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1993 05 04 CC Minutes# LA QUINTA CITY COUNCIL MINUTES MAY 4, 1993 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M. by Mayor Pena. PRESENT: Council Members Bangerter, Mccartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Hunt, City Manager, asked that a Study Session item be added to allow a presentation by Mr. Arguellas, an applicant for the Investment Advisory Board. He also advised that some late correspondence has been received. MOTION It was moved by Council Members Sniff/Bangerter to add a presentation by Mr. Arguelles to the Study Session agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members SnifflBangerter that the Minutes of April 20, 1993 be approved as submitted. Motion carried unanimously. PRESENTATIONS Council Member Perkins presented the newly-appointed City Manager, Robert L. Hunt, with a gift and the Council welcomed hirn to the City. Mayor Pena presented leslie Mouriquand-Cherry, Associate Planner, with a plaque expressing appreciation and congratulations for having been named Employee of the Month for the month of April. ANNOUNCEMENTS None PUBLIC COMMENT None BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 2 May 4, 1993 WRITThN CORRESPONDENCE a. Letter from La Quinta Chamber of Commerce regarding College of the Desert's Regional Business Assistance Center. b. Letter from Robert Tyler regarding improvements to Fred Waring Drive and Las Vistas. C Letter from Heidi Dearden asking for fmancial assistance to participate in an International Cross Country Meet in Sidney, Australia. d. Letter from July 4th Greater Desert Fireworks asking for sponsorship of 1993 4th of July fireworks. All correspondence was received and filed. BUSINESS SESSION ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON CONDITIONAL USE PERMIT 93-006 TO ALLOW CONSTRUCTION OF A SINGLE-STORY FAST FOOD RESTAUAANT TACO BELL) IN A C-P-S ZONE LOCATED +900' WEST OF ADAMS STREET, ON THE NORTH SmE OF HIGHWAY 111 IN THE 111 LA QUINTA CENTER. APPLICANT: FANCHER DEVELOPMENT SERVICES, INC. Mr Trousdell, Associate Planner, described the site of the proposed project Taco Bell Drive-Thru Restaurant) and advised that the access is from a signalized driveway into the center. The drive-thru lane transitions around the southerly portion of the building. The building is 2,O(X) sq. ft. with indoor seating no out-door seating). Supplemental landscaping and parking surrounds the building. Mr. Trousdell noted that the Specific Plan for the 111 La Quinta Center designates only three drive-thru facilities. One Carl's Jr.) has already been approved, so there will be one pad site remaining if this one is approved. One additional condition of the Specific Plan is that drive-thrus be processed as a Use Permit and that they have two service windows. The Design Review Board reviewed the project in April and made some minor changes to the project. The Planning Commission has also reviewed the project and approved it with a modification to the roof-line so that the sides of the facia would tie into the building. He briefly reviewed the other minor changes made by the Planning Commission regarding signage and landscaping. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 # City Council Minutes 3 May 4, 1993 In response to Council Member Bangerter, Mr. Trousdell advised that once the Highway 111 improvements are made, then the concerns of SunLine should be mitigated In the meantime, they will be going into the Center for servicing. In response to Mayor Pena, Mr. Trousdell advised that the corporate colors have been deleted and they will be using the Center's colors. Council Member Sniff asked if the traffic flow has been analyzed and determined that there are no problems and Mr. Trousdell advised that staff believes that moving the menu board down from its' present location and getting a minirnum of four vehicles stacked beyond the ordering board that it should be acceptable. Mayor Pena advised that he will remain consistent and vote against the proposal because of the drive-thru as he's never believed that they're appropriate at that location. He didn't believe that adequate stacking is being provided and they will end up blocking the drives. Council Member Sniff said he didn't have a problem with drive-thrus, but was concerned about there being adequate stacking. He then asked where the additional cars beyond four would stack and Mr. Trousdell advised that they would have to use the parking lot. There are about 28 parking spaces on their site. Council Member Sniff suggested that in the future, there be more attention paid to stacking and line of flow. Mayor Pena pointed out that when the Center was first approved, drive-thrus were not permitted and now we're trying to put them where they were never intended. Council Member McCartney felt that the applicant has done a great job given the space constraints they have, but it's a real cramped operation. He referred to Condition 13 and asked where the future flag-pole would be and height. Mr. Trousdell pointed out the location advising that the building is about 22' high and the flag-pole would be about twice the height of the building. According to the City Code, anything over 18'-20' is subject to review by the Planning Commission during the application process. In further response to Council Member McCartney, Mr. Trousdell advised that there is a trash facility located on the westerly portion, on the north-side parking lot. There is a condition requiring a second enclosed trash facility if and when recycling becomes a requirement. He noted that staff is currently working on a design standard for these facilities. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 4 May 4, 1993 Council Member Sniff expressed concern about the number of vehicles which can be stacked as opposed to the number of parking spaces and questioned the percentage of walk-in customers versus drive-thru. SCOTT DUNNNER, representing Taco Bell Corp., advised that they are in agreement with the conditions of approval. He then reviewed the drive-thru lane advising that there is stacking sufficient for eight cars in the lane itself with space for an additional nine before they get in the lane and begin impacting it. This is consistent with about 90% of the Taco Bells they ve developed across the country. The 28 parking spaces are more than adequate. Regarding the trash enclosure, they have designed a 10 x 10 enclosure. Waste Management has advised that they are working on the design for the future and the customers will be subject to whatever design they arrive at. Regarding the percentage of drive-thru versus walk-in customers, it's about 60/40 with 60% being drive-thru. These percentages shift throughout the day. They accommodate 68 people inside the restaurant, which is the smaller of their two designs. The expanded version is about 400 sq. ft. larger. The hours of operation will typically be 10:00 A.M. to midnight. MOTION It was moved by Council Members Sniff/Bangerter to accept the report of the Planning Commission action on Conditional Use Permit #93-006 to allow construction of a single-story fast-food restaurant with drive-thru facilities Taco Bell) in a C-P-S Zone located +900' west of Adams St. on the north side of Highway 111 in the 111 La Quinta Center subject to conditions. Motion carried with Council Member McCartney and Mayor Pena voting NO. MINUTE ORDER NO.93-110. 2. CONSIDERATION OF AUTHORIZATION TO CALL FOR BIDS FOR WHITEWATERIWASHINGTON STREET BRIDGE WIDENING. Mr. Speer, Ass't. City Engineer, advised that the plans call for the widenihg of the Whitewater Bridge to carry two lanes of traffic in each direction. Ultimately, it will carry seven lanes of traffic. As the street improvements north and south get to their ultimate configuration, we will re-stripe the bridge and it will carry three lanes of traffic in each direction with a center-turning lane. The project was designed by the engineering firm of Daniel, Mann, Johnson & Mendenhall of Los Angeles. The estimated cost of the project is $3.8 million. The funding sources are: Measure A 48.7% S.B. 300 15.4% Riverside County 2.8% Caltrans 0.6% RDAArea2 32.5% BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 5 May 4,1993 In response to Council Member Perkins, Mr. Speer advised that the improvements widening to four lanes) will extend northerly to Miles Avenue and the County is proceeding with signalization of the Washington/Miles intersection. Ms. Honeywell, City Attorney, advised that there are two findings which need to be made relative to the public benefit to Project Area No.2 and that there are no other funds available for this project. Staff will bring back a resolution for Council's adoption at the next meeting. MOTION It was moved by Council Members Sniff/McCartney to authorize staff to advertise for construction bids for the Whitewaterlwashington Street Bridge Widening and finding that the project is of public benefit to Project Area No.2 and that there are no other funds available for this project. Motion carried unanimously. MI?? ORDER NO.93-ill. Mayor Pena asked that all the businesses in that area be kept informed of this progress of this project. Mr. Speer noted the plans call for a 240-day construction time and that two lanes of traffic will remain open during the construction. 3. CONSIDERATION OF CABLE TELEVISION CONSULTING SERVICES RFP FOR NEGOTIATION OF CONTRACT RENEWAL WITH COLONY CABLEVISION PROVIDENCE JOURNAL TELECOMMUNICATIONS, INC.). Mrs. LiCalsi, Administrative Analyst, advised that several months ago, as part of the cable contract, we agreed that we would renew the contract by Spring 1995. She noted that there will be $30,000 budgeted in the 1993-94 FY; however, the costs will be on the table for negotiation. It is customary in the field, that these costs be paid by the cable company. Council Member Sniff asked if the City's legal firm could handle these negotiations and Ms. Honeywell advised that it would depend on the type of consultant we obtain whether they would feel comfortable being the sole legal counsel. If they don't have adequate legal capability, then she would recommend special legal counsel experienced in cable franchise matters. Council Member Sniff believed that we need to do as much work as we can with our own firm. Ms. Honeywell reiterated that the City will be insisting that all costs be borne by the cable company. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 6 May 4, 1993 Council Member Sniff also expressed concern with the proposed length of 15 years he felt that it should be for a shorter term. He also referred to the composition of the selection committee and felt very strong that two Council Members should be on the negotiating committee. Council Member Mccartney expressed concern with an open-ended $30,000 that we should be definite about the cost. He agreed that we need technical expertise, but also felt that we should utilize 100% of the City's resources before we spend money elsewhere. Mrs. LiCalsi noted that after the RFP s come in, they will be presented to the Council so they will have the final say regarding the cost. Mayor Pena noted that the cable franchise in other cities are also coming due and perhaps we should look to see what they negotiate. He agreed that we should do it in-house as much as possible. Council Member Mccartney also wished to see us look at what other cities are doing and pool resources. Additionally, he suggested that since we are not tied to the current provider, why not have a parallel discussion going on with another provider. MOTION It was moved by Council Members Sniff/Bangerter to approve the request for proposal for cable television consulting services for negotiation of contract renewal with Colony CableVision Providence Journal Telecommunications, Inc.) and authorize staff to proceed with the bid process for acquisition of professional services and that two Council Members will serve on the selection committee the two to be decided at a later date). Motion carried unanimously. MINUIE ORDER NO.93-112. 