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1998 01 06 CC Minutes^!1 LA QUINTA CITY COUNCIL MINUTES JANUARY 6, 1998 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Pena, and the Pledge of Allegiance was preceded by a moment of silence in honor of the death of Congressman Sonny Bono. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT Robert Tyler, 44-215 Villeta Drive, spoke regarding *The Pairings" project and questioned why Council had denied the project after encouraging and working with the developer for 2Y2 years. He felt the denial has set an economic development precedent that will be hard for the City to overcome. Jack Sobelman, 52-815 Avenida Martinez, questioned a statement in the Palm Desert Post that stated The Pairings" project was denied because the environmental assessment was inadequate. He also spoke regarding the death of Congressman Bono and hoped the City might be instrumental in helping to find someone to step into his shoes. Lora Sobelman, 52-815 Avenida Martinez, spoke regarding Congressman Bono's humanitarianism and suggested the City send something to his family. Joyce Sivley, 79-775 Westward Ho Drive, spoke regarding *The Pairings" project and suggested the Mayor alternate public comments by proponents and opponents in future hearings. CONFIRMATION OF AGENDA Council Member Henderson asked that a closed session item be added to the agenda to discuss the auto mall project in response to a letter Council received from Dave Stark after the agenda had been posted. MOTION It was moved by Council Members Sniff/Adolph to add a closed session item pursuant to Government Code Section 54956.8 negotiation of a lease/sub-lease of property located at the corner of Adams Street and Highway 111 Stamko Development, noting that the need to take action arose after the posting of the agenda. Motion carried with Mayor Pena ABSENT. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1City Council Minutes 2 January 6, 1998 APPROVAL OF MINUTES MOTION It was moved by Council Members Adolph/Sniff to approve the City Council Minutes of December 11 and 16, 1997 as submitted. Motion carried unanimously. ANNOUNCEMENTS Council Member Sniff suggested sending a sympathy letter to Congressman Bono's family on behalf of all the Council. Council concurred. PRESENTATIONS None WRITTEN CORRESPONDENCE 1. LETTER FROM RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL REQUESTING A SPONSORSHIP. Lori Moss, 46-209 Oasis Street, lndio, National Date Festival Fair Manager, advised that the new Queen Scheherazade wished to introduce herself to the Council. Queen Scheherazade Vanessa Ruiz, formerly Miss La Quinta, spoke regarding the changes at this year's National Date Festival and her plans for college. Ms. Moss advised that the Fair Board would like for La Quinta to help sponsor this year's event. MOTION It was moved by Council Members Sniff/Henderson to add the request of the Riverside County Fair & National Date Festival to the agenda as the need to take action arose after the posting of the agenda and it requires prompt action. Motion carried unanimously. MINUTE ORDER NO.98-01. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1 J City Council Minutes 3 January 6, 1 998 BUSINESS SESSION 1. CONSIDERATION OF WAIVER OF INFRASTRUCTURE FEES FOR LAPIS ENERGY CORPORATION FOR THEIR PROJECT LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD. Mr. Herman, Community Development Director, advised that Lapis Energy Organization has requested waiver of infrastructure fees in the amount of $25,200. The original request for $48,600 has been reduced since non-retail- generating uses are not permitted exemptions under our policy. An analysis of the applicant's projected revenue was prepared by both the applicant and RSG, but it did not include the applicant's projected profit. He advised that Lapis Energy has chosen not to contribute toward any reimbursement to Desert Sands Unified School District for the cost of constructing Dune Palms Road. In response to Council Member Henderson, Mr. Herman advised that an analysis based on the new figures shows a return of approximately 60% and that the project still falls within the economic development program. In response to Council Member Sniff, Mr. Herman advised that the City agreed in a written agreement to attempt to secure reimbursement for the School District from adjacent property owners for the construction of Dune Palms Road. He advised that trees and right-of-way were donated from the Hammer property on the west side of Dune Palms Road, but Lapis Energy who is the property owner on the east side, has chosen not to participate in the reimbursement. Council Member Adolph felt a precedent might have been set when infrastructure fees were waived for the La Quinta Resort & Club and the One- Eleven La Quinta Shopping Center. Mr. Herman advised that the fee waiver was part of the financial package in getting the One-Eleven Shopping Center project to come into the City and noted that the La Quinta Resort & Club generates a lot of TOT revenue for the City. Mr. Genovese, City Manager, noted that the fee waiver was also a part of the economic analysis of the shopping center's financial need. He advised that the City generates $1 6 million annually in sales tax. Mayor Pena noted that the City may waive or reduce commercial or industrial fees in cases where the developer demonstrates that the proposed development will generate significant" sales tax and transient occupancy tax to the City. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1City Council Minutes 4 January 6, 1998 Council Member Henderson didn't see anything that warrants waiving the fees and felt the developer should pay for an additional analysis to establish that the need* exists. She stated that she may not support waiver of the fees, but would be willing to work out a payment plan with the developer until the business is established. Council Member Sniff agreed and felt the request should be denied; MOTION It was moved by Council Members Sniff/Adolph to deny the request of Lapis Energy Corporation for waiver of infrastructure tees. Motion carried unanimously. MINUTE ORDER NO.98-02. 2. SECOND READING OF ORDINANCES ORDINANCE NO.313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ENTITLED STORM WATER MANAGEMENT AND DISCHARGE CONTROLS." It was moved by Council Members Sniff/Henderson to adopt Ordinance No.313 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 3. CONSIDERATION OF THE REQUEST FROM THE RIVERSIDE COUNTY FAIR & NATIONAL DATE FESTIVAL TO PROVIDE A $20,000 SPONSORSHIP FOR THE 1998 EVENT. Lori Moss, 46-209 Oasis Street, Indio, National Date Festival Fair Manager, distributed the pre-brochure for the Fair and advised that they're working to increase local attendance and school tours, as well as senior bus tours. She noted that Palm Desert and Rancho Mirage have each contributed $10,000 in sponsorships toward the shortfall caused by eliminating Marlboro as a sponsor, leaving a remaining shorttall of $5,000. Council Member Sniff supported a $5,000 contribution and suggested they submit any request for*next year's event during the budget process this year. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1 I City Council Minutes 5 January 6, 1 998 In response to Mayor Pena, Ms. Moss advised that the City would receive complimentary tickets for their sponsorship and could possibly be a sponsor of Wednesday's senior activities. In response to Council Member Adolph, Mr. Genovese, City Manager, advised that it would be funded from the General Fund Reserve Account. Council Member Henderson agreed that Council has made a strong point in trying to get financial requests considered during the budget process, but didn't have a problem supporting $5,000. MOTION It was moved by Council Members Sniff*Henderson to provide sponsorship for Riverside County Fair & National Date Festival in the amount of $5,000, with the funds coming from the General Fund Account. Motion carried unanimously. MINUTE ORDER NO.98-03. CONSENT CALENDAR Mayor Pena asked that Consent Calendar Item Nos. 4 and 5 be pulled from the Consent Calendar and voted on separately due to a conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 6,1998. 2. ACCEPTANCE OF SHARED-ENTRY IMPROVEMENTS AT THE LA QUINTA VILLAGE SHOPPING CENTERILA QUINTA VILLAGE APARTMENTS ENTRY-WAY USA PROPERTIES FUND, LA QUINTA VILLAGE APARTMENTS, PLOT PLAN 96-571. 3. APPROVAL OF RECLASSIFICATION OF THE SALARY FOR ACCOUNTING MANAGER FROM RANGE 65 TO RANGE 68. 4. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT FOR PARCEL MAP 28612, THE TRADITION-TRADITION CLUB ASSOCIATES, L.L.C. Action taken separately below.) 5. APPROVAL OF FINAL MAP FOR TRACT 28611 THE TRADITION TRADITION CLUB ASSOCIATES, L.L.C. Action taken separately below.) 6. APPROVAL OF OVERNIGHT TRAVEL FOR THE CODE COMPLIANCE OFFICER TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC., IN LONG BEACH, JANUARY 23 AND 24, 1998. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1City Council Minutes 6 January 6, 1 998 7. APPROVAL OF OVERNIGHT TRAVEL FOR AN ANIMAL CONTROL OFFICER TO ATTEND A TRAINING CONFERENCE SPONSORED BY THE HUMANE SOCIETY OF THE UNITED STATES IN SAN DIEGO, FEBRUARY 18-21, 1998. 8. APPROVAL OF OVERNIGHT TRAVEL FOR THE PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE LEAGUE OF CALIFORNIA CITIES PLANNERS INSTITUTE CONFERENCE IN LONG BEACH, MARCH 5-7, 1998. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended with the exception of Item Nos. 4 and 5. Motion carried unanimously. MINUTE ORDER NO.98-04. Regarding Item No.4: MOTION It was moved by Council Members Sniff/Adolph to approve Consent Calendar Item No. 4 as recommended. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.98-05. Regarding Item No.5: MOTION It was moved by Council Members Sniff/Adolph to approve Consent Calendar Item No. 5 as recommended. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.98-06. STUDY SESSION 1. CONTINUED DISCUSSION REGARDING STORM WATER DRAINAGE FACILITIES SERVING THE COVE AREA. Mr. Speer, Senior Engineer, gave a brief review of the City's storm water drainage facilities on both sides of the Cove as well as the residential area of the Cove. Mayor Pena asked staff to look into the possibility of landscaping the dike, especially along Eisenhower Drive, and to find out if CVWD is concerned that landscaping the dike might undermine its integrity. Council Member Henderson advised that KSL has indicated that they plan to landscape the area along Eisenhower Drive. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1 I City Council Minutes 7 January 6, 1 998 in regard to the drainage system within the residential area of the Cove, Mr. Speer advised that the runoff south of Avenue 52 flows into the Oleander Reservoir except when a large amount of mountain runoff exists in the detention basin, then it's diverted into a detention basin at The Tradition Club. None of the runoff from the residential area of the Cove goes into the Bear Creek Channel. The runoff north of Avenue 52 is carried under Avenue 52 to a temporary retention basin. During large storms, it backs up into the Calle Rondo ditch and if it reaches two feet deep, it flows through grates into the Citrus Golf Course. It reaches its maximum 16w rate at fbur feet deep, but is still contained in the ditch. He advised that runoff carried under Avenida La Fonda to the Calle Rondo ditch tends to pond due to the slow movement caused by the flat terrain. In response to Council Member Adolph, Mr. Speer advised that the Calle Rondo ditch is located within the setback area of the Citrus Golf Course. He advised that runoff collected in the detention basin at Desert Club Drive near the Adams School is pumped back into the storm drain at Calle Tampico and carried to the Calle Rondo ditch. The reason for pumping it out of the detention basin and into the storm drain is because the soil will not allow the water to percolate into the ground. He advised that during a study session on November 18, 1997, Council directed staff to look into two issues: 1) the appropriateness of directing drainage to the Calle Rondo neighborhood, and 2) a suggestion that the existing drainage system be revised. He advised that approximately 3-4 years ago, CVWD ceased to allow new drainage connections to introduce nuisance water into the Whitewater Channel. Nuisance water, which is only part of the problem in the Calle Rondo ditch, must be disposed of in an acceptable manner regardless of location. The Calle Rondo ditch is a natural location for a storm drain because it's the lowest elevation in the original subdivided areas of the Cove. It accepts water only from the lower Cove elevations and is a *pa554h**g*i location only. The alternatives for improving the Calle Rondo ditch are: 1) proceed with the current improvement plan of landscaping the open channel at no additional cost, 2) construct a slump stone wall and landscape area between the street and wall at an estimated cost of $260,000, or 3) cover the ditch and landscape the top at an estimated cost of $550,000. The covered ditch would have to be approximately 20 feet wide by 4 feet deep in order to handle runoff from a 100- year storm because the drainage system in the south end of the Cove is constructed to handle a 25-year storm and any runoff beyond that is carried down the street system to the bottom of the hill, which is at Calle Rondo. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1 I City Council Minutes 8 January 6, 1 998 In response to Council Member Henderson, Mr. Speer advised that a detailed hydraulic analysis would be needed to determine how much water the street system will handle. Staff's recommendations included directing staff to include improvements to the Calle Rondo ditch in the Capital Improvement Program for evaluation and prioritization, or rejecting the improvement alternatives involving public funding and reaffirming the City's intent to have the Citrus Golf Cour*e developer landscape the open channel. In response to Council Member Sniff, Mr. Vogt, Public Works Director, advised that the nuisance water, which causes ponding, mosquitos, and weeds, and the flooding of the intersection during high-flow situations, is the primary concern. Normal street designs have a 2% grade which allow one lane of travel with the water at curb level on both sides during a 100-year storm, but due to the low elevation, high-flow situations might exceed that on Calle Rondo. Council Member Sniff suggested constructing a basin in the ditch at the point where most of the nuisance water enters and use sump pumps in the basin to pump the nuisance water to the retention basin on Avenue 52. In response to Council Member Perkins, Mr. Speer advised that sending the nuisance water into the Whitewater Channel has never been a consideration. He noted that one of the suggestions in the City-wide Flood Control Plan that was never adopted, was to put the storm water from this area into the irrigation canal, but it would require Federal approval. In response to Council Member Perkins, Mr. Speer advised that the manhole. covers are bolted down in areas where the drainage system is under pressure. In response to Council Member Adolph, Mr. Speer advised that nuisance. water generated within The Tradition Club will stay in storm basins within that project. Regarding the Calle Rondo drain, there will be openings in the pipe sending 90% of the water onto the Citrus Golf Course. Should the water back up onto the streets, it would flow south on Calle Rondo and flow across Avenue 52 before it would back up onto the properties in the Calle Rondo neighborhood. Mayor Pena felt it might be appropriate for staff to look into Council Member Sniff's suggestion to install a sump pump in the ditch. In response to Seth Etinger, 78-720 Avenida La Fonda, Mr. Speer advised that the Oleander Reservoir is west of Eisenhower Drive and the narrow channel to the east is the La Quinta Evacuation Channel. During a 100-year storm, the BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1 I * City Council Minutes 9 January 6, 1 998 water will continue to flow out of the evacuation channel toward the Whitewater Channel. Mr. Etinger felt something should be done immediately about the Calle Rondo ditch and that the evacuation channel should be utilized for the benefit of the entire community instead of reserving it for a 100-year storm. He felt