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2001 07 17 CC Minutes LA QUINTA CITY COUNCIL MINUTES JULY 17, 2001 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pe~a. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a ABSENT: None PUBLIC COMMENT - None CLOSED SESSION - None Council recessed to Redevelopment Agency and until the hour of 3:00 p.m. 3:00. P.M. Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of June 26, 2001, as submitted. Motion carried unanimously. City Council Minutes 2 July 17, 2001 MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of July 3, 2001, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Adolph/Sniff to approve the City Council Minutes of July 5, 2001, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 17, 2001. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31, 2001. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR MAY 31, 2001, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2001. 4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28470-2, TRADITIONS. 5. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28470-3, TRADITIONS. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28867, TRADITIONS. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28612, TRADITIONS. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29858-2, RJT. (RESOLUTION NO. 2001-95) 9. DENIAL OF CLAIM FOR DAMAGES FILED BY EMILY GONZALES, DATE OF LOSS: APRIL 16, 2001. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY LISA CARR, DATE OF LOSS: MAY 8, 2001. 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 30146 (KSL) LANDAQ, INC. (RESOLUTION NO. 2001-96) City Council Minutes 3 July 17, 2001 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DEPARTMENT SECRETARY TO ATTEND REC-WARE TRAINING TO BE HELD AUGUST 21-22, 2001, IN SACRAMENTO, CALIFORNIA. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ATTEND THE 2001 INTERNATIONAL PUBLIC WORKS CONGRESS AND EXPOSITION SPONSORED BY THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA) SEPTEMBER 9-12, 2001, IN PHILADELPHIA, PA. 14. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR LANDSCAPE LIGHTING MAINTENANCE (KRIBBS CONSTRUCTION). 15. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT FOR FISCAL YEAR 2001/2002 (LUNDEEN PACIFIC). 16. APPROVAL OF THE PURCHASE OF COMPUTER SOFTWARE FROM CROSSROADS SOFTWARE IN AN AMOUNT NOT TO EXCEED $40,000 FOR GIS TRAFFIC ANALYSIS SOFTWARE AND RELATED SERVICES IN CONNECTION WITH STATE OFFICE OF TRAFFIC SAFETY (OTS) GRANT FOR YEAR 2O00. 17. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR COORDINATION OF VILLAGE EVENTS. 18. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA STATE DEPARTMENT OF REHABILITATION. MOTION -It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and with Item Nos. 8 and 11 being approved by RESOLUTION NOS. 2001-95 and 2001-96 respectively. Motion carried unanimously. MINUTE ORDER NO. 2001-105. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2001/2002 LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. City Manager Genovese presented the staff report. City Council Minutes 4 July 17, 2001 Council Member Perkins asked if sufficient funds exist in the budget to hire a second motor officer. Mr. Genovese advised the current estimated revenues over expenditures is approximately $119,000 and the annual cost for a motor officer is $210,000. Finance Director Falconer referred to carry-over CLEEP funding for police equipment and COPS funding for police operations totaling $142,849 that might be available for a motor officer depending on eligibility requirements. Council Member Perkins stated he would like to have consideration of an additional motor officer brought up at a later date. After a brief discussion, Council concurred to consider a second motor officer at mid-year budget review. Council Member Sniff suggested increasing compensation for vehicular use due to rising fuel costs. Council concurred to review the issue during mid-year budget review. Council Member Adolph stated he supports the budget except for the reduction of $213,000 from the Preliminary Budget and the reduction of $1 2,000 from the Special Projects Contingency Fund. He questioned the appropriateness of allocating funds for obelisks, fireworks, and stuffed animals, as well as subsidizing an ongoing business enterprise in the amount of $350,000. Mayor Pe~a noted the $350,000 was housing set-aside funds used for affordable housing. RESOLUTION NO. 2001-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2001/2002 AND APPROVING A BUDGET FOR FISCAL YEAR 2001/2002. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2001-97 as submitted. Motion carried unanimously. City Council Minutes 5 July 17, 2001 2. CONSIDERATION OF COMMUNITY SERVICES GRANT PROCESS. Community Services Director Horvitz presented the staff report. MOTION - It was moved by Council Members Sniff/Adolph to approve changes to the Community Services Grant funding criteria. In response to Council Member Henderson, Ms. Horvitz confirmed Council had requested this item be brought back for consideration and that there are no changes to the program. Motion carried unanimously. MINUTE ORDER NO. 2001-106. 3. CONSIDERATION OF PLACEMENT OF REIMAN ART PIECE. Community Services Director Horvitz presented the staff report. After a brief discussion, Council concurred to locate the naiman art piece on the east side of the south entrance to City Hall. _ In response to Mayor Pe~a, Ms. Horvitz confirmed the art piece will be placed at an angle to compliment the art piece located on the west side of the south entrance. MOTION - It was moved by Council Members Sniff/Adolph to direct staff to locate the naiman art piece on the east side of the south entrance to City Hall on a base compatible with the art piece on the west side and to allocate up to $750 from the Art in Public Places Fund to be used for the base construction. Motion carried unanimously. MINUTE ORDER NO. 2001-107. 4. CONSIDERATION OF PLACEMENT OF DARROLL ART PIECE. Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, Ms. Horvitz confirmed the art piece will be placed on individual concrete pillars with grass under the art piece. Council Member Sniff supported locating the art piece north of the tennis courts with the opening facing Avenue 52. City Council Minutes 6 July 17, 2001 Council Member Henderson stated she felt the art piece would be better viewed if the opening was not toward the street. Mayor Pe~a agreed the opening should be toward Avenue 52. In response to Council Member Adolph, Ms. Horvitz stated a location near the playground would not be appropriate since the art piece is not designed to be a piece of playground equipment. Council Member Sniff referenced Council's previous discussion about repainting the art piece with the City logo colors. In response to Council Member Sniff, Ms. Horvitz reviewed the cost estimates for transporting and installing the art piece. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to locate the Darroll art piece at the Fritz Burns Park immediately north of the tennis courts and perpendicular to Avenue 52 and to allocate up to $9,500 from the Art in Public Places Fund for relocation and repainting costs (colors to be near as possible to City logo colors). Motion carried unanimously. MINUTE ORDER NO. 2001 - 108. STUDY SESSION 1. DISCUSSION OF OPTIONS FOR CITY LIBRARY SERVICES. Assistant City Manager Weiss presented the staff report. In response to Council Member Sniff, Gary Christmas, Riverside County Librarian, confirmed the Board of Supervisors is considering a new Developer Impact Fee structure, which specifically identifies $590,863 for the La Quinta Library. He noted the current fee structure also has a provision to collect a library fee and felt some type of agreement could be worked out if the new rate structure is not approved. Council Member Sniff noted there is no guarantee the Board of Supervisors will approve the new fee structure. Mayor Pe~a noted the issue would become a contractual obligation if the City enters into an MOU with the County. City Council Minutes 7 July 17, 2001 In response to Council Member Adolph, Mr. Weiss confirmed the City continues to monitor available library grant funds. Council Member Henderson noted the City is currently going through the process of selecting an architect for a new library and asked what additional benefit there would be in having the County's participation. Mr. Weiss stated the County has offered to use their expertise to help the City with grant applications and to help design a workable library facility. Council Member Sniff stated he was more comfortable with the City designing the library rather than the County participating in the design. Mr. Weiss confirmed the estimated operating costs is based on the size and functions of the current library and that the costs of a larger library will increase dramatically. In response to Council Member Adolph, Mr. Weiss stated, as in the past, the library service level can be negotiated in the MOU. City Manager Genovese confirmed the Council will have the opportunity to set the service levels and hours of operation. Council Member Henderson noted the County currently contracts with LSSI who sets the service levels based on feedback from the Zone Advisory Board. Council Member Adolph remarked the City of Rancho Mirage is happy with their decision to operate their own library. James Calvin, member of the Friends of the La Quinta Library, spoke in support of local control and expressed a desire for the library