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1988 08 16 CC Minutes LA QUINTA CITY COUNCIL MINUTES AUGUST 16, 1988 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M., Mayor Hoyle presiding, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle ABSENT: None CONFIRMATION OF AGENDA PUBLIC COMMENT AUDREY MARSHMAN, 53-955 Velasco, addressed the Council on the issue of code enforcement in the cove stating that it's not lot cleaning that is a concern, but rather general code enforcement, i.e. inoperable vehicles and various other trash is allowed to accumulate on empty lots; garage sale signs are placed on signs and poles; homes are being used to conduct businesses and recreational vehicles are being parked on vacant lots and on driveways. CECIL HARTMAN, 53-345 Vallejo, cited various code violations he is aware of including building code violations. COMMENT BY COUNCIL MEMBERS COUNCIL MEMBER BOHNENBERGER Commented that this has been a sad week in La Quinta with the loss of Ruth Campagna. He asked for a moment of silence in her memory. PUBLIC HEARINGS - None were scheduled WRITTEN COMMUNICATIONS - None City Council Minutes Page 2 August 16, 1988 DEPARTMENTAL REPORTS a. City Manager. Mr. Kiedrowski advised that there has been on-going discussions between staff and La Quinta Dunes and late this afternoon, our City Attorney talked to Mr. Erwin, attorney for La Quinta Dunes and they hope to be able to conclude a possible settlement. Mr. Erwin requested that the public hearing scheduled for September 6th be carried over for 60 days. Mr. Brandt, City Attorney, suggested that it be left on the agenda, but noted that it will be carried over for 60 days. Council concurred. Mr. Kiedrowski advised that the cove improvement project has been rescheduled and he would provide the Council with a revised schedule. b. Assistant City Manager - No Report. c. Administrative Services Director - No Report. d. Community Safety Director In response to Council's discussion in study session regarding skateboarding, Mr. Hirdler advised that staff recommends that the area at the end of Calle Amigo be used for such purpose. He asked that the Council drive by the location within the next couple of weeks and let him know their thoughts. Mr. Hirdler advised that a committee is being set up to review special permits. This committee will be calling a meeting of all promoters in the near future to review the City's procedures with them. e. Planning Director. Mr. Crump presented a report on the Home Enhancement Program advising that to date, there have been 21 applications processed, of which 6 qualified. The total value of the work underway is $8,925 and the total grant amount requested and approved is $5,245. Mr. Crump noted that in the first seven months of this year, the building valuation has achieved almost twice that of last year. City Council Minutes Page 3 August 16, 1988 f. Public Works Director. Mr. Reynolds advised that the work on Eisenhower will begin a week from Monday. It should be completed in six to eight weeks. On September 6th he planned to call for bids on the signalization of Eisenhower and Coachella and on the pumping station at Highway 111 and Washington Street. BUSINESS SESSION 1. REPORT OF CITY ATTORNEY AND DISCUSSION OF TRANSPORTATION UNIFORM MITIGATION FEES. Mr. Brandt advised that the City has a community infrastructure fee which is a means of localized funding by an exaction method whereby when development takes place to a certain extent, there would be exactions or fees raised from those permits which go towards making a variety of community infrastructure improvements. Probably, in excess of a half of that infrastructure fee would be duplicated by what is intended to be paid for by TUMF. We are the only City in the Valley with such an infrastructure fee in place, so it's very important that we integrate our fee with TUMF so that we don't double dip with developers. That will eventually have to be negotiated with the JPA that will be formed. He believed that it's premature to adopt the ordinance at this time. Council Member Cox suggested sending a copy of Mr. Brandt's memorandum to the other cities and the County. She felt that a lot of the other cities have some of the same concerns we have, which include the AB 1600 matter. Mr. Kiedrowski believed that no matter what ordinance is adopted valley-wide, we're going to have to tailor make it to determine what part of it is already covered by our infrastructure fee and what part is not. He felt that the question on August 29th is are the cities in favor of the