Loading...
1991 12 17 CC Minutes LA QUINTA CITY COUNCIL MINUTES DECEMBER 17, 1991 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mrs. Juhola asked that Consent Item No. 1 be removed from the agenda as the Council just received it. Council Member Bohnenberger asked that Consent Item No. B be made Business Session No. 12. Council Member Franklin asked that Business Session No. 10 be discussed in Closed Session. ANNOUNCEMENTS Mrs. Juhola announced that the City's Holiday Open House will be wednesday, December 18th from 2:00 P.M. to 5:30 P.M. Mayor Pena wished everyone a happy holiday. PRESENTATIONS Mayor Pena presented Robin Merritt with a plaque expressing the City's appreciation for her service on the Community Services Commission. WRITTEN CORRESPONDENCE a. Letter from Chateau Land Development Co. regarding traffic on Park Avenue. Council Member Bohnenberger wished to see the Council reconsider the matter of traffic control devices on Tampico and Park Avenue. He suggested a 4-way stop at Tampico and Rondo, along with signage and increased patrol. Council directed staff to review this matter and report back in January. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 2 December 17, 1991 b. Letter from City of Rancho Mirage regarding Living for Your 90s Community Role Model Awards Mrs. Juhola advised that RSVP has suggested that Dr. Madge Schlotthauer who does the blood pressure testing at the Senior Center on a regular basis be nominated. She further advised that Marilyn Smith, Senior Center Coordinator, has suggested that Emma Kratz who takes responsibility for the attendance roster three times a week at exercise class and a teacher of needle work at the Senior Center be nominated. Mayor Pena noted that they are also asking the cities to sponsor a table. MOTION It was moved by Council Members Bohnenberger/Sniff that Emma Kratz be nominated for the Living for Your 90s Community Role Model Award" and approval of Sponsorship of a table. Motion carried unanimously. MINUTE ORDER NO. 91-210. BUSINESS SESSION 1. STATUS REPORT REGARDING DEFAULT ON SUBDIVISION AGREEMENTS ASSOCIATED WITH TRACTS 13640 AND 20052 LAGUNA DE LA PAZ, GLOBAL DEVELOPMENT. Mr. Reynolds advised that all that is left to be done are minor repairs to asphalt pavement on Eisenhower Drive and to finish cleanup of construction debris. Therefore, he recommended that the City not declare default on the bonds, but rather let staff continue working with the developer to complete the work. Ron Perkins, 48-213 Calle Florista, member of Board of Directors of Laguna De La Paz, advised that even though they are against any further delays, they are willing to support staff's recommendation. MOTION It was moved by Council Members Sniff/Bohnenberger to postpone any further action on this item indefinitely to allow staff to obtain completion of the remaining work by administrative means. Motion carried unanimously. MINUTE ORDER NO. 91-211. 2. CONSIDERATION OF AMENDMENT TO THE MUNICIPAL CODE ADDING CHAPTER 6.12 RELATING TO REGULATION OF IN PUBLIC PLACES. Ms. Honeywell advised that the Council has received a draft ordinance with all references to restaurants and hotels BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 3 December 17, 1991 deleted as directed by the Council on December 3rd. Where there were choices, the more restrictive phrases were chosen. Basically, the ordinance will provide regulation and no- smoking control for general public areas and for areas for employees. It isn't the strongest ordinance in effect, but municipalities have a wide variance of these types of ordinances. In enacting this ordinance, La Quinta will become a part of the general trend of municipalities in the State. Council Member Sniff felt that there is a need to address restaurant regulations in the near future. Council Member Bohnenberger hoped that within four to six months a committee comprised of restauranteurs and Chamber of Commerce can come back to the Council with a report and recommendation. Council Member Franklin advised that she has had several calls from residents who wish to address this matter who are out of town and asked that it be continued to the next meeting. Council Member Bohnenberger suggested that the Council proceed with the first reading and additional testimony can be taken at the second reading on January 7th. Council Member Sniff asked that the committee consider phasing in restrictions for restaurants so that it can become a total ban in three to five years. Council Member Bohnenberger questioned the language in Section 6.12.050 with Ms. Honeywell responding that the intent was to provide the authority for a person to totally ban smoking in a public place so they wouldn't get involved in private litigation. Sal Puglisi, 54-963 Southern Hills, expressed disappointment in hearing that restaurant regulations are not being included, as he believed that smoking in restaurants is a bigger problem than anyplace else, because you stay in a confined area for two hours or longer with little ventilation. Jerry Bogan, 54-366 Inverness, felt that all public areas need to be protected including restaurants, especially given the close proximity of people. If the Surgeon General has said that smoking is bad, then we should heed that warning. Bob Pruett, 55-769 Pinehurst, suggested that the City ask someone to investigate what affect a total ban on smoking would have on the restaurants. He felt that for each person that is run of f by the no smoking regulation, another would probably be gained by it. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 4 December 17, 1991 John Bobbitt, 80-432 Pebble Beach, concurred with all that has been said adding that he didn't feel that it would be too great a burden for people to forego smoking in restaurants. He did not wish to see restaurants excepted from the ban. Augie Romano, 54-205 Oak Hill, advised that he does not go to local restaurants because they do allow smoking. He also commented on the affects of second-hand smoke and on his experience when working for the airlines. Frank Bloom, 56-012 Pebble Beach, advised that he won't go to restaurants that don't at least have a non-smoking area. His preference is that the restaurants don't allow smoking at all, because designated areas really don't do the job. He added that a smoker has the choice of not smoking for a couple of hours during a meal, but a non-smoker doesn't have a choice of not breathing. Mayor Pena commented on the matter of second-hand smoke stating that there is a need for awareness of other kinds of second-hand that comes from fireplaces, agricultural burnings, etc. Sal Puglisi, suggested that the committee also consist of residents of the community. Regarding the comment about fireplaces, he stated that the issue here is relative to confined areas. MOTION It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 200 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 200 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 6.12 RELATING TO THE REGULATION OF SMOKING IN PUBLIC PLACES. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 200 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 Council concurred on appointment of a committee comprised of the Chamber of Commerce, restauranteurs, residents one or two who are smokers and non-smokers) and Council Member Rushworth BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 5 December 17, 1991 and Council Member Franklin to represent the Council, and to ask for a report back by the first meeting in May. 3. REPORT REGARDING REQUEST OF PROPERTY OWNERS IN AREA KNOWN AS YUCATAN PENINSULA FOR UNDERGROUNDING OF UTILITIES. Mr. Reynolds advised that Council has received a staff report and added that the costs quoted are raw" costs that administrative costs have to be added. He recommended that plans be made to add undergrounding of utilities to the assessment district when Phase V is designed and give the people an opportunity to decide. Council Member Bohnenberger commented that the costs seem quite low in comparison to the costs received from lID when Phase I was designed. John Walling, 51-260 Avenida Rubio, suspected that one of the reasons for such a difference in costs, may have to do with the fact that many of the properties in this area have already made provisions for undergrounding of utilities. Council Member Bohnenberger commented that he's also had a request from a property owner in Indian Springs for undergrounding of utilities. Mr. Reynolds advised that lID is already working on cost estimates for Indian Springs. MOTION It was moved by Council Members Sniff/Rushworth to direct staff to implement the Yucatan property owners request for undergrounding of their utilities at the appropriate time. Motion carried unanimously. MINUTE ORDER NO. 91-212. 4. REPORT OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 91- 012 AND ENVIRONMENTAL DETERMINATION TO ALLOW 24,000 SQ. FT. CLUBHOUSE, ADMINISTRATIVE OFFICES AND FUTURE OUTDOOR SWIMMING POOL AT THE NORTHWEST CORNER OF 50TH AVENUE & PARK AVENUE AND CONSIDERATION OF REQUEST FOR WAIVER OF FEES. APPLICANT: BOYS AND GIRLS CLUB OF COACHELLA VALLEY. Mr. Sawa presented staff report advising that the Planning Commission has approved the Public Use Permit in question with conditions. Reuel Young, Architect for the project, was present to answer any questions. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 6 December 17, 1991 MOTION It was moved by Council Members Bohnenberger/ Rushworth to accept the action of the Planning Commission relative to Public Use Permit 91-012. Motion carried unanimously. MINUTE ORDER NO. 91-213. Regarding the request for waiver of fees, Ms. Honeywell suggested that it would be appropriate to begin looking at the actual draft lease for the Boys and Girls Club and perhaps the matter of the fees would be more appropriately addressed in the lease agreement rather than a waiver. MOTION It was moved by Council Members Bohnenberger/ Rushworth to continue the matter of waiver of fees pending a report back from the City Attorney. Motion carried unanimously. MINUTE ORDER NO. 91-214. 