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1993 10 19 CC Minutes* LA QUINTA CITY COUNCIL MINUTES OCTOBER 19, 1993 Regular meeting of the La Quinta City Council was called to order at 3:00P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Mccartney 3:40 P.M.), Perkins, Sniff, Mayor Pena 3:40 P.M.) ABSENT: None Mayor Pro Tern Sniff announced that both Mayor Pena and Council Member McCartney have been delayed. MOTION It was moved by Council Members Bangerter/Perkins to excuse Council Member McCartney and Mayor Pena. Motion carried unanimously. CONFIRMATION OF AGENDA Mr Hunt,. City Manager, advised that there was a revision to an exhibit relating to Business Session No.5. Council Member Bangerter requested that Consent Items No.4 and No.5 be made Business Session No 9 and No.10, due to conflicts of interest. MOTION It was moved by Council Members Bangerter/Perkins to add the revised exhibit to Business Session No.5 and to pull Consent Items Nos. 4 & 5 and add them to the Business Session agenda noting that the need to take action arose after the posting of the agenda Motion carried unanimously with Council Member Mccartney and Mayor Pena absent. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of October 5, 1993 be approved as submitted Motion carried unanimously with Council Member McCartney and Mayor Pena absent. ANNOUNCEMENTS None BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 2 October 19, 1993 PRESENTATIONS Mayor Pro Tern Sniff presented Adolfo Cabrera, Public Works Maintenance Worker II, with a plaque expressing the City's appreciation for being chosen Employee of the Month" for September. PUBLIC COMMENT Audrey Ostrowsky, P.O. Box 351, stated the need for streets, curbs, and gutters in the Cove area because she cannot sell her property without them. Mayor Pro Tern Sniff suggested that Ms. Ostrowsky set up an appointment with the City Manager to discuss this matter. WRITTEN CORRESPONDENCE a. Letter from Coachella Valley Youth, Inc. requesting funding. Council Member Bangerter commented that until a policy is enforced, she would like the request from the Coachella Valley Youth, Inc. placed on the next City Council agenda for consideration. Council Member Perkins concurred. Mayor Pro Tern Sniff directed staff to add this request to the Business Session on the next City Council agenda. BUSINESS SESSION 1. CONS?ERATION OF DISCUSSION OF NORTH AMERICAN FREE TRADE AGREEMENT NAFTA) REPORT. Mr. Genovese, Ass't City Manager, advised that the Southern California Association of Governments SCAG) issued a report on the North American Free Trade Agreement NAFTA) and the Coachella Valley Association of Governments CVAG) is requesting the each CVAG jurisdiction discuss the issues of this report and that each city decide whether or not to support this trade agreement. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 3 October 19, 1993 In response to Council Member Bangerter, Mr. Genovese advised that, although, some of the other member agencies have commented, he was not sure if SCAG has adopted a formal policy. Council Member Perkins did not believe that it would be appropriate for the City to take a position on this issue. Council Member Bangerter concurred because she was elected to represent the whole community and the views of the community on this are quite varied. Mayor Pro Tern Sniff agreed and commented that the NAFTA is not in its finalized form, that it's still in the process of change and modification. He did not believe that it's appropriate for the Council to take a stand on national issues. No action was taken on this matter. 2. CONSIDERATION OF REQUEST FROM BIGHORN INSTITUTE REGARDING ANNUAL CONTRACTUAL AGREEMENT. Mr. Genovese, Ass't City Manager, advised that the Bighorn Institute has requested that the City consider entering into an annual contractual agreement for services to be provided on behalf of the Peninsular Bighorn Sheep and to help assure its existence within the northern Santa Rosa Mountains. The request for financial assistance is on an annual basis of $40,000. He noted that the agreement submitted has not received a detailed review by legal counsel, nor has a funding analysis been completed by staff. In response to Council Member Bangerter, Mr. Jim DeForge, Executive Director of the Bighorn Institute, advised that they are a nonprofit organization with a budget of $350,000 with the majority of their funds received from private sources. He commented that they have also requested support from the Cities of Indian Wells and Palm Desert, noting that the City of Rancho Mirage has supported them for the past three years. Mr. DeForge advised that there has been a decline in the population of the Peninsular Bighorn Sheep from 500 in 1979 to 115 at the present time. Due to their drastic decline, the Peninsular Bighorn Sheep are currently State listed as threatened and proposed for federal endangered listing He wished to see more community involvement in the cost and maintenance of these sheep. In response to Council Member Perkins, Mr. DeForge advised that the bighorn sheep inhabit approximately 30 miles of the northern Santa Rosa Mountains from Cathedral City to Borrego Springs. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 4 October 19, 1993 Council Member Bangerter was very supportive of this effort, however, she was concerned about the availability of funds. Mr. Hunt, City Manager, advised that if Council directs, the funding issue would be part of the analysis, noting that we are in the process of the first-quarter budget review. Council Member Perkins also expressed concern with funding, noting that there are a number of major expenditures coming up. He suggested holding this matter over until the budget review to determine if money is available. Mayor Pro Tern Sniff suggested that if we are unable to contribute $40,000, we may be able to afford a lesser amount. He felt a regional fund is necessary because the burden should not be put on anyone disproportionately. The bighorn sheep need to be taken care of and each municipality should share in the responsibility. He asked Mr. DeForge to return with additional information as to the current status of the sheep; how the institute is setup; what the City's involvement would be; and if other municipalities are becoming involved. Council concurred in referring this matter back to staff for additional information and to discuss it during the budget review process. 