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1990 03 06 CC MinutesN LA QUINTA CITY COUNCIL MINUTES MARCH 6, 1990 Regular meeting of the La Quinta City Council was called to order at the hour of 7:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena ABSENT: Council Member Bosworth MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger to excuse Council Member Bosworth. Motion carried unanimously. CONFIRMATION OF AGENDA- Confirmed ANNOUNCEMENTS Mayor Pena announced that City Attorney, Dawn Honeywell had a baby daughter Saturday morning. He also announced that Deputy City Attorney, Celeste Brady is now a partner in the firm Stradling, Yocca, Carlson & Rauth. PRESENTATIONS Mayor Pena presented the following La Quinta Beautiful Awards for the month of February: MOST BEAUTIFUL: Raul & Suzane Gualda, 77-210 Calle Ensenada MOST IMPROVED: Stephen & Janella Ulsh, 51-877 Avenida Vallejo HONORABLE MENTION: Javier & Angela Villarreal, 51-050 Calle ObiSpo MARSHA CHRISTIANSEN, representing the La Quinta Arts Foundation presented the City with a framed 1990 Poster and reported on the plans for this year's Festival. PUBLIC HEARINGS 1. PUBLIC HEARING ON TENTATIVE TRACT MAP 23971, AMENDMENT #1 TO AMEND CONDITIONS OF APPROVAL NOS. 6a, 14 and 30. PROPERTY LOCATED ON NORTHEAST CORNER OF WASHINGTON ST. & MILES AVE. APPLICANT: DEANE HOMES. Mr. Herman presented staff's report advising that there is a condition of approval limiting all units along Washington Street to single-story. The Applicant has requested reconsideration of that condition to allow either split-level or two-story units along the frontage of Washington. The issue of two-story units along Washington has been discussed numerous times by both the Planning BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 2 March 6, 1990 Commission and City Council, citing other developments on Washington on which a similar condition was attached. This is based on a policy developed in the General Plan that identifies Washington St. as an image corridor. The Planning Commission, voted to allow the applicant six split-level or two-story units along Washington St. They also approved modifications to Conditions 6a and 14 which deals with sidewalk widths and monitoring of grading plans. Council Member Sniff commented on the split-vote by the Planning Commission and asked why Mrs. Moran voted no" and Mr. Herman stated that she believed that the City has been consistent in limiting two-story along Washington with a 150' set-back. Council Member Sniff commented that approval of this request would be precedent setting. STEVE TAYLOR, representing Deane Homes presented site-line graphs advising that an additional five to ten additional feet would be visible. Every third home would be two-story. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. Mayor Pena stated that he was strongly opposed to granting two-story structures along our image corridor. Council Member Sniff concurred, commenting that a lot of thought was given to the Washington Street corridor and of its vital importance to the City, adding that this would be precedent setting. MOTION It was moved by Council Members Bohnenberger/ Rushworth that modified Conditions a and 14 be approved. Motion carried unanimously. MINUTE ORDER NO. 90-22. RESOLUTION NO. 90-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF TENTATIVE TRACT NO. 23971, AMENDMENT l, AMENDING CONDITIONS OF APPROVAL NUMBERS 6a and 14, CASE NO. TT 23971, AMENDMENT #1 DEANE HOMES. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 90-14 be adopted as amended. Motion carried unanimously. BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 3 March 6, 1990 2. PUBLIC HEARING ON TENTATIVE TRACT MAP 25499 FOR DIVISION OF A PORTION OF TRACT 21642 INTO 33 RESIDENTIAL LOTS FOR DEVELOPMENT OF 409 CONDOMINIUM UNITS ON APPROXIMATELY 88.5 ACRES LOCATED WITHIN PGA WEST SPECIFIC PLAN AREA. APPLICANT: SUNRISE DESERT PARTNERS. Mr. Herman advised that the proposed tract is within PGA West and is a re-subdivision of a previously approved map. The proposals call for construction of 409 condominium units on 88.5 acres. The Planning Commission recommends approval subject to modified conditions. Allen Levine, Vice President of Sunrise Co., 42-600 Cook Street advised that the map before the Council is the completion of the mapping of the Jack Nicholous Private Course. The Course has done extremely well in sales. To date, there have been 1,290 units sold at GA West. The Mayor declared the public hearing OPEN. BOB PRUITT, 55-769 Pinehurst, advised that the Homeowner 5 Association has no problem with the proposed tract. There being no one else wishing to speak, the Mayor declared the public hearing CLOSED. RESOLUTION NO. 90-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING APPROVAL OF TENTATIVE TRACT 25499 TO ALLOW THE CREATION OF A CONDOMINIUM SUBDIVISION. CASE NO. TT 25499 SUNRISE COMPANY. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 90-15 be adopted as amended. Motion carried unanimously. 