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2005 02 01 CC Minutes LA QUINTA CITY COUNCIL MINUTES FEBRUARY 1, 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 - None Council recessed to the Redevelopment Agency 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 - None CONFIRMATION OF AGENDA Mayor Adolph requested Consent Item No.8 be moved to Business Item No.6. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS 1 . CORRESPONDENCE REGARDING APPOINTMENT OF TRUSTEE TO THE SOUTHERN CALIFORNIA WATER COMMITTEE, DATED JANUARY 6, 2005. Council Member Henderson stated she might volunteer if she knew the meeting schedule. City Council Minutes 2 February 1, 2005 City Manager Genovese advised staff will provide that information in a staff report on the next agenda. 2. CORRESPONDENCE FROM SENATOR JIM BATTIN, DATED JANUARY 6, 2005. Council concurred to direct staff to send picture art representing the City of . La Quinta to Senator Battin for his office in Sacramento. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of January 18, 2005, as submitted. ' Motion carried unanimously. CONSENT CALENDAR 1. " . APPROVAL OF DEMAND REGISTER DATED FEBRUARY 1, 2005. 2. DENIAL OF CLAIM FOR· DAMAGES FILED BY TRI-STAR RISK MANAGEMENT - DATE OF LOSS, MARCH 30, 2004. 3.' AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ATTEND THE PUBLIC WORKS OFFICERS INSTITUTE TO BE HELD IN MONTEREY, CALIFORNIA, MARCH 30 THROUGH APRIL 1, 2005. '·4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH KATZ, OKITSU & ASSOCIATES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE 2004/2005 TRAFFIC SIGNAL IMPROVEMENT PROGRAM, PROJECT NO. 2004-07. 5. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE DOWNTOWN PARKING LOT IMPROVEMENTS, PROJECT NO. 2003-14. 6. APPROVAL OF RATIFICATION OF A CONTRACT WITH GRANITE CONSTRUCTION COMPANY BY THE CITY MANAGER FOR THE DEMOLITION AND REPAIR OF LOW-WATER CROSSING ON JEFFERSON STREET. - -_....-__._._~ City Council Minutes 3 February 1, 2005 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 31116, CENTRE POINTE, CP DEVELOPMENT LA GUINTA, LLC. (RESOLUTION NO. 2005-012) 8. SEE BUSINESS ITEM NO.6. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 8 and with Item No. 7 being approved by RESOLUTION NO. 2005-012. Motion carried unanimously. MINUTE ORDER NO. 2005-12. Mayor Adolph referenced Consent Item No.6, and commended staff for their quick response in getting Jefferson Street open for traffic. BUSINESS SESSION 1. CONSIDERATION OF PAYMENT FOR ROSE PARADE FLOAT. Community Services Director Horvitz presented the staff report. Council Member Sniff commented on the float not being as represented, and expressed caution about doing it again in the future. He stated he feels the City should honor the agreement and make the $5,000 payment. Council Member Osborne noted the City's name was not on the float, nor was the City notified that it wouldn't be. He voiced concern about paying the City's obligation if the obligation to the City was not fúlfilled. Council Member Henderson stated she feels it's obvious this type of project should have had more time on the City's part or a better understanding of the rules and regulations. She agrees the City should live up to its obligation, and feels this has been a significant lesson to learn. She noted the Council recognized a few years ago that the City's benefit in this type of project is unquantifiable, and she understands the group plans to do a float again next year. She hopes they will be able to find funding at a level other than municipalities. Council Member Perkins agreed the City should live up to its obligation but voiced disappointment that the group didn't follow through with what they promised. He would have to take a hard look before participating in this again. City Council Minutes 4 February 1, 2005 Mayor Adolph agreed with honoring the City's commitment, and stated he would be hesitant to support it in the future without some surety that the City will get what is represented. He recommended if the group requests funding in the future that they make sure they adhere to what the City expects. Darlene Dolan, representing the Rose Parade Float Committee, stated they learned some issues on this project as it progressed, one being that the parade tickets were not mailed out until mid December. She indicated she would provide a copy of the program including the City's name, and place a full page ,ad in the newspaper that will list all of the contributors. They will also be distributing a survey, and welcome the .Council's comments and suggestions. Council Member Sniff stated he feels the advertising value of the float was· minimal, and hopes they don't try to do another one. MOTION - It was moved by Council Members Sniff/Henderson to direct staff . to issue payment to the Coachella Valley Arts Alliance in the amount of $5,000 for the 2005 Rose Parade Float from the Special Projects Contingency Fund. Council Member Henderson encouraged the Committee not to spend a lot of money on the newspaper advertisement. Council Member Osborne stated he will support the City following through with its obligation on the payment. Motion carried' unanimously. MINUTE ORDER NO. 2005-13. 2.· CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. Community Services Director Horvitz presented the staff report. Council Member Sniff stated he is reluctant to go into the General Fund for these requests, and suggested a grant of $600 for each request. Council Member Henderson suggested decreasing the Civic Center Art Purchase Account, or not doing the art purchase at all this year, and using some of the funds for grant requests. She supports $2,000 for the General Patton Desert Training Center because she feels it's the start of something big. -------_._- -- - .- - - ..--.