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1990 04 17 CC Minutesm LA QUINTA CITY COUNCIL MINUTES APRIL 17, 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, Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA The following changes were made to the agenda: 1 Removed 9d from the Agenda. 2. Changed Consent Item 3 to Business Session No. 10. 3. Changed Consent Item 12 to Business Session No. 11. 4. Consider Business Session No. 1 prior to Public Hearings. ANNOUNCEMENTS BUSINESS SESSION 1. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION ON HILLSIDE CONSERVATION ZONE AS RECOMMENDED BY ENVIRONMENTAL CONSERVATION COMMITTEE. Mr. Herman advised that on March 13th, the Planning Commission reviewed the recommendation of the Environmental Conservation Committee and on a 2-1-2 vote, chose not to make a recommendation to the Council. FRED WOLFF, Chairman of the Environmental Conservation Committee, expressed concern about the Planning Commissions view of the environment, which appears to be opposite of where the Council is. He suggested that in the future, when applicants for Planning Commission are being interviewed that they be as to their view of the environment to assure compatibility with the Council and the residents. He believed that there is no way to preserve our wilderness areas other than the method recommended by the Committee. They asked the following of the Council: 1. To make it a goal to turn the privately owned land in the hillsides to publicly owned land; 2. For one year, as an initial implementation period, do not approve any development in that area; and 3. During that year, make every effort to turn the privately owned land into publicly owned land at no loss to the owner. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 2 April 17, 1990 He believed that their proposal is legally defensible and suggested that the alternative to an action this evening is for the members of the Committee to go to the people. JEFF SMITH, a 15 year resident of the City supported the recommendations of the Committee. ALLEN LEVINE, 42-600 Cook, Palm Desert, Vice President of Sunrise, supported the preservation of the hillsides in its natural state and applauded the Council for considering land exchanges as proposed; however, they would be opposed to a funding mechanism if it's done through developers fee or through a single funding source other than through a sales tax revenue. Mayor Pena applauded the Committee's efforts and noted that the Council has expressed its' feelings that they are categorically opposed to development in the hillsides. MOTION It was moved by Mayor Pena, seconded by Council Member Bohnenberger, as follows: 1. That, in order to protect in perpetuity, the open space areas of La Quinta it shall be the stated long-range goal of the City Council to work with private property owners to prepare an implementation plan to enable and facilitate the transfer to public ownership without interference with the owners' property value of all currently held private parcels in the area designated as Open Space" in the General Plan. 2. That, to achieve this goal, this City Council commit itself to a one year implementation period, during which no development projects will be approved in the designated area. 3. Within 90 days, the City will have outlined a program to implement the goal, and within six months the City Council shall review the program. 4. That, at the end of one year, the City Council assess the success of this program and provide the appropriate adjustments or changes to continue the implementation of the goal. In response to Council Member Sniff, Ms. Brady, City Attorney, advised that her office has previously presented advise to the Council through a confidential memorandum. In that memo, some of the legal risks associated with some of these actions were outlined. The Council is within their right to declare such a policy and implement it. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 3 April 17, 1990 Discussion on the motion continued with Ms. Brady advising that her office will look at the motion and determine if there are any other actions necessary relating to a moratorium. Motion carried unanimously. MINUTE ORDER NO. 90-34. 