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1987 09 29 CC Minutes" 4?9 CITY OF LA QUINTA MINUTES SEPTEMBER 29, 1967 An adjourned regular meeting of the City Council held in the City Council Chamber, 78-105 Calle Estado, La Quinta, California CALL TO ORDER Mayor Hoyle called the meeting of the City Council to order at the hour of 7:30 P.M. Councilman Pena led the Pledge of Allegiance. PRESENT: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle ABSENT: None Cr) CONFIRMATION OF AGENDA PUBLIC COMMENT None COMMENT BY COUNCIL MEMBERS COUNCILMAN BOHNENBERGER commented on the arrival of the new fire truck and the fact that it was paid for by private donations from the community. He offered congratulations on their efforts, noting that this is the second vehicle purchased through donations. COUNCILWOMAN COX reported on actions taken by CVAG. The matter of KCET being changed to another channel was held over until next month. There was a report on the Transportation Committees recommendations. They are hoping that the matter of the 1/2 sales tax will be placed on the June ballot, but will more than likely be on the November ballot. HEARINGS None WRITTEN COMMUNICATIONS None BUSINESS SESSION 1. CONTINUED CONSIDERATION OF REQUEST FOR ONE-YEAR EXTENSION OF TENTATIVE TRACT NO. 20016. The Planning Director presented staff report advising that this Tract is located on the northwest corner of Miles Avenue and Dune Palms Road. The Tract was originally approved on July 17, 1984 and the first time extension was granted July 1, 1986. The applicant, Harold Hirsch is requesting a second time extension to July 18, 1988. BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02 "City Council Minutes Page 2 September 29, 1987 HAROLD HIRSCH, 756 Amalfi Drive, Pacific Palisades, addressed the Council advising that during the first two years, a gentlema' named William Tackabery held an exclusive option to purchase the property. Since he chose not to extend his option, the property was totally returned to his control early this year. H? presently has two individuals seriously interested in this property and their prime reason for interest is because there is a Tentative Tract. Therefore, he requested an extension in order to give him an opportunity to sell the property. He noted that there is a remote possibility that he may find a joint venture and build himself. In response to Council, Mr. Crump, Planning Director, advised that three, one-year extensions are provided for in the Subdivision Map Act. RESOLUTION NO. 87-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS RECONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING A SECOND EXTENSION OF TIME FOR TENTATIVE TRACT NO. 20016. It was moved by Councilman Pena, seconded by Councilman Sniff that Resolution No. 87-52 be adopted granting a one year extension on Tract No. 20016 to July 18, 1988. Motion carried unanimously. 2. CONSIDERATION OF PROPOSAL BY COLMAC FOR A BIOMASS FUELED ENERGY PLANT. The Planning Director advised that the draft Environmental Impact Statement for the Colmac Biomass Energy Plant dated July 1987 has undergone a third-party review prepared by the firm CH2M HILL. The draft EIS was found to have deficiencies, as there would be direct adverse affects on the desert environment in the Coachella Valley. Mr. Crump presented the Council with a draft letter to the Bureau of Indian Affairs for consideration. It points out that the EIS did not adequately address fire protection; the primary source of waste will come from outside the Coachella Valley; failed to address prevailing winds and toxic pollutant emissions. Councilwoman Cox advised that CVAG's Energy & Environment Committee presented a report to the Executive Committee recommending that they strongly oppose the building of the Colmac Biomass Fueled Power Plant any place within CVAG's boundaries. Letters were received from the Indio Chamber of Commerce and C.V. Mosquito Abatement District urging opposition. It was pointed Out that this project isn't a foregone conclusion, agencies and individuals have until October 13th to comment. She noted that this plant will be built with State Industrial Development Bonds. BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02 " City Council Minutes Page 3 September 29, 1987 4?3 Councilman Sniff advised that he is a member of the Energy and Environment Committee. He proceeded to make the following motion: RESOLUTION NO. 87-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, EXPRESSING OPPO?ITION TO THE COLMAC BIOMASS FUELED POWER PLANT. That after careful review of the Colmac Biomass Plant's 1) Environmental Statement, and Ch2M Hill's third party review, the City of La Quinta go on record expressing our strong and well considered opposition to the approval of, the construction of, Cr) and the subsequent operation of the proposed Colmac Biomass Power Plant to be located here in Riverside County near Mecca m on the Cabazon Indian Reservation. And further, that this power plant would not be compatible with our current and projected development trends and with our air quality standards in this environmentally sensitive area. He further suggested that this information and position be communicated directly to the Bureau of Indian Affairs promptly. Motion was seconded by Councilman Bohnenberger. Councilman Pena favored the motion, stating that he sympathizes with the Indians as they are trying to improve their standard of living; however, this is