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2007 12 18 CC Minutes LA QUINTA CITY COUNCIL MINUTES DECEMBER 18, 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 Douglas R. Bigley, Protech Holdings, explained the company is experienced in the development of workforce housing; addressed land values and the mitigated risks. CLOSED SESSION City Manager Genovese advised Item No. 1 should include the wording, "Conference with Legal Counsel" and City Attorney Jenson did not participate in Closed Session Item No.1. 1 . Conference with legal counsel regarding approval of Settlement Agreement - Shea La Quinta, LLC, v. City of La Quinta, Riverside Superior Court Case No. RIC484197, pursuant to Government Code Section 54956.9{a). (See announcement on Page 2.) 2. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of property located at Dune Palms Road south of Highway 111 and identified as APN 600-020-012. Property Owner/Negotiator: Protech Holdings 123, John Bigley. 3. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of property located southeast of the intersection of Adams Street and La Guinta Centre Drive. Property Owner/Negotiator: Christine Clarke, Stamko Development Company. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. City Council Minutes 2 December 18, 2007 4:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. CLOSED SESSION ANNOUNCEMENT City Manager Genovese announced the City Council unanimously approved the settlement agreement between Shea La Quinta LLC and the City of La Quinta in Item No.1, on a motion made by Council Members Kirk/Osborne. PUBLIC COMMENT Kay Wolff, 77-227 Calle Ensenada, expressed appreciation to Council and staff for their service to the community in 2007 and for installation of a perimeter wall at the Fred Wolff Preserve. Bill Ivey, 78-665 Descanso Lane, Vice President of Rancho La Quinta Master Homeowners' Association, stated the sound study approved by their Board indicates excessive sound affecting over 300 residents near Washington Street; and recommended the City fully review the report. James Duff also spoke about how traffic 'noise on Washington Street impacts the daily life of residents and their property values; and requested installation of a sound attenuation wall. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS Gayle Biondi, representing Friends of the Library, presented a $25,000 donation for development of the children's area at the La Quinta Library. City Council Minutes 3 December 18, 2007 WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM URBAN HOUSING COMMUNITIES DATED DECEMBER 11,2007. Received and filed. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of December 4, 2007, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Osborne requested Item No. 22 be taken up separately, and stated he would like to comment on Item Nos. 17 and 18. . Council Member Osborne questioned the difference between the budgeted and project cost amounts for Item Nos. 17 and 18. Public Works Director Jonasson explained the projects are 2 Y, years old, and upon review staff decided to uplight the median due to the location, which accounts for the $400,000 increase; the project is a separate line item and can return with alternatives for City Council review. He further explained upon review of the detail with the Homeowners' Association, the improvements were required to match the frontage of each community which was not included in the original estimates. Council Member Kirk requested Item No. 15 be taken up separately due to a conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 18, 2007. 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED OCTOBER 31,2007. 4. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH INNOVATIVE COMMUNITIES FOR STREET IMPROVEMENTS ON AVENUE 58 FOR TRACT MAP 34243. City Council Minutes 4 December 18, 2007 5. ACCEPTANCE OF STATE FUNDING FOR SOBRIETY CHECKPOINT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES IN THE AMOUNT OF $27,232 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS). 6. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32453, HIDEAWAY, ND LA GUINTA PARTNERS, LLC. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) 2008 ANNUAL CONFERENCE IN FORT LAUDERDALE, FLORIDA, JUNE 15-18,2008. 8. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA GUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDING JUNE 30, 2007. . ,9: . APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA GUINTA ASSESSMENT DISTRICT NOS. 92-1 AND 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2007. 10. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE MASTER MUNICIPAL CLERK ACADEMY TO BE HELD IN SANTA BARBARA, CALIFORNIA, FEBRUARY 6-8,2008. 12. APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS TO PAINT AND RE-CARPET THE EXISTING CITY HALL. 13. '.APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS TO INSTALL COVERED PARKING AND ADDITIONAL ACCESSIBLE PARKING SPACES AT THE LA GUINTA LIBRARY. ,4. APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS TO. REPLACE THE EXISTING PARKING LOT SOUTH OF CITY HALL. . 