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1995 01 17 CC Minutes LA QUINTA CITY COUNCIL MINUTES January 17, 1995 Regular meeting of the La Quinta City Council on January 17, 1995 was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Perkins, Sniff, Mayor Pena ABSENT: One Vacancy) CONFIRMATION OF AGENDA Mayor Pefia asked that Consent Calendar Item No.7 be removed from the Consent Calendar and added as Business Item No.6. APPROVAL OF MINUTES MOTION I? was moved by Council Members Sniff/Bangerter to approve the City Council Minutes of January 3, 1995 as submitted. Motion carried unanimously. ANNOUNCEMENTS Mayor Pefia announced that the La Quinta Day at the Children's Museum" will be held on January 21, 1995 and all La Quinta residents will receive free admission to view the exhibit on that day. PRESENTATIONS None PlIBLIC COMMENTS Mr. Arthur Levine, of Lake La Quinta Development, commented on the City's new subdivision-flag policy. He advised that because Lake La Quinta now has three developers, they are experiencing difficulty complying with the City's limitation of eight flags per development. They've submitted a request to the Community Development Department to allow 16 flags with eight at 47 at Caleo Bay and eight at 48 at Caleo Bay. The proposed flags will be the same type already used in the development. Council directed the matter to staff. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 2 January 17, 1995 Mr. Robert Tyler, 44-215 Villeta Drive, expressed appreciation to the Council for the reduction In size of the La Quinta Norte development construction signs, noting they are now less obtrusive to the area. * * * * * * * * * * * * *?* Mr. Seth Ettinger, 78-720 Avenida La Fonda, expressed appreciation to the City for cleaning out the drainage ditch along Calle Rondo. However, he felt that there's a serious problem with the capacity of the ditch and the underground drainage pipe under Avenue 52 that directs the water to the retention pond because the north end of Calle Rondo, near Avenue La Jarita, was flooded during the last rain. He requested an opportunity to discuss the issue with City staff. Council directed the matter to staff. Ms. Lucia Moran, P.O. Box 1305, presented an update on the upcoming Soap Box Derby scheduled for March 25, 1995. She thanked Council for their support of the event and advised that six paid registrations have been received and there are another ten waiting for funds. Fund- raising letters are being mailed and an ad will be placed in the Desert Sun regarding the event with an entry form attached. She advised that she is sharing the directorship with Don Berry who has been a great benefit to the event. She commented that Colony CableVision was instrumental in getting the project started with their financial contribution. Concession booths for the event are being organized by a volunteer. In response to Mayor Pefia, Ms. Moran advised that sponsorships are $350 and will cover the car, shipping, wheels, and a helmet. Ms. Moran also commended the City on their hard stand against graffiti. WRITTEN CORRESPONDENCE I. Letter from Desert Chapter Bu&ldi?ng Industry Association. regarding CVAG's policies relative to Regional Arterial Program Funds. Mr. Genovese, City Manager, advised that CVAG's Technical Advisory Committee has taken a position of support for the BIA letter. BUSINESS SESSION 1. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 94-543 WHICH ALLOWS A RESTAURANT IN THE C-P ZONE; LOCATED NORTHWEST OF THE INTERSECTION OF WASHINGTON STREET AND CALLE TAMPICO. APPLICANT: LA QUINTA VILLAGE PROPERTIES. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 3 January 17, 1995 Mr. Herman, Community Development Director. presented the plot plan, elevations, and landscaping plan for the proposed 3,500 sq.ft. Sesamest' restaurant to be located northwest of Washington Street and Calle Tampico in the La Quinta Village Shopping Center. The building height, architecture, and materials are compatible with the existing shopping center buildings. The restaurant will include outdoor seating and a water fountain. On January 10th the Planning Commission recommended approval of the project, subject to the conditions of approval. MOTION It was moved by Council Members Sniff/Bangerter to accept the report of the Planning Commission action on Plot Plan 94-543 which allows a restaurant in the C-P-S, located northwest of the intersection of Washington Street and Calle Tampico applicant, La Quinta Village Partnership. Motion carried unanimously. MINUTE ORDER NO.95-14. 2. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 95-062 FOR THE APPROVAL OF TEMPORARY SUBDIVISION FLAGS FOR TRACT 23263 ACACIA. APPLICANT. ACACIA CONSTRUCTION. MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 95-062, permitting eight temporary flags for the Acacia tract, subject to conditions of approval. Motion carried unanimously. MINUTE ORDER NO.95-15. 