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2005 10 04 CC Minutes LA QUINT A CITY COUNCIL MINUTES OCTOBER 4, 2005 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Osborne, Sniff, Mayor Adolph Council Member Perkins MOTION - It was moved by Council Members Sniff/Henderson to excuse Council Member Perkins. Mayor Adolph commented it has been three months since Council Member Perkins has attended a Council meeting due to illness, and stated he would vote to excuse him this time but feels it's time to find out if Mr. Perkins will be able to return to the City Council. He expressed concern about how long the Council can continue with only four members. Council Member Sniff stated he agrees it's a good idea to find out the prognosis, and suggested putting the issue on the next agenda for discussion. He indicated he has served on the Council in the past for six months with only three members. Council Member Henderson remarked that she has reported on Mr. Perkins' condition a few times but doesn't see anything wrong with getting an official communication from him. She understands he is feeling stronger, and wants to return to the City Council. Council Member Osborne stated Mr. Perkins has indicated to him that he is looking to come back in November but he agrees with having something on the record from Mr. Perkins. City Attorney Jenson noted the Council has the option at each meeting of whether or not to excuse Mr. Perkins, and if he is not excused, after 60 days his position on the Council would be automatically terminated. Mayor Adolph requested the City Manager send a letter to Mr. Perkins to find out if he is going to be able to return to the City Council. Motion carried unanimously. City Council Minutes 2 October 4, 2005 PLEDGE OF ALLlEGANCE Mayor Adolph led the audience in the pledge of allegiance. CLOSED SESSION - None PUBLIC COMMENT Michelle Germyn, 43-610 Milan Court, indicated she wished to speak regarding the School District project on Palm Royale Drive. Council Member Osborne stated he has a potential conflict of interest due to the close proximity of his property to this site and left the dais. Ms. Germyn indicated the grading at the project has resulted in a brick wall behind three houses falling down, and stated she is the caretaker for one of the houses. She stated the contractor, Granite Construction, left notes on the doors but some of the property owners are away. She questioned if the contractor is allowed to reconstruct the wall without contacting the property owners. She indicated a spa at one of the houses was also damaged. Mayor Adolph explained the City doesn't have any jurisdiction over the school project but staff will contact the School District regarding this issue. City Attorney Jenson noted this is a civil matter between the School District and Granite Construction, and recommended the residents contact them. In response to Council Member Henderson, Ms. Jenson confirmed the City could require the property owners' signatures before issuing permits on reconstruction of the wall. * * * * * * * * * * * Michael Livingston, 80-065 Vista Grande, spoke regarding the issue of the emergency exit gate at the La Quinta Springs Apartments brought up during public comment at the last City Council meeting. He indicated no improvement has been made in the situation, and distributed pictures showing the temporary gate has already been removed, and the remains from a party held in the street. He indicated the area has become overflow parking for the apartments, and the residents need to know if the City is going to do something to protect them. City Council Minutes 3 October 4, 2005 Mayor Adolph stated staff is researching the matter to see how the City can legally address the issue since the apartments are in the City of Indio. City Manager Genovese stated staff is trying to find out what the City of Indio plans to do with the access. As for the street activities, he indicated the La Guinta Police Department will be monitoring the area. City Attorney Jenson advised she has received a copy of a document indicating the City of Indio has agreed to install an electric gate at the Vista Grande access in exchange for street frontage for the street widening project. Staff is looking at turn movements from the apartments to see if it was affected by the street widening. Although her copy of the document is unsigned, she understands from the City of Indio that this is a done deal. She is also looking into why the emergency exit was originally required. Mayor Adolph questioned how the City of Indio and the apartments can make an agreement without La Guinta since it affects streets in La Guinta. Ms. Jenson noted the City of Indio may need an encroachment permit from La Guinta to change the access, and that hasn't been done. Lori