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1987 05 19 CC Minutes"9 389 MINUTES A regular meeting of the City Council held at City Hall, 76-105 Calle Estado, La Quinta, California May 19, 1987 7:30 p.m. 1. CALL TO ORDER A. Mayor Hoyle called the regular meeting of the City Council to order at 7:32 p.m. Cr) B. The Mayor then invited Jacques Abels to lead the flag salute. CD 2. ROLL CALL Present: Councilmembers Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. Absent: None. Also Present: City Manager Kiedrowski, Finance Director Harvey, Planning Director Crump, Community Safety Director Hirdler, Administrative Services Director Jennings and Secretary Beaver. 3. CONFIRMATION OF AGENDA A. Council Member Pena requested that Items 10. C. and D. be considered separately, under Item 9. B. and C. 4. PUBLIC COMMENT A. Jacques Abels, Director for District 4, C.V. Recreation and Park District, reported that the District had received a Special Recognition Award at the Desert Beautiful Awards Banquet for upkeep and beautification of La Quinta Park. 5. COMMENT BY COUNCILMEMBERS A. Council Member Bohnenberger welcomed Planning Commissioner Lucia Moran to the Council meeting. 6. HEARINGS A. Home Occupation Violation Appeal Melissa & Alan Layton. The Community Safety Director presented the staff report, outlined the various violations culminating in City notice to the Laytons to cease operation of a landscaping business from their home at 54-070 Avenida Mendoza. Mr. Hirdler recommended that the Council deny the appeal and uphold Ordinance No. 29 relating to home occupations. BIB] 02-26-96-U01 09:17:39AM-U01 CCMIN-U02 05-U02 19-U02 1987-U02 "9390 Minutes City Council May 19, 1987 Page Two Following questioning of Mr. Hirdler by the Council, the Mayor opened the public hearing at 7:46 p.m. Public comment was heard from the following persons: 1) Dane Drury, 54-155 Avenida Mendoza, requested denial of the Laytons appeal, citing problems such as loitering, traffic, and noise. 2) Mark Hastie, 54-205 Avenida Mendoza, requested denial of the appeal, citing increased traffic, drinking by Mr. Layton's hired personnel and noise. 3) Brett Parker, 54-215 Avenida Mendoza, requested denial of appeal, citing above reasons. 4) Mary Ann Skals, 54-200 Avenida Mendoza, requested denial of appeal, citing problems with traffic and danger to her young children, drinking on the premises and loitering by Layton hired personnel. 5) Russell Skals, 54-200 Avenida Mendoza, requested denial of the appeal, citing parking of large trucks in a residential neighborhood. 6) Melissa Layton, 54-070 Mendoza, appellant, explained the business operations and stated that they had tried to minimize associated problems. Ms. Layton stated that an attempt had been made to relocate the business to commercial property in La Quinta, without success. She further stated that their home was for sale and the business would be moved upon sale of their home. Ms. Layton requested the Council grant a variance to allow operation of their landscaping business from the home until such time as the home could be sold. 7) Alan Layton, 54-070 Mendoza, appellant, expressed his feelings regarding the problems they had experienced in relocating the business, cited his attempts to comply with City code enforcement requests, and refuted several charges expressed by his neighbors. Mr. Layton presented two supportive letters from neighbors and pictures, and requested a variance until the business could be moved. 8) Audrey ostrowsky, La Quinta, questioned parking of commercial vehicles in R-3 zones and stated that the Laytons should be given a chance to find commercial space for their business. 