Loading...
2008 02 05 CC Minutes LA GUINTA CITY COUNCIL MINUTES FEBRUARY 5, 2008 A regular' meeting of the La Guinta City Council was called to order at the hour of 3:00 p.ml. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and co",ditions of acquisition and/or disposition of real property identified as APN: 600-020-012. Property Owner/Negotiator: Protech Holdings 123, Dave Bigley. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 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 (Brown Act). Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Jim Beig'htol, 79-235 Tom Fazio Lane, spoke regarding appearance and safety concerns about Avenue 58 that have existed for a long time. Rita Smith, 79-001 Tom Fazio Lane, stated the City has promised to do something about Avenue 58, but nothing has been done. City Council Minutes 2 February 5, 2008 Bruce Gall, 58-751 Banfield Drive, commented on The Quarry being one of the top 50 golf courses in the country, and had similar comments as previously stated about the condition of the road leading to The Quarry. Duane Jacobs, 53-632 Banfield Drive, expressed appreciation for the improvements that have been done, and hopes they will continue. Bill Morrow, 79-390 Tom Fazio Lane, representing The Quarry, stated they have been told Avenue 58 will be fixed before, but nothing has been done, and he wants to know what is happening. Bob Hill, 58-473 Quarry Ranch Road, stated traffic going both directions use the north side of Avenue 58 because of the bad condition of the south side. He also commented on the lack of improvements going west from Madison Street until you get to PGA West. Chuck Montgomery, 58-601 Banfield Drive, commented on The Quarry being one of the best golf courses, and had similar comments as previously stated about the conditions of the road entering The Quarry. In response to Mayor Adolph, Public Works Director Jonasson explained the Avenue 58 improvements are part of the Citywide pavement program with construction scheduled to be completed by the end of December 2008. He confirmed access in both directions will be maintained during construction. Bruce Gall, President of The Quarry, stated they have been told the improvements would be done for years. Mr. Jonasson stated this is the first time the project has been included in the budget, and the design is scheduled to be completed by May. * * * * * * * * * * * Roger Hopkins, 54-145 Avenida Obregon, presented petitions with approximately 100 names requesting an additional dog park in the City because the current one is too small for the number of dogs using it. He suggested the vacant land between the library and Old Town. Dani Richard, P. O. Box 91, spoke regarding a $20 penalty she owes for an expired dog license, and requested the penalty be waived. She was not aware the license had expired, and lives on a limited income. In response to Mayor Adolph, Finance Director Falconer confirmed staff can bring this matter back at the next Council meeting. City Council Minutes 3 February 5, 2008 Tracy Jordan, 48-222 Calle Floristas, suggested an alternative for handling the over-crowded dog park situation is to allow dogs to run unleashed during designated hours at the Civic Center Campus. She commented on being cited for not having her dog on a leash and unable to appear at the hearing because of sickness. She was told she would now have to pay a $20 appeal fee to get a hearing, and that it would not do any good anyway. CONFIRII/IA TION OF AGENDA City Manager Genovese advised of three presentations, and a request from Mr. Lee Anderson to take up Business Item No.3 at the 7:00 p.m. session. Council Member Henderson stated she appreciates someone having a conflict, but doesn't feel the business item should be changed to the evening session. Mayor Adolph noted other members of the public are here now for the item. After a brief discussion, Council concurred to go forward with hearing the item in the afternoon session, but to take it up after Business Item No.4. ANNOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented the President Gerald R. Ford Boys & Girls Club-La Quinta Unit with a $76,000 check from the Bob Hope Chrysler Classic charities distribution. Mr. Jim Ducatte accepted the check on behalf of the President Gerald R. Ford Boys & Girls Club-La Quinta Unit, and expressed appreciation for the funding llnd the City's support. * * * * * * * * * * The Mayor and Council Members presented a proclamation to Council Member Henderson in recognition of her being named "Woman of the Year" by the Inland Empire Chapter of the Women's Transportation Seminars. A short video recognizing her accomplishments was also shown. * * * * * * * * * * * City Council Minutes 4 February 5, 2008 Mayor Adolph introduced the new Police Chief Rodney Vigue, and City Manager Genovese gave a brief overview of his public service. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of January 15, 2008, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 5, 2008. 2. APPROVAL OF SECOND READING OF ORDINANCE NO. 452 AMENDING TITLE 8, CHAPTER 8.13 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPING. 3. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE HIGHWAY 111 STREET IMPROVEMENTS FROM ADAMS STREET TO JEFFERSON STREET, PROJECT NO. 2001-07A. 4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RBF CONSULTING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE ADAMS STREET BRIDGE IMPROVEMENTS, PROJECT NO. 2006-06. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 32891, DAVID CHAPMAN, TRADITION CLUB ASSOCIATES, LLC. (RESOLUTION NO. 2008-004) 6. APPROVAL OF A RATIFICATION OF A CONTRACT WITH MADISON CLUB, BY .THE CITY MANAGER, FOR TRAFF!C SIGNAL INTERCONNECT ON MADISON STREET BETWEEN AVENUE 52 AND AVENUE 54. 7 . ACCEPTANCE OF ONSITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 31248, WALGREENS, EVERGREEN DEVCO, INC. 8. DENIAL OF CLAIM FOR DAMAGES FILED BY DENISE YVETTE SWEARINGEN, DATE OF LOSS: JULY 16, 2007. City Council Minutes 5 February 5, 2008 9. ACCEPTANCE OF THE PERIMETER FENCE AT THE FRED WOLFF BEAR CREEK NATURE PRESERVE, PROJECT NO. 2007-17. 10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR CITY MANAGER TO A trEND THE LEAGUE OF CALIFORNIA CITIES 2008 CITY MANAGERS' DIiPARTMENT MEETING IN LA JOLLA, CALIFORNIA, FEBRUARY 6-8,2008. 11 . APPROVAL OF PURCHASE OF ELECTRONIC CITATION SYSTEMS FROM CROSSROADS FOR THE LA QUINTA POLICE DEPARTMENT. 12. Al;JTHORIZA TION FOR OVERNIGHT TRAVEL FOR THE PLANNING DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION'S (APA) 100TH NATIONAL PLANNING CONFERENCE IN LAS VEGAS, NEVADA, APRIL 27 - MAY 1, 2008. 13. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE AVENUE 52 BRIDGE IMPROVEMENTS, PROJECT NO. 2005-02. MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and with Item No.5 being approved by RSSOLUTlON NO. 2008-004. Motion carried unanimously. BUSINE~S SESSION 1. CONSIDERATION OF THIRD QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. City Manager Genovese presented the staff report. Cquncil Member Kirk requested a total amount awarded each quarter be in~luded in future staff reports. MOTION - It was moved by Council Members Sniff/Kirk to approve the following Community Services Grant requests: La Ouinta High School Girls Soccer in the amount of $2,000; La Ouinta High School Girls Basketball Booster Club in the amount of $2,000; Coachella Valley Amateur Sports- Kapu Fastpitch Softball Boosters in the amount of $1,000; and ALS Association, Greater Los Angeles Chapter in the amount of $500. Motion carried unanimously. City Council Minutes 6 February 5, 2008 2. CONSIDERATION OF LA QUINTA ARTS FOUNDATION TILES TO BE PLACED ON THE EMERGENCY OPERATION CENTER STAIRWELL WALLS. City Manager Genovese presented the staff report. In response to Council Member Sniff, City Manager Genovese described the tile as an 18" X 18" travertine tile. Christi Salamone, President of the La Ouinta Arts Foundation, stated some of the etched tiles bear the Arts Foundation logo, depending on the name inscriptions. Mr. Hartung added the letters are about one inch high, and stated staff will provide a tile for Council to see. MOTION - It was moved by Council Members Sniff/Henderson to approve the installation of La Ouinta Arts Foundation Tiles on the Emergency Operation Center stairwell walls. Motion carried unanimously. Council concurred to take up Item NO.4 at this time. 4. CONSIDERATION TO ADOPT A RESOLUTION FOR THE HOMELESSNESS COMMITTEE'S STRATEGIC PLAN. City Manager Genovese presented the staff report. Aurora Wilson, representing CV AG, stated the committee is requesting each member jurisdiction to endorse the strategic plan. In response to Council Member Sniff, City Attorney Jenson stated adoption of the resolution does not mandate a financial commitment by the City. Council Member Sniff commented on the importance of not committing to something the City can't afford. Council Member Osborne stated he didn't support having the Homelessness Committee in the beginning, but now feels it is beneficial. The capital budget for the western facility is $10 million with an annual operating budget of $4 million. He stated a facility in the eastern end will most likely be proposed at a later date, so it's important to have funding for that as well. He doesn't want to put the City in a position to be obligated to a certain funding amount, but is sure there will be funding requests in the future. He stated the 47,000 square-foot facility will provide approximately City Council Minutes 7 February 5, 2008 250 emergency shelter beds, and confirmed it's a temporary housing facility to help people get back on their feet. In response to Council Member Sniff, Ms. Wilson stated housing will be provided for 30 days to six months. CO\.lncil Member Sniff expressed the need to exercise caution, and asked if medical treatment would be provided. Ms. Wilson stated a County public health clinic in Desert Hot Springs will be used with a nurse case manager providing triage and coordinating services suoh as transportation to the clinic. Council Member Sniff voiced concern about opening the door to something you might not want to let in, and asked how they would deal with drug addicts. Ms. Wilson stated a separate 7,000 square-foot facility called "Safe