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2006 02 21 CC Minutes LA QUINTA CITY COUNCIL MINUTES FEBRUARY 21, 2006 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, Sniff, Mayor Adolph (one vacancy) PUBLIC COMMENT Shirley Barker, 78-875 Avenue 47, Unit 864, requested information on the number of traffic accidents at the intersection of Adams Street and Avenue 47. Mayor Adolph indicated staff would provide her with the statistical information, and noted a traffic signal is planned for that intersection. * * * * * * * * * * * * * * Paul Wagner, 49-125 Tango Court, a realtor, commented on a recent change in the number of allowed /Jopen house" signs, and requested the City reconsider the issue to allow three or four signs. Council directed staff to look into the issue and report back to Council. CLOSED SESSION 1. Conference with the City's real property negotiator, Doug Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property identified as: 643-090-032. Property Owners/Negotiators: Ivanhoe La Quinta Cove. 2. Conference with legal counsel - anticipated litigation (Government Code Section 54945.9(c) (one matter). 3. Personnel Matter, Discussion of Assistant City Manager, Traffic Engineer, and Principal Engineer positions pursuant to Government Code Section 54957(bH 1). City Council Minutes 2 February 21, 2006 Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting was reconvened with nå decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Lucia Moran, P. O. Box 1305, announced the annual Greater Coachella Valley Soap Box Derby will be held in La Quinta April 8, 2006. She has verified with the Public Works Department that the event will not be in conflict with the hazardous waste disposal program scheduled the same day. Scott Arthur, 43-845 Milan Court, inquired about the status of discussions with the School District on the potential of a secondary wall near his property. Council Member Osborne stated he has a potential conflict of interest with this issue due to the close proximity of his property to this site, and left the dais. City Manager Genovese stated staff is trying to schedule a _ meeting of the School Ad Hoc Committee. Mr. Arthur indicated his neighbor has concerns about losing his view of the mountains. They are both willing to compromise on a four-foot-high block wall at the street with two feet of wrought iron on top instead of the secondary wall. He stated he believes that will address the City Manager's safety concerns about having two walls. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None - ---. _._.._-_..._~_.. ~ _. - _....._.~- -~ ------- ~ City Council Minutes 3 February 21, 2006 PRESENTATIONS City Manager Genovese introduced Edie Hylton as the new Community Services Director. WRITTEN COMMUNICATIONS 1 . WRITTEN CORRESPONDENCE FROM THE COVE NEIGHBORHOOD ASSOCIATION REGARDING SCHOOL BUS STOPS. Council Member Henderson suggested doing an inventory of small parcels acquired during street improvements in the Cove, and having discussions with the School District about the potential of changing some of the bus stops. She also suggested looking into the potential of a large lot in the northern end of the Cove that was donated to the City. City Manager Genovese stated staff will include this with the School Ad Hoc Committee discussions. 2. WRITTEN CORRESPONDENCE FROM THE NATIONAL ACADEMY OF TELEVISION ARTS AND SCIENCES, PACIFIC SOUTHWEST CHAPTER, REGARDING A SPONSORSHIP OF AN AWARDS LUNCHEON AT THE LA QUINTA RESORT. Council concurred to direct staff to place this matter on the next agenda as a business item. 3. WRITTEN CORRESPONDENCE FROM LA QUINTA HIGH SCHOOL PTO REGARDING A MURAL FOR THE GYMNASIUM BUILDING. Council concurred to direct staff to place this matter on the next agenda as a business item. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of February 7, 2006, as submitted. Motion carried unanimously. City Council Minutes 4 February 21, 2006 CONSENT CALENDAR Council Member Osborne requested Item Nos. 5, 9 and 12 be taken up separately due to potential conflict of interests that he has with those items. Council Member Henderson commented on Item No.1 0, and stated she is pleased Mr. Speer will be working with the City. 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 21, 2006. ·2.· TRANSMITTAL OF TREASURER'S REPORT DATED DECEMBER 31,2005. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED DECEMBER 31, 2005. . ..'. 4. . ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT - MAP 32201, DESERT SHELLS ESTATES, CHOICE ENTERPRISE REAL ESTATE AND INVESTMENT CO. INC. (RESOLUTION NO. 2006-014) 5. (See separate action below.) 6. APPROVAL OF A CLASSIFICATION CHANGE FROM SENIOR CENTER OFFICE ASSISTANT TO OFFICE ASSISTANT. 7 . APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH BUREAU VERITAS/BERRYMAN & HENIGAR FOR ON-CALL PLAN CHECK SERVICES. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH NROENGINEERING FOR ON-CALL PLAN CHECK SERVICES. 