2008 05 20 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
MAY 20, 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: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
ABSENT: 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 conditions
of acquisition and/or disposition of real property located at the southeast corner
of Miles Avenue and Washington Street. Property Owners/Negotiators: Lennar
Desert Villas Development, Gary Glazer; CP Development La Quinta LLC,
Richard Oliphant; The Dolphin Partners, Kevin Pitts; and Hibachi Restaurants,
Huy Vu.
2. Public employee performance evaluation pursuant to Government Code
Section 54957, Council-appointed position.
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
Stan Ford, Coachella Valley Parks & Recreation District, gave an update on the
progress of the Coral Mountain Discovery Park, and registration of The First Tee
youth golf program. ,
City Council Minute:, 2 May 20, 2008
CONFIRMATION OF AGENDA
City Manager Genovese announced a memorandum has been distributed regarding
minor changes to the Assignment and Assumption Agreement presented in
Consent Item No. 20 on the City Council agenda and Consent Item No. 5 on the
Redevelopment Agency agenda.
Council Member Kirk indicated he has questions regarding Consent Item No. 18,
and Mayor Adolph stated he has questions regarding Consent Item No. 12.
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 May 6, 2008, as submitted. Motion carried with Council
Member Osborne abstaining.
CONSENT CALENDAR
until r/ember Kirk spoke regsrdir;g Itc.-•i P:c. 13, and thanked staff for compiling
< < ~E~~ r,:;-crt; questioned why tiie ::vcraC t:adset changed from $640,000 to $1.1
r.Z;;'i^~. Management Analyst Casillas ~;;;~lained the change is due to the new
component of business development, new programs such as shopping, events of
Community Services, and local advertising for tourism. Council Member Kirk
requested ,Item No. 18 be taken up separate~y as there are some elements in the
program he does not support.
Mayor Adolph spoke regarding Item No. 12, and questioned if Kirkpatrick is
responsible for maintaining, staking, and replacing trees on Avenue 52. In
response, Public Works Director Jonasson explained Kirkpatrick is responsible for
maintaining and replacing trees for the first °0 days, and for staking and strapping
the trees; and confirmed Kirkpatrick is monitored by a field supervisor.
v 4
City Council Minutes 3 May 20, 2008
Mayor Adolph expressed concern about proper maintenance of right-of-ways, and
promoting a positive image of the City; and that Kirkpatrick is being monitored.
Public Works Director Jonasson stated staff will address the issues and follow-up
with Kirkpatrick.
Council Member Sniff agreed with comments made by Mayor Adolph; and stated
normal maintenance includes trimming the trees, and if they are not being properly
maintained, staff should discuss it with the contractor.
1. APPROVAL OF DEMAND REGISTER DATED MAY 20, 2008.
2. • RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2008.
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MARCH
31, 2008.
4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS
TRAFFIC SIGNAL TECHNICIAN TO ATTEND THE THREE-DAY NEMA
ADVANCED CLASS IN ANAHEIM, CALIFORNIA, JUNE 17-19, 2008.
5. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 31311, WATERCOLORS, SANTA ROSA DEVELOPMENT, INC.
6. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 31311, WATERCOLORS, SANTA ROSA DEVELOPMENT, INC.
7. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) AND AUTHORIZATION TO ADVERTISE FOR BID THE AVENUE 58
PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-186.
8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX
ENGINEERS, INC.
9. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH GREYSTONE
CLUBHOUSE ASSOCIATES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, FOR STREET AND LANDSCAPED MEDIAN IMPROVEMENTS ON
AVENUE 52 ASSOCIATED WITH SITE DEVELOPMENT PERMIT NO.
2002-730.
10. ADOPTION OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF
THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE
COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND
HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY
PARCELS UNDER CSA 152. (RESOLUTION NO. 2008-035)
City Council Minu±es 4 May 20, 2008
11. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) FOR STREET SWEEPING
SERVICES.
12. .APPROVAL OF AN AMENDMENT TO THE CITYWIDE LANDSCAPE
MAINTENANCE SERVICES AGREEMENT WITH KIRKPATRICK
LANDSCAPING SERVICES, INC., PROJECT NO. LMC 2005-08 FOR FISCAL
YEAR 2008/2009.
13. APPROVAL OF AN AMENDMENT TO THE LANDSCAPE LIGHTING
MAINTENANCE SERVICES AGREEMENT WITH BRUCE KRIBBS
CONSTRUCTION, PROJECT NO. LMC 2004-04 FOR FISCAL''' YEAR
2008/2009.
14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE SENIOR CODE
COMPLIANCE OFFICER TO ATTEND THE SPECIAL TRAINING EVENT
SPONSORED BY THE CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT
OFFICERS IN VENTURA, CALIFORNIA, MAY 28-30, 2008.
15. APPROVAL OF A MUNICIPAL LEASE AGREEMENT WITH CANON COPIERS
TO PROVIDE DIGITAL COPIERS, MAINTENANCE, AND SUPPLIES.
