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2008 07 15 CC MinutesLA QUINTA CITY COUNCIL MINUTES JULY 15, 2008 A regular meeting of the La Quinta City Council was called to order at the hour of 3:30 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION -None Council recessed to the Redevelopment Agency 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 Michelle Aleman, 52-685 Avenida Ramirez, Event Chair for Relay for Life 2008, stated the Relay will be held at the La Quinta High School on November 1-2, 2008. She explained the event is a fundraiser for the Cancer Society, and gave the results of last year's event. She announced the website address is www.relayforlife.org. Bob Leidner, 56-498 Palms Drive, announced he has been elected Chair of the Community Services Commission, and welcomes input from the City Council. He thanked the City Council for his appointment to the Commission. CONFIRMATION OF AGENDA City Manager Genovese requested the Redevelopment Agency meeting be taken up at 5:15 p.m. City Council Minutes 2 July 15, 2008 Mayor Adolph requested Consent Item Nos. 7, 8, 9, and 10 be pulled for separate discussion. Council Member Kirk requested Consent Item No. 13 be pulled for separate discussion. 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 July 1, 2008, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 15, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED MAY 30, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MAY 31, 2008, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2008. 4. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) FOR A SCULPTURE LOCATED AT THE NORTHERN ENTRANCE TO CITY HALL. 5. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 22 AND 29, MARCH 19, MAY 21, JUNE 18, SEPTEMBER 17, AND NOVEMBER 19, 2009, FROM 8:00 A.M. TO 3:30 P.M. 6. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. City Council Minutes ~ 3 July 15, 2008 7. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH LANDMARK GEO-ENGINEERS & GEOLOGISTS FOR MATERIALS TESTING SERVICES. (This item continued to August 5, 2008.1 8. APPROVAL TO EXTEND A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH NAI CONSULTING, INC., TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2008/2009. (See separate action below.) 9. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PSOMAS FOR CONSTRUCTION INSPECTION SERVICES. (This item continued to August 5, 2008.) 10. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TRI-STATE LAND SURVEYORS & CIVIL ENGINEERING, INC., FOR CONSTRUCTION SURVEYING SERVICES. (This item continued to August 5, 2008.1 11, APPROVAL TO AWARD A CONTRACT TO SKANSKA USA CIVIL WEST CALIFORNIA DISTRICT, INC., TO CONSTRUCT THE AVENUE 58 PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-186. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO STAFF MEMBERS TO ATTEND THE CALIFORNIA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION CONFERENCE IN HOLLYWOOD, CALIFORNIA, SEPTEMBER 21-24, 2008. 13. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS FOR THE VILLAGE DESIGN AND STRATEGIC PLAN. 14. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN & TUCKER, LLP. 15. APPROVAL OF NEW JOB DESCRIPTIONS FOR MUSEUM AIDE AND ECONOMIC DEVELOPMENT-PROJECT MANAGER. 16. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF 524,677 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS1. Discussion on Item Nos. 7, 8, 9, and 10: Mayor Adolph conveyed concern about the increase in consulting fees, and asked how the requests are submitted. City Council Minutes 4 July 15, 2008 Public Works Director Jonasson explained the contracts went through an RFP process where contractors may submit increases upon renewal of the contracts, but the City is not obligated to provide the increase; stated the contract price will be for the next two years; explained the survey services is a 15% increase and the project manager for PSOMAS requested a 27% increase; further explained the project manager is a carry over from the original contract, which is not utilized, and is not charged to the contract; and stated the surveying positions are on-call. He further stated all four contracts are time-and-materials contracts, and the City is not obligated to pay the full contracted amount per month because the payment is based on use. He explained the inspection contract is largely offset from the collection of fees from permits. Mayor Adolph stated he understands the contracts are on an as-needed basis; and commented on the importance of being fiscally conservative. Council Member Kirk agreed with comments made by Mayor Adolph, and stated he has discussed his concerns with Public Works Director Jonasson. He feels staff may not use certain categories, which sends a wrong message for the use of the consultants, and that the City should not be doing business as usual during these economic times. He stated the City may get better prices if bids are requested again for renewal of the contracts; and stated he is not supportive of the increases for Item Nos. 9 and 10. Council Member Osborne stated he recused himself from participating in the discussion of Item No. 8 due to a potential conflict