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2008 03 18 CC Minutes LA QUINTA CITY COUNCIL MINUTES MARCH 18, 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, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT Lucia Moran reported on the Soap Box Derby by stating 13 of 30 participants are from La Quinta; conveyed support for continuing with the Dark Sky Ordinance, stating installation of street lighting would impede on the dark sky view and be cost prohibitive; suggested residents install motion sensor lights. Council Member Henderson stated many citizens do not share the same history as a community grows, and that this issue will have another discussion by the community. Council Member Sniff complemented Mrs. Moran for her service on the Planning Commission and for her involvement with the Dark Sky Ordinance. CLOSED SESSION 1. Conference with City's real property negotiator. Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located southwest of the intersection of Highway 111 and La Guinta Centre Drive. Property Owner/Negotiator: Torre Nissan, George Velarde. 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. City Council Minutes 2 March 18. 2008 PUBLIC COMMENT - NONE CONFIRMATION OF AGENDA - Confirmed Council Member Henderson requested Consent Item No. 10 be discussed separately and that Consent Item No. 19 be moved to Business Item No.4. Council Member Kirk requested Consent Item No.8 be taken up separately. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of March 4, 2008 as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MARCH 18.2008. 2. RECEIVE AND FILE TREASURERS REPORT DATED JANUARY 31, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED JANUARY 31.2008. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MANAGEMENT ANALYST TO ATTEND THE CALIFORNIA ASSOCIATION OF LOCAL ECONOMIC DEVELOPMENT (CalEdl ANNUAL CONFERENCE TO BE HELD IN ANAHEIM, CALIFORNIA, APRIL 30-MAY 2. 2008. 5. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD ON MARCH 29. 2008. ON AVENIDA BERMUDAS. (RESOLUTION NO. 2008-0101 City Council Minutes 3 March 18. 2008 6. ACCEPTANCE OF ON SITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29858-1, PALMILLA, RJT HOMES, LLC. 7. ACCEPTANCE OF ON SITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29858-2, PALMILLA. RJT HOMES, LLC. 8. APPROVAL OF FUNDING FOR COLD WEATHER SHELTER OPERATIONS IN THE CITY OF PALM SPRINGS. (See separate action below.1 9. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE FRIENDS OF THE LA GUINTA SENIOR CENTER. (RESOLUTION NO. 2008- 0111 10. APPROVAL OF SECOND READING OF ORDINANCE NO. 454 AMENDING TITLE 3 AND TITLE 6 OF THE LA GUINTA CHARTER AND MUNICIPAL CODE REGARDING uREGUIRED LANDSCAPERS COURSE ON OVER-SEEDING ALTERNATIVES.u (See separate action below.1 11. ACCEPTANCE OF MISCELLANEOUS STREET IMPROVEMENTS PROJECT NO. 2005-01 AND APPROVAL OF CONTRACT CHANGE ORDER NO.5. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE AND ONSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31348. THE ESTATES AT POINT HAPPY. PH RANCH, LLC. (RESOLUTION NO. 2008-0121 13. ADOPTION OF A RESOLUTION AUTHORIZING AN EXCEPTION TO THE RESTRICTED ACCESS DEDICATION SHOWN ON TRACT MAP 30023-1, TRILOGY AT LA GUINTA. SHEA LA GUINTA, LLC. (RESOLUTION NO. 2008-0131 14. APPROVAL OF CONTRACT CHANGE ORDER NO.8 FOR PROJECT NO. LMC 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2007/2008. 15. APPROVAL OF AN AGREEMENT WITH THE LA GUINTA HISTORICAL FOR COLLECTION MANAGEMENT AT THE LA GUINTA MUSEUM. 16. APPROVAL OF APPLICATIONS FOR FISCAL YEAR 2007/2008 PROPOSITION 1B LOCAL TRAFFIC LIGHT SYNCHRONIZATION PROGRAM. City Council Minutes 4 March 18, 2008 17. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE HISTORIC PRESERVATION COMMISSION AND PRINCIPAL PLANNER TO ATTEND THE 33"D ANNUAL CALIFORNIA PRESERVATION CONFERENCE IN NAPA VALLEY. CALIFORNIA. APRIL 23-26,2008. 18. ADOPTION OF A RESOLUTION TO SURRENDER THE FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN PERMIT FOR THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN (CVMSHCP). (RESOLUTION NO. 2008-0141 19. SEE BUSINESS SESSION ITEM NO.4. MOTION - It was moved by Council Members Henderson/Sniff to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 8. 10, and 19 and with Item Nos. 5, 9. 12. 