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1991 06 04 CC Minutes CITY COUNCIL MEETING MINUTES JUNE 4, 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 & 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 Mr. Kiedrowski requested that Consent Item No. 3 be removed from the Consent Calendar as it is being scheduled for a Public Hearing on June 18th; and transfer RDA Business Item No. 2 to City Council Business Item No. 8 to be acted on at the evening session; and add to Closed Session Discussion of the Fredericks litigation and potential litigation Palmer Cable Television/transfer of franchise. Council Member Bohnenberger advised that a letter was received last week regarding the sidewalk crossings on Bermudas and asked that it be agendized for the June 18th meeting. NOTION It was moved by Council Members Bohnenberger/Sniff to modify the agendas as requested. Motion carried unanimously. PRESENTATIONS OF EMPLOYEE OF ThE MONTH AWARD FOR APRIL Mayor Pena presented Marilyn Smith with an Employee of the Month Plaque on behalf of the City Council advising that Marilyn is the Senior Center Coordinator. ANNOUNCEMENTS Council Member Sniff advised that a longtime resident, Angela Stanley passed away. Mayor Pena advised that he visited Council Member Franklin over the weekend and she sends her best wishes. She starts chemotherapy on Friday and is hoping to be back by August. BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 2 June 4, 1991 WRITTEN COMMUNICATIONS a. Letter from City of Indio urging opposition to the proposed closure of Twin Pines Ranch by Riverside County. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF CONTRACT WITH LA QUINTA CHAMBER OF COMMERCE FOR 1991/92 AND 1992/93. AL NEWKIRK, President of La Quinta Chamber of Commerce addressed Council and made himself available for questions. Council Member Sniff commented that the Chamber and the City have had a long and worthwhile relationship and the Chamber has accomplished a great deal. He commended the leadership of the Chamber and it's membership for their superb job and is looking forward to two more years of continued progress and an even stronger relationship with the City. Mayor Pena advised that in reviewing the contract with Council Member Franklin, she was concerned that Item No. 3 of the funding agreement is too generous and that perhaps this item might be considered a 1blank check' and would like to see this item deleted. Council Member Bohnenberger advised that he shared his concern about this item with Mr. Newkirk and the bottom line is that the City would have to take under consideration any additional funding. This does not commit the City to any additional funding, but leaves the door open for discussion. Mayor Pena advised that he had been supportive of including something in the agreement for a possible jazz festival in conjunction with the Arts Festival next year in coordination with the tenth anniversary. He agreed that the door is always open. Council Member Rushworth stated that he hopes the City is not setting a precedent by increasing the funds for the Chamber each year, as they should be striving to reduce the amount of money they need from the City every year. Mr. Newkirk advised that he concurs with Council Member Rushworth and updated the Council on upcoming projects that will generate funds. Mr. Kiedrowski advised that Item No. 2A should read July 1, 1991. BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 3 June 4, 1991 MOTION It was moved by Council Members Sniff/Bohnenberger to approve the contract with the La Quinta Chamber of Commerce for the fiscal years 1991/92 and 1992/93 as corrected. Motion carried unanimously. MINUTE ORDER NO. 91-65. 