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2003 09 16 CC Minutes LA QUINTA CITY COUNCIL MINUTES- SEPTEMBER 16, 2003 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, O.sborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT Audrey Ostrowsky, P. O. Box 351, complimented staff members from the Public Works and Community Development Departments for their quick response and efforts in trying to address some of her concerns. However, she feels other cOde enforcement matters have not been addressed in the same manner, and would like an investigation made into the citation she received for not having landscaping in her yard, which she feels should be grandfathered. CLOSED SESSION 1. Conference with the City's real property negotiator, Tim Jonasson, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquiSition and/or disposition of property located at 46-280 Jefferson Street (APN- 649-090-004). Property Owner/Negotiator: Edward E. and Marie A. Waldo. . Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). ' Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None City Council Minutes 2 September 16, 2003 CONFIRMATION OF AGENDA City Manager Genovese requested the City Council recess to the Redevelopment Agency after completion of the.Business Session items. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of August 19, 2003, as submitted. Motion carried with Mayor Adolph ABSTAINING. Council Member Henderson complimented the Community Services Department on the La Quinta Park opening on Saturday, September 12, 2003. Mayor Adolph commented on the late night calls he has received about the lights being left on. City Manager Genovese advised Musco Lighting is addressing the problem, which is related to a control panel link that apparently is affecting ball-field lighting in other cities as well. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTERS DATED SEPTEMBER 2 AND SEPTEMBER 16, 2003. 2. TRANSMITTAL OF TREASURER'S REPORT DATED JULY 31, 2003. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED JULY 31, 2003. 4. ADOPTION OF A RESOLUTION AMENDING RESOLUTION NO. 82-37, RELATIVE TO FACILITY USE FEES. (RESOLUTION NO. 2003-81) City Council Minutes 3 September 16, 2003 i 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY i SAFETY MANAGER TO ATTEND THE CALIFORNIA EMERGENCY SERVICES ~ ASSOCIATION ANNUAL CONFERENCE IN SOUTH LAKE TAHOE, CALIFORNIA, OCTOBER 12-16, 2003. 6. ADOPTION OF A RESOLUTION OF' INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD ' OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF LA QUINTA CHANGING THE RETIREMENT FORMULA TO 2.5% AT 55. (RESOLUTION NO. 2003-82) 7. ADOPTION OF A RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND EDWARD W. AND MARIE A. WALDO FOR PROPERTY LOCATED AT 46-280 JEFFERSON STREET, AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PURCHASE AND SALE AGREEMENTS FOR ADDITIONAL PROPERTIES ON JEFFERSON STREET. (RESOLUTION NO. 2003-83) r ,., 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A ~' FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 30487, SANTA ROSA TRAIL (SANTA ROSA DEVELOPMENT). (RESOLUTION NO 2003-84) 9. ACCEPTANCE OF IMPROVEMENTS FOR TRACT NO. 30056, THE TRADITIONS, ANDREW PIERCE CORPORATION. 10. ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL APPROVING APPLICATION TO APPLY FOR GRANT'FUNDS FOR THE PER CAPITA AND ROBERTI-Z'BERG'HARRIS BLOCK GRANT PROGRAMS UNDER THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. (RESOLUTION NOS. 2003-85 AND 2003-86) 11. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE .COUNTY OF RIVERSIDE TO PERMIT MOBILE HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION PROGRAMS AT THE LA QUINTA CORPORATE YARD FOR THREE YEARS, AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT. City Council Minutes 4 September 16, 2003 MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item Nos. 4, 6-8, and l0 being approved by RESOLUTION NOS. 2003-81 through 2003-86 respectively. Mayor Adolph spoke regarding Item No. 4,.and suggested some clarification as to deposits being refundable and the period of time the security guard rate refers to. Motion'carried unanimously. MINUTE ORDER NO. 2003-87. BUSINESS SESSION 1. CONSIDERATION OF AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND MEDICAL AID FOR THE CITY OF LA QUINTA. Building & Safety Director Hartung presented the staff report. In response to Council Member Henderson, Battalion Chief Cooley stated, if the County doesn't approve a third paramedic, the two-person paramedic squad will probably be located at Station No. 93. He confirmed it will be a separate unit and will not transport injured and/or ill people. Council Member Perkins stated his support of this does not affect his continued support of law enforcement needs. In response to Council Member Sniff, Mr. Hartung stated the County wants to find a way to get a third firefighter/paramedic on board, and any reluctance to do so is concern about "opening a can of worms" with other contract cities. City Manager Genovese added the discussions with the County on this issue are much closer than in the past. In response to Council Member Perkins, Mr. Hartung stated the paramedic squad will go outside the City only if responding to a mutual aid scenario. Mayor Adolph commented on paramedic services being vital to the City, and his Iongtime support of this issue. Council Member Henderson asked if the Fire Inspector position would be involved with development plans, and what his duties would entail. City Council Minutes 5 September 16, 2003 Chief Cooley advised the Fire Inspector will do fire inspections of businesses, work with plan check staff, and handle special events. He added the fire inspections take a lot of time. The position will not be used in a firefighting role. In response to Council Member Henderson, Chief Cooley stated he anticipates the paramedic positions being filled within 30-60 days. In response to Council Member Osborne, Chief Cooley stated six individuals