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2008 09 16 CC MinutesLA QUINTA CITY COUNCIL MINUTES SEPTEMBER 16, 2008 A special meeting of the La Quinta City Council was called to order at the hour of 2:30 p.m. by Mayor Adolph. PRESENT; Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENT OF TWO CITY REPRESENTATIVES TO THE IMPERIAL IRRIGATION DISTRICT (IID) ENERGY CONSUMERS' ADVISORY COMMITTEE (ECAC). Mayor Adolph asked if the appointments consist of one member from the public and one Council Member. City Manager Genovese stated staff is recommending a Council Member be appointed to the Committee because both the Cities of Indio and Palm Desert have indicated they plan to appoint an elected official. Council Member Osborne stated the Energy Consumers' Advisory Committee (ECAC) is conducting strategic planning with IID, and has not yet set their goals; and spoke in support of appointing a Council Member to the Committee. Council Member Henderson commented on the possibility of a meeting in October or November. Council Member Osborne stated the issue of alternates may come up during discussions with IID. He suggested appointing an alternate to make sure the City's voting rights are represented. City Manager Genovese explained IID may not allow alternates, but it is advisable to go ahead and appoint an alternate at this time. In response to Council Member Sniff, Council Member Osborne stated the term of appointment has not yet been determined. City Council Minutes 2 September 16, 2008 In response to Council Member Henderson, City Manager Genovese explained the six members currently appointed to the Committee were not formally selected from the City for representation of this community. The following applicants for the Energy Consumers' Advisory Committee gave a brief presentation on their background and qualifications: Frank Blum Mack Carter Don Delzell Jim Hunt, 54-527 Riviera, stated he currently serves on the Committee, but is not seeking appointment; and explained the current IID Board is seated by representatives from Imperial County. He stated the by-laws state two issues to be addressed are public benefits and budget; the Board has not yet addressed the budget, and a meeting is scheduled in the Imperial Valley to discuss public benefit. Ballot No. 1 Council Member Henderson voted for Mack Carter Council Member Kirk voted for Frank Blum Council Member Osborne voted for Frank Blum Council Member Sniff voted for Mack Carter Mayor Adolph voted for Frank Blum Council concurred that the person receiving the second highest number of votes should be appointed as the alternate. MOTION - It was moved by Council Members Sniff/Kirk to appoint Frank Blum as the City's representative on the Imperial Irrigation District Energy Consumers' Advisory Committee and Mack Carter as the alternate. Motion carried unanimously. In response to Council Member Kirk, Assistant City Manager-Management Services Plumlee stated it is his understanding that the ECAC hopes to have all the appointments made by October 1, 2008, and hold its first meeting January 9, 2009. Council Member Osborne stated he understands the current ECAC will be meeting right away, and then the IID General Manager will meet with La Quinta City Officials to review composition of the new ECAC. City Council Minutes 3 September 16, 2008 Council Member Kirk suggested appointing Council Member Osborne to serve on the Committee as the elected official representative until after the election. Council Member Osborne agreed to accept the appointment. Council Member Sniff asked about appointing a staff member as an alternate. City Manager Genovese suggested Assistant City Manager- Management Services Plumlee be appointed as the staff alternate. MOTION - It was moved by Council Members Kirk/Sniff to appoint Council Member Osborne to serve as the elected official representative on the Imperial Irrigation District Energy Consumers' Advisory Committee and Assistant City Manager-Management Services Plumlee as the staff alternate. Motion carried unanimously. Mayor Adolph convened the regular meeting of the City Council at this time, and announced the following closed session items. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR, BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6, MEET AND CONFER PROCESS. 2. CONFERENCE WITH LABOR NEGOTIATOR, BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6, MEET AND CONFER PROCESS REGARDING BUILDING INSPECTORS' CAR ALLOWANCE. (See announcement of action under Confirmation of Agenda.) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL-APPOINTED POSITION - CITY MANAGER. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 400 P_M_ Mayor Adolph led the audience in the Pledge of Allegiance. City Council Minutes 4 September 16, 2008 PUBLIC COMMENT Stan Ford, representing the Coachella Valley Recreation and Park District (CVRPD), gave a brief presentation on upcoming activities and events provided by the District. CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS City Manager Genovese reported the City Council concluded Closed Session Item No. 2 and took action approving an increase in the car allowance for two building inspectors based on the IRS mileage rate. (Further announcements related to the Redevelopment Agency Closed Session items are reflected in the minutes of that meeting.) PRESENTATIONS 1. PRESENTATION REGARDING IMPERIAL IRRIGATION DISTRICT COPPER/PRECIOUS METAL STEALING. Rose Maria Gonzales and Mark Weber, representing Imperial Irrigation District (IID), gave a presentation on the background, community problem, current law and legislation, and public outreach programs related to copper/precious metal theft. Council Member Henderson suggested posting information regarding copper/precious metal theft on the agenda posting bulletin boards. In response to Council Member Kirk, Ms. Gonzales confirmed the reward for reporting suspects is 52,500. WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of August 5, 2008, as submitted. Motion carried unanimously. City Council Minutes 5 September 16, 2008 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTERS DATED AUGUST 19, SEPTEMBER 2, AND SEPTEMBER 16, 2008. 2. RECEIVE AND FILE TREASURER'S REPORTS DATED JUNE 30 AND JULY 31, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORTS DATED JUNE 30 AND JULY 31, 2008. 4. APPROVAL OF THE FIRST AMENDMENT TO THE AGREEMENT WITH RIVERSIDE COUNTY FOR LAW ENFORCEMENT SERVICES, ADDING STAFF. 5. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30357, MOUNTAIN VIEW COUNTRY CLUB, TOLL BROTHERS, INC. 6. ACCEPTANCE OF ONSITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29894-2, HIDEAWAY, NRI -CCP 1, LLC. 7. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29894-3, HIDEAWAY, NRI -CCP 1, LLC. 8. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE NEW TRAFFIC SIGNAL AT DESERT CLUB DRIVE AND AVENUE 52, PROJECT NO. 2008-02. 9. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR LAGUNA DE LA PAZ SOUND ATTENUATION WALL IMPROVEMENTS, PROJECT NO. 2008-01. 10. APPROVAL OF RATIFICATION OF CONTRACT CHANGE ORDER NO. 1 FOR THE HIGHWAY 111 STREET IMPROVEMENTS, PROJECT NO. 2001-07A, BY THE CITY MANAGER FOR ADDITIONAL WIDENING TO ALLOW THREE THROUGH LANES OF TRAFFIC. City Council Minutes 6 September 16, 2008 11. CONSENT TO AN ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND BETWEEN CP DEVELOPMENT LA QUINTA, LLC, AND DOLPHIN LA QUINTA, LLC, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING DIRECTOR TO ATTEND THE MAP-MANAGEMENT TRAINING WORKSHOP IN NEWPORT BEACH, CALIFORNIA, OCTOBER 22-24, 2008. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND THREE CODE COMPLIANCE OFFICERS TO ATTEND THE ANNUAL CODE ENFORCEMENT SEMINAR SPONSORED BY THE CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS IN SOUTH LAKE TAHOE, CALIFORNIA, OCTOBER 7-10, 2008. 14. APPROVAL OF THE 2008 CONFLICT OF INTEREST CODE BIENNIAL NOTICE. 15. APPROVAL OF CONTRACT CHANGE ORDER NO. 10 FOR PROJECT NO. 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2008/2009. 16. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&El OF PROBABLE CONSTRUCTION COSTS FOR THE VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES, PROJECT NO. 2008-04. 17. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR A SAND VOLLEYBALL COURT AT ADAMS PARK, PROJECT NO. 2008-08. 18. APPROVAL OF AN ADVANCE FROM THE GENERAL FUND TO THE SILVERROCK GOLF ENTERPRISE FUND. 19. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR THE AVENUE 54 MEDIAN LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-09. 20. APPROVAL TO AWARD A CONTRACT TO HAZARD CONSTRUCTION IN THE AMOUNT OF $389,971 TO CONSTRUCT THE EISENHOWER DRIVE REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18A. City Council Minutes 7 September 16, 2008 21. DENIAL OF CLAIMS FOR DAMAGES FILED BY PW CONSTRUCTION, INC. - DATES OF LOSS: FEBRUARY 9, AUGUST 29, AND SEPTEMBER 21, 2007. In regard to the current financial crisis on Wall Street, Council Member Osborne requested investment information related to Item No. 2. Finance Director Falconer stated the City maintains a conservative portfolio, and currently does not have any investments with AIG or Merrill Lynch. The City does have some corporate notes and commercial paper, which staff monitors on a daily basis. He noted recent actions taken by the Federal Treasury have actually made any short-term investments in Fannie Mae or Freddie Mac more secure. He stated the City has no investments in Fannie Mae, and S10 million of the approximately S20 million currently invested in Freddie Mac will mature on Friday and be reinvested in U. S. Treasury Bills. In regard to Item No. 13, Council Member Kirk asked if there is a lower cost alternative for training staff. Building & Safety Director Hartung explained the conference in South Lake Tahoe is the only training held in California this year. Council Member Henderson noted the last conference attended was in North Lake Tahoe, and that these types of conferences are