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1985 08 20 CC Minutes# MINUTES CITY COUNCXL CITY OF LA QUIN??? A regglar IT?eting of the City Council held at City Hall, 78-105 Calle Estado, La Quinta, California. August 20, 1985 7:30 p.m. I. CALL TO ORDER Mayor C?c called the La Quinta City Council rr?eting to order at 7 29 pm. Council Peria led the flag salute. 2. TT CALL Present: Council M?r?s Allen, BO?oerger, Peria, Wolff, and Mayor C?c. Absent: None. Also Present: City Manager Usher, City Attorney ngtin, C?tmunity Developeent Director Stevens, C??TrLlnity Safety Coordinator Hirdler, and Administrative Secretary ight. 3. PuBLIC A. Ms. Audrey Ostrowsky, Po Box 351, La Quinta, California, addressed the Council regarding the size of the interim treatment facility in La Quinta. B. Mr. Kaye Chandler, PO Box 1000, La Quinta, California, represented Landmark? Land He spoke of earlier talks with staff and La Quinta Counsel and a Mitigated Negative Declaration. Mr. Longtin asked the Mayor if there was no objection) to set a Commerce?eting date two weeks from this night for a Treeting beteeeh Landmark and the City of La Quinta. This was done. C. Mr. Stanley Sniff, po 1444, La Quinta, California, asked for a Council response regarding the delay of the Downtown Planning Advisory Carmittee DPAC. Mr. Stevens responded to his concerns. He stated that although a Market Study had been prepared, it had deficiencies and will be dified. The Pequest For Proposals RFP 5) for Architectural Studies have a deadline of August 26. b'bdif ications have been made to the Infrastructure Study and are being reviewed by staff before final trafls?ttal to DPAC D. Mr. ark ran, 54510 Avenida Rubio, La QLiinta, Chairman of the C?rrrunity Services Cartuission, thanked the Council and the City Manager for assisting the Corrrunity Services C?rmission. He also requested that the Council use the CSC as the advisory Committee for the Avenue 50 Park. It was agreed that representatives from the caTTrt??ity would serve as an advisory c?m?ttee to the Carnn?ty Services C?rmission, who would then c? back to the Council with rec?rirandations. E. Mr. louje Caypagna, PO Box 1286, La Quinta, requested current information regarding the entry signs for the City. Mr. Stevens reported that a priority was placed on the subdivision directory signs and then the entry signs will be worked on. He said he would report again on a schedule for the signs at the next meeting. BIB] 02-29-96-U01 11:55:43AM-U01 CCMIN-U02 08-U02 20-U02 1985-U02 # City Council Page 2 August 20, 1985 F. Ms. Suzanne representing the ian??r of C?rmerce, said that she was delighted with the goals that the City and Cha?r agreed upon earlier in the day. She also invited everyone to the next Chaxt?r ice cream social and the golf tournar?t. 4. wRI'rTh? C?4MUNICATICNS A. tters of appreciation were received and filed regarding the weed abate- n?nt in La Quinta. One was from Ms. Carol Curran and the other from Ms. June Collins. B. A letter from Ms. Audrey Marshman was received asking for return? of a cassette tape loaned to the City. C. e proposed 1986 budget for the La Quinta Volunteer Fire Depar?t was received and filed. D. A proposal was received from the Nadridge Medical Corporation to furnish medical services to the City. Moved by Council Allen and seconded by Council Bohnenberger to refer this matter to the Deputy City Manager for fu?ther review and a report to be brought to the Council. Uflani?sly adopted. E. Ms. Beverly Montgomary, on behalf of the Soroptimist Club, requested $2,500 from the City of La Quinta to assist in establishing a local outreach shelter for abused and battered 5 C?I??i BY COUNCIL Council Allen expressed happiness in the tax reduction made by CVWD for Irrprcv?t District 55, which is the sewer district in La Quinta that all the new developments are in. 6. CCNSF?T CA1???DAR Moved by Council i?L?r Allen and seconded by Council rr?er Bohnenberger to approve the Consent Calendar as su??nitted with one correction to it? 6E. It? 6E is a Resolution transferring 1985 Industrial Development Bond alloca- tion to the City of Rancho Mirage. In that Pesolution Section 1 should read: That the City of La Quinta shall authorize 1985 Industrial Development Bond allocation in the auu'unt of $150,000 provided that Rancho rage loan $150,000 in future years to the City of La Quinta if the City should so request. Poll Call Vote: AYES: Council Allen, Bohnenberger, Pena, 1ft, and Mayor Cox. NOES.. None. AYSO?: None. A. Minutes of a regular City Council ir?eting held July 23, 1985 were approved as stuuitted. BIB] 02-29-96-U01 11:55:43AM-U01 CCMIN-U02 08-U02 20-U02 1985-U02 # MINUTeS City Council Page 3 August 20, 1985 B. Minutes of a regular City Council n?ting held August 6, 1985 were approved as uitted. C. Minutes of a special City Council rreeting held August 15, 1985 were approved as su?mitted. D. RSSO?ION NC. 85-71. A RESCIiJTION OF ThE CITY COUNCIL OF ThE CITY OF QUINm, CALIFORNIA, APP?VING DE???DEMANDS. E. RESOLUTION NO.85-72. A RESOLUTION OF IHE CITY COUNCIL OF ThE CITY OF LA QUINT??, CALIFORNIA, ThANSFER?G 1985 INDUSTRIAL DEVELOPMENT?? BOND?ALLOCATION N TO ThE CITY OF RANCHO MIRAGE. F. Notice of C?completion for City Project No. 85-002, Median Landscaping Project. 