2003 07 22 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
JULY 22, 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 legal counsel pursuant to Government Code Section
54956.9(a) regarding pending litigation, Coachella Valley Water District v.
City of La Quinta - Riverside Superior Court Case No. INC010827.
2. Conference with real property negotiator, Tim Jonasson, pursuant to
Government Code Section 54956.8 concerning potential terms and
conditions of acquisition and/or disposition of real property located at: 46-
055 Jefferson Street (APN 649-071-009) - Property Owner/Negotiator: Ellis
& Helen Wah; 46-115 Jefferson Street (APN 649-071-011) - Property
Owner/Negotiator: David F. & Patricia L. Peterson; 46-145 Jefferson Street
(APN 649-071-012) - Property Owner/Negotiator: Bill & Suzie Waggoner;
46-175 Jefferson Street (APN 649-071-013) - Property Owner/Negotiator:
Eugene T. & Carol A. Feack; vacant property (APN 649-071-014) - Property
Owner/Negotiator: David A. & Carol A. Elrod; 46-235 Jefferson Street (APN
649-071-015) - Property Owner/Negotiator: Milan & Mila Nikolich; 46-305
Jefferson Street (APN 649-071-016) - Property Owner/Negotiator: Patsy
Rolland; 46-335 Jefferson Street (APN 649-071-017) - Property
Owner/Negotiator: Sheila A. Krakoff; 46-395 Jefferson Street (APN 649-
071-018) - Property Owner/Negotiator: Timothy K. Reynolds; 46-425
Jefferson Street (APN 649-071-019) - Property Owner/Negotiator: Ronald
Astorga; vacant properties (APN 649-071-008, 020, 021, 029) - Property
Owner/Negotiator: Jeff L. & Patricia C. Lilley; 46-170 Jefferson Street (APN
649-090-001) - Property Owner/Negotiator: Harvey A. & Audrey R. Mills;
46-200 Jefferson Street (APN 649-090-002) - Property Owner/Negotiator:
Elaine L. & Robert L. Culp; 46-250 Jefferson Street (APN 649-090-003) -
Property Owner/Negotiator: Emma Rackie; 46-280 Jefferson Street (APN
649-090-004).- Property Owner/Negotiator: Edward E. & Marie A. Waldo;
vacant property (APN 649-090-005) - Property Owner/Negotiator: William
Hall; 46-390 Jefferson Street (APN 649-090-006) - Property
City Council Minutes 2 July 22, 2003
Owner/Negotiator: Mirta Rodriguez; vacant property (APN 649-090-007) -
Property Owner/Negotiator: Charles J. & Alice S. Zilinsky; 46-450 Jefferson
Street (APN 649-090-008) - Property Owner/Negotiator: Sue F. Steding; 46-
480 Jefferson Street (APN 649-090-009) - Property Owner/Negotiator:
John D. & Jacy P. Alexander; 80-020 Vista Grande (APN 649-141-001) -
Property Owner/Negotiator: Leonard C. & Margaret R. Henderson.
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- None
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
PRESENTATIONS
Mayor Adolph and the members of the City Council presented a California Police
Officers Association Award to Lieutenant Greg Ammons of the Riverside County
Sheriff's Department. Mayor Adolph congratulated Lt. Ammons on his many
professional achievements recognized by this award.
WRITTEN CORRESPONDENCE - None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of July 1, 2003, as submitted. Motion carried unanimously.
City Council Minutes 3 July 22, 2003
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED JULY 15, 2003
2. TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31, 2003
3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED MAY 31,
2003, AND THE INVESTMENT SUMMARY REPORT FOR THE QUARTER
ENDING JUNE 30, 2003.
4. APPROVAL OF POSITION DESCRIPTIONS FOR EXECUTIVE ASSISTANT
AND INFORMATIONAL SERVICES ANALYST.
5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR
AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO
ATTEND THE 2003 LOCAL AGENCY INVESTMENT FUND (LAIF)
CONFERENCE, SEPTEMBER 25-26, 2003, SACRAMENTO, CALIFORNIA.
6. APPROVAL OF CONTRACT CHANGE ORDER NO. 2 FOR A CONTRACT TIME
EXTENSION AND ACCEPTANCE OF PROJECT NO. 2001-09, CITYWIDE
MISCELANEOUS IMPROVEMENTS.
7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
NO. 29963, CORAL MOUNTAIN COURT (BAUMANN FAMILY TRUST).
(RESOLUTION NO. 2003-55
8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT
& NICHOL ENGINEERS TO PREPARE THE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE OF PROBABLE. CONSTRUCTION COSTS FOR THE
EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS, PROJECT
NO. 2001-06.
9. ADOPTION OF A RESOLUTION ACCEPTING A GRANT DEED CONVEYING
PERPETUAL EASMENT TO THE CITY FOR EMERGENCY ACCESS AND
PUBLIC UTILITY PURPOSES ON TOM FAZIO LANE SOUTH IN THE QUARRY
AT LA QUINTA. (RESOLUTION NO. 2003-56.
10. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
NO. 31289, LAKE LA QUINTA, LAKEFRONT INVESTORS, INC.
(RESOLUTION NO. 2003-57.
