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2007 07 17 CC Minutes LA QUINTA CITY COUNCIL MINUTES JULY 17, 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 City's legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c) (two matters). 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. CLOSED SESSION ANNOUNCEMENT City Attorney Jenson reported the City Council moved by Council Members Sniff/Osborne to file a class action against two online hotel booking companies (Expedia, etc). and authorized pursuing the City's claim as an individual if the class action is denied, including the retention of Kiesel, Boucher and Larson. PUBLIC COMMENT Bernlie Westberg, 79-340 Rose Dawn, conveyed concern regarding construction of an 8-foot wall at the Watercolors development and disappointment about the City allowing three-story buildings in the community. City Council Minutes 2 July 17, 2007 Emily Romeo, 47-738 Endless Sky, stated residents of the Watercolors development did not agree to the 10-foot wall presented in the staff report, and had concerns for an 8-foot wall. There were also not informed about the development of three-story buildings. He conveyed concern regarding parking for residents of the proposed project. Rita Leibowitz, 79-265 Sign of Spring, conveyed concern about youth living close to a senior citizen area, and requested Council reconsider building an 8-foot wall for security. Assistant City Manager/Development Services Evans explained the plans currently in plan check are for a wall height of 6-7 feet, and that a change to 8 feet could be made by a minor change approved by the Planning Director. There was Council consensus to direct staff to make the minor modification to 8 feet. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None . WRITTEN COMMUNICATIONS - None APpnov AL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of July 3, 2007, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Osborne requested Item No. 17 be pulled for separate action due to a potential conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED JULY 17, 2007. 2. RECEIVE AND FILE TREASURER'S REPORT DATED MAY 31,2007. City Council Minutes 3 July 17, 2007 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MAY 31, 2007, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2007. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE GOLF & PARKS MANAGER TO ATTEND THE NATIONAL RECREATION AND PARKS ASSOCIATION'S PACIFIC SOUTHWEST MAINTENANCE MANAGEMENT SCHOOL HELD IN LAKE ARROWHEAD, CALIFORNIA, NOVEMBER 11-16, 2007. 5. APPROVAL OF OPERATIONAL AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND CITY OF LA QUINTA FOR THE COACHELLA VALLEY VIOLENT GANG TASK FORCE. 6. ACCEPTANCE OF OFF-SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30834, STONE CREEK RANCH. 7. . AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE. RECREATION SUPERVISOR TO ATTEND THE REITZ MARKETING AND REVENUE SOURCES MANAGEMENT SCHOOL HELD IN SAN DIEGO, CALIFORNIA, SEPTEMBER 9-13,2007. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANS EXAMINER AND BUILDING INSPECTOR II TO ATTEND THE MODEL CODE ACADEMY TRAINING SPONSORED BY THE CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE IN LOS ANGELES, CALIFORNIA, AUGUST 6-9, 2007. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 34038; CASA LA QUINTA, BORREGO RESORT HOLDINGS, LLC. AN OREGON LIMITED LIABILITY COMPANY. (RESOLUTION NO. 2007-064) 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH THE PLANNING CENTER FOR THE 2008 HOUSING ELEMENT UPDATE. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PERSONNEL/RISK MANAGER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY HELD IN SANTA BARBARA, CALIFORNIA, OCTOBER 24-26, 2007. 12. ADOPTION OF A RESOLUTION SUPPORTING THE DEVELOPMENT OF AN EXPANDED YMCA FACILITY IN RANCHO MIRAGE. (RESOLUTION NO. 2007-065) City Council Minutes 4 July 17, 2007 13. APPROVAL OF SECOND READING OF ORDINANCE NO. 441, 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. 14. APPROVAL OF SECOND READING OF ORDINANCE NO. 442, AMENDING CHAPTER 2.04 (CITY COUNCIL) SECTION 2.04.050 (COMPENSATION AND REIMBURSEMENT) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. 15. APPROVAL OF NEW JOB DESCRIPTIONS: MUSEUM SERVICES MANAGER, TRAFFIC SIGNAL TECHNICIAN, FACILITIES MAINTENANCE COORDINATOR, AND FACILITIES MAINTENANCE WORKER. 