concept, knowing that there will be no standard ordinance for all jurisdictions. C6uncil Member Sniff expressed concern over the legality of this issue and felt that we're being pushed. He favored a wait and see stance until the vagueness is ironed out. Mayor Hoyle stated that the push is for 'adoption, but he did not believe that the City should consider such action prior to County adoption, even though he firmly believed in a transportation program. Council Member Pena suggested that by sending our concerns, if others feel they are valid, then they can be incorporate into the ordinance. City Council Minutes Page 4 August 16, 1988 Mr. Kiedrowski stated that if the Council has feelings about contributing part of our infrastructure to a regional program, then we can say that we adopted something three years ago and if this program meets our needs we will consider amending it and contribute part of the funds to a regional effort. Almost 55% of our infrastructure program is related to transportation, i.e. roads, streets, and bridges. Mayor Hoyle suggested that we send the City Attorney's comments to the other cities and the County with the statement that we have met the requirement of the TUMF concept and would be prepared to amend that if the appropriate time comes to contribute our fair share into a regional effort. MOTION - It was so moved by Council Member Cox, seconded by Council Member Pena. Mr. Brandt suggested that instead of following through with the motion that he and the City Manager be authorized to follow through with a memorandum using language indicating that if our legal and practical concerns are met, we would be inclined to favorably consider it. Mr. Kiedrowski stated that he and the attorney have a sense of what the Council wishes to say, i.e. 1. We have been dealing with the transportation issue for several years. 2. We know there's a regional problem. 3. If other events take place, i.e, formation of JPA and passage of increase in sales tax, we would be favorable disposed to adopting an ordinance. 4. Sending along the City Attorney's report. The motion was withdrawn. Council concurred to direct staff to develop such a statement. 2. DISCUSSION OF DESERT RESORT COMMUNITIES CONVENTION AND VISITORS BUREAU DUES. Council Member Pena advised that recently, he and the Mayor and City Manager attended a meeting regarding the merger of the two convention bureaus. At that meeting, the Chairman asked that all cities pay their dues as they have a cash flow problem. They are requesting a quarterly payment which would be $8,750. Discussion ensued with concern being expressed about the financial condition of the DRCCVB, especially a debt owed to Internal Revenue Service, which Council Member Pena stated that it was his understanding that they have settled up with IRS. City Council Minutes Page 5 August 16, 1988 Discussion concluded with Council concurring on carrying this matter over and have the new Director of the CVB address the Council on the matter of their fiscal position; budget and marketing plan and to present a financial statement. The City Attorney was asked to review their Charter. 3. ADOPTION OF RESOLUTION AMENDING RESOLUTION NO. 88-103 - ESTABLISHING AN EFFECTIVE DATE FOR IMPLEMENTATION OF SAME. Mr. Kiedrowski read the proposed resolution and stated that when Resolution No. 88-103 was adopted, it was not intended to take effect immediately so that individuals who are planning projects can plan for the revised fees. Staff is suggesting an effective date of January 1, 1989 as the planning stage is generally four to five months. RESOLUTION NO. 88-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 88-103. It was moved by Council Member Sniff, seconded by Council Member Cox that Resolution No. 88-106 be adopted setting an effective date of January 1, 1989 for Resolution No. 88-103. Motion -- carried unanimously. 4. CONSIDERATION OF REQUEST FROM LANDMARK LAND CO. FOR A SPECIAL ADVERTISING DEVICE - LOCATED AT THE NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET. Mayor Hoyle advised that he will be abstaining from this issue due to a conflict of interest as his family receives more than $250 yearly from Landmark Land Co. Mr. Crump, Planning Director, advised that Landmark Land Co. has submitted a request to use an existing sign board located on the northwest corner of Avenue 50 and Jefferson Street for new copy. The new copy will advertise the La Quinta Hotel, the golf and tennis facilities available adjacent to the hotel and availability of dwellings and lots for purchase. The request is