City Council Minutes 4 July 22, 2003
MOTION - It was moved by Council Members Sniff/Perkins to approve the
Consent Calendar as recommended with Items Nos. 7, 9, and 10 being
approved by RESOLUTION NOS. 2003-55 through 2003-57 respectively.
MINUTE ORDER NO. 2003-65.
BUSINESS SESSION
Mayor Adolph asked the concurrence of the City Council for reordering the
agenda to consider item number four on the Business Session first. The City
Council unanimously agreed as a courtesy to several of the speakers who
were under serious time constraints to take part in other meetings.
4. CONSIDERATION OF PARTICIPATION IN THE PROPOSED COACHELLA
VALLEY ANIMAL CAMPUS.
Building & Safety Director Hartung presented the staff report which outlined
changes in the operational and construction costs to participate in the Valley-
wide Animal Campus since the previous City Council consideration of this
matter.
Aurora Kerr, representing the Coachella Valley Area of Governments spoke in
favor of the City of La Quinta joining in with the other committed Valley
cities. She stated the shelter will be constructed and run by the County of
Riverside.
Mayor Jean Benson, of the City of Palm Desert, who serves as the Chair of
the Animal Campus Commission encouraged the City to join with the Cities
of Palm Desert, Indian Wells, Rancho Mirage, Cathedral City, and Desert Hot
Springs in supporting a Valley-wide Animal Campus.
Supervisor Roy Wilson, County of Riverside, encouraged the City Council to
participate in this valley-wide facility and stated the County of Riverside is
proposing to assume all of the capital costs associated with the construction
of the facility. He outlined the structure of the Commission and clarified it is
not set up as a Joint Powers Authority.
Mike Russell, President of Animal Samaritans, spoke on behalf of that
organization, stating they have donated the .land for the facility to be built
and are fully committed to assist in every way to assure its success. In
response to Mayor Adolph, Mr. Russell stated the facility will be geared to
handle "domestic" animals.
City Council Minutes 5 July 22, 2003
Pat Conlon, City of Palm Desert, showed the site plan for the project to be
located on the corner of Del Norte and Rio Del Sol in 1,000 Palms. The
parcel size is 10.5 acres of which the Animal Samaritans have donated
approximately 5 acres to the County of Riverside. The remainder of the site
will be developed for the Animal Samaritan's project. He stated the structure
will be about 26,000 square feet in size. Mr. Conlon described the building
as a "mission style" building which will match the structure the Animal
Samaritans propose to build. He also displayed the floor plan of the facility
showing the area where additional kennels can be added.
In response to Council Member Sniff, Janice McLaughlin, of the County staff
said the maximum capacity per day could be stretched to 150 dogs and
about 60 cats. She also responded to Council Member Sniff's question
regarding the length of time an animal will be held at the facility, stating it
will be a minimum of 5 days and a maximum of 10 days depending on the
capacity of the holding areas.
Council Member Stiff questioned the necessity for the luxurious manner in
which the facility is being designed. Adam Holbrook, Operations Chief of
Riverside County Animal Services, stated the Campus is not proposed to be
an "Animal Hotel" but will provide safe and humane treatment for the
animals.
Aurora Kerr stated the Animal Samaritans facility will be next door and they
will have a program for holding animals until they are adopted. The County
plans to work cooperatively with them to avoid euthanasia as much as
possible.
Ms. Kerr again outlined for Council Member Sniff the structure for running
the Animal Campus. She said a Commission comprised of elected officials
representing the member cities will have oversight of the operations of the
facility. Supervisor Wilson commented that while nothing precludes a JPA
being formed, they do not see it as being necessary.
Council Member Sniff questioned the plans the County has for the animal
shelter in Indio. Supervisor Wilson responded that the County does not want
to continue to operate that shelter after the campus is opened but said they
would be happy to sell the facility to the cities in the east end of the Valley,
should they wish to continue that operation.
Council Member Perkins felt the project is a very fine one but didn't believe it
meets the needs of the cities in the East Valley. He would like to meet with
City Council Minutes 6 July 22, 2003
the cities of Coachella and Indio to see if they are interested in running their
own animal shelter in this end of the valley.
Mayor Adolph advised the Council that Mayor Wilson of Indio has invited
City Manager Genovese and himself to meet with Indio and Coachella on this
matter. He said the meeting will be held on October 29th.
Council Member Osborne questioned the annual contribution from the City of
La Quinta in the amount of approximately $70,000. He asked if this would
be subject to annual increases or how it would be set up. Ms. Kerr advised
that would be the amount for the first five years, however, if Indio and
Coachella choose not to join with the other cities that figure would change
and should be looked at as approximate. Council Member Osborne stated
his concerns regarding the capital costs required to bring the Indio facility up
to proper standards and felt it would still not provide the quality of care that
the mid-valley facility will offer.
Council Member Henderson felt it unfortunate that the parameters have
changed so dramatically since the valley-wide animal campus was first
proposed to the City. She said she agrees with Councilmember Perkins that
it would be preferable to have two facilities located at either end of the
valley. She expressed her displeasure with the deadline being so inflexible
and would like the opportunity to meet with Indio to explore their desires and '
concerns regarding the practicality of an east valley shelter location.
Mayor Adolph said he would also like to meet with Indio and if he isn't
convinced by their facts and figures to justify an Indio shelter, he would then
support the County Shelter.
