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1987 08 04 CC Minutes"^ 359 MINUTES A special meeting of the A regular meeting of the City Council held at City City Council held at City Hall, 78-105 Hall, 78-105 Calle Estado, La Quinta, California La Quinta, California August 4, 1987 2:00 p.m. August 4, 1987 7:30 p.m. m 1. CALL TO ORDER Cr) A. Mayor Hoyle called the adjourned special meeting of the City Council to order at 2:00 p.m. B. The Mayor then invited Paul Rothchild to lead the flag salute. 2. ROLL CALL Present: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. Absent: None. Also Present: City Manager Kiedrowski, City Attorney Longtin, Finance Director Harvey, Planning Director Crump, Community Safety Director Hirdler, Public Works Director Reynolds, Community Development Specialist Bradshaw and Secretary Beaver. 4. PUBLIC COMMENT None. 5. COMMENT BY COUNCIL MEMBERS Councilmember Cox requested continuance on this item until a later date, but did state that the 1/2 Sales Tax Issue Went to Riverside County Transportation Commission as they are the agency that will make the decision as to whether or not the 1/2 Sales Tax Issue will go to the November ballots. 6. HEARINGS A. Adoption of New Sign Regulations City Initiated) Zoning Ordinance Amendment No. 87-003 Planning Director Crump stated that the City is currently using the 82 Edition of the County Zoning Regulations and briefly described what the sign regulations do and what they don't do. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^360 Minutes City Council August 4, 1987 Page Two Andy Vossler, P.O. Box 255 La Quinta, spoke briefly on behalf of the Chamber, stating that this ordinance is very adequate and feels it provides a good deal of flexibility. He also encourages the City to proceed with placing of new signage around the City. It was the general consensus of the Council that in reference to garage sale signs, individuals should be able to place up to 2 additional signs off subject property advertising their sale, if they receive permission from the private property owner. Councilmember Bohnenberger commended the staff on their work in putting together this document. It was moved by Councilmember Pena and seconded by Councilmember Sniff to adopt said Negative Declaration in conjunction with the amendment. Motion carries. It was moved by Councilmember Bohnenberger and seconded by Councilmember Cox to waive further reading and introduce Ordinance No. 112, as amended. Motion carries. It was moved by Councilmember Sniff and seconded by Councilmember Pena to instruct Staff to bring this document back to the Council for review in one 1) year. 3. CONFIRMATION OF AGENDA out of Agenda Order) It was moved by Councilmember Sniff and seconded by Councilmember Pena that the City Council declare an urgency situation exists in as much as a business item, Land Purchase) requiring the Council's immediate action, as it has come to their attention since the Agenda for this meeting was prepared and posted. Motion carries. The City Manager reported that the above motion is pertaining to is an offer to purchase land, a parcel on the southwest corner of Tampico and Washington. On behalf of the Council, the City Manager has been discussing negotiations over the past few months, and that the Council has accepted a counter offer on said property. The cost will be approximately $80,000 per acre plus closing costs, and hope to put that land into escrow, upon Council's action, August 5. It was moved by Councilmember Sniff and seconded by Councilmember Pena, that the City Council authorize the Mayor and City Manager to proceed properly with the land purchase agreement for a Civic Center Site at $80,000 per acre, which shall include all commissions, plus paying all normal and reasonable escrow related expenses. Motion carries. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^ Minutes City Council 357 August 4, 1987 Page Three The City manager spoke briefly about the surrounding property values, and stated that the land has been appraised, and the Council feels that we are paying a fair and equitable price. Mayor Hoyle also stated that when looking at a piece of property this size approximately 17 acres), the projection is not only for a civic center, but much more in the future. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. Cr) ABSENT: None. 1) Mayor Hoyle then turned the gavel over to Mayor Pro-Tern Bohnenberger at which time Mayor Pro-Tern stated that this is going to be an expenditure of a large portion of funds that we had not budgeted for in the budget process. It was moved by Councilmember Bohnenberger and seconded by Councilmember Pena to direct Staff to begin the scoping process and preparation of Requests for Proposal for hiring of an Architect to begin work on our City Hall Complex. Unanimous. Motion Carries. Mayor Hoyle called for a 5 minute recess at 2:58 and reconvened ineeting at 3:05. 