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1983 06 07 CC Minutes% MINUTES CITY COUNCIL CITY OF LA QUINTA A regular meeting of the City Council held at the La Quinta City Hall, 78-105 Calle Estado, La Quinta, California. June 7, 1983 7:30 p.m. 1. CALL TO ORDER A. The flag salute was led by Mayor Baier. 2. ROLL CALL Present: Council Members Allen, Cox, Henderson, Wolff and Mayor Baler. Absent: None. Also Present: City Manager Usher, City Attorney Ott and Administrative Assistanti Secretary Jennings. 3. PUBLIC COMMENT The Mayor indicated that this time was set aside for citizens to address the City Council on matters relating to City business, and explained that a three minute time limit on comments would be enforced. Comment was heard from the following persons: A. Stanley Sniff, 52-150 Avenida Madero, La Quinta, spoke regarding the pending Southern California Water Rate increase, and urged cItizens to reply to letters received relative to service complaints. B. Ken Compton, 54-202 Avenida Velasco, La Quinta, spoke in opposition to the proposed removal of the mountain at Highway 111 in La Quinta. C. John Bund, 54-865 Avenida Alvarado, La Quinta, addressed the proposed ordinance regarding location and height of walls and fences, and urged the Council to uphold the Planning Commission decision, including deletion of a five foot setback requirement for front yards. D. Paul Morway, 77-395 Calle Durango, addressed the Council and expressed opposition to the proposed ordinance regarding location and height of walls and fences. E. Chris Silva, Indlo, explained that he would be available to answer questions pertaining to Item 4.B. on the agenda. 4. WRITTEN COM?ICATIONS A. A communication from Paul Ames, Ames Management Service, Inc., was received relative to a surface mining permit in the area of Lake Cahuilla. The City Manager explained that Mr. Ames is requesting an extension of time in which to exercise the permit and consideration pertaining to certain limitations of the permit, which was granted by the County Board of Supervisors December 3, 1981. It was the consensus of the Council to continue this matter to the Council meeting of June 21, 1983, and to direct staff to obtain further information from the County of Riverside and report back on June 21st. BIB] 03-15-96-U01 10:12:04AM-U01 CCMIN-U02 06-U02 07-U02 1983-U02 %MINUTES City Council June 7, 1983 Page Two. B. A communication was received from Fesmire & Williams, on behalf of the Mexican- American Political Association, requesting Council support of a petition to restructure the Governing Board of the Desert Sands Unified School District. It was the consensus of the Council to request more definitive data from Fesmire and Williams for further discussion at the Council meeting June 21, 1983. 5. COMMENT BY COUNCIL MEMBERS A. Council Member Allen presented an oral report regarding the Mayors and Council Members Conference held in Sacramento on May 23-25, 1983. B. Council Member Wolff reminded those present that the La quinta Report would be aired Saturday, June 11, 1983, and every Saturday following Council meetings at 4:00 p.m. on Channel 10. 6. HEARINGS A. The City Manager introduced a public hearing regarding Tentative Tract Map No. 19203, Amendment No. 1, Desert Club of La Quinta, Applicant. Council Member Cox questioned procedure relative to the tentative tract as pertained to timelines for zoning. The City Manager explained that zoning can be obtained either prior to or after consideration of a tentative tract; he reported that since zoning had not been obtained in this case, one of the conditions placed upon the tentative tract map would be that the Applicant apply for and obtain the zoning necessary for the tract. If he is unable to obtain the necessary zoning through normal procedures such as Planning Commission hearings/Council hearings and Council action, he would not be able to meet this condition and would ultimately be unable to obtain approval for the final tract map. After discussion, it was agreed to change Condition No. 24 of the Conditions to read as follows: Prior to the recordation of the final map, the Applicant shall apply for and obtain a Change of Zone to R-3-4000 for the subject property". Council Member Cox questioned the timing sequence pertaining to application for a change of zone. The City Manager stated that he would leave that particular matter to the Applicant for response, and asked Associate Planner Sandra Bonner to present the report from the Planning