16. ADOPTION OF A RESOLUTION APPROVING THE APPLICATION FOR A FISCAL YEAR 2007/2008 COACH ELLA VALLEY ASSOCIATION OF . . GOVERNMENTS (CV AG) GRANT FOR PURCHASE AND REPLACEMENT OF - 13 TRAFFIC SIGNAL CONTllOLLERS. (RESOLUTION NO. 2007-066) 17 . APPROVAL OF AN EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH NAI CONSULTING, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2007/2008. (See separate action below.) MOTION - It was moved by Council Members Kirk/Henderson to approve the Consent Calendar as recommended with the exception of Item No. 17 and with Item Nos. 9, 12, and 16 being approved by RESOLUTION NOS. 2007-064 through 2007-066 respectively. Motion carried unanimously. ITEM NO. 17 MOTION - It was moved by Council Members Sniff/Kirk to approve Item No. 1 7, approving a one-year extension to the Professional Services Agreement with NAI Consulting, Inc. in an amount not to exceed $308,580 to provide project management and contract administrative support services. .Motion carried by a vote of 4-0-1, Council Member Osborne abstaining due to a conflict of interest (consultant is a client). BUSINESS SESSION 1 . CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2007/2008 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. Finance Director Falconer presented the staff report. City Council Minutes 5 July 17, 2007 Council Member Henderson commended staff, and stated the budget process is becoming more complex as the City's resources increase. In response to Council Member Kirk, Finance Director Falconer explained the key element for the surplus and deficits for the next five years is due to the Police budget and staffing requests; stated the City has been conducting five-year forecasts since 2000; and confirmed the City has been able to fund deficits by the end of the budget year. Following discussion and review of the compensation for City Boards and Commissions, the City Council concurred not to change the current compensation amounts. RESOLUTION NO. 2007-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT. FOR FISCAL YEAR 2007/2008 AND APPROVING A BUDGET FOR FISCAL YEAR 2007/2008. MOTION - It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2007-067 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to receive and file the Resource Allocation Plan. Motion carried unanimously. 2. CONSIDERATION OF AN ORDINANCE ADDING SUBSECTION 12.69 TO CHAPTER 12 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO . REGULATIONS FOR GOLF CARTS ON CERTAIN STREETS AND ASSOCIATED MATERIALS TO IMPLEMENT PHASE I OF THE GOLF CART PROGRAM. Assistant City Manager/Development Services Evans presented the staff report and stated staff is requesting the City Council take up the first reading only, with the second reading coming back in approximately four months to enable staff to establish street signs and striping. In response to Council Member Kirk, Assistant City Manager/Development Services Evans explained the limitation of two people per golf cart may not be critical. City Council Minutes 6 July 17, 2007 Assistant City Manager/Development Services Evans explained golf carts would be require~ to go through an inspection by City staff at a charge of $10 to $1 5 for issuance of an annual permit to licensed drivers showing proof of insurance, in response to Council Member Sniff. In response to Council Member Sniff, Police Chief Walker explained golf cart programs in Rancho Mirage and Palm Desert have been successful; and explained the key element is to educate the public. Council Member Kirk conveyed concern regarding the permit process, and expressed desire to simplify it. Assistant City Manager/Development Services Evans explained the minimum criteria is established by the Vehicle Code. In response to Council Member Osborne, Police Chief Walker stated golf carts will be permitted on sidewalks only if there is no other designated area. Assistant City Manager/Development Service Evans explained the criteria for establishing a golf cart lane on Eisenhower Drive. Mayor Adolph stated it is safer for golf carts to cross the street at a crosswalk; discussed requirements for adequate insurance; and conveyed concern about proposed parking of golf carts near the day laborers' location. Council Member Kirk conveyed concern about the regulation of golf-cart use on the street stated in the ordinance. Council Member Henderson conveyed opposition of any action by the City Council to deviate from any regulatory process of golf cart use. In response to Mayor Adolph, City Attorney Jenson explained the City would have immunity of liability by the issuance of a permit for use, and issues may arise if mandatory duties are not fulfilled. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 443 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SUBSECTION 12.69 TO CHAPTER 12 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO REGULATIONS FOR GOLF CARTS ON CERTAIN STREETS. City Council Minutes 7 July 17, 2007 It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 443, as amended (allowing up to four people per golf cart) on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: 3. CONSIDERATION OF A RESOLUTION AMENDING THE FEES TO PURCHASE AN ANNUAL FITNESS USE CARD. Community Services Director Hylton presented the staff report. In response to Council Member Henderson, Community Services Director Hylton confirmed the fitness cards are issued annually, and stated there has been no consideration to issue two or three-year cards at this time. RESOLUTION NO. 2007-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE FEES TO PURCHASE AN ANNUAL FITNESS USE CARD ALLOWING USE OF THE FITNESS CENTER AT THE LA QUINTA BOYS & GIRLS CLUB AS ADOPTED IN RESOLUTION 2006-065. It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2007-068 as submitted. Motion carried unanimously. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CV AG Transportation and Public Safety Committees - Council Member Henderson reported she attended these meetings for Council Member Kirk, and the Public Safety Committee discussed graffiti in the Valley. In reference to programs wherein youths caught doing graffiti are released to remove graffiti, Police Chief Walker noted full prosecution and restitution, which makes youths and parents fully accountable, is then not allowed. Council Member Henderson agreed the release program may be beneficial for first-time offenders. She stated the Committee also discussed designated cool sites, and asked staff to look into the possibility of the City Council Minutes 8 July 17, 2007 Senior Center, which is one of the designated sites, being open more hours. She added the Transportation Committee discussed the green-house gases issue, which was also discussed at her last League meeting. CV AG Executive Committee - Mayor Adolph reported Desert Hot Springs is discussing the possibility of joining the Coachella Valley Multi-Species Habitat Conservation Plan. Mayor Adolph stated the minutes of the Chamber of Commerce Mayor's Luncheon held on July 5 mistakenly stated the City was not addressing the expansion of the Library. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING A CITY REPRESENTATIVE AND ALTERNATE ON THE C. V. MOSQUITO VECTOR CONTROL (CVMVC) BOARD. Mayor Adolph stated the City must address this issue immediately. Council Member Osborne stated there is a need to create the deadline today to address this issue on the agenda. Council Member Sniff stated all board members are not elected officials. Council Member Henderson stated this issue has received bad press, and the Board is not educated on this matter. She volunteered to serve on the Board for the balance of the year, and requested the opportunity to avail herself to Finance Director Falconer to review the matter. City Manager Genovese confirmed staff can agendize this matter for the August 7, 2007 meeting for the possibility of making an appointment. He noted Council Member Henderson can attend the meetings, but would not be able to vote until officially appointed. City Council Minutes 9 July 17, 2007 2. DISCUSSING REGARDING REGULATION OF STREET SIGNS IN THE COVE. Council Member Henderson informed the City Council and staff per Federal Mandate 2012, streets signs will be required to be 9" in height with 6" lettering. The City Council recessed to the Redevelopment Agency meeting. Mayor Adolph reconvened the City Council meeting to discuss a matter under Department Reports. DEPARTMENT REPORTS 7. PLANNING DEPARTMENT - LAING LUXURY HOMES - REQUEST TO RECONSIDER CONDITION OF APPROVAL Council Member Henderson stated there is no concern regarding an undulating fence. In response to Council Member Osborne, Planning Director Johnson explained the wall is designed for a 20 to 26-foot setback on a 6-foot berm, with a wall height of 6 feet. Council Member Kirk confirmed he made the previous motion for the condition in question; and directed staff to interpret his motion for the condition of approval to allow the undulating wall to be a total wall height of 10-12 feet, including the berm. The City Council concurred. The City Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None City Council Minutes 10 July 17, 2007 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S ACTION REGARDING SITE DEVELOPMENT PERMIT 2007-891, INVOLVING DEVELOPMENT PLANS FOR A 105,300 SQUARE FOOT COMMERCIAL RETAIL BUILDING, LANDSCAPING, AND PARKING LOT WITHIN THE CENTRE AT LA QUINTA, AS APPEALED BY THE APPLICANT, STAMKO DEVELOPMENT CO., FOR THE PROPERTY LOCATED SOUTH OF AUTO CENTRE DRIVE, EAST OF ADAMS STREET AND WEST OF LA QUINTA DRIVE. Planning Director Johnson presented the staff report. In response to Council Member Osborne, Planning Director Johnson explained the wall along the west side of Adams Street is proposed to be a 4-foot high retaining wall; any application for setback changes would be presented to the Planning Commission and City Council. He stated the red portion of the signs on the front and west side of the building is an integral part of the logo, and the entire area is calculated as signage. In response to Council Member Sniff, Planning Director Johnson explained the pad elevation for the store is four to six feet higher than the residential property at Lake La Quinta; confirmed the wall at Lake La Quinta is 6 feet high; the store has the option of voluntarily dimming the lights at night; confirmed there is no requirement for stores along Highway 111 to turn off parking lot lights upon closing; stated the distance between the wall at Lake La Quinta and the proposed retention wall is approximately 1 60 