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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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