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2007 10 16 CC Minutes LA QUINTA CITY COUNCIL MINUTES OCTOBER 16, 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 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 Roberta Clark, 60-395 Living Stone Drive, addressed the SilverRock Resort property and questioned why it is taking so long to develop. She added there is a tremendous amount of sand blowing from the property during high winds. Mayor Adolph gave a brief update on the development of Phase II of the project. Louise Neely, 42-625 Iowa Street, Palm Desert, thanked the City Council for the progress with the Library, the growth of the City, and the new museum; stated use of the park across the street and traffic will increase due to the new museum; and complimented staff for the 25th Anniversary event. City Council Minutes 2 October 16, 2007 Reg Centeno, 77-878 Little Eagle Court, thanked the City Council and staff for providing funding in the amount of $20,000; requested assistance from the City for the La Quinta Playhouse by extending the deadline of October 2, 2007 for the matching funds. Mayor Adolph questioned if the City Council may direct staff to extend the due date. The Council concurred to extend the due date of October 2, 2007 at the City Manager's discretion. CONFIRMATION OF AGENDA City Manager Genovese announced the introduction of the new Business District Deputy. Mayor requested Consent Item No.8 be moved to Business Item No.3. Council Member Kirk requested this item be taken up after the study session. The City Council concurred. ANNOUNCEMENTS - None PRESENTATIONS Lieutenant Gregory introduced Officer Purzell Burgie as the Business District Deputy. Deputy Burgie stated he is pleased to serve as the Business District Deputy, which is well received by the business community; and announced Council Member Henderson questioned if officers will be utilizing bicycles on Highway 111 or in other areas of the City. Lieutenant Gregory explained the department is currently reviewing the resources and training; explained the bicycles will be utilized in the parks, and during the holiday season; and stated they anticipate implementing the use of segways soon. Mayor Adolph announced he gave the opening remarks at the National Intercollegiate Golf Tournament and received a commemorative plaque on behalf of the City. WRITTEN COMMUNICATIONS - None City Council Minutes 3 October 16, 2007 APPROVAL OF MINUTES Council Member Kirk stated his comment on Page 7 should correctly state that "if there are any risks, it would be in Section 5." Council Member Henderson stated her comment under the CV A report should also be corrected to read that the agency is "not" in financial turmoil. MOTION - It was moved by Council Members Sniff/Kirk to approve the City Council Minutes of October 2, 2007, as corrected. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 16,2007. 2. RECEIVE AND FILE TREASURER'S REPORT DATED AUGUST 31, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURE'S REPORT DATED AUGUST 31, 2007, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2007. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PRINCIPAL ENGINEER TO ATTEND THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM ADMINISTRATORS' SUMMIT TO BE HELD IN SAN DIEGO, CALIFORNIA, OCTOBER 25-26, 2007. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE GOLF & PARKS MANAGER TO ATTEND THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA'S INTERNATIONAL GOLF INDUSTRY TRADESHOW AND CONFERENCE HELD IN ORLANDO, FLORIDA, JANUARY 28 THROUGH FEBRUARY 1, 2008. 6. ADOPTION OF RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. (RESOLUTION NO. 2007-093) 7. APPROVAL OF ART PURCHASE AGREEMENT WITH TRANS WEST HOUSING AND ARTIST DAVID L. SPELLERBERG FOR THE DESIGN AND CONSTRUCTION OF TWO ART PIECES AT GRIFFIN RANCH. 8. SEE BUSINESS SESSION ITEM NO.3. City Council Minutes 4 October 16, 2007 9. DENIAL OF CLAIM FOR DAMAGES FILED BY BETH FEIST - DATE OF LOSS: JULY 20, 2007. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY WARD YOUNG - DATE OF LOSS: JUNE 28, 2007. 11. APPROVAL TO PURCHASE A SHADE STRUCTURE FROM DAVE BANG & ASSOCIATES FOR THE LA QUINTA PARK. 12. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $100,000 FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF). 13. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a), AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE TEMPORARY PARKING LOT AT SILVERROCK RESORT, PROJECT NO. 2007-14. (See separate action below.) Council Member Osborne requested Consent Item No. 13 be considered separately due to a potential conflict of interest. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 8 and 13 and with Item No. 6 being approved by RESOLUTION NOS. 2007-093. Motion carried unanimously. ITEM NO. 13 MOTION - It was moved by Council Members Kirk/Sniff to approve Consent Item No. 13, adopting RESOLUTION NO. 2007-094 as submitted, making certain findings pursuant to Health and Safety Code Section 33445(a), and authorizing the expenditure of funds for the temporary parking lot at SilverRock Resort, Project No. 2007-14. Motion carried by a vote of 4-0-1, Council Member Osborne abstaining due to a potential conflict of interest. BUSINESS SESSION 1. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING TO EXTEND THE COACH ELLA VALLEY FRINGE-TOED LIZARD PERMIT TO ALLOW COMPLETION OF THE COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN. Assistant City Manager/Development Services Evans presented the staff report. City Council Minutes 5 October 16, 2007 MOTION - It was moved by Council Members Kirk/Henderson to approve the Memorandum of Understanding (MOU) to extend the Coachella Valley Fringe- Toed Lizard Permit to allow completion of the Coachella Valley Multi-Species Habitat Conservation Plan (MSHCP), and authorize the Mayor to execute the MOU. Motion carried unanimously. 