1990 03 20 CC Minutes] LA QUINTA CITY COUNCIL
MINUTES
MARCH 20, 1990
Regular meeting of the La Quinta City Council was called to
order at the hour of 7:00 P.M. by Mayor Pena, followed by the
Pledge of Allegiance.
PRESENT: Council Members Bohnenberger, Rushworth, Sniff, Mayor
Pena
ABSENT: Council Member Bosworth
CONFIRMATION OF AGENDA
Mr. Kiedrowski asked that the following items be added to the
Business Session Agenda:
5. Authorization of Appropriation for Traffic Signal Design
one by the school and the other on Washington St.
6. Consideration of General Fund Reserve Appropriation to
Contingency Account.
7. Consideration of Low-Moderate Set-Aside Program.
MOTION It was moved by Council Members Sniff/Rushworth that
items 5, 6 & 7 as outlined be added to the Business Session
Agenda, noting that the need to take action arose after the
posting of the agenda. Motion carried unanimously.
ANNOUNCEMENTS
Tom Freeman, Emergency Services Coordinator for Riverside County
introduced himself to the Council advising that he will be
working with the City.
PUBLIC HEARINGS
1. PUBLIC HEARING ON SPECIFIC PLAN 89-014 FOR A COMMERCIAL
SHOPPING CENTER WITH APPROXIMATELY 618,000 SQ. FT. OF FLOOR
AREA ON 60 + ACRES AND ACCEPTANCE OF PLANNING COMMISSION
REPORT OF ACTION FOR PLOT PLAN 90-434 TO ALLOW CONSTRUCTION
OF PHASE I & III OF THE PROJECT FIVE MAJOR STORES AND
RETAIL SHOPS) IN THE C-P-S ZONE AND CONFIRMATION OF
ENVIRONMENTAL DETERMINATION. PROPERTY IS BOUNDED BY
WHITEWATER STORM CHANNEL; HIGHWAY 111; ADAMS AND WASHINGTON
STREET. APPLICANT: TRANSPACIFIC DEVELOPMENT CO.
Mr. Herman presented staff report advising that Phase I
consists of a grocery store, drug store, a major and some
smaller shops and Phase III at Adams and Highway 111
consists of a Walmart Store. He briefly reviewed the
proposed projects.
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The Planning Commission and Design Review Board have
reviewed this application and both recommend approval
subject to various conditions. There was discussion
regarding the proposed elevations of the Walmart building.
PETER ADAMS, President of Transpacific Development Co.,
addressed the Council advising that Michael Shovlin is a
partner in the project. They have been working on this
project for about a year and have about $3,500-$4,000 per
day into it. Their approach to the project has been to
fulfill the desires of the City as expressed in the Highway
ill Corridor Specific Plan. They're plan is for a regional
center that would draw from other areas.
RICK MANNERS, representing MCGR, the architects for the
project reviewed the site plan and elevations. He advised
that Phase I is basically a neighborhood center" a
market, drug center with outlying pads and Phase III is more
of a power" center with anchor tenants and free-standing
pads. The parking provided is 5 per 1,000 when built out.
There is 50' of landscaped area on Highway 111, including a
low wall and landscaped berm to screen parking from the
street. Three theme plazas" seating, and landscaping are
planned. He then described the elevations as having a
southwest theme.
GEORGE PARMETER, representing Barton Ashton, Assoc., Traffic
Consultant, advised that the major consideration was that
this center be an easy place to get in and out of. He then
explained the circulation advising that there is a signal
planned at Simon Drive and at Adams and one in between.
They are planning an additional lane on Highway 111 in
addition to the three lanes) for ingress and egress. They
are requesting a left-turn lane southbound on Washington to
allow access to the western area of the center but limiting
a right-in and right-out from Washington.
