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2004 10 05 CC Minutes . - LA QUINTA CITY COUNCIL MINUTES OCTOBER 5, 2004 . 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, Osborne, Perkins (arrived 2:20), Sniff, Mayor Adolph ABSENT: Nonè MOTION - It was moved by Council Members Sniff/Henderson to excuse Council Member Perkins. Motion carried unanimously. . PUBLIC COMMENT - None CLOSED SESSION 1. Conference with the City's real property negotiator, Mark Weiss, pursuant to - Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of 16.03 acres located near the southwest corner of Highway 111 and Jefferson Street (APNs: 649-030- 086, 649-030-087, and 649-030-088). Property Owner/Negotiator: Mike Dobrota. , Council recessed to Closed Session to and until the hour of 3:00 p.m. ,.,.~CouncitMemberPerkills arrived at approximately 2:20 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 October 5, 2004 CONFIRMA TION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENT A TIONS Mayor Adolph presented a Certificate of Achievement Award for excellence in financial reporting to Finance Director Falconer and the Finance Department staff. * * * * * * * * * * , fJiayor Adolph presented a plaque and expressed appreciation to Jerry Herman for 1 8 years of service as the Community Development Director for the City of La Quinta. V~RITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM THE DESERT AIDS PROJECT. Council concurred to direct staff to send a letter expressing appreciation for their sponsoring of the event but declining to participate due to budget constraints. APPBOV AL OF MINUTES . r~OTI()N -~- It vIas moved by Council Members Sniff/Henderson to approve the City Council Minutes- of September 22, 2004, as submitted. Motion carried unanin)ously. CONSENT CALENDAR 1 . ,APPROVAL OF DEMAND REGISTER DATED OCTOBER 5, 2004. 2. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL , A' ": ENGINEERING SERVICES FOR TtiElilGHWAY 111 STREET IMPROVEMENTS ,FROM, ADAMS STREET TO JEFFERSON STREET, AND APPOINT A CONSULTANT SELEC110N COMMIT1E~, PROJECT NO. 2001-07A. ---- ------ - ~ ---- - _._~.-.. City Council Minutes _~è October 5, 2004 , ..' .v' ""'~.ié ;,..; . : ',""r"-':- ~~.".:": l:7 ': - 3. APPROVAL OF AWARD OF CONTRACT FOR THE FISCAL YEAR 2003/2004 : SLURRY SEAL.AND RE-STRIPING PROGRAM, PROJECT NO. 2004-03. : 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROV ALOF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 29053-3, . PM RENAISSANCE, TRANSWEST HOUSING, INC. (RESOLUTION NO. 2004-105) 5. APPROVAL OF AWARD OF CONTRACT FOR CITYWIDE LANDSCAPE .LIGHTING MAINTENANCE, PROJECT NO. LMC 2004-04. 6. APP OVAL OF AWARD OF CONTRACT FOR CITYWIDE LANDSCAPE MAl TENANCE, PROJECT NO. LMC 2004-05. · '7. AD PTION: OF' A RESOLUTION SUPPORTING PROPOSITION 1A - , , :CAl FO,Rr~1ANS,TO PROTECT LOCAL TAXPAYERS AND PUBLIC SAFETY. (RE ,OLUTION NO. 2004-106) , 8. APP OVAL OF RA TIFICA TION OF A CONTRACT WITH ESGIL C'O PORATION'FOR PLAN REVIEW SERVICES. . . - , 9. AD PTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FIN LMAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MA 31876, VILLA CAPRI, MAYER VILLA CAPRI, LP. (RESOLUTION NO. 200 -107) MO ION - It was moved by Council Members Sniff/Henderson to approve -the onsent Calendar as recommenqed with Item Nos. 4,7, and 9 b~ing, app oved by RESOLUTION NOS. 2004-105 t,hrough. 2004-107 respectively. , " Mot on. carried unanimously. MINUTE ORDER NO. 2004-116. BUSINESS SESSION 1. SIDERATION OF AN OLD TOWN· MURAL PROJECT. Co munity Services Director Horvitz presented the staff report. In esponse to, Council Member Henderson, Ms. Horvitz confirmed the dev loper made the request for the mural art piece, ·and understands' it will being to the City. She· then reviewed proposed locations for the mural ,.-- wit in the Old Town project. C.ity Council Minutes 4 October 5, 2004 ' In response to Council Member Henderson, Tom McGraw, the' artist, , indicated a number of arches exist in the complex where murals could be placed, and it's his understanding, that the developer intends to use other artiSts for additional murals. MOTION - It was moved by Council Members Henderson/Sniff to: 1) approve the Old Town La Quinta mural project; 2) allocate $9,461 from the Art in Public Places account; and 3) direct staff to prepare an Art Purchase Agreement. MoHon carried unanimously. MINUTE ORDER NO. 2004-'117' In response to Council Member Sniff, Assistant City Attorney Houston advised the Art Purchase Agreement will be similar to a personal property conveyance and probably include a requirement to transfer any copyright or trademark involved. Ms. Horvitz confirmed the art piece will belon'g to the· City once it is accepted by the Council, and any damages that occur· to the ~ ,.,' " art piece will be the City's rer.ponsibility to repair. . . 