2. CONSIDERATION OF THE COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN, FINAL ENVIRONMENTAL IMPACT REPORT, AND IMPLEMENTING AGREEMENT. Assistant City Manager/Development Services presented the staff report. Council Member Kirk conveyed his appreciation for the detailed analysis, and questioned the logic of the varying amounts for the per acre fee. Assistant City Manager/Development Services explained the fee formula and stated the County area is most affected; assured a specific fee is not being adopted at this time as it will be brought back to Council at a later date; and stated staff is also concerned of the escalating costs. Katie Barrows, 73-710 Fred Waring Drive, Suite 200, Palm Desert, CVAG, significant part of the nexus study relating to the fee incorporate both direct and indirect and cumulative impacts, 8 units per acre are potentially detached, 14 units will tend to be smaller and fewer infrastructure impacts. Council Member Kirk stated this subject will come up later under another subject tonight. Stated La Quinta is unique where the bigger the house, the less people in the house; and requested additional information on the nexus study. Ms. Barrows stated she will provide additional background information; and stated the critical point is the additional impacts direct or indirect cumulatively. Mayor Adolph questioned if all entities approve and when it will become law. Ms. Barrows explained they have an October 31, 2007 deadline to keep the fringed-toad lizard in place until March 15, 2008; and CV AG is working very hard to accomplish all processes by the end of the year, if not early 2008. Mayor Adolph questioned the affects if Desert Hot Springs reverses their position. Ms. Barrows explained the process to amend the Plan and the opportunity for Desert Hot Springs to change their position. In response to Council Member Henderson, Assistant City Manager/ Development Services Evan explained the approval of this item does not City Council Minutes 6 October 16, 2007 include the approval of the fee schedule; and a formal fee schedule will be presented to the City Council for consideration in about a month RESOLUTION NO. 2007-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTI- SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN, APPROVING THE COACHELLA VALLEY MULTI- SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND IMPLEMENTING AGREEMENT, AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA QUALITY ACT AND RESCINDING RESOLUTION NO. 2006-052. It was moved by Council Members Kirk/Osborne to adopt Resolution No. 2007-095 as submitted. Motion carried unanimously. RESOLUTION NO. 2007-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN AND RESCINDING RESOLUTION NO. 2006-053. It was moved by Council Members Kirk/Osborne to adopt Resolution No. 2007-096 as submitted. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF SPHERE OF INFLUENCE EAST OF CITY LIMITS. Planning Director Johnson presented the staff report. Assistant City Manager/Development Services Evans presented the fiscal analysis update. In response to Mayor Adolph, Assistant City Manager/Development Services Evans clarified staff will illustrate options to mitigate the negative impact. Assistant City Manager/Development Services Evans clarified there is full concurrence between those involved and progress has been made in the project, in response to Council Member Henderson. City Council Minutes 7 October 16, 2007 In response to Council Member Henderson, Ms. Alexis Smittle, RSG, confirmed the funds are distributed on a per capita basis and explained three of the four inputs are per capita, where the final input is compiled on a per capita and including a threshold. Assistant City Manager/Development Services Evans confirmed the modeling or formula calculated out 40 years; stated the model could be adjusted for future applicants, in response to Council Member Henderson. Council Member Henderson requested figures be calculated at year 29, 28 and 27 in the model. Council Member Kirk stated the main issue to consider is the persons per household relating to the impact fee; have settled on the figure of 2.8 persons per household to include the seasonal population is a as scientific as we can get; service costs, such as safety services, are driven by housing units and the number of people in occupied units; questioned what is the logic of including each seasonal person as a whole person, compared to the residents who are here 365 days of the year, and appropriately change the seasonal population. Assistant City Manager/Development Services Evans explained most cities in the Valley have had some fiscal challenges in determining the services costs for the seasonal population; and is able to provide several different methodologies to obtain a different formula. Assistant City Manager/Development Services Evans confirmed that contract cities have the highest amount of seasonal population and are in better shape fiscally, in response to Council Member Kirk. Council Member Sniff stated that it seems the Council is nitpicking the issue of the number of persons per household to death; the number that needs to be address is the occupied units, regardless of the amount of residents; haven't gotten very far in the process and would like to see this item move forward with business like approach and dispatch; if goes on as proposed in the staff report, will not be completed for 2 years; have been prolonging this item endlessly; suggested to keep the process simple, and people who wish deserve to be a part of this city. Council Member Osborne stated the Sphere of Influence Ad Hoc Committee has worked with staff to come to this point; have come to a formula agreed upon; need to keep the process simple and come to a conclusion soon. City Council Minutes 8 October 16, 2007 In response to Mayor Adolph, Assistant City.Manager/Development Services Evans explained the model is strictly for single-residential, and no commercial development has been considered at this point. Mayor Adolph stated the bottom line is the City is not going to put the burden to pay for this area on the citizens of La Quinta and has to support itself fiscally; long term must look at all aspects of it and the overall picture on how this area will support itself. Assistant City Manager/Development Services Evans confirmed that is the objective of this discussion and it has been addressed by staff's recommendation. Tom Noya, 1900 Main Street, Enclave, clarified the fee has been agreed upon; stated he is willing to pay his fair share; explained the costs and impacts, and stated the 2.04 number of occupants per household changes the impact fee dramatically. Daniel Johnson, 801 Tahquitz Canyon Way, #100, Palm Springs, representing La Quinta Motor Coach Resort Inc., addressed the 2.51 persons per unit factor and stated the 2.04 factor is more accurate. Council Member Henderson expressed her disappointment of receiving his letter this afternoon, instead of yesterday. Stanley Hoffman, 11661 San Jacinto Blvd., Los Angles, stated he is working better with staff; apologized for the timing of the distribution of the memo; stated must be consistent when calculating persons per unit factor; not opposed to this methodology; negative fiscal impact done today for 30 years, the factor