-- City Council Minutes 5 February 1, 2005 Council Member Perkins stà~tè't:r' he' supports staying with the allocated amount in the grant fund. Council Member Osborne agreed, and indicated he is open to suggestions on how to split it. Mayor Adolph spoke in favor of Council Member Henderson's suggestion because the City doesn't have a place to put artwork until the library is completed. Council Member Sniff questioned being able to transfer the funds until Business Item No.3 is considered. He stated the two groups can apply for grants again next year. Council Member Henderson noted organizations are not allowed to apply for funding two years in a row. Council Member Sniff stated he agrees with not purchasing artwork this year but prefers saving the money instead of transferring it to the grant fund. He noted the grant rules can be amended to let the organizations apply again next year. Council Member Henderson stated she prefers staying within the rules that have been established. She pointed out the grant fund is short because Council broke the rules by giving $5,000 to the Rose Parade Float Committee. She asked how the art purchase funds could be addressed in relation to this item. City Manager Genovese stated staff can transfer the art purchàse funds to the Special Projects Contingency Account if Council directs, and that would affect the availability of funding for the next item. Council Member Henderson stated she doesn't see anything wrong with transferring the funds. Council Member Perkins agreed, and stated he believes La Ouinta-based organizations should be able to apply for funding each year. In response to Council Member Henderson, City Attorney advised Business Item No.3 can be taken up together with Business Item No.2 to take action' on the funding. Council concurred to take up Business Item 3 in conjunction with Business Item 2. City Council Minutes 6 February 1, 2005 3. CONSIDERATION OF APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Henderson/Osborne to reallocate $2,747 fro~ Civic Center Art Purchase Account No. 101-1001- 411.56-60 to the Special Projects Contingency Account No. 101-3001- 451.80-01, and approve Community Services Grant requests in the amount of $2,000 each for the General Patton Desert Training Center and Children's Discovery Museum of the Desert. Sheldon Robinson, representing the Children's Discovery Museum of the Desert, expressed appreciation for the City's support. Motion carried unanimously. MINUTE ORDER NO. 2005-14. Counci.1 Member Sniff stated he feels it's appropriate to not purchase art again this year. Council Member Henderson suggested rolling the funds to next year. Council Member Perkins concurred, noting it will allow the purchase of more artwork for the library next year. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to roll $4,753 to next year's budget for the Civic Center Art Purchase. Motion carried unanimously. MINUTE ORDER NO. 2005-15. . 4. CONSIDERATION OF MARCH 1,2005, CITY COUNCIL MEETING IN CONJUNCTION WITH THE GRAND OPENING EVENT FOR SilverRock RESORT. Assistant City Manager Weiss presented the staff report. . Council Member Henderson spoke in support of moving the City Council meeting to allow the Council to participate in the grand opening activities for SilverRock Resort. Council concurred -~._....,- City Council Minutes 7 February 1, 2005 Mayor Adolph suggested moving the meeting to March 2nd, and inquired about the grand opening event schedule. Mr. Weiss indicated the tentative schedule was prepared by McMurry in conjunction with Landmark and City staff. Mayor Adolph stated he thought the recent opening for Northstar was a first- class event with hat giveaways and lunch, and is concerned that the SilverRock tentative schedule doesn't look like a first-class event. He questioned why everything is being done to accommodate Arnold Palmer when this is the City's golf course. He also questioned the benefit of having Mr. Palmer play nine holes, and suggested drawing a citizen's name to play with Mr. Palmer, or maybe even a foursome, to bring the community into the grand opening. City Manager Genovese commented on the difficulty of excluding citizens who wouldn't be allowed to play, and indicated he doesn't believe Mr. Palmer plays with members of the public. Mr. Weiss explained Mr. Palmer's schedule is already defined for this type of event, and he usually provides a clinic and activity at the driving range. Some discussion has taken place about opening the course for public play in the afternoon but there is concern about having a lot of activity on the course for one day. He indicated February 14th is the target date for opening the golf course for public play. Mayor Adolph stated he doesn't believe the grand opening should be geared for Mr. Palmer. Council Member Henderson stated she feels the Mayor's point is well taken but noted this should have been negotiated with Mr. Palmer at the beginning of his contract. She suggested the possibility of emphasizing public participation at the soft opening. She also agreed the event may be missing a little IIclass." Mayor Adolph questioned box lunches being IIclass." Council Member Henderson agreed but noted this is a public course. Mr. Weiss stated hats can be made available at the grand opening if Council wants, and noted the community will be invited to participate in the event by being in attendance at the clinic with Mr. Palmer. City Council Minutes 8 February 1, 2005 Mayor Adolph stated he isn't recommending La Ouinta do everything Northstar did at their opening but he would like to see something more than mediocre. He also referenced the grand opening at Mountain View Country Club. Council Member Henderson noted the Northstar and Mountain View openings were by invitation only and not open to the general public like SilverRock will be. Mr. Genovese referenced the event schedule being put together by the consultant selected by the City Council, and noted it's important for staff to know today of any changes that will need to be addressed in the event budget. Council Member Perkins stated he understands the Mayor's concerns but noted the schedule of events with Mr. Palmer is over at 11 :00 a.m. He feels Mr. Palmer and his group have done a great job, and should receive some credit. He is fairly satisfied with the schedule but agrees there should be more emphasis on La Ouinta, and suggested IIjazzing it up" a bit by opening with the Marine Corp Band. Council Member Osborne stated he feels the people hired by the City know how to spruce up the event, and suggested asking Mr. Palmer about playing with one of the citizens. Mr. Weiss indicated staff can ask again but advised when the schedule was discussed with Mr. Palmer's staff, the list of activities in the tentative event schedule is what was provided as acceptable and appropriate for Mr. Palmer's schedule. Council Member Osborne stated he feels the Palmer group has done a great job, and noted Mr. Palmer has been on the course more than required in his contract. He indicated he would like to upgrade the event some, and inquired about the event budget. Mr. Weiss advised the event budget is $35,000. He noted it's difficult to provide refreshments for an unknown number of attendees. Council Member Osborne suggested the professionals should have some idea of the expected attendance. Mr. Weiss stated there has been some discussion with the consultant about having designated players but the difficulty is in determining who the players would be. He stated the event has been geared toward Mr. Palmer's - .