9. (See separate action below.) 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH SPEER CIVIL FOR ON-CALL PLAN CHECK SERVICES. 11 . APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BOYLE ENGINEERING CORPORATION FOR ON-CALL PLAN CHECK SERVICES. 12. (See separate action below.) 13. APPROVAL OF ADDITIONAL PM10 SERVICES FROM DISC CONSTRUCTION SERVICES FOR SilverRock RESORT. ----- - - ------ - -- --_. ---- -- City Council Minutes 5 February 21, 2006 14. APPROVAL OF A JOINT USE OF FACILITY AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND THE DESERT SANDS UNIFIED SCHOOL DISTRICT. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 5, 9, and 12, and with Item No. 4 being approved by RESOLUTION NO. 2006-014. Motion carried unanimously. Item Nos. 5, 9, and 12 MOTION - It was moved by Council Members Sniff/Henderson to approve the follo'wing: Approval of Contract Change Order No. 5 for Project No. 2003-09, Washington Street Median Improvements (from Avenue 48 to Avenue 50); Approval of a Professional Services Agreement extension with NAI Consulting for On-Call Plan Check Services; and Approval to adopt Resolution No. 2006-015 and award a contract to Precision Landleveling for the SilverRock Resort Soil Stabilization Project No. 2002-07M. Motion carried with Council Member Osborne ABSTAINING. BUSINESS SESSION 1 . CONSIDERATION OF REQUEST BY THE LA QUINT A PLAYHOUSE FOR USE OF THE LA QUINT A PUBLIC LIBRARY FACILITY. Mayor Adolph indicated that he has a potential conflict of interest with this item, and left the dais. Noemi Hane, 52-060 Avenida Vallejo, stated she IS available to answer questions. City Manager Genovese presented the staff report. Council Member Henderson inquired about the timeframe for locating the Community Services Department in the library, to which Mr. Genovese responded, /J30-45 days." She stated she supports the organization's efforts City Council Minutes 6 February 21, 2006 but is challenged with letting them use the library rent-free. She encouraged the organization to continue working with staff to coordinate the times, and noted the Council approved a substantial amount of funding for the organization earlier this year to put on their programs. Council Member Osborne agreed, and stated he hopes the earlier grant can be available for the children's program as originally stated in the grant request. In response to Mayor Pro Tem Sniff, Mr. Genovese stated the library area that is currently not being used is between 7,000 and 8,000 square feet. Mayor Pro Tem Sniff voiced concern about not getting maximum value out of the facility if broken down into too many uses. He agreed with referring this matter back to staff for additional consultation with the organization. Council Member Henderson stated she doesn't have a problem with it going back to staff to work out the calendar details but is not prepared to support any funding. MOTION - It was moved by Council Members Henderson/Osborne to direct staff to work with the La Ouinta Playhouse for the purpose of solidifying the calendar details but not to fund the program. Mayor Pro Tem Sniff stated tie would like to see a master calendar developed for the facility to maximize its use. Mr. Genovese noted the facility is producing revenue, and is utilized most Saturdays for weddings. Motion carried with Mayor Adolph ABSENT. 2. CONSIDERATION OF CALLING A SPECIAL ELECTION OR APPOINTMENT TO FILL A VACANCY ON THE CITY COUNCIL. There were no changes to the staff report as submitted and on file in the City Clerk's Office. In response to Mayor Adolph, City Attorney Jenson reviewed the options available to Council, and indicated today is the deadline for calling a special election in June. She advised the Council can schedule a special meeting to consider making an appointment any time up to March 6th because the 30- day deadline of March 4th falls on a weekend. City Council Minutes 7 February 21, 2006 In response to Council Member Sniff, Ms. Jenson confirmed all special elections must coincide with a regularly-scheduled election date. Ms. Jenson stated the Council has a responsibility to try to fill the vacancy, and noted there is potential for a tie vote. She added if the Council does not agree on an appointment or call a special election, action could be filed to compel a special election. It would be meaningless, however, since the special election would be held in November at the same time the regular election is held. Council Member Sniff pointed out the law cannot force the Council to a certain vote. Council Member Henderson noted a special election in November would only elect someone to fill the remaining unexpired term of approximately three weeks. Joe Broido, 77-510 Calle Nogales, questioned February 21 st being the deadline for calling a special election, and stated he understood the deadline was February 28th. Ms. Jenson explained the County has requirements for calling a special election, and