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1998 07 20 CC Minutes LA QUINTA CITY COUNCIL MINUTES JULY 20, 1998 Adjourned meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pefia, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pefia ABSENT: None PUBLIC COMMFNT - None Council recessed to Closed Session to and until the hour of 3:00 p.m. CLOSED SESSION Mayor Pe~a abstained from participating in Item No. 2-B due to a conflict of interest. He also abstained from participating in Item No. 4 as he has consistently done in the past. 1. Conference with labor negotiators, Tom Hartung and John Falconer, regarding negotiations with the La Quinta City Employees' Association pursuant to Government Code Section 54957.6 - Meet and Confer Process. 2. Conference with. legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation: A. Western Empire Industry v. City of La Quinta, Case No. 302768. B. Traditions, Case No. INC00370 C. KSL/Peters, Case No. 00259.7 3. Conference with legal counsel pursuant to GoVernment Code Section 54956.9(c) regarding potential litigation (three cases). 4. Conference with City's real property negotiator pursuant to Government Code Section 54956.8 concerning the potential terms and conditions of acquisition and/or disposition of real property located at the southeast corner of Highway 111 and Adams Street. Property Owner/Negotiator: Chris Clarke. The City Attorney announced that the City Council has concluded a Closed Session under Government Code Section 54956.9(a) and advised that the City Council has authorized execution of an interim settlement agreement with CPH in the KSL/Peters, Case No. 002597. A copy of the agreement will be available for viewing in the City Clerk's Office following execution. City Council Minutes 2 July 20, 1998 PUBLIC COMMENT - None CONFIRMATION OF AGENDA Council Member Adolph asked that Consent Calendar Item Nos. 9 'and 10 be moved to Business Session Item Nos. 4 and 5. Ms. Honeywell, City Attorney, advised of the need to add a closed session item under Government Code Section 54956.9(a) regarding REVCO, Case No. CV92-7626 RJK due to correspondence received after the agenda had been posted. MOTION - It was moved by Council Members Sniff/Adolph to add a Closed Session item to the agenda under Government Code Section 54956.9(a) - REVCO, Case No. CV92-7626 RJK as the need to take action arose after the posting of the agendao Motion carried unanimously. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of July 7, 1998, as submitted. Motion carried unanimously. ANNOUNCEMENTS - None PRESENTATIONS ' Mayor Pe~a presented a plaque to Bruce Sales in appreciation for his service on the Investment Advisory Board. Captain Singerton, of the Riverside County Sheriff's Department, presented the Mayor and Council Members with the new La Quinta Police Patch, and expressed appreciation for the City's support. WRITTEN CORRESPONDENCE - None City Council Minutes 3 July 20, 1998 BUSINESS SESSION 1. CONSIDERATION OF LOCATIONS AND LETTERING FOR THE OBELISKS IN THE CITY-APPROVED PILOT PROGRAM. Mr. Vogt, Public Works Director, advised that staff is looking for direction in regard to the type of lettering to be used and the locations of the obelisks for the Obelisk Pilot Program approved by Council on July 7, 1998. He advised that the City seal will be at the base on each side of the obelisk and that the artist has recommended HM Style lettering. Council Member Sniff felt the City seal should be at the top instead of the bottom. Council Member Henderson agreed, but noted that it would be smaller. Mr. Vogt advised that, if the lettering around the seal is eliminated, the seal will remain the same size. In response to Council Member Perkins, Mr. Vogt confirmed that some of the obelisks will have lettering on two or more sides. After a brief discussion, Council concurred on placing the City seal at.the top of the obelisk, above the lettering. Council also concurred on the locations recommended by staff in Attachment No. 1 and on HM Style lettering. MOTION - It was moved by Council Members Sniff/Henderson to approve the wording for the obelisks as indicated on Attachment 1 of the staff report with a modification of the logo, moving it to the top of the obelisk instead of the bottom and approving the lettering HM style with 3" high letters, and all capitals. Motion carried unanimously. MINUTE ORDER NO. 98-123. 