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2003 11 04 CC Minutes LA QUINTA CITY COUNCIL MINUTES NOVEMBER 4, 2003 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION City Attorney Jenson advised the Government Code Section in Item No. 1 should be changed from 54956.6(a) to 54956.9(a). Mayor Adolph noted Item No. 2 should be removed from the agenda. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a), Coachella Valley Water District v. City of La Ouinta, Riverside County Superior Court Case No. INC0010827. 2. Conference with legal counsel pursuant to Go. vernment Code Section 54957, public employee discipline/dismissal/release. 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 Adolph led the audience in the Pledge of Allegiance. City Council Minutes 2 November 4, 2003 PUBLIC COMMENT Diane Glanz, 78-371 Highway 111, President of La Quinta Chamber of Commerce, commented on the changes to the newsletter, and talked about their new Business Education Support & Training (BEST) program. Stu Bailey, 51-889 Avenida Montezuma, of American Red Cross, commented on the local agency's financial difficulties due to a reduction in donations, and stated they are asking valley jurisdictions to match the $25,000 donation made by the City of Palm Desert. He indicated the lease on their current facilities is $5,000/month, and they are trying to sublease it in order to find a less expensive office. When asked what happened to the September 11th surplus, he stated there was no surplus as has been reported in the press. John Miller, President of the Lake La Quinta Homeowners Association, spoke regarding Written Correspondence Item No. 1 and asked the City to look into the matter. He stated the six-foot-high wall was supposed to be built on top of a berm but is now proposed to be built at curb level, and he wants to know who will be responsible for replacing the landscaping that was removed. Council Member Sniff suggested this matter be referred to staff for a report back to Council. Bill Hatchett, 78-975 Dulce Del Mar, spoke to the same issue, and noted the height of the building pads will make the six-foot-high wall look like three feet. He suggested adding two more feet to the wall height if the wall can't be built on a berm. He noted that would benefit the developments on both sides of the wall. Chuck Sindelar commented on the same issue, and agreed a higher wall is needed or the wall should be built on a berm. Dutch Dilsaver, 78-835 Dulce Del Mar, distributed photos with a line drawn showing how an additional two feet of wall height will benefit both developments. He noted there is also a discrepancy on the location of the property line where the wall will be built. He stated the developer doesn't want to put in a berm but has indicated they can add two feet to the height of the wall. CONFIRMATION OF AGENDA - Confirmed City Council Minutes 3 November 4, 2003 ANNOUNCEMENTS - None PRESENTATIONS .- None WRITTEN CORRESPONDENCE 1. CORRESPONDENCE FROM WILLIAM MORROW, THE QUARRY AT LA QUINTA. Council concurred to refer this matter to staff for a report back to Council within two weeks. 2. CORRESPONDENCE FROM THE HARVEST OF WELLNESS (H.O.W.) FOUNDATION. Council concurred to receive and file the letter, and to direct staff to notify the organization of the City's grant application process. 3. CORRESPONDENCE FROM THE LAKE LA QUINTA HOMEOWNERS ASSOCIATION. Council concurred to refer this matter to staff for a prompt report back to Council. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of September 30, 2003, as submitted. Motion carried · unanimously. MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of October 21, 2003, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of October 24, 2003, as submitted. Motion carried unanimously. City Council Minutes 4 November 4, 2003 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 4, 2003. 2. ACCEPTANCE OF THE DESERT DOLMAN ART FEATURE. 3. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLTZ DESIGN FOR THE INTERACTIVE WATER FEATURE AT THE LA QUINTA PARK, AND AN APPROPRIATION OF $15,000 FROM QUIMBY FUNDS. 4. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON FEBRUARY 11, APRIL 7, JUNE 16, AUGUST 11, OCTOBER 6, AND DECEMBER 1, 2004, 8:00 A.M. TO 7:00 P.M. 5. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 24197-3, MONTICELLO, CENTURY HOMES, LLC. 6. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE FISCAL YEAR 2003/2004 MISCELLANEOUS STREET IMPROVEMENTS PROJECT NO. 2003-07. 7. APPROVAL OF FISCAL YEAR 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) ADVISORY BOARD'S RECOMMENDATION FOR EXPENDITURE OF GRANT FUNDS. 8. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 30651 - QUARRY RANCH, QUARRY RANCH LLC. 9. APPROVAL OF PURCHASE OF THE SOFTWARE LICENSES AND RELATED IMPLEMENTATION COSTS FOR PHASE II OF THE HTE INC. INSTALLATION AS ADDENDUM TO CURRENT CONTRACT DOCUMENTS. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO. 2003-100. City Council Minutes 5 November 4, 2003 BUSINESS SESSION 1. CONSIDERATION OF A MODIFICATION TO THE OPERATING AND USE AGREEMENT WITH THE LA QUINTA HISTORICAL SOCIETY TO OPERATE THE LA QUINTA MUSEUM. Mayor Adolph noted this~ matter has been placed on the Redevelopment Agency agenda, and no City Council action is required. ,, 2. CONSIDERATION OF ADOPTION OF THE COACHELLA VALLEY MODEL DUST CONTROL ORDINANCE, COACHELLA VALLEY DUST CONTROL HANDBOOK AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH SOUTH COAST AIR QUALITY MA~NAGEMENT DISTRICT. Public Works Director Jonasson presented the staff report, and recommended a conceptual adoption of the ordinance at this time until the ordinance is put into the City's formal ordinance language. Council Member Perkins stated he thinks the ordinance is a good idea but questioned how the City can respond when the wind blows dust on the weekends from large construction sites that have been graded. , Mr. Jonasson stated projects must have a PM10 plan in place before work starts and enforcement will be stepped up to make sure. that happens. He noted winds over 25 mph are inevitable and in that case projects are expected to do the best they can. Senior Engineer Freeland stated developments are asked to stay on top of the isSue so dust can be better controlled when higher winds happen. Council Member Perkins asked how effective the City can be in enforcing the dust ordinance. Mr. Jonasson stated the ability for City inspectors to issue citations is a fairly strong incentive on developers to follow their PM10 plan. It is recognized that in high-wind situations, there is not much anyone can do to stop the dust from blowing. Mr. Freeland stated the developers have to demonstrate, in their PM10 plan, the ability to manage the portion of land they have graded. City Council Minutes 6 November 4, 2003 In response to Council Member Perkins, Mr. Freeland stated developers can obtain wind advisory information each day at the Public Works Department counter or by calling SCAQMD. He added developers have a responsibility to manage the dust in high-wind situations even though they may not be cited. Mr. Jonasson advised the City is looking for locations to install two weather stations within the City because wind conditions can change a lot across the valley. In response to Council Member Henderson, Mr. Jonasson stated if residents cannot get through to the contractor's phone number, which is to be manned 24 hours a day, they can call the City whose inspectors are on 24-hour call. Council Member Henderson suggested listing the development's phone numbers on the web page for easy access for residents. She feels blowing sand is an ongoing battle and that this ordinance goes a long way to show there is an effort to fight it. Council Member Sniff noted this is a broad-based effort to put cities in a good position to deal with the EPA for several years. If the cities do not make a good faith effort in addressing the PM10 problem, the EPA will take over and determine development in the Valley. He voiced disappointment that the ordinance isn't in proper form to adopt and suggested a continuance for two weeks so that can be done. City Attorney Jenson advised the Council can move forward with the MOU approval or continue it along with the ordinance. Council Member Sniff indicated he prefers dealing with it all at one time. In response to Council Member Osborne, Mr. Jonasson advised the 5,000 sq. ft lot exemption is a typical EPA minimum lot size for disturbed areas and about the size of the lots in the Cove. In response to Mayor Adolph, Mr. Jonasson stated when sand is coming from property that is currently not being developed, a location should be sufficient information to report the incident. Mayor Adolph noted staff needs to be prePared to handle such inquiries from residents. City Council Minutes 7 November 4, 2003 MOTION - It was moved by Council Members Sniff/Osborne to continue consideration of the Coachella Valley Model Dust Control Ordinance to November 18, 2003. In response to Council Member Henderson, Mr. Jonasson confirmed approval of the MOU by the next Council meeting should be sufficient for CVAG. Motion carried unanimously. MINUTE ORDER NO. 2003-101. 