1989 01 03 CC MinutesA LA QUINTA CITY COUNCIL
MINUTES
JANUARY 3, 1989
Regular meeting of the La Quinta City Council was called to order at
the hour of 7:30 P.M., Mayor Pena presiding, 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
allowing for traffic control regulations during the Bob Hope Desert
Classic.
MOTION It was moved by Council Member Bohnenberger, seconded by
Council Member Rushworth that traffic control regulations during the
Bob Hope Desert Classic be added to the agenda, noting that the need
to take action arose after publication of the agenda, to be Consent
Item No. 7. Motion carried unanimously. MINUTE ORDER NO. 89-1.
Mr. Kiedrowski asked that Item No. 5 on the Consent Calendar be
removed.
ANNOUNCEMENTS
At this time, the Mayor asked if any one in the audience wished to
address the Council on any matter. There were no responses.
PUBLIC HEARINGS
1. PUBLIC HEARING ON WEED ABATEMENTS/LOT CLEANING FOR PLACEMENT ON
1989/90 PROPERTY TAX ROLL:
NEAL T. BAKER ENTERPRISES APN 773-154-015 $125.00
SONDRA L. RAUB APN 773-242-002 $125.00
SAN FERNANDO AIRPORT CORP. APN 774-283-017 $125.00
WESTERN AMERICAN CONST. CO. APN 774-142-018 $125.00
Mr. Hirdler, Community Safety Director, advised that hereinabove
lots have been cleaned and the property owners have been notified
of this hearing. To date, no written comments have been received.
The Mayor declared the public hearing OPEN.
There being no one wishing to speak, the hearing was CLOSED.
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ACity Council Minutes 2 January 3, 1989
RESOLUTION NO. 89-1
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 Member Bohnenberger, seconded by Council
Member Sniff that Resolution No. 89-1 be adopted. Motion carried
unanimously.
BUSINESS SESSION
1. ADOPTION OF RESOLUTION ACCEPTING THE DEED TO THE FORMER DESERT
CLUB PROPERTY FROM THE FRITZ B. BURNS FOUNDATION.
Mr. Kiedrowski, City Manager, advised that in order for a public
agency to receive property, it must be formally accepted prior to
recordation of the deed. He recommended that the deed be
accepted subject to final review of documents by the City
Attorney and himself.
LARRY ALLEN, P.O. Box 412, La Quinta, addressed the Council and
expressed happiness with the gift of this property to the City.
He urged that the City hastily spend up to one million dollars
plus interest of Landmark's donation to the City to prepare this
property as a City park for the benefit of all the citizens. He
believed that consideration should be given to discussing with
the Arts Foundation, the possibility of making this a permanent
home for the Arts Festival. He thanked the City Manager for
assisting with this acquisition.
AUDREY OSTROWSKI, P.O. Box 351, La Quinta, also expressed
happiness with this gift, as it will fill a need for the
children. She asked if the property will be given with clear
title, and Mayor Pena advised that it is.
ANN YOUNG, P.O. Box 1384, La Quinta, President of the La Quinta
Cove Association, also expressed delight with this acquisition
and hoped that it will be utilized quickly.
RESOLUTION NO. 89-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ACCEPTING THE DEED TO THE DESERT CLUB PROPERTY FROM
THE FRITZ BURNS FOUNDATION.
It was moved by Council Member Sniff, seconded by Council Member
Bosworth that Resolution No. 89-2 be adopted. Motion carried
unanimously.
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ACity Council Minutes 3 January 3, 1989
2. CONSIDERATION OF AUTHORIZATION TO CONSTRUCT CITY YARD ON AN
UNDEVELOPED PORTION aF THE DESERT CLUB.
Mr. Kiedrowski noted that a map has been submitted to the Council
relative to a site plan for the City's Corporation Yard, to be
located between the tennis courts and the Fire Station, on the
Desert Club Property. He noted that there has been many
complaints about the present location of the City Yard. This
site would be well-screened. He added that there is $30,000
budgeted for the City Yard. The building on the site will be
used for offices, storage and garage.
Council Member Sniff questioned if this is the appropriate time
to make this decision. He also asked if it will be screened all
the way around and what the cost estimates are.
Mr. Kiedrowski advised that staff has been looking at this site
for over a year. Staff feels that this is the best location of
the options available at this time. It will have chain-link
fence all around with oleanders.
