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1993 09 21 CC Minutes LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 21, 1993 Regular meeting of the La Quinta City Council was called to order at 3:00 P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Mccartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Hunt, City Manager, commented that the Council has received supplemental memoranda from staff relative to Correspondence a) and Public Hearing No.3, and a copy of an Urgency Bill signed by the Governor, SB 428, which pertains to Public Hearing No.2. MOTION It was moved by Council Members Sniff/Bangerter that the memoranda for Correspondence a) and for Public Hearing No.3, and SB 428 pertaining to Public Hearing No. 2 be added to the agenda, noting that the need to take action arose after the posting of the agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of March 16, 1993; May 11, 1993; May 25, 1993; June 22, 1993; June 29, 1993; July 6, 1993; August 3, 1993; August 17, 1993; August 24, 1993; and September 7,1993 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Tom Hartung, Building & Safety Director, with a plaque expressing the City's appreciation for being chosen Employee of the Month" for July. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 2 September 21, 1993 Mayor Pena presented to Mr. Herman, Planning Director, on behalf of Betty Sawyer, Department Secretary, a plaque expressing the City's appreciation for Mrs. Sawyer being chosen Employee of the Month" for August. PUBLIC COMMENT Garry Hopkins, 45-995 Dune Palms Road, commented that he had not realized for the past few years that he has been paying assessments of $1,450 toward the Lighting and Landscape District and questioned the procedure to receive a refund. He also asked if there would be any repairs in the near future to Dunes Palm Road at the wash. Mayor Pena commented that he would direct staff to look into this and have them report back to him by the next Council meeting. In response to Mr. Hopkins, Mr. Hunt, City Manager, advised that the City has requested funds from the Federal Government's Disaster Relief Fund to repair Dune Palms Road at the wash. The City is in the appeal process in hopes of convincing FEMA that repairing this road would be cost effective for the City and the Federal Government. Daniel Bresnahan? 79-150 Camino Del Oro, commented that he was very upset with the Planning Commission's attitude during the Quinterra matter and requested that their behavior be dealt with accordingly. Rebecca and Judy Ann Moreno, 50-825 Calle Rondo, asked the City Council for a donation to the La Quinta Middle School Band for new uniforms so they can participate in concerts and competitions. Council concurred in placing this request on the next City Council agenda. Audrey Ostrowsky, P.0.351, commented that the residents of La Quinta are in agreement that the lower Cove should also have streets and curbs. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 3 September 21, 1993 Wally Reynolds, 79-860 Fiesta Drive, President of the Friends of the Senior Center, stated that they wish to begin raising funds to furnish the new Senior Center and plan to begin at the time of groundbreaking and asked when that is planned. Mayor Pena advised that the Senior Center will be discussed later in the meeung. Rupert Yessayian, P.O. Hox 251, commented that the commercial property owners wish to see implementation of the original Specific Plan for The Village, because changing the streets around the park as a temporary measure would undermine the original Specific Plan. He asked that this issue be opened for public comment before making a decision. He also suggested that the City Council restrict the business hours of Circle K and/or require that they provide a security guard. He also suggested that the City provide more police patrol to help eliminate further crimes from occurring. Rick Morris, 51-525 Juarez, questioned how the traffic around the park will be directed when construction is underway. He expressed concern on how a one-way street would affect his business and asked that the City study this matter further before moving forward. Council Member Sniff asked that the matter of one-way streets around the park be placed on the agenda of October 5, 1993 for reconsideration due to the concern shown by the property owners in this area. Council Member Mccartney felt that because this is not a final solution, it should continue as planned, because his overall concern was for the safety of the children. Council Member Perkins concurred that safety is his main concern. This plan is also the least expensive and should be tried on a trial basis. Audrey Ostrowsky, P.O. Box 351, stated that she had been advised by counsel that during Study Session, the City Council cannot make a decision. Therefore, the park issue cannot be implemented until handled properly. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 4 September 21, 1993 wRI?ThN CORRESPONDENCE a. Petition from residents of Yucatan Peninsula area regarding creation of cul-de-sacs. In response to Council Member Sniff, Mr. Hunt, City Manager, advised that the proper course of action to bring this before the City Council would be to direct staff to proceed with the review of cul-de-sacing of streets. Council Member Sniff requested that the request for cul-de-sacs in the Yucatan area be placed on the next agenda. In response to Council Member Mccartney, Mr. Speer, Ass't. City Engineer, advised that there are standards set for the cul-de-sacing of streets geometrically regarding size and length. Council concurred in placing this matter on the next City Council agenda. b. Letters from residents of Rancho Ocotillo regarding proposed Forecast Homes. Noted and filed. C. Letter from Sharon Kennedy resigning from the Community Services Connnission. MOTION It was moved by Council Members Sniff/Bangerter that Sharon Kennedy's resignation from the Community Services Commission be accepted with regret. Motion carried unanimously. MINUTE ORDER NO.93-176. Council Member Bangerter requested that the matter of appointment be placed on the next City Council agenda for discussion before filling the vacant position. d. Letter from Indian Wells Garden and Community Club, Inc. regarding a fundraiser for the YMCA of the Desert Child Care Program at Eldorado Polo Club on November 6, 1993. Noted and filed. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 5 September 21, 1993 BUSINESS SESSION 1. CONSIDERATION OF SPECIAL ADVERTISING DEVICES SAD 93-031) FOR THE 1993 LA QUINTA FINE CRAFTS, WINE AND ALL THAT JAZZ EVENT AT THE DOWNTOWN COMMUNITY PARK NOVEMBER 26-28, 1993. APPLICANT: LA QUINTA ARTS FOUNDATION. Mr. Herman, Planning Director, advised that the La Quinta Arts Foundation has requested temporary special advertising devices for advertising and providing direction throughout the City for the Fine Crafts, Wine and All That Jazz event. Because this is a non-profit organization, staff recommended that the fees be waived. MOTION It was moved by Council Members SnifflMcCartney to approve the La Quinta Arts Foundation request for special advertising devices for the 1993 La Quinta Fine Crafts, Wine and All That Jazz event subject to conditions and waiving the fees of approximately $180. Motion carried unanimously. M?ORDER 93-177. 2. REPORT OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 93- 016 FOR THE LA QUINTA SCULPTURE SCHOOL AND PARK LOCAThD AT 57-325 MADISON STREET. APPLICANT: BERNARD GOUTHIER. Council Member McCartney abstained due to a conflict of interest and left the dais. Mrs. Mouriquand-Cherry, Associate Planner, reviewed staff's report and presented site and elevation plans. She noted that the applicant is proposing to construct an art school building, an outdoor sculpture garden and children's area, a gallery building, and parking lot on a 20-acre parcel located on Madison Street, north of Avenue 58. A designated area for special outdoor events is planned for charitable organizations and private or public functions. Currently existing on the property, is a single-family home that is to be partially con-verted into administrative offices, a two-acre lake, a gated entryway, landscaping, and a concrete tree-lined driveway. The proposed project will be constructed in two phases. The two-story art school will be located on the southwest corner of the property and constructed in two phases the first phase, a classroom accommodating 20 students and an upstairs caretakers unit and the second phase, a workshop and storage area. The proposed 4,000 sq. ft. art gallery with a small theater is to be constructed during the second phase. The main parking lot will be constructed in two phases. Because the driveway is too narrow, students will be shuttled from the parking lot to the school. Public access will be provided off of Madison Street to the parking lot. For emergency purposes, access at the southeastern and north-eastern corners of the property will provide secondary access for emergency vehicles. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 6 September 21, 1993 Staff recommended approval of the Negative Declaration of Environmental Impact and the report of action taken by the Planning Commission. Mayor Pena commented that he had concerns about the emergency access gate eventually being left open for off-site parking instead of using the shuttle service during school hours and special events, especially when traffic increases over the years. He also questioned security measures and hours of use during special events. In response to Mayor Pena, Mrs. Mouriquand?Cherry advised that during special events, overflow parking will be out in the open grassy areas. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that a public hearing would have to be set in order for any changes to be made. In response to Council Member Bangerter, Ms. Honeywell advised that the condition requiring the emergency gate to remain locked can be enforced by the City if violated. Mayor Pena asked that this matter be set for public hearing. MOTION It was moved by Council Members Sniff/Bangerter to set Public Use Permit 93-016 for a Public Hearing on October 19, 1993. Motion carried unanimously with Council Member McCartney absent. MINUTE ORDER NO.93-178. 3. CONSIDERATION OF REQUEST TO SOLICIT BIDS FOR THE REPAIR OF TENNIS COURT LIGHTING AT FRITZ BURNS PARK. Mayor Pena abstained due to a conflict o? interest and left the dais. Mr. Bohien, Parks and Recreation Manager, advised that the eight tennis courts at Fritz Burns Park receive consistent use, and because of this, Council Member Bangerter requested that the lights on courts one through four be repaired sooner than planned. The repairs are estimated at $10,400 and will be part of the Fritz Burns Park Phase I improvements. Staff requested authorization from Council to advertise bids for the repair and refurbishment of the court lighting system on courts one through four for night use. Council Member Bangerter asked if the repairs could be completed in a more timely manner if approved by Council. Mr. Genovese, Ass't City Manager, advised that the City is required to follow the bidding procedure. In response to Council Member McCartney, Mr. Bohlen advised that they do not have an estimate of the operating costs, however, an organization who installs these lights advised that the approximate cost would be $2,500 or $3,000 per year for the four tennis courts. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 7 September 21, 1993 MOTION It was moved by Council Members BangerterlMccartney to direct staff to solicit bids for the repair of tennis court lighting at the Fritz Burns Park. Motion carried unanimously with Mayor Pena absent. MINUTE ORDER NO.93-179. 4. CONSIDERATION OF AWARD OF CONSULTING CONTRACT FOR THE JEFFERSON STREET ALIGNMENT STUDY TO THE KEITH COMPANIES. Council Member McCartney abstained due to a conflict of interest and left the dais. Mr. Speer, Ass't. City Engineer, advised that a Selection Committee made up of Council Member Bangerter, Council Member Perkins, the City Manager, and the Public Works Director has recommended The Keith Companies to perform the Jefferson Street Alignment Study. Council has received a proposed contract in the amount $91,196, which is a time and materials, not-to-exceed amount. While the City is sponsoring the project, it will be 100% paid by The Quarry developers. MOTION It was moved by Council Members Sniff/Bangerter to award a contract to The Keith Companies to prepare a street alignment study of Jefferson Street between Avenue 58 and Avenue 62 subject to receipt of $91,196 from the developer of The Quarry Project. Motion carried unanimously with Council Member McCartney absent. MINUTE ORDER NO. 93-180. 