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1992 08 04 CC Minutes? LA QUINTA CITY COUNCIL MINUTES AUGUST 4, 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 Confirmed APPROVAL OF MINUTES MOTION It was moved by Councilmembers Sniff/Franklin that the Council Minutes of July 21, 1992 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Judy Vossler Woodard, General Manager of La Quinta Hotel, presented Sherry Pena, President of Friends of the Library with a check in the amount of $500, which is a result of fund raisers held in conjunction with the Fourth of July celebrations. Mayor Pena presented Anna Dominguez, the City's Receptionist as the July Employee of the Month." PUBLIC COMMENT Audrey Ostrowsky, P.O. Box 351, La Quinta, California, read a letter in which she asked that her proposal for development in The Village be placed on the next agenda as a study session matter. She noted that at the last Council meeting, it was agreed that new design review and planning were needed in Area 4 before going forward with street and infrastructure planning. However, she has been told that staff is working on a traffic plan. She advised that her architect has submitted a proposal for a design to coordinate the park area, pedestrian and road systems and commercial buildings. She hoped that some initial money will be allocated to this project. BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 2 August 4, 1992 Lynn Kerr, Project Coordinator for the Chamber's Mainstreet Marketplace, advised that the next event on September 4th will be her last and introduced Gina Kimmel, the new Coordinator. Between now and September, she would like to go out to bid to run the electrical for the vendors for presentation to the Council in September. She has received estimates ranging from $1,200 to $4,000. Ace Hardware has agreed to sell the required materials at cost. She expressed gratitude to the Council for the support of the Mainstreet Marketplace. Mayor Pena advised that they can't put it out to bid quite yet, as they can't bind the City, but the Council will give the matter consideration and give some direction. WRITTEN CORRESPONDENCE a. Letter from Donald Luckenbill and Audrey Ostrowsky regarding development proposal for The village. Noted and filed. b. Letter from La Quinta Chamber of Commerce expressing appreciation for City's support. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF A TWO-TIER FUNDING MECHANISN FOR THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU. Mrs. LiCalsi, Administrative Analyst, advised that recently, the CVB proposed that each Valley City pay 1.4% of their TOT from all hotels. After some discussions, there was a proposal for something being called a two-tier funding, which involves paying 1.4% for group hotels and 06% for non-convention hotels. The definition of a group hotel is one which has 125 or more rooms. She noted that at this point in time, the only TOT La Quinta would generate at 06% would come from time- shares. If this funding mechanism is adopted, it will result in an additional $145,000 to the CVB annually. Councilmember Sniff stated that he was prepared to support the proposal, but wished to see some method of monitoring the cost-effectiveness of this program. BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 3 August 4, 1992 Mrs. LiCalsi noted that both the Mayor and City Manager participate in the CVB as well as Mrs. Vossler Woodard, General Manager of La Quinta Hotel. Mayor Pena added that what we're trying to do is fund the CVB at a level that will be competitive with some of the other bureaus in the Valley and actually increase business. He believed that the bulk of the increase is going to go toward advertising and promotion. How we monitor it will be through room nights booked. Councilmember Sniff believed that we need a mechanism in place in which we can get a report back periodically so that the Council can have some sense as to whether or not this is a successful program. Mrs. Vossler Woodard advised that the CVB sends a report monthly to each City. Councilmember Sniff also expressed concern over the disparity in rates between the various cities and asked if anything is being to done to establish uniformity between the cities. Mrs. Vossler Woodard didn't believe that the cities have comparable rates, comparable facilities or golf and, therefore, wasn't convinced that it makes sense to have uniformity in the tax. Mrs. LiCalsi noted that the Council has received a copy of the most current TOT rates being charged by the various cities. One of the reasons for the inconsistency is due to the fact that several cities adopted an increase in the TOT of 1% based upon the original request of the CVB before it was a two-tier program. Consequently, Cathedral