3. CONSIDERATION OF A REQUEST FOR ANNEXATION OF APPROXIMATELY 117 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF JEFI"ERSON STREET AND FRED WARING DRIVE. APPLICANT: KURT JOHNSTON, AGENT FOR THE OWNER. Mr. Herman, Community Development Director, advised that the applicant's request is the first step in an annexation process which will include a general plan, pre-annexation zoning, and a sphere of influence amendment. The subject property is not located within the sphere of influence of any city. Mr. Frank Goodman, 78-200 Hidden River, Bermuda Dunes, Chairman of the Bermuda Dunes Community Council. reminded the Council that the residents of Bermuda Dunes vehemently opposed a previous annexation attempt by La Quinta. Re advised that they continue to vehemently oppose the City of La Quinta taking bites" out of Bermuda Dunes. He referred to results of a previous survey which expressed the extreme wish of 500+ residents not to be annexed by the City of La Quinta. He questioned the authorization to continue the annexation process without signed authorization from the property owner, Mr. Wade Ellis. He advised that the Bermuda Dunes Comrnunity Council will oppose any annexation effort and will distribute a questionnaire in April asking Bermuda Dunes residents to voice their wishes regarding any annexation by the BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 4 January 17, 1995 City of La Quinta. He also questioned why surrounding property owners didn't receive notification of the proposal. Mr. Kurt Johnston, P.O. Box 504, Palm Springs, representing the property owner, Wade Ellis, advised that Mr. Ellis has given his full permission to go forward with the proposed annexation. Mr. Ellis wishes to be annexed by the City of La Quinta because it has a well-known name to developers and is easy to work with. In response to Mayor Pefia, Ms. Honeywell, City Attorney, advised that the City can initiate its own annexation proceedings without written authorization from the property owner. However, since LAFCO looks heavily at the owner's interest and considering the cost involved with an annexation, she advised that it would be best to have a letter from the property owner on record before proceeding. Mr. Johnston advised that he would obtain signed documentation from Mr. Ellis. Ms. Chris Clarke, of STAMKO Development, advised that they own land adjacent to the subject property and also wish to be annexed by either the City of La Quinta or City of Indio because of the difficulty raw-land owners encounter when they try to develop their land within the County of Riverside. They will oppose the proposed annexation of 117 acres to the City of La Quinta unless their adjacent 18 acres are included, as it will almost make an island out of their property. Mr. Herman advised that the applicant's request is the first step in an annexation procedure and is intended to only receive the Council's input. The actual application will include the property owner's authorization and at that time, surrounding property owners will be notified of any public hearings. Council concurred on continuing the matter for two weeks to allow the applicant time to submit a letter of authorization from the property owner. MOTION It was moved by Council Members Sniff/Bangerter to continue the annexation request for 117 acres on the northwest corner of Fred Waring Drive and Jefferson Street until February 7, 1995 to allow staff time to secure signed approval from Mr. Wade Ellis and Ms. Chris Clarke. Motion carried unanimously. MINUTE ORDER NO.95-16. 4. CONSIDERATION OF A REQUEST TO RELEASE $15,000 TO THE COLLEGE OF THE DESERT REGIONAL BUSINESS ASSISTANCE CENTER. MOTION It was moved by Council Members Bangerter/Sniff to continue the request for funding from the Regional Business Assistance Center to February 7, 1995. Motion carried unanimously. MINUTE ORDER NO.95-17. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 5 January 17, 1995 5. CONTINUED CONSIDERATION OF REQUEST BY AIRTOUCH CELLULAR TO LOCATE A MONOPOLE AT THE SPORTS COMPLEX. Mr. Bohien, Parks & Recreation Director, advised that on November 1, 1994, Council expressed some concerns regarding health issues related to AirTouch Cellular's proposed placement of a monopole at the Sports Complex and requested the applicant to supply research information relating to that issue. He advised that after researching and discussing the health issue with the applicant, staff believes that the proposed monopole will not present any health hazards to anyone using the surrounding facilities. He recommended that the applicant be directed to the Community Development Department for flirther processing of their application. Mr. Hardy Strozier, 3151 Airway Avenue, Costa Mesa, representative of The Planning Associates, advised that they're making this request because