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2008 02 19 CC Minutes LA QUINTA CITY COUNCIL MINUTES FEBRUARY 19, 2008 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, Sniff, Mayor Adolph Council Member Osborne MOTION - It was moved by Council Members Sniff/Henderson to excuse the absence of Council Member Osborne. Motion carried unanimously. PUBLIC COMMENT - None CLOSED SESSION 1. Conference with City's legal counsel regarding pending litigation - Save our La Quinta Neighborhood v. City of La Quinta - Riverside Superior Court Case No. INC066377. pursuant to Government Code Section 54956.9(a). Council recessed to the Redevelopment Agency and 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 Hal Lyons, 48-621 Paseo Terrazo, commended the Council for the' design of commercial corridor on Highway 111, and the design of the Civic Center; commented on the design of the clubhouse at SilverRock Resort and stated the design is forty years behind the time. Dale Weisman, 51-030 Avenida Carranza, conveyed concern of the location of the Cove undergrounding project on the properties in the area, and the inability to install a pool or second units; addressed the aesthetics at the entrance of Bear City Council Minutes 2 February 19, 2008 Creek Trails due to the graffiti, RV parking and empty lots; and requested to meet with staff to discuss undergrounding utility installation options. Mayor Adolph requested staff to report back on the status of this issue. City Manager Genovese stated staff will report back on the issues of undergrounding utilities at the March 4, 2008 meeting. Kenneth Duran, 45-945 La Flora Lane, addressed the Ethics Resource Center's study and requested support from the City in establishing the Coach ell a Valley Commission Ethics and Public Policy to provide the checks and balances for local agencies. CONFIRMATION OF AGENDA City Manager Genovese announced the public hearing will be continued, therefore, there is no need to open the meeting at 7:00 p.m. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS 1. WRITTEN CORRESONDENCE FROM MARK WEISSMANN, TOURNAMENT DIRECTOR OF THE 2008 PRESTIGE AT PGA WEST, DATED FEBRUARY 1, 2008, REGARDING CITY SPONSORSHIP. Doug Martin, 49-328 Avenida Fernando, applauded the City Council on the manner of handling the issues in developing the City; reviewed the programs offered by the Prestige progrum; stated the event is supported by well- known sponsors, and requested the City of La Guinta to consider sponsoring the event as well. Mark Weissman, Rancho Mirage, Tournament Director for PGA West, explained top universities have expressed desire to participate in the event; stated many corporate leaders have participated in the past; explained the multiple levels of sponsorship available for the event; requested the City of La Quinta to consider participating as a sponsor. City Council Minutes 3 February 19, 2008 Council Member Kirk stated this item was considered through the grant process for last year and was determined to be ineligible for this year. Mayor Adolph explained the matter was referred to the Marketing Committee who did not support the sponsorship. Mr. Weissman stated the Prestige was not invited to the meeting to make a presentation for consideration. Council Member Sniff stated now is the time to deal with this matter in an effective way, and requested they make a proposal to the appropriate venue so it could be dealt with as a grant within our first cycle. Mayor Adolph questioned if the Council's desire is to consider as a grant or under the marketing program. Council Member Henderson stated the reason this request was sent to the marketing committee was because of the strong emphasis in marketing for the event; and stated the request has a viable opportunity to be funded under the marketing program for next year's tournament. Mayor Adolph questioned Mr. Weissman on the timing for scheduling the event. Mr. Weissman explained a full scale marketing program, via a website and radio will be established soon and requested an answer by the end of the first quarter. Council Member Henderson stated there is time to process through the marketing committee. Council Member Sniff suggested Prestige to compile information and submit it for consideration through the grant process. Mr. Weissman stated the organization is willing to provide information and accommodate the City's schedule to consider the request. In response to Mayor Adolph, City Manager Genovese confirmed there is one more meeting scheduled to consider grants. In response to Council Member Henderson, Council Member Sniff stated this request should be