16. ADOPTION OF A RESOLUTION IN SUPPORT OF STATE FUNDING FOR NEW
JUDICIAL POSITIONS ALLOCATED FOR 2007/2008 AND 2008/2009.
(RESOLUTION NO. 2008-036)
17. APPRQVAL OF BOB HOPE CHRYSLER CLASSIC PLAYER SPOTS AND
ENTRY PASSES.
;18., APPROVAL OF CITY OF I_A QUItdTA MARKETING PLAN FOR FISCAL YEAR ''
_ 2008/2009. (See se~sr~,te actin below.) ~` e . -,:.,_:`
19. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND
BETWEEN CP DEVELOPMENT LA QUINTA, LLC, AND HUY VU (HIBACHI
RESTAURANT) FOR PROPERTY .LOCATED AT THE SOUTHEAST CORNER
OF WASHINGTON STREET AND MILES AVENUE.
20. APPROVAL OF AN AGREEMENT FOR DEPOSIT OF FUNDS BY AND AMONG
THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT
AGENCY, LENNAR HOMES OF CALIFORNIA, AND DOLPHIN LA QUINTA;
LLC, AND AN ASSIGNMENT AND ASSUMPTION AGREEMENT FOR
PROPERTY LOCATED WITHIN THE CENTRE POINTE DEVELOPMENT AT THE
SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE.
~,„~.~~ ,
City Council Minutes 5 May 20, 2008
21. APPROVAL OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM STORMWATER DISCHARGE PERMIT IMPLEMENTATION
AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT.
MOTION - It was moved by Council Members Sniff/Kirk to approve the
Consent Calendar as recommended and amended (minor changes to Item No.
20 pursuant to memorandum referenced under Confirmation of Agenda) with
the exception of Item No. 18, and with Item Nos. 10 and 16 being approved
by RESOLUTION NOS. 2008-035 through 2008-036 respectively. Motion
carried unanimously.
Item No_ 18'
MOTION - It was moved by Council Members Sniff/Henderson to approve
the City of La Quinta Marketing Plan for Fiscal Year 2008/2009. Motion
carried by a vote of 4-1, Council Member Kirk dissenting.
BUSINESS SESSION
1. CONSIDERATION OF DEVELOPMENT AGREEMENT 2006-011 SECOND
READING OF ORDINANCE ASSOCIATED WITH DEVELOPMENT OF THE
EDEN ROCK PROJECT INVOLVING PROPERTY WITHIN PGA WEST
DEVELOPMENT, OR ALTERNATIVELY, RE-INTRODUCTION OF A REVISED
VERSION OF A DEVELOPMENT AGREEMENT 2006-011 ORDINANCE.
Mayor Adolph excused himself from participating on this item due to a
potential conflict of interest based on his personal residence, and left the
dais.
Assistant City Manager-Development Services Evans presented the staff
report.
Council Member Henderson questioned if the language in the agreement
refers to the Homeowner's Association, or an outside entity, being-'
responsible for monitoring the tracking system. Assistant City Manager-
Development Services Evans confirmed the language is included in the
agreement.
Council Member Kirk referred to Page 4 of the staff report, and questioned if
staff had stated Watermark Villas was the only project that includes a
tracking system in the development agreement. Assistant City Manager-
Development Services Evans confirmed and stated staff was erroneous in
City Council Minutes S May 20, 200E
their response as Watermark Villas does not have a tracking system included
in the agreement.
In response to Council Member Kirk, City Attorney Jenson stated the
applicant is paying for the costs for the revisions to the development
agreement as they have a deposit of funds with the City.
Council Member Henderson stated she believes the City Council was
discussing the incentive issue of the units and the per-unit costs being an
incentive to rent the units; remembers all of that being an incentive issue and
thought the City Council had moved away from this issue; have had various
discussions on various projects on tracking TOT; not 100% sure the issue
has been brought back, but remembers a discussion at the last meeting that
this item was to be brought back with a signed development agreement.
City Attorney Jenson explained the process of reintroducing an ordinance
because of the modifications made to the ordinance; and stated she has
executed copies of both versions of the development agreement signed from
the developer.
In response to Council Member Henderson, Assistant City Manager-
Development Services Evans explained the tracking of TOT could be hired
out by an outside entity, by the Homeowner's Association (HOA), or the
HOA's management company; and explained if the tracking was monitored
by an outside entity who collected the data, then the HOA could submit the
report to the City; further explained the City is not dictating how they create
the report, just that the HOA must submit the report; and stated the
developer's concern is that the process would be an added burden to the
existing HOA.
Council Member Henderson stated each of these agreements are setting
precedents for the next one that comes along, and the City Council is trying
their best to accommodate all entities involved; stated the City must protect
its revenue stream; and questioned if there is an alternative to handling TOT
other than a tracking system.
Assistant City Manager-Development Services Evans stated the City can
impose a process Citywide on all properties that rent, as opposed to only
those with zone changes or general plan amendments.
