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1997 07 01 CC Minutes/ LA QUINTA CITY COUNCIL MINUTES JULY 1, 1997 Regular meeting of the La Quinta City Council 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 Dennis Chappel, P.O. Box 101 90, Palm Desert, President of Desert Contractors Association, read a letter from the Association which stated that they are concerned about the pending legal activities between La Quinta, Indio, and the County of Riverside and its effect on the construction industry in the valley. They feel the jurisdictions should work together to build a strong economy rather than spend tax dollars for political battles. They support the auto dealers moving to either of the proposed auto malls because they believe that free enterprise and competition is what makes the valley strong. They further believe that legal maneuvering and political gamesmanship shouIdn*t overshadow common sense and sound business judgement for the overall good of the eastern valley and they urged dismissal of all legal actions. Bob Corrado, 100 Civic Center Mall, lndio, City Attorney for the City of Indio, read a letter authorized by the Indio City Council which referred to the cost and counter productiveness of protracted litigations between neighboring cities. He advised that they are offering a compromise that is conceptual in nature, but one that they feel can serve as a foundation wherein both cities can proceed with their proposed auto malls without any further interference from each other. Their offer of compromise is as follows: 1) that lndio, La Quinta, and Stamko Development dismiss all current court actions related to the proposed auto malls in lndio and La Quinta; 2) that lndio, La Quinta, and Stamko Development agree to not sue each other or the County of Riverside and let both projects proceed; and 3) that lndio and La Quinta agree to not interfere, directly or indirectly, with the development of either auto mall. On behalf of the lndio City Council, he urged the City and Stamko Development to meet with them in settlement discussions and advised that lndio is prepared to stipulate a standstill to all current litigation in order to create a climate more conducive to settlement and to remove any artificial deadlines placed upon any party by the courts. Christine Clarke, 10100 Santa Monica Boulevard, Suite 400, Los Angeles, General Partner of Stamko Development, advised that she has just received the letter from lndio and didn't*t wish to respond since her attorneys haven*t had an opportunity to review it, except to reiterate her comments of November 1996. She advised that Stamko believes in free enterprise throughout each of these cities and that she, too, BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 /City Council Minutes 2 July 1, 1 997 agrees that both auto malls should be allowed to proceed and that free enterprise should be allowed to take its toll. She commented on her lndio project and how she has given them one of their most beautiful projects and expressed disbelief in how they've treated her in regard to her La Quinta project. However, she wished them well with their auto mall. CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of June 3, 17, and 18, 1997 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF THE LA QUINTA CHAMBER OF COMMERCE REQUEST FOR FUNDING FOR FISCAL YEAR 1997/98 CONTRACT SERVICES AGREEMENT IN THE AMOUNT OF $162,200. Mr. Weiss, Assistant City Manager, advised that the proposed contract is consistent with last year's contract with the exception of some changes in the scope of services in accordance with the proposal submitted by the Chamber. Robert Tyler, 44-21 5 Villeta Drive, advised that he believes the Chamber's rote is important, but he questioned the amount of the proposed contract given the other financial demands on the City's limited funds. He then commented on the shortfall in the budget and the reluctance of three Council Members to consider any significant reduction in the activity level or funding level for the Chamber. He felt the 1 % reduction proposed by the Chamber was a slap in the face and suggested that they consolidate their offices and close the one in The Village instead of spending $16,000 to enhance it. He stated that none of the other BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 / II City Council Minutes 3 July 1, 1997 cities in the valley fund their Chambers to the same extent that La Quinta does. He felt that Proposition 218 has made it very difficult for the City to remain status quo with funding requests and that each Council Member must objectively resolve the current fiscal challenges of the City, rather than seek to retain status quo for their favorite project. He urged Council to make some serious, meaningful reductions in the proposed level of effort and funding for the Chamber. Council Member Sniff felt that the proposed funding would be money well spent in the context of the City's need for economic development and that the expenditure would be rewarded through business support, retention, and solicitation. He felt it's imperative that the City move forward on the economic business front because