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1991 05 21 CC Minutes CITY COUNCIL MEETING MINUTES MAY 21, 1991 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M., Mayor Pena presiding, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Rushworth, Sniff and Mayor Pena ABSENT: Council Member Franklin It was moved by Council Members Bohnenberger/Sniff to excuse Council Member Franklin. Motion carried unanimously. CONFIRMATION OF AGENDA Council Member Sniff requested Consent Items 3 and 4 be pulled from the Consent Calendar and acted on as Business Items 8 and 9. ANNOUNCEMENTS?S None WRITTEN?COMMUNICATIONS CATIONS a. LETTER FROM C?CHAIRMAN OF COACHELLA VALLEY? MOUNTAINS CONSERVANCY REQUESTING A CONTRIBUTION OF $5,000. Council Member Sniff advised that he would support a one time contribution of $5,000 for their operating expenses for fiscal year 1991/92. Mayor Pena advised that he would like more information. MOTION It was moved by Council Members Sniff/Bohnenberger to approve a one time only contribution of $5,000 to the Coachella valley Mountains Conservancy for Operation expenses for fiscal 1991/92 and further this item be included in the Citys budget for 1991/92. Mr. Kiedrowski suggested paying it out of the current year 5 budget. Council Member Sniff amended his motion to have the contribution be paid from the 1990/91 Budget Year. Motion carried unanimously. MINUTE ORDER NO. 91-72. Council Member Sniff suggested that a cover letter accompany the check requesting more information as to the use of these funds. Mayor Pena felt that a letter requesting more detail should be sent prior to mailing the check. BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 2 May 21, 1991 b. LETTER FROM PALMER??R CABLEVISION REGARDING? A REORGANIZATION. Mayor Pena advised that he is inclined to decline this at this time. More information is needed on this along with the reorganization plan and also obtain information from the FCC regarding who has applied for this operating agreement. David Dea, Vice President, Palmer Cablevision, advised that this reorganization is an internal reorganization and is not for the purposes of debt. Palmer Communications is a wholly owned incorporated company that contains cellular broadcasts as well as cable television properties in one entity. This will be turned into a parent company which is Palmer Communications Incorporated and beneath that partnerships for each one of its Divisions. Divisions have grown to the size that they warrant this. The partnership will be 99% owned by Palmer Communications, Inc. The other 1% will be held by the Board of Directors of Palmer Communications, Inc. which is actually the owners of Palmer Communications, Inc. This is merely a shifting of the assets over to an internal partnership in the Company. Actual control of the liability has not changed. Mr. Dea displayed a diagram of what is taking place. Mayor Pena stated that it looks like this will make it easier to sell off one portion of it. Mr. Dea advised that is one of the alternatives. In response to Mayor Pena, Mr. Dea advised that in order to transfer to another party or if there is an ownership change of Palmer Cable Associates, then by the terms of the franchise agreement, the City's approval would be needed. The City would have more than ample opportunity to review that company in detail, whoever, and or, if ever this will happen. In response to Mayor Pena, Mr. Dea advised that the assets that Colony has are based on the cable operation. In response to Mayor Pena, Mr. Dea advised that if the note is defaulted on, Colony would lay claim to the Company. Palmer Cablevision does not plan on this happening, due to the substantial equity involved in this cable television. Mayor Pena advised that he would feel more comfortable looking at the documents rather than approving them based on a one page document presented and wished to review the partnerships and also have legal counsel review them. He further advised that the City's legal counsel will be asked to review the franchise agreement regarding the City's consent to this matter. BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 3 May 21, 1991 Mr. Dea advised that they would not be willing to share partnership agreements DAWN HONEYWELL, City Attorney, advised that before she could give an opinion as to where the City stands, she would need to review both the franchise ordinance and agreement. The City can take what Palmer Cablevision