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1991 12 03 CC Minutes La Quinta City Council Minutes December 3, 1991 Regular Meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M., Mayor Pena presiding. PRESENT: Council Members Bohnenberger, Franklin, Rushworth 3:12 P.M.), Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Council Member Bohnenberger asked that Public Hearing No. 10 be Public Hearing No. 1 and that Public Hearing No. 9 be Public Hearing No. 6. Council Member Sniff asked that Consent Calendar No. 4 be Business Session No. 11. Mayor Pena asked that Consent Calendar No. 1 be Business Session No. 12. MOTION It was moved by Council Members Sniff/Franklin that the agenda be revised as directed. Motion carried unanimously with Council Member Rushworth absent. ANNOUNCEMENTS Mrs. Juhola announced that the dedication of the Youth/Child Care Center will be Thursday, December 5th at 11:00 A.M.. PRESENTATIONS Mayor Pena presented Debbie DeRenard as Employee of the Month for November and Cristal Spidell as Employee of the Month for December. WRITTEN CORRESPONDENCE a. Letter from Robin Merritt resigning from the Community Services Commission. Council accepted Mrs. Merritt's resignation with regret and instructed the City Clerk to retrieve the previous applications which were submitted in June for review. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 2 December 3, 1991 b. Letter from Chateau Development regarding traffic on Park Street. Council Member Bohnenberger asked that this letter be agendized for the next meeting. Council Member Rushworth joined the meeting at this time. COUNCIL REORGANIZATION The Mayor opened nominations for Mayor Pro Tern. Council Member Franklin nominated Council Member Sniff. Council Member Bohnenberger nominated Council Member Rushworth. Council Member Sniff was elected Mayor Pro Tern on a roll call vote with Council Member Bohnenberger voting NO and Council Member Rushworth ABSTAINING. Council extended their commendations to Council Member Rushworth for a job well-done during his term of Mayor Pro Tern. CVAG COMMITTEES were reorganized as follows: Executive Committee..........Member Mayor Pena Alternate Council Member Sniff Technical Advisory...........Member Ron Kiedrowski Technical Planning...........Member Jerry Herman Alternate Fred Baker wally Nesbit Energy & Environment.........Member Council Member Franklin Alternate Council Member Bohnenberger Housing......................Member Council Member Rushworth Alternate Jerry Herman Public Safety................Member Mayor Pena Alternate Roger Hirdler Transportation...............Member Council Member Bohnenberger Alternate Council Member Franklin Transportation Technical Advisory.....................Member Steve Speer Alternate Frank Reynolds Bikeway......................Member Stan Sawa BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 3 December 3, 1991 SUNLINE TRANSIT AGENCY Board Member.................Mayor Pena Alternate....................Council Member Franklin PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU Board Member.................Mayor Pena Alternate....................Council Member Sniff ENVIRONMENTAL CONSERVATION COMMITTEE Council noted that the Environmental Conservation Committee had been appointed for a one-year term. The Mayor was directed to send a letter of appreciation to each member. BUSINESS SESSION 1. REPORT OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 91- 008 AND VARIANCE 91-018 WITH ENVIRONMENTAL DETERMINATION TO ALLOW EXPANSION OF AN EXISTING CHURCH LOCATED AT 50-800 CALLE PALOMA. APPLICANT: LA QUINTA CHRISTIAN FELLOWSHIP CHURCH. Council Member Bohnenberger advised that he lives about 600' from the property in question and asked if he needs to abstain. Ms. Honeywell advised that if you live between 300'- 1,000?, the issue is whether you believe this action would impact the value of your property by $10,000. Council Member Bohnenberger advised that he would be participating. Mr. Herman advised that the Planning Commission denied the request of La Quinta Christian Fellowship Church for expansion of their existing Church on 0.74 acre site at 50-800 Calle Paloma. The matter before the Council is simply a report of action and the Council has the option of accepting the action, or at this time of scheduling the matter for public hearing before the Council. MOTION It was moved by Council Members Bohnenberger/Franklin to accept the report of the Planning Commission. Council Member Bohnenberger understood that by denying the Public Use Permit is not denying them continued use of the property as it currently stands and Mr. Herman advised that is correct. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 4 December 3, 1991 Council Member Sniff stated that he would prefer to schedule a public hearing in January, which would save them the applicant the appeal filing fee of $175. Motion failed to carry with Council Members Rushworth, Sniff and Mayor Pena voting NO. MOTION It was moved by Council Members Sniff/Rushworth that Public Use Permit 91-008 Applicant, La Quinta Christian Fellowship Church be set for public hearing before the City Council on January 21, 1992. Motion carried with Council Members Bohnenberger and Franklin voting NO. MINUTE ORDER NO. 91-191. 2. CONSIDERATION OF AMENDMENT TO THE MUNICIPAL CODE ADDING CHAPTER 6.12 RELATING TO REGULATION OF SMOKING IN PUBLIC PLACES. Mrs. Honeywell advised that the questions contained on the survey which was sent out consists of the blanks that need to be filled in the draft ordinance. Council Member Bohnenberger understood that this matter was sent to the Chamber of Commerce for the Business Development Committee to meet with the restauranteurs in the City to work out a compromise. Council Member Franklin understood that a survey was to be sent out to the restauranteurs and the other business people in town. Mrs. Juhola advised that because of a time-crunch, she offered to assist the Chamber of Commerce in getting the survey out which was mailed to all members of the Chamber of Commerce. Mario Lalli, owner of La Quinta Garden Cafe, advised that smoking regulations are the hardest thing he's ever had to deal with in the restaurant business. He urged caution in developing an ordinance asking that the City not try to be a champion" in this field. Lois Mall? with the American Lung Association, advised that she receives many calls from people asking why some of the restaurants have non-smoking areas and some don't. She noted that the restaurants in Rancho Mirage still seem to be doing well in spite of their very strict ordinance. Mayor Pena asked if the Lung Association has taken a stand on other kinds of smoke, i.e., agricultural burning; fireplaces and auto exhaust and she advised not. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 5 December 3, 1991 Judy Vossler Woodard expressed concern about forcing business out of town to dine. She understood that what the City was looking at was a partial prohibition, which she didn't feel solves the problem of secondary smoke. She preferred to wait for State legislation that treats all of the Valley restaurants the same. Council Member Franklin advised that La Quinta is the only City in the Valley which does not have smoking regulations in restaurants. She expressed concern about waiting until the State mandates regulations she would rather see it done on a local level. She added that any ordinance adopted locally will take precedence over what the State hands down, but if we wait, we will be ruled by State legislation, whether we like it or not. The City is trying to provide something that is workable. Ted Axe, Food and Beverage Director for La Quinta Hotel, advised that this issue has caused them a lot of concern about losing business to out-lying cities around us. He noted that this isn't just a restaurant issue, several tobacco businesses are booking business at the hotel. They have done about $1.5 million during the past five years with these types of groups. He noted that there's a significant amount of Transient occupancy Tax involved. He and the California Restaurant Association are proposing to let Senate Bill 93 go into effect, which will override any local ordinances. Mayor pena advised that currently all other cities in the Valley have smoking regulations and questioned how we would differ in that sense. Dolly Cunard, owner of Dolly Cunard's, quoted from a newsletter from the California Restaurant Association regarding a smoking ban in Los Angeles that would severely hurt an already suffering restaurant business. The Association is proposing uniform laws directing the banning of smoking in all public places in California without exclusion or exception. She felt that we are still a struggling community and must remain competitive. She urged the Council to be careful. Council Member Rushworth stated that he would prefer to wait and see what the State does. Council Member Bohnenberger wished to proceed. He commented that Robi is a very successful restaurant and they don't allow smoking at all and it'S a complete evening of dining. He noted that all other cities regulate smoking in restaurants and that he isn't looking for a 100% ban, but rather a compromise that the restaurants feel that they can live with. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 6 December 3, 1991 He wished to move forward with an ordinance excluding the issue of restaurants and give the Chamber of Commerce the opportunity to work with the restaurants on that issue to work out a compromise. Council Member Sniff suggested giving the restaurants a chance to adjust by phasing in regulations over a period of, for example, four years. He personally, preferred a 100% ban based on personal experiences, but he wasn't totally sure that it's a practical thing for the restaurants at this point in time. Mayor Pena stated that his initial reaction is that he's in favor of a smoking ban in public places, but he feels that hotels and restaurants are unique places and there are issues that relate to those businesses that they, themselves, have to work out. He didn't wish to impose regulations on them without having their input. Not only do we have health effects from second-hand smoke, but also from agricultural burns, car exhausts and fire places. He wished to see us embark on a public awareness program as to the effects of second-hand smoke of all kinds. He would like to see an ordinance banning smoking in public places and within six months, bring the restaurants in and see if we can work out a program whereby they would phase in non-smoking. He felt that Council Member Sniff's idea about phasing in restaurants might be workable. Council Member Franklin stated that no one is insensitive to the restaurant situation in terms of monetary considerations, but they must realize that they're going to have a ban on smoking sooner or later, and she would much prefer to see the City have their own ordinance that fits, rather than wait and be State?mandated. She stated that we're not going to lose business to other cities, since all of them have regulations. Council Member Rushworth stated that if we wait for the State mandate, then everyone will be on the same footing. He saw no reason to rush into it. Council Member Bohnenberger stated that he has read some of the information on Senate Bill 93, which is a tobacco industry sponsored Bill as well as a Restaurant Association sponsored- bill. It was written to their benefit. He felt that there is a lot of opposition to it because it ties the hands of local jurisdictions to do anything more restrictive and limits our ability to address other critical areas. He also noted that smoking in California is down to less than 20% of the population and continuing to drop. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 7 December 3, 1991 Council Member Sniff suggested that this matter be delayed for three months and in the interim, we develop some type of program phasing in a limitation for restaurants. During this period of time, the restaurants who wish to participate in this process may do so in conjunction with the Chamber of Commerce. Council Member Bohnenberger suggested, that since the main issue here is restaurants, that the Council proceed with the ordinance eliminating regulations for restaurants. Council concurred on instructing the City Attorney to come back to the Council on December 17th for adoption of an ordinance excluding regulations for restaurants and that a Task Force be formed comprised of the Chamber of Commerce, perhaps City Staff and Council and restaurant owners to look at restaurant regulations. Council then proceeded to work through the Ordinance and give direction on some of the issues that have been left to be decided and then in the interest of time, decided to continue the matter to later in the meeting. MOTION It was moved by Council Members Sniff/Bohnenberger to continue the matter of smoking regulations to later in the meeting. See Page 30). Motion carried with Council Member Franklin voting NO. MINUTE ORDER NO. 91-192. 3. CONSIDERATION OF PROPOSAL TO TRADE CITY-OWNED PROPERTY FOR 1.8 ACRES LOCATED AT SOUTH OF SAGEBRUSH AVENUE EXTENSION, EAST OF DATE PALM DRIVE PROPERTY OWNERS: MICHAEL AND GLENDA BANGERTER. Ms. Honeywell advised that land acquisition issues are normally considered under Closed Session under Government Code Section 54956.8. MOTION It was moved by Council Members Bohnenberger/Sniff that the matter of a land-swap with the Bangerters be continued to Closed Session. Motion carried unanimously. MINUTE ORDER NO. 91-193. 