2008 06 17 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
JUNE 17, 2008
A special meeting of the La Quinta City Council was called to order at the hour of
1:00 p.m. by Mayor Adolph.
PRESENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
ABSENT: None
Mayor Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT -None
CONFIRMATION OF AGENDA
City Manager Genovese announced an amended staff report for Consent Item No.
1 1 was distributed to the City Council on Friday.
ANNOUNCEMENTS -None
PRESENTATIONS
1. PRESENTATION BY PALM SPRINGS DESERT RESORT COMMUNITIES
CONVENTION AND VISITOR'S AUTHORITY.
Jeff Beckelman, President of the Palm Springs Desert Resort Communities
Convention and Visitor's Authority (CVA), presented the annual report
including: Return of Investment; Coachella Valley Hotel Performance; Plan
Changes/Augmentations; Convention Sales; Expedia Campaign; Barter
Program; Air Service Development Campaign; Tourism Business
Improvement District (BID) BID Attributes; Direction; Cities/County BID
Contributions; Potential Impact of BID; Next Steps; and stated proposed
resolutions will be forwarded to the City for consideration.
Council Member Osborne asked if the new 2% fee would be added on top of
the current Transient Occupancy Tax (TOT1. Mr. Beckelman stated it would
be up to the individual hotels; it can be added as an increase to the TOT,
shown as a marketing fee, or included in the resort fee.
City Council Minutes 2 June 17, 2008
Mayor Adolph stated he understands the three hotels in the City support the
program.
Council Member Sniff stated the City is dealing with uncertain and difficult
times and is merely speculating how business will hold up. He asked if any
surveys have been done regarding potential resistance from consumers to
pay the increase. Mr. Beckelman stated they have contacted several cities
and operators in the State that have done this plan and none of them have
experienced resistance. Council Member Sniff commented on how the
economy is affecting the airlines and tourism.
Council Member Kirk stated he appreciates Council Member Sniff's
comments and concerns of uncertainty. He stated he is glad the CVA is
thinking creatively about finances, and welcomes a change in their budget
that results in an increase of $400,000 in the City's budget.
Council Member Henderson noted whether the BID program is implemented
or not does not change the challenges in these tough times, but if it's
successful, it will provide additional funds to break through that market.
WRITTEN COMMUNICATIONS
1. WRITTEN CORRESPONDENCE FROM SARA RUIZ, DATED JUNE 8, 2008,
REGARDING A REQUEST FOR FINANCIAL ASSISTANCE.
Mayor Adolph stated he spoke to Ms. Ruiz, and she indicated the funding is
no longer needed as Supervisor Wilson's office has provided the funds.
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Kirk to approve the City
Council Minutes of June 2, 2008, as submitted. Motion carried unanimously.
CONSENT CALENDAR
In regard to Item No. 9, Council Member Kirk referenced the contract extensions
since 1998, and asked if competitive bids would be sought next year. Assistant
City Manager-Management Services Plumlee stated the consultant is familiar with
the waste management contract, but staff can look at competitive bids next year if
Council desires.
City Council Minutes 3 June 17, 2008
In response to Council Member Osborne, Assistant City Manager-Management
Services Plumlee stated he is not aware of a local consultant in this field.
Mayor Adolph referenced Item No. 4, and the possibility of using the architectural
drawings prepared for the Adams Street fire station. Building & Safety Director
Hartung stated staff can negotiate with the company for use of the plans if the
City Council wishes to build the same building.
City Attorney Jenson concurred with the need to contact the architect.
Council Member Henderson noted this site is smaller with the number of buildings
planned.
Council Member Kirk suggested the Building & Safety Director and Fire Chief
review this matter and report back in two weeks with a report on whether the
plans from the Adams Street fire station can be applied to this project. Building &
Safety Director Hartung stated staff had hoped to award a contract at the first
meeting in July; and questioned if the City Council wished to have the same
building aesthetically.
Mayor Adolph questioned if the two fire stations would have the same function.
Fire Chief Cooley recommended the reduction of the size of the station and is
unsure if the pre-existing design can be applied to the new station; stated the
intent was to keep the size lower in scale as there is no need to duplicate the
design.
