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2009 02 03 CC MinutesLA QUINTA CITY COUNCIL MINUTES FEBRUARY 3, 2009 The 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 Franklin, Henderson, Kirk, 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. 400 P.M_ Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Walter Webb, 112 Mt. Arart, Cathedral City, encouraged the City Council to research the Phoenix Project, which is a project about turning municipal waste into energy. • r • r • • • • • • x Stan Ford, 45-305 Oasis Street, Indio, General Manager of Desert Recreation District, thanked the City for co-sponsoring the Greater Coachella Valley Soap Box Derby event, and referenced two musical concerts to be held in La Quinta on February 28 and March 7, 2009. CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None City Council Minutes 2 February 3, 2009 PRESENTATIONS Queen Scheherazade, Princess Jasmine, and Princess Dunyazade invited everyone to attend the Riverside County Fair and National Date Festival on February 13-22, 2009. WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of January 20, 2009, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 3, 2009. 2. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32225, SANTERRA, G5 ENTERPRISES, INC. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ATTEND THE CITIES, COUNTIES, AND SCHOOLS PARTNERSHIP FISCAL REFORM TASK FORCE MEETING TO BE HELD IN SACRAMENTO, CALIFORNIA, FEBRUARY 11, 2009. 4. ACCEPTANCE OF AVENUE 58 PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-186, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 1. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 34243, PASATIEMPO, MADISON 58T" LA QUINTA, LLC. (RESOLUTION NO. 2009-009) 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 34243, PASATIEMPO, MADISON 58T" LA QUINTA, LLC. (RESOLUTION NO. 2009-010) 7. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD ON MARCH 28, 2009, ON AVENIDA BERMUDAS. (RESOLUTION NO. 2009-010) City Council Minutes 3 February 3, 2009 8. ACCEPTANCE OF CITYWIDE SAFETY IMPROVEMENTS, PROJECT NO. 2006-16. 9. AUTHORIZATION OF OVERNIGHT TRAVEL FOR FOUR MEMBERS OF THE PLANNING COMMISSION AND THE PLANNING DIRECTOR TO ATTEND THE 2009 PLANNERS INSTITUTE AND MINI EXPO IN ANAHEIM, CALIFORNIA, MARCH 25-27, 2009. 10. APPROVAL OF THE APPOINTMENT OF COUNCIL MEMBER FRANKLIN AS THE CITY REPRESENTATIVE AND COUNCIL MEMBER HENDERSON AS THE ALTERNATE TO THE ANIMAL CAMPUS COMMISSION. MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended with Item Nos. 5-7 being approved by RESOLUTION NOS. 2009-009 through 2009-011 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF 3RD QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. Community Services Director Hylton presented the staff report. Janelle Leslie, 50-440 Spyglass Hill Drive, representing ATHA, encouraged the City Council to approve their grant request. She stated the funding would be used to purchase materials for their beginner classes. Council Member Kirk expressed appreciation for the Ad-Hoc committee's recommendations, but questioned why funds would be given to LifeStream Foundation to provide scholarships to La Quinta High School students instead of making it a City scholarship. Council Member Henderson explained it is a complex scholarship program that encompasses more than the City. She suggested adding language that includes the City's name in presentation of the scholarship. Council Member Kirk concurred with acknowledged when the scholarship other City representative be present possible. adding a condition that the City be s presented, and that the Mayor or when the scholarship is awarded if City Council Minutes 4 February 3, 2009 Lisa Sander, representing LifeStream Foundation, agreed with identifying the City with the scholarship and focusing it for a student at La Quinta High School. Council Member Franklin explained the committee was impressed with LifeStream's efforts to interact with La Quinta High School students, and noted there is criteria for receiving the scholarship. Council Member Sniff asked about the rational for not funding ATHA. Council Member Henderson explained the program is offered at the Senior Center for an application fee, and programs at the Senior Center have never come before Council for funding. She stated the Committee did not want to open a door that might encourage others to apply. MOTION - It was moved by Council Members Kirk/Henderson to approve the following Community Services Grant Requests: Family YMCA of the Desert, 55,000; Family Services of the Desert, S2,000; LifeStream Foundation, 52,000 (adding a condition that requires the City to be acknowledged when the scholarship is awarded, including presentation by the Mayor or other City representativel; and La Quinta Longhorns, 51,000. Motion carried unanimously. 