15. APPROVAL OF SECOND READING OF ORDINANCE NO. 448, AMENDING SECTIONS 13.04.070 AND 13.28.040 OF THE LA GUINTA CHARTER AND MUNICIPAL CODE RELATING TO SECURITY FOR SUBDIVISION IMPROVEMENTS. (See separate actiOn below.) City Council Minutes 5 December 18, 2007 16. APPROVAL OF SECOND READING OF ORDINANCE NO. 449, AMENDING TITLE 9, ZONING, TO PROHIBIT NEW MINI-STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE AND ALLOW EXISTING FACILITIES TO CONTINUE TO OPERATE AS LEGAL AND CONFORMING USES. 17. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BIDS THE AVENUE 54 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-09. 18. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BIDS THE LAGO LA QmNTA AND VILLAS AT LA QUINTA SOUND ATTENTUATION WALLS, PROJECT NO. 2006-02. 19. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30023-6 - TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2007-112) 20. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33367, LA QUINTA REDEVELOPMENT AGENCY, SILVERROCK RESORT. (RESOLUTION NO. 2007-113) 21. ACCEPTANCE OF PARK AVENUE LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-15, AND APPROVAL OF CONTRACT CHANGE ORDER NO.2. 22. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 33717, QUADRANT, AMERICAN LAND LIQUIDATORS, INC. (See separate action below.) 23. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR CONSTRUCTION OF IMPROVEMENTS ON A VENIDA MONTEZUMA ROUNDABOUT RECONSTRUCTION, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB - LA QUINTA UNIT. 24. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE FRIENDS OF THE LIBRARY. (RESOLUTION NO. 2007-114) 25. ADOPTION OF A RESOLUTION GRANTING AN EXTENSION TO THE CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 34855, JC PENNEY, STAMKO DEVELOPMENT COMPANY. (RESOLUTION NO. 2007-115) City Council Minutes 6 December 18, 2007 26. APPROVAL OF A GRANT APPLICATION FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) FOR CLICK IT OR TICKET (ClOT) MOBILIZATION BY THE LA QUINTA POLICE DEPARTMENT. MOTION - It was moved by Council Members Henderson/Sniff to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 15 and 22 and with Item Nos. 19, 20, 24, and 25 being approved by RESOLUTION NOS. 2007-112 through 2007-115 respectively. Motion carried unanimously. Item No. 15: MOTION - It was moved by Council Members Osborne/Henderson to approve the second reading of Ordinance No. 448, amending Sections 13.04.070 and 13.28.040 of the La Quinta Charter and Municipal Code relating to security for subdivision improvements. Motion carried with Council Member Kirk abstaining. Item No. 22: MOTION - It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2007-116, granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map 33717, Quadrant, American Land Liquidators, Inc. Council Member Osborne stated he previously voted against this, and still does not support it because the lots are too small and density too high. Motion carried with Council Member Osborne dissenting. BUSINESS SESSION 1. CONSIDERATION OF A REQUEST FROM THE COACHELLA VALLEY RECREATION AND PARK DISTRICT TO WAIVE PERMIT FEES AND APPROPRIATION OF FUNDS. Community Services Director Hylton presented the staff report. Stan Ford, representing the Coachella Valley Recreation and Park District, thanked the Council for considering this matter, and stated the organization is excited about this project. City Council Minutes 7 December 18, 2007 Council Member Henderson requested the City be provided with a monthly report to follow through with the project. Mr. Ford stated the conditions required by the City have changed the plans and set the project back, but they will work with staff and provide a report. MOTION - It was moved by Council Members Sniff/Osborne to approve the waiver of permit fees for the Coachella Valley Park and Recreation District (CVRPD) for Phase 1 of Coral Mountain Discovery Park, and appropriate approximately $2,000. Motion carried unanimously. 2. CONSIDERATION OF CITY OF LA QUINTA PROMOTIONAL LOGO. Management Analyst Casillas presented the staff report. Council Member Henderson commended staff on a good job in bringing some options before the City Council. Council Member Osborne commended staff on a beautiful job; stated he prefers Logo A as it enhances the history of the City; stated he likes the wording of La Quinta with the quail in the "0" in Logo B; and stated he does not particularly like the purple in Logo C. Council Member Sniff stated Logo B is outstanding; suggested that on the center logo the Gem from the top be placed on the second line; he would like to see the contrast so the mountains are apparent; and suggested a "sparkle" effect immediately above the gem to enhance it. Council Member Henderson stated she prefers Logo C,but in blue, as it depicts the mountains, quail and a gem and suggested the lettering in black; stated Logo A is great, but was used for the 25th Anniversary and should stand alone; agrees with changing the size of the gem for Logo B and that the quail in the "Q" is a good