PETER ADAMS presented their time schedule advising that they
hope to get approval soon and are anticipating closing with
the anchor tenants in May or June and start construction at
the same time and begin opening in December or January. He
added that Payless has stated they would have to reconsider
if they don't get the left turn on Washington. They are
also working with Albertsons and they are ready to begin
working drawings, however, they too, feel it's important to
have a left-turn on Washington. He advised that they are
going to be requesting a development agreement with the City
so that they have a vested right in the project and will be
discussing participation with regard to infrastructure
costs. Regarding Condition No. 29, he advised that they
plan to put a fountain in the theme plaza and asked that the
word art work" be replaced with fountain. Regarding No. 44,
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he asked that it be deleted. Regarding No. 68, he advised
that there is a 2 1/2 acre parcel on the other side of the
storm channel which they own and will be dedicating it to
the Coachella Valley Water District and Imperial Irrigation
District.
With regard to the Walmart design, they have not officially
approved what was approved by the Planning Commission.
Finally, Mr. Adams asked for a continuance to the next
meeting in order to finalize some environmental work for
Caltrans
In response to Council Member Bohnenberger, Mr. Adams
advised that all frontage improvements on Highway ill will
be completed at once and there will be a connection between
Phase I and Phase III on-site.
Council Member Bohnenberger commented on a recent ruling by
the South Coast Air Quality Management District eliminating
drive-thrus and Ms. Brady believed that it goes into effect
in 1991, but would check on it.
The Mayor declared the public hearing oPEN.
GARY BEALS, 891 Via Monte Vista spoke in favor of the
project. He advised that a recent survey clearly shows that
we need to add retail in the City.
MOTION It was moved by Council Members Sniff/Rushworth
that this matter be continued to April 3, 1990. Motion
carried unanimously. MINUTE ORDER NO. 90-24.
2. PUBLIC HEARING ON TENTATIVE TRACT 25237 FOR RE-SUBDIVISION
OF TRACT 14496-6 AND 14496-7 CONSISTING OF 26.81 ACRES, INTO
54 SINGLE FAMILY LOTS LOCATED ON THE NORTH SIDE OF AVENIDA
FERNANDO ABOUT 1/4 MILE WEST OF EISENHOWER DRIVE AND
CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: LA
QUINTA JOINT VENTURE.
Mr. Herman presented staff report advising that this is an
application for re-subdivision of a previously approved
tract. It proposes 54 single family lots for custom home
development. The entry is from Avenida Fernando 250+ feet
west of Obregon. The proposed map shows the current
guardhouse/gate on Fernando relocated to approximately 85
feet west of Obregon.
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The Planning Commission has reviewed this Map and recommends
approval with conditions and findings. Some of the
conditions were modified such as allowing 24' high
buildings; and incorporation of time limits as to
implementation of condition regarding gates in Specific Plan
121-E. It now requires the development, within six months
after issuance of a grading permit to move the Fernando gate
and three months after issuance of a grading permit to
install the Obregon emergency gate. The particular location
of the gate on Obregon was not identified and is subject to
future review.
The purpose of the emergency gate on Obregon is to try to
alleviate some of the traffic problems at the intersection
of Eisenhower and Montezuma; to reduce the stacking at the
gate and to require the employees of La Quinta Hotel to use
the Fernando gate.
In response to Council Member Bohnenberger, Mr. Herman
advised that these gates were not included as part of the
original approval. The gates have to be required to be
consistent with Specific Plan 121-E.
TOM HILL, representing La Quinta Joint Venture addressed the
Council advising that the proposal is for 54 single family
lots averaging 15,500 sq. ft. most of which border the golf
course, lake or mountains. There are 5 interior lots. In
the design of the project, they have included moving the
gates. The Obregon gate is not site-specific at this time,
although it will go on the property line between the
existing Santa Rosa Cove Homeowner 5 Assoc. property and
Landmark.
The Mayor declared the public hearing OPEN.
BUBBA LLOYD, 77-313 Mazatlan, representing the Santa Rosa
Cove Homeowner's Assoc. advised that they are still having a
security problem and cited some instances when residents had
things stolen and understood that the Hotel has also had
some similar instances. They opposed giving the developer
90 days to install the Obregon gate. They asked that the
gate go in before they are allowed to start construction.