of interest; and questioned if a fee is charged for the services provided by Tri-State and PSOMAS. Public Works Director Jonasson explained their services are provided partly by encroachment and plan check fees; further explained PSOMAS' inspectors work on the developer portion, and their cost for inspection is built into each capital improvement project budget; and stated Tri-State provides surveying for capital improvement projects. Council Member Sniff stated the economy has changed tremendously, and automatic approval is not needed; stated the increase for Item No. 7 is 7%. He asked if the contracts have been negotiated for the best price; and suggested renegotiating for a lesser amount and bringing the contracts back at the next City Council meeting. Council Member Henderson asked if all of the contracts are related to Developer Impact Fees. Public Works Director Jonasson stated not all of them. He explained PSOMAS is almost all development inspection with some capital improvement project inspections; NAI Consulting works on a City Council Minutes 5 July 15, 2008 number of projects; the surveyors augment staff for capital improvement projects, and the testing and materials are utilized for both development and capital improvement projects. Council Member Henderson stated she agrees it is a different world than two years ago. She stated the City just went through a significant process for the budget, and she understands the contracts have been projected in the budget; stated staff received a cost of living increase and some are contracted employees, which means when economic times change, we don't have to renew the contracts. She addressed the contract with LandMark Engineers and suggested the possibility of negotiating a 3.5% increase this year and 3.5% next year. City Manager Genovese stated staff can do that, and structure the contract to be tied to the CPI; suggested continuing Item Nos. 7, 9, and 10 to the August 5, 2008, meeting for further negotiation. Council Member Kirk stated the contractor is only asking for and increase of S5 for Item No. 8 which is below the current CPI. Mayor Adolph stated he does not object to the recommendation with Item No. 8, but had concerns with the other contracts with larger requests for increase. Council Member Kirk suggested including Item No. 8 with the Consent Calendar, and referring the others to staff for renegotiation. Council Member Osborne requested Item No. 8 be taken up separately due to his potential conflict of interest. Action on Item No. 8: MOTION - It was moved by Council Members Kirk/Sniff to approve Consent Item No. 8 as submitted. Motion carried by a vote of 4-01, Osborne abstaining. Action on the Consent Calendar: MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 7, 9, and 10 (which are to be continued to the August 5, 2008, meeting. Council Member Kirk spoke regarding Item No. 13; addressed the allocation for design guidelines, and questioned if this is a good use of public funds. City Council Minutes 6 July 15, 2008 Planning Director Johnson explained staff has seen growth in Old Town even during the slow down of the economy; explained the addition of an economic development strategy would provide access to vacant land in the Village area for potential projects; further explained staff is attempting to be more comprehensive with the economic development component; and stated there is an advantage to doing this now, which will help with future goals of the Village. Council Member Sniff stated the Village has remained unaltered since 1954; and stated even though the City requests proposals, it doesn't mean we have to accept them. Council Member Henderson asked if this issue has come before the City Council and the Planning Commission during the last two years; stated this is the kind of item that needs to be presented back to the City Council for discussion; stated there is a certain amount of hesitancy by the City Council, which is justifiable, and critical particularly if something has not been thought out. She conveyed concern about moving forward with an RFP. Mayor Adolph stated he has had some of the same concerns. However, it has been many years since the City has looked at this, and he does not object to receiving proposals to obtain the cost to proceed. Council Member Kirk stated he would support Item No. 13 Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF A FIREWORKS EVENT ON JULY 4, 2009. Community Services Director Hylton presented the staff report. In response to Council Member Osborne, Community Services Director Hylton explained the cost would provide 25 minutes of fireworks display. She explained the La Quinta High School stadium is the most conducive area for holding the event because of adequate seating and parking, and it is an appropriate location supported by the Fire Marshall. Council Member Sniff stated a 25 minute display is not enough time to drive, park and walk to the event; and suggested musical entertainment to lengthen the time attending the event. Community Services Director Hylton City Council Minutes 7 July 15, 2008 stated staff is considering other entertainment with the fireworks. Mayor