will be hired to fill the two firefighter/paramedic positions. If the County approves a third paramedic, there will be a third person on each fire engine and a squad will not be utilized. Council Member Sniff stated he's not sure a Fire Inspector is needed at this time. Chief Cooley stated fires are Often caused by unsafe practices and not necessarily due to the age of the buildings. The Fire Inspector will work with businesses to identify fire hazards and advise of ways to correct the problem. He added there is some potential for liability if inspections are not done. In response to Mayor Adolph, he indicated inspections are not being handled at a satisfactory level at, this time. In response to Council Member Sniff, Chief Cooley advised the fire inspections would not include private residences. He stated he was not aware of any commercial fires in the City within the last 12 months. Mr. Hartung noted the Uniform Fire Code mandates annual fire inspections, and the City has been deficient in doing them. In response to Council Member Sniff, he. stated he also is not aware of any commercial fires within the last 12 months. MOTION -It was moved by Council Members Henderson/Sniff to approve an amendment to the Agreement with the County of Riverside to add two firefighter/paramedic positions and a fire inspector position to the existing level of fire services. Mr. Hartung noted one of the positions would be a engineer/paramedic. Motion carried unanimously. MINUTE ORDER NO. 2003-88. City Council Minutes 6 September 16, 2003 2. CONSIDERATION OF AWARD OF CONTRACT TO CONSTRUCT THE AVENIDA LA FONDA STREET ENHANCEMENTS, PROJECT NO. 2002-05. Public Works Director Jonasson presented the staff report. In response to Council Member Sniff, Mr. Jonasson stated businesses are responsible for keeping shrubs trimmed away from City sidewalks. He indicated he would look into the situation in front of the restaurant on the 'south side of Calle Estado. Council Member Sniff voiced concern about going into the City's reserves, and stated he supports Alternative No. 1 In response to Council Member Osborne, City Manager Genovese advised the funds for Alternative No. 3 are not earmarked for other projects at this time. Mr. Jonasson advised construction is anticipated to begin in October and go through December. Council Member Osborne spoke in support of Alternative No. 3. Council Member Sniff stated he had misunderstood where the funds would come from, and now also supports Alternative No. 3. In response to Mayor Adolph, Mr. Jonasson stated Alternative No. 3 would result in a cost savings of approximately $40,000 because mobilization and traffic cOntrol costs would only have to be paid once. Council Member Henderson spoke in support of Alternative No. 3. Although the work will not be done in time for the Old Town opening, she feels the City will show its support for the Village by getting the work started. She noted there will also be less disruption for businesses if the work is done at one time. Council Member Perkins concurred. MOTION - It was moved by Council Members Sniff/Osborne to award a contract to Cora Constructors in the amount of $637,291 to construct the Base Bid Area plus Add Alternates 1 and 2 within the Avenida La Fonda Street Enhancements, Project No. 2002-05, and recommend the Redevelopment Agency appropriate 8238,002.79 from unallocated Redevelopment Project Area No. 1 funds. Motion carried unanimously. MINUTE ORDER NO. 2003-89. · City Council Minutes 7 September 16, 2003 Council recessed tO the Redevelopment Agency meeting end to end until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING A 32-LOT SINGLE FAMILY SUBDIVISION ON 21.31 ACRES AND ARCHITECTURE AND LANDSCAPING PLANS FOR A 3,223 SQUARE FOOT PROTOTYPICAL PLAN AND CLUBHOUSE UNDER TENTATIVE TRACT MAP 31627 AND SITE DEVELOPMENT PERMIT 2003-779 ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF AVENUE 54 AND PGA BOULEVARD (RESIDENCE CLUB AT PGA WEST). APPLICANT: NADADOR, ,, ,, LLC. Community Development Director Herman presented the staff report, and Associate Planner Trousdell reviewed the site plan. In response to Council Member Sniff, Mr. Trousdell stated the previously- approved project had more lots and a large lake. Chris Bergh, 79-799 Old Avenue 52, of MDS ConSulting and representing the applicant, stated they are in agreement with the conditions of approval. He referenced Condition No. 12 for SDP 2003-779, and clarified they have two different elevations with a standard and reverse, resulting in four different types of buildings. They are not proposing to do another floor plan. In response to Council Member Henderson, Mr. Herman confirmed the second part of Condition No. 12 applies only if the developer comes back with additional facades. In response to Mayor Adolph, Frank Stolz, of Southcoast Architects, stated there will be two types of elevations with all the roofs being the same. Mayor Adolph stated he would be more concerned about the development looking like a tract if it had very many more homes. He asked if the units City Council Minutes 8 September 16, 2003 would be timeshares, and which homeowners association they would belong to. John Hagen, managing principal of Nadador, stated they will be Homeowner Association No. 4 but also a part of the PGA West Master Association. He confirmed the clubhouse height will be 24 feet. He stated the timeshares are actually a fractional o, wnership project where owners buy use by the month at 8175,000 annually, which includes a heritage club membership. He then reviewed how the club memberships will work and how dues will be paid. Mr. Herman noted a conditional use permit is required for timeshares. Mr. Hagen explained the units are not timeshares because they will be sold for more than a one-month period. Mr. Herman clarified the Planning Commission's intent in Condition No. 12 was to allow only 30% of the houses to have the two proposed facades, whether reversed or not. Therefore, a total, of