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1992 12 15 CC Minutes LA QUINTA CITY COUNCIL MINUTES DECEMBER 15, 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: Councilmembers Bangerter, Sniff, Mayor Pena ABSENT: Councilmembers Franklin, Perkins Mayor Pena noted that Councilmember Perkins is ill. MOTION It was moved by Councilmembers Sniff/Bangerter that Councilmembers Franklin and Perkins be excused. Motion carried unanimously. CONFIRMATION OF AGENDA Ms. Honeywell, City Attorney, asked that an item be added to both the Business Session agenda and the Closed Session agenda dealing with the approval of the transfer of the cable franchise. Mayor Pena asked that Consent Item No. 2 be made Business Session Item No. 8 as he has a potential conflict of interest. Mayor Pena asked that recruitment of the City Manager to added to the Closed Session agenda under Personnel. MOTION It was moved by Councilmembers Sniff/Bangerter that discussion of the cable franchise and personnel be added to the Closed Session agenda pursuant to Government Code Sections 54956.9 and 54957 respectively, and that Consent Item No. 2 be made Business Session No. 8 and discussion of the cable franchise be added as Business Session No. 9. Motion carried unanimously. APPROVAL OF MINUTES Minutes of November 17, 1992 were approved with a correction to a typographical error on Page 17 Ordinance No. 128 should have read Ordinance 218 upon motion by Councilmember Sniff, seconded by Mayor Pena and carried with Councilmember Bangerter abstaining. Minutes of November 30, 1992 were approved as submitted upon motion by Councilmember Sniff, seconded by Mayor Pena and carried with Councilmember Bangerter abstaining. Minutes of December 1, 1992 were approved as submitted upon motion by Councilmember Sniff, seconded by Mayor Pena and carried unanimously. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 2 December 15, 1992 Minutes of December 3, 1992 were approved as submitted upon motion by Councilmembers Sniff/Bangerter and carried unanimously. ANNOUNCENENTS Mrs. Juhola noted that the City Hall Holiday Open House is Thursday, December 17th from 3:30 P.M. to 6:30 P.M. PRESENTATIONS None PUBLIC COMNENT WALLY REYNOLDS, 79-860 Fiesta Drive, advised that on Sunday, the Homeowner?s Association of Indian Springs met and more than 100 people attended. One of the issues discussed was the need to have representation by the north side on the City Council. They discussed circulation of a petition submitting a few names of people who are willing to serve if appointed. MARK 78-635 Bottlebrush, addressed the Council on the matter of Business Session No. 8 Tract 27031-1) advising that he is a member of the Board of J.F.K. Hospital, but was speaking as a citizen. He believed that this project has changed in character and commented on the environmental issues a medical complex will bring to the intersection of Washington and Ave. 47 and Washington and Highway 111. There?s traffic and noise pollution and other associated factors which do not have a revenue trade-off. He asked that the Council review and examine what this project will do for La Quinta. He asked that the entire, planned project by Desert Hospital be reviewed instead of being reviewed in phases. He expressed concern that an EIR was never prepared by the Washington square Partners as it relates to Desert Hospital's hospital and medical complex. The City gave a negative declaration to the environmental impacts based upon a plan that was primarily commercial in nature. WRITTEN CORRESPONDENCE a. Letter from Desert Protection Fund regarding Eagle Mountain Landfill. Noted and filed. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 3 December 15, 1992 BUSINESS SESSION 1. CONSIDERATION OF REQUEST FOR FINANCIAL ASSISTANCE BY THE PALM DESERT HIGH SCHOOL AZTEC SONGLEADERS. Mrs. LiCalsi, Administrative Analyst, advised that on November 2nd, the Palm Desert High School Aztec Songleaders asked for financial assistance to travel to Florida to compete in a National Competition. The Council expressed a desire to assist and issued a challenge to the other cities to also contribute. At this time, the Cities of Palm Desert and Indian Wells have each approved a $500 contribution and Rancho Mirage has it scheduled for December 17th. MOTION It was moved by Councilmembers sniff/Bangerter to approve the request by the Palm Desert High School Aztec Songleaders for $500 and allocate the money from the Contingency Reserve Account No. 01-4400-100-000. Motion carried unanimously. MINUTE ORDER NO. 92-218. 2. CONSIDERATION OF NEW CHAPTER 8.13 TO TITLE 8, BUILDING & CONSTRUCTION PERTAINING TO WATER EFFICIENT LANDSCAPING. Mr. Sawa, Principal Planner, advised that the Council has before them, a proposed ordinance relating to water efficient landscaping which is a result of AB325. This Bill requires that all cities and counties develop a water efficient landscape ordinance. The purpose of the ordinance is to establish requirements for landscaping and irrigation which will provide efficient landscape and irrigation Systems and minimize water waste. The Bill requires, that by January 1, 1993, we either have to adopt such an ordinance, or make findings based on climatic, geologic or topographical conditions or water availability that a water efficient landscape ordinance is unnecessary. In response to Mayor Pena, Mr. Sawa advised that if the Council does not adopt an ordinance by January 1, 1993, then the State?s model ordinance will take effect unless we make the necessary findings to the effect that such an ordinance is not necessary. These findings could be made in-house without the assistance of a consultant. Councilmember Bangerter asked if our water table might provide the necessary finding that this ordinance is not necessary. Mr. Sawa advised that a representative of the Water District could answer that question. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 4 December 15, 1992 Mayor Pena expressed a concern with the applicability" section noting that a single-family home would have to comply with this ordinance and Mr. Sawa advised that only a single- family home within a development would have to comply. Council concurred that the definition of single-family home" needs clarification. Mayor Pena also expressed concern about the complexity of the calculations and enforcement. Dave Harbison, of Coachella valley Water District, advised that if the Council wishes to have more time to review this ordinance, they could send a letter to the Department of Water Resources advising that the City is in the process of developing an ordinance. However, under the provision of AB325, the Department of Water Resources must have a report to the State Legislature during the up-coming session on the status of implementation of this Bill. He added that the City's draft ordinance is very close to the model ordinance, which is a good beginning point to address the issues. Mr. Genovese, Interim City Manager, suggested that the Council may wish to adopt the ordinance as presented and re-consider it at a later date for revisions. Councilmember Sniff felt that perhaps it should be introduced at this time, since it is mandated, and asked staff to come back with modifications at an early date. Councilmember Sniff asked if there is a water shortage and Mr. Harbison advised that officially, valley-wide we don't have a problem; however, within the La Quinta, Indio, and Coachella areas, we have a cone of depression that's developing in the water table. Currently, they have a drill rig in back of Lake Cahuilla trying to see if this is going to be an appropriate place to do ground-water recharge. They are actively pursuing sites in this end of the valley to improve the water table by artificial recharge. The reason we have the amount of water we have is a result of the Water District's long-term planning. Mayor Pena asked if a drop in the water isn't historical within developing areas and when development levels out, then the water table comes back up like in Palm Springs, and Mr. Harbison advised that it has leveled out in Palm Springs, but it's because of an extensive recharge program above Indian Avenue. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 5 December 15, 1992 MOTION It was moved by Councilmembers Snif f/Bangerter that Ordinance No. 220 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 8.13 TO TITLE 8, BUILDING AND CONSTRUCTION, PERTAINING TO WATER EFFICIENT LANDSCAPING. It was moved by Councilmembers Sniff/Bangerter that Ordinance No. 220 be introduced on first reading. Motion carried by the following vote: AYES: Councilmembers Bangerter, Sniff, Mayor Pena NOES: None ABSTAIN. None ABSENT: Councilmembers Franklin, Perkins 3. CONSIDERATION OF EXTENSION OF FEE WAIVER POLICY BUILDING PERMITS IN CONJUNCTION WITH PARCEL MERGER AND LOT-LINE ADJUSTMENT APPLICATIONS TO DECEMBER 31, 1993. Ms. Blodgett, Associate Planner, advised that in 1967, the Council adopted an interim policy establishing financial incentives regarding combining of residential lots in the Cove area. This program, which provides for waiver of lot-line and parcel merger fees and building permit fee waivers and waiver of 50% of the infrastructure fee expires December 31, 1992. She noted that the staff report provides a chart identifying the number of parcel mergers and lot-line adjustments since 1985. During 1992, the total waivers amounted to $6,792.01. Staff recommended that the policy be extended to December 31, 1993. Councilmember Sniff believed that the chart indicates that the long-term effect of the program is wearing-off and wondered if it?s losing value. Mr. Herman, Planning Director, advised that we normally see increases in applications during the formation of an assessment district, as the property owner receives a lower sewer assessment if parcels are merged. Councilmember Bangerter felt that it?s a good incentive and felt that it's important that we have a good mix within the Cove. Mayor Pena felt that we could do more publicity to let the BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 6 December 15, 1992 property owners know that this program exists. Audrey Ostrowsky, P.O. Box 351, La Quinta, urged the Council to extend this program as she felt that many people will take advantage of it during the next phase of the Cove Improvement Program. NOTION It was moved by Councilmembers Sniff/Bangerter to approve an extension of the fee waivers until December 31, 1993 for building permits in conjunction with parcel merger and lot-line adjustment applications. Motion carried unanimously. ORDER NO. 92-219. 