~_.- - -- ------ - - City Council Minutes 9 February 1, 2005 availability, and exposure of theg9.lf course to national media, including consultants, Council, etc. Hè confirmed Mr. Palmer's golf clinic at the driving range will be open to the public. After a brief discussion, Council concurred to change the Council meeting to March 3, 2005. MOTION - It was moved by Council Members Sniff/Henderson to move the March 1, 2005 City Council meeting to March 3, 2005. Motion carried unanimously. MINUTE ORDER NO. 2005-16. Council Member Sniff questioned holding the event on a Tuesday at 8:00 a.m. and stated he feels the event lacks a focal point. He also feels it should be rethought to make it more exciting. He agrees with involving the public, and inquired about invitations to other celebrities, political figures, city representatives, etc. Council Member Henderson states she believes the excitement of the day will carry itself, and indicated she would like to have a sit-down lunch but doesn't know how to limit it. She feels Mr. Palmer's stature is why he was selected to design the golf course, and noted that the event is the opening of a golf course. She stated she views this more as a media event. Mayor Adolph stated he wasn't suggesting lunch be provided but only referencing the Northstar opening. Council Member Sniff stated he sees "bland" instead of "grand" in the event schedule. Mr. Genovese advised the Council's comments will be forwarded to the consultant and Land mark. Mr. Weiss stated there has been some discussion about holding a tournament but staff didn't know how to implement it fairly and equitably, and asked if the Council wished to pursue that. Mayor Adolph stated he doesn't believe a golf tournament would be appropriate but doesn't see anything wrong with letting the media play. Council Member Henderson suggested giving hats to attendees. Mayor Adolph noted visors are less expensive giveaways. , , City Council Minutes 10 February 1, 2005 Council Member Sniff stated he feels the staff and consultant should make adjustments in the event as appropriate. Mr. Genovese indicated staff will look at including giveaways at the event. 5. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 414 There were no changes to the staff report as submitted and on file in the City Clerk's Office. ORDINANCE NO. 414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING CHAPTER 9, SECTION 9.40.010 - TABLE 9-1, PERMITTED USES IN RESIDENTIAL DISTRICTS; SECTION 9.80.040 - TABLE 801, PERMITTED USES IN NONRESIDENTIAL DISTRICTS; SECTION 9.150.080.M.5.a; AND SECTION 9.100.040.B.1.a, RELATING TO INTERIOR LANDSCAPING, OF THE CITY OF LA QUINTA MUNICIPAL CODE (ZOA 2004-081 - CITY OF LA QUINT A). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. . 414 on second reading with minor arnendments to the text. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: 6. CONSIDERATION OF ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR AMENDMENT NO.2, AMENDED TRACT MAP 29894-2, THE HIDEAWAY, ND LA QUINTA PARTNERS, LLC. (This item was moved from the Consent Calendar.) In response to Mayor Adolph, Public Works Director Jonasson advised subdivision improvements are required to be completed within one year after the Subdivision Improvement Agreement is approved but extensions are granted if there is a good reason for not completing the improvements on schedule. In this case, ND La Ouinta Partners has prepared plans, and is in -- - ~_._._-_..._- ------- - City Council Minutes 11 February 1, 2005 the process of completing the perimeter improvements. The Avenue 54 wall improvements are scheduled,'í,..~q:~:Þe completed this year but the monumentation may extend beYo·nd that. He indicated the resolution extends the map for seven months. Mayor Adolph stated he doesn't object to the extension but feels the City needs to get a handle on the timing for improvements to be completed for future developments. He doesn't want to see future projects drag out like this one. MOTION - It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-013 to extend the time for completion of improvements as specified in the approved Subdivision Improvement Agreement for a period of one year for Amendment No.2, Amended Tract Map 29894-2, Hideaway, NO La Ouinta Partners, LLC. Council Member Henderson noted this project has experienced some extraordinary circumstances due to the past developer going out of business. Mr. Jonasson referenced a conflict between the wording in the resolution and the staff recommendation in the staff report regarding the time extension, and clarified the extension will be for one year from today's date. Motion carried unanimously. MINUTE ORDER NO. 2005-17. STUDY SESSION 1 . DISCUSSION OF THE COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN (CVMSHCP) AND NATIONAL COMMUNITY CONSERVATION PLAN, DRFAT, EIR, AND IMPLEMENTING AGREEMENT. Community Development Director Evans presented an overview of the plan. Council Member Perkins referenced the fences used in Rancho Mirage to keep the Bighorn Sheep away from Highway 111. He stated he wants thè Bighorn Sheep to continue to increase but doesn't want to restrict people, unnecessarily, from using the trails. Mr. Evans indicated staff is recommending a scientific study be done on how sheep react to people and horses. He stated he is confident, and so are some of the experts, that Bighorn Sheep are not scared by hikers. City Council Minutes 12 February 1, 2005 Council Member Henderson referenced the County's General Plan update failing in the courts, and stated she understands that portion of the planning document is being questioned. Mr. Evans confirmed the document is in litigation regarding the Federal guidelines. He stated he believes the Plan will lose support from agencies such as the SIA if the litigation is not resolved favorably. He commented on the importance of having some certainties in the Plan before it's adopted. Council Member Henderson stated she understands the 75-year permit will be void if the County situation fails. City Attorney Jenson advised