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2009 07 21 CC MinutesLA QUINTA CITY COUNCIL MINUTES JULY 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 Pro Tem Henderson. PRESENT: Council Members Evans, Franklin, Henderson, Sniff ABSENT: Mayor Adolph It was moved by Council Members Sniff/Evans to excuse the absence of Mayor Adolph. Motion carried unanimously. 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, Bret M. Plumlee, pursuant to Government Code Section 54956.8 concerning potential teams and conditions of acquisition and/or disposition of a portion of the parcel located at 54-001 Madison Street. Property Owner/Negotiator: TowerCo„ LLC of California, Inc., (TowerCol, Daneen Wilder. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. a•nn P nn 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). Council Member Sniff led the audience in the Pledge of Allegiance. City Council Minutes 2 July 21, 2009 PUBLIC COMMENT Jack Duke, 48-674 Gibraltar Street, Indio, stated he has received several code violation notices and would like a time extension until he can get his tenant out of the trailer. Mayor Pro Tem Henderson referred Mr. Duke to Building & Safety Director Hartung. CONFIRMATION OF AGENDA Mayor Pro Tem Henderson requested Consent Item No. 14 be taken up separately. NOUNCEMENTS-None PRESENTATIONS -None WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Franklin to approve the City Council Minutes of July 7, 2009, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 21, 2009. 2. RECEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31, 2009. 3. RECEIVE AND FILE TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED MAY 31, 2009, AND THE INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2009. 4. APPROVAL OF AN APPROPRIATION TO CLOSE THE COACHELLA VALLEY VIOLENT CRIME TASK FORCE FUND AND TRANSFER REMAINING FUNDS TO THE CITY OF INDIO. City Council Minutes 3 July 21 , 2.009 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COIMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32070, CODORNIZ, RJT HOMES, LLC. (RESOLUTION NO. 2009-062- 6. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29457-4, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT, L.P. 7. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30185, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT, L..P. 8. APPROVAL OF SECOND READING AND ADOPTION OF ORDIN/aIVCE NO. 472, AMENDING TITLE 9, ZONING, OF THE LA QUINTA MUNICIPAL CODE RELATING TO USED VEHICLE SALES WITHIN THE (REGIONAL COMMERCIAL ZONING DISTRICT TO ESTABLISH DESIGN AND DEVELOPMENT CRITERIA AND REMOVE TEXT REGARDING AUl"UMOTIVE USES PROVISION IN A PORTION OF THE NON-RESIDENTIAL "TABLE OF PERMITTED USES 19.80.0401. 9. ACCEPTANCE OF AN IRREVOCABLE OFFER TO DEDICATE EASEPJIENT FOR ROADWAY PURPOSES, DECLARATION OF RESTRICTIONB~, AND AGREEMENT ALONG FRED WAKING DRIVE AND JEFFERSON STREET BY REGENCY MARINITA - LA QUINTA, LLC, A DELAWARE LIMITED LIABILITY COMPANY. 10. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF THE COACHEILA CANAL AT MADISON STREET AND AVENUE 50. 11. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA ~41VD THE LA QUINTA CITY EMPLOYEES ASSOCIATION FOR FISCAL YEAR 2009/2010. (RESOLUTION NO. 2009-063) 12. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE IPS&E) OF (PROBABLE CONSTRUCTION COSTS FOR THE NEW TRAFFIC SIGNAL AN!D STREET IMPROVEMENTS AT DUNE PALMS ROAD AND "A" STREET, PROJECT NO. 2009-10. City Council Minutes 4 July 21, 2009 13. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE WASHINGTON STREET WIDENING IMPROVEMENTS, PROJECT NO. 2008-18. 14. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2009/2010. (See separate action below.) MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and amended with the exception of Item No. 14 and with Item Nos. 5 and 11 being approved by RESOLUTION NOS. 2009-062 through 2009-063 respectively. Motion carried unanimously. Item No. 14 Mayor Pro Tem Henderson stated she appreciates the changes made by the Chamber of Commerce but is disappointed it did not result in a reduced funding amount. She stated she would support the contract this year but it may not be the same next year. Council Member Franklin disclosed for the record that she is an Associate Member of the Chamber of Commerce and her husband is a Board Member. MOTION - It was moved by Council Members Sniff/Franklin to approve a Professional Services Agreement with the Chamber of Commerce for Fiscal Year 2009/2010. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2009 LEAGUE OF CALIFORNIA CITIES CONFERENCE. There were no changes to the staff report as submitted and on file in the City Clerk Department. MOTION - It was moved by Council Members Franklin/Evans to appoint Mayor Pro Tem Henderson as the voting delegate to the 2009 League of California Cities Conference. Motion carried unanimously. A brief discussion ensued regarding the inability to appoint an alternate since no other Council Members would be attending the conference. City Council Minutes 5 July 21, e!009 STUDY SESSION 1. DISCUSSION OF OPTIONS REGARDING THE WIDENING OF FRED WAKING DRIVE BETWEEN ADAMS STREET AND PORT MARIA ROAD. Public Works Director Jonasson presented the staff report. Juan Perez, Riverside County Director of Transportation, introduced County staff members Dan Martinez and Scott Daley, and presented three alternatives for the street widening project. Council Member Franklin inquired on the cost differences between Alternatives 2 and 3. Mr. Perez stated Alternative 1 is approximately $7 million, Alternative 2 approximately $20 million, and Alternative 3 approximately $8.5 million. Council Member Franklin asked if the: proposed street improvements were disclosed to property owners on the north side when they purchased their properties. Mr. Perez explained a 50-foot right- of-way was required when the subdivision was created in 1963; :stated lots were allowed to face the road, and a majority of the permits were issued prior to 1965. Council Member Franklin asked if building permits were issued by the County knowing the street would later be widened. Mr. Perez explained if building permits had been denied, the County would have been obligated to purchase the properties. In response to Mayor Pro Tem Henderson, Mr. Perez explained this is the last-remaining project in the Measure A funding that the voters approved. Mayor Pro Tem Henderson asked if there would be safety issues with having a non-standard street and if a general plan amendment would be required if the project is not built to City and County standards. She also asked how much street length is involved with this project. Mr. Perez slated new subdivisions are required to build to standards based on traffic situdies and general plan build-outs; however, the County weighs the cost and benefit of doing full-standard versus a modification that provides for adequate safety. He stated the County general plan would not have to be amended. Public Works Director Jonasson confirmed under Alternatives 1 and ~~ a site- specific general plan amendment would be required in the City clue to the right-of-way width, loss of bike lane, and modified medians. Nlr. Perez stated the street length affected is approximately .07 of a mile. In response to Council Member Evans, Mr. Perez stated the time factor for each alternative is determined by the level of environmental impacl:; property acquisitions would required a full Environmental Impact Report (EIFII, which City Council Minutes 6 July 21, 2009 takes about six months. He stated the time-factor difference between the alternatives is two to three years. Mayor Pro Tem Henderson asked how the project would be funded. Mr. Perez explained CVAG would pay 75% from the Measure A funding, and the City and County would contribute 25% combined. In response to Council Member Sniff, Mr. Perez stated the alternatives were generated by County staff with consultation from City staff, and confirmed the property acquisitions can be funded by Measure A funds. He further explained the County's preference is Alternative 1 because it enables residents to keep their homes, retains street parking, and is less costly to the County. He clarified that under Alternative 2, 75% of the purchase of the right-of-way would be funded by Measure A funds with the remaining costs shared 50/50 by the City and County. In response to Council Member Sniff, City Manager Genovese stated staff has not selected a preferred alternative; and clarified that the City would not be sharing the costs of purchasing the homes. Mr. Perez stated the costs are subject to further discussion between the City and County, and indicated that this is a joint project with costs to be shared equally. City Manager Genovese questioned the shared cost of acquiring the homes because they are not the City's jurisdiction. Mr. Perez explained this is a joint project as the environmental document covers six lanes in the City and County along with street improvements on both the north and south sides of Fred Waring Drive. City Manager Genovese recommended the City Council discontinue further consideration of the alternatives until discussion is held with the County regarding the shared cost. City Attorney Jensen explained it would be A-typical for another agency to share the funding of acquisition of property in another jurisdiction. Council Member Sniff stated if the City is to share the cost then it should be involved with the negotiations. Mr. Perez stated County staff is in attendance to enter into a discussion of the alternatives with the City. Council Member Henderson asked if it would continue to be a joint project if the City chose not to move the center line. City Manager Genovese stated the only discussion that may be entered into with the County would be the construction of the median. Ron Rowell, 79-320 Fred Waring Drive, Bermuda Dunes, stated he is the lead contact with the County for the homeowners; stated no one was City Council Minutes 7 July 21, 2009 informed of the proposed street