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1996 12 03 CC Minutes- LA QUINTA CITY COUNCIL MINUTES December 3, 1996 Regular meeting of the La Quinta City Council of December 3, 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 Robert TVlGr, 44-21 5 Villeta Drive, questioned why a building permit was issued for a two-story home just two hours before the Council was scheduled to discuss the matter in a special Council meeting on November 1 2, 1996. He felt that wisdom would dictate delaying issuance of the permit until after the discussion in light of the City's knowledge of the community sentiment toward this error in rezoning. The City is now facing a class-action suit. He hoped that Council would determine who was responsible for that error and take appropriate action. Tom Culhnan, 73-385 Juniper, Palm Desert, Project Manager for Rancho La Quinta, commented on a faux pas on the part of Vince Scully who was the announcer for the Skins Game. The game received an 8.2 rating, its largest rating ever, and the business in the area was brisk due to the event. He thanked the Council for their support and advised that they're looking forward to next year's event. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that Consent Calendar Item No.2 be pulled from the agenda, advising that it would be rescheduled. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of November 19 and 25, 1996 as submitted. note the amendment to the motion below) BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 2 December 3, 1996 Council Member Perkins felt that Mayor Holt's abstention on Business Session Item No.2 November 19, 1 996 Minutes) should go with the affirmative vote since the abstention was made after participating in the discussion. Ms. Honeywell, City Attorney, advised that technically, it was an abstention vote since the abstain button was pushed. However, according to Council's Rules of Procedure, an abstention vote goes with the majority vote when the abstention is not due to a conflict of interest, whereas when a conflict of interest exists, the Council Member leaves the dais and is counted as absent for the vote. She suggested adding that clarification to the minutes. Mrs. Juhola, City Clerk, suggested showing it as a unanimous vote with Mayor Holt abstaining. The motion was amended to include the City Attorney's clarification and reads as follows: MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of November 19 as amended with added language as suggested by the City Attorney to clarify the vote on Business Session Item No.2 and November 25, 1 996 as submitted. Motion carried unanimously. ANNOUNCEMENTS Council Member Perkins suggested canceling the January 7th Council meeting because of the number of staff members that would be on vacation leave. Council concurred on making a decision at their December 17th meeting. PRESENTATIONS None WRITTEN CORRESPONDENCE 1. LETTER FROM AMERICAN YOUTH GOLF REGARDING SPONSORSHIP. Council concurred on referring this letter to staff to obtain additional information. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 3 December 3, 1 996 2. LETTER FROM LA QUINTA CITIZENS ORGANIZED TO PROTECT OUR ENVIRONMENT REGARDING A PROPOSED GENERAL PLAN AMENDMENT AND CHANGE OF ZONE IN THE COVE AREA Council Member Henderson felt that such a proposal should be watched carefully as it would allow two-story homes in the Cove. Council concurred on referring this letter to the Planning Commission should such an amendment and change of zone be submitted. 3. LETTER FROM STUDENT CREATIVE RECYCLE ART PROGRAM SCRAP) GALLERY REQUESTING FINANCIAL ASSISTANCE. Council concurred on referring this letter to staff to obtain additional information and agendizing it for the next meeting or in January. 4. LETTER FROM BEST, BEST, & KRIEGER ON BEHALF OF THE CITY OF INDIO REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT CO. Council concurred on referring this letter to staff and the City Attorney. 5. LETTER FROM AUDRY MANUEL REQUESTING FINANCIAL ASSISTANCE FOR THE MISS LA QUINTA PAGEANT. Council concurred on directing staff to agendize this request for the December 17,1996 Council meeting. 6. LETTER FROM ARCHIE SHARP RESIGNING FROM THE CULTURAL COMMISSION. Council Member Henderson expressed disappointment with the resignation. Council Member Sniff suggested that a letter of appreciation and any other appropriate recognition be presented to Mr. Sharp for his service on the Cultural Commission. Council concurred. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 4 December 3, 1996 7. LETTER FROM JESSIE ANN CHESNUT RESIGNING FROM THE HUMAN SERVICES COMMISSION. Council Member Sniff suggested that a letter of appreciation and any other appropriate recognition be presented to Ms. Chesnut for her service on the Human Services Commission and Council concurred. Council Member Henderson pointed out that this reduces the membership to four members and suggested recruiting to fill one vacancy. She further suggested that the issue of Boards and Commissions be placed on one of the upcoming study sessions. Council Member Sniff questioned the recruitment to fill one vacancy only. Council concurred on recruiting for one vacancy and for scheduling the discussion of Boards and Commissions for a study session in January. 8. LETTER FROM GURALNICK & GILLILAND REGARDING TRACT 24890. Council concurred on referring this letter to staff and the City Attorney. BUSINESS SESSION CITY COUNCIL REORGANIZATION: A. SELECTION OF MAYOR PRO TEM B. SELECTION OF REPRESENTATIVES TO VARIOUS COMMITTEES/BOARD SELECTION OF MAYOR PRO TEM Mrs. Juhola City Clerk, advised that selection of a Mayor Pro Tem is done on a yearly basis. There are no adopted policies or guidelines for that selection. Mayor Holt declared nominations open for Mayor Pro Tern. Council Member Henderson nominated Council Member Perkins. Mayor Holt nominated Council Member Adolph. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 5 December 3, 1996 Voting Ballot No.1 Council Member Adolph voted for Council Member Adolph Council Member Henderson voted for Council Member Perkins Council Member Perkins voted for Council Member Perkins Council Member Sniff voted for Council Member Perkins Mayor Holt voted for Council Member Adolph MOTION It was moved by Council Members Sniff/Henderson to appoint Council Member Perkins as Mayor Pro Tem. Motion carried unanimously. MINUTE ORDER NO. 96-180. SELECTION OF REPRESENTATIVES TO VARIOUS COMMITTEES/BOARD Council Member Henderson suggested rotating the Chamber of Commerce Workshop/Information Exchange Committee membership amongst all Council Members as was the consensus of Council during a previous discussion. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that it would become a Council committee if two Council Members are appointed. There are less problems with the Brown Act when only one Council Member is appointed. Council Member Sniff stated that the committee meets bi-monthly and he wasn't sure how it would work on a rotational basis. Council Member Henderson suggested rotating after every three meetings and questioned why the Chamber meetings are held at City Hall with City staff taking the minutes and Council Member Sniff serving as the Chairman. Council Member Sniff advised that he has served as Chairman at the request of the Chamber. MOTION It was moved by Council Members Perkins/Adolph to appoint Council Member Henderson to serve for the first three months and C6uncil Member Sniff for the next three months and then rotate until next December motion was amended below). BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 6 December 3, 1996 Mayor Holt questioned the appointment of Council Member Sniff who has already served on the committee, since the idea of rotation was to provide input to the Chamber from all Council Members. Council Member Sniff advised that the committee has become more focused and he felt that the purpose had gone beyond providing input Michelle Dallas, 51-351 Avenida Bermudas, Executive Director of Chamber of Commerce, advised that it was their original intent to have an interchange between the Chamber, Council, and Planning Commission, but its become more focused, especially in the area of business retention and economic development They are mainly trying to find the Chambers niche in the City's new Economic Development Plan. She felt that Council Member Sniff has done an excellent job in helping them keep focused. They meet bi-monthly unless something additional comes up. Council Member Adolph felt that the idea of rotation was good and volunteered to serve, but didn't have a problem either with Council Member Sniff continuing to serve on the committee. Council Member Henderson felt that the entire Council should have the opportunity to interact with the Chamber. Council Member Perkins amended the motion to read as follows: MOTION It was moved by Council Members PerkinsAdolph to rotate membership on the.Chamber of Commerce Workshop/Information Exchange Committee after every three meetings and to appoint Council Member Henderson to serve for the first three meetings. Council Member Henderson suggested setting up a rotation now instead of having to discuss the appointment again in six months. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.96- 181. MOTION- It was moved by Council Members Perkins/Adolph to confirm that all other committee memberships remain the same. Motion carried unanimously. MINUTE ORDER NO.96-182. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 7 December 3,1996 2. CONSIDERATION OF AUTHORIZATION TO NEGOTIATE A CONTRACT FOR ENVIRONMENTAL CONSULTATION SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE MIXED REGIONAL COMMERCIAL DEVELOPMENT ON HIGHWAY 111 AND ADAMS STREET. Mayor Holt abstained due to a conflict of interest and left the dais. Mr. Herman, Community Development Director, advised that on October 1, 1 996, Council authorized staff to distribute an RFP for the preparation of an EIR for a mixed regional commercial development on Highway 111 and Adams Street. The Selection Committee reviewed 16 proposals and has recommended the consulting firm of Impact Sciences, Inc. Staff recommends that a service contract be negotiated with Impact Sciences, Inc. and that the City Manager be authorized to sign the contract. He advised that the fee for the consulting services would be paid by the developer. MOTION It was moved by Council Members Sniff/Henderson to authorize the negotiation of a Service Contract for the preparation of an Environmental Impact Report EIR) with the consulting firm of Impact Sciences, Inc. and authorize the City Manager to sign the contract. Motion carried unanimously with Mayor Holt ABSENT. MINUTE ORDER NO.96-183. 3. CONSIDERATION OF ADOPTION OF URGENCY ORDINANCE AMENDING SECTION 12.56.030(C) OF THE LA QUINTA MUNICIPAL CODE REGARDING TRUCKS ON RESTRICTED STREETS. Mr. Vogt, Public Works Director, advised that on November 19, 1996, the Council received several complaints from residents in the Sagebrush Avenue area regarding the large construction trucks that have been using Sagebrush Avenue to gain entry to the construction site in Rancho La Quinta. Staff was directed to determine the City's ability to authorize alternate truck routes for the delivery and pick up of material and equipment. In 1994, an ordinance was adopted that restricted use of certain streets to improve the City's effort to lengthen the service life and reduce maintenance costs of residential streets and staff recommended that the City Code be further amended to allow the Public Works Director authorization to designate streets for delivery of construction materials. The additional language would read, provided the route utilized by the delivery vehicle has been authorized for such use in writing by the Public Works Director or designee." The street construction for the project has been completed, but construction on the homes is expected to begin in March 1 997. Staff will look for the safest route for the construction trucks to use at that time. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 8 December 3, 1996 Council Member Adolph felt that the residents were mainly concerned about the trucks using the street while children are going to and from school and Mr. Vogt advised that staff would keep that in mind in determining the haul route. Jole Wilson, 49-100 Marimba Court, appreciated Council taking action on this so quickly, but was concerned that nothing would change unless staff is directed to find an alternate route for the trucks. Susan Avise, 78-710 Via Sonata, was concerned about the safety of the children who use that street to go to and from the only bus stop in that area. She asked that the trucks be denied access to those streets, noting that they also exceed the speed limit. Tom Cullinan, 73-385 Juniper, Palm Desert, Project Manager for Rancho La Quinta, was confused about the ordinance and didn't understand how under its enforcement, anything could be built on the vacant lots that exist in developed areas. He questioned how they were supposed to begin construction on their 98 homes at the end of Sagebrush Avenue within the next two weeks if they are denied access to that street. In response to Council Member Adolph, Mr. Cullinan advised that they could use Avenue 48 once it's paved, but it's a long way from the construction site and the Rancho La Quinta residents would then complain about the trucks using those streets. He felt that they have a right to use Sagebrush Avenue because it's a public street. Mr. Vogt advised that the recent speed study showed the 85th percentile to be at 25 mph. The City cannot land lock a construction project, but the proposed amendment will allow a preferred route to be designated based on safety and maintenance/wear ability of the streets. He advised that staff would work with the parties involved to determine the best route. In response to Council Member Henderson, Mr. Vogt advised that the construction site can be accessed through Rancho La Quinta's front entrance or Avenue 48 could be covered with some type of decomposed base to provide an all-weather access to the 98 lots. Avenue 50 could also be used, but is not recommended. He advised that Sagebrush Avenue and the adjoining streets are 30'-36' wide and they don't have sidewalks. Council Member Henderson was unhappy about the trucks using Sagebrush Avenue and felt that an alternate route should be established, noting that either the residents on Sagebrush or the residents in Rancho La Quinta are going to have to deal with the truck traffic. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 9 December 3, 1996 Council Member Adolph noted that Sagebrush Avenue is Rancho La Quintas best access to the construction site and is in better condition and wider than the adjoining streets. Council Member Perkins felt that access through Sagebrush Avenue could be denied since alternate routes exist. He felt that homeowners in gated communities expect to deal with construction traffic if the tract is still under development, but the homeowners in the Sagebrush area are not part of that development. An alternate route may not be the most convenient for the developer, but he was very concerned about the safety of children and the condition of the street. He felt that the residents have a legitimate concern and that the City should come up with an alternate route to get the trucks off of their streets. Mr. Cullinan noted that the traffic on Sagebrush Avenue would increase when the development is completed and asked if the restriction would be for vehicles over three tons only to which Mr. Vogt responded yes. Council Member Sniff felt it was clear that Council wishes for this matter to be dealt with efficiently, minimizing the traffic on Sagebrush Avenue, if not all of the construction traffic, and working with Rancho La Quinta to find an alternate route. Council Member Henderson suggested that Rancho La Quinta use their safety meetings to stress these safety concerns to their employees who use these streets. Ms. Honeywell, City Attorney, advised of a correction in the ordinance, pointing out that it will go into effect immediately upon adoption instead of after 30 days as stated in the draft. It was moved by Council Members Sniff/Adolph to take up Ordinance No. 291 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.291 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 12.56 OF THE MUNICIPAL CODE. It was moved by Council Members Sniff/Adolph to introduce and adopt Ordinance No. 291 as an urgency ordinance. Motion carried by the following vote: BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 10 December 3, 1996 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 4. CONSIDERATION OF 1996/97 CULTURAL COMMISSION WORK PLAN AMENDMENT. Mr. Weiss, Assistant City Manager, advised that the Cultural Commission is requesting approval of an amendment to their work plan; They have discussed implementation of priority number 1 which is the preparation of the Cultural Arts Master Plan and wish to host a valleywide conference in January 1 997 to be followed up by community workshops throughout the year. Council Member Henderson pointed out that the work plan was revised once already this year and questioned why it had been reviewed again so soon. She felt the work plans should be reviewed only on an annual basis. Mr. Weiss advised that that had been discussed by the Commission, but the consensus was to submit these revisions based on the work that has already transpired. Council Member Henderson wished to see the Cultural Commission prepare a directory of services that are currently provided in the community as well as interact with other cultural organizations, noting that annual summit meetings might be in order. The services should be so they can be explored and understood. lts hard to fill a need without first knowing what you have. Mayor Holt suggested that Council discuss this further during their discussion of the commissions in January. MOTION It was moved by Council Members Sniff/Adolph to approve the 1 996/97 Cultural Commission Work Plan Amendment. Motion carried unanimously. MINUTE ORDER NO.96-184. 