Loading...
1997 04 01 CC Minutes. LA QUINTA CITY COUNCIL MINUTES APRIL 11 1997 Regular meeting of the La Quinta City Council of April 1, 1 997 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None PUBLIC COMMENT Wally Reynold8, 79-860 Fiesta Drive, complimented the Council on their ability to make difficult decisions and referred to the recent standing-room-only crowds that opposed the RV ordinance and the Tradition project. He pointed out that both of these concerns were related to the Cove area, one group supporting the parking of RV's in plain view and the other group opposing the construction of luxury homes in the same area. He also complimented the Council for the La Quinta Page in the Palm Desert Post. CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of March 18, 1 997 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PKE***IIAIlQNa Mayor Holt presented a proclamation to Joan Rebich on behalf of the City, proclaiming April as Child Abuse Prevention Month/Blue Ribbon Campaign. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 2 April 1, 1 997 WRITTEN CORRESPONDENCE 1. LETTER FROM GARY AND HARRIET GEORGE REGARDING A. TRAFFIC SITUATION AT MILES AVENUE AND NORTH HARLAND DRIVE. Council concurred on referring this letter to staff. 2. LETTER FROM THE LA QUINTA CHAMBER OF COMMERCE REGARDING THE BUSINESS DEVELOPMENT AND RETENTION PROGRAM. Council concurred on referring this letter to staff for a report back to Council. 3. LETTER FROM R. 1. WHITNEY REGARDING SEWER LINES IN THE AREA SOUTH OF THE CIVIC CENTER. Council concurred on referring this letter to staff for a report back and Mr. Genovese* City Manager, advised that a related issue is scheduled for a Council meeting on either April 15th or May 6th. 4. LETTER FROM GIL HOLMES REGARDING INCREASING TELEPHONE RATES. Council concurred on referring this letter to staff for forwarding to CVAG. BUSINESS SESSION 1. CONSIDERATION OF AN AMENDMENT TO SECTION 12.32.110 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE, REGULATING THE PARKING OF COMMERCIAL VEHICLES. Mr. Hartung, Building & Safety Director, advised that Council recently directed staff to review the City's regulations pertaining to the parking of commercial vehicles in residential areas. The direction was in response to a letter from Mr. Donlin, of Preferred Plumbing, who has requested permission to park his 8Y2- foot high vehicle at his home. The current regulations do not allow parking of vehicles taller than 8 feet or longer than 20 feet. He advised that the staff report contains pictures of similar vehicles that are within 1 2 inches of either the height or length of Mr. Donlin's vehicle and staff recommended that the ordinance not be amended. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 3 April 1, 1997 In response to Council Member Adolph, Mr. Hartung advised that the 8-foot restriction has been in effect for 1 3 or 14 years. Normal vans and pick-ups fit within the restrictions, but vehicles over 8 feet high or 20 feet long are a different class of vehicle. He advised that there are no height restrictions for RV's and they can go up to 10 or 11 feet. Council Member Henderson spoke about Mr. Donlin's efforts to comply with the regulations and stated that she realized if Council grants this request for 8 Y2 feet, they could potentially be looking at requests for 2-6 inches more later on. She suggested that the ordinance be amended and that Council review it again in six months to see if there are any problems with it. This would give Mr. Donlin more time to seek a solution on his own and provide Council time to see if it generates any problems; if it does, it could be reduced again to B feet. Mayor Holt suggested giving Mr. Donlin more time to comply with the current ordinance, rather than amend it and possibly cause more serious problems. Mr. Genovese, City Manager, advised that any suspension of enforcement would have to apply to all other cases and vehicles noted in the staff report. Council Member Perkins referred to the size of the vehicles pictured in the staff report and felt that such vehicles with advertising on the side don*t belong in residential areas. He was opposed to granting an exception and advised that he wouldn't support an amendment to raise the height above 8 feet. He hoped that Mr. Donlin would find another solution. Council Member Sniff didn't feel that an amendment would be a major problem and suggested approving it with a review in one year. He didn't feel that there's any magic number and didn1t have a problem with 8Y2 feet, pointing out that RV's are 1*12 feet high. He believed that advertising on the vehicle is irrelevant and wished to move forward with the amendment and review it in one year. In response to Council Member Adolph, Mr. Hartung advised that the complaint was staff initiated and that no complaints have been received from Mr. Donlin's * neighbors. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that the Council could direct the City Manager to bring the ordinance back for review after a certain period of time, but it would not be* addressed in the ordinance. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 4 April 1, 1997 In response to Council Member Perkins, Ms. Honeywell advised that normal code enforcement violations involve several warnings with various related time spans and this has already been done in Mr. Donlin's case. Council Member Henderson appreciated Mr. Donlin's position and wished to assist him in some manner, but noted that she wouldn't want his truck parked next to her house, especially with advertising on the side. However, the Council did recently make allowances for even larger vehicles and, therefore, she supported the amendment with a review in six months. Council Member Perkins didn't feel there was any difference between having a large truck with advertising parked next door and a sign with advertising in the yard and he wouldn't want it parked next to his house. Council Member Sniff pointed out that a lot of pick-ups have advertising on the side and he felt that restriction of that would be an unnecessary intrusion upon the citizens. He advised that he uld agree to a six-month review of the ordinance. Council Member Adolph noted that the vehicle wouldn't be parked there all day if it's used for work. He understood the concern about where to draw the line, but wished to give Mr. Donlin some leeway as long as the truck isn't parked there all day long, noting that his neighbors haven't complained. Council Member Perkins advised that he would support the amendment with a six-month review as long as it's understood that Mr. Donlin can't request another exemption should Council change the restriction back to 8 feet. Mayor Holt advised that she has mixed emotions about this, but will go along with a six-month review*. Council Member Perkins was concerned about the problem it might cause if residents st*rt complying with 8Y2 feet and after six months, it's reduced back to 8 feet. Ms. Honeywell pointed out that it will be difficult to reduce the restriction back to 8 feet once it has' been extended because residents will start relying on the 8Y2-fOOt restriction and maybe purchase new vehicles based on that restriction. Council Member Perkins felt that once the height is extended, that it wouldn't be reduced and, therefore, didn't see a need for a six-month review. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 . City Council Minutes 5 April 1, 1 997 Council Member Henderson still wished to review it in six months to see if there are other requests for different heights. She felt that Council would then have to set a limit and stick to it. In response to Council Member Adolph, Mr. Hartung advised that the Code Enforcement Department issues at least 50 warnings a year on such incidents and the owners comply. Mayor Holt stated that that's why she has a problem with this; others have been made to comply with the ordinance and now it's being changed for one individual. Council Member Perkins agreed and felt that whatever change is made now will not be changed in six months unless it's extended even more. Council Member Sniff felt that the only realistic modification in six months would be a further extension of the height limit and believed that the request for an additional six inches was reasonable. Robert Tyler, *21 5 Villeta Drive, was surprised that Council was considering such an action, noting that the RV ordinance restricts RV*s from parking in certain areas of the City, but this amendment will allow commercial vehicles to park anywhere. He also pointed out that, although, these vehicles may be gone during the day on weekdays, they'll prdbably be parked all weekend and he referred to them as mobile signs. In light of recent complaints about blocking the mountain view, he questioned why Council would consider letting these trucks block the citizens* viev**. He didn*t feel that the ordinance should be changed for one individual and urged the Council to stick with the current height restriction. Barbara Irwin, *065, Camino La Cresta, urged Council to move slowly on this issue, noting that a lot of hard work went into the RV ordinance in an effort to clean up the City. She advised that a commercial vehicle parks in her cul-de- sac and referred to it as visual litter that takes up too much parking space and creates a safety hazard for children. She wished to keep her neighborhood as safe and clean as possible, noting that RV's are restricted from parking in her neighborhood and she wished to have commercial vehicles restricted also. MOTION It was moved by Council Members SniffiHenderson to take up Ordinance No.302 by title and number only and waive further reading. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 6 April 1, 1 997 In response to Council Member Adolph, Ms. Honeywell advised that the six- month review would be handled administratively because a time limit can't be placed in the ordinance. Council Member Perkins felt that some good points were brought up and advised that he wouldn't want any of these vehicles parked next to his home. He was also opposed to the advertising on the trucks, believing it to be quite different from the signs on small pick-ups and advised that he wouldn't support the motion. Motion carried with Council Member Perkins and Mayor Holt voting NO. ORDINANCE NO.302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 12.32.120 OF THE I-A QUINTA CHARTER AND MUNICIPAL CODE EXEMPTING CERTAIN COMMERCIAL VEHICLES FROM PARKING RESTRICTIONS. It was moved by Council Members SniffiHenderson to introduce Ordinance No. 302 on first reading. Motion carried by the fQllowing vote: AYES: Council Members Adolph, Henderson, Sniff NOES: Council Member Perkins, Mayor Holt ABSENT: None ABSTAIN: None 2. CONSIDERATION OF AN AMENDMENT TO SECTION 3.28 OF THE I-A QUINTA CHARTER AND MUNICIPAL CODE RELATING TO BI*ISINESS LICENSES, ADDING TO AND AMENDING SECTION 3.28.180 DEFINITIONS) AND AMENDING SECTION 3.28.370 METHOD AND TIME OF PAYMENT). Mr. Falconer, Finance Director, advised that under the current ordinance, all business licenses expire on December 31st and new fees are due on January 1 St, including licenses that were issued at the end of the year. Staff recommended that the expiration date be changed to the anniversary date of each license and that the quarterly-payment allowance for first-year licenses be deleted due to lack of use. Council Member Perkins asked if this method would be easier for staff to handle to which Mr. Falconer responded yes. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 7 April 1, 1 997 MOTION It was moved by Council Members Sniff*AdoIph to take up Ordinance No.303 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.28 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO BUSINESS LICENSES, ADDING TO AND AMENDING SECTION 3.28.180 DEFINITIONS) AND AMENDING SECTION 3.28.370 METHOD AND TIME OF PAYMENT). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 303 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 3. SECOND READING OF ORDINANCES ORDINANCE NO.300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA CHARTER AND MUNICIPAL CODE, ADDING CHAPTER 2.05, ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 300 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None * ABSTAIN: None BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 8 April 1, 1 997 ORDINANCE NO.301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING SECTION 9.60.130 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE AND PROVIDING A NEW SECTION 9.60.130 OF THE MUNICIPAL CODE REGARDING RECREATIONAL VEHICLE REGULATIONS. It was moved by Council Members SnifflAdolph to adopt Ordinance No.301 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None CONSENT CALENDAR Lucia Moran, P.O. Box 1305, advised that they currently have 42 entries for the Soap Box Derby and nine are from La Quinta. This year's derby will include a handicap race and the opening ceremony will begin at 9:00 a.m. She advised that the Tradition project has been very cooperative with this event and has donated funds to help send the winners to the finals in Akron, Ohio. She asked that Council give the project all due consideration. 1. APPROVAL OF DEMAND REGISTER DATED APRIL 1, 1997. 2. APPROVAL OF OVERNIGHT TRAVEL FOR ONE CODE COMPLIANCE OFFICER TO ATTEND THE SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS BASIC CERTIFICATION CLASSES IN LONG BEACH, APRIL 25-26, 1997. 3. ADOPfloN OF A RESOLUTION ESTABLISHING THE NUMBER OF RESIDENTS IN THE CITY FOR THE PURPOSE OF DETERMINING THE VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS. 4. APPROVAL OF A SETTLEMENT AND RELEASE AGREEMENT WITH TEXAS PUBLIC FUNDS INVESTMENT POOL CONCERNING THE 0CM LITIGATION WYMER LITIGATION). 5. APPROVAL OF A CONTRACT WITH CONRAD & ASSOCIATES FOR AUDITING SERVICES FOR A PERIOD OF FIVE 5) YEARS. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 9 April 1, 1 997 6. ADOPTION OF A RESOLUTION FOR STREET CLOSURE FOR THE GREATER COACHELLA VALLEY SOAP BOX DERBY EVENT ON APRIL 5.1997, LOCATED ON AVENIDA BERMUDAS BETWEEN CALLE ARROBA AND CALLE NOGALES AND THOSE INTERCONNECTING STREETS APPROXIMATELY 200 FEET TO THE WEST PURSUANT TO CONDITIONS FOR TEMPORARY USE PERMIT 97- 137. APPLICANT: LUCIA MORAN. RACE DIRECTOR. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended with Item Nos. 3 and 6 being approved by RESOLUTION NOS. 97-24 and 25 respectively. Motion carried unanimously. MINUTE ORDER NO. 97*9. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS Chamber of Commerce Workshop Council Member Henderson advised that their rescheduled meeting was canceled and it has not yet been rescheduled. Riverside County Free Library Advisory Committee Council Member Henderson advised that she recently met with Supervisor Wilson and his staff and learned that the RFP's for the operation of the library have been distributed, with bids due back on May 5, 1997. They are looking at setting up three different zones, including a desert zone1 and propose to hold a meeting with that group on May 11, 1 997 at COD to review the RFP responses. She didn't feel that they're looking at anything ideal for the coming year, but believed that the City should stick with the County for the time being and keep its options open. She didn't anticipate receiving much increase in service. CVAG Executive Committee Council Member Perkins advised that he and the City Manager recently attended CVAG's Executive Committee meeting and hereported that those present, voted unanimously to send a letter to President Clinton, asking him to intercede in the Attorney General's demand on the Indian gaming until such time that the State and the Indian tribes can work something out. Mayor Holt advised that some of the cities are sending representatives to a meeting in Washington D. C. on April 9th regarding this issue. Council Member Perkins pointed out that the City representatives aren't going in support or against the issue, but rather intend to ask the Federal government to let the State work it out. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 10 April 1, 1 997 Council Member Henderson felt that the Federal government should hold off on this for a while, noting that they've failed for four years to assist the State in this issue and now have suddenly decided to take action. SunLine Transit Agency/SunLine Services Group Council Member Adolph advised that the implementation plan for regional street sweeping was recently approved by the Board and the RFP's will soon be distributed. He further advised that they would be using vacuum equipment. Council Member Perkins understood that this would allow SunLine to assist the cities during big dust storms, but that most of it would continue to be handled by local agencies. All other reports were noted and filed. DEPARTMENT REPORTS A-2. REPORT ON AIRLINE SERVICES COMMITTEE BUDGET REQUEST. Council Member Henderson advised that she has a real problem with the funding request and questioned what they're doing, noting that the City gave them *20,000 last year and received only one report. She further advised that no one has contacted her since she was appointed about a month ago as the City's representative on the Committee. She felt that the funding should go toward marketing the Thermal Airport which she viewed as a sleeping giant. Mayor Holt suggested asking Nancy Doria to give a presentation to provide Council an opportunity to ask questions. She advised that CVB receives reports from the Committee on a consistent basis about how their work is affecting the valley. Council Member Henderson felt that CVB should be responsible for the Committee's work and didn't understand why it's funded separately. She was willing to let Ms. Doria give a verbal report, but wasn't sure that the work couldn't have been done by CVB. Mayor Holt felt that the Committee has done a tremendous amount of work and should be given the opportunity to answer Council's questions. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 . City Council Minutes 11 April 1, 1997 Council Member Perkins advised that he would support having Ms. Doria give Council a presentation. Council Member Sniff wished to have someone come from CVB as well to ask them if they can handle this and if not, why not. He*s never understood how such a small contribution is able to influence the major airlines. He agreed that some considerable thought should be given to helping the Thermal Airport and felt that it has the potential for being a greater value to this end of the valley later on down the road. He preferred sending money to them. Council Member Perkins suggested getting some input from the La Quinta Hotel and Council Member Adolph advised that they are very supportive of the CVB and the Airline Services Committee. A-5. TENTATIVE AGENDA ITEMS FOR APRIL 22ND CITY COUNCIL STUDY SESSION. Council Member Sniff questioned the time of the next Study Session and Mr. Genovese, City Manager, advised that it would be at 1:00 pm. Council Member Sniff wished to add the interview process for BoardslCommissions/Committees. Council concurred. In response to Council Member Henderson, Mr. Genovese advised that a discussion on the impacts of Proposition 218 will be included in the Lighting *& Landscape Assessment District Report. MAYOR AND COUNCIL MERIIBERS* ITEMS 1. THE USE OF LEAF BLOWERS IN THE CITY. Council Member Perkins wished to see the matter of leaf blowers agendized for discussion at the next Council meeting. Council concurred. Council recessed to the Financing Authority meeting. Council reconvened and recessed to the Redevelopment Agency meeting. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 1 2 April 1, 1 997 Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION Mayor Holt abstained from participating in Item No.1 as she has done consistently and both Mayor Hoft and Council Member Adolph abstained from participating in Item No.2 due to a conflIct of interest. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Stamko Development Co., Case No. INC 000492. 2. Conference with City's real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Highway 111 and Adams Street in the One-Eleven La Qulnta Center. Property Owner/Negotiator: Dick Oliphant. 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation Granite Construction, Case No. 086195. 4. Conference with legal counsel concerning anticipated litigation pursuant to Government Code Section 54956.9(b)(1) one case). Ms. Honeywell, City Attorney, advised that the existing facts and circumstances for the anticipated litigation Item No.4) exist in the form of a verbal threat to staff which has been memorialized in writing and is available for public inspection in the City Clerk's Office pursuant to Government Code Section 54957.5. For announcement of a decision on Closed Session Item No.3, see page 29.) 7:00P.M. PUBLIC COMMENT None BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 . City Council Minutes 1 3 April 1, 1 997 PUBLIC H*ARINGS 1. CONDITIONAL USE PERMIT 96-031, TENTATIVE TRACT MAP 28470, CHANGE OF ZONE 96-081, SITE DEVELOPMENT PERMIT 96-599, CERTIFICATE OF APPROPRIATENESS 96-001, AND ENVIRONMENTAL ASSESSMENT 96-333 FOR SUBDIVISION OF 747 ACRES INTO 242 CUSTOM RESIDENTIAL LOTS, AN 18-HOLE GOLF COURSE, CHANGE TO A PORTION OF THE EXISTING RL ZONING TO GC GOLF COURSE), A CONDITIONAL USE PERMIT TO ALLOW SIX RESIDENTIAL LOTS, TWO GOLF TEE BOXES, TWO STREETS IN THE HILLSIDE CONSERVATION ZONING DISTRICT, AND DEVELOPMENT PLANS FOR A CLUBHOUSE, MAINTENANCE BUILDING, CART BARN, AND HALF-WAY HOUSE TO SERVICE THE GOLF CARTS PROJECT LOCATION IS SOUTHERN TERMINUS OF WASHINGTON STREET AND EAST OF AVENIDA BERMUDAS. APPLICANT: TRADITION CLUB ASSOCIATES, LLC. Mayor Holt advised that this is a continued public hearing and, althbugh, the public hearing was closed at the last meeting, public comments would be received. Mr. Herman, Community Development Director, advised that on March 1 8, 1 997, Council asked the applicant and staff to address three different issues with the first being the location of the wall along Avenida Bermudas. In reviewing the applicantts illustrations, he advised that the setback for the meandering wall would range from 8-49 feet except for a 5-foot setback at the southerly end of the project, noting that the sidewalk increases from 5 to 8 feet wide at Calle Colima. The wall will include 6-7-foot sections made of wrought-iron-fencing wherever the wail meanders. Council Member Addlph advised that he didn't like the 1 20-foot stretch of wall up against the sidewalk and asked if it could be softened, possibly with a living fence. Mr. Herman advised that a retaining wall or berming would be necessary to move the wall back. Ms. Honeywell, City Attorney, advised that living fences are not allowed in the fencing ordinance. Mr. Herman then described the typical landscaping which includes groundcover, grass, trees, shrubs, etc., and he showed a picture of a typical white wall with squeeze j9ints and a cap on top. The second issue raised by Council was the pad heights along Ayenida Bermudas and he showed a cross BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 14 April 1, 1 997 section that depicted the slopes in various areas of the project. The last issue also dealt with pad heights. He advised that the centerline of those lots match the elevation of the existing Cove lots on the west side of Avenida Bermudas. However, because the proposed lots are much wider than the existing Cove lots 120-180 feet vs 50 feet), the north edge of the proposed lots may be slightly higher than the Cove lot directly across from the north edge of the proposed Tradition lot. For example, the longitudinal slope of Avenida Bermudas varies from 1 % to 2*7%, which means in the steepest location along Bermudas, the stepping" effect for the CO\,e lots is 1 35*feet from lot to lot, and the stepping" effect for Tradition lots varies between 1.2 feet to 4.8 feet. The