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1987 11 03 CC Minutes" 439 CITY OF LA QUINTA MINUTES NOVEMBER 3, 1987 A regular meeting of the La Quinta City Council was held in the Council Chambers, 78-105 Calle Estado, La Quinta, California. Mayor Hoyle called the meeting to order at the hour of 7:30 P.M., followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor cy) Hoyle ABSENT: None m CONFIRMATION OF AGENDA Councilman Bohnenberger suggested that Item 4 be moved to Item 1. Items 1, 2, 3 and 5 were also taken out of order. PUBLIC COMMENT MARTIN BECK, P.O. Box 1043, La Quinta, addressed the Council and reviewed the activities the City participated in to recognize Red Ribbon Week". COMMENT BY COUNCIL MEMBERS COUNCILMAN PENA commented on the success of clean-up day noting that 186 tons of trash was hauled out. He also had an opportunity to ride in the new fire truck which was purchased with donations. He also reminded everyone of Faire a La Quinta to be held November 15th. MAYOR HOYLE introduced the new City Attorney, Barry Brandt. WRITTEN COMMUNICATIONS a. Letter from Desert Resorts Convention and Visitors Bureau regarding membership dues. The City Manager advised that a letter has been received from the Desert Resorts Convention and Visitors Bureau regarding an increase in dues from $15,000 to $30,000. This item was discussed during budget sessions and the budget adopted kept the dues at the same level as the previous year. MOTION It was moved by Councilman Bohnenberger, seconded by Councilwoman Cox that this matter be tabled. Motion carried unanimously. BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 "City Council Minutes Page 2 November 3, 1987 BUSINESS SESSION 4. CONTINUED CONSIDERATION OF SECOND READING OF ORDINANCE NO. 113A CHANGE OF ZONE 87-026 ANNA HASSELL AND REPORT OF PLANNING COMMISSION ON APPROPRIATENESS OF LAND USE. Mr. Crump, Planning Director, presented staff report advising that on October 27th, the Planning Commission reviewed the Council's request to study the appropriateness of the land use designation for the 32-acre site in the southwest corner of Dune Palms Road and Westward Ho Drive. Ten individuals submitted input at that meeting. By a 4-1 vote, the Commission recommended that the existing High Density Residential land use designation for this area remain. The City Manager noted that the following letters have been received: a. Letter from Mrs. Lester Larson opposing high density b. Letter from Bob Krauss favoring the proposed Zone Change. The Mayor called for public comment as has been requested. ETTY MYLL, 80-131 Palm Circle, La Quinta, commented on th? matter of communication, as none of the residents of Indian Springs received a notice of the General Plan hearings and asked that whenever anything comes up which would concern them, to please include these residents in the notification proceedings. She also noted that the reason the residents voted to be incorporated into La Quinta rather than Indio was the belief that this square mile would be protected. She understood that the main reason given for this General Plan designation was to provide a buffer between R-l and Commercial. She believed that the 500' wash provides that buffer adequately. She proceeded to present photos taken of the area. Some of the pictures depicted the conditions of the roads, which she felt are very dangerous. In conclusion, she stated that the residents don't need high density in their area; they have fought hard to keep it out. She asked that if the Council cannot vote to retain the R-l zoning at this time, then allow the residents to meet as a committee with the City Planners after they have a chance to review the General Plan. In answer to questions by Councilman Sniff, Mrs. Myll stated that she worked with Frank Usher and Sandy Bonner during th annexation proceedings and were promised to be notified of an proposed changes in land use in their area. The resident realized that they didn?t have a life-time guarantee, bu? expected to be notified in order to submit input. BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 " city Council Minutes Page 3 November i, 1987 43? ANNA HASSELL, 24542 Jutewood, El Toro, Calif. 92630, applicant, addressed the Council and agreed that there is a communication problem. She agreed that the residents were lucky to be annexed to La Quinta, as Indio has high density planned all around them. With regard to her project, she advised that they plan to bring utilities into the area. She then reviewed the landscaping and amenities planned. Without this project as a buffer, the residents will be looking at the backs of commercial structures across the wash. This project will be aesthetically pleasing and will enhance the property values. BOB LOTITO, 712 Eugene Road, Palm Springs, representing KWL Assoc., Engineers for the project, addressed the Council on the m matter of infrastructure. He advised that the existing power lines on Dune Palms Road will be undergrounded as well as all utilities on-site. The closest sewer is 1/4 mile south of Fred Waring Drive and they intend to connect to it. He then reviewed the proposed traffic patterns indicating that in his opinion, residents of this development will be using Dune Palms Road to either Highway 111 or Miles Avenue and will not be using