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1995 06 06 CC Minutes LA QUINTA CITY COUNCIL MINUTES June 6, 1995 Regular meeting of the La Quinta City Council on June 6, 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 Pef?a ABSENT: None CONFIRMATION OF AGENDA Council Member Bangerter asked that the report of the Cultural Affairs Sub-Committee under Reports and Informational Items) be heard prior to the Study Session. Mayor Pena expressed concern about maintaining consistency with the various reports Following a brief discussion concerning this report not having been submitted to the Cultural Affairs Commission, Council concurred on referring it to the Commission for a report back by the Commission as possibly a busmess session item. APPROVAL OF MINUThS MOTION It was moved by Council Members SnifflCathcart to approve the City Council Minutes of May 16, 1995 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Kerrie Fitzgibbons, Community Development Clerk Typist, with a plaque expressing the City's appreciation f6r being chosen to receive the Employee Recognition Award. PUBLIC COMMENTS Ms. Terry Henderson, 54-711 Eisenhower Drive, spoke regarding the Council's recent action approving interim improvements at Highway 111 and Wasliington Street, pointing out that traffic problems there would be relieved when Adams Street opens. She felt that interim improvements were an unnecessary expense and inconvenience to residents since the Washington Street widening project will take place during the 1995/96 winter season. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 2 June 6, 1995 WRITThN CORRESPONDENCE None BUSINESS SESSION CONSIDERATION OF REQUEST FOR FINANCIAL CONTRIBUTION TO THE PEARL HARBOR SURVIVORS ASSOCIATION Mr. Genovese, City Manager, advised that on April 18, 1995, Mr. Ken Landis gave a brief presentation and asked for financial assistance to produce a docurnentary video on the events related to the bombing of Pearl Harbor which will be used as an educational tool in the local schools. He advised that the staff report provides additional information. Council Member Sniff supported pledging financial assistance for the video, but suggested that a contribution be contingent upon sufficient funds being raised to complete the project and returned to the City if not. MOTION It was moved by Council Member Sniff/Mayor Pena to approve a financial contribution in the amount of $500 to the Pearl Harbor Survivors Association with monies to be refunded if the project is not completed within one calendar year. Council Member Perkins advised that he wouldn't support the motion for the same reason that he recently didn't support a similar financial request by the Desert Holocaust Memorial Committee. He felt that it was improper use of City funds. Motion carried with Council Member Perkins voting NO. MINIE ORDER NO.95- 107. 2. CONSIDERATION OF RESOLUTION DENYING WITHOUT PREJUDICE, THE CABLE ThLEVISION Fl?CHISE TRANSFER REQUEST Ms. Honeywell, City Attorney, advised that the City has received an extension to the Transfer Request from Colony CableVision and recommended that the matter be contmued to June 20, 1995. MOTION It was moved by Council Members Sniff/Cathicart to continue the matter of the Cable Television Franchise Transfer Request to the meeting of June 20, 1995. Motion carried unanimously. ORDER NO.95-108. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 3 June 6, 1995 3. CONSIDERATION OF APPOINTMENT OF HONEY ATKINS TO THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY BOARD. Mrs. Juhola, Administrative Services Director, advised that on May 2, 1995, the Council accepted the resignation of Myra Bohnenberger from the Riverside County Free Library Advisory Board. She advised that Honey Atkins was recommended to fill the two-year term position. MOTION It was moved by Council Members Sniff/Bangerter to appoint Honey Atkins to the Riverside County Free Library Advisory Board to fill the unexpired term of Myra Bohnenberger with the term to expire June 30, 1997. Motion carried unanimously. MINUTE ORDER NO.95-109. 4. TRANSMITTAL OF FISCAL YEAR 1995196 PRELIMINARY BUDGET FOR RE CITY OF LA QUINTA AND THE LA QUE?A FINANCING ALYIliORITY. Mr. Genovese, City Manager, advised that the Council needs to schedule a date to review the Preliminary Budget. Council concurred on scheduling a Special Session at 7:00 p.m. on June 22, 1995 to review the budget. 5. TRANSMITTAL OF TREASURER'S REPORT DATED APRIL 10,1995 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members Sniff/Cathcart to receive and file the Treasurer's Report for the City of La Quinta, dated April 30, 1995. Motion carried unanimously. MINUTE ORDER NO.95-110. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report for the La Quinta Financing Authority, dated April30, 1995. Motion carried unanimously. MINUTE ORDER NO.95-ill. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 4 June 6, 1995 6. SECOND READING OF ORDINANCE NO.265. ORDINANCE NO.265 AN ORDINANCE OF TRE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 11.72.030(0) RELATING TO OUTDOOR BURNING. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No.265 on second reading. Council Member Cathcart felt that the ordinance was over-regulatory and advised that he would vote against it. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pefia NOES: Council Member Cathcar: ABSTAIN: None ABSENT: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 6, 1995. 2. AWARD OF CONTRACT C?WIDE LANDSCAPE MAINTENANCE CONTRACT PROJECT LMC 9-96. 3. APPROVAL OF COUNTY SERVICE AREA #152 CSA-152) BUDGET FOR FISCAL YEAR 1995/%. 4. ADOITION OF RESOLUTION ACCEFIING DONATIONS TO THE LA QUINTA SENIOR CENTER. 5. APPROVAL TO UTILIZE UNUSED CAPITAL FUNDS FOR THE INS TALLATION OF WROUGHT-IRON FENCING ON THE WEST SIDE OF THE CIVIC CENTER. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended with Item No. 4 being approved by RESOLUTION NO.95- 34. Motion carried unanimously. MIN?? ORDER NO.95-112. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 5 June 6, 1995 STUDY SESSION 1. DISCUSSION OF ECONOMIC DEVELOPMENT PLAN. Mr. Herman, Community Development Director, advised that in June, 1994 a summary of City/Agency fmances were presented to Council. At that time staff outlined a strategy that involved near-term actions to meet immediate needs and long-term actions to stimulate economic development and revenue growth. Mr. Frank Spevacek, of Rosenow Spevacek Group, advised that the purpose of the Plan is to embark on a program to identify the City's market niche in the Coachella Valley and develop a strategy for proactively seeking those users to develop in the community. In the Plan, users, market demand, and available locations will be identified as well as infrastructure and revenue constraints that could impede the City's ability to accomplish its goals. He advised that community involvement is a part of the Plan, obtaining input from various community and business groups that are prime movers and shakers" in the community. He advised that the City has an opportunity to establish itself in the valley during the next ten years by capturing some of the development that's moving eastward in the valley. The Plan will assist in creating a vision for the community, interact the City's resources with that vision, and position the City to react to development proposals and proactively seek them. He advised that other communities have retained existing businesses, located regional malls, auto malls, recreational activities, and quality h6using by creating a vision and proactively seeking it. The Plan will defme the City's mission statement, vision, and goals and objectives that can be used to quantify the City's progress toward achieving those goals. Mayor Pena felt that the mission statement should communicate La Quinta's intention to have a user-friendly atmosphere such as a fast-track permitting process which can be accomplished in many ways, including delegating more responsibility to departments. He also wished to include a goal for developing incentives to draw new businesses. Council Member Bangerter felt that the Plan was a move in the right direction and wished to see it go forward. Council Member Cathcart felt that the Plan was too bureaucratic. He believed that the City already has a vision and was concerned about recreating it to develop a market niche that can change drastically in a short period of time. He suggested increasing economic development by identifying the City's current development impediments, work toward eliminating them, and create incentives for new businesses. He pointed out that The Village Specific Plan exists, but fees are too high, parking is inadequate, and there's a lack of infrastructure in the area. He felt that it was useless to identify users until existing problems are addressed. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 6 June 6, 1995 Mr. Spevacek advised that existing development problems are an integral part of the process. He advised that it's been unclear in the past what incentives were necessary to attract developments such as regional malls and auto malls and the Plan will examine zoning regulations, fees, development standards, etc. to determine if they are too pr6hibitive to facilitate development proposals. The scope of the market study will cover a five-year period, pinpointing trends in population growth and identifying commercial and recreational-type businesses that have saturated the valley versus those still available for capturing. He said that the intention is not to create a bureaucratic-process, but rather to identify and obtain the markets available to the community, address the current development impediments, and create development incentives. Council Member Cathcart felt that solving current impediments should be a major part of the Plan. Mayor Pefia believed that community involvement will help identify those impediments. He asked what the cost of the Plan would be. Mr. Spevacek advised that the total cost of the Plan would be $75,000 with $30,OOO of it being for the market demand consultant. Council Member Cathcart felt that the market demand has already been identified and was opposed to spending funds to reafftrrn the demand. Mr. Spevacek advised that the demand wouldn't be reaffirmed, but the Plan would look at the City's capacity to absorb that demand during the next five-year period. He felt that it's important to fmd out what markets are in demand and the best way to channel those markets into the City. A database will be created to enable participation in the ICSC Conference or to have as a reference for viability when projects are proposed in the City. He advised that the Plan will include information gathered through various Council discussions during the last four years regarding what's economically desired for the community. Council Member Sniff advised that he gained some insight abeut economic development planning as a Downtown Planning Advisory Committee member in 1985. He believed that an overall vision is important as well as a vision for specific areas such as the Highway 111 corridor for which no current strategic plan exists. He felt that Highway 111 and The Village are the City's primary commercial areas and significant infrastructure strategy must be developed to make them viable business areas. He believed that prohibitive costs make it difficult to promote new development in those are as and that the City needs to assist with infrastructure costs. It may be necessary to selectively seek commercial businesses because of the excess amount of commercial business in the valley and the need for readily available consumers. He didn't believe that the City is an impediment to development, but rather a business-friendly City. He advised that a vision is useless without financing feasibility for new businesses. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 7 June 6, 1995 Mayor Pefia felt that financial consultants should be included in the community involvement group. Council Member Cathcart was concerned that the study would become too involved and lengthy and suggested that community involvement be limited to one meeting. He wished to see a study done to find out why developments proposed in the past never occurred. Mr. Spevacek advised that a previously-proposed hotel failed to develop because the low- market demand for hotels made financing unfeasible. He stated that other projects could be examined to fmd out why they were dropped. Mayor Pefia suggested that developers who have developed businesses in the City during the last five years, be contacted to fmd out what problems they experienced during the process and how the City could have eliminated those problems. Council Member Cathcart referred to the loss of potential businesses in The Village, pointing out that a specific plan doesn't guarantee development. He didn't believe that market demand was the reason that those potential businesses failed to develop Council Member Sniff believed that lack of infrastructure and cost of land are the basic problems. Council Member Cathcart felt that the City should try to solve the problems that exist. Mayor Pefia pointed out that businesses that currently exist in The Village are used by local residents, but don't draw people from other communities. Mr. Spevacek advised that destination-oriented developments don't exist in The Village because conventional financing institutions won't approve loans for unique-type businesses. Council Member Sniff felt that it's imperative to receive inltial and continuing input from the community and to develop a plan to get infrastructure in place, identify means of financing, and fmd a way to draw consumers through some type of unique drawing power. Council Member Cathcart wished to see the infrastructure study be site-specific. Mayor Pefia advised that property owners along the Highway 111 corridor have expressed a willingness to develop infrastructure there through an assessment district BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 8 June 6, 1995 Council Member Bangerter advised that many of the ideas mentioned here were included in the staff report. She felt that it's important to create a basic vision with input from people in the community who have been successful and can help the City form a success story. Council Member Cathcart felt that a vision should be a minor part of the report because a narrow vision can limit your possibilities. Mr. Spevacek advised that the purpose of a vision is to defme a goal for the City so that accomplishment of that goal can be measured. Council Member Sniff felt that broad visions provide a sense of direction, but must be flexible to adjust to economic changes in the community. He felt that the Plan was good and wished for the City to move forward and begin dealing with these issues, noting that it's a very competitive field, and look to progress and solutions that are achievable within a broad vision. Mr. Spevacek advised that the Plan should be completed by December, 1995. Council Member Cathcart wished to be careful about being too specific with a vision. He advised that he dealt with four proposed developments within The Village that failed to take place during the last three years because the Village Specific Plan, that resulted from a vision, was so specific that it allowed food, but not cooking on property proposed for restaurants. In response to Council Member Sniff, Mr. Genovese, City Manager, advised that specific plans for Highway 111 and The Village would be looked at once a vision has been defmed in the Economic Development Plan. Council Member Sniff concurred with Council Member Cathcart that the Village Specific Plan has serious impediments and should be revised to be more practical. Council Member Perkins cautioned that sometimes visions are impractical and meaningless if the private sector doesn't benefit. He was concerned that there's a lack of consumers to support three major grocery markets in the City, noting that those developments resulted from a vision. He believed that a vision must be practical, both commercially and economically. He felt that the Plan must defme what the City can do from a practical standpoint and not be limiting. Council Member Sniff felt that major commercial ventures develop in anticipation of future business as well as current profits. He advised that businesses choose to take the risk and the City's responsibility is to facilitate them, but not legislate their choice. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 9 June 6, 1995 2. INThRVIEW OF APPLICANTS FOR ART IN PUBLIC PLACES COMMIT?E, CULTURAL AFFAIIIS COMMISSION, HUMAN SERVICES COMMISSION, INVESTMENT ADVISORY BOARD, PARKS & RECREATION COMMISSION, PLANNING COMMISSION, AND VOLUNTEER ADVISORY BOARD AND C6NSIDERATION O? APPOINTMENTS. Mrs. Juhola, Administrative Services Director, advised Council that Robert Frame would not be available for interview for the Investment Advisory Board, but was still interested in the position and Bruce Pelletier had withdrawn his application to the Human Services Commission leaving only two applicants and three vacancies. ART IN PUBLIC PLACES COMMfrThE Council proceeded to interview the following applicants for the Art in Public Places Comittee: Susan Benay Elaine Reynolds Michelle Klein Rosita Shamis Mayor Pen a voted for Michelle Klein, Elaine Reynolds, and Rosita Shamis Council Member Bangerter voted for Michelle Klein, Elaine Reynolds, and Rosita Shamis Council Member Cathcart voted for Susan Benay, Michelle Klein, and Elaine Reynolds Council Member Perkins voted for Michelle Klein, Elaine Reynolds, and Rosita Shamis Council Member Sniff voted for Michelle Klein, Elaine Reynolds, and Rosita Shamis MOTION It was moved by Council Members Sniff/Perkins that Sharon Kennedy be appointed to the Art in Public Places Committee as the La Quinta Arts Foundation's representative to replace Kay Wolff and that Michelle Klein, Elaine Reynolds, and Rosita Shamis be appointed to two-year, at-large positions on the Art in Public Places Committee effective July 1, 1995. Motion carried unanimously MINU.:IE ORDER NO.95-113. CULTAAAL AFFAIRS COMMISSION Council proceeded to interview the following applicants for the Cultural Affarrs Commission: Honey Atkins Martin Langer Susan Benay Archie Sharp Steve Berliner Note: Martin Langer was not present BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 10 June 6, 1995 Mayor Pefia voted for Honey Atkins, Susan Benay, and Steve Berliner Council Meniber Bangerter voted for Honey Atkins, Steve Berliner, and Martin Langer Council Member Cathcart voted for Honey Atkins, Susan Benay, and Martin laanger Council Member Perkins voted for Susan Benay, Steve Berliner, and Martin Langer Council Member Sniff voted for Honey Atkins, Susan Benay, and Steve Berliner MOTION It was moved by Council Members SniffiCatlicart to appoint Honey Atkins, Susan Benay, and Steve Berliner to the Cultural Affairs Commission for three-year terms effective July 1, 1995. Motion carried unanimously MIN'UTE ORDER NO.95-114. HUMAN SERVICES COMMISSION The following individuals re-applied for the Human SeMces Connilion.' Norris Bernard Kay Wolff MOTION It was moved by Council Members Perkins/Bangerter to appoint Norris Bernard and Kay Wolff to the Huinan Services Commission for three-year terms effective July 1, 1995. Motion carried unanimously. MIN'UTE ORDER NO.95-115. INv]?TMENT ADVISORY BOARD Council proceeded to interview the following applicants for the Invesi?ent Advisory Board: Robert Frame lee Osborne Joseph Irwin Ernest Rodriquez Thomas Lewis Dale Walter Geoffrey Mott Note: Robert Frame and Geoffrey Mott were not present. Council directed staff to prepare an amendment to the Municipal Code expanding the Investment Advisory Board to seven members and continued consideration of appointments until the next meeting when first reading of the ordinance is taken up and that the two applicants who couldn't be present for interviews be interviewed at that time. Mayor Pefia advised that the Council would complete the interviews for the Parks & Recreation, Planning Commission, and Volunteer Advisory Board at 7:00 p.m. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 11 June 6, 1995 MAYOR AND COUNCIL MEMBERS' IThMS 1. Council Member Perkins expressed appreciation for the gracious response received from Stradling, Yocca, Carison & Roth regarding the change in attorneys. 2. Council Member Perkins felt that the City's development standards need better definition to prevent developers from making independent changes such as those in the Cactus Flower development. 3. Council Member Perkins advised that he has observed the traffic along Fred Waring Drive near the Adams Street intersection and although the site visibility is good, the speed of traffic is difficult to judge because of the dowriiill grade. He wished to see the matter referred back immediately to the Traffic Engineer to pursue the installation of traffic signals as soon as possible. Mayor Pens suggested the placement of a speed monitor along Fred Waring Drive to indicate vehicle speed to travelling motorists. 4. Council Member Perkins requested that longer mics be obtained for the dais. 5. Council Member Perkins advised that CVAG Committee members receive a per diem payment for attending six meetings per year with a maximum of ten meetings being held. He suggested that Council select a new appointee for the Traffic Committee, as he won't be attending any flirther meetings without receiving a per diem because of the extensive amount of time the meetings and research require. Mayor Pef?a advised that he would make a recommendation to CVAG's Executive Cornmittee that the policy be reconsidered. Council recessed until the hour of 7:00 p.m. 7:00 P.M. Note: Council Member Perkins was absent for the duration of the 7:00 p.m. meeting. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 12 June 6, 1995 STUDY SESSION.... continued 2. INTERVIEWS FOR PARKS & RECREATION COMMISSION, PLANNING COMMISSION, AND VOLUNTEER ADVISORY BOARD..................continued PARKS & RECREATION COMMISSION Council proceeded to interview the following applicants for the Parks & Recreation Connnission Norris Beraard Carl Ingram Dawn Brenneis Iyal Stinebaugh Mike Davis Note: Mike Davis was not present. Mayor Pefla voted for Dawn Brenneis, Mike Davis, and Carl Ingram Council Member Bangerter voted for Dawn Brenneis, Mike Davis, and Carl Ingram Council Member Cathcart voted for Dawn Brenneis, Mike Davis, and Carl Ingram Council Member Perkins was absent. Council Member Sniff voted for Norris Bernard, Dawn Brenneis, and Carl Ingram MOTION It was moved by Council Members SnifflCathcart to appoint for three-year terms on the Parks & Recreation Commission Dawn Brenneis, Mike Davis, and Carl Ingram effective July 1, 1995. Motion carried with Council Member Perkins ABSENT. MINUTE ORDER NO 95-116. PLANNING COMMISSION Council proceeded to interview the following applicants for the Planning Commission: Don Adolph Dan Baxicy Robert Tyler Robert Tyler withdrew liis application and urged the re-appointment of Don Adolph.) Mayor Pefia voted for Don Adolph Council Member Bangerter voted for Don Adolph Council Member Cathcrrt voted for Dan Baxley Council Member Perkins was absent. Council Member Sniff voted for Don Adolph BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 13 June 6, 1995 MOTION It was moved by Council Members Sniff/Bangerter that Don Adolph be appomted to a three-year term on the Planning Commission effective July 1, 1995. Motion carried with Council Member Perkins ABSENT MINUTE ORDER NO.95- 117 HUMAN SERVICES COMMISSION..................contmued Council Member Sniff suggested that the Council consider Mr. Robert Tyler for the vacancy on the Human Services Commission. MOTION It was moved by Council Members Bangerter/Cadicart that Robert Tyler be appomted to the Human Services Commission for a three-year term effective July 1, 1995. Motion carried with Council Member Perkins ABSENT. MINUTE ORDER NO.95-118. VOLUNTEER ADVISORY BOARD The following individual applied for the Volunteer Advisory Board: Norris Bernard MOTION It was moved by Council Members Sniff/Bangerter that Norris Bernard be appointed to the Volunteer Advisory Board for a three-year term effective immediately. Motion carried with Council Member Perkins ABSENT. MINUTE ORDER NO.95- 119. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 14 June 6, 1995 DEPARTMENT REPORTS B-i. RECOMMENDATION ON UPDATE OF ADULT ENTERTAJNENT ORDINANCE. Ms. Honeywell, City Attorney, recommended that, in light of case law during the past couple of years, the City's Adult Entertainment Ordinance he updated. She suggested that the matter he discussed at a Study Session on either June 20, 1995 or July 5, 1995. Ms. Karen Holgate, 45-865 Pawnee, Indian Wells, Executive Director for HOPE, advised that property for a proposed adult book store is currendy in escrow and she understood that the La Quinta site was selected hecause the City's Adult Entertainment Ordinance is less restrictive than other local cities. She asked if the recommended changes to the ordinance will he commensurate with other local cities as well as County and State ordinances. Mayor Pefia advised that the Council wishes the City's ordinance to he as strict as the law will allow. He pointed out that the City can regulate such facilities, but can't prohibit them. Ms. Holgate asked if operation hours would he addressed in the ordinance. Ms. Honeywell advised that her recommendation will he to have standard regulations for all such businesses, possibly including operation hours, as opposed to a conditional use permit format. Ms. Holgate advised that some communities have included the banning of nudity within their ordinances while others have chosen to regulate it through interior design regulations. She advised that liquor licenses aren't allowed when businesses allow total nudity. Ms. Honeywell felt more comfortable with addressing the nudity-ban issue under a separate ordinance. She advised that existing uses are usuauy grandfathered-in. Ms. Terry Henderson, 54-711 Eisenhower Drive, suggested that perhaps the Village Specific Plan should he adopted for the Highway 111 area since it's so restrictive and might he stronger than any adult entertainment ordinance. Ms. Connie Baty, 78-900 Sonesta Way, advised that a newly-formed citizens group called Citizens for a Quality Community are watching this issue very closely and will not accept anything less than what the neighboring cities have done. She felt that it's important to address this matter quickly and asked if the ordinance could he adopted as an urgency ordinance. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 15 June 6, 1995 Ms. Honeywell advised that the Council would discuss the ordinance at the Study Session. After the Planning Commission reviews it the Council can adopt it as an urgency ordinance if they wish. Ms. Laurie Shields, 44-185 Sonesta Way, advised that she went from business to business gathering signatures and found that they are very concerned. Ms. Lee Merriman, 51-345 Avenida Rubjo, was concerned about the growth of such establishments once allowed in a City and the reduction in property values caused by them. She supported the adoption of a stricter ordinance. In response to an unidentified speaker, Mayor Pena advised that staff is currently investigating a proposed adult book store. The proposed location could possibly be within 1,000 feet of the high school and if so, would be prohibited. 2. REVIEW OF CONDITIONS AT THE INThRSECTION OU FRED WARING DRIVE AND ADAMS STREET. Mr. Cosper, Public Works Director, advised that staff completed a preliminary safety investigation of the Fred Waring Drive and Adams Street intersection as directed by Council on May 16, 1995 as a result of a fatal traffic accident at that location, however, the traffic accident is still under investigation by the Sheriff's Office, so staff, 5 investigation has to remain preliminary at this point. He advised that a traffic signal wouldn't have had any effect on the majority of the seven accidents which occurred at that intersection from January 1, 1993 through June 4, 1995 as they were caused by vehicles drifting into the curb area, a blown tire, driver inattention resulting in rear-end collision, or failure to yield right?of-way. As a result of investigating the site distance, it was determined that a vertical?urve rise exists to the west of Adams Street on Fred Waring Drive, but a vehicle would have to be travelling at a speed of 85 mph during daylight hours to hit a vehicle pulling out from Adams Street without being seen. During the night-time hours, the calculation would change and result in a vehicle speed of 75 mph. This calculation was determined by using criteria as defmed in the Highway Design Manual. He advised that the posted speed limit on Frel Waring is 45 mph with a design speed of 55-60 mph and based upon their investigation, staff feels that the current physical configuration allows for proper site distance in both directions. He advised that a 48-inch stop sign has been installed, a STOP AHEAD pavement legend has been added and. STOP pavement legends were repainted for northbound traffic on Adams Street. The Highway Design Manual requires that certain traffic studies be completed before a traffic signal can be considered. Traffic counts were taken at that intersection on October 4, 1994 and May 26, 1995 and resulted in insufficient counts to meet the 11 BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 16 June 6, 1995 warrants. Some of those warrants are expected to be met in the near fliture and it's advisable for at least one warrant to be met prior to installation of a traffic signal. However, further studies are advisable because unwarranted traffic signals can lead to traffic delays on minor streets, sometimes resulting in drivers ignoring the traffic signal alt6gether and still causing accidents. He felt that once the bridge is completed on Fred Waring Drive and the traffic signal is installed at Fred Waring and Jefferson Street, additional warrants might be triggered to support a traffic signal at Adams Street. He felt that it's certain that sufficient warrants will be met following the completion of Adams Street between Westward Ho and Miles Avenue and once Adams is opened up to Highway 111. Staff recommended that the intersection continue to be monitored and a traffic signal designed that could be installed within 45 days once sufficient warrants are met. He also recommended that a traffic signal at Adams Street and Miles Avenue be designed in conjunction with the Adams Street and Fred Waring Drive signal. Council Member Cathcart felt that the crossing lines for traffic stopped northbound on Adams Street were setback too far, making it difficult for drivers to see eastbound oncoming traffic. Mr. Cosper advised that the limit lines are designed to stop traffic at a safe distance from the cross street before the driver proceeds up to and through the intersection, but staff will check to see if those lines can be pushed forward some. Council Member Cathcart asked if the 7-second criteria would apply to such a wide intersection to which Mr. Cosper responded yes. In response to Council Member Cathcart, Mr. Cosper advised that a Cross Traffic Ahead" sign would be inexpensive and could be installed along Fred Waring Drive near the approach to Adams Street, but would have to be removed when a traffic signal is installed. Mayor Pena suggested the use of flashing beacons to caution drivers about the upcoming intersection as well as arranging a loan from the City of Indio of their speed indicator so drivers are aware of their speed. Mr. Cosper advised that Sheriff patrols have been increased along that area and a speed survey is already scheduled. Ms. Barbara Irwin, 44-065 Camino La Cresta, advised that another traffic accident occurred at that intersection on June 4th which involved five children. She pointed out that the accident occurred in spite of staffs recent traffic control improvements and although the intersection may be well-engineered, the traffic accidents continue to BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 17 June 6, 1995 happen. She urged Council to approve a traffic signal at that intersection before someone else is killed. Ms. Kathy Sadri, 44-125 Ocotillo Drive, felt that a traffic signal should be installed at that intersection if there's any chance at all that it would prevent a future accident even if it doesn't meet the warrants. She pointed out that the surrounding area is growing and she has great difficulty making a safe entrance from Adams Street onto Fred Waring Drive heading west. She understood that funds are available for a signal and urged the Council authorize staff to design the signal so that it can be installed as soon as possible. She advised that many residents won't deal with that intersection, avoiding it by turning right. In response to Council Member Cathcart, Mr. Cosper advised that the traffic counts were within 5-1O? on the four closest warrants. Council Member Bangerter asked if it's possible that those counts will advance sufficiently when older students begin attending the high school. Mr. Cosper advised that it's possible, but felt that the greatest impact will be when the improvements on Adams Street are completed. Council Member Sniff felt that design should move forward on the traffic signal since the warrants should be met relatively soon. He believed that residents in the area have a legitimate concern. Council concurred. In response to Council Member Bangerter, Mr. Cosper advised that staff would install flashing beacons. PUBLIC HEARINGS Mayor Pef?a advised that Items No.5 and 6 on the Public Hearing Agenda would be heard prior to Items No.1-4. 