Fahwestok, 80-065 Vista Grande, commented on broken glass in the street and removal of the temporary gate, and voiced concern about her car being followed when she leaves the area. She also voiced concern that children in the area could be hit by vehicles. Ira Boiko, 44-750 Seeley Drive, stated he feels the residents are getting the "run around" from the City of Indio, and that he understands a chain link gate will be put up until a permanent gate with remote access is installed. In response to Council Member Osborne, Ms. Jenson stated La Guinta could require a traffic study if an encroachment permit is required. CONFIRMATION OF AGENDA Council Member Osborne requested Consent Item No.6 be moved to Business Item No.2. MOTION - It was moved by Council Members Sniff/Osborne to move Consent Item No. 6 to Business Item No.2. Motion carried with Council Member Perkins ABSENT. City Council Minutes 4 October 4, 2005 ANNOUNCEMENTS - None PRESENTATIONS Sandy Beakey, representing Windermere Realty and Chicago Title, presented checks to the City for the Annual Tiny Tot Halloween Carnival. * * * * * * * * * * Mayor Adolph presented a proclamation to Battalion Chief Dorian Cooley in honor of Fire Prevention Week. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of September 20, 2005, as submitted. Motion carried with Council Member Perkins ABSENT. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 4, 2005. 2. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE INTERACTIVE WATER FEATURE, PROJECT NO. 2000-11A. 3. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM WINDERMERE REAL ESTATE AND CHICAGO TITLE FOR THE ANNUAL TINY TOT HALLOWEEN CARNIVAL. (RESOLUTION NO. 2005-073) 4. ADOPTION OF A RESOLUTION IN RECOGNITION AND SUPPORT OF CALIFORNIA ARTS DAY, OCTOBER 7, 2005. (RESOLUTION NO. 2005-074) 5. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY HALL EXPANSION, PROJECT NO. 2002-01. City Council Minutes 5 October 4, 2005 6. SEE BUSINESS ITEM NO.2. 7 . APPROVAL OF A LEASE EXTENSION FOR AN ADDITIONAL FIVE YEARS BY AND BETWEEN THE LA QUINT A REDEVELOPMENT AGENCY, A PUBLIC BODY CORPORATION AND POLITIC, AND THE CITY OF LA QUINT A, A MUNICIPAL CORPORATION, WHICH WOULD RESULT IN THE AUTOMATIC EXTENSION OF A SUBLEASE BY AND BETWEEN THE CITY OF LA QUINT A AND THE UNITED STATES POSTAL SERVICE FOR THE SUM OF $1.00 PER YEAR. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No.6 and with Item Nos. 3 and 4 being approved by RESOLUTION NOS. 2005-073 through 2005-074 respectively. Council Member Henderson spoke regarding Item No.4, and suggested future additions to the Artist Acknowledgment Area be done on California Arts Day. Council concurred Motion carried with Council Member Perkins ABSENT. BUSINESS SESSION 1 . CONSIDERATION OF A LAFCO RECOMMENDATION REGARDING AN UPDATE ON THE SPHERE OF INFLUENCE PROCESS AND THE CITY. Community Development Director Evans presented the staff report, and gave a brief overview of Options 1 and 2 for the City's sphere of influence. He indicated staff has been notified that the sphere of influence issue will not be on LAFCO's October meeting agenda. In response to Council Member Osborne, Mr. Evans stated staff has not discussed Option 2 with LAFCO, however, they are aware a majority of the large property owners want to be in La Guinta's sphere of influence. Council Member Henderson noted the City is looking to secure a reasonable sphere of influence, and not jumping on annexations. She stated she expects the sphere of influence issue will be on the December 8th LAFCO agenda. City Council Minutes 6 October 4, 2005 Council Member Sniff stated he supports moving forward promptly and decisively with Option 2. He feels it is the City's manifest destiny to move eastward. Council Member Osborne spoke in support of Option 2, indicating he feels it's the best option with the least impact on the Vista Santa Rosa area. Mayor Adolph noted this was initiated by property owners to the southeast and not the City. Charles Rechlin, 82:-480 Avenue 54, Vista Santa Rosa, stated he supports his property being included in La Guinta's sphere of influence, and indicated he had hoped the County General Plan would be the guide for the area but doubts that they will fulfill it. He also supports large lot development and favors Options 1 or 2. Kay Wolff, 77-227 Calle Ensenada, commented on the financial implications should the sphere of influence change result in annexations. She doesn't feel the City's boundaries should be expanded until the needs of the current residents have been met, and assessments are no longer required. She doesn't believe it's the City's manifest destiny to move eastward, and encouraged Council to consider the financial aspect of doing it. Mayor Adolph stated he has told property owners wishing to be annexed into La Guinta that