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1997 07 15 CC Minutes/ LA QUINTA CITY COUNCIL MINUTES JULY15, 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 Jim Holub, 80-085 Avenue 58, spoke regarding an event held at the La Quinta Sculpture Park on July 5th where he said roads were blocked, people were exposing themselves and sleeping in the street, cars were stolen, and the noise level was 76-78 decibels a mile away at 3:00 a.m. when the party was broken up by sheriffs. He questioned who would be responsible for paying for the additional sheriffs and helicopter patrol and he wished to know if further permits would be issued to Mr. Gouthier two other upcoming parties. Council Member Henderson advised that she has spoken to Mr. Gouthier and he has guaranteed her that it won't happen again and the events are being canceled. She felt Mr. Gouthier should be responsible for the additional expenses. Council Member Sniff suggested having staff report back to Council on this at the next Council meeting. Diana Garcia, P.O. Box 10190, Palm Desert, Executive Director of Desert Contractor's Association DCA), read a letter of support for The Centre at La Quinta auto mall from Dennis Chappel on behalf of the DCA. They urged Council to approve the project and urged the developer to use local contractors during construction. CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members SnifflAdolph to approve the City Council Minutes * June25 and July 1,1997 as submitted. Motion carried unanimously. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 2 July 15, 1997 ANNOUNCEMENTS None PRESENTATIONS None WRITTEN CORRESPONDENCE 1. LETTER FROM SENATOR POLANCO 22ND DISTRICT, CONCERNING 5B500 RE: FIREARMS. Noted and filed. 2. LETTER FROM COUNCIL MEMBER JEFFREY STONE OF THE CITY OF TEMECULA, REQUESTING COUNCIL APPOINTEE AND ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES-RIVERSIDE DIVISION. Council directed staff to provide information to the Council regarding this group and why it isn*t functioning. 3. LETTER FROM HEYWOOD COMPANY CONCERNING BILLBOARDS AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND ADAMS STREET. Council concurred on agendizing this for August 5, 1 997. BUSINESS SESSION 1. CONSIDERATION OF FISCAL YEAR 1997/98 BUDGET. Mr. Genovese, City Manager, expressed appreciation to Council and staff for their efforts in arriving at a balanced budget, noting that La Quinta is one of the few cities that*s been able to add some services instead of cutting back. He advised of a modification to the supporting documents wherein the $80,000 for grants will be listed as one line item instead of under four separate categories. RESOLUTION NO.97-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE ClTY*S APPROPRIATION LIMIT FOR FISCAL YEAR 1997/98 AND APPROVING A BUDGET FOR FISCAL YEAR 1997/98. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 3 July 15, 1997 It was moved by Council Members Sniff/Adolph to adopt Resolution No. 97-60 as modified with the correction in the form of the numbers in the supporting document). Council Member Henderson advised that she's always believed Council is the policy-setter for the City and that the budget is the City's most important policy. She believed there were some significant improvements made during the budget review process in regard to the procedures for handling the Special Projects Contingency Fund, including commission review of the requests and a decrease in the funding level. She supported 97% of the budget, but advised that she would vote NO because she doesn't support the decreased funding commitments for the City's monument signs and the infrastructure set-aside funds. Council Member Perkins advised that he has been very vocal regarding the funding of certain organizations and stated that he didn't feel there's been any improvement regarding their funding levels in this year's budget. It upset him that some items wouldn't be accomplished because of one organization's failure to take a cut like everyone else. He complimented staff on an excellent budget and advised that he would support it, in spite of the fact that he does not agree with the Chamber's funding amount and protests it. He hoped the Chamber would come forward during the year with a statement that they've been able to save some money. Council Member Sniff complimented staff on preparing an excellent budget and advised that he supports it, even though some of it is reluctantly. Motion carried with Council Member Henderson voting NO. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Five-Year Resource Allocation Plan. Motion carried unanimously. MINUTE ORDER NO.97-116. 2. CONSIDERATION OF KSL REIMBURSEMENT AGREEMENT FOR INSTALLATION AND MAINTENANCE OF MEDIAN ISLAND LANDSCAPE IMPROVEMENTS ON EISENHOWER DRIVE. Mr. Vogt, Public Works Director, advised that the Reimbursement Agreement with KSL is for the installation and maintenance of median landscaping on Eisenhower Drive in front of the La Quinta Hotel and that the Cooperative Agreement for the landscape design and construction of the median was approved by Council on December 1 9, 1 995 and extended on November 1 9, BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 4 July 15, 1997 1 996. He advised that KSL wishes to install lush landscaping in the median fronting the hotel as opposed to the City's normal desert scape and agrees to pay $1 400/year to offset the additional maintenance costs. Staff is looking to obtain a contract change order with the City's existing landscaping contractor, but will bring it back to Council for authorization to receive bids if the costs are too exorbitant. In response to Council Member Adolph, Mr. Vogt advised that KSL will pay $1,400 a year as long as the lush landscaping exists. He also confirmed that the agreement on the $25,000 related to the hotel ballroom is still in effect. Council Member Sniff supported the project 100% and advised that he's been contacted by a number of people who feel some urgency in getting the medians completed. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that the reimbursement agreement is a condition of the hotel expansion project and, therefore, if KSL should sell the property, the agreement would follow to their assigns as it runs with the land. MOTION It was moved by Council Members SniffiHenderson to authorize the City Manager to enter into a Reimbursement Agreement between KSL and the City, contingent upon changes by the City Attorney, for installation and maintenance of median island landscape improvements on Eisenhower Drive; authorize staff to coordinate completion of final landscape design of north Eisenhower Drive medians, and authorize the release of KSL's security posted as a condition of Plot Plan 95-555. Motion carried unanimously. MINUTE ORDER NO.97-117. 3. CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER AS THE DIRECTOR FOR THE CITY'S PARTICIPATION IN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND ONE OR MORE ALTERNATES. Mr. Falconer, Finance Director, requested that Council appoint a Council Member, along with one or more alternates, to represent the City on the Board of Directors for the California Joint Powers Insurance Authority. He advised that the Board usually meets once or twice each year and that the next meeting is scheduled for July 16th in Lakewood. Council Member Sniff suggested that Council Member Adolph be appointed as the member and that the City Manager, Finance Director, Assistant City Manager, and Senior Management Assistant be appointed as alternates. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 5 July 15, 1997 MOTION It was moved by Council Members Sniff/Perkins to appoint Council Member Adolph as the representative on the Board of Directors of the California Joint Powers Insurance Authority and appoint the City Manager, Finance Director, Assistant City Manager, and Senior Management Assistant as alternates. Motion carried unanimously. MINUTE ORDER NO.97-i 16. 4. CONSIDERATION OF APPOINTMENT TO RIVERSIDE COUNTY LIBRARY Advisory COMMITTEE. There were no changes to the staff report as submitted to the City Council from the City Clerk and is on file in the City Clerk's Department. MOTION It was moved by Council Members Sniff/Henderson to reappoint Robert Atkins as the City's representative on the Riverside County Free Library Advisory Committee for a two-year term. Motion carried unanimously. MINUTE ORDER NO.97-119. 