Loading...
1993 11 16 CC MinutesU LA QUINTA CITY COUNCIL MINUTES NOVEMBER 16, 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 McCartney MOTION t was moved by Council Members Sniff/Bangerter that Council Member McCartney be excused. Motion carried unanimously. CONEIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION IL was moved by Council Members Sniff/Bangerter that the Minutes of November 2, 1993 and November 4' 1993 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Pat Parker, Account Technician, with a plaque expressing the City's appreciation for being chosen Employee of the Month" for October. PUBLIC COMMENT Audrey Ostrowsky, P.O. Box 351. submitted a petition requesting that streetS, curbs, and gutters be installed in the lower Cove area. She felt they are being discriminated against and residents have commented to her that they will move out of the area if the streets are not improved. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 2 November 16, 1993 WRITThN CORRESPONDENCE a. Letter from Michael J. Wiener asking to make a presentation before the City Council regarding smoke-free environments for children. Michael Wiener, 40-959 Sonata Ct. Palm Desert, fifth grade student at Lincoln School, presented a proposal to enact a law that children under the age of 18 be seated in smoke- free areas of restaurants because of the dangers of secondhand smoke. He commented on laws enacted by the Government to protect children and hoped that his proposal would be acted upon. Mayor Pena stated that his letter would be forwarded to our State Legislators. Council Member Sniff expressed appreciation for Mr Wiener's presentation and asked that it be referred to staff for their input and if appropriate, any action we may be able to take and also. concurred on forwarding his letter to our State Officials. b. Letter from Audrey Manuel requesting assistance f?r the Miss La Quinta Pageant. Audrey Manuel, representative of the Miss La Quinta Pageant. advised that the school is no longer opening their facility to them at no charge. She stated that they are a nonprofit organization and requested assistance from the City for the upcoming pageant and also on an annual basis so they may continue this function. She noted that the pageant winner represents the City a? various functions. Mayor Pena commented that they may be able to have the pageant in another location this year and suggested making preparations for next year. Council concurred on referring this matter to Mr. Bohien, Parks and Recreation Director, and to the Community Services Commission to begin making preparations for next year. COUNCIL REORGANIZATION a. Election of Mayor Pro Tern Council Member Perkins believed that the position of Mayor Pro Tern should be rotated on an annual basis. Council Member Perkins nominated Council Member Bangerter Mayor Pro Tern. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 3 November 16, 1993 He suggested that rotation of Mayor Pro Tern on an annual basis also be acted upon. Council Member Sniff did not feel a motion to that effect would have any value because you cannot bind future Councils. Council Member Perkins agreed, but felt that it would set a precedent for the future. There were no further nominations. The Council voted on the nomination of Council Member Bangerter as Mayor Pro Tem which carried with Council Member Sniff abstaining. MINUTE ORDER NO.93-229. b. Rcview of Council Connmttee?Board Assignments Council Member Sniff felt that he and Council Member Bangerter should switch all positions. Council Member Bangerter agreed. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE Member............................John Pena, Mayor Alternate.........................Glenda Bangerter, Mayor Pro Tem Non-Voting Member Robert L. Hunt, City Manager TECHNICAL ADVISORY COMMITTEE Member............................Robert L. Hunt, City Manager TECHNICAL PLANNING SUB-COMMITTEE Member............................Jerry Herman, Planning & Development Director Alternate.........................Fred Baker, Principal Planner Wally Nesbit, Associate Planner ENERGY & ENVIRONMENT COMMITTEE See Page 26) Member Glenda Bangerter, Mayor Pro Tem Alternate Stan Sniff. Council Member Staff Support Fred Baker, Principal Planner BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 4 November 16, 1993 HUMAN & COMMUNITY RESOURCES Member Michael McCartney, Council Member Alternate Staff Support Fred Baker, Principal Planner PUBLIC SAFETY COMMITTEE Member John Pena, Mayor Alternate Ron Perkins, Council Member Staff Support Roger Hirdler, Ass?t Bldg. & Safety Director TRANSPORTATION COMMITTEE Member..........................Ron Perkins, Council Member Alternate.......................Michael McCartney, Council Member TRANSPORTATION ThCHNICAL ADVISORY SUB-COMMITTEE Member..........................Steve Speer, Ass't City Engineer Alternate.......................Frank Reynolds, Public Works Director BIKEWAY SUB-COMMITTEE Member Stan Sawa, Principal Planner Alternate PM1O ThCIINICAL WORKING GROUP Member..........................Wally Nesbit, Associate Planner AB939 TECHNICAL WORKING GROUP Member Fred Baker, Principal Planner PUBLIC SAFETY GRAFFITI SUB-COMMITTEE Member..........................John Pena, Mayor NPDES/WAThR QUALITY DESERT TASK FORCE Member..........................Fred Bouma, Associate Engineer Hector Guzman, Engineering Technician BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 5 November 16.1993 SUNLINE TRANSIT AGENCY Executive Board Member.......John Pena, Mayor Alternate....................Ron Perkins, Council Member PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU Executive Board Member.......John Pena, Mayor Alternate....................Glenda Bangerter, Mayor Pro Tern COACHELLA VALLEY MOUNTAINS CONSERVANCY Executive Board Member.......Glenda Bangerter, Mayor Pro Tern Alternate....................Stan Sniff, Council Member CHAMBER OF COMMERCE EDUCATION COMMITTEE Member.......................Stan Sniff, Council Member MOTION It was moved by Council Members Perkins/Bangerter that the staff assignments be confirmed with Council Member Sniff and Mayor Pro Tern Bangerter alternating positions. Motion carried unanimously. MINUTE ORDER NO.93-230 BUSINESS SESSION REPORT OF PLANNING COMMISSION ACTION ON VARIANCE 93-023 & CONDITIONAL USE PERMIT 93-008 TO ALLOW EXPANSION OF AN EXISTING COMMERCIAL BUILDING IN THE C-V-N ZONING DISTRICT LOCATED AT THE NORTHEAST CORNER OF CALLE TAMPICO AND AVENIDA BERMUDAS. APPLICANT: MR. AGUSTIN MARTINEZ LA QUINTA MEAT MARKET. Mr Trousdell, Associate Planner, presented an Existing Land Use Map and advised that the applicant. Mr. Agustin Martinez, has requested approval to expand an existing 1,581 square foot one-story building previously La Quinta Pharmacy) by 930 sq. ft... located at the northeast corner of Avenida Bermudas and Calle Tampico. The expansion consists of an addition to the one-story building as well as addition of a second story to be used as an office. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 6 November 16, 1993 The applicant submitted a revised site plan to the Planning Commission on October 19th proposing a one-way access loop with the entrance at Avenida Bermudas and the exit on Calle Tampico. He was concerned about liability problems with Circle K customers using his parking spaces and driveways. Mr. Trousdell stated that there was concern about Circle K having a prescriptive easement over this site. Mr. Martinez's tide did not show any access restrictions on his site requiring Circle K to have access. The Circle K Corporation in Arizona advised that after researching their files they could not find a legal agreement between the two properties. They did. however, request that the City retain the historical access because it is a benefit to their store. Mayor Pena was concerned about Circle K customers parking at the Meat Market and walking over to the store because it would deteriorate that area quickly. He felt the proposed planter should be taller to discourage this situation from happening. Mr. Trousdell stated that originally a four-foot masonry wall was proposed but the Plaw?g Commission felt that it could be damaged from a vehicle backing into it. Mayor Pena suggested planting a hedge which would give the same effect. Council Member Sniff questioned what the fundamental flaw is with what's currently there because it has worked for years. He didn't see what was wrong with people being able to go over to Bermudas to get back out onto Tampico. Mr. Trousdell advised that it was staff's recommendation to retain the common access In response to Mayor Pena, Mr. Trousdell stated that Circle K has not indicated an interest in discussing shared access with Mr. Martinez. He also advised that the variance applications are necessary because this expansion does not meet some of the C-V-N Zoning Ordinance standards and off-street parking regulations. Mayor Pena commented that he likes the remodeled structure, but was torn because of the inconvenience of eliminating the shared access. Charles Garland, Architect, 33163 Cathedral Canyon Drive, Cathedral City, commented that this is the applicant's property and his rights should be protected. Mr. Martinez, applicant. advised that he has talked to a Circle K Manager from San Diego. Basically, Circle K, which has a great deal of traffic, wants to use his piopettY. If he doesn't eliminate the shared access, they will have a real traffic problem and his main concern is for the safety of his customers because he would be liable in case of an accident. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 7 November 16, 1993 Council Member Perkins asked if the ingress lines up with Bermudas. Mr. Trousdell advised that there is cross traffic and there are no improvements on the date grove side. Council Member Perkins asked if what is currently there was grandfathered in and if that is the purpose for the variance. Mr. Trousdell advised that a conditional use permit is needed because this property is classified as a Group 14 land use. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that if Circle K feels that they have some legal right to use that property, they have failed to introduce it. Any use of the applicant's property by Circle K would be a matter between the two property owners and would not necessarily be a concern of the City; however, traffic circulation is looked at when reviewing Conditional Use Permits. Council Member Bangerter commented on the changes in traffic patterns that the improvements to Tampico have created, in that left-turns that were previously allowed are no longer permitted as there are no median breaks. However, after a time, people get used to these changes and she believed that if this shared access is eliminated. people using Circle K will get used to it. She believed that if the applicant has met the code requirements, he should be able to do what he wishes with his property. MOTION It was moved by Council Members Bangerter/Perkins to accept the report of action taken by the Planning Commission approving Variance 93-023 and Conditional Use Permit 93-008, as submitted. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.93-231. 2. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 93-512 APPROVING PRELIMINARY PERIMETER LANDSCAPING, GATED ENTRANCE & ADMINISTRATION BUILDING ON SOUTH SIDE OF 48Th AVENUE EAST OF WASHINGTON ST WITHIN RANCHO LA QUINTA. APPLICANT: TD DESERT DEVELOPMENT CHUCK STROTHER. Mr. Sawa, Principal Planner, advised that on November 9, 1993. the Planning Commission approved the application for Rancho La Quinta for perimeter landscaping along 48th Avenue and both the Design Review Board and the Planning Commission recommend approval of this request. MOTION It was moved by Council Members Bangerter?Perlcns to accept for file the report of action taken by the Planning Commission on Plot Plan 93-512 Rancho La BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 8 November 16.1993 Quinta. Motion carried unanimously MINT'IE ORDER NO.93-232. 3. CONSIDERATION OF RESPONSE TO RIVERSIDE COUNTY PROPOSAL TO FORM A SANITATION DISTRICT. Mr. Baker, Principal Planner, advised that Riverside County is requesting the City to comment and advise on the proposed formation of a Sanitation District in the unincorporated area of the County by December 1, 1993. He asked that Council direct staff to forward a letter to the Riverside County Board of Supervisors requesting a 90-day delay of action in order to provide adequate time for staff review. MOTION It was moved by Council Members Perkins/Bangerter to authorize the Mayor to sign a letter to the Riverside County Board of Supervisors requesting a 90-day delay of action to form a County Sanitation District. Motion carried unanimously. MINU"E ORDER NO.93-233. 