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1989 10 03 CC Minutes 7 LA QUINTA CITY COUNCIL MINUTES OCTOBER 3, 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, Rushworth, Sniff, Mayor Pena ABSENT: Council Member Bosworth MOTION It was moved by Council Members Bohnenberger/Sniff to excuse Council Member Bosworth. Motion carried unanimously. CONFIRMATION OF AGENDA PRESENTATIONS LA QUINTA BEAUTIFUL AWARDS Mayor Pena presented the following La Quinta Beautiful Awards for the month September: MOST BEAUTIFUL Mr. & Mrs. Turzian, 78-710 Calle Tampico MOST IMPROVED Mr. & Mrs. Curiel, 53-042 Alvarado HONORABLE MENTION Mr. & Mrs. Davis, 51-075 Calle Paloma ANNOUNCEMENTS None JACK ABELS, representing the Coachella Valley Recreation an Par District advised that they will be constructing sidewalks around the Community Center beginning tomorrow and should be completed in about three weeks. PUBLIC HEARINGS 1. PUBLIC HEARING ON GENERAL PLAN AMENDMENT 89-025; SPECIFIC PLAN 87-009 AMENDMENT NO. 1); AND CHANGE OF ZONE 89-040 PERTAINING TO STREET CLASSIFICATIONS, COMMUNITY FACILITIES, REDESIGNATING THE AREA NORTH OF THE COMMUNITY PARK TO URBAN MIX AND MINOR AMENDMENTS TO THE HOUSING ELEMENT. Mr. Herman advised that the proposed, City-Initiated General Plan Amendments include redesignating some of the streets; designating the Community Park and Fritz Burns Parks as Community Facility area; reclassifying Avenida Bermudas north of the new Avenue 52 just north of Tampico to a Collector and trying to maintain some of the 50' streets Cadiz, Barcelona and Amigo and designating Fred Waring and Jefferson as Primary Image Corridors. It also redesignates the area north of the Community Park between Montezuma and Tampico from Eisenhower to a block west of Bermudas to a Mixed Commercial. The Specific Plan is also being amended to allow this change. BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02 7City Council Minutes Page 2 October 3, 1989 The Planning Commission conducted a public hearing on September 12th and recommends approval. However, in order the allow the private General Plan Amendments to catch up with the public amendments, he recommended that this matter be continued to October 17th. The Mayor declared the public hearing OPEN. There was no one wishing to speak. MOTION It was moved by Council Members Sniff/Bohnenberger that the public hearing on General Plan Amendments No. 89-025; Specific Plan No. 89-009, Amendment #1; Change of Zone No. 89-040 and Environmental Determination be left open and carried over to October 17th. Motion carried unanimously. MINUTE ORDER NO. 89-105. 2. PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT #89-011 TO CONSIDER AMENDMENT OF TITLE 9 OF THE MUNICIPAL CODE TO ADD CHAPTER 9.210 OUTDOOR LIGHT CONTROL" ALSO KNOWN AS THE DARK SKY ORDINANCE), WHICH RESTRICTS THE PERMITTED USE OF OUTDOOR ARTIFICIAL ILLUMINATING DEVICES EMITTING UNDESIRABLE LIGHT RAYS WHICH HAVE A DETRIMENTAL EFFECT ON ASTRONOMICAL OBSERVATIONS, AND/OR WHICH INEFFICIENTLY UTILIZE SCARCE ELECTRICAL ENERGY, AND/OR WHICH CREATE A PUBLIC NUISANCE. MERCURY VAPOR LIGHTS WOULD BE PROHIBITED ONE YEAR FROM THE EFFECTIVE DATE OF THE CHAPTER. OTHER SOURCES OF LIGHTS WOULD REQUIRE SHIELDING OF FILTERS. Mr. Herman advised that the Outdoor Light Control Ordinance is also known as the Dark Sky" ordinance. This ordinance controls the lighting in La Quinta by requiring shielding or partial shielding of lights and eliminates the possibility of mercury vapor lights one year after the effective date of the ordinance. He noted that there are exemptions for non-conforming facilities i.e., County, State and Federal facilities. It was considered by the Planning Commission on September 12th and they recommended approval by the City Council. The Mayor declared the public hearing OPEN. RUPERT YESSAYIAN, P.O. Box 241, La Quinta, questioned the effect of the ordinance on existing lighting and security lighting. Mr. Herman advised that existing lighting would become a non-conforming use and would be allowed to remain. The ordinance also deals with shielding of security lighting so that it is directed down toward the ground. BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02 7City Council Minutes