Loading...
2005 05 03 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 3,2005 A regular meeting of the La Guinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Osborne, Perkins (arrived at 2: 19 p.m.), Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT Joe Broido, 77-510 Calle Nogales, referenced a closed session item regarding Embassy Suites, and urged Council to research The Bison Group before considering any financial interest in the project. * * * * * * * * * * * Eric and Violet Frankson read a letter expressing appreciation for the City's assistance in helping them buy their first home through the Vista Dunes Mobile Home Park Relocation Plan. CLOSED SESSION 1. Conference with the City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Calle Tampico and Desert Club Drive. Property Owner/Negotiators: Santa Rosa Plaza, LLC and Embassy Suites, La Guinta. Council recessed to the 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. City Council Minutes 2 May 3, 2005 PUBLIC COMMENT Ian Rhodes, 43-905 Milan Court, asked about an update on the School District sound barrier wall between his property and Palm Royale Drive. Mayor Adolph referred him to staff for an update. CONFIRMATION OF AGENDA City Manager Genovese stated Business Session Item No. 5 has been removed from the agenda and will be rescheduled. ANNOUNCEMENTS - None PRESENTATIONS 1. PRESENTATION TO FORMER POLICE CHIEF JOHN HORTON. (See Page 5) WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM lA QUINTA ARTS FOUNDATION, DATED APRil 18, 2005. Christi Salamone, Executive Director of La Ouinta Arts Foundation, presented the Council with a commemorative poster from this year's La Ouinta Arts Festival. In regard to the correspondence, Council concurred to direct staff to look at the possibility of an annual or two-year agreement with options for additional years. 2. CORRESPONDENCE FROM JIM MURRAY MEMORIAL FOUNDATION AND THE INTERNATIONAL GOLF MUSEUM REGARDING MARKETING PARTNERSHIP PROPOSAL FOR THE CITY OF LA QUINTA AND SilverRock RESORT. John Peña, President of International Golf Museum, requested this item be placed on the agenda as an emergency item due to scheduling issues. - -~- . City Council Minutes 3 May 3, 2005 Council Member Sniff suggested placing it on the next agenda for consideration. Council Member Henderson indicated she would like to have Landmark's input as to how the proposal might affect the golf course operations. Mr. Peña stated the intent was to find out how the Council feels about the proposal. linda Murray, President of Jim Murray Memorial Foundation, confirmed this will be the seventh year for the event but the first time it will be televised. In response to Council Member Osborne, Terry Ross, Vice President of International Golf Museum, stated they are in daily contact with Fox Sports regarding this event. Council concurred to direct staff to place this on the next agenda as a business item. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of April 19, 2005, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 3, 2005. 2. DENIAL OF CLAIM FOR DAMAGES FilED BY DOWANNE VALDEZ - DATE OF lOSS: JANUARY 12, 2005. 3. DENIAL OF CLAIM FOR DAMAGES FILED BY VIRGINIA ANN TABOR - DATE OF LOSS: FEBRUARY 12, 2005. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE INFORMATION SYSTEMS ANALYST TO ATTEND THE MASTERING INTERNET AND lAN SECURITY SEMINAR TO BE HELD IN VENTURA, CALIFORNIA, JUNE 28-29, 2005. City Council Minutes 4 May 3, 2005 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR. THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE REDEVELOPMENT INSTITUTE 2005, TO BE HELD IN ANAHEIM, CALIFORNIA, MAY 16-20, 2005. 6. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL DON BERRY MEMORIAL GREATER COACHEllA VAllEY SOAP BOX DERBY TO BE HELD ON MAY 14, 2005, ON AVENIDA BERMUDAS. (RESOLUTION NO. 2005-031) 7 . APPROVAL OF A REQUEST FOR PROPOSALS FOR DESIGN/BUilD SERVICES FOR CAPITAL IMPROVEMENT PROJECTS 2003-02 AND 2003- 04, ADDITION TO BOYS AND GIRLS CLUB AND SPORTS COMPLEX IMPROVEMENTS AND AllOCATION OF QUIMBY FUNDS. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A' FINAL MAP FOR PARCEL 32683-2, WASHINGTON 111 , lTD. (RESOLUTION NO. 2005-032) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item Nos. 6 and 8 being approved by RESOLUTION NOS. 2005-031 through 2005-032 respectively. Council Member Osborne referenced Item No.7, and stated he hopes the air conditioning will be installed before summer. Motion carried unanimously. MINUTE ORDER NO. 2005-41. BUSINESS SESSION 1 . CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION ANNUAL WORK PLAN FOR FISCAL YEAR 2005/2006. Community Services Director Horvitz presented the staff report. Council Member Osborne suggested the Community Services and Cultural Arts Commissions be combined since their work plans are so similar. He , feels it will save staff time, and that the membership could eventually be reduced down to seven members. Council Member Perkins stated he would support the suggestion but prefers reducing the membership, through