RICHARD FREDERICKS, 49-875 Obregon, reviewed some of the
history of his property. He said that he was told that the
gate would be to the north of his property and now he finds
that the gate is proposed to go in south of his property,
which he finds intolerable. He advised that his property is
not a part of the hotel and not a part of Santa Rosa Cove
he bought it with the understanding that he would have
ingress and egress. On purchase, he was guaranteed, and
Chicago Title insisted, that Landmark guarantee that
access.
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ANN MELVIN, 77-127 Villa Huerta, advised that La Quinta
Hotel has now made the Tennis Club a public restaurant and
they come in through the front gate and have complete access
to all of Santa Rosa Cove.
JUDY BLUME, 76-941 Mazatlan, commented that the location of
the gate is not yet site-specific and believed that it
should be on Landmark land.
TOM HILL stated that the Obregon gate isn't going to do
anything for security it's only a traffic diversion. It's
a condition of approval it only goes in if they develop.
There being no one else wishing to speak, the hearing was
CLOSED.
In response to Mayor Pena, Ms. Brady advised that the
conditions in the Specific Plan, gives the Council the
ability to place reasonable conditions on the development of
the property as long as there is a relationship.
In response to Council Member Sniff, Ms. Brady advised that
the City cannot require installation of the gate until the
developer has a vested right at the time they obtain a
building permit.
Mr. Fredericks advised that he will oppose this.
Ms. Brady suggested striking the last sentence of Condition
#29 as she wasn't sure it was legally binding.
Mayor Pena question the reason for Condition #28 and Mr.
Herman advised that The Enclave is limited to 22' and
2-story and this condition establishes consistency.
RESOLUTION NO. 90-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING THE ENVIRONMENTAL DETERMINATION AND
GRANTING APPROVAL OF TENTATIVE TRACT 25237 TO ALLOW THE
CREATION OF A RESIDENTIAL LAND SALES SUBDIVISION. CASE NO.
TT 25237 LA QUINTA JOINT VENTURE.
It was moved by Council Members Rushworth/Bohnenberger that
Resolution No. 90-23 be adopted deleting the last sentence
of Condition No. 29. Motion carried unanimously.
Council Member Bohnenberger noted that if this Tract Map had
not been approved, La Quinta Joint Venture would have the
right to come in and develop under the conditions of the
prior tract and not build any gates.
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3. PUBLIC HEARING ON REVISION TO TITLE 9 OF THE MUNICIPAL CODE
REVISING CHAPTER 9.160 OFF-STREET PARKING" AND CONFIRMATION
OF ENVIRONMENTAL ASSESSMENT. ZOA NO. 89-012).
Mr. Herman presented staff report advising that the proposed
ordinance gives the City greater flexibility in determining
off-street parking. It also provides specifics as to
landscaping of parking areas; design and dimensions, etc.
The Planning Commission has reviewed it and recommends
approval.
The Mayor declared the public hearing OPEN.
There being no one wishing to speak, the hearing was CLOSED.
MOTION It was moved by Council Members Sniff/Bohnenberger
to take up Ordinance No. 167 by title and number only and
waive further reading. Motion carried unanimously.
ORDINANCE NO. 167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE MUNICIPAL CODE BY
REPLACING CHAPTER 9.160 WITH NEW REGULATIONS.
It was moved by Council Members Sniff/Bohnenberger that
Ordinance No. 167 be introduced on first reading. Motion
carried by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: Council Member Bosworth
4. PUBLIC HEARING ON REVISION TO TITLE 9 OF THE MUNICIPAL CODE
TO ELIMINATE ZONES WHICH ARE NOT USED AND CONFIRMATION OF
ENVIRONMENTAL ASSESSMENT.
Mr. Herman advised that the zones being recommended for
deletion are County Zones which are no longer used in the
City.