being held at destination conference centers. MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended. Motion carried unanimously. BUSINESS SESSION ............continued 2. CONSIDERATION OF A RESOLUTION GRANTING CONSENT TO THE COUNTY OF RIVERSIDE TO FORM THE PALM SPRINGS DESERT RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT DISTRICT. Economic Development Project Manager Casillas presented the staff report. In response to Council Member Osborne, City Manager Genovese stated the City's current Transient Occupancy Tax (TOT) rate is 1 1 % for hotels with conference facilities, and 10.4% for hotels without conference facilities. In response to Council Member Sniff, Economic Development Project Manager Casillas confirmed the City will have an elected official representative on both the JPA Executive Board and HIVC Advisory Committee. City Council Minutes 8 September 16, 2008 City Manager Genovese explained the City of Palm Desert's decision not to participate in the Business Improvement District will not have an effect on their JPA membership. Council Member Sniff stated he feels 2% can make a difference when tourists are making a decision to stay at a hotel in the City, and it may put the City at a disadvantage in the tourist market. Council Member Henderson stated she also had concerns about the increase, but will support it because the industry proposed it and supports it, and it will generate additional funds to provide a competitive edge in the market. She feels the City of Palm Desert will at some point reassess their position. She stated the CVA will be discussing at their next meeting whether or not any damage has been done to the BID, but we are under a deadline today because the County must receive the document by the end of the week in order to apply the increase to the tax rolls. In response to Council Member Kirk, Economic Development Project Manager Casillas explained hotels with 50 rooms or more will be affected by the BID, and confirmed that none of the affected hotels in La Quinta have opposed the increase. Council Member Kirk noted this will reduce the City's annual contribution by approximately S500,000, which is funding that can then be used for other City needs. Mayor Adolph stated he believes the assessment is a plus-plus situation for the City, and he is willing to support it. Jeff Beckelman, President of the Palm Springs Desert Resort Communities Convention & Visitor's Authority (CVA), stated the business community is stepping up to allow the assessment to promote the City. He reported on the higher TOT percentages in other destination areas, and stated the increase will not hurt hotels in the City of La Quinta. In response to Council Member Osborne, Mr. Beckelman explained tourists usually compare room rates and TOT percentages or assessments, and groups booking large conventions do not ask about TOT or assessment amounts. Council Member Sniff stated he is willing to support the BID as it is a definite improvement, but would like to see a definite review period. He inquired about an amendment process. Mr. Beckelman confirmed the plan has an amendment process; and stated the BID will last for a year, and those assessed will have an opportunity to opt out. City Council Minutes 9 September 16, 2008 Dan Martinez, Riverside County Executive Office, addressed the timeline for the calendar year, and explained a BID can be implemented at any time during the year, He stated the BID will be reviewed on an annual basis; public meetings will be held for hotel owners and cities; and a public hearing will be scheduled. He stated the Board of Supervisors will be the governing body for the BID, with the HIVC as an advisory committee. He noted the City can opt out anytime between implementation and January 1, 2009. In response to Council Member Sniff, Mr. Martinez stated the assessment will be 2% of the gross room rate. Council Member Henderson clarified the charge will be on the hotel bill, and not on the tax roll as she stated previously. Terrance Sullivan, representing Embassy Suites, stated the hotel supports the assessment and that the additional funding would be beneficial to the community for tourism. RESOLUTION NO. 2008-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONSENT TO THE COUNTY OF RIVERSIDE TO FORM THE PALM SPRINGS DESERT RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT DISTRICT. It was moved by Council Members Kirk/Sniff to adopt Resolution No. 2008-055 as submitted. Council Member Sniff requested consideration be given to shorten the length of the BID name. Motion carried unanimously. 