5. CONSIDERATION OF APPROVAL OF STREET NAME CHANGE 91-002 OF VIA MARQUESSA TO LAKE LA QUINTA DRIVE WITHIN LAKE LA QUINTA, EAST OF WASHINGTON STREET, 3/4 MILE SOUTH OF HIGHWAY 111. APPLICANT: WILMA PACIFIC. Mr. Herman advised that the Planning Commission has recommended approval of the street name change as requested. RESOLUTION NO. 91-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION TO CHANGE THE STREET NAME VIA MARQUESSA TO LAKE LA QUINTA DRIVE. It was moved by Council Members Sniff/Franklin that Resolution No. 91-108 be adopted as submitted. Motion carried unanimously. 6. CONSIDERATION OF EXTENSION OF FEE WAIVER POLICY FOR PARCEL MERGER AND LOT LINE ADJUSTMENT APPLICATIONS. Mr. Herman advised that this program was started in 1987 to give financial incentives to residential lots in the Cove area, if they were to merge their properties. It was expanded in 1989 to waive fees when property owners in the Sewer Assessment Districts merged lots. He recommended that the program be extended to December, 1992. MOTION It was moved by Council Members Sniff/Franklin to approve an extension of the fee waivers for parcel mergers and lot line adjustment applications until December, 1992. Motion carried unanimously. MINUTE ORDER NO. 91-215. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 7 December 17, 1991 7. CONSIDERATION OF AUTHORIZATION TO NEGOTIATE WITH T. I. MALONEY FOR DESIGN AND MASTER PLAN SERVICES FOR FRITZ BURNS PARK. Mayor Pefla advised that he would be abstaining from this matter due to a conflict of interest relative to the proximity of his residence to the property in question. Mr. Bohien, Parks and Recreation Manager, advised that a Request for Proposals was sent out for design and master plan services for Fritz Burns Park and 13 proposals were received, six of which were selected to be reviewed by the Parks and Recreation Sub-Committee of the Community Services Commission. As a result of that review, the firm of T. I. Maloney is being recommended for this work. Council Member Rushworth advised that when the Fritz Burns Park Committee was meeting, there was a recommendation that Cal Poly be asked to perform these services. However, the timing wasn't right for the School. He asked if Cal Poly was considered this time. Mr. Kiedrowski advised that they were not considered, adding that this matter can be delayed and in the meantime, Cal Poly can be contacted. Council Member Rushworth felt that since timing isn't an issue here, that perhaps they should be consulted. Council Member Bohnenberger agreed that they should have been consulted, however, he did believe that timing is important. He didn't wish to see this project delayed any longer to wait for another proposal. He added that they could be contacted about design of the 18-acre park in the City's northern sphere. Council Member Franklin asked when the appropriate time will be for the Council to give input as to their ideas for the park. Mr. Bohlen advised that the appropriate time will be when the consultants conduct public hearings in cooperation with the Community Services Commission. Council Member Sniff agreed that we should move forward as quickly as possible. MOTION It was moved by Council Members Bohnenberger/Franklin to authorize the City Manager to proceed with negotiations with T. I. Maloney for design and master plan services for the Fritz Burns Park in an amount not to exceed $40,000. Motion carried with Mayor Pena abstaining. MINUTE ORDER NO. 91-216. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 8 December 17, 1991 8. CONSIDERATION OF APPOINTMENT TO COMMUNITY SERVICES COMMISSION. Mrs. Juhola advised that the Council has received the applications which were submitted last Spring with the exception of Ms. Esmeralda who withdrew her application. She also advised that the Council has received two new applications from Robert Metkus and Jill Thompson. MOTION It was moved by Council Members Sniff/Bohnenberger to appoint B. J. Seaton to the Community Services Commission. Council Member Bohnenberger asked if this shouldn't be handled as it has been in the past and Council concurred. Council Member Sniff withdrew his motion. Council concurred on selecting only from the previously submitted applications and retaining the two new ones for future consideration. The City Clerk passed out ballots for the Council to use in voting for the applicant of their choice. Mrs. Juhola advised that B. J. Seaton received three votes. Ms. Honeywell noted that those ballots are retained as a matter of public record. MOTION It was moved by Council Members Sniff/Bohnenberger that B. J. Seaton be appointed to the Community Services Commission to fill the term expiring June 30, 1993. Motion carried unanimously. MINUTE ORDER NO. 91-217. 9. CONSIDERATION OF CONSTRUCTION MANAGEMENT SERVICES FOR CIVIC CENTER PROJECT. Mr. Kiedrowski advised that at the last Council Meeting, the Council asked that the contract with Harris and Associates be reviewed by the City Attorney. Ms. Honeywell advised that she decided to use a form of contract which her firm uses, which was approved by both City Engineer, Mr. Reynolds and Mr. Parmley with Harris and Associates. She added that she believes that it meets both sides expectations insofar as the business points that were discussed. Jim Parmley, Vice President with Harris and Associates, was present to answer any questions adding that they have no objections to the contract and they can provide the errors and omissions insurance. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 9 December 17, 1991 James Dunphy, a General Contractor, advised that he has submitted a proposal to the City for construction management services, which he believes is all-inclusive, fixed-fee, no time-limit and even has a 10% over-ride of the original contract with the General Contractor that would be all- encompassing. Council Member Bohnenberger asked Mr. Dunphy what other public projects has he performed similar services for. Mr. Dunphy advised that all of their work, other than the one they're currently doing for Ronald McDonald House has all been private. He believed that a public agency has the same requirement as a private agency. Council Member Bohnenberger advised that he has reviewed both proposals and commented on the extensive background of Harris and Associates and the work that they've done for public agencies. He added that Harris and Associates brought Dublin Civic Center in at 2% over contract, which he felt is commendable. Mayor Pena advised that he has called around and found that the contract submitted by Harris and Associates is not outrageous or over-stated. He also called people who have used Harris and Associates and they were all impressed with their services. MOTION It was moved by Council Members Bohnenberger/ Rushworth to approve the contract with Harris and Associates for Construction Management Services for the Civic Center Project. Motion carried with Council Members Franklin and Sniff voting NO. MINUTE ORDER NO. 91-218. 10. CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACT FOR PUBLIC WORKS DIRECTOR/CITY ENGINEER. Continued to Closed Session. 11. SECOND READING OF ORDINANCES: 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/Bohnenberger to adopt Ordinance No. 196 on second reading. Motion carried by the following vote: BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 10 December 17, 1991 AYES: Council Members Bohnenberger, Franklin, Sniff, Mayor Pena NOES: Council Member Rushworth ABSTAIN: None ABSENT: None 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/Bohnenberger to adopt Ordinance No. 197 on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 198 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. 90-056. It was moved by Council Members Sniff/Bohnenberger to adopt Ordinance No. 198 on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 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 Members Sniff/Bohnenberger to adopt Ordinance No. 199 on second reading. Motion carried by the following vote: BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 11 December 17, 1991 AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 12. APPROVAL OF COOPERATIVE AGREEMENT WITH CALTRANS REGARDING IMPROVEMENTS TO HIGHWAY 111. Council Member Bohnenberger stated that he understood that the City had everything it needed from Caltrans in order for TDC to proceed with their street improvements from Washington to Adams. Mr. Speer advised that the Cooperative Agreement arrangement is Caltrans method in getting the City involved. All we have at this point is a concept study that lays out what the project is to look like. Now, we?re at a point where the construction drawings are to be prepared, and right of way is to be acquired at the northwest corner of Washington and Highway 111. The Cooperative Agreement establishes that we will do it by their method. In response to Council Member Bohnenberger, Mr. Speer advised that the money $417,000, or unspent amount) is at risk if we do not award a construction contract within five years after signing this agreement. Council Member Bohnenberger felt that at some point in the future, we should investigate the matter of taking over jurisdiction of Highway 111 within out City limits. Les Cleveland, Executive Director of CVAG, addressed the Council advising that they have been involved in many discussions with Caltrans and have been told that there cannot be a break in the Highway all of the cities along the highway would also have to agree to take it over. However, the one solution being considered is a trade with the State, in that they would take over the parkway and have Highway 111 be on 1-10 and when the new Highway 86 is through, where it intersects around Avenue 62, there will be a continuous route for Highway 111. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 12 December 17, 1991 RESOLUTION NO. 91-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, RESOLVING TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATED TO DESIGN AND RIGHT OF WAY ACQUISITION ACTIVITIES FOR THE PROPOSED WIDENING OF STATE HIGHWAY 111 BETWEEN POINT HAPPY AND ADAMS STREET. It was moved by Council Members Bohnenberger/Sniff? that Resolution No. 91-109 be adopted. Motion carried unanimously. CONSENT CALENDAR 1. REMOVED. 2. APPROVAL OF DEMAND REGISTER. 3. ADOPTION OF RESOLUTION ESTABLISHING TRAFFIC CONTROL FOR BOB HOPE CHRYSLER CLASSIC JANUARY 15-19, 1992. 4. ADOPTION OF RESOLUTION ACCEPTING PASSES TO BOB HOPE CHRYSLER CLASSIC JANUARY 15-19, 1992. 5. APPROVAL OF MULTI-HAZARD FUNCTIONAL PLAN. 6. ADOPTION OF REVISED RESOLUTION AMENDING COUNCIL?S RULES OF PROCEDURE RELATIVE TO AGENDA FORMAT. 