1983 02 18 CC Minutes$ MINUTES
CITY COUNCIL CITY OP LA QUINTA
A regular meeting held at the
La Quinta City Hall, 78-105
Calle Estado, La Quinta,
California.
February 18, 1983 7:30 p.m.
1. CALL TO ORDER
A. The flag salute was led by Council Member John Henderson.
2. ROLL CALL
Present: Council Members Cox, Henderson and Mayor Pro Tern Baler.
Absent: Council Member Allen and Mayor Wolff.
Moved by Council Member Henderson, seconded by Council Member Cox, to excuse
Council Member Allen and Mayor Wolff. Unanimously adopted.
3. Mayor Pro Tein Baler indicated that this time was set aside for citizens to address
the City Council on matters relating to City business, and reminded those present
of the three minute time limit on public comment. Comment was heard from the
following persons:
1. Stanley Sniff, 52-150 Avenida Madero, addressed the Council and explained
the efforts of the La Quinta Water Task Force Committee to encourage
customers of the Southern California Water Company to document their complaints
regarding the water quality and service, and requested cItIzens fill out forms
documenting their complaints if they have experienced problems such as poor
service, low or excessively high pressure, sand, rust or other foreign objects
in the water, bad taste, bad smell or turn-off without proper notice. It is
hoped that this documentation will encourage the Southern California Water
Company to improve the water quality and its delivery system.
2. Dr. Gerard A, De Oreo, 78-483 Calle Huerta, introduced himself and other
members of the Montero Estates Homeowners Association, Allen Sedgewick,
Howard Tons and Mrs. Miele. Dr. De Orco presented a petition signed by
58 of 60 Montero Estates homeowners who are asking the City to abandon
Tract No. 4119, which consists of Avenida Montero and four cul-de-sacs in
that area. Dr. DeOreo stated that abandonment of Tract 4119 would relieve
the City of maintenance responsibility and asked the Council to itemize
necessary requirements so that this abandonment petition could proceed.
Mayor Pro Tern Baler explained that the Council is in basic agreement with
the abandonment of Montero, but legal aspects regarding public street
abandonment must be properly adhered to.
The City Manager stated that the City has no disagreement with the vacation
of Montero, but must be concerned with the City as a whole. One issue the
City is concerned with is a possible lawsuit, and explained that the City has
requested an insurance policy which would protect the City in the event of a
loss or in defense of a lawsuit, with the premium being paid by the Homeowners'
Association. The City Manager also explained the responsibilities of CC & R's.
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Dr. Deoreo responded and stated that CC & R's also include annexation of any
common property which would be a responsibility for the group. He stated that
it was his understanding that a hearing would have to be held that would have
to be posted, and during that time of hearing and posting would be the
opportunity for a dissenter to come forward and voice his dissatisfaction.
Allen Sedgewick, 78-451 Calle Seama, mentioned the closing of one end of
Avenida Montero in 1979, which was approved by the County Supervisors.
The City Manager explained that closure of one end of a street is entirely
different from vacation of a street; you are closing the street to through
traffic, but are not removing the right of individual access to the public
right-of-way.
Mr. Sedgewick stated that he realized the two cases were different, but was
attempting to point out that the Supervisors and Planning Commission at that
time saw no objection to at least closing one end of Avenida Montero.
The City Attorney explained that he was not aware of any objection to these
streets becoming private streets instead of public streets. However, the
basic legal hitch is that once a person having access to a public street has
the right to have that basic right continued for that street and the system
of streets at large in the community. Closing one end of a street has been
held to not be an unreasonable interference with those abutters' access rights.
However, it has been held that abandoning the street totally is a compensable
action; the public agency that abandons the street nay have to compensate the
people who abut on the street for that interference of their right they had
previously. He explained that the City has provided alist of conditions to
abandon Avenida Montero, as follows:
1. Each property owner will furnish a recordable deed relinquishing his
right of access to the public right-of-way being vacated.
2. An insurance policy protecting the City in case of lawsuit or in the
defense of a lawsuit arising from this street abandonment.