3. CONSIDERATION OF A FUNDING REQUEST FROM THE ADVISORY COUNCIL ON AGING. Community Services Director Horvitz presented the staff report. She noted the funding request was for this year's workshop, which was held last week, and advised the group has asked that the funding request be considered as seed money for next year's workshop. Council Member Henderson noted the group can apply for a grant under next year's budget. ,,--- Council Member Sniff stated he feels that is appropriate but would also i support a modest amount of $500 this year. Council Member Osborne concurred with notifying the group that they can apply next year. Mark Moran, representing the Advisory Council on Aging, commented on the success of this year's conference. He indicated they probably would not apply for a grant next year but might ask the City to be a part of the affordable housing conference, which will be held in the Valley. Council Member Henderson.questioned why they wouldn't apply for a grant next year, and Mr. Moran indicated the County offices are short staffed. Council Member Perkins stated he feels it would be a mistake to give them a grant now as seed money for next year because it would open the door to others. · No action was taken. City Council Minutes 8 November 4, 2003 4. CONSIDERATION OF A REQUEST FOR PROPOSALS FOR GOLF COURSE OPERATOR FOR SlLVERROCK RANCH. Acting City Manager Weiss presented the staff report. In response to Council Member Henderson, Consultant Roy Stephenson stated a five-year contract is typical in the industry. He stated the golf course operator will work in concert with the marketing firm during construction to solicit corporate outings and events but the golf course operator will actually book the events. He stated the marketing firm contract is in effect through the grand opening, and the golf course operator is expected to have a marketing arm within their company to market the golf course tournaments, corporate events, etc. Also anticipate extending the contract with the marketing firm or a new firm for additional marketing efforts for Phase II and other aspects of the project. Council Member Henderson commented she feels there should be a clear' understanding during contract negotiations just what is meant as it relates to marketing. Mr. Stephenson responded it will be discussed at the mandatory pre-proposal meeting on November 19th so the firms can address in their proposals how they will coordinate the marketing efforts with the marketing firm. He went on to confirm the golf course operator will contract for utilities as part of their operating budget. He further confirmed eight tee time reservations per hour is typical but it can be negotiated as the Agency desires. In response to Council Member Henderson, Public Works Director Jonasson advised CVAG and SCAQMD have put together a recommendation for the scalping process used on golf courses but it's not part of the Dust Control Ordinance. Council Member Henderson stated she would like for the City to be a leader in this area as long as it doesn't jeopardize the project. In response to Council Member Osborne, Mr. Stephenson confirmed the operating cost budget will be prepared in concert with staff and presented to the Council for approval. As for the level of maintenance, he stated there Will be very stringent requirements and checklists to follow on a monthly basis at the very least. He added the requirements will be for a very high- quality golf course. In response to Mayor Adolph, Mr. Stephenson confirmed this RFP includes a few additions to the basic RFP such as a mandatory pre-proposal meeting, °o - City Council Minutes 9 November 4, 2003 familiarity with IRS regulations, and it is longer. He added this is probably the most important and comprehensive contract the City will ever enter because the golf course operator is the company that is going to make sure the project meets the City's vision. Council Member Sniff voiced concern about the Consultant Selection Committee not including any Agency Members. MOTION - It was moved by Council Members Osborne/Henderson to authorize the distribution of Requests for Proposals (RFP) for Golf. Course Management Services (Operator). Motion carried unanimously. MINUTE ORDER NO. 2003-102. MOTION - It was moved by Council Members Osborne/Henderson to approve the Consultant Selection Committee for Golf Course Management Services (Operator) as recommended by staff (Assistant City Manager, Public Works Director, Community Development Director, Development Coordinator, and Redevelopment Consultant). Motion carried with Mayor Adolph and Council Member Sniff voting NO. MINUTE ORDER NO. 2003-103. ! 