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1993 01 05 CC Minutes1 LA QUINTA CITY COUNCIL MINUTES JANUARY 5, 1993 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Councilmembers Bangerter, Perkins, Sniff, Mayor Pena ABSENT: One vacancy) CONFIRMATION OF AGENDA Mrs. Juhola asked that authorization to attend the League?s Mayors and Councilmembers Conference in San Francisco January 27-29 by Councilmember Bangerter and City Clerk Juhola be added to the Consent Calendar as Item No. 6. APPROVAL OF MINUTES MOTION It was moved by Councilmembers Sniff/Bangerter that the Minutes of December 15, 1992 be approved as submitted. Motion carried with Councilmember Perkins abstaining. ANNOUNCEMENTS Councilmember Perkins apologized for his absence from the December 15th Council meeting noting that he was ill. PRESENTATIONS None PUBLIC CONMENT None WRITTEN CORRESPONDENCE a. Letter regarding Living for Your 90's" Senior Inspiration Awards. Noted and filed. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 2 January 5, 1993 BUSINESS SESSION 1. APPEAL OF PLANNING COMMISSION DENIAL OF SIGN APPROVAL 92-185 FOR ADDITIONAL BUILDING SIGNAGE FOR SUPERMARKET IN ONE-ELEVEN LA QUINTA CENTER ON NORTH SIDE OF HIGHWAY 111, BETWEEN WASHINGTON ST. & ADAMS ST. APPELLANT: ONTARIO NEON CO. FOR ALBERTSON'S Mr. Herman, Planning and Development Director, presented staff report advising that Albertson's at Highway 111 and Washington has requested approval to use neon signs on the front of the building reading food" and pharmacy." The Design Review Board recommended to the Planning Commission on a 6-1 vote for denial. The Planning Commission did deny the request on November 10th. Mr. Herman noted that Wal-Mart had also wanted additional signage which was also denied. Councilmember Bangerter asked if Wal-Mart appealed the denial and he advised not. They were asking for signage which read discount city" satisfaction guaranteed," auto center" and something like sells for less". TERRY WILSON, representing Ontario Neon, felt that the intent of a sign ordinance regulating ancillary signs should be to help business-owners identify their business in as few words as possible with the intent being to eliminate redundant signs and to control the tendency of some businesses to advertise all the various products they sell. However, he felt that every business should be allowed to let the public know what their business function is. He didn't feel that precedence should be a concern, that each application should be considered on a case-by-case basis. Albertson's believes that it's important to advertise the pharmacy to make it financially viable. In response to Councilmember Sniff, Mr. Jeff Darken, Real Estate Area Manager for Albertson's advised that about 50% of Albertson's have pharmacies, adding that they originally were not going to have one, when Payless Drug Store was going in. They believe that the food" sign is necessary to balance the signage. Councilmember Sniff stated that he's given this matter a lot of thought and was supportive of the appeal as he felt that it makes sense. He didn't believe that two signs with less than 15 letters total could clutter the building or be unsightly. He was very supportive of business and businesses need to advertise, especially when they offer something that isn't offered in all stores. He also saw the necessity to have balance in their signage. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 3 January 5, 1993 Councilmember Bangerter also supported the appeal as she felt that it's a fair and reasonable request on their part. She also agreed that food" is necessary in addition to pharmacy" to add balance. She felt that the signage is important to them and is in good taste and is appropriate. Councilmember Perkins was not supportive of the appeal, as he believed that the City needs to take a stand as far as signs are concerned. He knows of areas in cities that even signs on buildings are not permitted only a monument sign at the entrance is permitted. He felt that anyone should know that Albertson's is a market and most of the major markets do have a pharmacy. He didn't see that it's necessary to add these signs and if they are permitted, then he believed that we are, in effect, saying that Wal-Mart could have more signs too. He supported the planning Commission's decision. Mayor Pena also was not supportive of the appeal. He believed that the Design Review Board and the planning Commission flushed out all the issues. Councilmember Sniff felt that there is a difference between what Albertson's is asking for and what Wal-Mart wanted. He believed that there is significance to the pharmacy" sign and the food" sign is needed for balance. He didn't believe that a blanket denial can be made these matters need to be considered on a case-by-case basis. This is a unique situation and he felt the request is justified. Councilmember Bangerter asked if there are any signs at all outside the store which indicates there is a pharmacy and Mr. Herman advised not, that they do have a free-standing sign along Highway 111 that only says Albertsons." NOTION It was moved by Councilmembers sniff/Bangerter to support the appeal of SA 92-165 and grant the applicant's request. Motion failed to carry with Councilmember Perkins and Mayor Pena voting NO. MINUTE ORDER NO. 93-1. 2. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO. 31 FOR CIVIC CENTER SCULPTURE GARDEN. Mr. Reynolds, Public Works Director, advised that this matter was before the Council at the last meeting. Since then, staff has explored alternatives, but could not find one that would satisfy the intent that was expressed by the Council when it approved the Plans and Specifications for the sculpture fountain. However, staff has found that $5,OOO-$6,OOO can be saved by modifying the drainage system to a less complicated construction and to eliminate the tile at the bottom of the BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 4 January 5, 1993 fountain and painting it with a cold-tar epoxy. He recommended that Council approve Contract Change Order No. 31 and authorize the installation of the fountain as outlined. In response to Councilmember Perkins, Mr. Reynolds proceeded to briefly review the history of this project noting that the Council had agreed to pay the foundry cost of about $24,600. Subsequently, the Rotary Club offered to reimburse the City for the foundry cost. Therefore, at that point the City's contribution to this project has been nominal. If we had known at the time the design was taking place that the sculpture was going to be wider than originally planned, it would have been designed to accommodate the sculpture. Mr. Reynolds advised that the cost will be not exceed $20,000. It will be done on a time and materials basis and he believed that it will not use the entire $20,000. Councilmember Bangerter said that she appreciates Rotary's contribution and Mr. Kennedy's contribution and felt that we need to continue on with something that has been started. Her concern was that there wasn't the proper authorization for the additional figure. She felt that we need to finish what we began, but made a very strong statement that we keep it to a minimum because of her concern about all these change orders. Councilmember Sniff did not like things that are not formally approved and brought to the Council for authorization he felt that it's a dangerous precedent. This building is costing an inordinate amount of money and the expense continues to mount. e cannot continue to put money into this project. He could not support this request. Mayor Pena also expressed concern, but felt that we are too far into this project to back out. He, too, did not like the change orders, but he knew that they were necessary. He felt that between the artist and the Rotary Club, they've made a generous donation. Councilmember Perkins asked if the artist is out any money on this project and Mr. Reynolds advised that he is assuming the cost of a bond in order to use the facilities at C.O.D. and he has hired assistants whom he's paying. Councilmember Perkins expressed concern about this addition not being approved by Council, but that wasn't the artist's fault. He advised that he would reluctantly support the staf f's recommendation. However, he advised that he would not support any further change orders of this type which have not had prior authorization. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 5 January 5, 1993 MOTION It was moved by Councilmembers Perkins/Bangerter that the additional funding for Contract Change Order No. 31 as outlined be approved. Motion carried with Councilmember Sniff voting NO. MINUTE ORDER NO. 93-2. 3. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO. 33 FOR CIVIC CENTER REVISIONS TO GRADING AND DRAINAGE SYSTEM. Mr. Reynolds, Public Works Director, advised that he brought this matter to the Council in September 1992. There is a necessity for regrading and drainage revisions due to new information that has been obtained indicating that we cannot build the employee parking lot and the landscaping along La Fonda the way it's shown on the plans. In September, the Council authorized him to instruct the architect to redesign to accommodate the new grades. Change Order No. 33 has a proposed cost of $24,641 in order to effect the necessary revisions. He added that he will becoming back to the Council in a few weeks with a Change Order which is a credit to the City, because we will not be able to do the landscaping as was shown along La Fonda until Phase V or Phase VI is done. MOTION It was moved by Councilmembers Sniff/Perkins to approve Civic Center Contract Order No. 33 in the amount of $24,641 for regrading and revisions to the drainage system. Motion carried unanimously. MINUTE ORDER NO. 93-3. 4. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER FOR CIVIC CENTER AIR CONDENSING UNIT ACCU-3). Mr. Reynolds, Public Works Director, presented staff report advising that the air handling unit which has been installed over the Council offices in the Civic Center projects about 4? above the parapet wall, which the architect feels is creating an aesthetics problem. In response to Councilmember Perkins, Mr. Reynolds advised that the York unit, which the architect is recommending, has a much lower profile it's about 30" shorter than the Trane. Councilmember Perkins questioned the City's responsibility in assuming the cost of replacing the Trane unit with the York. Mans Peika, Architect with Gruen Associates, noted that any project of this size normally has a contingency set aside for change orders usually in the neighborhood of 5% and as this project currently stands the amount of money spent for contingency changes that relate to the building project is less than one-half of one percent. He then proceeded to BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 6 January 5, 1993 explain the situation noting that the York unit will be about 14" above the parapet. If you are up close to the building, you will not notice the unit, but if you're far away from it, you will see a slight edge, but painted white, it probably would not be noticeable. He highly recommended that this change be made for aesthetic reasons. Regarding costs, he advised that there is a very insignificant difference in cost between the two units. The estimated cost of $13,710 is the shipping, re-stocking and installation of the new unit. Mayor Pena did not believe that the City should be responsible for the entire cost of this proposed change in units. Councilmember Bangerter appreciates the fact that anyone can make an error; however, if a contractor installed the wrong tile in a project, he would be responsible for taking it out and putting in the correct tile. She did not believe that the City should be responsible for this error. Councilmember Perkins asked if the City has an ordinance requiring that mechanical equipment be screened from view and Mr. Herman advised that we do. Councilmember Perkins suggested that staff look into the possibility of requiring a clean roof-line and if we are going to require that of other builders, we should also comply. He was also concerned that with the new unit, it too, will show. Councilmember Sniff asked if there is any possibility of the Architect designing a screen to solve this problem because any way we go, it's going to be intrusive. Mr. Peika stated that in his considered opinion, even though it will protrude, it will be very unobtrusive and felt that it will not be noticed. Councilmember Perkins supported a delay and getting some feed- back for the next meeting. He felt that all equipment should be completely hidden. Councilmember Sniff also expressed concern about the cost and did not feel that the City should bear the total cost. NOTION It was moved by Councilmembers Sniff/Bangerter to continue the matter of the Contract Change Order for the air condensing unit until January 19, 1993 at which time we will have some response from the Architect and Staff as to screening possibilitieS that are reasonable and that we look to the contractor to share in some of the fiscal responsibility. Motion carried unanimously. MINUTE ORDER NO. 93-4. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1 City Council Minutes 7 January 5, 1993 5. CONSIDERATION OF APPROVAL OF ART PROPOSAL AT THE CIVIC CENTER SITE. Mr. John walling, Chairman of the Art in Public Places Committee, advised that the Art in Public Places Program is an exaction fee over and above everything else a developer pays. It amounts to 1/2% of construction costs, which goes into a fund that has a time limit of two years in which the funds must be spent on public art or it reverts back to the developer. He advised that the art piece is free-standing and will sit within the main archway. He then introduced the artist. Louis De Martino, Sculptor, proceeded to describe the 7' high art piece, which represents the sun and the moon, which he feels reflects the City's unique character, its sense of identity and its vision of itself in the future. He proposed that small, bronze bas-reliefs representing the different organizations would be attached to the bronze sun. Councilmember Sniff stated that the desert is a