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1989 12 19 CC Minutes w LA QUINTA CITY COUNCIL MINUTES DECEMBER 19, 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 Item No. 3 on the Consent Calendar be removed. ANNOUNCEMENTS Mayor Pena announced that there will be a Cove Association Meeting on Thursday, December 21st at 7:30 P.M. PUBLIC HEARINGS 1. PUBLIC HEARING ON SPECIFIC PLAN 88-012, AMENDMENT NO 1 REGARDING ACCESS ON MILES AVENUE FOR PROPERTY LOCATED ON MILES AVENUE BETWEEN WASHINGTON AND ADAMS APPLICANT: A. G. SPANOS. Mr. Herman presented staff report advising that the applicant, A. G. Spanos, has requested an amendment to Specific Plan 88-012 to eliminate Condition No. 2c requiring that the easterly access point on Miles Avenue line up with the access point to the north because it causes some curb problems and serves no purpose to align them since there will be no median break. Both tracts will have right-in, right-out" requirements. The Planning Commission has reviewed this request and recommends approval. TOM ALLAN, representing A. G. Spanos, advised that they never intended on these street aligning because they knew there was going to be a median. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING APPROVAL OF SPECIFIC PLAN NO. 88-012, AMENDMENT #1 SPECIFIC PLAN NO. 88-012, AMENDMENT #1 SPECIFIC PLAN NO. 88-012, AMENDMENT #1, A.G. SPANOS CONSTRUCTIaN. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 89-137 be adopted. Motion carried unanimously. BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 2 December 19, 1989 2. PUBLIC HEARING ON TENTATIVE TRACT 25500 APPLICATION BY SUNRISE DESERT PARTNERS TO SUBDIVIDE 41.8 + ACRES INTO 18 RESIDENTIAL LOTS AND OTHER MISCELLANEOUS LOT TO ALLOW CONSTRUCTION OF 295 CONDOMINIUM UNITS ON PROPERTY LOCATED WEST OF WINGED FOOT AND NORTH AND SOUTH OF SOUTHERN HILLS WITHIN PGA WEST AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. Mr. Herman presented staff report advising that the proposed Tract is located on the Nicklaus Resort Golf Course in the northeast corner of PGA West. The project consists of dividing a 41.4 acre site into 18 residential condominium lots and other miscellaneous lots. Eight of the lots would contain 156 two-story Medalist units and nine of the lots would have 139 one-story Champion units. The remaining lot is to be left vacant at this time. Primary access to the tract is internal. However, the applicant is requesting a new card reader gate entry to Madison approximately 2,000' south of Avenue 54. The Planning Commission has reviewed this request and recommend approval with conditions. ALLAN LEVIN, Vice President, Sunrise Co., 42-600 Cook St., Palm Desert, advised that all the conditions are acceptable. The Mayor declared the public hearing CLOSED. There being no one wishing to speak, the hearing was CLOSED. In response to Council Member Bohnenberger, regarding Condition No. 34, Mr. Herman advised that the modification was intended for irrigation and landscaping and suggested that Condition 34 be amended to read that the applicant shall submit grading plans for review to the C. V. Water District for review and comment and add a sentence that says prior to final inspection or issuance of certificate of occupancy then the applicant shall submit the landscaping and irrigation plan to the District for review and approval. RESOLUTION NO. 89-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS AND GRANTING APPROVAL OF TENTATIVE TRACT MAP 25500 TO ALLOW A SINGLE FAMILY SUBDIVISION ON A 41.8 ACRE SITE CASE NO. TT 255500 SUNRISE DESERT PARTNERS. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 89-138 be adopted with Condition No. 34 amended. Motion carried unanimously. 3. PUBLIC HEARING ON TENTATIVE TRACT 25429 PAINTED COVE APPLICATION BY CHATEAU LAND DEVELOPMENT FOR SUBDIVISION OF 36.2+ ACRES INTO 83 SINGLE FAMILY LOTS ON PROPERTY LOCATED ON THE SOUTH SIDE OF 50TH AVENUE, AT PARK AVENUE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. Mr. Herman presented staff report advising that the proposed development is south of Avenue 50 and east of Park Avenue. The BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 3 December 19, 1989 project consists of 36.2 net aces to be divided into 83 custom single-family lots with an average lot size of 12,579 sq. ft.. One 4.26 acre site at the northwest corner of the site on the west side of Park Avenue is being held as a lot for future development. On-site drainage for retention of a 100 year storm is proposed to be On a 787 acre lot at the southeast corner of the site. Access will be from the recently realigned Park Avenue in two places. No direct access to Avenue 50 is proposed. The interior streets are proposed to be private. No entry gates are proposed. The Planning Commission reviewed this map and has recommended approval with a modification to a condition requiring the developer to improve one-half of Park Avenue instead