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1991 07 02 CC MinutesM LA QUINTA CITY COUNCIL MINUTES JULY 2, 1991 Regular meeting of the La Quinta City Council was called to order by Mayor Pena, at the hour of 3:00 P.M., followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger 5:30 p.m.), Rushworth, Sniff and Mayor Pena ABSENT: Council Member Franklin It was moved by Council Members Sniff/Rushworth to excuse Council Members Bohnenberger and Franklin. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Consent Items 7 and 8 be removed from the Agenda and Mrs. Juhola advised that Consent Item No. 1 should read Minutes of June 18th, rather than June 4th. ANNOUNCEMENTS None WRITTEN COMMUNICATIONS None BUSINESS SESSION 1. CONSIDERATION OF AUTHORIZATION TO DEMOLISH AN UNSAFE AND DANGEROUS SINGLE FAMILY STRUCTURE LOCATED AT 51-275 CALLE QUINTO, APN 769-142-008-5. Mr. Whelchel, Code Enforcement Officer, presented staff report and presented slides of an unsafe and unsightly structure at 51-275 Calle Quinto. He advised that this structure has been a continuing problem since September 1990 and repeated abatement notices which were sent to the property owner have had little or no results. Staff asked for authorization to demolish the structure based on it being unsafe and unsightly. In response to questions by Council Member Sniff, Mr. Whelchel advised that in his opinion, the structure has no significant value only salvage value. e added that there is no reason to expect the property owner to bring the property up to code in the foreseeable future. Mr. Rirdler added that the bids for the demolition work ranged from $4,300 to $8,900. In response to Council Member Sniff, Ms. Honeywell advised that more than the normal due process has been given the property owner. BOB HARGREAVES, Attorney with Best, Best & rieger, 39-700 Bob Hope Drive, requested a two-week continuance, advising that he first received a request to represent Mr. Fahardi this afternoon. A continuance would allow him time to consult with the 8uilding Department and attempt a resolution to this BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 2 July 2, 1991 matter. He believed that the structure does have value. Mayor Pena commented that Mr. Fahardi has had since last September to resolve the matter and asked why there has been no response to the Building Department?s letters and notices. Mr. Fahardi advised that he has talked to Mr. Hartung many times. He is currently building a home on Tampico and Quito which will be completed in a couple of months, at which time, he plans to begin remodel of this structure. He believed that the house and land are currently worth about $118,000. Council Member Rushworth asked when the house was last occupied and Mr. Fahardi advised about a year and a half ago. Mr. Fahardi advised that about four months ago, he had a dumpster On Site and cleaned out the inside of the house, but did not work on the landscaping. In response to Mayor Pena, Ms. Honeywell advised that she could look into bonding to insure the cost of demolition if remodeling isn?t undertaken. Mayor Pena stated that the only way he could support a continuance is there being some work done on the property i.e., the landscaping taken care of and the building secured with boarding; and only a short continuance. Council Member Rushworth supported the resolution and recommendation submitted by staff. MOTION It was moved to authorize staff to proceed with the demolition of the single family residence located at 51-275 Calle Quinto anytime after July 31, 1991 provided a solution acceptable to City Staff is not agreed to, in writing, by the property owner. Mr. Whelchel stated that staff would like to see a requirement that the building be secured and landscaping cleaned-up. Mayor Pena seconded by motion. Council Member Sniff and Mayor Pena agreed that the structure must be secured and cleaned?up within a week or the building will be demolished immediately. Discussion ensued with Council concurring that the property should not be fenced. Motion was amended as follows: RESOLUTION NO. 91-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF AT 51-275 CALLE QUINTO. BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 3 July 2, 1991 It was moved by Council Member Sniff, seconded by Mayor Pena that Resolution No. 91-52 be adopted and placed into effect anytime after July 31, 1991 provided a solution acceptable to City Staff has not been agreed to, in writing, by the property owner. And further, that it be understood that within a week the building will be secured and cleaned-up. Motion carried on the following vote: AYES: Council Members Sniff, Mayor Pena NOES: Council Member Rushworth ABSENT: Council Members Bohnenberger, Franklin 2. CONSIDERATION OF EXTENSION OF LEASE AGREEMENT WITH LA QUINTA CHAMBER OF COMMERCE FOR PROPERTY LOCATED AT 51-351 AVENIDA BERMUDAS. Mr. Kiedrowski advised that this agreement, which is for the Chamber's offices, provides for a one-year lease with a possible extension as opposed to the previous two-year lease. MOTION It was moved by Council Members Sniff/Rushworth that the ground lease with La Quinta Chamber of Commerce be approved. Motion carried unanimously. MINUTE ORDER NO. 91- 105. 