2007 01 16 CC Minutes
LA GUINTA CITY COUNCIL
MINUTES
JANUARY 16, 2007
A regular meetinl~ of the La Guinta City Council was called to order at the hour of
3:00 p.m. by Mayor Adolph.
PRESENT:
ABSENT:
Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
Nonl3
PUBLIC COMME~n - None
CLOSED SESSIOI\l
1. Conferencn with City's real property negotiator, Thomas P. Genovese,
pursuant tll) Government Code Section 54956.8 concerning potential terms
and conditions of acquisition and/or disposition of a portion of 525:t acres
located at the southwest corner of Avenue 52 and Jefferson Street.
Property Owner/Negotiator: Desert Classic Charities, Dave Erwin.
2. Conferencn with labor negotiators, Ski Harrison, John Falconer, and John
Ruiz, regarding negotiations with the La Quinta City Employees Association
pursuant to Government Code Section 54957.6 - Meet and Confer Process.
3. Conferenc.~ with labor negotiators, Ski Harrison, John Falconer, and John
Ruiz, regarding negotiations with the City of La Quinta 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.
Council recessed at 3:04 P.M. to the Redevelopment Agency and to Closed
S.ession to and until the hour of 4:00 p.m.
4:00 P.M.
Mayor Adolph led the audience in the Pledge of Allegiance.
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January 16, 2007
PUBLIC COMMENT
Stan Ford, Coachella Valley Recreation & Parks District, gave a brief update on
their Master Plan and stated the District would be happy to give a formal
presentation of the Plan at a future meeting; and informed the Council a series of
concerts have been scheduled at Fritz Burns Community Park.
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
PRESENTATIONS - None
WRITTEN COMMUNICATIONS
1. WRITTEN CORRESPONDENCE FROM MILO BELL, DATED DECEMBER 31,
2006, REGARDING GOLF FEES FOR NON RESIDENTS.
Mr. Bell requested the Council to revisit the fees at SilverRock Resort and
stated other local courses give a reduced fee for valley residents and seniors.
Council Member Henderson suggested the Council periodically review the
fees during the agreement renewal process. The City Council concurred.
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Osborne to approve the City
Council Minutes of December 19, 2006, and January 2, 2007, as submitted.
Motion carried unanimously.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTERS DATED JANUARY 2 AND JANUARY
16,2007.
2. RECEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORT DATED
NOVEMBER 30, 2006.
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January 16, 2007
3. RECEIVE A.ND FILE TRANSMITTAL OF REVENUE & EXPENDITURES REPORT
FOR NOVEMBER 30, 2006, AND INVESTMENT SUMMARY REPORT FOR
THE QUARTER ENDING DECEMBER 31, 2006.
4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR
TO ATTEND THE 2007 GOVERNMENT FINANCE OFFICERS ASSOCIATION
(GFOA) ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, JUNE 10-13,
2007.
5. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP
FOR PARCIEL MAP 34123, REA LA QUINTA, LLC. (RESOLUTION NO. 2007-
0011
6. ACCEPTANCE OF A GRANT OF EASEMENT FOR STREET AND PUBLIC
UTILITY PURPOSES FROM REA LA QUINTA, LLC ASSOCIATED WITH
PARCEL MAP 34213.
7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH OMNIS
INCORPORATED TO PREPARE THE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE FOR THE LAGO LA QUINTA AND VILLAS AS
LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02.
8. DENIAL OF CLAIM FOR DAMAGES FILED BY RSI FOR ALFONSO PENA -
DATE OF L.OSS: JANUARY 17, 2006.
9. ACCEPTA~~CE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 29053-3, FIORE AT RENAISSANCE, TRANS WEST HOUSING, INC.
10. ACCEPTANCE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 29053-2, FIORE AT RENAISSANCE, TRANS WEST HOUSING, INC.
11. ADOPTIONI OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP
AND SUB[)IVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 34243,
PASATIEMPO, MADISON 58TH LA QUINTA, LLC. (RESOLUTION NO.
2007-0021
12. ADOPTIOI'II OF A RESOLUTION DESIGNATING PORTIONS OF SIDEWALK ON
WASHINGTON STREET A SHARED BICYCLE AND PEDESTRIAN ROUTE.
