Loading...
2007 03 20 CC Minutes LA QUINT A CITY COUNCIL MINUTES MARCH 20, 2007 City Clerk Montecino announced at 3:00 p.m. that the meeting would not be called to order until 4:00 p.m. due to lack of quorum. An adjourned meeting of the La Quinta City Council was called to order at the hour of 4:00 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None Mayor Adolph led the audience in the Pledge of Allegiance. CLOSED SESSION - None PUBLIC COMMENT Council Member Osborne recused himself from participating on the following issue due to a potential conflict of interest. Ian Rhodes, 43-905 Milan Court, stated he is very happy with the wall constructed behind his property; and conveyed concern of the open ends between the existing and newly constructed fences and questioned when something will be done to close the two foot gap between the two fences. Mayor Adolph stated the Council has no jurisdiction over the School District. Council Member Henderson stated Public Works Director Jonasson has had discussions with the School District and that Council is aware of the problem and assured Mr. Rhodes the problem will be rectified. City Manager Genovese responded there is no additional update to this issue and informed Council a letter will be drafted to the School District requesting information on this issue. Scott Arthur, 43-845 Milan Court, conveyed his concern of the fence not being constructed to tier up or down with the adjacent residences; stated the wall stands at 9 ft tall behind residence; and no attempt has been made by the School District to meet with adjacent residents. City Council Minutes 2 March 20, 2007 Public Works Director Jonasson stated the plans received from the School District were minimal and there was no indication of what would be done about the two foot gap between the walls, and also explained the plans indicated the wall would not be higher than 6 ft tall at the sidewalk; the School District requested additional funding to reduce the height of the wall and stated he would make an attempt to contact the School District. Council Member Sniff questioned Mr. Arthur if he has taken this issue before the school board. Mr. Arthur replied that he has not as the City had paid for that portion of the wall. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM JIM DUCATTE, DATED MARCH 1, 2007, REGARDING RENAMING THE LA QUINTA BOYS & GIRLS CLUB. Dennis Holgrid, 76-555 Nichols Blvd., Financial Advisor of the La Quinta Boys and Girls Club, gave a presentation of the Club programs; and announced former Sec. of State Gen. Colin Powell will be the keynote speaker at the dedication of renaming the club as President Gerald R. Ford Boys & Girls Club of La Quinta; and requested the City to be an equal financial partner of the event. In response to Council Member Henderson, Mr. Holgrid explained the plans for the event. Council Member Kirk questioned how funding will be used and stated he would prefer the City's support be used for capital improvements; and requested this matter be agendized for discussion. Council Member Sniff requested a resume of cities who have participated in this program. City Council Minutes 3 March 20, 2007 Council Member Osborne stated the Club has done a tremendous amount of work in the Valley. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of March 6, 2007, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MARCH 20, 2007. 2. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31,2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED JANUARY 31,2007. 4. APPROVAL OF CITY COUNCIL GOALS. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 34959, JEFFREY R. DUNHAM. 6. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, FOR RAISED LANDSCAPE MEDIAN IMPROVEMENTS ON FRED WARING DRIVE. 7. ACCEPTANCE OF ON-SITE AND OFF-SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29053-1, FIORE AT RENAISSANCE, TRANS WEST HOUSING, INC. 8. ADOPTION OF A RESOLUTION EXTENDING THE TIME FOR COMPLETION OF ON-SITE AND OFF-SITE IMPROVEMENTS FOR TRACT MAP 31852, POLO ESTATES, RINDLESBACH CONSTRUCTION, INC. 9. ADOPTION OF A RESOLUTION EXTENDING THE TIME FOR COMPLETION OF ON-SITE AND OFF-SITE IMPROVEMENTS FOR TRACT MAP 31311, WATERCOLORS, SANTA ROSA DEVELOPMENT, INC. 10. ACCEPTANCE OF AVENUE 54 STREET IMPROVEMENTS FROM JEFFERSON STREET TO MADISON STREET, PROJECT NO. 2005-11, AND APPROVAL OF CONTRACT CHANGE ORDER NO.3. City Council Minutes 4 March 20, 2007 11. ACCEPTANCE OF THE RESTORATION OF LANDSCAPING AT MONTICELLO I DEVELOPMENT, WEST OF JEFFERSON STREET. MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended and with Item Nos. 5, 8, and 9 being approved by RESOLUTION NOS. 2007-020 through 2007-022 respectively. Motion carried unanimously. BUSINESS SESSION - None STUDY SESSION 