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1989 11 21 CC Minutes a LA QUINTA CITY COUNCIL MINUTES NOVEMBER 21, 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 Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: Council Member Bohnenberger MOTION It was moved by Council Members Sniff/Bosworth to excuse Council Member Bohnenberger. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Kiedrowski asked that a couple of items be added to the agenda that came up after the posting of the agenda: a. Resolution accepting guest badges to the Skins Game. b. Consideration of Advertising in the Bob Hope Classic Program. He also asked that No. 3 of the Business Session agenda be removed as it isn't complete at this time. MOTION It was moved by Council Members Sniff/Rushworth, that consideration of advertising be added to the Business Session agenda and adoption of the Resolution accepting the badges to the Skins Game be added to the Consent Calendar as the need to take action arose after the posting of the agenda. Motion carried unanimously. MINUTE ORDER NO. 89-129. ANNOUNCEMENTS Mayor Pena advised that Councilman Bohnenberger is in Northern California helping the people who were affected by the earthquake, in restoring water to their community in his capacity as Engineer for the Coachella Valley Water District. r4rs. Juhola announced that the City's Open House is scheduled for December 14th from 4:00 P.M. to 7:00 P.M. and the public is invited. PUBLIC HEARINGS 1. PUBLIC HEARING ON SPECIFIC PLAN 121-E, AMENDMENT NO. 2 AND PLOT PLAN 89-421 TO ALLOW ELIMINATION OF TENNIS COURTS AND SMALL STRUCTURE AND CONSTRUCTION OF 77 ADDITIONAL HOTEL UNITS IN A TWO-STORY STRUCTURE AT LA QUINTA HOTEL APPLICATION BY LANDMARK LAND CO. Mr. Herman, Planning Director, presented staff?s report and began by giving a brief history of this Specific Plan. He presented the drawings of the proposed hotel complex and described the changes being requested in this application for 77 hotel units. The Planning Commission considered the request on BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 2 November 2l? 1989 October 10th and October 24th. On October 10th, the matter was continued with the applicant being asked to meet with the surrounding residents in order to resolve their differences. On October 24th, they determined that the 77 rooms should be approved and added a condition that deals with circulation isSues. The condition would place an emergency gate at the southerly end of Obregon with a cart/pedestrian access only and that the existing gate at Avenida Fernando be relocated to the west of Obregon. This would prevent the hotel guests utilizing the 77 hotel rooms to enter into the Santa Rosa Cove entrance. FORREST HAAG, Vice President of Design and Planning for Landmark Land Co. addressed the Council and explained the architectural design of the proposed buildings advising that their plans will broaden their market in this competitive desert. One of the issues was the number of tennis courts in the ultimate build-out. Presently, there are 23 courts and one stadium court. The stadium court will be removed. There will be 22 added courts and 44 additional parking spaces in front of the new hotel rooms. The problem of employee parking has brought on the concern about traffic on Obregon and through the Santa Rosa Cove gate and the exit gate to the north of the property. He noted that the number of parking spaces provided exceed the City's requirement by 33 spaces. He felt that the Solution to the concern of the residents, is for hotel management to let the employees know that they are not to park to the south of the 77 room expansion. This will eliminate the use of the Santa Rosa Cove Gate and Avenida Fernando Gate. He referred to Condition No. 9 of the Plot Plan and suggested that instead of it, that the hotel advise the employees of proper parking and to position the guard gate, manned, on Avenida Fernando with some sort of participation being worked out. This would Solve the problem without a massive internal problem in the flow of hotel guests as well as membership at Santa Rosa Cove. In response to Councilwoman Bosworth, Mr. Haag advised that the parking is 300' from the clubhouse center court. Council Member Sniff questioned why only the minimum number of parking spaces are being provided and why only 44 spaces for 77 hotel rooms. Mr. Haag responded that they will be exceeding the parking requirements by 33 spaces. He