3. CONSWERATION OF REQUEST BY COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE TO DIRECT CVAG TO APPOINT A TASK FORCE TO STUDY TAXICAB REGULATION?. Mrs. LiCalsi, Personnel and Budget Manager, advised that at CVAG's Executive Committee meeting on September 27th, the issue of appointing a Task Force to study taxicab regulations was deferred to each Member Agency for action. This issue will be addressed at their next Executive Committee meeting on November 1st, and they have requested feedback from the cities prior to the meeting. In response to Mayor Pro Tem Sniff, Ms. Honeywell, City Attorney, explained that this matter is not, technically, the same issue tabled back in August. Council Member Bangerter questioned the make-up of the Task Force because she could only support it if taxi operators, owners, and drivers are included. Mrs. LiCalsi advised that the Task Force would be comprised of elected officials and TAC members with CVAG staff and SunLine staff serving as non-voting ex-officio members. However, they are also recommending that an Advisory Committee be formed made up of taxi operators, owners, and drivers. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 5 October 19, 1993 Council Member Sniff was determined that the taxi industry be represented on anything that deals with their business. Jim Collins, an advocate for the disabled, felt that the Advisory Committee should also include the consumer, senior citizens and the disabled. Council Member Bangerter couldn't support the proposal without knowing numbers and percentages regarding the make-up of the Task Force and to what extent the taxicab owners would have a vote. Council Member Perkins didn't have a problem with a Task Force with several advisory committees under it he felt that this may be a step toward solving some of the concerns expressed by the Council previously. But he agreed in needing to know the make-up as suggested by Council Member Bangerter. He agreed that the consumer should be involved. Mayor Pro Tem Sniff agreed that there isn't enough information to base a decision and wished to see this matter continued. He asked that staff take the Council's comments and concerns to CVAG and report back at the next meeting. Council Member Perkins felt this matter should be referred back to CVAG so they may refine the process. Council concurred in continuing this matter for further information. Mrs. LiCalsi explained that both the Executive Committee meeting and the City Council meeting are only one day apart, therefore, she may not have enough time to prepare a report but would be able to give an update verbally. Mayor Pena and Council Member McCartney joined the meeting at this time 3:40 p.m.). 4. REPORT OF PLANNING COMMISSION ACTION ON MTOE 93-057, APPROVING A REQUEST TO HOLD FINE ARTS SHOWS DURING 1993-94 AT PLAZA LA QUINTA SHOPPING CENTER LOCATED ON THE SOUTHWEST CORNER OF HIGHWAY 111 & WASHINGTON STREET. APPLICANT: THUNDERBIRD ARTISTS JUDI COMBS). Mr. Sawa, Principal Planner, advised that Judi Combs, Thunderbird Artists, has submitted an application to hold fine art shows at the Plaza La Quinta Shopping Center from November 6, 1993 through the weekend of April 30-May 1, 1994. These shows BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 6 October 19, 1993 have been well accepted by the community and this approval would be subject to the same conditions as imposed this past year. Council Member Bangerter questioned whether their business license could be prorated for this year because the art show does not begin until November. Mr. Hunt, City Manager, advised that it could at Council's direction. Council Member Bangerter stated that she would like it considered because it would be in good faith on the part of the City. Council Member Perkins commented that they do an excellent job. MOTION It was moved by Council Members Sniff/McCartney to accept the Planning Commission report of action for MTOE 93-057 subject to the Conditions of Approval Exhibit A). Motion carried unanimously. MINUTE ORDER NO.93-212. MOTION It was moved by Council Members Bangerter/Sniff to prorate the business license fees for the Minor Temporary Outdoor Event MTOE) at Plaza La Quinta Shopping Center. Motion carried unanimouly. MINUTE ORDER NO.93-213. 5. CONSIDERATION OF AMENDMENT TO TITLE 12.54 OF THE MUNICIPAL CODE REGARDING TRUCK ROUTES AND RESTRICTED ROUTES ON CITY STREETS. Mr. Hunt, City Manager, requested that this item be rescheduled as a public hearing. Council concurred. 6. CONSIDERATION OF AMENDMENT TO CHAPTER 2 OF THE MUNICIPAL CODE ADDING CHAPTER 2.75 CREATING A VOLUNTEER ADVISORY BOARD. Mr. Bohien, Parks/Recreation Manager, advised that on August 3rd and September 21st, the Council received a proposed La Quinta Volunteer Effort Program and a related handbook outlining the program. The proposed ordinance creates the Volunteer Advisory Board needed to assist in the development and management of the program. MOTION It was moved by Council Members Bangerter/Sniff that Ordinance No.235 be taken up by title and number only and waive further reading. Motion carried unanimously. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 7 October 19, 1993 ORDINANCE NO.235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 2.75 TO THE MUNICIPAL CODE CREATING A VOLUNTEER ADVISORY BOARD. It was moved by Council Members Bangerter/Sniff that Ordinance No.235 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 7. CONSIDERATION OF APPROVAL TO TRANSFER BOND RESERVE FUNDS TO L.A.I.F. Mr. O'Reilly, Finance Director, advised that the total debt service reserve funds of $2.6 million that are held by bank trustees are currently invested in Treasury Funds that are earning less than 2% interest 1.8% to 1.9%). Local Agency Investment Fund LAIF) investments are earning 4.47% interest. On September S, 1993, the Investment Advisory Board approved the investment of bond reserves in LAIF with the approval of the bond trustees). In response to Council Member Perkins, Mr. O'Reilly advised that the funds are held by the bank as trustee, therefore, as trustee there is a guarantee of double protection on these funds. MOTION It was moved by Council Members Sniff/Bangerter to approve the transfer of bond reserve funds to LMF, with the approval of the bank trustees. Motion carried unanimously. MINUTE ORDER NO.93-214. 8. APPROVAL OF CIVIC CENTER FACILITY USE POLICY AND RESOLUTION ESTABLISHING FEES FOR USE. Ms. LiCalsi, Personnel & Budget Manager, presented the final draft of the Civic Center Facility Use Policy incorporating modifications requested by Council at the October 5th meeting. A resolution has also been prepared establishing the method for calculating fees for use of the facility. These fees will be reviewed annually as part of the budget process. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 8 October 19, 1993 RESOLUTION NO.93-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FEE SCHEDULE FOR THE USE OF THE CIVIC CENTER FACILITIES. It was moved by Council Members Bangerter/McCartney that the Civic Center Facility Use Policy and Resolution No.93-79 be adopted. Motion carried with Council Member Sniff and Mayor Pena voting NO. 9. APPROVAL OF SECOND AMENDMENT TO LEASE AGREEMENT LA QUINTA BOYS & GIRLS CLUB BOYS & GIRLS CLUB OF THE COACHELLA VALLEY). Council Member Bangerter abstained due to a conflict o? interest and left the dais. Mr. Genovese, Ass't. City Manager, advised that the Second AMENDMENT to the Lease Agreement with the La Quinta Boys and Girls Club of the Coachella Valley will provide additional time for the Lessee to complete construction of improvements and obtain the needed building permits. MOTION It was moved by Council Members Sniff/McCartney to approve the Second AMENDMENT to the Lease Agreement by and between the City of La Quinta and the Boys and Girls Club of Coachella Valley. Motion carried unanimously with Council Member Bangerter absent. MINUTE ORDER NO.93-215. 10. ADOPTION OF RESOLUTION MAKING CERTAIN FINDINGS IN CONNECTION WITH AN AFFORDABLE HOUSING AGREEMENT BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, COACHELLA VALLEY LAND, A CALIFORNIA LIMITED PARTNERSHIP AND WILLIAM J. CUSACK PERTAINING TO PROPERTY LOCAThD WITHIN THE PROJECT AREA OF THE LA QUINTA REDEVELOPMENT PROJECT. Council Member Bangerter and Mayor Pena abstained due to conflicts of interest and left the dais. Mr. Genovese, Ass't. City Manager, presented the staff report and advised that the proposed resolution would fulfill the obligations of the Second Affordable Housing Agreement by allowing use of Redevelopment Agency Affordable Housing Funds from both Project Areas No.1 and No.2. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 9 October 19, 1993 RESOLUTION NO. 93-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS IN CONNECTION WITH AN AFFORDABLE HOUSING AGREEMENT BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, COACHELLA VALLEY LAND, A CALIFORNIA LIMITED PARTNERSHIP AND WILLIAM J CUSACK PERTAINING TO PROPERTY LOCATED WITHIN THE PROJECT AREA OF THE LA QUINTA REDEVELOPMENT PROJECT. It was moved by Council Members Mccartney/Perkins that Resolution No.93-SO be adopted. Motion carried unanimously with Council Member Bangerter and Mayor Pena absent. 11. APPROVAL OF REQUEST FOR EXTENSION OF TIME FOR CANCELLATION FEE PAYMENT ON 160+ ACRE PORTION OF AGRICULTURAL PRESERVE #74 LOCATED NORTHEAST CORNER OF 58TH AVENUE AND MADISON STREET. APPLICANTS: LANDMARK LAND CO. AND RESOLUTION TRUST CORP. Council Member McCartney abstained due to a conflict of interest. RESOLUTION NO.93-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, EXTENDING THE TIME PERIOD FOR PAYMENT OF THE CANCELLATION FEE ASSOCIATED WITH TENTATIVE CANCELLATION OF AGRICULTURAL PRESERVE #74. It was moved by Council Members Sniff/Bangerter that Resolution No. 93-81 be adopted. Motion carried unanimously with Council Member McCartney absent. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED OCTOBER 19, 1993. 2. APPROVAL OF REPLACEMENT SUBDIVISION AGREEMENT FOR TRACT 26251 TAYLOR. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 10 October 19, 1993 3 ADOPTION OF RESOLUTION INCREASING TIlE PETTY CASH FUNDS ON HAND FROM $200 TO $500. 4. REMOVED See Business Session No.9). 5. REMOVED See Business Session No.10). 6. REMOVED See Business Session No.11). 7. APPROVAL OF CITY CONSENT LETTER REGARDING LEGAL REPRESENTATION ON LANDMARK NEGOTIATION. MOTION It was moved by Council Members Sniff/Bangerter that the Consent Calendar be approved as amended with Item No.3 being approved by RESOLUTION NO.93-82. Motion carried unanimously. MINUTE ORDER NO.93-216. STUDY SESSION None DEPARTMENT REPORTS Mrs. Juhola, Administrative Services Director, advised that the ground breaking for the Senior Center has been tentatively scheduled for Tuesday, November 9, 1993, at 10:00 A.M. Council concurred. Mrs. Juhola furdier advised that the Say No to Drugs" buttons and ribbons for Red Ribbon Week would also be distributed at the end of the week. Captain Dye advised that they would be selecting an individual to fill the position of the Community Services Officer within approximately two weeks. MAYOR AND COUNCIL MEMBERS ITEMS None BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 11 October 19,1993 PUBLIC COMMENT Audrey Ostrosky,P.O. Box 351, La Quinta, said that she has been advised that one of the Council Members doesn't live in La Quinta and felt that the citizens need an explanation. C. A. White, commented that there seems to be a rash of break-ins and that response time seems to be lacking. Mayor Pena referred Mr. White to Captain Dye who was present. PRESENTATIONS La Quinta Beautiful Award Landscaped for Ecology to Michael and Karen Berry, 52-451 Avenida Obregon. PUBLIC HEARINGS 