1985 12 17 CC Minutes$2 MINUTES
CITY COUNCIL CITY OF LA OUINTA
A regular meeting of the City Council
held at City Hall, 78-105 Calle Estado,
La Quinta, California.
December 17, 1985. 7:39 p.m.
l? CALL TO ORDER
Mayor John Pena called the La Quinta City Council meeting to order at 7:30 p.m.
and led 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, City Attorney
Longtin, Community Safety Coordinator Hirdler, Principal Planner
Bonner, and Administrative Secretary Wright.
3. PUBLIC COMMENT
4. WRITTEN COMMUNICATIONS
A. City Manager Usher gave a brief report on a letter received from Margarita
Engle regarding resignation from the Community Services Commission. The
Commission recommends approval by the Council for this resignation.
It was moved by Council Member Wolff and seconded by Council Member Cox
to accept the resignation df Margarita Engle from the Community Services
Commission. Unanimously adopted.
Council Member Wolff suggested that a letter be sent under signature of the
Mayor, thanking Ms. Engle for her services to the Commission.
5. C0??NTS BY COUNCIL MEMBERS
A. Council Member Allen commented on the progress of the flood control project.
B. Council Member Wolff complimented Deputy City Manager Jennings on the news-
letter and Community Safety Coordinator Hirdler on the earthquake prepared-
ness plan he had submitted. He also felt the corner of Tampico and Eisenhower
looked terrible and urged Landmark to take care of it. Until it is taken care
of, he said he would hesitate to vote in the positive on any other Landmark
items.
C. Council Member Pena thanked Landmark and Soroptimists for sponsoring the
Christmas tree lighting at the La Quinta Hotel last week. He said there
were over 150 children and parents there and each year it gets better.
6. CONSENT CALENDAR
It was moved by Council Member Cox and seconded by Council Member Bohnenberger
to adopt the Consent Calendar. Unanimously adopted.
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Roll C?ll Vote:
AYES: Council Members Allen, Bohnenberger, Cox, Wolff, and Mayor Pena.
NOES: None.
ABSENT: None.
A. Minutes of the regular City Council meeting held December 3, 1985 were approved
as submitted.
B. RESOLUTION No.85-104 A RESOLUTION OF THE CITY COLTNCIL OF ThE CITY
OF LA QUINTA, CALIFORNIA, APPROVING DEMANDS.
7. HEARINGS
A. A report was given by Principal Planner Bonner regarding Tentative Tract No. 211
Santa Rosa Cove," a division of 14+ acres into 37 lots for custom single-
family residences; Anden Corporation, Applicant. Staff recommended approval
of this Tentative Tract with the stated conditions, including condition #26.
Ms. Bonner responded to questions the Council had regarding this project.
City Attorney Longtin briefly reviewed condition #26 regarding advertising
signs.
Mr. Longtin also said that in response to Council Member Wolff's question
about school mitigation fees, a pleasant development had taken place. The
U.S. Supreme Court had just ruled on the case of Candid Enterprises V. Gross-
mont School District and the ruling was in favor of permanent school mitiga-
tion fees. This ruling validated the City of La Quinta's Resolution regarding
these fees for the DSUSD.
Council Member Bohnenberger inquired about the notification of Santa Rosa
Cove regarding the action the Council took at the last meeting. City Manager
Usher said the letter will go out this week advising them of the sign violation.
Ms. Bonner talked to Mike Smith today and banded him condition #26.
Council Member Allen stated that we desperately need a sign ordinance.
Sergio Alvarez, 23 Hillsboro, Newport Beach, represented the Anden Corporation,
Applicant. Mr. Alvarez had a problem with the condition #26 handed him just
prior to tonight's meeting. He said that it is the developer1 5 intent to work
within the City's regulations and he felt that the first sentence in the con-
dition was sufficient.
Mayor Pena opened the hearing to public comment at 7:53 p.m. and there being
no comment, closed the hearing at 7:54 p.m.