of a severe increase in usage of wireless telephones within the Coachella Valley. He advised that as of 1:00p.m. on this date, there were 56 911" calls in the valley serviced through AirTouch and approximately 250 dropped" calls. He introduced Dr. Peter Poulson who gave a brief presentation regarding the health issue concerns. Dr. Peter Poulson, an independent consultant, advised that he has worked within the area for 22 years and with cellular companies for the past four years. He advised that he obtains the engineering information about a proposed site and calculates the ground- level power densities that will exist around the site, using the worst-case scenario by calculating the maximum number of operating channels and transmitted power from the antennas. He then compares that number with existing standards from the American National Standards Institute and the National Council on Radiation Protection and Measurements. Using both standards, he calculated the proposed site to be 600 times below the standard. He considers the proposed site to be totally safe with minimal likelihood of any effects whatsoever and virtually non-existent on a sunny day. Council Member Sniff didn't have a problem with the applicant submitting a formal application to the Community Development Department. but encouraged them to be more responsive in the future to requests for information. He noted that the offered lease payment is far less than amounts received by other entities for use of facilities and felt that the City should receive an amount commensurate with other agencies. Council Member Perkins agreed that responses from the applicant have been slow, but expressed appreciation that Council's concerns have been addressed. He believes that emergency communication capability through cellular phones is an important issue in the community and should be a part of the City's emergency preparedness. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 6 January 17, 1995 Mayor Pena agreed, noting that there are many areas within the City where cellular phones cannot transmit and felt that the proposed monopole will be valuable to La Quinta. Council Member Bangerter concurred with Council, adding that she now feels comfortable regarding the health issue concerns. Mr. Bohien referred to a paragraph within the staff report that alluded to some communication difficulties with the applicant, but advised Council that the applicant recently has been very responsive. MOTION It was moved by Council Members Sniff/Bangerter to direct AirTouch Cellular to the Community Development Department for processing of their request to place a monopole at the Sports Complex. Motion carried unanimously. MINUTE ORDER NO.95-18. 6. CONSIDERATION OF APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT AND ACCEPTANCE OF RIGHTS-OF-WAY AND EASEMENTS DEDICATED FOR TRACT 28019 WILLIAMS DEVELOPMENT. Mayor Pena abstained due to a conflict of interest and left the dais. MOTION It was moved by Council Members Sniff/Bangerter to approve the Final Map and Subdivision Agreement and acceptance of rights-of-way and easements for Tract 28019, Williams Development. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.95-19. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED JANUARY 17, 1995. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE DEPUTY CITY CLERK TO ATTEND AT&T TELECOMMUNICATIONS TRAINING IN LOS ANGELES, JANUARY 22-27, 1995. 3. APPROVAL OF REQUEST BY PARKS AND RECREATION COMMISSION TO ATTEND A CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE IN SAN JOSE, MARCH 2-5, 1995. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE SENIOR ENGINEER TO ATTEND THE GIS AND COMPUTER MAPPING ON DESKTOP SYSTEMS CLASS IN SAN DIEGO, JANUARY 26-27, 1995. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 7 January 17, 1995 5. REJECTION OF CLAIM FILED BY JAN WEBSTER, DATE OF LOSS, NOVEMBER 19, 1994. 6. APPROVAL OF TITLE hIB CONTRACT WITH RIVERSIDE COUNTY OFFICE ON AGING. 7. MOVED TO BUSINESS SESSION ITEM NO.6. 8. APPROVAL OF PARKS AND RECREATION COMMISSION WORK PLAN. MOTION It was moved by Council Members. Sniff/Bangerter to approve the Consent Calendar as amended and as recommended. Motion carried unanimously. MINUTE ORDER NO.95-20. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS Mayor Pena advised that Kay Ladner, with the Coachella Valley Recreation & Park District, will give her report when she arrives. All other reports were noted and filed. DEPARTMENT REPORTS 1. Ms. Honeywell, City Attorney, advised that escrow closed on the Burkett/Washington Square transaction and the City now has an easement to Adams Street allowing future connection to Highway 111. She advised that the Charter City Update was submitted to Council for their review and further direction to staff. She advised that cases have occurred during the last year that continue to provide support for charter cities to have fairly-expansive municipal power under their charters. The update Includes two radically different types of charters from the Cities of San Marcos and Palm Springs. She suggested that the issue be scheduled for a study session if the Council wishes to consider it further. Council Member Perkins was in favor of scheduling it for a study session to consider placing the issue on the November ballot. He asked what the deadline was for placing it on that ballot. Mrs. Juhola, Administrative Services Director, advised that the deadline would be sometime in August. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 8 January 17,1995 Mayor Pena suggested that a study session be delayed until March to allow time for the soon-to-be-appointed Council Member to become familiar with the issue. Council Member Sniff wished to have a critique and analysis prepared regarding what a City can do as a Charter City versus a General Law City prior to scheduling a study session. Ms. Honeywell advised that the update includes a summary of all the cases in this area. A Charter City has direct control over all municipal affairs that are not preempted by the State and a General Law City only has powers that are delegated by the State. Council Member Sniff asked if the Redevelopment Agency would be affected by a change to a Charter City. Ms. Honeywell advised that the issue doesn't have any bearing on redevelopment law; however, as a Charter City, the City could be given authority to accomplish things that only the Redevelopment Agency can do presently. In response to Council Member Sniff, Ms. Honeywell advised that there are close to 500 cities in California and approximately 80 of those are Charter Cities. In response to Council Member Perkins, Ms. Honeywell confirmed? that all General Law City powers can be retained under a Charter City by including a provision that retains all municipal affairs, including those given by the State to General Law Cities. A charter is only as limited or expansive as the City creates it to be. Council Member Sniff asked if the State can preempt a city's charter. Ms. Honeywell advised that they cannot unilaterally. The courts tend to look at the individual issues to determine if they are more of a local concern as opposed to a regional concern. During the last five years there has been a trend in the courts to recognize more local municipal affair power in the Charter Cities. 2. Mr. Cosper, Public Works Director, reviewed the Fleet Maintenance Program which is an attempt to enhance the City's fleet of vehicles, light equipment, and heavy equipment. The program outlines a budgeting mechanism that identifies cost components necessary to maintain a fleet at a life-cycle standard. A life-cycle standard for vehicles and equipment involves factors such as frequency and types of maintenance, a scheduled replacement program, salvage costs and needs of the City to accomplish current and future work as determined by the current inventory of vehicles and equipment and the size of the City's work force. Based on the current inventory, the annual cost for maintenance is $61,036, split between the Building and Safety Department and the Public BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 9 January 17,1995 Works Department. The maintenance workload requires an additional 1A mechanic/maintenance position. Approximately $41,270 per year should be deposited into the Fleet Replacement Fund. He hen reviewed the vehicles/equipment that need to be added over the next three years. All of these items will be considered in preparing the FY 1995/96 operating budget. MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION OF COUNCIL'S RULES OF PROCEDURES. Council Member Bangerter felt that the City Attorney and/or Council should review the Council's Rules of Procedures since one of the policies was recently found to be ambiguous. Council Member Sniff believed that the Council's Rules of Procedure should be clearly understood and consistent with Roberts Rules of Order. He also believed that words such as shall,' which a legal imperative and should." which is a moral" imperative, need to be better defined. Mayor Pena commented that Roberts Rules of Order are far more extensive than the Rules of Procedure and are more difficult to understand. It's important that the Rules are clear and understandable. Council Member Perkins agreed that Roberts Rules of Order are not easy to understand, but agreed that they should be followed when possible. He also wished to see the Council's Rules better defined. Council Member Bangerter believed that the Council's Rules state that Roberts Rules of Order are used when a point of order is not addressed in?the Rutes, but agreed that the Council needs to make a determination as to when they wish to deviate from Roberts Rules of Order. Council concurred on directing the City Attorney to review the Council's Rules of Procedure and bring it back to the Council in a Study Session. 