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2003 05 06 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 6, 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 labor negotiators, Ski Harrison, Mark Weiss, and John Ruiz, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 - Meet and Confer Process. 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 Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Jack Fleck, of Veterans of Foreign Wars, announced they raised over $1,800 for the Junior ROTC Scholarship Program with the spaghetti dinner held at the La Quinta Senior Center last month. Rick Durham, 50-855 Washington Street, spoke regarding the landscaping bordering Avenida Ultimo and the Dunes Course (Written Correspondence Item No. 1 ), and asked that the matter be addressed. City Council Minutes 2 May 6, 2003 Dane Hooper, 78-620 Avenida Tujunga, spoke about the same issue, and urged the City to act on this. CONFIRMATION OF AGENDA Council Member Perkins requested the Redevelopment Agency agenda be taken up prior to the Business Session on the City Council agenda. Council concurred. ANNOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented a proclamation to Riverside County Department of Mental Health in honor of May being "Mental Health Month." WRITTEN CORRESPONDENCE 1. LETTER FROM RICHARD DURHAM, DATED APRIL 7, 2003. Council concurred to refer the matter to staff with a report back to Council. 2. LETTER FROM JAMES HARRISON, PRESIDENT OF BERMUDA DUNES' COUNTRY CLUB, DATED APRIL 7, 2003. Mayor Adolph suggested referring the matter to staff. Council Member Sniff stated he doesn't have a problem looking at the area for potential annexation but feels it's important to keep the cost and financing in mind. He also feels a survey should be done to find out how many Bermuda Dunes residents support annexation. Council Member Henderson noted La Quinta was accused of trying to grab land when it looked at the area before for potential annexation, and the City would be inheriting a lot of County planning concerns. She is not opposed to discussing annexation of the area, and noted a cost report was prepared when annexation was previously considered. Council Member Perkins stated he supports referring it to staff. City Council Minutes 3 May 6, 2003 Council Member Osborne concurred, and suggested the possibility of the Bermuda Dunes residents sharing in the cost if another cost analysis is prepared. Council Member Sniff noted the previous cost analysis can probably be updated. He also commented on the legality of looking into annexation of an area that is within Palm Desert's sphere of influence. Mayor Adolph stated he understood from Mr. Harrison and Mr. Dunlevie that Palm Desert has agreed to release the area from their sphere of influence. He stated he indicated to both men that the residents in that area would have to finance any street improvements through an assessment district if La Quinta annexes the area. He commented on the importance of finding out where the sales tax and transient occupancy tax are going, and about the liability for the airport. City Manager Genovese stated staff will look into the matter and report to Council at a later date. APPROVAL OF MINUTES MOTION -It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of April 15, 2003, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 6, 2003. 2. ADOPTION OF THE ECONOMIC DEVELOPMENT PLAN FOR FISCAL YEAR 2OO3/2OO4. 3. ADOPTION OF A RESOLUTION DESIGNATING NEW SPEED LIMITS ON AVENIDA BERMUDAS. (RESOLUTION NO. 2003-23) 4. DENIAL OF CLAIM FOR DAMAGES FILED BY MATTHEW BRADEN - DATE OF LOSS: OCTOBER 9, 2002. 5. DENIAL OF CLAIM FOR DAMAGES FILED BY RANDALL RAMIREZ - DATE OF LOSS: MARCH 4, 2003. City Council Minutes 4 May 6, 2003 MOTION -It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended and with Item No. 3 being approved by RESOLUTION NO. 2003-23. Motion carried unanimously. MINUTE ORDER NO. 2003-34. Council recessed to Redevelopment Agency meeting and to and until 7:00 p.m. 7:00 P.M. PUBLIC HEARINGS - None BUSINESS SESSION Council concurred to take up Item No. 10 at this time. 10. CONSIDERATION OF A RESOLUTION AND AN ORDINANCE TO MAKE THE NECESSARY FINDINGS FOR APPROVAL OF: 1) A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-468; 2) GENERAL PLAN AMENDMENT 2003-089 TO REVISE LAND USE DESIGNATIONS FROM VLDR TO LDR; 3) ZONE CHANGE 2003-110 TO REVISE THE ZONING FROM RVL TO RL; AND 4) TENTATIVE 'TRACT MAP 31123 FOR A 60-LOT SUBDIVISION ON 19.6 _+ ACRES LOCATED ON THE NORTH SIDE OF AVENUE 52 300 ± FEET WEST OF VISTA BONITA TRAIL. APPLICANT: VISTA ENCANTO LA QUINTA, L.P. Community Development Director Herman presented the staff report, and noted the building height in Condition No. 79 (Page 63) should be changed from 18 to 22 feet. In response to Mayor Adolph, Mr. Herman confirmed the proposed tract map is the alternative map proposed by the developer on April 15. City Council Minutes 5 May 6, 2003 RESOLUTION NO. 2003-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING ENVIRONMENTAL ASSESSMENT 2_003-468 AND APPROVING GENERAL PLAN AMENDMENT 2003-089 AND TENTATIVE TRACT MAP 31123 (VISTA ENCANTO LA QUINTA LP). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-24 as amended (modifying Condition No. 79 to read, "....limited to one story/22 feet .... ". Motion carried unanimously. MOTION -It was moved by Council Members Sniff/Henderson to take up Ordinance No. 382 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP FOR CERTAIN REAL PROPERTY (ZONE CHANGE 2003-110 - VISTA ENCANTO LA QUINTA LP). It was moved by Council Members Sniff/Henderson introduce Ordinance No. 382 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 1. CONSIDERATION OF A RESOLUTION REVISING THE RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS RELATING TO MOTIONS FOR RECONSIDERATION. City Attorney Jenson presented the staff report with three options for amending Section 7.3 to address the issue of "Reconsideration." In response to Council Member Perkins, Ms. Jenson confirmed this relates only to tie votes when only four Council Members can participate in the matter under consideration. She noted tie-vote situations where one member is absent from the meeting is automatically continued to the next meeting. City Council Minutes 6 May 6, 2003 Mayor Adolph advised his intent in bringing this matter forward was to amend the rule to allow a Council Member who votes in favor of an action to bring it back for reconsideration, which is Option 3. In response to Council Member Osborne, Ms. Jenson stated Option #2 limits it to someone who voted against the motion being able to bring the matter up for reconsideration, which would be an indication that one of those who voted against the motion is now in favor of the motion. She stated under any of the options, only one reconsideration of a matter is allowed. She noted potentially under the current rule, a developer could leave a Council meeting thinking he has project approval, and a Council Member who voted with the majority to approve the project could decide the vote was not appropriate and request a reconsideration. She pointed out someone who votes in favor of a failed motion is likely to keep voting that way but if someone who voted against the failed motion requests a reconsideration, the outcome would presumably be different, and there would be a reason to have a reconsideration. Council Member Sniff agreed that shows a reasonable expectation of a change. Council concurred. RESOLUTION NO. 2003-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING THE RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS RELATING TO MOTIONS FOR RECONSIDERATION. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-25 as set forth in Option 2. Motion carried unanimously. 2. CONSIDERATION OF SELECTION OF A VOTING DELEGATE TO THE LEAGUE OF CALIFORNIA CITIES SPECIAL GENERAL ASSEMBLY MEETING, MAY 15, 2003. 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/Perkins to appoint Council Member Henderson to serve as the voting delegate for the League of California Cities special General Assembly Meeting to be held May 15, 2003. Motion carried unanimously. MINUTE ORDER NO. 2003-35. City Council Minutes 7 May 6, 2003 3. CONSIDERATION OF MODIFICATION TO THE DESERT DOLMEN ART PIECE. Community Services Director Horvitz presented the staff report. In response to Council Member Osborne, City Attorney Jenson stated a one- page addendum to the Art Purchase Agreement can be prepared to address the modification. In response to Council Member Sniff, Roger Hopkins, the artist, stated the stone in the center is representative of the sitting stone that would be replaced. The stone will have narrow slits of light that will radiate out from under the stone. Council Member Osborne asked if the modification has been reviewed by the Cultural Arts Commission, to which Ms. Hor¥itz responded, "No." In response to Mayor Adolph, Ms. Horvitz explained the structural information was not received in time to present the modification at the last Cultural Arts Commission meeting, and in the interest of time, staff decided to bring the change directly to the City Council. In response to Council Member Sniff, Mr. Hopkins explained how the stones will be stabilized. MOTION - It was moved by Council Members Sniff/ to authorize the modification to the "Desert Dolmen" art feature (located at the northeast corner of Lake La Quinta Drive and Washington Street), and modify the Art Purchase Agreement as appropriate and approved by the City Attorney. Motion carried unanimously. MINUTE ORDER NO. 2003-36. 4. CONSIDERATION OF THE LA QUINTA PARK WATER FEATURE. Community Services Director Horvitz presented the staff report. Council Member Sniff stated he showed the rendering to some of his neighbors, and their feeling was that it is somewhat unattractive and potentially frightening for children. He suggested sending it back for a design that is more suitable and appropriate to water activities, such as dolphins, fish, tortoises, etc. Council Member Osborne stated he doesn't have a problem with a potential change but noted the rendering in the staff report makes it difficult to see how the dragon design will look. City Council Minutes 8 May 6, 2003 Ms. Horvitz stated the dragon would be very colorful. Council Member Perkins shared some of Council Member Sniff's concerns but stated he feels children today are more knowledgeable about such things. He doesn't have a problem with the proposed design. Council Member Henderson referred to similar designs in the fence around Washington Elementary School in Palm Desert that had to be modified because it frightened the children. She noted, however, that was prior to children getting into dinosaurs, which may have changed the perspective. She commented on the water leak problem at the water feature at Fritz Burns Park, and stated she is hesitant