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1987 12 21 CC Minutes" 413 LA QUINTA CITY COtINCIL MINUTES DECEMBER 21, 1987 Adjourned meeting of the La Quinta City Council was held in the Council Chambers, 78-105 Calle Estado, La Quinta, California, Mayor Hoyle presiding. Meeting was called to order at the hour of 7:30 P.M., followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle 1) ABSENT: None Cr) CON?IRMATION OF AGENDA CO Mayor Hoyle asked that Warrant No. 2898 to Motorola, Inc. be removed from the Demand Register to be considered separately. MOTION It was moved by Councilman Bohnenberger, seconded by Councilwoman Cox that said Warrant No. be considered in closed personnel session prior to adjournment. Motion carried unanimously. MOTION It was moved by Councilwoman Cox, seconded by Councilman Bohnenberger that the agenda be confirmed. Motion carried unanimously. PUBLIC COMMENT- None COMMENT BY COUNCIL MEMBERS COUNCILMAN BOHNENBERGER advised that the bid for the remainder of the stormwater facilities project will be awarded to E. L. Yeager Company at the next meeting of the Board of the Coachella Valley Water District. The bid came in one half million dollars below the Engineer's estimate. The work will be underway late January and will be completed in July. COUNCILWOMAN COX reported on the last meeting of the Mayors' and Councilmen's Conference in which Councilman Wilson of Palm Desert was elected to the South Coast Air Quality Board by the City Selection Committee. COUNCILMAN PENA complemented staff on the City9s Open House on December 16th and on the work done in the Council Chambers. BIB] 02-26-96-U01 03:02:50PM-U01 CCMIN-U02 12-U02 21-U02 1987-U02 " City Council Minutes Page 2 December 21, 1987 414 MAYOR HOYLE advised that he recently attended three conferences; World Conference of Mayors; National League of Cities Conference and a Film Commission Meeting. These conferences were extremely beneficial and he is preparing a report on them. He also suggested that the Council write a letter of recognition to Fred Rice for being chosen as the community's recipient of the Humanitarian Award". Council concurred. PUBLIC HEARINGS- None WRITTEN COMMUNICATIONS- None BUSINESS SESSION 1. CONTINUED CONSIDERATION OF GENERAL PLAN AMENDMENT NO. 86-016 MEISTERLIN Mr. Crump, Planning Director, presented staff report and referred to a letter to the applicant dated 12/3/87. He advised that an exhibit has been received depicting the property in question and surrounding area. Also received on 12/18/87 was a pro-forma, which was presented to the Council just prior to this meeting and has not yet been analyzed. CARL MEISTERLIN, 49-725 Anacappa Circle, La Quinta, Applicant, addressed the Council advising that he was not aware until this time that all requirements haven't been met. He then introduced David Schey to review these matters. DAVID SCHEY, 712 N. Diamond Bar Blvd., Diamond Bar, Calif. representing Benchmark Consulting Services, addressed the Council advising that he was unaware that the City didn't have a current title report and will see that it is submitted. With regard to the pro-forma, he believed that the City's concern was whether or not this is a viable project. The pro-forma submitted 12/18/87 covers each individual aspect of the project and demonstrates that it is a viable project. Going from a very conservative capitalization rate to a very generous capitalization rate, they still show a value to loan ratio that would allow it to be financed and a level of income sufficient to make it a project worthy of development. BIB] 02-26-96-U01 03:02:50PM-U01 CCMIN-U02 12-U02 21-U02 1987-U02 " City Council Minutes Page 3 December 21, 1987 411 Council discussion ensued regarding a desire to see a technical review of the pro-f orma prior to making a decision. Staff advised that these special studies can be made at the applicant's expense. Councilman Pena supported the recommendation of the Planning Commission for denial he was not in favor of the project in the beginning and hasn't seen anything since to change his mind. Co MOTION It was moved by Councilman Pena, seconded by Councilman Sniff that General Plan Amendment No. 86-016 be denied as recommended by the Planning Commission. Councilman Pena felt that the City went through the process m of designating this area medium density in looking at this corridor and studying what is desired along the Washington Street corridor and could not see going back and designating it high density" at this time. Councilman Sniff concurred with Councilman Pena, expressing concern with high density along Washington Street. Councilman Bohnenberger commented that when this matter was before the Council originally, it was continued because a majority of the Council felt it was a good concept. He could not deny it at this point without the additional material being evaluated. Councilwoman Cox stated that at some point in time, the Council is going to have to address the issue of where we want high density development. This project seemed to have the least negative impact on the community. Basically, she felt that this is a good project and favored the idea of mixed senior/family housing. MOTION FAILED TO CARRY with Council Members, Bohnenberger, Cox and Mayor Hoyle voting NO. MOTION It was moved by Councilman Bohnenberger, seconded by Mayor Hoyle that General Plan Amendment No. 86-016 be continued to the second meeting in January and direct staff to undertake