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1986 12 02 CC Minutes#l 197 MINUTES A regular meeting of the La Quinta City Council held at City Hall, 78-105 Calle Estado, La Quinta, California December 2, 1986 7:30 p.m. 1. CALL TO ORDER Mayor Hoyle called the La Quinta City Council meeting to order at 7:30 p.m. 2. ROLL CALL LI Present: Council Members Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. Also Present: City Manager Kjedrowski, Planning Director Crump, Finance Director Harvey, Community Safety Director Hirdler, Administrative Services Director Jennings, Secretary Nazzaro. 3. CONFIRMATION OF AGENDA Moved by Councilmember Bohnenberger, seconded by Councilmember Pena, that item 8.b. be taken out of sequence in order that the Colmac representative could leave after her presentation. Unanimously adopted. 8. A. Continued discussion regarding CVAG Resolution No. 87-1: Opposition to the Construction and Operation of the proposed Colmac Energy Biomass Plant. Presentation by Colmac representative). Ms. Sandy Walker, Colmac, explained that her attendance was to introduce the energy project to the Council, having brought printed materials for their review. She added that she had made presentation to the CVAG Energy & Environment Subcommittee and now requested to make a formal presentation before the Council in January. It was agreed by Council for a formal presentation to be made at the second study session in January January 19, 1987). 4. PUBLIC COMMENT A. Jacque Abels, P.O. Box 1416, La Quinta, CA., stated as Director, Coachella valley Parks & Recreation District, he would continue to keep the City Council informed on items which are being discussed/planned for La Quinta, and that plans for additional improvements for the park will be brought before Council in the near future. Councilmember Bohnenberger commended the Parks District for the work done to date at the park.) BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l198 Minutes City Council December 2, 19Page Two B. John Bund, 54865 Avenida Alvarado, La Quinta, CA., stated he felt that there is a communication problem between the City and its citizens. He explained that he had written a letter on November 7th, hand delivered it to the building department on the 10th, and has yet to receive a reply. He asked that the letter be provided to the City Council for their edification and response. C. Mr. Louis Campagna, La Quinta Pharmacy, La Quinta, CA., reported that he and several LaQuintans would like to put up a Merry Christmas" banner across Tampico and perhaps Montezuma, and asked if the City could erect two permanent type poles for City uses of this type now and in the future. 5. COMMENT BY COUNCIL MEMBERS A. Mayor Hoyle cited Mr. Bund's comments, stating that this problem had been discussed at the previous day's study session, and thanked Mr. Bund for reporting his situation as a matter of public record. B. Councilmember Bohnenberger announced that a Highway ill Specific Plan meeting would be held on Thursday, December 11th, 7:00 p.m., at City Hall, and invited all interested persons' attendance. ** Out of sequence public comment see 4.C, above ** C. Councilmember Pena reminded all to attend the Christmas Tree Lighting Ceremony to be held on Thursday, December 4th, at the La Quinta Hotel. He then reported that the four-way stop sign has been completed at Jefferson and Avenue 52. 6. HEARINGS Public Hearing Weed/Public Nuisance Abatement. APPLICANT: City Initiated. LOCATION: City-Wide. PROJECT: Public Nuisance Abatement/Lot Clearing Assessment. Mrs. Trudie Smith, 443 South Crescent Drive, Beverly Hills, CA., commented on her La Quinta property regarding the cost of 25 man-hours to clear three 3) trees from her property, and that it appeared to her that the debris was then dumped on the adjoining lot. The City Council reviewed the file on Mrs. Smith's property BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l 199 Minutes City Council December 2, 1986 Page Three Moved by Councilmember Bohnenberger, seconded by Councilmember Sniff, to release Mrs. Smith from the abatement list thereby waiving the $254.38 fee charged, due to her personal situation during the time of abatement notification. ROLL CALL VOTE: AYES: Councilmembers Bohnenberger, Sniff. NOES: Councilmembers Cox, Pena, and Mayor Hoyle. LI ABSTAIN: None. m Moved by Councilmember Sniff, seconded by Councilmember Pena, to adopt Resolution No. 