2. CONSIDERATION OF REQUEST FROM THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE CITY TO APPOINT A COUNCIL MEMBER TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION. There were no changes to the staff report as submitted to the City Council by the City Manager's Office and on file in the City Clerk's Office. Mayor Peffa volunteered and Council Member Perkins agreed to serve as the voting alternate. MOTION - It was moved by Council Members Sniff/Henderson to appoint Mayor Pe~a to the Riverside County Transportation Commission with Council City Council Minutes 4 July 20, 1998 Member Perkins as the voting alternate. Motion carried unanimously. MINUTE ORDER NO, 98-124. 3. SECOND READING OF ORDINANCES ORDINANCE NO. 321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE LA QUINTA CHARTER-AND MUNICIPAL CODE (CONFLICT OF INTEREST). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 321 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None ORDINANCE NO. 322 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.04 SECTION 2.04.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE CONCERNING COMPENSATION AND REIMBURSEMENT FOR CITY COUNCIL MEMBERS. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 322 on second reading..Motion carried by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Pe~a NOES: Council Member Adolph ABSENT: None ABSTAIN: None ORDINANCE NO. 323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT 98-060 TO TITLE 9 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE, ADDING CHAPTER 9.64, VILLAGE OVERLAY DISTRICT, AND REVISING CHAPTER 9.65, FOR THE VILLAGE COMMERCIAL DISTRICT. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 323 on second reading. Motion carried by the following vote: City Council Minutes 5 July 20, 1998 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None ORDINANCE NO. 324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 'OF LA QUINTA, . CALIFORNIA, ADOPTING CHANGE OF ZONE 98-085 TO RE-ZONE CERTAIN REAL PROPERTY FROM VC, VN, VP, VS, AND VT TO VC, AND FROM VR-10,000 TO RL-10,000~17/1, AND ESTABLISHING THE VILLAGE OVERLAY DISTRICT FOR CERTAIN REAL PROPERTY. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 324 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None 4. CONSIDERATION OF AUTHORIZATION TO ENTER INTO A CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE LA QUINTA RESORT AND CLUB REAL PROJECT LOCATED AT THE WEST TERMINUS OF COACHELLA DRIVE ALONG EISENHOWER DRIVE AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID 'CONTRACT. APPLICANT: KSL LAND CORPORATION. There were no changes to the staff report as submitted to the City Council by the COmmunity Development Department and on file in the City Clerk's Department. In response to Council Member Adolph, Mr. Herman, Community Development Director, advised that the project proposal is for more residential units around the spa. The EIR will determine what environmental impacts the project may have on the surrounding properties. Council Member Adolph hoped the problems that came up 8-10 months ago with the previous project, do not come up again. City Council Minutes 6 July 20, 1998 MOTION - It was moved by Council Members Sniff/Henderson to authorize the City Manager to sign a Professional Services Contract for preparation of an Environmental Impact Report (EIR) with the firm of Planning Consultants Research in an amount not to exceed $95,062. Motion carried unanimously. MINUTE ORDER NO. 98-125. 5. CONSIDERATION OF APPROVAL OF AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT FOR THE REVISION OF THE DEVELOPMENT FEE STUDY REPORT. There were no changes to the staff report as submitted to the City Council by the Public Works Department and on file in the City Clerk's Department. In response to Council Member Adolph, Mr. Vogt, Public Works Director, advised that the report has been updated to include revised build-out projections and that this should be the final amendment to the contract. MOTION It was moved by Council Members Sniff/Adolph to approve Amendment No. 2 to the Contract Services Agreement entered into between the City of La Quinta and David M. Griffith and Associates (DMG) for revisions to the Development Fee Study Report in an amount not to exceed 912,300. Motion carried unanimously. MINUTE ORDER NO. 98-126. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 20, 1998. 2. TRANSMITTAL OF TREASURER'S REPORTS DATED MAY 31, 1998, FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. 3. APPROVAL OF OVERNIGHT TRAVEL FOR A CODE COMPLIANCE OFFICER TO ATTEND A CALIFORNIA CODE ENFORCEMENT CORP., INC. TRAINING CLASS IN CONCORD, AUGUST 12-16, 1998. 4; APPROVAL OF OVERNIGHT TRAVEL FOR THE BUILDING & SAFETY DIRECTOR TO ATTEND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' ANNUAL BUSINESS MEETING IN SAN DIEGO, SEPTEMBER 7-11, 1998. 