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1989 08 01 CC Minutes LA QUINTA CITY COUNCIL MINUTES AUGUST 1, 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 Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: Council Member Bohnenberger MOTION It was moved by Council Members Sniff/Bosworth that Council Member Bohnenberger be excused. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Items 9, 11 and 12 on the Consent Calendar be made Business Session Items 10, 11 and 12. ANNOUNCEMENTS Mayor Pena announced that K-BEST Radio is celebrating their anniversary this evening at La Quinta Hotel. PUBLIC HEARINGS 1. PublIc Hearing on Lot Cleaning/weed Abatements and Placement of Cost on 1990/91 Tax Rolls: a. Labrot, Patricia APN 7?9-113-013 $125.00 b. Roselli, Thomas & Rose APN 773-314-004 $125.00 c. Roselli, Thomas & Rose APN 773-314-005 $125.00 Mr. Hirdler presented staff's report advising that the above costs, which are for removal of weeds and brush have not been paid. He added that the contractor's cost will be increasing from $100 to $120 per lot. To that, the City's administration costs are added. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-90 A RESOLUTION OF THE CITY COUNCIL OF 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 Members Sniff/ Bosworth that Resolution No. 89-90 be adopted. Motion carried unanimously. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 2 August 1, 1989 2. PUBLIC HEARING ON REPROGRAMMING YEAR 13 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Ted Bower, Principal Planner, presented staff's report advising that the City has been advised that precise requirements of purchasing the Civic Center Site were not followed. Therefore, CDBG funds cannot be used for the Senior Center site acquisition. He recommended that the Council adopt a resolution reprogramming the $120,000 for construction of the Senior Center. The Mayor declared the public hearing OPEN. ANN YOUNG, 77-526 Calle Nogales, asked where the senior center is going to be constructed and Mayor Pena advised that it will be on the Civic Center site. There being no one else wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPROGRAMMING COMMUNITY DEVELOPMENT BLOCK GRANT YEAR 13 FUNDS IN THE AMOUNT OF $120,000 TOWARD THE CONSTRUCTION OF THE SENIOR CENTER. It was moved by Council Members Sniff I Bosworth that Resolution No. 89-91 be adopted. Motion carried unanimously. WRITTEN COMMUNICATIONS- None BUSINESS SESSION 1. CONSIDERATION OF ACTIONS RELATIVE TO ASSESSMENT DISTRICT NO. 89-2 PHASE II COVE IMPROVEMENT PROJECT: a. Adoption of Resolution Determining Unpaid Assessments, the Manner of Payment Therefor, Listing the Bonds to be issued on the Security Therefor, Authorizing the Filing of an Addendum to the Notice of Assessment and Determining the Assessment of Administration costs. b. Adoption of Resolution Providing for the Issuance and Sale of Limited Obligation Improvement Bonds of Said City, in an Aggregate Principal Amount of $1,153,973.62 For Assessment District No. 89-2. Mr. Kiedrowski advised that the amount of unpaid assessments following the 30-day cash period is $1,153,973.62. He recommended that the Resolution presented be adopted. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 3 August 1, 1989 RESOLUTION NO. 89-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS, THE MANNER OF PAYMENT THEREFOR, AUTHORIZING THE FILING OF AN ADDENDUM TO THE NOTICE OF ASSESSMENT AND DETERMINING THE ASSESSMENT OF ADMINISTRATION COSTS. It was moved by Council Members Sniffi Bosworth that Resolution No. 89-92 be adopted. Motion carried by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSENT: Council Member Bohnenberger ABSTAIN: None RESOLUTION NO. 89-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED OBLIGATION IMPROVEMENT BONDS OF SAID CITY, IN AN AGGREGATE AMOUNT OF $1,153,973.62 FOR ASSESSMENT DISTRICT NO. 89-2. It was moved by Council Members Sniff I Bosworth that Resolution No. 89-93 be adopted. Motion carried by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSENT: Council Member Bohnenberger ABSTAIN: None 2. APPROVAL OF AGREEMENT WITH KICAK AND ASSOCIATES FOR ENGINEERING SERVICES FOR PHASE III COVE IMPROVEMENT PROJECT. Mr. Kiedrowski advised that staff is requesting approval of the agreement presented in order to begin engineering Phase III of the Cove Improvement Project which will probably take about six months. Staff doesn't anticipate beginning Phase III before July 1990. He added that staff is preparing boundaries for Phase VI which will take in roughly, the area of The Village. MOTION It was moved by Council Members Sniff/Bosworth that the agreement with Kicak and Associates for engineering services for Phase III Cove Improvement Project be approved. Motion carried unanimously. MINUTE ORDER NO. 89-82. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 4 August 1, 1989 3. APPEAL OF CHESTER DORN OF PLANNING COMMISSION DENIAL OF SIGN APPLICATION 89-088 FOR SIGN ON EXISTING BUILDING LOCATED AT THE SOUTHWEST CORNER OF CALLE TAMPICO AND AVENIDA BERMUDAS IN THE C-V-C ZONE COMMERCIAL VILLAGE CORE). Mr. Herman advised that Mr. Dorn has appealed the denial by the Planning Commission for the Ace Hardware" sign on the building at the southwest corner of Calle Tampico and Avenida Bermudas. The Planning Commission on a 3/2 Vote) asked that the sign be redesigned to conform to the Village Specific Plan criteria. In response to questions by Council, Mr. Herman advised that it is difficult to advise an applicant developing within The Village, the specific standards within the Specific Plan as they as somewhat general. It's up to the applicant to take the policies and try to design a sign in conformance and it's up to staff to review it for conformance. He added that the criteria was purposely left general, in order to allow the applicant some latitude in designing a sign. Council Member Rushworth commented that the applicant should have followed the procedure and should have known the difference between an application and a permit. However, since the sign is already up, he suggested that it be allowed to remain up until The Village is built and then have it removed. He felt that the obligation is with the sign company. Council Member Bosworth questioned if such action would set a precedent since there has been such an intensive study of signage in The Village. MOTION It was moved by Council Members Snif f/Rushworth that the appeal be granted and that the applicant be allowed to retain the sign for a period of two years at which time, it will have to come back before the City Council for a review if the applicant desires. CHESTER DORN, Applicant, read a portion of the criteria which states that directly illuminated signs shall be limited to individual letters", which is what he has and didn't understand why he would have to have a tile sign. He added that the sign company thought they had a permit. He added that he would accept the proposed motion. Mr. Herman advised that the policies in the General Plan, were taken to the Planning Commission for clarification. Mr. Kiedrowski reflected on the history and development of The Village Specific Plan advising that as The Village develops, there may be a need to review certain elements of it for possible modification. AUDREY OSTROWSKI, referred to other signs, such as a real estate sign and Vino Cafe on Calle Estado. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 5 August 1, 1989 JIM BROTHERTON, President of the Chamber of Commerce, commented on the marketing strategy and logos that are known nation-wide, advising that people identify with particular logos. Motion carried unanimously. MINUTE ORDER NO. 89-83. 4. ADOPTION OF URGENCY ORDINANCE RELATIVE TO RECYCLABLE MATERIALS. Mr. Hirdler, Community Safety Director, advised that since the advent of the City's recycling program, there has been scavenging of the recyclable materials. His Department is receiving 4-6 calls each Wednesday reporting scavenging. He presented the Council with a proposed ordinance similar to what has been adopted in other cities, prohibiting scavenging, the penalty for which is an infraction which carries a fine of $500. He recommended that it be adopted as an urgency measure to preserve the public peace. Council Member Sniff suggested that adoption of this ordinance be widely publicized and that offenders be given one warning before citing. MOTION It was moved by Council Members Snif f/Bosworth that Ordinance No. 145 be taken up by title and number only and that