5. CONSIDERATION OF LIBRARY OPTIONS. Mr. Weiss, Assistant City Manager, advised that if the Council wishes to withdraw from the County Library System it must take action by December 31, 1 996 for the formal transfer to become effective during 1997. According to County staff, a mid-year transfer can also be negotiated through a property tax BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 11 December 3,1996 transfer agreement. The City generates over $512,000 annually to the library system, but the County is projected to spend only $136,161 on the La Quinta Branch Library during 1 99697. Several cities have withdrawn from the County Library System, but no clear precedent for withdrawing seems to exist. Staff recommended monitoring of the library services within the County Library System for the present time. Council Member Henderson advised that the first meeting of the Library Zone Advisory Board ZAB) was held last week with several cities voicing discontent with the County Library System and most are planning to send letters of intent to withdraw. The options that the County may consider should the City of Riverside decide not to renew their contract are to ask Riverside to extend their contract, distribute an RFP for library services, or handle the system in-house. She felt that the December 31st deadline for withdrawing was questionable and advised that most cities are seriously considering giving letters of intent to withdraw to retain their rights to negotiate. Mr. Weiss advised that a notice of withdrawal sets up the action for the distribution of property taxes. The City is obligated to notify the community of its intent prior to taking action, but can notify the County of these discussions prior to taking formal action. Council Member Henderson felt that things changed rapidly with the City of Riverside's action and that the City should issue something in writing to the County. Perhaps action could wait until the next meeting, but in the meantime, the County doesn't know what they're going to do and the City is affected by their actions. Council Member Perkins felt that the City should give notice and protect its position until a decision is made, noting that the City's not getting much for its money right now as it relates to library services. Council Member Adolph agreed and felt that the City should pick up the services where the County system leaves off. The library should be expanded, not detracted from. MOTION It was moved by Council Members Sniff/Adolph to direct staff to proceed with efforts to monitor, analyze, and encourage enhancement of library services in La Quinta with the County Library System for the present time and communicate with the County and report back to the City Council periodically. Motion carried unanimously. MINUTE ORDER NO.96-185. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 12 December 3, 1996 6. CONSIDERATION OF ADOPTION OF RESOLUTION RECITING THE FACTS OF THE CITYS SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1996. Mrs. Juhola, City Clerk, advised that the official canvass from the County Election Department reports that 55.7% of the voters voted in favor of the Charter and she recommended that Council adopt a resolution reciting the facts of the election. RESOLUTION NO.96-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 5TH DAY OF NOVEMBER 1996, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. It was moved by Council Members Perkins/Sniff to adopt Resolution No.96-89 as submitted. Council Member Perkins expressed appreciation to staff for their work on this and for the voters who supported it. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 3.1996. 2. APPROVAL OF AGREEMENT FOR SPECIAL SERVICES WITH LIEBERT, CASSIDY, & FRIERSON FOR LEGAL SERVICES RELATED TO PERSONNEL. This item was pulled from the agenda. See Confirmation of Agenda.) 3. APPROVAL OF RECLASSIFICATION OF THE COMMUNITY SAFETY MANAGER POSITION FROM RANGE 64 TO RANGE 63. 4. ADOPTION OF A RESOLUTION ACCEPTING DAILY PASSES FROM KSL TO THE DINER'S CLUB MATCHES TO BE HELD AT PGA WEST DECEMBER 9-15, 1996. ADOPTION OF RESOLUTION ACCEPTING DAILY PASSES FROM KSL TO THE LEXUS CHALLENGE GOLF TOURNAMENT TO BE HELD AT THE CITRUS COURSE DECEMBER 17-21, 1996. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 - City Council Minutes 13 December 3, 1996 MOTION It was moved by Council Members SniffiHenderson to approve the Consent Calendar as recommended and amended with the deletion of Item No. 2 and with Item Nos. 4 and 5 being approved by RESOLUTION NOS. 96-90 and 96-91 respectively. Motion carried unanimously. MINUTE ORDER NO.96- 186. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS C. V. Regional Airport Authoritv Council Member Henderson reported that a meeting of the Airport Authority would be meeting on December 9, 1 996 in the Council Chamber in La Quinta, C. V. Mountains Conservancv and MRFlTransfer Station Task Force Council Member Sniff advised that the meetings were pending for both groups. All other reports were noted and filed. DEPARTMENT REPORTS A-2. UPDATE ON NEGOTIATIONS WITH MANUEL ABARCA REGARDING TWO- STORY BUILDING PERMIT NO. 9611-024 Mr. Genovese, City Manager, advised that the City attempted to negotiate a settlement with Mr. Abarca and offered him $35,000, but the offer was refused. E-1 UPDATE ON THE LANDSCAPE ISSUES AT WAL-MART & MCDONALDS RESTAURANT. Council Member Perkins asked if staff had spoken to Wal-Mart about receiving proper instruction in regards to topping trees to which Mr. Herman, Community Development Director, responded yes. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 14 December 3, 1996 MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION OF CITY COUNCIL DECORUM. Council Member Perkins expressed concern about what's been happening on the Council over the last two weeks. He was concerned and upset that the Mayor had accused the Council of violating her civil rights, noting that he's a strong believer in civil rights. He was also concerned about her statement in a memo to the Council that she would have no alternative but to seek legal counsel if this continues and he stated that he doesn't like to be threatened. A few weeks ago he asked the Mayor to abstain on the Stamko Development MOU, but she chose to chair the meeting instead and to make her decision about abstaining when it came time to vote. During that discussion, Council Member Holt from lndio threatened La Quinta with legal action. He didn't know if Mr. Holt's comments were made on the behalf of lndio's City Council or not, but he felt that a gross mistake had been made. He