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1991 11 19 CC Minutes LA QUINTA CITY COUNCIL MINUTES NOVEMBER 19, 1991 Regular meeting of the La Quinta City Council was called to order at the hour of 7:00 P.M., Mayor Pro Tern Rushworth presiding. Pledge of Allegiance followed. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff ABSENT: Mayor Pena MOTION It was moved by Council Members Franklin/Sniff to excuse Mayor Pena. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Consent Item No. 11 also be added to the RDA Consent Calendar; add discussion of a possible Development Agreement with the Heritage; and legal issues regarding the gravel pit to the RDA Closed Session. MOTION It was moved by Council Members Sniff/Bohnenberger that the changes as offered by Mr. Kiedrowski be added noting that the need to take action arose after the posting of the agenda. Motion carried unanimously. Council Member Franklin asked that Consent Item No. 13 be made Business Session No. 7; and Council Member Sniff asked that Consent Item No. 10 be made Business Session No. 8. WRITTEN CORRESPONDENCE a. Letter from City of Arcadia regarding restoration of adequate funding for the State Department of Alcoholic Beverage Control. Mr. Kiedrowski presented some background advising that the proposed cuts could mean closure of the valley's Alcoholic Beverage Control Board Office, making the nearest one in Riverside. No action was taken. b. Letter from Mayors Against Illegal and Child Pornography". Referred to the City Attorney for report. c. Petition of property owners in the area known as The Yucatan Peninsula" regarding undergrounding of utilities. Mr. Kiedrowski advised that the property owners in this area are asking the City to investigate the possibility of BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 2 November 19, 1991 undergrounding utilities. They are willing to pay a special assessment to cover the costs. He asked that the matter be referred to staff for a report back on the costs. Council concurred on referring the petition to staff for report back. BUSINESS SESSION 1. ADOPTION OF RESOLUTION APPROVING THE SALE, EXECUTION AND DELIVERY OF $8,515,000 PRINCIPAL AMOUNT OF LA QUINTA FINANCING AUTHORITY 1991 BONDS CITY HALL PROJECT) AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. Council Member Bohnenberger advised that he would be abstaining due to a possible conflict of interest. RESOLUTION NO. 91-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING THE SALE, EXECUTION AND DELIVERY OF $8,515,000 PRINCIPAL AMOUNT OF LA QUINTA FINANCING AUTHORITY 1991 BONDS CITY HALL PROJECT) AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. It was moved by Council Members Sniff/Franklin that Resolution No. 91-90 be adopted. Motion carried unanimously with Council Member Bohnenberger abstaining. 2. RECONSIDERATION OF CITY IN-KIND SERVICES FOR TENTH ANNIVERSARY CELEBRATION. Mrs. LiCalsi advised that the Tenth Anniversary Committee had enough concerns about the Council?s action regarding in-kind services from the City and the matter of the separate bank account to come back to the Council for reconsideration. She stated that opening an account would mean forming the Committee as an entity and there was a question as to who would be responsible for signing on the account, which could end up with quite a lot of money. The Committee preferred to have staff facilitate the process by creating a line item in the budget for income and expenditures which is actually already created). Council Member Franklin stated that she is adamant about not using staff time they are already over-worked. She went to the bank and found that there is no problem with opening an account you only need two people from the Committee to go in BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 3 November 19, 1991 and open an account under the name of City of La Quinta Tenth Anniversary Committee. Council Member Bohnenberger understood the concerns of the Committee, as it is a great deal of money to be accountable for. He felt that it is appropriate for City Staff to handle the month and that it can be handled as a simple line item in the budget. He felt that it should be pointed out that the Committee is made up of volunteers dedicating a great deal of time to the City. In response to Mayor Pro Tem Rushworth, Mrs. LiCalsi advised that the Department Heads have no problem with the time commitment. Mayor Pro Tem Rushworth then supported the recommendation to allow staff to perform these duties. Council Member Sniff commented that these Committee Members were volunteered'?. He agreed that staff should handle the money. Council Member Franklin asked if the recommendation is that staff will be taking all reservations and Mrs. LiCalsi advised that is correct. MOTION It was moved by Council Members Sniff/Bohnenberger to grant the Tenth Anniversary Committee's request and direct City Staff to use the current line item in the budget to account for all the Tenth Anniversary financial activities and direct appropriate City Staff to provide all reasonable support. Motion carried with Council Member Franklin voting NO. MINUTE ORDER NO. 91-180. Mrs. Bohnenberger, Chairwoman of the Ten Carat Dinner Dance presented each Councilman with an invitation. 