5. CONSIDERATION OF APPOINTMENT TO PALM SPRINGS REGIONAL AIRPORT COMMISSION. There were no changes to the staff report as submitted to the City Council from the City Clerk and is on file in the City Clerk's Department. MOTION It was moved by Council Member Sniff that staff be directed to advertise the position along with other vacancies on commissions and that the City Manager be authorized to assign a staff member to attend in the interim. Motion failed for lack of a second. MOTION It was moved by Council Members Sniff/Adolph to advertise for the position on the Palm Springs Regional Airport Commission and direct the City Manager to provide an appropriate staff member in the interim. Council Member Henderson wished to find out what the makeup of the membership is and what the scope of responsibility is for the City, as well as what the City should expect from its representative. Council Member Adolph noted that Mr. Hoffman was previously interested in serving on the committee and suggested that he be notified of the vacancy. Council concurred. Motion carried unanimously. MINUTE ORDER NO.97-120. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 6 July 15, 1997 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 15, 1997. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31, 1997. 3. APPROVAL OF FISCAL YEAR 1997198 CULTURAL COMMISSION WORK PLAN. 4. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR CONSTRUCTION OF LA FONDA STREET IMPROVEMENTS, PUBLIC SERVICE FUNDS FOR THE BOYS & GIRLS CLUB, LA QUINTA UNIT, AND LAKE CAHUILLA ADA IMPROVEMENTS. MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended Motion carried unanimously. MINUTE ORDER NO.97-121. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS Riverside County Free Library Zone Advisory Board Council Member Henderson advised that the Board met again with LLSI. She felt that they have made some significant improvements, but didn't feel they're the kind of improvements that the City should be satisfied with. She has suggested that the new County Librarian and a representative from LLSI meet with her and City staff to discuss the parity in the funding levels. C. V. Mountains Conservancy Council Member Sniff noted that the Conservancy is now a State agency and funded by the State. They're continuing to acquire land in the mountainsides and alluvial fan areas and are currently looking at 40-80 acres of property at the south end of Jackson Street near the fish traps. All other reports were noted and filed. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / ii City Council Minutes 7 July 15, 1997 DEPARTMENT REPORTS 1. REVENUE & EXPENDITURES REPORT DATED MAY 31, 1997. MOTION It was moved by Council Members Sniff/Adolph to receive and tile the Revenue & Expenditures Report dated May 31, 1 997. Motion carried unanimously. MINUTE ORDER NO.97-122. MAYOR AND COUNCIL MEMBERS* ITEMS None Council recessed to the Financing Authority meeting. Council reconvened and recessed to the 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. 2 and 3 as she has consistently done in the past. 1. Conference with special legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation REFCO Case No. CV 92-7626 RJK. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Stamko Development Co., Case No. INC 000492. 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation County of Riverside, Case No. INC 002131. 7:00P.M. PUBLIC COMMENT None PRESENTATIONS None BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 8 July 15, 1997 Mayor Holt advised that Public Hearing Item No.2 The Centre at La Quinta) would be heard after Public Hearing Item Nos. 1, 3, 4, and 5. PUBLIC HEARINGS 1. ENVIRONMENTAL ASSESSMENT 97-340, GENERAL PLAN AMENDMENT 97- 054, CHANGE OF ZONE 97-083, SPECIFIC PLAN 121-E, AMENDMENT #4, TENTATIVE TRACT MAP 28545, SITE DEVELOPMENT PERMITS 97-607 & 97- 608, AND CERTIFICATE OF APPROPRIATENESS 97-003. APPLICANT: KSL RECREATION CORPORATION AND ITS ASSIGNS. REQUEST AND LOCATIONS: 1. APPROVAL OF ENVIRONMENTAL ASSESSMENT 97-340, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 97-054, CHANGE OF ZONE 97-083, SPECIFIC PLAN 121-E, AMENDMENT #4, TENTATIVE TRACT 28545, SITE DEVELOPMENT PERMITS 97-607 AND 97-608 AND CERTIFICATE OF APPROPRIATENESS 97-003. 2. APPROVAL OF GENERAL PLAN AMENDMENT FROM MDR MEDIUM- DENSITY RESIDENTIAL 4-8 DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY 14.8 ACRES GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON SOUTH OF AVENIDA FERNANDO, AND FROM LDR LOW-DENSITY RESIDENTIAL 2-4 DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY 17.6 ACRES AT THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER DRIVE. 3. APPROVAL OF ZONE CHANGE FROM RM MEDIUM-DENSITY RESIDENTIAL 4-8 DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY 14.8 ACRES GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON, SOUTH OF AVENIDA FERNANDO, AND FROM RL LOW-DENSITY RESIDENTIAL 2-4 DWELLING UNITS PER ACRE TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY 17.6 ACRES AT THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER DRIVE. 4. APPROVAL OF AMENDMENT #4 TO SPECIFIC PLAN 121-E TO UPDATE THE PLAN AND ALLOW NEW DEVELOPMENT AND USES FOR THE AREA COMPRISING THE LA QUINTA RESORT, SANTA ROSA COVE, LA QUINTA RESORT GOLF COURSE, ABUTTING TRACTS, AND THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER DRIVE. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 9 July 15, 1997 5. APPROVAL OF TENTATIVE TRACT MAP 28545 TO DIVIDE APPROXIMATELY 62.5 ACRES INTO 132 LOTS FOR THE AREA ENCOMPASSING THE LA QUINTA RESORT AND CLUB LOCATED GENERALLY WEST OF EISENHOWER DRIVE AND SOUTH OF AVENIDA FERNANDO. 6. APPROVAL OF SITE DEVELOPMENT PERMIT 97-607 TO ALLOW REMOVAL OF SEVEN TENNIS COURTS, 18 HOTEL UNITS, EMPLOYEE PARKING, AND MAINTENANCE FACILITIES AND REPLACE WITH 119 RESORT-RESIDENTIAL UNITS AND A HEALTH SPA OF APPROXIMATELY 19,400 SQUARE FEET IN THE AREA GENERALLY LOCATED BETWEEN AVENIDA OBREGON AND CALLE MAZATLAN, SOUTH OF THE LA QUINTA TENNIS CLUB AND ON THE EAST SIDE OF AVENIDA OREGON, ACROSS FROM THE TWO EXISTING SUNKEN TENNIS COURTS. 7. APPROVAL OF SITE DEVELOPMENT PERMIT 97-608 TO ALLOW CONSTRUCTION OF A GOLF COURSE/HOTEL MAINTENANCE FACILITY INCLUDING A 14,600 SQUARE FOOT BUILDING AND PARKING LOT FOR ALL HOTEL AND GOLF COURSE EMPLOYEES ON APPROXIMATELY 6.2 ACRES LOCATED ON THE SOUTH SIDE OF 50TH AVENUE, APPROXIMATELY 210 FEET EAST OF EISENHOWER DRIVE. 8. APPROVAL OF CERTIFICATE OF APPROPRIATENESS 97-003 TO ASSURE ARCHITECTURAL COMPATIBILITY BETWEEN HISTORIC STRUCTURES AND PROPOSED CONSTRUCTION, PURSUANT TO SECRETARY OF INTERIOR STANDARDS. Mayor Holt proceeded to explain the process for conducting public hearings and asked for everyone's cooperation. She also advised that this public hearing is going to be continued to August 5, 1997. Mayor Holt declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, presented staff report explaining each of the actions being requested of the Council as delineated herein above. She advised that the Planning Commission reviewed the project on July 8, 1 997 and recommended approval subject to conditions. Staff's recommendation is to open the public hearing, take testimony regarding the project entitlements and the environmental determination and continue it to August 5, 1 997. Ms. di Iorio then reviewed the site plan and elevations for the overall project and advised that the original Specific Plan was approved by the County and has had BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 10 July 1 5, 1 997 three amendments since the original approval. The site consists of 638 + acres in the area north of the westerly extension of Calle Tampico and west of Eisenhower Drive along with the southeast corner of 50th Avenue and Eisenhower Drive. She noted that a parking lot and maintenance facility is planned for the southeast corner of 50th Avenue and Eisenhower Drive. She also reviewed the proposed architecture advising that there are esplanades to provide a pedestrian feel to the project. She then reviewed the plans for the maintenance facility, advising that they are proposing a meandering wall and there is a 32' landscaped setback to the wall from the curb and they are proposing 292 parking spaces for their employees. The current lots will be replaced by six resort residential units to act as buffer to the existing residences. There is a 50' setback to the building line. They will be 1 300- 1 700 square foot lots. In response to Council Member Adolph, Ms. di Iorio advised that the TC zoning is to allow for rental units. She advised that in order to prohibit two story units, the Council would have to modify the Specific Plan under the development standards for Planning Area 2. In further response to Council Member Adolph, Ms. di Iorio advised that there will be designated areas for compost storage; as far as a fueling station is concerned, she said that the applicant will have to address that issue. In response to Council Member Sniff, Ms. di Iorio advised that Planning Area 2 is proposed for Tourist Commercial with a residential overlay under the Specific Plan which allows only a maintenance facility and the residential overlay under the development standards within the Specific Plan. Planning Area 1 includes the Tract Map for 11 9 homes and is Resort Residential and also allows for the existing shops, ballroom and other commercial-type uses under the Specific Plan development standards. Larry Lichlighter, President of KSL, advised that they view the La Quinta Hotel as their most important asset noting that it's one of two gold medal resorts in California Pebble Beach being the other one). In order to try to accomplish the best end result they could, they employed two processes: 1) trying to understand and gather input from the neighborhood; and 2) develop a development team to create this proposal. He then named the development team stating that they were sensitive to the concerns of the neighbors. He explained the time-frame in which they're working and asked for a speedy decision at the next meeting so they can get some of the heavy construction done before the season. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 11 July 15, 1997 Scott Dalecio, Vice President of Desert Operations, explained the success of this property and they feel that the proposed expansion will increase its' success which will. result in an increase in their transient occupancy tax by one half million from $2.6 million this last year to $3 million. He advised that 1 8 hotel units are being removed for 11 9 fee simple, detached, one, two, and three bedroom units. They are being removed because they were built in 1 968 in a timeshare type concept which doesn't fit with the rest of the property. The spa was modeled after La Costa and will be a real addition to the property. They expect 25%-30% of their guests to utilize it and should generate $3 million annually. He then addressed the parking and maintenance area, advising that the majority of their employees *re coming from the east of La Quinta using Avenues 50 & 52 and this area pulls them into a parking facility prior to reaching Eisenhower, thereby reducing the amount of traffic that goes by the main entrance of La Quinta Country Club and the intersection with Santa Rosa Cove. They are then shuttled north on Eisenhower and into Fernando. The parking lot will not be visible from the street because there will be a wall and extensive landscaping. There will be twenty-four hour, seven-day a week roving patrol and there will be low-level lighting. In response to questions by Council, Mr. Dalecio advised that their maintenance equipment is both gas and electric. Regarding the 11 9 units, he advised that the owners will have the opportunity of placing their unit into the rental program to be managed by the hotel in which case, the City will be receiving TOT. The owners will have to make long-term commitments 2-3 years) for the rental program. Individuals will be able to rent portions" of the units, depending on their needs, as the bedrooms are lockable. The dollar amount of the rental will be negotiated with the owner, but will essentially be guided by the hotel based on their rental prices. Regarding the employee shuttle, it will make 5-8 trips every morning and again in the afternoon depending on the occupancy. The wall along Avenue 50 will be 6' on a 5' berm. Council Member Sniff asked if there is any other possible location for the maintenance building and Mr. Dalecio advised that they do not believe there is, as any other location would require access through a residential area. He added that they plan to close their other maintenance facilities on site. In response to Council Member Adolph, Mr. Dalecio advised that they have an option to purchase the property in question. Chevis Hosea, advised that these 11 9 resort residential units is an opportunity for the City of La Quinta which will result in national notoriety. The buyer of these units will have the feel of purchasing a casita and a piece of the resort. He foresees an additional one-half million in TOT from these units. They BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 1 2 July 15, 1997 anticipate a sell-out of these units within 90 days and expect 90% of them to be placed in the rental program. The property value will be $46 million at build- out and it will generate $1.3 million in various building permit fees, school fees, etc. He then addressed the density, advising that this project will result in less density than what is currently allowed. He also felt that they've created an optimum plan to reduce internal traffic. Council Member Adolph advised that parking has always been a problem at the Tennis Club and with eliminating the parking there and elsewhere, he asked where people will park who are attending special events and Mr. Dalecio advised that they currently use property off-site to the north, and this new parking facility will also be utilized. Mr. Hosea also advised that they plan to dedicate over 207 acres to conservation and open space that will go to the enjoyment of the entire community. He also pointed out that there were over 1 500 units approved and 900 have been built and this proposal will push it to just over 1 000. Dave Erwin, 45-525 Navajo, Indian Wells, a member of La Quinta Country Club, asked that the Council carefully read the environmental assessment from the standpoint of what is being requested of the Council. They are being requested to come up with a mitigated negative declaration. That entails taking those items the staff and the developer have said are potentially significant impacts on the environment as it relates to this project and in some manner reducing them to a level of insignificance. He asked that a careful review be made of the mitigation factors and he felt that they will find that there were a number of conclusions-not factual, and a number that are not reduced to a level of insignificance. If you cannot reduce them all to a level below insignificance, then an environmental impact needs to be required and he urged the Council to make such a decision. An EIR would look at the alternatives available. He felt that a maintenance yard with fuel storage and fertilizer storage in a residential area is very difficult to reduce to a level of insignificance. If an EIR is required, he urged to Council to retain the consultant and let the developer pay for it in order to get both sides. Richard Crissman, 79-1 50 Big Horn Trail, felt that the public notice provided was poor in that it didn't give an adequate description of the project proposed. They do not like the change of zoning from low-density residential to medium and they are very upset by the TC designation. He felt that it is being treated as spot zoning" and that an EIR is absolutely needed for such a comprehensive amend ment. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 13 July 15, 1997 Glenn Pfeil, 78-191 Calle Norte, President of Duna La Quinta Homeowners Association, advised that they strongly oppose KSL's plans for the corner of Avenue 50/Eisenhower. The 1 7 + acres should remain low-density residential and the requested zone change should be denied. However, in the best interest of nearly 100 homeowners, to minimize the effects that such re-zoning would cause, they have approved KSL's revised Plot Plan for the area only in the event this project is approved by the City Council in no way does this agreement supersede the earlier action taken by the Duna La Quinta HOA. James Bubba" Lloyd, 77-313 Calle Mazatlan, representing the Santa Rosa Cove HOA, representing 334 homeowners, believed that the traffic analysis is seriously flawed. He advised that it did not include all of the major intersections. Della Davis, 45-770 Via Sierra, advised that she is representing many homeowners whose primary home is in the area surrounding KSL's development. She presented some of the marketing materials used by KSL through the years for the tennis facilities, and to eliminate any of them is wrong. She questioned how they can be allowed to put 85 units on 4.4 acres. She also questioned how parking lots can be considered open space. She said that as soon as it goes to Tourist Commercial, it removes the density of development as a factor in resort commercial development. It also allows them to build residences that do not conform to any of the standards such as garages and maximum building heights. Regarding the environmental assessment, she disagreed with the mitigation measures imposed. Delores Powell, 49-895 Lago Dr., advised that they bought this home for their retirement and before buying they were told that the property across the street is zoned Low-Density Residential. They are concerned about the noise factor as they face where the maintenance facility will be, and at night they will have little privacy from the lights. She feels that this project will devalue their property. Eidel Gramlich, 49-885 Lago Dr., advised that they have lived there since 1 976 and when they bought they were told that everything on both sides of Avenue 50 was residential. Kay Vossler, 49-910 Lago Dr., advised that their front door is probably 1 20' from the proposed maintenance facility. One of her major concerns is security and safety with people milling around waiting for rides. She was also concerned about noise because they start all their equipment at the facility. She didn't think that a berm and a wall is going to keep the noise down. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 14 July 15, 1997 Jean Kirkpatrick, 78-1 59 Lago Dr., Member of the Board of Directors of La Quinta Country Club, resident since 1 976 and permanent homeowner urged the Council to deny the applications of KSL. George O'Neill, 78-019 Lago Dr., referred to the comment by the KSL representatives that they have been in contact with surrounding property owners, and found that the people in La Quinta Country Club and the Lagos have not been contacted. He advised that two days ago he was on Fernando and cars were parked on both sides the entire length. The have lived there for 28 years and he has received 487 signatures on petitions during the last five days and by the August 5th **meeting, they will have 700. He then addressed the proposed maintenance facility, advising that they are opposed to it for the following reasons: 1) noise associated with about 100 pieces of equipment starting at 6:00 am; 2) a storage area for pesticides and fertilizers that will attract rats and create objectionable odors; 3) a gas facility for KSL equipment which has the potential for explosion; 4) a dump for the storage of agriculture waste including grass clippings which create an objectionable odor; 5) a lighted parking lot for over 250 employees who will be bused back to the hotel. This is an abusive intrusion into their quiet residential area. The visionary people with Landmark made the La Quinta Hotel and golf courses completely compatible with the area and the neighbors--they would never have requested a zone change at Avenue 50 and Eisenhower for such obnoxious facilities. Juanita Gayer, 49-845 Lago Dr., stated that she has lived there for 21 years and feels that the old hotel and the old La Quinta Country Club is what made La Quinta. She was concerned about the increased traffic on Avenue 50 and urged denial. John Eager, 75-440 Painted Desert Dr., Indian Wells, Director at La Quinta Country Club, opposed the proposed parking lot and maintenance facility. He stated that they, too, have a dump," and it does render odors and flies. He urged denial of the project. Wayne Conn ell, 78-046 Calle Norte, Vice President of the Association at Duna La Quinta, advised that they have a letter on record with their concerns which have not been mitigated and stands as written. He also said that there has been no attempt by KSL to talk to the property owners and he questioned why this is being done during the summer months when 75% or more of the surrounding residents are not here. Charles Colada, 49-875 Lago Dr., has lived there for 21 years and felt that this project is going to cause a pollution problem and the maintenance facility will be un-appealing to look at. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 15 July15, 1997 Andy Vossler, 49-910 Lago Circle Dr., advised that he's lived there for 1 9 years and is opposed to the land-use plan south of Avenue 50. He has met with Mr. Hosea twice and has had two telephone conversations with him and there's been very little compromise. He has considerable experience in the real estate development business and did not believe that this is a good plan or a compatible land use. The bus traffic to the hotel has been clarified, but he knew that over time, the La Quinta Country Club will not be happy with the facility at their entry and the employees will be making a U-turn at the entry to his development. He noted that the project plan drops over 100 parking spaces and he had the same concern about parking on-site for special events it means that the employees will be displaced to the parking lot across the street from his house with activity early in the morning and late in the evening, which is not why they live where they do. He reviewed some of the past history of the zoning of this parcel noting that at one time it was planned for a park. He disagrees with KSL representatives regarding his concern about the sound, noise and property values- as they perceive Avenue 50 to be a barrier and won't be an issue to him. He has security concerns, but they have been discussed in detail. He felt that the security office should be manned 365 days per year. He felt that KSL should be required to relocate the maintenance building, advising that they could sell their triangular piece of property and buy some other property for this facility. Regarding the benefit to the City, he didn't see the proposed increased in TOT as has been stated. E.G. Zwaschka, 77-792 Lago Dr., stated that most of his concerns have been covered, but his main concern is that of traffic as previously discussed by Bubba Lloyd. Wayne Guralnick, 74-399 Highway 111, Palm Desert, attorney for Lago La Quinta, spoke in opposition to the maintenance facility, and addressed the necessary consistency between the zoning and General Plan, and believed that a noise analysis needs to be done by an independent engineer. The noise analysis indicates that the noise level potential is considered significant- the decibels of a car door slamming is 78 dcb and on the equipment/tractors it's between 75 dcb and 79 dcb. Under the City's General Plan, 50-60 dcb is considered the maximum level. The mitigation measure was to have the employees minimize the door slamming; a security guard will be on duty; they will avoid excessive vehicle acceleration; and locate the noisiest equipment at the west side. He said that he will have additional comments in writing to the Council prior to the August 5th meeting. Bob Moore, 76-283 Poppy Lane, Palm Desert, General Manager of La Quinta Country Club, referred to the staff report in which there is a comment that the odors will have no impact on the surrounding residents and advised that the BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 16 July 15, 1997 dump their club uses for their green waste is located 200 yards from the club's main entrance and it produces an odor similar to that of a stockyard which his members complain about constantly. With any breeze, that odor can ruin the evening for the diners. Charles Owen lii, 49-757 Coachella, advised that he is the President of one of the Homeowner's Associations in La Quinta Country Club and he also owns a home in Santa Rosa Cove. He said that they have not been contacted by KSL either in writing or by phone. They have reviewed the plans and like the idea of the spa, but not the other things that are associated with it with regard to their Santa Rosa home). Regarding their La Quinta Country Club home, they oppose everything KSL is planning in total). Kathryn Laird, 49-490 Avenida Club La Quinta, agreed with all the previous comments. Jean Satorius, 48-721 Santa Ursula, agreed with all the previous comments. Frank Gagnon, 49-031 Washington Street, agreed with all the previous comments. Eugene Friend, 78-068 San Timoteo, agreed with all the previous comments. Helen Everson, 78-014 Lago Dr., agreed with all the previous comments. Richard Matlock, 77-965 Lago Dr., advised that he agrees with all previous comments and added that his main concern is with the additional traffic on Avenue 50 due to the parking/maintenance facility. Bert McMillin, 78-01 7 Lago Dr., agreed with all the previous comments. Donna Martin, 49-320 Avenida Fernando, agreed with all the previous comments. A gentleman who is President of Duna Gardens Homeowners Association, agreed with all the comments and said that there is a parcel to the south that would be a better location for the maintenance facility/parking lot. Everyone bought their homes knowing that this area was zoned low-density, so why change it now. Council Member Perkins advised that he spent the entire weekend going over this project and it is of great magnitude, so he understood the reason why the public hearing should be continued. Many issues surfaced here this evening BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 17 July 15, 1997 including traffic, the noticing, the middle of summer, etc. and it appears to him that the maintenance facility and density are the two major factors. Even though he thinks the project has a lot of merit, the Council's responsibility is to the citizens as well as the commercial ventures, and he believed that two weeks is insufficient and suggested a continuance for 60-days. He hoped that during this time, the developer and residents could come to some kind of compromise. Ms. Honeywell, City Attorney, advised that a notice has already been sent out that it would be continued to August 5th At that time, if the Council wishes to continue it again for further