1. DISCUSSION OF THE DRAFT 2007/2008 ECONOMIC DEVELOPMENT PLAN. Management Analyst Powell presented the staff report. Redevelopment Consultant Frank Spevacek presented background information of the Economic Development Plan. In response to Council Member Sniff, Redevelopment Consultant Spevacek explained the City recently acquired 20 acres and the sale was complete as of Friday at 5:30 p.m. Council Member Sniff further conveyed his concern of supporting businesses to relocate in La Quinta and enable them to succeed; and suggested a sign program be established to promote "Shop La Quinta" and draw traffic from Highway 111 to Old Town. In response to Council Member Osborne, City Manager Genovese stated there is a sign program to bring traffic to the Village area. Council Member Henderson questioned the sign age program in the CIP; agreed signage must be placed on Highway 111 to direct traffic to Old Town; and questioned what efforts are being done to promote a theatre to locate in La Quinta. Redevelopment Consultant Spevacek reported theatre marketing organizations were looking for the traffic at Highway 111 and off of the 1-10 Freeway and stated staff will continue to include this project in the EDP to monitor any opportunities that may arise. In response to Council Member Kirk, Redevelopment Consultant Spevacek explained if a proposal came forward that provided a more cultural benefit to the citizens, the Plan would not limit the Council to the decision. Council Member Kirk further stated he could not agree more on getting people to the City Council Minutes 5 March 20, 2007 Old Town area and ensuring whatever is done at Silver Rock Resort compliment Old Town and not draw away from it; and further stated he is unsure of the viability of the "Shop La Quinta" promotion and prefers to support the historical realm of government such as traffic, etc., which may be more important than supporting the marketing of existing businesses. Mayor Adolph stated due to the financial aspect of the City of La Quinta, the Economic Development Plan must be working; there is positive growth in the City and it is influencing the community as a whole; and further stated there is a need to generate business in Old Town and entice people to come to the area to shop. Council Member Osborne stated the Plan didn't include an ongoing relationship with the Chamber of Commerce and conveyed his concern of coordinating efforts with the Chamber to promote businesses in La Quinta. 2. DISCUSSION OF THE DRAFT FISCAL YEAR 2007/2008 THROUGH 2011/2012 CAPITAL IMPROVEMENT PROGRAM. Public Works Director Jonasson presented the staff report and introduced Principal Engineer McKinney. In response to Mayor Adolph, Public Works Director Jonasson confirmed there are bonds funded by PGA West and reported landscape and street improvements have been made on Avenue 58. Public Works Director Jonasson confirmed the Quarry has also funded bonds for street improvements to Council Member Henderson. Mayor Adolph conveyed his concern of the timing of improvements to Coral Mountain and suggested improvements on Avenue 58 be completed at one time. Public Works Director continued the staff report presentation. Consultant Nickerson gave an update on the Adams Street Bridge Improvements, and explained an obstacle in receiving funding and stated funding has been moved into the design phase and the City will have secured funding. Additionally, he explained the City will be paying 11.4% of the project and the remainder will be paid from the HBRR funds. In response to Mayor Adolph, Consultant Nickerson explained the City has two years to spend the funding, once it is obligated to a project. City Council Minutes 6 March 20, 2007 Consultant Nickerson explained to Council Member Osborne the City will work closely with the Water District to coordinate improvements. Council Member Henderson questioned the SilverRock Resort Phase II entry feature roads, and the timing of the installation of the traffic signal. Public Works Director Jonasson explained the improvements would be constructed toward the end of the Phase II infrastructure. Consultant Nickerson further explained the signal installation is included in Phase II. In response to Mayor Adolph, Consultant Nickerson stated the signal for the SilverRock entrance will be funded by the DIF. Public Works Director Jonasson further explained Hideaway paid fees under the old DIF. Council Member Henderson stated the new traffic signal at Fred Waring Drive and Palm Royale will relieve traffic on Washington Street due to the severe impact from the school traffic. Community Services Director Hylton confirmed the expansion of the Library includes only the large community room and explained it will be utilized mainly for the