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1988 01 05 CC Minutes 403 LA QUINTA CITY COUNCIL MINUTES JANUARY 5, 1988 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 F.M., in the La Quinta Community Center, 77?86l Avenida Montezuma, Mayor Hoyle presiding. Pledge of Allegiance followed. PRESENT: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle ABSENT: None Cr) CONFIRMATION OF AGENDA m Councilman Pena asked that Item No. 6 be removed from the Consent Calendar and that the Consent Calendar be taken up prior to the Business Session. Council concurred. PUBLIC COMMENT JACK ABELS, P.O. BOX 1416, La Quinta, Director for C. V. Recreation District reported on the activities of the District in La Quinta. There will be public forums in the near future on their master plan with the hope that there will be a good turn-out. COMMENT BY COUNCIL M?ERS COUNCILMAN BOHNENBERGER reported on the bid that has been awarded by the Coachella Valley Water District for the completion of the stormwater facilities. The project should be underway by the end of the month and be completed in July. He also advised that the C. V. Water District will be awarding a million dollar contract for pipeline replacement in the cove next Tuesday. The work will mainly be in the upper 1/3 of the cove to start replacing some of the old lines. COUNCILMAN PENA congratulated Fred Rice on being the recipient of the C. V. Humanitarian of the Year Award. COUNCILWOMAN COX reported on Colmac advising that there is an appeal process devised through the Environmental Protection Agency and Bureau of Indian Affairs in the event one is needed. She added that there are two hearings being scheduled on this BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 2 January 5, 1988 o4 issue one by the EPA in February and one by the PUC by an Administrative Judge. MAYOR HOYLE thanked staff for arranging this meeting in this facility. BUSINESS SESSION 6. ACCEPTANCE OF ACTION OF PLANNING COMMISSION REGARDING LA QUINTA HOTEL EXPANSION PROJECT PLOT PLAN NO. 87-387 Mayor Hoyle abstained from this matter and turned the gavel over to Mayor Pro Tern Pena. Mr. Crump, Planning Director, presented staff report advising that this project includes an addition of 336 new hotel rooms; a 15,000 sq. ft. ballroom; 47,402 sq. ft. of ancillary hotel use and a 17,100 sq. ft. auxiliary building. ALEJANDRO MARTINEZ representing Landmark Land Company addressed the Council and proceeded to review the plot plan and renderings explaining the scope of the project. In response to Councilman Bohnenberger, Mr. Martinez advised that they anticipate an opening date of 1-1-89. MOTION It was moved by Councilman Bohnenberger, seconded by Councilman Sniff that the decision of the Planning Commission with regard to Plot Plan No. 87-387 be accepted. Motion carried with Mayor Hoyle abstaining. MINUTE ORDER NO. 86-1. CONSENT CALENDAR 7. APPROVAL OF MINUTES OF DECEMBER 21, 1987. 8. APPROVAL OF DEMAND REGISTER. MOTION It was moved by Councilwoman Cox, seconded by Councilman Sniff that Consent Items 7 & 8 be approved as recommended with No. 8 being approved by RESOLUTION NO. 88-1. Motion carried on the following roll call vote: AYES: Council embers Bohnenberger, Cox, Pena, Sniff OES: Mayor Hoyle ABSENT: None ABSTAIN: None MINUTE ORDER NO. 88-2. BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 3 January 5, 1986 407 1. CONTINUED CONSIDERATION OF SECOND READING OF ORDINANCE NO. 113A CHANGE OF ZONE 87-026 ANNA HASSELL AND REPORT OF PLANNING COMMISSION ON APPROPRIATENESS OF LAND USE. Mr. Crump, Planning Director presented a brief history of the General Plan proceedings which is contained in the staff report on file in the City Clerk's office. The issue of the change of zone was continued in order for the applicant to meet with the residents in an effort to resolve their concerns. The intent of the zone change is to allow development of a 472 unit apartment complex m DAVID ERWIN, 39-700 Bob Hope Drive, Rancho Mirage, attorney representing the applicant, addressed the Council stating that the City's General Plan designates the particular property in question as high density residential". His reading of the staff's report indicates that R-3, which is the proposed zone, is the only zone in the City's Code, which will make the zoning of this property consistent with the General Plan. He believed that State Law is clear as to the relationship of a General Plan and a zoning ordinance, in that the General Plan is a so called" constitution from which you operate from and the zoning ordinance is