2. CONSIDERATION OF APPROVAL OF A QUESTIONNAIRE AND TIMELINE TO CONDUCT A SURVEY OF THE COVE AND SELECTED COMMUNITIES. Assistant City Manager-Management Services Plumlee presented the staff report, and advised the amount in Option 1 for the third question in the survey that is related to installation of street lights should be changed to S 1,000. Council Member Henderson requested the correct amount be referenced on the City's web page. Council Member Sniff suggested tabling the undergrounding of utilities portion of the survey due to the cost and the present economy. In response to Council Member Franklin, Assistant City Manager- Management Services Plumlee explained Option 2 for the third question will be eliminated due to the minimal amount to amortize. Council Member Kirk suggested the entire survey be tabled until the fall. City Council Minutes 5 February 3, 2009 Council Member Henderson agreed with tabling the entire survey for six months, and noted the lighting issue might be solved when the new street signs are installed. Joan Rebich, 53-810 Avenida Cortez, asked if the undergrounding would include phone and cable lines, and if redevelopment funds could be used. Mayor Adolph confirmed the phone and cable lines would also be undergrounded, and that the City uses redevelopment funds whenever possible. He noted the State recently took 54.9 million in redevelopment funds from the City. Ms. Rebich commented that people on fixed incomes might find it difficult to afford the improvements. Council Member Henderson noted residents would have an opportunity to vote on the issue before the City moves forward with it. Jeff Smith, 54-631 Avenida Alvarado, suggested if the survey does move forward that the questions lead off with the costs. Mishael Patten 54-290 Avenida Martinez, spoke in support of no changes being made to the Cove Oasis parking lot, and suggested adding a "no opinion" option to the question. She feels the questions are biased toward an assumption that improvements are needed. She also announced a "clean- up" day will be held at the top of the Cove on April 18`". Council Member Henderson stated many people have requested the improvements listed in the survey, which is why the questions are there. MOTION - It was moved by Council Members Sniff/Henderson to table the matter of a questionnaire and timeline to conduct a survey of the Cove and selected communities. Motion carried unanimously. 3. CONSIDERATION OF MARKETING REQUESTS IN CONJUNCTION WITH THE COMMUNITY SERVICES GRANT PROCESS. Economic Development Project Manager Casillas presented the staff report. In response to Council Member Henderson, Economic Development Project Manager Casillas confirmed some marketing requests are over the 55,000 limit. Council Member Henderson noted the Marketing Committee may feel a 5200,000 marketing request is worth 51 million in marketing; and she does not want to stop the expertise of the Marketing Committee from reviewing a request because it exceeds a set limit. City Council Minutes 6 February 3, 2009 Economic Development Project Manager Casillas stated the Committee has enough expertise to place values on various publications and include it in their analysis. Council Member Sniff stated he does not support having a predetermined limit on marketing requests, and asked when the Committee was formed. Economic Development Project Manager Casillas stated the Committee began in 2000. Council Member Sniff suggested adding a few more members to the Committee to provide a more diverse representation since the base has changed, and asked that staff could come back with recommendations. In response to Council Member Franklin, Economic Development Project Manager Casillas stated she understands the Committee was formed with the intent of being an informational sharing group; and stated the Committee discusses marketing strategies and does not expend funds. Mayor Adolph stated he is hesitant to make any unnecessary changes to a program that is working well. He agrees with Council Member Henderson's suggestion about the cost factor, and with receiving a recommendation from the Marketing Committee on the marketing requests. Economic Development Project Manager Casillas stated the Committee is recommending that marketing request applications submit a plan that would be weighed by the Committee. Council Member Kirk stated he generally supports the staff recommendation. He noted the current funding limit of $5,000 is for smaller grants, and suggested adding another tier of requirements, such as a more-detailed marketing plan, for marketing requests over $5,000. He supported the Marketing Committee doing a value assessment for the higher amount requests. Council Member Henderson voiced concern that marketing requests for $5,000 and under could quickly expend the available funds, but noted they will go through a review process. She likes having a tighter scrutiny for requests over $5,000, and perhaps we can see if there is a problem with the number of marketing requests under $5,000. Council Member Sniff asked if there is support for adding three additional members to the Marketing Committee. Council Members Kirk and Henderson concurred. City Council Minutes 7 February 3, 2009 Mayor Adolph stated staff can come back with recommendations on who to add to the Committee. Council Member Sniff stated it should be advertised to solicit interested people, and spoke in support of including atwo-tier system. City Manager Genovese noted grants do not have contractual agreements, and higher amounts would require an agreement. He suggested a dollar amount be included in the motion to differentiate between a grant and a contractual relationship where issues such as goals have to be met. Council Member Henderson noted the Community Services Grant Fund Account is limited; and that marketing requests for higher amounts would be contracts for services and funded through a different source. Council concurred. MOTION - It was moved by Council Members Kirk/Sniff to approve changes to the Community Services Grants Guidelines and Application in relation to marketing requests submitted for funding consideration by the City of La Quinta; and direct staff to create atwo-tier system (requests 55,000 and under and requests greater than 55,000) and to bring back guidelines to Council for requests greater than 55,000 along with recommendations from staff and the Marketing Committee on expanding the committee. Motion carried unanimously. 