3. CONSIDERATION OF RECOMMENDATION FOR LOCATION OF COMMERCIAL CENTER FOR POLICE DEPARTMENT. Council Member Osborne recused himself from participating on this item and left the dais due to a potential conflict of interest as one of the properties is a client of his firm. Assistant City Manager-Management Services Plumlee presented the staff report. City Council Minutes 10 September 16, 2008 Police Chief Vigue reviewed the criteria used for the proposed sites and scoring process; and stated the Police Department has determined the most suitable location is the J. Paul Building. In response to Council Member Kirk, Chief Vigue explained none of the criteria used was considered to be of higher importance, and that each location was reviewed and assessed for the Department's needs. In response to Council Member Sniff, Chief Vigue stated staff reviewed the cost and size of the facility, including furnishings, in addition to the location. He stated there would be no disadvantage if the facility were to be opened January 1, 2009. Council Member Sniff expressed concern about locating the facility at the extreme west of a one-way street, and suggested a through street would be more beneficial in supporting the businesses on Highway 111. He questioned which is more important, service to businesses or residents. In response, Chief Vigue confirmed the street is not a through street, and explained patrol cars would not have to circumvent turn pockets or signals from the facilities; and stated the facility is established to support both businesses and residents in North La Quinta. He stated any of the three locations would suffice, but the J. Paul Building would best meet the needs of the Department. Mayor Adolph noted the patrol cars would not have to drive down to Dune Palms Road to access Highway 1 1 1, as there is a roadway through the Best Buy shopping center. Pat Wood, owner of the Dune Palms Plaza location, stated he feels there are a number of factual inaccuracies in the staff report. He stated businesses on Highway 111 want a police facility that is visible to the public, and he understood the Police Department felt the same. He feels the Suite C property was not correctly rated in the report, and that the access issue should not override the issue of visibility. He stated the current tenant is willing to vacate, and the property can be available immediately. He pointed out his facility costs more, but is larger and provides room for growth. He requested that his facility be given further consideration before making a final decision. Council Member Sniff made a motion to select the Centre of La Quinta, Suite 6 location, and authorize staff to negotiate necessary agreements with a goal to move in no later than January 1, 2009. Council Member Kirk stated he would like to hear from the other property representatives before making a decision. City Council Minutes 11 September 16, 2008 Lucia Moran stated that at the request of the Police Department earlier this year, she provided information on several locations for the commercial police center. She indicated she did not include the J. Paul Building because it did not meet the criteria for a Highway 111 presence. She indicated that while showing two separate suites at the Centre at La Quinta site, interest was voiced in Suite 6, which is a 5,306 square-foot area and larger than what had been requested. She stated further meetings were held with Pofice Department staff to discuss the potential of that location, and distributed exhibits to explain why she felt the Suite 6 location was better than the J. Paul Building site. Chris Clarke, representing Stamko Development and the Centre at La Quinta property, reviewed the exhibit showing access points to that facility from Highway 111; and stated she understood a Highway 111 presence was desired. She stated she supports her facility or the Dune Palms Plaza location, but not the J. Paul Building because it is at the end of the road with limited access. She suggested a request for proposal process be utilized. In response to Council Member Sniff, Ms. Clarke confirmed her facility could be available by January 1, 2009, provided the City is cooperative in reviewing her tenant improvement plans. Ms. Moran continued to explain the benefits of the location, and commented on the incorrect evaluation of the site in the staff report. J. Paul stated he submitted his proposal in a timely manner, and he felt the Police Department has made a decision based on eight months of review. He questioned it being ethical for the other site representatives to present additional exhibits at this time. Council Member Kirk commented on both the J. Paul Building and Centre at La Quinta locations ranking close in meeting the needs of the Police Department, and the City Council being responsible for making the final decision. He noted the J. Paul Building is rated "excellent" on availability, and the Centre at La Quinta location is rated "fair," but given the amount of time already spent on this, he does not see a 90-day difference in time frame being a major concern. He views the two proposals as being almost equal, and the decision for him would be based on the cost of the lease. He asked if Ms. Clarke had submitted an offer that might reduce the costs. Assistant City Manager-Management Services Plumlee stated staff did not feel it would be fair after the August 18, 2008 