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2011 07 19 CC MinutesLA QUINTA CITY COUNCIL MINUTES JULY 19, 2011 A regular meeting of the La Quinta City Council was called to order at the hour of 3:30 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Mayor Adolph ABSENT: Council Member Sniff MOTION — It was moved by Council Members Franklin /Evans to excuse the absence of Council member Sniff. Motion carried by a vote of 4 -0. Mayor Adolph led the audience in the Pledge of Allegiance. CLOSED SESSION — None PUBLIC COMMENT Leo Knasiak 78515 Avenida Ultimo, thanked the Mayor, City Manager and City Attorney for their help in getting the La Quinta Resort to put up acceptable gates and to finish the landscaping on Avenida Ultimo; stated Imperial Irrigation District (1113) has also been very cooperative in upgrading their property on Avenida Ultimo; and noted that time and determination does get things done. Mr. Knasiak also conveyed his concern with public nuisance declaration 11.72.030 and submitted copies of a hand -out containing his May 17,201 1 request to the City to clean up nine lots within his subdivision with photos; stated that the lots were cleaned up about a year ago but it needs to be done on a quarterly basis; doesn't think tax abatements are effective because the cleanup costs charged by the City are too low to be a deterrent; requested the lots be cleaned up more often and citations be issued rather than abatements on tax rolls. Council Member Henderson suggested that City staff look into this issue and report back to Mr. Knasiak and Council. She noted that for some vacant lots Air Quality Management District (AQMD) standards regarding PM 10 issues apply, which would overrule City authority. Mayor Adolph stated that he will view the lots in question and agreed that City staff should study the issues involved and report back. Mr. Knasiak agreed but asked that staff's response include a clarification of the law and policy on weeds, e.g., is fire hazard the criteria for City action. City Council Minutes 2 July 19, 2011 CONFIRMATION OF AGENDA City Manager Genovese stated that staff has provided the City Council with two additional reports: 1) A revised Demand Register which amends payments related to the recent State action; and 2) A memo regarding the public hearing item on the agenda and explained details will be presented when the item is heard. ANNOUNCEMENTS — None PRESENTATIONS — None WRITTEN COMMUNICATIONS — None APPROVAL OF MINUTES MOTION - It was moved by Council Members Franklin /Evans to approve the City Council Minutes of July 5, 2011, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 19, 2011 2. RECEIVE AND FILE TREASURER'S REPORT DATED MAY 31, 2011 3. RECEIVED AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2011 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2011 4. APPROVAL TO EXCUSE COMMISSIONER MARK WEBER'S ABSENCE FROM THE JULY 12, 2011 PLANNING COMMISSION MEETING 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE CALIFORNIA EMERGENCY SERVICES ASSOCIATION 2011 ANNUAL CONFERENCE IN SAN DIEGO, CALIFORNIA OCTOBER 3 - 6, 2011 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE INTERNATIONAL ASSOCIATION OF EMERGENCY MANAGERS ANNUAL CONFERENCE AND EMERGENCY MANAGEMENT EXPOSITION IN LAS VEGAS, NEVADA NOVEMBER 11 — 17, 2011 City Council Minutes 3 July 19, 2011 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER, SENIOR CODE COMPLIANCE OFFICER, AND TWO CODE OFFICERS TO ATTEND THE 2011 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS ANNUAL TRAINING IN PACIFIC GROVE, CALIFORNIA SEPTEMBER 6 - 9, 2011 8. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 488 AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE, TO ADD SECTION 11.44.100 — DOG PARK RULES AND REGULATIONS 9. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 489 AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO (1) CLARIFY THE LOCATION OF CERTAIN LANDSCAPED PARKWAYS §9.50.100, (2) CORRECT AN ERROR REGARDING GUEST HOUSES AND SECONDARY UNITS §9.140.070, (3) ADJUST THE TIME EXTENSION PERIOD FOR DEVELOPMENT REVIEW PERMITS §9.200.080, (4) DELETE OBSOLETE LANGUAGE REFERENCING GUESTHOUSE EXAMPLES §9.210.020, AND (5) REVISE DEFINITIONS OF CHILD DAY CARE USES TO BE CONSISTENT WITH STATE LAW §9.280.030 10. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 490 AMENDING TITLE 13 OF THE LA QUINTA MUNICIPAL CODE TO ALLOW A MAXIMUM CUL -DE -SAC LENGTH OF 1320 FEET 11. AUTHORIZATION OF THE CITY MANAGER TO APPROVE A GRANT OF EASEMENT TO IMPERIAL IRRIGATION DISTRICT FOR AN EASEMENT FOR ELECTRICAL FACILITIES ALONG AVENUE 52 IN PARCEL 18 OF PARCEL MAP NO. 33367 12. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION 13. ACCEPTANCE OF MILES AVENUE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2010 -13 14. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE FISCAL YEAR 2010/2011 SLURRY SEAL PROGRAM, PROJECT NO. 2010 -15 15. ACCEPTANCE OF TURF REDUCTION GREEN PROJECTS, PROJECT NO. 2009 -18 MOTION — It was moved by Council Members Franklin /Evans to approve the Consent Calendar as amended. Motion carried unanimously. City Council Minutes 4 July 19, 2011 BUSINESS SESSION 1. CONSIDERATION OF MAKING A REQUEST TO THE CITY OF INDIO TO COMPLETE THE NECESSARY STUDIES TO COMPLY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REGARDING FUTURE GOLDENVOICE CONCERTS AT THE INDIO POLO FIELDS Planning Director Johnson presented the staff report. Council Member Franklin asked the City Attorney if the City of Indio has completed an Environmental Impact Report (EIR). City Attorney Jenson replied no. Council Member Franklin stated the City of Indio is requesting the City of La Quinta to perform mitigations without having done an EIR themselves; and asked what the basis is for the City of Indio to hold the event with no EIR pertaining to noise and traffic impacts. Planning Director Johnson explained the City of Indio has noise standards similar to La Quinta with an exception for special events identified in their municipal code which will be addressed through the issuance of a special events permit; and cities work with each other regarding traffic issues to minimize the impact of special events to the community. Mayor Adolph stated Davis Sezna, La Quinta Hotel & Resort, expressed his concern with the direction the City was going regarding the concerts. Mayor Adolph explained that the City Council's concern was only with the impacts on City residents, and that the problems can be resolved. Rick Bryson, 80 -265 Via Capri, stated he and his family enjoys the concerts and the energy it creates, and does not want to see it jeopardized; and believes the effects on residents impacted by the event can be mitigated between the cities and Goldenvoice. Dirk Alton, 80 -633 Via Savona, stated the event brings business to his tavern, and if it was not for the concerts he does not think he would be in business all year long. Gary Sims, 49 -499 Eisenhower Drive, Managing Director of La Quinta Resort and PGA West, conveyed his support of Goldenvoice concerts; stated it is a huge part of his business and without the event, hotel occupancy would be reduced from 80% to 40 %, and are also good business partners with the event promoter; and stated personally the impacts are a small price to pay for the benefit of the event to the community. City Council Minutes 5 July 19, 2011 Alex Haagen, 81 -800 Avenue 51, Indio, owner of the Empire Polo Club, stated the Club conducts events all year round which has worked out to be a great partnership with the City of La Quinta and local businesses; explained the Club has purchased property at the corner of Madison Avenue and Avenue 50 which will be improved to allow schools to use it for soccer; and encouraged Goldenvoice to do more events such as blues and folk festivals. Council Member Henderson stated that there are problems with noise and traffic; asked if the polo grounds are successful with additional events, have they come up with solutions as part of the discussions with the cities and Goldenvoice. Mr. Haagen stated the polo grounds have had discussions with the City of Indio and welcomed the City of La Quinta, suggesting discussions be conducted with the Coachella Valley Association of Governments (CVAG) to widening roads; and stated future events are not expected to be as large as the concerts. Council Member Henderson stated she understood the parking at the Tennis Gardens was helpful during the concert, and asked why they are purchasing property and installing irrigation instead of using it for parking. Mr. Haagen explained the purchased vacant lots will be used for event parking. Council Member Henderson asked for the number of parking sites that have been added by these vacant lots. Mr. Haagen stated he did not know how many additional parking spaces would be provided but Indio police and Goldenvoice are working on the logistics. David Yrigoyen, 81 -874 Rancho Santana Drive, stated the issue is the quality of life suffered by surrounding residents from the event and it became an issue when the second event was added; suggested asking the City of Indio to do an EIR or a Memorandum of Understanding (MOU) at a minimum; stated Avenue 52 is not a regional arterial that CVAG would address for improvement. Mayor Adolph explained that cities can request funds from CVAG for local streets although at this point in time it may be difficult to obtain funding. Council Member Henderson explained the process for obtaining funding from CVAG. Paul Tollett, Laguna Beach, President of Goldenvoice, stated the first concert held at the polo grounds was in 1993 and in 2007 started the Stagecoach event, and both festivals have won awards; there have been growing pains but definitely have a few issues to resolve for next year's event; willing to step up financially to help mitigate issues and meet with the residents; and willing to begin the sound checks later. City Council Minutes 6 July 19, 2011 Council Member Evans asked what other efforts are being made to notify homeowners as a two -day notification in the newspaper is not enough advanced notice; and asked if there are any mass communication proposed for the residents. Mr. Tollett stated after hearing about the problems from this last event, there needs to be a new plan to include all those affected in the communication loop. Council Member Henderson suggested Mr. Tollett obtain the names and addresses of the residents who have attended City Council meetings and contact them directly. Council Member Evans stated this is an example and opportunity where La Quinta has been requesting involvement to assist to notify the residents through the website or Chamber of Commerce and send the message that the City is taking action to mitigate