4. CONSIDERATION OF ACCEPTANCE OF ART PROJECT FOR PAINTED COVE LOCATED ON THE EAST SIDE OF PARK AVENUE, SOUTH OF 50TH AVENUE. APPLICANT: MINISTRELLI CONSTRUCTION. Mr. Herman, Planning Director, advised that on November 2, 1992, the Art in Public Places Committee considered a request by Ministrelli Construction to allow a credit for an art piece to be located in their development. The Committee decided that the art piece, which is to be located behind the gate at Painted Cove on a landscaped island is visible from Park Avenue and to some extent, visible to the public when the gates are open. The Committee recommended that the Council accept this art piece at the location proposed and authorize a credit. A representative of Ministrelli Construction, presented pictures of the proposed art piece, advising that it will be lO'-12' tall and will be done in a clear acrylic which is a space-age material which aircraft canopies are made of. It's very durable and is actually bullet-proof and is resistent to wind damage and vandalism. It will rotate on a ball-bearing system. He noted that the gates will be open during day-time hours and will be lit at night and will be seen from every angle. He felt that the gates being closed at night is an advantage, as it will protect the art from vandalism. He added that Mr. Ministrelli is also encouraging each homeowner to have a piece of art on their property. Councilmember Sniff asked what is trying to be accomplished by the ordinance and Mr. Herman advised that it's an attempt to make La Quinta more beautiful. Councilmember Sniff commented that this art piece is not in a public place?' and Mr. Herman agreed, but noted that it is being protected from vandalism. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 7 December 15, 1992 Mayor Pena commented that you can see through the gates. Councilmember Bangerter asked how high the base is and Ministrelli's representative advised that there will be a 3'- 5' sculptured base before the acrylic part begins. Regarding vandalism, Ministrelli's representative advised that it can be spray-painted, but it can be cleaned off relatively easy on this particular material. NOTION It was moved by Councilmembers Sniff/Bangerter to accept the proposed art work by Ministrelli Construction Company and credit the developer with an amount equal to the cost of the sculpture including installation $15,000) and once this amount is met, fees will be collected for the balance. Motion carried unanimously. MINUTE ORDER NO. 92- 220. 5. CONSIDERATION OF RIVERSIDE COUNTY GROWTH MANAGEMENT STRATEGY. Mr. Herman, Planning Director, advised that the Western Riverside Council of Governments and CVAG have prepared the Growth Management Strategy for consideration by all cities in Riverside County and the Board of Supervisors as a response to anticipated, State-mandated regional government. Palm Desert and Indian Wells have adopted the resolution as submitted and Coachella and Indio have not yet adopted it. Rancho Mirage and Palm Springs have adopted a resolution with reservations. The City Attorney reviewed the document and had some concerns about it being legal and binding. Staff has identified four options as follows: 1. Review and file the document. 2. Table the matter and direct staff to prepare a response to CVAG identifying the concerns expressed by the Council, staff and City Attorney. 3. Adopt the resolution with modifications as outlined in the staff report. 4. Adopt the resolution as drafted. Councilmember Bangerter felt that with our growth pattern, the document has a potential of having a serious impact on the City and felt that it needs a lot of work before a decision is made. Councilmember Sniff agreed and supported Option No. 2. Mayor Pena commented that he served on this Committee for a year and knowing the issues involved with the County and the City, he too, could support Option No. 2. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 8 December 15, 1992 MOTION It was moved by Councilmembers Sniff/Bangerter to table the Growth Management strategy and direct staff to prepare a response to CVAG? with the response identifying the concerns expressed by the Council, staff and City Attorney. Motion carried unanimously. MINUTE ORDER NO. 92-221. 6. CONSIDERATION OF APPROVAL OF CIVIC CENTER CONTRACT CHANGE ORDER #31 RELATIVE TO SCULPTURE GARDEN. Mr. Reynolds, Public Works Director, advised that at the time the Civic Center was under design, the sculpture which was approved by the Council consisted of four dancing figures. subsequent to the award of the contract and prior to beginning of construction, the sculptor changed the piece by adding a fifth figure and enlarged its horizontal dimension considerably, to roughly eleven feet. As a result, the fountain in which it's to be mounted needs to be redesigned from a square configuration to a round one. An estimated cost of the change order has not been successfully negotiated. Therefore, staff is recommending that the Council allow proceeding on a time-and-materials basis at a cost not to exceed $25,000. Mr. Reynolds noted that Mr. Kennedy is donating the sculpture and the Rotary Club is paying the foundry cost. Councilmember Sniff expressed concern about this matter, as he didn't recall authorizing a change by the sculptor and felt that a significant change of this kind should have been presented to the Council for consideration. He expressed further concern about the continuing escalating cost of the Civic Center noting that $500,000 has been authorized to date in change orders. He questioned the process of authorizing change orders. Mr. Reynolds advised that the policy has been that all contract change orders in excess of $10,000 are approved by the Council, all others are approved by the City Manager. There have been 25 change orders authorized by staff averaging about $1,424. He added that we are currently at 42% of the total contract price in change orders; whereas, the State-wide average is between 3% and 5% in projects of this type. Councilmember Sniff wished to see the Council review the policy for authorizing contract change orders at a future meeting. Councilmember Bangerter asked if there is a record wherein Mr. Kennedy had authorization to make a change in the sculpture and Mr. Reynolds advised that he did not recall if it came BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 9 December 15, 1992 before the Council in a formal session, but most of the Councilmembers visited his studio and saw the wax cast of the sculpture. Mr. Genovese, Interim City Manager, asked if there are any alternatives and Mr. Reynolds advised that the sculpture cannot be changed, but we can change the way in which it?s mounted by eliminating the fountain and installing it on a concrete slab. Councilmember Bangerter wished for staff to explore alternatives before proceeding with this matter. Council concurred. NOTION It was moved by Councilmembers Sniff/Bangerter to continue the matter of the Civic Center Contract Change Order No. 31 to January 5, 1993. Motion carried unanimously. MINUTE ORDER NO. 92-222. 