2006 12 05 CC Minutes
LA QUINTA CITY COUNCIL
MINUTES
DECEMBER 5, 2006
City Clerk Montecino announced at 3:00 p.m. that the meeting would not be
called to order until 4:00 p.m. due to lack of a quorum.
An adjourned meeting of the La Quinta City Council was called to order at the
hour of 4:00 p.m. by Mayor Adolph.
PRESENT:
ABSENT:
Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
None
Mayor Adolph led the audience in the Pledge of Allegiance.
CLOSED SESSION - None
" ...
PUBLIC COMMENT
G. Dana Hobart, Mayor Pro Tem of the City of Rancho Mirage, re-quested'the
Council's support of the proposed amended gaming compact between the Agua
Caliente Band of Indians and the State of California to include adjacent cities
during the negotiation of the compact. Council Member Sniff requested this issue
be scheduled for the December 19, 2006 agenda and requested a model
resolution from Mayor Pro Tem Hobart.
Joe Broido, 77-510 Calle Nogales, complimented the City Clerk's'Department
staff for actions above and beyond to produce the agenda on Friday:' ,h' o'
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
0,
o
( ,.l"
PRESENTATIONS - None
BUSINESS SESSION
1. CONSIDERATION OF ADOPTION OF A RESOLUTION CERTIFYING THE
OFFICIAL CANVASS OF ELECTION RETURNS FOR, THE' GENERAL
MUNICIPAL ELECTION HELD NOVEMBER 7, 2006.
City Clerk Montecino presented the staff report.
City Council Minutes
2
December 5, 2006
RESOLUTION NO. 2006-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA.
CALIFORNIA. RECITING THE FACTS OF THE GENERAL MUNICIPAL
ELECTION HELD ON THE SEVENTH DAY OF NOVEMBER. 2006.
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED
BY LAW.
It' was moved by Council Members Sniff/Osborne to adopt Resolution No.
2006-122 as submitted. Motion carried unanimously.
The City Clerk administered the oath of office to Mayor Adolph, Council
Member Henderson, and Council Member Kirk.
WRITTEN COMMUNICATIONS
1. WRITTEN CORRESPONDENCE FROM DESERT SANDS UNIFIED SCHOOL
" DIS-rmCT. DATED NOVEMBER 13. 2006. REQUESTING A CONTRIBUTION
TO THE PARTNERSHIP IN EDUCATION FUND.
Council concurred to include the request for consideration during the next
Community Services Grant cycle, and directed the Community Services
Director to notify the School District.
APPROVAL OF MINUTE~
,
MOTION - :t was moved by Council Members Sniff/Kirk to approve the City
'. '. CCllnc:l Si1eci:! ME'eting Minutes 01 I'~ovember 15, 7.006, as submitted. Motion
carried lInr,nimously.
MOTlor. - It was mo';'ed by Council Members Sniff/Kirk to
Council Minutes, of November 21, 2006, as submitted.
unanimously.
approve the City
Motion carried
CONSENT CALENDAR
Council Member Kirk requested Item No. 6 be taken up separately due to a
potential' conflict of interest.
1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 5. 2006.
City Council Minutes
3
December 5, 2006
2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM NEW
HORIZON MORTGAGE CONCEPTS. (RESOLUTION NO. 2006-1231
3. ACCEPTANCE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL
MAP 32683-3. WASHINGTON PARK RETAIL CENTER. WASHINGTON III.
LTD.
4. APPROVAL OF CONTRACT CHANGE ORDER NOS. 9-15 FOR
EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS. PROJECT
NO. 2001-06.
'5. APPROVAL OF AGENCY-FEDERAL MASTER AGREEMENT NUMBER
08-5433R AND PROGRAM SUPPLEMENTAL AGREEMENT NUMBER 006-N
FOR FEDERAL FUNDING FORWARD THE AVENUE 54 PAVEMENT
REHABILITATION IMPROVEMENTS. PROJECT NO. 2005-11.
