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2007 02 06 CC Minutes LA GUINTA CITY COUNCIL MINUTES FEBRUARY 6, 2007 A regular meeting of the La Guinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with labor negotiators. Ski Harrison and Thomas P. Genovese, regarding negotiations with the City of La Quinta unrepresented employees: Building & Safety Director, City Clerk, Community Development Director, Community Services Director, Finance Director, and Public Works Director. pursuant to Government Code Section 54957.6. 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 of an interest in real property identified as APN 775-220-021. Property Owner/Negotiator: Crown Pointe Partners, LLC.. Louis Swart. (See announcement on Page 2.) 3. 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 property. Property Owners/Negotiators and Property APN: 600-030-017, Kessler; 600-020- 004, -005 - Mazzela; 643-090-024 - WKL Canyon Ridge Association; 646- 070-013 - Westport; 770-040-012 - Spengler; 764-240-004 - KB Homes; and 764-240-002, -003, -005 - Schumacher. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None City Council Minutes 2 February 6, 2007 CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS City Attorney Jenson announced Mayor Adolph did not participate in Closed Session Item No.2 relating to Conference with the City's real property negotiator, Douglas R. Evans, and Crown Pointe Partners, LLC., Louis Swart, due to a conflict of interest - proximity of personal property at PGA West. PRESENTATIONS - None WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, PALM DESERT CAMPUS, DATED JANUARY 23, 2007, REGARDING PARTICIPATION IN THE PRESIDENT'S CUP GOLF TOURNAMENT. Council Member Henderson suggested sending the University a thank you letter. Council Member Kirk stated he was contacted by the University and they would like to speak to the Council on this item. He suggested bringing this item back as a Business Session item at the next meeting for discussion. Following discussion, it was the consensus of the Council to bring this item back as a Business Session item at the February 20, 2007 City Council meeting. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of January 16, 2007, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 6,2007. City Council Minutes 3 February 6, 2007 2. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE VILLAGE TRAFFIC CIRCLE IMPROVEMENTS, PROJECT NO. 2004-09. 3. DENIAL OF CLAIM FOR DAMAGES FILED BY FRANCISCO RAZO - DATE OF LOSS: NOVEMBER 12, 2006. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY TRUMBALL SERVICES (SUBRO: DEBORAH HIGGINS) - DATE OF LOSS: SEPTEMBER 15, 2006. 5. ACCEPTANCE OF EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS, PROJECT NO. 2001-06. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 24837, DESERT FAIRWAYS, LANDMARK LAND OF CALIFORNIA, INC. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 25389-1, DESERT FAIRWAYS, LANDMARK LAND OF CALIFORNIA, INC. 8. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32225, SANTERRA, G5 ENTERPRISES, INC. (RESOLUTION NO. 2007-005) 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ACCOUNTING MANAGER TO ATTEND THE 2007 CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS (CSMFO) CONFERENCE IN MODESTO, CALIFORNIA, MARCH 6-9, 2007. 10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE 2007 PLANNERS INSTITUTE IN SAN DIEGO, CALIFORNIA, MARCH 21-23,2007. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION'S (APA) 2007 NATIONAL PLANNING CONFERENCE IN PHILADELPHIA, PA, APRIL 14-18, 2007. 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH COMMUNITY WORKS DESIGN GROUP (CWDG) TO PREPARE THE PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) FOR THE AVENUE 52 AND AVENUE 54 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-03 AND 2006-09. City Council Minutes 4 February 6, 2007 13. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE STREET RIGHT-OF-WAY FROM PRICES NURSERY AND GARDEN SUPPLY TO CONSTRUCT THE AVENUE 52 BRIDGE WIDENING IMPROVEMENTS, PROJECT NO. 2005-02. (RESOLUTION NO. 2007-006) 14. APPROVAL OF A COOPERATIVE AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS ON JEFFERSON STREET FROM FRED WARING DRIVE TO HIGHWAY 111 WITH THE CITY OF INDIO. 15. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH COMMUNITY WORKS DESIGN GROUP FOR THE DESIGN OF THE LA GUINTA SPORTS COMPLEX REHABILITATION PLAN, PROJECT NO. 2006-17 . 