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2005 01 04 CC Minutes ~ LA QUINTA CITY COUNCIL MINUTES JANUARY 4, 2005 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: ABSENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with 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 real property known as Parcels 1, 2, and 3 of Parcel 29909 located at the northwest corner of Calle Tampico and Desert Club Drive. Property Owner/Negotiators: Santa Rosa Plaza, LLC and Embassy Suites La Quinta. r- 2. Conference with City's legal counsel regarding pending litigation - Coachella Valley Water District v. City of La Quinta, Riverside Superior Court Case No. INCO 10827, pursuant to Government Code Section 54956 .9(a). Council recessed to the Redevelopment Agency and . to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Bob Alcala, 51-470 A venida Carranza, representing Friends of the La Quinta Senior Center, asked if the rumor about the Senior Center being changed to a community center is true. He referenced several changes at the Senior Center recently such as flu shots not being provided, and the lack of monthly birthday cakes for the exercise class and cookies and coffee for the bridge games. He stated it seems as City Council Minutes 2 January 4, 2005 though those currently running the Senior Center do not see what needs to be done. He questioned why the Senior Center is a for-profit facility, and why seniors had to pay for Thanksgiving and Christmas luncheons that were donated by Desert Cities Catering. He noted some of the seniors couldn't participate in the luncheons because they couldn't afford it. Mayor Adolph referenced a letter he received from the Soroptimist voicing some of the same concerns, and stated he has asked the City Manager to send them a response. He added he has heard no discussion about changing the Senior Center to a community center. City Manager Genovese concurred, and stated he doesn't know where the rumor started. . Mayor Adolph suggested Mr. Alcala meet with the City Manager to try to resolve some of the other issues. Council Member Sniff stated the idea of changing the Senior Center to a community center is foreign to him, and he feels the for-profit idea is absurd. He noted some of the Senior Center staff are out on medical leave but he is sure the City Manager will deal with the various issues to return the facility to normalcy. CONFIRMATION OF AGENDA Council Member Osborne requested Consent Item No. 6 be taken up for a separate vote due to a potential conflict of interest. Council Member Henderson indicated she would like to add a brief discussion under Mayor and Council Members' Items. ANNOUNCEMENTS - None PRESENTATIONS City Manager Genovese introduced the City's new Police Chief Walt Meyer, who indicated he is looking forward to working with the City. WRITTEN COMMUNICATIONS - None -""----' ~~- ------------- _._-~- City Council Minutes 3 January 4, 2005 ~ ¡ APPROVAL OF MINUTES I MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of December 21 , 2005, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 4, 2005. 2. AUTHORIZATION TO REJECT ALL BIDS FOR THE INTERACTIVE WATER FEATURE PROJECT. 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31681-1, CORAL MOUNTAIN AT ANDALUSIA, CORAL OPTION I, LLC. (RESOLUTION NO. 2005-001) 4. ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) FOR A SB 1346 RÜBBERIZED ASPHALT CONCRETE GRANT FOR FISCAL YEAR 2004/2005. (RESOLUTION NO. 2005-002) 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE CALIFORNIA SOCIETY MUNICIPAL FINANCE OFFICERS (CSMFO) 2005 ANNUAL CONFERENCE IN BURLINGAME, CALIFORNIA, FEBRUARY 22-25, 2005. 6.. APPROVAL OF A 'PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING FOR ON-CALL PLAN CHECK SERVICES. (See separate action below. ) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 6 and with Item Nos. 3 and 4 being approved by RESOLUTION NOS. 2005-001 through 2005-002 respectively. Motion carried unanimously. MINUTE ORDER NO. 2005-01. ~ City Council Minutes 4 January 4, 2005 Item No.6: MOTION - It was moved by Council Members Sniff/Henderson to approve the Professional Services Agreement with NAI Consulting for on-call plan check services. Motion carried with Council Member Osborne ABSTAINING. MINUTE ORDER NO. 2005-02. BUSINESS SESSION 1. CONSIDERATION OF REQUEST FOR APPROPRIATION FROM PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY (PSDRCV A). City Manager Genovese presented the staff report. In response to Council Member Sniff, Mr. Genovese stated he isn't sure about the alphabetical listing but La Ouinta will be included on the sign. He indicated he hasn't heard of any city not participating, and that the sign design will be provided to Council as the project moves forward. Mayor Adolph referenced the amount of funding La Ouinta provides to PSDRCV A, including $5,000 for the New Years Day float. Mr. Genovese stated the funding for the float has not been released and may have to come back to Council for approval. Mayor Adolph stated he understood La Ouinta's name would be on the float but didn't see it. He would like to know if the name was on the float and if PSDRCV A gave any money toward the float. Council Member Sniff stated he ,recalls the funding being contingent on the City's name being on the float and the organization being able to raise the remaining funds. Council Member Henderson pointed out it was the elected officials who represent the various jurisdictions on the PSDRCV A that thought the signage was a good idea and made the request. It's an attempt to address the issue of the existing sign that doesn't list the individual city names. She added Coach ell a is not a member of PSDRCV A but will be included on the sign, and although they are not obligated to participate in the funding, she expects they will. She further noted it was the elected officials who voted to participate in the float, and it's her understanding that all nine cities would ~."._~..- - ~--_.----_._.