Reference section. Council Member Henderson suggested crosswalk improvement be made at Calle Estado and Calle Tampico. Public Works Director Jonasson explained the enhanced crosswalk is one of the added projects and is listed for FY 2011-12 as Calle Tampico pedestrian cross improvements. Consultant Nickerson explained the process of enhancing the crosswalk. Council Member Henderson stated she would prefer the crosswalk at Embassy Suites be enhanced with more than just pavers. In response to Council Member Henderson, Consultant Nickerson explained all the transportation improvements have been reviewed as other projects come online and cost adjustments are made at that time; and further stated the CIP is updated every year. City Manager Genovese explained further the difficulty is to estimate an inflation factor for the DIF. Council Member Kirk questioned the acquisition of park land and if there are. $8 million in Quimby fees. Community Services Director Hylton confirmed. Council Member Kirk questioned the amount currently generated by Quimby fees. Finance Director Falconer stated as of December 31, 2006, the balance of funds was $9.1 million. Council Member Kirk questioned if DIF maintenance facility funds are in the bank. Finance Director Falconer explained the funds would be borrowed from the General Fund. City Council Minutes 7 March 20, 2007 In response to Council Member Kirk, Public Works Director Jonasson confirmed the advancement of a project from FY 08-09 to 07-08 would necessitate the elimination of a project from FY 07-08. City Manager Genovese further explained "it would also depend on the funding source. Council Member Osborne conveyed his support for the crossing light at Fred Waring Drive and Palm Royale; stated he looks forward to keeping the sound wall projects in the CIP; commented on the timing of the development for the south portion and repaving of Avenue 58; conveyed his support for crosswalk improvements from Embassy Suites to Old Town; suggested cost sharing with The Palms HOA for median improvements on Avenue 56. Tom Cullinan, 74-001 Reserve Drive, Indian Wells, informed the Council the developer is close to the naming of the proposed hotel and have selected a marketing company and a sales consultant; assured the Council they have a good relationship with Wells Marvin; stated extension of Jefferson Street is primarily being funded by private developers, except for the curve portion; and stated improvements are needed due to high end development and access to shopping in La Quinta. Jim Mannix, 56-765 Village Drive, President of The Palms HOA, stated developer was not required to fund improvements; and questioned if possible to fund landscaping on median on Airport Boulevard at the entrance of the City at Madison Street. Council Member Henderson questioned if there are plans to implement low maintenance for the median. Public Works Director Jonasson stated there may not be any savings to implement improvements, but may save on maintenance. In response to Mayor Adolph, Public Works Director Jonasson stated there are water lines on the west end of the median, but it is not known if there are any on the east end. Upon consensus, the City Council directed staff to bringing this matter back at the next meeting. Council recessed at 6:16 p.m. to and until 7:00 P.M. for Public Hearings to be held at the La Quinta Public Library Community Room. City Council Minutes 8 March 20, 2007 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION CERTIFYING ENVIRONMENTAL ASSESSMENT 2006-573 AND APPROVING CONDITIONAL USE PERMIT 2007-102 FOR THE USE AND OPERATION OF THE SIGNATURE POOL. AND SITE DEVELOPMENT PERMIT 2006-865 FOR THE ARCHITECTURAL AND LANDSCAPING PLANS FOR A SIGNATURE POOL FACILITY FOR THE PROPERTY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON, APPROXIMATELY 150 FEET SOUTH OF AVENIDA FERNANDO ON THE LA QUINTA RESORT GROUNDS. APPLICANT: CNL DESERT RESORTS, LLP. Upon consensus, the City Council agreed to receive an updated staff report on issues of concern and any compromises made by both parties. Community Development Director Evans presented the staff report regarding a parking plan, privacy walls at the Villas, new planting on Eisenhower Drive at the Bear Creek Trail area, Resort work with easement owners on Avenida Fernando for street rehabilitation; construction of a noise control plan; reviewed additional conditions; and addressed questions of the original walls of the Morgan House. In response to Council Member Kirk, Community Development Director Evans stated there are 36 conditions of approval for the proposed project. Council Member Kirk further questioned if the City has the staff to monitor the conditions. Community Development Director Evans explained the