2. CONSIDERATION OF AMENDMENT To LEASE AGREEMENT WITH YMCA OF THE DESERT FOR OPERATION OF THE CHILD CARE CENTER. TOM GENOVESE, Finance Director presented staff report advising that this amendment provides priority placement on a waiting list for La Quinta residents. In response to Council Member Sniff regarding the legality, Mrs. Honeywell advised that equal access is being denied on the basis of being a resident within the City. Since this building is totally funded by City funds? this distinction is allowed to be made. The City is not denying access on the basis of sex, race or religion. This priority is for waiting list purposes only and is legal. Mr. Kiedrowski advised that the YMCA will be registering children at the beginning of every school term, and if the City feels a year from now that the incentive program developed is inadequate, the City can have the YMCA tighten it up. He gave examples of other cities that give preferential treatment to residents of their City. RESOLUTION NO. 91-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CONSENTING To AND APPROVING THE AMENDMENT OF THE LEASE AGREEMENT? BETWEEN THE CITY OF LA QUINTA AND THE FAMILY YMCA OF THE DESERT. MOTION It was moved by Council Members Bohnenberger/ Rushworth that Resolution No. 91-37 be adopted. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 3. CONTINUED CONSIDERATION OF STANDARDS FOR HOUSE NUMBERS ON CURBS. JERRY HERMAN, Planning Director presented staff report and displayed examples of colors for house numbers. BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 4 June 4, 1991 MIKE BROWN, Riverside County Fire Department advised that the black letters on the reflective white paint background shows up best at night. Council discussed the colors displayed and the following motion was made. NOTION It was moved by Council Members Sniff/Rushworth to approve the house number standards, with the lettering to be block with the green latex paint on the reflective white background. Motion carried unanimously. MINUTE ORDER NO. 91- 86. 4. CONSIDERATION OF PROPOSALS FOR ENGINEERING SERVICES FOR AVENUE 52. FRANK REYNOLDS, City Engineer presented staff report and made himself available for questions. In response to Mayor Pena, Mr. Reynolds advised that the City is required to furnish the preliminary title report but noted that when the developer comes in, he will be required to repay the City for its expenses. Mayor Pena recommended that as an incentive, if the Developer acts within a certain period of time, the City will waive the interest costs. If the Developer hangs onto this for a long period of time he should pay interest, possibly a nominal 5%. NOTION It was moved by Council Members Bohnenberger/ Rushworth to award the Engineering contract to Advanced Engineering Group, Inc. Motion carried unanimously. MINUTE ORDER NO. 91-87. 5. ADOPTION OF RESOLUTION OF INTENTION To LEVY ASSESSMENTS AND SETTING TIME AND DATE OF PUBLIC HEARING LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT 89-1. Mr. Reynolds advised that this is an annual event and that the purpose today is to pass a resolution of intention to assess for next year 5 activities for the Landscaping and Lighting District and set the time and date of the public hearing. In response to Council Member Bohnenberger, Mr. Reynolds advised that the report shows a $1 increase citywide from $8 to $9 per year. Currently the Cove is $15 per year and the area north of Highway 111 is $30 per year, and PGA West is currently $35. BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 5 June 4, 1991 Mr. Kiedrowski advised that this year's budget for Landscaping and Lighting only has one median improvement for Avenue 50 which is the landscaped median in front of the school. In the infrastructure fund, the City has two items one is to install the median on Washington Street in the area of Parc La Quinta and the second is to install the landscaping along Washington Street between Avenue 48 and Singing Palms. These are the only three items in the infrastructure and landscaping account, given the amount of money that staff believes the District will generate and the amount of money available to commit from the infrastructure fund. There are several other median areas that could be placed in the Landscaping and Lighting District, if Council wishes to increase the fees. They include: Median landscaping in front of Parc La Quinta Median construction on Eisenhower in the area of Fernando Landscaping along Fred Waring east of Cactus Flower Landscaping along Fred Waring west of Cactus Flower Landscaped medians along a portion of Miles He added that the City of Rancho Mirage is considering a base rate of $29 per parcel. The City of Indio through the Park & Recreation District has a parcel rate of approximately $50. He believed that the City's charge is nominal. If Council wishes to move forward with some of the projects, a larger increase is needed. Mr. Genovese advised that it will currently take a