to be open every day and to provide more senior programs. He also spoke regarding the unfriendly and unhelpful nature of the La Quinta library staff. Bob Wright, 44-330 Camino Lavanda, President of Friends of the La Quinta Library, recommended withdrawing from the County Library System and retaining 100% of the library tax monies for the purpose of constructing a suitable library for La Quinta residents. Robert Atkins, 79-322 Cetrino, spoke in support of withdrawing from the County Library System. He questioned why the City should give a million dollars to the County then wait and see what the County gives back. He felt it's obvious the County is not providing sufficient funds for the library because the Friends of the Library have been asked to purchase books and pay for library programs. City Council Minutes 8 July 1 7, 2001 Honey Atkins, 79-322 Cetrino, encouraged Council to consider a City-managed library. Joe Irwin, 44-065 Camino La Cresta, referenced a question in the staff report as to whether or not the funds can be used for library operations as opposed to capital costs. Lucy McGowan, 48-604 Calle Esperanza, member of Friends of the La Quinta Library, spoke in support of withdrawing from the County Library System. Kay Wolff, 77-227 Calle Ensenada, stated she felt it's an issue of fairness and that La Quinta shouldn't pay any higher percentage than other cities such as Palm Desert. She wished to know how La Quinta's percentage compares to the other cities. She felt $591,000 for construction of a library is too little and too late. Council Member Sniff noted there's a significant difference between the total revenue generated amount of $2.6 million and the $1.793 million the City would receive over the three-year period. Mr. Weiss stated the County's percentage amounts to approximately $506,000 for the three-year period but they are offering to offset that amount with a contribution to the capital fund and the City would also get the management overhead from the County. He advised the specifics of the County's contribution of $590,863 would be negotiated in the MOU. In response to Council Member Sniff, City Attorney Jenson advised a new MOU can be negotiated or the existing MOU can be amended. Council Member Sniff questioned the County being privy to grant funds that the City wouldn't have access to and questioned what happens to the revenue percentage the City doesn't receive. Mr. Weiss advised that percentage is retained by the County for other library services. Mayor Pe~a noted La Quinta residents are not prohibited from using other libraries in the valley. Council Member Sniff stated he understood that but noted La Quinta residents wouldn't have to use other libraries if La Quinta had a fully-functional library. In response t° Council Member Sniff, Mr. Weiss confirmed the possibility of the City receiving 100% of the library property tax if the City withdraws from the County Library System. City Council Minutes 9 July 17, 2001 Ms. Jenson advised County Counsel has been asked repeatedly about that issue but has not responded to the City. Council Member Sniff stated he did not find the County's proposal compelling. Mr. Weiss noted under the County's proposal the City would receive approximately $2.1 million plus a capital contribution of $590,863, which more · than offsets the approximately $506,000 that goes to the County. In response to Mayor Pe~a, Ms. Jenson advised State Law mandates the library property tax funds be used for library purposes, either operations or capital improvements. In response to Council Member Adolph, Mr. Genovese explained if the library is built with redevelopment funds, the loan ~vould ultimately be repaid from various sources, including the DIF and any accumulation of library funds. In response to Council Member Adolph, Ms. Jenson confirmed the revenue funds could be used to repay the redevelopment loan. .... Council Member Adolph asked if there would be a way in the future to reduce the library property tax burden on the citizens should the need for library funds be reduced. Mr. Genovese responded that issue would take legal research since it's part of the total tax formula levied by the County. Mayor Pe~a asked Mr. Christmas if he could answer the questions regarding comparisons of other cities' percentages, the length of time there has been an imbalance in the fund distribution, and respond to the unhappiness with management or level of service. Mr. Christmas stated most cities receive a level of service comparable to their contribution except for La Quinta, which the County is attempting to address through the proposed MOU. He wasn't sure how long the imbalance has existed but noted considerable progress has been made under the current MOU. As for complaints