Adolph suggested the Marine Corps Band for musical entertainment. Council Member Henderson stated the 25"' Anniversary fireworks at the high school was a significant display of fireworks, but had a poor turnout; stated fireworks for the Fourth of July is an appropriate activity; stated the City of Palm Desert fireworks event is very successful; conveyed hesitation about the event as a significant part of its success is building up to the event and citizens want a picnic atmosphere; suggested holding the event at the Civic Center; and stated she cannot support holding it at the high school because people residing in the area will watch from their yards and not attend the event; and conveyed concern about spending public funds for fireworks. She stated the fireworks display at the high school last year was fabulous, but getting there was miserable; and stated the City has looked into a laser show instead of fireworks in the past. Council Member Kirk stated he shares the concerns, and asked how much the City of Palm Desert spends for their event. Community Services Director Hylton stated their event costs approximately 530,000. Council Member Kirk suggested contributing with the other cities for a regional event, but if the City wants to provide a local event for the community, the Civic Center could be considered. He also suggested the possibility of doing a fireworks show at Lake Cahuilla in conjunction with the County and Indio or the East Valley areas. He requested this item be re-considered by the Community Services Commission. Mayor Adolph agreed with the concerns stated from other Council Members; stated several events are already produced in the Valley, and the City of Palm Desert has asked La Quinta to participate in their event; stated he would like to see some type of display at the Civic Center Campus, but not as grandeur as produced at the high school; and stated the recent 25`" Anniversary event did not have 100% attendance relative to the high school stadium. Council Member Osborne stated he favors holding the event at the high school as the La Quinta Park is available across the street; commented on there not being many events held in the north area of La Quinta; conveyed concern about spending 530,000 for the event; and stated the City could possibly be included with the City of Palm Desert's event. Council Member Sniff stated he is unsure a fireworks show can draw a big crowd during hot weather; voiced support for the suggestion of holding an event at Lake Cahuilla; stated the Community Services Commission has held City Council Minutes 8 July 15, 2008 successful events at the Civic Center Campus during the season; encouraged activities be held when the weather is appropriate and conducive; and agreed with sending this matter back to the Community Services Commission for further review. Council Member Henderson noted the City of Indio already provides a fireworks show at the fair grounds; stated she is unsure the regional suggestion is conducive, but supports utilizing Lake Cahuilla; and noted the event has been included in the budget as a potential event. As for holding more events in north La Quinta, she suggested the City birthday picnic event be alternated between the north and south parts of the City. MOTION - It was moved by Council Members Sniff/Osborne to refer this matter back to the Community Services Commission for further review based on the City Council comments. Motion carried unanimously. 2. CONSIDERATION OF AN APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH SDS RESEARCH TO CONDUCT A SURVEY OF THE COVE AND SELECTED COMMUNITIES. Assistant City Manager-Management Services Plumlee presented the staff report. Dale Hinckley, SDS Research, stated they have had experience with Imperial Irrigation District (IID) and other agencies throughout the State; stated the survey is an opportunity to receive input from the community; explained the response includes a 5%± margin of error; and suggested having a response choice scale of 10 points for all the questions. Council Member Sniff commented on summer not being an ideal time to conduct the survey, and stated the survey should make it apparent that there will be a cost to residents for the improvements. Mr. Hinckley stated the survey will gather information on a random sample basis; and explained the difference of qualitative and quantitative research. Council Member Sniff stated if people don't have any indication of potential costs, the lack of information will tailor their response. In regard to timing of the survey, Assistant City Manager-Management Services Plumlee explained staff is coordinating with the time frame of the engineering survey, which will be conducted in the fall. Council Member Kirk expressed agreement about the ill timing of conducting a field survey during the summer; expressed appreciation for the information City Council Minutes 9 July 15, 2008 Mr. Hinckley provided without being under contract with the City, but voiced concern about the draft document submitted as the wording is bureaucratic; stated it is a waste of time to survey opinions for the parking lot in the Cove; and stated he is