Loading...
1995 05 02 CC MinutesL! LA QUINTA CITY COUNCIL MINUTES May 2, 1995 Regular meeting of the La Quinta City Council on May 2, 1995 was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Council Member Cathcart asked that Mayor & Council Members' Item No.1 be pulled from the agenda. Mayor Pefia asked that a discussion regarding the wording used on the Closed Session agenda items be added as a Mayor & Council Members' Item. MOTION It was moved by Council Members Perkins/Bangerter to confirm the agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter to approve the City Council Minutes of April 18, 1995 as submitted. Motion carried unanimously. ANNOUNCEMENTS Mr. Genovese, City Manager, introduced the City's new Finance Director, John Falconer. Mayor Pefia welcomed him to the City on behalf of the Council. PRESENTATIONS None PUBLIC COMMENTS Mr. Robert Tyler, 44-215 Villeta Drive, spoke regarding Consent Calendar Item No.5 and questioned the release of securities before the unimproved roads are completed, noting that the dust from the unimproved road behind his property is a nuisance to his neighborhood. He asked if pressure could be imposed upon the developer to pave the road. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 2 May 2, 1995 Mr. Cosper, Public Works Director, advised that the tract was recently s6Id and the securities scheduled to be released are for completed improvements and is legally required. Bonds be maintained for all incomplete improvements. He advised that the.eventual build-out of the development is up to the developer. He will review and update the developer's PM1O requirements and dust control measures as it relates to Mr. Tyler's concerns regarding dust from the unpaved road. WRITThN CORRESPONDENCE 1. LETThR FROM MONDAY MORNING GROUP REGARDING INLAND EMPIRE POSTMARK. Council Member Perkins asked for clarification on the proposed Inland Empire postmark. Mr. Herman, Community Development Director, advised that he met with the Postmaster and was informed that local mail will be metered with a local stamp at the Post Office in Palm Desert by the end of the year. The name currently proposed for that stamp is Coachella Valley..' Mr. Genovese, City Manager, advised that the proposed Inland Empire stamp may conflict with the local Coachella Valley stamp. Council Member Perkins' first preference was individual city postmarks, but preferred a Coachella Valley postmark to one from Inland Empire. Council Member Sniff noted that the City's original meter postmark read Calexico? because it was obtained from that city, but later received a La Quinta meter postmark. As the City grew, the local postmark was replaced by the current San Bernardino postmark. He didn't feel that an Inland Empire postmark had much value because it's not identifiable to the area. He felt that City postmarks were indicative and the origination point more clearly understood. He would agree to the Coachella Valley postmark since it is a singular location and highly identifiable. Council concurred with no action taken. 2. LETTER FROM JULY 4TH GREATER DESERT FIREWORKS COMMITTEE REQUESTING CON'I1LIBUTION. Council Member Sniff stated that the City hasn't supported the fireworks display for several years and wasn't sure of its direct value to the citizens of La Quinta. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 3 May 2, 1995 Ms. Liz Green, Chairman of the Greater Desert Fireworks Committee, advised that approximately 35,000 45,000 people attend the event each year and the expenses incurred are for the fireworks display, insurance, and a donation to the Boys & Girls Club for clean-up after the event. She advised that they would like the City of La Quinta to join the cities of Cathedral City, Palm Desert, and Rancho Mirage in supporting the event. In response to Council Member Sniff, Ms. Green advised that Palm Desert donated $5,000, Rancho Mirage $3,500, and Cathedral City $1,000. She said that the City of Indian Wells will not be participating this year. Council Member Sniff felt that it's difficult to see, with any clarity, the demonstrable value to the City. Mayor Pena advised that he attends the event and believed that many other residents of La Quinta do also. Council Member Cathcart felt that it was important to remember the purpose of having a fireworks display on July 4th. Mayor Pefia suggested that the Council consider donating a smaller amount. After some discussion, Council concurred on a donation of a $1,000; MOTION It was moved by Council Members Sniff/Bangerter to contribute $1,000 from the Council's Contingency Fund to support the July 4th Greater Desert Fireworks. Motion carried unanimously. MINUTE ORDER NO. 95?1. 3. LETTER FROM MYRA BOHNENBERGER RESIGNING FROM THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE. Council Member Sniff felt that Ms. Bohnenberger had served the City with distinction and diligence for several years and suggested that the Council present her with a Letter and Plaque of Appreciation. Council concurred. The vacancy will be agendized on the next agenda for appointment. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 4 May 2, 1995 BUSINESS SESSION REPORT OF PLANNING COMMISSION ACTION FOR CONDITIONAL USE PERMIT 95-017 WHICH ALLOWS A FULL-SERVICE, TNNNEL CARWASH AND DETAIL SHOP IN THE C-P-S ZONE, LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 300 FEET WEST OF ADAMS STREET IN THE ONE ELEVEN LA QUINTA CENTER. APPLICANT: LA QUINTA CARWASH JIM L. JARNAGIN. Mr. Herman, Community Development Director, advised that the previously-proposed location of the carwash was at Highway 111 and Washington Street, but that proposed location was denied. He pointed out that the current site is located near the easterly end of the One Eleven La Quinta Shopping Center, just west of Adams Street and south of the Lube Shop. He advised that the facility consists of an enclosed building 3,135 sq.ft.), a carwash tunnel 1,970 sq.ft.), and a covered detail area 1,346 sq.ft). On April 25th, the Planning Commission approved the project with two changes to conditions: 1) that additional landscaping be required near the northwest corner of the site between several of the newly-proposed parking spaces, and, 2) that the Landscaping Plan be brought back to the Planning Commission for review. Re also reviewed the project elevations. In response to Council Member Sniff, Mr. Herman confirmed that the signage will also be reviewed by the Planning Commission. Mayor Pena felt that the landscaping along that area has been less than expected and was concerned that sufficient landscape-screening be required along Highway 111. Mr. Herman advised that it's difficult to create landscape edges in that area because the curbs and gutters haven't been installed yet. Mayor Pena understood the reason for not landscaping areas immediately adjacent to future curbs, but felt that areas 50 feet away from the curb shouldn't be affected. Mr. Herman pointed out that proposed berming around the parcel won't be completed until the adjacent parcel Shell Station) is developed. In response to Council Member Cathcart, Mr. Herman advised that staff will review the landscaping plans to find out what additional planting is required within the 50-foot, rightof-way area along Highway 111. He advised that landscape maintenance is required and enforced by the City's Code Enforcement Department. In response to Mayor Pena, Mr. Herman advised that 24-inch, boxed trees will be required. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 5 May 2, 1995 Council Member Perkins wasn't sure that box size was the best measure to use in defining the size of the trees. Council Member Sniff suggested that minimum diameter and height be added to minimum box size when determining tree-size requirements. Council Member Cathcart suggested using that same measuring factor for all residential developments as well. Mr. Herman advised that they would address it on this project and make it a part of the Zoning Ordinance also. MOTION It was moved by Council Members Sniff/Bangerter to accept the Report of Action taken by the Planning Commission for Conditional Use Permit 95-017, which allows a full-service, tunnel carwash and detail shop in a C-P-S zone, located on the north side of Highway 111, approximately 300 feet west of Adams Street in the One Eleven La Quinta Center. Applicant: Jim L. Jarnagin. In response to Council Member Perkins, Mr. Herman advised that the Lube Shop to the north of the carwash includes three self-washing bays. He added that the proposed Shell Station at the Highway 111/Adams Street intersection includes a drive-thru carwash also. Council Member Sniff was pleased that the carwash would finally be built, noting that it will use very little water due to its water-recycling program. Motion carried unanimously. MINUTE ORDER NO.95-82. 2. REPORT OF PLANNING COMMISSION AC?ON FOR PLOT PLAN 95-551 WHICH ALLOWS A BANK IN THE C-P-S ZONE LOCATED NORTIIWEST OF THE INTERSECTION OF WASHINGTON STREET AND CALLE TAMPICO IN THE LA QUINTA VILLAGE. APPLICANT: FIRSTBANK N.A. Mr. Herman, Community Development Director, advised that the bank would be located in the La Quinta Village Shopping Center, opposite of the Civic Center and west of the retention basin on the corner of Washington Street and Calle Tampico. In response to Mayor Pena, Mr. Herman advised that the water feature adjacent to the proposed Sesame's Restaurant is contingent only upon the restaurant completion. The completion of the retention basin is contingent upon both the bank and restaurant because of a pipe in the basin that will be disturbed during construction of both projects. Mayor Pena was concerned about the retention basin being delayed too long because of its unsightly appearance. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 6 May 2, 1995 Council Member Bangerter asked if the ATM machine will be in a well-lit, safe location to which Mr. Herman responded yes. Mr. Herman reviewed the building elevations and advised that the bank will be 5,700 sq.ft. In response to Council Member Perkins, Mr. Herman advised that the location of the ATM was approved by the Sheriff's Department. Mr. Herman advised that on April 25th, the Planning Commission recommended approval of the project on a unanimous vote. Council Member Sniff questioned why water is retained in the retention basin virtually all the time and asked what could be done to alleviate the problem. Mr. Cosper, Public Works Director, advised that the design of the retention basin calls for a hidden sump to be built that will activate a pump which will evacuate the water in the basin. MOTION It was moved by Council Members SnifflCathcart to accept the report of the Planning Commission action for Plot Plan 95-551 which allows a bank in a C-P-S zone, located northwest of the intersection of Washington Street and Calle Tampico in the La Quinta Village. Applicant: Firstbank, N.A. Motion carried unanimously. MINUTE ORDER NO. 95-S3. 3. CONSIDERATION OF AMENDMENT TO THE JOINT POWERS AGREEMENT ESTABLISHING THE COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY. Mr. Falconer, Finance Director, advised that the Coachella Valley Joint Powers Insurance Authority CVJPIA) and Coachella Valley Association of Governments CVAG) have signed a Memorandum of Understanding to begin the process of separating the two entities. He advised that they have requested the City to take action as a CVJPIA member to formalize the Agreement. MOTION It was moved by Council Members Sniff/Bangerter to approve the Amendment to the Joint Powers Agreement establishing the Coachella Valley Joint Powers Insurance Authority. Motion carried unanimously MINUTE ORDER NO.95- S4. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 7 May 2, 1995 4. CONSIDERATION OF PROJECT PRIORITIES REGARDING FEDERAL GRANT FUNDS AVAILABLE N THE PM1O PROGRAM. Mr. Cosper, Public Works Director, advised that the report is broken into two parts: 1) familiarizing the Council with the PM1O funding program and the priorities submitted for approval to CVAG and CalTrans, and, 2) dealing with right-of-way issues necessary to move forward with some of the projects. Re advised that the City of La Quinta received preliminary approval for Federal ISTEA) grant funds through the PMIO Air Quality Control Program. La Quinta has been identified as having a PM1O problem which is an inorganic matter such as dust and dirt particles smaller than 0 microns in diameter or about one-tenth the size of a human hair. The types of transportation-related improvement projects receiving preliminary approval of funds are: 1) windstorm clean- up, $45,500: 2) windbreaks and fences, $27,100: 3) roadway soil stabilization, $89,500, and; 4) paving of unimproved streets, $293,000. The amount available in Phases I and Ills $455,000 with an additional $180,000 available next year in Phase III. Re advised that five projects were identified that indicate a reduction in PM1O through paving of streets. The tract south of Avenida La Fonda has a number of unpaved streets and has been identified as highest priority on the list. However, to move forward with that project it is necessary to accept the street rights-of-way as public streets. Council Member Perkins asked if City funds were involved with the project. Mr. Cosper advised that $70,000 would be needed from City funds because the streets having existing pavement cannot be replaced under the program nor will it cover a storm drain system. The remaining $473,000 will come from the PM1O Program. In response to Mayor Pena, Mr. Cosper advised that discussions are being held with CVAG to determine the parameters that define a windstorm,'. but it's currently determined by the City's Maintenance Manager. It's generally anything that requires sweeping beyond the normal schedule as opposed to a measurement of dust or certain speed of the wind. Council Member Sniff advised that keeping the streets clean will reduce PM 10 because a big part of it is due to traffic grounding dirt on the roads. MOTION It was moved by Council Members Sniff/Bangerter to approve the Desert Club Tract project as the City's preferred PM1O paving project. Motion carried unanimously MINUTh ORDER NO.95-85. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 8 May 2 1995 RESOLUTION NO.95-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALifORNIA, ACCEPTING OFFER OF DEDICATION OF REAL PROPERTY FOR PUBLIC USE AS RIGHT-OF-WAY FOR PUBLIC ROAD PURPOSES. It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-28 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/C athcart to direct staff to proceed with design and administrative tasks necessary to implement the PM1O project. Motion carried unanimously. MINUTE ORDER NO.95-86. Council suggested that staff notify the residents in the tract of Council's action and the impending improvements that are subject to approval of Federal funding. Council Member Cathcart advised that many of the residents will start requesting road repairs upon notification that the streets are now public streets. 5. CONSIDE?ON OF SELECTION OF TWO COUNCIL MEMBERS TO SERVE AS A SUB-COMMITTEE TO NEGOTIATE TIJE CHAMBER OF COMMERCE CONTRACT FOR F,Y 95/96 Council Member Cathcart asked the City Attorney if he had a conflict of interest since he is a member of the Chamber. Ms. Honeywell, City Attorney, advised that he doesn't have a conflict as long as he does not receive money from the Chamber. Council Member Sniff said that he wouldn't mind serving on the committee for another year, noting that he has some historical background with the Chamber since 1989. Mayor Pena advised that he would also be willing to serve another year. MOTION It was moved by Council Members CathcartJBangerter to appoint Council Member Sniff and Mayor Pena to serve as the sub-committee to negotiate the Chamber of Commerce Contract for FY 1995/96. Motion carried unanimously. MINUTE ORDER NO.95-87. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 9 May 2 1995 6. TRANSMITTAL OF TREASURER'S REPORT DATED MARCH 31, 1995 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report for the City of La Quinta dated March 31, 1995. Motion carried unanimously. MINUTE ORDER NO.95-88. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report for the La Quinta Financing Authority dated March 31, 1995. Motion cartied unanimously. MINUTE ORDER NO.95-89. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 2,1995. 2. APPROVAL OF CALTRANS TO USE CIVIC CENTER MEETING SPACE. 3 ADOPTION OF RESOLUTION ESTABLISHING SPEED LIMIT ON PARK AVENUE, SOUTH OF AVENUE 50. 4. APPROVAL OF CONTRACT SERVICES AGREEMENT FOR AUDITING SERVICES OF CONRAD & ASSOCIATES. 5. APPROVAL OF REDUCTION IN IMPROVEMENT SECURITY FOR TRACT 18915 PALM ROYALE. 6. ADOPTION OF RESOLUTION AMENDING THE CITY COUNCIL'S RULES OF PROCEDURE. Relative to Item No.3, Council Member Bangerter asked if it was possible to reduce the speed limit to 25 mph instead of 30 mph. Mr. Cosper, Public Works Department, advised that a speed survey would be necessary to establish the speed limit at 25 mph because it doesn't qualify as a residential street. He advised th? the engineering studies don't support a speed limit lower than 30 mph. Council Member Perkins felt that unrealistic speed limits are not usually effective, but rather have the opposite effect. He felt that narrowing the traffic lanes have helped to reduce the speed. MOTION It was moved by Council Members SniffJBangerter to approve the Consent Calendar as recommended with Items No.3 and 6 being approved by RESOLUTION NOS. 95-29 and 95-30 respectively. Motion carried unanimously. MINUTE ORDER NO.95-90. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 10 May 2, 1995 STUDY SESSION DISCUSSION OF PROPOSED FISCAL YEAR 95/96 CAPITAL INIPROVEIIIENT PROGRAM. Mr. Genovese, City Manager, referred to the capital improvement document and advised that it'S a statement of the City's goals, objectives, and priorities for a five-year period as it relates to the Capital Improvement Program. It also includes the financial commitments required to accomplish those objectives. It provides the City with a long- range program for the municipal capital projects and is the primary planning instrument used to identify financing needs for those improvements. He advised that the Public Works and Finance Departments have worked with Rosenow Spevacek Group to prepare the document. He advised that Dan Miller would address the financial components and Mr. Cosper would address the planning priorities, implications of the improvements, and subsequent review/approval process. Mr. Dan Miller, of Rosenow Spevacek Group, advised that the cash-flow analysis provided to Council in September, 1994 listed the City's funding sources for the purpose of identifying ways to create reserves and meet existing obligations. He advised that available funding sources are the Redevelopment Agency Fund, General Fund, Infrastructure Fund, Quimby Act Funds, Gas Tax Fund, CVAG, developer contributions, transportation grants, etc., some of which have restrictions on expenditures. These sources were used to develop the 1995/96 Five-Year Capital Improvement Program. He advised that the amounts authorized for 1994/95 projects have been deducted from the available funds. The priority list of improvements was based on existing development agreements and available funding, some of which had to be projected for the five-year period such as infrastructure and redevelopment funds. He emphasized that two qualifications need to be considered with the Capital Improvement Program; the on-going infrastructure fee program study by DM6 and low-mod housing projects that may become eligible for funding. He advised that the DM6 study, which is scheduled to be completed this summer, will impact the City's revenues and may result in some of the funds being categorized for particular projects. The low-mod housing projects that have been identified are based on a preliminary analysis only and further analysis is needed. He referred to the list of deferred