2008 12 02 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
DECEMBER 2, 2008
A special meeting of the La Quinta City Council was called to order at the hour of
2:45 p.m. by Mayor Adolph.
PRESENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
ABSENT: None
PUBLIC COMMENT - None
Stan Ford, Coachella Valley Recreation and Parks District, announced a new
catalog is being released with a new name and logo; stated the District has
adopted the new name of Desert Recreation District; welcomed new Council
Member Franklin, and congratulated Council Member Sniff for his re-election to the
City Council.
BUSINESS SESSION
1. CONSIDERATION OF ADOPTION OF A RESOLUTION CERTIFYING THE
OFFICIAL CANVASS OF ELECTION RETURNS FOR THE GENERAL
MUNICIPAL ELECTION HELD NOVEMBER 4, 2008.
RESOLUTION NO. 2008-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON THE FOURTH DAY OF NOVEMBER, 2008, DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
It was moved by Council Members Sniff/Henderson to adopt Resolution No.
2008-074 as submitted. Motion carried unanimously.
The City Clerk administered the oath of office to Mayor Adolph, Council
Member Franklin, and Council Member Sniff.
The Mayor and City Council presented a plaque to outgoing Council Member
Osborne for his dedicated service to the City of La Quinta. Police Chief Vigue
also presented Council Member Osborne a proclamation from the Police
Department in appreciation of his service to the community. Council
Member Osborne thanked his family, the City Council, the City Manager and
staff for their support during his service.
City Council Minutes 2 December 2, 2008
The Special Meeting was adjourned at 2:58 p.m.
Mayor Adolph called the regular meeting to order at 3:00 p.m.
Roll Call
PRESENT: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph
ABSENT: None
CLOSED SESSION
1. Conference with City's real property negotiator, Douglas R. Evans, pursuant
to Government Code Section 54956.8 concerning potential terms and
conditions of acquisition and/or disposition of real property for the following:
Property Owners/Negotiators: APN: 767-220-004 — Turner Development;
and APN: 767-220-007 — Palm Desert Development Company, Danavon
Horn; APN: 767-220-031 — Coachella Valley Unified School District.
2. Conference with City's legal counsel pursuant to Government Code Section
54956.9(B) regarding threatened litigation (one matter).
3. Conference with City's real property negotiator, Douglas R. Evans, pursuant
to Government Code Section 54956.8 concerning potential terms and
conditions of acquisition and/or disposition of real property identified as APN:
600-020-012. Property Owners/Negotiators: Protech Holdings 123, Dave
Bigley.
Council recessed to the Redevelopment Agency and to Closed Session to and until
the hour of 4:00 p.m.
4:00 P.M.
Mayor Adolph led the audience in the Pledge of Allegiance.
City Council Minutes 3 December 2, 2008
PUBLIC COMMENT
Michael Day, 4381 Janelo Drive, Regional Manager for the Labors International
Union of North America, Local 1184 in Thousand Palms, explained the union has
been engaged in a struggle with the Drummond Company, which operates Rancho
La Quinta Golf Club and Andalusia at Coral Mountain; explained upon filing a
petition with the National Labor Relations Board, Local 1184 was certified as the
bargaining representative for the workers; and requested the City Council to
intervene by asking Rancho La Quinta to bargain fairly with the union, and offer the
workers a decent first term contract.
Theron Connor, 33465 Foxtail Trail, requested the City Council's support of the
workers in Rancho La Quinta Country Club; and stated the workers are not being
treated fairly.
Albert Gamez, 5554 Evelyn Dr., Banning, requested the support and assistance of
the City Council to obtain a labor agreement with Rancho La Quinta.
Julio Maroquin, 4457 Rubidoux Avenue, Riverside, depicted the daily routine of the
average worker at Rancho La Quinta and the difficulty in meeting the needs of a
family based on a $400 per week salary.
CONFIRMATION OF AGENDA
Mayor Adolph requested Consent Item No. 6 be taken up separately.
ANNOUNCEMENTS - None
PRESENTATIONS - None
WRITTEN COMMUNICATIONS - None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of November 18, 2008, as submitted. Motion carried by a vote of
4-0-1, Council Member Franklin abstaining.
City Council Minutes 4 December 2, 2008
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 2, 2008.
2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE
FRIENDS OF THE LA QUINTA SENIOR CENTER. (RESOLUTION NO. 2008-
075)
3. DENIAL OF CLAIM FOR DAMAGES FILED BY FREDERICK LOVE — DATE OF
LOSS: OCTOBER 28, 2008.
4. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 31379, LEGACY VILLAS, CENTEX HOMES.
5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN
RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC.
(RESOLUTION NO. 2008-076)
6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN
RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC. (See separate
action below.)
7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WEC
ENGINEERING TO PREPARE THE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR
LAGUNA DE LA PAZ SOUND ATTENUATION WALL IMPROVEMENTS,
PROJECT NO. 2008-01.
