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2006 07 18 CC Minutes LA QUINT A CITY COUNCIL MINUTES JULY 18, 2006 A regular meeting of the La Guinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION City Attorney Jenson did not participate in Item No.1. 1. Conference with City's real property negotiator, Michael O'Connor, pursuant to Government Code Section 54656.8 concerning potential terms and conditions and/or disposition of real property located at the northwest corner of Calle Tampico and Desert Club Drive. Chicago Title, Fred Parvey. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None City Council Minutes 2 July 18, 2006 WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM WELLS MARVIN DATED JUNE 20, 2006. A brief discussion ensued regarding bells being a potential noise issue. Council Member Kirk spoke in support of putting the item on a future Council agenda. In response to Council Member Osborne, City Manager Genovese stated the artist anticipates installing the tile murals in the fall. Council concurred to direct staff to place this item on a future agenda, and ask a representative from Old Town to be available at the meeting for questions. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of July 5, 2006, as submitted. Motion carried unanimously. CONSENT CALENDAR . Council Member Kirk requested Item Nos. 8 and 9 be taken up separately due to a potential conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED JULY 18,2006. 2.. RECEIVE AND FILE TREASURER'S REPORT DATED MAY 31, ,2006. 3. RECEIVE AND FILE REVENUE & EXPENDITURE REPORTS DATED MAY 31, 2006 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2006. 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON-SITE AND OFF-SITE IMPROVEMENTS FOR TRACT MAP 29858-1, PALMILLA, RJT HOMES, LLC. (RESOLUTION NO. 2006-071) 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON-SITE AND OFF-SITE IMPROVEMENTS FOR TRACT MAP 29858-2, PALMILLA, RJT HOMES, LLC. (RESOLUTION NO. 2006-072) 6. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN AND TUCKER, LLP. 11. 12. 13. 14. 15. 16. City Council Minutes 3 July 18, 2006 7. ACCEPTANCE OF HIGHWAY 111, ROAD WIDENING AND TRAFFIC SIGNAL . !l ~ , MODIFICATIONS, PROJECT NO. 2001-07. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON-SITE AND OFF-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31681-1, ANDALUSIA CORAL OPTIONS, LLC. (See separate action on this item below.) - 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON-SITE AND OFF-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31681-2, ANDALUSIA, CORAL OPTIONS, LLC. (See separate action on this item below.) 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON-SITE AND OFF-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31123-1, LA CANTERA, VISTA LA QUINTA PARTNERS, INC. (RESOLUTION NO. 2006-073) ACCEPTANCE OF CAPITAL IMPROVEMENT PROJECT NO. 2003-02, SPORTS COMPLEX IMPROVEMENTS, AND PROJECT NO. 2003-04, BOYS AND GIRLS CLUB ADDITION. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINT A ARTS FOUNDATION. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINT A CITY EMPLOYEES ASSOCIATION FOR FISCAL YEARS 2006/2007, 2007/2008, AND 2008/2009. (RESOLUTION NO. 2006-074) ADOPTION OF A RESOLUTION APPROVING COST -OF-LIVING AND BENEFIT ADJUSTMENTS FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2006/2007, 2007/2008 AND 2008/2009. (RESOLUTION NO. 2006-075) APPROVAL OF CONTRACT REVISIONS WITH JASON ADDISON SMITH CONSULTING SERVICES, INCORPORATED FOR BUILDING INSPECTION AND PLAN REVIEW SERVICES. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR CONSTRUCTION INSPECTION SERVICES. City Council Minutes 4 July 18, 2006 MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 8 and 9; and with Item Nos. 4, 5, 10, 13, and 14 being approved by RESOLUTION NOS. 2006-070 through 2006-075 respectively. Motion carried unanimously. Item Nos. 8 and 9: MOTION - It was moved by Council Members Sniff/Osborne to approve the following resolutions: RESOLUTION NO. 2006-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION. IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31681-1, ANDALUSIA, CORAL OPTION, LLC. and; RESOLUTION NO. 2006-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31681-2, ANDALUSIA, CORAL OPTION, LLC. Motion carried with Council Member Kirk ABSENT due to a potential conflict of interest. BUSINESS SESSION . 