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1989 12 05 CC Minutes l LA QUINTA CITY COUNCIL MINUTES DECEMBER 5, 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, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA PRESENTATION OF LA QUINTA BEAUTIFUL AWARDS FOR NOVEMBER Mayor Pena presented the following La Quinta Beautiful Awards for November: MOST BEAUTIFUL: Mr. & Mrs. Manuel Abarca, 50-735 Calle Quinto MOST IMPROVED: Mr. & Mrs. Ted Garcia, 53-025 Avenida Vallejo HONORABLE MENTION: Mr. & Mrs. George Snyder, 53-245 Avenida Velasco ANNOUNCEMENTS None COUNCIL REORGANIZATION Election of Mayor Pro Tern The Mayor declared nominations open for Mayor Pro Tern. Council Members Rushworth/Bcsworth nominated Council Member Bohnenberger as Mayor Pro Tern. There being no further nominations, the Mayor declared nominations closed and entertained a motion for a unanimous ballot to be cast for Council Member Bohnenberger as Mayor Pro Tern. It was so moved by Council Member Sniff and carried unanimously. CVAG COMMITTEES EXECUTIVE COMMITTEE Member: Mayor Pena Alternate: Councilman Bohnenberger ENERGY & ENVIRONMENT COMMITTEE Member: Councilman Sniff Alternate: Councilman Bohnenberger HOUSING COMMITTEE Member: Councilman Rushworth Alternate: Jerry Herman BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 2 December 5, 1989 PUBLIC SAFETY Member: Mayor Pena Alternate: Roger Hirdler EARTHQUAKE & DISASTER PREPAREDNESS SUB-COMMITTEE Member: Councilman Bohnenberger Alternate: Roger Hirdler TRANSPORTATION Member: Councilman Bohnenberger Alternate: Councilwoman Bcsworth FRINGE TOED LIZARD PRESERVE TRAILS SUBCOMMITTEE Member: Councilwoman Bosworth Alternate: Planner MOTION It was moved by Councilmembers Bosworth/Rushworth that the CVAG Committee appointments as hereinabove delineated be approved. Motion carried unanimously. MINUTE ORDER NO. 89-l3?. PALMER CABLEVISION ADVISORY COMMITTEE Council concurred on having staff contact Palmer Cablevision as to the status of this committee prior to taking action, in light of the fact that the company is up for sale. MOTION It was moved by Council Members Bohnenberger/Bosworth that the appointees to the Library Advisory Board and C. V. Mosquito Abatement District remain as is. Motion carried unanimously. MINUTE ORDER NO. 89-137. PUBLIC HEARINGS 1. PUBLIC HEARING ON CHANGE OF ZONE 89-049 FROM R-l-12,000 TO R-1 AND TENTATIVE TRACT 25154 TO SUBDIVIDE 27.45 ACRES INTO 98 SINGLE FAMILY LOTS LOCATED AT THE NORTHEAST CORNER OF THE SAGEBRUSH DRIVE AND DATE PALM DRIVE INTERSECTION. APPLICANT: VALLEY LAND DEVELOPMENT. Mr. Herman advised that the proposal is to create 98 single family lots on 27.45 acres located at the terminus of the northeast corner of Sagebrush and Date Palm Drive and to re?one the property from R-1-12,000 to R-1. The tract proposes a public street system. The Planning Commission has reviewed the tract map and change of zone and recommends approval with conditions and adoption of a negative declaration. In answer to questions by Mayor Pena, Mr. Herman advised that the heights will be similar to those in Parc La Quinta. TOM THORNBURG, P.O. Box 750, La Quinta, Applicant, advised that they plan to develop the lots and sell to builders. Most of the lots have 80' frontages and will probably sell for between $40,000 and $50,000. BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 3 December 5, 1989 The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. MOTION It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 159 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 159 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 89-049 NORTH STAR CALIFORNIA CORPORATION. It was moved by Council Members Snif flBohnenberger that Ordinance No. 159 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None RESOLUTION NO. 89-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCURRING WITH THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF TENTATIVE TRACT 25154 TO ALLOW THE CREATION OF A 98-LOT RESIDENTIAL SUBDIVISION ON A 27.45 ACRE SITE CASE NO. TT 25154 NORTH STAR CALIFORNIA CORPORATION. It was moved by Council Members Bohnenbergerlsniff that Resolution No. 89-133 be adopted. Motion carried unanimously. 