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1993 11 02 CC MinutesD LA QUINTA CITY COUNCIL MINI?MINUTES NOVEMBER 2, 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, Perkins, Sniff. Mayor Pena ABSENT: Council Member McCartne'i MOTION It was moved by Council Members Sniff/Bangerter that Council Member McCartney be excused. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Hunt, City Manager, advised that there were revisions made to the Minutes of October 19, 993 on Pages 1 and 19. Mayor Pena advised that Council Member McCartney requested that Business Session No.9 and Study Session No.2 be continued to November 16, 1993. Council Member Perkins requested that Consent Item No.5 be made Business Session No.10, due to a conflict of interest. MOTION It was moved by Council Members Sniff/Bangerter that revised Pages 1 and 19 of the Minutes be added to the agenda and to pull Consent Item No.5 and add it to the Business Session agenda, noting that the need to take action arose after the agenda was prepared. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of October 19, 993 be approved as revised. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENT None BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 2 November 2, 1993 WRITTEN CORRESPONDENCE None BUSINESS SESSION CONSIDERATION OF APPROVAL OF SPECIAL ADVERTISING DEVICE 93-035 FOR ACACIA CONSTRUCTION, INC. TO PLACE 13 FLAGS ALONG MILES AVENUE AND 8 FLAGS AROUND PROPOSED MODEL COMPLEX FOR TRACT 23268- ACACIA. Mrs. Mouriquand-Cherry, Associate Planner, advised that the applicant, Acacia Construction, has requested approval to place 15 flags along the north side of Miles Avenue between North Harland Drive and Seeley Drive, and eight flags around the proposed model home complex along West Harland Drive east of Seeley Drive. Flags have been previously approved and erected at this location and the existing flag holders will be used. However, on staff's recommendation, the applicant has revised the request for a total of 21 flags. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that it would be appropriate for Council to take action on this request, because the appeal which has been f-lied relative to this project is independent of this request. Mayor Pena was concerned about deterioration of the flags over a period of time and asked that the applicant be required to promptly replace any torn flags. Council Member Sniff agreed that a one-year permit was too long and suggested limiting it to six months, at which time it could be reviewed for an extension. MOTION It was moved by Council Members Sniff/Bangerter to approve the request from Acacia Construction, Inc. for Special Advertising Device 93-035 consisting of 13 flags along Miles Avenue and eight flags around the model complex for Tract 23268 Acacia, Applicant: Acacia Construction, Inc., limiting this approval to six months, subject to a six-month extension and any flags torn to be replaced promptly. Motion carried unanimously. MINUTE?? ORDER NO.93-220. 2. CONSIDERATION OF STREET NAME CHANGE 93-003 REQUEST TO CHANGE SCHWABACKER ROAD TO QUARRY LANE LOCATED IN TRACT 27728, SOUTH OF LAKE CAHUILLA. APPLICANT: LA QUINTA GOLF PROPERTIES THE QUARRY AT LA QUINTA). Mr. Sawa, Principal Planner, advised that La Quinta Golf Properties is requesting to change the name of Schwabacker Road to Quarry Lane because it will coincide with the BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 3 November 2, 1993 project's name. The Quarry at La Quinta, which is currently under construction a?d will consist of an 18-hole golf course and 65 single-family residences. This street will lead into the project from the old Jefferson Street alignment. The Planning Cotnmission cornmended approval of he applicant's request at their October 26, 1993 meeting. In response to Council Member Perkins, Mr. Sawa advised that Mr. Myers. adjacent property owner has approved the request in writing. RESOLUTION NO. 93-? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION TO CHANGE THE STREET NAME SCHWABACKER ROAD TO QUARRY LANE. It was moved by Council Members Sniff/Bangerter that Resolution No.93-85 be adopted as submiued. Motion carried unanimously. 3. CONSWERATION OF A CVAG APPLICATION FOR STATE FUNDS, A USED OIL RECYCLING BLOCK GRANT, FOR A REGIONAL EDUCATION PROGRAM. Mr. Baker, Principal Planner, advised that the resolution submirted, provides for City participation in a CVAG application for a State Used Oil Recycling Grant. The total amount being requested in the grant application is $65,920. The program is a public education program for the proper disposal of used oil. Council Member Bangerter clarified that the funds being requested is State grant money, not City funds. In response to Council Member Sniff, Mr. Baker advised that the grant will be for one year. and the State will decide in January who the grant recipients will be. RESOLUTION NO.93-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT FOR A REGIONAL PUBLIC EDUCATION PROGRAM. It was moved by Council Members Sniff/Bangerter that Resolution No.93-86 be adopted as submitted. Motion carried unanimously. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 4 November 2, 1993 4. CONSIDERATION OF APPROVAL TO POOL CITY AND THE REDEVELOPMENT AGENCY ACCOUNTS. Mr. O'ReilIy, Finance Director, advised that this matter was presented at the June 15, 1993 Council meeting at which time staff was directed to present this matter before the Investment Advisory Board for their review. The Board recommended at their October 13, 1993 meeting to consolidate City and RDA funds into one pooled function. Mr. O'Reilly noted that the transfers that are necessitated using the two separate pooled accounts would be eliminated and the LAIF process would be streamlined creating a savings in interest because they would not have to remove it and then reinvest it. MOTION It was moved by Council Members Sniff/Bangerter to approve the pooling of City and Redevelopment Agency accounts. Motion carried unanimously. MINUTE ORDER NO.93-221. 5. CONSIDERATION OF NEIGHBORHOOD ACTION TEAM PROGRAM. Mrs. LiCalsi, Personnel & Budget Manager, advised that in June, the City Council directed staff to further study the possibility of forming a Neighborhood Action Team Program. In studying the possibility of such a program, staff has talked to several other cities and looked at both a formal and informal type of a program. Because a formal program would require hiring additional staff, staff is recommending formation of an informal program using existing staff and existing processes for receiving input form the community. In doing the informal structure, staff recommends five neighborhoods outlined. The idea behind such a program is to allow people who have similar interests, similar interests within their neighborhoods, to come together as a group to discuss those issues, not only amongst themselves, but with staff members that they may wish to have at their meeting. This provides the Council with hearing from the neighborhood, a consensus of opinion, and provides people who may be hesitant to come to a Council meeting to speak Out in a forum which might be more comfortable for them. If the Council wishes to form such a program with five neighborhoods, there is a proposed budget outlined in the staff report of $2,250 for office supplies and printing. Council Member Sniff believed that the citizens currently have every opportunity to come before the Council with issues of concern without forming such a program. He also noted that on May 19th he submitted a memo containing a number of questions, to which he has not had a response. Mrs. LiCalsi advised that staff attempted to address most of his questions in the staff BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 5 November 2, 1993 report and noted that most of the questions related to a program with a more formal structure and at this point. staff's recommendation is a more informal structure. Council Member Perkins was supportive of any kind of a program that would provide a method in which the citizens can feel free to bring issues to the Council through an informal method. He asked how the people will be reached and how will the formation of the neighborhoods be accomplished. Mrs. LiCalsi advised that staff would use a number of public relation sources such as the newsletter, the Desert Sun, and radio time, as well as communicating with the community through flyers to let them know of their neighborhood boundaries and that staff is available to assist. Mayor Pena questioned how this program differs from a Homeowner's Association and Mrs. LiCalsi advised that it would not override a HOA, but would provide the people in a gated neighborhood with an issue larger than their particular area, an avenue in which to bring that concern to Council. In flirther response to Mayor Pena, Mrs. LiCalsi advised that the program would not be City driven," but rather Neighborhood driven." Council Member Bangerter wished to see a program developed in-between the two options offered. Developmental issues are important, however, she would also like each neighborhood develop disaster preparedness programs and crime prevention programs, so when disasters occur, the community is prepared and organized. She felt an overly structured program is not necessary but some structure is required in order for the program to work effectively. She noted that we previously had a