, ' . 6. ACCEPTANCE OF, ON-SITE IMPROVEMENTS ASSOCIATED WITH TRACT ',' , '
MAP 29457-1. RANCHO LA QUINTA. T.I>. DESERT DEVELOPMENT. (See
separate action below. 1
7. ACCEPTANCE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 30487. SANTA ROSA TRAILS. SANTA ROSA TRAILS. LLC.
8. ACCEPTANCE OF OFF-SITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 30487. SANTA ROSA TRAILS. SANTA ROSA TRAILS. LLC.
9. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY
.,' '\" OF LA, QUINTA ASSESSMENT DISTRICT NOS. 92-1 AND 97-1 FOR '
FISCAL YEAR END JUNE 30. 2006.
\, to, ' :API'ROVAL OF ArmUAL CONTINUING DISCLOSURE FOR THE CITY OF \ ,I
LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR END ,y'
JUNE 30, 2006. ' ~ . ,,', '
f ,', I
11. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY.
12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION '
OF THE OFF-SITE IMPROVEMENTS FOR TRACT MAP 30357. MOUNTAIN'
'VIEW COUNTRY CLUB. (RESOLUTION NO. 2006-1241
13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ON-SITE IMPROVEMENTS FOR TRACT MAP 30357. MOUNTAIN
VIEW COUNTRY CLUB. (RESOLUTION NO. 2006-1251
City Council Minutes
4
December 5, 2006,
14. ,ACCEPTANCE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL
MAP NOS. 30903-1. 30903-2. AND 30903-3. WASHINGTON PARK
RETAIL CENTER. WASHINGTON III. LTD.
15. ACCEPTANCE OF OFF-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL
MAP 30903-1. 30903-2. AND 30903-3. WASHINGTON PARK RETAIL
CENTER. WASHINGTON III. LTD.
16. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH BUREAU
VERITAS. ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA. INC.
(ERSCi. ',HALL & FOREMAN. INC.. WILLDAN. NRO ENGINEERING. RKA
CONSUL TII\!G GROUP AND RASA FOR ON-CALL, ENGINEERING PLAN
AND/OR MAP CHECK SERVICES.
17. APPROVAl. OF NEW JOB DESCRIPTIONS: ASSISTANT CITY MANAGER.
, ' \ . ':. ~ \;
.18.. . APPROVAL OF A SUPPlEMHHAL AGREEMENT WITH RIVERSIDE
COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
... ., (CDBGI FUNDS FOR RECONSTRUCTION OF THE VtLLAGE ROUNDABOUT.
.'. AN!> F'UBLlC SERVICE FUNDS FOR THE BOYS ,AND GIRLS CLUB-LA~
GUINTA UNIT. FEE WAIVER/REDUCTION PROGRAM.
19. APPROVAL OF A HOUSING RELOCATION PLAN FOR 46-150 DUNE
,PALMS ROAD AND 46-130 DUNE PALMS ROAD.
20.
ACCEPTANCE OF A GRANT OF EASEMENT FOR EMERGENCY INGRESS
AND EGR~SS AND PUBLIC UTILITY PURPOSES FROM RANCHO SANTANA;
., . HOL~:::O'tm!::RS A3S0CIATION. INC.. l\SSOCIATED WITH TRACT MAP
31202-1.
','
~ ,i
'MOTIOf~ -- il ,\....as moved by Cc'JI1C'il tv1embers Sniff/Henderson to approve,
, th~'Gr;:ls(,nt Calendar as recommel;ded and amended with the exception of
Item IJo. 6 imd with Item Nos. 2, 12, and 13, being approved by,.:
I1EStiLUTfON NOS. 2006-123 through 2006.125 respectively. Motion.
carriad unanimously. ",' "
. "
Item r~o. 6
----
MOTION - It was moved by Council Members Henderson/Sniff to approve
Item No.6, accepting the on-site improvements associated with Tract Map
29457-1, Rancho La Quinta, T.O. Desert Development. Motion carried,
, > , with Council Member Kirk ABSTAINING.