Haven" will provide services for those with disabilities related to mental illness or substance abuse. Council Member Kirk asked if the facility would be operated by a public organization or a non-profit group. Ms,. Wilson stated the Committee will make a recommendation to the Executive Committee who will be making the final decision. The County would be one consideration, but there are other agencies capable of providing the services. The County has done a good job providing similar services in western Riverside County, and can access more services than smaller agencies. Co~ncil Member Kirk asked if she expects the operating budget to be derived mostly from the County budget, and Ms. Wilson responded, "No." She stated the finance committee is looking at funding alternatives, including the potential of using the CV AG formula, which is based on memberships and population assessed evaluation. She noted there has been a suggestion to use RDA funds. Council Member Henderson asked if representatives from non-profits, such as Martha's Village and the C.V. Rescue Mission, have attended their meetings, and Ms. Wilson responded, "Yes." Council Member Henderson voiced appreciation for how non-profit organizations in the east valley are running their programs, and is concerned City Council Minutes 8 February 5, 2008 about when we are going to start bridging the non-profit-run facilities with the municipal-run facilities. Should a funding request be received, she would prefer the money be divided equally between the two types of facilities because the non-profits desperately need it. She feels there is a disconnect, or neglect, because the need has been picked up by other organizations with government help. Ms. Wilson noted the non-profit organizations have received financing through CDBG funding. She added the second major goal of the strategic plan is to address the needs in the east valley, not to duplicate services, but rather expanding them to fill the gaps. Mayor Adolph stated he feels homelessness is a problem that is not going to go away, and needs to be fixed. Council Member Sniff stated he doesn't feel government funding is the solution, and would be more comfortable if the survey had been done on how many families have been rescued. RESOLUTION NO. 2008-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ENDORSING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS' HOMELESSNESS COMMITTEE'S STRATEGIC PLAN TO END HOMELESSNESS. It was moved by Council Members Osborne/Henderson to adopt Resolution No. 2008-005 as submitted. Motion carried with Council Member Sniff dissenting. 3. CONSIDERATION OF PLANNING AREAS 1 AND 2 FISCAL MITIGATION POLICY AND CONFIRMATION OF DIRECTION REGARDING DRAFT PRE- ANNEXATION DEVELOPMENT AGREEMENTS. Planning Director Johnson and Redevelopment Consultant Spevacek presented the staff report. City Manager Genovese stated staff is looking for direction on the following: confirmation of Council's previous direction on the draft development agreements, including the mitigation payment of $29,188; potential land- based financing policies; and working on a pre-annexation agreement for The Enclave project to serve as a model for other single-family projects. Also included would be a plan for services, fiscal impact analysis regarding the City Council Minutes 9 February 5, 2008 anmexation, LAFCO reorganization application, and CEOA review for The Enclave project. Council Member Sniff asked what the current status is of the Motorcoach ReSort and Enclave proposals. Mr. Johnson stated The Enclave project has become more active the last few months with staff meeting with them on a regular basis. The Motorcoach prqject has been slower with several outstanding needs from them not being met yet. He added staff is committed to processing both applications in a very timely manner. Council Member Sniff voiced frustration about the amount of time being spent on this without any movement. He asked what it would take to get this moving within the next two weeks. Mr. Johnson explained staff is waiting on a few transportation-related items from the applicant to complete the CEQA review process before scheduling th~ project to go before the Architecture & Landscape Review Committee. Staff has made a commitment to meet with the applicant on a regular basis to ensure that both are staying on track. COlJncil Member Sniff stated he is tired of not getting to a point of approximating a conclusion, and wants to know what the problem is. Mr. Johnson noted the process has accelerated since receiving the fiscal number. Council Member Sniff voiced frustration about the delays, and stated it's time to "fish or cut bait." In regard to the fiscal mitigation policy, Council Member Osborne asked what the impact would be to land owners who do not have a proposed development. City Attorney Jenson stated there will be no fiscal impact until they pull a building permit. Council Member Osborne asked how code compliance regulations would be applied in rural areas that have facilities such as a food processing plant. Ms. Jenson stated they would have to comply, but noted the City adopted the "right-to-farm" issue as it relates to annoyances due to proximity to City Council Minutes 10 February 5, 2008 homes. Uses permitted under the County but not the City would become a non-conforming use and not be allowed to expand. Council Member Osborne asked if properties with horses would be allowed to continue, and Ms. Jenson responded that regular farm operations would be allowed to continue. Council Member Henderson nO,ted equestrian is not the same as farming. Council Member Osborne asked if the next step for The Enclave project would be to go to LAFCO. Mr. Johnson stated the project is tentatively scheduled to go before the Planning Commission in March or April and the Council in April or May. If approved, it would then go to LAFCO, In response to Council Member Henderson, Mr. Johnson confirmed staff is recommending that developed parcels of less than % acre with established residences be exempt from a pre-annexation development Council Member Henderson commented on the amount of time it takes to get a development agreement in place, and asked if development of a draft agreement is in process. Ms. Jenson stated not yet, but she doesn't enVISion it slowing down the entitlement process. She confirmed the developer will have an opportunity to see the development agreement long before the entitlements come before the Council. Council Member Henderson stated she is willing to revisit the possibility of land-based financing, noting it is market driven. In regard to the mitigation fee, she believes the number can be further tweaked because the City will not be operating under the same financial conditions as we are today. She noted staff has tweaked the number in the staff report, and Mr. Spevacek confirmed it can be further tweaked by the Council. She believes the best time to do that would be when a development agreement is before the Council. In response to Council Member Kirk, Mr. Johnson confirmed staff is preparing an initial study on Mr. Noya's project, with traffic being the only issue that might trigger an EIR. Ms. Jenson confirmed with the absence of a mitigation payment, the impact on public service could trigger an EIR. City Council Minutes 11 February 5, 2008 Council Member Henderson asked if tweaking the number would create a checkmark in the EIR, and Ms. Jenson stated it could. Council Member Kirk noted the fiscal analysis prepared for the City showed a m<ilssive fiscal deficit in 30 years, and asked if any residential development in the City would trigger an EIR. MS. Jenson stated it would be something to consider for any large scale development. She confirmed any determination of a significant impact on public services as the result of a residential development in the State could tri~ger an EIR. Council Member Kirk stated that means we cannot build any more in the State because we are not willing to take steps to fix the financial situation. He thanked Mr. Noya for taking his project to the Vista Santa Rosa community, and voiced criticism about painting ourselves into a corner on approving residential development. He doesn't feel it makes sense, and asked what the total cumulative deficit of the Noya project would be in 30 years without any mitigation fee. Council Member Kirk noted Mr. Noya's project could generate $147 million to the County Redevelopment Agency, and those funds could be used for the homeless problem that was discussed earlier. Mr. Spevacek stated the 2006 analysis showed an annual General Fund deficit of approximately $20 million. The Enclave deficit starts out at $100,000 a year, increasing up to $1.9 million by the 13th year without any mitigation. After 30 years, the property tax revenue would come into play. At year 30 without the property tax revenue, the deficit would be $1.8 million,. and drop to approximately $800,000 when the property tax is allocated to the City. Council Member Kirk asked about fiscal impact fees in other parts of the Inland Empire. Mr. Spevacek stated, basically, it's not being done, and co~firmed the City is on the "cutting edge." In response to Council Member Kirk, Mr. Johnson stated in a.ddition to the mitigation fee, the City's residential development fee is approximately $5,000 to 6,000 plus school fees and the building permit. Council Member Kirk noted total development fees could be a large part of constructing a residential home and affect the ability to provide housing in the valley. He is opposed to a $30,000 mitigation fee, and feels it is ridiculously large. He is also opposed to land-based financing. While City Council Minutes 12 February 5, 2008 optimistic that we might fix some structural problems, he is not confident that the trend for voters to overturn special assessments is going to be reversed. Council Member Henderson stated she was talking about public improvements only where bonding is provided. City Manager Genovese explained land-based financing would be tied to infrastructure improvements and backed with bonds, and once the debt occurs, it cannot be voted out. Council Member Kirk voiced concern about it creating a "have and have not" situation. As for the other items, he is in favor of moving forward and getting a draft agreement out immediately. Mr. Spevacek responded to Council Member Kirk's earlier inquiry as it relates to revenues of The Enclave project versus expenses, and stated the cumulative deficit amount over the 30-year period would be $30.7 million. Council Member Sniff questioned there being that many property owners that will want to be annexed, and voiced frustration about the need to move forward. Mayor Adolph stated he is also frustrated, and looking forward to the first project coming before the Council for consideration on its own merit. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to move forward promptly with the current applications in the proper order. In response to Council Member Osborne, Council Member Sniff confirmed the motion includes drafting a pre-annexation agreement for The Enclave project and the agreement being the model for all other proposed single- family residential annexation proposals. It also includes that all properties proposing to be annexed would be expected to enter into a pre-annexation development agreement prior to the City submitting an annexation application to LAFCO. Motion carried unanimously. Mr. Genovese stated staff is still looking for direction on Item Nos. 1 and 2 regarding the mitigation fee and existing policies on CFDs and/or CSDs. Council Members Kirk, Osborne and Sniff indicated they were not supportive of having staff come back with any additional information on CFDs. City Council Minutes 13 >February 5, 2008 Council Member Sniff stated the mitigation fee will be addressed with each development agreement, and noted it's a working number that can be modified as Council feels it is appropriate to do so. In response to Council Member Kirk, Mr. Genovese stated the fiscal mitigation policy is not included in the staff recommendation. Council recessed to and until 7:00 p.m. 7:00 p.lIIl.:. PUBLIC COMMENT Robert Cox, 78-315 Crestview Terrace, expressed appreciation for the City's support of the Safe House of the Desert, and confirmed they are still collecting items. PRESENTATIONS Queen Scheherazade, Princess Jasmine, and Princess Dunyazade invited everyone to attend the Riverside County Fair and National Date Festival on February 15-24, 2008. PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS, AND ADOPTION OF A RESOLUTION ADOPTING THE LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. PI<ilnning Director Johnson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:18 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:18 p.m. City Council Minutes 14 February 5, 2008 MOTION - It was moved by Council Members Kirk/Henderson to take up Ordinance No. 453 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. It was moved by Council Members Sniff/Kirk to introduce Ordinance No. 453 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: RESOLUTION NO. 2008-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY OF LA QUINTA (CVMSHCP-DEVELOPMENT MITIGATION FEE SCHEDULE). It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2008-006 as submitted. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF FUNDING OPTIONS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1. Public Works Director Jonasson presented the staff report. Council Member Osborne inquired about how much more would be needed to cover the costs, and the percentage of votes needed. Mr. Jonasson stated almost double the amount is needed to cover the costs, and increasing the fee would require a majority vote. City Council Minutes 15 February 5, 2008 Council Member Osborne stated he feels it should be considered, and is opposed to a user fee for parks. City Manager Genovese explained it would have to go to a special benefit, and the fee could vary throughout the City. Council Member Henderson stated she understands it would be better to create a new assessment instead of trying to increase the existing one because the City Could lose what it currently has if it is voted down. Adena Vasquez, of Muni-Financial, stated the engineering process would evaluate the levels of landscaping in each area of the City and create benefit zones, which would have different rates based on the level of service and improvements. The entire district would then go to a vote by benefit zones, th~ough a mail ballot process where it would require a majority of "No" votes to vote it down. She stated there would be some upfront costs. In response to Council Member Henderson, Ms. Vasquez stated everyone pays the same amount now because the assessment district was formed prior to Proposition 218. In order to form special benefit districts, special behefit must be proven, and anything that has a general benefit component, thl;! City would have to pay that percentage of the cost. In response to Council Member Osborne, Mr. Jonasson stated the General Fuhd contribution to the Landscape & Lighting Assessment District in 2007/2008 is $2.3 million. Council Member Osborne commented on there being a $1.1 million negative each year for the Landscape & Lighting Assessment District until something is done, and noted this would be a simple majority instead of 2/3 majority. Council