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2005 07 05 CC Minutes LA QUINT A CITY COUNCIL MINUTES JULY 5, 2005 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order by Mayor Adolph at 2:03 PM. PRESENT: Council Members: Henderson, Perkins, Sniff, and Mayor Adolph ABSENT: Council Member: Osborne MOTION - It was moved and seconded by Council Members Sniff/Henderson to excuse the absence of Council Member Osborne. The motion was unanimously carried with Council Member Osborne ABSENT. PUBLIC COMMENT - None CLOSED SESSION 1. Conference with labor negotiator, City Negotiator, Thomas P. Genovese, Unrepresented employees: City Clerk, Finance Director Building and Safety Director, Community Services Director, Community Development Director and Public Works Director pursuant to Government Code Section 54956.6. 2. Conference with labor negotiators Ski Harrison, Mark Weiss, and John Ruiz regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6, meet and confer process. The City Council recessed to Closed Session at 2:06 p.m. to and until the hour of 3:00 p.m. 3:00 P.M. PLEDGE OF ALLEGIANCE Mayor Adolph led the audience in the pledge of allegiance. City Council Regular Meeting Minutes 2 July 5, 2005 PUBLIC COMMENT Chris Romero, representing the Retired Seniors Volunteer Program (RSVP) presented the Mayor with a replica of a check representing 11 3 volunteers giving 7,685 hours for a total donation having a worth of $134,872 during the past year. CONFIRMATION OF AGENDA The agenda was confirmed with no changes. City Manager Genovese noted additional exhibits which have been distributed for Public Hearing No.1. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Special Meeting Minutes of June 20, 2005 as submitted. Motion carried with Council Member Osborne ABSENT. MOTION - It was moved by Council Members Perkins/Sniff to approve the City Council Minutes of the Regular Meeting of June 21, 2005 as submitted. Motion carried with Council Member Osborne ABSENT CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 5, 2005. 2. APPROVAL OF AN AGREEMENT WITH DAVIS REED CONSTRUCTION, INC. TO PROVIDE DESIGN-BUILD SERVICES FOR THE SPORTS COMPLEX IMPROVEMENTS, PROJECT NO. 2003-02 AND THE BOYS AND GIRLS CLUB ADDITION, PROJECT NO. 2003-04. 3. APPROVAL OF RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINT A AND THE CITY MANAGER. 4. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2005-06. City Council Regular Meeting Minutes 3 July 5, 2005 5. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH KINER COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2005-2006. 6. ADOPTION OF A RESOLUTION ASSIGNING RETAIL VALUE TO CERTAIN SilverRock RESORT ITEMS. 7. APPROVAL OF A CONTRACT EXTENSION FOR ONE YEAR WITH HILTON, FARNKOPF & HOBSON, LLC FOR AB 939 SERVICES FOR FISCAL YEAR 2005/2006. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN FRANCISCO, CALIFORNIA TO BE HELD OCTOBER 5, 6, 7 AND 8, 2005. 9. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN & TUCKER, LLP. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended with Item No.6 being approved by RESOLUTION NO. 2005-052. The motion carried with Council Member Osborne ABSENT. BUSINESS SESSION 1 . CONSIDERATION OF AN ORDINANCE AMENDING LA QUINT A CITY CHARTER AND MUNICIPAL CODE, CHAPTER 2.04, CITY COUNCIL (COMPENSATION AND REIMBURSEMENT). Assistant City Manager Weiss presented the staff report. MOTION: It was moved by Council Members Sniff/Henderson to read Ordinance 419 by title and number only and waive further reading. The motion carried with Council Member Osborne ABSENT. MOTION: It was moved by Council Members Sniff/Henderson to introduce Ordinance 419 on first reading, said ordinance to become effective July 1, 2005 after second reading and the passage of 30 days. The motion carried with Council Member Osborne ABSENT. City Council Regular Meeting Minutes 4 July 5, 2005 2. CONSIDERATION OF AMENDMENTS TO THE CITY CHARTER AND MUNICIPAL CODE; REVOKING CHAPTER 2.75 CULTURAL ARTS COMMISSION; REVOKING CHAPTER 2.95 COMMUNITY SERVICES COMMISSION; AND ADDING CHAPTER 2.85, CREATING THE ARTS, PARKS AND RECREATION COMMISSION. City Clerk Greek presented the staff report. MOTION: It was moved by Council Members Henderson/Perkins to read the Ordinance by title and number only and waive further reading. The motion failed on a tie vote with Council Members Henderson and Perkins voting YES and Council Members Sniff and Mayor Adolph voting NO with Council Member Osborne ABSENT. Under the adopted policies of the City Council in the event of a tie, when a member of the Council is absent, the matter is to be placed for reconsideration on the next agenda. The City Clerk was directed to notify all applicants for, and members of, the Community Services Commission and the Cultural Arts Commission as to the status of the appointments and the date for reconsideration. 