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2005 10 18 CC Minutes LA QUINT A CITY COUNCIL MINUTES OCTOBER 18, 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, Sniff, Mayor Adolph Council Member Perkins MOTION - It was moved by Council Members Henderson/Osborne to excuse Council Member Perkins. Council Member Henderson indicated that she spoke to Council Member Perkins, and he indicated he has not received the City's letter but expects to return to the City Council the second meeting in November. He also indicated he spoke to Council Member Osborne and left phone messages for Council Member Sniff and Mayor Adolph. Council Member Osborne confirmed he spoke to Mr. Perkins. Mayor Adolph stated he did not hear from Mr. Perkins. He wants him to return but has concerns that he may not physically be able to. He will support the motion this time but will not vote to excuse him in the future unless Mr. Perkins calls and reassures him that he will be back. Council Member Sniff stated he did not receive a phone message from Mr. Perkins but will support the motion. Motion carried unanimously. 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. City Council Minutes 2 October 18, 2005 PUBLIC COMMENT Ira Boiko inquired about an update on the gate situation at the La Quinta Springs Apartments, and stated he understands the City of Indio plans to go forward with their plan to reinstall the gate without any approval from La Quinta. City Manager Genovese stated the City has submitted a formal request of records to the City of Indio, and needs that information to proceed. Mayor Adolph noted the City of La Guinta will do whatever it can legally do to resolve the situation. Les Essary, 80-085 Vista Grande, asked that the gate be reinstalled as it was before construction began. He commented on mail not being delivered because of vehicles parked in front of the mailboxes, and referenced a letter left under the residents' doors. Lori Fahwestock, 80-065 Vista Grande, referenced an email from a City of Indio council member that states La Quinta was aware of what was happening with the gate. She also commented on trash being left in her yard, and a note being left under her door telling her to be quiet. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS Eunice Lovi, Director of Planning for SunLine Transit Agency, introduced Brent Boyd, 2276 Fenway Park, San Diego, of Transportation Management Design, who gave a brief presentation on the Comprehensive Operational Analysis. Council Member Osborne suggested Sun Line include service along Fred Waring Drive. Council Member Henderson suggested Sun Line make a presentation to the School Boards. _.~~._-- - City Council Minutes 3 October 18, 2005 WRITTEN COMMUNICATIONS 1 . CORRESPONDENCE FROM THE LA QUINT A CHAMBER OF COMMERCE REGARDING A REQUEST FOR EXPANSION OF LEASE SPACE - DATED OCTOBER 10, 2005. In response to Mayor Adolph, Building & Safety Director Hartung stated the Chamber originally requested to use the classroom one night a month for meetings but have since requested to use the room more often. He reviewed the library areas to be used by the Chamber. In response to Council Member Henderson, Mr. Hartung stated the classroom will accommodate 50 people, and the costs were calculated on one night a month. Ruth Finholt, President of the La Quinta Chamber of Commerce, explained the space is needed for additional meetings. In response to Mayor Adolph, Mr. Hartung indicated the City will provide chairs and tables for the classroom. Robert Sylk, Chamber Executive Board Member, commented on the $40/hour charge increasing their costs about $2,000 a month. He stated the space is needed for meetings and to collate mailings, and that they would give proper notice when wanting to use the room. Council Member Henderson noted the Chamber must have known about the need when they made their initial request to use the facility. She suggested the Chamber come back with something more specific when they are ready to make a commitment on the use. Ms. Finholt stated they can do a calendar but some meetings would be on short notice. Council Member Henderson asked if a smaller room was available for use in the library. Mr. Hartung referenced some small offices adjacent to the classroom but noted they would probably be used for storing the chairs and tables. Council Member Sniff suggested this item be placed on the next agenda for discussion and having the Chamber come back with a calendar of their meetings. He pointed out the City needs to know when the classroom would be available for other uses. City Council Minutes 4 October 18, 2005 Mayor Adolph stated it's his understanding that the Chamber would be willing to have second choice at the room when it's designated for other uses. Council Member Henderson