not economically feasible to the rest of the Coachella Valley and a balance has to be achieved. Councilman Bohnenberger felt that the City has given Colmac every opportunity to prove out their concept. From the information given, he sees no benefit to this Valley the way it's proposed; how it will be fueled; or where it will be located. It will only do further harm to the environment. Mayor Hoyle advised that he's opposed this project from the beginning. He felt that public out-cry is needed and suggested that we spend some money on radio ads, etc. to encourage opposition. Discussion ensued regarding the legality of spending City funds on such a matter. MOTION TO ADOPT RESOLUTION NO 87-53 CARRIED ON THE FOLLOWING VOTE: AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: None ABSTAIN: None BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02 "City Council Minutes Page 4 September 29, 1967 3. AMENDMENT TO TITLE 12 OF THE LA QUINTA MUNICIPAL CODE ESTABLISHING A TECHNICAL TRAFFIC COMMITTEE. The Director of Public Works advised that the Council previously authorized the formation of a Technical Traffic Committee and adoption of this ordinance would formalize that action. The first meeting will be held on October 14th and all members have been contacted. ORDINANCE NO. 117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE BY ESTABLISHING A TECHNICAL TRAFFIC COMMITTEE. It was moved by Councilman Bohnenberger, seconded by Councilman Sniff that full reading of Ordinance No. 117 be waived and same introduced. Mayor Hoyle proposed an amendment stating that the Chairman would be appointed by the City Council rather than the City Manager. A brief discussion ensued, followed by a motion by Mayor Hoyle to make such an amendment. Motion died for lack of a second. Motion to introduce Ordinance No. 117 as presented carried on the following vote: AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, NOES: Mayor Hoyle ABSENT: None ABSTAIN: None 4. AMENDMENT TO TITLE 8 OF THE LA QUINTA MUNICIPAL CODE AMENDING THE FLOOD PLAIN MANAGEMENT POLICIES. The Director of Public Works advised that effective October 1, 1986, the Federal Emergency Management Agency FEMA) changed some of the rules governing the National Flood Insurance Program NFIP) As a participant in that program, the City of La Quinta has agreed to adopt and enforce a floodplain management ordinance which complies with the rules of the NFIP. He recommended that the draft ordinance presented to the Council be adopted. In response to Council, Mr. Reynolds advised that these modifications will not help with the building pad problems we ve had, but understands from Coachella Valley Water District that Bechtel is studying and making a new hydrology study based upon the improvements that have been made in the flood control facilities on either side of the cove. This study will speak to what pad elevations should be. The new map will be available within six to nine months. BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02 " City Council Minutes Page 5 September 29, 1987 471 ORDINANCE NO. liB AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 8.11 OF THE LA QUINTA MUNICIPAL CODE, RELATIVE TO FLOOD HAZARD REGULATIONS. It was moved by Councilwoman Cox, seconded by Councilman Sniff that full reading of Ordinance No. 118 be waived and same introduced. Passed on the following vote: AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle m NOES: None ABSENT: None Cr) ABSTAIN: None m 5. AUTHORIZATION TO ENTER INTO AGREEMENT WITH RIVERSIDE COUNTY FOR SIGNALIZATION OF WASHINGTON STREET AND FRED WARING DRIVE. he Director of Public Works presented the Council with an agreement with Riverside County for sharing the costs of the signalization of Washington Street and Fred Waring Drive. The agreement provides that the County and City shares shall be 75% and 25% respectively, based upon the lands in each jurisdiction abutting the intersection. He recommended that the proper City Official be authorized to sign the agreement. In response to Council, Mr. Reynolds advised that the project will be done this fiscal year, probably in the Spring. MOTION It was moved by Councilman Bohnenberger, seconded by Councilman Sniff that the proper City Official be authorized to sign the agreement with Riverside County for signalization of Washington and Fred Waring. Motion carried unanimously. 6. AUTHORIZATION TO ENTER INTO AGREEMENTS WITH DESERT SANDS SCHOOL DISTRICT FOR SPORTS COMPLEX AND ADJACENT PARKLANDS. The City Manager presented the Council with agreements between the City of La Quinta and Desert Sands School District. One is for joint use of the Sports Complex and the other is for joint use of the adjacent lands. These are the basis upon which the Redevelopment Agency will pass through money to the School District for the building of the Sports Complex. In response to Council, Mr. Kiedrowski advised that it is the School?s intent to double the size of the existing parking lot during the second phase of the Sports Complex which is scheduled to open in September 1988. There will be additional parking provided on the City?s parkland with the opening of the middle school tentatively scheduled for 1989. BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02 " City Council Minutes page 6 September 29, 1987 72 With regard to on-going maintenance, that will be negotiated on an annual basis. MOTION It was moved by Councilman Bohnenberger, seconded by Councilwoman Cox that the agreements with Desert Sands School District be approved as presented. With regard to concerns expressed about priority of use of the Complex, Mr. Harvey advised that the School would have priority during school hours; other than that it is by mutual agreement it is a cooperative agreement. There is no arbitrator in case of conflicts. Following discussion, Council concurred on carrying this matter over pending further discussion of priority of use. Motion was withdrawn. 