City will implement safety valves to ensure the conditions are adhered by the Resort and funds will be available to hire experts to monitor if necessary. Council Member Kirk referred to Mr. Fredericks' comments regarding the Environmental Impact Report (EIR). Community Development Director Evans stated he has reviewed Mr. Fredericks' comments and explained the original EIR did not include the property of the proposed project as it was not owned by the current owner at the time, and the specific plan included a Conditional Use Permit process for water park or spa type feature; explafned the Final City Council Minutes 9 March 20, 2007 EIR of the first specific plan was done from 1988 through 1998; and stated staff believes all environmental issues have been addressed and this type of use was included in the original plan. Community Development Director Evans confirmed with Council Member Kirk that subsequent analysis was included, and the current environmental documents are included for Council review. Mayor Adolph referred. to the statement of "the signature pool would not have a greater impact than currently existing" on page 12 of the staff report. City Attorney Jenson stated that according to a legal prospective, the issue is not whether there are any impacts, but if there are any new impacts compared to the original document. Council Member Sniff requested the definition of Signature Pool. Community Director Evans explained the title of the project is an artful term created by the Resort for this particular project. Council Member Sniff questioned if it is known if the property was owned by Kershner. Community Development Director Evans stated staff has not researched property title changes. Community Development Director Evans confirmed with Council Member Osborne that the project complies with the General Plan, Zoning Code, CEQA, and surrounding uses. In response to Mayor Adolph, Community Development Director Evans pointed out the property lines on the north and south, and east and west of the Resort; confirmed the designs meet City Codes as far as all the elements; parking requirements for this type of facility is an accessory use; and explained use permits submitted by the Resort will be reviewed closely for ample parking. Mayor Adolph referred to page 09 and 10, relating to limited live music and night movies. Community Development Director Evans explained limited refers to acoustical music and the intent is no amplified music will be allowed between 6:00 p.m. and 10:00 p.m., and the pool will be closed at 10:00 p.m. The Mayor declared the PUBLIC HEARING OPEN at 7:45 p.m. Paul McCormick, 47-790 Villa, addressed noise issue and no music after 10:00 p.m.; explained the establishment of the project title as Signature Pool project; informed the Council one person will speak on behalf of the resort employees, and introduced Dave Urban. City Council Minutes 10 March 20, 2007 Dave Urban, representing CNL Hotels and Resorts, stated the Resort has extended the opportunity to work with the community and staff regarding issues of concern and included them in the conditions; addressed certain conditions in more detail relating to definition of high season, night time movies, amplification in the pool area, authorization of City staff to stop functions or feature due to excessive noise, meeting with surrounding HOAs, increase of traffic, timing of uses, Morgan House block wall and courtyard, and informed the Council the Resort has begun the process to purchase the seven Villas adjacent to the property. Bill Marx, 78-420 Villa Caliente, informed the Council he is responsible for traffic, parking and security; stated he was able to review the implementation of a traffic control plan recently at events held at the Tennis Gardens; announced the hiring of Randy Palmer as manager of traffic control for the resort; stated there will be training for all non-beverage pool staff; and a traffic control officer will remain in pool area. In response to Council Member Henderson, Mr. Urban stated he has had limited success with discussing issues of concern with Mr. Fredericks and they both have agreed to disagree; he has tried to work with Mr. Fredericks in relating to access of Avenida Obregon but has not been able to come to a solution. Mr. Urban stated the development around the resort does not have access to the use of the property or the owners of the Villas, and explained only the members of the Resort have access to the amenities of the property in response to Council Member Sniff. Council Member Kirk conveyed his appreciation to the applicant's and HOA's hard work to a compromise; questioned what were the painful adjustments relating to the conditions. Mr. Urban stated the elimination of live music between