City and Palm Springs have adopted the two-tier funding. There is no indication as to whether or not the other cities are going to go back and re- evaluate their TOT. MOTION It was moved by Councilmembers Bohnenberger/ Rushworth to approve staff's recommendation to approve the two-tier funding formula to calculate the dues for the Palm Springs Desert Resorts Convention & Visitors Bureau, and appropriate $145,000 to Account 01-4210-110-013. Motion carried unanimously. NIN?E ORDER NO. 92-158. BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 4 August 4, 1992 2. CONSIDERATION OF AMENDMENT TO CHAPTER 3.24 OF THE MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX RATE. Mrs. LiCalsi advised that the action before the Council is an amendment to the Municipal Code which would increase the Transient Occupancy Tax to 10.8%. This increase has been discussed with the La Quinta Hotel and they are supportive. Mayor Pena felt that 10.8% is difficult to calculate and suggested that it be increased to 11%. Judy Vossler Woodard advised that 11% would be easier to work with. Mrs. LiCalsi advised that the definition of group hotel" would also have to be amended in the ordinance to read 125 or more rooms. Ms. Honeywell, City Attorney, advised that the distinguishing reason for going with the two-tier tax is because in order for the group hotels to be successful, they need additional support from the CVB and the occupants using those group hotels will be able to take advantage of the benefits that group hotels offer. MOTION It was moved by Councilmembers sniff/Bohnenberger that Ordinance No. 211 be taken up by title and number only as amended to increase the Transient Occupancy Tax to 11% for group hotels amending the definition of group hotel to one that has 125 rooms. Motion carried unanimously. ORDINANCE NO. 211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.24, SECTIONS 3.24.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX. It was moved by Councilmembers Sniff/Franklin that Ordinance No. 211 be introduced on first reading as amended. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 5 August 4, 1992 3. CONSIDERATION OF AGREEMENT FOR AUDIT SERVICES WITH CONRAD AND ASSOCIATES. Mr. Genovese, Ass't. City Manager, reviewed the background of this matter advising that a Council Committee and staff have conducted interviews and are recommending the firm of Conrad and Associates for audit services. Mike Harrison, a Partner of the firm advised that they are currently providing audit services for 21 cities in Southern California. Some of those cities are: Palm Springs, Cathedral City, Rancho Mirage, Hemet, San Jacinto and Banning. They consider themselves to be experts in Redevelopment Agency accounting and financial reporting and believe that they can assist the staff in areas dealing with public financing authorities and redevelopment agency accounting. MOTION It was moved by Councilmembers Sniff/Franklin to approve the agreement for audit services with Conrad and Associates for the basic cost of $23,150 noting that extras will require additional compensation. Motion carried unanimously. MINUTE ORDER NO. 92-159. 4. CONSIDERATION OF ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA TO OBTAIN CREDIT CARD ACCOMMODATIONS. Mr. Genovese, Ass?t. City Manager, advised that there has been a change-over from Security Pacific Bank to Bank of America and during that transition it has been brought to his attention that previously all applications for credit cards could be done administratively. This proposed ordinance would require validation by the City Clerk as well as one of the four offices set forth in the ordinance. RESOLUTION NO. 92-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA TO OBTAIN CREDIT CARD ACCOMMODATIONS. It was moved by Councilmembers Bohnenberger/Sniff to adopt Resolution No. 92-70 as submitted. Motion carried unanimously. BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 6 August 4, 1992 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. ACCEPTANCE OF RIGHT-OF-WAY PARCEL LOCATED ON DUNE PALMS ROAD FROM GARRY & NANCY HOPKINS GOLF SCHOOL) AND AUTHORIZE RECORDATION. 3. APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH CVAG FOR TUMF FUNDING PARTICIPATION IN COST OF ENGINEERING SERVICES FOR THE WHITEWATER/WASHINGTON STREET BRIDGE. 4. ACCEPTANCE OF RIGHT-OF-WAY PARCEL LOCATED ON CALLE TAMPICO FROM ALTMAN GROUP/KOENIG CO. AND AUTHORIZE RECORDATION. 5. AUTHORIZATION TO GRANT EASEMENT DEED TO DESERT SANDS UNIFIED SCHOOL DISTRICT FOR STORM DRAIN PURPOSES. 