3. CONSIDERATION OF AGREEMENT WITH HARRIS & ASSOCIATES FOR CIVIC CENTER BIDDABILITY/CONSTRUCTABILITY REVIEW. Mr. Reynolds recommended that the Civic Center plans be submitted to Harris & Associates for a biddabilityl constructability review. This kind of review can save time and money during the course of construction. In response to Council Member Sniff, Mr. Reynolds advised that Gruen Associates are not bonded as far as their plans are concerned. He advised that this kind of review is a common procedure in these kinds of projects. MOTION It was moved by Council Members Sniff/Rushworth that an agreement be authorized with Harris Associates for biddability/constructability review of the Civic Center plans. Motion carried unanimously. MINUTE ORDER NO. 91-106. 4. CONSIDERATION OF CONTRACT WITH RIVERSIDE COUNTY FIRE DEPARTMENT FOR FIRE PROTECTION SERVICES. Eric vogt, Eastern Division Chief, with Riverside County Fire Department, advised that the Department has a long history in the City of La Quinta and felt that the two stations in the City do an excellent job of providing fire protection. On April 5th, they submitted a proposal to the City to phase in fire protection costs over a four-year period. Because of the County budget and Board direction, they are being required to recover the cost of protection in the cities that aren't BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 4 July 2, 1991 paying their fair share, as they're faced with closing stations. They are asking for either a contract signed, or a letter of intent, or they will be faced with reducing services to the City of La Quinta, which will probably result in the PGA West Station being operated on a volunteer basis only. He added that this contract is no different from what is being submitted to other cities. In response to questions by Council, Mr. vogt advised that anytime the engines in town roll to a spot not within the City, it always remains protected right now they have a draw-down of two fire engines in town anytime one leaves town, another one comes in. He added that there are no plans to down-staff ermuda Dunes station. In further response, Mr. vogt advised that the County is not obligated to provide fire services in the City and the County is providing more services than what the City is paying for. He advised that it's costing the County $863,320 to provide fire services which results in a shortfall of $575,648. The 25% being requested amount to $143,912. In response to Council Member Sniff, Chief Vogt advised that the additional $143,000 is going to enable the City to maintain their existing level of service. Discussion ensued regarding the fact that Bermuda Dunes will continue to receive the same level of service with Mr. Kiedrowski advising that he and the County Officials have a different philosophy regarding the fact that the citizens of La Quinta and incorporated areas are paying the same in fire taxes and he believes they should receive the same level of service. Ms. Honeywell stated that she would like an opportunity to review the proposed contract in detail as she has an initial problem with obligating future years funds. Council Member Sniff questioned staf f?s recommendation and Mr. Kiedrowski commented that based on the City's election regarding a fire tax, fire protection is not a high priority with the citizenry. Most.calls appear to be non-fire, but rather medical emergencies. He added that he believes there needs to be a system developed that can be monitored and audited annually similar to that of the Sheriff's Department. Chief vogt advised that they are authorized to accept a letter of intent to contract which will allow a short time to work out some of the details. Ms. Honeywell stated that a letter of intent would not obligate the City. Council Member Sniff suggested that a letter of intent be authorized and take another look at the situation and see what BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 5 July 2, 1991 we can work out. He didn't wish to do anything capricious that would put us in jeopardy at all and would show good faith. MOTION It was moved by Council Members Sniff/Rushworth to instruct the City Attorney to draft a letter of intent for the City Manager's signature regarding the possibility of entering into an agreement with the Riverside County Fire Department. Motion carried unanimously. MINUTE ORDER NO. 91-107. 