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2012 10 16 CC MinutesLA QUINTA CITY COUNCIL MINUTES REGULAR MEETING TUESDAY, OCTOBER 16. 2012 A regular meeting of the La Quinta City Council was called to order at the hour of 4:02 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None Mayor Adolph led the audience in the Pledge of Allegiance. CLOSED SESSION - NONE PUBLIC COMMENT Public Speaker: Nina Albor, La Quinta - Requested City assistance with arranging for a suitable Sunline bus stop at the top of the cove in an area close to her home and where her wheelchair can safely get on and off the bus. Mayor Adolph said he will contact Sunline in the morning to resolve the issue. Public Speaker: Len Wahlert, La Quinta - Attended the South Coast Air Quality Management District meeting and provided a summary of his impressions regarding the allocation of $53 million. He said the $17.4 million allocated for a bike path has much better uses in the Valley and encouraged Council to consider how that money could be better spent to improve lives and bring jobs if they are asked,to weigh in on the matter. Public Speaker: Robert Cox, La Quinta - Coachella Valley Mosquito & Vector Control District (CVMVCD) representative appointed by the La Quinta City Council. Mr. Cox provided a briefing on the CVMVCD activities including a college reimbursement program for employees, awards received by its Finance department, and the work of District employees during difficult times. Regarding the West Nile virus, Mr. Cox said that there has been one positive human case contracted in the Valley and spraying is still underway with the focus being the Salton Sea area where retreating water has left large march areas. Mr. Cox indicated that he would be honored to serve again when his term is up in January. Public Speaker: Greg Peck, La Quinta - Representing VEAP (Veterans Easy Access Program) which is working to solve veteran problems such as transportation, clothing, food, shelter, accessing benefits, and finding jobs. Mr. Peck announced that a free Veteran's Expo will be held on October 27` The Expo will include 60 organizations that support veterans, and over 1,000 veterans are expected to attend. CITY COUNCIL MINUTES 1 OCTOBER 16, 2012 CONFIRMATION OF AGENDA Council Member Osborne requested that Consent Calendar Item No. 12 be pulled for discussion. Council Member Osborne announced that he will abstain from Consent Calendar Item No. 3 due to a conflict of interest based on the proximity of this project to his residence. Council Member Evans noted that she will comment on Consent Calendar Item 11. On behalf of the City, Mayor Adolph acknowledged the loss of three pillars of the community and offered condolences to the families of Steve Robbins, General Manager of the Coachella Valley Water District and former La Quinta Planning Commissioner; Bill Asher, producer, screen writer, and activist in the community, and; Andy Williams, singer and supporter of the La Quinta Boys and Girls Club. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES MOTION - A motion was made by Council Members Evans /Henderson to approve the minutes of October 2, 2012 as submitted. Motion passed unanimously. CONSENT CALENDAR 11 APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH DESERT CLASSIC CHARITIES 2. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 501 AMENDING PORTIONS OF CHAPTER 3.24 'TRANSIENT OCCUPANCY. TAX;" AND ADDING CHAPTER 3.25 "SHORT -TERM VACATION RENTALS" TO TITLE 3 "REVENUE AND FINANCE" OF THE LA QUINTA MUNICIPAL CODE 3. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE FRED WARING DRIVE MEDIAN ISLAND. LANDSCAPE IMPROVEMENTS, PROJECT NO. 2011-04 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 33076 -2, MADISON CLUB, EAST OF MADISON, LLC [Resolution 2012 -0551 CITY COUNCIL MINUTES 2 OCTOBER 16, 2012 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP NO. 34968, MADISON CLUB VILLAS, EAST OF MADISON, LLC [Resolution 2012 -0561 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP NO. 34969, MADISON CLUB CLUBHOUSE, EAST OF MADISON, LLC [Resolution 2012 -0571 7. APPROVAL OF DEMAND REGISTER DATED OCTOBER 16, 2012 8. APPROVAL OF REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS FEBRUARY 27, JUNE 26 AND OCTOBER 23, 2013, 8:00 A.M. TO 5:30 P.M. 9. RECEIVE AND FILE TREASURER'S REPORT DATED AUGUST 31, 2012 10. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED AUGUST 31, 2012 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30,.2012 11. APPROVAL OF AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITIES OF LA QUINTA AND INDIO FOR THE DESIGN AND CONSTRUCTION OF THE COACHELLA CANAL AT MADISON STREET AND AVENUE 50, PROJECT NO. 2009 -02 12. Pulled and moved to Business Session for discussion > > > APPROVAL OF CONTRACT AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TY LIN INTERNATIONAL FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE ADAMS STREET BRIDGE, PROJECT NO. 2006 -06 Comments on Item No. 11: Council Member Evans stated that she is supporting Item No. 11 because there is a contingency included that states the city will not move forward until such time as funding is in hand. Council Member Franklin expressed concern that the City of Indio has not yet committed to the improvements within its jurisdiction. MOTION - A motion was made by Council Members Henderson /Evans to approve Consent Calendar Item Nos. 1 -2 and 4-11 as recommended with Item Nos. 4, 5, 6 adopting Resolutions 2012 -055 through 2012 -057 as noted above. Motion passed unanimously. CITY COUNCIL MINUTES 3 OCTOBER 16, 2012 MOTION - A motion was made by Council Members Evans /Franklin to approve Consent Calendar Item No. 3 as recommended. Motion passed 4 -0 -1 abstain (Council Member Osborne abstained due to a conflict resulting from the proximity to his residence). BUSINESS SESSION 1. CONSIDERATION OF CIVIC CENTER CAMPUS VETERANS ACKNOWLEDGMENT AREA APPLICATIONS Recreation Supervisor Tustin Larson presented the staff report. MOTION - A motion was made by Council Members Evans /Franklin to approve adding the following names to the Civic Center Campus Veteran's Acknowledgment Area: David E. Hinkle. Lenard W. Wahlert David V. Crouse Brian R. Hoyt Richard A. Moreno Motion passed unanimously. Ronald D. Nawrocki Elias P. Hamman Ted Hamman David B. Robinson Marc E. Souza CONSENT CALENDAR ITEM NO. 12: APPROVAL OF CONTRACT AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TY LIN INTERNATIONAL FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE ADAMS STREET BRIDGE, PROJECT NO. 2006 -06 Public Works Director Jonasson presented the staff report. Council Member Osborne questioned staff on the funding sources. Director Jonasson and Consultant Nickerson, NAI Consulting, explained that the amendment cost of $677,311 will be paid by Coachella Valley Association of Governments 75 %, and the City of La Quinta 25 %. Adequate funding is available to support this request, so no additional appropriation will be necessary. MOTION - A motion was made by Council Members Osborne /Henderson to approve Consent Calendar Item No. 12 as recommended. Motion passed unanimously. CITY COUNCIL MINUTES 4 OCTOBER 16, 2012 STUDY SESSION 1. DISCUSSION OF A MEMORANDUM OF UNDERSTANDING WITH THE DESERT RECREATION DISTRICT Community Services Director Hylton presented the staff report. Council Member Henderson said it was very appropriate for the two departments to work together, and she is anxious to see what develops. In response to Mayor Adolph, Desert Recreation District (DRD) General Manager Kevin Kalman explained plans for the desertscape park at the entrance to Lake Cahuilla by The Quarry. Council Member Evans commended Mr. Kalman on the positive collaboration between his District and the City since he became Manager. In response to Council Member Franklin, Mr. Kalman explained the status and plans for the Coral Mountain open space park. Council Member Osborne suggested that the City and DRD explore opening a fitness center in north La Quinta. Council directed staff to pursue a Memorandum of Understanding with the Desert Recreation District to provide collaborative recreation services in the community. 2. DISCUSSION OF SILVERROCK RESORT DEVELOPMENT PROPOSALS AND CANAL UPDATE Economic Development Manager Powell presented the staff report. Presentation #1 - Beverly Park Development Group Brian Adler presented the company's proposal of a $750 million resort with a luxury five -star hotel, villas, wellness retreat, private residences, spa, golf course, clubhouse, convention facilities, restaurants, retail boutiques, tennis, pools, sports courts, horseback riding, hot air ballooning, and a 37 -acre public park with an amphitheater. In response to Council Member Henderson, Mr. Adler said that at this stage in the planning, the size of the meeting /event center would be between 75,000 and 120,000 square feet and consist of meeting spaces and a very large ballroom. Mr. Adler added that the proposal does not work without a pristine, Tom Fazio -type golf course. Council Member Henderson expressed concern about plans that include single - family ownership dwellings because she does not believe the.hotel- CITY COUNCIL MINUTES 5 OCTOBER 16, 2012 private residence combination works. Mr. Adler replied in the positive to Ms.. Henderson's question: is your optimism based on any reality that three years from now there will be enough of that demographic to use the facility. In response to Council Member Franklin, Mr. Adler explained the "formula" used by many resorts, which involves fee simple ownership of a resort villa for a certain number of months per year and when the owner is not in residence, the hotel rents it out on the owner's behalf. It is a popular arrangement because users have a kitchen, a convertible den and access to all hotel amenities. Ms. Franklin stated her concern that this may be built, and they may not come. She said the exclusivity offends her because she does not see facilities available for La Quinta residents whose