1 . CONSIDERATION OF INVESTMENT ADVISORY BOARD 2006/2007 WORK PLAN. Finance Director Falconer presented the staff report. Council Member Henderson referred to a discussion at a previous Council meeting about the possibility of giving the Treasurer the same investment options as an investment advisor, and asked if that would be coming back to Council for consideration. -_._-- ~~, City Council Minutes 5 July 18, 2006 Mr. Falconer stated he didn't recall there being a consensus to pursue that issue, and noted it's not included in the Investment Policy for 2006/2007. Council Member Henderson stated she recalled there being a consensus, and would be hesitant to approve the recommendation to use an outside professional firm until Council receives a recommendation from the Investment Advisory Board (lAB) and the Finance Director regarding broadening of those investment options. She suggested the recommendation to use an outside professional firm remain a consideration after looking at the possibility of expanding the Treasurer's investment options. In response to Council Member Kirk, Mr. Falconer stated the lAB is recommending two lAB members participate on the evaluation committee for an RFP for audit services. Council Member Osborne noted it would be the Council's discretion as to which investments a professional firm would be allowed to use. He stated he supports using an outside firm to increase the City's rate of return, while maintaining the safety of the principal. He asked how long the current auditing firm has been utilized by the City. Mr. Falconer stated he believes it has been since 1993. Council Member Osborne spoke in support of going with a new firm to maintain independence and get a fresh look at the finances. He supports the proposed work plan. Council Member Sniff noted the investment policy can be amended to give the Treasurer additional investment opportunities. He indicated he supports staying with the current auditing firm, and would oppose making a change. Mayor Adolph asked if there is a way to realistically estimate how much profit the City would make by using a professional investment firm, and if the Finance Director is comfortable with making the change. Mr. Falconer advised the profit would depend on the firm's expertise and available resources, and it would be balanced against the interest-rate environment and fees charged by the firm. He pointed out a portfolio manager does not have a buy-and-hold strategy and can actively manage the portfolio. They also don't have the same limitations as the treasurer as to what they can invest in commercial paper and government sponsored entities. A professional firm could probably generate enough profit to cover City Council Minutes 6 July 18, 2006 the cost of the firm but the Council has to consider the liability. He stated he envisions using a portfolio manager in the 2-5 year range, and doesn't see the interest-rate environment in that range any better than the 3-6 months range. He is somewhat concerned as to whether or not a portfolio manager could generate the extra income but the majority of the lAB members feel it's warranted. In response to Council Member Henderson, Mr. Falconer advised the buy- and-hold strategy is a City-imposed policy. He confirmed the lAB could discuss the limitations on the treasurer as policy changes and recommend changes if Council wants to go that direction. Council Member Henderson stated she would like the lAB to have those discussions, and bring it forward to Council as possible policy changes. She doesn't have a problem with lAB members serving on an RFP evaluation committee but noted the current firm has respectability and experience, and she hopes they are not marked down because they are the current firm. Christina Deniel, Chairperson for the Investment Advisory Board, stated the overall feeling of the Board is that the work of a professional money manager should not be delegated to staff. The Board also feels the current investment restrictions should be maintained if the investments are not handled by a professional firm. She stated the Board doesn't feel the portfolio discretion should be expanded within the hands of finance staff that doesn't have the proper knowledge. Council Member Henderson stated she probably would not approve of any buy-and-trade strategy but there are other issues to consider such as the dollar limit of investments. Council Member Osborne stated he feels staff and the Board are doing a great job given the current rate of return and the existing structure. MOTION - It was moved by Council Members Sniff/Osborne to approve the Investment Advisory Board 2006/2007 Work Plan. Council Member Kirk asked if the motion means the City will consider using an outside professional firm. Council Member Osborne stated it's his understanding that the lAB will continue looking at that issue. Motion carried unanimously. City Council Minutes 7 July 18, 2006 2. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2006/2007 CITY OF lA GUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. Finance Director Falconer presented the staff report. Council Member Osborne stated he doesn't recall Council approving $50,000 for the La Quinta Playhouse due to some concern regarding their location. Mr. Falconer stated he believes the allocation is subject to the Playhouse being located in La Quinta, and noted Council can decide whether or not to release the funds when they consider the contract. RESOLUTION NO. 2006-078 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF lA GUINTA. CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2006/2007 AND APPROVING A BUDGET FOR FISCAL YEAR 2006/2007. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2006-078 as submitted. Council Member Osborne expressed appreciation for the budget showing a . continued support of the public safety budget. Motion carried unanimously. 