2009 09 15 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
SEPTEMBER 15, 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 Evans, Franklin, Henderson, Sniff, Mayor Adolph
ABSENT: None
PUBLIC COMMENT
Ralph Garza, 77-600 Calle Tecate, expressed concern about a fence constructed
around the air conditioning and ducts on a neighbor's sloped roof; requested the
improvements be removed and built according to City Code; voiced concern about
how the improvements might affect the value of his property; and requested
documentation regarding the definition of a sloped roof.
Mayor Adolph referred Mr. Garza to Planning Director Johnson and Building and
Safety Director Hartung, who were at the meeting.
Council Member Henderson suggested staff discuss this matter further and report
back to the City Council.
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 legal counsel regarding anticipated litigation -initiation of
litigation - pursuant to Government Code Section 54956(c) lone matter
against Arch Insurance -Watermark Villasl.
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 Coundil meeting was reconvened with no decisions being made in Closed
Session which require reporting pursuant to Government Code Section 54957.1
(Brown Act).
City Council Minutes 2 September 15, 2009
Mayor Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT
Gene Aviles, 78-370 Hwy 111, Suite 180, owner of Rea Day Spa, spoke regarding
the loss of customers due to the road construction on Highway 111 at Point
Happy; stated staff failed to contact him prior to the construction; and expressed
concerri about the timeframe and management of the project; stated access to
Point Happy has been reduced to one exit. -
CONFIRMATION OF AGENDA
Council Member Sniff requested Consent Item No. 8 be moved to Business Item
No. 2.
ANNOUNCEMENTS
City Attorney Jenson announced the City Council took action in Closed Session
regarding Item No. 2; a motion was made by Council Member Sniff and seconded
by Council Member Evans to file litigation against Arch Insurance, Keys Bank
and/or Granite La Quinta, LLC, owner of the Watermark property, for violation of
the Subdivision Improvement Agreement and Municipal Codes; and discretion was
given to the City Attorney and City Manager as to when to file if the entities have
not brought the property in compliance. Motion carried unanimously.
PRESENTATIONS
Mayor Adolph presented a proclamation declaring October 4 - 10, 2009, as "Fire
Prevention Week" in the City of La Quinta to Chief Pete Blakemore, representing
Cal Fire.
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Beth Foley, La Quinta Librarian, and Joanna Wickman, La Quinta Museum Manager,
presented the quarterly report for April through June 2009; Librarian Foley stated
the Library has implemented extended hours and the library remains full during
those hours; Ms. Wickman reported Don Wildman, host of the TV program Cities of
the Underworld, gave a presentation; and stated the Riding the Rails exhibit opens
October 9, 2009, and the Korea Artifacts exhibit opens in November 2009.
City Council Minutes 3 September 15, 2009
WRITTEN COMMUNICATIONS -None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Evans to approve the City
Council Minutes of September 1, 2009, as submitted. Motion carried unanimously.
CONSENT CALENDAR
Mayor Adolph spoke regarding Item No. 4 and requested athank-you letter be sent
to the Agua Caliente Cultural Museum for their donation.
Council Member Henderson stated the action recommended in Item No. 9 is
consistent with Council's direction to ensure that there is no outstanding burden to
the CaIPERS system. She thanked staff for bringing this matter forward.
1. APPROVAL OF DEMAND REGISTER DATED SEPTEMBER 15, 2009.
2. RECEIVE AND FILE TREASURER'S REPORTS DATED JUNE 30 AND JULY
31, 2009.
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORTS DATED JUNE 30
AND JULY 31, 2009.
4. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE AGUA
CALIENTE CULTURAL MUSEUM. (RESOLUTION NO. 2009-069)
5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH
DAVID EVANS AND ASSOCIATES, INC. TO PREPARE THE PLANS,
SPECIFICATIONS AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE
CONSTRUCTION COSTS FOR THE JEFFERSON STREET PARKWAY
LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-166.
6. APPROVAL TO AWARD A CONTRACT TO CONTRERAS CONSTRUCTION
COMPANY TO CONSTRUCT THE MISCELLANEOUS STREET
IMPROVEMENTS, PROJECT NO. 2008-17.
City Council Minutes 4 September 15, 2009
7. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR
ROADWAY PURPOSES ALONG AVENIDA BERMUDAS NORTH OF CALLE
TAMPICO BY CASITAS LAS ROSAS HOMEOWNERS ASSOCIATION, INC., A
CALIFORNIA NON-PROFIT CORPORATION.