1 APPEAL OF THE PLANNING COMMISSION DECISION OF SEPTEMBER 14, 1993 TO LIMIT THE HOUSE SIZE WITHIN THE QUINTERRA TRACT PHASE 2) TO 1,650 SQ. FT. OR LARGER AND THEIR APPEAL OF OTHER ARCHITECTURAL MODIFICATIONS. TIlE PROJECT SITE IS LOCATED NORTH OF MILES AVENUE AND EAST OF ADAMS STREET. APPELLANTS: BRUCE STRICKLAND, V.P. FORECAST CORPORATION AND BEST, BEST & KRIEGER. Mr. Herman, Planning Director, advised that the applicant, Forecast Homes, originally requested approval to construct 1,106 sq. ft. to 1,659 sq. ft. within an existing project called Quinterra. There are 116 lots in the development of which the applicant has indicated that approximately 10% would be built at the smaller, 1,106 sq. ft. He presented a map of the tract showing the existing homes and the location of the proposed unitS. The Planning Commission determined that the homes should be comparable in size to the existing Phase I homes 2,072+ sq. ft.) and voted to approve a minimum house size of 1,650 sq. ft. plus other miscellaneous amendments. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 12 October 19, 1993 Subsequently, both the applicant and the residents have appealed that action to the City Council. Bruce Strickland, representing Forecast Corp., advised that they build two product lines, Meadow Wood and New Beginnings. The latter range from 1,000 sq. ft. to 1,659 sq. ft. and the Meadow Wood range from 1,188 sq. ft. to 1,868 sq. ft. They are proposing to build the New Beginnings line in this particular tract. Their buyers tend to be 60% first-time buyers. They do not build a house on spec, but they do take reservations and have them qualified through a mortgage lender and they select their house along with all the options which allows them to tailor their home and it also gives the neighborhood a more custom look. Their proposal is to eliminate the 1,000 sq. ft. home and build a 1,100 sq. ft. to 1,659 sq. ft. homes. He presented the color boards for Council's review. He noted that they plan a transition between the existing homes and their product with a buffer and proceeded to describe which house size would be placed on which lot in order to accomplish that buffer. He noted that additionally, they have agreed to include the largest home they build, which is 1,868 sq. ft. on three of the lots. Regarding fencing, they have agreed to offer split-faced block on the perimeter with wood fencing on the rear yards that are not visible from the street. Mr. Strickland then handed out a report of statistics regarding past home sales prices and square footages built in La Quinta noting that of the 573 homes built, 355 fall within the same range as their project, which is 62%. Therefore, he found it difficult to believe that they are not compatible with the homes in the entire area. He then briefly reviewed the history of Quinterra and the sales prices within that project. He requested that the Council grant their appeal to build 1,237 to 1,868 sq. ft. homes. The Mayor declared the PUBLIC HEARING OPEN. Lance Eldred, 79-315 Desert Rock Ct., advised that he was speaking on behalf of 100 + residents in the Topaz subdivision, in support of the Planning Commission's action and in support of the residents of Quinterra. The people who bought in Quinterra were shown how that tract would be developed at the time they purchased and now, the bank, Primerit, is basically saying that they want to abandon the commitments previously made by down-sizing the homes almost by half. The Planning Commission, after numerous hearings, determined to grant a modification of the plan originally approved. During that process, they looked at the zoning ordinance, General Plan, Housing Element, and in particular, the charges therein, that says that development must be harmonious and that there must be compatibility with neighboring structures and development and consistency BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 * City Council Minutes 13 October 19, 1993 in plan and concept. However, the Quinterra residents feel that the Planning Commission's action didn't go far enough that there is too much variance and it is not harmonious or consistent with what they were promised. Forecast Homes does not build 2,000 sq. ft. homes they only build starter homes. He believed that the Council could deny both appeals and approve what the Planning Commission has done and ratify that decision; or approve the Planning Commission's decision with modifications. The Council could also wait until the task force that has been created can create an ordinance to give definition to the Council's concepts so that adequate guidelines that relate to incomplete tracts can be established. Kirn Lee Job, 79-100 Ladera, spoke in opposition to the Planning Commission's decision. He referred to a letter from Primerit Bank dated September 13, 1993 to the Planning Commission in which they indicate a Plan B, in which, if they cannot get City approval of Forecast's project, they will reduce the price of the land until they can get a builder who can build a comparable home. He wished to see the same size homes they currently have. Jeannine Robertson, 44-530 Tortola Circle, turned in petitions signed by 344 people in addition to the previous 150 turned in at the Planning Commission meeting) in opposition to Forecast Homes. She said that while she has no objection to smaller, starter-homes, they do not belong in an existing subdivision with larger homes. She asked if anyone present would buy a home in a new tract if they were told that after they closed, that a home half the size and half the price of yours would be built next door. The homeowners relied in good faith on representations that were made by the original developer along with agents of Primerit Bank and City Officials. Dan Bresnahan, 79-150 Camino Del Oro, believed that Mr. Eldred covered most of the material he wished to cover and stated that he is opposed to the proposed development as it now stands. The homeowners have as much interest in protecting their investments as the banks do. He didn't see how