Loading...
1992 01 21 CC Minutes LA QUINTA CITY COUNCIL MINUTES JANUARY 21, 1992 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mrs. Honeywell asked that the matter of Palmer CableVision change of ownership be added to the Closed Session agenda. Mrs. Juhola advised that the applicant on Public Hearing No. 1 will be present to request a continuance. Council Member Bohnenberger asked that Consent Item No. 7 be moved to Business Session No. 6. MOTION It was moved by Council Members Sniff/Franklin to add discussion of Palmer Cablevision change of ownership to the Closed Session agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Franklin that the Council minutes of January 7, 1992, January 10, 1992 and December 11, 1991 be approved as submitted. Motion carried unanimously. PUBLIC COMMENT Fred Rice, 48-780 Eisenhower Dr., addressed the Council on the matter of the investment fraud case involving the City and ITM, stating that he's proud of the City Manager, City Council and City Staff and strongly urged that there be no sacrificial lamb". He asked that any decisions be put aside until more information is forthcoming and we know who is at fault. Fred Wolff, 77-227 Calle Ensenada, also addressed the Council on the ITM matter and in support of the City Manager. He believed that the City Manager has been good for La Quinta and done a tremendous job of moving the City ahead. He believed that it would be damaging for the City if the City Manager were to leave. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 2 January 21, 1992 John walling, 51-260 Avenida Rubjo, also spoke in support of the City Manager, stating that the City has taken quantum leaps during the last ten years. He believes that Mr. Kiedrowski is the best City Manager he has ever worked with. He also expressed concern for the appearance of a splintering of the Council. Council Member Sniff stated that he has been involved in the City since incorporation, always with the City's best interest being paramount. He further stated that he's never shied away from his responsibilities and has always voted commensurate with legalities, reason and fairness and will not be intimidated into making any decisions. Council Member Franklin stated that the loss with ITM is at least $3 million and the ability to recover the remaining funds are still in question. The City must prevent this situation from occurring again, which is what the Council is currently exploring. She felt that the community needs answers and they need to assist the Council in finding the answers. Therefore, she proposed a Citizens Task Force, which will not reflect the old or new biases it should not be comprised of former City Council Members, Planning Commissioners, Community Services Commissioners or persons with past or present contracts with the City in order to give it the objectivity it needs. She believed that there are competent citizens in our City and valley who have financial and business expertise who could assist the City in exploring this investment situation. She suggested that each Council Member select two citizens with financial expertise to participate. She asked that this Task Force report to the City Council by the middle of February with preliminary findings and recommendations. ANNOUNCEMENTS None WRITTEN CORRESPONDENCE a. Letter from Beverly Brazil regarding perimeter landscaping at Cactus Flower. Noted and filed. b. Letter from Mr. & Mrs. William Davis regarding Public Use Permit for La Quinta Christian Fellowship Church. Noted and filed. c. Letters from Mrs. Giannini, Mr. & Mrs. Sterns, Mr. & Mrs. Bienek, Mrs. McGinty, Dr. Kelly Jones and Dr. Robert Jones regarding land uses in Annexation No. 5 Area. Noted and filed. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 3 January 21, 1992 BUSINESS SESSION 1. PROGRESS UP-DATE FROM TENTH ANNIVERSARY COMMITTEE AND REQUEST FOR ADDITIONAL FUNDS. Ms. Crane, Chairwoman of the Tenth Anniversary Committee advised that the Committee feels that the dinner dance was a success with 330 people in attendance. The Capra Film Festival drew 200 people and 85 people attended the brunch. The Committee has extended the agenda to go through May 3rd, ending with a Concert at The Hotel, which will be free to residents of La Quinta. Mr. Bohlen, Parks and Recreation Manager, advised that some interest has been expressed in registering the logo and was, therefore, referred to the City Attorney for review. Mr. Bohien added that the Committee is withdrawing the proposal for a float in the Date Festival Parade. Ms. Crane advised that the Committee has discussed the various times in which the plaques could be presented, i.e., at the Open House, Council Meeting, or May 3rd Concert. Mayor Pena also suggested the Mayor's Breakfast. The plaques should be received in April. Ms. Crane then advised that the Committee is requesting an additional $5,000 to fund the activities through May 3rd. Council expressed support for the budget supplement and agreed that the logo should be registered. MOTION It was moved by Council Members sniff/Bohnenberger to approve the $5,000 budget supplement and submission of applications to register the logo in three different classes and approval of fees for same. Motion carried unanimously. MINUTE ORDER NO. 92-9. The Council then decided that the plaques could be presented at various events and asked that the Committee identify the events and plan the presentations. Mr. Newkirk, Chairman of the Subcommittee on fund-raising advised that he has been charged with raising $10,000. Council commended the Committee on the excellent job they're doing in planning and organizing the Tenth Anniversary events. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 4 January 21, 1992 2. CONSIDERATION OF APPROVAL OF ASSESSMENT DISTRICT 91-1 AREA B'?) CONTRACT CHANGE ORDER NO. 2-B. Council Member Bohnenberger advised that he will be abstaining from this issue due to a possible conflict of interest. Mr. Reynolds recommended approval of a Contract Change Order for Phase IV Area B for completion of the water distribution system and to obtain reimbursement of costs from Coachella Valley Water District. MOTION It was moved by Council Members Sniff/Franklin to approve Contract Change Order No. 2-B in the amount of $53,740 for Assessment District No. 91-1 Area B, costs to be reimbursed by Coachella Valley Water District. Motion carried with Council Member Bohnenberger abstaining. MINUTE ORDER NO. 92-10. 3. CONSIDERATION OF REQUEST OF LUSARDI CONSTRUCTION CO. FOR SUBSTITUTION OF SUB-CONTRACTOR ON CIVIC CENTER PROJECT. Mr. Reynolds advised that Lusardi Construction Co. has requested substitution of the steel contractor, Coachella Valley Steel, who has been unable to furnish a bond. They were put on notice and given five days to protest. To date, no protest has been received. Therefore, Lusardi is requesting a substitution to Kelly Steel. Council Member Sniff asked if there are any legal problems and Ms. Honeywell advised not, that legal procedures have been followed. MOTION It was moved by Council Members Sniff/Rushworth that authorization be given for Lusardi Construction Co. to substitute the steel contractor, C. V. Steel with Kelly Steel for the Civic Center Project. Motion carried unanimously. MINUTE ORDER NO. 92-11. 4. CONSIDERATION OF REPORT OF COSTS FOR SIDEWALK ALONG BERMUDAS AND CHANGE ORDER NO. A-i TO ASSESSMENT DISTRICT 91-1 AREA A'') Mr. Reynolds advised that Council asked Staff to investigate the possibility of installing an eight-foot sidewalk in Assessment District 91-1 Area A on the east side of Bermudas from Colima to Durango. A favorable bid in the amount of $67,540 was received from the Contractor. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 5 January 21, 1992 Council Member Sniff and Mayor Pena questioned if they might have a conflict of interest. Following discussion with Ms. Honeywell, it was determined that Council Member Sniff had no conflict, but Mayor Pena abstained from the issue due to a possible conflict. MOTION It was moved by Council Members Bohnenberger/ Rushworth to approve Contract Change Order A-i to construct sidewalk along the east side of Bermudas from Colima to Durango at a cost of $67,540. Motion carried with Mayor Pena abstaining. MINUTE ORDER NO. 92-12. 5. APPEAL OF PLANNING COMMISSION ACTION ON VARIANCE 91-019, ENVIRONMENTAL DETERMINATION AND PLOT PLAN 91-466. A REQUEST TO DEVELOP A MULTIPLE-USE COMMERCIAL CENTER ON 5.? ACRES AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET IN A CPS ZONING DISTRICT SIMON PLAZA. Mr. Trousdell, Associate Planner, presented staff report advising that the Planning Commission reviewed and considered the applications submitted for Simon Plaza and denied the Variance and approved the Plot Plan application with modified conditions. One of the conditions of approval was to limit the building height on Washington Street to one-story versus the two-story proposed by the applicant. Mr. Trousdell briefly reviewed the land uses which include a bowling alley, restaurant, offices and parking structure. Since the Planning Commission meeting, the applicant has reconfigured the square footage moving the one-story bowling alley to Washington frontage; moving the parking structure to the rear next to Simon Motors and leaving the restaurant on the corner. Mr. Trousdell recommended that the Council move forward with setting a date for the hearing on the appeal and address the new options. Discussion ensued regarding the proper way to proceed, given that this is basically, a new Plot Plan and probably should be reviewed by the Planning Commission again. Phil Pead, representing Simon Plaza, briefly reviewed the revised layout and set-backs. He said that they have attempted to reconfigure to conform with the Planning Commission's modified conditions. Council then concurred to set a date for public hearing on the appeal of the original Plot Plan submittal for March 3rd. In BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 6 January 21, 1992 the interim, if the applicant wishes, he can go back to the Planning Commission with the new configuration in the interim. If that new configuration is approved by the Planning Commission, then the applicant has the option of withdrawing the appeal. MOTION It was moved by Council Members Bohnenberger/ Rushworth that a public hearing be set for March 3rd for Simon Plaza. Motion carried unanimously. MINUTE ORDER NO. 92-13. 