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1992 10 06 CC Minutes LA QUINTA CITY COUNCIL MINUTES OCTOBER 6, 1992 Regular meeting of the La Quinta City Council was called to order at 3:00 P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Ms. Honeywell asked that discussion of the Cable Television Franchise be added to the Closed Session agenda as potential litigation. MOTION It was moved by Councilmembers Franklin/Bohnenberger that the matter of the Cable Television Franchise be added to the Closed Session agenda noting that the need to discuss it came up after the posting of the agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Councilmembers Franklin/Bohnenberger that the Minutes of September 15, 1992 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented a plaque to Don Whelchel, Code Enforcement Building Specialist expressing the City's appreciation as Employee of the Month for September. PUBLIC COMMENT None WRITTEN CORRESPONDENCE a. Letters from Audrey Ostrowsky regarding public meetings. Noted and filed. b. Letter from La Quinta Chamber of Commerce regarding appointment to the Education Committee. Councilmember Franklin advised that she would like to serve on this committee. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 2 October 6, 1992 MOTION It was moved by Councilmembers Bohnenberger/ Rushworth that Councilmember Franklin be appointed to the Chamber of Commerce Education Committee. Motion carried unanimously. MINUTE ORDER NO. 92-173. C. Letter from Seth Etinger expressing appreciation for improvements made to La Fonda. Noted and filed. d. Letter from Jill Thompson resigning from the Community Services Commission. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF REQUEST FOR FUNDS BY LA QUINTA CHAMBER OF COMMERCE FOR INSTALLATION OF ELECTRICAL POWER NEEDED FOR THE MAINSTREET MARKETPLACE EVENT. Mrs. LiCalsi, Administrative Analyst, advised that in August the City Council asked staff to work with the Chamber of Commerce in resolving the issue of power and lighting for the Mainstreet Marketplace. The Chamber has received three bids for electrical services to provide power and receptacles no light fixtures) to the three median strips on Calle Estado. The power would be pulled from the City Hall administration trailer and would be run in trenches to receptacles on each of the medians. The low bid received was submitted by Hegge Electric in the amount of $1,100.00. The bid excludes trenching, saw cutting, removal of asphalt/concrete, backfilling and patching. It's estimated that the cost for the requested City work will be approximately $600.00 and can be done with money already budgeted in Public Works. If the City does this work, an automatic irrigation system will be installed to the medians at the same time. She added that this request does not include power or lights at the intersections of Calle Estado or Bermudas, which was an issue raised by the Sheriff's Department. Gina Kimmel, Project Coordinator, advised that attendance has increased from 1,000 at the first event of the season to 2,500. They are now doing television commercials and increasing the number of special events to increase attendance and are working with Mitsubishi on becoming a corporate sponsor. The larger they become, the more important the electrical becomes. She cited the liability involved with having electrical cords running to the medians. She spoke to the Sheriff?s Department and they believe that the flashing lights on Bermudas is more than adequate. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 3 October 6, 1992 Councilmember Rushworth said he understood this event to be self-supporting and asked if they have submitted a financial statement. Mr. Genovese advised that according to the contract, it's due in December or could be requested earlier. Mayor Pena commented that this problem with lighting was not anticipated in the contract lighting has always been an issue and he wished to see the City support it. It's difficult to see the wares and to cross the street, especially with small children. Councilmember Sniff believed that the Contract does allow for the Chamber to come back to the Council with additional proposals or requests. The Council made a commitment to support the Mainstreet Marketplace and he believed that support should continue. Councilmember Franklin concurred, adding that the businesses in the downtown have benefitted from this event. MOTION It was moved by Councilmembers Sniff/Franklin to approve the request of the Chamber of Commerce for $1,100 for installation of electrical power needed for the Mainstreet Marketplace and that the funds be taken from the Contingency Account and further that staff be directed to do the approximate $600 trenching work. Motion carried unanimously. MINUTE ORDER NO. 92-174. 