addition, but is sensitive about the "sparkles", and suggested printing the logo on metallic paper. Council Member Kirk stated he likes the simplicity of all three logos; stated he likes the reference of the historic nature of the City in Logo A, but a change may be needed; stated the quail in the "Q" of Logo B is cute, but it's not clear of the purpose of the wing of the quail in the "Q", and the shape of the gem is a traditional icon for computer keyboard keys; stated the colors in Logo C are unusual, which is appealing, and likes the "Gem of the Desert" motto underneath, but not sure about the quail in the mountains; and is uncertain about the possibility of combining Logos Band C. City Council Minutes 8 December 18, 2007 Mayor Adolph stated simplicity is the key and the logos should not have much detail; stated Logos A and C have too much emphasis on the quail; conveyed he favors Logo B, and stated the quail in the "0" may not be dissected by the public well. Council Member Sniff stated a similar logo was used for the City's 10th Anniversary celebration, which was a superior logo, and part of that was the "sparkle" effect; stated he would like to have support for Logo B, with the modification of using the larger gem; and requested staff report back with suggested modifications. Council Member Henderson asked if a logo is approved today, will staff have banners up in time for the Bob Hope Chrysler Classic. Community Services Director Hylton stated staff will not be able to make the banners in time for the event. Council Member Kirk requested to hear comments from Ms. Carter. Andrea Carter, explained Logo A provides continuity with a modified 25th Anniversary logo; stated they can come back with a modified logo using Logos Band C. Council Member Sniff suggested referring the matter back to staff to incorporate Council's comments with a recommendation to modify Logos B and C. 3. CONSIDERATION OF AN APPROPRIATION FOR ADDITIONAL REQUESTS BY THE PGA FOR THE BOB HOPE CHRYSLER CLASSIC. Community Services Director Hylton presented the staff report. In response to Council Member Osborne, Johnny Pott, stated the PGA visited the course during over-seeding and voiced concern about frost conditions; they have requested equipment to speed up the defrosting and to monitor the moisture factor in the air; they also referred to emitters and drip system without plantings and requested the matter be addressed; staff is in the process of reducing the height of the emitters; commented on the importance of SilverRock making a tremendous impression with the tournament players; and stated the City has agreed with all conditions from the PGA tour. City Council Minutes 9 December 18, 2007 Council Member Osborne asked how much of the $80,000 cost is due to damage done from Mother Nature. Mr. Pott stated approximately $17,000 is needed for replacing and enhancing plants. Council Member Sniff stated the coldest temperatures for the area have been in early January. Council Member Kirk noted 2/3 of the cost is equipment-related with the other 1/3 being items made annual, and questioned if the budget will be adjusted to include these items on an annual basis. Mr. Pott stated some of the items are due to being first year maintenance of the course. MOTION - It was moved by Council Members Henderson/Kirk to approve an appropriation of $80,030 from the General Fund to fund additional preparations for the Bob Hope Chrysler Classic as requested by the PGA. Motion carried unanimously. 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 6.04 AND 6.05 OF TITLE 6 OF THE LA QUINTA MUNICIPAL CODE RELATED TO THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE CITY. Council Member Osborne did not participate on this item because of a conflict of interest due to Burrtec Waste being a client of his firm, and he recused himself. In response to Council Member Kirk, Assistant City Manager-Management Services Plumlee state the minor changes are for the purpose of making the Municipal Code consistent with the agreement. Council Member Kirk suggested changes in the future be highlighted for Council review. MOTION - It was moved by Council Members Henderson/Kirk to take up Ordinance No. 450 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 6.04 AND 6.05 OF TITLE 6 OF THE LA QUINTA MUNICIPAL CODE RELATED TO THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE CITY. City Council Minutes 10 December 18, 2007 It was moved by Council Members Henderson/Kirk to introduce Ordinance No. 450 on first reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Henderson, Kirk, Sniff, Mayor Adolph None Council Member Osborne None 5. CONSIDERATION OF AND DIRECTION REGARDING SILVERROCK AD-HOC COMMITTEE. Management Analyst Powell presented the staff report. In response to Mayor Adolph, City Attorney Jenson reviewed the difference between an ad-hoc committee and standing committee; there is 'concern with having a standing committee for a short duration; stated the committee that was initiated should be disbanded and a new committee created. Council Member Kirk