it's her understanding that the deadline to make the June election is tomorrow. Mr. ßroido commented on the citizens being under-represented since last July, and urged the Council to come to a consensus to either make an appointment or call for a special election. He stated he feels no price can be put on represented democracy. Bob Cox, 78-395 Crestview Terrace, spoke in support of the Council appointing someone who has been on the Councilor has run for Council. He otherwise feels the seat should remain vacant until November instead of spending $30,000 for a special election. Joan Rebich, 53-810 Avenida Cortez, encouraged the Council to make an appointment or call a special election. Council Member Sniff suggested scheduling a special meeting for February 28, 2006 at 2:00 p.m. to consider making an appointment or calling for a special election. He further suggested letters of interest be accepted with a resume', and allowing applicants to make a brief statement only. He City Council Minutes 8 February 21, 2006 commented that he feels the Council has been effective in carrying on City business during Mr. Perkins' absence. Council Member Osborne requested the meeting time be changed to 5 :00 p.m. After a brief discussion, Council concurred on scheduling a special meeting on February 28, 2006 at 4:00 p.m. Council Member Henderson commented on the importance of appointing someone instead of calling for a special election. She asked about the possibility of calling a special election today and canceling it if an appointment is made on February 28th. She also indicated she feels a deadline of Thursday (February 23rd) at 5:00 p.m. is sufficient time for anyone interested in the vacancy to submit an application. Mayor Adolph stated he had hoped to resolve this issue today, and commented on the limited time remaining until November. He indicated he knows of eight people interested in the vacancy but feels it's important to fill the seat with someone already involved in the community with some background and knowledge. He concurred with scheduling a special meeting, and inquired about the best way to get the word out to the press and citizens. Mr. Genovese stated staff will issue a press release tomorrow. Council Member Henderson noted the Desert Sun might include an article in tomorrow's newspaper, and suggested putting some information on the web page. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to schedule a special City Council meeting on February 28, 2006 at 4:00 p.m. for the purpose of filling the Council vacancy by appointment or by calling a special election, and to accept letters of interest/resume' from interested citizens no later than Thursday, February 23, 2006, at 5:00 p.m. Mayor Adolph stated he would support the motion but had hoped a decision could be made today. Council Member Henderson noted the eight people who contacted the Mayor had not contacted the other Council Members. Motion carried unanimously. ---- ..- -- - --------- ------- City Council Minutes 9 February 21, 2006 (See additional comment by the City Attorney on Page 11 after Business Item No.6.) 3. CONSIDERA TION CHAMBER OF COMMITTEE. OF SELECTION OF A REPRESENTATIVE TO THE COMMERCE WORKSHOP/INFORMATION EXCHANGE Community Development Director Evans presented the staff report. Council Member Osborne stated he only attended two meetings because the notice for the last nleeting was received too late. MOTION - It was moved by Council Members Sniff/Osborne to appoint Council Member Henderson to serve on three consecutive meetings of the Chamber of Commerce Workshop/Information Exchange Committee. Motion carried unanimously. 4. CONSIDERA TION APPOINTMENTS. OF CITY COUNCIL STANDING COMMITTEE Council Member Henderson suggested this item be continued until after the special City Council meeting on February 28, 2006. Council concurred. MOTION - It was moved by Council Members Sniff/Osborne to continue this item to March 7, 2006. Motion carried unanimously. 5. CONSIDERATION OF MID-YEAR BUDGET REPORT FOR FISCAL YEAR 2005/2006. Finance Director Falconer presented the staff report. Council Member Osborne inquired about the Intergovernmental Budget vs. Actual amounts in the General Fund Revenue Summary chart. Mr. Falconer stated the County has not yet billed for this year's fire protection services. In response to further questions by Council Member Osborne, he stated staff will provide a corrected copy of the Developer Impact Fee Revenue Summary chart. He indicated there are no changes to the revenues for SilverRock but there are some appropriation requests for City Council Minutes 10 February 21, 2006 expenditures. Revenues for SilverRock have incrflased since January but the first six months were under budget, and he doesn't anticipate the budgeted revenue projections will be reached. Randy Duncan, General Manager for the Arnold Palmer Classic Course at SilverRock Resort, stated the first quarter revenues were