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2005 06 21 CC Minutes LA QUINT A CITY COUNCIL MINUTES JUNE 21, 2005 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: ABSENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with the City's real property negotiator, Tim Jonasson, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition of various right-of-way parcels along Highway 111 between La Quinta Drive and Jefferson Street (APNs 649-820-008; 649- 020-013; 649-030-016, -017, -081, -082, -086, -087, and -088). 2. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Council-appointed position - City Attorney. 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. PUBLIC COMMENT Barbara Bowie, of the Riverside County Library System, introduced Irene Wickstrom as the new librarian for the La Quinta library. CONFIRMATION OF AGENDA - Confirmed City Manager Genovese noted staff has requested Business Item No.3 and Public Hearing Item No.2 be continued to July 5, 2005. He also noted revised pages have been distributed for Consent Item No.8. City Council Minutes 2 June 21, 2005 Council Member Osborne requested Consent Item Nos. 4 and 5 be moved to Business Item Nos. 5 and 6. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of June 7, 2005, as submitted. Motion carried with Council Member Henderson ABSTAINING. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 21,2005. 2. TRANSMITTAL OF TREASURER'S REPORT FOR THE PERIOD ENDING APRIL 30, 2005. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT FOR THE PERIOD ENDING APRIL 30, 2005. -- 4. SEE BUSINESS SESSION ITEM NUMBER 5. 5. SEE BUSINESS SESSION ITEM NUMBER 6. 6. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT THE WASHINGTON STREET MEDIAN IMPROVEMENTS, PROJECT NO. 2003-09. 7. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE LA QUINT A SPORTS AND YOUTH ASSOCIATION FOR IMPROVEMENTS FOR THE SPORTS COMPLEX. (RESOLUTION NO. 2005-048) City Council Minutes 3 June 21, 2005 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 33588 - LA GUINTA REDEVELOPMENT AGENCY. (RESOLUTION NO. 2005-049) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 4 and 5 and with Item Nos. 7 and 8 being approved by RESOLUTION NOS. 2005-048 through 2005-049 respectively. Motion carried unanimously. MINUTE ORDER NO. 2005-59. BUSINESS SESSION 1 . CONSIDERATION OF A TITLE SPONSORSHIP AGREEMENT FOR THE SilverRock JIM MURRAY GOLF INVITATIONAL. Assistant City Manager Weiss presented the staff report. City Attorney Jenson stated the attorney for the Jim Murray Foundation has indicated they are fine with the agreement. However, she hasn't had an opportunity to review a list of 17 items that the International Golf Museum group e-mailed to her today. John Peña, P. O. Box 1305, representing the International Golf Museum, suggested a brief continuance to later in the meeting to give the City Attorney an opportunity to review the items. Ms. Jenson stated she believes a lot of the items can probably be handled fairly quickly. Mayor Adolph asked if there was a contingency plan to continue the tournament an additional day if there is rain. Mr. Peña stated they haven't discussed it but can consider it. Council concurred to continue this item after Business Item No.6. 2. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA GUINTA FOR FISCAL YEAR 2005/2006. Finance Director Falconer presented the staff report. City Council Minutes 4 June 21, 2005 In response to Council Member Osborne, Mr. Falconer stated the Investment Advisory Board hasn't made a formal recommendation on the policy but confirmed it's fair to state that they support the amended policy. As for the rate of return, he noted the yield has exceeded the benchmark almost every month for several years but has under-performed over the last year. He pointed out yield is probably the third item on the list that the City Treasurer is responsible for; safety is first, liquidity is second, and yield is third. He indicated the City maintains a very short average maturity, and the investments are turned over faster than if invested in longer term. Council Member Osborne stated he doesn't have a problem with the proposed changes in the policy. Council Member Henderson stated the reference at the top of Page 13 seems out of place but noted it relates to Section 1 9, which she feels is the most significant change to the document. Mr. Falconer confirmed it will become part of the work plan but has to be approved by the Council. He stated he believes the Board will want to proceed in that direction next year. In response to Council Member Perkins, Mr. Falconer stated the investments drawing 10% or more are smaller certificate of deposits, and the City usually deals with much larger investments. Council Member Perkins commended staff and the Board for doing an excellent job. Mayor Adolph indicated he feels it's good to re-evaluate the policy, and has no problem with it. RESOLUTION NO. 2005-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2005/2006. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2005-050 as submitted. Motion carried unanimously. Council Member Henderson expressed appreciation to staff and the Board, noting that Mr. Lewis has served on the Board for a number of years. City Council Minutes 5 June 21, 2005 3. CONSIDERATION OF AN ORDINANCE SETTING THE FEE FOR AN ANNUAL EXTRA LEGAL LOAD HAUL PERMIT. 