7. SECOND READING OF ORDINANCE NO. 219: ORDINANCE NO. 219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING FUGITIVE DUST CONTROL REQUIREMENTS FOR CERTAIN EXISTING LAND USES, CONSTRUCTION AND DEMOLITION PROJECTS. It was moved by Councilmembers Sniff/Hangerter that Ordinance No. 219 be adopted on second reading. Passed by the following vote: AYES: Councilmembers Bangerter, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Councilmembers Franklin, Perkins 8. CONSIDERATION OF APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT TRACT 27031-1 AT WASHINGTON STREET, NORTH OF 47TH AVENUE APPLICANT: BIRTCHER. Mayor Pena abstained from this issue due to a possible conflict of interest. Mr. Speer, Ass?t. City Engineer, advised that this is a phased map on the Washington Square site in which they are finalizing two of the proposed lots. This is the Subdivision Improvement Agreement, which secures and guarantees the installation of BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 10 December 15, 1992 the off-site improvements for the lots that are being finaled at this time. Ms. Honeywell, City Attorney, advised that for approval of the Final Map and Subdivision Improvement Agreement, there is no discretion in the City Council's review, if the Final Map is consistent with the Tentative Map. Barry Wolfman, Administrator of JFK Hospital and resident at 78-990 Indian Wood Ct., advised that as a hospital administrator he understands medical services. He did not believe that this project will develop in accordance with its' global plan. He commented that medical services do not draw commercial businesses as is evident by the other hospitals. Hospitals generate a great deal of traffic and noise and he didn't believe that this project has been considered in that light. He asked that the environmental impacts be considered. Harris Koenig, Associate Administrator of JFK Hospital, believed that the project originally-approved is not the project that is contemplated in the Final Map. There are substantial changes and it has already been given a negative declaration. The significant change in this project should require additional review of the impacts and mitigations in an open public forum. He further stated that the conditions of approval for Washington Square called for a noise study that was to address the noise impact of the project on proposed residential uses to the south and west and recommend mitigations. In its current form, this study will not receive Council or public scrutiny. The noise study does not take into account the effects of topography on noise transmission. He urged that the Council review the noise study and give this project further review prior to approving the Final Map. Scott Zundell, 36-736 Nancy Lane, Rancho Mirage, representing the Birtcher Group, noted that the issue before the Council is approval of a Final Map, not approval of the project it is an administerial, non-discretionary act. They have been informed by City staff that they have met all conditions. Lee Redman, representing Birtcher, 3555 Vine Street, Riverside, echoed the comments made by Mr. Zundell. He proceeded to review the history of this project and its approvals by the City. He noted that the medical complex is an approved use under the Specific Plan and as such, all of the environmental issues relative to that use were taken into consideration. He commented on the benefits of this project with the improvements they will be making to Washington, Avenue 47 and Highway 111 and Adams Street dedication. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 11 December 15, 1992 Peter Bergmann, Chief Financial Officer, Desert Hospital, commented that the action before the Council is simply a Final Map approval and found it deplorable that competitive issues are being prosecuted in the Council Chambers. Regarding the issues that have been raised, he commented that they were 98% of the way through approval on another site and then went 100% of the way through on this site with all the issues being considered again and felt that they have been watch-dogged quite well through the process. He felt that any issues should have been raised prior to this time. Mayor Pro Tem Sniff asked if everything required of the applicant has been done and Mr. Speer advised that the only thing missing is the security, otherwise all conditions have been met. Mayor Pro Tern Sniff asked for comrnents relative to the noise study and Mr. Herman advised that the noise study deals with issuing a grading permit and building permit for potential development and the matter before the Council is a Final Map. There is a noise study, which staff is about ready to accept. There is nothing else legally required in order for the Council to deal with this issue. In response to Councilmember Bangerter, Mr. Herman