attrition, down to five members. -~--~ City Council Minutes 5 May 3, 2005 Council Member Osborne requested this item come back with a united work plan. City Attorney Jenson advised adoption of an ordinance is required to consolidate the Commissions. Council Member Henderson stated she feels the suggestion has a lot of merit. She supports moving forward with the work plans, and directing staff to place an item on the next agenda to discuss whether or not to combine the Commissions. City Manager Genovese suggested the work plans be continued until a decision is made on combining the two Commissions. After a brief discussion, Council concurred to direct staff to bring this matter back for consideration on a future agenda. Council further directed staff to notify the Commissioners and provide them copies of the staff report prior to the meeting. 2. CONSIDERATION OF THE CULTURAL ARTS COMMISSION ANNUAL WORK PLAN FOR FISCAL YEAR 2005/2006. No staff report was given. See Business Item No.1 for direction to staff. PRESENTATION 1. PRESENTATION TO FORMER POLICE CHIEF JOHN HORTON. Mayor Adolph presented Former Police Chief John Horton a plaque expressing the City's appreciation of his service to the City. Current Police Chief Meyer also presented Chief Horton with a framed photo of the members of the Indio Sheriff's Station. 3. CONSIDERATION OF AN ORDINANCE TO AMEND TITLE 9, CHAPTER 9.60 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO HOME OCCUPATIONS. Building & Safety Director Hartung stated this matter will first need to go through the Planning Commission public hearing process if Council is comfortable with the proposed exception. City Council Minutes 6 May 3, 2005 In response to Council Member Perkins, Mr. Hartung stated the issue arose when a home occupation application was filed for the purpose of teaching piano lessons in the home. Upon hearing that it's not a permitted activity, the person referenced other individuals doing the same thing, and letters were sent to them. Staff has since received a number of letters supporting the idea of allowing instructors to provide instruction in the home. He explained the issue has to go through the Planning Commission because the restriction is part of the Zoning Code. In response to Council Member Sniff, Mr. Hartung indicated the allowance of two students was considered reasonable in case some instructors have two pianos available. He noted the exception also allows for academic lessons. City Attorney Jenson advised the amendment may be initiated by the Councilor the Community Development Director, and that the timeframe for the process should be minimal. After a brief discussion, Council concurred to initiate the amendment. MOTION - It was moved by Council Members Henderson/Perkins to initiate the action needed to amend Title 9 of the La Ouinta Charter and Municipal Code, amending Chapter 9.60 relating to Home Occupations. Motion carried unanimously. MINUTE ORDER NO. 2005-42. 4. CONSIDERATION OF SPECIAL GREEN FEE RATES FOR SilverRock RESORT. Public Works Director Jonasson presented the staff report. Council Member Henderson questioned why a resolution is needed to change the rates, and if the decision can be handled as City business. City Manager Genovese indicated the proposed resolution allows that flexibility but staff will be coming back at the end of the year for 2006 rates because these rates are for 2005. He noted the Council generally sets the outlined parameters for the Operator. Council Member Henderson questio"ned why specific dates are included in the resolution, and suggested the decision be left to the discretion of the City Manager and Operator. Mr. Jonasson explained this has been brought forward because the management contract calls for the rates to be set by the Council. ----- ~ City Council Minutes 7 May 3, 2005 Council Member Henderson commented on the commencing date for the rate change has already passed. Mr. Genovese explained the City Manager didn't have the discretion to make the change but he understands the intent is to change the May date to April next year. He confirmed the flexibility she is looking for is in this resolution and will be addressed in a future resolution. In response to Council Member Osborne, Mr. Jonasson explained the discount-rate advertisements will be reviewed by the City Manager before they are sent out. He confirmed the advertisements will be done periodically throughout the summer. In response to Council Member Osborne, Judy Vossler, of Landmark Golf Management, stated they do not have any timing concerns because the advertisements will be discussed with staff well in advance. Council Member Sniff voiced concern about giving big discounts and increasing the level of loss in the revenue stream. Mr. Genovese stated staff relies on the Operator to know how many rounds are being played and to keep the rates competitive. He noted lower rates don't necessarily increase the level of loss if rounds can't be sold at the higher rate, and that the intent is to fill up the golf