Commission. Ms. Bonner explained that Tentative Tract Map No. 19203 consists of a request to divide 15.8 acres into two lots and to construct a 60-unit statutory condominium project. She explained that the property is currently zoned R?3*?4000, General Residential, requiring 4,000 square feet of lot area per dwelling unit with a minimum dwelling size of 1,200 square feet, and stated that the overall density of the project is consistent with both the zoning and General Plan designation of Medium Density Residential. Ms. Bonner explained the applicant's redesign of the project which was presented in response to concerns expressed by the Planning Commission at their May 10, 1983, meeting. Ms. Bonner stated that the Commission had voted unanimously to approve Tentative Tract Map No. 19203, Amended No. 1, according to attached staff conditions, and recommended that the City Council approve Tentative Tract Map No. 19203, Amended No. 2, in accordance with the approved exhibits and subject to the attached conditions, as stated in the Staff Report dated June 7, 1983. The Mayor called upon the Applicant, Mr. Tom Thornburgh, to comment regarding the proposed project. Mr. Thornburgh explained the origin of the project and BIB] 03-15-96-U01 10:12:04AM-U01 CCMIN-U02 06-U02 07-U02 1983-U02 %MINUTES City Council June 7, 1983 Page Three. explained the layout of the proposed condominium units, consisting of eight two-story buildings with six buildings containing two and three bedroom units, and two buildings containing one bedroom units. He explained the background regarding a change of zone which occurred in 1978, which created the 1,200 square foot ninimum restriction in La Quinta; siting of the project on Avenue 52 and layout of the tract. Following the presentation by the Applicant, the Mayor opened the public hearing to comment from the public. Comment in opposition to the proposed subdivision was heard from the following: 1. Audrey Marshman 4. James Rey ** 53-955 Avenida Velasco 53-805 Avenida Alvarado La Quinta, California La Quinta, California **(Technically favored the project, 2. Audrey Ostrowsky P?C. Box 351 but felt that Planning CommissionI La Quinta, California Council procedure should be more professional). 3. Joe Connors 77-545 Calle Arroba La Quinta, California Comment in support of the proposed subdivision was heard from the following: 1. Jack Swain 2. Lillian Bresnihan 53-601 Villa 78-425 Calle Felipe La Quinta, California La Quinta, California 3. Tom Parks 4. Rupert Yessayjan 51-635 Avenida Velasco P.O. Box 251 La Quinta, California La Quinta, California There being no further public Comment, the Mayor closed the public hearing. After discussion, it was moved by Council Member Cox, seconded by Council Member Henderson, to continue the public hearing to the Council meeting of June 21, 1983, and hold a joint meeting with the Planning Commission to further study Tentative Tract Map No. 19203, Amendment No. 1 and 2. Roll Call Vote: AYES: Council Members Allen, Cox, Henderson and Mayor Baier. NOES: None. ABSTAIN: Council Member Wolff. 7. CONSENT CALENDAR Moved by Council Member Allen, seconded by Council Member Wolff, to approve the Consent Calendar. Unanimously adopted by roll call vote. A. The Minutes of the City Council meeting of May 17, 1983, were approved as submitted. B. RESOLUTION NO. 83-29. A RESOLUTION OF ThE CITY COUNCIL OF ThE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEMANDS. BIB] 03-15-96-U01 10:12:04AM-U01 CCMIN-U02 06-U02 07-U02 1983-U02 %MINUTES City Council June 7, 1983 Page Four. 8. BUSINESS SESSION A. ORDINANCE NO. 31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, NDING CHAPTER 3. OF THE LA QUINTA MUNICIPAL CODE, RELATING TO THE CITY' S BUSINESS LICENSING SYSTEM. The City Manager read the title of the proposed ordinance. Moved by Council Member Cox, seconded by Council Member Henderson, to waive further reading and adopt Ordinance No. 31. Unanimously adopted by roll call vote. B. The City Manager read the title of a proposed ordinance, as follows: PROPOSED ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL OF ThE CITY OF LA QUINTA, CALIFORNIA, AENNOING THE CITY' S ZONING ORDINANCE HY ADDING THERETO REGULATIONS RELATING TO LOCATION AND HEIGHT OF WALLS AND FENCES. Moved by Council Member Henderson, seconded by Council Member Allen, to waive further reading and introduce the proposed ordinance. After discussion among the Council, it was moved by Council Member Wolff, seconded by Council Member Allen, to amend the motion to