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2002 03 19 CC Minutes LA QUINTA CITY COUNCIL MINUTES MARCH 19, 2002 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pro Tem Sniff. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a (arrived 2:04 p.m.) ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with City's legal counsel regarding threatened litigation pursuant to Government Code Section 54956.9(b) - Dale Frank. 2. Conference with labor negotiators, Mark Weiss, Ski Harrison, and John Ruiz regarding an amendment to the current Memorandum of Understanding with the La Quinta City Employees Association concerning insurance benefits pursuant to Government Code Section 54957.6 - Meet and Confer. 3. Conference with legal counsel regarding pending litigation, City of Indio v. City of La Quinta, Case No. INC025560, pursuant to Government Code Section 54956.9(a). 4. Conference with City's legal counsel regarding pending litigation pursuant to Government Code Section 54956.9(a), Coachella Valley Water District v. City of La Quinta, Case No. INC010827. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None City Council Minutes 2 March 19, 2002 CONFIRMATION OF AGENDA Council Member Henderson stated she wished to speak under Mayor and Council Members' Items regarding traffic circulation at the La Quinta Arts Foundation site. Council Member Adolph requested Consent Item No. 6 be pulled for separate action. He also had a few items he wished to discuss under Mayor and Council Members' Items. MOTION - It was moved by Council Members Sniff/Adolph to approve the agenda as submitted. Motion carried unanimously. ANNOUNCEMENTS - None PRESENTATIONS Mayor Pe~a presented a proclamation regarding sexual assault awareness to Juan Delgado of the Harvest of Wellness (H.O.W.) Foundation. Mr. Delgado stated the H.O.W. Foundation is the only rape crisis center in the Valley. WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of March 5, 2002, as submitted. Motion carried unanimously. CONSENT CALENDAR Mayor Pe~a requested Item No. 7 be pulled for separate action. 1. APPROVAL OF DEMAND REGISTER DATED MARCH 19, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT DATED JANUARY 31, 2002. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED JANUARY 31, 2002. City Council Minutes 3 March 1 9, 2002 4. APPROVAL OF AMENDMENT NO. I TO A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND JDD. L.L.C., REGARDING OFFSITE STREET IMPROVEMENTS - LA QUINTA COURT DEVELOPMENT. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 29791, LA QUINTA COURT. (RESOLUTION NO. 2002-38) 6. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE MONTERO ESTATES SOUND WALL IMPROVEMENTS, PROJECT NO. 2001-12. (See separate action below.) 7. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR THE FRITZ BURNS COMMUNITY PARK COURT LIGHTING IMPROVEMENTS, PROJECT NO. 2000-15. (See separate action below.) 8. APPROVAL OF A CONTRACT SERVICES AGREEMENT FOR REDEVELOPMENT, HOUSING, AND ECONOMIC DEVELOPMENT WITH ROSENOW SPEVACEK GROUP, INC. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A CODE COMPLIANCE OFFICER TO ATTEND TRAINING CLASSES GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC., ANAHEIM, CALIFORNIA, APRIL 25-27, 2002. 10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE HISTORIC PRESERVATION COMMISSION AND A PRINCIPAL PLANNER TO ATTEND THE 2002 CALIFORNIA PRESERVATION CONFERENCE IN SANTA ROSA, CALIFORNIA, MAY 2-5, 2002. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE CITY CLERK'S ASSOCIATION OF CALIFORNIA ANNUAL INSTITUTE IN SACRAMENTO, CALIFORNIA, APRIL 17-19, 2002. 12. APPROVAL OF AN ART PURCHASE AGREEMENT WITH DALE FRANK FOR THE LA QUINTA COURT ART FEATURE. MOTION -It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 6 and 7 and with Item No. 5 being approved by RESOLUTION NO. 2002-38. Motion carried unanimously. MINUTE ORDER NO. 2002-34. City Council Minutes 4 March 19, 2002 Item No. 6: Betty Hartz Smith, 78-467 Calle Orense, asked Council to approve an eight-foot high wall on a two-foot high berm. Marc Dallanegra, 78-496 Calle Seama, also expressed support for an eight-foot high wall on a two-foot high berm. William Schmid, 78-490 Calle Orense, spoke regarding the increase in traffic caused by the Arts Festival, which increases the need for a sound wall. Council Member Adolph asked if the wall would accommodate an additional two feet if needed in the future, to which Interim Public Works Director/City Engineer Stephenson responded no. He added it may be possible to later strengthen the footings and add some type of pilaster design to accommodate additional height. Council Member Adolph noted he made a request months ago that the wall design support additional height if needed. Council Member Henderson pointed out the sound study recommended a total height of 8 to 10 feet and the proposed total height is 10 feet. MOTION - It was moved by Council Members Sniff/Henderson to appropriate an additional $85,970 from Transportation Development Impact Fee (DIF) funds and award a contract in the amount of $779,850 to Parsons Construction Company to construct the Montero Estates Sound Wall Improvements, Project No. 2000-12. Motion carried unanimously. MINUTE ORDER NO. 2002-35. Item No. 7: MOTION -It was moved by Council Members Henderson/Adolph to approve the Plans, Specifications, and Engineer's Estimate (PS&E) and authorize staff to advertise for bid the Fritz Burns Community Park Court Lighting Improvements, Project No. 2000-15. Motion carried with Mayor Pe~a ABSTAINING due to a potential conflict of interest. MINUTE ORDER NO, 2002-36. BUSINESS SESSION 1. CONSIDERATION OF TECHNICAL TRAFFIC COMMITTEE RECOMMENDATIONS REGARDING VARIOUS TRAFFIC SAFETY ISSUES DISCUSSED AT A TECHNICAL TRAFFIC COMMITTEE MEETING HELD ON FEBRUARY 21, 2002. Interim Public Works Director/City Engineer Stephenson presented the staff report. City Council Minutes 5 March 19, 2002 In response to Council Member Adolph, Mr. Stephenson confirmed illuminated stop signs will be used at the Avenue 52 intersection. He added there is no recommendation to change the speed limit. Council Member Adolph voiced concern about people running the new stop sign and causing a traffic accident. Mr.'Stephenson noted flags and flashing lights can be used to warn people of the new stop sign. He also confirmed the use of road dots. Council Member Adolph suggested using flashing red lights for the first month. Council Member Perkins advised staff he wished to review the striping plans of projects prior to their approval. MOTION - It was moved by Council Members Perkins/Sniff to direct staff to' 1 ) install four-way stop signs at Avenue 52 and Cetrino until a traffic signal is constructed; 2) not to install four-way stop signs at Jefferson Street and Pomelo; and 3) implement striping and signage enhancements on Avenida Bermudas to improve sight distance on Avenida Bermudas south of Calle Arroba where it simultaneously transitions from four lanes to two lanes and curves southwesterly, and contact the property owner residing adjacent to the curve regarding trimming and/or removal of landscaping in the right-of-way, and subject to approval of striping plans by Council Member Perkins. Motion carried unanimously. MINUTE ORDER NO. 2002-37. 