Loading...
1992 06 16 CC Minutes LA QUINTA CITY COUNCIL MINUTES JUNE 16, 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: Council Members Franklin, Sniff, Mayor Pena ABSENT: Council Members Bohnenberger, Rushworth NOTION It was moved by Council Members Sniff/Franklin that Council Members Bohnenberger and Rushworth be excused. Motion carried unanimously. CONFIRMATION OF AGENDA Ms. Honeywell, City Attorney, asked that the on-going bankruptcy of Landmark be added to the Closed Session agenda. Mrs. Juhola asked that the minutes of June 1, 1992 be removed from the agenda as the Council received them on this date. Council Member Franklin asked that Consent Item No. 11 be made Business Session No. 14. MOTION It was moved by Council Members Sniff/Franklin that the requested changes be made and that the Closed Session item be added noting that the need for its addition arose after the posting of the agenda. Motion carried unanimously. APPROVAL OF MINUTES NOTION It was moved by Council Members Sniff/Franklin that the Council Minutes of May 19, May 20, May 26, June 2, and June 4, 1992 be approved as submitted. Motion carried unanimously. ANNOUNCENENTS None PRESENTATIONS Mayor Pena and Shiela Hatfield, Chairman of the Tenth Anniversary Committee, presented plaques to the following people expressing appreciation to the major sponsors of the Tenth Anniversary celebrations: Waste Management of the Desert Simon Motors Dr. Pearl Knight Stradling, Yocca, Carlson & Rauth Desert Hospital BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 2 June 16, 1992 La Quinta Hotel Del Webb Sunrise Co. Al & Bernice Newkirk George Marzicola Dale & Myra Bohnenberger Rotary Club of La Quinta Eisenhower Medical Center Palmer CableVision John F. Kennedy Memorial Hospital Washington/Adams Ltd. Partnership Gruen Associates Elinor Sidner La Quinta Garden Cafe Convention Support Services Mark Palmer Designs Report of La Quinta Chamber of Commerce Regarding the Mainstreet Marketplace. Lynn Kerr, Project Coordinator for the Mainstreet Marketplace, presented the Council with a status report advising that during the first nine weeks, the estimated total attendance was 27,000 and has resulted in increased business to several downtown businesses. They plan to close down for July and August and during that time she asked that the City consider installation of street lighting and electricity. The first Marketplace of the season will be September 4th. PUBLIC COMMENT Kelly Dammer, 79-920 Fiesta, La Quinta, addressed the Council advising that she's a senior at Palm Desert High School and asked for consideration of financial support to participate on the United States team for International Fast-Pitch Softball. They will be competing against teams in Holland, Germany, Switzerland and Italy from July 7th to July 22nd. The cost of the trip is about $3,300 of which she has been able to raise a little over half. Council concurred on considering the request later in the meeting. Deb Truax, 41-461 Trinity Cr., Bermuda Dunes, representing For the People", addressed the Council asking for consideration of changing the status of the City from that of a General Law" city to a BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 3 June 16, 1992 Charter" city, in order that the City may be able to enact its own laws with regard to awarding contracts for public projects. Their intent is to preserve local jobs for local workers. WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON CONDITIONAL USE PERMIT 92-003 TO ALLOW CONSTRUCTION OF A 74,500+ SQ. FT. MEDICAL OFFICE BUILDING IN THE C-P-S ZONE LOCATED AT THE NORTHEAST CORNER OF WASHINGTON ST. & 48TH AVE. APPLICANT: EISENHOWER MEDICAL CENTER & LA QUINTA MEDICAL DEVELOPMENT, INC. Mayor Pena abstained from this issue due to a possible conflict of interest. Mr. Sawa, Principal Planner, presented a site plan and described the location of the project under discussion. He advised that the proposed project consists of about 4.5 acres of a total 12-acre site. The proposal is for a 74,500 sq. ft., three-story medical office building. Eisenhower plans to utilize the entire first floor for their own use for urgent care/out-patient care facility, with the other two floors being rented out. He then described the architecture, which is Spanish. The Planning Commission has reviewed the proposal and approved it subject to conditions. Council Member Franklin questioned the reasoning for allowing a range of 10'-25' for the light poles and Mr. Sawa advised that staff felt that the since it is generally surrounded by residential that the light poles should be relatively short. Therefore, staff recommended 10'15', but the Planning Commission on request of the applicant) approved 10'25'. He suggested that in some areas we may want to restrict the height, where in other areas a higher pole could be acceptable. He noted that when you have lower poles, you need more of them, which the applicant was trying to avoid. Council Member Franklin wished to see them no higher than 15' considering the surrounding residential areas. She also wished to see the project conditioned to plant wildflowers on the undeveloped portion of the property. She also wished to see a condition requiring a child-care center. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 4 June 16, 1992 Mr. Sawa noted that Condition No. 12 covers the requirement for the wildflowers. Ms. Honeywell, City Attorney, advised that the only action before the Council at this time is to accept the report of the Planning Commission or to schedule a public hearing, if changes in the conditions are desired. Regarding the requirement for a child-care center, there needs to be shown an interrelationship between the for the child-care center and the proposed use. Mr. Sawa noted that Condition No. 12 addresses the child-care issue in that the applicant would be required to make provisions for a child-care facility in the future development area, if deemed necessary by the City at the time of application for new development. Ms. Honeywell felt that the condition is worded to give the City maximum flexibility in requiring it and also as to when it would be required. The condition could be tightened up to specifically interpret future development". NOTION It was moved by Council Members Franklin/Sniff that Council accept the report of the Planning Commission action on Conditional Use Permit 92-003 to allow construction of a 74,500t sq. ft. medical office building in the C-P-S Zone located at the northeast corner of Washington St. & 48th Ave. Applicant: Eisenhower Medical Center & La Quinta Medical Development, Inc. subject to conditions. Motion carried with Mayor Pena ABSTAINING. MINUTE ORDER NO. 92-127. 2. FINAL REPORT BY THE TENTH ANNIVERSARY COMMITTEE. Mrs. LiCalsi, Administrative Analyst, commented on the success of the Tenth Anniversary celebrations and the tremendous job performed by the Tenth Anniversary Committee. The Committee raised in excess of $100,000 through cash contributions and in-kind donations in addition to the $30,000 allocated by the City. Approximately $20,000 is left of the $30,000 of City funds. The Committee has suggested two options: 1. Return the money to the City's General Fund; or 2. Purchase a lasting gift for the City to commemorate the Tenth Anniversary. The Committee prefers Option 2 in order to purchase something that is already included in the City's Civic Center budget, like a landscape item. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 5 June 16, 1992 Council Member Franklin wished to see the monies returned to the City's General Fund and for the City Council to purchase something for the Tenth Anniversary Committee to express the Council's appreciation to the Committee and the Community. MOTION It was moved by Council Members Sniff/Franklin to accept the Tenth Anniversary Committee's Final Report and provide the following direction: That the Council give its sincere thanks and gratitude for a job well-done and also thank all those who contributed to the Tenth Anniversary success in so many ways. We are indeed fortunate to have so many organizations and individuals who care so much for La Quinta and further, that all remaining funds be returned to the General Fund and the Council shall set-aside a suitable amount necessary to provide a suitable plaque placed at or in the new City Hall honoring the Committee and all of those who contributed to its success. Motion carried unanimously. MINUTE ORDER NO. 92-128. 3. CONSIDERATION OF REQUEST BY PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU FOR $35,000 ADVANCE PAYMENT TO COVER A SHORTFALL IN THEIR FY 91/92 BUDGET. Mrs. LiCalsi, Administrative Analyst, advised that the request before the Council is for a $35,000 advance for FY 1991/92 it would be deducted from anything we would be billed for in the FY 1992/93. In response to questions by Council, Mrs. LiCalsi advised that the current invoice is based upon the 06%. The 1.6% has been set-aside for study and review. The Cities of Indian Wells, Rancho Mirage and Palm Desert have approved the advance. MOTION It was moved by Council Members Sniff/Franklin to approve the request of the Palm springs Desert Resorts Convention and Visitors Bureau for a $35,000 advance to cover a shortfall between the gross hotel sales and expenditures. Motion carried unanimously. MINUTE ORDER NO. 92-129. 4. CONSIDERATION OF AUTHORIZATION FOR STAFF TO CALL ON LETTERS OF CREDIT NO. 90091715780LA AND NO. 9007101S103LA, PGA TRACTS 21846-2 AND 25499-3 RESPECTIVELY, SUNRISE DESERT PARTNERS. Mr. Speer, Ass't. City Engineer, advised that the City has received notification from Security Pacific Bank that they will not be extending the letters of credit in question beyond their July 1st expiration date, posted by Sunrise Desert Partners for tracts within PGA West. Sunrise has indicated that they're working on getting replacement letters of credit. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 6 June 16, 1992 However, they are not in place at this time and the expiration date will occur prior to the next Council Meeting. Staff is therefore, asking for authorization to call on the securities if they fail to replace them. Alan Levin, Vice President of Sunrise Co., 42-600 Cook St., Palm Desert, advised that they are changing financing institutions Security Pacific will no longer be their lender at PGA West. They are in the process of closing a loan with Mitsubishi Bank and anticipates everything to be finalized within a week. In response to Mayor Pena, Mr. Speer advised that if we call on the Letters of Credit, we would receive the cash and if they then secure Letters of Credit, then the cash would be returned to Sunrise. Mr. Levin believed that calling the Letters of Credit would obligate the City to do the work. Ms. Honeywell noted that calling on the Letters of Credit would not relieve Sunrise Co. from completing the improvements in the event the Letters of Credit do not cover the total cost of the improvements. MOTION It was moved by Council Members Sniff/Franklin to authorize staff to call on Letters of Credit No. 90091715670LA and No. 9007101S103LA prior to their expiration date, if replacement securities are not received. Motion carried unanimously. MINUTE ORDER NO. 92-130. 5. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 92-485 TO CONVERT A SINGLE FAMILY HOME TO AN OFFICE AT 51-289 DESERT CLUB DRIVE ON 0.24 ACRES IN A C-V-C COMMERCIAL VILLAGE THE COVE'?) ZONE DISTRICT LOCATED AT THE NORTHEAST CORNER OF DESERT CLUB DRIVE AND CALLE FORTUNA. APPLICANT: DAN FEATHERINGELL DODCO CONSTRUCTION. Mr. Trousdell, Associate Planner, presented a staff report advising that the Planning Commission has approved a Plot Plan to convert a single family home at 51-289 Desert Club Drive to an office, probably a chiropractic office. The request shows a new parking lot with trash enclosure and ultimately, a new building being built in the future. Therefore, the approval was conditioned for three years with a possible one-year extension. Based on the fact that a future building would be coming in, a block wall on the east property line was not required, nor was a covered arcade along Desert Club. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 7 June 16, 1992 Dan Featheringell, P.O. Box 1012, La Quinta, advised that his intention is to tear the building down at some point in the future and build a new one to current standards, but he has only two-year financing on it and didn't realize that a time restriction was being placed on it until he went before the Planning Commission. He's putting a lot of money into it and proceeded to cite the complications involved, adding that if he has to tear the house down, he isn't going to get a loan. He wishes to comply with all of the conditions imposed, but wished to delete the condition requiring that the building be torn down in two-three years. Ms. Honeywell asked what they are not complying with in order to determine it to be a temporary use. Mr. Herman advised that the location of the building does not comply with The village Specific Plan and zoning. The physical building is supposed to be adjacent to the street or within 10' of the street at which time, you have the arcade with the street trees, etc. The parking is on the side or rear of the building with the block wall separating the commercial from the residential. Mayor Pena felt that to enhance an existing building may keep some of the old charm character of The village. In one aspect, we're going to get a structure that's going to look a lot nicer and yet we're trying to get it to conform with The village Plan. Since there is no policy, perhaps we should implement a procedure to deal with existing structures in The village and look at some kind of language that says we will review it in a certain period of time. Bruce Cathcart, P.O Box 346, La Quinta, stated that the question is whether or not we should force existing structures to comply with new construction guidelines. He understood that once the adjacent property is developed it will have the 10 sidewalk with the covered arcade, and that Mr. is willing to extend that arcade and thereby have continuity. The only difference is not being adjacent to the street. He expressed concern about the conditions making the project not financially feasible. Council Member Franklin felt that Mr. Featheringill should be able to take this existing structure and make an eyesore look very nice and lend some village flavor to the area. She had no problem with him never having to tear the existing structure down if he can come up to Code in almost every area except the set-back. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 8 June 16, 1992 Mr. Herman suggested that a condition can be imposed to require a block wall. Ms. Honeywell felt that the Council may wish to ask staff to work on an amendment to the Code. 6. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 92-484 TO CONSTRUCT A TAKE-OUT PIZZA RESTAURANT AT 79-110 CALLE ESTADO ON 0.12 ACRES IN A C-V-C COMMERCIAL VILLAGE THE COVE'?) ZONE DISTRICT. APPLICANT: RICHARD & PATTI MCCORMICK. Mr. Trousdell, Associate Planner, advised that the Planning Commission has approved a Plot Plan for a small take-out pizza restaurant at 78-110 Calle Estado on a 0.12 acre site in a C- V-C Zone. The applicant is in concurrence with the recommended conditions. He added that the new Americans with Disabilities Act affects small businesses like this in trying to provide for the required number of parking spaces for vans. Mayor Pena asked if the ADA parking requirements could be provided off-site, like on the street and Mr. Trousdell advised that it would depend upon how the final traffic plan for The Village develops. He felt that it would probably be acceptable. MOTION It was moved by Council Members Sniff/Franklin to accept the report of the Planning Commission on Plot Plan 92- 484. Motion carried unanimously. MINUTE ORDER NO. 92-131. 