then reviewed the philosophy behind parking requirements and how there are peaks and valleys in hotel parking. Mayor Pena questioned how they justify the number of tennis courts and asked if some can be replaced with parking. Mr. Haag advised that tennis courts are like parking spaces, there are times when all the courts are being used and times when only a few are being used. In further response to the Mayor, Mr. Haag advised that they have not explored the use of mass transit for their employees and have not discussed double-deck parking. BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 3 November 21, 1989 he Mayor declared the public hearing OPEN. HERB LIEBERMAN, 77-210 Avenida Fernando, felt the character of the area has changed and this proposed amendment is going to directly affect the neighborhood. There's violations of speeding and failure to stop at stop signs plus the noise coming from hotel employees using the Santa Rosa Cove gate and Mazatlan. He suggested that they relocate and man the Fernando Gate to just beyond Obregon with expenses shared by the hotel and homeowners; 2) restriction of vehicular traffic on Obregon terminating at the end of the hotel property and through traffic being allow only for emergency vehicles, golf carts, bicycles and hotel service carts only; 3) restriction of hotel employees ingress and egress to the use of Fernando and to Obregon and the employee parking lot only. Hotel employees should not have access to the private roads within Santa Rosa Cove; 4) that the Council mandate renegotiation of the contract between the hotel and the homeowners with regard to future security gates expenses as well as maintenance of roads used by hotel guests, employees and vendors. DALE WALTERS, resident of Santa Rosa Cove, advised that they are not here to oppose the hotel expansion, but rather support the Planning Commission recommendations regarding Condition No. 9, which will allow the hotel guests and employees free access to any area in the hotel and will prohibited people from using their front door JUDY BLUM, 76-941 Mazatlan, advised that they are not here to be antagonistic, but rather to protect their property. She advised that the employees are having to use security gates which are intended for the residents. However, Landmark does have ingress and egress rights, but these rights were intended for the benefit of golf club members, tennis club members, staff and hotel guests wishing to use the facilities. When this right was agreed upon the hotel was much smaller. By turning La Casa into a major entertainment facility, Landmark turned an extremely narrow street into a fairly major traffic throughway. The Planning Commission proposed a compromise with Condition No. 9, which the homeowners support. However, they are concerned about the location on this narrow street of a large hotel building designed to accommodate large groups. The General Plan Land Use Plan for this 1.7 acre site states medium density residential 4-8 dwellings per acre and the proposed amendment would increase the density to 44 units per acre. She felt that such a radical change in density is not appropriate on this site. RON PATTON, 49-986 Obregon, advised that he lives near the corner of Obregon and Mazatlan. He presented pictures he's taken showing the traffic flow which starts about 5:30 A.M. and ends about 7:30 P.M.. He also noted that the hotel used the Santa Rosa Cove entrance on halloween for their haunted house. He believed that 95% of the traffic is employees and service people. He urged Council's acceptance of the Planning Commission' 5 recommendations. BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 4 November 21, 1989 ELLIE DOWD, 50-015 Rosarita, presented brochures that were given to her prior to her purchase of property advising that the development would have limited access. She is a single lady who wants her security. There is no way to know who is entering the Cove whether they are employees, service people or people who shouldn't be there. She described the traffic circulation and urged the Council to accept the recommendations of the Planning Commission. JAMES LLaYD, 77-313 Mazatlan, advised that he works out of town, so his wife is here alone during the week, and he wished to be assured of her security. He commented on the limited stacking provided at the Santa Rosa Cove gate on Eisenhower and believed that there is going to be an accident there because of the number of