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1997 09 16 CC Minutes0# LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 1 6,1 997 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 Ivan Price, 1 577 S. Indian Trail, Palm Springs, Capital Development Director of ABC Recovery Club, briefly reviewed the services they provide in lndio and their expansion plans regarding their transitional housing facility and a community building. He advised that they hope to help fund the new housing facility with low-income-housing tax credits from the State. Fred Wolff, 77-227 Calle Ensenada, addressed the Council regarding some political campaign material he saw recently and stated that he hoped the candidates would base their campaigns on positive comments about themselves instead of negative comments about others. CONFIRMATION OF AGENDA Council Member Adolph asked that Consent Calendar Item Nos. 6, 10, and 11 be moved to Business Session Item Nos. 12, 13, and 14. MOTION It was moved by Council Members Sniff/Henderson to move Consent Calendar Item Nos. 6, 10, and 11 Denial of Claim for Claire Grinde, Jefferson Street Resurfacing Project, and Professional Services Agreement with Nickerson, Diercks, & Associates) to Business Session Item Nos. 1 2, 1 3, and 1 4. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of August 5, 1997 as submitted. Motion carried with Mayor Holt ABSTAINING. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 2 September 1 6, 1 997 MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of August 1 9 and September 2, 1997 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Holt presented a plaque to Al Newkirk in appreciation of his service on the Planning Commission. Mayor Holt also presented a plaque to Tom Freeman in appreciation of his service as the City's representative on the Palm Springs Regional Airport Commission. Mayor Holt presented a proclamation to Kathryn Hull, Chair of the Cultural Commission and John Walling, Chair of the Art in Public Places Commission, proclaiming October 1 997 as National Arts and Humanities Month. WRITTEN CORRESPONDENCE 1. LETTER FROM JOHN F. KENNEDY MEMORIAL HOSPITAL REGARDING A RESIDENCY WAIVER FOR DR. QURESHI RELATING TO THE HEART INSTITUTE OF SOUTHERN CALIFORNIA. Council concurred on directing staff to mail a response, stating that Council felt they did not have the background needed to make a recommendation, but hoped the matter would be dealt with in an expeditious manner. 2. LETTER FROM COACHELLA VALLEY WATER DISTRICT APPEALING A STAFF DECISION RELATING TO MID-VALLEY WATER RECLAMATION PLANT NO.4 INFLUENT FORCE MAIN NO.2, SEGMENT 2. Council concurred on scheduling a hearing for Tuesday, September 30, 1 997 at 1:30 p.m. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 3 September 1 6, 1 997 BUSINESS SESSION 1. CONSIDERATION OF A PUBLIC SWIMMING POOL AT FRITZ BURNS PARK. Mr. Vogt, Public Works Director, advised that on December 1 7, 1996, Council directed staff to set aside $518,000 of the Community Service Projects Fund for a swimming pool of approximately 75' X 35' and a wading pool of approximately 30' diameter X 1 8" deep at Fritz Burns Park. He advised that the size of the swimming pool could be increased to 75' X 42' to make it a more basic size for swimming events and the depth of the wading pool could be increased to 24" deep to allow swimming lessons for toddlers. The cost estimates range from $341,750 to $761,438. The lower amount is based on discussions with contractors and the higher amount is contained in the July 1 994 report by Berryman & Henigar. In reviewing some of the history related to the pool project and CVRPD's proposal to maintain and operate it, he advised that after Proposition 218 passed, CVRPD withdrew their June 1 995 proposal due to the uncertainty of its effect on their yearly assessment, but after they received a 71 %-margin approval on their mail-in ballot in July, they voted on September 1 0, 1 997, to enter into a 25-year lease agreement with the City for maintenance and operation of the pool. Under the terms of the agreement, CVRPD will provide lifeguards, maintain and operate the pool, and receive all revenue from concessions and programs. The cost of major repairs will be evenly divided between CVRPD and the City and the City will pay CVRPD a subsidy of $26,174 the first year of operation, with the amount decreasing $1 454 each subsequent year for 18 years. He advised that CVRPD also wishes to have some input into the design of the pool. He further advised that upon Council's direction, staff looked into the possibility of obtaining a bond to protect the City for a period of 10 years should the agency providing maintenance and operation of the p6ol back out of the contract. Neither of the two bonding agencies contacted were willing to issue a 10-year bond and would only offer a yearly-renewable, three-year bond for $100,000. However, CVRPD has agreed to include language in the agreement that would require them to pay the City for maintenance and operation costs should they back out of the 25-year lease and they wish to have similar language included that would require the City to pay CVRPD a certain amount of money should the City back out. Staff asked for direction regarding distribution of an RFP and to begin negotiations with CVRPD. Council Member Adolph advised that his concern has always been with the economics of the project and asked if it would be a secure contract that CVRPD couldn't back out of. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0#City Council Minutes 4 September 1 6, 1 997 Mr. Vogt advised that the goal would be to make the contract as tight as possible and noted that CVRPD feels confident with their funding and has requested a 25-year lease. Council Member Adolph felt that a firm agreement is as good as a bond and advised that when he spoke to Don Martin, he was confident that they could draft an agreement that would be acceptable to the City. In response to Mayor Holt, Mr. Vogt confirmed that it was CVRPD that requested a 25-year lease agreement. Council Member Henderson asked if CVRPD's agreement to pay for maintenance and operation of the pool should they back out of the agreement is based on their perception of the costs or the City's, noting that the City's estimates are higher. Mr. Vogt advised that no numbers were mentioned, but the agreement will include a CIP escalator and the City will have access to CVRPD's records of maintenance and operation costs. Council Member Sniff noted that this issue has been going on since May 1 994 and advised that he's not concerned about the agreement with CVRPD because it's not before Council at this time and he's confident that staff will negotiate the strongest agreement possible. He supported moving forward with the pool and wished to have it operational by May 1 5,1 998. He felt it would be used by many segments of the community and enhance the value of the park enormously. Council Member Adolph asked if staff was comfortable with the contractual figures in the staff report. Mr. Vogt advised that staff would make sure the consultant works within the parameters of the budget during the RFP and design process and is not proposing the completion of another feasibility study. Council Member Sniff advised that he wouldn't support spending any more than the $518,000 that was set aside, plus any accumulated interest, pointing out that it's not tax money, but rather what is left of the $1 million that Landmark Land Company contributed to the City in mitigation for the elimination of the Jefferson Street access to Lake Cahuilla. Council Member Perkins advised that he was against the pool from the beginning, noting that it started out as a $2.5 million project with a very BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# 1' City Council Minutes 5 September 1 6, 1 997 expensive annual maintenance budget and now it's down to $518,000. He advised that before he would feel comfortable supporting the pool, the cost estimates would have to be narrowed down and the number of months of operation would have to be determined since that would affect the City's contribution