2. CONSIDERATION OF REQUEST FROM DESERT SANDS MIDDLE SCHOOL AFTER SCHOOL SPORTS PROGRAM FOR $10,000. Mrs. LiCalsi, Administrative Analyst, advised that the City Council has received a request from Desert Sands Middle School Sports Program for $10,000 for the La Quinta Middle School After-School Sports Program. The money will be used to offer six sports, each covering a six-week period. The sports include football, volleyball, basketball, softball, wrestling and track. The money will cover expenses for coaches, equipment, transportation, officials and awards. In response to Councilmember Franklin, Pat Maldonado advised that the football is flag football and there are a couple of girls interested in going Out for it. Legally, they have to provide all the sports to both boys and girls. In response to Mayor Pena, Mrs. Maldonado advised that they are paying the coaches about $500 for the six-week period. Mayor Pena asked what the other schools will do if they are unable to come up with funds and Mrs. Maldonado advised that there is a general fund that will be divided up between the BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 4 October 6, 1992 schools. They need the other teams to compete against. It could happen that some of La Quinta funds could go to another school, but its not probable. Mayor pena was concerned about the possibility of the City?s money being spread out among the other schools, as he felt that it defeats the purpose of why we're giving the money. The City has always been very supportive of our schools and our children, but would not like to see the money dissipated. Corridor advised that they will be having a walk-a-thon on October 23rd and recently raised $1,000 from a raffle. Mayor pena suggested perhaps matching their funds up to the $10,000. Mrs. Maldonado noted that their last walk-a-thon generated $24,000. Councilmember Sniff suggested a contribution of $2,500 with a report back in 30 days. Seth Etinger asked if there are any other after-school activities other than sports and Mrs. Corriaro advised that there are leadership clubs, band, culture clubs, California Jr. Scholarship, etc. Rosalind Davis urged the Council to support the request, commenting on the positive benefit after-school sports had on her daughter. MOTION It was moved by Councilmembers Sniff/Rushworth to approve the request of Desert Sands Middle School for an after-school sports program in the amount of $2,500 for seed money and for them to report back within 30-days at which time additional funds will be considered and the funds are to be released immediately and are to be to be used in La Quinta only. Councilmember Rushworth preferred not to see a restriction placed on the use of the funds because as they stated, it's important that all the schools participate so they can have interschool competition. Councilmember Franklin supported the motion as it stands, commenting that this may be an incentive for other cities to participate. Motion carried unanimously. MINUTE ORDER NO. 92-175. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 5 October 6, 1992 3. REPORT ON OPTIONS AVAILABLE RELATIVE TO REQUEST BY T. J.'S RESTAURANT FOR DANCE PERMIT. Jerry Herman, Planning & Development Director, advised that based upon Council's direction, staff has presented some options which would allow dancing with live entertainment at T. J. S Restaurant, which is located in the Park" Sub-Zone of the Commercial Village Zoning District. Halle Valdez, Owner of T. J.'s Pizza Co., presented the Council with a petition signed by about 300 people asking that they be allowed to have dances at T.J.'s. She advised that there's always about 30 kids in the restaurant after school and she would like to be able to provide some activity for them on weekends. She has agreed to provide for an armed, off-duty officer at each dance. Mayor Pena suggested another alternative which would be to allow one dance per month, which he believed could be considered an exemption under casual dances" Section 5.12.130 Municipal Code), noting that any profit derived would be donated to a non-profit organization. In the meantime, the City could be processing a change of zone, which the City could initiate to save her the application fees. Ms. Honeywell recommended that if the Council believes that allowing live entertainment in the downtown village area makes sense overall, then she suggested Option No. 4 which amends the Park" Sub-Zone Zoning District to include live entertainment as a permitted use subject to plot plan review with the City being the applicant. Councilmember Bohnenberger supported this recommendation, commenting that it will give us a chance to see if it works well while it's being processed. Andrea Spirtos, urged approval of the request and hoped that at some point, Ms. Valdez be able to have two dances per month and to perhaps eventually hold adult dances. MOTION It was moved by Councilmembers Sniff/Bohnenberger to direct staff to proceed with Option No. 4 and to allow casual dance exemption while this process is going forward. Motion carried unanimously. MINUTE ORDER NO. 92-176. 