Loading...
2006 01 03 CC Minutes LA QUINT A CITY COUNCIL MINUTES JANUARY 3, 2006 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: ABSENT: Council Members Henderson, Osborne, Sniff, Mayor Adolph Perkins PUBLIC COMMENT - None CLOSED SESSION 1. Conference with the City's Real Property Negotiator Thomas P. Genovese, pursuant to Government Code Section 54956.8 concerning potential terms and/or conditions of acquisition and/or disposition of real Property located at the Northwest corner of Calle Tampico and Desert Club Drive. Property Owner/Negotiators: Santa Rosa Plaza, LLC and Embassy Suites La Quinta. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The meeting was reconvened at 3:01p.m. with Council Member Sniff absent due to a sudden illness. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT - Scott Arthur, 43845 Milan Court, spoke regarding Palm Royale Road and asked the members of the City Council to personally visit his backyard to see how the elevation of the road impacts his property. City Council Minutes 2 January 3, 2006 Ian Rhodes, asked if the new wall at his property should be installed prior to the work on the corner entrance in order to prevent damage to his pool. City Manager Genovese advised Mr. Rhodes there will be an agreement in place, prior to commencement of any work on his wall, which will cover indemnity for both parties. Council Member Osborne left the dais during the previous discussion due to the close proximity of the property under discussion to his residence. CONFIRMATION OF THE AGENDA City Manager Genovese advised the City Council that Consent Calendar item number three had been inadvertently left off the printed agenda and asked that it be removed from the Consent Calendar and continued to the meeting of January 17, 2006. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Osborne to approve the City Council Minutes of December 20, 2005, as submitted. Motion carried unanimously with Council Members Perkins and Sniff absent. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 20, 2005. 2. ACCEPTANCE OF A GRANT OF EASEMENT FOR PUBLIC UTILITY PURPOSES AND INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL FROM THE GRIFFIN SADDLECLUB, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ASSOCIATED WITH THE GRIFFIN RANCH DEVELOPMENT, TRACT MAP NO. 32879. --~~.......--.-~ -.--.,- ----- City Council Minutes 3 January 3, 2006 3. DENIAL OF CLAIM FOR DAMAGES FILED BY NORTH AMERICAN ELITE INSURANCE COMPANY - DATE OF LOSS: MAY 25. 2005. Removed from the agenda and continued to the meeting of January 17. 2006. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) 2006 ANNUAL CONFERENCE IN MONTREAL, QUEBEC, CANADA - MAY 7- 10, 2006. 5. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT TO BE HELD JANUARY 16 THROUGH JANUARY 22, 2006 IN THE COACHELLA VALLEY. MOTION - It was moved by Council Members Henderson/Osborne to approve the Consent Calendar, as amended, with the removal of item number three and with item number five being approved by RESOLUTION NO. 2006-001. Motion carried unanimously with Council Members Perkins and Sniff ABSENT. BUSINESS SESSION 1. CONSIDERATION OF AN AGREEMENT TO ENTER INTO A COVENANT TO OPERATE AND TO PAY COMPENSATION BASED ON SALES TAX REVENUE WITH COSTCO WHOLESALE CORPORATION IN CONSIDERATION OF COSTCO'S OPERATION OF A RETAIL SITE IN THE CITY OF LA QUINTA. MOTION: It was moved by Council Members Osborne/Henderson to continue this matter until after the Public Hearing regarding Costco has been completed. The motion was carried with Council Members Perkins and Sniff ABSENT. 10: 24 p.m. - City Attorney Kathy Jenson presented the staff report. MOTION - It was moved by Council Members Henderson/Osborne to approve an agreement to enter into a covenant to operate and pay compensation based on Sales Tax Revenue with Costco Wholesale Corporation in Consideration of Costco's operation of a retail site in the City of La Quinta. Motion carried unanimously with Council Members Perkins and Sniff ABSENT. 2. CONSIDERATION OF CITY COUNCIL REORGANIZATION. The City Council received the staff report which is on-file in the office of the City Clerk. City Council Minutes 4 January 3, 2006 MOTION It was moved by Council Members Henderson/Osborne to elect Mayor Pro Tem Sniff to serve in the capacity of Mayor Pro- Tempore for the year 2006. The motion was unanimously carried with Council Members Perkins and Sniff ABSENT. 3. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE APPOINTMENTS The City Council received the staff report which is on file in the office of the City Clerk. MOTION - It was moved by Council Members Henderson/Osborne to have all appointments continue as they currently stand and directed staff to contact Nancy Doria to ascertain if she still wishes to remain on the Palm Springs International Airport Commission. Motion carried ulÌanimously with Council Members Sniff and Perkins ABSENT. 