all of the cities and the County must be signatories for the Plan to be adopted. It's unlikely the County issues will be resolved prior to trial, and the trial outcome could take years. In response to Council Member Henderson, Mr. Evans agreed the Plan is not clear on the HANS process. He noted if the City determines that a development is consistent with the Plan but the United States Fish & Wildlife Service (USFWS) disagrees, the permit is revoked. Council Member Henderson stated she feels the outcome of this is something the Valley wants, but the cities also want the trails and want to be able to justify why the trails can or cannot be used. Mr. Evans noted CV AG' s scientific advisory committee did not include Bighorn Sheep experts, and he feels that lack of expertise will be a significant flaw of the Plan. Council Member Henderson referenced the restriction by BLM against CVWD working on the reservoir at the top of Cove between January and July. She supports staff putting some issues on the table for further discussion. Council Member Sniff stated he agrees with staff's recommendations. He questions there being any legal basis for the Plan. He also feels it must have a solution and should specify what constitutes recovery and at what point it happens. Ms. Jenson advised the Plan includes recovery criteria but the conservation area is designated for the life of the permit even if there is a recovery. She suggested a request be included in the City's comments that once recovery has occurred, the corresponding conservation area be eliminated. She stated the recovery has numeric goals within nine different areas with no sunset provision, and the implementation agreement has the cities contracting to ------ __ _~_ - ___n____ __ City Council Minutes 13 February 1, 2005 enforce the conservation areas. She feels the language is clear that the City would be making a commitO!"~l1l¡j,~p.,.,en1orce the conservation restrictions in the document. She spoke to CV A'G's attorney about the HANS process in relation to an unwilling developer, and was told the agencies will probably not want to use eminent domain. She suggests if it's a voluntary exchange, developers should be allowed to indicate upfront whether or not they are interested sellers so as not to conflict with the permit streamlining process. She feels there are a lot of issues to work out before the Plan can be presented for action. Council Member Sniff stated he feels the scientific basis for the Plan should be challenged, and questioned what the 75-year permit period was based on. He asked who would defend challenges to the document. Ms. Jenson advised if the Plan is challenged when it's adopted, there's no provision in the Plan as to who would be responsible for defending city legal challenges. A second type of challenge might be in the implementation of the Plan. In response to Council Member Henderson, Ms. Jenson confirmed challenges would be directed to the cities because each city will be required to adopt an ordinance making the Plan a part of their regulations. Council Member Sniff stated he doesn't believe the Plan has been totally thought through, and that it should be attacked vigorously in any legitimate point. He asked what would happen if the City doesn't adopt the Plan. Ms. Jenson advised the City would not get the benefit of the "take" permit, which could hold up developers, such as Travertine, from getting their permits and being able to move forward with their developments. In that case, each property owner would have to go through their individual consultation process. Council Member Sniff asked if there's any financial penalty if the City doesn't adopt the Plan, to which Ms. Jenson responded there could be a risk of the USFWS developing an attitude. Council Member Henderson stated she understood all the cities have to be involved for it to work. Ms. Jenson stated that is correct unless they decide to proceed. She referenced the potential for the City of Palm Springs not participating in the Plan. City Council Minutes 14 February 1, 2005 Council Member Sniff stated he feels the lack of scientific input on the Bighorn Sheep issue should be challenged. Mr. Evans stated USFWS is not likely to give in on some issues until the last possible moment. He commented on the Council's concerns being a positive element in negotiations to result in a workable Plan so property owners don't accuse the cities of taking away their rights. He believes the Bighorn Sheep survival in Section 5 is more dependent on climate, water, coyotes, etc. than on what happens at the Travertine development. In response to Council Member Osborne, Mr. Evans stated, although there are provisions in the Plan for minor and major amendments, the "no surprises" provision keeps USFWS from adding restrictions or measures because they don't like a part of the Plan. . Council Member Henderson noted that is the provision the County is fighting in court. In response to Mayor Adolph, Mr. Evans confirmed the City's comments will be forwarded to CV AG by the March 7th deadline. Council Member Henderson suggested staff refer to language in the San Jacinto and Santa Rosa National Monument legislation stating the management of the National Monument shall be subject to valid existing rights and have no buffer zones. Steven DeLateur, 74-770 Highway 111, Indian Wells, representing Travertine Corporation, stated they strongly endorse staff's recommendation to object to the curtailment of construction during certain times of the year. He stated Travertine doesn't want to be caught in the middle between the , " . 