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1997 12 16 CC Minutes1Y LA QUINTA CITY COUNCIL MINUTES DECEMBER 16,1997 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins 3:05) Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT None CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that Business Session Item No.5 be continued to January 6, 1998. Ms. Honeywell, City Attorney, asked that the following two items be added to the closed session agenda: 1) an oral threat of litigation received by phone on Friday after the agenda was prepared concerning Public Hearing Item No. 1 pursuant to Government Code Section 54956.9(b)(1 E); and, 2) an addition to Item No.1 Public Employee Appointment pursuant to Government Code Section 54957 for Executive Secretary position due to a notification of resignation which also came up after the agenda had been posted. Council Member Adolph asked that Business Session Item No.8 be changed to No.6 and that Business Session Item No.6 be changed to No.8. MOTION It was moved by Council Members Sniff/Henderson to add Closed Session Item No.4 regarding threat of litigation concerning Public Hearing Item No.1 pursuant to Government Code Section 54956.9(b)(1)(E) and add an additional item to Closed Session Item No.1 regarding the Executive Secretary position due to notification of resignation) pursuant to Government Code Section 54957, and to change Business Session Item No.6 to Business Session Item No.8 and change Business Session Item No.8 to Business Session Item No.6, as these changes came up after the agenda had been posted. Motion carried with Council Member Perkins ABSENT. Council Member Perkins joined the meeting at this time.) BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y U *, City Council Minutes 2 December 1 6, 1 997 APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of November 24, 1 997 as submitted. Motion carried with Mayor Pen a ABSTAINING. MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of December 2, 1 997 as submitted. Motion carried unanimously. ANNOUNCEMENTS Mayor Pena announced that the City's Holiday Open House will be held on December 17, 1997 from 2:00p.m. to 6:30p.m. PRESENTATIONS None WRITTEN CORRESPONDENCE 1. LETTER FROM FEDERAL EMERGENCY MANAGEMENT AGENCY REQUESTING ASSISTANCE WITH THE RIVERSIDE COUNTY EMERGENCY COLD WEATHER SHELTER PROGRAM. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 1997. Mr. Falconer, Finance Director, advised that Mr. Ken AI-Iman, of Conrad and Associates, would give a brief presentation on the Comprehensive Annual Financial Report which the City is required to have prepared each year. Ken AI-Iman, CPA with Conrad and Associates, advised that the audit confirms that the City's financial statements conform to general accounting principles and that the City's funds have been expended in accordance with fund restrictions. Due to the City's continued management of its general operating expenses, the General Fund ended the year with a surplus and by refinancing BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y il City Council Minutes 3 December 1 6, 1 997 the City*s Local Agency Revenue Bonds, the City will realize an interest savings of $200,000 over the life of the bonds. Council Member Henderson felt it*s an excellent report and suggested including the date of Charter City status, public transportation by SunLine, the Skins Golf Tournament, and note that the City has received the Certificate of Award for Outstanding Finance Reporting for two years in a row. She also suggested that the total acreage of medians and number of street miles be updated. Council commended staff and the consultant for preparing a financial report that is easily interpreted. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Comprehensive Annual Financial Report for the year ending June 30, 1997. Motion carried unanimously. MINUTE ORDER NO.97-187. 2. CONSIDERATION OF LIBRARY OPERATIONS. Mr. Weiss, Assistant City Manager, advised that this item was continued from a study session on December 2, 1 997, in order to give staff time to conduct additional research and to give the Friends of the La Quinta Library an opportunity to review and provide input on the County's proposal. The initial indication from the County was that there was room for negotiation in their proposal, but they have since indicated that they wish to begin with their first proposal and there may not be room for negotiation beyond that. In discussions with the County, staff has discussed the possibility of the City receiving credit for moving expenses if all the funds are not spent on the move by way O having those dollars used for purchase of collection materials located at the library and having an owned library facility as opposed to a leased facility. However, the indication has been that funding will not be available in order for that to be a viable option. The County feels that if the City stays with their system for two years, they will prove they can provide the library services desired by this community. They've suggested an MOU to memorialize the proposed concept. Included in the staff report is a survey of alternative locations for expanding library services and an outline of the benefits of economies of scale in staying with a larger system versus local control by moving forward independently. He asked Council for direction as to whether or not staff should pursue withdrawal from the County system or pursue an MOU with the County. Council Member Adolph questioned the benefit of economies of scale, noting that under the County*s proposal, the City would still be out $150,000 a year BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y 5 * City Council Minutes 4 December 1 6, 1 997 for the same hours and services that the City could provide. The only benefit he saw was access to the County's collection of goods and services, but felt the City could arrange a contract for such services. Council Member Perkins