4. RECONSmERATION OF ACTION RELATIVE TO AUTHORIZING BONDED COPY SERVICE TO COPY RECORDS SEIZED BY THE DISTRICT ATTORNEY'S OFFICE. Ms. Honeywell, City Attorney, advised that the Council previously authorized her to obtain copies of everything the District Attorney's office seized. However, since that time, after discovering the number of documents there are to copy, the cost will be closer to $10,000 rather than $5,000. Therefore, it might seem appropriate to have her para- legal to go in ahead of time and sort through the documents and determine what we need and have those items copied. Using this course, she hoped to continue keeping the cost under $5,000. At the same time, her paralegal will make a complete inventory of records. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 # City Council Minutes 7 May 4, 1993 MOTION It was moved by Council Members Sniff/Perkins that the City Attorney's recommendation for selective copying' of the records seized by the District Attorney S Office be approved. Motion carried unanimously. MINUTE ORDER NO.93-113. 5. CONSIDERATION OF ADOPTION OF RESOLUTION PROTESTING STATE CUTBACKS AGAINST LOCAL GOVERNMENTS. RESOLUTION NO.93-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA PROTESTING THE STATE CUTBACKS AGAINST LOCAL GOVERNMENTS It was moved by Council Members Sniff/Perkins that Resolution No.93-33 be adopted Motion carried unanimously. Mayor Pena asked staff to check into the status of the lawsuit which the City of Aihambra had against the State. 6. SECOND READING OF ORDINANCES: ORDINANCE NO.227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALifORNIA, PREZONING CERTAIN PROPERTY ADJACENT TO THE CITY AS DESCRIBED IN CHANGE OF ZONE 93-073, PURSUANT TO SECTION 65859 OF THE STATE GOVERNMENT CODE. CASE NO. CZ 93-073. It was moved by Council Members Sniff/Bangerter that Ordinance No.227 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTMN: None ABSENT: None BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 8 May 4, 1993 CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED MAY 4, 1993. Council Member Sniff questioned the warrant issued in the name of the Boys and Girls Club and said that his understanding was that they were ready to move forward promptly and understands that they are now planning to move forward in July. In light of this, he asked if it would be appropriate to hold the check until they're ready. Ms. Honeywell believed that they needed these funds in order to get their overall financing. Additionally, the agreement provided that the City would provide the funds within 15 days of execution of the agreement. Mr. Hunt, City Manager, noted that there will probably be an item on the next agenda relative to another request of the Boys and Girls Club and this matter can be wrapped into that. Council concurred on releasing the warrant. MOTION It was moved by Council Members Sniff/Bangerter that the Consent Calendar be approved as recommended. Motion carried unanimously. M?UTE ORDER NO.93-114. STUDY SESSION CWIC CENTER SPACE ALLOCATIONS. Council Member Perkins suggested that the matter of civic center space allocations be continued until after we move in and give staff an opportunity to make recommendations, as they're the ones who are going to have to live with it. Mr. Hunt, City Manager, believed that there's merit to waiting to see how it functions and if that's Council's desire, staff can come back in six months and make any appropriate recommendations for modifications. Alternatively, if Council desires, modifications can be made at this time. Council Member Sniff believed that six months is too long and suggested three months. Council Member McCartney agreed you need to move in and grow accustomed to the space before one realizes if better uses can be made of the space. Certainly, the City BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 # City Council Minutes 9 May 4, 1993 Manager needs to look at the entire organization, space and envjronrnent that the people have to work in and create the best environment for people to succeed and feel comfortable. His only issue in bringing it back up is that he still feels very strongly that we set the wrong impression on sanctifying the City Manager's office with the restroom and that wiU not change in three months. He did not think we should utilize that space as so designed. He had no problem in waiting to see if the whole space can be shifted around in one way or another his single issue is with the City Manager's office. Council Member Sniff suggested that the matter be referred to the City Manager to report back with a recommendation. MOTION It was moved by Council Member Perkins/Mayor Pena that the matter of the Civic Center space allocations be continued for three months after move-in and at that time staff is to bring back recommendations. Council Member Sniff preferred to deal with the one particular issue City Manager's office) up front and defer the remainder of the issue. He wished to put it before the City Manager to come back with recommendations relative to the possibility of shifting city officials one space downward. Council Member Bangerter concurred on getting the City Manager's input. Motion failed to carry with Council Members Bangerter, Mccartney and Sniff voting NO. MOTION It was moved by Council Members Sniff/Bangerter to refer this matter to the City Manager for his recommendations and to report back in two weeks. Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO.93-115. 