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1985 07 23 CC Minutes# MINUTES CITY COUNCIL CITY OF LA QUINTA A regular fleeting of the City Council held at City Hall, 78-105 Calle Estado, La Quinta, California. July 23, 1985 7:30 p.m. 1. CALl TO ORDER Mayor Cox called the La Quinta City Council Ireeting to order at 7:34 p.in. A. The flag salute was led by Art Gault. 2. IL CALL Present: Coui,cil M??rs Allen, Bohnenerger, Pena, lff, and Mayor Cox. Absent: None. Also Present: City Manager Usher, City Attorney Longrin, Ca??ity Developr?nt Director Stevens, C?rt???ity safety Coordinator Hirdler, and Admmistrative Services Coordinator Jennings. 3. PUBLIC A. Mr. Earle Ellson, 80-082 Palm Circle Drive, La Quinta, President of the La QQinta Charrber of Coererce, reported that the ayrber was in the process of intervieiing and hiring personnel. They are looking for a site for the er, and will be setting goals and priorities soon. Mr. Ellson invited everyone to the scheduled mixers' the sponsors. B. Ms. Audrey Ostrowsky, P.O. Box 351, La Quinta, C?IT?ted On the open sewer" and questioned why the City of La Quinta had not responded to the Situation. Mr. Usher responded that La Quinta was not naeed as a defendant in the suit filed by the City of Coachella that Ms. Ost?sky rr?ntioned and explained that the facility referred to was only an interizn facility until the Mid-valley plant is c?rpleted. C. Mr. Ron Webster, 78-477 Highway 111, La Quinta, asked the Council for assist- ance and a written response regarding the sign he applied for the Plaza Cafe. He felt that his srr,?l business had been discriminated against and an injustice done. Mr. Stevens responded regarding the process of a sign approval and stated that the Plaza Cafe sign was not consistent with the architectural standards of the shopping center. Council Allen stated that the businesses need visibility and that the Council should assist th? in getting it. Council i?r lff asked m?ny questions and it was agreed that the Council would look into the matter privately and respond to Mr. Webster. BIB] 02-29-96-U01 11:49:39AM-U01 CCMIN-U02 07-U02 23-U02 1985-U02 #MINU'T?S City Council July 23, 1985 Page C. Mr. Noraan Cady, 54-040 Avenida Rubio, La Quinta, requested advice fr?n the Council regarding his flatbed truck for which he received a ticket recently. He stated that it is l?l0" over the length allowed in a residential area, that it is not a contractor S truck, it is his only rrode of transportation, he needs imeediate access to it since he is a neeber of the India unted Posse and it is utilized for horses and rescues, and he has no alternative place to park it at night. Mayor Cox stated that Mr. Cady is in violation of the vehicle ordinance at this time but that the Council ould discuss the matter and get back to Mr. Cady. 4. WRI? C?MjNICATICNS A. A Written c?TTTTL?ication fr?? A R. Cablay regarding his resignation from the La Quinta Traffic Safety Cannittee was received and filed B. A Written c?r??cation was received from Jimmy?? Riddell regarding the nurr?er of cable T?T outages in the La Quinta area. Staff will send a letter to Coachella Valley Television inquiring about the poor service in the area and send a copy to Mr. Riddell C. A Written c?rrrocication was received fr? Dorothy Becker and Joe Connors, representing Citizens for La Quinta Cove, regarding Council actions and ccccents. Mr. lff responded to the cocounication by stating that his acceptance of tennis tourna?t tickets valued at $230 was entirely legal, he had checked prior to accepting them with both the City Attorney and the Fair Political Practices Ca??ssion. This gift from a developer was typical far elected officials and does not preclude him from voting an any matter relating