felt the City's ultimate goal should be to have a City library, but he didn't feel that the City is in a position to do so at this time. He hoped there would be a way to continue with the County system for a period of time until the City can work out the financial means of having its own system. He, too, was not satisfied with being out $150,000 under the County's proposal. In response to Council Member Perkins and Mayor Pena, Mr. Weiss advised that the County is asking for a commitment for the next year and a half. He pointed out that one possible danger might be that the County would ask the City to pay for the collections or furnishings acquired during that time should we withdraw at the end of the two years. Council Member Perkins suggested City staff be involved with the selection of the collections and furnishings. Council Member Henderson noted that the discussion for withdrawal is not from a broken system because the broken system no longer exists. The new system is only six months old and there's not been sufficient time to determine if it's successful or not. She was concerned that we may not consider staying with the new system long enough to see if the County can provide a library system that meets our needs and noted that it might cost the City $500,000 to provide the same level of service that the County will provide at their cost of $350,000 because of the economies of scale. She felt there were benefits in the economies of scale, noting other regional efforts such as SunLine's street- sweeping services and CVB's tourism marketing. Should the City withdraw from the County system, she felt the viability of the remaining system would be extremely questionable and without it, the demands on the City's system would be increased because of other communities coming to use it. She continued to support staying with the County system for the next year and a half and suggested there be some negotiation regarding the purchases or improvements they make during that period of time. If the City is going to stay with the County system, she felt it's important to have some assurance that some of the other *big players" are not going to withdraw. In response to Council Member Henderson, Mr. Weiss advised that each of the cities must give their notice of intent to withdraw by the end of the calendar year and many of them have this item on their agendas and are negotiating with BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y N * City Council Minutes 5 December 18, 1997 the County. We have until March to notify the auditor in order to insure that the tax roll reflects our final decision. In response to Council Member Sniff, Mr. Weiss advised that he didn't have a current list of those cities who are considering withdrawing. Council Member Sniff questioned economies of scale being an operative figure unless all things are equal. He felt the City has been financially victimized over this issue for a long time and that the County's offer, which he feels is incomplete, has come forward only because the City has indicated an intent to withdraw. He felt it's an inadequate compromise and that the City should continue its course to have all of the funds returned so we can build and operate our own library. He didn't have a problem staying with the County for a year if that's the consensus of the Council, but felt there's a better way to run a library than what the County has proposed. Mayor Pena felt this issue goes beyond La Quinta and that the money wouldn't be lost because it would be used for literacy in other areas of the Valley and, although, the City wants what is fair, it also wants free library access for people who want to read. He agreed that we should begin preparations to have our own library, especially with the advancement of technology, but also felt we could exercise control by being more vocal and active in the library service area which may not have been done in the past, thereby, resulting in the City not receiving the services it's now seeking. He supported giving the County's new system some time to see how it's going to work and felt at the same time, the City could be developing its own plans for library services. He wished to see a library built on the Civic Center Campus, with the County or some other system, or by ourselves, but he didn't feel that we're ready or financially bapable of pursuing a City-owned library at this time. Due to salaries and other unanticipated costs, we could end up with a shortfall. He supported continuing discussions with the County on enhancement of our library services and felt the public should be kept informed so they can provide input as well. Mr. Genovese, City Manager, pointed out that prior to FY 1995/96, the library system was not an issue because the City was receiving 100% of the pass- through funds for library services and in effect, was receiving the benefit of library services and retaining some of the monies. With the signing of the Pass- Through Agreement, the City agreed to return all of the funds back to the County and, thereby, is putting money back into the system for previous years when the City was perhaps shortchanged. However, the current situation has only existed since FY 1 995/96 and it wasn't until then that the County's system started having problems. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y U City Council Minutes 6 December 1 6, 1 997 In response to Council Member Adolph, Mr. Weiss confirmed that the City has until the first of March to make a final decision on the withdrawal since a resolution of intent to withdraw has already been adopted. Council Member Adolph advised that he would go along with another year and a half, but favored moving forward with our own system right now and felt the City staff and Friends of the La Quinta Library could make it work. Council Member Perkins believed that the County's system is doomed to failure because of their financial problems and hoped the City would be in a position to move forward with a City library system when that happens. He wasn't concerned about the library being used by people outside the City because he felt the increased volume of use would make it a better system. He wished to see a City library system began within a maximum of a year and a half. Council Member Henderson pointed out that the option to withdraw only became available three months ago through the State Legislature because of the drastic cut in library services throughout the State. She then reviewed some of the history related to this issue and agreed that the City needs a library building, with or without the County, but she also believes that we should stay with the County system for the next year and a half monitoring their services and storing that information to begin the groundwork for starting our own system. She, too, was not concerned about the library being used by people outside of the community, but felt we should keep in mind that it might need to be larger than just what La Quinta itself might need. Council Member Sniff felt the consensus of the Council was to continue with the County system for the next year and a half and working toward having a City system at the end of that time, which he felt should be the City's goal. Mayor Pena agreed. In response to Mayor Pena, Mr. Weiss recommended if the City is going to stay with the County system, that Council rescind their intent to withdraw and direct staff to pursue an MOU with the County to formalize the conceptual arrangement. He asked for Council*s input regarding the MOU for such things as the acquisition of the collection, noting that if the County spends $200,000 on furnishings and the collection, they could use it as a disincentive for the City to withdraw. He advised that the MOU could be brought back in January for a final decision. Mayor Pena felt it would be prudent to have it come back in January, noting that there might be other issues come up as well. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y U * City Council Minutes 7 December 1 6, 1 997 Council Member Adolph asked when the County would make a decision on the location of the library and if they might try to back-charge the City for moving expenses. He wasn't in favor of moving the library to Highway 111 as he wished to see it remain in The Village. Mr. Weiss advised that staff would try to bring an MOU back by the second meeting in January. Council Member Sniff felt it would be a mistake to rescind the intent td withdraw at this time because we would lose our leverage in the negotiations with the County. He suggested a motion be made to continue working with the County for the next year and a half and continue working toward having a City library system in place by the end of that time. Mr. Weiss noted that the resolution to withdraw wouldn't be rescinded until after Council has reviewed an acceptable MOU. Council Member Perkins felt the entire City should be considered in the search for a library location and not restricted to just The Village. Council Member Sniff advised that Mr. Yessayian has offered four lots at Avenida Montezuma and Avenida Mendoza at no cost for a library site. Mayor Pena preferred having the library located on the Civic Center Campus. Council Member Henderson agreed, but felt the City should look City-wide for a temporary location. MOTION It was moved by C6uncil Members Henderson/Sniff to direct staff to continue negotiating with the County for an MOU, keeping in mind that we don't want to pay double in a year and a half for what the County puts into the system during that time. Council Member Sniff felt it would be better to set a timeframe and suggested 60 days. Council Member Henderson pointed out that the County has been ready to increase our library services since December 1St and the longer we negotiate the issue the longer those enhancements will be delayed. In response to Council Member Sniff, Mr. Weiss hoped to bring it back by the second meeting in January. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y E * City Council Minutes 8 December 16, 1997 Mayor Pena suggested 45 days because of the holidays. Motion withdrawn. MOTION It was moved by Council Members Sniff/Henderson to direct staff to negotiate a Memorandum of Understanding with the County of Riverside during the next 45 days or by the second meeting in January. Motion carried unanimously. MINUTE ORDER NO.97-188. 3. CONSIDERATION OF A PILOT PROGRAM FOR STREET SWEEPING WITH SUNLINE SERVICES GROUP SSG). There were no changes to the staff report as submitted to the City Council by the Public Works Department and on file in the City Clerk's Department. Council Member Sniff asked why staff was recommending that the City go with SunLine on a three-month pilot program when just last month their recommendation was to handle the program on our own. Mr. Vogt, Public Works Department, advised that two days after Council*s last acti6n, SunLine contacted staff and expressed a wish to try a pilot program for the City at the same per curb mile cost that it would cost the City to do it. This will give SunLine an opportunity to analyze whether or not they can provide street-sweeping services for local streets as well as regional streets and give the City a chance to look at an additional option. The City has already advertised for bids which will be good for 1 20 days and at the end of the pilot program, the City will have the option of moving forward with purchasing our own street sweeper or rejecting all bids. MOTION It was moved by Council Members Sniff/Henderson to approve a three-month pilot program for the street sweeping of all City-owned streets by SunLine Services Group SSG); authorize the City Manager to enter into a Memorandum of Understanding MOU) with SSG for the implementation of the three-month pilot program; approve the application for AB2766 Discretionary Fund 25% Match for the purchase of CNG vehicle through the South Coast Air Quality Management District SCAQMD); and, approve the AB2766/MSRC Local Government Subvention Fund Match Program contract with SCAQMD. Motion carried unanimously. MINUTE ORDER NO.97-189. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y 5 City Council Minutes 9 December 16, 1997 4. CONSIDERATION OF AN ORDINANCE ESTABLISHING LEGAL AUTHORITY TO ENFORCE THE PROVISIONS OF LA QUINTA'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM NPDES); AND AN IMPLEMENTATION AGREEMENT ESTABLISHING THE RIGHTS AND RESPONSIBILITIES OF LA QUINTA AND THE OTHER CO-PERMITEES UNDER LA QUINTA*S NPDES PERMIT. There were no changes to the staff report as submitted to the City Council by the Public Works Department and on tile in the CiW Clerk*s Department. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.31 3 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ENTITLED STORM WATER MANAGEMENT AND DISCHARGE CONTROLS." It was moved by Council Members Sniff/Adolph to introduce Ordinance No.31 3 on first reading. Motion carried by the following vote.. AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None MOTION It was moved by Council Members Sniff/Henderson to approve the Implementation Agreement establishing roles and responsibilities of the NPDES co-permittees. Motion carried unanimously. MINUTE ORDER NO. 97-190. MOTION It was moved by Council Members Sniff/Henderson to direct the City Attorney to prepare a certification that the City now has legal authority to enforce the provisions of the NPDES Permit. Motion carried unanimously. MINUTE ORDER NO.97-191. 5. CONSIDERATION OF WAIVER OF INFRASTRUCTURE FEES FOR LAPIS ENERGY CORPORATION FOR THEIR PROJECT LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD. MOTION It was moved by Council Members Sniff/Adolph to continue the matter regarding Lapis Energy Corp. to January 6, 1 998. Motion carried unanimously. MINUTE ORDER NO.97-192. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y N City Council Minutes 10 December 16, 1 997 6. CONSIDERATION OF REQUEST BY COUNCIL MEMBER ADOLPH FOR RECONSIDERATION OF CITY COUNCIL ASSIGNMENTS TO VARIOUS BOARDS/COMMITTEES. MOTION It was moved by Council Members Adolph/Sniff to reconsider City Council assignments to the various boards/committees. Council Member Adolph expressed concern about board/committee assi*nments not being distributed equally amongst the Council and asked Council to reconsider the assignments made on December 2, 1997. Motion failed to carry with Council Members Henderson and Perkins and Mayor Pena voting NO. MINUTE ORDER NO.97-193. 7. CONSIDERATION OF APPOINTMENT TO CVAG's HUMAN AND COMMUNITY RESOURCES COMMITTEE. There were no changes to the staff report as submitted to the City Council by the City Clerk's 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 CVAG's Human & Community Resources Committee. Motion carried unanimously. MINUTE ORDER NO.97-194. 8. CONSIDERATION OF SELECTION OF COUNCIL MEMBER(S) TO SERVE AS A REPRESENTATIVE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES-RIVERSIDE COUNTY DIVISION. Mr. Wilson, Management Assistant, advised that on September 1 6, 1997, Council moved to continue this matter until after the election and the new Council Members had been seated. The request is for a representative and alternate to be appointed to serve on the League of California Cities-Riverside Division. In response to Council Member Sniff, Mr. Wilson advised that the meetings are held every other month and alternate between the east and west ends of the County. Council Member Sniff felt it would be appropriate for the Mayor or Mayor Pro Tem to be appointed. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y U City Council Minutes 11 December 1 6, 1997 Council Member Henderson noted that Council Member Adolph had been attending the meetings and, at the request of another City's representative, she attended the last executive committee meeting, but not as the City's representative. She advised that she has been listed on their roster as the Eastern Director, but doesn't know why and was willing for any of* the Council Members to serve on the committee who might wish to. Council Member Adolph noted the biggest problem is that the *eetings are held in the evening and they're not centrally located, with many of them held in the western end of the County. Council Member Henderson preferred to continue attending the meetings rather than see the City abandon the committee, at least until she's satisfied as to whether or not the committee is worthwhile. MOTION It was moved by Council Member Sniff and Mayor Pena to appoint Council Member Henderson as the City representative with Council Member Adolph as the alternate to the League of California Cities-Riverside Division. Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO. 97-195. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 16, 1997. 2. TRANSMITTAL OF TREASURER'S REPORT DATED OCTOBER 31, 1997. 3. ACCEPTANCE OF IMPROVEMENTS WITHIN PARCEL MAP 27984, LA QUINTA VILLAGE SHOPPING CENTER, RICH DEVELOPMENT CON*PANY. 4. APPROVAL OF OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE CSMFO CONFERENCE IN NEWPORT BEACH, FEBRUARY 22-24, 1998. MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.97-196. STUDY SESSION None BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1YCity Council Minutes 1 2 December 16, 1997 REPORTS AND INFORMATIONAL ITEMS Palm Springs Regional Airport Commission- Council Member Henderson expressed appreciation for Mr. Tyler's report and suggested they be submitted quarterly. All other reports were noted and filed. DEPARTMENT REPORTS C-i. REPORT REGARDING SPECIAL MEETING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES. Mrs. Juhola, City Clerk, advised that the School District has requested a joint meeting with all of the City Councils within the district. Council Member Sniff questioned the format and value of the meeting and noted that Council has already