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2006 06 20 CC Minutes LA QUINT A CITY COUNCIL MINUTES JUNE 20, 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, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT Myron and Joann Mintz, 80-355 Weiskopf, voiced opposition to KSL's plans to develop on an open space area near their home, and indicated they don't feel construction of a street on the reserved lot would be in the best interest of the residents. They also inquired about the open space designation and process required for a new project. Mayor Adolph stated the City has not received correspondence from KSL regarding this matter. City Attorney Jenson stated she has received an inquiry from KSL's attorney as to how Council's denial of the Ray Shaffer project might affect their application. She explained each application is considered independently but that the road issue would be difficult to resolve unless the road is eliminated. She advised the open space area is reserved for KSL and their successors and not the residents. As for new projects, public hearing notices would be sent to property owners within 500 feet of the subject property. * * * * * * * * * * * Joe Broido, 77-510 Calle Nogales, suggested the preliminary and final budgets be placed at the library for public review, and staff reports put on the City web page for public access. He also commented on the need for a full-time city attorney, and stated he feels it would save money if more consultant positions were changed to full-time employee positions. CLOSED SESSION City Attorney Jenson did not participate in Item No.2. City Council Minutes 2 June 20, 2006 1. Conference with labor negotiators, Ski Harrison, Michael O'Connor, and John Ruiz, regarding negotiations with the La. Quinta City Employees Association pursuant to Government Code Section 54957 .6 - Meet and Confer Process. 2. Conference with the City's real property negotiator, Michael O'Connor, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Calle Tampico and Desert Club Drive. Property Owner/Negotiator: Chicago Title, Fred Parvy. 3. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Council-appointed position - City Manager. 4. 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 Chris Romero, 50-051 Balboa Street, Coachella, representing Retired Seniors Volunteer Program (RSVP), presented an "honorary" check for $94,928 representing the number of volunteer hours provided at the Senior Center. CONFIRMATION OF AGENDA City Manager Genovese requested Consent Item No. 17 be moved to Business Item No.6. Council Member Kirk requested Consent Item No. 14 be pulled for separate action. Council Member Osborne requested Consent Item Nos. 5 and 6 be pulled for separate action due to a potential conflict of interest. City Council Minutes 3 June 20, 2006 ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS City Manager Genovese advised both correspondence requests are included in the preliminary budget to be considered on June 21, 2006. 1. CORRESPONDENCE FROM DENISE DUBARRY HAY, PRESIDENT OF PALM SPRINGS WOMEN IN FILM AND TELEVISION, DATED MAY 31, 2006, REGARDING CITY BUDGETING FUNDS FOR FINANCIAL INVOLVEMENT IN FUTURE FILM INCENTIVES. No comments. 2. CORRESPONDENCE FROM VICTORIA BAILEY, DESERT SPRINGS PUBLISHING, DATED JUNE 9, 2006. No comments. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Kirk to approve the City Council Minutes of June 6, 2006, as amended (with an added notation that Council Member Osborne did not participate in Closed Session Item No.2). Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 20, 2006. 2. RECEIVE AND FILE TREASURER'S REPORT DATED APRIL 30, 2006. 3. RECEIVE AND FilE REVENUE & EXPENDITURES REPORT DATED APRIL 30, 2006. 4. APPROVAL OF AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CITY FACILITIES TO ADVANCED BUILDING MAINTENANCE COMPANY. City Council Minutes 4 June 20, 2006 5. ADOPTION OF A RESOLUTION TO EXTEND TIME FOR COMPLETION OF ON-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR PARCEL MAP 31116, CENTER POINTE, CP DEVELOPMENT LA QUINTA, LLC. (See separate action below.) 6. ADOPTION OF A RESOLUTION TO EXTEND TIME FOR COMPLETION OF OFF-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR PARCEL MAP 31116, CENTER POINTE, CP DEVELOPMENT LA QUINTA, LLC. (See separate action below.) 