2. PRESENTATION BY APPLICANT FOR IVVESTMENT ADVISORY BOARD. Mrs. Juhola, City Clerk, advised that at the last Council Meeting, the Council selected nine individuals to make a presentation before the Council and asked that background checks be conducted. During that process it was learned that Jesus Arguelles could not make it on May 18, but could make it today so we accommodated him; therefore, he is present at this time to make his presentation. Mr. Jesus Arguelles commented on his strong desire to serve on the Investment Advisory Board. His intent in serving would be to make recommendations on the City's investment policy in order to strengthen the City's investment practices and procedures. He has been in business for 18 years as a financial advisor and management consultant BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 10 May 4, 1993 for cities and counties. He has also been an employee of Sutro in charge of public finance. He believed that his background would be of benefit to the Board. DEPARTMENT REPORTS City Mana?er Mr. Hunt expressed appreciation for having been selected as the City Manager. He looked forward to serving the City and the City Council. PIaiinIn? and DeveloDment Mr. Herman reminded the Council of the joint study session with the Planning Commission and Design Review Board on May 25th at 7:00 P.M. Public Works Mr. Reynolds advised that the furniture will he installed in the new Civic Center starting June 7th. Regarding Calle Tamp ico, he advised that Bermudas is essentially complete and we now have all the power p?es Out of the way and are looking for completion of Tamp ico in June. MAYOR AND COUNCIL MEMBER ITEMS 1. CONSIDERATION OF AUTHORIZATION TO ORDER ENGINEER'S REPORT FOR ENTIRE PHASE V ASSESSMENT DISTRICT NO.92-i MCCARTNEY). Mayor Pena and Council Member Bangerter advised that they would be abstaining from discussion on this matter due to a conflict of interest and left the dais. Council Member McCartney advised that in the past Council has discussed carving Out a section of the original Phase V area which approximates 40 %-50% of the Cove area that was originally designed and would cost the Agency approximately $3.1 million. In reviewing that, he believed that there must be another alternative. In light of that, he asked Counsel to look into the possibility of doing the entire Phase V area within the Cove over a period of time longer than one year. The City Attorney reported back that to the best of her knowledge, that to do it over a three-year period would be within the bounds of this Council to approve. There would need to be a new Engineer's Report setting forth the cost. This proposal would provide the residents the certainty of knowing that the work is going to be done. Ms. Honeywell, City Attorney, reported that from a legal perspective there is no problem with forming the entire Assessment District with the concept that when bonds BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 11 May 4, 1993 are issued you would anticipate that you would be able to complete the entire project within three years of the time the bonds are issued. The complicating issue to this is that historically, the City/Agency has been coming in at the same time and doing the street improvements. It's the cost of those that has become staggering when looking at the entire Phase V, and is what has given the Council pause in deciding to proceed with smaller portions. She pointed out that the hearing scheduled for May 11th is a continuation of the January 11th hearing and the June 29,1992 hearing. Mr. Speer, Ass't. City Engineer, proceeded to describe the original Phase V boundaries advising that it had an estimated cost of $17.3 million including RDA/assessment/CVWD contributions. He then described the portion of the Phase V that has been discussed to proceed with. He then explained why these areas were selected advising that the rationale was based upon the natural drainage patter of the Cove and the locations of water/storm drain/sewer mains. Consideration was also given to the need to complete major arterials which would serve the largest number of residents. The area known as the Yucatan Peninsula became a high priority because they currently have dirt streets, which have caused a considerable problem during the rains, and also, in the dry months with the dust problem. In response to Council Member McCartney, Mr. Speer advised that we could form the Assessment District and do all of the sewer installation this year and do the street improvements only in the area currently shown. To do only the sewer, we would cut a trench in the pavement, install the sewer, backfill the trench and repave the trench and put a one-inch overlay on the rest of the street. If we were to do that in all of the currently deferred areas, there would be a cost of about $500,000 for street-work. The other alternative is to try to do a three-year contract in which we would phase the future years so that if the RDA had the money, we could do the street improvements along with the sewer improvements. Council Member Sniff expressed concern about there being no guarantee of funds being available in future years for the street improvements and that bidding such a project is going to be difficult for the contractors. He preferred to deal with incremental certainty. However, regarding the proposed configuration, he finds it difficult to defend. He preferred to deal with an increment that is manageable and is a logical progression north of Durango. He wished to see an area inclusive of Obregon as the north/south boundary and doing the Yucatan Area; coming down Montezuma around to where it joins with Tampico because once we tear up the streets, it's cost effective to repair them as they're going to be ultimately. He wished to see us deal with fiscal certainty. He was also concerned about assessing people for sewer that they may not have for three years. Council Member Perkins said that he didn't understand the rationale behind the proposed configuration and found it difficult to defend. He felt that we should look at the Cove as a whole and has detected from the residents discouragement over promises made. He BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 12 May 4, 1993 felt that everyone in the Cove should get the same fair-shake and didn't see it with this configuration. He suggested a progression in a logical manner even if it isn't tied in until a later date. In that way the people will know that the work is being done. Mr. Speer recommended that if this is going to be the Council's desire, that the bids be called off immediately rather than open bids tomorrow and have the contractor's bids exposed. There is also a concern with the ability to prepare a revised Engineer's Report and have the revised plans from both the Engineer and CVWD in time to meet the deadlines. Mr. Joe Kicak, Assessment Engineer, explained that a major trunk line was installed