to the maintenance costs. He personally felt the money would be better spent on some type of year-round facility, but advised that he would be more likely to support the pool if more definite cost figures were brought back to Council. Mayor Holt felt that any approval would be contingent upon the costs not exceeding $518,000 and advised that she understood that CVRPD's proposal was for a four-month period of operation. Mr. Vogt didn't recall a time period being stated in CVRPD's proposal and advised that it would be included in the negotiations. Council Member Perkins advised that he would rely on CVRPD's experience. Fred Wolff, 77-227 Calle Ensenada, felt all of the conditions have been met and encouraged Council to move forward with the RFP, hoping to have the pool ready by May 1998. Joan Rebich, 53-810 Avenida Cortez, believed the pool would benefit all segments of the community and urged Council to approve it without any further studies. Bianca Montes, 52-830 Avenida Martinez, spoke in favor of the pool and felt it would benefit the youth in La Quinta. Adrianna Banos, 78-990 Miles Avenue, pointed out that having a pool in Fritz Burns Park would provide a place for people to meet and exercise or swim during the hot summer months. Lameka Ingram, 78-625 Sanita Drive, spoke in favor of the pool and felt it would reduce loitering and violence in the City, as well as provide affordable recreation for students who can't afford after-school sports. She urged Council to give the youth an opportunity to prove that the pool would be of great use to the community. Carl Ingram, 78-625 Sanita Drive, felt it's appalling that there's even a debate on the need for a pool, pointing out that the summer temperatures in this area are some of the highest in the world and that the area has become more family- oriented with residents staying year-round. He commented on the benefits of BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# 5, City Council Minutes 6 September 1 6, 1 997 having a community pool and why he believed the pools at La Quinta High School and Lake Cahuilla don't fill the need. He also noted that a majority of City Council and Parks & Recreation Commission are in favor of the pool and that CVRPD, who is the valley's leading authority on community pools, has enough confidence in the project to offer a 25-year lease agreement. He complimented Mayor Holt and Council Members Adolph and Sniff for continuing to support the pool project and thanked Don Martin of CVRPD and the media for their support as well. Aaron Healey, 54-455 Eisenhower Drive, urged approval of the pool because he felt it would benefit the youth in the community. Trice Healey, 54-455 Eisenhower Drive, spoke in support of the pool and hoped to be able to take her students to a pool at Fritz Burns Park next June, noting that it cost her twice as much to take them to Lake Cahuilla last summer because of the transportation costs. She referred to the success of community pools in other cities of only 5,000-6,000 population that don't even have the climate to support a pool like La Quinta does and urged Council to stop debating the issue and to build the pool. Council Member Henderson commented on the transportation program that the City provided to Lake Cahuilla last summer. She felt that, although, the opinions may vary on the success or failure of using the Lake Cahuilla pool, the transportation program itself was provided and, therefore, a success. Whether or not the bus service was taken advantage of was an individual decision. She felt the amount of time Council has spent discussing the pool issue is why the costs have decreased from $2.7 million to $518,000 and asked if the RFP would be for consultant services to complete the design specifications for the pool and would come back to Council for approval to which Mr. Vogt responded yes. She felt the overwhelming support received throughout Coachella Valley for CVRPD's yearly assessment was an indication of how people feel about CVRPD and their programs and that it secured the level of funding support to CVRPD that makes them the viable entity to operate the pool. She supported authorizing an RFP and having it brought back to Council for a decision on whether or not the pool can be built with the necessary amenities for $518,000. Council Member Perkins agreed that the Council's deliberations on this matter have contributed to the cost estimates being reduced to a more reasonable figure and supported moving forward with an RFP to find out if the pool can be designed and constructed within the amount set aside. He felt when residents keep coming back after making a request, that they make the community BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# 1 City Council Minutes 7 September 1 6, 1 997 worthwhile and he believed it's important for them to know that they can change city hall. In response to Council Member Adolph, Mr. Vogt advised that he hoped to bring back a negotiated agreement with CVRPD by late November or early December and that the timeframe for completing an RFP for design, plans, and specifications would depend on whether or not Council wishes to have staff do an RFP or an RFQ for a design/construct contract, which would be done in phases to control the costs. He hoped to bring it *ll back in time to complete construction by May 1998. Council Member Adolph was concerned about possibly ending up with a 2/2/1 vote if a decision isn't made until after the election. He felt the pool decision is this Council's responsibility and that the contractual agreement with CVRPD could be worked out later on and that staff should do whatever necessary to bring this back to Council prior to the election. Mr. Genovese, City Manager, advised that staff would try to bring back an agreement with CVRPD sometime in October, but pointed out that staff can't govern CVRPD's timeframe and that the construction document, which is the binding commitment for the pool, is unlikely to be brought back before November because of the time involved in designing the pool before letting the bid. Council Member Perkins stated that he resented this being made a political issue. He felt there will be at least three votes in favor of the pool, regardless of the election results, pointing out that he has earlier stated that he would support the pool if the costs don't exceed $518,000. Council Member Henderson advised that she, too, resented the election being brought into this discussion and didn't feel that Council could ask staff to guarantee that this wif I be brought back before the election. Council Member Sniff advised that he has confidence that the Council Members will be honorable and keep their word. Mayor Holt was pleased that there's a commitment to move forward and expressed appreciation to the community for their continued support of the pool issue which she feels is important to the community. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# U City Council Minutes 8 September 1 6, 1 997 MOTION It was moved by Council Members Sniff/Perkins to direct staff to complete an RFP for consultant services to complete design, specifications, and cost estimates for the construction of a public pool at Fritz Burns Park and to negotiate a 25-year lease agreement for the operation and maintenance with CVRPD, with the pool costs for design and construction not to exceed $518,000 plus interest earned to-date in the Community Services Projects Fund and with a targeted completion and opening date of May 1 5, 1998. Motion carried unanimously. MINUTE ORDER NO.97-134. 2. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING MODIFICATIONS TO EXISTING SIGNS FOR THE BEER HUNTER LOCATED AT 78-483 HIGHWAY 111 AND WASHINGTON STREET. APPELLANT: GARY WRIGHT ARCHITECTURAL NEON AND SIGN CO.) FOR THE BEER HUNTER. Ms. di Iorio, Planning Manager, reviewed the appeal filed by the Beer Hunter Sports Pub and Grill of a Planning Commission's decision, advising that the applicant has submitted two sign requests and the Planning Commission has imposed a condition that the words Beer Hunter" be retained on the sign on the east side of the building and that Sports Pub and Grill" be replaced with their logo. In regard to the second sign, the Planning Commission denied the applicant's request to replace an existing wall-mounted sign on the north side of the building with a 36-square foot, free-standing, monument sign that would face north and sit parallel to the building eaves, but allowed a 1 5 sq. ft. wall- mounted sign to replace the existing 10.6 sq. ft. wall sign. In response to Council Member Henderson, Mr. Herman, Community Development Director, advised that the monument sign would be 1 0-pIus feet from the building. Bob Thomas, 41-945 Hemmingway, Vice President and Director of Operations for Beer Hunter, advised that they have scaled down the size of the monument sign, but still feel that it will give them the visibility they need. The reason they wish to retain the words Sports Pub and Grill" on the sign on the east side is because they're trying to focus more on the food aspect of their establishment. Council Member Sniff didn't have a problem with either sign as long as the size of the monument sign has been scaled down. Council Member Henderson felt the restaurant has a responsibility to the City because of it's unique location which is probably one of the most important intersections in the City for Council to be concerned about. She supported their BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# 1 City Council Minutes 9 September 1 6, 1 997 wish to enhance their signs and advised that she usually supports the use of logos, but in this case felt the words Sports Pub and Grill" would be better than the logo because of its indication of a bar." She asked if the monument sign could be moved closer to the building. Mr. Thomas advised that it's only 5-6 feet from the building and architecturally designed to tie into the screen wall, noting that he would rather detach it and move it closer to the corner. Council Member Henderson suggested attaching the sign to the screen wall. Mr. Herman reviewed the proposed location for the monument sign, advising that it would be approximately 20 feet from the sidewalk. Council Member Adolph suggested building out from the trash enclosure wall and making the sign a part of the wall. Council Member Henderson felt the sign should be away from the corner because of the number of things already at the intersection that are making it very busy. Council Member Sniff supported placement of the monument sign as proposed or with making it a part of the cinder-block wall because he felt moving it eastward would clutter the corner even more. Council Member Perkins didn't feel that it would look right attached to the wall and asked how far the sign would be from Washington Street to which Mr. Herman responded 30-40 feet. He preferred the location proposed by the applicant. MOTION It was moved by Council Members Sniff/Henderson to grant the appeal of Gary Wright for the Beer Hunter for the modified signs requested by the appellant, subject to conditions allowing the signs on the east and west sides without the logo and allow the 36 sq. ft. sign on the north side, parallel to the wall. Motion carried unanimously. MINUTE ORDER NO.97-135. Council concurred on taking up Business Session Item No.10 at this time. 10. CONSIDERATION OF AN APPOINTMENT TO THE PALM SPRINGS REGIONAL AIRPORT COMMISSION. Council proceeded to interview the following applicants for the Palm Springs Regional Airport Commission: BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 10 September 1 6, 1 997 Mr. Richard Crissman Mr. R. Thomas Tom) Priestly Mr. Robert Tyler Mr. Dale Sullivan and Mr. John Wagner were not present) Council Member Henderson felt each of the applicants have a lot of talent and ability to offer and pointed out that there are vacancies on some of the City*s commissions, such as the Investment Advisory Board. She felt Mr. Freeman has done an outstanding job representing the City on this commission, noting that the demands of this commission are great with meetings held twice a month and suggested appointing an alternate to help cover the meetings. She also welcomed the assistance of any of the applicants to help her on the Coachella Valley Airport Authority. Council concurred on appointing an alternate to the commission, if allowed, and on appointing both positions for two-year terms. Voting for Member Ballot No.1: Council Member Adolph voted for Richard Crissman Council Member Henderson voted for Robert Tyler Council Member Perkins voted for Robert Tyler Council Member Sniff voted for Robert Tyler Mayor Holt voted for Tom Priestley Voting for Alternate Ballot No. 1: Council Member Adolph voted for Richard Crissman Council Member Henderson voted for Tom Priestly Council Member Perkins voted for Tom Priestly Council Member Sniff voted for Tom Priestly Mayor Holt voted for Tom Priestly MOTION It was moved by Council Members Sniff/Henderson to appoint Robert Tyler to the Palm Springs Regional Airport Commission for a two-year term and R. Thomas Priestly as alternate for a two-year term. Motion carried unanimously. MINUTE ORDER NO.97-137. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 11 September 16, 1 997 3. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF SITE DEVELOPMENT PERMIT 97-811 CONDITIONS OF APPROVAL, SPECIFICALLY CONDITION NO.15. APPELLANT: CENTURY HOMES COMMUNITIES MR. DENNIS CUNNINGHAM). Ms. di Iorio, Planning Manager, advised that Century Homes is appealing Condition No.1 5 of the Planning Commission's approval of Site Development Permit 97-611. She advised that Condition No.15 requires a minimum clear width of 1 6' for two-car-garage openings and a minimum of 2' from the garage door opening to the outside edge of the parking structure to facilitate proper exiting from vehicles, etc. She advised that other homes constructed in 1 994 and 1996 by the applicant in the same area have only a one-foot opening. In response to Council Member Henderson, Ms. di Iorio advised that the two- foot requirement is not in the zoning regulations that Council just recently reviewed and modified. Council Member Adolph asked if it was a structural problem, noting that it's been allowed in the past. Dennis Cunningham, 45-540 Desert Fox Drive, representing Century Crowell Communities, advised that they currently have 30 homes under construction with that configuration which, when completed, will make about 240 constructed since 1 994. He further advised that their plans are stamped by a structural engineer and that the width requirement is not addressed in the UBC. In response to Council Member Adolph, Mr. Cunningham pointed out that constructing the new homes with a different width would pose a compatibility problem and he felt if width was a problem, that they would have heard something in regard to the homes already built. Council Member Sniff supported granting the appeal since the requirement is not mandated in the City Code and because of the number of homes they've already built with that configuration. He advised that he didn't see the fundamental logic or basis for the condition. Council Member Henderson agreed and felt Council should modify the zoning regulations if they want the width requirement. Council Member Perkins advised that he wished the requirement was in the zoning regulations because the width would provide more room to get in and out of vehicles, but since it's not, he would support the appeal. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I" City Council Minutes 1 2 September 1 6, 1 997 Mayor Holt advised that she, too, would support the appeal. Council Member Adolph suggested bringing the issue back for consideration for future projects. Council Member Henderson noted that the Planning Commission could take it up as a study session item. MOTION It was moved by Council Members Sniff/Henderson to grant the appeal of Century Homes Communities for Site Development Permit 97-611 by eliminating Condition No.15. Motion carried unanimously. MINUTE ORDER NO.97-138. Council Member Sniff suggested reviewing any other related zoning issues at the same time instead of looking at them one at a time, but Council Member Henderson noted that it might be easier to deal with the issues one at a time rather than have a massive review. Mr. Cunningham suggested getting input from the building industry before making changes to find out what the effects would be. 4. CONSIDERATION OF THE HIGHWAY LANDSCAPE AND ARCHITECTURAL DESIGN GUIDELINES. Ms. di Iorio, Planning Manager, advised that since the entry signs are a Capital Improvement Project, they've been removed from the design guidelines. Two additional guidelines have been added with the first one restricting landscape setback areas fr6m being used as storm water retention areas and the second one provides lighting options. She advised that staff feels that uplighting of trees would provide sufficient lighting for sidewalks and that pop-up lights would not be a stable feature. The bus shelter design has been modified to include telephones and water fountains as options and a layered, clay roof tile inset has been added to the angled wall in the rear to break up the wall mass. Six-inch curbing has been added to provide a storage area for shopping carts. In addition, should" has been changed to shall" in the architectural guidelines and wording has been changed for better clarification. In response to Council Member Perkins, Ms. di Iorio advised that future development proposals will be submitted for review and required to be in conformance with these guidelines. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0 # I City Council Minutes 13 September 16, 1997 In response to Council Member Adolph, Ray Lopez, P.O. Box 1 2885, Palm Desert, of Ray Lopez Associates, reviewed the front and side elevations of the bus shelter and agreed to extend the clay roof tiles beyond the wood beam to keep water from dripping onto the wood beam. Council Member Henderson complimented staff on the guidelines and reminded Council that the Building Horizons Program is interested in participating in the construction of the bus shelters. Council Member Sniff advised that he disagreed with staff's recommendation to illuminate the sidewalks with uplighting on the trees and felt small lights shining down onto the sidewalks would provide low-level lighting that's both functional and attractive. Mr. Lopez explained that they were concerned about vandalism and didn't want to use large boulders like Indian Wells has done to deter the problem, but agreed to look into other options. Council Member Adolph noted that the uplighting used on the trees on PGA West Boulevard spills over onto the sidewalks. Mr. Lopez advised that the uplighting fixtures are usually placed 1 2-1 8 inches from the ground, but the particular type of light hasn't been determined yet. Council concurred on leaving sidewalk lighting as an option. MOTION It was moved by Council Members Sniff/Adolph to approve the Design Guidelines for Highway 111 corridor) as submitted. Motion carried unanimously. MINUTE ORDER NO.97-139. Mr. Lopez advised that the entry sign design has been modified as directed by Council with the addition of a water feature and an increase in the height and width of the sign. He then reviewed the two locations and design of the signs, advising that the signs will be 30' long and 8'-10" high with an 8' high rock outcropping and waterfall. The landscaping will consist of date or palm trees, ocotillo, red bird of paradise, and low ground cover in front. Council Member Perkins wished to have distinctive signs with lettering that is easily read from a distance. Mr. Lopez advised that the back of the signs will be screened with landscaping. He further advised that the sign material hasn't been determined yet, but they're BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 14 September 16, 1997 looking at earthtone solid concrete cast in place. The signs will have torched, burnt lettering and be backlit. MOTION It was moved by Council Members Sniff/Adolph to approve the design for the two entry monument signs as submitted. Council Member Henderson advised that she would support the design, but felt the water feature is going to be a maintenance problem. Motion carried unanimously. MINUTE ORDER NO.97-140. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION Mayor Holt abstained from participating in Case Nos. INC 000492 and INC 002131 of Item No.1 as she has consistently done in the past. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation: Stamko Development Co., Case No. INC 000492 County of Riverside, Case No. INC 002131 Insurance Company of the West, Case No. INC 002476 Traditions, Case No. INC 003070 Dr. Tynberg Eminent Domain, Case No.088851 KSL/Coachella Valley Unified School District, Case No. INC 003108 KSL/J. M. Peters, Case No.002597 La Quinta v. Diehl Evans, Case No.782308; City of Orange V. Alabama Treasury Advisory Program, Case No. BC 106461; People of State of California V. Steven Rummonds, Case No. 1NM071412 2. Conference with legal counsel pursuant to Government Code Section 54956.9(b)3(E), regarding potential litigation one case). 3. Conference with legal counsel pursuant to Government Code Section 54956.9(b)3(C), regarding potential litigation one case). 4. Conference with legal counsel pursuant to Government Code Section 54956.9(c), regarding potential litigation one case). 7:00 P.M. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 1 5 September 1 6, 1 997 PUBLIC COMMENT Ron Gregory, 74-020 Alessandro Drive, Palm Desert, Project Landscape Architect for the Traditions Development, advised that they would like to have a more established landscaping at the approach to their development and are not proposing to change the design itself, but wish to give the City $29,368 to cover the costs of larger plants and trees in the medians and both parkways between Calle Tampico and Avenue 52. He felt the changes would be easy to coordinate since Logan Landscaping is the landscape contractor for both entities. Mr. Genovese, City Manager, felt it could be handled by staff as long as there are no changes in the type of plant materials being used and advised that the acceptance of fu*ds could be agendized for the special Council meeting on September 23, 1 997. Ms. Honeywell, City Attorney, confirmed that a resolution would have to be adopted to accept the gift of funds. PRESENTATIONS None PUBLIC HEARINGS 1. WEED ABATEMENTS/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON THE 1998/99 TAX ROLLS. A. CAPITOL CONT. CORP. APN 646-311-003 $187.50 B. HYMSON, HYMAN, & SYDELLE APN 646-312-038 $250.00 C. FRITZ B. BURNS FOUNDATION APN 773-113-001 $187.50 D. HERRERA, LUIS & JUANITA APN 773-121-002 $187.50 APN 773-121-003 $187.50 E. RAVEN, HARRY & DOROTHY APN 773-132-002 $187.50 F. MUGNI, ADAM APN 773-242*04 $187.50 G. PATTON, JAMES & EILEEN APN 773-275-016 $187.50 H. GENDEL, BEATRICE APN 774-083-007 $187.50 I. EICKMEYER, VIOLA ESTATE APN 774-164-019 $187.50 J. DESEGRANGES, DARRELL GLEN APN 774-171-007 $187.50 & DOUGLAS ABBO K. KLOSS, ROGER APN 774-171-008 $187.50 L. SARDO, FRANK J. ET AL & APN 774-235-016 $187.50 CAMARDO, PETER M. DAVIS, MICHAEL & ANNETTE APN 774-235-017 $187.50 N. MOUNTAIN SPRINGS DEVELOPMENT APN 774-292-006 $187.50 BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# U City Council Minutes 16 September 1 6, 1 997 The Mayor declared the PUBLIC HEARING OPEN. Mr. Hartung, Building & Safety Director, advised that payments have been received for parcels C, E, H, M, and N. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.97-71 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/Henderson to adopt Resolution No.97- 71 as amended deleting parcels C, E, H, M, and N). Motion carried unanimously. 2. ENVIRONMENTAL ASSESSMENT 97-343, 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 AND VARIOUS SUBSIDIARIES). REQUEST AND LOCATIONS: 1. APPROVAL OF ENVIRONMENTAL ASSESSMENT 97-343, 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, 24 DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY 17.6 ACRES AT THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER DRIVE. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 1 7 September 1 6, 1 997 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. 