8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DMC
DESIGN GROUP, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE
VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING
DEVICES, PROJECT NO. 2008-04.
9. APPROVAL OF CONTRACT CHANGE ORDER NO. 5 FOR ADDITIONAL COST
OF $46,151.12 FOR TRAFFIC SIGNAL IMPROVEMENTS AND
MODIFICATIONS DURING NIGHT TIME HOURS FOR HIGHWAY 111
IMPROVEMENTS FROM JEFFERSON STREET TO ADAMS STREET, PROJECT
NO. 2001-07A, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CHANGE ORDER.
City Council Minutes 5 December 2, 2008
10. APPROVAL OF AN AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH WILLDAN FOR TRAFFIC ENGINEERING SERVICES.
MOTION — It was moved by Council Members Sniff/Kirk to approve the
Consent Calendar as recommended and amended with the exception of Item
No. 6 and with Item Nos. 2 and 5 being approved by RESOLUTION NOS.
2008-075 and 2008-076. Motion carried unanimously.
Item No. 6
Mayor Adolph stated he understands the need for a continuance for some of
the improvements, but cannot support a continuance for the landscape
improvements not yet completed in front of the wall by the Mery Griffin
home.
In response to Council Member Henderson, Public Works Director Jonasson
confirmed the Griffin property was not a part of the specific plan. He stated
the wall was included in an agreement established for dedication of the right-
of-way, but not the landscaping. There was a verbal agreement in concept
by Marty Butler to include the landscaping, but it was not specifically tied to
the map.
Marty Butler, 44180 Ocotillo Drive, stated she understands the Griffin Estate
has conceptually approved the landscape plans, which now have to be
submitted to the Planning Department. She explained they are also working
on drawings for the gates at the primary opening, and as soon as the plans
are submitted within the next year, they should be able to complete the
improvements.
Mayor Adolph requested reassurance that the matter will be addressed and
not continually postponed. Mrs. Butler stated she will address the matter
further with the Griffin group.
Council Member Henderson noted the document under consideration does
not have the authority to order landscaping, and suggested Mrs. Butler work
with staff on the feasibly of moving forward with something that will
address the lack of landscaping in front of the wall. Mayor Adolph
concurred, and indicated he would support the continuance.
City Council Minutes 6 December 2, 2008
RESOLUTION NO. 2007-077
A RESOLUTION OF THE CITY OF LA QUINTA, EXTENDING THE TIME FOR
COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32879,
GRIFFIN RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC
It was moved by Council Members Kirk/Henderson to adopt Resolution No.
2008-077, as submitted. Motion carried unanimously.
BUSINESS SESSION ........... continued
2.
3
CONSIDERATION OF PILLARS OF THE COMMUNITY APPLICATIONS.
Community Services Director Hylton presented the staff report.
MOTION - It was moved by Council Members Henderson/Kirk to approve the
Pillars of the Community applications as submitted. Motion carried
unanimously.
CONSIDERATION OF PROFESSIONAL MARKETING SERVICES FOR FISCAL
YEAR 2009/2010.
Economic Development Project Manager Casillas presented the staff report.
Council Member Sniff stated the Request For Proposal (RFP) process is
unnecessary, and suggested directing staff to renegotiate a contract with
Kiner Communications.
Council Member Kirk agreed Kiner Communication has done a good job, but
noted his approval of their contract last year was based on doing an RFP this
year. He feels after seven years with one contractor, it is time to move
forward with an RFP, and give contractors an opportunity to submit a
competitive proposal.
Council Member Henderson suggested the possibility of receiving informal
proposals from other organizations; stated she has mixed emotions, and is
open to either of the two recommendations. She asked if staff would be
able to acquire proposals without going through the entire bidding process.
Assistant City Manager -Development Services Evans stated staff would need
to consult with the City Attorney and review the City's purchasing program.
City Council Minutes 7 December 2, 2008
City Attorney Jenson stated the City could review actual contracts from
other cities, or move forward with a short list.
Council Member Henderson noted marketing contracts vary from city to city,
making it difficult to compare, and stated she would support going through
the RFP process.
Council Member Franklin stated she also supports the bidding process after
contracting with the same organization for many years.
Mayor Adolph conveyed appreciation for Kiner Communications' work in
promoting the City, and support for renegotiating their contract, but stated
he will concur with the City Council's desire to obtain requests for proposals.
Council Member Sniff stated the City Council is addressing a very dubious
cost savings compared to a solid record of performance conducted by Kiner
Communication, and suggested continuing the contract with them.
Council Member Kirk suggested two Council Members serve on the selection
committee and make a recommendation to the City Council for final
approval. Council Member Henderson noted the RFP process allows for
establishment of a selection committee.
City Attorney Jenson advised if more than two Council Members serve on
the selection committee, it would then be subject to the Brown Act.