86-96. ROLL CALL VOTE: AYES: Councilmembers Cox, Pena, and Mayor Hoyle. NOES: Councilmembers Bohnenberger, Sniff. ABSTAIN: None. 7. WRITTEN COMMUNICATIONS None. 8. BUSINESS SESSION A. ORDINANCE NO. 103. AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL) OF THE LA QUINTA MUNICIPAL CODE. Moved by Councilmember Pena, seconded by Councilmember Sniff, to waive further reading and introduce Ordinance No. 103, amending Title 2 Administration and Personnel) of the La Quinta Municipal Code. ROLL CALL VOTE: AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. NOES: None. ABSTAIN: None. Councilmember Bohnenberger asked that at the City Council meeting which Ordinance No. 103 is offered for adoption, that outgoing City of La Quinta Treasurer Becky Kochell be cited for her four years of service to the City. City Manager Kiedrowski replied that a ceremony would be planned. BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l200 Minutes City Council December 2, 1986 Page Four Continued discussion of CVAG Resolution No. 87-1: Opposition to the Construction and Operation of the Proposed Colmac Energy Biomass Plant. Presentation by Colmac representative Sandra Walker taken out of sequence to spare speaker inordinate waiting time. Moved by Councilmember Pena, seconded by Councilmember Cox, to Continue discussion of CVAG Resolution No. 87-1 to the second study session of January January 19, 1987). Unanirnous ly adopted. C. Discussion of new State School Fee Program. Motion to suspend Resolution No. 84-14) City Manager Kiedrowski explained the motion on floor to suspend Resolution No. 84-14 and the resolution of the Coachella valley Unified School District. City Attorney Longtin advised on the proper motion to be made. Moved by Councilmember Pena, seconded by Councilmember Sniff, to suspend both resolutions on school fees from January 1, 1987 until the provisions of Chapter 887 of Statute 86 are repealed by operation of law. Unanimously adopted. Mayor Hoyle explained to citizens present that the school district will take over the responsibility of billing for the school district. City Attorney Longtin further advised that as of January 1, 1986 by state legislation, the school district is required to directly set the school impact fee for new development as opposed to the City, and the City is suspending its present resolutions when the new law goes into effect, however, those resolutions may come back into effect if for some reason that law is repealed. D. Award of Bid No. 86-008-Construction of Traffic Signal and Safety Lighting at the Intersection of Washington Street/Highland Palms City Manager Kiedrowski explained the staff report recommendation as two parts: 1) that Council transfer $63,000 in funds from Account No. 4813-145-000 Washington at Avenue 50 Traffic Signal) and establish an account for the Washington Street at Highland Palms Drive Traffic Signal; and 2) that Council award Bid No. 86-008 to Paul Gardner Corporation of Ontario, CA in the amount of $52,763.00. BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l 2u?1 Minutes City Council December 2, 198E Page Five Moved by Councilmember Cox, seconded by Councilmember Sniff, to transfer $63,000 in funds from Account No. 4813-145-000, and award Bid No. 86-008 to Paul Gardner Corporation as recommended. ROLL CALL VOTE: I AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. LI NOES: None. m ABSTAIN: None. For the record, Mayor Hoyle expressed his disfavor in allocating the amount of monies at this time within the fiscal year. E. Consideration and approval of City/Staff Reorganization. City Manager Kiedrowski explained Ralph Anderson and sociates' recommendations for the City staff reorganization, and suggested that they could be scheduled for the next study session to present their final report. It was requested by Councilmember Sniff that they be present at the next regularly scheduled City Council meeting in the interest of public information purposes. Moved by Councilmember Bohnenberger, seconded by Councilmember Cox, to approve the recommended organizational structure and instruct the City Manager to begin its implementation. Unanimously adopted. Mayor Hoyle directed City Manager Kiedrowski to insure that media is advised of reorganization changes so the public is aware of the City's organization progress. F. Request for approval of contract with Ralph Anderson & Associates for executive recruitment of Public