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1987 09 15 CC Minutes"t 489 CITY OF LA QUINTA MINUTES SEPTEMBER 15, 1987 A regular meeting of the City Council held in the City Council Chamber, 78-105 Calle Estado, La Quinta, California. 1. CALL TO ORDER Mayor Hoyle called the meeting of the City Council to order at CD the hour of 7:30 P.M.. The Pledge of Allegiance was led by Cr) 2. ROLL CALL m PRESENT: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle ABSENT: None 3. CONFIRMATION OF AGENDA The City Manager noted that Agenda Item No. EA is not a public hearing, but rather second reading of Ordinance No. 113. He also noted that Item No. 6B has been removed from the agenda, and Item No. 8B should read Application Review Fees'?. 4. PUBLIC COMMENT FRED WOLFE, 77-227 Ensenada, La Quinta, addressed the Council on the issue of the recent changes in channeling made by Coachella Valley Television. He urged the Council to take some kind of action requesting that the public interest channels" be made available to the public at no additional charge. He suggested joining the City of Palm Desert in their law suit. WARREN BRADSHAW, P.O. Box 1286, La Quinta, addressed the Council representing the La Quinta Chamber of Commerce. He advised that they intend to appear before the Council on a regular basis to report on activities of the Chamber. He proceeded to review up-coming events being planned. LOUIS CAMPANA, P.O. Box 1286, La Quinta, addressed the Council on the issue of the recent changes in channeling made by Coachella Valley Television advising that he has submitted a petition to the City which he understood was being referred to the Community Services Commission and questioned the status of same. The City Manager advised that this matter is being scheduled for the Community Services Commission meeting of September 28th in which representatives of CVTV will be asked to be present. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t ity Council Minutes September 15, 1987 49?age 2 5. COMMENT BY COUNCIL MEMBERS Council welcomed new City Clerk, Saundra Juhola. PRESENTATION OF SERVICE AWARDS On behalf of the La Quinta City Council, Mayor Hoyle presented City Service Awards to the following individuals: FRED WOLFE, Councilman 1982-BE Mayor 1982-83 LARRY ALLEN, Councilman 1982-86 Mayor 1984 TOM THORNBURG, Planning Commission Chairman 1982-87 KIMBERLY BRANDT, Planning Commissioner 1985-87 ANN JENNINGS, Deputy City Manager 1982-87 CAMERON BARROWS, Community Services Commissioner 1986-67 6. PUBLIC HEARINGS A. SECOND READING OF ORDINANCE NO. 113 RE: CHANGE OF ZONE 87-026 LA QUINTA DUNES Because of the public interest in this issue, Planning Director presented a complete review of this application which requests a change of zone from R-1 to R-3 on 32.27 acres located on the southwest corner of Dune Palms Road and Westward Ho Drive. The applicant'S intent is to develop a 472 unit apartment complex. The parcel is currently designated as *`High Density Residential" in the General Plan and a change of zoning to R-3 would bring it into consistency with the General Plan. The Planning Commission has recommended approval. In answer to questions by Council, the Planning Director advised that notices were sent to all surrounding property owners within a 300' as required by State Law. The Mayor declared the public hearing OPENED. MIKE DIAZ, 79-625 Westward Ho Drive, addressed the Council expressing concern about density of the area advising that the City of Indio has approved a recreational vehicle park in the immediate area and now they are confronted with this proposal for an increase in density. He stated that during annexation proceedings, the residents of Westward Ho were assured that their community would remain low-density. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t City Council Minutes September 15, 1987 487 Page 3 MARION ELLSON, 80-082 Palm Circle, asked that the City expand their notification procedures to include all residents of Westward Ho when a project of this magnitude surfaces. She expressed cQncern about the impact a high density project will have on the area, fearing that property values will depreciate. She also commented on the condition of Dune Palms Road urging that it be improved from Highway 111 to Miles Avenue if this request is approved. She would not want to see access to Westward Ho from this project. She also questioned arrangements being made for sewer system. During annexation proceedings, there was an implied agreement that this area would be r) maintained as low density. She asked that if this project is approved, that consideration be given to providing park facilities for the children. She concluded in advising that Cal-State San Bernardino is looking for a campus in this area and perhaps space should be maintained for this type of facility. DON MCCLELLAND, 79-815 Westward Ho Drive, advised that he has lived in Westward Ho for 21 years. During annexation proceedings, he and his wife chose to be annexed to La Quinta because they believed that their neighborhood would be preserved. He asked that the zoning be retained as R-l. BUDDY MELKESIAN, 79-915 Fiesta Drive, agreed with the comments made by Mr. McClelland. RICHARD PESCADOR, 79-625 Westward