16. ADOPTION OF A RESOLUTION APPROVING SALARY RANGE ADJUSTMENTS FOR MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS. (RESOLUTION NO. 2007-007) 17. ADOPTION OF A RESOLUTION AND AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE LA GUINTA CITY EMPLOYEES ASSOCIATION REGARDING SALARY RANGE ADJUSTMENTS. (RESOLUTION NO. 2007-008) 18. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PEARSON ARCHITECTS, INC., TO PROVIDE CONSTRUCTION ARCHITECTURAL SERVICES FOR THE CITY HALL EXPANSION, PROJECT NO. 2002-1. 19. ACCEPTANCE OF DUNE PALMS ROAD AT WESTWARD HO DRIVE STREET IMPROVEMENTS, PROJECT NO. 2004-07A, AND APPROVAL OF CONTRACT CHANGE ORDER NO.2. 20. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WILDAN TO PREPARE THE CITYWIDE SPEED LIMIT STUDY, PROJECT NO. 2006-14. 21. ACCEPTANCE OF MADISON STREET REHABILITATION IMPROVEMENTS PROJECT (AVENUE 54 TO AIRPORT BOULEVARD), PROJECT NO. 2003-07C, AND APPROVAL OF CONTRACT CHANGE ORDER NO.2. 22. ADOPTION OF A RESOLUTION TO EXTEND THE TIME OF COMPLETION OF IMPROVEMENTS UNTIL A DATE OF MARCH 1, 2007, FOR AMENDED TRACT MAP 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC. (RESOLUTION NO. 2007-009) . City Council Minutes 5 February 6, 2007 23. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE, AND AUTHORIZATION TO ADVERTISE FOR BID THE MUSEUM EXPANSION, PROJECT NO. 2006-10. Council Member Henderson commented on the timing of the project and the favorable opportunity to receive bids on this project. Don Ahrens thanked the Council and staff; announced a Special Hall of Fame Reception will be held; and complimented the City for their involvement in the community. 24. .AUTHORIZATION TO NEGOTIATE A CONTRACT EXTENSION WITH THE ROSENOW SPEVACEK GROUP FOR REDEVELOPMENT/ECONOMIC DEVELOPMENT SERVICES. 25. APPROVAL OF A CONTRACT AMENDMENT WITH HILTON, FARNKOPF, & HOBSON, LLC FOR WORK ASSOCIATED WITH CONTRACT NEGOTIATIONS FOR AN AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS. 26. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE FRANK SINATRA COUNTRYWIDE CELEBRITY INVITATIONAL GOLF TOURNAMENT TO BE HELD FEBRUARY 23-24, 2007, AT THE INDIAN WELLS COUNTRY CLUB. (RESOLUTION NO. 2007-010) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended with Item Nos. 8, 13, 16, 17, 22, and 26 being approved by RESOLUTION NOS. 2007-005 through 2007-010 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. Recreation Supervisor Ambriz presented the staff report. Marilyn Yates, Children's Discovery Museum of the Desert, stated the museum is one of the few wholesome areas in the valley; announced the Duck Pluck event will be held at The River in Rancho Mirage to raise funds to supplement operating costs; stated La Quinta represents 6% and 12% of the membership. In response to Council Member Osborne, Ms. Yates confirmed the 2,700 youths visiting the museum were from La Guinta. Ms. Yates confirmed the cost for an annual membership to the museum is $1 8. City Council Minutes 6 February 6, 2007 Col. Paul Tanner, General Patton Desert Training Center, stated 150 students from Social Studies class have visited the trailer; 2,500 La Guinta High School students have been able to visit the mobile unit; stated planning a national tour with the help of the American Legion; and thanked the City Council for their support. Sharon Stevens, Executive Director, Smile Factory for Children of the Desert, stated the organization provides screening for all schools and a free toothbrush; corrective and preventative treatment are given to the students; and announced the organization has obtained a new $500,000 mobile unit which is towed to each school. Council Member Osborne questioned the number of kindergarten students in La Guinta. Ms. Stevens stated 305 kindergarten students were from La Guinta and gave the statistic of the number of children receiving treatment. Mayor Adolph questioned the length of stay of the trailer at each school. Ms. Stevens stated the units are at the schools from 5 days to 3 weeks. Bill Cuff, Chairman, Leadership Coachella Valley, stated the program was founded in 1999 to provide leadership training skills in the community; have had over 200 graduates; and stated they plan to enhance the program. Council Member Osborne questioned the original tuition cost of the program. Mr. Cuff stated the tuition has been $840 the last two years. Council Member Osborne questioned if businesses could increase their sponsorship. Mr. Cuff stated many businesses can afford to pay more, and many