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1987 10 20 CC Minutes" 451 CITY OF LA QUINTA MINUtEs OCTOBER 20, 1987 A regular meeting of the City Council held in the City Council Chamber, 76-105 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. followed by the Pledge of Allegiance. PRESENT: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Cr) Hoyle ABSENT: None CD CONFIRMATION OF AGENDA PUBLIC COMMENT MARTIN BECK, P.O. Box 1043, La Quinta, addressed the Council on the matter of Red Ribbon Week" advising that the Community Services Commission took action to support it. Posters and a banner have been made by Fred Rice and they are planning to distribute red ribbons to the school, service clubs, Chamber of Commerce and City for distribution. On October 27, the fifth graders will let up red balloons inscribed Say No To Drugs". JOHN BUND, 54-865 Alvarado, addressed the Council on behalf of the Chamber of Commerce and outlined their activities during the summer season and those planned for the winter season. COMMENT BY COUNCIL MEMBERS COUNCILMAN PENA expressed appreciation to the La Quinta Soroptimist Club for their donation of $3,000 to go towards the purchase of a van for the Senior Center. He also commended staff on a successful clean-up campaign over the week-end. MAYOR HOYLE introduced the City's new Attorney, Barry Brandt and expressed the City's appreciation to City Attorney Jim Longtin for his service to the City. PUBLIC HEARINGS 1. PUBLIC HEARING ON AMEND? TO TITLE 8 OF ThE LA QUINTA MUNICIPAL CODE BY ADOPTING THE 1985 EDITION OF THE UNIFORM FIRE CODE. councilman Bohnenberger abstained from this matter. BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 " City Council Minutes Page 2 October 20, 1987 452 MIKE BROWN, Deputy Fire Marshal addressed the Council and reviewed the proposed ordinance advising that two changes have been since it was first introduced to the Council. One is a reference to the fire flow improvement fund which has been deleted and the other change is a requirement for smoke detectors in all existing dwelling units. This is currently State Law. A requirement has also been added for smoke detectors to have a battery back-up system in the event of power failure. He also noted that minimum fire flow has been increased from 500 gpm to 1,000 gpm for a period of two hours at 20 psi. In the event this requirement cannot be met in single family subdivisions, then an automatic fire sprinkler system will be required. It is also being re- quired in any commercial structure in excess of 5,000 sq. ft., including, motels, hotels, and apartments. In response to further questions by Councilman Pena, Mr. Brown advised that 13D is less restrictive than 13 in that it allows larger coverage areas per head; allows use of plastic pipe and the requirement for detector check valves are not included. He pointed out that the standards do allow use of plastic pipe. A water flow detection system that sets of f an audible alarm is allowed under 13D. Councilman Sniff asked if there is a significant difference between this ordinance and the one we're currently operating under? Mr. Brown advised that as far as the 13D systems are concerned, no; under current City ordinance, these sys- tems are already allowed. The only other major difference would be in the fire flow requirement and the square footage required to sprinkler a building. As to the affect on the City, the square footage requirement for sprinklers will add to the cost of construction. Councilman Sniff asked if an understanding has been reached with the Coachella Valley Water District. Mr. Brown advised that they are opposed to residential sprinkler Systems. He understood that they are concerned about plastic pipe and liability. The preferred method for these installations, according to NFPA shows a hook-up to the water main minus the water meter; another acceptable method does not include a meter; and the third method includes a meter. NFPA does not recommend a meter and the Fire Department does not feel it's necessary. The Mayor OPENED the public hearing. TOM LEVY, General Manager of Coachella Valley Water District addressed the Council advising that it is their opinion that Standard 13 which is the more rigid requirement should be adopted. They oppose 13D because it allows not having a separate meter for the fire detection system. The reason BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 " city council Minutes Page 3 October 20, 1987 453 they're concerned about it is because if someone doesn?t pay a bill and their water is turned off and there is a fire