in Bermudas with the first phase which connected with an existing sewer in Desert Club/Cadiz that was the backbone system for everything that has happened. We are now in a situation where this system is over?loaded. He then explained that to carve out a section west of Obregon, the sewer would not be functional because there would be no place to put it until the lines are connected to the Tampico trunk. Also, the storm drains would not be functional until they are completed over to Bermudas. Council Member Sniff suggested proceeding with the area west of Obregon and Yucatan and then dividing the remainder of the Cove into logical engineering increments. Council Member McCartney suggested that if we are going to do something additional that we look at the whole area rather than do a piece of a piece. Regarding the time-frames involved, Mr. Speer advised that we would have to have biddable plans by June 7th with Mr. Kicak advising that the District has to be completed in time to have the assessments on the tax rolls by August 6th. July 31st would be last day of the cash?collection period, so the assessments would have to be confirmed by July 1st. Therefore, the bids would have to be in by June 20th. Mr. Hunt, City Manager advised that a decision would need to be made today so staff will have the ability to put the plans together. He also commented on staff's concern that contractors are going to reticent to bid on this project a third time. John Corolla, Domestic Water Engineer with the Coachella Valley Water District, advised that they have always tried to be responsive to the City. There are currently two sets of plans one for the original assessment district; and one for the new configuration. They would try to be responsive, was didn't believe they could do it in thirty-days with their other obligations. Council Member Perkins wasn't aware that there are two sets of plans. He asked if we can do a section and not tie in until we work our way down can we take the original plans and split it into four sections and put them in one at a time? BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 # City Council Minutes 13 May 4, 1993 Mr. Corolla advised that it can be split, but the plans would still have to be modified. Council Member Sniff believed that we need to move forward with sections which can be completed in full, with the sewer, streets and water. Ms. Honeywell expressed concern that if the bids are not opened and the plans for the revised project don't get completed in time, there may not be a project at all this year. Mr Kicak presented an alternative of looking at the bids tomorrow and see if they are favorable enough that there may be funds left over. Audrey Ostrowsky, P.O. Box 351, La Quinta, felt that the Council is rushing into this and the people feel that if the City can't do it right, then it shouldn't be done at all. They feel that the work should start at Durango and go down. Anything else will provoke a revolution. Council Member Sniff believed that there's time to change the configuration, but didn't want to take a risk and fail. Council Member McCartney reiterated that we can go out to bid on the whole thing as the plans are ready and then choose to do a portion of it, like the area west of Obregon which has been suggested. Council Member Perkins asked if we go to bid on the whole project, are we going to be able to split it into sections, and where will the money come from with a certain amount of certainty over the three-year period. He wished to see something done with the whole Cove his hesitancy was the time-frame. Mr. Corolla clarified that if the City goes to bid on the whole project and then chose to break it down afterwards, the plans will have to be modified. Council Member Sniff asked if his plan can be done the area north of Durango, including Obregon westward, Yucatan area, down Montezuma and inclusive of the Tamp ico area. Mr. Corolla said he cannot promise anything, but they would try. Council Member Perkins suggested keeping the current project alive and moving forward with another. Council Member Sniff didn't wish to do a three-year project he wanted to do it in small increments and suggested the area he outlined. However, he asked if we go to bid on the entire project, can it be bid with alternates for two or three sub-areas and Mr. Speer BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 14 May 4, 1993 advised that it can. Therefore, Council Member Sniff asked that the area he outlined be designated as sub-area No.1. Ms. Honeywell noted that there will be a cost of about $70,000 to revise the Engineer's Report. MOTION It was moved by Council Members McCartney/Perkins to authorize expenditure of approximately $70,000 and direct the engineers to revise the Engineer's Report. Motion carried unanimously. MINUTE ORDER NO.93-116. Council adjourned until 7:00 P.M. PRESENTATIONS None PUBLIC COMMENT None PUBLIC HEARINGS 1. TENTATIVE TRACT 24890-2 AMENDMENT NO.1 AND EA 85-034 FOR CONFIRMATION OF A NEGATIVE DECLARATION) TO CREATE 10 CONDOMINIUM LOTS FROM 7 EMSTING LOTS. AREA BOUNDED BY AVENUE 52 ON THE SOUTH, JEFFERSON STREET ON THE EAST AND CALLE RONDO ON THE WEST. APPLICANT: J. M. PETERS COMPANY. Mr. Herman, Planning Director, advised that the applicant is proposing to create three new lots out of an existing seven lots for a total of ten. These lots would be used for the development of 97 air-space condominiums. There is no change proposed in acreage, or number of units. Access and circulation will not be affected by this amendment The Planning Commission has conducted a public hearing and recommends approval of the request. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 15 May 4, 1993 RESOLUTION NO.93-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVAL OF TRACT NO. 24890-2, AMENDMENT #1 TO CREATE 10 CONDOMINIUM LOTS ON 19.49 ACRES CASE NO. TT 24890-2, AMENDMENT #1- J. M. PEThRS COMPANY. It was moved by Council Members Sniff/Bangerter that Resolution No.93-34 be adopted as submitted. Motion carried unanimously. 