the 6-10 p.m. timeframe in high season, restriction of operation during high season, added staff for parking issues, building perimeter walls for Villas, and purchase of Villas were the more challenging adjustments. Mike Sillers, 79-320 Camino Amarillo, witnessed construction of resort homes and signature pool near Avenida Obregon; addressed a safety analysis conducted over a year ago; and stated a proposed water park would be an unmanageable mistake to the residents on Avenida Obregon. Gloria Dodd, 48-690 Villa Sierra, stated virtually no changes were made to the site plan; HOA's from Los Estados, Enclave, Mountain Estates have presented a proposal of conditions. City Council Minutes 11 March 20, 2007 Steve Davis, 77-500 Avenida Fernando, stated an intelligent approach is to look at it by the infrastructurf'j which doesn't support the project; and emphasized the intentions are not the true use of the water park. Bill Puget, 77-600 Avenida Fernando, stated at the original Planning Commission hearing staff has largely based traffic findings on experts and the justification of uses included in the traffic impact report; integrity of report was completely undermined by the statement of increase of impacts to surrounding residents is presumptuous; report contains a significant amount of generalities; and stated not much has changed in the proposed project. F. H. Hill, 49-921 Avenida Vista Bonita, reminded Council their consideration should be with the residents and not just the developer. Jennifer Jenkins, 49-385 Rancho San Francisquito, representing 1600 employees of the Resort; conveyed concern of employees for the City and Resort; stated resort must continue to reinvent itself to remain competitive; and stated the signature pool will attract a higher level of clientele, and increase year-round employment. Joan Rebich, 53-810 Avenida Cortez, conveyed concern of landscaping on Eisenhower Drive. Mayor Adolph questioned if anything has been included for the landscaping on Eisenhower Drive. Community Development Director Evans stated the landscape plan has not been submitted, and the Resort will have to submit a plan for review by the ALRC and Planning Commission. Patricia Ward, 51-605 Avenida Obregon, employee of the Resort; stated was laid-off the first summer of employment; stated the signature pool will generate revenue for the Resort and City and enable employees to remained employed full-time. Leigh Charlton, 79-357 Cetrino, stated CNL and homeowner assocIatIons have agreed to disagree; reviewed issues relating to construction, environmental impact, historic value, corporate arrogance, protecting La Quinta, homeowner and member rights. Jeffrey Nagelberg, 49-045 Calle Flora, commented that tennis membership was offered at the time of purchase of Resort home; members have used pools; stated due to the inconsistencies of the maintenance of the current pool and resort areas, the Resort is unable to manage a signature pool; and urged the Council to reject the proposal. City Council Minutes 12 March 20, 2007 Mary Jane O'Connor, 77-343 Avenida Fernando, conveyed concern of proximity of lazy river to residence; stated concrete is prone to crack; and stated the noise level would impact her residence. Mayor Adolph called a RECESS at 9:03 p.m. and RECONVENED the meeting at 9:12 p.m. Roger Lolley, 77-317 Avenida Fernando, stated he is the resident most impacted by the project; stated noise levels are not compared accurately to similar facilities; Mrs. Lolley stated there is a potential for litigation due to the excessive noise levels coming from the proposed project. Jack McDonald, 49-035 Calle Flora, President of Enclave HOA, reported the views of the HOA and stated no changes have been made to the conditions of use; suggested the entire water park be moved to the regular pool area; requested a buffer area be installed around the water features and scale the project down; and stated the HOA has negotiated with CNL in good faith. Philip Maschka, 77-213 Calle Mazatlan, stated water and energy waste is not good; conveyed concerns of storm drain proposed under Calle Mazatlan; requested the Council to continue this project until plans are accurate and complete. Edwin Mittelbusher, 72-333 Calle Mazatlan, suggested the water feature be moved to the large pool area; stated he does not understand the need for 4 acres for the project; and requested the Council decline the proposed project. William McCann, 79-205 Fox Run, stated the Council is not being well served by the Planning staff; conveyed concern of the amount of conditions. Floyd Turnquist 77-181 Calle Flora, stated the water feature is in the wrong location; stated if this project is so viable to the revenue of the Resort and City, the City should be