Page 3 October 3, 1989 BILL CAIRNS, 53-100 Avenida Alvarado, questioned the effect on low-sodium and quartz. He asked if he will be able to keep his low-sodium and change the bulb. He also asked about the lighted palm trees where the lights are shining upwards and the governmental properties, i.e. parks lighting that can be seen for five miles away. Mr. Herman advised that if lighting exists at this time, it can remain. Regarding recreational facilities, shielding of the lighting is required, but he noted that the existing lighting at parks and palm trees will be allowed to remain. VIRGINIA DAVID, 51-780 Avenida Villa, questioned the replacement of bulbs and Council Member Bohnenberger advised that anyone can replace a bulb of an existing fixture. There being no one else wishing to speak, the hearing was CLOSED. Council Member Sniff commented that he has heard many positive comments about this ordinance from the community and he supported it. RESOLUTION NO. 89-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION ENVIRONMENTAL ASSESSMENT NO. 89-136 FOR THE ZONING TEXT AMENDMENT NO. 89-011 CHAPTER 9.210 OUTDOOR LIGHT CONTROL ORDINANCE". It was moved by Council Members Sniff/Rushworth that Resolution No. 89-108 be adopted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Bohnenberger that Ordinance Nc. 148 be taken up by title and number only and that full reading be waived. Motion carried unanimously. ORDINANCE NO. 148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING TITLE 9 OF THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 9.210 THE OUTDOOR LIGHT CONTROL ORDINANCE" ZONING TEXT AMENDMENT NO. 89-011). It was moved by Council Members Snif f/Rushworth that Ordinance No. 148 be introduced with the amendment to Footnotes 7) and Prohibitions C) to strike one year" and insert sixty days. Motion carried by the following vote; AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02 7City Council Minutes Page 4 October 3, 1989 Council expressed appreciation to Planning Commissioner Lucia Moran for her work on this ordinance. 3. PUBLIC HEARING ON TENTATIVE TRACT 24950 AND CHANGE OF ZONE 89-047 TO SUBDIVIDE 8.9 ACRES INTO 37 SINGLE FAMILY LOTS AND CHANGE THE ZONING FROM R-1-12,O00 TO R-1 LOCATED AT THE NORTHEAST CORNER OF MILES AVENUE AND DUNE PALMS ROAD. APPLICANT: CHONG LEE. Mr. Herman advised that the applicant is proposing a 37 single family lot subdivision on 8.9 acres located on northeast of the corner of Miles Avenue and Dune Palms Road. It will have one entrance of f of Dune Palms Road and a connection northward into the Cactus Flower tract. The zoning would have to be changed from R-l-12,000 to R-l. The Planning Commission considered this application on September 12th and recommend approval and the filing of a negative declaration. In response to Council Member Bohnenberger, Mr. Herman advised that the area is General Planned Low Density Residential, 2-4 units per acre. This tract represents a density of 4.29. Mayor Pena noted that the public improvements being made balance out the density overage. Mr. Herman added that the applicant will be building the homes for sale it is not lot sales only. MOTION It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 149 be taken up by title and number only and that full reading be waived. Motion carried unanimously. ORDINANCE NO. 149 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 OF ZONE NO. 89-047. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 149 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02 7City Council Minutes Page 5 October 3, 1989 RESOLUTION NO. 89-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND APPROVAL OF TENTATIVE TRACT NO. 24950 TO ALLOW THE CREATION OF A 37 LOT RESIDENTIAL SUBDIVISION ON A 9 ACRE SITE. CASE NO. TT 24950 CHONG B. LEE. It was moved by Council Members Sniff/Rushworth that Resolution No. 89-109 be adopted. Motion carried unanimously. 