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1998 08 04 CC Minutes^O LA QUINTA CITY COUNCIL MINUTES AUGUST 4, 1998 Regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT None Council recessed to Closed Session to and until the hour of 3:00 p.m. CLOSED SESSION Mayor Pena abstained from participating in Item No.2 as he has consistently done in the past. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation: A. Western Empire Industry V. City of La Quinta, Case No.302768. B. KSLIPeters, Case No.002597 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 southeast corner of Highway 111 and Adams Street. Property Owner/Negotiator: Chris Clarke. Note: See Page 1 2 for additi6nal Closed Session items.) PUBLIC COMMENT Robert Tyler, 44-215 Villeta Drive, spoke regarding the Garden of Champions tennis complex currently being proposed at Washington Street and Miles Avenue and the impact the facility will have on his neighborhood and surrounding properties. * ** Richard Petri, 78-810 Sunbrook Lane, presented a petition from the residents of Inco Homes, asking that the development's right-turn only exit be changed to allow left- hand turns. Under the current situation, residents wishing to travel west on Miles Avenue must first turn right and make a U-turn in front of fast-moving traffic. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 2 August 4, 1 998 Kevin McCune, 78-860 Sunbrook Lane, also a resident of Inco Homes, spoke in support of eliminating the right-turn only and asked the City to make the developer maintain the perimeter landscaping until alt phases of the development are completed. Mayor Pena advised that these issues would be referred to staff. CONFIRMATION OF AGENDA Ms. Honeywell, City Attorney, asked that a Closed Session item be added to the agenda under Government Code Section 54956.9(a) regarding ongoing litigation, Hanover v. City of La Quinta and Apollo Case No.085167, advising that information was received after posting of the agenda that Council needs to consider. MOTION It was moved by Council Members SniffiPerkins to add a Closed Session itern to the agenda under Government Code Section 54956.9(a) Hanover v. City of La Quinta and Apollo, Case No.085167, as the need to take action arose after the posting of the agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Perkins to approve the City Council Minutes of July 20 and 21, 1998, as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS The Mayor and Council Members presented All School Art Awards to the following students whose artwork has been displayed at City Hall: Teresa Addeo Sara Gomez Brittany Montellano Dawn Aguilar Kristina Hannon Danny Murphy Laura Amato Brittney Huffman Lauren Orrantia Max Archuleta Meg Hurley Randy Rodriguez Sara Asian Jesse Hurtado Jessica Runyon Ryan Barber Sergio Inzuna Jessica Smith Jose Barrera Rachel Keplinger Sharon Sniff Nathan Blain Kaitlyn Kerr Breanna Stringer Leah Brown Chris Legg Christopher Sullivan Marsha Duffy Davina Marshall Annellyse Zellner BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 3 August 4, 1 998 WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF A FUNDING REQUEST FROM THE LA QUINTA CHAMBER OF COMMERCE FOR MAINSTREET MARKETPLACE. Mr. Weiss, Assistant City Manager, advised that the FY 1 998/99 Budget includes $170,000 for contract services with the Chamber of Commerce. Of that amount, $20,000 was set aside in reserve pending further Chamber justification. The current contract with the Chamber does not include funding for the Mainstreet Marketplace program and the proposed funding request in the amount of $35,000 is for the purpose of producing six Mainstreet Marketplace events. Doug Yavanian, 78-371 Highway 111, President of La Quinta Chamber of Commerce, advised that the initial purpose of the Mainstreet Marketplace was to be an economic development tool for revitalization of The Village. However, it has evolved into something more and their goal is to make it a regional or sub- regional event. He noted that Wells Marvin, a business owner in The Village, has stated that the reason he invested in the area is because of the activity generated by the street fair events. In order for the street fair to be self- sufficient, more vendors are needed and in order to have more vendors, more than four events a year need to be produced. They are proposing, with the City's assistance, to produce six events starting October 2 and going through April 1999, and they hope to increase the event to two streets. They intend to step up their marketing to attract more of the seasonal visitors and to enhance the quality of the vendors, entertainment, and general family activities. Betty Harris, 78-371 Highway 111, Project Coordinator for the La Quinta Chamber of Commerce, advised that they use radio and newspaper, as well as hotel concierges, to market the Mainstreet Marketplace throughout the entire valley. The manner in which it is advertised is drawing people's attention to The Village that normally would not come to the area and people are finding businesses in The Village that they did not know exists. The dates of the events are targeted toward the period of time when the most number of people are in the valley and they hope to draw 3,500-5,000 people. Mr. Yavanian advised that their market campaign last year reached a group of seniors in Los Angeles who were coming