5. SECOND READING OF ORDINANCES: 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. Council Member Sniff questioned the reason for a second reading of an urgency ordinance" and Mr. Kiedrowski advised that this has been his procedure for several years it's his belief that a second reading which provides a citizen to express their opposition to it for thirty days. In response, Ms. Honeywell saw no real problem with a second reading to provide double coverage" the only problem is it could cause is to cloud the effective date of the ordinance. It was moved by Council Members Sniff/Rushworth that Ordinance No. 189 be passed on second reading. Motion carried by the following vote: AYES: Council Members Rushworth, Sniff, Mayor Pena NOES: None ABSENT: Council Members Bohnenberger, Franklin CONSENT CALENDAR 1. APPROVAL OF MINUTES OF JUNE 18, JUNE 10 AND 11, 1991. 2. APPROVAL OF DEMAND REGISTER. 3. APPROVAL OF PARCEL MAP AND IMPROVEMENT AGREEMENT FOR PARCEL 25865 ONE ELEVEN LA QUINTA CENTER. 4. APPROVAL OF PARCEL MAP 26710 FOR DIVISION OF TWO PARCELS INTO THREE ON SOUTH SIDE OF PALOMA AT WASHINGTON APPLICANT: A & M CONSTRUCTION. 5. APPROVAL OF WAIVER OF FILING FEES FOR PUBLIC USE PERMIT APPLICATION APPLICANT: LA QUINTA ARTS FOUNDATION. BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 6 July 2, 1991 6. ADOPTION OF RESOLUTION APPROVING AND ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH LA QUINTA EMPLOYEES ASSOCIATION AND APPROVAL THAT SUCH PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING BE GRANTED TO ALL OTHER CITY EMPLOYEES WHICH ARE NOT MEMBERS OF THE ASSOCIATION. 7. REMOVED. 8. REMOVED. MOTION It was moved by Council Members Sniff/Rushworth that the Consent Calendar be adopted as recommended. Motion carried unanimously. MINUTE ORDER NO. 90-108. RECESSED TO REDEVELOPMENT AGENCY MEETING STUDY SESSION DEMONSTRATION OF THE EMERGENCY RADIO BY THE OFFICE OF EMERGENCY SERVICES. 2. DISCUSSION OF A PROPOSED GROUND COVER/LANDSCAPING ORDINANCE IN THE VILLAGE AT LA QUINTA. Mr. Herman advised that this ordinance is intended to improve the aesthetics of The Village as well as keep the dust down. The Council has the option of making the program mandatory or else have the City do the plantings and water periodically. Discussion ensued regarding the difficulty in providing water and the type of ground cover that would not require maintenance. Mr. Kiedrowski also commented on the possibility of enacting this through the Redevelopment Agency. Council preferred a volunteer program rather than mandatory. AUDREY OSTROWSKI, P.O. Box 351, La Quinta addressed the Council and talked about the location of the bike paths as she felt that they should have been located in The Village Mr. Herman advised that he will complete development of the program and bring the matter back to the Council at the first meeting in September. 3. DISCUSSION OF REQUESTED IMPROVEMENTS IN THE YUCATAN PENINSULA. Council concurred on instructing staff to scrape the streets and apply a dust palliative to them at an estimated cost of $9,920. He added that Tarmac has agreed to do the work since they currently have the equipment in the Cove. This procedure will last until September when the Water District will begin work in the area. BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 7 July 2, 1991 4* DISCUSSION OF PROPOSED FUNDING SOURCES BY LAFCO. Council concurred that a letter be written to all the cities in Riverside County; CVAG to Solicit their input regarding LAFCO's letter. COUNCIL COMMENT None PUBLIC COMMENT None Council Member Bohnenberger joined the meeting at this time. ADJOURNED TO CLOSED SESSION a. 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 District Attorney Case Re: Individual cited on a bridge. b. Discussion of on-going litigation pursuant to Government Code Section 54956.9 a) City of Indio Indio Case No. 62944 Fredericks FA CV91-3l7AHS c. Discussion of personnel pursuant to Government Code Section 54957. d. Discussion of negotiations pursuant to Government Code Section 54956.8 La Quinta Arts Foundation Property Lease. e. Discussion of potential acquisition of commercial property on Highway ill pursuant to Government Code Section 54956.8. PUHLIC HEARINGS 1. ANNUAL REPORT AND LEVY OF ASSESSMENTS LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT 89-1 AND PLACEMENT OF ASSESSMENT ON 1991/92 TAX ROLLS. Mr. Reynolds advised that Mr. Dan York of BSI is available for questions. PUBLIC HEARING OPEN Audrey Ostrowski, P. 0. Box 351, La Quinta, addressed Council stating that the residents in the lower Cove should not be paying an Assessment for Landscape and Lighting when the value of the homes are going down, whereas the areas that have new roads, sewers and landscaping are going up in value. PUBLIC HEARING CLOSED Mr. Kiedrowski advised that no correspondence has been