3. CONSIDERATION OF A RESOLUTION APPROVING A BALLOT ARGUMENT IN FAVOR OF THE TRANSIENT OCCUPANCY TAX (TOT) BALLOT MEASURE TO APPEAR ON THE NOVEMBER 7, 2006 ELECTION BALLOT AND AUTHORIZATION FOR THE CITY COUNCIL TO FILE AN ARGUMENT IN FAVOR OF THE TOT BALLOT MEASURE. Assistant City Manager O'Connor presented the staff report. In response to Council Member Osborne, City Attorney Jenson confirmed the ballot measure includes language indicating condo hotels are subject to TOT when rented. Council Member Henderson asked what happens if the measure doesn't pass. City Council Minutes 8 July 18, 2006 Ms. Jenson stated there is some debate as to whether or not the measure is necessary but is being done as a precautionary measure. She advised an argument could be made that the City would go back to the previous ordinance of 10% across the board if the measure doesn't pass. RESOLUTION NO. 2006-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING A BALLOT ARGUMENT IN FAVOR OF THE TRANSIENT OCCUPANCY TAX BALLOT MEASURE (ORDINANCE NO. 428) SUBMITTED TO THE VOTERS AT THE NOVEMBER 7, 2006 ELECTION AND AUTHORIZING AND ORDERING THE FILING OF SUCH BALLOT ARGUMENT WITH THE CITY CLERK. It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2006-079 as submitted. Motion carried unanimously. In response to Council Member Henderson, Ms. Jenson advised the City can provide educational materials on the measure but is prohibited from expending funds used to advocate the issue. She indicated staff can provide an update at the next Council meeting as to what can be done. Council Member Henderson stated she supports providing at least one pamphlet to get the message out to the public. 4. CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER TO SERVE ON CVAG's VALLEY-WIDE HOMELESS TASK FORCE. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Osborne volunteered to serve on the committee, and suggested a staff person be appointed as alternate. MOTION - It was moved by Council Members Kirk/Henderson to appoint Council Member Osborne to serve on the CVAG Valley-wide Homeless Task Force, and authorize the City Manager to appoint a staff member as alternate. Motion carried unanimously. City Council Minutes 9 July 18, 2006 5. SECOND READING OF ORDINANCE. ORDINANCE NO. 427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING CHAPTER 2.60, SECTION 2.60.020, RELATING TO THE CITY OF LA QUINT A CONFLICT OF INTEREST CODE. It was moved by Council Members Sniff/Osborne to adopt Ordinance No. 427 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: 6. SECOND READING OF ORDINANCE. ORDINANCE NO. 429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING CHAPTER 9, SECTION 9.80.040 - TABLE 9-5, PERMITTED USES IN NON-RESIDENTIAL DISTRICTS - TO ALLOW RETAIL STORES GREATER THAN 10,000 SQUARE FEET IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. In response to Council Member Osborne, Community Development Director Evans advised neighborhood commercial shopping centers are typically 8-10 acres, and must have an anchor tenant, which is usually a grocery store. He noted the ordinance will make that easier to accomplish. Council Member Osborne stated he doesn't want to negate the neighborhood commercial aspect of having commercial on a smaller scale near residential areas, and inquired about the square footage of the Walgreens building. Mr. Evans noted most grocery stores in neighborhood situations are under 50,000 square feet, and Walgreens is approximately 18,000 to. 20,000 square feet. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 429 on second reading. Motion carried by the following vote: City Council Minutes 10 July 18, 2006 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission Council Member Henderson reported the Commission is in the early stages of a draft ordinance for mandatory micro-chip identification. CV AG Human & Community Resources Commission - Council Member Osborne reported the Commission is discussing the possibility of increasing the fee on the Trauma Intervention Program (TIP). Regarding the tobacco retailers fee issue, he has informed the Commission that La Quinta will be addressing the issue on a local level. C. V. Mountains Conservancy - Council Member Sniff stated the Conservancy is seeking support for Proposition 84. CV AG Coachella Valley Conservation Commission - Council Member Sniff reported the Commission approved moving forward with revamping the Multi- Species Habitat Conservation Plan, and the cost will be approximately $1.2 million. He added it must be completed in a year. CV AG Energy & Environmental Resources Committee - Council Member Sniff commented on the recent death of Gary Bosworth, and suggested sending flowers. Council concurred. Mayor Adolph referenced a meeting between him, Council Member Kirk, and the City Manager regarding possible ways to move through the agenda faster in Council meetings, and stated a draft of their suggestions will come back to Council for discussion. * * * * * * * * * * * * * All other reports were noted and filed. City Council Minutes 11 July 18, 2006 DEPARTMENT REPORTS City Attorney Jenson announced the Settlement Agreement with KSL has been executed, and copies are available in the City Clerk's Office. 