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2009 04 21 CC MinutesLA QUINTA CITY COUNCIL MINUTES APRIL 21, 2009 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION 1. Conference with labor negotiators, Ski Harrison and 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 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 certain property located at the southeast corner of Monroe Street and Avenue 53 (APNs: 767-230-001, -002, and -003). Property Owner/Negotiator: RHKIDS, LLC, Ron Hakakian. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. 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 Actl. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT -None CONFIRMATION OF AGENDA Council Member Sniff requested Consent Item No. 18 be taken up separately. City Council Minutes 2 April 21, 2009 ANNOUNCEMENTS -None PRESENTATIONS Mayor Adolph presented a proclamation to Indio Police Captain Mark Miller, representing the Riverside County Department of Mental Health, in honor of May being declared "Mental Health Month." WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of April 7, 2009, as submitted. Motion carried by a vote of 4-0-1 with Council Member Franklin abstaining. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED APRIL 21, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED FEBRUARY 28, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED FEBRUARY 28, 2009, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING MARCH 31, 2009. 4. APPROVAL OF AN AGREEMENT WITH SUNLINE TRANSIT AGENCY TO SELL PASSES AT CITY HALL. 5. APPROVAL OF AN APPROPRIATION FROM THE QUIMBY FUND FOR A REFUND OF FEES TO AMERICAN LAND LIQUIDATORS, INC. FOR TRACT MAP 33717. 6. APPROVAL OF AN UPDATED HOUSING RELOCATION PLAN FOR CERTAIN REAL PROPERTY LOCATED AT 46-730 DUNE PALMS ROAD. City Council Minutes 3 April 21, 2009 7. APPROVAL OF AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COACHELLA VALLEY WATER DISTRICT (CVWD) FOR THE ABANDONMENT, REPLACEMENT, AND RELOCATION OF THE 6" WATER PIPELINE WITHIN THE VILLAS OF LA QUINTA, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 1 WITH PARSAM CONSTRUCTION, INC. TO CONSTRUCT THE CVWD WELL SITE WALL ON AVENUE 50. 8. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32279, MIRAGE AT LA QUINTA, STANDARD PACIFIC COACHELLA VALLEY. 9. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E1, AND AUTHORIZATION TO ADVERTISE FOR BID THE VILLAGE WAYFINDING SIGN PROGRAM, PROJECT NO. 2007-04. 10. ADOPTION OF A RESOLUTION APPROVING AMENDMENTS TO THE JOINT POWERS AGREEMENT OF THE PALM SPRINGS DESERT RESORTS COMMUNITIES CONVENTION AND VISITORS AUTHORITY. (RESOLUTION NO. 2009-029) 11. ADOPTION OF CITY OF LA QUINTA 2009/2010 ECONOMIC DEVELOPMENT PLAN. 12. ADOPTION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2009/2010, AND ADOPTION OF A RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND GIVING NOTICE THEREOF. (RESOLUTION NOS. 2009-030 AND 2009-031) 13. APPROVAL TO AWARD A CONTRACT TO 7ESERRA FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT, PROJECT NO. LMC 2008-13. 14. APPROVAL TO AWARD A CONTRACT TO YOUNG ELECTRICAL SIGN COMPANY FOR THE CITYWIDE LANDSCAPE LIGHTING MAINTENANCE CONTRACT, PROJECT NO. LMC 2008-14. 15. APPROVAL TO EXCUSE CHAIRMAN ED ALDERSON'S ABSENCE FROM THE MAY 12, 2009, PLANNING COMMISSION MEETING. 16. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR DESIGN OF SIDEWALKS WITHIN THE VILLAGE AREA. City Council Minutes 4 April 21, 2009 17. AUTHORIZATION OF OVERNIGHT TRAVEL FOR FOUR MEMBERS OF THE CITY COUNCIL TO ATTEND THE 2009 LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM IN SAN DIEGO, CALIFORNIA, MAY 27-29, 2009. 18. APPROVAL OF A CONTRACT WITH FURINOlGREENE CREATIVE FOR PROFESSIONAL MARKETING SERVICES. (see action below) MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and amended with the exception of Item No. 18 and with Item Nos. 10 and 12 being approved by RESOLUTION NOS. 2009-029 through 2009-031 respectively. Motion carried unanimously. Item No. 18 MOTION - It was moved by Council Members Henderson/Kirk to approve a contract with Furino/Greene Creative for Professional Marketing Services. Motion carried by a vote of 4-1 with Council Member Sniff dissenting. BUSINESS SESSION 1. CONSIDERATION OF THE SILVERROCK RESORT 2009/2010 ANNUAL PLAN. Golf & Park Landscape Manager Howlett presented the SilverRock Annual Plan as submitted by Landmark Golf Management LLC. In response to Council Member Henderson, Golf & Park Landscape Manager Howlett stated