4. PUBLIC HEARING ON TENTATIVE TRACT 24801 TO SUBDIVIDE 31 ACRES INTO EIGHT CONDOMINIUM LOTS WITH A TOTAL OF 105 CONDOMINIUM UNITS WITHIN THE PGA WEST SPECIFIC PLAN AREA ALONG THE EASTERLY RIGHT OF WAY OF LAKE CAHUILLA AND THE ALL AMERICAN CANAL. APPLICANT: SUNRISE CO. Mr. Herman advised that the applicant is proposing subdivision of 31 acres within PGA West into eight condominium lots with a total of 105 units. As a result of the Planning Commission hearing, the improvements of Avenue 58 were deleted as those improvements will be required with subsequent tracts. Also, there is a provision that all new home buyers be advised of the Sheriff's shooting practice and qualifying range on the north side Cf Lake Cahuilla. ALLEN LEVINE, Vice President of Sunrise Co., advised that this map is their first venture onto the Jack Nicholas Private Course. These are products that they have been building and advised that he was present to answer any questions. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE ENVIRONMENTAL DETERMINATION AND GRANTING APPROVAL OF TENTATIVE TRACT NO. 24801 TO ALLOW THE CREATION OF A CONDOMINIUM SUBDIVISION. It was moved by Council Members Snif f/Rushworth that Resolution No. 89-110 be adopted. Motion carried unanimously. 5. PUBLIC HEARING ON ADOPTION OF THE 1988 EDITIONS OF THE UNIFORM BUILDING, PLUMBING, MECHANICAL, SWIMMING POOL, SPA & HOT TUB, SIGN, HOUSING AND DANGEROUS BUILDING CODES. Mr. Herman advised that the proposed ordinance adopts the 1988 editions of the Uniform Building, Plumbing, Mechanical, Swimming Pool, Spa & Hot Tub, Sign, Housing and Dangerous Building Codes. It does not include any fee changes. The State mandates that these codes be adopted by January 1, 1990. BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02 7City Council Minutes page 6 October 3, 1989 The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. In response to Council Member Bohnenberger, Mr. Herman advised that the State Energy Efficiency Code is not a National Code, but it is being enforced. Council Member Bohnenberger wished to have it brought before the Council at some time for review. MOTION It was moved by Council Members Snif f/Rushworth that Ordinance No. 150 be taken up by title and number only and that full reading be waived. Motion carried unanimously. ORDINANCE NO. 150 AN ORDINANCE OF THE CITY OF LA QUINTA, AMENDING TITLE 8 ENTITLED, *BUILDING AND CONSTRUCTION', AND ADOPTING, BY REFERENCE, VARIOUS 1988 EDITIONS OF UNIFORM CODES CONCERNING ADMINISTRATION, BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, SWIMMING POOL, SIGN CONSTRUCTION, HOUSING AND DANGEROUS BUILDINGS. It was moved by Council Members Sniff/Rushworth that Ordinance No. 150 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth WRITTEN COMMUNICATIONS- None BUSINESS SESSION 1. CONSIDERATION OF REQUEST OF BERMUDA DUNES PROPERTY OWNERS FOR ANNEXATION. Mr. Kiedrowski advised that the City Council has received letters from various property owners in the Bermuda Dunes area requesting that the Council give consideration to annexing certain parts or all of Bermuda Dunes. He noted that the Council previously received petitions signed by 65 property owners requesting consideration of annexation. At that time, the Council decided to wait six months in order to give the Bermuda Dunes Homeowners Assoc. an opportunity to investigate incorporation. Staff feels that if the Council wishes to proceed in responding to this request, the recommended procedure would be to do a questionnaire of all the area from our north boundary up to Avenue 38 and from Washington to Jefferson. He suggested that a communications firm could be used to do the mailing and advised that some of the property owners are interested in assisting the City in developing an informational flyer to mail Out. BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02 7City Council Minutes Page 7 October 3' 1989 CLIFF LAMPKIN, 79-360 Bermuda Dunes Drive, stated that he strongly supported staff's recommendation, as he would like to be in La Quinta. LARRY WILLIAMS, 42-160 Glass Dr., Bermuda Dunes, stated that they would welcome some sort of organization in their area and he offered the services of himself and his wife in assisting the City in their efforts. RUPERT YESSAYIAN, P.O. Box 251, stated that was in favor of this proposal it is a natural progression for the City. He commented that there will be some opposition to this from some of the residents and suggested that we ask them on the questionnaire if they would agree to be annexed if we agree to call them the Bermuda Dunes District of La Quinta. MOTION It was moved by Council Members Snif f/Rushworth to honor the petition before the Council requesting the possible annexation to La Quinta of the Bermuda Dunes area and begin the appropriate steps towards annexation of the area generally north of Fred Waring to Avenue 38 and between Washington and Jefferson. Motion carried unanimously. MINUTE ORDER NO. 89-106. Council asked staff to come back to the Council with a proposed budget for this project. 