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2002 05 07 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 7, 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, Perkins, Sniff, Mayor Pe~a ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with City's legal counsel regarding pending litigation, South of Airport Neighborhood Association v. City of La Quinta, Riverside Superior Court Case No. INC 028505, pursuant to Government Code Section 54956.9(a). 2. Conference with legal counsel regarding initiation of litigation (one matter) - Government Code Section 54956.9(c). Council recessed to Redevelopment Agency and to Closed Session to 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 City Manager Genovese noted a closed session item was added to the agenda as an urgency item during the 2:00 p.m. session. Council Member Adolph requested Consent Item Nos. 2, 11, 13, and 14 be pulled for separate action. Mayor Pe~a requested Consent Item Nos. 5 and 7 be pulled for separate action. Council Member Henderson requested Consent Item No. $ be pulled for separate action. City Council Minutes 2 May 7, 2002 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 April 9, 2002, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of April 16, 2002, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Henderson spoke regarding Item No. 12 and expressed appreciation for the significant amount of work accomplished by the Historic Preservation Commission. 1. APPROVAL OF DEMAND REGISTER DATED MAY 7, 2002. 2. ADOPTION OF THE CITY'S 2002/2003 ECONOMIC DEVELOPMENT PLAN. (See separate action below.) 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 30147, ONE ELEVEN LA QUINTA CENTER. (RESOLUTION NO. 2002-60) 4. ADOPTION OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF ANNUAL ASSESSMENT FOR COMMUNITY SERVICE AREA (CSA) 152, AUTHORIZE THE COUNTY OF RIVERSIDE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCEL UNDER CSA 152 (RESOLUTION NO. 2002-61 ) 5. APPROVAL OF CONTRACT CHANGE ORDER NO. 75 TO GRANITE CONSTRUCTION COMPANY TO COMPLETE OUTSTANDING SCOPE OF WORK FOR JEFFERSON STREET IMPROVEMENTS, PHASE I (AVENUE 54 TO HIGHWAY 111), PROJECT NO. 99-05. (See separate action below.) City Council Minutes 3 May 7, 2002 6. ADOPTION OF A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2002/2003 (RESOLUTION NO. 20O2-62) 7. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT THE FRITZ BURNS PARK COURT LIGHTING IMPROVEMENTS, PROJECT NO. 2000-15. (See separate action below.) 8. APPROVAL OF CITY COUNCIL GOALS. (See separate action below.) 9. APPROVAL OF A FINAL MAP FOR PARCEL MAP 28617, GREEN PROPERTY, SOUTH OF THE QUARRY. 10. APPROVAL OF COMPENSATION FOR ADDITIONAL SERVICES IN CONJUNCTION WITH A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WLC ARCHITECTS FOR DESIGN OF THE THIRD FIRE STATION, PROJECT NO. 2001-14. 11. ADOPTION OF A RESOLUTION ASSIGNING RETAIL VALUE OF CERTAIN CITY ECONOMIC DEVELOPMENT ITEMS. (See separate action below.) 12. APPROVAL OF THE HISTORIC PRESERVATION COMMISSION'S 2001 ANNUAL CULTURAL RESOURCES REPORT FOR THE CERTIFIED LOCAL GOVERNMENT PROGRAM. 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT 29894-1, COUNTRY CLUB OF THE DESERT. (See separate action below.) 14. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT 29894-2, COUNTRY CLUB OF THE DESERT. (See separate action below.) MOTION - It was moved by CoUncil Members Sniff/Adolph to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 2, 5, 7, 8, 11, 13, and 14 and with Item Nos. 3, 4, and 6 being approved by RESOLUTION NOS. 2002-60 through 2002-62 respectively. Motion carried unanimously. MINUTE ORDER NO. 2002-50. City Council Minutes 4 May 7, 2002 Item No. 2: Council Member Adolph stated he wished to be on record that he has some exceptions to the Economic Development Plan. Council Member Henderson noted an item regarding development of a site inventory in marketing strategy to attract filming of television and movies to the City has been eliminated and suggested it be put back into the Plan. Council concurred. MOTION - It was moved by Council Members Sniff/Adolph to adopt the City's 2002/2003 Economic Development Plan as amended. Motion carried unanimously. MINUTE ORDER NO. 2002-51. Item No. 5: MOTION - It was moved by Council Members Henderson/Perkins to approve Contract Change Order No. 75 in an amount not to exceed $308,553 to construct outstanding scope of work to Jefferson Street Improvements, Phase I (Avenue 54 to Highway 111), Project No. 99-05. Motion carried with Mayor Pe~a ABSTAINING due to a potential conflict of interest. MINUTE ORDER NO. 2002-52. Item No. 7: MOTION - It was moved by Council Members Adolph/Henderson to approve the revised construction budget and award a contract in the amount of $86,997,03 to F.,E.C. Electric for the construction of the Fritz Burns Park Court Lighting Improvements, Project No. 2000-15. Motion carried with Mayor Pe~a ABSTAINING due to a potential conflict of interest. MINUTE ORDER NO. 2002-53. Item No. 8: Council Member Henderson suggested putting the issue of a City store back in the City Council Goals in order to find an outlet for