7. ADOPTION OF A RESOLUTION TO EXTEND TIME FOR COMPLETION OF ON-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR PARCEL MAP 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, LP. (RESOLUTION NO. 2006-056) 8. ADOPTION OF A RESOLUTION TO EXTEND TIME FOR COMPLETION OF OFF-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR PARCEL MAP 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, LP. (RESOLUTION NO. 2006-057) 9. APPROVAL OF A CONTRACT WITH DAVIS REED CONSTRUCTION, INC. TO MAKE MODIFICATIONS TO THE SKATE PARK FENCE AT THE LA QUINTA PARK, AND APPROPRIATE FUNDS FROM THE QUIMBY UNRESERVED FUND BALANCE. 10. ADOPTION OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZING RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. (RESOLUTION NO. 2006-058) 11 . APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RASA FOR ON-CALL MAP CHECK SERVICES. 12. DENIAL OF CLAIM FOR DAMAGES FILED BY TERRY SCHUBERT - DATE OF LOSS: APRIL 17, 2006. 13. APPROVAL OF JOINT USE AGREEMENT WITH THE BOYS & GIRLS CLUB OF THE COACH ELLA VALLEY. 14. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH GREENPLA Y, LLC FOR THE PARKS & RECREATION MASTER PLAN UPDATE. (See separate action below.) --------.-.-.--.- ._. --------- - ~ City Council Minutes 5 June 20, 2006 15. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE & TAX.ATION COMMITTEE MEETING TO BE HELD FRIDAY, JUNE 23, 2006, IN SACRAMENTO, CALIFORNIA. 16. ADOPTION OF A RESOLUTION ACCEPTING THE DONATION OF A POOL CHILLER UNIT FROM GLACIER POOL CHILLERS FOR THE FRITZ BURNS PARK POOL. (RESOLUTION NO. 2006-059) 17. SEE BUSINESS ITEM NO.6. 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, 6,14, and 17; Item Nos. 7, 8,10, and 16 were approved by RESOLUTION NOS. 2006-056 through 2006-059 respectively. Motion carried unanimously. Item Nos. 5 and 6: MOTION - It was moved by Council Members Henderson/Kirk to approve the following resolutions: RESOLUTION NO. 2006-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF ON-SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION AGREEMENT FOR A PERIOD OF ONE YEAR FOR PARCEL MAP 31116, CENTER POINTE, CP DEVELOPMENT LA QUINTA, LLC. and; RESOLUTION NO. 2006-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF-SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION AGREEMENT FOR A PERIOD OF ONE YEAR FOR PARCEL MAP 31116, CENTER POINTE, CP DEVELOPMENT LA QUINTA, LLC. Motion carried with Council Member Osborne ABSENT due to a potential conflict of interest. City Council Minutes 6 June 20, 2006 Item No. 14: In response to Council Member Kirk, Community Services Director Hylton stated the deadline for submitting proposals was extended, and staff is comfortable with the number of proposals received. MOTION - It was moved by Council Members Kirk/Henderson to approve Consent Item No. 14, approving a Professional Services Agreement with Greenplay LLC for the Parks and Recreation Master Plan Update. Motion carried unanimously. BUSINESS SESSION 1 . CONSIDERATION OF ORDINANCE REGARDING THE LICENSING OF TOBACCO RETAILERS. Assistant City Manager O'Connor presented the staff report. In response to Mayor Adolph, Mr. O'Connor stated he doesn't know how many retailers in the County would be affected if the ordinance is adopted by all of the cities. He stated none of them have adopted it at this time, and he understands the City of Indio has chosen not to take any action. He also understands the tribal areas would be exempt from the ordinance. Council Member Henderson asked if there has been any discussion as to how this will work if all of the cities don't participate. Mr. O'Connor stated it would be on a city-by-city basis but the funding doesn't seem to work without a critical mass of support. Council Member Henderson commented on the need to provide an increase in the fee to cover annual budget increases. VJ Sleight, 54-855 Avenida Diaz, indicated she collected 616 signatures in support of the ordinance, and feels adoption of the ordinance is the most important thing Council can do for the health of the community.. She commented on a local IIstingll operation that shows there is a problem in the City of cigarettes being sold to minors, and on the number of deaths caused by cigarette smoking. She stated she recently witnessed a local store selling cigarettes to a minor without any identification. She stated she feels it's important for the City to send a message that it wants to protect the health of young people. City Council Minutes 7 June 20, 2006 Anita Roark, 74-140 EI Paseo, Palm Desert, Manager of Health Programs for the American Cancer Society, spoke in support of controlling the availability of tobacco to minors, and noted one out of every three cancer deaths is related to tobacco use. She stated she believes licensing will help to reduce the number of minors that