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2006 10 17 CC Minutes LA QUINT A CITY COUNCIL MINUTES OCTOBER 1 7, 2006 A regular meeting of the La Quinta City Council was called to order. at the hour of 3:30 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with City's legal counsel regarding pending litigation, KSL Land Corporation v. City of La Quinta, et ai, Riverside Superior Court Case No. INC 060133, pursuant to Government Code Section 54956.9(a). 2. Conference with the 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. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:30 p.m. 4:30 P.M. Mayor Adolph led the audience in the Pledge of Allegiance, and thanked everyone for their expressions of sympathy regarding the death of his mother. . Mayor Adolph also introduced Veronica Montecino as the new City Clerk, and welcomed her to the City. PUBLIC COMMENT Jim Engle Jr., 54-760 Avenida Diaz, Dan Callister, 54-855 Avenida Madero, and Mishael Patton, 54-290 Avenida Martinez, members of the Top of the Cove City Council Minutes' 2 October 17, 2006 Neighborhood Association, spoke regarding code enforcement-related issues at the top of the Cove. Ms. Patton commented on the success of the October 7th cleanup day, and expressed appreciation for everyone that participated. She voiced concern about , pet owners not keeping their dogs on leashes nor cleaning up after their dogs, and the amount of illegal dumping in the area. She suggested the access areas be blocked to reduce illegal dumping. Mr. Callister stated they would like to put up signs indicating that the Association .has adopted the top of the Cove, and asking people to help maintain it. Council expressed appreciation for their efforts, and. a suggestion was made to install signs that indicate a fine for littering. The Association was asked to contact the Building & Safety Department as to what is needed for signage. * * * * * * * * * * * Ian Rhodes, 43-905 Milan Court, inquired about the status of the wall to be built behind his property, and voiced safety concerns about traffic on Palm Royale. Mayor Adolph noted a funding agreement is on today's agenda for consideration. In response to Mayor Adolph, City Manager Genovese advised staff is still working with the School District on a number of improvements in the area. * * * * * * * * * * * . 'Andrea Dooley, 54-700 Avenida Obregon, a member of the Top of the Cove Neighborhood Association, complimented staff for their quick response in addressing the- issue of unleashed dogs at the top of the Cove. , CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS . Police Chief Meyer introduced Lieutenant Carl Carter as the City's new Assistant Police Chief. City Council Minutes ~ October 17, 2006 In response to Mayor Adolph, Police Chief Meyer explained the Uniform Crime Report referred to in a recent newspaper article does not apply to the local cities because it is based on populations of 100,000 +. He also pointed out that not all cities report crime statistics in the same way. He stated the City of La Quinta is within the top two or three safest cities in Riverside County, if not the safest. He confirmed most of the crimes in the City are committed by people who live in other areas. Council Member Henderson stated one of her goals for next year's budget is to consider funding a position to help deal with the community perception of crime. Chief Meyer noted one of the biggest challenges of crime prevention in the Cove is the "dark sky" environment. In response to Council Member Sniff, he stated graffiti is usually done by juveniles who are turned over to the juvenile system. As for adding additional School Resource Officers to protect the students at school, he stated he is open to the idea but doesn't feel it's always a deterrent. * * * * * * * * * * * * Mayor Adolph presented a sponsorship plaque he accepted on behalf, of the City from the Prestige Golf Tournament. WRITTEN COMMUNICATIONS 1 . WRITTEN CORRESPONDENCE' FROM MATTHEWS AND SEGOVIA PARTNERSHIP MARKETING, DATED SEPTEMBER 14, 2006, REGARDING SPONSORSHIP REQUEST FOR THE DA VINCI EXPERIENCE. Council concurred to direct staff to send a letter to Matthews and Segovia Partnership Marketing to advise them of the budget process for request of funding. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Kirk to approve the City Council Minutes of October 3, 2006, as submitted. Motion carried with Mayor Adolph ABSTAINING. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 17, 2006. City Council Minutes 4 October 1 7, 2006 2. RECEIVE AND FILE THE TREASURER'S REPORT DATED' AUGUST 31, 2006. 3. RECEIVE AND FILE THE REVENUE AND EXPENDITURES REPORT FOR AUGUST 31, 2006, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2006. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 34243, PASATIEMPO, MADISON 58TH LA QUINTA, LLC. (RESOLUTION NO. 2006-110) 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 34653, LENNAR HOMES OF CALIFORNIA, INC. (RESOLUTION NO. 2006-111) 6. . ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF :,' A FINAl MAP AND . SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 34123, REA LA QUINTA, LLC. (RESOLUTION NO. 2006-112) 7. ,APPROVAL OF A REQUEST FOR PROPOSAL TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE CITYWIDE SPEED LIMIT STUDY, PROJECT NO. 2006-14. 8. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 17, MARCH 21, MAY 16, JUNE 20, SEPTEMBER 19, AND NOVEMBER 14, 2007, 8:00 A.M. TO 2:00 P.M. ,9. DENIAL OF CLAIM FOR DAMAGES FILED BY KATHERINE RODRIGUEZ: DATE OF LOSS - AUGUST 30, 2005. "'." 10.. DENIAL ,OF CLAIM FOR DAMAGES FILED BY ROBIN CIANCIOLO: DATE OF LOSS -DECEMBER 30, 2005. . 11.. . DENIAL OF CLAIM FOR DAMAGES FILED BY JAMES WHITE: DATE OF LOSS - JANUARY 10, 2006. 12. ' APPROVAL OF A REQUEST FOR PROPOSAL TO OBTAIN PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR THE AVENUE 52 AND AVENUE 54 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NOS. 2006-03 AND 2006-09. . 13. APPROVAL OF A REQUEST FOR PROPOSALS FOR THE LA QUINT A SPORTS COMPLEX NEEDS ANALYSIS AND REHABILITATION PLAN. City Council Minutes 5 October 17, 2006 14. APPROVAL OF CONTRACT CHANGE ORDER NO.1 FOR MADISON STREET REHABILITATION IMPROVEMENTS PROJECT (AVENUE 54 TO AIRPORT BOULEVARD), PROJECT NO. 2003-07C. 15. ACCEPTANCE OF EISENHOWER DRIVE STREET IMPROVEMENTS AND APPROPRIATION OF FUNDS TO DESERT SANDS UNIFIED SCHOOL DISTRICT. MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended with Item Nos. 4-6 being approved by RESOLUTION NOS. 2006-110 through 2006-112 respectively. In response to Council Member Henderson, Community Services Director Hylton advised restroom facilities were added this year to the Sports Complex, and any additional need will be considered in the analysis. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF THE VILLAGE PARKING STUDY REPORT AND RELATED WORK PROGRAM ITEMS. Community Development Director Evans presented the staff report. In response to Council Membe'r Kirk, Mr. Evans confirmed the work program may include an evaluation of wayfinding from other parts of the City to Old Town and other City facilities. Council Member Sniff commented on the possibility of identifying other parking areas where people could be shuttled to the Village. Mr. Evans stated a number of transportation alternatives are being considered, including an enhanced golf cart and/or shuttle program. . Mayor Adolph commented on the aesthetics of a future parking structure. He doesn't want it to look like a huge concrete building. He also voiced concern about the reduced number of parking spaces required in developments recently, and wants to be careful with future development in that regard. Mr. Evans advised the parking study will provide the ability to monitor that on a regular basis. City Council Minutes 6 October 17, 2006 MOTION - It was moved by Council Members Kirk/Sniff to approve the Village Parking Study, and direct staff to initiate a work program regarding the recommended tasks. Motion carried unanimously. 2. CONSIDERATION OF AN AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT AND APPROPRIATION OF FUNDS FOR THE INSTALLATION OF A SCREEN WALL ADJACENT TO PALM ROYALE DRIVE. Council Member Osborne abstained from participating on this item because of a potential conflict of interest due to the close proximity of his property. Public Works Director Jonasson presented the staff report. MOTION - It was moved by Council Members Henderson/Kirk to approve a Letter of Agreement with Desert Sands Unified School District (DSUSD), and appropriate funds in the amount of $39,950 for installation of a screen wall adjacent to Palm Royale Drive. Motion carried with Council Member Osborne ABSTAINING. 3. CONSIDERATION OF A SilverRock RESORT COMMITTEE. City Manager Genovese presented the staff report. Council Member Osborne voiced concern about the flow of information in order for Council to be aware of challenges within the process. He suggested utilizing an Ad-Hoc Committee so the Council can play a bigger part in the contractual issues. In response to Council Member Henderson, he noted Council is given a short time frame to review contracts up to 50 pages long, and may not have a good understanding of the performance clauses within those contracts. He feels Council should have more input because the previous project manager contract had some real timeline challenges. . Council Member Henderson commented that she feels Council is obligated to make sure staff is qualified to write these contracts, and that it's not necessary to participate in the development of RFPs. She supports converting the existing Subcommittee to an Ad-Hoc Committee that is structured in a way to avoid Brown Act requirements. In response to Council Member Henderson, City Attorney Jenson advised the existing Subcommittee has the jurisdiction assigned to it, and is currently a general committee about SilverRock. City Council Minutes 7 October 17, 2006 Counci.' Member Osborne stated they currently look at operational issues regarding the Arnold Palmer Classic Course. Council Member Henderson noted the existing Subcommittee sunsets in December, and asked if it would be appropriate to convert it to an Ad-hoc Committee. Ms. Jenson recommended creating a new Subcommittee and disbanding the existing one that includes the Brown Act designation. Council Member Sniff stated he feels the use of "jurisdiction" is inappropriate, and has a legal connotation. He doesn't have a problem changing the existing Subcommittee to an Ad-Hoc Committee, and feels the original motion allowed the Subcommittee to receive information without any decision~making power. He noted some Council Members didn't feel they had complete disclosure. Mayor Adolph noted he and Council Member Sniff supported having Council Members on the Selection Committees, and still want to have input before it comes to Council for a decision. MOTION - It was moved by Council Members Henderson/Osborne to disband the existing SilverRock Resort Subcommittee, and form a Silver Rock Resort Ad-Hoc Committee consisting of Mayor Adolph and Council Member Osborne. Motion carried unanimously. Council Member Sniff stated he supports the Ad-Hoc Committee being able to gather information but not make decisions. Mayor Adolph stated he feels the Committee should also have the opportunity to ask questions. Council Member Henderson. noted the group the Subcommittee has been meeting with once a month, is not the same people involved with Phase II, which is why she never understood the Subcommittee would be discussing Phase II issues. She asked about a meeting schedule. City Manager Genovese explained two separate groups are involved with Si.'verRock issues. The group the Subcommittee has met with consists of Landmark representatives, the Community Services Director, City Manager, and the Public Works Director. The other group is more technically oriented, and could include Consultants Nick Nickerson and Frank Spevacek, and Management Analyst Powell. City Council Minutes 8 October 1 7, 2006 Council Member Henderson suggested delaying the Ad-Hoc Committee until contract negotiations are completed with DOC. Council Member Osborne stated he doesn't want to wait because of the number of Phase II issues going on that the Ad-Hoc Committee should be involved with. Council Member Sniff stated he feels the Ad-Hoc Committee should be broad based and include the entire SilverRock project. Council Member Kirk agreed, and suggested re-evaluating it at the end of December. MOTION - It was moved by Council Members Kirk/Henderson that the SilverRock Resort Ad-hoc Committee's scope consist of information only, including questions and answers, on the golf course and all other, aspects of SilverRock, and that the Committee have a sunset of December 31, 2006. Council Member Henderson stated she feels if RFPs or contracts are ready before the Ad-Hoc Committee is scheduled to meet, that they should come before the Council and not be held up. Council concurred. Motion carried unanimously. Council Member Henderson suggested having all SilverRock issues on a separate agenda in joint session with the Redevelopment Agency so those items can be taken up at the beginning of the 4:30 p.m. session. Council concurred 4. SECOND READING OF ORDINANCE NO. 430. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AN AMENDMENT TO THE LA QUINT A CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.04 (CITY COUNCIL). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 430 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, City Council Minutes 9 October 17, 2006 NOES: ABSTAIN: ABSENT: Mayor Adolph None None None Council recessed at 6:23 p.m. to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS The Mayor and Council Members presented art awards to students of the Boys and Girls Club whose artwork has been displayed at City Hall. PUBLIC HEARINGS 1. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION TO VACATE A 6,682:t SQUARE FEET PORTION OF CALLE BARCELONA EAST OF DESERT CLUB DRIVE. Council Member Kirk abstained from participating on this item because of a potential conflict of interest due to the close proximity of his home to this property. Public Works Director Jonasson presented the staff report, adding that this is an easement and not a fee ownership property. In response to Council Member Henderson, Mr. Jonasson confirmed the City can provide the property as a right-of-way easement but does not have a property ownership position. Council Member Osborne inquired about the zoning, to which Mr. Jonasson responded, "Village Commercial." Mayor Adolph indicated he is in favor of the street vacation as long as the City doesn't have ownership rights to the property. He voiced concern City Council Minutes 10 October 17, 2006 about any future two-story building on the property being too close to the curb line. The Mayor declared the PUBLIC HEARING OPEN at 7:19 p.m. Rob Capitz, 78-810 Citrus, commented on the street vacation making the lots more developable. A. P. "Skip" Lencit, 78-215 Calle Cad;z, requested guidelines or conditions be established to prevent a tunneling effect along Desert Club Drive. He also encouraged the use of single-story structures to transition from the residential to commercial area. ' Mr. Capitz responded that he feels a project that meets the Village Commercial guidelines should be allowed, with or without a second story. He stated he has considered an office-building concept that shares parking with the Arnold Palmer Restaurant but has no development plans at this time. Community Development Director Evans stated the properties abutting Desert Club Drive are zoned Village Commercial, and anything beyond that is residential. There being no further ,requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:27 p.m. In response to Council Member Henderson, City Attorney Jenson confirmed a provision can be included in the resolution of vacation that directs the vacation to occur only after conditions have been satisfied. However, the intent is to deal with things relating to the vacation, such as street improvements. Council Member Henderson suggested the Council could express by consensus that they would appreciate consideration for the environment. Mayor Adolph stated the Dyson & Dyson buildings on Desert Club Drive were approved by the Planning Commission and not the Council. He added he would have major concerns with any two-story construction along Desert Club Drive. City Council Minutes 11 October 17, 2006 MOTION - It was moved by Council Members Sniff/Henderson to adopt RESOLUTION NO. 2006-113 (as submitted), A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, VACATING A 6,682 f: SQUARE-FOOT PORTION OF CALLE BARCELONA EAST OF DESERT CLUB DRIVE (CASE NO. RW-V 2006-015). Motion carried with Council Member Kirk ABSENT. STUDY SESSION - None REPORTS AND INFORMA TIONAllTEMS Santa Rosa/San Jacinto National Monument Advisory Committee - Council Member Henderson reminded everyone that the dedication of the bronze relief map at the top of the Cove will be Friday, October 20th . CV AG Executive Committee - Mayor Adolph reported the Committee voted to send a letter of opposition to the State regarding Proposition 90. Sphere of Influence Subcommittee - Council Member Kirk stated the City is still waiting for a formal response from the County regarding redevelopment funds. City Manager Genovese advised the City's letter to the County was sent about two months ago. Council concurred to direct staff to send another letter to the County under the Council's signature if a response to the previous letter isn't received within a week. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 2. CITY ATTORNEY ANALYSIS OF THE CONTRACT FOR THE ART SCULPTURE AT HIGHWAY 111 AND WASHINGTON STREET. City Attorney Jenson advised the contract indicates that the art piece is owned by the developer until 2021, at which time ownership will transfer to the City. She added the contract allows for alteration, and if the artist does not consent to the alteration, it allows for the artist's name to be removed. The issue of relocation is not addressed in the contract but the artist has City Council Minutes 12 October 1 7, 2006 statutory rights that prevents the' City from mutilating or defacing the artwork, and it's not clear as to whether or not the art piece can be relocated without destroying it. Council concurred to direct staff to contact the developer and artist to seek a solution to this issue, and to provide a report at the next Council meeting. 