of the complete improvements as was recommended by staff. The Engineering Department is concerned with that recommendation and is recommending continuance of this matter for two weeks. STAN MORRISaN, 4860 Irvine Blvd., Irvine, Engineer for the project, asked for the Council to act on their project at this time. Regarding Condition No. 10, he advised that they are in concert with the City Engineer, they would not like for this project to set a precedent, so they recommend that the reimbursement to the City shall be 50% or 100% as approved by the City Engineer to allow him time to make sure that a precedent isn't being set and will allow their project to go forward. In response to Mayor Pena, Mr. Morrison advised that they also own the property across the street and plan to build out all of Park Avenue with the development across the street with curbs and gutters on both sides and bikepaths, it's just a matter of reimbursement of costs to the City. In response to Council Member Bohnenberger, Mr. Morrison suggested that Condition No. 10 be amended to read that reimbursement to the City shall be 50% or 100% as determined by the City Engineer The Mayor declared the public hearing OPEN There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF TENTATIVE TRACT MAP 25429 TO ALLOW A CUSTOM HOME SUBDIVISION ON A 36.2 ACRE SITE. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 89-139 be adopted with Condition No. 10 being modified as requested. Motion carried unanimously. BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 4 December 19, 1989 4. PUBLIC HEARING ON TENTATIVE TRACT 25290 AND CHANGE OF ZONE 89-050 RANCHO OCOTILLO EXTENSION APPLICATION BY WARING ADAMS VENTURE FOR SUBDIVISION OF 9.5 ACRES INTO 31 SINGLE FAMILY LOTS AND CHANGE OF ZONING FROM R-1-12,000 TO R-1 AND ON PROPERTY LOCATED SOUTH OF FRED WARING DRIVE, 1000'+ EAST OF ADAMS STREET AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. Mr. Herman advised that the request is to rezone a 9.5 acre Site south of Fred Waring Drive and East of Adams from R-1-12,000/PD to R-1 enabling the creation of 31 single family lots with a public street system. The proposed tract is located just east of approved map, Rancho Ocotillo. The Williams Company is developing both projects and this is considered an extension of that tract. The Planning Commission has reviewed this map and recommends approval with conditions. MIKE PLATT, Engineers for the development, advised that The Williams Company is proposing 8,000 to 12,000 sq. ft. lots with single story homes entirely. The parcel was fairly landlocked and this seems to be the best use of the property. It will be developed as the final phase for Rancho Ocotillo and will be coming up this year. 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 Bohnenberger/Sniff that Ordinance No. 161 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 161 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. 89-050. It was moved by Council Members Bohnenberger/5niff that Ordinance No. 161 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 5 December 19, 1989 RESOLUTION NO. 89-140 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. 25290 TO ALLOW THE CREATION OF A 31-LOT RESIDENTIAL SUBDIVISION ON A 9.5-ACRE SITE. CASE NO. TT 25290 WARING ADAMS VENTURE. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 89-140 be adopted as recommended. Motion carried unanimously WRITTEN COMMUNICATIONS a. Leter from Lauren Lewis regarding renaming Avenue 50 as Andy Williams Drive". Mayor Pena noted that a letter has been received from Lauren Lewis asking that consideration be given to renaming Avenue 50 to Andy Williams Drive". Council Member Sniff noted that this item periodically surfaces and MOVED that the February newsletter contain a survey form asking the citizens of La Quinta if they wish to rename Avenue SC and if so, would they like to see it named for Andy Williams, Frank Capra, Merv Griffin or some other person; and that the results of the survey be considered meaningful and significant if we receive 15% response or more. MOTION DIED FOR LACK OF A SECOND. MOTION It was moved by Council Members Bohnenberger/Rushworth that the procedures set forth in the Municipal Code be initiated to change the name of Avenue 50 to Andy Williams Drive" public hearing before the Planning Commission with report back to the City Council) and that notices also be sent to the Cities of Indio, Coachella and County of Riverside. Discussion ensued with Council Member Sniff feeling that it would be appropriate to get a sense of the community before going through the process with Council Member Rushworth noting that a public hearing would serve the same purpose. Council Member Bohnenberger advised that there probably would be tirne to put an article in the newsletter between the Planning Commission hearing and City Council meeting. Mayor Pena suggested that Avenue 50 also be posted. MOTION CARRIED