has been willing to give into consideration and get back to Council with a recommendation. Council Member Sniff stated that he would like to know in the strictest legal sense what this does and it means to the City and if there are any legal risk, obligation or modification required in the current franchise agreements. Mrs. Honeywell advised that she would review this for Council. Mr. Dea advised that in order to transfer the cable partnership or any other entity, the new entity would need to sign a commitment stating that they would meet the obligations within the franchise. MOTION It was moved by Council Members Bohnenberger/Sniff to continued this item to the meeting of June 4, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-73. BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF CONTRACT WITH LA QUINTA CHAMBER OF COMMERCE FOR 1991/92. AL NEWKIRK, President of La Quinta Chamber of Commerce, addressed Council advising that he would like a continuance until June 4, 1991 due to Korryn Friestad, Executive Director of the Chamber being ill. MOTION It was moved by Council Members Sniff/Rushworth to continue this item until June 4, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-74. 2. CONSIDERATION OF RECOMMENDATIONS OF COMMUNITY SERVICES COMMISSION REGARDING ALLOCATION OF GRANT FUNDS. SAUNDRA JUHOLA, Administrative Services Director advised Council that on April 29th, the Community Services Commission considered 19 applications for grant funds totaling in excess of $107,000. Following the meeting several of the Commissioners expressed a desire to reconsider that decision. A special meeting was called on May 16th in which they reconsidered the grants. The Commission revised the grant criteria to limit awards to Organizations based in La Quinta and to ones that serve the youth/seniors. Based on that criteria, the following recommendations were made: BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 4 May 21, 1991 Boys and Girls Club $4,300 Boy Scout Troop 150 $1,500 C.V. Public Ed. Found. Inc. $2,000 Friends of the LQ Library $2,500 La Quinta Historical Soc. $5,COO La Quinta Sports Youth $3,400 S.H.A.R.E. $2,000 Y.M.C.A. $4,300 Council Member Sniff advised that this matter was under lengthy discussion several times by Council last year. It was decided by Council to give the Commission the opportunity to go forward and develop their own criteria and allocations and Council would accept those as presented for this year. Council should honor that agreement and accept the recommendations as presented. Council Member Rushworth felt they have done an excellent job this year and likes the set-up that they have for the coming years and feels Council should move to accept their recommendations as listed. NOTION It was moved by Council Members Rushworth/ Bohnenberger to accept the grant recommendations by the Community Services Commission as presented. Council Member Bohnenberger requested that Mrs. Juhola pass on to the Community Services Commission the Council?s gratitude for the effort they put into their decision. Mayor Pena concurred and added that by going back and reviewing what they did, setting their criteria, they took a step in the right direction. Motion carried unanimously. NINUTE ORDER NO. 91-75. 3. SELECTION OF CITY, S TENTH ANNIVERSARY COMMITTEE. Mrs. Juhola advised Council has indicated their desire to appoint the following individuals to the City's Tenth Anniversary Committee: Mayor Pena Judy Vossler-Woodward Al Newkirk Council Member Rushworth Fred Rice Sue Stading Council Member Franklin Lucia Moran Judy Melkesian Council Member Sniff Cheryl Ward Sheila Crane Council Member Bohnenberger Meg Robertson Myra Bohnenberger BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 5 May 21, 1991 Council Member Sniff advised that in Council's discussion the possibility of two members from the Council serving on this Committee was discussed and added that he would like to see this happen and recommended the Mayor and himself for this Committee. Mayor Pena advised that it could be on a rotating basis so that all Council Members get a chance to help. Council concurred. Council discussed the term of this Committee and concurred on terminating it December 31, 1992. MOTION It was moved by Council Members Sniff/Bohnenberger to approve the nominations from the City Council for the Tenth Anniversary Committee and that the Committee expire December 31, 1992 and further that the Committee schedule a meeting promptly before the summer recess. Motion carried unanimously. MINUTE ORDER NO. 91-76. 4. CONSIDERATION? OF AWARD OF BID FOR CIVIC CENTER GRADING CONTRACT. FRANK REYNOLDS, City Engineer, presented Staff Report recommending rejection of all bids and that staff be instructed to change the contract documents and re-advertise. In response to Council Member Bohnenberger, Mr. Reynolds advised it would be back to Council, June 4th at the earliest and June 18th at the latest, with the bid results. MOTION It was moved by Council Members Sniff/Bohnenberger to reject all bids and direct staff to see that the contract documents are modified appropriately and re-advertise the project. Motion carried unanimously. MINUTE ORDER NO. 91-77. 5. CONSIDERATION OF RECOMMENDATION? REGARDING SPEED LIMITS IN THE COVE. Mr. Reynolds presented staff report advising that a few weeks back a staff report was presented to Council with several recommendations. The Council directed staff to install stop signs at various locations on Avenida Bermudas and further directed staff to take the remaining items back to the Technical Traffic Committee for their consideration. He asked that the recommendations of that Committee be accepted and that the City proceed accordingly. BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 6 May 21, 1991 MOTION It was moved by Council Members Sniff/Rushworth to accept the recommendations of the Technical Traffic Committee and direct staff to proceed accordingly. Motion carried Unanimously. MINUTE ORDER NO. 91-78. 6. CONSIDERATION OF REQUEST OF ART IN PUBLIC PLACES COMMITThE FOR A BUDGET ALLOCATION OF $50,000 FROM THE GENERAL FUND. Mr. Genovese addressed Council advising that last year the City Council adopted the Art in Public Places program and the associated developers fees and approve a City contribution. The Committee has again requested $50,000 for this fiscal year. Council Member Bohnenberger stated that it was his understanding that Council had talked about setting aside $250,000 and using the interest from that amount, but there was some legal reason why this could not be done. Mrs. Honeywell advised that you can't obligate the City for future years. It's an unconstitutional debt limit problem, so this is why it was recommended that the City pick a specific amount and review this amount each year. Council Member Bohnenberger stated that he would be comfortable with setting aside the interest on $250,000 for 1991/92 Council Member Rushworth advised that it was his understanding that the $50,000 was not to be used, it was to be built up to $250,000 for the use of the interest. Mayor Pena concurred adding that he would not feel comfortable with adding an additional $50,000. Council Member Sniff advised that he feels that Council needs to be realistic. Last year, Council declined to go forward with the $250,000 request. Mr. Kiedrowski advised that Council discussed this before the Committee was formed. Council appointed a Committee after the decision was made on the amount to charge developers. In response to Council Member Sniff, Mr. Kiedrowski advised that the Ordinance has generated an estimated $20,000. Council Member Sniff advised that he is not in favor of another $50,000. The Committee has approximately $70,000 in funds available and Council should give them the right to Use this money. Council Member Rushworth felt that the Council is committed to building the amount to $250,000. BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 7 May 21, 1991 Mayor Pena advised that he would like to commit $250,000 and have the Committee use the interest. Mr. Kiedrowski advised that his and Mr. Genoveses' understanding was that the City would take the interest of f $250,000 in any one year and allocate it to this fund. Council Member Bohnenberger advised that he would feel comfortable allocating the interest from an amount of $250,000 for next years budget for the Art in Public Places Committee. NOTION It was moved by Council Members Bohnenberger/Sniff to allocate the interest from an amount of $250,000 based on current years investments for 1991/92 for the Art in Public Places Committee and to review it on a yearly basis and have it as a separate line item in the budget. Motion carried unanimously. MINUTE ORDER NO. 91-79. 7. SECOND READING OF ORDINANCE NO.188 ORDINANCE NO.188 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING THE CITY CODE To ADD 6.12 CONCERNING MOBILE SOURCE AIR POLLUTION REDUCTION. NOTION It was moved by Council Member Sniff/Rushworth to adopt Ordinance No. 186 on second reading. Motion carried by the following Vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 8. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT? PLAN 91-460 To ALLOW CONSTRUCTION AND OPERATION OF A SERVICE STATION AND CAR WASH IN THE C-P-S ZONE LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 111 AND ADAMS ST. WITHIN TIlE ONE ELEVEN-LA QUINTA CENTER APPLICANT: SHELL OIL COMPANY. STAN SAWA, Principal Planner addressed Council advising that this item was considered by the Planning Commission at their meeting of May 14th. It was approved, subject to conditions. Included in the conditions are a number of conditions that were developed by the Design Review Board. The carwash is located on the northwest corner of Highway 111 and Adams Street and will utilize existing driveways which have been approved by Caltrans. A map was displayed and reviewed. BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 8 May 21, 1991 Mr. Sawa reviewed a few of the conditions and advised Council that the applicant is present to answer any questions on the project or conditions imposed by the Design Review Board. Discussion ensued regarding location of trash enclosures and whether or not trucks will block the driveway. MR. PRES T, representing the Architect advised that the trucks will be able to drive all the way through and out the back- side they will not have to back up. ROBERT DROGER representing Shell, addressed Council and advised that this project is a Taj Mahal and is way out of line in architecture and cost than what Shell normally builds. This is a $3 million project and if Council decides to approve the gas station excluding the car wash, Shell would probably walk away from the project due to the economics. Mr. Droger stated that he wished Council had an opportunity to view some of the car washes that have been built. They are very attractive, not obtrusive in any way. Council Member Rushworth advised that he felt Mayor Pena was basing his opinion on the car wash in Indio and this is not that type of operation. Council Member Sniff stated that this development has been made to be as unobtrusive as possible and still to some degree functional and is inclined to support it. TION It was moved by Council Members Bohnenberger/ Rushworth to accept Planning Commission action on Plot Plan 91-460 subject to conditions. Motion carried with Mayor Pena voting NO. MINUTE ORDER NO. 91-80. 9. APPROVAL OF OUT-OF-STATE TRAVEL MAYOR PENA TO MICHIGAN. Council Member Sniff advised that he requested this item to be pulled from the Consent Calendar and considered separately. There was no staff report and would like to know with it entails. Mayor Pena advised that he is going to travel to Michigan to review the budget with Council Member Franklin, who recently had a cancer operation. She is out of the hospital and recovering at home. The cost is estimated at $438.00. BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 9 May 21, 1991 Council Member Bohnenberger advised that he shared some concern about the item, but added being in Council Member Franklin's position, the last thing he would be worrying about would be the City. His first concern would be himself and his family. He stated he is very impressed at the selflessness she is showing by wanting to review the budget and continue to participate. She has worked very hard up to this point, and budget is the most important document this Council will ever have to deal with. He supported an investment of $40C, noting that Mayor Pena is giving up a weekend of his life to review the budget with her. MOTION It was moved by Council Members Sniff/Bohnenberger to authorize Out-Of-Town travel for Mayor Pena. Motion carried unanimously. MINUTE ORDER NO. 91-81. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF MAY 7, 1991. 2. APPROVAL OF DEMAND REGISTeR. 3. ACTED ON As BUSINESS SESSION NO.8. 4. ACTED ON AS BUSINESS SESSION NO. 9. 5. APPROVAL OF ASSIGNMENT OF STREET SWEEPING CONTRACT. 6. APPROVAL OF TEMPORARY CLOSURE OF CALLE ESTADO ON MAY 22, 1991 FROM 5:00 P.M. To 8:00 P.M. FOR CHAMBER MIXER. 