to the street fair by bus until the event was canceled because of bad weather. He thanked the City for its support and BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 4 August 4, 1 998 expressed his appreciation for a number of people who have helped make the street fair events happen. * Council Member Sniff stated that he has always supported the Chamber, but was somewhat concerned about their current request because it does not address the definition of an economic development and business retention program that Council has asked for. He wanted them to look at the scenario further and come back with a more broad-based group of suggestions some new fresh and productive ideas that Council can support in the way of economic development and business retention. He also noted that their request is for $15,000 more than Council has set aside. He believed the street fair is more of a social exercise and suggested this be continued for two weeks to give the Chamber an opportunity to discuss this issue further and come back with a more complete, diverse, and effective package that could include the street fair. He also referred to Palm Desert*s *`dollars'* promotion and his suggestion for a Thank You for Shopping La Quinta" button, stating that he felt the funds should be spent on the most effective means of doing a multiple number of things. Council Member Henderson agreed somewhat and advised that she was a little surprised that the Chamber had come back so quickly for the additional funding. She feels the street fair is unique and fun, but does not necessarily philosophically agree with the amount of tax dollars that it takes to underwrite it. She has seen an increase in the funding each year, but not an increase in the benefit to the business community. She felt the City must be fair in how it uses tax dollars to promote the business community, whether in the Cove or along Highway 111, noting that the City's business core is significantly larger than what exists in The Village. She is looking for all kinds of creative ideas to help the business community, including having staff look at some type of revolving fund for businesses to draw from during the slow season and pay back during the remainder of the year. She supported having two events at the opening and closing of the season, but also recognized the Chamber's concern about the competition in getting vendors. She felt regional and/or sub-regional events are generally put on for the benefit of those particular areas and the purpose of going to more events would be to be in direct competition with neighboring cities. She questioned how long they could all be successful if they are drawing from the same sources. She supported a two-week continuance to give the Chamber and opportunity to rethink their position and maybe come back with a better plan for the street fair, but was firm on limiting the funding to the $20,000 already set aside. Council Member Perkins advised that he has had some concerns in the past about the amount of funding being allocated to the Chamber, but felt this year BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 5 August 4, 1 998 they should be given a chance since they have new management. He had hoped, however, that they would come back with something different than the street fair. He noted that there is more to do at the Palm Springs street fair because of the number of stores that are open, but he was not sure what draws people to the La Quinta street fair, and he questioned if the purpose was regional or for La Quinta. He is looking for something that will draw people and businesses to the area and the La Quinta street fair looks more like a block party to him and he has no interest in going again. He supported asking the Chamber to re-evaluate their request, advising that he expected the $20,000 to go toward an innovative program and that he could not support any more than that for any type of program. He suggested the Chamber take a second look at their request and come back with something different, advising that he was not sure better vendors, lighting, and music is the answer. Council Member Adolph supported the Chamber's request, noting that this year 5 allocation of $1 70,000 is not much more than last year's amount of $162,000. He felt the Chamber has been short-changed, given their change in management and aggressive program, and felt the City shQuld give them a chance to move forward. Mayor Pena felt it boils down to the Chamber's intentions. He understood the Council's concern about meeting the City's goals in economic development and the manner in which the Chamber is trying to achieve those goals with the street fair and suggested a subcommittee of the Council meet with the Chamber to see what goals can be met. Mr. Yavanian advised that they submitted their funding request so soon due to the time constraints involved with advertising in the vendor publications. As to their economic development plan, he felt that it is very carefully defined in the material they previously presented to Council. It includes a Citywide shop local" campaign, a very well defined business retention and expansion program, and outreach program. He advised that they could produce four events for $20,000, but believe that six events would be better. An allocation of $35,000 for six events will leave them a little short, but they will make up the difference. He advised that timing is crucial. Council Member Sniff supported the suggestion of a subcommittee and continuance of this item to August 18. He pointed out that the Chamber serves the entire City and that there are other areas such as Ralph's Shopping Center that are experiencing some stress and are in need of help. He believed the entire Council is supportive of the Chamber and is only looking to get the best package for the City. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 6 August 4, 1 998 Council Member Perkins supported formation of a subcommittee and advised that he wishes to find a way to support the Chamber in their request. Mayor Pena and Council Members Henderson and Sniff volunteered to serve on the subcommittee. Council Member Henderson felt the Council's intent is not to make the Chamber's effort more difficult, but rather is relaying the message that they would like to see that effort insome other format. MOTION It was moved by Council Members Sniff/Henderson to continue the matter of the funding request from the La Quinta Chamber of Commerce for the Mainstreet Marketplace to the meeting of August 1 8, 1 998, and request that the Chamber B6ardlManagement meet and discuss various events that they might produce economic development scenarios and business retention scenarios that could give the City of La Quinta a potentially new or modified program for the use of these funds that can encourage and support business solicitation and business retention. Motion carried unanimously. MINUTE ORDER NO.98-130. Mayor Pena advised that two Council representatives would be selected to meet with the Chamber. 2. CONSIDERATION OF A FUNDING REQUEST FROM THE BOB HOPE CHRYSLER CLASSIC. Mr. Weiss, Assistant City Manager, advised that during the FY 1998/99 budget hearings Council considered the proposed funding request and asked staff for information relative to security costs. Included in the staff report is a memorandum from Captain Singerton, of the Riverside County Sheriff's Office, which indicates that security costs will range from $30,OOO-$60,OOO. In addition, past costs for soil stabilization and security are identified in a letter from the Classic organization. He advised that the City of Indian Wells reimburses the Classic for actual costs related to soil stabilization and private security. In response to Mayor Pena, Mr. Weiss confirmed that the City of Indian Wells has set aside funds for the event in this year's budget. Council Member Adolph asked if the soil stabilization costs were the responsibility of the Classic or encumbered by the individual courses and pointed out that the corner of Jefferson Street and Avenue 54 is covered with BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 7 August 4, 1 998 grass and would not need soil stabilization. He also asked if the County would be funding the costs related to the Bermuda Dunes course and questioned the request for $60,000 since the costs range from $30,000-$60,000 and Indian Wells is setting aside $50,000. Mr. Weiss did not know what the County is proposing and advised that the funding provided by Indian Wells is for private security on their own courses and does not include sheriff costs. He further advised that the cost estimates provided by Captain Singerton are not broken dbwn by jurisdiction. Dawn Suggs, 39000 Bob Hope Drive, Rancho Mirage, Administrative Director for the Bob Hope Chrysler Classic, stated that they are very pleased to have La Quinta as the host city for this year*s event. She advised that they are required to provide soil stabilization, security, and traffic control on city streets. In La Quinta, they will be providing soil stabilization for part of the parking area outside of PGA West because half of it is dirt and possibly an additional parking area within PGA West. She advised that the soil stabilization costs are the responsibility of the Classic and that KSL is the only corporation that provides them with any financial assistance. The City of Indian Wells requires additional security, which is why they provide the amount of funding they do. Any unused funds are put back into the community through the various charities that the Classic supports. Council Member Adolph supported helping with the security costs, but not the soil stabilization costs, which he felt should be the responsibility of the home courses. Council Member Henderson stated that she would be comfortable supporting $10,000-si 5,000 for local police because that would be funding that would stay in La Quinta. Council Member Sniff stated that his first inclination was to deny the request, but felt, perhaps, a more reasonable solution might be to allocate $1 0,000 for security. He could not support anything beyond that amount. He felt the visibility provided by the Classic on a national scale is of some value. Mayor Pens was supportive of the City providing some funding for security, noting that there would be heavy traffic over that weekend and that adequate traffic control is important to minimize the frustration of the residents. Council Member Perkins felt $20,000 might be a more appropriate amount since two of the five events would be in La Quinta. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 8 August 4, 1 998 Mayor Pena suggested this item be continued until September to give Council an opportunity to receive better clarification from Captain Singerton on the cost estimates. MOTION It was moved by Council Members Sniff/Henderson to continue the funding request from Bob Hope Chrysler Classic until September 1 5, 1 998. Motion carried unanimously. MINUTE ORDER NO.98-131. A brief discussion ensued regarding the need to establish criteria to evaluate the value of the various golf tournaments for the purpose of determining funding. The discussion concluded with the consensus that staff should look into it and report back to Council. 3. CONSIDERATION OF A FUNDING REQUEST FROM THE GREATER COACHELLA VALLEY SOAP BOX DERBY. Ms. Horvitz, Community Services Director, advised that the Greater Coachella Valley Soap Box Derby is requesting funding in the amount of $1 200 to cover franchise fees. MOTION It was moved by Council Members Sniff/Adolph to approve the funding request by Greater Coachella Valley Soap Box Derby for $1,200, to be funded from the Special Projects Contingency Fund Account. Motion carried unanimously. MINUTE ORDER NO.98-132. 4. CONSIDERATION OF A FUNDING REQUEST FROM THE COACHELLA VALLEY COMMUNITY CONCERTS ASSOCIATION. Ms. Horvitz, Community Services Director, advised that the Coachella Valley Community Concerts Association is requesting funding in the amount of $5,000 for their annual performances through6ut the Desert Sands Unified School District. In response to Mayor Pena, Elaine Lloyd, 77-313 Calle Mazatlan, President of Coachella Valley Community Concerts Association, advised that the School District provides the facilities for the program at no cost and the outreach program itself is funded through grants and personal contributions. They have 1 29 concerts scheduled for this season. Donna Martin, P. 0. Box 972, of Coachella Valley Community Concerts Association, advised that the in-kind services provided by the School District are BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 9 August 4, 1 998 not included in their budget. The summary costs are strictly the fees paid to the musicians, with all other costs being absorbed by the Association. MOTION It was moved by Council Members Sniff/Adolph to approve the request for funding of $5,000 for Coachella Valley Community Concerts Association to be funded from the Special Projects Contingency Fund Account. Council Member Henderson recommended that the Association, and similar organizations funded by the City, keep in mind that the Council is looking at the possibility of not funding organizations in consecutive years. Motion carried unanimously. MINUTE ORDER NO.98-133. 6. SECOND READING OF ORDINANCES ORDINANCE NO.325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONING CODE AMENDMENT TO TITLE 9 ZONING CODE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE ZONING CODE AMENDMENTS 97-058 AND 98-061). It was moved by Counci! Members Sniff/Henderson to adopt Ordinance No.325 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 4, 1998. 2. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-3, INCO HOMES. 3. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 28469, HOME DEPOT. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 10 August 4, 1 998 4. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28522, PENINSULA GROUP, LLC. 5. APPROVAL OF THE FIRST AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LA QUINTA. 6. APPROVAL OF STANDARD TRAINING SITE LETTER OF AGREEMENT WITH THE OFFICE ON AGING. 7. APPROVAL OF COMMUNITY SERVICE GRANT REQUEST BY THE LA QUINTA HISTORICAL SOCIETY. 8. APPROVAL OF COMMUNITY SERVICE GRANT REQUEST BY LA QUINTA ON STAGE. 9. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF RIVERSIDE FOR THE PROVISION OF LIBRARY SERVICES. 10. APPROVAL OF DECLARATION OF SURPLUS PROPERTY. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended with Item Nos. 3 and 4 being approved by RESOLUTION NOS. 98-82 and 98-83 respectively. Council Member Henderson thanked La Quinta On Stage for including their Form 990 with their funding request. Motion carried unanimously. MINUTE ORDER NO.98-134. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 11 August 4, 1 998 DEPARTMENT REPORTS CITY ATTORNEY USE OF THE CITY LOGO. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that staff is still researching the City's copyrights for its logo. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE PROPOSED TENNIS COMPLEX AT WASHINGTON STREET AND MILES AVENUE. Council Member Perkins stated that there seems to be some question as to whether or not the City of Indian Wells will proceed with annexing the property at Washington Street and Miles Avenue where the proposed tennis complex is to be built. He felt the City should be prepared to annex the property, should Indian Wells decide against it, because it would give the City more control over the proposed development. Council Member Sniff noted that La Quinta has always deferred to Indian Wells on that property, but agreed that the City should be in position to move forward should Indian Wells decide against annexing the area. He felt the area would be of significant value to the City, with or without the tennis complex. Council Member Adolph supported the suggestion, as he has felt for some time that the City should annex the west side of Washington Street whenever possible in order to protect the City from unwanted development. 