referred to the Marketing Committee. Council Member Henderson concurred. City Manager Genovese clarified staff will present this item to the Marketing Committee prior to the budgeting process. City Council Minutes 4 February 19,2008 In response to Mayor Adolph, City Manager Genovese stated there is funding available in various 'marketing program in this year's market program budget. City Manager Genovese further clarified that staff will forward the correspondence submitted by the Prestige to the Marketing Committee and consider funding during the budgeting process. Council Member Henderson stated she has known Mr. Martin for many years; stated there is no recognition of how difficult it is to serve on the Council when considering funding requests as there are many dedicated citizens for certain programs, but the City cannot fund them all. Mr. Weissman stated the Prestige tries to earn its own way; and further stated those who travel to attend the event, spend a considerable amount of money in the City of La Guinta. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Kirk to approve the City' Council Minutes of February 5, 2008, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 19, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED DECEMBER 31, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED DECEMBER 31,2007. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND TERRORISM TRAINING COURSE SPONSORED BY THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE IN SAN LUIS OBISPO, CALIFORNIA, APRIL 21-25, 2008. 5. DENIAL OF CLAIM FOR DAMAGES FILED BY CHRISTOPHER ENGLISH - DATE OF LOSS: JULY 26, 2007. , 6. DENIAL OF CLAIM FOR DAMAGES FILED BY CHARLES KNIGHT - DATE OF LOSS: OCTOBER 15, 2007. City Council Minutes 5 February 19, 2008 7. AUTHORIZATION TO REJECT ALL BIDS AND RE-ADVERTISE FOR BID THE AVENUE 54 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-09. 8. ACCEPTANCE OF AVENUE 52 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS AND APPROVAL OF CONTRACT CHANGE ORDER NO.4, PROJECT NO. 2006-03. 9. APPROVAL OF A REIMBURSEMENT AGREEMENT BETWEEN THE COACHELLA VALLEY WATER DISTRICT (CVWDI AND THE CITY OF LA QUINTA FOR THE CONSTRUCTION AND RELOCATION OF A WATER LINE WITHIN THE VILLAS OF LA QUINTA IN CONJUNCTION WITH THE CONSTRUCTION OF THE VILLAS OF LA QUINTA SOUND ATTENUATION WALL, PROJECT NO. 2006-02. 10. APPROVAL OF SECOND READING OF ORDINANCE NO. 453, ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT CITY MANAGER TO ATTEND THE 2008 GREEN CALIFORNIA SUMMIT AND EXPOSITION IN SACRAMENTO, CALIFORNIA, APRIL 7-9, 2008. 12. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE FRANK SINATRA COUNTRYWIDE CELEBRITY INVITATIONAL GOLF TOURNAMENT TO BE HELD FEBRUARY 22-23, 2008, AT THE INDIAN WELLS COUNTRY CLUB. (RESOLUTION NO. 2008-0071 MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and with Item No. 12 being approved by RESOLUTION NO. 2008-007. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF A MEMORIAL QUILT DONATION AND AGREEMENT FOR THE LIBRARY. Community Services Director Hylton presented the staff report. In response to Council Member Sniff, Community Services Director Hylton stated this type of donation has been accepted once before and explained City Council Minutes 6 February 19, 2008 the guidelines for accepting donations for the Library; and stated no donations have been rejected to her knowledge. In response to Council Member Henderson, Community Services Director Hylton confirmed a previous donation of a Rockwell was unable to be accepted due to the guideline requirements. Community Services Director Hylton confirmed this donation is a gift and not a loan, in response to Mayor Adolph. In response to Council Member Sniff, Community Services Director Hylton stated the dimensions of the quilt are 62" x 62". Council Member Sniff requested to view the quilt and expressed his concern of accepting the item to hang on the walls at the Library. In response to Council Member Henderson, Community Services Director stated only one side of the quilt will be displayed. Community Services Director Hylton stated it has been requested to display the quilt in the new section of the Library, northeast corner, in response to Mayor Adolph. In response to Council Member Sniff, Community Services Director Hylton stated this is a permanent donation. Council Member Sniff questioned if a small plaque would be displayed to identify the person donating the quilt; suggested to display a plaque only, without the quilt due to the size; and questioned how many large items will be accepted to be displayed on the Library walls. Council Member Kirk stated Mrs. Sharon