Council Member Henderson stated Council Members have served on the
selection committee in the past, but over the years, the process of reviewing
proposals and interviewing the contractors has been turned over to staff.
City Manager Genovese stated staff will develop the RFP, and present it to
the City Council for review.
MOTION - It was moved by Council Members Kirk/Henderson to direct staff
to issue a Request for Proposals (RFP) for Professional Marketing Services
for Fiscal Year 2009/2010. Motion carried by a vote of 3-2, Mayor Adolph
and Council Member Sniff dissenting.
City Council Minutes 8 December 2, 2008
4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION
2.60.020 (DESIGNATED EMPLOYEES — DISCLOSURE CATEGORIES) OF
THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO
"CONFLICT OF INTEREST CODE."
City Clerk Montecino presented the staff report.
MOTION - It was moved by Council Members Sniff/Henderson to take up
Ordinance No. 463 by title and number only and waive further reading.
Motion carried unanimously.
ORDINANCE NO. 463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO
THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE.
It was moved by Council Members Sniff/Henderson to introduce Ordinance
No. 463 on first reading. Motion carried by the following vote:
AYES: Council Members Franklin, Henderson, Kirk, Sniff,
Mayor Adolph
NOES: None
ABSTAIN: None
ABSENT: None
5. CONSIDERATION OF DESIGN OPTIONS FOR PLACEMENT OF STREET NAME
SIGNAGE IN THE COVE AREA.
Public Works Director Jonasson presented the staff report, and Principal
Engineer McKinney presented various design and color options for the
signage.
In response to Council Member Henderson, Fire Chief Cooley stated the Fire
Department's database includes Calle or Avenida in the legal street name,
and if omitted would make it difficult for their dispatcher to find the street
when the call comes in.
Mayor Adolph inquired about streets with similar names. Chief Cooley
explained he reviews street name submissions along with the Building and
Safety Department and attempts to not permit repeated street names.
City Council Minutes 9 December 2, 2008
Council Member Henderson suggested the possibility of abbreviating
Avenida, and Chief Cooley stated they would prefer having the full title and
name on the street signs. Assistant Police Chief Gregory also addressed the
inquiry, explaining their computer dispatch system is similar, and it would be
helpful to have the full street name and title. Council Member Henderson
stated the names and titles should be consistent on all the signs.
In response to Mayor Adolph, Principal Engineer McKinney explained block
numbers can be added to the signs below Calle or Avenida.
In response to Council Member Sniff, Principal Engineer McKinney stated the
rounded signs are 30 inches wide, and the rectangular signs are 42 inches
wide, with both being 9 inches high.
Council Member Henderson recommended not using the City Seal because of
the detail involved, and stated she does not support the bottom -rounded sign
or the use of the promotional logo with the gem. She conveyed support of
Option 5 with the quail.
Council Member Sniff suggested Option 1 with a rounded top for the La
Quinta script, and measurements of 9 X 42 inches; and stated he does not
support using the City Seal, quail, or the gem.
Council Member Franklin stressed the importance of using reflective signs,
and conveyed support for Option 3; stated it is not necessary to include the
La Quinta script; suggested including block numbers and not include the
rounded top.
Mayor Adolph conveyed support for Option 1, and questioned the City logo,
quail, or gem being visible; requested La Quinta be printed larger; and stated
a preference for blue or green signs with contrasting lettering.
Council Member Sniff questioned if there would be sufficient room to include
block numbers under the street title.
Council Member Henderson asked if the rounded signs can be acquired in 42
inch lengths. Principal Engineer McKinney responded, "Yes," and explained
the proposed cost is based on the 30 inch length.
Kay Wolff, 77-227 Calle Ensenada, representing the Cove Association,
suggested keeping the signs big and clear, and installing them rapidly; stated
the only reason for a rounded sign is for the title length; block numbers on
the signs would be helpful and painted posts is an unnecessary expense;
stated contrast is the key with reflective signs; and she conveyed a
City Council Minutes 10 December 2, 2008
preference for brown signs. She also reported that previous Council Member
Larry Allen passed away several months ago from a battle with cancer.
Council Member Kirk stated there are good elements in each option; and
asked about the length of the sign used in the demonstration project. Public
Works Director Jonasson stated those signs were 36 inches, and explained
the widths vary depending on the street name; and all lettering will be 6
inches on a 9 inch background. Mayor Adolph asked if the signs will be
centered, to which Principal Engineer McKinney responded, "Yes."
Council Member Kirk stated he concurs with most of the comments about
keeping the signs simple; conveyed a preference for Option 1 with rounded
signs to include the street title; including the City name is not necessary, and
he supports displaying block numbers on the signs. As for color, he prefers
not using green, and suggested using white signs with blue lettering for
north and south streets, and blue signs with white lettering for east and
west streets; prefers the design with the top -rounded, 9 inches high, any
color but green, and agrees there is no need for reflective sign posts. He
made references about the uncertainty of the nation's economy, and
suggested installing only half of the signs at this time with the $100,000
already budgeted, rather than appropriating additional funds from the General
Fund.
