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2005 12 06 CC Minutes LA QUINT A CITY COUNCIL MINUTES DECEMBER 6, 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 Sniff/Henderson to excuse Council Member Perkins. Motion carried unanimously. PUBLIC COMMENT Ray Oden, 51-240 Avenida Herrera, referred to an email he sent Council with suggestions for the Neighborhood Watch Program, and thanked the City for donating use of the Senior Center for the December 14th meeting. CLOSED SESSION 1. Conference with the City's real property negotiator, Thomas P. Genovese, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Calle Tampico and Desert Club Drive. Property Owner/Negotiators: Santa Rosa Plaza, LLC and Embassy Suites La Quinta. 2. Conference with the City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located southwest of the intersection of Highway 111 and La Quinta Centre Drive. Property Owner/Negotiator: Stamko Development Company. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. City Council Minutes 2 December 6, 2005 PUBLIC COMMENT Ian Rhodes, 43-905 Milan Court, requested an update on the school project on Palm Royale as it relates to his wall. Council Member Osborne indicated he has a potential conflict of interest with this issue and left the dais; City Manager Genovese stated the City is still waiting on correspondence from the School District regarding the grading. Mr. Rhodes voiced concern about nothing being done. Mayor Adolph assured Mr. Rhodes that the City will look into it. Scott Arthur, 43-945 Milan Court, indicated he prefers the construction of a solid wall at the street instead of replacing or adding to the height of his wall. He requested the City come up with a solution that fits everyone's needs. CONFIRMA TIONOF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented the Finance Director and the Finance Department a Certificate of Achievement Award for Excellence in Financial Reporting from the Government Financial Officers Association. * * * * * ** * * * * Sandy Beakey of Windermere Real Estate and Marcia Poitras of Chicago Title presented checks to the City for the "Breakfast With Santa" event. * * * * * ** * * * * Patti Schwartz, Assistant Director of Engineering for the Coachella Valley Water District, gave a brief overview of the proposed Mid-Valley Pipeline project. She referenced the potential for four storm channel crossings in the City to be affected City Council Minutes 3 December 6, 2005 by the construction. The construction is expected to begin In March 2007, with the entire project to be completed within four years. In response to Council Member Sniff, Ms. Schwartz confirmed CVWD will be looking at how the higher concentration of salt in canal water affects golf course turf. * * * * * * * * * * Dick Schroeder, Victoria Bailey, and Brie Gatti, representing the American Cancer Society, gave a brief presentation regarding the Relay for Life charity event to be held March 4-5, 2006. Mr. Schroeder referenced their request to use the Civic Center Campus, at no cost, for a kickoff event on January 28th. Ms. Bailey stated they need to know by tomorrow if they will be able to use the Civic Center Campus so they can include the location and date in their printed material. MOTION - It was moved by Council Members Sniff/Osborne tQ add the funding request by the American Cancer Society to the business session as an urgency matter as the issue came up after posting of the agenda and requires action prior to the next City Council meeting Motion carried with Council Member Perkins ABSENT. ANNOUNCEMENTS Mayor Adolph showed a plaque that he accepted on behalf of the City Council from the American Red Cross organization for the City's donation toward the Hurricane Katrina relief effort. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM THE CITY OF PALM DESERT REGARDING A CHILD CARE FACILITIES IMPACT MITIGATION FEE FOR NON-RESIDENTIAL DEVELOPMENT, DATED NOVEMBER 9, 2005. Council concurred to receive and file the correspondence. APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Osborne to approve the City Council Minutes of November 15, 2005, as submitted. Motion carried with Council Member Perkins ABSENT. City Council Minutes 4 December 6,2005 CONSENT CALENDAR· 1 . APPROVAL OF DEMAND REGISTER DATED DECEMBER 6, 2005. 2. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-01 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDING JUNE 30, 2005. . 3. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NOS. 92-1 AND 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2005. 4. APPROVAL OF FISCAL YEAR 2004/05 CITY OF LA QUINT A DEVELOPMENT PROJECT FEE REPORT. 5. ACCEPTANCE OF LA QUINTA DOWNTOWN PARKING LOT AND LIGHTING IMPROVEMENTS, PROJECT 2003-14, CDBG PROJECT NO. 4LQ029. 6. APPROVAL OF REQUEST FOR APPROVALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THEA VENUE 52 BRIDGE IMPROVEMENTS, PROJECT NO. 2005-02. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32279, MIRAGE AT LA QUINTA, STANDARD PACIFIC COACHELLA VALLEY. (RESOLUTION NO. 2005-093) 8. APPROVAL OF A LEASE AGREEMENT WITH NEXTEL FOR INSTALLATION OF A CELL TOWER AT FIRE STATION 70. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY IDA FREEDMAN - DATE OF LOSS: JUNE 27, 2005. 10. APPROVAL OF OVERNIGHT TRAVEL FOR THE GOLF & PARKS/LANDSCAPE MANAGER TO ATTEND THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA'S INTERNATIONAL GOLF INDUSTRY TRADES HOW AND CONFERENCE HELD IN ATLANTA, GEORGIA FROM FEBRUARY 6-11, 2006. ·11 . ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM WINDEMERE REAL ESTATE AND CHICAGO TITLE FOR THE "BREAKFAST WITH SANTA" EVENT. (RESOLUTION NO. 2005-094) ~-----~_._~- -.~- City Council Minutes 5 December 6, 2005 12. ADOPTION OF RESOLUTIONS REVISING RESOLUTION NUMBER 98-14, REGARDING SOLICITATION OF BIDS AND AWARD OF CONTRACTS FOR PUBLIC WORKS PROJECTS, AND REVISING RESOLUTION NO. 2003-026 REGARDING SOLICITATION AND SELECTION OF FIRMS AND AWARD OF CONTRACTS FOR SERVICES. (RESOLUTION NOS. 2005-095 & 2005-096) 13. APPROVAL OF AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID EVANS AND ASSOCIATES, INC., FOR DESIGN OF THE CITY HALL EXPANSION, PROJECT NO. 2002-01. 14. APPROVAL OF AMENDMENT NO.1 TO THE CONTRACT FOR SERVICES AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND HDR ENGINEERING, INC. TO PROVIDE SERVICES RELATED TO ENVIRONMENTAL COMPLIANCE DOCUMENTATION FOR A SPECIFIC PLAN, ENVIRONMENTAL IMPACT REPORT AND TECHNICAL REPORTS FOR A COSTCO COMMERCIAL CENTER, TO BE LOCATED SOUTH OF HIGHWAY 111 AND WEST OF THE LA QUINT A EVACUATION CHANNEL & JEFFERSON STREET. MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended and with Item Nos. 7, 11, and 12 being approved by RESOLUTION NOS. 2005-093 through 2005-096 respectively. In regard to Item No.8, Mayor Adolph spoke in favor of the cell tower design. Motion carried with Council Member Perkins ABSENT. BUSINESS SESSION 1 . CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2005. Finance Director Falconer introduced Mike Harrison, of Conrad & Associates, who provided a brief overview of the audit. In response to Council Member Osborne, Mr. Falconer stated the $31.5 million listed on Page 20 under Advances to Other Funds, is primarily Project Areas 1 and 2 Debt Service Funds. He indicated approximately $9.7 million of it is accrued interest on the principal advances. In response to Council Member Osborne, Mr. Harrison explained how the accrued interest is accounted for in the audit report, and noted there is City Council Minutes 6 December 6, 2005 sufficient cash in Project Areas 1 and 2 to payoff the interest amount should the Council wish to do that. He confirmed the Unreserved General Fund balance is over $ 31 million. Council Member Osborne referenced the budget versus actual amounts on Page 76, and asked Mr. Harrison about the City's conservative approach. Mr. Harrison responded that he feels it's a management decision. He noted, generally, government offices use a different approach than private business. Mr. Falconer pointed out in this year's budget, the City changed its approach . some as it relates to taxes and interest. In response to Council Member Henderson, Mr. Falconer confirmed the interest included in the principal amount is compounded as it relates to future interest, and would still accrue interest if it was separated out. He noted the Council could decide to convert the interest to principal each year, and gain the advantage of compounding, plus it would bea principal amount. He further noted the Council always. has the discretion to repay the loans, principal or interest, and that might be a thought to consider when adopting next year's budget. Council Member Henderson voiced concern that it might result in future misunderstandings as to the actual amount of the General Fund loans to the RDA. She referred to a statement on Page IV regarding annual revenues being less than expenditures at build-out of the City, and commented on the importance of fiscal responsibility. She also commented on the likelihood of the State attacking the Redevelopment Agency funds. She inquired about the net asset increase amount of $38 million listed on Page 3, and any unfunded pension, vacation, or sick leave. Mr. Falconer explained the amount on Page 3 includes both governmental and business-fund types. As for vacation and sick leave, the City has a maximum amount that employees Can accrue, and pays the balance annually to avoid paying at a higher hourly rate when the employee leaves employment. The latest actuarial pension information on Page 63 shows the City 89.2% funded as of June 30, 2003, and he noted the City, currently, does not offer post retirement medical benefits. City Manager Genovese explained it's not an unfunded liability but an actuarial study that the City catches up with as part of its PERS contribution. Council Member Henderson asked if there is a way to det~rmine how much of the motor vehicle fee amount listed on Page 11 is due to the new formula. ~~..