deadline to include a reduced cam charge in the cost comparison, but explained to Ms. Clarke they would City Council Minutes 12 September 16, 2008 receive the information and have it available for the City Council. Council Member Kirk stated he understands staff's decision, but would be interested if any of the participants are willing to reduce the lease amounts and thereby result in a cost savings for the public. He estimated the reduced cam charge resulting in a lease reduction of approximately 520,000 a year. He questioned why the per square-foot costs for utilities is estimated the same for both facilities, and Assistant City Manager-Management Services Plumlee explained the same estimate was utilized for all sites. Council Member Kirk stated he feels the City Council should be looking at the lease rate, and that he would support staff's recommendation for the J. Paul Building since it would be significantly less even if Ms. Clarke reduces the cam charge. Council Member Henderson stated she feels both the cost and square footage are important to consider, but feels it is inappropriate to negotiate at a City Council meeting, and is not sure how to get to a logical conclusion at this time. She stated she is surprised the recommended site is not only off of Highway 111, but also not on swell-traveled street. However, she would also be concerned about patrol cars leaving a facility in a hurry that is located in a busy parking lot. She commented on the initial plan being to have a small substation, and Police Chief Vigue stated the 5,300 square-foot facility is a little large for the use. Council Member Sniff stated accessibility, location, cost, and the facility itself are the important issues; and stated this is not a bidding process and the recommendation should be taken on the basis of both staff and the Police Department's assessment of the facilities. He believes the Centre at La Quints site is the best of the three proposals. Council Member Henderson stated that based on information provided in the staff report, she cannot support the 5,360 square-foot facility, because it is not the expense or cost desired of the City Council. Mayor Adolph stated the location recommended by the Police Department is based on their needs, and the cost meets the budgeted amount. MOTION - It was moved by Council Member Kirk and Mayor Adolph to approve locating the Commercial District Police Office at the J. Paul Building located at 79-440 Corporate Center Drive, Suite 119, and authorize staff to negotiate and execute the necessary agreements and make the needed purchases to place the office in operation. Motion carried by a vote of 3-1-1, Council Member Sniff dissenting and Council Member Osborne abstaining. City Council Minutes 13 September 16, 2008 4. CONSIDERATION OF A FACILITY USE AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. Community Services Director Hylton presented the staff report. Mayor Adolph stated he is very supportive of the Arts Foundation and what they bring into the City, but has asked staff to see if there is a way to recoup the sales tax that is not paid by some of the vendors. Council Member Osborne stated some of the artists indicated they would not charge sales tax for cash purchases. Christi Salamone, Executive Director of the La Quinta Arts Foundation, stated they have taken steps to address that issue; and explained that prior to obtaining a business license, vendors must provide proof of being filed with the State Board of Equalization. Mayor Adolph noted the City has a list of who has not paid, and suggested the Arts Foundation could maybe follow-up on those when they apply for an application next year. Ms. Salamone questioned the Arts Foundation having that authority, but noted the vendors have to list the City on their sales tax permits prior to obtaining a business license. Council Member Kirk noted the Arts Foundation could tell artists who have not paid their sales tax that they would not be invited back the next year. Ms. Salamone stated she would be willing to talk to staff about how the Arts Foundation can better communicate the artists' responsibility. Mayor Adolph stated the purpose in addressing this is to be able to justify the City's support of the Arts Foundation. Council Member Henderson stated this issue was discussed eight or nine years ago, and noted one of the reasons the City supports the Arts Foundation is because of the tourism their events bring to the community. She stated she supports the staff recommendation, including exemption of the facility use fee for the term of the agreement. MOTION - It was moved by Council Members Henderson/Kirk to approve a Facility Use Agreement with the La Quinta Arts Foundation for the Civic Center Campus, authorize the City Manager to execute the agreement, and direct staff to exempt the facility use fee for the term of the agreement. Motion carried unanimously. City Council Minutes 14 September 16, 2008 5. CONSIDERATION TO APPOINT A MEMBER TO THE BOB HOPE CHRYSLER CLASSIC GRANT COMMITTEE. There were no changes to the staff report as submitted and on file in the City Clerk Department. MOTION - It was moved by Council Members Sniff/Osborne to appoint Mayor Adolph to serve on the Bob Hope Chrysler Classic Fund Distribution Committee. Motion carried unanimously. 