Loading...
1995 10 03 CC Minutese LA QUINTA CITY COUNCIL MINUTES October 3, 1995 Regular meeting of the la Quinta City Council on October 3, 1995 was called to order at the hour of 3:00 p.m. by Mayor Pejia, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Council Member Perkins asked that an item relating to Council decorum that should be addressed before the next Council meeting be added to the Closed Session. Ms. Honeywell, City Attorney, suggested that without knowing the content that it be added as a personnel item under Government Code Section 54957. M?ON It was moved by Council Members Perkins!Cathcart to add a discussion under Closed Session regarding Council decorum under Government Code Section 54957, noting that the need to take action arose after posting of the agenda. Council Member Cathcart didn't know what the item was, but supported adding it since Counci? Member Perkins believed that it was an urgent matter. He advised that the Council could terminate the discussion during Closed Session if it's deemed inappropriate once the subject matter is revealed. Motion carried unanimously. Note: Council removed this item from the Closed Session agenda, see Page 16.) Council Member Bangerter advised that she had an item to add to Mayor and Council Members Items. APPROVAL OF MINIJThS MOTION It was moved by Council Members Sniff?Bangerter to approve the City Council Minutes of October 3, 1995 as submitted. Motion carried unanimously. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 2 October 3, 1995 None None Mr. Larry Rhinehart, 21865 E. Copley Drive, Diamond Bar, Inter-Governmental Affairs Director for South Coast Air Quality Management District SCAQMD), advised that the recent changes SCAQMD has gone through have resulted in them becoming a more business-friendly and business-sensitive agency. He reviewed some of the points included in their Business Clean Air Partnership Plan packet and advised that they're committed to addressing Coachelta Valley- specific, air quality issues such as the PM1O Program. Mayor Peia asked how businesses are supposed to know if they need a permit from SCAQMD. Mr. Rhinehart advised that an amnesty program has been developed which includes an extensive outreach effort for the purpose of identifying the businesses that aren't aware. It allows an opportunity to comply without fear of late-filing penalties. Mr. Ed Kibbey, 78-620 Sanita Drive, questioned the legality of the Closed Session discussion regarding Council decorum as a personnel action. Re didn't believe that the Brown Act allows elected officials to be considered personnel for the purpose of a personnel session. Ms. Honeywell, City Attorney, advised that she would review the content of the discussion during Council's recess to find out if it complies with the Brown Act. Council concurred on temporarily removing the item from the Closed Session to allow the City Attorney time to review the legality of the discussion. See Pages 1 and 16.) 1 LETTER FROM AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA REGARDING ADAMS STREET AND MILES AVENLTE. Council referred the letter to staff for response. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 e City Council Minutes 3 October 3, 1995 2. LETTER FROM GREATER COACHELLA VALLEY SOAP BOX DERBY REQUESTING CITY SPONSORSHIP FOR TIlE 1996 EVENT. Council concurred on directing staff to agendize the request for a future agenda. 3. LETTER AND PETITION SUBMITTED BY DAVID HANAN REGARDING PUBLIC IIMPROVEMENTS IN THE VILLAGE AREA. Nir. David Hanan, 51-535 Avenida Navarro, advised that several residents are upset and have signed a petition regarding the delay of sewer and street improvements in The Village area bounded by Eisenhower Drive, Avenida Bermudas, Avenida Montezuma, and Calle Sinaba. They would like to know when such imptovements are projected to begin. He felt that The Village has potential as a cultural center, but presently looks neglected. Mayor Pena advised that the Council shares the same concerns and would refer this matter to staff. Mr. Genovese, City Manager, advised that The Village area is contained in the Capital Improvement Program CIP) as a deferred project. He was willing to discuss the issue with Mr. Ranan and explain some of the challenges involved. Council Member Cathcart agreed that it's a matter of serious