advised that the environmental documentation done for this project was a mitigated negative declaration. Under CEQA, the environmental impacts are analyzed, mitigations are adopted and a notice of completion is sent to the Clerk of the Board which begins a 30-day appeal period, which expired some time ago. Therefore, the environmental documentation has been certified and is unchallengeable at this time. In response to Mayor Pro Tern Sniff, Ms. Honeywell, advised that if all conditions required to record the Final Map have been met as stated by Staff, that is the standard by which to approve a Final Map. The Subdivision Improvement Agreement will provide the assurance that all of the conditions not already done will be bonded for. Issues for use of the land is not before the Council at this time. If the project is now different from the Specific Plan was approved for, then before they would be able to pull building permits, they would have to come back before the Council for an amendment to the Specific Plan. MOTION It was moved by Mayor Pro Tern Sniff, seconded by Councilmember Bangerter to approve the Final Map and Subdivision Agreement for Tract 27031-1 at Washington Street North of Avenue 47 Applicant: Birtcher. Motion carried with Mayor Pena abstaining. MINUTE ORDER NO. 92-223. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 12 December 15, 1992 9. CONSIDERATION OF APPROVAL OF TRANSFER OF CABLE FRANCHISE FROM PALMER CABLEVISION TO COLONY. Continued until after Closed Session. See Page 19. CONSENT CALENDAR 1. DEMAND REGISTER DATED DECEMBER 15, 1992. 2. MOVED TO BUSINESS SESSION NO. 8. 3. AUTHORIZATION TO RELEASE MONUMENT BOND FOR TRACT 27332 SUNRISE COMPANY AT PGA WEST. 4. ACCEPTANCE OF RIGHT-OF-WAY PARCEL ON BOTTLEBRUSH DRIVE FROM MR. & MRS. NOEL Q. LUCAS. 5. AWARD OF CONTRACT FOR FURNISHING A TORO GROUNDMASTER 72" RECYCLER 6. ADOPTION OF RESOLUTION AUTHORIZING TEMPORARY CLOSURE OF STREETS DURING THE LA QUINTA ARTS FESTIVAL MARCH 18, 1993 MARCH 21, 1993. 7. APPROVAL OF MASTER AGREEMENT AND PROGRAM SUPPLEMENTS WITH CALTRANS REGARDING TRANSPORTATION GRANT FUNDS. With regard to Item No. 7, Councilmember Bangerter questioned the effect on Phase V. Mr. speer, Ass't. City Engineer, advised that the State will give the City the money if we award a contract by June 30th. If a contract is not awarded by that date, we will not get the money and we cannot reapply for that area for three years. MOTION It was moved by Councilmembers Snif fiBangerter that the Con?ent Calendar be approved as recommended with Item No. 6 being approved by RESOLUTION NO. 92-96. Motion carried unanimously. MINUTE ORDER NO. 92-224. COUNCIL REORGANIZATION Council concurred on continuing the election of Mayor Pro-Tern to January 5, 1993. Council appointed Councilmember Bangerter to the CVAG Transportation Committee and the Coachella Valley Mountains BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 13 December 15, 1992 Conservancy on a temporary basis. NOTION It was moved by Councilmembers Sniff/Bangerter to continue the election of Mayor Pro Tern and Committee Assignments to January 5, 1993. Motion carried unanimously. MINUTE ORDER NO. 92-22?. STUDY SESSION 1. REVIEW AND DISCUSSION OF A SAMPLE TRAVEL AND EXPENSE POLICY. Mrs. LiCalsi, Administrative Analyst, advised that the Council has been presented a draft travel and expense policy based upon input provided by the Council. She proceeded to review the items which have been incorporated into the draft. She noted that prior Council approval will be required for all out-of-State, over 300 mile trips or a trip where an over- night stay is involved. However, when there is a time- Constraint is involved, then the City Manager will have the authorization to approve such a trip. Mr. O'Reilly, Finance Director, reviewed the forms being proposed Request for Travel/and or Advance" and a Travel Expense Report." Mayor Pena felt that the conference narrative" is cumbersome and suggested a written or oral report to the Council or Department Head or if a Department Head travels, then it could be included in the Items of Interest." Councilmember Sniff questioned the $30 per day for incidental on-the-road charges. He felt that $20 would be more reasonable. Mr. o'Reilly commented that it iSn't a per diem" receipts will be necessary. Councilmember Sniff also felt that there needs to be more discussion on food/alcohol. He could understand a drink with dinner, but was not supportive of people sitting around after dinner and buying drinks on public money. Regarding the mileage reimbursement, Council generally concurred that the starting point should be City Hall when going out of the Valley. In response to Councilmember Bangerter, Mrs. Licalsi advised that when Council Approval" is referred to it means the majority of the Council when convened as a quorum, as opposed to a full Council". BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 14 December 15, 1992 Regarding cancellations, Mayor Pena felt that to impose payment of registrations for cancellations on employees could present a hardship and Mrs. LiCalsi noted that those instances would be approved on a case-by-case basis. Mayor Pena felt that under air travel", the most economical fare when possible" needs to be inserted. Also, he felt that many times, you need to leave the day before in order to make an 8:00 A.M. meeting and that verbiage needs to be clarified. He also felt that personal telephone calls should read 10 minutes of personal calls" as opposed to telephone calls home". Discussion concluded to be reviewed again on January 5, 1993. DEPARTMENT REPORTS Ron Dye, Captain, Riverside County