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2006 07 05 CC Minutes LA QUINT A CITY COUNCIL MINUTES JULY 5, 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 - None CLOSED SESSION Council Member Osborne did not participate in Item No. 2 due to a potential conflict of interest resulting from the close proximity of his residence to the site. 1. Conference with labor negotiators, Ski Harrison, Michael O'Connor, and John Ruiz, regarding negotiations with the La Quinta Employees Association pursuant to Government Code Section 54957.6 - Meet and Confer Process. 2. Conference with City's real property negotiator, Douglas R. Evans, 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 Fred Waring Drive and Palm. Royale. Property Owner/Negotiator: The Robert Mayer Corporation, Robert L. Mayer. Jr. 3. 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 - None City Council Minutes 2 July 5, 2006 CONFIRMATION OF AGENDA City Attorney Jenson advised Council Member Osborne did not participate In Closed Session Item No.2 due to a potential conflict of interest. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of June 20, 2006, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Special Meeting Minutes of June 21, 2006, as submitted. Motion carried unanimously. CONSENT CALENDAR CouncH Member Kirk requested Item No. 10 be taken up separately due to a potential conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED JULY 5, 2006. 2. ACCEPTANCE OF GRANT OF EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES ALONG WASHINGTON STREET FROM THE ENTIN FAMILY LIVING TRUST ASSOCIATED WITH THE LA QUINT A BUSINESS CENTER, SITE DEVELOPMENT PERMIT 2004-814. 3. . ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFF-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR PARCEL MAP 32683-3, WASHINGTON PARK, WASHINGTON III, LTD. (RESOLUTION NO. 2006-063) City Council Minutes 3 July 5, 2006 4. APPROVAL OF COUNCil MEMBER HENDERSON'S REQUEST FOR REAPPOINTMENT TO THE SANTA ROSA/SAN JACINTO MOUNTAINS NATIONAL MONUMENT ADVISORY COMMITTEE. 5. APPROVAL OF A RESTATED. AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA GUINTA AND THE CITY MANAGER. 6. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE lA QUINT A CHAMBER OF COMMERCE FOR FISCAL YEAR 2006/2007. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY ELFEGO PONCE - DATE OF LOSS: FEBRUARY 9, 2006. 8. APPROVAL OF ENVIRONMENTAL DOCUMENT FOR THE JEFFERSON STREET ROADWAY ALIGNMENT PROJECT (AVENUE 58 TO AVENUE 59 SECTION LINE). (RESOLUTION NO. 2006-064) 9. ADOPTION OF A RESOLUTION TO APPROVE THE RESIDENT AND NON- RESIDENT FEES FOR THE FITNESS USE CARD FOR THE FITNESS CENTER AT THE BOYS & GIRLS CLUB. (RESOLUTION NO. 2006-065) 10. APPROVAL OF AWARD OF CONTRACT FOR THE JEFFERSON STREET AND AVENUE 49 TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 2004-07b. (See separate action below.) 11. APPROVAL OF REPAIRS TO THE FOURTH FAIRWAY AT SilverRock RESORT TO BE PERFORMED BY THE GOLF OPERATIONS CONTRACTOR. - MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and amended with the exception of Item No. 10 and with Item Nos. 3 and 9 being approved by RESOLUTION NOS. 2006-063 through 2006-065 respectively. Motion carried unanimously. Item No.1 0: MOTION - It was moved by Council Members Henderson/Sniff to approve Consent Item No 10, approving a Cooperative Agreement with the City of Indio for the design and construction of traffic signal improvements; and award a contract with DSX, Inc., in the amount of $299,333 for the construction of the Jefferson Street and Avenue 49 Traffic Signal Improvements, Project No. 2004-07b subject to the City of Indio's approval of the Cooperative Agreement. Motion carried with Council Member Kirk ABSTAINING due to a potential conflict of interest. City Council Minutes 4 July 5, 2006 BUSINESS SESSION 1 . CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH KINER COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2006/2007. Council Member Osborne advised of a potential conflict of interest and left the dais. Assistant City Manager O'Connor presented the staff report. Council Member Henderson suggested talking to the CV A about their marketing programs for in-flight magazines to see if it's something the City might want to explore. She also referenced the 1-10 billboard campaign, and stated she prefers a concentrated effort with CalTrans for additional signage along the freeway. City Manager Genovese stated CalTrans has indicated they can't give the City additional signage on 1-10. In response to Council Member Kirk's question about the differences between this year and last