net effect is the north edge of the Tradition lots can theoretically be as much as 1.1 feet higher than the cove lots across the street, however, in most cases the height differential is less than one foot. In response to Council Member Sniff, Mr. Herman advised that a retaining wall is required whenever the final grade is more than 18 inches unless there's sufficient property to have an adequate slope. In regard to the pad heights around the retention basin, he advised that a few of the interior lots are 3-10 feet higher than the lots on Avenida Bermudas, but most of them are the same or lower. The lots along Avenue 52 are 4 feet higher than the street. Council Member Adolph asked if the City Code specifies maximum height above the center line of the street and Mr. Herman advised that pad-height requirements in tracts are related to the interior lots and their relationship to each other. He noted that in non-gated communities, a 1 % slope from the rear lot to the front lot is required to insure adequate drainage to public streets, but the drainage from this project will be maintained on-site. He further advised that the lot heights are handled on a case-by-case basis. Council Member Sniff asked about the drainage of flood-waters from the mountains to the retention basin. Mike Rowe, 41-865 Boardwalk, Suite 101, Palm Desert, of Winchester Development, representing Cienna Corporation Tradition Club Associates, l-LC), felt that the town meeting held Monday evening resulted in some compromises and better understanding between the developer and the public. In regard to the thre* issues from the last meeting, he pointed out that the wall setbacks along Avenida Bermudas are not measured from the curb, but rather from the back of the sidewalk which adds an additional 8 feet to the setback, resulting in a 55-foot setback*from the curb at one point in the wall which is more generous than any other part of the valley. Wrought-iron fencing will be used at each meandering section to help break up the looks of the wall and he advised that turf is proposed for the perimeter landscaping, but will use desert BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 . City Council Minutes 1 5 April 1, 1 997 landscaping if that*s the desire of the community. Regarding the pad heights along Avenue 52, he advised that the grade along Avenue 52 is 03% and in order to have proper drainage, the grade along the interior streets is 05%. In reviewing the drainage plan, he advised that the drainage along Avenue 52 will be redirected to the project's retention basin to help alleviate flooding along Avenue 52, but in order to protect the homes in the project, the pads are stair- stepped with grade differentials being kept at a minimum and yet maintaining the integrity of the flood-control facilities. The interior pads are the same elevation or lower than the pads along Avenida Bermudas. In regard to the six lots in the Hillside Conservation Zone, he advised that the line of sight from the southerly end of the project is above the upper elevation of the those pads which are no higher than the existing pads on the west side of Avenida Bermudas. He pointed out that the six homes will not be built on the hillside, but rather in the Hillside Conservation Zone, noting that the developer is allowed to build 28 homes in exchange for the 280 acres of Hillside Conservation Zone property that they are deeding over as open space and when that amount is added to the six residential pads, the amount increases to 29 homes. The developer is only building six homes that will not be detrimental to the line of sight to the hillsides. The six pads are actually a reduction in both number and elevation from the previously-approved project and they're an integral part of the project. Council Member Henderson felt that the fencing and landscaping proposed by the developer would be fruitless as long as the straight sidewalk exists and suggested replacing it with a meandering sidewalk that is consistent in width and landscaped on both sides. She felt that it would go a long way in enhancing the visual look. Mr. Rowe agreed that the straight sidewalk would detract from the meandering of the wall, but pointed out that the project is conditioned to pay for the cost of the existing sidewalk Condition No.43) and they can't agree to pay for it twice. They're willing to take out portions of the sidewalk in order to meander the rest of it if they're allowed to use the funds they owe the assessment district for the existing sidewalk. Council Member Henderson felt that the developer should be able to use a fair share of that cost for the sidewalk. In response to Council Member Henderson, Mr. Rowe advised that the wall setback is reduced to 8 feet in some areas to show some architectural depth and the sidewalk in those areas is 8 feet wide. He further advised that a 6-foot high wall will be constructed on a 2-foot high berm in two areas where the lots are closer to the street to accommodate the Noise Study requirement for an 8- BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 1 6 April 1, 1 997 foot high sound barrier. They're also proposing to use a 2-foot high berm for visual effect wherever necessary throughout the entire length of the wall and he noted that it would also assist the drainage, especially in the 50-foot setback areas. In the southwest corner, the lots are about 1 5 feet below Avenida Bermudas and he advised that they would try to keep the wall back away from the sidewalk at the most southerly end of the project. Council Member Henderson referred to Condition No.9 which allows minimum widths to be used as average widths in meandering the wall and she advised that she wouldn't want to meander it any closer than 1 0 feet from the sidewalk to which Mr. Rowe advised that the southerlV end is the closest that the wall will be to the sidewalk. She agreed with looking for fairness in Condition No.43 for exchanging the funds to replace the sidewalk along Avenida Bermudas and felt that most of the other issues have been addressed, noting that the pad sites within 335 feet of Avenida Bermudas are limited to a 17-foot high building. She referred to Condition No.53 and suggested that the wall on the north side of Avenue 52 from Washington Street to the Citrus Golf Course, match the wall on Avenida Bermudas, instead of matching the Citrus wall which she didn't find attractive. Mr. Rowe advised that they wouldn't have a problem with that and noted that the wall on both sides of Avenue 52 from Washington Street to Avenida Bermudas will match the wall on Avenida Bermudas. He further advised that they could meander the wall on both sides of Avenue 52 if the setbacks will allow it. In response to Council Member Adolph, Mr. Rowe advised that none of the interior homes will be higher than the perimeter homes because the interior lots are 1 3 feet lower in elevation. In response to Council Member Sniff, Mr. Rowe advised that the line of sight for the six lots, were taken from the pads on the west side of Avenida Bermudas, with the assumption that any further back, the line of sight would be blocked by existing homes, but residents traveling down Avenida Bermudas will be able to see farther into the project. He then presented a picture to show that mature landscaping on either side of the wall would not block the mountain view and pointed out that the mountains on the west side of the Cove are visible above the mature landscaping of the houses. between there and Avenida Bermudas. He advised that the purpose of the wrought-iron fencing is to break up the linear look of the wall and as the landscaping matures, it will block some of the view through the fencing. He stated that they *re cognizant of the fact that the mountains are a part of the Cove as BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 1 7 April 1, 1 997 residents travel along Avenida Bermudas and he believed that they would still be seen over this project. Council Member Sniff