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2006 09 05 CC Minutes LA QUINT A CITY COUNCIL MINUTES SEPTEMBER 5, 2006 A regular meeting of the La Guinta 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 Joe Broido, 77-510 Calle Nogales, questioned the appropriateness of Consent Item No. 20 being on the Consent Calendar, and suggested it be moved to the Business Session then continued for two weeks to give the public more opportunity to review the staff report. CLOSED SESSION 1. 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 southwest of the intersection of Highway 111 and La Quinta Centre Drive. Property Owner/Negotiator: Stamko Development Co., Chris Clarke. 2. Conference with City's legal counsel regarding pending litigation, KSL Land Corporation v. City of La Quinta, et ai, Riverside Superior Court Case No. INC060133, pursuant to Government Code Section 54956.9(a}. 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. City Council Minutes 2 September 5, 2006 PUBLIC COMMENT Scott Arthur, 43-845 Milan Court, commented on the removal of the "No Left Turn" sign on Palm Royale and the replacement with a temporary sign indicating "AII Traffic Must Turn Right." He feels left turns should be allowed at Fred Waring until the new traffic signal is installed because traffic is cutting through his neighborhood. He added he thought the new signal was supposed to be installed before the school opened. He also voiced safety concerns about the traffic flow. Public Works Director Jonasson stated he was not aware of the new sign, which may have been placed there by the school. As for the traffic signal, he advised it is not yet funded. DIF fees will cover 50% of the cost but the remaining amount will be the responsibility of future developments adjacent to Fred Waring. In response to Mayor Adolph, Mr. Jonasson stated staff would like an opportunity to observe traffic at the intersection after school has been open for a while to determine if a traffic signal is warranted sooner than anticipated. CONFIRMATION OF AGENDA Council Member Osborne requested Consent Item Nos. 6 and 20 be moved to Business Item Nos. 6 and 7, and that Consent Item No. 7 be taken up separately due to a potential conflict of interest. Council Member Kirk requested Consent Item No. 25 be moved to Business Item No.8, and that Consent Item No. 28 be taken up separately due to a conflict of interest. Ar~NOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented the Finance Director and Finance Department a Certificate of Achievem~nt for Excellence in Financial Reporting from the Government Financial Officers Association. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM SHELDON BRODSKY DATED AUGUST 8, 2006. City Council Minutes 3 September 5, 2006 Sheldon Brodsky stated he is.. proposing the City pay him a fee to come up with some entertainment programs to be held at the Senior Center. He wants to schedule a total of 10 programs to be held every three weeks beginning in November. Council Member Henderson commented on it not being budgeted, and explained the RFP process for hiring consultants. Council Member Kirk suggested it be a part of the needs assessment being conducted by the Community Services Department. Community Services Director Hylton stated she anticipates the needs assessment survey being distributed in September with compilation completed after the first of the year. Council concurred to refer this matter to the Community Services Department to be considered as part of the needs assessment. 2. CORRESPONDENCE FROM POLO AMERICA REGARDING POLO & BALLOON FEST IV AL. Council Member Sniff suggested referring this to staff for more-definitive information. Council Member Henderson noted such items should be submitted prior to approval of the budget, and suggested the possibility of handling it through the Community Services Grant Program. Community Services Director Hylton advised grant applications are scheduled to be considered again in February. In response to Council Member Osborne, Management Analyst Casillas stated marketing requests outside of the marketing budget are not usually reviewed by the marketing committee. She referenced the potential of using marketing contingency funds. Council concurred to refer this matter to the marketing committee for a recommendation and more-definitive information. City Council Minutes 4 September 5, 2006 APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of August 2, 2006, as submitted. Motion carried unanimously. CONSENT CALENDAR 1 . APPROVAL OF DEMAND REGISTERS DATED AUGUST 15 AND SEPTEMBER 5, 2006. 2. . APPROVAL OF A REQUEST BY THE CHAMBER OF COMMERCE TO UTILIZE THE COUNCIL CHAMBERS FOR A CANDIDATE'S FORUM ON OCTOBER 11, 2006, 7:00 P.M. TO 9:00 P.M. 3. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR CONSTRUCTION INSPECTION SERVICES. 4. ACCEPTANCE OF A GRANT OF EASEMENT FOR SECONDARY GATEWAY TREATMENT PURPOSES FROM LENNAR HOMES OF CALIFORNIA, INC.,',A CALIFORNIA CORPORATION, ASSOCIATED WITH THE ESPLANADE DEVELOPMENT, TRACT MAP 29323-1. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32068, THE CITRUS, POMELO PACIFIC, LLC. (RESOLUTION NO. 2006-094) 6. SEE BUSINESS SESSION ITEM NO.6. .. ':" .7 . APPROVAL OF AN AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE WASTE MANAGEMENT DEPARTMENT AND THE CITY OF LA QUINT A FOR 'THE_ HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS AT THE LA QUINT A CORPORATE YARD AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE AGREEMENT. (See separate action below.) '8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION . OF THE ON-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31874-2, CARMELA, TAYLOR-WOODROW HOMES, INC. (RESOLUTION NO. 2006-095) City Council Minutes 5 September 5, 2006 9. ADOPTION OF A RESOLUTION;TO~EXTEND THE TIME FOR COMPLETION OF THE OFF-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31874-2, CARMELA, TAYLOR-WOODROW HOMES, INC. (RESOLUTION NO. 2006-096) 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31874-1, CARMELA, TAYLOR-WOODROW HOMES, INC. (RESOLUTION NO. 2006-097) 11 . ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFF-SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31874-1, CARMELA, TAYLOR-WOODROW HOMES, INC. (RESOLUTION NO. 2006-098) 12. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31249, THE VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. (RESOLUTION NO. 2006-099) 13. DENIAL OF CLAIM FOR DAMAGES FILED BY TIME WARNER CABLE: DATE OF LOSS - JANUARY 17, 2006. 14. DENIAL OF CLAIM FOR DAMAGES FILED BY ALFONSO PENA: DATE OF LOSS - JANUARY 17,2006. 15. DENIAL OF CLAIM FOR DAMAGES FILED BY MARTHA HERNANDEZ: DATE OF LOSS - JANUARY 17, 2006. 16. DENIAL OF CLAIM FOR DAMAGES FILED BY TRACEY ESSARY: DATE OF LOSS - MAY 25,2006. 17. DENIAL OF CLAIM FOR DAMAGES FILED BY VERIZON: DATE OF LOSS -' JUNE 9, 2005. 18. APPROVAL OF ADVERTISEMENT IN 2007 CALIFORNIA VISITOR'S GUIDE. 19. ADOPTION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a} FOR THE SilverRock RESORT ON- SITE AND OFF-SITE NATIVE AND PERIMETER AREA ENHANCEMENTS, PROJECT NO. 2002-07 0 AND CONSENTING TO THE EXPENDITURES. (RESOLUTION NO. 2006-100) 20. SEE BUSINESS SESSION ITEM NO.7. City Council Minutes 6 September 5, 2006 21. APPROVAL TO AWARD A CONTRACT TO DBX, INC., IN THE AMOUNT OF $263,644.00, FOR THE CONSTRUCTION OF THE AVENUE 47 AT ADAMS TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 2005-04. 22. APPROVAL OF A REQUEST FOR PROPOSAL TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2005-03. 23. APPROVAL OF POSITION DESCRIPTION FOR EMERGENCY SERVICES COORDINATOR AND AMENDMENT OF THE POSITION SCHEDULE. 24. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND CODE COMPLIANCE OFFICER II TO ATTEND THE CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS 2006 ANNUAL SEMINAR IN MONTEREY, CALIFORNIA, OCTOBER 4.6, 2006. 25. SEE BUSINESS SESSION ITEM NO.8. 26. APPROVAL OF A FINANCING AGREEMENT BETWEEN THE CITY OF LA QUINT A AND THE LA QUINT A REDEVELOPMENT AGENCY FO~ THE WASHINGTON STREET LAND ACQUISITIONS. 27. APPROVAL OF AN OPERATIONAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE COACHELLA VALLEY VIOLENT GANG TASK FORCE. 28. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP FOR RAISED LANDSCAPE MEDIAN IMPROVEMENTS ON AVENUE 50 AND APPROPRIATION OF INFRASTRUCTURE FUNDS. (See separate action below.) 29. APPROVAL OF AN AMENDMENT TO THE JOINT POWERS AGREEMENT OF TUE. COACHELLA VALLEY CONSERVATION COMMISSION CHANGING THE LIST OF SIGNATORIES FOR THE COACH ELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN AND AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT. MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 6, 7, 20, 25, and 28 and with Item Nos. 5, 8-12, and 19 being approved by RESOLUTION NOS. 2006-094 through 2006-100 respectively. Motion carried unanimously. City Council Minutes 7 September 5, 2006 Item No.7: MOTION - It was moved by Council Members Henderson/Sniff to approve Consent Item No.7, approving an agreement between the City of La Quinta and the County of Riverside Waste Management Department to permit Household Hazardous Waste Collection Programs at the La Guinta Corporate Yard, and authorize the City Manager to sign the agreement. Motion carried with Council Member Osborne ABSTAINING due to a potential conflict of interest. Item No. 28: MOTION - It was moved by Council Members Henderson/Sniff to approve Consent Item No. 28, authorizing the City Manager to execute a Reimbursement Agreement between the City of La Guinta and T.D. Desert Development Limited Partnership, a Delaware Limited Partnership, for raised landscape median improvements to Avenue 50, and appropriate funding from the Infrastructure Fund in the amount of $52,100. Motion carried with Council Member Kirk ABSTAINING due to a potential conflict of interest. BUSINESS SESSION 1 . CONSIDERATION TO APPROVE A SERVICE PROVIDER AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR THE CITY'S REDLlGHT CAMERA ENFORCEMENT PROGRAM, PROJECT NO. 2004-06. Public Works Director Jonasson presented the staff report. City Attorney Jenson referenced a possible typographical error on Page 26 regarding "automated" being eliminated prior to "red light citation." She advised the seven-year contract proposed by Redflex can be terminated with a 30-day notice but the City would still be responsible for any ongoing deficit that occurs if the citation income is insufficient to cover the contractor's monthly fee. If a deficit exists at termination or expiration of the contract, any monies received from an automated red light program over for the next twelve months would be used to pay the deficit, which could restrict the City from changing operators. She noted the, contractor is allowed to cancel the contract if the revenue they receive from the program is less than 50% of thei~ monthly fees for more than six months. An additional concern is the need for the court fees to be broken out separately, which she believes can be done. She recommends having an MOU with CalTrans to make sure the timing of the traffic signals is consistent with the timing requirements set City Council Minutes 8 September 5, 2006 forth in the State Vehicle Code until such time as CalTrans relinquishes control of Highway 111 in La Quinta. In response to Mayor Adolph, Mr. Jonasson stated he anticipates the relinquishment will take six months to a year to complete. Council Member Sniff suggested this item be tabled until the timing is more appropriate. Mayor Adolph commented on timing problems with the traffic signals. Mr. Jonasson advised the City