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2001 01 16 CC Minutes LA QUINTA CITY COUNCIL MINUTES JANUARY 16, 2001 A regular meeting of the La Ouinta City Council was called to order at the hour of 2:00 p.m. by Mayor Perle. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Perle ABSENT: None PUBLIC COMMENT - None CLOSED SESSION Mayor Perle and Council Member Adolph ebetalned from participating In Item No. 2 a. they have conabtently done in the peet due to · potential conflict of Intereet. 1. Conference with legal coun.el - pending Iitlgotlon - Coechalle Valley Water Dbtrlct V. City of La Quints, Rlverdde Superior Court Case No. INC 010827 - -- Govemment Code Section 54956.9(A). 2. Conference with legal counsel -panding litigation - Robert M. Ready and Helen B. Ready V. City Council of the City of La Quints, Riverside Superior Court Case No. INC 018982 - Government Code Section 54956.9(a). 3. Conference with City's real property negotiator, Mark Webs, pursuant to Government Code Section 54956.8 conceming potential terms and conditions of ar, qulaltion of City right-of-way located on the north aide of Highway 111 from Adams Street to La Quints DHve. Property Owner/Negotiator: Woodpark Development and CalTrans. Council rece.~ed to Redevelopment Agency end to Closed Session to end until the hour of 3:00 p.m. 3:00 P.M. Mayor Pefla led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed City Council Minutes 2 January 16, 2001 ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Perkins to approve the City Council Minutes of January 2, 2001, as submitted. Motion carried unanimously. CONSENT CALENDAR Mayor Perle requested Item Nos. 5, 6, and 7 pulled for separate action due to a potential conflict of interest due to Granite Construction being a client of his wife's business. 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 16, 2001. 2. TRANSMITTAL OF TREASURER'S REPORT AS OF NOVEMBER 30, 2000. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT FOR NOVEMBER 30, 2000, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2000. 4. ACCEPTANCE OF 199912000 CITYWIDE SLURRY SEAL/RESTRIPING PROGRAM, PROJECT NO. 99-12. {Thla item was Ii.ted on the agenda in error end is not Included In the Consent Calender approval.) 5. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 TO PROVIDE ELECTRICAL UNDERGROUNDING ALONG WASHINGTON STREET, PROJECT NO. 98-19 AREA D, PHASE VI IMPROVEMENTS, SAGEBRUSH, BOTTLEBRUSH, AND SAGUARO. (See separate action below.) 6. APPROVAL OF CONTRACT CHANGE ORDER NO. 4 DELETING THE WATER IMPROVEMENT PLAN SHEETS AND CONTRACT CHANGE ORDER NO. 5 REPLACING THE CVWD APPROVED WATER IMPROVEMENT PLAN SHEETS, PROJECT NO. 98-19, AREAS A & B, ASSESSMENT DISTRICT 2000-1. (See separate action below.) City Council Minutes 3 January 16, 2001 7. APPROVAL OF CONTRACT CHANGE ORDER NO. I DELETING THE WATER IMPROVEMENT PLAN SHEETS AND CONTRACT CHANGE ORDER NO. 2 REPLACING THE CVWD APPROVED WATER IMPROVEMENT PLAN SHEETS, PROJECT NO. 98-19 AREA C, ASSESSMENT DISTRICT 2000-1. (See eeparete action below.) 8. AUTHORIZATION FOR OUT OF STATE TRAVEL FOR THE FINANCE DIRECTOR TO A'I'I'END THE 2001 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) ANNUAL CONFERENCE IN PHILADELPHIA, PENNSYLVANIA, JUNE 3-6, 2001. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBUC WORKS DIRECTOR/CITY ENGINEER AND THE SENIOR ENGINEER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES, PUBUC WORKS OFFICERS INSTITUTE IN MONTEREY, CALIFORNIA ON MARCH 7-9, 2001. 10. APPROVAL OF A PROPOSAL FOR AN OFFICE OF TRAFFIC SAFETY (OTS) GRANT APPLICATION FOR POUCE TRAFFIC SERVICES/SPEED CONTROL COMPONENT. 11. ACCEPTANCE OF CLAIM FOR PROPERTY DAMAGE FILED BY THE COUNTY OF RIVERSIDE - DATE OF LOSS: JUNE 24, 2000. 12. APPROVAL TO SUBMIT VARIOUS CITY OF LA QUINTA TRANSPORT RELATED ELIGIBLE IMPROVEMENT PROJECTS TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) FOR 2000 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) DISCRETIONARY FUNDS. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR AND PLANNING COMMISSION TO ATTEND THE LEAGUE OF CAUFORNIA CITIES PLANNERS INSTITUTE TO BE HELD IN MONTEREY, CALIFORNIA, MARCH 21-23, 2001. 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT CITY MANAGER AND COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE CALIFORNIA REDEVELOPMENT ASSOCIATION ANNUAL CONFERENCE IN MONTEREY, CALIFORNIA, FEBRUARY 28 - MARCH 2, 2001. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar' as recommended and amended with the exception of Item Nos. 4, 5, 6, and 7. Motion carried unanimously. MINUTE ORDER NO. 2001-06. City Council Minutes 4 January 16, 2001 Item Noa. 5, 6, end 7 MOTION - It was moved by Council Members Henderson/Perkins to approve Consent Item Nos. 5, 6, and 7 (approving various contract change orders for Project 98-19 with Granite Construction). Motion carried with Mayor Perle ABSENT. MINUTE ORDER NO. 20011-07. BUSINESS SESSION 1. CONSIDERATION OF SUPPORT OF A PROPOSED VALLEYWIDE MASSAGE ORDINANCE. Building & Safety Director Hartung presented a brief staff report. In response to Mayor Per, a, Mr. Hartung stated the City has licensed 168 massage therapists since incorporation with an average of two licenses per week being processed during the season. In response to Council Member Adolph, Mr. Hartung stated the proposed ordinance would not only benefit the massage therapists by providing a central area for licensing but would also benefit the City by reducing staff time, which is approximately eight hours weekly to process an average of two applications. Terry Beckham, 49-499 Eisenhower Drive, Director of Spa at La Quinta, spoke regarding the amount of "red tape" involved with getting a massage therapist license in the Valley, including the amount of time it takes for the fingerprinting process. She felt adoption of the proposed ordinance would be a proactive action given the growth in the area and industry. In response to Council Member Sniff, Mr. Hartung advised the only live scan fingerprinting facility in the area is at Palm Desert and they are only open a limited time each week. In response to Council Member Henderson, Mr. Hartung confirmed SunLine Services Group (SSG) has obtained live scan fingerprinting equipment and is ready to move forward. In response to Council Member Sniff, Sergeant Ammons, of Riverside County Sheriff's Department, stated he understood staffing is an issue with the Palm Desert live scan processing and confirmed Cai-ID furnishes the live scan equipment. City Council Minutes 5 January 16, 2001 Ms. Beckham stated she has eight massage therapists in varying stages of the permit process and that the first available fingerprinting appointment at 'Palm Desert is February 14~. Mayor Pei~a questioned the possibility of adopting this as an urgency ordinance. City Attorney Jenson stated Council would have to make the necessary findings to add the ordinance to the agenda for action and then make the necessary findings to adopt it as an urgency ordinance. She noted the redline draft of the City's ordinance recognizes permits issued by other recognized jurisdictions. Ms. Beckham stated she felt simplifying the process would reduce the number of therapists working underground in the industry. She also voiced hope that therapists might be able to obtain temporary permits. In response to Mayor Pei~a, Mr. Hartung confirmed adoption of the redline draft of the City's current ordinance would allow the City to recognize licenses issued by other recognized jurisdictions. He also stated the model ordinance requires 300 hours of training to work at a spa and 500 hours to work on an out-call basis. In response to Council Member Sniff, Ms. Jenson stated the redline ordinance picks up the best of the proposed model ordinance and provides a provision for recognizing s permit from other jurisdictions. It also calls for a resolution naming recognized jurisdictions to be adopted by participating cities. Council Member Sniff stated he was concerned about the City losing control and felt the City Attorney's redline draft would satisfy the current needs. He also felt something should be done to expand the hours of the Palm Desert fingerprinting facility to accommodate the needs. Council Member Adolph questioned anything being accomplished if La Quints sets its own ground rules and does not join with other cities in adopting a Valleywide ordinance. In response to Mayor Pel~a, Mr. Hartung confirmed the City has not had a problem, with its current ordinance and that the fingerprinting process is the main problem. Mayor Pe~ia noted centralizing the process will reduce City staff time and SSG is willing to do the fingerprinting for the permit fee. Ms. Beckham stated she understood SSG could have their live scan facility up and running in 1 ½ weeks. City Council Minutes 6 January 16, 2001 Council Member Henderson stated she did not have a problem with SSG doing the fingerprinting. Council Member Sniff agreed but wanted the City to enforce its own ordinance. Council Member Henderson noted therapists have to follow the regulations and go through the entire process one time whether it's under the model ordinance or the redline draft ordinance. City Manager Genovese advised the permitting process can be applied to any of the ordinance alternatives in the staff report. Additionally, adoption of either of the