Loading...
1999 03 02 CC Minutesing -> 10X LA QUINTA CITY COUNCIL MINUTES MARCH 2, 1999 Regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pro Tern Henderson, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Perkins, Sniff, Mayor Pro Tern Henderson ABSENT: Mayor Pena MOTION It was moved by Council Members Sniff/Adolph to excuse Mayor Pena. Motion carried unanimously. PUBLIC COMMENT None Council recessed to Closed Session to and until the hour of 3.?00 p.m. CLOSED SESSION 1. Conference with labor negotiators Ski Harrison, John Falconer, and Tom Hartung, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54956.6 Meet and Confer Process. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(a); 1) CVWD, Case No. 1NC010827; and 2) Hanover v. City of La Quinta, Case No.085167. See Announcements for Closed Session announcement by City Attorney.) 3:00 P.M. PUBLIC COMMENT None CONFIRMATION OF AGENDA Mayor Pro Tem Henderson asked that Mayor & Council Members' Item No.2 be moved to Business Session Item No.3 due to it being a time sensitive issue. MOTION It was moved by Council Members Sniff/Adolph to move Mayor & Council Members' Item No.2 discussion regarding renaming of clean-up day) to Business Session Item No.3. Motion carried unanimously. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 2 March 2, 1 999 Mr. Genovese, City Manager, advised that changes to the public hearings would be confirmed at the 7:00 p.m. meeting. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of February 16, 1999, as submitted. Motion carried unanimously. ANNOUNCEMENTS Ms. Honeywell, City Attorney, announced that the City Council concluded a Closed Session under Government Code Section 54956.9(a) Hanover v. City of La Quinta and as part of the Council's review of the status of the Hanover case, they have authorized an appeal of the motion granting a new trial. The motion was unanimous. PRESENTATIONS None WRITTEN CORRESPONDENCE 1. LETTER FROM WEST COAST OPERA THEATRE REQUESTING FINANCIAL ASSISTANCE. Received and filed and Council directed a letter stating such be sent. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MARCH 2, 1999. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY SHUPP-CONDON, DATE OF LOSS, NOVEMBER 12, 1998. 3. DENIAL OF CLAIM FOR DAMAGES FILED BY RICHARD MORGAN, DATE OF LOSS, MAY 13, 1998. 4. APPROVAL OF OVERNIGHT TRAVEL FOR TWO CULTURAL ARTS COMMISSIONERS TO ATTEND THE AMERICANS FOR THE ARTS CONFERENCE IN ATLANTA, GEORGIA. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 3 March 2, 1999 5. ADOPTION OF RESOLUTION ACCEPTING A DONATION FROM REMAX REALTY TO THE COMMUNITY SERVICES DEPARTMENT FOR THE COMMUNITY PICNIC. RESOLUTION NO.99-36) 6. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE AVENUE 50 MEDIAN ISLAND LANDSCAPE IMPROVEMENT PROJECT, PROJECT NO. 99-01. 7. ADOPTION OF RESOLUTION AUTHORIZING STREET CLOSURE PERMIT FOR THE LA QUINTA ARTS FESTIVAL ON MARCH 18-21, 1999, AT THE FRANCES HACK PARK PURSUANT TO CONDITIONS FOR TEMPORARY USE PERMIT 98-175. APPLICANT: LA QUINTA ARTS FOUNDATION. RESOLUTION NO. 99-37) 8. APPROVAL OF: 1) A PERSONNEL/RISK MANAGER POSITION. 2) AN ADDITIONAL SECRETARY POSITION, 3) REMOVAL OF THE SENIOR MANAGEMENT ASSISTANT FROM THE ALLOCATED POSITIONS' SCHEDULE, AND 4) CHANGES TO THE ASSISTANT CITY MANAGER AND FINANCE DIRECTOR/TREASURER JOB DESCRIPTIONS. 9. APPROVAL OF A REQUEST FROM KSL DESERT RESORTS, INC. TO ASSUME LANDSCAPE MAINTENANCE RESPONSIBILITIES FOR MEDIAN ISLANDS ON EISENHOWER DRIVE FROM AVENUE 50 TO AVENIDA FERNANDO. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and with Item Nos. 5 and 7 being approved by RESOLUTION NOS. 99-36 and 99-37 respectively. Motion carried unanimously. MINUTE ORDER NO.99-24. BUSINESS SESSION 1. CONSIDERATION OF ESTABLISHMENT OF A PART-TIME POSITION CLASSIFICATION FOR CITY MASCOT GAMBY THE QUAIL." Ms. Horvitz, Community Services Director, presented the City Mascot, Gamby the Quail costume worn by Chris De La Rosa), advising that KinerlGoodsell Advertising, Inc. has recommended the mascot as part of the City's marketing plan. It's anticipated that Gamby would attend City functions as outlined in the staff report. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 4 March 2, 1 999 Council Member Adolph suggested Gamby also appear at Senior Center luncheons, open houses, ribbon-cutting ceremonies, and some of the Mayor's Lunches and Chamber Mixers. In response to Council Member Sniff, Ms. Horvitz advised that a contractual position was considered, but it was determined that a part-time employee position would better serve the City and represent a quality representative. Ms. Honeywell, City Attorney, advised that it's also more clearly covered under the City's liability coverage. In response to Council Member Adolph, Ms. Horvitz advised that the City has a mascot training video which addresses what a mascot should or should not do relative to limiting liability concerns. Council Member Sniff asked if a costume for warmer weather was planned, as well as one made of more authentic colors. Ms. Horvitz advised that there is a vest that can be worn underneath the costume to help keep the body from overheating. Mayor Pro Tem Henderson suggested something be done to make the feather on top of the head stick up straighter, and asked where the costume is stored, to which Ms. Horvitz responded at City Hall. MOTION It was moved by Council Members Sniff/Perkins to approve the part- time position classification for the City Mascot Gamby the Quail." Motion carried unanimously. MINUTE ORDER NO.99-25. 2. CONSIDERATION OF DESIGN AND LOCATION OF THE BEAR CREEK TRAIL ART PIECE AS PROVIDED BY THE LA QUINTA ARTS FOUNDATION. Ms. Horvitz, Community Services Director, advised that in 1 994 the La Quinta Arts Foundation proposed doing an art project with local youth, and in 1 995 the location for the art piece was changed from Eisenhower Park to the Bear Creek Trail. Due to various reasons, the project was shelved for sometime, and the Arts Foundation is now submitting the proposed design for the art piece. Jana Barbier, P.O. Box 777, Education Director of La Quinta Arts Foundation, stated that the art piece, Love Seat," was designed by internationally known artist, Gene Flores, who is willing to work with the youth on the installation. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 5 March 2, 1 999 The art piece will be made of brushed stainless steel with split-stone seats, and poetry will be engraved on the wall. In response to Council Member Perkins, Ms. Barbier advised that it will have a raised concrete base. The pillars can also be filled with concrete, and the stainless steel won't take on the heat until the concrete gets very hot. If the steel should get damaged it can be brushed out. Council Member Adolph didn't have a problem with the design, but felt the stainless steel is not indicative of the trail area. Ms. Barbier stated that the artist's intent was to do homage to the metal roof structures built here many years ago. The brushed stainless steel will pick up the color tones of the sky and mountains, but it won't reflect the sun. Council Member Adolph believed the stainless steel would get hot, and was concerned about someone getting burned. Ms. Barbier pointed out that metal art pieces are placed all along El Paseo in Palm Desert. Council Member Perkins felt the art piece is unique, and didn't have a problem with the stainless steel. Council Member Sniff felt it's totally out of place, and missing a balance of native things such as stone, plants, and maybe water. He felt it would be hot in the summer and cold in the winter, and didn't have enough shade or seating. He felt that it needs to be rethought in order to come up with something that's more functional and compatible with the area, and was concerned that people might trip over the abrupt elevation of the base. Ms. Horvitz pointed out that the art piece would not be replacing one of the four rest stops planned along the trail, one of which will be approximately 500 feet away. Mayor Pro Tem Henderson felt the Council may need to address the issue of the rest stops, and determine if they should all be the same or different. She was impressed with the artist's offer to participate, however, she didn't feel that the roof provides enough shade, and was concerned about someone tripping on the raised step. She also questioned the stainless steel not getting hot during the summer. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 6 March 2, 1999 Council Member Sniff felt the glistening from the stainless steel would be offensive and irritating to the eye. Mayor Pro Tern Henderson noted that according to the City's code, the art piece is to be an original, and understood that the artist has used the proposed design in other places. Ms. Barbier stated that it's of the same origin, but not the same design. Council Member Adolph understood that the artist was going more for the artistic aspect rather than a functional shade area, and noted that the City's bus stops have the same problem because they look nice aesthetically, but they lack sufficient shade. His only objection to the art piece was the use of stainless steel. In response to Council Member Perkins, Ms. Horvitz advised that the proposed location is approximately 500 feet from the south end of the trail. Council concurred on referring this back to the La Quinta Arts Foundation asking that it be re-thought with consideration given to Council's comments. 3. CONSIDERATION OF NAMING THE CITY'S SEMI-ANNUAL CLEAN-UP DAYS AS MARION HENDERSON DESERT BEAUTIFUL CLEAN-UP DAY." Note: There was no verbal or written staff report.) Mayor Pro Tern Henderson noted that the Desert Beautiful organization is about 35 years old, and that Marion Henderson has made marvelous efforts toward beautification of the desert. Most of the projects are now being handled by individual cities, and she felt it would be nice for the various clean-up days to be named after Marion Henderson. She asked the Council to consider naming the City's semi-annual clean-up days as Marion Henderson Desert Beautiful Clean-up Day," and to send letters to other cities encouraging them to do the same. She hoped to be able to make such an announcement at their upcoming meeting. Council concurred. MOTION It was moved by Council Members Sniff/Adolph to name the City's semi-annual clean-up days as Marion Henderson Desert Beautiful Clean-up Day." Motion carried unanimously. MINUTE ORDER NO.99-26. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10X City Council Minutes 7 March 2, 1 999 STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS League of California Cities Riverside Division Mayor Pro Tern Henderson encouraged everyone to attend the regional meeting at The? Gardens in Palm Desert on March 8. DEPARTMENT REPORTS None MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING DECORATIVE WINDOW TREATMENT FOR SECURITY PURPOSES FOR CITY HALL. Council Member Sniff was concerned about some of the windows in City Hall not having the proper window covering on the lower portion of the window, and suggested adding a decorative window treatment, such as compatible shutters, to provide privacy and security. Mayor Pro Tern Henderson wasn?t sure that the shutters are working that well on the upper portion of the windows, and suggested referring this to staff for other options. Council concurred. 2. DISCUSSION REGARDING NAMING THE SEMI-ANNUAL CLEAN-UP DAY AS MARION HENDERSON DESERT BEAUTIFUL CLEAN-UP DAY." See Business Session Item No.3. 3. DISCUSSION REGARDING REPAIR OF BALIFIELDS AT THE SPORTS COMPLEX. Council Member Sniff noted that the ballfields at the Sports Complex are in need of repair, and felt that it's time sensitive and necessary. Council Member Perkins pointed out that the difficulty is in getting the fields shut down long enough to repair them. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 8 March 2, 1 999 4. DISCUSSION REGARDING A Y2K TRANSITION COMMITTEE. Council Member Snifi suggested an item be agendized for March 16 to consider the formation of a Y2K transition committee consisting of Council Members and staff, and representatives from the banking field, grocery industry, utilities, Sheriff's Department, and any others who would have a major impact on the City. He felt this could be a traumatic event, and that something meaningful should be done promptly in order to get back to the citizens and to outline courses of action that could be used if necessary to facilitate the transition. Council Member Perkins asked if there's a City ordinance to prohibit price increasing beyond 1 0% in emergency situations. Ms. Honeywell, City Attorney, advised that she would research it to see if it would apply in this instance. Council Member Perkins agreed that the City may be falling behind on this. Council Member Adolph also agreed, and felt the City should know what could happen, and what's being done to prepare for it. Mayor Pro Tem Henderson assumed that it would be an aQhoc committee, and didn't have a problem agendizing it. She felt there should be a substantial amount of material ready as to what's already been done for them to review at their first meeting. Council concurred on agendizing this matter for March 16, 1 999. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. Council Member Perkins left the meeting at this time. 7:00 P.M. PUBLIC COMMENT None BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 9 March 2, 1 999 PUBLIC HEARINGS 1. ENVIRONMENTAL ASSESSMENT 98-373 AND SPECIFIC PLAN 98-033 A REQUEST FOR CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVAL OF A SPECIFIC PLAN OUTLINING THE DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A 140 TO 160-ROOM HOTEL AND TWO RESTAURANTS ON 7.07 ACRES LOCATED AT THE NORTHEAST CORNER OF ADAMS STREET AND HIGHWAY 111. APPLICANT: MAINIERO, SMITH & ASSOCIATESIRAY TROLL. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the proposed Specific Plan, which is for a 1 40 to 1 60-room hotel and two restaurants on 7.07 acres, allows the number of required parking spaces to be reduced from 399 to 31 B. It has been reviewed by the Planning Commission who has recommended approval, subject to findings and conditions. He then pointed out the location of the hotel and restaurants on the site plan, as well as the access off of Adams Street that will ultimately connect to future development to the east. There's a road between the storage area and hotel that will also connect into future development to the east. A right-in, right-out access will exist along Highway 111 on the easterly boundary, and the 50-foot- wide setback area along Highway 111 will be developed per the City's Highway 111 Design Guidelines. He then advised of a need to add Condition No.70 which requires all trees to be 8' to 10' high in a minimum 24" box, with a minimum 1 5" caliper. In response to Council Member Adolph, Mr. Herman advised that the developer is required to reserve a total of 1 5 feet for right-of-way at Adams Street, and that the building setback on Adams is 20 feet from the right-of-way. Council Member Adolph asked staff to take a look at bus stop shelters on the north side of Highway 111, noting that the current design fails to provide. enough shade. Mayor Pro Tern Henderson asked who would own the street to the north side of the project. Marvin Roos, 777 E. Tahquitz Canyon, Palm Springs, Director of Planning Services with Mainero, Smith & Associates and representing Ray Troll, advised that they are in agreement with the Planning Commission's recommendation and concur with the conditions of approval. In regard to the street to the north, BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 10 March 2, 1 999 he noted that it's listed in Condition No. 36-B as a private street, but they're unsure at this point what the loading will be from traffic to the east, and anticipate the street being a public street. He noted that the Specific Plan changes the hotel from a conditional use to a permitted main use, and that the Planning Commission made drive-throughs a conditional use. In response to Council Member Adolph, Mr. Roos advised that they would stay within the 50-foot height limitation along Highway 111. Council Member Adolph advised that he objects to any two-story buildings being out along the Highway 111 frontage. He suggested they use anodized bronze for the tubular steel poles instead of the grey steel look, and questioned the number of signs being proposed. Mr. Roos advised that they're proposing two monument signs; one on Adams Street and one on Highway 111. In response to Council Member Sniff, Mr. Roos advised that they might be able to accommodate a larger hotel if they eliminated restaurants or put the parking underground. They're looking at a business-style hotel, such as the Marriott Courtyard hotels in Palm Springs and at Desert Willow. The parking would be shared with the two restaurants, and they anticipate further shared parking when the properties to the east develop. They're looking at dinner house style restaurants like Cocos and not drive-throughs. As for two-stories, he noted that some restaurants have a small, second-story mezzanine or banquet area, but the entire facility wouldn't be two-story. Council Member Sniff didn't have a problem with the signage nor with two-stories, but he did feel that it's important to maintain visibility of the mountains and to have some sense of openness along Highway 111. He also believed that visibility and easy access are vital for a business to succeed. Mayor Pro Tem Henderson didn't have a problem with two-stories since the buildings are restricted to a 35-foot height limitation. However, she wished they would look at the size of the parking spaces because the number of sport utility vehicles is increasing all the time. She