Council Member Henderson stated she would go along with Option 1
without the quail, and supports putting Calle or Avenida in the top -rounded
area and the block numbers to the side or vice versa. She sees no prudent
reason not to move forward with the entire project, noting there is economy
of scale in purchasing materials and in installation when doing the whole
project; and she feels doing the project in phases is not acceptable. She
prefers the signs be the same color in all directions; stated there is a
standardization for using green, but she likes blue as well; and suggested
moving Calle or Avenida where the La Quinta script is located and print the
block numbers where Calle or Avenida is currently shown, using 6 inch
letters for the street name.
Council Member Sniff conveyed a preference for Option 1 with the width
adjusted to accommodate the number of letters in the street name, and
include Calle or Avenida and block numbers; and stated he is partial to green
signs with white lettering. He questioned the timeframe for installation of
the signs. Public Works Director Jonasson explained the formal bid process
entails three months. Council Member Henderson asked if the City is
obligated to go out to bid for this project. City Attorney Jenson stated she
has not had the opportunity to review this matter, and questioned what has
been done in the past relating to street signs.
City Council Minutes 11 December 2, 2008
Council Member Sniff conveyed support for 9-inch signs, and a horizontal
width to extend to the length of the name, and agreed reflective poles are
not necessary. He suggested staff be directed to begin the normal bid
process, and the amount of time that takes could address Council Member
Kirk's concerns related to the funding.
Council Member Franklin conveyed support for Option 1, with green signs
and white lettering, the street title and name on one line, and remove the La
Quinta script out of the top round and insert the block numbers instead.
MOTION - It was moved by Council Members Henderson/Franklin to direct
staff to proceed with replacing the existing street name signs in the Cove
area with Sign Option No. 1, in green 9-inch-high signs with white 6-inch-
high lettering, removing La Quinta from the top round area and inserting the
block numbers, and proceeding with the entire project.
In response to Council Member Kirk, City Manager Genovese confirmed an
appropriation would need to be included in the motion.
Council Member Henderson stated she could amend the motion to include
the appropriation of $215,000 from the General Fund Reserves.
Mayor Adolph stated he is sensitive to Council Member Kirk's concerns
about the funding, but feels at this time the City is financially able to
appropriate the needed funds. Public Works Director Jonasson noted the
appropriation can be addressed when the project is brought back at the time
of award the contract. Council Member Kirk stated he would support staff's
suggestion to consider the appropriation along with the award of contract.
Council Member Henderson concurred with including the approval of the
appropriation at the time of the award of the contract and amended the
motion.
In response to Council Member Sniff, Council Member Henderson confirmed
the sign height is 9 inches high with 6 inch lettering.
MOTION - It was moved by Council Members Henderson/Franklin to direct
staff to proceed with replacing the existing street name signs in the Cove
area with Sign Option No. 1, in green 9-inch-high signs with white 6-inch-
high lettering, removing La Quinta from the top round area and inserting the
block numbers, proceeding with the entire project, and consider an
appropriation of funds at the time of award of the contract. Motion carried
unanimously.
City Council Minutes 12 December 2, 2008
6. CONSIDERATION OF CITY COUNCIL REORGANIZATION.
MOTION - It was moved by Council Members Kirk/Franklin to select Council
Member Henderson to serve as Mayor Pro Tempore. Motion carried 4-0-1,
Sniff abstaining.
7. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE
APPOINTMENTS.
In response to Mayor Adolph, Council Member Franklin confirmed she is
comfortable taking the appointments previously assigned to Council Member
Osborne.
Council Member Henderson distributed a memo to the City Council regarding
the appointment to the Coachella Valley Mosquito and Vector Control
District (CVMVCD) Board; and stated the original appointment was to be for
a brief term; stated the main activities will be to hire an Executive Director
and an attorney for operations, which have never been a problem. She
recommended appointing a member of the community for the position, and
nominated Bob Cox, who has attended most of the meetings and is aware of
the issues addressed by the Board.
Mayor Adolph noted the appointment does not require an elected official to
be designated to the Board.
City Attorney announced extra copies of the memo are available for public
review in the City Clerk Department.
Council Member Kirk stated he would support Council Member Henderson's
recommendation to appoint a citizen as long as it is first offered to the City
Council. Furthermore, he understands when the Council is appointing a
citizen from the community to a committee that it is generally opened up to
the public to apply for the appointment.
Mayor Adolph asked if there would be a problem making a direct
appointment. City Attorney Jenson stated the appointment is at the City
Council's discretion. Mayor Adolph asked if any of the Council Members
wish to serve on the Board.