6. CONSIDERATION OF AMENDMENTS TO THE MUNICIPAL CODE, ADDING SECTION 11.20.220 TO PROHIBIT THE SALE, USE, AND DISCHARGE OF SAFE AND SANE FIREWORKS IN THE CITY OF LA QUINTA. There were no changes to the staff report as submitted and on file in the City Clerk Department. MOTION - It was moved by Council Members Sniff/Osborne to take up Ordinance No. 459 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.20 ("EXPLOSIVES") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.20.220 TO PROHIBIT THE STORAGE, USE, POSSESSION, AND HANDLING OF SAFE AND SANE FIREWORKS. It was moved by Council Members Sniff/Osborne to introduce Ordinance No. 459 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 September 16, 2008 STUDY SESSION 1. DISCUSSION OF A REQUEST BY SAINT FRANCIS OF ASSISI CHURCH FOR CITY ASSISTANCE IN FUNDING STORM WATER RETENTION FACILITIES. Public Works Director Jonasson presented the staff report. Council Member Sniff suggested directing staff to conduct a study promptly on the background of this issue and proceed with negotiations. In response to Mayor Adolph, Public Works Director Jonasson noted this project has been in the City for some time, and has been presented to the Planning Commission at least once. The intent at this time is to apprise the City Council of the current status and underlying issues. Mayor Adolph asked where the drainage from Highland Palms settled prior to the church buying the property. Public Works Director Jonasson stated part of staff's research will be to review the profile of Washington Street when it was a County road without a median. John Vuksic, Prest Vuksic Architects, voiced questions regarding historic flow, when does water that flows onto public streets become City water, what was the intent of the previous allocation of approximately $400,000, and if the intent was fora retention basin, would it still be the City's obligation. Furthermore, if St. Francis assumed responsibility for the water when it acquired the property, then didn't the City assume responsibility for the substandard condition of the County road when the City incorporated. He also questioned why the City did not address the drainage issue by creating a proper channel system during previous improvements to Washington Street. Council Member Henderson agreed with directing staff to begin discussions and negotiations on this issue and bring the numbers more current. Council Member Kirk stated a new hydrology report might be beneficial. Public Works Director Jonasson explained approximately $400,000 has been budgeted for the Washington Street drainage improvements, and an analysis would be an appropriate use of the funds. He estimated the cost of the analysis to be $15,000 to $20,000. Council Member Osborne noted the City funding that was set aside was for an open retention basin, and questioned what the City's financial responsibility would be in the current proposal for an enclosed basin under the church parking lot. City Council Minutes 16 September 16, 2008 Louise Neeley, 42-625 Iowa Street, Palm Desert, spoke to the question raised by Mr. Vuksic regarding water flow, and stated the previous natural water flow was southward toward the Breeze Country Club, and there was a natural lake. Council Member Sniff noted the dry lake area included the area now known as Laguna de la Paz. Council Member Kirk suggested staff be directed to move forward with a study, and negotiations with the church. City Council concurred. The City Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Holly Escobedo, owner of The Book Rack, asked if something could be done to amend the regulations that restrict her from displaying a book rack in front of her store, much like other businesses next to her are able to do. Mayor Adolph referred her to Building & Safety Director Hartung to work out a solution on this matter. PRESENTATIONS -None PUBLIC HEARINGS 1. PUBLIC HEARING ON DEVELOPMENT IMPACT FEES. Public Works Director Jonasson requested this item be continued to October 7, 2008. The Mayor declared the PUBLIC HEARING OPEN at 7:1 1 p.m. MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing on Development Impact Fees to October 7, 2008. Motion carried unanimously. City Council Minutes 17 September 16, 2008 STUDY SESSION .... ......continued 2. DISCUSSION OF DESIGN OPTIONS FOR PLACEMENT OF STREET NAME SIGNAGE IN THE COVE AREA. Public Works Director Jonasson presented the staff report. Principal Engineer McKinney reviewed alternatives for consideration and the cost to implement each option. In response to Council Member Henderson, Principal Engineer McKinney confirmed two new sign posts would be installed on opposite corners with two signs