Member Kirk noted it would be a 51 % protest vote, requiring affirmative action on the part of the voters. In response to Mayor Adolph, Ms. Vasquez stated the mail ballot can be done at anytime, and does not become part of a regular election ballot. In response to Council Member Sniff, Ms. Vasquez confirmed parks can be separated out, but the issue there is having different types of parks. SElparating out parks and not subsidizing them with General Fund monies, w!Juld require doing a park tax. She stated assessment districts can be zone specific and covered 100% through the special benefit; a park tax requires a 2/3 vote. City Council Minutes 16 February 5, 2008 Council Member Kirk asked if this has been accomplished by other Ms. Vasquez stated some have done it, but not always favorably. cities have completed the engineering reports, but not put it to a vote. cities. Some Council Member Kirk stated it seems as though the assessment idea could be a benefit unless it's an excessive amount. Mr. Jonasson noted the City has developments with perimeter landscaping that could be considered special benefits, but it would result in different assessment levels for different areas. Ms. Vasquez pointed out that an annual assessment of $200 IS not an unreasonable amount to expect for a landscape & lighting district. In response to Council Member Henderson, Ms. Vasquez stated the process can be used for parks, but there would be a general benefit component for "City" parks. She confirmed being able to go the assessment route for parks and landscape and lighting with the provision that any assets having general benefit would be paid under the General Fund. It can be set up with two components to the rate, one for landscape and lighting and one for parks, and have property owners vote on it as one district. Mr. Genovese stated it can be looked at both ways if a study IS commissioned. Council Member Henderson stated she would have to be convinced to put the existing assessment district at risk. Council Member Kirk asked if it would jeopardize the current assessment if a successful protest vote occurred. Ms. Vasquez stated it would not automatically take the current assessment away, but it might cause more people to be aware of it. Council Member Henderson stated her understanding of what Council Member Kirk is suggesting is to leave the current assessment as it is, and check out the broader one. If it is successful, then cancel the current one. Ms. Vasquez stated if it passes it would do away with the old one, and if it fails it would revert back to the old one. Mayor Adolph stated he doesn't want to be put in the position of having to defend what is currently in existence. City Council Minutes 17 February 5, 2008 Council Member Kirk suggested looking into it, and get a recommendation from staff on what it would take to do a study. Council concurred. Mr. Genovese stated staff will come back with estimated costs on doing a study, looking at it a few different ways. Council Member Osborne suggested the taking over of Highway 111 could be a good lead into this because of the associated costs. Council Member Henderson and Mayor Adolph voiced a preference for focusing on parks. Council Members Osborne and Kirk stated they would like to look at both. Council Member Kirk stated it would help to know who has, or has not, been successful and why. REPORTS AND INFORMATIONAL ITEMS CVAG Homelessness Committee - Council Member Osborne referenced the earlier discussion regarding a homeless shelter in the west end of the valley, and voiced concern about short-changing potential financing for the eastern facility. He noted the shelter fills up quickly. Council Member Kirk asked if consideration had been given to the idea of "if we build it they will come." He also asked why the committee has ruled out stimulating the non-profits to do a western facility, and why non-profits would not be utilized for operation. Council Member Osborne stated they have discussed how the facility might attract homeless from other parts of the valley, but not from outside the valley. He noted no facilitY exists in the west end of the valley to work with. As for the County operating the facility, it will have a number of programs that will probably be funded by various agencies. Jacqueline Cochran Regional Airport Authority - Council Member Osborne stated they are looking to move the air show to the main runway next year. He further indicated that he attended the Water Crisis Roundtable Meeting in Morongo Valley, and will be proposing water conservation on golf courses during City Council goals. City Council Minutes 18 February 5, 2008 Palm Springs Desert Resort Communities Convention & Visitor's Authority - Council Member Henderson stated in order to develop a new slogan for marketing, they hired a company to do a survey of 30 respondents from 11 metropolitan areas. The overall best slogan was 46% for Palm Springs California's Desert Oasis with others being Palm Springs California Simply Paradise, Palm Springs California Glamorous by Nature, Palm Springs Discover More California, and Palm Springs California Let Yourself Go. She