it's the City's future and that the Chamber is an integral part of that process. MOTION It was moved by Council Members Sniff/Adolph to approve the La Quinta Chamber of Commerce funding request for $162,200 for Fiscal Year 1 997/98 and authorize the Mayor to execute the Contract Services Agreement. Council Member Perkins advised that he would not support the funding request because he was disappointed that the Chamber has failed to cooperate with the City in reducing their budget. He still questioned the $4,500 for the Mayor's Luncheon and felt that it's ludicrous for the City to be providing more than 50% of the Chamber's budget. He was curious to know why they've been reluctant to share their budget with the Council until recently. He supports the Chamber, but pointed out that they only represent one third of the La Quinta-based businesses and advised that he's disappointed with a 1 % reduction because he's been asking for 10%. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO.97-113. 2. CONSIDERATION OF DESIGN CONCEPTS FOR IMPROVEMENTS TO FRITZ BURNS PARK. Mr. Vogt, Public Works Director, advised that on May 6, 1 997, Council approved a prioritized list of park improvements prepared by the Parks & Recreation Commission. The total estimated cost of the items on the list is $754,400 and the amount of funding available at this time is approximately $144,000. He advised that Community Works Design Group, formerly of T. I. Maloney, has completed the design for the first four projects and has coordinated the design with the functional artwork/playground equipment BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 /City Council Minutes 4 July 1, 1 997 approved for the park. The original cost estimate for the improvements was $135,000 and the cost estimate prepared by Community Works Design Group is $199,000, but in order to bring the projects within budget, the Parks & Recreation Commission and staff have reduced the cost estimate to $1 15,000 by eliminating some of the items as outlined on Page 3 of the report. He advised that the Parks & Recreation Commission has prioritized five add- alternates that will be included in the bid documents. Staff recommended approval of the design concept and authorization for staff to proceed with the final construction drawings and bid documents. In response to Council Member Adolph, Mr. Vogt advised that the meandering sidewalk between the child and tot play areas has been eliminated. In response to Council Member Adolph, Tim Maloney, 3750 University Avenue, Suite 1 75, Riverside, of Community Works Design Group, advised that both a tubular fence and living fence are proposed because it will take two to three years for the five-gallon plants to reach four feet in height. Council Member Adolph pointed out that if the pool is built, that another fence would be built in the park and suggested cutting back on the tubular fence. Mr. Vogt advised that the living fence is fifth in priority on the add-alternate list. In response to Council Member Adolph, Mr. Vogt advised that shade structures for the playground are add-alternate #1. Council Member Sniff felt that it's more important to have the tubular fence because it will be functional immediately, providing both instant security and visibility. In response to Council Member Sniff, Mr. Maloney advised that the artwork/playground equipment is an integral part of the project and will move forward along with the park improvements. Council Member Henderson felt it's incredible that Council would consider moving forward with doing less than what's needed at the park, noting that $518,000 is being held hostage for a pool that may or may not ever happen. She believed that even if the pool is built, that the proposed improvements are substantially less than what they should be and didn't understand why the City is making Cuts in every aspect and yet fails to stand firm in asking for a cut from the Chamber. She appreciated the time that the Commission has spent on this, but advised that she couldn't support reducing the project by one third. BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 / City Council Minutes 5 July 1, 1 997 Council Member Perkins also appreciated the work that's gone into this and felt that a 30% reduction is admirable, but he was disturbed that in trying to provide for the children and adults, that Council has turned its priorities upside down. He felt the park should have everything it was originally designed for and that Council should give serious thought to finishing it. He couldn't see spending money for a pool that will only be open for two months out of the year when the park is available all year round. Council Member Sniff pointed out that the original design included a pool and advised that he felt the design concept is good and that the proposed improvements are a major step that will vastly improve the park. He advised that he would not support using the $518,000 for anything other than a pool until the pool issue has been determined, noting that Council is currently waiting for CVRPD to resolve their assessment issue. In response to Council Member Adolph, Mr. Maloney confirmed that the