(RESOLUTIION NO. 2007-0031
13. APPROVAL TO AWARD A CONTRACT TO AMERICAN ASPHALT SOUTH,
INC. TO CONSTRUCT THE FISCAL YEAR 2006/2007 SLURRY SEAL AND
RESTRIPING PROGRAM, PROJECT NO. 2006-01.
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January 16, 2007
14. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOUI FOR THE
FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111
IMPROVEMENTS, AND APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH KATZ OKITSU & ASSOCIATES TO PREPARE THE
PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR THE PHASE III
HIGHWAY 111 IMPROVEMENTS, PROJECT NO. 2006-04.
Council Member Henderson questioned if the City will be installing sidewalks
on the north side of Highway 111 at Point Happy. Public Works Director
Jonasson confirmed no sidewalks will be installed.
15. APPROVAL OF THE FINAL RELOCATION PLAN FOR 46-130 DUNE PALMS
ROAD AND 46-150 DUNE PALMS ROAD.
16. APPROVAL OF A CONTRACT EXTENSION WITH RBF CONSULTING INC.
FOR CONTINUED WORK ON THE SPHERE OF INFLUENCE STRATEGIC
PLAN.
MOTION - It was moved by Council Members Sniff/Osborne to approve the
Consent Calendar as recommended and with Item Nos. 5, 11, and 12 being
approved by RESOLUTION NOS. 2007-001 through 2007-003 respectively.
Motion carried unanimously.
BUSINESS SESSION
1. CONSIDERATION OF AN AMENDED USE AGREEMENT BY AND BETWEEN
DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA.
City Manager Genovese presented the staff report.
Mayor Adolph questioned if prior agreements remain the same. City Manager
Genovese stated no technical changes were made. City Attorney Jenson
concurred and stated a reduction in the exclusive period may be dropped
from 8 to 7 days; discussed a 45-day non-exclusive period on the front end
which may be reduced to a less amount needed; an affirmative statement
may be added concerning a rotation every year; and suggested authorization
be given to the City Manager and City Attorney to complete the document.
Council Member Sniff stated a five-year agreement would be favored and
requested additional clarification; and discussion of using the second course
upon meeting PGA standards.
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January 16, 2007
Council MElmber Kirk stated he appreciates Council Member Sniff's concerns
but looks at the relationship differently, similarly of a marriage and is fully
supportive of this venture and authorizing the City Manager to negotiate the
details.
MOTION .. It was moved by Council Members Henderson/Osborne to
authorize the City Manager to execute an Amended Use Agreement by and
between Desert Charities and the City of La Guinta with any final revisions
and/or clarifications prepared by the City Manager and the City Attorney.
Motion carried with Council Member Sniff dissenting.
2. CONSIDERATION OF NAME CHANGE FOR THE PALM SPRINGS DESERT
RESORTS CONVENTION AND VISITORS AUTHORITY.
City Mana!~er Genovese presented the staff report.
Woody Peak, VP Tourism and Membership, Palm Springs Desert Resorts
,Convention and Visitors Authority, stated the Authority was requested by
the JPA to, initiate a name change to include a broader representation of the
Valley; and stated he was available to answer any questions of the Council.
Council MElmber Henderson stated adding communities is meaningful and will
bring c10sllre to this issue for a period of time; and all local communication
will be identified with CVA.
Council Mt3mber Sniff conveyed support of removing Palm Springs from the
marquee alnd adding the names of the represented cities; and stated the
name change does little or no effect to represent the individual cities; and
stated thelre is no equity among the cities in the title if Palm Springs is to
remain in the name.
Council Member Osborne stated the name change is a start to recognize the
other communities in the area, as Palm Springs is recognized world-wide.
Council Ml3mber Henderson clarified staff was not involved in this issue, only
the electEtd members of the board; the name change was adopted
unanimously by the CVA Board as a step forward.
Council Member Kirk stated this issue is a waste of time of staff to pursue;
cannot market effectively without the identification of Palm Springs.
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January 16, 2007
Mayor Adolph stated he is supportive of the convention bureau; agrees with
comments made by Council Member Sniff, but Palm Springs is a more
marketable name; and the change is good and favorable to the City of La
Guinta.
MOTION - It was moved by Council Members Kirk/Osborne to approve a
name change for the Palm Springs Desert Resorts Convention and Visitors
Authority to the Palm Springs Desert Resort Communities Convention and
Visitors Authority. Motion carried 4-1 Council Member Sniff dissenting.