ordinances does not necessitate the City using SSG for the permitting process. Mr. Hartung recommended adopting the model ordinance if the City envisions having a centralized processing by an outside agency because it would be difficult to have a centralized agency enforcing a City ordinance. Otherwise, he recommended adopting the redline ordinance. In response to Mayor Pe~ia, Ms. Beckham stated none of the other cities have adopted the model ordinance and noted adoption of the ordinance by all jurisdictions is going to take some time. Ann Shannon, a massage therapist, noted presently therapists must make fingerprinting appointments for every jurisdiction they wish to work in. She further stated neither her Washington State therapist license or national certification are recognized in the Valley. Mr. Hartung advised the Valleywide ordinance includes a stipulation for 90-day temporary permits. In response to Council Member Henderson, Ms. Jenson stated the redline draft ordinance does not provide for temporary permits. Council Member Henderson questioned who would administer the model ordinance until it is adopted by all the jurisdictions. Mr. Hartung responded the City would administer the ordinance until SSG takes over the permit processing. In response to Council Member Sniff, Mr. Genovese stated Section VIII (Permit Administrator's Responsibilities) of the model ordinance provides for the City Manager to designate the permit administrator, which can be either the current department operations or an agency such as SSG. City Council Minutes 7 January 16, 2001 Council Member Henderson suggested including the bath issue in the model ordinance with a recommendation to CVAG to include it as well. Council Member Sniff questioned the ordinance being enforceable as a Valleywide ordinance if it is modified by individual jurisdictions. Ms. Jenson stated there is some question of it remaining a "Coachella Valley Model Massage Ordinance" as defined in the ordinance itself if it is modified by the City. Council Member Henderson noted the model ordinance is yet to be adopted by any of the jurisdictions and stated she felt cities do not usually back away from additional enforcement. Mayor Pe~a and Council Member Adolph agreed. After a brief discussion, Council concurred to direct staff to bring back the proposed model ordinance with amendments at the next Couhcil meeting for Council's consideration. MOTION - It was moved by Council Members Henderson/Adolph to support the proposed Coachella Valley Model Massage Ordinance with amendments .... including the regulation of baths and to direct staff to bring the amended ordinance back for adoption on February 6, 2001. Ms. Jenson voiced concern about the City adopting a Valleywide ordinance with modifications that have not been agreed to by other jurisdictions. Council Member Henderson favored adopting the ordinance with the hope CVAG would agree with the changes. Council Member Adolph stated he would mention the City's modification to the ordinance at the next CVAG meeting. Mo'don carried unanimously. MINUTE ORDER NO. 2001-08. MOTION - It was moved by Council Members Henderson/Adolph to support the concept of SunLine Services Group (SSG) providing fingerprinting services (for massage therapist licenses). Council Member Sniff noted for clarification that SSG would not be involved with administration of the ordinance. " Motion carried unanimously. MINUTE ORDER NO. 200~-09. City Council Minutes 8 January 16, 2001 2. CONSIDERATION OF CONTRACT CHANGE ORDER NO. 4 TO RESOLVE STORM DRAIN/SANITARY SEWER UNDERGROUND CONFLICT, PROJECT NO. 98-19 AREA D, PHASE VI IMPROVEMENTS - SAGEBRUSH, BOTTLEBRUSH, AND SAGUARO. Mayor Pelts abstained due to a potentiel r, onflict of Interest due to Granite Construction being a client of hi. wife's buaine~, and he left the daie. Public Works Director Vogt presented the staff report and advised the change order is necessary to correct an engineer's error in the bid documents. He stated Korve Engineering has been informed they can pay for the error or the City will contact their errors and omission insurance company. Council Member Henderson questioned why the drainage has been redesigned to drain into the storm channel instead of using the 18-inch drainage line into Washington Street. Mr. Vogt stated an 18-inch line is not sufficient for cleanup purposes and it's sounder engineering practice to drain into the storm channel instead of Washington Street. MOTION - It was moved by Council Members Henderson/Adolph to approve Contract Change Order No. 4 in an amount not to exceed $139,000, contingent upon the Project Area 2 Redevelopment Agency appropriation of funds, to install 300 feet of storm drain pipe on Saguaro Drive, as revised by the Design Consultant. Motion carried with Mayor Per~s ABSENT. MINUTE ORDER NO. 2001-10. 