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 Henderson/Sniff to continue consideration of an ordinance setting the fee for an annual extra legal load haul permit to July 5, 2005 Motion carried unanimously. MINUTE ORDER NO. 2005-60. 4. SECOND READING OF ORDINANCE NO. 418 ORDINANCE NO. 418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING SECTIONS 9.60.110 AND 9.210.060 OF THE MUNICIPAL CODE RELATING TO HOME OCCUPATIONS (ZONING ORDINANCE AMENDMENT 2005-082). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 418 on second reading. Motion carried by the following vote: NOES: ABSTAIN: ABSENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None None None AYES: 5. CONSIDERATION TO APPROVE AN ADVANCE FROM THE GENERAL FUND TO THE SilverRock ENTERPRISES GOLF FUND. (This item was previously Consent Item No.4.) Council Member Osborne referenced an item for SilverRock in the Public Works Department Monthly Report, and noted the total revenue was approximately 32 % of the budget and the number of rounds was about 46%. He asked if the 2005/2006 period of operations is reflective of the shortage in the 2004/2005 period. Finance Director Falconer stated the numbers are based on Landmark's financial statements dated April 30, 2005, and their projections for May and City Council Minutes 6 June 21, 2005 June. The City revenues from golf cards and miscellaneous expenses that the City incurs is also included. The purpose in requesting the $544,238 advance is to avoid a negative cash flow that would require a loan. He noted the 2005/2006 budget projects a loss of $450,000. Council Member Sniff questioned how long a loss can continue before having a very serious situation, and asked when staff anticipates making money. City Manager Genovese stated he would defer to the Operator but noted Council adopted the Operator's budget with extras. Judy Vossler, of Landmark Golf Management, stated it was her understanding that no one thought it would be a money maker in the first years. Mayor Adolph inquired about the liquor license, and Ms. Vossler indicated the application process takes 60 days. MOTION - It was moved by Council Members Osborne/Henderson to approve an advance of $544,238 from the General Fund to the SilverRock Golf Enterprise Fund in the amount of $544,238. Motion carried unanimously. MINUTE ORDER NO. 2005-61. 6. CONSIDERATION OF APPROVAL OF FACILITY USE POLICIES REVISIONS. Community Services Director Horvitz presented the staff report. Council Member Osborne questioned how the facility use fees are determined. Director Horvitz responded the fees were put into place prior to her employment with the City. City Manager Genovese stated staff would have to research that question but he felt the costs are usually based on the cost of maintenance, staff, and perhaps depreciation. Council Member Henderson noted fees are also usually comparable with neighboring cities. Director Horvitz confirmed that the fees are current market rate for a facility of this size. Council Member Osborne questioned if the recommended fees represent an increase in the deposits required. Director Horvitz replied there is an increase in deposits but they are refundable if there is no damage to the facility City Council Minutes 7 June 21, 2005 and/or equipment and the use was kept within the time allotted for the rental. Council Member Osborne questioned who is monitoring to make sure facilities are left clean? Director Horvitz replied staff goes through a checklist and usually the renter has to do some cleaning up and then the City's cleaning company comes in to do the heavy cleaning. Council Member Osborne stated he has heard some concerns about the condition the Senior Center is left in after rentals. Director Horvitz replied the stove is not used for food preparation but the oven is used so the kitchen serves as a warming/catering kitchen. She said the griddle is only used in December for the "Breakfast with Santa" event and is thoroughly cleaned prior to that event. She said no food preparation on the griddle is allowed for rentals and Community Services has recently changed the procedure to have the griddle cleaned twice a year. Council Member Osborne stated he has talked to people who find it difficult to use the Senior Center facility and end up using other places. Director Horvitz responded that the Center receives heavy use and she anticipates the library will receive equally heavy use. Council Member Perkins asked if more help is needed at the Senior Center. Director Horvitz stated they now have a Senior Center Supervisor but are currently down one position. She said she is hoping to resolve this situation soon and be fully staffed again. Council Member Perkins stated he has been told people need to clean the tables before being able to use them and that the kitchen is not being cleaned. Community Services Director Horvitz said there is a nightly janitorial service and they are very responsive when problems are noted. Council Member Henderson questioned if the policy on rentals is for 1 5 calendar days or 15 working days. Ms. Horvitz stated staff wants to change the existing policy to calendar days as there has been