7. HEARINGS A. Mr. Stevens gave a report regarding Street Vacation No.85-009 two portions of Calle Yucatan) to allow construction of inproveeents. It was the Plan- Ding Cartnission 5 recc?dation that the Council adopt the Resolution. Mayor Cox opened the public hearing at 8 02 pm. and since there was no Carirent, closed the public hearing at 8:03 p.m. RESOLUTION NO.85-73. A RESOLUTION OF IHE CITY COUNCIL OF ThE CITY OF LA QUINTA, CALIFORNIA, V?ATING CER?AIN POI?PORTION OF CALLE YUCATAN. ved by Council M?ber Pena and seconded by Council mb?r Allen to adopt Resolution No. 85-73. unanin?us1y adopted. B. Mr. Hirdler gave a report regarding weed Abatement assessment for place- reent on the 1986-87 property tax roll. Mayor Cox declared the public hearing open at 8:05 p.m. and closed it at 8:06 p.m. Council Member Bohnenberger ended the staff for their efforts in the weed abater?t project. Council Allen core?ted that since the deadline of August 12th had been missed, the assessment v?uld go on the August, 1986 tax roll and would be collected by December, 1986. RESOLUTION NO.85-74. A RESOLUTION OF ThE CITY COUNCIL OF IHE CITY OF IA QUINTA, CALIFORNIA, ASSESSING LIEN PROVIDING FOR COLLECTION ON TAX ILS ON CERTAIN P?PER?Y FOR COSTS CF ABATEMENT? OF PUBLIC NUISANCE. Moved by Council Member BOhnenberger and Seconded by Council Wolff to adopt Resolution No.85-74. Unanir?ly adopted. Council Bohnenberger requested a 5-minute break at 8:07 p.m. BIB] 02-29-96-U01 11:55:43AM-U01 CCMIN-U02 08-U02 20-U02 1985-U02 #MINUTeS City Council Page 4 August 20, 1985 8. BUSINESS SESSION A. Mr. Hirdler gave a report regarding the maximum n?r of dogs allowed per residence. Mr. Usher read the title of a proposed Ordinance as follows: O?D:b??? NO.82. AN ORDTh?CE OF ThE CITY COUNCIL OF ThE CITY OF IA QU?'rA, CALIFO?IA, ANN?ING ThE MUNICIPAL CODE RELATIVE TO MAXIMUM NUMBER OF DOGS bved by Council nber Wolff and seconded by Council Bohnenberger to adopt Ordinance No.82 and waive further reading. Rcll Call Vote: AYES: Council M?nbers Allen, BOhnenberger, Pena, Wolff, and Mayor COX. NOES: None. ABSE?: None. B. Mayor Cox read the title of a proposed Ordinance as follows: ORDIN??? NO.83. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IA QUIN'IA, CALIFORNIA, RELATING TO C(?TP?SATI? AND IMBURSE?NT TO MEXBERS OF THE CITY COUNCIL. b'bved by Council Pena and seconded by Council ME?rber Wolff to adopt Ordinance No. 83 and waive further reading. ll Call Vote: AYES: Council M?rs Allen, Eohne?erger, Pena, Wolff, and Mayor Cox. NOES: None. ABSENT: None. C Mayor Cox read the title of a proposed Ordinance as follows: P?POSED ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFOF?IA, AMn?DING THE MUNICIPAL CODE RELATIVE TO SWIMMING POOL FENCING Mr. Stevens gave a report regarding the proposed Ordinance. Council rber Wolff asked what was m?ant by a s??i-public pool and Mr. Stevens responded that referred to a pool available to 3 or rinre families. BIB] 02-29-96-U01 11:55:43AM-U01 CCMIN-U02 08-U02 20-U02 1985-U02 #MINLJ?ES City Council Page 5 August 20, 1985 s?g pool proposed) Ordinance was broken down as 8C-l' and 8C-2'?. ved by Council Bohnenberger and seconded by Council 6i??r Allen to waive further reading and introduce the proposed Ordinance 8C-l. Unanixr?usly adopted. This part ion of the proposed Ordinance has to do with the fencing of public, s?ni-public, and private pools outside of walled residential developeents.) Mr. Stevens was asked to give a report explaining the two portions of the proposed Ordinance, and he did so. Council 6?? W?lff asked City Attorney Longtin if the City might have a legal liability if an accident happens and the City had not required fencing around the pool. Mr. Longtin explained that the City has what is called a Municipal I?Immunity from that type of suit; an immunity? from enacting or failure to enact regulations or enforcing or failure to enforce regulations. Audrey Ostrowsky spoke regarding 8C-2. She felt that for safety of the resident/visiting children, each pool should be fenced. ved by Council