full reading be waived. Motion carried unanimously. ORDINANCE NO. 145 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 6.05, RECYCLE MATERIAL, TO THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Bosworth that Ordinance No. 145 be introduced on first reading. Motion carried by the following vote: AYES: Council Member Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSENT: Council Member Bohnenberger ABSTAIN: None MOTION It was moved by Council Members Snif f/Bosworth that Ordinance No. 145 take effect immediately as an urgency measure to preserve the public peace. Motion carried unanimously. MINUTE ORDER NO. 89-84. Mr. Kiedrowski advised that Ordinance No. 145 will be placed on the next agenda for second reading, even though it was adopted as an urgency measure to prevent any challenges to it. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page E August 1, 1989 5. APPROVAL OF AGREEMENT WITH LA QUINTA ARTS FOUNDATION. Mr. Kiedrowski advised that the agreement presented with the La Quinta Arts Foundation is similar to one approved last year, which calls for implementation and promotion of the Village Faire and the La Quinta Arts Festival with a monetary amount of $35,000. MOTION It was moved by Council Members Sniff/Bosworth that the agreement with the La Quinta Arts Foundation be approved as outlined. Motion carried unanimously. MINUTE ORDER NO. 89-85 6. APPROVAL OF AGREEMENT WITH LA QUINTA CHAMBER OF COMMERCE FOR LEASE OF PROPERTY AT 51-351 AVENIDA BERMUDAS. Mr. Kiedrowski advised that the agreement presented is for lease of the building next to the Post Office to the Chamber of Commerce for their offices. It will require some Planning processing which will be on the next Council agenda. MR. BROTHERTON, President of La Quinta Chamber of Commerce, advised that they are in agreement with the lease. They anticipate moving in around the first df October. MOTION It was moved by Council Members Snif f/Bosworth that the agreement with the La Quinta Chamber of Commerce be approved for the lease of the property at 51-351 Avenida Bermudas for $1.00 per month and that the Mayor be authorized to execute same on behalf of the City. Motion carried unanimously. MINUTE ORDER NO. 89-86. 7. APPROVAL OF BUDGET FOR LANDSCAPING AND LIGHTING DISTRICT. Mr. Kiedrowski advised that a copy of the proposed budget for the Landscape and Lighting District has been submitted to the Council showing how monies will be expended which were approved in the City-Wide District and also reprograms monies in the General Fund that were there prior to approval of the District and shows those funds being reprogrammed to three public works projects one on Sagebrush; Park Avenue and partially on Jefferson Street. MOTION It was moved by Council Members Sniff/Bosworth that the 1989/90 budget for the Landscaping and Lighting District, Fund 16 be approved and further that the General Funds currently budgeted in Fund 13 be transferred to Accounts for Sagebrush $25,000; Park Avenue $70,000; and Jefferson Street $23,151. Motion carried unanimously. MINUTE ORDER NO. 89-87. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 7 August 1, 1989 8. CONSIDERATION OF ADOPTION OF DESIGN REVIEW STANDARDS. Mr. Kiedrowski requested that this matter be carried over one month for discussion with the Planning Commission in joint meeting on September 5th. MOTION It was moved by Council Members Sniff/Bosworth that this matter of Design Review Standards be carried over to September 6th and be placed on the September 5th Study Session Agenda. Motion carried unanimously. MINUTE ORDER NO. 89-88. 9. SECOND READING OF ORDINANCE NO. 144. ORDINANCE NO. 144 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FOR THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 89-037. It was moved by Council Members Sniff/Bosworth that Ordinance No. 144 be adopted on second reading. Passed by the following vote: AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSENT: Council Member Bohnenberger ABSTAIN: None 10. APPROVAL OF SPECIAL ADVERTISING DEVICE FOR STARLIGHT DUNES SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND STARLIGHT LANE APPLICANT: RICK JOHNSON CONSTRUCTION. Mr. Herman advised that the applicant, Rick Johnson, is requesting approval to install 10 advertising flags along Fred Waring Drive and Starlight Lane. The Planning Commission recommended that the flags be required to be removed on or before August 1, 1990, unless extended by the Council; and that they be evenly spaced along the frontage. MOTION It was moved by Council Members Sniff/Bosworth that the application of Rick Johnson be approved for one year subject to conditions as outlined. Motion carried unanimously. MINUTE ORDER NO. 89-89. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 8 August 1, 1989 11. REPORT OF PLANNING COMMISSION ACTION ON VARIANCE 89-008 AND SIGN APPLICATION 89-086 FOR ILLUMINATED SUBDIVISION IDENTIFICATION SIGNS FOR CACTUS FLOWER LOCATED AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND DUNE PALMS ROAD APPLICANT: WILLIAMS DEVELOPMENT CORPORATION. Mr. Herman advised that the applicant, Williams Development Co., has requested a variance for three illuminated identification signs for Cactus Flower residential project, which is located at the southeast of the corner of Fred Waring Drive and Dune Palms Road. The Planning Commission considered the matter and recommended approval on a 3/0/1 vote with conditions as follows: 1. That a maximum of 2 signs be allowed as follows: a. One sign at the side of Dune Palms Road entrance to Tentative Tract No. 22982 at Blazing Star Trail maximum 32 sq. ft.) b. One sign on the corner of Fred Waring Drive and Dune Palms Road. 2. All signs shall be wall mounted and illuminated as approved. 3. A sign permit is necessary from the Building Division prior to installation of signs. 4. Exact sign material and color samples shall be approved by the Planning and Development Department prior to construction of signs. Council questioned who will be paying for maintenance of the signs. CECELIA KING, 42-600 Cook St., representing Williams Development Co. advised that as far as the electricity is concerned, there is lighting in the perimeter landscaping. Mayor Pena asked if the maintenance of this sign can be included in the Landscape and Lighting District and Mr. Kiedrowski advised that it could be included in future assessments to the area. If it is to the benefit of the area and is in the landscaped area, he didn't see why it couldnt be. MS. HONEYWELL, City Attorney, saw no problem with including it in the District, however, the Council should consider the precedent. In answer to further questions, Mrs. King advised that all prospective homeowners are being advised of the possible additional assessment. Ms. King advised that the sign will cost between $12,000-$13,000 and added that the developer will agree to pay for all maintenance for the first 18 months, until it can be placed into the Landscape & Lighting District and to see how well it works out. She pointed out that the main entrance will be on Dune Palms Road the Fred Waring Drive entrance is only temporary, which is one of the reasons they need the sign. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 9 August 1, 1989 MOTION It was moved by Council Members Snif f/Bosworth that Sign Application 89-086 and Variance 89-008 be approved with the provision that the applicant maintain the signs for 18 months at which time, the signs will be subject to review and that the Environmental Assessment be approved. Motion carried unanimously. MINUTE ORDER NO.. 89-90. 12. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89-417 APPROVAL OF COMMERCIAL COMPLEX CONSISTING OF 10,250 SQ. FT. RESTAURANT AND 10,000 SQ. FT. OFFICE BUILDING IN THE CPS ZONE, LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FT. WEST OF WASHINGTON STREET APPLICANT: TS RESTAURANTS. Mr. Herman, Planning Director, advised that Plot Plan 89-417 is an application for a commercial complex consisting of a 10,250 sq. ft., two-story restaurant and a separate 10,000 sq. ft. two-story office building in a C-P-S Zone on the north side of Highway 111 about 1,200' west of Washington Street. He proceeded to present illustrations and exhibits. BILL PARSONS, Vice President of TS Restaurants advised that a unique feature of the project is a waterfall/pond constructed into the side of the mountain, which he understands is a concern of the Council, as well as the traffic. They anticipate that it will start as a trickle at the top