3. PUBLIC HEARING ON ADOPTION OF RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN 47-250 WASHINGTON STREET. Ms. Brady, Deputy City Attorney, advised that staff has been attempting, through negotiations, to acquire certain property located at 47-250 Washington Street for street widening purposes and haven't been able to come to terms. We have recently received correspondence advising that negotiations are continuing. The property owners have received notice of this public hearing and of their opportunity to speak and be heard. This public hearing is required prior to proceeding with acquisition through eminent domain. The hearing is to consider the three matters described in the Resolution relating to the public interest and need for this property for the street widening project. It is not the time and place to discuss value or BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 4 March 6, 1990 the negotiations concerning the acquisition of the property. Adoption of the resolution Will allow the City to proceed with eminent domain action and obtain possession of the property so that the street widening project can proceed. Adoption of the resolution requires a super-majority of the Council for approval four of the five Council Members. The Mayor declared the public hearing OPEN Ms. Brady asked if Mr. Burkett has responded in writing or contacted the City Clerk requesting to be heard and Mrs. Juhola advised not. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 90-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE A STREET WIDENING PROJECT FOR WASHINGTON STREET ON A PORTION OF THE PROPERTY LOCATED AT 47-250 WASHINGTON STREET, ASSESSOR'S PARCEL NO. 617-070-005; AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF THE PROPERTY; AND DIRECTING AND AUTHORIZING THE CITY'S ATTORNEY AND CONDEMNATION COUNSEL TO PREPARE, COMMENCE AND PROSECUTE ACTION(S) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE FOR THE PURPOSE OF CONDEMNING AND ACQUIRING THE PROPERTY. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 90-16 be adopted. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth WRITTEN COMMUNICATIONS- None BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 5 March 6, 1990 BUSINESS SESSION 1. CONSIDERATION OF ACTIONS RELATING TO A SPECIAL TAX FOR UPGRADING FIRE PROTECTION, RESCUE/PARAMEDIC SERVICES AND OTHER COMMUNITY SAFETY SERVICE ISSUES: A. ADOPTION OF ORDINANCE DETERMINING AND PROPOSING A SPECIAL TAX FOR UPGRADING FIRE PROTECTION, RESCUE/PARAMEDIC SERVICES AND OTHER COMMUNITY SAFETY SERVICE ISSUES. B. ADOPTION OF RESOLUTION CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD ON JUNE 5, 1990. C. ADOPTION OF RESOLUTION SETTING FORTH PRIORITIES FOR BALLOT ARGUMENT. D. ADOPTION OF RESOLUTION PROVIDING FOR REBUTTAL ARGUMENTS. Mr. Hirdler advised that all the material has previously been presented and reviewed with the City Council and he was present to answer any questions. Council Member Sniff asked if this procedure is legal and unchallengeable and Ms. Brady advised that no process any public entity goes forward with is unchallengeable. Anyone is entitled to file a lawsuit on any matter they wish. However, we have followed the procedure set forth by the Legislature to place this issue before the voters. She noted that the documents have been revised to more clearly define what an equivalent dwelling unit" is so that it is clear as to how this tax is going to be calculated and charged to vacant and improved property and with the type of use, i.e., commercial and residential. As an example, a single family resident would be charged for one equivalent dwelling unit and a more intense use of property like commercial, there may be basis for a higher charge. Council Member Sniff asked if the product is going to be fully defined before the election and who is going to provide the services and Mr. Kiedrowski referred to Attachment 3 which lays out a timetable for implementation. The proposal before the Council has been prepared by the Riverside County Fire Department, which can be modified at any time by the Council. Council Member Sniff asked if it has been determined whether or not we can use Redevelopment Agency pass-through funds and Mr. Kiedrowski advised that we have been notified that we cannot. Council Member Sniff questioned the verbiage other community safety services" included in the ballot question. Mr. Kiedrowski said that will allow us to fund the other fire functions, like weed abatements from these monies if we wish. BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 6 March 6, 1990 MARK BAKER, 53-075 Avenida Herrera, addressed the Council commending them on wishing to provide these services to the residents; however, he felt that it is premature to ask for a tax override because he believed that there are some inaccuracies in the data compiled. He also believed that there are some undefined and unanswered