study, they would have that option. Council Member Sniff generally agreed; however, the Council is mandated to continue it to August 5th He was also cognizant of the fact that August isn't the ideal time to hold public hearings and make major decisions affecting a significant number of residents. If the issues cannot be resolved and worked out between KSL and the property owners, then he would support a further continuance on August 51h, even though he didn't wish to hold up KSL, but a lot of people have expressed some sincere concerns here tonight and hoped that KSL will take these comments to heart and consider some options that might satisfy some of the concerns. Council Member Adolph agreed and added that there are a couple of other issues that were not brought up tonight, such as the traffic through the guarded gate on Fernando. He agreed that it should be postponed until a majority of the residents are back and hoped that these issues will be worked out by KSL and the homeowners. Council Member Henderson stated that she will be making her decision based on the merits of the project and not on the proposed tax revenues to the City. She stated that she has a lot of questions and concerns to address on August 5th Mayor Holt advised that her decision will also be based on the facts and merits of the project and not on anticipated revenues or how the project will be managed. She believed that we can only rely on the past--in how well this project has always been managed. We have no reason to believe that if we can mitigate some of the concerns that it wouldn't be a good project for this community. She hoped that this matter could be wrapped up as soon as possible. MOTION It was moved by Council Members Sniff/Henderson to continue the applications of KSL to August 5, 1997. Motion carried unanimously. MINUTE ORDER NO.97-123. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 1 8 July 15, 1997 3. PUBLIC HEARING TO INCREASE BY 1.1%. THE COMMERCIAL WASTE COLLECTION AND ROLL-OFF SERVICE FEE TO BE CHARGED AND COLLECTED BY WASTE MANAGEMENT OF THE DESERT. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the proposed 1.1% increase represents half of the CPI as allowed by the Franchise Agreement. All other related fees such as the dump fee, recycling, AB939, and transport surcharge will remain the same as approved for FY 1 996/97. In response to Council Member Perkins, Mr. Herman advised that the increase was not substantial last year. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.97-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE COMMERCIAL WASTE COLLECTION. ROLL-OFF, AND SERVICE FEES FOR FISCAL YEAR 1997/98. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-61 as submitted. Motion carried unanimously. 4. CHANGE OF ZONE 97-082 ADDING SPECIAL ZONING LIMITATIONS LOT SIZE. BUILDING HEIGHT IN FEET AND STORIES, AND LOT WIDTH) TO THE FOUR AREAS IDENTIFIED AS: AREA A) BOUNDED BY AVENIDA NUESTRA TO THE SOUTH, CALLE RONDO ON THE EAST, AVENIDA ULTIMO ON THE NORTH AND WASHINGTON STREET ON THE WEST; AREA B) BOUNDED BY SAGEBRUSH AVENUE ON THE NORTH AND EXTENDED TO THE EVACUATION CHANNEL, AVENUE 50 ON THE SOUTH, WASHINGTON STREET ON THE WEST, AND THE EVACUATION CHANNEL ON THE EAST; AREA C) BOUNDED BY AVENIDA LA FONDA ON THE NORTH, AVENIDA NUESTRA ON THE SOUTH, WASHINGTON STREET ON THE EAST, AND 100 FEET WEST OF CALLE GUATEMALA; AND AREA D) EAST OF THE BEAR CREEK CHANNEL, NORTH OF AVENIDA MONTEZUMA, AND WEST OF THE YUCATAN AREA. The Mayor declared the PUBLIC HEARING OPEN. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 1 9 July 15,1997 Mr. Herman, Community Development Director, advised that the proposed ordinance would replace Urgency Ordinance No. 289 which expires on September 30, 1 997, and would limit one-story units in Areas A, B, C, and D as specified in the staff report. He then explained the new zoning designations as recommended by the Planning Commission and as outlined in the staff report. In response to Council Member Adolph, Mr. Herman advised that he was not aware of any additional areas that might be required to fall within this type of ordinance. Peter Rodholm, 50-640 CalIe Paloma, strongly urged approval of the ordinance. Dennis Moreno, of Import Capital, asked that the issue be tabled until they have submitted their specific plan to Council. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.305 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CHANGE OF ZONE 97-082 FOR AREAS IDENTIFIED AS AREA A, AREA B, AREA C, AND AREA D. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 305 as on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / Ii City Council Minutes 20 July 15, 1997 5. ZONING ORDINANCE AMENDMENT 97-056 TO PROHIBIT INDEPENDENT USED VEHICLE SALES, EXCLUDING NEW VEHICLE SALES WITH ASSOCIATED USED VEHICLE SALES IN THE REGIONAL COMMERCIAL DISTRICT. MOTION It was moved by Council Members Sniff/Henderson to continue Zoning Ordinance Amendment 97-056 to August 5, 1 997. Motion carried unanimously. MINUTE ORDER NO.97-124. 2. THE CENTRE AT LA QUINTA FINAL ENVIRONMENTAL IMPACT REPORT UNDER ENVIRONMENTAL ASSESSMENT 97-337, TENTATIVE* PARCEL MAP 28525, SPECIFIC PLAN 97-029, TENTATIVE PARCEL MAP 28525, CONDITIONAL USE PERMIT 97-034, SITE DEVELOPMENT PERMIT 97-603, DEVELOPMENT AGREEMENT 97-002. APPLICANT: STAMKO DEVELOPMENT. 1. APPROVAL AND CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE PARCEL MAP 28525, SPECIFIC PLAN 97-029, CONDITIONAL USE PERMIT 97-034, SITE DEVELOPMENT PERMIT 97-603 AND DEVELOPMENT AGREEMENT 97-002. 2. APPROVAL OF TENTATIVE PARCEL MAP 28525 CREATING A 10-LOT SUBDIVISION. 3. APPROVAL OF SPECIFIC PLAN 97-029 CENTRE AT LA QUINTA) CREATING DEVELOPMENT GUIDELINES AND STANDARDS FOR A MULTI- PHASED MIXED REGIONAL COMMERCIAL COMPLEX. 4. APPROVAL OF CONDITIONAL USE PERMIT 97-034 ALLOWING AUTOMOBILE SALES AND SERVICES. 5. APPROVAL OF SITE DEVELOPMENT PERMIT 97-603 ALLOWING THE CONSTRUCTION OF FIVE AUTO DEALERSHIPS INCLUDING BUILDING ELEVATIONS, SITE PLAN, LANDSCAPING, LIGHTING AND SIGN PLANS. 6. APPROVAL OF DEVELOPMENT AGREEMENT 97-002. Mayor Holt advised that she would abstain from participating in this as she has consistently done in the past and left the dais. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, presented staff report giving an overview of the proposed project which is located on the south side Highway 111 between BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 21 July15, 1997 Adams Street and Dune Palms Road and reviewed the requests that are before the Council at this time as follows: Specific Plan Creates the development guidelines and standards for an 87-acre, three-phased development consisting of auto sales/services and retail complex. Tentative Parcel Map Creates ten commercial and three landscaped lots. Conditional Use Permit Allows automobile sales and services. Site Development Permit includes the development plans for the five auto dealerships. Develop*Development Agreement Is a binding agreement between both parties for the purpose of establishing certainty that the development will progress in a timely manner. Environmental Impact Report The request is for certification of the Environmental Impact Report. The proposal is for 275,000 square feet of auto sales/service on the western half of the property and 400,000 square feet of mixed commercial complex on the eastern half of the property for a maximum floor area ratio of 1 8 wherein the General Plan specifies a maximum of 35 for MIRC uses. Each dealership will have a monument sign on Highway 111 for a total of nine signs. A six-foot high block wall is proposed along the dealership portion of Highway 111 and the south property and along all of Adams Street. Landscaping along Highway 111 is consistent with the Highway 111 Design Guidelines. Special design considerations are recommended such as shielded lighting, service bays being oriented away from the residences, requirement for a minimum building set-back of 100 feet for parcels adjacent to Adams Street and prohibiting paging systems to mitigate any negative impacts to the adjacent residences. On July 8th, the Planning Commission recommended certification of the Environmental Impact Report and project entitlements subject to conditions. Ms. di Iorio then reviewed the elevations and site plan advising that there are three phases and what is being reviewed at this time is the first phase consisting of Parcel 1-5. Parcels 6, 7, 8 & 9 represent the second phase of development. In Phase 2, there is the potential for two service related auto uses rather than having all four auto dealerships. There is a requirement for all the buildings to maintain a minim of 100' set-back from the property line adjacent to Adams Street. She noted that Parcel 5 has parking on the roof. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 22 July 1 5, 1 997 One of the conditions of approval require that the parapet be raised to be 5 Y2' in height to ensure that any vehicles will not be visible. In response to Council Member Adolph, Ms. di Iorio said that the wall will be on a 2' berm. Ms. di Iorio then reviewed the architectural features advising that each of the five, one-story structures propose similar building materials consisting of tiled roof showrooms, stucco and split-face block walls. Regarding the landscaping, she advised that turf and trees are compatible with the Design Guidelines, noting that the applicant has been working with the City's consultant for the Highway 111 Landscape Guidelines. In response to Mayor Pro Tern Perkins, Ms. di Iorio advised that the buildings are set-back from Highway 111 from between 60'-100'. Randy Nichols, with Impact Sciences, consultant who prepared the Environmental Impact Report proceeded to review the process utilized in analyzing the impacts of this project and the various steps they followed that are required by the California Environmental Quality Act. At the time the City received the application, they immediately realized that the project could have impacts of large magnitude given the size, scale and scope of the project, and thus decided that it would be appropriate to commence with the EIR process. Therefore, a Notice of Preparation was circulated inviting all public agencies, interested citizens or public interest groups to provide comments and/or suggestions as to what should be studied in the EIR. At the end of that process, all comments were reviewed and a study document was prepared to define the scope of analysis. The initial study is rather lengthy with a detailed, preliminary evaluation of the impacts and has approximately 80 topics and 80 specific questions to get at various impacts. Based on the preliminary analysis, it was determined that the EIR was going to focus on a number of special topics including potential secondary land-use effects, geotechnical considerations, hydrology and water quality, biological resources, transportation circulation, air quality, water distribution and storage, solid waste disposal, public services, aesthetics, and cultural resources. In addition to these technical issues, the other topics required for an EIR under CEQA were also included such as examining the growth-inducing effects of the projects. They identified those topics that were determined through the initial study not to have a potential for significant impacts and identified what they were. There was also a section evaluating alternatives to the proposal and there was also a section addressing significant irreversible environmental changes that would result if the project were implemented as proposed. Before the draft EIR was completed and circulated for public review, it's important to note that the City made the effort BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 23 July 15, 1997 to bring the project description to the CVAG Interim Project Review Committee which is composed of representatives of the U.S. Fish and Wildlife Service and California Department of Fish and Game. The purpose of that is to give them a chance to evaluate and provide direction early on in the planning process in ways of environmental concern and make suggestions that they feel are appropriate in terms of content and direction of biological studies. At that meeting, we presented a number of surveys that were done and at the conclusion of that meeting, they indicated that they didn't believe that additional studies were required or that the project would have significant impacts on biological resources. Having made that consultation effort, they completed the draft EIR and it was released for the 45-day mandatory review period. That period occurred from April 21, 1997 though June 4, 1997 and pursuant to the requirements of CEQA, the City has carefully evaluated all of the written comments received during that period and have prepared written responses to them. Before the Council at this time, is whether or not to certify the Final EIR. That consists of: 1) the draft EIR, including its' technical appendix, the initial study, all the responses to the Notice of Preparation, all the topic studies, geotechnical analysis, etc., all the basic analysis that was part of the draft EIR, and all of the letters received a total of nine were received). The Final EIR contains a section with written responses to each and every comment and also includes a section on corrections to the draft EIR where additional useful information may have been provided or for additional clarification. Out of the 1 5 primary environmental topics that were evaluated in the EIR, it was determined that the project would result in unavoidable and significant impacts in two areas: 1) air quality impacts; and 2) cumulative impacts on the solid waste disposal system. For all other topics evaluated it was determined that the impacts of the project either on a project level, or cumulative level, would be less than significant, with no mitigation measures required. For those impacts that could be significant, mitigation measures have been identified to reduce them to less than insignificant. The unavoidable significant air quality impact of the project occurs at the project construction stage which requires the movement of a substantial amount of earth and given the strict standards set by the South Coast Air Quality Management District, we know of no feasible technologies that would reduce the amount of dust and other construction emissions sufficiently to get below those thresholds. Additionally, from a long- term stand-point, the operational emissions, primarily as a result of the automotive exhaust emissions would also be higher than SCAQMD standards. He pointed out that the land-use characteristics, the intensity, and the location of the project are consistent with the regional Air Quality Management Plan and would not jeopardize the attainment of air quality goals identified in that Plan. Regarding solid waste disposal, the determination in the EIR was not that the project itself would generate such a substantial volume of solid waste that would have a significant impact on the disposal system, but that given the BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 24 July 15, 1997 closures of Coachella Valley landfills, the Valley's trash is going to have to be channeled to Edom Hill or more distant landfills. The County of Riverside is responsible for solid waste disposal. They evaluated the Regional Integrated Solid Waste Management Plan, and at this time, their own estimates indicate that the landfill capacity could be exhausted as early as the year 2008. Based on the regional analysis, this project would contribute to that cumulative impact. The EIR conservatively determined that until other landfills or waste disposal facilities are approved and programmed, we presumed that this could contribute to a significant cumulative impact on solid waste disposal. The EIR and mitigation monitoring program have a comprehensive set of mitigation measures for both air quality impacts as well as solid waste impacts so that the project level impacts are reduced to the extent feasible. The fact that the EIR has determined that there are two areas of unavoidable significant impacts, means that the Council is required to adopt a Statement of Overriding Consideration if they should choose to approve the project. He also pointed out that between last week's Planning Commission meeting and tonight, the Council was provided with some language typing the mitigation monitoring program with respect to the biology mitigation measures and the aesthetic mitigation measures to make sure the language conformed to what was in the Final EIR response to comments and to reflect the action of the Planning Commission to require that the buildings sited along Highway 111 in the northeastern quadrant are to have staggered set-backs and lowered building heights to reduce the view obstruction of the distant mountains. In conclusion, Mr. Nichols stated that it's their opinion that the EIR has been prepared in accordance with the procedural documentation requirements specified in the State of California Environmental Quality Act. Council Member Adolph questioned that since we're dealing with existing dealerships why would there be a concern with an increase in solid waste material. Mr. Nichols advised that the EIR evaluated the project as a whole as the entire development concept, not just the first phase. Mayor Pro Tern Perkins referred to a letter received from the City of lndio in which they were concerned and felt that the City of La Quinta had already made up their minds on this particular project and had pre-determined the outcome. One of the reasons we have a public hearing is to get input from the public and he assured the public that this Council has not pre-determined the outcome of this project until all of the information and facts are in. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 25 July 15, 1997 Chris Clark., General Partner with Stamko Development, advised that they have owned this property for the past 20 years and in a more recent decade, this property was under some entitlement process called the La Quinta Canyon Center which was on about 1 30 acres and was an approximately two million square foot mall and power center which the General Plan allows. At that particular time, they were in the entitlement process and in the process of preparing an environmental impact report. In some of the correspondence received, there has been reference made to the EIR for that project, but she pointed out that the EIR was only preliminary and was never released or circulated and was for only two million square feet. Since that time, two years ago, she sold the back 50 acres to the City of La Quinta for low-income housing. Over a year ago, she was approached by some dealers from a neighboring city, whom after having exhausted almost a decade of looking for an auto mall site were quite frustrated. The dealers and she decided at that time, under the circumstances that were before them, that they would commence this project in what they considered to be an environmentally responsible capacity with a full EIR. She met with surrounding property owners, particularly within Lake La Quinta and Rancho La Quinta, and with Joe Hammer to the east her. A good portion of the concerns from Lake La Quinta and Wilma the developers) have been addressed by requiring, on the west side of the properties, Parcel 6 & 7 be setback at least 100', and by raising the parapet from 4' to 5Y2' on Parcel 5 and by requiring that the lights be mounted below the parapet, and by agreeing to a 2' berm along Adams. She added that the berming is an issue she wished to discuss with the Council, because a condition of approval requires berming all along Highway 111 to the south of the property and she had only intended to berm from Avenue 47 southerly. Some of their other concerns dealing with loading and unloading of vehicles have been taken care of in the Specific Plan, Exhibit 11. There will be no parking allowed on Adams. The streets are being built on the interior to allow for the loading and unloading. They have also added a condition stating that there are no signs on the buildings. Noise was also one of their concerns and they were happy to learn that there will be no paging system. Regarding lights, they will be shielded on the west sides of the property specifically so that the lights will not spill over into the Lake La Quinta area. They were also concerned about auto body repairs and paint shops and she pointed out that the service bays are directed on the west side of the property north and south and on the south side they are directed east and west. Some of the issues that need to be addressed includes: 1) the berming; 2) name of the street cannot use La Quinta Center Drive, so they are asking that it be changed to La Quinta Drive; 3) in the Specific Plan on Exhibit 2 and 2-1, there is a strip of property that CalTrans gave to them which needs to be incorporated into the project; 4) she objected to the requirement of conforming to the City's BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 26 July 15, 1997 Landscape Guidelines since those guidelines have not been approved by the Council; therefore, she wished to have the landscaping as submitted be approved, because if the guidelines change, then she will have to change, too, and she didn't feel that is fair; 5) on Page 44, Item 2 of the Specific Plan, she wished to have read dealership and/or franchise" and to add the verbiage that architectural forms may require signage to be split on more than one face of the building and splitting would be subject to Planning Commission approval; 6) re: Condition No.1 2 of the Specific Plan she felt that it's important to make sure that the condition requiring a distance of 60' between buildings be maintained in the conditions to retain the view of the Santa Rosa Mtns.; 7) re: bus stops, she learned that SunLine provides bus stop shelters, but, also just learned that contained in the Highway 111 Guidelines is a requirement for a more enhanced bus stop, but since these guidelines have not yet been adopted, she had a problem having that condition imposed. She noted that Indian Wells installed their enhanced bus stops with a grant. She stated that her concern is that these bus stops are not in her budget and not knowing what guidelines will ultimately be adopted, she didn't know what to agree to. In response to Council Member Adolph, Ms. Clarke advised that the Lake La Quinta Homeowners wanted an 8' wall on a 3' berm and her proposal was a 6' wall on a 2' berm and she has heard nothing back regarding her proposal. Regarding the lighting, she advised that they will be metal halide fixtures and on the western side of the property, the lights will be shielded. Ms. Clarke referred to Condition No.36 on Page 50 concerning the term shall" and not knowing what the City is actually planning. She reiterated her concern with Condition No.60 on Page 54 regarding the bus stops. Council Member Adolph advised that the City has been discussing a figure of $25,000 for the bus stops. In response to Council Member Sniff, Ms. di Iorio advised that the Highway 111 Guidelines have been approved by the Planning Commission and are scheduled to be before the Council on August 5th * Council Member Henderson agreed that we cannot commit Ms. Clarke to an unknown and suggested that verbiage be added to require the enhanced bus shelters, not to exceed $25,000 which could be a part of the Development Agreement. Council Member Sniff felt that the condition as currently stated in the Specific Plan should remain as is. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 27 July 15, 1997 Robert Pippin, 73-550 Alessandro, Palm Desert, Attorney for Granite Construction Company, advised that he was present to speak in opposition to the Environmental Impact Report, further advising that he submitted a letter to the Council which he urged them to read. In addition to that letter, his comments deal with the consultant's comments that in most of the issues, no significant environmental impact was found, which he stated did not surprise him due to the parochial nature of their study. He felt that the study of potential impacts was limited to the City of La Quinta and ignored impacts on neighboring cities and impacts from neighboring cities. Roger Wilner, representing the City of lndio Attorney's Office, advised that he submitted a letter to the Council and offered to read it into the record. Mayor Pro Tern Perkins advised that he was welcome to do that if he wished. Council Member Sniff advised that his letter will be entered into the record. Richard Zeilenga, Special Environmental Counsel for the City of La Quinta, retained to address this project, advised that he sympathized with the Council in trying to read the letters submitted here tonight, as he's been trying to digest the recent submissions. He referred to two historical letters copies on file in the City Clerk's Office) as follows: 1. To the Mayor of the City of lndio from Richard Gattis of the law offices Gattis & Kuncz dated October 30, 1995. 2. To Mr. Richard Gattis from David J. Erwin, City Attorney for the City of lndio, dated November 13, 1995. Mr. Zeilenga stated that they indicate that the City of lndio had pre-determined two years prior to the environmental process beginning on this project?, that they would sue based on CEQA regardless of action taken should the lndio auto dealers decide to move out of the City of lndio. Mr. Zeilenga also referred to Mr. Pippin's letter and referred to a Desert Sun article dated July 12, 1 997 copy on file in the City Clerk's Office) regarding an Indian burial site being found where Eagle Hardware is grading. That article elaborates on the procedures that La Quinta follows and how they respond to such discoveries and how it effectively mitigates them. In light of the comments received from the City of lndio, both tonight and in their May 8, 1997 letter, he suggested that the Council consider an amendment to the statement overriding considerations regarding the benefits of this project BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 28 July 1 5, 1 997 outweighing any potentially adverse environmental impacts identified by the City of Indio and Granite Construction Company. Francisco Urbina, 45-848 Paradise Palm Lane, lndio, submitted a letter to the City Council. Council Member Sniff requested that all letters received be entered into and made a part of the record. Mayor Pro Tern Perkins called for a brief recess. When Council resumed