9) Melanie Drury, 54-155 Mendoza, asked why the Laytons had a Palm Desert phone number and post office box. BIB] 02-26-96-U01 09:17:39AM-U01 CCMIN-U02 05-U02 19-U02 1987-U02 "9 inutes City Council 38? May 19, 1987 Page Three 10) Ann Young, 77-526 Nogales, representing the La Quinta Cove Association, sympathized with the Layton?s problem, but urged the Council uphold the home occupation ordinance rather than set a precedent. There being no further public comment, Mayor Hoyle closed the public hearing at 8:11 p.m. Following extensive questioning by the Council of staff, it was moved by Council Member Bohnenberger, seconded by Council Member Sniff, to deny the appeal by Alan and Melissa Layton, but allow Cr) them sixty 60) days to relocate the business to suitable quarters, and direct City staff to work with the Laytons to m locate a suitable location. Following discussion of the feasibility of the 60 day extension, the motion was unani- mously adopted. The Council indicated that it was interested in obtaining more information and asked Staff to review commercial designations within the City, and possible reworking of Ordinance No. 29 which would better define suitable and non-suitable home occupations within the City. B. Tentative Tract Map No. 22432, PGA West development, Sun Desert Partners Dixie Savings & Loan), Applicant. Mayor Hoyle announced that he would abstain from voting on Item 6.B. due to a possible conflict of interest, turned the gavel over to Mayor Pro Tern Bohnenberger, and left the dais. Planning Director Crump presented the Staff report regarding a request to subdivide 48+ acres into 14 residential lots, one perimeter landscape lot, and related street lots, for the purpose of constructing 257 condo- minium units. Mr. Crump reported that the matter had been heard as a public hearing before the Planning Commission on April 28, 1987, at which time it was approved subject to specified conditions. Mr. Crump recommended Council adoption of Resolution No. 87-26, granting approval of Tentative Tract No. 22432, subject to attached conditions. Council Member Bohnenberger raised the issue of parking within the PGA West development, and Mr. Crump explained that to date, no specific restrictions on parking had been placed on this development. Commissioner Lucia Moran explained prior Commission discussions relative to parking at PGA which led the Commission to require Condition No. 5. Upon questioning by Council Member Sniff, the City Manager clarified Condition No. 16 regarding infrastructure fee credits. BIB] 02-26-96-U01 09:17:39AM-U01 CCMIN-U02 05-U02 19-U02 1987-U02 "9388 Minutes City Council May 19, 1987 Page Four Mayor Pro Tern Bohnenberger opened the hearing to public comment at 8:35 p.m. Comments were heard from the following persons: 1) Jim Resney, Sunrise Company, reported that they were in basic agreement with the Staff recommendation, except for Condition No. 5 and 14 c. Mr. Resney reviewed the chronology 6f events leading to Planning Commission recommendations regarding parking restrictions for Tract 22432. Mr. Resney requested Council elimination of Condition Nos. 5 and 14 C, relative to parking restrictions within the tract. There being no further public comment, Mayor Pro Tern Bohnenberger declared the public hearing closed, and opened the meeting to Council discussion. Following discussion of street width requirements and clarification by Planning Director Crump, it was moved by Council Member Pena, seconded by Council Member Cox, to accept adopt Resolution No. 87-26, approving Tentative Tract Map No. 22432, subject to attached conditions, as revised, eliminating Condition Nos. 5 and 14.c, and directing Staff to prepare a policy regarding parking during special events. unanimously adopted. Mayor Pro Tern Bohnenberger requested that it be noted for the record that Mr. Resney had stated future developments within this project, with the exception of the one remaining piece at the northwest corner, they would come back with 36' wide private streets. It was moved by Council Member Cox, seconded by Council Member Sniff, to accept the Sunrise offer to construct future streets within the PGA West development at 36' widths, with the exception of the northwest corner parcel. Unanimously adopted. Mayor Hoyle returned to the dais at 8:50 pm., and adjourned the meeting for a five-minute recess. Mayor Hoyle reconvened the meeting at approximately 9:00 p.m. 7. WRITTEN COMMUNICATIONS A. Communication from Darwin Oakley, Mayor, City of Indio, reporting the Indio City Council's formal support for redesignation of Highway 111 as Palm Canyon Drive Moved by Mayor Pro Tern