smoke, and presented a letter of support from a member of their Leadership Council. Isaac Aguirre, 87-500 Goodman Road, Bermuda Dunes, stated he is 17 years old, and participated in the "sting" operation conducted by the County Health Department. He indicated 4 out of 10 stores in La Quinta sold him tobacco products without asking for identification. Aurora Kerr, representing CV AG, stated they revised the County ordinance to include the cities, and the Executive Committee voted to send it to the jurisdictions for consideration. In response to Council Member Kirk, she stated there was one abstention on the Executive Committee vote but she doesn't recall any opposition. Council Member Henderson noted the Executive Committee action was not in support of the ordinance but rather approval to send it out to the cities for consideration. Kelsey Sherman, 75-385 Painted Desert, Indian Wells, member of 4th District Youth Advisory Council, voiced strong support for the ordinance. She has a 15-year old friend who buys cigarettes, and she feels anything that will help the situation is necessary. Martin Baxter, representing the County of Riverside Department of Public Health, gave a brief presentation in support of the ordinance. He noted the same number of people die every three days from smoking as those who died in the 9/11 tragedy but it doesn't generate the same outrage. He commented on existing government agencies and laws not being effective in reducing the number of tobacco sales to minors. In response to Mayor Adolph, Mr. Baxter confirmed the funds spent on education have been effective to a certain degree but they feel the next step is to address the merchants and availability of tobacco. He explained the tax received under Prop 10 is used for school readiness and child care. Council Member Sniff stated he feels the proposal is filled with good intentions but significantly impractical, and that enforcement is the key. He commented on the importance of children learning from their parents about the dangers of smoking, and that an increase in cost would help. He feels the ordinance would create another level of government without significant City Council Minutes 8 June 20, 2006 enforcement, and noted the Sheriff's Office already checks establishments selling tobacco products. Council Member Osborne stated he cares about young people but feels it's inappropriate to compare this to the murders of 9/11. He voiced opposition to adding another layer of government to do something that is already being done, and that doesn't create any justifiable benefit. Council Member Henderson noted there will be an initiative on the upcoming ballot to increase the cost of cigarettes $2.62 a pack but none of it will be used for enforcement. As a cigarette smoker, she has convinced her five children not to smoke, and questions where minors get the money to buy cigarettes. She stated maybe the City's Police Department should better oversee enforcement of the regulations already in effect instead of creating a new enforcement level. She questioned how the County intends to maintain the new department at a current level as new costs arise. She stated she would be willing to revisit this issue in the future if there is sufficient support throughout the County but. can't support it at this time. Council Member Kirk stated he had shared concerns about adding another level of government until he read the background material on this issue. It's his understanding the current regulations do not get to the heart of the matter because they penalize the clerk who sells the cigarettes but fail to reduce the incentive for the owner to stop selling to minors. He has concerns about creating unnecessary bureaucracy but feels a better way is needed to enforce the intent of the law, which is to keep minors from being able to purchase cigarettes. He stated he feels it's appalling that a 17-year old was able to purchase tobacco products in 4 out of 10 places in the City, and likes the idea of store owners being penalized for violations and potentially losing their license. He indicated he would support the ordinance until he hears something better, and would support reviewing the City's ordinances to address this issue. Mayor Adolph also voiced concern about creating another level of' bureaucracy, and the ability to enforce the ordinance. He asked what the City's responsibilities are in following through with the State mandates on this issue. City Attorney Jenson advised the Penal Code makes selling of tobacco products to minors a crime. She stated the