It was moved by Council Members Sniff/Perkins to continue this matter to
the meeting of August 5, 2003, to allow for a meeting with the Cities of
Coachella and Indio on October 29, 2003.
Supervisor Wilson said he would be happy to try to get another extension to
the deadline for La Quinta's decision. He said he can't make a commitment
that the Commission will agree to an extension.
Council Member complimented the County on the type of governance chosen
for the shelter.
MOTION - It was moved by Council Members Sniff/Perkins to continue
consideration of the matter until the meeting of August 5, 2003. Council
Member Perkins indicated he would like to take part in the meeting with
Indio and Coachella on July 29, 2003 at 4:00 PM. The motion carried
City Council Minutes 7 July 22, 2003
unanimously authorizing Council Member Perkins to attend the August 5,
2003 meeting.
MINUTE ORDER NO. 2003-66.
1. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR
2003/2004 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S
APPROPRIATION LIMIT.
Finance Director John Falconer presented the staff report. He identified the
areas of change since the Council's consideration of the preliminary budget.
He also called the Council's attention to the list of appropriations and
encumbrances for Fiscal Year 2003/2004 and the attached Five-year
Resource Allocation Plan.
Council Member Henderson pointed out the importance of the Five-year
Resource Allocation Plan and felt it very essential that the Council all study
this document carefully.
Council Member Osborne pointed out the budget still is missing the
information regarding the impact the State of California budget will have on
the city's revenues in the future.
Council Member Perkins complemented staff on the "read-ability" of the
document and thanked staff for their efforts to make this user friendly for
the public to understand. He also stated he had been asked to place before
the Council a request for a $25.00 increase per meeting for the Planning
Commission. He asked for feed-back from the rest of the City Council.
Mayor Adolph advised the matter is scheduled for the agenda of August 5,
2003.
RESOLUTION NO. 2003-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR
FISCAL YEAR 2003/2004 AND APPROVING A BUDGET FOR FISCAL YEAR
2003/2004.
MOTION - It was moved by Council Members Sniff/Perkins to adopt
Resolution No. 2003-58 as submitted. Motion carried unanimously.
City Council Minutes 8 July 22, 2003
It was moved by Council Members Henderson/Sniff to receive and file the
Five-year Resource Allocation Plan. The motion carried unanimously.
2. CONSIDERATION OF: 1) A MODIFICATION TO THE MEMORANDUM OF
UNDERSTANDING WITH COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS (CVAG) FOR REGIONAL PM10 STREET SWEEPING
SERVICES FOR FISCAL YEAR 2003/2004; AND 2) AN APPROPRIATION OF
FUNDS FROM THE SOUTH COAST AIR QUALITY FUND.
Finance Director Falconer presented the staff report recommending a
modification to the existing Memorandum of Understanding.
MOTION - It was moved by Council Members Henderson/Sniff to Approve a
Modification to the Memorandum of Understanding with the Coachella Valley
Association of Governments (CVAG) for Regional PM-lO Street Sweeping
Services for Fiscal Year 2003-04 and to approve an Appropriation of $9,1 27
Funds from the South Coast Air Quality Fund. Motion carried unanimously.
MINUTE ORDER NO, 2003-67.
3. CONSIDERATION OF A REQUEST FOR PROPOSALS (RFP) FOR ADDITIONS
TO THE ARCH SCULPTURE ARTWORK.
Community Services Director Horvitz presented the staff report.
Council Member Henderson clarified that the request is to specify if the Palm
Trees are to be live trees or an artistic part of the sculpture. Director Horvitz
stated that is the case.
Council Member Sniff suggested that the palm trees be of a similar material
to the composition of the sculpture and not live trees which can grow too
large to act as part of the art work.
Council Member Henderson, agreed and suggested that the wording should
read "La Quinta" across the top and on the second rib of the rainbow "Gem
of the Desert." Eliminating the words "City of" before La Quinta and "The"
before Gem of the Desert.
Council Member Osborne agreed with Council Member Henderson's
recommendations.
City Council Minutes 9 July 22, 2003
Mayor Adolph asked if the quail and the trees will be flat depictions or three-
dimensional. Director Horvitz said the three-dimensional requirement can be
written into the RFP.
Council Member Sniff questioned if Gem of the Desert should be on the
second rib. He felt it might not be seen in that location.
By consensus the Council agreed that this can be left to the discretion of the
artist.
MOTION - It was moved by Council Members Sniff/Henderson to approve
the Request for Proposals for the addition of a Gambel's quail and two palm
trees to be added to the arch sculpture with the caveat that it must be three
dimensional and that the words "La Quinta" and "Gem of the Desert" are to
be painted on the appropriate ribs. Motion carried unanimously. MINUTE
ORDER NO. 2003-68.
5. CONSIDERATION TO AWARD A CONTRACT TO CONSTRUCT THE
AVENIDA LA FONDA STREET ENHANCEMENTS, PROJECT NO. 2002-05,
AND TO ADOPT A RESOLUTION MAKING FINDINGS PURSUANT TO
HEALTH & SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE
EXPENDITURE OF FUNDS FOR THE AVENIDA LA FONDA STREET
ENHANCEMENT PROJECT.