some confusion between the two Council Member Henderson questioned the staff report stating the proposal to change to calendar days would allow more time to apply. Director Horvitz stated that should be corrected, there would be less time required to apply, in an attempt to be more accommodating. Council Member Sniff asked if the janitors clean the kitchen on a routine basis. City Council Minutes 8 June 21, 2005 Building and Safety Director, Tom Hartung, said when a complaint is received, his department is notified and staff then follows through with scheduling the janitors to do a special cleaning. Mayor Adolph asked why the June Senior luncheon was cancelled. Council Member Sniff asked if the cancellation was due to lack of participation and if so why? Director Horvitz stated she is evaluating that. Mayor Adolph said $ 75/hour for La Quinta non-profit groups seems a little on the excessive side and wondered if it should be reduced to mirror the $55/hour La Quinta youth organization fee. Director Horvitz said the facility use fee schedule on page 22 of the staff report has not changed any of the previous fees for the Senior Center; it only adds fees for the Library facilities. Mayor Adolph asked if .use of the Senior Center PA system is included in rentals. Director Horvitz stated they haven't allowed the public to use the sound equipment in the past but it has been included here because they have received a lot of requests to use it. MOTION - It was moved by Council Members Osborne/Sniff to approve the Community Services Commission's recommendations for the Facility Use Policies as revised. Motion carried unanimously. MINUTE ORDER NO. 2005-62. 1 . CONSIDERATION OF A TITLE SPONSORSHIP AGREEMENT FOR THE SilverRock JIM MURRAY GOLF INVITATIONAL. (Continued from Page five) City Attorney Jenson went through the issues as follows: the addition of a Force Majeure clause which she felt was a reasonable request to add to the agreement. She suggested providing for an accounting process so in the event. the tournament does not take place, the funds provided for the sponsorship be limited to the amount expended. The request for indemnification by the City was not recommended. The request for payment of legal fees for enforcement of the agreement was acceptable. The request for a condition that the City is not entitled to benefits not expressly stated in the contract, she recommends against it, stating there is a covenant of good faith and fair dealing; she stated a third request to change tournament name, this time to the Jim Murray SilverRock Alumni Challenge is up to the Council; she felt their request for $180,000, is appropriate instead of a sliding scale, with no further reduction. She reported it is requested it be paid in three equal installments with the third installment being paid within two days after City Council Minutes 9 June 21, 2005 the tournament ends; City Attorney Jenson recommended five business days. There was also a request to pay for the rounds after receipt of the third check; however, she suggested deducting the rounds from the third installment. Council Member Osborne asked if the City would write a check to Landmark for the rounds and Ms. Jenson replied there would be an internal accounting so the rounds are credited to the SilverRock enterprise account. The money that would have been paid in the third check would just be automatically deducted and deposited in the SilverRock account by the Finance Director. The City Attorney continued, on Page 7 of the agreement, a provision in Paragraph 6F specifies that the Tournament organizers would be hold a golf clinic and they now are requesting to do a separate one, which they would sell as a fund-raising effort with a separate sponsor. Ms. Jenson felt the City would not object to this but Landmark, as the operator, should be consulted to determine if this causes them any problems; there are several provisions in the previous agreement requiring items be approved by the City Manager or his designee. As to the text of advertising and the like, she recommends not deleting this requirement because it makes sure the City is comfortable with the advertising. The tournament organizers want to drop the provision to provide the title sponsor hotel rooms valued at $14,000. They propose to drop the cost of the title sponsorship down to $175,000 because their contracted room rate with the hotel would only cost them $5,000. Council Member Osborne questioned it being included in the agreement at all. He said he felt it had been deleted. City Attorney Jenson stated it had been discussed but direction was never given to delete that provision. The City Attorney continued with the list of changes stating the tournament organizers also want to reduce the negotiated full-page ad to only one and she recommends keeping both because that is what the material they provided originally stated; they would like the City to approve the marketing materials but not the marketing firm and she felt this is acceptable if Council agrees. Page10, 6Rx, provides for a marketing plan, subject to review and approval by the operator and the City, which their attorney doesn't think is necessary. City Attorney Jenson recommended, given the fact that this proposal was presented