5. SECOND READING OF ORDINANCE ORDINANCE NO. 390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, . CALIFORNIA, AMENDING THE CONTRACT BETWEEN THE CITY 4COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 390 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff Mayor Adolph NOES: None ABSTAIN' None ABSENT: None 'STUDY SESSION - None City Council Minutes 10 November 4, 2003 REPORTS AND INFORMATIONAL ITEMS CVAG Executive Committee -- Mayor Adolph reported the Committee approved a resolution for a State ballot initiative requiring voter approval for the State to take local tax funds. He stated he also accepted a plaque on behalf of the City from the Prestige Golf Tournament expressing their appreciation of the City's donation. All other reports were noted and filed. DEPARTMENT REPORTS City Attorney Jenson advised she plans to decline a request to comment on a draft copy of the Joint Powers Agreement for the Home Purchase Finance Authority unless the Council wants to formally consider it. After a brief discussion, Council concurred that the City Attorney should decline to comment on the document. 5-A. REPORT ON ANNEXATION EFFORTS BY RESIDENTS OWNING PROPERTY EAST OF MONROE STREET, NORTH OF AIRPORT BOULEVARD, AND WEST OF VAN BUREN STREET. Community Development Director Herman reviewed a map showing the area the City of Coachella is discussing-annexing, and noted by the colors, on the map that the majority of the property owners prefer being annexed into La Quinta. He then reviewed Coachella's sphere of influence. Council Member asked what latitude the property owners have. Council Member Henderson noted a property owner(s) can petition to be removed from a sphere of influence but faces the same political complications that cities face. The property owner should first meet with Coachella then find out if La Quinta has any interest. Since all of the area is in a County redevelopment area, there is no tax increment benefit. She stated LAFCO at one time did not support "piecemeal" annexations but there seems to be realization now that most annexations are "piecemeal." She indicated Coachella can move forward with the annexation because it is in their sphere of influence and they do not have to wait for municipal service reviews, whereas La Quinta would have to do municipal service reviews. Prior to that, La Quinta would have to discuss the annexation with Coachella City Council Minutes 11 November 4, 2003 t° determine if there is any bargaining and if the annexation is worth doing. She understands Coachella sees Jackson Street as a likely boundary, and that they are looking into the annexation at the request of residents in the area as opposed to doing a "land grab." She recommended a committee of two Council Members and appropriate staff meet with two Council Members and staff from Coachella. She is not opposed to meeting with residents but feels it may be appropriate to meet with the City of Coachella first, and is willing to be on the committee. In response to Mayor Adolph, Mr. Herman confirmed the majority of the letters received are in support of annexing to La Quinta. Ken Yoshitomi, P. O. Box 25, Ranch° Mirage, of The Devon Group, indicated he owns 60 acres at Jackson Street and Avenue 55, and would prefer to be in La Quinta's sphere of influence. Council Member Sniff volunteered to serve on the committee. Council concurred to direct staff to put this matter on the next City Council agenda for consideration. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING HUMANITARIAN SUPPORT IN THE AMOUNT OF $5,~000 FOR VICTIMS OF THE RECENT FIRES IN SOUTHERN CALIFORNIA VIA A DONATION TO THE AMERICAN RED CROSS. Council Member Osborne asked Council to consider a donation of at least $5,000 for the fire disaster relief fund. Council Member Sniff suggested placing it on the next agenda for support and not necessarily limiting it to the American Red Cross. Council Member Perkins stated he would like to see a larger amount. After a brief discussion, Council concurred to direct staff to place this matter on the next City Council agenda. City Council Minutes 12 November 4, 2003 2. DISCUSSION REGARDING DRIVE-THROUGH BUSINESSES AND THE DOWNTOWN SIGN PROGRAM IN THE VILLAGE. Council Member Henderson requested two issues recently discussed at the Planning Commission either be considered by the City Council or sent back to the Planning Commission for a more comprehensive review. She noted that in response to an inquiry, the Planning Commission indicated carwashes are not an allowable use in the Village nor is there a guarantee drive-through