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1988 04 19 CC Minutes LA QUINTA CITY COUNCIL MINUTES APRIL 19, 1988 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M., Mayor Hoyle presiding, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle ABSENT: None CONFIRMATION OF AGENDA PUBLIC COMMENT ANN YOUNG, P.O Box 1384, President of La Quinta Cove Association, addressed the Council and urged them to participate with the Cove Communities Commercial Vehicle Inspection Program. COMMENT BY COUNCIL MEMBERS Council Member Bohnenberger advised that he attended the last meeting of the La Quinta Cove Association Meeting in which there appeared to be a great deal of confusion regarding the improvements in the cove that are being proposed through an assessment district. He suggested that a special newsletter be sent clarifying the issues. Council concurred. Mayor Hoyle advised that he recently attended a Caled Conference on economic development in San Diego that was productive in that he learned that many cities are getting involved in assisting businesses in getting established in their community. BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 2 April 19, 1988 PUBLIC HEARINGS 1. PUBLIC HEARING ON CHANGE OF ZONE 87-029 APPLICATION BY MICHAEL SHOVLIN FOR AMENDMENT FROM GENERAL RESIDENTIAL R-3) TO SCENIC HIGHWAY COMMERCIAL CPS) ON APPROXIMATELY 9 ACRES ON THE NORTH SIDE OF HIGHWAY 111, JUST WEST OF POINT HAPPY. Mr. Crump, Planning Director, advised that the applicant, Michael Shovlin has requested a change of zone from R-3- to CPS on a 9 acre parcel which is a portion of a 6.2 acre site located on the north side of Highway ill about 700 West of Washington Street. The parcel is designated General Commercial in the General Plan and the surrounding land is zoned commercial. The Planning Commission has recommended approval of the zone change based on the findings set forth in the staff report. In answer to questions by Council, Mr. Crump advised that there are no development plans pending. This zone change will only affect the land and not the rock. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. MOTION It was moved by Council Member Pena, seconded by Council Member Cox that Ordinance No. 121 be taken up. Motion carried unanimously. MINUTE ORDER NO. 88-61. ORDINANCE NO. 121 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. 87-029 FROM R-3 TO C-P-S. It was moved by Council Member Pena, seconded by Council Member Sniff that full reading of Ordinance No. 121 be waived and same introduced. Motion carried by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 3 April 19, 1986 WRITTEN COMMUNICATIONS a. Letter from Mr. & Mrs. Steve Gaylord regarding frontage road along Highland Palms. Council Member Cox suggested that a letter be sent to the residents along Washington Street in the Highland Palms area to let them know what the City's plans are. Council concurred. b. Letter from Hanlin and Assoc. regarding Montero Estates. Mrs. Juhola advised that this letter was received too late to place on the agenda and will therefore be placed on the next agenda. DEPARTMENTAL REPORTS a. City Manager No Report b. Administrative Services Director Mrs. Juhola noted that the activity reports for the Senior Center will now be presented on a monthly basis. She also advised that the annual volunteer appreciation luncheon will be held at 12:30 P.M. on Tuesday, April 26th at the Senior Center and invited the council to attend and asked Mayor Hoyle to present a plague to the volunteer who has contributed the most number of hours. Mrs. Juhola advised that there are positions expiring on the Planning Commission and Community Services Commission and asked the Council if they wish these positions to be advertised. Council concurred on advertising and interviewing on June 21st. C. Community Safety Director Mr. Hirdler reported on Clean-Up Day advising that 200 tons were hauled. Council asked if this can be done three times a year rather than semi-annual and Mr. Hirdler believed that under the terms of the contract with Waste Management, it was agreed to as semi-annual. BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 4 April 19, 1968 Mr. Hirdler advised that the traffic accident pin map will be ready for the next meeting. d. Finance Director Mr. Harvey presented the revenue projections for the current year noting that sales tax revenue has increased. Over-all there is a substantial net increase in revenue this month over last month. e. Planning Director Mr. Crump noted that the Council has received the monthly activity reports for both the current and advance planning divisions and building division. f. Public Works Director Mr. Reynolds reported on the Cove Improvements advising that the design of the streets and drainage facilities are well underway. The Water District is proceeding with the design of the water and sewer system. He's working with the Gas Company to get a firm idea on what the assessments will be for the gas distribution system and their time schedule for producing plans and specifications. At the next meeting, he will be presenting a recommendation for an assessment engineer. The project is on schedule it appears that the protest hearing will be held September 13th. If it is not protested out, then he anticipated construction beginning the end of October. Construction will take between 6 to 9 months. BUSINESS SESSION 1. CONTINUED SECOND READING OF ORDINANCE NO. 113A CHANGE OF ZONE FROM R-l TO R-3 APPLICATION BY ANNA HASSELL. Mr. Brandt, City Attorney, reviewed the history of this issue advising that the property in question is shown on the General Plan as high density residential" B to 16 units per acre. The applicant requested a zone change