State licensing penalties for owners are: 1 st violation, a warning letter; 2nd violation, a $500 fine; 3rd violation, a $1,000 fine; and 4th violation, a suspension period. Between the 4th and 7th violations the owner can be assessed a fine and a suspension of up to 90 days, and an 8th violation calls for revocation of the license for a City Council Minutes 9 June 20, 2006 24-month period. She noted the County ordinance allows for revocation at the 1st violation but allows some leeway for settlements. Mayor Adolph stated he feels the State ordinance should be stricter. He questioned the County being able to handle this as well as the City because of the size of the County. He would like to consider revising the City Code to provide stricter control. Council Member Henderson commented on the City of Temecula having an effective ordinance, and suggested looking at it. In response to Council Member Kirk, Ms. Jenson stated the State has licensing regulations for tobacco sales but it doesn't prevent the County from establishing their own regulations. Council Member Kirk commented he didn't understand, from the presentation, that a license is already required to sell tobacco products. Council Member Sniff expressed support for finding out what other cities have done, and what the City could maybe do. MOTION - It was moved by Council Members Sniff/Osborne to decline to support the County's proposal for an ordinance regarding licensing of tobacco retailers. Council Member Kirk indicated he prefers staff come back with some alternatives instead of rejecting the ordinance at this time. Council Member Kirk offered a substitute motion to support, in concept, the reduction of tobacco sales to underage persons and to direct staff to come back with options for Council's consideration. The substitute motion failed for lack of a second. Council Member Henderson stated she believes the Council is in support of doing something to help enforce a stronger regulation but not the creation of a new bureaucratic layer of government. Mayor Adolph stated he would support the motion as long as some type of secondary motion is made for the City to consider revising its own ordinances for better enforcement. Motion carried with Council Member Kirk voting NO. City Council Minutes 10 June 20, 2006 MOTION - It was moved by Council Members Sniff/Osborne to direct staff to investigate possibilities, including contacting the City of Temecula, for alternative solutions to address the issue of illegal tobacco sales to teenagers. Mayor Adolph noted it should include drafting a City ordinance to provide control over retailers that sell tobacco products to minors. Council Member Kirk asked if the CV AG approach would be included as one of the alternatives. Council Member Sniff indicated that it could be. Motion carried unanimously. 2. CONSIDERATION OF USE OF CREDIT CARDS FOR ON-LINE REGISTRATION PROGRAMS. 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 approve the use of credit cards for on-line recreation program registration. Motion carried unanimously. 3. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES - DISCLOSURE CATEGORIES) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO "CONFLICT OF INTEREST CODE." 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 Sniff/Osborne to take up Ordinance No. 427 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING CHAPTER 2.60, SECTION 2.60.020, RELATING TO THE CITY OF LA QUINT A CONFLICT OF INTEREST CODE. City Council Minutes 11 June 20, 2006 It was moved by Council Members Sniff/Osborne to introduce Ordinance No. 427 on first reading. Motion carried by the following vote: NOES: ABSTAIN: ABSENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None None None AYES: 4. CONSIDERATION OF DECLARING JULY 3, 2006, A CITY HOLIDAY. 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/Kirk to approve a modification to the 2006 holiday schedule to include July 3, 2006 as a paid holiday. Motion carried unanimously. 5. CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER TO SERVE ON THE RIVERSIDE COUNTY CHILD SAFETY COMMISSION. 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 Osborne/Sniff to appoint Council Member Kirk to serve on the Riverside County Child Safety Commission. Council Member Kirk indicated it would be difficult for him to attend the meetings if held in Riverside on a week day. Mayor Adolph suggested the possibility of staff serving on the committee instead of an elected. Council Member Henderson stated she is in Riverside several times a month attending other meetings, and is willing to serve on the committee if she can coordinate the meeting schedule with her other meetings. Otherwise, she will come back to Council to consider other options. City Council Minutes 12 June 20, 2006 AMENDED MOTION - It was moved by Council Members Osborne/Sniff to appoint Council Member Henderson to serve on the Riverside County Child Safety Commission and to appoint Council Member Kirk as the alternate. Motion carried unanimously. 