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2010 08 03 CC MinutesLA QUINTA CITY COUNCIL MINUTES AUGUST 3, 2010 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: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION 1. 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 real property for the following: APNs/Property Owners/Negotiators: 767-220-004, Turner Development, Rusty Turner; and 767-230-001, -002, and -003, RHKIDS, LLC, Ron Hakakian. 2. Conference with labor negotiator Bret M. Plumlee regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 -Meet and Confer Process. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. 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). Mayor Adolph led the audience in the Pledge of Allegiance. City Council Minutes 2 August 3, 2010 PUBLIC COMMENT Leo Knasiak, 78-515 Avenida Ultimo, spoke regarding several improvements that have not been completed near his home on Avenida Ultimo. Mayor Adolph asked if the property has been cleared and transferred to the La Quinta Resort and Hotel.. City Manager stated the Public Works Director will provide an update of the transfer of property; and explained staff has received correspondence from the La Quinta Resort and Hotel stating they will make improvements to this area as soon as they can; however this is not the area Mr. Knasiak is referencing. Mayor Adolph asked if the property owners are responsible for these improvements. City Manager stated the residents are not responsible for the improvements; and Mr. Knasiak is expecting more than the proposed improvements at this point in time. Mr. Knasiak referred to documentation from a Planning Commission meeting held in 1991 that described the improvements along the fence line on Avenida Ultimo; stated there seems to be a difference of opinion of what is 'aesthetically pleasing'; stated there is no reason this area shouldn't be cleaned up once and for all; and stated he has complained about a sprinkler on bare dirt near the fairways. Mayor Adolph stated he has had conversations with Ralph Vick who stated the improvements would be done in a timely manner but he has left the La Quinta Resort and Hotel since then. Mr. Knasiak stated this matter has not been addressed for over a year; stated the improvements proposed are subjective and the residents are dissatisfied. Public Works Director Jonasson explained the abandonments have been completed and that portion of the property is currently owned by the La Quinta Resort and Hotel; stated the Pyramid Group, representing KSL, has verbally committed to construct a driveway and install landscaping. Also stated that staff has requested a plan be submitted for review of the improvements; addressed the issue of underground utilities and explained a portion of the utilities have been placed underground; and concluded that Code Compliance has been following up on other clean-up issues in the area. City Council Minutes 3 August 3, 2010 Council Member Henderson asked if a rendering was presented of the abandoned property. Public Works Director Jonasson stated the presentation included a photo of the driveway area. Mayor Adolph stated it seems the project is moving forward and staff will continue to monitor the improvements. CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None PRESENTATIONS -None WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Franklin to approve the City Council Minutes of July 20, 2010, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 3, 2010. 2. APPROVAL OF CONTRACT CHANGE ORDER NO. 6 WITH TSJ ELECTRICAL AND COMMUNICATIONS, INC. FOR VARIOUS ELECTRICAL WORK ASSOCIATED WITH FIRE STATION 32, PROJECT NO. 2008-03 AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 3. APPROVAL OF CONTRACT CHANGE ORDER NO. 5 WITH DESERT CONCEPTS CONSTRUCTION, INC. FOR THE INSTALLATION OF PERMEABLE PAVERS AND ADDITIONAL LANDSCAPING ASSOCIATED WITH FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT 2007-08. 4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE DESERT CLASSIC CONCOURS d'ELEGANCE. City Council Minutes 4 August 3, 2010 5. APPROVAL OF A SUPPLEMENTAL MARKETING AGREEMENT WITH DESERT CLASSIC CHARITIES FOR THE 2011 BOB HOPE CLASSIC. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 36300, MADISON CLUB, AMERICAN SECURITY BANK, INC. (RESOLUTION NO. 2010-053) 7. APPROVAL OF AWARD OF CONTRACT TO DAVIS REED CONSTRUCTION TO CONSTRUCT THE SPORTS COMPLEX REHABILITATION, PROJECT NO. 2007-19, AND APPROPRIATION OF FUNDS IF REQUIRED BY THE BID RESULTS. 8. APPROVAL OF AWARD OF CONTRACT TO VICTOR CONCRETE TO CONSTRUCT THE VILLAGE SIDEWALK IN-FILL PROJECT, PROJECT NO. 2009-19, AND APPROPRIATION OF FUNDS IF APPLICABLE. 