13, and 18 being approved by RESOLUTION NOS. 2008-010 through 2008-014 respectively. Motion carried unanimously. Item No.8: Council Member Kirk requested additional background from staff regarding the shelter accepting overflow from shelters of neighboring shelters. Community Services Director Hylton stated there are assigned pick-up points in La Quinta, Coachella and Indio. Council Member Kirk questioned if this item is pending for payment of expenses already incurred. Community Services Director Hylton explained the shelter was originally designated to be in Desert Hot Springs but relocated to the Palm Springs site. Council Member Kirk questioned if the City of Indio is contributing funds to this facility. Community Services Director Hylton stated this issue has not been finalized, but is aware a request has been sent to all cities for funding. Mayor Adolph stated the Executive Board of CV AG has requested all cities contribute $6,200. In response to Council Member Osborne, Community Services Director Hylton stated the facility is under a County program and operated by Jewish Family Services; will report back regarding an additional pick-up site east of Cook Street. Council Member Osborne conveyed his concern of funding a County program that will be providing services to mainly those located west of Cook Street. City Council Minutes 5 March 18, 2008 Council Member Kirk suggested to pull this item from the agenda and direct staff to provide additional information in the next 30 days. Council Member Sniff conveyed his concern of setting a precedent. No action was taken on Item No.8. Mayor Adolph reported the City Manager has been requested to send a thank you letter to the Friends of the La Quinta Senior Center for their donation, regarding Consent Calendar No.9. Item No. 10: MOTION - It was moved by Council Member Kirk and Mayor Adolph to approve Item No. 10, adopting Ordinance No. 454. Motion failed 3-2 with Council Members Sniff. Henderson. and Osborne dissenting. BUSINESS SESSION 1. CONSIDERATION OF SELECTION OF REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. Assistant City Manager-Development Services Evans presented the staff report. Council Member Sniff stated Council Member Osborne IS next in line for appointment. Council Member Kirk stated it may be difficult for Council Member Osborne to serve on the Committee during this tax season; and questioned when the next meeting is scheduled to be held. Assistant City Manager-Development Services Evans stated the next meeting is scheduled in May 2008. Mayor Adolph suggested the issue of Board membership be discussed at the first meeting. Council Member Henderson was under the impression that she was next in rotation for appointment; and suggested not to wait for the next meeting to be scheduled by the Chamber's calendar. and bring up the issue of Board membership for discussion. City Council Minutes 6 March 18. 2008 Council Member Osborne stated he may call a meeting to be scheduled the third week in April as there are budget items needing to be discussed prior to adoption of the budget. MOTION - It was moved by Council Members Sniff/Henderson to appoint Council Member Osborne to serve for three consecutive meetings on the Chamber of Commerce Workshop/lnformation Exchange Committee. Motion carried unanimously. 2. CONSIDERATION OF BOB HOPE CLASSIC AD-HOC COMMITTEE. Assistant City Manager-Development Services Evans presented the staff report. Council Member Sniff suggested that under current circumstances, the City Council take no action at this time. Council Member Henderson stated this matter will have to be addressed sooner or later. No action was taken. 3. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD-HOC COMMITTEE TO REVIEW THE 4TH QUARTER GRANT REQUESTS. Community Services Director Hylton presented the staff report. In response to Council Member Sniff, Community Services Director Hylton stated there is approximately $13,000 remaining in the grant program account, out of $105,000; and explained the FIND request will be coming back to the City Council for further consideration. Council Member Kirk suggested giving Council Member Sniff the first option to serve on this committee. Council Member Sniff conveyed his di!:like of the function of the Ad-Hoc Committee as it is making the decisions and the City Council deals with the requests separately. Council Member Henderson recommended the appointment of Mayor Adolph and Council Member Kirk to the Ad-Hoc Committee. City Council Minutes 7 March 18, 2008 MOTION - It was moved by Council Members Henderson/Osborne to appoint Mayor Adolph and Council Member Kirk to serve on the Grant Review Ad- Hoc Committee to review the 4th Quarter Grant Requests. Motion carried unanimously. 