the meeting, the Mayor Pro Tem Perkins advised that the Council has received several items of correspondence and called for a short time of quiet to provide all Council Members to read the letters which were submitted this evening. Chris Clarke, referred to the comments made during the public hearing and in the letters submitted and stated that she was approached by five auto dealers last July. Mr. Pippin seems to think that this Country was not founded on free enterprise, and that these dealers have been working with the City of lndio for ten years and with La Quinta) to build a new auto mall. She spoke on behalf of the dealers because they have a right to go where they want to and conduct their business the way they want to just as a company like Stamko has a right to go into something that is compatible with the City's General Plan. So she wished to set the record straight that these dealers have made these decisions and she didn't feel that it's fair for lndio to hold their businesses hostage because this Country was founded on free enterprise. Mr. Zeilenga, Special Legal Counsel for the City of La Quinta asked Mr. Urbina, a member of the audience who was video-taping parts of the proceedings, if he would be willing to make a copy of his tape available to the City to be a part of the administrative record should it be requested of him, and he responded in the affirmative. There being no one else wishing to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED. Council Member Sniff followed up on Ms. Clarke's comments, stating that the City of La Quinta has not made any effort, whatsoever, to solicit dealers from any other city including lndio. The dealers are leaving lndio on their own initiative rather than being solicited by La Quinta. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / ii City Council Minutes 29 July 15, 1997 In response to Council Member Henderson, Mr, Herman advised that each request to display vehicles on Highway 111 will require Planning Commission approval. Council Member Henderson wished to see that condition changed to allow the Community Development Director to make such approval. Regarding the size of the trees, Ms. di Iorio advised that the tree size is required to be 2Y2" 3'* and a 36" box. Council concurred on leaving the diameter size in the condition, but deleting the reference to the box size since that isn't always indicative of the tree size. Council Member Adolph advised that he had no problems with Parcel 1, but Parcel 2 needs to have the rear elevation enhanced because it will face the street. He also had a problem with the design of the Chevy dealership and with the streetscape along Adams is not the best. He said that it's nothing he's going to be insistent on, but suggested that these two elevations be looked at. Ms1 Clarke advised that there is a roof breaking up Parcel 2 and it is smaller than Parcel 1, so you'll see far less of that building. Regarding the bus stops, Council Member Henderson suggested requiring the condition to commit them to $15,000 with the City participating. Council Member Sniff stated that this issue has consumed a great deal of his time over the weekend literally hours). He felt that all of the documents, including the EIR are excellent documents. He had some problems with the effect this project may have on the area, but the EIR satisfied any concerns he had. He felt that the City has done its due diligence all the way around and he and no one else has made a pre-determined decision. RESOLUTION NO.97-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED BY SPECIFIC PLAN 97-029: DEVELOPMENT AGREEMENT 97-002; CONDITIONAL USE PERMIT 97-034; SITE DEVELOPMENT PERMIT 97-603 AND TENTATIVE PARCEL MAP 28525, AS BEING ADEQUATE AND COMPLETE: RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. SPECIFIC PLAN 97-029: DEVELOPMENT AGREEMENT 97- 002; CONDITIONAL USE PERMIT 97-034; SITE DEVELOPMENT PERMIT 97- 603 AND TENTATIVE PARCEL MAP 28525 STAMKO DEVELOPMENT CO. BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 30 July 15, 1997 It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-62 as submitted with inclusion of the following language to the Statement of Overriding Considerations The La Quinta City Council has reviewed the comments and objections filed by the City of lndio and Granite Construction Company and finds that they are devoid of substantial merit. The City Council expressly finds and declares that even if those comments and criticisms had merit, and one or more of the environmental impacts identified were not mitigated to a level of insignificance, nevertheless, the benefits of the proposed project outlined in this Statement of Overriding Considerations outweigh any potentially adverse environmental impacts identified by the City of Indio and Granite Construction Company, end are, therefore, deemed to be acceptable by the La Quinta City Council. Motion carried unanimously with Mayor Holt ABSENT. RESOLUTION NO.97-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 28525 TO ALLOW A 10- LOT COMMERCIAL SUBDIVISION AND LETTERED LOTS A", B", AND C" ON APPROXIMATELY 87 ACRES. CASE NO.: TENTATIVE PARCEL MAP 28525; APPLICANT: STAMKO DEVELOPMENT CO. It was moved by Council Members Sniff/Adolph that Resolution No.97-63 be adopted with amended conditions. Motion carried unanimously with Mayor Holt ABSENT. RESOLUTION NO.97-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 97-029. CASE NO.: SPECIFIC PLAN 97-029; APPLICANT: STAMKO DEVELOPMENT CO. It was moved by Council Members Sniff/Henderson that Resolution No.97-64 be adopted including amended conditions and including additional Condition No. 24 to read Bus turnouts shall be provided as a part of the project's public street improvements." Additionally, the project developer shall provide a bus stop shelter that complies with the City's pending transit shelter plan for Highway 111 not to exceed a cost of $15,000 and to be compatible with all other language in the Development Agreement and wherever else it's necessary, including in Condition No.1 changing La Quinta Center Drive to La Quinta Drive; changing Condition No. 18 to add a second sentence to #2 to read Architectural forms or designs may require signs to be split on more than one building face or element, subject to Planning Commission's approval; Condition BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 31 July 15, 1997 No.20, delete the sentence stating Specify that the sign can be split on one or more building faces;" add Condition No.24 stating that the shoebox lighting fixtures shall have flesh lenses; Condition No. 25 change from Planning Commission to Community Development Director and changing Condition No. 1 2 to read from 60 feet to 65 feet; and add Condition No.26 regarding the revised right of way for Highway 111. Motion carried unanimously with Mayor Holt ABSENT. RESOLUTION NO.97-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AUTOMOBILE SALES AND SERVICE. CASE NO.: CONDITIONAL USE PERMIT 97-034, APPLICANT: STAMKO DEVELOPMENT CO. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-65 as submitted. Motion carried unanimously with Mayor Holt ABSENT. RESOLUTION NO.97-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 97-603 FOR THE DEVELOPMENT PLANS FOR FIVE AUTOMOBILE DEALERSHIPS. CASE NO.: SITE DEVELOPMENT PERMIT 97-603, APPLICANT: STAMKO DEVELOPMENT CO. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-66 as submitted. Motion carried unanimously with Mayor Holt ABSENT. MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.306 by title and number only and waive further reading. Motion carried unanimously with Mayor Holt ABSENT. ORDINANCE NO.306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT CO. CASE NO. DEVELOPMENT AGREEMENT 97-002, APPLICANT: STAMKO DEVELOPMENT CO. It was moved by Council Members Sniff/Adolph to introduce Ordinance No.306 on first reading. Motion carried on the following vote: BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02 / City Council Minutes 32 July 15, 1997 AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tern Perkins NOES: None ABSTAIN: None ABSENT: Mayor Holt Chris Clarke thanked the Council for their actions on behalf of Stamko Development and the dealers. She asked that the Council call a special meeting for next week to have the second reading of the ordinance as it does have some effects which can be discussed with the Council by their attorney. Ms. Honeywell, City Attorney, advised that a special meeting can be called on 24-hours notice and didn't see a need to take that action at this time. No action on the request was taken. Council adjourned to Closed Session as delineated on Page 7. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Res pe*fully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 09-16-1997-U01 09:46:23AM-U01 ADMIN-U01 CCMIN-U02 07-U02 15-U02 1997-U02