9. APPROVAL OF AWARD OF CONTRACT TO SIERRA LANDSCAPE TO CONSTRUCT THE JEFFERSON STREET PARKWAY LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-16B. 10. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR COMBINED PROJECTS WASHINGTON STREET DUAL LEFT-TURN LANE AT AVENUE 48, PROJECT NO. 2010-06, AND WASHINGTON STREET DEDICATED RIGHT-TURN LANE AT EISENHOWER DRIVE, PROJECT NO. 2010-09. 11. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE AVENUE 48 AT JEFFERSON STREET DRAINAGE AND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2010-04. 12. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE AVENUE 50 AT PARK AVENUE DRAINAGE IMPROVEMENTS, PROJECT NO. 2010-03. 13. AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND TO ADVERTISE THE AHMANSON LANE STREET AND City Council Minutes 5 August 3, 2010 DRAINAGE IMPROVEMENTS, PROJECT NO. 2010-01, SILVERROCK RESORT TEMPORARY CLUB HOUSE PARKING LOT DRAINAGE IMPROVEMENTS, PROJECT NO. 2010-02, AND THE JEFFERSON STREET DRAINAGE MODIFICATIONS. 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO ATTEND THE 2010 LOCAL AGENCY INVESTMENT FUND (LAIF) CONFERENCE TO BE HELD IN SACRAMENTO, CALIFORNIA, OCTOBER 21-22, 2010. 15. APPROVAL TO EXCUSE COMMISSIONER KATHLEEN FITZPATRICK'S ABSENCE FROM THE SEPTEMBER 13, 2010, COMMUNITY SERVICES COMMISSION MEETING. 16. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND AUTHORIZATION TO ADVERTISE FOR BID THE TURF REDUCTION GREEN PROJECTS, PROJECT NO. 2009-18. 17. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES FINANCE, ADMINISTRATION, AND INTERGOVERNMENTAL RELATIONS STEERING COMMITTEE MEETING TO BE HELD IN TROY, MICHIGAN, SEPTEMBER 9-11, 2010. 18. APPROVAL TO CHANGES TO THE EMERGENCY SERVICES COORDINATOR JOB DESCRIPTION. 19. RATIFICATION OF CITY MANAGER APPROVAL OF A GRANT OF EASEMENT TO VERIZON CALIFORNIA, INC., FOR AN EASEMENT AND RIGHT-OF-WAY FOR THE TELEPHONE FACILITIES ASSOCIATED WITH FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 20. ADOPTION OF A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AND ENDORSE RIGHT-OF-WAY CERTIFICATIONS ON BEHALF OF THE CITY OF LA QUINTA FOR STATE AND FEDERAL FUNDED PROJECTS. (RESOLUTION NO. 2010-054) 21. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS, AUTHORIZATION TO ADVERTISE FOR BID, AND APPROVAL OF A REQUEST FOR PROPOSALS (RFP) FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE ADAMS STREET BRIDGE IMPROVEMENTS, PROJECT NO. 2006-06. City Council Minutes 6 August 3, 2010 22. APPROVAL OF AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DOMINY AND ASSOCIATES FOR CONSTRUCTION SERVICES ASSOCIATED WITH FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 23. APPROVAL OF AN AMENDMENT TO THE LICENSE AND INDEMNITY AGREEMENT WITH RIVERSIDE COUNTY FOR THE TEMPORARY ENCROACHMENT OF FRED WARING DRIVE, EXTENDING THE TERM FOR SIX MONTHS. 24. APPROVAL OF AWARD OF CONTRACT TO RDP/SCI, INC. TO CONSTRUCT THE PIONEER PARK IMPROVEMENTS, PROJECT NO. 2009-09, AND APPROPRIATION OF FUNDS IF APPLICABLE. 25. APPROVAL OF AWARD OF CONTRACT TO DATELAND CONSTRUCTION TO CONSTRUCT. THE DRAINAGE IMPROVEMENTS (NORTHEAST CORNER OF SIMON DRIVE AND WASHINGTON STREET), PROJECT NO. 2009-15. Council Member Henderson commented on the savings received from recent bids on various projects. MOTION - It was moved by Council Members Sniff/Evans to approve the Consent Calendar as recommended and with Item Nos. 6 and 20 being approved by RESOLUTION NOS. 2010-053 and 2010-054 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW THE 1ST QUARTER GRANT REQUESTS. There were no changes to the staff report as submitted and on file in the City Clerk Department. MOTION - It was moved by Council Members Evans/Henderson to approve formation of an Ad Hoc committee and appoint Council Member Franklin and Mayor Adolph to serve on the committee. Motion carried by a vote of 4-1, Council Member Sniff dissenting. City Council Minutes 7 August 3, 2010 2. CONSIDERATION OF INVESTMENT ADVISORY BOARD 2010-2011 WORK PLAN. Finance Director Falconer presented the staff report. Council Member Henderson asked if the current or past Investment Advisory Board have had any discussions regarding LAIF. Finance Director Falconer stated the LAIF report is presented to the Board Members, but there aren't any additional work plans regarding LAIF. Council Member Evans addressed the percentage caps of LAIF and stated it would be nice to have consistency with the State. Finance Director Falconer stated at the June meeting two outgoing members discussed that same issue. Mayor Adolph confirmed the Board has had one meeting since the appointment of the new members and questioned how the meeting transpired. Finarice Director Falconer stated it was a very good meeting with the two new Board Members. MOTION - It was moved by Council Members Sniff/Henderson to approve the Investment Advisory Board 2010-2011 Work Plan. Motion carried unanimously. 