Loading...
1995 12 05 CC Minutes LA QUINTA CITY COUNCIL MINUTES December 5, 995 Regular meeting of the La Quinta City Council on December 5, 1995 was called to order at the hour of 3:00p.m. by Mayor Bangerter, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Perkins, Sniff, Mayor Bangerter ABSENT: one vacancy) CONFIRMATION OF AGENDA Mr. Genovese, City Manager, requested that an item be added to the agenda to consider a donation of passes to the Lexus Challenge Golf Tournament that will be held December 13-16, 1995, prior to the next Council meeting. The passes were received after the agenda was posted. MOTION It was moved by Council Member Perkins/Adolph to add as Business Session Item No.4, the consideration of passes to the Lexus Challenge Golf Tournament as the need to take action arose after the agenda was posted. Motion carried unanimously. MINUTh ORDER NO. 95-207. APPROVAL OF MINUThS MOTION It was moved by Council Members Adolph/Perkins to approve the City Council Minutes of November 21, 1995 as submitted. Motion carried unanimously. None None Ms. Audrey Ostrowsky P.O. Box 351, spoke regarding a letter she sent to the Council about her property being used without her consent as a parking lot during the La Quinta Arts Festival and asked the Council to respond to her letter. She also felt that the financial records of those non-profit organizations receiving support from the City should be checked. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 2 December 5, 1995 REGARDING COUNCIL VACANCY. Noted and filed. BUSINESS SESSION I. CONSIDERATION OF ADOPTION OF RESOLUTION ESTABLISHING A VEHICLE IMPOUND COST RECOVERY FEE. Mr. Hartung, Building and Safety Director, advised that the proposed resolution establishes a $52.87 fee for towing of vehicles by the City to offset the administrative costs of impounding such vehicles. In response to Council Member Adolph, Mr. Hartung advised that the cost is based on current wages and could be reviewed and adjusted on a periodic basis. In response to Mayor Bangerter, Mr. Hartung advised that the fee could be waived when extenuating circumstances exist. The recovery of administrative costs is for the Sheriff's Office only and does not include the involvement of code enforcement personnel which is usually very limited. He advised that it could be monitored and the fee adjusted in the future if needed. RESOLUTION NO.95-92 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING A VEHICLE IMPoUND COST RECOVERY FEE. It was moved by Council Members Adolph/Perkins to adopt Resolution No.95-92 as amended changing the recovery fee to $60.00. Motion carried unanimously. 2. CONSIDERATION?ON OF FILLING COUNCIL VACANCY. Mrs. Juhola, City Clerk, advised that the Council has 30 days from December 4th to make an appointment or call for a special election. If a special election is called for at this time, the earliest election date would be April 9, 1996. In response to Council Member Perkins, Mrs. Juhola advised that if an election is called on December I?19TH, the election date would change to June 4, 1996. The cost of an election would be $25,000, whether held in April or June. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 3 December 5, 995 Council Member Adolph asked if there was enough time to solicit applications and hold interviews on December 19th to which Mrs. Juhola responded yes. Mr. Ned Millis, 54440 Avenida Carranza, urged the Council to fill the vacancy quickly and supported Ms. Terry Henderson as the appointee, noting that the number of votes she received during the last election shows that she clearly represents a large portion of the community. Ms. Judee Cox, 78-315 Crestview Terrace, supported the appointment of Terry Henderson, pointing Out that she was chosen by the people as the runner-up candidate. She felt that some of the letters the Council received regarding the vacancy contained inaccurate information and proceeded to clarify some of the statements. She advised that Larry? Allen was appointed to fill the vacancy when Gene Abbott resigned because he was the runner-up in the election. She felt that candidates receiving less votes shouldn't be considered as losers. Ms. Terry Henderson, 54-711 Eisenhower Drive, read a letter from her son, John Henderson, in which he clarified what he felt was misinformation received by the Council regarding past Council appointments and urged the Council to allow the citizen's votes to count when they make the appointment. Ms. Pat Cross, 78-570 Saguaro Drive, encouraged the Council to forego a special election and listen to the voice of the people. She pointed out that only 39 votes separated the second and third place candidates during the last election and urged the Council to consider Terry Henderson for the Council