small businesses cannot afford it. Council Member Osborne questioned if there has been an increase in students attending the program. Mr. Cuff responded by stating there have been up to 40 students and as little as 30. In response to Council Member Henderson, Mr. Cuff confirmed the program is voluntary. David Hill, Coach, La Guinta High School Colorguard, explained the school is requesting a grant to apply toward traveling expenses for the Colorguard to attend the International World event to be held in Ohio. Council Member Henderson questioned how much traveling is involved. Mr. Hill stated the Colorguard travels to compete regionally, to a competition in Las Vegas, and ultimately to Ohio for the World Championships. In response to Mayor Adolph, Mr. Hill stated the students' grades are monitored by the students submitting progress reports. Ann Grier, Virginia Waring International Piano Competition, stated the 2005 event was very successful and as a result the program has been revised to include Junior and Intermediate divisions. In response to Council Member Osborne, Ms. Grier confirmed 150 youths were involved in the competition and stated the organization will be visiting local schools to invite them to the competition. City Council Minutes 7 February 6, 2007 Geralee Downing, representing her daughter with the International Student Volunteer Program, stated two students have been assigned to volunteer in New Zealand this summer. Laurie Nadeau, KMIR-TV, thanked the Council for supporting the Teen Driver program last year; gave statistics relating to teen drivers; stated 37% of the students from last year were in the program. Council Member Sniff moved to appropriate an additional $8,000 from the General Fund to provide $2,000 for each grant. Motion failed for a lack of a second. Council Member Henderson stated it is impossible not to feel for each organization; based on the questions asked, the Council is primarily concerned that La Guinta is prominently involved; stated it is important to note the City has guidelines for the applications - cannot be funded two years in a row, limit is $2,000; and concluded by stating the decision is based on the proper participation of the City. There was consensus of the Council that the Leadership Coachella Valley program should be funded by the businesses; and it was noted that KMIR-TV received grant funding last year. MOTION - It was moved by Council Members Kirk/Henderson to approve Community Services Grants as follows: Children's Discovery Museum of the Desert, $2,000; General Patton Desert Training Center, $2,000; The Smile Factory for the Children of the Desert, $2,000; La Guinta High School Colorguard Club, $2,000; The Virginia Waring International Piano Competition, $1,000; The International Student Volunteers Program, $1,000, and to appropriate $1,450 from the General Fund to the Special Projects Contingency Account. Motion carried unanimously. Mayor Adolph recessed the City Council meeting at 5:00 p.m. and reconvened the meeting at 5:05 p.m. City Council Minutes 8 February 6, 2007 The City Council took up the Study Session item regarding Sphere of Influence east of the city limit at this time. STUDY SESSION 1. DISCUSSION OF SPHERE OF INFLUENCE EAST OF CITY LIMIT. Community Development Director Evans presented the staff report. Council Member Kirk thanked the Community Development Director and staff for all their hard work to compile the staff report; stated it is critical to discuss merits or demerits to annex property into the City; and stated based on the sense from the meetings held, it is imperative to review the fiscal reality with the County. Council Member Osborne agreed with Council Member Kirk and stated the financial position of the City must be worked out prior to consideration of annexation. Council Member Kirk requested staff to present only the fiscal issues of their presentation. Council Member Sniff stated he has been a strong advocate to annex property from the East and Southeast and felt annexation would have benefited all; stated the project has been killed by the County's unwillingness to share the benefits in working with the City; and stated the City would be put in the financial position to make improvements. Mayor Adolph stated he would not put the burden of taxation on the residents. Community Development Director Evans gave a brief presentation of the process and fiscal models of annexation, and the fiscal analysis. Mr. Frank