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2007 06 05 CC Minutes LA QUINTA CITY COUNCIL MINUTES JUNE 5, 2007 A regular meeting of the La Quinta 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 None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with labor negotiators Ski Harrison, John Ruiz, and Bret Plumlee, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 - Meet and Confer Process. 2. Conference with the City's legal counsel regarding initiation of litigation pursuant to Goverhment Code Section 54956.9(c). 3. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Council-appointed position - City Manager. 4. Evaluation of City Attorney performance pursuant to Government Code Section 54957. Council recessed to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Ruben Bonilla, 78-540 Villa Melodia, commented on the flag flying in front of City Hall being displayed incorrectly, and informed Council the U.S. flag should be displayed in the middle and! higher than' the other two flags; and conveyed his City Council Minutes 2 June 5, 2007 disappointment of the flag not being displayed at half mast for half day on Memorial Day. Victor Martinez, 53-760 Avenida Herrera, reported an increase of crime in his neighborhood; conveyed his concern of the lack of police resources in the Cove; and questioned if there are regulations for rental property tenants. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS City Manager Genovese introduced Assistant City Manager of Development Services Doug Evans and Assistant City Manager of Management Services Bret Plumlee. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM DAVID PARADINE, PRESIDENT OF FIND FOOD BANK, INC. DATED MAY 1, 2007, REGARDING REQUEST FOR FINANCIAL ASSISTANCE. Council Member Henderson stated this request is a nominal amount to be considered from the grant program. Council Member Sniff stated the request would be more formal if the applicant produced a proposal to review the program and make a decision to award the grant. City Manager Genovese stated this request will be included with all grant requests in the budget process, and staff will contact the applicant regarding a proposal. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of May 15, 2007, as submitted. Motion carried unanimously. City Council Minutes 3 June 5, 2007 CONSENT CALENDAR Council Member Osborne requested Item Nos. 10 and 11 be pulled for separate action. Council Member Ki~k requested Item Nos. 13 and 14 be pulled also for discussion. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 5, 2007. 2. ACCEPTANCE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 24890-7, THE CITRUS, SHEFFIELD HOMES, llC. 3. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 4. ACCEPTANCE OF FISCAL YEAR 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARD IN THE AMOUNT OF $10,607 FROM THE BUREAU OF JUSTICE ASSISTANCE, AND APPROVAL TO SUBMIT PROJECT APPLICATION. 5. ACCEPTANCE OF ON-SITE AND OFF-SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30521-1, lA QUINTA DEL ORO. lENNAR HOMES. 6. ACCEPTANCE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30521-2, lA QUINTA DEL ORO, lENNAR HOMES. 7. ACCEPTANCE OF ON-SITE AND OFF-SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29147-2, PGA WEST, PASADERA. 8. APPROVAL OF SECOND READING OF ORDINANCE NO. 436, AMENDING THE LA QUINTA MUNICIPAL CODE ADDING CHAPTER 5.11, . IMPLEMENTING AB 2987 RELATED TO VIDEO FRANCHISE FEES, CUSTOMER SERVICE, AND OTHER VIDEO-RELATED MATTERS. 9. APPROVAL OF SECOND READING OF ORDINANCE NO. 437, TO COMPLY WITH REQUIREMENTS OF SENATE Bill 53, CHAPTER 591 OF STATUES OF 2006 AS CODIFIED IN CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7. 10. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL AMENDED TRACT MAP AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31732, PALlZADA, KB HOME COASTAL, INC. (RESOLUTION NO. 2007-050) (See separate action below.) City Council Minutes 4 June 5, 2007 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL AMENDED TRACT MAP AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31733. PALlZADA, KB HOME COASTAL, INC. (RESOLUTION NO. 2007-051) (See separate action below.) 12. APPROVAL OF AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR MECHANICAL STREET SWEEPING SERVICES TO EXTEND THE TERM FOR ONE ADDITIONAL YEAR. 13. APPROVAL OF AN AMENDMENT TO THE lANDSCAPE LIGHTING MAINTENANCE SERVICES AGREEMENT, PROJECT NO. 2004-04 FOR FISCAL YEAR 2007/2008. (See separate action below.) 14. APPROVAL OF CHANGE ORDER NO.5 AND AN AMENDMENT TO THE CITYWIDE LANDSCAPE MAINTENANCE SERVICES AGREEMENT, PROJECT NO. 2005-08. (See separate actionb!llow.) 15. DENIAL OF CLAIM FOR DAMAGES FilED BY OFELIA GAllEGOS - DATE OF LOSS: NOVEMBER 21, 2006. 16. DENIAL 9F CLAIM FOR DAMAGES FilED BY GREG JOHNSON - DATE OF lOSS: APRil 28, 2007. 17. DENIAL OF CLAIM FOR DAMAGES FilED BY VERIZON - DATE OF lOSS: FEBRUARY 5, 2007. 18. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH M.W. STEELE GROUP INC" FOR CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE lA QUINTA MUSEUM EXPANSION, PROJECT NO. 2000-10 AND THE PHASE II LIBRARY IMPROVEMENTS, PROJECT NO. 2007-10. 19. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE BUILDING INSPECTOR II TO ATTEND THE MODEL CODE ACADEMY TRAINING SPONSORED BY THE CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE IN WOODLAND HillS, CALIFORNIA, JUNE 10-13, 2007. 20. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE SENIOR BUilDING INSPECTOR TO ATTEND THE SUMMER CODE 2007 TRAINING SPONSORED BY THE SOUTHERN NEVADA CHAPTER OF THE INTERNATIONAL CODE COUNCil AND THE CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE IN LAS VEGAS, NEVADA, JULY 11-14, 2007. City Council Minutes 5 June 5, 2007 21. APPROVAL OF A CLASSIFICATION CHANGE OF A COMMUNITY DEVELOPMENT DIRECTOR POSITION TO A PLANNING DIRECTOR. MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended with the exception of Item Nos. 10, 11, 13 and 14. Motion carried unanimously. ITEM NOS. 10 AND 11: Council Member Osborne explained he previously voted against these projects because of the density issue, and must vote the same with the amendments to the agreements. MOTION - It was moved by Council Members Henderson/Sniff to approve the following: RESOLUTION NO. 2007-050 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF lA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF A FINAL AMENDED TRACT MAP AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31732, PALlZADA, KB HOME COASTAL, INC. and RESOLUTION NO. 2007-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF lA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF A FINAL AMENDED TRACT MAP AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31733, PALlZADA, KB HOME COASTAL, INC. Motion carried by a vote of 3-1-1, Council Member Osborne dissenting and Council Member Kirk abstaining. ITEM NOS. 13 AND 14: In response to Council Member Kirk, Public Works Director Jonasson confirmed the projects were awarded through the competitive bid process, and the contract was awarded to the lowest, responsible bidder; and the contracts are able to be extended one more time. City Manager Genovese stated staff is conducting an internal analysis, which will be completed in approximately six months. City Council Minutes 6 June 5, 2007 In response to Council Member Henderson, City Attorney Jenson stated these particular projects are not required to go through the competitive bid process because they are service contracts. Council Member Henderson stated most contracts will have an extension period of time, and if a contractor is doing a decent job, the point of it is to establish a reliable contractor; and they have earned the right for the extension. MOTION - It was moved by Council Members Sniff/Henderson to approve Consent Item No. 13, Approval of an Amendment to the Landscape Lighting Maintenance Services Agreement, Project No. 2004-04 for Fiscal Year 2007/2008; and Consent Item No. 14, Approval of Change Order No.5 and an amendment to the Citywide Landscape Maintenance Services Agreement, Project No. 2005-08. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2007/2008. Community Services Director Hylton presented the staff report. Council Member Osborne stated he would like to see placement of public art as a priority, and would hate to lose any opportunity. In response to Council Member Kirk, Community Services Director Hylton stated staff had not planned to present a more detailed review of the Park Master Plan, but would do so if Council desires. Community Services Director Hylton stated Police Chief Meyer has spoken to the Commission regarding graffiti in the parks to make them aware of the challenges. MOTION - It was moved by Council Members Henderson/Kirk to approve the Community Services Commission Fiscal Year 2007/2008 Work Plan. Motion carried unanimously. 2. CONSIDERATION TO PURCHASE THE ART PIECE ARCH EO "A ROMAN TOMB" BY JOHN S. DETLlE. City Council Minutes 7 June 5, 2007 Council Member Henderson stated she was contacted by Mrs. Detlie, who indicated the art piece is no longer for sale and requested a copy of the letter stating the piece is on-loan to the City. No action was taken. 3. CONSIDERATION OF THE AIR MOTION ART PIECE TO BE PLACED IN THE VillAGE ROUNDABOUT. Community Services Director Hylton presented the staff report. In response to Council Member Henderson, Community Services Director Hylton explained the art piece will be elevated on the new roundabout structure; and the traffic civil engineer has approved its placement. In response to Council Member Sniff, Public Works Director Jonasson stated the literal usable diameter of the area is unknown at this time; the project was approved and included in the CIP program; and the landscape design was previously approved with the roundabout project. Council Member Kirk conveyed his concerns of the potential of graffiti and the visibility of the intersection. Community Services Director Hylton stated the art piece is in good condition, and it would be best to display instead of storing it, in response to Council Member Osborne. Council Member Sniff conveyed his amazement that staff is recommending this particular art piece at this intersection. He suggested a vertical art piece of Spanish or Moroccan design, possibly a Spanish bell tower, 15 feet high. It would be more apropos for the Village, and stay consistent with the architectural design in the area. Council Member Henderson stated the City has a significant reputation as an artist community, and will have a variety; while there are development standards in the Village, we do have this piece, and maybe we should keep the bell