on each side of the posts. Council Member Osborne asked what would happen to the current obelisks under Option No. 1. Principal Engineer McKinney stated they would remain in place unless Council directs otherwise. Council Member Sniff spoke in support of Options 1 A, 3, and 4, noting the City logo would provide further identification. Council Member Henderson stated she would not want the logo to compromise the size and legibility of the lettering. She liked the idea of looking into a different shape for the signs, but again maintaining sufficient space for the lettering. She stated the important issue is visibility of the sign at night, and that she is open to a different color for both signs and posts. She stated if the current obelisks are going to remain in place, they should be painted with reflective paint; and if "Calle" or "Avenida" is included, they should be smaller letters to allow enough space for the street names to be larger letters. She stated she supports Option 1 A, 3, and 4, and looking at different shapes and colors. Council Member Kirk asked if 530,000 is an annual cost for repainting the obelisks. Public Works Director Jonasson stated that would be the amount if all of the obelisks are repainted each year. If Council desires, staff can continue repainting a portion of them each year, which is already included in the annual maintenance budget. Council Member Kirk asked if reflective paint costs more, to which Principal Engineer McKinney responded that he thought it would be about the same. Council Member Kirk conveyed support for Options 1 A and 4, and agreed with having staff come back with some design options for a unique look. In response to Council Member Kirk, Public Works Director Jonasson confirmed 5100,000 has been budgeted for the project, and the costs for any additional options would come from the reserves. Council Member Kirk City Council Minutes 18 September 16, 2008 commented on the need to be sensitive about using reserve funds, and suggested when this comes back for consideration that it include a 15` Quarter update from the Finance Director before making a decision. Council Member Sniff suggested implementing the program over a three or four-year period to reduce the financial impact. He also stated he would not like to see anything happen to the obelisks because they provide a unique quality to the Cove area. Mayor Adolph asked under Option 1 A if the intent is to remove the existing signs and install new poles at the new height. Public Works Director Jonasson confirmed the street signs would be removed from the top of the stop signs, and be replaced with free-standing street signs. Mayor Adolph stated he agrees the lettering on the signs should be large enough to read, and suggested, if necessary, to eliminate the logo on signs that have long street names so there is sufficient space for the letters. Public Works Director Jonasson explained the signs come in different lengths to accommodate the street names, and clarified that it is the City Seal, and not the logo, that is proposed to be printed in color on the sign. In response to Mayor Adolph, Principal Engineer McKinney clarified the white portion of the obelisks is what will be painted with reflective paint and not the lettering. After a brief discussion, Council concurred to have come back with information on using reflective paint on the letters on the obelisks. Council Member Henderson suggested printing the City Seal in monochrome instead of color. Council Member Kirk stated he would like to see it come back both ways, as well as color options for the signs. In response to Council Member Henderson, Public Works Director Jonasson stated the available colors for signs are green, white, blue, and brown. Council Member Sniff commented on the importance of making sure the signs are done right so they do not have to be redone again next year. Kay Wolff, 77-227 Calle Ensenada, representing the Cove Association, stated the Association conducted a survey about the signs on their website, and most agreed with Option 1A and not removing the obelisks. She feels the public would be in support of colors, but encouraged keeping the design simple. She suggested a bubble on the top or bottom of the sign might be a City Council Minutes 19 September 16, 2008 good place to put the City Seal or a quail (City bird). She encouraged the City Council to make a decision as soon as possible, noting it may reduce the desire for some to have street lights in the Cove. She referenced the use of number sequences on street signs, but noted it may not work well in the Cove, and suggested leaving off "Calle" and "Avenida." Public Works Director Jonasson confirmed staff will bring this matter with at least four alternative sign colors, options with the City Seal or quail emblems, alternative sign post colors, and alternative sign shapes. The City Council recessed to the Redevelopment Agency meeting. The City Council reconvened. REPORTS AND INFORMATIONAL ITEMS CVAG