2. CONSIDERATION OF AMENDMENT TO SECTION 11.08.005 OF THE LA QUINTA MUNICIPAL CODE RELATING TO DISORDERLY CONDUCT. Mr. Hirdler advised that he has been approached many times by the Coachella Valley Recreation and Park District to enforce the alcoholic beverage and container regulations as they have no means to enforce it. Therefore, they have asked the City to amend our code to encompass the parks as our current ordinance excludes parks. He recommended adoption of it in light of the fact that the City is developing more parks. In response to Council Member Bohnenberger, Mr. Hirdler advised that a permit to have alcoholic beverages can be applied for and approved by the City Manager. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that her office has reviewed this ordinance and feels comfortable with it. The letter from the Recreation District requesting the City to enforce control of it is sufficient authorization. MOTION It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 151 be taken up by title and number only and that full reading be waived. Motion carried unanimously. BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02 7City Council Minutes Page 8 October 3, 1989 ORDINANCE NO. 151 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 11.C8.0C5 AND 11.08.040 AND ADDING SECTION 11.08.090 OF CHAPTER 11.08, DISORDERLY CONDUCT, TO THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Snif f/Rushworth that Ordinance No. 151 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth 3. SECOND READING OF ORDINANCES. 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 Sniff/Rushworth that Ordinance No. 147 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 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF SEPTEMBER 6, 1989. 3. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89-422 TO ALLOW CONSTRUCTION OF A 40,000 SQ. FT. GOLF CLUBHOUSE FACILITY FOR THE EXISTING CITRUS COURSE, PART OF THE OVERALL SPECIFIC PLAN APPROVAL FOR OAK TREE WEST, LOCATED ON THE WEST SIDE OF JEFFERSON ST. 1/4 MILE SOUTH OF AVENUE 50. BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02 7City Council Minutes Page 9 October 3, 1989 4 APPROVAL OF VARIANCE FOR FINISH FLOOR ELEVATION 78-720 AVENIDA LA FONDA APPLICANT: MR. & MRS. YEOMANS. 5. APPROVAL OF TEMPORARY CLOSURE OF NORTH SIDE OF AVENIDA LA FONDA ON OCTOBER 25TH FROM 4:00 P.M. TO 7:30 P.M. FOR CHAMBER MIXER APPLICANT: LA QUINTA ARTS FOUNDATION. 6. APPROVAL OF WAIVER OF PROCESSING FEES FOR GEM OF THE DESERT" 10K RUN AND 2K WALK APPLICANT: LA QUINTA CHAMBER OF COMMERCE. 7. ADOPTION OF RESOLUTION APPROVING THE CONSOLIDATION OF THE LOCAL SOLID WASTE MANAGEMENT ENFORCEMENT AGENCY WITH THE COUNTY HEALTH DEPARTMENT. 8. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT SUPPLEMENTAL AGREEMENT FOR DESERT AIDS PROJECT AND SENIOR HOME REPAIR PROGRAM. MOTION It was moved by Council Members Bohnenberger/Sniff that Consent Items 1 8 be approved as recommended with Items No. 1 and 7 being approved by RESOLUTION NO. 89-111 & 89-112 respectively. Motion carried unanimously. MINUTE ORDER NO. 89-107. COUNCIL COMMENT Mayor Pena recognized Council Member Bohnenberger's birthday and presented him with a card and a cheese cake. PUBLIC COMMENT-None Council adjourned to closed session pursuant to Government Code Sections 54956.9 c) to discuss litigation in particular: City of Indio/Indio Case No. 57496. Council reconvened with no action being taken. There being no further business, the meeting was adjourned at 8:15 P.M. upon motion by Council Members Snif f/Bohnenberger and carried unanimously. R p>ectfully submitted, SAUNDRA L. JUH City Clerk City of La Quinta, California BIB] 02-16-96-U01 02:39:53PM-U01 CCMIN-U02 10-U02 03-U02 1989-U02