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1989 09 19 CC Minutes - LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 19, 1989 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 ANNOUNCEMENTS None PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON ZONING ORDINANCE TEXT AMENDMENT 89-009 TO AMEND THE FENCING REGULATIONS TO REQUIRE DECORATIVE FENCES AND WALLS IN THE FRONT YARD IN THE SPECIAL RESIDENTIAL ZONE SR). Mr. Herman presented staff report advising that this matter was carried over from the last meeting so that it could be discussed during study session. The proposed amendments were recommended for approval by the Planning Commission on a 3-0-1 vote. The amendment regulates the type fencing in the front yard area; street side yard area and between structures and interior side property lines. The Mayor advised that the public hearing was still OPEN and asked if anyone wished to speak. STEVE REIN, 52-952 Obregon, representing the La Quinta Cove Association, advised that they wish to see this amendment adopted in an effort to beautify the cove. There being no one else wishing to speak, the hearing was CLOSED. Council Member Bohnenberger noted that during the Study Session, the Council gave staff some guidelines as to the direction they wished to see these regulations go and asked how soon it could be brought back for reconsideration. Mr. Herman advised that it would probably be in November as it will have to go back to the Planning Commission. MOTION It was moved by Council Members Bohnenberger/Rushworth that these proposed standards be revised and be brought back to the Planning Commission and City Council. Motion carried unanimously. MINUTE ORDER NO. 89-101. BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02 -City Council Minutes Page 2 September 19, 1989 2. CONTINUED PUBLIC HEARING ON ZONING TEXT AMENDMENT 89-008 AND CHANGE OF ZONE 89-043 AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 9.145 HILLSIDE CONSERVATION ZONE AND REZONE THOSE PROPERTIES WHICH MEET ITS CRITERIA SET FORTH IN THE ORDINANCE TO HILLSIDE CONSERVATION FROM VARIOUS RESIDENTIAL ZONING DESIGNATIONS AND CONFIRMATION OF THE ENVIRONMENTAL DETERMINATION. Mr. Bower, Principal Planner, advised that the Council has been presented with the resolution accepting the negative declaration for CEQA purposes and an ordinance which has three parts 1) adopts hillside conservation zoning ordinance amendment; 2) adopts the transfer of development rights; and 3) changes the zones from various zones to Hillside Conservation for all the land that is in the open space designation in the General Plan. He noted that three letters have been received one in favor of the proposal and two against. The Mayor declared the public hearing OPEN. FRED WOLFF, 77-227 Calle Ensenada, commented on the importance of this decision and that it is probably the most important one the Councilmen will make while on the Council. Hillside development restrictions are generally controversial, mostly with developers not the people. He believed that the mountains are the biggest asset of La Quinta. He felt that the proposed ordinance takes a step, but is highly inadequate as he believed that it still opens some doors for development. Unless it is tightened up, he may go to the people to start an initiative process to restrict any development in the mountains. The people are probably willing to pay some law suits rather than see any development in the mountains. JACK BECKER, 1607 Agusta Plaza Drive, Palm Springs, advised that he is one of the owners of the south half of Section 29, which is in the cove, over-looking La Quinta. In response to Mr. Wolff's comments about the people wishing to see no development in the mountains, he believed that if any of them owned 312 acres, they would feel differently. He has owned this property for many years and he has partners and business interests who are interested in this property and they have aspirations of building a quality mountainside hotel on it. He felt that there should be a clause in the ordinance allowing the Council the ability to consider something if it was feasible and would in no way take away from the natural beauty of the mountains, but rather enhance them. He added that there is no better revenue to a City than hotel room occupancy. KATIE BARROWS, 53-277 Avenida Diaz, stated that after hearing both sides, she felt that we have an opportunity here. She has heard many people say that what drew them to the City of La Quinta was our hillsides. Those mountains deserve to be left protected. She felt that the ordinance is a good compromise it could be better, but we do have to respect the rights of the individual property owners. The City has done what they can do BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02 -City Council Minutes Page 3 September 19, 1989 in terms of opportunity for transfer of development rights. With regards to a quality hotel like a Ritz Carlton that may be a quality, fabulous hotel, but by the same token, there are some people who feel that that kind of development doesn't belong in La Quinta. We have the opportunity to have La Quinta stand out as an area where hillsides are protected and we have quality hotels that are more low profile. She felt that the proposed ordinance could be strengthened, but encouraged the Council to adopt it and continue to work toward strengthening it. JIM