2. CONSIDERA TION OF A REQUEST FROM THE RIVERSIDE COlJNTY; ECONOMIC DEVELOPMENT AGENCY FOR SPONSORSHIP OF JACQUELINE COCHRAN AIR SHOW. Assistant City Manager Weiss presented the staff report. ,Cindy Davis and Kimberly Freedman, representing the Riverside County Economic Development Agency (EDA), gave a brief overview of the air show event. ", . .~4;, ~ /. ~~. ~ Council Member Henderson noted La Quinta is a member of the Joint Powers '. ,~ ·Authority (JPA) and asked for· clarification as to whether or not thàf,.rrfakes :'. I the City a participant. She also 'étsked if the event would still take ,place' . ,- without contributions from the cities. ~ .., ," ". . Ms. Davis indicated the air show would continue but not to the deg,ree they hope to attain. She confirmed all JPA members are participants in the.eventj . " . " and stated the intent in the letter' was not that they would be left off as '. sponsors. She noted the EDA is putting the event together and w'ants the' City to participate at whatever level the Council is comfortable with. " ¡ ,- Council Member Henderson stated she is glad the air show will be happenirlQ . '4 \".. \. but noted the expenditure is not in the budget. She referenced the City's commitment to the airport, and stated she feels the City's participation isa good thing. She indicated she is comfortable with the EDA's request. -------- - --~----_..- ----_. - _.~ 'City Council Minutes !;~_ October 5, 2004 L ",},: f ! , ìV tf ,.'~;C . r- Ms. Davis commented on the eduöaìtional aspect of the event. ¡ Council Member Perkins asked if this is expected to be an annual event, and Ms. Davis responded she believes so. He suggested future requests for funding be submitted during the budget process. He asked how much the City contributes to the airport annually. City Manager Genovese stated he believes the amount in the JPA agreement is $10,000. Council Member Osborne referenced the growth happening at the airport and the economic development assistance the airport provides the City. He voiced support for the funding request. In response to Council Member Sniff, Ms. Davis stated $200;000 will probably be needed to put on the event as proposed, and the costs at this time are ,a'pproximately $150,000. She wasn't sure how much will be ,. funded by the County. She indicated the one-day event for thè genera~- .: ' ",public will begin with a breakfast at 8:00 a.m. and the air show will start at ' 10:00 a.m. with up to 30 planes on display. The kickoff with the media will, ; , be held the day before. She stated the public will be encouraged' to bring lawn chairs, and there will be activities for children. - Council Member Sniff stated he agrees future requests should be presented during the budget process, and inquired about current contributions. Ms. Davis stated they have received $25,000 from the, Palm Springs Air ,Museum and $10,000 each from the Cities of Indio, Coachella, and Palm Desert . She indicated the decision to request additional sponsorships from ,the cities arose after the event grew. In response to Council Member Sniff, Mr. Genovese stated the Gen,eral Fund . is the only funding source available at this time. , Council Member Sniff stated he feels the event will be good for the Valley' but is not sure about the level of funding the City should provide. Mayor Adolph commented on the number of name changes the airport has gone through, and stated he hopes it doesn't change again. , . MOTION - It was moved by Council Members ,Osborne/Henderson to approve sponsorship of the Jacqueline Cochran Air Show in the amount of $10,000. r-- City Council Minutes 6 October 5, 2004 Council Member Perkins commented on the asset of the California Highway Patrol helicopter being based at the airport. He feels the amount is a little high but will support the motion. Motion carried unanimously. MINUTE ORDER NO. 2004-118. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Chamber of Commerce Workshop/Information Exchange Committee - Mayor Adolph reported the Chamber is now aware of their responsibilities, as outlined by the City Attorney, regarding photos of the Council appearing in The Gem and will abide by those guidelines. .'. , .- C. V. Mosquito & Vector Control District - In response to Mayor Adolph, Council Member Perkins stated no more mosquitoes with the West Nile Virus have been found in La Quinta. He added the District is pleased with the City's cooperation in addressing this issue. League of California Cities-Riverside Division - Council Member Henderson noted the legislation sponsored by the City of Indian Wells on sharing of closed session . information has passed. JPA members can now, under certain circumstances, share closed session information with their jurisdictions. San Jacinto/Santa Rosa National Monument Advisory Committee - Council Member Henderson reported the environmental documents for their work plan are out for review. She also announced the Monument's 4th anniversary celebration will be held October 23 at the visitors center on Highway 74. C \ ,¡. ,. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 3-B. SELECTION OF DATE FOR ANNUAL HOLIDAY OPEN HOUSE.· Council concurred to schedule the Holiday Open House for December, 6, 2004. - r -~. - - City Council Minutes October 5, 2004 r-- MAYOR AND COUNCIL MEMBERS' ITEMS ¡ ! Council Member Sniff requested an item be placed on the next agenda to consider , closing City Hall on December 24 and December 31 . Council Member Henderson requested the costs be included in the staff report. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7 :00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None i ì í PUBLIC HEARINGS , 1. " PUBLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-502 AND SUBDIVIDING 8.08 ACRES INTO 33 RESIDENTIAL LOTS FOR. TENTATIVE TRACT MAP 32225, FOR . THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF MADISON STREET AND AVENUE 58. APPLICANT: VINCE D' AMBRA. ,·Th Mayor declared the PUBLIC HEARING OPEN at 7:02 p.m. and noted the ap licant has requested a continuance to October 19, 2004. M TION - It was moved by Council Members Sniff/Henderson to continue th public hearing for Tentative Tract Map 32225 to October 19, 2004. M tion carried unanimously. MINUTE ORDER NO. 2004-119. 2. P BLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED N GA TIVE DECLARATION OF ENVIRONMENT AL r IMPACT FOR _. ENVIRONMENTAL ASSESSMENT 2004-513; ESTABLISHING DESIGN AND DEVELOPMENT PRINCIPLES FOR SPECIFIC PLAN 2004-072; AND SUBDIVIDING 110.9 ACRES INTO 392 SINGLE FAMILY LOTS, A 10-ACRE City Council Minutes 8 October 5, 2004 COMMERCIAL LOT, AND MISCELLANEOUS LOTS FOR TENTATIVE TRACT MAP 32398 FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF MONROE STREET AND AVENUE 60. APPLICANT: ROBERT SCHUMACHER. Mayor Adolph noted the applicant has requested a continuance to October 19, 2004. MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for Specific Plan 2004-072 and Tentative Tract Map 32398 to October 19, 2004. Motion carried unanimously. MINUTE ORDER NO. 2004-120. 3. PUBLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED, NEGA TIVE : DECLARATION OF ENVIRONM,ENT AL IMPACT FOR, ~.~.. :..~' ENVIRONMENT AL ASSESSMENT 2004-51 5, AND· SUBDIVIDING 14.54' . , . .. ACRES INTO 40 SINGLE FAMIL Y LOTS AND MISCELLANEOUS LOTS FOR TENTATIVE TRACT MAP 32742 FOR THE PROPERTY LOCATED AT 55-101 . MONROE STREET APPROXIMATELY 150 FEET SOUTH OF AVENUE 55. · APPLICANT: VILLAGE BUILDERS 98, LP. Principal Planner Sawa presented the staff report, and Associate Planner Magaña gave a brief overview of the project. : In response to Council Member Henderson, Mr. Magaña noted other projects . in the area have not been required to provide a multi-use trail on the west side of Monroe Street. , In response to Council Member Osborne, Mr . Magaña confirmed the . applicant plans to merge Lot B with Lot 1 5, and the project is conditioned to honor the easement for the property to the west. He stated the easements in Lots 11-14 are in the process of being abandoned through the Bureau of Reclamation. As for the median on Monroe Street, he stated the developer will be responsible for the maintenance. Council Member Osborne questioned how maintenance of the landscaped median will be controlled on Monroe Street since it will be done by numerous developers. . '. . Public Works Director Jonasson stated only a half-width median will be constructed at this time. - City Council Minutes +~"~'¡~~i October 5, 2004 ,â·,·, : 1,' " :; ~'~: .' I ,'" ,~~ ~ In response to Mayor Adolph, Mr:' Magaña stated no development plans have been submitted for the narrow parcel north of this project, and Avenue 5-5 is not a dedicated street in the General Plan. He confirmed Lot A is a retention basin, and there will be improvements along the westerly side of Lot C with landscaping along the frontage. Mr. Jonasson indicated Condition No. 54 requires the Monroe Street improvements to be extended beyond the subdivision boundaries to ensure the safety of travel ways. In response to Council Member Perkins, Mr. Magaña stated the intersection will be a full-turn movement. Mr. Jonasson stated he doesn't believe the street is wide enough to accommodate a merge lane. The ·Mayor declared the PUBLIC HEARING OPEN at 7:21 p.m. John.Pedalino, 78-401 Highway 111, representing the applicant, stated the lots with the easements will not be graded until the abandonment is final. He asked if the applicant is expected to obtain. right-of-way. from the property owner to the north. Mr. Jonasson explained the applicant is only required to provide a safe transition to the unimproved section of the street. - Mr. Pedalino stated he believes the property to the north can be developed with wide body lots on a single-loaded street. Jake Matthews, 121 Speer