beautiful, yet fragile place and he did not believe that the sculpture represents the area and wished to see it given further thought. Councilmember Perkins felt that it's difficult for a group of people to agree on things like art or architecture. He was impressed by the sculpture he felt that it's unusual and with the proper lighting it would be very impressive. Councilmember Bangerter stated that she has a difficult time judging art for the general public, because it's so individual. She did like the idea of the community involvement with this art piece. She also appreciated the fact that we do have an Arts Committee to assist the Council with these decisions. She asked if when we have such a major project such as this, could the Council see more than just one idea because if you don't know a lot about art, you don't know whether it's appropriate for everyone in the community. Mayor Pena felt that the Arts Committee did take on the responsibility of screening the various proposals. He, too, understood the difficulty in a group of people agreeing on a certain piece of art. He wished to see it done in a different manner and with a mock-up of lighting to see what it will look like. He suggested asking the Committee to show the Council what else was submitted. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 8 January 5, 1993 Councilmember Perkins appreciated the work the Arts Committee has done and was not looking forward to anything other than some possible modification relative to whatever the other Councilmertibers are thinking about. He felt that it?s a very unusual work of art and that it will look excellent in the proposed location. Councilmember Bangerter clarified that she wasn?t asking to see other art work at this time, but in the future, would like to be given a selection. Councilniember Sniff felt that it would be unfair not to stay with this particular artist, but he would like to see the top three or four pieces in which the Committee decided from and to see some modifications to this particular piece. MOTION It was moved by Councilmembers Sniff?Bangerter to re- agendize the matter of the Civic Center art piece for February 2, 1993. Motion carried unanimously. MINUTE ORDER NO. 93-5. STUDY SESSION 1. INTERVIEW OF APPLICANTS FOR COMMUNITY SERVICES COMMISSION. The Council proceeded to interview the following individuals who applied for the unexpired term of Jill Thompson on the Community Services Commission, which expires June 30, 1993: Norris Bernard Alden Cook David Frankes Michael Mccartney Robert Metkus James Smith Andrea Spirtos Richard Thacker, Jr. Mary Wright Appointment to be made later in the meeting. See Page 18) Council recessed until 7:00 P.N. Council reconvened at 7:00 P.M. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 9 January 5, 1993 BUSINESS SESSION......continued... 6. CONSIDERATION OF APPROVAL OF CVAG MEDIATION AGREEMENT. Mr. Genovese, Interim City Manager, advised that the intent of the Mediation Agreement is to offer some type of alternative method of resolving disputes among the member agencies without litigation. He noted, however, that the agreement does not preclude the cities from filing legal action if need be. He added that the agreement is also an effort to reduce legal costs. Ms. Honeywell, City Attorney, advised that the CVAG members have been trying for some time to try to come up with some type of mediation process. She advised that Section 3 had originally been of concern to some attorneys, but has now been written to be agreeable, in that it is now in the sole judgment of a party to decide whether they need to file an action, otherwise it would prejudice the rights of the party, but also, it provides for the ability for this mediation to go parallel to any such Court action. In response to Councilmember Perkins, Mr. Genovese advised that CVAG did not have an answer today as to how many cities have approved the agreement. Mayor Pena advised that most cities have agreed to it in concept. MOTION It was moved by Councilmembers perkins?Sniff that the CVAG Mediation Agreement be approved as submitted and authorize the Mayor to execute same. Motion carried unanimously. MINUTE ORDER NO. 93-6. 7. CONSIDERATION OF AMENDMENT TO CHAPTER 2.60 OF THE MUNICIPAL CODE REGARDING LOCAL CONFLICT OF INTEREST CODE. Ms. Honeywell, City Attorney, advised that this amendment is in response to the FPPC requirement that every two years, every entity review and update their Conflict of Interests Code. She advised that the main changes are in the list of descriptive categories. She added to the list the Administrative Analyst, Planning and Development Director and Parks and Recreation Manager. MOTION It was moved by Councilmembers sniff/Bangerter that Ordinance No. 221 be taken up by title and number only and waive further reading. Motion carried unanimously. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 10 January 5, 1993 ORDINANCE NO. 221 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE CITY?S CONFLICT OF INTEREST CODE. It was moved by Councilmembers Sniff/Bangerter that Ordinance No. 221 be introduced on first reading. Motion carried by the following vote: AYES: Councilmembers Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: One vacancy) 8. CONSIDERATION OF REPORT AND PROCEDURE FOR FILLING VACANCY IN MUNICIPAL OFFICE OF COUNCILPERSON. Mr. Genovese, Interim City Manager, advised that the Council has received a memorandum from the City Attorney with regard to the Council?s options in filling the Council vacancy created by the resignation of Kristy Franklin. If the Council desires to fill the vacancy by appointment, that would have to be done by the end of January. If they elect to call an election it could not be held earlier than June 8th. Councilmember Sniff stated that he prefers to fill the vacancy by appointment and wished to see the matter placed on the next agenda. Council concurred. NOTION It was moved by Councilmembers Sniff/Bangerter to declare the Council?s intent to fill the City Council vacancy by appointment and further to direct staff to place the appointment on the next Special Council Meeting agenda of January 11, 1993 as a business item. Councilmember Perkins wished to see resumes submitted and for the applicants to appear before the Council for interviews as was done earlier this evening for Community Services Commission. Council concurred on having the applicants make a short statement, but not to conduct *interviews?. Motion carried unanimously. MINUTE ORDER NO. 93-7. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 11 January 5, 1993 9. CONSIDERATION OF APPOINTMENT TO RIVERSIDE COUNTY LIBRARY ADVISORY COMMITTEE. Continued until later in the meeting. See Page 13) 10. SECOND READING OF ORDINANCES. ORDINANCE NO. 220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 8.13 TO TITLE 8, BUILDING AND CONSTRUCTION, PERTAINING TO WATER EFFICIENT LANDSCAPING. Mr. Herman advised that Ordinance No. 220 has been modified from the first reading to incorporate the desired changes expressed by the Council. It was moved by Councilmembers Sniff/Bangerter that Ordinance No. 220 be adopted on second reading as amended. Motion carried by the following vote: AYES: Councilmembers Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: One Vacancy) MOTION It was moved by Councilmembers Sniff/Bangerter to add the authorization for attendance at the League's Mayors and Councilmembers Conference in San Francisco by Councilmember Bangerter and City Clerk Juhola to the Consent Calendar as Item No. 6. Motion carried unanimously. CONSENT CALENDAR 1. DEMAND REGISTER DATED JANUARY 5, 1993. 2. ACCEPTANCE OF STORM DRAINAGE EASEMENT FROM THE GURLEY 1980 FAMILY TRUST. 3. APPROVAL OF REDUCTION IN SECURITY FOR ON-SITE IMPROVEMENTS AT ONE-ELEVEN LA QUINTA CENTER WASHINGTON/ADAMS PARTNERSHIP. 4. APPROVAL OF MODIFICATION OF SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 25865 ONE-ELEVEN LA QUINTA CENTER, WASHINGTON/ ADAMS PARTNERSHIP. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 12 January 5, 1993 5. AWARD OF BID FOR PICKUP TRUCK. 6. AUTHORIZATION FOR COUNCIL?EMBER BANGERTER AND CITY CLERK JUHOLA TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCILMENBERS CONFERENCE IN SAN FRANCISCO JANUARY 27-29, 1993. NOTION It was moved by Councilmembers Snif f/Bangerter that the Consent Calendar be approved as recommended. Motion carried unanimously. MINUTE ORDER NO. 93-8. COUNCIL REORGANIZATION Councilmembers Bangerter/Perkins nominated Councilmember Sniff as Mayor Pro Tern. Mayor Pena advised that a unanimous ballot for Councilmember Sniff as Mayor Pro Tem would be cast. Committee Assignments CVAG EXECUTIVE COMMITTEE Member.....................Mayor Pena Alternate..................Councilmember Sniff ENERGY AND ENVIRONMENT Member.....................Councilmember Sniff Alternate..................Councilmember Bangerter HOUSING COMMITTEE Member.....................Councilmember Bangerter HUMAN AND COMMUNITY RESOURCES COMMITTEE Member.....................Councilmember Perkins Staff Support..............Jerry Herman, Planning Direc or PUBLIC SAFETY COMMITTEE Member.....................Mayor Pena Alternate..................Roger Hirdler, Ass?t. Bldg. & Safety Dir. TRANSPORTATION COMMITTEE Member.....................Councilmember Perkins Alternate..................Councilmember Bangerter BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1 City Council Minutes 13 January 5, 1993 SUNLINE TRANSIT EXECUTIVE BOARD Member.....................Mayor Pena Alternate..................Councilmember Perkins PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU EXECUTIVE BOARD Member.....................Mayor pena Alternate..................Councilmember Sniff COACHELLA VALLEY MOUNTAINS CONSERVANCY Member..........................Councilmember Sniff Alternate.......................Councilmember Bangerter CHAMBER OF COMMERCE EDUCATION COMMITTEE Member..........................Councilmember Bangerter MOTION It was moved by Councilmembers perkins/Bangerter that the appointments as outlined be confirmed. Motion carried unanimously. MINUTE ORDER NO. 92- BUSINESS SESSION.... 