interior streets of Indian Springs. In response to Council Member Pena, Mr. Lotito advised that the only traffic studies prepared are those which are a part of the General Plan. GRACE MULCAHY, 79,875 Westward Ho, addressed the Council expressing her concern over high density development in her area. She wished for her country-style" living to be retained. LAURA HINDERAKER, 79-925 Horseshoe Road, stated that her family built in Indian springs 19 years ago because it's a family-type country club and is the only one of its kind in the area and wished to see it protected. She was concerned about traffic patterns and believed that people will use interior streets. She asked that the issue be tabled in order for a committee to work together to find a land use that will be acceptable to everyone. MARION ELLSON, 80-082 Palm Circle Dr., addressed the Council and read a letter from MITCHELL & MARILYN PAIGE, 80,071 Palm Circle Dr. asking that this zone change be denied as they believe that it will exceed the potential demand for low cost housing; would create traffic problems and is generally undesirable. In response to Councilman Sniff, Mrs. Ellson advised that she served on the General Plan Committee and voted against the General Plan designation for this property in question. There were verbal promises made by the City of La Quinta to retain low density development in the area of Indian Springs. BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 "43?City Council Minutes Page 4 November 3, 1987 In answer to Mayor Hoyle, Councilwoman Cox advised that map? were laid out during the General Plan proceedings which lined out designations by streets. The residents were told what to expect under Indio?s jurisdiction and what to expect under La Quinta's. She added that those maps are probably in the files. CLIFTON MYLL, 80-131 Palm Circle, noted that the people who are here asking that the residential character of this area be maintained are the people who boarded the bus to LAFCO to support annexation to the City of La Quinta. HOWARD COLMAN, 79-920 Fiesta Dr. stated that he bought in this area because of the low density and felt that the proposed zone change would be detrimental to the area. CHARLES LESTER, 78-765 Starlight Lane, Bermuda Dunes, advised that he has been involved with this project since 1985. They have been working with the City of La Quinta on this project since prior to the General Plan proceedings. They entered escrow in July 1985 and did not close until they were assured by the City that it would be R-3. There were numerous meetings in which anyone had the opportunity to voice their concern with the General Plan. He addressed the concern about traffic patterns stating that people will be exiting to Highway 111 or Fred Waring Drive and noted that a signal is planned at Highway 111 and Dune Palms Road. WALLY REYNOLDS, 79-860 Fiesta Drive., urged that the density be lowered to conform to the existing R-l or approve a density to allow for a condominium project similar to the Indian Springs Isle. He concluded in saying that with the help of these residents, the City of La Quinta gained a much needed corridor along Highway 111. Mr. Reynolds also presented letters of objection to the zone change from RICHARD VAN BLARICOM, 79-860 Horseshoe Rd. and HOWARD STRUM, 80-077 Palm Circle Drive. LESTER LARSON, 79-350 Westward Ho Dr., stated that if both this project and Indio's proposed project are built, they will result in 3,852 additional cars in that area. TED HARThETT, 46-160 Dune Palms Road, advised that he lives across the street from the proposed project. He felt that this issue comes down to a matter of good faith. The whole idea of coming into La Quinta was to preserve the R-l. He felt that most of the people in the 100 space mobilehome park are not aware of this issue. TOM THORNBURG, P.O. Box 750, La Quinta, advised that was beel involved in the General Plan process from the beginning. A General Plan was adopted upon incorporation. It was the intent to BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 " City Council Minutes Page 5 November 3, 1987 435 re-zone the entire City to conform with that General Plan. Anna Hassell and her associates proceeded with a zone change application because that was never done. She has spent a great deal of money processing this project on the basis of the General Plan designation. He felt that there is a demand for this type of project. He concluded in saying that the General Plan should be upheld. Councilman Sniff commented that State Law provides for amendments to be made to General Plans. The Mayor closed the discussion to public comment. m Councilman Bohnenberger believed that there were promises made to the residents of Indian Springs at the time of annexation, in that their interests would be protected with the City agreeing that this area was best suited for low density type of development and would afford them the right to submit input into these kinds of decisions. Therefore, he suggested that the issue be tabled and initiate an General Plan Amendment process and give the residents an opportunity to meet with the City Staff, developers, Planning Commissioners and City Council in an effort to reach a compromise. Councilman Sniff felt that there were promises made and it?s important to do everything