complimented the Planning Commission for doing an excellent job in finding a compromise on the drive- throughs. There being no one else wishing to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 11 March 2,1999 RESOLUTION NO.99-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-373 PREPARED FOR SPECIFIC PLAN 98-033 MAINIERO, SMITH & ASSOCIATESIRAY TROLL). It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-38 as submitted. Motion carried unanimously. RESOLUTION NO.99-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 98-033, A PROPOSED COMMERCIAL DEVELOPMENT ON 6.01 ACRES AT THE NORTHEAST CORNER OF ADAMS STREET AND HIGHWAY 111. MAINIERO, SMITH & ASSOCIATES/RAY TROLL). It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-39 as amended adding Condition No.70). Motion carried unanimously. Mr. Genovese, City Manager, advised of the following changes to Public Hearing Item Nos. 2, 3, and 4: Item No.3 is changed to Item No.2 with the addition of Site Development Permit 99-643; Item No.2 is changed to Item No.3 with the Site Development Permit and compatibility issues removed; and in Item No. 4 the compatibility issues are removed. 2. TENTATIVE TRACT 29122 AND SITE DEVELOPMENT PERMIT 99-643 A REQUEST TO SUBDIVIDE 1.77 ACRES INTO NINE SINGLE-FAMILY LOTS LOCATED ON THE EAST SIDE OF LAUREL VALLEY APPROXIMATELY 730 FEET NORTH OF SOUTHERN HILLS IN PGA WEST, AND COMPATIBILITY APPROVAL OF THREE NEW PROTOTYPE SINGLE-FAMILY RESIDENTIAL UNITS RANGING IN SIZE FROM 2,294 SQUARE FEET TO 2,353 SQUARE FEET. APPLICANT: MSG ENTERPRISES, INC. Mr. Herman, Community Development Director, advised that this is a proposal to subdivide 1.77 acres into nine single-family lots of 7,81 8 sq. ft. or larger. Three prototype houses are proposed to be built on this tract, as well as in Tract 291 21 and Tract 29125. The Planning Commission has recommended approval, subject to findings.and conditions. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 12 March 2, 1999 The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Dan Odle, representing MSG Enterprises, Inc., stated that he was available to answer questions, and in response to Council Member Adolph, advised that access for two of the three tract maps will be through Madison Street. Mr. Herman advised of the need to add Condition No. 13 to the Site Development Permit, requiring final front-yard landscaping plans to be submitted to the Community Development IDepartmentfor review prior to the issuance of the first building permit for the units; and the plans shall provide for, and indicate, 24" box trees with 1.5" to 2" caliper and a minimum of 10' high measured from top of box. There being no one else wishing to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED. RESOLUTION NO.99-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 1.77 ACRES INTO NINE SINGLE-FAMILY LOTS LOCATED ON THE EAST SIDE OF LAUREL VALLEY APPROXIMATELY 730 FEET NORTH OF SOUTHERN HILLS IN PGA WEST TENTATIVE TRACT MAP 29122 MSG ENTERPRISES, INC. FOR SEOKTOP CONSTRUCTION). It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-40 as submitted. Motion carried unanimously. RESOLUTION NO.99-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 99-643, SUBJECT TO CONDITIONS, PROVIDING COMPATIBILITY APPROVAL OF THREE PROTOTYPE UNITS FOR CONSTRUCTION IN PGA WEST. MSG ENTERPRISES, INC. FOR SEOKTOP CONSTRUCTION). It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-41 as amended adding Condition No.13). Motion carried unanimously. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10X City Council Minutes 1 3 March 2, 1 999 3. TENTATIVE TRACT MAP 29125 A REQUEST TO SUBDIVIDE 1.82 ACRES INTO 10 RESIDENTIAL LOTS LOCATED ON RIVIERA WAY, EAST OF SHOAL CREEK, SOUTH OF AVENUE 54 IN PGA WEST. APPLICANT: MSG ENTERPRISES, INC. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that this is a tract for 10 single-family lots, ranging from 7,240 sq. ft. to 12,101 sq. ft. It has been reviewed by the Planning Commission, and they have recommended approval, subject to findings and conditions. He pointed out that the three prototype units approved in Public Hearing Item No.2 would also be constructed in this tract. Council Member Adolph questioned why this developer is being conditioned to construct a permanent wall to replace the temporary wall on the south side of Avenue 54. He understood that KSL was supposed to be responsible for constructing the wall, and he noted that it was one of the