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1992 05 05 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 5, 1992 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Council Member Franklin asked that Business Session No. 11 be removed from the agenda until after the joint meeting with the Investment Policy Task Force Committee. Council Member Bohnenberger asked that Business Session No. 1 be moved to Business Session No. 12 and that the Senior Center item under Department Reports be heard before the Business Session. Mayor Pena asked that second reading of Ordinance No. 205 be made the second matter of business. Council concurred on the changes. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bohnenberger that the Minutes of April 7, 1992 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS Mayor Pena thanked everyone who participated in the City's Tenth Anniversary Celebrations noting that it was a tremendous success. Council Member Bohnenberger asked that the Tenth Anniversary Committee be recognized at the next meeting. Council concurred. PRESENTATIONS Mayor Pena presented Greg Trousdell, Associate Planner, with a plaque recognizing him as Employee of the Month" for the month of April. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 2 May 5, 1992 Mayor Pena presented first Mayor, Fred Wolff, with a plaque commemorating the City's Tenth Anniversary. Mayor Pena presented Terry Henderson, on behalf of son, John Henderson, former City Council Member, with a plaque commemorating the City's Tenth Anniversary. Mayor Pena advised that the Tenth Anniversary Committee sponsored a Tenth Anniversary Essay Contest and presented the following winners: City Government Essay Contest" First Place... Robert Cheley......Presented $100 Savings Bond and had the opportunity to be Honorary Mayor for the Day" Second Place... Azucena Barajas. Presented $75 Savings Bond and had the opportunity to be Honorary City Manager for the Day" Third Place.... Sandra presented $50 Savings Bond and had the opportunity to be Honorary City Engineer for the Day". What La Quinta Means to Me" Essay Contest First Place......Kavya Reddy.........$100 Savings Bond Second Place... Travis Cole..........$ 75 Savings Bond Third Place......Natalie Bangerter... $ 50 Savings Bond PUBLIC COMMENT Peter Zelles, 54-767 Avenida obregon, addressed the Council asking for the City Manager's termination. WRITTEN CORRESPONDENCE a. Letter from Williams Development Corporation regarding a request for scholarship funds. Noted and filed. DEPARTMENT REPORTS SENIOR CENTER DESIGN Mr. Hartung, Building and Safety Director, advised that the City Council's sub-committee has met to interview various architects for the design of the Senior Center. That sub- committee is recommending that the City Manager be authorized to enter into negotiations with Walling and McCallum for said design services. In response to questions by Council, Mr. Hartung advised that while there are no specific plans, staff will be working with BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 3 May 5, 1992 the architect as to what the needs are and an exercise room will be included. Staff is looking at somewhere between 10,000-12,000 sq. ft. MOTION It was moved by Council Members Bohnenberger/Franklin to authorize the City Manager to enter into negotiations with walling and McCallum for design services for the Senior Center. Motion carried unanimously. MINUTE ORDER NO. 92-85. BUSINESS SESSION 10. SECOND READING OF ORDINANCES: ORDINANCE NO. 205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 6.12 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE REGULATION OF SMOKING IN PUBLIC PLACES. Andrew Craigie, 15730 Bellflower, Bellflower, Calif., addressed the Council as a resident of Bellflower, which passed a smoking ban about a year ago. The Council has just recently over-turned that ban, due to outrage by the business community and residents. This issue is a matter of public health and economics. He did not believe that there is any firm evidence that second-hand smoke is hazardous to one?s health. Regarding the economics, the first month the ban was in effect, his business Round Table Pizza) lost 100 customers and by the fifth month, he had lost 443 customers. He believed that as a destination resort, La Quinta is going to find it difficult to get conventions to come here if there is a smoking ban. Ted Axe, 53-901 Avenida Villa, believed that the City and the restauranteurs are getting very close to a workable solution. He stated that by imposing a 100% ban within six years, the La Quinta Hotel is looking at a $2 million loss over the next six years if this decision is made today. There are five cities in the State which have passed a 100% ban and they are all trying to be over-turned. Judy Vossler Woodard, General Manager of La Quinta Hotel, stated that she has heard from a number of groups advising her that if the 100% ban is passed, they will cancel their conventions, which is going to have a tremendous effect on her hotel. There are also a number of firms refusing to sign short-term contracts based on principle. She believed that smokers and non-smokers alike have rights, but asked that the Council reconsider the 100% ban. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 4 May 5, 1992 Dolly Cunard, Owner of Dolly Cunard's Restaurant, commented on the economic impact this regulation will have on the businesses. She did not like even a 50% mandated set-aside she believed that the businesses should be allowed to make these determinations. Joel Simpson, Candidate for United States Congress, asked that the Council consider the Bill of Rights and the U. S. Constitution and the right of freedom of choice. When the government starts taking the freedom of choice from the American people, that's a grave mistake. Council Member Sniff stated that after much thought, he could support the removal of the requirement for 100% ban in six years. He believed that the City needs to be reasonable noting that as time passes, this ordinance can be amended as situations change. Council Member Rushworth stated that he voted for this ordinance on the first reading in the interest of team work", but on reflection, he's embarrassed that he did. He was part of the sub-committee to study this issue and work with the restauranteurs and the proposed ordinance submitted to the Council did not even resemble the recommendations. He was told that the ordinance was written based on what the Council had indicated they wished to see. He believed that the Council needs to be sensitive to local businesses. He supported voting this ordinance down and writing a new one which simply states that all restaurants shall have a non- smoking area and let the owners and public decide how much space is needed. Council Member Bohnenberger agreed with Council Member Sniff. The only thing the EPA has shown with certainty is a definite link between cigarette smoking and cancer. Cigarette smoking is responsible for over 400,000 deaths every year. A good percentage of those are caused by second-hand smoke. He added that over 75% of the State's population has made a decision not to smoke and they have their rights to go out and dine in a smoke-free environment. He was disappointed in the recommendations from the Committee, because he expected hard recommendations as to a percentage of set-aside and as it was, it was left open-ended. He noted that one of the finest restaurants in the City Robi) is 100% non-smoking and it hasn't made a difference in their business. He agreed to eliminate the 100% ban, but he firmly believed that within the next eight to ten years, we're going to see an across the board reduction and elimination of smoking in public places throughout the United States. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 5 May 5, 1992 Council Member Franklin suggested that since there is a desire to amend the ordinance, that another amendment be considered. She noted that Dolly's has several rooms, as may other restaurants, and oftentimes an entire room is reserved for a private party, so she suggested that verbiage be added to allow a private party to determine that the room could be all smoking. She did believe that the ordinance should designate percentages. In response to Mayor Pena, Ms. Honeywell advised that if the changes made at this time are specific, the ordinance will not have to come back to the Council for another second reading. Mayor Pena agreed that the smoking issue should be regulated by the businesses themselves; but he also understands the public's need to be in a smoke-free society. He supported eliminating the 100% ban. Council Member Rushworth believed that the problem can be solved by saying that all restaurants shall have a non-smoking area and let the restaurants determine the percentages. MOTION It was moved by Council Members Bohnenberger/Franklin that Ordinance No. 205 be adopted on second reading as amended to delete iii, which is the 100% ban and to add verbiage at the end of 6.12.045 stating... Notwithstanding the above, restaurants may allow smoking in private dining areas, which shall be defined as a confined area or areas occupied on a reserve only basis." Council Member Rushworth asked that the 75% set-aside be eliminated. Council Member Sniff advised that this is a living document" and is subject to amendment at any time. He felt that something significant should be done at this time, but being reasonable. He stated that he could support deleting the 75% set-aside, but could go no further. Council Member Bohnenberger stated that by the same token, the 75% can be left in and if deemed necessary, it could be changed at a later date. AYES: Council Members Bohnenberger, Franklin, Sniff, Mayor Pena NOES: Council Member Rushworth ABSTAIN: None ABSENT: None BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 6 May 5, 1992 ORDINANCE NO. 206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PREZONING CERTAIN PROPERTY ADJACENT TO THE CITY AS DESCRIBED IN CHANGE OF ZONE 91-071, PURSUANT TO SECTION 65859 OF THE STATE GOVERNMENT CODE. CASE NO. CZ 91-71. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 206 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW CHAPTER TITLE 7 HISTORICAL PRESERVATION" TO THE MUNICIPAL CODE AND CONCURRENCE WITH THE NEGATIVE DECLARATION. CASE NO. ZOA 92-023 CITY OF LA QUINTA. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 207 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 1. INTERVIEW OF CONSULTANTS FOR THE CIVIC CENTER LANDSCAPING PROJECT T. I. MALONEY, BSI AND TKD. Considered on Page 10 and Page 19. 2. PRESENTATION OF INITIAL SCREENING FOR PREPARATION OF MASTER PLAN FOR 66-ACRES OF CITY-OWNED PROPERTY ON JEFFERSON & 48TH AVENUE. Mr. Kiedrowski advised that twenty-one proposals were received for design work for the 66-acre Murphy property on Jefferson. A staff committee reviewed those proposals and narrowed it BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 7 May 5, 1992 down to four firms, which they believe should be interviewed. Those four firms are Arch Plan, Planning and Design Solution, Terra Nova Planning & Research, Inc. and Robert Bein Williams Frost and Associates. Council Member Sniff proposed that this matter be continued for two weeks. Council Member Bohnenberger preferred to see these firms interviewed by a sub-committee as opposed to the entire Council, but if that is the Councils desire, then he proposed that it be done in a special meeting. MOTION It was moved by Council Member Sniff to continue this matter to May 19th. Motion died for lack of a second. In response to Council Member Sniff, Mr. Herman advised that the design costs could range anywhere between $l0,00O-$30,000, depending on the scope of work. Mr. Kiedrowski advised that staff was instructed to work with the Post Office on this property. They have the money and are ready to go forward. MOTION It was moved by Council Members Rushworth/ Bohnenberger to approve a Council sub-committee to interview the four firms presented, for design services for the 66-acre City-owned site on Jefferson Street and make recommendations to the Council. Motion carried unanimously. MINUTE ORDER NO. 92-86. Council Members Franklin and Sniff were selected to serve on the sub-committee. 3. CONSIDERATION OF AUTHORIZATION TO ENTER INTO AGREEMENT WITH T. I. MALONEY, INC. FOR FRITZ BURNS PARK DESIGN SERVICES. Mayor Pena abstained from this matter because of the proximity of his home to the subject property. Mr. Bohlen, Parks & Recreation Manager, advised that interviews were held last fall for the design of Fritz Burns Park and the Community Services Commission endorsed T. I. Maloney. The Council then authorized staff to proceed with negotiations with T. I. Maloney. Staff is now requesting authorization to enter into an agreement with that firm in the amount of $39,000. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes B May 5, 1992 MOTION It was moved by Council Members Bohnenberger/Franklin that the agreement with T. I. Maloney be approved. Motion carried with Mayor Pena ABSTAINING. MINUTE ORDER NO. 92-87. 4. CONTINUED CONSIDERATION OF DISPOSITION OF 60 DATE PALMS TO BE REMOVED FROM NEW CALLE TAMPICO STREET RIGHT?OF-WAY. Mr. Speer advised that this matter was discussed at the last meeting, in which the Council asked staff to investigate how much the trees could be sold for. Three nurseries were contacted, in which it was determined that the trees could be sold for between $15,000-$16,OOO. That includes removal at their expense, on the City's schedule. MOTION It was moved by Council Members Sniff/13Bohnenberger that authorization be given to selling the trees within the Calle Tampico right-of-way and to explore the feasibility of saving the ornamental trees. Motion carried unanimously. MINUTE ORDER NO. 92-88. 5. CONSIDERATION OF TIME CAPSULE FOR THE CIVIC CENTER. Mr. Reynolds advised that when we began the design work for the Civic Center, the Council expressed a desire to see a time capsule buried in a vault on-site. The architect has indicated that the City is nearing the time when a decision needs to be made as to the size of the capsule and the materials to be placed in it. He added that the capsule will be vacuum-sealed. Council concurred on asking the Tenth Anniversary Committee, Community Services Commission and the Historical Society for ideas as to what should be placed in it. 6. REPORT OF PLANNING COMMISSION ACTION ON VARIANCE 92-022 TO ALLOW THE APPLICANT TO DEVIATE FROM THE SR ZONING STANDARDS FOR A NEWLY-BUILT HOME AT 51-125 EISENHOWER DR. APPLICANT: GEORGE R. MOONEY. Mr. Herman advised that the Planning Commission has held a hearing on a request of Mr. George Mooney of 51-125 Eisenhower Drive for a variance to adjust his north side property line to the south by six feet. The adjustment would reduce his lot to 44' x 100', which is smaller than allowed in the SR Zone District. The Planning Commission approved the variance because of the existing circumstances of the property and its relationship to the property to the north. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 9 May 5, 1992 George Mooney, 75-205 Stardust, Indian Wells, applicant, advised that he was present to answer any questions. MOTION It was moved by Council Members Sniff/Bohnenberger to accept the report of the Planning Commission on Variance No. 92-022. Motion carried unanimously. MINUTE ORDER NO. 92-89. 7. CONSIDERATION OF RIGHT-OF-WAY ACQUISITION FROM COACHELLA VALLEY WATER DISTRICT Council Member Bohnenberger abstained from this issue. Mr. Speer advised that the subject right-of-way is needed for the Adams Street Improvement Project between Avenue 47 and Highway 111. Staff has requested CVWD to quitclaim a 25' wide strip plus corner cut-back along their Adams Street well Site. They have agreed to do so with the following conditions: 1. Install a 6' high masonry block wall along the new property line. 2. Install a concrete driveway apron & approach. 3. Install a steel gate per CVWD specifications. Mr. Speer added that the estimated cost of the requested improvements is $11,000 there are no acquisition costs. MOTION It was moved by Council Members Sniff/Franklin that 1) authorization be given for an $11,000 increase to the project budget to cover the mitigation costs incurred as a result of the right-of-way acquisition impacts, and 2) authorize the Finance Director to transfer $11,000 from the Redevelopment Agency reserve fund to Account No. 18-4853-111- 010. Motion carried with Council Member Bohnenberger ABSTAINING. MINUTE ORDER NO. 92-90. 8. REVIEW AND APPROVAL OF REQUEST FOR PROPOSALS FOR AUDITING SERVICES. Mr. Genovese, Ass't. City Manager, presented the Council with a request for proposals for Auditing Services and requested authorization to distribute it. He recommended that a committee made up of staff and City Council review the proposals to compile a short-list" for a presentation by each firm to the committee. A recommendation would then be made to the City Council. MOTION It was moved by Council Members Sniff/Bohnenberger to accept staff's Recommendation No. 3. Motion carried unanimously. MINUTE ORDER NO. 92-91. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 10 May 5, 1992 Council Member Bohnenberger asked that Council hold of f on the appointment of a sub-committee until the date for review is scheduled so he can see what his work schedule is like. 9. CONSIDERATION OF APPOINTMENT TO C. V. MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES. Mayor Pena advised that Terry Miller of Parc La Quinta has indicated a willingness to serve on this Board. He had expected to receive a letter of interest from her by this date. MOTION It was moved by Council Members Sniff/Bohnenberger to continue the appointment of an individual to the C. V. Mosquito Abatement District until May 19, 1992. Motion carried unanimously. MINUTE ORDER NO. 92-92. 1. INTERVIEW OF CONSULTANTS FOR THE CIVIC CENTER LANDSCAPING PROJECT T. I. MALONEY, BSI AND TKD. T. I. MALONEY was the first to present a proposal for design services for the park area on the Civic Center site. He advised that they are a 10-person firm located in Riverside and they have been working in the Coachella Valley for over 10 years. They are currently doing the design work for the City's Fritz Burns Park, and the community center for the C. V. Recreation and Park District, as well as having done work at PGA West. He advised that 85% of their projects are parks and recreation related. They never have over 2% on Change Orders. He then presented and reviewed a conceptual design for the area. In response to questions by Council, they advised that even though the time is tight, they believe that the site can be completed in time for the 1993 Arts Festival. Development costs can range between $l00?000-$l50,000 per acre. BSI Dick Fisher, Senior Vice President, introduced their team and proceeded to outline their methodology in approaching the design of such a site. They presented slides of various sites in Southern California depicting what can be done with the use of water, tiles, signing, etc. In response to questions by Council, they advised that development costs generally range about $100,000 per acre. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 11 May 5, 1992 TKD, Tom Doczi, President, advised that they have been doing work in the Coachella Valley for ten years, and many projects have won awards from the American Society of Landscape Architects. He presented slides of some of their completed projects. Their belief is that any project should have an identity, which can be accomplished through the use of plant material, public spaces, site furnishings and lighting. He then proceeded to describe how all of these elements are used to tie a site together. They believe in a mix of water- efficient landscaping with traditional landscaping. They also believe that development of a program is necessary in order to project a 20-year or so plan. They would do a number of workshops in order to facilitate design development and