Osby has passed away and there are many other important citizens in the area; suggested to establish a certain period of time prior to dedicating items in memoriam; and would like to take a look at the criteria for displaying items in the future. Council Member Sniff conveyed his concern of the length of time the item is to be displayed. MOTION - It was moved by Council Members Henderson/Kirk to approve the memorial quilt donation and agreement for the Library. Motion carried unanimously. City Council Minutes 7 February 19, 2008 2. CONSIDERATION OF AN ORDINANCE ADDING SUBSECTION 12.69 TO CHAPTER 12 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO REGULATIONS FOR GOLF CARTS ON CERTAIN STREETS AND ASSOCIATED MATERIALS TO IMPLEMENT PHASE I OF THE GOLF CART PROGRAM. Mayor Adolph noted this item is continued to April 15, 2008. 3. CONSIDERATION TO ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING SERVICE WITH BURRTEC WASTE AND RECYCLING SERVICES, LLC. Assistant City Manager-Management Services Plumlee presented the staff report. RESOLUTION NO. 2008-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING SERVICES WITH BURRTEC WASTE AND RECYCLING SERVICES, LLC. MOTION - It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2008-008 as submitted. Motion carried unanimously. 4. CONSIDERATION OF MID-YEAR BUDGET REPORT FOR FISCAL YEAR 2007/2008. Finance Director Falconer presented the staff report. Council Member Henderson referred to page 4 of the staff report, referencing taxes, which estimated property taxes will increase due to new construction and increase in property values; expressed concern of how and when will get a good sense of how the triple flip affected the City. Finance Director Falconer explained staff reported the vehicle license fees will go up $661,000, as a result the City will do better in the long run because of the property tax values are increasing at a faster rate than our population; explained the staff report is focused on the General Fund and not redevelopment funds; and stated the City is a little insulated from the foreclosures because of the Teter program. City Council Minutes 8 February 1 9, 2008 Council Member Henderson stressed the importance of abiding by the reserve policy, spending safely and wisely, due to the economy. Finance Director Falconer stated there have been reductions in building, permitting and Development Impact Fee revenue; and stated staff has requested a report from the County regarding Proposition A funds. In response to Council Member Kirk, Finance Director Falconer confirmed there are no changes to personnel as the City is fully staffed from the approved positions in the budget; explained one position in the Planning Department has not been filled. City Manager Genovese further explained the position is on hold until there is more activity with the sphere of influence issue. Council Member Kirk requested the City Council be informed when the recruitment for the unfilled position is initiated. Council Member Sniff stated there are a significant number of homes in the City in a precarious position, and if they are repossessed, they will be sold at a lesser amount than purchased, which will have a significant deterioration in the price of homes. Mayor Adolph expressed his support of adding over $2 million in the reserve funds; conveyed his disappointment in the recent sales tax revenues; stated he is pleased the City is doing better financially than some of the cities in the Valley; stated when the City is built-out, the Development Impact Fee and building permit fee revenue will be reduced. Council Member Sniff conveyed his support of building multi-million dollar houses; however, the City must look at the political situation before us, and if certain interest changes are made in the next Congress regarding mortgage interest deductions, then multi-million dollar home can suffer drastically. MOTION - It was moved by Council Members Sniff/Henderson to 1) approve a reduction in appropriations totaling $127,217 from the General Fund, and new appropriations of $1,120,937 in other City funds as outlined in Attachment Nos. 1-6; 2) approve new estimated revenues totaling $2,286,600 for the General Fund and a decrease of $73,897 from other City funds as outlined in Attachment Nos. '-6. Motion carried'unanimously. Council Member Henderson addressed the request for direction from staff regarding the funding request from FIND and stated it is difficult to review this type of request as it is outside our community; and stated the City does not require any support documentation for updates of the funding for the program. City