UNANIMOUSLY. MINUTE ORDER NO. 89-142. BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 6 December 19, 1989 BUSINESS SESSION 1. REPORT OF COMMUNITY SERVICES COMMISSION REGARDING LA QUINTA CIVIC ART PURCHASE AWARD PROGRAM. Mrs. Mendoza, Community Services Commissioner, addressed the Council advising that the Commission has recommended that the Council authorize $5,000 for the purchase of art for the Civic Center with that purchase being coordinated through the La Quinta Arts Foundation with one member of either the City Council or City Staff joining that Committee; and further that this be an on-going, annual program. Mrs. Mendoza advised that the Commission is discussing an Art in Public Places Program and have formed a sub-committee made of up the two Commissioners assigned to the Fine Arts Committee and two members of the La Quinta Arts Foundation and two staff members. They have been meeting and studying ordinances adopted by other cities to formulate a proposal which can be presented to the City Council for consideration Council Member Bohnenberger supported the recommendation noting that we are an arts-oriented community and we should be purchasing art for display in public places. He hoped that this is the first step in a long range program of establishing developers fees or setting up awards that various developers could support, i.e. Sunrise Award" or Landmark Award", which would be on display at City Hall for a certain length of time. He recommended one change to the recommendation, that it be a committee of a representative of the City Council, City Staff, and Community Services Commission to sit on the judging panel with the La Quinta Arts Foundation. MOTION It was moved by Council Members Bohnenberger/Sniff that the recommendation of the Community Services Commission be approved and that $5,000 be allocated from the Contingency Account for purchase of art at the 1990 Arts Festival for the Civic Center with that purchase being coordinated through the La Quinta Arts Foundation with one member of the City Council, City Staff and Community Services Commission serving on the committee with the Foundation and that it be an on-going, annual program. Motion carried unanimously. MINUTE ORDER NO. 89-143. 2. RECEIPT OF PETITION TO FORM COMMUNITY FACILITIES DISTRICT NO. 89-4 TRANSPACIFIC DEVELOPMENT CO. Mr. Genovese, Ass't. City Manager, noted that the City Council has previously authorized the receipt of funds for the payment of technical services necessary for the formation of a Mello-Roos Community Facilities District on Highway 111. More specifically, this boundary will be from the westerly City boundary, to Adams, north of Highway 111 and south of the Whitewater Channel. The petition has been received and he anticipated that within 40 days there will be a resolution initiating the proceeding with the process being concluded in approximately six months. BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 7 December 19, 1989 Mr. Kiedrowski advised that there are now three property owners involved in this District. The proposed District encompasses 80-100 acres. MOTION It was moved by Council Members Sniff/Bohnenberger that the City accept the petition and institute proceedings to establish the referenced Community Facilities District. Motion carried unanimously. MINUTE ORDER NO. 89-144. 3. CONSIDERATION OF EXTENSION OF FEE WAIVER FOR PARCEL MERGER AND LOT LINE ADJUSTMENT APPLICATIONS. Mr. Herman advised that six months ago, when the procedure for waiver of fees for parcel mergers and lot line adjustments was approved, the Council asked that it be reviewed in December 1989. As of July 1989, 31 applications have been processed and about 6 took advantage of the building incentive program and 21 took advantage of the sewer assessment district program. This resulted in a total loss of revenue to the City of $15,075. He recommended that the program be continued to July 1991 and that there be an annual review. Council Member Bohnenberger asked Mr. Herman, if in his experience, has any developer indicated that they would be more inclined to take advantage of this policy if we provided more incentives, like waiving some of the infrastructure fees and Mr. Herman advised not. MOTION It was moved by Council Members Bohnenberger/Sniff that the parcel merger and lot line adjustment fees waiver policy be extended to July 1991, with provision for review in December 1990. Motion carried unanimously. MINUTE ORDER NO. 89-145. 