5. APPROVAL OF OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER AND MAINTENANCE MANAGER TO ATTEND THE 1998 INTERNATIONAL' PUBLIC WORKS CONGRESS AND EXPOSITION SPONSORED BY THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA) IN CLARK COUNTY, NEVADA, SEPTEMBER .14-17, 1998. City CounCil Minutes 7 July 20, 1998 6. APPROVAL OF OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR TO ATTEND THE LEAGUE OF CALIFORNIA CITIES COMMUNITY SERVICES CONFERENCE IN MONTEREY, AUGUST 26-28, 1998. 7. APPROVAL OF ON-GOING RENTAL USE OF THE SENIOR CENTER BY NEW LIFE COMMUNITY CHURCH. 8. APPROVAL OF A LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO PURCHASE SPECIAL LAW ENFORCEMENT EQUIPMENT AND TO PAY FOR INCREASED PATROL TIMES. 9. SEE BUSINESS SESSION ITEM NO. 4. 10. SEE BUSINESS SESSION ITEM NO. 5. 11. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28457-4, BELLA VISTA. 12. APPROVAL OF A QUITCLAIM DEED EXTINGUISHING RESTRICTED ACCESS RIGHTS ALONG MADISON STREET FOR PGA WEST RESIDENTIAL ' ASSOCIATION, INC., SITE DEVELOPMENT PERMIT 97-615. 13. ADOPTION OF RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO FILE AN APPLICATION FOR STREET RIGHT-OF-WAY ACROSS FEDERAL LANDS. MOTION - It was moved by Council Members Henderson/Adolph to approve the Consent Calendar as recommended and amended with Item No. 13 being approved by RESOLUTION NO. 98-77. Motion carried unanimously. MINUTE ORDER NO. 98-127. STUDY SESSION 1. DISCUSSION OF OPTIONS FOR RECREATIONAL SERVICES. Mr. Weiss, Assistant City Manager, advised that a summary of the recreation programs provided by both the City and the Coachella Valley Recreation and Parks District (CVRPD) is contained in the staff report. He advised that staff has met with CVRPD and that they are interested in providing the City's recreation programs, including the Senior Center activities. Most of the programs are self-sufficient, whether run by the City or CVRPD, except for staffing costs, which CVRPD would expect the City to fund if they ran the City Council Minutes 8 July 20, 1998 programs. In regard to duplication of efforts, he advised that City staff has tried to add to the recreation programs offered by-CVRPD, rather than duplicate them. There are some exceptions, such as tennis, where programs may be offered at additional times or to different clientele. The alternatives available are to: maintain status quo; contract with CVRPD; or expand the City's recreation services by replacing, duplicating, or competing with CVRPD or by improving efforts to complement the District's services by cross-referencing the programs provided by both agencies and allowing citizens to use a computer at City Hall to register for activities provided by either agency. He advised that Don Martin, of CVRPD, was present and available to answer questions. Council Member Sniff complimented staff on an excellent report, advising that he felt a slight enhancement of services would be sufficient. He did not see any significant value in changing the programs or method in which the City's recreation services currently operate and noted that it would not change the costs or perception of duplication of services. Council Member Henderson agreed that the report is excellent, advising that it has piqued her interest, making her want to see it taken one step further. As · to the Senior Center, she had not given much thought to it being a part of this package. She felt that there are assumptions being made regarding costs and felt that more study is needed. She felt that perhaps some of the programs might have enough similarity to cause a perception of duplication. Council Member Perkins was more interested in providing more recreational services than in saving money and felt more could be done. He wished to move forward and agreed with having staff provide more definitive information, including cost factors. Council Member Adolph was not sure why the issue had been brought up. He felt there is a need for CVRPD, but believed the City has done an outstanding job in providing recreational programs and felt a coordination of efforts would be more viable than turning the City's services over to CVRPD. He was totally opposed to the Senior Center being under their auspices and preferred that the City retain control of its recreational programs. However, he did not object, to getting more information. Mayor Pe~a commented that the history of this issue goes back many years. The staff report defines what recreational services are currently available, and he felt what Council is looking to do is make sure that the recreation funds are going as far as