the Council could win in this Situation, but hoped that they will vote in the best interest of the residents and homeowners and that previous promises will be upheld. Louis Glick, 44-270 Villeta, commented on the beauty of the new Civic Center, and noticed that the wall along Washington Street is compatible with the Civic Center and that the proposed Senior Center and Library will also be compatible. He knew that the Council would not allow anything to be built On site that is not compatible with the original plan and hoped that the Council will allow the compatibility of his subdivision to remain and be protected. Robert Loewen, 4 Park Plaza, Irvine, 92714, Attorney, representing Primerit Bank, spoke regarding the statements made about misrepresentations and stated that Primerit Bank denies that it ever made any misrepresentations to anyone, and denies that it ever BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 14 October 19, 1993 concealed any facts from anyone. He noted that Best, Best & Krieger has filed a complaint with the DRE, which is set up to resolve disputes like this and it is not an issue that the City Council should be deciding. The Council must decide what its jurisdiction is and what to do about this project and the Planning Commission decision. Regarding the issue of jurisdiction, he disagreed that the Council has the power to tell Primerit what to do or to deny the project. Regarding the low-moderate income housing issue which BB&K surfaced in their letter, both the State Legislature and the City's Housing Element says that there's a dire need for more housing like the housing Forecast is proposing to build and because of that, there are lirnitations as to what types of arguments are allowed to be made concerning that kind of housing. It is not permissible, under State Law to deny this project because of the price or size of the houses. He noted that there is a definition of low-moderate income housing which is based upon a formula based upon median income. BB&K says that without any data to support it, they don't qualify under that formula. He felt that it's incumbent upon the City Council to obtain the data and determine if they do qualify. Additionally, they have relied upon another Government Code Section which does not have that limitation, but simply requires the City Council to refrain from considering such things, as what they're going to do to the value of these properties and who will move into the new homes. Regarding the issue of compatibility, he asked an expert to look into it and found that 47% of the existing houses in that area fall within the house sizes Forecast is proposing to build, which doesn't make it incompatible. Edward W. Schumacher, 43-810 Skyward Way, stated that his concern is that any decision of the City Council which would permit a secondary developer to complete a tract with houses of lesser size, quality and appearance as what is currently in existence would result in market reduction of the existing homes. He urged that the Council establish a policy to the effect that any new developer who proposes to resume construction of houses within an incomplete tract must conform to the standards of the existing residences with respect to size, quality and appearance. Joseph A. Irwin, 44-065 Camino La Cresta, advised that the residents of Rancho Ocotillo are adamantly opposed to the proposed project. They urged the Council to enact meaningful legislation to protect residents of partially built-out tracts like Quinterra so that continued development will be comparable in size, quality and architectural appearance. John Shumway, 3188-A Airway Ave., Costa Mesa, principal of Market Profiles, advised that he was asked by the firm of Gibson, Dunn & Crutcher, to conduct an independent evaluation of the market area surrounding the Quinterra project. He proceeded to review his methodology in preparing the report. He was particularly asked to look at the impact on value the Forecast homes would have on the existing homes. They first looked at the proposed pricing of Forecast and compared them with the last sales prices of Quinterra. Their findings showed that the sizes and prices of the Forecast BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 15 October 19, 1993 homes and the existing homes in Quinterra seem to be well distributed within a market. The result of their analysis was that the square footage and the sales price ranges in North La Quinta are distributed such as to make these nine subdivisions very homogenous. Specifically, the smaller square footage homes were found not to be in dominant numbers to the extent that would cause a weighting in square footage toward the smaller range, and subsequently, in the price of homes. It has been their experience that under the theory of conformity, which most communities adhere to in their General Plans, a neighborhood or submarket area would have to become extremely out of balance to have any effect on the pricing and value of homes. The addition of 94 new homes by Forecast in the size ranges of 1,237 to 1,868 would increase the overall percentage of smaller homes in the market from 47% to 54%. This relatively small change in the mix of smaller and large homes should have no impact on overall pricing. Barbara Torres, Appraiser, 44-755 San Clemente Circle, Palm Desert, advised that she was asked by the residents to speak about the value issue. She believed that the proposed homes will definitely devalue the existing homes in Quinterra. She disagreed with Mr. Shumway, because the market does show a negative effect when you mix products of the types being proposed. She noted that these homes will be there for 50-60 years and no one will want to buy there if it isn't appealing. Marty Butler, 44-180 Rancho Ocotillo Dr., commented that the people in Quinterra are terrified that their major investment could be down-graded. Jerry Kurbato?, 43-695 Skyward Way, said that he doesn't object to the product being proposed, only the location. He then explained what's happened to his $320,000 