down and the second quarter revenues were close, but the third quarter revenues are currently above budget. Council Member Henderson commented she feels it's important to emphasize that $1,750,000 and $1,975,000 are one time development fees, and that the City's philosophy has been not to use those funds for long-term costs. She asked staff to explain the Vehicle License Fee (VLF) amount. Mr. Falconer explained changes in the formula distribution by the State have resulted in the State using property taxes in lieu of· the VLF. He stated the formula, which is no longer based on per capita basis, has benefited the City. Council Member Henderson noted the tax change is referred to as the "triple flip" because it involved flipping three different taxes. She stated she feels it's very important to stay the course, and continue to plan for the future. Mayor Adolph noted future hotels, Transient Occupancy Tax (TOT), and new businesses will continue increasing the City revenues. MOTION - It was moved by Council Members Sniff/Osborne to approve new appropriations totaling $1,028,931 from the General Fund and $328,144 from ·other funds, and approve new estimated revenues totaling $628,496 for the General Fund and $4,090,643 from other City Funds. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Osborne to receive and file the Mid-Year Budget Report. Motion carried unanimously. 6. SECOND READING OF ORDINANCE ORDINANCE NO. 426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2005-009 BY AND BETWEEN THE CITY OF LA QUINTA AND NISPERO PROPERTIES, INC. -- .~_...._.~--_.__._._--- ~_.__._._--- _._---- --- -- - - -- - -- City Council Minutes 11 February 21, 2006 It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 426 on second reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Henderson, Osborne, Sniff, Mayor Adolph None None (one vacancy) City Attorney Jenson spoke at this time regarding Business Item No. 2 (City Council vacancy). She indicated that after further review of the timeline, she has found that the 11 4 days requirement has elapsed, and that action to call a special election in June would have to have been taken by February 10, 2006. STUDY SESSION 1. DISCUSSION OF THE 2007 BOB HOPE CHRYSLER CLASSIC. City Manager Genovese presented the staff report. In response to Council Member Sniff, Mr. Genovese stated these improvements deal primarily with work for tournament play, whereas the previous improvements dealt with drainage and flooding. He confirmed the improvements will complete the project list to make the golf course playable. Council Member Henderson asked if the improvements are additional to the original list received from the Bob Hope Chrysler Classic. Mr. Genovese stated the improvements are relatively minor items that finish the origïnal list. He confirmed some of the improvements are primarily for delineation for tournament play but that most of them would need to be done anyway. He stated he believes the improvements would be needed for any PGA tournanlent. Johnny Pott, 50-970 Mango, representing Landmark Golf Management, stated the list from the Classic has basically been done, except for a few items that may not be needed if a Classic tournament is not held at SilverRock. Mayor Adolph commented on the possibility of Northstar being the home course for the Classic every year. City Council Minutes 12 February 21, 2006 Mr. Pott stated that is not his understanding of the contract, and feels staff should meet with the Classic committee to determine what the future of the Classic is as it relates to SilverRock. He noted the City built a tournament course to accommodate the Classic, and doesn't feel the City should back down from that. Mayor Adolph commented on the Classic's action being inappropriate last year, and referenced a comment by Arnold Palmer that the course needs more fairways. M-r. Pott stated Eric Larsen had a unique design in mind for the golf course, and he feels participation in the design would have been appropriate at that time. Mayor Adolph stated he believes it's important for staff to have some serious discussions with the Classic organization. In response to Mayor Adolph, Mr. Pott confirmed these improvements will satisfy the items on the Classic's list. In response to Council Member Osborne, Mr. Genovese stated funding for the improvements will come back upon Council direction. Council Member Osborne asked if PGA officials visited SilverRock during the Classic this year, to which Mr. Pott responded, uNo." He further indicated that he has had discussions with PGA Tour representatives but not the Classic officials. He added the improvements need to be completed by July if the tournament is going to be held at SilverRock next year. Council Member Henderson stated she believes staff should meet with the Classic officials within the next 30 days then report back to Council as to the outcome of the outstanding issues, and what agreement has been reached regarding what the Classic is, or is not, going to do. She would like to see the City continue exercising this option because she believes the significance of the Classic tournament is worth SilverRock's involvement. She encouraged Council not to let last year's unpleasant experience turn into another unpleasant experience by not continuing an association with the Classic. Council Member Osborne stated he agrees with finding out the status with the Classic organization and confirming that SilverRock will be a home course every other year. ----..