commented on the $40/hour fee being a standard rate charged to any organization. Mr. Sylk indicated the original agreement was worked out with the previous Chamber administration. In response to Council Member Osborne, City Attorney Jenson stated the sign design can be brought back if the Council wants but it would normally be handled by staff with the design subject to the City Manager's approval. Council Member Sniff stated he supports letting the City Manager approve the sign design. Council Member Osborne concurred. In response to Council Member Sniff, Mr. Hartung stated the classroom will be ready to use after the library project is accepted, which is expected to be on the next Council agenda. He indicated the Chamber is in the process of designing their tenant improvements, and he expects their lease to begin December 1 st, Joe Broido, 77-510 Calle Nogales, questioned how the lease came, about, and why the facility is being rented for approximately 50 cents per square foot to an organization that takes positions on political issues. Mayor Adolph explained the lease was approved during an open Council meeting, and asked staff to provide Mr. Broido copies of the meeting minutes. Council concurred to direct staff to place this matter on the next agenda as a business item. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of October 4, 2005, as submitted. Motion carried with Council Member Perkins ABSENT. - -- -- -------- -- --- ~.._.. --- -- - --- City Council Minutes 5 October 18, 2005 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 18, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT FOR THE PERIOD ENDING AUGUST 31, 2005. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT FOR THE PERIOD ENDING AUGUST 31, 2005 AND THE INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2005. 4. APPROVAL TO AMEND THE FOOD AND BEVERAGE LICENSE AGREEMENT FOR SilverRock RESORT. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33609, RICHARD M. BAKER, OWNER. (RESOLUTION NO. 2005-075) 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33654, LINDA E. TENNEY AND WILSON D.K. LINDSAY. (RESOLUTION NO. 2005-076) 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33415, LUCANO S. CORONEL, OWNER. (RESOLUTION NO. 2005-077) 8. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28961 , INNOVATIVE COMMUNITIES AT PGA WEST. 9 . ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28738, INNOVATIVE COMMUNITIES AT PGA WEST. 10. APPROVAL OF FIRST SOURCE HIRING AGREEMENT WITH THE WORKFORCE DEVELOPMENT CENTERS OF RIVERSIDE COUNTY. 11 . DENIAL OF CLAIM FOR DAMAGES FROM OFELIA GARCIA - DATE OF LOSS: FEBRUARY 17, 2005. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL NEW LAW AND ELECTION SEMINAR TO BE HELD IN MONTEREY, CALIFORNIA DECEMBER 7-9, 2005. City Council Minutes 6 , October 18, 2005 13. APPROVAL OF ADDITIONAL FUNDING TO COMPLETE INSTALLATION OF THE BEAR CREEK TRAIL PLAQUES, CAPITAL IMPROVEMENT PROJECT NO. 1750. 14. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 33076-2, MADISON CLUB, EAST OF MADISON, LLC. (RESOLUTION NO. 2005-078) 15 . APPROVAL OF AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH M. W. STEEL GROUP INC., FOR ARCHITECTURAL SERVICES FOR THE MUNICIPAL LIBRARY, PROJECT NO. 2000-06. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended with Item Nos. 5-7 and 14 being approved by RESOLUTION NOS. 2005-075 through 2005-078 respectively. Motion carried with Council Member Perkins ABSENT. BUSINESS SESSION 1 . CONSIDERATION OF THE JOINT POWERS AGREEMENT CREATING THE COACHELLA VALLEY CONSERVATION COMMISSION. Community Development Director Evans presented the staff report. In response to Mayor Adolph, City Attorney Jenson briefly outlined changes in the agreement, and stated she is comfortable with the document legally. She pointèd out the agreement is independent of the plan, and that the City can withdraw from the JPA with a gO-day notice. There could, however, be continuing obligations for assessments that accrue during membership in the JPA. She also noted there will be expenses associated with implementation of the plan, and potential for assessments against the City without the City's consent. She referenced limitations on reimbursement rights should the City be found negligent or guilty of willful misconduct in implementing the plan. In response to Council Member Henderson, Ms. Jenson stated she believes the reference on Page 5, "for identification purposes only," is related to the December 1 st date. Regarding "has or shall" on Page 6, she believes the intent was to cover those who have or will be considering approval of the plan. As for quorum requirements on Page 18, she confirmed the language allows the JPA to continue conducting business if someone leaves and a quorum is no longer present. She noted that would be a Brown Act issue. --- "---..