course. In response to Council Member Sniff, Mr. Jonasson stated discount rates attract golfers to play early or late in the day. Council Member Perkins voiced concern because he sees special rates in the newspaper for other courses but not SilverRock. ,He believes the rates should be at the discretion of the Operator and City staff and not set by Council. Mayor Adolph stated he agrees with giving the Operator latitude in setting special rates, and noted they have to keep the pro shop and food service operating. Council Member Henderson commented on the need for flexibility in the resolution when the rates come back to Council. Council concurred City Council Minutes 8 May 3, 2005 RESOLUTION NO. 2005-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING GOLF COURSE RATE SCHEDULE AS ADOPTED IN RESOLUTION NO. 2004-137. It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2005-033 as submitted. Motion carried unanimously. 5. CONSIDERATION TO AWARD A CONTRACT FOR THE DOWNTOWN PARKING LOT AND LIGHTING IMPROVEMENTS, PROJECT NO. 2003-14. This item was removed from the agenda (see Confirmation of Agenda). 6. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR lANDSCAPE AND LIGHTING DISTRICT 89-1, FOR FISCAL YEAR 2005/2006, AND A RESOLUTION DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND GIVING NOTICE THEREOF. Public Works Director Jonasson presented the staff report. In response to Council Member Osborne, Mr. Jonasson stated the maintenance costs for new improvements are more than the increased revenues each year from new dwelling units. He confirmed the Landscape & Lighting Assessment District (LLD) is close in line with the budget. Council Member Sniff noted the difference will continue to increase until a decision is made to try to make an adjustment. He suggested serious consideration be given to finding out what the public will support, and noted shortfalls of almost $1 million are being taken from the General Fund. Council Member Henderson stated she understood the difference is closer to $600,000. Mr. Jonasson stated part of the shortfall is for park maintenance but noted the purpose of the LLD is for right-of-way maintenance, and that cost is approximately $600,000. He noted adding park maintenance increases the deficit $955,000. ----- -- --...------ - City Council Minutes 9 May 3, .2005 Council Member Henderson stated she feels the park maintenance cost is the price of having City parks and part of being a community. She inquired about initiating an increase through mail ballots. Mr. Jonasson indicated a two-thirds vote is required to change the formula, but confirmed it can be done by mail. Council Member Henderson stated she understood the existing assessment would be nullified if the increase doesn't get enough votes. City Manager Genovese noted one alternative would be to establish a separate assessment district for parks, which would be no risk to the LLD, or it may be possible to have a separate assessment just for the increase. Dena Vasquez, of Muni Financial, advised the existing assessment district is not nullified if a mail ballot for an increase fails. Council Member Henderson stated she feels the Council may want to seriously consider a mail ballot. Mayor Adolph asked about using synthetic turf in medians, and suggested Airport Boulevard as a test area. He noted it might alleviate weed maintenance. Mr. Jonasson indicated most of the medians are dirt, and noted the synthetic material would have to be replaced periodically. RESOLUTION NO. 2005-034 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF lA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2005/2006 IN CONNECTION WITH lA QUINT A lANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-034 as submitted. Motion carried unanimously. RESOLUTION NO. 2005-035 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 lANDSCAPING AND liGHTING IMPROVEMENTS WITHIN THE BOUNDARIES . OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND City Council Minutes 10 May 3, 2005 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/Henderson to adopt Resolution No. 2005-035 as submitted. Motion carried unanimously. STUDY SESSION 1. DISCUSSION REGARDING SECURITY CAMERAS AT CITY FACILITIES. Community Services Director Horvitz presented the staff report. Council Member Perkins voiced concern about the cameras being vandalized, and the photo quality being sufficient to identify the guilty individuals. He noted cameras may be beneficial at the skatepark to make sure the required safety equipment is being worn. Roland Gomez, 11120 Palmyra Avenue, Riverside, of ADT, stated the safety of camera equipment depends on how and where it's mounted, and mounting them 30 feet high would make it difficult for someone to vandalize, including spray painting. As for clarity of the recording, the cameras record in color when there is light and black and white otherwise. He indicated the cameras will pick up facial features from 50-60 feet away. In response to Council Member Henderson, City Attorney Jenson advised a 9th Circuit