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2003 02 04 CC Minutes LA QUINTA CITY COUNCIL --- MINUTES FEBRUARY 4, 2003 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT- None CLOSED SESSION 1. Conference with City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54954.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at the southeast corner of Highway 111 and Washington Street (APNs 643-020-017/018/023) Washington Square. Property Owner/Negotiator: Dale Frank. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(B) pending litigation - Jensen's Complete Shopping v. City of La Ouinta, Riverside Superior Court, Indio, Case No. INC033597. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT David Herrera, 28-851 Avenue Duquesa, Cathedral City, commented on a letter he received from the City about the need for grass on his rental propert,/in La Quinta. He stated grass will not grow in the area referred to in the letter, and he suggested nuisance letters be sent to the property address instead of the property owner to save time and get better results. Mayor Adolph advised the matter would be referred to staff. City Council Minutes 2 February 4, 2003 Don Rector, 46-450 Cameo Palms Drive, expressed a desire for the City to purchase the Point Happy Ranch to preserve it as an historical site. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of January 21, 2003, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 4, 2003. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION OF $1,000 FROM CHAMPION CADILLAC-CHEVROLET FOR THE LA QUINTA POLICE DEPARTMENT. (RESOLUTION NO. 2003-010) 3. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATES FOR THE WASHINGTON STREET AND MILES AVENUE PARKWAY SOIL STABILIZATION IMPROVEMENTS, PROJECT NO. 2002-09, AND APPOINTMENT OF A SELECTION COMMITTEE. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR AND THE ASSISTANT CITY ENGINEER TO ATTEND THE PUBLIC WORKS OFFICERS INSTITUTE TO BE HELD IN MONTEREY, CALIFORNIA, FEBRUARY 26-28, 2003. 5. APPROVAL TO ALLOCATE PROPOSITION 12 AND ROBERTI-Z'BERG-HARRIS FUNDS. City Council Minutes 3 February 4, 2003 6. ACCEPTANCE OF PHASE II - FRITZ BURNS PARK COURT LIGHTING IMPROVEMENTS - PROJECT NO. 2000-15, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 2. MOTION - It was moved by Council Members Henderson/Sniff to approve the Consent Calendar as recommended and with Item No. 2 being approved by RESOLUTION NO. 2003-010. Motion carried unanimously. MINUTE ORDER NO. 2003-10. BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICES GRANT APPLICATIONS. Community Services Director Horvitz presented the staff report, and noted an additional grant request has been received from the La Quinta High School Career Center. Council Member Henderson pointed out the Council has also discussed the possibility of considering a donation to the Cancer Foundation in memory of Honey Atkins. Council concurred to take up the items one at a time. Foundation for the Retarded of the Desert Council Member Henderson commented on the impact the State budget is having on organizations such as this but noted the City is also taking a hard hit. However, since the grant monies have already been set aside for this purpose, she felt they should be used to help these organizations. She supported their grant request of $2,000. Council concurred. Council Member Osborne stated he was impressed at how much of their funding goes toward programs instead of administrative costs. Desert Cancer Foundation After a brief discussion, Council concurred to support the Foundation's request for $225, and to deal with a separate donation in honor of Honey Atkins. City Council Minutes 4 February 4, 2003 La Quinta High School Career Center Council Member Henderson suggested a grant amount of ~ 1,000, and retaining some funds to be able to respond to additional requests that may be received from the school's numerous groups. Council Member Perkins stated he could not support the request at this time. Council Member Osborne stated he would support $1,000 because he feels Career Day is important for the students, so they can see the opportunities they have to go to college and come back to La Quinta to work. Council Member Sniff noted it's too late at this point for the group to provide matching funds, and stated he would support giving them $1,000. In response to Mayor Adolph, Ms. Horvitz advised grant requests are now considered twice a year instead of quarterly, and this is the last time for this fiscal year. Mayor Adolph pointed out the fund balance is 9'14,420. Council Member Henderson noted funding was provided for some unusual things during the first round, and Council will not have that opportunity if all the funds are expended. Mayor Adolph and Council Member Perkins concurred with supporting $1,000. Desert Cancer Foundation Donation in Name of Honey Atkins Council Member Sniff suggested a contribution of $1,000 to the Desert Cancer Foundation in the name of Honey Atkins. Council Members Osborne and Perkins concurred. Council Member Henderson commented on the Council's discretion to make a donation without setting a precedent, and stated she would support $1,000. She asked if there was any support for declaring Honey Atkins' birthday (March 6), as "Honey Atkins Day." Council concurred. City Council Minutes 5 February 4, 2003 MOTION -It was moved by C0uncil Members Sniff/Henderson to approve Community Services Grants in the amounts of $2,000 to Foundation for the Retarded of the Desert, $225 to Desert Cancer Foundation, $1,000 to La Quinta High School Career Center, and 81,000 to Desert Cancer Foundation in the name of Honey Atkins; and to authorize a Proclamation honoring Honey Atkins on her birthday of March 6th. Motion carried unanimously. MINUTE ORDER NO. 2003-11. 