Bohnenberger, seconded by Council Member Cox, to adopt the name Palm Canyon Drive" for Highway 111. After lengthy discussion, with Council Member Sniff expressing strong opposition to renaming of Highway 111, motion was not carried by the following roll call vote: AYES: Council Members Bohnenberger and Cox. NOES: Council Member Sniff and Pena. ABSTAIN: Mayor Hoyle. BIB] 02-26-96-U01 09:17:39AM-U01 CCMIN-U02 05-U02 19-U02 1987-U02 "9 MINUTES City Council 385 May 19, 1987 Page Five. 8. BUSINESS SESSION A. The City Manager read the title of proposed Ordinance No. 108, as follows: ORDINANCE NO. 108. AMENDING THE FIRST PARAGRAPH OF SECTION 16.02.010, OF THE LA QUINTA MUNICIPAL CODE, RELATING TO INCORPORATING BY 1) REFERENCE RIVERSIDE COUNTY ORDINANCE NOS. 348 and 460. Moved by Council Member Cox, seconded by Council Member Pena, to waive further reading and adopt Ordinance No. 108. m ROLL CALL VOTE: AYES: Council Members Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSTAIN: None. B. The City Manager read the title of proposed Ordinance No. 109, as follows: ORDINANCE NO. 109. AMENDING THE LA QUINTA MUNICIPAL CODE ESTABLISHING A COMMUNITY SERVICES COMMISSION. Moved by Council Member Bohnenberger, seconded by Council Member Cox, to waive further reading and adopt Ordinance No. 109. Council Member Sniff stated that he would be unable to support the Ordinance revised to comprise seven members rather than nine. ROLL CALL VOTE: AYES: Council Members Bohnenberger, Cox, Pena and Mayor Hoyle. NOES: Council Member Sniff. ABSTAIN: None. C. The City Manager presented a report regarding annual levy of assessment: PGA West 1972 Act Landscaping District No. 1, and recommended adoption of Resolution No. 87-27, approving the Engineer's Report for annual levy, and Resolution No. 87-28, declaring intent to levy annual assessment and giving notice thereof. Moved by Council Member Bohnenberger, seconded by Council Member Sniff, to adopt Resolution No. 87-27. Unanimously adopted. BIB] 02-26-96-U01 09:17:39AM-U01 CCMIN-U02 05-U02 19-U02 1987-U02 "93??MINUTES City Council May 19, 1987 Page Six. Moved by Council Member Pena, seconded by Council Member Sniff, to adopt Resolution No. 87-28. Unanimously adopted. Moved by Council Member Bohnenberger, seconded by Council Member Sniff, to set the date for public hearing for the annual levy of assessments for Landscape District No. 1 as June 2, 1987. unanimously adopted. D. RESOLUTION NO. 87-22. Opposing AB 2190. Moved by Council Member Bohnenberger, seconded by Council Member Cox, to adopt Resolution No. 87-22, opposing Assembly Bill No. 2190, regarding district elections for City Council elections. Unanimously adopted. E. The City Manager presented a report regarding a request by Palm Desert Disposal for a rate increase, and reported that the increase was technically approved by the Council as part of a refuse franchise extension granted July, 1986. Mr. Kiedrowski recommended approval of the rate increase in accordance with the July, 1986, Council action. Moved by Council Bohnenberger, seconded by Council Member Cox, to approve a fee schedule increasing refuse collection rates in La Quinta 1.75% for the 1987-88 assessment of waste disposal charges. Unanimously adopted. The Council requested that Palm Desert Disposal prepare a news release regarding their full-range of collection services for inclusion in an upcoming City newsletter. F. Study Session Items: 1) Request for $150 one-time only payment from National League of Cities-support for State and Local Legal Center was approved as requested. 2) It was Council consensus that Mr. Zelles be notified and made aware of current vacancies on the La Quinta Planning Commission and Community Services Commission. 3) SunLine Transit Shelter Program Moved by Council Member Bohnenberger, seconded by Council Member Cox, to grant conceptual approval for the Sun Line Transit Agency bus shelter program. Unanimously adopted. 4) Fire Station *70 Sleepover/Supplies Program. Moved by Council Member Cox, seconded by Council Member Bohnenberger, to approve City funding for both programs immediately. Unanimously adopted by roll call vote. BIB] 02-26-96-U01 09:17:39AM-U01 CCMIN-U02 05-U02 19-U02 1987-U02 "9 Minutes City Council 383 May 19, 1987 Page Seven. 