subordinate. The law gives a reasonable time in which to bring the zoning ordinance into consistency with the General Plan. He suggested that the Council has one issue before them and that is the requirement of the Government Code which says that the zoning ordinance must be brought into consistency with the General Plan. He urged that if the Council has any question about his statement of the law that they consult with their City Attorney. He requested that Ordinance No. 113A be passed on second reading. MOTION It was moved by Councilman Pena, seconded by Councilwoman Cox that the Council adjourn to Closed Session. Motion carried unanimously. MINUTE ORDER NO. 88-3. Council reconvened to regular session. SUE STEDING, 46-450 Jefferson Street, La Quinta, advised that the Change of Zone in question was easily recommended by the Planning Commission in light of the General Plan. However, it has become clear by some discussions that have occurred since August 1987 that there are two points that suggest that a second look should be had at the General Plan. One is the buffer argument. The most persuasive argument for the Change of Zone was the need for a buffer from the corm??ercial development that should be occurring shortly along Highway 111. Since then, the City commissioned a market study which suggests that the fantasy of an enormous amount of commercial development along Highway 111 is not, in a market sense, a reality. It's beginning to look more and more like mixed residential/commercial which lessens the need for the high BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 4 January 5, 1988 density just north of the wash to provide a buffer. She knew that the ad hoc committee never intended that the General Plan be site specific and that the Planning Commission never intended it to be and the public was never informed that the ultimate draft was intended to be site specific. She concluded in asking that the City Council deny the change of zone and initiate an amendment to the General Plan for that area north of the wash; east of Washington Street? and west of the wash bordering the other end of Indian Springs. WALLY REYNOLDS, 79-860 Fiesta Drive, La Quinta, noted that 175 acres in the City were designated *`high density" and 95 of them are next to their development, which represents 55% of all the high density" designated land. He didn't believe that the streets can handle the additional traffic and reiterated Ms. Stedings comments about there no longer being a need for a buffer. LEN HENDERSON, 80-020 Vista Grande, La Quinta, didn't feel this is the proper location for high density development. ED VINES, 46-200 Jefferson, La Quinta, agreed with Ms. Stedings comments and added that it would have an impact on traffic in the area. BETTY MYLL, 80-131 Palm Circle, La Quinta, advised that in reviewing tapes of past meetings, the former Planning Director made the statement that the General Plan was not site specific. She proceeded to read a letter on file in the City Clerk's office) requesting that the General Plan be amended to designate all land north of the Whitewater wash and east of Adams as low density" with the exception of the designated very low density" and all the land now zoned R-5 open space be designated as open space". Their reasoning is as follows: a. Traffic streets are not adequate to handle the additional traffic; report from Sheriff's Department was negative to the Anna Hassell project; PGA West uses Jefferson to direct traffic from 1-10; reports from GPAC and staff in 9/85 expressed concern about traffic in this area. b. Commitment pre-annexation commitments were made to maintain zoning. C. Communications request that all residents be notified of any proposed project in North La Quinta to the Westward Isle Homeowners Association; use City newsletter; post notices at Vons and at the Indian Springs Golf Club and any other appropriate location. d. Explore the purchase of Indian springs Golf Course as a Municipal course. BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 5 January 5, 1988 399 MARION ELLSON, 80-082 Palm Circle, La Quinta, stated that she worked on the General Plan Committee and it was always stated that it was not site specific. JIM PATTERSON, 79-660 Cortez Lane, La Quinta, commented that when the City of Indio approved the apartment project north of Circle K on Jefferson Street, the residents opposed it and are continuing to oppose high density projects in their area. He also stated that when they became a part of the City, they were promised better streets, which has never happened. HOWARD COLMAN, 79-920 Fiesta Drive, La Quinta, felt that Cr) there is a moral issue here, as the residents were promised that their area would remain the same after annexation. 