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2002 05 21 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 21, 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. Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Council Appointed Position - City Manager. 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 Council Member Adolph requested Consent Item No. 8 be pulled for separate action due to a potential conflict of interest. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE - None City Council Minutes 2 May 21, 2002 APPROVAL OF MINUTES Council Member Adolph referred to Consent Item No. 14 on Page 6 of the minutes and requested the minutes reflect the agreement voiced by Ms. Aaronson to have the PM 10 problem at the tract looked at in a timely manner, and to work on the sidewalks, landscaping, and street improvements along Avenue 54 as soon as the development's financial situation is resolved. MOTION - It was moved by Council Members Sniff/Perkins to approve the City Council Minutes of May 7, 2002, as amended (per Council Member Adolph's request above). Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 21, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT FOR MARCH 31, 2002. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT FOR MARCH 31, 2002. 4. APPROVAL OF A RESOLUTION AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056. (RESOLUTION NO. 2002-70) 5. APPROVAL OF IMPROVEMENTS ASSOCIATED WITH TRACT 28470-1, TRADITION. 6. ADOPTION OF A RESOLUTION AUTHORIZING ACCESS TO STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES. (RESOLUTION NO. 2002-71) 7. DENIAL OF CLAIM FOR DAMAGES FILED BY RICHARD AND MARCIA PIERCE - DATE OF LOSS: APRIL 5, 2002. 8. DENIAL OF CLAIM FOR DAMAGES FILED BY PGA WEST RESIDENTIAL ASSOCIATION, INC. - DATE OF LOSS: APRIL 26, 2002. (See separate action below.) 9. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. City Council Minutes 3 May 21, 2002 10. APPROVAL OF EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH NICKERSON AND ASSOCIATES, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 200212003. 11. APPROVAL OF RENEWAL OF PROFESSIONAL SERVICES AGREEMENT WITH BERRYMAN AND HENIGAR, INC., TO PROVIDE MAP CHECKING SERVICES. 12. APPROVAL OF RENEWAL OF PROFESSIONAL SERVICES AGREEMENT WITH R.A.S.A. TO PROVIDE MAP CHECK SERVICES. 13. ADOPTION OF A RESOLUTION EXTENDING THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM. (RESOLUTION NO. 2002-72) 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC., TO BE HELD IN BUELLTON, CALIFORNIA, JUNE 29, 2002. 15. APPROVAL OF A RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE LA QUINTA REDEVELOPMENT AGENCY FUNDING OF SIDEWALK IMPROVEMENTS ALONG AVENIDA LA FONDA AND DESERT CLUB DRIVE, AND AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH CANALI ENTERTAINMENT, LLC, TO PROVIDE BRICK PAVERS FROM EXISTING CITY INVENTORY AND TO REIMBURSE FUNDS FOR THE INSTALLATION OF THE PAVERS ALONG AVENIDA LA FONDA AND DESERT CLUB DRIVE AT THE PROPOSED ANDREWS BAR AND GRILL. (RESOLUTION NO. 2002-73) 16. APPROVAL TO APPROPRIATE TRANSPORTATION CONGESTION RELIEF FUNDS FOR FISCAL YEAR 200012001. 17. ADOPTION OF A RESOLUTION SUPPORTING PRIORITY TREATMENT OF METROLINK'S RIVERSIDE LINE BY THE UNION PACIFIC RAILROAD COMPANY. (RESOLUTION NO. 2002-74) 18. APPROVAL OF RIVERSIDE COUNTY COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 2003-2005 AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 8 and with Item Nos. 4, 6, 13, 15, and 17 being approved by RESOLUTION NOS. 2002-70 through 2002-74 respectively. Motion carried unanimously. MINUTE ORDER NO. 2002-62. City Council Minutes 4 May 21, 2002 Item No. 8: MOTION - It was moved by Council Members Sniff/Henderson to deny the Claim for Damages filed by PGA West Residential Association, Inc., with a reported date of loss of April 26, 2002. Motion carried with Council Member Adolph ABSTAINING due to a potential conflict of interest. MINUTE ORDER NO, 2002-63. BUSINESS SESSION 1. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2002/2003. Community Services Director Horvitz presented the staff report. Council Member Adolph noted Mainstreet Marketplace, under the task "Liaison to the Community," should be deleted. He also commented on the Commissioners' lack of attendance at various functions and meetings listed under "Steps to Completion" and suggested changing it to something more viable. Council Member Henderson suggested changing it to "encourage" to attend. Council concurred. In response to Council Member Henderson, Ms. Horvitz stated the Commission has discussed assigning certain Commissioners to each task but has not done it yet. Council Member Henderson voiced the need under "Safety" to keep the earthquake issues before people so as not to get caught off guard. She suggested the Commission agendize the issue for a certain meeting each year. Council Member Perkins ag~reed some type of triggering device is needed to bring the issues forward each year. Council Member Henderson suggested staff make a presentation to the Commission on fire safety and use the Commission to help get the fire safety issue out to the public. Council Member Sniff commented on the lack of content of the Commission's agendas and suggested they consider things they may want to add to their workload. City Council Minutes 5 May 21, 2002 Mayor Pe~a stated he felt it may be time to consider combining some of the Commissions and their workloads. Council Member Henderson suggested the Commission spend a significant amount of time on the fire safety issue. Mayor Pe~a noted there is potential for the Commission to be involved with planning recreational opportunities on the property the City is looking to purchase. Council Member Adolph concurred. Council Member Henderson noted the Trails Master Plan, under "Park Development," has not been reviewed for years and suggested the Commission review it to come up to speed on the current issues related to the trails issue. Mayor Pe~a suggested the Commission look at public golf recreation programs -- what works and doesn't work. He noted Palm Desert has 11,000 resident cards for their municipal golf course. Council Member Sniff voiced caution that the assignments be highly identified and selective. Council Member Adolph noted there are amenities at the La Quinta Community Park also to resolve. MOTION - It was moved by Council Members Sniff/Adolph to approve the Community Services Commission Work Plan for FY 2002/2003 as amended (on Page 8 removing the references to "Mainstreet Marketplace" and adding "encourage" to attend. Motion carried unanimously. MINUTE ORDER NO, 2002-64. 2. CONSIDERATION OF THE CULTURAL ARTS COMMISSION WORK PLAN FOR FISCAL YEAR 2002/2003. Community Services Director Horvitz presented the staff report. Council Member Adolph asked about the status of the agreement for the Kennedy art piece. Ms. Horvitz stated the temporary art agreement has been reviewed by the City's legal counsel who has recommended the agreement stand as written, allowing paragraph six to remain in the agreement. She stated the Commission has expressed a desire for clarification in the contract language, which can be brought back to Council for approval. City Council Minutes 6 May 21, 2002 Mayor Pe~a stated he didn't believe Mr. Kennedy would object to minor changes in the language. City Attorney Jenson advised an associate in her office reviewed the agreement and doesn't see a problem with the two provisions being in the agreement. Mr. Kennedy, however, feels the two provisions are inconsistent. Council concurred to have the agreement brought back to Council. Council Member Adolph referenced the "Public Art Program" and questioned the task being limited to public art since the Commission gets involved with other cultural activities. Ms. Horvitz stated "Conferences, Workshops, and Events" includes other cultural activities, such as concerts and puppet shows. Council Member Henderson noted the Public Art Program task addresses a part of the ordinance that is related to the Art in Public Places Fund. Council Member Adolph suggested clarification to that effect be included on that page of the document. He also commented on the importance of making sure there are no conflicts with activities in other cities when setting up speakers for events. Council Member Perkins stated he felt it would be helpful to have a cultural activities calendar. He voiced concern that nothing in the Work Plan pertains to music and noted the City had an opportunity to work with Marty Langer on concerts but turned it down. He stated he could not support an increase in the budget to $50,000 unless it includes a musical program. Council Member Henderson noted concerts are included under "Conferences, Workshops, & Events" on Page 9. Council Member Perkins commented that there has not been a concert in La Quinta since Mr. Langer held concerts at the La Quinta Hotel. Mayor Pe~a stated there was a charge to attend