4. CONSIDERATION OF AN ART PURCHASE AGREEMENT WITH S.C.R.A.P. FOR THE FOUR SEASONS PANEL PROJECT IN THE CHILDREN'S CLASSROOM AT THE LIBRARY. Community Services Director Hylton presented the staff report. Council Member Sniff requested the artwork design be brought back to Council for final approval. Beth Foley, City Librarian, stated there are four wall areas for the 3'X 5' panels to be placed in the children's classroom; and they will review a sketch of the designs before they are done. MOTION - It was moved by Council Members Henderson/Sniff to approve an Art Purchase Agreement with S.C.R.A.P. for the Four Seasons Panel Project to be placed in the Children's Classroom at the Library, and direct staff to bring back the design panels to Council for final approval. Motion carried unanimously. City Council Minutes 8 February 3, 2009 5. CONSIDERATION TO APPOINT AN EX OFFICIO MEMBER TO THE FAMILY YMCA OF THE DESERT BOARD OF DIRECTORS. Community Services Director Hylton presented the staff report. Council Member Henderson recommended appointing a staff member who would keep Council updated. Council Member Sniff suggested the City Manager be authorized to make the staff appointment. MOTION - It was moved by Council Members Henderson/Kirk to authorize the City Manager to appoint a staff member to represent the City as the Ex Officio member on the YMCA Board of Directors. Motion carried unanimously. 6. CONSIDERATION OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE. No verbal staff report was presented. MOTION - It was moved by Council Members Henderson/Sniff to appoint Mayor Adolph and Council Member Franklin to serve on the Civic Center Art Purchase Committee. Motion carried unanimously. STUDY SESSION 1. DISCUSSION REGARDING THE CODE COMPLIANCE PROGRAM. Building & Safety Director Hartung presented the staff report that included before and after pictures of homes with landscaping code violations. Council Member Kirk referenced the photo showing a typical street view on trash collection day, and asked if photos are available for the day after when trash cans are supposed to be put away. Building & Safety Director Hartung responded that the photos focus on individual lots. Community Safety Manager Conrad presented an overview of the notification and follow-through process used for code violation cases as referenced in the staff report. She noted residents are generally given 45-60 days to make the corrections before a citation is issued, and 70-90 days City Council Minutes 9 February 3, 2009 before the matter is submitted to the City Attorney for review; and added extensions are provided upon request if extenuating circumstances exist. She stated a total of 3,143 code compliance cases were initiated in 2008 and 36 were filed with the City Attorney's Office; and of those 90% were settled prior to reaching the courtroom. Council Member Franklin inquired about the appeal process for shut-ins that have a code violation such as ground cover. Building & Safety Director Hartung stated the case can be appealed to a third-party appeal officer if a citation has been issued; the appeal officer will receive any evidence presented and make a decision as to whether or not a violation exists. In response to Council Member Franklin, Community Safety Manager Conrad stated Code Enforcement Officers photograph the front elevation of the property and each individual violation identified in the front yard. In response to Council Member Kirk, Community Safety Manager Conrad stated citations are processed through Revenue Experts; if a hearing process is initiated, the City mails the hearing notice, and the vendor used by the City hires a disinterested person to serve as the hearing officer. She stated about 40 appeals were filed in 2008 with approximately 1 out of 10 appeals ending in the resident's favor. Council Member Kirk asked why athird-party vendor that uses another third- party person is used for the appeal process. Building & Safety Director Hartung explained the hearing officer is usually a retired individual, and since the appeal process is used only about four times a year, it is more efficient to utilize the third party person. Assistant City Attorney Duzman outlined three remedies allowed by California law and the Municipal Code to enforce City codes. He stated the administrative remedy, which is the administration citation and notice process, allows the City to get a warrant to enter the property and abate the violation; this has been done on occasion but is not the general policy because many of the violations involve landscaping which is very subjective. He stated civil remedies involve more attorney work than criminal cases, and are difficult to get into court because of the backlog of cases. He stated the City has used the criminal remedy for the past four to five years due to cost efficiency in scheduling more hearings on one court date and it is more flexible from an enforcement perspective; it is also very effective with 90% of the cases being resolved with a dismissal and full compliance, whereas City Council Minutes 10 February 3, 2009 civil cases take much longer and cost the City more money due to formal pleadings that have to be submitted to reach a point of resolution. Council Member