as a marketing opportunity for the City, it should be kept in the contract. The promoters want to remove the clause giving the right to approve subcontractors and she agrees the City doesn't need to approve the subs; they want deletion of the accounting requirements and Ms. Jenson agrees this is not necessary, unless the City wishes to verify scholarships; they wish to delay providing proof of insurance not until City Council Minutes 10 June 21, 2005 October 18, 2005. The City Attorney said there is no problem if it is provided before onsite activity takes place but a risk is involved if they can't get the insurance because the City would have already paid two payments, she felt this is acceptable if the Council is willing to take that risk. Ms. Jenson stated the tournament's Attorney Mindy Kessler did not understand the reason for asking that the city be named additional insured for automobile insurance. She was under the impression that the City was asking for insurance to cover City officials as drivers. Upon requests from Council Members Henderson and Sniff, City Attorney Jenson read written comments made by Attorney Kessler as follows: "the entire section is a joke and is outrageous, it requires the non-profit to insure every City official, employee, etc., at least two of whom are probably not insurable!" The City Attorney stated she can finalize the agreement as she outlined, if Council wishes to give her that direction. Mr. John Peña stated he can agree with the City Attorney's comments and so would Mrs. Murray's attorney. He asked that the figure $180,000 not be reduced to $175,000 with the understanding that the hotel rooms would be provided if asked for. Council Member Osborne agreed the figure should be left at $180,000 and if the City wants hotel rooms it can let the tournament committee know. Mr. Peña stated there was some confusion with the sliding scale and he prefers the sponsorship remain at $180,000. MOTION - It was moved by Council Members Sniff/Osborne to approve the contract agreement as outlined by the City Attorney in the amount of $180,000 with no sliding scale. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO. 2005-63. STUDY SESSION 1. DISCUSSION REGARDING PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY - JOINT POWERS AGREEMENT. Assistant City Manager Weiss presented the staff report regarding the withdrawal process for member agencies to the Palm Springs Desert Resorts Convention and Visitors Authority (CV A) as directed by the City Council on June 7, 2005. City Council Minutes 11 June 21, 2005 Council Member Sniff reiterated his previous recommendations that the City of La Quinta: 1) Do nothing; 2) secure changes in the current CV A where possible; 3) withdraw and form a new CV A with other cities; and 4) withdraw and spend the funds directly to promote La Quinta hotels, SilverRock etc. At present he said he recommends that La Quinta deal with item number two that deals with securing changes in the current CV A and in general: 1) Put the . CV A on notice that La Quinta has not been satisfied with their performance and would like to see them move forward with their problem solving; 2) that the CV A provide the cities with disclosure as to their finances, what the personnel work requirements are and the pertinent information; 3) for the Joint Powers Authority (JPA) to show the City how it has directly benefited from the CV A over the past years; 4) the CV A make an effort to change the title to include something for all the cities; 5) indicate to other cities that it is La Quinta's firm desire to see positive changes - they need to understand that the meaningful changes need to be done promptly; 6) schedule on the City's first meeting in November, 2005 to discuss what changes have taken place; 7) with the potential for action if the City wants to withdraw, give the required 13-months notice. Mayor Adolph asked Council Member Henderson, the City's representation to the CV A for an update. Council Member Henderson shared the CV A agenda from this morning's board meeting. She said Council Member Sniff's comments were very timely and shared by many. She pointed out the agenda shows questions submitted and everyone had an opportunity to speak to every issue. She reported on Item E - CV A Re-organization stating: 1) Palm Desert and Rancho Mirage are in support of the CV A. 2) Indio has supported it with a qualified six-month status report that indicates improvement. 3) Desert Hot Springs supports with the same six-month proviso, and 4) she recommends La Quinta protect its calendar as well. 5) Palm Springs supported the CV A, most of the audience were representing Palm Springs hotels. 6) The La Quinta Resort representative was out of town. 7) Cathedral City and Indian Wells are in support, with improvement. 