- _.- ----------.-- ---...----- City Council Minutes January 4, 2005 ~ be included in the text for the television air time but that the names were not on the float. MOTION - It was moved by Council Members Henderson/Sniff to appropriate funds from the General Fund Reserves in an amount not to exceed $ 3,500 for La Quinta's proportionate share of the cost of signage at the Palm Springs International Airport on Gene Autry Trail and Ramon Road and at Gene Autry ~rail and Highway 111. Council Member Perkins spoke in support of the signs. Council concurred. Motion carried unanimously. MINUTE ORDER NO. 2005-03. '2~ CONSIDERATION OF CITY COUNCIL REORGANIZATION. There were no changes to the staff report as. submitted and on file in the City Clerks Office. Council Member Perkins requested this item be taken up jointly with the Redevelopment Agency reorganization. ,.....-. At this time the Council convened in joint session with the Redevelopment Agency. Council Member Perkins noted all three positions have been filled by the same people for three years. He suggested Council Member Osborne be nominated as Chairman of the Redevelopment Agency and Council Member Sniff as Vice Chairman, and that Council Member Henderson be nominated as Mayor Pro Tem. Council Member Henderson stated she would be uncomfortable taking the Mayor Pro Tern position at this time because it can involve ceremonial public appearance responsibilities, and her recent appointment as Second Vice Chair on the Riverside County Transportation Commission will require a number of meetings and some travel. She noted the Mayor Pro Tem and Chair appointments for the last three years were made by the Council and/or Agency and not at the request of those appointed to those positions. She stated she feels Council Member Sniff has done a great job as Mayor Pro Tem, and that she doesn't· have a problem with Council Member Osborne being appointed as Chairman of the Redevelopment Agency. Council Member Osborne stated he would accept the position as Chairman and support Council Member Sniff as Mayor Pro T em. City Council Minutes 6 January 4, 2005 MOTION - It was moved by Council Members Osborne/Henderson to select Council Member Sniff to serve as Mayor Pro Tern for a sixth one-year term. Motion carried unanimously. MINUTE ORDER NO. 2005-04. 3. CONSIDERATION OF CITY COUNCIL STANDING APPOINTMENTS. COMMITTEE There were no changes to the staff report as submitted and on file in the City Clerks Office Mayor Adolph suggested retaining the current appointments. Council concurred. MOTION - It was moved by Council Members Sniff/Osborne to retain the current City Council committee appointments. Motion carried unanimously. MINUTE ORDER NO. 2005-05. 4. SECOND READING OF ORDINANCE NO. 412. ORDINANCE NO. 412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 2.04.115 RELATING TO APPLICATION FOR WAIVER OF CITY APPEAL FEES. It was moved by Council Members Sniff/Henderson to adopt Ordinance No.. 412 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: STUDY SESSION 1 . DISCUSSION REGARDING TRAIL ISSUES IN CONNECTION WITH THE TRAVERTINE PROJECT - AVENUE 62 AND JEFFERSON/MARTINEZ SLIDE AREA. Principal Planner Baker presented the staff report. ~ ..~~------- -_.~..._._- .- City Council Minutes 7 January 4, 2005 ~ ¡ I I City Attorney Jenson noted the Travertine project is conditioned to provide trail access to the mountains but the trails outlined in the City's General Plan that go through Section 5 are a biological concern to United States Fish & Wildlife Service (USFWS). Travertine is going through the Federal permit process, and the City has been brought into the consultation because of its jurisdiction over the trails and the City-imposed conditions on the project. In response to Mayor Adolph, Ms. Jenson confirmed the Travertine Specific Plan was approved by Council in 1995 and amended in 1999. The purpose of the study session is to find out how the Council feels about rerouting the trails to avoid Section 5 and restricting access to the Martinez Slide. She stated C. V. Recreation & Park District has worked on the trail system but is not present at today's meeting. Council Member Henderson stated she understands the conditions imposed . on the Specific Plan are in conflict with USFWS's desires for the area, and that the developer is trying to find a compromise. - In response to Council Member Sniff, Mr. Baker reviewed a map showing the location of Sections 4 and 5, the project boundaries, the Martinez Slide, and the trails going through the project. Ms. Jenson advised the trails through the project are shown on the General Plan Map but do not currently exist. Steven DeLateur, 74-770 Highway 111, Indian Wells, attorney representing the Travertine project, presented a summary of the proposed trail plan, and noted a connecting trail will be created to connect the dike trail to the Boo Hoff Trail, with a tunnel under Jefferson Street. The developer shares USFWS's concern that unregulated access to the slide area would be harmful to the Big Horn Sheep, and proposes the lead agency have controlled access to the area through licensed tour guides during appropriate times of the year. He noted controlled access would eliminate graffiti, protect the safety of the public in the rockslide area, and assist with conservation of the Big Horn Sheep. . In response to Council Member Osborne, Mr. DeLateur stated he is not aware of any injuries being reported in the slide area. He doesn't believe the project. will create more traffic than the potential trail because passive restraints will be used, as well as golf course rangers to monitor the area. He feels moving the trails will eliminate unauthorized hiking in the private property area. City Council Minutes 8 January 4, 2005 Council Member Henderson asked about the buffer zone, and how controlled access will work if the golf course extends to the base of the slide area. Mr. DeLateur stated the project is required to maintain a 200-foot buffer