City Council Minutes
5
December 5, 2006
2. CONSIDERATION OF CITY COUNCIL REORGANIZATION.
City Clerk Montecino presented the staff report.
In response to Council Member Henderson, City Manager Genovese stated
there is no limitation of the policy relating to terms.
MOTION - It was moved by Council Members Osborne/Kirk to appoint
Council Member Sniff as Mayor Pro Tem. Motion carried unanimously.
3. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE
,l\PPOINTMENTS.
City Clerk Montecino presented the staff report.
-.
Mayor Adolph suggested the possibility of rotation of Council for
attendance at the Homeless Task Force meetings, and will inquire with the
Executive Committee. Council Member Sniff volunteered to attend the
December 6, 2006 meeting, and Council Member Osborne indicated he
could attend the January meeting.
Council Member Henderson noted the Animal Campus Commission meets
every other month on the 2nd Thursday in Thousand Palms; and the CVCC
is not on the List of Committees.
Council Member Sniff stated the SilverRock Resort Subcommittee is
needed to be scheduled for consideration of appointment at the December
. 19, 2006 meeting as the term will expire. The City Council concurred.
Council Member Kirk suggested the Council submit names for consideration
for appointment to the liD. The City Council concurred.
MOTION':' It was moved by Council Members Sniff/Henderson to appoint
Council Member Kirk as the representative to the C.V. Mountains
Conservancy; and Council Member Sniff to remain as the Alternate; and
approve changes to the committee appointments as discussed, Motion'
carried unanimously.
City Council Minutes
6
December 5,2006
4. CONSIDERATION OF OPTION FOR THE HIGHWAY 111/WASHINGTON
STREET ART PIECE.
Community Services Director Hylton presented the staff report; and stated
there is a correction of use of funds.
Mayor Adolph questioned what is being proposed to take the place of the
art piece. and if it will be completed prior to removing the current piece.
Council Member Henderson stated concern of timing for selecting new art
piece, and requested staff move forward with the process.
Kay Wolff, 77-227 Calle Ensenada, expressed concerned if artist had been
contacted; and questioned if the piece could be placed on the ground and
eliminate the base.
MOTION - It was moved by Council Members Kirk/Sniff to approve the
. relocation of the "Oasis 111" (or "Gem of the Desert") art piece to the
front of the flew maintenance facility at Fritz Bur.ns Park and appropriate
$65,000 from the APP fund to the Community Services Administration.
Special Projects account and direct the City Attorney to prepare and the
City Manager to sign an addendum to the Art Purchase Agreement. Motion
carried unanimously.
5. SECOND READING OF ORDINANCE
,"
ORDINANCE r~o. 431
, .:^" CRDINANCE OF TliE CITY COUNCIL OF THE CITY OF LA QUINTA.
. . (;AL/GRi-JIA. ADOPTING PRE-ZONING DESIGNATIONS FOR CE~TAIN
lArmS i'ROPDSmFOR ANNEXATION. AND CONSISTING OF 11.62
, ':.., · -f~CRES LOCATED AT THE SOUTHEAST CORNER OF HIDDEN RIVER BOAD
',', "AND WASHINGTON STREET AND II>ENTIFIED AS ASSESOR'S PARCEL
-' NUMBERS G09-040-005. -007. AND -023.
It was moved by Council Members Sniff/Henderson to adopt Ordinance No..
431 on second reading. Motion carried by the following vote:
AYES:
Council Members Henderson, Kirk, Osborne, Sniff,
Mayor Adolph
None
None
None
NOES:
ABSTAIN:
ABSENT:
, City Council Minutes
7
December 5, 2006
6. SECOND READING OF ORDINANCE
ORDINANCE NO. 432
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA.