Henderson stated she understands the criminal process is better for the City, but asked which process is more difficult or expensive for the person receiving the citation. Assistant City Attorney Duzman stated if they do not have an attorney, a public defender would be appointed by the court; and we generally deal with the public defender in the hallway of the courts to come up with a reasonable timetable for compliance. He added public defenders are on the City's side many times because they understand the law and can explain the codes to the defendant; and there is no public defender system in the civil process, and the defendant would have to represent themselves or retain a private attorney. Council Member Sniff asked when the City Attorney's Office received direction from the City Council to proceed with the criminal process in these matters. Assistant City Attorney Duzman stated he did not know, but it has been done since he began with the City five or six years ago. City Attorney Jenson advised the City Code provides for criminal enforcement, as well as civil. She stated she does not recall the City Council taking an action to give direction to use the criminal process, but it has always been handled that way and the City Code provides for it. Council Member Sniff asked how much time a Code Enforcement Officer spends in training and who conducts the training. Community Safety Manager Conrad stated all but one of the current Code Enforcement Officers went through training with Southern California Code Enforcement Officers (SCCEO-; the training was previously done through 16 full-day seminar classes, and is now done through three one-week programs for beginning, intermediate, and advanced certification. She stated the officers also network with other code enforcement groups in the Valley, and confirmed all of the officers have certificates from at least one of these avenues of training. Council Member Sniff referenced a statement on Page 4 of the staff report that states many violations are in nature subjective, and questioned how uniform enforcement can be done by subjective decisions of Code Enforcement Officers. City Council Minutes 11 February 3, 2009 Assistant City Attorney Duzman explained the reference is in regard to a landscaping violation, and what one person may like as opposed to another. Building & Safety Director Hartung stated the City tries to be objective and cannot be subjective, which is why the City does not do landscaping on the properties. Council Member Sniff commented on the significant number of violation notices issued in 2008; and asked if a majority of the them were for the Cove area and what they were for. Building & Safety Director Hartung stated he does not have that information at this time, but may be able to generate it through the software; and each violation notice is considered one case with many being solved with one warning. He stated 80% of the cases were probably from the Cove area; and there were 2,582 cases in 2007 and 2,475 cases in 2006. He also confirmed that all eight Code Enforcement Officers are needed and have assigned areas; and they are all City employees. In response to Mayor Adolph, Building & Safety Director Hartung stated none of the cases are for animal control issues. Council Member Henderson stated she recalls Council encouraging staff to add more Code Enforcement Officers about three years ago because of the number of requests for the City to do more code enforcement. Building & Safety Director Hartung confirmed two officers were added three years ago and one was added at the last fiscal year. He also confirmed the appeal process was adopted about 10 years ago. Council Member Henderson asked the City Clerk's office to research any previous discussions by the City Council on criminal versus civil actions regarding code enforcement. Council Member Kirk stated he would also like to know when a decision was made to use the criminal process. He asked if it was the City Attorney's Office, along with staff's involvement, that has taken the initiative to initiate the criminal process, to which City Attorney Jenson responded, "Yes." He further inquired as to how the City's number of code enforcement cases compare to other local cities. Community Safety Manager Conrad stated she does not have that information, but is in contact with the cities of Palm Springs and Palm Desert and they basically enforce the same issues. In response to Council Member Kirk, Building & Safety Director Hartung confirmed conditions have improved significantly in the Cove area. City Council Minutes 12 February 3, 2009 City Attorney Jenson advised Section 2.16.0301D) of the Municipal Code states that one of the list of duties of the City Attorney is to prosecute, on behalf of the people, cases for violation of City ordinances. Assistant City Attorney Duzman stated the intent is not to prosecute but rather to seek voluntary compliance. He added it is routine to give up to six months to bring these matters into compliance for full dismissal. Thomas Mennig, 51-815 Avenida Madero, noted people choose to live in gated communities with professional landscaping and a lot of rules or in more simple places like the Cove. He stated he recently paid a $100 fine for not having landscaping in front of his wall and received another notice on his gate today that he has not yet read. He stated he is the primary caregiver for his 90-year old father, and both time and money are tight. He has placed boulders in the landscape area along with