original design for the aquatics complex did not include the proposed playground equipment. In response to Council Member Sniff, Mr. Maloney advised that no playground equipment was eliminated. He recommended leaving the sidewalk between the two play areas in order to define the two areas for liability purposes and noted that the 36-inch box trees were intended to provide instant shade for the benches. Mr. Genovese, City Manager, noted that the sidewalk could be added as an add- alternate. Mr. Maloney advised that approximately $1 70,000 worth of improvements would be designed and that Council would decide which ones to go forward with. In response to Council Member Henderson, Mr. Vogt confirmed that the first four projects on the prioritized list that Council directed staff to move forward with, have now been reduced by the Parks & Recreation Commission by $72,000 due to the cost estimate coming in at $198,000. Mayor Holt felt that it's a matter of perspective and priorities on how the money should be spent and believed that the proposal is a good healthy beginning. MOTION It was moved by Council Members Sniff/Adolph to approve the design concept for the Fritz Burns Park improvements and authorize staff to proceed with the preparation of final construction drawings and bid documents. BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 /City Council Minutes 6 July 1, 1997 Council Member( Henderson thanked the Parks & Recreation Commission for their hard, dedicated work in reducing the proposal, but advised that she would not support the proposal with the deletions and add-alternates because she felt the park deserves more than what it's getting. Council Member Perkins expressed appreciation for the effort and hoped that with this beginning, the park would someday have all of the amenities and designs it was intended to have. He advised that he would support it because it is a beginning. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO.97-114. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 1, 1997. 2. APPROVAL OF OVERNIGHT TRAVEL FOR THE DIRECTOR OF BUILDING AND SAFETY TO ATTEND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' ANNUAL BUSINESS MEETING IN PHOENIX, ARIZONA, SEPTEMBER 22-25,1997. 3. APPROVAL OF NEW TITLE, CLASSIFICATION, AND JOB DESCRIPTION FOR CHANGING PARKS & RECREATION DIRECTOR TO COMMUNITY SERVICES DIRECTOR. 4. APPROVAL OF A SETTLEMENT AGREEMENT IN THE 0CM LITIGATION WITH: 1) ALPINE BANKS, 2) STOCKTON SAVINGS, AND 3) SAN DIEGO POOLED INVESTMENT PROGRAM AUTHORITY. 5. APPROVAL OF PARKS & RECREATION COMMISSION FISCAL YEAR 1997/98 WORK PLAN. 6. ADOPTION OF A RESOLUTION PROVIDING WORKERS' COMPENSATION COVERAGE FOR CERTAIN CITY VOLUNTEERS PURSUANT TO THE PROVISIONS OF SECTION 3363.5 OF THE LABOR CODE. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE SENIOR MANAGEMENT ASSISTANT TO ATTEND THE MUNICIPAL MANAGEMENT ASSISTANTS OF SOUTHERN CALIFORNIA ANNUAL CONFERENCE IN VENTURA, AUGUST 6-8, 1997. BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 / City Council Minutes 7 July 1, 1 997 8. APPROVAL OF ADDING THE PROPOSED TRAFFIC SIGNAL AT HIGHWAY 111 AND HOME DEPOT TO THE CALTRANS/CITY OF LA QUINTA ALTERNATIVE ELECTRICAL AGREEMENT NO.11-5172. 9. APPROVAL OF THE MEMORANDUM OF UNDERSTANDING WITH CVAG FOR THE ADVANCED TRANSPORTATION RESEARCH STUDY TITLED VIDEO- OUTREACH." 10. APPROVAL OF A LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO PURCHASE VIDEO CAMERAS AND TO PAY FOR INCREASED PATROL TIMES DURING HIGH-ACTIVITY PERIODS. 11. APPROVAL OF AN RFP PROCESS TO PROVIDE CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES. 12. APPROVAL OF AN RFP PROCESS FOR PROFESSIONAL SERVICES TO PROVIDE CAPITAL IMPROVEMENT PROJECT INSPECTION. 13. APPROVAL OF A FINAL MAP, SUBDIVISION AGREEMENT, AND REIMBURSEMENT AGREEMENT FOR TRACT 28470-1, THE TRADITION," TRADITION CLUB, L. L. C. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended with Item No. 6 being approved by RESOLUTION NO.97-52. Motion carried unanimously. MINUTE ORDER NO. 97-115. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS All report were noted and filed. MAYOR AND COUNCIL MEMBERS' ITEMS None BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 /City Council Minutes 8 July 1, 1 997 Council recessed to Redevelopment Agency meeting. 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 Nos. 3 and 4 as she has consistently done in the past. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation Dr. Tynberg Eminent Domain Case No.088851. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(c), concerning potential litigation. 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Stamko Development Co., Case No. INC 000492. 4. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation County of Riverside Case No. INC 002131. 