to Lafldrk. He expressed concern that a saall group of people, not concerned with issues of the City, are trying to discredit the Council err?s and disrupt the City. Mr. Allen c?TTm?ted that Mr. Wolff was not always in agreeeent with requests from daark, and that people who accuse should have their facts straight. Mayor C? stated that the Council does not and cannot censure other Council M??rs who are not in violation of the law, and that this Council rigidly practices staying within the guidelines of the law. 5. BY COUNCIL MEXEERS A. Mr. Allen suggested that burr?s be installed prior to stop signs on Avenue 50, 52, and Jefferson in hopes of alleviating the nun?er of fatalities caused by people not stopping for the signs. He had discussed this with Mayor Coba of Coachella and requested that he be able to follow-up on this idea with other cities and the County of Riverside. It was the consensus of the Council that this was a good idea and Mr. Allen should proceed. B. Mayor Cox displayed the posters made by La Quinta children in the p?y Program sponsored by City Hall. BIB] 02-29-96-U01 11:49:39AM-U01 CCMIN-U02 07-U02 23-U02 1985-U02 #MINUTES City Council July 23, 1965 Page Three Mayor Cox also Spoke of a prggrain being developed by the California Youth Authority, Cr?s Against Seniors", that she planned to attend. 6. CAINDAR b'bved by Council Allen and seconded by Council BOhnenberger to approve the Consent Calendar as su?tted. Roll Call Vote: AYES: Council Mae?s Allen, Bohnenberger, Pena, Wolff, and Mayor COX. NOES: None. ABS??: None. A. Approval of the Minutes of a regular rr?eting the City Council held July 2, 1985 were approved as s??tted. B. RESOUJ'?ICN NO.85-61. A RESOLUTION OF ThE CIT'Y CC?CIL OF ThE CITY OF LA QUINT??, CAL?RNIA, APP?G D?S. 7. HE??RINGS A. Mayor Cox declared the public hearing re?pened for the Valdivia public nuisance appeal. Couuunity safety Coordinator Hirdler gave a report and rec?mmnded that further rk be done on the Valdivia property. ccounity Developeent Director Stevens also gave a report on the Valdivia appeal regarding fences as accessories. b'bved by Council r Pena and seconded by Council M?tter Bohnenberger that a fence will not be interpreted as an accessory use or structure. Unani[r?us1y adopted. Ms. Barbara Valdivia, applicant, stated that everything relating to her S business had been r?ed. The PVC was stored behind the block for future use in a sprinkler syst?. The steel cabinet will go to the d?irp as soon as their truck is repaired and the rock on the City right?f-way is not theirs. She stated that it was there when they bought the lot and had come fr?n soce construct ian don the street. Mayor Cox closed the public hearing at 8:31 pm. b'bved by Council 01ff and seconded by Council Bohnenberger that it be determined that the refuse, trash debris, old tires and metal cabinet be r?r?ved within 10 days. Motion passed with Council Allen voting NO. ved by Council Allen and seconded by Council Tter 01ff that the applicant shall obtain a building permit to build a block wall, without a lot rger, within 10 days. Construction of the block wall Triust be c?leted within 30 days of the permit issuance. During the construction period, the block, the reinforcing bar, and the PVC pipe may r?nain on the property. naiously adopted. BIB] 02-29-96-U01 11:49:39AM-U01 CCMIN-U02 07-U02 23-U02 1985-U02 #MIN?? City Council July 23, 1985 Page Four Mayor Cox adjourned the rr?eting for a 5?ninute break at 8: 5B p.m. The fleeting was reconvened at 9:05 p.r?. B. A report was given by Mr. Stevens regarding Developeent Agreeeent No.85-001, a request to enter into a Developeent Agreeeent pursuant to GOv?ent Code Section 65864 for the developeent project approved as Specific Plan Na. 84-004, The