3. CONSIDERATION OF APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS. The City Clerk presented the staff report advising the Council that Ken Northrup cannot make the interviews before 5:30 p.m. and has asked that his application and resume be considered. Mayor Adolph opened consideration of the one available position on the Architectural and Landscaping Review Committee. The following individuals introduced themselves and were interviewed by the City Council: Loretta Currie Tracy Mark Smith Dianne Tice David Thom City Council Regular Meeting Minutes 5 July 5, 2005 The result of the balloting was: two votes were cast for David Thom by Mayor Adolph and Council Member Perkins and two votes were cast for Tracy Mark Smith by Council Members Sniff and Henderson. Under the adopted policies of the City Council in the event of a tie, when a member of the Council is absent, the matter is to be placed for reconsideration on the next agenda. Mayor Adolph opened consideration of the two positions available on the Planning Commission. The City Clerk reported Ronald Spears has removed his name from consideration. Kenneth Dickerson and Paul Quill, have indicated they have other commitments for this time and date. She reported all the candidates have indicated their sincere interest in an appointment to the Planning Commission and requested the Council give their applications and resumes serious consideration. The following individuals introduced themselves and were interviewed by the City Council: John Doyle (arrived @ 4:45) Loretta Curry Michelle Heidbrink Jason Dickey Robert Cox Elaine Allen Grover "Dutch" Dilsaver Richard "Rick" Daniels (Clerk's Note: Arthur Lambrose called during the meeting to notify staff he would be unable to attend.) At the conclusion of the interviews, the City Clerk distributed ballots. The result of the first round of ballots was: four votes were cast for Richard "Rick" Daniels by each member present; two votes were cast for Paul Quill by Council Members Henderson and Perkins; one vote was cast for Robert Cox by Council Member Sniff; and one vote was cast for Jason Dickey by Mayor Adolph. A second round ballot was distributed and three votes were cast for Paul Quill by Mayor Adolph, Council Member Henderson and Council Member Perkins. Council Member Sniff cast one vote for Robert Cox. City Council Regular Meeting Minutes 6 July 5, 2005 MOTION - It was moved by Council Members Sniff and Henderson to appoint Richard "Rick" Daniels and Paul Quill to the La Quinta Planning Commission. The motion was unanimously carried with Council Member Osborne ABSENT. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson reported the new Campus is still on target for an opening the end of July. She said several invitations for opening events will be sent to the members of the City Council and she hopes they will be able to attend at least one of the events or all of them if they can. CVAG Committee Reports - Mayor Adolph said the Executive Committee has approved the annual 2005/2006 budget. He also reported that Supervisor Ashley has been appointed to serve as the Chair for the coming year. Chamber of Commerce Workshop/Information Exchange Committee - Mayor Pro Tem Sniff reported the minutes of the meeting have been distributed. He also stated that former mayor John Pena has been appointed to the Chamber Board. League of California Cities - Council M~mber Henderson reported on the General Plan Housing method that is being worked on by the sub-committee she sits on. She said the committee is addressing a roll out schedule for new legislation they would like to take to the State Assembly and Senate for action. Palm Springs Desert Resorts Convention and Visitors Authority - Council Member Henderson reported there was a meeting earlier in the day and she shared Mayor Pro Tem Sniff's comments and concerns. She said the reorganization committee has met several times and she provided the Council with a schedule of their meetings and topics. She said the August 16, 2005 is the date to present the reorganization plan to the JPA and the HIVC for the circulation process. She said Norm Roberts Consulting, the recruitment firm working on the Executive Director position, has received over 50 applications. City Council Regular Meeting Minutes 7 July 5, 2005 Riverside County Desert Library Zone Advisory Board - Council Member Henderson reported on a meeting held last week and she said the local zone is looking very good. She said all the other board members are eagerly looking forward to the opening of the new La Quinta Library. Sunline Transit Agency/Sunline Services Group - Mayor Adolph stated last week's meeting was cancelled for lack of a quorum so a special meeting will be held on July 6, 2005. DEPARTMENT REPORTS - None MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Pro Tem Sniff requested staff look at several dead palm trees on Avenue48 just past Adams Street and asked that they be replaced. RECESS TO REDEVELOPMENT AGENCY MEETING The Mayor recessed the meeting to a Redevelopment Agency Meeting at 5:48 p.m. RECESS TO 7:00 P.M. 7:00 