the various items the City has for sale. Mayor Pe~a stated he felt "outlet" was a better term than store. Council Member Sniff suggested "outlets." City Counci~ Minutes 5 May 7, 2002 MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Goals for Fiscal Year 2002/2003 as amended (including City outlets for various forms of City merchandise). Motion carried unanimously. MINUTE ORDER NO. 2002-54. Item No. 1 1: Council Member Adolph stated he would like to know the inventory on these items and questioned some of the prices being realistic. In response to Council Member Henderson, City Manager Genovese confirmed the prices include an administrative fee and that the set-of-five price for City pens is an error and will be corrected. Council Member Adolph stated he could not support approval without some consideration to adjust the prices. MOTION It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-63 assigning retail value of certain City economic development items, and to direct staff to come back with modified prices. Motion carried unanimously. MINUTE ORDER NO. 2002-55. Item No, 13: Council Member Adolph noted maps were not included in the staff reports for Item Nos. 13 and 14. He also commented on the number of delays in the project. Interim Public Works Director Stephenson stated the lack of tract maps in the staff report was an oversight. In response to Mayor Pe~a, City Attorney Jenson confirmed the time period for the extension is at the discretion of the Council. Mayor Pe~a stated he would like to know what stage the development is in and an anticipated time for completion. Nancy Aaronson, 88-100 Avenue 53, of Country Club of the Desert, stated Tract 29894-1 is broken into parcels or lots for residential land and golf course land for the entire master plan of 988 acres. The only improvement that is part of that agreement is monumentation of the project. MOTION - It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-64 granting an extension of time for completion of improvements as specified in the approved Subdivision Improvement Agreement for a period of one year for Tract 29894-1, Country Club of the Desert. Motion carried unanimously. MINUTE ORDER NO. 2002-56. City Council Minutes 6 May 7, 2002 Item No. 14: Council Member Adolph stated he has a major problem with Tract 29894-2 because of the dust problem caused by blowing sand from the project. He felt the project should be conditioned to require the property owner to keep water on the property when the wind is blowing. Ms. Aaronson stated she understood all the areas had been shot with soil cement. Council Member Adolph noted soil cement breaks down when vehicles park on it. Ms. Aaronson agreed to have the PM10 problem looked at in a timely manner, and to work on the sidewalks, landscaping, and street improvements along Avenue 54 as soon as their financial situation is resolved In response to Mayor. Pe~a, Ms. Aaronson stated they wish to complete as much of the improvements as possible by next season but may need to request a second extension. Council Member Sniff noted one-year extensions provide more control. Council concurred. MOTION - It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-65 granting an extension of time for the completion of improvements as specified in the approved Subdivision Improvement Agreement for a period of one year for Tract 29894-2, County Club of the Desert. Motion carried unanimously. MINUTE ORDER NO. 2002-57. BUSINESS SESSION Council recessed into joint session with the Redevelopment Agency and the Financing Authority to consider Item No. 1. 1. CONSIDERATION OF: 1) AUTHORIZATION TO PROCEED WITH THE ISSUANCE OF LA QUINTA REDEVELOPMENT AGENCY 2002 PROJECT AREA NO. 1 TAX ALLOCATION BONDS; 2) APPROVAL OF BOARD DISCLOSURE COUNSEL CONTRACT; AND 3) APPROVAL OF BOND UNDERWRITER CONTRACT. Finance Director Falconer presented the staff report. Council Member Adolph asked if the bond expenses are expected to be higher than last year's bonds, to which Mr. Falconer responded NO. MOTION - It was moved by Council Members Sniff/Adolph to authorize staff and the bond team to proceed with the issuance of 2002 Project Area No. 1 Bonds and approve a contract with Stradling Yocca Carlson & Rauth to serve City Council Minutes 7 May 7, 2002 as Bond Disclosure Counsel and Wedbush Morgan Securities to provide underwriting services. Motion carried unanimously. MINUTE ORDER NO. 2002-58. 2. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. I TAX ALLOCATION BONDS, SERIES 2002, AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. Finance Director Falconer presented the staff report. RESOLUTION NO. 2002-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. I TAX ALLOCATION BONDS, SERIES 2002, AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-66 as submitted. Motion carried unanimously. 