some of the issues; stated many residents spoke at the last meeting regarding traffic impacts but did not necessarily want the events cancelled; and the City wants to work with the promoter and have the information shared with everyone involved. Mr. Tollett stated he believes traffic was improved from 4,000 to 16,000 utilizing shuttle service along with an extra traffic lane on Avenue 50; believes there is still an issue on Avenue 52 and is open to receive opinions to improve access along Avenue 52. Council Member Henderson suggested the dates of the community meetings be provided to the City for post'.ng on the City's website to notify the residents. City Manager Genovese stated there was a joint marketing effort . with something to that effect during the last event. Mr. Tollett stated Goldenvoice can be contacted at any time and willing to talk about the issues. Council Member Henderson asked if the music scheduled for the late evening is going over schedule into the early morning hours. Mr. Tollett stated he has scheduled the concerts and obviously they have not proceeded correctly, and plans on including time buffers to accommodate shows running late and successfully end at the correct time. Council Member Franklin asked how many tickets will be sold for the Coachella Fest. Mr. Tollett stated there were 75,000 people per day for Coachella Fest and 55,000 per day for Stagecoach. Council Member Franklin asked if two concerts were scheduled for next year. Mr. Tollett confirmed two weekends of Coachella Fest concerts are scheduled with the same amount anticipated for each weekend, totaling 150,000 for both weekends. Council Member Franklin asked how much the tickets are. Mr. Tollett stated the tickets are on sale for $269. Council Member Franklin City Council Minutes 7 July 19, 2011 asked if tickets have already been sold for the 2012 event without any permits. Mr. Tollett confirmed and explained it is typical to sell tickets prior to obtaining the required permits. Council Member Franklin asked what the gross income from last year's event was. Mr. Tollett stated approximately $22 million. Council Member Franklin asked what the rental amount for the polo grounds were from Mr. Haagen. Mr. Tollett stated he is unable to disclose that information as the agreement is private. Council Member Franklin asked what happens if the required permits have not been obtained by the concert date for 2012. Mr. Tollett explained the event would be moved to another site and refunds given to those who request it. Mayor Adolph stated there are three issues to address: traffic, noise and security; and it is the City's desire work with Goldenvoice to mitigate the problems for the residents. Council Member Franklin stated PM10 issues need to be added to the list for mitigation. Council Member Evans asked what would happen if they had to move and what the circumstances were. Mr. Tollett stated an event scheduled for Los Angeles City Hall was moved to another site; and explained that they prefer that it not happen, but are prepared to move the event if necessary. Dan Martinez, City Manager, City of Indio, stated Goldenvoice has been a great partner with the City of Indio and each year's issues have been resolved with there are fewer and fewer issues coming up with each event; he has met with City Manager Genovese, Planning Director Johnson and come up with a plan; will be going to area communities to address issues that impact the small communities and attempt to resolve one at a time; and stated the City of Indio has committed to work with the City of La Quinta along with Goldenvoice and the impacted communities to address the issues first -hand throughout the year. Council Member Evans asked what the status is with the concert agreement. Indio City Manager Martinez explained the agreement is still in process and once the issues have been mitigated, the agreement will be presented to the Indio City Council for consideration. Council Member Evans asked what the role of the City of Indio is regarding the meeting scheduled for Thursday evening. Indio City Manager Martinez stated the meeting is not a City event but staff plans to attend and hopes City of La Quinta staff will also attend. Council Member Evans asked if there is a timeline for mitigating the issues. City Council Minutes 8 . July 19, 2011 City Manager Martinez stated there is no timeline set but the effort to address the issues begins now; cannot speak on behalf of Goldenvoice but the City of Indio will be at the meetings to hear and, if possible, address the issues that come up. Mayor Adolph asked where and when the meeting will be held. Indio City Manager Martinez stated the meeting will be held at the La Quinta Hotel & Resort on Thursday, July 21, beginning at 4:00 p.m. Council Member Henderson stated she hopes the City of Indio will utilize the compiled list of emails and addresses received from residents regarding these issues; and asked if potential solutions will be written into the agreement -with Goldenvoice. Indio City Manager Martinez stated potential solutions will be codified into the agreement and other items will be incorporated into the plan. Council Member Franklin requested the City of Indio provide notification to the City of La Quinta when this issue is presented to the Indio City Council. Council Member Henderson asked what the plan is to address