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1989 09 06 CC Minutes LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 6, 1989 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 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 Mr. Kiedrowski asked that Consent Item No. 3 be removed from the agenda. PRESENTATIONS Mayor Pena presented the La Quinta Beautiful Awards for July as follows: MOST BEAUTIFUL: Mr. & Mrs. Jensen, 52-470 Avenida Madero MOST IMPROVED: Miss Cathy Brocker, 53-685 Avenida Obregon HONORABLE MENTION: Mr. & Mrs. Webb, 53-251 Avenida Velasco Mayor Pena also presented the La Quinta Beautiful Awards for August as follows: MOST BEAUTIFUL: Mr. & Mrs. Strange, 77-480 Calle Colima MOST IMPROVED: Mr. & Mrs. Johnston, 52-415 Avenida Carranza HONORABLE MENTION: Mr. & Mrs. Abarca, 50-735 Calle Quinto ANNOUNCEMENTS- None PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN AMENDMENT 88-021 FROM MEDIUM AND HIGH DENSITY RESIDENTIAL TO MEDIUM AND HIGH DENSITY RESIDENTIAL AND GENERAL COMMERCIAL: CHANGE OF ZONE 88-035 FROM R-1 AND R-2-8000 TO C-P, R-3 AND R-1; SPECIFIC PLAN 88-012 AND TENTATIVE TRACT 23995 FOR MIXED USE DEVELOPMENT AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. PROPERTY LOCATED BETWEEN WASHINGTON, MILES, ADAMS AND THE STORMWATER CHANNEL APPLICATION BY A. G. SPANOS. Mr. Herman presented staff's report advising that issue was carried over by the City Council on July 5th asking the applicant to place the commercial nearer the intersection of Miles and Adams and limit the multi-family to two story. He noted that to date, no revised submittals have been made to the City. However, he noted that Conditions 3b and C have been modified to more accurately reflect the Planning Commission's action with regard to permitted uses. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 2 September 6, 1989 TOM ALLEN, representing A. G. SPANOS CONSTRUCTION, addressed the Council advising that they examined the possibility of moving the commercial as directed by Council, but following that examination, they concluded that its present location is where it's best suited. RUEL YOUNG, Architect for the project, explained their rationale in arriving at their conclusion, describing interior and exterior traffic patterns and pointing out the fact that by leaving it where it is, the multi-family provides a buffer between the commercial and residential. He concluded in saying that it was their opinion that the neighborhood would be better served by placing the commercial in the middle. In response to questions by Council, Mr. Young advised that the distance between Washington and Adams is about 3,200' there will be about 1,400' between Washington and their proposed signal. Council Member Sniff was of the opinion that this proposed commercial development would have the potential to impact The village and Highway 111 commercial. Although he was not in favor of the proposal, he felt that for success, the commercial would have to be located as close to Washington as possible. RON ROUSE, Attorney for the applicant, 4250 Executive Square, Suite 700, La Jolla, didn't feel that commercial would be compatible with the church located on Miles at Adams. He pointed out that the Planning Commission recommended approval of the General Plan Amendment; the re-zoning to R-3; the Tentative Tract; and Specific Plan. Regarding the height in the multi-family, the Specific Plan limits the height to two story subject to special set-back requirements. However, they are requesting an opportunity to present in the future, potential for some limited three-story units in the interior area. This would require Council approval at such time that a request would be made. The Mayor declared the public hearing OPEN. MIKE SHOVLIN, 71-084 Tamarisk Lane, Rancho Mirage, advised that he owns 65 acres of commercial property on Washington and Highway 111 that goes to Adams. He's currently working with the City to develop this property, which is in the interest of the City and will serve the total needs of the City. He was against commercial on Miles, because of all the vacant commercial on Washington and Highway 111. He hoped that his first phase will be in grading by the end of the year and they plan to be able to satisfy the total needs of the community. CHRIS CLARKE, 10100 Santa Monica Blvd., Century City, advised that her company owns about 900 acres in the area of the proposed project. She felt that the northern sphere desperately needs commercial. The commercial planned for Highway 111 is planned as major commercial as opposed to this project being neighborhood commercial, which she felt will be very beneficial to the area. She didn't feel that 7.6 acres will compete with Highway 111. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 3 September 6, 1989 There being no one else wishing to speak, the hearing was CLOSED. In answer to questions by Mayor Pena, Mr. Herman advised that all surrounding land uses are residential. Regarding the access road into the multi-family, it is planned to be signalized regardless of whether or not the commercial goes in. Council Member Rushworth believed that it's time to place commercial in the northern sphere. It it isn't done, all of our citizens will have to drive to Country Club or Indio. He felt that this will relieve traffic congestion on Highway 111. He didn't feel that it will detract from development in the Cove. He was strongly in favor of it. Council Member Bohnenberger agreed, adding that we will be bringing revenue to the City that is currently going elsewhere. He noted that we already have 2,000 homes approved for this area. He added that he concurred with the recommended conditions and wished to see the City move forward with this project. Council Member Bosworth felt that the City would benefit much more if Highway 111 and The Village were developed first. She strongly felt that the multi-family should be limited to two stories it would set a precedent. Council Member Sniff wished to see commercial development, but not so proliferated that it dilutes itself. He felt that it would be an error to have pockets of commercial scattered all over the City. He believed that commercial development on Highway 111 can also serve the northern sphere. He added that three story apartments would be a mistake. Mayor Pena felt that we do have too much commercial the market is going to have to shake itself out depending on the marketplace. He commented that we haven't had any commercial built in the last five years. The reason, he was not in favor previously, is because of the need to signalize another intersection, as he prefers to keep the streets as through as possible. However, it appears, that there's going to be another signal regardless of the commercial. He didn't believe that there would be competition with The Village, as that is planned as a strolling type center. His main concern was the types of businesses that go in and keeping traffic patterns to a minimum. RESOLUTION NO. 89-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF GENERAL PLAN AMENDMENT NO. 88-021, A REQUEST TO AMEND THE LA QUINTA GENERAL PLAN LAND USE MAP FROM MEDIUM AND HIGH DENSITY RESIDENTIAL TO MEDIUM AND HIGH DENSITY RESIDENTIAL ALTERED CONFIGURATION) AND GENERAL COMMERCIAL AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT NO. 88-099. CASE NO. GPA 88-021 A.G. SPANOS). It was moved by Council Members Bohnenberger/Rushworth that Resolution No. 89-95 be adopted. Motion carried with Council Members Bosworth and Sniff voting NO. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 4 September 6, 1989 MOTION It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 146 be taken up by title and number only and that full reading be waived. Motion carried with Council Members Bosworth/Sniff voting NO. 89-93. ORDINANCE NO. 146 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. 88-035. It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 146 be introduced. Motion carried with Council Members Bosworth/Sniff voting NO. RESOLUTION NO. 89-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING APPROVAL OF SPECIFIC PLAN NO. 88-012 AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT NO. 88-099. CASE NO. 5? 88-012 A. G. SPANOS CONSTRUCTION, INC.) It was moved by Council Members Bohnenberger/Rushworth that Resolution No. 89-96 be adopted. Motion carried with Council Members Bosworth/Sniff voting NO. RESOLUTION NO. 89-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT NO. 88-099 AND APPROVAL OF TENTATIVE TRACT NO. 23995 TO ALLOW THE CREATION OF A COMMERCIAL AND RESIDENTIAL SUBDIVISION ON A 132.5 ACRE SITE. CASE NO. TT 23995 A.G. SPANOS CONSTRUCTION, INC.). It was moved by Council Members Bohnenberger/Rushwcrth that Resolution No. 89-97 be adopted. Motion carried with Council Members Bosworth/Sniff voting NO. 2. PUBLIC HEARING ON LOT CLEANING/WEED ABATEMENTS AND PLACEMENT OF COST ON 1990/91 TAX ROLLS: ANDERSON, KENNETH APN 773-254-003 $150.00 ARNOLD, MOYNE C. APN 773-313-019 $150.00 CHANG, FENG TZE APN 773-232-014 $150.00 GANDY, RAY & NORMA APN 773-313-017 $150.00 GARRICK, FREDA APN 773-324-012 $150.00 GRAHAM, CHARLES E. APN 773-323-014 $150.00 NEWDELL, ROBERT & NORMA APN 773-254-011 $150.00 MCCORMICK, STEVEN & MELISSA APN 773-314-013 $150.00 MCCORMICK, STEVEN & MELISSA APN 773-314-012 $150.00 MCCORMICK, STEVEN & MELISSA APN 773-314-011 $150.00 SAN FERNANDO AIRPORT CORP. APN 773-234-007 $150.00 BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 5 September E, 1989 Mr. Kiedrowski advised that all of the above lots have been cleaned and to date, have not been paid. He recommended that they be placed on the 1990/91 tax rolls for collection. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Rushworth that Resolution No. 89-98 be adopted. Motion carried unanimously. Note for record: Prior to recordation of resolution, the bills to Chang and Gandy were paid. 3. PUBLIC HEARING ON ZONING ORDINANCE TEXT AMENDMENT 89-009 TO AMEND THE FENCING REGULATIONS TO REQUIRE DECORATIVE FENCES AND WALLS IN THE FRONT YARD IN THE SPECIAL RESIDENTIAL ZONE SR). Mr. Herman advised that the Planning Commission has recommended an amendment to the City Code which provides, 1) if a fence is destroyed by more than 50% it would require it to be reconstructed in conformance with City standards; and 2) requires fences in front yards and street side yards in the SR Zone to be constructed of a masonry product or ornamental iron/tubular steel and gates must be of ornamental iron/tubular steel or minimum 4" wide cedar or redwood and stained or painted to match or complement the adjacent wall or structure. He pointed out that the side and rear yards will still be allowed to be wood construction. In response to Council Member Bohnenberger, Mr. Herman advised that wood and a living hedge would not be allowed in a front yard. He added that chain-link fencing with vegetation would only be allowed in the side and rear property lines not in the front yard. The reasoning behind these amendments deal with aesthetics, deterioration and quality of materials used in the construction of fences since we have no standards. The Commission did discuss the possibility of adopting standards regarding wood fencing and chose to proceed in this direction. Council Member Sniff asked if the CommisSion considered allowing the use of a combination of block and wood and Mr. Herman advised not. Following discussion, Council Member Bohnenberger suggested that this matter be continued to the next meeting and discuss it in the next study session. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 6 September 6, 1989 The Mayor declared the public hearing aPEN. ANN YOUNG, 77-526 Calle Nogales, advised that she was the one who introduced this matter to the Planning Commission due to the unsightuness of many wooden fences in front of houses making them look like back-yards. MOTION It was moved by Council Members Bohnenberger/Sniff that this matter be continued to the next meeting and that it be placed on the next study session agenda. Motion carried unanimously. MINUTE ORDER NO. 89-94. 4. PUBLIC HEARING ON TENTATIVE TRACT 24507 FOR DIVISION OF 35 +ACRES INTO 25 SINGLE FAMILY ESTATE LOTS AND ONE WELL SITE LOT, LOCATED ON THE NORTH SIDE OF AVENUE 52, APPROXIMATELY 2,650 EAST OF THE JEFFERSON STREET CENTERLINE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT APPLICANT: STEVEN BRUMMEL, ET AL. Mr. Herman described the location of the proposed tract advising that it is within an area currently under an annexation proceeding. The General Plan will designate the area as very low density residential" resulting in 0-2 units per acre. This project conforms to that designation at 78 units per acre. The Planning Commission has reviewed the map and recommends approval of it subject to conditions. In response to Council Member Sniff, Mr. Herman advised that the annexation should be completed soon after the first of the year. STEVEN BRUMMEL, Calle Rosarito, La Quinta, applicant, advised he plans 25 country estate homes which will be compatible with what is planned in the area and will be similar to Green Valley Estates and will be estates rather than ranchettes. The lot sizes will range from a minimum of one acre up to three acres. The house sizes will range from 4,500 sq. ft. to 8,500 sq. ft. and will sell from $800,000 to $2,000,000. He added that he is prepared to begin development as soon as the annexation is complete. GABE PAPP, with J.F. Davidson and Assoc., Engineers for the developer, advised that they concur with all of the recommended conditions. The Mayor declared the public hearing OPEN. There being no one else wishing to speak, the hearing was CLOSED. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 7 September 6, 1989 RESOLUTION NO. 89-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCURRING WITH THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF TENTATIVE TRACT NO. 24507 TO ALLOW THE CREATION OF A 25-LOT RESIDENTIAL SUBDIVISION ON A 35+ACRE SITE. CASE NO. TT 24507 STEVEN BRUMMEL). It was moved by Council Members Sniff/Bohnenberger that Resolution No. 89-99 be adopted. Motion carried unanimously. 