Assistant Public Works Director Speer presented the staff report and advised
only one bid had been received. The amount was $814,020.85 which
substantially exceeded the estimated cost of the project. He stated staff
does not believe this is a competitive bid in the current market, however,
there were some severe provisions in the bid such as a 20 day bid period, a
specified start and complete date and ~1,000 per day liquidated damages.
He asked that staff be authorized to re-bid the project with some
modifications to the specifications as mentioned, as well as be authorized to
investigate methods to lower the cost of the project, and finally asked that
Council reject the bid.
Council Member Henderson asked what the time frame would be if the bid is
re-advertised. Assistant Director Speer stated if staff is unable to find ways
to lower the cost of the project, and are required to re-advertise the bid, they
would close bids on September 9, 2003 and have a recommendation for
Council at the September 1 6th meeting. That would allow construction to be
commenced on or about October 1, 2003 with a completion date at the end
of the year 2003.
City Council Minutes 10 July 22, 2003
Council Member Henderson asked if staff has considered phasing the
improvements to La Fonda. Mr. Speer responded the landscaping, water
fountain and electrical features of the project came in fairly competitive. The
problem was with the pavers. A reimbursement agreement with Wells
Marvin, the Developer, will be executed to have the Old Town development
responsible for everything behind the curb line on his side.
MOTION - It was moved by Council Members Sniff/Henderson to reject the
single bid received from A. Flores Excavating and Grading, Inc. in the amount
of $814,020.85 to construct the Avenida La Fonda Street Enhancements,
Project No. 2002-05 and authorize staff to: 1) investigate other possibilities
for lowering the construction costs and accelerating the project schedule;
and 2) re-advertise the project for bid. Motion carried unanimously. MINUTE
ORDER NO. 2003-69.
Council Member Perkins asked that the condition of the parking lot area at
the Liquor Store on La Fonda and Bermudas be checked out by Code
Enforcement. He stated it is full of trash, beer bottles, etc. City Manager
Genovese stated he would have the appropriate actions taken by city staff.
6. SECOND READING OF ORDINANCE
ORDINANCE NO. 386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE LA QUINTA CHARTER AND MUNICIPAL
CODE AMENDING CHAPTER 2.04 (CITY COUNCIL COMPENSATION).
MOTION - It was moved by Council Members Sniff/Henderson to adopt
Ordinance No. 386 on second reading. Motion carried by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSTAIN: None
ABSENT: None
7. SECOND READING OF ORDINANCE
ORDINANCE NO. 387
City Council Minutes 11 July 22, 2003
THE NORTHEAST CORNER OF CALEO BAY AND VIA FLORENCE - ZONE
CHANGE 2OO3-114.
MOTION - It was moved by Council Members Sniff/Henderson to adopt
Ordinance No. 387 on second reading. Motion carried by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSTAIN: None
ABSENT: None
STUDY SESSION
1. DISCUSSION REGARDING THE FACILITY USE POLICIES.
Community Services Director Horvitz presented the staff report and an
attachment to the report spelling out the Community Services Commission
recommendations.
It was unanimously agreed to consider the facilities as listed in the staff
report.
CIVIC CENTER CAMPUS
Concurrent Use of the Amphitheater/Gazebo and the Senior Center.
Council Member Henderson asked should the restrooms be needed at the
Senior Center, for an event to be held at the Civic Center Campus, is it
possible to lock off the rest of the facility leaving only the restrooms
accessible. Director Horvitz said the other areas could be locked off,
however, at this time a staff member is present when this occurs.
Mayor Adolph stated it might be better to use the City Hall rather than the
Senior Center for restroom use to accommodate activities in the campus
since it is designed to lock off all of the areas other than the reception hall
and the restrooms.
Director Horvitz said the current fee to provide open restrooms at the Senior
Center is $90 an hour.
Council Member Osborne stated he would like to see if it is feasible to lock
off all of the Senior Center allowing use of the restrooms only. She stated
this is possible. He felt if it isn't possible to insure the safety of the rest of
City Council Minutes 12 July 22, 2003
the facility, groups wishing to have events of over 30 minutes should be
required to rent portable restrooms.
Council concurred to direct the Director of Community Services to bring a
fee schedule back for their review.
Restricting Public Access to portions of the Civic Center Campus
Ms. Horvitz reported the Community Services Commission looked at this in
the context of a request to Use the campus for a non-profit fund raising
event for a five-day period. She advised the Commission felt if this use is
allowed, one-third of the Campus should be left open to the general public
and the number of days the campus is closed be limited to thirty days within
a calendar year.
Council Member Sniff stated he is opposed to fencing off all or part of the
campus at any time, under any circumstance. He also does not favor
commercialization of the campus.
Council Member Henderson would like to see a reasonable accommodation
for non-profit groups and allow events under a permit approved by the City
Council.
Planning Manager Oscar Orci outlined the process for securing special event
permits. He said the temporary use permits for special events are required
for such things as car washes or sidewalk sales, etc. He said an event
involving 50 or more people require permits which are issued by the
Community Development Department.
Council Member Henderson expressed concerns about the Civic Center
Campus being totally restricted for such uses and asked if there would be
any legal ramifications if the City Council were to require a permit authorized
by the Council for that site.
City Attorney Jenson said since the public would be provided with the use of
the facility during the majority of the time, it would be within the Council's
purview to allow restricted use on a limited basis.