zone around the slide area but it can be used as part of the golf course. He stated some of the golf holes will be moved north from the southwest and southeast corners of the slide area, and an access trail will be developed for the tour operators to use that will not impact the wildlife nor the private property owners adjacent to the Federal land. Council Member Henderson asked if the private property in Section 5 would be landlocked. Mr. DeLateur indicated there are 20 to 30 different landowners in that area. Ms. Jenson advised no development plans have been approved for that area, ' which is subdivided into long, narrow lots, but access would be through the extensions of Jefferson Street and Avenue 62. Mr. DeLateur stated they plan to extend Jefferson Street to the edge of the Green property. Madison Street is the project's primary access but they may build Jefferson Street all the way out to accommodate their project. Council Member Henderson inquired about the type of passive restraints they intend to use to restrict access to the trails. Mr. DeLateur indicated that hasn't been decided yet, and they are open to suggestions. In response to Mayor Adolph, Mr. DeLateur confirmed a 200-foot natural buffer will exist at the base of the slide in addition to 400 feet of golf course buffer. He indicated an alternative to a trail on the top of the dike would b~ a trail at the base. Council Member Osborne commented on there being traffic in Section 5 even if the trails are removed because of the private prope~ty there. Council Member Henderson noted there won't be traffic unless the landowners are able to get a project approved through the City and permits issued from USFWS. In response to Council Member Osborne, Mr. DeLateur indicated his safety concerns for the slide area were related to inexperienced hikers getting injured. ------------------------- City Council Minutes 9 January 4, 2005 ~ Peter Sorenson, representing USFWS, commented on the number of considerations being addressed for this area, and the -need to work out the concepts in more detail. Regarding the buffer zone at the base of the slide, they've had discussions with the developer about scaling back the development from the slide area to provide mitigation for the Big Horn Sheep. He added building multiple new trails through that area would be a concern to them. In response to Council Member Sniff, Mr. Sorenson stated the area they have negotiated with Travertine not to develop is approximately 150 acres. Council Member Osborne asked if there are any Big Horn Sheep in Section 5, to which Mr. Sorenson responded, "Yes." In response to Council Member Henderson, Mr. Sorenson stated the Big Horn Sheep in this area have been poorly studied. The herd has probably the smallest percentage of radio collars, and is 5-10% of the overall herd numbers. He indicated they have a very rudimentary understanding of how the sheep are using this area. ~ In response to Council Member Sniff, Mr. Sorenson stated the sheep are very territorial and usually stay within a 300-600-acre area. Mayor Adolph asked about the number of sheep in this area. Mr. Sorenson sta~ed they have population estimates for the overall herd but not for this particular area since so few have radio collars. In response to Council Member Sniff, Mr. Sorenson stated the last census shows the sheep population has grown over the last 5-6 years and has doubled since 1995. Council Member Osborne asked if the Boo Hoff Trail has ever been a problem for the Big Horn Sheep, and if a hiking permit is required on that trail. Mr. Sorenson stated the trail transects an important sheep habitat that the Multi-Species Habitat Plan (MSHP) addresses with some specific management procedures to obtain a balance. He didn't know whether or not a permit is required on the Boo Hoff Trail. Council Member Sniff asked if he generally agrees with Mr. Delateur's presentation, to which Mr. Sorenson responded, "Yes." City Council Minutes 10 January 4, 2005 Council Member Henderson asked if the trail on top or at the bottom of the dike would follow the MSHP compromise for that area. Mr. Sorenson stated he doesn't believe the trail is specifically addressed In the MSHP but it should be compatible. Council Member Henderson referenced her work on the trail system through the San Jacinto/Santa Rosa National Monument Advisory Committee, and noted it's difficult to reach an end to the trails issue because of some that are still trying to make adjustments. She asked if the dike trail is acceptable to USFWS. Mr. Sorenson confirmed the trail on top or at the bottom of the dike would be acceptable to them. He indicated the connector trail is a new concept but he feels it generally makes sense. Council Member Henderson asked if any other agencies are present to participate in the discussions. Mr. DeLateur indicated BLM has declined to participate in the study session because the comment period for the MSHP is still pending. He added CVRPD has also declined to participate in the discussion. Ms. Jenson noted the Riverside County Trails Commission has an interest in this issue. Mr. Sorenson pointed out the Bureau of Reclamation (BOR) has jurisdiction over the dike, and BLM has jurisdiction over Section 32. Mr. DeLateur stated Travertine has several applications pending with both BLM and BOR but BLM is the lead agency. Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa, indicated she is speaking on her own behalf as well as representing the Riverside County Trails Commission under District Supervisor Wilson. She feels the concept of preservation of wildlife and the mountains is being encroached upon by humans, and noted the trails in the mountains have been used for hundreds of years by both animals and humans. She stated she is not aware of any specific accidents and/or problems occurring on these trails, and is not informed of any issue regarding lambing problems with the Big Horn Sheep. She noted sheep are not familiar with walls, golf carts, disposal trucks, and lawn equipment, and there's no scientific evidence that they are afraid of a mounted rider on a trail. She noted the Big Horn Sheep and horses are both non-predatory animals. She feels it's humans who, want to take away -..