P.M. Mayor Adolph reconvened the meeting at 7:04 p.m. PUBLIC COMMENT-None PRESENTATIONS - None City Council Regular Meeting Minutes PUBLIC HEARINGS 8 July 5, 2005 1 . Public Hearing to consider adoption of a Resolution of the La Quinta City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2005-541 and approving Tentative Tract Map 33597, the subdivision of 22.97 acres into 57 single-family lots, located at the southwest corner of Avenue 60 and Madison Street. Applicant: R.T. Hughes Co, Community Development Director Doug Evans advised the City Council colored exhibits had been distributed during the recess. He introduced the staff report and asked Contract Planner Nicole Criste to present the report. Ms. Criste outlined the proposal before the City Council. Ms. Criste pointed out the Planning Commission had concerns regarding the Madison Street Improvements and because the project does not have access to or from Madison Street, they conditioned the applicant to be responsible for the improvements for only five years. The Commission also conditioned the applicant to widen only an area of 1 6 feet in width along Madison Street which is less than the general plan roadway standard. They included a condition stating the applicant may grant the right-of-way for Madison Street at any time prior to the recordation of their map, should the City request it. In response to Council Member Henderson Ms. Criste stated the ultimate width for this roadway is a 96 foot right-of-way, which is a 48 foot half- width. She said the Travertine approval requires 48 feet of that half-width be constructed. Ms. Criste said staff has included in the packet (as attachment 3) the conditions for the street improvements to conform to the City's General Plan, should that be the desired finding of the City Council. In response to Mayor Pro Tem Sniff, Community Development Director Evans advised during the Planning Commission meeting, it became clear staff did not have sufficient information to answer all of the Planning Commissioner's concerns, nor did the applicant. Director Evans felt the Planning Commission's position was they would act upon all of the best available information and make their recommendation to the Council, recognizing that the developer and the staff were going to have to look at the Travertine improvement plans. Mr. Evans said, after careful review, staff came to the conclusion the layout of the street is more complicated than the Planning Commission had anticipated and staff now feels they need to recommend an ultimate 96 foot right-of-way to the City Council. City Council Regular Meeting Minutes 9 July 5, 2005 Ms. Criste said staff also learned Madison Street, north of Avenue 60, is 110 feet wide because the developer of Andalusia was permitted to put in an over-sized median to serve as an entry feature, which resulted in the extra wide street. This situation creates the need to taper the road, as it crosses Avenue 60, for a total length of 310 feet. This is necessary to bring it down to the required 96 feet before it goes over the Bureau of Reclamation Levee. She said this does affect the site plan, particularly Lot 7; however, the developer has room to shift Lots 1-7 in an easterly direction. In response to Mayor Adolph, Director Evans said the roadway would ultimately be four lanes. Assistant City Engineer Steve Speer, said this is a secondary arterial and will have a painted median. He said in order to do an 88-foot right-of-way would require a reduction in the width of the painted median as it goes over the levee to accommodate two bike lanes and the two traffic lanes in each direction. Mayor Adolph questioned why there are two walls along Madison Street. Ms. Criste said the wall on Madison Street is a sound, light and glare wall to prevent car noise and headlights from entering the property. The property line wall is just a standard block wall. She said the property between the walls is to be landscaped by the developer and maintained by the homeowners association. Mayor Adolph asked about the Bureau of Reclamation 60" irrigation pipe location. Ms. Criste stated it is being relocated so it will be under the streets not under the residential lots. Mayor Adolph also questioned the elevation grades between the lots on Avenue 60 and the curb. She responded they are almost even. Council Member Henderson questioned if there is any open-space in the project other than the retention basin and asked if there is any dual use for the retention basin. Ms. Criste responded it is designed to be both a retention basin and an entry feature. Council Member Henderson asked about retention/detention basins. She asked if staff feels the retention basins are working properly. Public Works Director Jonasson said the City has concerns as well, in light of the West Nile Virus problem. He said the City standard is to require a sand filter in the bottom of these retention areas, and sometimes dry wells. He said the percolation rate is evaluated