Council Member Henderson questioned if the recommendation from the Fire Chief
is to modify the existing design rather than start from scratch. Fire Chief Cooley
confirmed as the size and layout will need to be reviewed to fit the property for the
new station; and stated the architecture will need to be changed to blend in the
Village and Cove area.
Mayor Adolph stated he does not object to the recommendation but was only
questioning for the possibility of saving funds and not repeat the design work.
Building & Safety Director Hartung stated the station needs to be designed and
pursue LEED Silver Certification.
Regarding Item No. 2, Council Member Osborne expressed appreciation for the
Treasurer in making changes in the report and investments.
1. APPROVAL OF DEMAND REGISTER DATED JUNE 17, 2008.
2. RECEIVE AND FILE TREASURER'S REPORT DATED APRIL 30, 2008.
City Council Minutes 4 June 17, 2008
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED APRIL 30,
2008.
4. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR FIRE
STATION 32 (PROJECT NO. 2008-03) AND PHASE 1 OF THE CORPORATE YARD, PROJECT NO.
2007-08.
5. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY.
6. ACCEPTANCE OF ONSITE IMPROVEMENT ASSOCIATED WITH TRACT MAP
29894-4, HIDEAWAY, ND LA QUINTA PARTNERS, LLC.
7. ACCEPTANCE OF ONSITE IMPROVEMENT ASSOCIATED WITH TRACT MAP
29894-3, HIDEAWAY, ND LA QUINTA PARTNERS, LLC.
8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
MAP 33597, MALAGA, R. T, HUGHES COMPANY, LLC. (RESOLUTION NO.
2008-040)
9. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR A CONTRACT
WITH HF&H CONSULTANTS, LLC. FOR AB 939 WASTE MANAGEMENT
SERVICES FOR FISCAL YEAR 2008/2009.
10. APPROVAL OF THE RIVERSIDE COUNTY COOPERATION AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND HOME
INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009-
2012, AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT.
11. ADOPTION OF A RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE
TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES
AT SINGLE FAMILY DWELLINGS ON THE TAX ROLLS. (RESOLUTION NO.
2008-0411
MOTION - It was moved by Council Members Sniff/Kirk to approve the
Consent Calendar as recommended and with Item Nos. 8 and 11 being
approved by RESOLUTION NOS. 2008-040 and 2008-041 respectively.
Motion carried unanimously.
City Council Minutes 5 June 17, 2008
BUSINESS SESSION
1. CONSIDERATION OF APPOINTMENTS TO CITY BOARDS, COMMITTEES,
AND COMMISSIONS.
Mayor Adolph reviewed the interview process.
ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE 11 vacancy)
The following applicants for the Architecture and Landscape Review
Committee gave a brief presentation on their background and qualifications:
Chuck Cooper
R. Michael Robinson
Ray Rooker
David Thoms
(Larry Pughe was not present)
Ballot No_ 1
Council Member Henderson voted for
Council Member Kirk voted for
Council Member Osborne voted for
Council Member Sniff voted for
Mayor Adolph voted for
Ray Rooker
Chuck Cooper
Ray Rooker
Ray Rooker
Ray Rooker
MOTION - It was moved by Council Members Sniff/Henderson to appoint
Ray Rooker to serve atwo-year term on the Architecture and Landscape
Review Committee, effective July 1, 2008. Motion carried unanimously.
The City Council meeting was recessed at 2:43 p.m. and reconvened at
2:54 p.m.
COMMUNITY SERVICES COMMISSION 13 vacancies)
The following applicants for the Community Services Commission gave a
brief presentation on their background and qualifications:
Joan Riegel E. Howard Long
Anne Chicoine Lucy Moreno
Rosemarie Darroch Robert Sylk
Kathleen Fitzpatrick
(Larry Pughe and Kent Stallman were not present)
City Council Minutes 6
Ballot No. 1
Council Member Henderson voted for
Council Member Kirk voted for
Council Member Osborne voted for
Council Member Sniff voted for
Mayor Adolph voted for
June 17, 2008
E. Howard Long, Joan Biegel, and
Kathleen Fitzpatrick
E. Howard Long, Rosemarie Darroch,
and Kathleen Fitzpatrick
Joan Biegel, Rosemarie Darroch, and
Kathleen Fitzpatrick
Robert Sylk, Joan Biegel, and
Rosemarie Darroch
Robert Sylk, Joan Biegel, and
Kathleen Fitzpatrick
MOTION - It was moved by Council Members Kirk/Henderson to appoint
Joan Biegel, Rosemarie Darroch, and Kathleen Fitzpatrick to serve two-year
terms on the Community Services Commission, effective July 1, 2008.