-..- ~-----_.- -~_...- City Council Minutes 11 January 4, 2005 nature's given order to have the area for their own use, that are the predators. She pointed out the Martinez Slide is one of only two such presentations of nature in North America. She believes it's a travesty for the Travertine project to be at the base of the slide that should be preserved for everyone. She doesn't believe the existing trails have been a problem, and noted the construction of homes in this area will destroy what the animals have known for years. Council Member Henderson asked what existing trails she uses in this area. Ms. Cady stated she uses the trails indicated on the General Plan Map in the triangle area. She wasn't aware the area is private land. Council Member Henderson asked if USFWS has plans to monitor these trails. Mr. Sorenson indicated they don't have enough personnel to monitor the trails but when the MSHP is approved, they will assist the other agencies in developing a way to monitor trail use. r-- Katie Barrows, 53-298 A venida Montezuma, stated she is speaking as a private citizen and not a representative of C. V. Mountains Conservancy due to the public comment period for the MSHP still being open. She noted the purpose of the buffer zone was to create a setback for the Big Horn Sheep habitat and provide open space between the Martinez Slide and San Jacinto/Santa Rosa National Monument and existing development. She feels it's important to maintain that condition of approval, and to provide access to the slide area. , Council Member Henderson asked how she feels about guided tours to the slide area. Ms. Barrows agreed that would provide an opportunity for people 'in a group but she isn't sure if it would offer an appropriate opportunity for individuals. Betty Mangan Smith, 82-470 Avenue 54, Vista Santa Rosa, 'member of Desert Riders, commented on the number of years people have ridden and hiked in the canyon, and how the canyon changes after each heavy rainstorm. She voiced surprise that the developer wants to build houses· in an area that is uphill from the dike. She believes animals recognize other animals, and that motorized vehicles disturb the Big Horn Sheep. -- Council Member Osborne asked how she feels about the dike trail proposal. City Council Minutes 12 January 4, 2005 Ms. Smith stated she feels a trail at the bottom would be safer because the top of the dike is a road. In response to Council Member Henderson, Mr. DeLateur confirmed the dike is 10-1 5 feet wide but is blocked off to vehicular traffic. Mr. Baker indicated the maintenance road gets minimal use. Catherine Grimes, 245 Green Mountain Drive, Palm Desert, indicated she rides five or six days a week in this area by accessing the equestrian trail in front of the Trilogy project. She commented on the narrowness of the equestrian trails and the danger of getting hit with golf balls. She feels IIpeople traffic" may destroy the integrity of the Santa Rosa Wilderness eco- system, and that Big Horn Sheep are not afraid of horses. She believes the dike trail would be dangerous if used jointly by horses, hikers, and bicyclists. She commented on horses not liking to go through tunnels, and questioned the meaning of passive restraints. Council Member Henderson noted passive restraints could be something as simple as boulders to restrict vehicle access. Chuck Nesbit, 2439 S. Calle Polo Fiero, Palm Springs, representing Coachella Valley Desert Trails Coalition, referenced a trails plan meeting to be held at the City of Palm Desert on January 24th where the public will have an opportunity to present their views on the MSHP trails plan. He stated it appears Travetine's attorney is in concert with USFWS, and suggested Council request both of them to provide scientific evidence supporting their contention that recreational use of this area interferes with the recovery of Big Horn Sheep. He stated the Boo Hoff and Bear Ridge Trails are both scheduled to be closed to hiking except by permit, which will affect access to the Guadalupe Trail. He noted the Big Horn Sheep population in nine recovery regions is at record height with an increase from 296 to 668 sheep over the last eight years. He pointed out the sheep are approaching the target range of 750 for recovery, without any restriction on the trails. Council Member Osborne asked if the riding groups have been asked about the proposed dike trail, to which Mr. Nesbit responded, IINo." He added it's not clear to him why the trail mitigates anything and what the exchange or tradeoff is. Council Member Henderson pointed out the compromise allows the project to move forward. Mr. Nesbit stated he learned about the trail only 24 hours ago. -.--.-...... --------,.... --_..... ..,-.-- City Council Minutes 13 January 4, 2005 I " , In response to Council Member Henderson, Ms. Jenson stated the trail was mentioned at preliminary meetings two years ago. Council Member Osborne Questioned why the riders weren't asked about the proposed trail. Ms. Cady stated she discussed the trail with CVRPD representatives approximately three years ago. She added CVRPD has acquired 620 acres along the base of the Santa Rosa Mountains where they plan to put in a nature museum and provide nature hikes. Dan Novey, Riverside County Parks Trails Coordinator, stated the trails in this area that are shown in the City's General Plan, are also in the County's General Plan. He indicated the County has invested a lot of money in equestrian facilities at Lake Cahuilla and plans to expand it. Their interest in this trail is based on the desire to maximize trail opportunities for park users. Council Member Henderson asked if the County plans to move forward with their plans to develop the trails in