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2011 05 17 CC MinutesLA QUINTA CITY COUNCIL MINUTES MAY 17, 2011 A special meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER 2. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND THOMAS P. GENOVESE REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS The City 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. PUBLIC COMMENT - None City Council Minutes 2 MAY 17, 2011 CONFIRMATION OF AGENDA Council Member Franklin requested a separate vote be taken on Consent Calendar No. 5 as she and Mayor Adolph will be . abstaining from this item because of a conflict of interest due to their ownership of property. ANNOUNCEMENTS - None PRESENTATIONS 1. PALM SPRINGS AIRPORT COMMISSION REPORT BY NANCY DORIA Council Member Henderson commended Mrs. Doria for her service on the Commission. Council Member Evans also commended Mrs. Doris for her service, and stated the Top 10 Award also included the Palm Springs Airport as one of the most stress -free airports. Council Member Franklin thanked Mrs. Doria for her hard work for the City of La Quinta. Mayor Adolph presented a plaque to Nancy Doria for her service representing the City of La Quints on the Commission. M b M M M N N N M* N N M Mayor Adolph acknowledged the retirement of Assistant City Manager - Development Services Evans and recognized his long -time service with the City. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff /Henderson to approve the City Council Minutes of May 3, 2011, as submitted. Motion carried unanimously. City Council Minutes 3 MAY 17, 2011 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 17, 2011 2. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2011 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT FOR MARCH 31, 2011 4. APPROVAL OF FISCAL YEAR 2010 -2011 CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) RECYCLING GRANT 5. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 30096 -1, PUERTA AZUL, PUERTA AZUL PARTNERS, LLC 6. APPROVAL OF A CITY OF LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2011 -2012 7. ADOPTION OF A RESOLUTION TO REAFFIRM ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152 (RESOLUTION NO. 2011 -034) 8. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS &E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO ADVERTISE FOR BID THE NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT DUNE PALMS ROAD AND A STREET, PROJECT NO. 2009 -10 9. APPROVAL OF A LEASE AGREEMENT WITH THE FAMILY YMCA OF THE DESERT FOR USE OF THE CITY -OWNED FACILITY 10. ACCEPTANCE OF SPORTS COMPLEX REHABILITATION PROJECT NO. 2007 -19, APPROVAL OF CONTRACT CHANGE ORDER NO. 5, AND APPROPRIATION OF ADDITIONAL FUNDING 11. APPROVAL OF APPROPRIATION OF FIRE TAX CREDIT FUNDS FOR CLOSE- OUT OF FIRE STATION 32, PROJECT NO. 2008 -03 12. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM COACHELLA VALLEY SERVING PEOPLE IN NEED (RESOLUTION NO. 2011- 035) City Council Minutes 4 MAY 17, 2011 MOTION — It was moved by Council Members Sniff /Evans to approve the Consent. Calendar as recommended and with Item Nos. 7 and 12 being approved by RESOLUTION NOS. 2011 -034 and 2011 -035 respectively. Motion carried unanimously. Item No. 5 It was moved by Council Members Sniff /Evans to accept offsite improvements associated with Tract Map, No. 30096 -1, Puerta Azul, Puerta Azul Partners, LLC. Motion carried by a vote of 3 -0 -2, with Council Member Franklin and Mayor Adolph abstaining. BUSINESS SESSION 1. CONSIDERATION OF AN ART PURCHASE AGREEMENT FOR HISTORIC PLAQUES AT VARIOUS LOCATIONS IN THE CITY Community Services Director Hylton presented the staff report. Council Member Henderson asked if the City is in possession of the gates from The Desert Club and if they will be placed at the Fritz Burns Park pool. Community Services Director Hylton explained the gate is currently installed at the museum. Council Member Evans asked if there is any collaboration between the Historical Society and the Historic Preservation Commission. Community Services Director Hylton explained this item was presented to the Commission who supported the program. Mayor Adolph stated several restaurants in the community used to be ranches and asked if they will be included in the program. Linda Williams; La Quinta Historical Society President, explained that the proposed program is a start for recognizing historical sites in'the City and stated the Society is open to recommendations for inclusion of the program. Council Member.Franklin asked for a review of the plaque. design. Kathy Dunham, artist, explained the process of the artwork and typesetting of the plaques, which will preserve the architecture of the historical buildings and will fit well with the decor. Council Member Sniff conveyed his concern on the small size of the.plaques. Mrs. Dunham explained they will be 12 inches tall and 24 inches wide, with two tiles side -by -side. Council Member Sniff asked if they will be able to be City Council Minutes 5 MAY 17, 2011 read from the street. Mrs. Dunham stated the plaques