toured the new facility. Council Member Henderson was disappointed that the joint meeting Council requested with the District has never been finalized, but didn't feel the Council should pass up an opportunity to discuss school facilities with the District. Therefore, she supported the joint meeting and noted that anyone who's already taken the tour could pass on taking it again. Council Member Adolph felt it's important for the Council to keep dialogue going with the District regarding new school facilities and supported the meeting. Ma*or Pena agreed, but wished to see Council meet earlier that afternoon to discuss the City's own priorities and goals for the next six months. Council Member Sniff felt the joint meeting would be more of a presentation than discussion and preferred a one on one* meeting with the District. Mayor Pens felt perhaps a one on one" meeting could be scheduled sometime after the joint meeting. Council concurred on scheduling a study session at 1:30 p.m. on January 27th to discuss goals and priorities for the City and on accepting the District's invitation to the joint meeting at 5:30 p.m the same day, directing staff to obtain a copy of the report prior to the meeting. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y City Council Minutes 13 December 1 6, 1 997 H-i. REVENUE & EXPENDITURES REPORT DATED OCTOBER 31, 1997. MOTION It was moved by Council Members Sniff/Henderson to receive and file the Revenue & Expenditures Report dated October 31, 1997. Motion carried unanimously. MINUTE ORDER NO.97-197. MAYOR AND COUNCIL MEMBERS' ITEMS None 1. DISCUSSION REGARDING COMPUTER TRAINING. Mayor Pena noted the need for some staff computer training, especially on the new e-mail system. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Financing Authority meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION Council Member Adolph abstained from participating in Item No.2 due to a conflict of interest and Mayor Pena abstained from participating in Item No.3 due to a conflict of interest. 1. Public Employee Appointment Community Services Director and Accounting Manager, and discussion of Administrative Services Secretary position, pursuant to Government Code Section 54957. 2. Conference with City's real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Highway 111 and Adams Street in the One-Eleven La Quinta Center. Property Owner/Negotiator: Dick Oliphant. 3. Conference with City's real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and/or disposition of real property located at the southeast corner of Highway 111 and Adams Street. Property Owner and Negotiator: Chris Clarke. 4. Conference with legal counsel regarding a threat of litigation concerning Public Hearing Item No.1, pursuant to Government Code Section 54956.9(b)(1)(E). BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y U * City Council Minutes 14 December 1 6, 1 997 7:00P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. SPECIFIC PLAN 97-030, SITE DEVELOPMENT PERMIT 97-612, CONDITIONAL USE PERMIT 97-035, ENVIRONMENTAL ASSESSMENT 97-344- A REQUEST TO CERTIFY ENVIRONMENTAL ASSESSMENT; APPROVAL OF SPECIFIC PLAN GUIDELINES AND STANDARDS, SITE DEVELOPMENT PERMIT TO CONSTRUCT A 12,546 SQ. FT., TWO-STORY BUILDING WITH 80 GOLF TEES FOR A GOLF DRIVING RANGE, AND A CONDITIONAL USE PERMIT FOR A LIGHTED GOLF RANGE, LOCATED AT THE NORTHEAST CORNER OF ADAMS STREET AND AVENUE 48. APPLICANT: THOMAS BIENEK. The Mayor declared the PUBLIC HEARING OPEN. Mr. Baker, Principal Planner, reviewed the location and applications related to the project, advising that the proposed Specific Plan is consistent with the General Plan and that the Site Development Permit allows construction of a two-story building with 80 golf tees and a lighted driving range, including a golf shop, retail outlets, restaurant, and a maintenance building on 17.9 acres. The site plans and building elevations are consistent with the Specific Plan and the proposed use is allowed in the regional commercial district with a conditional use permit. It's also compatible with the General Plan designation of Mixed- Regional Commercial. He advised that on November 1 2, 1 997, the Planning Commission recommended approval on a 4-2-1 vote and noted that the Council has received a number of letters related to this project. Thomas Bienek, 80-840 Vista Bonita Trail, the applicant, gave a brief presentation on the project, advising that the 80 golf tees would be computerized and the driving range, which would consist of both natural and synthetic grass, would be 200 yds. wide and 300 yds. long. The hours of operation for the driving range would be from 7:00 a.m to 10:00 p.m. during the winter and 6:00 a.m. to 10:00 p.m. during the summer. The poles for the lighting system would be made of open web steel in order to provide more transparency. Golf lessons and a golf video simulator will be provided as well as a championship putting course. The facility will include one or two restaurants, a micro brewery, which will close at 11 00 p.m., and a beauty shop, barber shop, yogurt shop, and golf shop. The facility's landscaped areas will be park-like settings and it will not be walled in order to provide an open BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y N City Council Minutes 1 5 December 1 6, 1 997 feeling. He has presented the project to residents of Lake La Quinta and Rancho La Quinta and has five letters of support from surrounding developers. Steven Lee, 74-755 San Cristobal Circle, Palm Desert, of LRS Architects, felt the state-of-the-art, driving range would be one of the best in the country. It conforms to all of the City's codes and standards, including lighting and height regulations. He briefly reviewed the site plan and elevations and referred to the favorable statements and recommendation for approval submitted by the Planning Commission. Robert Dupac, Senior Designer for Interface Engineering, of Portland, Oregon, and lighting