7. CONSIDERATION OF ADOPTION OF RESOLUTION CONFIRMING THE CITY HAS NO ASSISTED HOUSING UNITS AT RISK OF LOSING USE RESTRICTIONS. Mr. Baker, Principal Planner, advised that as a result of recent new Federal housing legislation, the State of California is asking cities to amend their housing element if they have assisted housing at risk of losing use restrictions. If you don't, like La Quinta, they are asking that it be confirmed by resolution action. RESOLUTION NO. 92-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, FINDING THAT THE CITY OF LA QUINTA HAS NO ASSISTED HOUSING UNITS AT RISK OF LOSING USE RESTRICTIONS. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 9 June 16, 1992 It was moved by Council Members Sniff/Franklin that Resolution No. 92-59 be adopted. Motion carried unanimously. 8. CONSIDERATION OF BIDS FOR THE SALE, REMOVAL AND RELOCATION OF PALM TREES FROM THE NEW CALLE TAMPICO STREET RIGHT-OF-WAY. Mr. Speer advised that the City has received a bid from William Dale Young & Son for the palm trees within the Tampico right-of-way in the amount of $8,150. The Council has the option of selling the trees to Mr. Young, or moving them to another location within the City. MOTION It was moved by Council Members Sniff/Franklin to authorize the sale of the palm trees to William Dale Young in the amount of $8,150. Motion carried unanimously. MINUTE ORDER NO. 92-132. 9. REVIEW, DISCUSSION AND CONSIDERATION OF ADOPTION OF PRELIMINARY OPERATING BUDGET FOR 1992-93 FISCAL YEAR. Mr. Genovese, Acting City Manager, advised that the draft budget for FY 1992-93 presented to Council for preliminary adoption incorporates the modifications made during the previous review. He noted that Council had asked staff to increase the Fire Services budget by $6,000, but following the presentation that was made, that amount now should be $7,500. Some of the revenue sources were updated, but he did not anticipate updating them any further. He noted that there are a number of movements by the State that could affect the budget negatively. Probably, the most significant to La Quinta would be any removal of motor vehicle in lieu tax, which could remove about $500,000 from the operating budget. Letters have been sent to our State representatives regarding this matter. In summary, we would need to utilize approximately $482,000 of reserves to fund the current General Fund operating budget. One of the major issues for Council to address is the Convention Bureau issue. They are currently billing the City at the 06% rate, so there is an option of decreasing that line item in the budget. The 1.4% was used in the budget based upon the Council's conceptual approval. Council concurred on reducing the CVB line item by about $177,000, by using the current contribution figures. Council Member Sniff noted that the Desert Personnel Coalition Membership was not deleted from the new draft and he believed BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 10 June 16, 1992 that was Council?s direction on June 1. Regarding the City Attorney's budget, Mayor Pena suggested that the $400,000 could be reduced based on the fact that some of the current litigation is being paid by the Redevelopment Agency. Council concurred on reducing the City Attorney's budget by $50,000. In response to Council Member Franklin, Mr. Genovese advised that there is approximately $4 million in cash reserves. Council Member Franklin questioned the recommendation with regard to charging some of the Chamber of Commerce contract amount to the Redevelopment Agency. Mr. Genovese advised that he has discussed this matter with the Attorney, inasmuch as most of their endeavors are in regards to business retention/acquisition, and economic development efforts. Mr. Genovese advised that the Chamber contract is currently in the budget at $125,000, so by transferring a portion to the Redevelopment Agency, the City's budget could be reduced by about $62,500. Mayor Pena asked if the same wouldn't hold true with the Arts Foundation and Mr. Genovese advised that the difficulty would be in the actual business retention/acquisition, but the City could be aggressive. Mayor Pena suggested that at least $15,000-$20,000 of the Arts Foundation budget also be transferred to the Redevelopment Agency. Ms. Honeywell suggested that staff come back to Council with some findings that would tie the contracts Chamber of Commerce and Arts Foundation) in with the project area. Council concurred. Mayor Pena suggested reducing Contingency from $150,000 to $100,000. Council concurred. MOTION It was moved by Council Members Sniff/Franklin to adopt the Preliminary operating Budget for FY 1992-93 as modified. Motion carried unanimously. MINUTE ORDER NO. 92- 133. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 11 June 16, 1992 10. CONSIDERATION OF PROPOSAL OF LA QUINTA ARTS FOUNDATION. Mrs. LiCalsi, Administrative Analyst, advised that this matter was continued from the last meeting to give the Council an opportunity to complete their review of the budget. The proposed contract for FY 1992-93 represents an increase of $10,000 from their prior year request, from $40,000 to $50,000. The basic change in the contract itself is that The village Faire would be changed from a crafts event" to more of a fine arts" show, like a mini arts festival". Mayor Pena noted that there isn't a cancellation clause in the contract. Ms. Honeywell advised that without a cancellation clause, they are bound to fulfill the terms of the contract. She suggested that her office could take this contract and conform it more to a standard City contract. Council Member Franklin didn't disagree with the idea the Foundation is proposing, but had a concern about the fact that the fair was supposed to be something more along the line of a crafts fair that all the people in the City could participate in to promote the craftsmen and artisans in La Quinta. However, she wasn't inflexible in trying a new two- day Fall fine crafts festival, but given the City's budget constraints, she couldn't support the extra $10,000 when all Departments have been asked to cut as much as they can. Council Member Sniff wished to continue this matter and have the City Attorney draw up a proper contract for consideration at the next meeting. MOTION It was moved by Council Members Sniff/Franklin to continue consideration of the Arts Foundation contract to July 7, 1992 pending a formal contract to be prepared by the City Attorney. Motion carried unanimously. MINUTE ORDER NO. 92- 134. 11. CONSIDERATION OF PROPOSAL OF LA QUINTA CHAMBER OF COMMERCE. MOTION It was moved by Council Members Sniff/Franklin to continue consideration of the Chamber of Commerce contract to July 7, 1992 pending a formal contract to be prepared by the City Attorney. Motion carried unanimously. MINUTE ORDER NO. 92-135. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 12 June 16, 1992 12. CONSIDERATION OF CONTRACT SERVICES FOR INTERIM CITY MANAGER. Continued to the 7:00 P.M. session. 13. SECOND READING OF ORDINANCES: ORDINANCE NO. 208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING TITLE 8 ENTITLED BUILDING AND CONSTRUCTION," REPEALING EXISTING BUILDING AND CONSTRUCTION, AND ADOPTING, BY REFERENCE, BY INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM BUILDING CODE, 1991 EDITION, INCLUDING CERTAIN SPECIFIED APPENDICES AND THE UNIFORM BUILDING CODE STANDARDS, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRIC CODE, 1990 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM PLUMBING CODE, 1991 EDITION, INCLUDING ALL APPENDICES AND THE INSTALLATION STANDARDS, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM MECHANICAL CODE, 1991 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1991 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN CODE, 1991 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM HOUSING CODE, 1991 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND THE DANGEROUS BUILDING CODE; 1991 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. It was moved by Council Members Sniff/Franklin that Ordinance No. 208 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Franklin, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Members Bohnenberger, Rushworth 14. AWARD OF BID FOR AVENUE 50 IMPROVEMENTS PROJECT NO. 92-10. Council Member Franklin questioned the reason for staff wishing to continue this matter to July 21st. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 13 June 16, 1992 Mr. Speer advised that the bid date has been extended to June 24th and staff wishes to have adequate time to evaluate the proposals Council Member Sniff suggested continuing the matter to July 7th rather than July 21st. MOTION It was moved by Council Members Sniff/Franklin that the award of bid for Avenue 50 improvements Project No. 92- 10 be continued to July 7th. Motion carried unanimously. MINUTE ORDER NO. 92-136. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF BASIN IMPROVEMENT AGREEMENT FOR TRACT 23269 LA QUINTA HIGHLANDS TRIAD PACIFIC DEVELOPMENT CORP. 3. ACCEPTANCE OF FINAL IMPROVEMENTS ASSOCIATED WITH TRACT 23269 LA QUINTA HIGHLANDS. 4. APPROVAL OF SPECIAL ADVERTISING DEVICE 92-025 FOR BOULEVARD DEVELOPMENT PALM ROYALE) TO ALLOW TWO BANNERS FOR PROJECT AT THE SOUTHEAST CORNER OF FRED WARING DR. & WASHINGTON ST. 5. AWARD OF BID FOR PROJECT NO. 92-9 AVENUE 50 MEDIAN LANDSCAPING TO LOW BIDDER VALLEY CREST LANDSCAPE, INC. IN THE AMOUNT OF $75,300. 6. APPROVAL OF FINAL MAP 25154 AND RELATED SUBDIVISION IMPROVEMENT AGREEMENTS VALLEY LAND DEVELOPMENT AT EAST END OF SAGEBRUSH. 7. ADOPTION OF RESOLUTION CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF LA QUINTA ON NOVEMBER 3, 1992. 8. ADOPTION OF RESOLUTION ADOPTING REGULATIONS PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTER AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 1992. 9. AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS FOR THE IMPROVEMENT OF CALLE TAMPICO BETWEEN EISENHOWER DRIVE AND WASHINGTON STREET. 10. DENIAL OF CLAIM OF WESLEY WARFIELD. 11. MOVED TO BUSINESS SESSION NO. 14. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 14 June 16, 1992 NOTION It was moved by Council Members Sniff/Franklin that the Consent Calendar be approved as recommended with Items 7 and 8 being approved by RESOLUTION NOS. 92-61 AND 92-62 respectively. Motion carried unanimously. MINUTE ORDER NO. 92?137. ADDITIONAL AGENDA ITEMS At this time, Ms. Honeywell asked that two additional items be added to the Business Session Agenda noting that the need to take action came up after the posting of the agenda 1) Consideration of Waiver for Stradling, Yocca, Carison & Rauth, and 2) Consideration of Request of Albertson's for Indemnification Agreement. NOTION It was moved by Council Members Sniff/Franklin that the waiver for Stradling, Yocca, Carlson & Rauth and the indemnification agreement for Albertson's be added to the agenda, noting that the need to take action came up after the posting of the agenda. Motion carried unanimously. BUSINESS SESSION continued........ 