conditions that was brought up several months ago when the Specific Plan was approved for the new golf course and the new development north of Avenue 54. A temporary wall was built because they didn't know at the time how the configuration was going to run between the two golf courses, and it was conditioned at that time that KSL would be responsible for removing the temporary wall and constructing a block and stucco wall. He didn't know what the time element was for KSL to construct the permanent wall, but it's going to affect this development as well as another development down the street. Mr. Herman advised that KSL never owned the property. It was owned by Landmark Land Company through RTC and then sold to this developer, and the only way to get the wall constructed is to condition this tract. Council Member Adolph noted that KSL bought the condition regarding the wall when they bought the property, and he felt they were aware of their responsibility in this issue. Ms. Honeywell, City Attorney, advised that, typically, conditions on a development run with the land, not with the particular owner, and it's not the City's issue who completes the conditions as long as they are completed prior to the issuance of building permits. She added that, presumably, when the property was sold, it was valued based on the condition attached to it. Dan Odle, representing MSG Enterprises, Inc., stated that everything Council Member Adolph has said is true. He wasn't aware of the condition until it BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 14 March 2, 1 999 showed up in the resolution, and in all of the meetings they conducted early on in the process, no one ever mentioned that they would be conditioned to build the wall. When he questioned staff member, Steve Speer about this he was told that KSL has been asked to provide some cost and quantity estimates for all the site improvements that are still not done and part of the specific perimeter plan, and that those will be a pro-rata share and an allocation to all the developers that are participating in the maps being approved now. He advised that they object to having to build the wall, and have been told by Mr. Speer, that at least in spirit, they've agreed to credit them toward theirpro- rata share of the overall perimeter specific improvements for which KSL is supposed to provide an estimate. A math division is supposed to take place where the land is divided into the cost of the improvements and the developers are being conditioned to share in that cost. He advised that they would like to not be burdened with building the wall because they have to manage the work, but as long as they are going to be able to be credited with that cost within the developer's agreement, they would probably ride along for now. Ms. Honeywell questioned the implementation of such an agreement unless its in the conditions. Mr. Odle stated that all three tract maps have a very ambiguous condition written into them. In this tract, Condition No.19 is not specific about what their cost share will be in the perimeter specific improvements that are being enforced on all of the developers who are developing in PGA West. They took this issue to task with KSL representatives just this morning. Ms. Honeywell pointed out that there are many conditions placed on specific plans and other planning documents, but it's not until the tract map is actually processed that the public improvements are done by whoever takes over the responsibility for the tract map at that time. In response to Council Member Adolph, Mr. Odle stated that it's their understanding that the wall is not on their property, neither is the landscape lot on the inside of the wall, which they have agreed with the homeowners association to landscape. There?s also a landscaped area on the outside of the wall. He understood from Mr. Speer that they had come on board with their maps at a time when negotiations with KSL had taken a turn. It had been assumed that because KSL had purchased so much property, that they would take over all the improvements that were left undone by the previous master developer. They agreed to it initially, but when the City began to force them to make those improvements they felt the other developers should share in the costs. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 15 March 2, 1 999 Mr. Herman suggested a continuance until this issue can be resolved. Mr. Odle advised that they have agreed to go ahead and manage the construction of the wall. Council Member Adolph advised that he would support moving forward as long as the developer is willing to accept the condition. Mr. Odle advised that they're comfortable with going forward with this. Mr. Genovese, City Manager, noted that any approval or disapproval of this project must be based on what's in writing before the Council, and that there should be no reliance on any other qualifications or discussions. Ms. Honeywell advised that the developer should have no reliance that anything that's not written in the conditions is going to affect how the improvement agreement will be written, and if the developer does have a concern about that, the item should be continued. Mr. Odle stated that their position is that Condition No. 1 9 is somewhat ambiguous and will have to be dealt with in more clarity. They understand the site wall construction can end up at their own costs or things can improve when Condition No.19 is dealt with, which basically does not give developers a real cost at this time. They're relying on the good faith of the whole issue to work into something positive for everyone. Mayor Pro Tern Henderson wasn't happy if there's a feeling that there's an ambiguous condition thai's to be worked out later on. Ms. Honeywell noted that Condition No. 21-A does not speak to the wall, but rather the remaining off-site improvements, and she didn't interpret that as giving the developer credit toward the wall. Mr. Odle understood that the City is about to give Avenue 54 back to KSL, and that prior to that there would have been a Specific Plan requiring that entire street to be improved, including the site wall and landscaping outside of the site wall. He would agree with the City Attorney's statement if the street is given back to KSL under the master plan of the development to the north, but if it's part of a perimeter specific plan now, then they would view the site wall as part of that plan and as part of the improvements that were not made or enforced at a previous day. Council Member Sniff was inclined to move for a continuance. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10XCity Council Minutes 1 6 March 2, 1 999 Mayor Pro Tern Henderson agreed. In response to Council Member Sniff, Mr. Qdle advised that MSG has instructed him to request the Council to go forward with the resolution as written. Jim Hunt, 54-527 Riviera, asked if access to the development would be through Shoal Creek, to which Mr. Herman responded yes. There being no one else wishing to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. RESOLUTION NO.99-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 29125, A SUBDIVISION OF 1.82 ACRES TO DEVELOP 10 SINGLE-FAMILY LOTS LOCATED ON RIVIERA WAY, EAST OF SHOAL CREEK, SOUTH OF AVENUE 54, WITHIN SPECIFIC PLAN 83-002 AMENDMENT 3 IN PGA WEST MSG ENTERPRISES, INC.). It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-42 as submitted. Motion carried unanimously. 4. TENTATIVE TRACT 29121 A REQUEST TO SUBDIVIDE 2.98 ACRES INTO 17 SINGLE-FAMILY RESIDENTIAL LOTS, LOCATED ON WINGED FOOT, NORTH OF SOUTHERN HILLS AND WEST OF MADISON STREET IN PGA WEST. APPLICANT: MSG ENTERPRISES, INC. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the proposed tract is for 1 7 single-family lots on two parcels, with lots ranging in size from 7,593 sq. ft. to 7,786 sq. ft. The Planning Commission has recommended approval, subject to findings and conditions. In reviewing the site plan, he noted that access is behind the wall on Winged Foot Drive. In response to Council Member Adolph, Dan Odle, representing MSG Enterprises, Inc., advised that alcoves are provided in the floor plans for the condensing units. There being no one else wishing to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02 ing -> 10X City Council Minutes 17 March 2, 1999 RESOLUTION NO.99-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 29121, A SUBDIVISION OF 2.98 ACRES INTO 17 SINGLE-FAMILY LOTS LOCATED ON WINGED FOOT, NORTH OF SOUTHERN HILLS AND WEST OF MADISON STREET WITHIN SPECIFIC PLAN 83-002 AMENDMENT 3 IN PGA WEST MSG ENTERPRISES, INC.). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 99-43 as submitted. Motion carried unanimously. There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. submitted, JU?CiW Clerk City of La Quinta, California BIB] 03-16-1999-U01 02:18:25PM-U01 ADMIN-U01 CCMIN-U02 03-U02 02-U02 1999-U02