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1994 08 02 CC Minutes LA QUINTA CITY COUNCIL MINUTES August 2, 1994 Regular meeting of the La Quinta City Council on August 2, 1994 was called to order at the hour of 3:00 p.m. by Mayor Pena. PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Genovese, City Manager, requested that the Study Session Item be continued to September 20, 1994. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter to approve the City Council Minutes of June 28 and July 19, 1994 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Toni Brown, Deputy City Clerk I, with a plaque expressing the City's appreciation for being chosen Employee of the Month for the month of July Sheriff-Elect Larry Smith advised that he has been attending City Council meetings within Coachella Valley, with whom the Sheriff's Department provides police service. He expressed appreciation for the relationship between the City and the County Sheriff's Department. He expressed comrnitment to establishing a local 911 dispatch center in the Coachella Valley, advising that a feasibility study is underway. He expects the study to be completed in approximately 60 days and will update the Council at that time. Council expressed appreciation to Mr. Smith for his presentation, and voiced support for the establishment of a local 911 dispatch center. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 2 August 2, 1994 PUBLIC COMMENT Mr. Wally Reynolds, 79-860 Fiesta Drive, asked Council to investigate a tract map proposal on property located in the Indian Springs Country Club area, noting that eight holes of the Country Club's golf course is located within the City of La Quinta. He advised that the City of Indio has scheduled a public hearing on August 10, 1994. Mr. Genovese, City Manager, advised that he would inquire with the Community Development Department for information they have received on the proposal. WRITTEN CORRESPONDENCE a. Letter from Desert Chapter of Building Industry Association, regarding the Balanced Development in Southern California" report of the Western Riverside Council of Governments. In response to Council Member Sniff, Mr. Genovese, City Manager, advised that Staff has no response at this time, noting CVAG has not dealt with this issue to-date. Mayor Pena suggested that the letter be forwarded to CVAG Staff. b. Letter from Norris Bernard resigning as Volunteer Coordinator. Council Member Sniff suggested that a letter of appreciation be sent to Mr. Bernard, for the service provided to the City, as well as a letter of clarification in response to the comments in his letter, with a copy to the Council. C. Letter from Frank Reynolds regarding the Landscape and Lighting District. In response to Council, Mr. Genovese, City Manager, and Ms. Honeywell, City Attorney, advised that the letter would be reviewed and a written response would be prepared and copied to Council. Ms. Honeywell advised that the Council's action on July 19th to approve the Landscape and Lighting Assessment District fees did not increase individual area assessments but rather simply did not assess the sub-zones. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 3 August 2, 1994 BUSINESS SESSION CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE, ADOPTING NEW COMPREHENSIVE REGULATORY PRACTICES FOR MULTI-CHANNEL SERVICE PROVIDERS. Ms. Honeywell, City Attorney, advised that Municon's legal counsel is preparing a written response to Colony CableVision's requested considerations relative to the proposed ordinance, and that response will be included with the staff report for the September 20, 1994 meeting. She suggested that Council consider either appointing a sub-committee to review the ordinance, or allow more time at the next meeting for a line-by-line discussion of the matter. She recommended Council schedule a public meeting one week prior to the September 20th meeting to elicit public comments regarding current operations. Staff will meet with Colony CableVision prior to the public meeting to discuss their concerns. In response to Council Member Perkins, Ms. Honeywell advised that the staff report will reflect discussions with Colony CableVision and will summarize as follows: those concerns to which all parties can agree; those concerns that staff recommends against, due to legal or other reasons; and, those issues that require discretion on the part of the Council, due to the fact they are related to service standards and policy. Council decided the public meeting should be held as soon as possible after the Labor Day holiday and discussed notifying the public through the media and City newsletter. Council Member Sniff suggested delaying consideration of a sub-committee until after staff meets with Colony CableVision. In response to Council Member McCartney, Ms. Honeywell advised that Larry Monroe, of Municon will conduct the workshop" and the workshop date will be coordinated with his schedule. Council concurred on an evening meeting as soon as possible after Labor Day. MOTION It was moved by Council Members Sniff/McCartney to continue the Multi- Channel Service Provider ordinance until September 20, 1994. Motion carried unanimously. MINUTE ORDER NO. 9?18O. 2. CONSIDERATION OF TIME EXTENSION REQUEST FOR SPECIAL ADVERTISING DEVICES 94-040 AND 9?94-045, PERMITTING TEMPORARY FLAGS FOR THE LAGUNA DE LA PAZ PROJECT AT THE NORTHWEST CORNER OF EISENHOWER DRIVE AND WASHINGTON STREET. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 4 August 2, 1994 Council Member Perkins abstained from the issue due to a conflict of interest and left the dais. Mr. Sawa, Principal Planner, advised that Laguna De La Paz has requested a time extension for Special Advertising Devices 94-040 and 94-045 for a total of ten flags expiring August 1, 1994, and also an amendment to permit an additional ten temporary flags making a total of 20, to be located on Eisenhower Drive, west of Washington Street. The requested time extension would expire February 1, 1995 including the 10 additional flags, if approved. Council Member Mccartney asked if additional fees would be charged, since the initial approval is for six months only. Mr. Sawa advised that no additional fees would be charged under the City's current fee schedule because the extension has been filed in the proper time allowance. Mr. Genovese, City Manager, advised that staff will consider revising that portion of the fee schedule as part of the upcoming comprehensive fee study. Mayor Pena didn't have a problem with the extension, but was unsure about the additional 10 flags. Council Member Sniff stated he didn't have a problem with either of the requests. He asked staff if processing time was equitable between an initial application and a time extension request. Mr. Sawa advised the processing time was equitable, arnounting to approximately two hours inclusive of clerical time. Council Member Bangerter said she had no problem with the applicant's requests. MOTION It was moved by Council Members Sniff/Bangerter to approve the six months-time extension for Special Advertising Device 94-040 four flags) and 94-045 six flags), and an amendment request to permit an additional 10 temporary flags total of 20 flags), subject to the recommended conditions of approval for Laguna De La Paz on Eisenhower Drive, west of Washington Street. Council Member Mccartney advised that if the request is approved, the amount of flags in La Quinta will be 95. Motion carried with Council Member McCartney voting NO and Council Member Perkins absent. MINUTE ORDER NO. 9?181. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 5 August 2, 1994 3. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-049 REQUEST FOR TEMPORARY ADVERTISING, FOR TIlE VILLAGE AT LA QUINTA MAINSTREET MARKETPLACE" STREET FAIR 1994195). APPLICANT' LA QUINTA CHAMBER OF COMMERCE. Mr. Sawa, Principal Planner, advised that La Quinta Chamber of Commerce has requested approval of special advertising devices for the Village at La Quinta Mainstreet Marketplace" Street Fair. These advertising devices consist of one banner to be hung between two palm trees in the Calle Estado parkway, and eight directional signs. The Chamber is planning six fairs during the 1994/95 season, using the signs and banner for each fair. In response to Council Member Bangerter. Mr. Sawa advised that the allowance of three days to remove the signs was because the street fairs will be held on Fridays and the signs may not be removed until the following Monday. In response to Council Member McCartney, Ms. Eileen Savan, La Quinta Chamber of Commerce representative, stated that the banner placement at Calle Estado was chosen because it is the location of the fair and can be seen by the public as they approach the Post Office. The banner is too small to stretch across Washington Street and the cost of having a larger one makes it prohibitive. Council Member McCartney believed there would be greater awareness of the event if the banner were placed in a heavier traffic area. Council Member Perkins advised that currently, a banner cannot be strung across Washington Street unless cables are used due to the width of the Street. In response to Mayor Pena, Ms. Savan advised that the cost of portable" signs and/or larger signs are not within their budget limits. The main purpose of the signs are directional and not promotional. Council Member Mccartney asked if the new banner would accommodate possible sponsorship changes from year to year, to which Ms. Savan responded that that was their intention. Council Member Sniff stated he was in favor of the request due to the success of past fairs and concurred that additional advertising would be beneficial in the future MOTION It was moved by Council Members Sniff/Bangerter to approve the request for special advertising device for the Mainstreet Marketplace during the 1994/95 season, subject to the recommended conditions. Motion carried unanimously. MINUTE ORDER NO.94-182. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 6 August 2, 1994 4. CONSIDERATION OF A REQUEST FOR PROPOSALS, FOR THE PREPARATION OF A NEW SUBDIVISION ORDINANCE. Mr. Cosper, Public Works Director, advised that Staff was recommending approval of a Request For Proposal RFP) to be sent Out to various consultants. The purpose of the RFP is for the preparation of a new subdivision ordinance. Within the RFP, the consultants are requested to outline their detailed work-program, list the overall project budget and requirements of City staff and City resources, and provide a list of their project team that will be responsible for preparing the new ordinance. The deadline for receiving RFP's is August 31, 1994, at which time a Consultant Selection Committee consisting of two City Council members, the Community Development Director and the Public Works Director will review the proposals, make a selection and interview the final candidates. The amount budgeted for the preparation of a new subdivision ordinance is $100,000. Council Members Sniff and Perkins volunteered to serve on the Consultant Selection Committee. MOTION It was moved by Council Members Sniff/Bangerter to approve the RFP for the preparation of a new subdivision ordinance and appoint Council Members Perkins and Sniff to the Consultant Selection Committee. Motion carried unanimously. MINUTE ORDER NO.94-183. 5. CONSIDERATION OF A THREE-WAY STOP AT LANE AND WESTWARD HO DRIVE, AND A FOUR-WAY STOP AT DUNE PALMS ROAD AND WESTWARD HO DRIVE. Mr. Cosper, Public Works Director, advised that due to sight restrictions, staff is requesting approval of installation of stop signs on Westward Ho Drive to stop east and westbound traffic at Roadrunner Lane thereby making it a three-way-stop intersection. Staff also requested approval of installation of stop signs on Dune Palms Road due to the increased traffic caused by the new high school to stop north and southbound traffic at Westward Ho Drive thereby making it a four-way-stop intersection. In response to Council Member Perkins, Mr. Cosper advised that a complete traffic plan had been prepared that includes both School Ahead" and Stop Ahead" signs. The plan is in compliance with the traffic code and has been approved by Desert Sands Unified School District and the City of Indio. Council requested a news release be prepared as well as a notice placed in the City newsletter to alert residents of the new stop signs. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 7 August 2, 1994 MOTION It was moved by Council Members Sniff/McCartney to approve the installation of stop signs on Westward Ho Drive to stop east and westbound traffic, at the intersection of Roadrunner Lane thereby making it a three-way-stop intersection; and approve the installation of stop signs on Dune Palms Road to stop north and southbound traffic, at the Westward Ho Drive intersection thereby making it a four-way-stop intersection, at an estimated cost of $1000. Motion carried unanimously. MINUTE ORDER NO.94-184. 6. CONSIDERATION OF AUTHORIZATION TO PURCHASE FURNISHINGS FOR SENIOR CENTER. Mr. Cosper, Public Works Director, advised that staff was requesting authorization to receive bids for furnishings for the Senior Center within the approved budget amount of $41,000. Bids are scheduled to be opened August 15,1994. He requested that the City Manager be authorized to make an award based on the lowest responding bidder, due to the next Council meeting not being held until September 20, 1994, which would delay any purchase to mid-November. MOTION It was moved by Council Members Sniff/Mccartney to authorize Staff to receive bids for furnishings for the Senior Center and authorize the City Manager to award contract based on the lowest responsible bidder. Motion carried unanimously. MINUTE ORDER NO.94-185. 7. CONSIDERATION OF CONTRACT WITH DAVID M. GRIFFITH & ASSOCIATES, TO PERFORM A COMPREHENSIVE FEE STUDY IN THE AMOUNT OF $50,000. Mr. Parzonko, Finance Director, advised that staff was requesting authorization of a contract with David M. Griffith and Associates to perform a comprehensive fee study in an amount not to exceed $50,000. The scope of the project is to review all City service fees and AB16OO related development fees. The selection committee consisted of one council member and four department directors who reviewed the four proposals received. The selection criteria used in evaluating these proposals was firm expertise, proposed services and cost of services. These costs will be shared as follows: the Redevelopment Agency for $18,000, the Landscaping and Lighting District for $3,500, and $28,500 from the General Fund. The consultant is expected to make a recommendation to Council in December 1994. Council Member McCartney referred to Page 13 of the David M. Griffith DMG) proposal and suggested that staff negotiate a user fee" with DMG to allow the City to utilize this methodology for purposes in the future, thus eliminating the need to pay the firm later for updated information. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 8 August 2, 1994 Mr. Parzonko advised he would include that in the contract. MOTION It was moved by Council Members SnifflMcCartney to authorize the Mayor to sign the contract with David M. Griffith and Associates, to perform a comprehensive fee study in an amount not to exceed $50,000 with a user fee included in the contract. Motion carried unanimously. MINUTE ORDER NO.94-186. 8. CONSIDERATION OF AMENDMENT TO SECTION 6.04.050(C), OF THE LA QUINTA MUNICIPAL CODE, RELATING TO CONSTRUCTION SITE DEBRIS REMOVAL. Mr. Hirdler, Building and Safety Assistant Director, advised that on July 19th, Council directed Staff to draft an amendment to the La Quinta Municipal Code Section 6.04.050(c) relating to Construction Site Debris Removal. The amendment will change the requirement to remove debris from construction sites from twice a week to once a week. The amended code will be reviewed in six months. MOTION It was moved by Council Members SnifflMcCartney to take up Ordinance No. 253 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 6.04.050(c) OF THE LA QUINTA MUNICIPAL CODE, REGARDING PICKUP SCHEDULE FOR CONSTRUCTION DEBRIS. It was moved by Council Members Sniff/McCartney to introduce Ordinance No.253 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES. None ABSENT: None ABSTMN: None 9. CONSIDERATION OF FISCAL YEAR 1994/95 INVESTMENT POLICY OF THE CITY OF LA QUINTA REDEVELOPMENT AGENCY/CITY OF LA QUINTA FINANCING AUTHORITY. Mr. Parzonko, Finance Director, advised that on July 19th, Council returned the Investment Policy to the Investment Advisory Board lAB) for further review. On July BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 9 August 2, 1994 20th the lAB addressed Council's concerns and received public comment. The revised policy has lowered the Government Pool portfolio diversification percentage to 90 percent, removed the four-year average portfolio maturity and made other text-oriented changes. Upon approval, the lAB will develop an investment strategy. MOTION It was moved by Council Members Sniff/McCartney to approve the proposed investment policy for all City, Redevelopment Agency and Financing Authority restricted and unrestricted cash for Fiscal Year 1994/95. Motion carried unanimously. MINUTE ORDER NO.94-187. 10. CONSIDERATION OF AMENDMENT TO CHAPTER 3.24 OF THE LA QUINTA MUNICIPAL CODE, RELATING TO TRANSIENT OCCUPANCY TAX. Mr. Parzonko, Finance Director, advised that the proposed ordinance amends the definition section of the Transient Occupancy Tax Ordinance adding, the rental space for recreational vehicles", noting the only financial impact would be receipt of additional revenue when businesses of this type are approved within the City. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 254 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 3.24.020 C) OF THE LA QUINTA MUNICIPAL CODE REGARDING TRANSIENT OCCUPANCY TAX. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No.254 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 11. TRANSMITTAL OF TREASURER'S REPORT AS OF JUNE 30, 1994. MOTION It was moved by Council Members Sniff/McCartney to receive and file the Treasurer's Report dated June 30, 1994 for the City of La Quinta. MINUTE ORDER NO.94-188. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 10 August 2, 1994 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 2, 1994. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR CODE ENFORCEMENT OFFICER TO ATTEND CALIFORNIA CODE ENFORCEMENT COUNCIL SEMINAR IN COSTA MESA, CALIFORNIA, AUGUST 28-29, 1994. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR BUILDING AND SAFETY DIRECTOR TO ATTEND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, SEPTEMBER 11-16, 1994, IN INDIANAPOLIS, INDIANA. 4. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-1- REUNION, INCO HOMES. MOTION It was moved by Council Members Bangerter/Sniff to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.94- 189. STUDY SESSION 1. PRESENTATION BY COACHELLA VALLEY WATER DISTRICT ON GROUND WATER OVERDRAFTING. This item was continued to a date to be determined by Staff. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS In response to Council Member McCartney, Mr. Genovese, City Manager, advised that the City's legal cost for the PriMerit litigation as of last billing is $134,475 and estimated the final bill to range between an additional $15,000 to $20,000. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that a request was made for reimbursement of attorney's fees but was denied by the court. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 11 August 2,1994 MAYOR AND COUNCIL MEMBER'S ITEMS 1. DISCUSSION OF CITY'S SPHERE OF INFLUENCE. PERKINS). Council Member Perkins, believed that the City's sphere of influence should be observed closely in the adjacent County areas with Indian Wells approaching Washington Street and Palm Desert already up to Washington Street. He expressed concern over land uses that might be allowed along Washington Street all the way up to Interstate 10. Mayor Pena advised that the City's concerns have been voiced to neighboring communities in the past and perhaps it is time to reopen these talks. Mr. Genovese, City Manager, advised that the City has suggested to the City of Indian Wells that the area within their sphere of influence along Washington Street should be residential. We have entertained many discussions relative to the Washington Street corridor and will continue to do so. Council recessed to Financing Authority meeting. Council reconvened and recessed to Redevelopment Agency. Council reconvened and recessed to Closed Session until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with Real Property Negotiator Tim Ealey southwest corner of Highway 111 and Jefferson Street Midland Properties negotiations for proposal for commercial development including price, term of payment pursuant to Government Code Section 54956.8. 2. Conference with Legal Counsel Existing Litigation PriMerit Bank, pursuant to Government Code Section 54956.9. 3. Conference with Labor Negotiator Tom Hartung, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957 Meet and Confer Process. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 12 August 2.1994 7:00 P.M. PUBLIC COMMENT Mr. Dennis Chappel, President of Desert Contractor's Association, expressed appreciation for the City's efforts in working with the City of Indio and the land developer who is proposing an auto mall in La Quinta. Mr. Chappel noted that the out-of-town developer has made a commitment in writing, to use local contractors for the $30 million to $40 million project; thus putting revenue back into the community. On behalf of the Desert Contractor's Association he urged the Council to go forward with the EIR for the project. Members of the Desert Contractor's Association, who were present at the meeting, stood in support for the City of La Quinta and the proposed auto mall project stating their name and the name of the company they represented. On behalf of the Council, Mayor Pena expressed appreciation for their comments and support. PUBLIC HEARINGS 1. PLOT PLAN 93-495 EXTENSION NO.1 APPEAL BY SIMON PLAZA REGARDING THE PLANNING COMMISSION'S APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED PROJECT ON 5.6+ ACRES ON HIGHWAY 111, EAST OF WASHINGTON STREET. MOTION It was moved by Council Members Sniff/Bangerter to continue Plot Plan 93- 495 Simon Plaza) to September 20, 1994. Motion carried unanimously. MINt? ORDER NO.94-190. 2. STREET VACATION 94-026 VACATION OF A FIVE-FOOT WIDE PUBLIC UTILITY EASEMENT, ALONG THE NORTH SIDE OF LOTS 15 AND 16 OF SANTA CARMELITA VALE LA QUINTA UNIT 17), GENERALLY LOCATED AT THE NORTHEAST CORNER OF AVENIDA MONTEZUMA AND CALLE CHIHUAHUA. APPLICANT: GERHARD HELDMANN AND FRED WILSON. Mr. Sawa, Principal Planner, advised that the applicant is requesting the City to vacate a utility easement located in the center of three lots he proposes to build a single-family dwelling upon, at the northeast corner of Avenida Montezuma and Calle Chihuahua. On July 12, 1994, the Planning Commission determined the proposal to be in compliance with the General Plan, and there were no objections from the utility companies. There are no utilities within the easement at the present time. BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02 City Council Minutes 13 August 2, 1994 The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.94-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A FIVE-FOOT WIDE UTILITY EASEMENT ON THE NORTH SIDE OF LOTS 15 AND 16 OF SANTA CARMELITA AT VALE LA QUNTA UNIT 17), GENERALLY 100-FEET NORTH OF CALLE CHIHUAHUA AND EAST OF AVENIDA MONTEZUMA. It was moved by Council Members SnifflMcCartney that Resolution No. 94-56 be adopted as submitted. Motion carried unanirnously. Council recessed to Closed Session to discuss the matters as delineated on Page 11. Council reconvened with no action being taken. There being no further business, the meeting was adjourned. Clerk City of La Quinta California BIB] 01-18-96-U01 03:49:08PM-U01 CCMIN080294-U02