would be less and requested it be recalculated every year; provided data on overall inflation rate; and stated everyone has agreed on the 5.2% discount rate. In response to Mr. Hoffman, Ms. Smittle confirmed the DOF number for the City is being utilized as the basis of the formula. Mr. Hoffman confirmed the use of the very first figure is the basis of the calculation each year, in response to Council Member Henderson Council Member Kirk questioned Ms. Smittle if she concurs with the approach explained by Mr. Hoffman. In response, Ms. Smittle stated she understands Mr. Hoffman's approach, but is unable to calculate the figure at this time using the current model. In response to Council Member Henderson, Assistant City Manager/Development Services Evans explained the model has been run with City Council Minutes 9 October 16, 2007 the 2.85, 2.51 and the 2.04 and understands the question from Mr. Hoffman is to change the total population. Council Member Kirk restated the issue - regardless of how you change the numbers in the future, have made an assumption of the service cost is $100 per person, when maybe it may be $90 per person today based on seasonal population and must be consistent with the dollars per person of service costs today, projecting forward regardless of the persons per household; when utilizing the 2.51 figure, didn't reduce the per person cost of City services based on having seasonal persons today. In response to Council Member Henderson, Assistant City Manager/Development Services Evans stated there have been a number of discussions on every factor to input into the model including with RSG; staff is able to rerun the numbers and come back in a couple of weeks - if adjust seasonal numbers then must adjust revenue, and have come to the point of tweaking the model. Council Member Henderson requested staff to reveal the figures of the 29, 28, 27 year analysis. Council Member Osborne stated we can go through those numbers and they will fall; the issue of 2.85, 2.51, 2.04, and all know we have citizens that come in during the season and the population changes dramatically; end up with some fuzzy number but it must include the seasonal population and staff has done a good job to estimate that impact; and stated he does not think the basis should be either 2.04 or 2.85 per household. Mayor Adolph stated most of the seasonal people don't have families, just husband and wife, and some single. Council Member Osborne stated staff has done that from 2.85 down to 2.04 Council Member Henderson stated staff has demonstrated a minor tweak here which there is going to have an impact, and the analysis of year 29, 28, and 27 reveals how much the $33,000 is impacted. Kay Wolff, 77-227 Calle Ensenada, speaking on behalf of Joe Broido, questioned why annex into the City; what good is the annexation going to do for the residents of La Quinta; this annexation if fraught with risk; the question is do we want to be a city of 91,000 and double the geographic size of the city; most people who moved here enjoy the small size of the city and closeness to the government with the people; and requested the Council to consider the citizens they are representing. City Council Minutes 10 October 16, 2007 Richard Hughes, 58-325 Carmella, agreed with the comments made by Mrs. Wolff; envisioned the City of La Quinta will have the highest median home values in the Valley; requested the Council to consider the impacts to the City. Joe Hammer, 45-510 Cielito Dr., Indian Wells, stated he owns 40 acres, between Avenue 58 and Avenue 59, across from Andalusia and adjacent to the motor coach property; questioned how the annexation will affect the 40 acres owned by himself. Council Member Henderson explained to Mr. Hoffman that he would be requested to sign a pre-annexation agreement if he wishes to be a part of the City of La Quinta. Mr. Hoffman further stated he has been in favor of being a part of La Quinta, but if he will be required to pay the estimated amount of $24,000 to $39,000 per unit, then he does not want to be annexed; stated he understands LAFCO doesn't want islands; and he will not be forced to pay the proposed amounts per unit. Mayor Adolph stated to Mr. Hoffman that from day one it hasn't been the City who sought out annexation. Council Member Henderson stated she understands the comments made by Mr. Hoffman, but he has not been listening with what the City is saying, must calculate the cost to provide services to the proposed annexed area; and the City is not imposing the fees because it wants to. In response to Mr. Hoffman, Council Member Henderson stated he may remove his name from the application for annexation if and when he no longer wishes to be a part of the City. Council Member Sniff stated Mr. Hammer has spoken before us many times and affectionately; and has stated he wants to be a part of the City; when the City can come up with an affordable fee amount then would like to see him as part of the City of La Quinta. Mr. Hoffman explained the 40 acres includes 20 acres commercial and 20 acres medium residential and it is unfair to impose the fee. In response to Mr. Hoffman, Council Member Henderson stated staff has not addressed the commercial portion. Mr. Hoffman agreed and conveyed his fear that he will be stuck with these numbers. City Council Minutes 11 October 16, 2007 Ellen Lloyd Trover, 82-150 Avenue 54, Vista Santa Rosa, appreciates a member of staff sent the information and requested the option of submitting written comments be considered; agreed with conservative approach; requested the Council consider the change of demographics further east into the area, including large families, adult children, elderly parents, along with small children; seasonal residents may become full-time residents; cannot time disasters and include seasonal visitors; and requested the City consider the higher number for the persons per household. Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa, stated the residents of Vista Santa Rosa would prefer larger lots with less population; PGA West was established by the annexation by the City of La Quinta; find it offensive when stating will put the burden of the cost of annexation on the citizens of La Quinta; stated the Redevelopment Zone was established prior to the La Quinta administration and Supervisor Wilson; questioned why the City has not brought the issue to light; requested the City consider a less density in the area and the residents feel the annexation Mayor Adolph stated it would be a benefit to be annexed into La Quinta because Council Member Henderson stated annexations previously incorporated into the City were conducted publicly. Vincent Barbato, 73-081 Fred Waring Dr., Palm Desert, owner of Family Development located on the southeast corner of Avenue 53 and Monroe; has had no activity as of late regarding annexation; questioned if the Enclave was going to be the model to determine the cost per unit; stated if fee is too expensive, he would be happy to stay in the County; stated the Redevelopment Zone is a very important factor, as his property is not in the Redevelopment Zone and questioned why must be subject to the 30 year model; requested the City to consider factoring impacts. Council Member Henderson stated she was not aware staff was factoring property in the Redevelopment Zone. Assistant City Manager/Development Services Evans stated staff will include property tax in the model to show the impact, explained the area outside the Redevelopment Zone is predominantly residential, the cost for services exceeds the revenue from property taxes. Mr. Barbato conveyed his concern of waiting another year to be able to develop the property. The City Council recessed to and until 7:00 p.m. City Council Minutes 12 October 16, 2007 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION APPROVING TENTATIVE TRACT MAP 32848, AMENDMENT NO.1, TO AMEND THE TENTATIVE TRACT MAP FROM 16 LOTS TO 15 LOTS FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF AVENUE 60 APPROXIMATELY 700 FEET WEST OF MADISON STREET. APPLICANT: SARKIS AND SEVAK KHA TCHADOURIAN. Principal Planner Mogensen presented the staff report. In response to Council Member Henderson, Public Works Direction Jonasson explained the applicant was able to amend the retention from 100 to 1,000 year flood design with little effort. Council Member Sniff question the applicant if he had any idea how big a thousand year flood is. Council Member Kirk questioned if the new policy did apply, how many lots could put on this tract. Principal Planner Mogensen replied by stating the applicant could split the lots in half. In response to Council Member Osborne, Principal Planner Mogensen stated this item is a new, amended Tentative Tract Map, and the applicant has received two extensions. Planning Director Johnson explained there were six month time extensions, as there was a significant issue of redesign, as the applicant continued to work diligently and were unable to redesign. Council Member Osborne confirmed after the first approval in 2004 and in 2007, it has been over three years since the original approval, and now have this new Tentative Tract Map. Mayor Adolph conveyed his concern of the vehicle stacking at the entrance of the development. Public Works Director Jonasson stated staff believes City Council Minutes 13 October 16, 2007 there is enough room for three-car stacking. Mayor Adolph stated his concern of the cars impeding on Avenue 60. Public Works Director Jonasson stated staff will work with the developer's engineers to reconfigure the entrance to accommodate stacking. The Mayor declared the PUBLIC HEARING OPEN at 7:16 p.m. Sarkis Khatchadourian, 7586 Woodrow Willson Drive, Los Angeles, gave a brief history of the acquisition of property and design of development; explained he was trying to keep what was originally designed but concluded it was not feasible; stated once he found a feasible design, he discovered the plan was not compliant with General Plan; stated he was trying to redesign the plan and preserve the original concept. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:20 p.m. Council Member Kirk stated he cannot support this item because the rules have changed for projects similar to this one in the community; does not like the design and retention basin is not the most pleasant part of the project; in this case, lower density makes more sense; and has concerns of traffic impacts regarding stacking. Council Member Osborne stated he agrees with the comments made by Council Member Kirk and the developer should follow new rules; stated he understands the challenges the developer has faced to redesign the project; and stated the density does not match the area and smaller lots are consistent on Avenue 60. RESOLUTION NO. 2007-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP 32848 TO SUBDIVIDE 4.3:t ACRES INTO 15 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS (SARKIS AND SEVAK KHATCHADOURIAN. Council Member Henderson stated development standards have changed, however neighborhood is developing to old standards and it is compatible to what is there; the retention basin will not be visible from outside the community; and hopes the developers consider clients when designing the retention basin. City Council Minutes 14 October 16, 2007 It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2007-097 as submitted. Motion carried by a vote of 3-2, Kirk and Osborne dissenting. 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 13, SUBDIVISIONS, TO AMEND TIME PERIODS ALLOWED BETWEEN LOT LINE ADJUSTMENTS. Planning Director Johnson presented the staff report. In response to Council Member Osborne, Planning Director Johnson stated there are no projects awaiting this approval. Council Member Kirk question why six months for residential and no time for commercial. Planning Director Johnson explained there would be the potential for the developer to circumvent the final map process resulting in several lot line adjustments. Planning Director Johnson explained several lots were adjusted through a lot line adjustment process for the Mountain View Country Club project, in response to Council Member Kirk; and further explained the problem with this domino effect is difficult to follow as opposed to an amendment to the map. The Mayor declared the PUBLIC HEARING OPEN at 7:28 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:28 p.m. Council Member Henderson stated after having meeting with the BIA and looking for ways to work with developers and move things along, and recognizing the downturn and cost saving, this is appropriate. MOTION - It was moved by Council Members Sniff/Osborne to take up Ordinance No. 444 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO TIME PERIODS BETWEEN LOT LINE ADJUSTMENTS. It was moved by Council Members Sniff/Osborne to introduce Ordinance No. 444 on first reading. Motion carried by the following vote: City Council Minutes 15 October 16, 2007 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO ESTABLISH POLICIES AND STANDARDS FOR RESIDENTIAL SECOND UNITS, ALLOW APARTMENTS IN THE MEDIUM-DENSITY RESIDENTIAL ZONE, AND ALLOW MINI-STORAGE FACIL TIES IN THE COMMERCIAL PARK ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND ADD LANGUAGE DEFINING AND DESCRIBING IMAGE CORRIDORS IN SPECIAL PURPOSE DISTRICTS Planning Director Johnson presented the staff report. In response to Council Member Osborne, Planning Director Johnson explained the current standards for set-backs of second units will not change, and the allowance for building the structure does not change and must adhere to present set-backs; stated there are no cooking facilities in Casitas, and kitchenettes in a second unit; and confirmed there is the potential of building apartments in the backyard, upon applying for a Conditional Use Permit; explained the mini-storage units require a condition permit, and even though there are only a few, staff desires the highest and best use of the few remaining undeveloped properties, especially on Highway 111. Mayor Adolph stated the Council did not have the amendment prior to the meeting as it was received just this evening. In response to Council Member Henderson, Planning Director Johnson explained the fundamental concern of the Planning Commission was permitting to allow changes to properties on Highway 111 and concurred with the highest and best use interest; stated the issue is not a matter of staff recommendation, it is a matter of a standard, if a prohibited use is seen as legal, it is non-conforming. City Attorney Jensen stated the could have a provision that it wouldn't have any application to any existing structures for a time period; could have an amortization period which is usually used to phase a development out; usually they are non-conforming and are subject to the non-conforming provisions, but are able to craft language to address the matter, in response to Council Member Henderson. City Council Minutes 16 October 16, 2007 Planning Director Johnson explained there may be an option for the existing uses to be required to adhere to a Conditional Use Permit process or conditional use allowance, and recognize those two properties and identify that they continue to exist. Council Member Henderson stated her interest in hearing more about the issue. In response to Council Member Kirk, Planning Director Johnson stated notices were not sent to the property owners. Council Member Kirk stated he would not tend to support a prohibition without working with property owners, and consider this item in the future; stated he shares some of Council Member Osborne's concerns and unwittingly increasing density in residential areas; stated the real issue seems to be with large subdivisions where almost every house includes a casita which includes preparing a minor use permit with a relatively high fee and staff time; confirmed most of complaints coming from developers of larger divisions, and staff. Planning Director Johnson confirmed the issues stated and the fact State law has changed and cannot impose the restriction technically. Mayor Adolph stated the report was confusing when looking at apartments in medium density residential zones, and what is and isn't allowed. In response to Council Member Osborne, Planning Director Johnson explained one second unit is currently allowable per parcel, and must apply for a conditional use permit for two or more; and further stated he is aware of larger estate lots with more than one second unit. Council Member Kirk stated on some of the custom lots the architectural design is such that there may be one or two guest homes attached to the residence with a separate entry. In response to Council Member Osborne, Planning Director Johnson stated the code could apply to any lot depending on the development meeting all the set-backs required. Council Member Henderson stated the name of La Quinta refers to the small casitas built out in the back forty. The Mayor declared the PUBLIC HEARING OPEN at 7:54 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:54 p.m. Council Member Kirk addressed the mini storage issue, and suggested to postpone amending the Zoning Code to one day discourage these units on City Council Minutes 17 October 16, 2007 high profile corners in the City and request staff to bring back information on the affects of the economics from storage units. Council Member Osborne suggested the possibly of applying the Transient Occupancy Tax to storage units. Council Member Henderson stated some cities are collecting Transient Occupancy Tax on storage units. MOTION - It was moved by Council Members Kirk/Henderson to take up Ordinance No. 445 by title and number only and waive further reading, without the inclusion of storage units, as amended. Motion carried unanimously. ORDINANCE NO. 445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9 OF THE LA QUINTA MUNICIPAL CODE TO ESTABLISH POLICIES AND STANDARDS FOR RESIDENTIAL SECOND UNITS, ALLOW APARTMENTS IN THE MEDIUM-DENSITY RESIDENTIAL ZONE, ALLOW MINI-STORAGE FACILITIES IN THE COMERCIAL PARK ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND ADD LANGUAGE DEFINING AND DESCRIBING IMAGE CORRIDORS IN SPECIAL PURPOSE DISTRICTS. It was moved by Council Members Henderson/Osborne to introduce Ordinance No. 445 on first reading, as amended. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION VACATING AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS, AND EGRESS OF FIRE, POLICE, AND OTHER EMERGENCY VEHICLE PERSONNEL WITHIN TENTATIVE PARCEL MAP 33367, AND PUBLIC UTILITY EASEMENTS ESTABLISHED OVER THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP 33367. Public Works Director Jonasson presented the staff report. City Council Minutes 18 October 16, 2007 Council Member Osborne stated he has heard over the years the Council should have extended Adams Street; and now not continuing Adams again. Council Member Sniff confirmed vacating an easement of Adams Street generally south and was done in 1987. Public Works Director Jonasson explained the actions in the mid-eighties were left in place and there is a need to actually vacate them now and later re-establish them with the new parcel map. Council Member Sniff further stated it was his understanding it was vacated period, and now being told it was not. Public Works Director Jonasson stated staff has reviewed records and the intent was to leave access for emergency vehicles. Council Member Sniff stated it was his understanding the street was vacated period, and questioned if know for an irrefutable fact that it was not. Public Works Director Jonasson explained the prudence to vacate and to double vacate this portion of the street will not do any harm. The Mayor declared the PUBLIC HEARING OPEN at 8:05 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:05 p.m. RESOLUTION NO. 2007-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS AND EGRESS OF FIRE, POLICE, AND OTHER EMERGENCY VEHICLES WITHIN TENTATIVE PARCEL MAP 33367, AND PUBLIC UTILITY EASEMENTS ESTABLISHED OVER THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP 33367. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2007-098 as submitted. Motion carried unanimously. STUDY SESSION . . . . . . . . . . . . . . . Continued 1. DISCUSSION OF SPHERE OF INFLUENCE EAST OF CITY LIMITS. Assistant City Manager/Development Services gave a brief recap of the discussion of this matter. City Council Minutes 19 October 16, 2007 Council Member Kirk addressed the question of why annex - stated he is pro-annexation because the City will inherit this area one way or another, or it will be an island and the City will be forced to annex this area: counties generally don't do a good job developing property; stated if we continue to use the assumptions and do not do nothing about the assumptions we are headed for a train wreck and being too conservative will drive up costs and may be imposing high density for developers to recoup costs; would like to be realistic and request staff to review Council Member Sniff's recommendation to be consistent with the current which will change the per unit impact fee, review the seasonal population issue of having the same impact as a full-time resident; stated the higher the fees the greater pressure will be to increase the density in Vista Santa Rosa and suggested a variable fee based on density; commented that the bigger the house, the less persons in the house; does see the development in the east will be high end; suggested the fee be lower for low density development and higher for high density; taking a hard look at the seasonal population and making sure the model is consistent with the assumptions used today, would like to see this come back; must get this fee right or the future City Council will inherit what the County did to the City. Council Member Henderson supports continuing to tinker with model and base on a formula that is already before us submitted by the subcommittee. Council Member Kirk stated what the subcommittee supported was bringing the annexation to the Council; stated the methodology is good, and expressed concerns of density and the use of this model and the impact to density. Council Member Henderson confirmed Council Member Kirk's pOSition of using the existing formula to be able to get to the suggestions made. Council Member Kirk confirmed the model is a good one and the biggest issue is the persons per household, and suggested staff could look at the Department of Finance, the General Plan or somewhere in between. Council Member Henderson addressed the purpose of annexing into the City as the more control we have over this area and the ability to make it successful; doesn't believe the County's vision of the area is for the benefit of La Quinta; feels staff has brought everyone to the table; no problem to work with this formula and continue to tinker with the model; if try to access this formula three years from now may come to a more tolerable fee; small adjustments change the numbers; should plan to close the gap between 2.04 and 2.51; troubled with how and why came up with 2.51 number; staffing for services is provided to both permanent residents and seasonal; would like City Council Minutes 20 October 16, 2007 to see a little more done with the formula in two weeks; and requested staff to bring back some figures based on the discussions tonight. In response to Council Member Henderson, Assistant City Manager/Development Services Evans explained both the figure and the formula will be built into the agreement depending on the fee the Council approves, and the reduction of fees over time; the more complex the fee the more careful staff would need to be; the idea is any property owner that annexes would need to enter into an agreement; and either Mr. Hammer or any future property owner would more than likely beg the City to develop the property for residential purposes as the transportation to the area does not support commercial development. Assistant City Manager/Development Services further explained staff may be able to spend the time to address multi-family and begin looking at bedroom counts for higher density and apartments; stated a developer must enter into a pre-annexation agreement for residential development prior to an annexation and environmental documents would need to be included; explained a completed environmental assessment is needed to go forward with an annexation as well as the entitlements and agreements; each project must be reviewed independently to determine the necessity of an Environmental Impact Report; explained the timeframe to process an annexation would be about two years depending on the Council's direction in preparing the sliding scale of fees in the agreement. Council Member Henderson stated the density has proved itself to be a critical part of the formula; have outstanding issues regarding the area outside the Redevelopment Plan; recommend to look at the potential of arriving at a figure between 2.51 and 2.04; requested staff to report back to the City Council in two weeks and wrap up by the end of the year. Council Member Osborne stated he would rather leave the formula alone; quite a bit of discussion regarding the inflation factor and staff has been cons.istent on applying the percentages over the years; in respect to persons per household, it will be a difficult discussion, number will be grey and fuzzy; would like to keep things as simple as possible; supports the sliding scale application; supports a density credit, but it may negate the fee; have to plan for the largest population and keep the staffing of safety personnel; concerned to discount seasonal portion more than reasonable; only applies to single-family residential units; need to address units not in the County Redevelopment Plan; and would like to keep the formula simple for the betterment of everyone involved. City Council Minutes 21 October 16, 2007 Council Member Sniff stated he would like to see this issue move forward and must begin the process of annexing the area, whether it's the entire area or not; believe if work from a simple base figure and work from that, it's based on simple logic and everyone can understand; recommend $30,000 per dwelling unit, have a 30 year span of time and this amount should be looked at and potentially adjusted per year; would like to see the Council realize the City will control the density