four elevations will be required. Council Member Henderson stated it was her understanding that the Planning Commission's concern about the streetscape was somewhat divided since it is a gated community. She is not sure she agrees with the Planning Commission's requirement, and questioned why the developer was only proposing two elevations. Mr. Hagen stated the purpose is to have the same floor plan for all houses, with the only variation being views. Mayor Adolph suggested some minor architectural changes on fencing and gates to keep everything from looking the same. In response to Council Member Perkins, Mr. Hagen stated the owners will be guaranteed use of the home a certain number of days each year and on a space-available basis after that. The owner will control the number of days they can use it. In response to Council Member Henderson, Mr. Hagen explained each house will be owned by 11 different owners, but their use of that particular house is non-exclusive and they could be in any of the 33 units. City Council Minutes 9 September 16, 2003 In response to Council Member Osborne, Mr. Hagen confirmed the setbacks will vary. He stated privacy between units will be achieved through berming and landscaping. in response to Council Member Sniff, Mr. Hagen stated most likely smoking and animals will not be allowed. The .Mayor declared the PUBLIC HEARING OPEN at 7:38 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:38 p.m. After a brief' discussion, Council concurred to delete Condition No. 12 of the Tentative. Tract Map. RESOLUTION NO. 2003-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 32 SINGLE FAMILY AND OTHER COMMON LOTS SUBDIVISION ON 21.31 ACRES LOCATED AT THE SOUTHEAST CORNER OF AVENUE 54 AND PGA BOULEVARD (TENTATIVE TRACT MAP 31627 - MDS CONSULTING FOR NADADOR, LCC). It was moved by Council Members Henderson/Sniff to adopt. Resolution No. 2003-87 as submitted. Motion carried unanimously. RESOLUTION NO, 2003-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF LA QUINTA, CALIFORNIA, APPROVING A ONE-STORY, SINGLE FAMILY, PROTOTYPICAL HOUSE PLAN (3,223 SQ. FT.) AND OTHER PRIVATE AMENITIES FOR TENTATIVE TRACT MAP 31627 (RESIDENCE CLUB AT PGA WEST) (SITE DEVELOPMENT PERMIT 2003-779 - MDS CONSULTING FOR NADADOR, LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-88 as amended (deleting Condition No. 12). Motion carried unanimously. City Council Minutes 10 September 16, 2003 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT 2003-478 AND APPROVING DEVELOPMENT PLANS FOR A 280-UNIT RESIDENTIAL RESORT CONSISTING OF ONE AND TWO-STORY HOUSES ON 44.61 ACRES UNDER SPECIFIC PLAN 2003-065, TENTATIVE TRACT MAP 31379, AND SITE DEVELOPMENT PERMIT 2003-778 FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF COACHELLA DRIVE AND EISENHOWER DRIVE. APPLICANT: CENTEX DESTINATION PROPERTIES. Community Development Director Herman presented the staff report, and advised of a letter from Villa La Quinta requesting the project name be changed because a Villa La Quinta Homeowners Association already exists. Associate Planner Trousdell reviewed the site plan, and advised the developer has indicated the project name will change. In response to Council Member Perkins, Public Works Director Jonasson stated the gated entrance will be northwest of the roundabout shOwn on the plan. Mr. Trousdell confirmed the connecting street from the future project to the east will share access to the traffic signal at Coachella Drive. He stated the project will have' a primary pool at the clubhouse with satellite ' pools throughout the project. Any additional pool buildings will be restricted to one-story. Council Member Henderson requested the language in the specific plan clarify the proposed intent of "convenience store" as opposed to the broad terminology. In response to Mayor Adolph, Mr. Trousdell stated single-story units will be within 150 feet of the east property line, and a block wall up to eight feet high will be allowed if both developments agree to it. As for transporting between the hotel and this development, the developer may come back with a reconfiguration of Avenida Fernando to accommodate a cart path. He confirmed the roundabout entrance area will be landscaped. Steven Mudge, 2287 Buckingham Court, Henderson, Nevada, of Centex Destination Properties, advised the entrance gate will be between the roundabout and the clubhouse. As for the convenience store, he stated it will carry convenience items such as milk and bread in the coffee shop. Forrest Haag, 1254 North Coast Highway, Laguna Beach, representing Centex Homes, briefly described the elements of the master plan. City Council Minutes 11 September 16, 2003 In response to Council Member Perkins, Mr. Haag stated the homes will be owned by individuals but are envisioned as a less-than-30-day product and will most likely be rented out by a management company. He stated the property to the southwest is owned by KSL and is not part of the specific plan. In response to Council Member Henderson, Mr. Haag stated the "motor court" northwest of the roundabout is a turnaround area for vehicles and buses, and will not be used for parking motor homes. He clarified the kitchens are designed to encourage use of the restaurants at the La Quinta Hotel. Council Member Osborne spoke in support of the project but noted Condition No. 14 needs to be resolved.. In response to CounCil Member Sniff, Mr. Haag stated the units are two and three-bedroom and loft/office units ranging in size from 1,300 to 2,090 sq. ft. He explained there is greater revenue opportunity in renting the units for short periods of time as opposed to living in the units. The number of people allowed to stay in the units will be covered in the CC&Rs. Council Member Henderson asked how the fence requirement related to big horn sheep affects the City's Hillside Ordinance. Mr. Herman stated a fence would be required at the toe of the slope only if a big horn sheep came ont° the property. Mr. Mudge