3. CONSIDERATION OF AN AWARD OF CONTRACT TO CONSTRUCT IMPROVEMENTS WITHIN PROJECT NO. 99-05B, JEFFERSON STREET MEDIAN ISLAND LANDSCAPE PROJECT, AND AUTHORIZATION TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF INDIO AND THE CITY OF LA QUINTA. Interim Public Works Director Stephenson presented the staff report. In response to Council Member Adolph, Mr. Stephenson confirmed there are no changes to the landscape plan. Council Member Adolph stated he is not pleased with the roundabout design and feels the narrow lane will be a problem as traffic increases. Council Member Perkins stated he did not support the roundabout from the beginning and feels it is improperly designed. Council Member Henderson suggested signage to slow the traffic down before it approaches the roundabout. City Counc!! Minutes 8 May 7, 2002 Mr. Stephenson advised any signage will need to be recommended by the designer, who he expects to be in contact with this week. He may have something to report back at the next Council meeting. Council Member Adolph commented on the number of pedestrian signs and suggested replacing some of them with signs to slow traffic down. Council Member Sniff pointed out the intersection can be returned to a four-way stop if Council determines it is needed. MOTION - It was moved by Council Members Sniff/Adolph to approve and authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of La Quinta and the City of Indio for median island landscaping, landscape lighting, and irrigation facilities on Jefferson Street from Highway 111 to Avenue 54, and award a contract to Sierra Landscape Co. Inc. in the amount of $914,352 to construct the Jefferson Street Median Island Landscaping Improvements, Project No. 99-05B. Motion carried unanimously. MINUTE ORDER NO, 2002-59, 4. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. Community Services Director Horvitz presented the staff report. She confirmed these are the last grant requests to be presented this fiscal year. Community Blood Bank Council Member Henderson stated she would support a grant amount of $1,000. Council concurred. Family YMCA of the Desert Ms. Horvitz noted the YMCA is requesting the funds to install a shade structure at the City-owned facility. She confirmed the structure can be installed within four weeks. Council Member Adolph suggested the possibility of utilizing an alternative funding source since the shade structure will be on City property. Council Member Sniff agreed the proposed funding source may not be the proper venue to deal with this expenditure. City Council Minutes 9 May 7, 2002 In response to Mayor Pe~a, City Manager Genovese confirmed the money can be appropriated from the General Reserves if Council wishes. Council concurred to grant the request for 95,810. Tools for Tomorrow Council Member Sniff noted the program is not specifically for La Quinta youths but stated he would support 91,000 Council Member Adolph stated he felt the funds should be used to satisfy the City's youth needs first. Council Member Perkins agreed and stated he could not support the request. Council Member Adolph suggested 9500. After a brief discussion, there was consensus not to approve the grant request. __ La Quinta Desert Wildcats and La Quinta High School Football In response to Mayor Pe~a, Daniel Lewis, President of La Quinta Wildcats, stated the tournaments are held in Southern California. He added most of the funds will be used for equipment, i.e. uniforms, bats, balls, etc. Council Members Adolph and Perkins supported the request by the Wildcats. Council Member Henderson noted the City doesn't have individual sport programs requesting funds on a yearly basis and stated she was more prone to considering a matching grant for the Wildcats. She suggested 91,500 this year and maybe rotating the group so a grant request is not before Council every year. Mayor Pe~a suggested 91,800 for each group. Council Member Sniff stated he would support 92,000 for the football team. Council Member Adolph noted there would be sufficient funds to grant both requests if the YMCA grant request is funded from the General Fund. ..... After a brief discussion, Council concurred to grant the requests by the Wildcats and the football team and supplement the amount needed for the YMCA from the General Fund. City Councl'~ Minutes 10 May 7, 2002 MOTION - It was moved by Council Members Henderson/Sniff to approve the Community Services grant requests as follows: Community Blood Bank, $1,000; Family YMCA of the Desert, $5,810; La Quinta Desert Wildcats, $2,499; and the La Quinta High School Football Team, $2,499; and to appropriate $1,200 to the Special Projects Contingency Fund from the General Reserves. Motion carried unanimously. MINUTE ORDER NO. 2002-60. 