4. CONSIDERATION OF FISCAL YEAR 2008/2009 CITY COUNCIL GOALS. (This item was moved from Consent Calendar Item No. 19.1 Council Member Henderson addressed the conflicting positions from the residents of the Cove regarding improvement of the parking lot at the Bear Creek Trails, street lighting, and undergrounding of utilities; suggested to use this opportunity to conduct a survey in the Cove area to obtain the desires of the residents; and addressed comments made by Mrs. Moran by suggesting a joint program between the City and the residents of the Cove relating to street lighting systems. Mayor Adolph conveyed his agreement with Council Member Henderson's comments and his support of conducting a survey of the residents. Council Member Sniff suggested accurate information must be provided to the residents prior to making a decision on the survey. Council Member Henderson suggested using wording such as uShould the City explore undergrounding utilities, street lighting", etc. or possibly obtain an expert to conduct a survey. Council Member Sniff suggested to have staff look at this issue and report back to the City Council. Council Member Kirk stated the City must be careful when presenting these issues and must have accurate information for the residents' consideration in making a decision. Council Member Henderson stated the City may be able to obtain other issues from residents in the Cove. Council Member Sniff suggested keeping the survey simple and having no more than two items for consideration. Council Member Kirk conveyed his support to the comments made by the City Council; noted the number one added goal was to increase police patrol by three positions to present a high visibility in the Cove; addressed item No. City Council Minutes 8 March 18, 2008 10, Develop a Master Plan, and questioned why it is included if the City Council is not going to proceed or give additional direction later, suggested to address the matter at that time; conveyed his concern that the list of goals implies a consensus of the City Council; addressed items No. 23 and 24, regarding ending membership of the CV A, and stated this item was not supported by a majority of the City Council. Council Member Sniff stated that listing the items does not mean that the City will terminate membership with the CV A. Council Member Kirk replied by explaining that the list implies that these goals are the entire City Council's goals. Council Member Osborne stated the issue of Vista Santa Rosa should be discussed further and suggested the City Council review (doesn't make sense) the land use proposal; and stated the items listed as goals are items for discussion. Council Member Sniff suggested changing the title of the document to Individual Council Member's Goals. Council Member Kirk stated that would satisfy his concern. City Manager Genovese stated staff can make the title change and clarified the intent of the document by explaining the goals are listed under one of four columns; nothing is adopted but held until it is considered which document it will be contained for review by the City Council, and he further explained when an item is placed in the Capital Improvement Program column, that item would be contained in that document for consideration and may be continued in the document or eliminated by the City Council. Council Member Henderson stated Council Member Kirk's point is well taken; and stated the City Council has operated with a certain understanding of intent. Council Member Osborne requested staff to review the possibility of becoming self-reliant in processing grey water at the SilverRock Resort; and requested the street improvements on Fred Waring Drive be made a priority. Mayor Adolph explained some of the goals are set to obtain during the course of business, and some goals will not come to fruition but will perpetuate. Council Member Henderson stated she receives the newsletter from the Cove Association which mentioned this staff report was not posted on the City's website; explained she was able to obtain the staff report online and City Council Minutes 9 March 18, 2008 suggested staff coordinate and improve the underlining of links on the website, if a problem exists. Joan Rebich, 53-810 Avenida Cortez, stated the Cove Association surveyed the area for any improvements to the parking lot and most said no, but would be happy to conduct another survey. Council Member Henderson stated she would like the entire Cove to be surveyed. Ms. Rebich stated the Association would be available to help in any way; explained the Association has approved to conduct a study on the costs for undergrounding utilities and suggested some type of financial assistance be made available; and stated goals implies action and suggested to refer to the items on the list as desired. Mayor Adolph stated he will be talking to the Imperial Irrigation District (IIDI regarding undergrounding and stated the economics will be outrageous; stated the City will need to deal with liD on this issue and do something innovative without being so cost prohibitive. Ms. Rebich stated many residents would have to take a second on their homes to afford to underground the utilities. MOTION - It was moved by Council Members Sniff/Kirk to approve the Fiscal Year 2008/2009 City Council Goals, and change the title of the City Council Goals document. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF THE DRAFT 2008/2009 ECONOMIC DEVELOPMENT PLAN. Management Analyst Casillas presented the staff report. Council Member Kirk conveyed his concern on whether this is a good opportunity but is willing to defer to the Mayor and Council; stated this is the 13th year the Plan has been prepared and have made incredible strides in terms of economic development, fiscal responsibility, the budget and strings of improvements; stated one item that has changed that is we have become a mature City, and has spoken with staff regarding regional economic development, as this plan is concentrated on local economic development; stated he sits on the Board of the Coachella Valley Economic Partnership (CVEP) and requested Jim Ferguson give a report. City Council Minutes 10 March 18, 2008 Mr. Ferguson, CVEP Executive Director, stated it is timely for the City to develop the Economic Development Plan; stated he has only been President since last year and has a municipal view of issues; explained CVEP has a budget of approximately $1 million where half a million is provided by a pass through grant and $45,000 from all the cities combined is provided toward the other half-million with wonderful private participation; explained as the economy levels off, the private sector participation declines; governments are far better to sustain economic plans and that there is not much land available for development, except mainly in the east valley; stated would like each city in the Valley to contribute $50,000 to match the half million provided from the private sector; stated the organization is going through a catharsis; explained the benefits of the organization for city participation; and requested John Soulliere address the City Council. John Soulliere, CVEP Vice President, stated he has worked in the public sector previously; explained CVEP's job is to work outside the tourism sector to create industry clusters that will bring in high wage earning, high educated, cultured people to move to the Valley; stated good jobs create home buyers, disposable income, purchases for vehicles and services, support local charities, play on golf courses, and bring intellectual capital to the region; and stated the impacts of what occurs outside of city limits affects the City today. Mayor Adolph stated the City has taken the Economic Development Plan locally about 10 years ago and can see the results; stated the point of the regional approach is good as each city affects the other. Council Member Henderson stated she remembers when CVEP started and support for it was because of the business community, with representation from two Council Members; conveyed concern of the potential of CVEP's growth to the lengths planning and may become a CV A which will lessen the involvement of the elected officials; there is a certain desperation that happens to organizations and they turn to cities for funding; stated the property southeast of La Quinta is owned by the County of Riverside, which mayor may not become a part of the City; and stated she will be fair when evaluating information to be presented. Mr. Ferguson stated the organization is not envisioning becoming a JPA; and explained the differences of this organization from a CV A. Council Member Kirk stated there is the perspective that we have Economic Development staff, but we don't because our Redevelopment Agency staff does both, and we don't have an Economic Development Director; stated cities who do not have economic development staff have excelled and City Council Minutes 11 March 18, 2008 prospered; and stated a small contribution on a regional effort will reap great rewards. Mr. Ferguson stated it has been a sore spot as some cities have an Economic Development Director and explained the view of CVEP is to provide leads to the appropriate staff and pursue the leads. Council Member Sniff suggested the Council get back on track of the subject as we have diverted; and stated this discussion should be scheduled for a later date. Council Member Henderson stated the City has fallen into some habits and what's happening here is we revisit the same market; stated maybe it's time to look at the bigger picture and see if this is still the format the City Council wants to use, and be brought into the 2,.t century. Council Member Sniff suggested staff and those involved need to distill this document and make it more meaningful for our future; stated there is a regurgitation of information and it should be modified to be more succinct. Redevelopment Consultant Spevacek stated staff has had an internal discussion regarding this same issue, and considered bringing a revised plan next year as the plan is updated every three years; stated staff will look at what the future trends are and position the City to take advantage of those trends and the thought was to use the current format this year