4. CONSIDERATION OF SPECIAL STREET DESIGN FOR AVENIDA BERMUDAS TO SAVE A MATURE, 5.1" DIAMETER, EUCALYPTUS TREE IN FRITZ BURNS PARK AREA. Mayor Pena abstained from this issue. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 6 October 6, 1992 Mr. Steve Speer, Ass't. City Engineer, advised that this matter is a result of a resident coming forward in July asking that this particular tree in the Bermudas right-of-way adjacent to the Fritz Burns Park be saved. He advised that staff has considered three alternatives 1) transplant the tree; 2) build the street around the tree and 3) remove the tree and mitigate the loss. An Arborist, Paul Moore, has looked at the tree and believes that there is no possibility of this specimen surviving if relocated. To build around it would sever some major roots that are now in the surface 12" of soil and it would also pose some traffic safety problems. Councilmember Sniff questioned the impact of removal of the tree on the Fritz Burns Park and Mr. Clint Bohien, Parks & Recreation Manager, stated that to realign the road to accommodate the tree would place the street too close to the proposed community center in the park. He added that staff is investigating an urban forestry program grant, which would help mitigate this loss. MOTION It was moved by Councilmembers Franklin/Bohnenberger that the tree in Bermudas be removed and construct Avenida Bermudas per the City's standard Secondary Arterial street section. Motion carried with Mayor pena abstaining. MINUTE ORDER NO. 92-177. 5. CONSIDERATION OF REQUEST FROM PALM DESERT HIGH SCHOOL MARCHING AZTEC BAND FOR FINANCIAL ASSISTANCE TO PURCHASE UNIFORMS. Mrs. LiCalsi, Administrative Analyst, advised that the Council has received a request from the Palm Desert High School Marching Aztec Band for financial assistance to purchase uniforms in an unspecified amount. Each uniform has a cost of $300. The main fundraising technique is paid-student performances. A performance of the quintet is $300 and $450 for the entire band. Alexa Franco, Drum Major of the Palm Desert High School Marching Aztecs and 15-year resident of La Quinta, advised that their program is growing and they need additional uniforms. They would be glad to do performances in return for the donation. Councilmember Franklin suggested using them for the Mainstreet Marketplace, and Mrs. LiCalsi suggested that some other events in which they could be used would be the Civic Center Dedication or City Hall Holiday Open House. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 7 October 6, 1992 NOTION It was moved by Councilmembers Bohnenberger/Franklin that the City enter into a contract with the Palm Desert High School Marching Aztec Band in the amount of $750 for services to be negotiated at a later date. Motion carried unanimously. MINUTE ORDER NO. 92-178. 6. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 92-013 TO ALLOW CONSTRUCTION AND OPERATION OF A 10,600 SQ. FT. SENIOR CENTER ON CIVIC CENTER SITE, LOCATED AT THE SOUTHWEST CORNER OF WASHINGTON ST. & CALLE TAMPICO. APPLICANT: CITY OF LA QUINTA. Stan Sawa, Principal Planner, advised that the Planning Commission has approved a Public Use Permit for construction of a 10,600 sq. ft. senior center on the Civic Center site. The facility is one-story, southwest Spanish style and includes a large multi-purpose room, kitchen, billiard room, arts and crafts room, lounge, hospitality room, and office space. The landscaping will be a part of the overall plan which is presently being developed. Councilmember Franklin asked if there has been input from the seniors and Mr. John Walling, Architect, advised that they have had extensive input and are happy with the facility. It should be ready to go to bid by the first of the year. MOTION It was moved by Councilmembers Sniff/Franklin to accept for file the report of action taken by the Planning Commission on Public Use Permit 92-013 for construction and operation of the La Quinta Senior Center Facility. Motion carried unanimously. MINUTE ORDER NO. 92-179. 7. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON MINOR TEMPORARY OUTDOOR EVENT 92-045 TO ALLOW FINE ARTS SHOW IN PLAZA LA QUINTA AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND WASHINGTON ST. APPLICANT: THUNDERBIRD ARTISTS. Stan Sawa, Principal Planner, advised that the Planning Commission has approved a Minor Temporary Outdoor Event for a Fine Arts Show in the grass area to the south of the Beef & Brew at Highway 111 and Washington. The shows will be held from November 1992 through March 1993. He noted that this is a different location from past years, because that pad has been sold. There will be between 20-25 artists exhibiting between 9:00 A.M. to 5:00 P.M. and will not operate the two weekends of the Arts Foundation