Loading...
1992 09 15 CC Minutes LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 15, 1992 Regular meeting of the La Quinta City Council was called to order at 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mrs. Juhola asked that Business Session No. 10 be removed. Councilmember Franklin asked that Consent Item Nos. 2, 4, 6 & 7 be removed from the Consent Calendar and made Business Session Items No. 13, 14, 15 & 16 respectively. APPROVAL OF MINUTES MOTION It was moved by Councilmembers Franklin/Sniff that the Minutes of August 4, 18 and September 1, 1992 be approved as submitted Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Ed Steiner, Animal Control Officer/Code Enforcement Officer with a plaque recognizing him as Employee of the Month for August. Lynn Kerr presented a check to the La Quinta Middle School PTA on behalf of the La Quinta JayCees, which has disbanded. Virginia LaPorte accepted the donation on behalf of the PTA. Mayor Pena expressed the Council's appreciation to Lynn Kerr for her involvement with the Mainstreet Marketplace. PUBLIC COMMENT None BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 2 September 15, 1992 WRITTEN COMMUNICATION a. Letter from Palm Desert High School Marching Aztec Band and Color Guard requesting a donation. Council asked that this matter be scheduled for the October 6th agenda for consideration. b. La Quinta Middle School Sports Program Grant Submitted by La Quinta Middle School Parent Teacher Association. Rachel Correiro, President of La Quinta Middle School PTA addressed the Council on the issue of the lack of after-school activities for the middle school kids. She asked for the Council's support in their effort to raise $20,000 for each of the five middle schools for after school activities which no longer exist since 1991-92. At La Quinta Middle School there are about 975 students. She commented on the need and the benefit of providing the kids with something to do to harness their energy. They hope to of fer six sports, each for a six- week period for sixth, seventh and eighth graders. So far, La Quinta Middle School has raised $2,000 toward this program. She added that this program has been presented to both the Palm Desert and Indian Wells City Councils and asked for the City's support. Pat Maldonado, President of Palm Desert Middle School PTA advised that they have raised $6,000 so far. Presently, they are hiring coaches. There will be two coaches at each school and they will start with flag football. They have the money for the coaches and officials. They are still looking for transportation money. Councilmember Sniff suggested that this matter be researched and placed on the October 6th agenda for consideration. Councilmember Rushworth commented that money is short and asked if there is anything the City can do besides give money. Mrs. Maldonado advised that they need coaches, equipment and transportation. Councilmember Franklin suggested that if the City cannot contribute the full amount, then perhaps a portion of it can be donated to fund the fall activities and give them a chance to raise the remainder of the funds. Mayor Pena asked if they've approached the C. V. Recreation & Park District and Ms. Correiro advised not, but said that Palm Desert City Council had wanted to get all of the youth groups together to see if the sports activities could be centralized BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 3 September 15, 1992 and make it a more combined effort. Council asked that this matter be placed on the business session agenda for the next meeting. BUSINESS SESSION 1. CONSIDERATION OF ADOPTION BY REFERENCE OF RIVERSIDE COUNTY'S ORDINANCE NO. 712 REGULATING THE COLLECTION, TRANSPORTATION AND REMOVAL OF LIQUID WASTES AND ANIMAL BY-PRODUCTS. Mr. Hartung, Building & Safety Director, advised that Riverside County Health Department has asked the City to adopt their Ordinance No. 712 so that they may enforce its provisions within the City. There are no fiscal impacts to the City. MOTION It was moved by Councilmembers Sniff/Bohnenberger that Ordinance No. 214 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 214 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW CHAPTER 6.10 TO TITLE 6 OF THE LA QUINTA MUNICIPAL CODE ENTITLED REMOVAL OF LIQUID WASTE" AND ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE 712, REGULATING THE COLLECTION, TRANSPORTATION AND REMOVAL OF LIQUID WASTES AND ANIMAL BY- PRODUCTS. It was moved by Councilmembers Sniff/Rushworth that Ordinance No. 214 be introduced on first reading. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 2. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING STANDARDS GOVERNING THE CONSTRUCTION AND PROVISION OF PORTABLE TOILET FACILITIES UNDER ORDINANCE NO. 712. Mr. Hartung, Building and Safety Director, advised that this ties in with Ordinance 214. There are no fiscal implications to the City. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 4 September 15, 1992 Councilmember Franklin questioned Section 1, in which it states that portable toilets may be used on a temporary basis not to exceed six consecutive months at a construction site she felt that a six-month time period is too short. Mr. Hartung agreed and didn't see how they could enforce such a regulation on a project with an active permit. He added that it is in conflict with State Codes in which facilities are required On site during construction. He also noted that the Health Officer can allow an extension. RESOLUTION NO. 92-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING BY REFERENCE COUNTY RESOLUTION NO.91-474 ESTABLISHING STANDARDS GOVERNING THE CONSTRUCTION AND PROVISION OF PORTABLE TOILET FACILITIES UNDER ORDINANCE NO. 712. It was moved by Councilmembers Sniff/Franklin that Resolution No. 92-72 be adopted as presented. Motion carried unanimously. 3. CONSIDERATION OF THE SENIOR CENTER LEASE WITH MARUKO, INC. FOR PERIOD OF NINETEEN MONTHS, FROM JUNE 1, 1992 THROUGH DECEMBER 31, 1993 IN THE AMOUNT OF $1,191/MONTH. Ms. LiCalsi, Administrative Analyst, advised that the lease agreement in question provides for facilities for the Senior Center until the new Senior Center is completed, which is anticipated to be around December 1993. It also provides for a month-by-month extension after December 1993. Councilmember Franklin asked if the proposed rent is an increase over what we're currently paying. Councilmember Bohnenberger advised that it represents an increase of $13.00/month. MOTION It was moved by Councilmembers Sniff/Franklin that the lease agreement with Maruko, Inc. for a period of nineteen months, from June 1, 1992 through December 31, 1993 for the Senior Center be approved at the rate of $1,191/month. Motion carried unanimously. MINUTE ORDER NO. 92-161. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 5 September 15, 1992 4. CONSIDERATION OF ADOPTION OF A MASTER ENVIRONMENTAL ASSESSMENT FOR THE GENERAL PLAN UPDATE. Mr. Fred Baker, Principal Planner, advised that the Master Environmental Assessment establishes existing conditions and a data base for the General Plan Up-Date process which began about a year ago. RESOLUTION NO. 92-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MASTER ENVIRONMENTAL ASSESSMENT FOR ALL TERRITORY WITHIN THE CITY BOUNDARIES. It was moved by Councilmembers Sniff/Rushworth that Resolution No. 92-73 be adopted as submitted. Motion carried unanimously. 5. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 92-026 FOR THE 1992 LA QUINTA VILLAGE FAIRE NOVEMBER 27 & 28, 1992. Mr. Greg Trousdell, Associate Planner, advised that the request in question is an annual request by the La Quinta Arts Foundation for their on/off site signs for the La Quinta Village Faire in November. The signs will be in place two weeks prior to the event which is to be held over Thanksgiving weekend. MOTION It was moved by Councilmembers Sniff/Franklin that Special Advertising Device 92-026 be approved subject to the recommended conditions. Motion carried unanimously. MINUTE ORDER NO. 92-162. 6. CONSIDERATION OF CONTRACT CHANGE ORDER FOR MODIFICATIONS TO THE CIVIC ENTER LANDSCAPING IRRIGATION SYSTEM. Mr. Reynolds, Public Works Director, advised that this matter was brought to the Council last June when staff recommended that we look at a modification to the system so that we can have a centralized irrigation control system throughout the City and the first place to start would be at the Civic Center site. In addition to the irrigation system, there are also minor changes in the Change Order to provide for a more efficient watering of the plants through replacement of the spray system to a drip system. The total cost of the Change Order would be $52,227. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 6 September 15, 1992 For clarification, Councilmember Sniff commented that this will basically provide for a state-of-the-art master control system for not only the Civic Center site but many other sites and Mr. Reynolds advised that is correct the system will be operated by a computerized master control system at the Corporation Yard. MOTION It was moved by Councilmembers Franklin/Sniff to authorize the City Manager to execute a Contract Change Order for modifications to the Civic Center Landscaping Irrigation System in the amount of $52,227. Motion carried unanimously. MINUTE ORDER NO. 92-163. 