feet; explained the condition includes improving existing landscaping and cleaning up potential dead plants; explained the size of the frontage and west side signs are 1,200 and 900 square feet, respectively; confirmed the proposed signs do not violate City sign codes; and explained the loading dock Is located on the west side of the building. He indicated delivery trucks would access the store from La Quinta Drive, and exit in front of the store back to La Quinta Drive. In response to Council Member Henderson, Planning Director Johnson explained the signs would exceed the maximum allowance without a permitted sign program; confirmed other signs, such as Lowe's, have been permitted that embody the entire sign; explained the deviation from common practice is due to JC Penney's desire to match the logo; stated the frontage sign is approximately 1,200 feet from Highway 111; explained the dealerships and roundabout in the area are obstacles to viewing the sign from Highway 111; stated the Planning Commission removed the sign from City Council Minutes 11 July 17, 2007 the east side of the building due to the limited view of potential patrons from that location; explained the height of the frontage element of the sign is 33 feet; stated the grade between the proposed retaining wall and the wall at Lake La Quinta is four to six feet; explained three style of lights have been proposed for use on the building, and the parking lot lights will be "shoe-box" style with angled shields. Assistant City Manager/Development Services Evans explained the file and work study of the contracted lighting specialist was simply academic and not functional or enforceable for the City; and confirmed the consultant is able to review the lighting plans for this development, in response to Council Member Henderson. In response to Council Member Kirk, City Attorney Jenson explained the City Council can review the entire project. Planning Director Johnson confirmed the development is a contemporary design, but lacking in detail; stated the Planning Commission conditioned the project to add more contrasting colors; and stated the largest sign currently on Highway 111 is 600 square feet. Planning Director Johnson confirmed the parking lot lights must be reviewed after installation for brightness; explained the proposed lighting is a softer light similar to those at Wal-Mart; and stated a consultant was contracted to review the proposed lighting, in response to Mayor Adolph. Mayor Adolph conveyed his concern about the size of the sign on the west side of the building and traffic at the left-turn lane on Adams Street. In response to Council Member Osborne, Planning Director Johnson explained the CVWD well site is proposed to have either a wall or temporary landscaping surrounding it. The Mayor declared the PUBLIC HEARING OPEN at 8:02 p.m. Applicant Chris Clarke, STAMKO Development, 2205 N. Poinsettia, Manhattan Beach, gave a presentation of the proposed project. Council Member Kirk stated his preference of landscaping instead of a retaining wall on Adams Street. In response to Council Member Henderson, Ms. Clarke, representing JC Penney, confirmed the store's policy is to have one delivery per day to each store with the possibility of more during the holiday season. City Council Minutes 12 July 17, 2007 Ms. Clarke and Mark Levine, 950 S. Coast Dr., Costa Mesa,reviewed the elevation and color rendition of the building. Ms. Clarke confirmed all equipment on the roof will be hidden behind the height of the frontage element, in response to Mayor Adolph. In response to Council Member Sniff, Ms. Clarke explained this store was not uniquely designed for the City of La Quinta, but based on the comment from staff and the City Council, this development will be specific for the City. Ms. Clarke addressed the brand identity of JC Penney. In response to Council Member Kirk, Ms. Clarke explained the red field is part of the building and not part of the logo. Jay Arnoldus, 47-935 Via Verdes, stated the architecture is inconsistent with the architecture of La Quinta; suggested traffic enter at the entrance near Avenue 47; stated parking lights will be shining on the gates to Lake La Quinta; and the sign on Adams Street does not need to be 900 square feet. Jim Calvin, 47-515 Via Florence, stated the medical building is visible on the south of the residential community, and conveyed concern of the view to the west. Michael Mastrogiuseppe, 78-995 Via Trieste, agreed there should be a berm and wall installed on Adams Street and with reviewing the parking lot lighting after installation; pref.ers no sign on the west side; stated pedestrians will walk through the landscaping to access the development and conveyed concern about maintenance. Patrick Clelland, 47-600 Via Florence, supports the Planning Commission decision and conditions of approval; conveyed concern of the architecture of the development and the size of the signs along the frontage and west side; agrees