people using that gate. He urged the Council to accept the recommendations of the Planning Commission. MR. WALTERS submitted petitions signed by the 325 homeowners expressing support of the Planning Commission decision. There being no one else wishing to speak, the hearing was CLOSED. Mayor Pena asked who controls the gate on Mazatlan and Mr. Haag advised that it is controlled by Santa Rosa Cove in a joint contract that has an expiration date of 12/15/91, at which point eliminates Landmarks participation obligation in it. Mayor Pena asked how the employees are getting through the gate and Mr. Haag advised that they typically have a sticker on their car Mayor Pena questioned why the objection to a gate at the end of Obregon and Mr. Haag advised that it's in the wrong place for the flow of traffic that occurs internally to the project. Discussion then ensued regarding traffic circulation with the proposed gates. Council Member Sniff felt that these problems should have been worked out by management as a good neighbor responsibility and that recommendations of the Planning Commission are not perfect, but are livable. Council Member Rushworth agreed stating that Landmark has not fulfilled their obligation to the people in Santa Rosa Cove according to their brochures where the sales people don't seem to be aligned with management. He didn't see it as a question as to who's driving through the gate, but how many, and if they're all going in and out at the same time, it's not a good situation. He fully supported the Planning Commission decision. Councilwoman Bosworth found many problems with this proposal and hoped that the City can assist in working them out. She personally felt that the density is far too great. Landmark has done a good job with all they've done, but this particular building is not in keeping with the rest of the hotel. She wished to send it back to staff to come up with a different architectural plan that wouldn't block views and be more considerate in environmental impacts. BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 5 November 21, 1989 ayor Pena didn't see that as the real issue, but rather that of traffic. He believed that the architectural style will be compatible with the two story units already there. The problem is traffic, access and circulation. If the Council supports the decision of the Planning Commission and Landmark decides not to build the additional units, then the problem will still exist. He questioned whether conditions could be imposed retroactively to establish same parameters that the homeowners could live with. Ms. Honeywell, City Attorney, advised that once the Council approves the amendment to the Specific Plan, they have to abide by all the conditions in the plan whether or not they go ahead and build the particular 77 units. Mr. Haag advised that if Council is leaning towards accepting the Planning Commission's decision, that he would like to request a continuance so they can study the issue more clearly and present a more reasonable solution, as they can't live with the blocked Obregon. Mayor Pena stated that he couldn't support a continuance unless they set up a committee including homeowners and representatives from the City. Council concurred on proceeding with the issue at this time. Mr. Kiedrawski suggested that if the Council wishes to address the entrance of employees, that a condition could be imposed stating that the applicant/developer require hotel guests to enter from Avenida Fernando gate. Another concern is to put another condition on the project that says that the traffic circulation as recommended by the Planning Commission be further studied or analyzed at a date certain to see if it's working and if it isn't, then it goes back to the Planning Commission, Councilwoman Bosworth stated that if the people think that the gates are the answer to the concerns, then the Council should proceed. MOTION It was moved by Council Members Sniff/Rushworth that RESOLUTION NO. 89-129 BE ADOPTED A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO SPECIFIC PLAN NO. l21-E, REVISED CASE SP 121-E, AMENDMENT NO. 2 LANDMARK LAND CO. Motion carried by the following vote: AYES: Council Members Boswarth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bohnenberger BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 6 November 21, 1989 WRITTEN COMMUNICATIONS- None a. Letter from Tom Pina resigning from the Community Services Commission. Mayor Pena advised that he talked to Mr. Pina and he said that due to business conirnitments, he has been unable to participate. MOTION It was moved by Council Members Sniff/Bosworth that the resignation of Torn Pina be accepted and that a letter and certificate of appreciation to given to Mr. Pina. Motion carried unanimously. MINUTE ORDER NO. 89-130. b. Letter from City of Signal Hill regarding earthquake assistance to cities in Northern California. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE REGARDING EARTHQUAKE HAZARD REDUCTIONS. Mr. Hartung, Building Official, presented a brief report on his and Mr. Kirkland's visit to San Francisco to assist in building inspection due to the earthquake. Mr. Hartung advised that the State of California has mandated that all jurisdictions located within Seismic Zone 4, must by January 1, 1990, identify all unreinforced masonry buildings which are potentially hazardous; develop and implement a mitigation program to reduce the hazard; and submit information on the potentially hazardous buildings and the hazard mitigation program to the State. All unreinforced masonry buildings have been identified there are six buildings in total with three of them at La Quinta Hotel. The others are La Quinta Cafe; Coachella valley Realty; and the two-story office building across from the park 77-895 Montezuma). Within 270 days of official notice, the owners must have the building analyzed by a structural engineer and propose a plan to bring it into compliance. MOTION It was moved by Council Members Sniff/Bosworth that Ordinance No. 157 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 157 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8 OF THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.12 EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS". BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 7 November 21, 1989 It was moved by Council Members Sniff/Bosworth that Ordinance No. 157 be introduced. Motion carried by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bohnenberger 2. CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE REGARDING DESIGN REVIEW BOARD MEMBERSHIP. Mr. Herman advised that the proposed amendment will reduce the minimum membership requirement from two to one for architects and from two to one for landscape architects, engineers, or professionals in commercial art or graphic design on the Design Review Board. MOTION It was moved by Council Members Sniff IBosworth that Ordinance No. 158 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 9.183.040(D) DESIGN REVIEW BOARD OF TITLE 9 OF THE MUNICIPAL CODE. It was moved by Council Members Snif f/Bosworth that Ordinance No. 158 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bohnenberger. 3. APPROVAL OF CONTRACT WITH GRUEN ASSOC. FOR ARCHITECTURAL DESIGN OF CIVIC CENTER. Mr. Kiedrowski advised that this item will be rescheduled. 4. CONSIDERATION OF PARTICIPATION WITH COLLEGE OF THE DESERT AND OTHER AGENCIES IN AN ECONOMIC DEVELOPMENT STUDY OF THE COACHELLA VALLEY. Mr. Kiedrowski advised that the proposed Economic Development Study of the Coachella Valley has been discussed by the Technical Advisory Committee and Executive Committee of CVAG and he believes that it will be beneficial to the City to participate. BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 8 November 21, 1989 MOTION It was moved by Council Members Sniff/Bosworth that the City Council authorize participation with College of the Desert and other agencies in an Economic Development Study of the Coachella Valley in an amount of $1,603. Motion carried unanimously. MINUTE ORDER NO. 89-131. 5. SECOND READING OF ORDINANCES. ORDINANCE NO. 156 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 6.04.060 AND ADDING SECTION 6.04.065 OF CHAPTER 6.04, REFUSE DISPOSAL, TO THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Bosworth that Ordinance No. 156 be adopted on second reading. C4otion carried by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bohnenberger 6. CONSIDERATION OF AUTHORIZATION FOR PLANNING AND DEVELOPMENT TO ENTER INTO A CONSULTANT CONTRACT WITH THE LOW BIDDER, F. DAVIDSON ASSOC., IN AN AMOUNT NOT TO EXCEED $9,000 REGARDING ANNEXATION NO. 5. Mr. Kiedrowski advised that said contract with J.F. Davidson Assoc. would be for services to assist the City in processing Annexation No. 5 in doing the legal descriptions necessary in processing it through LAFCO. There are approximately 1,500 acres involved in this annexation. MOTION It was moved by Council Members Sniff/Bosworth, that the Planning and Development Department be authorized to enter into a consultant contract with the low bidder, J.F. Davidson Assoc. for an amount not to exceed $9,000. The funds to come from the contingency non-departmental fund. Motion carried unanimously. MINUTE ORDER NO. 89-132. 