shows. Councilmember Rushworth asked if the area will be screened as in the past and Mr. Sawa advised that it wasn't a condition of BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 8 October 6, 1992 approval because the Planning Commission didn't feel it was necessary because this location doesn't have the same traffic consideration as Highway 111 frontage. Councilmember Bohnenberger wished to add a condition that the screening will be required by staff if it becomes necessary after about a two-week evaluation. In response to Mayor Pena, Mr. Sawa advised that they will be providing one portable toilet. MOTION It was moved by Councilmembers Bohnenberger/Rushworth to accept the report of the Planning Commission action on Minor Temporary Outdoor Event 92-045 as modified to allow staff to require screening if it becomes necessary. Motion carried unanimously. MINUTE ORDER NO. 92-180. 8. CONSIDERATION OF REQUEST BY SUNLINE TRANSIT AGENCY RELATIVE TO BUSINESS LICENSE FEES FOR TAXI OPERATORS. Mayor Pena advised that what SunLine is requesting is authorization to keep the fees that would ordinarily go to the cities in La Quinta's case, it would be $1,200) for administrative fees, primarily the legal fees involved in setting up the program. Ms. Honeywell advised that technically when the City approved an amendment to the JPA, we transferred to them our right to collect the fees, but there was nothing in the agreement that says we had any right to get it back. However, their Board adopted a resolution providing that they would return the fees to the individual agencies. Therefore technically, the Council has no authority to agree or disagree; they are just wanting to develop a consensus among the agencies. Mayor Pena, as the City's voting member, needs to have a feeling from the Council as to how to vote on the Board. Council concurred that they had no problem with the proposal. 9. CONSIDERATION OF AUTHORIZATION TO CALL FOR BIDS FOR LANDSCAPING AVENIDA LA FONDA MEDIAN. Councilmember Bohnenberger abstained from this issue. Mr. Speer, Ass't. City Engineer, advised that the plans and specifications for the landscaping of Avenida La Fonda are nearing completion and are nearly ready to call for competitive bids. The estimated cost of the project is $92,800. The bid documents contain an alternative to bid either baja cresta stone or granite with a permeon agent on it BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 9 October 6, 1992 that causes granite to have a burnt appearance that in time would be similar to the coral reef mountain to the south. In response to Councilmember Franklin, Mr. Speer presented a sketch of the project advising that basically, it's a drought tolerance landscape. Mayor Pena and Council expressed some concern with the use of Palm Springs Gold" due to the excessive dust in the area. MOTION It was moved by Councilmembers Franklin/Sniff to authorize a call for bids for landscaping of the La Fonda median. Motion carried unanimously. MINUTE ORDER NO. 92-181. 10. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO. 12-B, ASSESSMENT DISTRICT 91-1, AREA B. Mr. Reynolds, Public Works Director, advised that CVWD required reconstruction of the sewer stub-outs on Calle Tampico in order to make the system functional north of Calle Tampico. All costs are reimbursable by CVWD in the amount of $32, 663.00. MOTION It was moved by Councilmembers Franklin/Sniff to approve Contract Change Order No. 12-B in the amount of #32,663.00. Motion carried with Councilmember Bohnenberger abstaining. MINUTE ORDER NO. 92-182. 11. APPOINTMENT OF VOTING DELEGATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LOS ANGELES OCTOBER 10-13. MOTION It was moved by Councilmembers Bohnenberger/Franklin that Councilmember Rushworth be appointed the City's voting delegate to the League of California Cities Annual Conference. Motion carried unanimously. MINUTE ORDER NO. 92-183. 12. SECOND READING OF ORDINANCES: ORDINANCE NO. 214 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW CHAPTER 6.10 TO TITLE 6 OF THE LA QUINTA MUNICIPAL CODE ENTITLED REMOVAL OF LIQUID WASTES" AND ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE 712, REGULATING THE COLLECTION, TRANSPORTATION AND REMOVAL OF LIQUID WASTES AND ANIMAL BY- PRODUCTS. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 10 October 6, 1992 It was moved by Councilmembers Sniff/Franklin that Ordinance No. 214 be adopted on second reading. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 215 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 9.154 RELATING TO THE REGULATION OF ADULT ENTERTAINMENT. Ms. Honeywell, City Attorney, advised that she has presented an amended ordinance for consideration. One change added video stores to the definitions and the definition of adult business was clarified. It was moved by Councilmembers Sniff/Franklin that Ordinance No. 215 be adopted on second reading as amended. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING SECTION 9.224.030 RELATING TO THE FEES CHARGED FOR NON-PROFIT ORGANIZATIONS. CASE NO. ZONING ORDINANCE AMENDMENT 92-028 CITY OF LA QUINTA. It was moved by Councilmembers Sniff/Bohnenberger that Ordinance No. 216 be adopted on second reading. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor pena NOES: None ABSTAIN: None ABSENT: None BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 11 October 6, 1992 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 6, 1992 2. APPROVAL OF TEMPORARY CLOSURE OF CALLE ESTADO DURING SPECIAL EVENTS TO BE HELD ON FRIDAY EVENINGS, NOVEMBER 6, 1992 THROUGH OCTOBER 30, 1993. MOTION It was moved by Councilmembers Sniff/Rushworth that the Consent Calendar be approved as recommended with Item No. 2 being approved by RESOLUTION NO. 92-78. Motion carried unanimously. MINUTE ORDER NO. 92-184. STUDY SESSION 1. REVIEW OF DRAFT PARKS AND RECREATION MASTER PLAN. Continued to October 20, 1992. Council recessed to Redevelopment Agency Meeting. Council recessed until 7:00 P.M. at La Quinta Middle School Multi- Purpose Room. PUBLIC COMMENT PUBLIC HEARINGS 1. CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT EA92-240), CHANGE OF ZONE 92-072 & TENTATIVE TRACT 27613 FOR CHANGE OF ZONE FOR 446 ACRES FROM R-1*++1O,000 AND R-2*20,000 TO R-2 MULTIPLE FAMILY) AND 19.4 ACRES FROM H-C HILLSIDE CONSERVATION) TO R-2, TO ALLOW SUBDIVISION ON 746+ ACRES FOR 399 RESIDENTIAL UNITS, 18-HOLE GOLF COURSE AND TENNIS COMPLEX ON PROPERTY LOCATED SOUTH OF 52ND AVE., EAST OF AVENIDA BERMUDAS, AND NORTH OF CORAL REEF MOUNTAINS. APPLICANT: J. BURTON GOLD. MOTION It was moved by Councilmembers Sniff/Franklin to continue the application of J. Burton Gold to October 20, 1992 on request of the applicant. Motion carried unanimously. MINUTE ORDER NO. 92-185. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 12 October 6, 1992 3. TENTATIVE TRACT MAP 25953 REQUEST FOR FIRST EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED MAP WHICH SUBDIVIDES 38.4 ACRES INTO 139 SINGLE FAMILY LOTS LOCATED AT THE NORTHWEST CORNER OF MILES AVENUE AND DUNE PALMS ROAD AND ZONED R-1. APPLICANT: MR. & MRS. HAROLD HIRSCH. Mr. Stan Sawa, Principal Planner, advised that the Planning Commission has recommended a one-year time extension on Tentative Tract 25953 subject to one minor change regarding landscape irrigation. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the HEARING WAS CLOSED. RESOLUTION NO. 92-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 25953, TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION ON A +38 ACRE SITE. CASE NO. TT 25953 MR. & MRS. HAROLD HIRSCH FIRST EXTENSION OF TIME. It was moved by Councilmembers Bohnenberger/Sniff that Resolution No. 92?79 be adopted. Motion carried with Councilmember Rushworth abstaining. 2. CONSIDERATION OF CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE LA QUINTA GENERAL PLAN UPDATE, RECOGNIZING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR CERTAIN ADVERSE IMPACTS, AND TO ADOPT THE 1992 LA QUINTA GENERAL PLAN UPDATE. John McNamara, with BRW, proceeded to review the General Plan Update process and public involvement through the process. The General Plan was prepared in accordance with the California Environmental Quality Act and there were a number of opportunities for public involvement. A Master Environmental Assessment was prepared which is basically an inventory and analysis of the existing conditions within the community including everything from land use to transportation to public utilities, facilities and community issues. That was then summarized in the issues, opportunities and constraints which defined the operating framework within which to look at preservation, revitalization and new growth opportunities. They then moved into the preparation of visions, goals and objectives which were prepared in each of the eight Plan areas. Four alternatives were then prepared which reflected land use and transportation frameworks. One of the four was BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 13 October 6, 1992 the current General Plan which was always the basis for comparison. Based on the input from public meetings, they honed in on the General Plan framework with eight elements land use, circulation, open space, park & recreation, environmental conservation, infrastructure and public services, environmental hazards and air quality. There were two public meetings to review these elements. The Draft EIR and General Plan went out for public review for 45 days as mandated by CEQA. Every issue included in every letter was responded to and those documents are included in the EIR. They have prepared a Mitigation Monitoring Program for the City to use on an on-going basis to monitor the status of implementation of the General plan. Tim Campbell, briefly reviewed the key points in the land use and