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1990 01 16 CC Minutes. LA QUINTA CITY COUNCIL MINUTES JANUARY 16, 1990 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Kiedrowski asked that an item be added to the Consent Calendar which is adoption of a resolution accepting a gift of badges to the Bob Hope Chrysler Classic. MOTION It was moved by Council Members Sniff/Bohnenberger that adoption of a resolution accepting a gift of badges to the Bob Hope Chrysler Classic be added to the Consent Calendar noting that the need to take action arose after the publication of the agenda. Motion carried unanimously. MINUTE ORDER NO. 90-4. Mrs. Juhola noted that the Council has received a revised set of minutes for January 2, 1990. ANNOUNCEMENTS Mayor Pena introduced one the City's Attorneys, Gail Schlisinger. PUBLIC HEARINGS lA. PUBLIC HEARING ON CHANGE OF ZONE 89-051 AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT APPLICATION BY LANDMARK LAND CO. FOR A PREANNEXATION CHANGE OF ZONE FROM A-1-2C COUNTY OF RIVERSIDE) TO R-l-10 FOR 540 ACRES FOR PROPERTY LOCATED GENERALLY SOUTH OF 55TH AVE., WEST OF MONROE ST., NORTH OF AIRPORT BLVD., EAST OF MADISON ST., & NORTH OF 58TH AVE., SOUTH OF THE CURRENT CITY LIMITS, APPROXIMATELY 2600' WEST OF MONROE ST. ALONG BOTH SIDES OF MADISON STREET. Mr. Herman presented staff's report advising that this is a request to pre-zone approximately 540 acres south and east of our current City limits. The area is within the City's Sphere of Influence. The Planning Commission has recommended approval and supports the Environmental Review. A Negative Declaration will be adopted in conjunction with the ordinance. He then presented a map of the area proposed for annexation. In response to Council Member Bohnenberger, Mr. Herman advised that there has been one protest filed from a property owner in the Green Valley Estates. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City Council Minutes Page 2 January 16, 1990 The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was MOTION It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 164 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PREZONING CERTAIN PROPERTY ADJACENT TO THE CITY AS DESCRIBED IN CHANGE OF ZONE CASE NO. 89-051, PURSUANT TO SECTION 65859 OF THE STATE GOVERNMENT CODE. CASE NO. CZ 89-051. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 164 be approved on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None MOTION It was moved by Council Members Bohnenberger/Sniff to adopt a Negative Declaration on Change of Zone 89-051. Motion carried unanimously. MINUTE ORDER NO. 90-5. lB. AUTHORIZATION TO FILE APPLICATION FOR ANNEXATION NO. 5 TO LOCAL AGENCY FORMATION COMMISSION AND REQUEST DETACHMENT FROM SOUTHERN COACHELLA VALLEY COMMUNITY SERVICES DISTRICT. Mr. Herman advised that the action before the Council is to authorize the filing of Annexation No. 5 to the Local Agency Formation Commission along with an application for detachment from the Southern Coachella Valley Community Services District and concurrence with the Environmental Determination by adopting a Negative Declaration. He presented the Council with a map of the area which showed representation of about 53% of the assessed value in favor of the annexation, or approximately 1,455 acres out of the 2,442 acres included in the application. He anticipated that before the application is filed, we will have between 70%-75% of the assessed value in favor of the annexation. In response to Council Member Bohnenberger, Mr. Herman advised that the responses thus far are in the form of petitions. He plans to have the City?s application to LAFCO within the week. The Southern Coachella Valley Community Services District is aware of this action. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City Council Minutes Page 3 January, 16. 1990 RESOLUTION NO. 90-4 A RE CALIFORNIA DECLARING ITS INTENTION TO SEEK ANNEXATION OF 2442 ACRES PLUS APPROPRIATE ROAD RIGHTS-OF-WAY) AND CONCURRENT DETACHMENT FROM THE SOUTHERN COACHELLA VALLEY COMMUNITY SERVICES DISTRICT FOR PROPERTY EAST AND SOUTH OF THE CURRENT CORPORATE LIMITS, CONFIRMING THE ENVIRONMENTAL DETERMINATION WITH THE ADOPTION OF A NEGATIVE DECLARATION, AND DIRECTING THAT AN APPLICATION FOR THESE PURPOSES BE EXECUTED AND FILED WITH THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION. CASE NO. ANNEXATION NO. 5. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 90-4 be adopted. Motion carried unanimously. 