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1987 02 03 CC Minutes! 43 MINUTES A regular meeting of the La Quinta City Council held at City Hall, 76-105 Calle Estado, La Quinta, California Febr?ary 3, 19B7 7:30 p.m. 1. CALL TO ORDER Mayor Hoyle called the La Quinta City Council meeting to order at 7:30 p.m. Cr) The Mayor invited Councilmember Pena to lead the Flag Salute. 2. ROLL CALL m Present: Councilmembers Bohnenberger, Pena, Sniff, and Mayor Hoyle. Moved by Councilmember Bohnenberger, seconded by Councilmember Pena, to excuse Councilmember Cox. Unanimously adopted. Also Present: City Manager Kiedrowski, Finance Director Harvey, Admin. Svcs. Director Jennings, Secretary Nazzaro. 3. CONFIRMATION OF AGENDA. Confirmed. 4. PUBLIC COMMENT. Mr. Gene Dyer, P.O. Box 1484, La Quinta, expressed concern regarding a nuisance in his neighborhood, in particular interference caused by signals being received from equipment on his neighbor's property, and questioned whether the City has a code in effect pertaining to a this type of nuisance. City Attorney Longtin advised that City determination regarding certain conditions of property are included in Chapter 11 of the municipal code, however, determination of whether the condition is a public or private nuisance would need to be made and that if the disturbance did not affect the neighborhood generally or a large segment of the public), but only between neighbors, it might be a private, not a public, nuisance. He invited Mr. Dyer to visit the City the next day where he would be happy to discuss Mr. Dyer's situation with him. 5. COMMENT BY COUNCIL MEMBERS. A. Councilmember Sniff commented that he had conversed briefly with Mr. Jacque Abels, Park & Recreation District, who related to him that work on the City basketball court at the park has been completed, and that work on the steps to the Gazebo is underway. BIB] 02-25-96-U01 12:55:51PM-U01 CCMIN-U02 02-U02 03-U02 1987-U02 !Minutes City Council February 3, 1987 Page Two B. Councilmember Pena remarked on the sudden appearance of Air Force/Navy jets flying very low over the City, and that perhaps a letter of request for notification of further exercises" might be sent. C. Mayor Hoyle added to Councilmember Sniff's comment, 5. B. above, that when the gazebo steps are completed a thank you letter should be prepared for Mr. Vernon Lee of San Pedro for his work and expertise. 6. PUBLIC HEARINGS. A. Public Hearing Extension of Urgency Ordinance. APPLICANT: City Initiated. LOCATION: City-Wide. PROJECT: Changing Approval Procedure for Commercial Development Projects. lanning Director Crump explained that th? urgency ordinance establishing Planning Commission review of commercial development projects was originally established in February, 1986, and subsequently extended until February 17, 1987.Ordinance No. 104 would grant the maximum one-year extension allowed by Government Code Section 65858, and was necessary in order to permit staff to continue working on a new zoning ordinance to implement the recently adopted General Plan. Moved by Councilmember Bohnenberger, seconded by Councilmember Sniff, to read Ordinance No. 104 by title only, waive further reading, and adopt the ordinance. The ordinance was then read by title only and adopted on the following roll call vote: AYES: Councilmembers Bohnenberger, Pena, Sniff, and Mayor Hoyle. NOES: None. ABSENT: Councilmember Cox. Mayor Hoyle welcomed the attendance of Mr. Tom Thornburgh, Director? Planning Commission, at the Council meeting, noting for the record that hereafter there will be a representative of the Planning Commission at each Council meeting, and a representative of the Council at each Planning Commission meeting, in an effort to better serve citizens in being better informed regarding the progress and growth in La Quinta. BIB] 02-25-96-U01 12:55:51PM-U01 CCMIN-U02 02-U02 03-U02 1987-U02 ! 319 Minutes City Council February 3, 1987 Page Three A. CityManager Kiedrowski reported he was in receipt of a written communication relating to the La Quinta Arts Foundation and requested that it be discussed under item 8.A., Business Session, which also relates to the La Quinta Arts Foundation. 8. BUSINESS SESSION Cr) A. Report of Planning Commission action Plot Plan No. 87-375, Request to construct a 1390 sq. ft. addition to an existing building, La Quinta Arts Foundation, Applicant. Planning Director Crump explained the request to construct a 1390 sq.ft. addition to the vacated GTE telephone building on La Fonda was considered by the Planning Commission and approved subject to conditions. He stated that subsequently these reports would be listed as reports of action under the Consent Calendar of the Agenda for Council meetings for acceptance of the report in accordance with the approval of commission review of plot plans for commercial developments Ordinance No. 104, above). City Manager Kiedrowski stated that his written communication from the La Quinta Arts Foundation requested that the plot plan check and building permit fees relative to their request to renovate the former GTE building on La Fonda be waived. He added that this would be a separate action and should be discussed after that decision had been made. Moved by Councilmember Bohnenberger, seconded by Councilmember Pena, to approve Plot Plan 87-375. Unanimously adopted. City Manager