the City will not subsidize their needs, and he feels they understand that. Albert Keck, 83-555 Airport Boulevard, voiced concern about the Vista Santa Rosa area being split. He feels it would negatively impact the feel of the community, and encouraged the City to be aggressive in including the entire area as part of La Guinta's sphere of influence. In response to Council Member Henderson, he indicated the County has a community development overlay that allows certain densities to be developed but no formal zoning. In response to Council Member Osborne, Ms. Jenson stated it's her understanding that LAFCO can modify the sphere of influence without the City's consent. Council Member Henderson pointed out the purpose of the MSRs was to come to a conclusion for reasonable boundaries, and that the City can submit its recommendation on what it feels the boundaries should be. Vincent Barbato, 73-011 Country Club Drive, Palm Desert, spoke in support of Options 2 or 3, which includes his property. He noted surveys show over City Council Minutes 7 October 4, 2005 90% of the property owners prefer being in La Quinta's sphere of influence if there is going to be a change. He added he supports any annexation area paying for itself. Dan Horn, P. O. Box 3958, Palm Desert, stated he owns 80 acres at the northwest corner of Jackson Street and Avenue 53, and supports being in La Guinta's sphere of influence. Joe Hammer, P.O. Box 278 Palm Desert, stated he feels it's time for La Guinta to be aggressive and move eastward, possibly to Kohl Ranch. He referenced the need for commercial services in the area, and noted his commercial property won't cost the City anything. He indicated he also feels the City would be a great help to the Torres-Martinez Reservation in planning development of that area. Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa, complimented the City on its multi-purpose trail system, and stated she would like to see it continue into the Vista Santa Rosa area. She commented on the County's plan for Vista Santa Rosa not coming to fruition as the residents living there had hoped, and the financial feasibility of creating an equestrian community of one or more acre parcels as Merv Griffin is doing on his property. She suggested the City consider the concept of gentleman ranches and pursuing the area east of Monroe Street as part of La Guinta's sphere of influence. She voiced concern about the lack of plans to improve traffic issues and infrastructure in the immediate future, and the desire by developers to build large housing projects in the area. She asked the City to consider specific zoning ordinances, restricted density, and land-use policies, and suggested creating more open space instead of walled developments. She requested Council consider the wishes of the property owners living in the area more than the developers interested only in making money. Raymond Brown indicated he owns 60 acres near Avenue 56 and Jackson Street, and supports being in La Guinta's sphere of influence. Council Member Sniff stated he supports directing staff to begin implementation of Option 2. He stated he believes the Vista Santa Rosa lifestyle should be protected, and doesn't see any need for the City to impact the area adversely. Council Member Henderson stated she feels it's important to consider the City of Coachella's desire to have the school and cemetery within their sphere of influence. She referenced previous discussions with Coachella wherein Jackson Street was considered a reasonable expectation for potential growth, and felt that included just south of Airport Boulevard. City Council Minutes 8 October 4, 2005 However, they have increased their sphere of influence request substantially. She feels Council should give staff direction during the next 30 days as to what the City's position may be on going east of Jackson Street, and indicated she would support sending a letter to LAFCO requesting the City's sphere of influence as shown in Option 2 with original Planning Areas 1 and 2. Council Member Osborne reiterated his concern about splitting Vista Santa Rosa but stated he would support Option 2 otherwise. Mayor Adolph stated he would not object to letting Coach ell a keep the school and cemetery in their sphere of influence but if there are property owners in the area that want to come into La Guinta, he feels the City should work with them to give them what they want. He believes the City is diversified, and that there is a place for gentleman ranches. He spoke in support of low density and open space, and agreed it's time to move forward. He believes the City should consider the desire of property owners who want to come into La Guinta but feels an assessment district has to be considered when dealing with development. Council Member Sniff