is still abiding by the CalTrans timing requirements. Contract Traffic Engineer Nazir Lalani indicated he has not been able to convince CalTrans to change the current timing. Aaron Rosenberg, representing Redflex, explained the ongoing deficit would be only for photo-enforced citations issued during their contract but not yet processed, and that a deficit typically exists only in the first year of operation. They are willing to revise the language to address any concern about changing vendors. He indicated they changed the beta test period to help recoup the costs of installation and to provide reliable results demonstrating that the program works. As for recouping the unamortized cost, it's only required should a City terminate the contract for convenience, or they can't show the program works effectively and there's insufficient time to recoup the costs. He stated they are willing to discuss the provisions. In response to Council Member Henderson, Mr. Jonasson confirmed this would be a 36-month beta program. Council Member Henderson agreed one year is not long enough to do an analysis but asked why not a two-year program. Mr. Rosenberg indicated a willingness to discuss it but three years is already shorter than their other contracts. Ms. Jenson clarified the importance of the beta test period is the amortization over a seven-year period. Mr. Rosenberg indicated they could adjust the amortization schedule. Council Member Kirk commented on the number of accidents at that intersection and the cost to the City and residents. He voiced concern about the economic impacts, and stated he would like to move forward with the contract in some form. He feels the alternative of putting officers at that intersection is too dangerous. City Council Minutes 9 September 5, 2006 In response to Mayor Adolph, Police Chief Meyer advised that in 2005, approximately 30% of the accidents at that intersection were due to drivers running red lights. The other 70% were attributed to improper turning movements, following too close, and unsafe speed. He referenced Highway 111 and Washington Street being the busiest intersection in the Valley. He advised the camera program would require a significant number of manpower hours to review and process the citations, and he feels the revenue stream from citations is "iffy" at best. He recommended the item be tabled and traffic engineers be given an opportunity to fix the problem. In response to Council Member Henderson, Chief Meyer stated he feels everyone agrees there is a problem with the sequencing of the traffic signal lights, and if changing the timing doesn't work, this can come back to consider as an enforcement issue. He noted the effectiveness of the camera program would be reflected in the reduced number of citations and revenue stream to pay for the monthly fee. Although it's a valuable program if an intersection is identified as a redlight running problem, he isn't convinced it is at this intersection. He also questioned the wisdom of using the cameras for only two directions instead of all four. Council Member Henderson commented that she has been supportive of the program but is now disappointed. She feels the cost would be inappropriate until the issues related to the timing of the left-turn signal are fixed. She noted the monthly fee to implement the program for this intersection is $12,000, and the amount generated from citations throughout the City is only $11,000. She supports the program being left on the table for future consideration, and continued efforts made to get CalTrans to change the timing. Council Member Osborne stated he is also disappointed, and agrees with tabling the matter for now. MOTION - It was moved by Council Members Sniff/Osborne to table consideration of an agreement with Redflex Traffic Systems for Redlight . Camera Enforcement Program, Project No. 2004-06. Motion carried unanimously. 2. CONSIDERATION OF AN ART PURCHASE AGREEMENT FOR THE DESIGN OF THE LIBRARY BUS STOP. Community Services Director Hylton presented the staff report. Council Member Sniff suggested changing the design to a scholarly owl with books. City Council Minutes 10 September 5, 2006 In response to Council Member Kirk, Ms. Hylton confirmed both designs meet Sun Line's requirements, and indicated Sun Line w,i11 be using this agreement as an example for other cities. Mayor Adolph commented on the need for the shelters to provide afternoon shade, and voiced theft and vandalism concerns. William Ware explained hoVV bolts would be used to avoid theft and vandalism problems. In response to Council Member Henderson, Mr. Ware confirmed he discussed an idea proposed by one of the residents but it was not feasible with this budget. Council Member Henderson spoke in support of Mr. Ware's design, and indicated she doesn't have a problem with using either the raven or owl for the artwork. Council Member Kirk stated he likes Mr. Ware's proposal, and agrees with changing the raven to an owl. Kay Henkel reviewed alternatives and color options for her design, and explained the design would utilize the existing roof. Council Member Osborne stated he feels Ms. Henkel's design IS more representative of the library. Council Member Sniff spoke in support of using Mr. Ware's design with an owl. Mayor Adolph stated he likes both designs but feels Mr. Ware's design would provide more shade, and suggested adding something on the east side to represent the library. MOTION - It was moved by Council Members Kirk/Henderson to approve an Art Purchase Agreement in the amount of $79,555 with William Ware for the design of the library bus stop, replacing the raven with an owl and requesting the artist to consider iconic images representing a library. Mayor Adolph stated Council will leave it up to the artist to