5. CONSIDERATION OF CITY MARKETING PLAN FOR FISCAL YEAR 2002/2003. Assistant City Manager Weiss presented the staff report. In response to Council Member Adolph, Mr. Weiss reviewed the Marketing Plan fund amounts for the last three years, which has increased from $217,000 to the proposed amount of $347,750 in FY 2002/2003. He pointed out the scope includes items that previously were not part of the Marketing Plan previously, such as the capital costs for the banner program. He stated the Plan initially paralleled the program by the marketing firm but now includes items that are carried out by staff. The increase in the marketing budget is due to changes in what is included within the Plan, rather than an actual increase in the marketing services provided. He noted the marketing contract with Kiner Goodsell, Inc. has remained relatively stable and that some items that were not completed in FY 2001/2002 were carried over. Staff's goal is to keep the marketing budget for future years at the same level as approved this year. Council Member Adolph voiced concern about the amount increasing each year and questioned when it will level off or even decrease some. Council Member Sniff spoke in support of the Plan, and stated he felt there is value to consistency with occasional variables. Council Member Perkins stated he was not interested in attracting more people to live in La Quinta but wished to see staff, the marketing firm, and the Chamber of Commerce work with businesses that want to locate in the City. He stated, according to several sources, there seems to be a coolness toward new development coming into the City, and he wished to see the City's efforts to bring in businesses strengthened. Council Member Henderson commented on how some residents are frightened of growth and congestion and voiced the need to educate the community on the City's financial needs. She referenced the need for additional fire services and the need for the community to understand how important it is for them to play a part in that, as well as why the City is not in a position to just write a check for those services. She wished to focus the Marketing Plan internally, as opposed to externally, keeping the emphasis on business development and City Council Minutes 11 May 7, 2002 capturing sales tax dollars. She asked if the reference to the banner program is intended to expand banners to other locations in the City, to which Mr. Weiss responded YES. Mayor Pe~a agreed with educating residents on why the City has been successful and what needs to be done to continue that success. Council Member Adolph noted there is a lack of businesses in the City with top- paying jobs. Council Member Sniff stated he feels the City is in the process of success but has not arrived yet. He is not opposed to people wanting to live here because a substantial customer base is needed to attract new businesses. MOTION - It was moved by Council Members Sniff/Adolph to approve the 2002/2003 Marketing Plan for the City of La Quinta as submitted. Council Member Henderson stated she could not support the motion because she feels it's important to spend some time looking at better communication in the community. Mayor Pe~a noted each of the items can be brought back to Council as they come forward, Council Member Perkins stated he preferred sending the Plan back to staff to incorporate some of the comments made today and bringing it back to Council. City Manager Weiss advised the proposed Plan includes a retainer fee for Kiner Goodsell, Inc. to help staff with various items, which could include a community education program. He noted the Plan is a model plan and that the consultant selected through the RFP process may propose changes. Council Member Adolph noted the Plan is for budgeting purposes and is adjustable. Council Member Perkins stated he supports the general concept but feels the Plan is premature if changes will be made later on and he is not sold on some of the specifics of the Plan. He voiced concern about being able to retain open space if new residents continue to be attracted to the City. Council Member Sniff noted the City can determine where growth takes place and maintain a balanced community. City Council Minutes 12 May 7, 2002 Mayor Pe~a referenced the second and fourth bullets under Goals/Objectives (Page 5) and stated he wished to see those areas flashed out in the budget section and then brought back to Council. Council Member Perkins stated he could approve the budget but not the Marketing Plan. Council Member Henderson stated she was uncomfortable approving the Plan as an entire unit. Mr. Weiss stated there are specific programs in the Plan that will need to be developed and in some cases brought back to Council for approval. The intent of the Plan is to market the community as a good place to do business and the advertising references to growth are done to show there is a retail market in the City. He stated some of the objectives, such as educating the community on the "different color of money" can be done through newsletters, press releases, etc., under the retainer with staff assistance. Council Member Henderson stated she wants to support the Plan but would like to know at what point Council will have an opportunity to look at the specific issues. Mr. Weiss advised the City has received 14 consultant proposals from marketing firms and many have indicated a desire to work with the City on a fresh approach. The firms have reviewed the Marketing Plan and are looking at ways to enhance it as opposed to changing it. Mayor Pe~a noted the proposed Marketing Plan is just a guideline and the components can change, Council Member Sniff noted the Council can take another look at the Plan once a marketing firm is selected. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO. 2002-61. 