suggested if the Vista Santa Rosa residents want to be in La Guinta's sphere of influence, they express that at their next meeting. MOTION - It was moved by Council Members Sniff/Osborne to direct staff to move forward in implementing Option 2 and to submit it to LAFCO. Council Member Osborne asked if the motion includes the potential increase of the entire Vista Santa Rosa if directed by LAFCO. Council Member Henderson asked if it includes eliminating the northeast corner of Avenue 52 and Jackson Street where the cemetery and school are located, to which Council Member Sniff responded, "Yes." Motion carried with Council Member Perkins ABSENT. Council Member Sniff commented on the possibility of moving toward the Kohl Ranch area in the future. Council Member Henderson referenced a newspaper article about developers working with the County to create a new city in the east part of Riverside County called Shavers Valley. She noted the article indicates the development could seriously impact the Multi-Species Habitat Plan (MSHP). City Council Minutes 9 October 4, 2005 In response to Council Member Henderson, Mr. Evans stated the MSHP boundaries are the same as the CV AG boundaries. Council Member Henderson then referenced the Northstar golf project north of Interstate 10, and noted that project may also affect the MSHP. 2. CONSIDERATION OF APPROVAL OF AN ADVANCE FROM THE GENERAL FUND TO THE SilverRock GOLF ENTERPRISES FUND. Finance Director Falconer presented the staff report. In response to Council Member Osborne, Mr. Falconer stated the advance amount replaces the estimated amount authorized in June 2005. He clarified the actual loss, from an accrual basis, is $785,455. In response to Council Member Sniff, Mr. Falconer confirmed the golf course are depreciated over a 30-year period. Government Accounting Standards do not allow depreciation lines. buildings on He stated of the pipe MOTION - It was moved by Council Members Henderson/Osborne to approve an advance of $305,658 from the General Fund· to the SilverRock Golf Enterprise Fund to cover operations for FY 2004/2005. Motion carried with Council Member Perkins ABSENT. Council recessed to the Redevelopment Agency. Council reconvened. STUDY SESSION 1. DISCUSSION REGARDING RELINQUISHMENT OF HIGHWAY 111. Public Works Director Jonasson presented the staff report. In response to Council Member Henderson, Mr. Jonasson stated CalTrans maintains the highway by handling any malfunctioning of the traffic signals. Assistant City Engineer Speer confirmed CalTrans also handles any overlay of the street. City Council Minutes 10 October 4, 2005 Council Member Henderson inquired about the difference in square footage between the section of Highway 111 in La Guinta and the section in the City of Indian Wells. Mr. Speer stated he believes the section in the City of Indian Wells is less square footage than the section in La Guinta because the highway widens east of Point Happy. Council Member Henderson questioned the disparity between the amounts offered to the two cities, and spoke in support of negotiating for a more equitable payment to La Guinta. She also noted the amount offered by CalTrans for installation of a rock fall revetment may change if the projection was made prior to the maintenance work they did a few years ago. She indicated she supports taking over Highway 111 in the City of La Guinta but also negotiating with CalTrans for additional funds, taking into mind the square footage and the complexity of the preventative repair that has to be done. Council Member Sniff questioned the right-of-way width in La Guinta being greater than that in the City of Indian Wells. He expressed concern about maintaining consistency along the highway, and asked if the street name would change if the highway is completely taken over by the cities. He also referenced the need to determine real costs for the rock slide area to make it as safe as possible. Consultant Nick Nickerson noted the street has become Business Route 111 in other cities that have already taken control of their part of the highway. Council Member Sniff stated he supports discussing the matter further and trying to get additional funding. In response to Council Member Osborne, Mr. Speer confirmed the original cost estimate for the rock fall area would need to be updated because CalTrans has done some of the work. He noted the original study was done by the City, and staff recommends keeping the same plan. He stated staff can inform CalTrans that the City doesn't believe the proposal is in parity. Council Member Osborne stated he supports moving forward with this. Mayor Adolph concurred. Mr. Jonasson indicated staff will work with CalTrans on a more equitable settlement. City Council Minutes 11 October 4, 2005 REPORTS AND INFORMA TIONAllTEMS CV AG