4. CONSIDERATION OF APPROVAL OF AMENDMENT TO CHAFI'ER 2.06 OF THE LA QUINTA MUNICIPAL CODE RELATING TO ADDITION OF DEFH?IONS FOR COMMISSION, BOARD AND COMMITTEE. Mr. Herman, P!anning Director, advised that staff has researched the issue of formal definitions for the terms commissions," boards," and committees." In this research, the League of California Cities and other Valley cities were contacted. All of the cities indicated that they do not have general definitions. Therefore, the draft ordinance submitted is based upon the information received from the League and from definitions found in the dictionary. In response to Council Member Perkins, Mr. Herman advised that the authority given to a Commission, Board, or Committee depends on the decision of the Council. Mayor Pena referred to the residency requirements and stated that at times, such as Design Review Board) they have appointed an individual who does not reside in the community because of their expertise. Ms. Honeywell, City Attorney, stated that there are provisions in the ordinance for exceptions. It was moved by Council Members Bangerter/Perkins that Ordinance No.237 be taken up by title and number only and waive further reading. Motion carried unanimously. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 9 November 16. 1993 ORDINANCE NO.237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPLACING CHAPTER 2.06 OF THE LA QUINTA MUNICIPAL CODE AND ADDING NEW CHA?I'ER 2.06 RELATING TO BOARDS AND COMMISSIONS. It was moved by Council Members Bangerter/Perkins that Ordinance No. 237 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN.. None ABSENT: Council Member McCartney 5. CONSIDERATION OF ENHANCED STREET NAME SIGNS AT SIGNALIZED INTERSECTIONS. Mr. Speer, Ass't. City Engineer, advised that at Council's request, staff looked into a proposal to enhance the information displayed on the illuminated street name signs. He displayed various signs of other cities in the Valley explaining what choices were available, such as background colors, information that may be displayed on the sign, and lettering styles. The cost involved to include the block numbers and City name is approximately $11,000, whereas include the City's logo would cost approximately $30,000. Council Member Perkins felt it was important to have the City's name and block numbers on the signs, however, the logo would be too hard to recognize. He preferred the signs to be in blue with white letters in block form. Council Member Sniff commented that the color of the signs are currently green with block style lettering. He suggested that staff report back with samples of signs in block lettering and with the City name. Mayor Pena favored having La Quinta" without City of" preceding it. He also liked blocked lettering on green without the logo and including the block numbers. Council concurred in continuing this matter to have samples brought back for review. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 10 November 16.1993 6. CONSIDERATION OF RESOLUTION DECLARING THE CITY OF LA QUINTA As A ZONE. Mr. Hartung, Building & Safety Director, advised that the resolution submitted will officially proclaim the City of La Quinta a Graffiti Free Zone," noting that No Graffiti signs will be posted throughout the City. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that there is no law currently in force requinng spray cans to be locked up, however, it could be included in the resolution. Mr. Hartung advised that Wal Mart does this on a voluntary basis. Mayor Pena felt that it should be left on a voluntary basis. RESOLUTION NO.93-90 A RESOLUTION DECLARING THE CITY OF LA QUINTA AS A GRAFFITI FREE? ZONE. It was moved by Council Members Bangerter/Perkins that Resolution No.93-90 be adopted as submitted. Motion carried unanimously. 7. CONSIDERATION OF AUTHORIZATION TO NEGOTIATh AGREEMENT FOR CONSTRUCTION DRAWINGS AND RELAThD SERVICES FOR FRITZ BURNS PARK. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Bohien, Parks and Recreation Director, advised that a Selection Committee made up of Mayor Pro Tern Sniff. Council Member Bangerter. the Ass't. City Manager, Public Works Director, and Parks and Recreation Director determined that BSI, Inc. was the most qualified to prepare construction documents and provide construction administrative and inspection services for Phase I of the Fritz Burns Park. Staff requested Council's authorization to negotiate an agreement with BSI. Council Member Perkins preferred to wait to make a decision on this matter after the budget review. Mr. Hunt, City Manager, noted while this project is a little over budget, funds for this project are in the current budget. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 11 November 16.1993 Council Member Sniff stated that we have labored for years to get this park underway. It is budgeted. so he could see no reason for delaying it further so that the residents of the Cove will have a pretty, functional park. Mayor Pro Tern Bangerter concurred in wishing to see this project move forward. MOTION It was moved by Council Members Sniff/Perkins that staff Parks and Recreation Director, City Engineer. and the Ass't. City Manager) be authorized to negotiate an agreement and fee arrangement with BSI, Inc. for construction documents, administration, and inspection services. Council Member Perkins stated that he is totally in favor of parks, because they are badly needed, but the City has an obligation to review the budget to see where we are and determine priorities. Mr. Bohien advised that a portion of the project is being funded by the Redevelopment Agency, funds donated by Landmark Land Co., and Quimby Act Funds which must be used for park development). Council Member Sniff advised that the one million dollar contribution from Landmark was supposed to be kept intact and set aside for park and recreation services. He did not see the necessity of reviewing it further. Motion carried with Council Member Perkins voting NO and Mayor Pena absent. MINUTE ORDER NO.93-234. 