restaurants would be allowed. She noted a number of families live in the Cove that may find a carwash or other uses in that area useful. She doesn't necessarily support a carwash in the Village but feels the City should provide a more comprehensive answer to the inquiry because the Village guidelines include drive-through establishments. She noted the person making the inquiry is looking for some indication of what can be done on the property before he purchases it. Mr. Herman explained he referred the inquiry about a self-service car wash to the Planning Commission, and the Planning Commission indicated they do not want a car wash in the Village. He stated drive-through restaurants are subject to a Village Use Permit. Council Member Henderson commented she believes the Old Town project will do a lot for the Village but noted the overall Village and uses can't be forgotten. She added she would still like to see a gas station in the Village. City Attorney Jenson noted there is a "catch all" in the Code that states "the permitted uses in the Village area do not preclude other similar uses which are compatible with the specifically-identified uses and otherwise meet the criteria for Village Use Permits." If the Council wishes, she advised it would be appropriate for the Council to call up the Planning Commission's interpretation and make a re-determination or consider a new scope of the "catch all" or modify the provisions to clarify it. After a brief discussion, Council concurred to direct staff to bring the matter back for discussion as a study session item. Council Member Henderson indicated the second issue deals with the downtown sign program. Mr. Herman explained under the City's agreement with the Chamber of Commerce for the sign program, the Planning Commission sets the design and lettering of the sign program. Wells Marvin wants to use old style lettering but the Planning Commission wants to keep the lettering uniform. City Council Minutes 13 November 4, 2003 He advised the Chamber has been asked to repair the four signs and to keep the lettering uniform, including only one line of lettering on each panel. Council Member Henderson noted the City supported the sign program because it doesn't allow off-site signs, and she feels it may be time to consider some changes. Mr. Herman confirmed the Planning Commission allowed Mr. Marvin to put "OLD TOWN" on the sign but not in the lettering he requested. , In response to Mayor Adolph, Mr. Herman stated changing the sign program would require a public hearing since it is part of the Zoning Code. He noted Mr. Marvin has the right to appeal the decision or the City Council can, within 1 5 days of the decision, request it be placed on a future agenda'. There was consensus to direct staff to place this matter on a future agenda. Acting City Manager Weiss advised staff will review the regulations and report during the evening session if a specific action is required to place the matter on a future agenda. (See Page 17.) Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed end to and until 7:00 P.M. 7:00 P.M. Council reconvened with Mayor Adolph absent. PUBLIC COMMENT- None PRESENTATIONS - None PUBLIC HIEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ~ FOR ENVIRONMENTAL ASSESSMENT 2002-462, DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062, AND City Council Minutes 14 November 4, 2003 DEVELOPMENT PLANS FOR SITE DEVELOPMENT PERMIT 2002-754, SUBJECT TO FINDINGS AND CONDITIONS OF APPROVAL TO ALLOW A COMMERCIAL SHOPPING CENTER ON A 10.7-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: JEFFERSON-WARING, LLC. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:03 p.m. Planning Manager Orci and Associate Planner Maga~a presented the staff report. Mr. Orci stated staff recommends Condition No. 64 of the Site Development Permit be changed to read, "The applicant shall comply with the California Building Code, 2001 edition (CBC)." In response to Council Member Perkins, Mr. Maga~a confirmed the two entrances nearest the intersection will be right-in, right-out only. He stated Indio has requested the south entrance on Jefferson Street be restricted to right-in, right-out, left-in with,.no left-out turns allowed so the property to the east, which is in Indio, will have access. It also allows for a turn pocket for the other entrance on Jefferson Street. Vehicles wanting to go north on Jefferson Street would have to exit on Fred Waring Drive or make a u-turn at Miles Avenue Public Works Director Jonasson stated the southerly exit on Jefferson Street is too close to the intersection to allow a full-turn