7. APPROVAL OF REDUCTION IN SECURITY FOR WATER AND SEWER SYSTEM IMPROVEMENTS TO TRACT 24890 PHASES 1-6, THE CITRUS, J. M. PETERS. 8. CONSIDERED AS BUSINESS SESSION NO. 12. 9. AWARD OF BID FOR PROJECT NO. 91-13 REALIGNMENT OF 52ND AVENUE. 10. APPROVAL OF REQUEST FOR TEMPORARY STREET CLOSURE A PORTION OF AVENIDA VALLEJO ON DECEMBER 31, 1991 FROM 7:00 P.M. TO 1:00 A.M. 11. APPROVAL OF APPROPRIATION TRANSFER FROM GAS TAX FUNDS TO STREET REPAIR ACCOUNT. MOTION It was moved by Council Members Bohnenberger/Sniff to approve the Consent Calendar as recommended with Items No. 3,4 & 6 being approved by RESOLUTION NOS. 91-110, 91-111 AND 91-112 respectively. Motion carried unanimously. MINUTE ORDER NO. 91-219. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 13 December 17, 1991 STUDY SESSION 1. Report of Les Cleveland Regarding CVAG's Current Activities. Mr. Cleveland advised that he plans to visit each City Council on a regular basis to present up-dates and improve communications. He gave the following update: They have just received funding for AB939 program from Riverside County Department of Waste Management, so they are now underway to implement the program. They have retained a consultant for the NPDES Program regarding stormwater run-off. South Coast Air Quality Management District is beginning to implement some experimental programs with regard to PM1O. Just received a $150,000 grant from SCAQMD using the Share Funds. They will be asking for some matching funds in the near future. Growth Management Program the two COG'S have created a task force at the County level to respond to the County's Growth Management Plan. They have received $1.7 million for five years to do substance abuse programs in Coachella valley. Street improvement programs are underway utilizing the Measure A" funds. Council expressed appreciation for the report. 2. Discussion of Resolution Relating to Procedures for Service Contracts Pursuant to Municipal Code Section 3.12.280. Ms. Honeywell advised that Council directed her to prepare a draft resolution to implement procedures for service contracts. The report and resolution are intended as one idea to stimulate discussion which will facilitate the drafting of a final resolution that can be presented to the Council for adoption. She noted that there are not many legal restraints the Council needs to feel that they are dealing with the most qualified firm for which you can make a reasonable agreement. In response to Mayor Pena regarding Section 3(a), Ms. Honeywell advised that it refers only to contacts in excess of $200,000 and the reviewing committee can consist entirely of staff or a combination of staff and Council. Council Member Sniff wished to see this matter placed as a Business Session item on an agenda as quickly as possible. He felt that it would establish a reasonable, orderly, consistent means of making selections. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 14 December 17, 1991 Council Member Bohnenberger stated that he favors maintaining as much flexibility in these matters as possible, adding that when a Specific person is doing a good job, he could see no reason to make a change and he felt that this procedure would force the City to go out for new proposals. Ms. Honeywell suggested a section that says where an existing service contract is in place and everyone believes that it?s being performed adequately, that it can be considered the most qualified firm without going through the process. Council Member Sniff did not wish to see that section, as conditions change. 3. Discussion of Development of The village at La Quinta. Mayor Pena advised that for the past couple of months, the Commercial Development Task Force of the Chamber of Commerce has been meeting and proceeded to present some of the concerns that have been raised. With regard to the lack of lighting, Mr. Kiedrowski advised that he has ordered a street light for Tampico and Washington and asked if there are any objections. There were none. Council also discussed the matter of trash enclosures and Mr. Kiedrowski presented the Council with a draft letter that will be sent to all businesses which are not complying. DEPARTMENT REPORTS Council Member Bohnenberger questioned the status of sidewalks along Bermudas. Mr. Kiedrowski advised that he will report back on this matter. Council Member Bohnenberger questioned the Status of the Senior Center and Mr. Kiedrowski advised that the Architect will be making a presentation of the conceptual plan at the January 7th Council meeting. Council Member Bohnenberger advised that he would like for the Council to review the architectural design of the library, if and when the funding is received. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 15 December 17, 1991 Mrs. Juhola asked the Council if they still wish to have a study session scheduled with the Community Services Commission and Design Review Board. Council asked that a study session with the Community Services Commission be scheduled in February. COUNCIL RECESSED UNTIL 7:00 P.M. PRESENTATIONS Mayor Pena presented the following La Quinta Beautiful Awards: Most Beautiful: Fred & Verna Loeffler, 52-990 Avenida Alvarado Most Improved: Rod & Rhonda Knight, 51-765 Avenida Navarro PUBLIC HEARINGS 1. REVISED POLICIES AND USER FEES FOR LA QUINTA PARKS. Mr. Bohlen presented the staff report advising that the schedule presented is in accordance with Council?s previous discussions in Study Session. PUBLIC HEARING OPENED Mike Hudson, 51-044 Washington St., expressed concern that the schedule appears to place the residents as third in priority for the use of the parks. He also expressed concern about one person being able to monopolize the tennis courts. Mayor Pena advised that a priority use schedule is needed in the case of multiple applications for the same date and time. PUBLIC HEARING CLOSED In response to Mayor Pena, Ms. Honeywell advised that language can be included to state that the tennis courts would not be allowed to be used for commercial purposes. Mr. Bohlen advised that he hoped to move towards leisure enrichment contracts within about six months in which an agreement will hopefully be arrived at with a tennis pro in which the pro and the City will receive pre-determined percentages of the profit. Council Member Sniff questioned the value of adding a clause that all parks are to be used for recreational uses only unless approved by the City Council. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 16 December 17, 1991 Ms. Honeywell suggested that we may wish to operate with this policy to see how it works and then evaluate it. Council concurred. RESOLUTION NO. 91-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE POLICIES AND FEE SCHEDULE FOR THE USE OF FACILITIES OF CITY PARKS AND RECREATION AREAS AND RESCINDING RESOLUTION 91-41. It was moved by Council Member Sniff, seconded by Mayor Pena that Resolution No. 91-113 be adopted. Motion carried unanimously. 2. SPECIFIC PLAN 83-001, AMENDMENT #1 AND TENTATIVE TRACT 25389 TO AMEND A CONDITION OF APPROVAL RELATING TO MAXIMUM HEIGHT OF BUILDINGS PROPERTY LOCATED EAST OF WASHINGTON ST. BETWEEN 50TH AVE. AND CALLE TAMPICO EXTENSION AND CALLE RONDO AND ADAMS STREET ALIGNMENT. APPLICANT: M. J. BROC? & SONS. Mr. Herman advised that the applicant has requested an amendment to their Specific Plan to allow two-story units along the east, west and south property boundaries. The Planning Commission has reviewed their request and has recommended that the number of two-story units be limited. Mr. Herman presented a map depicting the decision of the Planning Commission as to the number of two-story units to be allowed along each boundary. PUBLIC HEARING OPENED en Ayers, 3380 Shelby St., Ontario, representing Brock Homes, addressed the Council and presented a brief review of their background the kind of tract they?re building. Mike Rowe, 39-865 Boardwalk, Palm Desert, representing the Keith Companies, Engineers, stated that the difference in height between the single-story and the two-story is only five feet, so it appears that the problem is apparently more of a privacy issue than a height issue. He then reviewed the orientation of the units. He asked for approval of a minimum of 50% of the units to be two-story. He then explained the current market, advising that single-story units are not selling. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 17 December 17, 1991 Council Member Rushworth supported the Planning Commission recommendation. RESOLUTION NO. 91-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 83-001, AMENDMENT #4 DUNA LA QUINTA") CASE NO. SPECIFIC PLAN 83-001, AMENDMENT #4 M. J. BROCK & SONS, INC. It was moved by Council Members Sniff/Rushworth that Resolution No. 91-114 be adopted in accordance with Planning Commission recommendations. Motion carried unanimously. RESOLUTION NO. 91-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT 25389, FIRST EXTENSION OF TIME, CONDITION OF APPROVAL AMENDMENT CASE NO. TENTATIVE TRACT 25389 FIRST EXTENSION OF TIME, CONDITION OF APPROVAL AMENDMENT M. J. BROCK & SONS, INC. It was moved by Council Members Sniff/Franklin that Resolution No. 91-115 be adopted in accordance with Planning Commission recommendations. Motion carried unanimously. 3. SPECIFIC PLAN 90-020, PARCEL MAP 26471 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 AND 53RD AVENUES AND AT THE SOUTHEAST CORNER OF MADISON STREET AND 52ND AVENUE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: STUART ENTERPRISES, LTD. Mr. Sawa advised that these applications have previously been reviewed by the City Council and was continued to this date. The applicant has filed a Specific Plan application in order to allow him to develop the land in a manner which is not exactly in conformance with the General Plan. Under the Specific Plan requirements, the City does allow averaging of densities over a certain area of land. This particular area is designated Low Density Residential 2-4 dwelling units/acre) and very Low Density Residential 0-2 dwelling units/acre). Because of their desire to develop the Very Low Density area higher than 2 units/acre, a Specific Plan was filed over the entire area to allow for the averaging. Mr. Sawa advised that the Council is also considering three other