The City Attorney, in reply to a question from Dr. De Oreo, stated that the
amount of an insurance policy would be in the amount of $100,000. He also
explained that by furnishing recordable deeds relinquishing access to the
street, all future purchasers of property in this area would be notified that
the street was private, not public. He explained that a further requirement
for vacation of Avenida Montero would be for the homeowners' association that
has the obligation to maintain the streets.
After further-discussion between the Montero Estates Homeowners' Association
and staff, Council Member Cox asked that the details of the street vacation
be worked out at a future date so that the meeting can be continued.
4. WRITTEN C0?LINICATI0NS
A. The City Manager presented a written communication from the Coachella Valley
Association of Governments regarding a CLEAN-A-THON" to be held April 16,
1983, to benefit Robin Boydstun, a young woman who has been severely handicapped
for the past few years as the result of an automobile accident.
B. The City Manager presented a communication received from the Palm Desert Board
of Realtors inviting the Mayor to attend a luncheon honoring the California
Association of Realtors President, Gordon Nicolson, February 17, 1983, at the
La Quinta Hotel.
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C. The City Manager presented a communication from the Indio-Coachella Board of
Realtors inviting the Mayor to attend the above luncheon and a breakfast to
be held February 16? 1983. Mayor Pro-Tern Baier was selected to represent the
City at both of these functions due to the Mayor being out of town of these
days.
5. COMMENT BY COUNCIL MEMBERS
A. Council Member Cox publicly expressed the Council's thanks to the La Quinta
Ladies Golf Auxiliary, who had presented a check for $1,125.00 to be used for
playground equipment for small children in the La Quinta Park.
Council Member Cox also reported regarding the Coachella Valley Park & Recreation
Tiny Tot Program", for children 3-5 years of age. This program is held on
Monday and Wednesday mornings from 9:00 a.m. 11:30 a.m., at a cost of $28.00
per month or $4.00 per session. Council Member Cox stressed that due to the
present low enrollment, this program may be discontinued, and urged families
with children in this age group to take advantage of this excellent program.
6. HEARINGS
The City Manager presented a report regarding proposed use of Community Development
Block Grant funds for Fiscal Year 1983-84, and explained that approximately $40,000
is involved. Possible uses for these funds include housing rehabilitation programs,
code enforcement activity, street lighting, infrastructure improvements, and fire
Stations.but only after these funds have been used for other eligible activities.
It was the City Manager S recommendation to use the first year's allocation of
CDBG funds to provide street lights at various locations south of Calle Tampico,
principally along Eisenhower Drive. This use would be consistent with the City's
intention to locate stop signs at intersections on Eisenhower Drive to facilitate
safer east-west traffic and safer driving speeds in the Cove area.
The Mayor Pro Tem opened the hearing to public comment. Comment was heard from
the following citizens:
A. Joe Connors, 77-545 Calle Arroba, discussed the recent traffic survey
conducted by the Automobile Club of Southern California, and questioned
whether or not these funds could be expended to correct some of the
traffic problems cited in their survey.
The City Manager explained that there are limitations on the use of CDBG
funds. They may be used for such purposes as street lighting, but cannot
be used for traffic control devices. Gas tax funds and other monies would
be used for traffic control devices, but CDBG use is regulated by Federal
law.
The Mayor Pro Tern closed the public hearing and opened the hearing to Council and
staff discussion. Council Member Allen requested a study be undertaken prior to
the placement of street lights to determine location, and suggested Washington
Street be considered along with other locations. The City Manager explained
that there are certain stipulations relative to where CDBG funds can be spent
which pertain to moderate income neighborhoods as opposed to higher income
neighborhoods, and this concern would have to be a factor in the study.
Council Member Henderson expressed concern regarding adequate prior notice to
affected property owners relative to the placement of street lights near their
property. The City Manager explained that the procedure involves the following
steps:
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1) Preparation of an engineering Study to determine where and how many
street lights be placed in each location;
2) Preparation of plans and specifications;
3) City Council approval of the plans and specifications; and
4) Call for bids.