240 residents signed a petition protesting high density m development and have dedicated a lot of time to this issue. He asked that the citizens be heard. CHARLES LESTER, 78-764 starlight Lane, Bermuda Dunes, advised that he and Anna Hassell had a three hour meeting with about ten of the residents and presented the site plans. Obviously, there was no resolution. There appears to be three basic complaints density; traffic; and prior commitments that the area would remain the same. He then reviewed some advantages to a 9planned development' versus a single family development. He did not believe that this project would impact the streets, as he believed that everyone will work and shop to the west and will not be exiting easterly. LESTER LARSON, 79-350 Westward Ho Drive, stated that he worked hard to get their area into La Quinta and the people there still wish the area to remain R-l. EMMA HOWARD, stated that she owns lots in the area in question and is a Real Estate Agent. She believed that a high density apartment project will devalue the surrounding property. HUGH SCHEID, 45-975 Dune Palm Road, stated that he owns the property adjacent to the proposed project and does not feel that this project will devalue it. COUNCIL DISCUSSION COUNCILMAN BOHNENBERGER stated that apartments play an important role in meeting the housing needs of our citizens. Ho??ever, what is before the City Council at this time is interpretation of the General Plan and what the appropriate zo?ing is for a piece of property. When we get down to studying the General Plan and the intent when it was adopted, we?re going to find that circumstances have changed since then. He was on the General Plan Committee, and they BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 6 January 5, 1988 400 were assured at that time, that it was not site specific it just indicated that a general area should be high density, but not a particular piece of property. That was then to be interpreted and the zoning would then implement it. He felt that the designations applied to Highway 111 were optimistic and that it needs to be re-studied. At this point, he felt that the Council should continue to consider the proposed zone change on this property until such time as we can do a General Plan review and take a look at how much high density we want and need in the community and where the best place for it would be. COUNCILMAN PENA felt that Ms. Steding stated it best there have been changed circumstances. He believed that the General Plan needs to reviewed in terms of density within the entire City. He wished to keep the integrity and character of the Indian Springs neighborhood. Staff needs time to review the 70130 split along the Highway 111 corridor. He wished to see staff review and analyze the high density and commercial development in this corridor. He was unsure that the industrial park is even appropriate now. He felt that the fairways need to be reviewed so that they don't remain R-5, but rather be committed to open space. Also, we need to look at the streets prior to approving developments. Therefore, he would like to see this issue continued until staff can review the issues presented. COUNCILWOMAN COX agreed with what has been said. She pointed out that the issue is whether or not the high density is compatible with the area. Over a period of time, it appears that some things have been misunderstood. Staff never told the Council that the General Plan was site specific. There needs to be a review of whether or not there is a need for the high density set out in the General Plan and re-evaluation of Highway 111 and the buffer idea. COUNCILMAN SNIFF agreed with the comments made. He supported the idea of undertaking a general review of the high density zoning throughout the City possibly, our high density zoning is excessive and needs to be reconsidered, taking into account the changes that have transpired not only in our City, but surrounding areas. He suggested that the next agenda include discussion of studying the high density areas in the City as well as other issues involving the General Plan. MOTION It was moved by Councilman Sniff, seconded by Councilman Pena that the Council continue second reading of Ordinance No. 113A Change of Zone 87-026 Anna Hassell to the first meeting in April. Mayor Hoyle stated that he is in agreement with the comments made and supported the motion. BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 7 January 5, 1968 39? MOTION CARRIED UNANIMOUSLY. MINUTE ORDER NO. 86-4. 2. CONSIDERATION OF APPOINTMENTS TO BOARD OF APPEALS. Mr. Crump, Planning Director, recommended that the following individuals be appointed to serve on the Board of Appeals with open-ended terms: JOSEPH GAUGISH Engineer JOHN BUND Architect MANUEL ABARCA Contractor Cr) DAN EDGAR Contractor General & Mechanical) JACQUES ABELS Public Sector m MOTION It was moved by Councilman Sniff, seconded by Councilman Bohnenberger that the recommendation be approved. Motion carried unanimously. INUTE ORDER NO. 88-5. 3. REPORT OF TECHNICAL TRAFFIC COMMITTEE a. Establishment of 3-Way Stop at Eisenhower & Coachella b. Report on Speed Survey Mr. Reynolds, Public Works Director presented a report of the Technical Traffic Committee on a request of the La Quinta Golf Estates Homeowners Association for 3-way stop at Eisenhower and Coachella. The Committee recommended denial of the request based upon traffic counts that were taken on December 1 and 2. With regard to a signal, the amount of traffic exiting Coachella also does not meet the criteria established by the State; however, the analysis does not fully define what the levels of future traffic will be with the probable development of other residential areas, or the expansion of existing projects i.e. the La Quinta Hotel). The warrants for a signal at that time could be satisfied. The Technical Traffic Committee recommended that advance warning signs be installed to warn northbound and southbound motorists of the approaching TEE intersection. The Engineer?s recommendation for flashing beacons was tabled pending the outcome of discussions regarding a traffic signal. The Committee also recommended that the one lane northbound be maintained and that in order to discourage vehicles from entering the cross-hatched zone to pass on the right, that we install flexible glue-down reflectorized delineators along that zone's boundary. Councilman Bohnenberger asked if signals were to be installed and warrantS weren t met, what does that mean in relationship to State Law. BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 8 January 5, 1988 398 Mr. Reynolds understood that if you install a 3-way stop and there's an accident there's a liability to the City if that stop sign was not warranted. If you have installed a signal that's actuated by traffic and all it's doing is allowing people to exit from Coachella onto Eisenhower, and there's an accident, your liability lessens. Councilwoman Cox expressed her concern about laws that state that you have to wait until someone is injured or traffic has reached an intolerable circumstance before something can be done. BOB MONROE, 48-750 Avenida Anselmo stated that whether or not this intersection meets the warrants, it is a hazardous situation. All of the Homeowners Associations served by Coachella are requesting a signal. Therefore, he requested Council's approval to signalize this intersection and share in the cost but whether or they the City participates, he believed that the residents feel strongly enough to bear the cost. MORGAN WARD, 48-800 San Pedro, La Quinta, commented on the reason the wall was constructed which reduced the number of driveways entering onto Eisenhower from 41 to 2 He hoped that it won't take a human sacrifice to warrant a signal. He felt that if the residents have to shoulder this responsibility, they will. He urged Council's approval of the signal and of sharing the cost. TOM JONES, 49-300 Avenida Fernando, expressed appreciation to the City for the beautification of the entrance onto Eisenhower and increase of their security. He commented on the hazards of making a left turn from Coachella Onto Eisenhower. He asked Council's consideration of allowing the residents to install a signal. JIM FORREST, 48-721 San Lucas, La Quinta, President of La Quinta Golf Estates Association, recommended that if the Council allows a signal to be installed, that the recommendation of some kind of barrier to keep people from going into the right-hand lane be implemented immediately. There will be an annual homeowners meeting on Saturday, and would like to have a commitment from the Council that can be taken to their membership at that time. NORMAN KIMBALL?ALL, 48-800 Avenida Anselmo, stated that he has lived in the development for five years and Coachella has always been dangerous and poses a real risk for Visitors, especially at night. Councilman Bohnenberger