as a part of the design of the retention area, and City Council Regular Meeting Minutes 10 July 5, 2005 feels that should meet the needs of the development. Ms. Criste said this retention area will be outside the property wall as an entry feature. Council Member Perkins asked the width of the street as it goes over the top of the levee. After discussion with Ms. Criste, Assistant City Engineer Speer said it will be 96 feet if the staff recommendation is upheld. Council Member Perkins asked if there will be room for bike lanes on both sides of the street as it goes over the levee at 88 feet. Mr. Speer said they can install bike lanes by narrowing the center divider and perhaps gain some space from the parkway. He recommended it come out of the center divider, thereby making it a four-foot wide median over the levee. Council Member Perkins expressed his displeasure with the plan not addressing these roadway issues prior to coming to the City Council. Council Member Sniff asked about the Bureau of Reclamation (BOR) lateral irrigation line, specifically what is the source of the water it carries; if it is actually carrying water; which way the water runs and where it goes. Ms. Criste said she is unsure of the source but the water is CVWD canal water carried through a BOR structure. Council Member Henderson questioned what size street does a secondary arterial need to be, curb to curb. Assistant City Engineer Speer said curb to curb it has traditionally been 64 feet but 64 feet will not accommodate bike lanes. An additional 8 feet is required for bike lanes, so 72 feet is needed. Council Member Henderson asked how it got to 88 feet. Mr. Spear said the 88 feet is the right of way and confirmed the property owners know that is what will be required by the city. He said Travertine is operating on that direction which was given about two years ago. The project under review is recommended by staff to be 96 feet. Mayor Adolph asked if any requests have been made for equestrian or multi- use trails on this section of Madison Street. Ms. Criste said there have been no requests. Dick Hughes, the developer stated they are planning a very special project and he has been advised that Travertine is going to be cutting their density severely. He questioned, based on the density of his project and knowing what Travertine is planning, if the proposed road will be needed at that width. City Council Regular Meeting Minutes 11 July 5, 2005 Council Member Perkins stated he likes the design of the project but does have questions about the traffic. He said as long as the bicycle trails are provided and if it was necessary to narrow the median to achieve that he would be satisfied. He said he wants to reserve judgment until he is reassured about the way the road lanes, bike lanes and medians are going to be built and that they will be of the correct size. Council Member Henderson said her concerns about the roadway have been satisfied. She said the property is currently zoned at 4 per acre and the developer's proposing 2 % per acre, which is always something she likes to see. She asked about the green lines that are showing between the lots in the center of the property. Mr. Hughes explained they represent a grade separation. Council Member Sniff asked where the BOR irrigation line is going to be running through the property. Mr. Hughes said it will be moved to run under the road. He said the irrigation line comes from Lake Cahuilla and runs south-east through Trilogy and is used as irrigation in the farm areas. Council Member Sniff asked what the depth of the irrigation line is. The developer's engineer (unidentified) responded it is about 25 feet deep and it is running full and gravity flow. He also responded to Council Member Sniff that there are no air vents on the property. Mayor Adolph opened the public hearing at 8: 1 0 p.m., there were not further requests to speak and the public hearing was closed at 8:11 p.m. MOTION: It was moved by Council Members Henderson/Sniff to adopt a resolution entitled: RESOLUTION NO. 2005-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 33597 The motion was unanimously carried with Council Member Osborne ABSENT. City Council Regular Meeting Minutes 12 July 5, 2005 MOTION: It was moved by Council Members Sniff/Henderson to adopt a resolution entitled: RESOLUTION NO .2005-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 22.97 ACRES INTO 57 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 33597 R. T. HUGHES CO., LLC The motion was unanimously carried with Council Member Osborne ABSENT. 