stated their vision for the project is to emulate the resort homes.' Bob Hargreaves, 74-760 Highway 111, Indian Wells, attorney with Best, Best, & Krieger, reviewed Condition No. 14 as approved by the Planning Commission and advised KSL is not in agreement with the language. Additionally, the applicant is opposed to the restriction for homeowners to reside in the units for more than 30 consecutive days. They do not have a problem limiting rentals to 30 days but the restriction for homeowners would be a "deal killer" for them. He noted the project fits in well with the surrounding residential uses but will function as a tourist/rental program. Centex is willing to commit to having a rental program available, and he feels the economics of the units will encourage participation in the program. Centex is also willing to commit to tie-ins with KSL and other country clubs for golf/social memberships, and to enter a development agreement with the City to ensure payment of Transient Occupancy Tax (TOT). He stated the language they propose for Condition No. 14 guarantees a rental program, City Council Minutes 12 September 16, 2003 tie-ins to golf/resort amenities, 30-day limit on rentals, and restrictions in the CC&Rs regarding modifications of floor plans. City Attorney Jenson advised, under the General Plan designation, tourist commercial uses are for hotel/motel/resort and without the use restrictions in Condition No. 14, this project could have 280 individual owners who do not wish to participate in a rental management program. The occupancy limitations do not force owners to rent the units but are intended to preclude the units being purchased as residences when that is not the intended purpose of the use. She pointed out this project was initially represented to be affiliated with the La Quinta Hotel but KSL has objected to any such reference, and the project must now be considered as a standalone project. She stated the offer of golf course memberships does not convert the project to a hotel/resort use and offering the units for rent to someone, not necessarily KSL, may or may not be sufficient to qualify the project as a hotel/resort use. She doesn't feel the developer's proposed language regarding a rental management agreement, is' sufficient to lead to the regular rental of the units. She agrees with the CC&Rs restricting the rentals to 30 consecutive days or less because it guarantees the units will generate TOT when rented. She pointed out a development agreement must be negotiated and approved prior to the issuance of any building permits, and Condition No. 14 could lead to a preclusion of a building permit being issued. She stated if there is a representation that these units will perform like the La Quinta Resort homes, then the TOT guarantee would obviously be akin to the performance levels of the resort homes. She noted, however, a guarantee of payment in a development agreement does not convert the use into an allowable use in the zone. The project needs to be part of a resort or have occupancy limitations designed to bring it into a less-than-30-day, regularly-rented category. She confirmed she has approved the language proposed by staff. Mr. Hargreaves stated Centex cannot impose a 30-day restriction on owners, and noted the resort homes do not have that restriction. If the size and cost of the units and the manner in which they are configured do not provide sufficient assurance that the units will not be used as residences, he feels they cannot provide that assurance because they have to be able to market the project. As for being tied into a resort, he noted the staff report indicates that staff feels it's not necessary for the project to be linked to KSL or any other resort/hotel facility as long as certain guarantees are established. He believes the Council has the authority to interpret the City's zoning ordinance and general plan and how this project fits within the intent. Mr. Haag stated Centex will enter into an agreement with KSL for golf access and management services or else they won't close 'the deal. City Council Minutes 13 September 16, 2003 However, KSL is concerned about being specifically named in the condition to be tied to every unit. Chevis Hosea, 2100 Costa Del Mar, Carlsbad, representing KSL, commented on the inability to sell the product if the expectation is to have every unit actively participating in the rent.al program and the owner restricted to four to six weeks of use. In order to make the project marketable, the units are designed in a manner to "design out" the owner because it's not comfortable full-time living instead of "restricting out" the owner. He noted these units will probably be vacant 35-40% of the year. As for the resort homes, that project has been successful with approximately 85 out of 98 units being active rentals. He stated KSL hopes to negotiate an agreement with Centex but is opposed to the private contractual obligations being placed in the entitlements. He added KSL would not be interested in selling the land to Centex if the language proposed by staff for Condition No. 14 is approved because it would make the project unmarketable. In response to Mayor Adolph, Mr. Hosea confirmed the resort casitas were approved as single family, detached residential units in a tourist commercial zone without any use restrictions, which is what Centex is requesting. He noted long-term rentals or full-time residences do not make sense in this type --- . of product except for handicapped people who may purchase the units and ~ utilize the room service amenity. Council Member Henderson stated she understands the product and agrees with the philosophy presented. As for the resort casitas not having any restrictions placed on it, she noted they were part of the hotel whereas this project is not, and the City doesn't have the same level of comfort or guarantee that these units' will be rented. She feels an arrangement with the .hotel makes this project more