year's contracts, Mr. O'Connor stated this year's contract proposes more print and TV and radio time. Scott Kiner, representing Kiner Communications, noted this year's contract also includes charges for the 25th anniversary celebration. In response to Council Member Henderson, Mr. O'Connor confirmed Kiner Communications is on a monthly retainer, and they bill the City for additional services. Council Member Henderson stated it's her understanding that Kiner won't automatically receive the entire $333,000 amount. If expenses such as for a new logo are proposed but not done, the monies for that part of the . contract are not paid. Mr. Kiner agreed, and noted it's a fluid document with a not-to-exceed amount. Council Member Kirk asked how best value is determined in the list of expanded marketing strategies. City Council Minutes 5 July 5, 2006 Mr. Kiner stated the list is prioritized in the manner of having the greatest value for advertising, not necessarily value in dollars. He explained how advertising value is determined, and indicated the higher-value items start at the top of the list. Mayor Adolph. noted it's difficult at this point to know what marketing expenditures there will be for the 25th anniversary. Council Member Sniff commented on the need for a consistent and focused effort to promote the City with some increase in dollars and emphasis. He , stated he feels it should cover visit, shop, dine, golf, and invest in La Quinta. He suggested having a central control in the City for all advertising/promotion, and approving an agreement with Kiner for $333,000 with an additional contingency fund of $242,800 to cover additional items that may come up. Mayor Adolph commented on the money given to the CV A and Landmark for marketing, and the importance of not duplicating efforts so the City gets the "best bang for its buck." He spoke in support of having a contingency fund, and stressed the need for sufficient advertising when functions are held at the Civic Center Campus. Council Member Henderson noted the Chamber of Commerce is another source of marketing. She referenced comments she has previously made about the need to understand the bigger picture for marketing, and breaking it down into three categories: advertising, marketing, and sales. She feels advertising is done to get people in the community to attend an event; marketing is done to bring people or businesses to the City that are not in the community; and CV A does sales by filling hotel rooms. She suggested maintaining last year's contract amount of $244,800, and placing the balance in a contingency account, which would be available for additional marketing requests that come to Council for consideration. An exception would be the Palm Springs Life item, which would need to be done right away. She suggested a future discussion on the issue of sales, marketing, and advertising. She agrees insufficient advertising is being done to draw people to City events, and commented that public service announcements are not effective enough. Council Member Kirk indicated he is comfortable with the $333,000 amount but not a large contingency amount, and would be more comfortable with a 10-15% amount for the contingency account. As for the Palm Springs Life issue, he suggested including it now, and addressing other issues as they come up. City Council Minutes 6 July 5, 2006 Mayor Adolph noted the contingency amount would be set aside to increase the internal budget for marketing. In response to Council Member Kirk, Mr. O'Connor confirmed a total amount of $575,800 has been set aside in the budget for marketing. Council Member Sniff stated he feels it's difficult to separate advertising and promotion, and supports moving forward with an increased budget of $333,000 and a contingency fund of $242,800. He commented he feels it's important to make a significant, credible effort to promote the City and all the assets within it. In response to Council Member Kirk, Mr. Genovese stated it's the Council's discretion whether or not to set aside the remaining amount in a contingency marketing account or to return it to the General Fund Reserve. Mayor Adolph reiterated his concern about doing a better job to promote City events to attain better attendance. MOTION - Council Member Kirk stated Mr. Mayor, let me try this motion, I wasn't sure if that was in the form of a motion before Terry. I'll move that we approve a contract services agreement with Kiner Communications in the amount of $333,000 for this fiscal year, and that we direct staff to work with Kiner on the first priority item, Palm Springs Life September