3. CONSIDERATION OF CITY COUNCIL REVIEW OF OPTIONS FOR
DEVELOPING A NEW COLLECTION, TRANSPORTATION, RECYCLING, AND
DISPOSAL AGREEMENT.
Council Member Osborne recussed himself from this item due to a conflict of
interest.
Community Development Director Evans presented the staff report.
Council Member Henderson questioned if the original negotiations with the
current waste contractor can be shortened to 4 months. Community
Development Director Evans referred to Page 3 of the staff report and stated
business terms must be negotiated within four months with Burrtec, 30.:!:..
days to prepare all the contractual information and then schedule for Council
approval to meet the six month timeframe outlined in the staff report.
Council Member Henderson questioned if negotiations could be set for 4
months instead of 6 months. Community Director Evans stated if staff could
come to an agreement of the business terms within four months with
Burrtec, staff could then bring the negotiated contract to Council for review
before the six month timeframe.
Mayor Adolph addressed the analysis in the staff report and questioned if the
full 18 months is needed to complete the process if a new company were
contracted for waste disposal. Community Development Director Evans
stated staff believes the two processes of renegotiating within the first four
months and if unsuccessful, an RFP can be completed in 18 months, but the
timeframe would be tight.
Council Member Sniff stated 18 months is plenty of time if a firm is sincere
and questioned if any other firms were available to meet the 18 months
timeframe. Community Development Director Evans stated there are two
firms predominantly working in the Coachella Valley, Palm Springs Disposal
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January 16, 2007
and Burrtec. There is another firm which has contacted staff and. may
request Council to open for RFP but staff is not aware of their capabilities.
Laith Ezzet, HF&H, stated the company has experience in the RFP process
with other cities, received companies from outside the region and would
need 6 months from the time of award to set up business in the area.
Deborah McGarry, Burrtec, stated Burrtec is an established company and
located wi1thin 10 miles of the city limits; have continued improvements in
recycling requirements; have met all requirements of contract and have
implementEld programs at no additional cost to the city including, curbside
e-waste pick-up, shredding day, universal waste program, special event
recycling, cllld a commitment to continue to improve services.
Council MEtmber Kirk requested Ms. McGarry give a rebuttal to opening the
process up, to receiving RFPs. Ms. McGarry stated may loose competitive
edge. Burrtec District Manager, Frank Orlet, responded by stating relationship
is the key, competitive bidding is a positive thing, but questioned why
consider other options when currently receiving the lowest rate.
Jim Brockman, Waste Resources, Inc., is in agreement with staff and
statement that city currently receiving the best rates in the Valley; suggested
staff be given 30 days to review contracts from Waste Resources and
Burrtec.
Council Member Kirk questioned if Waste Resources could deliver an
alternative fuel vehicle in 4 to 5 months. Mr. Brockman stated it would be
very tight timeframe.
Council MElmber Henderson explained privately-owned water companies will
be subject to Proposition 218 for rate increases; stated trash and sewer may
potentially be considered to be subject to Proposition 218.
Council Ml3mber Kirk conveyed his satisfaction with the rates and services
provided by Burrtec; suggested to direct staff to negotiate with Burrtec for
60 days and allow Waste Resources to submit a formal proposal or a white
paper of ownership.
Council Ml3mber Sniff stated has received excellent service and good rates
from curre,nt provider; suggested to move forward with negotiations with
Burrtec for 5 months and open to RFP if negotiations are not successful with
Burrtec.
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January 16, 2007
Council Member Henderson suggested the timeframe be reduced to 3
months. Mr. Ezzet stated it would not be in the best interest of the Council
to change the timeframe; many issues have risen to the attention of the City
in the last year and time is needed to review and negotiate these issues.
Council Member Kirk stated the longer negotiations, the less power the city
has for receiving a true competitive process, and moved to direct staff to
negotiate a contract and bring back to Council in 90 days and the City
Attorney to prepare an informal analysis of public/private ownership. Council
Member Henderson seconded, and to include Proposition 218 issues.
Mayor Adolph questioned areas needed to negotiate and any changes from
Burrtec to the contract. Community Development Director Evans stated need
to look at services receiving and other services available, questioned if
Council expected to have a contract for approval in 90 days, or a report of
the business terms. Council Member Kirk clarified only the business terms
and requested they be brought back in 60 days if possible.