there have been no significant security issues at SilverRock, and confirmed he is satisfied with reducing the security services. General Manager and Golf Director Randy Duncan, representing Landmark Golf Management, explained current security includes two roving patrol officers with overlapping hours, and the proposed reduction includes adjusting patrol hours to before 2:00 a.m. Council Member Henderson spoke regarding missed opportunities in coordinating the marketing plan for SilverRock with the City's marketing plan, specifically advertisements on GPS systems in the golf carts. General Manager and Golf Director Duncan stated anyone wishing to utilize that advertisement tool may contact him directly, and explained the promotion of advertisements is targeted to the businesses community and Coachella Valley. City Council Minutes 5 April 21, 2009 In response to Council Member Kirk, General Manager and Golf Director Duncan explained the S54,000 for entry landscaping is for the area from Avenue 52 to the waterfall area. Golf & Park Landscape Manager Howlett explained the supplemental funding is allocated from the Lighting and Landscape Assessment District and appropriated to Landmark for maintaining the entry area. General Manager and Golf Director Duncan reviewed the funding for two full-time laborers as depicted on page 33 of the Annual Plan. Golf & Park Landscape Manager Howlett stated the entire landscape maintenance cost at SilverRock is a combination of funding sources. Council Member Kirk expressed interest in knowing if other cities, such as Palm Desert and Indian Wells, have one contract for marketing or if their golf course operators have a separate marketing budget. He conveyed support of staff's recommendation for security, but was surprised at the cost per officer. General Manager and Golf Director Duncan explained the cost includes vehicle and liability insurance costs. Council Member Kirk suggested the possibility of Landmark staff meeting with the Police Department to discuss other security alternatives, including the possibility of adding police patrol. Mayor Adolph asked if the entrance gates on Avenue 52 are closed, and General Manger and Golf Director Duncan responded the gates are closed at a specified time each day. Mayor Adolph expressed concern about access to SilverRock when more entrances are added. He asked if anything can be done to deter blowing sand from the bunkers during heavy wind storms. General Manager and Golf Director Duncan referenced a proposal to create berms near sand bunkers to deflect the wind. In response to Council Member Franklin, General Manager and Golf Director Duncan explained two types of sand are used in the bunkers; a heavier sand was used last summer, but it is more difficult for golfers to play out of the bunkers. Golf Course Superintendent Lopez explained the heavier sand is more costly because it is thicker. He further explained staff is not aggressively scalping the Bermuda grass but is treating it to make it dormant. General Manager and Golf Director Duncan explained SilverRock has a total of 110 turf acres, including 20 acres of non-playing areas which are not over-seeded and left dormant. Golf Course Superintendent Lopez stated staff is looking at cost savings by reducing over-seeding at the driving range. Council Member Franklin inquired about proposed personnel costs for the Bob Hope Chrysler Classic, and if projected revenues will be known sooner than June. General Manager and Golf Director Duncan stated the personnel costs are identical to last year's figures. He explained current revenues are down 1 1 % but they have saved 8% in expenses. City Council Minutes 6 April 21, 2009 In response to Council Member Sniff, General Manager and Golf Director Duncan explained the average golf play revenue is down S5 per round, and staff has been reacting to the economy by offering discounted play. He stated Desert Willow and Terra Lago are SilverRock's greatest competitors in the Valley. Council Member Sniff stated he has been supportive of this project from the beginning, but we may need to consider some changes. He noted the purpose of the project was to make available afirst-class golf course for residents and to establish a complete project with hotels to contribute to the City's long-term viability. He suggested the following strategy changes: provide an open market for other hotel proposals; renegotiate the Bob Hope Chrysler Classic agreement regarding the 5100,000 annual payment; get a