Human & Community Resources Committee - Council Member Osborne indicated 211 is in operation, and reported the Committee is continuing its work on child obesity. CV AG Executive Committee - Mayor Adolph reported the Executive Committee unanimously approved going forward with the Conservation Commission JPA with almost all of the recommendations made by La Guinta. He noted it will now go to the cities and other agencies for formal approval. Council Member Sniff noted amendments to the MSHP law could affect the JPA. Jacqueline Cochran Regional Airport Authority - Council Member Osborne reported the air show will be held November 5th, and that the Authority is planning to increase its annual membership to $20,000 to cover the air show. He noted the amount would be returned to $10,000 if or when an air show is not held. Council Member Henderson pointed out the increase will need to go back to the cities for ratification. She feels financial participation in the air show should remain voluntary and not be automatically included in the membership fee. Council Member Osborne noted the annual air show budget is approximately $100,000, with the bulk of the cost being paid by the County. League of California Cities - Council Member Henderson distributed copies of a letter sent to voting delegates asking them to support the League's neutral position on Proposition 76. Palm Springs Desert Resorts Convention & Visitors Authority - Council Member Henderson reported Jeff Becklmen will begin working as the new executive director November 1 st. There was a brief discussion about the salary and benefits package given to the executive director. San Jacinto/Santa Rosa National Monument - Council Member Henderson invited everyone to attend the video showing on Thursday, October 20th. SunUne Transit Agency - Mayor Adolph read a newspaper article regarding Sun Line's outstanding progress in fixing financial and administrative flaws. * * * * * * * * * * * * * All other reports were noted and filed. City Council Minutes 12 October 4, 2005 Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS - None STUDY SESSION . . . . . . . . . . . . . . continued 2. DISCUSSION OF EMERGENCY SERVICES. Community Safety Manager Conrad gave a brief presentation on the City's emergency response system. In response to Council Member Osborne, Police Chief Myers indicated Lieutenant Navarro would immediately respond to the City's Emergency Operations Center (EOC) in case of an emergency situation. The number of field personnel assigned to the City would depend on the amount of damage in the City. He expressed high confidence in how the County Sheriff's Department and Fire Department personnel have been trained to respond in an emergency. In response to Council Member Osborne, Ms. Conrad stated medical caches are strategically located throughout the County with one at City Hall and one at the La Quinta High School. Council Member Henderson inquired about additional caches, and asked staff to find out the number of people the medicines in the caches would accommodate. Battalion Chief Cooley stated medicines in the caches are replaced every six months, and additional caches are located at the JFK building at Washington Street and Avenue 42 and at the Jacqueline Cochran Regional Airport. City Council Minutes 13 October 4, 2005 Council Member Henderson inquired how the Sheriff's Department plans to address traffic coming out of the Cove if there is a major earthquake. Chief Meyer stated there is no set plan for evacuation but they will work with the Fire Department and City staff to determine the best plan of action, depending on the situation. He indicated buses would be used, if needed, to reduce the number of vehicles on the street. They also have reverse-911 capability to inform residents of shelter locations and/or to stay in their homes. He noted communication is a critical factor, and they are currently working to get all of the emergency services on one radio system. In response to Council Member Henderson, Building & Safety Director Hartung stated the generators at City Hall and the Senior Center are serviced on a quarterly basis. The Senior Center generator is a 100% backup, and the one at City Hall provides emergency lighting throughout City Hall as well as air conditioning in the EOC. The City does not have fueling capabilities except for the fuel system at SilverRock but staff is looking into the possibility of using a generator to obtain fuel from underground tanks at the gas station. Council Member Henderson indicated she has a level of comfort that the City is prepared for an emergency, and commented on the need to get information out to the public on preparedness issues. Mayor Adolph stated he feels severity is the key issue, and that the many variables make it necessary to