6. ADOPTION OF RESOLUTION DECLARING THE CITY'S INTENTION TO VACATE A PORTION OF CALLE PALOMA AND WASHINGTON STREET AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING CASE NO. STREET VACATION NO. 91-019. Council Member Bohnenberger abstained from this issue due to a possible conflict of interest. Mr. Steve Speer, Assistant City Engineer, advised that the purpose of the proposed street vacation is to eliminate a poorly-designed intersection at Calle Paloma, Avenida La Fonda and Washington Street. Additionally, with the realignment of Washington Street and diverting of Avenida La Fonda to the south on a frontage road adjacent to Washington St., this street vacation has been made necessary. He then presented three alternatives for Council's consideration as follows: 1) Vacate the street as proposed, abandon the existing water line, and reconfigure the water system as needed. Costs: $7,500-$27,500 depending on whether the City expects the benefactors of this proposal to cover part of the costs. 2) Vacate the street as proposed, but leave the existing water line in place with CVWD retaining an easement for their water line. Costs: $7,500. 3) Do not vacate. Build the westerly alignment of Calle Paloma in the existing right-of-way with a sharp curve at each end to create right-angle intersections where the street intersects Avenida La Fonda and the easterly alignment of Calle Paloma. Costs: $12,500. Following a brief discussion, Council concurred on setting a public hearing on a proposed vacation for February 18th and have the item agendized again at the next meeting for further consideration. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 7 January 21, 1992 RESOLUTION NO. 92-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE PORTIONS OF CERTAIN STREETS, FIXING A TIME AND DATE OF HEARING ALL PERSONS INTERESTED OR OBJECTING TO THE PROPOSED VACATION, PROVIDING FOR POSTING PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTION 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. CASE NO. SV 91-019. It was moved by Council Members Sniff/Franklin that Resolution No. 92-5 be adopted and that the matter be re-agendized for February 4th. Motion carried with Council Member Bohnenberger abstaining. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF TEMPORARY CLOSURE OF STREETS FOR THE 1992 LA QUINTA ARTS FESTIVAL. 3. APPROVAL OF FINAL MAP 21120 SANTA ROSA COVE, LA QUINTA JOINT VENTURE. 4. APPROVAL OF COST-SHARING AGREEMENT WITH CALTRANS FOR SIGNALS AND SAFETY LIGHTING ON HIGHWAY 111. 5. ADOPTION OF RESOLUTION EXPRESSING APPRECIATION TO PALMER CABLEVISION FOR SERVICES IN CONNECTION WITH PRODUCTION OF A VIDEO. 6. APPROVAL OF SPECIAL ADVERTISING DEVICE NO. 92-020 REQUEST FOR A 3? X 10? LEASING" BANNER FOR A COMMERCIAL BUILDING AT 51?370 AVENIDA BERMUDAS FOR SIX MONTHS. APPLICANT: ROBERT BARNES. 7. CONSIDERED AS BUSINESS SESSION NO. 6. 8. APPROVAL OF CONTRACT WITH DAVID EVANS & ASSOC. INC. & AMERICAN DEVELOPMENT CONSULTANTS TO PREPARE AN EIR FOR THE LA QUINTA CENTER MALL WITH ALL COSTS TO BE PAID BY DEVELOPER. 9. ADOPTION OF RESOLUTION SUPPORTING CONGRESSIONAL APPROPRIATION OF LAND AND WATER CONSERVATION FUNDS TO BLM FOR ACQUISITION OF LANDS IN THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA AND BIG MORONGO CANYON ACEC. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 6 January 21, 1992 10. ADOPTION OF RESOLUTION ACCEPTING GOLF VOUCHERS FROM LANDMARK LAND CO. FOR ECONOMIC DEVELOPMENT PURPOSES. MOTION It was moved by Council Members Sniff/Franklin that the Consent Calendar be approved as recommended with Item Nos. 2, 4, 5, 9 & 10 being approved by RESOLUTION NOS. 92-6, 92-7, 92-8, 92-9 and 92-10 respectively. Motion carried unanimously. MINUTE ORDER NO. 92-14. STUDY SESSION 1. CONSIDERATION OF REQUEST OF LA QUINTA CHAMBER OF COMMERCE FOR FUNDING ASSISTANCE FOR A STREET FAIR. Ms. Dallas, Executive Director of La Quinta Chamber of Commerce, provided an overview of their vision of the Street Fair/Certified Farmers Market. It will take place every Friday evening from 6-9 P.M. on Calle Estado and would be comprised of artisans and handcrafted vendors approximately 60 booths) and entertainment, which could be changed weekly. Ms. Dallas advised that there would be a 2-3 month coordination period and 3 months of the event for the requested funding. They feel they need a temporary, full-time person to coordinate this event at a cost of $12,500 for a six-month period. Additionally, they are requesting seed money in the amount of $3,950. She was hopeful that the seed money will be reimbursed when the event begins to generate revenue. She noted that sponsorships will be solicited. In response to questions by Council, Ms. Dallas advised that both the COD Swap Meet and Palm Springs' Village Fest