6 HEARINGS Continued) B. Infrastructure Fee Program Revisions City Initiated) The City Manager reported that the Council has been discussing Infrastructure Fees for several months, and recommended various changes in said program. He briefly discussed the revisions that have been made in this program, and further stated that Staff has not formulated a final recommendation regarding the increase of fees. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^358Minutes City Council August 4, 1987 Page Four The City Manager further stated that all the scenarios are based on projections to the future on how many units we would build, and he believes that Staff should take a new look at these projections on a bi-annual or annual basis to see how building takes place based on our projections. Mayor Hoyle opened the floor to Public Comment at 3:12, which was as follows: Audrey Ostrowski, P.O. Box 351, La Quinta, commented that the education fees are something that will be very hard for owners in the Cove to absorb, and feels that the homes under $100,000 have been paying most of the fees for the City. She requests the Council consider that homes under $100,000 not pay additional fees, as property owners in the Cove can't afford to pay $3-4,000 in fees to build $70-60,000 homes. Jim Resney-Sunrise Corporation, 75-005 Country Club Drive, Palm Desert, expressed Sunrise's concern for the increase of Infrastructure Fees in La Quinta, and requested that Council reconsider increasing said fees, as La Quinta's fees are already near the top in comparison with other cities here in the Desert. Andy Vossler, P.O. Box 1000, La Quinta, expressed Landmark's concern for the increase of Infrastructure Fees in La Quinta, and feels that there is not a lot of projects being developed in the City at this time, and feels that an increase of Infrastructure Fee's could further slow growth down. Paul Rothchild, 76-937 Calle Mazatlan, La Quinta, spoke briefly on behalf of the Chamber, and expressed his concern with being able to stay competitive if fee's are increased. Jack Clark, Jr., P.O. Box 1371, La Quinta, expressed his concern as a home builder in being able to pass on the increase of fees. He further stated that our fee's are now 30% higher than in Bermuda Dunes, and feels that an increase will stagnate growth in La Quinta. Sergio Alvarez, P.O. Box 780, La Quinta, spoke on behalf of the La Quinta Joint Venture, Developers of Santa Rosa Cove, and also is opposes the raising of Infrastructure Fees, and concurs with the need to improve the City and continue with plans in making La Quinta the premier place to live and feels that an increase would slow down the rate of growth. Dale Kirkpatrick, Bank of the Desert, P.O. Box 1627, La Quinta, expressed his concern that the raising of these fee's would put La Quinta at the top of the list as far as our competitive building area is concerned, and what the material effect of being at the top of that list, and how people would look towards La Quinta. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^ MINUTES City Council 355 August 4, 1987 Page Five. Mayor Hoyle closed the Public Comment at 3:31 and opened the floor to Council Comment. Councilmember Bohnenberger stated that this program is not new and is something that the Council began 2-1/2 3 years ago under a prior Council, and that our challenge as a City is to find the needs to provide our citizens with the things they want to see when coming to a city, such as a library, City Hall, and recreational activities, and while we are a relatively new city, CD we are an old community, and have been long ignored by the County. He further stated that the way we can provide our community with these things, is to increase our fees, and feels Cr) that this would be the most viable solution that is available to us at this time. m Councilmember Pena stated that he is sympathetic to those who will be affected by an increase in fees, and feels that a fee that is outrageously high will have a negative effect on building in La Quinta. He also stated that he does not want La Quinta to have the distinction of being the highest fee city in the valley. Councilmember Cox also agrees that we need to be aware of the competitiveness of our business in the sales market in La Quinta, and that a drastic increase in Infrastructure Fees would help the downfall situation of building, but feels that there needs to be a fair increase. She further stated that the fee structure should be reviewed periodically, as we dont know what is going to happen in the future, we can only project what may happen. Councilmember Sniff stated that it is extremely important that what we do is fair and reasonable, not only to the builders, but to the community as well. He stated that the community has reasonable expectations of certain improvements, and they are deserving. He also agrees that there needs to be a periodic review of infrastructure fees as we cannot determine what next year is going to bring. Mayor Hoyle concurs with Councilmember bohnenberger regarding the need to provide the community with certain things, and that we must raise our Infrastructure Fees in a fair and reasonable manner. In Reference to Resolution No. 87-39, Page 4, Item 2a, it was moved by Councilmember Bohnenberger and seconded by Councilmember Cox that insert under Residential to read an amount equal to 2-1/4% of the building permit valuation for each dwelling or structure, with a maximum fee of $6,000.00. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. ABSENT: None. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^35?MINUTES City Council August 4, 1987 Page Six. In reference to Resolution No. 87-39, Page 4, Item 2b, Commercial, Industrial and all other non-residential, it was moved by Councilmember Bohnenberger and seconded by Councilmember Cox that Commercial, Industrial and all other non-residential, the amount of $6,000 per gross acre provided, howeverthat the City may waive or reduce this Commercial/Industrial fee in cases where applicant demonstrates that the proposed development will generate significant sales tax and transit occupancy tax to the City. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena and Mayor Hoyle. NOES: Councilmember Sniff. ABSTAIN: None. ABSENT: None. It was moved by Councilmember Cox and seconded by Councilmember Pena to adopt Resolution No. 87-39 as Amended. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena and Mayor Hoyle. NOES: Councilmember Sniff. ABSTAIN: None. ABSENT: None. It was moved by Councilmember Sniff and seconded by Councilmember Pena to place the Infrastructure Issues back on the Agenda in January, 1989. Unanimous. Motion Carries. Mayor Hoyle called for a 10 minute recess at 4:30 and reconvened said meeting at 4:40. C. General Plan Amendment No. 86-016 Meisterlin) Planning Director Crump briefly discussed the Planning Commission action, to which recommendation from the commission is denial of said request. However, the commission unanimously favored the concept for utilization and projects design, with remarks to the strategy to permit only low density land uses north of Highway 111. Mayor Hoyle then opened the floor to Public Comment at 4:45, which said Public Comment was as follows: Carl Meisterlin, 49-725 Anacappa Circle, La Quinta, spoke briefly on behalf of his project and then turned the podium over to David Schey, 712 N. Diamond Bar Blvd, Diamond Bar, to speak on his behalf. After some discussion, Mr. Schey did state that the applicant is willing to allow the Council to withhold final approval of the General Plan Amendment, dependent upon proceeding with this specific project and the planning that needs to go with that. He further stated that this project was specifically designed to allow for maximum amount of open space along Washington Street and Miles Avenue. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^ Minutes City Council 353 August 4, 1987 Page Seven Mayor Hoyle closed Public Comment at 4:53, and opened the floor to Council Comment which was as follows: Councilmember Bohnenberger requested Sue Steading, 46-450 Jefferson Street, La Quinta, to speak on behalf of the Plannihg Commission to which she stated that the Commission had a 4 to 1 vote against the Amendment to the General Plan. It was the general consensus of the commission that the project format was pleasurable, but directed their attention to the General Plan m Amendment. It was also the general consensus of the commission as she interpreted it) was that when the General Plan was created sufficient areas of high density were designated, and Cr) that those areas of high density were not designated at the location of this project. Since the General Plan was adopted m there has been 1 amendment which did create high density in another location in the city, and that this would create a third area to be considered. It was the general consensus of the Council that they liked the concept of the project, but are concerned that if the General Plan were to be changed, whether or not the project would proceed, if approval of the General Plan Amendment is granted. It was moved by Councilmember Bohnenberger and seconded by Councilmember Sniff to continue this item until the Regular Scheduid Council Meeting, December 1, 1987. Unanimous. Motion Carries. Mayor called for a 5 minute recess at 5:25 and reconvened the meeting at 5:30. D. C?nge of Zone No. 87-024; Variance No. 87-003; and T?tative Tract 21939 Cody & Brady) Planniiq Director Crump spoke briefly about the project, stating that this was originally advanced as a General Plan Amendment but found necessary when zoning could accommodate it. Mayor yle opened the floor to Public Comment at 5:33 to which John C?y, P.O. Box 1198, La Quinta stated that they have done all th? the Planning Commission has asked them to do, and was availa?e tonight to answer any questions the Council may have. Mayor yle then closed the Public Comment at 5:40 and opened the floor Council discussion. It was the general consensus of the Council that recommended Condit?n No. 5 second access road) is unnecessary. It was?oved by Councilmember Bohnenberger and seconded by Counciln ember Pena, to waive further reading and introduce Ordin?e No. 113, granting approval for Change of zone 87-024. Motion Carries. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^354Minutes City Council August 4, 1987 Page Eight It was moved by Councilmember Cox and seconded by Councilmember Pena to adopt Resolution No. 87-44, granting approval of Tentative Tracts No. 21939, subject to attached conditions as amended, to delete Condition No. 5, and further subject to final adoption of the Change of Zone Ordinance No. 113. Unanimous. Motion Carries. Mayor Hoyle called for a recess at 5:45 to which said meeting reconvened to the Regular Scheduled Council Meeting at 7:30 p.m. E. Assessment of residential parcels within the City for the Purpose of refuse collection. City initiated) Finance Director Harvey reported that this was administerial action for the Council to take to approve this item so that refuse assessments can be placed on the County's Assessment Roll. Mayor Hoyle opened the floor to Public Comment at 7:31, and hearing none, closed the Public Hearing and opened it up to Council discussion, to which there was none. It was moved by Councilmember Bohnenberger and seconded by Councilmember Sniff to waive further reading and adopt Ordinance No. 111. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. ABSENT: None. It was moved by Councilmember Cox and seconded by Councilmember Sniff to adopt Resolution No. 87-40. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. ABSENT: None. F. Street Vacation No. 87-011 KWL & Associates) Planning Director Crump reported that this vacation is for a portion of Avenue 46 in order to assemble and make available for commercial development contiguous properties in this area. Mayor Hoyle opened the floor to Public Comment at 7:38 and hearing none, opened the floor to Council discussion, to which there was none. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^ Minutes City Council 351 August 4, 1967 Page Nine It was moved by Councilmember Sniff and seconded by Councilmember Pena to adopt Resolution No. 87-45 vacating a certain portion of Avenue 46. Unanimous. Motion carries. G. Weed Abatement/Lot Cleaning Assessment City initiated) Community Safety Director Hirdler reported that a Notice of Public Hearing was sent to each property owner, to which no written communications have been received regarding this matter. m He further stated that there has been one property owner who has paid, and original document will be amended to show same. Cr) Mayor Hoyle then opened the floor to Public Comment at 7:40 and hearing none, opened the floor to Council discussion, to which m there was none. It was moved by Councilmember Bohnenberger and seconded by Councilmember Sniff to adopt Resolution No. 67-41, as amended. Unanimous. Motion carries. 7. WRITTEN COMMUNICATIONS A. The City Manager stated that the City Clerk has received a letter from Marie Reading Love expressing her thanks for the traffic signal at Washington Street and Highland Palms. Received and filed with no comment. The City Manager stated that the City Clerk has received petitions that have been submitted to the City of La Quinta regarding cable television service in La Quinta. It was noted that Councilmember Pena abstained from this item at 7:48 p.m. Mayor Hoyle then opened the floor to Public Comment at 7:43 p.m. which Public Comments were as follows: Thomas R. Tveit, 77-780 Calle Chillon, La Quinta, stated that he works for CVTV, and is here to answer any questions Council may have. James Chiocki, 77-780 Calle Chillon, La Quinta, Installation Manager of CVTV stated that at CVTV they always keep daily records of the communities they serve. He further stated that their records show that there has been 99.4% of uninterrupted service out of 3600 hours of total service being supplies since february, 1987. He also stated that their records speak for themselves and don't feel that they have supplied bad service to the community. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^352Minutes City Council August 4, 1987 Page Ten John Bund, 54-865 Avenue Alvarado, La Quinta, stated that it would be an understatement to say that the service has not improved, however, with all the improvements that CVTV has supposedly put in, he is still experiencing relatively poor reception and outages at times. Margaret Snow, 53-137 Avenida Bermudas, La Quinta, stated that she too experiences frequent outages in the evening and feels that she does not get satisfactory information or assistance when calling to report these outages to CVTV. Louje Campagna, P.O. Box 1286, La Quinta, stated that he is the person responsible for starting the petition against CVTV, and that from the period between approximately June 17 until July 12 while he was running the petition, it took 6 service calls to get adequate reception, to which he feels is unacceptable. He