vacancy. Mr. Ernie Brazil, 44-400 Buttercup lane, was opposed to the Council appointing someone who didn't go through the election process and urged the Council to appoint Terry Henderson since she received the third highest number of votes. Mr. Robert Tyler, 44-215 Villeta Drive, felt that this may be the most important decision the Council will make during the next two years and urged the Council to fill the vacancy as quickly as possible. He stated that no precedent has been set for making an appointment to a vacancy created by a council member being elected to the mayoral position and urged the Council to set the right precedent for such an action. He pointed Out the small margin between the three highest vote getters during the last election and felt that the results clearly show no overwhelming mandates. Re urged the Council to appoint the third highest getter of votes to the Council vacancy and felt that any other decision would be an insult to the candidates who ran for office as well as the voters. Ms. Terry Henderson, 54-711 Eisenhower Drive, advised that she is interested in the vacancy and has the time, ability, and commitment to handle the position. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 4 December 5, 1995 Mr. James Montgomery, 78483 CalIe Huerta, concurred with the other speakers, asking the Council to use their best judgement and appoint the third highest vote getter to the vacancy. Council Member Perkins commented that the Council has received a number of letters requesting that Terry Henderson be appointed to fill the vacancy and pointed out that she received only 39 votes less than the second highest vote getter. Re felt that different circumstances existed three years ago when the Council accepted applications to fill a vacancy than what are present at this time. Re stated that there were nine candidates who spent a great deal of time, money, and effort to campaign in the election and to appoint anyone other than the runner-up would be a slap in the face to the voters of LL Quinta as well as all of the other candidates, even though there may be other qualified people in the community. He supported making an immediate appointment because of the important issues the Council would be considering in the near future and pointed out that Terry Henderson has been sitting in the audience for some time and is familiar with these issues. He also pointed out that she received strong support during the election from residents in North La Quinta even though she lives in the Cove, which could help close the gap between the north and south areas of the City should she be appointed. He felt that a special election would be costly, but was opposed to opening up the position to applications. Council Member Adolph was opposed to calling for a special election because of the cost and length of time involved and felt that it's unfortunate that a decision couldn't be made prior to the election to automatically seat the runner-up to the vacancy. He felt that personalities, biases, and conflicts of interest get involved after the fact and cause problems. Re commended those who wrote letters to the Council requesting that Terry Henderson be appointed, but disagreed with the implications that it's his civic duty to vote for her. Re wished to pick the best person for the job and must go with his own convictions as to what is right. He didn't feel that it would be fair to those who supported Peter Zelles' appointment two years ago, to automatically appoint the runner-up this time since the Council didn't handle it that way last time. He felt that consistency is important and supported holding interviews to make an appointment. Mayor Bangerter advised that this is an uncomfortable and difficult decision that must be based on what's best for the City. She agreed with Council Member Perkins that the current situation is different from previous situations wherein the Council has made appointments. She supported the appointment of Terry Henderson because she felt that it's the right thing to do. She believed that many people in the community are qualified for the position, but understands herself the commitment that a campaign takes and that's why she supported the appointment of Terry Henderson. Council Member Sniff didn't feel that precedence exists because precedents continually change. He wished to open up the vacancy for applications and interview the applicants BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 5 December 5, 1995 on December I?19TH to make sure that all of the Council's options are examined. He wasn't sure that appointments have been handled in the best way in the past. Re was opposed to a special election because of the cost and time involved. Mayor Bangerter opened up the