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2007 07 03 CC Minutes LA QUINTA CITY COUNCIL MINUTES JULY 3, 2007 A regular meeting of the La Quinta 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 Bret Plumlee, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 -Meet and Confer Process. 2. Conference with the City's legal counsel regarding pending litigation - Save Our La Quinta Neighborhood v. City of La Quinta - Riverside Superior Court Case No. INC066377, pursuant to Government Code Section 54956.9(a). 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 Joshua Welty, 895 Dove St. #200, Newport Beach, requested clarification from Council for a condition of approval for the perimeter wall height for Tentative Tract Map 35060. Mayor Adolph requested staff review the matter and report back to the City Council. City Council Minutes 2 July 3, 2007 CONFIRMATION OF AGENDA City Manager Genovese requested to remove Consent Calendar No. 19 from the agenda. Council Member Kirk requested to pull Item Nos. 5, 9 and 15 from the Consent Calendar for separate action. Council Member Osborne requested to pull Item No. 16 from the Consent Calendar for separate action. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM BOB HARGREAVES, DATED JUNE 18, 2007, REGARDING SUPPORT FOR THE FAMILY YMCA "BUILDING OUR VALLEY'S FUTURE CAMPAIGN." Bob Hargreaves, of YMCA of the Desert, requested moral/financial support from the City by adopting a resolution of support. Council Member Kirk requested this item be brought back at the July 17, 2007 meeting. Mayor Adolph requested the last paragraph of the resolution be revised. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 19, 2007, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Kirk to approve the City Council Special Meeting Minutes of June 21, 2007, as submitted. Motion carried unanimously. City Council Minutes 3 July 3, 2007 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 3, 2007. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM E. HOWARD LONG TO THE LA QUINTA FITNESS CENTER. (RESOLUTION NO. 2007-056) 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO ATTEND THE 2007 LOCAL AGENCY INVESTMENT FUND (LAIF) CONFERENCE OCTOBER 11-12, 2007, IN SACRAMENTO, CALIFORNIA. 4. ACCEPTANCE OF PERIMETER OFF-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 29351, LA QUINTA CORPORATE CENTRE, 111 VENTURE, LLC. 5. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH EAST OF MADISON, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR STREET AND RAISED LANDSCAPE MEDIAN IMPROVEMENTS ON AVENUE 52 BETWEEN MADISON STREET AND A HALF MILE EAST OF MADISON STREET. (See separate action below.) 6. ACCEPT A GRANT OF EASEMENT FOR PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FROM REA LA QUINTA, LLC, ON DEPOT DRIVE NORTH OF HIGHWAY 111, ASSOCIATED WITH PARCEL MAP 34123. 7. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE PARK AVENUE LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-15. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON-SITE IMPROVEMENTS FOR TRACT MAP 31798, WATERMARK VILLAS, WATERMARK GRANITE LA QUINTA, LLC. (RESOLUTION NO. 2007-057) 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFF-SITE IMPROVEMENTS FOR TRACT MAP 31798, WATERMARK VILLAS, WATERMARK GRANITE LA QUINTA, LLC. (RESOLUTION NO. 2007-058) (See separate action below.) 10. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2007/2008. City Council Minutes 4 July 3, 2007 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT CITY MANAGER-DEVELOPMENT SERVICES AND TWO MANAGEMENT ANALYSTS TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS TRADE SHOW IN SAN DIEGO, CALIFORNIA, SEPTEMBER 18-20, 2007. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO STAFF MEMBERS TO ATTEND THE 2007 CALIFORNIA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION (APA) CONFERENCE IN SAN JOSE, CALIFORNIA, SEPTEMBER 30 - OCTOBER 3, 2007. 13. DENIAL OF CLAIM FOR DAMAGES FILED BY DANIEL ALEXANDER - DATE OF LOSS: DECEMBER 2, 2006. 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO MEMBERS -Of THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS' EXECUTIVE FORUM TO BE HELD JULY 25-28, 2007, AND ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS MEETING TO BE HELD JULY 28-29, 2007, IN MONTEREY, CALIFORNIA. 15. APPROVAL OF A CONTRACT BETWEEN EMERY LANDCLEARING AND GRADING, LLC, AND THE CITY OF LA QUINTA FOR DEMOLITION AND RECYCLING SERVICES AT THE AGENCY-OWNED 19.9-ACRE COMMERCIAL AND RESIDENTIAL SITE ALONG HIGHWAY 111 (APN: 649-030-016 AND -017), AND THE APPROPRIATION OF $36,000. (See separate action below.) 16. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH KINER COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2007/2008. (See separate action below.) '17. APPROVAL OF SECOND READING OF ORDINANCE 439, AMENDING, TITLE 9, CHAPTER 9.20 ("ZONING DISTRICTS") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 9.20.050 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES IN THE CITY. 18. APPROVAL OF SECOND READING OF ORDINANCE 440, AMENDING CHAPTER 9.30.030 AND ADDING CHAPTER 9.50.100, OF TITLE 9, "PLANNING," PERTAINING TO DEVELOPMENT STANDARDS IN THE SOUTHEAST POLICY AREA - ZONING TEXT AMENDMENT 2006-085. City Council Minutes 5 July 3, 2007 19. THIS ITEM WAS REMOVED FROM THE AGENDA - SEE CONFIRMATION OF AGENDA. (APPROVAL OF A REIMBURSEMENT AGREEMENT WITH CORAL MOUNTAIN TRAILS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR JEFFERSON STREET REALIGNMENT/IMPROVEMENTS (STREET TO BE RENAMED BY CITY OF LA QUINTAl FROM THE REALIGNED NORTHERLY TERMINUS ON AVENUE 58 TO THE NORTHERLY BOUNDARY OF TENTATIVE TRACT MAP 33444. MOTION - It was moved by Council Members Kirk/Sniff to approve the Consent Calendar as recommended with the exception of Item Nos. 5, 9, 15, 16 and 19, and with Item Nos. 2 and 8 being approved by RESOLUTION NOS. 2007-056 through 2007-057 respectively. Motion carried unanimously. ITEM NO.5: MOTION - It was moved by Council Members Sniff/Henderson to approve Consent Item No.5, approving a Reimbursement Agreement with East of Madison, LLC, a Delaware Limited Liability Company, for street and raised landscape median improvements on Avenue 52 between Madison Street and a half mile east of Madison Street. Motion carried by a vote of 4-0-1, Council Member Kirk abstained. ITEM NO.9: In response to Council Member Kirk, Public Works Director Jonasson explained the developer is in the process of funding a loan, and bonds have been filed as part of the Subdivision Improvement Agreement. Public Works Director Jonasson explained the impact to the project if an extension is not granted, and stated the permit expired in December 2006, in response to Council Member Henderson. Pete Bolicke, Innovative Communities, explained it has been a struggle to complete the project in a down-turning market. He confirmed all financing is in place except a portion of loan that has defaulted and they are in the process of refinancing. He requested an extension to December 2007. Council Member Henderson conveyed her support for an extension contingent upon receiving updates on the progress of the development. In response to Mayor Adolph, Mr. Bolicke assured Council the financing will be completed as well as the off-site improvements. Mayor Adolph conveyed his support of an extension contingent upon receiving continual updates, and City Council Minutes 6 July 3, 2007 stated if the property is not cleaned-up, the City will initiate the default process. Council Member Kirk indicated support for a 90-day extension. In response to Council Member Sniff, Mr. Bolicke'stated no improvements have been completed on the project due to funding for the project. In response to Council Member Henderson, City.Attorney Jenson explained action could be taken by Code Enforcement to resolve the nuisance problem on the property; if the developer does not comply by the extension deadline, the City can give notice of default and give 30-45 days notice of suing for the bonds. In response to Council Member Sniff, City Attorney Jenson stated the removal of the dead trees from the property would fall under nuisance abatement from Code Enforcement. MOTION - It was moved by Council Members Kirk/Sniff to approve Consent Item No.9, adopting RESOLUTION NO. 2007-058, extending the time for completion of the off-site improvements for Tract Map 31798, Watermark Villas, Watermark Granite La Quinta, LLC, to September 30, 2007. Motion carried unanimously. ITEM NO. 15: Council Member Osborne recused himself from this item due to a potential conflict of interest. In response to Council Member Kirk, City Attorney Jenson explained the action for this item is to approve the contract and that Assistant City Attorney Houston has reviewed the contract. Assistant City Manager/Development Services Evans explained the percentage of material for recycling to meet the threshold. MOTION - It was moved by Council Members Henderson/Sniff to approve Item No. 15, approving a contract between Emery Landclearing and Grading, LLC, and the City of La Quinta for demolition and recycling services at the Agency-owned, 19.9-acre commercial and residential site along Highway 111 (APN: 649-030-016 and -017), and the appropriation of $36,000. Motion carried by a vote of 4-0-1, Council Member Osborne abstaining. City Council Minutes 7 July 3, 2007 ITEM NO. 16: MOTION - It was moved by Council Members Henderson/Kirk to approve Consent Item No. 16, approving a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2007/2008. Motion carried by a vote of 4-0-1, Council Member Osborne abstaining. Council Member Henderson commented on Item No. 7 relating to the Park Avenue improvements, and thanked staff for completion of the improvements that many residents have been waiting for. Mayor Adolph thanked Kay Wolff for her letter regarding the security issue at the Bear Creek Trail. Council Member Osborne returned to the meeting. BUSINESS SESSION 1. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO THE COMMUNITY SERVICES COMMISSION. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 441 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 441 on first 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 8 July 3, 2007 2. CONSIDERATION OF INVESTMENT ADVISORY BOARD FISCAL YEAR 2007/2008 WORK PLAN. In response to Council Member Osborne, Finance Director Falconer stated the reserves are a little over $200 million; explained the cost of contracting with potential firms; stated the Investment Advisory Board has discussed this matter and conducted their due diligence in this matter. He explained all mechanisms are in place to move forward upon Council's approval. Finance Director Falconer further explained the securities for investment would be held by a third party and not the investment firm; there would be more latitude within our own policy; and gave an example of the access for investments. Council Member Henderson stated the current policy includes the appendix stating the advisory personnel will posses additional latitude and conveyed her hesitancy; stated she is very pleased with staff's performance. In response to Council Member Kirk, Finance Director Falconer explained the investment amount has been increased to $15 million. Council Member Kirk further stated this is an opportunity to obtain professional services in assisting with the investment process. Mayor Adolph conveyed his concern of investing City funds. Council Member Henderson questioned if the risk factor is the same, why is it not in our current policy. Council Member Osborne stated the Investment Advisory Board concluded a professional can conduct investments at a different level than staff, and if the professional is able to increase the percentage of return by 1 %, it would be substantial. Don Moulin, Investment Advisory Board Member, clarified the policy was revised to include a professional money managing firm; stated it should be a profit to the City and should not cost the City; explained the City currently buys and holds, does not trade; stated it is the Treasurer's responsibility to project when funds will be needed; and stated a professional money manager should be engaged only if it can produce a benefit to the City. Council Member Osborne stated there is no additional risk the City would have with a professional money manager because they are purchasing the same things staff is purchasing today; explained the professional is able to buy investments better, and have access to more types of investments than staff; th~re is no additional potential for loss than currently exists; and City Council Minutes 9 July 3, 2007 suggested trying it for a year and reviewing it at that time under the Investment Advisory Board. Mayor Adolph stated staff is recommending approval of the Investment Advisory Board Work Plan, which this is not a part of; and stated he would recommend proceeding on a temporary basis. Council Member conveyed her disagreement with the consensus of the Council, and requested the matter of contracting with a professional investment manager be brought back to the Council. MOTION - It was moved by Council Members Sniff/Osborne to approve the Investment Advisory Board Work Plan for Fiscal Year 2007/2008. Motion carried unanimously. 3. CONSIDERATION OF AN ORDINANCE AMENDING LA QUINTA CITY CHARTER AND MUNICIPAL CODE CHAPTER 2.04, SECTION 2.04.050, CITY COUNCIL (COMPENSATION AND REIMBURSEMENT). Assistant City Manager/Management Services Plumlee presented the staff report. MOTION - It was moved by Council Members Sniff/Osborne to take up Ordinance No. 442 by title and number only and waive further reading. Motion carried by a vote of 3-2, Council Members Henderson and Kirk dissenting. ORDINANCE NO. 442 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.04 (CITY COUNCIL). It was moved by Council Members Sniff/Osborne to introduce Ordinance No. 442 on first reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Osborne, Sniff, Mayor Adolph Council Members Henderson, Kirk None None City Council Minutes 10 July 3, 2007 STUDY SESSION 1. DISCUSSION REGARDING GREEN BUILDING PROGRAM OPTIONS. Planning Director Johnson presented the staff report. Fred