to permit development of an apartment complex with a density of 14 units per acre. The request was initially reviewed favorably by the City it was passed on the first reading. Following that action, there was considerable concern expressed by the citizens regarding the correctness of the General Planning for this area i.e., infrastructure; ability of streets and highways to handle the additional traffic. The original general planning of this area to high density was based partially, on the assumption that there would be considerably more commercial development north of Highway 111 than now appears there's going to be at the present BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 5 April 19, 1986 time or in the foreseeable future. The general planning anticipated a density of 40,000 people; whereas, in plotting it out now, it shows that the City will be in excess of 100,000. Because of concern over the impact of this project, the City decided to continue the second reading of the ordinance in order to permit a study of the medium and high density throughout the City. At that point, the proponents brought an action in Superior Court to force the City to proceed to adopt the zoning application. The Court determined that the City has no discretion, that the zoning must be made to be consistent with the General Plan. In indicating that, the Court made is clear that it was not imposing on the City its' own determination of what specific density there should be. The City's General Plan shows 8 to 16 units per acre in the high density designation. The Court Only stated that it must be consistent, it did not state a specific density. Therefore, the City Council, may, appropriately, adopt a zoning that would meet the density of 8 to 16 and still be consistent with the Court. Staff is recommending a zoning of R-3-5445 which indicates a density of 8 dwelling units per acre. WALLY REYNOLDS, 79-660 Fiesta Drive, President of Westward Ho property Owners Association, stated that the association is opposed to the high density zone change as has been stated many times. DAVE ERWIN, 39-700 Bob Hope Drive, Rancho Mirage, Attorney representing the land owner in this matter addressed the Council and stated that he disagreed with the City Attorney. He asked the Court to require the City to pass Ordinance No. 113A as had been done on first reading R-l to 3. In addition, the City was requested to make no change in the General Plan on this particular property. By setting density in this ordinance, the city is effectively changing the General Plan, as the General Plan is the only thing that sets density. Therefore, this ordinance does not comply with the Court's Order. He continued, that the City's notice of September 1st reflected a public hearing for the purpose of taking testimony pro and con in changing the zone from R-l to R-3. It did not contain any density designation. If the proposed ordinance is passed, he suggested that it has no basis of support from the public hearing; it has not been noticed and is different from what noticed. The City is permitted to place limits within the zones, but it must go through the process a public hearing before the Planning Commission and a public hearing before the City Council. He suggested that this is being done without the benefit of that process. BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 6 April 19, 1988 Mayor Hoyle, at this time, read a statement with regard to a Closed Session held on April 18th, pursuant to the Brown Act, the City Council voted to appeal the decision of the Trial Court Judge in Indio Case 52783 9'La Quinta Dunes et al versus the City of La Quinta". In answer to questions by Council, Mr. Brandt advised that the Council may wish to carry this matter over pending the scheduling of a public hearing. He added that the Appeal the City is filing will stay the Court?s order automatically. However, he stated that it is defensibly arguable that because of the inclusionary zoning concept; there has already been a public hearing; the fact that we're now taking a less intense zone within it, we can, without the necessity of further public hearing, take a less intense zone. On the other hand, if the Council Wishes to proceed with an abundance of caution, it can be continued until such time as its set for a noticed public hearing. MOTION It was moved by Council Member Pena, seconded by Council Member Sniff that this matter be carried over for noticing a public hearing. Motion was withdrawn pending other public speakers. In answer to Council Member Bohnenberger, Mr. Brandt advised that he would research and let the Council know if it must be returned to the Planning Commission. MOTION It was moved by Council Member Pena, seconded by Council Member Sniff that this matter be carried over for noticing a public hearing. Motion carried unanimously. MINUTE ORDER NO. 88-62. 2. CONSIDERATION AND ADOPTION OF URGENCY MEASURE PROHIBITING LAND USES IN POSSIBLE CONFLICT WITH ZONING AND GENERAL PLAN STUDY CURRENTLY IN PROGRESS. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Pena to go into Closed Session to consult with the City Attorney on the issue of the pending litigation specifically La Quinta Dunes versus the City of La Quinta Indio Case 52783, pursuant to Government Code Section 54956.9. Motion carried unanimously. MINUTE ORDER NO. 88-63. Council adjourned to Closed Session at 8:30 P.M. and reconvened to regular session at 9:15 P.M.. MOTION It was moved by Council Member Cox, seconded by Council Member Bohnenberger that this matter be tabled. Motion carried unanimously. MINUTE ORDER NO. 88-64. BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 7 April 19, 1988 3. CONSIDERATION OF ADOPTION OF PERSONNEL RULES. Mr. Harvey, Finance Director, advised that soon after the City was incorporated, the Council adopted certain rules regarding the treatment and rights of the employees and management and set certain privileges for both. Over the course of the years, there have been several events that have affected employee and management rights. One of the biggest events, was the Fair Labor Standards Act, which the City is required to comply with. Therefore, staff has revised the rules and regulations incorporating the changes as well as other items, which the Council is being asked to adopt. RESOLUTION NO. 88-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING PERSONNEL SYSTEM RULES PURSUANT TO ORDINANCE NO. It was moved by Council Member Cox, seconded by Council Member Sniff that full reading of Resolution No. 88-29 be adopted. Council Member Bohnenberger question why pre-employment drug screening was omitted and Mr. Harvey believed that that should be a Council policy as it is a controversial issue. Council Member Bohnenberger believed that pre-employment drug screening has been found to be constitutional and felt that the City should give it consideration. Council Member Cox voiced her objection to drug screening as it is not accurate yet. Council concurred on asking the City Attorney to research this matter. otion carried unanimously. 4. CONSIDERATION OF INSTALLATION OF A STREET LIGHT AT AVENUE 52 AND WASHINGTON STREET. Mayor Hoyle stated that he has had many people ask about installing a street light at Avenue 52 and Washington Street. He felt that this is a dangerous intersection and that a light would help. BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 8 April 19, 1988 Council Member Sniff felt that the matter should be studied by the Technical Traffic Committee. He noted that street is going to be realigned some time in the future. He also saw a need for staff to establish a list of prioritized needs. In response to Council Member Pena, Mr. Reynolds advised that the only intersections that are lighted are those that are signalized. There is power available at that intersection. Council Member Pena agreed that there are intersections that need to be lighted, citing Tampico and Washington and suggested that this matter be taken up by the Technical Traffic Committee. MOTION It was moved by Mayor Hoyle that the intersection of Avenue 52 and Washington be lighted. Motion died for lack of a second. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF APRIL 5, 1988. 2. APPROVAL OF DEMAND REGISTER. 3. APPROVAL OF COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY JOINT POWERS AGREEMENT. 4. ADOPTION OF RESOLUTION SUPPORTING PROPOSITION 70 REGARDING THE WILDLIFE, COASTAL AND PARK LAND BOND ACT. MOTION It was moved by Council Member Pena, seconded by Council Member Sniff that Consent Items 1 4 be approved as recommended with Items 2 and 4 be approved by RESOLUTION NOS. 88-30 and 88-31. Motion carried unanimously. MINUTE ORDER NO. 88-65. COMMISSION/COMMITTEE REPORTS a. Receipt of Planning Commission Minutes of March 22, 1988. Noted and filed. b. Report of Palmer CableVision Advisory Committee. Council Member Pena abstained from this matter. Peter Zelles reported on a meeting held on April 7, 1988. He pointed out the highlights of that meeting advising that they have increased their week-end staff by 50%; stand-by power supplies will be installed to reduce service downtown during BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 9 April 19, 1988 power outages; FM stations KFAC and KKGO will be returned to their FM lineup as of April 15th. He added that they are working on a quarterly newsletter to all customers and he and Mrs. Juhola are working on placing an article in the next City newsletter. Ann Young advised that Palmer Cablevision did call her and Mr. Zelles to advise them of an outage recently. STUDY SESSION ITEMS 1. Report and Review of Fiscal Year 1988/89 Budget. a. Review of Revenue Projections. b. Review of Personnel Projections. C. Discussion of Allocation for Community Service Grant Awards. Mr. Kiedrowski handed the Council a revised personnel position classification and salary range assignment schedule which indicates the deletion of Associate Engineer and the addition of Engineering Supervisor with a change in salary range assignment. Council so noted. 2. Discussion of Convention and Visitors Bureau. No discussion. 3. Discussion Regarding Changing Council Meeting Dates with Planning Commission. No discussion. 4. Report and Review of General Plan Study Documents Regarding City-wide Analysis of Medium and High Density Residential. Mr. Kiedrowski noted that the Council has received a report from staff that included a time schedule for completion of the work. The next stage would require additional funds for additional traffic studies. MOTION It was moved by Council Member Cox, seconded by Council Member Sniff that staff be authorized to proceed with the work program and to allocate funds not to exceed?$l3,5OO for same. In answer to Mayor Hoyle, Mr. Kiedrowski advised that the monies are not budgeted it will have to come from unappropriated funds if there are not sufficient funds in the Planning Department budget. Motion carried with Mayor Hoyle voting NO. MINUTE ORDER NO. 88-66. BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02 City Council Minutes Page 10 April 19, 196B 5. Discussion of City?s Sphere of Influence. No discussion. At 9:50 P.M., it was moved by Council Member Pena, seconded by Council Member Sniff that the meeting be adjourned. Motion carried unanimously. Re?pectfu1ly submitted, /;?? SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-23-96-U01 11:00:52AM-U01 CCMIN-U02 04-U02 19-U02 1988-U02