to approve another water feature without a better on/off control system. Council Member Perkins suggested having a constant water flow from the dragon with a recirculating water system. Council Member Sniff commented on that being a potential water pollution problem. Ms. Horvitz stated staff will find out if more-reliable, mechanisms are available, and noted the water feature mechanism at Adams Park has been replaced with a more durable unit. She pointed out the Fritz Burns Park water feature was done in 1996. In response to Council Member Osborne, Ms. Horvitz confirmed the water feature is designed for water to sprinkle from the arch of the dragon and for mist to come from the mouth area. Mayor Adolph voiced concern about the plastic coating being a maintenance problem, and stated his vision of a water feature at the park was water shooting up from the ground. He felt that would provide water for children to play in without climbing and getting hurt. Council Member Perkins stated he likes the idea of a water feature shooting water up from the ground. After a brief discussion, Council concurred to send the design back to the artist, and request a water feature that sprays water in irregular intervals. MOTION - It was moved by Council Members Sniff/Henderson to reject the "Water Dragon" water feature design and send it back to the artist for redesign. Motion carried unanimously. MINUTE ORDER NO. 2003-37. · City Council Minutes 9 May 6, 2003 5. CONSIDERATION OF A FUNDING REQUEST FROM PREVENT CHILD ABUSE -- COACHELLA VALLEY. Community Services Director Horvitz presented the staff report, and advised the proclamation referenced in the staff report has been sent to the organization. Council Member Henderson stated she doesn't have a problem with a grant amount of $250. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to approve a funding request by Prevent Child Abuse -- Coachella Valley in the amount of $250 from the Special Projects Contingency Account. Motion carried unanimously. MINUTE ORDER NO. 2003-38. 6. CONSIDERATION OF A REQUEST FOR PLACEMENT OF A PLAQUE AT THE LA QUINTA PARK. Community Services Director Horvitz presented the staff report. In response to Council Member Perkins, Ms. Horvitz stated the location was selected by AYSO. Council Member Sniff commented on the danger of deviating from the City's Memorial Tree Program. Council Member Henderson noted the City recently went beyond the policy for the Hammer Family. In response to Council Member Osborne, Ms. Horvitz stated the program regulates the wording and size of the plaque, and the individual usually purchases the tree that is donated to the City. AYSO is requesting to use an existing tree, use a much larger plaque, and change the wording. She stated a normal plaque is 3 Y2" X 5 Y2" on a stone pillar at the base of a tree, and the proposed plaque is an 18" X 24" bronze plaque to be placed on a granite stone. Council Member Osborne stated he would like to support the AYSO in some manner if a plaque can be done that is more in line with the City's policy. Council Member Sniff agreed, and suggested eliminating the last two lines of the wording. City Council Minutes 10 May 6, 2003 Council Member Henderson noted that would leave a question as to what the "thanks" is for. Council Member Perkins stated he feels it's wrong to name one or two individuals or a Board for a certain time period because they are only a small part of the adults that make the organization work. He suggested having the logo without the added wording, otherwise, he cannot support it. Council Member Henderson suggested using the logo and maybe some recognition of the effort to get the park approved without being specific. She suggested the concession stand area might be a more appropriate location. Council Member noted some cities have a central area to display service club plaques, and he agrees the concession stand is probably the best place to have the plaques in this park. Council Member Henderson stated she understood the desire to give Mark Woods recognition but feels it's a bit awkward. After a brief discussion, Council concurred to direct staff to work with AYSO to be more within the Memorial Tree Program, select a location for plaques closer to the concession stand, develop a logo policy, and a location for Iogos. 7. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Henderson recommended appointing Council Member Osborne. Community Development Director Herman advised the next Chamber of Commerce Workshop/Information Exchange Committee meeting is scheduled for June 6, 2003, at 9:00 a.m. MOTION -It was moved by Council Members Henderson/Perkins to appoint Council Member Osborne to serve for three consecutive meetings on the Chamber of Commerce Workshop/Information Exchange Committee. Motion carried unanimously. MINUTE ORDER NO. 2003-39. City Council Minutes 11 May 6, 2003 8. CONSIDERATION OF THE CITY'S MARKETING PLAN FOR FISCAL YEAR 200312004. Assistant City Manager Weiss presented the staff report. In response to Mayor Adolph, Mr. Weiss stated the proposed contract with Kiner Goodsell is for $164,500. The amount for the entire marketing plan is $220,500, which includes items not within the Kiner Goodsell contract. The Kiner Goodsell contract for the current fiscal year is approximately $21 6,000. MOTION - It was moved by Council Members Sniff/Perkins to approve the 2003/2004 Marketing Plan for the City of La Quinta, and