the triangular area even though the other agencies are saying no. - Mr. Novey stated he knows the County desires to maintain as much trail opportunity as possible and will do whatever they can to maintain it. He added the trail has been in the County's General Plan since, at least, 1986. Council Member Henderson noted the trail system was included in the City's General Plan before the City was aware of any sheep issues. She asked if the newly-adopted General Plan includes any mitigation measures related to this trail system. Ms. Jenson advised there are no specific mitigation measures for the trails, in terms of wildlife issues. She added it's more of the trails being mitigated to provide recreational opportunities. Council Member Henderson stated she is impressed with the number of agencies working together on this issue. She isn't totally satisfied with, the proposal for guided tours to the slide area, and would like to find out what other access to the area is proposed under the MSHP. She inquired about the project's approved density and what the developer is currently looking at. - Mr. DeLateur indicated the project is approved for 2,300 units, two 18-hole golf courses, a 500-room hotel and tennis complex, and a 1 a-acre City Council Minutes 14 January 4, 2005 neighborhood commercial center. As a result of mitigation measures worked out with the Federal agencies, the project has been downsized substantially to 1 ,475 units and only 27 holes of golf. He stated the golf course rangers are not trail monitors but will ensure non-golfers are not on the golf course or traveling through the golf course to access the mountains. Travertine has agreed to pay $500,000 to one of the Federal Agencies over a period of years for research projects, global position collars,' and the hiring of more trail monitors. They are also contributing $2 million toward acquisition of land to be determined by the Federal agencies. Council Member Henderson asked if Travertine will be contributing anything toward development of the dike trail. Mr. OeLateur indicated no funding has been requested but they do want to be good neighbors. Council Member Henderson stated she feels the developer should be willing to participate in a substitute trail if the trail at the base of the slide is not allowed. Mr. DeLateur agreed, and indicated they have discussed putting an equestrian trail at the base of the dike. Council Member Henderson asked if they have considered any alternatives to a tunnel under Jefferson Street. Mr. OeLateur indicated their initial concept was to cross over Jefferson Street but were concerned about mixing vehicular traffic and horses. He stated he wasn't aware that tunnels are a problem with horses, and doesn't believe it's a barrier to having a successful link between the park trail and. the Boo Hoff Trail. In response to Council Member Osborne, Mr. DeLateur stated he doesn't feel it makes sense for a conservation area to have trails. He indicated the California Oepartment of Fish & Game (CDFG) will be the active trail monitoring agency, and that the project would have needed their approval even if the critical habitat hadn't been an issue because the specific plan requires a habitat conservation plan. In response to Council Member Osborne, Mr. Sorenson stated the sheep tend to stay away from areas that are disturbed too much by humans. Therefore, he feels caution suggests it's better to find an alternative location for the trail if the focus of the area is going to be for sheep management. _.~._----- --.--..--....- - City Council Minutes 15 January 4, 2005 Council Member Osborne asked if they are concerned the existing trail will result in a decrease in sheep even though the number has increased with the trail being used. Mr. Sorenson stated he believes volunteer management of the trails over recent years has resulted in a decline of use. In response to Council Member Osborne, Mr. DeLateur stated it hasn't been decided which agency will receive the $2 million for land acquisition, nor who will control the land. Travertine may purchase the land, and it may be controlled by a joint powers authority or existing land management entity. Council Member Sniff asked what the developer is requesting at this time. Mr. DeLateur stated they need specific direction on how the Council feels about the trails in order to come back with a specific proposal that will meet their obligations to the Federal agencies and the City. Council Member Sniff stated it appears the developer needs to come up with a trail plan that will accommodate some of the concerns voiced today. Mr. DeLateur stated they will try to address the concerns but if some of the people don't want the trails moved and that conflicts with what USFWS wants, then a stand-off will continue to exist. Council Member Henderson noted people will still be able to access the triangular area if the dike trail and connector trail are created. Since that area belongs to BLM, use of it would be between BLM and those that access the area, just as it has been in the past. She has concerns about access to the slide being too limited and would prefer a broader perspective. She suggested the possibility of utilizing P~id permits instead of guided tours. She is not particularly pleased with the tunnel, and would like a little more thought on that. She prefers putting t e equestrian trail at the base of the dike instead of the top, and would like to see söme financial participation by the developer to ensure that the dike trail becomes a reality. Mr. DeLateur indicated he is willing to meet with the people present today if they will provide him contact information. Ms. Jenson asked if there was any further direction to staff. r-- Council Member Osborne stated he agrees with Council Member Henderson's comments. City Council Minutes 16 January 4, 2005 Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Tricia Ryan, 44-265 Via Coronado, submitted a letter regarding a number of burglaries she