2. DISCUSSION OF ADAMS STREET AND DUNE PALMS ROAD WHITEWATER CHANNEL CROSSINGS. Council Member SnIUU advised that he requested that this issue be placed on the agenda because of its paramount importance to the City, especially to those residents needing access to the northern part of the City. The two crossings were expected to be completed BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 10 January 17, 1995 before the beginning of the 1994/95 school year. Therefore, he asked staff to update the Council on the reasons for the delays. Mr. Cosper, Director of Public Works, presented a brief history of the two crossings beginning with their destruction during the Whitewater River Channel flooding in January and February, 1993. FEMA funds were applied for to repair the two crossings, both by the City and the Desert Sands Unified School District, and $157,000 was received for the two projects. A cooperative agreement was reached between the City and the school district in April, 1994 to complete the design and construction of both crossings. In May, 1994 both entities were informed by Coachella Valley Water District CVWD) that both crossings would require invert stabilizers, which increased the cost of both crossings from $157,000 to $750,000. The decision was made to complete the design and seek additional funding for the Adams Street crossing first, since it was unlikely that funding would be approved for both, and design plans were submitted to CVWD July 1st. CVWD informed the City that Federal policy changes required the City to obtain a permit from the Army Corps of Engineers, Water Quality Control Board, and the Department of Fish and Game and those permits were received by September 1st. The final encroachment permit was issued by CVWD on October 23rd and the school district, who is the construction coordinator for the project, issued a change order to Granite Construction to complete the work on the Adams Street crossing. Granite Construction moved equipment to the site to begin construction on January 3, 1995, but the City stopped the project on January 4th because of flooding in the channel. Construction will begin again when the channel is dry and construction is estimated to take six to eight weeks. Mr. Cosper advised that the City applied for additional funding from FEMA for the Dune Palms Road crossing because of the increase in project costs due to the design- requirement changes to the crossing. Staff feels that the appeal process looks favorable, but the 90-day appeal period ends at the end of January, 1995. The school district is negotiating with CVWD for partial reimbursement for the invert stabilizer at the Adams Street crossing. He suggested that the City will do the same for the invert stabilizer at the Dune Palms Road crossing. Gaining approval of the Adams Street crossing involved seven different agencies. In addressing current traffic-circulation problems, staff has reviewed the circulation patterns around the high school and instituted traffic-safety measures at intersections where traffic has been increased. No traffic-related complaints have been received since he first two weeks of the school year. Council Member Sniff commended staff on their efforts to complete these two projects and urged them to continue seeking funding for the Dune Palms Road crossing. In response to Council Member Perkins, Mr. Cosper advised that the crossings would have been washed-out again during the recent flooding if they had been replaced under the previous design standards, but would have survived under the new design standards. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 11 January 17,1995 3. DISCUSSION OF LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONER'S INSTITUTE IN MONTEREY IN MARCH. Council Member Perkins felt that the League of California Cities Planning Commissioner's Institute is an important conference and each Planning Commissioner willing to allocate their time should be allowed funding to attend, but there is approved funding for only four of the seven Commissioners to attend. Mr. Herman, Community Development Director, advised the Council that all seven Commissioners have indicated a desire to attend the conference. Mayor Pena agreed that the conference is important, but felt it was especially important that the new Comrnissioners attend. In response to Council Member Sniff, Mr. Herman advised that there were only five Commissioners last year and all five attended the conference. Council Member Sniff felt that the current funding should be used to send the new Comrnissioners who haven't attended before and request them to bring back material for the other Commissioners to review. He disagreed with sending all seven Commissioners, noting that the City