about management, he hasn't received any but will address those mentioned today. Council Member Adolph noted since he has been on the Council the City has given the County approximately 83.6 million in library property tax dollars and has received back only $1.6 million. Council Member Sniff supported withdrawing from the County Library System, contracting with an agency such as LSSI, and building a City library. He felt the City Council Minutes 10 July 17, 2001 City should use all of its library property tax dollars to support its own library system. Council Member Adolph stated he has long supported reversing the upside-down situation with the County Library System and believes it's time for the City to move forward and operate its own library. Should an MOU with the County be necessary, he would only support a one-year agreement. He understood from the City of Rancho Mirage that they retain 100% of their library property tax dollars. Council Member Perkins expressed concern about the City trying to take over library services at the same time it's constructing a library. He didn't have a problem asking the County to help design the facility. Council Member Henderson commented on how the current library site and hours of operation were selected and stated she sensed a substantial lack of communication between the Friends of the La Quinta Library, the City Council, and LSSl. She reviewed several issues related to the past four years of library operations under the County Library System and noted the issue as to whether or not the City can use redevelopment funds for library operations is less questionable than it has been in the past but is still not a settled issue. She noted the City was instrumental in the success of keeping the integrity of the Coachella Valley library system operating and that several of the smaller libraries offered to give up hours of operation to La Quinta in order to retain La Quinta in the system. She noted under the County's proposal, the County will retain approximately $506,000 of the revenue to be used for library operations in the Desert Library Zone but will give La Quinta approximately $590,000 in construction revenue, which is approximately $84,000 more than they will retain. She supports "home rule" but also believes it requires judicious and prudent decision making. Therefore, in light of the County's proposal to give 103.2% of the revenue back to La Quinta, she didn't find it difficult to know what direction to give staff regarding this issue. Mayor Pe~a stated he felt although the Council wants a City library, the bottom line is "at what cost" and he felt service to both the local and regional communities should be considered. He voiced concern about the City moving forward with the library operations and possibly beginning programs it may not be able to continue. He supported directing staff to negotiate an MOU with the County and to come back with a time line for construction of a library. He felt there's a need to look at the long-term viability of the City supporting its own library. He believed better communication is needed between the various organizations involved with the library issue. City Council Minutes 11 July 17, 2001 In response to Council Member Sniff, Mr. Weiss advised the deadline for filing a Notice of Intent to withdraw from the County Library System is September 30, 2001. Council Member Sniff suggested directing staff to prepare a Notice of Intent for Council's consideration and added he felt it might provide the City with some leverage. Council concurred to direct staff to bring this issue back to Council in 30 days. Council Member Perkins stated he wished to find out what the overhead costs (management and supervision) would be based on the current library operation. Council Member Henderson suggested looking at the percentage of time staff would have to dedicate to library operations and Mayor Pe~a noted those costs will depend on whether or not the City contracts with an outside agency. Mayor Pefia left the meeting at 5:20 p.m. REPORTS AND INFORMATIONAL ITEMS , CVAG Human & Community Resources Committee -- Council Member Adolph reported the Committee has forward the Valleywide Animal Campus issue to the Executive Committee with a recommendation for approval. He has informed the Committee that La Quinta prefers to stay with the Indio Animal Shelter. City Manager Genovese noted the Executive Committee's approval will be conceptual and that the issue will go back to each jurisdiction for consideration. Due to discussions held at CVAG regarding the concerns of the east valley, he felt there are no preconceived notions that all of the cities will be a part of it. CVAG Energy & Environmental Resources Committee -- Council Member Sniff reported