consultant for the applicant, advised that they've tried to conform to the City's Dark Sky Ordinance, even though the project is exempt from such regulations. The soft-light lighting system consists of luminaries approved by the International Dark Sky Association and the flood lights will be enclosed in a metal structure to prevent the light from shining upward. In addition, 9' X 1 2' shields will be used to keep the light from shining onto surrounding properties. John Vogley, 75-621 Painted Desert, Palm Desert, landscape architect for the applicant, felt the facility is needed for the youth in the valley and that the existing power poles have a greater impact on the neighborhood than the screening will have. Jay Baden, 47-41 5 Via Cordova, noted that the balloons were not allowed to go to their full height because of the winds. He felt it's a great project, but an improper use of the land because of the residential properties that surround it. Grady Sparks, 79-420 Briarwood, felt the City's future lies in its rare beauty and hoped Council would deny the project, noting that no one wants two restaurants and 240 cars parked across the street from their residence. Trevor Jones, 79-195 Rancho La Quinta Drive, stated that he lives within 200' of the entrance to the proposed parking lot for the project and that his front yard would face the 110-foot-high poles and netting. He spoke about the noise impact from cars in the parking lot as well as the patrons from the micro brewery and felt the proposed location is the wrong place to put a driving range and amusement center. He urged Council to deny the project. Jack Fleck, 48-425 Via Solana, was concerned about the negative visual impact of the 11-story-high towers and netting as well as the lighting and urged Council to deny the project. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y U City Council Minutes 1 6 December 1 6, 1997 Richard Agnello, 48-480 Via Solana, commented on the positive development of the City and the negative impact he felt the proposed project would bring. He urged Council to deny the project at the proposed location. Tony Rushent, 79-235 Rancho La Quinta Drive, spoke about the negative impact of the lighting and towers and noted that the existing power poles are only 60 feet high, unlike the light towers which would be 110 feet high. He felt there*s other locations that would be better suited for this project and urged Council to deny the project. Ann Madison, 78-735 Dulce Del Mar, presented pictures of the balloons that were raised and commented on how the lighting and netting would be a negative impact on surrounding properties. She felt it*s a beautiful project, but urged Council to deny it at the proposed location. Jack Wilson, 53-960 Avenida Montezuma, commented on La Quinta being a tourist designation and how its success depends on its beauty. He also spoke about the visual and noise impacts of this project and felt its economic benefit to the City would be minimal. He felt it's a good project, but in the wrong place and urged Council to vote against*it. David Erwin, 39-700 Bob Hope Drive, Suite 312, Rancho Mirage, attorney representing T.D. Development, referred to his letter to Council, dated December 1 2, 1 997, and spoke about the negative impacts that the project's lighting would have on surrounding properties as well as the impact on four out of five view sheds. He presented photographs of the balloons as well as photographs depicting the visual impact of netting and web steel towers at a driving range in Glendora. He didn't feel that the impact from the lights and the moving of approximately 80,000 cubic yards of sQil had been properly addressed in the environmental assessment and understood that CEQA Guidelines requires all issues, including archaeological, to be addressed prior to any approval being given. He pointed out that in order to certify a mitigated negative declaration, all impacts must be reduced to a level of insignificance which he felt has not been done. He noted that when the developer proposed a similar project in 1 994 in a different location, that Council determined that the impacts could not be mitigated and denied the project. He felt in comparison, that the impacts of this project are even greater and that an EIR is necessary. He suggested Council deny the project and save the developer a lot of time and money because he felt it's the wrong location for the project. * Joseph Nolan, 48-880 Desert Flower, Palm Desert, of Dream Engineering, advised that he was hired by Rancho La Quinta Homeowners Association to review the project*s three types of lighting of which approximately 80-90% is BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y City Council Minutes 17 December 16, 1997 soft lighting from 100-foot-high poles. The soft lighting will shine downward or horizontally with no sky glow and only minimal spill-light. However, the bunker lights will cause a sky glow and the tee flood lights will shine beyond the driving range. It will be clearly visible along Highway 111 and shine directly toward vehicles traveling south on Adams Street. He felt the lighting would have a large impact on the residents. Dave Sawyer, 48-380 Via Solana, was strongly opposed to the project. He felt its negative impacts would affect the value of the surrounding properties and dramatically reduce the beauty that the homeowners currently enjoy. Hap Harris, owner of Two Angels Inn on Caleo Bay, felt the towers and netting would be a detriment to the views of his guests. Dutch Dilsaver, 78-835 Dulce Del Mar, spoke about the heights of the towers which he felt would obstruct the views and be a blight on the entire City. Mary Sue Reynolds, 78-401 Highway 111, spoke in support of the project because she felt it would provide a good activity for teenagers. Jim Stevens, 54-863 Shoal Creek, supported the project and urged Council to approve it. Rex Sylvester, 78-900 Anchovy Road, Bermuda Dunes, felt the