Council Member Henderson would like to see a use of this kind limited to 1 5
days per year, no event more than four days.
Council Members Sniff and Osborne favor not allowing any fenced off uses.
City Council Minutes 13 July 22, 2003
Mayor Adolph and Council Member Perkins felt there can be exceptions that
could be allowed on a City Council approved permit.
Council Member Osborne, said he did not wish to be placed in the position of
approving the park to be fenced off for one non-profit group's special event
and not another.
The Council by consensus referred the matter back to the Community
Services Director to develop several scenarios for the Council to consider at
a later date.
Allowing Commercial Events and Fund Raisers
Council Member Sniff strongly objected to fencing of the Campus for
Commercial Events.
Council Member Osborne agreed and felt there are other facilities available
such as the La Quinta Park.
Council agreed to refer this matter to staff.
Parking Plan
Director Horvitz outlined the policy which the department has developed
informally that requires a parking plan. It shows where parking is to be
utilized and if shuttles are be used to transport people it requires details of
the routes and schedules.
Council Member Osborne felt a formal parking plan should be developed.
Council Member Henderson asked if the intent is for the City to develop the
parking plan and give it to the organizations at the time they apply for a
permit. Ms. Horvitz said it would be a condition of the facility use plan that
they must adhere to the parking plan.
Council, by consensus, approved the Commission recommendation that a
formal parking plan be incorporated into the Civic Center Campus policies.
City Council Minutes 14 July 22, 2003
LA QUINTA SENIOR CENTER
Alcohol Policy
Director Horvitz outlined some problems with the current policy which allows
groups to do their own clean-up after an event. She stated this is a
particular problem when a group has held an event serving alcohol on a
Saturday night and on Sunday morning the church group comes in for
services. The carpets are often stained and there is a very strong odor of
alcohol in the building.
She stated the Community Services Commission recommends the City
maintain a list of approved cleaning companies that can be hired. They also
recommend a bond be required for the cleaning of the Center after an event
in which alcohol is served.
Mayor Adolph asked how many events serving alcohol occur in a single year.
Director of Building and Safety Tom Hartung advised that this occurs at least
twice a month. In response to Council Member Henderson, he stated a
frequent problem is groups decide at the conclusion of their event to just pay
for the clean-up out of their deposit and leave the Center in very poor
condition.
Council Member Osborne asked if the rate for an event is the same with or
without alcohol. Ms. Horvitz replied it is $90 per hour with an additional
fee for kitchen use.
Mr. Hartung suggested requiring a cleaning contract with the janitorial
company used for maintenance of city facilities. He felt this would eliminate
the need for issuing additional keys to the facilities and staff keeping track of
who is supposed to come in to clean.
The Council agreed by concurrence to require renting parties serving alcohol
to contract with the City's approved cleaning company to clean up after an
event.
Director Horvitz asked Council to also consider the Commission's
recommendation regarding set-up and cleaning fees when provided by City
staff.
Council Member Sniff recommended $100 for set-up and ~ 1 75 for cleaning.
After a brief discussion, Council approved the Commission's
recommendation of 990 for set-up and $1 50 for cleaning.
City Council Minutes 15 July 22, 2003
COVE OASIS TRAILHEAD
Vehicular Access
Community Services Director Dodie Horvitz outlined the Community Services
Commission recommendation and presented the need for a policy for use of
the Trailhead.
Council Member Henderson asked why a single vehicle would go up to the
trailhead and stay for an event. Ms. Horvitz replied this might be a catering
vehicle which would serve refreshments during an event. Council Member
Henderson asked it one vehicle stayed up at the Trailhead could others go
up, unload and go back down to park? Ms. Horvitz said it was her
understanding of the Commission's recommendation that only one vehicle
would be permitted to access the site per event.
Council Member Osborne questioned how this would work into the ADA
requirements for people in wheel chairs, etc. Ms. Horvitz responded that City
staff has used a golf cart to transport handicapped individuals for City events
but it hasn't been addressed for private functions.
Council Member Henderson suggested a requirement be added to include the
need to provide a rented golf cart to address the ADA issues.
City Attorney Jenson advised that the Cove Oasis is considered a trail and
that she knows of no ADA requirements for accessing natural trails.
Director Horvitz stated there isn't any parking provided for public use. She
said the trail has been rock lined and might cause it to be difficult to take
golf carts up to the oasis area.
Mayor Adolph suggested the parking for this area needs to be identified
before the Council can really consider what is best to put into a policy. The
Council agreed by consensus to send this back to staff for further study.
Port-a-Lets
Director Horvitz reported the Commission recommends Port-a-lets be
required for all events held in the Cove Oasis. After a brief discussion
Council agreed with this recommendation.
City Council Minutes 16 July 22, 2003
Permitted Uses
Ms. Horvitz explained the Commission recommendation regarding permitted
uses is to require a Temporary Use Permit. This permit would include a
condition that amplified sound is not permitted at any event.
Council Member Henderson and Mayor Adolph both objected to the condition
to prohibit amplified sound. They felt the type of events that would be held
in that setting would not use excessive amplified sound. Council Member
Henderson felt it should be permitted and in fact it was designed to provide
power to the site for that use.
The Council concurred to require a Temporary Use Permit for the Cove Oasis
Trailhead. They also directed that amplified sound would be permitted.