6. SECOND READING OF ORDINANCE NO. 370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. City Council Minutes 13 May 7, 2002 It was moved by Council Members Sniff/Adolph to adopt Ordinance No. 370 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None STUDY SESSION 1. DISCUSSION OF FIRE SERVICE ALTERNATIVES. Building & Safety Director Hartung presented the staff report. John McLaughlin, 44-405 Willow Circle, stated the Citizen for Measure B Committee continues to meet because they feel enhancement of fire services is vital to the safety of the citizens. If the issue is placed on the ballot again, they hope it will be called "Measure B" so the current signage can be utilized. He commented on the need to address the public concern about the wording and the need for strong input from the City as to why the tax is needed, including paramedic services. He noted some feel the tax is not needed and that the City has enough money for the services. He asked for Council representatives to attend their committee meetings and that staff be sent to answer questions at any open forums for community education. Council Member Adolph noted only four votes voting in favor instead of against the measure during the last election would have been sufficient for it to pass. Bruce Pelletier, 54-255 Avenida Herrera, reiterated the need for staff to attend the open forums. He felt the residents didn't vote NO on paramedics but rather NO on the money. He also commented on the need to upgrade public safety to bring industrial businesses to the City. Dave Downing, 52-510 Avenida Diaz, stated he supported the measure but doubts it will pass if placed on the ballot again. He commented on the importance of educating the public as to why the tax is needed to implement additional fire services and noted most people don't understand what "different color money" is. He supported having medics on every fire engine and suggested making the second firefighter a Firefighter II/Paramedic at an additional cost of approximately $120,000 a year. Robert Cox, 78-315 Crestview Terrace, agreed there is a lack of understanding by the citizens as to why the tax is needed. He noted Cathedral City has a City Council Minutes 14 May 7, 2002 medic on every fire engine, and he supports having a minimum of one medic on every fire engine in La Quinta. In response to Mayor Pe~a, Mr. Cox stated Cathedral City funds their medics through a fire tax, transport fee of $400, and their General Fund. He encouraged Council representatives to work with the Committee to put a new tax measure together. Robert Tyler, 44-215 Villeta Drive, referenced letters to the editor in the newspaper in which people have questioned why La Quinta needs a fire tax when other cities don't. He felt people should be told it isn't true and noted the issue will become more urgent to them when they need a paramedic in the middle of the night. Council Member Perkins noted some City funds are restricted to certain types of expenditures, which is referred to as "different color money." He supported putting the issue back on the ballot and suggested referencing the daily cost as opposed to annual cost. He felt it's important to follow up on the letters to the editor and explain why funds are not available for additional fire services. Council Member Henderson stated she believes the tax measure failed because the City failed to sell the need. She noted some people will vote NO on any tax. She is opposed to using "gloom and doom" to get people's support but feels it may be necessary. She supported placing the issue back on the ballot and re-wording it some. Council Member Sniff stated he felt there were multiple reasons for the measure not passing and asked about the timing for getting it back on the ballot. Mr. Hartung advised a decision needs to be made by the last meeting in July, or the first meeting in August at the very latest. Council Member Sniff supported placing the issue back on the ballot in a more- tailored and limited fashion. He suggested simple, short, and tailored-to-the- point wording and including "gloom and doom" if necessary but not emphasized. He is opposed to open-end taxes and believes if the tax is set for seven years and works, that people will continue to support it. He feels some citizens are concerned about the tax increasing each year. He noted the number of voters in November will probably double and feels there may be some organized resistance. He agreed the residents do not understand why a tax is needed if the City is so successful. He also felt a new title may be needed. City Council Minutes 15 May 7, 2002 Council Member Adolph agreed the City needs to do a better job selling the issue and stated Joy Short has offered to put him on her radio show to help sell the issue if it is put back on the ballot. In response to Council Member Sniff, Mr. Hartung confirmed the County trust fund is an interest-bearing account that is estimated to be $1.67 million dollars by the end of FY 2002/2003. The fund will stop increasing in approximately 1 ~ years. In response to Council Member Sniff, Mr. McLaughlin stated the Measure B Committee has