tax dollars purchased this land. According to Mr. Adler, restaurants, retail, spa, golf courses, and affordable weekend escapes would all be available to city residents, and he expects resort visitors will also want to play the SilverRock golf course. In response to Council Member Osborne, Mr. Adler said that his group would not phase the development but plan to build everything at once. Mr. Osborne asked if Transient Occupancy Tax (TOT) would be paid on the 30% of time owners occupy villas which would probably be during peak winter months. Mr. Adler said yes, that could be worked out. Mr. Adler stated that his group hopes to break ground in 12 months and open 24 months after that. Council Member Evans received confirmation from Mr. Adler that the name on the proposal "Beverly Park Resort and Spa at SilverRock" was just a place setter. Mayor Adolph explained why the city purchased the SilverRock property; the need for a first -class facility; the priority of the development must be to bring revenue into the city, and, funding must be secured before any shovel is put in the ground. Presentation #2 - Discovery Land Company Dick Hughes, resident of La Quinta introduced Discovery Land Company partners Tom Collapy and Steve Adelson and developers of the Hideaway and the Madison Club in La Quinta. Mr. Adelson and Mr. Collapy explained that the development is designed around a core gathering spot for the community and includes village residential, village casitas, desert cottages, golf casitas and bungalows for a total of 496 residential units. In addition, a boutique hotel with 60 units, a grand hotel with convention space and 452 rooms, village commercial, golf course with private clubhouse, golf academy, public park and amphitheater will complete the project. The project will be built over time starting with the boutique hotel; it would grow organically and be funded from the sale of the residential component. In response to Council Member Henderson, Mr. Adelson explained that this concept is distinguishable from other desert resorts because it is centered around families CITY COUNCIL MINUTES 6 OCTOBER 16, 2012 and lifestyle; it will have multiple amenities, concerts in the park, art shows, street fairs, village commercial, kids and adult golf and tennis. Discovery projects are special due to the level of service it offers; Discovery Land spends its money on staff because they are the factor that makes a project different. In response to Council Member Osborne, Mr. Collapy said that a residential component serviced by a live -in concierge will be built in the "dog bone" section of the property. In response to Mr. Osborne's concern that TOT revenue would not be generated by residential units, Mr. Collapy explained that he believes TOT would not apply to owners, but be due on all rentals to non- owners, which is typically 70% of the year. In response to Council Member Osborne, Mr. Collapy stated that Discovery Land was not exactly using the sale of the residential components to fund the hotel and retail. Instead, he said that Discovery Land planned to let the development grow organically by responding to market conditions over time. It is designed to be phased in so Discovery Land can be flexible to market demands. He added that Discovery Land Company would be looking for major flag (hotel chain) for the big hotel, . and they would operate the boutique hotel and the resort residential rentals. In response to Council Member Franklin, the partners explained that the "core area" would consist of the boutique hotel, and an interesting, unique ground floor commercial (restaurant & retail) that they would be willing to subsidize initially to get the right activity. Around the core would be an amphitheater, a small park, water element - spaces that create energy; spaces for the public to hang out. Resort residential would be above the retail as in a European village to create a pedestrian feel where La Quinta residents, visitors and resort guests are welcome. Repeat business and extended stay are Discovery Land's goals. Mayor Adolph cautioned Discovery partners to be aware that Coachella Valley Water District will limit the amount of water features. Mayor Adolph thanked Discovery Land for including parks and flexible, multi- purpose parking lots in their concept because this will be needed as La Quinta grows. Presentation #3 - Lewis Group of Companies Richard Lewis resides in Upland, CA and Traditions, La Quinta. Mr. Lewis said his company proposes to act as the master developer to implement the SilverRock Specific Plan. They would partner with a top -tier hospitality company to provide the best possible outcome. Lewis Group would develop the retail and residential component. They did not bring drawings because they believe it must be a collaborative effort between Lewis Group and the city. Mr. Lewis noted the substantial amount of development the company has done in cities around the Coachella Valley. CITY COUNCIL MINUTES 7 OCTOBER 16, 2012 In