project offered a lot for all ages and that La Quinta is the obvious place of choice to build such a state-of-the-art golf facility. He felt the quality project would parallel the beauty of the surrounding projects and urged approval. Ryan Bogan, 206 Seville Circle, Palm Desert, felt it*s essential for the City to have a night-lighted driving range because there's insufficient daylight hours for youth to improve their golfing skills. Fred Scherzer, 47-945 Sun Corral, Palm Desert, believed the driving range would be an asset to the community and urged approval. Mary James, 44-495 Blazing Star, felt the project is needed to provide a majority of La Quinta residents with affordable, great golfing opportunities and advised that she's looking forward to using it with her children. She and her husband are personal and professional friends of the Bieneks and know that they have the best interest of the City in mind with this project. She felt the project would be an asset to the community and urged approval. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y U City Council Minutes 18 December 1 6, 1 997 Archie Sharp, 44-030 Camino Azul, didn't feel the netting would be visible during the day or night and noted that extraordinary things can be done with the latest in lighting technology. He advised that the lighting from this project would be absorbed into foliage, unlike the future, adjacent auto mall lighting that will reflect off of metal and glass all night long. He didn't feel that the poles would be unsightly and urged Council to approve the project. Jeff Albi9ton, 43-745 Warner Trail, Palm Desert, urged Council to approve the project, advising that Mr. Bienek always builds quality projects. Scott Mc Gihon, 72-895 Sonora Drive, Palm Desert, stressed the importance of providing golfing opportunities for the youth and noted that Mr. Bienek is a tremendous supporter of junior golf. He was confident that the project would be an asset to the community. Mark Pederson, 78-655 Via Corrado, supported the project and felt the developer has worked in good faith to conform to the City's requirements. He felt that, although, everyone likes the project, there's no location that's going to please everyone and urged Council to approve the project. Pat Gallagher, 77-345 Minnesota, Palm Desert, supported the project, noting that the Bieneks have lived in the valley for over 20 years and he felt they have the City's best interest in mind. Gloria Engle, 46-270 Roadrunner, a valley resident since 1960, spoke about the difficulty of accepting change, but felt it's inevitable that homeowners will have to deal with schools and recreational facilities near their residences because La Quinta is a family-oriented community. She urged Council to give the youth a chance and support the project. Joyce Sivley, 79-775 Westward Ho Drive, felt it would be a sophisticated facility and wholeheartedly supported it. She noted that the proposed location is zoned mixed-commercial and that a lot worse projects could be approved for this site. She urged Council to make their decision based on the merits of the project, not emotions of individuals, and not place progress on hold for another 5-10 years. Jack Sobelman, 52-815 Avenida Martinez, expressed gratitude for Council bringing new businesses into the City and felt the project would be good for the youth. Scott Zundel, 73-255 El Paseo, Suite 1 9, Palm Desert, attorney for The Pairings, advised that the archeological study for the project is addressed on BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y City Council Minutes 19 December 16, 1997 Page 32 of the environmental assessment and that no technical evidence has been presented to back up Mr. Erwin's statements regarding the project's impact on the view shed. In regard to lighting, he advised that the technical evidence supports Mr. Bienek's position that any impacts of the lighting have been fully mitigated. He urged Council to approve the project based on the merits of the project. Mike Burden, 79-275 Horizon Palms Circle, felt the projects that are built in the desert always match the desert and he didn't feel that this project would be any different. He felt it would be an asset to the community and urged Council to approve it. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph commented on his methodology in making such decisions, noting that unlike the project proposed in 1 994 where there was no opposition at the Planning Commission hearing, this project has a lot of opposition and many of those supporting it don't live in close proximity to the project. He felt the balloons were most visible from Lake La Quinta and that the night lighting would destroy the ambience for the Two Angels Inn. He also felt that night lighting on the driving range was a major factor when combined with the lighting from the Sports Complex and the future auto mall, because of the impact it all would have on the ambience of the skyline until at least 10:00 p.m. each evening. He noted that the homeowners who have purchased property adjacent to the project site had most likely purchased their property without any expectation of a project like this being built next to them, unlike the homeowners near the Sports Complex who were aware of that situation. He believed that it's a great state-of-the-art project, but too close to two major residential areas. Council Member Perkins stated that he supports good business development, but felt that La Quinta should be maintained as a first class City and has a problem with the height of the poles and the netting. He referred to the lighting at the Sports Complex and La Quinta High School and, although, lighting technology has improved, he wasn't sure that the City wants to add more night lighting. He noted that the letters, as well as the comments from the audience, were about 50/50 in support or opposition to the project, but most of the supporters don't live in close proximity