come up with something visual on the east side of the shelter. Motion carried with Council Member Osborne voting NO. City Council Minutes 11 September 5, 2006 Council concurred to take up Item No.4 at this time. 4. CONSIDERATION OF A CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE SPHERE OF INFLUENCE. Community Development Director Evans presented the staff report. In response to Council Member Henderson, Mr. Evans advised the comments from the County on two tract map applications indicate they do not like the design. They are requesting a reduction in the density and wider buffers, which currently range from 80-150 feet as proposed by the developer. The County is currently waiting for adoption of the Task Force's recommendations on their existing general plan but until then they are using what currently exists to guide their comments, and are recommending one dwelling unit per acre. Council Member Kirk stated he believes the current zoning for that area is one dwelling unit per five acres. Council Member Henderson pointed out that the Vista Santa Rosa (VSR) Community Plan Concept attached to the staff report is only a draft and subject to change. In response to Council Member Kirk, Mr. Evans advised the City's comments on the MOU have been forwarded to the County but the County is still waiting for the other cities' comments. He noted staff has suggested a provision be added in the agreements for unique features for each city. He stated he anticipates the MOU being in place before the end of the year. He confirmed the Task Force has been empowered to provide recommendations to the County, and that there are elements of what the County is doing that may be a duplicate of the City's strategic planning process. In response to Council Member Osborne, Mr. Evans stated it's his understanding that the Task Force meetings are open to the public but that only Task Force members and County and City staff have attended. Council Members Henderson and Kirk both commented that they have been told people were kept out of the meetings. In response to Council Member Osborne, Mr. Evans stated if the Council would like to be involved in the Task Force meetings, it's staff's recommendation that a Council Member be appointed to attend the meeting when the County's summary recommendations on the concept map are City Council Minutes 12 September 5, 2006 presented. He feels Council presence at all of the meetings would change the dynamics of the group. Council Member Osborne inquired about the County's medium-density residential zoning designation, and stated he wants to be sure of what the designations represent. Mr. Evans stated he doesn't believe the Task Force members fully understand the designations, and that the concept is the first cut at trying to meet some of the existing visions. Council Member Sniff stated he feels the issue of primary importance is participation on a subcommittee. He is not convinced Council representation on the Task Force is a bad thing, and feels it would provide an opportunity to have some influence and provide input upfront as to what the Council thinks regarding development in the area. He feels the Council should be involved in a meaningful way as soon as possible in order to influence, if not significantly direct, this process. Mayor Adolph stated he agrees with the need for Council involvement with the process. He referenced the County's comments on parkway landscaping in lieu of landscaped medians, and stated he is not supportive of putting in rural roads to have wider parkways. He feels it's important to design for the future, and that it would be a major problem if the area is not designed with wider streets with medians. He believes both are important. Council Member Henderson commented that she is not comfortable having two Council Members provide significant input at the Task Force meetings on what the Council thinks because the Council has yet to make decisions on these issues. She doesn't have a problem sending a Council Member to attend the Task Force meeting when the County presentation is made but otherwise feels it's better for the current group, consisting of farmers, landowners, developers, and VSR residents, to continue meeting with a staff person present. She feels Council should start addressing these issues in order to give direction to the new strategic planner that will soon be hired. Council Member Kirk commented that he feels County Supervisor Wilson must not be concerned about changing the dynamics of the Task Force because it was his suggestion to add the two Council Members. He feels there is value in having one or two Council Members attend the Task Force meetings but is more concerned about having subcommittee participation in the MOU negotiations and the strategic work plan. He voiced concern about duplicated efforts related to the County and City work plans, and stated he City Council Minutes 13 September 5, 2006 would like to see the Councilor a subcommittee involved in more of the week-to-week decisions related to annexation. Council Member Osborne stated his main focus is that Council is kept informed of the Task Force issues. He agrees with creating a subcommittee and having one or two Council Members on the Task Force. Council Member Sniff recommended a study session be held at an early date to come up with a consensus as to what the Council wants and how to accomplish it. He stated he supports Option 2'0 MOTION - It was moved by Council Members Sniff/Osborne to: 1) go with Option 2 and appoint Council Member Osborne to attend, along with the Community Development Director, appropriate meetings of the Vista Santa Rosa Task Force, and report back to the City Council, and 2) direct staff to schedule a study session at an early date to begin internal