Council Member Henderson stated the City has the TOT ordinance which
covers all properties in the City, but we don't have any idea how many
properties in the City are being rented and not paying any TOT. Assistant
City Manager-Development Services Evans stated the purpose of having a
City Council Minutes 7 May 20, 2008
tracking system for properties that were originally intended to be zoned
commercial in the General Plan, is to have an obligation to keep track so the
City receives the TOT generated from those units.
Council Member Sniff stated there will be rentals in the City and no one
knows how many; and questioned if staff had any suggestions how the City
is going to keep track of the TOT. Assistant City Manager-Development
Services Evans explained outside entities collect the TOT throughout the
year, but don't specify which units or project; stated an alternative would be
to either return to a mandatory registry and enforce it, which would be
difficult, or ask the HOA to track it, which would keep them in
communication with their residents and be made aware the City requires the
payment of TOT of rental units, which is a less burdensome regulatory
mechanism to receive the report; and explained the reporting system serves
as a reminder to the HOA that they have an obligation to participate in the
TOT program.
Council Member Sniff stated both versions of the agreement have been
signed, which indicates both are acceptable by the developer; and stated the
City needs to move forward with this and get it resolved; stated the simplest
way is to move forward with what we have already initiated; and stated the
City has rentals and needs to make sure they are tracked by a reliable
process.
Louis Swart (the applicant), of Portland, Oregon, commented on progress
made at the last meeting, and stated mitigation of revenue was staff's
concern while the residents' concern was the adverse impact of a rental
community created by the project; stated he had agreed to increase initial.
sales fees to 75 basis points and resale to 55 basis points; stated the
developer has added over S3 million to the City's revenue stream over time
and will be highly trackable and predictable because it's tied to the escrow
process; stated he was under the impression after the last City Council
meeting that the rental tracking system, which is an unfunded mandate,
would not be applied; stated he was surprised to find it still in the
development agreement, and felt signing it would be a betrayal to the
residents; and stated he has since signed two agreements, one with the
rental tracking system and one without.
Richard Zeilenga, attorney for Crowne Point LLC, stated the original version
of the agreement included an initial payment by the developer, an annual
payment by future homeowners, a credit against the annual payment for any
TOT rental payments made, and a rental tracking system; stated the City
Council replaced the annual payment entirely with an increase fee paid by
the homeowner upon sale at .55%, increased the developer's initial fees
City Council Minutes 8 May 20, 2008
substantially to .75% and eliminated any credit against TOT rentals; stated
they understood the Council had eliminated the entire annual payment TOT
credit approach, including the administrative machinery of that approach in
terms of tracking TOT rentals and credits; stated the understanding was
other than the Eden Rock HOA paying the initial payment upon the sale of
the unit, they would be treated the same as other residents of PGA West,
and wouldn't have any increased financial burden relating to a tracking
system; stated they were under the impression that the City's TOT
ordinance be applied to the rental tracking system; stated the City Council's
increase of fees actually increases the amount of revenue over the staff's
original proposal.
Council Member Henderson stated the formulas as presented included a
revenue stream from both the annual fee and TOT to reach the estimated
amount. Mr. Zeilenga stated that is correct and was going to make that
point. Council Member Henderson stated she recalled the conversation
when the annual fee was changed; it still included the TOT to reach the
figure. Mr. Zeilenga stated their understanding was that the way to bridge
the gap was to increase the initial payment and resale payments which
generates more revenue than originally estimated, and not pursue a small
additional amount through the TOT; and stated imposing a rental tracking
system will not enforce the reporting of TOT for rental properties.
Council Member Henderson stated what this process is implying is that the
City should not do any development agreements, change zoning, or try to
compromise between current day economics and conditions, and stay with
the way it is.
Mr. Zeilenga stated if the City stuck with the property the way it was which
was raw dirt which was sitting there for over 20 years without a hotel, not
producing revenue; stated now there is a development agreement for a
project, if the economy turns, and the City has a proposal that will general
revenue. Council Member Henderson stated that's why the City has spent
the last year putting an agreement together.
Mr. Zeilenga stated the developer has signed both versions; stated including
a rental tracking system puts an additional burden which other PGA West
residents do not have, and it doesn't guarantee it will enforce all to comply;
and stated the developer should not be put in a position to be in breach of
contract.
Mr. Zeilenga further commented he disagrees with the statement in the staff
report which states the rental tracking system does not impose additional
burden; stated the language was based on Legacy Villas development
City Council Minutes 9 May 20, 2008
agreement, which is very different from the resale approach; stated the
developer received notice the City wants S 18,000 for rewriting of the
development agreement, with 53,000 for outside consultants, and $15,000
for the City Attorney costs; stated the developer has paid the $18,000 to
the City; and closed by requesting the City Council to consider the points
made and stated he wishes to have the same process as the rest of the
residents at PGA West.
Chuck Gauther, 54-799 Riviera, representing the homeowner's association at
PGA West, stated there is an efficient system in place to collect TOT
through the real estate community who collects directly from the tenant; and
stated since the Eden Rock HOA will not have management personnel, the
realty personnel will have contact with the tenant; and questioned at what
cost will the City pursue those not reporting TOT for rental units.