have full-time coordinators. The reason Friday was selected was because they didn't want to compete with the other similar events and because many people are looking for something to do on a Friday night that they can do as a family. Additionally, many of the vendors will be exhibiting at all three. Regarding the impact on local business, her experience has been that street fairs improve local business. Regarding parking, she thought that the City's lots on Navarro/ Montezuma/Bermudas could be used. A brief discussion ensued regarding the feasibility of using a *`contract" person as opposed to an employee". Mayor Pena expressed concern about any possible conflicts with the Arts Foundation and asked if they have been consulted. Ms. Dallas advised that they will be consulted once the idea gets further along. She had no intention of competing or posing any conflicts with the Foundation. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 9 January 21, 1992 Mayor Pena suggested starting with a swap meet" idea and building it up to a *`street fair". He was not convinced that there's enough in the Village at this time to draw people to a street fair. Continued discussion ensued regarding concern about interfering with the integrity of the Arts Foundation and their events. Council Member Bohnenberger stated that it sounds like a Village Faire once a week and he will, therefore, have to think about and figure out how the two can interface. Ms. Robertson, Executive Director of the La Quinta Arts Foundation, stated that they support the concept, but asked that they be included in all of the planning for the project. Mayor Pena suggested that the Chamber and Foundation get together and come back to the Council at the next meeting with a more defined plan. Robert Metkus felt that a private contractor should be considered in order to relieve the City and Chamber of liability. Council Member Sniff wished to see the Chamber have the over- all responsibility and asked that they be creative. This is an event that should be a joint effort between the Chamber and the Arts Foundation to make sure it does not become competitive with the Foundation and erode their function here. Council concurred on re-agendizing the matter for the next meeting for more information. 2. DISCUSSION OF DEVELOPMENT OF THE VILLAGE AT LA QUINTA. Mr. Kiedrowski advised that there are a number of matters currently being discussed relative to The Village. He noted that the Nicholson property has been put on the market at $14.50 per sq. ft. REPORTS AND INFORMATION ITEMS Palm Springs Desert Resorts Convention & Visitors Bureau Mayor Pena advised that at today's meeting there was a request made of the cities to subsidize the CVB for the short-fall they anticipate. In response to questions by Council, Mayor Pena advised that there is about a $1,000,000 short-fall, adding that there was a BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 10 January 21, 1992 difference in philosophies relative to whether or not it should be convention only as compared to an industry-wide promotion. He added that Ms. Vossler Woodard will be present at the next meeting to give an up-date. Council Member Bohnenberger stated that he would support the subsidy. CVAG Housing Committee Council Member Rushworth advised that Council Member Arenstein of Indian Wells was planning to go to Sacramento to lobby for the ability to transfer expenditure of their 20% set-aside funds to another city, adding that getting the legislation passed doesn't look favorable. Coachella valley Mts. Conservancy Council Member Franklin advised that either she or Katie Barrows will be presenting a report at the next meeting. DEPARTMENT REPORTS Mr. Genovese advised that the City has received the Meritorious Award" 2nd highest award) by the California State Municipal Finance Officers for our 1991/92 budget. advised that negotiations are continuing with T.I. Maloney for design services for Fritz Burns Park a contract should be presented to the Council in February. the annual budget cycle is about to begin and a calendar of significant dates will be submitted to the Council. Mrs. Juhola advised that she will be contacting the Council soon to set-up a joint meeting with the Community Services Commission. noted that the next General Plan Up-Date meeting is February 12th. Mr. Hartung advised that the property owner of the home on Quito which is under abatement is about to begin getting the house back to its original condition. MAYOR AND COUNCIL MEMBER I'rEMS None BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 11 January 21, 1992 PUBLIC COMMENT AUDREY OSTROWSKY, P.O. Box 351, La Quinta, referred to the fact that Mr. Nicholson is selling his property for $14.50 per sq. ft. is reasonable in light of the fact that he purchased it for $17.00. She encouraged the Council to work with the property owners in development of The village. Council recessed to Redevelopment Agency meeting. Council reconvened and adjourned to Closed Session to discuss the following matters: a. Discussion of potential pending