discussions as to what direction Council wants to take regardil)g the sphere of influence issues. City Manager Genovese noted Option 2 includes appointing a subcommittee as referenced in Option 1. Council Member Osborne suggested Council Member Kirk be appointed to the subcommittee to work with staff, and he would serve as the subcommittee representative to attend the Task Force meeting. In response to Council Member Henderson, Mr. Evans confirmed the subcommittee would be working on the strategic plan, MOU, etc. and attending the Task Force meeting. Council Member Kirk suggested the subcommittee work with staff to help set the agenda for the study session. Mr. Genovese stated he understands the motion includes appointing Council Members Kirk and Osborne to serve on a subcommittee to work on the work plan and MOU, and directing Council Member Osborne to attend the Task Force meetings. For clarification, the motion is restated as follows to include both Option 1 and 2: City Council Minutes 14 September 5, 2006 RESTATED MOTION - It was moved by Council Members Sniff/Osborne to: 1) appoint Council Members Kirk and Osborne to serve on a Council Subcommittee to work directly with the City Manager on the City work program and assist in reviewing the Vista Santa Rosa Task Force programs and recommendations with the subcommittee efforts to be completed by December 31, 2006, and the Community Development Director participating in the Task Force; 2) assign Council Member Osborne to attend the Task Force meetings when the County Planning staff presents their summary recommendations; and 3) direct staff and the subcommittee to bring this issue back in a study session at an early date to begin internal discussions as to what direction Council wants to take regarding the sphere of influence issues. Motion carried unanimously. Council concurred to take up Item No.7 at this time. 7 . CONSIDERATION OF APPROVAL OF AN AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE WITH VILLAGE RESORT, LLC, A SUBSIDIARY OF CHICAGO TITLE, FOR THE EMBASSY SUITES HOTEL LOCATED AT 50-777 SANTA ROSA PLAZA. (This item was moved from Consent Item No. 20.) City Attorney Jenson advised she would not be participating in this item due to her office doing work for Chicago Title, and that special counsel Jim Vaughn, of Zeilinga, Stowell, and Vaughn, is present to answer legal questions. Assistant City Manager O'Connor presented the staff report. In response to Council Member Henderson, Mr. O'Connor confirmed the casitas portion of the project is not part of this agreement. Mayor Adolph stated he has heard the hotel planned to open in January but would open earlier if they received financial assistance from the City. He commented he has a problem giving them money because he doesn't feel they need it to get the hotel open. Joe Broido, 77-510 Calle Nogales, expressed appreciation for this item being moved to the business session but noted he also requested the item be continued for two meetings to give the public an opportunity to review the staff report. He asked how much has been spent on legal fees on this matter and how much time has been spent, who provided legal counsel during the closed sessions, and who was present on behalf of Chicago Title City Council Minutes 15 September 5, 2006 and the Embassy Suites. He indicated if Hilton or the Embassy Suites is the operator, he believes they will open at the earliest possible date because of their investment. He asked how many hours have been spent in closed session without any reporting to the public on this matter, and why the Council wants to give them money. He commented about negotiations with the prior developer being for a loan and not a gift of a million dollars as currently proposed. He feels La Guinta has always been somewhat of a "company" town; first with the La Guinta Hotel then KSL and now Hilton Hotels. He believes the money could be used to pay other expenses in the City. Kay Wolff, 77-227 Calle Ensenada, commented on the item being placed on the Consent Calendar, and the number of times it has been in closed session without public input. She questioned why Council would now consider a million dollar agreement when they didn't see the need before. She doesn't feel a symbolic gesture is necessary, and recommends the Council wish them well, and tell them they don't need the City's money. MOTION - It was moved by Council Members Osborne/Henderson to approve an Agreement to share Transient Occupancy Tax (TOT) revenue .with Village Resort, LLC, a subsidiary of Chicago Title ("Village Resort") for the Embassy Suites Hotel ("Hotel") located at 50-777 Santa Rosa Plaza. Council Member Henderson commented that there has been a lot of frustration expressed during the closed sessions, and noted nothing was reported because no action was taken. She noted the City has assisted other entities with tax sharing in order to improve amenities in the community, and stated she feels the opening of the hotel is important to the Village. She agreed it would probably open without this agreement. She stated the rebate is an economic development tool that is based on revenue to be generated by the hotel, and it provides a certain amount of se~urity that the hotel will open. As for negotiations with the previous developer, she stated they were complicated. The Council realized he needed help, and it was not a matter of saying "No" to him and "Yes" to a major corporation. She feels the Council has tried their best to get the facility open, and she supports this as a positive step forward. Council Member Kirk stated he supports the motion. Although it's somewhat distasteful for the City to subsidize any business, he feels the hotel is important to the Village. He feels this agreement is better than previous