are designed to be read at the building and not from the street. In response to Council Member Sniff, Mrs. Williams explained the Society was not able to include all historical sites on the list at this time as the process to receive written permission from each property owner would have hindered the process. Council Member Henderson stated this project is a long -time coming and a wonderful idea that is finally going to take place; and explained it will be program where other properties can be added in the future; and further explained the sites selected are high - profile sites and will be seen by the public. Council Member Sniff stated he does not disagree the plaques will be nice, and conveyed his concern of them being functional; and stated most sites listed were built in his lifetime. Mrs. Williams stated the plaques are larger than normal identification plaques. MOTION - It was moved by Council Members Franklin /Evans to approve an Art Purchase Agreement between the La Quinta Historical Society (LQHS), Kathy Dunham, and the City for historic plaques at various locations throughout the City in the amount of $5,830 and authorize the City Manager to .execute the Agreement. Motion carried unanimously. 2. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMERCE WORKSHOP /INFORMATION EXCHANGE COMMITTEE Assistant City Manager- Development Services Evans presented the staff report. MOTION — It was moved by Council Members Sniff /Franklin to approve the selection of Mayor Adolph to serve for three consecutive meetings of the Chamber of Commerce Workshop /Information Exchange Committee. Motion carried unanimously. STUDY SESSION - NONE City Council Minutes 6 MAY 17, 2011 REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Evans reported Travel Rally took place last Tuesday evening where one of the employees of the La Quinta Resort an award for outstanding service in Hospitality; Scott White, CEO, presented the Business Plan for next fiscal year, Judy Vossler was retained as Vice President of Administrative Services. N N N N N M N N N N N N N Council Member Franklin stated she and Mayor Adolph attended the Energy Summit hosted by the Imperial Irrigation District, and commended the Mayor for his presentation of the City's green and energy saving programs, Mayor Adolph conveyed his appreciation of the attendance of two City Planning Commissioners at the Energy Summit. N N N N N N N N N N N N N All other reports were noted and filed. DEPARTMENT REPORTS 1B. VISTA DUNES COURTYARD HOMES.CASE STUDY City Manager Genovese presented the staff report and introduced Consultant Jon McMillen, RSG. Consultant McMillen presented the case study of the Vista Dunes Courtyard Homes. Council Member Henderson asked if staff is sharing the information of the problem using ultra low flow faucets with tankless water heaters for other developments. Consultant McMillen confirmed. Council Member Henderson asked whom would citizens contact if they wish to tour the facility. Economic Development Project Manager Powell replied citizens could contact her directly for a tour. Council Member Franklin stated this project is very different than Wolff Waters; the cement floors bring a contemporary look to the facility; and commended him on the development. City Council Minutes 7 MAY 17, 2011 Mayor Adolph addressed the landscaping installed in the medians on Jefferson Street and commended staff; stated there are many lights out in the median; and asked if there are more landscape projects planned. Public Works Director Jonasson explained staff is reviewing and working on improving all the medians within the City. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph announced Jack Abels, former Planning Commissioner, passed away last week and a celebration of life will be planned later this fall. Mayor Adolph stated he attended the Farmers' Market the last two weekends and observed only a few businesses were open but no restaurants. Mayor Adolph referred to an article in the newspaper depicting La Quinta as the only city in the Valley that does not televise the meetings; stated there has not been a demand from the residents; conveyed his concern of the expense to televise; and requested the opinion of the City Council. Council Member Henderson stated two people have commented to her since the article was published and stated they had no desire to watch the meetings on television; and further stated she is open- minded to utilize technology in the future. Council Member Evans stated the expense was deemed inappropriate in the past; received comments that resident's feel they can contact the City Council directly or receive updates online. Council Member Franklin stated there are some cities in the Valley where transparency has not been a priority and making the meetings available by television to accommodate their citizens; stated the City of La Quinta has no problem with transparency and received comments that there are better ways to expend the funding. Council Member Sniff stated there has not been much demand for the City to