the health and safety issues in preparation of the events. Indio Police Chief Brad Ramos explained the planning is conducted all year in conjunction with the CalFire, security personnel, law enforcement, and medical personnel; staff is based on the estimated number based on both paid tickets and event staff; and explained a formula provided by CalFire is utilized. Council Member Franklin stated she believes the City is going in the right direction; conveyed her concern with not having deadlines in place for mitigating the iss.ue; stated it is important that everyone recognize La Quinta citizens are impacted; stated she is distressed about the second Coachella Fest concert, and is not in favor of it; it is good everyone is now talking about it, but doesn't want it to dwindle away. Council Member Evans thanked the citizens. who have come forward and expressed their concerns as it has caused this dialog; expressed her desire for City of La Quinta staff to follow the progress and report back to the City Council in 30, 60, 90 days; and conveyed her support of the continued effort of working together. Council Member Henderson stated it is important to observe conversations where governmental agencies are battling each other today; we have had an important conversation today and has observed a willingness of the promoter City Council Minutes 9 July 19, 2011 to seriously mitigate the issues; does not have the sense that there will not be any progress and is comfortable waiting for a report back in the 90 -day period; the more time there is to implement the solutions, the better off we will be; and conveyed her support for La Quinta and Indio City staff working together and report back to the City Council. City Manager Genovese stated staff will report back to the Council at the September 20, 2011 meeting and provide updates every 30 days by memorandum, and will be assertive to ensure the residents' needs are met. Mayor Adolph thanked staff for their efforts; conveyed his agreement with the comments made; stated he is not in a position to request that the City of Indio complete an EIR, as it is not proper; stated he is willing to give them an opportunity to resolve the problems; and stated the City can always pursue other solutions later on if necessary. MOTION - It was moved by Council Members Evans /Henderson to direct the City of, La Quinta staff to meet with the City of Indio staff and the representatives of Goldenvoice, LLC to address the impacts of the concerts at the Indio Polo Fields on La Quinta residents and to report back to the City Council regarding the outcome of the efforts. Motion carried unanimously. 2. . CONSIDERATION OF AN ORDINANCE ELECTING TO COMPLY WITH PART 1.9 OF ABX1 27, THE REDEVELOPMENT CONTINUATION ACT Economic Development /Housing Manager Powell, City Attorney Jenson, and Redevelopment Consultant Spevacek presented the staff report. City Attorney Jenson explained the details of ABX1 26 and 27 and the ramifications of each, and the risks and alternatives available to the City. Council Member Henderson stated there are many redevelopment agencies in the State that have substantial amount of funds because they haven't utilized their housing funding. City Manager Genovese stated the legislation is used to encourage those to opt -in as they would have to utilize housing funds to make the payment for the first year. City Attorney Jenson stated unlike previous payments, there is no obligation for repayment or to replenish that fund under the current legislation, but it may be required in the future. Council Member Franklin asked what the worst case scenario is if cities do not opt -in. City Attorney Jenson stated that all agencies that have the capability to make the first payment will opt -in. City Council Minutes 10 July 19, 2011 Mayor Adolph asked if the Supreme Court rules in favor of the cities can they back out of this or is this a commitment we have to live with. City Attorney Jenson stated she believes the City will be able to opt -out as the City has used the ordinance recommended by the League of California Cities to protect the Agency and the City; and if the State is successful with this legislation, the City might have to make the payments. Council Member Evans asked if the Redevelopment Agency is dissolved, would anything the Agency has done as of January 1, 2011 be at risk; and there are pieces of La Quinta that will be controlled by another entity, and it is unknown if there are funds to maintain it, keep it, develop it, or enhance it. City Attorney Jenson confirmed and explained if the City got to that point, for example the City still 'maintains the land use authority; and explained the City could take steps to make it very unattractive for someone to buy that property. Council Member Evans asked if there is no vested interest to retain land by a successor agency, would it devalue and destroy anything that has been developed as an organized community. City Attorney Jenson explained the new property owner would be subject to the requirements established by the City in terms of maintaining the property, and it can get complicated with the SilverRock Resort property as there are limitations on the disposition of those properties; and suggested establishing agreements on the disposition of those properties through Disposition and Development Agreements. Council Member Evans