2. PUBLIC HEARING ON TENTATIVE TRACT 25125 TO SUBDIVIDE 32+ACRES INTO 117 SINGLE FAMILY LOTS IN THE R-1 ZONE LOCATED AT THE SOUTHWEST INTERSECTION OF DUNE PALMS ROAD & WESTWARD HO DRIVE APPLI CATION: STROTHER ENTERPRISES. Mr. Herman advised that the proposal is to create 117 single family lots on 32 acres located southwest of the corner of Dune Palms Road and Westward Ho Drive. The property is currently zoned R-1 and designated Low Density Residential in the General Plan. He noted that this is one of the sites Desert Sands School District is looking at for development of a high school. The tract will have a public street system. There will be no stormwater retention basins, as all drainage will flow to the stormwater channel. The Planning Commission has reviewed the tract map and recommends approval with conditions. BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 4 December 5, 1989 Gary Pike, 275 No. El Cielo, representing the applicant, advised that they are in agreement with all the recommended conditions. David Larson, 46-421 Madison, Indic, Partner advised that they intend to build out one and two story units. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. Mr. Kiedrowski noted that the School District is looking at this and one other site. Approving a tract map will not preclude their purchase of this site. He also noted that this site is subject of a current law suit and that has been discussed with legal counsel and they see no problem in going forward with this map. RESOLUTION NO. 89-134 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 MAP 25125 TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION ON A 32+ ACRE SITE CASE Na. TT 25125 STROTHER ENTERPRISES. MOTION It was moved by Council Members Snif f/Bosworth that Resolution No. 89-134 be adopted. Motion carried unanimously. 3. PUBLIC HEARING ON LOT CLEANING/WEED ABATEMENT ASSESSMENTS AND PLACEMENT OF COSTS ON 1990/91 TAX ROLLS. a. Charles & Edna Dovica APN 769-115-008 $150.00 b. Charles & Edna Dovica APN 769-115-007 $150.00 c. Charles & Edna Dovica APN 769-115-020 $150.00 d. John Hart & Wm. & Barbara Wilkinson APN 773-325-004 $150.00 e. Patricia Labrot APN 769-113-006 $337.50 f. Richard, William, Thomas and R. E. Stellar APN 769-114-013 $150.00 Mr. Hirdler advised that all of the subject lots have been cleaned and the property owners have been billed. The only ones who have paid are the three parcels owned by Charles and Edna Dovica. He recommended that they be removed from the resolution and that the remainder be placed on the 1990/91 tax rolls. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCES. BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 5 December 5, 1989 It was moved by Council Members Sniff/Bohnenberger that Resolution No. 89-135 be adopted as amended. Motion carried unanimously. WRITTEN COMMUNICATIONS- None BUSINESS SESSION 1. CONSIDERATION OF LANDSCAPE CONCEPT FOR THE PYRAMIDS PROJECT SPECIFIC PLAN 84-004) LOCATED ON AREA SOUTH OF AVENUE 48 BETWEEN WASHINGTON AND JEFFERSON STREETS APPLICANT: NORTH STAR CALIF. CORP Mr. Herman advised that the Planning Commission has approved the Master Landscape Plan for The Pyramids subject to six modifications. These generally dealt with public street medians, views into the project, perimeter fence setbacks, fence heights and hardscape improvements and perimeter landscape treatment. Additionally, they deleted Oleanders from the approved shrub list for the project due to its general over use and poisonous/allergic characteristics. The Applicant has submitted a letter asking that the City Council allow limited use of I' Oleanders in selected situations'. ERIK JOHNSON, 74-220 Angles Camp Road., Palm Desert, Landscape Architect, addressed the Council on the issue of the use of oleanders. He stated that they have been around for a long time and there are different varieties that perform different functions. The dwarf is a tremendous factor in Coachella Valley landscaping whereas the tall ones are used more as wind breaks. MYRA OBAGGE, 49-010 Marimba Dr., expressed concern over the berm in back of the walls along Parc La Quinta. They have put in Eucalyptus Trees which are dropping leaves and they are now putting in stakes for the fence. She questioned the status of this project. Mr. Herman advised that a preliminary grading plan has been submitted and the Engineering Department is reviewing the stability of the berm as it relates to protection of the wall at Parc La Quinta so that the integrity of that wall will not be hampered. Council Member Bohnenberger, stated in clarification, that the action before the Council at this time does not affect the berm and Mr. Herman advised that was correct. PETER MURRAY, 49-005 Crimara, asked if the berm was approved in the engineering plans and were the eucalyptus trees approved by the Council and asked if the fence being put up on the berm, is a part of the landscaping plan. BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 6 December 5, 1989 BILL ROCKER, 49-035 Serenata Ct. questioned why The Pyramids are being allowed to put in a fence and