concern. Council Member Sniff concurred and advised that a meeting would be held on October 18th in the Council Chamber regarding The Village Area Economic Development Plan and suggested that Mr. Hanan attend. BUSINESS SESSION CONSIDERATION OF APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS FOR A SURVEY OF CULTURAL RESOURCES AND SITES. Mr. Herman, Community Development Director, advised that the City's Historic Preservation Ordinance requires that a city-wide survey be conducted for prehistoric and historic resources and sites to retain the benefits of certification under the Certified Local Government Program. The Historical Preservation Commission has recommended approval of an RFP for distribution. The funding for the survey is dependent upon the City receiving a monetary award from the Certified Local Government Grant Program in the amount of $15,000. The City would be required to match the funds or provide in-kind services for the survey. The selection of two Council Members to review the RFP's will take place at a later date. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 4 October 3, 1995 In response to Mayor Pena, Mr. Herman advised that staff would use a list from the Local Government Program, other lists of archaeological firms, and word of mouth to prepare the consultant list for the RFP. In response to Council Member Cathcart, Mr. Herman advised that mileage, office supplies, and use of staff time are types of in-kind services. M?ON It was moved by Council Members SniffJBangerter to approve the distribution of the Request for Proposals RFP) for a survey of Cultural Resources and Sites within the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO. 95-17CONSIDERATION OF REQUEST FOR FINANCIAL CONTRIBUTION TO THE LAUREN ZAGORIA PEDIATRIC CANCER RESEARCH FELLOWSHP" AT THE CITY OF HOPE. Mr. Genovese, City Manager, advised that Council received written correspondence on September 19th on this item and directed staff to agendize it. He advised that the staff report contained an outline of the program. Ms. Erica Reiter, 74-133 El Paseo, Suite 4, Palm Desert, Regional Director of City of Hope, advised that their local office was established only three years ago, but the City of Hope has been helping local patients for 50 years. They have established satellite contracts with all three local hospitals. Lauren's Run" is dedicated to the memory of a young child who died from a rare form of pediatric cancer. She advised that the venue for Lauren's Run has been changed to the Empire Polo Club due to problems that existed at the previously-planned site. In response to Council Member Perkins, Ms. Reiter advised that she didn't know how many La Quinta residents have been helped through the City of Hope, but approximately 200 Coachella Valley residents are helped each year as in-patients and about 3,000 service hours monthly are given in this area. In response to Mayor Pena, Ms. Reiter advised that La Quinta is the only city that they've requested assistance from because the event was originally going to be held in La Quinta Council Member Sniff was in favor of supporting the event with a $1,000 contribution since the organization has been a benefit to residents of La Quinta. Council Member Bangerter felt that a $500 contribution might be more appropriate and suggested that they approach the other cities in the valley for additional support. Mayor Pefla concurred. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 5 October 3, 1995 Council Member Perkins stated that he has opposed a number of financial requests in the past, but would support a $1,000 contribution to this cause because of the direct benefit received by the residents of La Quinta. M?ON It was moved by Council Members Sniff/Perkins to approve the request for a financial contribution in the amount of $1,000 to Lauren's Run from the City Council's Contingency Fund. Motion carried unanimously. MINUTE ORDER NO.95-179. 3. SECOND READING OF ORDINANCE NO.273 RE: FLOOD HAZARD REGULATIONS. ORDINANCE NO.273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8.11 OF THE MUNICIPAL CODE. It was moved by Council Members Sniff/Cathcart to adopt Ordinance No.273 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena NOES: None ABSENT None ABSTAIN None 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 3, 1995. 2. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT CDBG) FUNDS FOR THE SENIOR CENTER PARKING LOT IMPROVEMENT PROJECT. 3. APPROVAL OF PARCEL MAP AND SUBDIVISION AGREEMENT FOR PARCEL MAP 27984- LA QUINTA VILLAGE SHOPPING CENTER. 4. ACCEFFANCE OF STREET RIGHT-OF-WAY SANTA CARMELITA AT VALE LA QUINTA, UNIT NO.4. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 6 October 3, 1995 5. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA RELATED TO CONSTRUCTION MANAGEMENT RESPONSIBILITIES FOR THE HIGHWAY 111 IMPROVEMENT PROJECT. 6. AUThORIZ?ON TO RECEIVE BIDS FOR PLAYGROUND EQUIPMENT FOR THE PALM ROYALE PARK. 7. APPROVAL OF OVERNIGHT TRAVEL FOR THE BUILDING AND SAFETY MANAGER TO ATTEND A TRAINING SEMINAR IN OAKLAND, CALIFORNIA, OCTOBER 23-26, 1995. 8. APPROVAL OF OVERNIGHT TRAVEL FOR THE MAYOR, MAYOR PRO TEM, AND CITY CLERK TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SAN FRANCISCO, OCTOBER 22-24, 1995. MOTION It was moved by Council Members Sniff/Perkins to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.95- 180. STUDY SESSION DISCUSSION OF SPORTS COMPLEX LIGHTING STUDY. Mr. Cosper, Public Works Director, advised that on August 1, 1995, the Council directed staff to prepare a lighting study for the ballfields at the Sports Complex. Existing conditions as well as relamping and replacing conditions were used to study the spill-over light. He recommended to the consultant that the Little League 50/30 lighting standard be applied to only two of the ballfields, pointing Out that a 30/20 lighting standard would be adequate lighting for the remaining fields. He advised that two types of spillover light exist horizontal light which is the radiating glow seen from a distance, and maximum light which is direct light and the most irritant. He reviewed three alternatives for retrofitting the lighting system, based on the three conditions used in the study. Maximum spillover light ranged from 4.2 foot candles under existing conditions, 0.52 foot candles under relamp conditions, and 0.38 foot candles under replacement conditions. Horizontal light ranged from 0.91 to 0.11 foot candles. Alternative No.2 would result in a 87.8% reduction in maximum spillover light by adding 11 additional lamps at an approximate cost of $200,000, or $2,278 per each percentage of reduction. The number of poles and their heights would remain the sarne. Under Alternative No.3, maximum spillover light would be reduced by 91.1% and would cost approximately $350,000, or $3,842 per each perc?ntage of reduction. The number of poles would be reduced from 25 to 21, the pole heights would vary from 70 to 100 feet, and the number of lamps would increase by ten. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 e City Council Minutes 7 October 3, 1995 He advised that only $88,200 has been budgeted in the Capital Improvement Program for this project which leaves a shortage for completion of either Alternative No.2 or 3. He then reviewed the alternatives available to Council. He advised that Mr. Ministrelli has agreed to fund the City's shortfall of $111,000 if the Council selects Alternative No.2 and a Cooperative Agreement would be worked out with him, but he won't support Alternative No.3 and neither is it staff's recommendation. Council Member Perkins asked if the bailfield lights would work independent of each other to allow unused lights to be turned off. Mr. Cosper advised that the lighting system would be designed to be flexible. In response to Council Member Cathcart, Mr. Cosper advised that the current system allows for half of the lights to be turned off while the other half remain on. In response to Council Member Perkins, Mr. Cosper confirmed that the Little League lighting standard would be used on two of the fields under Alternative No.2. The lighting condition for ball games wouldn't change on the remaining fields. Mayor Pena asked if the City would be liable for injuries if the lighting system doesn't comply to Little League standards. Ms. Honeywell, City Attorney, didn't feel that the City would be found negligent unless objective evidence was presented that established that the lighting was unsafe. Mr. Cosper advised that the 30/20 standard is normal for soccer and football, pointing Out that the 50?30 standard was designed because of the height that a baseball attains. Mayor Pena asked how