2. CONSIDERATION OF PARTICIPATION IN THE WASTE TO WONDERS ART CHALLENGE TO BE HELD APRIL 11-13, 2003, AS REQUESTED BY S.C.R.A.P. Community Development Director Herman presented the staff report. In response to Council Member Osborne, Mr. Herman stated funding would come from the AB939 Community Promotion Fund. In response to Mayor Adolph, Mr. Herman confirmed this is separate from the Community Services Grant Program. Council Member Sniff stated he supports the request. Council Member Henderson stated she feels S.C.R.A.P. has come a long way since its inception, and noted in the beginning they requested all of the City's AB939 funds. Mr. Herman stated the City originally participated as a member with an amount of $3,000 to $5,000 but later chose not to participate as a member and has participated in this program instead. Council Member Henderson noted AB939 funds can be used for education about recycling and for park benches made from recycled-material. She believes the City can find serious uses for the fund that will help to enhance the City in its park development, and therefore, cannot support over the same amount provided to them last year. Council Member Perkins stated he would support $1,000. Council concurred. MOTION - It was moved by Council Members Sniff/Osborne to authorize the expenditure of $1,000 from the AB939 Community Promotior Fund for City sponsorship in the S.C.R.A.P. Waste to Wonders Art Challenge. Motion carried unanimously. MINUTE ORDER NO. 2003-12. City Council Minutes 6 February 4, 2003 3. CONSIDERATION OF APPOINTMENT TO FILL CULTURAL ARTS COMMISSION VACANCIES. City Clerk Greek presented the staff report, and the following applicants gave a brief presentation on their background and qualifications: Linda Young Mel Benjamin Nicolas Hemes (Paulden Evans and Michael Murdock were not present) Ballot No. 1 Council Member Henderson voted for Linda Young and Nicolas Hemes Council Member Osborne voted for Linda Young and Mel Benjamin Council Member Perkins voted for Linda Young and Mel Benjamin Council Member Sniff voted for Linda Young and Nicolas Hemes Mayor Adolph voted for Linda Young and Nicolas Hemes MOTION - It was moved by Council Members Sniff/Henderson to appoint Linda Young and Nicolas Hemes to unexpired terms ending June 30, 2004, on the Cultural Arts Commission effective immediately. Motion carried unanimously. MINUTE ORDER NO. 2003-13. 4. CONSIDERATION OF A REQUEST FOR CHANGE IN MEMORIAL TREE PROGRAM POLICY. Community Services Director Horvitz presented the staff report. Marianne Hammer, 677 Dry Falls Road, Palm Springs, requested approval to place a plaque under the Cove Oasis map billboard reading, "In Memory of Joe W. Hammer." She doesn't feel the current sign by the tree does justice to the memory of her father. She wishes to have the plaque she already bought placed by the tree, and to purchase a new plaque with the above referenced wording that would be placed under the Cove Oasis map billboard. Council Member Henderson stated she feels it is difficult to consider all the contingencies when developing a new program, and noted the Memorial Tree Program was put in place only a few years ago. She asked if there is a way to accommodate Ms. Hammer's request. City Council Minutes 7 February 4, 2003 City Manager Genovese stated the Council can direct staff to allow the changes in the plaque as requested by Ms. Hammer without making any changes in the policy and without setting a precedent. MOTION - It was moved by Council Members Sniff/Perkins to approve the request by Ms. Hammer regarding a memorial plaque at the Cove Oasis and to direct staff to maintain the current Memorial Tree Program Policy. Motion carried unanimously. MINUTE ORDER NO. 2003-14. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CVAG Human and Community Resources Committee -- Council Member Osborne reported there was some discussion at the last meeting about the County supporting the animal shelter in Indio for only a year and a half longer and there didn't seem to be a long-term view about utilizing it as a satellite location. They also discussed the _- trauma program and staff is putting some information together for the Council: Council Member Perkins noted the new animal shelter is farther for the Animal Control Officers and residents to go. He feels the City should work with Indio, Coachella, and the County to improve the facility in Indio, and would like to see staff directed to come back with some type of feasibility study to retain the shelter. Council Member Sniff agreed, and stated he feels something should be done reasonably promptly. Mayor Adolph stated the issue was also discussed at the Executive Committee, and that County Supervisor Roy Wilson indicated they plan to move any animals that are brought to the Indio shelter to the new shelter. Mr. Wilson also indicated the County will contact the City Managers on how to handle this problem and how they will work with the cities to keep the facility or let the cities pay for it. Council Member Perkins noted animals picked up in La Quinta are taken to Dr. Homec's veterinarian office for a few days, and under the County's plan, would then be taken to the Indio facility until forwarded again to the new facility. He stated that doesn't make sense to him. City Manager Genovese stated staff has tried discussing this issue with Indio, Coachella, and the County for some time. The County has been rather slow in responding to the issue but he feels they are clear on La Quinta's intent, and that the City Council Minutes 8 February 4, 2003 issue will ultimately be resolved. He noted it may take one or all of the cities to tell the County they want to inspect the facility to find out what needs to be done. He prefers leaving it in the County's hand for now but if things don't change within the next few months, maybe one of the cities may need to step up and take the lead. CVA(~ Executive Committee -- Mayor Adolph reported at the last Executive Committee meeting CVAG provided a cash flow report showing a schedule on how the Jefferson Street improvements will move forward. CVAG says the money is there and that the improvements will be done. Council Member Perkins asked if the money available includes removal of the houses on both sides of the street. Mayor Adolph stated he didn't know but expects that cost to be over $2 million. He added the schedule shows the bulk of the work taking place during fiscal years 2004/2005 and 2005/2006. Council Member Henderson stated she feels the underlying problem is whether or not the funding includes Federal dollars because that places the project under the NEPA process and will result in delays to the project. City Manager Genovese stated one of the purposes of the cash flow report is to provide confidence that the project will go forward even if Federal dollars are not available. He stated the NEPA versus CEQA issue is still outstanding and staff hopes it will be resolved soon. It may or may not have an effect on when and how Council reviews the three different alternatives for alignment of the street. Staff will send a letter to Mr. Reynolds to let him know when the City has the information. He added the City will have some control regarding which alignment is selected. Council Member Perkins asked that a copy of the letter be sent to all of the residents that signed the petition. Council Member Henderson stated she understood one of the residents on Jefferson Street held a press conference this morning addressing the frustration level these residents are having to deal with. She noted their frustration levels might add support to the City's effort to keep this a locally-funded project under the CEQA process. In response to Council Member Osborne, Mr. Genovese advised Indio and La Quinta's share of the cost difference will depend on frontage along Jefferson Street. Desert Resorts Regional Airport Authority -- Council Member Osborne reported new taxiways and the removal of asphalt from the old taxiways. He announced they will be holding an open house on April 26th from 4:00 and 7:00 p.m. City Council Minutes 9 February 4, 2003 ,, League of California Cities-Riverside Division -- Council Member Henderson encouraged Council Members to attend the Tri-Division dinner meeting in Ontario on Thursday, March 6, which is when most State Legislatures return to their district offices. She stated there is a lot of effort by all of the cities to have a substantial representation at the meeting. Museum Expansion Committee -- In response to Mayor Adolph, City Manager Genovese stated staff is working on a contract with the architect. Palm Springs Desert Resorts Convention and Visitors Authority -- Council Member Henderson pointed out the results of the branding study reported in the Desert Sun have yet to be reviewed by the Authority, and she would be interested in hearing the Council Members' comments. She added the study is an effort to look for the best way to maximize a very small budget when compared to the larger budgets of "like" places. San Jacinto/Santa Rosa National Monument Advisory Committee -- Council Member Henderson reported the Committee should be ready at meeting in April to make the final recommendations on the management plan. Katie Barrows was present at their last meeting to provide an update on the trail system. SunLine Transit Agency/SunLine Services Group -- Mayor Adolph reported Dick Cromwell has been re-elected as Chairman. All other