There was Council discussion regarding condition #26.
It was moved by Council Member Wolff and seconded by Council Member Cox to
direct staff to have a definite time line to have a sign ordinance in place,
which should be presented at the next Council meeting. Unanimously adopted.
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Mayor Pena asked City Attorney Longtin if condition 1126 was enforceable under
the Subdivision Map Act and he answered that it was. Mr. Longtin felt that
the last sentence should be changed to: In the event of a violation of this
condition, following hearing thereon before the City Council, this tentative
tract map approval may be revoked and terminated."
Mayor Pena also asked if the condition would withstand the Equal Protection
Rule and City Attorney Longtin said that it would. Council asked for an
explanation of this rule. Mr. Longtin stated that a City or governmental
entity is precluded from imposing laws on separate segments of society or
in other words each citizen is entitled to equal protection of the laws
and we cannot impose discriminatory laws, picking out particular individuals.
It was moved by Council Member Bohnenberger to pass condition #26 as revised,
with the first sentence only remaining. This motion died for lack of a second.
It was moved by Council Member Wolff and seconded by Council Member Allen to
adopt condition #26 as presented with the last sentence revised as suggested
by City Attorney Longtin. Unanimously adopted.
It was moved by Council Member Allen and seconded by Council Member Cox to
adopt Tentative Tract No. 21120 Santa Rosa Cove, Applicant). Unanimously
adopted.
8. BUSINESS SESSION
A. City Attorney Longtin gave a brief report on the request received by Thomas
Thornburgh that the condominium development approval associated with Tract
No. 19203 be declared null and void. He stated that since consent doesn't
exist by all owners that the matter must be tabled.
It was moved by Council Member Allen and seconded by Council Member Cox to
table this matter. Unanimously adopted.
City Attorney Longtin said he had discussed this matter with Mr. Thornburgh
and he had no objection to the removal of this item from the agenda.
B. City Manager Usher reported on changes to the Implementing Agreement for the
Fringe-toed Lizard Habitat Conservation Plan. He clarified the correction
on page 9 that should read every other year. Approval is recommended by
CVAG's Executive Committee.
It was moved by Council Member Cox and seconded by Council Member Bohnenberger
to approve the changes to the Implementing Agreement for the Fringe-toed Lizard
Habitat Conservation Plan. Unanimously adopted.
C. Deputy City Manager Jennings reported On a proposal from the Nadridge Medical
Corporation to furnish professional medical services to the City. It was
recommended by staff to accept the proposal on a 6-month trial basis.
It was moved by Council Member Wolff and seconded by Council Member Allen to
accept the proposal from the Nadridge Medical Corporation, as outlined in
their letter, for a 6-month trial period. Unanimously adopted.
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Council Member Wolff asked if a 6-month trial period was acceptable to the
nadridge Corporation, and Ms. Jennings said that such a proposal had not
been presented to them but she felt that such a period would be agreeable.
D. Community Safety Coordinator Hirdler presented a report regarding the confir-
mation of fire engine requirements met by Landmark Land Company. Staff recom-
mended approval of the agreement.
Council Member Allen asked when the new engine would arrive and Mr. Hirdler
said staff would like to have the station before the engine is put into
service. The anticipated date for the station opening is March 1, 1986.
It was moved by Council Member Cox and seconded by Council Member Wolff to
adopt the agreement between Landmark and the City of La Quinta regarding
fire engine requirements. Unanimously adopted
E. Community Safety Coordinator Hirdler presented a beginning Disaster Plan for
the City of La Quinta. Council Members complimented staff on the preparatiori
of this plan.
9. ADJCURNMENT
It was moved by Council Member Allen and seconded by Council Member Wolff to
adjourn Unanimously adopted.
The regular meeting of the City Council of the City of La Quinta was adjourned
at 8.22 p.m. on Tuesday, December 17, 1985 at City Hall, 78-105 Calle Estado,
La Quinta, California.
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