3. REPORT OF PLANNING COMMISSION ACTION ON VARIANCE 91-020 FOR VARIANCE OF MAXIMUM BUILDING HEIGHT IN THE SR ZONE FOR RESIDENCE UNDER CONSTRUCTION AT 52-815 AVENIDA MARTINEZ APPLICANT: JACK SOBELMAN. Mr. Herman advised that the applicant has requested a variance in the height limit in the SR Zone, which is currently 17' measured from the finished grade of the property to the highest point of the residence. The applicant had put 17' from the finished floor on his plans and the Building Inspectors discovered the additional height and put a stop" on the construction. The Planning Commission recommended approval of the variance. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 4 November 19, 1991 MOTION It was moved by Council Members sniff/Bohnenberger to accept the report of action of the Planning Commission relative to Variance 91-020. Motion carried unanimously. MINUTE ORDER NO. 91-181. 4. CONSIDERATION OF PARKING SPACE CONSTRUCTION ON CITY PROPERTY FOR ROBERT A. BARNES RELATING TO 51-370 AVENIDA BERMUDAS PLOT PLAN 91-458. Mr. Herman presented staff report advising that the Council has previously approved a building addition/remodel of the Barnes building at the corner of Bermudas and Cadiz. The approval was contingent upon the applicant providing the cash in-lieu or sufficient parking or provide parking elsewhere throughout the City. The condition was actually worded to allow the applicant the option of building parking spaces on City-owned property behind the Chamber of Commerce. The applicant has submitted a schematic as to how this can be accomplished. This matter has to be resolved before the applicant can obtain a building permit. The options are 1) pay all fees in-lieu 2) enter into an agreement or 3) post a bond. Council Member Bohnenberger stated that he couldn?t support a bond he would prefer a negotiable instrument like a letter of credit, CD, or a passbook account. In response to Council Member Franklin, Mr. Herman avised that Mr. Barnes is required to provide 13 additional parking spaces, but two have been paid for so there are still eleven outstanding. In-lieu cost for the spaces are $4,900 for eight and $3,500 for the other three, which are a part of a previous agreement. Ben Urmston, Architect, representing Mr. Barnes, advised that they are incurring a lot of cost with the remodel and the addition of an elevator and would rather not having to pay for the spaces until they are built. Robert Barnes, property owner, stated that he cannot pay the in-lieu fee. In response to Council Member Bohnenberger, he advised that he will need the parking when the remodel is complete. Council Member Bohnenberger responded that a building permit will be issued upon posting a negotiable instrument and then the cash will be required upon being issued an occupancy permit, or upon starting construction of the parking lot. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 5 November 19, 1991 In response to Council Member Franklin, that if in six months he's ready to occupy the building and the City isn't ready to proceed with a parking lot, then Mrs. Honeywell advised that the City would then draw down on the letter of credit either at time of occupancy or at the time of construction of the parking lot, whichever comes first. MOTION It was moved by Council Members Sniff/Franklin that this matter be continued until an agreement is worked out with staff. Motion carried unanimously. MINUTE ORDER NO. 91-182. 5. CONSIDERATION OF AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH HARRIS AND ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CIVIC CENTER CONSTRUCTION PROJECT. Council Member Bohnenberger advised that he would be abstaining due to a possible conflict of interest. Mr. Reynolds advised that the Council has received a proposal for construction management services from Harris & Associates for the Civic Center Construction. The agreement calls for provision of a resident engineer and a back-up inspector. The City will be expected to provide a Project Manager on a part- time basis. Council Member Sniff asked if this is absolutely necessary and Mr. Reynolds advised that it is in order to provide for quality assurance and the avoidance of claims and to represent the City during the course of construction. In response to Council Member Rushworth, Mr. Reynolds advised that the agreement would be for the length of the construction. Council Member Franklin couldn't see the rationale for it, in light of the fact that there is a full-time architect who is bonded; a general contractor who is bonded and supposed to be competent; and then we're proposing Harris & Assoc. to watch them; and then a Project Manager to watch them. She called several general contractors and they said it's a tremendous waste of money. She felt that we should have a full-time project manager and rely upon the general contractor to be competent. Council Member Sniff asked if there is any other possible scenario that would work, like a full-time Project Manager and Mr. Reynolds advised that we've been doing this for four years in the Cove. We