'trails the' City wants in the development and the removal of those trails by USFWS. He indicated they have 'reached a compromise with BLM and USFWS on the Martinez Slide trail that will start at the ranger station and go along the Avenue 64 alignment. They have also incorporated suggestions from the equestrian group into their addendum to the biological assessment , on how the trail link should cross Jefferson Street. As for funding and the cost of the permits, he stated CV AG has indicated the residential per-acre fee will be calculated annually and increase as land values increase. He indicated, once the roads are built, it's not certain that the property owners in Section 5 will need Federal consultation with USFWS. Council recessed to and until 7:00 P.M. -----~ ---- --~--- City Council Minutes 15 February 1, 2005 7:00 P.M. PUBLIC COMMENT Michael Murrell, 44-875 Via Mirabel, requested supervision be provided at the La Ouinta Skate Park to make sure the children are wearing proper safety equipment and that bicycles aren't allowed. In response to Mayor Adolph, City Manager Genovese stated staff is working on this issue and will contact Mr. Murrell regarding the City's enforcement procedures. * * * * * * * * * * * * Audrey Ostrowsky, P. O. Box 351, requested a meeting to resolve some issues wherein she feels she is being discriminated against. City Manager Genovese indicated staff would contact her. * * * * * * * * * * * JoAnn Reeves, P. O. Box 2006, representing the La Ouinta Playhouse, spoke regarding their goal to build a 350-400 seat theater in La Ouinta. Sheldon Brodsky, 47-940 Via Jardin, indicated the Cultural Arts Commission is in full support of this project, and asked about the possibility of applying for a grant. Mayor Adolph referred them to the Community Services Department for a grant application, and indicated they are considered on a quarterly basis. * * * * * * * * * * * * * Joe Broido, 77-510 Calle Nogales, commented on the Embassy Suites project not being as invasive on the community as he had previously thought it would be. He stated he feels the casitas are more of an eyesore than the high-rise hotel. He asked about the overrun on SilverRock Resort and how much more it will cost to complete Phase 1. He also asked about the cost of the Avenue 52 entry, stating he believes the lakes and waterfalls are objectionable to many of the residents because it's a waste of water. He suggested the second golf course be more forgiving. PRESENTATIONS - None City Council Minutes 16 February 1, 2005 PUBLIC HEARINGS 1. CONTINUED 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 PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND POMELO. APPLICANT: GROVE PARTNERS LQ, LLC. Associate Planner Magaña presented the staff report, focusing on those conditions of approval that relate to the concerns raised at the last meeting. Mayor Adolph stated he feels it would be better, aesthetically, to put the'fire access by the retention basin instead of in the center of the property. Community Development Director Evans indicated the fire access can be moved if it's acceptable to the Fire Department, and suggested modifying the condition to allow that flexibility. The Mayor declared the PUBLIC HEARING OPEN at 7:27 p.m. Jim Olsen, representing Grove Partners LO, stated they are not opposed to moving the fire access if the location is approved by the Fire Department. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:28 p.m. RESOLUTION NO. 2005-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING THE SUBDIVISION OF 9.25± ACRES INTO 29 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 32751 - GROVE PARTNERS LQ, LLC.) It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-014 as amended (modifying Condition No. 78 to read, "....Tract Map or other approved location,...."; and modifying Condition No. 84 to read, . II A) The applicant shall conduct and submit a Noise Attenuation Study prior to the issuance of building permits. If the Noise Study requires raising of the existing perimeter wall along Jefferson Street for noise abatement, the developer is conditioned to reconstruct the existing perimeter wall to the height(s) required by the study and as approved by the City Engineer. If the Noise Study requires that noise attenuation building materials be used in the City Council Minutes 17 February 1, 2005 residential units to reduce interior noise impacts to 45dBA, then the applicant shall show these standards in the building plans prior to the issuance of building permits. 'B)Thêapplicant shall record on the title of each residential lot a notice in the form disclosing that there may be a potential increase in noise impacts due to increased traffic levels on Jefferson Street and that the City will not be responsible for providing sound attenuation measures, such as sound walls, now, or in the future, due to those impacts. The cost of any such noise attenuation measures would be borne solely by the lot owners and the Homeowners Association (HOA).") Motion carried unanimously. 2. PUBLIC HEARING TO ADOPT RESOLUTIONS OF THE CITY COUNCIL: 1) CERTIFYING AN ADDENDUM TO A PREVIOUSLY APPROVED ENVIRONMENTAL IMPACT REPORT (SCH#99061109); 2) APPROVING THE ADDITION OF 120 ACRES OF SPECIFIC PLAN 99-035 AREA, CHANGING THE LAND USE DISTRIBUTION FOR LANDS EASTERLY OF MADISON STREET, AND ADDING PROVISIONS FOR GUEST HOUSES THROUGHOUT THE SPECIFIC PLAN AREA; AND 3) THE SUBDIVISION OF LANDS WITHIN THE SPECIFIC PLAN AREA EAST OF MADISON STREET INTO 225 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS FOR GOLF, STREETS, AND COMMUNITY FACILITIES FOR TENTATIVE TRACT MAP 33076 FOR THE PROPERTY LOCATED BETWEEN AVENUE 52 AND AVENUE 54 AND BETWEEN JEFFERSON STREET AND MONROE STREET. APPLICANT: ND LA QUINTA PARTNERS, LLC. Planning Consultant Nicole Criste, of Terra Nova Planning, presented the staff report. Mayor Adolph expressed concern about the perimeterberming, and stated he feels the key element is how far the top of the berm/wall is from the right-of- way. Ms. Criste reviewed the berm heights at various locations around the perimeter, and stated there will be no walls on the ridge line. Council Member Osborne asked about the average berm height, to which - Ms. Criste responded, lIapproximately 12 feet." I n reviewing the tentative tract map, Ms. Criste referenced a memo from staff regarding proposed modifications to Condition No. 84, as it relates to grade differentials between this tract and Tract Map 31 874 to the east. City Council Minutes 18 February 1, 2005 Council Member Perkins inquired about the setback distance from the adjacent tract. Ms. Criste stated the setback to the street is about 50 feet, and the minimum setback for the houses is 20 feet. She stated Condition Nos. 6 'and 20 in the Specific Plan and Tentative Tract Map should be removed because they were deleted by the Planning Commission. Mayor Adolph asked if the project is part of the Hideaway development. Ms. Criste stated it's her understanding that they are two separate country clubs. In response to Mayor Adolph, Public Works Director Jonasson stated the Building & Safety and Public Works Departments will track the progress of the project to make sure it adheres to the timing for improvements. He noted performance bonds will also be required for on-site and off-site improvements. Ms. Criste