- ---.--.- City Council Minutes 7 December 6, 2005 Mr. Falconer stated he would come back with an analysis but believes the City received approximately $200,000 more under the new formula. He confirmed the amount will continue to be shown under Vehicle License Fee. Council Member Sniff complimented staff and the auditing firm on the report, and stated he is pleased with the City's conservative approach. Mayor Adolph concurred. MOTION - It was moved by Council Members Henderson/Sniff to approve and receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2005. Motion carried with Council Member Perkins ABSENT. Council concurred to take up Item No. 10 at this time (added as an urgency matter) . 10. CONSIDERATION OF APPROVAL OF A FUNDING REQUEST FROM THE AMERICAN CANCER SOCIETY RELAY FOR LIFE. 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 approve a funding request from the American Cancer Society Relay for Life for facility use fees for the Civic Center Campus on January 28, 2006. Motion carried with Council Member Perkins ABSENT. 2. CONSIDERATION OF RESIGNATION OF CULTURAL ARTS COMMISSIONER AND REQUEST FOR REAPPOINTMENT. 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/Sniff to accept the resignation of Andrea Gassman from the Cultural Arts Commission, effective immediately, and to appoint her to the Community Services Commission for the balance of the term expiring June 30, 2007. In response to Council Member Osborne, City Manager Genovese confirmed the Commission is scheduled to meet in December. Motion carried with Council Member Perkins ABSENT. City Council Minutes 8 December 6, 2005 3. CONSIDERATION OF A PRELIMINARY COST ESTIMATE AND POTENTIAL OPTIONS FOR ESTABLISHMENT OF STREET IMPROVEMENT MODIFICATIONS TO INCLUDE A DECELERATION/RIGHT-TURN LANE AND ALTERNATIVE ACCESS CONFIGURATION AT 47-657 CALEO BAY DRIVE. Community Development Director Evans recommended this item be continued to allow residents of the Lake La Quinta development to be in attendance,for the discussion. MOTION - It was moved by Council Members Sniff/Osborne to continue this item to December 20, 2005. Council Member Henders'on questioned the need for a continuance. After a brief discussion, Council concurred to continue the item. Motion carried with Council Member Perkins ABSENT. 4. CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE GREEN PATH PROJECT. City Manager Genovese presented the staff report. Council Member Henderson inquired about the impacts to the Valley. Mark Weber, representing Imperial Irrigation District, stated the visual impact is difficult to answer until a study is done but the intent is not to have anything significantly different than vyhat currently exists. Council Member Henderson indicated she is uncomfortable adopting a resolution when the potential exists for liD to install poles in two years that the City didn't expect. Mr. Weber stated the resolution is not necessary but does demonstrate that liD made the presentation, and the City agrees with it. Council Member Henderson suggested providing a letter of approval instead, which Mr. Weber indicated would be acceptable. Council Member Sniff agreed the safer thing is to provide a letter indicating conceptual approval of the program. - -----..--- City Council Minutes 9 December 6, 2005 MOTION - It was moved by Council Members Sniff/Osborne to direct staff to send a letter under the Mayor's signature indicating conceptual support for the program. Council Member Osborne stated he will support the letter, and that his only concern is how the program may impact the City. He added Rick Daniels has indicated a willingness to serve on the liD Advisory Committee. City Manager Genovese noted it's not a City appointment, and therefore, does not need to be placed on a future agenda. Motion carried with Council Member Perkins ABSENT. 5. CONSIDERATION OF APPROPRIATION OF FUNDING AND AWARD OF THE FISCAL YEAR 2003/2004 TRAFFIC SIGNAL IMPROVEMENT PROGRAM, PROJECT NO. 2003-15. Public Works Director Jonasson presented the staff report. Council Member Osborne commented on the engineer's estimate being off by 70%, and stated he hopes David Evans & Associates will not be used in the future if they are going to continue making such mistakes. Council Member Henderson asked if the appropriation amount should be higher to keep staff from having to bring this back. Consultant Nick Nickerson stated it will have to come back anyway because of modifications to the agreements with the City of Indio and Desert Sands Unified School District. In response to Mayor Adolph, Mr. Nickerson stated he believes the need for the traffic signal is understood by the other agencies, and that the City of Indio just has concerns about the cost. MOTION - It was moved by Council Members Sniff/Henderson to 1) appropriate an additional $44,806 from unassigned tnfrastructure funds; 2) award a contract in the amount of $371,199 to DBX, Inc. to