Street, Suite 250, an Francisco, of Village Builders, stated they have made numerous' attempt to purchase the property to the north without any indication from the p operty owners that they would be willing to sell. He feels it would be un air at this poi.nt for those property owners to request a postponement. Mayor Adolph commented on the right-of-way req irements, and questioned , the depth of the property to the north being suffici nt to develop. I Mr. Matthews stated they made it clear their offer as for a limited period of ' , time because of the need to prepare the proposed ract n:'ap. In response to Council Member Henderson, Assist nt ÇityAttorney Houston stated it appears the property to the north is not unusable. If the property becomes. unmarketable for financial or zoning re sons, that would be the property owners' choice and the City's action does not prejudice it. ~ Mr. Matthews indicated he was not contacted by the adjacent property owners until after this project was presented to th Planning Commission. City Council Minutes 10 October 5, 2004 Mayor Adolph asked about provisions for recreational activities for children in the project. Mr. Matthews noted the lots are large enough to accommodate pools. Mayor Adolph voiced concern about children not having a recreation area to play, and the lack of on-street parking in the cul-de-sacs. Rob Isaacs, of Village Builders, indicated the development is not marketed toward families with small children. As for parking, he stated the driveways will be large enough to accommodate guest parking, and on-street parking will be allowed on one side of the street. Mr. Pedalino stated they will put some type of recreational amenity in the· retention basin but noted the nearby Rancho Santana and .. Capistrano developments have very few families. Mayor Adolph stated he is a proponent of open space, and agrees the retention basin, if grassed, will provide a good place for recreational activity. Mr. Pedalino indicated the homes will have three-car garages and maybe even four-car garages in the cul-de-sacs. In response to Council Member Henderson, Mr. Pedalino confirmed this will be a gated community with a homeowners association. Council Member Henderson stated she agrees it's important to have 'enough parking areas for guests. In response to Council Member Perkins, Mr. Pedalino confirmed the Fire Department has reviewed the cul-de-sacs for sufficient size. Rick Morris, 51-525 Avenida Juarez, indicated he is one of the property owners of the parcel to the north, and confirmed they declined to accept the offer to purchase their property some months ago. When they inquired at the City about the project a few months ago, they were told a tract map had not been submitted, and they didn't see a notice in the mail that the project was being considered. He indicated he doesn't want to sell the property but, would like for the project to be continued to give them an opportunity to, work with the developer and staff to include the 4 ± acres to the west and their property to the north. He stated the property owner to the west has a proposal with two accesses and the proposed project would pick up two lots. _._-_._-~_._~.__...._- _.._--_._~._-- -- ------- --..-.-..- City Council Minutes ~,~;~_~~~_f$~~'¡(4r October 5, 2004 ¡ Council Member Pe'rkins asked what they have considered doing with their , parcel to the north. Mr . Morris stated they believe they can create lots, move their access in, and give their neighbor 'to the west a better access. City Attorney Houston pointed out this public hearing is for consideration of the tract map submitted by Village Builders, and a disc.ussion of the two adjacent parcels would need to take place at a duly-noticed meeting. He stated, if Council desires, it would be appropriate to continue this item and direct staff to discuss this issue with the applicant and adjacent property owners and duly notice it for a future public hearing. In response to Council Member Perkins, Mr. Matthews stated a continuance would be a hardship for them as well as the owners of the property because " ,it would affect the closing of their escrow. He stated they are willing to "meet ,with the adjacent property owners after the project is approved but noted previous attempts have been unsuccessful· because the property, owners h~~ their own plans for their properties. He noted the property , owner to the west purchased his parcel from Mr. Morris with the understanding that his access would be through Mr. Morris' property. - Council Member Perkins stated he is not suggesting Village Builders should have to delay their project but feels it would be beneficial to everyone if something could be worked out. In response to Council Member Sniff, Mr. Houston clarified any discussion of the project that includes the adjacent parcels would need to be noticed with the