felt the view of the mountains should be retained as much as possible and asked if the retention basin would be able to hold run-off from the Cove and the detention basins south of Calle Tecate to which Mr. Rowe advised that the basin would handle a 100-year storm, which is 520-acre feet of water, and even more. Council Member Adolph briefly reviewed what has transpired with the project so far and felt that, although Council can't undo what has already been done, they can tighten up the controls on the Hillside Conservation Zone regulations. He pointed out that the grading permit was issued last December in an effort to be a user-friendly City, but advised that he would not approve grading permits in the future without seeing a grading plan, noting that Council did not receive a grading plan until a month ago. It was his understanding that only the golf course would be pre-graded, but it*s obvious that the developer did much more than that. He asked about the location of the six sensitive areas that weren't to be graded until a final grading plan was approved. Mr. Speer, Senior Engineer, advised that the six areas are: 1) the area of the six lots, 2) the toe of the slope near the six lots, 3) the alluvial fan where the golf tees are proposed, 4) another area at the toe of the slope for golf tees, and 5 and 6) at the point of the rock near old Avenue 52. He advised that none of these areas have been graded, noting that the dirt piled higher than the toe of the slope is not against the rock. Council Member Adolph pointed out the differences between the Tradition project and the previously-approved tract map, which is still valid and needs no further approval, noting that the density of the Tradition project is lower and that six homes are proposed in the hillside area instead of eight. In response to Council Member Adolph, Ms. Honeywell advised that the Council does not have a right to revise the existing approved tract map unless it's requested by the developer. Council Member Adolph believed the intent of the Hillside Conservation Ordinance is to protect the hillsides and ambience of the area and he noted that the developer has been asked to take that into consideration. He felt that he must respect the rights of both the developer and the community and hoped that this wouldn't set a precedent that would go beyond the intent of the ordinance. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 18 April 1, 19* Kay Wolff, 77-227 Calle Ensenada, spoke in reference to the telephone poll reported in the Desert Sun which stated that 75% of those polled supported the project. She advised that her husband was one of those polled and that she felt the poll was misleading and in some ways fraudulent because he was never directly asked if he was in favor or against any portion of the project and was told that the poll was representing the registration of voters." They asked him to rate the performance of the individual Council Members and answer whether or not he felt that property owners should be able to build on their own property. They also asked if he was familiar with the Hillside Development Zone, the Arnold Palmer Traditions, and the issue of the six home sites. He was asked to respond to a series of questions about the project that called for indirect answers instead of yes or no and with threatening implication, they asked if he was cognizant of the fact that the City could face litigation if the Council didn't vote a certain way. She urged Council to vote no on the six home sites. Joan Reblch, 53-810 Avenida Cortez, was disappointed in the developer's disregard of the people in regard to the preservation of La Quinta's mountain landscape. She felt that the survey questioned the competence of the Council whom she had confidence in that they would listen to the electorates' disapproval of the six lots. She felt that the mountains should be preserved for the community's grandchildren and that approval of the six lots would set a precedent. She urged Council to listen to the people. Arthur Attenbach, 52-985 Avenida Bermudas, understood that there would only be a 10-foot setback from the park to half way up Avenida Bermudas and noted that if it's measured from the curb, it would only leave 18 inches for landscaping which he felt was insufficient. He was definitely against putting anything in the hillside conservation area and advised that he was unaware of the previously*approved project and felt that the Council had done a disservice to the people by not reporting it. He commented on the noise that would bounce off the development's wall and across to the west side of the street and felt that the speed limit on Avenida Bermudas should be reduced. Lastly, he felt that the project should have to maintain the same lighting standards as the rest of the Cove to preserve the dark sky. Jack Wilson, 53-960 Avenida Montezuma, felt most of the issues could be properly mitigated, but urged Council to not succumb to subtle threats, but rather unconditionally, reject the six lots in the hillside area. He further urged Council to support the intent of the City Code, even if it's a bit shaky legally. Jeff Smith, 5*631 Avenida Alvarado, referred to one of the poll questions that asked wouldn't you rather have six lots instead of the eight lots that are BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 . City Council Minutes 19 April 1, 1 997 a already approved." He urged Council to resist the pressure of their threats to go ahead with the eight lots and to take back the acreage of unused hillside zone property that they donated. He felt the community would support Council in preserving the hillsides that are not interpreted as such by the developer. He believed that it's a quality project and that the compromises on the wall are an improvement, but felt that the developer has gone too far with the hillside development which is the most important issue. Fred Wolff, 77-227 Calle Ensenada, congratulated the Council Members who were responsive to their electorates at the last meeting and stated that he's rarely seen a stronger feeling from the community than he's seen on this issue. He felt that the developer's efforts to sway the community were unethical and urged Council to stand firm against the six lots. He further felt that the only option the community will have left if the Conditional Use Permit is approved, is to draft a referendum and seek an injunction against the project. Dennis Chappel, 74-856 Joni Drive, Suite A, Palm Desert, President of Desert Contractors' Association, advised that he respects and shares the compassion of those who love the hillsides, but felt that regulations should be in place before a project gets to this point. Otherwise, the developer, in good faith, spends a lot of money putting a plan together and after receiving Council approval, receives opposition from the community that may stop the development, which he believed was unfair. He believed the developer has met all of the requirements and urged Council to approve the project. George Gemette, 49-614 Avila Drive, of Desert Contractor's Association, spoke in support of the project. Ty Broadhead, 53-395 Avenida Bermudas, advised that he lives directly across from the proposed six lots and felt that it's a no brainier" that this project should go forward and felt that the proposed plan is better than the old one. He believed that the project is an asset to the community and that the six lots that are prime property, will help make the project successful. He pointed out that the developer has been kind enough to let the community hike in this area for years, but he owns the property and has the right to develop it, much like anyone else who might wish to build a house on their lot in the Cove that may block the neighbor"s mountain view. He urged Council to not let the threats detour them from doing what's right, pointing out that a number of people make up the silent majority and that a lot of people didn't come