legal aspects relating to providing paramedic services. Recent legislation may prohibit the City from implementing paramedic services. He also questioned the rights of the current provider of paramedic services. He stated that he would support the proposal, but wants to know the product he's buying. He urged the Council's no vote on placing this matter before the voters. Council Member Rushworth questioned the validity of Mr. Baker's comment regarding the legality of the City providing paramedic services. Ms. Brady stated that she was unfamiliar with any such legislation. She believed that it would come under the umbrella of providing emergency services. She added that the issue going before the voters is to ability to assess the special tax. Mr. Kiedrowski commented that we have never discussed excluding private ambulance companies from operating in the City. This proposal will simply provide an option for the residents. STEPHEN REIN, 52-952 obregon, concurred with Mr. Baker. He stated that other Cities that have a similar funding mechanism are assessing less than $50 per year. He wished to see the cap" lowered so that we will have to go back to the Voters for an increase commenting on the all the assessments they're property owners) being faced with. ERIC VOGT, Eastern Division Chief with Riverside County Fire Department commented that the question being placed before the voters is authorization to levy a special tax, not whether or not to contract with Riverside County. Regarding the comments made by Mr. Baker, he advised that all the data has been submitted to the City Council. In response to Mayor Pena, Mr. Vogt advised that all the comparative information was obtained directly from the Chiefs of the various Departments. Council Member Bohnenberger asked if any other Agency in the valley has the minimal staffing that our Department has. Mr. Vogt advised that PGA West Station has two paid full-time and the Avenue 52 Station has two paid full-time four days a week and one paid three days a week. Every other city in the Valley has a minimum of a two-person engine company on duty, not all of them have paramedics such as Coachella and Indio. Their Cove Stations operate two paramedics per ambulance. BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 7 March 6, 1990 Mayor Pena commented that the PGA West Station also serves County residents and asked if since the facility was donated, it was his understanding that the City was not going to be charged the services there. Mr. Vogt commented that the City is growing in that direction, and was unfamiliar with such an agreement. He felt that it is probably a wash as to the number of responses by the County into the City, and the number of City responses into the County. Mayor Pena asked if this tax is not passed, what level of services could we expect. Mr. Vogt advised that we would either have to fund the level of services we wish from the General Fund or the level of service would fall behind. The number of responses have increased tremendously with the City's growth. Mayor Pena asked how he would rank our services and Mr. Vogt advised minimal". BOB COX, 78-315 Crestview, felt that a formidable program can be developed to present to the citizens. He urged the Council to go forward with this issue. Council Member Bohnenberger felt that as a City we ve matured and need more coverage than we currently provide. We have had the same manning, basically since incorporation and our population has tripled and will double again within the next two to four years. He noted that the money the County gets from La Quinta does not cover the cost of current operation, so they it's inevitable that they will be coming to us for an additional $250,000 to $300,000 per year. Council Member Rushworth concurred with the comments made by Council Member Bohnenberger. Council Member Sniff stated that he had slight reservations, as he would like to see it better defined, but would like to see it put before the voters. He hoped that the program will be defined before the election so that the residents can make an informed decision. Mayor Pena also wished to move forward. He felt that with the impending earthquake, we can't afford not to go forward with upgrading emergency services. We need to be able to respond quickly and competently. MOTION It was moved by Council Members Bohnenberger/ Rushworth that Ordinance No. 166 be taken up by title and number only and waive further reading. Motion carried unanimously. BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 8 March 6, 1990 ORDINANCE Na. 166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DETERMINING AND PROPOSING A SPECIAL TAX FOR FIRE PROTECTION AND PREVENTION. It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 166 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth RESOLUTION NO. 90-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 1990, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY, A QUESTION