-- --- ----~ City Council Minutes 7 October 18, 2005 Council Member Sniff questioned the County being able to draw from a pool of officials for an alternate. Ms. Jenson advised that would be a policy issue, and could be addressed under the by-laws if the members agree. Council Member Sniff indicated he prefers having it defined upfront. Council Member Henderson suggested a letter be attached, if the agreement is approved, outlining the Council's concerns about some of the language. She indicated she is not opposed to going forward with this but feels CV AG should know the Council's concerns. She inquired about the approval process for the plan, and noted staff is protesting the speed of that process. Ms. Jenson stated CVAG is the lead agency, and will approve the certification and the plan. The plan will then be forwarded to each city for action. In response to Council Member Henderson, Mr. Evans stated staff has requested a 45-day review period to provide adequate time to review the plan. He indicated his ability to review the document in the timeframe proposed by CV AG would depend on how much time the City wants him to spend on it along with his other duties. Council Member Henderson asked if staff is aware of any major transportation issues being in jeopardy of losing funding if the approval process is delayed. She also asked how assessments would apply to the JPA. Mr. Evans stated he is not aware of any in jeopardy, and noted the October 28th release date for public comment could change because new language is still being negotiated. As for assessments, he stated they could come from such things as litigation for taking of private property rights or employee work injuries, or the cost of fronting land acquisitions. Ms. Jenson noted assessments could be used any time the Commission needs money, such as shortfalls in its operating budget. Council Member Sniff voiced concern about agreeing to this upfront because the City could be assessed without a vote if it has withdrawn from the JPA. He also inquired about the per-acre mitigation fee. City Council Minutes 8 October 1 8, 2005 Mr. Evans stated the final plan will have a revised fee, and he has heard it will probably be $4000/acre. He confirmed the potential for the fee being increased in the future. Council Member Sniff voiced concern about the Commission being able to modify the fee without the City's consent, and how the fee might stifle development. Mayor Adolph questioned the Commission doing that because the fee will be the same in every city. Council Member Henderson stated she feels the best way to achieve open space is to buy it from property owners at a fair-market value, and commented on that funding coming through development. Council Member Sniff stated he feels the primary purpose of the fee is to slow development. Mr. Evans confirmed the fee will be valleywide and cover more than the conservation zone. He added the fees would normally be used to buy property within the conservation areas. Council Member Sniff inquired about the term, duties, and powers of the commissioners, and noted the City could be out-voted when the by-laws are adopted. He referenced the potential for Congress making changes to the law, and questioned the need to rush the timeframe to join if there is a good chance the City might withdraw. He noted the document fails to comment on the frequency of meetings and appointment of a vice-chair position. In response to Council Member Sniff, Mr. Evans stated if the nine cities approve the plan, CV AG will call a meeting, and that group will start to discuss some of the issues before a permit is issued by Fish & Wildlife. Council Member Sniff asked if any of the other cities have dealt with this yet, to which Ms. Jenson responded that she is not aware of any. He also questioned who the working staff would be, who would pay them, and where they would meet. Mr. Evans indicated the cost could be an assessment and, that they would probably meet at the CV AG offices initially. Council Member Sniff commented on the effect this could have on development and future annexations, and asked why staff is in favor of this at this time. He also asked what the direct benefit would be to La Guinta. City Council Minutes 9 October 1 8, 2005 Mr. Evans stated he feels the key benefit is being at the table when the JPA considers all of the questions raised today. He noted the Commission is the appropriate body to make some of the needed changes, and that the City will have two or three months to know whether or not it wants to participate in the plan. Council Member Sniff commented on the need to get things straight before jumping in. Council Member Osborne stated he has some concerns about the plan and the rush to get it