5-A. REPORT OF CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE SPHERE OF INFLUENCE. In response to Council Member Henderson, Community Development Director Evans confirmed the boundaries referenced in the staff report should be Avenue 52, Jackson Street, Avenue 54, and Monroe Street. The Subcommittee feels these boundaries might be a good area to study for ,three smaller annexations, and the area is outside. of the County's . redevelopment project area. He added not all of the property owners have expressed a desire for immediate annexation. Council Member Henderson referenced the potential of having development plans presented for that area under the 0-4 units per acre General Plan designation, and not being able to down zone the property if Proposition 90 passes. Mr. Evans noted the City is not required to annex land, and may have the ability to deal with land use differently through agreements. Council Member Sniff voiced concern about developments being approved in the area that don't meet City standards. Mr. Evans stated some of the property owners have indicated they plan to wait for annexation before filing final maps. In response to Council. Member Henderson, Mr. Evans confirmed the County development standards are more restrictive than the City's standards. He stated once a letter is received from the County Planning Director on what the County wants in the MOU, staff will edit the MOU, and send it back to the County for consideration by the Board of Supervisors. Council Member Henderson commented on the financial aspects related to annexing property in the County redevelopment areas, and noted redevelopment funds will not cover the costs of police and extended City services. City Council Minutes 13 October 17, 2006 Mr. Evans advised staff has completed fiscal analysis on two separate projects, and is working on solutions to address the financial impacts. Council Member Sniff commented on the importance of working out a tax- sharing agreement with the County as soon as possible, as well as some type of agreement with developers to address the financial impacts. Council Member Henderson noted AB 1 602 is beneficial for cities annexing inhabited areas. She questioned the benefit of being in the Enterprise Zone or Empowerment Zone. Council Member Osborne stated he believes the Enterprise Zone could be a good tool for commercial and industrial-use properties in the sphere of influence area. Council Member Kirk commented that he believes the fiscal issues related to Vista Santa Rosa should be solved before moving forward with strategic plans and transportation studies. Council Member Osborne reported the Subcommittee meetings will be held the second and fourth Wednesdays of each month. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph advised of an inquiry he received from three mothers about the need for a shade structure over the playground equipment at the La Quinta Park. * * * * * * * * * * * Mayor Adolph commented on the need to tighten up City regulations on political signs to limit it to 50 signs per candidate. He noted the existing ordinance allows multiple permits to be issued for each candidate. Council Member Henderson stated she pointed that possibility out some years ago. City Attorney Jenson advised the Code currently allows anyone to take out a permit for up to 50 political signs. Placing a limit on the number of signs a candidate can get a permit for could be a problem if someone else takes out the permit to prevent the candidate from being able to post his or her signs. She is not sure if the City can limit the issuance of permits to candidates only, and voiced concern about the "content-based" ordinance. City Council Minutes 14 October 17, 2006 Mayor Adolph stated he prefers not allowing political signs but at least limiting it to 50 signs per candidate. . Council concurred to direct the City Attorney to research this issue, and report back to the Council. The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting reconvened at 8:58 p.m. 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. Respectf~Uy sUbmittectrd...-------7 /J./ ,/ /___ -/ ' - ~,~ 1>>-- / . /;. /'/,~'J~/-r~?d/l. ?I:;{2:/14<~/',fft/ y /'l/......// /,0____ >/ . .;.7 /:. . VERONICA J. MglNTECINO, City Clerk City of La Quinta, California