contributing to the project to ensure its success; and requested the Council deny the project. Mr. Berger, stated the hotel owners picked the wrong time to present the project; conveyed concern of noise levels; and stated KSL has not considered the resort home owners; stated the hotel could take ten feet from the entrance wall as a buffer to the project; addressed the viability of the EIR; and requested the Council deny the project. " City Council Minutes 13 March 20, 2007 Ron Olson, 77-905 Lasela Court, questioned why the water feature is so large; stated having one entrance point at the proposed location impacts Avenida Obregon; conveyed concern of pedestrian traffic on Avenida Obregon. Joseph McVeigh, 77-240 Avenida Fernando, owner of one of the Tennis Villas; stated nothing in the purchase contract addressing restrictions or waivers for new constructions or access to property amenities. Marie Mack, 74-399 Highway 111, Palm Desert, an attorney, stated there are serious deficiencies in the addendum to the EIR; there are no studies included in the original documents relating to noise and traffic impacts; stated no way to mitigate noise impacts for this project; decibel levels stated in the noise ordinance must be applied to the project; stated decision is being based on a gross absence of studies relating to the environmental documents. Jeffrey Springer, 801 S. Grand, Los Angeles, attorney representing single- family homeowners adjacent to the Resort; stated the addendum is not allowed if it does not address the same specific project; stated the 1975 EIR was not available for review; stated the only mention of the impact was in 1995 the negative declaration which stated a conference center was needed on the south side of Avenida Fernando; stated the noise report was prepared by the applicant's consultant and not the City and it underestimates the number of people utilizing the facility by 50%, and levels of noise are inaccurate in the report; and stated the foundation of the Morgan House has deteriorated. In response to Council Member Kirk, City Attorney Jenson stated no mitigation monitoring report was required in 1975. Richard Fredericks, 49-875 Avenida Obregon, submitted plans and letter for -the record; stated CNL has never contacted him; 1975 EIR is cited eight times in the documentation; stated current conditions of Avenida Obregon are hazardous; stated Avenida Obregon is a fire access road only. Wayne Guralnick, 74-399 Highway 111, Palm Desert, representing HOA's, addressed conditional use permit issues including the water feature use between the hours of 10 a.m. and 6 p.m.; noise impact of the outdoor entertainment center and limit the use after 6 p.m.; movie theatre uses be moved over to the Casitas area; implement a steep penalty if violation of use after 6 p.m.; referred to page 43 of the staff report, condition #19 relating to wading pool and stated there is no use of water feature; and requested the Council deny the application. City Council Minutes 14 March 20, 2007 Tom Leverte, 48-085 Via Linda, addressed concerns of return of investment of the water feature; stated the City will lose tax revenue in the first two years during construction; stated lay-offs and reduced registration will occur; stated Morgan Stanley will sell the hotel due to a lack of return on investment; and requested the Council continue this matter in order to meet with Morgan Stanley. Leslie Fredericks, 49-875 Avenida Obregon, conveyed concern of dismantling or changing the Morgan House and surrounding area; and stated the House should be enjoyed as it exists and not with a wall around it or any alteration to the House; questioned where the construction trucks will be parked along Avenida Obregon; and suggested the City provide staff to direct delivery vehicles away from the fire access gates and the residences. Richard Zeilenga, attorney for the applicant, gave a rebuttal on the following issues: clear threat of litigation; noise level; resort has agreed to extend the high season; open construction of one slide on the rock formation; establish a quick response hotline; have agreed to extensive new conditional use permit conditions; no evening movies be shown in the active area; closure of any activity that will violate noise ordinance; agreed the Resort would pay for private patios for Tennis Villas; traffic issues; agreed to maximum occupancy of 1950; reserve palm tree grove for additional parking if necessary. Greg Endo, Traffic Engineer for La Quinta Resort, referred to comments made by study submitted by William Puget and conducted by Meyer, Hohaddes Assoc. Richard Zeilenga continued rebuttal regarding parking; access to property by Mr. Fredericks; view impacts; Morgan House, patio area will be preserved