Federal Court decision has ruled people in a park do not have a reasonable expectation of privacy . There is legislation that prohibits cameras 'from being used in interior areas, such as restrooms, where people do have an expectation of privacy. She doesn't believe notification of the video taping is required but it could serve as a deterrent. Mr. Gomez stated they provide signs to let people know they are being video taped but it's not a requirement. He believes the signs serve as a deterrent. Council Member Henderson stated she feels the cameras will serve as a deterrent for some people. Sergeant Shields, of the Riverside County Sheriff's Department, stated they support the use of cameras, and agree quality is important. Council Member Henderson asked how they use the cameras to assist in apprehending perpetrators. ~.~...__....- ~---- -"-- - ---------._- -.- ._-.- City Council Minutes 11 May 3, 2005 Sergeant Shields stated they usually produce a still photo from the video recording, and if the perpetrator is a student, they show the photo to the School Resource Officers for identification. They also have access to Department of Justice booking photos, and have a good photo enhancement system. In response to Council Member Sniff, Ms. Jenson advised the 1991 court decision is the most current ruling available, and staff has looked at it for code enforcement issues. She confirmed the recordings become public record. Council Member Sniff asked if the recordings are taped over after a period of time, and commented on the difficulty of identifying people from a recording. Mr. Gomez stated the digital recordings can be recorded up to a year if desired, depending on the size of the hard drive. He confirmed the cameras oscillate, and can pick up a license plate across a football f~eld. He noted the recordings seen on television are usually from VHS tapes, and digital recordings are much clearer. In response to Council Member Sniff, Police Chief Meyer stated it is not cost effective for someone to monitor the recordings, and that vandalism usually occurs in early morning hours. He views the camera system as being proactive instead of reactive, and feels they will help serve as a deterrent. He stated the cameras need ambient light to work, indicated the Sheriff's Department uses recordings to help solve crimes. He noted the City of Palm Springs uses a lot of cameras in their downtown area. In response to Council Member Osborne, Ms. Horvitz stated staff recommends starting the program with two locations - the La Ouinta Park, which has the most graffiti problem, and the Fritz Burns Park. Mayor Adolph stated he would support the program if there is a commitment to enforcement, otherwise he doesn't support spending the money. He suggested confiscating bikes that are taken into the skatepark and requiring the youths to bring their parents to the Police Department to retrieve them. He indicated he would like to see some statistical data regarding cameras being a deterrent. Police Chief Meyer stated the officers can issue citations but noted it's the courts that determine the judgment. He feels enforcement is a Ifhit-and- miss" proposition because the level of punishment is sometimes considered worth taking a chance but installation of a camera system, or maybe City Council Minutes 12 May 3, 2005 changing the fencing, is a change in the environment. He noted there are some due-process issues involved with confiscating personal property. As for commitment, he stated they are committed to utilizing the highest level of enforcement action possible, and will use the media to advertise the camera program. In response to Council Member Sniff, Mr. Gomez stated the video recordings can be digitally downloaded and transferred through the internet. In response to Council Member Sniff, Police Chief Meyer stated the program will not require an additional officer. The camera system is based on acts of vandalism being reported, and that particular time period being viewed. Council Member Osborne inquired about the timeline for implementing the program if it's approved. Ms. Horvitz indicated it can be brought back at the next meeting or the first meeting in June, and an RFP process completed in August. Mr. Gomez stated installation typically takes three to four weeks, and confirmed they use existing poles if they are stable. Council Member Henderson suggested using the volunteers at the Policing Station to view the recordings. In response to Council Member Sniff, Police Chief Meyer stated the camera system proposal was initiated by staff. Mr. Genovese stated staff will further research the issue, and come back with the costs. He added it will probably be the end of the year before the process is completed if the program is approved. 2. 