Spevacek gave a brief presentation on the fiscal background, sample development, options; and sphere of influence development analysis. .Council Member Henderson questioned if the deficit was in General Fund dollars, to which Mr. Spevacek responded, "Yes." She understood if the county shared 25% of the RDA, the deficit might change but it would not be General Fund monies. Mr. Spevacek stated in an effort to mitigate fiscal impacts of development in the project area, the City's proposal to the County was to enter a pre-annexation agreement with the County to fund General Fund costs through a fiscal mitigation payment from the County redevelopment agency. City Council Minutes 9 February 6, 2007 Mayor Adolph questioned if the assessment area district could go away, and if there was a legal binding contract, how could it be voted to be dissolved. Community Development Director Evans stated according to State law, there is a process for residents in the district to vote to discontinue the district; and stated staff is available to pursue this analysis and report back to the Council. Council Member Osborne inquired about the timing to receive responses from the business community regarding implications of establishing a Community Facilities District and Community Services District for the area. Community Development Director Evans stated it would take 30 to 60 days to report back to the Council, depending on the response from the business community. Council Member Kirk questioned if the Police and Fire assumptions are based on assuming 5% increase per year, and if most of the increase comes from salary and benefits. Mr. Spevacek stated there are two components, salary and benefit increases and increase to personnel. Council Member Kirk questioned if the City does not annex this area, will residents have a difficult time getting a higher level of service from the County. Mr. Spevacek stated the discussion with the County revealed the costs would be off-set with the Community Services District. Community Development Director Evans stated staff has discussed the issue of service level with County staff and concluded the residents currently do not receive the level of service provided by La Guinta. In response to Council Member Kirk, Community Development Director Evans stated the experience with Riverside County providing high-quality development depends on the role of the City. Council Member Henderson thanked the staff for the modeling of development; stated would be interesting to take a model of today's resident and compare it to a future development in costs; stated the County has set a model in place regarding the future dollars they will receive; conveyed the importance of the City's involvement when Avenue 62 is addressed and need to have some land in the area; and stated the City can't close the doors on something that looks frightening, but need to continue to work with partners on it. Joe Broido, 77-510 Calle Nogales, thanked the staff on the extraordinary amount of work done on this project; and stated Council's allegiance should lay in the concern of the residents; and questioned the reason for considering the annexation. City Council Minutes 10 February 6, 2007 Thomas Noya, business owner, still very interested in being annexed into the City; stated he understands the fiscal responsibility of the Council and is willing to continue to work with staff on this issue. Council Member Osborne stated in respect to a Community Service District and Community Facilities District, the City must explore those issues before making a decision to annex. In response to Council Member Henderson, Mr. Spevacek confirmed if the property proposed for pre-annexation is toward commercial, it would come in with a land value; and also confirmed the property could be developed under a Development Agreement and could provide funding per unit. It was the consensus of the Council to bring this item back as a Business Session item at the February 20, 2007 meeting. BUSINESS SESSION 2. CONSIDERATION OF SPOT MARKETING INITIATIVE AND REQUEST FOR FUNDING FROM THE PALM SPRINGS DESERT RESORTS CONVENTION ANI:!. VISITORS AUTHORITY. Management Analyst Casillas presented the staff report. Council Member Henderson questioned if this was the type of program intended to be utilized when the budget was prepared. Management Analyst Casillas confirmed and stated one of the options would be to concentrate more on tourism which is difficult