alternatives. In response to questions by Council, Mr. Doczi advised that they could use a water feature in dealing with the retention basin. Regarding the timing, he advised that as long as all the other parameters are in place, i.e, grading, then they should have no problems meeting the time frame in being ready for the 1993 Arts Festival. Council concluded the interviews and decided to take action later in the meeting. See Page 19 for decision. JOEL SIMPSON, 30-257 Monte Vista way, Thousand Palms, Candidate for United States Congress, addressed the Council, hoping that Federal Grants monies can be used to keep jobs here in the area. GLEN PARKER, 57-520 Calhoun, Thermal, representing the Carpenter's Local Southern California District of Carpenters, addressed the Council on the matter of letting contracts. He expressed concern about local jobs, noting that most all the employees on the Civic Center Construction Site are from the San Diego area and are taking their paychecks there. Council Member Bohnenberger explained the limitations on public agencies in awarding contracts. Council recessed until 7:00 P.M. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 12 May 5, 1992 PRESENTATIONS Mayor Pena presented first Mayor, Fred Wolff and City Council Members, Judee Cox, Larry Allen and former City Manger, Frank Usher with plaques commemorating the City's Tenth Anniversary. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. AWARD OF BID FOR STREET SWEEPING CONTRACT TO LOW BIDDER CALIFORNIA STREET MAINTENANCE. 3. ACCEPTANCE OF PROJECT 91-9 EISENHOWER MEDIAN LANDSCAPING AND AUTHORIZATION TO FILE NOTICE OF COMPLETION. MOTION It was moved by Council Members Franklin/Sniff that the Consent Calendar be approved as recommended. Motion carried unanimously. MINUTE ORDER NO. 92-93. STUDY SESSION All of the Study Session calendar was continued until May 19, 1992. PUBLIC COMMENT Ed Kibbey, representing the La Quinta Rotary Club, addressed the Council, advising that the Rotary Club has donated $10,000 towards payment of the approximate $20,000 cost for the sculpture in the fountain at the new Civic Center. They would like to pay the entire cost; however, they cannot burden future Boards with costs. However, all three of the future Presidents have indicated their full support for the total funding. He asked that the Council accept the $10,000 as good faith money", and that they go ahead and pay the remainder with the understanding that over the next two to three years, the Rotary Club will raise the fund? necessary to reimburse the City. In return, they ask that a plaque be placed adjacent to the sculpture/fountain recognizing the Rotary's donation. Mr. Kibbey asked that this matter be placed on the next agenda for Council's consideration. Council concurred. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 13 May 5, 1992 PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 91- 008 LA QUINTA CHRISTIAN FELLOWSHIP CHURCH REQUEST FOR A 3,553 SQ. FT. EXPANSION TO AN EXISTING CHURCH AND ASSOCIATED PARKING AREA AT 53-800 CALLE PALOMA. Mr. Sawa, Principal Planner, advised that the matter before the Council is approval of a Public Use Permit, which was denied by the Planning Commission. The property in question is a church located on Calle Paloma. The existing church consists of about 1,400 sq. ft., and they are proposing to build about 3,500 sq. ft. additional. Once the new church is constructed, the old one will be used for a school, which has operated for about the last seven years. They have a maximum of 20 students. The Planning Commission action was a 3/2 vote for denial. He added that under the City's Code, Public Use Permits for churches are allowed in residential zones. PUBLIC HEARING OPENED Jack Clark, P.O. Box 1301, La Quinta, advised that the Church has been trying to buy a piece of land, but it has not worked out. He reviewed the history of the processing of their application through the Design Review Board and the Planning Commission. Several people opposed the project some represented by Mr. Hubbard) on the basis that they were seeking a variance to the building height to allow it to be 23', but they have since agreed to withdraw the variance if they would withdraw their objection and both agreed. Mr. Clark advised that they are not building a new church they are only replacing an old, existing sanctuary that's been there about 20 years. In response to Council Member Bohnenberger, Mr. Clark advised that they have between 60-80 members. During the summer months their Sunday attendance is about 35 and during the season they have had 90. The new sanctuary will accommodate 108, which is only 16 more people than the old one and there will only be eight additional parking spaces. There are between 20-25 students in the school, on which this application should have no effect. They have one service on Sundays at 10:00 A.M. with Sunday School at 9:00 A.M. and Bible Study from 6:00 P.M. to 8.30 P.M. on Wednesdays. PUBLIC HEARING OPENED Dane Hooper, advised that he