Public Safety Committee - Council Member Kirk reported a disaster preparedness exercise will be held on November 13, 2008, and the City will be participating in the exercise. CVAG Transportation Committee -Council Member Kirk reported the Committee discussed how to handle transportation funding requests from cities along Highway 111 for segments that are not currently part of the Transportation Modeling System. He suggested a conditional agreement be made with those cities that indicate funding could be considered if, and when, those segments are considered by a priority modeling system at CVAG. He noted that would give the agency some assurance of reimbursement if they score well under the priority system. C. V. Mountains Conservancy -Council Member Kirk stated they continue to pass bond funding along to Friends of the Desert for property acquisitions, and Palm Desert City Councilman Jim Ferguson was elected as Chairman. Coachella Valley Animal Campus Commission - Council Member Henderson reported the Commission now meets quarterly, and commented on the outreach effort being done in the southeast part of the Valley for the care of animals. She referenced the creation of healthy pet zones, and a mobile spay/neuter clinic; and stated she has suggested the possibility of corporate sponsorships for one day to help cover the cost of the mobile unit. League of California Cities -Council Member Henderson referenced a plan in the State budget to do a one-time 5350 million RDA funds shift (seizure) from municipalities, which breaks down to approximately 54.5 million from the City of City Council Minutes 20 September 16, 2008 La Quinta. She stated the League is looking at initiating legislation that would prevent future seizure of funds, and because the League believes the RDA funds are constitutionally guaranteed anyway, they may allocate funding and staff time to take the issue to court. She added the League will be considering a resolution at the conference next week on bylaw amendments, one of which adds four new Board positions that would be appointees from each of the four caucuses. She did not support the change when it came before the Board, and would like input from the Council Members if this issue is bifurcated from the other bylaw amendments. The City Council indicated they would support her decision if it becomes a separate vote. Santa Rosa/San Jacinto National Monument Advisory Committee - Council Member Henderson stated an electronic version of the trails map is available on the Monument's website, and asked staff to make sure the City's website is linked to it. She also referenced an article regarding the addition of 36,000 acres to the critical habitat. She clarified that the original document indicated a need for 845,000 acres, but it has since been determined that 384,000 acres would be sufficient. Council Member Osborne suggested establishing a Bob Hope Chrysler Classic Ad Hoc Committee. Chamber of Commerce Workshop/Information Exchange Committee - Council Member Osborne stated the new President is working diligently to get the name out, and they are partnering with the Bob Hope Chrysler Classic to sell tickets through the members. Council Member Osborne reported he attended the groundbreaking for the Coachella Valley Water District's recharge station in La Quinta. All other reports were noted and filed. DEPARTMENT REPORTS 3-B. VOLUNTEER POLICE AND FIREFIGHTERS' ANNUAL DINNER AND HOLIDAY OPEN HOUSE. City Clerk Montecino presented the staff report. City Council Minutes 21 September 16, 2008 After a brief discussion, Council concurred on scheduling the Volunteer Police and Firefighters' Annual Dinner for November 6, 2008, and the Holiday Open House for December 3, 2008. 5-A. QUARTERLY LIBRARY REPORT. Barbara Bowie, Librarian, briefly reviewed the library's success in circulation and educational events. Mayor Adolph noted there was some public opposition to building the library, but it has been very successful. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph stated he received a call inviting the City Council to attend a martial arts program event at the La Quinta High School on November 8, 2008. a • • s ^ r • • • • r x Mayor Adolph commented on the successful grand openings of both Mimi's Caf€ and Applebee's. M iF % M ^ • • N N • iF Y Council Member Sniff referenced the "going green" effort, and suggested installing solar panels on top of the parking covers. He requested staff research the option for viability. Council Member Osborne referenced the need to clean up the City's area on Westward Ho Drive and Jefferson Street. City Manager Genovese stated staff has met with the owner of the golf course about installing permanent improvements. The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.1 (Brown Act). City Council Minutes 22 September 16, 2008 ADJOURNMENT There being no further business, the City Council meeting was adjourned. Respectf y submitted, C VERONICA J. TECINO, City Clerk City of La Quinta, California