asked about the consequences of continuing an ad-hoc committee, to which City Attorney Jenson responded it is a violation of the Brown Act and considered a criminal act. Council Member Osborne asked if the committee could continue if the Brown Act is applied, and City Attorney Jenson stated that is correct. Mayor Adolph stated having the committee allows for the representatives to bring back information to the Council and provide input on the development of SilverRock Resort. Council Member Sniff stated the committee sunsets at the end of the year, and the only positive action is to form a standing committee. He prefers not to challenge the law. Council Member Henderson suggested the possibility of appointing an ad-hoc committee for three months to deal with issues related to the Bob Hope Chrysler Classic, and consider establishing a standing committee after that time period. Mayor Adolph stated the committee has been dealing with the Classic event. City Attorney Jenson stated the committee has also participated in other issues. City Council Minutes 11 December 18, 2007 Council Member Henderson suggested the ad hoc committee sunset after three meetings. Council Member Kirk stated he will support a motion to that effect. MOTION - It was moved by Council Members Henderson/Kirk to establish the Bob Hope Chrysler Classic (BHCC) Ad Hoc Committee to address matters related to the Bob Hope Chrysler Classic at the SilverRock Resort for the period of Jan 1 - Mar 31, 2008. Motion carried unanimously. MOTION - It was moved by Council Members Kirk/Henderson to appoint Mayor Adolph and Council Member Osborne to the BHCC Ad Hoc Committee. Motion carried unanimously. 6. CONSIDERATION OF AND DIRECTION REGARDING A PLANNING AREAS 1 AND 2 AD-HOC COMMITTEE. In response to Council Member Henderson, Planning Director Johnson stated the committee was established in September 2006. Council Member Osborne stated one of the major areas discussed was regarding the financial elements of the agreements which have been approved; and suggested to establish a new ad hoc committee to address land use issues and guidelines for development in the planning areas. Council Member stated this committee should take a rest at the time being, and establish at a later date, if needed. Council Member Sniff stated if let it rest don't have to do anything. Council Member Kirk stated there is value in focusing on land use as suggested, but not much activity until first annexation; and suggested to bring back in two to three months. Council Member Osborne informed the Council he will attend the Vista Santa Rosa Task Force meeting arid bring the information back. Council Member Sniff stated the movement of the annexation possibility is incredibly slow and conveyed his frustration of not accomplishing anything or have one annexation of any sort completed; and stated the Council has made a decision of the fee amount; and requested the fee be brought back at the January 15, 2008 for modification; and would like to see the two annexations proposed move forward, as the delays have been unfortunate; City Council Minutes 12 December 18, 2007 and stated developers may have lost interest due to the delay in processing the annexations; and questioned if can give direction to annex the two properties. City Manager Genovese stated staff cannot take direction to automatically annex property, but informed staff is processing the applications. Council Member Sniff conveyed his understanding of the timeframe taking up to two years; requested staff take steps to move the matter forward, as the City is currently not getting anywhere at all. Council Member Henderson conveyed her support to report back at the January 15, 2008 meeting as a Business Session item, but was expecting the matter be brought back at the December 18, 2007 meeting; stated after the last study session item of this issue, will be surprised to the number of annexation applications received, if this is the case, there is every reason to revisit the fee formula; and stated there is some more room to modify the formula. City Manager Genovese stated the item can come back at the January 15, 2008 meeting. Council Member Sniff agreed this item needs to come back as a Business Session item to make decisions, and move forward to give opportunity to those interested to annex into the City; stated everything is in limbo and would like to see something defined. Mayor Adolph conveyed his agreement with the comments made; and the housing market will dictate the development. The City .Council concurred to rest the Ad Hoc Committee and requested staff to bring back a Business Session item to review the housing unit fee and form-ula. STUDY SESSION 1. DISCUSSION OF GREEN AND SUSTAINABLE LA QUINTA PROGRAM. Assistant City Manager-Development Services presented the staff report. Council Member Kirk thanked staff for a comprehensive report; questioned who in the City Manager's office will be in charge of the program. Assistant City Manager-Development Services Evans explained the City Manager will City Council