projects that are required/desired in the future, advising that funding sources have not yet been identified for those projects, but they will be brought on?line as funds become available. Mr. Cosper, Public Works Director, advised that the Capital Improvement Program is a five-year forecast. The first-year is called the Capital Budget and the area where Council will make most of their approvals. The remaining four-year forecast is an estimate of when specific projects may come on-line, when installation funds may be available, and when maintenance funds will be available to maintain.those facilities. He advised that the deferred projects are projects without identified funding. He reviewed the 1995/96 project priorities, advising that street maintenance and equipment BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes I May 2, 1995 replacement are considered annual projects. He advised that street-maintenance funding is contingent upon General Fund availability and equipment replacement is contingent upon availability of Infrastructure Funds. Re advised that the Washington Street soundwall extension project and utility undergrounding at Parc La Quinta are projects with prior commitment, noting that the utility project was the result of a negotiated court settlement. He then reviewed projects considered to be high-need projects: the Urban Forestry Program, landscape improvements to Eisenhower Drive medians, rehabilitation of sports lights at the Sports Complex, and widening of Washington Street. Re advised that detailed project descriptions in the appendices include proposed project funding and expenses and maintenance/operation costs. Using the Urban Forestry Program as an example, he pointed Out the proposed funding and expenses for 1995/96 and the maintenance costs related to that improvement over a period of five years. In response to Mayor Pefia, Mr. Cosper advised that the administration costs are for the year the project is constructed and is intended to cover the extra staff time needed to get the project on-line. Mr. Cosper advised that if directed by Council, staff will submit a resolution on May 16th to approve the 1995/96 Capital Improvement Program which will then become a part of the City's Annual Operating Budget. Council Member Perkins referred to projections such as vehicle replacement and asked if projections were possible for other capital improvements such as future traffic signals Mr. Cosper advised that it's difficult to pinpoint the time that development-driven improvements will be needed until the project is within one to two years of construction. In response to Council Member Perkins, Mr. Cosper advised that the DM6 study is an AB 1600 study which will identify the impacts that are necessary to address the needs that are produced by the new development and spread the costs Out over the future development. The timing of available funding will be addressed annually during the Capital Improvement Program, but not likely to be addressed in the DMG study. Mayor Pena asked when replacement costs are considered for those long-term improvements that have built-in maintenance costs. Mr. Cosper advised that streets are designed with a 20-year life span and shouldn't need replacing if properly maintained, unless truck traffic increases, which will break down the street. He said that some streets may need replacing after a longer period of time due to oil loss, but those costs would be factored into the normal street maintenance since they would be minimal. Re advised that funds should be set aside for replacing soundwalls because they do deteriorate over a period of time. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 12 May 2,1995 Council Member Perkins advised that a portion of Homeowner Associations' assessments are set aside monthly for replacement of various improvements within that particular development and asked if the City could do the same thing to ensure availability of replacement funds. Mr. Genovese advised that projected replacements would be included in the City's five- year forecast with appropriate funds set aside at that time. He advised that there are no excess General Funds to set aside for such a purpose at the present time. Council Member Perkins wished to start projecting more into the future instead of year to year. Mr. Cosper advised that the City's new Pavement Management System software will help determine the amount that should be set aside each year for maintaining the streets at a certain level. Mr. Miller advised that the City began setting aside funds for the comprehensive street maintenance program for the first time this year. At some point in the future, the City will need to set aside funds for rehabilitation of the City's major facilities such as the Civic Center and Senior Center, but the focus is currently on streets. Mayor Pena asked how deferred projects can be re-prioritized. Mr. Miller advised that projects can be moved forward, even from the deferred projects list,, at the discretion of the Council or if additional funding becomes available. Mr. Genovese advised that the five-year forecast is primarily a planning tool, with only the first-year segment going into the fiscal-year budget. Updated revenue projections will be used each year to address the priorities under consideration at that time. Mr. Miller advised that other funding sources, such as grants, may also be identified and applied for, to place some of the projects on-line earlier. He pointed out that maintenance costs of new facilities which will impact either the General Fund or Landscaping & Lighting District Fund, must also be considered when prioritizing projects. In response to Council Member Bangerter, Mr. Miller advised that the Sports Complex Light Rehabilitation Project will be funded from the Community Projects Fund. Mr. Genovese advised that the Community Projects Fund is the $1 million received from PGA West through an agreement. Council Member Sniff asked for clarification on the expenditure of the Landmark contribution. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L ! City Council Minutes 13 May 2, 1995 Mr. Genovese advised that portions of that fund have already been earmarked for other projects such as the Fritz Burns Park and pool and only the balance remaining will be used for the potential projects in 1995/96. Mr. Miller advised that the Community Projects Fund balance at the beginning of the year was approximately $1.5 million from which funds have been set aside for the Fritz Burns Park Project. Council Member Sniff referred to the request by the Historical Society on the deferred projects list, and questioned the $275,000 amount. Mr. Genovese advised that $25,000 for administration is included in that amount, but will only be expended if administration is required. Council Member Sniff asked if projects on the deferred list were assumed to be dealt with beyond five years to which Mr. Genovese responded yes. Mayor Pena advised that Council may use its discretion in rearranging the priority list. Mr. Genovese advised that the 1995/96 portion of the document is the most important part presently since it will become a part of the 1995/96 budget. In response to Mayor Pefia, Mr. Cosper advised that Washington Street will be widened from Highway 1 1 to Avenue 47 and funding includes the design, right-of-way acquisition, and construction. In response to Council Member Cathcart, Mr. Cosper advised that The Village parking improvements on the deferred projects list came from the previous Capital Improvement Program which was a proposal to construct a parking area in the old-town area through an assessment district. Council Member Cathcart advised that some businesses in the downtown area contribute to a City Parking Lot Plan" and asked what fund those monies go into. Mr. Genovese advised that they go I?nto a separate fund which is relatively small at the present time and will be utilized for those improvements as it grows larger. In response to Council Member Cathcart, Mr. Cosper advised that remaining improvements in the Cove are not currently scheduled, including the downtown area, but could be if an assessment district is formed or funds become available. Mr. Genovese advised that Phases 1-5 were completed within seven years and exhausted the City's tax increment and bond indebtedness, leaving insufficient funds to complete BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 14 May 2, 1995 the remaining phases at the present time. Those improvements could move forward if the City's tax increment increases beyond its bond indebtedness. In response to Council Member Cathcart, Mr. Genovese advised that he wasn't sure of the definition of the Cove nor what was included in the 10-year plan which began in 1988. Council Member Sniff felt that the 10-year plan lacked a clear definition of when improvements would be done in each area which mislead residents into assuming that each phase of improvements would follow each other in regular Increments. Mayor Pena advised that many protested the improvement program in the beginning, but protests diminished as each phase was completed. Because of public pressure, the program was accelerated. Council Member Cathcart noted that the remaining improvements aren't included in the Capital Improvement Program at all which will move those improvements bey6nd the 10- year plan. In response to Council Member Bangerter, Mr. Genovese advised that Phase VI of the Improvement Project The Village) listed under contingent-other" on the deferred list includes the remaining balance of the Village project, including any remaining streets. Council Member Bangerter asked if Sagebrush and Bottlebrush streets are included and Mr. Genovese advised that they are not. Council Member Sniff advised that other areas outside of the Cove were added to the improvements which contributed to the exhaustion of funds. Council Member Catheart was disappointed that the downtown improvements aren't scheduled in the near future because the businesses there are required to contribute to a parking plan fund which isn't viable. Mayor Pena was also concerned with that issue and suggested that the Council set aside time to discuss it. Re suggested that a temporary waiver of the parking plan fee might be enough incentive to encourage downtown development. Council Member Cathcart concurred. Mr. Genovese advised that staff is currently working on The Village Specific Plan and will be included partly with the discussions related to the Economic Development Plan. The process definition of that plan will be presented to Council at the next meeting. Council Member Cathcart was pleased that the City now has a five-year plan. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 15 May 2, 1995 Council Member Sniff advised that he and Mayor Pena have strongly encouraged a five- year plan for a long time. He also advised that he was distressed that improvements in The Village weren't completed at the beginning of the Cove improvements because it would have added to the City's commercial base. MOTION It was moved by Council Members Sniff/Bangerter to direct staff to prepare the necessary resolution for the May 16, 1995 City Council/Redevelopment Agency meeting approving the 1995/96 Capital Improvement Program. Motion carried unanimously. MINUTE ORDER NO.95-91. 2. DISCUSSION OF A JOINT POWERS AGREEMENT REGARDING CITY OF LA QUINTA MEMBERSHIP IN TIlE SUNLINE SERVICES GROUP. Mr. Cosper, Public Works Director, advised that on November 21, 1994; the City applied to SunLine Transit Agency for Colmac Alternative Fuel Vehicle Funds to retrofit ten City vehicles for use of compressed natural gas CNG). There is potential funding for six vehicles: two this year, two next year, and two the following year. However, to qualify for those funds, the City must be a member of the SunLine Services Group Joint Powers Agency SSG-JPA) which was formed to regulate the valley's taxicab industry on a regional basis. Its membership is comprised of Riverside County and all of the cities in the valley except La Quinta. He advised that the City of Indio dropped their SSG-JPA membership, choosing to regulate their own taxicab services for a period of time, but have since decided to rejoin, effective July 1, 1995. He pointed Out that the Council has discussed this issue on several occasions from June, 1993 to March, 1994 and the agency agreement has been approved by the City Attorney. Re said that a team of experts completed a peer review study of the SSG-JPA and made the following recommendations, which were also adopted by SunLine's Board of Directors: I) adopt a mission statement and code of ethics; 2) develop business standards for the taxi industry in the process of being approved); 3) complete a pro-forma evaluation of the industry for the purpose of recommending passenger rates the study has begun); 4) * restructure the regulatory organization of SunLine Transit to develop a clearer distinction between SunLine's role as a transit provider and SunLine's role as a taxi regulator in the process of being approved), and; 5) consider transferring regulatory activities from SunLine to another local agency there have been discussions between SunLine and the City of Palm, Springs regarding this). He advised that to transfer the City's State- mandated requirement to regulate taxicab service to the SSG-JPA and become eligible for Colmac Alternative Fuel Vehicle grant funds, Council must adopt a resolution approving the City's membership in the SunLine Services Group Joint Powers Authority. He advised that Mr. Dennis Guinaw would make a presentation on behalf of SunLine Transit Agency. Council Member Perkins advised that the City doesn't have to regulate taxicab service, but wouldn't be able to control the service without it. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 16 May 2, 1995 In response to Council Member Cathcart, Mr. Cosper advised that regulation can be done locally or on a regional basis, but he felt that regional regulation was better. Mr. Dennis Guinaw, Director of Special Services for SunLine Transit Agency, reviewed the Council's previous concerns regarding SunLine's ability to regulate taxicab service, both from a financial and organizational standpoint. Re advised Council that SunLine is no longer in a deficit position and has repaid a $100,000 debt owed to the City of Palm Desert, thus removing the City's previous concerns of unwarranted financial liability. He also advised that the peer review report indicated that SunLine Transit Agency's relationship in the SSG-JPA was not a conflict of interest, as it appeared, because the taxi operation was moved into the SSG-JPA, severing the ties between the SunLine Transit Agency and the taxi regulations. In response to Mayor Pena, Mr. Guinaw confirmed that the Board is considering a proposal by the SSG-JPA to drop passenger charges for taxi regulation due to the debt reduction in the JPA. In response to Council Member Perkins, Mr. Guinaw advised that taxicabs operating at the Palm Springs Airport are regulated by the SSG-JPA through the SSG-JPA permit process. Council Member Bangerter asked how taxicab services are responding to the program. Mr. Guinaw advised that the taxicab owners have been included in the regulatory planning process. Some of them don't enjoy the requirements of regulation, but do see the benefit of being on a level-playing field with other operators. He advised that a Taxi Committee meets with the operators to discuss the regulations. In response to Council Member Perkins, Mr. Guinaw advised that the regulations include safety and cleanliness inspections of the cabs. There are four separate background checks on the drivers including drug testing, local police-record check, State Department of Justice check, and DMV check. Driver permits are not issued until the local check and drug testing are completed which takes approximately six days to process. Taxicabs receive a wheels-off inspection bi-annually in addition to monthly spot-inspections by SunLine Road Supervis(?rs. Council Member Sniff advised that he testified before the peer review group because he had some concerns at that time. He's still disappointed that separate Boards weren't established to represent the agencies, but felt that positive changes have been made and saw no reason to delay membership any longer. Council Member Perkins felt that strong efforts had been made to address the Council's concerns. He didn't want the City to enter the inspection business and was in favor of moving forward with the membership. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 17 May 2, 1995 Mr. Genovese, City Manager. advised that the issue will be brought back to Council at the next meeting in the form of an agreement. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS 1. Mrs. Juhola, Administrative Services Director, proposed two dates for the City's Volunteer Firemen's Appreciation Dinner, May 25th and June 8th. After some discussion, it was decided to have the dinner on June 8th, providing that it doesn't conflict with school-graduation exercises. 2. Mr. Herman, Community Development Director, advised that a group called Premier Events" wished to do a team-building event in the City with approximately 350 participants from their group. He suggested two potential projects: 1) build walkways and plant trees in the area between the Civic Center and Senior Center, or 2) install improvements in median strips. He advised that the selected area must accommodate 350 people working together and asked for Council's direction in selecting a project to submit to the group. The event will take place on December 12th, with the group providing the needed materials and inexperienced labor. In response to Mayor Pena, Mr. Herman advised that the selected project must be submitted by Friday. Council concurred on the walkway project between the Civic Center and Senior Center. MAYOR AND COUNCIL MEMBERS' IThMS 1. DISCUSSION REGARDING SCHEDULING A STUDY SESSION RELATWE TO POSSIBLE BALLOT MEASURE REGARDING THE FRITZ BURNS PARK. Removed from the agenda. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 18 May 2, 1995 2. REGARDING PGA WEST. Council Member Sniff advised that Mr. Sardella, a PGA West resident, had voiced some concerns to him and he asked Mr. Sardella to briefly present his concerns to the Council. Mr. Bob Sardella said that he didn't receive the Notice of Public Rearing for two Planning Commission hearings, noting that one was addressed to the previous owner, Sunrise, and the other one was addressed to him, but never received. He also had a problem reading the maps attached to the notices. He was concerned about temporary models being approved at PGA West that are never removed. He felt that a proposed model project was incompatible with PGA West and residents weren't given a chance to respond to the project due to improper notification. He requested that they be given an opportunity to respond. Mr. Herman advised that tract maps require one Planning Commission Public Hearing and one City Council Public Hearing. The meeting notices were generated by a Title Company selected by the applicant and Planning Commission hearing notices were mailed. The Title Company relies upon the County Assessor's Office for correct address information, but the County failed to supply them with the updated information on new owners. However, Mr. Sardella was aware of the Planning Commission hearing on April 25th and responded to it through written correspondence as opposed to appearing in person. He advised that State law states that lack of notification to a property owner is insufficient reason to overturn approval on a project. He advised that public comments on the tract map will be received at the City Council Public Rearing on May 16th and mailed notification will be sent to all current property owners. In response to Council Member Perkins, Mr. Herman advised that Homeowner Associations aren't included in meeting notifications and Council Member Perkins suggested that they be included in the future. Mr. Herman advised that the second issue raised by Mr. Sardella was that he understood that tennis courts were included in the Specific Plan. The RTC illustration showed tennis courts, but the Specific Plan did not. Mr. Herman confirmed to Council Member Sniff that public comments on the tract map will be received by the City Council on May 16th. Mr. Sardella felt that he should be able to respond to the model compatibility as well. Mr. Herman advised that the model compatibility wouldn't be brought before the Council unless an appeal is filed before the appeal deadline of May 5th, or the Council invokes their own appeal process. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 19 May 2, 1995 Mr. Chevis Hosea, 56-150 PGA Boulevard, Director of Real Estate for KSL Recreation, advised that proper meeting notifications were sent to property owners. He said that they complied to the City's required process for approval and felt it would be unfair for them to be held to a higher degree of planning requirements. He also felt that the proposed models are more than compatible with existing unitS within PGA West and urged the Council to not delay the project. In response to Mr. Hosea, Ms. Honeywell advised that anyone can file an appeal of a Planning Commission decision within a 10-day appeal period and no grounds for that appeal are necessary. 3. REGAR?ING CLOSED SESSION AGENDAS Mayor Pefia felt that the wording on Closed Session items as it relates to real property negotiations" are misleading and asked the City Attorney to respond with alternate or additional wording to clarify such negotiations. Ms. Honeywell advised that Government Code Section 54954.5, Safe Harbor Agenda for Closed Sessions," requires that certain titles be used on the agenda. properties must be identified. types of negotiations must be listed, and negotiating parties muSt be identified. She advised that the negotiating party is identified for the record only, but they are not allowed in the session because the purpose of the Closed Session is to allow Council the opportunity to confer with their own negotiator. She advised that additional wording is allowed and suggested that some type of phrasing be used to clarify that the negotiating party is not present in the Closed Session. Mayor Pefia suggested that Assemblyman Battin be lobbied to submit an amendment to the law in an attempt to have the wording clarified. He felt that the wording negotiations h" is confusing and implies that the negotiating party is present in the meeting. 4. REGARDING DESERT HOLOCAUST MEMORIAL. Mayor Pen a announced that he attended the unveiling of the Desert Holocaust Memorial. It was well attended and the City of La Quinta was recognized as a contributor. 5. REGARDING CVAG SURVEY CONCERNING CHILDREN & YOUTH COMMISSION. Council Member Cathcart advised that staff will soon be receiving a survey from CVAG regarding the Children & Youth Commission. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 20 May 2, 1995 Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with legal counsel regarding anticipated litigation pursuant to Government Code Section 54956.9(B) one case). 2. Conference with legal counsel concerning ongoing litigation Imi pursuant to Government Code Section 54956.9 7:00 P.M. PRESENTATIONS The Mayor and City Council presented the following students of La Quinta Middle and Adams/Truman Elementary Schools with New Leaf Awards. Grade I Grade 2 Grade 3 Roderick Carmelo Richard Alvarez Savannah Arriaga Simon Custer Michelle Bradford Megan Brogan Tyler Dean Todd Bush Carlin Casey Aaron Dodson Harisen Hague Gustalvo Delatorre Carolina Felix Riley Hall Cortney Gilbert Eric Holub Shawn Hochanadel Joshua Guyer Kaden Perry Shauna Hooten Christina Hall Andrea Trimbur Janelle Jones Andrew Woodard Terra Kirby Korie Kistler Grade 5 Kristine Kodani Danielle Lanier Julie Burkett Highest Achiever) Abraham lopez Omar Carrasco Gio Machado Rebecca Guarino Emil NIcholson Andrew Hollihan Paloma Paredes Roberto Juarez Sara Pavey Amber Zorn Jeremy Perez Michael Portolesi Melody Serna Loni Sharp Jim Speer Carmen Velasquez BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 21 May 2, 1995 Grade 6 Grade 7 Grade 8 Yosefath Aguiar Danielle Aguilar Jonathan Garkow Jorge Aguilar Allison Anderson Derek Garner Jimmy Arrelola Kindra Asaro Raymond Limon Mark Collins Thomas Flowers Highest Achiever) Juan Renteria Brooklyn Frazier Albert Garcia Jolene Willis Cassandra Hayes Brandi Harris Robert Lopez Amanda Hippen Vincent Montenegro Robert Ledezma Hogan Adam Parsons Justin Lindendield Michael Pina Jessica Runyon Larry Simon Desorai Shelton Crystal Teague PUBLIC COMMENT Mr. Carl Ingram, 78-625 Sanita Drive, spoke regarding the Fritz Burns Park pool. Re said that funds are available and a compromise should be reached regarding pool operations because the youth in the community need a pool. He felt that a community pool will help save some of the youth that might otherwise go astray. Mr. Enrique Gutierrez, 52-287 Avenida Ramirez, expressed appreciation to Council Members Cathcart and Perkins for meeting and discussing the pool issue with him. He found that neither of them oppose the pool, but only the proposed related costs and he felt that their meetings were very positive. He commended Council Member Cathcart for his involvement in a valleywide youth organization that's seeking to fill a void" with the youth in the area who are on the edge of becoming law-breakers. He felt that a community pool will also help fill that void. He believed that Council Member Perkins has the community's best interests in mind and commended him for it. He also thanked the other Council Members for their leadership efforts. He commented that it's the youth who will shape the future of the City and urged the Council to build the pool as soon as possible. PUBLIC HEARINGS 1. CONTINUED PUBLIC IHEARING ON PLOT PLAN 93495 REVISED), APPEAL OF SIMON PLAZA, INC. OF THE PLANNING COMMISSION'S CONDITIONS TO THE APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED PROJECT ON 5.6j ACRES ON IIIGHWAY 111, EAST OF WASHINGTON STREET. Mr. Herman, Community Development Director, advised that the appeal was continued from the April 4th meeting to allow the applicant time to submit a revised site plan or obtain authorization from Pomona First Federal Bank to include Parcel 6 in their BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 22 May 2, 1995 extension request. The applicant has not applied for an additional time extension and the plot plan is scheduled to expire on May 24, 1995. Mr. John Sanborn, 255 N. El Cielo Road, Palm Springs, representing Simon Plaza, advised that they were unable to file an application due to their inability to obtain an acknowledgement from Pomona First Federal, but advised that negotiations have been completed with them. He asked for an additional 30-day continuance of the appeal. Mayor Pena advised that May 16th is the latest that the appeal can be continued to because the plot plan becomes null and void as of May 24th. MOTION It was moved by Council Members Sniff/Cathcart to continue the Public Hearing on Plot Plan 93-495 revised), Appeal of Simon Plaza, Inc. to May 16,1995. Motion carried unanimously. MINUTE ORDER NO.95-92. 2. SPECIFIC PLAN 94?5, GENERAL PLAN AMENDMENT 94?7, CHANGE OF ZONE 944)77 FOR THE GREENS CONSISTING OF 277 HOME SITES ON 331 ACRES LOCATED IN SECTION 29, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SBBM, EAST OF JE?RSON STREET EXTENSION SOUTH OF AVENUE 58. APPLICANT: WINCHESTER DEVELOPMENT COMPANY. 2a. CERTIFICATION OF THE FINAL EIR AS ADEQUATE AND COMPLETE, RECOGNIZING OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS AND RECOGNIZING SIGNIFICANT, BUT MITIGATIBLE ENVIRONMENTAL EFFECTS DUE TO PROJECT IMPLEMENTATION. 2h. GENERAL PLAN AMENDMENT 94?47 FROM OPEN SPACE TO VERY-LOW DENSITY, LOW-DENSITY RESIDENTIAL, MEDIUM DENSITY, AND OPEN SPACE. 2c. CHANGE OF ZONE 9?77 FROM HILLSIDE CONSERVATION TO SINGL? FAMILY 1), MULTI-FAMILY 2), AND HILLSIDE CONSERVATION. 2d. SPECIFIC PLAN 94-025 FOR A PROPOSED RESIDENTIAL DEVELOPMENT CONSISTING OF 277 IIOMESITES ON APPROXIMATELY 331 ACRES. Mr. Herman, Community Development Director, pointed Out the location of the property for The Green development on an aerial map, advising that the project consists of 277 homesites on 331 acres and includes a Specific Plan, General Plan Amendment and Change of Zone. He advised that State Law permits only four General Plan Amendments each year, so the three GPA's on this agenda are going to be wrapped into one resolution action because there will be additional GPA's this year for the Housing Element and the Zoning Ordinance. Therefore, if Council should decide to continue one of the GPA's, all of them should be continued. He reviewed some of the concerns BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 23 May 2, 995 voiced at the Planning Commission hearing on March 28th: access to BLM property, the Boo Hoff Trail, trauheads, building heights, and the initial approval of the Specific Plan length. The Planning Commission recommended a four-year initial approval of the Specific Plan with one-year increment extensions available where staff had recommended a two-year approval with only time extensions. He advised that no development will occur on the hillsides or in the 20% + slope area. He added that the EIR encompasses The Travertine development also. In response to Council Member Perkins, Mr. Herman advised that the City's Hillside Conservation Ordinance limits one housing unit to ten acres of land and is subject to adequate slope and access. Re said that one of the conditions also requires the developer to provide the City with a conservation easement to prohibit development in the hillside area. He advised that the smallest lot is 7,200 sq.ft. Mr. Craig Bryant, 41-865 Boardwalk, Palm Desert, of Winchester Asset Management, advised that his presentation would include The Green, The