litigation pursuant to Government Code Section 54956(a) Landmark Bankruptcy Proceedings Palmer Cablevision Change of Ownership b. Discussion of pending litigation pursuant to Government Code Section 54956(a) International Treasury Management/Denman Company City of Indio Case No. 62944 C. Discussion of personnel pursuant to Government Code Section 54957. Council recessed and then reconvened at 7:00 P.M. PRESENTATIONS Mayor Pena presented Steve Merritt, Ken white, Michael Patterson and Joe Mazur with Palmer CableVision, a resolution of appreciation for their assistance in the production of a video La Quinta, Gem of the Desert, a Ten Carat Decade". PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 91- 008 LA QUINTA CHRISTIAN FELLOWSHIP CHURCH REQUEST FOR A 3.553 SQ. FT. EXPANSION TO AN EXISTING CHURCH AND ASSOCIATED PARKING AREA AT 53-800 CALLE PALOMA. Mr. Jack Clark, representing La Quinta Christian Fellowship Church requested a continuance until February 4, 1992. MOTION It was moved by Council Members Sniff/Bohnenberger that the public hearing on Public Use Permit 91-008 be continued to February 4? 1992. Motion carried unanimously. MINUTE ORDER NO. 92-15. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 12 January 21, 1992 2. CONTINUED HEARING ON SPECIFIC PLAN 90-020, PARCEL MAP 26471 AND ENVIRONMENTAL ASSESSMENT 90-183 TO ALLOW 925 RESIDENTIAL UNITS IN 7 MASTER-PLANNED VILLAGES ON 271 ACRES LOCATED ON THE WEST SIDE OF MADISON STREET BETWEEN 52ND & 53RD AVENUE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: STUART ENTERPRISES, LTD. Council Member Bohnenberger stated that in keeping with the Study Session discussions of January 15th and the City?s commitments to the residents of the Annexation No. 5 area to include them in future planning as part of the General Plan process, and until the completion of the General Plan up-date process, he proposed a moratorium on any further new development in Annexation No. 5. This would preclude the approval of any new proposed developments in the area, but would not preclude the issuance of building permits for any existing developments in that area at that time. Ms. Honeywell advised that the proposed ordinance establishing a moratorium requires a 4/5 vote and would put in place, initially of 45-days, a moratorium on any further discretionary approvals within the Annexation No. 5 area. The purpose for it would be to allow time for the current General Plan discussions which are examining, in part, what the uses should be on these properties and to advance to a further state before irreconcilable decisions are made as to proposed land uses in this area. At the end of 45-days, Council would need to consider whether they wish to extend it for a longer period of time or let it expire. NOTION It was moved by Council Members Bohnenberger/ Rushworth to take up Ordinance No. 201 by title and number only and waive further reading. Council Member Sniff stated that he could not support a moratorium. He believed that we need to encourage building, even though he understands the concerns. He didn't feel that we need any dis-incentives at this time. Council Member Bohnenberger stated that to not adopt a moratorium and proceed with the two projects before the Council at this time, will, in effect, cut these residents out of the planning process. Once these projects are approved, there isn t a lot of land remaining in that area left to discuss. Unless this moratorium is established, these maps before the Council cannot be continued indefinitely without running into legal difficulties. He didn?t believe that this action will halt any development that would take place in six months time. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 13 January 21, 1992 Mayor Pena stated that's assuming that this land-owner before the Council doesn't have any property rights. He has talked to staff and obtained a chronology of the events that have taken place in that area, noting that there have been many opportunities for the residents to come forward with their concerns before this time. He found it difficult, that for two years that this project has been in the process, that now, we're considering a moratorium. Council Member Franklin stated that Council has had discussions with the Planning Commission, the public and among ourselves and haven't come to a conclusion as to how every piece of land in that area should look, but felt that some good ideas have evolved. She could not support a moratorium. Council Member Rushworth stated that he, too, could not support a moratorium. MOTION FAILED with Council Members Franklin, Rushworth, Sniff, and Mayor Pena voting NO. Mr. Sawa, Associate Planner, presented staff report advising that staff has added a condition relative to a paleontological report. He noted that after the staff report was submitted, the applicant submitted a revised Specific Plan text which changes the number of units from 925 to 850, which reduces the overall density from 3.4 to 3.13. They are asking that the minimum lot size be 8,000 sq. ft.; whereas, the Planning