lives four lots from this site. He commented on the previous request for a variance to the height limit and was pleased that the request has been BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 14 May 5, 1992 withdrawn, stating that he had agreed to withdraw his protest if the application was withdrawn. However, some of his neighbors have asked him to bring some issues before the Council. He noted that every notice received from the City states that this request is for an expansion to an existing church, when it?s actually a new sanctuary. The new sanctuary seats 108 seats, requiring 35 parking spaces and ignores the 60-90 seats in the existing facility which will require 20-25 parking spaces. The total sanctuary is going to exceed 150 seats. He commented on the environmental assessment and suggested that the applicant has failed to meet certain requirements, i.e., effect on property values. Therefore, he asked that the application be denied. Peter Rodholm, stated that he plans to build a home within the subject tract and commented that these two lots were never officially merged and, therefore, the site is not a 1.4 acre site, but rather two single lots. If these lots were joined, the total acreage would be 33,152 sq. ft., which is less than an acre. Also, the proposed new addition will require 36 parking spaces, bringing the required number of spaces to 66, which the property will not accommodate. He noted that a petition signed by more than 30 neighbors, representing over 33 properties indicating that they see substantial detrimental effect to the general welfare of their neighborhood, was presented and asked the Council to deny the application. John Owens, 50-965 Paloma, urged denial stating that he has lived there for three years and to-date, no one has come to his home to discuss the expansion. Ray Snittle, Calle Quito, said that no one has come to his home to discuss the expansion. Churches constantly strive to increase their membership and he was sure that this one is no different. He was opposed to the application. Yvonne 50-645 Calle Quito, stated that when they purchased their home, they had no overwhelming objection to the church, as it resembled a home, but they do object to the construction of a larger, non-residential appearing building, as it would not be in keeping with the character of the area. She asked that the Council uphold the decision of the Planning Commission. Lynda Brown, 56-580 Paloma, expressed concern about the possible new growth of a church located on two residential lots. She asked that the request be denied. Ron Sweetland, 77-550 Chihuahua, attends this church and he also pays taxes. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 15 May 5, 1992 Joe Garza, 50-550 Calle Quito, asked that the application be denied he was certain that they plan continued growth. John Otellem, Calle Paloma, opposed the application because there isn't sufficient room for expansion. Rosaline Davis, 50-925 Calle Paloma, urged denial citing traffic hazards that exist with no posted school signs and no indication that children are in the area. She also complained about the noise and felt that this is more of a school than a church. Cindy Payne, Sunrise Court, has three children enrolled in this school, and she also works there. Their intent is to be good neighbors. There are five adults to every twenty children. Manual Arbaca, 50-735 Calle Quito, advised that he represents 16 lots and several neighbors and they oppose this project. His neighbors have stated that if they had known about this church's proposed expansion plans, they would not have purchased there. He also complained about the noise generated from the school. Mark Collins, 53-040 Ramirez, Pastor of the church, asked that the Council look at the benefits for the whole community by this church and expressed concern that the people who have spoke against the proposal are concerned about themselves. Susie Sanford, 50-680 Calle Paloma, urged denial citing the inappropriateness of the location. Most of the churches in Indio are located on major arterials and at intersections. She also presented pictures of the property in question to indicate that it has not been properly maintained. Hill Davis, 50-925 Calle Paloma, urged denial. Pat Mills, 50-071 Balboa, Coachella, advised that she is not a member of the church, but has children attending school there. She understood the concerns of the neighbors, but felt that concern for the overall community is of more importance and felt that the Christian training the children are receiving at this school is superior to what is being taught in public schools. She urged approval of the application. Susan Collins, 53-040 Ramirez, advised that the sanctuary is going to be used only for worship and the other building will be used for the school and for Sunday School. The existing facility is very small and cramped. About seven cars go in and out of the driveway in the morning and about three in the afternoon. About 500 people have signed a