home during the past three years due to the economy. It is now appraised at below $240,000. He strongly believed that a home of lesser value will adversely impact the value of the existing homes. ALLAN Levin, 77-564 Country Club Dr. representing the Building Industry Association, explained the process and costs that a developer goes through to get to the point of submitting plans to a City. He commented that Forecast received approval from the Design Review Board and now the City wants to change the rules. If the City wants to change the rules, that's okay for future development, but they should not be imposed on a project which has already been submitted. Douglas Phillips, Attorney with Best, Best & Krieger, 39-700 Bob Hope Drive, Suite 312, Rancho Mirage, advised that he was representing the homeowners of Quinterra and Rancho Ocotillo. He believed that it appears clear that the City Council has jurisdiction to decide these issues. The Council is not required to grant the appeal and approve the proposed project. There is a condition in the Tentative Map Condition No.28, which he believes affords the City, before Building Permits are issued, the right to review the architecture, elevations and house sizes. The houses sizes of 2,071, 2,383, and 2,595 BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 16 October 19, 1993 sq. ft. have already been approved. The applicant is seeking a change from what has already been approved. The residents are not asking that any conditions be added to what has already been approved in the Tentative Map. They are simply asking that the Council review the proposed house sizes pursuant to Condition No.28 and determine if they are harmonious and compatible with the subdivision. This is not a low-moderate income housing project these homes are selling for, in excess of $100,000, which is not a low-moderate affordable house. These homeowners were promised that the remainder of the subdivision would be consistent and compatible. They have also submitted an appraisal report which makes it clear that if the Council approves the proposed homes, it would have a devastating impact on the home values of Phase I of Quinterra. Bruce Srickland, commented that while the original developer had a concept, it didn't work. Something had to be changed and the market has conditioned it to the changes that have been proposed here. He believed that the property owner, Primerit, also has rights. He believes that they are in conformance with the General Plan and the Housing Element and all other City Codes. He then read Condition No.28, which they intend to conform to it does not condition the size of the house. Douglas Phillips, advised that Condition No.28 addresses architectural standards and vision of architectural elevations. The City Code amplifies that condition which talks about harmony and compatibility in two different sections. He cited the Grumain case in San Francisco, in which the Court affirmed that the City's Planning Commission denial of a building permit to construct a house that, because of its size, was not in character with other homes in the neighborhood. There were provisions in their City Code which talked about harmony and compatibility which is what the Court hung its hat on. He suggested that if the Council still has doubts, that they might wish to consider a moratorium to study the City's standards. Bruce Mercy, 79-080 Ladera, advised that he was the first home-owner in Quinterra and if Forecast is allowed to build these homes, he will stand to lose $40,000 $50,000 in devaluation. Betty Williams, 42-600 Cook St., noted that she is a developer/builder and builds structures in all price and size ranges, but she always builds in the right location. Robert Tyler, 44-215 Villeta, spoke in opposition to the proposed development and urged denial of the appeal of Primerit/Forecast Homes. Jenny Plants, resident of Topaz, commented on the beauty and uniqueness of La Quinta and the need for quality development. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 17 October 19, 1993 Council Member Sniff believed that a short period of time i.e. two weeks) is needed to evaluate all the information that has been presented this evening. He noted that the Council directed staff, on October 5th to proceed with looking at guidelines and standards for incomplete projects and to also report on the issue of house sizes. They are to return with a report within 60-days. Council Member Perkins agreed that a great deal of new information was submitted this evening which needs to be reviewed before he would be in a position to make a decision. He agreed that the Council needs to proceed as quickly as possible. This Council is very concerned about making the right and proper legal decision. Council Member Bangerter supported a two-week continuance to review the late information which has been received within the last two days. She was very sympathetic to what is an emotional situation on both sides. She had great respect for both sides and a lot of good points have been raised from both sides. She hoped that this can be kept on an impersonal level as it becomes emotional. She believed that the Council will be considerate and fair to all concerned. Council Member McCartney stated that he understood the people wanting to see this issue resolved in as reasonable manner as possible. He supported the suggestion for a continuance. He suggested that both sides sit down and try to mediate this dispute and possibly bring in an outside mediation service to see if there is a possibility to mediate this dispute. Mayor Pena commented that the Council is very sensitive to the issues before them and noted that they have received new information up to the beginning of the meeting, which has not been reviewed by staff, and therefore, supported a continuance. He believed that it's in the best interest of the City to keep property values rising and hoped that the decisions of the Council will encourage La Quinta to proceed forward in the Coachella Valley as a leader of both quality and