2. CONSIDERATION OF FUNDING REQUEST BY LA QUINTA HIGH SCHOOL. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Perkins advised of a letter he received from the football coach that states the players already have their rings. He questioned the need to make a contribution. Mayor Pe~a noted the request is to reimburse the Booster Club who helped purchase the rings. Council Member Perkins stated he supports the Booster Club but would not support reimbursing the Booster Club on this item. Council Members Henderson and Sniff concurred. City Council Minutes 6 March 19, 2002 Council Member Adolph stated he didn't feel a funding request from the high school was appropriate but would support a contribution to the Booster Club. After a brief discussion, the consensus of Council was not to support the funding request and no action was taken. 3. CONSIDERATION OF PARTICIPATION IN THE WASTE-TO-WONDERS ART CHALLENGE TO BE HELD APRIL 13, 2002, AS REQUESTED BY S.C.R.A.P. CommUnity Development Director Herman presented the staff report. Council Member Adolph asked if the City contributed to S.C.R.A.P. last year, to which Mr. Herman responded no. Council Member Adolph noted the Council has previously discussed the possibility of not approving funding requests on a yearly basis. MOTION - It was moved by Council Members Sniff/Henderson to authorize the expenditure of $1,000 from AB939 Community Promotion Fund (101-402-605- 542) for City sponsorship in the S.C.R.A.P. Waste-to-Wonders Art Challenge. Motion carried unanimously. MINUTE ORDER NO. 2002-38. STUDY SESSION 1. DISCUSSION OF AMENDING SECTION 12.32.120 OF THE LAQUINTA CHARTER AND MUNICIPAL CODE REGULATING THE PARKING OF COMMERCIAL VEHICLES. Building & Safety Director Hartung presented the staff report. In response to Mayor Pe~a, Mr. Hartung stated the vehicle dimensions are measured from bumper to bumper and from the highest point on the vehicle. He advised recreational vehicles (RVs) are not subject to the same restrictions as commercial vehicles. RVs can be parked in or adjacent to the driveway in the Cove but must be behind a six-foot high wall in other areas of the City. Council Member Sniff spoke regarding inconsistencies in RV and commercial vehicle parking regulations. In response to Council Member Adolph, Mr. Hartung advised 15 citations were issued about a month ago for commercial parking violations. He noted there is City Council Minutes 7 March 19, 2002 no way of knowing how many commercial vehicles would be parked in residential areas if the restrictions were withdrawn. He showed photographs of different types of vehicles, such as tow trucks, that could park in residential areas if the allowed vehicle length is extended only a few inches. He also commented on the noise factor of larger vehicles being used for emergency service calls in the evening. Jeffrey May, 72-120 Manufacturing Place, Thousand Palms, of Southwest Plumbing, showed photographs of RVs parked in the Cove, some extending into the right-of-way, that are larger than his commercial vehicle, yet his employee has been cited for parking it in his driveway. His employee takes the work vehicle home in order to respond to emergency plumbing calls within one hour. He noted plumbing is considered a health and safety issue and that restaurants can be shut down by the County Health Department if plumbing problems are not addressed promptly. He referenced an exemption in the Ordinance that allows commercial vehicles to be screened from public view and stated they have tried parking the vehicle behind Ralph's Market and the Desert Sage restaurant. He also referenced the exemption for government and utility emergency service vehicles and stated he felt certain emergency services should receive consideration for the services they provide to the community. In response to Mayor Pe~a, Mr. May stated the vehicles in their fleet are uniquely fitted to the type of services each employee is able to provide and the one his employee parks in La Quinta is set up according to that employee's abilities. He stated they have two employees on-call, one as primary and one as back-up, and both need to be able to respond quickly. Council Member Perkins questioned the Health Department shutting down a restaurant at midnight and asked how often plumbing problems arise at restaurants. Mr. May stated restaurants usually experience plumbing problems at least once a week and a slow response could cause him to lose business. Jack Donlin, 52-900 Avenida Ramirez, stated he's also a plumber and has the same problem parking his vehicle. He suggested issuing parking permits and reviewing them on a case-by-case basis. He stated his gas-powered vehicle is not noisy and he rarely goes on service calls late at night. He has received, several citations and when he complained about being harassed, the next day he was cited for his garbage cans being left out. Council Member Perkins noted plumbing vehicles and tow trucks are not emergency vehicles. He suggested the vehicles be parked in a storage area or City Council Minutes 8 March 19, 2002 maybe at an all-night service station. He didn't support making any changes to the ordinance. Council Member Henderson stated she isn't pleased about RVs being parked in the Cove but noted they are a part of family living. She felt the City should address any situation where RV parking restrictions are not being followed. As for commercial vehicles, she felt some of them look like moving billboards. She noted there were no storage facilities in the City when this issue came up in 1997 and now the City has two. She stated she would have a hard time amending the regulations at