Council Minutes 9 February 19, 2008 Mayor Adolph suggested this item be brought back for discussion and request representatives from FIND to explain the program. Council Member Henderson concurred. Council Member Sniff stated he is uncomfortable with this item. Council Member Kirk explained the City Council had requested this be brought back at the mid-year budget and suggested this item be brought back as a Business Session item for discussion. Council Member Sniff suggested considering this item in the budget process for discussion. Council Member Henderson stated this item was previously considered during the budget process. Mayor Adolph stated this item should be considered as a separate issue. City Manager Genovese stated staff will schedule the discussion of the FIND funding request for a future meeting as a Business Session item. MOTION - It was moved by Council Members Sniff/Henderson to receive and file the Mid-Year Budget Report. Motion carried unanimously. 5. CONSIDERATION OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE. In response to Council Member Henderson, Council Member Sniff indicated he has no desire to serve as a committee member at this time. MOTION - It was moved by Council Members Sniff/Adolph to appoint Council Members Henderson and Kirk to serve on the Civic Center Art Purchase Committee. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF CITY COUNCIL GOALS AND THE FISCAL YEAR 2007/2008 ANNUAL FINANCIAL MANAGEMENT REVIEW. Assistant City Manager-Management Services Plumlee presented the staff report. City Manager Genovese continued presenting the staff report. City Council Minutes 10 February 19, 2008 Council Member Kirk stated the issue of undergrounding utilities was raised as a goal at the last goal-setting session, and was under the impression the process would have been started and follow-up with a status report. City Manager Genovese explained six months of the Fiscal Year have passed and staff has accomplished certain goals up to this point. Council Member Kirk requested this item be included as a goal for Fiscal Year 2008-2009, if the issue will not be solved by the end of this Fiscal Year; stated the City has an opportunity to design the widening of Highway 111 to the west at Indian Wells as a major focus into the City; and stated there may be some areas that need redevelopment and look at the entire corridor to improve landscaping and design. Council Member Kirk also stated the City Council at one point addressed the importance of signage from Highway 111 into the Village and would like it to be a high priority for next year if it is not addressed by the end of this fiscal year. Council Member Henderson stated the medians on Eisenhower are not visible at night, especially when making left turns onto Eisenhower, as well as at the end of Madison when turning onto Avenue 60; and stated there is the need for re-striping on Avenida Bermudas. Public Works Director Jonasson explained re-striping is conducted every two years. Council Member Henderson stated the improvement to the parking lot at the top of the Cove was included, but was made aware staff is waiting for direction to move forward with the item. Public Works Director Jonasson explained there are PM-10 issues with the parking lot, and staff has received uproar from local residents regarding enlarging the parking lot. Council Member Henderson explained when this matter was placed on the goals list, the City knew the residents across the street claimed ownership, but it has since been revealed it is not theirs; and conveyed the importance to make improvements to accommodate additional parking. City Manager Genovese stated staff will bring this matter back as a Business Session item for discussion. Council Member Kirk stated there are no quick trails easily accessible to the public, and would like to make improvements to accommodate residents to have accessibility. Community Services Director Hylton reported staff is meeting with the Coachella Valley Trails Alliance regarding this issue ,which will be reviewed at that time. City Council Minutes 11 February 19, 2008 In support to one of the goals Council Member Osborne submitted, Council Member Henderson stated when the City Council first looked at the SilverRock Resort project, the possibility of water treatment facility or onsite water participation with CVWD was introduced; but the problem is there is not enough reclamated water at the right time of year. Council Member Sniff submitted the following goals: public safety - increase 3 more officers for highly-visual patrol for the Cove area; add to the General Fund Reserves and