report on the financial benefits of the 2009 Bob Hope Chrysler Classic; and potentially moth-ball the entire project until the economy improves, especially in the valley. He suggested discussing possible modifications and a course of action with staff. Council Member Kirk noted Council Member Franklin previously suggested utilizing the budget process to re-evaluate SilverRock, and stated he agrees with looking at creative ideas but does not want to move backward. He commented on the project providing a benefit by our golfers being able to enjoy playing golf at SilverRock, and stated it would be a mistake to moth- ball the project. He stated we need to look for ways to reduce on-going costs, and keep an open mind with the Bob Hope Chrysler Classic; stated sometimes it may be better to be more aggressive in down markets; and stated he is not opposed to agendizing this matter to discuss other options. Mayor Adolph commented on the City's revenues being down but still operating within the budget; and stated one of the necessities to the community is SilverRock. He agrees with discussing options for reducing operating costs at a future meeting; and commented on the need to have a City representative on the Bob Hope Chrysler Classic Board of Directors. Council Member Franklin inquired about the possibility of having a senior tour event at SilverRock. City Attorney Jenson stated there are no restrictions to holding another event at SilverRock. MOTION - It was moved by Council Members Kirk/Henderson to approve the SilverRock Resort Annual Plan submitted by Landmark Golf Management, LLC, as amended, including: removal of over-seeding costs; retaining restaurant staff during the summer; and reducing the budget for security personnel to one guard, contingent upon staff reviewing officer patrol with City Council Minutes 7 April 21, 2009 the Police Department; and directed staff to report back on cooperative marketing efforts. Council Member Sniff expressed concern about reducing security personnel to one position. Council Member Kirk noted the change will not be effective until July 1, 2009, and is contingent upon staff meeting with the Police Department. Council Member Franklin inquired about the cost to replace greens if vandalized. Golf Course Superintendent Lopez stated the cost to replace 10,000 square feet of turf is approximately 55,000 to 510,000. Council Member Franklin stated she agrees with Council Member Sniff's concern about reducing security, but is willing to defer based upon the contingency of staff meeting with the Police Department. In response to Council Member Henderson, General Manager and Golf Director Duncan stated SilverRock began with one security officer and it was later increased to two officers. Motion carried by a vote of 4-1, with Council Member Sniff dissenting. 2. CONSIDERATION OF A CONTRACT EXTENSION FOR TWO YEARS WITH HF&H CONSULTING, LLC FOR AB 939 SERVICES FOR FISCAL YEARS 2009/2010 AND 2010/2011. Assistant City Manager-Management Services Plumlee presented the staff report. In response to Council Member Henderson, Assistant City Manager- Management Services Plumlee explained Attachment 1 of the staff report depicts the entire services performed by HF&H, with specific services provided by City staff. He confirmed the entire program could be done in-house if pared down but would recommend keeping a retainer of 10% to 20%. Council Member Henderson noted a consultant could be utilized to handle specific requirements mandated by the State. In response to Council Member Kirk, Assistant City Manager-Management Services Plumlee stated he believes at least one other city in the Valley utilizes a consultant for similar services and that most of the others do not, but staff would have to verify that if needed. He confirmed some cities have trained staff while others obtain assistance through Burrtec or other City Council Minutes 8 April 21, 2009 recycling consultants; and that the combination of recycling services handled in-house or by consultants varies. Mike Veto, a representative from Burrtec, stated the City of Indian Wells employs a staff member from Burrtec for their AB 939 services, but Burrtec basically handles the other cities except Palm Springs and Desert Hot Springs. He stated Burrtec's current agreement with La Quinta requires Burrtec to pay 585,000 to the City for the City's consulting services. Assistant City Manager-Management Services Plumlee explained Burrtec currently pays 585,000 plus an annual CPI