floor for nominations. Council Member Perkins nominated Ms. Terry Henderson. Motion failed on the following vote: AYES: Council Member Perkins, Mayor Bangerter NOES: Council Members Adolph, Sniff MOTION It was moved by Council Members Sniff/Adolph to solicit resumes immediately and set the date for interviews for December 19, 1995 with a closing date of December 12, 1995. Council Member Perkins felt that this action would be wrong and a slap in the face to the voters and those who campaigned in the election. Re didn't want to make a judgement call based on a 10 or 15-minute interview process that could become very political and would not support the motion. In response to Mayor Bangerter, Mrs. Juhola advised that a press release would be utilized to inform the public about the vacancy and application deadline. Motion failed on the following vote: AYES: Council Members Adolph, Sniff NOES: Council Member Perkins, Mayor Bangerter MOTION It was moved by Council Members Sniff/Perkins to continue the matter of filling the Council vacancy to December 19, 1995. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that a special meeting could be held if no decision is made on December I?. Mayor Bangerter felt that a deadline of December 12th for receiving applications was too soon and suggested having a special meeting after December 1?19TH. Council Member Perkins felt that the Council's failure to come to a decision on this was an injustice to the community. He reiterated his opposition to opening it up to receive applications and advised that he prefers going to a special election because it's a decision that should be made by the people, especially in a small city. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 6 December 5, 1995 Council Member Adolph didn't disagree with Council Member Perkins, but felt that the Council should follow the precedent set previously since the same people who set the precedent continue to sit on the Council. Council Member Perkins didn't feel that two wrongs make a right." Mayor Bangerter suggested that the deadline for filing applications could be extended to December 15th or 18th to allow more time for filing. She didn't want the matter to go to a special election because of a deadlock on the Council. Motion was withdrawn. MOTION It was moved by Council Members Sniff/Adolph to solicit resumes immediately and set the date for interviews for December 19th with a closing date of December 15, 1995. Council Member Perkins commented that the last election campaign was the best he's seen and appreciated the conduct of each candidate. Mayor Bangerter advised that she and Terry Henderson hold different points of view on some issues, but she felt that the vacancy belongs to her since she was the runner-up in the election. However, she felt that under the circumstances, opening up the vacancy to applications is the only way to avoid a special election. Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO.95- 208. 3. SECOND READING OF ORDINANCES. ORDINANCE NO.277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE MUNICIPAL CODE CHAPTER 2.65 ART IN PUBLIC PLACES.'? It was moved by Council Members Sniff/Perkins to adopt Ordinance No.277 on second reading. Motion carried by the following vOte: AYES: Council Members Adolph, Perkins, Sniff, Mayor Bangerter NOES: None ABSENT: None ABSTAIN: None BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 7 December 5, 1995 ORDINANCE NO.278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO.95-i OF THE CITY OF LA QUINTA. It was moved by Council Members Sniff/Adolph to adopt Ordinance No.278 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Perkins, Sniff, Mayor Bangerter NOES: None ABSENT: None ABSTAIN: None 4. CONSIDERATION?ON OF ADOPTION OF RESOLUTION?ON ACCEPTING PASSES TO THE LEXUS CHALLENGE GOLF TOURNAMENT. Mr. Genovese, City Manager, advised that the City has received passes to the Lexus Challenge Golf Tournament to be held on December 13-16, 1995. In response to Council Member Adolph, Mr. Genovese advised that similar passes have been received in the past and they serve the purpose of showing City support for the events. RESOLUTION NO.95-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING COMPLIMENTARY SEASON BADGES FOR THE LEXUS CHALLENGE GOLF TOURNAMENT. M?ON- It was moved by Council Members Sniff/Adolph to adopt Resolution No.95- 93 as submitted. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that no value has been set on the passes, but they won't have to be reported on Conflict of Interest forms since they're donated to the City. Council Member Perkins pointed out that such passes have been given to the Chamber of Commerce for distribution in the past. Council Member Sniff preferred to give them to staff for distribution. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 8 December 5, 1995 Council Member Perkins felt that the Council should determine the distribution and would not support the motion. Motion carried with Council Member Perkins voting NO. Council Member Perkins requested that Consent Calendar Item Nos. 2, 3 and 6 be pulled from the Consent Calendar for discussion. 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 5, 1995. 2. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 25363-1, TOPAZ & ASSOCIATES. 3. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITh RIVERSIDE COUNTY TRANSPORTATION?ON COMMISSION REGARDING MEASURE A" FUNDING GRANT. 4. APPROVAL OF EXEC?ON OF REIMBURSEMENT AGREEMENT WITH PETER MINISTRELLI FOR THE SPORTS COMPLEX LIGHTING SYSTEM. 5. AWARD OF CONTRACT FOR THE PURCIIASE OF PLAYGROUND EQUIPMENT FOR THE PALM ROYALE PARK PROJECT 954)7. 6. AWARD OF CONTRACT FOR WASHINGTON STREET/ HIDEAWAY 111 INTERIM IMPROVEMENTS PROJECT NO.954)8. 7. APPROVAL BILLBOARD RELOCATION AGREEMENT FOR HIGHWAY 111 AND WASHINGTON STREET IMPROVEMENTS. 8. APPROVAL OF OVERNIGHT TRAVEL FOR THE BUILDING AND SAFETY DIRECTOR AND TWO HUMAN SERVICES COMMISSIONERS TO ATT'END THE CALIFORNIA HEALTHY CITIES PROJECT ORIENT?ON SESSION" IN SAN FRANCISCO, FEBRUARY 8,1996. 9. ADOPTION OF A RESOLUTION APPROVING AN INTERCHANGE REIMBURSEMENT AGREEMENT. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar with the exception of Item Nos. 2, 3, and 6 with Item No.9 being approved by RESOLUTION NO.95-94. Motion carried unanimously. MINUTE ORDER NO.95- 209. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 9 December 5,1995 Rem No. 2 Re: Tract 25363-1 Council Member? Perkins was concerned that the developer be enforced to conform to the number of flags allowed by the City?s flag policy. M?ON It was moved by Council Members Perkins/Sniff to approve Consent Calendar Item No.2 Final Map for Tract 25363-1) as recommended. Motion carried unanimously. MINUTE ORDER NO.95-210. Rem No. 3: Re: MOU with RCTC Council Member Perkins would like to see signage posted that reflects the appropriate agencies involved with funding the project. M?ON It was moved by Council Members Perkins/Adolph to approve Consent Calendar Item No.3 MOU with RCTC regarding Measure A Funding Grant) as recommended. Motion carried unanimously. MINUTE ORDER NO.95-211. Item No.6 Re: Highway 111/Washington Street Interim Improvements Council Member Perkins advised that the information he needed is supplied in the supplemental report Just received. M?ON It was moved by Council Members Perkins/Adolph to approve Consent Calendar Item No.6 award of contract for Washington Street/Highway 111 interim improvements project) as recommended. Motion carried unanimously. MINUTE ORDER NO.95-212. STUDY SESSION 1. DISCUSSION OF ISSUES RAISED BY PROPERTY OWNER ADJACENT TO THE EQUESTRIAN OVERLAY ZONING DISTRICT LOCATED ON THE SOUTHEAST CORNER OF JEFFERSON STREET AND AVENUE 50. Mr. Herman, Community Development Director, advised that on September 19, 1995, the Council directed staff to investigate reported violations of the Equestrian Overlay Zoning District. He advised that a portion of a newly-annexed area east of Jefferson Street was designated as an Equestrian Overlay Zoning District in June, 1990 and it was expanded in April, 1993 to include the corner of Jefferson Street and Avenue 50. In September, 1995, Mr. Sonny Kanlian reported property vandalism and violations to the Equestrian Overlay Zoning District adjacent to his property. He advised that no violations of the City Code have been determined by the Building and Safety Department at the present time and the Sheriff's Office has insufficient evidence to identify the responsible party for the BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 10 December 5, 1995 vandalism to Mr. Kanlian's fence. The District's Zoning Development Standards limit the number of horses that are allowed per acre as well as establish the setbacks for buildings and regulate]ate manure removal from the property. He advised the Council that the matter could be referred back to the Planning Commission for review or they could determine that the regulations are adequate and that no review is necessary. Council Member Perkins felt that a 20-foot setback for manure storage was too close and should possibly be extended. Re asked if the number of vandalism reports were considered higher than normal for other areas of the City. Captain Dye, of Riverside County Sheriff's Department, didn't consider the number of incidents reported as a lot, but above normal for the small area. The number of damage reports are typical of other fenced areas. Council Member Sniff felt that this matter should be referred back to the Planning Commission with a request that they