1?. CONSIDERATION OF WAIVER FOR STRADLING, YOCCA, CARLSON & RAUTH RE: WALNART. Ms. Honeywell advised that the waiver would only pertain to a particular matter in Lompoc involving Walmart. NOTION It was moved by Council Members Sniff/Franklin to approve a waiver for Stradling, Yocca, Carlson & Rauth regarding Walmart. Motion carried unanimously. MINUTE ORDER NO. 92-138. 16. CONSIDERATION OF REQUEST OF ALHERTSON?S FOR INDEMNIFICATION AGREEMENT. NOTION It was moved by Council Members Sniff/Franklin to authorize execution of an indemnification agreement with Albertson's. Motion carried unanimously. MINUTE ORDER NO. 92-139. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 15 June 16, 1992 STUDY SESSION 1. CONSIDERATION OF PERMANENTLY CLOSING CALLE TAMPICO BETWEEN AVENIDA CARRANZA AND EISENHOWER DRIVE. Mayor Pena asked if he needs to abstain from this issue, noting that his residence is within Phase V. Ms. Honeywell advised that he only needs to abstain if his property stands to be materially affected in the amount of $10,000. Mayor Pena advised that he will be taking part in the discussion. Mr. Speer advised that the staff originally came to the Council April 21, 1992 with the concept of permanently closing Tampico west of Eisenhower and directing the traffic to Montezuma. Because of the potential impact to the residents in the area, the Council directed staff to send out a survey. About 260 questionnaires were sent out. He then proceeded to review the results of the survey and pointed out the areas in which certain responses were received. Essentially, the neighborhood is in favor of closing Tampico by a 5-1 margin. There are costs associated with the closure. There will be some savings in not building the street, but there will be costs in other related items, i.e. landscaping the area and the probable likelihood of installing a signal at Eisenhower and Montezuma. Additionally, he felt that a signal at Tampico and Eisenhower is likely in the future. He believed that if Tampico isn't closed, there is still a possibility of needing a signal at Montezuma. He further advised that an easement would have to be maintained by GTE. Council Member Franklin felt that it's going to cost a lot more to vacate the street with the park improvements and the parking lot. She was much more concerned about being able to finish Phase V than adding financial burdens. Additionally, we already have a strange situation at the Montezuma intersection and to put more traffic there before it's made a safer intersection would not be feasible. Mr. Speer advised that if we build Tampico, it will have to be 32' wide because the bikepath is already encroaching into the right-of-way and parking would be restricted to one side. Tampico will have 90? turns at both ends. He suggested that Council consider rounding of f the turn which would mean the acquisition of possibly two lots a portion of one could then be re-sold). BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 16 June 16, 1992 Council Member Sniff felt that it's a fundamental error to give up that street since it is functional and can be made more functional by rounding off the curve. Putting more traffic at Eisenhower and Montezuma is not safe. He felt that the proposed costs are unrealistic, as there will probably be additional costs accommodating traffic circulation in The village. Audrey Ostrowsky, agreed with Council Members Franklin and Sniff she felt that it's very important not to close streets. Spending money for infrastructure in the downtown area is more important. Hruce Cathcart felt that the costs surrounding Montezuma is something that will have to address. He felt that when the neighborhood says 5-1 to close the street based upon increased property values and increased parks space those are positive things. He felt that the Council should think about what the public wants; what's most cost-effective and consider doing something on Montezuma regardless of what is done with Tampico. Council Member Sniff referred to the survey and did not feel that it was straight forward he believed that it was slanted in favor of the abandonment and there were no costs mentioned. A survey must include as much information as possible on all sides; otherwise, the results you get are skewed. Mayor Pena believed that in the past, the Council indicated they did not wish to close Tampico until the Montezuma issues were addressed, which have not yet been addressed to his satisfaction even though he could see some enhanced property values by forming the cul-de-sacs and the green belt area. Mayor Pena wished to see this issue continued for two weeks. Council concurred. Council recessed to Redevelopment Agency. DEPARTMENT REPORTS public Works Director Status report on Calle La Fonda Mr. Speer advised that the plans have been drawn and have been submitted to the Contractor for a Change Order. The amount came in too high to allow any landscaping to be done under the current budget. It has been returned to the Contractor for re-evaluation BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 17 June 16, 1992 of the number submitted. If it isn't lowered, then the City would be left with the option of considering raising the budget or eliminating the