5. PUBLIC HEARING ON TENTATIVE TRACT 24774 FOR DIVISION OF 40 GROSS ACRES INTO 136 SINGLE FAMILY LOTS AND ONE PARK SITE/RETENTION BASIN, LOCATION AT THE NORTHWEST CORNER OF AVENUE 54 AND MADISON STREET AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT APPLICANT: BUD FURMAN. Mr. Herman described the location of the proposed tract as being immediately north of the PGA West Fire Station and is within an area currently under an annexation proceeding. This proposed project consists of 136 lots minimum 7,200 sq. ft.) for single family development and a 1.5 acre retention basin which the applicant proposes to utilize as a passive park. The tract is laid out with a collector street connecting Avenue 54 with Madison. All streets will be public. The Planning Commission has recommended approval of the map with conditions. BOB SMITH, with Mainero, Smith & Assoc., representing the applicant, advised that they concur with all recommended conditions. In response to Council Member Bohnenberger, Mr. Smith advised that the applicant has arranged for a builder to come in and build the homes. MR. PIPPIN, Builder o? the project, 1111 Tahguitz, Palm Springs, advised that the homes will range from 1,800 sq. ft. to 2,500 sq. ft. and will be priced between $160,000 and $220,000. They are ready to proceed upon completion of the annexation. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS CONFIRMING THE ENVIRONMENTAL DETERMINATION AND GRANTING APPROVAL OF TENTATIVE TRACT 24774 TO ALLOW THE CREATION OF A 136 SINGLE FAMILY LOT SUBDIVISION ON A 40 GROSS ACRE SITE. CASE NO. TT 24774 BUD FURMAN). It was moved by Council Members Bohnenberger/Sniff that Resolution No. 89-100 be adopted. Motion carried unanimously. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 8 September 6, 1989 At this time, the Consent Calendar was taken out of order on a request of a citizen. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF AUGUST 1, 1989. 3. REMOVED FROM THE AGENDA. 4. APPROVAL OF FINAL TRACT MAP 24317-1 AND RELATED AGREEMENTS PGA WEST. 5. APPROVAL OF WAIVER OF $75 FILING FEE FOR MINOR TEMPORARY OUTDOOR EVENT 89-014 DESERT BICYCLE CLASSIC ON SEPTEMBER 23, 1989 APPLICANT: SCOR PRODUCTIONS. 6. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON VARIANCE 89-009 TO ALLOW VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENT OF 20 FEET IN THE SPECIAL RESIDENTIAL SINGLE FAMILY SR) ZONE TO ALLOW A 15 1/2' FRONT YARD SET BACK FOR RESIDENCE CONSTRUCTED IN ERROR, LOCATED AT 51-701 AVENIDA MARTINEZ APPLICANT: MICHAEL TUVELL. 7. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON VARIANCE 89-007 TO CREATE A LOT WHICH IS MORE THAN 2 1/2 TIMES LONG THAN WIDE VARIANCE TO SECTION 9.42.050 B(2), LOCATED AT 53-120 HERRERA APPLICANT: CAROL CLEEK. 8. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 89-004 TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE TO AN OFFICE FOR GOVERNMENTAL PURPOSES, LOCATED AT 51-351 AVENIDA BERMUDAS APPLICANT: CITY OF LA QUINTA. 9. ADOPTION OF RESOLUTION CANCELLING AGRICULTURAL PRESERVE. 10. AMENDMENT TO AGREEMENT WITH TRI-LAKE CONSULTANTS FOR CONSTRUCTION OBSERVATION SERVICES FOR PHASE II OF THE COVE IMPROVEMENT PROJECT. 11. ACCEPTANCE OF GRANT DEED FOR WASHINGTON STREET RIGHT OF WAY. 12. AUTHORIZATION TO CALL FOR BIDS FOR WATER TRUCK. 13. APPROVAL OF PARCEL MAP NO. 23749 LA QUINTA HOTEL TENNIS CLUB. 14. APPROVAL OF AGREEMENT WITH LEIGHTON & ASSOC. FOR GEOTECHNICAL SERVICES IN PHASE II OF COVE IMPROVEMENT PROJECT. 15. DENIAL OF CLAIM OF LUZ COVARRUBIAS. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 9 September 6, 1989 16. DENIAL OF CLAIM OF JOE KIRKWOOD. MOTION It was moved by Council Members Bohnenberger/Sniff that Consent Items 1 16 Item 3 removed) be approved as recommended with Items No. 1 and 9 being approved by RESOLUTION NOS. 89-101 and 89-102 respectively. Motion carried unanimously. MINUTE ORDER NO. 89-95. WRITTEN COMMUNICATIONS a. Letter from Children's Museum of the Desert regarding funding. The Mayor summarized this letter and following Council discussion concluded on writing a letter referring them to the Community Services Grant Program in the Spring. b. Letter from July 4th Greater Desert Fireworks regarding funding. The Mayor summarized this letter and following Council discussion, concluded on writing a letter referring them to the Community Services Grant Program in the Spring if they plan to stage another event next year. c. Letter from Residents for an even better La Quinta. The Mayor summarized this letter advising that other letters being more definitive will follow. BUSINESS SESSION 1. AWARD OF BIDS: A. JEFFERSON STREET RECONSTRUCTION TO LOW BIDDER MASSEY SAND AND ROCK IN THE AMOUNT OF $235,353.80. B. LANDSCAPING OF MEDIANS AVENUE 54 & MADISON TO LOW BIDDER SUNSHINE LANDSCAPE IN THE AMOUNT OF $54,000. Mr. Reynolds