In light of the hour, the Mayor called a dinner recess at 6:1 2 p.m.
Council recessed to and until the hour of 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT- None
PRESENTATIONS
The Mayor and Council Members presented art awards to the following YMCA
students whose artwork has been displayed at City Hall:
Mohammad Abdelhalim Samantha Espinoza Natasha Olivos
Travis Albright Daniel Fisher Alyssa Pavia
Tristan Baker Katelynn Gilbert Juan Reatiga
Shawn Barnard Alexandra Gonzalez Andres Rosas
Haley Buttles Rayann Lopez Sophia Samonte
Maria Calderon Sergion Luna Alexis Shriner
Maritza Cubillas Samuel Magdaleno Christian Valdez
Jeremy DeRenard Ethan McClain
Thomas Emison Nathaniel O'Connor
PUBLIC HEARINGS
City Council Minutes 17 July 22, 2003
1. PUBLIC MEETING/HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT NO. 89-1, FISCAL YEAR 2003/2004.
Assistant Public Works Director Speer presented the staff report.
The Mayor declared the PUBLIC HEARING OPEN at 7:14 p.m. There being
no requests to speak, questions or discussion, the Mayor closed the public
hearing at 7:15 p.m.
RESOLUTION NO. 2003-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR
FISCAL YEAR 2003/2004 ASSESSMENT DISTRICT NO. 89-1 (PURSUANT
TO THE LANDSCAPE AND LIGHTING ACT OF 1972).
MOTION -It was moved by Council Member Sniff/Henderson to adopt
Resolution No. 2003-59 as submitted. Motion carried unanimously.
2. PUBLIC HEARING ON: 1) ADOPTION OF A RESOLUTION OF THE CITY
COUNCIL APPROVING THE SETTING AND PLACEMENT OF RESIDENTIAL
WASTE COLLECTION AND SERVICE FEES ON THE TAX ROLLS FOR
RESIDENTIALLY-DEVELOPED PROPERTY; 2) ADOPTION OF A RESOLUTION
SETTING COMMERCIAL AND ROLL-OFF WASTE COLLECTION AND
SERVICE FEES; AND 3) AN APPROPRIATION FOR DISPOSAL CHARGE
RECONCILIATION FOR FISCAL YEARS 1998/1999 AND 1999/2000.
Community Development Planning Manager Oscar Orsi presented the staff
report and outlined the proposed rates for residential and commercial
collection. He also discussed a request by Waste Management of the Desert
to allow them to add a new rate, for construction and demolition, in lieu of
the City paying the disposal reconciliation charge. He explained the one time
fee of $287,892, for reconciliation for the years FY 1998-99 and 1999-
2000 was based on a report performed by the City's consultants Hilton,
Farnkopf and Hobson, LLC.
The Mayor declared the PUBLIC HEARING OPEN at 7:19 p.m.
Deborah Mc Garrey, 41575 Eclectic Street, Palm Desert representing Waste
Management of the Desert, spoke regarding the proposed $91.00 per lift
rate to be used for each temporary/construction container. She explained
the container lift rate is not charged in La Quinta. She noted the
City Council Minutes 18 July 22, 2003
recommended weight per container is 105 lbs. per cubic yard; however, they
have been averaging over 700 lbs per cubic yard at the construction sites.
She stated because this results in a much higher tonnage the City ends up
paying reconciliation charges for the tonnage over the franchise agreement.
Council Member Henderson questioned what the residents are charged when
they rent a roll off container for a month. Ms. Mc Garrey said the rate for
one month is $100.
Frank Orlett, of Waste Management of the Desert, clarified that the
residential rate is established by Waste Management since it is not contained
in the body of the Franchise Agreement. He went on to explain the
contractors are circumventing the monthly rate for the larger roll-off bins by
renting three or four of the smaller ones to qualify for the monthly fee which
does not charge by the ton.
Ms. Mc Garrey, went over a handout entitled Temporary Container Rate that
outlined how the construction accounts are using the smaller containers to
gain a $115.__ savings per month. She said the construction uses average
700 lbs. per cubic yard as opposed to the average commercial account of
105 lbs. per cubic yard.
Council Member Sniff felt the 700 lbs. per cubic yard estimate for
construction uses is an exaggerated amount. Ms. Mc Garrey, answered the
very heavy materials, such as wood, drywall, left over concrete, tiles, and
carpet remnants account for the much greater weight.
Council Member Osborne said he would like to delay further consideration of
the Temporary Container Rate, since the City Council can't act on this rate
change until it is properly noticed.
Mayor Adolph asked if there is a limit on the number of pickups for roll off
containers. Ms Mc Garrey responded they could have as many as six
pickups a week; however, this would be a very unique situation.
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 7:43 p.m.
Beryl Sandor, 43-616 Alba Court, asked if he could ask a question of Waste
Management of the Desert. Mayor Adolph suggested since the public
hearing was closed, he speak privately with the Waste Management
Representatives at the conclusion of the Council's action on this matter.
City Council Minutes 19 July 22, 2003
RESOLUTION NO. 2003-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
FOR REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL
PROPERTIES WITHIN THE CITY PURSUANT TO LA QUINTA CHARTER AND
MUNICIAL CODE CHAPTER 6.04 (RESIDENTIAL WASTE FEE SCHEDULE).