televise its meetings, and if the public wants it the City Council will do it, but they must make it known to them. Council Member Evans stated there has been other topics where La Quinta has been stood alone from other cities in the Valley. City Council Minutes 8 MAY 17, 2011 Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and recessed to Closed Session and to until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT — None PRESENTATIONS — None PUBLIC HEARINGS 1. PUBLIC HEARING TO ADOPT A RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2011 -2012 FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1 Public Works Director Jonasson presented the staff report. Council Member Henderson stated there continues to be outstanding issues, considering that this is the third time this development has been presented to the City Council. The Mayor declared the PUBLIC HEARING OPEN at 7:08 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:08 p.m. RESOLUTION NO. 2011 -036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2011 -2012 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) It was moved by Council Members Sniff /Franklin to adopt Resolution No. 2011 -036 as submitted. Motion carried unanimously. City Council Minutes 9 MAY 17, 2011 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO APPROVE A ONE -YEAR TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 006 -852, FOR A 264 -UNIT CONDOINIUM PROJECT, COMPRISED OF UNITS OF UP TO 29.5 FEET IN HEIGHT, AND OTHER AMENITIES, GENERALLY BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD. APPLICANT: CROWNE POINTE PARTNERS, LLC Mayor Adolph and Council Member Franklin recused themselves from this item and left the meeting. Planning Director Johnson presented the staff report. Council Member Henderson referred to the minor revisions proposed by a memorandum distributed to the City Council and asked staff to explain any significant changes. Planning Director Johnson explained Condition #22, regarding an agreement of construction maintenance and the perimeter wall, is not tied into the conditions, and Condition #50 is not applicable to this project and has been removed. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:16 p.m. Dan Sturgill, 57645 Bally Bunion, stated he has been working with Mr. Rembold and has made headway with improving the temporary fencing and dust control; he is a member of a 5- member ad. hoc committee, and appreciates the improvement of the temporary fence and is hopeful the developer will improve the fencing in the future. Council Member Henderson asked if Mr. Sturgill is in opposition of the extension. Mr. Sturgill stated he is not in opposition as there have been some improvements made. Howard Culver, 55501 Southern Hills, referred to the agreement and the enforcement regarding dust control of the project; stated there has been no dust control for several years; stated Condition #23 has not been enforced and has no contact to report blowing dust and sand; and asked who is required to respond to address dust control. Public Works Director Jonasson explained all undeveloped sites are required to post a PM10 sign where contact information to the developer with a 24 hour phone line must be posted; and stated contact information to report the PM 10 control issues will be provided to Mr. Culver. City Council Minutes 10 MAY 17, 2011 Mr. Culver stated no one responds while the wind is blowing. Public Works Director Jonasson stated the requirement is the responsible party must secure the site within 30 minutes of receiving a call of complaint; and further staff can also respond within the 30 minute timeframe if there is no response. Steve Weiss, 57419 Colonial, stated he likes the project and would like to see it built; developer has worked well with the residents and has done a good job in responding to the ad hoc committee's concerns of the temporary fence and overgrowth of plants at the fence; conveyed concern that the developer has not performed in maintaining the property; and asked how can enforcement be made to assure residents the conditions will be fulfilled. Jim Murphy, 54580 Riviera, Vice President of the PGA Masters Association, stated the Board has reviewed the request for extension and met with staff; suggested Condition #16 regarding maintenance of the temporary green screen fence be enforced by the posting of a cash deposit with the Association, and the obligation continue until the construction of the perimeter wall is completed; Condition #15, requiring a copy of the Development Agreement be provided to the Association, has not been provided and suggested a copy of the agreement be provided upon submission of any permits for development of the project; Condition #16 regarding dust control has not been maintained and suggested a gate be installed at the Stadium Club parking lot; stated the conditions could be enforced by a development agreement between the PGA Master's Association and Crown Pointe; requested the City grant a three -month extension contingent upon completion of development agreement