petition asking for BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 16 May 5, 1992 approval of the application. Jack Clark, advised that they are simply replacing an old sanctuary with a new sanctuary, which is badly needed. They had a traffic Study done by Housley Engineering, which someone will address. Regarding the character of the neighborhood, he noted that there are a number of commercial and recreational vehicles, as well as others, which are parking in driveways and on the street and there is one house which has two horses in the back of the their house. He did not see how this new addition could be detrimental to the neighborhood. Bill Lainis, with Housley Engineering, has studied and observed the existing traffic patterns around the church. They observed the traffic around the church on Sunday morning as well as a Tuesday morning and afternoon. They found that on Sunday about 12 vehicles per hour traveled Paloma and during services, 25 cars were in the parking lot. When services dismissed, the cars left over a period of 45 minutes so there were rarely two cars leaving at the same time. On Tuesday morning only seven cars entered the site with four remaining on-site during the day. Jack Clark noted that City Staff also stated that there would be no significant impact on traffic. He presented a letter from a local realtor who stated that there would be no negative impacts on property values and added that they recently sold a lot for $79,000. In response to Council Member Bohnenberger, Mr. Clark advised that they hope that they will eventually have to have two Sunday morning services. Dane Hooper, commented that parking spaces do not set the church attendance, but rather church attendance sets the parking requirements. THERE BEING NO ONE ELSE WISHING TO SPEAK, THE HEARING WAS CLOSED. In response to Council Member Franklin, Mr. Herman advised that all parking requirements have been met. In response to questions by Council Member Bohnenberger, Mr. Herman advised that the conditions limit the school to 25 children or less. The conditions require the building to be upgraded with a block wall around three sides and with new landscaping. In response to Mayor Pena, Mr. Herman advised that originally, there was a notice stating 1.4 acres, but it was caught and BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 17 May 5, 1992 corrected to read 74 acres. In further response, he advised that it is not a new church, but rather an expansion as they are expanding the church operation on the site. With regard to the First Amendment rights, Ms. Honeywell advised that the City has the authority to regulate this use just as any other use. Regarding the regulation of the number of services, she advised that could only be regulated if the City finds that they are conducting so many that it impacts the surrounding uses in a very negative way. Council Member Bohnenberger supported the Public Use Permit, commenting that it is not a new use, but rather to improve their property by building a more attractive building on it, install additional paved parking, install a masonry wall around it, landscaping and upgrade the existing building. They are making an insignificant increase in the seating capacity, and the church will be opening up space to conduct Sunday School so that it won't have to be conducted outside. They are not increasing the school enrollment. If they want to increase membership and hold multiple services, they could do that in their present building. He also referred to a comment made by Council Member Rushworth awhile back when he commented on the direction the community is going when it's willing to approve a night club, but can turn down a day-care center and now possibly a church. Council Member Rushworth agreed with Council Member Bohnenberger. He believed that the overall good from this project overrides the nuisance value He felt that anything we can promote to keep kids off the street and teach them moral values is worthwhile. Council Member Franklin stated that she has looked at the site and discussed the matter with Pastor Collins. She drove through the neighborhood and agreed with the comments made by Council Members Bohnenberger and Rushworth in that we need to look at the entire community. Approval of this permit will result in improvement of the site with the conditions of approval. Council Member Sniff had empathy for the surrounding residents, noting that the Council recently went through a situation with a day-care center in which the neighbors were opposed and he basically felt they were wrong, but he supported them because he felt that the neighborhood opposition was going to be a continuing problem. But, in this case, this church is a fact, as well as the traffic. He believed that this will be an attractive building and the parking requirements have been satisfied. He commented on the difficulty of these kinds of decisions, concluding that he did BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 18 May 5, 1992 not feel