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1996 07 02 CC Minutes, LA QUINTA CITY COUNCIL MINUTES July 2,1996 Regular meeting of the La Quinta City Council of July 2, 1996 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins Sniff, Mayor Holt ABSENT: None PUBLIC COMMENT Mr. Robert Tyler, 44-21 5 Villeta Drive, expressed appreciation to the Council and staff for the opening of Adams Street from Miles Avenue to Highway 111. CONFIRMATION OF AGENDA Confirmed Council Member Henderson asked that Consent Calendar Item No. 7 be moved to Business Session Item No. 9 for discussion. Council Member Adolph asked that Consent Calendar Item No. 3 be moved? to Business Session Item No. 10 due to a conflict of interest. Council Member Perkins asked to add a presentation item to the agenda. MOTION It was moved by Council Members Sniff/Henderson to move Consent Calendar Item No.7 Approval of Contract Services Agreement with the La Quinta Chamber of Commerce for FY 1996/97) to Business Session Item No. 9, move Consent Calendar Item No. 3 Approval of Improvement Agreement for La Quinta Village Apartments Plot Plan 96-571 USA Properties Fund) to Business Session Item No. 10, and add a Presentation Item to the agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 3, 1996 as submitted. Motion carried with Council Member Perkins ABSTAINING. MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of June 18, 20, and 25, 1996 as submitted. Motion carried unanimously. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 2 July 2, 1996 ANNOUNCEMENTS None PRESENTATIONS Council Member Perkins presented the Jim Battin Award plaque to Roger Hirdler on behalf of the Coachella Valley Communications Committee and Emergency Managers Association for outstanding and dedicated service in emergency preparedness. * * * * * * * * * * * * * Mr. Tom Cullinan, 73-385 Juniper, Palm Desert, representing Rancho La Quinta Country Club, advised that Rancho La Quinta will be hosting the Skins Games for the next three years and that they have been given four minutes of telecast time to sell to various public agencies for promotion. He presented a marketing video used by the City of Palm Desert during previous Skins Games held at the Bighorn Country Club and suggested that La Quinta consider using a similar two-minute video during the upcoming Thanksgiving Holiday telecast of the Skins Game to market the City's economic development opportunities. Council Member Sniff felt that the proposal has promise and should be referred to staff for evaluation and recommendation to Council. Council concurred. Mr. Genovese, City Manager, advised that this matter would be agendized for the August 6, 1996 agenda. WRITTEN CORRESPONDENCE 1. LETTER FROM LA QUINTA CHAMBER OF COMMERCE REGARDING BOGAN VILLAS. Noted and filed. 2. LETTER FROM MONTERO ESTATES FAIRWAY HOMEOWNERS REGARDING SOUND WALL ALONG WASHINGTON STREET. Noted and filed. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 3 July 2, 1996 BUSINESS SESSION 1. INTERVIEW OF APPLICANTS FOR PLANNING COMMISSION AND INVESTMENT ADVISORY BOARD AND CONSIDERATION OF APPOINTMENTS. Council Member Adolph was anxious to get an interview process established for utilization in future appointments. Council Member Sniff advised that the Council has had a process in place for a number of years that he felt was very workable, but since there has been some deviation from that process, he agreed that the Council should look at establishing a set procedure. In response to Mayor Holt, Mr. Genovese, City Manager, advised that this matter would be agendized for a future me?ting. INVESTMENT ADVISORY BOARD Council proceeded to interview the following applicants for the Investment Advisory Board: Robert Frame Fred Mosher Diana Brown and Bruce Sales were previously interviewed on June 18, 1996.) VOTING: Ballot No.1: Mayor Holt voted for Diana Brown, Robert Frame, and Bruce Sales. Council Member Adolph voted for Diana Brown, Robert Frame, and Fred Mosher Council Member Henderson voted for Diana Brown, Robert Frame, and Bruce Sales. Council Member Perkins voted for Diana Brown, Robert Frame, and Bruce Sales. Council Member Sniff voted for Diana Brown, Robert Frame, and Bruce Sales. MOTION It was moved by Council Members Sniff/Henderson that Diana Brown, Robert Frame, and Bruce Sales be appointed to the Investment Advisory Board for two-year terms effective July 1, 1996. Motion carried unanimously. MINUTE ORDER NO.96-99. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 4 July 2,1996 PLANNING COMMISSION Council proceeded to interview the following applicants for the Planning Commission: Joyce Pena Alonso Silva Andrew Sabol Stewart Woodard B. J. Seaton Jacques Abels, Richard Motter, and J. Richard Santo were previously interviewed on June 18, 1996.) VOTING: Ballot No.1: Mayor Holt voted for B. J. Seaton and Stewart Woodard Council Member Adolph voted for Jacques Abels and Stewart Woodard Council Member Henderson voted for Jacques Abels and Stewart Woodard Council Member Perkins voted for Jacques Abels and Stewart Woodard Council Member Sniff voted for Jacques Abels and B. J Seaton MOTION It was moved by Council Members Sniff/Henderson that Jacques Abels and Stewart Woodard be appointed to the Planning Commission for three-year terms effective July 1,1996. Motion carried unanimously. MINUTE ORDER NO.96-100. 2. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMlSSlON?S APPROVAL OF THE MASTER SIGN PROGRAM SA 96-341 FOR THE BOGAN VILLAS COMMERCIAL CENTER AT 78-120 CALLE ESTADO. APPELLANT: MR. GERALD H. BOGAN. Ms. di lono, Planning Manager, advised that the applicant is appealing some of the Planning Commission?s conditions to a sign program for Bogan Villas, a retail and office building, located at 78-120 Calle Estado. The sign program consists of two 2Y2' X 4' and 21A' X 8' signs for all leased spaces on the first and second floors facing both the south and north. The signs vary in size from 10-20 sq. ft. The Planning Commission made the required findings in accordance with the sign ordinance Section 9.160.90) and approved the project subject to conditions. She summarized the conditions as follows: BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 5 July 2, 1996 1) Reduced the total number of signs to 12 with shared lease spaces splitting the total square footage allowed for one sign; 2) All signs were deleted for the second floor offices facing Calle Estado and the first floor retail were required to be relocated to the wood beam rather than the stucco wall; 3) The sign height was reduced to 1 Y2 within the beam area and the length was increased to a maximum of 10'; and, 4) Signs facing the parking lot were required to be relocated from the stucco wall and hung from the beam of the covered balcony. The appellant is requesting that signs not be restricted from the second floor offices along Calle Estado Condition No. 3A) and the signs on the north side facing the parking lot be allowed on the stucco wall above the covered balcony. He's also requesting 13 signs rather than the 12 allowed by Condition No. 3A. Council Member Adolph questioned the actual number of signs requested by the applicant, pointing out that more than 13 exist on his elevation drawing. Mr. Gerald Bogan, 54-368 Inverness, requested approval to place signs for the second-floor suites on the stucco on both the north and south sides of the building. He didn't have a problem with hanging the first-floor signs from the beam, but was concerned that it would be a safety hazard if the second-floor signs were hung from the beams since the overhang is only eight feet high from the walkway. The building is designed for only 12 suites, but one of the suites could be split into two suites, which is the reason for the request for 13 signs. However, leasing of multiple suites to one tenant may reduce the number of signs needed to less than 12. He felt that the lettering would be too small to read on an 18-inch sign if it contained two lines of lettering. He also felt that it would be a disadvantage to second-floor tenants if they are not allowed to advertise on the street side. In response to Council Member Perkins, Mr. Bogan stated that the Planning Commission's approval will allow a tenant who has multiple suites to have one name-identification sign and one service-type sign for each additional suite. He advised that lettering would be reduced to approximately three inches on an 1 8-inch sign with two lines of lettering because of the bordering on the sign whereas a 22-inch sign would allow seven-inch lettering. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 6 July 2,1996 Council Member Perkins felt that 1 8" was adequate, noting that freeway signs on the side of the road are easily read from fast-moving vehicles at a great distance with only 6-inch lettering. In response to Council Member Henderson, Mr. Bogan advised that he's requesting approval for signs that would be 22 inches high and a maximum of 8 feet long. In response to Council Member Adolph, Mr. Bogan advised that the signs would be consistent in material, size, color, lettering, etc. and he didn't have a problem with spacing the placement of the signage so that they're balanced on the building. Council Member Adolph suggested using a directory board on the north side and eliminating the individual signs. Mr. Bogan felt that signage on the north side would give maximum advertising exposure for tenants and that customers traveling southbound on Desert Club Drive would be able to see it. He would consider smaller signs for the north side to gain approval of signage on the south side as long as it could be worked out with staff and not have to go back through the Planning Commission. Council Member Adolph wished to have the signs look like a part of the building and not an after-thought. Council Member Sniff felt that it's imperative that adequate signage for the building be approved so that the tenants are not doomed to failure. He suggested approving one sign per occupied suite with a maximum of 13 signs on both sides of the building. He felt that signage should be allowed on both sides of the building to give adequate exposure for the tenants and that flexibility should be given for 13 signs even though that many may never exist He further suggested that the signs be approved at 22 inches by 8 feet maximum, with placement for lower-level signs on the beam and upper-level signs on the stucco above the doors or windows. He felt that consistency in design, placement, coloring, and lettering size was important. Council Member Henderson agreed, but was concerned that the building and its signage be brought into conformance with any future design concept that may be adopted for The Village area. Ms. Honeywell, City Attorney, advised that an existing project cannot be conditioned to conform to future design concepts, but Redevelopment Agency BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 7 July 2, 1996 loans can be used to encourage businesses to redo their signage so that they are consistent with the new design concept of the area. Mr. Bogan expressed his willingness to be consistent with future changes in The Village area. Council Member Perkins supported the applicant's effort to properly advertise and Council Member Sniff's suggestions for approval. Mayor Holt agreed with all of the comments and felt that it's important for the City to support local businesses