CALIFORNIA. AMENDING CHAPTER 9. SECTION 9.140.080
SUPPLEMENTAL REGULATIONS OF THE LA QUINTA MUNICIPAL CODE
REGULATING THE DEVELOPMENT AND USAGE OF FUTURE
CONDOMINIUM HOTEL UNITS IN TOURIST COMMERCIAL DISTRICTS
AND LIMITING THE CONVERSION OF EXISTING HOTELS TO
CONDOMINIUM HOTELS.
It was moved by Council Members Kirk/Sniff to adopt Ordinance No. 432
on second reading.
Motion carried by the following vote:
NOES:
ABSTAIN:
ABSENT:
Council Members Henderson, Kirk, Osborne, Sniff,
Mayor Adolph
None
None
None
AYES:
7. SECOND READING OF ORDINANCE
ORDINANCE NO. 433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. "',
CALIFORNIA. APPROVING A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF LA QUINTA AND LDD SILVERROCK. LLC.
It was moved by Council Members Sniff/Henderson to adopt Ordinance No.
433 on second reading.
. .1:
City Attorney Jenson outlined revisions to the ordinance.
"
Community Development Director Evans stated DDC has requested the-.
target to operate be changed to 90% instead of penalties incurring when it" ..
drops below 95%.
Council Member Osborne stated he prefers staying with 95% as previously
discussed. The City Council concurred.
City Council Minutes
8
December 5, 2006
Motion carried by the following vote:
AYES:
Council Members Henderson, Kirk, Osborne, Sniff,
Mayor Adolph
None
None
None
NOES:
ABSTAIN:
ABSENT:
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
Sphere of Influence - Council Members Kirk and Osborne. reported concerns with
County of Riverside negotiations; Supervisor Wilson is willing to assist With the
process; and meeting of December 4, 2006 was effective.
Council Member Henderson stated she has received several emails and calls with
positive feedback relating to the process.
Riverside County Transportation Commission - Council Member Henderson
reported she rode an SUV on railroad tracks and discussion of rebuilding railroad
tracks to connect to the Metrolink.
SjlverRock Resort Ad Hoc Committee - Council Member Osborne reported
representatives from the Bob Hope Classic toured the Resort; stated
improvements to the site are progressing; and golf play has increased.
. '.
CV AG Executlve Comm~ttee - Mayor Adolph reported on two items of interest -
Executive Committee authorized to revise Multi-Species Habitat Plan; and. ,will.
reorganize. environmental section with a Multi-Species department and will hire a
'new director dealing with environmental studies,
Council 'Member Kirk questioned the progress of the perimeter landscaping at,..
. . SilvEirRock Resort; stated unhappy with interface and materials used on the walls;
and reported 'go!f carts on multipurpose trail are producing excessive dust.
* * * * * * * * * * * * *
All other reports were noted and filed.
City Council Minutes
9
December 5, 2006
DEPARTMENT REPORTS
3-B. REPORT ON HISTORIC PRESERVATION COMMISSION VACANCY.
City Clerk Montecino presented the staff report and was directed to
advertise for applications.
MAYOR AND COUNCIL MEMBERS' ITEMS - None
Council recessed to the Redevelopment Agency meeting.
Council reconvened and recessed to and until 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT - None
PRESENTATIONS - None
PUBLIC HEARINGS
1. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION TO VACATE
3.117:1: FEET OF AVENUE 53 WEST OF MONROE STREET.
'Council. Member Kirk recused himself from this item due to a conflict of
interest.
Public Works Director Jonasson presented the staff report.
The Mayor declared the PUBLIC HEARING OPEN at 7:09 p.m.
John Gamlin, Senior Vice President of Discovery Land Company, was
. available to answer any questions; stated primary access is off of Monroe
Street and secondary access off of Avenue 53,
There being no additional requests to speak, the Mayor declared the
PUBLIC HEARING CLOSED at 7:10 p.m.
City Council Minutes
10
December 5, 2006
RESOLUTION NO. 2006-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA.
CALIFORNIA. VACATING 3.117 :t FEET OF AVENUE 53 WEST OF
MONROE STREET (RW-V 2005-014 - SV 2006-0421.