to this meeting because they're not concerned about this project. Dan Thillens, 52-920 Avenida Rubio, spoke in favor of the project and the revisions that have been made and felt that it would be nice to look at beautiful BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 20 April 1, 1997 landscaping on the east side of Avenida Bermudas as opposed to cars parked on lawns, garbage cans, and other unsightly things that are seen on the west side of the street. He and his family are looking forward to anything that will enhance and beautify the City. Diana Garcia, 78-825 Nolan Circle, felt that not all of the citizens are against the project, but rather believed that most of them are concerned about responsible progression within the City. She felt that the developer has met the established guidelines and has tried to dispel the rumors as well as doing everything they can to mitigate the concerns. She supported the project and felt that it will help beautify the Cove. Jeff Hayden, 79-310 Spalding, Bermuda Dunes, Vice President of Desert Contractors' Association, felt that the developer has exercised a lot of compromise in this project and advised that he supports it. Mike Wales, 52-870 Avenida Montezuma, spoke in support of the mitigation measures that have been made and felt that with a few more changes, it would be a great project for everyone and he thanked Council for their careful consideration of the project. Joseph De Francesco, 5*1 85 Avenida Madero, spoke in opposition to the six lots and felt this matter should be continued until the drainage plan is confirmed by State engineers. Fred Wilson, 77-270 Calle Chihuahua, spoke in support of the project and the developer, but didn't understand why the six lots are such an integral part of the project and felt that the project could go forward without them. He felt that the developer's current plans are designed to maximize a return on their investment and that it boils down to money and a willingness to go against the wishes of the people. He believed that probably 97% of the people approve of 97% of the project and agreed that the developer has an opportunity to make a grand gesture by yielding on the six lots. He felt that if the developer would look at the big picture and evaluate the options, they will see that elimination of the six lots will be their best economic decision should the Council stand firm as it has in the past and he urged Council to do the right thing. Katie Barrows, 53-298 Avenida Montezuma, agreed that most of the community strongly supports this project and *dvised that she's looking for Council's support for the elimination of the six lots which she felt are not necessary to the project. She referred to the large opposition of the six lots at the last meeting and felt that Council may have legal cause to approve the BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 21 April 1, 1997 project, but pointed out that they also have an opportunity to deny the six lots as requested by the people. She didn*t feel that the developer would carry through with their threat of moving forward on the previously-approved project because she didn't believe that they would build a project that's not economically viable and good for the community. She hoped that Council would do what's good for the community and believed the Hillside Conservation Ordinance should be reviewed again for needed improvements. Peggy Gofdon-Lyon, 52-92Q Avenida Montezuma, a real estate broker for 35 years, felt that most of the those who bought homes in La Quinta weren't aware that the Hillside Conservancy area is privately owned and didn't expect any building to ever be dorie in those areas. She also felt that there's a lack of communication between the Council, Planning Commission, real estate brokers, and the homeowners who purchased homes here because of the mountains. She believed that it's a good project and that removing six lots wouldn't change its viability, but rather would cause the community to support it. John Guenther, 53-235 Avenida Bermudas, referred to some pictures and a letter that he sent to Council as well as his experience in this type of business and stated that he's delighted with the developer's plans. He believed that the completion of this project would further enhance the community. He felt it would be great if the area could be retained as desert property, but pointed out that that's not possible because it's private property that the developer has a right to develop and he felt that no matter how it's developed, it's not going to please everyone. Unless the Council has a legal right to deny the six lots, he believed they have the fiduciary responsibility to allow the developer to continue with this project. Doug Hasseti, 5*8OQ Avenida Rubio, asked if Council could deny the six lots without a legal battle and he commented on the community involvement in this issue, noting that they only want what is best for the community. He felt that it's going to be a wonderful project, but was concerned about retaining the conservancy area. He questioned the value of the six lots to the project, pointing out that when animals come down from the mountains, they cause a lot of landscaping problems that he, personally, wouldn't want to deal with. He. felt the hillside area should be preserved for the animals that live there and advised that he didn't understand why the previous approval is still good and not a thing of the past. Janet Hamilton, 5*528 Oak Tree, felt that approval of the six lots would set a precedent and was concerned about the developer being able to rely on a BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 22 April 1, 1997 prior tract map that she felt was probably a mistake and could be argued in court. She urged Council to rely on the Hillside Conservation Ordinance. Cynthia Caslo, 52-370 Avenida Juarez, expressed compassion for the developer in having to deal with a Council that she felt was out of touch with the community and she questioned why she didn't receive a public hearing notice. She was concerned about the traffic issue not being addressed as well as the Indian burial ground that she understood exists on the site. She urged Council to deny the six lots and asked Mayor Holt to abstain from voting on this issue since she's not a full-time resident of the City. Craig Bryant, 41-865 Boardwalk, Suite 101, Palm Desert, of Winchester Development, advised that the six lots are not in the hillside and pointed out that 30% of the Cove is higher in elevation than those lots. He felt that those who know anything at all about development could understand why the six lots are extremely germane to the success of the project. John Ivancich, 53-600 Avenida Montezuma, was concerned about how the increased traffic at Washington Street and Highway 111 would be handled and questioned the allowance of a six-foot wall on top of a two-foot berm, noting that no one else is allowed to build an eight-foot high fence. He suggested placing the wall behind the berm and felt that there should be more open spaces along the wall. He agreed that the sidewalk should undulate with the wall. Ms. Honeywell addressed two legal issues brought up during public comment1 advising that the normal life span of a final tract map is two to three years and up to two, one-year extensions are sometimes granted by the City. However, due to the economy, the State has also granted automatic extensions to tract maps during the last four or five years which has affected the expiration date of the existing tract map. In regard to the relationship of this project* and the Hillside Conservation Ordinance, she advised that the intent of the ordinance was to protect the hillsides to the greatest degree possible, considering both Federal and State Constitution provisions against taking private property without just*cornpensation. She advised that adoption of the ordinance was very controversial for some because it allowed private property owners