and upon fulfillment be given an extension as requested by the developer. Bruce Franklin, 81060 Kingston Heath, stated the project site has been maintained in a deplorable condition; pointed out the signs declaring bankruptcy on the project site implies the residential property is included; and suggested the City Council impose strong conditions and strict deadlines. David Peters, Crown Pointe attorney, stated the development agreement established is no different than any other development agreement; stated the permanent wall pre- disposes the project design; stated the establishment of Condition #15 last year was prudent but did not see that same condition in this list of conditions; have not met with the PGA Master's Association; there is a big issue to establish a development agreement between Crown Pointe and PGA West; the developer wishes the project to move forward; and is looking for the City Council's assistance for what should occur. City Council Minutes 11 MAY 17, 2011 Mayor Pro Tem Evans asked what type of agreement was reached between the parties. Mr. Weiss explained an agreement was established regarding the perimeter wall, and soil treatment. Mr. Peters stated they welcome the Associations input but the developers' interest is with the PGA Master property. Wayne Rembold (Applicant), 80859 Via Puerta Azul, stated a number of discussions have occurred with the issues presented by the residents; have gone through a long ordeal with the lender in order to begin development; looking for the final pieces to proceed vertical and will have it shortly; have worked hard behind the scenes regarding this property; upon approval of an extension last year, the developer was required to establish an agreement with the Association; stated the issues Mr. Peters and Mr. Murphy presented are sensitive to the developer as it affects property values; stated they cannot get a meeting with the Association to discuss these issues and establish an agreement; have worked with staff regarding issues requested from PGA West; with respect to the agreement with PGA West, have recently committed to stabilize the overflow parking area; committed to build the perimeter wall and is scheduled to begin in October 2011. Mayor Pro Tem Evans stated there were commitments for the fencing and PM10 issues last year, and asked what is the proposed timeline to address these issues if an extension is granted. Mr. Rembold stated the overflow parking lot will be stabilized in the next 30 days as well as the screen fencing; and the perimeter wall will begin construction in October 2011 and completed in March 2012. Mayor Pro Tem Evans asked why not begin the perimeter wall in July 2011 and asked staff if that would allow enough time to process permits. Planning Director Johnson explained there has been a preliminary plan submitted for review but is not ready for permit issuance at this time; and there is time to issue permits by October 2011. Mr. Rembold stated he would like to begin construction of the perimeter wall as soon as possible. Council Member Henderson stated in today's economy she leans toward the developer and the difficulties of maintaining the project property; stated she has viewed the temporary fence and finds it deplorable; conveyed concern of the lack of contact for PM10 issues; and asked why haven't maintenance has been done until the deadline for another extension. Mr. Rembold stated he currently has an effort underway and there was an understanding with PGA West to maintain the temporary fencing; whether or not the fence was in disrepair they have been concerned; stated there has City Council Minutes 12 MAY 17, 2011 been a hiatus due to the lack of funding and are now committed to maintain the property. Council Member Henderson stated she needs assurance from staff that something is in place for the residents regarding dust control; the other issues the developer has with the Master's Association is his problem, but the issue with the perimeter wall construction prior to development has some validity; unsure she can support a one -year extension. and suggested . a monthly report be provided by staff on the maintenance of the property; and further stated a 90 -day extension is too short and suggested the possibility of a 6 -month extension with monitor by staff. Mr. Rembold assured the City Council the perimeter wall construction will begin in October 2011 and staff can monitor it. Council Member Henderson stated the agreement between the applicant and PGA West is private; and suggested staff be involved physically onsite on a monthly basis regarding the temporary fencing and dust control of the overflow parking lot; further suggested all parties get together to review the conditions and cooperatively monitor the fulfillment of conditions. Mayor Pro Tem Evans suggested the documentation to receive the perimeter wall permit be submitted within a 60 day period of approving the time extension; conveyed her support of a cooperative margin process; and stated she would like strict monitoring of the enforcement