this time. Council Member Adolph referenced Mr. Donlin's suggestion for a permitting process and stated he felt the City may be too stringent and tight on these restrictions. He understood it's an imposition for people to park their vehicles elsewhere, and stated although he wouldn't like having his view obstructed by a large van parked in a driveway, the City does allow RV parking. He felt the parking restrictions should be realistic and flexible. He suggested setting guidelines on where commercial vehicles can be parked and giving staff the ability to make the determination. He also felt the height should be measured to the top of the van, not the light bar. He wished to be sensitive to the needs of the community, including the commercial vehicle users. Council Member Sniff stated he felt there's a need to apply a sense of reality to this issue. There are a significant number of working people in the Cove and some need quick access to their work vehicles. He felt the issue is not commercial vehicles but rather size, height, and length and wished to find a minor modification to the regulations if possible. Mayor Pe~a stated he agreed somewhat and asked what the rational was for setting the maximum dimensions of 20 feet in length and 8 feet high. Mr. Hartung stated those dimensions fit a pickup or van and beyond that you get into commercial-type vehicles. Mayor Pe~a stated he felt it's inconsistent to allow RVs in residential areas but not commercial vehicles. He noted many commercial vehicles are maintained better than RVs that get less use. In response to Mayor Pe~a, Mr. Hartung stated there is no limit on the number of RVs allowed to be parked on a property. He confirmed a gardener cannot park his truck and trailer at his residence if the combined length exceeds 20 feet. He advised overnight parking violations are determined through late night sweeps or complaints by neighbors. City Council Minutes 9 March 19, 2002 Mayor Pe~a stated he felt it would be helpful to know what types of vehicles were cited during the late night sweep and that he wished to look at this issue further. Council Member Sniff concurred. Council Member Henderson stated she didn't object to reviewing the issue and commented on the increasing size of standard vehicles. Council Member Perkins commented on the need to draw the line somewhere and stated he supports measuring the height of a vehicle from the highest point. He questioned how many workers in the Cove are required to bring their work vehicles home and felt consideration should be given, to the residents who want to keep their neighborhood free of commercial vehicles. He didn't support reviewing the ordinance and encouraged more code enforcement in the Cove. Mayor Pe~a stated he wished to look at potential changes to address the inconsistencies and maybe consider fees and limit parking to one company vehicle. He suggested forming a small committee to review this issue and asked what would happen to violators in the meantime. Council Member Henderson pointed out the City enacted a moratorium on the RV issue when it was being reviewed. Council Member Adolph stated he wished to maintain standards but allow staff some flexibility to permit parking if special circumstances are present. He wanted to be fair to businesses. Mayor Pe~a agreed with being fair and noted the City provides benches for day workers seeking work and maybe the City should consider helping those who are already working. Council Member Sniff stated he didn't feel it's appropriate for staff to determine the allowed length of vehicles. He suggested suspending violations for 90 days to provide time to review this issue. Council Member Perkins agreed to bring it back for review but stated he would need proof to see if modification will do some good before he will support any changes. Mayor Pe~a requested staff come back with some options. He wished to know how many and what types of vehicles have been cited and where most of the violations have occurred. City Council Minutes 10 March 19, 2002 Council Member Perkins suggested the Cove residents be notified when this matter comes back for consideration. Council Member Sniff noted this is not an RV issue but a commercial vehicle issue. City Manager Genovese advised consideration of a moratorium will be placed on the next agenda and the other information will be brought back in 30 days if possible. PUBLIC COMMENT Bill Martz, 53-120 Avenida Juarez, owner of Fisherman's Market and Grill, spoke regarding a letter from Code Enforcement about the sculpture on the outside of his restaurant being defined as a sign. He advised the sculptor was created by Bill Ware and that he was under the impression everything had been cleared through the Cultural Arts Commission as part of the City's Art in Public Places program. Mayor Pe~a advised the matter would be referred to staff. 2. DISCUSSION OF TRAIL ALTERNATIVES FOR THE MULTI-SPECIES HABITAT CONSERVATION PLAN. Community Development Director Herman presented the staff report and introduced Jim Kenna, of Bureau of Land Management (BLM). Jim Kenna, of Bureau of Land Management, stated the two goals of the plan are to provide a reasonable range of recreation opportunities for the public and facilitate recovery of Peninsula Big Horn Sheep. He advised BLM must complete a plan amendment decision by December 31, 2002, pursuant to a lawsuit provision. They have received constructive input from other cities and hope to come up with a preferred alternative for trails at the March 28th meeting. Katie Barrows, 45-480 Portola, Palm Desert, of Coachella Valley Mountains Conservancy, outlined basic concepts of the plan related to La Quinta and reviewed Trails Plan Alternative B, which she felt may end up being the preferred alternative. They are looking for input on any concerns the City may have regarding the trails. She stated the focus of proposed Alternative B is to designate seasonal trail closure areas between early January or February 15 through June due to the lambing season of the Big Horn Sheep and June to City Council Minutes 11 March 19, 2002 September due to water access. She also reviewed the proposed perimeter trails that will provide hiking opportunities without impacting the Big Horn Sheep Habitat. In response to Council Member Henderson, Ms. Barrows confirmed the trail between the Cove Oasis Trailhead and Lake Cahuilla will remain open but the Boo Hoff Trail will be closed during the seasonal