Council Member Sniff stated he is aware of some interest from the
community in serving on the Board. Council Member Henderson noted
City Council Minutes 13 December 2, 2008
Mr. Cox is the only member of the community that has attended the Board
meetings.
Mayor Adolph asked if the City Council could rescind an appointment after it
is made. City Attorney Jenson explained the appointment can not be
rescinded against the person's wishes, and once appointed, the appointee
serves on a separate organization and represents the entire District for the
term appointed; and stated an appointee will generally step down if
requested, but there is no legal basis for removal, and the City Council would
have to go through an extended process to remove the appointment.
Council Member Kirk suggested allowing members of the community to
submit applications, and consider an appointment at the next meeting.
Council Member Henderson explained she will be attending the Board
meeting in December, but cannot attend the January meeting unless she is
re -appointed.
City Attorney Jenson explained the appointment is for a two or four-year
term, but an appointee could resign after one month. Council Member
Henderson stated she is currently serving as Vice -Chairperson, and has made
it very clear to the District that she is not interested in pursuing the
Chairperson seat.
Council Member Kirk requested staff advertise the opening and receive
applications for the City Council to consider on the next agenda.
MOTION - It was moved by Council Members Kirk/Sniff to direct staff to
open and advertise for applications for appointment to the Coachella Valley
Mosquito and Vector Control District (CVMVCD) and submit for the City
Council's consideration at the December 16, 2008 meeting.
Council Member Kirk moved to approve the other City Council appointments
submitted by staff with Council Member Franklin appointed to the previous
committee appointments assigned to Council Member Osborne.
Council Member Henderson requested the following committees be removed
from the list: Riverside County Library Zone Advisory Board; Riverside
County Free Library System Advisory Committee; and School Ad Hoc
Committee. She also noted the San Jacinto Santa Rosa National Monument
Advisory Committee is a Federal appointment. Council Member Kirk
suggested the Coachella Valley Economic Partnership also be removed as the
City does not have an appointed representative this year.
City Council Minutes 14 December 2, 2008
Council Member Kirk amended the motion to include the removal of the
committees mentioned.
Community Services Director Hylton stated staff has received a letter from
the County Librarian requesting an appointment to the Riverside County Free
Library System Advisory Committee.
Barbara Bowie, Desert Zone Manager for the Riverside County Library
System, explained the origination of the Zone Advisory Board, and stated the
Board has not met in over two years. Council Member Henderson requested
the County submit a letter for appointment when it is necessary for the
Board to meet.
MOTION — It was moved by Council Members Kirk/Sniff to approve the City
Council appointments as submitted, with Council Member Franklin accepting
the appointments previously assigned to Council Member Osborne; and
removing Coachella Valley Economic Partnership, Riverside County Child
Safety Commission, School Ad Hoc Committee, Committees appointed by
staff, and the Riverside County Library Zone Advisory Board. Motion carried
unanimously.
8. CONSIDERATION OF AMENDMENT NO. 1 TO THE SITE DEVELOPMENT
MAINTENANCE AGREEMENT WITH FOURTH QUARTER PROPERTIES XLII,
AS SUCCESSOR IN INTEREST TO 111 VENTURE, LLC.
Public Works Director Jonasson presented the staff report.
In response to Council Member Sniff, City Attorney Jenson explained this
matter came forward because a transaction occurred on the property, and
this agreement, which has an obligation, is still recorded on the property
even though a letter released the obligation and the bonds. She further
explained the obligation could interfere with the sale of the property.
In response to Mayor Adolph, Public Works Director Jonasson explained the
property consists of all parcels fronting Highway 1 1 1, including The Coffee
Bean at Adams Street, but nothing behind it; the agreement does not include
the parcels fronting Adams Street, only Lots 10, 11 and 12, and that is
where the developer chose to make the obligation to the two outstanding
conditions of the bike path and perimeter improvements. City Manager
Genovese explained the condition has been applied inconsistently to the
developers along the storm channel. City Attorney Jenson stated the
condition was imposed on the parcels on the west side of the property, and
explained the requirement is not a fee but a condition of approval, which
City Council Minutes 15 December 2, 2008
was carried forward by a $28,000 bond; subsequently a subdivision
agreement was terminated and replaced with the maintenance agreement,
which was recorded against the property.
In response to Mayor Adolph, City Manager Genovese explained an applicant
would not have been required to pay money, but rather required to acquire a
bond or letter of credit that is still active. City Attorney Jenson explained a
letter was inadvertently issued releasing the bonds, and the proposed
amendment is viewed as a clean-up issue.
Mayor Adolph inquired about possible repercussions should the City Council
not approve the amendment. City Attorney Jenson explained it is the City
Council's discretion to take action. Public Works Director Jonasson further
explained the development at Madison Square at Dune Palms and Highway
1 1 1 is conditioned to include the construction of the bike path.
In response to Council Member Sniff, City Attorney Jenson confirmed
Alternative No. 1 in the staff report would eliminate the requirement.
Council Member Kirk noted the letter of credit should not have been
released, and conveyed opposition to removing the condition as there is an
application on file and was approved with the condition of the path.
Council Member Henderson asked if the condition has been removed. City
Attorney Jenson stated the condition has not been removed or changed.
Council Member Henderson conveyed understanding as to how this could
have happened, and stated she is doubtful the bike path will ever be
completed because of the complexities involved. She conveyed support for
those advocating the improvement, but noted there are grants available for
trails and paths and this project would require a large grant. She does not
want to hinder the City's ability to condition projects as we go through the
approval process but noted the City has submitted a letter concurring that
Thomas Enterprises is released from obligation to construct the bike path,
and the developer would win if pursued in litigation against the City. She
stated she would support releasing the condition.
Council Member Franklin stated she has no problem with releasing the
condition as there is inconsistencies with other developers.
Mayor Adolph stated he also has no problem with releasing the condition,
but conveyed concern about setting a precedence.
City Council Minutes 16 December 2, 2008
MOTION - It was moved by Council Members Sniff/Henderson to approve
Amendment No. 1 (Alternate 1) to the Site Development Maintenance
Agreement with Fourth Quarter Properties XLII, as Successor in Interest to
111 Venture, LLC, subject to any minor revisions deemed necessary by the
City Attorney, and authorize the City Manager to sign the Amendment.
Motion carried by a vote of 4-1-0, Kirk dissenting.
STUDY SESSION
1. DISCUSSION OF DESIGN CONCEPTS FOR NEW FIRE STATION NO. 32 AND
THE CORPORATE YARD.
Building & Safety Director Hartung presented the staff report
Mr. Wayne Holtan, representing Dominy & Associates, reviewed the
architectural site designs and floor plans.
Mayor Adolph inquired about the square footage of the facility. Mr. Holtan
stated the facility is approximately 7,500 square feet. Building & Safety
Director Hartung confirmed the facility is not substantially smaller as
previously anticipated because of the number of elements needed that could
not be incorporated into a smaller facility.
In response to Council Member Kirk, Mr. Holtan explained the top floor of the
tower is proposed to be closed; and the facility was designed to have access
to Avenue 52, which allows the apparatus to get out on the existing curb
cut.
Council Member Kirk conveyed support for the tower, but does not feel it is
depicted as Spanish Colonial, and questioned what the architect is trying to
achieve with the design. Mr. Holtan explained the design is an attempt to
replicate a Spanish style look and bring elements of that into a modern
building; and stated the design is a work in progress that can be modified to
accommodate the City Council's preferences.
In response to Mayor Adolph, Building & Safety Director Hartung explained
staff is requesting direction to pursue any one of the schemes presented.
Mayor Adolph asked if Francis Hack Lane will become a dead-end street and
vacated at the west end when the facility is built. Public Works Director
Jonasson explained staff is investigating abandonment of the street and
considering utilizing the area for parking until a determination is made.
Mayor Adolph conveyed concern about the general public having access to
the area, and suggested a locking gate for staff access.
City Council Minutes 17 December 2, 2008
Council Member Henderson conveyed preference for a traditional design to
fit into the neighborhood; and agreed the design of the tower needs
additional work.
Council Member Kirk voiced agreement that Scheme B is more appropriate
for the area, with design improvements to the tower; conveyed concern
about the massive the roof, suggested the use of stacked tiles to give the
roof some dimension, and agreed with Council Member Henderson that solar
panels are an option. He voiced support for accommodating the request by
American Medical Response (AMR) as long as it does not affect the
functionality of the site; and stated it is not necessary to obtain LEED
certification at this point because of the cost, as long as it is a highly energy
efficient project.
Mayor Adolph noted use of a Mansard roof would work for solar panels. Mr.
Holtan stated they are proposing covered secured parking for the firefighters,
and the roofs for the vehicular and equipment parking for the corporate yard
would be in a slope design with stacked tiles.
Council Member Henderson conveyed agreement with not pursuing LEED
certification; and stated the temporary facility used to accommodate AMR
should be pleasing to the site. Building & Safety Director Hartung explained
AMR has indicated they will utilize a trailer similarly used for office space.
Council Member Henderson stated she needs something more definitive from
AMR before she can approve a temporary structure.
Council Member Franklin stated she also support Scheme B, but is not
pleased with the design of the tower. Mr. Holtan stated this is not the first
design of the tower, and there will be several options to implement as the
project progresses.
Council Member Sniff conveyed support for Scheme B, no LEED certification,
and stated he likes the tower design. Mr. Holtan stated the facility will be
designed to LEED requirements, but without pursuing the certification.
Mayor Adolph stated he likes the contemporary design, but Scheme B is
more appropriate for the community; and he agrees the design of the tower
needs improvement.