6-A. LA QUINT A QUARTERLY LIBRARY. Nancy Johnson, Riverside County Librarian, Irene Wickstrom, City Librarian, and Barbara Bowie, Riverside County Library System Desert Zone Manager, indicated they are available to answer questions. Mayor Adolph commented on the success of the children's program last Friday. In response to Council Member Sniff, Ms. Wickstrom stated only a small percentage of non-residents use the library. She referenced the new hours, and indicated Monday is the busiest day of the week. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Osborne commented on the need to replace the dead palm trees at Walgreens, and inquired about the number of La Quinta firefighters involved with the Sawtooth fire. He commented on the need to recognize their efforts. Mayor Adolph referenced the number of time extension requests for subdivisions, and suggested time limits be set for the off-site improvements. City Attorney Jenson advised the standard subdivision agreement requires off-site improvements to be completed within one year unless Council approves an extension. Council Member Henderson commented on the need to let developers know upfront that Council will not look favorably on -time extensions for off-site improvements unless there are strong reasons for it. Council Member Osborne noted the City's projects need to follow the same guidelines. Council Member Sniff spoke regarding the recent modifications to the agenda packet, and stated he prefers the way it was done before. City Council Minutes 12 July 18, 2006 City Manager Genovese indicated he would talk to each Council Member, and present future packets per each individual need. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 P.M. 7:00 P.M. 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). PUBLIC COMMENT Joseph Khair, 4837 Biloxi Avenue, North Hollywood, spoke regarding Public Hearing Item No.2, in protest to a weed 'abatement charge for dirt piles that were illegally dumped on his property. He had planned to build on the lot and possibly use the dirt but was told by City staff that the dirt had to be removed. He has requested time extensions in order to get a water meter installed on the property but was later informed that the City had hired a contractor to remove the dirt. He stated the dirt was not removed but rather spread on the property. When he questioned that, he received a letter from the City indicating the dirt had in fact been removed. He read a letter from a neighbor who indicated he had watched the contractor spread the dirt instead of removing it. His contractor has indicated to him that the dirt could have been removed for $300 to $500. City Attorney Jenson advised Mr. Khair's comments can be considered a part of the record for Public Hearing No.2. PRESENTATIONS - None PUBLIC HEARINGS 1 . PUBLIC HEARING TO ADOPT A RESOLUTION TO CLOSE TO NON- EMERGENCY VEHICULAR TRAFFIC ON CALLE SERENA APPROXIMATELY 120 LINEAR FEET SOUTH OF THE INTERSECTION OF VISTA GRANDE AND CALLE SERENA TO THE END OF CALLE SERENA. City Council Minutes 13 July 18, 2006 Public Works Director Jonasson presented the staff report. In response to Council Member Kirk, Mr. Jonasson stated use of the Knox box will be for emergency vehicles only. In response to Council Member Henderson, Mr. Jonasson confirmed a traffic signal at Vista Grande is part of the Jefferson Street improvements. Council Member Henderson noted the traffic signal will make a substantial difference. She asked about pedestrian use of the gate, and how such a gate might be designed. Mr. Jonasson stated staff is recommending closure to both vehicular and pedestrian traffic, and design of a pedestrian-access gate has not been considered. In response to Council Member Osborne, Mr. Jonasson confirmed the improvements in front of the apartment complex are complete. Mayor Adolph inquired about the design of the gate and connecting sides, and the effect on the current parking stalls. Mr. Jonasson stated he anticipates the gate and side areas to be constructed out of wrought-iron. He indicated street parking will be retained as much as possible, and curbs within the wrought-iron gated area will be marked for no parking. Mayor Adolph indicated he is not in favor of allowing pedestrian access at the gate because of previous vandalism problems the residents on Vista Grande have experienced. The Mayor declared the PUBLIC HEARING OPEN at 7:28 p.m. Joe Hill, 3940 Hancock Street, San Diego, representing the owners of the La Quinta Springs Apartments, requested this item be continued to give all parties an opportunity to try to resolve this issue. He indicated he is willing to close the gate while the parties work on a resolution. He stated he can remove the wall between the apartments and the houses but wants to resolve this amicably. He stated the dollar amount of their contract with the City of India was based on the gate being part of the contract, and it would have been a