and her neighbors have experienced over the last several months. She would like to know what the crime rate is; are the criminals being prosecuted; should there be a police blotter in the newspaper; and are the officers spread too thin to cover the area. She would like some information on neighborhood watch programs and is willing to participate in efforts to combat the crime problem. She stated she was told by a deputy that th'e lack of street lights is a contributing factor to the crime rate. Mayor Adolph asked the City Manager to give Ms. Ryan's contact information to Police Chief Meyer. * * * * * * * * * * * Nicholas Murray, 49-720 Rancho San Felipe, inquired about the Council's feelings on the Multi-Species Habitat Plan (MSHP). Council Member Henderson informed him the Council will be discussing that at a study session in the near future, and noted today's discussion during the study session included some of the MSHP issues. City Manager Genovese confirmed the study session will be scheduled within the next few months. Mayor Adolph encouraged Mr. Murray to leave his contact information so staff can notify him when the item is on the agenda. PRESENTATIONS - None - -_. -. ---- -.- - ----~--,--_. -- City Council Minutes 17 January 4, 2005 PUBLIC HEARINGS 1 . CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2004-526; 2) GENERAL PLAN AMENDMENT 2004-103 AND ZONE CHANGE 2004-122 TO REPLACE 159± ACRES OF LAND DESIGNATED VERY-LOW DENSITY RESIDENTIAL WITH A LOW-DENSITY RESIDENTIAL DESIGNATION; 3) GRIFFIN RANCH SPECIFIC PLAN 2004-074 FOR DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR 303 RESIDENTIAL UNITS; AND 4) TENTATIVE TRACT MAP 32879 TO SUBDIVIDE 199± ACRES INTO 303 RESIDENTIAL LOTS AND OTHER AMENITY LOTS FOR THE PROPERTY LOCATED ALONG THE SOUTH SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH SIDE OF AVENUE 55 ALIGNMENT, AND % ± MILE WEST OF MONROE STREET. APPLICANT: TRANSWEST HOUSING. Principal Planner Baker presented the staff report, and Associate Planner Nesbit provided a brief overview of the project. In response to Council Member Osborne, Mr. Nesbit stated the landscape setback on Avenue 54 is 1 0 feet, and there will some berming on Avenue 54. Council Member Henderson stated she understands there will be a six-foot high wall on a two-foot high berm. In response to Council Member Sniff, Mr. Nesbit stated the main entrance on Madison Street will have a guarded gate, and the two entries on Avenue 54 will be card gates only. Council Member Henderson asked for a clarification on the General Plan and Zoning designations. City Attorney Jenson advised the overall number of units will be controlled by the General Plan designation of Very-Low Density Residential (RVL) but the zoning designation creates more flexibility in the lot sizes. Mr. Nesbit explained staff feels Low Density Residential (RL) might bea better zoning designation if the Specific Plan is abandoned and the project is not built because it would provide more flexibility to a future developer. Council Member Perkins asked if the change would increase the number of u,nits allowed on the property, to which Mr. Nesbit responded, "No." He City Council Minutes 18 January 4, 2005 also asked about the stacking capacity at the guard gate on Madison Street, and about the re-designation of Madison Street as a primary arterial. Public Works Director Jonasson indicated staff is comfortable with downsizing Madison Street to a primary arterial because the properties have come in at lower densities than previously shown on the General Plan. He stated the minimum stacking capacity at the guard gate is three vehicles. Council Member Perkins noted the stacking capacity at Rancho La Quinta on Washington Street is not enough, and asked staff to make sure there is sufficient stacking for this project. He also asked about deceleration and acceleration lanes. Regarding deceleration lanes, Mr. Jonasson stated the developer is required to look at the number of turning movements during peak hours but the City doesn't have a policy for requiring acceleration lanes. In response to Mayor Adolph, Mr. Jonasson stated all of the entries will be full-turn movements. Mr. Nesbit indicated a multi-use trail is not required on Avenue 54. Mayor Adolph voiced safety concerns about the lack of a median for turn lanes on Avenue 54 between Madison Street and Monroe Street. Mr. Jonasson advised medians are not required on secondary arterials, and Avenue 54, at Madison Street, was changed to a secondary arterial as part of the last General Plan amendment, based on anticipated traffic volumes. He noted a painted median will be provided for left-turn pockets. Assistant City Engineer Speer indicated the secondary arterial standard is similar to Adams Street, north of Highway 111 - two lanes in each direction separated by a painted median. Mayor Adolph stated he still has safety concerns because of the traffic speeds on Avenue 54. The Mayor declared the PUBLIC HEARING OPEN at 7:49 p.m. Merv Griffin asked for clarification on the safety concerns about Avenue 54. Mayor Adolph noted traffic on Avenue 54 will increase when this project and the property across the street is developed. He is concerned about traffic from those projects trying to enter Avenue 54 with traffic flowing in a perpendicular direction. ----------.. -- City Council Minutes 19 January 4, 2005 Mr. Griffin provided a brief background of the project, and indicated they interviewed several developers before selecting Transwest Housing and McComic Consolidated. Barry McComic, 47-120 Dune Palms Road, President of Transwest Housing, stated Mr. Griffin will maintain ownership and an active role in the project. He then reviewed various aspects of the project as it relates to being equestrian-oriented. Marvin Roos, of Mainiero Smith & Associates, indicated the stacking area at the guard gate will accommodate approximately 20 vehicles. They are proposing a deceleration lane, and a right-turn only lane into the