Bell, BIA, gave a presentation on the Green Building Program. In response to Council Member Henderson, Mr. Bell explained the reality of the program is affordability and the green element coexist; stated the challenge is dealing with a straight energy mandate with no conservation program; and the developers look only on a capital return. In response to Council Member Kirk, Mr. Bell explained Title 24 will take effect in about a year; stated Palm Springs and Cathedral City have adopted resolutions of support, and will be requesting resolutions of support from other Coachella Valley cities. He added communities in northern California have given financial support to the program. Council Member Kirk requested staff survey communities who are participating in the program financially. Council Member Henderson conveyed her enthusiasm of the agreement between the building industry and cities regarding green building programs; stated builders have taken Green House Gases under consideration, but have not utilized the term. In response to Council Member Osborne, Assistant City Manager/Development Service Evans stated staff is reviewing similar objectives and other ways to conform with the LEEDS Program; and stated staff will report back regarding residential, commercial/industrial, and possibly multi-family at a future meeting. The City Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None City Council Minutes 11 July 3, 2007 PUBLIC HEARINGS 1 . PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING THE COMMUNITY BUILDING ARCHITECTURAL AND LANDSCAPING PLANS FOR SITE DEVELOPMENT PERMIT 2006-857 FOR THE DUNE PALMS NEIGHBORHOOD APARTMENT DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF AVENUE 48 AND DUNE PALMS ROAD. APPLICANT: COACHELLA VALLEY HOUSING COALITION. Planning Director Johnson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:12 p.m. John Aguilar, Coachella Valley Housing Coalition, stated he is in agreement with the proposed conditions. Steve Margetic, Property Management Professionals, stated he is available to answer questions. In response to Council Member Henderson, Mr. Margetic explained potential residents must complete an application, which is reviewed by a compliance group. He also explained all residents will be reviewed on an annual basis to confirm qualifications; and stated management staff will be onsite. Ms. Nadia Greniada explained management of the onsite child care center. Mr. Margetic explained a resident manager will conduct security for the property and that less than 5% of the properties require physical security; and stated it has not been necessary to install security cameras on the properties, in response to Council Member Osborne and Henderson, respectively. Kay Wolff, 77-227 Calle Ensenada, conveyed her support of the project; has observed the management style of these type of facilities; and stated the key to a good apartment community is the management. Emily Romeo, resident of the Watercolors project, stated residents were not informed of the project; conveyed opposition to the three-story buildings adjacent to Watercolors, the number of units, and the noise level; requested the three-story building be eliminated or the buildings adjacent to Watercolors reduced to two-story. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:29 p.m. City Council Minutes 12 July 3. 2007 In response to Mayor Adolph, Assistant City Manager/Development Services Evans explained the Watercolors residents received disclosure of development of a housing project upon purchase of the house; and reported staff has met with the residents of Watercolors on two occasions. Council Member Kirk stated if he had purchased one of the Watercolors properties and received notice of development but didn't understand it, he would be angry too; and stated the Watercolors residents are not opposed to the community building, but have concerns about the residential units. He noted this project was fully entitled before the Watercolors project began. There should be more focus on landscaping as opposed to increasing the wall height; the Watercolors project should be more concerned about visual rather than security of the project. He encouraged Council to support the project, and staff and CVHC to work with the residents of Watercolors. Council Member Henderson stated the project has been before 'the Council for over two years, and all the impacts to adjacent properties have been taken into consideration. She understands the residents' concerns, and encourages them to continue discussing this matter with staff; it is important to move forward with this project, and questioned if decorative wrought iron on top of the wall would be feasible. Council Member