review it and submit recommendations back to the Council. MOTION It was moved by Council Members Sniff/Perkins to refer the matter of the Equestrian Overlay Zoning District to the Planning Commission for review and recommendations. Council Member Adolph asked if any zoning changes are contemplated. Council Member Sniff felt that an occasional review of zoning standards is important, especially when significant complaints are received from property owners in the area. He advised that a review doesn't necessarily mean that changes will be made. Council Member Perkins asked that the issue of storing manure be reviewed. Mr. Walter Hansch, owner of property on Jefferson Street, felt that the equestrian overlay zoning has placed some of the adjacent property owners at a disadvantage by devaluing their properties. Mr. Sonny Kanilan, 50400 Jefferson Street, spoke regarding property rights which was the main emphasis of his concern. He advised that he and Mr. Hansch submitted and received approval for plot maps on their properties prior to the approval of the equestrian overlay zoning for the adjacent properties. He felt that it was unfair that they weren't notified of the potential approval of the previously-denied equestrian?ian zoning when they filed their maps. Re stated that if they had been aware of the zoning consideration, they would have applied for four lots per acre instead of three, if they proceeded at all. Re's not opposed to the adjacent property having horses, but is concerned about the number of BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 11 December 5, 1995 horses and the business operation of them because of his own liability and the storage of manure. Mr. Harry Loukatos, 77-625 California Drive, Palm Desert, stated that he operates a flower farm on property leased from Mr. Kanlian and has experienced the odor and fly problems caused by the manure piles on the adjacent property. His main concern is the dust created by the horse-training instruction because it affects his flower farming business. He advised that the polo grounds don?t experience a problem with manure because it's hauled away. Ms. Julie Reeske, 54-415 Avenida Vallejo, advised that their horse operation business has been in existence for over 25 years. She suggested that Mr. Kanlian adjust the setbacks for houses on his plot map to move them further from the property line just as they have set back their arena. In response to Council Member Perkins, Ms. Reeske commented that she would like to meet with Mr. Kanlian to find a solution to their problems. Ms. Wanda Reese, 80-209 Avenue 50, advised that she has lived there since 1974 and operated a horse business long before Mr. Kanlian applied for his tract map. In response to the dust complaints, she advised that the dirt roads on Mr. Kanlian's property are not watered-down and the semi?trucks used in the flower-farming business create dust when traveling on them. She pointed out that both property owners are operating commercial businesses. Motion carried with Mayor Bangerter voting NO. MINUTE ORDER NO.95-213. Council Member Sniff sugg?ed that Study Session Item No.3 be moved ahead of Item No. 2 and Council concurred. 3. DISCUSSION OF THE MEMORANDUM OF UNDERSTANDING MOU) REGARDING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN BY CVAG STAFF. Ms. Diana Beck, 78-710 Fred Waring Drive, Planning Director for Coachella Valley Association of Governments, advised that preliminary work on the Multiple Species Habitat Conservation Plan has been underway for two years. The purpose of the MOU is to govern the development process of the Plan and includes no flinding commitments nor a commitment to participate in the Habitat Plan once it's developed. The funding is provided by various grants and regional arterial mitigation funds. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 12 December 5, 1995 In response to Council Member Adolph, Ms. Beck advised that federal funding has been received, but most? of the funding comes from SCAG. In response to Mayor Bangerter, Ms. Beck advised that it would take 1 /z to 2 years to finalize the Plan once the MOU is signed. Mr. Genovese, City Manager, advised that this matter would be agendized as a business item in the future. 