whatever special studies are required and report back to the City Council. Motion carried with Councilman Pena voting NO. In response to Council, Mr. Crump advised that the studies will include technical sufficiency and viability within the type of market. BIB] 02-26-96-U01 03:02:50PM-U01 CCMIN-U02 12-U02 21-U02 1987-U02 " City Council Minutes Page 4 December 21, 1987 12 2. ACCEPTANCE OF THE NOTICE OF DECISION BY THE PLANNING COMMISSION REGARDING VARIANCE NO. 67-005 APPLICANT, RICK JOHNSON/PARKSIDE PLAZA. Mr. Crump, Planning Director, reviewed staff report on file in the City Clerk's office) advising that the Variance is for reduction of the required number of on-site parking spaces for an addition including 360 sq. ft. of retail space; 208' sq. ft. of office space; and 198' sq. ft. for public corridor. Therefore, 15 parking spaces are required and 12 are provided. The Planning Commission approved the Variance subject to mitigation measures set forth in Planning Commission Resolution No. 87-018. MOTION It was moved by Councilwoman Cox, seconded by Councilman Sniff that the City Council accept the Notice of Decision" by the Planning Commission regarding Variance No. 87-005. Motion carried unanimously. 3. REPORT REGARDING APPLICATION OF ROCCO & COLLEEN BALSAMO FOR HOME OCCUPATION PERMIT TO OPERATE A LIMOUSINE SERVICE. Mr. Crump, Planning Director, presented staff report advising that an application for a home occupation" permit by Rocco and Colleen Balsamo to operate a limousine service was denied based upon the criteria contained in the City Code. The subject business had been stated to involve dispatching of a commercially-licensed vehicle. In order for the applicant to appeal this decision an appeal filing fee of $175 is required. He added that the Planning Commission was not disposed to initiate a change in the home occupation" criteria; nor was there a consensus on any reinterpretation of the existing provisions. They stated that if the applicant filed an appeal of staff's determination, they would be in a position to consider this specific case on its merits. To date, no appeal has been filed. MR. BALSAMO, applicant, addressed the Council advising that his limousine is kept parked in his garage and is therefore view obscured and a cellular telephone is used for dispatching. In response to Councilman Sniff, Mr. Balsamo advised that this vehicle is used for personal use. It is not noisy and does not have an advertising sign on it. Further, it is not used to bring clients to his home. BIB] 02-26-96-U01 03:02:50PM-U01 CCMIN-U02 12-U02 21-U02 1987-U02 " City Council Minutes Page 5 December 21, 1987 409 Councilman Sniff felt that we have an unenforceable situation here because this vehicle can and is used for personal use. He believed that the applicant has made every reasonable effort to comply. MOTION It was moved by Councilman Sniff, seconded by Councilman Pena that this application be granted for one year and that it be reviewed again at that time. Councilman Pena expressed concern about procedures and Mr. Crump advised that what is before the Council at this time is merely a report on the application. In order to take action on it, there must be an appeal filed which would be Cr) transmitted to the Planning Commission. m Councilman Sniff and Councilman Pena withdrew their motion. MOTION It was moved by Councilman Bohnenberger, seconded by Councilman Sniff that the appeal filing fee be waived. Motion carried unanimously. In response to Councils concern about the Code, the City Manager advised that it would be reviewed for possible modification. CONSENT CALENDAR 4. ACCEPTANCE OF REPORT OF ACTION BY PLANNING COMMISSION FOR PLOT PLAN NO. 87-375 AMENDMENT NO. 1 APPLICANT: LA QUINTA ARTS FOUNDATION/TOM THORNBURG. 5. ADOPTION OF RESOLUTION ESTABLISHING NO PM?ING ON CERTAIN STREETS DURING THE BOB HOPE DESERT CLASSIC. 6. AWARD OF BID FOR WASHINGTON AND AVENUE 50 TRAFFIC SIGNAL TO LOW BIDDER SIGNAL MAINTENANCE INC. IN THE AMOUNT OF $69,902.00. 7. AWARD OF BID FOR WASHINGTON AND AVENUE 50 STREET IMPROVEMENTS TO LOW BIDDER MATICH CORPORATION IN THE AMOUNT OF $94,383.00. 8. REJECTION OF CLAIM OF RAY GREENE. 9. APPROVAL OF MINUTES OF DECEMBER 1, 1987 & DECEMBER 15, 1987. 10. APPROVAL OF DEMAND REGISTER. 11. ACCEPTANCE OF TREE TRIMMING PROJECT. INFORMATION ONLY) BIB] 02-26-96-U01 03:02:50PM-U01 CCMIN-U02 12-U02 21-U02 1987-U02 " City Council Minutes Page 6 December 21, 1987 410 12. SECOND READING OF ORDINANCE NO. 119 RE: APPROVAL PROCEDURES FOR MULTI-FAMILY RESIDENTIAL PROJECTS. MOTION It was moved by Councilwoman Cox, seconded by Councilman Sniff that Consent Items 4 12 be approved as recommended with Item No. 5 and No. 10 being approved by RESOLUTION NO. 87-63 and 87-64 respectively. Motion carried by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: None COMMISSION/COMMITTEE REPORTS a. Receipt of Planning Commission Minutes of 11/24/87 & 12/8/87. b. Receipt of Community Service CommissiOn Minutes of 11/30/87. Noted and filed. Council adjourned to Closed Session for personnel matters. Council reconvened to Regular Session. MOTION It was moved by Councilman Bohnenberger, seconded by Councilman Pena that Warrant No. 2898 on the Demand Register be approved. Motion carried with Mayor Hoyle voting NO. There being no further business, the meeting was adjourned. Respectfully submitted, I SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-26-96-U01 03:02:50PM-U01 CCMIN-U02 12-U02 21-U02 1987-U02