7. CONSIDERATION OF REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT FOR CALLE TAMPICO AND AVENIDA BERMUDAS SANITARY SEWER. Mr. Reynolds, Public Works Director, advised that as part of the Calle Tampico improvement project, a sanitary sewer will be installed in Tampico and in Bermudas. The Coachella valley Water District has agreed to underwrite the cost of it under the reimbursement agreement before the Council. RESOLUTION NO. 92-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS. It was moved by Councilmembers Franklin/Sniff to adopt Resolution No. 92-74 as submitted and to authorize execution of the agreement with Coachella valley Water District. Motion carried with Councilmember Bohnenberger abstaining. 8. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAX ALLOCATION BONDS, ISSUE OF 1992 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. Mr. Genovese, Ass?t. City Manager, noted that there are related items on the Redevelopment Agency agenda. He advised that this is a formality requiring the City to take action approving the issuance of bonds by the Redevelopment Agency. Councilmember Bohnenberger asked how the recent State budget compromise might affect this bond issue. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 7 September 15, 1992 Mr. Genovese advised that current information requires a one- time payment not taken out of a normal revenue stream. Because of the timing of when this issue will hit the tax rolls and when we will start making debt service payments, it will have little or no effect with respect to paying the bonds. This is in light of our current review of the legislation and if no additional legislation is enacted. Ms. Honeywell added that the regular agency funds are already obligated to pre?existing debt but, they can borrow from their low-mod fund to make the payment and then re-pay that fund over time. Councilmember Sniff expressed concern about the amount of the issue elevating over what he recalled having been discussed in the past and concern about being able to meet the debt service. Mr. Genovese advised that we have been having trouble getting the actual amounts on the roll from the county, so we may have to defer final action from October 6 to October 20 to make sure we have a roll that is usable in the Preliminary Official Statement. Regarding the amount of the issue, it states not to exceed $6 million". The amount on the rolls at the present time would not be enough to cover the debt service of $3 $4 million worth of bonds. What this will require is an escrow account directly tied to the project this is to fund. However, we are anticipating an amount closer to $5.2 million, but we did not want to limit ourselves in sizing the issue at this time. Councilmember Franklin questioned the RDA bonding capacity in Project Area No. 2 and the current bond rating. Mr. Genovese advised that it's about $100 million and the bond rating is probably the same as the City's. In response to Councilmember Bohnenberger, Mr. Genovese advised that we are planning to insure the issue. RESOLUTION NO. 92-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAX ALLOCATION BONDS, ISSUE OF 1992 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 8 September 15, 1992 It was moved by Councilmembers Bohnenberger/Rushworth that Resolution No. 92-75 be adopted as submitted. Motion carried unanimously. 9. CONSIDERATION OF AMENDMENT TO AGREEMENT WITH WALLING & MCCALLUM FOR SENIOR CENTER DESIGN SERVICES. Mr. Reynolds, Public Works Director, referred to the staff report submitted to the Council. Councilmember Franklin questioned the original amount quoted by Mr. Walling and Mr. Reynolds advised that it was $3,500. Councilmember Sniff asked if staff is anticipating any further modifications and Mr. walling advised that no further changes are expected. MOTION It was moved by Councilmembers Sniff/Franklin to authorize execution of the amendment to the agreement with Walling & McCallum for additional Senior Center Design Services and appropriate $4,500 from the Infrastructure Fund. Motion carried unanimously. MINUTE ORDER NO. 92-164. 10. DESIGNATION OF VOTING DELEGATE AND ALTERNATE TO THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE IN LOS ANGELES OCTOBER 10-13. Removed from the agenda. 