that approval will further impact the area significantly. Mayor Pena felt that this is one of the toughest decisions the Council has had, but he's talked to a lot of the neighbors and the noise and traffic impacts are real to the neighbors. He was certain that the congregation will be increasing. The impacts the Planning Commission saw leaves him with some doubts. RESOLUTION NO. 92?45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PUBLIC USE PERMIT NO. 91-008 TO ALLOW THE EXPANSION OF CHURCH ON A 0.74 ACRE SITE. It was moved by Council Members Bohnenberger/Rushworth that Resolution No. 92-45 be adopted. Motion carried with Mayor Pena voting NO. 2. TENTATIVE TRACT 23773 PHASE 2) STARLIGHT DUNES A REQUEST FOR A SECOND ONE-YEAR TIME EXTENSION 101 LOTS ON 28 ACRES LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND ADAMS STREET. APPLICANT: STARLIGHT DUNES PARTNERSHIP. Mr. Herman presented staff report advising that the issue before the Council is a time extension request. The Planning Commission has held a public hearing and has recommended approval of the request subject to the applicant cleaning up some debris that has been stored on the undeveloped phase of the project. The property was reviewed by staff yesterday, and it has been cleaned up. PUBLIC HEARING OPEN Robert Thatcher, with BSI Associates, Engineers for the project, expressed concern about Condition No. 33. Their concern about the Quality Assurance Program and their responsibilities as engineers on the project and noted that there will be increased costs due to this requirement. If it is proposed to have a condition of this nature on the map, then he suggested that it be the condition as now being proposed by staff and not this wide open liability potential condition as worded in Condition No. 33, in the event that a Quality Assurance Program is not adopted. He didn't see the need for it and felt that it should be covered by the City's Inspection Department noting that the City collects fees from the Developer for inspection services. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minute? 19 May 5, 1992 In response to Council Member Bohnenberger, Mr. Speer advised that most of this Condition was on the existing map only the first paragraph of the Condition is new, which states that the City is contemplating a different Quality Assurance Program. THERE BEING NO ONE ELSE WISHING TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Council Member Bohnenberger stated that he agreed to the first paragraph, but not the second so that if a Quality Assurance Program is adopted by the time the project proceeds, then they shall comply with it, otherwise the condition should remain the same as it previously was stated. RESOLUTION NO. 92-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING MODIFIED TENTATIVE TRACT 23773 EXTENSION OF TIME SECOND REQUEST) CASE NO. TT 23773 STARLIGHT DUNES. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 92-46 be adopted as amended to delete the second paragraph of Condition No. 33. Motion carried unanimously. MAYOR AND COUNCIL MEMBERS ITEMS Council Member Bohnenberger stated that he was anxious to hear the presentation by Dr. Mark Benson regarding the emergency medical cache and hoped that his presentation will be made at the next Council meeting. Mrs. Juhola advised that his presentation is scheduled for the first meeting in June. Council recessed to Redevelopment Agency BUSINESS SESSION continued.... 1. INTERVIEW OF CONSULTANTS FOR THE CIVIC CENTER LANDSCAPING PROJECT T. I. MALONEY, BSI AND TKD. MOTION It was moved by Council Members Bohnenberger/ Franklin to authorize staff to negotiate an agreement with TKD for landscape design services for the Civic Center Complex. Motion carried unanimously. MINUTE ORDER NO. 92-94. BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 City Council Minutes 20 May 5, 1992 CLOSED SESSION a. Discussion of personnel pursuant to Government Code Section 54957. b. Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Agreement with Riverside County Fire Department c. Discussion of pending litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Company Iowa Trust Council reconvened to regular session. NOTION It was moved by Council Members Sniff/Franklin to authorize the City Attorney to prepare and the Mayor to execute a severance agreement for the City Manager. The terms are to be for a lump sum payment for nine months salary plus benefits dated from the next payroll cycle and accrued vacation, sick leave, and administrative leave to be calculated in accordance with adopted City Personnel Policy. Upon receipt of the City Manager?s resignation and execution of the severance agreement, the Assistant City Manager shall act as the Acting City Manager. Motion carried with Council Member Rushworth voting NO. MINUTE ORDER NO. 92-9?. There being no further business, the meeting was adjourned. Re Respectfully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02 BIB] 01-29-96-U01 04:32:41PM-U01 CCMIN-U02 05-U02 05-U02 1992-U02