there are fatal flaws with the current drainage system and questioned why water is pumped out of the Oleander Reservoir and back into the lower Cove drainage system instead of being routed through the evacuation channel. Mr. Speer advised that the intent for the evacuation channel is to handle a 100- year storm, but its surface isn't flat or even enough to carry water during low- flow situations because the slope between Washington Street and the Whitewater Channel is only four feet. Mr. Etinger believed the evacuation channel was built for more than just a 100- year storm and that the golf courses have violated their lease agreements by re- contouring the soil so as to obstruct the natural flow of the water. The golf courses don't want the water on their property and the property owners along Calle Rondo don't want it in their neighborhood either. He urged Council to have the drainage problems corrected. Council Member Henderson asked staff to assist Mr. Etinger in acquiring copies of the lease agreements between CVWD and the property owners being allowed to utilize the channel. In response to Mayor Pena, Mr. Etinger advised that he hadn't yet requested the agreements from CVWD, but wished also to have a copy of the deeds. Mayor Pena suggested staff look into the cost of installing sump pumps in the ditch. Council Member Sniff agreed and further suggested that the issue of the effectiveness and usability of the evacuation channel be investigated. In response to Council Member Adolph, neither Mayor Pena nor Council Member Sniff felt that a hydrology study should be done at this time. Mayor Pena suggested staff obtain copies of the lease agreements and other pertinent documents from CVWD. In response to Council Member Henderson, Mr. Speer advised that an RFP would have to be distributed to obtain a more definitive cost for the hydrology study. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1 5 City Council Minutes 10 January 6, 1998 Bob Helgeson, 78-715 Calle Tampico, was concerned about waiting too long to prepare the hydrology study and asked if anything has been done since the November 18th meeting. Mr. Vogt advised that the grate at Avenida La Fonda and the pipes under Avenue 52 have been cleaned up as well as the catch basins and storm drains throughout the City. Council Member Henderson felt the hydrology study should be considered during the budget process. In response to Council Member Adolph, Mr. Vogt advised that staff has spoken to KSL regarding the pumping of water from the golf course into the Calle Rondo ditch and have informed them that the golf course is a retention basin first and a golf course second. If Council wishes, staff can bar KSL from pumping into the ditch altogether. Council Member Adolph felt the same rule should apply to the other golf courses. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS 1. TENTATIVE AGENDA ITEMS FOR JANUARY 27, 1998 STUDY SESSION. Mr. Genovese, City Manager, advised that the discussion fbr amending the Art in Public Places Ordinance has been pulled from the agenda. Council Member Henderson asked if certain election procedures could be discussed under Council Goals or if it should be agendized separately to which Mr. Genovese advised that it could be done either way. In response to Mayor Pena, Mr. Genovese advised that the discussion regarding Boards and Commissions is tentatively scheduled for January 20, 1998. He further advised that the Finance Director is currently preparing a report regarding computer training. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1 1 City Council Minutes 11 January 6, 1 998 2. COUNCIL TOUR OF HILLSIDE CONSERVATION AREAS. s** Correction Council concurred on scheduling a special meeting for January 21 1998 at on 1I2o/98*) 10:00 a.m. for the Hillside Conservation Tour. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PUBLIC HEARING PROTOCOL. Council Member Perkins commented on the appropriateness of Council Members having statements prepared in advance of a pub!ic hearing, noting that decisions are supposed to be made after public testimony has been given. 2. DISCUSSION REGARDING PROVISION OF 24-HOUR ANIMAL CONTROL SERVICES. Council Member Perkins felt the City should have 24-hour, on-call, animal control services, noting that he found a dog over the weekend and was unable to contact an Animal Control Officer because of the holiday weekend and was told that the Sheriff was busy and would try to get out. He was also told that any disbursement of County animal control services would have to come from Riverside. He wished to have someone from the City on-call. Mr. Genovese, City Manager, advised that the County is supposed to be the City's back-up service, but that staff would look into the issue. PUBLIC HEARINGS None Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session. CLOSED SESSION 1. Public Employee Appointment Executive Secretary, Mayor and City Council Secretarial Services pursuant to Government Code Section 54957. 2. Conference with legal counsel pursuant to Government Code Section 54956.8 negotiation of a potential lease/sublease with Stamko Development for property located at Highway 111 and Adams Street. BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02 ^!1City Council Minutes 1 2 January 6, 1998 Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Respe fully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-12-1998-U01 10:00:23AM-U01 ADMIN-U01 CCMIN-U02 01-U02 06-U02 1998-U02