trees and shrubs, but now understands all of the ground has to be covered as well. Building & Safety Director Hartung stated the ground cover would have been sufficient, and the trees and boulders were not required. Mr. Mennig further stated he also has alegally-registered, motorcycle trailer in his driveway that he folds up to be less conspicuous and intrusive, but was told by Code Enforcement that it has to be down so they can see what it is; and he views that as a case of subjective judgment. Mark Moran, 53-545 Avenida Cortez, commented on code enforcement being a vital part of the City's ability to get people to comply, especially to health and safety issues, and criminal courts being important to address criminal activity. He feels Code Enforcement is more punitive than compassionate, and does not seem to be able to work anything out with citizens other than follow-up and do their job. He is not asking for Code Enforcement to be changed but rather to be modified, and thanked Mr. Hartung for inviting him to be a social worker again to help older citizens comply with code enforcement regulations. He noted many residents are over 75 years old and need assistance because they are without resources and living on fixed incomes. He suggested some type of fund be created to help low-income and seniors on fixed incomes to get the ground cover they need or to make repairs that are a health and safety risk. He stated the City may need to help these people without threatening to throw them out of their house because of a lien on the property to make the improvements; and there needs to be some distinction between cosmetic and health and safety risks. He supports having a hearing officer, but feels Council should establish a committee of local citizens who have the experience to review these cases and determine what is cosmetic and what is a health and safety risk. He suggested having an outreach worker position in the City, perhaps one of the eight Code Enforcement Officers, that has asocial services City Council Minutes 13 February 3, 2009 background to help the aging deal with these issues. He noted many of them are scared because they have never received this type of citation and do not know how to handle it. He encouraged the City to use the criminal process to address real safety issues such as gang and drug activity. Mayor Adolph referenced a situation last year where the Rotary Club tried to help a bedridden lady address some landscape code violations on her property, and her son refused to let them on the property to help. Andrea Dooley, 54-700 Avenida Obregon, thanked staff for their continued diligence in code enforcement. She stated it is unfortunate that Code Enforcement Officers are being made the scapegoat when residents need only to obey the law. Kay Wolff, 77-227 Calle Ensenada, encouraged the City Council to stand firm and not move backwards on this issue; and noted code enforcement was a major reason for incorporation. She stated cosmetic issues are very important, and the Neighborhood Cove Association has asked to be told when people need assistance in making their corrections. Andy Teasley, 79-945 Westward Ho Drive, described his experience with code enforcement as "painful," and stated he feels they are capricious and arbitrary. He stated he received a citation for not having the registration sticker on his truck, which was parked backward in the driveway; that means the Code Enforcement Officer had to walk around to the back of the truck to see that the sticker was missing. He stated he was also cited for having a decorative picket fence, and was told he could replace it with a block wall or gothic wrought-iron fencing, which do not go with his ranch- style house. He stated when he went in to the Building & Safety Department, staff confirmed that he could install lattice without obtaining a permit, but the Code Enforcement Officer overheard and said he could not do it. He stated the appeal notice was mailed from Orange County with 10 calendar days to receive the notice, write a response, and get it back in the mail along with the full fine amount. He received a letter back from Orange County indicating that he lost, and never met with an appeal officer. He agrees with the need for code enforcement, but some of it is subjective. He was also told that he had to remove a wooden sculpture from his front yard because the officer did not like it. He stated he paid 55,000 for an attorney to fight the code enforcement issues through the criminal system in order to be heard by an impartial party; when he got to court Mr. Duzman informed his attorney that they would be seeking 528,000 in legal fees if the City won the case. He then agreed to remove the picket fence because he could not afford to pay 528,000; and currently owes 52,500 in fees, which he City Council Minutes 14 February 3, 2009 cannot afford, so a lien has been placed on his property. He noted all of this because he dared to put up a•picket fence. Kenneth Doran, 45-945 La Flor Lane, stated he received a lot of calls regarding this issue when he ran for mayor. He recalled one situation wherein a man had to pay S5,000 to move his air-conditioning unit because Code Enforcement said it was in the wrong place, even though it was there when he bought the home; he stated that was not right. He suggested the possibility of using some of the 20% set aside for housing redevelopment funds to help low and moderate-income families make these repairs. Council Member Sniff stated it seems we