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1991 06 18 CC Minutes4 LA QUINTA CITY COUNCIL MINUTES JUNE 18, 1991 Regular meeting of the La Quinta City Council was called to order, Mayor Pena presiding, followed by the Pledge of Allegiance. PRESENT: Council Members ohnenberger, Rushworth, Sniff & Mayor Pena ABSENT: Council Member Franklin It was moved by Council Members Bohnenberger/Sniff to excuse Council Member Franklin. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Kiedrowski requested that Consent Item No. 3 be removed from the Consent Calendar, as there is a pending lawsuit and add Study Session Item No. 3 discussion of improvements in the Indian Springs area and Study Session Item No. 4 discussion of a traffic control device at Tampico and Rondo. Mrs. Juhola advised that Business Session No. 5 should be a Resolution action and Public Hearing Item No. 1 should be a Minute Order action. MOTION It was moved by Council Members Sniff/Bohnenberger to modify the agenda as requested. Motion carried unanimously. Council Member Sniff requested that Consent Calendar Item No. 11 be acted on as Business Item No. 3A. PRESENTATIONS Presentation of Employee of the Month Award for May Stan Sawa Mayor Pena presented the Employee of the Month" award for the month of May to Stan Sawa who is a Principal Planner in the Planning Department. ANNOUNCEMENTS None WRITTEN COMMUNICATIONS a. Letter from Florence Alley expressing the need for a crosswalk on Avenida Bermudas at either Calle Estado or Avenida Montezuma. Mayor Pena advised that this has been discussed and he has reviewed the recommendation made by the Technical Traffic Committee which would be to provide stop signs at both Montezuma and Calle Estado. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 2 June 18, 1991 In response to Mayor Pena, Mr. Reynolds advised that in looking at The village Plan the ultimate idea was to discourage through traffic in the village. The City could put an angular crosswalk from the Bank over to the Black Gold gas station. A stop sign at Estado in front of the Post Office would result in elimination of some parking spaces in front of the Post Office. The key to providing crosswalks is to install stop signs. Mr. Reynolds recommended that if the Council wishes to proceed with stop sign(s) or crosswalks, that advance warning to the residents be given. Council Member Bohnenberger concurred on the need for a four- way stop there. Council Member Sniff requested that a little more thought be given before installing stop signs. Mr. Kiedrowski advised that the Public Works Department could install warning devices like flashing lights to alert the residents that the stop signs are there. MOTION It was moved by Council Members Rushworth/ Bohnenberger to install stop signs at the intersection of Bermudas/Montezuma/Estado and any warning signs that are applicable. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 91-92. BUSINESS SESSION 1. CONSIDERATION OF ANNUAL CONTRACT WITH LA QUINTA ARTS FOUNDATION. Mr. Kiedrowski presented staff report advising that the report shows work that has been completed by the Foundation this past year along with their budget and the proposed contract which is basically the same as last years and calls for a $40,000 contribution. MEG ROBERTSON, Executive Director, advised that the Foundation has enjoyed their relationship with the City Council and Staff and look forward to continuing this relationship in the future. The Foundation is currently making plans for the 10th Anniversary Arts Festival which corresponds with the 10th Birthday of the City of La Quinta. Both organizations have accomplished a great deal in the last 10 years and they're looking forward to celebrating these accomplishments together. MOTION It was moved by Council Members Bohnenberger/Sniff to approve the Agreement. Motion carried unanimously. MINUTE ORDER NO. 91-93. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 3 June 18, 1991 2. PRESENTATION AND REVIEW OF BUILDING PLANS FOR LA QUINTA ARTS FOUNDATION?S NEW FACILITY. JOHN WALLING, reviewed the site plan and building plans advising that the building is approximately 6000 sq. ft. with a westerly orientation. He noted that there are tentative discussions regarding a possible museum. In response to Council Member Sniff, Mr. walling advised that the building does have overhang in the form of windows that are recessed 2 1/2 similar to the Civic Center. Continued until July 16, 1991 for further discussion. 