3. CONSIDERATION OF REQUEST FOR CONSENT OF ASSIGNMENT FROM HOME DEPOT, U.S.A., AND CREDIT SUISSE LEASING 92A, L.P. TO 99¢ ONLY STORES PURSUANT TO DEVELOPMENT AGREEMENT. Assistant City Manager Weiss presented the staff report. In response to Council Member Adolph, Mr. Weiss referenced a list of 99¢ Only Stores on Page 12 of the staff report and advised design standards have not been discussed. After a brief discussion, Council concurred to approve the request by Home Depot. City Council Minutes 9 January 16, 2001 MOTION - It was moved by Council Members Sniff/Adolph to authorize City consent to the assignment of Home Depot's duties, obligations, rights, benefits, and interests under the Development Agreement. Motion carried unanimously. MINUTE ORDER NO. 2001-11. STUDY SESSION 1. DISCUSSION OF AN 18-HOLE PUTTING COURSE IN THE VILLAGE. Assistant City Manager Weiss presented the staff report and requested Council's direction regarding possible location(s), surface material, and course design. In response to Mayor Per, a, Management Analyst Wilson confirmed the possibility of using Urban Forestry Grant funds for trees. In response to Council Member Adolph, Mr. Weiss stated staff is waiting for further direction from Council before approaching restaurant owners with the idea of putting golf holes at the various village restaurants. He stated an additional aitemative is for the City to design an 18-hole course and businesses opting to create their own putting greens as an adjunct to the City's course. Council Member Adolph supported the use of synthetic turf due to the high maintenance of.natural turf. Council Member Perkins supported the idea of a putting course where people can walk to each hole and agreed with using synthetic turf. Council Member Henderson stated she felt scattering the putting holes throughout the village could be a maintenance and security problem but also felt placing the course in one or two locations loses the intent of the original idea. She then pointed out proposed walkways between Avenida La Fonda and Calla Estado which she felt might be useful in creating a putting course. She also referenced a letter in the staff report from Paul Donhauser. She felt it would be difficult at this point to decide a location for the course but supported using synthetic grass for the putting surface and natural materials for the remaining landscaping. She wished to find out if the putting course is feasible and suggested bringing Mr. Donhauser in to see what kind of plan he can deVise. Mayor Per~a believed the concept of a putting course has its challenges but wished to find out what funding sources may be available. He suggested the possibility of incorporating a few putting surfaces at the Civic Center Campus. City Council Minutes 10 January 16, 2001 Council Member Perkins agreed with asking Mr. Donhauser to attend a Council meeting to provide input. Council Member Adolph voiced concern about the logistics and how the putting equipment would be controlled. He was also concerned about someone tripping in one of the putting course holes during one of the street fair events. Council Member Henderson agreed a meandering course would be difficult to handle. Council Member Sniff questioned the putting course being a major draw and tangible benefit to the village. He was willing to consider it but felt the funds might be better spent for something else. Council Member Henderson noted this is a golf community and stated she felt the concept has been generally accepted with enthusiasm. Council Member Perkins suggested the possibility of obtaining sponsorships to maintain the various putting greens. After a brief discussion, Council concurred to use synthetic turf on the course and directed staff to find out Mr. Donhauser's availability to work with them on the concept. Council further directed staff to bring the issue back at a future study session. Mr. Genovese stated staff will bring the issue back to Council if an appropriation of funds is deemed necessary for further review of the concept. REPORTS AND INFORMATIONAL ITEMS C. V. Mosquito & Vector Control District -- Council Member Perkins stated the District should be in their new building by their next meeting. Rlvemide County Transportation Comml.ion -- Mayor Peris reported RCTC has scheduled a half-day retreat in Palm Springs on January 29, 2001, to discuss upcoming goals and objectives. CVAG Energy & Environmental Reeeurcee Committee -- Council Member Sniff stated the Committee will be meeting