It was moved by Council Members Sniff/Henderson to adopt Resolution No.
2006-126 as submitted. Motion carried with Council Member Kirk
ABSTAINING.
. 2.
PUBLIC HEARING TO CONSIDER ADOPT(ON OF A RESOLUTION OF THE
CITY, COUNCIL INCREASING THE FEE FOR COVERAGE UNDER THE ,
COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION
'.. PLAN TO $2.371 PER DISTURBED ACflE.
"
, Community Development Director Evans presented the staff report.
'The Mayor declared the PUBLIC HEARING OPEN at 7:12 p.m. There being
" no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at '
7:12p.m.
RESOLUTION NO. 2006-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA.
CALIFORNIA. INCREASING THE FRINGE-TOED LIZARD MITIGATION FEE
FOR DEVELOPMENT WITHIN HISTORICAL HABITAT AS IDENTIFIED IN
,'THE' COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT
COl~SERVATION PLAN.
It \vasmoved by Council Members Kirk/Henderson to adopt Resolution No.
2006-127 as submitted. Motion carried unanimously.
,The City Council' convened in joint session with the Redevelopment Agency.
'" . 3. ' COhlTINUED JOINT PUBLI:::: HEARING BETWEEN THE. CITY COUNCIL AND
.. REDEVELOPMENT AGENCY TO CONSIDER A PROPOSED DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LA QUINTA
REDEVELOPMENT AGENCY AND LDD SILVERROCK. LLC FOR THE SALE
AND. DEVELOPMENT OF 52 ACRES OF AGENCY PROPERTY LOCATED
SOUTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND
AVENUE 52 (SILVERROCK RESORTI IN THE LA QUINTA PROJECT AREA
NO.1.
City Council Minutes
11
December 5, 2006
Redevelopment Consultant Frank Spevacek presented the staff report.
In response to Council Member Kirk, Mr. Spevacek responded by stating
the purchase price for the property was $80,900 per acre in 2002, and
there is no subsidy provision to the developer in the agreement.
City Attorney Jenson reported changes to the Disposition and Development
Agreement.
The Mayor declared the PUBLIC HEARING OPEN at 8:50 p.m.
Ted Lennon, LDD SilverRock, stated he was available to answer questions
and thanked the Council for this opportunity of development.
Joe Broido, 77-510 Calle Nogales, commented on it being a critical
moment with. development of SilverRock; requested a, copy of the
presentation; questioned if the Finance Director has produced a financial
report of the development; questioned if development contingent upon a
second golf course; stated concern for adequate parking; and questioned
what would be done if Native American artifacts are found.
There being no additional requests to speak, the Mayor declared the
PUBLIC HEARING CLOSED at 7:55 p.m,
City Attorney Jenson explained an additional modification of Attachment 5
of the Disposition and Development Agreement.
Council Member Kirk requested the staff presentation be made available to
the public; stated he has significant reservations with Redevelopment Law,
however the Agency/Council has shown great vision and is in full support
of moving forward with development.
Council Member Osborne thanked staff for their efforts to bring this project
to fruition.
Council Member Sniff also conveyed thanks to the City Manager for
overseeing this project and consistently moving it forward.
City Council Minutes
12
December 5, 2006
RESOLUTION NO. 2006-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A.
CALIFORNIA. APPROVING A DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND
LDD SILVERROCK. LLC FOR THE PROPERTY LOCATED SOUTHWEST OF
THE INTERSECTION OF JEFFERSON STREET AND AVENUE 53.
It was moved by Council Members Kirk/Sniff to adopt Resolution No.
2006-128 as submitted. Motion carried unanimously.
ADJOURNMENT
There 'being no further business, it was moved by Council .Members
,Henderson/Kirk to adjourn. Motion carried unanimously.
Respectfully submitted,
VERONICA J ONTECINO, CMC, City Clerk
City of La Quinta, California