increase for recycling, consulting, and administrative services; and staff proposes continuing that charge with the amount used to pay for a combination of consulting services and staff time if done in-house. Gary Calhoun, 48-517 Via Amistad, stated his consulting and recycling firm is currently working with the cities of Palm Springs, Rancho Mirage, and Indio. He requested the City go out to competitive bid for these services. In response to Council Member Henderson, City Manager Genovese explained the reason for utilizing contracted services is for an unbiased position; and stated staff recommends retaining the consulting services, even if only for one year, to assist in the transition of bringing it in-house. Council Member Henderson expressed support for eventually ,bringing the service in-house, and encouraged staff to continue progress to comply with the 80% threshold. She stated she would support continuing the contract for one year. Council Member Sniff stated HF&H has done a good job, and he would support staff's recommendation for atwo-year contract. Council Member Sniff moved to authorize the City Manager to sign atwo- year contract extension with HF&H Consulting, LLC for AB 939 waste and recycling services for Fiscal Years 2009/2010 and 2010/2011 in an amount not to exceed 545,000 for each year. Motion failed due to lack of a second. MOTION - It was moved by Council Members Henderson/Kirk to authorize the City Manager to sign a one-year contract extension with HF&H Consulting, LLC for AB 939 waste and recycling services for Fiscal Years 2009/2010 in an amount not to exceed 545,000 for the year, and encouraged staff to make the transition to in-house support. Motion carried unanimously. City Council Minutes 9 April 21, 2009 STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS CVAG Transportation Committee -Council Member Kirk reported the Committee sent a recommendation to the Executive Committee to approve a re-designation of a project in Indio to re-utilize funding for a project on Golf Center Parkway. League of California Cities -Council Member Henderson distributed information addressed at last week's meeting, and reported the Board approved a resolution regarding changes in governance. She stated the Board is taking this approach to discuss changes suggested by local officials. Riverside County Transportation Commission -Council Member Henderson noted the Commission has voted the last three years to support projects for presentation in Washington D.C.; and she requested concurrence from the City Council regarding a letter with a list of projects for presentation to the Legislature. C.V. Conservation Commission -Council Member Sniff reported the Commission approved S5 million in land purchases for more than 20 projects. Energy Conservation Advisory Committee -Council Member Franklin stated staff attended the meeting on her behalf; and reported Imperial Irrigation District is preparing their preliminary budget and has applied for Federal Stimulus funds for the EI Centro plant. Jacqueline Cochran Regional Airport -Council Member Franklin reported the annual air show is scheduled for the first Saturday in November; and the City sponsorship has been reduced from 510,000 to 55,000. CVAG Homelessness Committee - Council Member Franklin reported the Transportation Committee is reviewing the drop-off stations; explained the County is reviewing amenities to help families stay together and obtain job information; and the County is requesting $6 million from the Recovery Investment Act, with $4 million going toward capital improvements. Human and Community Resources Committee -Council Member Franklin reported the Committee reviewed a report on why children do not walk to school. CVWD Joint Water Policy Committee -Mayor Adolph reported the Board was unable to make a final decision regarding the four-year increase in rates. He referred to a graph depicting the increase from 510 to S42 in the next four years to City Council Minutes 10 April 21, 2009 recoup funds, and stated the District should notify residents the reason for the increase. Council Member Sniff stated the graph is somewhat arbitrary as there are variables to the number in a family and the type of soil where the property is located. He stated the District could have been more equitable and agrees the District should publicize the increase. Council Member Sniff asked when the homeless shelter project will be presented to the City Council, to which City Manager Genovese responded