asked if all the redevelopment agencies in the State were to opt -in the first payment totaling $1.7 billion and $400 million each succeeding year, is there a chance if all cities do not opt -in, will the State be looking for that total lump sum with the remaining cities. City Attorney Jenson stated currently the cities will not have to make the difference. Redevelopment Consultant Spevacek confirmed that is true under the current legislation, and explained there is another aspect, as of January, new legislation could come forward because of a shortfall; advising clients that the current legislation is good for a six -month window and when the new legislative session begins, then all bets could be off. Council Member Henderson asked why recommending six months, as it should be for 30 days. Council Member Evans asked if the City has the funds to make the payments and continue to retain our flexibility and creativity to make our City what it has become for the future. Finance Director Falconer explained staff has established a recommendation for this year's payment and is scheduled to be presented to the City Council at the August 2, 2011 meeting. Redevelopment Consultant Spevacek explained there is a complex formula City Council Minutes 11 July 19, 2011 for future payments which will primarily come out of Project Area No. 1 and non - housing revenues; it is projected the payment for Fiscal Year 2012/2013 will be $4.7 million and going forward in subsequent years, those payments vary dependent upon the assessed value growth in the project area as well as how much additional money the Agency would need to pay to the school districts to bring them up a basis where they are receiving 80% of the property tax revenue that is generated by the levy rate; going forward, if the City were to opt -in; the lifetime cost to the Agency using the 2% growth rate in assessed values is $145 million. Council Member Evans said the exciting news is that we have $145 million which is favorable compared to many other cities. Council Member Henderson asked which school district does all our money go. Redevelopment Consultant Spevacek explained the funds go to Desert Sands Unified School District because their territory covers all of Project Area No. 2 and 50% of the land area in Project Area No. 1, and the County Office of Education and community colleges will be hit with the rest; addressed the aspect of if the City does not opt -in, staff projects that the Redevelopment Agency has $59 million in cash and bond proceeds, and $49 million in land assets; if the Agency elected to go the dissolution route, those assets would be liquidated. Council Member Franklin asked if this matter will be presented to the City Council at the August 2, 2011 meeting. City Attorney Jenson confirmed and explained the ordinance will be presented for second reading, along with the funding agreement and the appropriation. Council Member Henderson stated this is outrageous, and unbelievable; swore that she would not support being forced to make payments to the State; and stated she will have to vote for it but is the most repugnant act she has ever taken; and can only hope that the City Council can celebrate winning the litigation before January 2012. It was moved by Council Members Evans /Henderson to take up Ordinance No. 491 by title and number only and waive further reading. Motion carried by a vote of 4 -0. City Council Minutes 12 July 19, 2011 ORDINANCE NO. 491 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24-OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE LA QUINTA REDEVELOPMENT AGENCY It was moved by Council Members Henderson /Franklin to introduce Ordinance No. 491 for first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSTAIN: None ABSENT: Council Member Sniff STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS National League of Cities - Council Member Henderson reported she attended a Board meeting in Charlotte, NC, where lunch was offered by a non - profit restaurant called King's Kitchen and proceeds were allocated to feed the homeless and other food kitchens, suggested this idea could be turned over to Roy's Resource Center for consideration; spoke with a representative from ESRI regarding GPS software for public works departments, and passed information to the Public Works Director. League of California Cities - Riverside Division - Council Member Henderson reported a position was 'taken on a bill that modified the formula used for the Vehicle License Fees and sending a letter to the Legislation. Chamber of Commerce Workshop /Information Exchange Committee - Mayor Adolph reported La Quinta staff gave a presentation on the City's projects, and the Chamber gave a presentation on its accomplishments. All other reports were noted and filed. DEPARTMENT REPORTS MAYOR AND COUNCIL MEMBERS' ITEMS - None City Council Minutes 13 July 19, 2011 The City Council recessed to the Redevelopment Agency meeting and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT — None PRESENTATIONS — None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING AN EXTENSION OF TIME AND AMENDED PLANS TO DEVELOP LA PALOMA, A 208 -UNIT SENIOR LIVING COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. APPLICANT: WSL LA QUINTA, LLA Planning Manager David Sawyer presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:05 p.m. Roger Green, 5796 