Kiedrowski reported on the La Quinta Arts Foundation request signed by its Director, Lois Agnew, who requested the City to waive the plot plan check and building permit fees totaling $680.56 which would apply to the project Plot Plan 87-375). He explained that although some cities have a process which would allow such waivers, he was unable to locate any method for the City of La Quinta, and expressed discomfort in setting a precedent for waiving fees'? for a general category of non-profit organizations. BIB] 02-25-96-U01 12:55:51PM-U01 CCMIN-U02 02-U02 03-U02 1987-U02 !320 Minutes City Council February 3, 1987 Page Four He suggested to Council that since the City has no procedure to waive fees, and in the interest of not setting precedents, that perhaps their grant could be increased in the amount of $680.56 to accommodate this unique situation, to be handled as an internal bookkeeping matter, or to deny the request due to the lack of a procedure for this type of request. Mayor Hoyle asked the City Attorney what would be the legal aspect regarding a decision at this time regarding a request which was not specifically recorded on the agenda. City Attorney Longtin advised that the request to approve the plot plan was coincident to the request to waive the fees thereto. Moved by Councilmember Bohnenberger, seconded by Councilmember Pena, to treat the request as a unique situation and to increase the grant to the La Quinta Arts Foundation in the amount of $680.56, to be handled as an internal bookkeeping matter. Motion was disapproved by the following roll call vote: AYES: Councilmembers Bohnenberger, Pena NOES: Councilmember Sniff and Mayor Hoyle. ABSENT: Councilmember Cox. B. Study Session items decisions may be made on items from yesterday?s study session, which are: 1) Progress Report La Quinta Historical Society. City Manager Kiedrowski reported that as discussed at the previous evening?s study session, the staff was not prepared and no further information provided is provided at this time: 1) Progress Report La Quinta Historical Society. The Historical Society to receive a letter of response to their proposal. 2) Request for funding: Desert Aids Project. The Desert Aids project will be continued to possibly the next regularly scheduled Council meeting. BIB] 02-25-96-U01 12:55:51PM-U01 CCMIN-U02 02-U02 03-U02 1987-U02 ! 31? Minutes City Council February 3, 1987 Page Five 3) Resolution No. 87-6 Council Rules of Procedure. A new revision as noted by the City Attorney will be provided.. The Desert Aids Project made a request of the City of La Quinta and other cities of the valley for a contribution of $5,000.00 each to their project. At the end of the study session CM asked to notify the CVAG of their request, and that possibly a discussion could be provided in a broader form rather than city by city and see m if other sources of funding is available. 9. COMMISSION AND COMMITTEES. Planning Commission Minutes of 01-26-87 accepted. 10. CONSENT CALENDAR Moved by Councilmember Bohnenberger, seconded by Councilmember Pena, to adopt the Consent Calendar. Unanimously adopted. A. Approval of Minutes/City Council of January 20, 1967. B. RESOLUTION NO. 87-7. APPROVING DEMANDS. C. RESOLUTION NO. 87-8. APPROPRIATING CERTAIN SURPLUS FUNDS OF THE CITY?S GENERAL FUND. D. Approval of Agreement for Future Installation of Street Improvements and Right-of-Entry and Construction Easement, Cunard?s Restaurant, Inc. E. Acceptance of Grant Deed for future park site Lot H, Parcel Map 204E9, The Grove). Motion passed by Roll Call Vote: AYES: Councilmembers Bohnenberger, Pena, Sniff, and Mayor Hoyle. NOES: None. ABSENT: Councilmember Cox. 11. REPORT OF OFFICERS. A. City Manager Kiedrowski reported on previous discussions regarding the transfer of housing set-aside funds from one jurisdiction to another, and noted, in particular, correspondence from other city also referencing discussions regarding set-aside funds for low income housing. He advised of their BIB] 02-25-96-U01 12:55:51PM-U01 CCMIN-U02 02-U02 03-U02 1987-U02 !31? Minutes City Council February 3, 1987 Page Six indications of the possibility that transfer of set-aside funds from one redevelopment agency to another could cause problems, that this may require a change in the state law, and other concerns regarding the tax/loss of tax revenue and the burden that might be caused another city by the use of tax housing set-aside was cited. He further related that the issue continues to be discussed by the Housing Committee of CVAG, and that nomination of a committee member for the City had been continued from a previous Council meeting, and in the interim has directed a staff member to attend these meetings. He summarized that the subject of set-aside housing is not an option, but is in accordance with state law to address housing through the redevelopment plan, and that this topic and further discussions would be continued back to Council for their information. B. Regarding temporary stop signs on west Avenida Montezuma, City Manager Kiedrowski summarized a memorandum by Community Safety Director Hirdler which indicates that stop signs on Montezuma have slowed traffic to a comfortable level and since they have received no complaints regarding the signs, it is recommended that all stop signs remain in a permanent status at their present locations. C. City