it is scheduled for the May 5, 2009 agenda. Council Member Sniff expressed concern about providing a substantial amount of funding to a facility that is more than 27 miles away; and suggested the funds be utilized for a facility in or near La Quinta. Council Member Henderson asked if the report on the homeless shelter would include the information requested by the City Council. City Manager Genovese stated it is proposed to be presented as a stand-alone report. Council Member Henderson stated she would be very disappointed if the only thing brought before the City Council is whether or not the City is going to participate in this shelter because her decision will be based on whether or not the City has the option to support facilities in the east Valley. Council Member Franklin explained what will be coming forward is a request to provide funding of $103,000 per year for a period of ten years. City Manager Genovese clarified Martha's Village and the Coachella Valley Rescue Mission have both been included with the discussions at CVAG, and a request has been made many times to include the needs of both areas of the Valley. He stated Martha's Village and Coachella Valley Rescue Mission have discussed their expansion plans but that has continually been put by the wayside; he added the two organizations have not made a request to CVAG. Council Member Henderson noted there may come a point where the City must be the aggressor, and find out if there is an opportunity to do a joint effort, ensuring that we are participating in an overall joint problem. City Manager Genovese stated staff can contact Martha's Village and Coachella Valley Rescue Mission for an update on their expansion plans and include it in the staff report. He stated staff is unsure about the transferring of funds from the east to the west. ..»..».*.~x~ All other reports were noted and filed. City Council Minutes 11 April 21, 2009 DEPARTMENT REPORTS City Attorney Jenson referenced a memo previously distributed to City Council regarding an update on the Grand Jury investigation of Coachella Valley Mosquito and Vector Control District. She requested direction on whether the City Council would like to agendize this matter for discussion and possible re-appointment. Council Member Henderson stated there is no reason to respond to the report. The City Council concurred. City Attorney Jenson announced she will be attending a conference as a presenter on May 5, 2009, and that Assistant City Attorney John Ramirez will be attending the next City Council meeting on her behalf. Council Member Henderson invited staff and the Chamber of Commerce to attend the Riverside County Division of the League of California Cities General Meeting to be held at City Hall on May 11, 2009, beginning at 6:00 p.m. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Kirk recused himself from the following discussion due to a potential conflict of interest as this project is a client of his employer. Mayor Adolph stated he recently spoke at a Trilogy Homeowners Association meeting, and the residents continue to have concerns about the landscape maintenance fronting the Andalusia development, and the green screening on the perimeter fencing. He stated he explained to the residents that a commitment to install a wall is not there until the property is developed and that the developer has cleaned up the area. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 P.M. City Council Minutes 12 April 21, 2009 700 P_M_ PUBLIC COMMENT -None PRESENTATIONS -None PUBLIC HEARINGS 7. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP 36089 FOR SUBDIVISION OF 8.45 GROSS ACRES INTO TWO LOTS FOR CONDOMINIUM PURPOSES LOCATED AT THE SOUTHWEST CORNER OF MILES AVENUE AND SEELEY DRIVE. DOLPHIN LA QUINTA, LLC. Planning Director Johnson presented the staff report. Margo Tivo, of MMSA Consulting and representing Dolphin Partners, read a letter into the record regarding the applicant's concern about Condition No. 73; and registered an objection to paying the Fringed-Toed Lizard Mitigation Fee. In response to Mayor Adolph, Planning Director Johnson explained there has been discussion over the last several months about interpretation of the project area and what is exempt. He stated the condition states if the project is determined to be exempt, based on Chapter 3.34 of the Municipal Code, they would not have to pay the fee; and that will be addressed as the project goes through the process. In response to Council Member Henderson, Planning