construct the improvements contingent upon the City of Indio and Desert Sands Unified School District (DSUSD) subsequent approval of additional funding toward the project; and 3) authorize the City Manager to execute Agency-State Master Agreement 000431 and Program Supplemental Agreement OB27 providing State funding in the amount of $225,630 toward the construction phase of Project No. 2003-15, Fiscal Year 2003/2004 Traffic Signal Improvement Program. Motion carried with Council Member Perkins ABSENT. City Council Minutes 10 December 6, 2005 6. CONSIDERATION OF GOLF TOURNAMENT PARTICIPANTS FOR THE JIM MURRAY SilverRock ALUMNI CHALLENGE. City Manager Genovese presented the staff report. After a brief discussion, Council concurred to give the City Manager discretion in determining use of the golf foursomes and tables for 12. MOTION - It was moved by Council Members Sniff/Henderson to give the City Manager discretion in determining use of the Title Sponsorship entitlements. Motion carried with Council Member Perkins ABSENT. 7. CONSIDERATION OF MEMBERSHIP STATUS IN RELATION TO THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. 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 Sniff/Henderson to continue consideration of this matter to November 7, 2006 for possible action. Motion carried with Council Member Perkins ABSENT. 8. CONSIDERATION OF CITY COUNCIL REORGANIZATION. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Henderson suggested this item be continued. to the first meeting in January 2006, to coincide with the Redevelopment Agency reorganization. Council concurred. MOTION - It was moved by Council Members Henderson/Osborne to continue the City Council Reorganization to January 3, 2006. Motion carried with Council Member Perkins ABSENT. 9. CONSIDERATION OF A CITY COUNCIL RETREAT/WORKSHOP. City Manager Genovese presented the staff report. ~-~----~- City Council Minutes 11 December 6, 2005 Councìl Member Osborne suggested holding a City Council Workshop on a Saturday as early as possible in February. He further suggested using a facilitator, and that City Council Goals be on the agenda. He noted the workshop could be held in the Council Chamber or the Senior Center. Council Member Sniff questioned a workshop being of any value, and the need· for a facilitator. Council Member Osborne stated he believes a workshop would provide an opportunity for a more-in-depth discussion of City Council goals in a timeframe that is not rushed with other items on the agenda. He would also like to have public participation and receive input from the departments. He added he feels a facilitator would help accomplish all of this in a timely manner. Council Member Sniff questioned the use of a facilitator for the SilverRock branding sessions accomplishing anything. Council Member Henderson spoke in support of having a workshop on a Saturday at the Senior Center. She suggested having community input for a set period of time, followed by City Council discussion. She stated she doesn't feel a facilitator is necessary, and noted if Council finds one is needed, a facilitator can be hired next time. Mayor Adolph stated he doesn't object to opening it up to the public but is not sure how much public will attend on a Saturday. Council Member Henderson agreed but stated she feels the Council should give it a try and start with public comment from 9:00 to 10:00 a.m. She suggested the agenda consist of the annual financial review and City Council goals. Mr. Genovese indicated staff will advertise the workshop In The Gem and the next City Report. Council concurred to schedule the workshop for February 18, 2006. MOTION - It was moved by Council Members Osborne/Henderson to direct staff to organize a City Council Workshop for February 18, 2006. Motion carried with Council Member Perkins ABSENT. STUDY SESSION - None City Council Minutes 12 . December 6, 2005 REPORTS ANDINFORMA TIONAL ITEMS . Animal Campus Commission -:- Council Member Henderson indicated she will not be able to attend the December meeting because ofa LAFCO meeting the same day. CV AG Human & Community Resources Committee -Council Member Osborne reported the· Committee is looking to propose an ordinance in January for cities to adopt regarding the tobacco control project. He indicated he has some concerns about the issue because he feels tobacco is already well controlled. He added the Committee is continuing to discuss the issue of overnight shelters fOJ the homeless. CV AG Ex~cutive Committee - Mayor Adolph stated public meetings are scheduled for January 3-5, 2006, for the Multi-Species Habitat Conservation Plan. Once the Plan goes back to the Executive Committee on January 16th, it will be forwarded to the cities to consider for adoption. City Manager Genovese asked if Council would like to reconvene the ad hoc committee, and have Council Members Henderson and Sniff attend the meeting with the City Attorney and the Community Development Director. Council