life-style. The Council works very hard to promote those values and standards for the community. MOTION It was moved by Council Members Sniff/Bangerter to continue this matter Appeals of Forecast Homes and Best, Best & Krieger) to November 2, 1993 to give sufficient tirne to thoroughly review all the information received on this matter and for staff to bring back a potential mediation procedure for consideration and that the public hearing be reopened for further comment at that time. Motion carried unanirnously. MINUTE ORDER NO.93-217 BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 18 October 19, 1993 2. PUBLIC USE PERMIT 93-016 FOR LA QUINTA SCULPTURE PARK LOCATED AT 57-325 MADISON STREET. APPLICANT: BERNARDO GOUTHIER. Council Member McCartney abstained due to a conflict of interest and left the dais. Mrs. Mouriquand-Cherry, Associate Planner, briefly reviewed the staff report which was presented to the City Council on September 21, 1993. At that time, the City Council directed staff to set a public hearing on the Public Use Permit application. Mrs. Mouriquand-Cherry addressed concerns Council bad previously raised relative to the parking lots, the fire emergency road, and the two emergency access gates She advised that the emergency gates would remain locked at all times and only the Fire Department would hold the keys to the Knox Box locks and a No Parking" sign would be posted at the fire lane. She advised that for large events, staff has set a threshold of 120 people calculated on an average of 4 passengers per vehicle times the 30 parking spaces) For events exceeding this number, the applicant would be required to apply for a Temporary Outdoor Event Permit. Mrs. Mouriquand-Cherry advised that the applicant requested reducing the size of the art gallery to 2,000 sq. ft., approximately half the size as originally proposed, and the parking lot from 52 spaces to 30 spaces which would adequately serve the school and the filture art gallery with adequate room left for expansion. She further advised that he has also requested approval of a 24 sq. ft. free-standing wooden sign at the public entrance gate. Because this sign was not reviewed by the Design Review Board, staff recommended additional review of the proposed sign by the Design Review Board. In response to Council Member Perkins, Bernard Gouthier, applicant, 57-325 Madison Street, advised that the school will have a call button for the students to call for shuttle transportation from the parking lot to the school. He advised that he cannot have a monument sign because the setback will be moved. Mrs. Mouriquand-Cherry explained the reason for the setback and that this is a temporary location for the sign. Mr. Gouthier advised that he is in agreement with the proposed conditions, however, he questioned the street improvements for Madison Street. After Mr. Speer, Ass't Engineer, clarified this condition, Mr. Gouthier agreed to all conditions. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. In response to Council Member Sniff, Mr. Gouthier advised that there is an existing 12 ft. driveway that will be used to transport students from the parking lot to the school. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 19 October 19, 1993 In response to Council Member Perkins, Mrs. Mouriquand-Cherry stated that the maximum capacity the school will seat is 20 students. Mayor Pena was concerned about the possibility of vehicles parking in the fire lane during a major public event. Mr. Gouthier stated that a continuous curb will be installed so vehicles cannot drive over the parking lot area In response to Council Member Perkins, Mr. Gouthier advised that there are plans in the future for three additional parking lots the same size as the existing one. Mayor Pena was more comfortable with the project knowing the control the City has over these issues of concern. Council Member Perkins and Council Member Bangerter both felt that this was a very interesting and exciting project. MOTION It was moved by Council Members Sniff/Bangerter to approve Public Use Permit 93-016 subject to the attached Conditions of Approval and to certify the Negative Declaration of Environmental Impact for EA 93-269 subject to required mitigation measures contained in the Initial Study. Motion carried unanimously. MINUTE ORDER NO.93-218. MOTION It was moved by Council Members Sniff/Bangerter to require the proposed free-standing sign to be reviewed by the Design Review Board. Motion carried unanimously. MINUTE ORDER NO. 93-219. 3. CONSIDERATION OF PARK DESIGN AND ADOPTION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 93-262 PREPARED FOR THE PROPOSED PALM ROYALE PARK LOCAThD ON THE WEST SIDE OF ADAMS STREET, BETWEEN MILES AVENUE AND FRED WARING DRIVE. APPLICANT: CITY OF LA QUINTA. Mr. Bohien, Parks & Recreation Manager, presented the proposed Master Plan for Palm Royale Park located on the southwest corner of La Palma and Adams Street. It is currently composed of two parcels a 2.49 acre flat section and a 2.26 acre retention basin. He advised that the park will be developed in two phases and staff has worked with the Community Services Commission and T.I. Maloney, the design firm, in developing a design for this park. Mr. Bohlen recommended approval of the design and Master Plan and adoption of the Environmental Assessment for this project. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 20 October 19, 1993 Roger Drayer, Landscape Architect, T.I. Maloney, explained that they held two public workshops at which time, three design schemes were presented to those in attendance. The community indicated that they wanted a very low-keyed passive park, not one that would generate organized sports activities. They desired two play areas one for toddlers and one for grade school children. The amenities would include an overhead shade structure, seat walk configuration around the play areas and a water feature which is an abstract palm sculpture. There will be a sidewalk from the northeast entrance connecting to the play areas and a jogging path throughout the park. The park will be screened with trees and shrubs along the southern edge of the park and on Adams Street. He advised that there will be low level security lighting at night and parking will only be allowed along the park side of Adams Street. In response to Council Member Perkins, Mr. Drayer advised that there would be approximately 18 parallel parking spaces along Adams Street, and Mr. Bohlen advised that it was the community's desire to ensure that this will be a neighborhood park. Therefore, the people using it will be coming from the imrnediate area. Council Member Perkins felt that the lights need to blend in with the park while maintaining the proper lighting for security during the evening hours. Mr. Drayer pointed out possible placement of lights. In response to Council Member McCartney, Mr. Bohlen advised that the park could accommodate approximately 50 or 60 people comfortably and the 2 1/4 acres of open space could accommodate a youth soccer team. Council Member McCartney felt that two picnic tables are inadequate and would like that increased to approximately eight or ten to accommodate the community's needs. Mr. Bohlen commented that the community preferred no tables. He suggested considering adding tables during the second phase of the project. In response to Mayor Pena, Mr. Bohlen stated that a misting system is not essential. It is an innovative site feature so the community could use the park during warmer weather. He further advised that staff suggested the design firm consider Miracle playground equipment, which is primarily made from plastic, similar to the equipment used at Panorama Park in Cathedral City. Mr. Drayer also suggested other product lines for consideration. In response to Council Member McCartney, Mr. Drayer explained that there will be a 30 ft. long concrete block seat wall configuration 12 inches wide and 18 inches high along the outside of the play area. This wall continues around to form the retaining wall for the berm on the backside as well as at the southern play area. Mr. Bohien noted that there will also be picnic benches near the play areas. BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 21 October 19, 1993 The Mayor declared the PUBLIC HEARING OPEN. Mr. Tyler, a gentleman in the audience, asked when the second phase would begin and if trees could be planted during the first phase so they could begin developing. Mr. Bohlen advised that developing the second phase would depend on funding availability and further advised 110 trees will be planted in the first phase. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.93-83 A RESOLUTION OF THE CITY COUNCIL OF LA QUINTA, CALIFORNIA, APPROVING THE PALM ROYALE PARK DESIGN AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 93-262 FOR PALM ROYALE PARK AND ADOPTING THE MITIGATION MONITORING PLAN FOR THE PROJECT. PALM ROYALE PARK. ENVIRONMENTAL ASSESSMENT 93-262. It was moved by Council Members Sniff/McCartney that Resolution No. 93-83 be adopted as submitted. Motion carried unanimously. 4. WEED ABATeMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1994/95 TAX ROLLS. a. Garcia, Mary C. APN 773-084-004 $187.50 b. Southfork Ent. APN 773-143-021 $187.50 C. Southfork Ent. APN 773-144-014 $187.50 d. Snellingberger, Roger APN 773-213-005 $187.50 e. San Fernando Airport APN 773-334-011 $187.50 I. Patton, James J. APN 773-143-011 $187.50 g. Stellar, Richard E. APN 773-141-011 $187.50 h. San Fernando Swap Meet APN 773-141-003 $187.50 I. Fritz Burns Foundation APN 773-134-003 $187.50 j. San Fernando Swap Meet APN 773-133-014 $187.50 k. San Fernando Swap Meet APN 773-133-010 $187.50 1. Reyes, Frank APN 773-133-008 $187.50 in. Raven, Harry APN 773-132-002 $187.50 n. Patton, James APN 773-131-011 $187.50 0. Schindler, Rudolf APN 773-131-010 $187.50 p. General Contract Management APN 773-131-001 $187.50 q. San Fernando Swap Meet APN 773-085-016 $187.50 BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 22 October 19, 1993 r. Patton, James APN 773-04?010 $187.50 5. San Fernando Swap Meet APN 773-045-007 $187.50 t. Bayless, Joseph & June APN 773-043-022 $187.50 U. Sprow, Robert APN 769-262-021 $187.50 V. Triad Pacific Desert Dev. APN 604-144-019 $187.50 Triad Pacific Desert Dcv. APN 604-144-020 $187.50 Triad Pacific Desert Dev. APN 604-144-021 $187.50 Triad Pacific Desert Dev. APN 604-144-022 $187.50 Triad Pacific Desert Dey. APN 604-144-023 $187.50 Triad Pacific Desert Dcv. APN 604-175-001 $187.50 Triad Pacific Desert Dcv. APN 604-175-002 $187.50 Triad Pacific Desert Dev. APN 604-175-003 $187.50 Triad Pacific Desert Dcv. APN 604-175-004 $187.50 Triad Pacific Desert Dev. APN 604-175-005 $187.50 Triad Pacific Desert Dcv. APN 604-175-006 $187.50 w. Olander, Helen & Mfred APN 774-242-017 $187.50 Mr. Hartung, Building and Safety Director, recommended that the costs be placed on the 1994195 tax rolls with the exception of Mary C. Garcia, Harry Raven, Rudolf Schindler, General Contract Management, and Helen and Alfred Olander who have paid their assessments. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.93-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVWING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATeMENT OF PUBLIC NUISANCE. It was move by Council Members Sniff/McCartney that Resolution No.93-84 be adopted as amended removing Mary C. Garcia, Harry Raven, Rudolf Schindler, General Contract Management, Helen and Alfred Olander. Motion carried unanimously. CLOSED SESSION a. Discussion of potential litigation pursuant to Government Code Section 54956.9(a) Primerit Bank/Forecast Homes b. Discussion of personnel pursuant to Government Code Section 54957 Evaluation process for Council-appointed positions Personnel Scheduling BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02 *City Council Minutes 23 October 19, 1993 The City Council reconvened with no action being taken. There being no flirther business, the meeting was adjourned. Re ctfully submitted AUNDRA L. JUH City Clerk City of La Quinta, alifornia BIB] 01-25-96-U01 03:09:40PM-U01 CCMIN101993-U02