6. CONSIDERATION OF FEE INCREASE FOR WASTE COLLECTION, LANDFILL DISPOSAL, LANDFILL CLOSURE, AND AB 939 COMPLIANCE TO BE PLACED ON THE CITY TAX ROLLS. Mr. Herman, Community Development Director, advised that Waste Management of the Desert has requested an increase of 75% for waste collection services, the current BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 18 June 6, 1995 $38.50 per ton pass-through for County landfill disposal and landfill closure costs, and an increase of.05 cents per household from 29 cents per month to 34 cents per month for the AB 939 Compliance Fee The annual assessment for each parcel will he $116.64 or $9.72 monthly. The AB 939 Compliance proposal will generate approximately $110,000 in annual revenues leaving a shortfall of $32,000 which will he paid from the General Fund. Proposed programs to he implemented are telephone book recycling, Christmas tree recycling, ordinance modifications, local workshops with businesses, bin replacement, etc. He advised that Council could approve the proposed rates or modify them, but the annual assessment cannot be more than $125.44 as advertised in the public hearing notice. In response to Mayor Pena, Mr. Herman advised that the monthly rate increased by $0.10. The Mayor declared the PUBLIC HEARING OPEN. Patty Sommerville, General Manager, Waste Management of the Desert, advised that she was present to answer any questions. Mayor Pena no?ed that the City's contract with Waste Management will he expiring next year and suggested that talks begin soon regarding that renewal process. He suggested discussion regarding variable can rates, automated collection and increased recycling. Ms. Sommerville advised that she has written to the City Manager to hegin those talks. Council Member Sniff questioned some of the details related to variable pricing and referred to the possibility of a tnansfer station with a MRF capability and asked if the contract will have to he amended to commit the waste stream to this process and Ms. Sommerville advised that that will have to be looked at. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.95-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALifORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHANGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED REFUSE COLLECTION FOR 1995-96 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS. It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-35 as submitted. Motion carried with Council Member Perkins ABSENT. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 19 June 6, 1995 5. APPEAL OF PLANNING COMMISSION APPROVAL OF PLOT PLAN 95-552 FOR A SALES CENTER WITH MODEL COMPLEX ON THE WEST SIDE OF PGA BOULEVARD, IMMEDIATELY SOUTH OF THE TENNIS COMPLEX AND EIGHT NEW PRODUCTION UNITS FOR USE IN PGA WEST. APPELLANT: BOB SARDELLA; APPLICANT: KSL RECREATION CORPORATION. Mr. Herman, Community Development Director, advised that Mr. Sardella has filed an appeal of the Planning Commission's action to allow a sales center and model complex with a total of nine units with one to be utilized as a sales center. Access would come off of a private street PGA Boulevard into a centralized parking lot. The proposed units are one store, spanish mediterranean architecture ranging in size from 2,065 sq. ft. to 4,542 sq. ft. The units comply with the compatibility Ordinance No.242, which pertains to partially constructed projects. The appellant believes that the project violates the CC&R's and has submitted documents which he feels supports his appeal. In his appeal, he also talks about temporary structures within PGA which have previously received approval. Mr. Herman noted that the applicant has requested a modification to Condition No.15, as submitted to Council, which the Fire Marshall has concurred with. Also, a letter has been received from The Monarch Group stating that the PGA Homeowner's Association and KSL have reached an agreement as it relates to the models resulting in five additional conditions to the approval if the Council desifes. The Mayor declared the PUBLIC HEARING OPEN. Bob Sardella, 57-646 Interlachen, appellant, believed that the application is invalid because the signatory is not that of the owner and he has been advised by City Staff that the signatory did not have written authorization to execute the application. Additionally, the application states that the owner is KSL Recreation Corp., while the public hearing notice states that the applicant is KSL PGA West Corp. He then related the ownership of various parcels as obtained from a title company. He felt that a major concern of his is identifying who it is they are dealing with and who is resp6nsible for the development, construction and maintenance of the land and who is responsible for paying their fair share to the homeowner's associations, and felt that it should be equally important for the City to know who they're dealing with. He felt that the application needs to be re- submitted under a proper signature and by a proper applicant and should be in conformity with the currently approved PGA West Community Plan, as well as maintaining the integrity of the development as a gated community. He added that he has found no provisions to grant an extension of time for the removal of temporary structures and no provisions to allow more than one unit per lot without a surety hond being posted. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 20 June 6, 1995 Chevis Hosea, 56-150 PGA Blvd., Director of Real Estate for KSL Recreation Corp., advised that the proposed development actually upgrades the product at PGA West, takes the sales and model home function of selling new homes at PGA West, and places it along PGA Blvd., out of the residential neighborhoods, which would normally be an imposition to the residential neighborhoods. Regarding the ownership issue, they have 27 entities involved in this company across the country with several of them being here in La Quinta. The have subsequently submitted to the Community Development Department, the proper ownership records and apologized for any inconvenience. However, regardless of ownership, the issue before the Council is whether or not this project is compatible and they believe it is. He added that they have no problem with the requested conditions in the letter from The Monarch Group. He advised that there will be a request to convert the sales center plot plan application into a residential neighborhood at some point in the future and it is at that time, the residential restrictions would be imposed and, therefore, hoped to avoid any additional conditions at this time. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that the owner of record can give permission to KSL Recreation, but it should be on file with the City in writing. John Sayre, Vice President and Corporate Officer of all of the entities of KSL Recreation, proceeded to give authorization for KSL Recreation and its affiliates to be the applicant for this submission. Mayor Pena referred to Mr. Sardella's concern about the homeowners knowing who is the owner of record to enforce the CC &R' 5 and Mr. Sayre advised that the appropriate entity will take the position of recognizing the CC&R requirements that these units would fall under. Council Member Sniff asked if Mr. Sayre is empowered to give verbal authorization and Ms. Honeywell advised that they should follow-up such authorization in writing. A' Newkirk, 55-111 Firestone, felt that KSL has a lot of foresight and they are committing a large investment to PGA West and he offered them the best of success. Paul Chasey, President of PGA West Homeowners Assoc., said that they feel the proposed products are compatible with what's existing and the scheme of araanging them around the bye hole" is appropriate. Also, it keeps access to the sales center direct from PGA Blvd. They do have some conditions they wished to see enforced when these model units are ultimately sold as residences. Bob Sardella, advised that Landmark owns a piece of property right in the middle of this project and KSL can't give a waiver for something they don't own. The most significant thing that has happened is that if they will go on record as standing 100% behind what BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 21 June 6, 1995 is approved, then there is no problem. But in the meantime, there is the problem of laandmark owning this piece in the middle. Chevis Hosea advised that if records show that Landmark still owns a piece of property there, then that's in error and will be straightened out. Irwin Golds, advised that the preliminary title report shows KSL Recreation as the owner, not Landmark. JIni Saul, President of Residential Association No.2, echoed the comments of Paul Chasey and called the Council's attention to the letter submitted by the three homeowners associations which memorializes the agreements as they understand them that have been entered into between KSL and the homeowners associations. They support what KSL is doing at PGA West, but they expect them to be governed by the same rules and regulations as the rest of the homeowners are. Council called a brief recess for the City Attorney to review the conditions requested by The Monarch Group. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION It was moved by Council Members Sniff/Cathcart to deny the appeal of Bob Sardella and uphold the action of the Planning Commission approving Plot Plan 95-552 with the following modification of conditions: Upon sale of these models for use as single-family residences for use by third-party purchasers, KSL will: 1. a) Complete the perimeter wall in front of the model complex; b) Eliminate the entrance off PGA Boulevard; c) Refurbish the PGA Boulevard median to its original condition; d) Tie the street adjacent to the models into Cedar Crest, an existing street; e) Armex homes and appropriate common areas into PGA West II Residential Association. 2. Modification of Condition No.15 Paved road suitable for Fire Deparrment access shall be provided within 150-feet of each building. Fire Departrnent access roads in excess of 150-feet shall be equipped with a turn-around. All fife apparatus access roads shall be an unobstructed width of not less than 12 feet. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 22 June 6, 1995 3. That KSL submit an authorization letter with the appropriate documentation as to the owner of the property. Motion carried with Council Member Perkins ABSENT. MINUTE ORDER NO.95- 120. SPECIFIC PLAN 9?025, GENERAL PLAN AMENDMENT 9?O47, CHANGE OF ZONE 9?077 FOR THE GREEN CONSISTING OF 277 HOME SITES ON 331 ACRES LOCATED IN SECTION 29, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SBBM, EAST OF JEFFERSON STREET EXTENSION SOUTh OF AVENUE 58. APPLICANT: WINCHESTER DEVELOPMENT COMPANY. la. CERTIFICATION OF THE FINAL EIR AS ADEQUATE AND COMPLETE, RECOGNIZING OVERRIDING CONSIDE?ONS TO CERTAIN ADVERSE IMPACTS AND RECOGNIZING SIGNIFICANT, BUT MITIGATIBLE ENVIRONMENTAL EFFECTS DUE TO PROJECT IMPLEMENTATION. lb. GENERAL PLAN AMENDMENT 9?O47 FROM OPEN SPACE TO VERY- LOW-DENSITY, LOW-DENSITY RESIDENTIAL, MEDIUM DENSITY, AND OPEN SPACE. ic. CHANGE OF ZONE 9?077 FROM HILLSIDE CONSERVATION TO SINGLE-FAMILY R-1), MULTI-FAMILY R-2), AND HILLSIDE CONSERVATION. id. SPECIFIC PLAN 9?025 FOR A PROPOSED RESIDENTIAL DEVELOPMENT CONSISTING OF 277 HOMESITES ON APPROXIMATELY 331 ACRES. MOTION It was moved by Council Members Bangerter/Sniff to take the matters pertaining to The Green from the table. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO.95-121. Mr. Herman, Community Development Director, advised that the proposed project consists of 277 homesites on 331 acres in Section 29, east of Jefferson extension and south of 58th Avenue. The project has not changed from the Council's previous consideration. However, he advised that a new configuration of the Boo Hoff Trail has been submitted which he proceeded to present and recommended that the applicant be afforded the opportunity to consider the revised option as a mitigation in the EIR and as a condition of approval to be agreed upon by both the applicant and the Community Development Department. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 23 June 6, 1995 The Mayor noted that the public hearing was previously closed, but public testimony was accepted, but would not be made a part of the public hearing testimony for this matter. Hal Summers, 52-050 Madero, presented a map to clarify the new configuration of the Boo Hoff Trail to bring it into the mountains and keep it away from traffic on Jefferson Street, if it can be worked out with the developer and the Bureau of Land Management and other entities involved. Joan Taylor, 1800 South Sunrise Way, Palm Springs, representing the Sierra Club, believed that there is a need for mitigation for the bighorn habitat and provision of optimum trails access. Bill HiI'Inan, President of Desert Riders and C.V. Trails Council, advised that their concern was with the trail running alongside the roadway and if it can get away from the street, it will eliminate maintenance problems for the City and would also eliminate the safety factor. He added that the Trails Council will maintain the trail. Craig Bryant, Applicant, suggested that the configuration of the trail be left to the developer and the people concerned. He also asked that Condition No.6 be amended to require the City to notify him 30 days prior to the expiration; that Condition No.88 be amended to include unless future ordinances passed by the City make this condition unnecessary, also, said open space shall include provisions for necessary public utility facilities Council concurred on not making the requested modifications. RESOLUTION NO.95-36 A RESOLUTION OF THE CITY COUNCIL OF THE crrv OF LA QUINTA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 9?O25 AS BEING ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSmE?ONS TO CERTAIN ADVERSE IMPACTS; AND RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MrrIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED, INCLUDING THE ALTERNATIVE ROUTE TO THE BOO HOFF TRAIL AS DESCRIBED BY THE COMMUNITY DEVELOPMENT DIRECTOR. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-36 as amended including the alternative route to the Boo Hoff Trail as stated by the Community Development Director. Motion carried with Council Member Perkins ABSENT BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 24 June 6, 1995 MOTION It was moved by Council Members Sniff/Bangerter to support the approval of this section of the composite General Plan Resolution noted as Item No.4 GPA 94- 047). Motion carried with Council Member Perkins ABSENT. MINUTE ORDER NO. 95-122. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No.266 by title and number only and waive further reading. Motion carried with Council Member Perkins ABSENT. ORDINANCE NO.266 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY WITHIN THE CITY AS DESCRIBED IN CHANGE OF ZONE CASE NO.94-077. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No.266 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Cathcart, Sniff, Mayor Pei?a NOES: None ABSENT: Council Member Perkins ABSTAIN: None RESOLUTION NO.95-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 94?25. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-37 as amended with a modified condition that the developer shall submit to the Community Development Department, a detailed construction plan for an equestrian trail accommodation into the project. The plan shall include access, signage, and detailed design. The plan shall be approved prior to approval of any Tentative Tract Map. The trail may be located in the mountainous area or along Jefferson Street. Motion carried with Council Member Perkins ABSENT. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 25 June 6, 1995 2. SPECIFIC PLAN 94-026, GENERAL PLAN AMENDMENT 95-049, FOR THE TRAVERTINE CONSISTING OF 2,300 RESIDENTIAL UNITS, TWO GOLF COURSES, RESORT HOTEL AND COMMERCIAL DEVELOPMENT ON 909i ACRES LOCATED IN SECTION 3, 4, 5, AND 33 OF TOWNSHIP 5 AND 6, RANGE 7 EAST SBBM. APPLICANT: TRAVERTINE CORPORATION. 2a. CERTIFICATION OF THE FINAL EIR AS ADEQUATE AND COMPLETE, RECOGNIZING OVERRIDING CONSIDE?ONS TO CERTAIN ADVERSE IMPACTS AND RECOGNIZING SIGNIFICANT, BUT MITIGATIBLE ENVIRONMENTAL EFFECTS DUE TO PROJECT IMPLEMENTATION. 2b. GENERAL PLAN AMENDMENT 94-059 FROM LOW-DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, LOW-DENSITY RESIDENTIAL, TOURIST COMMERCIAL GOLF COURSE OPEN SPACE. 2c. SPECIFIC PLAN 94-025 FOR A PROPOSED RESIDENTIAL DEVELOPMENT CONSISTING OF 2,300 HOMESITES, TWO GOLF COURSES, RESORT HOThL AND COMMERCIAL DEVELOPMENT ON APPROXIMATELY 909 ACRES. Mr. Herman, Community Development Director, advised that the proposed project consists of 2,300 residential units, two golf courses, a resort hotel and a commercial development on 909 acres located in Sections 3,4,5 and 33 of Township 5 and 6, Range 7 East. The staff report contains a summary of issues left unresolved as the previous meeting on this matter. These issues concern the trails, bighorn sheep and the schools. This evening, the Council received a revised issue relating to the trails and the developer's consultant recommends that if a trail easement is recommended by the Planning Commission, this trail easement may meander within the 300-foot setback in order to maximize its aesthetic value. Regarding the bighorn sheep, the solution is to implement the mitigation measures recommended in the fmal EIR. Relative to the issue concerning the schools, the property owners have agreed to continue negotiations in an attempt to substantiate an adequate and fair mitigation measure. Subsequently, the City has received faxes from the attorney for the school district and from the applicant which essentially states that Travertine has offered $2.72 per square fQot of assessable space for the residential portions uf the project to be paid at the time of building permit issuance. Whereas, the school district is proposing an assessment of $6.75 per square foot within a five-category range with caps of $3,325 to $9,000. In addition, the school district is requesting a two-week continuance to allow the district and Travertine to continue discussions regarding the school mitigation. Travertine does not support a continuance. The fmal issue relates to Condition No.104 re: arterial streets in which Council has received the verbiage for such. Mayor Pena questioned what the school impact fee is district-wide. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 26 June 6, 1995 Arto Nuutinen, attorney for Coachella Valley Unified School District advised that the requested impact fee is for this project only and is not a district-wide fee. He advised that they are requesting a continuance to continue discussions with the developers. Mayor Pena asked the City Attorney if the project can be approved subject to the developer meeting the law in place at the time building permits are pulled and Ms. Honeywell advised that is the Council's prerogative. She advised that in accordance with State Law, it's up to the Council to decide if, in making this legislative decision to approve the zoning and specific plan and to be in conformity with the General Plan, and based on the evidence, the Council has to decide whether they think the school's impacts are being sufficiently mitigated or not, whether it's based on the State's-mandated amount or if it requires more that's the Council to decide. Craig Bryant, Applicant, advised that they have met with the Fish and Game people since the last Council meeting in which the Fish and Game Department was asked to modify its view of its demand for copious amounts of additional property for bighorn sheep. This request came after it was revealed that there currenfly exists, over 300 sq. miles for 130 bighorn sheep; the Fish and Game is not completely sure of the amount of land available for bighorn sheep; and the Fish and Game is aware of the land exchange. He noted that 160 additional acres in the Martinez Slide area has been dedicated as a buffer area for the sheep and the developer of Travertine has agreed to offer additional buffer area for the sheep even though he was never required to do so when the land exchange was made. Regarding the school district impact fees, a meeting with school officials was held with school officials. He proceeded to review the impact he would expect to be made by this project upon the school. He stated that the $2.72 per square foot provides reasonable mitigation. In conversations with Travertine 5 attorney, the school district agreed to this offer in light of the fact that $2.72 is within 2% of what the District wanted in their letter of June 5, 1995. This represents a 60% increase of what is required by State law and in the eyes of CEQA, is reasonable. Mr. Bryant then reviewed the following requested modifications: Condition No.7 Increase the approval from 4 years to 10 years in light of the magnitude of the project) Mayor Pena felt that a ten-year approval would be more appropriate in connection with a Development Agreement than on a Specific Plan. Condition No.22- That the minimum dwelling unit size be reduced to 1,400 sq. ft. for detached units. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 27 June 6, 1995 Mr. Herman advised that 1,400 sq. ft. is the minimum for both detached units and condominiums. Affordable units are allowed a smaller square footage. Condition No.26 Second sentence to read This setback shall consist of a naturalized trail corridor along the tow of the slope for hliing and equestrian use, which shall be. within a 200' corridor. Mr. Bryant felt that in light of the excessive mitigation that has already been given to the Fish and Game Department that the open space setback be reduced from 300' to 200' and that within that setback, that the boo hoff trail could be so aligned. Condition No.35 Reduce the 300' to 200'. Condition No.102 Suggested the same language as in The Green and suggested that a detailed construction plan" be changed to a detailed conceptual plan". Condition No.101 Asked that the school mitigation fee be established at $2.72 per square foot. In response to Mayor Pena, Ms. Honeywell advised that it's within the Council's discretion to decide what should be required in the way of a school impact fee, but they can elect to give up that right and require whatever the State requires at the time of pulling building permits the Council could either require an impact fee as required by the State at the time of pulling building permits, the Council just needs to fee comfortable that they are adequately addressing the school's impact. She pointed out that the school district need not agree to the impact fee decided upon. Arto Nuntinen, advised that ordinarily, they would request that the condition imposed on new developments be such that it would require the developer to enter into an agreement with the school district rather than coming up with an amount before they've had an opportunity to evaluate whether or not it's acceptable. He then referred to a letter from the him dated June 2nd in which the impacts are broken down. Mayor Pena advised felt that there's an issue of fairness, in that the same fee should be imposed district-wide and not just units located in La Quinta. The Mayor declared the PUBLIC HEARING OPEN. Joan Taylor, 1800 South Sunrise Way, Palm Springs, representing the Sierra Club proceeded to relate what transpired when the land exchange took place. Her understanding was that it was a value to value" exchange. Furdier, she understood that the 160 acres in the Martinez Slide area was deducted from the exchange value. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 28 June 6, 1995 There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Regarding the school impact fee, Mayor Pena contmued to feel that it's a matter of fairness in that developments in the entire district should be paying the same impact fee. Council Member Cathcart concurred and felt that the school district has not taken into account the low impact that this development should have. It should have a lower impact per household than in households in other parts of the district. Council concurred on accepting the offer of the developer of paying $2.72 per square foot with a cap of $6,000 per unit or the State required fee, whichever is greater. In response to Council Member Sniff, Mr. Herman advised that the district is charging $1.72 in other parts of the City to which Council Member Sniff felt that should be some consistency and felt that the offer of $2.72 might be a dangerous precedent and doesn't appear to be fair. Council Member Cathcart commented that the developer is probably aware of the precarious nature of the school district and their current problems, so they have offered, in a good gesture, to overly mitigate. RESOLUTION NO.95-38 A RESOLUTION OF THE CITY COUNCIL dF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 9?O26 AS BEING ADEQUATE AND COMPLETh; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-38 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. MOTION It was moved by Council Members Sniff/Bangerter to support the approval of this section of the composite General Plan Resolution GPA 95-049). Motion carried unanimously with Council Member Perkins ABSENT. MIUTE ORDER NO.95-123. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 29 June 6, 1995 RESOLUTION NO.95-39 A RESOLUTION OF THE C? COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 94-026 It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-39 with the following modifications: Condition No.26 changing buffer" to set-back" and changing that setback to 100- feet natural and 200-feet wide golf corridor. Condition No.35 changing 300-feet" to 200-feet." Condition No.101 The greater of the State required amount or the City's amount of $2.72 per sq. ft. for school impact fees with a cap of $6,000 per unit. Condition No.104 addition of new c6ndition re: access) Condition No.102 re: Boo Hoff Trail to read the same The Green, but changing the words construction plan" to conceptual plan." Motion carried unanimously with Council Member Perkins ABSENT. 3. CONSIDERATION OF GENERAL PLAN AMENDMENT 95-048- AMENDMENT TO REALIGN JEFFERSON STREET SOUTH OF AVENUE 58. 3a. CERTIFICATION OF THE MITIGAThD NEGATIVE DECLARATION. 3b. GENERAL PLAN AMENDMENT 95-048 RECONF?(;URATION OF STREET ALIGNMENT. Mr. Speer, Engineering Supervisor, presented an historical perspective regarding the realignment of Jefferson Street advising that it became an issue in 1993 during the development of The Quarry. During the development entitlement process for that project, landowners in the vicinity raised questions regarding the fliture improvement of Jefferson Street. Therefore, The Quarry developers were conditioned to perform and pay for an alignment study. That study was completed by The Keith Companies in conjunction with public meetings attended by the landowners. He noted that mitigation measures are proposed that will mitigate any potential significant adverse impacts to a level that is less than significant. Therefore, a mitigated Negative Declaration of environmental impact has been prepared for certification. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 30 June 6, 1995 The proposed alignment has been processed through the Planning Commission and they have recommended approval. Mr. Speer then proceeded to review the proposed alignment which attempts to balance constructability with the interests of affected property owners, public agencies, and the wilderness/wildlife proponents. The only outstanding issue known at this point is obtaining BLM's consent. However, BLM will not comment on the alignment, or consider providing the needed right of way until the City submits an application for the right of way along with an environmental study prepared pursuant to the National Environmental Protection Act, which the City is not prepared to do at this time. However, there is a condition in the approval for the Travertine Specific Plan requiring the developer to pay for the environmental study that the BLM requires. He advised that the alignment as proposed represents the best consensus alternative within the stated limits. It is the alignment desired by landowners in the immediate area and provides a looped right-of-way network in this part of the City that works well for utilities, public safety, and transportation. The Mayor declared the PUBLIC REARING OPEN. There being no one wishing to speak, the PUBLIC REARING WAS CLOSED. RESOLUTION NO.95-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CERTIFICATION OF A NEGATIVE DECLARATION OF ENIIIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-293, PREPARED FOR GENERAL PLAN AMENDMENT 95-048 JEFFERSON STREET ALIGNMENT). It was moved by Council Members Sniff/Bangerter that Resolution No.9548 be adopted as submitted. Motion carried unanimously. MOTION It was moved by Council MembersiBangerter that the Council support approval of this section of the composite General Plan Resolution noted in Item 4 of the Public Hearing agenda. Motion carried unanimously. MITTTE ORDER NO.95-124. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 31 June 6, 1995 4. ADOPTION OF COMPOSITE RESOLUTION FOR GENERAL PLAN AMENDMENTS NOTED IN PUBLIC REARING NOS. 1, 2, AND 3 BY ANNOUNCING FINDINGS, CONFIRMING ENVIRONMENTAL DETERMINATION AND ADOPTING AN AMENDMENT TO THE LA QUINTA GENERAL PLAN FOR GPA 9?047, 94-O?, AND 94-049. The Mayor declared the PUBLIC REARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.95-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CERTIFYING A MITIGATED NEGATIVE DECLARATION AND AN ENVIRONMENTAL IMPACT REPORT WITII A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING AMENDMENTS TO THE GENERAL PLAN OF LA QUINTA. It was moved by Council Members Sniff/Cathcart that Resolution No.95-41 be adopted as submitted. Motion carried unanimously with Council Member Perkins ABSENT. MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION OF APPROPRIATION OF FUNDS FOR REPEAThR FOR VOLUNTEERS FOR INCREASED PUBLIC SAFETY PROGRAM VII'S). Council Member Catbcart advised that the City may be receiving some forfeiture funds and suggested that the Council appropriate some flinds to be used for a repeater for the radios for use by the VIPS Program in the northern area of the City, with those funds to be repaid from the forfeiture funds when they are received. He asked that this matter be placed on the next agenda for consideration. Council concurred. Council recessed to Closed Session. BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02 City Council Minutes 32 June 6,1995 CLOSED SESSION 1. Conference with legal counsel regarding anticipated litigation pursuant to Government Code Section 54956.9(B) one case). 2. Conference with real property negotiator Ned Millis pursuant to Government Code Section 54956.8 regarding potential acquisition of property located at 77-885 Avenida Montezuma Appilcant: La Quinta Historical Society. 3. Conference with labor negotiator Tom Hartung regarding negotiations with the City of La Quinta City Employees Association pursuant to Government Code Section 54957.6. 4. Public Employee Performance Evaluation Council-appointed position of City Manager pursuant to Government Code Section 54957. Council reconvened with no decision heing made which requires reporting pursuant to Section 54957?1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. DRA L. A, City Clerk City of La Quinta, California BIB] 12-12-95-U01 03:50:03PM-U01 CCMIN-U02 06-U02 06-U02 95-U02