typical 72-hour notification and publication. He confirmed a two-week continuance would provide sufficient time for the notification. CouncH Member Sniff stated he feels it would be a mutual advantage, to all concerned, if a' comprehensive solution can be reached by continuing this item for two weeks. Council Member Henderson stated she doesn't feel a continuance would be fair to the developer. She asked what leverage would be lost if the project is approved tonight, and what flexibility would remain for the three parties to try to work something out. Mr. Matthews questioned the likeliness of being able to work something out in a two-week period since it hasn't happened over the last year. ,- Council Member Henderson stated she would like to see the property owners work something out but doesn't support a continuance. , City Council Minutes 12 October 5, 2004 Council Member Osborne spoke in favor of approving the project, and letting the property owners work it out from there. Council Member Sniff spoke in support of a two-week continuance. Council Member Henderson asked if staff feels the properties can be appropriately developed separately without a pre-agreement, to which Mr. Sawa responded, uYes." He pointed out a two-week continuance would not be sufficient time to add the adjacent property to this project because it would require further environmental review. Manny Abarca, 50-735 Calle Quinta, explained he declined Mr. Matthews' offer to purchase his property several months ago because he had a verbal agreement with the property to the west (Mr. Ledita) that they would not sell their parcel for three years. He agreed to present Mr. Matthew's offer to Mr. Ledita and suggested they get together. He now feels if Mr. Lèdita~s .- plans have changed, that the property owners should get together and make a decision. He indicated he prefers not requesting a variance to allow 7,200 square foot lots but would not be opposed to it if 'something else can't be worked out. Mark Ledita, 77-682 Country Club Drive, Palm Desert, stated he asked Mr. Matthews to show him a plan of what they propose but never received it. He indicated he received a notice for the City Council meeting but not the Planning Commission meeting, and understands Mr. Morris did not receive a notice. He stated his engineer is prepared to show a map that he feels will work better for everyone involved. Mr. Houston advised such a presentation would not be appropriate since the adjacent properties were not part of the public hearing notice. Curt Saxon, 1030 Calle Sumbra, San Clemente, indicated the map referenced by Mr. Levita is very similar to the proposed project but with two additional lots. Mr. Matthews indicated Village Builders has not seen the map referenced by Mr. Levita. He also commented on the noticing process being done properly. There being, no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:10p.m. Council Member Sniff spoke in support of a two-week continuance to give' everyone an opportunity to come up with a solution. - _.._. ...-......-. ...- - ~----'-'------'-- ----"-- City Council Minutes ;Ii~;"~,i¡~jl~t .,< October 5, 2004 ~iI .. .:{~{.l¡~'".,-;~:~,'::\.,,~::-, {.. ~,J+ {'~ j t " ,.....- I I Council Member Osborne questioned a continuance being beneficial. ¡ Mr. Houston advised continuing this for a new project would trigger CEQA requirements for resubmitting a Negative Declaration. He noted an approval of the tract map would not prohibit the applicant from negotiating with the other property owners, canceling this tract map, and submitting a new one. Council Member Perkins stated he doesn't feel there is sufficient justification to delay the project but hopes the developer and property owners understand the Council's concerns and will try to work this out. . Council Member Henderson noted most continuances have a positive result. However, she feels it' s appropriate to move forward with the project at this ; time. She also feels it would be highly inappropriate if the developer and, property owners don't sit down and discuss this together. .:., i,: , In response to Council Member Sniff , Mr. Houston explained adding the adjacent property to the proposed tract map would require submitting a new tract map with all of the CEQA requirements. - In response to Council Member Perkins, Mr. Houston stated there appears to be an access easement, as required by State law, across the ... northerly portion of the two lots, and it would not affect the proposed tract map. Mayor Adolph stated he understands the applicant's need to move forward but is concerned about creating an albatross with the adjoining property. In response to Mayor Adolph, Mr. Jonasson stated a 40-foot wide easement should be sufficient to accommodate a private street. He didn~t know what ." the minimum setback would be from the wall for a private street but