2. STREET VACATION 93-024- A REQUEST TO VACATE THE SOUTH HALF OF CALLE TAMPICO FROM EISENHOWER DRIVE TO ITS WESTERLY ThRMINUS. APPLICANT: CITY OF LA QUINTA. Council Member Bangerter advised that she would be abstaining due to a conflict of interest and left the dais. Mr. Herman, Planning Director, advised that the matter before the Council is a request to vacate the south half of Calle Tampico west of Eisenhower and east of Obregon. If the street is vacated, then several streets Carranza, Ramirez, Vallejo, Herrera and Velasco) are proposed to be cul-de-saced at their intersection with Tampico. The Planning Commission has found that the vacation would not be detrimental to the City's General Plan Circulation System. Notices were sent to all property owners within 1,500'. Additionally, a notice was published in the paper and the street was posted as required by State law. He concluded his report in saying that some late additional information has been obtained regarding the increase in property taxes to the property owners involved in the vacation and proceeded to distribute it. In response to Council Member Perkins, Mr. Speer advised that if Tampico is constructed, it would be 36' with parking on both sides and it would increase to 40' as it approaches Eisenhower. The Mayor declared the PUBLIC HEARING OPEN. Scott Russell, 51-225 Velasco, spoke in favor of the vacation but something has to be done about Montezuma there needs to be traffic control at that intersection. Bobbie Stanford, 51-863 Obregon, expressed concern about not being included in the area being proposed for Phase V improvements. She requested that aU of Phase V be completed as originally planned and that the vacation of Tampico not be approved until the funds are available and until the issues surrounding Phase V be resolved. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 16 May 4, 1993 Jack Spoelder, 51-200 Carranza, spoke in favor of the vacation and of the cul-de-sacing of the streets. Kevin Martin, 33-971 Westchester Dr., Thousand Palms, owns property in the area proposed for vacation. He said that there will be increased traffic on Montezuma due to the closure of Tamp ico, but it will be well-worth the benefits derived from the vacation. He believed that property values will be increased. W. H. McGaugb, 51-277 Eisenhower, had no objections to the closure of Tampico, providing that adequate traffic control will be installed at Montezuma/Eisenhower. He also suggested that Montezuma around the park be made one-way on each side. Betty Cooper, 51 I 4 Herrera, expressed concern about the length of the proposed cul- de-sacs and whether or not the ends will be wide enough to accommodate fire trucks. She also questioned where the culs will drain. She suggested that the matter be tabled until these issues are resolved. Audrey Ostrowsky, P.O. Box 351, La Quinta, presented the Council with a petition opposing the vacation of Tamp ico. She said that she was opposed to vacating streets and that many people use that portion of Tampico. Howard Mattson, 51-735 Velasco felt that the citizens have not been adequately notified of these proceedings. He believed that the street should be vacated, but that the City should study the traffic problem more thoroughly and do more planning. Jack Wilson, 51-030 Herrera, spoke in favor of the closure of Tampico the cul-de-sacs would provide for a safer environment for the children; will close six through streets; and will increase property values. This proposal will result in another park area for the residents and visitors. Paul Quill, 51-245 Rubio, supported the comments by Mr. Wilson. Bruce Cathcart, 51-001 Eisenhower, reviewed the past history of Tampico. He also referred to the General Plan dictates that this City is to be show-place and that we take every opportunity to enhance the appearance of this area. He didn't believe we would accomplish that by going with another street. Regarding the impact on his business La Quinta Palms Realty) on the corner of Tampico and Eisenhower parking has not been a problem to-date, but if the street is widened as opposed to the cul-de-sacing, they will lose most of their parking and hurt their business. Janet Stone, 51-360 Vallejo, was not opposed to the vacation, but not until the remainder of the Cove improvement project is completed. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 17 May 4, 1993 Jim Cathcart, 51-001 Eisenhower, La Quinta Palms Realty) said they came up with the idea of developing a shared, 19-space parking lot with the City on the corner. Beverly McGaugh, 51-277 Eisenhower, advised that being in a wheel-chair, she Sits at the window a lot and sees a lot of near accidents at Montezuma and Eisenhower and urged that something be done about traffic control in that area. Kim Russell, 51-225 Velasco, spoke in favor of the vacation and of the cul-de-sacs it would enhance that area of the City. Correspondence received and read into the record: Bill Howard, supportive of vacation Henry Griswold, supportive of vacation Richard & Marti Dodson, opposed to vacation Linda Babior, supportive of vacation Anna Woodard, 51-255 Velasco, spoke in opposition to the vacation and cul-de-sacs and that all of the remainder of Phase V should be done or else nothing should be done. THERE BEING NO ONE ELSE WISHING TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Mayor Pena asked Mr. Speer to respond to concerns expressed during the public hearing: Tampico is currently designed at 32' with parking on one side Montezuma is proposed to be 40' wide. If Tampico goes to a full-width street, a small portion about 400 sq. ft.) would have to be removed from the bikepath. There is not a current proposal to move the four-way stop from TampicolEisenhower to Montezuma/Eisenhower, but that can be done if Council so directs staff is planning a remodeling of the Montezuma/Eisenhower intersection on an interim basis until traffic circulation around the park is decided. The cul-de-sacs are being proposed at both City/County standards 38' radius or 76' from one side to the other side this is acceptable to the Fire Department. Storm drainage will be installed at Tamp ico at the end of the cul-de-sac 5. La Quinta Palms Realty will lose parking if the street is built. In response to questions by Council Member Perkins, Mr. Speer advised that regarding making the streets around the park one-way, all property owners around the park were invited to a meeting last Fall and they did not want to commit to a circulation pattern until the disposition of the park is resolved. There are no pedestrian counts for Montezuma. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 18 May 4, 1993 In response to Council Member McCartney, Mr. Speer advised that no matter which way we go, the cost will be the same. The on-going maintenance cost of maintaining the street will be about the same as maintaining the green-belt. Council Member Sniff stated that he had a great sensitivity to vacating streets, but also had a sensitivity to the peoples desires. We need to find a safe solution to access onto Eisenhower. He supported the vacation, but also requested staff to proceed immediately with developing a workable safe solution to the intersection of Montezuma/Eisenhower even if it isn't a permanent solution. Mayor Pena agreed that the main issue is control of traffic and access onto Eisenhower. If we can move that controlled intersection from Tampico to Montezuma then he could support the vacation. Council Member Perkins did not want to see us spend any funds on this until the Cove improvements are completed. He agreed that something has to be done with the intersection of Montezuma/Eisenhower and felt that consideration should be given to making the streets around the park one-way. He wished to see a pedestrian count. He did not support moving the stop from Tampico to Montezuma he believed that the street is busy enough to warrant a stop at both streets. He also wanted to see a 36' street with parking and with it widening out to 40' at Eisenhower. Council Member McCartney supported the observations that have been made. He felt that it's important to get pedestrian counts m order to determine how to make this area safe with safe access to the park. Council Member Perkins suggested using a crossing guard to obtain pedestrian counts. Mr. Speer understood the direction from the Council to be, to proceed with a four-way stop at Montezuma/Eisenhower; improvement costs; and cross-walks and up-date the feasibility of having one-way traffic around the park. RESOLUTION NO.93-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA VACATING THE SOUTH HALF OF CALLE TAMPICO FROM EISENHOWER DRIVE TO ITS WESTERLY TERMINUS. CASE NO. STREET VACATION 93-024. APPLICANT: CITY OF LA QUINTA. It was moved by Council Members Sniff/Perkins to adopt Resolution No.93-35 subject to the recommended conditions and adding Condition No.3 that the vacation will be contingent upon the traffic control at Montezuma/Eisenhower being in place. Motion carried unanimously with Council Member Bangerter absent. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 # City Council Minutes 19 May 4, 1993 3. CONDITIONAL USE PERMIT 93-005, PARCEL MAP 27727, ThNTATIVE TRACT 27728, STREET VACATION 93-025 AND ENVIRONMENTAL ASSESSMENT 93-255 FOR NEGATIVE DECLARATION) WHICH WOULD ALLOW CONSTRUCTION OF AN 18-HOLE GOLF COURSE, AND 65 SINGLE FAMILY RESIDENCES ON 360 GROSS ACRES, LOCAThD SOUTH AND EAST OF LAKE CAHUILLA, AT THE WESTERLY TERMINUS OF KELLER PIT ROAD. APPLICANT: WINCHESTER ASSET MANAGEMENT FOR LA QUINTA GOLF PROPERTIES. Council Member McCartney advised that he would be abstaining from this matter due to a conflict of interest and left the dais. Mr. Sawa, Principal Planner, reviewed the proposed project advising that it consists of 360 acres and described its location. It will consist of 65 single-family homes and an 18- hole golf course. The lot sizes will average 25,100 sq. ft. with the smallest being 21,600 sq. ft. and the largest 40,900 sq. ft. Following is a break-down of the land uses: 250 acres Golf Course 3 acres Club House 3 acres Maintenance Area 55 acres Open Space to be donated to the City) 48 acres Residential Access to the development will be by Keller Pit Road. A section of Boo Hoff trails runs through the project. The applicant has met with the Desert Riders Association and they have come to an agreement that the portion close to the golf course will be relocated with the costs being shared. The applicant has also been working with CVWD on incorporating a water recharge system on-site. Under the Hillside Zoning they are allowed one unit per ten acres. In order to allow the additional 29 units, the applicant is purchasing development rights in conjunction with the 160 acres Section 19) from Lusardi Land. However, the applicant is also processing a Change of Zone and General Plan amendment asking that the residential areas be redesignated to low-density residential and if that is approved, it will negate the need for transfer of development rights. There is also a street vacation planned consisting of a 60' right-of-way running along section lines. The applicant is requesting vacation of these rights-of-way as they exist adjacent to the project. The Planning Cornmission has reviewed this matter and recornmends approval of all the applications. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 20 May 4, 1993 Council Member Perkins asked if any of the streets being proposed for vacation are improved and Mr. Sawa advised not, that they are paper streets. In response to Council Member Bangerter, Mr. Sawa advised that there are no problems with extending utilities to this site Council Member Sniff asked for clarification that there will be no part of the development on the rocks and Mr. Sawa advised there will not be except for one tee on an out-cropping of rock. There will be no golf course in the rocks. Council Member Sniff questioned the plans for flood control and Mr. Sawa advised that the development has been designed so that all water will end up in the gravel pit and is designed to handled a 100-year storm. The pit will hold 21' of water. The homes will be at a level of 30'. Staff is comfortable that there will be no flooding problems. Mr. Speer, Ass't. City Engineer, advised that the hydrology study