possible. He was unsure about including the Senior Center in any proposal regarding recreational programs. He wished to keep the options open to look at ways to address this issue on a possible regional basis. He noted that recreation programs and needs change, and he wished to see an City Council Minutes 9 July 20, 1998 assessment made as to what is and is not working, perhaps putting it before the new commission for review. Council Member Henderson agreed with making sure that the services being provided meet the needs of the community. Therefore, the City would need to have input into programming issues noting the amount of input the City had in the pool program at Fritz Burns Park that is being provided by CVRPD. In response to Mayor Pe~a, Don Martin, 45-871 Clinton Street, Indio, General Manager of Coachella Valley Recreation and Park District,' advised that they gauge the success of their programming by serving on the recreation commissions at the various cities. He advised that they are willing to serve on the City's Community Services Commission as an ad hoc member and added that he is pleased with the current relationship between the City and CVRPD. In response to Council Member Sniff, Mr. Martin advised that CVRPD understood that the City would be providing furniture for the pool facility, but if not, they will order some and have it available for next season. He noted that pool attendance at Fritz Burns Park was the highest in the district for June and July. Council Member Perkins hoped something could be worked out relative to the recreation programs because he does not like to see efforts duplicated. He felt the two agencies combined might be able to provide even better recreation services. Council Member Henderson agreed as long as the City has strong input. Mayor Pe~a liked the idea of CVRPD participating on the Community Services CommiSsion and advised that Council will inform staff when this issue should come back for further review. No action was taken. REPORTS AND INFORMATIONAL ITEMS CVAG in Review -- Mayor Pe~a advised that the proposed feasibility study for the people mover project is to be paid from SCAG monies. In regard to the regional economic development effort, as it currently stands, the various Economic Development Directors will be networking together, but that is all for now. City Council Minutes 10 July 20, 1998 Palm Springs Desert Resorts Convention & Vi$itor'$ Bureau -- Council Member Henderson reported that she recently attended an institute with CVB in San Diego. It was interesting and CVB was well represented, but she was disappointed in the Executive Board's participation. C. V. Mountains Conservancy -- Council Member Sniff reported that they recently adopted their 1998/99 budget. CVAG Energy & Environment Committee -- Council Member Sniff advised that the committee is working on a way to eliminate a major portion of PM 10 caused by re- seeding. The published material should be available next month. All other reports were noted and filed. DEPARTMENT REPORTS A-2. BOND CLOSING MEETING. Council concurred on scheduling the bond closing dinner for late September. E-2. JOINT MEETINGS WITH THE PLANNING COMMISSION. Mr. Herman, Community Development Director, suggested various dates for two jo. int public meetings (wOrkshops) with the Planning Commission for the purpose of discussing the General Plan policies and land use and circulation. Council concurred on September 22 at 3:00 or 4:00 p.m. for the first meeting and October 1 at 7:00 p.m. for the second meeting. G-I. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORTS DATED MAY 31, 1998 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. MOTION - It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Report dated May 31, 1998, for the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO. 98-128. City Council Minutes 11 July 20, 1998 MOTION - It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Report dated May 31, 1998, for the La Quinta Financing Authority. Motion carried unanimously. MINUTE ORDER 'NO. 98-129. MAYOR AND COUNCIL MEMBERS' ITEMS 1. WAL-MART SHOPPING CENTER. Council Member Sniff advised that he has received several complaints regarding the messy/dirty condition of the inside of WaI-Mart, as well as some complaints about McDonald's. He is a strong supporter of private enterprise, but felt the City should ask them to clean up the current situation. Mayor Peffa advised that when he spoke to their staff, he was told that they are getting ready to do a complete remodel. He noted that the outside and landscaping are also a mess. Council Member Henderson noted that the landscaping has been a chronic problem. Mr. Genovese, City Manager, advised that he will try to schedule a meeting with the store manager regarding the outside, but the inside of the store is a little more complex. Council Member Perkins pointed out that the landscaping has been an on-going problem since the store was built, and he felt the only way the City is going to get their attention is through. some type of legal action. He wished to have the City Attorney explore ways to issue them a citation. 