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1990 02 06 CC Minutes; LA QUINTA CITY COUNCIL MINUTES FEBRUARY 6, 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, Rushworth, Sniff, Mayor Pena ABSENT: Council Member Bosworth MOTION It was moved by Council Members Bohnenberger/Rushworth to excuse Council Member Bosworth. Motion carried unanimously. CONFIRMATION OF AGENDA- Confirmed PRESENTATIONS Mayor Pena presented the following La Quinta Beautiful Awards for the month January: MOST BEAUTIFUL Mr. & Mrs. David Cetina, 51-265 Calle Quinto MOST IMPROVED Mr. & Mrs. John Porter, 52-975 Obregon. HONORABLE MENTION Mr. & Mrs. Dan Featheringill, 52-545 Avenida Juarez ANNOUNCEMENTS Mayor Pena introduced the City's Deputy City Attorney, Celeste Brady. PUBLIC HEARINGS 1. PUBLIC HEARING ON TENTATIVE TRACT 25389 FOR SUBDIVISION OF 63.6 ACRES INTO 254 SINGLE FAMILY LOTS & NUMEROUS STREET LOTS & 1 FUTURE SINGLE FAMILY LOT LOCATED ON THE SOUTH SIDE OF AVENUE 50, GENERALLY BETWEEN WASHINGTON ST. & PARK AVE. AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION APPLICANT: M. J. BROCK & SONS, INC. Mr. Herman presented staff report advising that the proposal is to subdivide 63.6 acres into 254 single family lots east of Washington between Avenue 50 and Calle Tampico extension, Calle Rondo and Park Avenue alignment. The Planning Commission considered this map and following modification of some conditions, recommended approval and concurrence with environmental determination. Council Member Bohnenberger questioned Conditions 6 & 7 asking why chain link with oleanders was specifically allowed versus chain link with other vegetation or landscaping. BIB] 02-13-96-U01 08:41:10AM-U01 CCMIN-U02 02-U02 06-U02 1990-U02 ;City Council Minutes Page 2 February 6, 1990 Mr. Herman advised that on Calle Ultimo there is an existing chain link fence with oleander and their desire was to carry this treatment over. In further response, he advised that there is a possibility of putting in chain link around the maintenance yard and abandoning the end of Ultimo. KEN AYERS, 250 E. Rincon, Corona, representing the applicant, addressed the Council advising that they have been in business since 1922 specializing in single family homes. These homes are planned to sell for between $250,000 $350,000 and will be between 2,000 and 3,000 sg. ft. It will be a walled and gated community. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 90-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING TENTATIVE TRACT 25389 TO ALLOW THE CREATION OF A RESIDENTIAL SUBDIVISION ON 63.6 ACRE SITE CASE NO. TT 25389 M.J. BROCK & SONS, INC. It was moved by Council Members Bohnenberger/Rushworth that Resolution No. 90-7 be adopted and confirming the environmental assessment. Motion carried unanimously. 2. PUBLIC HEARING ON TENTATIVE TRACT 25397 TO RE-SUBDIVIDE A 17.5 ACRE PORTION OF TRACT 20717 FROM 3 CONDOMINIUM LOTS WITH 51 LOTS TO 31 INDIVIDUAL SINGLE FAMILY LOTS FOR CUSTOM HOMES WITHIN PGA WEST GENERALLY ALONG THE NORTH SIDE OF PEBBLE BEACH AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION. APPLICANT: SUNRISE DESERT PARTNERS. Mr. Herman presented staff report advising that this tract is a resubdivision of a portion of Tract 20717-2A at PGA West, which is currently plotted for 51 condo units on 3 lots. Tentative Tract 25397 proposes 31 single family lots for custom homesites. ALLAN LEVINE,42-600 Cook St., Vice President of Sunrise advised that they are in agreement with all of the recommended conditions. The declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 90-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONCURRING WITH THE ENVIRONMENTAL DETERMINATION AND GRANTING APPROVAL OF TENTATIVE TRACT 25397 TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION. CASE NO. TT 25397 SUNRISE DESERT PARTNERS. BIB] 02-13-96-U01 08:41:10AM-U01 CCMIN-U02 02-U02 06-U02 1990-U02 ;City Council Minutes Page 3 February 6, 1990 It was moved by Council Members BohnenbergerlRushworth that Resolution No. 90-8 be adopted and concurring with the environmental determination. Motion carried unanimously. WRITTEN COMMUNICATIONS a. Letter from City of Indio to Desert Sands School District regarding the naming of a new school. Noted and filed. b. Letter from La Quinta Arts Foundation supporting the renaming of a street to Andy Williams Drive". Noted and filed. BUSINESS SESSION 1. PRESENTATION OF REPORT BY ENVIRONMENTAL CONSERVATION COMMITTEE REGARDING HILLSIDE CONSERVATION. Fred Wolff, Chairman of the Environmental Conservation Committee addressed the Council and introduced members Katie Barrows, Sharon Kennedy, and Maureen Mendoza and advised that Howard Nelson was ill and unable to attend. He then proceeded to review the past history of this issue advising that the Council adopted an ordinance regulating hillside development in October. Some of the citizens did not believe that ordinance to be strong enough, thus the committee was formed. He also related the national concern over the environment and the residents of our community are equally concerned about preservation of our wilderness areas and hillsides. He commented that La Quinta is the only City in the Valley still left with