and development; some of the area remain extremely rural and should maintain a rural atmosphere; people who live in Vista Santa Rosa like their lifestyle and sees no reason that it needs to be significantly modify at all; it will not be wall to wall, side to side houses and a lot of it is going to be very rural and it should be; it is not a highly urbanized area and doesn't think it should be a highly urbanized area and it can have areas that urbanized and others that are rural, a blend, as it is a big enough area to accommodate with relative ease; stated staff cannot prove the numbers in the formula, as they are arbitrary and would rather work with solid numbers and go from there; recommended to use $30,000 per dwelling unit to start and have an analysis every two years to the justification of potentially raising the fee, but more likely lowering the fee, and should come down every year and end at zero by the 30th year; simplicity properly applied works and the $30,000 per dwelling unit lends itself to a basic simple formula; can and should move faster than two years to annex the area into the City; perplexed over this matter and has been delayed due to the complex factors presented to the Council; too many factors are presented and there is never a definitive movement; suggested to keep it simple for better understanding by everyone; things can go the other direction at any moment as costs can go up; other factors include the significant differences in the thrust to build residential housing in resort areas; establish a simple straight formula and move with dispatch to get it going so that people who do have property in the area have a reasonable expectation of being able to do something with their property. Mayor Adolph conveyed his agreement with Council Member Henderson's statements; stated it behooves us to protect our borders by being a part of what is happening there; stated the City has the opportunity to develop projects that will project what is established in the area; trying to protect the community by building a reserve financially; have been conservative and must stay conservative in investments; must do the right thing for the community; willing to take a look at what it takes to protect us; can see the rationale of other Council Members and see one common concern which is allowing the proper development in the area; agrees on a formula to break even and not cost the City financially; and rely on staff to present the facts. Council Member Kirk stated he has not had time to review the matter entirely; recommended staff return a couple of alternatives - one setting the City Council Minutes 22 October 16, 2007 fee at $30,000 and one suggested by staff already, and include seasonal population; and suggested to make a decision in thirty days. Council Member Kirk further conveyed his confusion of suggesting 30 years - residential property will have a negative impact at the 31 st and 32"d years and so on, would like to receive clarification of the term of the fee. Council Member Henderson stated the Council has spent a great deal of time on the formula; even the suggestion of $30,000 came from somewhere and it came from a formula and based on reality; we are basing the formula on the 30 years of the Redevelopment Plan which expires in 2036; stated we could already be one year into the life of the 30 years, and could already be calculating the fee at 29 years; have approved many projects that took more than two years to develop the project. Assistant City Manager/Development Services Evans stated staff could bring back the difference of fees between county and non-county areas; will show what happens in year 30 or 29, as will roll back to low property tax; same challenge if look at residential property in the City today; will not have the commercial exponential factor as citizens prefer to shop outside the City. Council Member Henderson further stated based on the current population, current General Plan, and the current five year allocation program and the 30 years, where we are somewhat upside down; stated she is of the frame of mind there is going to be change; reality is will not be able to afford to pay current salaries for safety personnel and it will be changed; receiving more property tax now than have received in the past because of the triple-flip; have a good formula and must use it,' but it will not work forever; must use the same formula all the way through the 30 years; there is room between the 2.51 and 2.04 and the density factor; conveyed her disbelief of the financial despair in 30 years. Council Member Sniff stated he understands this matter back will be brought back at the second meeting in November. Assistant City Manager/Development Services Evans stated staff will need 30 days to consult all involved. Council Member Osborne suggested to submit first annexation request this year; thirty-year study and potential residential population and the revenue must be considered. Council Member Henderson stated the rotation of the big boxes are going to go from here and the Supervisors will do everything to relocate them to the southeast. City Council Minutes 23 October 16, 2007 Council Member Osborne stated we don't know what will happen. Council Member Henderson conveyed her concern of no annexations have been conducted with any kind of fee outside of the Redevelopment Plan; all homes costs the City money to provide services; and will be using the same formula less the property tax. Assistant City Manager/Development Services Evans stated the property tax will be included and the Council may be surprised how much is contributed to this formula Mayor Adolph recessed the City Council meeting at 9:11 p.m. and reconvened at 9:23 p.m. Council Member Kirk referred to the world being bleak at the end of the 30 years, and requested staff to include the 5% escalation. BUSINESS SESSION . . . . . . . Continued 3. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO.6 FOR PROJECT NO. LMC 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2007/2008. (This item was moved from Consent Item No. 8.1 Mayor Adolph stated during the winds last week, many trees were blown down and many landscapers were replanting the trees in many areas, but not at SilverRock Resort until Tuesday; stated he had questioned Building & Safety Director Hartung if the City has a standard planting plan who stated the City does not; questioned why beautiful trees were lost due to the wind damage at the SilverRock Resort and not in other areas of the City; stated landscapers are not replacing plants and drip systems are watering the dirt; stated if not they are not replacing plants then disconnect drip system. In response to Council Member Henderson, Public Works Director Jonasson explained Kirkpatrick provides service on the perimeter of the Resort; stated the City does have a standard planting plan and staff will review the landscape plans with the developer; explained part of the delay to replanting trees is due to obtaining staking materials; and further explained the priority was the removal of debris impeding on the right-of-way for public safety. Mayor Adolph suggested to use two inch dowels for staking, and stated there must be a better way to protect the trees. City Council Minutes 24 October 16, 2007 Public Works Director Jonasson stated two inch stakes broken by the winds last Friday, and staff may attempt to install three posts to anchor the trees. Council Member Sniff suggested installing an angled post when planting a new tree to anchor. Many landscapers are not good or have the ability to prevent weather damage to the trees. Mayor Adolph stated he brought up this issue due to the amount of damage of the trees; suggested the supervisor personally survey the damage in the area immediately; and replace plantings, if not replacing then disconnect the drip system to the area. Public Works Jonasson stated unfortunately the wind damage happened on a Friday and may need to consider overtime to clean up during the weekend. MOTION - It was moved by Council Members Henderson/Sniff to approve Contract Change Order No.6, for a credit to the City in the amount of $6,731 for project No. LMC 205-08, Citywide Landscape Maintenance Services for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS CV AG Public Safety Committee and Transportation Committee - Council Member Kirk reported the Public Safety Committee received information from the County and a number of disaster caches are located at Desert Hospitals and Eisenhower and are mainly focused in the West Valley, and need to locate emergency caches locally and in the City of La Quinta; and received a presentation on the 211 number which is a relatively under-utilized program and suggested staff contact the 211 organization and possibly promote the service in the Gem; the Transportation Committee reviewed a number of items including the funding generated for the Measure M as only Highway 111 is eligible in the Valley, the changes of all the Cities taking over responsibility was a question, and it appears that in addition to the $150,000 seeking from CVAG the City may be able to receive additional funds out of the regional pot for Highway 111. C.V. Mosquito & Vector Control District - Council Member Henderson reported the budget has not become as sophisticated as the Cities as far as designating reserve funds; having a strategic planning meeting; questions and suggestions were better addressed at the strategic meeting; saving comments regarding the articles in the newspaper for strategic planning meeting; a smaller article relating to the Board voting to approve appealing City Council Minutes 25 October 16, 2007 the decision from the court recently and the decision was against from the removal of Carl Baker from the Board, which is not true. The District has no control of the appointments to the Board from the various entities who participate; explained if they know there is a Board Member that have caused problems and are being considered for reappointment, the Board would like the City to indemnify the Board; clarified the Board is appealing the decision to consider to indemnify the Board of any severe financial impact in the future. League of California Cities - Council Member Henderson reported the Board approved the language of eminent domain petition and are starting a signature process for the protection of our homes; the legal analysis of the Jarvis initiative is actually starting to strongly support it as being more dangerous than Prop. 90; and it will be a challenge to protect homeowners and accept the initiative the League is supporting. Riverside County Transportation Commission - Council Member Henderson reported she attended a signing ceremony last Friday in Los Angeles to collaboratively moving freight through the Southern California corridors. CV AG Energy & Environmental Resources Committee - Council Member Sniff reported he attended the last two meetings, addressed housekeeping issues but nothing to report. CV AG Homelessness Committee - Council Member Osborne stated the Committee has selected the location of the shelter facility in North Palm Springs on the north side of the 1-10 freeway off of Indian. It will be in a 40,000 sq. ft. building and will cost $11 million; stated he supported this site, but questions how the Committee is going to fund the project; reported the Committee will charge a building fee and may come to the cities in the Valley. Jacqueline Cochran Regional Airport Authority - Council Member Osborne reported the Air Show will be on November 3, 2007 and he will submit tickets to Executive Assistant Wise-Latta for distribution. Council Member Sniff suggested to correct the representative listed for the C.V. Mosquito and Vector Control District from Ron Perkins to Terry Henderson. * * * * * * * * * * * * * All other reports were noted and filed. City Council Minutes 26 October 16, 2007 DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Osborne requested Police Chief Walker to address CC 12 regarding the acceptance of State funding in the amount of $100,000 from the Supplemental Law Enforcement Services Fund (SLESF). Chief Walker, explained the Law Enforcement Services Fund and the distribution to the cities by population; stated the funds must be used for first line police services; stated the Department intends on receiving this years as they have in the past; explained the Department will utilize the funding in traffic control, robbery plan, and a burglary prevention program for commercial areas; and stated the funding was included in the budget. Council Member Osborne congratulated Chief Walker for the positive report in the newspaper regarding the reduction of crime in La Quinta. Council Member Osborne questioned if the $100,000 grant for a motor officer will be eliminated with the new agreement signed between the governor and Indian Tribes. Chief Walker explained the new agreement would apply only with the Augustine tribe, if they were to add more slot machines in the casino; otherwise it does not apply to the City of La Quinta. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. VERONICA J. ONTECINO, City Clerk City of La Quinta, California