7. CONSIDERATION OF PLACEMENT OF AD IN BOB HOPE CLASSIC PROGRAM. Mr. Kiedrowski noted that during the study session, a proposal to place an ad in the Bob Hope Classic Program was discussed. A full page color ad will run $2,400. They have guaranteed that the ad would run within the first 50 pages. MOTION It was moved by Council Members Sniff/Bosworth to authorize the City Manager to go forward in placing a full page, color ad in the Bob Hope Classic Program to be placed on the right hand side of the book. Motion carried unanimously. MINUTE ORDER NO. 89-133. BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 9 November 21, 1989 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF NOVEMBER 7, 1989. 3. ADOPTION OF RESOLUTION TEMPORARILY CLOSING AVENUE 52 BETWEEN WASHINGTON AND JEFFERSON FROM 7:30-10:30 ON DECEMBER 3, 1989 FOR CHAMBER OF COMMERCE'S 10-K RUN. 4 DECLARATION OF 1951 REO WATER TRUCK AS SURPLUS PROPERTY. 5. AUTHORIZATION TO CALL FOR BIDS FOR AN ADDITIONAL VEHICLE FOR THE PUBLIC WORKS STREET DIVISION. 6. APPROVAL OF FINAL TRACT MAP 24889 LANDMARK LAND CO. 7. APPROVAL OF PARCEL MAP NO. 24837 LANDMARK LAND CO. 8. APPROVAL OF PARCEL MAP NO. 22596 SHOVLIN/FLETCH 9. APPROVAL OF REQUEST FROM LA QUINTA HOTEL FOR SPECIAL ADVERTISING DEVICE SEARCHLIGHTS) FOR CHRISTMAS TREE LIGHTING CEREMONY aN DECEMBER 5, 1989. 10. ADOPTION OF RESOLUTION ACCEPTING GIFT BADGES TO SKINS GAME. MOTION It was moved by Council Members Sniff/Bosworth that Consent Items 1 10 be approved as recommended with Item Nos. 1, 3 & 10 being approved by RESOLUTION NO. 89-130, 89-131, & 132 respectively. Motion carried unanimously. MINUTE ORDER NO. 89-134. COUNCIL COMMENT COUNCILWOMAN BOSWORTH advised that sometime ago, a petition signed by over 600 residents was submitted requesting that the City do something about the cable service. She believed that in order to ensure good service and reception, that we sbould draw up an ordinance that would ensure good service and good reception and mandate that they perform to a much higher level of service. Discussion ensued with the City Attorney noting that there has been a lot of things happen in the last couple of years with regard to Cities ability to regulate cable franchises. She would need to research the matter to see to what extent we can regulate. Council concurred. Mr. Kiedrowski suggested that if the cities of the Valley felt strongly about this matter, that an alternative is to form a JPA and run our own cable company. BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02 aCity Council Minutes Page 10 November 21, 1989 Mrs. Juhola asked for clarification regarding the action taken on Public Hearing Item No. 1. She noted that the resolution adopted, approved the amendment to Specific Plan 121-E and staff was also asking for a minute motion accepting the report of the Planning Commission action on Plot Plan No. 89-421. Council concurred that the intent of the motion was to include acceptance of the Planning Commission1 5 action on Plot Plan No. 89-421. PUBLIC COMMENT- None Council adjourned to closed session at 9:50 P.M. pursuant to Government Code Sections 54956.9 c) to discuss litigation in particular: City of Indio/Indio Case No. 57496 and to discuss personnel pursuant to Government Code Section 54957 and potential property acguisition pursuant to Government Code Section 54956.8. Council reconvened to regular session at 10:42 P.M. MOTION It was moved by Council Members Bosworth/Sniff that to clarify the motion approving Specific Plan 121-E and accepting the Planning Commission's action on Plot Plan No. 89-421 that the intent was to provide that Condition No. 9 of Plot Plan 89-421 shall also be included and made a part of the approval of Specific Plan 121-E and therefore, included in Resolution No. 89-129. otion carried unanimously. MINUTE ORDER NO. 89-135. There being no further business, the meeting was adjourned at 10:50 F.M. upon motion by Mayor Pena, seconded by Council Member Rushworth and carried unanimously. SAUNDRA L. JU LA, City Clerk City of La Quinta, California BIB] 02-17-96-U01 02:49:30PM-U01 CCMIN-U02 11-U02 21-U02 1989-U02