agreed with the staff's presentation, but also with the concerns expressed by the residents of this development. He agreed with Mr. Forrest that the flexible delineators should be installed as quick:.y BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 9 January 5, 1988 395 as possible. The problem is that this intersection doesn't meet the warrants for a signal, but agreed that it would be terrible to wait for a tragedy, but if the City picks up the cost for this, it would set a precedent. However, if the residents are willing to bear a portion of the cost, he was willing to match their funds, even it doesn't meet warrants. Councilman Pena agreed that it's a dangerous intersection, but felt that the reflectors would alleviate some of the problems, and believed that we need to step up patrol to reduce the speed. Councilwoman Cox agreed with Councilman Bohnenberger she Cr) didn't believe that we can wait to meet every criteria to alleviate a dangerous situation. She, too, was willing to m work with the residents in installing a signal. Councilman Sniff agreed that there are risks, and felt that the development wasn't properly planned and was not sure that the wall helped he felt that a greater use of the access on the east end would have been more prudent. However, he felt that the City needs to conform to the law and abide by the recommendations of the Technical Traffic Committee. MOTION It was moved by Councilman Sniff, seconded by Councilman Pena that the request for a 3-way stop at Eisenhower and Coachella be denied; and further that the Technical Traffic Committee monitor this intersection, bringing any significant changes to the Council's attention promptly. Also, to implement recommendation No. 1 to install advance warning signs to warn both northbound and southbound motorists of approaching Tee intersection such signs to be supplemented by flashing yellow beacons and that the flexible delineators be installed. Councilman Bohnenberger felt that if the homeowners are willing to share in the cost of a signal, he is more than will to participate, as he believed that a signal is the answer. Motion carried on the following vote: AYES: Council Members, Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: None MINUTE ORDER NO. 8S-6. Mayor Hoyle questioned the cost of a traffic signal and the City Manager advised that the cost would be similar to the installation at Highland Palms which would be around BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 city Council Minutes page 10 January 5, 1988 39()? $70.000. Regarding availability of funds, Mr. Kiedrowski noted that the City has a contingency fund that could be used to fund the City?s portion of the costs. It would take between four and nine months for installation. Mr. Forrest asked for something definite that he can take to the Homeowners Assoc. meeting on Saturday. He assumed that this signal would be similar to the one at Eisenhower and Washington and Mr. Reynolds advised that it would. MOTIO? It was moved by Councilman Bohnenberger, seconded by Councilwoman Cox that if the La Quinta Golf Estates Homeowners Association agrees to share in the cost of a signal at Eisenhower and Coachella on a 50% basis, that the City allocate the funds necessary to match those funds. Councilman Pena noted that mid-year budget review is coming up and expressed concern about allocating these funds at this time. Councilman Bohnenberger stated that we?re five months away from adopting a new budget, so the construction costs would more than likely occur after the new budget is adopted and could therefore be allocated from the 1988/89 budget. Councilman Pena stated that he would not object to that, but could not support using current contingency funds, as something else could come up before the end of the year. MOTION AMENDMENT It was moved by Councilman Bohnenberger, seconded by Councilwoman Cox that the former motion be amended to state that the actual expenditure of funds for this signal occur in the 1988/89 budget. Councilman Sniff suggested caution as there is legal risk in installing a signal or a 3-way stop without meeting warrants. He asked that this matter be delayed for two weeks while the City Attorney reviews this matter. Councilman Bohnenberger felt that the City is also incurring risk if they do nothing after having been made aware of a hazardous situation. Councilman Pena asked if the intent of the motion was to tentatively budget the funds if the signal is warranted and Councilman Bohnenberger stated that was not the intent of his motion that