5. CONSIDERATION OF AWARD OF CONTRACT FOR SENIOR CENTER SITEWORK. Mr. Reynolds, City Engineer, advised that the original bid for the Senior Center included both the building and sitework. At the August 3, 1993 City Council meeting, Council awarded the contract for the building only and directed staff to solicit bids once again on the sitework portion of the project. One bid was received from James T. Dunphy Company who was awarded the contract for the building. After review of his proposal, staff found the bid to be reasonable and recommended proceeding with award of the contract to James T. Dunphy Company for the sitework at the Senior Center in the amount of $393,899 and authorize allocation of $315,387 from the Infra-structure Fund to the Senior Center Project Fund as there are not sufficient funds in the project budget to cover the entire cost. There has been a reduction of approximately $200,000 in costs due to the revisions. MOTION It was moved by Council Members Sniff/McCartney to award the contract to James T. Dunphy Company in the amount of $393,899 for the Senior Center sitework and authorize allocation of $315,387 from the Infrastructure Fund to the Senior Center Project Fund. In response to Mayor Pena, Mr. Reynolds advised that after the Phase V contractor installs the storm drain around the site, then the notice to proceed with building the BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 8 September 21, 1993 Senior Center will be issued to Mr. Dunphy. Groundbreaking would be anticipated in approximately four weeks. Motion carried unanimously. MINUTE ORDER NO.93-181. 6. CONSIDERATION OF AWARD OF CONTRACT FOR LANDSCAPING MAINTENANCE OF AVENUE 54, MADISON STREET, AVENUE 52, AND JEFFERSON" STREET. Mr. Reynolds, City Engineer, advised that three bids were received for landscaping services of medians in Avenue 54, Madison, Avenue 52, and Jefferson with one bid being non-responsive because a bid bond was not included. Mentone Turf Supply was the lowest bidder in the amount of $55,992.96. The budgeted amount for these projects in the 1993-94 Lighting and Landscaping budget was $65,000. In response to Council Member Bangerter, Mr. Reynolds advised that Mentone Turf Supply is currently under contract with the City for maintenance services and is doing a good job. In response to Council Member McCartney, Mr. Reynolds explained the purpose of posting a 10% bid bond. MOTION It was moved by Council Members Sniff/Bangerter to award the contract to Mentone Turf Supply in the amount of $55,992.96 for landscape maintenance services for Avenue 54, Madison Street, Avenue 52, and Jefferson Street. Motion carried unanimously. MINUTE ORDER NO.93-182. 7. CONSIDERATION OF AWARD OF CONTRACT FOR LANDSCAPING MAINTENANCE OF EISENHOWER, AVENUE 50, AND AVENIDA LA FONDA. Mr. Reynolds, City Engineer, advised that there were no funds budgeted for this project in the 1993-94 Landscape and Lighting District budget because the median islands at Eisenhower, Avenue 50, and Avenida La Fonda were maintained by City staff. Landscaping for the Civic Center was to be maintained under a contract, but after further consideration, staff felt that it should be maintained by staff to ensure high quality of service and to maintain the median islands under a contract. Three bids were received with one non-responsive because a bid bond was not included. Staff recommended awarding the contract to the lowest bidder, Mentone Turf Supply, in the amount of $11,400, and authorize a transfer of $30,000 from the Civic Center Building Operations account to the Landscape and Lighting account. There would be a savings of $18,000. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 9 September 21, 1993 In response to Council Member Perkins, Mr. Reynolds advised that the area to be maintained on Eisenhower Drive would be from the top of the Cove to where the landscaping ends and also at Eisenhower between Montezuma and Tamp Tampico. MOTION It was moved by Council Members Sniff/Mccartney to award the contract to Mentone Turf Supply in the amount of $11,400.00 for landscape maintenance services of Eisenhower Drive, Avenue 50, and Avenida La Fonda and authorize the transfer of $30,000 from the Civic Center Building Operations account to the Lighting and Landscaping account. Motion carried unanimously. MINUTE ORDER NO.93-183. 8. CONSIDERATION OF THE CREATION OF A LA QUINTA VOLUNTEER PROGRAM. Mr. Bohien, Parks and Recreation Manager, advised that in August, the Council directed staff to further study the idea of developing a volunteer program. He presented a handbook entitled La Quinta Volunteer Effort," which is patterned after the volunteer program in Riverside. The concerns expressed by the Council previously have been addressed in the handbook. He noted that a $2,000 budget has been established, which would have to come from the Contingency Account. In response to Council Member McCartney, Ms. Honeywell, City Attorney, advised that she reviewed this program when she reviewed the agenda packet, noting that the program was well designed and addressed any concerns she may have had. In response to Council Member Sniff, Mr. Bohlen explained the proposed budget noting that staff time required to train the volunteer has not been calculated. However, he pointed out that the intent is that eventually, through retention of the volunteers over a period of time, that staff time will be overwhelmed with the amount of volunteer time and the contributions made. He also noted that Mr. Bernard has expressed a willingness to direct the program as a volunteer. Council Member Sniff was not opposed to the program, but was concerned that it will work and not displace regular City employees or that we spend a disproportionate amount of regular City staff time to train a volunteer to do something that a regular staff person could do. Mr. Bohlen, advised that he has talked to employees as well as the Employees Association and they were very supportive of the program, as it would allow them to shift some minor tasks to the volunteers, thereby freeing up their time for more immediate concerns. Council Member Sniff stated that he would agree to support this program provided that a monthly report be submitted to Council documenting the number of volunteers, hours worked per department, and the tasks performed so they may evaluate its effectiveness. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 10 September 21, 1993 He suggested that this program be placed on a six month trial basis. Council Member McCartney felt that a program of this magnitude should be placed on a one-year trial basis. In response to Council Member McCartney, Mr. Bohlen advised that the City of Oakland, which is comparable to Riverside, had approximately 540,000 volunteer hours which estimated at approximately $4 million. Council Member Bangerter thanked Mr. Bernard for his willingness to give his time and effort to this program. She was very supportive of involving citizens within the community. She felt that the Employees Association's input was very important and expressed her appreciation to staff for a complete and well-done report. Mayor Pena believed that during a troubled economy, citizens are watching to see how government costs can be reduced and by implementing this program, it would help supplement the employees, not replace them. He commented on volunteer programs being used in other organizations such as hospitals and thanked Mr. Bernard for stepping forward and offering to administer this program. He also concurred that this program should be placed on a one-year trial basis. Council Member Perkins felt that it's an excellent program and agreed that an annual review should be implemented, noting that they would be receiving monthly reports. MOTION It was moved by Council Members Sniff/McCartney to approve the creation of a City of Quinta Volunteer Program as presented and to allocate $2,000 to fund it. Motion carried unanimously. MINUTE ORDER NO.93-184. 9. CONSIDERATION OF APPROPRIATION FOR ADDITIONAL PRINTERS. Mr. O'ReilIy, Finance Director, advised that with the move into the new Civic Center, a need arose for three new laser printers because there had been minor problems with the capabilities of existing computer equipment. He commented that this request was in line with the future needs of the City and funds are currently budgeted for this expense. Staff recommended approval of this request and that the funds from the account created for the move to the Civic Center be transferred to the Civic Center Capital Equipment account. In response to Mayor Pena, Mr. O'Reilly advised that there is no place in La Quinta to purchase this equipment but it will be purchased within the Coachella Valley. MOTION It was moved by Council Members Sniff/Bangerter to approve the purchase of three laser printers at an estimated cost not to exceed $2,100 and the required appropriation transfer. Motion carried unanimously MINUTE ORDER NO.93-185. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 11 September 21, 1993 10. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER 92-1-01 FOR COMPLETION OF STORM DRAIN FACILITIES. Mr. Speer, Ass't. City Engineer, advised that the proposed Change Order adds a portion of the storm drain back to the Phase V Project. It and other improvements had been deferred to a future date when Phase V was downsized. However, when the bids were received, they were low enough to consider adding back the storm drain and the Council directed staff to work with the contractor to determine the cost. The proposed Change Order will Cost $269,000. Staff estimates that there will be a savings of $75,000 $100,000 if the storm drains are installed under the current contract rather than under a future contract. MOTION It was moved by Council Members Sniff/McCartney to approve Contract Change Order No.92-1-Olin the amount of $292,670 and the transfer of funds in the amount of $172,529 to the Phase V RDA Construction Account from the RDA-l Fund Reserves of $1398 million. Motion carried unanimously. MINUTE ORDER NO.93- 186. 11 CONSIDERATION QF APPOINTMENT OF VOTING DELEGATE AND VOTING ALTERNATh FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN FRANCISCO, OCTOBER 16-19, 1993. Mrs. Juhola, City Clerk, advised that Mayor Pena and Council Member Mccartney are planning to attend the Annual League Conference. She advised that it is necessary to appoint a voting delegate and alternate so they would be entitled to vote on behalf of the City. MOTION It was moved by Council Members Sniff/Bangerter that Council Member McCartney be named the voting delegate and Mayor Pena be named the alternate. Motion carried unanimously. MINUTE ORDER NO.93-187. 12. TRANSMITTAL OF TREASURER'S REPORT JULY 31, 1993. MOTION It was moved by Council Members Sniff/McCartney to receive and file the July 31, 1993 Treasurer's Report. Motion carried unanimously. MINUTE ORDER NO.93-188. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 12 September 21, 1993 13. SECONDING READING OF ORDINANCE ORDINANCE NO.234 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 93- 075 AND CONFIRMING THE E??ONMENTAL DETERMINATION. CASE NO. CZ 93-075 WINCHESTER ASSET MANAGEMENT FOR LA QUINTA GOLF PROPERTIES) Council Member McCartney abstained due to a conflict of interest and left the dais. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No.234 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES. None ABSTMN: None ABSENT: Council Member McCartney CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTERS DATED AUGUST 17, SEPTEMBER 7, AND SEPTEMBER 21, 1993. 2. ADOPTION OF RESOLUTION AUTHORIZING CLOSURE OF STREETS FOR THE CHAMBER OF COMMERCE 10-K RUN. 3. ADOPTION OF RESOLUTION AUTHORIZING CLOSURE OF AVENIDA MONTEZUMA FOR THE ART FOUNDATION'S FINE CRAATS, WINE AND ALL THAT JAZZ. 4. APPROVAL OF U.S.D.A. DISTRIBUTION AGREEMENT. 5. APPROVAL OF SETTLEMENT AGREEMENT WITH GREENWICH CAPITOL MARKETS, INC. AND MICHAEL HOWE. 6. APPROVAL OF AGREEMENT WITH RIVERSIDE COUNTY OFFICE ON AGING FOR TITLE BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 13 September 21, 1993 7. ACCEPTANCE OF GRANT OF EASEMENT DEED FOR RIGHT-OF-WAY PARCEL LOCATED IN DESERT CLUB DRIVE ALIGNMENT DODCO/FEATHERINGILL. 8. ACCEPTANCE OF RIGHT-OF-WAY WITHIN TENTATIVE TRACT 23971- LA QUINTA DEL ORO, UNITED SAVINGS BANK. 9. ACCEPTANCE OF RIGHT-OF-WAY FOR WASHINGTON STREET BRIDGE PROJECT. 10. APPROVAL OF ASSOCIATh MEMBER AGREEMENT WITH UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA. 11. APPROVAL OF OVERNIGHT TRAVEL FOR MAYOR PENA AND COUNCIL MEMBER MCCARTNEY TO ATThND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN FRANCISCO OCTOBER 1?19, 1993. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended with Item No.2 being adopted by RESOLUTION NO.93-73 and Item No. 3 being adopted by RESOLUTION NO. 93-74. Motion carried unanimously. MINUTE ORDER NO.93-189. STUDY SESSION DISCUSSION OF PROPOSED DEVELOPMENT STANDARDS AND RESTRICTIONS FOR THE INSTALLATION OF COMMUNICATIONS TOWERS AND RELAThD STRUCTURES. Mrs. Mouriquand-Cherry, Associate Planner, advised that as directed by Council, a draft ordinance was prepared pertaining to the siting of communications towers structures and accessory equipment. The draft ordinance was modeled after a case study in Multnomah County, Oregon. Staff requested Courcil?s authorization to route the ordinance for review and comment to outside agencies and schedule for public hearings before the Planning Commission and the City Council. In response to Council Member McCartney, Mrs. Mouriquand-Cherry advised that the tower height of 150 feet was based on the model ordinance from Oregon. Council concurred in leaving the tower height as an open issue until there has been flirther study within the Coachella Valley. Mayor Pena believed that their are conflicts dealing with ham radios, citizens band radios regarding set-backs. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 14 September 21, 1993 Mr. Herman, Planning Director, advised that staff will research it further. In response to Council Member Perkins, Mrs. Mouriquand-Cherry advised that the industry has not been contacted for comment. Council directed staff to route the draft ordinance to the various agencies for their input. 2. DISCUSSION OF ON-STREET AND OFF-STREET PARKING ALThRNATIVES IN VICINITY OF AVENIDA BERMUDASICALLE TAMPICO INTERSECTION. Mr. Speer, Ass't City Engineer, advised that the owner of Ace Hardware has requested the City to consider the possibility of allowing angle parking on the west side of Avenida Bermudas near the hardware store. Staff has prepared two angel parking alternatives in response to the request, which he proceeded to review with the Council. Additionally, a third alternative regarding parking near the hardware store is now possible as a result of the recent realignment of Calle Tampico. The northerly relocation of Calle Tarnpico created a vacant area of excess right of way that is approximately 185' long by 70' wide. Currently, there is sufficient space for five parallel on-street parking spaces on the west side of Avenida Bermudas. Alternative A provides nine angel spaces; Alternative B provides seven angle spaces; and Alternative C provides twenty-six off-street spaces plus several additional on-street spaces on both Bermudas and Tampico. Council Member Sniff was concerned about angle parking because of backing out on to on-coming traffic and commented that he preferred Exhibit C because it was the safest, provided for a greater number of parking spaces, and would give definition to the downtown parking area. Council Member Perkins commented that he is oppose to angle parking and that Exhibit C is an excellent plan, noting that it fits in with the ultimate goal of the Village. Mayor Pena concurred that Exhibit C is the best plan. Mr. Speer stated that staff will submit a proposal for the installation of a parking lot at that location and further research the ownership rights to that land. Mayor Pena suggested reviewing this plan with the businesses in that area. Council concurred for staff to research this further and report back. Audrey Ostrowsky, P.O. Box 351, expressed her delight in the direction Council was taking and asked that there be an exit on Navarro. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 15 September 21, 1993 3. DISCUSSION OF TEMPORARY GRAND OPENINGS BANNERS AND THEIR RELAThD CITY FEES FOR NEW COMMERCIAL BUSINESSES. Mr. Herman, Planning Director, advised that the Chamber of Commerce requested a waiver of application fees for grand opening signs. Out of 42 sign permits, the City has issued 9 grand opening sign permits in one year. He requested that this consideration be included with the Zoning Ordinance update. Council Member Bangerter felt that the City should help small businesses in whatever way possible, especially during these difficult times. Council concurred in including consideration of Grand Opening banners in the Zoning Ordinance update. DEPARTMENT REPORTS City Mana?er Mr. Hunt, City Manager, advised that staff has been doing final punch list items to the Civic Center facility and they are nearing the end of this process. When they had a final walk through on the landscaping, it was noticed that there are leaking problems with the hanging pots. Staff will be correcting this problem soon. He commented that the City has been pleased with Harris and Associates and Lusardi Construction Company. City Attornev Ms. Honeywell, City Attorney, advised that AB 1290 had been passed by the legislature. There have been many amendments but she does not believe they address any concerns of the City. She will report back at a later date on the impact it will have on the redevelop-ment area. In response to Council Member McCartney, the effective date of AB 1290 is January, 1994. Adininistrative Services Director Mrs. Jubola, Administrative Services Director, presented the Council with a proposed schedule of events for the Civic Center Dedication noting that decisions need to be made regarding date, time, food, gifts, etc. She also advised that in July, she discussed the unveiling of the Kennedy Sculpture with John Kenned, who indicated that he wished to have a separate event from the Civic Center Dedication. He was looking for a sponsor, like perhaps the Rotary Club or Arts Foundation to do a wine and cheese reception. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 16 September 21, 1993 Council Member Bangerter supported a separate event for the unveiling and agreed to allow him to say that the event is in cooperation with the City. The two suggested dates of October 23rd or November 13th were fme and wished to see the City serve the food. She expressed a concern about a lift-off of balloons. Mayor Pena preferred October 23rd with a morning event concluding by noon with only coffee and rolls being served. He suggested possibly a balloon ring rather than a lift-off and for gifts, he suggested a pocket calendar. Council Member McCartney believed that October 23rd may conflict with the Senior Center Groundbreaking. He also wished to see the Girl Scouts involved and would like to see someone from the Historical Society speak. Council Member Perkins wished to see hot dogs served rather than coffee and rolls. Council Member Sniff preferred the date of November 13th and wished to see red, white, and blue balloons to make the occasion festive. He also preferred to see hot dogs served and also wished to have a souvenir given to those who attend. Ed Kibbey, President of the La Quinta Rotary Club, advised that they were approached to be a possible sponsor for the unveiling of the Kennedy Sculpture. He asked if the dedication of the sculpture should be included in the dedication. Council concurred that it should be a separate function. Mrs. Juhola confirmed with Council that the dedication ceremony will be held on November 13 from 10 a.m. to 2 p.m., hot dogs served, and a commemorative pocket calendar will be given out. She advised that she will report back at the next Council meeting with costs. Finance DeI)artment Transmittal of Statements of Financial Position July, 1993; August, 1993 Transmittal of Statements of Financial Position July, 1993; August, 1993 La Quinta Financing Authority MAYOR AND COUNCIL MEMBERS ITEMS 1. DISCUSSION AND CONSIDERATION OF PURCHASE OF EMBROIDERED BADGES. Council Member Perkins requested that this item be continued until the next Council meeting. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 17 September 21, 1993 2. DISCUSSION OF MINIMUM HOUSE SIZES. Council Member Sniff was concerned about the inconsistency of the minimum square footage of residential homes in La Quinta. The minimum size for some homes is 750 square feet which he felt was very unrealistic. He would like to direct staff to report back with a recommendation for a basic minimum house size for the City of La Quinta. In response to Council Member Bangerter, Ms. Honeywell, City Attorney advised that the Zoning Ordinance allows the City to control size of units. She noted that the City would need to be careful that multi-family units are distinguished from individual homes, keeping in mind low and moderate income programs. Council Member Sniff requested that staff initiate a process to gather information so they may receive it at an early date. He would also like to look at some level of consistency maintained with an original development to help protect the homeowner, as well as some general guidelines for consistency and compatibility. Council Member McCartney felt that we need to look not only at the size of the house, but also coverage of the lot. It needs to be looked at not only from a quantitative standpoint, but also from a qualitative standpoint. Currently, the minimum lot size is 7,200 sq. ft. with a minimum house size of 750 sq. ft., which seems unbalanced. He would like to see 50% allocated to the building and 50% allocated to the surrounding and the back yard. Regarding existing subdivisions which have not been built-out, he felt that these are decisions which rest with the Council and need to be dealt with on a case- by-case basis, but some guidelines would be helpful. Council Member Perkins commented that 750 square feet for units in a Senior Citizens housing project would be sufficient for a senior citizen. He stated that projects of this type need to be considered. Mayor Pena agreed that we need to direct staff to come back with a proposed ordinance. He agreed that 750 sq. ft. is too small, but wasn't sure that 1,400 sq. ft. is proper either, that we need to be flexible. Regarding lot coverage, he was curious to see how that could be applied on a larger lot, like an acre. Council Member Bangerter concurred and would like to move forward, however, she urged precaution in adopting a broad ordinance because each area within the City is different. Mr. Hunt, City Manager, advised that the City will soon be updating the Zoning Ordinance and asked if Council would like a separate report on this matter or include it in the update. In response to Council Member Sniff, Mr. Hunt advised that the Zoning Ordinance will be completed sometime next year. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 18 September 21, 1993 Council concurred that they wish to receive a separate report to analyze what the City currently has. Mr. Hunt asked that Council give staff 45 to 60 days to comply with their request. Council concurred. Ed Kibbey, Building Industry Association, advised that should the Council decide on a mmimum 1,400 square foot, the entry level home would be stopped in La Quinta. Most first home buyers would not be able to afford a home of this size. Also, he advised that under the Redevelopment Program, there is a 20% set aside that requires the City to build entry level housing. He noted that construction is an economy driven industry and should the City become too specific, it would cause problems for the City. Robert Tyler, 44-215 Villeta Drive, questioned what Council was directing staff to research, the square footage and/or the issue of the build out of defunct projects Council advised that staff is being directed to study both issues. In response to Mr. Tyler, Mayor Pena advised that there will be a public hearing set. 3. DISCUSSION AND CONSIDERATION OF POSSIBLE RESIDENTIAL PERMIT MORATORIUM. Council Member Perkins commented if the City is going to progress as well-organized community, we have to be careful with compatibility not so much as to whether or not a different type of building will reduce the value of the house next door, but what is going to look good and what is going to be good for the City as a whole. He was looking at a moratorium from the standpoint as to what is going to be best for the City of La Quinta in the various areas and he would like to restrict the moratorium to single- family residences and if possible, approved developments Ms. Honeywell, City Attorney advised that the moratorium would have to be restricted to developments that have not received fmal approval. She further advised that Council could set the restrictions on a moratorium, such as a specific type zoning or a specific type construction. Council Member Perkins stated that he is concerned about residents within a development who do not have any type of control over situations that may face them, such as bankruptcy by the developer. He would like this moratorium for only a short period of time and that and that staff direct staff be directed to submit a solution acceptable to the City Council and City by the next Council meeting. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 19 September 21, 1993 In response to Council Member Perkins, Ms. Honeywell advised that a four?fifths vote of Council is required to enact an emergency ordinance and if adopted, it would take effect immediately. Mayor Pena felt that there are alternatives available other than a moratorium and could not support it or refer it back to staff. A moratorium is an extreme measure to protect the public safety and welfare of the residents. It would be unfair to the builders because of the inadequacies of one developer. Council Member Sniff is not in favor of a moratorium, as it's not necessary. Staff has already been directed to come back with the two essential issues. Council Member Bangerter felt it will take time to resolve these issues and believed that they should be dealt with on an individual basis. She understood that issues of this type need to be dealt with quickly, but she could not support a moratorium for the reasons that have been stated. Council Member McCartney understood the urgency in this matter but felt that it sends an inappropriate message to the developers, community, and all of Coachella Valley. He commented that we are a growth oriented City and development needs to be encouraged and anything suggesting otherwise, he is opposed to. He did not support referring this matter back to staff. Mlyson Devenney, 9S-590 Sanita Drive, advised that she lives in the La Quinta Vista subdivision and Century Homes is considering building