2. FURNITURE FOR THE POOL FACILITY AT FRITZ BURNS PARK. Council Member Sniff wished to have staff look into getting some furniture for the pool facility at Fritz Burns Park, possibly in concert with CVRPD. Council concurred. Council recessed to Redevelopmerit Agency meeting. Council reconvened and recessed to Closed Session to and until 7:00 p.m. City Council Minutes 12 July 20, 1998 CLOSED SESSION .......... continued 5. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation - La Quinta et al v. REVCO, Case No. CV92-7626RJK. (See Page 20 for announcement of Closed Session actions.) 7:00 P.M. PUBLIC COMMENT'- None PUBLIC HEARINGS 1. TENTATIVE TRACT 28838 -- REQUEST TO SUBDIVIDE APPROXIMATELY 133.42 ACRES INTO 200 SINGLE-FAMILY AND OTHER COMMON LOTS WITHIN SPECIFIC PLAN 83-002 AND 90-017 LOCATED ON THE SOUTHEAST CORNER OF MADISON STREET AND AIRPORT BOULEVARD. APPLICANT: KSL LAND CORPORATION. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that this is a request to subdivide 133.42 acres into 200 single-family and other common lots located at the southeast corner of Madison Street and Airport Boulevard, abutting the Nicklaus Resort and Weiskopf golf courses. The vacant property is zoned residential and subject to the provisions of Specific Plan 83-002 (Amendment No. 3) and Specific Plan 90-017. She advised that the lots range from 12,070 sq. ft. to 32,733 sq. ft. abutting golf course fairways and that an equestrian trail is required along the Madison Street frontage. The Planning Commission has -reviewed the request and recommended approval subject to findings and conditions. In response to Council Member Adolph, Ms. di Iorio reviewed the location of the common lots, which will be retained for open space and recreational amenities, and advised that the homeowners association will be responsible for maintaining the equestrian trail along their frontage on Madison Street. Restrooms for the gardeners will be required, but the locations have not yet been determined. City CounCil Minutes 13 July 20, 1998 Council Member Adolph felt it is important to require the restrooms in gated communities and wished to have staff come back with language to that effect, rather than having to add it each time as a condition. Council Member Perkins agreed. I:;hevi$ Hosea, 55-920 PGA Boulevard, Vice President of Land and Commercial Development for KSL Land Corporation, advised that they do not have a problem building equestrian trails, but do want to make sure that the trails go somewhere and that a proper maintenance program is in place. Their portion of the trail will be the middle section of a larger trail that could run for several miles and will not be completed until the property to the north is subdivided. In addition, there is some question as to how the Big Horn Sheep issue will affect the equestrian use of the property to the south. They also have some concern about the split rail fencing, which does not go with the rest of their development. He asked that the condition be amended to require them to build a multi-purpose trail (for pedestrian/bike/golf cart use) that would be converted to an equestrian trail once the rest of the equestrian trail has been completed. He further-requested that the maintenance of any public-use portion of the equestrian trail be considered the responsibility of the City and not the homeowners association. They are willing to post bonds for the equestrian fence improvements. In regard to the restrooms for gardeners, he advised that they will be centrally located. He asked that Condition No. 32 be amended as they have always used {he golf course to capture their storm water, rather than using a retention basin. That would also eliminate the need for Condition No. 38 and the latter part of Condition Nos. 37 and 62, relating to retention basins and quality assurance. In response to Council Member .Henderson, Mr. Hosea advised that they usually build unisex restrooms for gardeners on the backside of the mens and womens restrooms at the common pool areas, but since common pool areas do not exist in this development, they will try to