response to Council Member Osborne, Mr. Lewis said that.in order to attract a hotel developer, the deal must be financially engineered to draw a developer who can perform. Mr. Lewis added that the Lewis Group of Companies uses its own money for its developments and does not rely on private investors, Wall Street or mystery backers. Presentation #4 - Meriwether Companies Jerry Engle, John Gamlin and Graham Culp, Partners presented the company's concept. Mr. Engle explained that Meriwether is in the destination resort business only and summarized their approach to any development. Mr. Gamlin described. the plan which includes a mixed -used village, river walk, golf course, clubhouse, event /conference facility, restaurants, guest units, two boutique hotels, resort hotel, garden villas, bungalows, spa, resort and pop -up retail in an outdoor mall, flats over retail space, three -story townhomes, amphitheater, black box theater, sports center and public facilities such as trails. The Mercado area would be built in the first phase; it would be done internally and "create a critical mass to develop awareness for the second phase. Meriwether has a flexible approach to building the golf course. Mr. Gamlin summarized the proposed timeline which envisions a five to seven -year completion schedule. Mr. Culp. explained Meriwether's interest . in the SilverRock site, its funding strategy, and the economic benefits to the city. Council Member Henderson expressed concern about Meriwether's reliance on the retail to generate excitement and be viable because existing small shops in town are suffering. Mr. Culp said that the concept is unique in the Valley, they will be developing it themselves in phases, and it will be a destination draw. In response to Council Member Osborne, Mr. Gamlin explained the different residential components and estimated that, based on very conservative assumptions, $5 million of hotel and rental TOT revenue would be generated for the city annually. Council Member Franklin commented that she likes the inclusivity of the plan which benefits residents and likes the unique Mercado riverwalk concept because it creates a center of energy and vibrancy that will bring people back. Ms. Franklin also noted that the park and hiking /biking trails will be appreciated by residents. In response to Council Member Evans, the company partners explained that Meriwether would be the lead master developer and would bring in experts and accomplished developers for key portions. COUNCIL RECESSED AT 6:46 P.M. FOR FIFTEEN MINUTES COUNCIL RECONVENED AT 7:06 P.M. WITH MAYOR ADOLPH CALLING THE MEETING. TO ORDER. ALL COUNCIL MEMBERS WERE PRESENT. CITY COUNCIL MINUTES 8 OCTOBER 16, 2012 PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT ' APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 201312014 [Resolution 2012 -0581 Planning Director Johnson presented the staff report. In response to Council Member Evans, Director Johnson explained that the use of CDBG funds is very limited. Funds allocated for capital projects must be used in certain areas of the village and the cove only. The $145,000 allocated to capital will be combined with funds budgeted in last year's budget to complete the project. Council Member Evans questioned the city's ability to move some of the capital project funds to public services so that both the Boys' & Girls' Club and Wolff Waters could be funded. Alternatively, Ms. Evans suggested that public service funds could be split between the two children's services. City Manager Spevacek outlined the limitations of CDBG funding. Although 100% of the funds awarded can be allocated to capital projects, a maximum of 15% can be used for public services. Council Member Osborne stated that city funding for the Boys' and Girls' Club has been decreasing in past years. He said the Boys' and Girls' Club serves an unlimited group of kids from all over La Quinta whereas the Wolff Waters facility serves one set of kids in one location. Mr. Osborne pointed out that Wolff Waters residents may take advantage of the fee reduction program through the Boys' and Girls' Club. The Mayor declared the PUBLIC HEARING OPEN at 7:16 p.m. There were no requests to speak. The Mayor declared the PUBLIC HEARING CLOSED at 7:16 p.m. MOTION - A motion was made by Council Members Henderson /Evans to adopt Resolution No. 2012 -058 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2013/2014. Motion passed unanimously. CITY COUNCIL MINUTES 9 OCTOBER 16, 2012 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE TO APPROVE THE DEVELOPMENT PLANS FOR THE LA QUINTA RETIREMENT COMMUNITY, LOCATED ON APPROXIMATELY 9.5 ACRES WITHIN THE CENTRE POINTE COMMERCIAL DEVELOPMENT, INCLUDING A MITIGATED NEGATIVE DECLARATION, A DEVELOPMENT AGREEMENT AMENDMENT, GENERAL AND SPECIFIC PLAN AMENDMENTS, A ZONE CHANGE, A TENTATIVE PARCEL MAP, AND A SITE DEVELOPMENT PERMIT. APPLICANT: LENITY GROUP; LLC Planning Director Johnson presented the staff report. Council Members questioned staff