approved. He agrees with having a 45-day review period to make sure the previous major issues have been addressed. Ms. Jenson stated she has no recommendation on the plan, and that her comfort level on this document is not related to the plan. Mayor Adolph stated he agrees with going on record with the Council's concerns. Council Member Henderson stated she feels it's beneficial for the City to be at the table, and is prepared to approve the agreement. Mayor Adolph and Council Member Osborne concurred. In response to Council Member Sniff, Ms. Jenson stated "fair and reasonable" would be a determination made by three-fourths of the member agencies. If it goes to arbitration, the costs would normally be split upfront but can be amended by the arbitrator. Council Member Sniff commented on the County having five votes for bond issues, and the need for the Commission to make prompt reimbursements when cities have to expend their own funds for what would otherwise be the Commission's obligations. In response to Mayor Adolph, Ms. Jenson stated if the Council wishes, they can approve the agreement and authorize staff to include a letter with suggested clarifications. Regarding the quorum issue, she stated the City can indicate that it doesn't intend to operate in that setting and questions it being allowed under the Brown Act. Council Member Sniff requested staff monitor the process, and give Council 30 days notice to consider withdrawal from the JPA. City Council Minutes 10 October 18, 2005 City Manager Genovese stated the City would easily be able to withdraw when the permit is issued by Fish & Wildlife. Mr. Evans pointed out the City would have to approve the plan to be an official member once a permit is issued. He further noted that all of the cities have to approve the plan for it to go forward. In response to Council Member Sniff, Mr. Genovese confirmed a staff member would be allowed to accompany the appointed representative. MOTION - It was moved by Council Members Henderson/Osborne to: 1) approve the Joint Powers Agreement (JPA) creating the Coach ell a Valley Conservation Commission (CVCC); 2) appoint Council Member Sniff as the representative and Council Member Osborne as the alternate; and 3) authorize the Mayor to sign the agreement. Motion carried with Council Member Perkins ABSENT. MOTION - It was moved by Council Members Henderson/Sniff to authorize the City Attorney to prepare a letter under the Mayor's signature to be sent to CVAG expressing the Council's concerns as voiced today and to send a copy of the letter to all potential agency members and their city attorneys. Motion carried with Council Member Perkins ABSENT. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson distributed copies of the plot plan for the new facility, and announced the grand opening will be December 8th. She indicated the Friends of the Animal Campus have committed $6,000 toward an automatic watering system that wasn't included in the original plans, and will raise funds to reimburse the County for the balance so the system can be installed now. CV AG Public Safety Committee - Council Member Henderson reported the Committee discussed emergency preparedness at their last meeting. Chamber of Commerce Workshop/Information Exchange Committee - Council Member Osborne commented on the Chamber having a number of new subcommittees, and stated the Chamber is considering putting on a hot air balloon festival next year. ~ -- ------- ----- ------ ~.~-~-,_..,." ----- _.- ----- _.. _. ..-- -----.- ---- City Council Minutes 11 October 18, 2005 C. V. Mosquito & Vector Control District - Council Member Henderson noted Council Member Perkins' position on the District is a five-year appointment, and asked staff to find out if there would be a problem having someone fill in for him. Jacqueline Cochran Regional Airport Authority - Council Member Osborne reminded everyone that the air show will be held November 5th with a dinner the evening before. League of California Cities - Council Member Henderson reported the League voted 135 to 124 to support Proposition 76. Palm Springs Desert Resorts Convention & Visitors Authority - Council Member Henderson announced the new executive director will begin Monday, October 31 st. She also referenced reports indicating each City's contribution to the CV A has exceeded the budget submitted to them through the end of month, and that the CV A was instrumental in booking 15,146 hotel room nights at the La Quinta Hotel from January through September. Mayor Adolph stated he has forms for anyone that would like to recommend an individual for the Annual Palm Springs Desert Resorts Hospitality Achievement A wards. He noted the purpose of the awards is to honor individuals throughout the Desert who have displayed excellence in one of the seven categories. San Jacinto/Santa Rosa National Monument Advisory Committee - Council Member Henderson encouraged everyone to attend the video debut on Thursday. Riverside County Library - Mayor Adolph commented on some landscape and irrigation issues that need to be addressed at the new library. Building & Safety Director Hartung indicated the contractor has been given a list of items to address. Additionally, the flooding near the gazebo is being worked on but not part of the library contract. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Attorney Jenson advised a closed session item will be on the next agenda for the Vista Dunes litigation. She understands the last of the plaintiffs has qualified for a Second Trust Deed. She also reported that the Arts Alliance case is expected to be shifted to Orange County. City Council Minutes 12 October 18, 2005 MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING CONSOLIDATION OF THE COMMUNITY SERVICES AND CULTURAL ARTS COMMISSIONS. Council Member Sniff questioned it being appropriate to discuss an item that has been tabled. City Attorney Jenson advised the Council may discuss why they might want to have the item placed on the next agenda to consider taking it off of the table. Council Member Osborne voiced concern about the commissions not meeting and the effect it could have on the holiday events. He would like to have it on the agenda in some form to try to find something the Council can agree on. Council Member Sniff stated he believes the only thing that can come back is the ordinance establishing a new commission. Council Member Henderson noted Council can discuss other options if the item is taken off of the table. In response to Council Member Henderson, City Manager Genovese confirmed the regular holiday programs will still take place, and noted the commissioners could be asked to participate. Council Member Osborne requested a business item be placed on the next agenda to consider taking the Community Services and· Cultural Arts Commissions issue off the table. * * * * * * * * * * Council Member Osborne announced he has been officially appointed to the Riverside County Property Tax Apportionment Commission, and will represent the Fourth District. * * * * * * * * * * Council Member Henderson reported the Desert Sun will be doing a quarterly magazine on La Guinta called "LG," and it will be in the newspaper and mailed to non-subscribers. ~--- City Council Minutes 13 October 18, 2005 * * * * * * * * * * City Manager Genovese commented on the possibility of coming back with a proposal for Kiner Communications to assist in preparing a business location map along Highway 111, Washington Street, and the Village. Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS The Mayor and Council Members presented art awards to the following students of the Boys and Girls Club whose artwork has been displayed at City Hall: Ivanisa Alvarado Cassandra Cobian Caitlin Crawford Landon Duarte Joann Garcia Tabitha Henderson Alexia Hernandez Elizabeth Hotz Alexis Lozano Tyler McCallon Gabriela Moya Mariana Nandayapa Valeria Nandayapa Briana Nunez Tori Pavia Melina Pechous Elisa Polanco Rosalia Ramos Briana Rivera Christianna Rodriguez Remington Steele Danielle Tamez Kristen Vargas Rayna Willis Tara Willis Juliana Zamora PUBLIC HEARINGS 1 . CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING: 1) AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 97-337; AND 2) SPECIFIC PLAN 97-029 AMENDMENT NO.4, A REQUEST FOR A NEW DRIVEWAY ACCESS ON ADAMS STREET, A CHANGE OF THE INTERNAL CIRCULATION, AND RETENTION BASIN REDESIGN FOR THE PROPERTY LOCATED EAST OF ADAMS STREET, SOUTH OF AUTO CENTRE DRIVE. APPLICANT: STAMKO DEVELOPMENT CO. City Council Minutes 14 October 18, 2005 Community Development Director Evans referenced a supplemental memo regarding changes to conditions of approval. Principal Planner Baker presented the staff report and outlined the changes to the conditions. In response to Mayor Adolph, Mr. Baker confirmed parking in the potential new roundabout will not be allowed. Council Member Osborne requested clarification on the additional language in Condition No. 58. Mr. Evans explained the existing Development Agreement . areas are subject to a DIF formula based on acreage, and the areas outside of the Development Agreement will be subject to the standard DI F. In response to Council Member Osborne, Mr. Baker stated the traffic signal at Avenue 47 and Adams Street was approved prior to the General Plan Update in 2002. In response to Council Member Sniff, Mr. Evans stated the new street will have two lanes, and be constructed when the first site development permit is approved or when the developer requests to construct the street. Council Member Henderson stated she feels