4. CONSIDERATION OF REQUEST OF WASTE MANAGEMENT OF THE DESERT, INC. FOR INCREASE IN COMMERCIAL REFUSE PICK-UP CHARGES DUE TO INCREASE IN TIPPING FEES. Mr. Kiedrowski advised that effective January 1, 1992, the County has increased landfill tipping fees by 37% from $23.00 BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 8 December 3, 1991 to $31.50 per ton. He believed that these increases are excessive and that the cities should begin to ask the County to justify these fees. Mayor pena agreed that these increases are unreasonable and unjustifiable. He suggested that the City Attorney talk to other City Attorneys as to what action can be taken. Ray Burke, General Manager of Waste Management, advised that the CVAG Energy and Environmental Committee is tackling this landfill issue. There are two critical issues being analyzed 1) the landfill and where we are going with landfills are there alternatives; and 2) flow control rights. He felt that the proper place to pursue these issues is through CVAG with the power of all the cities behind them. He noted that several years ago, it was discovered that landfill tipping fees here in the desert were subsidizing the western end of the County and he felt sure that is still the case. Waste Management is trying to site a landfill in the desert and is currently working with Tarmac in trying to site one at their mining operation on north Monroe Street. It would be an excellent location for a landfill in Coachella valley and would help them get in compliance with AB 939. Mayor Pena suggested that a letter go out requesting justification for the 37% increase. MOTION It was moved by Council Members Bohnenberger/ Rushworth that the requested commercial increase by Waste Management of the Desert be approved effective January 1, 1992. Motion carried unanimously. MINUTE ORDER NO. 91-194. Council concurred on asking the City Attorney to talk to other City Attorneys to see what can be done. 5. CONSIDERATION OF ADOPTION OF RESOLUTION AUTHORIZING THE PURCHASE OF PARCELS OF LAND FROM THE RIVERSIDE COUNTY TAX COLLECTOR. Mr. Herman advised that this is an annual attempt to purchase tax sale property and presented a map showing the properties in question, being on Calle Kalima and Westward Ho Drive. In response to Council Member Sniff, Mr. Kiedrowski advised that public entities get the first opportunity to purchase tax sale property and normally we would get them for less than appraised value. If we are successful, they could be used for a mini-park, or put back on the market at full-market value. They are vacant lots. However, he commented on the remote possibility of being successful, because the property owner BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 9 December 3, 1991 usually pays the taxes before the last date to pay. RESOLUTION NO. 91-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE PURCHASE OF PARCELS OF LAND FROM THE RIVERSIDE COUNTY TAX COLLECTOR. It was moved by Council Members sniff/Bohnenberger that Resolution No. 91-92 be adopted. Motion carried unanimously. 6. CONSIDERATION OF ADOPTION OF RESOLUTION REGARDING A REGIONAL AFFORDABLE HOUSING STRATEGY FOR COACHELLA VALLEY. Mr. Kiedrowski advised that CVAG is asking that each member City adopt this resolution. RESOLUTION NO. 91-93 A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING A REGIONAL AFFORDABLE HOUSING STRATEGY FOR THE COACHELLA VALLEY. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 91-93 be adopted. Motion carried unanimously. 7. CONSIDERATION OF CONSTRUCTION MANAGEMENT SERVICES FOR CIVIC CENTER PROJECT. Council Member Bohnenberger asked the City Attorney to comment on her research with regard to his ability to vote on this and other similar issues with regard to a possible conflict of interest. Ms. Honeywell advised that the issue that arose was that Council Member Bohnenbergers residence was just within the 300' from the boundary line of the project. In that case, he could only participate if the project would have zero impact to his property. Therefore, he abstained from the decision to approve the Civic Center Project. The action before the Council at this time has to do with consideration as to what type of construction management services will be utilized on the project. In reviewing whether or not he needs to abstain, the issue became whether this project could be separated from the Civic Center as a whole, which she believes can be done. The second issue is whether or not the construction management has a greater impact than zero on his residence. While this is difficult to establish, she believes that since the design of the building will not be affected, that one can make a BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 10 December 3, 1991 reasonable argument that this project will have zero impact. She has been in contact with FPPC and they concurred that this is the issue. Therefore, the decision is Council Member Bohnenberger's to make as to whether or not it will have a zero impact. Council Member Bohnenberger concurred with the City Attorney, in that this is an administrative decision that will not affect the value of his property. Therefore, he will be participating. Mr. Reynolds advised that at this point we have a contract signed with the contractor and are ready to proceed with the project. However, direction is needed as to how the Council wishes Staff to administer the contract. He presented the Council with a memorandum in which he has outlined the scope of work involved along with six alternatives as to how the project can be approached, ranging from no management, which he cannot recommend, to the contract with Harris and Associates, which he continues to recommend. Mayor Pena asked for clarification that construction management is intended to be value added", as opposed to facing problems at the end, which end up costing the City more money. Mr. Reynolds advised that is correct, adding that the idea is to have a paper trail that will provide claims avoidance and to save the City money. Council Member Bohnenberger advised that he currently has a similar sized project underway CVWD) in Palm Desert in which he has four full-time people assigned. The District always uses construction management either contract or in-house. A good construction manager can save you money you'll get a better product at a cheaper price. MOTION It was moved by Council Members Rushworth/ Bohnenberger to proceed with the original recommendation to accept the proposal of Harris and Associates. Council Member Franklin felt that the contract with Harris and Associates needs to be looked at before we can proceed because we re talking about spending over $22,000 monthly on a construction management firm and she didn't understand why we cannot have a project manager do this work the magnitude of the project isn't that great. Also, there are a number of holes in the contract which the City Attorney needs to look at. She stated that Harris and Associates are consultants not construction managers as stated throughout the contract. She referred to Section 3.2 in which they are given authority BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 11 December 3, 1991 to use subconsultants invoiced at cost plus a percentage. Mayor Pena felt uneasy about the fact that the agreement was not drafted by the City Attorney in the City's interest, but rather was drafted by Harris & Assoc. He felt that there are two issues here 1) the contract with Harris and 2) do we need a construction management firm. He felt that we need some construction management he didn't feel that we're capable of doing it in-house. Ms. Honeywell stated that she could review the contract and report back at the next meeting. At this point, Council Member Bohnenberger withdrew his second to the motion. MOTION DIED FOR LACK OF A SECOND. MOTION It was moved by Council Members Bohnenberger/Sniff to direct staff to get with Harris & Assoc. to work out an agreement to be brought back to Council on December 17th for consideration. Motion carried unanimously. MINUTE ORDER NO. 91-195. 