James Cox, 55-914 Brea Burn, reiterated Legacy Homes is 80% investor
owned, and is connected with the La Quinta Hotel for renting their facility;
stated the PGA West rentals are at 15% and will be the same for Eden Rock;
stated he has been a District Delegate for the Fairways Association for the
past eight years and has discussed rental tracking systems, annual fees,
offsets and the administration for these with the President of the Fairways
Association and the President of Monarch, which is the management
company for PGA West; stated the TOT will not be tracked by the
Association and Eden Rock will have to create their own association and find
their own administrator; explained that at 15% rental of 40 units, with
rentals from 51,000 to 52,000 per month, will create a TOT of $48,000 to
596,000 paid to the City; explained an estimate of the cost for the
administrator is between S 10 and 520 per unit, per month, and at 520, the
cost is 565,000 per year, at $10 it is less; stated in comparison, if going to
have somewhere around 596,000 in TOT collected by a real estate company
with a rental tracking system, and collect another 20%, then still charging
the homeowners 565,000 to receive another 520,000 which is not fair.
Council Member Henderson stated she is not sure it makes a whole lot of
difference, other than presented, that there was potentially a cost of the
tracking system of 510 or 520 per unit, per month for a possibility of 40
units; and questioned if the City can get 40 units at 510 per month up to
535,000 or 540,000. Mr. Gauther stated it is based on all the units not just
those rented.
Council Member Henderson questioned when the annual and resale fees
were increased, did this increased figure still depend on the TOT in the
formula presented to reach the figure. Assistant City Manager-Development
Services Evans stated staff testified that they preferred keeping the TOT
City Council Minutes 10 May 20, 2008
neutral; did not believe it would reach S2 million in 10 years; and stated the
developer's testimony was they would prefer to keep the TOT in the
discussion.
Council Member Henderson questioned if the developer preferred to have
both sources of funding in the development agreement during negotiations.
Assistant City Manager-Development Services Evans stated they used both
sources of funding in discussions and their testimony before the City Council
and would need to refer back to previous notes to state the exact manner
they addressed it.
Council Member Henderson questioned if the increased fee covered the total
amount generated revenue over a particular course of time; and if the
revenue generated was more than what staff thought the City needed.
Assistant City Manager-Development Services Evans stated the payment
structure with the initial payment and the other payment, the developer
calculated the revenue would exceed the original proposal; stated staff
calculated the formula for the first twenty years which resulted in less
revenue, but exceeded revenue estimates for the next 20 years.
Council Member Henderson stated what is going to make a difference is
whether the City Council eliminates the tracking of the TOT.
Council Member Kirk questioned how is the City going to track the TOT ,
and if the City should track the TOT; conveyed his disagreement to the
comments made that the current TOT system is not sufficient and the
biggest renter of independent units is vrbo.com, and have never asked if
they are collecting TOT but guesses they are not; stated the focus on
revenue streams from staff who has done a dutiful job; stated this revenue
source may be more difficult to achieve; stated if the City doesn't want to
track the TOT, then will have to hire an expensive consultant and vvill be
expensive for the HOA as well; stated a tracking system and a reminder from
the HOA will encourage compliance; stated he does not see a tracking
system will be an effective way to obtaining the objective; started with an
agreement with an annual payment and credit with a tracking system which
made sense, now have a fee at the time the transaction and a tracking
system that does not make sense; sees two strikes against the tracking
system, 1) may not generate enough revenue, given the administrative
expense, and 2) it doesn't make any sense; and stated he is in favor for the
second recommendation to eliminate the TOT rental tracking system.
City Council Minutes t 1 May 20, 2008
Council Member Sniff stated the bottom line is there is no fool-proof tracking
system; stated the system puts the burden on the HOA and owners that
cannot be 100% legitimately be reported; stated he is considering to support
the second recommendation.
Mayor Pro Tem Osborne stated when reached an agreement at the April 15`"
meeting, the City Council thought they had satisfied the revenue necessary
as staff proposed; stated he believes can compare to the Legacy agreements
which were specifically designed for rental use, and this project is not
specifically designed for rental use; stated to include the tracking system and
mandate the HOA monitor is an excess burden on the homeowners; stated
the City is obviously not receiving all of the TOT in the city; and conveyed
his support for Alternative No. 2 recommendation.
MOTION - It was moved by Council Members Kirk/Henderson to take up
Ordinance No. 457 by title and number only and waive further reading.
Motion carried with Mayor Adolph absent.
ORDINANCE NO. 457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2006-011 BY AND
BETWEEN THE CITY OF LA QUINTA AND CROWNE POINTE PARTNERS,
LLC. (EDEN ROCK AT PGA WEST).
It was moved by Council Members Kirk/Sniff to re-introduce Ordinance No.
457 on first reading (removing the rental tracking system for TOT-. Motion
carried by the following vote:
AYES: Council Members Henderson, Kirk, Sniff,
Mayor Pro Tem Osborne
NOES: None
ABSTAIN: None
ABSENT: Mayor Adolph
2. CONSIDERATION OF IMPERIAL IRRIGATION DISTRICT (IID) ENERGY
REDUCTION PROGRAM AND GREEN AND SUSTAINABLE PROGRAM.