City Council Minutes 18 December 2, 2008
DEPARTMENT REPORTS
Barbara Bowie, Desert Zone Manager for the Riverside County Library System,
presented the library report, and gave an update on proposed programs. Council
Member Henderson suggested the library staff communicate with the Chamber of
Commerce to promote events throughout the community.
Council recessed to and until 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT — None
PRESENTATIONS — None
PUBLIC HEARINGS
1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
REGARDING TENTATIVE MAP 36058-4 (RA 2008-005), A REVERSION TO
ACREAGE TO CONSOLIDATE PARCEL MAP 34855. APPLICANT:
STANTEC CONSULTING, INC., FOR STAMKO DEVELOPMENT COMPANY.
Principal Planner McKinney presented the staff report.
The Mayor declared the PUBLIC HEARING OPEN at 7:08 p.m.
Chris Clarke, 2205 N. Poinsettia, Manhattan Beach, congratulated newly
elected Council Member Franklin. She stated the request for reversion to
acreage is something she had not expected to do, and thanked staff for their
assistance.
There being no additional requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 7:09 p.m.
Council Member Henderson stated she feels the pain of the applicant, and is
hopeful times will change in her favor.
City Council Minutes 19 December 2, 2008
RESOLUTION NO. 2008-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING TENTATIVE MAP 36058-R, A REVERSION TO
ACREAGE TO CONSOLIDATE PARCEL MAP 34855.
It was moved by Council Members Sniff/Henderson to adopt Resolution No.
2008-078 as submitted. Motion carried unanimously.
REPORTS AND INFORMATIONAL ITEMS
Chamber of Commerce Workshop/Information Exchange Committee - Council
Member Henderson reported the second monthly meeting was held, and there is
one more meeting left for the year. She spoke about events in the City, and stated
the Chamber is interested in receiving a schedule of activities to promote local
businesses; discussed new businesses including The Soup Plantation; stated the
membership drive is very active; and stated the Chamber staff will be meeting with
Community Services Director Hylton to discuss the BizNet Expo.
League of California Cities - Council Member Henderson reported the Riverside
Division meeting was held two weeks ago, and stated Robin Lowe, City of Hemet,
was elected as Second Vice President of the League of California Cities Board;
stated the Board adopted four goals for the year; explained discussions surrounding
the legitimate right of the League being involved with the protection of
Redevelopment Agency funds; stated the League has forged a relationship with the
California Redevelopment Agency (CRA) and works closely with the League on
ballot measures; stated the CRA will be filing a law suit and the League will be
involved; stated the four goals include protect funding for vital community services,
tax increment and sales tax and local investments; explained capital improvement
projects that are shelf -ready will be funded first; further reported "sustainable
communities is the catch word of the day as cities are struggling to meet
mandated requirements, and addressed the need for reform of the Regional Housing
Needs Assessment; addressed the need for reform of the State's budget and fiscal
system; and stated there is a question on the need for a constitutional convention;
shared information about the CRA Board which is made up of staff and no elected
officials; stated she desires to be more involved with the CRA.
Council Member Kirk thanked Council Member Henderson for her influence and
involvement toward the League and being protective of redevelopment agency
funds during the past two years. He supports her efforts with the League, and
requested she continue to be in contact with the CRA.
City Council Minutes 20 December 2, 2008
Council Member Henderson stated she was appointed as Chairperson of the Budget
Committee; and will be looking forward to meeting with John Shirery.
Mayor Adolph questioned a statement made by the Governor at the League
meeting regarding redevelopment agency funds. Council Member Kirk stated he
felt the Governor side-stepped the issue, and indicated he was a great supporter of
the cities. Mayor Adolph stated he understood him to say that the State had taken
Redevelopment Agency funds, but would not do it again. Council Member
Henderson noted general fund monies and redevelopment agency funds were both
included initially when Proposition A was drafted, but the Governor would not sign
it until protection of the redevelopment agency funds was removed; a letter from
the Governor was then included in the ballot book that stated redevelopment
agency funds were not included because they are protected by the constitution.
She explained the taking of redevelopment agency funds is a triple flip to apply to
schools, and the cities will not be repaid; and stated there is discussion about
making it permanent and a five-year shift, which is why there is talk about pursuing
litigation.
Council Member Sniff stated he understands the Legislature called a special
meeting to deal with the $9 billion shortfall, and will take money from wherever it
is available. Council Member Henderson stated she believes if the State comes
after General Fund monies, they will come for big money with no intention of
paying it back.
CVAG Executive Committee - Mayor Adolph reported two lawsuits have been
resolved; the Board is dealing with issues of five interchanges, including Jefferson
Street, but will not be funded until 2011 and completed by 2014; conveyed
concern because of the rising costs of materials; received first half -year report
which depicts a comparison between TUMF and Measure A funds. City Manager
Genovese stated staff will be bringing a report to the City Council in late January or
early February 2009.