Works Director/City Engineer City Manager presented Ralph Anderson & Associates' contract and and fee schedule, and requested authorization for their retention. Moved by Councilmember Sniff, seconded by Councilmember Pena to approve an agreement for professional services between the City and Ralph Anderson & Associates to perform an executive recruitment for the position of Public Works BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l202 Minutes City Council December 2, 1986 Page Six Director/City Engineer at a cost not to exceed $9,000.00 plus out of pocket expenses and authorize the City Manager to execute the contract on behalf of the City. ROLL CALL VOTE: AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. NOES: None. ABSTAIN: None. G. Request from Lawrence 0. Allen for reimbursement of salary costs. City Manager Kiedrowski read from a memorandum addressed to the Mayor and City Council from former Councilmember Lawrence Allen regarding his nonacceptance of Council fees since July of 1983 because of a misunderstanding regarding his disability pension, and therewith requested retroactive payment of those fees. City Attorney Longtin advised the validity of Mr. Allen's claim, confirming the claim is within the statute of limitations four years). Moved by Councilmember Bohnenberger, seconded by Councilmember Cox, to approve reimbursement of salary costs to Lawrence 0. Allen for the period July, 1983 November, 1984. ROLL CALL VOTE: AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. NOES: None. ABSTAIN: None. H. Award of bid for demolition project: Public Nuisance Abatement, encroachment in the public right-of-way, Lot 1, La Quinta Golf Estates; David G. Strutt & S. R. Joseph Palozzi, Receiver; and George F. Kossler, Attorney for Receiver. Community Safety Director) City Manager Kiedrowski reported that two bids had been received. He suggested that a late bid received after the official closing date be stricken since the two bids were BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l 13? Minutes City Council December 2, 1986 Page Seven then a matter of public record, and recommended the lower of the two bids in the amount of $3,975 by Demo, Unlimited be awarded. City Attorney Longtin advised that the property owners of record are David Strutt and S.R. laquinta, and George Kossler, attorney for Joseph Polazzi, Receiver of the property under a trust deed, has notified the City that Cr) there is a dispute as to ownership of the property. Rtehe further explained the procedure: that the City notifies m parties involved that the claim and interest in the property are of record and when the assessment hearing is set the parties are noticed. After the Council confirms the hearing there will be an opportunity for payment to be made. If not paid it then becomes a lien against the property which is reflected on the tax record and if not paid within a year the property is foreclosed and whoever owns the property has the obligation to pay. Moved by Councilmember Bohnenberger, seconded by Councilmember Sniff, to award to the lowest bidder, Demo Unlimited. Unanimously adopted. Mayor Hoyle adjourned the meeting to a ten-minute break at 8:35 p.m. Mayor Hoyle reconvened the meeting at 8:50 p.m. 9. COMMISSIONS AND COMMITTEES A. Planning Commission minutes. City Manager Kiedrowski explained the minutes had not been formally approved by the planning commission and were provided to Council as information only. 10. CONSENT CALENDAR Moved by Councilmember Cox, seconded by Councilmember Pena, to adopt the Consent Calendar. Unanimously adopted. A. Approval of Minutes, City Council. November 18, 1986) B. RESOLUTION NO. 86.97. APPROVING DEMANDS. C. Claim Rejection Betty Leigh Hartz v. City of La Quinta, for property damages in the amount of $372.75. D. Claim Rejection Application for Leave to File Late Claim Grigg Automotive Mf g., v. City of La Quinta, injury to personal property in the amount of $17,799.50. BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l138 Minutes City Council December 2, 1986 Page Eight 11. REPORT OF OFFICERS A. City Manager Kiedrowski reported on the group medical insurance plan, noting in particular that this plan does not cover pre-existing conditions, and that his asthma was considered by the insurance company as a pre-existing condition. He requested reimbursement for medical costs he was forced to bear since his arrival to La Quinta and asked