closure period. Council Member Sniff noted the perimeter trails do not provide the vistas the proposed seasonal trails have. Ms. Barrows stated people seem to want one to two-hour trails with some elevation gain but the sheep are more sensitive to people hiking above them. She stated the seasonal trail closures will be phased in with construction of the perimeter trails. In response to Council Member Sniff, Ms. Barrows confirmed funding sources will be considered to construct the trails. In response to Council Member Sniff, Principal Planner Baker confirmed Buford Crites, of the Palm Desert City Council, has requested a connecting trail between the Visitor's Center in Palm Desert and the Cove Oasis Trailhead in La Quinta. He understood, however, that it's not feasible because of the habitat and watering areas. Mr. Kenna described an alternate connecting trail between the two areas that goes farther north. In response to Mayor Pe~a, Mr. Kenna advised the habitat covers just under 190,000 acres from the Banning Pass to the Imperial County Line with 75 % of it being in seasonal trail areas. He stated the National Monument is 272,000 acres. In response to Council Member Henderson, Mr. Kenna stated BLM will receive a Section 7 Opinion from Fish & Wildlife at the end of the planning process. He anticipates receiving input from the National Monument Advisory Committee between the draft and final plan. He confirmed the plan is moving through the Monument Advisory Committee the same time it is moving through the cities. Council Member Sniff asked what would happen if no agreement is reached. Mr. Kenna stated BLM has no choice but to launch into a plan amendment process. City Council Minutes 12 March 19, 2002 Council Member Henderson voiced concern about the seasonal trails being open only during hot weather when it's too hot for hiking. Mr. Kenna noted the hiking season will be from September to January or February 15th. Council Member Sniff stated he feels it's important to provide reasonable and somewhat comparable options if trails are going to be closed. Mr. Kenna stated all agencies involved are working to come up with a compromise. Mayor Pe~a suggested issuing a limited number of hiking permits during the season. Mr. Kenna confirmed that idea has been discussed along with the potential for limiting hiking days. Council Member Sniff questioned how trail closures would be policed and Mr. Kenna noted the public has been very supportive in making it work. Council Member Henderson referenced the list of meetings and noted there has been a lot of opportunity for people to speak on this issue. She asked how the trail closures relate to equestrian use. Ms. Barrows replied the closure would affect equestrian, as well as hikers. She added the equestrian group has been the most active in attending the meetings and providing input. Council Member Henderson stated she would like to see a connecting trail between Palm Desert and the Cove Oasis Trailhead. She also suggested some type of legend on the map to name the trails. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Ken Stypulkoski, 53-560 Eisenhower Drive, spoke in opposition to commercial vehicles being parked in the Cove because he felt they are a safety hazard. Bruce Pelletier, 54-255 Aven'ida Herrera, read a statement from the "Citizens for Measure B Committee" thanking the City Council for placing the Measure on the recent ballot and asking them to place it on the ballot again at the earliest date in recognition of the closeness of the final vote. They also encouraged the Council to consider a City Council Minutes 13 March 19, 2002 partial implementation of Measure B by authorizing the hiring of two new positions budgeted to staff the third fire station. The firefighters would be hired as firefighter/paramedics and would demonstrate the true value of paramedic services. With the Council's support, the Committee will undertake further time to educate the residents to assure passage of the Measure on a future ballot. John McLaughlin, 44-405 Willow Circle, a member of the "Citizens for Measure B Committee," noted a majority of the voters supported Measure B and he urged Council to continue the fight to be able to provide the needed staffing. Robert Cox, 78-315 Crestview Terrace, a member of the "Citizens for Measure B Committee," urged the Council to consider the Committee's recommendations. Mayor Pe~a expressed Council's appreciation for the Committee's work. Council Member Sniff asked that this issue be brought back in a study session at an early date to determine how to move forward. Council concurred. Aaron Healy, 54-435 Eisenhower Drive, spoke in support of having paramedic services in La Quinta. PRESENTATIONS The Mayor and Council Members presented art awards to the following students of La Quinta High School whose artwork has been displayed at City Hall: Cassie Aguilar Shannon Harrop Brelinda Moyron Alex Aguilar Daniel Heavlin Simeon Nava Samuel Applebaum Enrique Hernandez Steve Preston Lauren Ballian Ashley Hicks Martha Ramirez Kaci Borowski Jaymi Keeran Dominique Rios Celeste Canel Kaylea Kirkland Jose Rocha Marina Ceja Lauren Laddusaw Ashley Rodholm Jennifer Cooley Erica Levish Evelina Rodriguez Matt Dominguez Matt Maceda Nate Somers Tommy Fanning Rachel McEIfresh Michael Spurlock Ryan Fillmore Matthew Miller Thao Vu Ryan Galez James Misenhimer City Council Minutes 14 March 1 9, 2002 PUBLIC HEARINGS 1. PUBLIC HEARING TO REVIEW THE PLANNING COMMISSION APPROVAL PURSUANT TO SECTION 9.200.120.D, FOR AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 97-337 (STATE CLEARINGHOUSE NO. 97011055), SITE DEVELOPMENT PERMIT 2002-728, CONDITIONAL USE PERMIT 2002-067, AND TENTATIVE PARCEL MAP 30420. APPLICANT: STAMKO DEVELOPMENT COMPANY. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report and reviewed the site and elevation plans. In response to Council Member Sniff, Mr. Herman stated Building A is 510 feet long north to south and Building B is 700 feet east to west. Allan Cooper, 9401 Wilshire Boulevard, Beverly Hills, representing One Eleven La Quinta Shopping Center, voiced concerns about the project. He noted the environmental document does not address the presence of the gas additive, MTBE, at the service station and questioned the traffic study and conclusion of the feasibility study. He believed the One Eleven La Quinta Shopping Center should be free to lease the existing Wal-Mart site to comparable tenants as soon as the building is vacated. He commented on the blight resulting from empty retail buildings and the financial impact to the shopping center. He pointed out that it is in the City's best interest for both shopping centers to be viable. Joan Velazquez, 9401 Wilshire Boulevard, Beverly Hills, also representing One Eleven La Quinta Shopping Center, noted the One Eleven La Quinta Shopping Center already has a vacant movie theater and spoke in support of providing two viable shopping centers. Michael Shovlin, 71-084 Tamarisk Lane, Rancho Mirage, owner of One Eleven La Quinta Shopping Center, spoke regarding the need to lease the building as soon as it's vacated and expressed concern about current lease negotiations he is in with Staples, Ross, and Big 5 Sporting Goods. He wished to work together to make the move simultaneously with a new tenant. Scott Gayner, 327 East 18th Street, Suite B, Costa Mesa, of 111 Venture LLC (La Quinta Corporate Centre), spoke in support of the project and stated he felt the free market will take care of the existing Wal-Mart site. City Council Minutes 15 March 1 9, 2002 Penny Alexander-Kelley, 600 N. Arrowhead Avenue, Suite 300, San Bernardino, attorney with Greshim, Savage, Nolan, and Tilden and representing Wal-Mart, referred to Condition No. 67, of the Site Development Permit, and voiced concern about the lack of legal due process procedures related to the City's ability to take care of dying landscaping or improper irrigation. She distributed suggested language to include an appeal process in the condition. Joe Hammer, 74-757 N. Golf Drive, Indian Wells, owner of the property east of the site, voiced support for the project. Dave Stark, of Mazda/Subaru/Kia Superstore, stated the auto dealers are in total support of the project. Joe Duffle, 855 W. San Bernardino Avenue, of Bloomington, representing United Food and Commercial Workers (UFCW) Local 1167, voiced opposition to the project because of how much sales tax the project will generate and how much will go back to Wal-Mart through a rebate. He also voiced concern about resulting blight at the existing Wal-Mart site and encouraged Council to deny the project. Richard Zeilenga, 2815 Townsgate Road, Westlake Village, attorney with Stowell, Zeilenga, and Ruth and representing the applicant, commented on the immense environmental review of the project and noted the time period for challenges has expired. He referenced Mr. Cooper's comments and noted no evidence was presented. He then introduced Tony Locacciato, of Impact Sciences, to address the MTBE issue, Carleton Waters, of Urban Crossroads, to address the traffic issues, and Roger Dale, of Natelson Company, who prepared the blight analysis in 1997. Tony Locacciato, 30343 Canwood Street, Suite 210, Agoura Hills, of Impact Sciences, stated due to the regulation of the substance and the underground tanks MTBE does not create potential for significant impact. Additionally, he noted the ground water level is at 100 feet. Council Member Adolph commented on leakage from the dispensers being more of a concern than underground tanks and noted monitoring systems are in place to detect any leaks. Council Member Sniff questioned the ground water level being at 100 feet and stated he felt it was closer to 80 feet. Carleton Waters, 41 Corporate Park, Suite 210, Irvine, of Urban Crossroads, spoke regarding the traffic issue and stated according to the ITE Trip Generation City Council Minutes 1 6 March 1 9, 2002 Manual, in a shopping center with multiple retail uses and common access, the shopping center trip generation rates are highly recommended for use in analyzing potential traffic impacts. As to why data was not collected from the existing Wal-Mart site and factored up to reflect the larger Wal-Mart, he stated there's no evidence the size affects the number of trips. Council Member Perkins asked if the traffic analysis is based on shopping centers of comparable size and location. Mr. Waters responded over 100 shopping centers are surveyed by ITE across the country, and the overall square footage of the uses within the shopping center is the most important variable affecting the number of trips to and from a shopping center. Roger Dale, 24835 E. La Palma Avenue, Suite I, Yorba Linda, of Natelson Company, spoke to the issue of potential impacts to the One Eleven La Quinta Shopping Center. He felt the project creates a win-win opportunity because it ultimately increases the value of this part of the City as a retail destination. He felt there is a demand for comparable uses in the existing space and stated they have used conservative numbers in their analysis to ensure they are not overestimating the amount of demand able to support the new project along with existing businesses. Chris Clarke, 2205 Poinsettia, Manhattan Beach, of Stamko Development Company, spoke to the issue of the ground water level and noted the well on Mr. Hammer's property goes down 200 feet. She proceeded to address several items in the staff report with the first being a need to correct La Quinta Centre Drive to La Quinta Drive. She then referenced language faxed to the City Attorney and suggested it be utilized in the conditions of approval relating to indemnification. She noted the responsibilities of the developer are defined in the Development Agreement. Principal Planner Baker clarified the related conditions are Condition No. 3 in the Conditional Use Permit (CUP) and Condition No. 1 in both the Site Development Permit (SDP) and the Tentative Parcel Map (TPM). Ms. Clarke stated she wished to be sure that Condition No. 67(A) relates only to Wal-Mart and not the other retailers on the property. She also noted Condition No. 67(B) is in conflict with the Development Agreement because it affects the CC&Rs recorded on the property. In response to Council Member Henderson, Ms. Clarke stated she expects to have an encroachment permit from CalTrans by the end of the week and noted City Council Minutes 17 March 1 9, 2002 "widen the north half as required for the widened section" in Condition No. 50(A)(1) should be removed because the property is not dedicated property. She also asked that the last sentence in Condition No. 86(B), of the SDP, be changed from "Retail B Building" to "Wal-Mart" and that Council review the rear elevations for Building A so it doesn't have to come back to staff at a later date for approval. Under Condition No. 82, of the TPM, she suggested adding, "subject to CalTrans approval." She noted any conditions in the CUP, SDP, and TPM related to the landscape bond should relate to Wal-Mart only and that retail development on Mr. Hammer's property will eventually abut the backside of Building A. In response to Council Member Adolph, Mr. Herman confirmed the minimum setback behind any future development on Mr. Hammer's property is 10 feet. Ms. Clarke stated she understood the Fire Department requires 60 feet for fire access in addition to the 10 feet of landscaping. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mayor Pe~a asked Mr. Cooper if any contamination concerns were raised on the two service stations at Dune Palms Road and Jefferson Street. Mr. Cooper responded that he didn't know but felt the issue of the gas additive should have been addressed in the environmental document. Council Member Adolph voiced concern about the City and surrounding area being able to support another food market. He commented on the dirty condition of the existing Wal-Mart parking lot, as well as the poor landscaping, and stressed the importance of the conditions of approval for this project assuring someone will be responsible for keeping the new site properly maintained. Ms. Clarke stated the CC&Rs of the new site are under her control and noted the auto dealer properties are well-maintained. Council Member Adolph referred to Condition No. 4(b), of the CUP, regarding the City's right to purchase the existing Wal-Mart property if not occupied within 24 months. He felt the agreement should be made so the issues are known now, not two years down the road. City Attorney Jenson advised the condition states a building permit will not be issued until an agreement between the City and Wal-Mart is negotiated that is City Council Minutes 18 March 19, 2002 satisfactory to the City. She added the recently-submitted proposal by Wal-Mart is unacceptable to the City. She further advised the Council has the option of having the negotiations occur prior to project approval. However, if the project is approved prior to negotiations, she wished to have Wal-Mart restate their approval of the condition, with some minor changes, so it's. clear that a building permit will not be issued for a building occupied by Wal-Mart if an agreement is not reached. Ms. Clarke stated she felt the provision is somewhat unacceptable because it's something the City should handle and not put on the developer. She didn't feel an agreement is necessary since the City can condemn the site under the Redevelopment Agency. Council Member Adolph commented on the trees at the south side of the property not being of sufficient size to soften the massive wall when the City's property to the south is developed. He asked the developer to take the ambiance of the adjacent property into consideration during development of this project. He also suggested the developer consider lower light poles near Highway 111, similar in height to those at Ralph's on Jefferson Street that do a great job. In response to Council Member Adolph, Ms. Clarke stated the 24-foot high poles are the same height as those used on the Lowe's site. In regard to drainage, she stated the auto center retains its drainage on site and the remaining 40 acres and public streets will drain into a five-foot deep, landscaped, retention basin on a two-acre lot. She stated the landscaping details will be reviewed by the Architecture and Landscaping Review Committee (ALRC) and the Planning Commission and that the landscaping will be like the auto mall to keep the theme of the property. She confirmed the up-lighting on the trees will comply with the Highway 111 Corridor Guidelines and the three- foot high mounding will begin from the curb at Highway 111. Council Member Adolph voiced concern about having sufficient landscaping in front of Building B. Ms. Clarke commented on the uniqueness of the proposed Wal-Mart building design and stated she felt Wal-Mart has done a great job trying to design an acceptable building. Council Member Adolph voiced dissatisfaction with the service station design and suggested verticals in the fascia to be compatible 'to the other buildings. He stated he liked the elevations for Retail A and the shops. City Council Minutes 19 March 19, 2002 Ms. Clarke pointed out the service station is 900 feet south of Highway 111 and she added the ALRC has suggested tying the design into the other buildings. Council Member Sniff stated he felt it's imperative for the existing Wal-Mart building to be utilized and functional as soon as possible after it is vacated. He voiced concern about potential damage to the One Eleven La Quinta Shopping Center but wasn't sure how to deal with it in an effective manner. He felt it requires significant good faith in as much as Wal-Mart has indicated willingness to cooperate and modify their designs. Regarding the ground water level, he stated all wells go beyond the depth of ground water. Ms. Clarke stated she didn't believe the project will damage the shopping center across the street and noted her well-known deal with Wal-Mart has not stopped the One Eleven La Quinta Shopping Center from making deals with Staples, Ross, or Big 5. She encouraged the Council to take a look at the bigger picture and noted this is the only site that will accommodate a Wal-Mart Superstore. She felt the existing Wal-Mart building has great value and that a new tenant would be found quickly. Council Member Henderson stated she wished to have the ALRC verify the adequacy of 25 square-foot tree wells. She suggested Condition No. 86(A), of the SDP, be modified to require upgrading of the landscaping before it is accepted as a minimum. Ms. Jenson suggested deleting "and landscaping" and adding a sentence stating, "The physical condition of the landscaping shall be maintained to the reasonable satisfaction of the Community Development Director." She noted the need to modify the language in corresponding conditions of the other applications. She also suggested adding language to Condition No. 67(B), of the SDP, and to Condition No. 81 (B), of the TPM, stating, "Prior to exercising of right to lien, the City shall provide a 15-day notice and hold a hearing before the Community Development Director to determine the existence of the deficiencies and scope of work needed to correct the deficiencies. The determination of the Community Development Director shall be subject to appeal to the Planning Commission