have the contractor, inspectors and a Project Manager. Tests have to be taken throughout the project to assure quality and someone has to make sure that it's done in BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 6 November 19, 1991 accordance with the plans and specifications. The project manager could do that, but he can't do it all along with the paper work. Mr. Kiedrowski believed that if we were to contact ten other cities, we would find that this is a commonly accepted practice. Council Member Sniff asked how Harris & Assoc. was determined to be the firm to be recommended and who else was considered. Mr. Reynolds advised that he has worked with the firm before in Northern California, adding that they have a tremendous amount of experience. There were no other firms contacted. He did not believe that there is another firm that can do the same quality of work at a lesser cost. Council Member Franklin commented on Sections 3.2 and 6.1 of the agreement in which the consultant's services shall be invoiced at cost, plus a percentage as indicated in each Task Order, giving them full rein to bring anyone else in; and asked if the warranty provision is normal. Mrs. Honeywell advised that it is normal not to require warranty beyond due diligence in accordance with generally accepted engineering practices. MOTION It was moved by Mayor Pro Tem Rushworth to authorize entering into a contract with Harris & Assoc. for construction management for the Civic Center Project Motion died for lack of a second. 6. HEARING TO CONSIDER ADOPTION OF RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY LOCATED ALONG WASHINGTON STREET IN LA QUINTA, ASSESSOR PARCEL NUMBERS 769-117- 001,002,003,004. Council Member Bohnenberger asked if the property in question is farther than 300' from his property and Mr. Kiedrowski advised that it is. Mr. Kiedrowski advised that the property in question is the four parcels immediately adjoining the City Hall site, southerly on the west side of Washington. The City began acquisition of these lots with little response from the property owner. Therefore, a resolution was prepared to begin condemnation proceedings. However, in the meantime, the property owner has made a counter offer of $88,000, which staff feels is fair and reasonable. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 7 November 19, 1991 MOTION It was moved by Council Members Bohnenberger/Sniff to authorize the City Manager to execute the escrow instructions and accept the offer of $88,000. Motion carried unanimously. MINUTE ORDER NO. 91-183. Mrs. Honeywell advised that staff will be back to Council at the next meeting for adoption of a resolution finalizing the transaction. 7. APPROVAL OF MAINTENANCE AGREEMENT FOR DARBY ROAD AS CONDITIONED BY LAFCO FOR ANNEXATION NO. 6 156 ACRES NORTHEAST OF THE WASHINGTON STREET AND FRED WARING DRIVE INTERSECTION. Mr. Herman advised that the agreement in question is a condition imposed by LAFCO as part of their approval of Annexation No. 6. The costs of maintenance is undetermined at the present time and staff is working with the County in an attempt to get them to upgrade the road prior to the City taking it over. In response to Council Member Bohnenberger, Mr. Kiedrowski advised that LAFCO seems to be starting to require that streets that dead-end become the responsibility of the City rather than having conflicting crews. Additionally, LAFCO believed that at some point in time, the City will annex that portion. MOTION It was moved by Council Member Bohnenberger/Franklin that the agreement with Riverside County for maintenance of Darby Road be approved. Motion carried unanimously. MINUTE ORDER NO. 91-184. 8. APPROVAL OF AGREEMENT WITH KICAK AND ASSOCIATES FOR DESIGN SERVICES FOR IMPROVEMENTS TO SAGEBRUSH AND SAGUARO AND CONTINUATION OF ENGINEERING SERVICES IN THE WESTWARD HO AREA. Council Member Sniff advised that he has previously asked for the City Attorney to research the matter of awarding professional services contracts and Mrs. Honeywell advised that the Council should be receiving a memorandum on the subject in the next couple of days. Basically, new legislation says that you cannot award a professional contract on the basis of costs alone. But this does not prohibit you from adopting a policy, which would require RFP's and then negotiate as to price. The only over-arching concern in the law with regard to this kind of agreement is the constitutional gift of public funds concern. Therefore, whatever procedure is used must meet reasonable standards. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 8 November 19, 1991 Council Member Sniff understood that an ordinance could be adopted enacting certain procedures and Mrs. Honeywell advised that is correct. Council Member Sniff stated that he would support going ahead, but would like to see an ordinance presented to the Council for consideration. In response to Council Member Franklin, Mr. Kiedrowski advised that the sagebrush and saguaro areas are in Project Area 2, but since it's too small a project to stand on its own, it's planned to be done along with the Indian Springs area. He added that staff anticipates the public hearing to be in the Spring. MOTION It was moved by Council Members sniff/Bohnenberger to authorize entering into an agreement with Kicak & Associates for design services for Sagebrush, Bottlebrush and Saguaro improvements and continuation of Engineering Services for Indian springs. Motion carried unanimously. MINUTE ORDER NO. 91-185. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF OCTOBER 9, OCTOBER 21 AND NOVEMBER 5, 1991. 2. APPROVAL OF DEMAND REGISTER. 3. APPROVAL OF REDUCTION IN SECURITY FOR TRACT 21846-1 SUNRISE AT PGA WEST. 4. APPROVAL OF REDUCTION IN SECURITY FOR TRACT 22432-3 SUNRISE AT PGA WEST. 5. APPROVAL OF REDUCTION IN SECURITY FOR TRACT 24317-2 SUNRISE AT PGA WEST. 6. APPROVAL OF REDUCTION IN SECURITY FOR TRACT 25500-1 SUNRISE AT' PGA WEST. 7. APPROVAL OF REDUCTION IN SECURITY FOR TRACT 24517 RANCHO OCOTILLO, WILLIAMS DEVELOPMENT. 8. ADOPTION OF RESOLUTION APPOVING TEMPORARY STREET CLOSURE OF 52ND AVENUE FOR LA QUINTA CHAMBER OF COMMERCE 10K RUN/2 MILE WALK ON DECEMBER 8, 1991. 9. ACCEPTANCE OF RETENTION BASIN IMPROVEMENTS AND DEDICATION TRACT 22982 CACTUS FLOWER II, WILLIAMS DEVELOPMENT. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 9 November 19, 1991 10. BUSINESS SESSION ITEM NO. 8. 11. AWARD OF HID FOR PROJECT NO. 91-17 LOW-MOD INCOME FAMILY SEWER CONNECTION PROJECT TO LOW BIDDER BROOKS & ASSOC. IN THE AMOUNT OF $15,450.00. 12. APPROVAL OF SPECIAL ADVERTISING DEVICES FOR THE 1991 SKINS GAME. 13. BUSINESS SESSION ITEM NO. 7. MOTION It was moved by Council Members Bohnenberger/Sniff that the Consent Calendar be approved as amended with Item No. 8 being approved by RESOLUTION NO. 91-91. Motion carried unanimously. MINUTE ORDER NO. 91-186. STUDY SESSION ITEMS 2. DISCUSSION AND REVIEW OF SIMON PLAZA PLOT PLAN AND VARIANCE. Greg Trousdell, reviewed the proposed project, advising that it's located on the southeast corner of Highway 111 and Washington and consists of 5+. It's a mixed-used commercial with different building He discussed the height of the buildings, advising that there are both single-story and a multiple-story parking structure. He then discussed the set-backs and traffic circulation advising the first driveway is 360' on Highway 111 from Washington Street. Existing Simon Drive has a signal at Highway 111 and there is another signal at Washington and Avenue 47. Council Member Bohnenberger expressed concern about such a high-intensity use so close to that major intersection and the fact that the most prominent building at the most prominent intersection is planned as a parking structure. Mr. Herman advised that there could be an additional story under-ground to result in three stories above ground. Another option would be to decrease the size of the buildings, which would decrease the number of parking spaces required. Fred Simon, advised that it's designed so that a person can leave the parking structure and go straight into the buildings without having to go out onto the street. After talking to Mayor Pena, they are in the process of cutting the size of the parking structure to a three-story above-ground and to reduce the size of the building on the south side to match the height of the building on Washington Street between the parking structure and the corner. He added that the corner building BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 10 November 19, 1991 is designed as a landmark building. He then described the uses advising that there is a bowling alley planned, a Family Fitness Center, child care center and a restaurant. Council Member Sniff commented that some thoughtful architecture is going to have to go into the parking structure to make it as compatible with the other buildings as possible. He added that this is a very strategic and unique corner and needs to be looked at carefully. Council Member Bohnenberger stated that it appears that we're violating every standard that we've ever established in this community dealing with setbacks, access to major arterials and Highway 111 and two-story vs set-back requirements. It appears to be too intensive a use on such a small parcel. Mr. Simon advised that the entrances on Highway 111 and on Washington Street are right-in, right-out only, which will eliminate traffic problems. Regarding set-backs, this piece of land was parceled prior to the City becoming incorporated and that parcel map allows them to build on the property according to the parcel map. 3. DISCUSSION AND REVIEW OF LANDMARK PROPOSALS: a. Specific Plan 90-016 327 Acres Bordered by Jefferson; 50th Ave.; The All American Canal; and 52nd Ave. Mr. Nesbit, Associate planner, advised that this development proposal includes a 21-acre commercial site at the northwest corner of 52nd Ave. & Jefferson. This matter was before the Council in October and the issues identified at that time were the number and location of full-movement access points, building heights, responsibility for signalization and additional commercial acreage. Mr. Speer, Assistant City Engineer, advised that the signal wouldn't be required until such time as warrants demand. If cash for the signal was placed up front, it would have to be spent within 5 years or findings would have to be made annually, or it could be bonded. There has been a method found in which the beneficiary of the signal can be required to assume the financial responsibility. He stated that it may seem unfair at first, but the homeowners are the ones who benefit. Council Member Bohnenberger expressed concern about additional commercial on Jefferson, but had no problem with the remainder of the development. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 11 November 19, 1991 Council Member Sniff stated that he had no problem with the commercial, but was bothered by the fact that it is an old date garden, which was planted by his Dad and suggested that a plaque could be placed there to memorialize the garden. He was convinced that all of the City's commercial land will never be developed commercial, but we need to establish possibilities and options that could be utilized in the future. He also had no problem with the signal as long as they can be synchronized. Joe Walser, Sr. Vice President of Landmark, stated that they're trying to establish a neighborhood shopping center in order to alleviate having to drive several miles to go to the store. He felt that it would be an amenity to the people in the area. b. Specific Plan 90-015 265 Acres Bordered by 55th Ave., Airport Blvd; Monroe and Madison. Mr. Nesbit advised that this project consists of 265 acres of completely residential and golf course uses 1060 units) at the northeast corner of Madison and Airport. It will play from the Stadium Course and there are no access concerns. C. Specific plan 90-017 220 Acres Bordered by 57th Ave.; 58th Ave. and Bisected by Madison St. Mr. Nesbit advised that this project consists of 220 acres of completely residential and golf course uses 880) units. The golf course will play from PGA West. Council Member Sniff asked if any of these projects call for the elimination of any streets and Mr. Nesbit advised that the only streets to be vacated have already been approved for vacation. 1. REVIEW OF AMENDED VERSION OF PARK FEE SCHEDULE AND POLICIES. Mr. Genovese advised that the park fee schedule has been revised. The major change was made in Class I, which now is only for the School and non-profit organizations. Also, tennis courts were added to the schedule. Council Member Bohnenberger questioned why a deposit isn't required for the snack bar and Mr. Genovese advised that it can be added. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 12 November 19, 1991 In response to Council Member Sniff, Mr. Genovese advised that the overall philosophy is to both cover costs and to subsidize. Mr. Genovese advised that staff will be back with a resolution for adoption. 4. DISCUSSION OF DEVELOPMENT OF THE VILLAGE AT LA QUINTA. Continued. DEPARTMENT REPORTS Mr. Hartung advised that the YMCA has been advised that the Youth Center is ready for occupancy. Mr. Herman reminded the Council of the next General Plan Up-Date meeting to be held on December 11th at the La Quinta Middle School Multi-Purpose Room. Mr. Herman also advised that Walmart's Groundbreaking is November 25th at 10:00 A.M. MAYOR AND COUNCIL MEMBER ITEMS PUBLIC COMMENT None COUNCIL COMMENT None PRESENTATIONS Mayor Pro Tem Rushworth presented the following La Quinta Beautiful Awards for the Month of October: Most Beautiful: Eugene & Carol Feack, 46-175 Jefferson Most Improved: Salvador & Maria Placencia, 54-295 Avenida Diaz BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 13 November 19, 1991 PUBLIC HEARINGS 1. SPECIFIC PLAN 90?020, PARCEL MAP 26471, TENTATIVE TRACT 26472, TENTATIVE TRACT 26473 AND ENVIRONMENTAL ASSESSMENT 90-183 TO ALLOW 925 RESIDENTIAL UNITS IN 7 MASTER-PLANNED VILLAGES ON 271 ACRES LOCATED ON THE WEST SIDE OF MADISON STREET BETWEEN 52ND & 53RD AVENUES AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: STUART ENTERPRISES, LTD. MOTION It was moved by Council Members Bohnenberger/Sniff to continue the public hearing on Specific Plan 90-020 and Parcel Map 26471 to December 17, 1991 and to table Tentative Tract 26472 and Tentative Tract 26473. Motion carried unanimously. MINUTE ORDER NO. 91-187. 2. PUBLIC USE PERMIT 91-010 APPEAL OF PLANNING COMMISSION APPROVAL TO ALLOW THE CONSTRUCTION AND OPERATION OF A PRESCHOOL/DAY CARE CENTER FOR 180 CHILDREN AT SOUTH OF SAGEBRUSH AVENUE EXTENSION, EAST OF DATE PALM DR. APPLICANT: MICHAEL & GLENDA BANGERTER. APPELLANT: JIM BATTIN, ET. AL. Council Member Franklin proposed that the City Council do a land-swap with the applicant, trading their 1.8 acres for a portion of City-owned land on Jefferson at Avenue 48. In turn, she proposed that the City and Rotary Club use the 1.8 acres for a park-site. This matter will be agendized for the next Council meeting. Mr. Herman, Planning Director, advised that the matter before the Council is an appeal of a Planning Commission decision for approval of the subject Public Use Permit with conditions for a preschool/day care center at the end of Sagebrush on the east side of Date Palm Drive. He presented a display of the site-plan landscaping elevations of the proposed project. The staff report also contains a traffic study, which was required of the application, along with numerous