Sheriff's Department, advised that they have moved the day-laborers several times on a cooperative basis) to locations they've sent them to. Other cities which have the same problem have been contacted and they too, have had a difficult time in dealing with problem because of constitutional rights to assembly. San Clemente has dealt with it by establishing a hiring hall". Staff has drafted a flyer in Spanish and English for both the employers and the laborers encouraging them to go to the Employment Office in Indio. However, the employers don't really want to do that because they get involved in workers comp., etc. He felt that with the construction of Tampico, the problem will be eliminated. Council recessed to La Quinta Financing Authority and the Redevelopment Agency. Council recessed to 7:00 P.M. PRESENTATIONS Mayor Pena advised that Mr. & Mrs. Kirk Mullen of 51-405 Rubio were the winners of the La Quinta Beautiful Award Landscaped for Ecology for the month of November. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 15 December 15, 1992 PUBLIC COMMENT Peter Zelles, 54-767 obregon, addressed the Council on the matter of the Council vacancy and his desire to have the appointment noting that he came in third in the election. The Council needs to determine whether they wish to hear the people who wish to be appointed and whether or not a regional? appointment should be made. He felt that a *?regional" appointment would politicize the process the democratic approach in the past has been to take the next person in the election. He then commented on the comments made by the Desert Sun. He felt that the public should be spared the time and expense of an election. He hoped that the Council would seriously consider his request for appointment. Dane Hooper, 78-620 Tujunga, addressed the Council on the matter of the improvements which have been made to his area noting that it has created a significant change in traffic patterns. He commented on the removal of the stop signs at the intersection of Tujunga and Quito. This intersection handles heavy traffic and a lot of children play in or near that intersection. Therefore, he requested that the stop signs be replaced and that the Police Department be requested to enforce the appropriate ordinances at that intersection. He also believed that the growing population, with the inclusion of a church and school in the area would justify a 25-mile per hour speed limit. Council referred the matter to staff for a report back to the Council. PUBLIC HEARINGS 1. SPECIFIC PLAN gO-018, TENTATIVE TRACT 26008 & TENTATIVE TRACT 26009 FIRST ONE-YEAR TIME EXTENSION FOR A SPECIFIC PLAN TO ALLOW TWO RESIDENTIAL SUBDIVISIONS CONSISTING OF TT 26008) 15.4 ACRES INTO 14 LOTS AND TT 26009) FOR 21.49 ACRES INTO 50 LOTS AT THE NORTHEAST CORNER OF THE INTERSECTION OF 54TH AVENUE AND MADISON. APPLICANT: VISTA DEVELOPMENT/BOB PIPPEN. Ms. Blodgett, Associate Planner, presented staff report outlining the location, density and zoning of the tracts in question. The Planning Commission has reviewed the requested application for extension and has recommended approval with a modification to a condition requiring the construction of an equestrian trail along the east side of Madison Street in lieu of the meandering sidewalk. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 16 December 15, 1992 The Mayor declared the PUBLIC HEARING OPEN. ROBERT PIPPEN, 55-020 Shoal Creek, La Quinta, Owner/Developer of the property was present to answer any questions. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 92-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR SPECIFIC PLAN 90-018 AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT 90-163. CASE NO. SP 90-018 FIRST EXTENSION OF TIME VISTA DEVELOPMENT COMPANY. It was moved by Councilmembers Sniff/Bangerter that Resolution No. 92-97 be adopted as recommended. Motion carried unanimously. RESOLUTION NO. 92-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 26008 AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT 90-163. CASE NO. TT 26008 FIRST EXTENSION OF TIME VISTA DEVELOPMENT COMPANY. It was moved by Councilmembers Sniff/Bangerter that Resolution No. 92-98 be adopted as recommended. Motion carried unanimously. RESOLUTION NO. 92-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 26009 AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT 90-163. CASE NO. TT 26009 FIRST EXTENSION OF TIME VISTA DEVELOPMENT COMPANY. It was moved by Councilmembers sniff/Bangerter that Resolution No. 92-99 be adopted as recommended. Motion carried unanimously. 2. TENTATIVE TRACT 24774 REQUEST FOR FIRST, ONE-YEAR EXTENSION OF TIME FOR A TRACT WHICH CREATES 118 SINGLE FAMILY LOTS ON 40 ACRES IN THE R-1 ZONE LOCATED AT THE NORTHWEST CORNER OF 54TH AVENUE & MADISON ST. APPLICANT: VISTA DEVELOPMENT CO. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 17 December 15, 1992 Mr. Herman, Planning Director, was present to answer any questions. The staff report is on file in the City Clerk?s Office. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the HEARING WAS CLOSED. RESOLUTION NO. 92-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL DETERMINATION AND APPROVING A ONE-YEAR EXTENSION OF TIME FOR PREVIOUSLY-APPROVED TENTATIVE TRACT 24774 TO ALLOW THE CREATION OF A 119-SINGLE FAMILY LOT SUBDIVISION OF A + 40 GROSS ACRE SITE. CASE NO. TT 24774, FIRST EXTENSION OF TIME VISTA DEVELOPMENT COMPANY. It was moved by Councilmembers sniff/Bangerter that Resolution No. 92-100 be adopted as recommended. Motion carried unanimously. 