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1986 06 17 CC Minutes# MINUTES CITY COUNCIL CITY OF LA QUINTA A regular meeting of the City Council of the City of La Quinta, California, held at City Hall, 78-105 Calle Estado, La Quinta, California. June 17, 1986 7:30 p.m. 1. CALL TO ORDER Mayor Pena called the regular La Quinta City Council meeting to order at 7:31 p.m., and led the Council in the flag salute. 2. ROLL CALL Present: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena. Absent: None. Also Present: City Manager Usher, Deputy City Manager Jennings, Community Development Director Stevens and Community Safety Coordinator Hirdler. PUBLIC COMMENT A. Dr. Eugene Dyer, P.O. Box 1484, La Quinta, thanked the La Quinta Volunteer Fire Department for their heroic efforts in fighting a brush fire along Eisenhower Drive and expressed concerns relative to fire preventive measures within the City. Dr. Dyer further requested the Council to provide an explanation of the City?s fire prevention measures and mechanisms. B. Jacques Abels, P.O. Box 1416, La Quinta, Park & Recreation District Director, District 4, explained progress on the door improvement project at La Quinta Park, stating that the doors should be in place by the end of June. Mr. Abels expressed the District's appreciation to the City for providing funds to accomplish this much needed improvement. Council Member Wolff asked Mr. Abels to explain why the Park District identification sign at the west end of La Quinta Park was missing. The Deputy City Manager explained that the sign was being repaired. Council Member Cox thanked the District for planting flowers recently. 4. WRITTEN COMMUNICATIONS A. The City Manager presented a communication from Soroptimist Inter- national of La Quinta, donating $500 to the City to be used towards re-establishment of the La Quinta Senior Center. Council Member Bohnenberger requested that a letter of appreciation be sent to the Soroptimists', over the Mayor?s signature. B. The City Manager read into the record a letter from the La Quinta Golf Estates Association requesting waiver of fees relative to the Eisenhower Drive Improvement Project. BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 # MINUTES City Council June 17, 1966 Page 2. 5. COMMENT BY COUNCIL MEMBERS A. Council Member Allen discussed a Letter to the Editor in the Daily News, written by Helene Miller, relative to purchase of an additional lot by she and her neighbor, an effort they were unable to accomplish due to City zoning regulations. Council Member Allen expressed his desire to encourage and enable citizens to purchase additional lots to increase their parcel sizes. Mr. Allen asked the Planning staff to work with these ladies in order to assist them in the parcel merger. The Community Development Director explained that while he was unfamiliar with this particular case, he would see nothing that would prevent these ladies from filing a lot line adjustment appli- Cation for the parcel between their lots, making each parcel 75', and explained that he felt there must have been a miscommunication or misunderstanding on the part of either the ladies or staff. Council Member Wolff agreed with Council Member Allen, and suggested that City staff contact these ladies and assist them in their effort for a lot line adjustment and parcel merger. Mayor Pena concurred with these Comments. B. Council Member Wolff explained that this meeting would be the last meeting for Frank Usher, City Manager, and commended Mr. Usher for the work he has done for the City, particularly during the initial months following incorporation of the City. These comment were echoed by Mayor Pena. C. Mayor Pena publicly commended the La Quinta Volunteer Fire Department for their handling of the Eisenhower Drive fire. 6. CONSENT CALENDAR Moved by Council Member Wolff, seconded by Council Member Cox, to adopt the Consent Calendar, as corrected. Items 6.G. and 9.) Roll Call Vote: CD AYES: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena?. NOES: None. ABSENT: None. 1 ABSTAIN: None. I\) A. The Minutes of a regular meeting of the City Council held June 4, 1986, were approved with a correction to Item 9., Adjournment, indicating that the June 4th meeting was adjourned on Wednesday rather than Tuesday. B. RESOLUTION NO. 86-49. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEMANDS. C. Final Parcel Map No. 21120, Anden Corporation, was approved for acceptance as recommended. D. Claim for general damages, Sandra Carrasco vs. City of La Quinta, denied as recommended. Claim for property and general damages, Arven Madeline Kent vs. City of La Quinta and Coachella Valley Water District, denied as recommended. BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 #MINUTES City Council June 17, 1986 Page 3. F. Claim for general damages, Julie Kent vs. City of La Quinta and Coachella Valley Water District, denied as recommended. G. RESOLUTION NO. 86-50. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1986, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAW OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. As corrected) H. RESOLUTION NO. 86-51. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF RIVERSIDE TO CONDUCT A GENERAL MUNICIPAL ELECTION TO HE HELD ON TUESDAY, NOVEMBER 4, 1986. 7. HEARINGS A. The Mayor introduced a public hearing regarding a Public Nuisance Abatement, encroachment in the public right-of-way, Lot 1, La Quinta Golf Estates; David G. Strutt S.R. laquinta; Joseph Palozzi, Receiver; and George F. Kossler, Attorney for Receiver, Appellants, and asked the City Attorney to present the Staff report. City Attorney Longtin explained that the La Quinta Golf Estates Homeowners Association would be constructing certain public improve- ments along the east side of Eisenhower Drive, adjacent to the Homeowner's Association property and had surveyed the area for the improvements. The survey had determined that one of the properties, Lot 1, encroached into the Eisenhower Drive public right-of-way. Mr. Longtin reported that Staff had reviewed this matter and had determined that the property actually encroached about 20' into the right-of-way. Included in the encroachment is a fence, a pond and landscaping. Mr. Longtin further stated that the only manner in which the City could correct the problem was by public nuisance abatement, and that since the property in question was in an estate dispute, the owners could not clear the encroachment at this time, which leaves the City with no alternative but to proceed with the abatement order. Larry Stevens, Community Development Director, showed a blueprint to the Council which delineated the encroachment, subject wall and landscaping in question. Mr. Longtin explained that if the Council should act to proceed with this abatement action, it could be timed to coincide with the Eisenhower Drive Improvement Project, and the property owner would be given 14 days from the date of notice to remove the nuisance. Mayor Pena opened the hearing to public comment at 7:45 p.m. Comments were heard from: 1) Mr. Anthony laquinta, current owner of the property in question, explained that he had been unaware of the encroachment until receipt of the City's letter. Mr. laquinta requested that the ordered removal of the wall, landscaping, pond and other encroachments be delayed as long as possible so that his property would not be open to public view. He further stated that upon the City's notification to remove said encroachme,0? he would be happy to do so, but would like to see that action delayed until the project is ready to move forward. BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 #MINUTES City Council June 17, 1986 Page 4. The City Attorney asked Mr. laquinta if he was aware that the pond also encroached into the public right-of-way and would also have to be removed. Mr. laquinta replied that he was aware of this fact1 as of tonight's hearing, and would remove the pond as instructed. Council Member Wolff questioned Mr. laquinta regarding ownership of the lot. Mr. laquinta stated that he was the holder of the grant deed, but was currently undergoing litigation with some ex- partners, and hoped it would be resolved within the next 4-5 years. 2) Morgan Ward, Jr., Director of the La Quinta Golf Estates Associa- tion, Chairman of the Eisenhower Drive Improvement Project, explained that they were willing to coordinate construction of their project with the removal and abatement of the noticed encroachments belonging to Mr. laquinta. Mr. Ward stated they would move forward when their plans were Out of plan check, looking to late July, early August to begin construction. Mayor Pena closed the public hearing. The City Attorney explained that the Council would need to adopt the proposed Resolution, as amended to provide for removal of the wall, landscaping and pond, and to allow the appellant 14 days from date of notice to remove these obstructions, as follows: RESOLUTION NO. 86-52. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARI A CONDITION OF CERTAIN PROPERTY TO BE A PUBLIC NUISANCE AND ORDERi THE ABATEMENT THEREOF LOT 1, LA QUINTA GOLF ESTATES l). Moved by Council Member Bohnenberger, seconded by Council Member Allen, to adopt Resolution No. 86-52. unanimously adopted. B. The Mayor introduced a public hearing regarding a request by Coachella Valley Television for a cable television franchise application; Palmer Communications, Inc., DBA Coachella Valley Television CVTV) Applicant, and asked the City Attorney to prese? a report which outlined the City Council's authority in matters pertaining to cable television regulation. The City Attorney outlined the Council's authority in cable televi?n matters, reported that he had reviewed the Franchise Agreement and?? had made about ten changes to the Agreement, which had been agreed? by CVTV, and explained that he felt it to be a fair document which would provide CVTV with a reasonable economic expectation relative to their capital investment and also provided the City with the maximum control it could have in accordance with the Federal Cable Act of 1984. Mr. Longtin recommended the Council approve the Franchise Agreement and adopt the proposed Resolution, as follows: RESOLUTION NO. 86-53. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVI A CABLE TELEVISION FRANCHISE AGREEMENT WITH PALMER COMMUNICATIONS, INC. CVTV). Upon questioning by Council Member Wolff, the City Attorney advised the Council that upon violation of the terms of the Franchise Agree- ment by CVTV, it would be grounds for termination of the franchise, at which time the City would conduct a hearing and if it was determined that the operation had not complied with the franchise, BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 #MINUTES City Council June 17, 1966 Page 5. that the service had been inadequate, or that the operator does not have or refuses to meet reasonable future conununity needs and interests, the Council would have the power to revoke the franchise. However, Mr. Longtin cautioned the Council that one of these findings must be made, and such an order would be challengable in court, so the Council would have to base their order upon evidence produced and not an arbitrary or capricious determination. The Mayor opened the hearing to public comment, and invited the Applicant to make their presentation. Mr. Stewart Nazarro, President of Coachella valley Television, gave a presentation relative to CVTV.s services, growth and background, and introduced personnel involved on a local level. Mr. Nazarro requested Council approval of a cable television franchise agreement for a period of 15 years. Mr. Jacques Abels, P.O. Box 1416, La Quinta, asked Mr. Nazarro why Dodgervision was not offered this year. Mr. Nazarro responded, and stated that it had not proved economically viable, but that CVTV was working on an Angel/Dodger baseball combo package for this year. Mayor Pena closed the public hearing. Following discussion and some questions by the Council, it was moved by Council Member Bohnenberger, seconded by Council Member Wolff, to adopt Resolution No. 86-53, approving a 15 year cable television franchise with Coachella valley Television, and allowing for a 5% franchise fee pursuant to Federal Law. Unanimously adopted. Mayor Pena adjourned the meeting at 8:34 p.m., for a five-minute break. Mayor Pena reconvened the meeting at 8:42 p.m. C. The Mayor introduced a continued public hearing regarding General Plan Amendment No. 86-011, a request to amend the General Plan Land Use Plan on a 154.5 acre site from High Density Residential to Mixed Use Commercial; and a related request initiated by the City to desig- nate Avenue 48 and Adams Street as the Highway 111 Bypass", and upgrade Adams Street on the Circulation Plan from a Secondary to Primary Arterial; M.B. Johnson Properties, Applicant. The Mayor asked the Community Development Director to present the Staff report. Mr. Stevens presented the Staff report and explained that the Planning Commission had conducted a public hearing on this request on May 13, 1986, and May 27, 1986, with a recommendation 4-1) for approval of the amendments to the Land Use and Circulation Plans in accordance with the Staff recommendation. Mr. Stevens reported that in Staff's opinion, the property was properly associated with the Highway 111 corridor and would have been designated as Mixed Use Commercial at the time of the General Plan approval had the constraint of the previous Isla Mediterranea approval not been in effect. Mr. Stevens recommended approval of the Applicant?s request and adoption of the following proposed Resolution: RESOLUTION NO. 86-54. A RESOLUTION OF THE CITY COUNCIL OF T HE CITY OF LA QUINTA, CALIFORNIA, THE LAND USE ELEMENT OF THE LA QUINTA GENERAL PLAN FOR GENERAL UAN AMENDMENT NO. 86-011. BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 #MINUTES City Council June 17, 1986 Page 6. Following the Staff presentation and questions by the Council, the Mayor opened the hearing to public comment at 8:59 p.m. Comments were heard from the following persons: 1) John Adams, Psomas Associates, 3901 Lime Street, Riverside, project engineer for M.B. Johnson Properties, concurred with the Staff report, findings and recommendations and presented support for the project designation. 