many nights the Sports Complex lights are used each year. Mr. Cosper didn't know, but advised that the lighting cost is approximately $25,000 annually. Mayor Pena wished to know what the cost per use is and if the lighting study has been reviewed by the Parks & Recreation Commission. Mr. Cosper advised that the Parks & Recreation Commission would review it when the design is complete. In response to Council Member Bangerter, Mr. Cosper advised that all of the field lights at the Sports Complex are usually turned On at the same time because the practice fields are used prior to the individual games. He advised that as the evening progresses and the BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 8 October 3, 1995 practice field lights arent needed. the unneeded lights should be turned off by the management in charge. He advised that the new system would have greater flexibility. In response to Council Member Sniff, Mr. Cosper felt that the current electrical system and underground conduit would be adequate, but advised that $40,000 is included as a contingency amount should an upgrade be needed. Council Member Sniff believed that Alternative No.2 was the logical course of action. He felt that an accountability program should be worked out to insure that lights at the Sports Complex are turned off when not in use. In response to Mayor Pefla, Mr. Cosper advised that the lights are on a timer and the current policy requires that they be turned off by 10:00p.m. Council Member Perkins felt that the matter should be referred back to staff with direction to work Out the details on Alternative No. 2, including the design. Council concurred. Council Member Sniff felt that Mr. Ministrelli's offer was very generous. 2. DISCUSSION AND UPDATE OF A PROPOSED COMMUNITY FACILITIES MELLO ROOS) DISTRICT CFD) FOR VISTA SANTA ROSA DEVELOPMENT. Mr. Herman, Community Development Director, advised that Community Facilities District No.95-I, referred to as the Vista Santa Rosa Mello Roos, began in 1993 to accomplish the public infrastructure improvements for raw property located in south La Quinta between Jefferson Street and the City Limits. The approved Specific Plan calls for 850, 1,800 sq. ft single-family units on lots ranging from 9,000 to 10,000 sq. ft. The district is being formed to provide security for the sale of bonds that will finance approximately $7,200,000 in construction costs with a total bond authorization of $12,000,000. Re reviewed the chronological history of the district and recommended that it be agendized for the October 17th Council meeting for the purpose of adopting resolutions related to the CFD. Re also recommended that a public hearing be scheduled for November 21st. The CFD financing would not be a direct obligation to the City. The debt service on the bonds is paid annually by levying the appropriate special tax within the boundaries of the CFD similar to an assessment district. Certain administrative responsibilities will exist for the City, but any associated costs can be recovered through the annual levy of the special tax. Therefore, no fiscal impact on the City's General Fund or the Redevelopment Agency funds will exist. Council Member Sniff asked if the City could be held liable for repayment of the bonds. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 9 October 3, 1995 Mr. Torn DeMars, 2100 SE Main Street, Irvine, representative of Fieldman, Rolapp & Associates, advised that once the CFD property has been developed, people have moved in and there remains some undeveloped properties, all of the property owners did not pay on their special tax, there's a reserve fund in place to pay the debt service, but ultimately, the City would not be obligated to pay any of the debt service. From a market perception, there would be a moral obligation to keep it going, but before that, there would be disclosure rights on the property. to take the land back and sell it to pay the debt service on the bonds. In further response to Council Member Sniff, Mr. DeMars advised that initially, the principal landowner would be obligated to pay the special taxes on the 25-year bonds. He advised that bond authorization for $12 million was requested to cover increased construction costs should the project be delayed, but he felt that $8.5 million would be a more likely amount. The