Council Member Bohnenberger commented that there has been
discussion regarding a natural asset zone" and guestioned
our current designation for such area. Mr. Herman advised
that it is Open Space" under the General Plan and Hillside
Conservation" under the Zoning Code.
The Mayor declared the public hearing OPEN.
There being no one wishing to speak, the hearing was CLOSED.
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MOTION It was moved by Council Members Sniff/Bohnenberger
that Ordinance No. 168 be taken up by title and number only
and that further reading be waived. Motion carried
unanimously.
ORDINANCE NO. 168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE MUNICIPAL CODE. CASE
NO. ZOA #90-013.
It was moved by Council Members Sniff/Bohnenberger that
Ordinance No. 168 be introduced on first reading. Motion
carried by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: Council Member Bosworth
WRITTEN COMMUNICATIONS
a. LETTER FROM COACHELLA VALLEY MOUNTAINS TRUST REGARDING
CHARTER MEMBERSHIP.
Council concurred on discussing this matter in study session.
b. LETTERS RECEIVED REGARDING TRAFFIC IN FRONT OF ST. FRANCIS
OF ASSISI CHURCH.
Council Member Bohnenberger suggested that a letter be sent
by the Mayor to the Church to be read during the service
advising of the City's plans. Council oncurred and asked
that a copy be sent to all the people who wrote.
BUSINESS SESSION
1. PRESENTATION OF ANNUAL REPORT BY PALMER CABLEVISION.
STEVE MERRITT, 52-545 Juarez, addressed the Council and gave
an up-date on the progress Palmer CableVision is making in
providing cable service to the residents of La Quinta. He
advised that bids for the purchase of the company are due
later in the month. They are continuing to balance and
sweep the City. During the past year they have added the
Discovery Channel; Turner Network; KVER a Spanish network)
Nostalgia Channel and HBO and Cinnemex in SpaniSh. He began
a program called Ask Us" about cable service; and a
Community Information Channel. They have also began an
internship with COD and award four scholarships in La Quinta
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Council related some complaints they're still receiving and
Mr. Merritt stated that while they still are not up to
standard, the system has improved they have made a 28%
improvement in service calls.
2. CONSIDERATION OF REIMBURSEMENT AGREEMENT WITH LANDMARK LAND
COMPANY FOR IMPROVEMENTS TO PARK AVENUE AND AVENUE SC.
Mr. Reynolds advised that the proposed reimbursement
agreement assures that the Park Avenue and Avenue 50
improvements will be in place prior to the beginning of the
next school year; and it satisfies the intent of Council
Resolution No. 86-48, which allows for the vacation of Adams
Street from Avenue 48 to the south City Limits.
Council Member Sniff stated that he and a number of other
people have been led to believe that the right of ways have
already been vacated and that evidently is not true. Mr.
Reynolds advised that is correct, that there were certain
conditions in that resolution that had to be met and this
action will result in those conditions being met.
MOTION It was moved by Council Members Bohnenberger/Sniff
that the agreement be approved that authorize recordation of
Council Resolution No. 86-48. Motion carried unanimously.
MINUTE ORDER NO. 90-25.
3. AWARD OF BID FOR STREET SWEEPING SERVICES TO WASTE
MANAGEMENT.
Mr. Reynolds advised that there were two bids received one
from Kaylor Sweeping and one from Waste Management. While
the bid of Kaylor Sweeping was the low bid, we have been
using them for the past couple of years and their work has
been unsatisfactory. Therefore, he recommended that the bid
be awarded to Waste Management.
MOTION It was moved by Council Members Bohnenberger/
Rushworth that the Bid of Kaylor Sweeping be rejected and
that the bid of Waste Management be accepted. Motion
carried unanimously. MINUTE ORDER NO. 90-26.
4. SECOND READING OF ORDINANCES.
ORDINANCE NO. 166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DETERMINING AND PROPOSING A SPECIAL TAX FOR FIRE
PROTECTION AND PREVENTION.