Motion carried unanimously.
The City Council meeting recessed at 4:16 p.m. and reconvened at
4:23 p.m.
PLANNING COMMISSION (3 vacancies)
The following applicants for the Planning Commission gave a brief
presentation on their background and qualifications:
Ed Alderson Thomas Lindstrom
Katie Barrows R. Michael Robinson
Frank Blum Mark Weber
H. Stone James
(Brent Clemmer withdrew his application; Larry Pughe and Kent Stallman
were not present)
Ballot No. 1
Council Member Henderson voted for
Council Member Kirk voted for
Council Member Osborne voted for
Council Member Sniff voted for
Mayor Adolph voted for
Ed Alderson, Katie Barrows & Mark Weber
Ed Alderson, Katie Barrows & Mark Weber
Ed Alderson, Katie Barrows & Mark Weber
Ed Alderson, Katie Barrows & Mark Weber
Ed Alderson, Katie Barrows & Frank Blum
City Council Minutes 7 June 17, 2008
MOTION - It was moved by Council Members Sniff/Osborne to appoint Ed
Alderson, Katie Barrows, and Mark Weber to serve two-year terms on the
Planning Commission, effective July 1, 2008. Motion carried unanimously.
2. CONSIDERATION OF NOMINATION OF NANCY DORIA TO THE PALM
SPRINGS INTERNATIONAL AIRPORT COMMISSION.
Assistant City Manager-Management Services Plumlee presented the staff
report.
MOTION - A motion was made by Council Members Sniff/Osborne to
nominate Nancy Doria as the City of La Quinta representative to the Palm
Springs International Airport Commission for the period of July 1, 2008,
through June 30, 201 1.
In response to Council Member Kirk, Assistant City Manager-Management
Services Plumlee explained the City of Palm Springs notified staff that the
current term expires June 30, 2008; the City recommends a nomination,
with approval and appointment made by the Palm Springs City Council. City
Manager Genovese further stated the City Council has the option of
advertising for nominations to this appointment.
Council Member Henderson explained the history of the appointment and the
difficulty of obtaining interested applicants; and stated she does not have a
problem supporting the re-appointment.
Motion carried 4-1-0 with Council Member Kirk dissenting.
3. CONSIDERATION OF EXEMPTING CERTAIN SIZED PROPERTIES FROM
HAVING TO COMPLETE PRE-ANNEXATION DEVELOPMENT AGREEMENTS.
Planning Director Johnson presented the staff report.
In response to Council Member Osborne, Planning Director Johnson stated a
majority of the lots have been developed, and a handful of locations exist
where an individual or group may acquire a number of one-acre parcels. He
stated there are 18 vacant lots, and there is limited potential to combine
them.
Council Member Henderson noted combining the lots would require the
City's approval.
City Council Minutes 8 June 17, 2008
Council Member Osborne stated developers would not have to combine six
one-acre lots to have one development on all six lots.
Council Member Henderson noted most of the lots already have one house
on it.
Council Member Osborne stated he wants to make sure a developer cannot
acquire six one-acre lots and claim exemption from a development agreement
because the lots are one-acre each.
Council Member Kirk stated his understanding of the City Attorney's concern
is if properties are exempted, the City cannot use a fiscal impact later on
that is somehow different within the City; and this is the City's chance to
get the fiscal impact done.
Council Member Osborne asked if a developer with five, one-acre lots can be
exempt from apre-annexation development agreement and yet build maybe
12 homes on the lots. Planning Director Johnson confirmed if the properties
are annexed with an established exemption, there is potential for the
developer to request consolidation of the lots and go through the subdivision
process.
Council Member Henderson reiterated that the City would have to approve
the consolidation for that to happen.
City Attorney Jenson advised parcel mergers are approved or denied through
a Director's Hearing. Council Member Henderson asked if there is any
limitation on the mergers considered at a Director's Hearing. City Attorney
Jenson stated the process applies to contiguous lots owned by the same
owner. She stated annexation and development agreements are legislative
actions, and a request to merge lots that goes through the map process set
forth by criteria, cannot be denied because the City did not previously get a
pre-annexation development agreement.