project would be completed in phases as the property value increases. Re advised that the City's guidelines adopted in 1991 allow the Council to have discretionaay power to stop the project and sale of bonds if the outlined criteria in the land- secured policies are not met. In response to Mayor Pena, Mr. DeMars conffrmed that basically, the obligation goes back to the landowner or lender. Mr. Herman asked Council for further direction. Mr. Craig Bryant, 41-865 Boardwalk, Palm Desert, of Winchester Asset Management and representative for Stuart Enterprises Ltd., urged the Council to move this project forward to the next step. Re advised that ultimately, the City would not be legally responsible for repayment of the debt. Ms. Terry Henderson, 54-711 Eisenhower Drive, pointed Out that once the Mello Roos is. formed, all of the improvements on the property would be subject to the Prevailing Wage Law. Mr. DeMars advised that disclosure of the Mello Roos to all pot?tial property owners is required to inform them of the special tax burden. Mr. David Taussig, 1301 Dove Street, Ne'wport Beach, of Taussig & Associates, confirmed that prevailing wages would have to be paid on the Mello Roos improvements. MOTION It was moved by Council Members Sniff/Perkins to direct staff to proceed with the project Mello Roos for the Vista Santa Rosa Development). Motion carried unanimously. MINUTh ORDER NO.95-181. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 10 October 3, 1995 REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed 1. UPDATE REGARDING 1995-96 COMMUNITY SERVICE GRANT PROCESS. Ms. Nicholson, Parks & Recreation Director, gave a brief update on the Community Service Grant Program which is funded out of the Special Project Contingency Account. She advised that the amount available for funding after the contribution to the City of Hope would be $30,600. A service contract or grant application for Coachella Valley Community Concerts in the amount of $9,000 is currently under consideration by the Council and if approved, the balance would be reduced to $21,600. She advised that the timeline for the grant process is outlined in the staff report. 2. REPORT REGARDING LA QUINTA DAY AT SCULPTURELAND 95. Ms. Nicholson, Parks & Recreation Director, reported that Mr. Bernardo Gouthier, owner of the La Quinta Sculpture Park, has offered to host a La Quinta Day at Scuiptureland. A variety of events are planned and no admittance fee will be required for La Quinta residents. MAYOR AND COUNCIL MEM?ERS' ITEMS 1. DISCUSSION OF SCHOOL IMPACT FEES COACHELLA VALLEY UNIFIED SCHOOL DISTRICT. Mayor Pena wished for staff to research information regarding school impact fees and open up a dialogue with the School District with the inclusion he BIA. Council concurred. 2. DISCUSSION OF POSSIBLE ASSISTANCE TO RIVERSIDE COUNTY LIBRARY LA QUINTA BRANCH. Council Member Sniff advised that the County's shortage of funds has affected the County Library system which serves all ages in the various communities. He suggested that staff be directed to ascertain the current situation at the local library and find Out what BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 e City Council Minutes 11 October 3, 1995 other communities are doing to help theirs. Re asked that staff then present options or recommendations for Council's consideration to financially assist the La Quinta Library, perhaps through a grant, and include the fiscal implications related to each option. He pointed Out that the library serves the residents of the community and he felt that it's worthy of the City's support He wished staff to report back to the Council within one month Council concurred Mayor Pena advised that the Friends of the Library would be having their annual book sale" on Friday. He advised that a Library Task Force was organized by Supervisor Wilson to work on this issue and suggested that staff contact the City's representative on that task force, Honey Atkins, to receive her input. Mr. Genovese, City Manager, advised that staff has also participated in attendance at the task force meetings to gain information on this issue. Re advised that staff would provide an update to Council within one month. 