7. SECOND READING OF ORDINANCE NO. 116. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FOR CITY, BY REZONING CERTAIN PROPERTY FROM R-l to CPS. It was moved by Councilwoman Cox, seconded by Councilman Bohnenberger that full reading of Ordinance No. 116 be waived and same adopted on second reading. Passed on the following votE AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: None ABSTAIN: None COMMISSION/COMMITTEE REPORTS Report of Community Services Commission. PAUL ROTHSCHILD, Chairman, addressed the Council and advised that at the Community Services Commission meeting the previous evening, action was taken with regard to Coachella Television Palmer Cable Company). One motion was that if the Corporation's answer is negative relative to moving KCET back to Channel 8, that the Council be asked to file an Friend of the Court Brief" to support the position of Palm Desert in their law suit which they filed against Palmer Cable. They were told by Mr. Nazarro that he would have an answer within three days. The other action was to support all points of the petition that was presented to the City and to ask Council's consideration of it BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02 " City Council Minutes Page 7 September 29, 1987 463 They also recommended endorsement of *?Red Ribbon Week?' which is October 25th 31st. City Manager advised that action was taken by the Council at their last meeting). Note for the record: Councilman Pena removed himself from the Council during the discussion of Palmer Cable. Council recessed for ten minutes. CONSENT CALENDAR Cr) 8. APPROVAL OF AMENDMENT TO 1987/68 FY BUDGET RE: CHANGE IN CLASSIFICATION FOR PUBLIC WORKS SUPERVISOR PARKS. 9. AUTHORIZATION TO SIGN CHECKS BY FACSIMILE. 10. ACCEPTANCE OF STREET AND UTILITY EASEMENT RE: FAMILY HERITAGE CHURCH ON MILES AVENUE AT ADAMS. 11. ACCEPTANCE OF STREET AND UTILITY EASEMENT RE: PLAZA TAMPICO DESERT CLUB DRIVE AND CALLE TAMPICO. 12. SUPPORT OF HR 2328 RE: PREVAILING WAGE REQUIREMENTS. 13. APPROVAL OF DEMAND REGISTER. 14. APPROVAL OF MINUTES OF SEPTEMBER 1, SEPTEMBER 15, SEPTEMBER 16, AND SEPTEMBER 23. 15. APPROVAL OF RE-ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM ELVIRITA LEWIS FOUNDATION TO SENIOR CENTER SITE ACQUISITION. 16. AUTHORIZATION TO ENTER INTO CONTRACT FOR INSTALLATION OF THE DRAINAGE FORCE MAIN WITHOUT COMPETITIVE BIDDING. 17. ACCEPTANCE OF QUITCLAIM DEED FROM COUNTY OF RIVERSIDE FOR WIDENING OF WASHINGTON STREET. MOTION It was moved by Councilwoman Cox, seconded by Councilman Sniff that Consent Items 8 through 17 be approved with Items No. 13 and 16 being approved by RESOLUTION NOS. 87-54 and 87-55 respectively. Motion carried on the following vote: AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: None ABSTAIN: None BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02 " City Council Minutes Page 8 September 29, 1987 64 REPORT OF OFFICERS A. CITY MANAGER Mr. Kiedrowski requested a Closed Session prior to adjournment. He also asked that the Redevelopment Agency Meeting be adjourned to a date prior to the next regular meeting on October 20th. Staff feels that they will have a recommendation on the Engineer to start the design work in the Cove. B. COMMUNITY SAFETY DIRECTOR Mr. Hirdler advised that the following events are scheduled: 10/14 Staff will be participating in a State and County-Wide Earthquake Drill which is mainly aimed at testing communications capabilities. 10/15 at 7:30 P.M. Earthquake Preparedness Meeting at the Community Center 10/17 Trash Day 10/17 at La Cahuilla C. CITY ENGINEER In response to Council, Mr. Reynolds advised that he has been communicating with the property managers of the La Quinta Plaza Shopping Center regarding the flooding of Washington Street from their sprinkler system. Mr. Kiedrowski advised that staff will draft a letter for the Mayor's signature Regarding the situation at Eisenhower, between Avenue 50 and Fernando, Mr. Reynolds advised that he is setting up a meeting with the president of the La Quinta Country Club to find out what the feelings of the members are with respect to both the Eisenhower and Avenue 50 frontage. He hoped that they will show some interest in making a contribution towards widening the street, curb and gutter; thereby alleviating the drainage problem. D. FINANCE DIRECTOR No report, but noted that $50,000 in sales tax has been received. E. PLANNING DIRECTOR Mr. Crump advised that the village Specific Plan will be ready tc release to the public on October 13th. Staff is planning a joint meeting of the City Council and Planning Commission in the Community Center at 7:30 P.M. on October 27th to review the document. BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02 " City Council Minutes Page 9 September 29, 1987 461 The Council adjourned to Closed Session to discuss personnel matters and property acquisition. Council reconvened to regular session and adjourned. CD Cr) m BIB] 02-26-96-U01 09:42:07AM-U01 CCMIN-U02 09-U02 29-U02 1987-U02