issue, which we may not have a whole lot of time to make a decision on, and if staff concurs, that we provide Kiner with another $13,100 to make that happen with the balance being available as a contingency later in the year. Council Member Henderson stated, I second the motion. (NOTE: The motion is a verbatim transcript at the request of Council Member Sniff.) In response to Council Member Sniff, City Attorney Jenson stated her understanding of the motion is to approve the contract at $333,000, direct staff to work on the Palm Springs Life item, and if staff agrees, to add the $13,100 amount, with the remaining amount going into a contingency account that would be spent only at Council direction. She confirmed the motion is valid. In response to Council Member Sniff, Mr. Genovese stated the remammg amount in the contingency account after $13,100 is deducted for the Palm Springs Life item would be $229,700. Il.'li/.' City Council Minutes 7 July 5, 2006 In response to Mayor Adolph, Mr. Kiner stated the $41,000 remaining in last year's contract is set aside for the cost of the 2007 calendar and redesign for City pages in The Gem. Mr. Genovese pointed out it does not affect the amounts discussed today or any amounts contained in the budget. Motion carried with Council Member Osborne ABSENT. 2. CONSIDERATION OF RESOLUTIONS SUBMITTING A BALLOT MEASURE TO THE VOTERS AT THE NOVEMBER 7, 2006 GENERAL MUNICIPAL ELECTION TO VALIDATE, RE-ENACT, AND APPROVE THE EXISTING TRANSIENT OCCUPANCY TAX RATE. Assistant City Manager O'Connor presented the staff report. In response to Council Member Sniff, Mr. O'Connor confirmed this is for reconfirmation only, and nothing new is being added. In response to Council Member Osborne, Mr. O'Connor stated two separate rates were established in 1992. Council Member Henderson noted the CV A does the same thing for convention vs. non-convention hotels with the idea being that smaller hotels pay a lower fee because they receive less value. RESOLUTION NO. 2006-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A CERTAIN MEASURE VALlDATING,RE-ENACTING, AND APPROVING THE CITY'S TRANSIENT OCCUPANCY TAX RATE AND THE DEFINITION OF GROUP HOTELS, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, AS CALLED AND CONSOLIDATED BY RESOLUTION NOS. 2006-043 AND 2006-044 AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2006-066 as submitted. Motion carried unanimously. City Council Minutes 8 July 5, 2006 RESOLUTION NO. 2006-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2006-067 as submitted. Motion carried unanimously. (NOTE: . The attached ordinance for the measure was not adopted but assigned Ordinance No. 428, the next-in-order number, for reference purposes.) STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CV AG Transportation Committee - Council Member Kirk reported the Committee has approved a reimbursement agreement with the City of Palm Springs for the bridge on Gene Autry Trail. League of California Cities - Council Member Henderson invited everyone to attend the division meeting in Indian Wells on Monday, July 10, 2006. CV AG Human & Community Resources Committee - Council Member Osborne indicated the Committee is still working on the homeless issue. CV AG Executive Committee - Mayor Adolph reported two Council Members from the City of Desert Hot Springs explained at the Executive Board meeting why their Council didn't approve the Multi-Species Habitat Conservation Plan, and indicated they would continue to work with CV AG to resolve the issues. He noted the deadline for the Fringe Toed Lizard issue has been extended to August 1, which gives the City of Desert Hot Springs additional time to make a decision. Sun Line Transit Agency - Mayor Adolph reported the litigations with Dick Cromwell and Clean Energy have been resolved. * * * * * * * * * * * * * All other reports were noted and filed. City Council Minutes 9 July 5, 2006 DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph commented on the recent COPS dedication, and the value of the program to the City. Council Member Henderson stated she understands the Blue Light Celebration for the. eastern part of the County will be held at the Public Safety Memorial on the Civic Center Campus in December. She commented on the need to advertise the event. Council recessed to Closed Session to and until 7:00 p.m. 7:00 P.M. 