4. SECOND READING OF ORDINANCES. ORDINANCE NO. 159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FOR THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE 89-049 NORTH STAR CALIFORNIA CORPORATION. It was moved by Council Members Sniff/Rushworth that Ordinance No. 159 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 BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 8 December 19, 1989 ORDINANCE NO. 160 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 11.72, PUBLIC NUISANCES, OF T?E LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Rushworth that Ordinance No. 160 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 5. STATUS REPORT FROM CITY ATTORNEY ON CABLE FRANCHISE. Ms. Honeywell, City Attorney, advised that she has reviewed the franchise and some of the current case law and has come to the conclusion thus far, that in the event that they are not following the performance standards set forth in the agreement, we will be able to take some type of action to get them to comply. So the next step is, she will be working with the Ass't. City Manager to follow up and determine the performance standards set forth in the agreement, and which ones they are or are not complying with so that we will have a basis on which to start taking some action if we wish. As far as how long this will take, it will depend on how we are going to go about gathering the information needed. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF DECEMBER 5, 1989. 3. REMOVED FROM THE AGENDA. 4. APPROVAL OF FINAL TRACT MAP 23913 JOE SWAIN JAS CORP. 5. APPROVAL OF FINAL TRACT MAP 21555-4 BARCON DEVELOPMENT. 6. APPROVAL OF FINAL TRACT MAP 21555-5 BARCON DEVELOPMENT. 7. APPROVAL OF VARIANCE FOR FINISH FLOOR ELEVATION: a. Lot 79 Desert Club Tract Unit No. S b. Lot 78 Desert Club Tract Unit No. 5 c. Lot 59 Desert Club Tract Unit No. 5 d. Lot 120- Desert Club Tract Unit No. 5 8. AWARD OF BID FOR CAB AND CHASSIS. BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 9 December 19, 1989 9. ACCEPTANCE OF PLANNING COMMISSION RECOMMENDATION FOR IN-LIEU PARK FEES FOR TRACT 23268 APPLICANT: VALLEY LAND DEVELOPMENT. 10. DENIAL OF CLAIM SUBMITTED BY ALLSTATE ON BEHALF OF GARRY COTTON. MOTION It was moved by Council Members Sniff/Rushworth that Consent Items 1 10 be approved as recommended with Item No. 1 being approved by RESOLUTION NO. 89-141. Motion carried unanimously. MINUTE ORDER NO. 89-146. COUNCIL COMMENT COUNCIL MEMBER BOHNENBERGER reported on CVAG's Energy and Environment Committee advising that as a result of the Recycling Bill recently approved by the legislature and signed by the Governor, by the year 1995, we re going to have to start recycling 25% of our solid waste stream and by the year 2000, it goes up to 50%. The City has been participating, on a voluntary basis with Waste Management. If we re comparable with Palm Desert, then we're currently only recycling 6%-8% of our solid waste stream. Palm Desert has brought up the idea of yard waste composting and recycling since a large percentage of our waste is from yard trimmings and cuttings and there's a market for composted yard waste. Palm Desert is purchasing recycled paper, and he believed that before too long, all public agencies are going to be required to do this. By 1994, we have to have an adopted plan as to how we are going to achieve these standards. MAYOR PENA advised that staff is working on scheduling a joint study session with the Community Services Commission at their regular meeting of January 29, 1990. PUBLIC COMMENT RON SOCHA, Franchise Owner of Circle K, 80-100 Highway 111, addressed the Council on the matter of the street improvements being made on Jefferson Street, particularly the lack of a median break to provide access to his parking lot for south-bound traffic on Jefferson Street. Considerable discussion ensued with regard to the design with Mr. Socha being advised that that portion and side of Jefferson Street is within the City of Indio and was designed with input from their City Engineer. It was suggested that he approach Indio regarding this matter and Council advised that we would work with the City of Indio in trying to resolve the problems posed. BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02 wCity Council Minutes Page 10 December 19, 1989 STUDY SESSION AGENDA COUNCIL MEMBER BOHNENBERGER referred to the various departments activity reports and noted the increase in activity in all departments during the past year. He commended the City Staff. MOTION It was moved by Council Members Sniff/Bohnenberger that staff identify properties for park lands in the north area of the City. Motion carried unanimously. MINUTE ORDER NO. 89-147. Council instructed the City Clerk to prepare the necessary documents to change the Council's meeting time to 7:00 P.M. Council adjourned to closed session at 8:50 P.M. pursuant to Government Code Sections 5495E.9 c) to discuss litigation in particular: City of Indio/Indio Case No. 5749E and to discuss personnel pursuant to Government Code Section 54957; potential litigation pursuant to Government Code Section 54956.9(b) and land acquisition pursuant to Government Code Section 54956.8. There being no further business, the meeting was adjourned. ReSpectfully submitted, SAUNDRA L City Clerk City of La Quinta, California BIB] 02-17-96-U01 02:51:20PM-U01 CCMIN-U02 12-U02 19-U02 1989-U02