'DISCUSSION OF SPHERE OF INFLUENCE FOR lAFCO MUNICIPAL SERVICES REVIEW. Community Development Director Evans presented the staff report. Council Member Sniff asked how many square miles are involved, to which . Mr. Evans responded approximately 15 square miles. In response to Council Member Henderson, Mr. Evans reviewed the overlay maps and areas already annexed into the City. He confirmed the County receives the property tax benefit from the annexed areas, not the City. City Council Minutes 13 May 3, 2005 Mayor Adolph commented on the possibility of doing assessment districts with annexations, and talking to the County about sharing tax revenues. He noted the City is only responsible for police and fire services in the gated communities that have been annexed because they maintain their own streets. He asked if the property owners pay into the Lighting and Landscape Assessment District. Mr. Evans noted the City maintains the public streets, parkways, bikeways, and parks. He stated the area has a Community Services District for supplemental police services and waste disposal, and as part of the case study, staff will be looking at alternatives for municipal financing. Council Member Sniff spoke in favor of moving forward promptly with a broad reach on a sphere of influence that can be tailored back if necessary. He noted the City is running out of land, and there are property owners to the southeast that want to be annexed. He referenced meetings he and Council Member Henderson had with representatives from the City of Coachella, and stated there was an unofficial agreement about extending La Quinta's sphere of influence to at least Jackson Street and south from there. He is somewhat concerned about the 1 5 square miles but noted it can always be modified Council Member Osborne stated he agrees with looking at this as soon as possible but understands an economic study of the challenges involved won't be funded until the upcoming budget. He commented on the challenges, and the need to balance development of the new area with the existing properties to make sure it works for everyone. He noted the case study area is a residential project adjacent to a commercial business that puts out a negative odor. In reference to the size of the sphere of influence, he noted the City of Indio once considered extending their sphere of influence to Washington Street but failed to see the potential there. Mayor Adolph commented on the City's development requirements being stricter than the County's. Council Member Osborne stated he agrees the City is more consistent in its guidelines, and can do a better job dealing with development in those areas. Council Member Henderson stated she feels it's important to see what the County's current zoning is for the Vista Santa Rosa area before the Council can know if the City will do better developing that area. She noted the County has made an effort to satisfy a particular philosophy in that area, and she feels it's important to consider flexibility when discussing philosophy for City Council Minutes 14 May 3, 2005 that area. She understands the County has adopted design guidelines that are significantly different from the City's, and that many of the property owners in Vista Santa Rosa are in agreement with those guidelines. She indicated LAFCO will adopt the MSRs after some corrections are made, and is trying to set up meetings with staff from the three cities to arrive at a recommendation for the sphere of influences. As for extending the City's sphere of influence, she noted it's already 15 square miles to the north. Joe Hammer stated he has 20 acres of neighborhood commercial property at Avenue 49 and Monroe Street that he would like to see annexed into La Ouinta. It's his understanding that La Ouinta would receive revenues from a business development on his property if it's annexed, and he believes a lot of people are interested in La Ouinta extending all the way to Kohl Ranch. Ron Criste, speaking on behalf of the Dan Horn Development, indicated they have 77 acres at Avenue 63 and Jackson Street that they would like to see annexed into La Ouinta. Tom Noi stated he is excited about the opportunity to be in La Ouinta, and is willing to do anything to facilitate the process. He believes there are other people who would like to join in, and is pleased to help if the case study will accelerate the process. Ray Brown spoke in support of having his 60 acres near Avenue 55 and Jackson Street annexed into La Quinta. Council recessed to 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS The Mayor and Council Members presented art awards to the following students of Truman Elementary School whose artwork has been displayed at City Hall: David Blessing Kaagen Carlton Ellen Fain Raymond Guerrero Tai Kotani Broo ks Kris ke --- -----.----~_._-_._..._---_....._... ---- - - ------ _.._- ----- - - -~- ------- -- --..