Assistant City Manager-Management Services Plumlee presented the staff
report.
Mark Weber, Imperial Irrigation District Energy IIID), 78-795 Watefield Circle,
introduced Nir. Phil Falkenstein, Project Manager.
City Council Minutes 12 May 20, 2008
Phil Falkenstein, presented five service areas of the program for City
facilities: water treatment pumping stations; La Quinta residences,
commercial/industrial facilities; non-residential new construction; and public
relations.
In response to Council Member Kirk, Mr. Falkenstein explained the low-
income program includes a 30% discount on their electric bill; the program
has been in effect since 1998; will report back how many low-income City
and Valley residents are in the program; reported the residential rate is
approximately .13 cents; and will report back on the number of La Quinta
residents taking advantage of the appliance rebate program.
Council Member Kirk stated the staff report states Fred Bell approached the
City, but remembers one of the City Council's goals last year was to
implement an energy efficiency program; and thanked staff and IID for doing
an excellent job.
Mr. Falkenstein reported that up until last year, the organization had several
local agencies helping with the rebate process, but residents can now
download the application online.
Council Member Osborne stated he is glad IID has this program and helping
residents to conserve energy; stated he looks forward to hearing more about
what IID is doing to help home and business owners in the City and helping
them to take advantage of their programs.
In response to Council Member Sniff, Mr. Falkenstein explained power is
generated by generators on the All American Canal; IID is in discussions to
implement geothermal systems; and stated the organization has established
requests for proposals to obtain the best pricing for purchasing additional
power.
Mr. Mark Weber explained the organization owns pieces of a nuclear facility
in Palo Verde and assets in coal fire out of state; explained environmental
regulations make it difficult to purchase "not clean" power out of state.
Council Member Sniff questioned if solar power is utilized. Mr. Weber stated
the organization is active in solar, but it is not affordable.
Mayor Adolph thanked IID for their aggressive approach to saving energy and
allowing the City of La Quinta to take part of this program.
City Council Minutes 13 May 20, 2008
Mr. Falkenstein
partnering with
entities to the
facilities.
stated the key to the concept of helping the residents is
the City of La Quinta and provide the credibility of both
residents and businesses, and use case studies at City
MOTION - It was moved by Council Members Sniff/Kirk to approve a City of
La Quinta and Imperial Irrigation District Energy Reduction Program and
Green and Sustainable Program. Motion carried unanimously.
3. CONSIDERATION OF NAMES FOR THE CENTRE POINTE DEVELOPMENT
PARK.
Community Services Director Hylton presented the staff report.
Council Member Sniff recommended to give serious consideration of naming
the park in the name of Larry Allen who was involved in the initial
establishment of the City; stated precedence was established with the
naming of Fritz Burns Park, Francis Hack and Fred Wolff Parks; and stated he
deserves to have a park be named after him and honor him.
Council Member Osborne conveyed his liking to the idea proposed by Council
Member Sniff; stated the name of Mountain Vista Park may not apply as
there may not be much of a view after the development is completed; and
stated the City should honor Mr. Allen by naming the park after him.
Council Member Henderson stated she has not thought of renaming the park
after someone in town, but is not opposed to it; stated Mr. Allen would be
thrilled.
Council Member Kirk questioned if Seeley Drive was named after ariything
specifically. Community Services Director Hylton stated it is not known.
Council Member Sniff stated the street was named after a County
Supervisor.
Council Member Kirk stated he is not opposed to naming the park after Mr.
Allen, but not sure about considering Mr. Allen specifically; suggested the
City Council should follow the criteria established by the City Council in
1995, which states park names should be based on either historical events
or names, places and feature names, and person or person names; stated the
last priority is to name after living people; and if going to name after
someone who is alive after a study of civic involvement; stated he doesn't
know if there are other people with historical significance in the City of La
Quinta; stated he is not sure if Mr. Allen is the best person to name a park
City Council Minutes 14 May 20, 2008
after; and stated it is very easy to jump on the bandwagon when naming a
park after someone, however may be better names for this particular park.
Council Member Henderson stated there are procedures established and is
not in favor of changing the procedures.
In response to Council Member Kirk, Community Services Director Hylton
stated this issue is not time sensitive and staff would be happy to obtain
information on the civic involvement of Mr. Allen.
Council Member Kirk stated he would like information on why the street is
named Seeley Drive.
Mayor Adolph stated he knows Mr. Allen very well and his background;
stated he has no objections to naming the park after him, but he no longer
lives in the City; stated he was one of the founding members of the
community and one way to honor him is to name a park after him; and
conveyed his support in conducting research of Mr. Allen's accomplishments
and the naming of Seeley Drive.
Council Member Sniff stated it is a nice thing to honor people when they are
still alive; and stated he has no objection with this going back to the
Community Services Commission to research the accomplishments of Mr.
Allen.
No action was taken on this item.
STUDY SESSION
1. DISCUSSION OF AN AMENDMENT TO LA QUINTA MUNICIPAL CODE
SECTION 9.160.060 -PERMITTED TEMPORARY SIGNS.