attractive than an arrangement with a rental management cOmpany. Since the parties involved seem to guarantee an agreement will be reached, she asked why it has not happened. Mr. Hosea stated KSL can contract with Centex to offer rental management services but each of the contracts would be individual contracts, and the individual home owners can hire and fire their rental services at any time. He pointed out under KSL's rental management contract, the resort homes are not rented until the hotel is full, unless a specific home is requested. This project would be third in line, and rented after the hotel and resort homes are full. As long as it is profitable, KSL will offer rental management services, but does not want contracts in perpetuity to uphold or resolve when they get ,-- ready to exit the market. He feels the units in this project are great but ~ logistically inferior because of their distance from the hotel facilities. He confirmed an agreement between KSL and Centex is not a guarantee of City Council Minutes 14 September 16, 2003 rental capacity. He stated the demand in this market cannot be satisfied on a weekend during the season, which ensures some level of TOT. He recommended the City have realistic expectations when placing conditions on resort residential projects. He noted if the resort end of this project is not successful, it will still be an over-designed, well-built project. In response to Council Member Perkins, Mr. Hosea explained an agreement between KSL and Centex would be for rental management services and include level and length of service. He believes the project can be successful with or without KSL if they have arrangements for golf memberships and amenity access agreements. He confirmed KSL owns the subject property, and is the logical choice to rent the units. In response to Council Member Sniff, Mr. Hosea stated the rental rate for the resort homes is higher than the hotel, and the rate for these units would potentially be less because they are farther away. Council Member Sniff stated he believes staff has a valid point in their proposed language, and asked Mr. Hosea if he disagrees. Mr. Hosea stated KSL feels the project will not sell if it is over-restricted. He believes they have shown a way to find consistency with the General Plan and zoning and to provide the best assurance possible of a successful project without killing it. Council Member Sniff noted "over-restricted" is a subjective term. He feels KSL has a valid argument but noted the City must also protect it's interests. In response to Council Member Osborne, Ms. Jenson stated she believes the City can comply with the zoning without an agreement limiting the owners to use of the unit for 30 days or less as long as the project is required to have an affiliation with a hotel or resort for a period of time the Council is comfortable with, and it doesn't have to be with the same hotel or resort. She stated she would be uncomfortable with if it is something that has to exist one day then vanish. She pointed out the condition cannot be enforced against KSL, and Centex is who would suffer the consequences if they fail to sign an agreement with KSL. She suggested a potential solution may be to impose a requirement for an affiliation with a hotel or resort within a three-mile radius of the property, and have a development agreement ensuring the project will operate like the resort units affiliated with KSL with a guarantee of the same level of TOT. Mr. Hargreaves stated he believes that would be acceptable. He noted another aspect would be requiring the affiliation agreement to be in effect for City Council Minutes 15 September 16, 2003 10 years, and they would have the option of swapping if it doeSn't work out. As for the TOT level, that will be negotiated and the development agreement brought back to the City Council within 30 days. The Mayor declared the PUBLIC HEARING OPEN at 8:33 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:34 p.m. Mr. Herman read the following recommended language for Condition NO. 14: "The develOper shall enter into a Development Agreement with the City of La Quinta for the payment of Transient Occupancy Tax' (TOT) for this development. This Agreement must be signed and recorded prior to the issuance of any development permits (i.e., infrastructure, grading, building, etc.) being authorized. Centex and a hotel/resort within the City of La Quinta shall enter into one or more contracts which allow the purchasers of. residences within the boundaries of Specific Plan 2003-065 the opportunity to purchase golf club and/or social' membershiPs. In addition, Centex and the resort/hotel shall enter into one or more contracts pursuant to which the purchasers .of residential units within the boundaries of Specific · Plan 2003-065 shall have the right to make their residential units available to the resort/hotel for the purpose of allowing the resort/hotel to rent and "- manage the same on behalf of said purchasers. Renter.s under such resort/hotel managed rental program shall have access to the resort/hotel facilities and amenities. A copy of the executed contracts shall be delivered to the Community Development Department before issuance of a building permit for a residential dwelling unit and shall remain in effect for 10 years. The rental/management agreement may be replaced within the lO-year timeframe. The CC&Rs for the residential product shall be developed within the boundaries of Specific Plan 2003-065, the project, shall restrict the rental of residential dwelling units therein to periods of 30 consecutive days or less. The residential dwelling units within the project shall have been designed to facilitate their short-term rental. Any material modification of the design or floor plan of the residential unit by the owner of such unit shall be restricted in the CC&Rs for the project and approved by the City of La Quinta." Council Member Osborne asked if Centex is in agreement with the language. (unidentified speaker in audience) replied, "Yes." In response to Council Member Osborne, Mr. Herman confirmed the ,-.