contribution of $18,000 from the City to balance the Landscaping & Lighting District budget as proposed. Mayor Pena advised that he would like to see an increase noticed at $5.00, as it could be lowered at the public hearing. In response to Council Member Bohnenberger, Mr. Reynolds advised that the Highway zone increased by $5 due to the number of public street tracts coming on line and it's extremely costly to maintain the landscaping. In response to Council Member Sniff, Mr. Kiedrowski advised if there was a $5 increase, an additional $80,000 $90,000 would be generated so one project, ie, Eisenhower median could be landscaped at a cost of $75,000. Council Member Bohnenberger stated that he could not support an increase in the Highway 111 zone. BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 6 June 4, 1991 Mr. Kiedrowski suggested making the increase so that no area increases more than $5, and then if Council wishes, adjust it again next year. Mayor Pena commented that a $6 increase only amounts to $.50 per month. Council Member Sniff stated that he dislikes assessing people, because he is one of the ones that gets assessed, but there are substantial values in having the approaches and thoroughfares being attractive. It enhances the whole community and added that he concurs with Mayor Pena and supports the increase. Mr. Genovese clarified that the increase would be a $6 over and above the amount in the report. Mr. Kiedrowski advised that a few of the areas may go up as high as $10. If they have gone up $5 based on the estimates, they would go up on the Citywide charge $6 and all the subareas stand alone as per recommendations listed. MOTION It was moved by Council Members Sniff /Rushworth to provide for a $6 above the recommended increase for every parcel in the City. Council Member Bohnenberger requested a clear understanding of what the motion entails. Mr. Cooper with BSI advised that the following charges would apply: PGA $41.00; Cove $22.00; Highway 111 $41.00; Other $15.00 Motion carried with Council Member Bohnenberger voting NO. MINUTE ORDER NO. 91-88. RESOLUTION NO. 91-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 1991-1992 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1. It was moved by Council Members Sniff/Rushworth to adopt Resolution No. 91-38 as amended. Motion carried by the following vote: AYES: Council Members Rushworth, Sniff & Mayor Pena NOES: Council Member Bohnenberger ABSENT: Council Member Franklin ABSTAIN: None BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 7 June 4, 1991 RESOLUTION NO.91-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION??ION To LEVY THE[ ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS S WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITY-WIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND To LEVY AND COLLECT ASSESSMENTS PURSUANT To THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF. It was moved by Council Members Sniff/Rushworth to adopt Resolution No. 91-39. Motion carried by the following vote: AYES: Council Members Rushworth, Sniff & Mayor Pena. NOES: Council Member Bohnenberger ABSENT: Council Member Franklin ABSTAIN: None COUNCIL RECESSED FOR 5 MINUTES 6. APPOINTMENT? OF THREE MEMBERS To COMMUNITY SERVICES COMMISSION MOTION It was moved by Council Members Sniff/Bohnenberger to appoint Nancy Nard and Susan Francis to the Community Services Commission to be seated June 24, 1991 with full three year terms expiring on June 30, 1994 and further that the third position come back before Council the first meeting in September, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-89. 7. REPORT OF CITY ATTORNEY REGARDING PALMER CABLEVISION REQUEST FOR TRANSFER OF FRANCHISE Mrs. Honeywell recommended that this matter be discussed in Closed Session with a brief statement to be made after the Closed Session or in two weeks. Council concurred on giving comments to Mr. Merritt to respond in two weeks. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF MAY 21, 1991. 2. APPROVAL OF DEMAND REGISTER 3. REMOVED BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 8 June 4, 1991 4? ACCEPTANCE? OF PARK LOT DEDICATION IN TRACT 24208 CACTUS FLOWER II. 5. ACCEPTANCE OF RIGHT-OF-WAY ALONG WASHINGTON STREET ADJACENT TO TRACT 26148. 