circulation policy diagrams. The General Plan proposes the following designations: Residential: VLDR very Low Density 0-2 du/ac) LDR Low Density 2-4 du/ac) MDR Medium Density 4-8 du/ac) MHDR Medium High Density 8-12 dulac) HDR High Density 12-16 du/ac) Rural Density Overlay Commercial: M/RC Mixed/Regional Commercial CC Community Commercial NC Neighborhood Commercial CP Commercial Park O Office TC Tourist Commercial vC village Commercial Non-Residential Overlay Other Land Uses: UM Urban Mix MC Major Community Facilities P Park Facilities Os Open Space G Golf Course Open Space w Watercourse/Flood Control Kate May then reviewed the EIR process and the Mitigation Monitoring Program. The heart' of the EIR includes a discussion of the existing environmental setting, the impacts of implementing the General Plan mitigation measures at a level of significance for the environmental impacts after mitigation. In addition, the document includes, as required by CEQA, discussion of the growth inducing impacts, the cumulative impacts, alternatives, summary section and some other required sections. There were 46 specific comments received during the 45-day review period, which were addressed BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 14 October 6, 1992 in Appendix C. The Mitigation Monitoring Program, required by the State) is to assist the City in implementing the EIR mitigation measures. THE MAYOR DECLARED THE PUBLIC HEARING OPEN. Hank Hohenstein, Planning Director for the City of Indio, complimented the City and consultants on the quality of the work and comprehensiveness of the General Plan. This proposal envisions at build-out, a City with a density of approximately 3.26 persons per acre. At that density, one needs to look at the socio-economic impacts and especially determine where very low, low-income persons working in the City will live. Also, the City is in receipt of three letters from Dorothy Papazian, who owns property in both La Quinta and Indio along Madison St. In response to those letters, the City of La Quinta has stated that Madison St. is envisioned at Six lanes from La Quinta up to Highway 111. Recently, the engineers or consultants on this project have reduced Madison to four lanes, divided. However, the issue remains, that Madison runs through a very low-density area within the City of Indio and many residents in that neighborhood are wanting Madison to remain a rural street, therefore, there will be some conflicts in the traffic carrying capacity of Madison. Also, he wished to incorporate as part of his testimony, letters over his signature from the City of Indio dated August 31, 1992 and August 18, 1992. He looked forward to working with the City staff in resolving these differences. Mary Frances Fenady, 126 No. Rossmore, Los Angeles, represented some people who own a small portion of land along Calle Tampico. They have asked that a commercial zoning be placed on that property as it no longer has a residential use. Bill Barbour, representing A. G. Spanos, spoke regarding the effect the General Plan Update will have on their property to the west of Lake La Quinta. They had about 160 acres, which under the current General Plan was Mixed-Commercial. In the course of developing Lake La Quinta they have down-zoned about 100 acres, so that today they have about 20 acres of net mixed commercial. The existing zoning would allow all three properties to be developed commercial, office and any of the uses under the broad mixed commercial zoning. However, the proposed General Plan Update would further down-zone this 160 acres to the extent that about 5 acres would end up being Community Commercial and the balance of the property about 20 acres would end up being Office. About 75% of the property designated for office use has landed on their property. They are asking for the flexibility to compete with other people in the neighborhood so that they can complete their *?planned community'. They questioned the fairness of down-zoning their remaining property after developing this property. They BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 15 October 6, 1992 created the Highway 111 by-pass, undergrounded improvements, constructed a force main and oversized all of the utilities in the area so they would support the commercial use on this property. He asked that the area bounded by Ave. 47 and Avenue 48 be designated M/RC so that the developer can retain the flexibility to realize the fruits of their efforts. Arlene Turi, 48-800 Fernando, advised that her property is adjacent to the Fenady property that is now zoned residential which makes it impossible to either sell or develop this property in the middle of commercial. She asked for consideration of upgrading this property to Commercial. Forest Haag, P.O. Box 1000, La Quinta, representing Landmark Land Co., addressed the Council on the issue of two particular sites. One is a 3.5 