the proposal is far better than the current traffic facilitation. Mayor Adolph voiced safety concerns about adding an additional driveway on Adams Street because of the speed of traffic. Mr. Baker noted the project is conditioned to construct a deceleration lane. Mayor Adolph stated he would also want to see some type of blending lane for traffic turning north onto Adams Street. He questioned the need for an additional driveway until further development takes place. In response to Council Member Sniff, Mr. Baker stated the distance between the new driveway and Avenue 47 is 400 feet, and the distance between Avenue 47 and Highway 111 is over 500 feet. Council Member Henderson stated she feels if speeding is a problem on Adams Street that it should be addressed, and noted a traffic signal at Avenue 47 and Adams Street will slow traffic. Council Member Sniff asked if the new street will be wide enough to accommodate parking. ~.~~~-~-_._.~----~,_._._- - -_. ~ .~--_...._._-- ~_. ---,------- -~-- --- -- City Council Minutes 15 October 18, 2005 Assistant City Engineer Speer stated the intent was not to allow on-street parking because the parking lots are typically sized to accommodate parking. Council Member Sniff suggested making the street wide enough to accommodate any future need for on-street parking. Council Member Osborne concurred. In response to Mayor Adolph, Mr. Speer confirmed the auto dealers are supposed to provide on-site parking for their employees. Council Member Sniff noted they have to use the street for parking because they have outgrown their sites. Council Member Henderson suggested an alternative would be to revisit the parking requirements and require the auto dealers to provide on-site parking. She feels the street would be better served and safer without on-street parking. Council Member Osborne stated he feels parking on the street should be allowed if the street is wide enough. In response to Council Member Henderson, Mr. Evans stated staff is proposing that the street design be delayed until the first site development permit is evaluated and land uses have been determined. He feels it would be better for the individual uses to provide on-site parking. He confirmed an additional driveway on Adams Street is allowed under the specific plan but the applicant doesn't want to construct the street until the land uses are known. In response to Council Member Osborne, Mr. Evans stated he believes the Mazda site is adequately designed to accommodate on-site parking, unless the manufacturer requires them to accept 50% more new vehicles. The Mayor declared the PUBLIC HEARING OPEN at 7:44 p.m. In response to Council Member Osborne, Chris Clarke, the applicant, stated Auto Centre Way is already being used for parking by the auto dealers. She pointed out no parking is allowed on La Quinta Drive, and stated she wishes it was the same for the other streets. She also noted the auto dealers failed to purchase enough land to accommodate their current situation. She agrees the new street should not be designed until the land uses are known, and is in agreement with the staff report. City Council Minutes 16 October 18, 2005 In response to Council Member Henderson, Ms. Clarke stated she feels the street-parking problem is due to their success and how the manufacturers are dealing with them. Council Member Henderson suggested the auto dealers purchase some additional land for a parking lot. Ms. Clarke stated employees at the auto mall in Cathedral City are required to park in a back parking lot. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:54 p.m. Council Member Sniff commented on the possibility of putting a parking lot on part of the remaining acreage. Council Member Henderson stated she feels that is something the auto dealers should think about and be responsible for. Council Member Sniff stated he wasn't advocating the City pay for everything but feels a long-term solution is needed. RESOLUTION NO. 2005-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING AN ADDENDUM TO A SUPPLEMENTAL EIR (SCHEDULE NO. 97011055) FOR ENVIRONMENTAL ASSESSMENT 97-337 . (STAMKO DEVELOPMENT CO.). It was moved by Council Members Osborne/Sniff to adopt Resolution No. 2005-079 as submitted. Mayor Adolph stated he will support the additional driveway as long as the street is not constructed until the land uses are known. Motion carried with Council Member Perkins ABSENT. RESOLUTION NO. 2005-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING AMENDMENT NO.4 TO SPECIFIC PLAN 97-029 (CENTRE AT LA QUINTA - STAMKO DEVELOPMENT CO.). --------."--. _.._--~_.._.._._-_..