applications for this area under the names of Darr, Pudney and Seastar. They were also continued because of a BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 18 December 17, 1991 concern the Council had for the Annexation No. 5 area, in which this particular property is also located. Those applications were continued to the January 7, 1992 meeting. Therefore, staff felt that it would be appropriate to also continue this application to that meeting so that all applications for this area can be considered concurrently. Mr. Sawa added that when the Planning Commission considered this application, they recommended that all lots be a minimum of 10,000 sq. ft., which is not what the applicant had originally proposed. Some of the lots proposed are as small as 7,200 sq. ft. Council Member Franklin referred to the comment made in the background report regarding commitments made at the time of annexation and asked for clarification. Mr. Sawa advised that there were statements made that the City understood the property owners desire that the area develop in the way the County had it zoned at that time, which is why the area was prezoned consistent with the County's zoning. PUBLIC HEARING OPENED Jack McGinty, 80-820 Vista Bonita, President of Green Valley Homeowner's Association, stated that the General Plan designations being discussed in the General Plan Up-Date meetings, make no changes to the original, existing General Plan which provides for R-l-20,000 in the area known as Vista Santa Rosa. He did not believe that the plans set the tone and character for the area, noting that Green Valley Ranches and adjacent properties are in an equestrian overlay with 1 1/2 acre lots. They are contiguous to one of the largest polo complexes in the United States and the site of international balloon races and social events which he believes sets the tone for the entire area. Additionally, the City has a definitive plan for building an equestrian trail on Madison. The proposed Vista Santa Rosa housing is a stack style'? housing with no green spaces and is unlike any existing project in the area. He also felt that because of the proposed Mello-Roos financing, that the home prices will be lowered, thereby attracting young families with children that will impact the Coachella School District. He also addressed the traffic impacts from this project. Jack Laney, 80-800 Vista Bonita, stated that he purchased a lot in Green Valley and jointly purchased another, and when Steve Brummel's project was approved for 25 units on 35 acres, he was convinced that the tone of the area was such that he should go forward in building a home. He proceeded to build an 8,000 sq. ft. home. He believed that if the area Starts to develop with maximum density housing, there will no longer be BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 19 December 17, 1991 any development on these larger lots. He added that some of the property owners have decided not to build on their large lots until this matter is resolved. Al McCandless, 55-940 Pinehurst, advised that he has a personal interest in the area, as he has purchased a lot in Green valley Estates for retirement purposes. He noted that the Section bounded by Madison, Monroe, Avenues 50 & 52 are dedicated to recreation, i.e, polo grounds. The Section to the west, between Avenues 50 & 52 include Green valley and a part of the Citrus Golf Course Complex with dwelling units, which will be part of a planned development" with open space golf course) around it. Therefore, when talking about averaging, it should be looked at from that point of view. He felt strongly about this area noting that it has a future that would be unique in the Coachella valley and contribute materially to recreation beyond that of golf courses and other activities that are already a part of the existing environment. He understood that there was going to be a complete review of the area before moving ahead with any project approvals. He urged the Council to continue with their study of the area. Craig Bryant, 281 San Remo, Palm Desert, representing the applicant, advised that this is a low density' project of 3.4 units/acre and is in accordance with the existing and the two proposed alternate General Plan configurations. The pattern for this project has been established its boundary to the northwest, by a project of 4 units/acre and to the south by projects of 4 units/acre. They are asking for nothing more than what has been allowed in this area. The open space in their project exceeds that of the three recently approved Landmark Projects. He stated that Avenue 52 is destined to become the busiest east/west arterial in the City, second only to Highway 111, which by itself, provides a significant buffer to Green valley. Therefore, he felt that their project fits well with future traffic densities and the zoning and planning requirements. Their project represents a well-designed, well- thought-out development and provides for low density, open space and green belts. Regarding the recommended conditions, he asked that amendments be made to Condition No. 4 relating to maximum building heights; No. 30 & 31 relating to minimum lot sizes to reflect staff recommendation of minimum of 8,000 sq. ft. in six villages and 7,200 sq. ft. minimum in one village, but in no case, can the density exceed 3.4 units/acre; and No. 13 relating to the flat-tailed horned lizard to require such an assessment only if the State Dept. of Fish & Game has determined that the flat-tailed horned lizard to be threatened or endangered. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 20 December 17, 1991 PUBLIC HEARING CLOSED Council Member Bohnenberger advised that two weeks ago he suggested tabling the other proposed projects for this area indefinitely, until there has been an opportunity to Study the Annexation No. 5 area comprehensively from the standpoint of surrounding land uses and what is being envisioned for the area. He expressed disappointment with the lack of discussion that transpired at the last General Plan Up-Date meeting regarding this area. Therefore, he could not move to do anything on this application, except to asked that action on all applications for this area be continued until those discussions have taken place and a decision is made as to what the City intends for this area. Council Member Franklin questioned what more could have been done in the absence of input from the audience at that meeting and the fact that nothing was forthcoming from the Council as to what is wanted in terms of character. She felt that this applicant is deserving of a decision. Mayor Pena felt that there are two issues here, one of density and one of character. While he never considered 3 units/acre to be high density, that may be the perception in this particular area. Council Member Sniff felt that rather than delay this application indefinitely, that the Council have a study session to discuss only this area, as he didn't feel that it's fair to the applicant to continue delaying action. Council Member Bohnenberger expressed concern that these kinds of decisions cannot be made in one meeting. He felt that it needs to be done as part of the General Plan Up-Date. Mayor Pena felt that some consensus can be arrived in such a meeting. In response to Council Member Sniff, Mr. Herman advised that the General Plan is tentatively scheduled for completion by the end of June. MOTION It was moved by Council Member Bohnenberger to continue consideration of Specific Plan 90-020 and Parcel Map 26471 until after completion of the General Plan Up-Date. Ms. Honeywell advised that legally, it cannot be continued for that length of time. The motion would basically be to adopt an urgency ordinance to stop all approvals in that area until the completion of the General Plan Up-Date. BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 21 December 17, 1991 Mayor Pena stated that he couldn't support a moratorium at this point for six months. Council Member Bohnenberger stated that the City has an opportunity to plan in this area, something that is unique in the Coachella valley, that is a continuation of the character that exists there today and to plan this area as to what it's going to look like 40-60 years from now. If it takes 4-6 months to put that planning into it, to insure that the area will retain that character, then he felt that 6 months is worth waiting for. Council Member Rushworth felt that it's nice to have such goals in mind to plan a lot of open space and equestrian uses, but he did not think that it's practical, in citing a situation in Mann County. On the other hand, he didn't wish to see this kind of density in an area with very low density. Motion died for lack of a second. MOTION It was moved by Council Members Sniff/Franklin that Specific Plan 90-020 and Parcel Map 26471 be continued to January 7, 1992. Discussion ensued regarding the need for a study session to discuss this area, with the Council concurring on continuing this matter to January 21st and schedule a meeting in the interim with a written agenda with input from everyone concerned. Council Member Sniff withdrew his motion. MOTION It was moved by Council Members Sniff/Franklin that Specific Plan 90-020 and Parcel Map 26471 be continued to January 21, 1992. Motion carried unanimously. MINUTE ORDER NO. 91-220. CLOSED SESSION a. Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Landmark Bankruptcy Proceedings b. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) City of Indio Indio Case No. 62944 c. Discussion of personnel pursuant to Government Code Section 54957 d. Discussion of potential property acquisition pursuant to Government Code Section 54956.6 Issues relating to a proposed land-trade with Michael and Glenda Bangerter BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02 City Council Minutes 22 December 17, 1991 Council reconvened. It was moved by Council Members Bohnenberger/Rushworth that the professional Services Contract for public Works Director/City Engineer" be approved subject to City Attorney review and modification for conformance with PERS requirements Business Session Item No. 10). There being no further business, the meeting was adjourned. RetectfullY submitted, A, City Clerk City of La Quinta, California BIB] 02-09-96-U01 11:34:26AM-U01 CCMIN-U02 12-U02 17-U02 1991-U02