a berm and wall is necessary on Adams Street; prefers the parking lot lights be dimmed in the evening; and voiced concern about noise and access to the loading dock. Richard Meyer, 49-090 Via Ornieto, stated he agrees with the comments presented. Jane Angwin, 47-660 Via Montessa, conveyed objection to the lack of concern to residents for the architecture; stated Adams Street should remain City Council Minutes 13 July 17, 2007 a residential corridor and not commercial; conveyed concern about reduction of standards in the community; requested the berm and wall be installed; and requested removal of the sign on the west side. Betty Frith, 47-760 Via Montana, representing the homeowners unable to attend; strongly supports the recommendations of the Planning Commission; requested the west side sign be removed and the City Council reconsider the frontage sign. David Trimble, 47-850 Jardin, stated he agrees with comments made by other speakers; conveyed opposition to another big box development. Glen Conley, 47-415 Via Cordova, addressed the size of the sign on the west side; and conveyed opposition to developing another big box store in the City. Kay Wolff, 77-227 Calle Ensenada, conveyed opposition to the development of another big box store. Benjamin Rosker, 47-675 Via Montessa, agreed with other speakers; conveyed concern of west side sign; and addressed concerns about the location of the loading dock. Hugo Devy, 47-055 Via Ornieto, conveyed concern about traffic noise on Adams Street. Valerie Norquest, 47-925 Via Lavern, conveyed concern about traffic noise; and stated development would not enhance the city. Barbara Litner, 47-189 Via Trieste, questioned if the west side sign will be illuminated and conveyed opposition to the sign; and stated the development looks like a warehouse store. The City Council recessed the meeting at 9:32 p.m. and reconvened at 9:44 p.m. Ms. Clarke, STAMKO, spoke in rebuttal on the following issues: studies conducted; consistency to the Specific Plan; traffic to development is under what the Specific Plan allows; addressed parking lot lights to be installed; and activity at the loading dock. In response to Mayor Adolph, Ms. Clarke confirmed sodium lighting will be installed in the parking lot. Planning Director Johnson explained lighting on City Council Minutes 14 July 17, 2007 the building will focus on the broadcast of the light, which will be a sconce down-type light, with a variety of options that may be considered. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:57 p.m. Council Member Kirk stated the concerns of the residents have been heard regardless of the timing of the public hearing; acknowledged the developer to have this building LEED-certified and has conducted long-term planning; stated a "big-box" use was previously approved; stated the logo includes the red background; conveyed opposition to the size of the frontage sign; supports eliminating the red background on both signs; would support proposed wall on Adams Street but prefers landscaping to reduce the lights; supports location of the loading dock but would like landscaping as buffer; supports proposed temporary landscaping and fencing on pads; and conveyed concerns about the architecture. Council Member Henderson stated the loading dock is manageable; not sure a berm and wall is the solution to reduce lighting from the parking lot; location of development is advantageous to the community; agrees with the temporary landscaping on the undeveloped pads; encouraged the developer to make the most use of the LEEDS program; pedestrian access may not be feasible; stated the proposed signage will not be seen as build-out occurs and conveyed concern about the sign on the west side; suggested testing the parking lot lights and revisiting the issue at that time. Council Member Osborne stated JC Penney is a good addition to the city; conveyed opposition to the sign on the west side; suggested reduction of the frontage sign; supports a shorter wall with landscaping to reduce lighting from the parking lot on the west side; supports revisiting the parking lot lights issue after installation; suggested installing a 6-foot wall around .the well site; and conveyed interest in the building becoming LEED certified. Council Member Sniff thanked the residents from Lake La Quinta who attended; stated he welcomes JC Penney to the community; supports the installation of parking lot lights and reviewing at a later time; supports the frontage sign; suggested landscaping be installed on the west side to screen as much as possible; suggested replacing the proposed west side sign with a smaller identity sign; supports installation of a low wall on the west side with landscaping; suggested the loading dock be screened with landscaping; pedestrian access is not practical; and supports temporary landscaping of business pads. City Council Minutes 15 July 17, 2007 Mayor Adolph stated he received many letters from residents conveying