6. APPROVAL OF INTERIM REDUCTION IN SECURITY FOR TRACT 22432-4 PGA WEST. 7. APPROVAL OF INTERIM BOND REDUCTION FOR TRACT 23773-1 STARLIGHT DUNES. 8. CONSIDERATION OF AUTHORIZATION TO REIMBURSE A. G. SPANOS CONSTRUCTION, INC. FOR UNCONDITIONED WASHINGTON STREET IMPROVEMENTS? CONSTRUCTED AT CITY' S REQUEST. 9. DENIAL OF CLAIM OF GTE CALIFORNIA FOR DAMAGES. MOTION It was moved by Council Members Sniff/Bohnenberger to approved the Consent Calendar as amended. Motion carried unanimously. MINUTE ORDER NO. 91-90. STUDY SESSION ITEMS 1. REVIEW OF DRAFT BUDGET FOR FISCAL YEAR 1991-92. Mr. Genovese, Assistant City Manager, reviewed the Draft Budget for 1991/92. 2. INTERVIEW ELLY DOWD AND ANTHONY LIZZA FOR PLANNING COMMISSION. At this time the applicants were interviewed by Council. COUNCIL COME? None PUBLIC COMMENT None 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; SB 2557; Palmer Cable Television, transfer of franchise; and Fredericks-obregon Gate. Discussion of personnel pursuant to Government Code Section 54957. Discussion of negotiations pursuant to Government Code BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 9 June 4, 1991 Section 54956.8, Desert Villa Senior Housing Project and La Quinta Arts Foundation Property Lease. Ms. Honeywell was directed to communicate a request for additional material from Palmer Cablevision. Following the Closed Session, Mrs. Honeywell was directed to communicate a request for additional material to Palmer Cablevision. RECESSED UNTIL 7:00 P.M. PUBLIC HEARINGS 1. TRACT 26016 AMENDMENT #1 TO ALLOW AMENDMENT TO A CONDITION PERTAINING TO BUILDING HEIGHT WITHIN 150 FEET OF 50Th AVENUE?. LOCATION: SOUTHWEST CORNER OF 50TH AVENUE AND PARK AVENUE APPLICANT: CHATEAU ESTATES BAJADA) STAN SAWA, Principal Planner addressed Council advising that this request will allow an amendment to the building heights adjacent to Avenue 50. The site plan was displayed. The map has been recorded and the street improvements and utilities have been completed. The applicant has requested an amendment to a condition which presently limits all the dwelling units along Avenue 50 to one story in height and a maximum 25 feet. The applicant is requesting that the units along Avenue 50 be allowed to be constructed two story. The applicant feels this is justified due to the grade difference of 11.4 to 13.0 feet between the pad and the grade of Avenue SO. In response to Mayor Pena, Mr. Sawa advised that the difference was created because of the requirement that is now imposed regarding pad differences between pads and between adjacent subdivisions. The Citys limits are 2 1/2 feet between lots and due to this requirement, these lots have ended up in a hole. Mr. Sawa advised that the Planning Commission reviewed this on May 14th, 1991 and approved the staff recommendation which allows lots 11, 13 and 15 to be constructed two stories in height with a maximum of 25 feet and limiting lots 10, 12, 14 and 16 to one story and also reducing the allowable height which was 25 feet to 22 feet and additionally they required that landscaping be placed on the back slopes or across the perimeter on the back of lots 11, 13 and 15 in order to screen some of the future uses that are going to be happening across Avenue 50. Additionally, they required that the C,C & Rs be amended to disclose that these lots would be adjacent to Avenue 50 which has recreational type uses being developed. Council Member Sniff stated that this is an unusual BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 10 June 4, 1991 circumstance and feels that they should have two story homes all along Avenue 50. In response to Council Member Sniff, Mr. Sawa advised that with a 25' Structure, approximately 5 to 7 feet would be visible above the wall. In response to Mayor Pena, Mr. Sawa advised that Commissioner Ladner voted against the amendment because she feels that two story homes are not appropriate for the Desert. Commissioner Nosher also voted against it because he didn't see any difference between a two story and a one story 25 foot high house. He felt all the homes could be allowed to be two story as opposed to limiting it to three. BARBARA SLAVINS, representing Peter Ministrelli addressed Council displaying photo's and advised that the original agreement called for 25 foot height, one story throughout the Tract. The Developer agrees with the 25 feet height, but would like to make the