supportive of moving forward at the right time with the survey. Council Member Henderson suggested conducting the survey after the summer season; stated she is supportive of non-bureaucratic language; stated the Cove parking is a separate issue, and the City will have to face that issue at some point in the future; and stated she is not supportive of conducting a telephone survey. Mr. Hinckley explained their company only conducts survey work by phone and not solicitation. Council Member Osborne conveyed agreement with the concerns about the timing; expressed concern about the surveyors' language dialect being easily understood during the telephone survey; and suggested conducting the survey when the clean-up event is held in the Cove. Mayor Adolph conveyed agreement with the comments made by the City Council. Michelle Patton, 54-290 Avenida Martinez, stated she does not oppose the survey, but would like to make sure residents receive accurate information; stated she is unsure of the current problems and how to resolve them; questioned if residents are in need of receiving information from the trails plan; stated there is a need to inquire if more parking lots are needed in the Cove; suggested surveyors be present during peak use times in the trails area; suggested increasing police patrol for night time activities; and concurred with not conducting the survey in August. Andrea Dooley, 54-700 Avenida Obregon, conveyed concern about residents not understanding the ramifications of construction and costs for undergrounding utilities; stated staff must educate the public to obtain accurate information from the survey; and conveyed concern about proper representation of the residents. Kay Wolff, 77-227 Calle Ensenada, agreed with the survey timing being inappropriate, and suggested the survey be conducted in September or October to enable education of the public on the issues; addressed other issues to be included such as street lighting and street signs; and stated the questions for undergrounding should include the cost. She suggested the City provide an incentive program for lighting individual homes instead of installing street lights; stated public education is the key to obtaining accurate information; and conveyed her support of the survey. City Council Minutes 10 July 15, 2008 MOTION - It was moved by Council Members Kirk/Osborne to approve a Professional Services Agreement with SDS Research to conduct a survey of the Cove and selected communities, and authorize the City Manager to execute the agreement, subject to review and revision by the City Attorney, at a cost not to exceed 517,150, and that the instrument be modified for City Council approval along with a schedule of conducting the survey. Council Member Henderson questioned the specific timing agreed upon by the City Council. Council Member Sniff questioned the need to make a motion until the issues of concern are addressed and brought back to the City Council for approval. Council Member Kirk stated the consultant should be under contract to help make the modifications. Assistant City Manager-Management Services Plumlee stated a delay in the survey until after the engineering survey is conducted would result in more complete cost information. Council Member Kirk suggested amending the motion to approve the contract for 517,150, the instrument be brought back to the City Council for review and approval, along with a schedule for conducting the survey. Council concurred. Motion carried unanimously. Council recessed to the Redevelopment Agency meeting to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None City Council Minutes 11 July 15, 2008 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING ONE-YEAR TIME EXTENSIONS FOR VILLAGE USE PERMIT 2005-030 AND TENTATIVE TRACT MAP 34038 FOR THE CONSTRUCTION OF 20 ATTACHED RESIDENTIAL UNITS WITHIN THE LA QUINTA VILLAGE LOCATED IN AN AREA BOUNDED BY CALLE TAMPICO ON THE NORTH, AVENIDA VILLA ON THE WEST AND SOUTH, AND AVENIDA NAVARRO ON THE EAST. APPLICANT: BORREGO RESORT HOLDINGS, LLC. Planning Manager Sawyer presented the staff report. In response to Council Member Henderson, Planning Director Johnson explained Public Works staff has reviewed the situation with the hole created on the property and stated the grading permit expires later this year; stated staff has been in contact with the developer as there has been no activity, and the developer has proposed a reclamation to return the property back to its original state prior to grading; and stated staff has elected not to add any conditions since there is a current grading permit and bond. Council Member Henderson asked if the process the City has in place with the grading permit and bond, would have any greater meaning if this is approved or not approved. Planning Director Johnson stated they are two separate matters. Council Member Henderson stated she would not want to lessen the City's ability for a solution, and asked how soon this needs to be approved. Planning Director Johnson further explained the developer has made a timely request for an extension, as long as it is being processed, there is no expiration to entitlement; stated