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 advised that this is a continued public hearing. At the last meeting the Council wished to have some of the conditions clarified. He proceeded to reviewed these conditions as outlined in the staff report. An additional condition is being proposed stating that if any existing drive-thru facilities are banned by the SQMD, the developer will be required to remove the facilities and landscape and irrigate those areas to the satisfaction of the City within 6 months of the ban. Regarding Condition No. 44 relating to a fire mitigation fee, he noted that the Council may wish to eliminate that condition. In response to Council Member Bohnenberger, Mr. Herman advised that the letter from Coachella Valley Water District dated January 5, 1990 will be included in Condition No. 68. PETER ADAMS, President of Transpacific Development Co., asked that Condition 44 be deleted. He questioned the timing on the dedication of land referred to in Condition 68. Regarding Condition 54 Washington Street access), he advised that they have agreed to move the access further from the Highway 111 intersection at the northern boundary of the project. This will allow for that to become a four-way intersection in the future. Both City and developer?s Engineers have determined that there will be adequate stacking noting that there is sufficient room for three lanes on the bridge. Regarding the Wal-Mart elevations, he advised that what they have is what was approved by the Planning Commission, they have not officially been approved by Wal-Mart, which they are 98% certain of their participation in this project. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 4 April 17, 1990 The Mayor declare the public hearing OPEN. BOB KRAUSE, 79-410 Highway 111 spoke in favor of the project. There being no one else wishing to speak, the hearing was CLOSED. In response to Council's concerns about the access from Washington, Mr. Reynolds advised that more than likely that intersection will eventually be signalized and in it's original placement, it was too close to Highway 111, therefore, it was moved to the northern end of the property. This proposal provides a reasonable left-turn into the Center and also provides access to the property on the west side of Washington. The distance between Highway 111 and the northern end of their property is about 750', whereas, 1,300' is more reasonable. However, the configuration of this property eliminates that possibility. Council Member Bohnenberger commented on one of the goals the South Coast Air Quality Management District is looking at as a means of cleaning up our air is eliminating drive-thrus. He proposed a prohibition of drive-thrus without waiting for their mandate. PETER ADAMS felt strongly that this is the wrong approach at this time as the SQMD in not even going to consider a ban until 1993. He believed that it's down-zoning of this property. He commented on the lack of affect it will have with drive-thrus on the periphery of the City. RESOLUTION NO. 90-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A COMMERCIAL SPECIFIC PLAN AND ADOPTING A NEGATIVE DECLARATION. CASE NO. SP 89-014 TRANSPACIFIC DEVELOPMENT COMPANY. It was moved by Council Members Sniff /Bohnenberger that Resolution No. 90-27 be adopted making the following amendments: Deletion of Condition 44; amend 8 to include CVWD letter; amend 8 to reflect size of trees; amend 54 as proposed; amend 29 to reflect theme plaza; amend 55D; add 70 relating to mechanical equipment and add 71 banning drive-thrus. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Bohnenberger to accept the report of the Planning Commission action regarding Plot Plan 90-434 making conditions consistent with Resolution No. 90-27. Motion carried unanimously. MINUTE ORDER NO. 90-35. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes page 5 April 17, 1990 2. PUBLIC HEARING ON TENTATIVE TRACT 25691 FOR 39 SINGLE FAMILY LOTS AND CHANGE OF ZONE 90-052 FROM R-l-12,000 PD TO R-1 ON 9.3+ ACRES LOCATED ON THE NORTH SIDE OF MILES AVE. 1/4 MILE WEST OF JEFFERSON STREET AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION. APPLICANT: RICHARD DEMAN. Mr. Herman reviewed staff's report. He advised that it is an internal piece of property with no direct access to Miles, so it is contingent upon the development of the roads in the tracts surrounding this property for it's major access. The Planning Commission reviewed the proposed map and zone change and has recommended approval subject to the conditions and findings as presented. In response to Council, Mr. Herman advised that it is a conforming use in that the density is a little above 4 dulpa, but the limitation of no access to Miles justifies the additional density. DAN FERGUSON, Engineer for the project was present to answer any questions and advised that it is starting out as a lot sales subdivision, but Mr. Deman may be coming in with architectural plans shortly. 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 that Ordinance No. 169 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 90-052. It was moved by Council Members Sniff /Bohnenberger that Ordinance No. 169 be introduced on first reading. Motion carried by the following vote: AYES. Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 6 April 17, 1990 RESOLUTION NO. 90-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND APPROVAL OF TENTATIVE TRACT NO. 25691 TO ALLOW THE CREATION OF A 39 LOT RESIDENTIAL SUBDIVISION ON A 9 ACRE SITE CASE NO. TT 25691 RICHARD L. DEMAN. It was moved by Council Members Sniff /Bohnenberger that Resolution No. 90-28 be adopted. Motion carried unanimously. 3. PUBLIC HEARING ON TENTATIVE TRACT 24950 AMENDMENT #1 TO CONDITION NO. 33 SIGNALIZATION FEE) PROPERTY LOCATION: NORTHEAST CORNER OF MILES AVENUE AT DUNE PALMS ROAD. APPLICANT: CHONG B. LEE. Mr. Herman advised that the original approval contained a requirement that the applicant to pay a 25% share of all fees necessary for signalization costs at the corner of Miles Avenue and Dune Palms Road. However, after further review by staff, it is felt that a 6.25% reduction is appropriate, since 6.25% was picked up from Tract 25691. The Planning Commission considered this amendment and recommends approval. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing CLOSED. RESOLUTION NO. 90-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUI CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND APPROVAL OF TENTATIVE TRACT 24950 AMENDMENT #1 AMENDING CONDITION OF APPROVAL #33. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 90-29 be adopted. Motion carried unanimously. WRITTEN COMMUNICATIONS a. Letter from Palm Desert Chamber of Commerce requesting participation in 1990 Fireworks Display. Council Member Bohnenberger commented that last year 5 display was attended by many La Quinta residents and it is closer than driving to Palm Springs. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 7 April 17, 1990 MOTION It was moved by Council Members Bohnenberger/Sniff that the City allocate $2,000 to help defer costs of the 1990 show. Motion carried unanimously. MINUTE ORDER NO. 90-36. Council Member Sniff stated that he would like to see us develop a fireworks display in conjunction with the Chamber of Commerce in the future. b. Letter from Rupert Yessayian regarding crime problem. Mayor Pena advised that this letter has been forwarded to the Sheriff's Office. c. Letter from Mark Sterling requesting financial assistance to participate in People to People Program. Council Member Sniff commented that a couple of years ago, the City assisted a young person with a trip to the orient and felt that it's important to support our youth who are taking significant foreign trips. Council Member Rushworth felt that something like this should be done through the school perhaps the City should provide a fund annually to the school and let them allocate the funds. Council Member Bohnenberger suggested forwarding the letter to the local service groups. Council Member Sniff suggested the possibility of setting up a youth ambassador fund to address future needs. Discussion concluded with no action taken. BUSINESS SESSION 2. CONSIDERATION OF RECOMMENDATION OF COMMUNITY SERVICES COMMISSION REGARDING OFFER OF JOHN KENNEDY FOR SCULPTURE FOR CIVIC CENTER. Mr. Kiedrowski advised that John Kennedy, an artist who does bronze sculptures has offered to do a sculpture for the new Civic Center for foundry costs only, which are estimated at $20,000. The Community Services Commission considered this offer and recommends that the Council accept it. JOHN KENNEDY addressed the Council and presented a maquette of the sculpture he's proposing. It will be life-size about 5' high and about 8' in diameter. The retail price of it would be about $100,000. Mr. Kiedrowski noted that if approved, he would be arranging a meeting between Mr. Kennedy and the City's architect to determine exact placement. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 8 April 17, 1990 MOTION It was moved by Council Members Bohnenberger/Sniff that the City accept the offer of John Kennedy for a bronze sculpture at an estimated cost of $20,000 and expressing the City's appreciation to Mr. Kennedy. Motion carried unanimously. MINUTE ORDER NO. 90-37. 3. CONSIDERATION OF JEFFERSON STREET MEDIAN LANDSCAPING CONCEPT BETWEEN HIGHWAY ill AND WESTWARD HO DRIVE. Mr. Herman reviewed staff's report advising that bath the City's Design Review Board and the Planning Commission have reviewed the proposal for median landscaping of Jefferson St. from Highway 111 to Westward Ho Drive, which was prepared by TKD Associates. The treatment proposes low shrubs for visibility at major intersections with some lawns and hardscape areas. Council Member Bohnenberger was opposed to the use of turf as he hasn't seen one that has worked. They are not water efficient and are hard to maintain. Council Member Sniff agreed and asked if there was thought given to a drip system and if there was any thought to low-level lighting and Mr. Herman advised not and noted that there are swails to catch the water. Council Member Bosworth stated that she likes the use of turf as it beautifies the community. Mr. Kiedrowski advised that the proposal of TKD indicates that this is one of the few areas proposed for turf and the reason is that there are houses on both sides of the street. Most streets with medians will not have homes alongside. MOTION It was moved by Council Members Rushworth/Bosworth that the landscape concept for Jefferson Street between Highway 111 and Westward Ho Drive be approved. Motion carried with Council Member Bohnenberger voting NO. MINUTE ORDER Na. 90-38. 