Loading...
1989 06 20 CC Minutes LA QUINTA CITY COUNCIL MINUTES JUNE 20, 1989 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M. by followed by the Pledge of Allegiance. PRESENT: Council Members Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: Council Member Bohnenberger MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that Council Member Bohnenberger be excused. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Consent Item No. 3 be removed from the agenda, as it is not yet ready for action. ANNOUNCEMENTS None PUBLIC COMMENT SHARON KOSKI, 54-075 Eisenhower, representing the HOW Foundation, addressed the Council and read a letter with regard to not being funded under the Community Service Grants. She advised that this program serves residents of La Quinta and to eliminate any assistance is to place these services in jeopardy. LARRY ALLEN, P.O. Box 412, La Quinta, wished to see the ordinances which relate to nuisances enforced for instance, contractors are starting to work earlier than allowed and construction sites are not being maintained. Large commercial vehicles are parking on residential streets, etc. PUBLIC HEARINGS 1. CONTINUED 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 STORMWATER CHANNEL AND JUST SOUTH OF THE EAST/WEST AVENUE 46 ALIGNMENT WESTWARD HO DRIVE) AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. Mr. Kiedrowski advised that the applicant has submitted a new application and therefore asked that this hearing be closed as the project is being re-noticed and will be scheduled for the July 5th agenda. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 2 June 20, 1989 MOTION It was moved by Council Member Sniff, seconded by Council Member Bosworth that this hearing relative to Change of Zone 88-035 and related applications be closed. Motion carried Unanimously. MINUTE ORDER NO. 89-62. 2. PUBLIC HEARING ON OAK TREE WEST SPECIFIC PLAN 85-006 APPLICATION BY LANDMARK LAND CO. REQUEST FOR ELIMINATION OF THE APPROVAL TIME LIMIT AND OTHER CONDITION MODIFICATIONS AND ADOPTION OF NEGATIVE DECLARATION. Mr. Herman, advised that Specific Plan 85-006 for Oak Tree West was approved by City Council in 1985. He then gave a brief synopsis of the project. One of the conditions of approval allowed the Specific Plan to be valid for three years and allowed the Planning Commission to grant another three year extension. The Planning Commission considered the request in May and recommended that the Council eliminate the time limit, whereby the Specific Plan will not expire. In response to Council Member Sniff, Mr. Herman advised that PGA West was granted approval with no time limit and The Grove has a Development Agreement that expires in 1995. Some projects are approved with time limits and some are not. The effect of eliminating a time limit is that the Developer doesn't have to worry about the time element and can market the project without that uncertainty. Ms. Honeywell, City Attorney, advised that it can be conditioned just as effectively at the tentative tract stage. FORREST HAAG, representing Landmark Land Co. addressed the Council advising that Specific Plans are not generally approved with a time limit as the project is reviewed at other times in the process. There are other ways to make sure that it conforms with the General Plan. Elimination of the time element removes a lot of the uncertainty. It's a problem not to have a long-range plan to support the promotion they have to do to keep the project going. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL DETERMINATION, AND MODIFYING THE CONDITIONS OF APPROVAL FOR THE OAK TREE WEST SPECIFIC PLAN. It was moved by Council Member Sniff, seconded by Council Member Bosworth that Resolution No. 89-76 be adopted. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 3 June 20, 1989 Mayor Pena referred to the conditions relative to bike lanes and questioned the timeliness of it and Mr. Herman advised that it is left open to City Standards and requirements of the City Engineer. Motion carried unanimously. 3. PUBLIC HEARING ON PLACEMENT OF GARBAGE COLLECTION FEES ON THE TAX ROLLS AND APPROVAL OF RATE INCREASE. Mr. Kiedrowski advised that each year the City must conduct a public hearing in order to continue the annual assessment for garbage collection fees on the tax rolls. Based on an increase in the CPI, Waste Management is requesting a rate increase of 4.6%, which will result in an annual increase from $80.40 to $83.40. In response to Council, Mr. Kiedrowski believed that the current franchise with Waste Management runs to June 30, 1991. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-77 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 1989/90 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS. It was moved by Council Member Sniff, seconded by Council Member Bosworth that Resolution No. 89-77 be adopted. Motion carried unanimously. WRITTEN COMMUNICATIONS a. Letter from Community Counseling and Consultation Center, Inc. regarding Community Services Grants. b. Letter from Riverside County Coalition for Alternatives to Domestic Violence regarding Community Services Grants. JUNE FOREMAN, 4773 Newbury Ct., Riverside, addressed the Council relative to the funding of Riverside County Coalition for Alternatives to Domestic Violence now referred to as ADV) from Community Services Grants. They requested $2,900, which is the same as they received last year, in order to help them provide services to the women and children in La Quinta. She then reviewed the different BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 4 June 20, 1989 services they provide. Their budget for next year is $130,000 and the $2,900 being request is 2% based on a fair share. In response to Mayor Pena, Ms. Foreman presented the following amounts received from other cities: Desert Hot Springs $1,672 Palm Springs $5,017 Norco $5,017 Lake Elsinore $1,672 Moreno Valley $15,000 Riverside $22,800 DONALD SHAW, 2053 Palo Fierro, Palm Springs, representing Community Counseling and Consultation Center, Inc., addressed the Council advising that they have received a letter from the City advising that they were not granted funding based on the fact they will be receiving $5,000 this year in Community Development Block Grant Funds. He advised that this is not so, those funds were granted from last years allocation of CDBG funds, but have not yet been received, as the City hasn't received them from the County. Mr. Kiedrowskj advised that the $5,000 has been reprogrammed from last year's funding to this years and there has been a problem receiving those funds from the County. They have also received $1,000 from CDBG funds. Council concurred that a study session in the fall should be held to discuss modification of the Community Services Grant Program to clarify qualifications. BUSINESS SESSION 1. CONSIDERATION OF A?POINTMENTS TO PLANNING COMMISSION AND COMMUNITY SERVICES COMMISSION. Mr. Kiedrowski advised that he received a call from Council Member Bohnenberger stating that he would like to take part in the appointment to the Planning Commission. Following a brief discussion, Council concurred in moving forward at this time. Mayor Pena commented on a discussion he had with Council Member Bohnenberger regarding the term *` substantial' with regard to the length of time an individual can serve. They both favored modifying the language in the Code to be more specific. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 5 June 20, 1989 Council Member Sniff referred to Section 2.06.010 B) reading an excerpt from same. He agreed that this section needs to be clarified as to the meaning of substantial". MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that the interpretation of serving substantially two terms'1 is to mean 9ta term shall be 24 months or more of a three year term" and that staff be instructed to bring back to the Council a Code amendment to that effect. Mr. Kiedrowski suggested that when the City Attorney drafts an amendment to the Code, that the superfluous language be removed. Mayor Pena asked that the attendance requirements be tightened up. Motion carried unanimously. MINUTE ORDER NO. 89-63. At this time, the Council concurred on voting by a private ballot with the ballots being made available to any member of the public who wishes to see how each Council Member voted. MOTION It was moved by Council Member Sniff, seconded by Council Member Bosworth that all persons who submitted applications shall be considered nominated. Motion carried unanimously. MINUTE ORDER NO. 89-64. The City Clerk then passed out ballots to the Council to vote for Planning Commissioner. She then announced that there was a tie between Lucia Moran and H. Fred Mosher, with Mayor Pena and Council Member Sniff voting for Lucia Moran and Council Members Bosworth and Rushworth voting for H. Fred Mosher. Council concurred on continuing the decision on this appointment to the next meeting. COMMUNITY SERVICES COMMISSION Mayor Pena noted that a letter from Ron Russell has been received indicating his desire to withdraw his application. He also advised that Mr. Rothschild told him that he was withdrawing, but he has not received anything in writing from him. Ms. Honeywell recommended that Mr. Rothschild's name remain in nomination since a written withdrawal has not been received. Council Member Rushworth commented on the attendance record of the CommiSsioners and that one in particular has had a very poor record and could be removed. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 6 June 20, 1989 In response, Ms. Honeywell advised that pursuant to Section 2.18.170, the Council may remove any member at any time and in other sections, absenteeism is considered an important criteria in remaining a Commissioner. MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that Dr. John Molina be removed from the Community Services Commission. Motion carried unanimously. MINUTE ORDER NO. 89-65. The City Clerk then passed out ballots to the Council for Community Services Commission. She then announced that Sharon Kennedy and Dorothy Benedict have been appointed for three year terms ending June 30, 1992, but there was a tie vote for the third position between Paul Rothschild and Felix Molina the vote was as follows: Mayor Pena Dorothy Benedict Sharon Kennedy Felix Molina Council Member Rushworth Dorothy Benedict Sharon Kennedy Paul Rothschild Council Member Bosworth Dorothy Benedict Sharon Kennedy Paul Rothschild Council Member Sniff Sharon Kennedy Felix Molina Vera Thaxton On the second ballot, Felix Molina was appointed to fill the unexpired term of Dr. John Molina the term ending June 30, 1991, with the following votes being cast: Mayor Pena Felix Molina Council Member Bosworth Paul Rothschild Council Member Rushworth Felix Molina Council Member Sniff Felix Molina MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that Dorothy Benedict; Sharon Kennedy be appointed for three year terms and Felix Molina, Jr. be appointed to fill the unexpired term of Dr. John Molina to the Community Services Commission. Motion carried unanimously. MINUTE ORDER NO. 89-66. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 7 June 20, 1989 2. CONSIDERATION OF EXTENSION OF MERGER POLICY. Mr. Herman presented staff report advising that in 1987, the City Council adopted an interim policy which allowed for incentives for merging parcels or doing lot line adjustments to reduce the number of lots in the Cove area which is defined as being bounded by Tampico; Montezuma; Tecate; and Bermudas. This policy includes waiver of lot line application fees; building permit fees; and reduced the infrastructure fee by 50%. In 1989, this policy was extended for the merger of lots in Assessment District No. 88-1 and also applies to Assessment District 89-2. During 1988/89, there were 101 applications as compared to 24 during 1987/88. He attributed most of that increase to Assessment District No. 88-1. The estimated incentive costs given to property owner/builders from July 1988 to July 1989 amounted to $46, 500. In response to Council Member Sniff, Mayor Pena commented that the program is having the effect that the City is desiring, which is to lower the density in the Cove. Double lots are now prime real estate in the Cove. He favored continuing the policy. In response to Council Member Rushworth, Council Member Sniff stated that he has not heard any opposition to this program in the Cove. He personally favored continuing the program for at least another year, as is, with a review in six months. In response to Council Member Bosworth, Mr. Herman advised that the Planning Fee is $175 per application; the building fees are between $800 $1,100 depending on when the permit was taken out, as there was an increase) and the infrastructure is 2.25% of the estimated value of construction. MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that the parcel merger and lot line adjustment policy of providing incentives be continued for another year with a review in six months. Motion carried unanimously. MINUTE ORDER NO. 89-67. 3. ADOPTION OF RESOLUTION APPROVING THE EXPANSION OF A PROGRAM FOR THE FURNISHING OF ASSISTANCE FOR AFFORDABLE HOUSING AND AUTHORIZING THE EXPENDITURE OF FUNDS OF THE LA QUINTA REDEVELOPMENT AGENCY PURSUANT TO SUCH PROGRAM. Mr. Kiedrowski advised that this resolution expands the subsidy to include gas payments and hook-ups fees in conjunction with Assessment District No. 89-2. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 8 June 20, 1989 RESOLUTION NO. 89-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING THE EXPANSION OF A PROGRAM FOR THE FURNISHING OF ASSISTANCE FOR AFFORDABLE HOUSING AND AUTHORIZING THE EXPENDITURE OF FUNDS OF THE LA QUINTA REDEVELOPMENT AGENCY PURSUANT TO SUCH PROGRAM. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Resolution No. 89-78 be adopted. Motion carried unanimously. 4 ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL COOPERATION AGREEMENT WITH THE LA QUINTA REDEVELOPMENT AGENCY RELATING TO PUBLIC IMPROVEMENTS. Mr. Kiedrowski advised that this cooperation agreement formalizes the repayment to the City for debt of the City incurred on behalf of the Redevelopment Agency. RESOLUTION NO. 89-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL COOPERATION AGREEMENT WITH THE LA QUINTA REDEVELOPMENT AGENCY RELATING TO PUBLIC IMPROVEMENTS. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Resolution No. 89-79 be adopted. Motion carried unanimously. 5. SELECTION OF APPROPRIATE DEDUCTIBLE ON SELF-INSURANCE RETENTION LEVEL FOR THE NEW LIABILITY PROGRAM OF THE COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY. Mr. Genovese advised that the following changes have been made in the CVJPIA Liability Program: 1. Change from Self-Insured Retentions below the $125,000 level to deductibles. 2. Eliminate the loan' program of the JPIA and retrospectively rate all losses of an Agency below the $125,000 or $250,000 self-insured retention and above the deductible selected. Mr. Genovese advised that the most notable change is the elimination of land use planning/regulation activities and employment related coverage. Both of these types of coverage are not available through the conventional insurance market and thus have been eliminated from coverage. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 9 June 20, 1989 He recommended the selection of a maximum deductible level of $10,000. The City's current deductible/SIR under the loan" program is $25,000. MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that City staff be authorized to proceed with the election of a $10,000 deductible level under the new JPIA Liability Program. Motion carried unanimously. MINUTE ORDER NO. 89-68. 6. ADOPTION OF RESOLUTION APPROVING A BUDGET FOR 1989/90 FISCAL YEAR. Mr. Genovese advised that the Council has received a copy of the proposed budget and a report outlining the changes that have been made pursuant to the Council's discussions of June 15th. Council Member Sniff felt that the proposed budget addresses the needs of La Quinta for continued progress commensurate with the rapidly growing, dynamic community with the necessity of fiscal restraint and responsibility. RESOLUTION NO. 89-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 1989/90. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Resolution No. 89-80 be adopted. Mayor Pena stated that he was pleased to present the 1989/90 budget to the citizens of the community commenting that it represents months of preparation by staff and indicates the direction that this Council will take during the next fiscal year. Motion carried unanimously. 7. SECOND READING OF ORDINANCES: ORDINANCE NO. 141 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. 89-044. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 10 June 20, 1989 It was moved by Council Member Sniff, seconded by Council Member Rushworth that Ordinance No. 141 be adopted on second reading. Passed by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bohnenberger ORDINANCE NO. 142 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-C42. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Ordinance No. 142 be adopted on second reading. Passed by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bohnenberger ORDINANCE NO. 143 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. 89-041 LANDMARK LAND COMPANY, INC. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Ordinance No. 143 be adopted on second reading. Passed by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bohnenberger CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF MAY 23, 1989. 3. REMOVED FROM THE AGENDA. 4. REPORT OF PLANNING COMMISSION ACTION PLOT PLAN 89-414 FOR EXTERIOR BUILDING MODIFICATION TO ACE HARDWARE LOCATED AT THE SOUTHWEST CORNER OF CALLE TAMPICO AND AVENIDA BERMUDAS. BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02 CITY COUNCIL MINUTES Page 11 June 20, 1989 MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that Consent Items 1 through 4 be approved as recommended with Item No. 1 being approved by RESOLUTION NO. 89-81. Motion carried unanimously. MINUTE ORDER NO. 89-69. COUNCIL COMMENT None PUBLIC COMMENT None There being no further business, the meeting was adjourned at 9:00 P.M. ctfully submitted, SAUNDRA L. JUHOLA, Administrative Services Director City of La Quinta, California BIB] 02-16-96-U01 02:26:56PM-U01 CCMIN-U02 06-U02 20-U02 1989-U02