deals, and an improvement over Chicago Title's initial request for $3.5 million. He inquired about the posting of the agenda and availability of staff reports. City Council Minutes 16 September 5, 2006 City Manager Genovese advised the staff report was available late Friday after being released to the City Council. Council Member Kirk commented on holiday weekends making it somewhat problematic to make staff reports available, and the possibility of posting them on the City's website. He stated he is supportive of getting the hotel open quickly. Council Member Sniff noted the rebate amount has been significantly reduced, and that the hotel must operate under certain conditions for a consistent period of time to receive it. He commented on the benefits of the hotel, and stated he supports the current proposal. Mayor Adolph stated he doesn't believe the rebate is an incentive to get the hotel because it's already here. He stated he felt the previous developer needed help to get the hotel open but believes Chicago Title will open the hotel with or without the City's help. He stated he cannot support the City providing financial assistance when it's not needed. Council Member Osborne referenced a memorandum with a revised recommendation and restated the motion as follows: RESTATED MOTION It was moved by Council Members Osborne/Henderson to approve the revised agreement, subject to review and approval by the City Manager and the City's legal counsel, of supporting documentation that illustrates the relationship between Chicago Title Insurance Company and Village Resorts LLC, including without limitation, Village Resort's Operating Agreement and a conformed copy of its most recently-filed Statement of Information. Motion carried with Mayor Adolph voting NO. Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None City Council Minutes 17 September 5, 2006 PUBLIC HEARINGS 1 . PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION TO VACATE A 420:t SQUARE-FOOT PORTION OF CALLE T AMPICO NEAR A VENIDA VILLA. Public Works Director Jonasson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:06 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:06 p.m. RESOLUTION NO. 2006-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, VACATING A 420:t SQUARE-FOOT PORTION OF CALLE TAMPICO NEAR AVENIDA VILLA (CASE NO. RW-V 2005-013). It was moved by Council Members Kirk/Osborne to adopt Resolution No. 2006-101 as submitted. Motion carried unanimously. BUSINESS SESSION . . . . . . . . . . continued 3. CONSIDERATION OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING ON THE COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN REGARDING "MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD" TO PROVIDE AN EXTENSION OF THE CURRENT MOU UNTIL AUGUST 31, 2007. Community Development Director Evans presented the staff report. Council Member Henderson voiced concern about signing any document of this nature because of Proposition 90 on the November ballot. City Attorney Jenson stated when she spoke to Michelle at CV AG about it, she indicated they would deal with it if it passes. She advised of language in Proposition 90 that prohibits government from taking or damaging private property without just compensation, and its definition of damage is much broader than what currently exists in the State Constitution. It states damage includes government actions resulting in substantial economic loss to private property and cites examples such as: down-zoning of private property; elimination of access; and limitation on use of private air space As for the MOU, she feels the pay-and-you-go fee is a plus value to the City Council Minutes 18 September 5, 2006 property, and that an argument can't be made that the MOU is a, negative. Her concerns relate more to the Multi-Species Habitat Plan (MSHP) because it may be difficult to say a property has not suffered damage pursuant to these provisions. She has a problem with language in the MOU about using best efforts not to approve projects that are determined through the interim project review process to be inconsistent with the MSHP conservation objectives. . She noted, under the plan, that determination is supposed to be made by the City Council. If the initiative passes, she feels it will be important to take a close look to see whether or not a plan like the MSHP will work under this. She doesn't have a problem with the MOU without the language but with it she has concerns about what it means for people in conservation areas. Mayor Adolph indicated he has voiced concern about this at the Executive Board meeting, and requested CV AG look into it because it could have major financial impacts on the cities. Ms. Jenson advised the resolution used to adopt the plan had one out, which is if the Council action results in inverse condemnation, they don't have to deny the project. She commented on the need to craft language that will limit liability should Proposition 90 pass. Her preference is Option 1, striking the sentence and initialing it. She isn't sure what effect it will have on the Fringe-Toed Lizard issue. The City could be in the position of having to do project-by-project biological studies. Mr. Evans noted if California Fish & Game decides there is no MOU because of striking out the language, CV AG can negotiate with the State to eliminate the language. Council Member Kirk asked if the other cities have made, or plan. to make, changes to the MOU, and has the potential for changes been discussed with CVAG. Mr. Evans stated staff has not discussed the potential with CVAG, and he is not aware of any changes by other cities. Council Member Kirk commented on Section 5 being the only risk area in La Quinta, and being the most risk-adverse city in regard to the MSHP for having the least amount