that he be authorized to investigate the existing City plan with other plans. Moved by Councilmember Cox, seconded by Councilmember Pena, for 1) the City to disclose in the hiring process of the potential risk each newly hired person may face; and 2) to provide a safety net for each employee for the first year of employment which either fully reimburses or shares in the expenses of the excluded necessary medical occurrences. Moved by Councilmember Pena, seconded by Mayor Hoyle, to cover 80% of the medical costs incurred by the City Manager 5 existing condition, based on normal coverage of the group plan, until March 1, 1967 for Council review. ROLL CALL VOTE: AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. NOES: None. ABSTAIN: None. B. City Attorney Longtin explained three changes made in the Hrown Act regarding the posting of agendas, public comment, and violations/judicial remedies, and introduced Resolution No. 86-98, A Resolution of the City Council of the City of La Quinta implementing 1986 amendments to the Brown Act. City Manager Kiedrowski explained that this resolution was to be adopted as an interim mandate to be in effect as of January 1, 1987. He referred to an Ordinance No. 82-14, Council Rules of Procedure, adopted in 1982, to which several amendments have been made and is now under review by the City Attorney to be updated along with Resolution No. 86-98 and be formatted into one, basic, rules and procedures ordinance and to once again be one document.) Moved by Councilmember bohnenberger, seconded by Councilmember Cox, to approve Resolution 86-98, as an interim measure, with the time period blanks to be filled ir with 30 minutes total for public testimony, five minutes per BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l 135 Minutes City Council December 2, 1986 Page Nine speaker for public comment, and amended to reincorporate the posting of agendas in three locations within the City from Ordinance No. 82-14, Rules of Procedure). Unanimously adopted. C. City Manager Kiedrowski reported further in regard to the appointments made at the previous Council meeting to various CVAG committees, and in particular the Housing Committee Cr) pending notification of the time the meetings were held. He informed the Council that there was to be a 3:30 p.m. m meeting of the Housing Committee the next day, suggesting it be discussed as to who would be able to attend these afternoon meetings. Councilmember Bohnenberger offered to chair the committee if the meeting could be moved to 5:00 p.m. In the interim, Principal Planner Herman was appointed to attend the Wednesday afternoon meeting and report to Council. D. City Manager Kiedrowski offered for Council review a memorandum of October, 1986 regarding various options on the interaction and joint meetings of the City Council and Planning Commission on which no action had been made. The City Manager to schedule this item for the next study session for Council discussion. Mayor Hoyle requested that remuneration to officials attending these additional meetings be discussed also at that time. E. Planning Director Crump reported on a Design Charette, an interview with community leaders beginning with the City Council members at 1:00 p.m., Saturday, December 6th, at City Hall Council Chambers, and ending Sunday, December 7. Additionally, he reported on the status of the construction announcement sign at La Quinta School site which had been previously directed by Council. F. City Manager Kiedrowski requested that Resolution No. 82-31, A Resolution of the City Council authorizing the City Manager to accept and consent to deeds or grants conveying any interest in or easement upon real estate to the City of La Quinta, be listed for the next study session for Council discussion. G. No further reports heard. BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 #l136? Minutes City Council December 2, 1966 Page 10 12. ADJOURNMENT Moved by Councilmember Bohnenberger, seconded by Councilmember Cox, to adjourn to an Executive personnel session directly following the regularly scheduled Redevelopment Meeting of Tuesday, December 2, 1986. The adjourned regular La Quinta City Council meeting held Tuesday, November 18, 1986, was adjourned at 9:35 p?m. at City Hall, 78-105 Calle Estado, La Quinta, California. BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02 BIB] 02-27-96-U01 02:57:55PM-U01 CCMIN-U02 12-U02 02-U02 1986-U02