and use a new marketing visioning effort to launch the City into a new format as we are a mature City. Council Member Osborne stated we are in a recession now and need to act now; conveyed appreciation where staff is going, but suggests not wait another year; stated there are challenges our businesses have that we need to consider and be a little more proactive for them. Mayor Adolph questioned if staff is in a position to modify this document quickly. Council Member Henderson stated the language in this document can address the concerns of Council Member Osborne. Council Member Osborne replied by stating the language in the document is vague. Council Member Henderson conveyed her agreement with Mayor Adolph's statement of there may not be a lot of time to revise this document. City Council Minutes 12 March 18, 2008 Assistant City Manager-Development Services Evans stated staff will be bringing the marketing program to the Council which will be more specific on how to target the market at an upcoming meeting, and explained the program will focus on working with the Village more closely; confirmed the City Council's suggestions of revising the document into an action plan oriented document; explained that instead of using a shotgun approach, staff will hone in on where we need to be and compile a budget to accomplish the plan; stated that under no circumstances was it staff's intent to be passive this next year. Council Member Osborne stated the Economic Development Plan, as given today, is a great document in terms of presenting what and who we are, but it does not address how to retain business in La Quinta. Council Member Sniff stated if staff is half as good as we think they are, they can bring back a revised document in 'a week; stated the need to tailor this document to current and immediate-current items, support and promote business, and to seize the issue and the future; stated the talented staff can revise this document within a week; this document is leftover from the past and there is a need to deal with 2008 now. Mayor Adolph stated the interesting point, with exception of Old Town, retail businesses are growing and increasing on Highway 111. Council Member Sniff conveyed his agreement with Mayor Adolph's statement and stated there is a need to reasonably assure success for the businesses. Council Member Henderson stated she is glad the City Council agrees with her suggestion to update the document; stated the information bringing forth in the marketing plan will address many issues stated; stated there is no reason to complete the revision of the document pertaining to certain visual changes, new title, and revamping of the language in the next two weeks, as staff will bring back the marketing plan showing business retention and support. Council Member Kirk questioned staff if a revised plan could be weaved into the budget process. Assistant City Manager-Development Services Evans stated the intent of this item is to receive direction from the City Council and set the stage for the presentation of the Marketing Plan at the April 1, 2008 meeting; stated staff can accomplish much of the suggestion made by the City Council; stated this document is the lead document for doing the Marketing Plan and then adequately budget for the programs in the plan; City Council Minutes 13 March 18, 2008 stated staff has 10 days to rewrite the Economic Development Plan and staff can do a very good job to address the comments made by the City Council. Council Member Kirk suggested to give direction to staff to rewrite the document, focusing on action items, and bring back to the City Council in two weeks; further suggested to rewrite the document into a more concise manner; stated he is not prepared to suggest a $50,000 line item in the budget regarding the CVEP presentation made by Mr. Ferguson, but would like to see the Economic Development Plan revised into an action plan format. Council Member Sniff suggested the City Council must consider what the future development of this Valley may be, and may not want to be as big as some of these folks would like us to be, as there are concerns of certain aspects such as the provision of water. 