of risk, except for maybe the City of Indian Wells. He doesn't understand the purpose of spending so much time and energy on such a low-risk matter. Council Member Henderson noted there could be a cost liability factor for all of the cities if one of them is involved with litigation on this matter. City Council Minutes 19 September 5, 2006 Council Member Kirk commented on government being so controlled by liability fears that it spends a lot of time and energy on matters that it shouldn't, such as this. Mayor Adolph noted a number of changes were' made to the MSHP that were proposed by City staff legal counsel. He feels the City ,is adamant about protecting the cities from backlash on the MSHP, and that the money was well spent for the entire Valley. Mr. Evans explained staff's caution about the language is because of how some property owners have indicated they are being treated by Fish & Wildlife. He feels it's rare for a negative finding such as this to be written into legislation and completely opposite of how he feels government documents should be written. He advised staff from some of the other cities have indicated they don't have time to read these documents but La Quinta staff takes the time, and will continue doing so until told to do different. Council Member Henderson asked if the permit would still be valid without the City's membership. Ms. Jenson stated if the permit is revoked, she expects they would try to revoke it in the City's jurisdiction. In response to Council Member Osborne, Ms. Jenson confirmed CV AG would probably allow this to come back to the Council for further consideration if they don't accept striking the language. Council Member Sniff left the dais during consideration of this item due to illness, and was not present when action was taken. MOTION - It was moved by Council Members Osborne/Kirk to approve the Amendment to the Memorandum of Understanding on the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan and authorize the Mayor to execute the Amendment, striking out the language #...and.the Cities and the County sha/I use best efforts not to approve development in Conservatio.n Areas that is determined through the Interim project Review process to be inconsistent with the MSHCP Conservation Objectives" and direct the Mayor to initial the strikeout. Motion carried with Council Member Sniff ABSENT. City Council Minutes 20 September 5, 2006 5. CONSIDERATION OF A RESOLUTION AMENDING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED 'FUNCTIONS AND ACTIVITIES. City Manager Genovese presented the staff report. Mayor Adolph noted the time change would be for a trial period that can be changed back if it doesn't work out. In response to Council Member Osborne, Mr. Genovese clarified study sessions would be held prior to the regular 3:30 p.m. meeting time. Starting at 4:30 p.m. to 6:30 p.m. would allow two hours for the open business session with closed session being at 3:30 p.m. Council Member Osborne stated continuing items to the following day would be a problem with his work schedule. Mayor Adolph noted Council would always have the option of continuing past 10:00 p.m. if needed. Council Member Kirk stated he feels the 10:00 p.m. deadline is intended to be a guideline to avoid having people wait in the Council Chambers until 1 :00 a.m. Council Member Henderson stated she feels it would be fair at some point during the evening session for the Mayor to announce an estimated time for the meeting to end so people can leave instead of waiting. She suggested trying it for three meetings then coming back on an agenda for discussion. She commented on the amount of business the City has to handle, and stated she isn't sure the business session can be handled in two hours but is willing to try it. Council Member Sniff questioned Council being able to give public issues proper attention if their eyes are on the clock. He views the proposed changes as unnecessary and somewhat self-serving, and rejects the changes. He suggested an alternative solution would be for each Council Member to cut down on their comments and for the interview process to be compacted. He voiced concern about changing the basic outline and format that has been in place for years, and stated he doesn't know how the Redevelopment Agency and Financing Authority would fit in with the changes. He feels there is a lack of logical consistency in having the meeting start at different times. Mayor Adolph commented on late meetings being difficult on staff who have to be at work early the next morning. City Council Minutes 21 September 5, 2006 Council Member Kirk agreed Council can always go back to the former format if the changes don't work. Council Member Sniff left the dais during discussion of this item due to illness, and was not present when action was taken. RESOLUTION NO. 2006-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2006-102 as submitted, accepting the subcommittee's recommendation to change the start time to 3:30 p.m. for closed session and 4:30 p.m. for open session for a trial period of three meetings and reconsider and evaluate the time change at the fourth meeting. Motion carried with Council Member Sniff ABSENT. 6. CONSIDERATION OF APPROVAL OF AN ART PURCHASE AGREEMENT WITH VIGALL ART FOR THE DESIGN AND CONSTRUCTION OF THE ARCH SCULPTURE ADDITION. (This item was moved from Consent Item No.6.) Community Services Director Hylton presented the staff report. Council Member Osborne inquired about how the quail would be attached to keep them from being broken off. Tim Vigallon, the artist, stated the pieces can be cemented from the bottom and welded at the top. He confirmed the pieces will be flat but offset to provide a three-dimensional effect. Council Member Henderson noted children sometimes play in the area, and voiced concern about them getting hurt. Mr. Vigallon stated the pieces will be thick stainless steel, and rounded on the edges. Council Member Henderson suggested one of the pieces be situated in front of the arch so that the quail's head is centered to the post. City Council Minutes 22 September 5, 2006 In response to Council Member Sniff, Mr. Vigallon stated he understood the intent was to look like the City logo, which is why he proposes the trees being green. Council Member Kirk noted 12-gauge steel wouldn't be easily removed and asked about intentional damage. Mr. Vigallon stated he would be able to repair it, and commented on how the various pieces would be secured. Council Member Sniff left the meeting during discussion of this item due to illness. MOTION - It was moved by Council Members Henderson/Kirk to approve the Art Purchase Agreement in the amount of $9,000 with Vigall Art for the design and construction of the Arch Sculpture addition. Motion carried with Council Member Sniff ABSENT. 8. CONSIDERATION OF APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSAL FOR THE REDESIGN AND DEVELOPMENT OF THE CITY OF LA QUINTA WEBSITE. There were no changes to the staff report as submitted and on file in the City Clerk's Office. In response to Council Member Kirk, Finance Director Falconer stated he agrees the insurance requirements could discourage some people from submitting proposals but advised the requirements are normal for City business licenses. As for the list of tasks and need to allow creativity, he stated he pelieves the intent is to give the responders an idea of what the City is looking for. The committee is not looking for a "cookie-cutter" design but something that is different from other websites. He indicated he is not aware of any provision that would prohibit current consultants, such as Kiner Communications, from submitting a proposal. He stated staff would be open to adding someone from the private sector to the Selection Committee if Council wishes. Council Member Osborne stated he likes the idea of having someone from Kiner Communications on the Selection Committee. City Council Minutes 23 September 5, 2006 Mr. Falconer advised the RFP will 'be sent to a number of firms on the vendor list, and Kiner Communications has voiced an interest in bidding on this. Therefore, it wouldn't be appropriate to have them on the Selection Committee. City Manager Genovese suggested the Council could direct him to add someone to the Selection Committee once it is known that they haven't responded to the RFP. As for the list of tasks, it's primarily to make sure the vendors are aware of the cOllJplexity and level of needs. Council Member Kirk asked if posting staff reports on the website would be included in the RFP. Mr. Falconer stated that is an option already available. MOTION - It was moved by Council Members Kirk/Henderson to: 1) approve distribution of the Request for Proposal for redesign and development of the City of La Quinta website; 2) direct the City Manager, after the responses to the RFP have been received, to identify a non-governmental employee to help with the selection process; and 3) modify the Scope of Work to include posting of staff reports. Motion carried with Council Member Sniff ABSENT. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CV AG Human & Community Resources Committee - Council Member Osborne reported he has voiced opposition to the Homeless Task Force becoming a standing committee instead of an advisory committee. He indicated members of the Task Force were allowed to participate in the Committee vote. A brief discussion ensued regarding the potential new committee and the allowance of non-members to participate in the vote. Council concurred to direct Council Member Osborne and the City Manager to draft a report in opposition for Council Member Osborne to take to the next HCRC meeting. * * * * * * * * * * * * * All other reports were noted and filed. City Council Minutes 24 September 5, 2006 DEPARTMENT REPORTS 3-B. MEETING SCHEDULE FOR JOINT CITY COUNCIL/COMMISSION MEETINGS. Council directed staff to schedule a Joint City Council/Commission meeting for October 24, 2006 at 5:00 p.m. 3-C. VOLUNTEER POLICE AND FIREFIGHTERS' ANNUAL DINNER AND HOLIDAY OPEN HOUSE. Council concurred to select Wednesday, November 1,2006, for the Police' and Firefighter's annual dinner, and directed staff to look into using Embassy Suites or Palmer's Restaurant for the event. Council also selected Thursday, December 7, 2006, for the Holiday Open House. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING ART IN PUBLIC PLACES PROGRAM. Council Member Kirk suggested looking into the possibility of removing the artwork at the northeast corner of Highway 111 and Washington Street. After a brief discussion, Council concurred to direct staff to review the original contract, and bring it back to Council to discuss possible removal/relocation. * * * * * * * * * 2. DISCUSSION REGARDING CAL TRANS. Council Member Osborne spoke regarding the difficulty of working with CalTrans on various projects, and suggested sending letters to State representatives to help with the issues. City Manager Genovese requested one week to sort through the issues before sending the letters. . Council Member Henderson commented on the new Director of CalTrans' desire to improve their relationship with cities, and stated she will try to facilitate a meeting between the City and the CalTrans staff member that participates in RCTC to try to address these issues. City Council Minutes 25 September 5, 2006 Council recessed to the Redevelopment Agency meeting and 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, ~o ~L ---J.L~~ DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California