4. . CONSIDERATION OF INVESTMENT ADVISORY BOARD APPOINTMENTS City Clerk June Greek presented the staff report. She advised that candidates Egbert and Rassi were sent reminder postcards of the interview date. She explained candidate Emmons was not sent a post card due his filing his application late on the day of the deadline for filing and she had personally advised him of the time and date of the interviews. MOTION - It was moved by Council Members Henderson/O.sborne to appoint Gary Egbert and Randy Rassi to fill the terms which are scheduled to expire on June 30, 2006. Motion carried unanimously with Council Members Perkins and Sniff ABSENT. 5. CONSIDERATION OF CITY POLICIES FOR PUBLIC DISPLAY OF ARTWORK AND DONATION OF ARTWORK. City Manager/Acting Community Services Director Genovese presented the staff report. Sondra Burchfield, 79970 Tangelo, spoke in favor of the City accepting the lithograph that had been purchased by a group of friends of the late Claire Pyle. She requested that the artwork be ---- -- ---- City Council Minutes 5 January 3, 2006 placed in the new La Quinta Library in memory of Claire Pyle who had been a reading specialist. Lisa Rosemond - 49-520 Mission Drive West, also spoke in favor of the City accepting the lithograph entitled "Napping in Masai Mara" by Doni Kendig. Council Member Henderson commented that the workings of governmental bodies can sometimes be very confusing. She asked staff if they could research the program for the "Gallery" at the Palm Springs City Hall. She also spoke in favor of having this request dealt with by staff promptly and to complete the policy pertaining to donation of art works for public buildings. Council Member Osborne concurred and suggested that the policy be presented to the Community Services Commission to receive their input. MOTION - It was moved by Council Members Henderson/Osborne to accept the lithograph entitled "Napping in Masai Mara" on behalf of the City and in memory of Claire Pyle. Motion carried unanimously with Council Members Perkins and Sniff ABSENT. 6. SECOND READING OF ORDINANCE ORDINANCE NO. 425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING CHAPTER 9, SECTIONS 9.200.020 - TABLE 9- 23 DISCRETIONARY REVIEW AUTHORITY AND 9.210.010 RELATING TO SITE DEVELOPMENT PERMITS - DECISION MAKING AUTHORITY IN THE CITY OF LA QUINT A MUNICIPAL CODE. CASE NO.: ZONING ORDINANCE AMENDMENT 2005-083. MOTION - It was moved by Council Members Henderson/Osborne to adopt Ordinance No. 425 on second reading. Motion carried as follows: NOES: ABSTAIN: ABSENT: Council Members Henderson, Osborne, Mayor Adolph None None Sniff, Perkins AYES: City Council Minutes 6 January 3, 2006 STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS 1 . League of California Cities - Council Member Henderson reported the next General League meeting will be held in Murrieta, on Monday, January 9, 2006 and the City Select Committee will also meet just prior to that meeting. 2. Palm Springs Resorts Convention and Visitors Authority - Council Member Henderson reported the First meeting of the new year will be held on Wednesday, January 18, 2006, and that she has been elected to serve as its chairperson. 3. Palm Springs International Airport Commission - Council Member Henderson suggested staff contact the City's representative Nancy Doria to determine if she still wishes to serve on this Commission. She also suggested Ms. Doria be invited to a City Council meeting to make an annual report. 4. San Jacinto/Santa Rosa National Monument Advisory Committee Council Member Henderson reported there will not be a meeting of this committee until March 4, 2006. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS By unanimous concurrence, the City Council received and filed all written reports. MAYOR AND COUNCIL MEMBERS' ITEMS - Mayor Adolph stated he would like to have staff look into the City's Animal Control Ordinance as it relates to the new State legislation on this subject. Mayor Adolph also asked staff to look into the security lighting at the new development on the northwest corner of Avenue 52 and Jefferson Street, adjacent to the traffic circle, for compliance with the La Quinta's Dark Sky Ordinance. --- ------ -- -- City Council Minutes 7 January 3, 2006 RECESS: The City Council recessed to the Redevelopment Agency meeting at 3:56 P.M. Council reconvened and recessed to and until the hour of 7:00 P.M. 7:00 P.M. The meeting was reconvened at 7:00 p.m. with Council Member Sniff rejoining the meeting and Council Member Perkins ABSENT. PUBLIC COMMENT - None PRESENTATIONS Queen Scheherazade and her Court, representing the International Date Festival introduced themselves and issued an invitation to the City Council and the audience to attend the festival. PUBLIC HEARINGS 1. PUBLIC HEARING TO 1) CERTIFY AN ENVIRONMENTAL IMPACT