didn't think it was 15 feet. Mayor Adolph noted the street width and right-of-way will reduce the property from 1 65 feet to approximately 1 00 feet, making it. difficult to develop with single family lots. He hates to see this project approved without taking the opportunity to try to resolve the issue with the adjoining properties. In response to Council Member Henderson, Mr. Jonasson stated the streets . in Old T ow~ have a curb-to-curb width of 28 feet. He indicated the 40-foot - width refer~nced for the property to the north would include parkways on both sides df the street. · City Council Minutes 14 October 5, 2004 Mayor Adolph stated he feels a 6-foot-wide parkway is insufficient to meet City Code. Council Member Henderson noted the street would be a private street in a gated community. Mayor Adolph stated he is torn between the needs of the applicant and what will be created if the proposed tract is approved. Council Member Sniff asked if it could be considered a IItaking" if approval of this project makes it extremely difficult, or impossible, to develop the property to the north and west. Mr. Houston stated it's not a concern, in his opinion, because the Supreme Court's definition of a non-possessory taking is lIa total depravation of all economically-viable use." He noted the Council is spending a lot of time on this issue and not acting arbitrarily. Additionally 1 it appears the main: concern is property access, which is currently permitted by an easement that could function as a private road. Council Member Sniff noted the street width information received from the Public Works Director was not definite. RESOLUTION NO. 2004-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP 32742 (VILLAGE BUILDERS 98). It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2004-108 as submitted. Council Member Perkins stated he feels the motion is proper under the circumstances and will support it. Mayor Adolph stated he will support the motion but feels the resulting situation with the property to the north is poor planning. Motion carried with Council Member Sniff voting NO. -.- ------- -_._~ - -., .-- -.----. ~- City Council Minutes October 5, 2004 r-- RESOLUTION NO. 2004-109 ¡ ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 14.54± ACRES I.NTO 40 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 32742 - VILLAGE BUILDERS 98, LP). It 'was moved by Council Members Osborne/Henderson to adopt Resolution No. 2004-109 as submitted. Motion carried with Council Member Sniff voting NO. 4. PUBLIC HEARING TO ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 2003-006 BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT· LA QUINTA LLC TO ALLOW .THE DEVELOPER TO PERMITLENNAR HOMES. OF CALIFORNIA INC TO PARTICIPATE IN THE LLC AND UNDERTAKE THE l' I( . . CASITAS AND SANCTUARY VILLAS COMPONENTS OF THE PROJECT FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET. APPLICANT: CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA LLC. - . City Manager Genovese presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 8:30 p.m. Richard Oliphant, 45-500 Navajo Road, Indian Wells, stated the project is ready to move forward as soon as the Development Agreement is approved and the grading plan completes plan check. There being no other requests to speak, the Mayor declared the PUBLIC . HEARING CLOSED at 8:32 p.m. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 409 by title and number only and waive ,further reading. Motion carried unanimously. ORDINANCE NO. 409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT - AGREEMENT 2003-006 BY AND BETWEEN THE CITY OF LA QUINTA AND' CP DEVELOPMENT LA QUINTA LLC. City Council Minutes 16 October 5, 2004 It was moved by Council Members Sniff/Henderson to introduce Ordinance , No. 409 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None The Council recessed into joint session with the Redevelopment Agency. 5. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL' PROPERTY LOCATED AT 53-195 AVENIDA ALVARADO BY AND BETWEEN THE LA,QUINTA REDEVELOPMENT AGENCY AND FRANCISCO NUNEZ AND, '. r.nARIA MACIAS. City Manager Genovese presented the staff report. In response to Council Member Perkins, Mr. Genovese confirmed the unit has been rehabilitated and is in good condition. , The Mayor declared the PUBLIC HEARING OPEN. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION - It was moved by Council Members Sniff/Henderson to approve the sale of 53-1 95 A venida Alvarado to maintain an affordable housing unit' in Project Area No. 1 for a purchase price of $165,000. Motion carried unanimously. MINUTE ORDER NO. 2004-121. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Osborne' to adjourn. Motion carried unanimously. Respectfully submitted, ~ J2/J.~ JUNE S. GREEK, City Clerk City of La Quinta, California - --_._~_.------_.._--------- -~ -_._-_..~ - .- -. - --- -