to develop residentia* houses 1 per 10 acres) in the hillside areas where the grade is below 20%, but the purpose of that provision is to protect the ordinance from being attacked as unconstitutional. Since the six lots are in an alluvial fan, they require a Conditional Use Permit analysis, but she pointed out that they are mostly below the toe of the slope. The ordinance provisions for lots below the toe of the slope, allow one lot per 10 acres and the transferring of those lots to a more dense area if they're not built above the toe of the BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 23 April 1, 1 997 slope. The developer is giving 280 acres of hillside property into a conservation easement that can never be built on, which she pointed out is the main purpose of the ordinance. She advised that in return, the six lots will be clustered in a more dense phase than the one per 1 0 acres that's allowed, noting that the ordinance would allow them to cluster up to 28 lots, in theory. Staff has determined by the analysis, that the project meets the basic requirements and intent of the ordinance by preserving 280 acres. The preservation of the 280 acres requires approval of the six lots, but staff and Council are comfortable that this exchange meets the constitutional allowance for a fair return on the developer's investment of their private property. In response to Mayor Holt, Mr. Herman advised that the developer is required to prepare an archeological report and have monitors on site and added that the mortars and Indian areas, including the cremation site, will be preserved on-site. He further advised that a major portion of the Indian artifacts were destroyed by CVWD during construction of the flood-control facilities in the area of the six lots. He advised that CVWD, who is responsible for the flood- control facilities, has reviewed the project's grading plan for compliance with regulations. In regard to traffic, he advised that the General Plan requires Washington Street to eventually be developed into six lanes which will accommodate the traffic from this project and any remaining developable properties in the City. Regarding the eight-foot high wall, he advised that under the 1 985 and 1 992 General Plans, noise studies are required for all new developments in an attempt to limit the noise impact on surrounding properties. The noise study for this project requires an eight-foot high wall in some areas which will consist of a six-foot high wall on a two-foot high berm, such as has been required in other parts of the City. In response to Council Member Adolph, Mr. Herman advised that the General Plan defines open space as areas including outstanding and significant natural andlor. manmade features that contribute to the preservation of natural resources, the management production of resources, the reservation of areas for outdoor recreation, including the demands for trail-oriented uses and the protection of public health and safety. He noted that the green area on the map is designated as open space, with the majority of it being a part of the Hillside Conservation Overlay District. Regarding the definition for toe of the slope, he advised that one or more of the four criterias in the Hillside Conservation Ordinance may apply for determining the toe of the slope. The first criteria used is the point where water-borne alluvial material, not exceeding 20% slope, begins to collect at a depth of one foot or more which means that anything above 20% slope is not buildable except for hiking trails, etc. The second criteria used is the dividing line between the steeper rock formations and the more gently sloping alluvial fan. The third and fourth BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 24 April 1, 1 997 criterias are where the slope grade exceeds 20% and where areas are unprotected from flooding potential, i.e an area above the uppermost flood- control structure that intercepts runoff and diverts it to a stormwater channel. The six lots in this development are allowed by the ordinance because they're below the 20% slope and have an engineered flood-control system around them to handle water runoff. In regard to the definition of alluvial fans, he advised that they are fan-like land surfaces of deposited material created from the results of rain water that are level or gently sloping, flat, or slightly undulating. In response to Council Member Henderson, Mr. Herman confirmed that the project must comply with the Dark Sky Ordinance and that the 1 0-foot setback along Avenida Bermudas is measured from behind the sidewalk or City right-of- way, not from the curb as mentioned from the audience. He pointed out that Avenida Bermudas, Avenue 52, and Jefferson Street are all four-lane facilities and confirmed that Washington Street is no where near buildout. As development occurs, the project is conditioned to install the portion of improvements that are adjacent to the project, but it cannot be required to make improvements at Washington Street and Highway 111. Council Member Perkins felt that the traffic at Washington Street and Highway 111 would move very well when the current improvements are completed and further felt that the only blockage on Washington Street is the bridge that's south of Avenue 50 and the Council is in the process of addressing that. He asked about the distance of the six lots from Avenida Bermudas which Mr. Herman advised is 2000+ feet. Council Member Perkins pointed out that the roof tiles of the six homes would be desert hue colors and some distance from Avenida Bermudas. Council Member Sniff read some of his comments from the City Council Minutes of September 19, 1989 in which he didn't support the Hillside Conservation Ordinance and he advised that his feeling haven't changed as it is not clear enough or strict enough. He felt the project would be a major asset to the City, but was hoping that the developer v*iould withdraw the six lots. He also questioned how the six homes would be protected from runoff from a major storm or from the effects of an earthquake and advised that he felt the six. homes would be'put at significant risk. He believed that withdrawal of the six lots would be a very positive action. Mr. Rowe advised that provisions are being made for the safety of the six lots by providing the necessary grading to make a true analysis of what's being built and by providing a setback and rock wall to protect them from rock slides. The runoff will be contained in a channel routed around the homes and down BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 25 April 1, 1 997 into the existing flood-control facilities and he pointed out that the water would come down the mountain in intervals, not all at once. The flood-control facilities are designed to handle the peak flow and the retention basin is designed to hold the*total volume. He advised that the engineers from CVWD have checked their plans and are making sure that all necessary criteria is being met to insure the safety of those homes. He didn't know the individual depths of the channels around the homes because they vary according to the amount of water they will carry, but advised that the information is contained in the Hydrology Report. He advised that the main retention basin will hold 520-acre feet of water and an additional 220-acre feet can be retained in other basins on the property. In regard to the runoff from thA Cove, he advised that two major stormdrain pipes*carry runoff from the Cove onto their property and that CVWD has determined that the design of the flood-control facilities have not changed except to increase in protection. He then referred to the requested information from the Hydrology Report and advised that the channel around the six lots is 20 feet wide and 2 feet deep and would carry runoff from a 100-year storm 200 CFS or cubic feet per second) which is four inches of rain per hour. Additional runoff is collected at the bottom of the channel which