indicated the applicant is requesting a full-turn movement at the Avenue 52 entrance, and has met with the City of Indio City Engineer regarding how a full-turn movement at that location would affect the north side of the street. Staff has verified that the City of Indio City Engineer is in agreement with the requested full-turn movement. Council Member Osborne asked who will be responsible for the traffic signal cost at the Avenue 52 entry. Mr. Jonasson stated the applicant will be responsible for 50% of the cost. Mr. Osborne further inquired why a separate bike lane is required on Madison Street. Ms. Criste stated the General Plan calls for a bike lane and a multi-purpose trail at that location. Council Member Perkins stated he doesn't believe bicyclists are likely to change from a bike lane in the street to a multi-purpóse trail. He commented on the width of bike lanes being too narrow in some areas of the City. Assistant City Engineer Speer indicated bike lanes range from 6 to 7 feet wide. In response to Mayor Adolph, Ms. Criste confirmed Avenue 52 will have a median with turn-pocket lanes. Council Member Osborne asked if the project will be conditioned to maintain the median landscaping on Avenue 52. --.---.- -~_._- City Council Minutes 19 February 1, 2005 Mr. Speer stated the developer will install the landscaping but the City will be responsible for the maintenance. In response to Council Member Henderson, Mr. Speer stated the Avenue 52 median fronting The Hideaway was installed through the Developer Impact Fee and will be maintained by the City. The Mayor declared the PUBLIC HEARING OPEN at 8:09 p.m. John Gamlin, representing NO La Ouinta Partners, expressed appreciation for staff's help in resolving some of the issues related to The Hideaway project, ' and indicated they are excited about getting started on this project. He stated they are considering member suites in the clubhouse for overnight accommodations but don't contemplate them being ownership suites. If they are, they would probably go into a leasing pool with a hotel night charge. In response to Council Member Osborne, Mr. Gamlin explained high berms help to create an intimate feel that the outside world doesn't come into the community. Council Member Henderson noted it's more pleasant to look at than block walls on both sides of the street, and asked if they intend to come back with an amendment to address the member suites issue. Mr. Gamlin stated he doesn't view it as a significant change because the number of units will not change, and it's similar to what they have done at The Hideaway. Community Development Director Evans indicated staff needs to meet with the applicant to determine if an amendment to the Specific' Plan is required, and will find out if the Specific Plan allows it to be done administratively. Mayor Adolph asked if the perimeter landscaping will be similar to The Hideaway, and Mr. Gamlin stated it will be similar but enhanced by using more-mature plants and groupings of trees. Mr. Adolph stated he would like to see some color along with the greenery. In response to Council Member Henderson, Mr. Gamlin stated they will install the median landscaping, and the City will maintain it. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:23 p.m. City Council Minutes 20 February 1, 2005 RESOLUTION NO. 2005-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT SCH #99061109 PREPARED FOR SPECIFIC PLAN 99-035, AMENDMENT NO.1 AND TENTATIVE TRACT MAP 33076 (ND LA QUINTA PARTNERS, LLC). It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2005-01 5 as submitted. Motion carried unanimously. RESOLUTION NO. 2005-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ESTABLISHING DEVELOPMENT STANDARDS, PRINCIPLES, AND GUIDELINES AND PROGRAMS FOR LANDS TOTALING 1, 108 ACRES , (SPECIFIC PLAN 99-035, AMENDMENT NO.1 - ND LA QUINTA PARTNERS, LLC). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-016 as amended (deleting Condition Nos. 6 and 20). Motion carried unanimously. RESOLUTION NO. 2005-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 472 ACRES INTO 225 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT 33076 - ND LA QUINTA PARTNERS, LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-017 as amended (deleting Condition Nos. 6 and 20; and modifying Condition No. 84 to read, "That on, or adjacent to, the shared property line with Tracts 31202 and 31874, the grade on the subject property shall not exceed 1 ± foot above the existing property line wall. On-site berms and landscape features shall be reviewed and approved by the Community Development Department. On-site berms shall not obstruct the line of sight from Tract 31 202 lots created by the existing property line wall with the exception of the area shown in Section "0". In this area, the berm shall be limited to the height necessary to screen the access roadway from the adjoining property.") Motion carried unanimously. ---~ City Council Minutes 21 February 1, 2005 3. PUBLIC HEARING TO ADOPT RESOLUTIONS OF THE CITY COUNCIL CERTIFYING AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 2003-475; AND APPROVING AMENDMENT NO.1 FOR TENTATIVE TRACT MAP 31249, APPROVING THE REDUCTION OF CERTAIN INTERIOR PRIVATE STREET WIDTHS FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF AVENUE 58 % ± MILE WEST OF MADISON STREET. APPLICANT: EHLINE COMPANY. Associate Planner Nesbit presented the staff report. In response to Council Member Henderson, Mr. Nesbit confirmed the interior street widths have been approved by the Fire Department. In response to Council Member Perkins, Mr. Nesbit stated the project has three interior retention basins. Council Member Osborne asked for clarification on the street widths. Mr. Nesbit stated the overall right-of-way proposed by the applicant is 32 feet but the travel way is 28 feet. Mr. Osborne asked if the multi-purpose trail and bike lane improvements will be consistent to the end of Avenue 58. Mr. Speer responded, liVes," and added Avenue 58 will later curve at the west end of this project into the extension of Jefferson Street. The Mayor declared the PUBLIC HEARING OPEN at 8:34 p.m. David Turner, of Coachella Valley Engineers and representing the applicant, requested Condition Nos. 7 and 52 be modified to eliminate the requirement for a bike lane because the applicant feels the multi-purpose trail can accommodate bikes. Council Member Henderson questioned large bicycle groups being able to use the multi-purpose