virgin wilderness and hillsides. Mr. Wolff presented exhibits showing that over 50% of the hillsides are in private ownership with 8 or 10 owners. He also pointed out there area areas where a person with 200 acres can put in a golf course with 20 homes. The Committee concluded that there is only one solution to protecting our hillsides and that is to find some way to turn the current, privately-held parcels into public ownership. That has to be accomplished without any loss of value to the current owners. They strongly recommended that the City make that its' goal that all property in the hillsides shall eventually be publicly owned and nothing shall be developed there. The most effective way to proceed is to draw on a variety of agencies that have programs for exchanging areas that are to be preserved for land that they own, that can be developed. BIB] 02-13-96-U01 08:41:10AM-U01 CCMIN-U02 02-U02 06-U02 1990-U02 ;City Council Minutes Page 4 February 6, 1990 KATIE BARROWS addressed the Council on various ways in which the hillsides can be protected, such as. designation as a National Scenic Area; or designation as a Big Horn Sheep Preserve; establishment of a Santa Rosa Mts. Conservancy; or establishment of a private, non-profit trust. She felt that the Committee would be willing to assist the City in further exploring these options. FRED WOLFF stated that the recommendation of the Committee is that the City not to approve or accept any developments in the open space areas for a one year period, which could be a testing time; developmental period and initial implementation period. At one year, the City would work with the owners of the parcels and the agencies discussed to see how much land can be converted. They also ask for a response from the Council within 60 days. He felt that there is an opportunity here for the City to be a model for the nation insofar as how to protect lands that have not yet been developed. The City Council proceeded to express their wholehearted support for seeking ways in which to strengthen our ordinance and to preserve the hillsides. They also commended the Committee on an excellent job. MOTION It was moved by Council Members Sniff/Bohnenberger that the Environmental Conservation Committee 5 recommendations be agendized to the Planning Commission within the next 60-days for consideration and that the City Attorney review the recommendations to see how they meld with current law. Motion carried unanimously. MINUTE ORDER NO. 90-11. 2. PRESENTATION OF REPORT BY MRS. MENDOZA REGARDING RIVERSIDE COUNTY LIBRARY ADVISORY BOARD. Mrs. Mendoza, the City's representative on the Riverside County Library Advisory Board advised that an Annual Report has been completed which she will provide to the City. She related various statistics which show that the library is being well used. She commended the City Council for indicating their intent to apply for library construction funds for a new facility. 3. CONSIDERATION OF APPROVAL OF AGREEMENT WITH GRUEN ASSOCIATES FOR CIVIC CENTER DESIGN SERVICES. Mr. Reynolds presented the Council with the proposed contract with Gruen Associates for Civic Design Services. He advised that the work will be contracted on a phase basis", with the first phase contract being for basic architectural and engineering services at a cost $134,400. The total Phase I construction cost at this point without having done further schematic design) is $6.6 million this is for administration; council chambers; site finish; site temporary; furniture, fixtures and equipment and a contingency. BIB] 02-13-96-U01 08:41:10AM-U01 CCMIN-U02 02-U02 06-U02 1990-U02 ;City Council Minutes Page 5 February 6, 1990 MARIS PEIKA, Architect with Gruen Assoc., addressed the Council and related his recent experience in designing the civic center in Rialto which contributed to the rationale in phasing the work. He then presented a 3-dimensional model of his proposed master plan and schematic designs of the master plan. He advised that the first phase will take about 60-days to complete. ELLIE DOWD, 50-015 Rosarita, asked where on site plan, the Arts Foundation Facility is being planned and Mayor Pena responded. Mr. Kiedrowski advised that the contract does not have to be approved this evening, it can be carried aver to the next meeting. He asked that if the Council has any concerns, to let him know within the next few days so that they may be addressed. Ms. Brady, Deputy City Attorney, advised that Ms. Honeywell has reviewed the contract in depth and concurs with it. Council concurred on carrying over approval of the contract to the next meeting. 4. CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE SECTION 16.02.010 ADOPTING RIVERSIDE COUNTY'S ORDINANCE NO. 682 BY REFERENCE REGARDING PUBLIC AND PRIVATE WELL DRILLING ACTIVITIES. Mr. Reynolds advised that in 1986, the State Legislature amended Water Code Section 13801 requiring the State Water Resources Control Board to adopt a model water well ordinance effective January 1, 1990. If a local government fails to adopt its own well ordinance, the model ordinance adopted the State Board would take effect on February 15, 1990. In response to this mandate, Riverside County revised its well ordinance to conform to State criteria. The C. V. Water District recommends that the Council adopt this County ordinance by reference. MOTION It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 165 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 165 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING RIVERSIDE COUNTY'S ORDINANCE NO. 682 REGARDING PUBLIC AND PRIVATE WELL DRILLING ACTIVITIES BY REFERENCE. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 165 be introduced on first reading. Motion carried by the following vote.. AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None BIB] 02-13-96-U01 08:41:10AM-U01 CCMIN-U02 02-U02 06-U02 1990-U02 ;City Council Minutes Page 6 February 6, 1990 5. CONSIDERATION OF REQUEST FOR APPROVAL OF WAIVER OF CONDITIONAL USE PERMIT FILING FEE OF $1,695 TO ALLOW GRANNY FLAT" AT 53-765 AVENIDA JUAREZ. APPLICANT: HAZEL PIERCE MANFRA. Mr. Herman advised that a request has been received from Hazel Pierce-Manfra of 53-765 Avenida Juarez asking for a modification in a conditional use permit fee application. The applicant wishes to apply for a CUP to allow a granny flat" on her property, but feels that the fee of $1,695 is too much money to pay for a variation which involves household use. In response to questions by Council, Mr. Herman advised that our fees were adopted in 1982 and have not been up-dated. This fee represents the City's costs in the application. The difference between a granny flat" and a guest house" is the inclusion of cooking facilities. He noted that there is always a concern that once the family member for which the granny flat" is built for is no longer living there, that the unit will become a rental. Such a unit can either be attached to the house or be a separate structure. Mrs. Manfra addressed the Council explaining that this granny flat" is an integral part of the house. They wish to include a cooking facility so that her mother-in-law who will be living there) will be able to maintain her life style, independence, and identity. MOTION It was moved by Council Members Sniff f/Bohnenberger to waive the Conditional Use Permit Filing Fee of $1,695 for a granny flat" inasmuch as this unit is an integral part of the house and readily usable as a rental. Motion failed to carry with Council Member Rushworth and Mayor Pena voting NO. 6. SECOND READING OF ORDINANCES. 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 Bohnenberger/Sniff that Ordinance No. 164 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth BIB] 02-13-96-U01 08:41:10AM-U01 CCMIN-U02 02-U02 06-U02 1990-U02 ;City CoUncil Minutes Page 7 February 6, 1990 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF JANUARY 16, 1990. 3. AUTHORIZATION TO CALL FOR BIDS FOR STREET SWEEPING SERVICES. 4. AUTHORIZATION FOR OUT-OF-STATE TRAVEL FOR PLANNING DIRECTOR TO ATTEND NATIONAL AMERICAN PLANNING ASSOCIATION CONFERENCE APRIL 21-25, 1990. 5. APPROVAL OF FINAL TRACT NO. 24801 AND ACCEPTANCE OF SUBDIVISION IMPROVEMENT AGREEMENTS. 6. APPROVAL OF FINAL TRACT NO. 24317-2 AND ACCEPTANCE OF SUBDIVISION IMPROVEMENT AGREEMENTS. 7. APPROVAL OF TRANSFER OF $1,000 FROM CONTINGENCY ACCOUNT FOR PLANNING COMMISSIONERS ATTENDANCE AT WORKSHOPS. 8. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONSULTANT CONTRACT WITH J. F. DAVIDSON ASSOC. IN AN AMOUNT NOT TO EXCEED $18,000 REGARDING THE BERMUDA DUNES AREA. 9. REFERRAL OF REQUEST FOR EQUESTRIAN ZONING AT GREEN VALLEY RANCHES TO PLANNING COMMISSION. Item No. 9 was removed from the Consent Calendar. MOTION It was moved by Council Members Bohnenberger/Rushworth that Consent Calendar Items 1 through 8 be approved as recommended. Motion carried unanimously. MINUTE ORDER NO. 90-12. Regarding Item No. 9, GARY BLEKA, 80-961 Vista del Mar, addressed the Council wishing for consideration of eguestrian zoning in the area surrounding Green Valley Ranches and not just be limited to Green Valley Ranches. Mr. Kiedrowski advised that the action to refer to the Planning Commission does not restrict them from broadening the request if other property owners ask for the same consideration. MOTION It was moved by Council Members Bohnenberger/Sniff that Consent Calendar Item No. 9 be approved as recommended. Motion carried unanimously. MINUTE ORDER NO. 90-13. BIB] 02-13-96-U01 08:41:10AM-U01 CCMIN-U02 02-U02 06-U02 1990-U02 ; City Council Minutes Page 8 February 6, 1990 COUNCIL COMMENT COUNCIL MEMBER BOHNENBERGER complimented staff on the new City Flag. COUNCIL MEMBER SNIFF suggested that the City erect an entrance sign other than the usual City Limit Signs. Mr. Kiedrowski suggested sending this matter to the Design Review Committee. PUBLIC COMMENT ELLIE DOWD, 50-015 Rosarita, expressed appreciation to the Council on behalf of Santa Rosa Cove for their cooperation in the issues involving their neighborhood. Council adjourned to closed session at 9:55 P.M. pursuant to Government Code Sections 54956.9 a) to discuss litigation in particular: City of Indio/Indio Case No. 57496 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. Re ctfully submitted, A?UNDRA L. City Clerk City of La Quinta, California BIB] 02-13-96-U01 08:41:10AM-U01 CCMIN-U02 02-U02 06-U02 1990-U02