of the project and those opposing the project do. Therefore, he couldn't support the project at the proposed location. Council Member Henderson felt the facility would provide recreational opportunity for the youth which is much needed, but understood the residents' BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1YCity Council Minutes 20 December 16, 1997 concerns about the visual impact. She agreed that, significantly, a lot of the issues would disappear, but felt it didn't necessarily mean that they would disappear completely or that the project wouldn't be an eyesore for some people. She felt the raising of the balloons showed what areas would and would not be impacted by the project and wished to see an ad-hoc committee appointed to review the pros and cons of the project during January to see if there1s any possible means to mitigate the impacts. Council Member Sniff wasn't sure that an ad-hoc committee could solve the issues and felt Council should make the decision. He couldn't support the project because he wasn't sure that the mitigated Negative Declaration has sufficiently addressed the impacts and suggested asking the developer to prepare an EIR to fully review and examine the project and then Council could reconsider it. He felt it's obvious that the height of the poles and netting would be an impact to surrounding properties. Mayor Pena commented on the difficulty of the decision and felt the raising of the balloons had given a basic visual sight of how tall the 26 poles would be. He believed affordable golfing opportunities should be provided, but felt the poles and netting of the project would be more conducive near the freeway as opposed to this site. He questioned if the project could be done without netting as has been done at the College of the Desert driving range in Palm Desert. He felt the visual impacts of the lighting and netting make the project incompatible with the residential neighborhood and characteristics of La Quinta. In response to Council Member Henderson, Mr. Bienek confirmed that the netting is required and that, although, the project is exempt from the Dark Sky Ordinance, they've proposed lighting that's in conformance to that ordinance. Mr. Lee advised that this project is the same design as the one proposed in 1 994 except that the poles in that project were 80 feet high and the driving range was somewhat narrower. The wider driving range would probably alleviate the safety issue, but the light poles would still have to be 80 feet high to meet the Dark Sky Ordinance, even though it is exempt. He felt the project could probably be salvaged to everyone's satisfaction if Council would approve the project with shielded bunker lights and forward lights from the facility, shining straight toward the auto mall, and allow an 80-foot-high net. Council Member Henderson continued to hope there might be time allowed to try and resolve the issues. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y City Council Minutes 21 December16, 1997 In response to Council Member Adolph, Mr. Herman, Community Development Director, advised that the proposed Specific Plan would allow the applicant to deviate from the 50-foot-height limitation on commercial projects. Council Member Adolph has a problem with allowing greater heights as he's looking for low profiles, not vertical construction. In response to Mayor Pena, Mr. Herman confirmed that it's within the Council's discretion to limit the hours of operation under the CUP. Council Member Henderson noted there was some initial discussion about the project not needing to be opened until 10:00 p.m. seven nights a week and perhaps staying open that late only during the hot summer months when it gets dark later. Council Member Sniff advised that he was more than willing to find a solution if it's available and suggested the matter be continued to January 20, 1 998 to allow the developer an opportunity to make some significant modifications and still have a viable project. He felt those who have concerns about the current project deserve the Council's attention. Mayor Pena felt perhaps the Council could facilitate the meetings. Mr. Bienek advised that when he presented the project to the residents of Rancho La Quinta, they told him they liked the project, but wouldn't allow it to be built across the street from them. He felt they would not support the project even if he lowered the nets and softened the lights and didn't feel a continuance would make any difference. MOTION It was moved by Council Members SnifflAdolph, that based on the evidence presented to Council, the Council does not believe that the proposed Negative Declaration has adequately addressed the potential significant environmental impacts of this project and the Council finds that, based on the evidence presented here, that there may be significant impacts that require an Environmental Impact Report in order to fully review and make a determination on this project. Therefore, the Council has no alternative, but to deny the Conditional Use Permit for the driving range project because the City Council is unable to make a finding that the environmental review is adequate under State CEQA requirements. Council Member Henderson felt apparently there's no chance for movement on either side of the issue and because some issues exist that haven't been fully mitigated, she advised that she would support the motion. BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02 1Y U City Council Minutes 22 December 16, 1997 Council Member Perkins telt it's a fantastic project and if the motion is passed, hoped the developer would work with the City to find another location. Motion carried unanimously. MINUTE ORDER NO.97-198. Council recessed to Closed Session as delineated on Page 13. 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. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-14-1998-U01 10:03:37AM-U01 ADMIN-U01 CCMIN-U02 12-U02 16-U02 1997-U02