2) Mervin Johnson, 44-100 Monterey, Suite 201, Palm Desert, President of M.B. Johnson Properties, explained conceptual plan changes relative to this property and detailed their company's four stage market study being done by Levanthal/Orvath. Mr. Johnson stated that his company would be influenced by these market studies and would expect the property designation to change if community needs fluctuate. 3) Maurice Kurtz, Director of Planning, Archi-Systems of Santa Monica, representing the owners of the Washington Square pro- ject. Mr. Kurtz presented objections to the proposed zone change and Mixed Use Commercial designation. 3) Audrey Ostrowsky, P.O. Box 351, stated that it was probable that The Grove development was selling off a locked parcel which originally had been designated a thoroughfare, and stated that the Council had not been strong in dealing with developers to get good deals for the City. It was moved by Council Member Allen, seconded by Council Member Wolff, to adopt resolution No. 86-54. Unanimously adopted. D. The Mayor introduced a continued public hearing regarding Specific Plan No. 83-001, Amendment No. 3, a request to delete 63 acres and amend the densities on portions of the Specific Plan to allow 1,225 dwellings and six 6) acres of commercial on 180 acres, Landmark Land Company, Applicant, and asked the Community Development Director to present the Staff report. Mr. Stevens stated that the request was the third amendment to the? Duna La Quinta Specific Plan, and was being requested for several reasons: changes to Phase 7, currently known as the Western Proj ec? and subsequent request for General Plan and density changes, which? affected Phase 7. He further explained that the Applicant was requesting a change in Phase 3 density, from three to five dwellinf\) units/acre. Applicant was also requesting that Phase 2 and Phase 5 be considered for a density increase, which both Staff and the Planning Commission had recommended against due to recorded maps in these areas. He further explained that the Applicant was also requesting deletion of Phase 9 of the Duna La Quinta Specific Plan, as required in the approval of the La Quinta Lodge/oak Tree West Specific Plan, in addition to a park delineation which would further delete acreage, accounting for the 63 acre deletion. Mr. Stevens stated that Staff and Planning Commission, in reviewing the proposal, recommend approval subject to a number of conditions. Mr. Stevens then outlined Applicant?s objections to some of the conditions, including size and location of a park dedication site, traffic medians and other details. Mr. Stevens reported that Staf had prepared the following Resolution for adoption, should the Council wish to approve the request, and any changes to conditions would be addressed by in the conditions attached to the Resolution, r?vised. BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 #MINUTES City Council June 17, 1986 Page 7. RESOLUTION NO. 86-55. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING WITH CONDITIONS, SPECIFIC PLAN NO. 83-001, AMENDMENT NO. 3 DUNA LA QUINTA) FOR CERTAIN PROPERTY IN THE CITY. The Mayor asked the Applicant to present their report. Kevin Manning, Landmark Land Company, reviewed Conditions of Approval, and commented on condition nos. 8.A., 8.B., 9., 10., 11.C. & E., 12., and 14. The Mayor Opened the hearing to public comment. Hearing no comment, the Mayor closed the hearing. Following questions and discussion by the Council, it was moved by Council Member Bohnenberger, seconded by Council Member Cox, to adopt Resolution No. 86-55, as follows: RESOLUTION NO. 86-55. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING WITH CONDITIONS, SPECIFIC PLAN NO. 83-001, AMENDMENT NO. 3 DUNA LA QUINTA") FOR CERTAIN PROPERTY IN THE CITY. Roll Call Vote: AYES: Council Members Allen, Bohnenberger, Cox, and Mayor Pena. NOES: Council Member Wolff. ABSENT: None. ABSTAIN: None. Mayor Pena announced that the Council would adjourn for the purpose of a five-minute break at 10:30 p.m. Mayor Pena reconvened the meeting at 10:40 p.m. E. The Mayor introduced a continued public hearing regarding an Amendment to text of the Municipal Land Use Ordinance by adding the Special Residential Single-Family Zone", City Initiated. The Mayor opened the hearing to public comment. Hearing nQ Comment, the Mayor closed the public hearing. It was moved by Council Member Bohnenberger, seconded by Council Member Cox, to continue Item 7.E. to July 1, 1986. Unanimously adopted. F. The Mayor introduced a continued public bearing regarding Change of Zone No. 86-022, a request to approve a rezoning to Special Residential" to provide for General Plan and zoning consistency, located in generally the Cove area and areas east of Washington Street in the vicinity of Avenue 50 and Calle Tampico, City Initiated. The Mayor Opened the hearing to public comment. Hearing no Comment from the public, the Mayor declared the hearing closed. Moved by Council Member Bohnenberger, seconded by Council Member Cox, to continue Item 7.F. to July 1, 1986. Unanimously adopted. 8. BUSINESS SESSION A. It was moved by Council Member Allen, seconded by Council Member Wolff, to continue Item 8.A. to July 1, 1986, and direct Staf? notify all Planning Commission applicants to appear at the Cour??l study session of June 30, 1986. Unanimously adopted. BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 #MINUTES City Council June 17, 1986 page 8. B. The Mayor announced that a revised copy of Item 8.B. had been prepared and presented to the Council for consideration. It was moved by Council Member Cox, seconded by Council Member Bohnenber? to adopt the proposed Resolution, as revised, as follows: RESOLUTION NO. 86-56. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE COMMUNITY DEVELOPMENT ELEMENT OF THE LA QUINTA GENERAL PLAN FOR GENERAL PLAN AMENDMENT NO. 66-009. Unanimously adopted. Audrey Ostrowsky, P.O. Box 351, La Quinta, addressed the Council regarding free enterprise, but urged the Council to curb interests of large developers within the City, and asked the Council for equality for residents and citizens. C. The City Manager read the title of a proposed Ordinance, as follows: PROPOSED ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FOR THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 65-020. Moved by Council Member Cox, seconded by Council Member Bohnenberger, to waive further reading and introduce the proposed Ordinance. Roll Call Vote: AYES: Council Members Allen, Bohnenberger, Cox and Mayor Pena. NOES: None. ABSENT: None. ABSTAIN: None. D. The Community Development Director presented a report regarding Award of Bid No. 86-003, Street Improvements on Avenue 50 and Park streets, and recommended bid award to Massey Sand & Rock Indio, in the amount of $138,366.00. Moved by Council Member Wolff, seconded by Council Member Cox, to award Bid Specification No. 86-003 to Massey Sand & Rock, in the amount of $138,366.00. Unanimously adopted. 1 E. The Mayor asked the City Attorney to present a report regarding r\) transfer of City Manager authority and duties during the interim period between the resignation of City Manager Frank Usher and formal assumption of duties by the new City Manager. The City explained that it was the consensus of the Council, following discussion at their study session, and upon the advice of the City Attorney, to designate the Mayor to act in the capacity of City Manager, with delegation of daily duties to the Deputy City Manager. The City Attorney reported that if the Council wished to do this, they should formally authorize the Mayor to act in the executive capacity of City Manager, with delegation of duties to the Deputy City Manager, and should do so by formal motion. BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 #MINUTES City Council June 17, 1986 page 9. It was moved by Council Member Cox, seconded by Council Member Bohnenberger, to authorize the Mayor to act in an executive capacity as City Manager during the interim period until the new City Manager assumes duties, with delegation of daily duties and functions to the Deputy City Manager. Unanimously adopted. 9. ADJOURNMENT Moved by Council Member Bohnenberger, seconded by Council Mernber Cox, to adjourn to a personnel session to be held at 12:00 p.m., Wednesday, June 18, 1986, at City Hall. unanimously adopted. The regular meeting of the City Council was adjourned at 11:00 pm., Tuesday, June 17, 1986, at City Hall, 78-105 Calle Estado, La Quinta, California. BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02 BIB] 02-27-96-U01 02:44:23PM-U01 CCMIN-U02 06-U02 17-U02 1986-U02