6. CONSIDERATION OF ADOPTION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINT A FOR FISCAL YEAR 2006/2007. Finance Director Falconer presented the staff report. Council Member Osborne asked if the Board had discussed adding "potential gain" as an exception under Liquidity on Page 9. Mr. Falconer stated the City has a "buy-and-hold" policy, and the Board feels it should stay in effect. He noted, currently, the City's portfolio doesn't have any gains because of rising interest rates. Council Member Osborne stated he recently discussed his concerns about the low rate of return with the Board, and appreciated the information they provided. He indicated he supports, on a limited scale, the Board's proposal to use $10 million of the City's cash investments with an investment manager, who would not possess the funds but rather guide the investments according to the City's current investment strategy. He would like Council to consider directing staff to hire a professional investment advisor for a 12- month period to invest $10 million, and see how it affects the rate of return. He noted the increase could amount to $200,000. Council Member Sniff stated it seems like a reasonable proposal. In response to Council Member Henderson, Mr. Falconer stated he surveyed the rate of returns for the County and Cities of Palm Desert, Rancho Mirage, and Indian Wells, and La Quinta's portfolio was higher except for the City of Palm Desert, which was the same. He pointed out all of the cities in ' California have lower investments because of Federal increases in the interest rates. He indicated the yield in the City's portfolio is 4 to 4 % %. In response to Mayor Adolph, Mr. Falconer stated the other cities don't use a professional investment advisor but do have a more liberal investment policy. He added the City is able to exceed the other cities' yields through short- term investments. City Council Minutes 13 June 20, 2006 Council Member Henderson asked if there is a funding level that makes it more acceptable to hire a money manager, and who he/she would answer to. Mr. Falconer stated it depends on whatever the treasurer is comfortable with. Regarding who the money manager would answer to, City Attorney Jenson advised the State Code authorizes Council to delegate the authority to the city treasurer or to retain it themselves. She stated there is a State Attorney General opinion that allows a city treasurer to hire a portfolio manager, as long as the treasurer makes the selection, creates safeguards, and remains responsible for the decisions. She suggests if Council wishes to delegate some of the authority to a portfolio manager, that the ordinance be amended to change the delegation of responsibility to the Council because the treasurer would have no control to dictate the individual investment decisions. In response to Council Member Henderson, Mr. Falconer stated the investment chart on Page 38 differentiates between the allowable investments a treasurer and a professional money manager can make. He confirmed the money manager would have four investment opportunities the treasurer does not have. He advised the City's investment policy limitations are more restrictive than the State's but the money manager would be subject to the State limitations. Council Member Henderson asked about gIVing the additional investment opportunities to the treasurer instead of hiring a money manager. Mr. Falconer stated the Board has not wanted to go in that direction. He anticipates the work plan being discussed at their next meeting, and a formal vote taken regarding a money manager. He added the work plan will come before Council at the second meeting in July. In response to Council Member Kirk, Ms. Jenson stated it's her understanding the Board does not want the money manager to advise the treasurer and the treasurer take the action. Mr. Falconer explained the difference between an investment advisor and portfolio manager. A portfolio manager has sole discretion in investing the $10 million and an investment advisor advises the treasurer, who then executes the trades. City Council Minutes 14 