Citizens on Patrol Program. but it was consistently the same people participating; whereas, through this kind of program we could have several people each weekend assigned to be out on patrol. Once word gets out, people looking for trouble will avoid La Quinta when they know there is such a program in existence. She didn't wish to diminish development type issues, but just wanted to point out that there are other kinds of issues involved. Mayor Pena noted that there is a NEST Program being developed by the Building & Safety Department which addresses the concerns of disaster preparedness. and establishes neighborhood captains in the event of a disaster. The Citizens on Patrol Program ended when crime activity ended because of the fine job the citizens were doing. He suggested changing the program name to Neighborhood Information Program because it gives more definition to what the program is about. Council Member Sniff stated that they need to get a firm handle on what is expected from both the City and the citizens. He stated there is merit to this program and would support it but would feel more comfortable if the program was defmed in greater detail. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 6 November 2 993 He concurred with Council Member Bangerter on a program in-between the two proposed which would not require an enormous amount of City time and also suggested forming one or two prototypes. At the end of the fiscal year. the City could decide whether or not to continue and/or expand this program. Mayor Pena was supportive and suggested combining elements of the NEST Program with this program. He supported a trial basis until the end of the fiscal year. Council Member Perkins concurred and commented that there are citizens who are reluctant to present their concerns in a formal setting, and, therefore, would like to see a program developed in-between the two options presented and concentrate the program to only two neighborhoods to begin with. Mr. Hunt advised that staff can come back to the Council on December 7th with modifications to the program as discussed here, and target January 1 as the implementation dated. MOTION It was moved by Council Members Sniff/Bangerter to approve the implementation of a Neighborhood Action Team Program and appropriate $2,250 from the Legislative Special Project Contingency Account for the program budget, and further, that we establish two prototype Neighborhood Action Teams under the combination of an informal and formal format concept, conducting a full review by the end of the current fiscal year. Motion carried unanimously. MINUTE ORDER NO.93-222. 6. CONSIDERATION OF APPROVAL OF CUSTOMER SERVICE PROGRAM. Mr. Hunt, City Manager, advised that in an effort to enhance he City's level of customer service, City employees assisted in developing a Customer Service Program which contains a Mission Statement, standards for contacts with citizens and other employees, employee recognition efforts, and handling of citizen complaints. He noted that it is the City's goal to communicate the message of service to the citizens who are the City's number one priority. Mayor Pena stated that this was a great program and liked the concept that citizens are the City's customers. MOTION It was moved by Council Members Sniff/Bangerter to approve the proposed Customer Service Program. Motion carried unanimously. M[MINUTE ORDER NO.93- 223. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCitv Council Minutes 7 November 2. 1993 7. TRANSMITTAL OF TREASURER'S REPORT SEPTEMBER 30, 1993. NIOTION l? was moved by Councii Members Sniff/Ban?erter to receive and file the Treasurer?s Report dated September 30, 993. Motion carried unanimously. MINUTE ORDER NO.93-224. 8. SECOND READING OF ORDINANCE 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 VOLUNThER ADVISORY BOARD. It was moved by Council Members Sniff?Bangerter that Ordinance No.235 be adopted on second reading. Passed by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney 9. FIRST QUARTER BUDGET REPORT. MOTION It was moved by Council Members Bangetter/Sniff that the First Quarter Budget Report be continued to November 16, 1993. Motion carried unanimously. MINUTE ORDER NO.93-225. 10. APPROVAL OF SUPPLEMENTAL SUBDIVISION AGREEMENT FOR TRACT 20052-6 LAGUNA DE LA PAZ ROGER SNELLENBERGER AND ASSOCIATES. Council Member Perkins abstained due to a conflict of interest and left the dais. MOTION It was moved by Council Members Sniff/Bangerter to approve the Supplemental Subdivision Improvement Agreement for Tract 20052-6. Motion carried unanimously with Council Member Perkins absent. MINUTE ORDER NO.93-226. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 8 November 2.1993 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 2, 1993. 