smaller homes on the empty lots in that subdivision if they receive enough reservations for them They are proposing to build homes between 1,000 1,600 sq. ft. where the existing homes start at 1,600 sq. ft. She asked if Century Homes can build while Council is deciding these issues. Russell Robertson, P.O. Box 542, thanked the City Council for addressing this problem and felt that it should be handled as quickly as possible because there are similar problems within other developments in La Quinta. He asked that the citizens feelings be seriously considered, and requested that they be kept informed. Barbara Irwin, 44-065 Camino La Cresta, Rancho Ocotillo, representing the homeowners, advised that they as a community have become involved with both the Planning Commission and the City Council and felt that the problem with partially completed tracts need to be dealt with and resolved as soon as possible. The City has the responsibility to protect their property values and requested that Council return in 60 days with a clear definition of the zoning ordinance. She urged that legislation be drafted to preserve the integrity of the partially developed tracts. Robert Loewen, 4 Park Plaza, attorney representing Primerit Bank, commented that the property rights of the bank also need to be considered. They wish to sell this land to a developer who has no to damage the community in any way. He believed that there BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 20 September 21, 1993 needs to be a compromise so everyone is satisfied. Ed Kibbey, Building Industry Association, commented that they would love to join in a committee with the Citizens of La Quinta because they do want to meet their desires. He also thanked the City Council for not pursuing a moratorium. Stephanie Copeland advised that she moved here six months ago from Los Angeles to Cactus Flower, which is a lovely neighborhood and people have spent their life savings to move into a quiet neighborhood and where they've bought into a lifestyle, which should be preserved. She noted to allow a developer to come in and build a smaller home of lesser value would be a mistake for the City. Dr. Caulfield, resident of Quinterra, stated that she is responsible for bringing millions of international dollars to this Valley. She noted that she and her husband had several concerns about this tract when they bought, but were assured that the tract would be developed as proposed. Bruce Mercy, 79-080 Ladera, suggested placing a 60 day moratorium in the nordi La Quinta area pending a study brought before Council from staff. That this may rectify the situation for the City as a whole and the current problem. Robert Tyler, 44-215 Valenta Drive, La Quinta Vista, commented that he lived in a city that went through a moratorium for many years which caused extreme hardship. This issue, however, must be addressed quickly and brought under control. Mayor Pena advised that it is the intent of the Council to act as quickly as possible and thanked the residents for their concern and input. In response to Council Member Sniff, Mr. Hunt, City Manager, advised that the appeal can be set for either October 5 or October 19, 1993. In response to Mayor Pena, Mr. Herman, Planning Director, advised that the appeal was filed on September 21, 1993. Council concurred on setting the Public Hearing for October 19, 1993. Council Member Sniff stated that he wanted those who have submitted their names to be notified directly. Council recessed until 7:00 P.M. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 21 September 21, 1993 PRESENTATIONS Mayor Pena presented the following La Quinta Beautiful Awards. Bruce Galvanek, 5?30 Avenida Martinez, for the Month of June Michael & Julie Reeske, 54-415 Avenida Vallejo, for the Month of July Michael & Sunnie Deandrea, 53-745 Avenida Mendoza, for the Month of August PUBLIC HEARINGS PUBLIC USE PERMIT 93-015 TO ATTACH ANTENNA EQUIPMENT TO AN EXISTING TOWER FOR CELLULAR COMMUNICATIONS AND CONSTRUCT A 484-SQ. FT. EQUIPMENT SThUCTURE AT 81-600 AVENUE 58. APPLICANT: PACTEL CELLULAR. Mrs. Mouriquand-Cherry, Associate Planner presented staff report advising that PacTel Cellular has submitted a Public Use Permit application to install micro-wave dishes and whip antennas to an existing 110' tower in the rear yard area of Imperial Irrigation District's compound on Avenue 58. She noted that they originally requested 18' whip antennas, but have agreed to lower them to 16'. John Petky, Planning Associates, 3151 Fairway Ave., Costa Mesa, advised that they support the staff's analysis and recommendations. They have consulted with their technician about side-mounting the whip antennas and thereby being able to lower them by 2' and still have them function. He noted that the whip antennas are intended to provide for future growth. Council Member McCartney asked if the antennas need to be 126' in order to be effective and Mr. Petky advised that they have been told that to lower them any more, the interference that would be created would diminish the high level of service they plan to provide in the future. Council Member McCartney asked if it's possible to get the same range of coverage by having multiple-antennas at lower heights and spreading out. Mr. Petky advised that it would drainatically lower the level of service, as it's been found that proliferation of antennas would create interference and degrade the service. Larry Levine, representing PacTel Cellular, advised that the main reason for not using multiple antennas is economical it cost $1 to $1.5 million for each installation. In response to Council Member Bangerter, Mr. Levine advised that the whip antennas are 2 1/2 in diameter. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 22 September 21, 1993 Mr. Herman recommended that the Council amend Condition No.5 to read 126' rather than 118' since the tower is 110' and not 100' as originally thought. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING was closed. Council Member McCartney asked if this application is approved at 126' and then other applications are received, would a precedent have been set? Ms. Honeywell, City Attorney, advised that in the draft zoning ordinance the Council would have the ability to place whatever conditions they wish in the future. The only caveat is that in this whole industry, there are a number of fffst amendment rights issues, so there could come a time in the future when the City's ability to control could be limited. Council Member Perkins had no problem of the request and was pleased that the antennas are being installed on an existing structure. Council Member McCartney said that he had a general problem with 126' towers in the City. MOTION It was moved by Council Members Sniff/Bangerter to approve Public Use Permit #93-015 to attach antenna equipment to an existing tower for cellular communications and construct a 484 sq. ft. equipment structure at S 1-600 Avenue 58 lID Complex) with a modification to Condition No.5 to change the 118' to 126' applicant, PacTel Cellular. Motion carried with Council Member McCartney voting NO. MINUTE ORDER NO.93-190. 