Council Member Sniff stated making this process unnecessarily difficult.
Bring up issue that have not surfaced regarding Proposition 218 and is taken
back that cannot negotiate with a company that has provided excellent rates
and services.
Council Member Kirk stated all Council Members are saying the same thing,
the process should be simple and completed in a short period of time; don't
see harm in reviewing parallels of the industry.
MOTION - It was moved by Council Members Kirk/Henderson to direct staff
to begin the negotiation process with the current contractor and to bring a
report back to Council within 90 days; the report to include an informal
analysis by the City Attorney of a public/private partnership concept and
related Proposition 218 issues. Motion. carried 3-1, Council Member Sniff
dissenting and Council Member Osborne abstaining.
4. CONSIDERATION OF RECIPIENT FOR THE SENIOR INSPIRATION AWARD
PROGRAM.
Community Services Director Hylton presented the staff report.
Council Member Henderson questioned if a committee reviews nominations
and make a recommendation to the Council.
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January 16, 2007
Council Member Sniff nominated Elaine Reynolds as recipient. Council
Member Kirk concurred.
MOTION -, It was moved by Council Members Sniff/Kirk to select Elaine
Reynolds as the City of La Guinta recipient for the Senior Inspiration Award.
Motion carded unanimously.
City Mana~ler Genovese questioned if Council wishes the recommendation be
made by the Community Services Commission. Council concurred.
5. CONSIDERATION OF SPORTS FIGURE ACKNOWLEDGMENTS.
MOTION -- It was moved by Council Members Henderson/Osborne to
approve the addition of Rego Nieto Jr. and Ed Middleton's names to the
Sports Acknowledgment Area and Ceremony. Motion carried unanimously.
6. CONSIDERATION AND AUTHORIZATION TO SEND OUT A REQUEST FOR
PROPOSAI.S (RFPI FOR AUDITING SERVICES.
Finance Director Falconer presented the staff report.
Council MI3mber Osborne conveyed his concern of a committee reviewing
the RFPs, lInd suggested to consider appointing a local CPA, Pedro Rincon to
serve on the committee.
Council ME,mber Kirk stated he supports the suggestion.
Council MI3mber Henderson suggested advertising for applications for local
auditors.
Council MI~mber Sniff stated just any auditor may not be qualified to review
the RFPs; is not in support of advertising for applications; receive excellent
service with current firm and questioned necessity of RFP process.
Council Member Henderson questioned staff if anything precludes current
firm from submitting an RFP. Finance Director Falconer stated no. Council
Member Henderson questioned what would be the process of RFP. Finance
Director Falconer explained.
Council Member Kirk stated he disagrees with comments made regarding
retaining current firm without RFP process; is a very synergistic relationship
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January 16, 2007
between firm and client and is healthy for city to take extra steps in relation
to finances of public funds.
Mayor Adolph questioned the position of the Finance Director on this issue.
Finance Director Falconer stated staff is confident with services and
comfortable with current process.
Council Member Henderson stated there should be a more serious discussion
of what an auditing firm does; the City is bound by tight regulations and the
firm ensures all financial processes are complying with regulations; and is
prepared to support staff recommendation.
Council Member Sniff suggested a legitimate and qualified local auditor be
appointed to the committee to review the RFPs.
Council Member Osborne stated Mr. Rincon is a La Guinta resident, no other
CPA in La Guinta provides auditing services to an organization the size of the
City as Mr. Rincon does; stated the auditing firm must be independent from
the City and questioned if the current firm is independent.
MOTION - It was moved by Council Members Sniff/Kirk to approve
distribution of a Request for Proposals (RFPI for auditing services for the
next five fiscal years, beginning July 1, 2006 and ending June 30, 2011;
authorize staff to initiate the selection process to contract for professional
services, and appoint a selection committee consisting of two (21 Investment
Advisory Board Members, a Finance Director from another Coachella Valley
City, the City of La Guinta City Manager and Finance Director, and
accountant Pedro Rincon. Motion carried unanimously.