trails. City Manager Genovese noted the multi-purpose trail may accommodate mountain bikes but not road bikes. Council concurred. Mr. Turner requested Condition No. 83 be deleted, and indicated they have a verbal agreement with the adjoining tract to vacate the easements, and they will be providing a 1 O-foot easement on the south side for CVWD. He questioned the CC&Rs being the proper place for the condition because the City Council Minutes 22 February 1, 2005 easement restrictions will be shown on the exhibits given to property owners. Council Member Henderson noted the applicant indicated he had a verbal agreement existed when the project came before Council over a year ago. Mr. Turner stated he believes they are close to finalizing the agreement, and have included the change on the final map. Council Member Henderson asked how it might affect the ability to pull grading permits. Mr. Turner stated the plan check was stopped about six months ago, and staff requested the proposed amended map be submitted. He indicated the easements will be shown on the final map if they are not vacated. In response to Council Member Henderson, Community Development Director Evans stated although the map and title reports will disclose the easements, staff feels the condition should be in the CC&Rs to provide additional notice to property owners about the potential restriction of being able to put a pool or other amenity in the back yards. He confirmed the condition will not be necessary if the easement is eliminated. Mr. Turner suggested modifying the condition to indicate that the CC&Rs notice is not required if the easement is eliminated. He expects the easement to be eliminated before the final map is recorded. Council Member Perkins questioned the City being able to put anything in the CC&Rs of a development. City Attorney Jenson advised it has been done in other projects, and the intent is to put people on notice through the CC&Rs, which every property owner has the opportunity to see before acquiring the property. Council Member Perkins noted homeowners associations can change the CC&Rs once the developer no longer owns 50% of the development. He indicated he will not support putting anything in the CC&Rs. Council Member Henderson stated it's her understanding that most of the regulations set by the City were only notifications. Ms. Jenson stated the City has gone beyond that in some CC&Rs but has recently switched to utilizing development agreements. The notification is sometimes done by recording a document on every lot. As for the easement -.,-.....- ~ _."- -- ~_.~~-----_..- City Council Minutes 23 February 1, 2005 issue, she stated the easement holder may have to sign a consent to the recordation before the map is finaled. Mr. Evans indicated Condition No. 83 is not mandated but was added to keep someone from building in an easement that they were not aware of then blame it on the City. Mr. Turner stated the easement will be shown on the plans until it is vacated. Council Member Henderson noted that's not a guarantee the property owner will be aware of the easement. Mayor Adolph stated the easement should fall within the disclosure act. In response to Mayor Adolph, Mr. Turner confirmed recreational amenities for children in the open space area will be addressed in the project. Richard Hill Adams, 33-532 Forest Ranch Road, San Juan Capistrano, spoke as the financing agent for the project, and stated he believes Condition No. 83 is "overkill" because the title report is the best notification. He voiced concern that anything out of the ordinary in the CC&Rs will be questioned by the Department of Real Estate and slow down the progress of the project. He encouraged Council to eliminate Condition No. 83 and to approve the project. Patrick Q'Dowd, 49-460 Rancho San Francisquito, representing the adjoining tract, stated he is confident the easement issue will be resolved. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:59 p.m. Council Member Henderson stated she is concerned about building permits being issued for something that is within an easement. Mr. Evans stated he believes the Building Department assumes property owners have checked for easements before pulling their building permits. Ms. Jenson advised the condition can be modified to indicate that the CC&Rs notification is not necessary if the easement is eliminated, and that a notice be recorded in a form acceptable by the City Attorney if the easement is not eliminated. She feels it may be difficult to get that type of document recorded but recommends having the flexibility. City Council Minutes 24 February 1, 2005 Mr. Jonasson noted the applicant's request to allow a 32-foot right-of-way is actually a 28-foot wide street, which does not accommodate street parking. The applicant proposes parking on one side of the street by parking vehicles on the rolled curb, but that is not how people usually park their vehicles. He noted a 36-foot wide street is required for parking on one side of the street. In response to Council Member Henderson, Mr. Jonasson confirmed staff's concerns were voiced to the Planning Commission but they still approved parking on one side of the street. Council Member Osborne requested the public hearing be reopened so he can ask the applicant how much parking is being allowed for the project. The Mayor declared the PUBLIC HEARING REOPENED at 9:09 p.m. Mr. Turner stated each lot will have a three-car garage with additional parking in the driveway for a total of five to six parking areas per lot. Council Member Henderson suggested parking be allowed on one side of the street for holidays and parties by getting a permit from the homeowners association. Council Member Perkins pointed out taking two feet from the lots on both sides of the street would provide a 36-foot street width and allow parking on one side of the street. Mr. Turner indicated the houses won't fit within the setbacks if two feet is taken from each lot. Council Member Perkins stated he cannot support a 32-foot right-of-way with parking on one side of the street, and feels a no-parking restriction would be a hassle for the homeowners because there would be no provision for visitor parking. In response to Council Member Sniff, Mr. Turner stated the lot depths range from 101 to 150 feet. He noted a 60-foot house with a 20-foot setback on a 10 1-foot lot would only leave 21 feet, and most of the houses are larger than that. He stated the street width issue is why the applicant filed the request for an amendment. Council Member Henderson noted the options are: no parking on the street; adding four feet to the width of the street; or utilizing permits to allow parking on one side of the street for special occasions. -.......