2. APPROVAL OF TEMPORARY CLOSURE OF STREETS AND APPROVAL FOR USE OF CIVIC CENTER PARKING AREA FOR THE CHAMBER OF COMMERCE 10-K RUN. 3. APPROVAL OF ThMPORARY CLOSURE OF CALLE TAMPICO ON NOVEMBER 13, 1993 FOR CIVIC CENTER DEDICATION. 4. AUTHORIZATION FOR THE MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 5. REMOVED See Business Session No.10). 6. ACCEPTANCE OF WASHINGTON STREET AND FRED WARING DRIVE EASEMENTS FROM DUTCH PARENT N.V. 7. APPROVAL OF THE KENNEDY SCULPTURE UNVEILING AT THE LA QUINTA CIVIC CENTER ON NOVEMBER 13TH AT 6:30 P.M. 8. ADOFrION OF RESOLUTION ESTABLISHING TEMPORARY NO PARKING ZONES FOR A SPECIAL EVENT BEING HELD IN THE CITY OF INDIO. MOTION It was moved by Council Members Sniff/Bangerter that the Consent Calendar be approved as amended with Items No. 2, 3 and 8 being adopted by RESOLUTION NOS. 93-87, 93-88 & 93-89 respectively. Motion carried unanimously. MINUTE ORDER NO.93-227. STUDY SESSION 1. DISCUSSION OF THE CREATION OF A YOUTH ADVISORY COMMITTEE. Mr. Bohien, Parks and Recreation Director, presented the staff report and the information gathered from the various cities about youth advisory bodies. He advised that a conceptual budget will be developed if staff is directed by Council to further study this issue. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 9 November 2. 1993 Mr. Bohlen referred to the matrix in the staff report and advised that it is staff's recommendation to appoint a five-member committee with three High students from the ages of 15 to 18 and two Junior High students from the ages of 11 to 14 and possibly increasing the number of committee members in the second year. The committee would meet once a month. He stated that staff plans on meeting with various schools who have a focus on developing leadership qualities in students and get their input about this concept. Mayor Pena did not believe that we've listened to the youth of the community enough and that they should be given a voice. This kind of program has been dealt with successfully in other communities. However, he didn't feel that it should have the same kind of equal basis as other boards and commissions and suggested that it be a sub- committee of the Community Services Commission? meeting perhaps three or four times each year. He also suggested that the areas of concern be limited to parks and recreation issues and with the new high school being built, there may be issues develop relative to interfacing with Desert Sands School District. He believed that the responsibilities need to be very focused. Council Member Bangerter was very supportive of such a program and wished for the City move forward with it, as she felt that there is a real need in this community for a youth program. She suggested that the applicants be required to obtain references from a few teachers. Regarding the recommended age group, she believed that there needs to be diversity of age on the committee as diverse ideas are needed. Council Member Perkins felt that we need to know just where we're going with such a committee so they can know what is expected of them. He felt that this is something similar to a student council and believed that the members should be individuals who have peer respect. He commented on the fact that kids are getting tired of the gang activity in the schools and that this might be the right time to establish such a program. He agreed that the makeup of the committee should be larger than the recommended five, perhaps nine members. He was supportive of moving forward with the program after getting more specifics from staff. He also supported it reporting to the Community Services Commission. Council Member Sniff questioned the level of maturity of these kids, how they were going to be selected, and what their role and responsibilitv would be, as well as what they will expect from the City. He felt that more thought needs to be given to this matter before proceeding. Mayor Pena agreed to require students to submit three recommendation letters along with their application. He felt confident in the judgement of the students and their maturity level. A committee member could be removed if a problem occurred. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 10 November 2, 1993 Council Member Sniff was not convinced that it would be workable between High school and junior high students because the older students would dominate the meeting. He felt seven or nine committee members would be more appropriate and that the role of this committee needs to be refined and defined before movin? forward. Council consensus was for staff to further define the program incorporating their comments and recommendations. 