. REPORTS AND INFORMATIONAL ITEMS
CVAG Safety Committee - Council Member Kirk reported Marijuana dispensaries
was the issue discussed; sat in for Council Member Sniff at the Environmental
Committee Meeting and stated HCP issue is likely to come back to this and local
cities; was asked to sit in on energy conservation committee meeting.
Chamber of Commerce Workshop Exchange - Council Member Kirk stated a new
executive director will be on board in two weeks, plan on having a car show in Old
Town La Guinta.
Animal Campus - Council Member Henderson notified staff could not attend, Deby
Conrad attended on behalf of staff.
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January 16, 2007
League of California Cities - Mayor Adolph attended meeting, Gen. Mgr. of Fantasy
Springs Casino gllve overview.
Riverside County Transportation - Council Member Henderson stated chaired first
meeting and all went well.
CVAG Human Community Resources Committee - Council Member Osborne stated
Homeless Commission meetings moving to third Wednesday of the month; closed
TIP program in Vialley and have new group Coachella Valley Crisis Response Team,
which is made up of original volunteers of the Tip Program, and CV AG looking to
use new group and will utilize same funding.
* * * * * * * * * * * * *
All other reports were noted and filed.
DEPARTMENT REPORTS
5-A. REPORT OF CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE
SPHERE OF INFLUENCE.
MAYOR AND COUNCIL MEMBERS' ITEMS - None
Council Member Kirk stated staff and SilverRock Resort did an excellent job at the
document signin~1 event.
Mayor Adolph stiated the perimeter of Griffin Ranch is outstanding and it makes a
tremendous impf13ssion to the area; requested a survey on businesses on Hwy 111
about what we don't have; met with Walt Meyers and was happy to report on the
lack of crime during the holiday season, complimented the Police staff.
Council Member Kirk concurred and was pleasingly surprised to see our Police
Chief out on New Year's Eve and conveyed his appreciation for the dedication of
the Chief.
Council Member Sniff stated his son (Stanl was honored with a Resolution by the
Board of Supervisors for his service and performance with the Riverside County
Sheriff's Department over the years.
Mayor Adolph questioned if there are any cost restrictions in agreement with
Embassy Suites; thanked the Chamber for Golf Cart Event and announced the City
received second place in the parade.
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January 16, 2007
Council Member Henderson stated the area on Bermudas past Francis Hack Lane is
very dark in the evening and requested low-lighting in the area.
6:17 p.m. Council recessed to the Redevelopment Agency meeting.
6:20 p.m. Council reconvened and recessed to and until 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT - None
PRESENTATIONS - None
PUBLIC HEARINGS
1. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE OF THE
CITY COUNCIL AMENDING THE LA GUINTA MUNICIPAL CODE, CHAPTER
9, SECTIONS 9.20.030 AND 9.50.030, TABLE 9-2; TO CROSS REFERENCE
EXISTING SPECIAL ZONING SYMBOLS IN THE RESIDENTIAL
DEVELOPMENT STANDARD AND TO ESTABLISH THEIR IDENTIFICATION
ON THE OFFICIAL ZONING MAP.
Community Development Director Evans and Golf & Park Landscape
Manager Howlett presented the staff report.
The Mayor declared the PUBLIC HEARING OPEN at 6:08 p.m. There being no
requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at
6:08 p.m.
MOTION - It was moved by Council Members Sniff/Henderson to take up
Ordinance No. 434 by title and number only and waive further reading.
Motion carried unanimously.
ORDINANCE NO. 434
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA GUINTA,
CALIFORNIA, AMENDING SECTIONS 9.20.030 AND 9.50.030, TABLE 9-2,
OF TITLE 9, HPLANNING,H PERTAINING TO THE REFERENCING OF
EXISTING SPECIAL ZONING SYMBOLS (ZONING TEXT AMENDMENT
2006-0851.
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January 16, 2007
MOTION - It was moved by Council Members Henderson/Sniff to introduce
Ordinance No. 434 on first reading. Motion carried by the following vote:
AYES:
Council Members Henderson, Kirk, Osborne, Sniff,
Mayor Adolph
None
None
None
NOES:
ABSTAIN:
ABSENT:
2. PUBLIC HI:ARING ON THE APPEAL OF REIMBURSEMENT AMOUNT FOR
TRAFFIC SIGNAL IMPROVEMENTS AT WASHINGTON STREET AND SIMON
DRIVE BY IfJH RANCH, LLC.