acre site at the northwest corner of Avenue 52 and Jefferson and 47.2 acres at the southwest of Avenue 50 and Jefferson. He briefly reviewed the history of these properties. They believe that there was a lot of future value addressed in their planning intent and long-range focused planning goals in concert with the City?s goals. Presented here is a reversal of some of those previous entitlements and approvals and they feel strongly that in addition to hurting their values today, it's a precedent that concerns them as long-range planners. They requested that the previous land-use designations and zoning that were in place prior to the Planning Commission 5 actions last week be re- instituted There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. Councilmember Rushworth saw no reason to change the designations on A. G. Spanos and Landmark Land Co. properties they should be left as they were. Councilmember Franklin questioned how the Mixed Regional Commercial compares to the General Commercial. Mr. Herman advised that the Mixed Regional Commercial is similar to our current Mixed Commercial and the General Commercial is similar to the Community Commercial, but then they broke the General Commercial down into a finer detail with the Neighborhood Commercial concept for those pockets designated to serve a small neighborhood area. Councilmember Franklin didn't feel that any of these properties should be down-zoned the commercial should stay the same as before in equivalent categories. Councilmember Sniff agreed that there was no point in down zoning the Spanos property or the Landmark property. It is BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 16 October 6, 1992 not appropriate to remove the 20 acres it was well- considered at the time and should stand. He wished to see the 47.2 acres on Jefferson & Ave. 50 remain the same or equivalent thereto, and that the two parcels at Jefferson and Ave. 52 should remain the same or equivalent thereto. Lastly, he was concerned about the properties on Tampico. He saw no logical consistency in having these 3 parcels remain residential. He wished to see them changed to be consistent with their neighbors. Mayor Pena agreed that the lots on Tampico should be something other than residential. Mr. Herman advised that the property to the east is part of the Core village Sub-Zone; the property on the north side of Tampico is in the North Sub-Zone and to the east is not commercially-designated and to the south is still residential. He suggested that this area be analyzed as part of the village Specific Plan and deal with in that regard and make it a sub- zone. Mayor Pena clarified that these lots would then be looked at under a village Specific Plan approach rather than a General Plan approach. Mr. Herman suggested that the Council could designate it as village Commercial and the Council concurred. Mr. Herman noted for the record that Avenue 52 between Jefferson and Washington in the current General Plan is designated as a primary arterial 4 lanes) and in the Update it's a major arterial at 6 lanes). Councilmember Bohnenberger stated that he would object to any rezoning or redesignation of the lots on Tampico as it's been subject to the studies in connection with this Update as well as previous studies and there has never been anything presented to suggest that it should be designated commercial. There is no evidence before the Council to support such an action. Councilmember Bohnenberger advised that he will be voting against the General Plan Update because of the reasons that came up earlier this year when a whole section of our community was subject to standards and manipulation without due process of the General Plan procedure just to fit the needs of a developer. That is now designated as rural overlay zone in the southeast corner of the community. We had an opportunity there to do something special and did not take into consideration the wants and needs of the people in that area. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 17 October 6, 1992 Mr. Herman clarified the changes the Council wishes to make as follows: 1) A. G. Spanos property between Avenue 48 and Avenue 47 including the sliver on the lake would be redesignated M/RC. 2) Landmark 47 Acres at the southwest corner Avenue 50 and Jefferson would be redesignated as Community Commercial; 3 acres at the northwest corner of Avenue 52 and Jefferson would be redesignated as Office Commercial. 3) Instruct staff to start a Village Specific Plan Update and analysis as it relates to the sub-zones and uses as they relate to the sub-zones. 