3. CONSIDERATION OF APPOINTMENT OF VOTING DELEGATE AND ALTERNATE TO THE 2010 LEAGUE OF CALIFORNIA CITIES CONFERENCE. There were no changes to the staff report as submitted and on file in the City Clerk Department. Mayor Adolph suggested Council Member Henderson be appointed as the voting delegate due to her involvement with the National League of Cities and he volunteered to serve as the alternate. MOTION - It was moved by Council Members Sniff/Franklin to appoint Council Member Henderson to serve as the Voting Delegate and Mayor Adolph to serve as Alternate. Motion carried unanimously. City Council Minutes 8 August 3, 2010 STUDY SESSION 1. DISCUSSION OF ALTERNATIVES FOR INTERIM LANDSCAPING OF PROJECT 2007-16, MILES AVENUE MEDIAN LANDSCAPE IMPROVEMENTS. Mayor Adolph asked if residents who have expressed concern of this item have been notified. Public Works Director Jonasson stated Mr. and Mrs. Magnus, and the principal of John Glenn Middle School are present at the meeting for this item. Public Works Director Jonasson presented the staff report. Council Member Henderson referred to Attachment 3 and asked if the stamped concrete area is narrower than the rest of the median on Simon Drive. Public Works Director stated it is slightly narrower. Council. Member Henderson asked what would be installed in the portion of the median where it narrows from the left turn pocket; and stated she prefers Option 2 (synthetic turf, DG & boulders) with some stamped concrete; also conveyed her concerns of installing improvements with Option 3 (City standard drought tolerant plant palate with 2'-3' diameter boulders and DG) without any assistance from the City of Indio. Council Member Evans asked what the project maintenance costs would be if low-profile planting and irrigation are included. Public Works Director Jonasson stated it would be approximately 51,500 per year. Council Member Evans asked if the proposal was based on the split of the maintenance of-the median with the City of Indio. Public Works Director confirmed that this would be the total cost for maintaining the landscaping under Alternative #3 which Indio has not volunteered to participate in. Council Member Franklin referred to the first paragraph in the background section of the staff report, and asked the status of the bond. Public Works Director Jonasson stated staff began. to pursue the bond a few years ago and the bond .company was not honoring the bond for some reason; and after consultation with the City Attorney, it behooved the city to not pursue the bond due to the legal costs. Council Member Franklin asked if the City is going to pursue the bond. City Manager stated it may not be cost effective to pursue the bond. Council Member Franklin conveyed her agreement with Council Member Henderson's comments which would make the area very attractive while conserving resources. City Council Minutes 9 August 3, 2010 Mayor Adolph stated this improvement is long overdue and asked if we are receiving bids below the estimate and if there are any savings from other bid projects. Public Works Director Jonasson explained there is savings with RDA Project Area 2 funds, but there are limited uses of the funds; and staff proposes to return with a funding recommendation based upon the option desired by the City Council. Mayor Adolph asked if the City would need to get the City of Indio's permission to make the improvements on their side. Public Works Director Jonasson stated staff has spoken with staff at the City of Indio and has confirmed they are willing to provide the encroachment permit at no cost. Council Member Evans concurred with Option 2 which include combinations of stamped concrete, desert ground, rocks and artificial turf. Mayor Adolph also concurred and further stated there is a need for height in the area beyond what is proposed and would like to see irrigation and trees be planted at a later time. Public Works Director Jonasson stated staff is proposing to install sleeves to enable access to irrigation at a later time. Council Member Sniff suggested the possibility of planting a few palm trees. Council Member Henderson noted adding to the landscape maintenance costs is the problem and not the planting or irrigation; and stated what was installed on Airport Boulevard is aesthetically pleasing. Mayor Adolph expressed concern about being able to add live plants and irrigation in the future. Jeff Magnus conveyed appreciation for the efforts from the City Council and staff in this matter; suggested the City Council reconsider the options of improvements; conveyed