Public Works Director Jonasson presented the staff report.
Council Member Henderson stated the City is constantly updating and
changing the DIF, and questioned the status. Public Works Director Jonasson
stated the City updated the DIF in March 2006. Council Member Henderson
questioned if the $345,000 was based on the updated DIF. Public Works
Director Jonasson stated it was based on an estimate of the cost the city
would inclLJf to installing the traffic signal. Council Member Henderson
question if the $345,000 was the hard cost or did the hard cost change.
Public Works Jonasson stated prior to the update it would have been
$145,000, and the $345,000 is based on new DIF. Council Member
Henderson questioned how soft dollars are converted. Public Works Director
Jonasson :stated soft dollars are converted only if city is administering the
installation of traffic signal.
Council Mllmber Kirk confirmed if went with denial of the appeal, the City is
not suggelsting we seek reimbursement from appellant for over payment.
Public Works Director Jonasson stated the point was when conducted a
refined audit of finances, in actuality we are still $30,000, short of the
$345,000 mark of the traffic signal development. Council Member Kirk
stated with respect to Trader Joe's, conditioned them to pay for traffic
signals. Public Works Director Jonasson stated a number of improvements
on to the frontage street, all considered, Traders Joe's disagreed they should
be obligatEtd to pay for it.
Council Member Sniff questioned if there is a hard and fast formula to
determine cost, somewhat arbitrary, can provide a proven formula. Public
Works Director Jonasson stated staff makes best estimate as part of the
DIF, as pmjects are conditioned, developers are reimbursed up to the amount
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January 16, 2007
estimated. Council Member Sniff confirmed there is no absolute consistent
formula to determine what is reasonable, fair, equitable to use in each case.
Public Works Director Jonasson confirmed the estimate of the cost is
utilized.
City Attorney Jenson stated the estimate is in the DIF, and the DIF is
irrelevant, the question is the scope of the traffic signal. It comes down to
the actual cost and how far you extend it.
Council Member Kirk stated the DIF is actually an improvement, charging
developers $430,000. Public Works Director Jonasson confirmed, assuming
the City had to install the traffic signals. Council Member Kirk questioned of
the provided amount invoiced what the City considers soft costs, if traffic
signals are considered hard costs and soft costs. Public Works Director
Jonasson stated he must review the wording used for hard costs. Council
Member Kirk questioned if new estimates of $430,000 does not include soft
costs.
Council Member Kirk questioned if the City had to settle dispute between
two developers, and costs were 50/50, would the soft costs be split 50/50,
wouldn't it be considered part of the project. Public Works Director Jonasson
stated it has not been practice to reimburse for them. Council Member Kirk
stated this is a unique situation, how much is Madison's responsibility and
how much is the City's.
Council Member Osborne questioned when the cost breakdown totaling the
$591,000 was submitted. Public Works Director Jonasson stated at the end
of the Summer, approximately on August 23, 2006. Council Member
Osborne questioned if we reimbursed them after we received this
breakdown. Public Works Director Jonasson stated the reimbursement is not
based on the breakdown before the Council, and explained after further
review came up $315,000 in actual cost.
Council Member Osborne questioned the City Attorney if there are any legal
issues. The language of the conditions of approval refer to the signal, the
cap is 50% of the DIF, staff indicated that many charges were not related to
the signal and advised to conduct an audit.
Mayor Adolph questioned if we have ever had a situation similar to this.
Public Works Director Jonasson stated yes, invoiced the city over $100,000
than what was in the DIF. Mayor Adolph stated looking at the Point Happy
Ranch traffic signal costs, "remove a garden wall" "remove cross gutter",
and questioned how it relates to installing a traffic signal. Public Works
Director Jonasson stated the construction manager inspected and reviewed
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January 16, 2007
plans and tried to error to give more items in quantity than less. Mayor
Adolph confirmed they were given credit for this.
Council Meimber Henderson questioned when this project came up did it not
include a traffic signal. Public Works Director Jonasson confirmed it did not.
Staff was directed to meet with residents in area, traffic signal was not a
condition until May 2004. Council Member Henderson stated many issues
were raised, Trader Joe's stated the traffic signal would not benefit them,
but for a much safer community it behooved us to move forward with the
signal; and questioned would have been in DIF at a much higher rate. Public
Works Director Jonasson stated more than just installing traffic poles, and a
median break.