REPORT, ADOPTION OF FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTION OF STATEMENT OF OVERRIDING CONSIDERATION, ADOPTION OF A MITIGATION MONITORING PROGRAM FOR AN ENVIRONMENTAL IMPACT REPORT; 2) SPECIFIC PLAN CREATING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 26.53 ACRE COMMERCIAL CENTER CONSISTING OF 233,439 SQUARE FEET OF RETAIL, OFFICE AND RESTAURANT BUILDINGS; AND 24-FOOT HIGH BUILDINGS IN THE HIGHWAY 111 IMAGE CORRIDOR AND A 37-FOOT HIGH BUILDING IN A COMMERCIAL PARK ZONE; 3) CONDITIONAL USE PERMIT FOR CERTAIN USES, INCLUDING A STORE OVER 50,000 SQUARE FEET IN A COMMERCIAL ZONE, A FUELING STATION, AND A TIRE INSTALLATION FACILITY; 4) SITE DEVELOPMENT PERMIT CONTAINING DEVELOPMENT PLANS FOR CONSTRUCTION OF A 149,739 SQUARE FOOT COSTCO WHOLESALE STORE AND A FOUR-BAY FUELING STATION; AND 5) A SUBDIVISION OF ± 26.53 ACRES OF LAND INTO FOUR COMMERCIAL LOTS FOR THE PROPERTY LOCATED SOUTH OF HIGHWAY 111 AND DEPOT DRIVE, APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS. City Council Minutes 8 January 3, 2006 The staff report was introduced by Planning Manager Les Johnson and was presented by Principal Planner Fred Baker. Les Johnson then presented the Environmental aspects of the project. He stated the City of La Ouinta did submit and circulate a Notice of Preparation of the draft EIR for a mandatory 30-day public review period. The review period began on August 5, 2005 and ended September 7, 2005. Upon request from the City of Indio, the City of La Ouinta accepted late comments from the City of Indio on September 19, 2005. The City of Indio's comments focused on traffic issues and the City of Indio did not provide a list of recently or reasonably foreseeable projects in Indio to address cumulative impacts or request the Project description be modified to include projects within Indio. Planning Manager Johnson said a Notice of Availability for the draft EIR was published in the Desert Sun newspaper and posted with the Riverside County Clerk October 26, 2005. The Notice of Preparation was mailed by the State Office of Planning and Research on August 10, 2005. A Notice of Completion of the Draft EIR was also posted at the State Clearinghouse. The cases were published on December 12, 2005 in the Desert Sun and all property owners within 500 feet of the affected area were mailed a copy of the public notice. In closing he stated a Draft Environmental Impact Report (DEIR) has been prepared consistent with the CEOA requirements and the State CEOA guidelines. Contract Traffic Engineer Del Huntington addressed the traffic impacts of this project and he and Public Works Director/City Engineer Tim Jonasson addressed the points contained in the letter from Tom Brohard. Mr. Huntington respectfully disagreed with Mr. Brohard's calculations, stating the goal was to make sure the plan worked in the year 2020. He also said use of a factor of two and a half percent (2 % %) for growth is consistent with public agency practice. City Attorney Kathy Jenson addressed the responses to the letter, received shortly before the beginning of this meeting, from the City of Indio (Exhibit A, contained in the agenda packet on file in the office of the City Clerk). She asked Mr. Huntington to explain why the 2005 current traffic numbers are used when the project is not expected to produce any traffic until after the opening of the Costco store. City Council Minutes 9 January 3, 2006 Mr. Huntington replied the traffic impact numbers used in the EIR were "worst case" estimates and stated La Quinta also disclosed significant impacts in 2006, until the Highway 111 project is completed between Adams and Jefferson. Public Works Director/City Engineer Tim Jonasson, distributed copies of a memorandum received from Nazir Lalani, who is the Contract City Traffic Engineer for La Ouinta. Mr. Lalani stated that the comments provided by the City of La Ouinta in response to the letter dated December 6, 2005 from the City of Indio were appropriate, correct in his opinion, and reflected practices consistent with other public agencies. Mayor Adolph opened the Public Hearing at 8:11 p.m. Peter Clement, 17300 Redhill Avenue, Irvine, CA spoke on behalf of Costco and pointed out the benefits a Costco Store brings to a community. He summarized the overall project and introduced the Project Architect Jeff Wilson. Mr. Wilson highlighted the various materials and treatments to be used. He stated the parapets are high enough to screen all of the roof top equipment from all sides. He described the use of the faux stone and where bump-outs are featured. He also described a separate trellis treatment to be used on the north elevation. Council Member Henderson expressed some concern regarding the lack of significant difference in the various heights which she felt might not be very apparent with the store setback so far from the street. Council Member