Mr. Reynolds advised that a one acre site was estimated to cost
$30,000 with fencing, water lines, and gravel. This site is
somewhat smaller, so the cost should be less.
In response to Council Member Rushworth, Mr. Reynolds advised
that staff is prepared to start work on it immediately.
Mayor Pena did not feel that it should wait, in light of the
numerous complaints we've had about the present location.
Council Member Bohnenberger suggested that the Community Services
Commission be asked to look at possible use of this facility.
Mr. Kiedrowski advised that it is staff's intention to come back
to the Council in the next study session with a list of the items
they believe the City needs to start doing with the property
regardless of the eventual uses. Staff will also come back with
their collective thoughts as to how we should go about sorting
out the potential uses.
Council Member Sniff felt that some thought should be given to
appointing a special committee to review it and report back in 90
days, in order to get the community involved.
PETER ZELLES, P.O. Box 786, La Quinta, confirmed that the present
location of the City Yard is tenuous as the property owner has
expressed a desire to sell the property. He also noted that
sometimes it's difficult to conduct business due to the noise
from the City Yard.
In response to Council Member Rushworth, Mr. Kiedrowski advised
that he will have to come back to the Council for any expenditure
in excess of $10,000. Staff will be keeping the Council informed
of expenses.
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ACity Council Minutes 4 January 3, 1989
MOTION It was moved by Council Member Bohnenberger, seconded by
Council Member Sniff that authorization be given for expenditure
of funds for construction of a Corporation Yard based upon the
plan submitted. Motion carried unanimously. MINUTE ORDER NO.
89-2.
3 ADOPTION OF RESOLUTION OF INTENTION TO ORDER THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 88-1 AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION
THEREWITH.
4. ADOPTION OF RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
IMPROVEMENTS IN ASSESSMENT DISTRICT 88-1 AND AUTHORIZING
SUBMISSION OF PLANS AND SPECIFICATIONS FOR BID.
5. ADOPTION OF RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING
TIME AND PLACE OF HEARING PROTESTS TO PROPOSED IMPROVEMENTS.
Mr. Reynolds, Public Works Director, advised that we have reached
the point in this process where we can now start work on the
improvements in the upper cove, i.e., street construction, curb,
gutter, water line reconstruction and drainage Structures. This
is Phase I of five phases. The Engineer of Work is Joe Kicak of
Kicak and Associates. In addition to this work, is a proposed
Assessment District for the installation of sanitary sewers and
natural gas system. The actions before the Council at this time
would start the formation of that District with a protest hearing
scheduled for February 14th. In the event that the sewers and
gas lines are protested out, the street and water improvements
will proceed.
JOE KICAK, of Kicak and Associates, proceeded to describe the
proposed project and its boundaries. He noted that a revised
Engineer's Report has been submitted to the City Clerk indicating
some changes due to a re-routing of the natural gas line which
now affects some parcels that were not previously affected.
With regard to costs, he advised that the total cost of the
project is $7,427,998 with the Redevelopment Agency picking up
$4,024,371 and Coachella Valley Water District picking up
$1,562,424. The balance of $2,225,017 will be spread to the
property owners through the proposed Assessment District.
In response to questions by Council Member Sniff, Mr. Kicak
advised that the cost to the individual property owner is
estimated at $1,500 for the sewer line and $820 for the gas line
for a total of $2,330 for a fifty foot lot. However, he pointed
out that the actual cost wont be known until the bids are
received. The actual costs will be less than the estimates. The
assessments will be set up for 15 years with a maximum of 12%
interest, he anticipated something considerably lower than 10%.
He added that the streets are going to be reconstructed.
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ACity Council Minutes 5 January 3, 1989
In response to Council Member Bohnenberger, Mr. Kicak advised
that the bids will be received about a week prior to the public
hearing of protests, at which time, the actual figures, rather
than these estimates will be used. Regarding the natural gas
line, as connections to the gas line occur, there will be credit
by the gas company for those properties which have connected.
These properties will be paying for the gas line through the
Assessment District and the District will receive the monies from
the gas company and then pro-rate that back to the property
owners.
Mr. Kiedrowski pointed out that a property owner will have the
option of paying all or part of the assessment within the 30-day
collection period to avoid paying interest.