2. PUBLIC HEARING ON WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1990/91 TAX ROLLS: a. Alta Mira Dev. Co., Inc. A?N 773-322-013 $150.00 b. Bostwick, Allen E. APN 769-114-010 $150.00 c. Epperson, Margaret APN 773-221-012 $150.00 d. Hellmers, Carol L. APN 773-325-017 $150.00 e. Hope, Harry & Nancy APN 769-113-015 $150.00 f. Hope, Harry & Nancy APN 769-113-016 $150.00 g. San Fernando Swap Meet Corp. APN 773-322-023 $150.00 h. Tectonic Construction APN 773-324-006 $150.00 i. Wientraub, Peter APN 769-113-022 $150.00 j. Wientraub, Peter APN 769-113-023 $150.00 k. Wientraub, Peter APN 769-113-024 $150.00 Mr. Hirdler advised that each property hereinabove described has been cleaned and the property owner has been billed, but payment has not been received. All property owners have been sent notice of this hearing, but to date, the only one that has paid is Carol Hellmers. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 90-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF?ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Bohnenberger/Sniff that Resolution No. 90-4 be adopted with the deletion of Carol Hellmers. Motion carried unanimously. WRITTEN COMMUNICATIONS- None BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City CoUncil Minutes Page 4 January 16, 1990 BUSINESS SESSION 1. APPEAL OF NOTICE BY THE BUILDING OFFICIAL FOR DEMOLITION OF FOURPLEX LOCATED AT 50-840 WASHINGTON STREET PROPERTY OWNER: LEO SAYRE. Mr. Tom Hartung, Chief Building Official, presented a slide presentation showing the condition of the structures located at 50-840 Washington Street. The property is occupied by two structures. One fourplex apartment building and a storage structure. There are no parking or street improvements at the property. The pictures showed exposed illegal wiring; defective roof covering; inadequate sewerage disposal system resulting in waste water at the surface; broken windows; holes in exterior plaster; insufficient natural lighting; general debris and refuse located at the site; unsecured vacant unit which could be used as a harbor for vagrants; and occupant load of units in excess of the maximum allowed by the Uniform Building Code. He noted that there is one 40-gallon water heater serving all four units. In giving a brief history of this property, Mr. Hartung advised that dating back to 1983, the property has had numerous action to abate public nuisances that range from general debris, abandoned vehicles and defective and deteriorating structures. In 1986, the Council authorized by Resolution 86-8 that all structures on the site be demolished. The order was suspended pending completion of the work that was determined necessary by the Building Official to make the structure safe. The work was completed in a satisfactory manner. On November 7, 1989, the property again was declared a public nuisance and in violation of the following Municipal Code sections 11.72.030 Refuse and Waste 11.72.090 Building Code Violation 11.72.100 Uniform Housing Code Violation 11.72.160 Deteriorating and Defective Structures 11.72.170 Property Maintenance Notice and Order that the building was to be vacated and subsequently demolished was given and was appealed by the property owner Mr. & Mrs. Lewis Sayre). The City Council acts as the Appeal Board in this situation. Council Member Sniff asked when the pictures were taken and Mr. Hartung advised about 3-4 weeks ago. Council Member Sniff stated that he made an on-site inspection and saw all of the things shown in the pictures. However, he did note that the roof damage is limited to one area. Regarding the sewerage disposal system, he asked if it's the septic tank or cesspool and Mr. Hartung believed that it?s the cesspool. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .C?Ly Council Minutes Page 5 January 16, 1990 PHILIP KLATCHKO, 177 Civic Dr. Suite 3, Palm Springs, Attorney representing the property owners, addressed the Council advising that Mr. & Mrs. Sayre purchased the property in 1987 and there was a satisfactory completion of the work that was required by the Council in 1986. It was in gooD repair when they purchased it. They have received no notice of violations or dilapidation or anything indicating dissatisfaction from the City or any other agency prior to the notice received in November 1989. He felt that the notice in November was a drastic step after owning the property two years, they are suddenly given notice that the building is to be demolished. He felt that some kind of corrective action should be taken prior to ordering demolition. In going through the list of violations, Mr. Klatchko advised that the roof has been repaired. As for the illegal wiring, that has been repaired noting that the illegal wiring was done by tenants, not by the property owners. On this date, Econo Sewer Service gave a certificate, indicating that the septic tank is in good condition and can be expected to function satisfactorily with reasonable maintenance every two years. The broken windows have been replaced. Regarding occupancy load, all four units are rented at this time. One unit is occupied by a couple with a small child and if that's a violation, they will take care of it. The vacant unit could harbor