possible to keep them on the other hand, the developer also has rights that have to be considered. He personally felt that high density is incompatible with that area and hoped that a compromise that is reasonable and fair to everyone can be made. He supported Council Member Bohnenberger' 5 suggestion. Councilwoman Cox stated that she was present during the annexation and General Plan proceedings and there were promises made. She pointed out that while there is an adopted General Plan, it's lines are floating lines". The problems in a particular area have to be looked at which is what amendments are about. She supported the suggestion of Councilman Bohnenberger as it would open up the lines of communications. She agreed that all of the residents of this area should be noticed on matters such as this. Councilman Pena agreed that the key word is communication and that all residents should be noticed and the property posted. He commented on the density of proposed projects within the immediate area that are not within the City of La Quinta. He believed that the Council is committed to improving the Indian Springs area and wish to work with the residents in doing so. Mayor Hoyle expressed concern about over-riding the recommendation of the Planning Commission. They have reviewed the matter twice now with the same recommendation and he felt the BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 "City Council Minutes Page 6 November 3, 1987 Commission is made up of sufficient talents qualified to rend( such recommendations. He felt that to table this issue again i not the way to make decisions. He favored making this decision at this time. Following further discussion, Mrs. Hassell agreed to meet with the residents in order to arrive at a c?mpromise and suggested a months delay. The Planning Director noted that if a General Plan Amendment is processed that it would be completed in April; however, it could be reduced to two to three months. MOTION It was moved by Councilwoman Cox, seconded by Councilman Bohnenberger that this matter be continued to the first meeting in December in order to give the developer time to meet with residents of the community. Councilman Sniff questioned the advisability of delaying this matter instead of initiating a General Plan Amendment. The City Manager suggested that both actions could be taken. Motion carried with Mayor Hoyle voting NO. MOTION It was moved by Councilman Sniff, seconded by Councilma Pena to begin the process of a General Plan Amendment to a lower density. Mrs. Hassell withdrew her request for delay to meet with the residents in light of the last motion, as she felt that it would be detrimental to negotiations. The City Attorney suggested that staff be directed to begin the process without making a formal motion. He felt it would be less threatening and would show faith by the Council. Councilman Sniff withdrew his motion and made the same suggestion to staff. 3. FURTHER CONSIDERATION OF SECOND READING OF ORDINANCE NO. 115 ADOPTION OF 1985 EDITION OF UNIFORM FIRE CODE. Councilman Bohnenberger abstained from this matter. Deputy Fire Marshal, Mike Brown, addressed the Council and recommended that Ordinance No. 115 be amended from previous. reading to state that Section 8.08.080 C) 1 a) shall tak( effect as such time as the emergency water lines are installed These improvements are expected to begin the end of December anc be completed in 90 to 120 days thereafter. BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 " City Council Minutes Page 7 November 3, 1987 433 ORDINANCE NO. 115 AN ORDINANCE OF THE CITY OF LA QUINTA AMENDING TITLE 8 ENTITLED BUILDING AND CONSTRUCTION", AMENDING EXISTING BUILDING AND CONSTRUCTION, AND ADOPTING, BY REFERENCE, THE UNIFORM FIRE CODE, 1985 EDITION, INCLUDING CERTAIN SPECIFIED APPENDICES AND THE UNIFORM FIRE CODE STANDARDS, PUBLISHED BY THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. It was moved by Councilwoman Cox, seconded by Councilman Sniff Cr) that full reading of Ordinance No. 115 be waived and same adopted. Passed by the following vote: m AYES: Council Members Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: Council Member Bohnenberger ABSENT: None Councilwoman Cox left the meeting at this time 9:55 P.M.). 2. CONSIDERATION OF REQUEST OF VALLEY PLUMBING CO. FOR DESIGNATION OF THEIR EMERGENCY VEHICLE AS AN EMERGENCY UTILITY VEHICLE". Community Safety Director, Mr. Hirdler presented staff report advising that staff has responded to a complaint about a Valley Plumbing truck being parked at 53-900 Avenida Velasco. The owners are requesting that this truck be designated as an emergency utility vehicle, which would be exempt from the Code. The City Manager referred to a letter received from MARGARET MUIR urging the Council to enforce the City Code in this matter. In response to questions by Council, Mr. Hirdler advised that because of the rotating basis in which the employees are on call, the truck is parked there one week every five weeks. However, there are two employees who live in La Quinta, and that condition could change at any time to result in fewer or more living here. It is 8' high and 20' long. AUDREY MARSHMAN and CAMERON MARSHMAN, 53-955 Avenida Velasco, addressed the Council urging that the City Codes be upheld as approving the