11. DESIGNATION OF VOTING DELEGATE AND ALTERNATE TO THE ANNUAL CONGRESS OF CITIES NOVEMBER 28-DECEMBER 2, 1992 IN NEW ORLEANS, LOUISIANA. Councilmember Franklin advised that she would like to attend, but noted that it conflicts with a Council meeting and asked if that meeting could be canceled or rescheduled. Council concurred on making the decision regarding the meeting at a later date. MOTION It was moved by Councilmembers Sniff/Franklin that Councilmember Franklin be appointed the voting delegate to the National League of Cities Conference. Motion carried unanimously. MINUTE ORDER NO. 92-165. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 9 September 15, 1992 12. SECOND READING OF ORDINANCES. OR?DINANCE NO. 211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.24, SECTIONS 3.24.030 AND 3.24.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX. It was moved by Councilmembers Sniff/Bohnenberger that Ordinance No. 211 be adopted on second reading. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 9.32 AND 9.204 OF THE LA QUINTA MUNICIPAL CODE REGARDING ON-SITE FENCING REGULATIONS FOR THE R-1 ZONING DISTRICT AND CONCURRENCE WITH THE PROPOSED NEGATIVE DECLARATION. CASE NO. ZOA 92-025 CITY OF LA QUINTA It was moved by Councilmembers Sniff/Bohnenberger that Ordinance No. 212 be adopted on second reading. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTIONS TO THE LA QUINTA MUNICIPAL CODE REGARDING SECOND UNITS, DEVELOPMENT STANDARDS FOR ATTACHED OR DETACHED GUEST HOUSES, AND DEVELOPMENT STANDARDS FOR NON- LIVABLE PERMANENT OR PORTABLE ACCESSORY BUILDINGS AND/OR STRUCTURES AND LANDSCAPING REQUIREMENTS AND CONFIRMATION OF THE ENVIRONMENTAL DETERMINATION. CASE NO. ZONING ORDINANCE AMENDMENT 92-024 CITY OF LA QUINTA. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 10 September 15, 1992 It was moved by Councilmembers Sniff/Franklin that Ordinance No. 213 be adopted on second reading. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES. None ABSTAIN: None ABSENT: None 13. APPROVAL OF ADDITIONAL ENGINEERING SERVICES RELATED TO PLAN PREPARATION FOR WASHINGTON STREET WIDENING FROM WHITEWATER CHANNEL TO SIMON DRIVE IN THE AMOUNT OF $11,096. Councilmember Franklin questioned the comment in the staff report which indicates that the need for additional engineering services was caused by Agency redirection. Mr. Speer advised that it relates to the layout and design of the traffic signal at Highway 111. Also, the alignment of the storm drain was modified. In response to Councilmember Bohnenberger, Mr. Speer advised that this storm drain will drain the area north of the highway as well as a small portion south of the highway in the area of the Vons shopping center, so the pump station can be taken out of service. In further response to Councilmember Bohnenberger, Mr. Speer advised that the one issue holding up the project at this time is the right-of-way issue relating to Simon Plaza. They have not yet dedicated the land. Councilmember Rohnenberqer questioned the opening date of WalMart and Mr. Genovese advised about one month. MOTION It was moved by Councilmembers Sniff/Rushworth to approve the $11,096 increase to the contract amount from the original $35,400 for a revised total of $46,496. Motion carried unanimously. MINUTE ORDER NO. 92-166. 14. ACCEPTANCE OF IMPROVEMENTS AND AUTHORIZE FILING OF NOTICE OF COMPLETION AND RELEASE OF CONTRACT RETAINAGE APPROPRIATE $58,403 TO ACCOUNT 60-5220-111-000 AND $115.00 TO ACCOUNT 60- 5220-111-010 PROJECT NO. 91-13 AVENUE 52 IMPROVEMENTS. Councilmember Franklin questioned the reason why there always seems to be cost-overruns on projects. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 11 September 15, 1992 Mr. Speer advised that the Design Engineer for this project doesn't typically do public works-type projects. The reason why he was selected is because he had already designed it for the developer and had branched of f and formed his own firm. Staff felt that since he had already designed and it was just a matter of getting the plans cleaned up, that he would be the best person to hire. What happened here was that the way the engineer calculated his quantities of asphalt, he missed it by about 10%. MOTION It was moved by Councilmembers Sniff/Bohnenberger that the improvements be accepted and appropriate funds for close-out of Project No. 91-13 Avenue 52 Improvements from Bermudas to Washington Street. Motion carried unanimously. MINUTE ORDER NO. 92-167. 15. AUTHORIZATION FOR GRUEN AND ASSOCIATES TO PROVIDE EXTRA SERVICES ON A TINE AND MATERIALS BASIS NOT TO EXCEED $11,120 IN CONNECTION WITH THE AMERICANS WITH DISABILITIES ACT. Councilmember Franklin referred to the Public Works Director's comment about not seeing $11,120 worth of changes and was concerned that if that amount is appropriated, it will be utilized. Mr. Reynolds advised that being on a time and materials basis, each hour will be justified. Councilmember Sniff asked if Gruen had accepted the settlement offer of $62,500 and Mr. Reynolds advised that he did. MOTION It was moved by Councilmembers Sniff/Rushworth to accept the extra service proposal submitted by Gruen and Associates on a time and materials basis not to exceed $11,120. Motion carried unanimously. MINUTE ORDER NO. 92- 168. 