on details of the landscaping, privacy, security, and protection from direct sun. In response to Mayor Adolph, Director Johnson confirmed that neighbors within a 500' radius were notified of this project and the Developer has held two community meetings. Mayor Adolph stated that this project was needed in the city and he likes the level of density - it's not too high. In response to Council Member Franklin, Director Johnson said that no solar panels were planned in the project. Council Members Franklin and Evans stated that the design looked institutional and unattractive. Dan Roach, the project architect and representative of the developer, Hawthorne Retirement Group, explained that the style was "desert contemporary" which has been well received in other desert locations, but the elevation drawings may not do it justice. Council Member Henderson asked Mr. Roach to consider preparing a uniform drop . shade design that all tenants would be required to use for sun protection rather than allowing tenants to individually design and add them at will. In response to Council Member Osborne, Mr. Roach said that the windows will be treated for UV protections; residents do not pay for utilities, only telephone and internet. The Mayor declared the PUBLIC HEARING OPEN at 7:43 p.m. Public Speaker: Jim Cathcart, La Quinta Mr. Cathcart lives close to this property. As President of the La Quinta del Oro Homeowners Association, he stated that his Association is in support of the project. Public Speaker: Helga Paul, La Quinta - Ms. Paul said her residence is adjacent to the project, and like her neighbors, she supports this project. CITY COUNCIL MINUTES 10 OCTOBER 16, 2012 The Mayor declared the PUBLIC HEARING CLOSED at 7:47 p.m MOTION - A motion was made by Council Members Osborne /Henderson to adopt the following resolution: RESOLUTION NO. 2012 -059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR THE LA QUINTA RETIREMENT COMMUNITY, CASE: ENVIRONMENTAL ASSESSMENT 2011 -617, APPLICANT: LENITY GROUP, LLC. Motion passed unanimously. MOTION - A motion was made by Council Members Henderson /Evans to adopt the following resolution: RESOLUTION NO. 2012 -060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2011 -123, A CHANGE IN LAND USE DESIGNATIONS FOR THE LA QUINTA RETIREMENT COMMUNITY, APPLICANT: LENITY GROUP, LLC. Motion passed unanimously MOTION - A motion was made by Council Members Evans /Henderson to take up Ordinance No. 503 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following ordinance title into the record: ORDINANCE NO. 503 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2011 -140, A CHANGE OF ZONE FOR A SINGLE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL FOR THE LA QUINTA RETIREMENT COMMUNITY, APPLICANT: LENITY GROUP, LLC MOTION - A motion was made by Council Members Evans /Franklin to introduce Ordinance No. 503 on first reading. The motion passed by the following vote: Ayes: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph Noes: None Abstain: None Absent: None MOTION - A motion was made by Council Members Evans /Franklin to adopt the following resolution: RESOLUTION NO. 2012 -061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2001 -055 AMENDMENT 3, FOR THE LA QUINTA RETIREMENT COMMUNITY, APPLICANT: LENITY GROUP, LLC: Motion passed unanimously. CITY COUNCIL MINUTES 11 OCTOBER 16, 2012 MOTION A motion was made by Council. Members Franklin /Henderson to adopt the following resolution: RESOLUTION NO. 2012 -062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36405, SUBDIVIDING APPROXIMATELY 9.5 ACRES INTO TWO PARCELS FOR THE LA QUINTA RETIREMENT COMMUNITY, APPLICANT: LENITY GROUP, LLC. Motion passed unanimously. MOTION - A motion was made by Council Members Osborne /Franklin to adopt the following resolution: RESOLUTION NO. 2012 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2011 -921, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR THE LA QUINTA RETIREMENT COMMUNITY, APPLICANT: LENITY GROUP, LLC. Motion passed unanimously. MOTION - A motion was made by Council Members Evans /Franklin to take up Ordinance No. 504 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following ordinance title into the record: ORDINANCE NO. 504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC, CASE: DEVELOPMENT AGREEMENT 2003 -006 AMENDMENT NO. 4. MOTION - A motion was made by Council Members Evans /Henderson to introduce Ordinance No. 504 on first reading. The motion passed by the following vote: Ayes: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph Noes: None Abstain: None Absent: None MOTION - A motion was made by Council Members Franklin /Henderson to approve the Assignment & Assumption Agreement relating to the Disposition and Development Agreement and authorize the City Manager to execute the Agreement. Motion passed unanimously. REPORTS AND INFORMATIONAL ITEMS League of California Cities - Council Member Henderson reported on the first Task Force meeting. It is made up of 16 elected