is 20 feet wide and 2Y2 feet deep and carries 400 CFS. Council Member Adolph read excerpts from the Hillside Conservation Ordinance and stated that he wasn't sure that the regulations are being enforced. He didn't view the location of the six pads as an alluvial fan, but rather many years of rock debris, filled in with gravel and debris from the hillside. He felt that in many cases there's more than a 20% slope and he has a problem with determining that it's not part of the hillside. He's fully in favor of the project, but has a problem with the City approving the six lots when there's so many grey areas in the ordinance. He advised that he was in a state of trying to balance the rights of the developer to proceed, yet do it in the intent of the ordinance to protect the hillsides. He wasn't sure that it would be proper to approve the project, noting that it could be brought up again, and felt that it's obvious that the City's ordinances need to be tightened up. In response to Council Member Perkins, Ms. Honeywell advised that the only way the City could be responsible for risk to the six homes is if it's shown that the City relied unreasonably on engineering that had some design defect. She advised that the Council is responsible for relying on the professional facts presented to them and pointed out that a 1 00-year storm is a well-recognized standard. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 26 April 1, 1997 RESOLUTION NO.97-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ENVIRONMENTAL ASSESSMENT 96-333 FOR TENTATIVE TRACT MAP 28470. CONDITIONAL USE PERMIT 96-031, AND CERTIFICATE OF APPROPRIATENESS 96-001, FOR A 242-LOT COUNTRY CLUB WITH AN 18-HOLE GOLF COURSE; LOCATED AT THE SOUTH TERMINUS OF WASHINGTON STREET AND EAST OF AVENIDA BERMUDAS TRADITION CLUB ASSOCIATES, LLC). It was moved by Council Members Henderson/Perkins to adopt Resolution No. 97-26 as submitted. Council Member Perkins advised that he doesn't operate under the threat of recall, but rather bases his decisions on what he feels is best for the City. Due to the distance of the six houses and their construction, he felt their visibility at a distance would be minimal and he advised that he didn't see it as hillside development. He believed that La Quinta has the most restrictive ordinance in the valley and that this project is in compliance with it. He further believed that the project will be good for the City and will help stimulate the downtown area in the Cove. Mayor Holt commented about how difficult it is to make a decision in situations like this and how she has worked hard to preserve the hillsides. She advised that she was totally against the six homes or anything else being built close to the hillsides and preferred that they would go away. However, after a lot of research, she believed the project meets the requirements of the ordinance which'she felt needs a close review. Council Member Adolph agreed that La Quinta must have the most restrictive ordinance in the valley because it's the only City that doesn't have homes in the hillsides, but he felt that it should be even more restrictive. In response to.Mayor Holt, Ms. Honeywell recommended adding a condition to the tract map that would make the developer responsible for any litigation that might ensue regarding this project. Motion carried with Council Member Adolph voting NO. MOTION It was moved by Council Members Henderson/Sniff to take up Ordinance No.304 by title and number only and waive further reading. Motion carried with Council Member Adolph voting NO. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 27 April 1, 1997 ORDINANCE NO.304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM RI LOW-DENSITY RESIDENTIAL) TO GC GOLF COURSE) ON A PORTION OF TENTATIVE TRACT MAP 28470, GENERALLY LOCATED AT THE SOUTH TERMINUS OF WASHINGTON STREET AND EAST OF AVENIDA BERMUDAS TRADITION CLUB ASSOCIATES, LLC). It was moved by Council Members Sniff/Perkins to introduce Ordinance No. 304 on first reading. Motion carried by the folIowing* vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Holt NOES: Council Member Adolph ABSENT: None ABSTAIN: None RESOLUTION NO.97-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT OF LOTS 230.231, 232, 233, 234, AND 235, STREET LOTS AA & R, AND GOLF TEE BOXES FOR TEE NOS. 17 AND 18 IN THE HILLSIDE CONSERVATION OVERLAY DISTRICT WITHIN TENTATIVE TRACT MAP 28470, GENERALLY LOCATED AT THE SOUTH TERMINUS OF WASHINGTON STREET AND EAST OF AVENIDA BERMUDA S CONDITIONAL USE PERMIT 96-031 TRADITION CLUB ASSOCIATES, LLC.) It was moved by Council Members Henderson/Perkins to adopt Resolution No. 97-27 as submitted. Motion carried with Council Members Adolph and Sniff voting NO. RESOLUTION NO.97-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 242-RESIDENTIAL-LOT SUBDIVISION, AN 18- HOLE GOLF COURSE, AND A COUNTRY CLUB ON 746.6 ACRES, GENERALLY LOCATED AT THE SOUTH TERMINUS OF WASHINGTON STREET AND EAST OF AVENIDA BERMUDAS TENTATIVE TRACT MAP 28470- TRADITION CLUB ASSOCIATES, LLC). BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 28 April 1, 1997 It was moved by Council Members Henderson/Sniff to adopt Resolution No. 97-28 as amended Condition No. 9(B) adding 1with the exception of the southwest corner which will provide some landscaping between the fence and the sidewalk," eliminating minimum width may be used as average widths," and adding the applicant shall remove the existing sidewalk along Avenida Bermudas and replace it with not less than a five-foot or more than a six-foot meandering sidewalk;" Condition No.43 adding to the first sentence, the developer is eligible for credits equal to the Cost of removing and reconstructing the sidewalk along Avenida Bermudas as required in Condition No.9;" Condition No. 53(B)(3) changed to read, the applicant*s wall design along the north side of Avenue 52;" and, adding Condition No. 86 to read, The developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation rising out of the City's approval of the mitigated Negative Declaration for the Conditional Use Permit and/or Tract Map for this project." Mr. Speer noted that the sidewalk on Avenida Bermudas can be reduced to six feet since Council has recently approved a five-foot wide bike lane in the street. Motion carried unanimously. RESOLUTION NO.97-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT OF A CLUBHOUSE, CART BARN, MAINTENANCE BUILDING, HALF-WAY HOUSE, AND MAIN ENTRY FOR A PRIVATE COUNTRY CLUB DEVELOPMENT WITHIN TENTATIVE TRACT 28470, GENERALLY LOCATED AT THE SOUTH TERMINUS OF WASHINGTON STREET AND IEAST OF AVENIDA BERMUDAS SITE DEVELOPMENT PERMIT 96-599 TRADITION CLUB ASSOCIATES, l-LC). It was moved by Council Members to Henderson/Sniff adopt Resolution No. 97-29 as amended Condition No.8 adding, or as approved by Riverside County Fire Marshall"). Motion carried unanimously. BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02 .City Council Minutes 29 April 1, 1997 RESOLUTION NO.97-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING VARIOUS MODIFICATIONS FOR THE REHABILITATION AND PRESERVATION OF THE HACIENDA DEL GATO, IMMEDIATE LANDSCAPING AND DRIVEWAY AS PART OF THE PROPOSED TRADITION CLUB DEVELOPMENT, GENERALLY LOCATED AT THE SOUTH TERMINUS OF WASHINGTON STREET AND EAST OF AVENIDA BERMUDAS CERTIFICATE OF APPROPRIATENESS 96-001 TRADITION CLUB ASSOCIATES, LLC). It was moved by Council Members to HendersoniSniff adopt Resolution No. 97-30 as submitted. Motion carried unanimously. The City Attorney announced that the City Council concluded a Closed Session pursuant to Government Code Section 54956.9(a) and took action to approve a settlement agreement with Granite Construction Company, advising that the terms of such agreement will be available in the City CIerk*s Office after execution. There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Respectfully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 06-19-1997-U01 10:40:32AM-U01 ADMIN-U01 CCMIN-U02 04-U02 01-U02 1997-U02