8. CONSIDERATION OF PROGRAM FOR REWARDS FOR INFORMATION LEADING TO ARREST AND CONVICTION. Mrs. LiCalsi, Personnel & Budget Manager, advised that as directed by Council, staff researched programs such as We Tip, Secret Witness, and Crime Stoppers that offer rewards for information leading to the arrest and conviction of criminals. There is currently a Valley Crime Stoppers organization covering the Coachella Valley from Rancho Mirage east, including Desert Hot Springs, La Quinta, Indio, and Coachella. The Riverside County Sheriff's Department is currently under contract with the Cities to administer this program, for which the City budgets $2,000 annually. She commented that in order to implement any other program like the Secret Witness program. it would require additional funds and personnel. Based on the size of the City, its crime rate, staffing level, and the success of the Valley Crime Stoppers program, staff recommended continued involvement in the Valley Crime Stoppers program. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 12 November 16, 1993 Captain Ron Dye, Riverside County Sheriff's Department, endorsed the Valley Crime Stoppers prograrn, noting that it is controlled in the Valley, and the funds are kept in the Valley. MOTION It was moved by Council Members Perkins/Bangerter to contmue the City's involvement in Valley Crime Stoppers. Motion carried unanimously MIN? ORDER NO.93-235. 9. CONSIDERATION OF ALThRNATIVES FOR PUBLIC WORKS CONTRACT PROCESS. Mrs. LiCaisi, Personnel & Budget Manager, advised that as directed by Council, staff has researched the public works contract process and specifically, three primary issues as outlined in the staff report. One issue related to establishing a dollar amount as a contingency if project costs are under the contract amount. The Public Contracts Code allows the City to reward the contractor with 50 percent of the net savings in construction costs as determined by the public entity. It would place an additional responsibility on the Public Works staff to assure quality of the project and to validate the actual savings. The Code does not provide a method penalize the contractor if costs are increased. Currently, however, if a project runs beyond the scheduled date of completion due to the fault of the contractor, the City can charge for liquidated damages. The liquidated damages process has been used by the City in the past. Additionally, staff researched the concept of pre-selecting' a general contractor and the concept of job-order contracting." Both ideas are not standard operating procedures and have not gained wide acceptance in the public sector. Therefore, the recommendation to Council at this time, is to direct staff to include provisions for liquidated damages and compensation for cost reduction changes in all public works contracts. MOTION It was moved by Council Members Perkins?Bangerter to direct staff to include provisions for liquidated damages and compensation for cost reduction changes in all Public Works contracts. Motion carried unanimously. MINUTE ORDER NO. 93-236. 10. CONSU)ERATION OF CABLE CONSULTANT FOR NEGOTIATION OF FRANCHISE RENEWAL. Mrs. LiCaisi, Personnel & Budget Manager, advised that on May 4, 1993, Council BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 U City Council Minutes 13 November 16, 1993 approved a Request for Proposals for negotiation assistance for contract renewal with Colony CableVision. A Selection Committee made up of Mayor Pro Tern Sniff, Council Member Bangerter, Assistant City Manager, City Attorney, and Personnel & Budget Manager was appointed to review the proposals and make a recommendation. Nine proposals were received and during the initial screening six of the nine were passed. The Selection Committee then interviewed the two top firms and references have been checked. Based on the screening, the Selection Committee recommends the City hire Municon to assist with contract negotiations for cable television. The City Manager and City Attorney would be responsible for negotiating a contract, which would be returned to Council within the next 3045 days. The Selection Committee also recommended that the City Attorney be kept informed regarding cable negotiations throughout the process. In response to Mayor Pena, Mrs. LiCalsi advised that the Selection Committee did take into consideration the location of both firms of which Municon is located in New York and Telecommunications Management Corp. is located in California. With Colony CableVision's headquarters located on the east coast, the Committee recognized that part of the negotiations could take place back east which would be cost effective. In flirther response to questions by Mayor Pena, Mrs. LiCalsi advised that the City used Telecommunications Management Corp about one year ago for the franchise transfer and the City was not dissatisfied with them. Mr. Issacs, Providence Journal Co., expressed his concern about hiring an out-of-state consulting firm because of the expense and being unfamiliar with California law and cable operations within this area. whereas a consulting firm within California has this knowledge and experience. He commented that they have had a good working relationship with La Quinta and can work with any consultant, but encouraged hiring a consultant, whose style will represent the City and the spirjt in which the City wants to enter the negotiations. He was hopeful that the City would hire a consultant who would work with them to minimize the expenses in the renewal. For example, rather than hiring an outside consulting firm to conduct an ascertainment survey, they do surveys of their subscribers and can provide information to the City in order to minimize costs. In response to Mayor Pena, Mr. Issacs stated that he has never been involved in a renewal where expenses were as high as proposed by Municon $70,000). He stated that in the recent Palmer negotiations in Rancho Mirage with Telecommunications. the expenses were $20,000. Mrs. LiCalsi stated that the negotiations in Rancho Mirage were approximately $30,000 with $20,000 being reimbursed by the cable company. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 14 November 16, 1993 In response to Council Member Bangerter. Mrs. LiCalsi advised that the proposal from Municon includes legal costs unlike the other proposals received. The nine proposals received ranged from S12,500 to $100,000. She advised that knowledge of California law was considered by the Committee when selecting Municon. They contacted San Luis Obispo County and Long Beach who they listed as references. Council Member Perkins was opposed to spending $70,000 plus out-of-pocket expenses, as that could go on forever. He asked why City staff was not capable of negotiating with the cable company. Mrs. LiCalsi advised that most cities hire a consultant to assist because cable legislation and the technical aspect of the business have become extremely complicated. She stated that the City Attorney advised that the City needs additional legal expertise in order to negotiate this contract for the same reasons. She clarified that the estimated cost for Municon's service is a proposal cost not a contract cost. The actual cost will be negotiated by the City Manager and City Attorney. She advised that travel and such would be covered under out-of-pocket expenses. In response to Council Member Bangerter, Mrs. LiCalsi advised that approval of this recommendation would only enable staff to negotiate with Municon not approval of a contract. Council Member Bangerter commented that there was extensive research into both consulting firms. She stated that regardless of the firm they choose to negotiate a contract with, she wanted it clearly stated that there be no adversarial negotiations going on and that a reasonable price be negotiated which meets the City's needs. MOTION It was moved by Council Members Bangerter?Perkins to authorize the City Manager and City Anorney to negotiate with Municon to assist with contract renewal negotiations for cable television. Council Member Perkins firmly believed that this is the kind of thing that should stay within the State of California as much as possible. He did not approve of a New York firm coming to California instructing us on how to run our cable franchise and how to work with a local company. He felt it was a slap in the face to California agencies and could not support this recommendation. Motion FAILED with Mayor Pena and Council Member Perkins voting NO. Mayor Pena suggested continuing this matter to the next Council meeting when there is a lull Council. Council concurred. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 15 November 16, 1993 11. FIRST QUARTER BUDGET REPORT. Mr. O'Reilly, Finance Director. presented the First Quarter Budget Report for the period of July 1, 1993 through September 30, 1993. He advised that trends are difficult to establish this early in the Fiscal Year. The good news is, that expenditures seem to be in line with the original estimates; conversely, revenues do not show any large increases. However, the City has had a great deal of activity during the first quarter with a number of capital improvement projects having been started and several completed. In that regard, a close-out analysis has been completed for the Civic Center and staff is recommending an appropriation of $109,913 to finalize it. In light of the continuing uncertain economic oudook, staff is recommending a continued cautious approach to expenditures through mid-year budget review, at which time a clearer picture of the City's revenues and expenditures will be established. MOTION It was moved by Council Members Bangerter?Perkins to approve an additional infrastructure appropriation of $109,913 for close-out of the Civic Center project. Council Member Perkins was concerned about the City being able to fund various projects, but not having the funds to complete Phase V of the Cove Improvement Project. This concern relates to his vote relative to Fritz Burns Park. It seems like somewhere along the line, we have to bite the bullet" and do what was promised to the people of the entire Cove area for the past several years. He realized that it's going to be difficult to find the money in the budget, but he wasn't happy that we're not able to continue those improvements. He wondered if staff could come up with some ideas/suggestions as to how we can continue the Cove Improvement Project even if it has to be done block- by-block. Mr. Hunt, City Manager, stated that they are not pleased that an additional appropriation of $109,913 has to be spent on the Civic Center, but it is necessary in order to close-out this project. He further commented that he is aware that completion of the Cove is Council's number one priority, and staff is currently looking for ways to finance the remainder of the Cove project for the next fiscal year. He was hopeful that the economy will turn around and the City will be in better standing next year. In response to Council Member Perkins, Mr. Hunt advised that part of the analysis of this project is to complete it in smaller segments. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.93-237. MOTION It was moved by Council Members BangerteriPerkins to receive and file the First Quarter Budget Report. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 16 November 16, 1993 Council Member Perkins felt that it was proper to accept this report even though he may not agree with it. Motion carried unanimously. MINU'I'E ORDER NO.93-238. 12. APPEAL BY MR. RONALD J. YANEZ OF THE PLANNING COMMISSION'S DECISION OF OCTOBER 26, 1993 TO PERMIT CENTURY CROWELL COMMUNITIES TO BUILD SINGLE FAMILY HOMES IN phase VI OF TRACT 23269 LA QUINTA HIGHLANDS). APPELLANT: MR. RONALD J. YANEZ. Mr. Trousdell, Associate Planner. advised that the Planning Commission has approved a request by Century Homes to build 22 one and two story single-family homes in Phase VI of Tract 23269 within La Quinta HIghlands, south of Fred Waring Drive and west of Adams Street. There are three different plans ranging in size from 1,606 sq. ft. to 2,010 sq. ft. He added that in order to comply with the conditions of Ordinance No. 236, the 2,010 sq. ft. plan had to be reduced by 15 sq. ft. Mr. Trousdell advised that since Planning Commission approval, an appeal has been filed by Ronald Yanez citing incompatibility. Ron Yanez, appellant, was concerned that the homes being built in the new development meet the proper standards in order to uphold the property values. He commented that there is a noticeable difference in the project's aesthetic attributes from the homes on Villeta Drive. Debbie Yanez advised that she surveyed those in the neighborhood who did not receive the notice of the applicant's request. She stated that the proposed homes are not similar to those originally proposed by Williams Development Company in 1991 and felt that the neighborhood has been misinformed. She was opposed to using the third car garage as a bonus room, as it will result in more vehicles being parked on the street and they are trying to keep garage doors down and vehicles off the street. She also complained about the two-story homes being behind existing homes because of the lack of privacy it will present. Robert Metkus, La Quinta HIghlands, also complained about the lack of notification and the bonus room for the same reasons cited by Mrs. Yanez. He stated that the proposed homes will not be compatible with what's existing and definitely not in line with what was originally proposed by Williams Development. He also expressed concern with the wooden fences, as it was his understanding that the Planning Commission determined that block walls would be built two years ago. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 17 November 16, 1993 In response to Mayor Pena. Mr. Herman advised that the Planning Commission. in their action required the minimum dwelling size to be 1,606 sq. ft. Therefore, the applicant is required to finish the house into that square footage which makes the bonus room part of the structure. He also advised that we are not required to send notices to adjacent propeny owners regarding architectural review by the Planning Commission or the Design Review Board. They are courtesy notices. Charles Knight, Sonesta Way, said that his main concern was with the elevation of the lots because there would be no privacy for the homes in back of the two?story homes and converting the three car garage into a two car garage. Mr. Hcrman, La Quinta Highlands. stated that he was a new resident and questioned if there has been a price structure decided on for these homes. Mayor Pena advised that the City didn't have this informaflon, nor is it a part of the City's decision process. In response to Council Member Perkins, Mr. Herman clarified what a bonus room is and that windows are designed into the plans. JInI Crowell, Senior Vice President, Century Crowell Communities, 1535 South E Street, San Bernardino, explained that they have a history of building a product line that allows for the conversion of an area, usually in the garage, for bedroom or den usage. Out of the 22 homes, 17 homes have been purchased and the homeowners are anxious to occupy their homes. He advised that the square footage has been increased because over 90% of the homes buyers have elected to convert the bonus room. They are responding to the City by building homes comparable in size in this section of La Quinta Highlands. He advised that in the first five phases of this project. they did build smaller homes. Based on the objections heard relative to the two and three car garages, they are open to increasing the width of the two car garage driveways. However, they cannot because of lot configuration and size, increase the garages to three car garages plus a bonus room. He advised they are currently at risk with their lender because they have had a construction loan for some time and they need to respond their lenders. He felt they are compatible in the design of their homes, noting that they have not received any objections from the City throughout the process. In response to Council Member Perkins, Mr. Crowell advised that the grading had already been done and they are not prepared to regrade or resubmit grading plans. He advised that the grade was established for the project as a whole, riot just for the 22 lots. He also explained why the two-story homes are being built on the lots designated. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 18 November 16, 1993 In response to Council Member Bangerter, Mr. Herman advised that there are two-story homes next to and in back of single-story homes throughout the City. This applicant has tried to mitigate the concerns by building the two-Story homes in front of, or next to another two-story. Susan Knight, Sonesta Way, complained about the elevations because these lots are two to three feet above grade and a nine foot fence will be needed to provide privacy. She also commented on the lack of compatibility between what is being proposed and what is existing. She felt that the set-backs should be off-set' in order to provide individualized landscaping. She was concerned about maintaining property values as a home is a major investment. Mr. Crowell advised that they must adhere to the same set of CC&R's as the existing La Quinta Highlands. He also explained that they regraded to the engineering specifications, the approved grading plan. as plan checked and required by the City of La Quinta. In response to Council Member Bangerter, Mr. Herman advised that each lot is graded to slope toward the street for drainage purposes. The grading should have already been inspected, but they can re-check to make sure they are in compliance. Also, regarding two-stories, there are currently two-story units overlooking single-story units within this subdivision. In response to Council Member Perkins, Mr. Herman advised that there is a block wall along Fred Waring and Adams with wooden fences around the interior lots. Wooden fences are allowed to be built in the back yards and side yards but not in the front yards. He ftirther advised that the homes built with only a two car garage still meets the code requirements. Mr. Herman stated that the Planning Commission added conditions to the development in order to make it compatible with the surrounding neighborhood, i.e. colors and styles, minimum overhangs, roll-up garage doors, etc. MOTION It was moved by Council Members Bangerter/Perkins to deny the appeal of Mr. Ronald J. Yanez and approve the Planning Commission Conditions of Approval relative to Phase VI of Tract 23269. In response to Council Member Perkins, Mr. Herman advised that the proposal does meet the guidelines of the Interim Zoning Ordinance. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.93-239. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 19 November 16, 1993 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISThR DAThD NOVEMBER 16, 1993. 2. RELEASE OF SECURITY FOR MODEL HOMES AT TRACT 23268 THORNBURGH/ACACIA. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR CITY CLERK TO ATIEND THE CITY CLERK'S NEW LAW AND ELECTION SEMINAR IN MONTEREY DECEMBER 8-10, 1993. 4. ADOPTION OF RESOLUTION AMENDING APPENDIX C OF RESOLUTION NO. 86-77 CONCERNING THE DEFERRED COMPENSATION?ON TRUST AGREEMENT WITH ICMA RETIREMENT CORPOR?ON. 5. FINAL ACCEFrANCE OF IMPROVEMENTS AND RELEASE OF ASSOCIAThD SECURITY FOR PARCEL MAP 25865, ONE-ELEVEN LA QUINTA CENTER WASHINGTON/ADAMS PARTNERSHIP. 