16. CONSIDERATION OF PROPOSAL FOR EXTRA SERVICES BY GRUEN AND ASSOCIATES IN CONNECTION WITH RE-GRADING AT CIVIC CENTER SITE. Mr. Reynolds advised that some changes are going to have to be made by Gruen's Civil Engineering Consultant to be able to match the on-site improvements with what we now know as the off-site improvements on the Tampico and La Fonda sides. This was brought about by our finalized design on Phase V of the Cove Improvement Project where we had to do the design of the entire lower Cove and its drainage patterns as well as the size of line to go into La Fonda. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 12 September 15, 1992 Councilmember Sniff asked if Mr. Reynolds envisions any additional changes with Gruen after this and he did not. Councilmember Franklin questioned what the official bench-mark is and Mr. Reynolds advised that throughout the Cove there are bench-marks, which are recorded elevations, which engineers rely upon to establish elevations. MOTION It was moved by Councilmembers Sniff/Bohnenberger to approve the proposal for extra service by Gruen and Associates in connection with re-grading the Civic Center Site in an amount not to exceed $8,820. Motion carried unanimously. MINUTE ORDER NO. 92-169. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTERS DATED AUGUST 18, SEPTEMBER 1 & SEPTEMBER 15, 1992. 2. MOVED TO BUSINESS SESSION NO. 13. 3. DENIAL OF CLAIM OF GTE OF CALIFORNIA, INC. 4. MOVED TO BUSINESS SESSION NO. 14. 5. AWARD OF CONTRACT TO GARNER IMPLEMENT CO. FOR FURNISHING A FORD MODEL 1920, 4-WHEEL DRIVE TURF TRACTOR IN THE AMOUNT OF $12,229.63. 6. MOVED TO BUSINESS SESSION NO. 15. 7. MOVED TO BUSINESS SESSION NO. 16. 8. APPROPRIATION OF $25,000 FROM THE QUIMBY FEE FUND TO A CAPITAL PROJECT ACCOUNT FOR PAYMENT OF AUTHORIZED IMPROVEMENTS IN THE RETENTION BASIN/PARK IN LA QUINTA HIGHLANDS SUBDIVISION. 9. APPROVAL OF CONTRACT WITH REALCO CONSULTANTS FOR ACQUISITION OF PROPERTY RIGHTS REQUIRED FOR IMPROVEMENTS ASSOCIATED WITH PROPOSED ASSESSMENT DISTRICT 92-1. 10. AUTHORIZATION TO HIRE ONE MAINTENANCE WORKER I ON A TEMPORARY BASIS FROM OCTOBER 5, 1992 TO DECEMBER 4, 1992 FOR PARKS MAINTENANCE DIVISION. 11. DENIAL OF CLAIM OF KAREN ROBBINS. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 13 September 15, 1992 MOTION It was moved by Councilmembers Franklin/Sniff that the Consent Calendar be approved as amended and as recommended. Motion carried unanimously. MINUTE ORDER NO. 92-170. STUDY SESSION 1. DISCUSSION OF PROPOSAL FOR DEVELOPMENT IN THE VILLAGE AT LA QUINTA SUBMITTED BY AUDREY OSTROWSKY. Ms. Ostrowsky addressed the Council and read a letter in which she complained about not being notified of being placed on this agenda. She stated that since new design review and planning is needed in Area IV, the Engineering Department should stop the street and infrastructure planning until a comprehensive plan and preliminary design to coordinate the park area, pedestrian, road system and commercial buildings is submitted. She advised that the Engineering Department has incorporated some of the design features which she presented to the City in her request for a contract. She believed that a comprehensive study is needed in order to reach the goals and directions for a successful downtown commercial Village. Ms. ostrowsky then reviewed her plan advising that the park is a major element and must be incorporated into the design and that adequate parking for commercial buildings is essential. Councilmember Sniff didn't see how the City can do a lot of planning in regard to the park which belongs to the Coachella valley Recreation and Park District until and unless it'S recovered by the City, which is some distance away. Ms. ostrowsky asked how streets can be planned on Montezuma when the plans for the park have not been finalized. When the park is obtained, the roads may be made wider and the park reconfigured. It's also imperative that the ingress and egress to this area on Montezuma, Eisenhower and Navarro are resolved. She understood that the City has three plans to submit to the property owners and incorporated in one of the plans are some of her designs, for which she believed the City should compensate her. She had originally requested $100,000 for the complete concept and was planning four increments with a fee of $25,000 each. Therefore, she requested a minimum of $12,000 compensation. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 14 September 15, 1992 Councilmember Sniff asked how we can realistically plan the streets around the park when its ultimate disposition is uncertain. Mr. Speer, Ass't. City Engineer, advised that he is avoiding the heart of the park. There is the one adopted proposal presently, and Kicak & Assoc. is drawing up three alternatives and all of them infringe upon the far ends of the park, but not the point where it would obliterate the recreational facilities. If we need the far ends, we always have eminent domain available. In response to Councilmember Sniff, Ms. Honeywell advised that the City does have the right under eminent domain to take things which we feel are necessary for public streets; however, in dealing with another public entity. If they should contest, then a Court would have to determine who has the greater public interest. Councilmember Sniff questioned the program for getting property owner input and Mr. Speer advised that three alternatives have been put together and staff will be holding property owner meetings at the end of this month for each of the various areas. Councilmember Sniff felt that it may be advantageous to have a general meeting of all property owners so that they can all see the total picture at the same time and then they could break down into smaller groups to address their specific areas. Ms. ostrowsky commented that Mr. walling stated that he had already invested time into the plan for the City-owned property and that if going to be reimbursed, then she feels that she should be given consideration for reimbursement for the City using portions of her design. Mr. Herman commented on the number of out-of-town owners, which was one of the reasons for scheduling various meetings for specific areas so that they wouldnt have to come to several meetings. He agreed that what can be done is to have a general meeting at the end. Council referred the proposal of Ms. Ostrowsky to staff for further investigation. Recess to Redevelopment Agency Meeting BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 15 September 15, 1992 Recess until 7:00 P.M. PUBLIC COMMENT Peter Zelles, 54-767 Obregon, commented that the up-coming election in November could result in there being a vacancy on the Council and felt that this Council should decide how that vacancy will be filled rather than waiting until after the election to make the decision. In response to Councilmember Bohnenberger, Ms. Honeywell confirmed that this Council cannot bind a future Council on a discretionary matter such as this. Walt Stockman, gave the Council a brief status report on their affordable housing project. He advised that all sub-contractors are local and they've done a good job. Buyer interest has been extraordinary and 12 of the 40 applicants have been qualified. He asked that at some point to get a clear specification of the Council's desire in terms of numbers of units and when they anticipate those units to come on-line. He needs to know this for several reasons, including whether or not to put model furniture in one of the models and if they're only going to build 40 homes, it would not be advantageous. They also need to be able to advise potential buyers when additional units will be available. In response to Councilmember Sniff, Mr. Genovese advised that this matter will be scheduled for City Council on October 6th. PRESENTATIONS Mayor Pena advised that the winners of La Quinta Beautiful Award Landscaped for Ecology" for July were Norman and Helen Kacperski, 52-695 Avenida Bermudas; and Martine Bednarski, 54-120 Montezuma for August. PUBLIC HEARINGS 1. TENTATIVE TRACT MAP 25363 REQUEST FOR A ONE-YEAR TIME EXTENSION FOR THE DIVISION OF 20+ ACRES INTO 75 SINGLE FAMILY RESIDENTIAL LOTS GENERALLY 600' SOUTH OF MILES AVENUE AND 650' EAST OF ADAMS STREET IN THE R-1 ZONE. APPLICANT: BRIAN ESGATE, ESGATE ENGINEERING FOR SANTA ROSA DEVELOPERS. Mr. Sawa, Principal Planner, presented staff report describing the location of the subject tract advising that it was BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 16 September 15, 1992 originally approved June 1990. The Planning Commission reviewed this request in August and recommends approval subject to one modification regarding the retention basin. The condition requires that the applicant work with the City as much as possible to incorporate some kind of transition to make the retention basin usable in conjunction with the proposed City Park. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the hearing was CLOSED. Councilmember Sniff asked who would make the determination that the retention basin and the park would be compatible and Mr. Sawa advised that it would be made by staff. RESOLUTION NO. 92-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIF?ORNIA, APPROVING A ONE YEAR TIME EXTENSION FOR TENTATIVE TRACT 25363, TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION ON A 20+ ACRE SITE. CASE NO. TT 25363 SANTA ROSA DEVELOPERS FIRST EXTENSION OF TIME. It was moved by Councilmembers Franklin/Sniff that Resolution No. 92-76 be adopted subject to the recommended conditions. Motion carried unanimously. 2. ZONING ORDINANCE TEXT AMENDMENT 92-027 AMENDMENT TO CHAPTER 9 PLANNING & ZONING) OF THE LA QUINTA MUNICIPAL CODE REGARDING ADULT ENTERTAINMENT AND CONFIRMATION OF THE ENVIRONMENTAL DETERMINATION. APPLICANT: CITY OF LA QUINTA. Mr. Herman, Planning and Development Director, advised that the proposed ordinance would amend the zoning ordinance to create regulations for adult entertainment. The regulations as drafted by the City Attorney have certain limitations on the location of adult entertainment. He presented a map illustrating the zone that would be created with the over-lay. The location would be 600 on either side of the center line of Highway 111. And then taking into consideration, the limitations placed in the ordinance, being that they cannot be closer than 1,000' to a residential use; 1,000? to a park; 1,000' to a school; and 1,000' from each other. Therefore, the location of the first facility would determine the location for others. The Planning Commission conducted a public hearing and has recommended adoption. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 17 September 15, 1992 In response to Councilmember Bohnenberger, Ms. Honeywell advised that legal counsel feels comfortable that as drafted, they would be able to defend the ordinance if challenged. Councilmember Franklin asked if the ordinance would cover a situation where a business like a video store that has a section for adults. She felt that a CUP should be required if a portion of a business is set-aside for adult entertainment. Councilmember Bohnenberger felt that the definition of adult book stores should probably be expanded to include video stores. Mayor Pena suggested that the City Attorney review the ordinance for possible modification prior to the second reading. The Mayor declared the PUBLIC HEARING OPEN. Don Adolph, Planning Commissioner, asked what happens to Playboy, Playmate, Penthouse, etc. Councilmember Sniff felt that there's no way to cover every possible situation and Ms. Honeywell advised that the ordinance was developed to cover businesses in which adult entertainment is the sole purpose. There being no one else wishing to speak, the HEARING WAS CLOSED. Councilmember Bohnenberger understood the difficulty in drafting this ordinance in today's climate. He felt that the Attorneys have done the best job possible and walked the fine line between morality and what can be done legally. MOTION It was moved by Councilmembers Sniff/Franklin that Ordinance No. 215 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 215 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 9.154 RELATING TO THE REGULATION OF ADULT ENTERTAINMENT. Councilmember Sniff questioned how the locations were selected and Mr. Herman advised that the location of residential, parks, churches, schools and existing commercial were taken into consideration. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 18 September 15, 1992 It was moved by Councilmembers Sniff/Bohnenberger that Ordinance No. 215 be introduced on first reading. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 3. AMENDMENT TO CHAPTER 9.224 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO THE FEES CHARGED FOR NON-PROFIT ORGANIZATIONS. Mr. Herman, Planning and Development Director, advised that in the past when we?ve had requests for fee waivers for non- profit organizations they have always been approved by the Council. The action before the Council will allow for those waivers as a matter of policy. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the HEARING WAS CLOSED. MOTION It was moved by Councilmembers Bohnenberger/Sniff that Ordinance No. 216 be taken up by title and number and that full reading be waived. Motion carried unanimously. ORDINANCE NO. 216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING SECTION 9.224.030 RELATING TO THE FEES CHARGED FOR NON-PROFIT ORGANIZATIONS. It was moved by Councilmembers Bohnenberger/Sniff that Ordinance No. 216 be introduced on first reading. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 19 September 15, 1992 4. CONSIDERATION OF ADOPTION OF RESOLUTION ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE: a. Demos & Constatino Alevras APN 773-075-008 & $187.50 APN 773-075-009 b. San Fernando Airport APN 773-203-009 $187.50 C. Richard Yerger APN 773-113-004 $187.50 d. Kathryn McAllister APN 773-113-002 $187.50 C. Joe Kanavich APN 773-173-031 $187.50 f. Angela, Robert, Brett APN 773-078-006 $187.50 & Walter Friedman g. E. R. Hoech APN 773-078-016 $187.50 h. Neal Baker Ent. APN 773-155-001 $187.50 i. Kathryn Bellerue APN 773-075-010 $187.50 j. San Fernando Airport APN 773-082-009 $187.50 k. San Fernando Swap Meet APN 774-113-003 $187.50 Mr. Hartung, Building & Safety Director, advised that Demos & Constatino Alevras; E. R. Hoech and San Fernando Swap Meet have paid and asked that they be deleted from the resolution establishing the assessments. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 92-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON THE TAX ROLLS ON CERTAIN PROPERTY FOR COST OF ABATEMENT OF A PUBLIC NUISANCE. It was moved by Councilmembers Sniff/Franklin that Resolution No. 92-77 be adopted as amended. Councilmember Rushworth asked if the fee can be increased for the individuals who are repeats" and Mr. Hartung advised that it doesn't cost anymore for the City. Some of these people feel it's easier to let the City do it than to have to look for someone to clean their parcel. Motion carried unanimously. DEPARTMENT REPORTS Mrs. Juhola, Administrative Services Director, advised that there has been some informal discussion recently about the possibility of canceling the Council Meeting for November 3rd, which is BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 20 September 15, 1992 election day. It could be canceled or rescheduled for the following week. Mayor Pena preferred not to have a meeting that evening. Council concurred on waiting until the next meeting to make this determination. Ms. Honeywell, City Attorney, reported on her research relative to gangs. The current curfew ordinance already holds parents responsible for curfew violations. There is a general State Code which allows where you a juvenile committing a penal crime, you can hold parents responsible if they have failed to exercise reasonable care, supervision and protection and control. Therefore, you can have a separate violation as to what would happen to a parent if their child is involved in a misdemeanor action. She concluded in saying that the City could adopt a blanket" ordinance holding parents responsible or any misdemeanor violation committed by their child or target specific violations. Mayor Pena asked if the City can offer a reward for information leading to the arrest and conviction of a graffiti artist and Ms. Honeywell advised that hasn't been researched, but believed that the City could. Councilmember Sniff questioned the status of the request ofT. J. 5 Restaurant for a dance permit. Ms. Honeywell advised that for this particular business, the sub- area of the Specific Plan for the downtown, as currently written would require her to get a CUP for live entertainment. There's a separate provision in which the City Manager could allow dances that would not be in conflict with that underlying zoning requirement. The other option would be for the Council to consider elimination of that restriction. Council asked staff to agendize this matter for the next meeting with a presentation of the options which are available. BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 La Quinta City Council 21 September 15, 1992 CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Company Iowa Trust a. Discussion of personnel pursuant to Government Code Section 54957 City Manager Recruitment and Interim City Manager Council reconvened to regular session. MOTION It was moved by Councilmembers Franklin/Sniff to terminate the Interim City Manager's contract with the City Attorney giving the ten days notice as provided in the contract. Motion carried with Councilmembers Bohnenberger and Rushworth voting NO. MINUTE ORDER NO. 92?171. NOTION It was moved by Councilmembers Sniff/Franklin that Tom Genovese be designated as the Interim City Manager. Motion carried with Councilmember Rushworth voting NO. MINUTE ORDER NO. 92-172. There being no further business, the meeting was adjourned. Re submitted, SAUNDRA.JUHOLA?City Clerk City of La Quinta, California BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02 BIB] 01-30-96-U01 08:30:50AM-U01 CCMIN-U02 09-U02 15-U02 1992-U02