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2002 01 15 CC Minutes LA QUINTA CITY COUNCIL MINUTES JANUARY 15, 2002 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, Sniff, Mayor Pe~a ABSENT: Council Member Perkins MOTION -It was moved by Council Members Sniff/Henderson to excuse Council Member Perkins. Motion carried unanimously. PUBLIC COMMENT - None CLOSED SESSION 1. Conference with legal counsel regarding pending litigation, City of La Quinta v. Coachella Valley Water District, pursuant to Government Code Section __ 54956.9(a). Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT- None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None City Council Minutes 2 January 15, 2002 PRESENTATIONS - None WRITTEN CORRESPONDENCE Council Member Henderson referenced a letter from the League of California Cities regarding Proposition 42 and requested that a Resolution of Support from the City be placed on a future agenda for consideration. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of January 3, 2002, as submitted. Motion carried unanimously with Council Member Perkins ABSENT. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 15, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT AS OF NOVEMBER 30, 2001. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED NOVEMBER 30, 2001, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2001. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29457-2, RANCHO LA QUINTA. (RESOLUTION NO. 2002-02) 5. APPROVAL OF THE 4TH AMENDMENT TO THE AGREEMENT WITH RIVERSIDE COUNTY FOR LAW ENFORCEMENT SERVICES ADDING A DEPUTY TO SERVE ON THE COACHELLA VALLEY VIOLENT GANG CRIME TASK FORCE. 6. APPROVAL OF A PROPOSAL FOR AN OFFICE OF TRAFFIC SAFETY (OTS) GRANT. 7. ADOPTION OF A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO VACATE PORTIONS OF: AVENIDA BERMUDAS NORTH OF CALLE TAMPICO; CALLE AMIGO NEAR AVENUE 52; AVENUE 48 WEST OF WASHINGTON STREET; AND A 12-FOOT UTILITY EASEMENT BETWEEN LOTS 16 AND 17 OF TRACT 2667. (RESOLUTION NO. 2002-03) City Council Minutes 3 January 15, 2002 8. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 25953 - $ONRISA. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR AND PLANNING COMMISSIONERS TO ATTEND THE LEAGUE OF CALIFORNIA CITIES PLANNERS INSTITUTE TO BE HELD IN MONTEREY, CALIFORNIA, MARCH 20-22, 2002. 10. APPROVAL OF A FINANCING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF LA ("~UINTA FOR PARK IMPROVEMENTS TO THE CIVIC CENTER CAMPUS AND ADOPTION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445. (RESOLUTION NO. 2002-04) MOTION -It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item Nos. 4, 7, and 10 being approved by RESOLUTION NOS. 2002-02 through 2002-04 respectively. Motion carried unanimously With Council Member Perkins ABSENT. MINUTE ORDER NO. 2002-02. BUSINESS SESSION 1. CONSIDERATION OF CITY COUNCIL COMMITTEE APPOINTMENTS FOR THE YEAR 2002. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Henderson suggested eliminating Palm Springs Desert Resorts Airline Services Committee from the list since the Airline Services Committee no longer meets. She also noted the LAFCO appointment is not made by the City Council. There was a brief discussion regarding the Riverside County Free Library System Advisory Committee which resulted in a consensus to leave the position vacant. Mayor Pe~a noted Coachella Valley Economic Partnership (CVEP) is attended by staff and should be added to the list for annual review. In response to Mayor Pe~a, Management Analyst Casillas confirmed some of the cities' elected officials participate on a rotation basis. City Council Minutes 4 January 15, 2002 Assistant City Manager Weiss stated he understood CVEP is sending a letter requesting La Quinta to select a designee for the rotation. Council Member Henderson noted La Quinta opposed the amendment to have elected officials on the Board. Mr. Weiss advised the amendment to the by-laws was approved by a majority of the membership. Therefore, all cities are expected to participate in the rotation. Council Member Adolph recommended all committee appointments remain the same for 2002. A brief discussion ensued regarding the Art Purchase Committee resulting in a consensus to address that issue at a later date. Mayor Pe~a noted the need to determine if Council Member Perkins wishes to remain as the alternate on the Riverside County Transportation Commission (RCTC). MOTION - It was moved by Council Members Sniff/Adolph to.' 1) modify the Committee list by adding Coachella Valley Economic Partnership (CVEP), removing LAFCO and the Palm Springs Desert Resorts Airline Services Committee, and indicating a vacancy for the Riverside County Free Library System Advisory Committee; and 2) retain all other committee appointments for 2002. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2002-03. 2. CONSIDERATION OF ESTABLISHING A BUSINESS DISTRICT IN THE VILLAGE. Assistant City Manager Weiss presented the staff report. Council Member Adolph asked if businesses in the Village had been contacted to see how they feel about the issue, to which Mr. Weiss responded no. Mayor Pe~a stated he felt that should be the next step and asked which of the Valley cities have a business district. Council Member Henderson agreed with finding out how the business owners. feel about the issue before spending much money on it and noted one property owner in the Village would have a large voice in the matter. She supported City Council Minutes 5 January 15, 2002 funding up to $5,000 to distribute a survey with "boiler plate" information on a business district. Council Member Sniff stated he felt it would be inappropriate to place the financial burden of a business district on Village businesses at a time when they are struggling to survive. He also felt it would require more than "boiler plate" information to get a response from the businesses. Council Member Adolph reported he spoke to Wells Marvin, a large property owner in the Village, and he is not supportive of a business district at this time. He also spoke to a business owner in the Von's Shopping Center who questioned why the emphasis is on the Village. He couldn't support a business district at this time and felt it's something the businesses should initiate rather than the City. Mayor Pe~a commented on the need to be progressive to meet future needs and suggested staff contact businesses to find out if there is any support for this. He further suggested contacting the-Chamber of Commerce to see where businesses are on this issue. City Manager Genovese expressed concern about having sufficient staff time to make the contacts. Mayor Pe~a suggested mailing a letter to businesses to ask for a response or to attend a public meeting on the issue. Council Member Sniff commented on the difficulty of sufficiently explaining a business district concept in a letter and stated he felt it was premature at this time. Mayor Pe~a proposed working with the Chamber of Commerce to see if they could send out a survey to business members in La Quinta. Council Member Henderson expressed interest in knowing how effective Palm Desert's El Paseo group has been in generating their own vitality. She noted La Quinta has new businesses that were not here two years ago. Mayor Pe~a suggested holding the Chamber's workshop meeting at City Hall and inviting businesses to attend to discuss the issue in more detail. Valerie Smith, of the La Quinta Chamber of Commerce, stated the next workshop meeting is in February. She noted the Chamber will need the City to City Council Minutes 6 January 15, 2002 provide a list of the business owners since not all of the businesses are members of the Chamber. Council Member Sniff stated he would support sending a letter, with an information sheet, inviting property owners in the Village to attend an informal meeting in the study session room to explain the concept. Mr. Weiss noted there are two types of business districts and since one of them is based on property assessments, the Council may wish to invite all property owners in the Village, including land that is not developed. Council concurred. Ms. Smith confirmed the February meeting might be too soon and stated she would coordinate a different date. Council concurred. No action was taken. 3. CONSIDERATION OF A PROPOSAL TO SURVEY RESIDENTS REGARDING POTENTIAL RECREATION OPTION FOR CITY-OWNED LAND AT THE SOUTH END OF THE COVE. Assistant City Manager Weiss presented the staff report. Mayor Pe~a and Council Member Adolph voiced opposition to doing a survey. Council Member Henderson commented on the community's wish to be surveyed on various issues. Mayor Pe~a suggested input could be gained at a public meeting. City Manager Genovese noted the Park Master Plan currently in process might provide an opportunity to solicit input from the community. Council Member Sniff expressed concern that sending the survey to all La Quinta residents would stir up animosity because it only relates to the Cove area. He also felt many residents are against developing open space areas, such as alluvial fans, and suggested if a survey is done that it be restricted to the Cove. City Council Minutes 7 January 15, 2002 ,. Council Member Adolph noted development of the property south of Calle Tecate would defeat two of his goals in updating the General Plan, which is to reduce traffic and maintain open space. No action was taken. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee -- Council Member Sniff reported the Waste Management Subcommittee will be listening to proposals February 1 St. Palm Springs Desert Resorts Convention & Visitors Authority -- Council Member Henderson reported the Authority has voted to lease property from the City of Rancho Mirage for $1/year and to build a $3 million structure on the property, rather than lease a facility to be built by the City of Palm Desert. She stated she did not support the action because she didn't feel the Authority should own a building. She further reported the CVA elected new officers and is recommending the policy of using the Chairperson's City Attorney during the Chair's term of office, be eliminated and that legal counsel for CVA be hired. Council Member Sniff asked how the building would be funded, and if there would be any additional financing responsibility to La Quinta. He also asked about the cost difference between the two options. Council Member Henderson responded the financing plan with Cai-Leasing will not generate additional monthly overhead because the monthly payment for construction of the building will be close to the amount CVA currently pays for a building lease. Regarding the cost difference, after 20 years the Authority will own the new building instead of having to continue leasing from Palm Desert. However, there is an education process that takes place every two years because of the election cycle and there's always some question as to whether or not everyone will continue their membership. She noted one city, whose Mayor is the current Chairman, owes two years in past membership costs that will probably be written off during that city's bankruptcy proceedings. All other reports were noted and filed. City Council Minutes 8 January 15, 2002 DEPARTMENT REPORTS 5-A. NEW TENTATIVE DATES FOR THE PLANNING COMMISSION AND CITY COUNCIL PUBLIC HEARING ON THE GENERAL PLAN. Community Development Director Herman proposed changing the City Council Public Hearing on the General Plan to March 20, 2002. Council concurred. REPORTS AND INFORMATIONAL ITEMS ........ continued CVAG Transportation Committee -- Council Member Sniff advised he attended the Transportation Committee meeting as the alternate and that a discussion took place regarding the method of assessments for the 1-10 interchanges. After some discussion, the Committee voted to recommend another survey be done for the Jefferson Street interchange due to some concerns voiced by the City of Indio about the assessment amount. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING CITY ATTORNEY AND CITY MANAGER ROLE IN CVA (PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY). Council Member Sniff referred to the CVA's practice of using the Chairperson's City Attorney instead of having its own legal counsel and voiced concern about defacto policy decisions being made. He felt the City should consider disentangling itself from this policy since one of its elected officials could once again become the Chairperson. He felt there's significant and serious risk factors involved and noted the City has to bear the costs when its City Attorney is used by the CVA. He wished to have a recommendation from staff to make sure something is proposed or enacted to alleviate the potential in the future. It was his understanding that the JPA Agreement does not reference using the City Attorney, City Manager, and Finance Director of the Chairperson. Council Member Henderson reiterated her earlier comments that there has been a recommendation to no longer use this policy and that the CVA will be hiring its own legal counsel. City Council Minutes 9 January 15, 2002 Council Member Sniff expressed a desire to see it in writing. Mayor Pe~a noted an amendment to the JPA Agreement may be needed. Council Member Henderson commented that she felt the CVA would send a notice to member jurisdictions once the recommendation is approved. Council Member Adolph asked when the practice began. Council Member Henderson responded she understood it had always been the practice and noted she informed City Council of the practice when she became the Chairperson. She further noted the policy became an issue when Rancho Mirage's City Attorney had to review the general manager's contract. City Manager Genovese stated an amendment will not be required because the policy is not addressed in the agreement. If it takes a while to hire an attorney, CVA can contract for outside legal services in the interim. Council Member Sniff was concerned about leaving it hanging and suggested getting a letter from the general manager regarding