Commission recommended a minimum of 10,000. The applicant has also deleted any reference to a Mello Roos District and a Landscape and Lighting District for perimeter landscaping. He added that in response to discussions during the January 15th study session, staff has prepared alternative conditions with various options for Council's consideration. Craig Bryant, President of Winchester Asset Mgmt., representing the applicant, advised that the revised project is now consistent with the zoning and land use requirements of the City. Further reduction in density would rob the project of financial viability and its competitiveness. He believed that the project, as it's now designed will provide for flexibility and character. He requested that the minimum lot size be set at 8,000 sq. ft. He noted that the project provides for more green belt than virtually all country club PUD's. There is room in Annexation Area 5 for all types of projects, as long as the maximum density remains at 4. Those that can afford estate lots of one or more acres should be encouraged, while those who wish to be a part of planned communities should also be allowed to develop. Diversity of product will give the area a unique character. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 14 January 21, 1992 Ron Gregory, Landscape Architect for the project, proceeded to review the landscape plan advising that the typical project entry has water treatments using recirculated water and ranges from 1/4 acre to 1/3 acre. The Parkway Park which also has a water element is 1 acre. It also includes a bike/pedestrian path. The landscaping has been designed in a way to eliminate the appearance of a sea of rooftops from the street. All plants and irrigation systems are water-efficient. PUBLIC HEARING OPEN Vicky Jeffries, 50-555 Vista Montana, Green Valley, advised that her family moved here from Los Angeles to get away from the congestion and to have a place where they could have horses and raise their kids in a safe environment. She opposed this project because of the density. Morgan Ward, Jr., 48-800 San Pedro, spoke in favor of the project. Re understood the desire for an equestrian area, but today?s economic reality calls for a mix of lot sizes, noting that economics change and evolve through the years. The City has the power to impose conditions and standards to insure desirable development in that area. Jack McGinty, 80-820 Vista Bonita, gave a presentation to the audience as to the existing land uses in the area and what is proposed. He advised that the overall density of the City is 2.49 per acre. He did not understand why the Council will not allow another 45-days under a moratorium) to further review the land uses in this area. Julie Reeske, 54-415 Vallejo, addressed the Council and read a flyer that she received in the mail, which she felt was insulting to the residents of the Annexation No. 5 area. She stated that the people don?t want a moratorium, but wants the City to think-out and plan-out the City so that the area will enhance the City. Dennis Chappel, 42-235 Tennessee, Palm Desert, President of the Desert Contractors Association, stated that they have reviewed the project and feel that it will enhance the City and they opposed the moratorium. He then introduced other members of the Association who were against the moratorium, Mr. Vanderboom, Rod Murphy, Bob Perryman, Mr. Chase, Dan Brewer, Darwin Haegle, Lyn Gilbert and Howard Mackalony. He added that they believe that the applicant has selected an excellent landscape architect. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 15 January 21, 1992 George Sterns, 51-425 Madison, advised that his property is adjacent to previously-approved projects DarrlPudney, and he would like to see the area kept rural. He felt that the moratorium is a sensible solution. Shirley McGinty, 80-820 Vista Bonita, stated that she was appalled by the flyers that were mailed, which were intended to divide the community. She stated that this project is going to be more dense than anything else south of Highway 111. She concluded that the project does not provide any of the essence discussed at the recent study session. Hank Hohenstein, 9090 Escorla, Desert Hot Springs, representing the BIA, referred to a study performed in San Luis Obispo at a time when they enacted an ordinance to impede growth. They found that it did not result in providing the rural atmosphere that they had anticipated. He felt that the approach that has been taken by the landscape architect will give the project a great feeling of rural atmosphere. He did not believe that 3.13 dulacre is dense by clustering the buildings, there becomes a sense of community. Robert Jones, 80-748 Vista Bonita, did not believe that the tone and the mood at the recent study session is being reflected at this meeting. He asked the Council to ask themselves if this project is what we really want in that area. Beth Sterns, commented on the impacts this project will have on the streets and on the already over-burdened schools. Craig Bryant, stated that they have attempted to incorporate suggestions and comments by both the public and the Planning Staff into this project. He noted that the project will provide $3 million for the Coachella Valley Unified School District. He also noted that each tract is going to have to come back before the Council for approval. PUHLIC HEARING CLOSED Council Member Sniff stated that the Council has listened to all the people and the Council has many alternatives before them for consideration as a result of the January 15th study session. The Council then proceeded to review the recommended conditions and alternative conditions as submitted by Staff. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 16 January 21, 1992 Council Member Bohnenberger stated that the Council is trying to condense a process that should take place during the next five months. Council Member Bohnenberger left the dias at 8:32 P.M. Council continued to review the conditions and finally concurred on the following: 1. All residential lots within 200 feet of the right-of-way of 52nd Avenue, 53rd Avenue and Madison Street shall be 10,000 to 12,000 sq. ft. The remainder of the specific plan shall have a minimum lot size of 9,000. 2. All lots shall have minimum lot width of: perimeter lots minimum of 100' and interior lots minimum of 80? except for cul-de-sacs. 3. The maximum density of the development shall be 3.13 dulac 4. Architectural themes for the specific plan shall be revised to only allow rural/country/ranch designs. 5. Adjacent to 52nd Avenue, 53rd Avenue, Madison Street, each village shall provide at least one amenity core open space/passive green-belt area), similar to that shown on Land Use Plan in Specific Plan for village #5. The areas shall have a minimum size of 1/2 acre. 6. 75% of the dwelling units within 150' of the Madison and 53rd Avenue right-of-way shall be limited to one-story in height. All one-story units in the project shall be a maximum of 18' in height with two-story units in project a maximum of 24' in height. Dwelling units within 150' of 52nd Avenue shall be one-story in height, maximum 18' in height. 7. Applicant shall provide a meandering landscaped setback lot 20' 40' adjacent to 52nd Avenue, 53rd Avenue and Madison Street. 8. The perimeter wall of the Specific Plan area adjacent to 52nd, 53rd Avenue and Madison Street shall meander with the meandering landscape area. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 17 January 21, 1992 9. Applicant shall construct a six?foot wide meandering sidewalk with equestrian trail in the landscaped setback area along 52nd, 53rd Avenues and Madison, to the satisfaction of the City and shall have a split rail fence. 10. The minimum house size shall be 1,800 sq. ft. 11. The minimum setbacks shall be: a. Front..........25' b. Rear...........20' c. Side...........10' d. Street Side... 20' 12. Architectural Variety: hen houses using similar architectural styles are located within two hundred fifty feet of each other, exterior building elevations shall make provision for architectural variety by using different colors, styles, roof treatments, window treatments, garage door treatments and similar methods. No two architectural styles shall be constructed adjacent to each other). Mr. Bryant, stated that all of the conditions are fine, but hoped that the Council will say that they can work with staff in such a way that they can still get a house on the lots and maintain the 3.13 density. RESOLUTION NO. 92-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCURRING WITH THE ENVIRONMENTAL ASSESSMENT AND APPROVING SPECIFIC PLAN 90-020. CASE NO. SP 90-020 STUART ENTERPRISES, LTD. It was moved by Council Members Sniff/Franklin that Resolution No. 92-11 be adopted as amended including the paleontological report. Motion carried with Council Member Bohnenberger abstaining. RESOLUTION NO. 92-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 26471 TO ALLOW THE CREATION OF SIX PARCELS ON A 235 + ACRE SITE. CASE NO. TPM 26471 STUART ENTERPRISES, LTD. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 18 January 21, 1992 It was moved by Council Members Sniff/Franklin that Resolution No. 92-12 be adopted as amended. Motion carried with Council Member Bohnenberger abstaining. Council Member Bohnenberger returned to the dias at 9:10 P.M. 3. CONTINUED HEARING ON APPEAL OF PLANNING COMMISSION'S DENIAL OF APPLICATIONS BY SEASTAR/MADISON ESTATES RELATIVE TO PROPERTY LOCATED ON THE EAST SIDE OF MADISON STREET, 1/4 MILE SOUTH OF 54TH AVENUE AND APPROVAL OF ENVIRONMENTAL DETERMINATION. Council Member Bohnenberger stated that he will not be participating in this matter for the same reasons he did not participate in the last matter because he feels that it's inappropriate and untimely. Council Member Bohnenberger left the dias at 9:11 P.M. Mr. Herman advised that the Planning Commission denied the applicant's request for a General Plan Amendment from very Low Density to Low Density. They also denied a request for Change of Zone from R-1 20,000 to R-1 8,000. They did approve the Tentative