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). PUBLIC COMMENT - None PRESENTATIONS Pat Hammer, City Clerk for. the City of Cathedral City and representing both the Southern California City Clerks' Association (SCCA) and the City Clerk's Association of California (CCAC), expressed appreciation to La Quinta City Clerk June Greek for her dedication and leadership in both organizations. On behalf of the city clerks throughout the State, she thanked Ms. Greek for her mentoring and wished her well in her retirement. The Mayor and Council Members presented a plaque to Ms. Greek, and expressed appreciation for her years of dedicated service to the City, and also wished her well in her retirement. City Council Minutes 10 July 5, 2006 PUBLIC HEARINGS 1. PUBLIC HEARING ON DEVELOPMENT IMPACT FEES (DIF). Consultant Nickerson presented the staff report. Council Member Henderson asked how the City's transportation fee compares to other cities. She also asked how it relates to TUMF, which the City does not participate in, and when that may change. Mr. Nickerson stated the transportation fee charged by other cities is included in the TUMF, and although the City does not participate in the TUMF, it participates in the regional program by forfeiting the local Measure A money. He confirmed the other cities retain their ~ cent sales tax whereas La Quinta's portion is passed through in lieu of the TUMF payment. He noted when the second Measure A takes effect in 2009, the City will have an opportunity to evaluate whether or not it' s in the City's best interest to participate in the regional TUMF or to continue providing the Measure A money in lieu of the TUMF payment. If the City decides to adopt the TUMF, some of the regional transportation improvements the City currently collects fees on to help mitigate the impacts from development, may be removed to eliminate double collecting. Council Member Kirk noted all but one of the other cities base their fee for single family homes on the size of the home, and asked why La Quinta's fee is uniform regardless of the home size. Mr. Nickerson explained the City's fee is based on impact for a single family home, and the impact of typical services is the same regardless of the size. He stated he hasn't evaluated the other cities' fees as to how they are calculated. Council Member Kirk asked if future fees would be used to repay the General Fund for the cost of the library, and if it would include interest. Mr. Nickerson explained the funds were advanced for the library construction, and confirmed money is collected to repay the costs. City Attorney Jenson further confirmed the redevelopment loans to the DIF include interest, based on what the City would have earned otherwise. Finance Director Falconer added the interest is calculated on a quarterly basis, and outstanding loans are reduced by any developer fees collected within that period of time. -- - - ._._._.~~....._~. - . City Council Minutes 11 July 5, 2006 Mayor Adolph commented he was told the single family home fee is the same, regardless of size, because it has always been done that way, and it's easier to manage. He voiced concern about the owner of a small house, especially first-time buyers in the Cove, not being able to afford the same fee charged for larger houses. The Mayor declared the PUBLIC HEARING OPEN at 7:28 p.m. Fred Bell, 28900 Avenida La Vista, Cathedral City, representing Building Industry Association, commented on how the total fee load affects affordable housing. He indicated in the future, they would like to have more time to review this document and look at how the capital improvement projects are paid and applied within the City budget. He commented on the City of Indio's recent 100% increase in DIF fees. Council Member Henderson asked if the issue of how projects are paid and applied in the budget is a valley-wide issue. Mr. Bell indicated the other cities are more-project specific. Council Member Henderson noted every house impacts the community, and it's her understanding the acceptance of the DIF is bound by strict legal guidelines and proof of a nexus. Unless the City wants to subsidize some of the fees, she isn't sure what can be done other than have a philosophical discussion about it. Mr. Bell stated he realizes the City's costs have increased but wants to make sure the fee load is justified. Council Member Henderson questioned the purpose of his comment regarding the City of Indio's fees. She noted they haven't increased their fees for several years, and the BIA was quoted in the newspaper as agreeing with the increase. Mr. Bell explained his comment was not intended to argue with the need for the increase but rather pointing out the need to be realistic about the fee load when it comes to affordable housing. Council Member Osborne stated he shares the concern about the fee load on smaller homes