3a. REPORT OF PLANNING COMMISSION ACTION VARIANCE #9l-O1? LOCATION OF AN 8'6" WALL ON 50TH AVENUE FRONTAGE OF TENTATIVE TRACT 26524 LOCATED ON THE SOUTH SIDE OF 50TH AVENUE BETWEEN PARK AVENUE AND JEFFERSON STREET. APPLICANT: THE STROTHER COMPANIES. STAN SAWA, Principal Planner, addressed Council advising that the project before Council consists of 44 custom, single family lots on Avenue 50 between Park Avenue and Jefferson. The Variance is for a perimeter wall along Avenue 50. In order to comply with the noise study that's required for all residential projects, the Developer has to put up a wall which is 7 1/2 feet as measured from top of curb to top of wall. In this situation the applicant is intending to keep the citrus trees throughout the project. The Planning Commission has approved the Variance. Normally, a 6 foot high block wall is the maximum allowed. In some places, the wall goes as high as 9.64' in height because there are areas where the existing grade of the citrus trees is lower than street curb. The applicant is intending to landscape in addition to the citrus tree along the entire frontage of 50th Avenue. In response to Council Member Sniff, Mr. Sawa advised that each project on major arterials are required to do their own noise study. He added that this will be straight wall with some raised planters. CHUCK STROTHER of The Strother Companies addressed Council and advised that the same noise engineer was used that did the project to the west for the reason that he would have all the data and it would be consistent. Over 900 trees were saved on the property that have set the grade" for virtually everything. The only reason the wall goes to 9 1/2 feet is because one area has a 2-foot depression behind the sidewalk and the wall footing for retention basin. The wall runs between two solid rows of mature citrus trees. Everywhere on the project, every other tree was taken out. The trees are an average of 16 feet. Along Avenue 50 both outside and inside the wall, the trees are left at 16 ft. centers. After the work is done, the skirts of the trees are allowed to grow back BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 4 June 18, 1991 down to the ground. The wall will be virtually screened by the trees. The wall will be fully landscaped. In response to Mayor Pena, Mr. Strother advised that the height of the housing along Avenue 50 will vary. Two homes are approved for second story, but currently there is only one house that?s already planned which is a single-story ranch house which is 21' high. The citrus trees will hide the view of the home. Council Member Sniff commented that he is concerned that the main streets are becoming tunnels without tops. Mayor Pena agreed and Council concurred on asking that the matter of perimeter walls be discussed in the General Plan up- date meetings. MOTION It was moved by Council Members Bohnenberger/ Rushworth to approve Variance 91-015. Motion carried unanimously. MINUTE ORDER NO. 91-94. 3B. CONSIDERATION OF ADOPTION OF AMENDMENT TO CHAPTER 11 OF THE MUNICIPAL CODE REGARDING GRAFFITI REMOVAL AS AN URGENCY MEASURE TOM HARTUNG, Building & Safety Director, addressed Council advising that staff recommends adoption of the graffiti removal ordinance as an urgency ordinance. In response to Council Member Bohnenberger, Mr. Hartung advised that the graffiti must be removed within 3 days. Council Member Sniff commented that he would prefer 5 days, because 3 days would be an extremely brief amount of time to react and take care of covering the graffiti. Mr. Kiedrowski advised that there was some staff discussion with Council and the reason for the short time is that it has been noticed that once graffiti occurs, it has a tendency to accumulate quickly. Staff would like to see it kept as short a time as possible. Mr. Hartung advised that in most cases where graffiti has a tendency to occur, the City would ideally have the releases prior to the graffiti being put on the wall. Once it is noticed, it can be covered the next day in cases where the City has releases. Three days is short, but the option is available for the City to paint over the graffiti for the property owner. Council Member Bohnenberger stated that he favored as short a time period as possible. In response to Council Member Bohnenberger, Mr. Hartung BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 5 June 18, 1991 advised that cedar fencing and slump stone fencing will be more difficult to deal with the slump stone will have to be sand-blasted. Mr. Kiedrowski advised that in due time, the City will be buying sand blasting equipment that is mounted on the back of a truck and will run off a compressor. In response to Mayor Pena, Mr. Hartung advised that the paint will be matched as close as possible. In places that are hit continuously by graffiti, the paint could be kept in stock. In response to Mayor Pena, Mr. Hartung advised that it States in the Ordinance if they are caught in the act, the City will be reimbursed. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that the Ordinance is set up authorizing the City staff or its' agent to make inspections and take action. If at a later date it's decided that the City wants to use an organization, it could be designated by the City as its' Agent for that purpose. Mr. Kiedrowski felt that the intent is good, perhaps in some of the natural areas, like rocks or concrete in the flood control areas, it could work. The problem is with liability and supervision of the kids. In response to Mayor Pena, Ms. Honeywell advised that there is another section in the municipal code, which provides for reimbursement. MOTION It was moved by Council Members sniff/Bohnenberger that the Graffiti Ordinance be considered as an urgency ordinance. Motion carried unanimously. MINUTE ORDER NO. 91- 95. MOTION It was moved by Council Members sniff/Bohnenberger to take up Ordinance No. 189 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 189 AN URGENCY ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 11.73 RELATING TO GRAFFITI REMOVAL. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 6 June 18, 1991 NOTION It was moved by Council Members Sniff/Rushworth that Ordinance No. 189 be adopted as an urgency ordinance. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 4. CONSIDERATION OF AWARD OF BID FOR GRADING CONTRACT FOR CIVIC CENTER SITE. FRANK REYNOLDS, City Engineer, addressed Council advising that eight bids for grading of the Civic Center site were received. The low bid was submitted by Nuevo Engineering from Bermuda Dunes in the amount of $159,145.00. In response to Council Member Sniff, Mr. Reynolds advised that included in the bid is a separate line item for dust control. In response to Council Member Sniff, Mr. Reynolds advised that seeding the grounds has not been contemplated at this time. Magnesium chloride will be used to maintain dust control and will not harm any potential seeding of the ground. Notion It was moved by Council Members Bohnenberger/ Rushworth to award the Civic Center Grading Contract to low bidder Nuevo Engineering in the amount of $159,145.00. Motion carried unanimously. MINUTE ORDER NO. 91-96. 5. CONSIDERATION OF CERTIFICATION OF THE PROJECT BUDGET, CITY FUNDING COMMITMENT, SUPPLEMENTAL FUNDS AND APPLICATION FOR MATCHING FUNDS FOR LIBRARY CONSTRUCTION PROJECT. Mr. Reynolds advised that the Resolution before the Council is similar to the one adopted last January regarding the library grant. This is the second cycle of funding and it has to stand on its own. RESOLUTION NO. 91-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING THE PROJECT BUDGET, CITY FUNDING COMMITMENT, SUPPLEMENTAL FUNDS AND APPLICATION FOR MATCHING FUNDS FOR LIBRARY CONSTRUCTION PROJECT. MOTION It was moved by Council Members Sniff/Bohnenberger to adopt Resolution No. 91-47. Motion carried by the following vote: BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 7 June 18, 1991 AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 6. CONSIDERATION OF AGREEMENT WITH GRUEN ASSOCIATES FOR DESIGN SERVICES FOR SENIOR CENTER FACILITY. Mr. Kiedrowski presented staff report advising that this agreement basically provides a scope of services to provide conceptual phase. In response to Council Member Sniff, Mr. Kiedrowski advised that the estimated cost is $19,000 plus reimbursable expenses. The reimbursable expenses include travel, meals & hotels. The time period for completing this phase is estimated at 45 to 60 days. NOTION It was moved by Council Members Sniff/Bohnenberger to approve the agreement with Gruen Associates for the Senior Center and authorize the appropriate City Official to sign the Agreement. Motion carried unanimously. MINUTE ORDER NO. 91- 97. 7. CONSIDERATION OF ADOPTION OF PRELIMINARY OPERATING BUDGET FOR 1991/92 FISCAL YEAR. TOM GENOVESE, presented staff report advising that this is a formality of adopting the preliminary budget by minute motion. The Landscape and Lighting Maintenance District?s budget will be added to it following the public hearing. MOTION It was moved by Council Members Sniff/Rushworth to adopt the preliminary budget and direct staff to proceed with finalization of the Budget for approval on July 16, 1991. Motion carried unanimouSly. MINUTE ORDER NO. 91-98. 8. CONSIDERATION OF IMPLEMENTATION OF DEED OF TRUST AND PROMISSORY NOTE FOR ASSESSMENT/HOOK-UP FEE SUBSIDY PROGRAM. Mr. Kiedrowski presented staff report advising that there is a representative from Rosenow Spevacek Group, Inc. available for questions. NANCY MADRID, Rosenow Spevacek Group, Inc. addressed Council advising that this is almost identical as past programs with the exception that it provides for expansion in terms of the documentation required. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 8 June 18, 1991 In response to Mayor Pena, Mrs. Madrid advised that two properties in the program have been sold and a third property owner elected to repay the City for her subsidy directly. The two owners of the properties that have been sold are being pursued to obtain repayment. In response to Mayor Pena, Mrs. Madrid advised that due to the recording of the covenant, you could not go back and re-record to have the deed restrictions be retroactive. RESOLUTION NO. 91-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE REVISIONS TO THE ASSESSMENT/HOOK-UP FEE SUBSIDY PROGRAM FOR THE FURNISHING OF ASSISTANCE FOR AFFORDABLE HOUSING. MOTION It was moved by Council Members Sniff/Rushworth to adopt Resolution No. 91-48. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 9. CONSIDERATION OF APPOINTMENT OF TWO MEMBERS TO THE PLANNING COMMISSION. MOTION It was moved by Council Members Bohnenberger/Sniff to appoint Marian Ellson to the Planning Commission for a three year term. Motion carried unanimously. MINUTE ORDER NO. 91- 99. MOTION It was moved by Council Members Bohnenberger/ Rushworth to have Mrs. Dowd remain as Planning Commissioner until reconsideration at the first meeting in September. Council Member Sniff stated that he would rather bring the vote back sooner as he didn't like extending terms. He stated he would like to see the motion withdrawn and consider the vacancy at the next meeting. Council Member Bohnenberger stated that he did not wish to withdraw his motion. Motion failed to carry with Council Member Sniff and Mayor Pena voting NO. MOTION It was moved by Council Member Sniff/Mayor Pena to place the appointment of the vacancy on the Agenda for the July 2nd meeting. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 9 June 18, 1991 Motion failed to carry with Council Members Bohnenberger/ Rushworth voting NO. Mrs. Honeywell asked for direction from Council. Mr. Kiedrow?ki advised that this will be discussed at staff level and brought back to Council. 10. CONSIDERATION OF APPOINTMENT OF THREE MEMBERS TO THE DESIGN REVIEW BOARD. MOTION It was moved by Council Members Sniff/Rushworth to appoint Paul Anderson, John E. Curtis and Fred Rice to the Design Review Board for full three-year. terms. Motion carried unanimously. MINUTE ORDER NO. 91-100. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF JUNE 4, 1991. 2. APPROVAL OF DEMAND REGISTER. 3. REMOVED 4. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS IN TRACT 24230/26152 AND AUTHORIZATION TO RELEASE BONDS LAKE LA QUINTA. 5. APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TRACT #24197 A 234 SINGLE FAMILY RESIDENTIAL LOT SUBDIVISION ON 74+ ACRES ON THE WEST SIDE OF JEFFERSON STREET BETWEEN FRED WARING DRIVE AND MILES AVE. APPLICANT: TRIAD PACIFIC DEVELOPMENT CO. 6. ACCEPTANCE OF PROJECT NO. 89-2 PHASE II OF THE COVE IMPROVEMENT PROJECT AND AUTHORIZATION TO FILE NOTICE OF COMPLETION. 7. APPROVAL OF OUT-OF-STATE TRAVEL FOR ADMINISTRATIVE SERVICES DIRECTOR FOR CONTINUING EDUCATION PROGRAM IN DENVER, COLORADO, 8. ADOPTION OF RESOLUTION SUPPORTING THE THERMAL AIRPORT MASTER PLAN AND ENVIRONMENTAL IMPACT REPORT. 9. APPROVAL OF AUTHORIZATION FOR RE-CLASSIFICATION OF ENGINEERING AIDE TO DEPARTMENT SECRETARY IN THE ENGINEERING DEPARTMENT. 10. APPROVAL OF CONTRACT CHANGE ORDER NO. 4 FOR ASSESSMENT DISTRICT NO. 90-1. 11. ACTED ON AS BUSINESS ITEM NO. 3. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 10 June 18, 1991 12. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 91-458 BUILDING ADDITION TO TWO STORY EXISTING OFFICE BUILDING LOCATED AT 51-370 AVENIDA BERMUDAS APPLICANT: ROBERT BARNES. MOTION It was moved by Council Members Sniff/Mayor Pena to approve the Consent Calendar as amended with Item Nos. 5 and 8 being approved by Resolution No. 91-49 and 91-50. Motion carried unanimously. MINUTE ORDER NO. 91-101. STUDY SESSION ITEMS 1. REVIEW OF PROPOSED CONTRACT WITH RIVERSIDE COUNTY FIRE DEPARTMENT AND REPORT ON PROPOSED COUNTY-WIDE FIRE PROTECTION DISTRICT. Eastern Division Chief, Eric Vogt advised that the Supervisors have stated that there may be cuts within those cities which do not approve the contract, or to those who don't pay their fair share. Mr. Kiedrowski advised that staff will continue to study this issue and encouraged the Council to give it thought and watch what is happening in other cities with their attempts to levy a fire tax. In response to Mayor Pena, Chief Vogt advised that the Cove Communities; Temecula; and Moreno valley have signed the contract; and Canyon Lake indicated that they are going to sign. Re added that what they have signed is the same one presented to La Quinta. 2. DISCUSSION OF A PROPOSED GROUND COVER/LANDSCAPING ORDINANCE IN THE VILLAGE AT LA QUINTA. Continued until July 2, 1991 study Session. 