8. SEE BUSINESS SESSION ITEM NO. 2.
9. APPROVAL OF AN APPROPRIATION FOR A LUMP SUM PAY-OFF OF THE
CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CaIPERS) SIDE
FUND.
10. ADOPTION OF A RESOLUTION REGARDING BENEFITS CONTRIBUTION FOR
MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL
EMPLOYEES. (RESOLUTION NO. 2009-070)
11. ADOPTION OF A RESOLUTION AND FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING WITH LA QUINTA CITY EMPLOYEES'
ASSOCIATION REGARDING BENEFITS CONTRIBUTION. (RESOLUTION NO.
2009-071)
12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 32891, DAVID
CHAPMAN, TRADITION CLUB ASSOCIATES, LLC. (RESOLUTION NO.
2009-072)
13. ADOPTION OF A RESOLUTION APPROVING . A SUPPLEMENTAL
AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR PUBLIC FACILITY AND
STREET IMPROVEMENTS ALONG CALLE TAMPICO AND AVENIDA
BERMUDAS, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS
CLUB - LA QUINTA UNIT. (RESOLUTION NO. 2009-073)
14. APPROVAL TO AWARD A CONTRACT TO B&T WORKS, INC. TO
CONSTRUCT THE JEFFERSON STREET WALL AND SIDEWALK
IMPROVEMENTS, PROJECT NUMBER 2009-16A.
15. ADOPTION OF A RESOLUTION APPROVING THE ADAMS STREET BRIDGE
GENERAL PLAN AND ASSOCIATED MITIGATED NEGATIVE DECLARATION
FOR ENVIRONMENTAL ASSESSMENT 2009-605, PROJECT NUMBER
2006-06. (RESOLUTION NO. 2009-074)
16. APPROVAL TO AUTHORIZE STAFF TO PROCURE THE TRAFFIC SIGNAL
EQUIPMENT AND POLES FOR THE NEW TRAFFIC SIGNAL AT AVENUE 52
AND DESERT CLUB DRIVE, PROJECT NO. 2008-02.
City Council Minutes 5 September 15, 2009
MOTION - It was moved by Council Members Sniff/Henderson to approve
the Consent Calendar as recommended and amended with the exception of
Item No. 8 and with Item Nos. 4, 10-13, and 15 being approved by
RESOLUTION NOS. 2009-069 through 2009-074 respectively. Motion
carried unanimously.
BUSINESS SESSION
1. CONSIDERATION OF A RESOLUTION ESTABLISHING A HOUSING
AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING
AUTHORITIES LAW.
Assistant City Manager-Development Services Evans presented the staff
report.
In response to Council Member Sniff, Assistant City Manager-Development
Services Evans explained foreclosed or bank-owned homes would be
acquired and transferred into the Agency; stated the program is established
for properties owned by the Agency and properties owned by private
affordable housing groups or non-profit programs are not affected.
In response to Mayor Adolph, Assistant City Manager-Development Services
Evans confirmed this is the first step in establishing the Housing Authority
Assistant City Manager-Development Services Evans further explained the
Agency would make recommendations to the Housing Authority for
acquisition of properties; stated an explanation of the acquisition of
properties would be made clear in the next staff report to the City Council;
added the Redevelopment Agency would maintain the acquisition and
disposition of property; and stated approval of the bylaws is scheduled to be
presented at the October 6, 2009 meeting.
In response to Mayor Adolph, Assistant City Manager-Development Services
Evans stated staff has reviewed reports from the City of Palm Desert and
City of Rancho Mirage.
City Council Minutes 6 September 15, 2009
RESOLUTION NO. 2009-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE
WITH THE CALIFORNIA HOUSING AUTHORITIES LAW.
It was moved by Council Members Sniff/Franklin to adopt Resolution No.
2009-075 as submitted. Motion carried unanimously.
2. CONSIDERATION OF AN ADVANCE FROM THE GENERAL FUND TO THE
SILVERROCK GOLF ENTERPRISE FUND.
(This item was moved from Consent Item No. 8.)
Finance Director Falconer presented the staff report.