7:00 P.M. The City Attorney announced that the City Council has authorized the City Attorney to negotiate and prepare and the City Manager to execute a settlement agreement with Alibaba Farzaneh concerning a dispute relative to his restaurant property. PUBLIC COMMENT None PUBLIC HEARINGS 1. VACATION NO.97-034- A PORTION OF AVENIDA OBREGON RIGHT-OF-WAY AT THE INTERSECTION OF AVENIDA MONTEZUMA. The Mayor declared the PUBLIC HEARING OPEN. Mr. Speer, Senior Engineer, advised that the proposed right-of-way vacation of approximately 2,300 sq. ft. at the corner of Avenida Obregon and Avenida Montezuma has been requested by the adjacent property owner. He advised BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 / City Council Minutes 9 July 1, 1997 that the City has no need for the right-of-way which was created when Avenida Obregon was realigned in 1984. However, the Gas Company will retain a 20- foot-wide easement to allow continued maintenance of the existing gas lines. The proposed vacation was found to be consistent with the General Plan by the Planning Commission and the public notices have been posted and published. In response to Council Member Adolph, Mr. Speer advised that the adjacent property owner already has the underlying rights to Lot 2 and will recover full rights through this vacation. He further advised that Lots 1 and 3 would probably be scheduled for vacation sometime during the next fiscal year. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.97-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF THE AVENIDA OBREGON STREET RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO.2. STREET VACATION CASE NO.97-034. It was moved by Council Members Sniff/Henderson to adopt Resolution No.97- 53 as submitted. Motion carried unanimously. 2. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON THE 1998/99 TAX ROLLS. A. ADORADOR, MARIA APN 646-311-033 $187.50 B. TOLTEC CONSTRUCTION APN 769-077-005 $375.00 C. MARTINEZ, JOHN APN 774-072-013 $187.50 D. OVERSTREET, EMILY APN 773-062-025 $187.50 E. COX, WILLIAM J. APN 773-065-004 $187.50 F. MARTIN, WILLIAM & SUE APN 769-153-001 $375.00 G. PATTON, JAMES & EILEEN APN 773-215-014 $187.50 H. FAUSTO,MARYL. APN774-141-018 $187.50 The Mayor declared the PUBLIC HEARING OPEN. Mr. Hartung, Building & Safety Director, advised that payment has been received for Item H APN 774-141-018) and he recommended that Council BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 /City Council Minutes 10 July 1, 1997 adopt the resolution placing the costs of weed abatements on the 1 998/99 tax rolls. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.97-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-54 as amended deletion of Item H). Motion carried unanimously. 3. WASHINGTON STREET SPECIFIC PLAN 87-011 AMENDMENT NO.2, VESTING TENTATIVE TRACT MAP 27031 TIME EXTENSION, SITE DEVELOPMENT PERMIT 97-605, AND ENVIRONMENTAL ASSESSMENT 97-339 TO ALLOW A 212,085 SQ. FT. COMMERCIAL BUILDING ON 13.39 ACRES LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND LA QUINTA CENTER DRIVE. APPLICANTS: CITY OF LA QUINTA, APOLLO, INC., AND EAGLE HARDWARE AND GARDEN. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that along with the City's request to amend the Washington Square Specific Plan and Apollo's request for a time extension for their Vesting Tentative Tract Map, Eagle Hardware is requesting a Site Development Permit to build a 21 2,085 sq. ft. hardware, lumber yard, and garden store on 13.39 acres at the southwest corner of Highway 111 and La Quinta Center Drive. The proposed amendments to the Specific Plan require a 50-foot landscape setback on Highway 111, elimination of the condition tying the Specific Plan to the Tract Map, revision of the conditions to comply with current engineering requirements, and amendment to Chapter VIII of the approval and amendment process. She advised that the Vesting Tentative Tract Map will reflect the necessary lot line adjustments to the Eagle Hardware parcel and that the landscape plans are in conformance with the draft Highway 111 Design Guidelines. During the Planning Commission's review, they requested minor modifications to the east parapet wall, required a minimum three-foot-high mounding in the Highway 111 landscape setback, and increased the minimum tree size on the central walkway to create a canopy effect. She advised that BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 / City Council Minutes 11 July 1, 1997 Condition No.4 of the Specific Plan should be changed to read, prior to issuance of a building permit the applicant shall reimburse the City for the portion of the six-foot-high masonry wall constructed by the City in the median located between Washington Street and the frontage road which exists between Singing Palms Drive and Highland Palms Drive, adjacent to the site frontage." Mr. Baker, Principal Planner, described the Eagle Hardware site, pointing out the entrances on Highway 111 and La Quinta Center Drive, the garden center on the east side, and the covered drive-thru for the lumber yard on the west side. John Hallstrom, 919 124th Avenue NE, Bellevue, Washington, project architect for Eagle Hardware, advised that they are in agreement with the recommended conditions of approval and are available to answer questions. In response to Council Member Adolph, he advised that Eagle Hardware has been in business since 1 990. In response to Council Member Adolph, Ms. di Iorio advised that a bus turnout on Highway 111 is required by the specific plan. Council Member Adolph felt that