Armada Drive, Carlsbad, Vice President of Development for West Living, stated West Living formed in 2009 to acquire and manage these types of senior communities; their goal is to own and operate 15 mixed senior communities with no entry fees; this project will be a rental facility with no entry fees; stated they are working closely with City staff, and explained the Planning Commission added a condition to remove or relocate the water feature at the entrance; requesting the City Council to amend that condition to allow them to make it more interactive rather than move it; are in agreement with staff recommendations and conditions of approval, except for Condition No. 116; and requesting support of the City Council for the land use proposed. Council Member Henderson asked why did the Planning Commission request the water feature either be removed or relocated. Planning Manager Sawyer explained the Planning Commission indicated their desire for the water feature to be interactive. Council Member Henderson asked if the office is east of the water feature. Mr. Green confirmed. Council Member Henderson asked if the pool will have a covering over it. Mr. Green confirmed. Mayor Adolph asked what the diameter of the water feature is. Mr. Green stated it is approximately 12 feet in diameter and 4 feet deep, Mayor Adolph City Council Minutes 14 . July 19, 2011 asked if there is any spray from the water feature. Mr. Green explained there is a bridge element with the water falling down to the pool. Council Member Evans asked why the skilled- nursing component was removed as there is a need for it in this end of the Valley. John Rimbach, President of West Living, stated the reason for removing the skilled nursing component is based on their analysis of excess bed capacity in the market place and seniors now desire to stay within their home. In response to Council Member Henderson, Mr. Rimbach explained they currently own and operate three other facilities; purchased those properties and this project will be their first build; solved the problem of the State requirements by changing the property as rentals as opposed to a Continuing Care Retirement Community (CCRC) property; there are lease agreements for a period of one year, and pass along increases annually, but are sensitive to the income restrictions of seniors; and further stated they are not proposing a subdivision map on this property for condominiums. Council Member Evans asked what the age restriction is. Mr. Rimbach stated the facility is for seniors 55 years of age and older. Council Member Henderson stated seniors usually want or need some certainty and asked if there is a meeting held with the residents. Mr. Rimbach stated there is a meeting held prior to the annual increase, and generally rents do not increase more than 4% per year. Kay Wolff, 77 -727 Calle Ensenada, conveyed her support for the development in La Quinta because it's good for folks housed there and good for La Quinta residents who must bring relatives closer to them; and there is a need for temporary care. Katie Barrows, 53298 Avenida Montezuma, as a Planning Commissioner explained the Planning Commission's reasoning for requesting that the water feature be moved was based on the location of being in the center of a circular drive where it would not make sense to have people walking around; and suggested staff be given the ability to determine a reasonable water feature. Council Member Henderson conveyed her appreciation of the Planning Commission's concerns and stated that she does not believe seniors would sit around and hang out at any water feature anywhere. Mayor Adolph stated water features must be in an area where it's enjoyed and visible, not put off to the side. City Council Minutes 15 July 19, 2011 Council Member Evans stated it may depend on the activity level of the residents and there could be some lingering time when loading and unloading at the circular drive. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:29 p.m. Planning Director Johnson clarified that the extension is to grant a two -year allowance because of the substantial changes made from the original entitlement. RESOLUTION NO. 2011 -061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2004 -071 AMENDMENT 1 FOR LA PALOMA, LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 It was moved by Council Members Henderson /Franklin to adopt Resolution No. 2011-061. Motion carried unanimously. Council Member Evans asked if the Conditions of Approval need to be amended regarding the water feature. Planning Director Johnson suggested the City Council authorize staff to work with the applicant regarding Condition of Approval No. 116, strike relocation and change to redesign; and incorporate changes /amendment to the Conditions of Approval noted in the memo handout. RESOLUTION NO. 2011 -062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2003 -762, TIME EXTENSION 4 AND AMENDMENT 1, INCLUDING ARCHITECTURAL, SITE, AND LANDSCAPING PLANS FOR LA PALOMA. APPLICANT: WSL LA QUINTA, LLC It was moved by Council Members Evans /Franklin to adopt Resolution No. 2011 -062, as amended. Motion carried unanimously. City Council Minutes 16 July 19, 2011 ADJOURNMENT There being no further business, it was moved by Council Members Evans /Henderson to adjourn. Motion carried unanimously. Z ;;ZAy G � City of La Quinta, Californi a