concern about the continuity of landscaping aesthetics in La Quinta; and stated the mix of desert gold lie, DG), boulders and artificial grass is an abomination and aloes-quality job. Dennis Lubas, 78515 Avenida Ultimo, agreed with Mr. Magnus' comments, and stated he moved here because of the improvements made to beautify the City; and added that a pleasing appearance will draw people to move here and generate tax dollars. City Council Minutes 10 August 3, 2010 Council Member Sniff requested staff come back with a slightly different plan to include stamped concrete, palm trees, varied sized boulders, and periodic spaces with vertical definition, and a limited amount of artificial turf; and stated the improvements should be acceptable and pleasing according to our high standards. Mayor Adolph stated the median on Avenue 54 with artificial turf, flowers, and trees is very pleasing. Council Member Evans stated the City Council is describing improvements similarly to what was proposed with the turf reduction project at the Civic Center. The City Council concurred to direct staff to include trees, flowering plants, and artificial turf to Alternate No. 3, with varied vertical elements. REPORTS AND INFORMATIONAL ITEMS League of California Cities -Council Member Henderson spoke about the number of cities concerned about the issue that has risen from the City of Bell, and the League has decided that they need to be leaders in addressing this issue. A draft of potential elements and wording to amend the Disclosure Act of 2010 has been proposed to the Legislature. Additionally, the Legislative Analyst Office has skewed the language proposed in the Proposition 22 ballot initiative which is tilted towards the impacts on the State resulting in the League filing a lawsuit against it. Council Member Henderson thanked Council Member Franklin for sharing the report of the Roy's Desert Resource Center. CVAG Homelessness Committee -Council Member Franklin stated Roy's Desert Resource Center is taking in a large number of people, including women, children and families. The County has purchased three vehicles to transport people to various areas of the Valley. IID Energy Consumers' Advisory Committee -Council Member Franklin reported a presentation was made regarding their public benefits programs (REAP and EEAP); also stated that IID has the lowest rates in Southern California. Jacqueline Cochran Regional Airport Authority -Council Member Franklin reported the Air Show will be held the first Saturday in November. City Council Minutes 11 August 3, 2010 Animal Campus Commission - Council Member Franklin reported they have reduced their number of employees from 45 to 19. C.V. Mountains Conservancy -Council Member Franklin reported the State has 526-529 million left from the Proposition 84 bond program which is to be spent on the potential acquisition of White Water Canyon, San Bernardino Mountains and the scenic corridor on Highway 74 areas, but the State hasn't given approval for appropriation. SunLine Transit Agency -Mayor Adolph stated Classic Yellow Cab will be closed down in September, leaving three franchised cab companies; and agreed the issue with a member of the Indian Wells City Council will no longer be addressed. CVAG Executive Committee -Mayor Adolph reported the Committee approved the road widening in Indian Wells for 512 million; also approved the termination of an 5800,000 agreement with the Riverside County and Desert Hot Springs for the Multi-Species Habitat Plan. CVAG Executive Director Kirk gave a presentation on the cash flow status for the organization; and also stated the Committee approved funding for the Adams Street Bridge project. All other reports were noted and filed. DEPARTMENT REPORTS Council Member Evans commended the Planning Director's report on the General Plan and Vision. Council Member Sniff conveyed his concern about the direction of the General Plan; stated cities have a purpose and are living entities which are frequently changing; there is a need to have the beginning growth pattern, and should look back in history, as well as forward into the future; also adaptability is equally important as sustainability due to the constant change; there is an over emphasis on the carbon footprint and if it goes forward as outlined in the report, many people will not be able to afford the cost of utilities; expressed his concern of an effort to overly control and direct; there is a need to be a little bit skeptical and careful of directions made on behalf of the "best interest of all"; and must beware of excessive environmentalism because it can take away some of your freedoms, and once they are gone, they are gone forever. City Council