concurred. Mayor Adolph indicated the Executive Committee has also approved a funding request by the City of Indio to rebuild Monroe Street. He added it will not take away from other projects. League of Californiá Cities- Council Member Henderson referenced material she has forwarded to staff from the last Board meeting regarding: California Communities Joint Powers Authority; CAL TRUST, which is a pooled investment similar to LAIF; and bulk purchasing by California cities. She recommended staff· provide a brief report on the current status of the telecommunications issue, and indicated ·the League is asking cities to send a letter to the Governor regarding Proposition 42. She also commented on Redevelopment Agency funds being high priority for the State this next year. San Jacinto/SantaRosa National Monument Advisory Committee - Council Member Henderson reported the children's book, "A Monument to Treasure," is now available at the Visitors Center on Highway 74, and suggested the City purchase a few copies for the new library. She indicated the City now has a CD with the monument's official logo to use for printed/marketing material. She also referenced some material included in the Budget Reconciliation Bill that some __u __.. _~_. _" _ City Council Minutes 13 December 6, 2005 believe will allow claimholders with mining rights to purchase land for $1 ,OOO/acre, then sell it to a developer. She indicated she recommended the cities determine how they stand on the issue, and will provide material to Council so they can determine if they want this to come back as a business item. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS In response to Council Member Osborne, Public Works Director Jonasson stated he does not have a schedule for completion of the perimeter wall at SilverRock but the gates and wrought-iron fencing are currently being manufactured. Regarding the condition of the golf course, he stated he feels it's in the best condition ever right now, and noted the monument signs have been installed. The City 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 La Quinta Middle School whose artwork has been displayed at City Hall: Brigette Cochran Ileana Escamilla Briana Estrada Gilberto Garcia Cameo Johnson Vivian Nguyen Lexus Oswald Martin Peña Gustavo Ramos Kristin Raymond Taylor Robey Katie Smith Marisol Valencia Alejandra Villanueva Amanda Watson PUBLIC COMMENT Ira Boiko requested an update on the gate at the Indian Springs Apartments on Vista Grande. City Council Minutes 14 December 6, 2005 Public Works Director Jonasson stated staff has received documents from the City of Indio and is reviewing them. The environmental documents seem to indicate the gate was intended to be an emergency gate, and the County has indicated they will install the gate as it was before the street construction. He added the paving has to take place before the gate can be reinstalled. Mayor Adolph asked if the graffiti mentioned at the last City Council meeting has been removed, and Ms. Fahnestock in the audience replied, "Yes." Mr. Boiko asked if the City of Indio has to get approval from La Quinta if they want to change the access. City Attorney Jenson stated she believes anew environmental review would be required to change the use of the gate and to get an encroachment permit. . Mr. Jonasson stated he understands an encroachment permit would be needed. PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2005-838, CONDITION NOS. 35 AND 40(a)~ APPELLANT: WASHINGTON 111 , lTD. Mayor Adolph noted the applicant has requested this item be continued. MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for the appeal by Washington 111 Ltd. to December 20, 2005. Motion carried with Council Member Perkins ABSENT. 2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1 ) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2005-537; "AND 2) APPROVAL OF TENTATIVE TRACT MAP 33085 TO SUBDIVIDE 4.3 ± ACRES INTO SEVEN RESIDENTIAL lOTS lOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE. APPLICANT: CORE HOMES, LLC. Associate Planner Nesbit presented the staff report. -~--- --~~ --------...------ City Council Minutes 15 December 6, 2005 Council Member Henderson inquired about the location of the second row of trees as it relates to the perimeter wall. Mr. Nesbit indicated they are on the outside of the wall. In response to Mayor Adolph, Mr. Nesbit explained the picket fence marked on the plans is split-rail fencing. Public Works Director Jonasson stated the configuration of Madison Street will be consistent with the existing street to the south, and the conditions of approval require the street widening to take place within one year of recording the map. Mayor Adolph commented on the Avenue 58 improvements being bonded for but not yet completed, and stated he wants to make sure that doesn't happen here. Council Member Henderson noted Condition No. 53(A)( 1) references the possibility of full Madison Street improvements