letters in support and opposition to the request. GLENDA BANGERTER, 53-245 Avenida Martinez, addressed the Council reviewing the history of this proposal and stated that she felt that this would be an ideal site being close to the schools and adjacent to the wash. Also, the zoning of R-2 was deemed appropriate by the Planning Commission. She noted that both the Design Review Board and the Planning Commission recommended approval. She then reviewed the site plan and the architecture of the structure. The playground will be adjacent to the wash which, will keep the noise of the children from the surrounding neighborhood. Regarding traffic BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 14 November 19, 1991 and safety, she advised that an independent traffic study was performed by a firm from outside the area. This study showed that for the most part, the traffic on sagebrush would remain at a Level of Service A", and the City has adopted a Level of Service C", so they are more than within standards. Mrs. Bangerter stated that a preschool/day care center is a much-needed facility. Their intent to help families who cannot afford child care. They intend to meet with employers in an attempt to gain their assistance in subsidizing this service. They are not planning to charge any more than the non-profit operated programs. If they were to purchase commercially designated land, the cost would make this project prohibitive. She concluded in saying that with infrastructure and off-sites, the project has become bleak to them and they're asking for approval of the project with the hope that they may be able to get some relief from some of the conditions. PUBLIC HEARING OPEN Jim Battin, 78-650 saguaro, stated that he nor his neighbors are opposed to day care, they are concerned about the increased traffic that this project would cause on an already narrow road with broken shoulders on both sides. Currently, they all know who belongs in the area and with the turn-over in day care centers, they will never know who belongs in the area. Regarding Council Member Franklin's idea of a land- swap, they completely support it everyone would win. He advised that 96% of the property owners in Desert Club Tract are opposed to the project. They feel that there are many holes in the traffic study and the property owners are willing to commission another study if this matter is continued. He questioned the need for this facility, especially so close to the YMCA facility. According to the CVAG study, the need exists for low-income families. He performed a survey of all day-care centers and found that all of them had openings. Mr. Battin then read letters from The Learning Center and Tot Stop stating that they are operating at 75% occupancy. PUBLIC HEARING OPEN A. J. Maragos, 78-540 Bottlebrush, supported the project, but not in the proposed location citing traffic problems and he noted that the people who are supporting the project don't live in the area, they live in the Cove. Lucia Moran, 78-635 Bottlebrush, opposed the project due to its location. She spoke to a Planner in Cathedral City who told her that they always encourage the applicant to talk to BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 15 November 19, 1991 the neighbors prior to submitting an application. It was his experience that with a child care center of this size, you could easily have as many as 20-30 car back-up in the morning or evening. There is no other City in the Valley that allows this size day-care facility in a residential zone. She urged the Council to maintain the integrity of the neighborhood and uphold the appeal and work with the applicant on an alternate site. Launa Nelson, 52-900 Avenida Diaz, stated that there is such a need in the community for child care and the YMCA will take care of a portion of that need, but will not take care of the infant/toddlers. She hoped that the Council will approve this project. Alexis Guttke, 78-540 Saguaro Dr., opposed the project stating that it's too large for such a small area and poses a danger to the children who live on those streets and will diminish property values. She added that the noise level will be unbearable, contrary to what has been said, as she's lived next to a child-care center before. Rose Zamarripa, 78-611 Sagebrush, opposed the project citing traffic concerns and hazard to the children in the area. She suggested that another north/south access is needed out of the Cove Carrie Norlin, 78-695 Saguaro, opposed the project citing traffic and noise concerns. She teaches at The Learning Tree and knows that these centers are not quiet. She added that there is not a critical need citing the vacancies that exists in other centers. They have a quiet neighborhood in which the residents enjoy walking around in the evenings and she feared that these conditions will change. Kate Kelly, 78-565 Sagebrush, opposed the project citing traffic concerns commenting that the kids play outside they play basketball and she questioned what would happen if a ball rolled out in the street at the wrong time. Helen Nelson, 78-707 Saguaro, opposed the project and presented a poster indicating where all of the children in the neighborhood live. She commented on the traffic conditions as they presently exist and the scenario if this project is approved. ark Skotchel, 75-595 Bottlebrush, opposed the project and echoed Mr. Battin's comments. He supported the land-swap proposal. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 16 November 19, 1991 Ty Broadhead, 53-395 Bermudas, supported the project, stating that he understood that the traffic study seems to meet with the City's standards. He questioned the credibility of the letters read from The Tot Stop and The Learning Tree since they are competitors of this proposed project. He added that the Bangerter's plan is to provide a quality day care center. Matt Morris, 46-335 Jefferson, stated that no one appears to be opposed to another day care center, but they don't want it in their backyard" and sooner or later, it's going to be in someone's backyard. Regarding the traffic study, they are generally complicated and expensive and it's not uncommon for them to be revised several times. He didn't believe that the traffic would be any worse than if the property were a park. He urged approval. Terrie Miller, 49-095 Quinera Ct., president of parc La Quinta Homeowner's Association, supported the comments made by Mr. Battin adding that the residents are prepared to have their own traffic study done. She supported child care, but not in this location. She supported the idea of a land-swap. Daniel Carrier, 78-560 Via Bolero, Member of the Board of Parc La Quinta Homeowner's Association, and Chairman of the Safety Committee for the Association, stated that the children use the bus stop at Sagebrush at 8:00 A.M., which is when the traffic is going to be at its worse. There are currently 10- 15 children from 5-10 years old that use that bus stop. The speed on Sagebrush is excessive as it is and to add an additional 1,000 to 1,500 cars to that road frightens him. He favored day care, but not in this location. Tony Harvey, 78-675 Sagebrush, supported the project. Regarding the concerns about traffic, he felt that traffic patterns are going to have to be changed anyway at the time Bottlebrush and Saguaro are closed off. He urged approval of the project. Justine Nagels, 78-530 Bottlebrush, supported the comments made by Mr. Battin. She is a single mother of a three year old and bought this home hoping to grow old here. She was concerned about this property not being the proper location and urged denial of the project. Bill Fleming, 53-580 Ave. Mendoza, expressed support for the project as he believed that there is a need for child care. He also expressed concern about the length of time this process is taking and urged that a decision be made tonight and to study the idea of a land-swap as proposed by Council Member Franklin. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 17 November 19, 1991 Linda Pitts, stated that this matter would have been solved if the Council had approved the Desert Hospital project. She did not understand why the City has not followed through on a land-swap regarding the City-property on Jefferson. She felt that future sites for day care needs to be set-aside now, so that future residents will not have to endure the stress that Parc La Quinta and Desert Club Estates residents have had to experience. She urged the Council to assist the Bangerters in establishing a quality day care center in La Quinta at a location that will not create traffic and community problems. Bruce Cathcart, P.O. Box 346, sympathized with the surrounding residents, but he felt that at the end, either the community of La Quinta will win or it will lose, and it will come at the expense of the residents that are within this particular neighborhood. What alarms him is that a decision tonight will leave it hanging another two weeks. He urged the residents to be present again in two weeks, if that should happen, in the event that a proposed land swap does not go through. He urged the Council to approve the project. PUBLIC HEARING CLOSED At this time, the City Clerk read a letter submitted by Mayor Pena, who was out of town and unable to be present. He urged that the matter be continued. If that is not possible, he asked that a full EIR be required; or that a land swap be considered, which he believed is the only way that everyone would win. Council Member Bohnenberger expressed his desire to proceed with the matter this evening. Council Member Franklin stated that it's a difficult decision to make when there are so many homeowners objecting to the location. The problem is, the Council has to look at the big picture and what's best for the community. She stated that she would vote in favor of it, and work her best to get a land swap going. Council Member Sniff stated that he's had almost 100 calls on this issue and they were almost evenly divided. The obvious thing was that they were divided by area the people in the immediate are in favor of the project. So what we have is a divided community, so would prefer to discuss the idea of a land swap before voting on this issue. The location on Jefferson would be far more ideal, but it has not yet been discussed. He supported the Mayor's