- City Council Minutes 15 May 3, 2005 Alex Lambrose Kimberly Nava Cassie Peters Ashley Rehbehn Jenna Richardson Jessica Rios John Schuknecht Matt Schumaier * * * * * * * * * * * Mayor Adolph presented a proclamation to Mark Miller, representing the Riverside County Department of Mental Health, in recognition of May being Mental Health Month. PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON AN APPEAL FilED BY WASHINGTON 111 l TD, REGARDING GRADING PERMIT CONDITION AND PROCESS OF FINAL MAP. Public Works Director Jonasson advised a Memorandum of Understanding (MOU) has been drafted and distributed to Council but the developer wishes to discuss the timeframe for installing the drainage connection. Staff feels 60 months is an appropriate amount of time to determine the best way to handle the construction. He indicated the developer has estimated the cost at $175,000 but design and prevailing wages will most likely increase that amount. Mayor Adolph stated he understands Champion Motors expects to move in 2006, and asked if the storm drain would be needed if a new development is required to retain its water on-site. Mr. Jonasson stated the new development would probably be required to retain the water on-site or to accommodate the runoff by installing the storm drainage connection. City Attorney Jensen advised the MOU anticipates the storm drain being installed by either the City or a third-party but the language can be modified to clarify that the drainage will not be needed if the water is retained onsite. She explained the purpose of the five-year period was to prevent the City having to incur the expense if a new development takes over the site. In response to Council Member Henderson, Ms. Jensen advised it is difficult to require a developer to reimburse the City for public improvements if the improvements are already completed, and it would probably be subject to legal challenge. The Mayor declared the PUBLIC HEARING OPEN at 7:21 p.m. City Council Minutes 16 May 3, 2005 Jack Tarr, 30-240 Rancho Viejo, San Juan Capistrano, of Washington 111 Ltd., commended Assistant City Engineer Speer for the manner in which he negotiated this matter. He indicated he would defer to the Council's judgment regarding the 60 months. He is also in agreement with modifying the MOU regarding a new development retaining their water onsite but suggested it include all related tributary water. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:23 p.m. Council Member Henderson indicated she is somewhat challenged with the 60 months because a new development could come in at the 59th month, and it could take up to 6 % years to get through the engineering and approval time. Mr. Jonasson stated he expects a new development on the site earlier than that. He stated the plan was to include this as an AD project in the CI P next year. Council Member Henderson stated she would like the engineering for the project to be flshelJ ready" so the project can be done in conjunction with another project requiring Washington Street to be closed. She asked about the status of the Simon Drive traffic signal. Assistant City Engineer Speer stated the traffic signal should be installed before the end of the year but most of the work will be on the west side and there will be minimal impact to traffic. Council Member Henderson stated she would like to add the storm drain as , an AD project to the CI P this year. Council Member Perkins agreed. Council Member Sniff noted the language indicates flwithin" 60 months, so he doesn It see why the project can't be added next year. Council Member Osborne stated he supports the MOU as recommended by staff. Mayor Adolph concurred, and stated his only concern is tearing up the intersection again. ~._-_._.__._--- - City Council Minutes 17 May 3, 2005 MOTION - It was moved by Council Members Henderson/Sniff to approve a Memorandum of Understanding (MOU) between the City of La Ouinta and Washington 111 Ltd. as amended regarding onsite water retention being in lieu of storm drain connection. Motion carried unanimously. MINUTE ORDER NO. 2005-043. Council Member Henderson complimented staff and the developer for resolving this matter. 2. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2005/2006 THROUGH 2009/2010 CAPITAL IMPROVEMENT PROGRAM (CIP) AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). Public Works Director Jonasson presented the staff report. Consultant Nick Nickerson stated the school pedestrian crossings on Miles Avenue and Dune Palms Road are scheduled to be completed once CalTrans approves the plans. He explained CalTrans is providing 90% of the funding for the improvements. In response to Mayor Adolph, Mr. Jonasson stated the potholes on A venue 54 may need to be addressed as an emergency item through the City's street improvement projects. Staff is considering doing a thin overlay now and a white topping in 2006/2007. In response to Council Member Henderson, Mr. Jonasson confirmed the Avenue 158 Pavement Rehabilitation Improvements project is scheduled for FY 2006/2007 but is part of the Operational Budget for Street Maintenance. Mr. Nickerson indicated the Champion Motors storm drain project can be added as AD' Project No. 59 but noted the project numbers do not indicate priority. Council Member Perkins inquired about the status of the Eisenhower Bridge. He also reminded staff to include bike lanes and cigar-nose medians for left- turn pockets whenever possible. Mr. Jonasson