Ho Drive, advised that he lives approximately 500 from the proposed zone change. He assisted in the petition drive to be annexed to the City of La Quinta. He forfeited the benefit of utilities being promised by the City of Indio in exchange for low density. He felt that the proposed zone change would be inconsistent with the surrounding area. He reiterated the request for notification of these kinds of applications. WALLY REYNOLDS, 79-860 Fiesta Drive, did not believe that high density land use belongs adjacent to low density. High density developments should be limited to the perimeter of a city in order to better control resultant traffic. He asked that this issue be referred back to the Planning Commission for further review. BEVERLY SFINGI, 79-915 Horseshoe Road, advised that she has been a resident of Westward Ho for 24 years. She believed that this is the wrong area for high density development referring to the lack of shopping and adequate roadways. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "tCity Council Minutes September 15, 1987 4 JOHN SLATER, 79-930 Horseshoe Road, advised that he has owned two pieces of property in Westward Ho for over 25 years. He was opposed to annexation to the City as he did not believe that they would get adequate service. He and his wife feels that this area was chosen for high density without regard to the surrounding residents. ANNA HASSELL, 24542 Jutewood, El Toro, Calif., applicant, stated that the issue is not whether or not aparti?ents are going to be built, but rather, whether or not the zoning is going to be made to be compatible with the General Plan. At some point in time, the City would be required to bring this property into conformance. She advised that the Supreme Court has ruled that a property owner has the right to develop a piece of property as the zoning permits and if not, the owner must be compensated. She purchased the property because it was designted as high density. She also noted that the surrounding residents would benefit by the provision of utilities that would be extended into the area by this project. TOM THORNBURG, P.O. Box 750, La Quinta, advised that he was involved in the annexation and general plan proceedings. The original annexation did intend to protect this area. During the General Plan proceedings this area was designated high density in order to provide a buffer between the low density and the commercial/industrial. He believed that their neighborhood should be preserved. EMMA HOWARD, owner of Lot 10 on Westward Ho Drive, advised that she is an active real estate agent. She advised that the properties in Westward Ho will depreciate as a result of this project. The developer purchased the property as R-l' and paid the price for *`R-l?? she didn't pay the price of R-3". If she only received a tentative map, she will have gained a great deal at the expense of Westward Ho. There being no one else wishing to speak, the hearing was CLOSED. Council discussion ensued, with Council concurring that the notice procedures should be expanded beyond the minimum requirements. Regarding the Supreme Court decision referred to by Mrs. Hassell, the City Attorney advised that it has to do with the proper remedy for the taking by a City". This decision said that a City may have to respond in damages to an injured property owner for a taking of their property" without compensation. The Court did not however, change the standard as to what a *`taking" is. It only comes about when a City's regulation is so onerous that it affects the property in such a BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t City Council Minutes September 15, 1987 485 Page 5 affects the property in such a way that leaves it Without value. A change of zone, in no way relates to this decision; therefore, the Council has total discretion in whether or not to rezone. However,it should be brought into consistency at some point in time, even it means amending the General Plan. CQuncil concurred that this requested zone change needs further c6nsideration by both the Planning Commission and City Council with thought being given to the limited access; the road system Co and proximity to shopping. Y) The Planning Director recommended that second reading of Ordinance No. 113 be continued and request a report from the Planning Commission concerning the appropriateness of the land m use designation with consideration to such items as access road system; proximity to shopping; surrounding development proposals and to initiate at their discretion, consistent with their report and recommendation, any General Plan Amendment deemed necessary. MOTION It was so moved by Councilman Bohnenberger, seconded by Councilwoman Cox. Motion carried on the following vote: AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None B. PUBLIC HEARING ON ADOPTION OF THE 1985 MODEL CODES AND TRE 1987 ELECTRICAL CODE. Carried over to October 20, 1987. C. PUBLIC HEARING ON CHANGE OF ZONE 87-025 APPLICATION OF BENJAMIN URMSTON/WARREN JOHNSON FROM R-l TO C.P.S. ON THE NORTHEAST CORNER OF AVENIDA BERMUDAS AND CALLE CADIZ: VARIANCE NO. 87-004 AND PLOT PLAN 87-381. The Planning Director presented staff report advising that the change of zone from R-l to C.P.S. on the northeast corner of Avenida Bermudas and Calle Cadiz is being requested in order to accomodate a development proposal for a two-story, 3,250 square foot office building. The variance relates to a reduction of required on-site parking spaces from 13 to 9 and elimination of the wall separation requirement between commercial and residential zoned property. The applicant has proposed an agreement with the property owner to north, across the alley, for use of four parking spaces. An alternative would be to require a cash mitigation payment. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t City Council Minutes September 15, 1987 Regarding the wall separation, Mr. Crump advised that the City Code requires a six-foot high solid masonry wall between commercial and residential development. The reasons for requesting the variance is because even though the property is zoned R-1, it is designated 9Village Commercial' on the General Plan Land Use Map. The property will have to be re-zoned in the future for consistency with the Gen?eral Plan, which would eliminate the wall requirement. Secondly, the owner of the R-l zoned land has an existing five-foot wall, with oleander screening which would serve as an adequate buffer during the property's tenure under R-l zoning. In answer to questions by Council, Mr. Crump advised that the alleyway will be one-way west because it works in an overall scheme and limits the number of conflicting turning points on Bermudas. He then described the proposed landscaping plan. The Mayor declared the public hearing OPEN. BENJAMIN URMSTON, 38 Sierra Madre Way, Rancho Mirage, applicant, addressed the Council and proceeded to describe the project. He has plans to be under construction within the year. The kinds of leasees he intends to attract will not generate a lot of in-and-out traffic. WARREN JOHNSON, 35 Orange Grove, Arcadia, property owner, advised that he intends to be very selective as to who he rents to. He plans to have a small office and art gallery on the second level. There being no one else wishing to speak, the hearing was CLOSED. Councilman Bohnenberger asked Mr. Johnson if he had a problem with the proposed mitigation fee and he advised not. ORDINANCE NO. 116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FOR SAID CITY, BY REZONING CERTAIN PROPERTY FROM R-l TO C.P.S. It was moved by Councilman Bohnenberger, seconded by Councilman Sniff that full reading of Ordinance No. 116 be waived and same passed on first reading and that Variance No. 87-004 and Plot Plan 87-381 be approved as recommended by the Planning Commission. Motion carried on the following vote: AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t City Council Minutes September 15, 1987 483 Page 7 The Mayor called for a ten minute recess. D. PUBLIC HEARING ON GENERAL PLAN AMENDMENT 86-014 AMENDING THE CIRCULATION ELEMENT TO REDESIGNATE MILES AVENUE FROM A SECONDARY TO A PRIMARY ARTERIAL 110' of Right-of-Way). The Planning Director presented staff report advising that the proposed General Plan Amendment would change the designation of Miles Avenue between Jefferson and Washington Streets from a Secondary to a Primary Arterial. The most recent traffic study Cr) conducted concluded that excepting for Miles Avenue, all other North La Quinta streets were adequate for projected build-out to capacity. It also concluded that this up-grade will provide for m an adequate circulation capacity within the North La Quinta area. The Planning Commission recommended approval of this General Plan Amendment. In answer to questions by Council, Mr. Crump advised that the City of Indio does have 110' right of way along Miles Avenue. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 87-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO UPGRADE MILES AVENUE IN THE GENERAL PLAN FROM A SECONDARY ARTERIAL TO A PRIMARY ARTERIAL 110' RIGHT OF WAY). It was moved by Councilman Bohnenberger, seconded by Councilwoman Cox that full reading of Resolution No. 87-50 be waived and same adopted. Motion carried unanimously. 7. WRITTEN COMMUNICATIONS None 8. BUSINESS SESSION A. DESIGNATION OF VOTING DELEGATE AND ALTERNATE TO ANNUAL LEAGUE CONFERENCE MOTION It was moved by Councilwoman Cox, seconded by Councilman Pena that the Mayor be appointed the Delegate. Motion carried unanimously. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t City Council Minutes September 15, 1987 4??a?e B MOTION It was moved by Councilman Pena, seconded by Councilman Sniff that Vice Mayor Bohnenberger be appointed the Alternate. Motion carried unanimously. B. CONSIDERATION OF AMENDMENT TO BUILDING AND CONSTRUCTION FEES RE: SIGN APPLICATION REVIEW FEES. The Planning Director presented staff report advising that for the most part, there are no fees, as the encouragement is for sign programs to be submitted as part of development applications, in which case, there will be no additional fee. The fees being recommended are based on actual City costs in advancing the application. They will be reviewed periodically for adequacy. RESOLUTION NO. 87-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 85-6, ADOPTING FEES RELATING TO SIGN APPLICATION REVIEW FEES. It was moved by Councilman Sniff, seconded by Councilman