landscaping on a berm that hasn't yet been approved by the City. Mr. Kiedrowski advised that a rough grading plan has been approved the final grading plan is being reviewed by Engineering and a hydrology study is being done. He noted that there are a variety of fence heights throughout the City and that the use of berms with walls are used around many golf courses. NOTION It was moved by Council Members Sniff/Rushworth that the Master Landscape Plan and Design Guidelines for The Pyramids be approved as recommended excepting that oleanders be allowed limited and restricted use and further that the landscape treatments adjacent to other projects must be detailed, reviewed and approved by the City prior to their installation. Motion carried unanimously. MINUTE ORDER NO. 89-138. 2. CONSIDERATION OF AMENDMENT TO CHAPTER 11.72 OF THE MUNICIPAL CODE REGARDING PUBLIC NUISANCES. Mr. Hirdler presented staff report advising that the current code dealing with nuisances was adopted many years ago and is too broad and not specific enough. He presented a draft ordinance revising Chapter 11.72 of the City Code? which he recommended be adopted. Mayor Pena referred to Item N" and questioned how that will be determined and Ms. Honeywell advised that the language gives the City a lot of leeway. Staff will determine if a situation is a problem and the City Council would make the ultimate determination on appeals. Her firm researched this matter to see what is going on throughout California, and this ordinance and its language is not out of line with California Law. Council Member Sniff felt that the ordinance is extremely vague and subjective. He questioned who is qualified to determine harmony". Discussion ensued with Mr. Kiedrowski stating that staff would interpret that section to mean when a situation exists that substantially prevents an adjacent property owner from enjoying and using his property because of rubbish or fire hazard and substantial would be interpreted to mean between 40%-60%. Council Member Rushworth did not feel we could be too definitive this gives the Code Enforcement Officers some teeth in enforcing the codes. Council Member Bohnenberger felt that the proposed ordinance will help the City in continuing to go in the direction it started several years ago and provides some good guidelines to go with in the future. BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 7 December 5, 1989 Mayor Pena concurred, adding that he has seen some examples of situations where staff's hands were tied and this should eliminate that. He suggested that the appeals be heard by the Planning Commission and sent to the City Council only on appeal of their decision. Council concurred. Ms. Honeywell proposed the appropriate language to include that change. MOTION It was moved by Council Members Snif f/Bohnenberger that Ordinance No. 160 as amended be taken up by title and number only and further reading be waived. Motion carried unanimously. ORDINANCE NO. 160 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 11.72, PUBLIC NUISANCES, OF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Rushworth that Ordinance No. 160 be introduced on first reading. Motion carried by the following vote: AYES: Council Member Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 3. DISCUSSION OF RIVERSIDE COUNTY'S INCREASE IN GATE FEES AT DUMP SITES. Mr. Kiedrowski advised that the City has received correspondence from the County advising of an increase in Waste Disposal Gate Fees effective January 1, 1990. Included in this increase is a fee for recycling/waste reduction, for which he believed the City should be entitled to a rebate, in light of the fact that the City has entered into a recycling program. He felt similar about the Code Enforcement Task Force fee and Abandoned Vehicles Task Force fee as these services are not provided within our City. He also guestioned the justification for charging our residents a fee for the El Sobrante Development Fund which is a landfill on the western end of the County. Mr. Kiedrowski suggested that we correspond with the County to negotiate a reimbursement of some of these fees. Council Member Bohnenberger agreed and suggested that we try to get free Sunday dumping reinstated. He also suggested that we could try to get some of these things accomplished through CVAG, adding that if we aren't getting the service, we should not have to pay for it. BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 8 December 5, 1989 MOTION It was moved by Council Members Sniff/Bohnenberger that a letter be prepared for the Mayor's signature to Riverside County requesting a rebate on all gate fee charges in relation to the recycling/waste reduction fees and all other items for services not being performed in La Quinta. Motion carried unanimously. MINUTE ORDER NO. 89-139. 