seven members. Mayor Pe~a stated he would support selecting a subcommittee to meet with the Measure B Committee, and noted the Council is limited on how much they can help on a tax measure. City Attorney Jenson advised the restriction on public expenditure of funds is not in effect until action is taken to put the tax measure on the ballot. City Clerk Greek advised the deadline for taking that action is 90 days prior to the election date. Mr. Pelletier noted the paramedic squad will be a non-transporting squad and that citizens will still be charged if they are transported to the hospital by AMR. In response to Council Member Sniff, Fire Chief Cooley stated emergency medical care is controlled at State and local levels with protocol allowing for transfer of responsibility. In life-or-death situations, the decision to transport falls on what is prudent to do. He noted the paramedic services would provide stabilization until an ambulance arrives. Mr. Pelletier voiced the need for a back-up plan should the tax measure fail again. Council Member Sniff suggested giving some consideration to a public safety tax to fund additional police and fire services. Mayor Pe~a stated the consensus of Council seems to indicate a willingness to put the issue back on the ballot. Council also concurred to place an item on the next agenda for consideration of an ad-hoc committee to meet with the Citizens for Measure B Committee. City Council Minutes 16 May 7, 2002 DEPARTMENT REPORTS 5-A. DISCUSSION REGARDING JOINT STUDY SESSION WITH THE PLANNING COMMISSION. After a brief discussion, Council concurred to schedule a joint study session with the Planning Commission on June 5, 2002, at 7:00 p.m. 6-A. DISCUSSION ON DATE FOR VOLUNTEER RECOGNITION AWARDS FOR THE 20TH ANNIVERSARY CELEBRATION. Council concurred to schedule an award ceremony on May 15, 2002, at 5:30 p.m. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS Mayor Pe~a presented a proclamation to Catherine Kelley, of the Riverside County Department of Mental Health, proclaiming May 2002 as "Mental Health Month." PUBLIC HEARINGS 1. PUBLIC HEARING ON THE FISCAL YEAR 2002~2003 THROUGH 2006/2007 CAPITAL IMPROVEMENT PROGRAM. The Mayor declared the PUBLIC HEARING OPEN. Interim Public Works Director Stephenson presented the staff report. In response to Council Member Adolph, City Consultant Nickerson stated the Reimbursement Agreement with Stamko Development is for a total of 10 years and has been in effect for one year. City Counci~ Minutes 17 May 7, 2002 Council Member Henderson referenced an earlier discussion regarding the need to explain the complexities of City financing and noted it is explained in various City documents, such as this CIP. She felt the City needs to condense the information and make it easier for the general public to review. She referenced the egress/ingress problems on Fred Waring Drive and asked if sufficient developer bonds exist to install a median on Fred Waring Drive. Mr. Nickerson stated the cost to install a median on Fred Waring Drive is $700,000 and only $350,360 in developer bonds currently exist. He added the landscaping cost is approximately $1.3 million. Council Member Perkins stated he would like for all new traffic signals to have LED lenses, and noted he has requested a cost estimate for replacing the traffic signals at all major intersections with LED lenses. Council Member Henderson noted the green lights on a few traffic signals with LED lenses on Ramon Drive in Palm Springs are barely visible, and asked if that type of problem has been reported to CVAG's Public Safety Committee. Council Member Perkins stated it had not, but noted the City's prior Public Works Director mentioned it being a problem in Las Vegas. He stated there may be some malfunctions but felt it is worth looking into. Mr. Stephenson stated he supports using LED lenses, which have a life of five to seven years and result in a significant savings in energy costs. He advised that staff plans to earmark some of the gas tax funds for an LED conversion and some grant funds may be available. Council Member Henderson suggested future printings of the Expenditure Summary be enlarged for easier reading. Kay Wolff, 77-227 Calle Ensenada, voiced concern about the City spending $45 million on a golf course and stated some of the residents are questioning the need. She felt the money should be spent on youth and broad services. City Manager Genovese explained in government finance there are a number of different types of money and the money proposed to be used for that project is redevelopment money, which can only be used for capital improvements. He advised redevelopment money cannot be used for operating costs such as youth, police, and fire services and stated the intent is to stretch the capital improvement dollars to try to derive new revenues. City Council Minutes 18 May 7, 2002 Council Member Adolph noted the proposed project will be a public golf course, which the City currently does not have. It will be available to the youth and may include walking trails and other recreation facilities, not just a golf course. He felt the potential purchase is one of the best investments the City has ever made. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph stated he feels this a very ambitious CIP and supports moving forward with it. Council Member Henderson referenced the Revenue Summary and noted the various funds are restricted for certain uses and cannot be commingled. Mayor Pe~a noted the $45 million purchase is "proposed" at this time. He further noted the CIP is a guide and that the projects listed in it are subject to change. RESOLUTION NO. 2002-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2002/2003 THROUGH 2006/2007 CAPITAL IMPROVEMENT PLAN. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-67 as submitted. Motion carried unanimously. 2. PUBLIC HEARING ON AN APPEAL OF CONDITIONS AND/OR FINDINGS REGARDING VILLAGE USE PERMIT 2000-004, AMENDMENT NO. 1, LIGHTING PLANS. APPLICANTS: A. P. LENCH II, MICHAEL BRAUCKMANN, AND EILEEN VILLEGAS. Mayor Pe~a abstained from participating on this item due to a potential conflict of interest and left the dais. The Mayor Pro Tem declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. Council Member Henderson asked about shielding the lights on an angle, and Mr. Herman advised the lighting consultant would address that issue. City Council Minutes 19 May 7, 2002 In response to Council Member Adolph, Mr. Herman confirmed the lenses will be flush with the bottom of the casing. Skip Lench, 43-040 Port Maria, Bermuda Dunes, stated he is building a house on Calle Cadiz that borders the parking lot for the restaurant and questions 14-foot high light poles being Iow-level lighting. He understood the Arts Foundation lighting was restricted to 9 to 10 feet high, the Omni and Boni Restaurant restricted to 7 feet high, and the two and three-story hotel recently approved by the Planning Commission was restricted to 10 feet high. He stated the architect for two of those projects, Lewis Bishop, is willing to work with the applicant to accomplish Iow-level lighting for this project. He supports development but wants to be treated as fair as the residents adjacent to the other projects. Mike Brauckmann, 78-175 Calle Cadiz, agreed with Mr. Lench's comments and stated he didn't oppose the zone change when it came before Council but feels the proposed lighting is not in line with the Iow-level lighting directed by Council at that time. He feels the lighting proposed by the applicant will be in violation of the Zoning Code, which states the light source should not be visible from adjacent properties. He commented that he may not be able to see the actual bulb but feels the reflective material around the bulb will make the lighting extremely visible. He doesn't want a Wal-mart type parking lot in his backyard. Ralph Reyna, 1255 E. Ramon Road, Palm Springs, lighting consultant with MRC Associates, stated he's available to answer questions. In response to Council Member Henderson, Mr. Reyna stated the six light fixtures in the back row of the parking lot will have external shields extending approximately three inches below the housing. He stated lighting in the wall would only illuminate the 18-foot wide landscape area and that bollard lighting in the landscape area isn't needed with the proposed lighting plan. Council Member Henderson stated she felt it's critical to reach a compromise on this given the mixed land uses involved. Mr. Reyna confirmed external shields can be added to the next row of lights after installation if the lights are visible. In response to Council Member Perkins, Mr. Reyna confirmed the lighting will not shine onto the adjacent property and stated lowering the poles will diminish the lighting between poles. He noted the restaurant property will be more active than the Arts Foundation and not have security guards and parking attendants. City Council Minutes 20 May 7, 2002 In response to Council Member Henderson, Mr. Herman confirmed the Arts Foundation lighting is 12 feet high, the Omni and Boni Restaurant lighting is 7 feet high with more fixtures, and the lighting at the hotel was approved at 10 feet along the back with the remaining light poles at 14 feet. He noted lower light poles on the back row will require more light poles. Mr. Reyna stated lower light poles will restrict the lighting at the edge, and that bollard lighting would not light the roadway or walk areas. Council Member Adolph noted decorative lighting, in the T-Bos and La Quinta Grill parking lots, seems to work. In response to Council Member Adolph, Mr. Herman confirmed the number of parking stalls has decreased due to the reduction in the size of the restaurant. Council Member Adolph noted longer external shields are available and stated he understood when Council previously considered this project that the idea was to install Iow-level lighting with more fixtures. He suggested lowering and adding more light poles, and turning them perpendicular. He wished to protect the residences from seeing the bare bulb. Mr. Reyna stated the bare bulb will not be seen at 74 feet and the external shield will eliminate the sliver of light reflected from the flat lens. Council Member Adolph