higher amount without the gate. City Council Minutes 14 July 18, 2006 Mayor Adolph pointed out the City of Indio did everything without consulting the City of La Ouinta. He referenced the problems the residents on Vista Grande have had to deal with over the past eight months. Mr. Hill stated neither he nor the apartment owners were contacted regarding problems in this area. He voiced safety concerns about apartment residents trying to enter or exit the apartment complex, and stated they were told La Ouinta was aware of their need to access the traffic signal. He indicated they would not have settled with the City of Indio for $100,000 if they were not going to have access to the back gate. He stated a letter with his contact information was distributed to the residents but none of them called him. He commented on wanting to be a good neighbor, and being willing to meet anytime to work out a resolution to this matter. Lisa Oakley, 46-896 Jefferson Street, Indio, voiced safety concerns about her teenage daughter trying to exit the apartments and make a u-turn at Vista Grande. Mayor Adolph noted her safety concerns should be voiced to the City of Indio. Council Member Henderson noted the issue under discussion IS returning Calle Serena to its previous condition. Maria Lua, 46-896 Jefferson Street, Indio, manager of the La Ouinta Springs Apartments, stated she feels this is a racist issue to keep the apartment tenants off of Vista Grande, and indicated the homeowners have not complained to her about any problems. She voiced safety concerns about ingress and egress from the apartments, and questioned why the homeowners should have the privilege of a traffic signal and not the apartment tenants. She asked Council to continue this item to allow more discussion. Mayor Adolph asked if she was aware of the graffiti and trash problems the homeowners were experiencing. Ms. Lua responded the graffiti was not caused by the apartment tenants. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:48 p.m. In response to Council Member Osborne, Mr. Jonasson stated he recalls seeing a letter from Mr. Hill three or four months ago that was distributed to the homeowners. City Council Minutes 15 July 18, 2006 City Attorney Jenson referenced correspondence from the City of La Quinta to the City of Indio, dated March 22, 2006, and noted the apartment owner was aware of the situation then because a copy of the letter was sent certified mail to Donald R. Tosh, managing property owner of the apartments. Council Member Kirk stated he has some sympathy for the apartment tenants' situation, mostly because they have been out of the loop with respect to the City of Indio. He noted the Vista Grande homeowners voiced their concerns many times before the City Council, and the City of Indio has never contacted those residents, nor the City of La Quinta, when it negotiated a contract with the owner of the apartment complex. He noted all parties in this matter were properly notified by the City of La Quinta but the City of Indio has not done that. He voiced concern about the racism comments, and referenced another project where a few years ago the residents wanted access through an emergency-only gate and the homeowners on that street opposed it. He believes the homeowners' concerns are due to vehicles from 80 families emptying onto the street, where it had not been that way before. He stated he supports the street closure. Council Member Henderson stated she believes the homeowners have a legitimate reason to expect this gate to remain an emergency-exit only, and feels it's unfortunate the suggestion for further discussions has come at this late date. She doesn't see leaving the gate open as a possible resolution to the matter. She also questioned vehicle speeds getting up to 55-60 mph from the time they leave Highway 111. She feels a lot depends on installation of the traffic signal at Vista Grande, and the relief it will bring to the apartment tenants trying to access Jefferson Street. Council Member Osborne commented he feels it's unfortunate the City of Indio didn't contact La Quinta when they proposed an agreement with the apartment owners. He noted the homeowners have dealt with this issue a long time, and he is surprised the apartment owner wasn't aware of it a long time ago. He stated he supports the street closure. Council Member Sniff stated he isn't convinced a continuance would do any good, and feels the street closure is a reasonable solution,. In response to Mayor Adolph, Mr. Jonasson confirmed the retail businesses to the south of the apartments have the same ingress/egress situation, and that the outside lane on Jefferson Street is wider than the inside lanes. City Council Minutes 16 July 18, 2006 RESOLUTION NO. 2006-080 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF lA QUINT A, CALIFORNIA, RECOMMENDING THE CLOSURE TO NON-EMERGENCY VEHICULAR. TRAFFIC A PORTION OF CAllE SERENA APPROXIMATELY 120 LINEAR FEET SOUTH OF THE INTERSECTION OF VISTA GRANDE AND CALLE SERENA TO THE END OF CALLE SERENA. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2006-080 as submitted. Motion carried unanimously. 2. PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE PLACEMENT OF WEED ABATEMENT/lOT CLEANING ASSESSMENTS ON THE 2006/2007 PROPERTY TAX ROLL. Community Safety Manager Conrad presented the staff report, and in reference to Mr. Khair's property, recommended the assessment be included with the resolution. City Attorney Jenson advised the City has the power to release liens administratively. Ms. Conrad confirmed the City has paid the contractor for the abatement, and the contractor has indicated the dirt was removed. Council Member Sniff commented on the observer seeing the dirt spread instead of removed, and suggested Mr. Khair's property be removed from this action until further examined. In response to Mayor Adolph, Ms. Conrad showed photographs taken before and after the dirt was removed, and indicated approximately 10 piles of dirt were about three feet high. Ms. Conrad advised the assessment includes $550 for soil stabilization, and Council Member Sniff commented that the amount seems excessive. The Mayor declared the PUBLIC HEARING OPEN at 8:13 p.m. Skip lynch, 78-295 Calle Cadiz, stated he advised Mr. Khair not to grade the property until a water meter was installed because of dust control, and that took a while due to relocating of mailboxes. He stated he doesn't believe the dirt was removed and that the price was excessive. City Council Minutes 17 July 18, 2006 Council Member Kirk commented on the possibility of Mr. Khair being able to go after the company that illegally dumped the dirt. In response to Mayor Adolph, Mr. Lynch stated there were rocks in the dirt piles but no construction debris. After grading, the soil has pebbles and rocks generated from digging in the area. Joe Khair (see Page 1 2 for earlier public comments) He stated the company who dumped the dirt denies it, and he doesn't feel it's fair for him to have to pay $3,200 or have a lien placed on his property. In response to Mayor Adolph, City Manager Genovese confirmed staff can send a letter to the pool contractor clarifying the rules of operation. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:22 p.m. Council Member Osborne suggested removing the administrative fee from the assessment. Council Member Sniff stated he agrees because there is no way to prove whether or not the dirt was removed. Council Member Henderson stated she will support removing the administrative fee, and feels it's unfortunate the property owner wasn't notified that a contractor would be removing the dirt by a certain date if it's not removed by the property owner. Council Member Kirk asked if the City can go after someone who does illegal dumping if documented information is provided by an observer. Ms. Conrad stated she would be more comfortable with a photograph. City Attorney Jenson advised the City can call a witness in court but it's not a typical situation. The property owner could also use the witness in a small claims court action to try to recoup the costs. Council Member Kirk stated he supports removing the administrative costs. Mayor Adolph agreed, and stated he would also support helping with the abatement cost. City Council Minutes 18 July 18, 2006 RESOLUTION NO. 2006-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2006-081 as amended (removing the $637.50 administrative fee on Mr. Khair's parcel). Motion carried unanimously. 3. PUBLIC HEARING TO CONSIDER RESOLUTIONS TAKING THE FOLLOWING ACTIONS: 1) CERTIFICATION OF AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 2002-453; AND 2) APPROVAL OF THE SilverRock RESORT SPECIFIC PLAN CREATING DEVELOPMENT GUIDELINES AND STANDARDS FOR THE FUTURE DEVELOPMENT OF A DESTINATION RESORT AREA FOR THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. Community Development Director Evans presented the staff report. In response to Council Member Henderson, Mr. Evans confirmed only glimpses of the 65-foot high hotel would be seen from Jefferson Street if the entry road is lined with trees. He noted the building will be noticeable during construction but minimized after the landscaping and site development take place. In response to Council Member Kirk, Mr. Evans stated Impact Sciences prepared the specific plan. Council Member Kirk commented he feels the graphics in the specific plan would have been easier reading in color. He asked why the height change is not included in the addendum to the Mitigated Negative Declaration. Mr. Evans stated Impact Sciences determined the height was not a potentially-significant impact. Council Member Kirk questioned why the argument wasn't made In the environmental document. City Attorney Jenson advised the purpose of the addendum is to find out if this is significantly different than the project that was originally analyzed, and all of the information before Council can be used to support that City Council Minutes 19 July 18, 2006 determination. She confirmed, if Council wishes, the entirety of the staff report and presentation can be incorporated into the addendum. In response to Council Member Osborne, Mr. Evans stated 525:t acres is the