if the homeowners are willing to commit the funds, the City would proceed with installation of the signal in the next budget year. Councilman Sniff asked if the homeowners are willing to guarantee the risks? BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 11 January 5, 1988 405 Councilman Bohnenberger stated that the same thing applied when the Council voted to install stop signs in the cove without meeting warrants and it?s proven out to have been the right decision. Mayor Hoyle commented on the number of times he has had near accidents at this intersection. Also, that this signal would not only benefit the residents of the development, but also? people from other areas of the community who are visiting. He agreed that there are risks to the City in not installing a signal. 1) Councilman Pena felt that the City is taking steps to Cr) alleviate the hazards by the original motion made by Councilman Sniff. Co Motion carried on the following vote: AYES: Council Members Bohnenberger, Cox, Mayor Hoyle NOES: Council Members Pena, Sniff ABSENT: None SPEED SURVEY Mr. Reynolds advised that the City cannot enforce speed with radar without an approved engineering and traffic survey. The last survey was taken five years ago and was never adopted by the City Council. Since the Statute of Limitations is five years, that survey is no longer valid. Therefore the prima facie speed limit is 55 mph for much of the City. The Technical Traffic Committee recommends that a speed survey be conducted and that the resultant speeds be enforced by radar. A survey would cost an estimated $5,000; however, the Automobile Club performs this service contingent upon the City providing a trainee to work with them. Since the City doesn't have adequate staff at this time, the Sheriff's Department has agreed to furnish a plainclothes officer to train with Auto Club personnel at no cost to the City. MOTION It was moved by Councilman Bohnenberger, seconded by Councilman Sniff that to proceed with a speed survey using the Automobile Club if they will agree. Motion carried unanimously. MINUTE ORDER NO. 88-7. 4. ACCEPTANCE OF NEGATIVE DECLARATION DETERMINATION FOR SENIOR CENTER/CIVIC CENTER SITE AND DISCUSSION OF CORPORATE YARD SITE. Mr. Crump advised that acquisition of property for the Senior Center and Civic Center requires environmental review. An assessment was prepared and routed for agency BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 12 January 5, 1928 fl6 comments which have been received and reviewed. Based upon the responses, he recommended that a Negative Declaration be filed. RESOLUTION NO. 88?2 A RESOLUTION OF THE CITY COUNCIL OF ThE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND CONFIRMING THAT ENVIRONMENTAL ANALYSIS FOR THE SENIOR CENTER AND CIVIC CENTER LAND ACQUISITION. It was moved by Councilman Bohnenberger, seconded by Councilman Sniff that Resolution No. 88-2 be adopted as recommended. Motion carried unanimously. 5. CONSIDERATION OF CHANGE OF CLASSIFICATION OF BUILDING INSPECTORS. Mr. Crump recommended that the two Building Inspectors be upgraded to Building Inspector II due to their experience, education and skills. MOTION It was moved by Mayor Hoyle, seconded by Councilman Sniff that staff recommendations be approved. Motion carried on the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: None MINUTE ORDER NO. 88-2. COMMISSION/COMMITTEE REPORTS a. Receipt of Planning Commission Minutes of 12/22/87. Noted and filed. Mr. Kiedrowski noted that there is a need to discuss the City's corporate yard site and will agenda it for a future meeting. At this time, the Mayor asked that the Council minutes be distributed to the Council at the time they're completed rather than waiting until agenda packets are prepared. The City Manager noted that the next study session date is on January 18th which is Martin Luther King day. The Council's BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02 City Council Minutes Page 13 January 5, 1986 Rules of Procedures state that if a study session date falls on a holiday that the study session will not be held He questioned the pleasure of the Council and offered options. Following a brief discussion, Council concurred on not holding a study session if time permits, the study session items will be taken up following the regular agenda on January 19th. There being no further business, the meeting was adjourned. Respectfully submitted, j I SAUNDRA L. JUH6?A, City Clerk City of La Quinta, California BIB] 02-23-96-U01 10:31:04AM-U01 CCMIN-U02 01-U02 05-U02 1988-U02