and the need to retain some affordability. Mayor Adolph stated he understands the impact of construction on the community but also understands the impact of the costs on the ultimate consumer. City Council Minutes 12 July 5, 2006 There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:40 p.m. RESOLUTION NO. 2006-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING RESOLUTION NO. 2005-047, RELATING TO THE DEVELOPMENT IMPACT FEES. It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2006-068 as submitted. Council Member Sniff commented on the change in housing costs over the years. Mayor Adolph stated he will support the motion but hopes the City will take a hard look at the impact these fees have on those who can least afford it. Council Member Osborne voiced concern about the City losing the affordability for small families to move to La Quinta. Motion carried unanimously. 2. PUBLIC HEARING ON ADOPTION OF AN ORDINANCE APPROVING AN AMENDMENT TO CHAPTER 9, SECTION 9.80.040 - TABLE 9-5, PERMITTED USES IN NON-RESIDENTIAL DISTRICTS, TO ALLOW RETAIL STORES GREATER THAN 10,000 SQUARE FEET IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. Planning Manager Johnson presented the staff report. In response to Council Member Henderson, Mr. Johnson stated neighborhood commercial facilities are generally 8 to 10 acres. He confirmed the amendment will eliminate the need for a specific plan for the size of the building but will still require a project, with that building size, to have a conditional use permit. In response to Mayor Adolph, Mr. Johnson stated if one building in a commercial development exceeds 10,000 square feet, there will be one conditional use permit for the entire project. Community Development Director Evans noted the change will free up staff time and be a more- efficient way to achieve the same result. It will not impact the Village or City Council Minutes 13 July 5, 2006 Cove area but will affect the sphere of influence areas as development takes place. Staff feels this will be better for the community without losing any regulatory controls. He indicated conditional use permits are typically final with the Planning Commission. Mayor Adolph noted an agreement was recently reached wherein Council would have an opportunity to make the final decision in certain areas. Mr. Evans noted it may be necessary to change another section of the Code if Council wants to review neighborhood shopping centers. The Mayor declared the PUBLIC HEARING OPEN at 8:04 p.m. Kay Wolff, 77-227 Calle Ensenada, spoke in support of neighborhood commercial areas because it will reduce traffic congestion. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:53 p.m. MOTION - It was moved by Council Members Sniff/Kirk to take up Ordinance No. 429 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING CHAPTER 9, SECTION 9.80.040 - TABLE 9-5, PERMITTED USES IN NON-RESIDENTIAL DISTRICTS, TO ALLOW RETAIL STORES GREATER THAN 10,000 SQUARE FEET IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. It was moved by Council Members Sniff/Osborne to introduce Ordinance No. 429 on first reading. Motion carried by the following vote: NOES: ABSTAIN: ABSENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None None None AYES: City Council Minutes 14 July 5, 2006 3. PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY COUNCIL APPROVING THE SETTING AND PLACEMENT OF RESIDENTIAL WASTE COLLECTION AND SERVICE FEES ON THE TAX ROLLS FOR RESIDENTIALLY-DEVELOPED PROPERTY AND ADOPTION OF A RESOLUTION SETTING COMMERCIAL AND ROLL-OFF WASTE COLLECTION AND SERVICE FEES. Community Development Director Evans presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:58 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:58 p.m. RESOLUTION NO. 2006-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL PROPERTIES WITHIN THE CITY PURSUANT TO LA QUINT A CHARTER AND MUNCIPAL CODE CHAPTER 6.04. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2006-069 as submitted. Motion carried unanimously. RESOLUTION NO. 2006-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE COLLECTION, RECYCLING (AB939), AND DISPOSAL OF RUBBISH AND GARBAGE FROM COMMERCIAL CONSTRUCTION AND INDUSTRIAL (ROLL- OFF) ESTABLISHMENTS, AND CERTAIN RESIDENTIAL PROPERTIES (DIRECT BILL) WITHIN THE CITY. It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2006-070 as submitted. Motion carried unanimously. City Council Minutes 15 July 5, 2006 ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Sniff to adjourn. Motion carried unanimously. Respectfully submitted, ~~.~ JUNE S. GREEK, City Clerk City of La Quinta, California