developable part of the property. If any additional acreage is added, it may require a minor amendment, depending on how the property fits under the original environmental assessment. He stated the limitation on hotels is on the number of units and not the number of operators. In regard to a three or four star hotel, he stated staff is recommending a three-star or better resort because it provides flexibility based on future market conditions. Council Member Osborne inquired about the ability to use reclaimed water if it becomes available in the future. Public Works Director Jonasson stated the pumping station for the second golf course will be closer to Jefferson Street and easier to connect to reclaimed water but he doesn't expect reclaimed water lines in the area in the near future. Mr. Evans stated he understands the issue was discussed with CVWD, and it wasn't economically or technically feasible. In response to Council Member Osborne, Mr. Evans stated the 65-foot height allowance is only for the main feature hotel, and Planning Area 6 is limited to three stories and 40 feet. He stated the parking requirements are established in the parking management program, and the performance standards in the specific plan requires structured parking for the feature hotel and boutique hotel sites. Council Member Sniff questioned staff's comments about the site accommodating up to three hotels, the total acreage, and the 65-foot high building not having a negligible effect on the mountain view. Mr. Evans stated there could be a break up of number of hotels in each planning area, and Planning Area 6 could accommodate two hotels. He explained the acreage was determined by the engineer's detailed analysis. He stated the determination by staff and the Planning Commission is that the effect of the building height is not significant in the context of how the project is designed Council Member Sniff stated he feels anything that significantly diminishes the mountain view is too high. He feels it's a big mistake not to put the commercial village between the hotel areas, and believes there should be up to five hotels, accessing various segments of the market. He asked if architecture or landscaping are part of the specific plan. City Council Minutes 20 July 18, 2006 Mr. Evans stated the plan was not to get locked into a specific architecture at this time, and staff feels the landscaping criteria would be best handled under the site development permit process. He confirmed the landscaping can be part of the specific plan if Council wishes. Council Member Sniff spoke in support of including landscaping. He also commented on the need for a theme that makes this specifically oriented to La Quinta. Mr. Evans stated certain design criteria can be added to the specific plan but staff feels the specific plan should be generic because of not knowing who the developer will be. He stated the specific plan references investor-owned casitas but not standard residential condos that are not tied to a hotel. Council Member Sniff asked about parking requirements, and how they relate to the number and type of hotels on the site. Mr. Evans noted the mix of hotels will dictate the type of parking. If the hotels are developed individually, the parking will probably be handled individually; if they are built at the same time, a joint parking solution may be possible. He referenced specific parking standards on Page 51 of the specific plan. He noted the feature hotel proposed by DOC has 90 hotel rooms. Council Member Sniff asked about the difference in parking demands for a condo versus a regular hotel. Mr. Evans stated 2.5 parking spaces are required for a four-bedroom condo unit versus one space for a hotel room for the first 50 rooms. A studio condo unit requires one space. He stated the specific plan does not limit the feature hotel to 90 rooms. Council Member Sniff stated he still has major concerns about water, and asked about a reasonable fall-back plan to reduce the size of the lakes should there be a water shortage. Mr. Evans noted the water features in the conceptual design for the second course are much smaller. As for a contingency plan that the entire Valley would have to face, it could entail changing the lakes into desert area, which would increase maintenance costs. In response to Council Member Sniff, Mr. Jonasson stated the lakes are lined, and no more than five feet deep except for the irrigation lake, which may be seven or eight feet deep in the middle. City Council Minutes 21 July 18, 2006 Council Member Henderson noted water has been a concern since the project started but her understanding from talking to CVWD is that there isn't any water to reclaim. She also understands the reclamation plant that has been discussed is probably southeast of the Kohl Ranch. She noted the Council has been dealing with some of these issues for some time and will continue dealing with them. Regarding the trail system, she asked if equestrian should be prohibited on the on-site trails. Mr. Evans stated equestrian use could be prohibited but the City has control of any connection