6. FINAL ACCEPTANCE AND RELEASE OF SECURITY FOR IMPROVEMENTS TO TRACT 23813, LOS ESTADOS OHIO CiTIZEN'S INVESTMENT CORP. 7. ADOPTION OF RESOLUTION APPROVING APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION GRANT FUNDS. MOTION It was moved by Council Members Perkins/Bangerter to approve the Consent Calendar as recommended with Item No.4 being adopted by RESOLUTION NO.93-91 and Item No.7 being adopted by RESOLUTION NO.93-92. Motion carried unanimously. MINU'IE ORDER NO.93-240. Council recessed at this time until 7:00 P.M. PUBLIC COMMENT None PRESENTATIONS None BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 20 November 16, 1993 PUBLIC HEARINGS 1. PLOT PLAN 93-510 ACACIA CONSTRUCTION, INC. APPEAL OF CONDITIONS CONCERNING PERIMEThR WALLIS, PERCENTAGE OF SMALLER HOMES, AND THE APPROVAL OF A 1,280 SQUARE FOOT PLAN FOR TRACT 23268 LOCAThD ON THE NORTH SIDE OF MILES AVENUE, WEST OF NORTH HARLAND DRIVE. APPELLANT: PATTY STUTZ. Mrs. leslie Mouriquand-Cherry, Associate Planner, advised that an Acacia homeowner, Patty Stutz, has filed an appeal of a Planning Commission decision that pertains to perimeter fences, a 1,280 sq. ft. size home, and the number of smaller homes that will be allowed to be built on Lots 24 through 33, and 130 through 139 of Tract 23268. The appeal requests that block walls be built along the nortil and east perimeters. It also objects to approval of the smallest single family unit which features 1,280 sq. ft. of livable space. Finally, tile appeal objects to the fact that there are no conditions to ensure an equal percentage of larger homes will be constructed as are found in the existing phases of the Acacia tract. The Mayor declared the PUBLIC HEARING OPEN. Jack Stutz, 78?50 Alden Circle, advised that they are flexible on the existing perimeter fencing that is wood. It has been discussed that some repairs should be made to the one along the mobile home park. His concern is that the block walls within the tract are mandatory. He then addressed the sizes of the homes and wished to see an equal or close to) number of each size home, so that there won't be more smaller homes than larger ones. Regarding tile issue of compatibility, he advised that currently, 75% of the homes are greater than 1,700 sq. ft. and under the proposed plan, only 40% are greater than 1,600 sq. ft. Currently, 49% are greater thah 2,000 sq. ft. and under the proposed plan. only 20% will be greater. He then referred to a recent article in the Los Angeles Times in which a similar situation was discussed and the Times Real Estate Editor's opinion was that this kind of situation definitely decreases surrounding property values. Richard Snyder, President of Acacia Construction, felt that they have worked out suitable compromises and that the proposed homes are comparable to what's existing. Acacia has built beautiful homes and will continue to do so. Regarding the wood fence on the north side, he commented on the liability problems you run into when taking down existing fences. He noted that this tract meets the requirements of the Interim Zoning Ordinance. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 21 November 16, 1993 Mayor Pena referred to the staff report regarding consistency in house sizes, which does not equate with the information presented by Mr. Stutz and Mrs. Mouriquand-Cherry advised that the information contained in the staff report was taken from the actual building permits. The permits indicate that no more than 17% of the existing homes are above 2,000 sq. ft. and that there is only one plan over 2,000 sq. ft. which is 2,162 sq. ft. Mr. Herman interjected that the Building Department has said that the builder could have deviated from the square footage indicated on the building permit by modifying a wall. Mr. Snyder advised that they plan to build 20% of the each the five house plans. Council Member Perkins commented that the City has tried very hard to stan seuing guidelines for the build-out of existing tracts and he felt that the guidelines are fairly explicit and restrictive at the present time. He felt that as long as it meets the requirements of the Interim Zoning Ordinance, he could see no reason to object to the Planning Commissions approval. M?ON It was moved by Council Members Perkins/Bangerter to deny the appeal of Mrs. Stutz on Plot Plan 93-510 and uphold the Planning Commission action subject to conditions). Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.93-241. 2. CONSIDERATION OF AMENDMENT TO TITLE 7 OF THE LA QUINTA MNNICIPAL CODE RELATING TO HISTORIC PRESERVATION. APPLICANT: CITY OF LA QUINTA. Mrs. Leslie Mouriquand-Cherry, Associate Planner, advised that staff has been worlcing for some time on some amendments to the Historic Preservation Ordinance which are presented herewith in the staff report. Staff is also asking for Council's authorization to submit an application to the State Certified Local Government Program. which provides recognition and special benefits to cities receiving certification. The Mayor declared the PUBLIC REARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. In clarification, Mayor Pena advised that the effect of the action requested is to set up another commission, separate from the Planning Commission and requires a certam percentage of the Commission's makeup to be experts. Mrs. Mounquand-Cherry advised that is correct. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 22 November 16.1993 MOTION It was moved by Council Members Bangerter/Perkins to take up Ordinance No.238 by title and number only and waive further reading. Motion carried with Mayor Pena voting NO. ORDINANCE NO.238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QU[NTA, CALIFORNIA, AMENDING TITLE 7 HISTORICAL PRESERVATION OF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Bangerter/Perkins to introduce Ordinance No.238 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff NOES: Mayor Pena ABSTAIN: None ABSENT: Council Member McCartney MOTION It was moved by Council Members Bangerter/Perkins to advertise for Historical Preservation Commissioners. Motion carried unanimously. MINUTE ORDER NO.93-242. MOTION It was moved by Council Members Bangerter/Perkins to direct staff to prepare the necessary documents for application to the Certified Local Government Program for the threshold level of certification. Motion carried unanimously. MINUTE ORDER NO.93-243. At this time, Council Member Perkins complimented staff on the Civic Center Dedication Ceremonies and the Senior Center Groundbreaking. STUDY SESSION REVIEW OF DRAF'T REGULATIONS RELATING TO HOUSE SIZE AND COMPATIBILITY STANDARDS. Mr. Herman, Planning Director, advised