those concerts. As for the recently-proposed concerts, he noted Mr. Langer refused to reveal how the requested funds would be spent. Council Member Henderson stated she believes the Commission is as anxious as the Council to have concerts at the Civic Center. She pointed out, however, City Council Minutes 7 May 21, 2002 presently cities are unsure as to what the State is going to do to city funds. She stated she could approve the Work Plan but not the requested funding. Council Member Perkins stated he could support the original amount of $25,000 and approve more later on if music concerts are added. In response to Council Member Henderson, Ms. Horvitz explained the difference between the Commission's "Meet the La Quinta Artist" program and the "Culture in the Courtyard" events put on by the Community Services Department. Council Member Sniff suggested the two programs be combined into two events in the courtyard each year. He felt the events listed under "Cultural Conferences, Workshops, and Events" should be more specific and that "recommending to Council" may not be the proper term. He also questioned the amount of Commission hours estimated for each event and stated he preferred holding back on the financial commitment until the budget is reviewed. In response to Mayor Pe~a, Ms. Horvitz confirmed the Council has moved to consider a significant, unspecified amount in the budget for concerts by Mr. Langer. Council Member Sniff stated he felt temporary art locations should be selected for placement of art for no more than two years. Mayor Pe~a suggested the "Meet the La Quinta Artist" program be combined with the "Cultural Conferences, Workshops, and Events" and some of the monies be used to have local artists provide art lessons to students at some of these events. He agreed the workshop and events program needs reworking and stated he wasn't prepared to approve funding at this time. He also questioned why there hasn't been a booth at the Arts Festival each year to showcase what the City is doing in the way of its Art in Public Places Program. Council Member Henderson ~ommented on the number of community services programs with instructors and stated she is hesitant to hire an artist to teach classes. She wished to have the issue brought back to Council for consideration and maybe charge a fee for participating in the class. Mayor Pe~a noted some youths cannot afford the art supplies and suggested doing the program in conjunction with the Senior Center classes. Council Member Adolph concurred with the idea and referenced a few local artists that he felt would be willing to participate in the program. City Council Minutes 8 May 21, 2002 Council Member Perkins agreed with the suggestion and stated he would like to see the Senior Center utilized more. Mayor Pe~a suggested "and other appropriate organizations" be inserted on Page 8 after "Work with City Council." Council Member Adolph concurred with Council Member Perkins on the importance of bringing music to the community. He wished to see the Council work with Mr. Langer on these events if the funding is available. MOTION - It was moved by Council Members Sniff/Henderson to refer the Cultural Arts Commission Work Plan back to the Cultural Arts Commission for modification as discussed by Council. Motion carried unanimously. MINUTE ORDER NO, 2002-65. 3. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 2002/2003, AND A RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND GIVING NOTICE THEREOF. Interim Public Works Director/City Engineer Stephenson presented the staff report. Council Member Perkins questioned the need for lighting in the medians. Council Member Adolph noted Avenue 52 is dark without any lighting and stated he felt Iow-level lighting helps people see the curbs. Council Member Perkins stated he wouldn't disagree where lighting is a safety issue but feels it is not needed on Washington Street. RESOLUTION NO. 2002-75- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2002/2003 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-75 as submitted. Motion carried unanimously. City Council Minutes 9 May 21, 2002 RESOLUTION NO. 2002-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING OF LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE ClTYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-76 as submitted. Motion carried unanimously. Council Member Henderson noted some of the neighboring cities are looking to increase their assessment by putting it on the ballot and if it fails to pass, they are looking to revise their landscape and lighting plans. She felt La Quinta may need to do the same. Council Member Sniff agreed the City may need to find out if the community is willing to support having landscaped medians. Council Member Adolph noted this year's cost increase for the landscape and lighting district is $40,000. Council Member Henderson noted the City reduced the assessment six years ago, which may have been a mistake. She supports not charging a tax greater than the need but feels the public should step forward when the costs increase. 