the recommended change in policy. Council Member Henderson noted the issue will go back to the Executive Board once TAC has addressed it and then the City can deal with it. 2. DISCUSSION OF CITY LIBRARY. Council Member Adolph stated he requested this item be placed on the agenda because of a $25,000 bequest he understood would be going to the City library. He has since learned the amount is subject to what is left in the estate once everything else is distributed. He then commented on the County's latest expenditure report for the library and stated he has asked the City Manager to obtain more specific information on what the expenditures are for. He said he's still looking for the 103% return. Council recessed to the Financing Authority meeting. Council reconvened and recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. City Council Minutes 10 January 15, 2002 7:00 P.M. Council reconvened with Mayor Pe~a and Council Member Perkins absent. PUBLIC COMMENT John McLaughlin, 44-405 Willow Circle, addressed the City Council in support of Measure B on the March 5, 2002 ballot. He commented on the need to increase the level of fire fighters for adequate coverage of all shifts. Robert Cox, 78-315 Crestview Terrace, spoke in favor of Measure B and stressed the importance of funding paramedic services for each of the three fire stations. PRESENTATIONS Queen Scheherazade Diana Ramirez and Princess Jasmine Stefanie Gutierrez, accompanied by Queen Mom Terry Neuenswander, representing the Riverside County Fair and National Date Festival, extended an invitation to the City of La Quinta to attend the event February 15-24, 2002. Princess Jasmine inquired if the City plans to reinstate a Miss La Quinta scholarship pageant. Mayor Pro Tem Sniff commented that the City Council hopes someone will step forward to conduct a Miss La Quinta pageant again. PUBLIC HEARINGS 1. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-436; GENERAL PLAN AMENDMENT 2001-083 AND ZONE CHANGE 2001-105 TO CHANGE THE LAND USE AND ZONING DESIGNATIONS FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND TOURIST COMMERCIAL; AND SPECIFIC PLAN 2001-005 TO REVIEW DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR TOURIST COMMERCIAL USES FOR "THE GATEWAY" LOCATED AT THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET. APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY. Community Development Director Herman presented a brief staff report and requested the item be continued to February 5, 2002. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:1 6 p.m. City Council Minutes 11 January 15, 2002 MOTION -It was moved by Council Members Henderson/Adolph to continue the public hearing for EA 2001-436, GPA 2001-083, CZ 2001-105, and SP 2001-005 until February 5, 2002. Motion carried unanimously with Council Member Perkins and Mayor Pe~a ABSENT. MINUTE ORDER NO. 2002-04. 2. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-433; GENERAL PLAN AMENDMENT 2001-082 TO CHANGE CERTAIN STANDARDS RELATED TO INTERSECTION SPACING IN THE GENERAL PLAN; SPECIFIC PLAN 2002-054 ESTABLISHING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR THE CONSTRUCTION OF A 120,700 SQUARE FOOT NEIGHBORHOOD SERVICE STATION AT THE NORTHWEST CORNER OF THE SITE; AND SITE DEVELOPMENT PERMIT 2001-711 FOR THE SUPERMARKET, BANK, AND DRUGSTORE BUILDINGS TO BE LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND JEFFERSON STREET. APPLICANT: RLF DEVELOPMENT. Planning Manager di Iorio presented the staff report. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:20 p.m. In response to Council Member Adolph, Ms. di Iorio advised drive-thru uses are allowed in the Specific Plan and the bank on pad D is proposed to have a drive- thru window. Council Member Adolph questioned the number of ingress and egress openings to the site and asked about the traffic patterns, particularly if any of the other pads contain a drive-thru use. Council Member Henderson commented on the difficulty of pronouncing the name "Pueblo Plaza." Tim Bartlett, 73-382 Salt Cedar, Palm Desert, the applicant, requested a continuance to the next meeting to allow him an opportunity to confer with his tenant about some of the conditions of approval he was just made aware of. MOTION - It was moved by Council Members Henderson/Adolph to grant the continuance requested by RLF Development to February 5, 2002. Motion carried unanimously with Council Member Perkins and Mayor Pe~a ABSENT. Mr. Bartlett stated they welcome any name suggestions from the Council. City Council Minutes 12 January 15, 2002 ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Adolph to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California