MOTION -It was moved by Council Members Henderson/Sniff to adopt
Resolution No. 2003-60 as submitted. Motion carried unanimously.
RESOLUTION NO. 2003-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE
COLLECTION, RECYCLING (AB 939), AND DISPOSAL OF RUBBISH AND
GARBAGE FROM COMMERCIAL, CONSTRUCTION, AND INDUSTRIAL
(ROLL-OFF) ESTABLISHMENTS AND CERTAIN RESIDENTIAL PROPERTIES
(DIRECT BILL) WITHIN THE CITY (COMMERCIAL WASTE FEE SCHEDULE).
MOTION -It was moved by Council Members Sniff/Henderson to adopt
Resolution No. 2003-61 as submitted. Motion carried unanimously.
A brief discussion followed with regard to dealing with the recommendation
regarding the disposal charge reconciliation. City Manager Genovese advised
the Council may take action on staff recommendations one, two and three,
but can not establish a new rate at this meeting.
Council Member Henderson felt the City should not appropriate the funds
until the matter of the new fee is determined. She felt there is a possibility a
nexus could be made between the rate and the need to pay reconciliation
costs.
Council Member Sniff felt the Council should deal with the reconciliation fees
at this time since it brings the City up to-date, and future fees and offsets
could be discussed when it is properly noticed.
MOTION - It was moved by Council Members Sniff/Osborne to appropriate
up to $287,862 from General Fund Reserves based upon the disposal charge
reconciliation for fiscal years 1998/1999 and 1999/2000. The motion
carried with Council Members Henderson and Perkins voting NO. MINUTE
ORDER NO. 2003-70
City Council Minutes 20 July 22, 2003
Council Member Sniff requested that the proposed rate be brought back for
Council consideration in the next 60 days. Council concurred.
JOINT PUBLIC HEARINGS WITH THE LA QUINTA REDEVELOPMENT AGENCY
3. PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL
PROPERTY LOCATED AT 52-665 AVENIDA RAMIREZ BY AND BETWEEN
CHRISTIN JOHNSON AND THE LA QUINTA REDEVELOPMENT AGENCY
AND AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO EXCECUTE THE
NECESSARY DOCUMENTS.
Planning Manager Orci presented the staff report.
Mayor Adolph declared the PUBLIC HEARING OPEN at 8:51 p.m.
Redevelopment Agency Chair Henderson reopened the Redevelopment
Agency meeting and opened the Public Hearing at 8:51 p.m.
There being no requests to speak, the Mayor declared the PUBLIC HEARING
CLOSED at 8:52 p.m.
MOTION - It was moved by Council Members Sniff/Henderson to approve an
agreement to sell real property located at 52-665 Avenida Ramirez by and
between Christin Johnson and the La Quinta Redevelopment Agency in the
sum of $130,000 and authorize the Executive Director to execute the
necessary documents. Motion carried unanimously. MINUTE ORDER NO.
2003-71.
Council Member Henderson congratulated Ms. Johnson who was in the
audience on becoming a first time homeowner.
4. PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL
PROPERTY LOCATED AT 53-275 AVENIDA RAMIREZ BY AND BETWEEN
GRACIELA CANTU AND THE LA QUINTA REDEVELOPMENT AGENCY AND
AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO EXCECUTE THE
NECESSARY DOCUMENTS.
Community Development Planning Manager Orsi presented the staff report.
The Mayor declared the PUBLIC HEARING OPEN at 9:00 p.m.
City Council Minutes 21 July 22, 2003
Redevelopment Agency Chair Henderson opened the Public Hearing at 9:00
p.m.
There being no requests to speak, the Mayor declared the PUBLIC HEARING
CLOSED at 9:01 p.m.
Council Member Sniff asked how many of these units were still unsold. RDA
Consultant Frank Spevecek responded that 43 of the original purchase of 50
units remain unsold. Council Member Sniff wondered if the Council should
rethink a previous decision to sell only two of these units per year.
Council Member Henderson commented that the housing market is very tight
now and the original decision to sell only two units annually was to keep
from competing with the open market. Mr. Spevecek responded that an
attempt is being made to sell these units to the current occupants so as not
to dislocate people by selling them while they are occupied. Secondly, they
are occupied by Section 8 rental households and the agency has been
"mentoring" these existing occupants in an attempt to assist them in
securing a home of their own.
The Council gave staff direction, that should additional units become
available to the existing occupants, they may disregard the two per year
policy.
MOTION - It was moved by Council Members Sniff/Osborne to approve an
agreement to sell real property located at 53-275 Avenida Ramirez by and
between Graciela Cantu and the La Quinta Redevelopment Agency in the
amount of $130,000 and authorize the Executive Director to execute the
necessary documents. Motion carried unanimously. MINUTE ORDER NO.
2003-72..
STUDY SESSION (CONTINUED)
Mayor Adolph reopened the Study Session and called on Community Services
Director Horvitz to continue where the City Council had left off earlier.
FRITZ BURNS PARK
Limiting Inflatable Amenity Vendors
Director Horvitz outlined the current policy which requires a Certificate of Insurance
be provided to the City by the vendor of the bounce amenities. She stated the
City Council Minutes 22 July 22, 2003
local businesses are familiar with the requirement and have adhered to it. Vendors
from outside the Coachella Valley, however, have not provided the necessary
additionally insured riders and this has been a cause for concern. She explained
that other cities deal with the problem by limiting the use of inflatable amenities to
those companies that provide the city with the necessary Certificate of Insurance.