2. Continued Public Hearing to consider adoption of resolutions and ordinance to Certify a mitigated negative Declaration of Environmental Impact for Environmental Assessment 2005-544; 2) Change the General Plan Land Use (GPA 05-104) and zoning designation (ZC 04-124) from low density residential; and 3) Approval of an SO-unit, multi-family residential project (SDP 05-S26), for the property located on the west side of Adams Street, on the north side of Miles Avenue. City of La Quinta Redevelopment Agency Community Development Director Doug Evans introduced the staff report and the design team present; John McMillan of RSG, the project architect and the project landscape architect. Director Evans addressed three points; 1) that the Redevelopment Agency did review and approve the preliminary design plan; 2) a public workshop was held at which all property owners within 500 feet of the project were invited to go over the project. He said several neighbors who live immediately adjacent to the property stated they felt comfortable with the design of the project and their major concerns were with regard to the grades, set-backs and distance between the buildings were satisfied. He said they also had questions regarding the retention basin and they seemed pleased that it will be left in place to be used as a recreational amenity; 3) He addressed a letter received from California Rural Legal Assistance, Incorporated that we hand-delivered earlier in the day. City Council Regular Meeting Minutes 13 July 5, 2005 Director Evans said the staff; consisJing of the planning staff, engineering staff, city attorney, and consulting team; spent a good portion of the day going through the CRLA letter and he addressed the points in the letter as follows: . He said there was concern expressed about the site development permit, some confusion relative to what document calls out the number of units and in the CRLA comments on the relocation plan, the same question was raised and staff responded at that time. He explained that the housing element refers to 82 units, which is an objective, not a quantitative fix as far as number of units and the relocation plan described an 80-unit project on this site so the City is consistent with that plan. . He stated some adjustments were made in the final design as to the number of bedrooms, from the standpoint of what was in the replacement plan, and based on interviews with the individuals who live in the existing mobile home park. He said staff was also looking at the housing needs of the community. He stated a significant issue when dealing with affordable housing is how many bedrooms as provided and the. replacement plan said the City would build a project of 170 bedrooms. He reported the unit mix has been readdressed and the proposal is now for 176 bedrooms. . Director Evans advised the letter questioned if all of the units would be replaced. He said the number of units to be removed is 92 and the commitment is to replace on-site 80 units. Within the community the additional units will be replaced by the Redevelopment Agency which has acquired a property where they expect to develop up to 300 affordable dwelling units ranging in size from one to four bedroom types. . The letter asked if there would be adequate replacement units for the existing residents at Vista Dunes. Director Evans said staff is convinced there will be adequate housing at the new project. All but eight of the residences have been relocated and staff is confident they will find suitable housing for the remaining residents. They also are confident if they choose to live at this site in the future, there will be comparable housing, in fact better housing on-site for them. They would only be required to temporarily relocate and then move back when the project is finished. There will be one, two and three bedroom units, and based on the surveys, that will accommodate the City Council Regular Meeting Minutes 14 July 5, 2005 needs of all eight residences that are still on-site in the way of bedrooms and size of the units. · He said staff believes they have adequate units for families although there will not be four-bedroom units. He said that did not appear to be a primary need for this site, but it will be looked at again when the new site is developed and accommodate larger families which will provide for all types of families in the community. · Mr. Evans stated there was a concern about making commitments relative to replacement housing on-site; however, this is a site development permit which deals with the site development issues. How the property is managed and how tenants are offered the ability to have replacement housing is a housing program function. He advised the remaining eight tenants have made replacement housing on-site a viable option; however, they would have to relocate while the project is being built. · With regard to the Mitigated Negative Declaration, staff has reviewed the comments and the City has adopted relocation plans and relocations have been implemented for over one-year. He said the relocations to-date have been successful relocations and the team on this project and the Redevelopment Agency have been proud of the fact that in many, if not all cases, the replacement housing is better housing than they moved from. Also, in many cases, former residents of Vista Dunes Mobile Home Park have been able to move into