RELATING TO UPGRADING FIRE PROTECTION, RESCUE/PARAMEDIC SERVICES AND OTHER COMMUNITY SAFETY SERVICES. It was moved by Council Members Bohnenberger/Rushworth that Resolution No. 90-17 be adopted. Motion carried unanimously. RESOLUTION NO. 90-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. It was moved by Council Members Sniff/Rushworth that Resolution No. 90-18 be adopted. Motion carried unanimously. RESOLUTION NO. 90-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURE SUBMITTED AT MUNICIPAL ELECTIONS. It was moved by Council Members Sniff /Rushworth that Resolution No. 90-19 be adopted. Motion carried unanimously. Mayor Pena suggested formation of a Citizens advisory committee to help with the implementation process, as well as a technical committee. BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 9 March 6, 1990 2. CONSIDERATION OF CITY SPONSORSHIP OF HIGHWAY 111 STREET IMPROVEMENTS IN VICINITY OF PROPOSED COMMERCIAL DEVELOPMENT BETWEEN WASHINGTON AND ADAMS STREETS. Mr. Reynolds advised that Caltrans encourages local governments to sponsor state highway improvements projects that are initiated due to proposed private developments. Their approval process for projects typically takes 18 months or more including construction time. The public improvements that are needed in the vicinity of the shopping center proposed by Specific Plan 89-014 are expected to be financed with bond proceeds issued under a Mello-Roos District. The City will pay the District's annual special tax for improvements that are not the responsibility of the property owners in the District. The City's annual payment for Highway 111 improvements are expected to be $70,000, until future developments that are appropriately located can be conditioned to assume responsibility for payment of the public facilities that adjoin said future development. In response to Council Member Sniff, Mr. Kiedrowski advised that the area is between Point Happy to Adams and includes the bridge. He added that staff believes that the project will go forward along with the Mello-Roos District. In further clarification as to the $70,000, he advised that it is part of an annual payment we will be contributing to a Mello-Roos at minimum for improvements that this developer will pay their fair-share and we will be contributing monies beyond their fair-share we may not be able to recoup from other adjacent land owners. RESOLUTION NO. 90-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE CITY TO BE THE SPONSOR AND LEAD AGENCY FOR STREET IMPROVEMENTS NEEDED ON STATE HIGHWAY 111 IN THE IMMEDIATE VICINITY OF THE SHOPPING CENTER PROPOSED BY SPECIFIC PLAN 89-014. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 90-20 be adopted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF FEBRUARY 20, 1990. 3. ACCEPTANCE OF QUITCLAIM DEED FROM ROBERT PETERSEN FOR A PORTION OF ADAMS STREET RIGHT OF WAY. 4. APPROVAL OF APPROPRIATION FROM GENERAL FUND RESERVE FOR CITY ATTORNEY SERVICES. BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02 NCity Council Minutes Page 10 March 6, 1990 5. APPROVAL OF CONTRIBUTION OF $100 FOR 20TH ANNIVERSARY OF EARTH DAY. 6. ADOPTION OF RESOLUTION OF PARTICIPATION IN COACHELLA-COMM. MOTION It was moved by Council Members Sniff/Bohnenberger that Consent Calendar Items 1 through 6 be approved as recommended with Item 6 being approved by RESOLUTION NO. 90-21. Motion carried unanimously. MINUTE ORDER NO. 90-23. COUNCIL COMMENT- None PUBLIC COMMENT- None STEPHEN REIN, 52-952 Obregon referred to the last Council meeting in which there were only three Council Members present and only two of the three voted to approve the contract with the firm of Gruen and Assoc. He stated that normally, a majority is three and asked the City Attorney if that was a legal action. Ms. Brady advised that when you have a five member Council, three members constitutes a quorum and action can be taken by those three members in which a majority vote is necessary of the quorum, so two of three present is necessary to approve a contract. She added that some matters require a super majority of the entire Council, not of those present. Council adjourned to closed session at 9:32 P.M. pursuant to Government Code Sections 54956.9 a) to discuss litigation in particular: City of Indio/Indio Case No. 57496 and concerning real property located at 47-250 Washington St. regarding eminent domain proceedings pursuant to Government Code Section 54956.9. and litigation relating to the Fritz Burns Foundation. Possible purchase of property at northeast corner of Adams and Avenue 46 and a parcel adjacent to Navarro and the Post Office and Lots 7, 8, 9, 10, 11, 12 & 13 of Block 122. There being no further business, the Council meeting was adjourned upon motion by Council Member Sniff, seconded by Council Member Rushworth and carried. R??pectfully submitted, City Clerk City of La Quinta, California BIB] 02-13-96-U01 08:44:59AM-U01 CCMIN-U02 03-U02 06-U02 1990-U02