tower in mind if this piece is not conducive. Council Member Kirk stated he is apprehensive about finding a neat piece of art; convinced the piece will be run over; not prepared to vote in favor at this time without addressing the traffic issues. He stated if the Community Services Commission has approved the display, he would rather see something installed to protect the art piece. City Council Minutes 8 June 5, 2007 In response to Council Member Henderson, Public Works Director Jonasson stated the concern of the line of sight is more along the width and not the height. Public Works Director Jonasson stated it is possible to raise the center from 6 to 18 inches, but the project would need to be redesigned, in response to Mayor Adolph. In response to Council Member Sniff, Public Works Director Jonasson stated the one-way signage will be replaced; and stated a vehicle would have to cross some cobblestone prior to reaching the art piece. MOTION - It was moved by Council Members Henderson/Adolph to approve the integration of the Air Motion Piece into the Village Roundabout for $13,700, contingent upon a contract change order to increase the center to 18 inches. Motion carried by a vote of 3-2, Council Members Kirk and Sniff dissenting. 4. CONSIDERATION OF AMENDMENTS TO THE MUNICIPAL CODE ADDING SUBSECTION (DD) TO SECTION 11.72.030 ("PUBLIC NUISANCES DECLARED") AND TO DECLARE MEDICAL MARIJUANA DISPENSARIES A PUBLIC NUISANCE. Interim Community Development Director/Assistant City Manager Evans presented the staff report. In response to Council Member Osborne, Police Chief Walker stated the Sheriff's position is that medical marijuana is illegal and will be enforced as such. Council Member Sniff stated Federal law supersedes State law, and we have an interpretation of the Supreme Court; and the legal reality is that it is illegal. In response to Council Member Kirk, City Attorney Jenson stated the City Council is not required to determine that the subject facilities have the secondary effects listed in the proposed ordinance. Lanny Swerdlow, 1 Cordova Court, Palm Springs, stated Senate Bill 420 ensures that a patient with an ID card cannot be arrested; questioned if there are any studies to support the possible secondary effects as addressed in the staff report; cannot bar State law if prohibited by Federal law; and requested City Council Minutes 9 June 5, 2007 Council postpone a decision until the State Attorney General gives an opinion. Jim Kemper, 53-865 Avenida Juarez, is a medical marijuana patient and was a dispensary owner in Desert Hot Springs; suggested the City, Police, and dispensary owner meet to establish regulations. Chris Cauhape, 83-164 Dillon, Indio, stated drug prohibition has an opposite effect to abuse of illegal drugs. Kay Wolff, 77-227 Calle Ensenada, stated she is opposed to declaring marijuana dispensaries as nuisances; feels they are an important alternative for some patients to have some quality of life without addictive medications; and requested the Council postpone a decision. City Attorney Jenson stated State law does not require dispensaries be a permitted use in the City; City is taking a proactive approach on this issue to avoid establishing a moratorium; even if Attorney General determines this a legal use both under' Federal and State law, not all legal uses must be permitted uses. Council Member Sniff stated the Council is not casting judgment on people, and is basically conforming to the pre-eminence of Federal law. Council Member Osborne conveyed his belief in the medical use prescribed by a doctor and has been proven many times to help in chronic situations; stated can have medical marijuana dispensary without secondary uses; stated the cities are in a conundrum, and must pass this issue because of the conflict with Federal law. In response to Council Member Henderson, City Attorney Jenson stated adoption of an ordinance would be the action needed to rescind this action. Council Member Henderson conveyed her belief some situations will arise from a dispensary, but the issue can be readdressed once a decision has been made by the Attorney General. Council Member Kirk stated medical marijuana is good for many patients; has many concerns about national drug enforcement policy; convinced we are stuck between a rock and a hard place regarding this issue and are in an awkward position. He is in favor of changing the Code; would prefer the findings not be included in the Code regarding the secondary effects (fourth Whereas, first page of ordinance). City Council Minutes 10 June 5, 2007 Mayor Adolph stated the Council must look at the law; we swear to uphold the laws of the United States, and at this time it is illegal; and voiced disappointment that the medical offices and hospitals cannot dispense it. MOTION - It was moved by Council Members Kirk/Henderson to take up Ordinance No. 438, as amended, by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 438 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF lA QUINTA, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.72 ("PUBLlC NUISANCES") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.72.030(DD) TO DECLARE MEDICAL MARIJUANA DISPENSARIES A PUBLIC NUISANCE AND TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN THE CITY. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 438, as amended, on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: The meeting was recessed at 5:45 p.m. and reconvened at 5:55 p.m. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CV AG Homelessness Committee - Council Member Osborne reported the Committee is looking at facilities to use for shelters in Indio and Cathedral City, but will come to fruition upon the establishment of the fee. CV AG Human and Community Resources Committee - Council Member Osborne informed Council and staff that the month of June is "Elder Abuse Month." Jacqueline Cochran Regional Airport Authority - Council Member Osborne reported the Board received the agenda the day before the meeting and changed the City Council Minutes 11 June 5, 2007 location with no direction ar;Jd was unable to attend the meeting; and stated the Board is concerned about the lack of input and/or authority of how the County lS spending the funds. SilverRock Resort Subcommittee - Council Member Osborne stated Landmark is doing a tremendous job; a financial report has been received; the clubhouse is coming along well; the Resort is in negotiations with the architect; and interviews are being conducted for a landscape architect. He reported only two proposals have been received for the water, and plans for the boutique hotel have been received. CV AG Executive Committee - Mayor Adolph stated they are calling for a special meeting on August 13, but he will not be able to attend; will be reviewing the habitat; and have 'received the 2007/2008 budget. SunUne Transit Agency/Sunl!.ine Services Group - Mayor Adolph reported SunUne continues to struggle with the taxi cab issue. Chamber of Commerce Workshop/Information Exchange Committee - Mayor Adolph stated he inquired with the Chamber as to what they are doing about finding a permanent home but has not received an answer. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Manager Genovese reported the City Council approved scheduling interviews and appointments to the La Quinta Boards, Committees, and Commissions on June 19, 2007 at 2:00 p.m. He 'informed Council it may be a challenge to review the applications in an hour due to the number of applications received. Upon consensus, the City Council confirmed starting application interviews at 2:00 p.m., holding the regular meeting at 4:00 p.m., and conducting Closed Session following the meeting. MAYOR AND COUNCil MEMBERS' ITEMS 1. DISCUSSION REGARDING COUNCIL COMPENSATION. City Council Minutes 12 June 5, 2007 Council Member Sniff stated the Council Members and Mayor are on-call 24 hours a day, and away from family; suggested a monthly increase of $400 for Council Members and the Mayor effective July 1, 2007. He referenced several articles in the newspaper reporting substantial increases to Council salaries for Indian Wells and Palm Desert; stated this is public service and they should get compensated for the service. In response to Council Member Osborne, City Manager Genovese stated the compensation for travel reimbursement is allocated through redevelopment funds. Finance Director Falconer stated the redevelopment compensation has not changed for the last 12 years. City Attorney Jenson further explained State statute establishes a maximum amount for Redevelopment Agency compensation. Finance Director Falconer confirmed compensation is set at $30 per meeting, Sniff. the Redevelopment Agency in response to Council Member Council Member Henderson conveyed her understanding of Council Member Sniff's request. She stated it is difficult for the public to understand an increase in Council's compensation, and that compensation has helped with the responsibilities in serving the community. Council Member Kirk stated he would like to see a comparison of Charter/General Law Cities in the Coachella Valley; has mixed feelings about granting Council a raise as it is not the primary reason to serve; conveyed willingness to support inclusion of the increase in the budget with a comparison study; and encouraged more residents to serve. Mayor Adolph questioned what is the reason for serving on the Council, which is not for the money; stated other cities may follow with large increases, and the City must be competitive; and requested consideration for add!tional compensation for Planning Commission and other commissions as well. Council Member Osborne stated the City pays substantial rates above the average to retain qualified employees; and conveyed his support to conduct a comparison study. Council Member Sniff suggested a $400 increase and reconsidering the amount after review of the comparison study. In response to Council Member Kirk, City Manager Genovese stated staff can bring back a comparison study as part of the Budget Memorandum. City Council Minutes 13 June 5, 2007 Council Member Henderson stated an increase is not going to be the incentive for younger residents to become involved in the community. The City Council recessed to the hour of 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS - None The City Council recessed to 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 Government Code Section 54957.1 (Brown Act). ADJOURNMENT There being no further business, Mayor Adolph adjourned the meeting to an adjourned regular meeting to be held at 2:00 p.m. on June 19, 2007, in the La Quinta City Council Chambers.