2. APPROVAL OF CONCEPTUAL DESIGN OF MEDIAN-ISLAND LANDSCAPING ON HIGHWAY 111. Mr. Cosper, Public Works Director, advised that medians will be constructed on Highway 111 during the improvements to the Highway 111 corridor. They will exist from the westerly City limits to Adams Street with an opening at Wal-Mart and at each of the traffic signal intersections. The design and features of the landscaped medians are consistent with the previously-approved concept plan presented to the Council in July as well as the General Plan?s Primary-Image Corridor Policy Statement. The low-maintenance landscaping will include the use of Palm Springs Gold and stamped-concrete. In response to Council Member Perkins, Mr. Cosper advised that the proposed landscaping would be similar, but somewhat less intense as the Highway 111 corridor in the City of Palm Desert. In response to Council Member Adolph, Mr. Cosper advised that the left-turn lane at Washington Street would be approximately 200 feet long. The landscaping will be very similar to the recently-approved landscaping on Washington Street. In response to Council Member Sniff, Mr. Cosper advised that the soil in the medians would be treated with a weed killer and then covered with heavy plastic and Palm Springs Gold to control the growth of weeds. The design of the landscaping will allow additional drip irrigation and landscaping as the funds becbme available. Council Member Sniff was concerned that the proposal be consistent with any future specific plan for Highway 111, adding that he would like to see a specific plan adopted as soon as possible. Council Member Perkins would like to see this landscaping plan carried out in a consistent manner in other areas of the City. Council concurred on staff proceeding with the design work in accordance with the staff report. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 13 December 5, 1995 RI?PORTS AND TNFORMA?ONAT ITEMS All reports were noted and filed E-1. UPDATE REGARDING POTENTIAL MEETING WITH THE PLANNING?ING COMMISSION. Mr. Herman, Community Development Director, advised that the Planning Commission wishes to hold a joint meeting with the Council to discuss various issues including The Village. Council agreed to scheduling a meeting in January and asked staff to come back on December 19th with suggested dates. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Bangerter would like for the Council to consider presenting Community Service Awards to people in the community who provide unsolicited service to the community. She suggested that such awards be given to people such as Claudia and Stormy Fairweather who pick up trash along the streets on a daily basis and others who open up their homes for polling centers during elections. Council Member Sniff felt that any such award should include the signatures of the Council. Council directed the City Clerk to return to Council with a suggested recognition award. Council Member Sniff commented that some time ago the Council decided on an interim basis to move the podium to its present location and he suggested that it be moved back to the center. He felt that it's more functional in the center and that the speakers using it at its present location have a tendency to address the audience instead of the Council. There was no consensus to change the present location of the podium. Council to Redevelopment Agency meeting and CIoeed Session to and until the hour of 7:00 p.m. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 4 December 5, 1995 CLOSED SESSION Ms. Honeywell advised that in one of the cases, in addition to considering the potential litigation, it also can be considered in Closed Session under Government Code Section 54956.9(b) as a claim against the City particularly relating to a letter from Ms. Audrey Ostrowsky, who, among other things in the letter, made a claim against the City for $5,000 for the unauthorized use of her land, and theres also a request in her letter that the City act under eminent domain to purchase her property which will allow the Council to consider it in Closed Session under Government Code Section 54956.8. She also clarified that the letter is available for public viewing. 1. Conference with legal counsel pursuant to Government Code Section 54956.9 regarding potential initiation of litigation two cases). 7:00P.M. Mr. Jack 52-815 Avenida Martinez, commented on the excellence of the City employees and felt that the Council should appoint Terry Henderson to the vacancy on the Council because she was the runner-up in the election. Mr. Pete Platamone, 79-575 Marigold lane, implored the Council to appoint Terry Henderson to the Council vacancy since she placed third in the election. He felt that she would contribute spirited and meaningful dialogue to the City. Mr. Wally Reynolds, 79-860 Fiesta Drive, was convinced that personal feelings motivated the decisions made by two of the Council Members to not appoint Terry Henderson to the Council vacancy as well as her position on key issues. He felt that she is a knowledgeable, articulate, and dedicated candidate that is qualified to sit on the Council, pointing out that over 700 voters voted for Ms. Henderson for the Council, yet the Council can select someone that the voters don?t even know and haven?t seen. He