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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. BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 2 March 20, 1990 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, BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 3 March 20, 1990 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. BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 4 March 20, 1990 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. BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 5 March 20, 1990 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. BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 6 March 20, 1990 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. BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 7 March 20, 1990 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 BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 8 March 20, 1990 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: BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 9 March 20, 1990 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. BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02 ]City Council Minutes Page 10 March 20, 1990 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 BIB] 02-13-96-U01 08:47:37AM-U01 CCMIN-U02 03-U02 20-U02 1990-U02