detection system tied into it, then the fire protection is lost. If there's a separate meter for the fire detection system, it would not be turned off. Additionally, under 13D plastic pipe is allowed, and from their standpoint, they feel that it is a long-term liability for the District, City and Fire Department. They have used the best plastic pipe available and have had many problems with it because of the heat in the desert. Metal pipe failure is rare. Councilwoman Cox asked if State Law doesn't limit liability CD on failure of a system to some degree. Mr. Levy commented that a way to sue can always be found. cy) Mayor Hoyle questioned the cost of an extra meter and Mr. Levy advised that it would run between $700 $900 if the service is there and if it isn't, it would be an additional $400. Councilman pena referred to the requirement for 1,000 gprn fire flow and asked if we currently have that in the cove and Mr. Levy advised not, but we will have when all the planned improvements are made to the water system. Councilman pena asked if we can still allow single family units to be built in the cove when the minimum standards cannot be met. r. Kiedrowski advised that the Fire Marshall has prepared a map which shows those areas that do not meet the minimum standards. That map was transmitted to the Water District several months ago and we asked what can be done in the next construction cycle to solve the problem in as many of these areas as possible. Their response was submitted to the planning Commission, which would satisfy the fire flow at the hydrants targeting those areas and would eliminate 1/3 to 1/2 of the areas that have a problem and in the following year, we would continue that program. He continued, saying that if the Council didn't wish to see development until these standards are met, then a moratorium would have to be declared. Mr. Longtin advised that a moratorium can be declared in a certain area if it is determined that there are health and safety deficiencies because of fire flow standards. Mr. Levy noted that they should be completed with the two major deficient areas in the Cove in the spring. BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 " City Council Minutes Page 4 October 20, 1987 454 Mayor Hoyle questioned the City's liability in the event that construction is allowed to proceed and Mr. Longtin advised that the ordinance the Council is being asked to adopt is merely an up-date of what is already in the Code. He did not feel that adopting this Code would change the City's status as far as liability is concerned. Councilwoman Cox questioned the City's liability in estab- lishing a moratorium on peoples property. Mr. Longtin ad- vised that there is a slightly higher risk of exposing the City to a damages liability in view of the Supreme Court Case First Lutheran Church, that came down this summer. JOHN BUND, 54-865 Ave. Alvarado, addressed the Council stating that to install a sprinkler system is $100 per head to install a system in a typical single family residence would cost $4,500 to $5,000 in additional costs. Therefore, there would be a significant financial impact on construc- tion. He suggested using mitigation measures such as a one-hour separation. ANN YOUNG, 77-526 Nogales, President of La Quinta Cove Association, urged that this water flow problem be taken care of immediately. There being no one else wishing to speak, the hearing was CLOSED. Councilman Pena questioned the urgency in adopting this ordinance as he had a problem with some of the standards. Councilwoman Cox suggested adopting the Uniform Fire Code and leave the amendments as an issue for discussion. Councilman Pena suggested that Staff come back with a report on the problem areas and the possibility of a moratorium. Following discussion, Council concurred on proceeding with adoption of the proposed ordinance. ORDINANCE NO. 115 AN ORDINANCE OF THE CITY OF LA QUINTA AMENDING TITLE 8 ENTI- TLED BUILDING AND CONSTRUCTION", AMENDING EXISTING BUILDING AND CONSTRUCTION, AND ADOPTING, BY REFERENCE, THE UNIFORM FIRE CODE, 1985 EDITION, INCLUDING CERTAIN SPECIFIED APPENDI- CES AND THE UNIFORM FIRE CODE STANDARDS, PUBLISHED BY THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL CONFER- ENCE OF BUILDING OFFICIALS. It was moved by Councilman Pena, seconded by Councilwoman Cox that full reading of Ordinance No. 115 be waived and same introduced on first reading. Motion carried by the following vote: BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 " City Council Minutes Page 5 October 20, 1987 443 AYES: Council Members Cox, Pena, Sniff NOES: Mayor Hoyle ABSTAIN: Council Member Bohnenberger ABSENT: None Council Member Pena asked that staff bring back to Council, information regarding fire flow requirements in the Cove so that appropriate action can be taken by the Council. 