vagrants, but there are no indications that that is happening. It was built to be used as a garage and was then going to be used as an office. The building is structurally sound and could be used. Regarding the requirement that the property be managed and by a licensed property management firm, he didn't believe that it is appropriate for the City to make that kind of requirement noting that this is a low-rent complex and the amount of rents coming in would not justify this kind of expense. Regarding compliance with the special residential zone, he understood that these usually do not affect existing structures and is not a normal requirement. Regarding limiting vehicle access from Washington St., they have no problem with that. He believed that the high visibility location is what has created this situation. The Sayres bought this property within their budget and have used it for the same purpose it's been used in the past. He believed that demolition is drastic and the units are regularly rented which means there is a need for it and should not be eliminated. Staff cites corrections that could be required within a period of 30 days instead of demolition, which he believed to be more fair. Council Member Sniff stated that the tenants are not responsible for the condition of the property, but rather the property owner. He also stated that it is not the location of the property, but rather the condition that has brought it the City's attention. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City Council Minutes Page 6 January 16, 1990 Council discussion included the need for safe vehicular access from the streets and that if small children are living there, fencing would not seem unreasonable; and that the garage should be used as such for all the vehicles. Mr. Klatchko believed that the owners would be willing to open and use the garage as such. In response to Mayor Pena, Mr. Hirdler, Community Safety Director advised that this property has always been a problem regardless of the ownership. There have been a variety nuisances on the property including auto repairs on evenings and weekends. Mr. Hartung advised that a letter was sent to the owners in December 1988 when one of the tenants contacted him through their employer about faulty plumbing and heating and cooling facilities. He added that each deficiency in itself does not seem major but it has been a chronic nuisance. Mr. Klatchko advised that at that time, there was a problem when a tenant wasn't paying his rent and the owner was not aware of these deficiencies until notified by the City and he proceeded to correct them. Council Member Bohnenberger asked if this matter can be discussed further in Closed Session and Ms. Honeywell, City Attorney, advised that the only requirement is to take all the testimony and have that documented. The Council then has the option of rendering a decision at this time, or take it under advisement and issue a written opinion. RICK MORRIS, 51-525 Avenida Juarez, advised that he has lived here for 11 years and is building a home next door to the property in question and asked Council to give serious consideration to this matter. MOTION It was moved by Council Members Bohnenberger/Sniff to adjourn to Closed Session for further discussion on this issue. Motion carried unanimously. Council reconvened to regular session. Ms. Honeywell advised that the Council conducted a Closed Session under Government Code Section 54956.9(C) potential pending litigation to consider their decision on this appeal of a hazardous building abatement. Mr. Honeywell continued, advising that the Council has decided to adopt recommendation B) with the following modifications: 1. Address all items above violations listed in staff report) within a 90-day period to the satisfaction of the Planning and Development Department. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .CitV Council Minutes Page 7 January 16 1990 2. The secondary storage structure shall be converted back to garage use and be made available for that use. 3. Delete 4. Comply with Special Residential Zone Requirements. A written opinion will be issued on this decision with specifications as to what items in the residential zone fall within safety concerns and will therefore be applicable to improvement of the property up to a safe standard) 5. Limit vehicle access to the property from Calle Obispo and eliminate access from Washington Street. 6. The tenants shall be vacated within two weeks until all of the above items violations listed in staff report) have been complied with. Council Member Sniff felt that there is no question that this property is unsightly, poorly maintained and is a threat to public safety. If it was worth purchasing, it's certainly worth maintaining in an attractive and safe condition. MOTION It was moved by Council Members Sniff/Bohnenberger that Recommendation B) as delineated above be accepted. Council Member Bohnenberger felt that it's unexcusable that the property owners wait until notification from the City to make the necessary repairs and maintenance to this property noting that the roof was damaged last January and it was just recently repaired. Motion carried unanimously. MINUTE ORDER NO. 90-6. 