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1989 05 16 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 16, 1989 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Bosworth, Rushwcrth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Kiedrowski asked that consideration of up-date of the City's promotional video be added to the agenda. MOTION It was so moved by Council Member Sniff, seconded by Council Member Rushworth and carried unanimously. ANNOUNCEMENTS None At this time, Mayor Pena introduced the City's new interim City Attorney, Dawn Honeywell. PUBLIC HEARINGS 1. PUBLIC HEARING ON LOT CLEANING/WEED ABATEMENTS AND PLACEMENT OF COST ON 1989/90 TAX ROLLS: a. Alden, Ivey APN 774-275-022 $125.00 b. Conklin, Robert & Geraldine APN 773-183-013 $125.00 c. Denner, Thomas APN 773-213-008 $125.00 d. Gervenka, Katherine APN 617-101-012 $187.50 e. Luby, Richard APN 774-291-020 $125.00 f. Shubin, Beverly APN 774-271-020 $125.00 g. Western American Const. Co. APN 774-263-005 $125.00 h. Von Haselbert, Martin & Dorothy APN 774-282-006 $125.00 Klein, Sharon Ocean Properties Mr. Hirdler noted for the record that Thomas Denner has paid his assessment and should therefore be removed from the resolution. Mr. Hirdler advised that all subject lots have been cleaned, notices sent and to date, no written communications have been received. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 2 May 16, 1989 RESCLUTION NO. 89-53 A RESOLUTION OF THE CITY COUNCIL aF 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 Council Member Sniff, seconded by Council Member Bohnenberger, that Resolution No. 89-53 be adopted. Motion carried unanimously. Note for record: The assessment on Katherine Gervenka's parcel was paid prior to recordation of the resolution. 2. PUBLIC HEARING ON CHANGE OF ZONE 89-039 AND TENTATIVE TRACT 24035 APPLICATION BY TRIAD PACIFIC DEVELOPMENT FOR CHANGE OF ZONE FROM R-1-12,000/PD TO R-l FOR SUBDIVISION OF 75 ACRES INTO 249 SINGLE FAMILY LOTS AND TWO WELL SITE LOTS. PROPERTY LOCATION: WEST SIDE OF JEFFERSON, BETwEEN MILES AND FRED WARING DRIVE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. Mr. Herman presented staff report advising that the applicant proposes a 240 single-family lot subdivision with seven lots for interim storm water retention requirements and two will be reserved as CVWD well sites. A Change of Zone from R-1-12,C00 to R-1 is proposed with this map. He then reviewed on-site circulation advising that all streets will be public. The major entries into the subdivision are off Fred Waring and Miles. There are two minor access points on the west side of the subdivision. The Planning Commission recommended approval of both the change of zone and tentative map subject to conditions. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-54 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. 24035 TO ALLOW THE CREATION OF A SINGLE-FAMILY LOT SUBDIVISION. It was moved by Council Member Sniff, seconded by Council Member Eohnenberger that Resolution No. 89-54 be adopted. Motion carried unanimously. MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that Ordinance No. 140 be taken up by title and number only and that full reading be waived. Motion carried unanimously. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 3 May 16, 1989 ORDINANCE NO. 140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 89-039. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Ordinance No. 140 be introduced. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 3. PUBLIC HEARING ON CHANGE OF ZONE 88-035: GENERAL PLAN AMENDMENT 88-021: SPECIFIC PLAN 88-012: TENTATIVE TRACT 23995: FOR MIXED USE DEVELOPMENT APPLICATION BY A. G. SPANOS PROPERTY LOCATION: BETWEEN WASHINGTON, MILES, ADAMS AND THE STORM WATER CHANNEL, EXCLUDING THE SMALL TRIANGULAR AREA JUST NORTH OF THE CHANNEL AND JUST SOUTH OF THE EAST/WEST AVENUE 46 ALIGNMENT WESTWARD HO DRIVE) AND CONFIRMATION aF ENVIRONMENTAL ASSESSMENT. Mayor Pena advised that there has been a request for a continuance. The Mayor declared the public hearing OPEN. MR. TOM ALLEN, representing the applicant, advised that all elements have not yet been processed by the Planning Commission and he wished to present a total package to the City Council. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Rushworth that this public hearing be continued to June 20, 1989. Motion carried unanimously. MINUTE ORDER NO. 89-44. 