has many Commissions and it could be costly for the City if all members of these Commissions were sent to the various conferences available. He felt that attendance to these conferences should be rotated on an annual basis between the members involved. He suggested that this matter be reviewed during the next fiscal year's budget. Council Member Perkins advised that laws change yearly and it's important that the Commissioners are kept updated. He didn't feel that information received at a conference can be brought back and presented in the same manner. He believed that the Planning Commission is the City's most important Comrniss?ion and the benefit they wil? receive from attending the conference is worth the cost. Council Member Bangerter believed the conferences are worthwhile and understood why the entire Commission wishes to attend, but felt that the Council should be concerned about the funding and believed the issue should be reviewed during the budget process. Council Member Perkins believed that a person must attend a conference to understand the full-benefit received from attendance as opposed to reviewing materials returned from a conference. In response to Mayor Pefia, Mr. Herman advised that the conference will be held March 22-24, 1995 and will cost an additional $3,000 for all seven Commissioners to attend. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 12 January 17.1995 Mayor Pefia didn't have a problem with sending all seven Commissioners, but felt it should be discussed with a full Council and the Finance Director to determine where the funding will come from. Council Member Sniff felt that if this matter is to be discussed further all of the Commissions should be included in that review. Mayor Pefia suggested a policy relating to conference attendance. Council Member Bangerter felt that the Council needs to look at the value of the conference and how it might benefit the Planning Commission as opposed to other Commissions. Mayor Pefia suggested hat further discussion regarding the Planning Commissioners attendance at the March conference be scheduled for the February 7th Council meeting and discuss the policy during the mid-year budget review. Council Member Sniff felt that all Commissions should be discussed at the same time. Council directed the City Clerk to check with the League of California Cities to find out what yearly-conferences are available that would apply to any of the City's Commissions. REPORTS AND INFORMATIONAL ITEMS...................continued Ms. Kay Ladner, Board Member of Coachella Valley Recreation & Park District, advised that she was elected to the Coachella Valley Recreation & Park District two years ago after having served on La Quinta's Community Services Commission and Planning Commission. She sought a seat on the District Board because she was dissatisfied with its perfortnance, but feels that the District has improved since Don Martin was hired as the General Manager. She asked the City to increase their utilization of the District's facilities so as not to duplicate costs to the residents. The District currently manages five pools and several parks and recreational facilities. Mayor Pefia expressed appreciation to Ms. Ladner for her presentation on the District and agreed that the City should utilize the District's services. He wished to see the City and District enter into some kind of cooperation to provide recreational services for the cornmunity. Ms. Ladner advised that she has strived to have District funds returned to the community by upgrading the District's facilities in the La Quinta Park. BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 13 January 17. 1995 Council Member Sniff concurred that Ms. Ladner has done a great job and suggested that the Coachella Valley Recreation & Park District continue to work with the City's own Park & Recreation Department to compliment each other's efforts. Council Member Perkins felt that this issue is on-going and should be continually reviewed by the City to obtain the best recreational programs for the City. He agreed that the City and District should work cooperatively. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with real property negotiator pursuant to Government Code Section 54956.8, regarding negotiations for proposed commercial development including price and term of payment for property located at the southwest corner of Higbway 111 and Jefferson Street Tim Ealey, negotiator for Midland Properties. 