--.- - City Council Minutes 25 February 1, 2005 Mayor Adolph commented on the streets in PGA West accommodating street parking without being a problem, even during the Bob Hope Classic. He noted the project is not a high-density area with a lot of traffic, and indicated he doesn't have a problem with the applicant's request. Mr. Evans stated the Planning Commission felt it would be acceptable for the low-density development to have periodic conflicts due to parking being allowed on one side of the street. He noted the need for narrower streets and less paving is a topic of conversation at Planning conferences. Council Member Sniff suggested taking one foot from the lots on each side of the street to increase the street width two feet. Mr. Turner stated he believes the applicant would prefer going with a 32- foot right-of-way and letting the homeowners association control the parking issue. Council Members Osborne and Henderson indicated they ,would agree to that. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:23 p.m. RESOLUTION NO. 2005-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP 31249, AMENDMENT NO.1 (EHLINE COMPANY). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-018 as submitted. Motion carried unanimously. A brief discussion ensued as to whether or not the proposed street width and parking would be a violation of the City Code. Mr. Speer advised the General Plan requires 36 feet for parking on both sides of the street, 32 feet for parking on one side of the street, and no parking on 28 feet. Council Member Perkins suggested the condition be modified to let the developer decide on 28-foot street widths with no parking or 32-foot street widths with parking on one side of the street. City Council Minutes 26 February 1, 2005 Council concurred. RESOLUTION NO. 2005-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, GRANTING APPROVAL OF THE SUBDIVISION OF 33.33± ACRES INTO 85 SINGLE FAMILY RESIDENTIAL LOTS WITH LETTERED LOTS (TENTATIVE TRACT 31249, AMENDMENT NO. 2 - EHLlNE COMPANY). It was moved by Council Members Perkins/Henderson to adopt Resolution No. 2005-019 as amended (modifying Condition No. 83 to allow 28-foot street widths with no parking or 32-foot street widths with parking on one side, at the discretion of the developer). Motion carried unanimously. Council recessed to the Redevelopment Agency meeting. Council reconvened. REPORTS AND INFORMATIONAL ITEMS CV AG ,Executive Committee - Mayor Adolph reported the funding for Jefferson Street has been approved by the Executive Committee, and the JPA policy regarding closed sessions is moving forward. Jacqueline Cochran Regional Airport Authority reported on the growth taking place at the airport. Council Member Osborne League of California Cities - Council Member Henderson reported the Revenue & Taxation Committee has formed an ad hoc committee to address the issue of how last year's legislation is affecting new cities. They also discussed the League's goals to expand housing supply and affordability, expand investment in infrastructure; and protect critical redevelopment agency funding. Palm Springs International Airport Commission - 1!1 response to Mayor Adolph, City Clerk Greek stated Ms. Doria has expressed her apologies, and indicated she was not aware that she was supposed to forward the meeting minutes to the City Council. She added the minutes for the last four months were received today and will be distributed to Council. --------.'-- ---- _. ',-- City Council Minutes 27 February 1, 2005 Sun Line Transit Agency/SunLine Services Group - Mayor Adolph reported the Board adopted a policy allowing for subsequent closed sessions before the various City Councils. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS 1 . DISCUSSION REGARDING POSSIBLE CITY COUNCIL RETREAT. Council Member Osborne suggested having a one-day retreat in the fall for the City Council to meet with staff to prioritize City Council goals. Council Member Sniff questioned the rationale since the City already has a number of five-year programs to address these issues. Council Member Osborne stated he would like to review the various items in more depth and have feedback from staff. In response to Council Member Sniff, City Manager Genovese confirmed the Council has a strategic planning process. It's his understanding that the purpose of the request is to provide more time to go through the issues in more detail and in a different atmosphere. After a brief discussion, Council concurred with asking staff to come back with some information. 2. DISCUSSION OF PARKING LOT AT ST. FRANCIS OF ASSISI CHURCH AND WIDENING OF WASHINGTON STREET AT THAT LOCATION. Council Member Perkins suggested the possibility of working out an arrangement with the church that would allow the temporary parking lot a while longer in order for the City to get an easement that would allow for the widening of Washington Street. City Council Minutes 28 February 1, 2005 3. DISCUSSION REGARDING AN INCREASE IN SALARY FOR THE CITY COUNCIL. Council Member Perkins stated the Council's salary hasn't increased in almost two years, and suggested a $200 monthly increase beginning In June. Council Member Osborne noted the City Council doesn't receive additional compensation for special meetings, and suggested looking at that. Council Member Sniff stated he doesn't believe a $200/month increase is out of line but feels it should remain a monthly salary regardless of the number of meetings. He agrees with getting information on the issue of widening Washington Street in front of the church. 4. DISCUSSION REGARDING LANDSCAPING AT THE AVENUE 52 ENTRY TO SilverRock RESORT. Mayor Adolph voiced disappointment about large pepper trees being placed in the entry center planter because they block the view of the waterfalls. He asked Council to take a look to determine if the trees should be moved. City Manager Genovese advised staff will bring information back in a department report. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Osborne to adjourn. Motion carried unanimously. Respectfully submitted, Q~ ~~o- ]e/l JUNE S. GREEK, City Clerk -1; City of La Ouinta, California ----- -'---;\~-":" ..- --'-", '.. -