M?er Allen and seconded by Council Pena to waive further reading and introduce proposed Ordinance 8C-2. This portion of the proposed Ordinance has to do with swimming?? pool fencing requirements for private pools within the boundaries of a country club??b or similarly walled project.) Poll Call Vote: AYES: Council M?rs Allen, Bohnenberger, Pena, and Mayor Cox. NOES: Council Wolff. ABSE?: None. Council Wolff stated that he was strongly against the tiOfl. The n?tion was passed with a 4-1 vote. D. Mr. Stevens gave a report regarding establishment of an Avenue 50 Park Advisory Ca???ittee. Suggested for the Ca?t tee were John Pena and Larry Allen from the City Council, Tom Thornburgh from the Planning iss ion, Mark ran from the Ca?m?ity Services Cannission, rank Guerrero from the Park District, Richard Beck from the School District, Craig Conklin from Sports and Youth, and Gary Price from City staff. bved by Council Wolff and seconded by Council Bohnenberger to appoint the carmittee as suggested and that the report be ca?leted by Ncv?r?er 1 and that the report go to the C??ity Services Ca?ssion whose recc?dation will then go to the Council. unanir??usly adopted. E. Mr. Stevens presented a report regarding subdivision directory signs. The program will pay for itself since developers are buying space on the signs BIB] 02-29-96-U01 11:55:43AM-U01 CCMIN-U02 08-U02 20-U02 1985-U02 #MINtY?ES City Council Page 6 August 20, 1985 F. Mr. Usher gave a report on the Chamber?& of Commerce request for office space and funding for fiscal year 1985-86. City Attorney Longtin stated that it?n 4E of the agreement between the Lar??r and the City would be amended by changing the period after City" to a and adding the following language: including meeting the seven criteria set forth in exhibit A attached hereto and incorporated herein by this reference. Exhibit A will be the second page of Council Wolff S Mr. Earle Elison, President of the Chamber of C?Tt?Commerce, stated that he was pleased to be able to get going and that the Chamber wished to withdraw its request indicated in a letter it? 8F) for use of City office space. They wish to r?nain in their present offices. ved by Council M?r Wolff and seconded by Council Bohnenberger to adopt the agreement as n?dified. Unanirr?usly adopted. Council Allen asked if the agree?t was for one year only. Mr. longtin replied yes; however, the agreement would probably be recon- sidered annually. Council lff ocoplinented the on its chosen goals and wished th?n good luck. G. A report by the Couuunity Developm?t Director regarding the La Cuinta General Plan was given at the study Session prior to this Council meet- ing and another discussion regarding this it? is planned for August 29. H. City Attorney Longtin presented a report regarding the contract between the City and Beland and Associates, the consultant hired to prepare the General Plan. He found that the General Plan should have been cccpleted by March 1, 1985 and that it was, in fact, sul?tted late to the City. He felt that it would be difficult to prove that it was inadequate and it was his reca?endation that the City not pursue litigation in this matter and also that payeent should not be rescinded. He felt that with the auunt of work left on the pro?ect, and since the consultant was aware of the City's dissatisfaction, that we should proceed with the work. Mr. Stevens outlined re"?ining work to be done on the General Plan. ved by Council M?r Wolff and seconded by Council Allen that a letter signed by Mayor Cox go to the Consultant, Beland and Associates, specifying a specific date after the final adoption takes place to receive the report; and that no f\;lrther payeent go to the Consultant until that report is su?tted. unanirr?usly adopted. BIB] 02-29-96-U01 11:55:43AM-U01 CCMIN-U02 08-U02 20-U02 1985-U02 #MINLrThs City Council Page 7 gust 20, 1985 I. Mayor Cox requested that the City Attorney review the letter su?tted to the City by the Soroptimist?st Club requesting funds for a local outreach office for battered and children to determine if the City could participate in this. 9. bved by Council M??er Allen and seconded by Council M??er Wolff to adjourn the r?ting, inTr??iate1y following a Redevelo?nt Agency rv?eting, until the next Study Session to be held on Thursday, August 29, 1985. Unanirr?us1y adopted. The regular tr?etmg of the La Cuinta City Council was adjourned at 9.03 p.tn. on uesday, A?gust 20, 1985 to Thursday, August 29, 1985 to a Study Session at 3:00 p.m. the Conference oan at City Hall, 78-105 Calle Estado, La Quinta, California. 1w BIB] 02-29-96-U01 11:55:43AM-U01 CCMIN-U02 08-U02 20-U02 1985-U02