Planning Director Les Johnson presented the staff report.
Council Member Kirk thanked City Attorney Jenson and Planning Director
Johnson for compiling the staff report; stated the attorney's position is
conservative because of first amendment rights; and questioned if the City of
Indian Wells enforces a ban on temporary signs. City Attorney Jenson
explained the City of Indian Wells has a ban on all temporary signs on the
public right-of-way; stated the City cannot differentiate between the types of
signs.
City Council Minutes 15 May 20, 2008
Council Member Kirk stated the City has a reasonably good sign ordinance,
but it is abused just before the election; stated there is a strategy during the
election which allows a large banner to be erected outside the public right-of-
way and the property owner has five days to remove it from the date of the
notice of violation.
Council Member Sniff stated if people put up signs four days before the
election, they will loose as 50% of the votes are absentee ballots.
Council Member Kirk questioned if the City can give a one day notice
requiring applicant to remove the sign. City Attorney Jenson stated the five
days is an adjudicated due process, four days is closer to being risky and one
day is virtually nothing, especially if giving written notices; and stated there
must be reasonable time for someone to take steps to respond to the notice.
Council Member Sniff suggested the City could notify people who take out
the permit if the sign is in violation, it will be removed immediately. City
Attorney Jenson stated if putting them on notice of violating the code, the
City still has an issue with notice to private property owners..
Council Member Kirk stated a candidate who might pull a permit may argue
the sign on private property is not his sign.
Council Member Sniff stated what we have currently does a good job and
doesn't see a need to change anything; and stated he doesn't take offense
with the signs as long as they are removed after the election.
Council Member Kirk stated he finds all the temporary signs distasteful and
those placed illegally are the most distasteful; questioned if a penalty can be
established, if he cannot obtain his objective. City Attorney Jenson stated
the City can establish a fine but only across the board.
Council Member Kirk questioned the City Council if there is any interest by
the rest of the members in establishing a penalty.
Council Member Henderson conveyed her agreement to looking at a method;
stated staff would be placed in an awkward position because the penalty
process would be quick. City Attorney Jenson explained the public is
charged with knowledge and the notice of violation can indicate the violation
is subject to a fine.
Mayor Adolph stated he wished Council Member Kirk was on the City
Council when they dealt with this many years ago; and conveyed his dislike
of the temporary signs.
City Council Minutes 16 May 20, 2008
City Attorney Jenson questioned if there is any interest in banning temporary
signs in the public right-of-way. Council Member Kirk stated he would be
interested.
Council Member Osborne questioned the definition of the public right-of-way.
City Attorney Jenson stated the definition is established by the code.
Council Member Henderson stated the reason the temporary sign ordinance
was established is because the City has organizations and events that utilize
them to bring patrons into the event area. City Attorney Jenson stated the
City cannot differentiate between types of temporary signs. Council Member
Henderson stated the City has already established to permit temporary
directional signs, without the organization's name on it.
Council Member Sniff stated he is not in favor of any changes.
Council Member Osborne stated if there is a way to eliminate political signs
in the right-of-way he would support it.
Mayor Adolph stated the good news is that in our City, it is not abused.
Council Member Kirk stated it is not clear there is a majority on the subject
of how to deal with signs in the right-of-way; and requested the City
Attorney to research if the City can penalize or restrict flagrant abuses of the
temporary sign ordinance, revisit the issue of restricting all signs in the right-
of-way, and allowing the directional signs that have been previously allowed
to be posted.
REPORTS AND INFORMATIONAL ITEMS
CVAG Homelessness Committee -Council Member Osborne reported on the west
service center, and stated the formula requested by CVAG includes 550,000 per
year for the next 30 years but did not address the operational cost; have
established a formula for the cities to contribute; concern about how other cities
will be able to fund their portion; maybe strictly a Riverside County project as it
may be a challenge for some cities in the Valley to contribute; and stated the City
of La Quinta should provide support for the homeless as there are homeless in the
City and some support on a long-term basis for the eastern facilities.
CVAG Human and Community Resources Committee -Council Member Osborne
reported the Housing Summit will be held on June 19, 2008 at the Agua Caliente
Resort Spa Casino.
City Council Minutes 17 May 20, 2008
Chamber of Commerce Workshop/Information Exchange Committee - Council
Member Osborne thanked staff for providing a report as well as the Chamber of
Commerce; stated they are under new leadership and will be providing better
information to the City and how business can be successful.
Council Member Sniff questioned if there were more representatives at the meeting
this time. Council Member Osborne responded yes. Council Member Sniff urged
all to be careful in supporting homeless shelters in other parts of the Valley; and
stated the "do good thing" can be very expensive and the 30 years is a long
commitment.
CVAG Energy & Environmental Resources Committee -Council Member Sniff
reported the Committee approved a lengthy list of goals.
Council Member Henderson referenced the homelessness issue, and commented
the City should be supporting an existing organization, such as Martha's Village,
with a partnership where an X amount of dollars would go toward the City of La
Quinta to address the homeless issue; and stated the City should be in partnership
with a local agency as the homeless in our City would never get to the western
facility.