3. CONSIDERATION OF ACTIONS RELATING TO APPLICATION SUBMITTED BY EFP CORP. ED CARNES) FOR JEFFERSON SQUARE LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET: A. SPECIFIC PLAN 92-022 TO ESTABLISH DEVELOPMENT STANDARDS FOR A FUTURE SHOPPING CENTER PROPOSED FOR THE NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET. B. PLOT PLAN 92-490 TO DEVELOP A 267,275 SQ. FT. COMMERCIAL SHOPPING CENTER ON A PORTION OF A 23+ ACRE SITE. THE SITE IS VACANT AND ZONED CPS COMMERCIAL. C. ENVIRONMENTAL DETERMINATION. Mr. Trousdell, Associate planner, presented a site plan advising that the project before the Council is an off-price shopping center at the northwest corner of Jefferson St. and Highway 111. There are two frontages 1/8 mile on Jefferson and 1/4 mile on Highway 111. He then described all of the surrounding land uses and traffic patterns. There will be access to the Center from Jefferson Street via a driveway aligned with Vista Grande and a second driveway will be permitted to the south of Vista Grande, but will be a right- turn in only driveway. On Highway 111, there will be one entrance into the center. He noted that the building located at the northeast corner of the site is planned as a movie theater. He then reviewed. the architecture advising that the buildings are single-story, but some have two-story features. He noted that the project is in an image corridor and will have to meet those standards, which includes an enhanced intersection at Jefferson and Highway 111. The applicant BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 16 December 15, 1992 wishes to use exposed neon on the outside of the main building along the top of the building parapet, which created a great deal of discussion by the Design Review Board and Planning Commission. However, it was approved for use on Buildings C, F and G and on the sides of the building which face the primary parking lot and shall be mounted in a recessed Stucco channel to be approved by both the Design Review Board and Planning Commission. Councilmember Bangerter referred to the comments made by the Fire Department and asked how those concerns have been mitigated. Mr. Trousdell advised that the Specific Plan shows the water system which the developer has discussed with the C.V.W.D. There will be on-site hydrants and there will probably be sprinkler systems inside the buildings. Regarding the manning issue, that's a separate issue which will be addressed by the Council during contract review. Councilmember Bangerter questioned why the applicant desires to use neon lighting and Mr. Trousdell advised that once the center is fully developed, there will be limited windows of opportunity along Highway 111 to view the center it's primarily an architectural feature which they hope will lend an attraction to their project. Mayor Pena commented on the access to Building G if it is going to be a movie theater. He felt that the turning movement on Jefferson appears to be dangerous and Mr. Herman noted that it is proposed to be signalized. Councilmember Sniff questioned the distance between the signalized drive at Vista Grande and Highway 111 and Mr. Trousdell advised that it's 750'. Councilmember Sniff agreed that the drive poses a danger with the dip so close by. He and Mayor Pena agreed that the access from Jefferson needs further thought. Mayor Pena asked if the uses for Buildings G and A could be switched, as the theater would then have a better circulation pattern. Discussion ensued about closing the median break on Jefferson and making it a right-turn-in and right-turn-out, but it was pointed out that the people who live on Vista Grande would object to that. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 19 December 15, 1992 Mayor Pena continued to feel that if the uses were changed, it would make traffic less intense on the northeast portion of the site. Councilmember Sniff felt that the buildings need more architectural accents, perhaps more of a spanish look. The Mayor declared the PUBLIC HEARING OPEN. ICHAEL HURST, P.O. Box 1362 Palm Desert, Architect for the project, advised that the developer would like to have the Specific Plan approved so that he can continue to market the project. Currently, the applicant concurs with the recommended conditions. Mayor Pena asked if they have considered moving Building G and Mr. Hurst advised that originally, Building G was attached to the main building. He noted that they are locked in with trying to line-up the driveway with Vista Grande. Councilmember Sniff asked if there's something that can be done to accent the architecture and Mr. Hurst reviewed the architecture advising that the original plan was much more contemporary and almost art-deco, but the direction was to include a little more traditional architecture. Councilmember Sniff preferred to original orientation with the building complex generally to the north and the west and leaves the other side much more open. He also wished to see more architectural definition. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. Councilmember Sniff wished to see this matter continued and ask the applicant to take the Council's comments into consideration and make some modifications. Mr. Herman advised that the applicant is asking that the Specific Plan be approved subject to conditions and that they go back to the Design Review Board and Planning Commission and City Council. That way, they have the conditions they need to work with. Ms. Honeywell, City Attorney, advised that with talking about the uses and the massing of the buildings, those are major matters which should not be given such a conditional approval. If the Council wishes to specify uses, then the Specific Plan is place to do that. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 20 December 15, 1992 Council concurred on continuing this matter to January 19, 1993 and in the interim re-process the application through the Design Review Board and Planning Commission. MOTION It was moved by Councilmembers Snif fiBangerter that the matter of Specific Plan 92-022 be continued to January 19, 1993 and direct staff to proceed working with the developer to attempt to satisfy the concerns expressed here and go back to Design Review Board and Planning Commission. Motion carried unanimously. MINUTE ORDER NO. 92-226. 4. CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT EA 92-240), CHANGE OF ZONE 92-072 AND TENTATIVE TRACT 27613 FOR CHANGE OF ZONE FOR 446 ACRES FROM R-1*++10,000 AND R- 2*20,000 TO R-2 MULTIPLE FAMILY) AND 19.4 ACRES FROM H-C 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/Bangerter that the public hearing on applications by J. Burton Gold be continued to January 19, 1993. Motion carried unanimously. MINUTE ORDER NO. 92-227. CLOSED SESSION a. DiscusSion of potential litigation pursuant to Government Code Section 54956.9 Transfer of Cable Franchise from Palmer Cablevision to Colony Council reconvened to regular session. BUSINESS SESSION continued........ 9. CONSIDERATION OF APPROVAL OF TRANSFER OF CABLE FRANCHISE FROM PALMER CABLEVISION TO COLONY. Ms. Honeywell, City Attorney, advised that she is filing a copy of the report from the Citys Consultant concerning the proposed requested transfer of the cable franchise from Palmer to Colony. The report was prepared by Telecommunications Management Corporation and is basically supportive of the transfer, noting a few aberrations that were found in other BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 21 December 15, 1992 cities that may be something we may wish to look into. The proposed action before the Council is a combination of a resolution which would approve the transfer as well as a second amendment to our cable license agreement. She believed that in negotiating this proposed transfer agreement that the City will be in a very good position in the sense that they are taking Palmer's existing franchise which still has a number of years to go and we will have the opportunity to re- negotiate within a two-year period of time, a totally new franchise with Colony. We have also been able to negotiate within a six month period of time after this is approved, the opportunity to do any investigations into the past Palmer operations to determine whether there are any discrepancies in how we believe the franchise to be operating and how it's actually been operating and Colony has agreed to make good any discrepancies that may be found. They have also agreed to pay the City's reasonable costs which we will be incurring in doing the re-negotiation of the franchise. STEVE MERRITT, representing Palmer Cablevision, advised that this process has been longer than two years and during this time, they have been managed by Colony and noted that they have a very long-term view of the business. He also commented on the improvements which have already been made noting that we are one of only five communities in the State undergoing a fiber to the feeder" system, which Palmer would not have been able to do without Colony's assistance. MICHAEL ISAACS, representing Providence Journal, advised that they are looking forward to operating in La Quinta. He noted that Providence Journal is a 165 year old newspaper company. They are a conservatively managed company that has long history of solid operations and solid financial strength. RESOLUTION NO. 92-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND AMEND?ENT TO CABLE LICENSE AGREEMENT AND CONSENTING TO THE TRANSFER AND ASSIGNMENT OF THE CABLE FRANCHISE. It was moved by Councilmembers Sniff/Hangerter that Resolution No. 92-101 be approved as recommended. Motion carried unanimously. DEPARTMENTAL REPORTS Mrs. Juhola reminded the Council of the tour of the Civic Center on Thursday.morning at 9:00 A.M. BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 City Council Minutes 22 December 15, 1992 Mrs. Juhola advised that if Council desires, interviews for Community Services Commission will be scheduled for the next Study session. Council concurred. Regarding the appointment to the Library Advisory Committee, Council concurred that interviews are not necessary, but the applicants should be advised of the fact that the appointment will be on the next agenda. Mr. Genovese advised that staff is working on the final draft of the Capital Improvement Program which they are anticipating presenting to the Council in a special meeting at 3:00 P.M. on January 11th the same day as the public hearing on Phase V of the Cove Improvement Project. CLOSED SESSION continued.... a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Company Iowa Trust b. Discussion of potential litigation pursuant to Government Code Section 54956.9(a) Coachella Valley Joint Powers Insurance Authority Settlement Decision c. Discussion of negotiations pursuant to Government Code Section 54956.8 Potential acquisition of properties located adjacent and between Saguaro Drive and Bottlebrush Drive Yessayian Family d. Discussion of personnel pursuant to Government Code Section 54957 Discussion of recruitment of City Manager Council reconvened to regular session with no action being taken. There being no further business, the meeting was adjourned. Res ctfully submitted, $)?AuNDRA L JUHOL,City Clerk City of La Quinta, California BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:47:30AM-U01 CCMIN-U02 12-U02 15-U02 1992-U02