- development agreement, which is in progress, will set the TOT. City Council Minutes 16 September 16, 2003 RESOLUTION NO. 2003-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2003-478 FOR SPECIFIC PLAN 2003-065, TENTATIVE TRACT MAP 31379, AND SITE DEVELOPMENT PERMIT 2003- 778 (CENTEX DESTINATION PROPERTIES). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-89 as submitted. Motion carried unanimously. RESOLUTION NO. 2003-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2003-065 TO ALLOW A 280- UNIT RESORT RESIDENTIAL PROJECT ON PROPERTY LOCATED TO THE NORTHWEST OF THE INTERSECTION OF COACHELLA DRIVE AND EISENHOWER DRIVE (CENTEX DESTINATION PROPERTIES). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-90 as amended (modifying Condition No. 14 to read, "The developer shall enter into a Development Agreement with the City of La Quinta for the payment of Transient Occupancy Tax (TOT) for this development. This Agreement must be signed and recorded prior to the issuance of any development permits (i.e., infrastructure, grading, building, etc.) being authorized. Centex and a hotel/resort within the City of La Quinta shall enter into one or more contracts which allow the purchasers of residences within the boundaries of Specific Plan 2003-065 the opportunity to purchase golf club and/or social memberships. In addition, Centex and the resort/hotel shall enter into one or more contracts pursuant to which the purchasers of residential units within the boundaries of Specific Plan 2003-065 shall have the right to make their residential units available to the resort/hotel for the purpose of allowing the resort/hotel to rent and manage the same on behalf of said purchasers. Renters under such resort/hotel managed rental program shall have access to the resort/hotel facilities and amenities. A copy of the executed contracts shall be delivered to the Community Development Department before issuance of a building permit for a residential dwelling unit and shall remain in effect for 10 years. The rental/management agreement may be replaced within the 10-year timeframe. The CC&Rs for the residential product shall be developed within the boundaries of Specific Plan 2003-065, the project, shall restrict the rental of residential dwelling units therein to periods of 30 consecutive days or less. The residential dwelling units within the project shall have been designed to facilitate their short-term rental. Any material modification of the design or floor plan of City Council Minutes 17 September 16, 2003 the residential unit by the owner of such unit ~shall be restricted in the ~ CC&Rs for the project and approved by the City of La Quinta.". Motion i carried unanimously. RESOLUTION NO. 2003-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 44.61 ACRES INTO 18 RESIDENTIAL AND OTHER COMMON LOTS LOCATED TO THE NORTHWEST OF THE INTERSECTION .OF EISENHOWER DRIVE AND COACHELLA DRIVE (CENTEX DESTINATION PROPERTIES). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-91 as submitted. Motion carried unanimously. RESOLUTION NO. 2003-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ONE AND TWO-STORY RESORT RESIDENTIAL HOUSING UNITS RANGING FROM 1,300 SQ. FT. TO 2,090 SQ. FT., CLUHOUSE, AND OTHER BUILDINGS.ON A 44.61-ACRE SITE LOCATED --- NORTHWEST OF THE INTERSECTION OF COACHELLA DRIVE AND EISENHOWER DRIVE (SITE DEVELOPMENT PERMIT 2003-778 - CENTEX , DESTINATION PROPERTIES). It was moved by CounCil Members Sniff/Henderson to adopt Resolution No. 2003-92 as submitted. Motion carried unanimously. 3. PUBLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2003-475 AND GRANTING APPROVAL OF TENTATIVE TRACT MAP .31249, AN 85- LOT SUBDIVISION ON 33+ ACRES LOCATED ON THE SOUTH SIDE AVENUE 58 WEST OF MADISON STREET. APPLICANT: MADISON/58~' PARTNERS, LLC. Council Member Osborne abstained due to a potential conflict of interest and left the dais. Community Development Director Herman presented the staff report, and Associate Planner Nesbit reviewed the tract map. City Council Minutes 18 September 16, 2003 In response to Council Member Perkins, Mr. Nesbit stated the northeast entrance is across from Coral Mountain Court, and the main entrance is farther west. He added both will be full-movement access points. In response to Council Member Henderson, Mr. Nesbit clarified the Planning Commission's revision to Condition No. 52(c) eliminates the requirement for a sidewalk. Council Member Henderson complimented the Planning Commission on doing an outstanding job on all of the items before them at their last meeting. She stated it was the finest meeting she has ever listened to. In response to Council Member Perkins, Public Works Director Jonasson stated it's unlikely either of the entrances will meet warrants for a traffic signal, and no medians are planned on Avenue 58, which limits what can be done to restrict full-turn movements. He advised staff will look into the possibility of adding an acceleration lane on Avenue 58 for vehicles turning left. Council Member Henderson noted the amount of traffic on Avenue 58 is very limited. David Turner, 77-899 Wolf Road, Palm Desert, of Coachella Valley Engineers and representing the applicant, reviewed the circulation for the project, and requested the following be deleted from Condition No. 52(c): 1) "back l0- foot portion of the required" and 2) "to separate the multi-use trail from the pedestrian sidewalk." Council Member Henderson asked if the split rail fence would still be needed, to which Mr. Herman replied, "Yes." The Mayor declared the PUBLIC HEARING OPEN at 9:51 p.m. Patrick O'Dowd, 49-460 Rancho San Francisquito, representing Coral Mountain, stated Coral Mountain has easements on the east, west, and south sides of this project, which they intend to utilize to facilitate certain off-site requirements and development objectives. He referenced a letter