having a good street scape design is important and asked what assurance Council would have that the landscaping for this project is not minuscule like the landscaping is on the north side of Highway 111. Ms. di Iorio advised that the 50-foot landscape frontage on Highway 111 would meet the size specifications outlined in the draft Highway 111 Landscape Design Guidelines and the interior tree specifications are conditioned as to diameter and box size. Council Member Adolph was concerned about the mounding decreasing as it compacts and suggested that a short decorative wall be used instead. John Vogley, of Indian Wells, landscape architect, reviewed some of his background experience, including his landscaping work for Indian Wells and recommended that the City adopt caliper and canopy sizes for plants in order to have assurance in what*s being planted. They understand that landscaping is a tool for marketing and hope that this will help set a precedent for the remaining development on Highway 111. In regard to mounding, he advised that they prefer a soft-scape and will take the shrinkage factor into consideration. In response to Council Member Adolph, Mr. Hallstrom advised that only half of the roadway on the east would be paved because it'S located on the property BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 /City Council Minutes 1 2 July 1, 1 997 line and Mr. Baker advised that the General Plan designation for the property to the east is mixed-use commercial. In response to Council Member Adolph, Ms. di Iorio advised that no perimeter walls are proposed for the project because it's part of a shopping center that's most likely to have compatible uses. Any new developments that are non- compatible uses, will have the option of submitting a wall proposal. Council Member Adolph was concerned about the traffic hazards of having parking spaces perpendicular to the building with a traffic lane along the back of those spaces. In response to Council Member Adolph, Mr. Hallstrom advised that the requirement to provide handicap parking is the primary reason for having parking spaces up against the front of the building, but traffic congestion should be relieved somewhat by the customer-load lanes that are provided in the drive-thru facility for loading of bulk merchandise. Council Member Adolph suggested limiting the parking spaces in front to handicap parking or providing a turn-out zone for loading. He advised that he has a major problem with using blue tile on the outside of the building that's not compatible with the remaining development on Highway 111. Mr. Hallstrom advised that Eagle Hardware stores have typically used blue canopies to carry out their theme and wish to continue it by using the blue concrete tiles. Council Member Sniff stated that he didn't have a problem with blue tile and felt that some variation within a theme is good. Council Member Henderson expressed appreciation for the revisions that the Planning Commission made to the landscaping plans and advised that she felt it's a wonderful project and was pleased to welcome Eagle Hardware to La Quinta. Council Member Perkins advised that he likes blue tile and he complimented the developer for his cooperation. He asked about the ingress/egress on Highway 111 and Mr. Baker advised that it's right-in, right-out and that one driveway is signalized. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 / City Council Minutes 1 3 July 1, 1 997 Mayor Holt advised that she, too, likes the blue tile and is excited about the project. Council Member Sniff thanked Council Member Adolph for addressing the issues, especially the mounding. Council Member Adolph agreed that it's a great project and hoped that the landscaping would be as good as what they've done in Indian Wells. However, he advised that he was concerned about the image of Highway 111 and because he didn't wish to see a circus-like" atmosphere continued, he advised that he couldn't support the project with blue tile. He felt that it's inappropriate because everything else is either Spanish or barrel tile. RESOLUTION NO.97-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 97-339, PREPARED FOR AMENDMENT NO.2 TO SPECIFIC PLAN 87-011 AND SITE DEVELOPMENT PERMIT 97-605 EAGLE HARDWARE AND GARDEN, INC. It was moved by Council Members Sniff/Henderson to adopt Resolution No.97- 55 as submitted. Motion carried unanimously. RESOLUTION NO.97-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF SPECIFIC PLAN 87-011, AMENDMENT NO.2- EAGLE HARDWARE AND GARDEN, INC. It was moved by Council Members Sniff/Henderson to adopt Resolution No.97- 56 as submitted. Motion carried unanimously. RESOLUTION NO.97-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 27031 TO ALLOW MIXED-USE COMMERCIAL PROJECTS ON 65.4+ ACRES. APPLICANT: APOLLO, INC. It was moved by Council Members Sniff/Henderson to adopt Resolution No.97- 57 as submitted. Motion carried unanimously. BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 /City Council Minutes 14 July 1, 1 997 RESOLUTION NO.97-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 97-605 TO ALLOW CONSTRUCTION OF A COMMERCIAL BUILDING ON VESTING TENTATIVE TRACT MAP 27031 APPLICANT: EAGLE HARDWARE. It was moved by Council Members Sniff/Perkins to adopt Resolution No.97-58 as submitted. Motion carried with Council Member Adolph voting NO. 4. TENTATIVE PARCEL MAP 28489 AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF A FOUR-LOT DEVELOPMENT WITH LOTS GREATER THAN 11,961 SQ. FT. ON THE NORTH SIDE OF HERMITAGE, APPROXIMATELY 900 FEET EAST OF INTERLACHEN AND 800 FEET WEST OF RIVIERA, ABUTTING THE JACK NICKLAUS PRIVATE GOLF COURSE IN PGA WEST. APPELLANT: COACHELLA VALLEY UNIFIED SCHOOL DISTRICT. APPLICANT: KSL LAND CORPORATION. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that this is an appeal by the Coachella Valley Unified School District CVUSD) of the Planning Commission's approval of Tentative Parcel Map 28489, a subdivision of 1.1 acres into four single- family lots on Hermitage in PGA West. She advised that the property is zoned RL Low-Density Residential) and designated Specific Plan Residential under Specific Plan 83-002 PGA West Master Plan) and that the lots range from 11 962 to 1 2,572 sq. ft. The parcel map was originally approved by the Community Development Director. That approval was appealed to the Planning Commission by CVUSD and on May 27, 1997, the Planning Commission upheld the approval on a 5-0 vote, subject to conditions. Deborah Cesano, 4920 Campus Drive, Newport Beach, attorney with Bowie, Arneson, Kadi, Wiles & Giannone, representing CVUSD, advised that they are concerned about the unmitigated impacts of this project on the District and she asked that their letters dated March 21, April 25, May 27, and June 3 and 4, 1997, regarding this project and Tract 28444, be made a part of the record. She advised that they're requesting that any approval of Parcel Map 28489 be subject to Condition 39 of the original Specific Plan which requires KSL to enter into an agreement with the District for school mitigation fees prior to the issuance of building permits. They disagree with the City Attorney's opinion that Condition 39 has been rescinded from the Specific Plan and it's their BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 / City Council Minutes 1 5 July 1, 1997 opinion, that if it has been rescinded, it would be specifically so stated in the amendments. Furthermore, they believe that rescinding it would have invalidated the Specific Plan and violated Measure 30 of the EIR. They also disagree that the language in the revised Specific Plan is consistent with Measure 30 of the EIR because it requires payment of statutory school fees, not per-unit school fees as stated in Measure 30-- a difference and loss to the District of an estimated $10 million. They further object to the public hearing notice for Amendment 3 because the District did not receive one and it failed to include the intent to rescind Condition 39. They feel that they1ve raised these issues timely and that a subsequent EIR should have been adopted prior to approving Amendment 3 and this parcel map. They asked that any approval of this parcel map include a condition requiring the developer to enter into a mitigation agreement with the District which would require a per*unit mitigation payment as determined by the District and approved by the City. Chevis Hosea, 56-140 PGA Boulevard, Vice President of Commercial Land Development for KSL Recreation, advised that they believe the issue is whether or not the mitigation agreement between KSL and CVUSD is valid. KSL was assigned that agreement by the bankruptcy court that is now determining its validity. In response to Council Member Adolph, Mr. Hosea confirmed that the lots would revert to the homeowners' association once they're sold and advised that access to back yards for large gardening equipment would be provided through easements in the golf course. There being no one else wishing to speak1 the Mayor declared the PUBLIC HEARING CLOSED. Ms. Honeywell, City Attorney, advised that the amendment to the Specific Plan was amended and restated in total. It did not re-incorporate each and every original condition, therefore, Condition 39 is no longer a part of the Specific Plan. She further advised that the original EIR requirement is being met for payment of school mitigation fees under Condition 1 7 of this project. Council Member Henderson advised that it was her understanding that mitigation measures are applied for the purpose of minimizing impacts and she wondered what kind of impact these units have on CVUSD. BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02 /City Council Minutes 1 6 July 1, 1997 RESOLUTION NO.97-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 26489 TO SUBDIVIDE 1.1 ACRES INTO FOUR LOTS IN THE PGA WEST RESORT SPECIFIC PLAN 83- 002, AMENDMENT NO.3) ON THE NORTH SIDE OF HERMITAGE, 900 FEET EAST OF INTERLACHEN, ABUTTING THE JACK NICKLAUS PRIVATE GOLF COURSE KSL LAND CORPORATION. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-59 as submitted. Motion carried unanimously. See Page 8 for an announcement from the City Attorney regarding Closed Session.) There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 07-30-1997-U01 10:44:13AM-U01 ADMIN-U01 CCMIN-U02 07-U02 01-U02 1997-U02