The City Manager explained that a public hearing could be held after preparation
of the plans and specifications to allow public input regarding the placement
of street lights, if the Council felt additional public input necessary.
Moved by Council Member Cox, seconded by Council Member Allen, to approve
applying for use of La Quinta's allocation of CDBG funds for street lighting
purposes. Unanimously adopted.
7. CONSENT CALENDAR
Moved by Council Member Henderson, seconded by Council Member Cox, to approve the
Consent Calendar.
Roll Call Vote:
AYES: Council Members Allen, Cox, Henderson and Mayor Pro Tern Baier.
NOES: None.
ABSENT: Mayor Wolff.
A. The Minutes of the regular meeting of February 1, 1983, were approved as
submitted.
B. RESOLUTION NO. 83-9. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
DEMANDS.
8. BUSINESS SESSION
A. The City Manager read the title of a proposed Ordinance, as follows:
ORDINANCE NO. 24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, AMENDING THE OFFICIAL ZONING
MAP FOR THE CITY, BY REZONING CERTAIN PARCELS OF PROPERTY REFERRED TO IN CHANGE
OF ZONE NO. 3879.
Moved by Council Member Cox, seconded by Council Member Henderson, to waive
further reading and adopt Ordinance No. 24.
Roll Call Vote:
AYES: Council Members Allen, Cox, Henderson and Mayor Pro Tern Baier.
NOES: None.
AB?ENT: Mayor Wolff.
B. The City Manager read the title of a proposed Ordinance, as follows:
ORDINANCE NO. 25. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADDING
SECTION 12.28.071 TO THE LA QUThTA MUNICIPAL CODE, RELATING TO STREETS
AND PORTIONS OF STREETS ON WHICH ANGLE PARKING SHALL BE PERMITTED.
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Moved by Council Member Henderson, seconded by Council Member Cox, to
waive further reading and adopt Ordinance No. 25.
Roll Call Vote:
AYES: Council Members Allen, Cox, Henderson and Mayor Pro Tern baier.
NOES: None.
ABSENT: Mayor Wolff.
C. The City Manager presented a report regarding an adjustment to the
automobile compensation for the Community Safety Coordinator and
recommended an increase in the monthly automobile compensation to
$250 per month.
Moved by Council Member Cox, seconded by Council Member Allen, to
adopt Resolution Nos. 83-10 and 83-11. Unanimously adopted.
RESOLUTION NO. 83-10. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA. CALIFORNIA, APPROPRIATING
FUNDS, TRRNSFERRING $750 TO ACCOUNT NO. 01-4200-170, PUBLIC SAFETY-TRAVEL &
MEETINGS. FROM ACCOUNT NO. 01-4190-110, NON-DEPARTMENTAL-SERVICES CONTRACTUAL,
CUSTODIAL.
RESOLUTION NO. 83-11. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, M?NDING
RESOLUTION NO. 82-56, RELATING TO AUTO CO?ENSATION.
D. The City Manager presented a report from the Community safety Coordinator
regarding a traffic survey recently completed by the Automobile Club of
Southern California. It was the consensus of the City Council to postpone
discussion of this traffic survey to a future study session for review.
E. The City Manager presented a report regarding litter control activity
and explained that the City has expended approximately $1,291 for clean-up
of roadside litter and illegal dumping sites in various locations. He
also discussed on-going activities of the Community Safety Coordinator and
Code Enforcement Officer relating to apprehension of littering within
the City. The City Manager discussed the City's mandatory trash pickup
ordinance, and explained that staff is in the process of negotiating a
franchise for refuse collection.
9. ADJOUFNENT
Moved by Council Member Cox, seconded by Council Member Allen, to adjourn.
Unanimously adopted.
The regular meeting of the City Council of the City of La Quinta was adjourned
at 8:25 p.m., Tuesday, February 15, 1983, at the La Quinta City Hall, 78-105
Calle Estado, La Quinta, California.
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