improvements when they purchased their homes; and stated the homeowners endorse Alternative 1 as it allows for parking on the street. Joann Schaus, 79-309 Horizon Palms Circle, stated she lives on the south side of the street, and does not feel losing five feet of right-of-way will be a major impact to the residents on that side of the street. Donna Rowell, 79-320 Fred Waring Drive, Bermuda Dunes, spoke regarding one of the affected property owners; stated Mrs. Fia, lost her home a few years ago because of the widening of Jefferson Street, and was not aware when she purchased her current home that she may have to movfs again for that street to be widened. DeAnn Wolfe, 79-150 Fred Waring Drive, Bermuda Dunes, stated they bought their home in 2005, and- were not aware of the proposed street improvements. She voiced concern about the loss of street parking and noted there are two school bus stops in the affected area. She stated traffic has been reduced since the opening of the bridge on Miles Avenue, and conveyed support for Alternative 1. Nancy Kever, 79-401 Horizon Palms Circle, stated she was aw,3re of the proposed street improvements when she purchased her home about 13 years ago. She voiced safety concerns about traffic conditions on Freci Waring Drive because of the speed, and questioned the need for six lanes. She requested more information on how the improvements are going to affect the properties on the south side of the street. Mark Weber, 78-795 Wakefield Circle, encouraged the homeowners on the north side of the street to address their concerns to the County Board of Supervisors rather than divert it to the City. He questioned whey the City should have to absorb the costs and problems related to this project due to poor planning by the County. He stated afive-foot adjustment to the curb on the south side would be a significant cost to the City if the utility poles have to be moved. He conveyed empathy for the homeowners but noted the City did not cause this problem. Council Member Sniff asked if Alternative 1 would affect the utilities serving the area. Public Works Director Jonasson stated impact to the utilities is yet to be determined; the power poles appear to be more than five feet from the curb but there could be a problem if the deceleration lane into La Quinta Palms is pushed back. Council Member Sniff conveyed empathy with the homeowners and stated everything within reason should be done to protect them. He stated the County needs to provide more information on the City Council Minutes 8 July 21, 2009 utilities to know if it will have an adverse and costly effect to the City as well as provide a reasonable plan to make the improvements on the south side aesthetically pleasing. Mayor Pro Tem Henderson asked how the 50-foot wide setback requirement and six-lane street designation under Measure A are worked into the planning process. City Attorney Jensen stated the building permit stage is ministerial; a moratorium could have been placed by the County if additional study was needed before issuing building permits. She explained the setback is determined at the subdivision stage, not when building permits are issued. Mayor Pro Tem Henderson stated the County will continue to receive negative feedback for allowing development of these homes on the north side of Fred Waring Drive. She stated the City did not like being involved with displacing families when Jefferson Street was widened to six lanes and is not looking forward to being involved with the same thing happening to these homeowners. She feels a block of burden is being placed on the City that the City did not put there and hopes that doesn't have to continue to be said. She stated the matter will be referred back to staff for additional information. 2. DISCUSSION OF THE SUMMARY TECHNICAL MEMORANDUM PREPARED BY WILLDAN FINANCIAL SERVICES REGARDING A FEASIBILITY STUDY AND BENEFIT ANALYSIS OF FORMING A CITYWIDE DISTRICT TO SUPPORT PARKS AND RECREATION IMPROVEMENTS. Public Works Director Jonasson presented the staff report. Jim McGuire, Willdan Financial Services, presented an overview of the assessment district, obligation, and benefits. Council Member Sniff stated the next opportunity to present this issue to the voters is at the November 2, 2010 election. He expressed concern about the complexity of the information and requested it be simplified for the public. He spoke about the need to prepare a proposal before the next municipal election and conveyed support for a benefit assessment. Council Member Evans expressed appreciation for the summary provided by Willdan, and suggested a continued look at the fee structure by parcel before moving forward. Mayor Pro Tem Henderson commented on why the City Council has been reluctant to take this to the voters and has now worked itself into a timing City Council Minutes 9 July 21, 2009 issue where it would be difficult to ask the voters to approve a new tax. She hopes when it comes up in the future that it will be timely for the election process and that there is a better overall feel of the economy at that time. Council Member Sniff suggested staff be directed to bring this back in enough time to deal it at the November 2010 election. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission -Council Member Franklin reported there is +3 shortfall between what the City contributes and what the County pays; and stated staff is looking at other approaches for caring for animals. CVAG Homelessness Committee - Council Member Franklin reported the Committee's main thrust is to obtain funding from local agencies for the; Desert Resource Center; and stated they have received one response to the Re:questfor Proposals from Jewish Services. Palm Springs Desert Resort Communities & Visitors Authority -Council Member Evans reported the Commission addressed restructuring of the HIBC and'. JPA and the bylaws and discussed the upcoming airlines marketing campaign. Riverside County Transportation Commission -Mayor Pro Tem Henderson stated the Commission is continuing to discuss the five interchanges. League of California Cities - Mayor Pro Tem Henderson reported an uprising occurred at the last Board meeting regarding proposed bylaw amendmem:s and the issue was tabled. She distributed a press release from the League regarding the proposed State budget and reckless "Ponzi" scheme. All other reports were noted and filed. DEPARTMENT REPORTS 1-B. UPDATE ON GREEN AND SUSTAINABLE LA QUINTA PROGRAM. In response to Mayor Pro Tem Henderson, Assistant City Manager- Management Services Plumlee staff is looking at a program that would address disposal of non-controlled medication. City Council Minutes 10 July 21, 2009 8. PUBLIC WORKS MONTHLY REPORT. Public Works Director Jonasson reported staff has completed the Underground Feasibility Study; and he briefly explained the overall cost for the six areas is S 185 million. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Franklin asked if there was a previous consensus to discuss SilverRock in a study session. City Manager Genovese stated he understood the consensus was to include it in the Council Goals. Council Member Franklin stated this is a different world than when the development plan was previously discussed, and she would like to see it scheduled for a study session for further discussion. Mayor Pro Tem Henderson stated because it is a different world, she is uncertain about changing direction of the project in a study session; and she is comfortable with the direction previously given to staff. Council Member Evans stated she is torn between staying the course or making changes. She is not aware of any activity that would occur in a soon timeframe but is also not sure the plan will stay the same. Council Member Sniff conveyed support for taking another look at the plan; and noted it may be beneficial for Council Member Evans to have the exercise of reviewing the development. He is not suggesting the current plan be eliminated but consider modifications that might enhance the plan. He suggested conducting a review and receiving a status report on the project in October. Council Member Evans concurred with reviewing the plan but not necessarily changing it. Council recessed to and until 7:00 P.M. 700 P_M. PUBLIC COMMENT -None PRESENTATIONS -None City Council Minutes 11 July 21, 2009 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RE:iULUTION APPROVING THE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE 2009/2010 PROPERTY TAX ROLL. Community Safety Manager Conrad presented the staff report, and requested the following properties be removed from the resolution: APNs: 600-060-005 (Teasley-; 774-093-017 IOvergaag-; 774-21 1-006 (Sanchez); 604-493-002 (Pash-; and 773-214-011 (Atwill/Corney-. In response to Council Member Sniff, Community Safety Manager Conrad stated the Watermark Villas abatement was for dead palm trees. Building and Safety Director Hartung explained that a new code enforcernent case currently exists for abatement of additional dead trees on the property. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:06 p.m. There being no requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 7:06 p.m. RESOLUTION NO. 2009-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTIOIN OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Evans to adopt Resolution No. 2009-064 as amended. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RE:iULUTION APPROVING AONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 33085, A SUBDIVISION OF 4.36 GROSS ACRES INTO SEVEIV SINGLE FAMILY RESIDENTIAL LOTS AND ONE RETENTION LOT LOCATEID AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE. APPLICANT: CORE MADISON, LLC. The public hearing was cancelled due to the applicant withdrawing the application. The City Council recessed to Closed Session as delineated on Page 1. City Council Minutes 12 July 21, 2009 ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. Respectf ly submitted, VERONICA J. NTECINO, City Clerk City of La Quanta, California