4. CONSIDERATION OF AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH KICAK & ASSOCIATES FOR ENGINEERING SERVICES IN CONNECTION WITH IMPROVEMENTS TO AVENUE 50 AND EISENHOWER. Mr. Reynolds recommended that the City enter into an agreement with Kicak & Associates for engineering services in connection with improvements to Avenue 50 between Washington St. and Eisenhower Drive including full street improvements along the La Quinta Country Club's Avenue 50 frontage, opening up the intersection of Avenue 50 and Eisenhower Dr., and full street improvements on Eisenhower from Avenue 50 to Fernando. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 9 April 17, 1990 Council Member Sniff asked if by expanding this project, are we going to slow down other projects. Mr. Kiedrowski advised that there are adequate funds to proceed with this project noting that Redevelopment Funds can be used to pay the increased portion of this project. MOTION It was moved by Council Members Sniff /Bohnenberger that authorization be given for entering into an agreement with Kicak & Associates for the work as described in an amount not to exceed $70,000. Motion carried unanimously. MINUTE ORDER NO. 90-39. 5. CONSIDERATION OF ANNEXATION REQUESTS SOUTH OF AVENUE 52, NORTH OF AVENUE 53 BETWEEN MADISON AND MONROE. Mr. Herman presented the Council with a map depicting the four parcels requesting annexation, which contains approximately 58 acres and is adjacent to the City's Annexation No. 5, and is within the City's sphere of influence. In the past, staff has been directed to survey the adjacent property owners to see if they wish to be a part of the annexation and recommended that the same procedure be followed in this case. MOTION It was moved by Council Members Sniff/Rushworth that staff be authorized ta proceed with the necessary steps leading to the possible annexation of the area generally south of Avenue 52; north of Avenue 53 between Madison and Monroe. Motion carried unanimously. MINUTE ORDER NO. 90-40. 6. CONSIDERATION OF MINOR CHANGE TO TENTATIVE TRACT 24774 A PREVIOUSLY APPROVED MAP FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF AVENUE 54 AND MADISON STREET APPLICANT: VISTA DEVELOPMENT CO. Mr. Herman advised that the applicant is requesting elimination of some of the lots and modification of some of the lot lines and to provide a CVWD well site. The Planning Commission has reviewed the proposed changes and recommends approval. RESOLUTION NO. 90-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL DETERMINATION AND APPROVING A MINOR CHANGE FOR PREVIOUSLY APPROVED TENTATIVE TRACT 24774 TO ALLOW THE CREATION OF A 119 SINGLE FAMILY LOT SUBDIVISION ON A 40+ GROSS ACRE SITE. CASE NO. TT? 24774 MINOR CHANGE VISTA DEVELOPMENT COMPANY BUD FURMAN). BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 10 April 17, 1990 It was moved by Council Members Sniff/Bohnenberger that Resolution No. 90-30 be adopted. Motion carried unanimously. 7. CONSIDERATION OF DEDUCTIBLE LIMIT FOR CITY/AGENCY LIABILITY INSURANCE. Mr. Genovese advised that this deals with the selection of a deductible for the fiscal year 1990/91. It centers around a policy decision if we choose a deductible rather than an SIR of $125,000 the cases within the deductible limit would be handed over to the JPIA. The premium is estimated to be $90,000 for coverage from a $10,000 to a limit of nine million. MOTION It was moved by Council Members Sniff/Rushworth to authorize City Staff to proceed with the selection of a $10,000 deductible level for the JPIA Liability Program. Motion carried unanimously. MINUTE ORDER NO. 90-41. 8. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING THE EXPANSION OF A PROGRAM FOR THE FURNISHING OF ASSISTANCE FOR AFFORDABLE HOUSING AND AUTHORIZING THE EXPENDITURE OF AGENCY FUNDS PURSUANT TO SUCH PROGRAM. Mr. Genovese advised that this is an extension of our current subsidy program to Assessment District 90-1. All of the criteria and limits will apply. RESOLUTION NO. 90-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE EXPANSION OF A PROGRAM FOR THE FURNISHING OF ASSISTANCE FOR AFFORDABLE HOUSING AND AUTHORIZING THE EXPENDITURE OF AGENCY FUNDS PURSUANT TO SUCH PROGRAM. It was moved by Council Members Bohnenberger/Bosworth that Resolution No. 90-31 be adopted. Motion carried unanimously. 