design one at the gate entrance and one at the northeast corner wall area. In response to Council Member Sniff, Mr. Hosea advised that a combination of well water and canal water will be used to maintain the water level of the lakes, which will be used to irrigate the golf course. In regard to using reclaimed water, he advised that the front-end costs would make it economically unfeasible for a project this size. In accordance with their agreement with CVWD, they provide one domestic water well for every 400-500 homes. In regard to the conditions of approval related to storm water falling onsite, Ms. di Iorio advised that Condition Nos. 32, through 39 could all be deleted, City Council Minutes 14 July 20, 1998 with Condition No. 31 amended to read, ". .... according to the approved hydrology plan unless otherwise approved by the City Engineer." Mr. Hosea further asked that they be allowed to use roundabouts as an alternative to installing traffic signals at Madison Street and Airport Boulevard and at the entrance to their project, providing that they can propose a concept acceptable to engineering staff. Council Membe~ Adolph asked what they propose to do with the equestrian trail area along Madison Street. Mr. Hosea advised that they are proposing to build everything, with the exception of the split rail fencing-on the outside of the equestrian trail, which would be constructed if and when the rest of the trail is completed. Mr. Herman, Community Development Director, advised that staff has been insistent on this issue because of past history dealings regarding equestrian uses adjacent to residential areas. The intent is to enforce the General Plan policies by getting the equestrian use in place prior to residents moving in and protesting. The applicant is proposing to construct a "multi-use" trail, not an equestrian trail, but staff feels that by labeling it as an equestrian trail, it would eliminate objections in the future by residents who might try to argue that they thought it was a golf cart path. In response to Council Member Henderson, Mr. Herman advised that equestrian trail signs would eventually be posted, but are not currently required and confirmed that posting of such signs could be an interim alternative to fencing. Council Member Perkins felt. if'the trails are not installed and properly identified from the onset of the development, they may never go in because of protests from the residents. Council Member Adolph did not have a problem with the fence being constructed at a later date, advising that the only concerns he has heard are related to keeping the trails clean. Mayor Pe~a felt signage would be sufficient for now. Council Member Henderson sugges{ed looking at some equestrian-use modifications during the General Plan update and also suggested the possibility of having the equestrian trail be a phase of the project. City Council Minutes 15 July 20, 1998 In response to Mayor Pefia, Mr. Herman advised that there are a large number of horses in the area and that the purpose of the equestrian trail is to provide them with access to the Boo Hoff Trailhead at Lake Cahuilla. He suggested amending the condition to require KSL to construct the equestrian trail when their properties to the north and south are developed. The trails will then be longer, but still not complete, just as the sidewalk will not be complete. In response to Council Member Henderson, Mr. Herman advised that he is . unsure at this time how the Big Horn Sheep issue is going to affect the Boo Hoff Trail. Council Member Sniff felt the equestrian trail should be built up front so that homebuyers are aware of its existence before purchasing their property. Mayor Pe~a felt it is a matter of how it is phased in, noting that the developer is proposing to construct the trail up front and add the fencing later on. Council Member Sniff did not have a problem with that as long as the trail is built and clearly identified. Council Member Perkins felt it should be required up front or it will not be done because of residential protests later on. Council Member Adolph felt the trail would not be used until Madison Street is extended through to Avenue 52. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Ms. di 'lorio reviewed the recommended changes as follows: · Condition Nos. 30, 32, 33, 34, 35, 36, 37, 38, and 39 will be deleted and Condition No. 31 amended to read, "The applicant shall comply with provisions of Engineering Design No. 97-03, and the following: storm water falling on site during the peak 24-hour period during a 100-year storm shall be retained within the development according to the approved hydrology plan, unless otherwise approved by the City Engineer." · the last sentence in Condition No. 62 will be deleted; · Condition No. 43-C will be amended to require that the fence shall be _ bonded for and installed at the time of development to the immediate north or south and that signs identifying the equestrian trail shall be installed at the time of the Madison Street improvements; and City Council Minutes 16 July 20, 1998 · Condition No. 88 will be added to read, "Roundabouts may be considered in lieu of traffic signals at Madison Street and Airport Boulevard and at Madison Street and the development entrance, subject to the approval of the City Engineer." RESOLUTION NO. 98-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 200 SINGLE-FAMILY AND OTHER COMMON LOT SUBDIVISION ON 133.42 ACRES LOCATED AT THE SOUTHEAST CORNER OF MADISON STREET AND AIRPORT BOULEVARD (TENTATIVE TRACT MAP 28838 -- KSL LAND CORPORATION). It was moved by Council Members Sniff/Adolph to adopt ResolUtion No. 98-78 as amended. Council Member Perkins advised that he would support the motion, but was disappointed that total completion of the equestrian trail is not being required up front. Motion carried unanimously. 2. ENVIRONMENTAL ASSESSMENT 98-363 -- CONSIDER A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, TENTATIVE TRACT 28797 TO SUBDIVIDE A PREVIOUSLY APPROVED 53-UNIT CONDOMINIUM TRACT MAP INTO 53 RESIDENTIAL LOTS ON 11.81 ACRES ALONG TORONJA AND AZAHAR STREETS WITHIN SPECIFIC PLAN 85-006, "THE RANCH." APPLICANT: RJT HOMES, LLC. Ms. di Iorio, Planning Manager, advised that the proposed subdivision is within the Citrus project of The Ranch Specific Plan (formerly Oak Tree West) along Toronja and Azahar streets. The 53 single-family lots and two lettered lots on 11.81 acres will range from 7,425 sq. ft. to 12,624 sq. ft. and will typically be 55' X 136'. The Planning Commission has recommended approval subject to findings and conditions. In response to Council Member Adolph, Mr. Vogt, Public Works Director, advised that the applicant's engineering design will have to comply .to an hydrology plan to ensure adequate drainage. Chevis Hosea, 55-920 PGA Boulevard, Vice President of Land and Commercial Development for KSL Land Corporation, urged approval of the project. City Council Minutes 17 July 20, 1998 The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 98-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 'ENVIRONMENTAL ASSESSMENT 98-363 . PREPARED FOR TENTATIVE TRACT 28797 (RJT HOMES). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 98-79 as submitted. Motion carried unanimously. RE8OLUTION NO. 98-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28797 TO DEVELOP A 53 SINGLE-FAMILY AND OTHER COMMON LOT SUBDIVISION ON 11.81 ACRES LOCATED ON TORONJA AND AZAHAR STREETS, WEST OF MANGO _ WITHIN "THE RANCH" SPECIFIC PLAN (RJT HOMES). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 98-80 as submitted. Motion carried unanimously. 3. ZONING TEXT AMENDMENTS 97-058 AND 98-061 -- MISCELLANEOUS AMENDMENTS TO TITLE 9 (LA QUINTA ZONING CODE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE'. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, reviewed the following changes as requested by Council on July 7, 1998: · the minimum unit size in the RC zone has been reduced to 1,200 sq. ft. and the five-unit limit on the number of units under construction by one builder has been eliminated; · the pool equipment side yard setback has been changed to a minimum of five feet with pool equipment being allowed anywhere in the rear or front _ yards as long as enclosed; · incidental rain fall retention in residential perimeter setback areas is allowed; and City Council Minutes 18 July 20, 1998 · regulations for use of searchlights and laser lights in commercial areas have been added. He advised that the current zoning code was adopted in September 1996 and that the Planning Commission reviewed the proposed amendments on May 26 and June 9 and has recommended approval. In response to Mayor Pe~a, Mr. Herman advised that staff is recommending staying with the current 500-foot-radius noticing requirement, as opposed to increasing it to 1,000 feet, noting that the State law requirement is only 300 feet and that, under the 500-foot requirement, staff would still have the flexibility of expanding the radius if needed. Expanding it to 1,000 feet would generate additional mailings and increase staff costs, which could result in a request to increase the application fees. Staff feels that the current mailings and notices in the Desert Sun and the