2. DISCUSSION OF AMENDING CITY COUNCIL'S RULES OF PROCEDURES CHANGING THE TIME OF CITY COUNCIL MEETING FROM 3:00 P.M. TO 2:00 P.M. Continued to Noverriber 16, 1993. DEPARTMENT REPORTS None. MAYOR AND COUNCIL MEMBERS' ITEMS In response to Mayor Pena, Mr. Herman advised that banners will be included in the Zoning Ordinance when updated in July. Mayor Pena asked that the Chamber of C()rnmerce be contacted about the perrnit process for temporary banners. Council recessed to Redeveloument A2encv Meeting. Council reconvened and went into closed session. CLOSED SESSION A. Discussion of ongoing litigation pursuant to Government Code Section 54956 Refco B. Discussion of potential litigation pursuant to Government Code Section 54956.9(a) Primerit Bank/Forecast Homes C.V.W.D. Storm Drain C. Discussion of Personnel Pursuant to Government Code Section 54957 Evaluation process for Council-appointed positions Personnel scheduling BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 1 November 2, 1993 The Council reconvened at 7:00 P.M. Ms. Honeywell, CiLy Attorney, advised that the City Council concluded a Closed Session under Government Code 54956.9 potential litigation and took action not to pursue a potential claim against the CVWD related to a faulty asphalt plan on Desert Club Drive. PUBLIC COMMENT None PRESENTATIONS None PUBLIC HEARINGS 1. CONTITUED HEARING ON APPEAL OF THE PLANNING COMMISSION DECISION OF SEFIEMBER 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 ARCHrrECTURAL MODIFICATIONS. THE PROJECT SITE IS LOCATED NORTh OF MILES AVENUE AND EAST OF ADAMS STREET. APPELLANTS: BRUCE STRICKLAND, V.P. FORECAST CORPORATION AND BEST, BEST, & KRIEGER. Ms. Honeywell, City Attorney, advised that the Council may wish to consider adding an item to the agenda prior to considering the appeal to adopt an interim zoning ordinance which would affect the project in question. The reason it would be added to the agenda specifically at this time, is because it has come to our attention since the time that the staff report and the agenda was prepared. There are a number of projects that are eminent to be processed by the City that will be or could be affected by the consideration of this interim ordinance. MOTION It was moved by Council Members Sniff/Perkins that an item be added for consideration to the agenda to adopt an interim zoning ordinance on an urgency basis as the need to take immediate action arose subsequent to the agenda being posted as staff has received significant new information that there are several other developments which would be impacted by the proposed interim ordinance and they are eminent. Motion carried unanimously. MINUTE ORDER NO.93-228. Ms. Honeywell explained that the proposed interim zoning submitted to the Council for consideration must be passed on a four-fifths vote and is initially in effect for only 45 days. The proposed draft ordinance submitted by staff is very narrowly-tailored to BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 12 November 2. 1993 address subdivisions where there has been a partial build out of the subdivision and the owner or developer is planning on changing something about the original part of the subdivision that was built. The particular draft ordinance has a recommendation for example, that it only appues where there is a 10% change or more in the proposed size of the dwelling units. However, the Council is free to change details like that in their deliberations. It would affect all subdivisions in the R-1 Zone in the sense that if any of them happen to fit the criteria of being partially built Out and wanting to make changes, they would then fall under the proposed ordinance. At this time, there are several developments in process or about to be in process that will be potentially affected. She also noted that Council only has the authority to adopt this type of an ordinance where they are anticipating a study or actually undergoing a study to approve a zone change or other planning change that will result in potentially impacting the proposed type of uses that would be requested, and are therefore, being halted pending the study and consideration ot the adoption of the new zoning ordinance. She advised that Council has directed staff to study some particular zoning revisions dealing specifically with subdivisions that have already started to be built and for whatever reason, they are wanting to come in and make changes to the onginally-approved designs and building. Since the study is already underway, we're not anticipating that it will take a long time to come back with a report. If Council does approve the ordinance, it is effective for only 45 days, and in order to extend it, a public hearing will be required and again, a four-fifths vote will be required to extend it. The Mayor declared the PUBLIC HEARING OPEN. Allan Levin. 