2. PUBLIC HEARING ON AMENDMENT TO TITLE 6 OF ThE LA QUINTA MUNICIPAL CODE BY ADOPTING THE FOLLOWING STATE CODES: a. Uniform Administrative Code 1985 Edition b. Uniform Building Code 1985 Edition Cr) C. National Electric Code 1985 Edition d. Uniform plumbing Code 1985 Edition e. Uniform Mechanical Code 1985 Edition f. Uniform Swimming Pool, Spa & Hot Tub Code 1985 Edition g. Uniform Sign Code 1985 Edition h. Uniform Housing Code 1985 Edition i. Dangerous Building Code 1985 Edition Mr. Crump presented staff report advising that periodically, uniform or model" building and construction codes are re- vised and updated. Title 8 of the Municipal Code, Buil- dings and Construction, locally adopts these codes by refer- ence. ne proposal before the City Council is an ordinance which would incorporate the latest version of various uni- form codes into the City's regulations for building practic- es. Additionally, the draft ordinance contains one other hous- ekeeping" item which involves the separation of City review- ing boards which handle the subjects of alternative material use, and that of general appeals. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. ORDINANCE NO. 114 AN ORDINANCE OF THE CITY OF LA QUINTA AMENDING TIThE 8 ENTI- TLED BUILDING AND CONSTRUCTION", AND ADOPTING, BY REFER- ENCE, VARIOUS 1985-87 EDITIONS OF UNIFORM CODES CONCERNING: ADMINISTRATION: BUILDING: ELECTRICAL: PLUMBING: MECHANICAL: SWIMMING POOL, SIGN CONSTRUCTION: HOUSING: AND DANGEROUS BUILDINGS. It was moved by Council Member Bohnenberger, seconded by Council Member Cox that full reading of Ordinance No. 114 be waived and same adopted on second reading. Passed by the following vote: BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 " City Council Minutes Page 6 October 20, 1987 4?4 AYES: Council Members Bohnenberger, COX, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None 3 HEARING ON WEED ABATEMENT/LOT CLEANING AND PLACING SAME ON TAX ROLL FOR 1988/89 ASSESSOR'S PARCEL NO. 773-253- 013. Mr. Hirdler recommended that a resolution be adopted placing the amount of $495.35 on the tax rolls on Assessor's Parcel No. 773-253-013. The Mayor declared the hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 87-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Member Sniff, seconded by Council Member Pena that Resolution No. 87-56 be adopted. Motion carried unanimously. WRITTEN COMMUNICATIONS None BUSINESS SESSION 4. APPROVAL OF AGREEMENT WITH CITY ATTORNEY. Mr. Kiedrowski presented the Council with the proposed agree- ment with the new City Attorney, Barry Brandt. MOTION It was moved by Council Member COX, seconded by Council Member Bohnenberger that the agreement with the City Attorney be approved as submitted. Motion carried unanimous- ly. 5. RECOMM?iDATION OF COMMUNITY SERVICES COMMISSION REGARDING CABLE TELEVISION. Council Member Pena abstained from this matter. Mr. Rothchild, Chairman of the Community Services Commis- sion reported on the actions taken with regarding to Palmer Cablevision. He noted that the action with regard to BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 " City council minutes Page 7 October 20, 1987 445 KCET is no longer an issue, but wanted the Council to be aware of the citizens strong feelings on the latter. with regard to the petition submitted by the residents, the C??issiofl endorsed all points set forth. Council Member Sniff referred to the number of people who spoke and their strong feelings with regard to the quality of service being received. He felt that the City should go forward with some kind of action in referring to a letter recently received from the City of coachella with regard to exploring an the possibility of establishing an independent cable service. Cr) MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that this matter be placed in m the hands of the City Attorney for investigation and prepara- tion of possible options for the City and report back in 60 days and that the City Manager contact other franchise cit- ies and outline proper actions that could be implemented. Council Member Bohnenberger felt that while improvements have been made, there's still a long way to go. But, he did not want to see the City get involved in operating a cable service. Mayor Hoyle stated that while he is extremely unhappy with the cable service, he would be very much opposed