La Quinta Post are adequate. Council Member Perkins advised that he had previously wanted to extend the noticing requirement, but feels since the City is taking out a full page in the La Quinta Post that 500 feet is adequate. Council concurred. Mr. Genovese, City Manager, noted that staff's discretion in expanding the mailing radius is not a part of the ordinance. Council Member Henderson questioned why searchlights would only be allowed for grand openings, entertainment events, or similar activities. Council Member Sniff felt "grand openings" should be changed to "special events." He also felt that three consecutive days is too restrictive and suggested an allowance of five days to be used anytime throughout the year. Mr. Herman suggested six days to allow for two three-day weekends. Council Member Adolph asked if the six-day restriction would be for both searchlights and laser lights or six days each. Council concurred on six days total for both. A brief discussion ensued wherein some concern was voiced about the number of searchlights/laser lights that the proposed ordinance would allow in shopping centers. City Council Minutes 19 July 20, 1998 Mr. Genovese suggested that staff could bring it back in six months for review to see how it is working. Ms. di Iorio suggested the six-day limit be applied to shopping centers, rather than to individual businesses within the shopping centers. After a brief discussion, Council concurred on the following changes to the section dealing with searchlights/laser lights: · retain "grand openings" in Paragraph M-1 · change laser lights to "display lighting" in Paragraph M-7; Council also concurred on this issue being brought back for review in March 1999. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION - !t was moved by Council Members Sniff/Adolph to take up Ordinance _ No. 325 as amended by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONING CODE AMENDMENT TO TITLE 9 (ZONING CODE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE (ZONING CODE AMENDMENTS 97-058 AND 98-061 ). It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 325 as amended on first reading. After a brief discussion, Council concurred on having staff bring back language for Council's later consideration regarding restroom facilities in golf course developments. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor, Pe~a NOES: None ABSENT: None ABSTAIN: None City Council Minutes 20 July 20, 1998 JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY 4. AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CATELLUS RESIDENTIAL GROUP FOR AN 86 SINGLE-FAMILY RESIDENTIAL LOT SUBDIVISION AND 118 SENIOR APARTMENTS WITH RECREATIONAL AMENITIES ON APPROXIMATELY 40 ACRES LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 48.. Ms. Honeywell, City Attorney, advised that no action is needed as this item will be coming back in the form of two separate agreements and new public hearing notices will be mailed. No action was taken. The City Attorney announced that the City Council has concluded a Closed Session under Government Code Section 54956.9(a) concerning on-going litigation -- State Fish & Game v. Tradition -- and has authorized approval of a settlement agreement by a 4/0 vote with the Mayor not participating due to a potential conflict. That agreement, when executed, will be available for viewing in the City Clerk's Office. CLOSED SESSION 5. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation - La Quinta et al v. REVCO, Case No. CV92-7626RJK. The City Council has concluded a Closed Session under Government Code Section 54956.9(a) -- La Quinta et al v. REVCO -- and has given direction to its negotiators concerning settlement authority. The agreement will be on file in the City Clerk's Office when it is executed. There has also been a request, with respect to settlement negotiations, that the Council and Redevelopment Agency Board consider adopting a resolution so there is an official record that settlement authority has been delegated to the City Manager/Executive Director. She then proceeded to read the pertinent sections of the resolutions. City Council Minutes 21 July 20, 1998 RESOLUTION NO. 98-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, (~ALIFORNIA, AUTHORIZING SETTLEMENT AUTHORITY TO THE CITY MANAGER FOR THE CASE, LA (:).UINTA ET AL V. REVI30, CASE NO. OV92-7626RJK. It was moved by Counoil' Members Sniff/Henderson to adopt Resolution No. 98-81 as submitted. Motion carried unanimously. There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. Res t fully '~bm~ R~. JUHOLA, City Clerk City of La Quinta, California