Mayor Pena asked if anyone in the audience wished to comment.
PETER ZELLES, P.O. Box 786, La Quinta, expressed concern that the
costs are now almost double what they were when this proposal was
first talked about. He also commented that in addition to the
Assessment, there will be connection charges; user charges; and
costs to abandon existing septic tanks. He questioned the cost
for a home built on a double lot.
AUDREY OSTROWSKI, P.O. Box 351, La Quinta, stated that she is in
favor of the sewer, but expressed concern about the costs. She
questioned whether or not there is a any help available to the
property owners.
ANN YOUNG, 77-526 Nogales, noted that a double lot has been
addressed, but she was concerned about the costs for a corner
lot, such as hers. She felt that there are many unanswered
questions.
DENISE JACKSON, 52-805 Navarro, questioned when all of the costs
have to be paid, i.e. collapsing the existing tanks. She
wouldn't be able to come up with these costs up front and knows
of many other people who couldn't.
Mr. Kiedrowski advised that no one will be required to collapse
their septic tanks if they are functioning. If the tank fails,
then they will have to deal with it. Regarding the costs, on a
larger than 50' lot, there is a formula being proposed that does
not assume that the cost will double with a 100' lot. Staff is
in the process of putting together an informational meeting for
the later part of January. Additionally, Mr. Kicak will be
publishing a list of times he will be available in City Hall to
discuss the matter with individual property owners. He added
that all new homes will be required to hook into the sewer system.
Mr. Kicak advised that a 100' frontage is not being assessed
double a 50' lot there is a formula being used in which
frontage was a factor; however a very small factor in the overall
formula. As an example, a 50' frontage versus 75' frontage,
there is an increase in cost of about $200 for combined gas and
sewer representing about 15%.
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ACity Council Minutes 6 January 3, 1989
Council Member Bohnenberger commented that ever since the City
was incorporated, people have wanted to see improvements in the
Cove. The City is putting in $7,500 worth of improvements per
lot and the residents are being asked to front about $2,300 of
it. In other areas of the Valley assessments for similar
improvements are much higher because our Redevelopment Agency is
helping with the costs.
Council Member Bosworth asked if there is any relief individuals
who cannot afford the assessments can apply for, or can the term
be extended. Mr. Kicak advised that there is no process in the
procedures to extend the term.
Council Member Sniff expressed concern that the figures have
changed since this project was proposed and that the final
figures will not be available until the public hearing of
protests.
Mr. Kicak advised that after this meeting, the figures presented
here will be mailed to each property owner. The final figures
after the bids come in, cannot, by law, be higher than these
figures presented.
PETER ZELLES, did not believe that this program has been looked
at thoroughly enough to be in the best economical interest of the
citizens. He also expressed concern that it could be protested
out in certain areas and end up being done in a hop-scotch manner.
RESOLUTION NO. 89-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DECLARING THE INTENT TO ORDER THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 88-1 AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION
THEREWITH.
It was moved by Council Member Bohnenberger, seconded by Council
Member Rushworth that Resolution No. 89-3 be adopted. Motion
carried by the following vote:
AYES: Council Members Bohnenberger, Bosworth, Rushworth,
Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
RESOLUTION NO. 89-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENTS
IN ASSESSMENT DISTRICT 88-1 AND AUTHORIZING SUBMISSION OF PLANS
AND SPECIFICATIONS FOR BID.
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ACity Council Minutes 7 January 3, 1989
It was moved by Council Member Bohnenberqer, seconded by Council
Member Rushworth that Resolution No. 89-4 be adopted. Passed by
the following vote:
AYES: Council Members Bohnenberger, Bosworth, Rushworth,
Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
RESOLUTION NO. 89-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING ENGINEER'S REPORT AND FIXING TIME AND PLACE
OF HEARING PROTESTS TO PROPOSED IMPROVEMENTS.
It was moved by Council Member Bohnenberger, seconded by Council
Member Rushworth that Resolution No. 89-5 be adopted. Passed by
the following vote;
AYES: Council Members Bohnenberger, Bosworth, Rushworth,
Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
6. CONSIDERATION OF REQUEST TO MODIFY CONDITION ll TENTATIVE
TRACT 21555 RELATIVE TO FULL TURN MOVEMENT ACCESS TO WASHINGTON
STREET PARC LA QUINTA/BAR CON DEVELOPMENT NORTHEAST OF
SAGEBRUSH AND WASHINGTON STREET.