to do on our own. Council Member Sniff stated this program would conceivably be implemented on a down market as we are in the second half of our season, and questioned how long it would take to implement the program. Mr. Woody Peak, CV A, stated they have been discussing this program with the airlines since September 2006 and explained the period of time to impact the airlines is in April, May, and June. Mayor Adolph questioned where did the CV A get the funding to provide $200,000 toward the program and if the request for funding will be an ongoing situation. Mr. Peak stated the CV A leadership felt this area must be addressed as booking the window of the flights is 45 days prior to travel. Mayor Adolph questioned why the funding was not built into the budget this City Council Minutes 11 February 6, 2007 year. Mr. Peak stated the budget was $200,000 for airline support, and another $200,000 would help expand the market to other airlines. Council Member Osborne stated it has been a challenge to bring in tourism due to the airlines and flights into the Valley, questioned how well does the program work, and if there are any numbers to show how well it does work. Mr. Peak stated the program has not been done in this area before, but experience has shown it promotes air growth, and explained the measurement of success would be 18 months to 2 years in relation to growth of air flights, loads, and extensions. In response to Council Member Kirk, Management Analyst Casillas confirmed $242,000 has been budgeted and $13,000 has been spent for this fiscal Year. Council Member Kirk stated the City has an opportunity to spend some money now on a cost effective program, and that this is a good use of money. Council Member Sniff questioned how many daily flights this program would create. Mr. Peak stated he is unable to provide an estimate and explained flights are currently running at 70% capacity, which gives the opportunity to increase capacity by 30%. In response to Mayor Adolph, Mr. Peak stated the airlines have provided a 10% discount to fill the seats on flights. MOTION - It was moved by Council Members Kirk/Henderson to approve a $50,000 funding request by the Palm Springs Desert Resorts Convention and Visitors Authority for a Spot Market Campaign. Motion carried 4-1, Council Member Sniff dissenting. Mayor Adolph recessed the City Council meeting at 6:34 p.m. and reconvened the meeting at 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS Gueen Scheherazade Jessica Walls and her Court, Princess Dunyazade: Cassandra Fausel and Princess Jasmine: Sarah Manning, representing the 2007 Riverside County Fair and National Date Festival, invited everyone to attend the festival. City Council Minutes 12 February 6, 2007 * * * * * * * * * * * * * * The Mayor and Council Members presented art awards to the following students of La Guinta High School whose artwork has been displayed at City Hall: Alisa Acosta-Putz Andrea Albedrop Olivia Anderson Amanda Beltran Matt Bonetti Myles Chapman Kimberly Clarke Lyndsey Collins Ernie Cortazar, III Jack De Los Reyes Mike Dickerson Emily DiPari Samuel Dominguez Craig Flath Edgar Garcia Haley Glenn Shelby Goodwin Ty James Richie Jano Kylie Knight Angie Magana Carlin McCasland Katherine Metchikoff Lisa Morgan Sebastian Palomino Emily Perdue Monica Phillips Mariah Guill Courtney Raymond Chelsey Reynolds Cara Riebsomer Kathrin Tan Laura Thornton Andrea Torres Alyssa Velasquez Rose Winters Diana Wong PUBLIC HEARINGS 1. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION TO VACATE A PORTION OF PUBLIC UTILITY EASEMENT WITHIN DESERT CLUB TRACT UNIT. 4. Public Works Director Jonasson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:22 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at p.m. RESOLUTION NO. 2007-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF PUBLIC UTILITY EASEMENT WITHIN DESERT CLUB TRACT UNIT 4 (STREET VACATION 2006-043). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2007-012 as submitted. Motion carried unanimously. City Council Minutes 13 February 6, 2007 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL CERTIFYING ENVIRONMENTAL ASSESSMENT 2006-579, APPROVING SPECIFIC PLAN 2006-081 FOR DESIGN GUIDELINES AND DEVELOPMENT STANDARDS, TENTATIVE TRACT MAP 35060 FOR THE SUBDIVISION OF 28.33 ACRES INTO 74 RESIDENTIAL LOTS WITH AMENITY AND STREET LOTS, AND SITE DEVELOPMENT PERMIT 2006-873 FOR LOT SIZE, SETBACKS, AND DENSITY FOR THE PROPERTY LOCATED ON WASHINGTON STREET AND NORTHWEST OF THE AVENUE 48 TERMINUS. APPLICANT: LAING LUXURY HOMES. Community Development Director Evans and Planning Manager Johnson presented the staff report. In response to Council Member Osborne, Planning Manager Johnson confirmed the change of the north entrance to allow only egress at the gate. Council Member Osborne questioned if the cost has been established with the developer whether a traffic signal is installed or not. Public Works Director Jonasson stated a bond would be established and refunded if the traffic signal entrance is not utilized. Mayor Adolph questioned if the signal at Lake La Guinta Drive would have been utilized by both the St. Francis of Assisi Church and Fox Homes. Public Works Director Jonasson stated the Laing Luxury Homes project has been proposed before the church's project and the developer is working with the church on an agreement relating to the signal. Community Development Director Evans interjected that it is to the church's advantage to come to an agreement with the developer in order to cover some of the costs of the signal. Mayor Adolph expressed his concern of the developer moving ahead on the project before the matter is rectified. Council Member Osborne questioned the width of the existing sidewalk that the proposed 12 foot sidewalk will meet. Planning Manager Johnson stated it is 8 feet. Community Development Director Evans informed the Council the Golf Cart Plan may require the city to revise the hard construction if heavily used. In response to Council Member Osborne, Planning Manager Johnson stated the set-back of the front wall on Washington Street will vary from 20 to 50 feet. Planning Manager Johnson confirmed with Council Member Osborne that the minimum number of vehicle stacking at the entrance is three. Council Member Osborne questioned if both a deceleration and acceleration lane will be installed on Washington Street. Planning Manager Johnson stated only a deceleration lane will be installed. In response to Council Member Osborne, Planning Manager Johnson stated the street width requirement for the City Council Minutes 14 February 6,2007 interior streets is 36 feet and the Haciendas in the development have a requirement of a 20 foot set-back for a garage with two car parking on the street. Council Member Henderson requested staff read Condition No. 3 regarding the Washington Street fence. Planning Manager Johnson reiterated the condition. In response to Council Member Henderson, Planning Manager Johnson clarified the wall on Washington Street will have breaks in it and the north and south walls will be solid. In response to Council Member Henderson, City Attorney Jenson confirmed the City may condemn certain property for eminent domain for a street for public purposes, and explained the process briefly. Community Development Director Evans stated the church would not pay 100% of the costs to install a signal at Lake La Guinta Drive, but will be obligated to pay a large portion of the costs. Council Member Henderson questioned the set-back restrictions for the fence on Washington Street and the shortest distance. Planning Manager Johnson replied it is 20 feet. In response to Council Member Henderson, Community Development Director Evans stated it is possible to prepare for a 1 2 foot sidewalk, install an 8 foot sidewalk, and bond for the remaining 4 feet, but it would be disruptive to go back and install the additional 4 feet. Public Works Director Jonasson stated the existing sidewalks on Washington Street just north of the project is 8 feet wide. Mayor Adolph questioned where the golf carts would be coming from if traveling on the sidewalk from the south. Community Development Director Evans stated the Golf Cart Plan envisions the sidewalk would be used to gain access to the Highway 111 corridor. Planning Manager Johnson stated the project proposes a higher height for the entrance tower at 28 feet and the Planning Commission conditioned the height to 22 feet; and further stated additional deviations were proposed regarding lot size for the Bungalow units as well as set-backs and lot coverage, in response to Council Member Kirk. Public Works Director Jonasson stated the minimum street width is 32 feet, and explained the auto street width standards are based by the Fire Department requirement to access the street by a fire engine, in response to Council Member Kirk. In response to Council Member Kirk, Planning