CVAG Transportation Committee -Council Member Kirk reported there was 15%
of the funds under the old Measure A that was went to State highways; was told
there was more money in the account in old Measure A, just found out there isn't
more money and maybe less than thought; was suggested to go to the CVAG
Executive Committee and increase bonds for new projects; already have a list of
projects and the new projects were established based on the additional funds
available in Measure A; and reported in effort to improve non-motorized
transportation, the Committee will make a recommendation to the Executive
Committee to obtain federal funding to link the cities in the Valley.
Public Safety -Council Member Kirk reported the Committee discussed goals.
Energy Subcommittee -Council Member Kirk reported there was discussion of
getting the water districts more involved with the cities similar to the relationship
between the City of La Quinta and CVWD.
C.V. Mountains Conservancy -Council Member Kirk stated they took steps to
acquire wilderness areas between the Mecca Hills, Oricopia Mountains and Joshua
Tree to link the areas together; and stated the Friends of the Desert Mountains is
looking for an Executive Director.
City Council Minutes 18 May 20, 2008
All other reports were noted and filed.
DEPARTMENT REPORTS
1. CITY MANAGER.
City Manager Genovese announced the City Council has scheduled a meeting
for June 2, 2008 which is the same date CVAG is having a joint meeting
with CVCC; and stated the agenda will be reviewed for any issues.
City Manager Genovese also stated the City of Coachella has been contacted
for a meeting and their City Manager will be contacting staff for a meeting
regarding the Sphere of Influence.
2. CITY ATTORNEY.
City Attorney Jenson distributed a memo as a follow-up to the CVWD/Indio
litigation; stated she has spoken to legal counsel regarding the pleadings;
stated there are two parts of the litigation, 1) recharge, and 2) adjudication
of the basin, which needs to be of all pumping rights and will see more
litigation from the CVWD; stated there is still large developments to be
developed that must obtain a Water Supply assessment which could create
an issue; and stated the City Attorney's office plans on following up on what
the CVWD files with the Court in response to the cross-complaint and will
report back.
Council Member Kirk stated the City obviously should be monitoring this
issue; and stated Indio's cross-complaint could bring up issues and may wish
to consider writing a letter to the City of Indio of our concerns.
MAYOR AND COUNCIL MEMBERS' ITEMS
1. FURTHER DISCUSSION REGARDING DIRECTION AND COST OF CITY'S
INVOLVEMENT WITH COACHELLA VALLEY WATER DISTRICT VS. CITY OF
INDIO CASE NO. INC 073838 FOR CITY STAFF AND LEGAL
INVOLVEMENT, ACTUAL PURPOSE, DIRECTION, AND REPORTING TO THE
CITY COUNCIL AND CITY MANAGER.
City Council Minutes 19 May 20, 2008
Council Member Sniff stated his purpose is to define the role of the City's
involvement and what the City Attorney is doing and what is the role of
Council Member Kirk in this matter.
City Attorney Jenson stated in order to expedite this matter she contacted
the attorney for CVWD and the City of Indio.
Council Member Sniff stated time and money is being spent on this issue
without approval.
Council Member Kirk stated that's the reason why he placed this item on last
agenda to receive concurrence from the City Council to monitor this issue;
and stated nothing more has been conducted than the City Attorney doing a
small amount of research.
Council Member Sniff questioned how long will this temporary understanding
be conducted as it may be a growing issue where the City Attorney may be
expending a number of hours on this issue; and suggested the approval of
the City Council and the City Attorney report back.
City Attorney Jenson stated she would be happy to report back in two
weeks.
Council Member Sniff stated this issue may be more involved than
anticipated.
The City Council recessed to and until 7:00 P.M.
znn P_nn_
PUBLIC COMMENT
Ryan Easly, 53-465 Avenida Mendoza, stated notices for placement of trash cans
have been issued by Code Enforcement Officers to residents on Avenida Mendoza;
have not received citations in the last 6 years regarding the location of the trash
cans; stated he has tried contacting the citing Officer but to no avail; submitted a
signed petition stating this issue should be addressed on a complaint basis; stated
the regulation should be amended in some fashion.
Mayor Adolph conveyed his appreciation in taking the time to discuss this issue;
stated he met with a citizen regarding a complaint and met with the Community
City Council Minutes 20 May 20, 2008
Safety Manager; suggested the Director of Building and Safety meet with Mr, Easly
to resolve the issue.
Mr. Easly questioned if this is a new code. Mayor Adolph replied this is not a new
code and explained Code Enforcement is monitoring sections of the City. Mr. Easly
stated the cans are in line as far back from the street and questioned how the
meeting will be scheduled.
City Manager Genovese stated staff will contact Mr. Easly on Wednesday.
Jane Johnson, 53420 Avenida Mendoza, also received a citation for the placement
of the trash cans; stated she has already met with the director of Code
Enforcement, Deby Conrad, who stated staff must interpret the Code; stated there
are more important problems needing to be addressed, such as foreclosed
properties; and suggested the City refocus on the current important issues.