Sniff stated the Council has worked on this project and addressed the problems; stated he does not support a 10-foot high wall; and explained the residents will be pleasantly surprised in the quality of the project. Council Member Osborne stated CVHC has a long-standing success in the Valley; suggested increasing the density of the landscaping adjacent to the wall; staff has been diligent to address the concerns. Mayor Adolph stated this project has been addressed for over two years, and is confident the development will build an appealing project. RESOLUTION NO. 2007-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE COMMUNITY BUILDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE DUNE PALMS NEIGHBORHOOD RESIDENTIAL PROJECT (SITE DEVELOPMENT PERMIT 2006-857 - COACHELLA VALLEY HOUSING COALITION). It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2007-059 as submitted. Motion carried unanimously. City Coul1cil Minutes 13 July 3, 2007 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY, AND A RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $50,000,000 BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO FINANCE THE CONSTRUCTION OF 218 AFFORDABLE APARTMENT UNITS WITHIN THE CITY OF LA QUINTA. Redevelopment Consultant Spevacek presented the staff report. In response to Council Member Henderson, Redevelopment Consultant Spevacek stated the total cost per unit of $452,000; explained the costs included in the total amount of approximately $98 million and the philosophy of investing upfront. The Mayor declared the PUBLIC HEARING OPEN at 8:07 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:07 p.m. . RESOLUTION NO. 2007-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2007-060 as submitted. Motion carried unanimously. RESOLUTION NO. 2007-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $50,000,000 BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO FINANCE THE CONSTRUCTION OF 218 AFFORDABLE APARTMENT UNITS WITHIN THE CITY OF LA QUINTA. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2007-061 as submitted. Motion carried unanimously. City Council Minutes 14 July 3, 2007 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL FOR: 1) APPROVING TENTATIVE TRACT MAP 34969, SUBDIVIDING 24:1: ACRES INTO THE MADISON CLUB CLUBHOUSE SITE; 2) APPROVING SITE DEVELOPMENT PERMIT 2007-883 FOR THE ARCHITECTURAL AND LANDSCAPING PLANS FOR THE CLUBHOUSE FACILITY, FOR THE PROPERTY LOCATED ALONG THE SOUTH SIDE OF AVENUE 52 BETWEEN MADISON STREET AND MONROE STREET. APPLICANT: EAST OF MADISON, LLC. Council Member Kirk recused himself due to a potential conflict of interest due to his spouse doing some work with a similar company.. Planning Director Johnson presented the staff report. In response to Council Member Henderson, Planning Director Johnson stated the projects to the north and east have no impact to the clubhouse site. He also reviewed the maximum height guidelines in response to Mayor Adolph. The Mayor declared the PUBLIC HEARING OPEN at 8:20 p.m. John Gamlin, Madison Club, stated he is available to answer questions, and encouraged approval of the project with the conditions of approval. In response to Council Member Henderson, Mr. Gamlin explained the one- way street will be used by residents only and to deter traffic from the project. Mr. Gamlin stated they anticipated a ground breaking in late August 2007; the project will take approximately 1 6 months to complete; and the estimated cost of the project is approximately $30 million, in response to Council Member Osborne. In response to Mayor Adolph, Mr. Gamlin explained the undergrounding of utility lines over Monroe Street, at an approximate cost of $14 million, is not feasible at this time; explained the philosophy of constructing separate . clubhouses for men and women; and stated there is significant dirt removal to begin improvements on Madison Street, which will begin in the next two weeks. In response to Council Member Henderson, Mr. Gamlin explained the situation with electrical lines ensued due to a gas line problem, and the developer is working with SEMPRA to resolve the situation. City Council Minutes 15 July 3, 2007 Blaine Bixler, 81-689 Hidden Lakes Drive, stated he did not receive notice of the project; questioned if the Villas are on the east side; and questioned if there is any plan to build between the Villas and Rancho Santana. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:39 p.m. RESOLUTION NO. 2007-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT 34969, SUBDIVIDING AN AREA WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT INTO A CLUBHOUSE SITE, PARKING LOT, TENNIS COURTS, AND FUTURE VILLAS SITE FOR THE MADISON CLUB CLUBHOUSE (EAST OF MADISON, LLC.I It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2007-062 as submitted. Motion carried 4-0-1, Council Member Kirk abstained. RESOLUTION NO. 2007-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION APPROVAL OF SiTE DEVeLOPMENT PERMIT 2007-883, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR A PROPOSED CLUBHOUSE FACILITY WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT (EAST OF MADISON, LLC.) It was moved by Council Members Osborne/Sniff to adopt Resolution No. 2007-063 as submitted. Motion carried 4-0-1, Council Member Kirk abstained. Council Member Kirk returned to the meeting. REPORTS AND INFORMATIONAL ITEMS CVAG Energy Conservation Subcommittee - Council Member Kirk reported the focus was on a work program to address the energy consumption in the Coachella Valley; set targets on reducing energy consumption. League of California Cities, Revenue & Taxation Meeting - Council Member Henderson reported several policy issues were brought up for discussion regarding City Council Minutes 16 July 3, 2007 the position of the League on Green House Gases; reported a class action lawsuit of California cities has been filed regarding travel agencies collecting TOT; reported on the VLF and administration fees; explained the effect of the Triple Flip to annexation of property; reported Proposition 84 bond funding is available to cities. CV AG Homelessness Committee - Council Member Osborne reported the Committee is looking into creating a homeless court and acquiring property this year, but has no means to purchase the property. CV AG Human and Community Resources Committee - Council Member Osborne reported the workforce housing summit and rides hare incentive program and support of AB 724 was discussed. SilverRock Resort AdHoc Committee - Council Member Osborne reported the Committee reviewed work by HAS Landscape Architect and toured other facilities where they have worked; finances are ahead and Landmark is doing an excellent job; and continuing negotiations of the golf course design. CV AG Executive Committee - Mayor Adolph reported the Committee approved the Fiscal Year 2007/2008 budget; and reviewed the handout of Measure A funds. SunUne Transit Agency - Mayor Adolph reported the Committee approved the budget. They also agreed to implement the following taxi cab issues temporarily: 1) no taxi is to be over seven years old; and 2) every taxi in operation must have 10 fares a day. CoacheUa Valley Mosquito and Vector Control District - Mayor Adolph reported the City Attorney and City Manager are researching information to address the appointment of the City representative. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Manager Genovese reviewed the Red Code System for sending notifications to the residents via the telephone. City Council Minutes 17 July 3, 2007 MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING POLICY ON NON-RESIDENT STATUS FOR BOARDS AND COMMISSIONS. Mayor Adolph suggested revising the requirement to allow the Council to appoint a non-resident to City boards and commissions. Council Member Henderson conveyed support for re.taining a residency requirement for appointment. Council Member Osborne stated the Council has struggled to appoint a professional member to the Historic Preservation Commission. Council Member Henderson stated the language was specific regarding the requirement of a Commission for technical expertise and cannot receive applications to appoint outside the City. Council Member Kirk suggested discussing this matter further; spoke in support of giving Council discretion in appointing a non-resident as needed. Consensus to bring back for discussion. 2. DISCUSSION REGARDING ATTENDANCE REQUIREMENTS OF BOARDS AND COMMISSIONS (SCOPE OF RESPONSIBILITIES). Mayor Adolph conveyed his concern about Commission Members' absences, and suggested revising the policy to limit absences to a total of three. Council Member Henderson conveyed her support to review the application process and the guidelines for absences. Council concurred with having this item brought back at the September 18, 2007 meeting. 3. DISCUSSION REGARDING SECTION 5 - CONSERVATION, FISH & WILDLIFE. Council Member Kirk commented on Section 5 being one of the challenging areas in dealing with the Multi-Species Habit Plan; suggested the possibility of purchasing Section 5 property, and stated the U. S. Wildlife Agency has a City Council Minutes 18 July 3, 2007 portion of the funding. He requested this item be discussed at a future meeting. Consensus to bring this back as a Study Session item. The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.1 (Brown Act). ADJOURNMENT There being no further business, Mayor Adolph adjourned the meeting.