felt that the Council wishes to be united, but what they are contemplating may cause a rift that may never be healed. Mr. Russ Robertson, 44-930 Tortola Circle, advised that he and his wife feel that the Council vacancy should be filled with the runner-up in the election, Terry Henderson, and that the voice of the people should count. Mr. Martin Close, 79-885 Horseshoe Road, agreed with the other speakers and urged the Council to appoint Terry Henderson. Ms. Joyce Sivley, 79-775 Westward Ho Drive, commended Mayor Bangerter and Council Member Perkins for their intelligence and insight for representing the people of I-a Quinta. She BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 15 December 5, 1995 was disappointed that the Council failed to appoint Terry Henderson to the Council vacancy and felt that anyone desiring the position should have spent the time, effort, and money to campaign during the electibn. She felt that a free ride ts an insult and a slap in the face to all of the voters of La Quinta. She commented on the strife that has torn the City during the past year and urged the Council to take appropriate action by appointing Terry Henderson. Ms. Grace Mulcahy, 79-875 Westward Ho Drive, commended Mayor Bangerter and Council Member Perkins for respecting the wishes of the citizens by supporting Terry Henderson for the Council vacancy. She felt that the Council should respect the will of the citizens and not allow personal bias to interfere with their decisions. Ms. Rosalid Davis, 50-925 Paloma Court, was appalled that the Council would consider appointing anyone other than the runner-up to the Council vacancy. 1. VACATION OF A PORTION OF THE RIGHT-OF-WAY LOCATED ON WESTWARD HO DR[VE, WEST OF ADAMS STREET. APPLICANT: STAMKO DEVELOPMENT. Mr. Herman, Community Development Director, advised that the proposed right-of-way street vacation on an unimproved portion of Westward Ho Drive along the southern boundary of Tract 23995, is to provide for a fliture well site that will be dedicated to the Coachella Valley Water District CVWD). On October 10, 1995, the Planning Commission recommended approval of the street vacation. Council Member Perkins asked if any homes on the street would be affected to which Mr. Herman responded no. In response to Council Member Adolph, Mr. Herman advised that no design plans have been submitted by CVWD for the well-site, but it will be enclosed within a perimeter wall when installed. Council Member Adolph advised that the Planning Commission was concerned about the well design and has asked CVWD to submit plans for any above-ground work to the Planning Commission for review. Council Member Perkins advised of a well site in San Bernardino that?s enclosed in a structure resembling other homes in the neighborhood, including the yard area. The Mayor declared the PUBLIC REARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 16 December 5, 1995 RESOLUTION NO.95-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-308 PREPARED FOR STREET VACATION NO.95-027. It was moved by Council Members Adolph/Sniff to adopt Resolution No.95-95 as submitted. Motion carried unanimously. RESOLUTION NO.95-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF THE WESTWARD HO DRIVE RIGHT-OF-WAY ADJACENT TO TRACT 23995. It was moved by Council Members Adolph/Perkins to adopt Resolution No.95-96 as submitted. Motion carried unanimously. 2. CONSIDERATION?ON OF APPEAL OF THE PLANNING COMMISSION'S DENIAL OF EA NO.95-309 FOR CUP NO.95-201 AND PP NO.95-564, A REQUEST TO DEVELOP A 128-UNIT AFFORDABLE APARTMENT COMPLEX ON 11.65 ACRES ON THE WEST SIDE OF WASHINGTON STREET, 700 FEET NORTh OF CALLE TAMPICO. APPLICANT: THE KEITH COMPANIES, INC. FOR USA PROPERTIES). Council Member Adolph absained due to a potential conflict of interest and left the dais. Mr. Herman, Community Development Director, advised that the applicant has requested a continuance of the appeal to December 19, 1995. Council's options were to deny the appeal of the Planning Commission's action, approve the applicant's appeal, or move to continue the appeal as requested. Council Member Sniff felt that the appeal should be continued as a courtesy to the applicant. MOTION It was moved by Council Members Sniff/Perkins to continue the public hearing on the appeal of The Keith Companies to December 19, 1995. Motion carried unanimously. MINUTE ORDER NO.95-214. BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02 City Council Minutes 17 December 5, 1995 Council recessed to Closed Session as delineated on Page 14. Council reconvened with no decision heing made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Respectfully submitted I $AUNDRA L JUHOLA City Clerk City of La Quinta California BIB] 01-13-96-U01 11:31:45AM-U01 CCMIN120595-U02