home ownership, if they qualified for the purchases. · He said the letter implies the City still must consider all 92 relocations, which is not the case, since in reality staff is only dealing with eight remaining cases. · Director Evans also advised the plan is being challenged in court and staff does not dispute that fact, but is comfortable the plan meets all the requirements of California law dealing with redevelopment. · On the fourth page, he pointed out it talks about criteria for tenant acceptance. He said the criteria used, is standard industry criteria for being accepted into affordable housing. "Each eligible tenant must have a good credit history", is a standard and anyone managing an affordable housing project must look at the credit history of their City Council Regular Meeting Minutes 15 July 5, 2005 tenants. The requirement to pass a criminal background check is, in staff's opinion, absolutely necessary to create a safe environment for the residents and assure no elements are augmented, relative to criminal activity. The requirement that each tenant must be able to show proof of car insurance is not a new requirement; it is in fact a California law. In a housing project, he related, it is very common for the management to require auto insurance so they are not held liable for accidents that occur on-site. . He said another environmental point that came up in the letter; was the City had mislabeled one of the exhibits. Staff double checked and had answered all of the questions. He said while staff could revise the document to include a, b, c designations, they are confident they have answered all of the questions asked. . Finally, he advised, the letter implies the City is going to violate California Law relative to when the park will close. He said staff cannot start the process until after the City Council takes all discretionary action to approve a housing project on the site. He said staff is aware of the time-frame and will start the time frame when and if the Council makes those decisions. Director Evans said staff feels the letter is a duplicate, in most aspects, of the questions that were raised with the relocation plan. He stated that review process has already been completed and detailed responses have been provided. He indicated this letter certainly establishes the CRLA position but it contains no new information that deals with the physical design or layout of the project. He advised the City staff and the full design team are present to respond to any questions the Council may have. Council Member Henderson asked where the split face block is going to be used. John McMillan of the Rosenow, Spevacek Group said it will be used on some low retaining walls and on the back of some carport walls and will be mixed in randomly. She complimented the color palate selected. Council Member Sniff questioned if there is any thought about doing replacements by the square foot rather than bedroom for bedroom. Community Development Director Evans replied the bedrooms are used to meet reasonable size requirements. City Council Regular Meeting Minutes 16 July 5, 2005 Mayor Adolph commented his recollection is the minimum bedroom size in La Quinta is 10' by 10' and asked what the usual bedroom size is in this mobile home park. Director Evans said the mobile home bedroom size doesn't meet the minimum standard and the survey was based on occupancy, how many people live in the unit, not how many bedrooms were in the unit. Council Member Sniff asked why staff used the criteria of bedroom for bedroom rather than square foot for square foot. Mr. Evans responded they used the bedroom criteria because in this instance they are dealing with going from a mobile home project to a "stick built" project. City Attorney Jenson advised, redevelopment regulations tend to be drafted . as to the number of bedrooms and when looking at replacement housing issues, the number of bedrooms and the total square footage comes into play. She stated by definition, these homes will be bigger than any of the housing product that was in existence in the park. Council Member Henderson asked if a bedroom has to be provided for each child in a household. John McMillan responded it is one bedroom for each two children. She also asked when the Council will be getting an idea as to the use of solar energy in this project. Mr. McMillan said that will be brought forward shortly. She also said she agrees with the philosophy of putting in a gate to the adjacent park but she would like to feel comfortable this isn't going to create a problem later on. Director Evans said, at this point the team feels they should go forward with installing the gate, if problems should arise, it will have to be locked up. Mayor Adolph questioned what the open space area is at the north end of the project. Mr. McMillan said it is a lawn and open play area which is free of play equipment. Mayor Adolph commented he isn't too impressed with the design of the homes from an architectural standpoint, but he does like the livable space design. He encouraged liberal landscaping around the housing units. Mayor Adolph opened the Public Hearing at 8:51 p.m. Rita Castro, representing California Rural Legal Assistance, Inc. (CRLA) addressed the Council; stated CRLA is representing the residents at Vista Dunes Mobile Home Park in litigation opposing the courtyard homes and the issuance of any permit in relation to the project. She said they have submitted comments in the letter which staff has addressed and copied to City Council Regular Meeting Minutes 17 July 5, 2005 the Council. She said she does stand by the points contained in the letter and would like to make some additional comments. 