renegotiate a contract with Kiner Goodsell Advertising for professional marketing services to be rendered in fiscal year 2003/2004. In response to Council Member Osborne, Mr. Weiss advised $272,750 was budgeted for the marketing program in 2002/2003, in addition to $75,000 in the CIP for the banner program and $16,500 for the newsletter, making a grand total of $364,000. Council Member Osborne stated he had been reluctant to approve this without getting into the budget program but it does show a good decrease in funding. Council Member Henderson commented on the uncertainty of how the State budget will affect the City's budget, and asked if there is any way to protect the City's ability to cut back on this expenditure if necessary. Mr. Weiss confirmed there are termination provisions in the contract. He suggested the possibility of adopting the plan without showing the fund amounts on the last page, authorizing staff to negotiate a contract with Kiner Goodsell to bring back to Council for approval, and considering the financial underpinnings of this plan as part of the regular budget process. Council Member Henderson stated she would be more comfortable with that. She suggested, if the annual newsletter is going to be continued, that it include a City land-use map showing the remaining designated commercial areas. If a map would be too small, she would like to get the information out another way. Council concurred with including the Assistant City Manager's clarification on the funding as part of the motion. Motion carried unanimously. MINUTE ORDER NO. 2003-40. City Council Minutes 12 May 6, 2003 9. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2003/2004. Community Services Director Horvitz presented the staff report. MOTION - It was moved by Council Members Sniff/Osborne to approve the Community Services Commission Work Plan for Fiscal year 2003/2004. Motion carried unanimously. MINUTE ORDER NO. 2003-41. 11. SECOND READING OF ORDINANCE NO. 381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER NINE OF THE MUNICIPAL CODE RELATIVE TO THE OFFICIAL ZONING MAP FOR THE CITY OF LA QUINTA, CALIFORNIA (ZONE CHANGE 2003-113 - CITY OF LA QUINTA). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 381 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Council Member Sniff noted the Community Services Commission has had a lot of absences, and suggested keeping that in mind when appointments are made. Council Member Perkins noted a similar situation exists with the Investment Advisory Board, and suggested it may be time to consider reducing the Board to five members. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CVAG Executive Committee -- Council Member Sniff reported the Executive Committee voted to move forward with the proposal for a Coachella Valley Moderate- Income Home Finance Authority, pending results of CVAG staff developing a program and plan. He feels there are significant unanswered questions involved, and that the proposal should be closely monitored. He suggested when the report from CVAG comes back it be referred to the Finance Director, City Attorney, and possibly the City Council Minutes 13 May 6, 2003 Investment Advisory Board to review the risks. He stated part of the rational behind this is to generate revenue for CVAG to eliminate the need to raise dues, and suggested taking a look at CVAG's finances to see what their financial situation is. In response to Council Member Henderson, City Attorney Jenson clarified CVAG is looking to create a new JPA or a non-profit organization. Council Member Sniff stated they discussed having the same Executive Committee on the new JPA but he noted some members may choose not to participate. Council Member Henderson pointed out CVAG's financial statement is provided at their General Assembly meeting in June. She stated she hadn't heard any discussion about CVAG considering an increase in the dues. Council Member Sniff stated he understood Palm Desert considered doing this type of program on their own but decided it should be done on a broad basis through CVAG. A brief discussion ensued as to where the financing would come from and how CVAG would receive funding for their administrative costs. CVAG Human & Community Resources Committee --Council Member Osborne reported the Valleywide Animal Shelter is scheduled to open in December 2004. He commented on the need for the east valley cities to get together and determine what needs to be done to the Indio Animal Shelter. He has heard the costs could range from $500,000 to $1,000,000. Mayor Adolph referenced an increase in the County's animal shelter fees. City Manager Genovese stated the costs for improving the Indio facility are uncertain at this time. League of California Cities - Riverside Division -- Council Member Henderson reminded everyone about the general membership meeting to be held in the courtyard May 1 2th. All other reports were noted and filed. City Council Minutes 14 May 6, 2003 DEPARTMENT REPORTS 3-B. CITY COUNCIL SUMMER MEETING SCHEDULE. After a brief discussion, Council concurred to cancel the September 2nd City Council meeting. 3-C. INVESTMENT ADVISORY BOARD VACANCY. After a brief discussion, Council concurred to direct staff to bring the Investment Advisory Board Ordinance back to consider amending the number of members from seven to five. MAYOR AND COUNCIL MEMBERS' ITEMS - None ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California