4. CONSIDERATION OF LEASE FOR SENIOR CENTER FACILITY AT PLAZA LA QUINTA. Mr. Kiedrowski advised that Downey Savings and Loan has offered the City a 24 month lease with a six month option for the facility now being used for the Senior Center at a rate of $1,200 per month. MOTION It was moved by Council Members Snif f/Bohnenberger that the City Manager to authorized to execute a 24-month lease with a six month option at $1,200 per month and that $7,200 be transferred from the Contingency Fund 440-100-000 to Community Services 4192-116-000. Motion carried unanimously. MINUTE ORDER NO. 89-140. 5. SECOND READING OF ORDINANCES. ORDINANCE NO. 157 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8 OF THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.12 EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS". It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 157 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. 158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 9.183.040(D) DESIGN REVIEW BOARD OF TITLE 9 OF THE MUNICIPAL CODE. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 158 be adopted on second reading. Motion carried by the following vote: BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 9 December 5, 1989 AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF NOVEMBER 21, 1989. 3. APPROVAL OF MODIFICATIONS TO THE RIVERSIDE COUNTY SOLID WASTE MANAGEMENT PLAN. 4. APPROVAL OF PURCHASE OF RECOGNITION TILE PLAQUES FROM RECOGNITION INC. AND TRANSFER OF FUNDS FROM CONTINGENCY FUND. MOTION It was moved by Council Members Snif f/Rushworth that Consent Items 1 4 be approved as recommended with Item No. 1 being approved by RESOLUTION NO. 89-136. Motion carried unanimously. MINUTE ORDER NO. 89-141. COUNCIL COMMENT COUNCIL MEMBER SNIFF presented a list of projects he would like to see the City accomplish by the end of 1990: 1. City-sponsored day-care facility possibly to be located on the northeast portion of the Avenue 50 park. 2. Provide property adjacent to the school, generally south of Park Avenue to the La Quinta Boys and Girls Club on a 25 year lease with an option for additional 25 years for $1.00 per year. 3. widening of Washington Street to four lanes northerly to Highway 111 and design and develop an acceptable solution to the access on each side of Vons Shopping Center. 4. Prompt design of Fritz Burns Park as a major tennis and swim facility. 5. Prompt completion of the proto-type mini-park and selection and purchase of three additional sites strategically located in the Cove. 6. Location and design and construction of a significant park facility northerly of Highway 111. 7. Completion of design and beginning of construction of Civic Center and Senior Center. 8. Prompt and bold meoves to facilitate a viable Village downtown area to serve the needs of the residents and to attract visitors. Council Member Sniff urged that these items be discussed at an early date to hopefully move forward with implementation of these projects. BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02 lCity Council Minutes Page 10 December 5, 1989 COUNCIL MEMBER BOHNENBERGER noted that the City Manager has been talking about a weekend retreat and that many of these items are already on the list for that retreat and he was sure the other Council Members have items to add also. MAYOR PENA commented that many of these things are currently being worked on and that we are planning for a retreat sometime in February to coincide with mid-year budget review. Council Member Sniff felt that the facilities for the Boys and Girls Club and Day Care should move forward with some dispatch. PUBLIC COMMENT STEVE REIN, 52-952 Avenida abregon, advised that more than a year ago, Ann Young wrote a letter regarding fence regulations and to date, this has not been acted upon. He understood that it was supposed to have been agendized in November. Mr. Kiedrowski noted that the Council referred it to the Planning Commission and he would check the status of it. Council adjourned to closed session at 9:03 P.M. pursuant to Government Code Sections 5495?.9 c) to discuss litigation in particular: City of Indio/Indio Case No. 57496 and to discuss personnel pursuant to Government Code Section 54957. There being no further business, the meeting was adjourned at 9:03 P.M. Re?pectfully submitted, SAUNDRA L. JU?OLA, City Clerk City of La Quinta, California BIB] 02-17-96-U01 02:50:23PM-U01 CCMIN-U02 12-U02 05-U02 1989-U02