might occasionally have some over-zealous code enforcement, and it may not be completely uniform by all officers. He suggested officers receive sensitivity training, and try to be more supportive in helping residents correct the violations. He further suggested having a citizen committee review the citations instead of an outside agency, which would perhaps make it easier for those cited to accept the verdict. He questioned the need for eight Code Enforcement Officers as well as the enormity of the citations issued in 2008; and stated he would like to see more sensitivity and the citizen become more a part of the process instead of a victim. Council Member Franklin concurred with the sensitivity issues. She suggested forming a public safety commission to have that commission address the appeal process. She stated she is sensitive to the needs of older people, and feels more awareness about the appeal process and the use of a public safety commission would help bridge the gap. She expressed appreciation for the City Attorney's reference to the code section but stated the City Council still needs to know about it. Council Member Kirk stated the credit for improvements in the Cove over the last 5 to 15 years is due to the City Council's policies on code enforcement and to staff for implementing those policies; the City Council is also the ultimate blame for any lack of sensitivity, over-enforcement of codes, or criminal prosecution; and the City Council needs to be clear to staff on what is, and is not, to be tolerated. He stated he needs more detail about what a public safety commission would do before he could support establishing one. He stated he was surprised how the appeal process works or does not work, and feels the current process suggests indifference by the City. He feels the process should be.done "face-to-face" and not "letter-to-letter," and that the decision should be heard in person. He suggested the process be scrutinized to use a citizen advisory committee or ombudsman, or perhaps the appeal would come before the City Council. He suggested the City Council direct staff to come back with options related to the appeal process, including the City Council Minutes 15 February 3, 2009 cost and benefits of each, and to come back with a process that is fair and gives residents an opportunity to be heard in person. He has heard good things about Code Enforcement, but a common complaint is that Code Enforcement Officers stop to address an obvious aesthetic or public safety issue and one infraction leads to additional violations being cited with a sense that the officer is being vindictive when a dispute comes up. He stated the City Council should provide staff with direction for Code Enforcement Officers to do their job without having it result in a mission creep. He feels it will be a challenge for the City to consider a grant program in the present economy. He suggested a citywide program to address the ground cover issue whereby two colors of decomposed granite would be brought in by the City and dumped on properties for the residents to spread; the residents would pay for the materials and the City would provide the transportation. He noted decomposed granite is inexpensive to buy and maintain, but very expensive to transport. In regard to criminal versus civil versus administrative actions, he agrees it should be "kept in the toolbox," and use the criminal courts to enforce City policy when necessary. He stated he is not clear about aesthetic versus health and safety issues, and views an abandoned car as an aesthetic issue. He believes in community policing where issues such as picket fences are taken seriously; and noted aesthetics play into some criminal activity because dirty neighborhoods breed some degree of crime. He suggested holding off on the public safety commission at this time, exploring some type of citizen involvement in the appeal process, getting a better understanding of the appeal process, exploring a grant program for issues such as ground cover that the City can do cost effectively, and retaining the criminal process but having staff bring back options for Council determinations before the criminal process goes too far. Council Member Henderson spoke in support of having staff come back with options for Council to consider for an assistance fund program. She suggested the public safety commission concept come back as a study session item separate from this issue; and having a citizens committee review some of the ordinances that address minor issues such as ground cover and trash cans with the Council determining which would be tier one or tier two. She further suggested having a cover letter that is not written in legalese and that better explains the process. She stated the City Council should review the issues and feel comfortable with what they direct staff to do, and be clear in the direction that is given; and stated some of the issues should be reviewed either by the City Council or by a citizen review committee that makes a recommendation to the City Council. She stated a consultant should be brought in to do sensitivity training if it has not already been done. She also feels the timelines should be clearly explained in the City Council Minutes 16 February 3, 2009 letter that is sent to the property owner, and asked if there is any flexibility in the timelines. City Attorney Jenson advised the timelines are a policy issue and not in the City Code; and stated deadlines are set by the court when it reaches the court