Council Member Henderson stated it's her understanding then that there are
certain property rights within the development process that are unrelated to
the Development Agreement, and that it's doubtful the City would be able to
deny an application to merge the lots. City Attorney Jenson stated those are
quasi-adjudicatory-type decisions that have to be rationally based on criteria
that have been set. She referenced the possibility of modifying the criteria
by legislative action, but voiced concern about the concept.
Council Member Osborne stated there appears to be a loophole.
City Council Minutes 9 June 17, 2008
Council Member Kirk noted the real loophole may be the potential of a
developer merging the six one-acre lots with an adjoining 40 acres, and
making the argument that the six lots provide the right for 18 units; and 18
units multiplied by 530,000 each is quite an incentive to be creative with the
parcel lines. Planning Director Johnson confirmed that potential exists, but it
would be rare because most of the lots are already developed and multiple
existing residences would have to be purchased.
Council Member Kirk asked about the possibility of including a requirement in
the pre-annexation agreement that if the one-acre lots are merged, they
would be subject to the impact fee. City Attorney Jenson stated provisions
maybe could be added, but it is difficult to record something on land beyond
the land you are dealing with in the development agreement.
Council Member Sniff asked about Option #1 regarding %:-acre lots, and City
Attorney Jenson stated it is the same issue, but dealing with less property.
In response to Council Member Henderson, Planning Director Johnson
confirmed the potential loss referenced in the staff report is for the entire
Sphere of Influence, and he is not sure what it would be for just Planning
Area No. 1. He stated there are only 18 vacant parcels in Planning Area
No. 1, and it would be less than half of that. He pointed out the loss
indicated in the staff report is a rough estimate, and does not include the
potential scenario referenced by Council Member Kirk.
Council Member Henderson noted it also does not consider the possibility of
a lower fee. She views the loss amount listed in the staff report as a huge
assumption. She would like to look at Planning Area No. 1 for the first
application of this, subject to some continuing analysis.
Planning Director Johnson stated this is not a regulatory standard, and can
be changed at any time or on a case-by-case basis.
After a brief discussion, Council concurred to take public testimony at this
time.
Joan Rebich, 53-810 Avenida Cortez, voiced concern about handling
annexations in a piece-meal fashion, and suggested postponing a decision.
Kay Wolff, 77-227 Calle Ensenada, stated she feels this relates to the
Council's philosophy on annexation, and will annex a particular group of
people. She stated the big question is whether or not an annexation would
be financially feasible, and feels increasing the City's population through
annexation may not be attractive to a lot of people. She would like to know
City Council Minutes 10 June 17, 2008
how the City Council feels about annexation, and feels it should not be
based on what the property owners or developers want. She feels the
motivation should be based on the best way to preserve the community.
She suggested the City Council postpone making a decision at this time.
Randall Henderson, representing the Motor Coach Resort, stated they are
looking at 210 acres that include 7Y~ acres with 19 parcels varying in size
from .12 to .66 acres, and with 16 of the parcels improved with homes.
None of the small parcels are contiguous ownership lots, and the property
owners with one or more acres have agreed to sign a pre-annexation
agreement. He stated staff has been very helpful, but he now needs
guidance from the City Council so he can move his project forward.
In response to Council Member Osborne, Mr. Henderson stated none of the
small lots are contiguous to his project.
Council Member Kirk stated he feels Ms. Wolff and Ms. Rebich have made
some legitimate points, but also feels it would be difficult to slow down the
process more than it already is. He believes the applicant deserves a
decision on this matter.
MOTION - It was moved by Council Members Kirk/Osborne to exempt
parcels less than one acre that are west of Jackson Street to the City
boundary, from apre-annexation agreement, and direct staff to come back
with an analysis of potential loopholes. Motion carried unanimously.
Council recessed at 6:33 p.m. to and until 7:00 p.m.
7:00 P_M_
PUBLIC COMMENT
Beth Foley, City Librarian, reported on the summer program planned regarding a
reading incentive program and performers.