Tract subject to conditions and with minimum lot sizes of 20,000 sq. ft. The applicant has appealed the Planning Commission decision, which is before the Council at this time. He noted that there is an additional condition requiring a paleontological report. JOHN MUSIAL, 16486 Bernardo Center Dr., Suite 310, San Diego, described the proposed project, advising that he plans 98 ranch and spanish style homes. It is an internally designed project with no homeowners association. All of the lots, except for the cul-de-sacs and those on curves have 100' lot widths. He further advised that there is a 32' landscaped area with a 6' meandering sidewalk and an 8' equestrian trail and native or desert-style landscaping to create a feeling of openness on Madison. He was in agreement with the recommended conditions and asked that the Council approve the General Plan Amendment, Change of Zone and Tract Map with a minimum of 10,000 sq. ft. lots maximum of 19,000 sq. ft. lots). This results in an overall density of 2.47 units per acre. In response to Mayor Pena, Mr. Musial advised that 35 lots are 10,000-11,000 sq. ft.; 30 are 11,000-12,000 sq. ft.; and 33 are in excess of 12,000. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 19 January 21, 1992 A brief discussion ensued with Council concurring that it's a good project. They did express concern that the sidewalks and equestrian trails must link with those of other projects in order to make them functional. RESOLUTION NO. 91-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT 91-216 AND APPROVING GENERAL PLAN AMENDMENT 91-038, A REQUEST TO AMEND THE LA QUINTA GENERAL PLAN LAND USE MAP FROM VERY LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL CASE NO. GPA 91-038 MADISON ESTATES/SEASTAR. It was moved by Council Members Sniff/Rushworth to adopt Resolution No. 91-13. Motion carried with Council Member Bohnenberger abstaining. MOTION It was moved by Council Members Sniff/Rushworth that Ordinance No. 201 be taken up by title and number only and that further reading be waived. Motion carried with Council Member Bohnenberger abstaining. ORDINANCE NO. 201 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 91-067 AND CONFIRMING THE ENVIRONMENTAL DETERMINATION CASE NO. CZ 91-067 MADISON ESTATESISEASTAR APN: 767-320-002. It was moved by Council Members Sniff/Rushworth that Ordinance No. 201 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: Council Member Bohnenberger ABSENT: None RESOLUTION NO. 92-14 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 27224 TO CREATE SINGLE FAMILY LOTS ON A 39+ ACRE SITE CASE NO. TT 27224 MADISON ESTATES/SEASTAR. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 20 January 21, 1992 It was moved by Council Members Sniff/Rushworth that Resolution No. 92-14 be adopted as amended including the paleontological report. Motion carried with Council Member Bohnenberger abstaining. 4. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1992/93 TAX ROLLS: a. Roy Thilagamathy APN 773-123-023 $187.50 b. Marquette Healy APN 773-173-007 $187.50 c. Southfork Ent., Inc. APN 773?144-0l4 $187.50 Mr. Herman advised that there have been no changes to the recommendation to place the above mentioned costs on the tax rolls. PUBLIC HEARING OPENED Council Member Bohnenberger returned to the dias at 9:41 P.M. PUBLIC HEARING CLOSED RESOLUTION NO. 92-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Franklin that Resolution No. 92-15 be adopted. Motion carried unanimously. 5. ADOPTION OF NEGATIVE DECLARATIONS FOR ENVIRONMENTAL ASSESSMENTS OF THE SOURCE REDUCTION AND RECYCLING ELEMENT SRRE) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT HHWE). MOTION It was moved by Council Member Sniff/Mayor Pena that the public hearing on the Negative Declarations for Environmental Assessments of the Source Reduction and Recycling Element and Household Hazardous Waste Element be continued to February 16, 1992. Motion carried unanimously. MINUTE ORDER NO. 92-16. BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02 City Council Minutes 21 January 21, 1992 6. ADOPTION OF A SOURCE REDUCTION AND RECYCLING ELEMENT AND A HOUSEHOLD HAZARDOUS WASTE ELEMENT. MOTION It was moved by Council Members Sniff/Franklin that the public hearing on the Source Reduction and Recycling Element and Household Hazardous Waste Element be continued to February 18, 1992. Motion carried unanimously. MINUTE ORDER NO. 92-17. MAYOR AND COUNCIL MEMBERS ITEMS Council Member Franklin asked that the matter of formation and appointment of a Citizens Advisory Committee be placed on the next agenda. PUBLIC COMMENT None COUNCIL COMMENT None Council adjourned to continue the Closed Session and then reconvened with the City Attorney announcing that an action was taken by a 5/0 vote directing the City Manager to execute the retainment letter for Special Bankruptcy Counsel with Mark Winthrop of the firm Lobel, Winthrop & Broker. Council adjourned. Res?ectfully submitted, /?? SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-29-96-U01 02:27:47PM-U01 CCMIN-U02 01-U02 21-U02 1992-U02