with the backbone trail system. In response to Council Member Henderson, City Manager Genovese confirmed the Agency has approved an architectural and design concept. Council Member Henderson asked if that can be included by reference in the specific plan. Ms. Jenson advised the public hearing notice did not include the documents that would be more relevant to the site development permit. Council Member Henderson suggested the Planning Commission be given the opportunity to review those documents. In response to Council Member Henderson, Mr. Evans stated the area shown in the photograph depicting how a 65-foot high building would affect the view of the mountain, is the maximum envelope per discussions with the potential developer. He confirmed it is not anticipated that the entire length of the building will be that high. Council Member Henderson stated she was told by Mike Shannon that KSL is willing to deed the property on the west side of the canal to the City. Mayor Adolph stated he doesn't see any need to discuss details at this point because the general layout is conceptual except for the first boutique hotel. He has some problems with the height element but will discuss that when it comes up at a later date. He stated he supports the specific plan. The Mayor declared the PUBLIC HEARING OPEN at 9:38 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:38 p.m. City Council Minutes 22 July 18, 2006 RESOLUTION NO. 2006-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING AN ADDENDUM TO MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT 2002-453 (SCH #1999081020), A WATER SUPPLY ASSESSMENT AND WATER VERIFICATION FOR THE SilverRock RESORT SPECIFIC PLAN. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2006-082 as amended (incorporating the staff report and presentation into the addendum). Motion carried with Council Member Sniff voting NO. RESOLUTION NO. 2006-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA APPROVING THE SilverRock RESORT SPECIFIC PLAN CREATING DEVELOPMENT GUIDELINES AND STANDARDS FOR THE FUTURE DEVELOPMENT OF A DESTINATION RESORT AREA. It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2006-083 as submitted. Council Member Kirk asked if the recommendations by the Planning Commission are included. Mr. Evans stated the multi-trail and conservation issues can be added to the specific plan. Council Member Kirk suggested an element be included that encourages design elements embracing the history, culture, and natural beauty of La Quinta. He also voiced caution about including details in the specific plan that become outdated in 5-'0 years. Council Member Henderson commented on the need to include the design criteria previously discussed by Council. Council Member Kirk asked why the design elements were not incorporated in the specific plan. Mr. Evans noted the design elements may also be outdated in five years, and those issues could be addressed during project review. He stated staff can bring the design guidelines back as a separate action if Council wishes. City Council Minutes 23 July 18, 2006 In response to Council Member Henderson, Mr. Evans stated the design guidelines adopted by the Agency are applied as the Agency negotiates with developers. Council Member Kirk suggested the specific plan be approved as prepared, and staff directed to send the design guidelines adopted by the Agency to the Planning Commission and back to the Council for any additions. Council Member Osborne agreed MOTION RESTATED - It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2006-083 as amended (with the inclusion of the Planning Commission's recommendations on the multi-use trails and conservation issues). Motion carried with Council Member Sniff voting NO. MOTION - It was moved by Council Members Henderson/Osborne to approve the Planning Commission's recommendation that the Planning Commission review the plans and specs for phase 2 of the project, and to have future discussion with the developer regarding potential improvements of the Avenue 52 entry features. Mayor Adolph noted Landmark will be revamping the entry landscaping. Motion carried unanimously. 4. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION (SCHDC) TO CONVEY CERTAIN PROPERTY LOCATED AT 78-990 MILES AVENUE AND SCHDC's SUBSEQUENT OWNERSHIP AND OPERATION OF AN AFFORDABLE RENTAL HOUSING DEVELOPMENT CONSISTING OF 80 DWELLING UNITS RESTRICTED FOR RENTAL TO AND OCCUPANCY BY VERY-LOW INCOME FAMILY HOUSEHOLDS AT RENT AFFORDABLE TO SUCH HOUSEHOLDS. Mayor Adolph noted staff is recommending this item be continued to August " 2006. The Mayor declared the PUBLIC HEARING OPEN at 9:52 p.m. City Council Minutes 24 July 18, 2006 MOTION - It was moved by Council Members Henderson/Kirk to continue the joint public hearing for an affordable housing agreement with Southern California Housing Development Corporation to August 1, 2006. Motion carried unanimously. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Osborne to adjourn. Motion carried unanimously. Respectfully submitted, ~\aol'1A-~~R>WL9 ~ DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California