received regarding this matter. He added that some of the BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 8 July 2, 1991 first landscaping and maintenance work done is a piece of Eisenhower in the most lower section of the Cove. DAN YORK, Consultant, advised that the majority of the assessment in the Cove area has been to provide for the installation and maintenance of landscape and lighting along major thoroughfares. In response to Council Member Sniff, Mr. York advised that deficient and surplus funds which are budgeted, but not expended are carried over to the next year. In response to Council Member Bohnenberger, Mrs. Honeywell advised that this kind of action requires a majority vote. Council Member Bohnenberger felt the raise in the assessment was too high, but the public has spoken rather eloquently that they are happy with what the City is doing in regards to landscaping and lighting. Council Member Sniff advised that this is a relatively small increase for the broad community benefit that will be derived from it. RESOLUTION NO. 91-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 1991-1992. It was moved by Council Members Sniff/Rushworth to adopt Resolution No. 91-54 as amended. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 2. TENTATIVE TRACT 26853 DIVISION OF 19 ACRES LOCATED NORTH OF AVENUE 50, APPROXIMATELY 1/2 MILE WEST OF MADISON INTO 52 SINGLE FAMILY LOTS AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: A & H. DESERT PROPERTIES. Mr. Herman presented staff report describing the location of this Tract advising that it is a 12,000 sq. ft. lot subdivision with a density of 2.7 dulacre. The Planning Commission has recommended City Council approval of Tentative Tract 26653 subject to conditions. There were two letters received opposing the project, citing that the density of the project was too high. STEVE ROBBINS 76-365 Via Caliente, Engineering Services, representing the applicant stated that they concur with the conditions recommended by the Planning Commission. BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 9 July 2, 1991 PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF TENTATIVE TRACT 26853 TO ALLOW THE CREATION OF A CUSTOM HOME LOT SUBDIVISION ON A 19.3 ACRE SITE. It was moved by Council Member? Sniff/Bohnenberger that Resolution No. 91-55 be approved. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 3. SPECIFIC PLAN 87-011, AMENDMENT #1 AND VESTING TENTATIVE TRACT MAP 27031 TO ALLOW A MIXED USE DEVELOPMENT CONSISTING OF A MIX OF RETAIL, OFFICE, COMMERCIAL SERVICE, ENTERTAINMENT AND RESTAURANTS AND CREATION OF 47 LOTS ON 6?.4 ACRES BOUNDED BY HIGHWAY 111; ADAMS; 47TH AVENUE; WASHINGTON; AND SIMON DR. AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: BIRTCHER WASHINGTON SQUARE). Mr. Herman presented staff report advising that Specific Plan 87-011 was originally approved in 1969. The concept was a retail, restaurant, office, hotel and a cineplex. The new developer, Birtcher/washington Sq. is attempting to amend the original Specific Plan and also to file a vesting tract map. He displayed the Tract Map describing the internal road system, and the signals being requested. The Planning Commission reviewed the project on June 25th and amended some of the conditions and recommended approval of the Specific Plan and vesting Tract Map Subject to conditions. In response to Council Member Bohnenberger, Mr. Herman advised that the tract has been conditioned to provide reciprocal easements and parking so that it will be developed as an overall retail complex. In response to Council Member Bohnenberger, Mr. Herman advised that there aren't any minimum lot sizes or setbacks in the CPS zone. This provides more flexibility to sell one or two lots to a particular developer who then can merge two lots and build their commercial project. The Specific Plan is the master plan development scheme for this project and it would have to be adhered to. The lot subdivision does comply with the master plan specific plan for the development of the property. The lots would have to be merged in order to have a major development built on the lots. BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 10 July 2, 1991 LEE REDMAN, representing the Applicant, addressed Council advising that the Specific Plan was changed to allow for planning areas rather than having the specific plan relate to a fixed plot plan. The subdividing was planned to allow for larger parcels in the center of the project to provide parcels for the majors, not knowing at this point in time exactly how they would wish to be oriented, but at least having the ability to move some lot lines and/or to merge some lots to create the parcels necessary. The parcels along Highway 111 and Washington reflect more of pad situations for restaurants or service