felt that the City's conduct with lndio has been in proper form all along and questioned why the City should have to put up with being threatened by Indio and their attorney. He advised that the Mayor indicated at that meeting that she would abstain on the vote to avoid an appearance of conflict or divided loyalties and even though she was elected by one of the largest majority votes in the City, he felt that he must ask her where her loyalties are because he didn't know and he commented that Jeff Holt gave an lndio address when addressing the Council. He felt that the Mayor had placed this Council in a terrible position and hamstrung them in the future. He questioned lndio's challenge of La Quinta. He has never been in the position of having to publicly criticize his Mayor before and advised that he does so hesitantly at this time, but felt that the Mayor's comments have put the Council in a position of having to do something. The Mayor had a gentlemen's agreement" with this Council to not participate in any issue involving the City of lndio. Not having seen confidential" stamped on the envelope containing the Mayor's memo, he considered sending it to the Desert Sun, but didn't. He didn't like being referred to as the Mayor's Council," noting that the Council belongs to the people. He also didn't like being told that he's done something dishonorable. He felt that if lndio did not send Jeff Holt to speak on their behalf, that it was a setup. He begged the Mayor to step down and resign her position on the Council. Mayor Holt stated that the memo last March singled her out, but she agreed to it because the City Attorney stated that Council could adopt a policy to assure her abstention. She commented that she was publicly criticized by Council Member Perkins for attending a valleywide JPA meeting. She would have continued honoring the gentlemen's agreement," but felt that it was BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 15 December 3, 1996 broken when a Council Member went on television stating that her failure to vote made her ineffective on the Council. She felt that her integrity has never been in question by the community, noting that its the Council who has told her what she can and cannot vote on, not the citizens. She has no intention of voting on the auto mall, but will abstain by choice, pointing out that shes accountable to the 6citizens of the community, not the Council. She felt she should be represented by her own legal counsel if the Council wishes to challenge this. Council Member Henderson asked if the Council would continue to not know which issues she would abstain on. Mayor Holt advised that its her decision, not the Council's. She doesn't tell other Council Members what they can or cannot vote on. Council Member Henderson stated that people have approached her with concerns about this, therefore, her concerns are on their behalf. Council Member Adolph felt that Council decorum is broken many times by this Council, referring to limitation on debates in Section 4.8 of Council's Rules of Procedure which states that no Council Member should speak for longer than five minutes on an issue without allowing other Council Members the opportunity to speak. The entire Council violates this rule and he wished to get it back into use. Council Member Sniff felt that this is an awkward situation. Council made a good faith measure to deal with this issue in a sensitive way and he felt that it's unfortunate that it's been perceived in another way. However, Council must deal with the current reality. He was willing to work with the current situation and felt that each Council Member should step aside whenever conflicts exist and should operate in good faith. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 16 December 3,1996 CLOSED SESSION 1 Conference with City's real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and or disposition of real property located south of Highway 111, between Adams Street and Dune Palms Road. Property Owner Negotiator, Christine Clarke. 7:00P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. DEVELOPMENT AGREEMENT NO. 96-001 BY AND BETWEEN THE CITY OF LA QUINTA, HOME DEPOT, INC., AND CREDIT SUISSE LEASING 92A, L.P. Mayor Holt abstained due to a conflict of interest and left the dais. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the proposed Development Agreement between the City of La Quinta, Home Depot, Inc., and Credit Suisse Leasing 92A, L.P. is for a project located at the northwest corner of Highway 111 and Jefferson Street. The Specific Plan and Conditional Use Permit were approved by Council on September 17, 1 996, and are for a 216,802 sq. ft. commercial/retail development that will be completed in two phases. The City proposes to sublease property improved with regional public improvements for a total leasehold value of $880,000 pIus 8% interest per annum over a maximum of 12 years. The Development Agreement assures the City that the public improvements will be constructed and that the developer will provide improvements that are above current City standards. The Planning Commission recommended approval of the Development Agreement on November 26, 1996. Joe Mulleneaux, 80-105 Vista Grande, was concerned about the traffic and noise from this development, noting that residents in the area already have a hard time entering Jefferson Street and the Home Depot entrance off of Jefferson Street will make it worse. He felt that the entrance should be at Highway 111 and that a wall should be built on Jefferson Street to block the BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 17 December 3, 1996 noise from delivery trucks and to keep the trash from blowing over into their neighborhood. He pointed out that the loading docks at Albertsons and Wal- Mart face the west and he questioned why they face east toward the street at Home Depot. DorothV Taul, 80-140 Vista Grande, was concerned about the area of Home Depot that will face her property, noting that the same area at the Rancho Mirage store looks trashy. She felt that it would decrease their property values and stated that it's unacceptable, noting that they purchased property here because of the