Manager Kiedrowski announced that the City has received notice that the Grove map has been recorded, item 10.E. of the Consent Calendar Acceptance of Grant Deed for future park site Lot H, Parcel map 20469, The Grove), and that the City is now the proud owner of an 8.5 acre park site for with the City should receive the final recording within a few days. In addition, $40,000 from The Grove for their development agreement has been received and duly deposited in the City accounts, along with grading plans to plan check for their golf course; staff has completed their first review and the plan was returned to the Grove for corrections and continued processing. The City Manager conveyed his and the Grove's desire that the pro?ect proceed expeditiously. Councilmember Pena suggested that a dedication date be marked for the first park in the City of La Quinta. D. City Attorney Longtin stated that preliminary information/documents regarding pit bull dogs has been received and that he is preparing a written report to be presented to thE Council at the next regularly scheduled Council meeting under 11., Report of Officers. BIB] 02-25-96-U01 12:55:51PM-U01 CCMIN-U02 02-U02 03-U02 1987-U02 ! 323 Minutes City Council February 3, 1987 Page Seven The City Attorney additionally stated that he would request an Executive Session on the matter of a potential litigation for which he would announce at the end of this evening's Council meeting. E. The Admin. Services Director reported that subsequent to Council's receipt of correspondence from the La Quinta Chamber of Commerce Marketing Committee which offered their assistance in Cr) the planning of the 5th Anniversary celebration for the City, Council directed staff to send letters to various community Cf) organizations inviting their participation/assistance. She verified to Council that letters were mailed on January 13, as requested, and that responses have been received; a ten person subcommittee established, including Mayor Hoyle and Councilmember Cox, and that a meeting would be called shortly to commence planning. A status report will be provided to Council after the first subcommittee meeting. Additionally, the Admin. Services Director reported that the study session to be held on February 13, scheduled as a joint meeting the the Community Services Commission to discuss community service grants, was cancelled and asked for direction as to whether to continue to next regular study or to hold a special session. Councilmember Bohnenberger suggested this decision be made after the special study session regarding personnel to be held February 12. Supported by Councilmember Sniff and unanimously agreed. F. Planning Director Crump offered a newly formatted Planning Division activity/status report for Council review. Responding to Council questions regarding miscellaneous projects, Planning Director Crump confirmed as follows: 1) General Plan hearings traffic study report received from BSI on amendments carried over and these will be scheduled and the Council informed. 2) City-wide zoning ordinance to be contemplated as measure to be taken up in the 1987/88 budget. 3) Mini-park program to date city staff and park/recreation district staff working to determine what is feasible as an undertaking for mini-park program in the Cove. A proposal for demonstration park is to be developed and brought before the planning commission for their information/comment and to Council; BIB] 02-25-96-U01 12:55:51PM-U01 CCMIN-U02 02-U02 03-U02 1987-U02 !324 Minutes City Council February 3, 1987 Page Eight with their authorization will proceed to inaugurate a mini-park program for the Cove area. The General Plan has designated several neighborhood locations in the cove, and the objection is to implement that plan. Regarding a research of alternate sights is concluding this week, and a follow-up meeting to be held next week with the park/recreation district. 4) Landscaping on Eisenhower and Tampico a landscaping plan has been approved by the City and is now to Landmark to perform under the agreement time frame: Landmark to report precise schedule to City, which initially revolved around the location of a water meter and once this date determined a schedule for actual installation could be finalized. City Manager Kiedrowski confirmed that Landmark Land Co. had made application for the meter and that there is a wait time at district between 30 60 days. Council expressed satisfaction with the reformatted Planning Division activity/status reports. 12. Moved by Councilmember Bohnenberger, seconded by Councilmember Pena, to adjourn to Executive Session. Unanimously adopted. City Attorney Longtin announced that the Council would hold a closed session authorized by Government Code 54956.9? for the purpose of deciding whether the City faces exposure to litigation due to certain circumstances and if there is such exposure to discuss those circumstances. He then requested the Council to meet in Executive Session following the Redevelopment Agency meeting. The regular La Quinta City Council meeting held Tuesday, February 3, 1987, was adjourned at 8:22 p.m. at City Hall, 78-105 Calle Estado, La Quinta, CA., to Executive Session on Personnel matters to be held Thursday, February 12, 1987, convening at 4:00 p.m., at City Hall. BIB] 02-25-96-U01 12:55:51PM-U01 CCMIN-U02 02-U02 03-U02 1987-U02