stated the contract for the bridge has been awarded to Granite Construction but some unexpected utilities have been identified. that have caused a slight delay in the project. Council Member Osborne complimented the Consultant for doing an outstanding job on the report, and suggested staff consider applying the City Council Minutes 18 May 3, 2005 cigar-nose striping at the Fred Waring Drive and Washington Street intersection. Council Member Sniff stated he supports the CIP, and asked if something can be done about concrete on the west side of Adams Street at Highway 111 that sticks out then recedes back to produce an outside lane. Mr. Jonasson indicated that is part of the first phase of the Highway 111 widening, and will be taken out when the pole is set back towards Target. The timeframe for completion is at least a few more months because the existing pole does not meet CalTrans standards. Council Member Sniff voiced safety concerns about the intersection, and encouraged staff to get the concrete removed as soon as possible. Mayor Adolph voiced appreciation to staff for resolving a problem with Sun Line regarding the bus stop bench at the same location. The Mayor declared the PUBLIC HEARING OPEN at 7:59 p.m. There being 'no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:59 p.m. RESOLUTION NO. 2005-036 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF lA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2005/2006 THROUGH 2009/2010 CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2005-036 as amended with the modifications discussed. Motion carried unanimously. 3. PUBLIC HEARING TO CONSIDER AUTHORIZATION TO CIRCULATE THE AMENDED RELOCATION PLAN AND ANNUAL SURVEY UPDATE FOR THE VISTA DUNES MOBILE HOME PARK FOR A PERIOD OF 30 DAYS - 925 C.C.R. Sec. 6088(e). Redevelopment Consultant Frank Spevacek presented the staff report, and referenced a public comment made by Mr. & Mrs. Frankson in the afternoon session that relates to this issue. -.-----.- --_.._.__.~- City Council Minutes 19 May 3, 2005 In response to Council Mem,ber Henderson, Mr. Spevacek confirmed the amended plan does not reduce any benefits or program characteristics of the previously-approved plan. The Mayor declared the PUBLIC HEARING OPEN at 8:04 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:04 p.m. MOTION - It was moved by Council Members Sniff/Osborne to authorize staff to circulate the Amended Relocation Plan and Annual Survey Update for a 30-day public review and comment period. Motion carried unanimously. MINUTE ORDER NO. 2005-044. 4. PUBLIC HEARING TO CONSIDER A PETITION FOR TENTATIVE CANCEllATION OF A WilliAMSON ACT CONTRACT ON 40 ± ACRES lOCATED ON THE SOUTH SIDE OF AVENUE 52, 1,320 FEET EAST OF MADISON STREET WITHIN THE MADISON CLUB. APPLICANT: EAST OF MADISON, lLC. Community Development Director Evans presented the staff report. Council Member Henderson requested a memo from staff indicating what the County's cost mayor may not have been if the property was under the Williamson Act. She is looking for something she can move forward in the League of California's Revenue and Taxation Committee should some legislative changes be pursued. The Mayor declared the PUBLIC HEARING OPEN at 8:08 p.m. John Gamlin, 80-955 Avenue 52, of East of Madison LLC, indicated the cancellation fee is more of a punitive measure rather than to re-dress tax revenues, and he voiced disappointment that none of the money goes to the City. He indicated they have been working with staff to try to address their entry issues, and believe they have a resolution that will satisfy the City of Indio's concerns. In regard to hydro-seeding the berm, he stated it was done over a month ago but he will check to see if it needs to be done again. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:13 p.m. City Council Minutes 20 May 3, 2005 RESOLUTION NO. 2005-037 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF lA QUINT A, CALIFORNIA, APPROVING A TENTATIVE CANCEllATION OF LAND CONSERVATION (WILLIAMSON ACT) CONTRACT FOR 40 ± ACRES FOR A PORTION OF COACHEllA VAllEY AGRICULTURAL PRESERVE NO. 76 (AGRICULTURAL PRESERVE 2005-002 - EAST OF MADISON llC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-037 as submitted. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson asked the Council to provide names of anyone they feel might be interested in participating in the grand opening of the Campus so she can make sure they are invited. CVAG Human & Community Resources Committee - Council Member Osborne reported the Committee has narrowed its goals to two this year - child obesity and the 211 social services hotline. They have looked at a number of social issues, but decided to let 211 see what is available, and then look at what is needed to help the programs. He stated the Committee's specific goal is to disseminate information, as opposed to trying to solve the problems. He reported the County is doing a study on the homeless issue wherein they expect to solve the problem by finding out why it exists. Chamber