of the conditions imposed. Council Member Henderson conveyed her concern of the suggested 90 -day or six month time extension; and asked if a one -year extension with a six month review of conditions can be imposed. City Attorney Jenson stated it would be better to approve a six -month extension because if it is subject to revocation, it would eventually be treated as a six -month extension. Mr. Rembold stated the lender would not agree to fund the project with a six -month time extension. City Attorney Jenson explained the City Council can add milestones to the conditions and be subject to a breach of the condition and revocation of a permit. Mayor Pro Tem Evans can make a recommendation for a time period of conditions. City Attorney Jenson explained the City Council can add provisions for revocation of the permit. City Council Minutes 13 MAY 17, 2011 Council Member Henderson asked if the revocation process is currently provided by the current conditions. City Attorney Jenson explained there are provisions in the Municipal Code for staff to present to the City Council. for revocation of the permit. Council Member Henderson conveyed her support for staff of meeting onsite to monitor enforcement of the conditions. Planning Director Johnson suggested every staff review adherence to the conditions every 60 days. Council Member Sniff stated the City is wasting a lot of time and it is time for the developer to fish or cut bait; and suggested a six -month extension with a two -month review, and with progress made; and conveyed his distain for unfulfilled promises made by the developer and has lost faith in the applicant. Council Member Henderson clarified the applicant stated the lender will not fund the project with a six -month extension. Mr. Rembold offered to write, a new agreement with the Master's Association for the road repair; thanked the City Council for their consideration and requested a one -year time extension. Monica Amboss, Counsel for the developer, stated she is newly engaged with Crown Pointe; explained there was a pending foreclosure and forbearance to occur while a new lender was obtained and all focus was on this issue instead of maintaining the property; and further stated the applicant has corresponded with the PGA Master's Association and working on establishing a development agreement with them. City Attorney Jenson explained the reference to a development agreement is not a requirement of the City and a separate matter; and stated the agreement with the City is regarding the maintenance and repair associated with the use of PGA Boulevard for the construction activities association with the Eden Rock project; and explained the proposed agreement distributed to the City Council from the applicant is if an agreement is not reached required by the City, provision would be established to provide for deposits of funds and monitoring of the roadway. Mayor . Pro Tem Evans stated the Fence Maintenance and Parking License Agreement distributed between The Club and Crown Pointe addresses the parking lot usage and existing landscape maintenance; and if a request is submitted for a permit is submitted for the perimeter wall, is there any additional written agreement required by the City prior to approving permits for the construction of the wall. City Council Minutes 14 MAY 17, 2011 Planning Director Johnson explained c if the conditions proposed by staff were approved there would not be anything preventing the wall from being constructed, but it would prevent any other construction until all issues have been addressed in an agreement depicted in Condition #22. Mr. Rembold stated he has spent hundreds of thousands of dollars for submitted grading plans and permit applications with the City. Mrs. Amboss stated if the time extension is too short there will be a problem with the lender for the project. Mr. Peters stated there is an overriding thought that all changes can be conducted without involvement of the PGA West who is the property owner; suggested he, the applicant, staff and the City Attorney discuss and clarify the issues, as not all parties are on the same page and the issued framed. Council Member Henderson asked why aren't the Master's Association and PGA West discussing these issues with each other. Mr. Peter stated all parties are speaking together; and the agreement submitted by the applicant has been drawn up in haste. There being no additional requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 8:25 p.m. Council Member Henderson stated she is generally.not afraid to step out and make a motion, and take a vote; asked the City Attorney if this issue has become muddled enough that it needs the opportunity to be unmuddled, and further asked if the City Council has enough information to move forward on the issues and make a decision. City Attorney Jenson stated this is a City issued permit and whether the Association and PGA West have issues is not a matter of the City; stated the City Council may continue this item if it is desired; and further stated sheds not confused