landscaping for a period of time or going to competitive bid. Council recessed until 7:00 P.M. PRESENTATIONS Mayor Pena presented the La Quinta Beautiful Award Landscaped for Ecology' for the month of May to Harold and Tern Rose, 54-420 Avenida Madero. At this time, Council recessed to Redevelopment Agency. PUBLIC COMMENT Andy Ysiano, 53-980 obregon1 advised that he would like permission from the City to police the area from Highway 111 to Avenue 50 by keeping the litter picked-up along the road-way. Council expressed appreciation to Mr. Ysiano and asked him to check with the Public Works Department before starting to make sure that street work wont be in progress. PUBLIC HEARINGS 1. ANNUAL REPORT AND LEVY OF ASSESSMENTS LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 AND PLACEMENT OF ASSESSMENT ON 1992-93 TAX ROLLS. Mr. Speer, Ass?t. City Engineer, advised that a representative from BSI is present to answer any questions. Dennis Klingelhoffer, representing BSI Consultants, advised that they have prepared the Engineer's Report for the City's Landscape and Lighting District 89-1 for Fiscal Year 1992/93. The improvements to be funded by the District includes the maintenance of landscaping, installation of landscaping and street lighting on major thoroughfares and arterial streets. In addition, landscape maintenance is proposed in three separate benefit zones within the District. The total revenues to be generated by the District for 1992-93 are estimated to be $557,000. There are no changes being proposed in the method of assessing parcels within the City and assessment rates being proposed for 92-93 are the same as 91- 92. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 18 June 16, 1992 PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 92-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 1992-93 ASSESSMENT DISTRICT 89-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. It was moved by Council Members Sniff/Franklin that Resolution No. 92-62 be adopted as recommended. Motion carried unanimously. 2. SPECIFIC PLAN 90-020 AND PARCEL MAP 26471 AMENDMENT TO CONDITIONS OF APPROVAL LOCATED ON THE WEST SIDE OF MADISON ST. BETWEEN 52ND AND 53RD AVENUES, AND AT SOUTHEAST CORNER OF MADISON ST. & 52ND AVENUES, AND AT SOUTHEAST CORNER OF MADISON ST. & 52ND AVENUE. APPLICANT: STUART ENTERPRISES VISTA SANTA ROSA). Mr. Sawa, Principal Planner, advised that the matter before the Council is for an amendment to Specific Plan 90-020 and Parcel Map 26471, which permits construction and development of 850 single-family residences in seven villages on 271 acres on the west side of Madison between 52nd and 53rd Avenues. The applicant is asking that seven conditions of the Specific Plan and two conditions of the Parcel Map be amended. He's also asking that the Council review four conditions of the Specific Plan and two conditions of the Parcel Map for interpretation to insure that what they're doing is acceptable. The Planning Commission reviewed the applicants request and agreed with all the interpretations and agreed with all of the requested amendments except for two conditions of the Specific Plan which dealt with lot size and lot width requirements which were imposed by the Council. Craig Bryant, Winchester Asset Management, representing the applicant, proceeded to review their request for change in Conditions 4, 28 and 30. Regarding Condition No. 4, they had requested approval to build 25% two-story along 52nd Avenue, because it will allow them to provide more variety in terms of product. He advised that they have been conditioned that no similar floor plan or structure can be within 250' of one another, so if they are not allowed to build two-story on BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 19 June 16, 1992 52nd, the builder would have to have 2-4 additional models, which could add up to eight models per Village, which the lender will not finance. He didn't believe that two-story is a relevant issue on 52nd because the closest structure is a football field" away. Regarding Condition No. 28 and 30, he advised that the Council wished to see large lot sizes and variety. They have accomplished the large lot sizes, in that 90% of the lots within 200' of 52nd and 53rd and Madison, will be greater than 10,000 sq. ft. and a significant percentage of those will be greater than 12,000 sq. ft. However, if they are allowed 80' minimum, that will allow for the flexibility of having varying lot sizes and eliminating a grid pattern and allowing for staggered set-backs. The effect of the amendment would be that 90% of the lots on the perimeter would be 10,000 sq. ft. or larger, leaving the remaining 10% at a minimum of 9,000 sq. ft. PUBLIC HEARING OPEN There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 92-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENTS TO THE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 90-020. CASE NO. SP 90-020, AMENDMENT #1 STUART ENTERPRISES, LTD CRAIG BRYANT). It was moved by Council Members Franklin/Sniff that Resolution No. 92-63 that Resolution No. 92-63 be adopted incorporating the recommendations of the Planning Commission with amendments to Condition 4 to allow 25% on 52nd Ave and on Condition 28 & 30 to allow 80' lot widths and 90% to be 10,000 sq. ft.. Motion carried unanimously. RESOLUTION NO. 92-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENTS TO THE CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 26471 TO ALLOW THE CREATION OF SIX PARCELS ON A 235+ ACRE SITE. CASE NO. TPM 26471, AMENDMENT #1 STUART ENTERPRISES, LTD. It was moved by Council Members Franklin/Sniff that Resolution No. 92-64 be adopted. Motion carried unanimously. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 20 June 16, 1992 DEPARTMENT REPORTS City Manager Mr. Genovese advised that the Board of Desert Sands Unified School District wishes to meet with the Council in a Study session to tour the City the Cove) and visit potential elementary school sites. Council concurred. City Attorney Ms. Honeywell advised that the Council has received a report from her office relative to local jobs for local workers". The basic conclusion is, as a General Law City, we are bound to go with the lowest responsible bidder with the only exceptions that are allowed to be considered as promulgated by the Legislature as being for minority or women-owned firms. Council Member Franklin asked how a City would make the change from a General Law City to a Charter City and Ms. Honeywell advised that it would require, at minimum, an election. Gerald Jennings representing Local Jobs for Local Workers thanked the Council for looking into this issue. He asked that the City consider a Charter as opposed to being a General Law City. They wish for the City to enter into that Charter, that when considering construction bids, that other considerations will be looked at for the benefit of the citizens of La Quinta, i.e., that the majority of sub-contractors be from Coachella valley as well as employees being mostly permanent Coachella valley residents. He presented a petition to the Council signed by many La Quinta residents asking for a change. Administrative Services Director Mrs. Juhola advised that the Council has received a tentative summer schedule which assumes a Council meeting on August 4th. Following a brief discussion, Council concurred on meeting August 4th, but not on September 1st. The first meeting in September will be September 15th. Public Works Mayor Pena advised that he's receiving many requests for a stop sign at Eisenhower and Nogales and Mr. Speer advised that he can BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 21 June 16, 1992 take this request to the Technical Traffic Committee for review. Mayor Pena asked that the large pot hole on Tampico in front of the Civic Center be filled and Council Member Franklin advised that the one on the northeast corner of Washington and Avenue 50 also needs repair. MAYOR AND COUNCIL MEMBER ITEMS a) Council asked Mrs. Juhola to schedule a meeting with Coachella valley Recreation & Park District for July 9th at 7:00 P.M. b) Council referred to a letter received from Pony Softball League and concurred that the Sports Complex lighting should continue to be turned off at 10:00 P.M. c) Council concurred on asking staff to research to see how much was given to the last student asking for assistance and to authorize up to $500 to be given to Kelly Dammer based upon the last amount given. Council Member Franklin advised that she has received a number of calls from concerned parents about the safety of their children at school. She felt that the problem is, the parents are afraid to say anything because the children don't want them to for fear of recrimination. She wished to see the Council work with the School Board, possibly in a joint meeting where parents and can come and be heard. Council concurred on discussing this matter with the School Board during the joint study session. PUBLIC COMMENT Charles Cheetum, 54-020 Obregon, wished to clarify that the organization called Local Jobs for Local People is not affiliated with For the People'?. Deb Truax represents Coalition for Coachella valley's Unemployed, which is an off-shoot of For the People". Gerald Jennings represents Local Jobs for Local People. CLOSED SESSION a. Discussion of pending litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Company Iowa Trust b. Discussion of personnel pursuant to Government Code Section 54957. BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 City Council Minutes 22 June 16, 1992 12. CONSIDERATION OF CONTRACT SERVICES FOR INTERIM CITY MANAGER. Council Member Franklin was under the impression that the Council had agreed not to pay the next City Manager the same as the previous one and yet the amount of money in this contract is quite a bit. She asked if it was the best we could negotiate. Mr. Genovese noted that Mr. Murray had indicated that an Interim generally comes in at the same as the previous Manager in a different form), and this contract is in reaction to that, but is under the previous amount. Discussion ensued with the Council expressing concern about the pay scale for the permanent City Manager and the effect the salary for an Interim would have on that. Council agreed that they wish to pay the new Manager less than the previous one. MOTION It was moved by Council Member Franklin, seconded by Mayor Pena to approve the contract with Murray Warden for Interim City Manager services. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 92-140. There being no further business, the meeting was adjourned. Re lly submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02 BIB] 01-29-96-U01 04:47:18PM-U01 CCMIN-U02 06-U02 16-U02 1992-U02