that staff has prepared some draft regulations dealing with house sizes and compatibility. Basically it takes the same standards in the SR Zone and making them applicable to the R-1 Zone. It also provides a process for any change in an existing subdivision. The matter will be scheduled as a public hearmg BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 23 November 16, 1993 before the Planning Commission on December 14, 1993 and before the Council in January. Council Member Bangerter referred to the 1,300 sq. ft. minimum house size and asked if it would be City-Wide and Mr. Herman advised that it would apply to any single- family house in the R-1, R-2 and R-3 Zones. The SR Zone would remain the same. Mayor Pena referred to a standard in which the interior perimeter fencing must be the same as the previous phase and questioned the use of must?, asking what would happen if someone wished to upgrade the fencing. He had the same problem with the requirement that the same size house must' be constructed within a 100' radius. Mr. Herman advised that those sections will be reviewed. Council Member Sniff felt that 1.300 sq. ft. minimum house size is too small. Council Member Perkins felt that the maximum deviation in house sizes should be 10% as opposed to 20%. Mayor Pena asked for staff to explore the possibility of the minmum house size corresponding to the size of the lot. Council concurred in forwarding this mauer to the Planning Commission. 2. DISCUSSION OF DRAF'T JOINT POWERS AGREEMENT REGARDING A REGIONAL AIRPORT AUTHORITY FOR THERMAL AIRPORT. Mr. Genovese. Ass't. City Manager. advised that staff has met with Supervisor Larson and County Staff regarding a potential WA for the purpose of creating a regional airport authority for Thermal Airport. County Staff indicated that the purpose for the WA would be to assist in the coordinated development approach to the regional issues regarding development of the airport site. There is no initial financial obligation on the part of the City. The attached agreement is not a final draft, but rather a document to initiate discussion to see if the Council would be interested in such a concept. Council Member Sniff asked if it would be prudent to look toward some representation from the private/business sector. He also felt that we should know what the future obligations would be before we get too involved in the process. He also wished to know what the benefits to La Quinta would be. Council Member Perkins agreed with the suggestions made by Council Member Sniff, although he did wish to see staff continue to go forward with this concept in a manner that is acceptable to both the City and the County. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 24 November 16, 1993 Mayor Pena concurred. He also mentioned that the people of KSL owned an airport and would be an excellent resource as to the benefits to La Quinta. Mr. Genovese advised that discussions with the County will continue there is a meeting on November 24th and he will let them know that there is some initial interest on the part of the City Council. 3. DISCUSSION OF COMMUNITY TALK-BOARD CONCEFr. Mr. Boblen, Parks and Recreation Manager, advised that staff has developed a proposal in response to Council Member McCartney's suggestion for an informational board, which would highlight community and civic events in an effort to keep the community informed. The boards would consist of a commercially manufacmred cork with an aluminum frame. Or it could be custom made of either wood or plastic. The information to be posted could consist of Council/Commission agenda items; community service announcements; sports information; senior information, etc. They would be located in high traffic areas, i.e. Post Office, Vons, Albertsons, Library and Wal Mart. If the Council wishes to proceed, staff recommends that the matter be referred to the Art in Public Places Committee relative to the design. Mayor Pena could not support this concept commenting that the City has so few pedestrian walk-ways and too much staff time would be involved posting the information for the use they would get. He preferred to put the money into the information group he hoped to see formed. Council Member Bangerter agreed, commenting that if people are not reading the newsletter, which contains all of the information, then they won't go to a community talk-board. Council Member Perkins felt that the information boards the construction news) and the newsletter are excellent sources of news and are sufficient. Council Member Sniff commented that this issue has surfaced periodically throughout the years. He felt that the City already does a good job in disseminating information and felt that this proposal would be a waste of time and resources. No action was taken. BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02 UCity Council Minutes 26 November 16, 1993 Mrs. Juhola, Administrative Services Director, advised that the commemorative pocket calendars which were purchased for the Civic Center Dedication have been given out and asked Council if they wished to have an additional 100 purchased at an estimated cost of $200. Council concurred. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Perkins brought up the matter of a communication from SunLine regarding conversion of City Vehicles and the fact that we would have to be a member of the SunLine Services Group. Mayor Pena understood that the reasoning behind it was that there should be a benefit to being a part of the Services Group. Council Member Sniff expressed concern that SunLine has never responded to Council's concerns and Mr. Cromwell was supposed to phone him and never has. He felt that the concerns of the City are continually being ignored. Mayor Pena advised that he will mention these things tomorrow at the next meeting of the SunLine Board. Council Meniber Sniff referred to the reorganization which took place earlier in the meeting and asked to remain as the City's representative on CVAG's Energy and Environment Committee. Council concurred. CLOSED SESSION a. Discussion of personnel pursuant to Government Code Section 54957 a. Evaluation process for Council-appointed positions b. Personnel scheduling Council reconvened with no action being taken. Th being no further business, the meeting was adjourned. R pectfully ub AUNDRA L. JUH City Clerk City of La Quinta, California BIB] 01-27-96-U01 12:43:20PM-U01 CCMIN111693-U02