has not been turned in, but based on the information passed on to the City indicates that the 100-year storm comes up to the elevation of 22' and the elevation of the pads is 30'. The outfall from this subdivision is at elevation 25'. John Shaw, Keith Companies, Engineers for the Applicant, advised that the area was designed for a standard project flood of elevation 27' for this area. To insure that they're protecting themselves from not only a 100-year storm, but also the infinite Storm, it's designed so it has an overflow and will overflow the dike before it floods the homes. Also, surrounding areas will not be threatened because they are taking 90% of the water on-site. In response to Council Member Bangerter, Mr. Sawa advised that Engineering has added a condition to alleviate the concerns of Lake Cahuilla regarding entry. In response to Mayor Pena, Mr. Sawa advised that there is a condition that there be no motorized vehicles on the trail and once it's dedicated, the City can also add that condition. Craig Bryant, President of Winchester Asset Management, development manager for La Quinta Golf Properties, Inc., advised that their plans are to build a world-class golf course designed by the number one rated golf course builder in the world, Tom Fazio. This development will result in the elimination of a gravel pit and will provide for a recharge basin. They will not disturb the mountain areas nor the Bighorn Sheep habitat nor have any negative effect on any archaeological or biological factors. They will deed the mountains above 350' to the City and will provide access to the Boo Hoff Trail and will contribute $3,000 to the trail construction. The Quarry will be one of La Quinta's most prestigious developments consisting of only 65 homes on 360 acres. That's one lot BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 21 May 4, 1993 per 5.5 acres. They will be in total tune with the environment, pay a fair share of major street improvements, put the property back on the tax rolls at an enhanced value at a low density and all the while recharging the water table. The Mayor declared the PUBLIC HEARING OPEN. John Green, 2222 Avenue of the Stars, Los Angeles, advised that he has reviewed the applications and staff report and fully supported the project. Mr. Hoff, 2733 Anza Trail, Palm Springs, said that he is happy with the way Mr. Bryant has handled the Boo Hoff Trail and it's satisfactory with the Desert Riders. He urged that there be proper signing along the trail to protect the horsemen. Jack Becker, 1507 Augusta Plaza Dr., Palm Springs, adjacent property owner, said that this is a dream come true" and gave it his full support. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. A brief discussion ensued in which the Council gave its unanimous support for the project. RESOLUTION NO.93-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION AND OPERATION OF AN is- HOLE GOLF COURSE. CONDITIONAL USE PERMIT 93-005. It was moved by Council Members Sniff/Bangerter that Resolution No.93-36 be adopted as submitted. Motion carried unanimously with Council Member McCartney absent. RESOLUTION NO.93-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PARCEL MAP 27727 TO ALLOW THE CREATION OF A 4 PARCEL SUBDIVISION ON +200 ACRES SITE. CASE NO. PARCEL MAP 27727- WINCHESTER ASSET MANAGEMENT FOR LA QUINTA GOLF PROPERTIES). It was moved by Council Members Sniff/Perkins that Resolution No.93-37 be adopted as submitted. Motion carried unanimously with Council Member McCartney absent. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 22 May 4, 1993 RESOLUTION NO.93-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT 27728 TO ALLOW THE CREATION OF A 65-LOT SUBDIVISION ON A 48.4 ACRE SITE. CASE NO. TT 27728 WINCHESTER ASSET MANAGEMENT FOR LA QUINTA GOLF PROPERTIES). It was moved by Council Members Sniff/Bangerter that Resolution No.93-38 be adopted as submitted. Motion carried unanimously with Council Member McCartney absent. RESOLUTION NO.93-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE PORTIONS OF CERTAIN STREETS, FIXING A TIME AND DATE OF HEARING ALL PERSONS INTERESTED OR OBJECTING TO THE PROPOSED VACATION, PROVIDING FOR POSTING PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTION 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. CASE NO: SV 93-025. It was moved by Council Members Sniff/Bangerter that Resolution No.93-39 be adopted as submitted. Motion carried unanimously with Council Member McCartney absent. 4. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1993/94 TAX ROLLS: a. Abercrombe, Thomas/Doherty, Wm. APN 773-251-020 $187.50 b. Guerrero, Leo APN 769-114-024 $187.50 C. Hagerty, Dale APN 77?055-018 $187.50 d. Kirchgessler, James APN 773-213-004 $187.50 e. Kirchgessler, James APN 773-212-016 $187.50 f. Moore, Mortirner APN 773-275-009 $187.50 g. Rotter, Ronald APN 773-231-006 $187.50 h. San Fernando Swap Meet APN 773-234-007 $187.50 I. Sunrose Properties APN 773-272-019 $187.50 j. Ted E. Werner APN 769-115-013 $187.50 Mr. Hartung, Building and Safety Director, advised that Ted E. Werner has paid the cost of abatement and asked that he be removed from the Resolution. BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02 #City Council Minutes 23 May 4, 1993 The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.93-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR THE COLLECTION ON TAX ROLLS OF CERTAIN PROPERTY FOR THE COST OF ABAThMENT OF PUBLIC NUISANCE. It was moved by Council Members SnifflMcCartney that Resolution No. 9340 be adopted as amended. Motion carried unanirnously. Council recess to Redevelopment Agency Meeting. Council reconvened. CLOSED SESSION a. Discussion of personnel pursuant to Government Code Section 54957 Personn? Manning Schedule b. Discussion of on-going litigation pursuant to Government Code Section 54956.9 Iowa Trust International Treasury Management/Denman The Council reconvened with no action being taken. There being no lurther business, the meeting was adjourned. Re tfuuy submitted UNDRA L CItY Clerk City of La Quinta, California BIB] 01-20-96-U01 01:14:42PM-U01 CCMIN050493-U02