Minutes 12 August 3, 2010 MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph stated he attended the graduation of the Pubfic Works intern program, and thanked staff for providing this program as the students enjoyed it. Mayor Adolph stated Council Members Evans and Henderson attended the graduation of the 2010 Cadet Academy .Class, and accepted a plaque of appreciation on behalf of the City. Council Member Evans suggested a letter of appreciation be written to the two Deputies retiring from the Cadet Academy program for their efforts and involvement. Mayor Adolph stated he saw a TV program about the wheelchair stolen from Celeste Castillon and contacted Mr. Castillon to asked if the City can assist in any way; Mr. Castillon stated he has not received the police report; therefore Chief Gregory assisted Mr. Castillon to obtain a copy of the police report and notified the police force to be on the, look-out for the wheelchair. Council Member Franklin announced she would recuse herself from attending the public hearing because of a potential conflict of interest due to the proximity of her residence to the project. The City Council recessed to the Redevelopment Agency meeting. The City Council reconvened and recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None City Council Minutes 13 August 3, 2010 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING A TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2006- 852 TO CONSTRUCT 264 ONE-AND-TWO-STORY RESIDENTIAL CONDOMINIUMS AND TOWNHOMES UP TO 29 1/2 FEET IN HEIGHT WITH TWO COMMON AREA POOLS, AND GENERALLY BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND ON THE SOUTH AND WEST BY PGA WEST BOULEVARD. APPLICANT: CROWNE POINTE PARTNERS, LLC. Mayor Adolph recused himself from participating on this item due to a conflict of interest due to the proximity of his residence to this project; and turned the gavel over to Senior Council Member Sniff. Principal Planner Nesbit presented the staff report. Council Member Henderson remembers a discussion condition regarding the remediation of PGA Boulevard and asked how the condition was changed. Principal Planner Nesbit explained a condition has been added with this extension that would require the applicant to provide an executed agreement with PGA West Masters Association. Council Member Henderson clarified that the agreement currently in force does not have a condition of remediation for PGA Boulevard. Principal Planner Nesbit confirmed; and explained the written agreement as required by the added condition is more specific in the requirements than what would be included in the normal remediation process. Wayne Rembold, Manager, Crowne Pointe Partners, 1022 Southwest Salmon, Ste. 450, Portland, Oregon, stated he has met with staff and is in' full support of the recommendation. Council Member Sniff declared the PUBLIC HEARING OPEN at 7:12 p.m. There being no requests to speak, Council Member Sniff declared the PUBLIC HEARING CLOSED at 7:13 p.m. Council Member Evans stated some of the feedback received from the residents referenced a wall and requested background information from staff. Planning Director Johnson explained there is a condition of approval which requires a perimeter wall and stated there may be a misunderstanding as that perimeter wall must be established in conjunction with the development of Phase I. City Council Minutes 14 August 3, 2010 Council Member Henderson stated that based on the communications received from the residents, this is an opportunity to address some of their concerns; also mentioned that in today's environment many developers are struggling, but it does not mean they should neglect the surrounding communities; and asked if the developer has any input about the issues and concerns of the residents. Mr. Rembold stated they have been successful in organizing new capital and plan to be underway with the project; they have tried to mitigate the issues; for instance, the fence has been repaired a number of times. The Bougainvillea has grown back and become a green fence. He will make sure the blowing sand will be stabilized, and hopes to proceed with the project. Council Member Henderson asked what is the optimistic outlook for the project. Mr. Rembold stated he would be in for permits in the next four months and the vertical elements to follow thereafter. Council Member Henderson requested information on any legal challenges to continuing this matter. City Attorney Jenson stated there is no legal mandate to hold the public hearing with residents; explained the City Council is able to continue this matter. Council Member Henderson asked if the extension requested is for one year. Planning Director Johnson