She stated the Commission is also making that recommendation.
Council Member Osborne felt this was a very good policy and agreed with it.
Council Member Henderson also agreed if a list of companies can be prepared to
give to the public identifying the ones who are aware of the City's requirement.
The Council indicated unanimous agreement with the Commission's
recommendation.
Skate Park Rental
Director Horvitz advised the Council that staff has received preliminary requests to
use the skate park for private parties. She said the current policy for facility use
allows for individuals to rent a portion of Fritz Burns Park for the use of the bounce
houses and covered picnic tables. The playground and remaining park areas are
open to the general public. She said the Commission is recommending the skate
park should not be rented for private parties.
Council Member Sniff questioned the Commission's reasoning for this. Ms. Horvitz
replied the skate park is the only one in the City and to close it for private parties
deprives the public the use of this recreational facility.
Council Member Henderson stated the Council may want to revisit this matter after
a second skate park is opened, but at this time she agrees it should not be closed
to public use.
The Council agreed unanimously with the Commission's recommendation.
LA QUINTA PARK AND SPORTS COMPLEX
Snack Bar Operation
The Community Services Director outlined the current policy at the Sports Park
with regard to the snack bar. She explained the City owns and maintains the
equipment in the snack bar which includes a hot dog machine, ice machine,
popcorn machine, nacho machine and refrigerator/freezer. She said the youth
groups use the snack bar to raise funds. The City also pays for the annual health
permit for the snack bar and spends approximately $2,500 in repairs and
City Council Minutes 23 July 22, 2003
replacements. The total expenditures of 3136,650 are anticipated to be within the
same range for the new La Quinta Park.
She cited a recent situation when a youth organization employed a business to
operate the snack bar during the season and paid the business $1,300 a week for
this service. The City Attorney notified the group that they were only permitted to
use of the snack bar to raise funds for the organization.
The Commission recommends the policy spell out "the snack bars should be run by
leagues and volunteers. Hiring of individuals or businesses to operate the snack
bars should not be permitted."
La Quinta Park Snack Bar
In response to Council Member Perkins, Ms. Horvitz said mcre than one sports
group will be using the snack bars as the seasons change between soccer, football
and baseball. She also responded, the City originally purchased the equipment in
the snack bar at the Sports Park and still maintains it.
Council Member Henderson clarified that the question is also who will purchase the
equipment for the new snack bar at The La Quinta Park.
Council Member Sniff stated he feels it is only fair for the City to outfit the snack
bar at The La Quinta Park since it has done so at the Sports Park. Council Member
Osborne concurred.
Council Member Perkins felt the City has experienced such high costs to build and
maintain the parks it shouldn't be expected to pay for and outfit snack bars which
are used by the sports groups for the purpose of making a profit.
Council Member Henderson agreed, saying although the City has paid for the
equipment in the past, at present the Lighting and Landscaping District is in an
"upside down" financial position. She felt adding to that deficit was not prudent.
She stated it is time to put a halt to the requests that continue to come in for more
and more facilities that add to the City's overhead and simply can not be
accommodated, no matter how conservative the Council is. She commented she is
not in favor of user fees but if this spending trend continues the Council is going to
have to take a hard look at user fees in the future.
Council Member Osborne felt the Council should be consistent. He said if the
Sports Park was equipped at City expense the park site in the northern part of the
City should be similarly equipped.
City Council Minutes 24 July 22, 2003
Council Member Sniff asked how often the equipment has to be replaced in the
snack bars. Director Horvitz said at least one piece of equipment is replaced
approximately every two years.
Mayor Adolph said in his youth, parents took care of paying for sports equipment
and volunteered to provide cold drinks and snacks at the games. He said he
understands both points of view but is concerned about the escalating cost of
providing parks facilities.
Council Member Sniff suggested that the City pay for the equipment with the
understanding the costs of maintenance and replacements would be the
responsibility of the sports groups.
Ms. Horvitz advised the Council that the ALSO soccer group has indicated they can
supply the equipment for the snack bar.
The Council asked staff to look into the various options for handling the snack bars
and particularly in light of the use by two or three different sports groups during
the course of the year.
Council Member Henderson suggested the remainder of the items contained in the
study session staff report be continued to another meeting to allow the
Redevelopment Agency Business Item No. four to be discussed. She remarked that
the only people in the audience are those who have been waiting for some time to
hear the golf course architect selection considered.
The Mayor agreed and the Council concurred to continue the facility policies to a
later date.
REPORTS AND INFORMATIONAL ITEMS
All reports were noted and filed.
DEPARTMENT REPORTS
City Attorney Kathy Jenson reported the Second District Court of Appeals recently
ruled Charter Cities are not exempt from paying prevailing wage.
MAYOR AND COUNCIL MEMBERS' ITEMS - None
City Council Minutes 25 July 22, 2003
ADJOURNMENT
There being no further business, it was moved by Council Members
Sniff/Henderson to adjourn the meting at 9:1 2 p.m. Motion carried unanimously.
Respectfully submitted,
JUNE S. GREEK, City Clerk
City of La Quinta, California