project. In reference to the General Plan and Zoning designations, he explained the Specific Plan is the development code for the project. The zoning creates the flexibility but is somewhat irrelevant, as long as the project is consistent with the General Plan, which creates the cap. Mayor Adolph asked if the retention basin would be grassed, to which Mr. Roos responded, lIVes." In response to Council Member Sniff, Mr. Roos reviewed drainage for the project, and stated water services will be provided by CVWD. Council Member Osborne inquired about the setbacks and berming along Avenue 54 and Madison Street. Mr. Roos stated the distance from the curb to the wall will be approximately 36 feet, with any elevation changes not being over 2-3 feet. Council Member Perkins voiced support for the project, and indicated his concerns about the traffic have been answered. Council Member Henderson asked if the Madison Street extension to the north will be four lanes, to which Mr. Jonasson responded, liVes." She referenced suggestions made by the Planning Commission for the interior streets. She also asked if any of the lots would allow horse boarding. - Mr. Roos stated the street width suggested by the Planning Commission is not acceptable to the Fire Department, except on some of the streets with parking on only one side of the street. He stated none of the lots will allow for the boarding of horses. City Council Minutes 20 January 4, 2005 Council Member Henderson asked how many horses are allowed per acre. Mr. Nesbit stated it's generally two horses per acre but is prorated based on the acreage. Mr. Roos advised access to the boarding facility at the Kohl Ranch would be through Monroe Street. Ric and Linda Von Hurst, 81-810 Mountain View, indicated they purchased their property adjacent to this project because of the large equestrian acreage, and are concerned their property value may decrease because of this project. She asked about the height of the homes and how close they will be to their fence. Council Member Henderson noted the Specific Plan restricts the perimeter housing to 22 feet high. Mrs. Yon Hurst stated they are not opposed to the development but would like to see larger lots adjacent to their property. She also voiced concern about the project's plan for horse boarding activities at the Kohl Ranch, and wants to make sure it's not a IIcircus." Council Member Henderson suggested she meet with the developer to try to resolve some of their concerns. Mrs. Yon Hurst asked how they can find out about future meetings, and who, they should contact about dust problems once construction begins. Mayor Adolph stated a sign will be posted on the project that will provide a phone number for any dust problems, and they can also call the City. He indicated they will receive a public hearing notice for any further applications on this project. Mr. and Mrs. Yon Hurst also commented on the illegal dumping problem along Avenue 54. She suggested posting signs in the area with the fine amount for illegal dumping. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:25 p.m. Mr. Jonasson referenced corrections in the conditions of approval as follows: Condition No. 56(A)(2)(b) - changing lIeast curb face" to IIsouth curb face"; and Condition No. 56(A)(2)(d) - changing the wording to be consistent with the wording in Condition No. 27(E) as it relates to completion of the work. ~"-'-"'-'--" -- _._-~_.__.- City Council Minutes 21 January 4, 2005 -- RESOLUTION NO. 2005-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 2004-103, ZONE CHANGE 2004-122, SPECIFIC PLAN 2004-074, AND TENTATIVE TRACT MAP 32879 (TRANSWEST HOUSING). It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2005-003 as submitted. Motion carried unanimously. RESOLUTION NO. 2005-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2004-103, REVISING THE LA QUINTA GENERAL PLAN LAND USE MAP OF THE LAND USE ELEMENT, THE CITY ROADWAY CLASSIFICATIONS MAP OF THE CIRCULATION ELEMENT, AND THE MULTI-PURPOSE TRAILS MAP OF THE CIRCULATION ELEMENT (TRANSWEST HOUSING). - It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-004 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 413 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, AND THE NORTH SIDE OF AVENUE 55 TO % MILE WEST OF MONROE STREET (ZONE CHANGE 2004-122 - TRANSWEST HOUSING). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 413 on first reading. Motion carried by the following vote: ~ NOES: ABSTAIN: ABSENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None None None AYES: City Council Minutes 22 January 4, 2005 RESOLUTION NO. 2005-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2004-074 TO ALLOW 303 SINGLE FAMILY LOTS ON A 199± ACRE SITE LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET (TRANSWEST HOUSING). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-005 as amended (adding Condition No. 6(F) to read, IIPage 29 - Revise General Note 1 to state I'The maximum height for all structures on lots within 1 50 feet of any General Plan-designated image corridor shall be 22 feet. However, for any residential lots of 20,000 square feet or more, this restriction shall not apply."; adding Condition No. 6(G) to read, IIPage 29 - Revise the minimum lot width of 95 feet to be consistent with Tentative Tract 32879."; and adding Condition No. 7 to read, liThe applicant shall cause the Grant of Right-of-Way and the Right-of-Way Agreement, in a form approved by the City Manager and the City Attorney, to be fully executed and notarized by The Merv Griffin Living Trust and to be delivered to the City of La Ouinta City Clerk by 5:00 p.m. on January 24, 2005. Failure to comply with this deadline shall be a basis for rescission of Specific Plan 2004-074."). Motion carried unanimously. (NOTE: The added conditions are as submitted in memorandums to the City Council dated January 4, 2005.) RESOLUTION NO. 2005-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT MAP 32879, DIVIDING 199 ± ACRES