5) Communication from RCTC regarding 1/2 cent local sales tax for street/highway maintenance purposes. Moved by Council Member Cox, seconded by Council Member Bohnenberger, to support RCTC in associating with San Bernardino Transportation Committee, in obtaining enabling State legislation providing for referendum of the voters on whether or not there will be a sales tax issue only. Following lengthy discussion, with Council Member Sniff presenting views opposed to action at this time, and stating that he felt information Cr) received to date to be inconclusive, Council Member Sniff requested a roll call vote: ROLL CALL VOTE: m AYES: Council Members Bohnenberger, Cox, Pena and Mayor Hoyle. NOES: Council Member Sniff. ABSTAIN: None. 6) Summer schedule for City Council meetings. It was the consensus of the Council to announce their intention to cancel two summer Council meetings: July 21 and August 18, 1987. 9. COMMISSION/COMMITTEE REPORTS A. Planning Commission Minutes of April 28, 1987, were received and filed with no comment. B. Item b.C. Out of Agenda Order). Plot Plan 87-830, Construction of a 2-story retail/office building; Robert C. Monroe, Applicant. Planning Director Crump presented the Staff report, and explained that the Planning Commission action would be final unless an appeal was brought before the Council. Mr. Crump stated that the Planning Commission had reviewed Plot Plan 87-830 on May 12, 1987, and recommended approval subject to attached conditions. There was lengthy discussion regarding a pedestrian orientation along Calle Estado, and Commission requirements for elimination of parking spaces along Estado, and placement of a six-foot garden wall between the parking area and Calle Estado Condition 4.c). Moved by Council Member Bohnenberger, seconded by Council Member Cox, to return Plot Plan 87-830 to the Planning Commission and request reconsideration of Condition 4c, leaving the driveway access on an interim basis, and report back to Council at their June 2, 1987 meeting. Unanimously adopted. BIB] 02-26-96-U01 09:17:39AM-U01 CCMIN-U02 05-U02 19-U02 1987-U02 "9384?inutes City Council May 19, 1987 Page Eight C. Item 10.D. out of Agenda order) Plot Plan 86-274, Additional review of Architecture/design revisions and building setbacks; John Feld, Applicant. Planning Director Crump presented the Staff report and explained that this matter had been reviewed by the Planning Commission May 12, 1987, excepted the elevation revisions dated April 24, 1987, and the increased setback at the intersection of Avenida Bermudas and Montezuma, subject to conditions. This item was submitted for Council information, and was accepted as presented. 10. CONSENT CALENDAR Moved by Council Member Bohnenberger, Seconded by Council Member Cox, to adopt Consent Calendar items A, B, E and F. Roll Call Vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None ABSTAIN: None A. Minutes of May 5, 1987, approved as submitted. B. RESOLUTION NO. 87-29. APPROVING DEMANDS. E. Amendment of Agreement for Services Relative to Regulation and Control of Dogs and Other Domestic Animals, approved as recommended. F. City Project No. 87-4, Construction of Street Improvements on Washington Street singing Palms to Whitewater River) and Avenida Montezuma Calle Chihuahua to?Calle Durango), awarded to Massey Sand and Rock Co., of Indio, in the amount of $123,171.40, as recommended. 11. REPORT OF OFFICERS A The City Manager reported that he had been elected Vice-Chairman of the CVAG Technical Advisory Committee. D Community Safety Activity Report dated April, 1987 received and filed. E Financial Statement dated April, 1987 received and filed. F Planning Division Monthly Report dated April, 1987 received and filed. 12 ADJOURNMENT Moved by Council Member Bohnenberger, Seconded by Council Member Sniff to adjourn at 10:35 p.m. to an Executive Session for the purpose of discussing personnel matters and potential litigation at the conclusion of the Redevelopment Agency Meeting. BIB] 02-26-96-U01 09:17:39AM-U01 CCMIN-U02 05-U02 19-U02 1987-U02