and increase its' flow as it comes down towards the building. They plan a desert landscaping. He added that his company looks for unique locations and do unique designs that fit the area. Regarding traffic, they have had conversations with Caltrans and they hope to get a U-2 Turn at Washington Street and hope to have a left turn lane coming into the parking lot. They didn't seem to have any major problems with it. Council Member Rushworth asked if they would be willing to install a traffic light there and Mr. Parson stated that they would prefer not to, but would if it was a condition. Council Member Bosworth was concerned about the waterfall and defacing the mountainsides. Mr. Parsons advised that the waterfall is essential to the feeling" of the restaurant. They are going to trying not to remove any rocks from the mountain. Mr. Kiedrowski suggested that the Council could grant the approval, but that final design for the waterfall would have to come back to the Council and that there may be a possibility of eliminating or reducing the waterfall. Mayor Pena was leaning towards eliminating the waterfall and wished to see the traffic matter reviewed by the City's Technical Traffic Committee. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 10 August 1, 1989 Council Member Sniff was not in favor of a water fall, noting that it isn't consistent with the desert environment. Additionally, this is a dangerous area and the City has to consider that matter. He also wished to see this matter reviewed by the Traffic Committee. Council Member Rushworth suggested that it be approved in concept and send it back to the Planning Commission with it coming back to the Council with/without the waterfall. MOTION It was moved by Council Members Sniff/Bosworth that Plot Plan 89-417 be referred to the Technical Traffic Committee and to the Planning Commission wit the Councils concerns with a report back to the Council on September 6th. Motion carried unanimously. MINUTE ORDER NO. 89-91. 1. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF JUNE 20, 22, and JULY 5, 1989. 3. APPROVAL OF AGREEMENT FOR LEASE OF OFFICE SPACES LOCATED AT 78-105 CALLE ESTADO FOR CITY HALL FACILITY. 4. ACCEPTANCE OF DEED FOR STREET RIGHT OF WAY GENERAL TELEPHONE CO. 5. APPROVAL OF AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT FOR WORK IN PHASE II COVE IMPROVEMENT PROJECT. 6. APPROVAL OF AGREEMENT FOR INVESTMENT SERVICES FOR 1915 ACT IMPROVEMENT BOND ISSUE PROCEEDS OF ASSESSMENT DISTRICT NO. 89-2 SANITARY SEWER OF PHASE II COVE IMPROVEMENT PROJECT. 7. ACCEPTANCE OF DEED FROM COACHELLA VALLEY WATER DISTRICT FOR WELL SITE NORTHEAST OF FRITZ BURNS PARK. 8. AUTHORIZATION TO CALL FOR BIDS FOR MAINTENANCE OF MEDIANS ON AVENUE 54 AND MADISON. 9. UNDER BUSINESS SESSION NO. 10. 10. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 85-203 SUNRISE COMPANY APPROVAL OF NEW UNIT TYPES, SALES FACILITY EXPANSION, AND A TIME EXTENSION FOR THE SALES FACILITY LOCATED WITHIN PGA WEST PROJECT. 11. UNDER BUSINESS SESSION NO. 11. 12. UNDER BUSINESS SESSION NO. 12. 13. APPROVAL OF AGREEMENT WITH CHARMIAN IWEN FOR ACCOUNTING SERVICES. BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02 City Council Minutes Page 11 August 1, 1989 14. DENIAL OF CLAIM OF GEORGE MIERS AND ASSOCIATES. 15. DENIAL OF CLAIM OF GILBERT AND DIANE OLSON. MOTION It was moved by Council Members Sniff/Bosworth that Consent Items 1 8 and 10, 13, 14, & 15 be approved as recommended with Items No. 1 being approved by RESOLUTION NO. 89-94. Motion carried unanimously. MINUTE ORDER NO. 89-92. COUNCIL COMMENT- None PUBLIC COMMENT- None Council adjourned to closed session pursuant to Government Co e Sections 54956.9 and 54957 to discuss litigation; personnel and land acquisitions in particular: a. Personnel Matters. b. Litigation George Miers and Associates City of Indio/Indio Case No. 57496 Wayne Weber/John Maselter Indio Case No. 56867 c. Land Acquisition. Council reconvened with no action being taken. There being no further business, the meeting was adjourned at 9:00 P.M. upon motion by Council Members Sniff/Bosworth and carried unanimously. Re?pectfully submitted, SAUNDRA L. JUHOLk; City Clerk City of La Quinta, California BIB] 02-16-96-U01 02:35:29PM-U01 CCMIN-U02 08-U02 01-U02 1989-U02