2. DISCUSSION OF THE DRAFT FISCAL YEAR 2008/2009 THROUGH 2012/2013 CAPITAL IMPROVEMENT PROGRAM. Public Works Director Jonasson presented the staff report. Mayor Adolph questioned if overflow will go into a retention basin (Washington Street Storm Drain projectl. Public Works Director Jonasson explained the latest design is to incorporate an underground retention basin. In response to Council Member Henderson, Public Works Director Jonasson explained the new signal is proposed to be about a quarter mile from the existing signal at Avenue 52 and Calle Tampico. Mayor Adolph stated the traffic coming out of Desert Club Drive going left is dangerous in the evening. Public Works Director Jonasson stated the signal will rest on green at Avenue 52, and is also necessary to look at it because of the Golf Cart Master Plan. Council Member Henderson stated she has seen more golf carts on the road with children and questioned when the Golf Cart Master Plan will be brought back to the City Council. In response to Council Member Osborne, Public Works Director Jonasson explained traffic warrants are required by a CEQA document. Mayor Adolph stated that Madison Street is currently open between Avenue 52 and City Council Minutes 14 March 18, 2008 Avenue 54 and there will be less traffic in the area; therefore, a signal may not be warranted. Public Works Director Jonasson stated staff is presenting a draft Capital Improvement Program. Mayor Adolph stated he would rather utilize funds for the median on Airport Boulevard. In response to Council Member Kirk, Community Services Director Hylton explained the School District provides maintenance of the sports fields at Colonel Mitchell Paige School and staff recognizes the fields are not in as good condition as some of the other locations, and will be working with the District to improve the fields. Community Services Director Hylton explained lighting for the fields at the Colonel Mitchell Paige School is not part of the program, but will try to tie together with a joint use agreement with the Desert Sands Unified School District, in response to Council Member Henderson. City Manager Genovese further explained the Capital Improvement Project list is a planning document, and the City would not make an investment in lighting of the sports fields without a long-term commitment from the School District for use of the fields; and stated any proposal would be presented to the City Council for approval. In response to Council Member Osborne, Public Works Director Jonasson explained staff is currently out to bid for street improvements on Highway 111 from Adams Street to Jefferson Street, which will install six lanes with dual left turn lanes at most intersections, and stated there is a challenge with. one of the property owners. Council Member Henderson suggested to utilize eminent domain to obtain the property and complete the street improvements completely. In response to Council Member Osborne, Public Works Director Jonasson explained construction of the street improvements on Highway 111 is scheduled to begin at the end of the year. Assistant City Manager-Development Services Evans stated the Vista Dunes project is scheduled to be completed by April and opening in May, in response to Council Member Osborne. Council Member Osborne questioned the timing of the traffic signal on Fred Waring Drive, and stated the project is imperative due to the safety issue at that location. Engineering Consultant Nickerson explained the traffic signal project at Fred Waring Drive and Palm Royale is currently under design and in the process of identifying the amount of right-of-way needed, which will be completed in approximately three months. Public Works Director Jonasson City Council Minutes 15 March 18, 2008 explained the project has not gone out to bid as the project is only 50% funded. Engineering Consultant Nickerson stated CV AG has responded positively to providing 75% funding to the City of La Quinta as this is a hot project for CVAG; and stated it is possible the signal may be completed by December 2008. In response to Council Member Osborne, Public Works Director Jonasson explained the Avenue 58 project is currently in design, plans are anticipated to be completed in May or June, then bring before the City Council for approval to advertise for bids, and begin work in mid-summer. Council Member Sniff commended staff for doing a good job and stated he is proud of staff's work and effort; emphasized the completion of the following projects: 1) Highway 111 improvements, which will help businesses; 21 Avenue 58 street improvements, and 31 Fred Waring Drive street improvements; and stated these three projects should have high priority for completion. Council Member Henderson questioned if it would be appropriate to have consensus to proceed with eminent domain regarding the property on Highway 111. City Attorney Jenson explained the other property owners were told the City did not have sufficient funding for the property; stated the City Council clearly has the authority, but it is rewarding bad behavior and would be unfair to those property owners who voluntarily provided the property in exchange. Council Member Henderson conveyed her agreement to the statement made by City Attorney Jenson, but there is a need to get the project completed; and questioned if the City has received written response from the property owner who is not willing to convey the property. Engineering