8. CONSIDERATION OF AUTHORIZATION TO ENTER INTO AGREEMENT WITH EARTH SYSTEMS CONSULTANTS FOR SOILS AND MATERIALS TESTING SERVICES IN CONNECTION WITH THE CIVIC CENTER PROJECT. Mr. Reynolds recommended that the City enter into an agreement with Earth Systems Consultants for soils and materials testing services in connection with the Civic Center Project. MOTION It was moved by Council Members Sniff /Bohnenberger that an agreement be entered into with Earth Systems Consultants for soils and materials testing services in connection with the Civic Center Project in an amount not to exceed $42,809. In response to Council Member Franklin, Mr. Reynolds advised that Earth Systems carries insurance and that the other firms considered were STE; ICG; PSI; and Wyman. The prices varied due to different ideas as to the scope of the work. Motion carried unanimously. MINUTE ORDER NO. 91-196. 9. CONSIDERATION OF AWARDS AND ACKNOWLEDGEMENTS OF CIVIC SERVICE IN RELATION TO THE 10TH ANNIVERSARY EVENTS. Council Member Bohnenberger submitted a list of the first City BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 12 December 3, 1991 Council, first Planning Commission, first City Manager and the Incorporation Task Force and proposed that they be invited to the Ten Carat Decade Dinner Dance and be provided complimentary tickets to honor them for the efforts they put forth in the early days to get the City going. He also suggested that they be presented with some kind of award. Council concurred on providing each person with a ticket for their spouse and/or guest also. MOTION It was moved by Council Members Bohnenberger/Sniff that the first City Council; Planning Commission; City Manager; and Incorporation Task Force be invited to the dinner dance with two complimentary tickets. Motion carried unanimously. MINUTE ORDER NO. 91-197. Council Member Bohnenberger also suggested some kind of commemorative award to give to everyone on the list including all past and present City Councils and Planning Commissioners. Mayor Pena suggested framing the logo and attach a brass plate. Council concurred. 10. CONSIDERATION OF AMENDMENT TO SECTION 2.08.060 AND 2.10.030 OF THE MUNICIPAL CODE RELATING TO POWERS AND DUTIES OF THE CITY MANAGER AND CITY CLERK AND ADOPTION OF REVISED JOB DESCRIPTION FOR ADMINISTRATIVE SERVICES DIRECTOR/CITY CLERK. Mayor Pena advised that this matter is in accordance with past discussions in Closed Session. Council Member Bohnenberger questioned why the Municipal Code is being amended in light of the fact that it was decided to do this on a six-month trial basis. Ms. Honeywell advised that in not amending the Code, the City would be operating inconsistent with the Code. MOTION It was moved by Council Members Sniff/Franklin that Ordinance No. 196 be taken up by title and number only and waive further reading. Motion carried with Council Members Bohnenberger and Rushworth voting NO. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 13 December 3, 1991 ORDINANCE NO. 196 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 2.08.060 AND 2.10.030 OF THE LA QUINTA MUNICIPAL CODE, RELATING TO POWERS AND DUTIES OF THE CITY MANAGER AND CITY CLERK. It was moved by Council Members Sniff/Franklin that Ordinance No. 196 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Franklin, Sniff, Mayor Pena NOES: Council Members Bohnenberger, Rushworth ABSTAIN: None ABSENT: None MOTION It was moved by Council Members Sniff/Franklin that the job description of Administrative Services Director/City Clerk be approved. Motion carried with Council Members Bohnenberger and Rushworth voting NO. MINUTE ORDER NO. 91- 198. 11. APPROVAL OF FIRST ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 24545 PYRAMIDS PROJECT LOCATED EAST O? WASHINGTON ST., SOUTH OF AVENUE 48, NORTH OF AVENUE 50 AND WEST OF JEFFERSON ST. NORTHSTAR DEVELOPMENT. In response to Council Member Sniff, Mr. Kiedrowski advised that a wire transfer of funds to keep the Development Agreement in place was made on the 21st. RESOLUTION NO. 91-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING APPROVAL OF THE FIRST ONE YEAR EXTENSION OF TIME FOR TENTATIVE TRACT 24545 TO ALLOW THE CREATION OF A 276-LOT SUBDIVISION ON A 269+ ACRE SITE. It was moved by Council Members Sniff/Franklin that Resolution No. 91-94 be adopted. Motion carried unanimously. 12. APPROVAL OF MINUTES OF NOVEMBER 19, 1991. MOTION It was moved by Council Members Bohnenberger/Sniff that the Minutes of November 19, 1991 be approved. Motion carried with Mayor Pena ABSTAINING. MINUTE ORDER NO. 91-199. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 14 December 3, 1991 CONSENT CALENDAR 1. BUSINESS SESSION NO. 12. 2. APPROVAL OF DEMAND REGISTER. 3. APPROVAL OF PARCEL MAP 26860 SOUTHEAST CORNER OF WASHINGTON AND MILES APPLICANT: A. G. SPANOS. 4. BUSINESS SESSION NO. 11. 5. ACCEPTANCE OF PROJECT NO. 91-7 AND AUTHORIZATION TO FILE NOTICE OF COMPLETION EISENHOWER MEDIAN LANDSCAPING FROM AVENIDA BERMUDAS TO CALLE COLIMA. 6. ADOPTION OF RESOLUTION APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY LOTS 1,2,3 & 4 OF BLOCK 1 OF DESERT CLUB TRACT UNIT NO. 2. 7. APPROVAL OF CONTRACT WITH HALL & FOREMAN, INC. FOR DESIGN SERVICES FOR ADAMS STREET BETWEEN HIGHWAY 111 AND AVENUE 47. 8. APPROVAL OF SPECIAL ADVERTISING DEVICE 91-018 FOR CITY OF LA QUINTA 10TH ANNIVERSARY COMMITTEE. APPLICANT: LA QUINTA 10TH ANNIVERSARY COMMITTEE. 9. APPROVAL OF PARCEL MAP 27109, NORTHEAST CORNER OF TAMPICO AND DESERT CLUB BENJAMIN & ASSOCIATES. 10. AUTHORIZATION FOR EXPENDITURE OF FUNDS NOT TO EXCEED $10,000 FOR LA QUINTA?S SHARE OF CONSULTING SERVICES RELATED TO NPDES PERMIT. 11. APPROVAL OF AGREEMENT FOR INVESTMENT SERVICES FOR BOND ISSUE, SERIES 1991. 12. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 91-468 FOR AN 8,000 SQ. FT. OFFICE BUILDING AT THE NORTHEAST CORNER OF WASHINGTON STREET AND HIGHWAY 111 IN THE FUTURE ONE ELEVEN LA QUINTA SHOPPING CENTER. APPLICANT: AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA. 13. APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE RE: FREDERICKS. MOTION It was moved by Council Members Sniff/Bohnenberger that the Consent Calendar be approved as amended with Item No. 6, being approved by RESOLUTION NO. 91-95. MINUTE ORDER NO. 91-200. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 15 December 3, 1991 STUDY SESSION 1. Preliminary Major Project Review Public Use permit 91-012 Application by Boys and Girls Club of Coachella Valley for a 24,000 sq. ft. Clubhouse and Administration Building at the Northwest Corner of 50th Avenue and Park Ave. Mr. Sawa, Principal Planner, presented the Council with an over-view of the proposed project advising that it's scheduled for consideration before the Planning Commission on December 10th. The building is 24,000 sq. ft. and includes a gymnasium, kitchen, library, computer room, offices, arts and crafts room and an area for a future pool and building. He then presented the proposed exterior materials and colors. The highest point of the building is the gym at 38'6" and the lowest is 23'. A report of Planning Commission action will be before the Council on December 17th. Reuel Young, Architect, addressed the Council describing the building, site plan, and materials. Mark Simon, advised that they currently have met their fund- raising goal with $1,056,000 in cash and pledges. They are hoping to be able to proceed with the construction plans in February. The remainder of the Study Session agenda was continued to the evening meeting. Council recessed and reconvened at 7:00 P.M. at the La Quinta Middle School. PUBLIC HEARINGS 1. LOT CLEANINGS/WEED ABATEMENTS AND PLACEMENT OF COSTS ON 1992/93 TAX ROLLS. a. Joseph Corral APN 773-334-020 b. Alice A. Lewis APN 773-084-004 $187.50 c. Sunrose Properties APN 774-045-007 $?.50 d. Michael Noll APN 774-062-017 $187.50 e. Lafern Ervin APN 774-072-013 $IB7.50 f. Joseph Kosobucki APN 774-232-019 g. San Fernando Swap Meet APN 774-233-008 $?.50 Mr. Hartung recommended that the resolution submitted be adopted. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 16 December 3, 1991 RESOLUTION NO. 91-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 91-96 be adopted. Motion carried unanimously. 2. APPLICATION BY A. G. SPANOS FOR FIRST ONE-YEAR TIME EXTENSION FOR SPECIFIC PLAN 88-012 AND TENTATIVE TRACT 23995 PROJECT CONSISTS OF A COMMERCIAL LOT, THREE MULTI-FAMILY LOTS AND 300 SINGLE FAMILY LOTS ON PROPERTY LOCATED BETWEEN WASHINGTON STREET, MILES AVE., ADAMS ST. AND THE CVWD WASH. Mr. Herman advised that the Planning Commission recommends approval of the time extension with an additional condition requiring access to be provided along the stormwater channel in anticipation of the High School for a bikepath/pedestrian path. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RESOLUTION NO. 91-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCURRING WITH ENVIRONMENTAL ASSESSMENT NO. 88- 099 AND APPROVING SPECIFIC PLAN 68-012, FIRST EXTENSION OF TIME CASE NO. SP 88-012, FIRST EXTENSION OF TIME. APPLICANT: A.G. SPANOS CONSTRUCTION, INC. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 91-97 be adopted. Motion carried unanimously. RESOLUTION NO. 91-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCURRING WITH ENVIRONMENTAL ASSESSMENT NO. 88- 099 AND APPROVING TENTATIVE TRACT NO.23995 FIRST EXTENSION OF TIME CASE NO. TT 23995, FIRST EXTENSION OF TIME. APPLICANT: A. G. SPANOS CONSTRUCTION, INC. It was moved by Council Members Bohnenberger/Rushworth that Resolution No. 91-98 be adopted. Motion carried unanimously. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 17 December 3, 1991 3. PUBLIC USE PERMIT 91-010 AND ENVIRONMENTAL DETERMINATION 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. Mrs. Bangerter advised that she was present to answer any questions. Council Member Rushworth questioned the lowest number of students they could accommodate in order to make a profit. Mrs. Bangerter said that would be hard to determine because you would have to go through a whole new scenario to be able to say what the bottom line is because for every twelve children, you have to have a teacher, liability insurance, snacks, etc. At this point, without doing a new package, she felt she could say that by eliminating Phases II and III and adding infant/toddlers into the first phase she could drop it to 150. Mrs. Bangerter continued, saying that with regard to the independent traffic study, the firm they hired was recommended to them, without any knowledge of them. She added that the 98 homes that were going in northeast of their project never elicited any concern about traffic, which would be travelling the same street. She advised that a project like this cannot be built on commercial land it would not be economical. She believed that the problem here is with perception, and everyone has a different point of view. Because of that, they were willing to accommodate the neighbors by going with Desert Hospital or make a land-trade with the City. Whatever way it goes, they are going to need help, whether it'S in waiver of fees, infrastructure, etc. Alexis Guttke, 78-540 saguaro, stated that if she's learned anything, it's how necessary it is for the citizens to take part in the process. Gary Avis, 78-710 Via Sonata, parc La Quinta Homeowner's Association, advised that they had a commissioned analysis of the traffic study performed by J. F. Davidson. John Gould, with J. F. Davidson and Associates, advised that they were asked by parc La Quinta Homeowner's Association to review the traffic study submitted by Robert Hahn and John Cain. They essentially concur with the traffic projections and methodology of analysis, which conformed to Riverside County's standards. However, they didn't feel that the study adequately addressed the local street which is designed BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 18 December 3, 1991 according to local street standards, for which the traffic projections exceed. Karen Kirk, 78?585 Saguaro, commented that this is a for- profit" operation. She also questioned the real need for the facility. June Tall, Bottlebrush, did not agree with building this commercial building at the end of her street, because she felt that it would create a dangerous traffic situation. Jim Battin, 78-760 saguaro, commented on the fact that these streets are over-due to be repaired or reconstructed and that this project will result in poor roads becoming major thoroughfares. He referred to the Planning Commission hearing in which Mrs. Bangerter stated that 150 children would barely be a break-even point and tonight she stated that she could operate successfully with 150 children. Glenda Bangerter, responded that her statement to the Planning Commission was based upon the infant/toddler still being at 30. PUBLIC HEARING CLOSED In response to Mayor Pena, Ms. Honeywell advised that based on the Council's action on December 3rd, the Council is continuing the hearing on the appeal of Jim Battin. That action was taken following a motion which failed on a 2/2 vote to uphold the appeal. Therefore, the action before the Council at this time is to deny or approve the appeal. Council Member Bohnenberger stated that he's been impressed with the Bangerters and felt that they will do a terrific job. He knew that they will be able to build their project someplace in our community and we're going to continue working with them in that endeavor. However, he will be acting to deny this application based on the impacts to the neighborhood. Mayor Pena stated that he has dealt with the Bangerters and find them to be very sincere and know that they will do a good project. However, the neighbors are also very sincere in their concerns over the traffic and he felt that those concerns override the location. This is a large school to be placed in a residential area. He felt that there will be other opportunities to site this school in our community. He agreed that child care is a concern and La Quinta has been responsive to that need. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 19 December 3, 1991 Council Member Sniff agreed that the location is not ideal and hoped that the City can assist in finding a more suitable location for this project. Council Member Franklin encouraged the residents to get behind the Bangerters to support and help them find a way in which to build this facility in La Quinta. RESOLUTION NO. 91-99 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 AND GLENDA BANGERTER, LA QUINTA LITTLE SCHOOL. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 91-99 be adopted. Council Member Rushworth commented on the direction the City is going in referring to the denial of Desert Hospital and now turning down a child care center and it appears that we're going to turn down a church. He questioned the priorities and how the Council can get together to work together on what the City needs. He agreed that these people need help and the City needs help to get these things done. Mayor Pena responded that these difficult matters that have been coming before the Council are land-use issues, which we're going to continue to face as the City grows. He noted that Desert Hospital was told that the project was wanted, but not in a residential area, as is this child care center, so that we don?t impact areas unnecessarily. Council Member Sniff concurred the issue here is location. He supported helping the Bangerters find a suitable location in a timely manner. Motion carried on the following vote: AYES: Council Members Bohnenberger, Sniff, Mayor Pena NOES: Council Members Franklin, Rushworth ABSTAIN: None ABSENT: None Mr. Kiedrowski advised that the Council has authorized the design of the reconstruction of the streets, the water system and bringing in a sewer system in the Desert Club Tract with a public hearing being planned in the spring of 1992. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 20 December 3, 1991 2. APPLICATIONS BY LANDMARK LAND CO. PERTAINING TO PROPERTY BORDERED BY 55TH AVENUE ALIGNMENT ON THE NORTH, AIRPORT BOULEVARD ON THE SOUTH, MONROE STREET ON THE EAST AND MADISON STREET TO THE WEST: a. Certification of Final Environmental Impact Report. b. General Plan Amendment 90-029 from County Residential 3A and 3B and Agriculture to City Low Density Residential. C. Change of Zone 90-054 from R-1-10,000 to R-2. d. Specific Plan 90-015 for a Proposed Residential and Golf Course Community on 265 Acres, Consisting of 1,060 Dwelling Units Along with Golf Course & Open Space Uses. Mr. Nesbit advised that this matter was before the Council previously on November 5th and there are no new issues since that time. However, he presented a new exhibit depicting signal locations. He added that the Planning Commission has recommended approval with conditions. Forest Haag, Vice President of Design and Planning with Landmark Land Co., stated that primarily, the project is an extension of the PGA West Project. PUBLIC HEARING OPENED Alan Levin, Sunrise Co., referred to Condition No. 25, which places responsibility for signalization upon the Homeowner's Association, asking that it be deleted, as he didn't believe that the California Department of Real Estate would allow it. He also referred to Condition No. 42 regarding building heights and asked that building heights be set at 24' or 25' to be consistent with PGA West. Mr. Speer, Assistant City Engineer, advised that he has conferred with the City Attorney relative to Condition No. 25 and they concur that this requirement should not be imposed. He presented revised verbiage. PUBLIC HEARING CLOSED Council Member Bohnenberger concurred with 24' height limitation. He added that if the Council wishes for this area to have equestrian trails, then it should be incorporated in this approval. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 21 December 3, 1991 RESOLUTION NO. 91-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 90-015 IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. It was moved by Council Members Sniff/Franklin that Resolution No. 91-100 be adopted as recommended. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Franklin that General Plan Amendment 90-029 be approved. Motion carried unanimously. MINUTE ORDER NO. 91-201. MOTION It was moved by Council Members Sniff f/Rushworth that Ordinance No. 197 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY WITHIN THE CITY AS DESCRIBED IN CHANGE OF ZONE CASE NO. 90-054. It was moved by Council Members Sniff/Rushworth that Ordinance No. 197 be introduced on first reading. Motion carried on the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None RESOLUTION NO. 91-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 90-015 CASE NO. SP 90- 015 LANDMARK LAND CO. It was moved by Council Members Sniff/Rushworth that Resolution No. 91-101 be adopted as amended. Motion carried unanimously. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 22 December 3, 1991 3. APPLICATIONS BY LANDMARK LAND CO. PERTAINING TO A 327-ACRE PROJECT BORDERED BY 50TH AVENUE ON THE NORTH, 52ND AVENUE ON THE SOUTH, THE ALL AMERICAN CANAL ON THE EAST AND JEFFERSON STREET TO THE WEST: a. Certification of the Final EIR as Adequate and Complete, Recognizing Over-Riding Considerations to Certain Adverse Impacts and Recognizing Significant, but Mitigatible Environmental Effects Due to Project Implementation. b. General Plan Amendment 90-031 From Low Density Residential to General Commercial on 21 Acres and From Special Commercial to Low Density Residential on 15 Acres. C. Change of Zone 90-056 From Ri, A-i-b, and C-P-S to R2 and C-P-S. d. Specific Plan 90-016 For a Proposed Residential and Golf Course Community Incorporating a Commercial Site with Approximately 320,000 sq. ft. of Commercial Space. Mr. Nesbit, Associate Planner, advised that this matter was before the Council on October 1st and was continued to give the Council a chance to review some issues that were identified at that meeting. Some of those issues were with access, commercial land use, height limits and signalization. The Planning Commission has recommended approval with conditions. Forest Haag, Vice President of Design and Planning for Landmark Land Co., advised that this project is an extension of a land use pattern that Landmark has demonstrated a great deal of success with. It is similar to PGA West and is generally an extension of the Oak Tree West Specific Plan concept and ties one of its starting golf holes out of the proposed Citrus Course Clubhouse. With the 21 acre date grove on the corner of Jefferson and Avenue 52, they saw an opportunity to solve the long-range issue of commercial property on these major hubs in the City. It is an opportunity for a neighborhood commercial center with mixed uses, i.e., market, bank, cleaners, etc. The other issue identified was the traffic issue. Council Member Franklin asked if this project can be accessed from 52nd Avenue, in expressing concern about excessive signalization on Jefferson St. Mr. Haag advised that putting the front door" on Jefferson actually facilitates the flow of traffic. Mr. Speer, Assistant City Engineer, advised that the two signals can be synchronized to operate as a single unit, which he could support. However, he did not feel there should be a full-turn access on 52nd Avenue because when the commercial center is developed, they're going to want a signal either on BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 23 December 3, 1991 Jefferson or on 52nd Avenue. In response to Council Member Bohnenberger, Mr. Nesbit stated that given the cumulative impact of all of the proposed developments in that area, it could very well support a neighborhood commercial center. Mr. Kiedrowski pointed out that given the fact that La Quinta has many part-time residents, the general rule of thumb as to how many homes are needed to support a commercial center needs to