from their legal counsel regarding conditions of approval they would like to have added to the tentative tract map in order to protect their property rights. He stated they have discussed the easements with this developer, and believe the issues can be concluded in a short period of time. He confirmed the conditions of approval referenced are the conditions deleted by the Planning Commission. City Council Minutes 19 September 16, 2003 Council Member Henderson stated she understood legal counsel determined at the Planning Commission hearing that the issue was a civil matter. Mr. O'Dowd indicated their attorney feels the conditions are appropriate. He stated the tract, as proposed, will make it difficult for Coral Mountain to create a roadway through the easements. In response to Mayor Adolph, Mr. O'Dowd stated the easements are 20-foot wide roadway easements. Public Works Director Jonasson stated the conditions that were deleted basically required the developer to secure the removal of the easements from the property prior to recordation of the final map. Planning Manager Orci added under the deleted conditions the City was obligating the easement holder to make arrangements with the City and applicant to change the access easements, which was determined to be a civil matter. Mr. O'Dowd noted the property owners along that adjoining property line need to be aware of the easements prior to taking title to the property to --- avoid litigation over easement rights. They also want the project conditioned ~ to soften the slope between the grade separation so the easement can be , used as a road. Council Member Henderson questioned the condition being of any benefit if the issue is, a civil matter. City Attorney Jenson advised an easement is a recorded property interest, and there are rights that go along with that property interest. She noted there would be nothing wrong with a notification requirement. As for the grade separation issue, she advised it's within the Council's purview to consider it but primarily those issues are resolved between the two parties of the easement agreement. Mr. Turner referenced a recorded document that states the easements were originally given to Mr. Norman L. White for roads and incidental purposes to access the parcel he owned at that time. He pointed out the Coral Mountain development .has access to their property on both Avenue 58 and Madison Street, and they are in negotiations with Coral Mountain to get rid of the easements. He added the parcels are deep enough to leave the easements ,-- open and make it a smooth transition. He referenced another project they had with an easement across the street, wherein the tract map was approved and the easement matter resolved prior to recordation of the map. City Council Minutes 20 September 16, 2003 He feels this is not a City issue, and that the two developers should 'be allowed to work it out. Mayor Adolph noted they legally have the right to build a block wall on the property line, and asked what good the easement would be to someone else if that is done. Mr. Turner stated in past instances with CVWD there has been an access gate. He added Coral Mountain has indicated they don't need all of the easements. Mr. O'Dowd stated they intend to utilize the easement as a roadway, and do not believe the tract map makes sense as proposed. He feels the issue can be resolved but would also like to have their easement rights protected 'as outlined in their attorney's letter. Mr. Turner stated Coral Mountain does not own the easement. He also pointed out 20 feet is not wide enough for a road, and that the easement only provides ingress/egress rights. Mr. O'Dowd stated they do not have title to the easement but he believes they do own it, and they have specific uses planned for the property. He believes they can use the easements for construction access, fire access, and other uses. In response to Mayor Adolph, Ms. Jenson suggested a notification requirement if there is concern homebuyers may not be aware of the easement. Given the potential for the easement to be used for access, she feels CounCil should make sure they are comfortable approving the tract map with the easement rights. In response to Council Member Perkins, Ms. Jenson stated the conditions of approval can include a statement that the easements, will be respected as long as they exist but she doesn't feel it's necessary. Council Member Sniff noted the easements will be declared in the property titles, and he feels it's redundant for the City to include it. Mr. Turner stated theY believe the easement was for access by the owner to one particular parcel and that those rights cannot be delegated to any other individual or entity. He stated if the easements remain, they will accommodate them to satisfy the City and any access required. City Council Minutes 21 September 16, 2003 In response to Council Member Henderson, Mr. Herman stated if this application is approved, the developer will file improvement plans or bonds and process the final map, which would come before the Council for final approval. Ms. Jenson stated she understood the easement holders have to approve the owner's certificate in order to send the map. Mr. Jonasson stated he was not sure. Mr. Turner stated he understood from staff that when Coral Mountain submits their specific plan amendment, the easements will need to be' removed. He believes this will be resolved prior to that. Mr. O'Dowd stated he understands approval of the tentative tract map will allow the developer to begin grading, which will affect the roadway they propose for the easement. In response to Council Member Perkins, Mr. O'Dowd confirmed the easement is not on Coral Mountains' property but they believe the easement is for their benefit and they own it. Mr. Turner stated Coral Mountain has rights to the easement but they do not own it. He added the pads can be graded to make it work if the easement issue cannot be resolved. Council Member Perkins