4. CONSIDERATION OF THE FORMATION OF A CITY COUNCIL AD HOC COMMITTEE TO ADDRESS FIRE SERVICE FUNDING. Building & Safety Director Hartung presented the staff report. Council Member Adolph volunteered to serve on the ad hoc committee. In response to Council Member Perkins, Mr. Hartung stated the deadline for putting a fire safety tax on the ballot is the second meeting in July. Council Member Henderson also volunteered to serve on the committee. She understood all the Council could attend the group's Thursday night meetings. City Council Minutes 10 May 21, 2002 In response to Council Member Sniff, John McLaughlin, of the "Measure B Committee," stated the group would like to have designated representatives to work with them on this issue. He felt it's important for the Council to be vocal and up-front if the fire safety tax issue is going to be put back on the ballot. In response to Council Member Henderson, Mr. Hartung stated he understood the Ad Hoc Committee would be meeting with the "Measure B Committee" or any other group wanting input on the issue. MOTION - It was moved by Council Members Sniff/Henderson to appoint Mayor Pe~a and Council Member Adolph to serve on the Fire Services Ad Hoc Committee. Motion carried unanimously. MINUTE ORDER NO. 2002-66. 5. CONSIDERATION OF A CONTRACT WITH CONRAD AND ASSOCIATES, LLP, TO PERFORM AUDIT SERVICES. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Sniff/Henderson to approve a contract with Conrad & Associates, LLP to provide annual audit services for a five-year period ending June 30, 2006. Council Member Sniff expressed appreciation for the agency's past services to the City. Council Member Henderson thanked the Investment Advisory Board for their input in the selection. Motion carried unanimously. MINUTE ORDER NO. 2002-67. 6. CONSIDERATION OF TRANSMITTING A LETTER TO CVAG REGARDING THE COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN. City Attorney Jenson presented the staff report and advised some of the issues in the letter are common to other cities and some are not. She noted La Quinta's objection to approved projects being designated as conservation areas has not been resolved and that the letter is an attempt to express concern about the lack of responsiveness to the various issues. City Council Minutes 11 May 21, 2002 Mayor Pe~a stated he and the City Attorney will be meeting with Jim Kenna, of the Bureau of Land Management (BLM), and Buford Crites, of the City of Palm Desert, tomorrow to discuss the trail issue. Council Member Henderson stated the Santa Rosa/San Jacinto Mountain Advisory Committee is preparing a management plan for the National Monument. The National Monument Act states the management plan will include provisions to allow recreational uses such as hiking, camping, mountain biking, sightseeing, and horseback riding as long as such recreational use is consistent with the National Monument Act and other applicable law. She noted it was difficult to get all the agencies to agree upon the language and BLM is holding that section of the law in abeyance because they plan to incorporate the multi-species habitat plan. All the agencies are trying to collaborate on this but everything is resting on the multi-species habitat plan. She felt it's important for the cities to stand firm on this issue and doesn't feel the letter is strongly worded at all. Mayor Pe~a stated some may feel the letter is worded too strong but all the cities involved with this participated in the wording. Council Member Perkins voiced concern about Federal and State agencies telling cities what they can and cannot do. Council Member Sniff stated he felt the scientific data used to build the habitat plan is shaky and non-existent at times and that the trails should not be given up without replacement trails. He felt the wording in the letter is too timid. Mayor Pe~a