and will demolish the new garage only; water park reference; conditions of Avenida Obregon stated by Mr. Fredericks; large truck delivery stated by Mr. Davis and have agreed to an additional condition to limit delivery times; Ms. O'Connor comments to purchase Tennis Villas; comments made by Mr. "Alderman regarding operation of the Resort during the summer months; comments made by Edward Pusher regarding relocating the water feature to the large pool area; comments made by Marie Mack relating to the addendum to the EIR; comments made by Mr. Springer relating to the EIR and addendum; noise report; complaints made by Mr. Fredericks regarding blocked access and safety on Avenida Obregon; comments made and reports submitted by Mr. Relnick; and stated the benefits of approving the project. City Council Minutes 15 March 20, 2007 There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 11 :32 p.m. Council Member Kirk questioned the comments made by Roger Lolley relating to presentation of photos of Tennis Courts 4, 5, 6, and 7; stated this is a good project for the hotel and the City but project is in a bad location; was concerned of the integrity of the presentation at the last meeting; suggested staff conduct an analysis on whether the lights exist at the tennis courts. Council Member Henderson stated she understands the use of the lights relating to the view impact of the rock feature and height comparison. Council Member Kirk questioned if there is an additional photo documenting whether the lights exist on the courts or not. In response, Mr. Zeilenga submitted photos he had taken for purpose of demonstrating the lack of use of the tennis courts and explained the position of where the pictures were taken. The Mayor declared the PUBLIC HEARING REOPENED at 11 :42 p.m. Mr. Zeilenga further explained he was not aware the photos would be used to show the lights at the tennis courts; that he or Dave Urban have referred to the light posts in making an argument; the emphasis of the photos were to demonstrate the rock features in the area in comparison to the Santa Rosa Mountains. In response to Council Member Kirk, Community Development Director Evans stated staff does not have the documentation of how the photo was taken and have requested the employees or the manager to identify which lights exist on the tennis courts. Council Member Henderson stated this is the first opportunity the Council has been. able to engage in comment among themselves; remembers proceeding with an 18-acre soccer, baseball, and football park with a water feature; and thanked those in attendance for their patience; responded to Mr. Fredericks by stating the gate on Avenida Obregon should be used for access to his property is incorrect; addressed comments made regarding several conditions; would like something in the conditions to have an exception if weather permits; concerned of enclosed waterslide; noise level is well within the criteria; and continues to support this project. Community Development Director Evans stated staff has the results of the lights on the tennis courts and pointed out where the photos were taken; City Council Minutes 16 March 20, 2007 stated photos were taken looking out at a diagonal and explained the location of lights on the courts. The Mayor declared the PUBLIC HEARING CLOSED at 11 :58 p.m. Council Member Kirk commented on balancing local impacts on residents around the hotel and people who use the hotel; stated the project will have positive impacts to the City and the hotel; stated there are noise and land use and compatibility impacts, but are the impacts beyond those envisioned in the original report; the envisioned use for this project will not exceed the impacts of the report; had reservations of the integrity of the applicant; was hopeful there would be a compromise; does not believe an additional EIR would help; shares concerns of Council Member Henderson regarding going too far with the conditions; was hopeful conditions that triggered the closure of events would be sufficient to address the neighborhood concerns; prefer to focus on the noise issue when the noise ordinance is exceeded and have an opportunity to close the feature; suggested a management program be in place and issues of Avenida Obregon will be improved; have most sympathy for those Tennis Villas that are adjacent to this facility; stated would support this proposal if an appraisal program can be implemented, where one appraiser is chosen by each party and the third by both parties; requested a condition of a rental mitigation program be implemented if adjacent owners choose not to sell; and stated he supports all 36 conditions. Council Member Osborne conveyed concern of parking issues on Avenida Fernando and Avenida