9. CONSIDERATION OF ACTIONS REGARDING ASSESSMENT DISTRICT 90-1 PHASE III OF COVE IMPROVEMENT PROJECT. Mr. Kicak, Kicak and Associates, Engineers for Assessment District 90-i advised that the proposed boundaries for the improvements are Avenida Montezuma on the west; Calle Nogales on the north; Avenida Bermudas on the east; and Calle Colima on the south. The improvements include streets; storm drain; sanitary sewer and water systems. The total costs are estimated at $7,946,400. The sewer improvements are estimated at $1,754,400; street improvements at $3,603,400; storm drains at $1,131,900; and water at $1,456,425. The sanitary sewer is estimated to cost $1,632 per parcel. In the two previous Districts, these same costs were about $1,290 and hopefully, when bids are received, we will be close to that figure. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 11 April 17, 1990 In answer to questions by Council, Mr. Kiedrowski advised that the lot merger policy has been extended and will include this District. All property owners will be notified of the availability of that program. RESOLUTION NO. 90-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE INTENT OF THE CITY OF LA QUINTA TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 90-1 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 90-32 be adopted. Motion carried unanimously. RESOLUTION NO. 90-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 90-1 AND AUTHORIZING SUBMISSION OF PLANS AND SPECIFICATIONS FOR BID. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 90-33 be adopted. Motion carried unanimously. RESOLUTION NO. 90-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING REPORT AND FIXING TIME AND PLACE OF HEARING PROTESTS TO PROPOSED IMPROVEMENTS. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 90-34 be adopted. Motion carried unanimously. 10 APPROVAL OF FINAL MAP 24890-1 AND APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT CITRUS COURSE J.M. PETERS CO.). Mr. Reynolds recommended approval subject to review by the City Attorney due to the fact that it is a tn-party agreement between Landmark; J.M. Peters and the City. MOTION It was moved by Council Members Bohnenberger/Sniff that Final Map 24890-1 and related agreement be approved subject to review by the City Attorney. Motion carried unanimously. MINUTE ORDER NO. 90-42. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 12 April 17, 1990 11. AWARD OF BID FOR FRITZ BURNS PARK DEMOLITION PROJECT. Mr. Kiedrowski advised that an irregularity has been found in the bid submitted by Durrett and Emery Assoc., in that the law requires bids submitted to include the contractor's license number and expiration date. The absence of such requires rejection of the bid. Therefore, he recommended that the bid be award to the second low bidder, Mitchell Pacific Constructors, Inc. in the amount of $55,550.00. He asked that $60,000 be allocated to complete the project. MOTION It was moved by Council Members Bohnenberger/Sniff that the bid for demolition work at Fritz Burns Park be awarded to Mitchell Pacific Constructors, Inc. in the amount of $55,550.00 and that $60,000 be allocated for the project. Motion carried unanimously. MINUTE ORDER NO. 90-43. 12. APPROVAL OF FINAL MAP 25290 AND APPROVAL aF SUBDIVISION IMPROVEMENT AGREEMENT OCOTILLO II WILLIAMS DEVELOPMENT. ROBERT METKAS, resident of La Quinta Palms spoke against the height of the frontage along Fred Waring Drive in conjunction with the Map in question. He presented pictures for Council's review. The height of the dirt in Ocotillo II, still remains at 10' along Fred Waring Dr. This creates an obstruction of the mountains. Mr. Reynolds advised that there is a difference in elevation of about 4' between the closest pad and La Quinta Palms and they have agreed to lower it another foot. Under the circumstances, he believes that this is as far as we can go because of drainage requirements. He didn't believe that he has the authority to tell a developer how much dirt to take out or put in a particular tract. Ms. Brady responded that Mr. Reynolds authority, as a Public Works Director is to review submitted grading plans and determine whether or not they comply with the regulations of the City and regulations that may affect public health and safety. Without more information, she didn't believe that the City's ordinances require the lowering of grades for development. The only remedy for these residents would be through a civil action. Council Member Bohnenberger stated this is difficult, he understood the concerns of the adjacent property owners in that this may not be compatible with them, and maybe not with the image corridor we're trying to establish along Fred Waring Drive. He queried whether or not we have discretion along these lines to require developments to take these things into consideration as part of the grading process. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 m City Council Minutes Page 13 April 17, 1990 Council Member Rushworth felt that once the final grading is accomplished, it will look much different. In response to Council Member Bohnenberger, Ms. Brady advised that she would have to review the Subdivision Map Act to determine what conditions can be imposed at the Final Map stage. MIKE PLATT, Engineer for Williams Development advised that they do stair-step down along with Fred Waring. There is a physical constraint in that Fred Waring comes down at a grade of 1 1/2% to 2% and then it flattens. They have exported more than 140,000 yards from their two properties to mitigate this problem. The have made adjustments to sewer, water and grading plans to mitigate this problem. He stated that it's important that action be taken tonight as work has been delayed two weeks. He didn't believe that another delay will accomplish anything as they've done all they can. MOTION It was moved by Council Members Sniff/Rushworth to continue this matter to May 1, 1990. Mayor Pena was not sure that anything will be accomplished by continuing this matter. Motion carried with Mayor Pena voting NO. MINUTE ORDER NO. 90-44. Council Member Bohnenberger felt that we should investigate whether we can require developers to take into account compatibility between existing developments next door and desirable view-scape. He also wished for the applicant to take one more look at what can be done. JOE KICAK, Kicak and Associates, stated that grading that meets Chapter 70 of the Uniform Building Code is the one you have to go by absence any other requirements. He advised that the objective is to balance the earth work as much as can be done. You try to utilize all the material within the perimeter of the property to create the pads without hauling material off or import material. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF MARCH 20, AND APRIL 3, 1990. 3. CONSIDERED AS BUSINESS SESSION NO. 10. 4. APPROVAL OF FINAL MAP 24890-2 AND APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT CITRUS COURSE J.M. PETERS CO.). BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity Council Minutes Page 14 April 17, 1990 5 APPROVAL OF FINAL MAP 24890-3 AND APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT CITRUS COURSE J.M. PETERS CO.). 6. APPROVAL OF FINAL MAP 24890-4 AND APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT CITRUS COURSE J.M. PETERS CO.). 7. CONSIDERED AS BUSINESS SESSION NO. 12. 8. APPROVAL OF FINAL MAP 25499 AND APPROVAL OF SUBDIVISION IMPROVEMENT SUNRISE AT PGA WEST. 9. APPROVAL OF FINAL MAP 255500-2 AND APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT SUNRISE AT PGA WEST. 10. AUTHORIZATION FOR OUT-OF-STATE TRAVEL MAY PENA? COUNCIL MEMBER BOHNENBERGER AND COUNCIL MEMBER RUSHWORTH, CITY MANAGER AND ASS'T. CITY MANAGER TO NEVADA AND ALSO CITY MANAGER TO TEXAS. 11. APPROVAL OF SPECIAL ADVERTISING DEVICE 90-002 TO ALLOW FLAGS FOR A RESIDENTIAL SUBDIVISION LOCATED ON THE NORTH SIDE OF MILES AVE., WEST OF LAS VISTAS DR. APPLICANT: ACACIA CONSTRUCTION. 12. CONSIDERED AS BUSINESS SESSION NO. 11. 13. DENIAL OF CLAIM OF RENEE A. GALLANT. 14. APPROVAL OF CONFIDENTIALITY AGREEMENT, SALES TAX MONITORING AGREEMENT AND RESOLUTION AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056. 15. ADOPTION OF POSITION OF SUPPORT FOR PROPOSITIONS 111 AND 108. 16. ACCEPTANCE OF DEEDS FOR WASHINGTON STREET RIGHT OF WAY FROM WASHINGTON SQUARE. MOTION It was moved by Council Members Bohnenberger/Sniff that Consent Calendar Items 1 through 14 be approved as recommended with Item 14 being approved by RESOLUTION NO. 90-35. Motion carried unanimously. MINUTE ORDER NO. 90-45. COUNCIL COMMENT- None PUBLIC COMMENT STEVE REIN asked that the public comment" portion of the agenda be moved to the beginning of the meeting and Mayor Pena explained that anytime an individual cannot stay until public comment" comes up, they can make a request to be heard earlier on. BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 mCity COUflCjl Minutes Page 15 April 17, 1990 Council adjourned to closed session pursuant to Government Code Sections 56956.8 and 56956.9 to discuss litigation in particular: City of India/India Case No. 57496 and Parc La Quinta, India Case No. 60188 and Burkett, Case No. 60203 and direction to Citys negotiator concerning pending escrows. There being no further business, the Council meeting was adjourned. Res?ectfully submitted, 4 SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02 BIB] 02-13-96-U01 08:51:19AM-U01 CCMIN-U02 04-U02 17-U02 1990-U02