9. CONSIDERATION OF APPOINTMENT TO RIVERSIDE COUNTY LIBRARY ADVISORY COMMITTEE Mrs. Juhola advised that three people have expressed an interest in the appointment to the Riverside County Library Advisory Committee Barbara Huf fman, Leslie Wenzel and Myra Bohnenberger, who is currently serving as the City's representative. This Committee meets quarterly around the County at various libraries. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 14 January 5, 1993 The Council proceeded to hear brief comments from each of the applicants. NOTION It was moved by Councilmembers Perkins/Bangerter that Myra Bohnenberger be reappointed to the Riverside County Library Advisory Committee for a two-year term. Motion carried with Councilmember Sniff voting NO. MINUTE ORDER NO. 93-9. PUBLIC COMMENT PUBLIC HEARINGS 1. TENTATIVE TRACT 26855 REQUEST FOR APPROVAL OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND TENTATIVE TRACT MAP WHICH DIVIDES 23+ ACRES INTO 73 SINGLE-FAMILY LOTS IN THE R-1 ZONE LOCATED ON THE EAST SIDE OF JEFFERSON ST. APPROXIMATELY 660' SOUTH OF 50TH AVE. APPLICANT: SUMBAD & SHARRON KANLIAN. Mr. Herman, Planning Director, presented the proposed map to the Council, advising that the Planning Commission has recommended approval subject to conditions. In response to Councilmember Bangerter, Mr. Herman advised that the equestrian overlay" is not in this area. The only equestrian overlay in the City is the Green valley Ranches area. There is scheduled before the Planning Commission this month, an amendment to the ordinance and the creation of a larger equestrian overlay taking into consideration, Annexation No. 5. Regarding the matter of keeping horses on the property south of 50th Avenue and east of Jefferson when it was annexed, the ordinance grandfathered in their activity for a period of three years. At the end of that time, if the City doesn't put them in an equestrian overlay, they only are allowed either two or four horses per parcel regardless of the parcel size. The equestrian overlay will give them five horses per acre. Councilmember Perkins questioned access and Mr. Herman advised that there is one of f of Jefferson and the other relies upon the tract to the south. Mr. Herman recommended that Condition No. 10 be amended to read Prior to the issuance of an encroachment permit for off- site or on-site improvements the applicant shall reimburse Landmark Land Co., or assigns, for the cost of...". BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1 City Council Minutes 15 January 5, 1993 The Mayor declared the PUBLIC HEARING OPEN. Sumbad Kanlian, 54-000 Jefferson, applicant/owner, asked with regard to the reimbursement to Landmark, they did put a small berm and a small 5' strip of asphalt to taper the one lane back into Jefferson and at that time, they asked him to donate some land to them so that could be done and he asked if that was included. Mr. Herman advised that it would only be that portion of the improvements that Landmark installed. The dedication by Kanlian would have had to be dedicated anyway, if not to Landmark, to the City. Susan Williams, representing J. F. Davidson, Engineers, advised that the minimum lot size is 10,000 with an average lot size of 10,825. In response to questions by Council, Ms. Williams advised that there will be a median break on Jefferson for a left-turn in, a pocket) but there will be no left-turn out of the development. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 93-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL DETERMINATION AND APPROVING A TENTATIVE TRACT TO ALLOW THE CREATION OF A 73 SINGLE-FAMILY LOT SUBDIVISION ON APPROXIMATELY 23-ACRE SITE. CASE NO. TT *26855 SUMBAD AND SHARRON KANLIAN. It was moved by Councilmembers Sniff/Bangerter that Resolution No. 93-1 be approved as amended. Motion carried unanimously. 