77-564 Country Club Drive, Palm Desert, representing the Building Industry Association. stated that they oppose a moratorium because of the connotations it presents to the public and the news media. Bruce Strickland, 10670 Civic Center Drive, Rancho Cucamonga, representing Forecast Homes. commented that he, too, opposes a moratorium specifically as it relates to their project, as they feel certain that the conditions as written. for their project, it would not apply. He asked that the public hearing be continued and that Council make a decision on their project at this time. Robert Loewen, 14 Park Plaza, Irvine, 92714, Attorney representing Prirnerit Bank, objected on the bank's behalf of a moratorium based on the grounds of an absence of notice. absence of an emergency, no findings on health. safety, and welfare, no evidence to support any findings on health, safety and welfare, and that this is an attempt to deny his client, permits to build this project. If this moratorium is enforced on Forecast project, he believed that it would be illegal and subject to a petition writ of mandate in Superior Court. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 D City Council Minutes 13 November 2, 1993 Barbara Erwin, 44-065 Camino La Cresta in Rancho Ocotillo, supported a moratorium on partially built-out subdivisions of not more than 90 days that is structured, orderly and business-like. She believed that if the City does not act on this. there will be nothing left to save because developers are quickly purchasing land and pushing their plans through before the City has an opportunity to enact an up-dated zoning ordinance. Robert Tyler, 44-215 Villeta Drive, stated that originally he was opposed to a moratorium, however, he has since reconsidered it after closely watching developers in the City. He resents the fact that these people do not have any interest in what happens to the City. He reminded the Council that the citizens of La Quinta are their number one priority. Kathleen Harmon, 78-835 Villeta Drive, spoke in opposition of the development going on without homeowners being notified and there are homes in their area that do not match La Quinta Vistas, La Quinta Highlands and Betty Williams, Corp. and asked that the City do something about it. Douglas Phillips, 39-700 Bob Hope Drive, Rancho Mirage, Lawyer with Best, Best & Kneger, representing Quinterra and Rancho Ocotillo Homeowners Associations, advised that he reviewed the interim zoning ordinance and found it to be legally adequate and containing the appropriate fmdings He stated that there are a number of cases that state that this is a legislative act, that notice and hearing is not necessary and that when this body makes the finding of an emergency and such a finding exists, that is sufficient. The most recent decision on this was rendered in the Federal Court in the Ninth Circuit about two weeks ago in a case entitled Conrow vs. Torrance and in particular. there was an argument there with respect to an urgency ordinance that was adopted and one of the arguments was that there was no emergency and the Court responded that whether a legitimate emergency actually exists is normally left to legislative discretion and a declaration of emergency is a prima facia evidence of urgency." In addition, the Court went on to discuss the legislative character of this type of enactment and indicated that procedural due process requirements of notice and hearing do not apply, generally, to this type of legislative act under these types of circumstances". The Court in that case determined that the interim ordinance, which basically, had much the same effect that the one under consideration has. was valid and adequate and that the claims by the developer were overruled. He urged Council to adopt this ordinance. Debra Yanez, 70-825 Villeta Drive, spoke in opposition of the 22 homes being built in the center of La Quinta Highlands, because they are not compatible and will lower their property values. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 14 November 2.1993 There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Mayor Pena, Mr. Herman, Planning Director, advised that there are approximately 14 developments in various stages of development throughout the City that would be affected by this proposed interim ordinance. In response to Mayor Pena, Ms. Honeywell advised that this interim ordinance is designed to address only the issue the Council has requested that the Planning staff study and return with a potential zoning ordinance change which would consider putting in place some regulations relating to the completed build-out of subdivisions that have already started and wish to come in and somehow alter the originally-approved plans. It is intended to dovetail with the specific zoning ordinance that Council has already directed to be studied and brought back to them for consideration. In further response to Mayor Pena, she advised that the draft ordinance has an element in which you could have a design which resulted in less than 10% of a change and you would not come under the constraints of the interim ordinance. This ordinance affects any change that is more than 10% from the original plan, so it would equally affect a change in size that would be greater than 10% as well as 10% smaller. It affects all R-1 Zoning, so it's across the entire City. She pointed out that it only affects subdivisions that had an original plan approved and built-out some of that original plan and they are now coming in for a change. This is what is linked to the perceived threat to the health, safety and welfare of the community, in that the zoning regulations is for the purpose. and under the City's police power, the purpose of promoting orderly and safe, harmonious development within the City. The Council has had testimony over the last several weeks from numerous City residents, in which there is a perceived, very real fear that there is an emergency here to get some controls in order to promote a harmonious development of the City. In response to Mayor Pena regarding a definition of welfare, Ms. Honeywell advised that in the scope and purpose of zoning, and in promoting the safe, orderly and harmonious development of the City, iL would be promoting the welfare of the citizens of the City. She further stated that the specific purpose of an interim ordinance is specifically designed in Government Code Section 65858 so the City is not required to give prior notice in order to adopt this procedure. This is why it is effective for only for 45 days and if it's going to be continued beyond the 45 days, public notice is required. She pointed out that Mr. Loewen had actual notice in the fact that he attended here tonight, that it was part of the staff report that the Council would be considering at least, as an option, the adoption of an interim ordinance. BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 15 November 2.1993 Mayor Pena stated that he has always been opposed to moratoriums. however this interim ordinance is very specific and only affects approximately 14 developments in the City. He felt Council must act in a rather forceful manner to make sure we continue with the orderly growth of the CiLy. Council Member Sniff believed that the Council and City needs a reasonable and short period of time to deal fairly and effectively with such a significant issue. The City will be fair to all interested parties in the shortest possible time frame. MOTION It was moved by Council Members Sniff/Perkins that Ordinance No.236 be taken up by title and number only and waive further reading. Motion carried unanimously with Council Member McCartney absent. ORDINANCE NO.236 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9, CHAPTER 9.32 OF THE MUNICIPAL CODE BY ADDING SECTION 9.32.020 G, MORATORIUM ON DESIGN DEVIATIONS IN RESIDENTIAL SUBDIVISIONS. It was moved by Council Members Sniff/Perkins that Ordiaance No.236 be adopted. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney In response to Mayor Pena, Ms. Honeywell advised that now that the interim ordinance is adopted, any action that may have been taken on the appeal will be stayed pending the duration of the interim ordinance. Council Member Sniff stated that it is his hope and direction to staff that this process be expedited with no delays whatsoever. Council Member Perkins expressed his appreciation to both sides and their conduct during this very difficult time the Council has had in making this decision. Council Member Bangerter stated that she had a great appreciation for both sides of this issue. This was a very difficult decision for her to make because she is extremely opposed to moratoriums, but because of the number of projects involved with this issue, great consideration has to be taken before they had a lot of situations happen that would affect many people. She expressed her feelings of appreciation for both sides and her BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02 DCity Council Minutes 16 November 2 1993 desire for this process to be expedited so they can move forward. Ther? bein2 no flirther business the meeting was adjourned. Resp tfully submitted, AUNDRA L. A. City Clerk City of La Quinta. California BIB] 01-27-96-U01 12:23:26PM-U01 CCMIN110293-U02