Travertine, and Jefferson Street realignment projects. He said that Winchester Development represented The Quarry project and the two new developments are intended to compliment that project in a transitional fashion. He reviewed a land swap transaction between Travertine and the BLM which resulted in the BLM property increasing an additional five square miles, in exchange for less than one square mile of usable land for development. Re said that it was clearly understood that the exchange would provide for a significantly increased habitat for bighorn sheep or other species and less than one-square mile would be developed. To effectuate that land trade, Travertine worked in conjunction with the Mountains Conservancy and Nature Conservancy who both approved of and supported the trade. Mr. Bryant felt that the Specific Plan conformed to the City's standards. Re advised that the applicant initially offered a 300-foot buffer zone, but has since withdrawn that offer. He felt that it was unfair for an agency to make a request that wasn't included in the original exchange agreement. He stated that the bighorn sheep habitat area is already at 400 square miles, whereas the development area in Coachella Valley is approximately 250 square miles for 300,000 Coachella Valley residents. He advised that Coachella Valley Water District CVWD) is responsible for water availability and the respective school districts are responsible for the impact on the schools. He felt that the school impact caused by the two developments will be minor in comparison to the impact caused by the eastern section of the district. He realized that the developments will displace the solitude in the area, but advised that it will proceed slowly, possibly over a period of 20 years. He also understood the unfortunate nature in changing a publicly accessible area into an unaccessible area, but felt that it's inevitable due to population growth in the valley. He noted that the equestrian-related activities may become moot when the BLM lease pertaining to such activity expires in March, 1997. He felt that it would be unfair for The Green and Travertine developments BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 24 May 2., 1995 to be denied because of the wish for solitude of a few neighboring residents or trespassing needs of others. He felt that attempts to delay approvals of the projects through technical criticism of the EIR should be recognized as efforts of a few to deny the rights of many. He said that they would like to discuss amendments to some of the conditions at the appropriate time and urged the Council to approve the Specific Plans and EIR. The Mayor declared the PUBLIC EARING OPEN. Mr. Hal Summers, 52-Q50 Avenida Madero, member of the Parks & Recreation Commission, was concerned about the Boo Hoff Trail access as well as the adjacent Santa Rosa Wilderness located directly west of The Green project and south of The Travertine project. He requested that any impacts on trail access or trailhead parking be forwarded to the Parks & Recreation Commission. Ms. Joan Taylor, 1800 5. Sunrise Way, Palm Springs, Conservation Chair for the Coachella Valley Sierra Club, advised that they support the proposed conservation hillside easement for The Green development. She advised that she wasn't familiar with the conditions on The Green project as it relates to guaranteed trail access, but believed that the Travertine project conditions were vague and fail to assure comparable access to trails as they now exist. She asked that conditions be amended, requiring the developer to provide riding and hiking access to the Boo Hoff Trail and adjacent wilderness area as approved by the wildlife agencies. She advised that the Sierra Club prefers a hillside access as opposed to an alternate trail along Jefferson Street, noting that the hillside access will be safer and more scenic. Mr. Dane Hooper, 78-620 Avenida Tujunga, supported The Green and Travertine developments, believing them to be good projects for the City. Mr. William Hilliflan, 50-800 Los Palos, lndio, President of Desert Riders and Coachella Valley Trails Council, expressed satisfaction that the City's Master Plan included the Boo Hoff Trail. He was concerned about trail safety and pointed out preferred trail access and routes on the map. He advised that some hikers are concerned about access to the Boo Hoff Trail from the east side of Jefferson and asked that a safe easement be included. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mayor Pefia asked Mr. Herman to respond to the concerns regarding the Boo Hoff Trail. Mr. Herman pointed out that The Green development is required to relocate the Boo Hoff Trail which will empty into the BLM property. He advised that access to the Boo Hoff Trail is now reached through the staging area at Lake Cahuilla, as a trailhead BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 25 May 2, 1995 doesn't exist on The Green property. He advised that staff's recommendation is to move the Boo Hoff Trail adjacent to Jefferson Street. Council Member Perkins asked what type of protection would be provided for horseback riders if the trail is located adjacent to Jefferson Street. Mr. Herman advised that the applicant is required to provide a trail design for approval and suggested that a fence could be constructed next to a sidewalk, thus dividing the horse trail from the street. Council Member Perkins referred to horse trails in Griffith Park that are separated from the street by approximately 20-25 feet and a fence and felt that something similar should be considered for safety reasons if the trail is moved adjacent to Jefferson Street. Mr. Herman advised that specific trail designs will be presented when the tract map is reviewed at a later date. Council Member Sniff was concerned about the considerable amount of water that the projects will consume and referred to a recent presentation by CVWD on overdraft concerns. He asked if any assurance with certainty was available that sufficient water supplies exist for the projects. Mr. Herman advised that CVWD indicated that they can provide water for the development. The developer is also required to utilize reclaimed water if made available in the future. Council Member Sniff was still concerned about the water availability and wasn't sure it had been adequately addressed. Mr. Herman pointed out that CVWD is looking for recharge areas within the proposed area. Council Member Sniff was also concerned about unmitigated damage to the environment. He asked staff how the determination is made that the benefits outweigh the risks as noted in the report. Mr. Herman advised that staff determined that the mitigation measures will mitigate the development to an acceptable point and felt that the benefits outweigh the risks because the EIR and mitigation measures will address the environmental concerns and the City will receive the benefit of a quality development similar to PGA West. He referred to other developments within the City that have impacted the environment, but benefitted the City in other ways. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!Ci? Council Minutes 26 May 2, 1995 Council Member Sniff advised that each new development adds to the impact on the environment, leaving the City to deal with an accelerated equation when comparing benefits with impacts. He wasn't opposed to new development, but was concerned about the damage to the environment that makes La Quinta unique. He acknowledged that there are peripheral benefits, but felt that environmental impacts should be considered objectively. He asked if either project would impact archaeological areas. Mr. Herman advised that the Travertine project has some archaeological impacts, but not The Green project. In response to Council Member Perkins, Mr. Herman stated that proposed density designations range from one to four units per acre, advising that higher density designations of 16 units per acre could be applied for. However, he felt that the highest units per acre that staff would recommend for that area would be four. Council Member Cathcart liked the project plan, but was concerned about the lack of access to public lands. He felt that it's incumbent upon the developer to provide quality access to the trails. In response to Council Member Sniff, Mr. Herman advised that the equestrian-crossing at Jefferson Street is part of the Travertine project and the Jefferson Street realignment project requires the developer to address that need. Council Member Bangerter commented that the main concerns seemed to be the preservation of the Boo Hoff Trail and the trail along Jefferson Street. She expressed confidence in the staff's qualifications and capability to make excellent decisions in projects of this nature. She also noted that Winchester Development has always worked cooperatively with the City in their previous projects, trying to mitigate the concerns of both the City and the public. Mr. Herman asked that an additional condition be added to The Green project stating that this Specific Plan is contingent upon approval of the General Plan Amendment for the Jefferson Street realignment project" because it will not work without that realignment. Mayor Pena pointed out that many concerns were raised and advised that the Council is sensitive to deyelopment as it relates to water usage, scenic viewscapes, and the natural environment of the area. He, too, was concerned with water availability and access to the trails in the area. He advised that it's difficult to balance the interests of the developer with those of the general public whQ have had unrestricted access to the valley's foothills for many years. He said that trail access will slowly come to an end as development continues if cities aren't sensitive to the need and require easily accessible trailheads. However, cities must also be sensitive to the rights of property owners and simply watch new developments to make sure that they are sensitive to the environment. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 27 May 2, 1995 Council concurred on tabling action upon The Green project until after reviewing The Travertine project. MOTION It was moved by Council Members Perkins/Cathcart to table Specific Plan 94-025, General Plan Amendment 95-047, and Change of Zone 94-077. Motion carried unanimously. MINUTE ORDER NO.95-93. 3. SPECIFIC PLAN 944)26, GENERAL PLAN AMENDMENT 954)49, FOR THE TRAVERTINE CONSISTING OF 2,300 RESIDENTIAL UNITS, TWO GOLF COURSES, RESORT HOTEL AND COMMERCIAL DEVELOPMENT ON 909+ ACRES LOCATED IN SECTION 3, 4, 5, AND 33 OF TOWNSHIP 5 AND 6, RANGE 7 EAST SBBM. APPLICANT: TRAVERTINE CORPORATION. 3a. CERTIFICATION OF THE FINAL EIR AS ADEQUATE AND COMPLETE, RECOGNIZING OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS AND RECOGNIZING SIGNIFICANT, BUT MITIGATIBLE ENVIRONIIIENTAL EFFECTS DUE TO PROJECT IMPLEMENTATION. 3b. GENERAL PLAN AMENDMENT 94A)59 FROM LOW-DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, LOW-DENSITY RESIDENTIAL, TOURIST COMMERCIAL GOLF COURSE OPEN SPACE. 3c. SPECIFIC PLAN 94-025 FOR A PROPOSED RESIDENTIAL DEVELOPMENT CONSISTING OF 2,300 HOMESITES, TWO GOLF COURSES, RESORT HOTEL AND COMMERCIAL DEVELOPMENT ON APPROX?IATELY 909 ACRES. Mr. Herman, Community Development Director, described the project location which encompasses 2,300 residential units, two golf courses, and a resort hotel. He advised that the current land-use designation is a low-density residential which allows two to four residential units per acre. There will be no planned development in any of the hillside areas within the project. The EIR for this project was included with The Green project EIR. He reviewed some of the concerns submitted by the public at the Planning Commission hearing on March 2?th. He advised that limited trail access will be provided to the Martinez Slide area, noting that the Planning Commission modified a condition that requires the developer to supply an additional 100-foot natural buffer area containing a trail system access. He advised that trail access preservation was addressed by the Planning Commission and City Council during the annexation of this area. The only legal access to the Martinez Slide currently is by following the easements along Avenue 64 and Jefferson Street. He advised that the Coachella Valley Unified School District is proposing a $14,000 impact fee for each single-family home which is not currently required by the City. A condition requiring negotiations between the school district and the applicant to mitigate the school impacts was added. He advised that there are impacts in the Travertine project that cannot be mitigated and a Statement of Overriding Considerations has been prepared. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 28 May 2, 1995 Mr. Craig Bryant, 41-865 Boardwalk, Palm Desert, of Winchester Asset Management, advised that his comments are the same as given in The Green project and again would like to discuss amendments to some of the project's conditions at the appropriate time. Mr. Mike Rowe, 41-865 Boardwalk, Palm Desert, of Keith Companies, referred to Condition No.7 and asked that the time-limit on the approval of the Specific Plan be changed from four to ten years. Ms. Honeywell, City Attorney, advised that specific plans can be amended at any time by Council and felt that ten years is more in line with a development agreement timeframe than previous specific plans that have been approved. Mr. Rowe asked that building heights be changed from 28 feet to 35 feet in Condition No.18 and dwelling sizes changed from 1,400 sq. ft. to 800 sq. ft. in Condition No.22 to allow diversity. He also asked that the 300-foot buffer zone be deleted from Condition No.26 as well as the conservation zone in Condition No.35. He further asked that Condition No.66 be changed to allow phasing of the streets. The Mayor declared the PUBLIC HEARING OPEN. Mr. Paul Leyn, 24157 Gunther Road, Romoland, advised that he owns property adjacent to the proposed development and asked if easements will be required for future access to surrounding properties. Ms. Honeywell advised that the City has an obligation to make sure that property does not become landlocked and necessary required easements will be addressed during the tract map phase of the project. Mr. Eric Doering, 4920 Campus Drive, Newport Beach, legal counsel for Coachella Valley Unified School District, spoke regarding the impact the estimated 2,875 students from this project will have upon the already overcrowded schools. He advised that the school district is working with Riverside County to develop a school mitigation plan pursuant to an adopted resolution two years ago after litigation was brought against the County in Murrieta on school impacts. He advised that the County was determined to be required to mitigate the school impacts during consideration of new legislation such as specific plans, general plan amendments, or zone changes. He believed that the City is also required to mitigate the school impacts during their consideration of the proposed Specific Plan and General Plan Amendment. He advised that the current school impact fee adopted in 1987 is $1.72 per sq. ft. which provides for approximately 20% of the needed funding for school facilities. The State was expected to make up the shortfall, but that has not happened. He asked that the developer be required to reach a mitigation agreement with the school district.prior to approval of the Specific Plan. He referred to the City's General Plan requirement that adequate schools must be provided with appropriate facilities to ensure quality education for La Quinta students. He questioned BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L! City Council Minutes 29 May 2, 1995 No.4 of the City's findings on the Statement of Overriding Considerations regarding the construction of new area-wide facilities, where in fact, new schools will not be constructed. He said that the developer has been unwilling to negotiate a mitigation agreement and the Planning Commission's condition requires negotiations, but not a settlement. He said that the developer proposed a condition in which they will give the school district a will serve" letter at the time they pull building permits, but he felt that that will only delay the argument about the meaning of the condition. He advised that on May 9th, the School Board will consider a reduction in the currently proposed $14,981 impact fee and asked the Council to continue this hearing until after the Board meets. In response to Mayor Pefia, Mr. Doering advised that SB 1066 has been through two Senate Committee hearings and will go to the Assembly next. If approved, it will over- rule three court-appeal decisions which have allowed governmental agencies to impose fees greater than statutory school fees for legislative projects. Ms. Janice Harrison, 82-080 Avenue 65, Thermal, stated that her concerns were primarily water usage and mountain access. She felt that a more limited development in this area would be more appropriate since it's the last undeveloped Cove. She was opposed to the project, but offered the following suggestions should it be approved: 1) eliminate the hotel and commercial district, which she felt were inappropriate for the area; 2) require reasonable trail access to Martinez Slide, 3) require a buffer zone, and; 4) require construction of a trailhead parking area for hikers. Mr. Henry Randazzo, 59-650 Madison Street, Thermal, advised that he attended the Planning Commission hearing and felt that they acted more like facilitators instead of a governing body imposing regulations. He felt that their attitude was that any development was better than no development at all. He referred to the depth the development extends into the Cove and the planned four-lane street and felt that the developer's answer to water concerns were flimsy and lacked research. Re didn't believe that a demand for this project exists at the present time. Mr. Kevin Brennan, P.O. Box 1336, Idyllwild, representing the Department of Fish & Game, believed that biological effects to the environment were not addressed in the EIR. He said that the Environmental Assessment EA) in the BLM land exchange was only an acknowledgen?ent of land exchange and that neither the BLM planning staff nor the Nature Conservancy have characterized it as mitigation for future development, as proposed by Mr. Bryant. He reviewed what he felt were erroneous assumptions in the EA and biological report regarding habitat areas. He said that two sections of the exchanged land in the San Jacint6 Mountains are outside the range of bighorn sheep and two sections are characterized with vegetation that is not conducive to bighorn sheep habitats. The portion of land exchanged by the Nature Conservancy is encumbered with an easement which severely limits the Department's ability to manage the site. He advised that they also requested a resolution, detailing mitigation measures that relate to BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 30 May 2, 1995 the Endangered Specie? Act, but that resolution does not exist. They're not opposed to the development, but wish to have some mitigation measures resolved before the EIR is certified and he felt that efforts during the last six months to resolve these concerns with the developer have been unsuccessful. Re asked the Council to delay any action on The Green and Travertine projects until further attempts are made to resolve their concerns. Mr. Hal Sijrnme?, 52-050 Avenida Madero, said that his concerns regarding this project are the same as he voiced earlier for The Green project. The 1994 Desert Wilderness Act designated an area south and west of the subject property as Federal Wilderness and he felt that the density allowed in the proposed project should be conducive to the surrounding area. Ms. Joan Taylor, 1800 5. Sunrise Way, Palm Springs, representative for The Sierra Club, advised that they support the requirement of a buffer zone