Grove of La Quinta, Applicant. The Planning CaT[nlssion r?oended approval of the Agreeeent. Mayor Cox declared the public hearing open at 9:13 p.m. Mr. Dave Hottrton, representing The Grove Developeent, thanked the staff and Council for their tin? and pioneering, positive attitude. Mayor Cox declared the public hearing closed at 9:16 pm. and opened it to Council discussion. City Attorney Longtin read the aeendeent to the Developeent Agreeeent as follows: 5.4 Additional Condition. In addition to the ab?ve rr?ntioned condition of approval, The Grove agrees that, at all tin?s, upon request of the City, and its erergency personnel, all periir?ter security gates shall be ieeediately opened to provide access to the general public through The Grove Project in the event of earthquake, flooding or similar disasters disrupting or otherwise making inaccessible surrounding public streets. ed by Council Bohnenberger and seconded by Council Merr?er Allen to approve Developeent Agre?r??t No. 85-001 as aeended and to waive further reading and introduce the Agreeeent. unanin?usly adopted. 8. BUSINESS SESSICN A. ORD???NCE NO.79. AN ORDI??NCE OF ThE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFO?IA, AMENDING ThE LA QUINTA MUNICIPAL CODE, PROHIBITINQ LI'FIThING OR DUMPING CN PUBLIC OR PRI\?ATE P?PEI?IY. ved by Council Neeeer Allen and seconded by Council r Wolff to waive futther reading and adopt Ordinance No.79, following reading by Mr. Usher. Roll Call vote: AYES: Council M?ers Allen, Bohnenberger, Pena, Wolff, and Mayor Cox. NOES: None. ABSENT: None. BIB] 02-29-96-U01 11:49:39AM-U01 CCMIN-U02 07-U02 23-U02 1985-U02 #MINUTES City Council July 23, 1985 Page Five B. A report was given by C?ounity Developeent Director Stevens regarding swi?g pool fencing. bved by Council lff and seconded by Council M??er Allen to direct staff to prepare an ordinance to ifodify the La Quinta Municipal Code, Section 8.06.040 as follows: 1) Retain existing reguireeents for single-family residences, and 2) Specify use of Title 24 reguireeents for public and s?ni-public pools. Unaliusly adopted. ved by Council M?t?er Bohnenberger and seconded by Council 1?6? Pena to direct staff to prepare an ordinance to rr?)dify the La Quinta Municipal Code, Section 8.06.040, as follows: Reguire fencing for private pools within walled projects, but make optional pool fencing along golf fairways while providing for sideyard fencing and alternate barriers i.e. landscaping and slope/grade differences) similar to Title 24 Standards OR Exclude private pools within walled c?Ttunities fran fencing reguireeents. This tion passed with Council lff voting NO. C. A report was given by City Attorney ngtin regarding a proposed ordinance repealing auction regulations, correcting parade regulations, and allowing golf carts on public Streets. PROPOSED ORDIN?? AN ORDINANCE OF ThE CITY COUNCIL OF ThE CITY OF LA QUINTh, CALIFORNIA, AME??DING IHE MUNICIPAL CODE RELATIVE TO REPEAL OF AUCTI? REGLATIONS AND CORCECTION OF PAAADE REGULATIONS DEFINITI?S. City Manager Usher read the title of the proposed ordinance. ved by Council Pena and seconded by Council M?nber Wolff to waive further reading and introduce the proposed ordinance with the deletion of SECTION 3. Unanirr?usly adopted. D. Ccuuinity Safety Coordinator Hirdler reported that a tentative date of August 5, 1985 had been set for a disaster preparedness progr&r. It will be presented during the study session. Council M?r?er Bohnenberger reguested that the study session be held at 4:00 p.m. There was consensus regarding this reguest. E. Mr. Stevens reported on a proposed resolution regarding vacating Calle Yucatan. RESOLUTION NO. 85-62. A RESOLUTION OF ThE CITY COUNCIL OF CITY OF LA QUINTA, D?LARING ITS INT??ION