- ----- City Council Minutes 17 October 18, 2005 It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-080 as amended (deleting Condition No.5; modifying Condition No. 58 to read, ".....building permits(s) or pursuant to the terms of the Development Agreement for the property described in the existing legal description contained in the Development Agreement"; and modifying Condition No. 38(A)(3) to read, ".....applicant is responsible for 50% of the cost...."). Motion carried with Council Member Perkins ABSENT. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2005-543, AND APPROVING TENTATIVE TRACT MAP 33444, A SUBDIVISION OF 317.61 ACRES INTO 219 SINGLE FAMILY, OPEN SPACE, AND OTHER MISCELLANEOUS LOTS FOR THE PROPERTY LOCATED WEST OF JEFFERSON STREET, SOUTH OF QUARRY RANCH. APPLICANT: CORAL MOUNTAIN TRAILS LLC. Community Development Director Evans referenced a memo with amended language for Response 4 of the environmental assessment. The staff report was presented by Principal Planner Baker and Planning Manager Johnson. In response to Council Member Sniff, Mr. Johnson stat~d the property elevation is approximately 52 feet at the perimeter, and 178 feet at the most-southerly lot. In response to Council Member Henderson, Mr. Johnson reviewed changes to the conditions of approval made at the Planning Commission hearing as follows: Condition No. 38 has been amended to stipulate the owners of the lots in the Quarry shall be made aware of the grade differential; Condition No. 52 was amended to include "....prior to recordation of the final map"; Condition No. 58 was modified to clarify the utilities serving Coral Canyon and addressing existing utility lines; Condition No. 62(A) was amended to include, "... .in a form and content statisfactory to the Public Works Director and the City Attorney..."; Condition No. 66(B) was amended to clarify the emergency entry is a secondary exit only; and Condition No. 71 was modified to make it clear no certificate of occupancy will be issued until a contract has been awarded for the Jefferson Street construction. Mr. Evans stated he spoke to the neighboring property owner about the grade differences. He noted all of the lots are owned by one individual or builder, and the same owner that will make the decision on a new sewer easement that would allow the lots to be lowered. City Council Minutes 18 October 18, 2005 Council Member Osborne inquired about the size of the lots, and drainage for the lots adjacent to the mountains. He wants to make sure a plan exists to get the drainage from the mountain to the drainage channel. Mr. Baker stated there will be a 50-foot wide drainage easement between the lots and the mountains that the developer plans to landscape. The remaining depth of the lots against the easement will be 130 feet. Council Member Osborne commented on a lot of the acreage not being buildable land, and inquired about the average lot size and the setbacks. Mr. Baker stated the estate lots are at least 10,000 square feet, and the others are mostly 8,000 square feet. He stated the specific plan allows a five-foot wide side setback and 20-foot wide front and rear setbacks. Council Member Sniff inquired about the grade differential between the mountains and adjacent lots, and what would be in the drainage easement. Mr. Baker indicated the difference is 185 feet, and the landscaped drainage easement will be designed to carry the water. Mr. Evans noted a channel will take the drainage from the easement to a drainage at The Quarry, and if the final hydrology determines that a 50-foot easement is not sufficient to carry the water, the project will have to be redesigned. Council Member Sniff commented on the need for the easement to be sufficient to handle an ultimate-type storm. Council Member Henderson asked if there is any buildable land outside of the 80 acres. Mr. Evans stated the majority of the open space is very steep, and from a City Code standpoint, impossible to build on. Council Member Henderson stated she isn't comfortable with the current grade differential unless someone can explain why it isn't a huge issue. Mayor Adolph referenced the Council's previous concerns about building in the native habitat area, and stated he wants to make sure there will not be any future requests to build additional houses on this property. He questioned the use of Jefferson Street as the street name because the City hasn't decided on that yet. He stated he is not agreeable to the grade difference at the corner because he is very anti-berms. The Mayor declared the PUBLIC HEARING OPEN at 8:41 p.m. - ------- ----- ..--------- ---_._~. ..- --- ----..