noted the name, "Palm Springs," is what it takes to get people here, and what the Board agreed upon is "Palm Springs California, an Oasis of Desert Resorts." They have also agreed that they have spent more time trying to satisfy the local area than trying to attract people to the valley. Mayor Adolph asked what if this doesn't do anything for the marketing program, and the revenues continue to decline. Council Member Henderson noted we don't control the economy. The main goals are future convention bookings that will fill hotel rooms, and attracting visitors. Mayor Adolph stated he believes the cities are going to start asking why they shouldn't do their own marketing. Council Member Henderson agreed it's always open for discussion, but we would have to be willing to take over the entire convention industry. Council Member Sniff stated he feels it's important to promote La Ouinta, otherwise we are betraying our businesses and citizens. Council Member Henderson noted the CV A mission is larger than any City would want to take on, and that most people don't recognize the name of "La Ouinta" as much as Palm Springs. Santa Rosa/San Jacinto National Monument Advisory Committee - Council Member Henderson stated the Friends of Desert Mountains has received a donation of $250,000 for land acquisition. Council Member Kirk stated he was recently appointed to the Friends of Desert Mountains Board, and that the grant pays for solar panels on the visitors center. He requested that the Friends of Desert Mountains be added to the agenda under Reports and Informational Items. C. V. Economic Partnership - Council Member Kirk commented on there being some financial challenges with the organization. City Council Minutes 19 February 5, 2008 Council Member Kirk stated he may attend the next Energy & Environment Committee with Steve Robbins to discuss water conservation. Bob Hope Chrysler Classic Ad-hoc Committee - Mayor Adolph reported good comments were received from the professionals and amateurs at the tournament, and food and beverage sales were good. A few problems need to be addressed before next year, but it was a very positive program overall. CVAG E!(ecutive Committee - Mayor Adolph referenced an award received for work 0111 the CVMSHCP. They also discussed funding for the cold weather operations in Desert Hot Springs, and Measure A funds for Highway 111 along with a potential name change for Highway 111. CVWD Joint Water Policy Committee - Mayor Adolph stated they will be asking for a 23% increase in water bill charges to pay for a $40 million cost for Dike #4, which wlll be ready for recharging in 2009. Sun Line Transit Agency - Mayor Adolph reported they received a proposal to increase the director's signature authority to $75,000 but the finance committee has agreed to further examine the idea. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Manager Genovese referenced the City of Coachella wanting to amend their sphere of influence. Their City Manager requested a joint meeting of the City Councils, but he has suggested a smaller group. Council Member Henderson noted the Council unanimously voted for La Ouinta's sphere of influence to go to Jackson Street and was willing to take all of Vista Santa Rosa if LAFCO didn't want to divide it. Both cities agreed at that time to go to Jackson Street. She doubts the City will ever annex all of Vista Santa Rosa, and feels 80% of the property owners will not want to be annexed because of the mitigation fee. She referenced the water districts reaching a master agreement that increased Coachella's water boundaries to Jackson Street. She doesn't have a problem letting them try for the sphere of influence amendment, but doesn't think Vista Santa Rosa will allow it. City Council Minutes 20 February 5, 2008 MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff commented on the amount of correspondence received from Mr. Fredericks and Save Our La Ouinta Neighborhood, and asked if their complaints are being addressed. City Manager Genovese stated Code Enforcement has been sent out. Mayor Adolph noted the City has no control over private streets, but he talked to representatives from the Resort, and they have agreed to try to resolve these issues. In response to Council Member Sniff, City Attorney Jenson stated a preliminary injunction has been upheld regarding Mr. Fredericks' use of the entrance gate. * * * * * * * * * * * * * Council Member Kirk spoke regarding obnoxious political signs being placed on private property just prior to elections. He noted there is a five-day loophole in getting staff to deal with this issue, and he would like to know if there is any interest in trying to tighten the regulations. Council Member Sniff stated he feels the current ordinance is good, and doesn't see any need to change it. In response to Council Member Henderson, City Attorney Jenson confirmed the possibility of shortening the five-day process. Council Member Kirk requested it be brought back as a study session or business item. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, ~~O.t\)'6 PHYLLIS MANLEY, Deputy City Clerk City of La Ouinta, California