Consultant Nickerson explained the process of dedicating the property, receiving 15 of the 16 signatures to grant the property; and stated the property owner is anticipating eminent domain action by the City. In response to Mayor Adolph, City Attorney Jenson stated if eminent domain is pursued, it would be very difficult to include reimbursement of funds with future development of the property. Council Member Kirk suggested down zoning the property if not successful in expanding Highway 111; and further stated Highway 111 is our main artery and it is in cardiac arrest. City Council Minutes 16 March 18, 2008 Council Member Kirk stated this is an extremely high priority project and suggested bringing this item back at the next meeting to discuss options further. Council Member Henderson addressed the landscaping on Airport Boulevard relating to the traffic signal project at Jefferson Street and Avenue 54 and stated the developer needs to understand the need to take a part in getting it landscaped as the City will provide the maintenance. Council Member Osborne stated the proposal was to split the installation cost with they maintaining it. City Manager Genovese stated the direction was to share the cost of the decomposed granite and rocks and for them to maintain it. Mayor Adolph questioned what happens if nothing is installed. Council Member Henderson suggested the City look forward by installing rock and maintaining it. Public Works Director Jonasson stated the City currently maintains it and sprays for weeds. City Manager Genovese explained the last estimate was $80,000 for DG and maintenance work. Council Member Henderson conveyed her desire to proceed with installing DG. Council Member Kirk questioned the need to install a traffic signal at Avenue 54 and Jefferson Street. Public Works Director Jonasson stated that a signal would not be installed that doesn't meet certain warrants, and suggested completing the traffic signal project at Madison Street and Avenue 54 scheduled for 2009 in this fiscal year, instead of the Avenue 54/Jefferson Street project. Council Member Henderson questioned why traffic signals are included in the 2008/2009 program if staff doesn't anticipate installing it during that fiscal year. Public Works Director Jonasson explained the first step is to determine, whether there is a need for warrants; stated the City Council has allocated the budget to another signal project in the past; and stated a project may be a placeholder for the time being. In response to Mayor Adolph, Engineering Consultant Nickerson explained the City will match the encroachment, except for a portion just east of the nursery. City Council Minutes 17 March 18, 2008 Mayor Adolph thanked and commended staff for aggressively completing the program. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson reported staff attended the meeting on her behalf; announced the Commission will be having a luncheon fund raiser and requested the City sponsor a table; stated she took a newly adopted cat to the Samaritans who had better prices than private practice veterinarians. CoacheUa Valley Mosquito & Vector Control District - Council Member Henderson stated the Board took action in closed session; expressed concern about Mr. Gomsi's condition as he was taken to the hospital recently. City Attorney Jenson stated she was contacted by Lisa Copeland who requested she attend the next Board meeting and provide back-up services temporarily. Riverside County Child Safety Commission - Council Member Henderson requested staff investigate if this is still a viable commission. League of California Cities - Council Member Henderson announced the next division meeting will be held on March 24,2008 in Banning. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS - None Mayor Adolph stated a letter was sent to the Governor regarding the early release of prisoners, and reported a generic letter has been received in response; stated he was unable to contact the staff member referenced in the letter as the phone number has been disconnected; and informed the City Council he sent a letter addressing the burden placed on local government due to the early release of prisoners. City Council Minutes 18 March 18, 2008 Mayor Adolph suggested moving the June 3. 2008 City Council meeting to June 2, 2008 to allow travel time for Council Members attending the League of California Cities general meeting. Council concurred. Council Member Osborne stated the electronic voting system in the Council Chamber is not working properly, and requested staff to look into installing an adequate electronic voting system. 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 Actl. ADJOURNMENT There being no further business. the meeting was adjourned. ~:'d'~r VERONICA J. ~O. Crry CI"k City of La Quinta, California