nice neighborhoQd. She also felt that a traffic signal was needed because of the school bus stop. Jon Sievers, 80-125 Vista Grande, read a letter signed by 28 residents of Vista Grande who feel that this project will impose unreasonable traffic, safety, and aesthetic impacts on them and asked that the Development Agreement not be approved until their concerns are addressed and resolved to their satisfaction. The exit on Jefferson Street at Vista Grande is the only northbound exit from Home Depot and will cause traffic flow problems in the parking lot and at the intersection. They asked that the developer be required to prepare a current traffic impact analysis and that a traffic signal be installed prior to the opening of Home Depot. They also asked that the northeast entrance be redesigned to shield the view of the loading dock from Vista Grande, mitigating the negative visual effect by constructing walls and planting mature landscaping. He felt that the City has compromised on the parking requirements and that it will cause congestion problems. Jancie Sievers, 80-125 Vista Grande, was concerned about the northeast exit, noting that it's already a busy intersection with limited visibility and high vehicle speeds. She was also concerned about the visual impact of the loading docks and the trash blowing from that area. William Campbell, 80-120 Vista Grande, advised that the residents on Vista Grande are interested in maintaining their property values. He felt that larger trees on the project would help obscure the view and mitigate the noise problems, noting that it will take five years for the smaller trees proposed for the project to achieve the same effect. He felt that it's a good project, but theres a need to make the best of a bad situation and make it a win/win situation for everyone. Carl Ache, 80-140 Vista Grande, was concerned that it will turn into a swap- meet-type situation that will downgrade the neighborhood. He also wished to see a traffic signal installed at Vista Grande prior to the opening of Home Depot. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 18 December 3,1996 Wally Reynolds, 79-860 Fiesta Drive, hoped for some type of damage control as it relates to dumpsters, lighting, etc. for the homeowners on Fiesta Drive who will be looking down on the backside of Home Depot. He was also concerned about the traffic problem at the Vista Grande intersection and questioned what happened to the proposed signal or stop sign. Len Henderson, 80-020 Vista Grande, wasn't opposed to commercial development, but asked that the loading docks be redesigned to face away from the street and that a traffic signal be installed at the Vista Grande intersection. He advised that the traffic study was done in July that indicated that warrants were not there for a traffic signal at this time, but sometimes it takes 1 5 minutes to turn left onto Jefferson Street from Vista Grande. Richard Smith, 225 S. Civic Drive, Suite 1-5, Palm Springs, Planning Consultant for Smith, Peroni, & Fox, and representative for the adjacent property owner, questioned the relocation of the traffic signal on Highway 111, noting that previously it was to be located at the common property line between Home Depot and his client's property, but sometime after the Planning Commission hearing, it was moved easterly approximately 200 feet. His client will now have to travel through Home Depot's parking lot to reach his property until an unobstructed access is constructed in Phase 2 of the project which could be a number of years. They would still like to have the traffic signal at the common property line, but if it's determined that the signal must be moved, they wish to note for the record that they wish to have this issue brought back before the Planning Commission and City Council if the City Engineer and City Attorney are unable to resolve it as noted in Section B-2 of the Development Agreement. There being n6 one else wishing to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. In response to Council Member Adolph, Mr. Herman advised that the Vista Grande and Home Depot exit entrance intersection will be a full movement intersection. It doesn't meet traffic warrants for signalization at this time, but the conditions of approval call for Home Depot to install a signal when those warrants are met. Council Member Adolph thanked the residents for their comments, noting that he, too, was concerned about visibility of the loading dock when Council reviewed the project, but was assured by staff and the applicant that it would be heavily landscaped to screen it from Jefferson Street except at the entrance. He plans to make sure that the condition is followed through because he has a major problem with it. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 19 December 3,1996 In response to Council Member Sniff, Mr. Herman advised that the Environmental Assessment was certified by Council on September 17, 1996. The trees within the landscaping are required to be 24-inch box trees with a trunk diameter of 2Y2 to 3Y2' at six inches above ground and the trees along the block wail on the north side will be 36-inch box trees. An extra effort has been made to insure that the trees are of significant size and nature to provide adequate screening and steps have also been taken to insure that the property is properly maintained for aesthetic appearances. Two accesses will exist on Jefferson Street; one will be a right-in, right-out access and the other one will line up with Vista Grande. The Vista Grande intersection does not meet traffic warrants for a signal at this time, but once the warrants are met, one will be installed. The traffic study was conducted in July, but a factor was added in for the season and it still failed to meet warrants for a signal. Staff will continue monitoring the intersection. In regards to the traffic signal on Highway 111, Home Depot will install a signal approximately 200 feet east of the common property line. The timing of Phase 2 is uncertain at this time, but it will be brought back to Planning Commission for review and adequate access to the west will be addressed. He advised that CalTrans agreed to support the quarter-mile spacing for traffic signals on Highway 111 and Home Depot has been required to redesign their project accordingly. Although the signal does not line up with the common property line on the north side of Highway 111, it does line up with the property on the south side and Mr. Smiths property will have access to that light. The idea is to locate the signal in the best place for both sides of the street and movement between the long, narrow lots on the south side needs to be created. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that Council will have the opportunity to review the easement during the review of Phase 2, but an initial easement agreement is required to guarantee access to the property during Phase 1. Council Member Henderson pointed out that the residents have expressed their concerns throughout the entire review of this project and she felt that most of their concerns were being addressed. The underground wiring for the signal at Vista Grande will be in place so that installation wont be delayed once the warrants are met. In response to Council Member Henderson, Mr. Herman advised that the wall on the north side will be eight feet high and the lighting will be designed to shine down onto the parking lot and not across the storm channel. The number of parking spaces provided by the developer exceed the City's standards. A bermed parking lot, small walls, and heavy vegetation will be used to screen the development from Jefferson Street. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 20 December 3, 1996 In response to Council Member Henderson, Ms. Honeywell advised that the easement agreement would have to be approved by both parties, but she felt that they already had a concept as to where that easement should be. Mr. Herman advised that the property owner to the west will have an opportunity to review the plans for Phase 2 during the review process and will be able to see where the driveway connects to his property, noting that changes could be required at that time if needed. If the developer to the east builds prior to Phase 2, they will be establishing the location of the driveway. Council Member Henderson noted that the City has had some experience recently with development along Highway 111 and she feels that Council is learning how important it is to stay on top of the problems before they get out of hand. She felt that the City would do all they could to make this a liveable and attractive project for everybody. In response to Mayor Pro Tem Perkins, Mr. Herman advised that the traffic study on Jefferson Street took into account both phases of this development as well as developments within lndio's city limits. In response to Mayor Pro Tem Perkins, Ms. Honeywell advised that the purpose of the Development Agreement is to set in place all of the planning requirements for Phase 1, but there will be some flexibility in Phase 2. In response to Council Member Adolph, Mr. Herman advised that the trees would be evergreen trees. Mr. Mulleneaux stated that due to his years of experience in construction, he didn't feel that 1,000 trees would block the loading docks. They prefer to not have an entrance on Jefferson Street at all, but asked that at least a wall be constructed. Mr. Smith didn't understand why the property owners, staff, and CalTrans couldn't sit down together and discuss the location of the traffic signal on Highway 111, noting that his client has always counted on having a left turn exit out of his property. Mr. Henderson questioned the orientation of the loading docks. Mr. Sievers advised that they didn't receive any notice of the meetings of September 17th or November 26th. This has been their only forum as they spoke briefly at the July meeting, but were not allowed to speak at the August meeting. The traffic study and the City of lndio both recommended installation BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 21 Oecember 3,1996 of a traffic signal at Vista Grande and he asked that the study be conducted again during the season. He noted that Phase 2 was not considered at all. He urged the Council to not adopt the ordinance and to direct staff to meet with the residents to sort it all out, noting that they're unhappy with how the whole situation has been conducted. In response to Council Member Sniff, Mr. Herman advised that the same mailing list for notices was used for both the Planning Commission and City Council meetings and they were published in the newspaper. Council Member Sniff felt that the City has made every effort to make this a good project with the elimination of the gas station and the requirement for additional landscaping. Staff will also be monitoring the traffic on Jefferson Street on a frequent basis. He felt that the City would show every due diligence to make sure that every condition of the project is met and he saw no reason for not moving forward with the project. In response to Council Member Henderson, Mr. Herman confirmed that the traffic signal on Highway 111 would be installed during Phase 1. Greg George, 601 S. Placentia Street, Fullerton, representing the applicant, advised that they would make every attempt to block the view of the recessed loading dock and that their only dumpster would be underground. They're willing to work with Mr. Smith regarding the lining up of the traffic signal on the border of his client's property if needed, but understood that CalTrans wouldn't allow it. The underground wiring for the traffic signal on Jefferson Street will be in place as well as a bond for its installation. They've made a large commitment for landscaping, including the northwest corner that will be used by the City for their entry sign. He advised that the garden center at this store would be larger than the Rancho Mirage store which should enable them to keep everything inside. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.292 by title and number only and waive further reading. Motion carried unanimously with Mayor Holt ABSENT. ORDINANCE NO.292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO.96-001 BY AND AMONG THE CITY OF LA QUINTA, HOME DEPOT USA, INC., AND CREDIT SUISSE LEASING 92A, L. P. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 22 December 3, 1996 It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 292 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: None ABSENT: Mayor Holt ABSTAIN: None 2. CONSIDERATION OF APPROVAL OF THE FINAL DRAFT OF THE COUNTY- WIDE INTEGRATED WASTE MANAGEMENT PLAN. The Mayor declared the PUBLIC HEARING OPEN. Mr. Baker, Principal Planner, advised that the Countywide Integrated Waste Management Plan includes the Summary Plan and Siting Element as well as the Source Reduction & Recycling Element, Hazardous Waste Element, and Nondisposal Facility Element of all the cities and the County. Staff recommended that a resolution be adopted approving the final draft of the Plan. In response to Council Member Adolph, Mr. Baker advised that the Plan must be approved by a majority of the cities with the majority of the population to receive State approval. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph advised that Palm Desert has met with the people involved with their waste-hauler programs to discuss the various programs and he felt that La Quinta should communicate with Waste Management to find out how they feel about this program. It's imperative to find out if those who deal with the City's trash have a problem with this plan or if they have a better method. He has a problem approving something that he's not totally conversant on. Council Member Sniff felt that the City should move forward with this and that Waste Management would feel free to offer their comments if they had a problem with it. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 23 December 3, 1996 RESOLUTION NO.96-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FINAL DRAFT OF THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN INCLUDING THE COUNTYWIDE SUMMARY PLAN AND THE COUNTYWIDE SITING ELEMENT. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 96-92 as submitted Motion carried with Council Member Adolph voting NO. 3. ADOPTION OF SERVICE FEES INCLUDING THE PROCESSING OF APPLICATIONS. The Mayor declared the PUBLIC HEARING OPEN. Mr. Falconer, Finance Director, advised that on November 5, 1996, Council continued the public hearing on the adoption of service fees and processing of applications. In briefly reviewing three follow-up items from that meeting, he stated that correspondence was sent to Mr. Kibbey of the Building Industry Association in regard to his concerns. Regarding a waiver of fees for some of the non-profit organizations as suggested by the Chamber of Commerce and La Quinta Arts Foundation, it has been determined that the City would have to waive fees for all such organizations. He further advised that an analysis of how the proposed fees would compare with other cities' fees revealed that the fees proposed by DMG would make La Quinta's the highest in the valley. Therefore, the fees were adjusted accordingly, based on input from the Community Development Director, and provided for Counciis review. In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised that a waiver of fees for non-profit organizations must not be discretionary. The Council would have greater discretion by handling the fees through City contracts with these organizations or through a grant process. Council Member Henderson asked if a waiver of fees for all non-profit organizations located in the City would be allowed to which Ms. Honeywell responded yes. Council Member Henderson supported building any such waiver into the contracts or using the grant process. Council concurred. In response to Council Member Adolph, Mr. Falconer advised that the Community Development Director felt that the revised fees are more in line BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 -City Council Minutes 24 December 3, 1996 with the market and are reasonable based on services provided. Under the revised fee schedule, the projected increase in revenues decreased from $74,331 to $43,052. Mr. genovese, City Manager, advised that DMG's recommendation was more technical in nature and staff's analysis is more user-friendly to remain competitive with the other cities in the valley and to be consistent with the City's Economic Development Plan. Council Member Perkins felt that the current process of charging for fees and approving grants is a cleaner process. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 88-103. ESTABLISHING COMPREHENSIVE FEE SCHEDULE FOR PERMITS, PLAN REVIEWS, AND OTHER ACTIVITIES UNDERTAKEN PURSUANT TO BUILDING AND CONSTRUCTION REGULATIONS. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 96-93 as submitted. Motion carried unanimously. RESOLUTION NO.96-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, AMENDING RESOLUTION NO.96-77, ADOPTING THE FEE SCHEDULE TO TITLE 9 THE MUNICIPAL CODE. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 96-94 as submitted. Motion carried unanimously. RESOLUTION NO.96-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. AMENDING RESOLUTION NO.83-6. ADOPTING REVISED FEES RELATIVE TO SUBDIVISION MAP CHECKS, PLAN CHECKS, ENCROACHMENT PERMITS, AND OTHER FEES. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 96-95 as submitted adopting staff's recommended fees) Motion carried unanimously. BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02 - City Council Minutes 25 December 3,1996 RESOLUTION NO.96-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO.89-121, ESTABLISHING FEES FOR DOG LICENSES AND ANIMAL IMPOUND FEES. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 96-96 as submitted. Motion carried unanimously. 4. CERTIFICATE OF APPROPRIATENESS NO. 96-OO TO APPROVE THE REHABILITATION AND SEISMIC RETROFIT OF THE HISTORIC KIENER BUILDING AND SHED AS RECOMMENDED BY THE HISTORIC PRESERVATION COMMISSION. This item was recommended for continuance as noted in the Staff Report MOTION It was moved by Council Members Sniff/Adolph to continue Certificate of Appropriateness No. 96-002. Motion carried unanimously. MINUTE ORDER NO. 96-187. Council recessed to Closed Session as delineated on Page 15. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. AUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-08-1997-U01 02:35:17PM-U01 CCMIN-U02 12-U02 03-U02 1996-U02