In response to Council Member Sniff, Finance Director Falconer explained the
54.3 million is a liability to the SilverRock Golf Enterprise Fund and a loss to
the General Fund; explained the projected loss for the current fiscal year is
an additional 5680,000; confirmed $875,000 has already been expended;
explained the need for advancing the funds and that future revenues would
pay the amount; stated the advance consists of two parts, interest and
principle, and the General Fund gets credited for the future interest of the.
advance.
Council Member Franklin asked when a study session would be held to
discuss the SilverRock project. City Manager Genovese stated it is scheduled
for October 6, 2009. Council Member Franklin expressed concern about the
amount of money being spent to fund an 18-hole golf course and about
using Redevelopment Agency funds for the project. She stated she
understood Redevelopment Agency funds are supposed to augment the
General Fund, not the other way around, and questioned how long the City
can continue advancing funds for the project.
In response to Mayor Adolph, Finance Director Falconer confirmed 54.3
million is the total amount expended since the opening of the SilverRock
Resort. Mayor Adolph asked the amount expended for maintenance of City
parks, and Finance Director Falconer responded, "Approximately $1 million
annually."
Mayor Adolph stated more than 8,000 residents are members of the
SilverRock Resort Golf Course; the City could not foresee the economic
City Council Minutes 7 September 15, 2009
downturn when the golf course was opened; and stated the course needs to
be kept in the condition mandated by the PGA, which is expensive and puts
the City in a difficult position.
Council Member Sniff requested staff allow an adequate amount of time in
the study session to review the background of the project, and provide
potential viable options and/or changes, and an updated status report on the
current conditions of the golf course.
MOTION - It was moved by Council Members Henderson/Evans to approve
an advance of $875,203 from the General Fund to the SilverRock Golf
Enterprise Fund to cover operations for Fiscal Year 2008-2009. Motion
carried unanimously.
STUDY SESSION -None
REPORTS AND INFORMATIONAL ITEMS
CVAG Public Safety Committee -Council Member Henderson requested support
from the City Council for the City's participation in the Great Shake Out scheduled
for October 15.
CVAG Transportation Committee - Council Member Henderson stated they
discussed the relinquishment of property along Jefferson Street; and City Manager
Genovese explained the remaining property on the west side of Jefferson Street
will be relinquished as parkway.
League of California Cities -Council Member Henderson reported on the State
Securitization Program, which includes the taking of $1.3 billion statewide, and
$900,000 of the City's General Fund, but the Legislature convened last Saturday
and did not take a vote to pass the additional items; the League, in partnership
with CSAC and the California Special District Association, requested the Legislature
reconvene immediately and take action to address the matter.
C. V. Conservation Commission - Council Member Sniff reported an issue
surfaced regarding the City of Desert Hot Springs declining to participate in the
Multi-Species Habitat Conservation Plan several years ago; after a change in
management and council, they now wish to participate; stated it will cost them an
additional $1 million to participate at this point; and stated there was discussion
about forgiving the additional cost because of their financial condition or having
them pay whenever they can. He requested the thoughts of the City Council on
this matter.
City Council Minutes 8 September 15, 2009
Mayor Adolph stated the elected body of the City of Desert Hot Springs was
forewarned of the consequences and they made their decision at that time.
Council Member Henderson stated the City of Desert Hot Springs can be part of it
with the outstanding debt; suggested an agreement be made with the City of
Desert Hot Springs stating it is a debt due in the future with the first payment due
in three years. She stated she does not agree with forgiving the amount.
Chamber of Commerce Workshop/Information Exchange Committee - Mayor
Adolph reported a copy of the minutes from the meeting will be distributed to the
City Council; and announced the Mayor's Cup Golf Tournament will be held
Wednesday, September 16, 2009, at SilverRock Resort.
All other reports were noted and filed.
DEPARTMENT REPORTS -None
MAYOR AND COUNCIL MEMBERS' ITEMS
Mayor Adolph stated he met with members of Navy League and Starbucks and
presented a proclamation in appreciation of their efforts in sending coffee to the
troops in Iraq.
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Council Member Sniff expressed a desire to have Department Directors provide
verbal staff reports on a monthly basis.
PUBLIC HEARINGS -None
City Council Minutes 9 September 1 5, 2009
ADJOURNMENT
There being no further business, it was moved by Council Members Sniff/Franklin
to adjourn. Motion carried unanimously.
Respec ully
GL~GZ~i~~/G
VERONICA .
City of La C~
%MONTECINO, City Clerk
inta, California