of Commerce Workshop/Information Exchange Committee - Council Member Sniff reported the Chamber is continuing to search for a new location, and is looking to the City for a solution. He indicated they referenced other chamber and city arrangements in the Valley, and have proposed a land donation as a possible solution. Sunline Transit Agency - Mayor Adolph reported the taxi cab companies continue to look for a monitoring agency. * * * * * * * * * * * * * All other reports were noted and filed. ------------- -- ------ --- --- City Council Minutes 21 May 3, 2005 DEPARTMENT REPORTS Mayor Adolph referenced the report on septic systems in the Cove, and indicated he is not concerned as long as the number of cesspools are being reduced. MAYOR AND COUNCil MEMBERS' ITEMS 1. DISCUSSION REGARDING THE CITY'S PARTICIPATION WITH THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITOR'S AUTHORITY (CVA). Council Member Sniff suggested a study session to discuss the City's participation in the CV A, and indicated he is troubled with the prominence of Palm Springs in the title. He feels the future of the Valley may be ,in the central to east area, and noted a City of Indio council member has mentioned establishing an east vaHey visitor's authority. He would like information on what the City is paying the CV A, and what it is receiving. He would also like to know of any reasonable options to consider. Council Member Perkins stated he feels the name "Palm Springs" is a draw to people not familiar with the area. Council Member Osborne agreed with scheduling a study session, and stated he would like more information about what is currently going on in the CV A to determine if it's best for La Ouinta. Mayor Adolph stated he has concerns about how much the City pays to CV A and how much it gets in return. He referenced a CV A advertisement in a magazine that included three advertisements for Palm Springs, three for Palm Desert, two for Rancho Mirage, and one for Indian Wells. Council Member Henderson noted the hotels paid for those ads, and it was available to any hotel that wished to participate. Mayor Adolph referenced bed tax information in the Desert Sun, and noted Palm Springs receives nearly three times the bed tax La Guinta receives but pays only half what La Ouinta pays. He noted they receive a "lion's share" of the advertisement, and La Ouinta pays a good portion beyond its percentage share. Council Member Henderson noted she serves as the City's representative on the CV A, and is not an advocate for the agency. She referenced a study session held approximately 10 years ago wherein the La Ouinta Hotel City Council Minutes 22 May 3, 2005 encouraged the City's participation in the CV A and solicited an increase in the Transient Occupancy Tax (TOT) to pay for the dues. She stated the dues are calculated the same for each City but the formula used for large hotels is different from the formula for small hotels, and noted Palm Springs has a lot of small hotels. She indicated she had questions about the City's participation in CV A when she joined the Council, and has always had a problem with Palm Springs being the predominant name in the agency's title. However, nationally and internationally, she noted the name IIPalm Springs" is far better known than any of the other Cities. She feels the name issue will become bigger as the Valley grows because none of the cities will want to fly under the banner of Palm Springs. She feels a periodic review of organizations the City belongs to is justified and good public policy. As for what is currently going on at CV A, she stated most of it has been published in the newspaper but there are some issues she is not yet able to discuss. CV A is looking for an interim executive director, and has hired a firm to conduct a nationwide search for a permanent executive director. They have also hired an attorney to attend their meetings, and their marketing program is doing well. She noted the mission of the CV A is to IIput heads in beds," and convention business Valleywide is generally what they pursue. She has been in contact with representatives of the La Quinta Hotel who have indicated they are very happy and want to stay involved with the CV A. She supports having a study session, and recommends the La Ouinta Hotel be invited to attend that meeting. Mayor Adolph asked if the City has ever been contacted by the new ownership of the La Ouinta Hotel, to which City Manager Genovese responded, IINo." Council concurred to direct staff to schedule a study session to discuss this issue and generally decide whether or not the Council wants to make any change. * * * * * * * * * * * Council Member Osborne commended City Clerk Greek on receiving the 2005 President' s Award for Distinction for Mentoring. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to Closed Session as delineated on Page 1. -----..- -------- City Council Minutes 23 May 3, 2005 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, o --d 4-JJ JUNES. GREEK, City Clerk City of La Quinta, California