Minutes 13 December 18, 2007 be in charge, with Assistant City Manager-Development Services Evans in the lead, along with Assistant City Manager-Management Services Plumlee. In response to Council Member Kirk, City Manager Genovese confirmed that is how it is currently going to be handled. Council Member Kirk stated he was curious where the Council can obtain information on the matter; and questioned if Vista Dunes is only 6% solar over new Title 24. Assistant City Manager-Development Services Evans stated building industry representatives have stated getting the 15% under the California green builder for single-family and multi-family would be a challenge under existing Title 24; stated to go from 15% to 22% to 28% would have to look at the active systems; explained staff is looking into solar at Vista Dunes and explained the Coachella Valley Housing Coalition has solar in some components of the project, but not for electrical generation; may be .tough to get where we are today, to 28%, not sure the economy is ready or cost effective. Council Member Kirk stated he would like to learn more about 22%; conveyed his agreement on the belief of the emphasis on 99% which is out there and needs help which gives a good sense where we may get our best bang for the buck; stated another thought is the focus on City demonstration projects, and generally see a heavy hand of government in those projects which may not be transferable into the private sector; stated he prefers a market based approach, setting targets and letting the private sector figure out how to achieve the projects. Council Member Henderson conveyed her appreciation for the detailed report in response to Council's request; expressed concerns with the LEEDS Program regarding looking into the future and modifying costs for certification; agrees with Council Member Kirk regarding the need to reach those homes in pre-Title 24; encouraged staff to promote programs to entice residents to participate; stated the City must rehab old projects; stated demonstration programs will play a part in increasing demand and reducing costs; supports cost-effective view of report; and stated the City may have an opportunity to create a pamphlet and deliver to neighborhood watch meetings. Assistant City Manager-Development Services Evans stated in talking to Coachella Valley Water District (CVWD) and 110, staff will have to take these programs to neighborhood meetings and speak in person. Council Member Osborne stated this is a great issue to focus on and appreciates staff's efforts; stated the average cost of homes in La Quinta City Council Minutes 14 December 18, 2007 has increased to over $400,000, and to be mindful of the cost of the homes and price out of the market; conveyed his appreciation of what staff is doing on our own by modifying the apartment complex of Vista Dunes; stated the community cannot expect younger families to live in La Ouinta if the price of homes continue to increase. Council Member Sniff conveyed his remembrance when first on the City Council and suggested to strongly not adopt every County architecture plan that is not suitable for the City; stated Mr. Weeks indicated there would be no problem of water for 100 years, but now there is every indication there has been subsidence; stated the City needs to look at water use, and overflow into the streets; stated must put pressure of those wasting water, and there should be some effort made to deal with water waste; stated the program demonstration should be conducted in the homes by showing how to do a retrofit for landscaping and the potential for additional insulation for conservation of electricity; stated demonstration in the neighborhoods is more effective and suggested an identifying sign for conservation modification at residences; stated the City is approximately 90% built out and new requirements will be effective in the remainjng development, but the new regulation will not solve the problem that has built up over the years; conveyed his astonishment solar heating has not be incorporated at SjlverRock Resort; state the City is going to run out of water and have a difficult time with electricity, and if we can tailor the demand, we will be better off; stated the City can deal with the water issue effectively and suggested to move with some dispatch; suggested to keep programs as simple and straight forward as possible and as productive as possible. Council Member Kirk addressed the focus of nuisance water, and stated the City recently approved a program with CVWD. Mayor Adolph agreed the City is moving forward on this matter; stated the emphasis should be on what can be saved on utility bills; stated the City of La Quinta may not receive as much press coverage as the City of Palm Desert; conveyed his agreement with speaking at neighborhood meetings to explain the savings by conservation. REPORTS AND INFORMATIONAL ITEMS League of California Cities - Council Member Henderson stated an email has been received from Mr. Dave Wellman, regarding Prop. A, and stated the issue has been a major