2. DISCUSSION REGARDING EXTENSION OF THE POOL PROGRAM AT FRITZ BURNS PARK POOL. Council Member Sniff wished to have staff contact CVRPD regarding the possibility and costs of keeping the pool at Fritz Burns Park open on weekends through the remainder of September and October. Council concurred. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 12 August 4, 1 998 3. DISCUSSION REGARDING CHANGE IN THE ELECTION DATE. Council Member Henderson wished to have an item agendized for the next Council meeting in regard to changing the election date to correspond with the Statewide General Election. Council concurred. 4. DISCUSSION REGARDING PARAMEDIC SERVICES. Mayor Pens wished to have staff look into the possibility of enhancing the City*s paramedic services. Council concurred. 5. DISCUSSION REGARDING 5B2026. Mayor Pens advised that the Friends of the La Quinta Library have submitted a letter requesting that the Council support Senate Bill 2026, which would provide bonds for construction/renovation of public libraries. He suggested staff be directed to look at it for a resolution of support. Council concurred. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session until 7:00 p.m. CLOSED SESSION...............continued 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding ongoing litigation Hanover V. City of La Quinta and Apollo, Case No.085167. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^O City Council Minutes 1 3 August 4, 1 998 7:00 P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. REVISED DEVELOPMENT REVIEW PROCESS ADMINISTRATIVE FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that the recent update of the Zoning Code has made it necessary to revise the current Development Fee Schedule, which has been in effect since December 1996. Some of the revisions are due to the creation of new applications for development in the Cove and Village areas. The other revisions are recommended to better reflect the City*s development and review process. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.98-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION 96-94, ADOPTING THE FEE SCHEDULE TO TITLE 9 ZONING CODE AND RESCINDING RESOLUTION NO.96-94. It was moved by Council Members Sniff/Henderson to*adopt Resolution No. 98-84 as submitted. Motion carried unanimously. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 14 August 4, 1 998 2. ENVIRONMENTAL ASSESSMENT NO.98-361 RECOMMENDATION FOR CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT: SPECIFIC PLAN 85-006 AMENDMENT NO.3, AND TENTATIVE TRACT 28447 CONSIDERATION OF ANNEXATION OF THREE PLUS ACRES ON THE NORTH SIDE OF AVENUE 54 APPROXIMATELY 1,500 FEET WEST OF JEFFERSON STREET; AND ANNEXATION OF 1.7 PLUS ACRES ON THE EAST SIDE OF PARK AVENUE APPROXIMATELY 1,100 FEET NORTH OF CALLE TAMPICO INTO THE SPECIFIC PLAN AREA; AND RE-SUBDIVISION OF A PORTION OF TRACT 24889 AND THE 1 7-ACRE ANNEXED SITE INTO 49 SINGLE-FAMILY RESIDENTIAL LOTS ON THE WEST SIDE OF NECTAREO, NORTH OF NISPERO AND ON THE SOUTH SIDE OF MANDARINA, WEST OF MANGO WITHIN THE CITRUS. APPLICANT: KSL LAND CORPORATION. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that the proposed Specific Plan Amendment consists of annexation of two parcels into the boundaries of Specific Plan 85-006. The subdivision is within the Citrus project of The Ranch Specific Plan formally Oak Tree West) along Nectareo and Mandarina Streets. The applicant is proposing to annex a 1.7-acre parcel and a 3-acre parcel and to subdivide a 11.66-acre parcel into 49 single-family residential lots and three lettered lots. The lots range in size from 7,425 sq. ft. to 12,624 sq. ft. On July 14, 1 998, the Planning Commission recommended approval on a 5-0 vote, subject to findings and conditions of approval. In response to Council Member Adolph, Ms. di Iorio advised that the property across the street is single-family residential and that the compatibility review process would be the next step of this project. Deborah Cesaric, 4920 Campus Drive, Newport Beach, an attorney with the firm of Bowie, Arneson, Wiles, & Giannone, representing Desert Sands Unified School District, referred to their letter of June 1 9, 1 998, which outlined their concerns about the tract's impacts on the School District. She advised that the School District is asking the Council to deny the Mitigated Negative Declaration for the environmental assessment because they feel it does not comply with CEQA and is in violation of all applicable laws regarding mitigation payments for school districts and facilities. In addition, they had requested in their letter that any.public hearing notices be sent to both the School District and their law office, which was not done and is why they did not attend the Planning Commission hearing. They only learned of the Council hearing by reviewing the agenda. She also referred to their letters of July 20 and July 21, which further related their concerns and comments on the project and asked for a response from staff, which they have not received. They strongly disagree with staff's BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 1 5 August 4, 1 998 findings that, *`school fees mitigate the project's impacts to a level of insignificance." In an effort to work with the developer and in the interest of fairness and goodwill, they proposed a partial mitigation of $3.93 per sq. ft. that would cap out at $7,900. She noted