4) Leave Washington Street designated as a major arterial. RESOLUTION NO. 92-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE 1992 LA QUINTA GENERAL PLAN UPDATE IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND, RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. It was moved by Councilmember Sniff that Resolution No. 92-80 be adopted. Ms. Honeywell advised of the following: 1) That there has been an added declaration within the body of the resolution, stating that the Council certifies the Final EIR and Mitigation Monitoring Program to have been completed in compliance with CEQA. 2) In Exhibit B'?, CEQA Findings & Statements of Facts, under Water Impacts; Finding #2 should now read, Changes or alterations are within the responsibility and jurisdiction of the Coachella Valley Water District and such changes have been adopted by the Water District, or can and should be adopted by the Water District." This language more accurately reflects the findings required under CEQA guidelines. 3) The City Attorney has added a section entitled, Findings Concerning Alternatives to the Proposed Action." This addresses the unfeasibility of the alternatives presented BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 18 October 6, 1992 in the ErR, and provides statements of fact to support the finding of non-feasibility for each alternative. Although not set forth in CEQA itself, recent case law has indicated that this element is necessary. 4) Some minor heading changes, corrections, and typos have been made to the current text. Motion was seconded by Councilmember Franklin. Motion carried by the following vote: AYES: Councilmembers Franklin, Rushworth, Sniff, Mayor Pena NOES: Councilmember Bohnenberger ABSTAIN: None ABSENT: None RESOLUTION NO. 92-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CERTAIN ELEMENTS OF THE GENERAL PLAN BY ADOPTING THE 1992 LA QUINTA GENERAL PLAN UPDATE DOCUMENT. It was moved by Councilmembers Sniff/RushWorth that Resolution No. 92-81 be adopted as submitted including the amendments to the text. Motion carried by the following vote: AYES: Councilmembers Franklin, Rushworth, Sniff, Mayor Pena NOES: Councilmember Bohnenberger ABSTAIN: None ABSENT: None MOTION It was moved by Councilmembers Sniff/Franklin to direct staff to begin an update review of The village Specific Plan. Motion carried unanimously. MINUTE ORDER NO. 92-186. 4. ZONING ORDINANCE AMENDMENT 92?O26, AMENDING TITLE 9 PLANNING AND ZONING) OF THE MUNICIPAL CODE TO INCLUDE CHAPTER 9.162, RELATING TO TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION. Mr. Nesbitt, Associate Planner, when Proposition 111 passed in June 1990, it established a process for each metropolitan county in California to designate a Congestion Management Agency to prepare a Congestion Management Program. the Riverside County Transportation Commission RCTC) was designated as that Agency. A major component of compliance with implementation requirements is the adoption of a Transportation Demand Ordinance. Without such an ordinance, BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 19 October 6, 1992 a City would be found to be in non-compliance, which could cause forfeiture of its Proposition 111 Gas Tax Funds. The ordinance needs to be adopted by the end of this year. Mayor Pena questioned what our current Gas Tax is and Mr. Genovese advised that due to some complications due to maintenance of effort we do not receive our appropriation of Proposition 111 funds. Mayor Pena asked if it will cost us more to adopt this and implement it than the monies we will derive from it. Following a brief discussion, the Council concurred on continuing this matter to get some financial analysis. MOTION It was moved by Councilmembers Sniff/Rushworth to continue the matter of the Transportation Demand Management ordinance until October 20, 1992. Motion carried unanimously. MINUTE ORDER NO. 92-187. CLOSED SESSION a. Discussion of personnel pursuant to Government Code Section 54957 Reimbursement issue with Interim City Manager Contract b. Discussion of potential litigation pursuant to Government Code Section 54956.9(a) Cable Television Franchise Council reconvened to regular session. MAYOR AND COUNCILMEMBER ITEMS Following discussion, Council concurred on holding the first meeting in November at noon on November 2nd rather than on November 3rd which is election day. Councilmember Franklin referred to a handbook the Community Services Commission has prepared for their Commission and suggested that a similar one be prepared for the City Council. A general discussion ensued with Council concurring on the Community Services Commission preparing a similar handbook for the Council. Councilmember Franklin commented that there may be a need to reschedule the December 1st Council meeting as it conflicts with the National League of Cities Conference. BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 City Council Minutes 20 October 6, 1992 There being no further business, the meeting was adjourned. Re Respectfully Su ted, A, City Clerk City of La Quinta, California BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02 BIB] 01-30-96-U01 08:34:05AM-U01 CCMIN-U02 10-U02 06-U02 1992-U02