3. DISCUSSION OF IMPROVEMENTS IN THE INDIAN SPRINGS AREA REGARDING STREETS. Mr. Kiedrowski advised that staff is working on a quitclaim deed which can be given to each property owner to submit to the City. The City Engineer will be looking over the plans to determine if any changes are needed. Council concurred in directing staff to proceed with all deliberate haste. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 11 June 18, 1991 4. DISCUSSION OF A TRAFFIC CONTROL DEVICE AT TAMPICO AND RONDO. Mr. Reynolds advised that this has been acted on by the Technical Traffic Committee and they have recommended against the installation of a 4-way stop. Mr. Reynolds advised that Lt. Dye stated at the Technical Traffic Committee that his officers would observe the area. Mayor Pena asked that this come back to Council on a periodic basis. REPORTS AND INFORMATION ITEMS a. Planning Commission Minutes of Nay 14 and May 26, 1991. b. CVAG Committee Reports DEPARTMENTAL REPORTS a. City Manager b. Assistant City Manager C. City Attorney d. Administrative Services Director e. Building and Safety Director f. Planning and Development Director g. Public Works Director COUNCIL COMMENT None PUBLIC COMMENT None RECESS TO REDEVELOPMENT AGENCY MEETING CLOSED SESSION Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Concerns Regarding Environmental Review of New Palm Springs Redevelopment Agency Project Area; SB 2557; Potential de-annexation issues with Coachella Valley Recreation and Park District. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) City of Indio, Indio Case No. 64944; Fredericks, Indio Case No. 64112. Discussion of personnel pursuant to Government Code Section 54957. Discussion of negotiations pursuant to Government Code Section 54956.8 La Quinta Arts Foundation Property Lease. Discussion of Land Acquisitions Pursuant to Government Code Section 54956.9(a) Bowerman Property, 51-740 Eisenhower Drive. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 12 June 18, 1991 MOTION It was moved by Council Members Sniff/Rushworth to add Business Session Item No. 12 Approval of Memorandum of Understanding with the La Quinta Employees Association for 1991/92. Motion carried unanimously. MINUTE ORDER NO. 91-102. RECESS UNTIL 7:00 P.M. PRESENTATION OF LA QUINTA BEAUTIFUL AWARDS FOR MAY MOST BEAUTIFUL: Mr. & Mrs. David Caygill, 54-985 Tecate MOST IMPROVED: Mr. & Mrs. Ignacio & Monica Valencia, 77-175 Durango PUBLIC HEARINGS 1. PLOT PLAN 91-457 APPEAL OF PLANNING COMMISSION DENIAL TO ALLOW CONSTRUCTION AND OPERATION OF A 10,000 SQ. FT. DANCE NIGHTCLUB AND FUTURE BUILDING IN C-P-S- SCENIC HIGHWAY COMMERCIAL) ZONE ON A 4.5 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET EXTENDED). APPLICANT: J. PAUL SMITH. STAN SAWA, Principal Planner, presented staff report and advised that the Planning Commission has recommended denial of Plot Plan 91-457 by unanimous vote and the applicant has appealed that decision. The proposal is for a 10,000 sq. ft. nightclub on a 4.5 acre site map displayed) located at the southeast corner of Highway 111 and Adams Street. He described the architecture as a contemporary style structure. The applicant has submitted an extensive report package which describes the proposed uses. The facility is described as an upscale dance nightclub and the applicant anticipates that it would be utilized by the Community for charitable events, private/social/political functions. In addition to the nightclub portion, there will be a large dance floor and bar. The Planning Commission reviewed a number of items in their deliberation, such as correspondence from the Riverside County Sheriff's Department, sufficiency of the proposed food service, potential future use of the building, marketability of the project, potential criminal activities and conformance with the General Plan and proposed Highway 111 Specific Plan. The Design Review Board reviewed the project with regards to the building architecture and landscaping and recommended approval. The Planning Commission denied this project based on the findings as listed in the staff's report. Mr. Sawa advised that if the Council wishes to support the action of the Planning Commission, there is one additional finding they may wish to include, which is a determination that there are already a sufficient number of similar uses in the City to service the Community. These uses are located in hotels or shopping centers or other larger complexes, which the City feels is more desirable. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4 City Council Minutes 13 June 18, 1991 The applicant has submitted to Council the letter of appeal which describes in detail the reason he is appealing this decision. Since the Planning Commission's action, the City has received letters from the La Quinta Chamber of Commerce and Julie Rogers supporting the project. J. PAUL SMITH, Applicant, advised that there are four main issues at the base of the Planning Commission action as follows: 1) the compatibility of the proposed use in relation to uses currently allowed under Governing Law; 2) the marketability of the project as it is currently proposed; 3) the safety and security of the community as a result of this operation; and 4) the food plan and how it plays a role in relation to serving alcoholic beverages. He stated that steps can be taken to assure the City that the market does exist and that their food plan is appropriate and that this development will not impose a risk on the community substantial enough to forbid its' existence. He advised that there is nothing he can do about the size of the parcel, which is 4.5 acres. An option for a joint venture with neighboring parcels does not exist. However, as the parcels around him develop, this parcel would become a part of the larger project. If City Council is in agreement with the Planning Commission in that parcels under 20 acres are not allowed to be developed and would be inconsistent with policy framework established for the development of the Specific Plan on Highway 111, then there is no reason to go forward with this project. He believed that the safety and security program has been addressed properly noting that it has been approved by the Riverside County Sheriff's Department, so their concerns have been mitigated. This project would create in excess of 53 jobs and would set a standard for construction and landscape design in the area and will have no impact on the circulation of traffic on Highway 111. PUBLIC HEARING OPEN The following individuals spoke in favor of the project: MARK SCOTSHELL, 78-595 Bottlebrush MIKE WILLIAMS, 46-441 Roadrunner Lane JOHN ELLIE, 52-805 Mendoza JOHN OWENS, 50-965 Calle Paloma JIM JACKSON, 52-855 Avenida Diaz JOHN CUMMINGS, 78-670 Avenida La Torres KATHY OWENS, 50-965 Calle Paloma BRAD LAGDALE, 55-427 Wingsfoot West TONY HARVEY, 78-675 Sagebrush HERB PACHMAN, 48-250 Calle Florista JAIME ARBRUSTER, 51-850 Avenida Morales GEORGE SANCHEZ, 52-445 Avenida Velasco SANDRA HILL, 52-915 Eisenhower DENISE BROADHEAD, 53-395 Avenida Bermudas DAVID JONES, 555-403 Riviera Drive JOHN PARDUNE, 52-080 Avenida Alvarado BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 14 June 18, 1991 ANY VAIL, 52-880 Avenida Mendoza JACK ABELS, P. 0. Box 1416, addressed Council asking that this item be deferred until a full Council is in attendance. Mayor Pena advised that the Council Members who are not present have requested that this item be continued. Council Member Sniff felt that Mr. Smith is entitled to a decision promptly. BILL STORM, Wilma Pacific, addressed Council and advised that Wilma Pacific is developing 281 lots on Adams and 47th Avenue directly across the street from the proposed project and they oppose the project. PAUL SMITH stated that he agrees with Mr. Abels that this project should be addressed by all five Council Members, but advised that the land costs are a significant amount and expressed concern at waiting for all five members to be present. He also stated that he understands the concerns of Wilma Pacific, but advised that the building will be 1,000 feet from any homes and the sound will not be a factor. A sound study is a condition of approval and will be performed. PUBLIC HEARING CLOSED Mr. Kiedrowski advised that he spoke to Council Member Franklin before the meeting and indicated that she may not be back until August and would like to participate in the discussion. Mayor Pena advised that Council Member Bohnenberger also indicated a desire to take part in this issue as it is a significant project along Highway 111. Council Member Sniff advised that he supports business and business activities, which the City wants and needs. He waS not sure that any of the findings are substantive enough to vote against the project. He asked how much evidence a person needs to provide to prove that a project is going to be successful. It seems there are a number of people present who are in support of this project. La Quinta needs businesses and diversity. He advised that the specific plan is non- existent. The concerns of Wilma Pacific regarding the noise that would be generated can be addressed. The City is still in the formation stage and needs diversity. He could not see where this project would in any significant way, be harmful or detrimental to the City of La Quinta and/or its residents. In response to Council Member Rushworth, Mr. Smith advised that Captain Doyle's original opinion was not based upon a total understanding of the project. With a complete review and planned security, he no longer opposes it. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 15 June 18, 1991 In response to Council Member Rushworth, Mr. Smith advised that the operating plan currently reflects an in season" $15 charge at the door and commonly an average drink price of about $4 and a private membership entry/seating fee would adjust to $10 in season" and $5 in the off season". An annual membership fee of $1,000 is also planned. Council Member Rushworth commented that he would hope that this could be continued until the other Council Members are present. Mayor Pena advised that he agrees with some of the comments of Council Member Sniff in that this Council is not here to make a market analysis. Council is here to make a business decision and what fits best in the City. Although the project is very nice, he added that he has problems with the way it is situated, but those things may be able to be worked on. Maybe for that reason alone, we could sit down and generate some comments from staff, and the applicant and further commented that Council Member Franklin felt very strongly about speaking on this subject as well as Council Member Bohnenberger. Ms. Honeywell advised that she had some concerns about continuing this matter until September and added that she would prefer a date sooner. She felt that if there is a feeling that Council may wish to approve the project, they may want to either return it to staff or Planning Commission to prepare some conditions of approval. Up to this point all the recommendations relate to denial of the project. Regarding a continuance, from a legal perspective it should be continued for only another two meetings with more information to come. Council Member Sniff advised that he would like to see this decided and would support a two-week continuance. Mayor Pena advised that he agrees with Council Member Sniff, but feels there are a few things staff needs to look at and the other Council Members felt strongly about making comments on this project. Mrs. Honeywell advised that it could go back to staff and the absent Council Member could submit her comments and have it put into record as public comment. Council Member Sniff stated that in the interest of compromise, he would be willing to continue it to the second meeting in July, but no longer and would not support sending it back to the Planning Commission. The staff can work with the applicant and hopefully make some modifications to gain support for this project. Mayor Pena concurred with not sending it back to the Planning Commission. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 16 June 18, 1991 Mr. Kiedrowski advised that staff would need to prepare the normal conditions of approval. If the applicant will execute a contract with the Sheriff's Department to provide Off-duty Officers, then that contract should be prepared and brought forward. MOTION It was moved by Council Members Sniff/Rushworth to continue the hearing on Plot Plan 91-457 until July 16, 1991 and further, that materials which have been indicated, and staff feels appropriate be developed during the interim period. Motion carried unanimously. MINUTE ORDER NO. 91-103. 2. TENTATIVE TRACT 26769 DIVISION OF 20 ACRES LOCATED WEST OF MONROE APPROXIMATELY 1/2 MILES SOUTH OF 54TH AVENUE INTO 14 SINGLE FAMILY LOTS EACH 1.25+ ACRES IN SIZE. APPLICANT: QUALICO DEVELOPMENT Mr. Sawa presented staff's report advising that the request is for subdivision of 20 acres into 14 custom single family lots. Twelve of the lots would be 1.25 acres in size and two would be 1.31 acres in size. The circulation element indicates development of one cul-de-sac. It would contain private streets with a carded vehicular gate. This project is located within Annexation No. 5. The Planning Commission reviewed this request at their meeting of May 26th, and recommended approval with conditions. During the hearing, two nearby property owners spoke expressing concern about being able to continue keeping the horses they currently stable. The City has received a letter from Mrs. Dorothy Pepper, which is attached to staff report, indicating she is in favor of a lower density project and is concerned about losing the real character of the neighborhood. In response to Mayor Pena, Mr. Sawa advised that basically, Sunline's requirements are for a pull-Out and a bus shelter. However, Sunline does not currently serve the area and the Commission felt that since this is a relatively small project there would be other opportunities and other locations to locate a bus shelter. He also advised that it is anticipated that this would eventually be part of the bike path and are being required to install an 8-foot sidewalk. In response to Mayor Pena, Mr. Sawa advised that there is a possibility for some sort of bonding mechanism that would allow the City to defer the sidewalk requirement until development on both sides have occurred. Mr. Sawa clarified that the applicant is not intending to allow horses on this property. Mr. Kiedrowski advised that if Council indicates their desire to have the sidewalk deferred and secured with bonding, that condition will be modified. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 17 June 18, 1991 In response to Mayor Pena, Mr. Sawa advised that he did not believe that deceleration and acceleration lanes along Monroe Street had been considered. GREG SHEEHAN, 74-596 Peppertree Drive, Palm Desert, addressed Council representing Qualico and advised that they are aware of the strong desire of the neighbors for the equestrian overlay and they do not object to it. PUBLIC HEARING OPEN ROBERT COLE, 54-721 Monroe, Thermal, addressed Council advising that his property is located immediately north of the project and as stated at the Planning Commission, he complimented the Developers for the larger lots. He favored the project, but expressed concern about the zoning that was placed on his property when he was annexed into the City. He has a horse operation and is currently not in compliance with City zoning restrictions. He advised that Mr. Herman has assured him that the matter will be resolved within three years, but does not want to wait due to the large investment in his property. Mr. Kiedrowski advised that staff has taken note of his concern regarding his rights and they will be brought to the General Plan consultants who will be working on the General Plan up-date. Regarding Mr. Cole's concerns about the wall, it will not be an integrated common wall or fence unless it is so specified in the conditions. Mayor Pena advised that Conditions No. 11, 12 and 13 deal with the walls, fencing, screening, and landscaping and the wall will come back for review under this condition. Mr. Sawa suggested a condition requiring a six-foot block wall around the perimeter of the property, which would eliminate any questions in the future. Mr. Kiedrowski advised that staff will add Condition No. 52 which clarifies the wall requirement. PUBLIC HEARING CLOSED RESOLUTION NO. 91-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF TENTATIVE TRACT 26769 TO ALLOW THE CREATION OF A CUSTOM HOME LOT SUBDIVISION ON A 20 ACRE SITE. MOTION It was moved by Council Members Sniff/Rushworth to adopt Resolution No. 91-50 amending Condition No. 43 and adding Condition No. 52. Motion carried by the following vote: BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4City Council Minutes 18 June 18, 1991 AYES: Council Members Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Members Bohnenberger & Franklin ABSTAIN: None COUNCIL RECESSED FOR TWO MINUTES COUNCIL RECONVENE PUBLIC COMMENT NANCY & DANIEL AGUAYO, 54-585 Avenida Rubjo, addressed Council regarding an improperly constructed block wall with an exposed footing, which has passed inspection by the City's Building Department. They have hired an engineering firm, Southland Geotechnical who have stated that it is an unsafe wall. She then reviewed the history of this matter. In response to Mayor Pena, Mrs. Aguayo advised that she does not think that this is their responsibility and further stated that the wall was passed by the City with the incorrect footing. Mr. Kiedrowski advised that Council may want to review the file in detail and have it brought back to the Council with a full report. Mayor Pena advised Mr. & Mrs. Aguayo that this would be scheduled for a future Council agenda. 3. REVIEW AND PUBLIC COMMENT ON PRELIMINARY DRAFT OF THE SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT. A representative from C.H.2M HILL, made a slide presentation with regards to reducing the waste stream as mandated by the provisions of AB 939. There was no public comment. Mayor Pena advised that another public meeting would be scheduled in the fall. COUNCIL COMMENT None BUSINESS SESSION...................................continued 12. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA EMPLOYEES ASSOCIATION. Mr. Kiedrowski presented a draft of the MOU between the LQEA and the City and recommended approval. BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02 4 ig Mr. Genovese and Mr. Kiedrowski explained the revised PERS program, which is referred to as 2% at 55 as opposed to the current 2% at 60. MOTION It was moved by Council Members Sniff/Rushworth that the Memorandum of Understanding between the City of La Quinta and the La Quinta Employees Association be approved. Motion carried unanimously. MINUTE ORDER NO. 91-104. ADJOURNMENT It was moved by Council Members Sniff/Rushworth to adjourn to the joint meeting with the Planning Commission on June 25, 1991 at 7:00 P.M. at the La Quinta Middle School. Motion carried unanimously. Res?ctf?l1y submitted, DRAL?A, City Clerk City of La Quinta, California BIB] 02-08-96-U01 04:11:45PM-U01 CCMIN-U02 06-U02 18-U02 1991-U02