have alternative plans. He supports working with markets and retail stores to have a plan to provide needed supplies, and communicating with the utility companies to find out their capabilities. He referenced the need to work with the National Guard and Marine Corp Base, and the need to coordinate efforts so residents know the City has a plan to protect them. He commented on the need for people to have sufficient supplies to take care of themselves at home for a few days. He supports staff working with the various agencies to put together a plan, and to prepare a pamphlet that tells the residents what the City will be able to do for them in an emergency situation. Chief Cooley spoke confidently about the State's preparedness to handle disasters, and in support of preparing information to get out to the public. In response to Council Member Osborne, Chief Cooley stated his greatest concern is a big earthquake happening during the summer. He also commented on the importance of having a common communication channel between all emergency services. City Council Minutes 14 October 4, 2005 Ernie Calderon, representing Riverside County Emergency Services, echoed the comments regarding the State's preparedness, and stated he agrees emergency preparedness starts at home. He stated they encourage residents to have a seven-day supply of needs for emergencies. 3. DISCUSSION REGARDING THE SITE DEVELOPMENT PERMIT PROCESS AND APPROVING AUTHORITY. Community Development Director Evans presented the staff report. Council Member Osborne spoke in support of Option C in the staff report, with the Council looking at projects· of a certain magnitude and commercial projects above a certain size being scheduled for a public hearing. His concern is related more to commercial development, and feels the City's development guidelines may need adjustment sometimes based on surrounding development. In response to Council Member Henderson, Mr. Evans confirmed Option C would make the Planning Commission's approval tentative to the "receive and file" action by the City Council. Council Member Henderson stated she feels the Planning Commission is doing an outstanding job. Although there was very little public comment at the public hearing, she feels the height of the medical building on Caleo Bay should have been noted as a negative impact before the walls went up. She doesn't have a problem with allowing a second opportunity under Option C but doesn't see a need to add a significant amount of time to the project approval unless there is a good reason for it. Mr. Evans noted Option C shifts the a~countability to the City Council, and it's possible they could also let a project go through that is later opposed by the public. He stated staff will be requiring better exhibits in the future to help the Planning Commission in their review of the projects. Mayor Adolph referenced projects in the City he has problems with, and expressed hope that Council's review will stop this from happening in the future. He indicated he would support Option C with the Council reviewing projects that have: two stories high or above; narrow setbacks; and high berms. In response to Council Member Osborne, Mr. Evans stated the Planning Commission has asked staff to take a look at the landscape irrigation ordinance. - mr------ City Council Minutes 15 October 4, 2005 Council concurred to direct staff to proceed go with Option C. Mr. Evans noted the amendment to the ordinance will go to the Planning Commission and then the City Council. DEPARTMENT REPORTS 3-B. SCHEDULING OF JOINT CITY COUNCIL/COMMISSION MEETING. Council concurred to schedule a joint meeting of the City Council and the City Commissions and Boards on October 25, 2005, beginning at 5:00 p.m. 2. CITY ATTORNEY UPDATE ON THE CONSERVATION COMMISSION JOINT POWERS AUTHORITY (JPA). City Attorney Jenson reported she believes a conference call made last week with most of the city attorneys in the Valley was helpful in reaching agreement on the JPA document. She anticipates the conferencing system being used again in the future. * * * * * * * * * * Mayor Adolph noted Finance Director Falconer was recently appointed to serve as the Coachella Valley Chapter Chair for the California Society of Municipal Finance Officers. MAYOR AND COUNCIL MEMBERS' ITEMS 1 . DISCUSSION REGARDING THE CITY'S 25TH ANNIVERSARY. Council Member Henderson stated she has been approached by individuals who are anxious to begin planning the City's 25th Anniversary event, and requested staff resurface the issue after the first of the year. City Council Minutes 16 October 4, 2005 ADJOURNMENT There being no further business, it was moved by Council Members Osborne/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, BY 51, ~ JUNE S. GREEK, City Clerk City of La Quinta, California