request would set a precedent and we could end up with 24-hour towing service, etc. BO? FERRAUD, owner of Valley Plumbing addressed the Council advising of the types of emergency service calls they make, i.e. hospitals and County. His is the only company in the Valley licensed to handle medical gases. BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 "34City Council Minutes Page 8 November 3, 1987 In response to questions by Council, Mr. Ferraud advised that he does not have a smaller truck that would serve the same purpose. It cannot be parked where it would be view obscured it has to be parked on the street or on the driveway. Council discussion ensued regarding definition of emergency vehicles and public utility vehicles, aesthetics and the overall intent of the ordinance, with Council concurring that the ordinance needs to be better defined. MOTION It was moved by Councilman Bohnenberger, seconded by Councilman Pena to allow Valley Plumbing 120 days in which to bring his operation into compliance with the Code. Councilman Pena stated that during this time period, we need to look at the ordinance in terms of defining it. Motion failed to carry by the following vote: AYES: Council Members, bohnenberger, Pena NOES: Council Member Sniff, Mayor Hoyle ABSENT: Council Member Cox MOTION It was moved by Councilman Pena, seconded by Mayor Hoyle that this issue be continued for 120 days and ask Counsel to clarify the language in the Code. Motion carried on the following vote: AYES: Council Members Pena, Sniff, Mayor Hoyle NOES: Council Member Bohnenberger ABSENT: Council Member Cox 5. CONSIDERATION OF RESOLUTION ESTABLISHING NO PARKING' ON CERTAIN STREETS. Community Safety Director, Mr. Hirdler recommended that a resolution be adopted prohibiting parking on certain streets during the period November 27th to November 29th. RESOLUTION NO. 87-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY O? LA QUINTA, CALIFORNIA, ESTABLISHING CERTAIN TEMPORARY NO-PARKING ZONES ON JEFFERSON STREET, 54TH AVENUE, MADISON STREET, ONE SIDE OF ALL INTERNAL STREETS OF STADIUM COURSE COMPLEX, DURING A SPECIAL EVENT TO BE HELD NOVEMBER 27, 1987, ThROUGH NOVEMBER 29, 1987, INCLUSIVE. BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 " City Council Minutes Page 9 November 3, 1987 431 It was moved by Councilman Pena, seconded by Councilman Bohnenberger that Resolution No. 87-58 be adopted. Passed unanimously. 1. AUTHORIZATION TO ENTER INTO AGREEMENTS WITH DESERT SANDS SCHOOL DISTRICT FOR SPORTS COMPLEX AND ADJACENT PARKLANDS. The City Manager presented the Council with agreements as amended CD per Council instruction with Desert Sands School District for joint use of the sports complex and adjacent parklands. Cr) MOTION It was moved by Councilman Bohnenberger, seconded by Councilman Sniff that the agreements be approved as presented. Motion carried unanimously. COMMISSION/COMMITTEE REPORTS a. Receipt of Planning Commission Minutes 10/13/87 b. Receipt of Community Services Commission Minutes 10/26/87 NOTED AND FILED CONSENT CALENDAR 6. AUTHORIZATION TO PROCEED WITH SHARE PROGRAM. 7. APPROVAL OF MINUTES OF OCTOBER 20, 1987. 8. APPROVAL OF DEMAND REGISTER. MOTION It was moved by Councilman Bohnenberger, seconded by Coucilman Pena that Consent Items 6 8 be approved as recommended. Motion carried on the following vote: AYES: Council Members Bohnenberger, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: Council Member Cox REPORT OF OFFICERS A. CITY MANAGER Mr. Kiedrowski requested a Closed Session prior to adjournment to discuss personnel and possible litigation. B. ADMINISTRATIVE SERVICES DIRECTOR No Report C. COMMUNITY SAFETY DIRECTOR No Report BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02 " ity Council Minutes Page 10 November 3, 1987 32 D. ECONOMIC DEVELOPMENT MANAGER Written Report in Packet. E. FINANCE DIRECTOR No Report F. PLANNING DIRECTOR No Report G. PUBLIC WORKS DIRECTOR Mr. Reynolds noted that the Council has received the minutes of the first Technical Traffic Committee meeting held 10/14/87. The two items discussed were the matter of a 3-way stop at the intersection of Eisenhower and Coachella and school safety. The next meeting will be held 11/12/87 in which anti-gridlock intersections; village Plan; and speed survey will be discussed. With regard to the Washington St. widening project, he advised that the design work is well under-way with both the signals and the widening and expect to be under construction around Easter. With regard to the flooding problem at Highway 111 and Washington, Mr. Reynolds advised that his understanding is that the CVWD' contractor will be in the area in about twc weeks and will do our work at the same time as theirs. Hopefully, this work will be completed by the first of the. year. Council Member Sniff asked that stop signs in the cove be subject of discussion at a future meeting. Council adjourned to Closed Session to discuss personnel matters and possible litigation. They reconvened to regular session at 11:39 P.M. There being no further business, the meeting was adjourned at 11:40 P.M. upon motion by Councilman Pena, seconded by Councilman Bohnenberger and carried unanimously. Res?ectfully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-26-96-U01 02:58:02PM-U01 CCMIN-U02 11-U02 03-U02 1987-U02