Obregon; addressed the project as a whole and stated many professionals have reviewed the project; family hotel is a good thing and kids are okay and can respect the aspect of enjoying quiet of property; stated the City needs to allow the hotel to run as a hotel; if the Resort purchases adjacent properties, does that give the right to tell the hotel how to run it; stated there are significant financial issues with this project; stated the Hilton group knows how to operate a hotel; and supports to continue to monitor this process as an appropriate use. Council Member Sniff commented to Mr. Zeilenga regarding the presentation and thanked all attorneys present and questioned Mr. Zeilenga if "the signature pool was named specifically for this project. Mr. Zeilenga responded by stating the title of the project was not specific for this project. Council Member Sniff stated this area is a seasonal area; would approve this project but has some concerns; and conveyed his sympathy for the employees of the Resort; indicated he has not received a report addressing his concern of the water temperature of the water feature; expressed his concerns of the noise impacts to the dwelling units; impact to the limited parking at the Resort; traffic on Avenida Obregon; design of the signature City Council Minutes 17 March 20, 2007 pool; purchase of the Tennis Villas by CNL; conveyed his disappointment of the lack of historical research; and expressed his concern of the signature pool being compatible with the image of the Resort. Mayor Adolph thanked staff for the report; commented on approval of use of Avenida Obregon in 1996 and stated traffic has changed dramatically; understands Mr. Fredericks' concerns; addressed four areas of concern - Avenida Obregon, delivery vehicles on Avenida Fernando, buy-out of adjacent property owners to the water features; block wall or a living fence; members' rights and reduction of amenities; conveyed concerns of the staff report; stated if Council moves forward with project would like to see a process established to monitor restrictions; condition of approval for landscaping of Eisenhower Drive; stated he is fully in favor of the project and the right to develop and change property, but with the consideration of the impacts to neighbors; and conveyed concern if addition of water feature does not increase registration to the hotel. Council Member Sniff stated he has received a report addressing his concern of the water temperature of the water feature, however belated. Council Member Henderson stated not sure how to reconcile this issue, but did express personally if lived there and had grand kids would be very upset if could not use the water feature, but also understands the purchase of a membership; and suggested the possibility of purchasing a pass to utilize the facility; and strongly suggests all parties continue to work on coming to a compromise. RESOLUTION NO. 2007-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. CERTIFYING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR NO. 411, AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS, FOR LA QUINTA COVE GOLF CLUB REVISED SPECIFIC PLAN 121-E (19751, PREPARED FOR CONDITIONAL USE PERMIT 2007-102 AND SITE DEVELOPMENT PERMIT 2006-865, AND APPROVING OPERATIONAL AND DEVELOPMENT PLANS FOR A SIGNATURE POOL FACILITY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON ON THE LA QUINTA RESORT GROUNDS (CNL DESERT RESORT, LLPI. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2007-023 as amended with the addition of the following conditions; 11 Establish an appraisal and acquisition program as proposed by council - with fair market value offered to adjacent properties to the water feature (Tennis Villas!. and a rental mitigation program for those owners not wishing to sell City Council Minutes 18 March 20, 2007 property; 2) Limit live music to the adult pool; 3) Exterior courtyard wall be retained at Morgan House; 4) Modify Condition 16b1 upgrades to Avenida Fernando and Avenida Obregon regarding timeframe of completion of work; 5) Review the status of the acquisition program in six months and make any changes needed; 6) Construct one slide on rock formation as an open slide. City Attorney Jenson suggested the appraisal and acquisition program be strictly voluntary, and Council Members Kirk/Henderson agreed to amend the motion as stated. Motion carried 3-2 with Council Member Sniff and Mayor Adolph dissenting. REPORTS AND INFORMATIONAL ITEMS - None * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff questioned if there are any details regarding the funeral for the Sheriff's Deputy killed this past weekend. ADJOURNMENT There being no further business, Mayor Adolph adjourned the meeting at 12:42 p.m. y submitted, --