advised that the low bidder, of five bids received for Jefferson Street reconstruction was Massey Sand and Rock in the amount of $235,353.80. He added that a portion of the project is in the City of Indio and they will be paying about 10% of the total costs. An agreement is being drawn up for same. The work should take between 60 and 90 days. Mr. Reynolds advised that the low bidder, of three bids received for landscaping services of the medians on Avenue 54 and Madison was Sunshine Landscape in the amount of $54,000. He added that staff is talking about retro-f itting the medians to make them water and maintenance conservative, but any changes will be brought to the Council. He recommended that these bids be awarded. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 10 September 6, 1989 MOTION It was moved by Council Members Sniff/Rushworth that the bid for Jefferson Street reconstruction be awarded to Massey Sand and Rock in the amount of $235,353.80. Motion carried unanimously. MINUTE ORDER NO. 89-96. MOTION It was moved by Council Members Sniff/Rushworth that the bid for landscaping services for Avenue 54 and Madison medians be awarded to Sunshine Landscaping in the amount of $54,000. Motion carried unanimously. MINUTE ORDER NO. 89-97. 2. CONSIDERATION OF ADOPTION OF DESIGN REVIEW STANDARDS. Mr. Kiedrowski noted that the Design Review Standards were discussed in study session. He recommended that they be adopted by minute order and that it be brought back to the Council in six months for review and adoption of an ordinance. RESOLUTION NO. 89-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING DESIGN REVIEW STANDARDS. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 89-103 be adopted and adding the wards to serve as review guidelines" on Page 1, No. 1, after the words Design Review Standards". Motion carried unanimously. 3. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89-417 APPROVAL OF COMMERCIAL COMPLEX CONSISTING OF 10,250 SQ. FT. RESTAURANT AND 10,000 SQ. FT. OFFICE BUILDING IN THE CPS ZONE, LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FT. WEST OF WASHINGTON STREET APPLICANT: TS RESTAURANTS. Mr. Herman advised that the Council considered this application on August 1st and referred it to the Technical Traffic Committee and Planning Commission for consideration of access and the waterfall treatment on Point Happy. The Planning Commission considered these matters and recommends that the Council accept their report in which two conditions were added Condition No. 23 to restrict vehicular access to right in and right out and also to allow modification to that if Caltrans approves and secondly to reguire a geological technical study to show that the mountain slopes are stable and will support the development. There was also discussion, about requiring reclaimed water to be used, but that was not made a part of the motion. The new waterfall location is totally behind the building and is not visible from Highway 111. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 11 September 6, 1989 In response to Mayor Pena, Mr. Herman advised that the original height of the waterfall was 185' and is now 150'. In response to Council Member Sniff, the City Attorney, Dawn Honeywell, advised that the City is never going to be held libel for reviewing something, as long as they've reasonably looked at it and made a determination. MICHAEL SHOVLIN, 71-084 Tamarisk, Rancho Mirage, advised that he was representing the applicant and is the owner of the property. Regarding the waterfall, it was designed as landscape treatment as opposed to a waterfall". He suggested leaving the door open to further consideration if it's still a concern. Council Member Bohnenberger asked how quickly the owner will be prepared to move ahead and Mr. Shovlin advised that they are prepared to close escrow November 10th and are currently in drawing. They plan to open in the fall of 199C. Council Member Rushworth wished to see the waterfall left as is, but didn't want to see the project defeated because of that. Council Member Sniff stated that if the waterfall is the issue, then he was opposed to it. He was prepared to support it on the basis of the Planning Commission recommendation. Mayor Pena understood that the applicant to wish to see the waterfall with a condition that it be brought back at a later date with a specific design. MOTION It was moved by Council Members Bohnenberger/Rushworth to approve Plot Plan 89-417 subject to recommendations of the Technical Traffic Committee and Planning Commission and to include a new Condition No. 25 to approve the waterfall at the lower elevation and allow the applicant to resubmit at a higher elevation if he can justify it. Motion carried unanimously. MINUTE ORDER O. 89-98. 4. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION: THE FIRST EXTENSION OF TIME FOR TENTATIVE TRACT 21939 AND VARIANCE CASE #87-003 AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT APPLICANT: CODY & BRADY/GIANNINI. Mr. Herman described the location of Tentative Tract 21939 as being at the end of Avenue 54, west of Jefferson intersection on the west side of the All American Canal. The property includes hillside as a small portion of developable area. There is a condition in the Tract Map that the applicant cannot develop the remaining portion of the hillside and an easement is granted that it is to remain open space forever. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 12 September E, 1989 RESOLUTION NO. 89-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A ONE-YEAR TIME EXTENSION CASE NO. TT 21939 FIRST EXTENSION OF TIME. It was moved by Council Members Sniff/Rushworth that Resolution No. 89-104 be adopted. Motion carried unanimously. 5. CONSIDERATION OF MINOR MODIFICATIONS TO PREVIOUSLY APPROVED TENTATIVE TRACT 23773 LOCATED NORTHWEST OF THE ADAMS ST. AND FRED WARING DR. INTERSECTION APPLICANT: RICK JOHNSON CONSTRUCTION. Mr. Herman advised that the Planning Commission has recommended approval of a design change in Tentative Tract 23773 in the street and lot line layout for Phase 2. The modifications are being requested in order to reduce the amount of fill necessary to get proper drainage to the retention area. All other conditions of approval remain the same. RESOLUTION NO. 89-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF MINOR MODIFICATION TO TENTATIVE TRACT NO. 23773. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 89-105 be adopted. Motion carried unanimously. 6. CONSIDERATION OF REFURBISHMENT OF TENNIS COURTS AT FRITZ BURNS PARK. Mr. Genovese advised that staff has developed an interim use for the tennis courts at the Fritz Burns Park, while the rest of the site is being site designed and prepared. The construction will include wind screens; nets and court resurfacing as well as some general clean-up. The work is anticipated to be completed by October 1st for use by the general public as well as having some recreation classes held. The work described will cost approximately $31,800 and will be funded from the Landmark Reserve. Mr. Kiedrowski advised the Council has received a copy of a letter from the owner of The Heritage" volunteering their services to assist the staff in the design of this park and asked for Council's authorization to negotiate with them for these services. In response to Council Member Sniff, Mr. Genovese advised that restroom facilities are not being planned at this time and pointed out some of the problems associated with restrooms. BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 13 September 6, 1989 Council Member Sniff felt that some portables should be looked into and stressed the need to clean-up the area. MOTION It was moved by Council Members Bohnenberger/Sniff to authorize the expenditure of necessary funds to proceed with the development of the tennis courts at the Fritz Burns Park. Motion carried unanimously. MINUTE ORDER NO. 89-99. Council asked the City Manager to meet with the owners of The Heritage' to further discuss their offer. 7. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR ANNUAL LEAGUE CONFERENCE OCTOBER 22-25, 1989. MOTION It was moved by Council Members Bohnenberger/Sniff that the Mayor be the voting delegate and that Council Member Rushworth be the voting alternate for the League 5 Annual Conference. Motion carried unanimously. MINUTE ORDER NO. 89-100. 8. SECOND READING OF ORDINANCE NO. 145. ORDINANCE NO. 145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 6.05, RECYCLE MATERIAL, TO THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 145 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None COUNCIL COMMENT- None PUBLIC COMMENT- None BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02 City Council Minutes Page 14 September 6, 1989 Council adjourned to closed session pursuant to Government Code Sections 54956.9 a) 54956.9 c) and 54956.8 and 54957 to discuss litigation; personnel and land acquisitions in particular: a. Personnel Matters. b. Litigation George Miers and Associates City of Indio/Indio Case No. 57496 Wayne Weber/John Maselter Indic Case No. 56867 c. Land Acquisition. Council reconvened with no action being taken. There being no further business, the meeting was adjourned at 10:00 P.M. upon motion by Council Members Snif f/Bohnenberger and carried unanimously. Re?.ectfully submitted, SAUNDRA L. JUHOLk, City Clerk City of La Quinta, California BIB] 02-16-96-U01 02:36:38PM-U01 CCMIN-U02 09-U02 06-U02 1989-U02