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1986 08 05 CC Minutes#5 MINUTES CITY COUNCIL CITY OF LA QUINTA A regular meeting of the La Quinta City Council held at City Hall, 78-105 Calle Estado, La Quinta, California. August 5, 1986 7:30 p.m. 1. CALL TO ORDER Mayor Pena called the La Quinta City Council meeting to order at 7:30 p.m. 2. ROLL CALL Present: Council Members Allen, Bohnenberger, Cox? Wolff and Mayor Pena. Also Present: City Manager Kiedrowski, City Attorney Longtin, Deputy City Manager Jennings, Community Development Director Stevens and Community Safety Director Hirdler. 3. PUBLIC COMMENT A. Audrey Ostrowsky, P.O. Box 351, La Quinta, urged the City Council to undertake disaster preparedness plans, particularly relative to earthquakes. 4. WRITTEN COMMUNICATIONS 5. COMMENT BY COUNCIL MEMBERS A. Council Member Wolff reported that he would not seek reelection at the November 4, 1986, General Municipal Election and thanked supporters who had urged him to run for office. 6. CONSENT CALENDAR A. Moved by Council Member Allen, seconded by Council Member Bohnenberger, to adopt the Consent Calendar, as corrected. ROLL CALL VOTE: AYES: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena. NOES: None. ABSENT: None. ABSTAIN: None. A) The Minutes of July 1, 1966, were approved, with a correction to Item 9., noting the time of adjournment as 8:42 p.m. 91 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 #5 MINUTES City Council August 5, 1986 page 2. B) The Minutes of July 15, 1986, were approved, with a correction to Item 8.A., deleting the word annual'? in the first paragraph. C) RESOLUTION NO. 86-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEMANDS. D) Approval to record Final Tract Map No. 21381-3, Sunrise Company, Applicant, as submitted. E) Approval of a request for authorization of attendance by the Chief Bldg. Inspector for out-of-state conference attendance September 14-19, 1986. F) An Employment Agreement between the City and Ronald L. Kiedrowski for performance of the duties of City Manager was approved as submitted. G) An agreement for public liability claims administration between the City and CARL WARREN & CO., effective May 1, 1986, through April 30, 1987, was approved as recommended. H) A lease agreement between the City and Richard L. Deman for expansion of City Hall facilities was approved as recommended. I) Award of Bid Specifications No. 86-004, Palm Tree Trimming, for $6,070.00 to Accurate Maintenance Co., as recommended. J) Award of Bid Specifications No. 86-005, purchase of a one-ton dump truck, for $17,107.73, to Plaza Motors/GMC CD of Palm Springs, as recommended. 7. HEARINGS 0 1 A. The Mayor introduced a public hearing regarding I\) assessment of residential parcels within the City for the purpose of refuse collection, and asked the Deputy City Manager to present the Staff report. Ms. Jennings explained that a report had been filed with the Council containing a description of each real property parcel in the City to receive City-furnished refuse collection services, and reported that the charges for 1987 represented an increase of $2.10 per year, which includes a 10 per month dump surcharge increase. Ms. Jennings recommended adoption of a proposed urgency Ordinance establishing rates for refuse collection and adoption of a proposed Resolution approving and adopting the report filed prescribing the charges for residential T91 parcels for City-furnished refuse collection for 1987 and directing that such charges be collected on the tax roll. BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 #5MINUTES city Council August 5, 1986 page 3. The Mayor opened the hearing to public comment. Hearing none, the Mayor closed the hearing, and opened the meeting to Council discussion. The Mayor asked the Deputy City Manager to read the title of the proposed Ordinance. ORDINANCE NO. 94. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE RATE FOR INDIVIDUAL RESIDENTIAL REFUSE PICKUP AND DISPOSAL SERVICE, AND ELECTING To HAVE CHARGES PAYABLE FOR SUCH SERVICES COLLECTED ON ThE TAX ROLL PURSUANT TO SECTION 5473 OF THE HEALTH AND SAFETY CODE. Moved by Council Member Bohnenberger, seconded by Council Member Wolff, to waive further reading and adopt Ordinance No. 94. Roll Call Vote: AYES: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena. NOES: None. ABSENT: None. ABSTAIN: None. RESOLUTION NO. 86-69. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIF- ORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHARGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED REFUSE COLLECTION IN 1987 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLL. Moved by Council Member Wolff, seconded by Council Member Bohnenberger, to adopt Resolution No. 86-69. Unanimously adopted. B. The Mayor introduced a public hearing regarding assessment residential parcels within the City for the purpose of public nuisance abatement and lot clearing, and asked the Community Safety Director to present the Staff report. Mr. Hirdler explained the purpose of the hearing and reported that no communications had been received. Mayor Pena opened the hearing to public comment. Hearing none, the Mayor closed the public hearing and opened Council discussion. Moved by Council Member Cox, seconded by Council Member Wolff, to adopt Resolution No. 86-70, as follows: RESOLUTION NO. 86-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. 91 Unanimously adopted. BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 #5 MINUTES city Council August 5, 1966 Page 4. 8. BUSINESS SESSION A. The Mayor read the title of a proposed Ordinance, as follows: ORDINANCE NO. 94. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIF- ORNIA, AMENDING THE MUNICIPAL LAND USE ORDINANCE NO. 348 BY ADDING THE SPECIAL RESIDENTIAL SINGLE-FAMILY ZONE'?. Moved by Council Member Bohnenberger, seconded by Council Member Cox, to waive further reading and adopt Ordi- na?ce No. 94. Roll Call Vote: AYES: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena. NOES: None. ABSENT: None. B. The Mayor read the title of a proposed Ordinance, as follows: ORDINANCE NO. 95. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIF- ORNIA, AMENDING THE OFFICIAL ZONING MAP FOR THE CITY, BY REZONING CERTAIN PROPERTY REFERRED To IN CHANGE OF ZONE NO. 86-022. Moved by Council Member Wolff, seconded by Council Member Bohnenberger, to waive further reading and adopt Ordinance No. 95. Roll Call Vote: AYES: Council Members Allen, Bohnenberger, Cox, Wolf f and Mayor Pena. NOES: None. ABSENT: None. C;) C C. The Mayor read the title of a proposed Ordinance, as ul follows: ORDINANCE NO. 96. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIF- ORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE RELATING To CONSTRUCTION SITE SECURITY AND DEBRIS. Moved by Council Member Allen, seconded by Council Member Bohnenberger, to waive further reading and adopt Ordinance No. 97. Roll Call Vote: AYES: Council Members Allen, Bohnenberger, Wolff and Mayor Pena. 9J NOES: None. ABSENT: None. BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 #5MINUTES City Council August 5, 1986 Page 5. D. The Mayor 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 TITLE 8 BUILDING AND CONSTRUCTION) THE LA QUINTA MUNICIPAL CODE BY ADDING TO REGULATIONS RELATING TO TELEPHONE JACKS AND TELEVISION CABLE OUTLETS IN NEW RESIDENCES. Moved by Council Member Wolff, seconded by Council Member Cox, to waive further reading and introduce the proposed Ordinance. Council Member Wolff stated that he felt the ordinance should only require wiring for cable, not outlets, which he felt would be an unnecessary expense and result in additional charges from the cable company. Mr. Wolff amended his motion to state that *`all habitable rooms in a dwelling unit shall be wired for telephone and cable outlets. Further discussion occurred regarding the necessity for change to the ordinance, as proposed. The City Attorney suggested a wording change which would be inserted at the beginning of paragraphs a. and b., stating To provide for", and striking the words be provided9'. Council Member Wolff amended his motion to reflect the language suggested by the City Attorney, and Council Member Allen expressed agreement to the motion as amended. Eugene Stormy" Fairweather, an ernployee of GTE, clarified how charges are made. He stated that customers pay only for only those outlets used and actually connected by the cable or telephone company. Council Member Bohnenberger urged the Council to approve the ordinance, but asked that Staff contact the television company