TO VACATE PORTIONS OF CALLE YUCATAN. BIB] 02-29-96-U01 11:49:39AM-U01 CCMIN-U02 07-U02 23-U02 1985-U02 # City Council July 23, 1985 Page Moved by Council Wolff and seconded by Council Pena to adopt Resolution No. 85-62 and to set a hearing for August 20, 1985. Unan?usly adopted. F. Administrative Services Coordinator Jennings gave a report regarding a proposed ordinance concerning refuse collection rates. City Manager Usher read the title of a proposed ordinance as follows: PROPOSED ORDINANCE AN ORDIN?CE OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING i1JI? RATE FOR INDIVIDUAL RESIDENTIAL REFUSE PICUUP AND DISPOSAL SERVICE, AND ELDCTING TO HAVE PAYABLE FOR SUCH SERVICES COLLETED ON TE TAX ROLL PURSUANT TO SECTION 5473 OF TE HEALTh AND SAF?? CODE. Moved by Council Meeber Echaenberger and seconded by Council Pena to waive further reading and introduce the proposed ordinance. Will be read a second tjir? on August 6, 1985) Unariusly adopted, Mr. Wolff absent. G. Carmnity Development Director Stevens read the title of a proposed resolu- tion and recaccended Council approval. RESOLUTICN NO.85-63. A RESOLUTICN OF ThE CITY COUNCIL OF THE CITY OF LA QUINT?, CALIFORNIA, APPI?VING AND ADOPTING 1985 EDITION OF *ST?ARD SPECIFICATI?S FOR PUBLIC RKS ST?L?TICN." Moved by Council M?er Allen and seconded by Council Bohnenberger to adopt Resolution No. 85-63. Unaniocusly adopted, Mr. Wolff absent. H. Regarding the Avenue 50 Park Master Plan, staff finds the Council S decision to appoint a c?rtnittee to work with Mr. Howerton of The Grove agreeable. The cccmittee will be selected by August 6, 1985. I. CatUtLlr?ty Safety Coordinator Hirdler gave a report concerning the contract for a one-half tirr? Fire Marshal position. Moved by Council Pena and seconded by Council Meeber Allen to approve the agre?[?nt for fire protection services beteeen Riverside County and the City of La Quinta with authorization for the Mayor to execute the agr?eeent. Unanirr?usly adopted with Council 4?r?r Wolff absent. J. A report was given by Administrative Services Coordinator Jennings on the autocated nnnageeent information syst? c?uter system), City Project No. 85-005. Moved by Council Meeber Allen and seconded by Council Nember Bohnenberger to award the Contract for canputer equipeent to IBM/DLH for their proposal in the amunt of $112,253., contingent upon securing long-term financing. Unanrr?usly adopted with Council Wolff absent. Mr. Usher will report further on this matter on August 6, 1985. BIB] 02-29-96-U01 11:49:39AM-U01 CCMIN-U02 07-U02 23-U02 1985-U02 #MISErIES City Council July 23, 1985 Page seven K. City Manager Usher gave a brief report concerning the flood control hearings at Coachella Valley Water District. CVWD did authorize c?m?nceeent of eiinent d?nain proceedings regarding the flood control project south of Calle Tecate and Bear Creek channel. L. ved by Council M??er Bohnenberger and seconded by Council MEr?er Peria to authorize the Carr?ity Developeent Director to obtain bids for the sign directory program. Unanirr?usly adopted with Council M??er Wolff absent. 9. A?OURNME??T Moved by Council Meeeer Pena and seconded by Council errter Bohnenberger that the Council rr?eting be adjourned to ecutive Session regarding possible litigation) ieeediately following the Pedevelopeent Agency rr?eting; then reconvened for the purpose of adjourning until 7:30 p.m. on Tuesday, August 6, 1985 unan?r?usly adopted with Council Wolff absent. The regular Treeting of the La Quinta City Council was adjourned to Executive Session at 10:06 p.m. on Tuesday, July 23, 1985, to Tuesday, August 6, 1985 at 7:30 p.m. at City Hall, 78-105 Calle Estado, La Quinta, California. 1w BIB] 02-29-96-U01 11:49:39AM-U01 CCMIN-U02 07-U02 23-U02 1985-U02