stated he believes this is a civil matter. Council concurred. Mr. Jonasson noted the tentative map does not affect the developer's ability to obtain a grading permit because the requirements are the same before and after approval of a tentative map. Ms. Jenson stated a signature is not required for right-of-way easements for a final map. There being no other requests to speak,· the Mayor declared the PUBLIC HEARING CLOSED at 10:30 p.m. City Council Minutes 22 September 16, 2003 RESOLUTION NO. 2003-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-475 FOR TENTATIVE TRACT MAP 31249 (MADISON/58TM PARTNERS LLC.) It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-93 as submitted. Council Member Henderson stated she is disappointed to see, what seemed to be reasonable negotiations take a dive this evening, and hopes the issue will be resolved. Motion carried with Council Member Osborne ABSTAINING. RESOLUTION NO. 2003-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT 31249 DIVIDING 33.33 ACRES INTO 85 SINGLE FAMILY LOTS AND OTHER COMMON LOTS (Madison/58= Partners LLC). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-94 with amended language in Condition No. 52(c). Motion carried with Council Member Osborne ABSTAINING. Council recessed to the Redevelopment Agency meeting. Council reconvened. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CVAG Committee Reports -- Mayor Adolph asked if there was any comments on the home mortgage issue. Council Member Henderson stated she Was pleased with the City Manager's position on this at the TAC meeting. Council Member Perkins commented he feels CVAG is going a little too far on this. City Council Minutes 23 September 16, 2003 City Manager Genovese stated TAC passed the issue on a 6-5-1 vote, with two of ,'"" " those in favor not being city managers. He stated concerns were voiced as to the i real need for the program; how it may be contradictory and sometimes competitive ' with the cities' programs; the logic of dealing with moderate-income homebuyers; and is it something CVAG shoUld get into. He believes CVAG is trying to keep the cost of dues down but he prefers raising the dUes as opposed to having the potential exposure the new program may bring. He noted La Quinta would not have to participate in the JPA but potential exposure is still a concern because of CVAG's participation. It was noted that the issue will go before the Executive Committee on September 29th. SunLine Transit Agency -- Mayor Adolph reported they will be dealing with the taxi issue September 19th. Energy & Environmental Resources Committee -- Council Member Sniff reported material on the multi-species issue should be coming to the City in October. C. V. Mountains Conservancy -- Council Member Sniff stated the Conservancy approved a $10 million grant for purchase of the Joshua Hills area. Chamber of COmmerce Workshop/Information Exchange Committee -- Council Member Osborne stated the Chamber is in the process of getting quotes on an --- audit. He has also requested the City receive a verbal update when they provide the quarterly reports. League of California Cities-Riverside Division -- Council Member Henderson. reported the League has unanimously supported moving forward with a ballot initiative for the November 2004 ballot. The ballot initiative is for a constitutional . amendment that would direct State 'legislators to leave the cities' revenue streams alone. To do otherwise, would require a 2/3 vote of both the Assembly and the Senate, and then would require it be placed on a ballot. She stated a Resolution of Support for this body to consider will be forthcoming. Palm Springs Desert Resorts & Convention & Visitor's Authority .-- Council Member HenderSon stated she will provide CounCil with a copy of a report received at the last meeting regarding Palm Springs International Airport. All other reports were noted and filed. City Council Minutes 24 September 16, 2003 DEPARTMENT REPORTS City Attorney Jenson reported she has forwarded comments to CVAG on the administrative draft for the multi-species plan, with the most important comments being related to the trails and additional golf holes in the SilverRock Ranch project. She has received a positive report in a voice mail message from Bill Havert that both can be accommodated in the plan. 3-B. SCHEDULE FOR JOINT COUNCIL/COMMISSIONS ANNUAL MEETING. After a brief discussion, Council concurred to schedule a joint meeting with the City Commissions/Boards on September 30, 2003, beginning at 5:00 p.m. I-A. RESPONSE TO PUBLIC COMMENT. Council Member Osborne requested additional information on the traffic issue at Miles Avenue and Dune Palms Road. City Manager Genovese stated a written report will be prepared for the next agenda. Council Member Henderson stated a major meeting today at the Desert Sands Unified School District office focused on traffic issues at the schools. Mayor Adolph stated Superintendent Doris Wilson told him a crossing guard will be setup at that location. City Manager Genovese reported the City has contracted for additional building inspectors due to the increased issuance of building permits, and the Engineering Department has filled a vacant Assistant Engineer I position and is in the process of filling a Senior Engineer position. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph stated John Gamlin, of The Hideaway, informed him the road improvements at Avenue 54 will be underway by the end of next month. He asked the Council to review a letter and information he received from Jim Smith, a realtor, regarding a code enforcement issue. He also stated he would like City Council Minutes 25 September 16, 2003 the Council to re-address the matter of signage at the Auto Center in light of the huge banners on the rear of the buildings. Council concurred. ADJOURNMENT There being no further business, it was moved by Council Members Perkins/HenderSon to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California