system. Council Member Henderson noted 10 days may not be enough time for residents to respond to the hearing notice, especially if a fine has to be included. Building & Safety Director Hartung stated residents have 15 days to appeal, and waiver forms are available if they cannot afford to pay the fine; and stated the ability to apply for a waiver is not included in the letter. Council Member Henderson stated she feels that should be included in the letter, and the letter should communicate in an understandable fashion. She supports staying with the present system, but wants to look at a two-tier system to settle more cases without going to court. She asked if notices are sent in advance of doing a project area. Building & Safety Director Hartung indicated that letters are not sent, and stated staff can work on that. Council Member Henderson stated residents might go ahead and do what they have been putting off doing if they are given notice ahead of time that their area is going to be looked at. She then read a letter from Ms. Patricia Gammino that complimented Code Enforcement Officer Wayne Campbell for being firm but fair. Council Member Henderson stated the City needs more officers like him. Mayor Adolph stated code enforcement is mandatory and vital to the City. He has received appeals from residents and does not recall any that he and Building & Safety Director Hartung have not been able to meet with the residents and resolve. He feels it is non-productive to take these issues into court. He feels Code Enforcement has done a good job enforcing the codes that have been established, but noted no one likes being told what they can or cannot do with their own property. He stated staff can come back with options for getting the end results the City Council wants and with ways to address the financial aspect. Council Member Kirk asked what would be brought back and when. City Manager Genovese summarized Council's direction to staff as follows: staff is directed to define the sensitivity training that has been provided to Code Enforcement Officers; review the appeal process and who should hear the appeals; review the actual codes; review the notices and letters used in the process; research a limited grant program; and review criminal versus civil options to bring back to Council. He stated he will provide Council an update on the timeframe for bringing this matter back for further discussion. City Council Minutes 17 February 3, 2009 Council Member Sniff suggested landscaping be encouraged that does not result in an excessive use of water. REPORTS AND INFORMATIONAL ITEMS Council Member Franklin reported on a seminar sponsored by the League of California Cities that she recently attended in Sacramento; it was very beneficial, and reinforced her feeling that what the City Council is doing is right. IID Energy Consumers' Advisory Committee -Council Member Franklin stated the Committee has recommended a 3% rate hike, and is continuing to review their bylaws. They also discussed a tariff modification, and the addition of a transformer to the Monroe Street substation. CVAG Homelessness Committee - Council Member Franklin reported the Committee wants to create a database for veterans so they can identify where to get meals and spend the night. She stated the difficult task of conducting a homeless count was attempted on January 28`". She further stated La Quinta, Indio, and Riverside County are the only local governments who have paid their annual 53,000 donation for the bus pass program. League of California Cities -Council Member Henderson referenced a report she had distributed to the City Council on four recommendations by the Ad-Hoc committee to the Revenue & Taxation Committee regarding the sales utility tax. She reported she has been appointed to a Cities, Counties, and Schools Partnership Fiscal Reform Task Force that will be working on a full constitutional amendment to address fiscal solutions if any exist. Riverside County Transportation Commission (RCTC) -Council Member Henderson reported the Commission will be discussing the Federal budget and the stimulus proposal at a workshop on February 5`" and 6`". CVAG Executive Committee -Mayor Adolph stated the Committee approved the appointment of Larry Parish as Interim Director at their last meeting; they also approved the new jail, but not in a specific location, and denied the transmission lines in Desert Hot Springs. He stated RCTC spoke at their meeting and indicated SunLine will probably receive 10% less this year than last year. r• x x• r w• e a r w r All other reports were noted and filed. City Council Minutes 18 February 3, 2009 DEPARTMENT REPORTS 7-A. UPDATE TO SITE DEVELOPMENT PERMIT APPLICATION. Planning Director Johnson explained the main goal is to provide more information to developers in order to receive more complete applications. In response to Council Member Henderson, Planning Director Johnson stated staff did not receive comments from the Building Industry Association (BIA), but will contact them. Council Member Henderson noted input can maybe be received during the City Council's luncheon with the BIA. In response to Mayor Adolph, Planning Director Johnson confirmed he attended the Coachella Valley Water District (CVWD) Joint Water Policy Advisory Committee, and will provide a report back to Council. MAYOR AND COUNCIL MEMBERS' ITEMS -None PUBLIC HEARINGS -None ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, PHYLLIS MANLEY, Deputy City Clerk City of La Quinta, California