for three years with extensions if specific criteria is met. Section 5.64 of the City Code allows for advertising devices other than the usual and customary permanent business identification signs. However, he noted that when the sign regulations were adopted, off-site directory signs were not included in lieu of the directory signs placed throughout the --- City by the Building Industry Association which developers have access to. In taking action on a permit, the Council must find that the special advertising device would not: City Council Minutes Page 6 August 16, 1988 * Constitute a traffic hazard or nuisance to adjacent or surrounding properties or to the public at large; or, * Be detrimental to the public convenience or welfare; or, * Be inconsistent with the various elements and objectives of the General Plan and all other officially-adopted policies and regulations of the City. Council Member Sniff asked if the sign will be structurally modified. GREG ABADIE, 76-942 Mazatlan, Project Director for the La Quinta Hotel Golf and Tennis Resort, stated that they have been an active participant in the off-site sign program that has been put in place in coordination with the BIA. He advised that all they're trying to do is modify the verbiage on the sign. They believe that this sign will help their resort by capturing the traffic northbound on Jefferson. MOTION - It was moved by Council Member Sniff, seconded by Council Member Cox that approval for the requested sign be given for three years and to allow an opportunity for renewal by the City Council at that time and making the recommended findings. Motion carried unanimously. MINUTE ORDER NO. 88-112. 5. SECOND READING OF ORDINANCES: ORDINANCE NO. 126 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. 88-033, PURSUANT TO SECTION 65859 OF THE STATE GOVERNMENT CODE. It was moved by Council Member Cox, seconded by Council Member Sniff that full reading of Ordinance No. 126 be waived and same adopted on second reading. Passed by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 127 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. 88-032, PURSUANT TO SECTION 65859 OF THE STATE GOVERNMENT CODE. City Council Minutes Page 7 August 16, 1988 It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that full reading reading of Ordinance No. 127 be waived and same adopted on second reading. Passed by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None Council Member Bohnenberger advised that he had a call from a lady from the Bermuda Dunes area who is interested in annexation and he and the Mayor and City Manager will be meeting with her to discuss it. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. ACCEPTANCE OF WASHINGTON STREET WIDENING PROJECT AND AUTHORIZATION TO FILE NOTICE OF COMPLETION. 3. AWARD OF BID FOR 1/2 TON PICK-UP TRUCK TO SIMON MOTORS IN THE AMOUNT OF $ 8,692.00. 4. RECEIPT OF REPORT OF PLANNING COMMISSION ACTION ON NEW UNIT TYPES PROPOSED FOR TRACT 21381 - PGA WEST - APPLICANT, SUNRISE CO. 5. AUTHORIZATION FOR OUT-OF-STATE TRAVEL - CITY BUILDING OFFICIAL TO ATTEND ICBO CONFERENCE IN SEATTLE, WASHINGTON SEPTEMBER 11-16. MOTION - It was moved by Council Member Pena, seconded by Council Member Sniff that Consent Items be approved with Item No. 1 being approved by Resolution No. 88-107. In answer to Mayor Hoyle, Mr. Kiedrowski advised that there were two trucks budgeted. One is being purchased now as an emergency measure and the other will be purchased later in the year. Motion carried by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES:None ABSTAIN:None ABSENT:None MINUTE ORDER N0.88-113 City Council Minutes Page 8 August 16, 1988 COMMISSION/COMMITTEE REPORTS a. C. V. Recreation and Park District. - No report. b. Planning Commission - Minutes of July 26, 1988. Noted and filed. c. Community Services Commission - Minutes of July 25, 1988. Council Member Sniff referred to Ms. Jaffy's comment about a three year term being adequate as it would give opportunity for more citizens to take part in serving on the Commission and felt that the Council should discuss this at some point in the future. Council concurred. At 8:57 P.M., it was moved by Council Member Bohnenberger, seconded by Council Member Pena that Council adjourn to closed session to discuss litigation - La Quinta Dunes/Indio Case No. 52783 and Grimes/Case No. 46704. Motion carried unanimously. Meeting reconvened to regular session with no action being taken. There being no further business, the meeting was adjourned. tted, SAUNDRA L. JUHOL~" City of La Quinta, california