INTO 303 SINGLE FAMILY LOTS (TRANSWEST HOUSING). It was moved by Council Members Sniff/Perkins to adopt Resolution No. 2005-006 as amended (modifying Condition No. 98 to read, IIBuilding heights shall be limited as set forth in the Griffin Ranch Specific Plan. The La Ouinta Zoning Code shall take precedence where said Specific Plan is silent."; adding Condition No. 99 to read, I'The applicant shall cause the Grant of Right-of-Way and the Right-of-Way Agreement, in a form approved by the City Manager and the City Attorney, to be fully executed and notarized by The Merv Griffin Living Trust and to be delivered to the City of La Ouinta City Clerk by 5:00 p.m. on January 24, 2005. failure to comply with this deadline shall be a basis for rescission of the approval of Tentative Tract Map 32879."; modifying Condition No. 27(E) to read, IIOff-site City Council Minutes 23 January 4, 2005 ~ improvements should be completed on a first priority basis. Particularly, Ma~ison Street improvements shall be commenced prior to the issuance of the 25th uproduction homes" building permit of the applicant for the project. Avenue 54 off-site improvements shall be commenced by the issuance of the 50th building permit or May 31, 2006, whichever occurs later. Once street improvements are commenced, they shall be diligently pursued to completion. The applicant shall have all off-site improvements completed and accepted by the City prior to 20% occupancy of the Tentative Tract. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map or issuance of any permit related thereto, reimburse the City for the costs of such improvements."; modifying Condition No. 56(A)(2)(b) to read, ". ..south curb face...."; and modifying Condition No. 56(A)(2)(d) to be consistent with the wording in Condition No. 27(E) as it relates to completion of the work;. Motion carried unanimously. (NOTE: The first three modified/added conditions are as submitted in memorandums to the City Council dated January 4, 2005.) 2. PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP 32751 FOR THE SUBDIVISION OF 9.25 ± ACRES INTO 29 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND POMELO. APPLICANT: GROVE PARTNERS LQ, LLC. - The Mayor declared the PUBLIC HEARING OPEN at 8:34 p.m. and noted the applicant has requested a continuance. MOTION - It was moved by Council Members Henderson/Sniff to continue the public hearing for Tentative Tract Map 32751 as submitted by Grove Partners LQ, LLC to January 18, 2005. Motion carried unanimously. MINUTE ORDER NO. 2005-06. 3. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION FOR APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2005/2006. r-- Principal Planner Baker presented the staff report. City Council Minutes 24 January 4, 2005 Council Member Osborne asked for a status report on the air conditioning at the Boys & Girls Club facility. Jim Ducatte, representing the C. V. Boys & Girls Club-La Quinta Unit, stated they have hired a mechanical engineer to determine the best method of air conditioning the building. The Mayor declared the PUBLIC HEARING OPEN at 8:38 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:38 p.m. RESOLUTION NO. 2005-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2005/2006. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-007 as submitted. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS Riverside County Transportation Commission - Council Member Henderson reported she has been appointed Second Vice Chair of the Commission. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Manager Genovese reported the City has received conditional approval of its Housing Element, and all of the requirements are expected to be met. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING A DONATION TO THE AMERICAN RED CROSS TO AID SOUTHERN ASIA DISASTER VICTIMS. ~-~---- -----...- --....----- City Council Minutes 25 January 4, 2005 I ~.. ~ Mayor Adolph suggested the possibility of making a contribution to the tsunami relief effort in Southeast Asia. Council Member Perkins inquired if the City made a contribution to the 9/11 disaster in New York. Council Member Henderson stated she believes funds were authorized but noted $taff was unable to establish direct needs through the New York agencies. She feels it may be premature to consider a donation at this time, and noted the assistance is massive. After a brief discussion, Council concurred to table the discussion and to consider something in the future if appropriate. * * * * * * * * * * Council Member Henderson suggested the City participate in a program next year with Waste Management of the Desert to collect recyclable holiday scrap material. She indicated the Cities of Palm Desert and Indian Wells already participate in the program. ¡ ì * * * * * * * * * * Council Member Osborne asked if the City is experiencing any street flooding or traffic signal problems with the recent rains. Mr. Jonasson stated Jefferson Street is closed at the storm channel and between Miles Avenue and Fred Waring Drive because of a low area that will be addressed when the Jefferson Street improvements are done. He noted flood areas are generally around undeveloped properties. Council Member Perkins commented on some flooding by the Catholic Church parking lot, and noted more rocks have fallen near the Cliff House Restaurant. Mr. Jonasson referenced some flooding challenges at SilverRock Resort. He also stated the City hasn't experienced any traffic signal problems due to the rain. Mayor Adolph commented on the yellow light for the left-turn lane at Washington Street and Highway 111 changing too fast. r- Council recessed to the Redevelopment Agency meeting and to Closed Session as delineated on Page 1. City Council Minutes 26 January 4, 2005 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). ADJOURNMENT There being no further business, the meeting was adjourned. Respectfully submitted, ~-d~ JUNE S. GREEK, City Clerk City of La Quinta, California ----....-..--