3. DISCUSSION REGARDING TIIE VILLAGE Council Member Bangerter requested that The Village area be included in the upcoming Capital Improvement Program discussions for the purpose of possibly removing it from the deferred list. Council Member Cathcart asked if that would include the area south of The Village to which Council Member Bangerter responded yes. Council Member Cathcart asked that it be included with the Fritz Burns pool project reappropriation-options that staff is preparing for the Council meeting on October 17th. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION Conference with legal counsel regarding anticipated litigation pursuant to Government Code Section 54956.9(B) two cases). BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 12 October 3, 1995 7:00P.M. Council reconvened with no decision being inade which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). PUBI?IC COMMENT Ms. Darlene Romano-Sparks, 51-525 Avenida Mendoza, expressed dissatisfaction regarding the delay in street and curb improvements in Phase VI of the Cove Improvement Project. She resigned her position on the La Quinta Pageant Subcommittee because she felt that the City has ignored the needs of its citizens and advised that she would actively campaign for a change in City administration and City Council. She advised that the lack of street improvements has affected the property owners' ability to sell their property and she didn't feel that it is morally right for the City to deprive its citizens of their financial rights. Mayor Pena advised that the Council directed staff during the afternoon session to bring some information and timelines back regarding street improvements in that area. Past improvements in other sections have been paid for through the Redevelopment Agency instead of assessing the residents through an assessment district. He added that residents have expressed a desire to wait for Redevelopment funds to catch up as opposed to assessing them. Council Member Cathcart stated that this has been an item of concern for him as well and urged Ms. Sparks to attend the October 7th Council meeting in which the Council would be discussing reappropriation of some of the infrastructure funds. Council Member Sniff urged her to also attend a meeting on October 18th regarding the Economic Development Plan for The Village area. Mr. Robert Tyler, 44-215 VilIeta Drive, expressed appreciation for the recent traffic signal installation at Miles Avenue and Dune Palms Road. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 e City Council Minutes 13 October 3.1995 PUBLIC HEARINGS WEED ABATEMENTS/LOT CLEAMNG AND PLACEMENT OF COSTS ON THE 1996/97 TAX ROLLS: A. Baker, Neal T. Ent. APN 773-152?16 $187.50 B. Baker, Neal T. Ent. APN 773-1524)17 $187.50 C. Minkoff, Edie F. APN 773-072-005 $500.00 D. Sprow, Robert 0. & Karen APN 769-262A)21 $ 62.50 E. Epperson, Margaret APN 773-2214)12 $187.50 F. Epperson, Margaret APN 773-2214)13 $187.50 G. Oliver, Stewart W. APN 774-153-006 $187.50 H. Oliver, Stewart W. APN 774-153-007 $187.50 I. Yates Builders APN 769-061-002 $187.50 J. Merritt, Robin G. APN 646-312-021 $187.50 K. Bumgardner, Annabelle P. APN 769-062-012 $375.00 L. Beese, Constance APN 773-122-001 $687.50 M. Sterling Homes APN 774-272-022 $187.50 N. San Fernando Swap Meet APN 773-213-012 $187.50 0. Kranhold, Jeanne F. APN 7744)534)07 $187.50 P. San Fernando Airport Corp. APN 773-161-014 $187.50 Q. Heally m, Vincent & Marguette APN 773-285-021 $187.50 R. San Fernando Airport Corp. APN 774-201-011 $187.50 S. Martin, Olivia APN 7744)83-018 $187.50 T. Miller, M. M. APN 646-313-014 $187.50 U. Sweet, Dorothy E. APN 646-312-037 $187.50 Mayor Pena advised that Items G, H, J, M and 0 have been paid and should be removed from the resolution. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.95-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVWING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-70 as amended. Motion carried unanimously. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 14 October 3, 1995 2. GENERAL PLAN AMENDMENT 95-050, CHANGE OF ZONE 95?9, AND ENVIRONMENTAL ASSESSMENT 95-307 A REQUEST TO REDESIGNATE 138 ACRES FROM COMMUNITY COMMERCIAL/C-P, HIGH-DENSITY RESIDENTIAL-2, AND LOW-DENSITY RESIDENTIAL/R-1 TO COMMUNITY COMMERCIAL/C-P, OFFICE/OMS, HIGH-DENSITY RESIDENTIAL-2, AND LOW-DENSITY RESIDENTIAL)/R-1, FOR PROPERTY LOCATED NORTH OF I'RED WARING DRIVE AND EAST OF WASHINGTON STREET. APPLICANT: THE KEITH COMPANIES. Mr. Herman, Community Development Director, advised that the property location of the proposed General Plan Amendment and Change of Zone is east of Washington Street and north of Fred Waring Drive. The existing acreages for the various General Plan/Zoning designations would be changed as follows: Low-Density Residential/R-1 reduced from 82.5 acres to 62 acres; High-Density Residential/R-2 reduced from 30.5 acres to 24 acres; Community Commercial/C-P increased from 25 acres to 27 acres; and a new designation of Office/OMS for 25 acres. The Planning Commission recommended approval on September 12th. Surrounding land uses include commercial, office, multi-family and single-family residential to the west, multi-family and single-family residential as well as a nursery to the north, condominiums Palm Royale Country Club) to the south, and single-family residential to the east. In response to Council Member Perkins, Mr. Herman advised that the adjacent Holistic Medical Clinic is not a part of the tract. In response to Council Member Cathcart. Mr. Herman advised that a traffic study would be conducted to determine the traffic impact on Palm Royale Drive and Darby Road. Council Member Cathcart suggested that all of Darby Road be included in the traffic study. Mr. Mike Rowe, 41-865 Boardwalk, Palm Desert, Planning Manager of The Keith Companies, advised that a specific plan would be developed once development reaches that area. The Mayor declared the PUBLIC HEARING OPEN. Mr. Robert Tyler, 44-215 Villeta Drive, was concerned about a high-density residential area abutting up against a low-density residential area and suggested that a mini-park be used to buffer the two areas. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 e City Council Minutes 15 October 3, 1995 Council Member Perkins asked the applicant to respond to Mr. Tyler's concerns. Mr. Rowe agreed that the two areas shouldn't be joined if it can be avoided and advised that some type of amenity such as a retention basin or mini-park could be used to separate the twO uses. He pointed Out that building setbacks are usually greater in high-density uses. The current configuration would tend to keep low-density area traffic away from the high-density traffic area. Council Member Cathcart asked if Quimby Funds would be involved with this project to which Ms. Honeywell, City Attorney, responded yes when the land is developed. Council Member Cathcart asked if land could be designated in place of fees to which Mr. Genovese, City Manager, responded yes. Council Member Perkins urged the applicant to consider some type of barrier between the two uses as discussed. RESOLUTION NO.95-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QU[NTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT NO.95-307 PREPARED FOR GPA NO. 95?0 AND CZ NO.954)79. It was moved by Council Members SnifflCathcart to adopt Resolution No. 95-71 as submitted. Motion carried unanimously. RESOLUTION NO.95-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO AMEND THE LA QUINTA GENERAL PLAN LAND USE MAP FROM LOW-DENSITY RESIDENTIAL LDR), HIGH-DENSITY RESIDENTIAL HDR), AND COMMUNITY COMMERCIAL CC) TO LOW-DENSITY RESIDENTIAL LDR), HIGH-DENSITY RESIDENTIAL DR), COMMUNITY COMMERCIAL CC), AND OFF'ICE 0). It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-72 as submitted. Motion carried unanimously. M?ON It was moved by Council Members Sniff/Cathcart to take up Ordinance No. 274 by title and number only and waive further reading. Motion carried unanimously. BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02 eCity Council Minutes 16 October 3.1995 ORDINANCE NO.274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 95-079. It was moved by Council Members Sniff/Cathcart to introduce Ordinance No.274 on first reading. Motion carried unanimously. Council Member Perkins withdrew his motion made during the afternoon session to add an item to the Closed Session regarding Council decorum. He requested staff to agendize it fbr the next Council meeting. Council Memher Cathcart withdrew his second. See Pages 1 and 2.) MOTION It was moved by Council Members Sniff/Cathcart to adjourn. Motion carried unanimously. R ectfully submitted, UNDRA L. ROLA, City Clerk City of La Quinta, California BIB] 12-13-95-U01 08:44:43AM-U01 CCMIN-U02 10-U02 03-U02 95-U02