the process has begun with the Public Works Department to remedy the grading issue. Public Works Director Jonasson explained the viability of the bond has been determined to be valid, but staff has not been in contact with the bonding company; explained staff will contact the bonding company if the permit expires; and stated the City Attorney's office may investigate the validity of the bonding company. Council Member Henderson conveyed her concern of viability of the bonding company as many have folded due to the economy. City Manager Genovese stated conditions cannot be placed on the time extension, and the only remedy would be the improvement agreement. In response to Council Member Kirk, Assistant City Attorney Houston explained there is a lot of case law that prohibits placing additional conditions of approval on a tract map extension, and the City only has the authority to approve or deny the request. City Council Minutes 12 July 15, 2008 In response to Council Member Henderson, Planning Director Johnson explained the conditions of approval were originally established during the entitlement process; and stated staff did not add any new conditions to either the village use permit or tract map when originally approved. In response to Council Member Henderson, Assistant City Attorney Houston stated he has not seen the original conditions to determine if modifications have been made to the existing conditions; and reiterated there is clear law the City Council cannot add conditions to a tract map extension. Planning Director Johnson suggested two options: 1) add conditions to the village use permit or; 2) bring back the item at the next meeting and report back on the bonding issue. In response to Council Member Osborne, Public Works Director Jonasson explained the developer has until November 2008 to either renew the grading permit or fill in the hole to comply with the grading requirements. He further explained how the grading bond and time extension are two separate issues. Council Member Henderson stated she is not unsympathetic to what's happening with the economy, and conveyed her concern about the status of the bonding company. The Mayor declared the PUBLIC HEARING OPEN at 7:22 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:22 p.m. Council Member Osborne stated we need to make sure the bond is good. Assistant City Attorney Houston stated he can report back on the validity of the bond surety company. RESOLUTION NO. 2008-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR VILLAGE USE PERMIT 2005-030 (BORREGO RESORT HOLDINGS, INC.). It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2008-048 as submitted. Motion carried 4-1-0 with Council Member Henderson dissenting. City Council Minutes 13 July 15, 2008 RESOLUTION NO. 2008-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 34038 DIVIDING 1.231 ACRES INTO ONE CONDOMINIUM LOT (BORREGO RESORT HOLDINGS, INC.) It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2008-049 as submitted. Motion carried 4-1-0 with Council Member Henderson dissenting. 3. CONSIDERATION OF A RELOCATION PLAN FOR SILVERHAWK APARTMENTS. Redevelopment Consultant Spevacek presented the staff report. In response to Council Member Sniff, Redevelopment Consultant Spevacek explained the term would be an initial purchase and then sale to an operator; explained Redevelopment law requires that a relocation plan be approved and authorized for circulation within 30 days of the purchase and sale agreement, and staff is attempting to make this fit in the provisions of the Redevelopment Law; and confirmed this item may not go forward as it is tentative at this time. MOTION - It was moved by Council Members Kirk/Henderson to approve the Relocation Plan for the Silverhawk Apartment Homes for public release, and authorize the Agency Executive Director to submit the Relocation Plan to the State Department of Housing and Community Development and circulate for public review and comment. Motion carried 4-1-0 with Council Member Sniff dissenting. 4. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2008/2009 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. Finance Director Falconer presented the staff report. Council Member Osborne conveyed his agreement with the proposed changes. Council Member Sniff complimented staff for their efforts in this matter. City Council Minutes 14 July 15, 2008 RESOLUTION NO. 2008-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE FISCAL YEAR 2008/2009 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2008-050 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to receive and file the Five-Year Resource Allocation Plan. Motion carried unanimously. 5. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE REGARDING USE OF SKATEBOARDING PARK AREAS. Community Services Director Hylton presented the staff report. In response to Council Member Sniff, Community Services Director Hylton confirmed this item is to bring the City in-line with current State law. MOTION - It was moved by Council Members Sniff/Osborne to take up Ordinance No. 458 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE BY AMENDING CHAPTER 11.96.020. It was moved by Council Members Sniff/Osborne to introduce Ordinance No. 458 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None City Council Minutes 15 July 15, 2008 6. CONSIDERATION OF APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2008 LEAGUE OF CALIFORNIA CITIES CONFERENCE. MOTION - It was moved by Council Members Kirk/Osborne to appoint Council Member Henderson as voting delegate and Mayor Adolph as alternate for the 2008 League of California Cities Annual Conference. Motion carried unanimously. 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. Council Member Kirk stated there are a number of neighboring communities that do not allow signs in the right-of-way, and asked if what they are enforcing is consistent with the law. Assistant City Attorney Houston explained the City Attorney opined that it is permissible to ban temporary signs in the right-of-ways; and stated City Attorney Jenson has spoken to the City Attorney in the City of Indio, who is in the process of revising their municipal code to prohibit temporary signs in the right-of-ways. Council Member Kirk conveyed concern about changing the municipal code during the election process. Planning Director Johnson stated staff can bring this matter back in 90 days if desired. Council Member Kirk stated he was intrigued three other cities currently prohibit temporary signs in the right-of-ways; and recommended this matter be brought back for the City Council's consideration in January 2009. Council Member Henderson suggested also bringing back an update of any additional cities changing their municipal code relating to temporary signs. REPORTS AND INFORMATIONAL ITEMS Chamber of Commerce Workshop/Information Exchange Committee - Council Member Osborne stated the last meeting was well attended, and staff did a good job representing the City. He gave charts of members lost and gained, and stated the next meeting will be in September. City Council Minutes 16 July 15, 2008 CVAG Energy & Environmental Resources Committee - Council Member Sniff reported Mr. Ferguson of Palm Desert gave a presentation on AB 81 1 regarding an energy efficiency program for cities; and suggested staff review this bill and report back to the City Council on adopting a resolution of necessity. Council Member Henderson voiced agreement with the suggestion. Animal Campus Commission -Council Member Henderson reported an article in today's paper announced the Campus will close on Mondays; explained the County adopted their budget, which included reductions in each department, and required the Animal Control Department to review their budget as well. She reminded everyone that initially they were not going to be open seven days, but the County stepped forward to extend the hours; stated AB 1634 is still working through the process; and stated the County will start processing their citations through Data Quest, and if not paid, will go through the Court system. League of California Cities - Council Member Henderson reported a Division meeting with Lynn Jacobs as the guest speaker, who presented grant funding through the department, and indicated it is ready to be allocated to municipalities. CVAG Transportation Committee -Council Member Kirk reported CVAG received 520 million through CTC for grade separation on Avenue 56 and Avenue 66, but will need to find a commitment to fund the remaining 573 million. He further reported the Committee has asked staff to look into the possibility of the cities and county being able to take advantage of 511.5 million possibly being available in bond issuance capacity under the new Measure A. Council Member Henderson referenced an email she received regarding open space acquisition and other measures that might boost property values by seeking approval of property owners; and stated Santa Clara County property owners imposed a fee on themselves regarding benefit assessments, but it was overturned by the State Supreme Court; and stated the City Attorney will be reviewing the litigation and the decision made by the Court. x e•• a a+ w i~ x• w All other reports were noted and filed. DEPARTMENT REPORTS -None City Council Minutes 17 July 15, 2008 MAYOR ANO COUNCIL MEMBERS' ITEMS Mayor Adolph referenced a conference call held with State Assemblyman John Benoit who reported most participants were interested in how the cities will be affected by the budget; questioned if any means were included in the budget to bring down the deficit, and the answer was no; when questioned where the Democrats and Republicans stand, it was explained the Democrat's solution is to tax the wealthy and businesses; and stated it does not seem the legislature is concerned to exceed the due date of adopting a budget. Mayor Adolph stated he made a presentation to the Board of Realtors, and they were very pleased to hear the City Council had approved S 1.4 million for marketing; stated the realtors were happy the City is working through code enforcement to upgrade areas in the Cove; and received information regarding foreclosures in the City. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. ~/ERONICA J /~l(ONTECINO, City Clerk City of La Quinta, California