Mayor Adolph stated staff will contact Mr. Easly to schedule a meeting to discuss
the issue.
PRESENTATIONS -None
PUBLIC HEARINGS
1. PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
89-1, FISCAL YEAR 2008/2009.
Public Works Director Jonasson presented the staff report.
The Mayor declared the PUBLIC HEARING OPEN at 7:24 p.m.
There being no requests to speak, the Mayor declared the PUBLIC HEARING
CLOSED at 7:24 p.m.
RESOLUTION NO. 2008-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR
FISCAL YEAR 2008/2009 LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF
1972).
City Council Minutes 21 May 20, 2008
MOTION - It was moved by Council Members Sniff/Osborne to adopt
Resolution No. 2008- 037 as submitted. Motion carried unanimously.
2. PUBLIC HEARING TO CONSIDER THE PLANNING COMMISSION APPROVAL
OF TENTATIVE PARCEL MAP 35900 AND VILLAGE USE PERMIT 2007-039.
Counci/ Member Kiik excused himse/f from participating on this matter due
to a potential conflict of interest due from the proximity of his residence.
Principal Planner Andrew Mogensen presented the staff report.
Council Member Osborne questioned in respect to Building A, and the
additional parking created, if there was any discussion of any valet parking.
Principal Planner Mogensen stated staff has discussed this issue with the
applicant and he is willing to move the valet parking to the rear of the
building rather than the front.
In response to Council Member Henderson, Principal Planner Mogensen
explained the applicant had not thought through the valet parking but is
willing to move it to the rear of the building instead of occupying the 29
spaces in the front, leaving it open for public parking.
Council Member Osborne conveyed his concern of parking along Desert Club
Drive. Planning Director Johnson stated in speaking with one of the
neighboring property owners, there are positive and negative issues for
having the parking on the street; increases the congestion of the street, but
also slows down the traffic.
Council Member Henderson conveyed her concern of visibility with parking
on the street.
Mayor Adolph stated he brought this item before the City Council as a result
of a discussion with a neighboring resident; stated there are two issues: 1)
the property owners who live behind the proposed development are
concerned about parking, and the safety issue of patrons leaving the
restaurant and navigating through the parking conditions created by the
development; conveyed his desire to ensure the City has provided the
necessary parking on the site; and 2) conveyed his desire that the developer
and residents come to an agreement to protect them from the concerns
stated.
The Mayor declared the PUBLIC HEARING OPEN at 7:39 p.m.
City Council Minutes 22 May 20, 2008
Skip Lynch, 78-215 Calle Cadiz, received a copy of an email stating an
agreement has been drawn between the property owner and the
neighborhood residents. City Attorney Jenson reported she has received an
agreement and the applicant was to come back with a reciprocal parking
requirement and a limitation on the hours of operation of the restaurant
which was combined with the agreement; and stated the City added a
condition of approval requiring those provisions that protect the City cannot
be changed.
Mr. Lynch stated he has seen the agreement which does protect the City
and the parking elements; stated paragraph 2 of the document states 10
which should be 9; and is supportive of the agreement.
There being no additional requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 7:43 p.m.
In response to Mayor Adolph, Planning Director Johnson stated based on the
standards of the Municipal Code, the applicant is four stalls short of the
required amount of parking; identified a shared use parking arrangement;
peak use of the office building will be during daytime, business hours; stated
it would be extremely remote for full occupancy of the entire property at the
same time; if the parking is not designated for valet parking it would be a
better situation than what exists.
Mayor Adolph questioned if the City is protected in meeting the requirements
of parking onsite instead of forcing people to park on the street. Planning
Director Johnson stated the site design discourages use the of the most
eastern end of the Palmer's Restaurant.. Mayor Adolph stated as properties
are developed along Desert Club Drive, more parking will be required as
traffic increases; conveyed concern of parking vehicles on the street because
it narrows along that area. Planning Director Johnson stated what is
proposed meets the requirements and hopes parking will be placed on site
with the modification. Mayor Adolph stated the more convenient the
parking, the more parking onsite. Planning Director Johnson stated staff
does not have a condition to impose the 29 stalls to remain open and is
basing the recommendation on the word of Mr. Chapman.
City Attorney Jenson stated if desired, the City Council can add that
provision as a condition.
MOTION - It was moved by Council Members Henderson/Sniff to uphold the
Planning Commission's decision with the added condition of approval
requiring the 29 parking stalls in front of the building remain open to public
parking. Motion carried by a vote of 4-0- i , Council Member Kirk absent.
City Council Minutes 23 May 20, 2008
The City Council recessed to the Redevelopment Agency and Financing Authority
meetings.
The City Council reconvened and recessed to Closed Session as delineated on Page
1.
The City Council meeting was reconvened with no decisions being made in Closed
Session which require reporting pursuant to Government Code Section 54957.1
(Brown Act-.
ADJOURNMENT
There being no further business, the City Council adjourned the meeting upon
consensus.
Respect Ily submitted,
'/~
VERONICA J. ONTECINO,
City of La Quinta, California