------- City Council Minutes 19 October 1 8, 2005 Tom Cullinan, 74-001 Reserve Drive, Indian Wells, representing the applicant, stated he has spoken to the neighboring property owner, and doesn't expect any problem connecting to the sewer and lowering the pads. Council Member Henderson voiced some concern about the project being allowed to move forward with the higher pad elevations just as long as the applicant makes an effort to resolve the issue with the adjacent property owner. She may not want the higher pad elevations, and noted the adjacent property owner is not present to confirm that it's not a problem. Mr. Cullinan commented that he feels the property owner would have attended the meeting if the grade difference was a significant concern. In response to Council Member Osborne, Mr. Cullinan stated they have gone through several plans over the years but the current proposal of 219 homes has been in place for some time, and the 176 figure must have been picked up incorrectly. Regarding the smaller lots at the northeast corner, he explained that area is more like a village with courtyard-type homes and a community fitness center in Lot X. Council Member Osborne voiced concern about the density of that section being too high for that part of the City, and future developments in the area wanting to do the same thing. Mr. Cullinan explained the smaller lots are for more entry-level priced homes as opposed to the estate lots. They believe a strong market exists for bungalow-type homes. In response to Mayor Adolph, Mr. Evans confirmed 0-4 units per acre is considered low-density, and that the project is in compliance with the specific plan. Council Member Henderson asked if the lots will be open to the common areas or fenced. Mr. Evans stated there will be grade differences in some of the areas witb maybe a wall/fence combination, and some areas will need walls to protect the backyards from headlights. He feels the project will have a lot more character than other subdivisions with the same density. Council Member Henderson asked if the project would have been eligible for a density bonus due to the amount of land they are not able to build on. City Council Minutes 20 October 18, 2005 Mr. Evans stated the developer could have taken some of the land out of the hillside. Mr. Cullinan indicated that was never a consideration. Mayor Adolph stated he is pleased with the amount of greenbelt area in the project. In response to Council Member Henderson, Mr. Cullinan reviewed how the equestrian trails will connect to the Boo Hoff Trail. Kay Wolff, 77-227 Calle Ensenada, commented on some of the lots being very small, and stated she assumes the City is obligated to find affordable housing somewhere else in the City. Council Member Sniff noted the number of affordable houses required IS based on the total number of houses built. City Attorney Jenson pointed out the project is not in a Redevelopment Project Area. Ms. Wolff asked if the public would have access to the equestrian trails connecting to the mountains, to which Mayor Adolph responded, "Yes." She commented on berming, and stated she hopes the project will not have high berms around the perimeter. She also referenced the City's Hillside Ordinance, and asked if this project would be higher or lower in the mountain area than The Ouarry. She voiced agreement with the Mayor's comment about the developer not being able to revisit the tract map in the future to build more homes. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:02 p.m. Council Member Henderson noted tile roof lines block the view just as berming does, and indicated she prefers berming and landscaping to a six- foot high wall with a tile roof 10-15 feet on the other side of it. She doesn't feel berming is as bad as fencing and tile roof lines. Mayor Adolph referenced the high berming at The Hideaway, and noted their tile roofs are not near the perimeter. - - ---~~._.__.._---_.__...~_._-- -- -- -- -- - --- -- -.- -- - ~ - -- - -..-- --- -- - -- City Council Minutes 21 October 18, 2005 RESOLUTION NO. 2005-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-543 PREPARED FOR TENTATIVE TRACT MAP 33444 (CORAL MOUNTAIN TRAILS, LLC.) It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-081 as amended (with modified language to Response 4). Council Member Osborne stated he will not support the motion because he feels the project's density is too high for the area. Motion carried with Council Member Osborne voting NO and Council Member Perkins ABSENT. RESOLUTION NO. 2005-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .LA QUINT A, CALIFORNIA, APPROVING THE SUBDIVISION OF 317.61 ACRES INTO 219 RESIDENTIAL, OPEN SPACE, AND OTHER LOTS. (TENTATIVE TRACT MAP . 33444 - CORAL MOUNTAIN TRAILS, LLC.) It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-082 as submitted. Motion carried with Council Member Osborne voting NO and Council Member Perkins ABSENT. ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Sniff to adjourn. Motion carried unanimously. Respectfully submitted, ~ --R:í. ~ JUNE S. GREEK, City Clerk City of La Guinta, California