2. CONSIDERATION OF YMCA CHILD CARE PRO?OSAL. JERRY HUNDT addressed the Council advising that the YMCA is interested in providing child care services in the City of La Quinta. They currently operate seven, school-age sites in the Valley and they have 14 on a waiting list in La Quinta. He believed that there is a demand in La Quinta for pre-school age child care which is demonstrated by the statistics generated by the Elvirita Lewis Foundation. He believed that the YMCA has the credibility to take on this program as they have the staff who are trained to apply for licenses and supervise it and have a commitment nationally, it's the largest growing program in the system. Mr. Hundt advised that they are asking for funding in the amount of $15,000 to assess the community need and facility requirements; develop a site plan; develop facility design; develop a budget for site development, facility construction and operation; and determine funding sources available and assist with fund raisers, grant writing, etc. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City Council Minutes Page 8 January 16, 1990 Council Member Sniff felt that the proposal needs to be better defined with the fiscal ramifications spelled out and to look at other possibilities. He suggested that it be discussed with the Community Services Commission at the joint study session being scheduled. He was supportive of child-care in the community, but wished to have more information before he makes a decision. Mr. Hundt advised that once the facility is operating, the fees collected provide the operating costs. The only subsidies required are usually those used for subsidizing families who cannot afford the full fee. Mr. Kiedrowski advised that he and Mrs. Juhola have had various meetings with other people regarding other options. The Council has budgeted $10,000 for child-care, and we have found no other viable organization to work with and no one to make a proposal. He agreed that more information is needed, but that's what this proposal is all about, to hire someone to work for the YMCA to develop the proposal to see if it's something that fundable. He noted considerable effort was put into the Elvirita Lewis proposal. Utilities were installed in anticipation that they would go forward. An analysis needs to be done and this grant will provide for that. Council Member Rushworth wished to proceed and favored allocating an additional $5,000, but questioned where we are going to provide space in City facilities for this person. Council Member Bohnenberger agreed, stating that the time for action has arrived. The YMCA is the operator of the largest day care program in the area. The only other proposal is a private for-profit organization and will be partly to provide for their own employees. He wished to see us proceed with this study with the goal of providing the services we once discussed with the Elvirita Lewis Foundation. Discussion of the time frame ensued with Mr. Kiedrowski advising that this allocation of funds is for this fiscal year only. If the YMCA needs additional time and money, they will have to come back before the Council. MOTION It was moved by Council Members Bohnenberger/Sniff that $15,000 be allocated to the YMCA $10.000 presently budgeted and $5,000 from uncommitted funds) to perform a study as outlined in their proposal with a goal of having a facility in operation by starting of the school year. Motion carried unanimously. MINUTE ORDER NO. 90-7. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City Council Minutes Page 9 January 16, 1990. 3. ADOPTION OF RESOLUTION OF INTENT Ta APPLY FOR THE CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 1988. Mr. Genovese advised that the City of La Quinta has been contacted by the Riverside City-County Public Library regarding the fact that there's $75,000,000 available for various library projects throughout the State. The intention is to notifiy the State that we would like to apply at the appropriate time. It would require an approximate 35% match from the City. The City would be able to use existing land as part of that match. He recommended that the resolution presented be adopted. BARBARA BOWIE, Desert Regional Librarian with Riverside City-County Public Library recommended that the City file the proposed Notice of Intent, advising that it doesn't commit the City to anything other than intention to submit an application. RESOLUTION NO. 90-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, IN SUPPORT OF THE NOTICE OF INTENT TO APPLY FOR FUNDS FROM THE CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 1988. It was moved by Council Members Bohnenberger/Sniff that Resolution No.90-6 be adopted. Motion carried unanimously. 