maintain a very conservative stance financially; end membership with CV A and utilize funds to promote businesses in La Quinta; establish a Mid-Valley, East-Valley association for advertising and promotion; pursue a positive and cooperatively receptive stance, not pro-active, regarding annexing in the Vista Santa Rosa "sphere of influence"; support the business relationships with the La Quinta Chamber of Commerce, Arts Foundation and Historical Society; support the prompt development of SilverRock Resort as a long-term revenue source for the General Fund; support the Community Services Department, including the Senior Center, Library, Museum and parks & recreation; continue to seek and develop park locations and recreation programs; investigate, in conjunction with lending institutions, to maintain a list of foreclosed homes; capital improvements to complete Highway 111 and Avenue 58; directional signs on Highway 111 to Old Town Village; and review a park assessment program. Mayor Adolph stated he is happy to see many of the goals and projects have been completed and the proactive approach of staff; agreed with Council Member Henderson's comments regarding the goals submitted by Council Member Osborne; stated he has many similar goals as submitted by Council Member Sniff; stated he will not be suggesting any additional goals, but requested staff to prioritize the ones submitted. City Manager stated staff will modify the chart by adding the new goals and will be categorized as previously explained. REPORTS AND INFORMATIONAL ITEMS CoacheUa Valley Conservation Commission - Council Member Sniff reported the Commission directed the Executive Director to place various components in place. League of California Cities - Council Member Henderson reported the Executive Committee for the Riverside County reviewed AB 375 which deals with greenhouse gases, transportation and housing; stated the Board is looking for specifics on the issue; and stated the current focus is on Prop. 98 and 99. City Council Minutes 12 February 19, 2008 Transportation Committee (CVAGI - Council Member Kirk reported CVAG has received a small grant from SCAG; stated it was suggested a lot more be done in the class 2 bikeway system; and reported the Committee established a small task force to review the issue. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS Community Services Director Hylton reviewed the two reports provided to the Council regarding the Art in Public Places Strategic Plan 2007/2008 and the La Guinta Museum Operation Plan. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING A LETTER TO THE GOVERNOR OPPOSING PROPOSALS TO REDUCE PRISON INMATE AND PAROLEE POPULATION TO BALANCE THE STATE BUDGET. Council Member Kirk stated the Governor is facing dire situations regarding the State budget; stated the Sheriff has requested the cities in the County to send a letter opposing the release of inmates; and explained the City Manager has drafted a letter to address the issue. It was the consensus of the Council to send a letter to address the issue. 2. DISCUSSION OF MORTGAGE FORECLOSURES IN THE CITY OF LA QUINTA. Mayor Adolph explained if the City is not aware of the vacated properties due to foreclosures, it will not be aware of failing maintenance of the property or homeless taking residence in the empty homes. City Attorney Jenson reported the City could establish notification requirements by mortgage companies of foreclosures; referred to an ordinance adopted by the City of Chula Vista which is very restrictive; explained an alternative is to contract with a title company to obtain the information to contact lenders regarding code enforcement issues. City Council Minutes 13 February 19, 2008 Mayor Adolph conveyed the importance for code enforcement to be aware of the properties which are vacant to monitor for maintenance purposes. Building & Safety Director Hartung explained it does become apparent if a home is vacated; stated staff can notify the lender for violations; explained staff has provided maintenance to vacated homes and placed. a lien on the property; stated staff has worked with neighbors to water trees; and stated staff will obtain the information from the title company and issue the list of vacated homes to code enforcement officers to monitor. The City Council 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 A RESOLUTION TO IMPOSE A GOLF CART PERMITTING FEE. Mayor Adolph noted this item was continued to April 15, 2008. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Kirk to adjourn. Motion carried unanimously. VERONICA City of La ONTECINO, City Clerk uinta, California