in accordance with the Municipal Code." In response to Ms. Clarke's comments regarding maintenance obligations, she noted the Development Agreement imposes an obligation as to maintenance but the referenced condition of approval defines the right of the City. In reference to the indemnification language, she recommend no changes be made because the reference to the Development Agreement refers specifically to the defense of the City regarding challenges to the Development Agreement. City Council Minutes 20 March 19, 2002 Council Member Henderson stated she hopes Wal-Mart will see the benefit of this community and the disadvantage of allowing their property to create an uncomfortable environment. She referenced Condition No. 4(b), of the CUP, and noted there seems to be an opinion that the City is being hard-nosed on this but she didn't agree. She felt the clause is necessary and that the City will act in good faith to try to come to an agreement. Ms. Jenson suggested modified language in that condition as follows'" ..... so long as Retail B Building at The Centre at La Quinta is not to be occupied by Wal-Mart;"; and "but in no event will a building permit be issued for a building to be occupied by Wal-mart if..." Council Member Henderson commented on the concerns regarding the vacancy of the existing Wal-Mart building and expressed hope that it will be re-occupied in less than two years. Council Member Sniff noted tree wells need to accommodate a mature tree and that 25 square feet is not large enough in some cases. Council Member Perkins stated he knows the Wal-Mart Superstores have a reputation for running "Mom and Pop" stores out of business but he looks at it differently and noted the average shopping center has at least one or two anchor stores. He felt there's been enough discussion about what is wrong with Wal-Mart for them to get the message. He didn't expect to have a problem at their new site and noted it won't look good on them if they allow the vacated property to become blighted. Mayor Pe~a expressed confidence in the developer that the property will be properly maintained and stated he was ready to move forward. Council Member Sniff spoke regarding Wal-Mart being a major asset to the City and stated he supports moving forward with the project. Mayor Pe~a commented on the City's support of developers and the City's lack of control when businesses decide to move or stay. He noted the vacant theater has been a major concern to the City but the factors involved are beyond the Council's control. Council Member Adolph stated his constructive criticism was intended for the purpose of enhancing what already exists along Highway 111. City Council Minutes 21 March 1 9, 2002 RESOLUTION NO. 2002-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN 97-029 (1997) AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (1998), STATE CLEARINGHOUSE NO. 97011055, PREPARED FOR SITE DEVELOPMENT PERMIT 2002-728, CONDITIONAL USE PERMIT 2002-067, AND TENTATIVE PARCEL MAP 30420 (STAMKO DEVELOPMENT CO.). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-39 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING A PLANT NURSERY/GARDEN CENTER, AUTO REPAIR/SPECIALTY SHOP, AND AN AUTO SERVICE STATION IN CONJUNCTION WITH RETAIL BUILDING "B" FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN (CONDITIONAL USE PERMIT 2002-067 - STAMKO DEVELOPMENT CO.). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-40 as amended (modifying Condition No. 4(a) by deleting "and landscaping" and adding "The physical condition of the landscaping shall be maintained to the reasonable satisfaction of the Community Development Director,; modifying Condition No. 4(b) to read," .... so long as Retail B Building at The Centre at La Quinta is not to be occupied by Wal-Mart .... "and" ...but in no event will a building permit be issued for a building to be occupied by Wal- Mart if..." and adding a condition regarding the service station fascia (as discussed below). In response to Ms. Penny-Alexander, Ms. Jenson advised the Municipal Code provides an appeal process for decisions made at the staff level. Stan Rothbart, speaking on behalf of Wal-Mart, stated they accept the amended condition. After a brief discussion, Council Members Sniff and Henderson concurred to include a condition requiring verticals in the fascia of the service station. Council Member Adolph noted the "auto service station" is basically an auto retail gas station. Motion carried unanimously. City Council Minutes 22 March 1 9, 2002 RESOLUTION NO. 2002-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR CONSTRUCTION OF SHOP BUILDINGS "A" AND "B," AND SERVICE STATION FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN (SITE DEVELOPMENT PERMIT 2002-728 - STAMKO DEVELOPMENT CO.). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-41 as amended (modifying Condition No. 67(A) by adding, "Prior to exercising the right to lien the City shall provide a 15-day notice and hold a hearing before the Community Development Director to determine the existence of deficiencies and the scope of work needed to correct the deficiencies and the determination of the Community Development Director shall be subject to appeal to the Planning Commission in accordance to the City's Municipal Code."; modifying Condition No. 86(A) by deleting "and landscaping" and ' adding "The physical condition of the landscaping shall be maintained to the reasonable satisfaction of the Community Development Director"; and modifying Condition No. 86(B) to read," .... so long as Retail B Building at The Centre at La Quinta is not to be occupied by Wal-Mart .... "and "....but in no event will a - building permit be issued for a building to be occupied by Wal-Mart if..." Mayor Pe~a suggested "auto service station" be changed to "auto fueling station." Mr. Herman asked about the tree well size. Council Member Henderson stated she preferred it to go back to the ALRC for review and Council concurred. Motion carried unanimously. (See reconsideration of Resolution No. 2002-41 below.) RESOLUTION NO. 2002-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 62.10 ACRES INTO 18 COMMERCIAL LOTS AND TWO LETTERED LOTS (TENTATIVE PARCEL MAP 30420 - STAMKO DEVELOPMENT CO.). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-42 as amended (modifying Condition No. 81(A) by adding, "Prior to exercising the right to lien the City shall provide a 15-day notice and hold a hearing before the Community Development Director to determine the existence City Council Minutes 23 March 19, 2002 of deficiencies and the scope of work needed to correct the deficiencies and the determination of the Community Development Director shall be subject to appeal to the Planning Commission in accordance to the City's Municipal Code."; and modifying Condition No. 82 to read, "...public street improvements subject to CalTrans approval." (and modifying Condition No. 66(A)(1 ) to delete, "and widen the north half as required for the widened section" (as discussed below). Ms. Clarke spoke regarding the need to delete any conditions regarding dedication of property on the north side of Highway 111. Mr. Herman clarified the conditions in question are Condition No. 66(A)(1) of the Tentative Parcel Map and Condition No. 7(A)(1) of the Site Development Permit. Mr. Rothbart thanked Council for their confidence in Wal-Mart and stated they are in support of enhanced landscaping. Motion carried unanimously. Mr. Herman advised of the need to amend Condition No. 7(A)1) of the Site Development Permit. MOTION - It was moved by Council Members Sniff/Adolph to reconsider Resolution No. 2002-41. Motion carried unanimously. MINUTE ORDER NO. 2002-:39. RESOLUTION NO. 2002-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR CONSTRUCTION OF SHOP BUILDINGS "A" AND "B," AND SERVICE STATION FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN (SITE DEVELOPMENT PERMIT 2002-728 - STAMKO DEVELOPMENT CO.). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-41 as amended (modifying Condition No. 67(A) by adding, "Prior to exercising the right to lien the City shall provide a 15-day notice and hold a hearing before the Community Development Director to determine the existence of deficiencies and the scope of work needed to correct the deficiencies and the determination of the Community Development Director shall be subject to appeal to the Planning Commission in accordance to the City's Municipal Code."; modifying Condition No. 86(A) by deleting "and landscaping" and City Council Minutes 24 March 19, 2002 adding "The physical condition of the landscaping shall be maintained to the reasonable satisfaction of the Community Development Director"; modifying Condition No. 86(B) to read," .... so long as Retail B Building at The Centre at La Quinta is not to be occupied by Wal-Mart .... "and "....but in no event will a building permit be issued for a building to be occupied by Wal-Mart if..."; and modifying Condition No. 7(A)(1) by deleting the language regarding the north side of Highway 111. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee -- Council Member Sniff reported the committees of the Air Quality Compliance Ad-hoc Task Force are dealing with various components of the air quality in the Valley and must have a solution in place and accepted by the EPA by mid-June. La Quinta representatives are serving on the enforcement and construction committees and all of'the committees will be reporting at the next meeting of the Task Force on April lSth. CVAG Human & Community Resources Committee -- Council Member Adolph reported there will be a meeting Wednesday morning to discuss the financial responsibilities of the jurisdictions involved with the animal shelter. C. V. Mountains Conservancy -- Mayor Pe~a concurred with Council Member Sniff that Monday's meeting was productive and moving in a positive direction. City Attorney Jenson advised there has been a proposal regarding approved projects to delete them from the Multi-Species Habitat Plan. Council Member Sniff commented on the possibility of options or amendments in the agreement. CVAG Executive Committee -- Council Member Henderson commented on the CVAG resolution regarding the Salton Sea and inquired as to when that issue would come before Council to consider a City resolution. Council Member Sniff spoke regarding the environmental concerns related to the change in the shoreline. Mayor Pe~a confirmed a resolution will be brought before Council to consider for adoption. All other reports were noted and filed. City Council Minutes 25 March 1 9, 2002 DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING TRAFFIC CIRCULATION AT THE ARTS FESTIVAL. Council Member Henderson spoke regarding the traffic problems on Washington Street during the Arts Festival and referenced previous discussions about the potential for a traffic signal at Lake La Quinta Drive. She wished to see the traffic problem addressed before it becomes a larger problem t° resolve. Council Member Adolph commented on the success of the lighting at the Arts Foundation and voiced concern about the lack of steps in the terraced area. He asked staff to look into the City's liability regarding that issue. City Attorney Jenson advised the City is not liable because it does not own the property and it has immunity for granting permits as long as acting in a discretionary capacity. Staff will relate the concerns to the Arts Foundation and verify that the conditions of approval are being met prior to a final occupancy permit being issued. Council Member Perkins referenced the need to comply with ADA requirements. 2. DISCUSSION REGARDING STRIPING IN THE ROUNDABOUT AT JEFFERSON STREET. Council Member Adolph requested staff look into the possibility of striping the traffic lanes in the roundabout at Jefferson Street. 3. DISCUSSION REGARDING TRAFFIC SIGNALS IN THE VILLAGE. Council Member Adolph suggested the possibility of programming the traffic signals on Calle Tampico at Avenida Bermudas and at Desert Club to change to flashing red lights after 9:00 p.m. so people don't have to sit at red lights for long periods of time when there's no cross traffic. Council Member Perkins noted the State does not change their traffic signals because of the safety hazard. He further noted if a traffic signal is properly synchronized, the light will remain green for traffic on the major street until cross traffic approaches the intersection. City Council Minutes 26 March 19, 2002 Interim Public Works Director Stephenson stated staff will look at adjusting the timing on the traffic signals. Council Member Perkins spoke regarding the traffic problems during the Arts Festival and the need to lengthen the left-turn lane. He stated he would support a traffic study and working with the Arts Foundation and the Church since it will benefit them both. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California