suggested the project be conditioned to install longer external shields if the bare bulb can be seen by the neighbors. Mr. Lench stated the appellants prefer to have more poles at a lower height. He urged Council to reduce the height of the poles. Mr. Reyna stated a reduction to 12 feet will create pools of light rather than light the entire parking lot. In response to Council Member Henderson, Mr. Reyna estimated two additional light poles will be needed if the Poles are reduced to 12 feet. He stated the applicant is willing to install 12-foot high and 14-foot high light poles at the site after grading is completed so the actual lighting can be observed. He noted two additional light poles will affect the placement and number of landscape materials needed. Council Member Adolph noted there was some concern that the Arts Foundation lighting would not work but it looks fine. City Council Minutes 21 May 7, 2002 In response to Council Member Adolph, Mr. Herman stated palm trees will be planted in the landscape area on the north side but not canopy trees because the residents didn't want their viewed obscured. There being no further requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED. Council Member Adolph stated he felt 12-foot high poles with shields would be a good compromise. Council Member Henderson stated she would support 12-foot high poles with shields in the back row of the parking lot with a condition that the shields be modified if three inches is not sufficient. She appreciated the applicant's willingness to install the 12-foot and 14-foot high poles to show how the finished lighting will be but wasn't sure how the Council would condition the project for a final decision to be made. Council Member Perkins concurred. Mayor Pro Tem Sniff stated he felt the compromise is a reasonable effort to accommodate the residents' concerns 'and still maintain the function of the development. RESOLUTION NO, 2002-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING A PLANNING COMMISSION ACTION APPROVING THE LIGHTING PLANS FOR VILLAGE USE PERMIT 2000-004, AMENDMENT NO. 1. It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2002-68 as amended (changing the height for the light poles along the north side to 12 feet high with a minimum of 3-inch shields, requiring additional shielding if not sufficient, and adding two light poles if needed to provide sufficient lighting). Motion carried with Mayor Pe~a ABSENT. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF RECENT LA QUINTA COVE ASSOCIATION MEETING. Council Member Adolph stated he attended the recent meeting of the La Quinta Cove Association and commended the Sheriff's Department for their responses City Council Minutes 22 May 7, 2002 to questions from residents. He felt it was a good step in communicating with the community. 2. DISCUSSION REGARDING CONDITIONS AT THE COVE OASIS PARK. Council Member Sniff spoke regarding the recent dedication of the Hammer trees at the Cove Oasis Park, and the unhealthy condition of the trees. He felt something should be done to increase the longevity of the trees and stated he would like to see the area enhanced with additional landscaping. Council Member Henderson complimented Council Member Sniff on his presentation at the dedication ceremony, and noted the CIP includes Phase II improvements to the Cove Oasis Park. REPORTS AND INFORMATIONAL ITEMS League of California Cities-Riverside Division -- Council Member Henderson reminded everyone the League meeting will be held May 13th in Cathedral City. Palm Springs Multi-Species Habitat Conservation Plan (MSHCP) Subcommittee -- Mayor Pe~a reported the meeting held Monday was attended by representatives from Palm Springs, La Quinta, Desert Hot Springs, Cathedral City, Indic, and Desert Trails. The City Attorney, in conjunction with Palm Springs' City Attorney, will draft a letter to CVAG in an effort to obtain action to approve the Plan. City Attorney Jenson noted the City of La Quinta is proposing that approved projects be encompassed within the Plan and not designated as conservation areas. A resolution dealing with the trails issue has also been requested. Mayor Pe~a noted issues brought forward approximately two years ago by La Quinta and Palm Springs have still not been addressed. Council Member Henderson commented on the number of agencies dealing with this issue and voiced concern that the trails 'issue is not being addressed. Ms. Jenson stated Palm Desert does not plan, at this time, to be a signatory to the letter to CVAG, which will come to the City Council for consideration at the next Council meeting. Council Member Sniff commented on the difficulty of trying to keep the trails open. CVAG Executive Committee -- Mayor Pe~a reported the CVAG General Assembly meeting will be held June 24th in La Quinta. City Council Minutes 23 May 7, 2002 All other reports were noted and filed. Council recessed to Closed Session as delineated on Page 1. 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). ADJOURNMENT There being no further business, the meeting was adjourned. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California