to clarify their charging rnethods. Motion as amended was unanimously adopted. E. The Mayor read the title of a proposed Ordinance, as follows: PROPOSED ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL CITY OF LA QUINTA, CALIFORNIA, AEENDING THE MUNICIPAL CODE RELATING TO REGULATION OF SPECIAL SALES TWENTY. The Community Safety Director presented the Staff report and reported that the proposed Ordinance would regulate primarily garage sales and impose a fee of $10.00 per sale. Following Council discussion, pro and con, the City Manager withdrew the proposed Ordinance from the Agenda for further study and review by Staff. Council Member Bohnenberger requested that the ordinance be discussed at the next Study session. 991 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 #5 MINUTES City Council August 5, 1986 Page 6. F'. Sandy Bonner, Principal Planner for the City, presented a report regarding manuals on Architectural and Landscaping Standards for the S? Zone, and reported that the Planning Commission had adopted these manuals July 22, 1986. Ms. Bonner explained that the Planning Commission had approved the manuals July 22, 1966, and Staff would be making a minor change on Page 8 of the Architectural Design Standard Manual, pertaining to use of wood as an exterior building material. Text will be modified to indicate that wood may be used for more than accent or design material with Planning Commission approval. Council Member Allen thanked Ms. Bonner for her work on the design manuals. Moved by Council Member Bohnenberger, seconded by Council Member Allen, to approve the manuals on Architectural and Landscaping Standards for dwellings in the SR zone. Unanimously adopted. G. The City Attorney presented a report to the Council regarding referenda petitions against resolutions 66-55 and 86-56, which included the background prior to submission of the petitions to the City Clerk on July 16, 1986. Mr. Longtin explained in detail the actions on the three legal actions, including the referenda petition against Ordinance No. 93, all actions which related to the apartment project proposed by the Western Corporation. Mr. Longtin explained that he was advising the City Clerk to reject all the petitions because of a recent court case in which the court held that petitions were invalid if they did not include the text of the resolution or ordinance being referended Elections Code 4052). Mr. Longtin therefore recommended the City Clerk reject the petitions pursuant to his opinion and return CD the original petitions to the person who submitted them to the City. 0 Council Member Wolff expressed concern regarding what he felt was a vague piece of legislation, and expressed his disappointment relative to the City Attorney's decision, and expressed his hope that the citizens who filed the petitions found some other way to stop the project. Council Member Wolff moved that the three issues upon which the referenda were drawn, be brought to an election in November by voluntary action of the City Council, without being forced into it by the referenda. Motion died for lack of a second. Council Member Bohnenberger explained his opposition to the motion, and said he did not feel that the majority of the citizens were in favor of the referenda, an 9J opinion which he based on prior years petitions BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 #5 MINUTES City Council August 5, 1986 page 7. H. The City Manager reported that the City had formed a duly constituted panel, and the panel had made a recommendation regarding hiring of a Planning Director. Mr. Kiedrowski explained that he had made an offer to the person selected, which had been accepted by Mr. Murrel Crump. Mr. Kiedrowski stated that Mr. Crump would assume his duties August 18, 1986. 9. OURNME??T LD Moved by Council Member Cox, seconded by Council Member C Wolff, to adjourn to an Executive Session to be held Thursday, August 14, 1986, at City Hall. m unanimously adopted. The regular meeting of the City Council of the City of La Quinta, California, was adjourned at 8:19 p.m., Tuesday, August 5, 1966, at City Hall, 78-105 Calle Estado, La Quinta, California. BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02 BIB] 02-27-96-U01 02:47:52PM-U01 CCMIN-U02 08-U02 05-U02 1986-U02