2. TENTATIVE TRACT 26718 REQUEST FOR APPROVAL OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND TENTATIVE TRACT MAP WHICH DIVIDES 39+ ACRES INTO 125 SINGLE-FAMILY LOTS IN THE R-1 ZONE LOCATED ON THE EAST SIDE OF JEFFERSON ST. APPROXIMATELY 1650' SOUTH OF 50TH AVE. APPLICANT: WALTER HANSCH. Mr. Herman, Planning Director, presented the proposed map to the Council advising that the proposed tract relies on egress from the tract to the north and is conditioned to be right- turn in and out, and a left-turn in. The Planning Commission has recommended approval subject to conditions. He recommended a modification to Condition No. 38 to read Prior BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1City Council Minutes 16 January 5, 1993 to issuance of an encroachment permit for off-site or on-site improvements, the applicant shall reimburse Landmark Land Co. or assigns, for the cost........ In response to Councilmember Perkins, Mr. Herman advised that the tract proposes private, 37' streets the same as the previous tract. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 93-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL DETERMINATION AND APPROVING A TENTATIVE TRACT TO ALLOW THE CREATION OF A 125 SINGLE-FAMILY LOT SUBDIVISION ON A 40+ ACRE SITE. CASE NO. TT #26718 WALTER HANSCH. It was moved by Councilmembers sniff/Bangerter that Resolution No. 93-2 be adopted as amended. Motion carried unanimously. 3. TENTATIVE TRACT 26148 TIME EXTENSION *1 REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR AN APPROVED TENTATIVE MAP WHICH DIVIDES 14 ACRES INTO 55 SINGLE-FAMILY LOTS IN THE S-R ZONE, LOCATED AT THE NORTHEAST CORNER OF WASHINGTON ST. & 50TH AVE. APPLICANT: ROBERT A. WRIGHT/AMCOR REALTY FUND III. Mr. Herman, Planning Director, pointed out the location of the tract in question advising that it contains public streets and the access is conditioned as right-in and right-out on Washington and a right-in and right-out on 50th Avenue. The Planning Commission has recommended approval of a one-year time extension. Councilmember Bangerter advised that she will be abstaining from this issue. The Mayor declared the PUBLIC HEARING OPEN. Bob Maifliero, representing Mainiero, Smith and Associates, Civil Engineers, urged approval of the requested time extension. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1 City Council Minutes 17 January 5, 1993 RESOLUTION NO. 93-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRNING THE ENVIRONMENTAL ANALYSIS AND APPROVING A ONE-YEAR EXTENSION OF TIME FOR A TENTATIVE TRACT WHICH ALLOWS 55 SINGLE FAMILY LOTS ON 14 GROSS ACRES. CASE NO. TT 26148 ROBERT WRIGHT/AMCOR REALTY FUND III EXTENSION OF TINE *1. It was moved by Councilmembers Sniff/Perkins that Resolution No. 93-3 be adopted as recommended. Motion carried with Councilmember Bangerter abstaining. Council recessed to Redevelopment Agency Neeting. Council reconvened to regular session. STUDY SESSION 1. DISCUSSION OF DRAFT TRAVEL AND EXPENSE POLICY. Councilmember Sniff referred to the reference to spousal expenses and felt that the word implicit" should be eliminated that it should be explicit" only. Councilmember Perkins felt that the proposed expense forms are too complicated and asked that some thought be given to simplifying them. He also felt that the transportation" section needs to be further broken up. Councilmember Perkins also felt that approval by the full Council" should be replaced with approval by the Council." Mr. o'Reilly, Finance Director, advised that this policy will be presented to the Council for adoption at the next regular meeting. DEPARTMENTAL REPORTS Mrs. Juhola, City Clerk, reminded the Council of the Albertson's Grand opening on January 6th at 7:45 A?M. BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02 1 City Council Minutes 18 January 5, 1993 Mr. O'Reilly, Finance Director, briefly reviewed the Consultant's report on the Parcel Audit. APPOINTNENT TO COMMUNITY SERVICES COMMISSION MOTION It was moved by Councilmembers Sniff/Bangerter that Michael Mccartney be appointed to the Community Services Commission to fill the vacancy to expire June 30, 1993. Motion carried unanimously. MINUTE ORDER NO. 93-10. CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Iowa Trust Parc La Quinta Settlement Request for Extension b. Discussion of pending litigation pursuant to Government Code Section 54956.9(a) Coachella valley Joint Powers Insurance Authority Settlement Decision C. Discussion of negotiations pursuant to Government Code Section 54956.8 Authorization to Purchase Parcel from Fred and Norma Stone for Right-of-way Necessary for Proposed Assessment District 92-1 Improvements. Council reconvened with no action being taken. There being no further business, the meeting was adjourned to Thursday, January 7, 1993 at 9:00 A.M. for Closed Session pursuant to Government Code Section 54957 to discuss recruitment of City Manager. f;ll? submitted, SA JU??ity Clerk City of La Quinta, California BIB] 01-20-96-U01 11:00:47AM-U01 CCMIN010593-U02