request to continue the matter to the next meeting and find out if there is support for such an effort. BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 18 November 19, 1991 Council Member Bohnenberger stated that he's always been out front in support of day care in our community. He was proud of the lead that the City has taken in the area of child care, noting that the YMCA will be opening next month and will open with a waiting list. However, he was going to have to vote against this project because the impact it's going to have on the neighborhood is too great a price to pay. If it was a smaller project, he would have been able to support it. He would support a good project of a proper scale in residential areas in the future. A comment was made that there's $5.00 per sq. ft. land available up on Highland, but there's no way they could make this project work economically with that kind of land cost. Yet day care is a vital service and there's a great need for quality, licensed, day care. However, there is a limit as to how much the City can do with our income stream. The land swap idea may not work, and he didn't wish to get hopes up. He pointed out that this is a private, for profit venture, which ties the City's hands as to how much we can do with public funds. He also noted that with the property on Jefferson St., there are major infrastructure and off-site improvements needed and wasn't sure they would be able to afford it. He felt that the answer is to appeal to private developers to consider assistance in providing this vital service to the community for their employees. Mayor Pro Tem Rushworth believed that this project should go forward as day care is needed and felt that the problems that have been talked about will be resolved as we go along. If the traffic is speeding now, it is not because of a day care center. An increase in traffic may slow it down so that it will be safer. He stated that if a land swap is made, the proposal for a park on that site may cause more problems than a day care center would cause. RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING THE APPEAL AND THEREBY DENYING PUBLIC USE PERMIT 91-010 FOR A PRESCHOOL/CHILD CARE CENTER ON A 1.8 ACRE SITE. CASE NO. PUP 91-010 MICHAEL & GLENDA BANGERTER LA QUINTA LITTLE SCHOOL). It was moved by Council Members Bohnenberger/Mayor Pro Tem Rushworth that the Resolution granting the appeal of Jim Battin be adopted. Motion failed to carry on the following vote: AYES: Council Members Bohnenberger, Sniff NOES: Council Members Franklin, Mayor Pro Tem Rushworth ABSTAIN: None ABSENT: Mayor Pena BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 19 November 19, 1991 Ms. Honeywell advised that unless another motion is made and adopted, the decision of the Planning Commission stands. She added that the Council?s options are to 1) continue the appeal or 2) send it back to the Planning Commission for further decision. MOTION It was moved by Council Members Franklin/Bohnenberger to reopen the public hearing and continue it to December 3, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-188. 3. APPEAL OF PLANNING COMMISSION?S DENIAL OF APPLICATIONS BY SEASTAR/MADISON ESTATES RELATIVE TO PROPERTY LOCATED ON THE EAST SIDE OF MADISON STREET, 1/4 MILE SOUTH OF 54TH AVENUE AND APPROVAL OF ENVIRONMENTAL DETERMINATION: A. GENERAL PLAN AMENDMENT 91-038 FROM VERY LOW DENSITY TO LOW DENSITY RESIDENTIAL B. CHANGE OF ZONE 91-067 FROM R1-20,000 TO R1-8,000. C. TENTATIVE TRACT 27224 FOR DEVELOPMENT OF 98 SINGLE FAMILY LOTS ON 39 ACRES. MOTION It was moved by Council Members 8ohnenberger/Franklin that the matter of the applications by Seastar/Madison be continued to December 3, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-189. 4. APPLICATIONS BY DESERT VILLAS, LTD. RELATIVE TO 9 ACRES LOCATED ON THE WEST SIDE OF WASHINGTON STREET, SOUTH OF THE LA QUINTA CHANNEL, 600 FEET NORTH OF CALLE TAMPICO AND APPROVAL OF ENVIRONMENTAL DETERMINATION: A. CHANGE OF ZONE 91-066 FROM Ri AND R2-8,O00 TO R2 MULTIPLE FAMILY RESIDENTIAL. B. VARIANCE 90-017 TO REDUCE THE ON-SITE PARKING REQUIREMENTS, ALLOW TANDEM PARKING & REDUCE THE DWELLING UNIT SIZES. C. PLOT PLAN 91-467 FOR 109 UNIT APARTMENT COMPLEX. MOTION It was moved by Council Members Sniff/Bohnenberger to table the applications by Desert Villas, Ltd. Motion carried unanimously. MINUTE ORDER NO. 91-190. COUNCIL COMMENT None PUBLIC COMMENT None BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02 City Council Minutes 20 November 19, 1991 CLOSED SESSION a. Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Pyramids Development Agreement Landmark Bankruptcy Proceedings Laguna De La Paz Default on Bonds Palmer Cablevision Request for Transfer of Ownership b. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) City of Indio Indlo Case No. 62944 Fredericks FA CV91-317AHS c. Discussion of potential property acquisition pursuant to Government Code Section 54956.8 Issues Relating to C. V. Recreation and Park District and Potential Park Acquisition. There being no further business, the meeting was adjourned. City of La Quinta, California BIB] 02-09-96-U01 11:29:36AM-U01 CCMIN-U02 11-U02 19-U02 1991-U02