8) She reported she has indicated La Quinta supports with caution and expectation for reports coming back showing how issues will be addressed. She told them it was on our agenda at this meeting for consideration. She and the City Manager had to leave at the point of the Audit update, and more than half of the audit items have been addressed. She requested that Judy Vossler, also a member of the CV A Board, report about the budget. City Council Minutes 12 June 21, 2005 Ms. Vossler said the question of whether the CV A budget is a balanced one wasn't answered to everyone's satisfaction. She said they will be sending out additional information. Council Member Henderson said the CV A Board determined they can't spend a great deal of time making changes to the budget and address all of the other issues and recommended a committee be appointed to deal with it. Judy Vossler explained she has the only non-voting seat on the Board. She chairs the Hospitality and Industry Business Council and she does sit in their closed sessions. She said she wanted to state for the record that Council Member Henderson does a fabulous job representing the City. She said they made some decisions during today's meeting regarding various timelines. An Ad Hoc committee was appointed with a 60-day timeline to go through the reorganization process with each city by Dec 1st. Council Member Henderson stated the structure requires ratification by each city and that will take some time. Ms. Vossler stated the initial steps are to be completed'in 60 days. She said the appointees have already set their first meeting and the Interim General Manager will serve on the committee as an advisory member only. She reported the CV A will also be looking for new CEO at the same time. Council Member Osborne asked if anyone with financial background has been appointed to the Ad Hoc Committee. Ms. Vossler indicated she understands the City Managers (T AC) will be involved along with their Finance Directors. She said there are also hotel "numbers people" whose tracking sales and marketing numbers skills will be used for the accounting side of the reorganization. Council Member Sniff reiterated he feels it is vital to have full disclosure by the first meeting in November to allow the members to make proper decisions. Council Member Henderson agreed with scheduling this matter for the first meeting in November. She said the recommendations won't be ratified by all of the member cities but they should at least be available for consideration. She also stated she would like to provide the Ad Hoc Committee with a copy of Council Member Sniff's list. .~ '.\ '- City Council Minutes 13 June 21, 2005 REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson reported the actual operations of the new Campus are scheduled for the end of July. She said the Council Members will be invited to attend some events and she will provide dates to choose from. Mayor Adolph questioned if the City of Indio is still not participating in the valley- wide facility. Council Member Henderson stated they still have to work something out with the County. C. V. Mosquito & Vector Control District - Council Member Perkins reported two unconfirmed reports about West Nile Virus mosquito detection in La Quinta. Chamber of Commerce Workshop/Information Exchange Committee - Mayor Pro T em Sniff reported the Chamber's primary concern expressed at the meeting was where they might be able to move the offices. League of California Cities - Council Member Henderson stated the Riverside Division has been concentrating on updates from Sacramento on budget issues San Jacinto/Santa Rosa National Monument Advisory Committee - Council Member Henderson reported on the new restrictions within the National Monument and stated hang-gliders are not happy with the proposal and are requesting changes. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 1-B. REPORT OF MEETING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING HORIZON/ALTERNATIVE EDUCATION CENTER LOCATED NEAR DARBY ROAD. City Manager Genovese reported he met with the school district regarding elevation problems adjacent to the Bella Vista Community and said basically the city can't impose compatibility requirements on the school district. He said Council Members Osborne and Sniff were appointed to the committee City Council Minutes 14 June 21, 2005 but Council Member Osborne didn't participate because of the close proximity of his home to the site. He advised that the schools will be on both the east and west side of the road. He also advised that after meeting with the District the City received correspondence, (page 13 of the Staff Report), and the most compelling comments are on page 14. Mayor Pro Tem Sniff noted the city and the school district are separate entities and it is not up to the city to decide landscaping issues. He said La Quinta has no history in providing funds for school district capital projects and felt it is not the City's direct responsibility to fund or share in the funding of the project. City Manager Genovese commented the City and District have done joint use projects but not to resolve compatibility issues. Mayor Adolph asked if the District had agreements to provide a wall. City Manager Genovese responded that the City doesn't review school district projects. City Attorney Jenson explained the school district is state entity and thereby is not subject to review and approval. She advised the City only reviews and comments on the environmental documents and doesn't have jurisdiction over School District building projects. She stated one public entity can't tell another one what to do, which means La Quinta has no design control. She advised she understands