Pena that Resolution No. 87-51 be adopted. In response to Council, the City Attorney advised that in the future, any time fees are adopted, it will require a public hearing and a 60-day waiting period. But since a public hearing was held a couple of weeks ago on the sign ordinance, and it contained a provision to adopt a fee schedule, he felt that was sufficient. Motion carried unanimously. C. CONSIDERATION OF GRANTING A ONE-YEAR TIME EXTENSION ON TENTATIVE TRACT NO. 20016. The Planning Director advised that in July 1984 a Tract Map was approved for a 130-single family subdivision on the northwest corner of Miles Avenue and Dune Palms Road. The first time- extension was granted July 1986. A second extension would expire in July 1988. The Planning Commission recommends approval of the extension. The Council expressed concern over the delay and asked that this matter be carried over pending an explanation from the Developer as to what the problem is. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t City Council Minutes September 15, 1967 481 Page 9 MOTION It was moved by Councilman Pena, seconded by Councilman Sniff that the matter of granting an extension of Tentative Tract No. 20016 be carried over until the next meeting. Motion carried unanimously. D. STUDY SE&.SION ITEMS CONTINUED FROM SEPTEMBER 1, 1987: 1. Discussion on City's possible donation to Desert Cities Bicentennial Commission. Cr) Mayor Hoyle advised that the Desert Cities Bicentennial Commission is requesting a donation from all of the valley cities. Following discussion, Council concurred On a donation of $250. MOTION It was moved by Councilman Pena, seconded by Councilwoman Cox that the City of La Quinta contribute $250 to the Desert Cities icentennial Commission to be appropriated from the City Council?s budget. Motion carried on the following vote: AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None 2. Discussion of La Quinta Celebration as annual event. Mayor Hoyle advised that he would like to see the La Quinta Celebration planned as an annual event in conjunction with the La Quinta Art Festival. He felt this would be an excellent project for the Community Services Commission with the Council working with them. Following discussion, Council concurred on appointing Councilman Bohnenberger and Councilman Pena to serve as a subcommittee to meet with the Community Services Commission, the Chamber of Commerce and the La Quinta Arts Foundation. 3. Discussion of Grant Award Process. Mayor Hoyle advised that a study session is needed to completely review this matter. Council concurred on setting a date for study session at a later date. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t City Council Minutes 48?september 15, 1967 Page 10 9. COMMISSION/COMMITTEE REPORTS None 10 CONSENT CALENDAR A. Approval of Agreement for Engineering Services for Washington Street improvements. B. Denial of Claim Salas, et al C. Declare NCR Cash Register surplus and authorization to dispose of same. D. Approval of Revised Contract with Code Enforcement Officer. E. Approval of Contract with Finance Director. MOTION It was moved by Councilwoman Cox, seconded by Councilman Sniff that Consent Items A-E be approved as recommended. Motion carried on the following vote: AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None 11. REPORT OF OFFICERS A. CITY MANAGER No Report B. CITY ATTORNEY No Report C. CITY ENGINEER The City Engineer noted that last month, the City Council authorized staff to receive proposals for engineering services for the drainage and street improvements in the Cove. The deadline for submitting proposals was Friday and eight were received. A report will be made to the Council as soon as the interviews are completed. He anticipated that report being made at the October 20th meeting. Council expressed concern about expediting this project. The City Manager advised that he anticipates having another adjourned meeting the first part of October for which this matter will be scheduled for. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02 "t City Council Minutes September 15, 1987 479 Page 11 D. FINANCE DIRECTOR The Finance Director presented the City's Statement of 9 Financial Position Council questioned the status of the City Hall Site acquistion. The Finance Director advised that the escrow instructions m are currently being revised. When that process is completed, then escrow will be officially opened. He Cr) anticipated a 100-day escrow. E. PLANNING DIRECTOR The Planning Director presented the Council with the monthly report for July and August. F. COMMUNITY SAFETY DIRECTOR The Community Safety Director presented the Council with the monthly activity report for July and August. In response to Council, he reviewed activity in and around the new school. He also responded to concerns about the number of fires stating that they often run in cycles. 12. ADJOURNMENT This meeting was adjourned at 10:10 P.?. to and until the hour of 5:00 P.M. on September 16, 1987. Said adjourned meeting will be adjourned to 7:30 P.M. on September 29, 1987. Both meetings to be held in the City Council Chamber, 78-105 Calle Estado, La Quinta. BIB] 02-26-96-U01 09:37:27AM-U01 CCMIN-U02 09-U02 15-U02 1987-U02