Council Member Henderson asked if the City is opening the concern of whether to
pay the difference of what has been paid and what has not been paid. City
Manager Genovese stated it is part of a lengthy discussion, and will be addressed
in the report prepared for the City Council at the beginning of the year.
SunLine Transit Agency - Mayor Adolph stated the Board will be meeting
tomorrow and he will be missing the closed session portion as he will be attending
the Holiday Open House at City Hall.
C.V.W.D. Joint Water Policy Committee - Mayor Adolph reported the tiered rate
system anticipated to take effect in May 2009, will give credit for water
conservation; stated there will be a form for questions regarding the billing amount;
City Council Minutes 21 December 2, 2008
and explained the bill will indicate whether or not the customer is conserving or
wasting water.
All other reports were noted and filed.
DEPARTMENT REPORTS — (See Page 18.)
MAYOR AND COUNCIL MEMBERS' ITEMS
Council Member Sniff requested the City Council's support in closing City Hall on
December 26, 2008, and January 2, 2009, to enable employees to have a four -day
weekend during the holidays.
Council Member Henderson questioned this being an appropriate time for paid days
off given the current economy. Council Member Sniff noted employees' salaries
are already budgeted. Council Member Henderson stated there probably will not be
much work done, and would like to hear from the other Council Members.
Council Member Kirk asked about potential cost savings in closing the facilities.
City Manager Genovese stated it is unknown if there would be any cost savings,
and would have to conduct some analysis. In response to Council Member Sniff,
Assistant City Manager -Management Services Plumlee explained vacation accruals
begin at 10 days and increase one day for each year of service, and employees
receive 12 paid holidays. He confirmed City Hall is closed one-half day on
Christmas Eve and one-half day on New Year's Eve.
Council Member Kirk agreed with Council Member Sniff that the amount paid to
employees is already budgeted, but conveyed concern about giving an added
benefit during the current economic situation.
Council Member Franklin expressed concern about setting precedence for future
years.
Mayor Adolph noted the Council has been doing this for years, and the precedent
has already been set.
Council Member Henderson stated she has seen progressive years during her
service and the City is in a strong financial condition, but there is a need to be
more prudent during this time. Council Member Sniff noted the amount has already
been budgeted. Council Member Kirk noted some employees use vacation time to
City Council Minutes 22 December 2, 2008
take time off during the holidays, which reduces the liability on our books, and if
the time off is not granted, the City will pay for it in the future.
Council Member Sniff expressed high regard for the employees.
Council Member Henderson agreed with Council Member Sniff that the City has a
nice, decent, hard-working staff.
Council Member Franklin asked if this is the City Council's decision or just a
discussion. City Manager Genovese explained staff would need to meet and confer
with the Employee Association for concurrence then bring it back to City Council
for approval.
In response to Council Member Kirk, City Manager Genovese stated staff currently
receives a half -day off for Christmas Eve and New Year's Eve as part of the
Memorandum of Understanding.
Council Member Henderson stated it would be easy to approve the time off and the
City can afford it, but there are times to review funds especially in the current
economy; and at some point we must tighten the purse strings.
Mayor Adolph conveyed agreement with the statements made by Council Member
Sniff; stated the City has done well financially, and there is no additional cost;
stated it is a good thing to show appreciation for the employees by giving the time
off, and questioned how much of the public will be coming in to conduct business.
The City Council concurred to direct staff to meet and confer with the Employees
Association, and bring this matter back at the next meeting.
Mayor Adolph stated he has learned that the courses will be closed to golf carts at
the SilverRock Resort, and questioned what effect it will have on the amount of
rounds played.
Council Member Henderson explained the memo regarding items of interests stated
the closure applied to the grass area only in preparation for the Bob Hope Chrysler
Classic event.
City Manager Genovese stated staff will report back on this matter.
City Council Minutes 23 December 2, 2008
Mayor Adolph addressed the flooding on Jefferson Street at Avenue 52, and
questioned when the drainage will be tied into the SilverRock Resort. Public Works
Director Jonasson explained the drainage improvement is proposed in Phase II of
the SilverRock Resort project, and stated staff is able to move the project forward
as a capital improvement project at the City Council's discretion.
Council Member Henderson suggested purchasing another pump dedicated to the
SilverRock Resort area. City Manager Genovese stated funding is available to
purchase a pump, and requested the City Council allow staff to review the second
phase of SilverRock Resort regarding drainage improvements.
Council recessed to the Redevelopment Agency meeting and to Closed Session as
delineated on Page 1.
The City Council meeting was reconvened with no decisions being made in Closed
Session which require reporting pursuant to Government Code Section 54957.1
(Brown Act).
ADJOURNMENT
There being no further business, Mayor Adolph adjourn the meeting. Motion
carried upon consensus.
su
VERONICA J *ONTECINO, City Clerk
City of La Qumta, California