with the agreement issue and reviewed options of the City Council to add conditions, time extensions or denial of the request. Mayor Pro Tern Evans asked if the City were to provide a one -year extension with conditions including within 30 days the fence repair and parking lot issues are addressed, within 60 days documentation to submit a permit for perimeter wall is provided, and by October 1, 2011 begin construction of the perimeter wall with a completion date, can we include a provision that if all mile - markers are not met the time extension is negated. City Council Minutes 15 MAY 17, 2011 City Attorney Jenson confirmed, and explained her concern of providing some due process rights for the applicant prior to cancelling the extension. Mayor Pro Tem Evans stated the issues are the temporary fence, maintenance of the parking lot, beginning construction of the perimeter wall, and the agreement with the Association; conveyed her understanding of the lender's concern of a time extension less than one year; and stated progress can be mandated and monitored as suggested by staff by all parties. Public Works Director Jonasson suggested the City Council include a Fugitive Dust Control Plan as part of the grading permit application be imposed as a condition to enable a notification sign for contact by the public to report dust control issues. City Manager Genovese suggested the City Council recess for ten minutes to allow staff to write -up the added conditions for Council's review and approval. Mayor Pro Tem Evans recessed the City Council meeting. TheCity Council meeting was reconvened by Mayor Pro Tem Evans. City Attorney Jenson reviewed the addition of four conditions: Condition #64, within 30 days of granting an extension, the applicant shall establish the perimeter boundary of the parking lot area and treat with soil stabilizers to the satisfaction of the Director of Public Works; Condition #65, within 30 days of granting an extension, the applicant shall submit the Fugitive Dust Control Plan and the required security (bonds), and within 30 days of approval, the Plan must be fully implemented. Mayor Pro Tem Evans asked what the timeframe for approving the Fugitive Dust Control Plan is. Public Works Director Jonasson explained the applicant has already submitted a plan and approval can be completed within a couple of weeks. City Attorney Jenson continued the review of the added conditions and explained Condition #65 causes the revision of Condition #14c by deleting the requirement of submitting the Fugitive Dust Control Plan with the grading permit. Condition #66, within 60 days of the issuance of the time extension, all documentation necessary for a permit to be issued for the construction of the perimeter wall must be provided to the City; and Condition #67, the failure to comply with Conditions #64, 65, or 66 shall cause the site development permit to become null and void. City Council Minutes 16 1 MAY 17, 2011 Council Member Henderson asked if the additional four conditions are inclusive of the amendments submitted by staff. Planning Director Johnson confirmed. Council Member Henderson asked if Condition #14c will be eliminated as it is included in Condition #65. Planning, Director Johnson confirmed. Evans still includes the perimeter wall will be completed by March 2012. Mayor Pro Tem Evans reopened the public hearing at 8:54 p.m. Mrs. Amboss, requested clarification if the perimeter wall is still included as drafted in the resolution included in the staff report for the second time extension request. City Attorney Jenson explained the language of Condition #22 has not change and still exempts the perimeter wall from the requirement for the maintenance agreement. Monica Amboss asked if there is a need to discuss the maintenance agreement with the City. City Attorney Jenson stated that does not affect the construction of the perimeter wall and understands the City Council is not interested in the alternative . agreement submitted as modification to Condition #22. Council Member Henderson stated the only other thing not completely clear is the ownership of the land the perimeter,wall must be constructed on and Mr. Rembold will need to discuss this issue'with the Association. There being no additional requests to speak, Mayor Pro Tem Evans closed the public hearing at 8:56 p.m. RESOLUTION NO. 2011 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING A SECOND, 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 It was moved by Council Members Henderson /Mayor Pro Tem Evans to adopt Resolution No. 2011-037, with additional Conditions of Approval Nos. 64, 65, 66, and 67, and amended conditions submitted by staff. Motion City Council Minutes 17 MAY 17, 2011 carried by a vote of 2 -1 -2, with Council Member Sniff dissenting, and Mayor Adolph and Council Member Franklin absent. ADJOURNMENT There being no further business, it was moved by Council Members Sniff /Henderson to adjourn. Motion carried unanimously. Re ully submitted, VERONICA J ONTECINO, City. Clerk City of La Quinta, California