1) She stated CRLA objects to the lack of adequate notice regarding this agenda item. She said the City mailed the agenda to CRLA and some of the park residents on or about June 20, 2005. She said it did not include Attachment 3 in those packets and the Attachment was not made available to the public until June 30, 2005. She said several of the residents and the CRLA clients did not receive the attachment. 2) She further stated the notices and information about the new housing project were not provided in Spanish even though a large percentage of the residents are Spanish speakers, thus they were denied meaningful participation in the process. There being no further comments from the public, Mayor Adolph closed the public hearing at 8:54 p.m. City Attorney Jenson advised the Council that there is no legal requirement for distribution of the staff report. She said CRLA obviously received notice because they have submitted comments, testified, and are present along with residents from the mobile home park. Ms. Jenson also informed the City Council, this meeting was continued from June 21, 2005, in order to provide more time for input from the residents. Mayor Adolph pointed out the City Council didn't receive CRLA's comments until this evening. Council Member Sniff stated the City Council did, fortunately, receive a very complete staff report from the Community Development Director regarding the letter of this date from CRLA. He also asked if there is any legal requirement to provide the material in Spanish. City Attorney Jenson said there is not a legal requirement; it would be a courtesy issue. She stated the relocation plan and many of the key documents were translated and provided in Spanish. City Council Regular Meeting Minutes 18 July 5, 2005 MOTION: It was moved and seconded by Council Members Henderson/Perkins to adopt a resolution entitled: RESOLUTION NO. 2005-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA UINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2005-104, ZONE CHANGE 2005-124, AND SITE DEVELOPMENT PLAN AMENDMENT 2005-124, AND SITE DEVELOPMENT PERMIT 2005-S26 CASE NO. : ENVIRONMENTAL ASSESSMENT 2005-544 APPLICANT CITY OF LA QUINT A REDEVELOPMENT AGENCY The motion was unanimously carried with Council Member Osborne ABSENT. MOTION: It was moved and seconded by Council Members Sniff/Henderson to adopt a resolution entitled: RESOLUTION 2005-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR AN SO-UNIT , MULTI-FAMILY RESIDENTIAL DEVELOPMENT. CASE NO.: SITE DEVELOPMENT PERMIT 2005-S26 APPLICANT: LA QUINT A REDEVELOPMENT AGENCY The motion carried unanimously with Council Member Osborne ABSENT. MOTION: It was moved and seconded by Council Members Sniff/Henderson to take up Ordinance No. 420, by title and number only and waive further reading. The motion was unanimously carried with Council Member Osborne ABSENT. City Council Regular Meeting Minutes 19 July 5, 2005 MOTION: It was moved and seconded by Council Members Sniff/Henderson to introduce an ordinance entitled: ORDINANCE NO. 420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO A MEDIUM-HIGH DENSITY RESIDENTIAL DESIGNATION. CASE NO.: ZONE CHANGE 2005-124 APPLICANT: CITY OF LA QUINT A REDEVELOPMENT AGENCY. The motion was unanimously carried with Council Member Osborne ABSENT. MOTION: It was moved and seconded by Council Members Henderson/ Perkins to adopt a resolution entitled: RESOLUTION NO. 2005-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR AN SO-UNIT , MULTI-FAMILY RESIDENTIAL DEVELOPMENT. CASE NO.: SITE DEVELOPMENT PERMIT 2005-S26 APPLICANT: LA QUINT A REDEVELOPMENT AGENCY The motion was unanimously carried with Council Member Osborne ABSENT. Mayor Adolph recessed the meeting to Closed Session at 9:02 p.m. The City Council was reconvened. The City Attorney announced there were no matters to report from the Closed Session pursuant to Government Code Section 94957.1 City Council Regular Meeting Minutes 20 July 5, 2005 ADJOURNMENT There being no further business, the meeting was adjourned to a regularly scheduled meeting of the City Council to be held on July 19, 2005 in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. Respectfully Submitted: Ò;r -d ~ JUNE S. GREEK, CMC, City Clerk City of La Quinta, California