Director Johnson explained the ordinance that was approved by the City Council over a year ago was a boiler-plate ordinance provided by CVAG, and the exemption language is difficult to interpret. He confirmed staff will be coming back to the City Council in the future with a recommendation to clarify the language; and noted the condition on this project is a boiler-plate condition. City Attorney Jenson stated the City Council can add language to the condition stating "unless the City Council adopts a policy that exempts this project." City Council Minutes 13 April 21, 2009 In response to Mayor Adolph, Planning Director Johnson explained other cities in the Valley have been applying this condition stringently based on whether or not the applicant has an active grading permit. He confirmed a refund or credit process is available with the Coachella Valley Conservation Commission. In response to Council Member Henderson, City Attorney Jenson stated the current language is already implicit; and suggested additional language be added to the resolution stating "in accordance with Chapter 3.34 of the Municipal Code and any subsequent policy adopted by the City Council." The Mayor declared the PUBLIC HEARING OPEN at 7:16 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:16 p.m. RESOLUTION NO. 2009-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA Q.UINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF AN 8.451 ACRE PROPERTY INTO TWO PARCELS FOR CONDOMINIUM PURPOSES LOCATED WITHIN THE CENTRE POINTE SPECIFIC PLAN BETWEEN MILES AVENUE AND SEELEY DRIVE (TENTATIVE TRACT MAP 36089 - DOLPHIN LA QUINTA, LLC.1 It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2009-032 as amended. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2009/2010 THROUGH 2013/2014 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). Public Works Director Jonasson presented the staff report. In response to Council Member Henderson, Public Works Director Jonasson listed the landscaping for the Jefferson Street Parkway Improvements project as follows: installation of meandering sidewalks on both sides of the street; a 32-foot wide, drought-tolerant landscaping and asix-foot high wall on the west side; a 20-foot setback with a 12-foot wide area of landscaping and a wrought-iron fence on the east side; and landscaping on the south side of the Whitewater Storm Channel. City Council Minutes 14 April 21, 2009 Public Works Director Jonasson stated the project design is scheduled to be completed by late fall. He stated bids will go out in January or February 2010, and construction will begin after award of the contract. Council Member Henderson commented on how long the residents have waited for this project to be done and suggested moving faster with it. Public Works Director Jonasson stated the bid specs can be ready for implementation shortly after the 2009/2010 fiscal year begins. Mayor Adolph stated the palm trees in the Airport Drive median have been cleaned-up; and requested the installation of vertical landscaping contingent upon funding being available. Public Works Director Jonasson explained the challenge is providing irrigation in the area. The Mayor declared the PUBLIC HEARING OPEN at 7:31 p.m. Marilyn Paige, 80-071 Palm Circle Drive, addressed the landscape improvement area on Jefferson Street between Westward Ho and Highway 1 1 1; requested the entry to Westward Isle from Jefferson Street be reinstated; and suggested a sound wall, similar to the other side, be installed for visible continuity. Bob Cleveland, 80-155 Palm Circle Drive, thanked Council Member Henderson for requesting that the landscape improvements be expedited; stated the Westward Isle Homeowners Association has not been able to reinstate the entrance because of the delay of the landscape improvements. Barbara Vince, 79-950 Horseshoe Road, expressed appreciation for the Jefferson Street landscape improvements being scheduled. Rick Willis, 79-940 Horseshoe Road, agreed with expediting the project and stated the attenuation wall is most important to alleviate sound and dust from Highway 111. Joyce Sivley, 79-775 Westward Ho Drive, President of the Westward Ho Property Association, spoke regarding how long the residents have waited for the landscape project and the need for a sound wall; and encouraged the City Council to approve the project. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:43 p.m. City Council Minutes 15 April 21, 2009 Council Member Henderson inquired about when the drainage on Horseshoe Road would be addressed. Public Works Director Jonasson stated bids for that project will be opened in about three weeks. Council Member Kirk commented on the residents being very patient and orderly in addressing this matter. RESOLUTION NO. 2009-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2009/2010 THROUGH 2013/2014 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 334451a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2009-033 as submitted. Motion carried unanimously. 3. PUBLIC HEARING TO CONSIDER ORDINANCES AMENDING TITLE 9, ZONING, AND TITLE 13, SUBDIVISION REGULATION TO: 1) UPDATE THE LIST OF ZONES 19.20.0101: 2) UPDATE RESIDENTIAL REAR SETBACK (9.50.0301; 3) UPDATE COVE RESIDENTIAL MINIMUM DWELLING UNIT SIZE (9.50.030); 4) UPDATE FENCING REGULATIONS REGARDING VINYL MATERIAL (9.50.0901; 5) CORRECT THE GUESTHOUSE PROVISIONS (9.60.100); 6) REQUIRE A SPECIFIC PLAN IN CERTAIN COMMERCIAL ZONING DISTRICTS (9.70.030 AND 9.90.0401; 7) IDENTIFY TOBACCO AND ICE SKATING RELATED USES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.040); 8) ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (9.200.070 AND 13.04.0801; 91 AMEND PROCEDURES FOR MODIFICATION BY APPLICANT (9.200.0901; 101 CORRECT THE FINDINGS OF APPROVAL FOR TENTATIVE TRACT MAPS (13.12.130-; 11) SPECIFY THE TIMING OF APPRAISALS FOR PARKLAND FEES (13.48.060)P; AND 12) REMOVE TEXT REFERRING TO A FORMER GENERAL PLAN POLICY (13.481. Principal Planner Mogensen presented the staff report. In response to Council Member Henderson, Planning Director Johnson explained parkland fees must be paid prior to a final map being recording to establish the value of the property; and stated staff is unsure whether this practice stands out compared to other cities. City Council Minutes 16 April 21, 2009 City Attorney Jenson stated language can be added to make the provision of notification by registered mail, certified mail, or some other mechanism to verify delivery. The Mayor declared the PUBLIC HEARING OPEN at 7:56 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:56 p.m. MOTION - It was moved by Council Members Sniff/Franklin to take up Ordinance No. 466 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO: 1) UPDATE THE LIST OF ESTABLISHED ZONES (9.20.0101; 211DENTIFY THE EFFECTIVE DATE FOR LOW DENSITY RESIDENTIAL ZONED LOTS WHICH ARE PERMITTED A 10 FOOT REAR SETBACK (9.50.0301; 3) IDENTIFY THE CORRECT COVE RESIDENTIAL MINIMUM DWELLING UNIT SIZE IN TABLE 9-2 (9.50.0301; 4) IDENTIFY PROVISIONS FOR THE USE OF VINYL FENCING MATERIALS (9.50.090); 5) CORRECT THE GUESTHOUSE PROVISIONS IN THE RESIDENTIAL TABLE OF PERMITTED USES (9.60.1001; 6) REQUIRE A SPECIFIC PLAN IN CERTAIN COMMERCIAL ZONING DISTRICTS FOR ALL PROJECTS OVER 10 ACRES IN SIZE (9.70.030 & 9.90.040); 7) IDENTIFY TOBACCO AND ICE SKATING RELATED USES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.0401; 8) ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (9.200.070); AND 91 SPECIFY CRITERIA FOR MODIFICATION BY APPLICANT PROCEDURES (9.200.090). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 466 on first reading. Motion carried by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 467 by title and number only and waive further reading. Motion carried unanimously. City Council Minutes 17 April 21, 2009 ORDINANCE NO. 467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 13 OF THE LA QUINTA MUNICIPAL CODE TO: 1) ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (13.04.080-; 2) CORRECT THE MANDATORY FINDINGS OF APPROVAL FOR TENTATIVE TRACT MAPS (13.12.130-; 3) SPECIFY THE TIMING OF PARKLAND FEES (13.48.0801; AND 4) CORRECT AND REMOVE OUTDATED GENERAL PLAN POLICY REFERENCES 113.48.090 AND 13.48 APPENDIX). It was moved by Council Members Sniff/Franklin to introduce Ordinance No. 467 on first reading. Motion carried by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING AN INCREASE OF THE VEHICLE IMPOUND COST RECOVERY FEE. Police Chief Vigue presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 8:00 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:00 p.m. RESOLUTION NO. 2009-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, INCREASING THE VEHICLE IMPOUND COST RECOVERY FEE. It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2009-034 as submitted. Motion carried unanimously. City Council Minutes 18 April 21, 2009 ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. Respectfully submitted, 'C/ERONICA J.~NTECINO, City Clerk City of La Quanta, California