coming into The Village area. Council Member Adolph felt that a Design Review Board would help expedite such projects. MOTION It was moved by Council Members Sniff/Henderson to uphold the appeal of Mr. Bogan and approve the following sign program: 1) one sign per each occupied suite with a maximum of 13 on each side of the building north and south); 2) that the signs be 22" by 8' on the lower floor to be placed on the beam on both sides of the building) and on the upper floor to be placed above the occupied suite; and 3) all signs to be consistent in design, placement, coloring, and lettering size. Mayor Holt asked for clarification that the motion would allow for the three signs that the antique store currently has and Council Member Sniff advised that was the intent of the motion Mr. Herman, Community Development Director, asked for clarification that within the conditions of approval Page 5 of the staff report) that all conditions remain the same except for Condition No. 3 that is modified to include the items delineated in the motion Regarding Condition No. 3-D, Council Member Sniff advised that his intention is one sign per occupied suite on each side of the building. Motion carried unanimously. MINUTE ORDER NO.96-101. 3. CONSIDERATION OF SIX-MONTH REVIEW OF THE STUDENT ART WALL IN CITY HALL. Mr. Herman, Community Development Director, advised that staff's recommendation is to continue the Student Art Wall Program in City Hall that BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 8 July 2,1996 was approved by Council In December, 1995, and to install a permanent wall covering for placement of the artwork to enhance the program. MOTION It was moved by Council Members Sniff/Adolph to direct staff to proceed with the Student Art Wall project. Motion carried unanimously. MINUTE ORDER NO. 96-?O2. 4. CONSIDERATION OF A ONE-YEAR EXTENSION OF MEMBERS' TERMS FOR THE FOLLOWING COMMISSIONS: ART IN PUBLIC PLACES, CULTURAL, HISTORIC PRESERVATION, HUMAN SERVICES. AND PARKS & RECREATION AND CONSIDERATION OF ADVERTISING VACANT POSITIONS ON THE CULTURAL COMMISSION AND/OR HUMAN SERVICES COMMISSION. Mr. Weiss, Assistant City Manager, advised that on June 18, 1996, the Council adopted an ordinance which gave them the authority to extend the terms for Board, Committee, and Commission members. In response to Council's previous discussions to extend the terms of certain commissions for one year during the review of those commissions, staff suggested a one-year extension of terms for the Art in Public Places Commission, Cultural Commission, Historical Preservation Commission, Human Services Commission, and Parks & Recreation Commission. Direction was requested from Council regarding the two vacancies that exist on the Cultural Commission and Human Services Commission. In response to Council Member Adolph, Mr. Weiss advised that he wasn't aware of the Council having taken any similar action in the past. Council Member Henderson felt that the Commissions have endured well under some adverse conditions. She wished to spend some additional time reviewing some of the ordinances and strongly felt that the Planning Commission and Investment Advisory Board members should stay another year to put the new policies in place that they've worked on during the last year. She supported the one-year extension, but didn't feel that any member who has fulfilled their stated term should feel obligated to continue their service if the extension is a burden to them. Council Member Sniff supported the time extensions and felt that the current vacancies should be filled. He expects the Commissions to continue after the one-year period and if they are to be functional, they need a full complement of members. He felt that it's clearly understood that the Commissions serve at the pleasure of the Council and are subject to change at any time. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 9 July 2,1996 Council Member Adolph didn't have a problem with the extension, but was concerned about setting a precedent, noting that other ways exist to handle the situation. Council Member Perkins supported the extension as it would provide a good period of time for the Council and Commissions to better understand the role of the Commissions and to review the ordinances for needed revisions and/or needed merging of various Commissions. He was opposed to filling the vacancies unless the memberships fall below five members because of the false expectation that new appointees might have of fulfilling a full term. He pointed Out that the Council has operated with less than five members before without any problem. Council Member Henderson wished to place a one-year moratorium on filling vacancies because she didn't feel that sufficient time exists to train new members given the workload of the upcoming year and the ground work that the Council has not yet completed. She felt that they could function well with five or six members. Mayor Holt agreed with Council Member Perkins, pointing Out that the suggestion of a moratorium would preclude the Council from making appointments if the memberships drop below five members. She was very supportive of the Commissions as they exist, but feels that until the Council makes a final decision regarding the Commissions, new appointments would add to the confusion. She supported the one-year extension and wished to see the review of the Commissions completed as soon as possible so that they can move forward. Council Member Perkins pointed out that if the Council should later decide to combine two of the Commissions, existing vacancies would make the transition easier. Council Member Sniff disagreed with not filling the vacancies and felt that it would be necessary to start with all new applications should any of the Commissions be merged. MOTION- It was moved by Council Members Sniff/Perkins to approve a one- year extension of members terms for the following Commissions. Art in Public Places, Cultural, Historic Preservation, Human Services, and Parks & Recreation. Motion carried unanimously. MINUTE ORDER NO.96-103. MOTION It was moved by Council Member Sniff to direct staff to advertise vacant positions on the Cultural Commission and Human Services Commission. Motion failed for lack of a second. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 10 July 2, 1996 5. CONSIDERATION OF PROJECT SUBMITTALS FOR RCTC CALL FOR PROJECTS. Mr. Cosper, Public Works Director, advised that 8 Call for Projects has been received from the Riverside County Transportation Commission RCTC) in anticipation of reauthorization of the Intermodal Surface Transportation Efficiency Act ISTEA?A) and projects submitted for funding must be capacity enhancement projects and of regional significance. Staff is proposing the following two projects for submittal: 1) Avenue 50 Overlay Project which consists of overlaying the existing pavement from Park Avenue to Jefferson Street at an estimated cost of $150,000 of which $100,000 will come from State Transportation Program SIP) Formula Funds and the balance of $50,000 from the City; and 2) Highway 111/Jefferson Street Intersection and Jefferson Street Bridge Widening Project which provides two north and southbound- through lanes, left-turn lanes, traffic signal upgrade, and widening of the bridge south of Highway 111 The project will be submitted jointly with lndio and is estimated to cost $2,150,000. Funding will come from CVAG Regional Arterial Funds $1,075,000), State SB300 Funds $106,000), and SIP Discretionary Grant Funds $775,000), with the Cities of La Quinta and lndio funding 97,000 each. In response to Council Member Adolph, Mr. Cosper advised that the City would be competing for the SIP Funds on a regional basis and the projects will not be done if the funds are not granted. In response to Council Member Henderson, Mr. Cosper advised that if SIP funding is received for the proposed Highway 111/Jefferson Street Intersection Project, it will be combined with CIP funding that the Council recently approved for interim improvements to this same intersection and address it as one project. In response to Council Member Perkins, Mr. Cosper advised that the bridge would be widened on the east side. MOTION It was moved by Council Members Henderson/Adolph to approve the proposed projects for RCTC Call for Projects Avenue 50 Overlay and Highway 111/Jefferson Street Intersection and Jefferson Street Bridge. Motion carried unanimously. MINUTE ORDER NO.96-104. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 11 July 2, 1996 Council concurred on taking up Business Session Item No.9 at this time. 9. CONSIDERATION OF APPROVAL OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FY 1996/97. Council Member Henderson referred to information recently received from the California Chamber of Commerce which sets forth guidelines for City/Chamber contracts and advised that she could not support this contract because some of the suggestions in the guidelines were not followed during the recent negotiations. Some of the guidelines she referred to were: 1) separation of City contract funds from the Chamber's General Fund Account; 2) Chambers partially funded by the City may be viewed by the community as an arm of the City government she supports funding the Chamber, but was concerned about outstanding legal questions related to funding them 50% or more of their budget); and, 3) contract should be for specific services and an added dimension to the Chamber's overall program she felt that although the scope of services are clearly defined, they should be reviewed since only $5,000 is designated for economic development). The vital Chamber operation should never be dependent on the contract. She was disappointed that the Council didn't spend more time considering this issue. Council Member Perkins was disappointed that the Chamber has requested a 12% increase in their contract. In reference to comments about the City requesting to review the Chamber's budget and not other contractors, he advised that the City doesn?t provide 50% or more of other contractor's budgets as it does with the Chamber. The City also has an option to accept or deny contract service bids made by other service contractors, but not so with the Chamber because they are the only option the City has. Mayor Holt thanked Council Member Henderson for her efforts and the information she provided. She continued to support the contract, but agreed that an insufficient amount is set aside for economic development. She felt perhaps that the Council should look at the scope of services more closely next year. MOTION It was moved by Council Members Sniff/Adolph to approve the Contract Services Agreement with the Chamber of Commerce for Fiscal Year 1996/97. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO.96-105. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 12 Jury 2,1996 6. CONSIDERATION OF APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KORVE ENGINEERING, INC. FOR MILES AVENUE WIDENING AND AVENUE 48 EXTENSION, PROJECT NO.96-05. Mr. Freeland, Senior Engineer, advised that on May 7, 1996, the Council approved a Consultant Selection Committee and a Request for Proposals for the Miles Avenue Widening and Avenue 48 Extension Project Na. 96-05 and directed staff to receive proposals. Out of a short list of six qualified consultants, four submittals were received with Korve Engineering, Inc. being unanimously selected by the Consultant Selection Committee. Staff has completed negotiations with Korve Engineering, Inc. and the consultant's price of $470,122 is less than the amount budgeted for design. Council Member Henderson asked if there were any intentions to develop a Master Median Landscape Plan so that such tasks could be eliminated from future design projects and questioned why it will take six months to complete the design and be ready to start construction. Mr. Freeland advised that a master plan does exist and reviewed some of the tasks necessary to prepare for the construction, adding that it would be fast tracked as much as possible. In response to Council Member Sniff, Mr. Freeland advised that Korve Engineering, Inc. was the design consultant on the Highway 111/Washington Street Interim Improvements Project and were sub-consultants for Hall & Foreman for the Highway 111 Widening Project. The Consultant Selection Committee felt that the proposal by Korve Engineering was more thorough than the others, having included conceptual plans and made advance contact with agencies such as the utility companies to find out what would be necessary to get the job done. All of the firms were qualified, but their proposal represented them as the firm most qualified. In response to Council Member Sniff, Mr. Genovese, City Manager, advised that the intent of the resolution is to select a consultant based on professional expertise and ability. Negotiations on the price take place after a consultant has been selected. Council Member Perkins was pleased that three of the qualified firms were local consultants. MOTION It was moved by Council Members Sniff/Adolph to authorize execution of a Professional Services Agreement with Korve Engineering, Inc. for Miles Avenue Widening and Avenue 48 Extension Project No.96-OS in an amount not to exceed $236,325 and $283,500 respectively. Motion carried unanimously. MINUTE ORDER NO.96-106. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 13 July 2,1996 7. CONSIDERATION OF PUBLIC COMMENTS ON DRAFT CITY CHARTER AND ANY PROPOSED CHANGES TO DRAFT CHARTER. Mr. Weiss, Assistant City Manager, advised that news releases were distributed, informational pamphlets were mailed, and two public workshops were held to discuss the Charter City concept. Staff received less than 10 phone calls and only 8-1 5 people attended the public workshops. A few questions from the public were received regarding the impact on tax rates and potential cost savings, but no specific changes to the document were requested. Media coverage consisted of interviews with the newspaper one radio station, and one television station. There has been some feedback regarding the new authority the City would assume and its ability to shoulder that responsibility. Council Member Sniff didn't see any reason for not moving forward with this issue, but was a little amazed at the lack of reaction of the community. Mayor Hot felt that the lack of response from the public was due to the public being so well-informed on this issue. Council Member Perkins pointed out that Palm Springs also had a limited public response. He asked if the pamphlet was distributed to the media to which Mr. Weiss responded yes. Council Member Henderson felt that the public has received the concept with more confidence, possibly because of the charter schools. In response to Council Member Adolph, Mr. Weiss advised that a simple majority is all that is necessary for the measure to pass. MOTION It was moved by Council Members Henderson/Sniff to direct staff to prepare a resolution for the next Council meeting to place the City's proposed Charter on the November 1996 ballot. Motion carried unanimously. MINUTE ORDER NO.96-107. 8. CONSIDERATION OF APPOINTMENT TO THE COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES. The staff report indicated that Council Member Perkins wished to be re- appointed for a four-year term. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 14 July 2,1996 MOTION It was moved by Council Members Sniff/Henderson that Council Member Perkins be re-appointed to the Coachella Valley Mosquito Abatement District Board of Trustees for a four-year term. Motion carried with Council Member Perkins ABSTAINING. MINUTE ORDER NO.96-108. 10. CONSIDERATION OF APPROVAL OF AN IMPROVEMENT AGREEMENT BETWEEN USA PROPERTIES FUND AND THE CITY OF LA QUINTA LA QUINTA VILLAGE APARTMENTS PLOT PLAN 96-571. Council Member Adolph abstained due to a conflict of interest and left the dais. MOTION It was moved by Council Members Sniff/Perkins to accept the improvement agreement between USA Properties Fund and the City of La Quinta, guaranteeing certain improvements associated with the La Quinta Village Apartments Plot Plan 96-571. Motion carried with Council Member Adolph ABSENT. MINUTE ORDER NO.96-109. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 2, 1996. 2. APPROVAL OF CONTRACT CHANGE ORDER NO. 96-07-01, HIGHWAY 111/WASHINGTON STREET WIDENING DELETING ADDITIVE ALTERNATE NO.1. 3. SEE BUSINESS SESSION ITEM NO.10. 4. APPROVAL OF OVERNIGHT TRAVEL FOR MAYOR HOLT TO ATTEND THE LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM IN MONTEREY, JULY 16- 21, 1996. 5. APPROVAL OF AN AGREEMENT WITH RIVERSIDE COUNTY OFFICE OF AGING FOR TITLE V PROGRAM. 6. APPROVAL OF A RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMISSION TO HAVE THE CITY ATTORNEY CONDUCT A MORE EXTENSIVE REVIEW OF THE TEMPORARY ART PROGRAM. 7. SEE BUSINESS SESSION ITEM NO.9. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 15 July 2, 1996 MOTION- It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as amended and as recommended. Motion carried unanimously. MINUTE ORDER NO.96-110. Council recessed to Redevelopment Agency meeting. Council reconvened. STUDY SESSION 1. DISCUSSION OF SUMMER INTRA-CITY BUS SERVICE. Ms. Nicholson, Parks & Recreation Director, advised that on May 21, 1996, the Council directed staff to prepare a report regarding possible summer intra-city bus service. Staff contacted three providers, SunLine Transit Agency, Laidlaw Bus Company, and Budget Car Rentals. SunLine Transit Agency stated that it would take six months to implement a bus shuttle service and that Lake Cahuilla would have to be added to their boundaries They are willing to provide a City-funded bus service, but could not implement it before next summer. Laidlaw Bus Company presented three options for consideration: 1) a 28-passenger, air-conditioned van at $29/hour; 2) a 60-passenger school bus without air conditioning at $25/hour; and, 3) a 60-passenger, air-conditioned charter bus at $31/hour. Budget Car Rentals will provide a 1 5-passenger, air- conditioned van with 100 free miles a day for $599.95/week, but it would not include a driver. The length of the program and hours and days of operation would need to be determined should the Council wish to move forward with this service. Council Member Perkins advised that the Coachella pool recently opened from Noon to 4:00 P.M. and he asked if Laidlaw had a minimum hours of service to which Ms. Nicholson responded no, but they do charge from the time they exit their bus yard until they return. Council Member Henderson felt that it's a very positive report, but maybe too late in the season for it to be successful this summer. She felt that work on its implementation for next summer should continue, but wasn?t sure that it should be delayed given the possibility of a swim program at the La Quinta High School. Mr. Genovese, City Manager, advised that the YMCA and Valley Park & Recreation District have both responded in regards to a swim program BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 16 July 2, 1996 at the high school. The City Manager has the authority to execute a contract for up to $10,000 and if a bus-service concept were approved by Council, it could be implemented rather quickly. Council Member Henderson was concerned about the program's possibility for success this late in the summer. The original intent was to provide bus service to Lake Cahuilla, but she wasn't sure what progress has been made with using that pool. Mr. Genovese felt that work on a bus-service program should have started 3-4 months ago to include it in the Parks & Recreation Department's summer brochure as a transportation alternative. Council Member Henderson didn't wish to move forward with a good program and have it turn out bad because of the timing. Mayor Holt concurred. Council Member Perkins felt that it's a good report and suggested that it be kept in abeyance in case a municipal pool is not built by next summer. Council Member Henderson suggested that it be brought back to the Council next Spring. Mr. Genovese advised that the program could be looked at in relation to the next Parks & Recreation brochure since other uses might exist for such a service. Council concurred. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS None Council recessed until the hour of 7:00 p.m. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 17 July 2, 1996 7:00P.M. PUBLIC COMMENT See Page 17 after Public Hearing No. 1.) PUBLIC HEARINGS TENTATIVE TRACT 25691 AMENDMENT NO.1). A REQUEST FOR A THIRD. ONE- YEAR TIME EXTENSION TO SUBDIVIDE 9.3 ACRES INTO 39 SINGLE-FAMILY LOTS AND OTHER COMMON LOTS LOCATED ON THE NORTH SIDE OF MILES AVENUE, 663 FEET EAST OF DUNE PALMS ROAD. APPLICANT: RICHARD DEMAN. Mr. Herman, Community Development Director, advised that on June 11, 1 996, the P?Planning Commission recommended approval of a third, one-year time extension for Tract 25691 which is a 9.3-acre subdivision consisting of 39 single- family lots and other common lots located on the north side of Miles Avenue between Jefferson Street and Dune Palms Road. The Mayor declared the PUBLIC H?HEARING OPEN. Mr. Richard Deman, 74-140 El Paseo, Suite 377, Palm Desert, the applicant, asked for clarification regarding the expiration date. Mr. Herman advised that the State gave an additional one-year extension in May so the tract will expire on April 17, 1998 if this extension is approved. In response to Council Member Adolph, Mr. Herman advised that the applicant will not be eligible for any further extensions from the City. Mr. Deman advised that the project has been delayed because no sewer line capability exists yet. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. APPROVING A THIRD. ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 25691 AMENDMENT NO.1) TO ALLOW A 39-LOT SINGLE-FAMILY RESIDENTIAL LAND SALES SUBDIVISION ON APPROXIMATELY 9.3 ACRES. It was moved by Council Members Sniff/Adolph to adopt Resolution No 96-49 as submitted. Motion carried unanimously. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 18 July 2, 1996 Mayor Holt announced that Council would receive Public Comments at this time. PUBLIC COMMENT Mr. Paul Anderson, 53-781 Avenida Herrera, spoke regarding a proposed change in the Zoning Ordinance that restricts the square footage of accessory buildings in Low- Density Residential zoned areas to 200 sq. ft. The current standard is 400 sq. ft. and he asked the Council to base the size restriction of the accessory building to the square footage of the lot since some of the existing parcels are somewhat greater than the minimum lot size of 7,200 sq. ft. Council Member Adolph asked if he was concerned about separate buildings or those connected by a breezeway to which Mr. Anderson responded either one. In response to Council Member Henderson, Mr. Anderson advised that this was not addressed during the Planning Commission's review of the ordinance and that the concern was brought to his attention by property owners who have adequate square footage to accommodate accessory buildings, but they are limited in the size of such structures because of the code restriction. He felt that the standard should be based on the square footage of the property. Mr. Robert Jones, stated that the ordinance is based on the lot sizes in the Cove and he's interested in building a guest house on a lot that is five times that size. 2. TENTATIVE TRACT 26768. A REQUEST FOR A ONE-YEAR TIME EXTENSION FOR THE SUBDIVISION OF 20 ACRES INTO 21 SINGLE-FAMILY LOTS AND AMENITY LOTS ON PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET. 1A MILE NORTH OF AIRPORT BOULEVARD. APPLICANT: MR. & MRS. DIETRICH WERNER. Mr. Herman, Community Development Director, advised that on May 14, 1 996, the Planning Commission recommended approval of a one-year time extension for Tract 28788 which is a 20-acre subdivision consisting of 21 single-family lots and amenity lots, located on the west side of Monroe Street, Y? mile north of Airport Boulevard. The Planning Commission reduced the tract to 20 single family lots because of the Rural Overlay District that exists on the property. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak the Mayor declared the PUBLIC HEARING CLOSED. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 19 July 2, 1996 RESOLUTION NO.96-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA. APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 26768 1ST EXTENSION) TO ALLOW A 20-LOT SINGLE-FAMILY RESIDENTIAL LAND SALES SUBDIVISION ON APPROXIMATELY 20 ACRES. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 96-50 as submitted. Motion carried unanimously. 3. TENTATIVE TRACT 28335-R, TO REVERT TO ACREAGE LOTS 1.2. AND A" FROM TENTATIVE TRACT 26251 LOCATED NORTHWEST OF THE INTERSECTION OF VIA SIERRA AND LOMA VISTA. APPLICANT: WILLIAM MURRAY AND ASSOCIATES, INC. FOR ROBERT AND MARY KAY TAYLOR. Ms. di lono, Planning Manager, advised that the applicant is requesting a reversion to acreage from Tract 26251 Lots 1, 2, and A and Parcel Merger 93- 298, Lots 1 and A into a 3.3-acre lot, located northwest of the intersection of Via Sierra and Loma Vista. The applicant has no construction plans for the property and reversion to acreage is necessary to release the improvement bonds. The Enclave Mountain Estates Homeowners' Association requested the addition of conditions to the approval of the reversion to acreage, but have since resolved their concerns with the applicant as confirmed by letter. The Mayor declared the PUBLIC HEARING OPEN. Mr. Bill Murray, of Murray & Associates, representing the applicant confirmed that the differences with the Homeowners' Association are resolved and advised that the applicant has accepted all of the conditions of approval. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. APPROVING TENTATIVE TRACT 28335-R REVERSION TO ACREAGE TO RECONSOLIDATE TRACT 26251 AND PARCEL MERGER 93-298 IN A SINGLE PARCEL. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-51 as submitted. Motion carried unanimously. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 20 July 2, 1996 4. SPECIFIC PLAN 89-014, AMENDMENT NO.2, TO ALLOW TWO ADDITIONAL BUSINESSES WITH DRIVE-THROUGH LANES IN THE ONE ELEVEN LA QUINTA SHOPPING CENTER LOCATED ON THE NORTH SIDE OF HIGHWAY 111, BETWEEN WASHINGTON STREET AND ADAMS STREET. APPLICANT: WASHINGTON PLAZA ASSOCIATES. Ms. di lono, Planning Manager, advised that the applicant, Washington Plaza Associates, has submitted an application for an amendment to the Specific Plan for the One Eleven La Quinta Shopping Center to increase the number of allowable drive-through businesses from three to five. A Conditional-Use Permit application has been received from Boston Market for one of the drive- through businesses, but the second one is undetermined at this time. The zoning code and development standards that apply to the three existing drive- through businesses will also apply to the two additional ones. Having made the necessary findings to approve the Negative Declaration and Amendment to the Specific Plan, on May 28, 1 996, the Planning Commission recommended approval of the amendment. The Mayor declared the PUBLIC HEARING OPEN. Mr. Rick DoolittIe, 74-040 Highway 111, Palm Desert, of Hall & Foreman Engineers, representing the applicant, advised that they were available to answer questions. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Perkins was concerned about the poor landscape maintenance that exists in the shopping center and asked what measures would be taken to insure that this area is properly maintained. Mr. Herman advised that the developer no longer has control over the landscaping once the property is sold such as with Wal-Mart and Albertsons. Staff has attempted to rectify the landscape?maintenance problem through correspondence with the property owners, but it has been difficult getting a response. Mr. Michael Shovlm, 71-084 Tamarisk Lane, Rancho Mirage, the developer, advised that he personally supervises the shopping center's landscape maintenance crew called a CAM common area maintenance). The 13 acres owned by Wal-Mart is where the landscape-maintenance problem exists and Wal-Mart has chosen not to participate in the CAM. He felt that the conditions of approval related to landscape maintenance in Wal-Mart's project approval BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 21 July 2, 1996 should be enforced. He wishes to require all future businesses to participate in the CAM so that he can control the maintenance. He recently offered to assume Wal-Mart's landscape maintenance at their current cost and is willing to assume the loss himself to bring the Wal-M?Mart property into conformity with the shopping center. Council Member Adolph pointed out that the three dead palm trees at McDonalds Restaurant have not been replaced. Mr. Shovlm asked for Code Enforcement to send him a letter and then he would take care of it. RESOLUTION NO.96-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-319 PREPARED FOR SPECIFIC PLAN 89-014. AMENDMENT NO.2. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-52 as submitted. Motion carried unanimously. RESOLUTION NO.96-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA. APPROVING AN AMENDMENT TO A COMMERCIAL SPECIFIC PLAN TO THE ONE-ELEVEN LA QUINTA CENTER TO ALLOW TWO ADDITIONAL BUSINESSES WITH DRIVE THROUGH LANES. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-53 as submitted. Motion carried unanimously. 5. CONSIDERATION OF CITY COUNCIL POLICY TO CAPTURE AND UTILIZE THE $8.50 PER TON LANDFILL TIP FEE REDUCTION TO FUND SOLID WASTE PROGRAMS THAT ARE BEING ELIMINATED BY THE WASTE MANAGEMENT RESOURCES DISTRICT AND CONTINUED CONSIDERATION OF REFUSE COLLECTION SOLID WASTE AND AB939 COMPLIANCE CHARGES TO BE PLACED ON THE CITY TAX ROLLS. Mr. Herman, Community Development Director, asked that the matter of refuse-collection fees being placed on the tax rolls be continued to July 16, 1996. He advised that Riverside County Waste Management Resources District BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 22 July 2, 1996 WMRD) has reduced the landfill tip fee from $38.50 to $30.00 as of July 1, 1996. This reduction will result in the elimination or reduction of the following regional recycling programs: Regional AB939 Programs $1 25/ton), Transfer Station Development Program $3.00/ton), Pre-levelization of Haul Cast $3.50), and Household Hazardous Waste Program $0.75/ton). A brief outline of each of the programs is contained in the staff report. He reviewed the options available to Council as follows: 1) Capture and utilize the $8.50 per ton landfill tip fee reduction to fund solid waste programs that are being reduced or eliminated by the Riverside County WMRD and join the regional program to be managed by CVAG on an interim basis until a Joint Powers Authority JPA) is established. 2) Capture the $8.50 landfill tip fee reduction, but fund only the solid waste programs recommended by Council. 3) Do not capture the $8.50 landfill tip fee reduction and pass the savings on to rate payers which may require the raising of rates in future years to cover the costs of hauling solid waste to Edom Hill when the Coachella landfill closes in December, 1996. 4) Do not capture the $8.50 landfill tip fee reduction to fund the recommended programs and direct staff to identify alternative funding sources to address the elimination and reduction of funding for the regional programs. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff supported staff?s recommendation to continue capturing the current landfill tip fees and to utilize the $8.50 per ton reduction to fund programs reduced or eliminated by WMRD. Council Member Perkins complimented staff on the good report. In response to Council Member Adolph, Mr. Genovese advised that sometime ago the waste hauler had the discretion of which landfill to use and may have used the one at Edom Hill, but the Coachella landfill has been used for the City's waste for a number of years. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 23 July 2,1996 MOTION It was moved by Council Member Sniff/Mayor Holt to continue to collect the current landfill tip fee rates to capture and utilize the $8.50 per ton reduction to fund programs reduced or eliminated by the Riverside County Waste Management Resources District WMRD) and to continue the public hearing to the next Council meeting on the refuse collection, solid waste programs, and the AB939 compliance charges to be placed on the Tax Rolls. Motion carried unanimously. MINUTE ORDER NO.96-ill. MAYOR AND COUNCIL MEMBERS ITEMS CONSIDERATION OF RESCHEDULING THE JULY 16TH COUNCIL MEETING. Mavor Holt advised that she would be leaving on July 16th to attend the League of California Cities Conference and asked if the Council would consider rescheduling the July 16th Council meeting. MOTION- It was moved by Council Members Sniff/Henderson to hold the next Council meeting on July 22, 1996 at 3:00 p.m. instead of July 16, 1996. Motion carried unanimously. MINUTE ORDER NO. 96-i 12. 2. CONSIDERATION TO DECLARE JULY 5TH A CITY HOLIDAY. Council Member Sniff suggested that July 5th be declared a City holiday. Mr. Genovese, City Manager, advised that he would need the Council?s authorization to declare it a holiday and give the employees the day off provided the Employees Association concur and waive any further actions in regards to the meet and confer process. MOTION It was moved by Council Members Sniff/Perkins to authorize the City Manager to declare July 5th a City Holiday, giving City Employees the day off should the Employees Association concur and waive any further actions in regards to the meet and confer process. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that she didn?t see any problem with doing it as long as labor counsel is consulted to make sure that it?s handled appropriately. Motion carried unanimously. MINUTE ORDER NO. 96-i 13. BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02 , City Council Minutes 24 July 2, 1996 CLOSED SESSION None There being no further business, the meeting was adjourned. AUNDRA L. J OLA, City Clerk City of La Quinta, California BIB] 08-30-1996-U01 09:14:15AM-U01 CCMIN-U02 07-U02 02-U02 1996-U02