movement. In response to Council Member Henderson, Mr. Jonasson confirmed the City of Indio wants the ability for a left-turn into the property across the street but it will not be signalized. Mr. Orci stated the left-turn restriction is part of a design agreement for Jefferson Street. In response to Council Member Henderson, Mr. Maga~a confirmed the applicant has agreed to move the loading docks to the north side of the building, which will provide a turn-around area for delivery trucks. Council Member Henderson voiced safety concerns about the Planning Commission's request for a gate into the residential/park area, and commented on the lack of direct access to the gas station. Mr. Jonasson noted moving the driveway easterly on Fred Waring Drive would change the circulation for the parking lot. City Council Minutes 15 November 4, 2003 Council Member Henderson asked about the possibility of Opening the ? driveway at Jefferson Street to allow vehicles direct access to the gas ; station. Mr. Orci advised the Code sets a minimum throat length leading into parking lots, and opening the throat could create a stacking problem. She questioned the current configuration having any benefit to the gas station. Council Member Perkins stated he feels the layout is poor, and he cannot support it from a traffic standpoint. In response to Council Member Osborne, Community Development Director Herman explained a left-out movement at the westerly driveway on Fred Waring Drive would conflict with residential driveways across the street. Council Member Osborne Pointed out anyone accessing the shopping center from the west will have to make a u-turn at Jefferson Street and Fred Waring Drive to return' west. He asked if there will be deceleration lanes on Jefferson Street. Mr. Jonasson stated there will not be deceleration lanes but there will be a dedicated right-turn lane on Jefferson Street, and the ultimate width of the outside lane will be 17-20 feet. He stated the City has no policy for ~--- deceleration lanes and they are determined on a case-by-case basis. Mr. Maga~a stated the project will be conditioned to work with staff on improvements to the west and south facades of the buildings, and at a minimum, provide stone veneer to the facades. Mayor Pro Tern Sniff shared Council Member Henderson's concern about having, a gate into the residential/park area. As for the gas station, he suggested the possibility of moving it to the west or south to make it more accessible. Council Member Perkins noted the issue of deceleration lanes has been discussed several times, and he hoPes staff will take that into consideration when future projects are submitted. He agreed with the possibility of moving the gas station to the south. Council Member Henderson stated she is not sure moving the gas station as suggested would provide any better access. She asked about the project's parking space requirements, to which Mr. Maga~a responded the project has only three parking spaces over the minimum requirement. A brief discussion ensued as to the viability of a gas station at that location. City Council Minutes 16 November 4, 2003 Mayor Pro Tem Sniff stated he feels there is a viable basis for having a gas station, provided a suitable location within the development can be found. Keith Gregori, 75-150 Sheryl Avenue Suite C, Palm Desert, representing Dudek & Associates, stated their initial design was similar to Council's discussion but was changed because of regulations. However, the developer feels the current layout is marketable, including the gas station. He understood part of the reason for restricting the. left-out movement was to eliminate the future need for traffic signals. He stated they are in agreement with moving the loading dock to the opposite side of the market to reduce noise near the residential area, and he agrees with the safety concerns for having a gate into the residential/park area. He stated a deceleration lane would reduce the driveway length requirement but would mean dedicating more land to the City and result in a reduction of parking spaces and build- able area. He indicated a deceleration lane within the 20-foot setback area might be more feasible. He also noted the 8-foot wide bicycle lane and 13 or 14-foot wide outside lane will provide sufficient space to use as a deceleration lane. In response to Council Member Perkins, Mr. Gregori confirmed a curb cut-out will be provided for the bus turnout as required by SunLine. Mr. Gregori referenced the comment about the west and south sides of the buildings, and stated he understood stone was to be added to the