7. ACCEPTANCE OF WASHINGTON STREET IMPROVEMENT? PROJECT 90 5 AND AUTHORIZATION TO FILE NOTICE OF COMPLETION. MOTION It was moved by Council Members Bohnenberger/sniff to approve the Consent Calendar as amended with item No. 6 being approved by RESOLUTION NO.91-34. Motion carried unanimously. MINUTE ORDER NO. 91-82. STUDY SESSION ITEMS 1. REVIEW OF GOALS AND OBJECTIVES, PERSONNEL, SERVICE/SUPPLIES, EQUIPMENT AND CAPITAL IMPROVEMENTS?S FOR FISCAL YEAR 1991/92. Mr. Genovese, Assistant City Manager, reviewed the operating budget, goals, personnel and services and supplies and equipment portion of the budget for 1991/92. BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 10 May 21, 1991 2. DISCUSSION OF A GRAFFITI REMOVAL PROGRAM. Council discussed the proposed graffiti removal program. Copy of report on file in the City Clerk's office). MOTION( It was moved by Council Members Sniff/Bohnenberger to approve the conceptual graffiti removal program, subject to City Attorney 5 review and further staff development. Motion carried unanimously. MINUTE ORDER NO. 91-83. REPORTS AND INFORMATIONAL ITEMS a. PLANNING COMMISSION MINUTES OF APRIL 9, 1991 b. CVAG COMMITTEE REPORTS C. COMMUNITY S?VICE COMMISSION MINUTES OF APRIL 29, 1991. RECESS TO REDEVELOPMENT AGENCY MEETING CLOSED SESSION Discussion of potential pending litigation pursuant to government Code Section 54956.9(a) Concerns regarding Environmental Review of New Palm Springs Redevelopment Agency Project Area, Laguna Del La Paz Tracts 13640 and 20052. Discussion of personnel pursuant to Government Code Section 54957. Discussion of land acquisition pursuant to Government Code Section 54956.8, located at 51-140 Eisenhower Drive, Mary Bowerman. Potential acquisition 2 village lots Mr. Borreman. RECESS UNTIL 7:00 P.M. Council reconvened with Boy Scout, Erin Healey leading in the Pledge of Allegiance. PRESENTATION OF LA QUINTA BEAUTIFUL AWARDS FOR APRIL MOST BEAUTIFUL: MR. & MRS. JOHN GUENTHER, 52 235 AVENIDA BERMUDAS MOST IMPROVED: MR. & MRS. DAN FEATHERINGILL, 54-273 AVE BERMUDAS PUBLIC HEARINGS 1. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1991/92 TAX ROLLS. PUBLIC HEARING OPEN PUBLIC HEARING CLOSED BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 11 May 21, 1991 RESOLUTION NO.91-35 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. NOTION It was moved by Council Members Sniff/Rushworth that Resolution No. 91-35 be adopted. Motion carried unanimously. 2. PUBLIC HEARING ON PLACEMENT?NTH OF GARBAGE COLLECTION RATES ON TAX ROLLS FOR 1991/92. Mr. Kiedrowski presented staff report and advised that the cost of living increase is within the franchise agreement. RAY BURKE made himself available for questions. In response to Council Member Rushworth, Mr. Burke advised that all of the City is on recycling with the exception of gated communities, which their staff is working with. In response to Council Member Bohnenberger, Mr. Burke advised that new residents are being advised of the recycled pickups by the La Quinta Newsletter and recycled crates in the neighborhood. Waste Management gets 20 to 25 calls per day from new residents within the Cove community from people requesting information. They are discussing a hot-line possible service. In response to Mayor Pena, Mr. Burke advised that commercial recycling has been established at PGA West and La Quinta Hotel. In response to Council Member Bohnenberger, the percentage of waste reduction due to the recycling program is 10% and added that Waste Management feels that the City should be able to reduce the waste by 25% by the year 1995. PUBLIC OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHARGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED REFUSE COLLECTION FOR 1991-92 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS. BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02 City Council Minutes 12 May 21, 1991 MOTION It was moved by Council Members Sniff/Bohnenberger to adopt Resolution No. 91-36 and to approve the increase in the Commercial pick-up rates. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth? Sniff Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 3. ADOPTION OF POLICIES AND USER FEES FOR LA QUINTA PARKS. NOTION It was moved by Council Members Sniff/Rushworth to continue this item until June 4, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-84. STUDY SESSION 1. INTERVIEW APPLICANTS FOR COMMUNITY SERVICES COMMISSION AND PLANNING COMMISSION. At this time the applicants were interviewed by Council Members. PUBLIC COMMENT None COUNCIL COMMENT- None There being no further business, the meeting was adjourned. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-08-96-U01 09:54:07AM-U01 CCMIN-U02 05-U02 21-U02 1991-U02