noted the letter is directed to CVAG and that they also get frustrated with these agencies. Council Member Adolph stated he felt the letter could be even stronger and agreed the City needs to make its position known. MOTION - It was moved by Council Members Sniff/Henderson to approve the letter regarding the Coachella Valley Multi-Species Habitat Conservation Plan and authorize the Mayor to sign and transmit the letter to Coachella Valley Association of Governments (CVAG) . Motion carried unanimously. MINUTE ORDER NO, 2002-68. STUDY SESSION - None City Council Minutes 12 May 21, 2002 REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PARK NEAR SENIOR CENTER. Council Member Sniff suggested planting grass and installing sidewalks and three or four benches under the remaining palm trees adjacent to the Senior Center. Council Member Perkins stated he wasn't sure the seniors would use the area and felt it was unnecessary. Council Member Henderson stated she understood the healthy trees would be moved to the Civic Center Campus. City Manager Genovese stated any of the trees able to withstand relocation have been moved to other sites. He added grass planting under the trees has already been scheduled because of the PM 10 issue. Council Member Henderson suggested using the area as a dog park. Council Member Adolph agreed the area should be cleaned up and suggested the benches installed for day workers be moved to this site since they are not being used by the day workers. Mayor Pe~a suggested plant, ing grass for now and see how that works. 2. DISCUSSION OF ACKNOWLEDGMENT / COLONEL MITCHELL PAIGE. Council Member Henderson suggested setting a date early in the fall to begin receiving applications for the acknowledgment areas on the Civic Center Campus. She stated Colonel Paige's wife has expressed concern about the slow pace in moving forward with the program and has asked if the City still plans an acknowledgment for Colonel Paige. She also noted the City has received a letter regarding a Heisman Trophy winner in the City. City Council Minutes 13 May 21, 2002 Mayor Pe~a stated he suppOrts moving forward on a bust for Colonel Paige, and advised a letter has been sent in response to the Heisman Trophy winner informing them of the process. Community Services Director Horvitz stated the brochure design is being finalized and will be distributed to Council when it is completed. The community will also be notified that it is available. Council Member Henderson suggested the Commissions be notified about the program. Mayor Pe~a suggested also placing an article in the newsletter. Council Member Sniff questioned focusing on one individual and noted the City has a number of veterans who have served their country. Mayor Pe~a noted the acknowledgment area will honor all veterans in the City. Robert Tyler, 44-415 Villeta Drive, spoke regarding the Veterans of Foreign Wars' tree program for memorializing all veterans and stated he has a tree for placement in the Civic Center Campus. 3. DISCUSSION REGARDING DAY WORKERS' AREA AND THE FRITZ BURNS COMMUNITY PARK. Council Member Perkins suggested abandoning the day workers area since it is not working. He also felt more picnic tables and shade structures are needed at the Fritz Burns Community Park. Mayor PeRa agreed there are a significant number of people using the park. Council Member Perkins stated Laguna De La Paz has amended their rules to allow flag poles. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to the Financing Authority meeting. Council reconvened and recessed to Closed Session to and until 7:00 p.m. City Counc;; Minutes 14 May 21, 2002 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418; GENERAL PLAN AMENDMENT 2001-077 AND ZONE CHANGE 2001-100 TO CHANGE THE LAND USE CLASSIFICATION AND ZONING DESIGNATION TO LOW DENSITY RESIDENTIAL WITHIN THE CITY OF LA QUINTA SPHERE OF INFLUENCE FOR SUBSEQUENT ANNEXATION FOR APPROXIMATELY 200 ACRES BOUNDED ON THE NORTH BY AVENUE 52, EAST OF MONROE STREET, SOUTH OF AVENUE 53, AND EAST OF THE EXISTING CITY LIMITS. APPLICANT: NRI LA QUINTA LIMITED PARTNERSHIP. Mayor Pe~a noted the applicant has requested a continuance to June 18, 2002. MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for applications filed by NRI, La Quinta Limited Partnership (General Plan Amendment 2001-077 and Zone Change 2001-100) to June 18, 2002. Motion carried unanimously. MINUTE ORDER NO. 2002-69. 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