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 OBREGON, 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. The Mayor REOPENED THE PUBLIC HEARING. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0#City Council Minutes 18 September 16, 1997 Ms. di Iorio, Planning Manager, reviewed the application requests delineated hereinabove with the exception of the maintenance facility which was withdrawn from SDP 97-608). She advised that Council continued this public hearing on August 5; 1 997 and instructed the applicant to*restudy their proposal and meet with the surrounding property owners. Under the revised plan, which was reviewed and approved by the Planning Commission on September 15, 1997, the employee parking lot will be located in the center of the golf course, south of Avenue 50 and east of Eisenhower Drive, and have access only from Eisenhower Drive. The existing maintenance facilities will continue to be used except for the one on Avenida Obregon which will be removed to construct the 11 9 residential units. Other minor revisions consist of reversing the spa and moving it slightly to the north, reconfiguring the north Avenida Obregon cul-de-sac, and reversing a few of the units. Additional traffic information has been submitted by the applicant in regard to the entry gates, as well as an air-quality analysis and supplemental noise assessments for Calle Mazatlan, east of the gate, and Avenida Fernando, between Eisenhower Drive and Avenida Obregon. The Specific Plan has also been updated. Staff has made two changes to the conditions of approval dealing with the location and completion time of the perimeter walls and the improvements on Eisenhower Drive and she noted that all references to the size of the spa facility have been changed to 20,200 sq. ft. Chevis Hosea, 56-140 PGA West Boulevard, Vice President of Land & Commercial Development for KSL Development Company, commented on the significance of the project and reviewed the original and revised proposals, noting the relocation of the parking lot and the elimination of the maintenance facility and change of zone request for the property at Avenue 50 and Eisenhower Drive. They have a signed agreement with Santa Rosa Cove for mitigation of the stacking problem at the Avenue 50 gate and for joint use of the streets and gates. He felt their additional studies support the development and advised that they've agreed to construct a gate at the north end of Avenida Obregon to restrict access to their communities and the communities of Santa Rosa Cove, as well as the other associations. Three remaining issues of concern are density, zone change, and traffic and he felt in regard to density, that staff and the City Attorney would both confirm that KSL is within their rights to construct the number of units they've proposed, noting that the density levels designed in the Specific Plan would still not be reached. They need the change of zone to legally lease units for less than 30 days and he noted that regardless how the traffic is allocated to the various access points, the traffic figures are still below street capacities. He felt they've tried to mitigate all of the concerns, including agreeing to pay their share of maintenance costs for the entrance gates, and asked that their approval not be BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# U, City Council Minutes 1 9 September 1 6, 1 997 withheld because of non-land-use issues. He also asked that the requirement for a bus turnout on Eisenhower Drive Condition No.15) be eliminated due to inadequate space. Council Member Henderson asked staff if the developer has development rights to construct an additional 1 52 dwelling units in the area now proposed for 85 units and if the overall density would be reduced from 1 558 dwelling units to 1 367 dwelling units to which Ms. di Iorio responded yes. She also asked if the vacant parcel at Avenue 50 and Eisenhower Drive had been removed from the applicant's proposal and if the designation would remain LDR to which Ms. di Iorio again responded yes. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that references in the Specific Plan to the LDR property could be removed from the conditions if they're confusing. In response to Council Member Henderson, Ms. di Iorio confirmed a condition of approval that requires KSL to grant an easement for 210 acres of hillside property that is to remain undeveloped open space. In response to Council Member Henderson, Mr. Hosea confirmed that they have addressed the concerns related to the maintenance facility and parking facility by eliminating the maintenance facility and moving the parking facility to an area surrounded by golf course. Impacts to the Santa Rosa Cove gate have been addressed as well as the concerns about traffic being shifted to the Avenida Fernando gate by reaching an agreement with Santa Rosa Cove Association which allows residents to use either gate. The remaining issue of concern is that some of the residents want Avenida Obregon left open as an access point, which he said surprised him since traffic was an issue of concern before the employee parking lot was relocated. There are some street design details to be worked out, but they are prepared to accept a condition requiring them to leave Avenida Obregon open if it will secure them an approval of the project at this time. He reviewed a site plan for the Avenida Obregon access gate and advised that leaving Avenida Obregon open would result in the elimination of five units, thereby, reducing the number of units from 11 9 to 114 and further mitigating the density of the project. In response to Council Member Adolph, Mr. Hosea advised that hotel guests and residents would not be restricted from using either Calle Mazatlan or Avenida Fernando. He further advised that their agreement on the traffic issue with Santa Rosa Cove was reached after the August 5th Council meeting. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0#* * City Council Minutes 20 September 1 6, 1 997 as-- In response to Council Member Perkins, Mr. Hosea confirmed that 1 8 hotel units would be removed. The following people spoke in support of approval: Pat Cross, 78-570 Saguaro Road Wells Marvin, 49-941 CaIle Estrella suggested staff be authorized to work out any details that may come up. Jeff Zamensky, 48-61 9 Calle Esperanza Sharon Given, 48-955 Avenida El Nido Margo Sbrocco, 78-305 Terra Cotta Court Katie Gardner, 78-475 CaIle Felipe Meg DeRco, 55-020 Shoal Creek Claude Brock, 51-920 Avenida Velasco Lars Wool, 79-350 Desert Wind Court Sam Bumgarner, 78-351 Scarlet Court Diana Garcia, 78-825 Nolan Court Craig Hammill, 50-107 CalIe Oaxaca Mark Lytle, 79-275 Desert Stream Drive Larry Scheerer, 49-499 Eisenhower Drive, Gen. Mgr. of La Quinta Resorts Denise Burke, 78-201 Indigo Drive Deci Connelly, 54-880 Avenida Rubio Robert Cohn, 78-530 Saguaro Road Donald Hay, 44-1 55 Goldenrod Circle John Austin, 51-295 Avenida Diaz Debbie Webb, 42-995 Park Place #1 Larry Bojkovsky, 77-824 Wildcat Drive, Palm Desert, Pres. of Cove Electric Casey Sorensen, 55-670 Riviera, Pres. of VIP Landscape Inc. William Wolfs, 78-260 Darby Rd., Pres. of Calif. Landscape Contractors Assoc. Dennis Chappell, 74-856 Joni Dr., Palm Desert, Pres. of DCA David Jenkins, 47-085 Via Lorca Heniberto Herrera, 51-255 Avenida Herrera Dexter Barr, 68-665 Panorama Rd., Cathedral City, DCA Board Member Jim Major, 73-060 Santa Rosa Way, Palm Desert, of Cove Electric The following people spoke in opposition of approval: Donna Martin, 49-320 Avenida Fernando questioned where grass clippings, mulch and equipment would be stored since the maintenance facility has been eliminated and if parking for the hotel would be sufficient since the number of parking spaces in the new parking facility has been reduced. She urged Council to send the project back to the drawing board. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 21 September 16, 1997 Phil Burkhardt, P.O. Box 1369, Rancho Santa Fe, attorney for Tennis Villas didn't feel the additional access at Avenida Obregon was sufficient to mitigate the additional traffic on Avenida Fernando, noting that a maximum of 3,000 trips/day are contemplated in the General Plan and the traffic study projects 3,350-3,680 trips/day at full build-out of the developments. He felt the Avenida Fernando gate should have restricted use and that any approval should be subject to the developer having signed agreements for all issues of concern. Andy Vossler, 49-910 Lago Circle Drive questioned the distance of the parking lot from Avenue 50 and asked if the parking facility area would be re-zoned to TC. Bubba Lloyd, 77-313 Calle Mazatlan felt the traffic should be routed through Avenida Obregon and asked if it would be open all the way through. Dale Walter, 49-550 Calle Rosarita felt the additional traffic on Santa Rosa Cove streets would have an adverse effect on property values. Elly Dowd, 50-01 5 Calle Rosarita felt the traffic should be directed onto hotel property and that Calle Mazatlan should be an emergency gate. Sheldon Dillar, 49-215 Vista Ventura didn't feel the project is needed at the expense of homeowners having to deal with the traffic and wanted some assurance that Enclave residents wouldn't have a 300% increase in traffic on their streets. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Mayor Holt, Ms. di Iorio proceeded to address some of the issues raised by the audience as follows: * maintenance facilities the Carranza/Obregon facility is currently under expansion and all other facilities will be retained except for the area wherein the 114 units are to be constructed. * parking requirements the 244 parking spaces in the employee parking lot meets the requirements of the City Code and each of the bedrooms in the new units will have its own parking space. * LDR zoning* designation at Avenue 50/Eisenhower Drive will be retained. * *arkinu lot distance from Avenue 50 250 feet is the measurement for the driveway, not the parking lot. Council Member Henderson noted that, although, the area for the parking lot will be re-zoned TC, it has nothing to do with the vacant parcel at Avenue 50 and Eisenhower Drive. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 22 September 1 6, 1 997 Mr. Speer, Senior Engineer, proceeded to address the traffic issues, advising that, although, traffic behind the gate at Avenida Fernando would increase from 1 1 50 to 1 950 trips/day, which is approximately an 80% increase, it's within the residential capacity definition of 3,000 tripslday. Traffic behind the gate at Calle Mazatlan will increase from 3,450 to 3,680 trips/day which exceeds the residential capacity definition within the first several hundred feet because it has no direct access and does not function as a residential street. Past the first three intersections, the traffic level drops to approximately 2,100 trips/day which is within the residential category. In response to Council Member Henderson, Mr. Speer confirmed that opening Avenida Obregon would reduce those traffic counts. In response to Council Member Adolph, Mr. Speer advised that the number of daily trips is based on the 85 units generating 12 trips/day and almost 95% occupancy at the hotel. In response to Council Member Perkins, Mr. Speer confirmed that the hotel traffic would be spread throughout the day it will not generate peak traffic hours. Council Member Sniff felt the time spent on this process has been productive and advised that he would support the project, but wished to hear from KSL that they will make a reasonable effort to deal with the Avenida Obregon issue. Council Member Perkins advised that he has spent more time on this project than any since he's been on the Council. He appreciated receiving input from the community and KSL*s willingness to make some changes. Ms. Honeywell advised that the environmental studies were paid by KSL, but under the direction of staff at all times, noting that staff's direction to prepare the air quality study and update the original noise and traffic studies was based on facts prior to the proposed condition related to the opening of Avenida Obregon which will serve to enhance the environmental findings. Mr. Speer confirmed that Calle Mazatlan meets the General Plan requirements for a collector street which allows more traffic than a residential street. Ms. Honeywell recommended if the project is conditioned to keep Avenida Obregon open, that the findings of the resolution for the environmental assessment be modified as follows: eliminate No.2 and change No.3 to read, Prior to action on the project and the entitlement approvals, the City Council for the City of La Quinta jij* considered all potential significant adverse BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 23 September 1 6, 1 997 environmental impacts and mitigation measures, and has found that all potentially significant adverse environmental impacts which may be caused by the project and implementation of the entitlement approvals have been lessened or avoided to a point of insignificance." Council Member Adolph complimented KSL for resolving the maintenance facility/parking lot issue at Avenue 50 and Eisenhower Drive and suggested that rental guests be required to park outside and not use the streets of the gated communities. In response to Council Member Adolph, Mr. Hosea advised that participation in the rental program would be an elective decision, making it difficult to differentiate between the owner and guest and they have to provide parking within a certain distance for the owners. He felt by eliminating the five units and loading 20 units adjacent to Avenida Obregon, that the traffic impact to Santa Rosa Cove would be cut in half and hoped the matter of defining which of the remaining 79 units would use Calle Mazatlan would be left up to KSL and Santa Rosa Cove Association to work out. The rental program is relatively new to the industry and has generally been used in mountain areas, but not in a golf environment. He advised that their target audience will be repetitive hotel guests and as a destination resort, many of their guests will arrive in groups without individual transportation, resulting in significantly less trips than projected in the traffic study. Mayor Holt thanked the audience for their courtesy, noting that no project is perfect for everyone, and advised that she would base her decision on the merits of the project and nothing else. She commended KSL and the associations for working together to resolve the various concerns and commented on KSL*s benefit to the community. She pointed out that projects like this bring new jobs and business to the community and advised that the valley's TOT without the report of two cities) has exceeded last year's figure by $1 million. Council Member Sniff concurred with the Mayor's comments. Council Member Henderson suggested KSL and Santa Rosa Cove continue looking at the southern terminus gate which she felt is no longer needed. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 24 September 16, 1 997 RESOLUTION NO.97-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ENVIRONMENTAL ASSESSMENT 97-343 FOR SPECIFIC PLAN 121-E, AMENDMENT NO.4, GENERAL PLAN AMENDMENT 97- 054, ZONE CHANGE 97-083, TENTATIVE TRACT 28545, SITE DEVELOPMENT PERMIT 97-607, SITE DEVELOPMENT PERMIT 97-608, AND CERTIFICATE OF APPROPRIATENESS 97-003, FOR THE CONSTRUCTION OF A NEW SPA AND FUTURE FITNESS CENTER, EMPLOYEE PARKING LOT, AND 114 RESIDENTIAL SPECIFIC PLAN UNITS WITHIN THE LA QUINTA RESORT CAMPUS, LOCATED NORTHWEST AND SOUTHEAST OF THE INTERSECTION OF EISENHOWER DRIVE AND AVENUE 50 KSL RECREATION CORPORATION). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 97-72 as amended deleting Finding No.2 and amending No.3 as delineated by the City Attorney, including the opening of Avenida Obregon as an additional finding). Motion carried unanimously. RESOLUTION NO.97-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 97-054 KSL RECREATION CORPORATION). It was moved by Council Members Henderson/Sniff to adopt Resolution No.97- 73 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Henderson/Sniff to take up Ordinance No.308 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 97-083 RM TO TC RSP) AND RL TO TC RSP) KSL RECREATION CORPORATION). It was moved by Council Members Henderson/Sniff to introduce Ordinance No. 308 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 25 September 16, 1 997 RESOLUTION NO.97-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT NO.4 TO SPECIFIC PLAN 121 E KSL RECREATION CORPORATION). It was moved by Council Members Henderson/Sniff to adopt Resolution No.97- 74 as amended amending the text in Condition No. 2 to include Exhibit Revision C dated September 5, 1997, and adding a*condition requiring deletion of 110 units from the LDR district at Avenue 50 and Eisenhower Drive). Motion carried unanimously. RESOLUTION NO.97-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28545 ALLOWING A 127- LOT SUBDIVISION ON APPROXIMATELY 62.5 ACRES KSL DESERT RESORT, INC.). It was moved by Council Members Henderson/Sniff to adopt Resolution No.97- 75 as amended changing 132 tots to 127 lots). Motion carried unanimously. RESOLUTION NO.97-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 97-607 TO ALLOW 114 RESIDENTIAL SPECIFIC PLAN UNITS AND A HEALTH SPA IN THE LA QUINTA Resort SPECIFIC PLAN AREA KSL DESERT RESORTS, INC.). It was moved by Council Members Henderson/Perkins to adopt Resolution No. 97-76 as amended reflecting 114 units, a 20,200 sq. ft. spa, and modification to Condition No.8). Motion carried unanimously. RESOLUTION NO.97-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 97-608 ALLOWING AN EMPLOYEE PARKING FACILITY IN THE LA QUINTA RESORT SPECIFIC PLAN AREA KSL DESERT RECREATION CORPORATION). It was moved by Council Members Henderson/Sniff to adopt Resolution No.97- 77 as amended replacing Condition No.32). Motion carried unanimously. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 26 September 1 6, 1 997 RESOLUTION NO.97-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PROPOSED CONSTRUCTION AT THE LA QUINTA RESORT AND CLUB LOCATED SOUTH OF AVENIDA FERNANDO, WEST OF EISENHOWER DRIVE CERTIFICATE OF APPROPRIATENESS 97-003 KSL RECREATION CORPORATION). It was moved by Council Members Henderson/Perkins to adopt Resolution No. 97-78 as submitted. Motion carried unanimously. BUSINESS SESSION.............continued 5. CONSIDERATION OF APPOINTMENT TO THE CHAMBER OF COMMERCE BI- MONTHLY WORKSHOP INFORMATION EXCHANGE COMMITTEE. There were no changes to the staff report as submitted to the City Council from the Community Development Department and on file in the City Clerk's Department. MOTION It was moved by Council Members Sniff/Henderson to appoint Council Member Adolph to the Chamber of Commerce Workshop Information Exchange Committee for three meetings. Motion carried unanimously. MINUTE ORDER NO.97-141. 6. CONSIDERATION OF AN AMENDMENT TO TITLE 2, CHAPTER 2.85 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE REGARDING THE CULTURAL COMMISSION. Mr. Weiss, Assistant City Manager, advised that the Cultural Commission has recommended changes to the Commission's enabling ordinance that would broaden its scope of responsibility beyond the cultural arts to include ethnic, institutional, or intellectual endeavors, thus making it a more cultural organization as opposed to a cultural arts advisory body. Council Member Sniff wished to support the request, but questioned the intended meaning of all" in Section 2.85.020(A)(C) and Section 2.85.080(A). He further questioned regionally" in Section 2.85.020(A) and felt community" in Section 2.85.080(A) should be changed to City of La Quinta." BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 27 September 1 6, 1 997 After a brief discussion, Council concurred on eliminating all from the paragraphs, ending Section 2.85.020(A) after cultural or*anizations, and changing community to City of La Quinta in Section 2.85.080(A). Council Member Henderson felt that in the future, such changes should be brought to Council in the form of a report prior to submitting an ordinance for consideration. Council concurred. Council Member Perkins questioned funding and fund raisers" in Section 2.85.020(C)(6) and felt it should be changed to recommend funding." Council concurred. Council Member Perkins suggested sending the changes back to the Commission for review. Kathryn Hull, 77-260 CalIe Chillon, Chairman of the Cultural Commission, asked if the deletion of regionally" would restrict them from participating in regional workshops to which she was told no. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.309 by title and number only and waive fi*rther reading. Motion carried unanimously. ORDINANCE NO.309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.85 CULTURAL COMMISSION). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 309 as amended on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 28 September 1 6, 1 997 7. CONSIDERATION OF SELECTION OF COUNCIL MEMBER(S) TO SERVE AS A REPRESENTATIVE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES RIVERSIDE DIVISION. Council Member Henderson suggested the appointments be made after the election. Council concurred. MOTION It was moved by Council Members Sniff/Adolph to continue the matter of appointments to the League of California Cities Riverside Division, until after the election. Motion carried unanimously. MINUTE ORDER NO.97 142. 8. CONSIDERATION OF COMMISSION REVIEW OF COMMUNITY SERVICES GRANT APPLICATIONS. There were no changes to the staff report as submitted to the City Council from the City Manager*s Department and on file in the City Clerk's Department. Council Member Henderson suggested that the applications from the Truman Parent Teacher Organization and the La Quinta High School Booster Club be referred to the school grant program. She further suggested that since a decision has not been made on the pool, that the C. V. Recreation & Park District application be pulled. Council concurred. Council then discussed which Commissions would be appropriate to review the individual applications and how to split the funding. MOTION It was moved by Council Member Henderson to direct staff to take this year's Community Services Grant Applications to the Cultural Commission for review and recommendation, based on their recent experience. Motion failed due to lack of a second. MOTION It was moved by Council Member Sniff to send the Community Services Grant Applications to the Commissions as outlined in Council's discussion. Motion failed due to lack of a second. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 29 September 1 6, 1 997 MOTION It was moved by Council Members Adolph/Perkins to refer the Community Services Grant Applications to the Cultural Commission for review and recommendation. Council Member Sniff advised that he couldn't support the motion because he felt that there is an appropriate commission for each application. Council Member Henderson understood his concern, but felt since this is a new process that only the Cultural Commission has any experience with, they should review the applications this year and the other commissions should be given the opportunity to understand the process and be prepared to review them next year. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.97- 143. 9. CONSIDERATION OF AN AMENDMENT TO THE CITY COUNCIL'S RULES OF PROCEDURE. There were no changes to the staff report as submitted to the City Council from the City Manager's Department and on file in the City Clerk's Department. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that political activity would be anything involved or related to a campaign in the context of this resolution. Council Member Perkins felt this basically addresses Council Members contacting City employees on City property during work hours for the purpose of contacting an employee regarding their campaign or political activities. RESOLUTION NO.97-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-79 as submitted. Motion carried unanimously. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# I City Council Minutes 30 September 1 6, 1 997 11. SECOND READING OF ORDINANCES ORDINANCE NO.307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PROHIBIT INDEPENDENT USED VEHICLE SALES, EXCLUDING NEW VEHICLE SALES WITH ASSOCIATED USED VEHICLE SALES IN THE REGIONAL COMMERCIAL DISTRICT, SECTION 9.80.040, TABLE 801 OF THE MUNICIPAL CODE ZONING ORDINANCE AMENDMENT NO.97-056). It was moved by Council Members Sniff/Henderson to adopt Ordinance No.307 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 12. CONSIDERATION OF DENIAL OF CLAIM FOR DAMAGES BY CLAIRE A. GRINDE, DATE OF LOSS, JULY 6, 1997. There were no changes to the staff report as submitted to the City Council from the Finance Department and on file in the City Clerk*s Department. In response to Council Member Adolph, Mr. Falconer, Finance Director, advised that Ms. Grinde claimed to have run into a tree limb that the Code Enforcement Department was*unable to confirm. MOTION It was moved by Council Members Sniff/Henderson that the Claim of Claire A. Grinde be denied as recommended. Motion carried unanimously. MINUTE ORDER NO.97-144. 13. CONSIDERATION OF APPROVAL OF AN AWARD OF CONTRACT FOR CONSTRUCTION OF AVENUE 48/WASHINGTON STREET TRAFFIC SIGNAL PROJECT NO.97-02. There were no changes to the staff report as submitted to the City Council from the Public Works Department and on file in the City Clerk*s Department. Council Member Adolph advised that he asked for this item to be pulled from the Consent Calendar because he could not support it. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0# 8 City Council Minutes 31 September 16, 1997 MOTION It was moved by Council Members Perkins/Henderson to authorize an additional appropriation in the amount of $42,000 from the City*s Infrastructure Fund and to award a contract to Sierra Pacific Electrical Contracting, for Base Bid Items 1-23 in the amount of $97,379 to construct the Avenue 48 at Washington Street Traffic Signal Improvement Project, Project No.97-02. Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO.97-145. 14. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NICKERSON, DIERCKS, & ASSOCIATES TO PROVIDE STAFF SUPPORT FOR FISCAL YEAR 1997/98. There were no changes to the staff report as submitted to the City Council from the Public Works Department and on file in the City Clerk's Department. Council Member Adolph advised that he would not support this because of the $5,880 expenditure related to the traffic signal installation at Avenue 48 and Washington Street. MOTION It was moved by Council Members Perkins/Henderson to authorize the City Manager to execute a Professional Services Agreement with the firm of Nickerson, Diercks, & Associates, in an amount not to exceed $57,200, for Fiscal Year 1 997/98 capital improvement projects administrative support services. Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO.97-146. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 19, SEPTEMBER 2, AND SEPTEMBER 16, 1997. 2. TRANSMITTAL OF TREASURER'S REPORT DATED JUNE 30 AND JULY 31, 1997. 3. APPROVAL OF OVERNIGHT TRAVEL FOR THE BUILDING & SAFETY MANAGER TO ATTEND THE WOOD STRUCTURES II *`EVALUATION OF WIND AND EARTHQUAKE FORCES" SEMINAR AT THE WHITTIER HILTON HOTEL, WHITTIER, CALIFORNIA, OCTOBER 6-7, 1997. 4. APPROVAL OF OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR, RECREATION SUPERVISOR, SENIOR CENTER SUPERVISOR, AND ONE PARKS & RECREATION COMMISSIONER TO ATTEND THE CPRS CONFERENCE IN LONG BEACH, CALIFORNIA, MARCH 12-15, 1998. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0 # I City Council Minutes 32 September 1 6, 1 997 5. DENIAL OF CLAIM FOR DAMAGES BY LUCAS CORONEL, DATE OF LOSS, FEBRUARY 6, 1997. 6. SEE BUSINESS SESSION ITEM NO.12. 7. DENIAL OF CLAIM FOR DAMAGES BY FRANK KITTEL, DATE OF LOSS, MARCH 28, 1997. 8. APPROVAL OF SETTLEMENT AGREEMENTS IN THE 0CM LITIGATION WITH THE CITY OF VERNON AND THE SCHOOL BOARD OF POLK COUNTY, FLORIDA. 9. APPROVAL OF FISCAL YEAR 1996/97 PROJECT FEE REPORT. 10. SEE BUSINESS SESSION ITEM NO.13. 11. SEE BUSINESS SESSION ITEM NO.14. 12. ACCEPTANCE OF IMPROVEMENTS WITHIN PROJECT NO.96-01 JEFFERSON STREET RESURFACING PROJECT. 13. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE MAINSTREET MARKETPLACE EVENTS PLANNED IN 1997 ON CALLE ESTADO BETWEEN DESERT CLUB DRIVE AND AVENIDA BERMUDAS ACCORDING TO THE CONDITIONS FOR TEMPORARY USE PERMIT 97-144. APPLICANT: LA QUINTA CHAMBER OF COMMERCE. 14. APPROVAL OF A CONTRACT FOR ULTIMATE DESIGN OF THE JEFFERSON STREET CORRIDOR FROM INDIO BOULEVARD TO AVENUE 54 TO ROBERT BEIN, WILLIAM FROST AND ASSOCIATES. 15. APPROVAL OF A CONTRACT FOR FIELD SURVEY SERVICES TO COACHELLA VALLEY ENGINEERS TO SUPPORT PM1O STREET IMPROVEMENTS. 16. APPROVAL OF A CONTRACT FOR CUSTODIAN SERVICES FOR CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY WITH BANK OF NEW YORK WESTERN TRUST COMPANY. MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as amended and recommended with Item No. 1 3 being approved by RESOLUTION NO.97-80. Motion carried unanimously. MINUTE ORDER NO.97-147. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0!# I City Council Minutes 33 September 1 6, 1 997 STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS CVAG Committee Reports Mayor Holt briefly reported on the recent meeting of the Children and Youth Commission and advised that she would be giving Council a lot of good information she has received. C. V. Mountains Conservancy Council Member Sniff advised that the Conservancy is looking for future funding possibilities. C. V. Mosquito and Vector Control District Council Member Perkins spoke regarding the various insect abatement services provided by the district. All other reports were noted and filed. DEPARTMENT REPORTS A-2. TENTATIVE AGENDA ITEMS FOR SEPTEMBER 23, 1997 STUDY SESSION. Mr. Genovese, City Manager, advised that the Catellus presentation has been pulled from the agenda and the Tradition request has been added. F-i. COMMUNITY SERVICES DEPARTMENT REPORT. Council Member Perkins commended the Community Services Department on their upcoming programs. G-1. REVENUE & EXPENDITURES REPORTS DATED JUNE30 AND JULY 31, 1997 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members Sniff/Henderson to receive and file the Revenue & Expenditures Reports dated June 30 and July 31, 1997 for the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO.97- 148. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0"# I City Council Minutes 34 September 16, 1997 MOTION It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Reports dated June 30 and July 31, 1997 for the La Quinta Financing Authority. Motion carried unanimously. MINUTE ORDER NO.97-149. I-i. SHERIFF'S STATION COMMANDER QUARTERLY REPORT. Mayor Holt commended the Police Department for the reduction of crime in the City. MAYOR AND COUNCIL MEMBERS* ITEMS 1. DISCUSSION CONCERNING STUDENT ACCESS/TRANSPORTATION FROM ADAMS SCHOOL TO THE LA QUINTA BOYS & GIRLS CLUB. Council Member Sniff asked that staff be directed to look into the possibility of SunLine Transit Agency having a bus available in the afternoon to transport Adams School students one way to the La Quinta Boys & Girls Club. Council Member Henderson felt it's something the School District should handle advising that she spoke to the School Superintendent who intended to follow up on all possibilities. Council concurred on directing staff to contact the School District and SunLine Transit Agency regarding this matter. 2. DISCUSSION REGARDING THE POSSIBILITY OF A CHRISTMAS CONCERT. Council Member Perkins asked that staff be directed to look into the feasibility of sponsoring a Christmas concert. Council concurred. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session as delineated on Page 14. BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02 0##City Council Minutes 35 September 1 6, 1 997 Council reconvened and the City Attorney announced that the City Council took action under Government Code Section 54956.9(A) to authorize the City Manager to execute settlement agreements for amounts of $25,000 or less with defendants in the 0CM litigation without the necessity of further review by the City Council, noting that any such agreements would be available for review in the City Clerk*s Office. There being no further business, the meeting was adjourned. Re ectfully s;**bmitted* SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 10-21-1997-U01 09:40:41AM-U01 ADMIN-U01 CCMIN-U02 09-U02 16-U02 1997-U02