4. PUBLIC HEARING ON PLOT PLAN 89-412 EXPANSION OF LA QUINTA HOTEL BY 38 UNITS AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT APPLICATION BY LANDMARK LAND CO. Mr. Herman presented staff report advising that the request of Landmark Land Co. to expand La Quinta Hotel by 38 units is in accordance with previously approved Specific Plan 121-E. These units are proposed to be located at the southwestern end of the complex. The Planning Commission has approved the expansion subject to certain conditions and adoption of a negative declaration. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 4 May 16, 1989 Mr. Herman advised that one letter has been received from Mr. William Leigh regarding parking of hotel guests in and around the Santa Rosa Cove development as well as the increased early morning/mid-afternoon traffic due to hotel employees utilizing the Santa Rosa Cove guard gate. He suggested that employees be required to use the gate on Avenida Fernando. The Mayor declared the public hearing OPEN. ALEJANDRO MARTINEZ, representing Landmark, addressed the issue of parking advising that overflow parking has been provided off of Obregon. Mr. Dillon, 50-072 Vista Bonita asked if there will be any entry to the new units from Vista Bonita and will there be any parking on Vista Bonita. Mr. Martinez advised not and if people park on Vista Bonita, they will be inconvenienced by having to walk around, as the units will be walled off. There being no one else wishing to speak, the hearing was CLOSED. MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that the Council accept the decision of the Planning Commission approving Plot Plan No. 89-412, subject to conditions. Motion carried unanimously. MINUTE ORDER NO. 89-45. 5. PUBLIC HEARING ON TENTATIVE TRACT MAP 24317 APPLICATION BY SUNRISE DESERT PARTNERS FOR SUBDIVISION OF 22.8 ACRES INTO CONDOMINIUM DEVELOPMENT SOUTH OF AVENUE 54, EAST OF THE ALL-AMERICAN CANAL AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. Mr. Herman presented staff report advising that the application is for subdivision of 22.8 acres located south of Avenue 54, east of the All-American Canal into 8 residential lots with 111 condominiums, 6 private street lots and 1 landscape lot and 1 buffer lot. The proposed tract is a continuation of the development of PGA West. The Planning CommisSion has recommended approval and adoption of a negative declaration. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT NO. 24317 TO ALLOW THE CREATION OF A SUBDIVISION FOR THE CONSTRUCTION OF 111 CONDOMINIUM UNITS AT PGA WEST. It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that Resolution No. 89-55 be adopted. Motion carried unanimously. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 5 May 16, 1989 WRITTEN COMMUNICATIONS a. Letter from La Quinta Historical Society regarding storage of Historical artifacts and direction of Historical Society. Council Member Sniff noted that Mr. Rice has asked for a meeting with the Council and suggested that it be scheduled during a study session. Council concurred. BUSINESS SESSION 1. ADOPTION OF RESOLUTION OF INTENTION, AND APPOINTING KICAK AND ASSOCIATES, INC. AS ENGINEER OF WORK AND APPOINTING SUPERINTENDENT OF STREETS PHASE II OF COVE IMPROVEMENT PROJECT ASSESSMENT DISTRICT 89-2. 2. ADOPTION OF RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING SUBMISSION OF PLANS AND SPECIFICATIONS FOR BID PHASE II OF COVE IMPROVEMENT PROJECT ASSESSMENT DISTRICT 89-2. 3. ADOPTION OF RESOLUTION APPROVING REPORT AND FIXING THE TIME AND DATE OF HEARING PHASE II OF COVE IMPROVEMENT PROJECT ASSESSMENT DISTRICT 89-2. Mr. Reynolds presented staff report explaining that Phase II of the Cove Improvement Project encompasses the area between Calle Madrid and Calle Colima. The Plans and Specifications are nearing completion for this phase. He recommended that Kicak and Associates be appointed as Engineer of Work as in Phase I and that the public hearing be scheduled for June 22, 1989. In response to Council Member Sniff, Mr. Reynolds advised that Phase II work will be concurrent with Phase I. Phase I will be completed in February 1989 and Phase II will be completed in July 1989. Regarding the mailing of notices, he advised that they will be sent regular first-class mail not certified. These notices will discuss lot mergers as well as the estimated assessments and instructions as to how to respond. He added that there will be an informational meeting held on May 3Cth at the Community Center. Council Member Bohnenberger questioned the number of developed lots in Phase II versus undeveloped lots and Mr. Reynolds advised that it's about SC/SO adding that there are 1,224 lots in Phase II. Council Member Sniff believed that the notices should be sent certified mail in order to avoid the same complaints as were registered in Phase I. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 6 May 16, 1989 In response, Mr. Kicak advised that he has never sent a certified letter for a assessment district there is no legal requirement, nor prohibition in doing so. Council Member Bohnenberger commented that there is a better chance of having a letter delivered if sent first-class, as it can be forwarded, whereas a certified letter cannot. Mr. Kicak added that in Phase I, only about 50 letter were returned. RESOLUTION NO. 89-56 A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE INTENT OF THE CITY OF LA QUINTA TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 89-2 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. It was moved by Council Member Bohnenberger, seconded by Council Member Rushworth that Resolution No. 89-56 be adopted. Motion carried unanimously. RESOLUTION NO. 89-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 89-2 AND AUTHORIZING SUBMISSION OF PLANS AND SPECIFICATIONS FOR BID. It was moved by Council Member Rushworth, seconded by Council Member Bohnenberger that Resolution No. 89-57 be adopted. Motion carried unanimously. RESOLUTION NO. 89-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING REPORT AND FIXING TIME AND PLACE OF HEARING PROTESTS TO PROPOSED IMPROVEMENTS. It was moved by Council Member Bohnenberger, seconded by Council Member Rushworth that Resolution No. 89-58 be adopted. Motion carried unanimously. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 7 May 16, 1989 4. ADOPTION OF RESOLUTION APPROVING REPORT AND FIXING TIME AND DATE OF PUBLIC HEARING RELATIVE TO FORMATION OF A CITY-WIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT 89-1. 5. ADOPTION OF RESOLUTION DECLARING INTENTION TO ORDER THE CONSOLIDATION OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO PROVISIONS OF PART 2, DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. Mr. Reynolds advised that as the City grows, the maintenance effort for landscaping grows along with it, i.e. landscaped median strips, parks, etc.. Rather than providing for the maintenance through the General Fund, staff proposes the formation of a City-Wide Landscaping and Lighting District which will provide safety lighting at problem intersections as well as landscaping maintenance. The City will be divided into zones and each area will be assessed based on the le?7el of benefit to that area. Richard Rafanovic, representing BSI, Engineers for the District presented a report describing the procedures for forming the District and how the assessments will be spread, noting that they will be collected on the property tax bill. He advised that the assessments will be reviewed annually. The improvements are defined in two categories, 1) major benefit improvements which are intended to be for the benefit of everyone in the City. These will consist of improvements on major arterials. 2) Improvements that are of special benefit only to the residents in particular districts will pay for corresponding benefits. He then presented a diagram of zones and typical assessments applied per lot and/or acre for fiscal year 1989/90. All acreage is placed in a separate category where they would pay on a per acre basis. The undeveloped acreage pays 1/3 of what developed acreage pays because the land only receives the benefit from the potential zoning and doesn't receive the full benefit of other land at that point. Golf Courses which contribute to the landscape conditions, pay only 10% of what the normal acre would pay and agriculture land pays only 5%. He presented the breakdown on estimated assessments in various parts of the City for the first year, advising that PGA West parcels will pay about $75.00 annually whereas 95% of the parcels in the Cove will be paying about $9.00. Council Member Bohnenberger asked why a larger lot gets assessed more when they receive no more benefit than a smaller lot and Mr. Kiedrowski responded that a special class was created that is charged on a per acre basis not on a per unit basis and we took all the lots that are less than todays standard zoning less than 7200 sg. ft. and have them mainly in this special class. The standard the Engineer is using is that if you built something today, you would be to our minimum zoning code which is 7200. The logic being that we have many lots that don't meet todays Code, so let's create a separate class for them and not just charge them just a portion of an acre. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 8 May 16, 1989 Council Member Sniff questioned what benefit the Cove Will receive other than being able to see the other median strips on Eisenhower, Jefferson, etc. Mr. Kiedrowski stated that the landscaping of the full length of Eisenhower initially. Mr. Reynolds noted that the Cove is considered to be the area bounded by Rondo on the east and Tampico on the North. In response to Council Member Sniff, regarding noticing and letting the people know what they can do if they like the program or don't like the program. Mr. Raf anovic reviewed the legal procedure with regard to noticing, etc. noting that the people will be advised as to how to respond. Council Member Bosworth questioned the results of not establishing the District at this time and Mr. Reynolds advised that we must retain the District for PGA West and strongly recommended that one for the northern sphere be included. Council Member Rushworth felt that we should go forward with the District, as we will be facing a problem with each tract approved. Council Member Sniff added that the program is subject to annual review. Mayor Pena commented that perhaps the Planning Department should be asked to encourage developers to go to less intense type plantings and look at desert type plants. Mr. Kiedrowski advised that the City can also build new facilities with the funds as well as maintain new and existing facilities including parks. Mr. Raf anovic added that it includes public right of way; publicly owned land; and special designated lots with landscaped easements that have been accepted. In response to Council Member Sniff, Mr. Reynolds advised that Rancho Mirage is the only local city which has such a district in place. RESOLUTION NO. 89-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 1989-90 IN CONNECTION WITH PROPOSED LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Resolution No. 89-59 be adopted. Motion carried with Council Member Bohnenberger voting NO. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 9 May 16, 1989 RESOLUTION NO. 89-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING ITS INTENTION TO ORDER THE FORMATION OF A LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT AND THE DISSOLUTION OF LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Resolution No. 89-60 be adopted. Motion carried with Council Member Bohnenberger voting NO. 6. CONSIDERATION OF REQUEST OF PROPERTY OWNER FOR VARIANCE OF FINISH FLOOR ELEVATION 51-380 CALLE JACUMBA. Mr. Reynolds advised that the owner of the property at 51-380 Calle Jacumba has requested a variance to allow him to build at an elevation lower than that prescribed by the Flood Insurance Rate Map which places his property in the A3 flood zone which requires a 3 foot pad. The current FIRM does not take into account the new flood control facilities which have been constructed in the upper cove and it will be at least six months before a new map is published. Therefore, pursuant to Section 8.11.060 of the City Code, he recommended that the variance be granted. MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that the variance application for 51-380 Calle Jacumba be granted. Motion carried unanimously. MINUTE ORDER NO. 89-46. 7. ENDORSEMENT OF RIVERSIDE COUNTY SOLID WASTE MANAGEMENT PLAN. Staff report advised that staff has reviewed the final Solid Waste Management Plan and recommended that the Council adopt a resolution endorsing said plan. RESOLUTION NO. 89-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ENDORSING THE RIVERSIDE COUNTY SOLID WASTE MANAGEMENT PLAN. It was moved by Council Member Sniff? seconded by Council Member Rushworth that Resolution No. 89-61 be adopted. Motion carried unanimously. 8. RECEIPT OF BID FOR MINI-PARK IMPROVEMENTS. Mr. Reynolds advised that the mini-park was put out to bid and there was only one bid received in the amount of $107,976, which he believed to be a courtesy bid submitted by Matich Corp. It is a small job which involves a number of specialized trades. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 10 May 16, 1989 Ms. Honeywell, City Attorney, advised that under the Public Contracts Code, the City has the right to reject all bids in a situation where it is determined that the bid is unreasonably high. A finding can be made that in a given situation, staff can undertake some of the responsibility of the particular project and act as the general contractor and solicit different bids for the sub-contracting, which would save approximately $30,000 in this case. MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that the bid of Matich Corp. be rejected. Motion carried unanimously. MINUTE ORDER NO.89-47. MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that staff be authori?ed to act as general contractor on the mini-park and be directed to proceed to complete the mini-park with City personnel where appropriate and by bid, private enterprise on various park components. Motion carried unanimously. MINUTE ORDER NO. 89-48. 9. SECOND READING OF ORDINANCES. ORDINANCE NO. 138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 89-038. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Ordinance No. 138 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 2. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Ordinance No. 139 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 11 May 16, 1989 10. CONSIDERATION OF UP-DATE OF CITY VIDEO. Mr. Kjedrowskj advised that with all the growth that has taken place this past year, the City's promotional video is flaw out of date. He recommended that the Council authorize a revision to the tape at a cost of $10,000. There is $4,000 available in Economic Development and $9,000 available in his budget under Contract Services". The City will get five copies and then we can buy additional copies. Approximately 30 tapes have already been given out. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that the City's video be update at a cost of $10,000. Motion carried unanimously. MINUTE ORDER NO. 89-49. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF APRIL 18, 1989. 3. APPROVAL OF APPLICATION BY HUNTSMAN, 78-477 HIGHWAY 111 FOR SPECIAL ADVERTISING DEVICE. 4. APPROVAL OF AGREEMENT WITH CHARMIAN IWEN FOR ACCOUNTING SERVICES. 5. AUTHORIZATION TO CALL FOR BIDS FOR JEFFERSON STREET IMPROVEMENTS. 6. APPROVAL OF MEASURE A" LOCAL STREETS AND ROADS CAPITAL IMPROVEMENTS PROGRAM. 7. APPROVAL OF DISBURSEMENT OF FUNDS TO THE COUNTY OF RIVERSIDE FOR LEGAL SERVICES INCURRED IN COLMAC CASE. 8. APPROVAL OF AGREEMENT WITH STRADLING, YOCCA, CARLSON & RAUTH FOR BOND COUNSEL SERVICES FOR COMMUNITY FACILITIES DISTRICT NO. 89?3. THE PYRAMIDS). MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Consent Items 1 through 8 be approved as recommended with Item No. 1 being approved by Resolution No. 89-62. Motion carried unanimously. MINUTE ORDER NO. 89-50. COUNCIL COMMENT Council welcomed Dawn Honeywell as City's Attorney. BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02 City Council Minutes Page 12 May 16, 1989 PUBLIC COMMENT CAROL CLEEK, 53-120 Herrera, addressed the Council on the issue Cf wishing to merge her lot with the one in back of her house. She was told that she would have to pay processing fees In the amount of $1,200 for a variance and asked that they be waived. Mr. Herman addressed the Council and explained the conditions for lot mergers as defined in the City Code. It states that lots cannot be created that are 2 1/2 times the width, i.e., they can have a 50 x 125 foot lot, but not a 50 x 200 foot lot. The only option is to apply for a variance. Council Member Bohnenberger asked Mrs. Cleek to submit a letter requesting waiver of variance fees and it will be placed on the next agenda. Mrs. Cleek asked that the Code be looked at for possible modification, so that other people can do the same thing. Mrs. Cleek then addressed another issue some children in her neighborhood were wishing to sell cards door-to-door and was told that they would have to pay $35 for a business license. She asked that this be looked into. Mr. Kiedrowski asked for a Closed Session prior to adjournment to discuss personnel. Mr. Kiedrowski advised that there will be need for a meeting on May 23rd and suggested 4:00 P.M. to approve the Preliminary offering Statement and also suggested a Saturday Study Session for budget review. Council concurred on May 23 at 4:00 P.M., but the budget session was to be scheduled at another time. Council Member Sniff brought up the matter of a need for a Capital Improvements Program that would span a number of years. Mayor Pena agreed. Council adjourned to closed session pursuant to Section 54957 of the Government Code to discuss personnel. Council reconvened with no action being taken. There being no further business, the meeting was adjourned upon motion by Council Member Sniff seconded by Council Member Bohnenberger and carried unanimously. ctfull? submitted, City Clerk City of La Quinta, California BIB] 02-13-96-U01 04:42:27PM-U01 CCMIN-U02 05-U02 16-U02 1989-U02