--- -.- -'- ------_._~- --.- ~ -- - - --.. -- - -- -- City Council Minutes 13 February 21, 2006 City Attorney Jenson stated she understands from Dave Erwin, who serves on the Classic's board of directors and their legal counsel, that they intend to honor their contract with the City. Mayor Adolph suggested staff talk to individual Council Members regarding the issues before meeting with the Classic officials. Council Member Sniff stated he feels a 15-year contract with the Classic organization is too long, and is not convinced that it works out on a cost- benefit basis. He feels the City was treated less than admirably by the Classic last year, and has no strong desire to go forward with the Classic. He questioned the benefit being worth the cost. Council Member Henderson stated she feels the Council's direction to staff should be clear - try to clear up the outstanding issues and solidify the future of the association. She suggested the funding wait until after the meeting with the Classic officials. Mr. Genovese indicated that he would meet with the Classic officials along with staff members and representatives from Landmark. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson reported on the success of the grand opening. CV AG Human & Community Resources Committee - Council Member Osborne indicated he would not be able to attend the Committee meeting tomorrow, and suggested the alternate attend to participate in discussions about the potential new tobacco sales license. C. V. Conservation Commission - Council Mernber Sniff requested this committee be added to the agenda under Reports and informational Items. CV AG Public Safety Committee -- Council Member Henderson reported the new signage regarding off-highway vehicle restrictions have been installed near the freeway. She also referenced a report from the Violent Gang Task Force, and a lengthy presentation by the Border Patrol. C.V.W.D Joint Water Policy Committee potential rate increases. Mayor Adolph stated they are looking at City Council Minutes 14 February 21, 2006 League of California Cities - Council Member Henderson reported representatives from Paramount Pictures spoke at their last meeting about a concerted effort to keep the film industry in California. She also referenced an effort by local individuals to promote the Coachella Valley as a film destination, which she noted is an issue included in the City's Economic Development Plan. She stated she is putting together a luncheon to discuss that issue, and commented on the possibility of the cities adopting a valley-wide ordinance to fast-track the film industries' efforts to film in the Valley. She reported they also discussed the telecommunication industry's desire to have Federal regulations or a State agreement, but the League prefers they negotiate with cities and have franchises similar to trash and cable. She indicated the League will also be taking a strong position in support of the amended language to Proposition 42 to keep the infrastructure funds from being diverted to the State General Fund. Palm Springs Desert Resorts Convention & Visitors Authority - Council Member Henderson reported the recent audit shows the business of the CV A continued last year in spite of everything that was going on. She confirmed the annual luncheon is usually held in the center of the Valley but the facility that is selected usually depends on the facilities offered by the hotels. Riverside County Transportation Commission - Council Member Henderson reported she testified last week before a Senate Subcommittee regarding import and border issues. She noted goods movement is a critical issue for Coachella Valley because of the traffic impacts of goods moving through this area. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Manager Genovese reported staff will provide Council with a brief written . synopsis of a recent meeting with CNL representatives. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff requested Council consider using the Library Community Room for a lecture series, similar to what is being done in other cities. PUBLIC HEARINGS - None -~-~ ~--~- City Council Minutes 15 February 21 j 2006 ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Osborne to adjourn. Motion carried unanimously. Respectfully submitted, L'I - __l)-~_~~<-: -~}~.~ / ',j ·-/6. JUNE S. GREEK, City Clerk City of La Ouinta, California