with SunLine Services Group to discuss the energy shortage. City Council Minutes 11 January 16, 2001 C. V. Mountains Conservancy -- Council Member Sniff reported one of the board positions formerly held by a County Supervisor has been replaced with a State Finance Department member. League of California Cities-Riverside Division -- Council Member Henderson reported a "grass roots coordinator network" has been proposed which could mean an increase in dues. Additionally, the Riverside Division has appointed Dick Kelly of Palm Desert to the Fiscal Reform Initiative Steering Committee, which is reviewing the logic of putting an initiative on the ballot to address guaranteed funding sources for cities. All other reports were noted and filed. DEPARTMENT REPORTS I-B. REPORT ON BUSINESS RETENTION ADVERTISING CAMPAIGN. .. A brief discussion ensued wherein Council voiced satisfaction with the signs and Assistant City Manager Weiss confirmed businesses in the Village have been informed of the sign program. 8. PUBLIC WORKS DEPARTMENT. Public Works Director Vogt responded to Council's comments regarding the deterioration of streets and advised staff is looking to do grinding and overlay on Washington Street and Eisenhower Drive. He added the contractor's warranty, which is only for one year, has expired. 9. POLICE CHIEF REPORT. A brief discussion ensued wherein Council voiced their concern about the amount of gunfire which occurred on New Years Eve. City Council Minutes 12 January 16, 2001 MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING BUILDING HEIGHTS ON HIGHWAY 111. Council Member Perkins commented on the height of the new construction at the La Quinta Plaza (Von's Center). He also asked staff to re-evaluate the width of parking stalls allowed in the City. Council concurred. 2. DISCUSSION REGARDING UTILITY EQUIPMENT AT CURBS. Council Member Adolph stated he wished to see stricter regulations for the placement of utility transformer equipment near curbs. He felt they should be further back from the curb in order to screen them with landscaping. 3. DISCUSSION REGARDING MONTHLY UPDATE ON INCOMPLETE PROJECTS IN THE CITY. Council Member Adolph requested Council receive monthly updates on incomplete projects in the City such as the gas station at Highway 111 and Dune Palms Road and the movie theater. 4. DISCUSSION REGARDING CONSTRUCTION UPDATES TO RESIDENTS. Council Member Sniff suggested sending out a monthly newsletter to advise residents of the progress on road improvements such as Jefferson Street and other capital improvement projects in the City. Mayor Per~a stated he has asked the Public Works Department to put something in the newspaper. Council receued to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None City Council Minutes 13 January 16, 2001 PUBLIC HEARINGS 1. PUBUC HEARING TO CONSIDER ADOPTING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPUCATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2001/2002. The Mayor declared the PUBUC HEARING OPEN at 7:01 p.m. Community Development Director Herman presented the staff report. In response to Council Member Adolph, Mr. Herman stated the proposed public facility improvements for street lights is expected to take up most of the estimated amount of $95,000. He confirmed CDBG funds have been used in the past for public improvements such as the Senior Center, street paving, sidewalks, etc. and that the proposed use is within the funding guidelines. Gretchen Perez, 42-600 Cook Street, Palm Desert, of Boys & Girls Club of Coachella Valley, thanked the City for its previous support and urged approval of their funding request. There being no further requests to speak, the Mayor declared the PUBUC HEARING CLOSED at 7:09 p.m. RESOLUTION NO. 2001-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, .CALIFORNIA, ADOPTING PROPOSALS, REPROGRAMMING FUNDS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2O01/20O 2. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2001-01 as submitted ($95,000 for public facility improvements and $30,000 for the Boys & Girls Club of Coachella Valley-La Quinta Unit). Motion carried unanimously. Council Member Perkins questioned the need for lighting in the medians. Council Member Adolph stated he felt the lighting helps illuminate the area to avoid vehicles running into the curb. Council agreed. City Council Minutes 14 January 16, 2001 Council receaaed to Cloaed Seaalon aa delineated on Page 1. The City Council meeting reconvened with no deciMon, being mada in Cloud Seaslon which require reporting pumuant to Section 54957.1 of the Govamment Coda (Brown Act). ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California