Council Member Henderson stated she received a complaint about the functioning
of the library and impact of the children's programs. City Librarian Foley confirmed
staff has also received complaints and moved the children programs to Tuesdays.
She explained there are 54 participants in the online program, which addresses
very young children in the library; and explained staff is working on intergrading
children and adult programs at the library.
City Council Minutes 11 June 17, 2008
Mayor Adolph stated he received a call about the library not having classics. City
Librarian Foley stated a few classics are located in the teen room, and a large
selection of classics has been ordered.
PRESENTATIONS -None
PUBLIC HEARINGS
1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING
ENVIRONMENTAL IMPACT REPORT 2005-560, AND APPROVING
TENTATIVE TRACT MAP 33848, THE SUBDIVISION OF 4.8t ACRES INTO
12 SINGLE FAMILY LOTS AND OTHER PARCELS LOCATED 510 t FEET
WEST OF MONROE STREET SOUTH OF AVENUE 58. APPLICANT: DAVID
MAMAN DESIGNS.
Principal Planner Mogensen presented the staff report.
Council Member Henderson referred to Page 2 of the staff report regarding
the number of lots and 20,000 square foot minimum lot size, and confirmed
that the proposed lots are not 20,000 square feet. Principal Planner
Mogensen stated that is correct.
In response to Council Member Osborne, Planning Director Johnson stated
the original map with 17 lots was not approved, and explained the
applicant's active map has been in the entitlement process for 2'/~ years. He
stated half of the homes in the project to the north have been developed,
and confirmed the Environmental Impact Report (EIR) for Avenue 58
addressed the traffic impacts for the project.
The Mayor declared the PUBLIC HEARING OPEN at 7:32 p.m.
David Maman, the applicant, stated he has attempted to develop the
property for three years, and was not aware of the adobe house on the
property or if it was designated as a historical site. He stated the project
changed to 12 lots during the process of analyzing the adobe house. He
stated he is in a desperate situation and waiting for an answer.
In response to Council Member Osborne, Mr. Maman stated he has owned
the property since 2005.
There being no additional requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 7:35 p.m.
City Council Minutes 12 June 17, 2008
In response to Council Member Sniff, Planning Director Johnson stated the
project archeologist researched the development of the property, and it is
believed that the house was developed in1928 by Dr. West as part of a
vacation home project.
Council Member Henderson noted the City has had a Historic Preservation
Commission for approximately 14 years and has a process that this property
could have gone through. She conveyed concern about the developer
stating he was not made aware of the historic preservation procedure
because staff is aware of the process, but she accepts the length of time it
has taken to complete the EIR and historical reports.
In response to Council Member Henderson, Planning Director Johnson
confirmed the building can be demolished once the process outlined in the
staff report is completed. He explained the property was not known to be
potentially historic until the map was submitted and processed with the City.
The applicant produced an archeological report of the property, and a second
opinion was sought with a known company well-versed in adobe structures.
The EIR process was triggered, and when it went before the Historic
Preservation Commission, on a split vote they recommend the City Council
accept the report, which has been incorporated into the EIR. He explained
the time involved was due to this being an adobe structure that needed
careful assessment.
Council Member Henderson stated it is important to note that the property
was not addressed in the historic survey because it was previously in the
County. She commented on the need for staff to be on notice when
properties are annexed to find out if any historical structures are present.
Council Member Sniff voiced uncertainty about the date, and stated there
was nothing being developed in the area in 1928. He stated the report is
seriously incorrect, maybe as much as 20 years off from the date. Planning
Director Johnson stated the report was generated by a certified archeologist.
Council Member Osborne stated an 11,000 to 14,000 square foot lot may
be a feasible project in the future, but not now. It may get approved then
come back in the future with a request for larger lots or consolidation with
surrounding properties. He feels this is a good example of a project that
should have 20,000+ square foot lots because the City does not have the
resources to handle that kind of traffic in that area. He does not believe the
EIR is correct and should require 20,000 square foot lots.
City Council Minutes 13 June 17, 2008
RESOLUTION NO. 2008-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CERTIFYING THE FINDINGS OF A FINAL ENVIRONMENTAL
IMPACT REPORT 2005-560 (STATE CLEARINGHOUSE #2007021060)
PREPARED FOR TENTATIVE TRACT MAP 33848 AS BEING ADEQUATE
AND COMPLETE, AND RECOGNIZING SIGNIFICANT ADVERSE
ENVIRONMENTAL IMPACTS WHICH CAN BE REASONABLY MITIGATED TO
A LEVEL OF INSIGNIFICANCE IF THE PROPOSED PROJECT IS
IMPLEMENTED (DAVID MAMAN DESIGNS).