stations. Certain large retail users desire to own their property rather than lease from the Developer. Provisions have been made in this project to have the flexibility to sell parcels off to users. The Specific Plan has been fashioned around a number of planning areas and the uses have been generally established so that when a Specific Plan area plan is brought in as the project is being phased then the traffic trips generated by the uses within the planning areas will then be calculated and subtracted from the total number of maximum trips allowed so that they basically developed the balance of property out to control the maximum number of trips to be generated by the site when it is fully developed. Council Member Bohnenberger felt that it tends to indicate and encourage strip commercial development along the Highway 111 corridor, which the Council has stated they do not want. He could see fifteen buildings being built along Highway Ill with all of the parking on the interior and Mr. Redman advised that that is not the intent. The frontage parcels would basically be pad locations for restaurants, banks, service stations, and those types of uses rather than continuous buildings with in- line shops from a typical strip stand-point. Council expressed concern over the number of small lots shown on the map. Mr. Kiedrowski advised that the uniqueness about this project is that the applicant has asked for a vesting map, which will be the first vesting commercial map the City has processed. STEVE ROBBINS, Project Engineer, advised that when staff was approached with a rough layout of the tentative map, the first layout was 7 lots and each lot conformed to the planning areas that are in the Specific Plan and staff level did not want this done. Staff came back and basically encouraged them to go into more lots. There was concern from certain members of the staff that if it was broken up into big areas this would allow the Developer to sell big areas separately. Mrs. Honeywell advised that the difference between a vesting tentative map and a regular tentative map is that a regular tentative map, until the developer actually finals the map, any changes in the Specific Plan would be applicable to the project, whereas with a vesting tentative map, their right to build is frozen in time as far as conditions on a Specific Plan or other general development standards so that control BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 11 July 2, 1991 over the project is just what is set in place now as far as zoning and planning. The only thing that can be increased is general fees. Should Council have any concerns with respect to whether there is enough control on this Specific Plan as it is currently written in developing a project which appears to be premature in the sense that they don't yet have a really concrete proposal. Mr. Redman asked that Council consider the Traffic Study which recommends a full-movement, signalized intersection at Washington and Lot E. The original Specific Plan always contemplated a full-signalized intersection at that point. Mayor Pena advised that this would be difficult to do, not knowing what kind of commercial development is going to be developed. PUBLIC HEARING OPEN LLOYD ZOLTAN, 9375 Archibald, Rancho Cucamonga, addressed Council advising that each of the individual planning areas will require separate site plans which will go through staff and Planning Commission review. This map provides the ability to provide individual lots subject to the site plan through lot merger and lot line adjustments as opposed to requiring coming back with seven different maps over a period of time. The City does have full control over the site plans that will come with each individual area as it is phased over time. Regarding traffic circulation, they have attempted to eliminate left-turn movements, to the extent possible at Washington and Highway 111. PUBLIC HEARING CLOSED In response to Council Member Bohnenberger, Mr. Herman advised that each phase will come back to Council and will have to be developed as a whole. Council Member Bohnenberger stated that he didn't want to see 15 small stores come in and want to develop along Highway 111 with the parking in the rear of the building. He was concerned that several years from now, the project owner, Council and staff could change and what would prevent them from coming in with five buildings? one on each lot and say that was the intent? He felt that the size of the lots would indicate that the City would favorably look upon that type of development if the Council approves the lot layout presented. Mayor Pena stated that he was concerned with the vesting of tentative tract map and with some of the traffic patterns going in and out of there. He felt that some of the issues raised are far to complex to solve