It was moved by Council Members Sniff /Rushworth that
Ordinance No. 166 be adopted on seconded reading. Motion
carried by the following vote:
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AYES. Council Members Bohnenberger, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: Council Member Bosworth
5. CONSIDERATION APPROPRIATION FOR TRAFFIC SIGNAL DESIGN
SERVICES AT AVENUE 50 AND PARK: AND AT WASHINGTON STREET AND
AVENUE 48.
MOTION It was moved by Council Members Bohnenberger/Sniff
to authorize the appropriation of $12,000 to the
Infrastructure Fund to cover the cost of signal design at
Avenue 50 and Park and at Washington and Avenue 48. Motion
carried unanimously. MINUTE ORDER NO. 90-27.
6. CONSIDERATION OF TRANSFER FROM RESERVES TO GENERAL FUND
CONTINGENCY ACCOUNT.
MOTION It was moved by Council Members Bohnenberger
Rushworth to authorize the transfer of $300,000 from General
Fund Reserves to General Fund Contingency Account. Motion
carried unanimously. MINUTE ORDER NO. 90-28.
7. CONSIDERATION OF APPROVING LOW-MOD PROGRAM IN CONCEPT.
Mr. Kiedrowski recommended that the Council approve in
concept the Low-Mod Program as outlined in study session.
MOTION It was moved by Council Members Sniff/Bohnenberger
to approve the Low-Mad Program in concept. Motion carried
unanimously. MINUTE ORDER NO. 90-29.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER.
2. APPROVAL OF MINUTES OF MARCH 6, 1990.
3. AUTHORIZATION TO INCREASE SALARY RANGE FOR POSITION OF
ASSOCIATE CIVIL ENGINEER.
4. ACCEPTANCE OF JEFFERSON STREET IMPROVEMENT PROJECT NO. 89-04
AND AUTHORIZATION TO FILE NOTICE OF COMPLETION AND RELEASE
RETENTION.
5. ACCEPTANCE OF EISENHOWER AND TAMPICO IMPROVEMENT PROJECT NO.
88-02 AND AUTHORIZATION TO FILE NOTICE OF COMPLETION AND
RELEASE RETENTION.
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6. ADOPTION OF RESOLUTION OF SUPPORT FOR THE CALIFORNIA DESERT
PROTECTION ACT.
7. APPROVAL OF GENERAL FUND RESERVE APPROPRIATION FOR PAYMENT
OF LIABILITY CLAIM.
8. FINAL APPROVAL OF PARCEL MAP 24995.
9. ACCEPTANCE OF STREET RIGHT OF WAY FOR A PORTION OF
WASHINGTON STREET NEAR AVENUE 47.
10. APPROVAL OF ARCHITECTURAL ELEVATIONS FOR ADDITIONAL UNIT FOR
TRACT 23269 LA QUINTA. HIGHLANDS).
MOTION It was moved by Council Members Bohnenberger/Sniff
that Consent Calendar Items 1 through 10 be approved as
recommended with Item 6 being approved by RESOLUTION NO.
90-24. Motion carried unanimously. MINUTE ORDER NO. 90-30.
COUNCIL COMMENT
Mayor and Council complimented the La Quinta Arts Foundation and
staff on the La Quinta Arts Festival.
PUBLIC COMMENT- None
Council adjourned to closed session at 10:00 P.M. pursuant to
Government Code Sections 54956.8 and 54956.9 to discuss
litigation in particular: City of Indio/Indio Case No. 57496
and concerning real property located at 47-250 Washington St.
regarding eminent domain proceedings pursuant to Government Code
Section 54956.9 and acquisition of property located near Adams
and Westward Ho and property adjacent to Navarro and the Past
Office and Lots 7, 8, 9, 10, 11, 12 & 13 of Block 122 and
personnel matters.
There being no further business, the Council meeting was
adjourned upon motion by Council Member Sniff, seconded by
Council Member Rushworth and carried.
Resyectfull? submitted,
SAUNDRA L. JUH?, City Clerk
City of La Quinta, California
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