introduce the ordinance and amend Section 18.40 of the proposed ordinance, Subsection a), to delete the second sentence and change the first sentence to read as follows: Except as provided in subsection b) below, walls or fences not exceeding six 6) feet in height shall be permitted in all side, rear and front yards and along all side, rear and front property lines. Roll Call Vote: AYES: Council Members Allen, Wolff and Mayor Baier. NOES: Council Members Cox and Henderson. ABSENT: None. The City Manager explained the Council must now vote to introduce the proposed ordinance, as amended above. Roll Call Vote: AYES: Council Members Allen, Wolff and Mayor Baier. NOES: Council Members Cox and Henderson. ABSENT: None. C. The City Manager read the title of a proposed ordinance, as follows: PROPOSED ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CREATING AND ESTABLISHING A HUMAN RELATIONS COMMITTEE. Moved by Council Member Cox, seconded by Council Member Wolff, to waive further reading and introduce the proposed Ordinance. Unanimously adopted. D. The City Manager presented a report regarding a proposed resolution, and explaine that the resolution was necessary to complete the City's annexation application, currently scheduled for hearing before LAFCO on July 14, 1983. Council Member Wolff questioned a portion of Paragraph 2. Subsection A., which stated that the City would receive 25% of that portion of property tax revenue generated within territories annexed. It was discussed and agreed to amend the resolution to state not less than 25% of that portion.....and authorize the City Manager to raise the figure as appropriate. BIB] 03-15-96-U01 10:12:04AM-U01 CCMIN-U02 06-U02 07-U02 1983-U02 %MINUTES City Council June 7, 1983 Page Five. Moved by Council Member Cox, seconded by Council Member Allen, to adopt Resolution No. 83-28, and amend Paragraph 2., Subsection A., to read the City shall receive not less than 25% of that portion of the property tax revenue generated within territories annexed.....", and authorizing the City Manager to raise that figure if appropriate. Unanimously adopted. A. RESOLUTION NO. 83-28. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DETERHINING ThE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LA QUINTA RELATING TO ANNEXATIONS TO ThE CITY OF LA QUINTA, CALIFORNIA. E. MINUTE RESOLUTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, EXPRESSING TO SENATOR ROBERT PRESLEY THE GRATITUDE OF THE COMUUNITY FOR HIS SPONSORSHIP OF SENATE BILL 47, PROVIDING PROPERTY TAX TO THE CITY. Moved by Council Member Cox, seconded by Council Member Wolff, to adopt the Minute Resolution. Unanimously adopted. F. The City Manager presented a report from the Community Safety Coordinator regarding bids for radio Communications equipment. Moved by Council Member Wolff, seconded by Council Member Cox, to authorize advertisement for bids regarding radio communications equipment. Unanimously adopted. C. The City Manager presented a report from the Community Safety Coordinator regarding bids for City vehicles. Moved by Council Member Wolff, seconded by Council Member Cox, to authorize advertisement for bids regarding purchase of City vehicles. Unanimously adopted. H. The City Manager presented a report from the Community Safety Coordinator regarding extention request for contract services between the City of La Quinta and Sidney Felix for roadside cleanup maintenance. Moved by Council Member Cox, seconded by Council Member Wolff, to extend the contract between the City of La Quinta and Sidney Felix for an indefinite period of time, pursuant to the present terms and conditions. Unanimously adopted. I. An informational report from the Community Safety Coordinator was received and filed. J. Council Member Henderson reminded those present that a vacancy on the Planning Commission is open as of July, 1983. Council Member Cox reported that the Council had requested staff to respond to correspondence received from Planning Commissioner Reilly which would confirm that her seat would terminate as of June 30, 1983, and staff will advertise the vacancy on the Planning Commission for Council consideration at their meeting of July 5, 1983. Moved by Council Member Wolff, seconded by Council Member Cox, to adjourn. The regular meeting of the City Council of the City of La Quinta, California, was ad3ourned at 9:41 p.m., Tuesday, June 7, 1983, at City Hall, 78-105 Calle Estado, La Quinta, California. BIB] 03-15-96-U01 10:12:04AM-U01 CCMIN-U02 06-U02 07-U02 1983-U02