their concerns; have tried to bring in more upscale retailers to no avail; stated the Council has been sensitive to the residents' concerns; landscaping will help mitigate some of the issues on Adams Street; supports the replacement of the west side sign with an identity sign; stated pedestrian access is not feasible. In response to Council Member Henderson, Planning Director Johnson stated there is concern the area will be utilized as a well site; staff has addressed this issue with CVWD who requires a minimum 8-foot wall, but they have considered shorter walls in the past. Planning Director Johnson stated it may be an issue to change the light bulb in the proposed lighting on the building. Council Member Kirk suggested the following be included as additional conditions: accept the Planning Commission's recommendations except for the pedestrian access requirement; improve the well site in coordination with any CVWD requirements regarding wall location and design; shield the lights from the parking lot on the west side by using a combination of landscaping, berming, and a wall; remove the red background from the sign on the west side and require the sign lighting to be turned off when the store closes; review parking lot lighting after installation; add landscaping, including trees, to shield view of the building from Adams Street; accept developer's request to change the Planning Commission's recommendation on landscaping for the vacant adjacent lots; and accept the sign on the north side but without the red background. . Council Member Sniff supports letting the store have the sign as requested on the north side because it is their logo. Council Member Henderson and Mayor Adolph agreed. Council Member Kirk supports an additional condition for the project to work with staff on a way to soften and screen the view from Adams Street and Lake La Quinta by installing landscaping or vertical elements that will not affect the LEED certification. Council concurred. City Council Minutes 16 July 17, 2007 RESOLUTION NO. 2007-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION APPROVING DEVELOPMENT PLANS FOR A 105,300:1: SQUARE FOOT COMMERCIAL RETAIL BUILDING (JC PENNEYS), LANDSCAPING, AND PARKING LOT WITHIN THE CENTRE AT LA QUINTA LOCATED SOUTH OF AUTO CENTRE DRIVE, EAST OF ADAMS STREET AND WEST OF LA QUINTA DRIVE (SITE DEVELOPMENT PERMIT 2007-891 - STAMKO DEVELOPMENT COMPANY). It was moved by Council Members Kirk/Sniff to adopt Resolution No. 2007-069 as amended (with additional conditions as stated above). Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING SITE DEVELOPMENT PERMIT 2007-866 INVOLVING LANDSCAPING AND ARCHITECTURAL PLANS FOR A 13.79:1: ACRE BOUTIQUE HOTEL SITE (200 UNITS AND 259 KEYS) CONSISTING OF A 25,000:1: SQUARE FOOT PARKING STRUCTURE AND 29 CONDOMINIUM HOTEL UNIT BUILDINGS CONTAINING A MEETING FACILITY, RESTAURANT, AND RESORT SPA ON PROPERTY LOCATED SOUTH OF AVENUE 52 AND EAST OF SILVERROCK WAY. APPLICANT: LDD SILVERROCK, INC. Planning Director Johnson presented the staff report. In response to Council Member Osborne, Planning Director Johnson stated food service will be provided by a restaurant located at the main house. Planning Director Johnson explained no slip is proposed at the lake and the inlet design is provided to give additional view of the lake, in response to Mayor Adolph. In response to Council Member Kirk, Planning Director Johnson explained the intent of Condition No. 32 is to link the main house to Ahmanson Road and to access the trail system. Assistant City Manager/Development Services Evans explained the list of conditions of approval pertaining to the Fire Department was established to ensure all structures, particularly the main house, meet accessibility requirements. The Mayor declared the PUBLIC HEARING OPEN at 11: 18 p.m. City Council Minutes 17 July 17, 2007 Ted Lennon, President of Lowe Enterprises, presented the amenities of the hotel. In response to Council Member Kirk, Mr. Lennon explained the carports begin half way on the main street leading to the hotel. Don Savala, Voz Architects, stated they reviewed the food service area; addressed the design of flat roofs; and reviewed the parking structure design. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 11 :35 p.m. Council Member Henderson stated the project is astounding. Mayor Adolph stated this is a beautiful project and could not ask for anything more, first class job. RESOLUTION NO. 2007-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ARCHITECTURAL AND LANDSCAPING PLANS FOR A 13.79:1: BOUTIQUE HOTEL SITE (200 UNITS AND 259 KEYS) CONSISTING OF A 25,000:1: SQUARE FOOT PARKING STRUCTURE AND 29 CONDOMINIUM HOTEL UNIT BUILDINGS CONTAINING MEETING FACILITY, RESTAURANT, AND RESORT SPA (SITE DEVELOPMENT PERMIT 2007-886 - LDD SILVERROCK, LLC.) It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2007-070 as submitted. Motion carried unanimously. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously.