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2006 11 21 CC Minutes LA QUINT A CITY COUNCIL MINUTES NOVEMBER 21,2006 City Clerk Montecino announced at 3:00 p.m. that the meeting would not be called to order until 4:00 p.m. due to lack of a quorum. An adjourned meeting of the La Quinta City Council was called to order at the hour of 4:00 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION 1. 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 southeast of the intersection of Highway 111 and La Guinta Centre Drive. Property Owner Negotiator: Joe Riso. 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 Guinta Centre Drive. Property Owner/Negotiator: Stamko Development Co., Chris Clarke. 3. Conference with labor negotiators Ski Harrison, John Falconer, and John Ruiz, regarding negotiations with the La Guinta City Employees Association and unrepresented management and confidential employees pmsuant to Government Code Section 54957.6 - Meet and Confer Process. 4. Conference with labor negotiators, Ski Harrison and Thomas P. Genovese, regall'ding negotiations with City of La Guinta unrepresented employees: Building & Safety Director, City Clerk, Community Development Director, Community Services Director, Finance Director, and Public Works Director; pursuant to Government Code Section 54957.6. Mayor Adolph led the audience in the Pledge of Allegiance. City Council Minutes 2 November 21, 2006 CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Kirk to approve the City Council Minutes of October 24, 2006, as submitted. Motion carried unanimously. Mayor Adolph advised of the need to make a correction on Page 7 (Sun Line Transit Agency report), changing it to read, ".... the union is not happy with the outcome. II MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of November 7, 2006, as amended (see correction above). Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 21, 2006. 2. RECE!VE AND FILE TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED SEPTEMBER 30, 2006. 3. RECEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORT DATED SEPTEMBER 30, 2006. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY ZAIDA BEDELL: DATE OF LOSS - APRIL 20, 2006. 5. ADOPTION OF A RESOLUTION ACCEPTING CASH DONATIONS FROM RUTAN AND TUCKER, ROSENOW SPEVACEK GROUP INC., AND NAI CONSULTING INC. FOR THE EMPLOYEE AWARDS BANQUET. (RESOLUTION NO. 2006-116) City Council Minutes 3 November 21, 2006 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 301331, ALTHEA COURT, TRANS WEST HOUSING, INC. 7 . AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE GOLF & PARKS MANAGER TO ATTEND THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA'S INTERNATIONAL GOLF INDUSTRY TRADESHOW AND CONFERENCE HELD IN ANAHEIM, CALIFORNIA, FEBRUARY 19-23, 2007. 8. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31910, CAPISTRANO, LA GUINTA 57 ESTATES, INC. (RESOLUTION NO. 2006-117) 9. APPROVAL OF CONTRACT CHANGE ORDER NO.9, AND ACCEPTANCE OF AVENUIE 52 STORM DRAIN IMPROVEMENTS, PROJECT NO. 2005-10. 10. APPROVAL OF FISCAL YEAR 2005/2006 CITY OF LA GUINTA DEVELOPMENT PROJECT FEE REPORT. 11. APPROVAL OF FISCAL YEAR 2006/2007 CITY OF LA GUINTA ART IN PUBLIC PLACE:S ANNUAL REPORT. 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH OMNIS INCORPORATED TO UPDATE THE CITY'S PAVEMENT MANAGEMENT PROGRAM (PMP), PROJECT 2006-12. 13. APPROVAL OF CONTRACT CHANGE ORDER NO.2, AND ACCEPTANCE OF. FISCAL YEAR 2003/2004 TRAFFIC SIGNAL IMPROVEMENT PROGRAM AT DUNE PALMS ROAD AND DESERT CREST DRIVE AND. AT MILES AVENUE EAST OF VERBENA DRIVE, PROJECT NO. 2003-15. 14. ADOPTION OF A RESOLUTION SUPPORTING THE EFFORTS OF THE UNIVERSITY OF CALIFORNIA RIVERSIDE (UCR) FOR A SCHOOL OF MEDICINE. (RESOLUTION NO. 2006-118) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item Nos. 5, 8, and 14 being approved by RESOLUTION NOS. 2006-116 through 2006-118 respectively. Motion carried unanimously. City Council Minutes 4 November 21, 2006 Council Member Osborne spoke regarding the change order in Item No.9, and questioned why accurate utility records were not available. Public Works Director Jonasson explained some of the utilities had to be worked around things for SilverRock before it was apparent a 54-inch storm drain would have to be installed. BUSINESS SESSION 1 . CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2006. Finance Director Falconer presented the staff report. Mike Harrison, Conrad & Associates, gave a history of the firm, a description of services provided, and reviewed the Comprehensive Annual Financial Report. In response to Council Member Henderson's inquiry of re-designating the equipment replacement fund, Finance Director Falconer stated the Council may wish to add other funds at the mid-year budget process. Council Member Osborne questioned the dates of the Unqualified Statement and cover letter. Finance Director Falconer explained the documents are dated as of the date the auditors left the field. Council Member' Osborne requested to receive the Report in advance to provide Council more time for review. In response to Council Member Kirk, Finance Director Falconer explained the Vehicle License Fee included with the property tax revenue and calculated under the old system which is based on population. MOTION - It was moved by Council Members Sniff/Henderson to approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2006. Motion carried unanimously. 2. CONSIDERATION OF APPOINTMENT TO THE COACH ELLA VALLEY ASSOCIATION OF GOVERNMENT'S (CVAG) HOMELESS TASK FORCE. City Manager Genovese presented the staff report. City Council Minutes 5 November 21, 2006 MOTION - It was moved by Council Members Henderson/Kirk to appoint Mayor Adolph to represent the Council at the December 6, 2006 Task Force meeting and agendize for the December 5, 2006 meeting for reconsideration of appointment. Motion carried unanimously. 3. CONSIDERATION OF CORRESPONDENCE FROM ERIC BROWNSON DATED NOVEMBER 1, 2006, REGARDING NAMING OF THE HOLIDAY TREE LIGHTING CEREMONY. City Manager Genovese presented the staff report. Eric Brownson, 56-385 Village Drive, requested the, Council consider calling the event the Christmas Tree Lighting Ceremony. MOTION - It was moved by Council Members Sniff/Kirk to name the even~ as the Christmas Tree Lighting Ceremony. Motion carried unanimously. STUDY SESSION - None REPORTS AND INFOIRMA TIONAL ITEMS CV AG Committee Reports - Council Member Kirk stated the Transportation and Public Safety Committees did not have a meeting; and reported the medical marijuana legislation continues to be an issue. Animal Campus Commission - Council Member Henderson reported the County is moving forward with implementing the micro-chipping program and cities are looking into adopting an ordinance for the program. Jacqueline Cochran Regional Airport Authority - Council Member Henderson attended the meeting on behalf of Council Member Osborne, and reported the Authority discussed preparing a more detailed budget for next year's Air Show; and interactiqn with the County land use policy of the General Plan Department. League of California Cities - Council Member Henderson reported the State Board discussed Proposition 90 eHorts of defeat, and stated Mr. Howie Rich has contacted consultants to run in the next election; and stated the League is working with the BIA and Jarvis Association to make a legislative correction to the proposition. City Council Minutes 6 November 21, 2006 C.V. Conservation Commission - Council Member Sniff reported the Commission will receive $36 million in July 2007, and will have to leverage the use of funds . with partnerships. The funds will be dispersed in increments during the next three years. Sphere of Influence Subcommittee - Council Member Osborne reported many land owners and developers thoughts are that they can work with the County plan; working on financial issues; RBF Group is conducting public forums. Mayor Adolph announced Costco is opening November 22, 2006, at 7:30 a.m. and stated two police officers will be directing traffic for the event. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 3-B. REPORT ON LESLIE MOURIGUAND'S RESIGNATION FROM THE HISTORIC PRESERVATION COMMISSION, AND AUTHORIZATION TO ADVERTISE FOR APPLlCA TIONS. The City Council concurred to direct staff to report back regarding the residency requirement for appointment and the qualifications of current applicants. 