2. Conference with legal counsel concerning potential initiation of litigation pursuant to Government Code Section 54956.9(c) one case. 7:00 P.M. Council reconvened with Mayor Pena absent. PUBLIC COMMENT None PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT REQUEST FOR A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY-APPROVED PROJECT TO REMODEL AND ENLARGE AN EXISTING 1,581 SQUARE FOOT, ONE-STORY, COMMERCIAL BUILDING ON 18 ACRE AT 78-100 CALLE TAMPICO. APPLICANT: MR. AUGUSTIN MARTINEZ. Mr. Herman, Community Development Director, reviewed the site plan and elevations for the project which includes an existing 1,581 sq.ft. building and a proposed 930 sq.ft. addition. He advised that approval of the applicant's one-year time extension request will automatically extend a variance that was approved in conjunction with the Conditional Use Permit. The variance was to allow a reduction in the setback on Avenida Bermudas BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 14 January 17 1995 from 25 feet to 6 feet for the new addition; permitted a single driveway entrance on Calle Tampico approximately 56 feet from Avenida Bermudas; and allowed off-site parking and minor architectural variances. A building permit has been issued for the remodel of the existing building, but the permit for the addition will not be issued until the parking requirements are satisfied. Council Member Sniff advised that a number of people have inquired as to why the property has not been properly maintained and he questioned why the poor maintenance has been allowed. Ms. Honeywell, City Attorney, advised that the time extension can be conditioned to require proper maintenance of the property. Mr. Hartung, Building & Safety Director, advised that the applicant recently began cleaning up the property as directed by staff, but it is not yet complete. Council Member Sniff advised that he wouldn't support approval of the time extension unless the project is conditioned to be cleaned up. Mr. Martinez. 78-100 Calle Tampico, applicant. advised that he wished to open the business and then complete the renovations. He will begin the clean-up during the upcoming weekend because he expects to remodel the parking lot and landscaping within two weeks of the engineering department's approval of the plans. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. There being no one wishing to speak. the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. Council Member Perkins advised that he also has received many calls regarding the bad condition of the property and agreed that the project should be conditioned to require proper maintenance. In response to Council Member Perkins, Ms. Honeywell advised that the public hearing could be continued to give the applicant time to clean up the project or a condition could be added to the project that would require it to be cleaned up and inspected within a given period of time; failure to comply would make the extension invalid. Council Member Perkins favored continuing the hearing for 60 days or until such time as the property is brought up to City Code. Mayor Pro Tern Bangerter suggested giving the applicant two weeks to clean it up and then inspect it every 30 days to make sure that he is continuing to maintain it. Ms. Honeywell advised that a specific condition could be added to the project that requires a certain maintenance level. Mr. Herman suggested two options to the Council: 1) continue the public hearing to allow time for the property to be cleaned up; or 2) grant a one-month extension, subject BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02 City Council Minutes 15 January 17, 1995 to a re-inspection of the property to verify that the site has been properly cleaned and if so, then automatically grant an 11-month extension, and add another condition that requires the applicant to maintain the property in an acceptable manner for the lifetime of the Conditional Use Permit. Mayor Pro Tern Bangerter and Council Member Perkins concurred with the suggestion to condition the project. RESOLUTION NO.95-03. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT WHICH ALLOWED CONSTRUCTION OF A SECOND-STORY ADDITION AND ENLARGEMENT OF THE EXISTING ONE-STORY BUILDING. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-03 with amended conditions as follows: 1. The property must be cleaned within 30 days and upon passing inspection, the extension will be automatically extended for 11 months. 2. The applicant must maintain the property henceforth in an acceptable manner to the City of La Quinta and failure to maintain the property will allow the City to revoke the Conditional Use Permit once it is brought back to the City Council. Motion carried unanimously with Mayor Pena ABSENT. Mrs.?juhola, City Clerk, advised that ten applicati6ns have been received to-date for the Council vacancy and asked the Council if they would like to consider beginning the interviews at an earlier hour than 7:00 p.m. on 3anuary 24, 1995. Council concurred on beginning the meeting at 6:00 p.m. MOTION It was moved by Council Members Sniff/Bangerter to adjourn. Motion carried unanimously. AUNDRA L. JU LA, City Clerk City of La Quinta, California BIB] 12-12-95-U01 08:40:19AM-U01 CCMIN-U02 01-U02 17-U02 95-U02