homes two story. Some of the buyers have requested two story homes and are attracted to the location of the project. She pointed out that one of the lots approved for 2-story has been purchased and the buyer wishes to build a one-story home. In response to Council Member Bohnenberger, Mrs. Slavins advised that the lots are selling for approximately $100,000. PUBLIC H?ARING OPEN PUBLIC REARING CLOSED Council Member Rushworth stated that he did not see a problem with going along with the Planning Commissions recommendation. Mr. Herman clarified condition no. 19. Council Member Bohnenberger advised that his feelings are that 25 feet two story is less of a visual impact than a single story 22 foot in a more normal subdivision and added that he does not have a problem with it and agrees with the deed restrictions of notifying the people that they are across the street from the Sports Complex and the lighted ball fields. Given the condition the lots are in down in a hole) they should be allowed to build 25 feet whether one or two story. Council Member Sniff concurred. RESOLUTION NO. 91-40 A RESOLUTION OF THE CITY COUNCIL OF the CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF AN A?AMENDMENT TO TRACT NO. 26016. BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 11 June 4, 1991 It was moved by Council Members Bohnenberger/Sniff to approve the amendment to Tract No. 26016 as modified to allow the houses along Avenue 50 to be 25 maximum whether one or two story and to include the deed restriction as discussed. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 2. ADOPTION OF POLICIES AND USER FEES FOR LA QUINTA PARKS. PAM LICALSI, Administrative Analyst, presented staff report and advised that the fee schedule and policies are a start and it is recognized that parks and recreation is growing and this will probably be modified in the future. PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING POLICIES AND FEE SCHEDUlE FOR THE USE OF FACILITIES OF CITY PARKS AND RECREATION AREAS. MOTION It was moved by Council Members Sniff/Rushworth to adopt Resolution No. 91-41. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None 3. WEED ABATEMENT?S/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1991/92 TAX ROLLS a. San Fernando Swap Meet APN 773-161-014 $187.50 b. San Fernando Swap Meet APN 773-203-009 $187.50 PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 12 June 4, 1991 It was moved by Council Member Bohnenberger/Rushworth to adopt Resolution No. 91-42. Motion carried unanimously. 4. DEVELOPMENT AGREEMENT? 90-002 FOR SPECIFIC PLAN 89-14 ONE ELEVEN LA QUINTA CENTER LOCATED IN AREA BOUNDED BY WHITEWATER STORM CHANNEL ON THE NORTh, HIGHWAY 111 ON THE SOUTH, ADAMS ST. ON THE EAST, AND WASHINGTON STREET ON THE WEST APPLICANT: WASHINGTON ADAMS LIMITED PARTNERSHIP. MOTION It was moved by Council Members Sniff/Rushworth to table Public Hearing No. 4. Motion carried unanimously. MINUTE ORDER NO. 91-91. BUSINESS SESSION................................continued 8. CONSIDERATION OF INDUCEMENT RESOLUTION FOR DESERT VILLA SENIOR HOUSING PROJECT. Council Member Sniff advised that since Council will be looking at this on a continuing basis, Council should move forward and adopt the Resolution. RESOLUTION NO. 91-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DETERMINING THE[ NECESSITY TO PROVIDE FINANCING FOR THE SALE OF MORTGAGE BONDS DESERT VILLA). MOTION It was moved by Council Members Sniff/Bohnenberger to adopt Resolution No. 91-43. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Council Member Franklin ABSTAIN: None Council concurred on directing staff to negotiate Up to $1.8 million. PUBLIC COMMENT AUDREY OSTROWSKI, P. 0. Box 351, La Quinta, addressed Council advising that she is unhappy with the Sheriff's actions regarding a recent burglary at her residence. Council Member Bohnenberger requested that the City Manager contact Captain Dye and have him call Ms. Ostrowski. COUNCIL CON?? None BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02 City Council Minutes 13 June 4, 1991 STUDY SESSION 1. INTERVIEW APPLICANTS FOR DESIGN REVIEW BOARD At this time City Council interviewed the applicants for Design Review Board. There being no further business, the meeting was adjourned until June 10, 1991 at 7 00 P.M. BIB] 02-08-96-U01 09:55:40AM-U01 CCMIN-U02 06-U02 04-U02 1991-U02