to the City getting involved in operating cable service. Council Sniff restated his motion as follows: That the City Attorney and City Manager be directed to take this matter under review to investigate and consult with other affected franchise cities and to prepare various options in addressing the concerns listed in the petitions four points and further, to report back to the Council their recommended various courses of action within 60 days.?' Motion carried by the following vote: AYES: Council Members Bohnenberger, COX, Sniff NOES: Mayor Hoyle ABSTAIN: Council Member Pena ABSENT: None 6. SECOND ING OF ORDINANCES: O?INANCE o. 113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OF?ICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY RFERRD To IN CHANGE OF ZONE NO. 86-024. BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 "City council 1minutes Page B october 20, 1987 xt was inoved by Council Member Cox, seconded by Council Neinber Sniff that full reading of Ordinance o. 113 be waived and same adopted on second reading. passed by the following vote: AYES: Council Merribers Bohnenberger, Cox, pena, Sniff, Mayor Hoyle NOES: None STAIN: None S??T: None O?INANCE NO. 117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MENDING THE LA QUINTA MUNICIPAL CODE BY ESTAB- US?ING A TECHNICAL TRAFFIC COMMITTEE. It was moved by Council Member Cox, seconded by Council Member Bohnenberger that full reading of Ordinance No. 117 be waived and same adopted on second reading. Passed by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor oyle NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ING CHAPTER 8.11 OF THE LA QUINTA MUNICI- PAL CODE, RELATIVE TO FLOOD HAZARD REGULATIONS. It was moved by Council Member Cox, seconded by Council Nember Sniff that full reading of Ordinance No. 118 be waived and same adopted on second reading. passed by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None COMMISSION/COMMITTEE REPORTS a. Receipt of planning Commission Minutes 9/22/87 b. Receipt of Community Services Commission Minutes 9/28/87 BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 " City Council Minutes Page 9 October 20, 1987 441 CONSENT ITD? 7. Award of Bid far 1/2 Tan Pick-Up Truck to Low Bidder Fritts Ford in the Amount of $10,595.76. 8. Approval of Replacement of Controller at Eisenhower and Washington Street Signal and Authoritation to Transfer Funds and Declare Controller Surplus. 9. Acceptance of Public Street and Utility Dedication Lot C on Date Palm Drive. 10. AuthonEation to Record Phase 2 of Tract No. 22432 East Side of PGA Boulevard South of Avenue 54 Applicant Cr) Sunrise Company. 11. Approval of Application of Torn Hartung for Street Closure Avenue Madero between Monterey & Colima on October 31st for a *`Block Party". 12. Approval of 13th Year Community Development Block Grant Program Supplemental Agreement. 13. Acceptance of Report of Action of Planning Commission for Plot Plan 87-383, Enclosure of Covered Walkway Area and Signage; Applicant Johnson Construction. 14. Approval of Minutes of September 29, 1987. 15. Approval of Demand Register. MOTION It was moved by Courcil Member Cox, seconded by Council Member Sniff that Consent Items 7 15 be approved as recommend- ed with Item No. 15 being approved by Resolution No. 87-57. Motion carried by the following vote: AYES: council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None REPORT OF OFFICERS A. CITY MANAGER Mr. Kiedrcwski requested a Closed Session prior to adjournment to discuss personnel and land acquisition. B. ADMINISTRATIVE SERVICES DIRECTOR No Report C. COMMUNITY SAFETY DIRECTOR No Report BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02 " City Council Minutes Page 10 October 20. 1987? 4?2 D. FI??CE DIRECTOR Mr. Harvey presented the Council with a statement of first quarter revenues with a comparison of the first quarter last year. Said report showed revenues 29.7% over projected figures. E. PLANNI?G DIRECTOR o Report F. PUBLIC WORKS DIRECTOR r. Reynolds advised that he has had a meeting with the President of La Quinta Country Club regarding the improvements on Eisenhower and Avenue 50 and he was assured that this matter will be placed on their next agenda. They plan to meet again after the first of the year. There being no further business, the Council adjourned to Closed Session to discuss personnel matters and land acquisition mat- ters Council reconvened to regular session and adjourned with no action being taken. Respectfully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-26-96-U01 02:56:02PM-U01 CCMIN-U02 10-U02 20-U02 1987-U02