confirmed. Council Member Henderson asked if the City Council can approve an extension for six months. City Attorney Jenson stated the City Council can approve any time period of extension. Council Member Henderson understands there is a need to compromise in satisfying the residents concern to address this matter when more residents are here and the request fora legitimate extension; and asked if the . developer can meet with the Association to confirm the wall will be build in the Fall in a period of six months. Mr. Rembold explained the term expired in April and the one-year extension would only be until April 2011. He expressed concern with their new financing necessary for the project needing a decision on the time extension. Mr. Rembold also mentioned that he did meet with the Association today and believes they are satisfied with the efforts made to mitigate the improvements. Council Member Henderson asked if there are any reasons this matter might be presented to the City Council later than April 2011. Planning Director Johnson stated there were many reasons this matter was delayed in bringing City Council Minutes 15 August 3, 2010 forth to the City Council and explained if a second extension would be requested next year, it would be presented in a more timely manner. Council Member Evans asked if some of the concern was the current state of the fence; and requested the extension include an expectation that the current state of the fence would be improved as a good-faith effort; and communicating that it is important to the developer as well as the residents. Council Member Henderson would recommend a representative of the property ownership inspect the property monthly. Mr. Rembold stated he is in town at least once a month. City Attorney Jenson explained the City Council may impose an additional condition of approval requiring they properly maintain the existing temporary fence. Council Member Henderson would like that condition be made as part of the motion and the appropriate language be fashioned by the City Attorney. Council Member Evans supports a 90-day continuance to enable the developer address the temporary fence issue, meet with the residents, and allow the project to continue to move forward. Council Member Henderson believes the developer has similar concerns but the lenders need assurances. Council Member Sniff stated if the developer can produce the desired results in four months, staff can bring this item back the first meeting in January 2011. Council Member Henderson suggested this item be brought back the second meeting in January 201 1 instead of the first meeting. In response to Council Member Evans, Council Member Sniff clarified he suggests a continuance to the second meeting in January 201 1. City Attorney Jenson stated the City Council can add the additional condition and then approve this item up to the specific Council meeting date. Planning Director Johnson explained if this matter is granted an extension to January 2011, it will most likely come back for another extension request as there will not be sufficient time provided for the applicant to obtain a building permit. Council Member Sniff declared the PUBLIC HEARING REOPENED at 7:33 p.m. City Council Minutes 16 August 3, 2010 James Cox, 55914 Wayburn, stated residents of PGA West have looked at this piece of property in the same state since 1986. He does not want to see a continuance approved. Would like to see more than dirt on the property and a continuance will not help with their funding. Would like to see the extension granted and if the developer does not comply with the conditions of approval, he will notify the City Council personally. Council Member declared the PUBLIC HEARING CLOSED at 7:34 p.m. RESOLUTION NO. 2010-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA O.UINTA, CALIFORNIA, GRANTING A ONE-YEAR EXTENSION OF TIME TO ALLOW DEVELOPMENT OF A 264-UNIT RESIDENTIAL CONDOMINIUM PROJECT FOR PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD (SITE DEVELOPMENT PERMIT 2006-852 - CROWNE POINTE PARTNERS, LLCJ. It was moved by Council Members Henderson/Evans to adopt Resolution No. 2010-055 as amended (adding language requiring the temporary construction fence to be repaired and/or replaced to eliminate all unsightly conditions and requiring the site to be maintained to avoid dust blowing. off the site and these conditions to take effect immediately). Motion carried by a vote of 3-0-2, Council Member Franklin and Mayor Adolph absent. ADJOURNMENT There being no further business, it was moved by Council Members Evans/Henderson to adjourn. Motion carried unanimously. Respect Ily submitted, VERONICA J ONTECINO, City Clerk City of La Quinta, California