reports were noted and filed. DEPARTMENT REPORTS 7. FINANCE DIRECTOR. Council Member Henderson congratulated Finance Director Falconer and the Finance Department on the letter they received from the Government Accounting Standards Board (GASB) regarding their achievement in meeting the new GASB Standards No. 34. Council Member Osborne noted La Quinta is one of the first groups to implement the new regulation. City Council Minutes 10 February 4, 2003 MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF CHAPTER 9.200 OF THE ZONING CODE -TABLE 9.23 (DISCRETIONARY REVIEW AUTHORITY). Mayor Adolph stated he received a call from a Lake La Quinta resident who was unhappy about the Walgreens project. He informed the resident that he could speak about the project when it comes before the Council but later learned that the project would not be reviewed by the Council. He feels the Council should take a hard look at the site development permit process because a major project like this on a major street should be reviewed by the Council. He realizes it is within Council's discretionary review authority to request the item to be brought before them but otherwise site development permits are approved or disapproved by the Planning Commission. He would like for Council review to be a part of the normal process. Council Member Perkins stated he believes there are sufficient safeguards in the procedure, and doesn't want everything the Planning Commission reviews to be brought to the Council. He noted a Planning Commission decision can always be appealed by either a resident or the Council, and stated he would not support a change in the procedures because he doesn't feel it is necessary. In response to Council Member Sniff, Community Development Director Herman advised any Council Member can request, within 15 calendar days, that a Planning Commission decision be placed on the next City Council agenda. If the request to appeal the Planning Commission decision receives a majority vote, the appeal is then placed on a future City Council agenda for consideration. He stated a Planning Commission decision can also be appealed by any resident within 15 calendar days and the appeal is then scheduled for a future Council agenda. Council Member Henderson noted site development permits are required on master plan developments and/or specific plans, therefore, the Council has a shot at the project when the specific plan is reviewed and approved. She further noted that site development permits are also reviewed by the Architecture and Landscape Review Committee. She stated she didn't have a problem with the current process. Council Member Osborne concurred. Council Member Sniff stated he understands the Mayor's concern but there are two different ways to appeal the Planning Commission's decision. City Council Minutes 11 February 4, 2003 In response to Mayor Adolph, Mr. Herman confirmed the Walgreens project did not require a specific plan because it is less than 10 acres. Mayor Adolph stated that is where he has a problem. He noted the Council has discretion to decide if a project is properly located, whereas the Planning Commission doesn't. He feels the City has worked hard to get the hotel and other projects in the area and is not sure the Walgreens project is in the right spot. He stated he prefers being a part of the approval process. In response to Council Member Perkins, Mr. Herman confirmed an appeal has been filed on the Walgreens project and a public hearing will be heard within 45 days. Mayor Adolph stated he doesn't have a problem with small structures but noted this structure is not small. Council Member Osborne commented on the difficulty of determining where to draw the line on size. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00 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). PUBLIC COMMENT - None PRESENTATIONS - None City Council Minutes 12 February 4, 2003 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER A RESOLUTION AMENDING THE CITY'S GENERAL PLAN CIRCULATION ELEMENT (EXHIBIT 3.54, CITY ROADWAY CLASSIFICATIONS) BY CHANGING THE EXISTING CLASSIFICATION FOR THE FOLLOWING STREETS: FRED WARING DRIVE, ADAMS STREET, AND DUNE PALMS ROAD. The Mayor declared the PUBLIC HEARING OPEN at 7:00 p.m. Community Development Director Herman presented the staff report. Council Member Perkins explained the differences between street classifications a and b. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:02 p.m. Council Member Osborne asked if the changes will impact any additional traffic signals on Fred Waring Drive, to which Mr. Herman responded, "no." RESOLUTION NO. 2003-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CHANGE TO THE CLASSIFICATION FOR FRED WARING DRIVE, ADAMS STREET, AND DUNE PALMS ROAD IN THE CIRCULATION ELEMENT OF THE GENERAL PLAN (GPA 2002-088-CITY OF LA QUINTA). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-011 as submitted. Motion carried unanimously. ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Perkins to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California