2. TENTATIVE TRACT MAP 23995 ONE YEAR EXThNSION ON A PREVIOUSLY-APPROVED SUBDIVISION MAP WHICH ALLOWS 1,036 UNITS ON APPROXIMATELY 133 ACRES LOCATED SOU,TH OF MILES AVENUE, EAST OF WASHINGTON STREET, WEST OF ADAMS STREET AND NORTH OF THE WHITEWATER WASH IN THE R-1 ONE FAMILY DWELLING), R-3 GENERAL RESIDENTIAL) AND C-P GENERAL COMMERCIAL) ZONE. APPLICANT: A. G. SPANOS CONSTRUCTION, INC. Ms. Honeywell, advised that SB 428 was approved by the Governor on September 13, 1993. It's very specific in stating that the expiration date of tentative subdivision maps or parcel maps for which a tentative map has been approved and is not expired the date the Act took effect shall be extended for 24 months. Therefore, it has taken out of the City's hands, the need to consider any time extensions for a minimum of 2 years. Therefore the City has no authority to approve or disapprove the subject time extension, nor any authority to modify any of the conditions. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 23 September 21, 1993 3. TENTATIVE TRACT 27840 SUBDIVISION OF 55 ACRES INTO 127 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS IN RANCHO LA QUINTA9' LOCATED SOUTH OF 48TH AVENUE AND EAST OF WASHINGTON STREET. APPLICANT: Th DESERT DEVELOPMENT CHUCK STROTHER). Council Members Bangerter and Perkins abstained from this issue due to the proximity of the subject property to property they own and left the dais. Mr. Sawa, Principal Planner, noted that this project has previously been approved and known as The Pyramids. The project will ultimately consist of two golf courses, a maximum of 1,500 dwelling units and 80 guest cottages. The subject tract map is a remap of a portion of Tentative Tract 24545 which was previously approved. The tract is located at the northwest corner of the site which is south of 48th Avenue and east of Wasliington Street. The southern boundary of this tract is primarily Eisenhower Drive. The tract proposes 127 single-family residential lots, five recreational lots and several common area lots. The Planning Commission has reviewed the tract and recommends approval subject to a number of modifications. Since the Planning Commission meeting, the Engineering Departtnent has recommended a modification to Condition No. 38(A)(1) to delete the required improvement to 48th Avenue because the Specific Plan notes that 48th Avenue does not have to be improved until the beginning of Phase II. Chuck Strother, Applicant, advised that it appears that they are going to be the first developer to develop that mile of road and asked if there is going to be a condition imposed on the developer to the north to provide TD Development Co. to be reimbursed for 1/2 street improvements they will do on their behalf. Ms. Honeywell, City Attorney advised that this development was approved under a Development Agreement and it did not contemplate this type of reimbursement requirement at the time it's entered into and she said that she will review it and if it isn't stated, then it's not a condition. Mr. Strother referred to Condition No.37 trusted that this condition is a transition so that the new improvements will line and be in conforrnance with existing City improvements. Also, Condition No. 38(A)(2) should read Avenue 48 and not Avenue 58 and Condition 38(B)(3) should read 32' and not 34'. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 24 September 21, 1993 RESOLUTION NO.93-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 127 UNIT SUBDIVISION ON APPROXIMATELY 55 ACRES GENERALLY LOCATED SOUTH OF 48TH AVENUE AND EAST OF WASHINGTON STREET. CASE NO. TENTATIVE TRACT 27840- Th DESERT DEVELOPMENT. It was moved by Council Members SnifflMcCartney that Resolution No.93-75 be adopted as modified. Motion carried unanimously with Council Members Bangerter and Perkins absent. 4. E?O?ENVIRONMENTAL ASSESSMENT 93-261- CONSIDERATION OF ADOPTION OF NEGATIVE DECLARATION PREPARED FOR THE FRITZ BURNS PARK IMPROVEMENTS LOCATED AT THE SOUTHEAST CORNER OF AVENIDA BERMUDAS AND NEW 52ND AVENUE. APPLICANT: CITY OF LA QUINTA. Mayor Pena advised that he would be abstaining from this issue due to the proximity of his residence to the park and left the dais. Ms. Mouriquand-Cherry, Associate Planner, advised that the Planning Department has completed an Environmental Assessment for the proposed Fritz Burns Park improvements located at the southeast corner of Avenida Bermudas and 52nd Avenue new). The preliminary study identified several potential impacts that could result in an impact to the local environment. However, none of the impacts were significant enough to warrant further environmental study. A mitigation monitoring plan has been prepared for the project that itemizes required measures to e implemented. She recommended that a resolution be adopted adopting a mitigated negative declaration. Mayor Pro Tern Sniff declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.93-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 93-261 FOR THE FRITZ BURNS PARK IMPROVEMENT PROJECT AND ADOPTING THE MITIGATION MONITORING PLAN FOR THE PROJECT. ENVIRONMENTAL ASSESSMENT 93-261 FRITZ BURNS PARK IMPROVEMENTS. It was moved by Council Members McCartney/Bangerter that Resolution No.93-76 be adopted as submitted. Motion carried with Mayor Pena absent. BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02 City Council Minutes 25 September 21, 1993 5. ENVIRONMENTAL ASSESSMENT 93-262- CONSIDERATION OF ADOPTION OF NEGATIVE DECLARATION PREPARED FOR THE PROPOSED PALM ROYALE PARK LOCAThD ON THE WEST SIDE OF ADAMS STREET, BETWEEN MILES AVENUE AND FRED WAIRNG DRIVE. APPLICANT: CITY OF LA QUINTA. MOTION It was moved by Council Members Sniff/Bangerter to continue the public hearing on Environmental Assessment 93-262 until October 19, 1993. Motion carried unanimously. MIN'y? ORDER NO.93-191. CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) Riverside County Interpleader Action Case No.234997 The Council reconvened with no action being taken. There being no further business, the meeting was adjourned. SAUNDRA L. J OI-A, City Clerk City of La Quinta, California BIB] 01-22-96-U01 05:13:11PM-U01 CCMIN092193-U02