went on to say that he feels the problem rests with the Staff of CVTV. Mr. Campagna further stated that if CVTV feels that the subject petition is not a valid one, he requests that Mr. Nazarro supply him with a current list of every CV? subscriber in the community and 30 days, and he will get an official report quoting from their list. ayor Hoyle closed the floor to Public Comment at 7:53 and opened the floor to Council discussion, which was as follows: Mayor Hoyle asked the City Attorney whether or not his signing of the Petition could be considered a conflict of interest at this particular time, and the City Attorney stated that this petition is only a political statement, and that in his opinion there is not conflict or anything close to it. After lengthy discussion, it was the general consensus of the Council that the cable service and the public relations supplied by CVTV to the La Quinta community needs to be improved, to which CVTV responded by explaining to the Council what their plans are to improve the cable service to this community. It was moved by Councilmember and seconded by Councilmember Sniff to send this to the Community Services Commission for follow up, and that the follow up be with CVTV and with the community group that circulated the petition, to see what can be done about improving upon some of the complaints that have been lodged here. Unanimous. Motion carries. 8. BUSINESS SESSION A. ORDINANCE NO. 110 AMENDING THE CITY?S SUBDIVISION REGULATIONS BY ADDING CERTAIN REGULATIONS THEREIN RELATING TO PROCEDURES FOR PARCEL MERGERS. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^ Minutes City Council 349 August 4, 1987 Page Eleven It was moved by Councilmember Cox and seconded by Councilmember Pena to waive further reading and adopt Ordinance No. 110. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. ABSENT: None. CD g. COMMISSION/COMMITTEE REPORTS A. Community Services Commission Minutes June 29, 1987), filed with no comments. cn Councilmember Pena reported that Sunline took action at their last board meeting to hire Sunrise Media to construct bus shelters, and negotiated that 50% of revenues collected from advertising panels will go back to the City. 10. CONSENT CALENDAR It was moved by Councilmember Cox and seconded by Councilmember Sniff to adopt Consent Calendar. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. ABSENT: None. 11. REPORT OF OFFICERS The City Attorney stated that in his opinion, Council should take action over again in reference to action taken at the Special Meeting on the City Hall purchase, due to rules relating to Special Meetings. It was moved by Councilmember Sniff and seconded by Councilmember Cox, to declare an urgency situation exists, in as much as a business item requiring our immediate action has come to our attention since the Agenda for this meeting was prepared and posted. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. ABSENT: None. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02 "^350Minutes City Council August 4, 1987 Page Twelve It was moved by Councilmember Sniff and seconded by Councilmember Pena, that the City Council authorize the City Manager to proceed properly with the Land Purchase Agreement for a Civic Center Site, at $80,000 per acre, which shall include all commissions, plus paying all normal reasonable escrow related expenses. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. ABSENT: None. It was moved by Councilmember Bohnenberger and seconded by Councilmember Pena that the $1,000,000 set aside in the Capital Improvement Project, be reprogrammed for land purchasing within the budget with the commitment that we are continuing to look at the street and drainage construction in the Indian Springs area. ROLL CALL VOTE): AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. ABSENT: None. The Planning Director reported that the directional signs for developments in La Quinta, along with civic points of interest is maturing to the point where we can expect a mock-up for display and installation at Avenue 50 and Washington intersection. He also reported that at the LAFCO hearing for our Sphere of Influence Amendment will be scheduled on the August 27 Agenda. The Community Safety Director reported that the City received 35 responses to the Natural Gas Installation survey in the Cove area. Prior to the adjournment of the Regular Scheduled Council Meeting, it was brought to the attention of Mayor Hoyle that Mr. George Shelton, 54-775 Avenida Alvarado, La Quinta would like to address the Council on an item that was not on the Agenda. Mr. Shelton voiced his concern with the Highway 111 Specific Plan, as he feels that it is of great importance, and it is very sad for the whole community when nothing is happening regarding same. 12 ADJOURNMENT The City Council meeting held Tuesday, August 4, 1987 was adjourned at 8:42 p.m. at City Hall, 78-105 Calle Estado, La Quinta, California. BIB] 02-26-96-U01 09:34:56AM-U01 CCMIN-U02 08-U02 04-U02 1987-U02