along the project because they feel it will help preserve the area's archaeological sites as well as serve as a wildlife protection zone. She felt that more specific language in the conditions should be used to require safe and adequate hiking and equestrian access to the Martinez Slide. She advised that large mammals require many square miles to survive because of the low nutritional value of mountain vegetation. Ms. Katie Barrows, 53-277 Avenida Diaz, Planning Commissioner, believed that the City has done an excellent job protecting the hillsides through its Hillside Conservation ordinance. She also felt that the developer had made a good-faith-effort to incorporate the City's values into his project as well as mitigating the impacts. She supported the requirement for a buffer zone and hoped that the developer would work with the Department of Fish & Game to mitigate their concerns regarding wildlife. She was also concerned that open space and adequate mountain access be addressed and urged the Council to continue the hearing until some of the issues are resolved. Mr. William Hilhflan, 50-800 Los Palos, Indio, President of Desert Riders, advised that they maintain 29 trails in the valley and asked if the trail along Jefferson Street would be maintained by the City or Desert Riders, expressing concern that it be properly maintained. Mr. Bill Graham, 9903-B Business Park Avenue, San Diego, of Tierra Environmental Services, advised that he prepared the EA related to the land exchange for BLM and the Nature Conservancy and presented some background information regarding land management decisions that were made during that land exchange. He advised that the San Jacinto and Santa Rosa Mountain areas are both populated by bighorn sheep and that Mr.. Ned Pollack from Fish & Game expressed, during the FA process, that the BLM land exchange was very beneficial to the bighorn sheep. He read portions of the EA, pointing out that some type of resqrt and golf development was expected to take place in the proposed project area, but the endangered species and general environment were also expected to receive an overall benefit from the exchange of land. He advised that BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!City Council Minutes 31 May 2, 1995 the EA reports that land acquired by the BLM enables consolidation of public land in the mountain area and enhances Federal management of critical habitat needed for the bighorn sheep. His opinion was that even though the land exchange does not constitute mitigation for environmental effects, it should be considered as important. Mr. George Berkey, 73-101 Highway 111, Palm Desert, advised that he initiated the land exchange between the parties involved and it received unanimous support from the various environmental groups due to the preservation of five square miles of habitat area. The only opposition received was by an adjacent property owner which was ultimately determined to be unfounded by the courts. He urged the Council to approve the project. Mr. Don Adolph, 55-105 Riviera, Planning Commission Chairman, felt that Ms. Barrows had ac6urately represented the Planning Commission's opinion regarding the buffer zone. He advised that the Planning Commission directed staff to work with the developer to ensure that proper trail access was provided to Martinez Slide. He was opposed to the applicant's request to increase building-height restrictions and reduce dwelling sizes because he believed that such allowances would be a regression for the City. Re said that such restrictions were set in place to ensure compatibility. He didn't feel that the Planning Commission would have approved the project if they had known that the requested modifications of the conditions would be made. He also advised that the Planning Commission tries to work with developers that come into the City, but do not condescend to them, as suggested by public comments. He felt that that was demonstrated by the conditions they placed on the project. There being no one else wishing to speak, the Mayor declared the PUBLIC HE?G CLOSED. Council Member Perkins felt that it's an exciting project, but was concerned about the trail along Jefferson Street and proper access trails to the mountains. He was also concerned with the applicant's request to extend building heights to 35 feet and the 32- foot wide, proposed streets within the development, noting that a 32-foot wide street will accommodate parking on only one side of the street. In reference to the school district's concern, he asked the City Attorney if the City has authority to place the suggested condition on the developer. Ms. Honeywell, City Attorney, advised that cases now under court consideration suggest that the City can condition the applicant to pay the school district's increased impact fee if the basic impact fee doesn't sufficiently mitigate the impact of the project. Council Member Perkins felt that it was important to have the buffer zone. He also felt that the unresolved problems between the developer and the Department of Fish & Game should be resolved. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L !City Council Minutes 32 May 2, 1995 Council Member Sniff supported the conditions imposed by the Planning Commission. He felt that a ten-year timeframe for the Specific Plan was excessive and was also opposed to the applicant's request to increase the building heights and reduce the dwelling sizes. He was in support of the buffer zone requirement and felt that trail access was essential. He also shared Council Member Perkins' concern regarding the trail along Jefferson Street. He felt that the developer should be given some time to negotiate with the school district regarding the school impact fee as well as work effectively with the Department of Fish &. Game to resolve their concerns. He suggested that the project be continued to June 6th, allowing all parties to conclude their negotiations and arrive at reasonable solutions. Council Member Bangerter was in support of the project and felt that it would be a beautiful addition to the City. However, she, too, felt that it should be continued to allow the Department of Fish & Game and the school district a chance to get their concerns resolved. She supported the buffer zone requirement and wished to see more detail about the proposed trail along Jefferson Street. She also supported the Planning Commission's conditions as well as the comments offered by her colleagues. Council Member Cathcart concurred with the comments submitted by his colleagues. He strongly supported the requirement for a buffer zone. He advised that eventual development in the area will take place and urged the Department of Fish & Game to be reasonable in their requests with the developer. Mayor Pena also supported the conditions imposed by the Planning Commission and felt that the project has many significant issues that need to be carefully addressed and mitigated as much as possible. He stated that the area is a very large and important area. He felt that the project is a very significant project and the Martinez Slide area is a very significant geological site in the valley. He supported a continuance of the project and hoped that the various issues would be resolved before the next hearing. Council Member Perkins referred to the Council's past action to protect the small, horse rj?nches in the City and felt that it's important for the City to provide horse trails for horseback riding. M?ON It was moved by Council Members Perkins/Sniff to take Specific Plan 94- 025, General Plan Amendment 94-047, and Change of Zone 94-077 The Green) off the table. Motion carried unanimously. MINUTh ORDER NO.95-94. MOTION It was moved by Council Members Sniff/Bangerter to continue Specific Plan 94-025, General Plan Amendment 94-047, and Change of Zone 94-077 The Green) to June 6, 1995. Motion carried unanimously. MINUTE ORDER NO.95-95. MOTION It was moved by Council Members Sniff/Cathcart to continue Specific Plan 94-026 and General Plan Amendment 95-049 The Travertine) to June 6, 1995. Motion carried unanimously. MINUTE ORDER NO.95-96. BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02 L!!City Council Minutes 33 May 2, 1995 4. CONSIDERATION OF GENERAL PLAN AMENDMENT 95?4S AMEND MENT TO REALIGN JEFFERSON STREET SOUTH OF AVENUE 58. 4a. CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION. 4b. GENERAL PLAN AMENDMENT 95-048 RECONFIGURATION OF STREET ALIGNMENT. MOTION It was moved by Council Members Sniff/Cathcart to continue General Plan Amendment 95-048 to June 6, 1995. Motion carried unanimously. MINUTE ORDER NO.95-97. 5. ADOPTION OF COMPOSITE RESOLUTION FOR GENERAL PLAN AMENDMENTS NOTED IN PUBLIC HEARING NOS. 2, 3, AND 4 BY ANNOUNCING FINDINGS, CONFIRMING ENVIRONMENTAL DETERMINATION AND ADOPTING AN AMENDMENT TO THE LA QUNTA GENERAL PLAN FOR GPA 944)47, 94-048, AND 94-049. M?ON It was moved by Council Members Sniff/Cathcart to continue Item No.5, the composite resolution) to June 6, 1995. Motion carried unanimously. MINUTE ORDER NO.95-98. Council recessed to Closed Session as delineated on Page 20. Council reconvened to regular session. Council concluded a Closed Session under Government Code Section 54956.9 and voted to accept Donald C. Andrew's offer to compronilse outstanding obligations due Steven D. Wymer from Donald C. Andrews or Wazz Corporation for a total payment of $1O0,OOQ. The agreement is available for public review in the City Clerk's office. Council concluded a Closed Session under Government Code Section 54956.9 and voted to approve a settlement agreement and mutual release between the City of La Quinta for the Marshailtown clahn) and First Interstate Bank of Denver, N.A. and Susan M. Renton. The agreement is available for public review in the City Clerk's offlce. There being no further business, the meeting was adjourned. Resp??fully submitted, 7... 4AUNDRA L. JUROLA,??City Clerk City of la Quinta, California BIB] 12-12-95-U01 03:43:05PM-U01 CCMIN-U02 05-U02 02-U02 95-U02