Mr. Crump, Planning Director, advised that the first phase of
model construction takes access from Washington and the desire is
to be able to have full-turn movements into the initial Phase I
of the development. Sagebrush, which will ultimately be the main
tract entrance won't be constructed as part of the first phase.
The original condition precluded a median break which would mean
double striping in the interim, but with this temporary
provision, that it would be a broken line, allowing turning
movements into this tract's entrance.
Under the recommendations of the Planning Commission, this
temporary median break approval will expire at the end of two
years, or approval terminates upon which ever occurs first:
A. Completion of model complex-sales; or
B. Construction of Sagebrush; or
C. At the time a raised median is installed.
In response to Council Member Sniff, Mr. Crump advised that the
City Engineer reviewed this matter and did not see a safety
problem until such time as traffic volume increases.
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ACity Council Minutes 8 January 3, 1989
Council suggested a periodic review with Council Member
Bohnenberger suggesting a review on a semi annual basis by the
Technical Traffic Committee.
RESOLUTION NO. 89-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA GRANTING AN AMENDMENT TO APPROVAL CONDITION #11 OF
CITY COUNCIL RESOLUTION #88-105.
It was moved by Council Member Bohnenberger, seconded by Council
Member Sniff that Condition No. 11 be approved as amended to read
A permanent median break shall not be permitted along Washington
Street. A temporary median break may be permitted. This
temporary median break approval shall be reviewed by the
Technical Traffic Committee every six months, but shall expire at
the end of two years, or approval terminates..........
Motion carried unanimously.
7. SECOND READING OF ORDINANCES:
ORDINANCE NO. 133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE, TITLE 9,
PLANNING AND ZONING, BY INSERTING THREE NEW CHAPTERS: CHAPTER
9.90 C-V COMMERCIAL VILLAGE) ZONE"; AND CHAPTER 9.183 DESIGN
REVIEW"; AND BY AMENDING TWO CHAPTERS: 9.180 PLOT PLANS" AND
9.182 RESIDENTIAL AND COMMERCIAL DEVELOPMENT PLOT PLANS" WITH
THE INSERTION OF REFERENCES TO DESIGN REVIEW.
It was moved by Council Member Sniff, seconded by Council Member
Bohnenberger that full reading of Ordinance No. 133 be waived and
same adopted. Passed by the following vote:
AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
ORDINANCE NO. 134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTERS 9.156 AND 9.42 OF THE MUNICIPAL
CODE ZONING ORDINANCE) CASE NO. ZOA 88-00?).
It was moved by Council Member Sniff, seconded by Council Member
Bohnenberger that full reading of Ordinance No. 134 be waived and
same adopted. Passed by the following vote:
AYES: Council Members Bohnenberger, Bosworth, Rushworth,
Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
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ACity Council Minutes 9 January 3, 1989
8. CONSIDERATION OF APPEAL BY BEN URMSTON OF THE DECISION OF THE
FIRE MARSHALL REQUIRING SPRINKLERS IN THE PROPOSED OFFICE
BUILDING TO BE LOCATED AT AVENIDA BERMUDAS AND CALLE CADIZ.
Mr. Crump noted that the City Council sits as the Board of
Appeals for matters concerning the Uniform Fire Code. Staff is
recommending that the Council uphold the decision of the Fire
Marshall.
DENNIS DAWSON, Deputy Fire Marshall, advised that the City Code
requires the installation of automatic fire sprinkler systems in
buildings constructed for R-3 occupancies. This proposed
building contains an area on the second floor which is classified
as an R-3 occupancy based upon its use as an efficiency dwelling
unit. This area was used in calculating total square footage
which brings it to the 5,000 square feet, thus requiring
sprinklers. Even though it is mixed-use occupancy, the
predominate use of the building is office or B-2 occupancy 92%).
WARREN JOHNSON, 35 West Orange Grove Avenue, Arcadia, Developer
of the proposed building advised that they are currently on the
line as far as economic feasibility as to whether or not to
proceed. If they are required to install $20,000 in a sprinkler
system, they more than likely would not be able to proceed. They
currently have 2,786 square feet in leasable area. They were not
informed when the new Fire Code was adopted.