discussion; and stated it is understood that Sacramento has full intention of attacking City funds. City Council Minutes 15 December 18, 2007 Coachella Valley Mosquito Vector Control District - Council Member Henderson stated she received a phone call from a reporter from The Desert Sun who questioned which district had the largest reserve account in the State of California; complimented the District for the high balance in a reserve account; stated is an aggressive research and development district; addressed fire ants; stated the revisit of reserve accounts is for various classification. Riverside County Transportation Commission - Council Member Henderson stated she served her final meeting as Chair which was an honor and has been named Woman of the Year of the Women of Transportation Chapter, Riverside/San Diego Counties. Sunline Transit Agency/Sunline Services Group - Mayor Adolph stated there are no reportable actions. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Attorney City Attorney Jenson stated the Save Our La Ouinta Neighborhood filed an appeal to the recent litigation. Building and Safety Department Council Member Henderson questioned the response to public comments made by Janice Marken regarding the residence across from her home. Building and Safety Director Hartung explained a code enforcement case has been initiated. Council Member Henderson questioned if the issue has been going on for four years. Building and Safety Director Hartung stated he was unsure it has been going on that long but it is an ongoing case with the construction. In response to Mayor Adolph, Building and Safety Director Hartung stated the Enclave house is moving forward and making progress. Community Services Department Community Services Director Hylton reported staff has received 1 ,000 tickets to observe the Bob Hope Chrysler Classic which will be available at the SilverRock Resort and at the Civic Center. City Council Minutes 16 December 18, 2007 MAYOR AND COUNCIL MEMBERS' ITEMS - None Mayor Adolph stated he attended the La Ouinta Chamber Mixer at Estancia and collected many toys with the Marines; stated Assistant City Manager-Management Services Plumlee attended the Blue Light event where Sheriff Sniff was in attendance as well. Council Member Sniff stated his son, Stan, said he spoke with the Mayor and stated he was extremely nice and represented the City well. Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2008/2009. Planning Director Johnson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:11 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:11 p.m. RESOLUTION NO. 2007-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2008/2009. City Council Minutes 17 December 18, 2007 It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2007-117, as corrected. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9. CHAPTER 9.60 OF THE MUNICIPAL CODE MODIFYING THE CITY'S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE LAW. Planning Director Johnson commented this matter is specifically a need to be in compliance with State law. Planning Manager Sawyer presented the staff report. Council Member Osborne conveyed his concerned of mandated density imposed by Sacramento. In response to Mayor Adolph, Planning Manager Sawyer explained the Senate Bill was passed two years ago and staff is now coming into compliance to it. Council Member Henderson stated this Bill has been presented to the Council previously, and it can entail many pieces of legislation; stated instead of encouraging the type of communities this City had developed, it encourages unappealing development, but have no choice to adopt the regulation. Planning Director Johnson explained the City also has options through the Redevelopment Agency to fund these options; if come to disagreement with developer certainly there is no assurance or requirement to fund the program and particular project. Council Member Henderson stated she recognizes the fact the City is fortunate to have that position as many do not. Council Member Kirk stated he suspects this has much to do about nothing for the City of La Quinta, and doesn't remember a project that didn't involve a subsidy from the Agency; don't know if any project can be done without massive public subsidy; does not like these kind of mandates and thinks they are wrong. The Mayor declared the PUBLIC HEARING OPEN at 7:23 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:23 p.m. City Council Minutes 18 December 18, 2007 MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 451 by title and number only and waive further reading. Motion carried by a vote of 4-1, Council Member Kirk dissenting. ORDINANCE NO. 451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO MODIFY THE CITY'S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE LAW. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 451 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph Council Member Kirk None None NOES: ABSTAIN: ABSENT: 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 City Council meeting. submitted,