a committee is being formed to discuss a Uniform Model Building Energy Efficiency Ordinance for the valley. He also reported SCAQMD will be placing signs at projects with contact names and phone numbers for people to call. when dust problems arise on the site. He noted if the dust problem is not addressed, construction in the valley could be shut down. Council Member Perkins asked if businesses and residences are required by code to display street addresses. City Council Minutes 12 July 17, 2001 Community Development Director Herman advised he would look into the regulations and report back to Council. League of California Cities-Riverside Division -- Council Member Henderson reported the August 13th meeting will be held at Rancho La Quinta with Chris McKenzie as the speaker. He will be giving an informative presentation on the formation of cities and the governmental process and she suggested the possibility of inviting two or three members of the public to attend. Palm Springs Desert Resorts Convention & Visitors Authority -- Council Member Henderson reported the current arrangement to subsidize American Airlines service at Palm Springs International Airport is coming to an end and the JPA has moved to support negotiations with American Airlines with a funding source completely unknown at this time. She felt the pressure from the hospitality industry to continue the arrangement should be placed back on their shoulders to figure the situation out. All other reports were noted and filed. DEPARTMENT REPORTS 3-B. SCHEDULE FOR JOINT CITY COUNCIL/COMMISSION MEETINGS. After a brief discussion, Council concurred to schedule a joint meeting with the various City commissions on September 25, 2001, beginning at 5:00 p.m. 5. REQUIREMENTS TO DISPLAY RESIDENTIAL/BUSINESS ADDRESSES. Community Development Director Herman advised, in response to Council Member Perkins' earlier question, that both residences and businesses are required to display street addresses. Council Member Perkins asked staff to look into enforcement of the regulation. 8. MONTERO ESTATES SOUND WALL. In response to Council Member Adolph, Public Works Director Vogt advised staff will be coming back to Council with one design concept and costs for the City Council Minutes 13 July 1 7, 2001 Montero Estates sound wall. Staff has also asked the design engineer to provide costs for the wall across the street to attain a similar design. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE BERM ON AVENUE 54. Council Member Adolph noted the City Code does not address maximum heights of berms and stated he felt the issue should be addressed. Council concurred to direct staff to address that issue in the General Plan update. Council recessed to and until 7:00 p.m. 7:00 P.M. Council reconvened with Mayor Pe~a absent. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CERTIFY A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418, AND A REQUEST FOR APPROVAL TO CHANGE THE ZONING DESIGNATION TO LOW DENSITY RESIDENTIAL AND THE GENERAL PLAN TO LOW DENSITY RESIDENTIAL FOR APPROXIMATELY 240 ACRES WITHIN THE SPHERE OF INFLUENCE OF THE CITY OF LA QUINTA FOR SUBSEQUENT ANNEXATION, BOUNDED ON THE NORTH BY AVENUE 52, ON THE EAST BY MONROE STREET, ON THE SOUTH BY AVENUE 53, AND EAST OF THE EXISTING CITY LIMIT LINES. APPLICANT: NRI, LA QUINTA LIMITED PARTNERSHIP. · . --- Community Development Director Herman advised the applicant has requested a continuance to August 7, 2001. City Council Minutes 14 July 17, 2001 MOTION -It was moved by Council Members Henderson/Adolph to continue the public hearing on the applications by NRI, La Quinta Limited Partnership to August 7, 2001. Motion carried unanimously with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2001-109. 2. PUBLIC HEARING FOR SITE DEVELOPMENT PERMIT 99-651 AMENDMENT NO. 1, A REQUEST TO AMEND CONDITION NO. 17 OF CITY COUNCIL RESOLUTION NO. 99-71 REQUIRING REMOVAL OF THE TEMPORARY MODULAR OFFICES BY JUNE 1, 2001, TO BE EXTENDED UP TO NOVEMBER 30, 2001, LOCATED AT 55-900 THROUGH 55-940 PGA BOULEVARD IN PGA WEST. APPLICANT: KSL DEVELOPMENT CORPORATION. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph thanked the developer for notifying PGA West residents of the proposed amendment. RESOLUTION NO. 2001-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT ALLOWING CONTINUED USE OF THE EXISTING MODULAR OFFICE UNITS IN PGA WEST UNTIL NOVEMBER 30, 2001. (SITE DEVELOPMENT PERMIT 99-651, AMENDMENT NO. I - KSL DEVELOPMENT CORPORATION). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2001-98 as submitted. Motion carried unanimously with Mayor Pe~a ABSENT. ADJOURNMENT There being no further business, it was moved by Council Members Adolph/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California