SCHLECHT, Attorney, representing Bernard Debonne, advised that they believe that the ordinance is deficient. The City of course, has the right to decide this kind of policy decision as long as it's prepared to pay the cost of taking away private property. It isn't a matter of a few law suits, there's the fact that maybe equity demands that if the City, as a policy matter, feels that these hillsides should be pristine clear, then there should be some reasonable method of compensating the property owner. The transfer of development rights is a good idea, but did not know how we are going to be fair with the private property owners. He felt that the ordinance needs additional concern expressed in it in terms of adequately compensating the property owners in these transfer rights. The Mayor declared the public hearing CLOSED. Council Member Sniff referred to B(4) of the Purpose and Intent" and asked if it's realistic and Mr. Bower responded that it is, in noting that the section dealing with grading and scrubbing and grubbing control, require that the City approve every attempt at grading or scarring or any cuts and fills so that only when approved, would a developer be allowed to disturb the existing hillside. As far as B(5), to some extent, that is a judgment call on the part of the Engineer. With regard to B(6), Council Member Sniff felt that to be a contradiction. Mr. Bower felt that it's difficult to make it any stronger without going over the edge and taking development rights away from the private property owners. The transfer of development rights system is set up at twice the densities that have been granted by County zoning and by City zoning. We are enriching the private property owner to the tune of twice the existing zoning and that should be sufficient, coupled with the ability to transfer those development rights from the hillsides exceeding 20% down to the alluvial fans that are less than 20%. The Debonne property was and still is zoned W-2-20 and it has some portions that are below 20% that could be developed and the property rights could be transferred down to that point. So he believed it is as good as we can do in balancing private and public ownership interests. BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02 -City Council Minutes Page 4 September 19, 1989 Mayor Pena agreed with Katie Barrows in that we need to get something in place and then tightened up the areas that can be tightened up He believed that the Council's intent is to make it as strict as possible without putting the City in jeopardy, both legally and financially. He agreed with Mr. Wolff, that the mountains are the City's primary asset, and he in no way wishes to see hillside development. Council Member Bosworth agreed that this is the most important issue that has come before her since she's been on the Council and felt that the hillsides should be preserved and remain as they are, whatever it takes. She wished to see La Quinta set a precedent for the Valley. Council Member Bohnenberger agreed that we should get something on the books and he felt that this is a good compromise. As far as being precedent setting, we are. He knew of no other City or County that has anything as strict as this ordinance. What we have here is a legally defensible document that allows us to do what we intended to do and that is to protect the viewscapes without unduly damaging the private owners that own the hillsides. He hoped to see the Hillside Conservation Bill get adopted and put into effect and that they can come up with some viable means of financing it so that we can place in the public trust, the visible portions of the hillsides in our valley and preserve them for the future. He saw this ordinance as a positive step towards preventing any scarring of our hillsides. Council Member Rushworth agreed that we should get something on the books. We still have the ability to restrict anything from being developed that the Planning Commission and Council feels doesn't fit with what we envision for the City. He felt that it has merit and wished to see it passed. Council Member Sniff believed that as the ordinance is written, it's less than perfect and will not protect the foothills from building and is a blueprint for disaster. He felt that it should, 1) permit building on all the alluvial fans as long as adequate flood protection is provided and; 2) prohibit all building or construction on the rocky slopes, as they are seismically unstable, subject to severe flooding problems and rockslides; and 3) provide a generous, mandatory, transfer of development rights to any property owner of rocky hillside property. He felt that the City should move to annex the foothills generally to the west at least to the ridgeline, if it's possible, as they are considered to be a part of La Quinta visually, and for a hillside conservation ordinance to have meaning, it must include them. Mr. Kiedrowski advised that when he was at LAFCO, he looked at a map and all of the cities extend partially into the hills. There is a band 1 1/2 miles wide that goes from above La Quinta Hotel down to our southerly City Limit, which is Avenue 60, that is in no city's jurisdiction. LAFCO didn't know how they would handle annexation of that area, because the new rules for annexing land says that there must be some development potential to a City. BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02 -City Council Minutes Page 5 September 19, 1989 RESOLUTION Na. 89-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING NEGATIVE DECLARATION NO. 89-122 FOR THE HILLSIDE CONSERVATION ORDINANCE ZONE TEXT AMENDMENT AND THE CHANGE OF ZONE TO HILLSIDE CONSERVATION H.C.), AND ENVIRONMENTAL ASSESSMENT NO. 89-135 FOR THE TRANSFER OF DEVELOPMENT RIGHTS ZONE TEXT AMENDMENT. It was moved by Council Members BohnenbergerlRushworth that Resolution No. 89-106 be adopted. FURTHER DISCUSSION Mayor Pena asked the City Attorney if this issue has been addressed by the Courts and she advised that there have been a few cases regarding transfer of development rights looked at and generally upheld the cities ability to utilize the concept of transfer of development rights to a point where you do not end up finding a taking. She believed that the proposed ordinance, in providing the one unit per 10 acre and the ability to transfer the development rights, plus the ability to build where the slopes are not exceeding the 20%, still offers the land owners quite a bit of value in their holdings. Mayor Pena asked if D" under Permitted Uses" were stricken, would it alter the effect of the ordinance and she did not believe so, but was concerned about striking it, because you will still have people hiking and riding and the City will have lost their ability to control it in any way, to the extent that there may be some safety concerns. Mayor Pena questioned the regulatory effect on coloring and Mr. Bower advised that coloring is not provided because you cannot develop the mountains except on the alluvial fans and those are no different from the SR Zone we now have in the Cove. He noted, however, that all projects would have to go through design review process in which coloring is considered. Council Member Sniff asked, for clarification, if this ordinance, in anyway permits building on the rocky hillsides and Mr. Bower stated only if it was below the 20% slope and added that building on those rocky hillsides is self-defeating as it isn't safe and is too close to the rock slide potential in a seismic event. Mr. Kiedrowski advised that he tried to find some rocky hillsides under 20% and couldn't find any, but couldn't guarantee there aren't any. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Council Members Bohnenberger, Rushworth, Mayor Pena NOES: Council Members Bosworth, Sniff ABSTAIN: None ABSENT: None BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02 -City Council Minutes Page 6 September 19, 1989 MOTION It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 147 be taken up by title and number only and that full reading be waived. Motion carried with Council Members Bosworth and Sniff voting NO. ORDINANCE NO. 147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING TITLE 9 OF THE MUNICIPAL CODE BY ADDING TWO CHAPTERS: 9.145 HILLSIDE CONSERVATION ZONE, AND 9.146 TRANSFER OF DEVELOPMENT RIGHTS, AND BY ADOPTING A CHANGE OF ZONE FROM VARIOUS ZONES TO H.C. HILLSIDE CONSERVATION) FOR ALL LAND PRESENTLY DESIGNATED OPEN SPACE IN THE GENERAL PLAN. It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 147 be introduced. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Mayor Pena NOES: Council Members Bosworth, Sniff ABSTAIN: None ABSENT: None WRITTEN COMMUNICATIONS a. Letter from Boys and Girls Club of La Quinta regarding a location for their facility. MARK SIMON, 45-405 Driftwood Dr. Palm Desert, representing the Boys and Girls Club, addressed the Council advising that the Board Members of the Club is trying to provide a safe environment for cur 1,200 children. He advised that the organization has raised $106,000 to date in two separate events and they hope to be self-sufficient with their many planned fund-raisers. They are hoping to find a rental site within the next few weeks and hope to begin programming within the next 8 weeks. He is before the Council looking for assistance in providing a clubhouse. Other cities in the Valley provide a dollar a year lease back on a piece of land. He suggested perhaps the 2 1/2 acres that was earmarked for the Elvirita Lewis Foundation; or the Fritz Burns Park. If that isn't possible, then they are looking for operating costs, possibly a portion of the developers money that was earmarked for parks and recreation. Mayor Pena advised that the Council will schedule this matter for discussion at a future meeting. BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02 -City Council Minutes Page 7 September 19, 1989 BUSINESS SESSION 1. CONSIDERATION OF REQUEST OF PROPERTY OWNERS IN THE AREA SOUTH OF AVENUE 49 AND EAST OF MONROE FOR ANNEXATION. Mr. Kiedrowski advised that the Council has received a series of letters from property owners south of Indio and east of La Quinta requested annexation to the City. The Planning Director has mapped out the property in question. Mr. Herman presented a map of the area showing the parcels in which letters were received from the property owners. The area in question is currently under an annexation proceeding by the City of Indio. ROBERT WEINER, 29 Encore Ct., Newport Beach, advised that his parents are property owners near the intersection of Avenue 49 and Jefferson and this action by the property owners was instigated by the annexation efforts by the City of India. They feel that it would be to their benefit to the associated with La Quinta instead of