It was moved by Council Members Henderson/Sniff to adopt Resolution No.
2008-042 as submitted. Motion carried 4-1-0 with Council Member Osborne
dissenting.
RESOLUTION NO. 2008-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, GRANTING APPROVAL OF THE SUBDIVISION OF A 4.8 f
ACRE PARCEL INTO 121 LOTS LOCATED ON THE SOUTH SIDE OF AVENUE
58 APPROXIMATELY 510 FEET WEST OF MONROE STREET (TENTATIVE
TRACT MAP 33848 -DAVID MAMAN DESIGNSI.
It was moved by Council Members Henderson/Sniff to adopt Resolution No.
2008-043 as submitted. Motion carried 4-1-0 with Council Member Osborne
dissenting.
STUDY SESSION
1. CONTINUED DISCUSSION OF AN AMENDMENT TO LA QUINTA MUNICIPAL
CODE SECTION 9.160.060 -PERMITTED TEMPORARY SIGNS.
Planning Director Johnson presented the staff report.
City Attorney Jenson gave a supplement report on fines associated to
infractions of the code pertaining to permitted temporary signs. She stated
the Council has the ability to increase the fines and establish the violations
as misdemeanors. She suggested the fine levels may need to be adjusted.
She advised all signs in the public right-of-way can be banned, but less than
a total ban is more legally complicated; allowing a certain number of signs is
content neutral and easy to defend. She stated directional signs are exempt,
but explained signs used in the right-of-way for events such as the La Quinta
Arts Festival do not qualify as directional signs because they advertise the
City Council Minutes 14 June 17, 2008
event. Planning Director Johnson stated the event signs have been handled
under a temporary sign permit in association with the temporary use permit.
Council Member Henderson asked if the signs used for the event could be
mixed with some having only arrows. City Attorney Jenson stated a sign
with only an arrow might qualify as a directional sign, but it is still associated
with an event. She stated the issue at hand is whether or not the City can
differentiate by banning all signs in the right-of-way, including political signs,
yet allow the entry signs to events on a temporary basis; that gets into
content that requires strict scrutiny and is very problematic. She explained it
would be problematic to place a ban on political signs if there are exceptions.
In response to Council Member Kirk, Planning Director Johnson stated polling
signs are temporary signs, but to his knowledge the City has not issued a
temporary sign permit for them nor taken any type of enforcement action.
Council Member Kirk asked about changing the definition of directional signs
to include special events. City Attorney Jenson noted directional signs are
completely exempt, so the question would be if the Council wants special
event signs to be completely exempt. She further noted allowing a category
of signs could be an issue if they include what many consider advertising.
Council Member Kirk questioned there being a risk in expanding the definition
to include special events where traffic control can be an issue. He asked
what the remedy would be if someone filed a lawsuit. City Attorney Jenson
stated if they are successful, the City could be held liable for their attorney's
fees and this is the type of case that would normally involve injunctions.
Council Member Kirk asked if she reviewed what other cities in the State do,
to which she responded, "No."
In response to Council Member Kirk, Planning Director Johnson stated the
City of Indian Wells prohibits temporary signs, but he does not know if it has
ever been challenged. He suggested the possibility of creating provisions
within the sign code that are definitive to special event directional signage
associated with a temporary use sign application. He confirmed Indian Wells
has directional signs for their special events.
In response to Council Member Henderson, Planning Director Johnson stated
the sign would have some reference to the name of the event with an arrow.
He noted a majority of the La Quinta Arts Festival signs are not directional,
and are erected in advance to advertise the event.
Council Member Sniff stated he is not opposed to temporary signs, and
noted they are up for just a short period of time. He feels the current
process is effective, and has no desire to change the code.
City Council Minutes 15 June 17, 2008
Council Member Kirk asked how the other Council Members feel about this
issue because it is not cost effective for the City Attorney to pursue it if only
one or two Council Members have a concern about it.