that, potentially, the project could generate 1 000 children and impact the School District by $20 million, with statutory school fees only providing $7 million. Under their proposal, it would provide $16 million. If the homes were age-restricted, the School District would only be looking for $0.31 per sq. ft. She advised that they believe the Mitigated Negative Declaration and the environmental assessment lack factual basis for the statement that no evidence has been provided," and that the initial environmental study was deficient because it did not show why statutory school fees are not sufficient. In citing three cases, she noted that the City is entitled to request full mitigation from the developer because of the proposed Specific Plan Amendment, and that the School District is not limited to the $1.93 per sq. ft. impact fee. Again she urged Council to deny the Mitigated Negative Declaration and to resubmit the initial study for circulation and to require KSL to enter into a mitigation agreement with the School District. She further requested a response from staff in regard to the Notice of Determination for Tract 28797, which was approved on July 20, as well as the currently proposed Specific Plan Amendment and Tract 28447. Council Member Adolph questioned the number of children expected to be generated by the project, noting that PGA West has approximately 24. Ms. Cesano advised that they are not required to look at projects on an individual basis and have to prepare for the worse case scenario. Since this is a single-family residential development, the potential is there. Ms. Honeywell, City Attorney, advised that, since the Specific Plan Amendment is a legislative act, Council is entitled to consider whatever evidence they deem to be appropriate, as to whether the changes in the Specific Plan are adequately mitigated by the conditions required of the developer. The decision is up to the discretion of Council. Ms. Cesano advised that they are willing to sit down and meet with City staff and the developer. They feel that, contrary to what is stated in the Mitigated Negative Declaration, they have provided evidence. In response to Mayor Pena, Ms. Honeywell advised that, since the School District's representative is present and has had an opportunity to express their concerns, she did not feel that that alone would be a reason to have to continue this item. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^OCity Council Minutes 16 August 4, 1 998 Chevis Hosea, 55-920 PGA Boulevard, Vice President of Land and Commercial Development for*KSL Land Corporation, advised that they have an approved mitigation agreement that the Desert Sands Unified School District has been honoring since they acquired the property. He noted that their developments are basically designed as second home communities and that they have little or no primary communities. They are currently trying to settle litigation with Coachella Valley Unified School District over the same issue and, although they are proposing to add land under the Specific Plan Amendment, the density of the project will actually be reduced. He also noted that, if in fact, these are second homes and the homeowners are already paying school impact fees at their first home, they are actually being double taxed. Wayne Hancock, 55-920 PGA Boulevard, of KSL Land Development, agreed with Mr. Hosea's comments and felt this is too early in the process to be discussing this issue, noting that they are simply adding three acres to a larger parcel at this point. As their plans develop, he felt the School District would find out that there wilt be no impact from Oak Tree West on the school system and that it does not merit the rates they are requesting. He urged Council to stay with the prior agreement. Chris Byrd, of MDS Consulting, stated that he and his family have lived in PGA West for six months, but are purchasing a home elsewhere in the City because it is not a family-type community. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mayor Pena felt that the project's school impact fees would mitigate the impact on the school district. Council concurred. RESOLUTION NO.98-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, FOR ENVIRONMENTAL ASSESSMENT 98-361 PREPARED FOR SPECIFIC PLAN 85-006, AMENDMENT NO. 3, AND TENTATIVE TRACT MAP 28447, LOCATED ON THE WEST SIDE OF JEFFERSON STREET, NORTH OF AVENUE 54 AND SOUTH OF AVENUE 50 KSL LAND CORPORATION). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 98-85 as submitted. Motion carried unanimously. BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02 ^O City Council Minutes 1 7 August 4, 1 998 RESOLUTION NO.98-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT NO.3 TO SPECIFIC PLAN 85-006 KSL LAND HOLDINGS, INC.) It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-86 as submitted. Motion carried unanimously. RESOLUTION NO.98-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28447 TO ALLOW A 49-LOT SUBDIVISION ON APPROXIMATELY 11.66 ACRES KSL LAND CORPORATION). It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-87 as submitted. Motion carried unanimously. There being no further business, it was moved by Council Members Henderson/Adolph to adjourn. Res*ectfuIIy submitted, *SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 09-09-1998-U01 04:15:54PM-U01 ADMIN-U01 CCMIN-U02 08-U02 04-U02 1998-U02