Sniff asked if the Costco Store is to be built using tilt- up concrete construction and what the interior height will be. Mr. Wilson responded that this building will be constructed of CMU block. He also advised the interior height will be 22 feet to the bottom of the trusses. Council Member Osborne expressed concern with the width of the ingress and egress locations and the location of the loading operation as it affects the overall traffic circulation. Mayor Adolph asked if the City standards will be met with regard to the caliper of the tree trunks in both the landscaped areas and the City Council Minutes 10 January 3, 2006 parking lot. Principal Planner Baker responded that they will meet or exceed the highest standard. Mr. Clement introduced the Landscape Designer for the project, Brad Monahan, to make a presentation and respond to any questions the Council might have. Mr. Monahan gave an overview of the landscape plan and discussed the type of irrigation that will be used. In response to Council Member Sniff, Mr. Monahan said the trees chosen for the parking lot are shade trees such as Chinese Pistache and Chinese Evergreen Elm. He said these trees form basically a round top and are good for the shade requirements in a parking lot. RECESS: The Mayor declared a recess at 9:32 p.m. RECONVENE: The Mayor called the meeting back to order at 9:43 p.m. Brad Hogan of Woodruff, Spradlin and Smart, City Attorney for the City of Indio, addressed the, City Council and stated basically the City of Indio feels the EIR is inadequate under CEOA. They argue that the owner Komar, owns two parcels; one directly east, and one that adjoins the property on the south of the property under consideration. It is their contention that under the terms of CEOA the development on these two parcels needs to be considered as a whole with this project. He quoted several legal cites dealing with "piece-meals" e.g., Rio Vista Farm Bureau Center v. County of Solano and Arviv Enterprises Inc. v. South Valley Area Planning Commission. Tom Brohard, Traffic Engineer of Indio addressed the traffic analysis included in the EIR and stated the 2020 analysis of Jefferson is incorrect. He said all of the estimates are based on the "fatally flawed" traffic volume estimates for Highway 111 and Jefferson taken April 19, and 20, 2005. There being no further requests to speak Mayor Adolph closed the public hearing at 10:02 p.m. Council Member Henderson said it is her understanding the City of Indio applied for and was awarded Measure A funds for Highway 111 at the time the cities of Indian Wells and La Ouinta went through the Measure A funding process for Highway 111 improvements. Therefore, the funds should be available for any upgrades or improvements the City of Indio might make in the future. City Council Minutes 11 January 3, 2006 RESOLUTION NO. 2006-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT 2005-543 (STATE CLEARINGHOUSE #2005081060) PREPARED FOR SPECIFIC PLAN 2005-075; CONDITIONAL USE PERMIT 2005-092; TENTATIVE PARCEL MAP 33960, AND SITE DEVELOPMENT PERMIT 2005-833 AS BEING ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. CASE NO.: ENVIRONMENTAL IMPACT REPORT 2005-543 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2006-002 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. RESOLUTION NO. 2006-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A 26.53 ACRE COMMERCIAL DEVELOPMENT. CASE NO.: SPECIFIC PLAN 2005-075 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-004 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. City Council Minutes 12 January 3, 2006 RESOLUTION NO. 2006-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING USES FOR A FUELING FACILITY, TIRE INSTALLATION FACILITY AND A RETAIL USE OVER 50,000 SQUARE FEET IN A COMMERCIAL PARK ZONE. CASE NO.: CONDITIONAL USE PERMIT 2005-092 APPLICANT: COSTCO WHOLESALE It was moved by Council Members Osborne/Sniff to adopt Resolution No. 2006-004 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. RESOLUTION 2005-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA APPROVING THE SUBDIVISION OF ± 26.53 ACRES INTO FOUR COMMERCIAL LOTS. CASE NO.: TENTATIVE PARCEL MAP 33960 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-005 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. RESOLUTION 2005-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA APPROVING A RETAIL STORE CONSISTING OF 149,739 SQUARE FEET AND A FOUR BAY FUELING STATION. CASE NO.: SITE DEVELOPMENT PERMIT 2005-833 APPLICANT: COSTCO WHOLESALE It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-006 as submitted. Motion carried unanimously with Council Member Perkins ABSENT -_..... -'-'- ..-'-.-.--..'-.- ~--_._-_...- City Council Minutes 13 January 3, 2006 ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, ~ / .~ C, ~~.~:~ JUNE S. GREEK, City Clerk City of La Quinta, California