fronts for more detail and that the back of the buildings would be given a little more detail to create more visual appeal. He noted very little of the back of the buildings will be seen over the six-foot high block wall on top of a two-foot high berm. He commented on the success of the gas station being located at the corner and suggested a right-in only access off of Jefferson Street. Mr. Jonasson advised a driveway needs to be 250 feet from the corner to meet General Plan requirements. Mr. Gregori indicated they would be willing to align the driveway on Fred Waring Drive with the driveways across the street in order to have a left-out movement. Mr. Jonasson stated the minimum distance from the intersection for a traffic signal is 1,060 feet. There being no further requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 7:42 p.m. City Council Minutes 17 November 4, 2003 Council Member Osborne commented on the positive aspects of the architecture and design but voiced concerns about the lack of deceleration lanes and a left-out movement on Fred Waring Drive. He does not feel a 20- foot wide lane is sufficient for vehicles to safely slow down and turn into the project. He supports removing the gate into the residential/park area. Council Member Perkins stated he feels it is unsafe not to have a separate lane for vehicles turning right into the project. He voiced disappointment about not having a standard for deceleration lanes such as is provided for the bus turnouts. It does not make sense to him to have restrictive and hazardous traffic movements for such a nice project. He believes the configuration for the gas station will make it difficult for people to access. He stated he cannot support the project with the current traffic problems. Council Member Henderson noted staff works within the guidelines of the General Plan, and if Council wants deceleration lanes, staff should be directed to bring the appropriate document back to Council for consideration 0f change. She stated she would have a hard time denying the project for something that is not currently reqUired, and she does not believe in changing in mid stream. She sees significant difficulties with the location of the gas station and believes people will not use it if it's too challenging to access. She will support the project but believes the developer should revisit the interior layout and offer a straight shot to the gas station from Jefferson Street, even if that means losing some retail square footage. Mayor Pro Tem Sniff stated he feels it is prudent for the developer to come up with a better location for the gas station so it will be more successful. He believes deceleration lanes are valuable but agrees they are not required. Council Member Henderson suggested a continuance to 'give the developer an opportunity to look at these concerns. Council cOncurred. MOTION -' It was moved by Council Members Henderson/Perkins to continue the public hearing for Specific Plan 2002-062 and Site Development Permit 2002-754 (Jefferson-Waring, LLC) tO December 2, 2003. Motion carried unanimously with Mayor Adolph ABSENT. t~T~ O]~O]~]~ t~O. 211!13-:t04. City Council Minutes 18 November 4, 2003 MAYOR AND COUNCIL MEMBERS' ITEMS ........ continued 2. DISCUSSION REGARDING DRIVE-THROUGH BUSINESSES AND THE DOWNTOWN SIGN PROGRAM IN THE VILLAGE. (See Page 1 1 for previous discussion on this matter.) City Attorney Jenson advised the call up review period for this matter will expire prior to the next City Council meeting. In order to add this to the agenda as a business item, a finding must be made that the item arose after posting of the agenda and that action needs to be taken prior to the next City Council meeting. MOTION - It was moved by Council Members Henderson/Perkins to add a business item to the agenda for the purpose of considering calling up a Planning Commission decision regarding the Village Sign Program and noting that the need to take action arose after posting of the agenda and action needs to be taken prior to the next City Council meeting. Motion carried unanimously with Mayor Adolph ABSENT. MINUTE ORDER NO. 2003-105. BUSINESS SESSION .......... continued 6. CONSIDERATION TO CALL UP A PLANNING COMMISSION DECISION REGARDING THE VILLAGE SIGN PROGRAM. MOTION - It was moved by Council Members Henderson/Osborne to call up for review the Planning Commission decision on the Village Sign Program. Motion carried unanimously with Mayor Adolph ABSENT. MINUTE ORDER NO. 2003-106. ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Osborne to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California