Indio. He believed that he has received a good response to his communication noting that at the time he began his project, many people were out of town. He believed that there are many other property owners who would be interested, if they knew that the City of La Quinta is interested. He wished to continue this project, if the City is interested. In response to Council Member Rushworth, Mr. Weiner advised that to date, he has had no negative responses. However, he has heard that there are some in favor of annexing to the City of Indic. But with proper communication in letting these people know that there is an alternative, they may become interested in La Quinta. In response to Council Member Sniff, Mr. Weiner advised that he has received favorable response from about 25% of the property owners. Mr. Kiedrowski advised that the map before the Council consists of between 1,500 2,000 acres. He added that until a request for annexation is filed with LAFCO by the City of Indio, there really is no map it could be changed at any time. As far as the course of action is concerned, Mr. Kiedrowskj felt that he would have to come back to the Council with a definitive statement after talking to LAFCO and the City Attorney. It was his belief that this area is currently within an adopted Sphere of Influence of the City of Indlo. State Law requires that the first step would be to change the Sphere of Influence before we could proceed. MOTION It was moved by Council Members Snif f/Bosworth that the City Manager and City Attorney be directed to research this matter and recommend a course of action. Motion carried unanimously. MINUTE ORDER NO. 89-102. BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02 -City Council Minutes Page 8 September 19, 1989 2. SECOND READING aF ORDINANCES. ORDINANCE NO. 146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE aF ZONE NO. 88-035. It was moved by Council Members Bohnenberger/Rushwcrth that Ordinance No. 146 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 SEPTEMBER 6, 1989. 3. APPROVAL OF AGREEMENT WITH BSI FOR DESIGN SERVICES IN CONNECTION WITH THE WIDENING OF WASHINGTON STREET FROM HIGHLAND PALMS TO HIGHWAY 111. 4. APPROVAL OF AGREEMENT WITH KICAK AND ASSOCIATES FOR CONSTRUCTION STAKING AND CONSULTATION IN CONNECTION WITH PHASE II OF THE COVE IMPROVEMENT PROJECT. 5. APPROVAL OF SPECIAL ADVERTISING DEVICE SEARCH LIGHTS AT LA QUINTA HOTEL ON SEPTEMBER 26TH FROM 7:30 P.M. TO 9:00 P.M.. MOTION It was moved by Council Members Bohnenberger/Sniff that Consent Items 1 5 be approved as recommended with Item No. 1 being approved by RESOLUTION NO. 89-107. Motion carried unanimously. MINUTE ORDER NO. 89-103. COUNCIL COMMENT- None COUNCIL MEMBER SNIFF commented on the traffic situation in front of the schools, i.e., congestion, reckless driving and speeding, and suggested that the City Manager communicate with the Sheriff's Department about giving that area a little more attention. LT. GAYLE JANES advised that the first week of school, they have a policy of patrolling all the schools every morning and afternoon every day that first week. BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02 -City Council Minutes page 9 September 19, 1989 PUBLIC COMMENT- None RUPERT YESSAYIAN, P.O. Box 251, La Quinta, addressed the Council stating that he sees an unacceptably high burglary rate in the City. According the statistics, it appears that there are about 200 burglaries in the area every year. He felt that the with the City's growth, some thought should be given to solutions to this matter. LT. GAYLE JANES, advised that in checking the statistics, he has found that since 1985, the burglary rate in the City has remained fairly static. He pointed out that the City's population has increased 65% during the past year or two and the burglary rate would ordinarily be expected to increase along with population, but it hasn't. He also added that the Department has assigned a detective to the City, which should affect the apprehension rate. Council Member Bohnenberger stated that with a 65% increase in population, that would actually indicate a decrease in crime, which speaks highly of our law enforcement. He felt that we have been lax on our neighborhood watch program and that we should be scheduling some public meetings, as it's the most effective deterrent method we have. Council Member Sniff thanked Lt. Janes for appearing here this evening and suggested that the Sheriff's Department report to the City Council on a regular basis. STUDY SESSION ITEMS Mayor Pena suggested a motion instructing staff to proceed with bond financing for the library facilities. MOTION It was moved by Council Members Bohnenberger/Sniff that staff be directed to proceed with bond financing for the library facilities. Motion carried unanimously. MINUTE ORDER NO. 89-104. Council adjourned to closed session pursuant to Government Code Sections 54959.6 c) to discuss litigation in particular: City of Indio/Indio Case No. 57496 and discussion of property acquisition under Government Code Section 54956.8. Council reconvened with no action being taken. There being no further business, the meeting was adjourned at 9:25 P.M. upon motion by Council Members Sniff/Bohnenberger and carried unanimously. Res ectfully submitted, SAUNDRA L. JUH A, City Clerk City of La Quinta, California BIB] 02-16-96-U01 02:38:16PM-U01 CCMIN-U02 09-U02 19-U02 1989-U02