June 20, 2006 Council Member Osborne stated he is suggesting use of a portfolio manager who would have some control on the investments within the investment policy. In response to Council Member Kirk, Ms. Jenson confirmed the current ordinance delegates authority to the treasurer, and would need to be revised to clarify responsibility. Council Member Osborne suggested the portfolio manager issue be brought back for consideration. In response to Council Member Henderson, Mr. Falconer confirmed the investment limitations in the chart are set by the Board. Council Member Osborne suggested making the investment opportunities in the chart the same. Council Member Kirk indicated he is in favor of giving a portfolio manager as many tools as possible to do the job. Mr. Falconer stated he anticipates the Board recommending an ordinance amendment and RFP for a professional portfolio manager in July. Council Member Sniff suggested increasing the treasurer's tools instead of hiring a portfolio manager, and considering a portfolio manager later on if needed. In response to Council Member Sniff, Mr. Falconer stated the Board anticipates short-term rates staying around 5% over the next year, and 30- year rates at about 5.20%. RESOLUTION NO. 2006-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2006/2007. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2006-062 as submitted. Motion carried unanimously. '%'. City Council Minutes 15 June 20, 2006 STUDY SESSION 1. DISCUSSION AND REVIEW OF THE DRAFT VILLAGE PARKING STUDY. Community Development Director Evans introduced Matt Inman, of Carl Walker, Inc., who gave a brief presentation on the Village Parking Study, including short-term, mid-term, and long-term recommendations. In response to Mayor Adolph, Mr. Inman stated there are spots around the Village that are busier than others but the overall usage at this time is about 41%. In response to Council Member Osborne, Mr. Evans confirmed there are development agreement projects that will pay into a parking fund when they start construction. Council Member Henderson noted the City eliminated a previous parking fee to encourage development in the Village. Council Member Sniff suggested some thought be given to developing a tram system. In response to Council Member Kirk, Mr. Evans stated staff believes private property owners should participate in parking as their land is developed. The current parking fee is $12,000 per space but the consultant believes the cost is closer to $20,000 per space. He indicated the parking study should be valid for a period of time, and staff hopes to come back in the fall with recommendations for the first series of actions. Council Member Kirk commented he feels a tram system would be a waste of time and money. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None City Council Minutes 16 June 20, 2006 PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONFIRM THE PRE-ANNEXATION ZONING FOR TEN ACRES OF LAND LOCATED WITHIN THE CITY'S SPHERE OF INFLUENCE LOCATED NORTH AND SOUTH OF DARBY ROAD. Mayor Adolph noted this public hearing has been cancelled. No action was taken. 2. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION (SCHDC) TO CONVEY CERTAIN PROPERTY LOCATED AT 78-990 MILES AVENUE AND SCHDC's SUBSEQUENT OWNERSHIP AND OPERATION OF AN AFFORDABLE RENTAL HOUSING DEVELOPMENT CONSISTING OF 80 DWELLING UNITS RESTRICTED FOR RENTAL TO AND OCCUPANCY BY, VERY LOW-INCOME FAMILY HOUSEHOLDS AT A RENT AFFORDABLE TO SUCH HOUSEHOLDS. The Mayor declared the PUBLIC HEARING OPEN at 7:03 p.m. Mayor Adolph stated there has been a request to continue this item to July 18, 2006. MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for an affordable housing agreement with Southern California Housing Development Corporation to July 18, 2006. Motion carried unanimously. Council recessed to the Redevelopment Agency meeting. Council reconvened. REPORTS AND INFORMATIONAL ITEMS League of California Cities - Council Member Henderson indicated she is willing to be the voting delegate but may not be able to attend the general assembly meeting on Saturday. City Council Minutes 17 June 20, 2006 Palm Springs Desert Resorts Convention & Visitor's Authority - Council Member Henderson encouraged everyone to attend the various summer mixers put on by CVA. San Jacinto/Santa Rosa National Monument Advisory Committee - Council Member Henderson reported an item will be coming forward to Council to approve her reappointment. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Attorney Jenson reported a CEQA action has been filed on the Multi-Species Habitat Conservation Plan, and the defense will be tendered to CVAG. MAYOR AND COUNCIL MEMBERS' ITEMS 1 . DISCUSSION REGARDING LENGTH AND EFFICIENCY OF CITY COUNCIL MEETINGS. Council Member Kirk stated he believes lengthy Council meetings discourage public participation, and are costly because of staff hours required. He also feels it difficult for Council to make good decisions at a late hour. He proposed he and Mayor Adolph meet with the City Manager to discuss ways other cities are addressing the same concern, and come back to Council with options for consideration. He commented on the importance of the media being able to report Council actions the following day. Joe Broido, 77-510 Calle Nogales, spoke in support of shortening the length of the Council meetings, and made the following suggestions: place a time limit on each Council Members' comments; put more items on the consent calendar; specify a certain time on the agenda for items expected to generate a lot of public response; set a time limit for each item on the agenda; limit discussions about other committee meetings; change to weekly meetings to start at 7:00 p.m.; and allow more time between the Planning Commission and City Council meetings for public hearing items to provide more time for staff to prepare staff reports. City Council Minutes 18 June 20, 2006 Council Member Henderson spoke in support of Council Member Kirk and Mayor Adolph meeting with the City Manager to discuss options and to bring them back to the Council for consideration. She indicated she has suggested the Council meet every Tuesday during June because of the budget hearing and commission interviews. Council Member Sniff questioned being able to set a time limit on Council meetings and still be able to have proper discussion, presentation, and debate. He is in favor of the meetings going faster but will not support arbitrarily limiting the time limit. He doesn't have a problem trying to place items earlier on the agenda that are expected to take a significant amount of time or arouse significant public interest. He stated he will support logical and functional ways to speed things up. Council concurred with Council Member Kirk and Mayor Adolph meeting with the City Manager and coming back to Council with options for consideration. 2. DISCUSSION REGARDING CODE ENFORCEMENT ON COMMERCIAL PROPERTY. Council Member Osborne spoke regarding the need for adequa~e code compliance in retail and commercial areas to promote pedestrian traffic for shopping. Council Member Sniff suggested a dedicated code enforcement position for commercial areas, especially in high-graffiti areas. In response to Council Member Osborne, Building & Safety Director Hartung stated code compliance regulations for commercial are more detailed than residential because of specific plans and conditions of approval. He stated the Senior Code Compliance Officer currently handles 95 % of commercial code enforcement issues, and two new Code Compliance Officer positions are proposed in the preliminary budget. 3. DISCUSSION REGARDING ADA REQUIRMENTS FOR ACCESS PASSENGER DROP OFF AND LOADING ZONES. Council Member Henderson requested this item and Item No. 4 come back as study session items. ' Council concurred. City Council Minutes 19 June 20, 2006 4. DISCUSSION REGARDING REGULATIONS ON TEMPORARY STRUCTURES. See comment under Item No.3. 5. DISCUSSION REGARDING COYOTE CONTROL/CODE ENFORCEMENT. Mayor Adolph advised of a resident's desire for the City to trap coyotes at PGA West, and asked about the City's ability to trap animals on private property. Building & Safety Director Hartung confirmed the City has provided traps to residents to trap wild/stray dogs. Staff checked the traps, and delivered the dogs to the animal shelter. In the case of coyotes, staff would not be able to set traps unless a finding is made that the coyotes are a threat, and the trapped coyotes would then have to be killed. He noted coyotes can be shot as varmints as long as the trapper has a license to discharge a weapon within City limits. He indicated staff can ask Fish & Game to provide the PGA West residents some guidelines to help them understand how best to deal with the intrusion of coyotes into populated areas. Council Member Henderson suggested staff follow it up with a story in The Gem to educate people on the challenges related to coyotes. 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). ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, ~-0~ JUNE S. GREEK, City Clerk City of La Quinta, California