The Mayor declared the PUBLIC HEARING OPEN at 7:38 p.m.
Rick Wilkerson, 78-720 Highway 111, company accountant was directed to
include only the items directly relating to the installation of the traffic signal.
Negative Declaration Option #2 . . . this project was delayed 10-12 months,
when submitted request for reimbursement did leave out barricades, MDS;
the City Manager denied the appeal based on Article 55; have not submitted
for reimbursement for purchasing properties.
There beinl9 no additional requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 7:48 p.m.
MOTION - It was moved by Council Members Kirk/Henderson to uphold the
appeal of Madison Development LLC for an additional $123,075.22
reimbursement for the design and construction of the traffic signal at Simon
Drive and Washington Street and include the appropriation from either DIF or
General funds at the discretion of the City Manager. Motion carried
unanimously.
Mayor Adolph requested an itemized detail of what the Dateland work
entailed. Public Works Director Jonasson reviewed the work conducted by
Dateland.
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January 16, 2007
3. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND
REDEVELOPMENT AGENCY TO CONSIDER A REVISED AFFORDABLE
HOUSING AGREEMENT BETWEEN THE AGENCY AND SANTA ROSA
DEVELOPMENT, INC., TO INCREASE THE AGENCY'S FUNDING FOR THE
HOMEBUYER SILENT SECOND TRUST DEED MORTGAGE LOANS BY $4.5
MILLION, THUS EXPANDING THE INCOME LEVELS OF THE HOMEBUYERS
FOR THE PROPERTY LOCATED WITHIN THE WATERCOLORS HOUSING
PROJECT AT AVENUE 48 AND ADAMS STREET.
Chairman Osborne reconvened the Redevelopment Agency at 7:53 p.m.
Redevelopment Consultant Frank Spevacek presented the staff report.
Council Member Kirk conveyed his concern of the current slowing of the
market and buyers available to qualify for purchase. Mr. Spevacek explained
the current increase of funds enables low and moderate income buyers to
qualify.
Mayor Adolph questioned if there is a market. Mr. Spevacek stated he
reviewed all applications for purchasing of homes and profile of buyer
indicated those not qualified would now qualify by increasing second trust
deed.
Council Member Sniff questioned if this enables all or some of the applicants.
Mr. Spevacek stated it was some.
Council Member Henderson questioned the $4.5 million will only be released
when a qualified buyer is in place. Mr. Spevacek stated the funds would be
released by summer or fall. Council Member Henderson questioned the long
term process and confirmed the funds are not released until the appropriate
time. Mr. Spevacek confirmed.
Mayor Adolph stated units have been built and just sitting there. FS second
phase is underway .
Council Member Sniff question if staff envisions all funds will be expended.
Mr. Spevacek stated in discussion with applicant, this will be the only
additional funding needed to facilitate the sales of the units and expect to
expend all of the funds.
The Mayor and declared the PUBLIC HEARING OPEN at 8:04 p.m.
Mr. Shovlin, 78-084 Tamarisk Lane, Rancho Mirage, stated the gap of
people to qualify was very narrow; 75 people who applied have been
reconsidered and qualified by the increase of funding.
City Council MinutEls
17
January 16, 2007
There bein!~ no requests to speak, the Mayor declared the PUBLIC HEARING
CLOSED at 8:06 p.m.
RESOLUTION NO. 2007-004
. A RESOLUlTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALlFORNIIA, APPROVING AMENDMENT NO. 4 TO AN AFFORDABLE
HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT
AGENCY J~ND SANTA ROSA DEVELOPMENT, INC., FOR THE PROPERTY
LOCATED AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS
STREET.
MOTION - It was moved by Council Members Sniff/Osborne to adopt
Resolution No. 2007-004 as submitted. Motion carried unanimously.
The City C,ouncil recessed to Closed Session as delineated on Page 1 at 8:09
p.m.
9:05 p.m. The City Council meeting was reconvened with no decisions being made
in Closed Sessiolll which require reporting pursuant to Government Code Section
54957.1 (Brown Actl.
ADJOURNMENT
There being no further business, Mayor Adolph adjourned the City Council meeting
at 9:05 p.m.
~'
VERONICA J,A'C)NTECINO, City Clerk
City of La Guinta, California