5-A. REPORT OF CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE SPHERE OF INFLUENCE. Community Development Director Evans gave the report and stated the RBF Group is conducting a series of meetings for the public in December and is anticipating bringing back the issue at a joint meeting with the City Council/Planning Commission on December 19, 2006. The City Council concurred to schedule the issue for Council discussion on December 19, 2006 in the evening. Council Member Kirk requested an update of the process with the County. Community Development Director Evans reported the County has completed the certified audit of the Redevelopment Agency relating to the financial element of the annexation of Vista Santa Rosa and staff is reviewing the audit and compiling a specific financial proposal to submit to the County. City Council Minutes 7 November 21, 2006 Building & Safety Department Report for October 2006 - CouncH Member Henderson thanked the agencies involved with the expansion of City Hall and the monthly Executive Reports; and questioned how the construction site will affect the Art Show. Building & Safety Director Hartung stated staff is working with the Arts Foundation to accommodate the Art Show. At 5:53 p.m. the Council recessed to the Redevelopment Agency meeting. At 5:56 p.m. the Council reconvened and recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1 . PUBLIC IHEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL CERTIFYING A NEGATIVIE DECLARATION FOR ENVIRONMEINTAL ASSIES'SMENT 2006-576, AND APPROVING GENERAL PLAN AMENDMENT 2006-108, AND ZONE CHANGE 2006-130 (PRE- ANNEXA TIOIN ZONING) FOR THE PROPERTY LOCATED NORTH OF THE CURRENT CITY LIMITS, EAST OF WASHINGTON STREET. APPLICANT: CITY OF LA GUINTA. Assistant Planner Franco presented the staff report and stated the land use is designated for high density residential and the property proposed to be annexed will include the property line to Washington, which is more than the property designated for the proposed development. In response to Council Member Kirk, Community Development Director Evans stated the adoption of the proposed resolutions and ordinance do not cause additional costs; a fiscal analysis is not required by LAFCO and stated an analysis can be provided to the Council if desired. City Council Minutes 8 November 21, 2006 Council Member Kirk expressed his concern of the development of low- income residential housing and the fairness of fiscal impacts to the City as well as the development community. In response to Mayor Adolph, Community Development Director Evans reported the property was developed in the late '70s, early '80s, and the building has recently been restuccoed, and the unit needs to the evaluated for rehabilitation; the building is in good physical condition, it is 100% occupied, and staff has met with the tenants regarding the proposed rehabilitation of the building. Council Member Sniff questioned how the occupants will be impacted during the rehabilitation. Community Development Director responded the occupants may choose not to be disturbed, and may not rehabilitate those units; staff will work with the tenants on this issue. The Mayor declared the PUBLIC HEARING OPEN at 7:15 p.m. Lee Miller, 42-645 St. George Drive, Bermuda Dunes, Bermuda Dunes Community Council, conveyed his opposition of the annexation; stated the zoning requirements of the City would reduce the quality of development in the area; and development of northern City limits is not necessary due to the proposed annexation of the southern area. Joanne Clark, Bermuda Dunes, owner of property surrounding proposed annexation, questioned density of development, traffic impact and if there is another location for development of the project. Ty Lipolte, owner of property located at 78-400 Hidden' River Road, stated development of apartments will impact nearby school, and conveyed opposition to proposed development. Craig Bernard, conveyed opposition of annexation and development of tw'o- story apartments; stated there would be impact to traffic regarding to egress and ingress. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:29 p.m. In response to Council Member Henderson, Community Development Evans stated the recommendation proposed for Council consideration will enable staff to advance the project to LAFCO for a sphere amendment and annexation; and the proposed development is not final until approval of the annexation. City Council Minutes 9 November 21, 2006 In response to Council Member Kirk, Community Development Director Evans stated staff has met with the current tenants; there was a good discussion and consensus of improving the living environment. RESOLUTION NO. 2006-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2006-108 AND ZONE CHANGE 2006-130, ANNEXATION #18 It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2006-119 as submitted. Motion carried unanimously. RESOLUTION NO. 2006-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2006-108, AND PLACING A DESIGNATION OF HIGH DENSITY RESIDENTIAL ON 11 .62 ACRES TO BE ANNEXED TO THE CITY AT THE SOUTHEAST CORNER OF HIDDEN RIVER ROAD AND WASHINGTON STREET, AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 609-040-005, 609-040-007 AND 609- 040-023 It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2006- 120 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Kirk to take up Ordinance No. 431 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ADOPTING PRE-ZONING DESIGNATIONS FOR CERTAIN LANDS PROPOSED FOR ANNEXATION, AND CONSISTING OF 11.62 ACRES LOCATED AT THE SOUTHEAST CORNER OF HIDDEN RIVER ROAD AND WASHINGTON STREET, AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 609-040-005, 690-040-007 AND 609-040-023. It was moved by Council Members Sniff/Osborne to introduce Ordinance No, 431 on first reading. Motion carried by the following vote: City Council Minutes 10 November 21, 2006 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph. None None None NOES: ABSTAIN: ABSENT: RESOLUTION NO. 2006-121 A RESOLUTION OF APPLICATION BY THE CITY OF LA QUINT A REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF 12.42 ACRES LOCATED ON THE EAST SIDE OF WASHINGTON STREET AND CONCURRENT AMENDMENT OF THE CITY'S SPHERE OF INFLUENCE, AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 609-040-005, 609-040-007, AND 609-040-023. It. was moved by Council Members Sniff/Kirk to adopt Resolution No. 2006-121 as submitted. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER 9, SECTION 9.140.080 SUPPLEMENTAL REGULATIONS OF THE LA GUINTA MUNICIPAL CODE REGULATING THE DEVELOPMENT AND USAGE OF FUTURE CONDOMINIUM HOTEL UNITS IN TOURIST COMMERCIAL DISTRICTS AND LIMITING THE CONVERSION OF EXISTING HOTELS TO CONDOMINIUM HOTELS. APPLICANT: CITY OF LA QUINT A. Community Development Director Evans presented the staff report. In response to Council Member Osborne, City Attorney Jenson stated any conversion of a hotel under current law would be considered by the City Council. City Attorney Jenson further stated La Ouinta Inn has expressed concern of meeting all the requirements proposed in the ordinance and is requesting flexibility; and suggested amendments to the ordinance for Council's consideration to accommodate La Ouinta Inn's request. In response to Mayor Adolph, Community Development Evans stated staff looked very hard at converting a hotel room into a condominium hotel and the proposed ordinance does not prohibit such development; and explained typically a condominium hotel includes more than a bar sink, restroom and sleeping quarters. City Council Minutes 11 November 21, 2006 Council Member Sniff was in agreement with Mayor Adolph's comments and stated a condominium hotel should include kitchen facilities. Council Member Henderson stated staff can work on the criteria for a condominium hotel with the emphasis of "condominium," including kitchen facilities; and supported amending the language of the ordinance to accommodate La Guinta Inn. The Mayor declared the PUBLIC HEARING OPEN at 7:58 p.m. Rob Burnheimer, representing La Guinta Inn, stated alternate language to the ordinance has been submitted to the Council, current language does not enable small hotels to be in compliance; explained a modified kitchen facility in units enables registrants to reside comfortably for a short period of time; requested the City Council introduce the proposed ordinance as modified with the language proposed in Exhibit B. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:09 p.m. MOTION - It was moved by Council Members Sniff/Osborne to take up Ordinance No. 432, as modified, by title and number only and waive further reading. City Attorney Jenson suggested the modified language to the Exception as: "except that existing hotels of less than 20 units may apply to convert provided that the City Council finds such conversion in the best interest of the City and finds that the level of revenue will be the equivalent or greater of the revenue that the City receives prior to the conversion." ORDINANCE NO. 432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ADDING SECTION 9.140.080 TO THE LA QUINTA MUNICIPAL COIDE REGULATING CONDOMINIUM HOTEL DEVELOPMENT AND USAGE AND PROHIBITING CONVERSION Of EXISTING HOTELS INTO CONDOMINIUM HOTELS. It was moved by Council Members Sniff/Kirk to introduce Ordinance No. 432 on first reading. Motion carried by the following vote: City Council Minutes 12 November 21, 2006 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: 3. PUBLIC HEARING TO CONSIDER AN DEVELOPMENT AGREEMENT 2006-012 LA QUINTA AND LDD SILVERROCK, LLC. ORDINANCE APPROVING BETWEEN THE CITY OF Community Development Director Evans presented the staff report. City Attorney Jenson stated recommended changes to the Development Agreement as a result of a negotiating session as follows: Page 4, Section 1.5.8, "individual" will be stricken from the definition. Page 7, Section 2.1, first paragraph, reference to "permanent" will be stricken, subset E, will be stricken; 2.1(2) addition of language II Adopted by the City on a Citywide basis and applied to the site in a non-discriminating manner are necessary to protect the public's health and safety and do not involve moratoriums on the site." Page 9, Section 3.1, "first class" will be stricken. Page 17, Section 7.1.1, third line, "involuntary transfers" will be stricken and add clarifications of transfers that the DHR entity must remained to be owned by Robert Low in majority. Page 18-19, phrase added, "and further demonstrates revenues to the City with the proposed new operator will meet or exceed revenues that the city would expect to received under the prior management" was stricken; Section 7.1.3 addition of the City Attorney will act reasonably; and addition of wording to clarify transfer of the developer's rights under this agreement that are made in violation are void. . Recordation of the Four Star Standards will be included. In response to Council Member Sniff, City Attorney Jenson stated the Development Agreement addresses the ground work for all 58 acres; and stated LDD SilverRock, LLC is a new entity created for this project which is an affiliate or subsidiary of Low. The Mayor declared the PUBLIC HEARING OPEN at 8:26 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:26 p.m. City Council Minutes 13 November 21, 2006 MOTION - It was moved by Council Members Henderson/Kirk to take up Ordinance No. 433 by title and number only and waive further reading. ORDINANCE NO. 433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF lA QUINT A AND LDD SIL VERROCK, LlC It was moved by Council Members Henderson/Osborne to introduce Ordinance No. 433 on first reading. Motion carried by the following vote: NOES: ABSTAIN: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None AYES: 4. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY FOR CONSIDERATION OF A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVIELOPMENT AGENCY AND LDD SILVERROCK, LLC FOR THE SALE AND DEVELOPMENT OF 52 ACRES OF AGENCY PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND AVENUE, 52 (SIL VERROCK RESORT) IN THE LA QUINT A PROJECT AREA NO.1. The Mayor declared the PUBLIC HEARING OPEN at 8:28 p.m. MOTION - It was moved by Council Members Kirk/Sniff to continue the joint public hearing to December 5, 2006. Motion carried unanimously. At 8:29 p.m. the City Council recessed to Closed Session as delineated on Page 1. At 9:40 p.m. the City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.1 (Bll'own Act). City Council Minutes 14 November 21, 2006 ADJOURNMENT There being no further business, the City Council concurred to adjourn the meeting at 9:40 p.m. Motion carried unanimously. Respectf~ submitted, :/ ~7 ' &_////, J/ /" ,. ~- // ,/,,/ ' / r' /.4' - ''i /: I/,.- '/ ,</~'/'- Y;', ,/' ",1' /' /, ,', -" ,// /'/ -, /" ./.~ -::'// ',;;...-/~"""""I.-,,~ /. ./ ///." /"""'-:: VERONICA J.--NfONTECINO, CMC, City Clerk City of La Quinta, California /'