4. CONSIDERATION OF REFERRAL OF 3-WAY STOP AT WASHINGTON AND AVENUE 52 TO TECHNICAL TRAFFIC COMMITTEE. Council Member Bohnenberger advised that he requested that this item be placed on the agenda. During the past few months, he's noted that it's getting increasingly difficult to get from Washington Street onto Avenue 52. He felt that it needs to be looked at by the Technical Traffic Committee. Mr. Reynolds didn't believe that the Technical Traffic Committee can do much with it in the absence of traffic counts. To do traffic counts would cost less than $1,000. MOTION It was moved by Council Members Bohnenberger/Sniff that a traffic count study of the intersection of Washington and Avenue 52 be performed and that the funds come from unappropriated funds. Motion carried unanimously. MINUTE ORDER NO. 90-8. 5. APPOINTMENT OF CITY COUNCIL REPRESENTATIVE TO SERVE ON CIVIC CENTER PURCHASE AWARD SELECTION COMMITTEE. Mrs. Juhola advised that the La Quinta Arts Foundation is anxious to begin the selection process for the Civic Center purchase and has asked that the Council make their appointment to the committee. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City Council Minutes Page 10 January 16,? 1990 MOTION It was moved by Council Members Bohnenberger/Rushworth that tbe Mayor be appointed to sit on the committee with the La Quinta Foundation for the Civic Center purchase and that in future years the representative be drawn by lottery. Motion carried unanimously. MINUTE ORDER NO. 90-9. 6. SECOND READING OF ORDINANCES. ORDINANCE NO. 162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 6.04.060 OF THE MUNICIPAL CODE REGARDING REFUSE DISPOSAL. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 162 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING. SECTION 2.04.010 OF THE MUNICIPAL CODE REGARDING THE CITY COUNCIL MEETING TIME. It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 163 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Mayor Pena NOES: Council Member Sniff ABSTAIN: None ABSENT: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF JANUARY 16, 1990. 3. APPROVAL OF FINAL TRACT NO. 24517 WILLIAMS RANCHO OCOTILLO. 4. ACCEPTANCE OF PLANNING COMMISSION RECOMMENDATION FOR IN-LIEU PARK FEES FOR TRACT 23913 APPLICANT: WALDON FINANCIAL CORPORATION. 5. APPROVAL OF FINAL TRACT MAP 23971-1 DEANE HOMES. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City Council Minutes Page 11 January 16, 19? 6. APPROVAL FOR OUT-OF-STATE TRAVEL TO ATTEND EFFECTIVE FINANCING OF PUBLIC WORKS INFRASTRUCTURE". 7. AUTHORIZATION TO RETAIN THE LAW FIRM OF MCCORMICK, KIDMAN AND BEHRENS FOR SPECIAL SERVICES. 8. TRANSMITTAL OF 1988/89 AUDITED FINANCIAL STATEMENTS. MOTION It was moved by Council Members Bohnenberger/Sniff that Consent Items 1 8 be approved as recommended. Motion carried unanimously. MINUTE ORDER NO. 90-10. COUNCIL COMMENT COUNCIL MEMBER SNIFF asked that the area around the Circle K be investigated, as he's had reports of transients and debris in the area. He also stated that he would like to see the City proceed with the survey of Bermuda Dunes residents regarding annexation as was authorized several months ago. Mr. Kiedrowski advised that staff has contacted a firm that is providing annexation work on another annexation and he has them to submit a proposal to do this work also. He hoped to have a contract in February. Mr. Kiedrowski advised that as of January 19th, the City of La Quinta will be in the jurisdiction of the Indio Office of the Riverside Sheriff's Station rather than the Cove Communities Station. Capt. Doyle will be designated as the City's Chief". PUBLIC COMMENT STEVE REIN, 52-952 Avenida Obregon, addressed the Council advising that he hasn't heard anything on the matter of adoption of fence regulations in the Cove. Mr. Kiedrowski advised that it is being scheduled back to the Planning Commission and Mr. Rein will be getting a letter asking for his suggestions. BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02 .City Council Minutes Page 12 January 16, 1990 Council adjourned to closed session at 9:23 P.M. pursuant to Government Code Sections 54956.9 a) to discuss litigation in particular: City of Indio/Indio Case No. 57496 and Sabo et al Indio Case No. 59315 and for potential land purchase pursuant to Government Code Section 54956.8 There being no further business? the Council meeting was adjourned upon motion by Council Member Bohnenberger, seconded by Mayor Pena and carried. Rejc;%l?ubm;ted? RA City Clerk City of La Quinta, California BIB] 02-13-96-U01 08:39:33AM-U01 CCMIN-U02 01-U02 16-U02 1990-U02