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.
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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).
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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JUNE S. GREEK, City Clerk
City of La Ouinta, California