6. AUTHORIZATION FOR OUT-OF-STATE TRAVEL FOR BUILDING AND SAFETY DIRECTOR TO ATTEND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ANNUAL BUSINESS MEETING IN DALLAS, TEXAS. MOTION It was moved by Councilmembers Franklin/Sniff that the Consent Calendar be approved as recommended. Motion carried unanimously. MINUTE ORDER NO. 92-160. DEPARTMENT REPORTS City Manager Mr. Warden presented an up-date on the State's budget recommending that the Council lobby with our legislators. Mr. Warden advised that CVAG is asking if the Council wishes to retain their current committee memberships. Council concurred that they will continue and will re-organize at their usual time after the election. Councilmember Franklin complimented the Interim City Manager on his Items of Interest." Assistant City Manager Mr. Genovese advised that with regard to the issues relative to gangs, staff is compiling information to have a comprehensive report to the Council hopefully by September 15th. Mayor Pena asked if the City Attorney is researching possible ordinances relating to gang activity or Street terrorism. He wished to see the ordinance strong in holding the parents BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 7 August 4, 1992 financially responsible for the acts of their children. As an example, he suggested that there be a fee imposed for minors picked up after curfew. City Attorney Mayor Pena advised that he has been asked for a clarification regarding public places as defined in the ordinance regulating smoking in public places. Ms. Honeywell advised that she will look into it. Administrative Services Director Mrs. Juhola advised that the School Board has agreed to postpone the joint meeting until September. Building and Safety Director Mr. Hartung advised that this past July was the best July in two years for building permit activity at $12 million. MAYOR AND COUNCILMEMBERS ITEMS Councilmember Franklin reported on the League of California Cities Executive Forum she recently attended in Monterey, advising that most of the conference dealt with the budget problems of the State and how it's going to impact the cities. One economist predicted that this is going to be a long recession that we probably will not begin to come out of it until the end of 1994. He also asked cities to be wary of State mandates. They also feel that the economic recovery in our State will be dependent upon the cities and for the State to take away additional monies from the cities will only prolong the recession. There were reports on growth management in which they are predicting an additional 6 million new people will come into Southern California over the next 10 years. Mayor Pena advised that they also attended several workshops on building relationships with the community and came away with several ideas as to how City Government can get closer to the citizens. As an example, Compton has a Neighborhood Connection", which is a phone line in which the citizens can use to call in with their concern to be recorded and later answered by the appropriate department without having to go through a switchboard and possibly several different employees before reaching the appropriate individual. Another thing was a How Dumb is This", in which the citizens can fill out a citizen feedback" card to drop in a box to ask why certain things are being done that don't make sense. BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 6 August 4, 1992 Community Patrols is another idea which we have already implemented. He noted that there's a general lack of understanding as to what government does and what it's about. We' re in the business of regulation and most people don't understand that. If we could implement some of the programs to where we can deal directly with the people on a one-to-one basis it would be extremely helpful. He concluded in saying that the majority of the sessions dealt with the State's budget and the economy in general. Council recessed to Redevelopment Agency Council recessed until 7:00 P.M. PUBLIC COMMENT Kent Davidson, 53-881 Avenida Villa, addressed the Council on the matter of the large eucalyptus tree which appears to be within the right-of-way for the improved Bermudas adjacent to the Fritz Burns Park. This tree is probably the oldest living thing in the City and felt that it should be saved. He suggested that a park strip be installed to allow the tree to be in the middle of the street. The tree also provides shade for half of the park. He felt that its value goes far beyond dollars and cents. Council asked staff to investigate some options and report back. PUBLIC HEARINGS 1. ZONING TEXT AMENDMENT 92-025, AMENDMENT TO CHAPTER 9.32.020 & 9.204.020 OF THE MUNICIPAL CODE REGARDING ON-SITE FENCING IN AN R-1 ZONING DISTRICT AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION. APPLICANT: CITY OF LA QUINTA. Mr. Herman, Planning Director, advised that the proposed ordinance would set in motion the requirements for fencing in the R-l Zone, but would not dictate that the fencing be constructed. However any proposed fencing would have to meet the proposed standards which are similar to the standards currently in the SR Zone. Public hearing was OPENED. There being no one wishing to speak the hearing was CLOSED. BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 9 August 4, 1992 MOTION It was moved by Councilmembers Sniff/Bohnenberger that Ordinance No. 212 be taken up by title and number only and that further reading be waived. Motion carried unanimously. 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-l 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 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. ZONING TEXT AMENDMENT 92-024, AMENDMENT TO VARIOUS CHAPTERS OF THE MUNICIPAL CODE REGARDING SECOND UNITS, GUEST HOUSES, ACCESSORY BUILDINGS AND OTHER SIMILAR STRUCTURES AND LANDSCAPING AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION. APPLICANT: CITY OF LA QUINTA. Mr. Herman, Planning Director, advised that the ordinance before the Council provides for local requirements regarding second units or granny" housing, provides standards for the unit, and for the provision of off-street parking. It provides for development standards for attached or detached guesthouses which do not contain kitchen facilities, as well as set-backs and building heights. He noted that the State Law requires cities to have regulations for granny flats. The public hearing was opened. AUDREY OSTROWSKY, P.O. Box 351, La Quinta, felt that it's important that the guesthouse be set back all the way in the back yard. Mr. Herman advised that the set-back along the front yard is 25' for guest houses and 20' for a regular house. The public hearing was closed. Councilmember Bohnenberger asked if State Law restricts the BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 10 August 4, 1992 use of the units and Mr. Herman responded that the units may not be sold, but may be rented. Councilmember Bohnenberger advised that there has been discussion about having granny flats in the past for family members, but not for rental units, which this ordinance evidently allows for. Ms. Honeywell advised that the City does not have the ability to prevent the units from being rented that ability has been preempted by the State. Mr. Herman pointed out that there are restrictions in that the units cannot be rented to anyone under 62 years of age and only to one or two people or a handicapped person of any age and caregiver). MOTION It was moved by Councilmembers Sniff/Bohnenberger to take up Ordinance No. 213 by title and number only and waive further reading. Motion carried unanimously. 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 GUESTHOUSES, 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. It was moved by Councilmembers Sniff/Bohnenberger to introduce Ordinance No. 213 on first reading. Motion carried by the following vote. AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 11 August 4, 1992 3. CONSIDERATION OF ADOPTION OF RESOLUTION ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCES: a. San Fernando Swap Meet APN 773-133-014 $187.50 b. Hugh & Esther O?Donnel APN 773-143-016 $187.50 C. Southfork Ent. APN 773-143-021 $187.50 d. San Fernando Swap Meet APN 773-143-019 $187.50 e. Max & Eunice Siefker APN 774-266-015 $187.50 f. Martha Montalvo APN 773-142-006 $187.50 g. Marquette Ambrose & Vincent Healy APN 773-285-022 $187.50 Mr. Hartung, Building & Safety Director, advised that the assessments of Siefker and Ambrose/Healy have been paid. The public hearing was OPENED. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 92-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Councilmembers Bohnenberger/Sniff that Resolution No. 92-71 be adopted as amended. Motion carried unanimously. MOTION It was moved by Councilmembers Bohnenberger/Sniff to add the matter of the litigation involving Mobil Oil Co. to the Closed Session agenda under Government Code Section 54956.9. Motion carried unanimously. Mayor Pena referred to the letter submitted by Audrey Ostrowsky and suggested that it be agendized as a Study session item for the next meeting. Council concurred. BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 ?City Council Minutes 12 August 4, 1992 CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Company Iowa Trust City of Indio Mobil Oil Co. b. Discussion of personnel pursuant to Government Code Section 54957 City Manager Recruitment The Council reconvened with no action being taken. There being no further business, the meeting was adjourned. R sp ctfully submitted, AUNDRA L Clerk City of La Quinta, California BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02 BIB] 01-29-96-U01 04:58:03PM-U01 CCMIN-U02 08-U02 04-U02 1992-U02