BOBBY BLAIR, Contractor, advised that this requirement would pose
a hardship to the point that the building may not be built. A
week ago they were advised that the permits were ready to be
issued and they had their financing in place. It was only then
that they realized there was a problem. His concern is that this
requirement falls into a grey area in the Code and did not agree
with the square footage calculations.
BEN URMSTON, Architect for the project, advised that he has been
working closing with City Staff for over two years. He designed
this building in accordance with City Codes. Now at this late
date, he is informed by the Fire Marshall that their calculations
includes 448 sq. ft., which is an R-3 occupancy having no common
walls with the rest of the second floor it is totally divorced
from the rest of the second floor. It doesn't even have a common
floor with the office areas it is above the mechanical room and
restrooms.
In response to Council Member Bohnenberger, Mr. Urmston advised
that in his meeting with the Fire Marshall in Palm Desert, in
which he inspected the plans, the Fire Marshall advised that he
had no problems with them except for a minor shortfall on the
hose length and he was asked to take the plans to the Fire
Marshall in Indio. This was last May and he was not told at that
time of a sprinkler requirement had he known, he would have
re-designed the building.
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ACity Council Minutes 10 January 3, 1989
Council Member Bohnenberger noted that in spite of the living
area, there are 1,700 sq. ft. which is either covered walkway or
covered parking and has nothing to do with the commercial aspect
of the building. He expressed concern about the plans having
been submitted so long ago and just now finding out about this
requirement. He was inclined to grant the appeal, noting that
there are some grey areas concerning interpretation.
DENNIS DAWSON, advised that under the Code they are required to
provide a safe exit from a building and until they are out from
under the covered walkway, they are still within building area
and he believed that the Fire Code supports this interpretation.
Council Member Sniff felt that this decision is going to come
down to interpretive judgement on the Council's part. He
believed that the building is not in the strictest
interpretation, a 5,000 sq. ft. commercial building. While he
was sympathetic with the Fire Department, he felt the Council
should up-hold the developer.
MOTION It was moved by Council Member Sniff, seconded by
Council Member Bohnenberger that the appeal of Ben Urmston be
granted. Motion carried unanimously. MINUTE ORDER NO. 89-3.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER.
2. APPROVAL OF MINUTES OF DECEMBER 20, 1988.
3. APPROVAL OF FINAL TRACT MAP 23813 AND RELATED SUBDIVISION
IMPROVEMENT AGREEMENT LOS ESTADOS, SANTA ROSA COVE.
4. APPROVAL OF SPECIAL ADVERTISING DEVICES FOR THE SENIOR SKINS GAME
APPLICANT: LANDMARK LAND CO. LOCATION: SANTA ROSA COVE.
5. WAIVER OF FEES FOR BOB HOPE DESERT CLASSIC.
6. DENIAL OF CLAIM OF JOHN M. CARROLL.
7. ADOPTION OF RESOLUTION ESTABLISHING TRAFFIC CONTROL REGULATIONS
DURING THE BOB HOPE DESERT CLASSIC.
MOTION It was moved by Council Member Bohnenberger, seconded by
Council Member Sniff that Consent Items 1 through 7 be approved
as recommended with Item No. 5 having been removed and with Items
1 and 7 being approved by Resolution Nos. 89-7 and 89-8
respectively. Motion carried unanimously. MINUTE ORDER NO. 89-4.
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ACity Council Minutes 11 January 3, 1989
COUNCIL COMMENT
Mayor Pena informed the Council that there is an artist willing to
donate a sculpture to the City providing that it is displayed in
public view. Mrs. Hogan, owner of Hogans Art Gallery would like to
see it displayed on the island between her building and the Vino Cafe.
PUBLIC COMMENT
ANN YOUNG, addressed the Council regarding Ordinance No. 134
regarding pad heights and hoped that builders are watched carefully.
She noted the property owner next to her built a retaining wall and
put the footings on her property.
There being no further business, the meeting was adjourned at 10:00
P.M to study session upon motion by Council Member Sniff, seconded
by Council Member Bohnenberger and carried unanimously.
Respectfully submitted,
SAUNDRA L JUHOLA, City Clerk
City of La Quinta, California
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