being deferred, and asked how that reconciles with the one year requirement. Mr. Jonasson stated simultaneous development of an adjacent property may be anticipated. Council Member Henderson agreed it's good to try to coordinate it. The Mayor declared the PUBLIC HEARING OPEN at 7:27 p.m. David Turner, 77-899 Wolf Road, Palm Desert, of C. V. Engineers, stated they will bond for the street improvements, and complete them within one year. In response to Council Member Sniff, Mr. Turner stated the citrus trees are 30-40 years old, and they will try to save them in place for a buffer. Robert Smith, 51-425 Madison Street, indicated his property is immediately south of the project, and suggested one-acre lots would be more appropriate to conform to surrounding development. He noted the Planning Commission did not approve the project initially. He also commented on the age of the trees, and voiced concern about how replacement of dead trees will be dealt with after the development is built. In response to Mayor Adolph, Community Development Director Evans confirmed the project is consistent with current zoning. He noted the surrounding property has been subdivided into larger lots at the choice of the developer and not as a code requirement. Mr. Turner stated the applicant intends to keep as many of the trees as possible, and the CC&Rs will City Council Minutes 16 December 6, 2005 address the trees in the landscaping. He pointed out the current zoning of the surrounding properties would allow the properties to be subdivided into two units per acre should the property owners choose to do so. Mr. Evans advised of a clerical error in Condition No. 59, wherein a reference to Condition No. 18 should read, "No. 17." He added the details of the citrus trees will be addressed under the final landscape plan. In regard to completion of the street improvements, Mr. Jonasson stated the one-year timeframe is not specif!cally mentioned but Condition No. 27 gives the City the right not to issue building permits if improvements are not completed in a timeJy manner. He indicated a reasonable timeframe to do the interim improvements would be approximately one year. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:38 p.m. In response to Council Member Henderson, Mr. Evans confirmed, initially, the Planning Commission continued the project, and directed staff to prepare a resolution for denial. They later recommended approval after the applicant submitted new exhibits that provided a greater comfort level as to the design of the project. RESOLUTION NO. 2005-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP 33085 (CORE HOMES, LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-097 as submitted. Motion carried with Council Member Perkins ABSENT. RESOLUTION NO. 2005-098 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT MAP 33085, SUBDIVIDING 4.3 ± ACRES INTO SEVEN SINGLE FAMILY LOTS (CORE HOMES, LLC). . It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-098 as submitted. Motion carried with Council Member Perkins ABSENT. -- ----.-"-.-.-" --.. - ---.- City Council Minutes 17 December 6, 2005 3. PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT FOR PARKING MANAGEMENT TO ALLOW CONSTRUCTION OF A 10,709± GROSS SQUARE FOOT, TWO-STORY RETAIL/OFFICE BUILDING IN THE VILLAGE AT LA QUINT A AS APPROVED UNDER VILLAGE USE PERMIT 2005-027. APPLICANT: CALLE ESTADO, LCC. Council Member Osborne indicated he has a potential conflict of interest due to one of the partners being a client of his office, and he left the dais. Community Development Director Evans presented the staff report. Council Member Henderson noted the City had a parking fee but eliminated it to encourage development, and now development has been so successful that it has created a parking problem. In response to Mayor Adolph, Associate Planner Nesbit stated 42 parking stalls is the total amount required for the project. He then proceeded to review the site plan and elevations. He stated the building is setback 12 feet from the curb. In response to a comment by Mayor Adolph, Council Member Henderson noted curb parking is not allowed on Calle Estado. Mayor Adolph inquired about the height of the building, and Mr. Evans stated it's within the Village Plan guidelines. Council Member Henderson referenced the potential need to set aside some room for outdoor dining if restaurants are an allowable use. Mr. Nesbit stated this is general office and retail space. An amendment to the development agreement would have to be approved to allow a restaurant. The Mayor declared the PUBLIC HEARING OPEN at 7:55 p.m. Dave Brudvick, 77-435 Calle Colima, of Calle Estado LLC, indicated they are in accord with the parking agreement. In response to Council Member Sniff, Mr. Brudvick stated they hope to start construction in January. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:57 p.m. City Council Minutes 18 December 6, 2005 Council Member Henderson commented on the need to come up with something to get employees to park in the Agency-owned parking lot, so the shoppers have a place to park. Council Member Sniff stated he feels that has to be enforced by the employers. Mr. Evans stated the Village parking study contract, scheduled for the December 20, 2005 meeting, includes stakeholder meetings with the merchants. He noted employee parking management is along-term issue arid significant challenge. The study will include coming up with a strategy or unified position of property owners, and the survey will help to develop a series of management plans. Council Member Henderson noted the merchants decided a few years ago not to form a business improvement district because they thought the City was just looking for money. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 424 by title and number only and waive further reading. Motion carried with Council Members Osborne and Perkins ABSENT. ORDINANCE NO. 424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA GUINTA AND CALLE ESTADO LLC. It was moved by Council Members Sniff/Henderson to introduce Ordinance· No. 424 on first reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Henderson, Sniff, Mayor Adolph None None Council Members Osborne, Perkins MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph commented on the problem of youths taking bicycles onto the soccer fields at the La Quinta Park. -~~-'-,; '.- City Council Minutes 19 December 6, 2005 Council Member Sniff referenced television news coverage of the issue that showed defiant behavior by the youths, and harassment against female soccer players. He stated he feels the City should take firm and decisive action to address this problem. City Attorney Jenson advised she provided a memo to Building & Safety Director Hartung based on an ordinance adopted by the City of Desert Hot Springs. She indicated it would require a lot of due process, and could be time consuming, and added the bicycles would have to be returned. Mayor Adolph noted it may help if the parents had to retrieve the bicycles. City Manager Genovese indicated he has provided a memo on the current status, and will keep Council informed on the progress. * * * * * * * * * * * * * * Mayor Adolph referenced a recent condominium project before the Planning Commission, and stated he has requested it be brought before the City Council. City Attorney Jenson stated she recalls the Planning Commission did not take action on the project because it is inconsistent with the General Plan. Instead, they requested initiation of a General Plan amendment in order to consider the project. She understands, however, that the applicant does not want to pursue the General Plan amendment process, and plans to withdraw their application. She stated staff is not sure if the Planning Commission would still want to go förward with the General Plan amendment. Community Development Director Evans stated staff may bring this forward to the City Council to find out if they want staff to look at the General Plan. Once a withdrawal letter is received from the applicant, staff will take it to the Planning Commission for an update. He believes the Planning Commission feels higher density will be needed in the Village at some point. Mayor Adolph stated he wants to make sure the Council has an opportunity to see what is going on. Ms. Jenson noted the City Council would have an opportunity to consider the General Plan amendment if the applicant pursues it. * * * * * * * * * * * * Mayor Adolph indicated he drove the area along Avenue 58, adjacent to PGA West, with a resident of The Quarry, and he feels it looks like a "garbage dump." He City Council Minutes 20 December 6, 2005 stated KSL and the homeowners association have been notified to clean it up but have failed to do so. He noted the area has vehicles, dumpsters, weeds, and a pile of dirt, and understands Code Enforcement is going to re-issue citations. * * * * * * * * * * * * Mayor Adolph referenced damage done by a vehicle at the SilverRock golf course, and questioned where the guards were when it happened. Council Member Osborne stated he understands it happened before· the guards came on duty. Mayor Adolph stated he would like to have a report back from Landmark. * * * * * * * * * * * Council Member Osborne inquired about the number of applications received to date for the Investment Advisory Board vacancies. The Deputy City Clerk indicated she would report back to Council with that information. Council recessed to the Financing Authority meeting. Council reconvened and recessed to the Redevelopment Agency meeting. Council reconvened and recessed to Closed Session as delineated on Page 1. The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). ADJOURNMENT There being no further business, it was moved by Council Members Osborne/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, , &y--d~ JUNE S. GREEK, City Clerk City of La Quinta, California - - -_._,~- .._-- ---- ._--