Mayor Adolph stated he is totally opposed to allowing political signs.
Council Member Osborne stated it sounds like a simple idea with a
complicated solution, and he does not see a need to pursue something that
only lasts two months every two years.
Council Member Henderson stated she is not opposed to a continuing
discussion on this matter, but is not sure how much more work the Council
wants the City Attorney and staff to do on this.
Council Member Kirk suggested having the Planning Department survey other
higher-end communities on this issue instead of spending more money for
legal analysis. He feels a simpler solution probably exists.
Council Member Henderson noted a solution may be to make a City special
event directional sign, similar to what the City does for garage sales.
Council concurred with Council Member Kirk's suggestion that the Planning
Department survey other higher-end communities to see how they have dealt
with this issue.
REPORTS AND INFORMATIONAL ITEMS
CVAG C. V. Conservation Commission - Council Member Sniff reported the
Commission re-elected the Chair and Vice Chair, approved an acquisition and
procedures policy, and adopted a resolution regarding appointment of an executive
director. They also discussed establishing a fee for the policy, and started a
process to potentially arrive at an agreement for the City of Desert Hot Springs to
become re-involved.
C. V. Mosquito & Vector Control District -Council Member Henderson reported
local property taxes will be reduced by S5.25 due to a reduction in the District's
fee.
Santa Rosa/San Jacinto National Monument Advisory Committee - Council
Member Henderson reported maps of the Monument will be available at City Hall
once they are printed.
City Council Minutes 16 June 17, 2008
CVAG Transportation Committee -Council Member Kirk reported the Committee
forwarded a proposal to the Executive Committee that will provide 100% regional
funding of Highway 111 improvements for the City's projects that fit into Tier 2.
He stated the Committee elected him as Chair.
Friends of Desert Mountains -Council Member Kirk reported they are searching
for an executive director.
All other reports were noted and filed.
DEPARTMENT REPORTS
City Attorney Jenson stated Scott Hyle, the attorney for CVWD, has indicated the
District is very close to a settlement regarding the Citrus Ranch. As for the water
litigation with the City of Indio, it has been taken off calendar, and they are
negotiating a settlement.
MAYOR AND COUNCIL MEMBERS' ITEMS
Council Member Sniff referenced the recent deaths of Fred Simon and Roxy
Yessayian, and suggested letters of condolences be sent. Mayor Adolph advised
letters have already been sent.
Council Member Henderson referenced a prior suggestion she made about working
with an agency such as Martha's Village on the homeless housing issue, and the
need for concurrence in order to direct staff to look into those issues.
Council Member Osborne stated he is impressed with the services provided by the
Coachella Valley Rescue Mission, which is in the middle of a building campaign to
build a facility that spans from Van Buren Street to Indio Boulevard. They plan to
build a commercial building on Indio Boulevard that creates revenue to help sustain
the operational activity. They propose constructing a S9 million building, and
currently have approximately S5 million in promised donations and grants. They
have indicated that they serve over 400 people from the City of La Quinta. He
suggested the possibility of helping them with their building campaign.
Council Member Henderson stated she would like to see staff meet with a variety
of organizations, and to make sure we have a comprehensive program that meets
our issues so we avoid being sucked into a regional solution.
City Council Minutes 17 June 17, 2008
Council Member Osborne stated he understands the County is taking the obligation
for the west valley facility, and this could be a facility for the east valley.
Council Member Henderson referred to a petition the City received regarding
drainage on Horseshoe Circle, and stated she supports getting the problem solved.
Public Works Director Jonasson stated staff is looking into the dry well issue, and
will report back to Council on their findings.
Mayor Adolph referenced a letter from the St. Francis of Assisi Church. City
Manager Genovese stated staff will evaluate the alternatives, and schedule the
matter for a future study session or business item.
CLOSED SESSION
1. EVALUATION OF CITY ATTORNEY PERFORMANCE -GOVERNMENT CODE
SECTION 54957.
MOTION - It was moved by Council Members Henderson/Osborne to
continue the closed session to July 1, 2008. Motion carried unanimously.
ADJOURNMENT
There being no further business, it was moved by Council Members
Henderson/Osborne to adjourn. Motion carried unanimously.
submitted,
VERONICA~J!MONTECINO, City Clerk
City of La Quinta, California