be increased. With regard to the commercial, Mr. Nesbit clarified that the options are 1) to give them the full 21 acres of commercial or give them 15 acres of commercial with the other 6 to be used for some other non-retail commercial purpose, which was the recommendation of the planning Commission. PUBLIC HEARING OPENED Mike Myers, with J. F. Davidson, addressed the Council representing a property owner in the area named Mr. Hensch, owner of Tract 26718, an adjacent tract. He expressed concern about the traffic patterns and access and how they will affect Mr. Hensch and Mr. Kanlian?s property. He saw this as an opportunity to share access. Regarding the two traffic signals, he did not agree that under any situation they could be considered as one by synchronization. He added that their project will be before the Planning Commission soon and they will be asking for a full turning movement at 51st Avenue and Jefferson. Sonny Kanlian,50-400 Jefferson, also addressed the Council on the matter of traffic patterns and access, adding that he will be coming in with a proposed project and will be asking for full turning access. He reviewed the history of his project in which he has delayed filing it in working with City staff on the access problems. He wished to see the Council further study this matter and review the traffic study which they have had done and see if something can be worked out with Landmark for a common entrance that will serve both projects. Doug Wood, Principal of Douglas Wood & Associates, advised that he wrote the Environmental Impact Report for this project for the City and wished to clarify the implication that Jefferson has not been studied. He noted that a traffic plan was prepared for this specific project, which took into consideration, the impacts of this project upon Jefferson and also the other affected roadways, but also the impacts of 15 other related projects that are anticipated to occur in the area. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 24 December 3, 1991 Alan Levin, Sunrise Co., asked that building heights be consistent with the previous approval at 24' and that Condition No. 54 regarding imposing the cost of signalization on the Homeowner 5 Association be deleted. PUBLIC HEARING CLOSED Council Member Sniff supported the recommendation of the Planning Commission for 15 acres of retail commercial with the remaining 6 acres to be used for other non-retail related uses. Mr. Speer advised that the revised condition allows for left- turn in, but only right-turn out on Avenue 52. Council concurred and also concurred on the height limitation being 24' and deletion of the signalization costs on the Homeowner 5 Association. Council Member Bohnenberger advised that he still remains concerned about access on Jefferson and the matter of coordinating access with surrounding property owners as has been requested. Mr. Speer advised that he has been a constant supporter of the General Plan in which 1/2 mile spacing is recommended between traffic signals. Council Member Franklin asked if Mr. Hensch and Mr. Kanlian can be given a left-turn in, but right-turn out, as is being given to Landmark on Avenue 52 and Mr. Speer advised that he is leaning in that direction. Council Member Bohnenberger questioned the number of lots in the other proposed developments on the west side of Jefferson and Mr. Kanlian advised about 250 if the other ten acres are included. RESOLUTION NO. 91-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 90-016 THE GROVE COURSE") IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND, RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 25 December 3, 1991 It was moved by Council Members Sniff/Rushworth that Resolution No. 91-102 be adopted. Motion carried unanimously. NOTION It was moved by Council Members Sniff/Rushworth to approve General Plan Amendment 90-031. Motion carried unanimously. MINUTE ORDER NO. 91-202. MOTION It was moved by Council Members Sniff/Rushworth to take up Ordinance No. 198 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PREZONING CERTAIN PROPERTY WITHIN THE CITY AS DESCRIBED IN CHANGE OF ZONE CASE NO. 90-056. It was moved by Council Members Sniff to introduce Ordinance No. 198 on first reading in accordance with Planning Commission recommendation. Motion carried on the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None RESOLUTION NO. 91-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING SPECIFIC PLAN 90-016 CASE NO. SP 90-016 LANDMARK LAND CO. OF CALIFORNIA. It was moved by Council Members Sniff/Rushworth to adopt Resolution No. 91-103 as amended. Council Member Bohnenberger expressed concern over Jefferson Street and Washington Street and hoped that this issue gets special consideration during the General Plan up-date. Motion carried unanimously. 4. APPLICATIONS BY LANDMARK LAND CO. PERTAINING TO PROPERTY BORDERED BY 57TH AVENUE ALIGNMENT ON THE NORTH, 58TH AVENUE ON THE SOUTH, AND BISECTED BY MADISON STREET: a. Certification of Final Environmental Impact Report. b. General Plan Amendment 90-030 from County Planned BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 26 December 3, 1991 Residential Reserve and Agriculture to City Low Density Residential. C. Change of Zone 90-055 from R-1-10 to R2. d. Specific Plan 90-017 for a Proposed Residential and Golf Course Community on 220 Acres, Consisting of 880 Dwelling Units Along with Golf Course and Open Space Uses. Mr. Nesbit described the proposed project, advising that there are no additional issues to bring forward other than those in the staff report of November 5th. He added that there are still considerations for an equestrian trail on Madison Street. Also, as a part of this project, the Council will be considering cancellation of an Agricultural Preserve Contract. Forest Haag, Vice President of Design and Planning for Landmark Land Co. advised that this plan is an extension of PGA West present land use pattern. PUBLIC HEARING OPENED Alan Levin, Sunrise Co. asked that building heights be set at 24 to be consistent with other approvals in the area and that the condition regarding responsibility for signalization being placed on the Homeowner 5 Association be deleted. PUBLIC HEARING CLOSED RESOLUTION NO. 91-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 90-017 IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND, RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. It was moved by Council Members Sniff/Franklin that Resolution No. 91-104 be adopted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Franklin that General Plan No. 90-030 be adopted in accordance with Planning Commission recommendation. Motion carried unanimously. MINUTE ORDER NO. 91-203. MOTION It was moved by Council Members Sniff/Franklin that Ordinance No. 199 be taken up by title and number only and that further reading be waived. Motion carried unanimously. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 27 December 3, 1991 ORDINANCE NO. 199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY WITHIN THE CITY AS DESCRIBED IN CHANGE OF ZONE CASE NO. 90-055. It was moved by Council Member Sniff, seconded by Mayor Pena that Ordinance No. 199 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None RESOLUTION NO. 91-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 90-017 CASE NO. SP 90- 017 LANDMARK LAND CO. OF CALIFORNIA. It was moved by Council Member Sniff seconded by Mayor Pena that Resolution No. 91-105 be adopted. Motion carried unanimously. RESOLUTION NO. 91-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND ADOPTING A NEGATIVE DECLARATION AND ADOPTING AMENDMENTS TO THE LA QUINTA GENERAL PLAN SPECIFICALLY GENERAL PLAN AMENDMENT NO. 90-029, 90-030 AND 90-031. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 91-106 be adopted. Motion carried unanimously. 5. REQUEST FOR DIMINISHMENT OF A LAND CONSERVATION CONTRACT ON A 160+ ACRE PORTION OF AGRICULTURAL PRESERVE #74 LOCATED AT THE NORTHEAST CORNER OF 58TH AVENUE AND MADISON STREET, IN CONJUNCTION WITH A DEVELOPMENT APPLICATION FOR SPECIFIC PLAN 90-017 AND CONCURRENCE WITH ENVIRONMENTAL DETERMINATION. APPLICANT: LANDMARK LAND CO. Mr. Nesbit advised that this is a request from Landmark for cancellation of a land conservation contract in conjunction with a development application for Specific Plan 90-017. He advised that staff is recommending approval. BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 28 December 3, 1991 PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RESOLUTION NO. 91-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFICATE OF TENTATIVE CANCELLATION OF A PORTION OF A LAND CONSERVATION CONTRACT FOR AGRICULTURAL PRESERVE #74 GOVERNMENT CODE SECTION 51280, ET SEQ.). It was moved by Council Members Sniff f/Bohnenberger that Resolution No. 91-107 be adopted. Motion carried unanimously. 6. TENTATIVE TRACT 26972 SUBDIVISION OF 9.6 ACRES INTO 15 SINGLE FAMILY LOTS WEST OF MADISON ST. 1/2 MILE SOUTH OF AVENUE 50 AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT APPLICANT: DR. JOSEPH DARR. Council Member Bohnenberger stated that in this area where we're talking about low and very low density, every project that has come before the Council has been challenged in respect to what has been proposed insofar as land uses and density. It seems that the City is designating the General Plan and zoning designations for this entire area on a project by project basis ahead of the General Plan up-date. He asked if it would be better to continue this and the next two public hearings until after the next General Plan Up-date meeting. He also suggested the possibility of a moratorium on this area until the General Plan revision process is completed. Mayor Pena questioned how long the General Plan up-date process is going to take. Mr. Herman advised that completion of the General Plan is slated for June 1992. Council Member Franklin preferred to have at least one General Plan discussion on this area before considering these applications. In response to Council Member Bohnenberger, Ms. Honeywell advised that the applications before the Council can be continued for a reasonable period of time. Regarding a moratorium, it could only be for 45 days, and at that time, it could be extended with a public hearing. Council Member Rushworth felt that these applicants have waited long enough and supported moving ahead with these decisions. Council Member Sniff expressed concern over a moratorium, as these applicants are expecting a prompt decision. He favored BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 29 December 3, 1991 continuing these applications until January 7th and discuss this area at the next General Plan meeting on December 11th. Mayor Pena asked the applicants if they would be agreeable to attending the meeting on December 11th to participate in the process Mike Rowe, representing the Keith Company, engineers for the Pudney and Darr applications advised that they would be willing to a continuance to January 7th. John Musial, representing Seastar, also agreed to a continuance to January 7th. MOTION It was moved by Council Members Sniff/Bohnenberger to continue the public hearing on Tentative Tract 26972 to January 7, 1992. Motion carried unanimously. MINUTE ORDER NO. 91-204. 7. TENTATIVE TRACT 27187 SUBDIVISION OF 5+ ACRES INTO 8 SINGLE FAMILY LOTS IN AN R1-20,000 ZONE ON THE?EST SIDE OF MADISON STREET AND SOUTH OF FUTURE BETH CIRCLE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT APPLICANT: GARY L. PUDNEY. MOTION It was moved by Council Members sniff/Bohnenberger to continue the public hearing on Tentative Tract 27187 to January 7, 1992. Motion carried unanimously. MINUTE ORDER 91-205. 8. 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: GENERAL PLAN AMENDMENT 91-038, CHANGE OF ZONE 91-067 AND TENTATIVE TRACT 27224. MOTION It was moved by Council Members sniff/Bohnenberger to continue public hearing on the applications of Seastar/Madison Estates to January 7, 1992. Motion carried unanimously. MINUTE ORDER NO. 91-206. STUDY SESSION 1. DISCUSSION OF DEVELOPMENT OF AFFORDABLE HOUSING IN LA QUINTA. Mr. Stockman briefly reviewed his background and advised that they are proposing to build 40 homes per year over a three- year period in the Cove and would comply with all standards in BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 30 December 3, 1991 the SR Zone. He presented some conceptual elevations advising that there would be a 1,250 sq. ft. unit priced someplace between $55,000-$80,000 for the low and very low income bracket; and a 1,500 sq. ft. unit for the moderate income bracket, under $100,000. Council generally expressed support for the concept and asked the City Manager to meet with Mr. Stockman to develop a Disposition and Development Agreement through the Redevelopment Agency to bring back to the City Council and Redevelopment Agency MOTION It was moved by Council Members Snif f/Rushworth to add authorization for out-of-State travel to the agenda noting that the need to take action arose after the posting of the agenda. Motion carried unanimously. MINUTE ORDER NO. 91-207. Mr. Kiedrowski asked that authorization for out-of-State travel be given for himself and Council Member Rushworth to attend the NLC Conference in Las Vegas December 12-14, 1991. MOTION It was so moved by Council Members Bohnenberger/Sniff and carried unanimously. MINUTE ORDER NO. 91-208. BUSINESS SESSION........CONTINUED 2. CONTINUED CONSIDERATION OF AMENDMENT TO THE MUNICIPAL CODE ADDING CHAPTER 6.12 RELATING TO REGULATION OF SMOKING IN PUBLIC PLACES. Council Member Bohnenberger suggested that the City Attorney revise the ordinance deleting any reference to restaurants and hotels and writing the rest of it with the more restrictive phrases and bring it back to the Council on December 17th. MOTION It was so moved by Council Members Bohnenberger/ Sniff and carried unanimously. MINUTE ORDER NO. 91-209. 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 Indio Case No. 62944 d. Discussion of potential property acquisition pursuant to BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02 City Council Minutes 31 December 3, 1991 Government Code Section 54956.8 Issues Relating to C. V. Recreation and Park District and potential Park Acquisition. Issues Relating to a proposed Land-Swap with Michael and Glenda Bangerter. Th ere being no further business, the meeting was adjourned. Re?ctfully su AUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-09-96-U01 11:31:38AM-U01 CCMIN-U02 12-U02 03-U02 1991-U02