the district intends to ultimately ask the City to take responsibility for Palm Royale Drive. Mayor Adolph asked if they are required to follow the City's construction codes. City Attorney Jenson commented the State of California establishes code requirements for school buildings, for safety reasons, and they are not subject to local codes. Mayor Adolph asked if the district is trying to be a good neighbor. Mayor Pro Tern Sniff responded they are aware of their state agency status and simply asked the City's opinion on their fencing and landscaping plans. He stated the City representatives voiced comments and the District tailored two options that involved funding from the City but were informed it was the District's financial responsibility. He noted that while it was pointed out the City doesn't have the power to tell them what to install, they did urge the District to show sensitivity to the problems this creates for the neighboring residents. In response to the Mayor, Public Works Director Tim Jonasson reported the school district distributed a CEQA document that didn't include grade City Council Minutes 15 June 21, 2005 elevations so it would have been very difficult for City staff to comment on noise considerations. He explained all the district was asking for is an encroachment permit and may later be asking for dedication of the street. Mayor Adolph asked if the City can require walls as part of the Palm Royale Drive dedication. City Attorney Jenson said it might be appropriate, at that time, to say the City will not accept the roadway if it doesn't meet our standards, such as add mitigation measures. She cautioned, however, if the road goes beyond the school property there may be other implications should the City not accept it. Council Member Henderson asked if the City can put a traffic signal where Palm Royale Drive comes out on Fred Waring if it doesn't accept the road. Director of Public Works/City Engineer Jonasson said the City can still control the intersection to insure safety. In response to Council Member Henderson, he stated he believes the building meets the City's setback requirements. Ian Rhodes, 43-905 Milan Court, thanked Mayor Adolph for getting rid of the debris behind his home but stated there are piles of dead weeds still there. He stated the map for his property was done in 1995 and he is curious about why the height two feet behind his wall is only two feet lower. He said he doesn't understand why the developer was allowed to build the homes. He also stated he didn't receive a disclosure of any kind about the elevation discrepancy when he purchased his home. He suggested the road be moved over about 20 feet or lowered but he doesn't feel secure being able to see the wheels of a vehicle go by as he sits on his patio. Scott Arthur, 43-845 Milan Court, stated the area in question is not near the school buildings, it is only the road that gets people to the schools that is creating the noise, drainage and sight problems. He stated he doesn't understand why the elevation was allowed in the beginning. He said the land elevation has been changed by the grading of the project that affects their property. He felt the School District's options create other problems such as double walls. He said the property owners have asked for a wall next to the road and were told the School District's engineer would get back to them but that hasn't happened. He said he believes the school district looks only at the cheapest solution but since they took something away they should have to give something back to remedy the problem. He suggested either put up a new wall or lower the grade and leave their wall alone. He City Council Minutes 16 June 21, 2005 also reported that some residents have expressed concern about traffic problems with a traffic signal at Fred Waring and only a stop sign at Rome. He questioned what happens when through traffic is heavy enough to block the exit from Rome Drive. He felt the majority of property owners prefer a wall be built next to Palm Royale Drive. Scott Gorges, 43-815 Milan Court, stated the original parcel map had an offer of dedication. He thinks putting a wall in the right-of-way would block headlights from Palm Royale Drive but a double wall is not a good solution. He believes it is also most cost effective to put a wall next to the roadway. Council Member Henderson asked if it would be appropriate to have the City Attorney share the Council's feelings with the school district. She would like the City to have an opportunity to tell the School District whether the Council would look favorably on accepting the road may depend on the wall issue. Council Member Perkins agreed and felt a strong letter to that effect should be sent. A discussion ensued regarding the advisability of sending a letter versus asking to meet with the District for a second time on this issue. It was agreed by consensus that the City Manager will request a meeting with Mr. Arthur of the School District. Council Member Sniff asked the other members of the City Council to provide him with written comments to have at that meeting. MAYOR AND COUNCIL MEMBERS' ITEMS - None Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS City Council Minutes 17 June 21, 2005 1 . PUBLIC HEARING ON WEED ABATEMENT/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON 2005/2006 PROPERTY TAX ROLLS. Building & Safety Director Hartung presented the staff report and advised that the properties have all been cleaned and the parcels owned by Mosely and Redstar were paid in full after the preparation of the agenda and should therefore be stricken from the resolution. Note: Due to a ministerial change the parcel owned by Mr. West was also removed from the Resolution. Payment in full was received prior to the final vote of the City Council. The Mayor declared the PUBLIC HEARING OPEN at 7:02 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:02 p.m. RESOLUTION NO. 2005-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2005-051 as submitted. Motion carried unanimous. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE TO 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005- 544; 2) CHANGE THE GENERAL PLAN LAND USE (GPA 2005-104) AND ZONING DESIGNATION (ZC 2004-124) FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; AND 4) APPROVE AN 80-UNIT MUL TI- FAMILY RESIDENTIAL PROJECT (SDP 2005-826) FOR PROPERTY LOCATED ON THE WEST SIDE OF ADAMS STREET AND ON THE NORTH SIDE OF MILES AVENUE. CITY OF LA QUINT A REDEVELOPMENT AGENCY. Community Development Director Evans presented the staff report recommending that the hearing be opened and continued to allow time for direct notice to be delivered to all of the tenants and residents of the Vista Dunes Mobile Home Park. He advised the notice was delivered as required on January 20, 2005 and therefore asked that the City Council continue this matter to the meeting of July 5, 2005. The Mayor declared the PUBLIC HEARING OPEN at 7:05 p.m. City Council Minutes 18 June 21, 2005 MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for EA 2005-544, GPA 2005-104, ZC 2004-124, and SDP 2005-826 for the City of La Quinta Redevelopment Agency to July 5, 2005. Motion carried unanimously. MINUTE ORDER NO. 2005-64. 3. PUBLIC HEARING TO CONSIDER APPROVAL OF THE FINAL AMENDED RELOCATION PLAN AND ANNUAL UPDATE FOR THE VISTA DUNES MOBILE HOME PARK (25 C.C.R. SECTION 6J038(e». Consultant John McMillan of the Rosenow, Spevacek Group (RSG) presented the staff report. He advised that in cooperation with Overland Pacific and Cutler, they have relocated 78 of the households. Six (6) households have settlements but have not been relocated due to close of escrows on new purchases. Eight (8) of the households still have not found suitable housing. He advised that relocations that take over one year require annual updates per state law. On May 3, 2005, the annual plan and survey were presented to the City Council who approved circulation of that plan and survey for public review and comment. Comment has been received from CRLA on behalf of Jose de la Pena, Brenda Diehl, and CRLA. The agency's legal council, Overland Pacific and Cutler and RSG have responded to those comments. He recommended that the City Council approve the amended relocation plan and annual survey update. Community Development Director Evans reiterated the recommendation on behalf of the City staff and outlined all of the steps that have been taken to comply with the statutes for relocations of this kind. He felt the City has met and in many cases exceeded the requirements to find and advise the remaining residents of suitable housing alternatives. The Mayor declared the PUBLIC HEARING OPEN at 7:11 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:12 p.m. MOTION - It was moved by Council Members Sniff/Henderson to approve the Amended Relocation Plan and Annual Survey Update for the Vista Dunes Mobile Home Park relocation activities. The motion was unanimously carried. MINUTE ORDER NO. 2005-65. Mayor Adolph returned to the unfinished Reports and Information portion of the agenda. City Council Minutes 19 June 21, 2005 REPORTS AND INFORMATIONAL ITEMS City Attorney Kathy Jenson reported that she received word during the Dinner Recess that Judge Miller has sustained the City's demurer on virtually all counts, several without leave to amend. He has not ruled in the City's favor on the dismissal of the individual defendants. She will continue to request that dismissal via a summary judgment be granted and was gratified to report that the law suit was substantially reduced in scope. She said she will place this on a future agenda for a more substantive report. MAYOR'S AND COUNCIL MEMBERS' ITEMS Council Member Osborne stated he had requested the matter of forming an Audit Committee and SilverRock Operations Committee be brought back for discussion and since he will be away for the July 5, 2005 meeting, he asked that these considerations come back at the July 19, 2005 meeting. Mayor Adolph reported he had notified the Quarry of the Council's decision during the Capital Improvement Plan discussions on Avenue 58 and the property manager stated he would notify the residents. Secondly, he thanked the City Manager and Public Works Director for their prompt action in getting corrections to the irrigation in some of the medians and also the installation of new plants. ADJOURNMENT The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Respectfully submitted, ~~~ JUNE S. GREEK, City Clerk City of La Quinta, California