officials, five city managers and five city attorneys. The purpose of the Task Force is to build coalitions and CITY COUNCIL MINUTES 12 OCTOBER 16, 2012 partnerships to accomplish common goals. Ms. Henderson provided a brief history of past accomplishments. At the second meeting scheduled for November 8`", they will be making recommendations to the League Board. DEPARTMENT REPORTS City Clerk Maysels requested consensus from Council on a date for the annual Police Department volunteers' dinner. Council Members selected Tuesday, November 13, 2012. City Clerk Maysels requested direction from Council regarding appointments to the Imperial Irrigation District - Energy Consumers Advisory Committee and the Coachella Valley Mosquito & Vector Control District. The term for both positions expires in December, 2012. Council directed the City Clerk to advertise the openings on the city's website and the five public bulletin boards around the city with applications to be brought back to Council on December 18, 2012. Public Works Director Jonasson informed Council that Madison Club committed to the offsite improvement schedule discussed at an August Council meeting. Work will begin February 2013. Council Member Henderson asked Director Jonasson to check the tumbleweed gathering in the vacant lot on Avenue 54 by Mery Griffin's. Mayor Adolph stated he received a call from a resident who lives near Fred Waring and was upset about what was happening there. Director Jonasson explained that the landscaping contract was just awarded so work will begin sometime in December. STUDY SESSION ITEM NO. 2 CONTINUED: DISCUSSION OF SILVERROCK RESORT DEVELOPMENT PROPOSALS AND CANAL UPDATE Council Members returned to Study Session Item No. 2 discussion. City Manager Spevacek said that the intention was to bring the item to Council in November for action as a Business item. Mr. Spevacek asked Council to direct staff to focus on discussions with one or two developers so staff can begin discussing transaction details with them. rl In response to Council Member Osborne, City Attorney Jenson said that even with the Disposition and Development Agreement with Lowe Enterprises, the property could have residential units; they would just have to pay a fee. CITY COUNCIL MINUTES 13 OCTOBER 16, 2012 City Manager Spevacek informed Council that no additional interest is expected but he will follow up with the Lowe group. Council Member Evans said that the owners in residence 30% of the year are stable customers for the retail and restaurants and would form a base of activity at the core. The rentals for the balance of the year would provide the TOT revenue. Council Member Franklin said this is a different type of residential. It's not a single family home - it's short -term stays for owners who then rent thereby generating TOT revenue for the city. She agreed that a stable group of owners will help make the development work. Mayor Adolph added that in order to be successful, a resort development is going to have to attract local residents too. Council Member Franklin stated that it is vital to her that the selected development is inclusive so that residents are welcome and TOT revenues from it meet the city's goals. Public Speaker: Jim Cathcart, La Quinta - Mr. Cathcart stated that every condo - hotel project in the valley has failed and suggested that Council should be very cautious in including it at the SilverRock property. Council Member Henderson said that although it's exciting having interested developers, it may be premature; the economy may not have recovered enough yet. Council Member Osborne noted that developers who are prepared to invest $80 +million have done their economic homework. Council reached a consensus and directed staff to enter into discussions with Discovery Land Company and Meriwether Companies, and to verify Beverly Park Development Group financing capabilities. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Adolph gave an update regarding Bio Mass. No new complaints have been received by the Mayor. He suggests that the city wait until after .November 1" before pursuing any action or complaining to the county again. City Attorney Jenson said that she will collaborate with Planning Director Johnson and bring a report to Council on November 6' on alternative courses of action open to the city. Mayor Adolph said he was impressed with the editorial board of The Desert Sun in its promotion of the City of La Quinta, something he has never seen done before. CITY COUNCIL MINUTES 14 OCTOBER 16, 2012 Mayor Adolph commended city staff for showing up in great numbers for the Make a Difference walk. Council Member Osborne asked staff to continue to work hard to utilize local vendors and encourage the use of local subcontractors. ADJOURNMENT There being no further business, it was moved by Council Members Evans /Henderson to adjourn at 8:28 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, Ci Clerk City of La Quinta, California CITY COUNCIL MINUTES 15 OCTOBER 16, 2012