Manager Johnson stated the berm height proposed by Fox Homes was not known. Council Member Kirk questioned if openings are being proposed in the wall, and some of the pads closest to Washington Street will be 6 feet above Washington Street, then City Council Minutes 15 February 6, 2007 the rear yards will be looking into the open area. Mr. Jarvis, Laing Luxury Homes, replied by stating benches and fencing will be installed in portions of the open area. In response to Council Member Kirk, Community Development Director Evans stated noise studies are commonly conducted at the conceptual stage of the project and suggested the Council add a condition for the developer to conduct an additional noise study at the final grade plan and wall plan, where the open area may become the noise barrier with openings in the fence on Washington Street. Planning Manager Johnson stated the height of the retaining wall is approximately 25 to 30 feet, in response to Council Member Kirk. In response to Mayor Adolph, Planning Manager Johnson stated the Planning Commission added a condition to allow the developer flexibility to add color and enhance the entrance to the development. Public Works Director Jonasson stated the only alternative to exit the development without a traffic signal is a right turn-out, in response to Mayor Adolph's concern of residents making a left or u-turn on Washington Street. In response to Mayor Adolph, Planning Manager Johnson stated the greatest impact to the view of the residents at the north perimeter is at the eastern end of the perimeter. The Mayor declared the PUBLIC HEARING OPEN at 8:23 p.m. A.J. Jarvis, Laing Luxury Homes, stated community outreach has been conducted, including to Laguna De La Paz residents; gave a background of the previous tentative tract map filed as compared to the new tentative tract map; stated they have not come to an agreement with all items of concerns and referred to a letter submitted from the Laguna De La Paz Homeowner's Association to the Council; stated it is a pedestrian community plan which includes a central park. Mr. Jarvis reviewed Conditions Nos. 10, 26(c)(2), and 30(bl. and stated a tentative agreement has been made with St. Francis of Assisi Church to allow egress only from the development; requested removal of condition requiring 1 2 foot sidewalks; addition of a condition to raise pads 12-25 up 3 feet; and retain all water drainage on property. In response to Council Member Henderson, City Attorney Jenson stated the City may be able to require St. Francis of Assisi Church to allow ingress and egress at the signal on Lake La Guinta Drive, provided the City is not bound to language in the agreement with Laing Luxury Homes. Helen Ready, 48-241 Calle Floristas, stated residents oppose the removal of the north perimeter wall at Laguna De La Paz. City Council Minutes 16 February 6, 2007 Richard Novak, 48-239 Calle Floristas, stated concern of bordering wall installed on top of berm; requested careful consideration of the drainage. Mayor Adolph suggested the wall be installed at the base of the berm. Mr. Jarvis stated the matter could be studied. George Palmer, 48-610 Paseo Tarazo, President of the Homeowner's Association of Laguna de La Paz, stated residents have concerns regarding water runoff, and referred to a letter submitted to the Council stating the concerns on four of the conditions proposed. Council Member Henderson questioned if Mr. Jarvis had seen the letter submitted by the Homeowner's Association. Mr. Jarvis stated he has seen the letter and has agreed to conditions 1 and 4. Council Member Henderson conveyed her concern of conditions 2 and 3 which proposes to remove language from the agreement stating "at the discretion of the City Engineer." Public Works Director Jonasson stated the language is necessary to allow latitude in the development, Mrs. Novak, invited the Council to her home to observe the view from her living room and dining room. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:05 p.m. At 9: 19 p.m., the Mayor declared the PUBLIC HEARING REOPENED. MOTION - It was moved by Council Members Sniff/Osborne to continue the public hearing regarding residential development for the property located on Washington Street and northwest of Avenue 48 terminus, Applicant: Laing Luxury Homes, to February 20, 2007. Motion carried unanimously. Mayor Adolph recessed the Council meeting at 9:24 p.m. to the Redevelopment Agency Meeting and reconvened at 10:00 p.m. BUSINESS SESSION 3. CONSIDERATION OF CITYWIDE HISTORIC RESOURCES SURVEY UPDATE. Council Member Osborne questioned if anyone should want to enhance or demolish a property listed, would the permits be different with properties not on this list. Community Development Director Evans stated the list is a survey based on written records that meet the criteria, and gave a background of the issue. City Council Minutes 17 February 6, 2007 Council Member Sniff stated there is no sense with the list as there are very few historic buildings in the city. In response to Council Member Henderson, Community Development Director Evans stated there are no properties included on the current list from the 1996-97 survey. RESOLUTION NO. 2007-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING THE FINAL REPORT AND SURVEY DOCUMENTS FOR THE CITY OF LA QUINTA HISTORIC RESOURCES SURVEY UPDATE. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2007-011 as submitted. Motion carried 4-1, Council Member Sniff dissenting. 4. .CONSIDERATION OF A SILVERROCK RESORT AD-HOC COMMITTEE. City Manager Genovese presented the staff report. MOTION - It was moved by Council Members Osborne/Kirk to establish an Ad-Hoc Committee to address operations, Phase II, and private development at the SilverRock Resort property with a sunset on December 31, 2007. Motion carried 4-1, Council Member Henderson dissenting. MOTION - It was moved by Council Members Kirk/Osborne to appoint Mayor Adolph and Council Member Osborne to the SilverRock Ad-Hoc Committee. Motion carried 4-1, Council Member Henderson dissenting. 5. SECOND READING OF ORDINANCE. ORDINANCE NO. 434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 9.20.030 AND 9.50.030 TABLE 9-2, "PLANNING," PERTAINING TO THE REFERENCING OF EXISTING SPECIAL ZONING SYMBOLS (ZONING TEST AMENDMENT 2006-085). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 434 on second reading. Motion carried by the following vote: City Council Minutes 18 February 6, 2007 A YES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee - Council Member Kirk stated a subcommittee will be established to focus on education for energy use. CVAG Human and Community Resources Committee - Council Member Osborne stated the creation of the C.V. Crisis Response Team has replaced the TIP program; and reported discussion on grading system for animal shelters. CVAG Valley-wide Homeless Committee - Council Member Osborne stated the Committee has entered into a contract with Patricia Carlyle- Pile to assist in establishing the program. Sphere of Influence Sub-Committee - Council Member Osborne reported the main discussions were density issues in four different areas and an agreement does not seem likely; the area will not support the commercial needed in the area; utility easements for water, drainage, was suggested to be utilized for lifestyle. Jacqueline Cochran Regional Airport Authority - Council Member Osborne reported the Authority received a financial report; and stated preparation is underway for next year's air show. CVAG Executive Committee - Mayor Adolph stated a resolution to support the regional housing needs assessment was approved; however he cautioned the numbers regarding density requirements are unrealistic. C.V.W.D. Joint Water Policy Committee - Mayor Adolph stated a report from CVWD was received reporting 200,000 acre feet; 142,000 acre feet of water are missing. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Attorney Jenson stated the preliminary draft memo regarding the waste franchise will be provided to the Council soon. City Council Minutes 19 February 6, 2007 MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Osborne referred to La Guinta Park and stated the Water District has a well site on the northwest corner of the park, and questioned if it is possible to create a dog park on the site with minimal cost. Council Member Henderson cautioned that once a park is established in the community, it would be difficult to remove it if necessary in the future. Council Member Osborne further stated the youth have figured a way to bring their bicycles into the skateboard park. City Manager Genovese stated the fencing makes it difficult to remove the bicycles and the premises are being monitored by video camera. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Osborne to adjourn. Motion carried unanimously. ;;Z'Y'Ub:'ttoo, VERONICA J. NTECINO, City Clerk City of La Guinta, California