this evening. Council Member Sniff concurred, adding that he has concerns with the traffic; level of service; sees nothing but c's" and d's', adding that this is an entrance into a major part of BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 12 July 2, 1991 the City. He expressed concern with the 47 lots and the vesting of the map. Council Member Rushworth questioned that if Council approves the project, what would the City be locked into. What latitude does the City have to change this plot layout and Mr. Herman advised that there would be no latitude. Council Member Bohnenberger stated that he would feel more comfortable going back to the seven larger parcels and dealing with each one as a whole and adding that he shares the concern on the traffic signal on Washington noting that it's the only access into the Cove and if signals are approved at every request it will take half an hour to get from Fred Waring into the Cove at 5:00 P.M.. Mr. Herman reviewed all of the approved and proposed signals for Washington Street between Fred Waring and Avenue 52. Mayor Pena suggested continuing the matter, sending it back to staff asking that some work be done on the matters that Council discussed tonight. Mr. Herman advised that the applicant has requested a two week continuance. MOTION It was moved by Council Members Sniff/Bohnenberger that this matter be continued until July 16, 1991. Mrs. Honeywell advised that she has not reviewed the Specific Plan for this area with this amendment, in the context of it being applied to a vesting tentative tract map and advised that her office should review the item. Motion carried unanimously. MINUTE ORDER NO. 91-109. Council recessed for 5 minutes. 4. ZONING TEXT AMENDMENT 90-018 AMENDMENT TO CHAPTER 9.160 OF THE MUNICIPAL CODE REGARDING OFF-STREET PARKING AND CHAPTER 9.90 TO PERMIT MITIGATION PAYMENTS TO PARKING SPACE DEFICIENCIES IN THE VILLAGE ZONING DISTRICT. Mr. Herman presented staff report advising that the amendment before the Council would permit mitigation payments for parking space deficiencies only within The Village Zoning. Two variances have previously been approved one for the Burns Building and one for the Mielle Building. They did not have enough parking on Site, so we entered into an agreement requiring them to pay a certain amount of money for a certain period of time, to go into a Parking District and ultimately parking spaces would be provided. This amendment would add that section to the zoning ordinance to allow flexibility within The village commercial. Mayor Pena suggested that incentives be considered in The BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 M City Council Minutes 13 July 2, 1991 Village area to waive the parking mitigation fees if they develop within a certain time frame. Mrs. Honeywell advised that possibly the Agency could have the ability to enter into an agreement with a particular developer and make the payment to the City. PUBLIC HEARING OPEN AUDREY OSTROWSKI, addressed Council advising that she is opposed to the location o? the bike path. She felt that it should run to downtown. LOUIS CAMPAGNA, P. 0. Box 1286, addressed Council advising that he will be submitting a project next week and he will be three spaces short which will cost him between $5,000 and $10,000 according to City Staff. He felt that if a business has curb-side parking that it should count toward the requirement. Mayor Pena concurred and advised that a parking policy is needed and is being addressed. Council Member Sniff stated that he agrees and hopes that this issue can be addressed promptly. Mr. Kiedrowski advised that if Council wishes to move into this issue, he asked that it be noted that when the parking standards were developed in accordance with the National Parking guidelines, these guidelines assume that there was going to be on-street parking. Mayor Pena felt that we need some kind of incentives to offer developers that are ready to go. PUBLIC HEARING CLOSED MOTION It was moved by Council Members Sniff/Rushworth to take up Ordinance No. 190 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING CHAPTER 9.160 AND CHAPTER 9.90 OF THE MUNICIPAL CODE TO PERMIT MITIGATION PAYMENTS FOR PAR?ING SPACE DEFICIENCIES IN THE VILLAGE ZONING. It was moved by Council Members Sniff/Rushworth that Ordinance No. 190 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena. NOES: None ABSENT: Council Member Franklin ABSTAIN: None BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02 MCity Council Minutes 14 July 2, 1991 PUBLIC COMMENT COUNCIL COMMENT ADJOURNM?NT It was moved by Council Members Sniff/Bohnenberger to adjourn the meeting. Motion carried unanimously. Re?ctfully submitted, JUHOLA, City Clerk City of La Quinta, California BIB] 02-08-96-U01 04:16:51PM-U01 CCMIN-U02 07-U02 02-U02 1991-U02