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2009 11 03 CC MinutesLA QUINTA CITY COUNCIL MINUTES NOVEMBER 3, 2009 A 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 Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION 1. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located southeast of the Miles Avenue and Washington Street intersection and north of the Whitewater Storm Channel. Property Owner/Negotiator: CP Development La Q.uinta, LLC, Richard Oliphant. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 400 P_M_ The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.7 (Brown Act). Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT -None CONFIRMATION OF AGENDA City Manager Genovese announced a supplemental report for Consent Item No. 10 has been distributed to the City Council. City Council Minutes 2 November 3, 2009 Council Member Sniff requested Consent Item No. 7 be pulled for separate vote. Mayor Adolph requested Consent Item Nos. 12 and 13 be pulled for separate vote. Council Member Franklin requested Consent Item Nos. 5 and 6 be pulled for separate vote and that Consent Item No. 8 be moved to Business Item No. 3. Council Member Henderson requested Consent Item No. 3 be pulled for separate vote. ANNOUNCEMENTS -None PRESENTATIONS -None WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM ROBERT AND LISA DELGADO, LAS CASUELAS QUINTA, DATED OCTOBER 23, 2009, REGARDING MONUMENT SIGN. Council Member Henderson suggested moving the directional sign further north. Council Member Sniff stated the immediacy of the sign is the location and agreed the sign be moved further north. Council Member Evans asked how many signs have been installed and if they have been strategically placed; also if additional signs will be installed. Assistant City Manager-Development Services Evans explained the number, size, and location of the signs have been placed progressively as drivers are nearing the Village; stated it was not staff's intention to deface the restaurant building and will find another location for the sign. Public Works Director Jonasson stated the way-finding sign can be relocated once the construction signs are removed. Council Member Sniff urged staff to be extremely sensitive to the businesses when placing directional signs. City Council Minutes 3 November 3, 2009 In response to Council Member Henderson, Public Works Director Jonasson stated the plans reviewed by the City Council gave a general location of the placement of signs. Council Member Sniff requested staff respond with a letter and not only direct contact. APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Evans to approve the City Council Minutes of October 20, 2009, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 3, 2009. 2. APPROVAL TO APPROPRIATE FUNDING FROM THE UNITED STATES DEPARTMENT OF ENERGY FOR THE ENERGY EFFICIENCY AND CONSERVATION FORMULA BLOCK GRANT. 3. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM COUNCIL MEMBER HENDERSON. (See separate action below.) 4. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 009-N TO CITY OF LA QUINTA MASTER AGREEMENT 08-5433R FOR CONGESTION MANAGEMENT AIR QUALITY (CMAQ) FUNDING TOWARD THE HIGHWAY 111 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT AND INTERCONNECT PROJECT, PROJECT NO. 2008-16. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC. (See separate action below.) 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC. (See separate action below.) 7. APPROVAL OF AN ADVANCE FROM THE GENERAL FUND TO THE SILVERROCK GOLF ENTERPRISE FUND. (See separate action below.) City Council Minutes 4 November 3, 2009 8. SEE BUSINESS SESSION ITEM NO. 3. 9. APPROVAL TO AWARD A CONTRACT TO STEINY AND COMPANY, INC. TO CONSTRUCT A NEW TRAFFIC SIGNAL AT DESERT CLUB DRIVE AND AVENUE 52, PROJECT NO. 2008-02. 10. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE PHASE I VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES, PROJECT NO. 2008-04 AND APPROPRIATION OF FUNDS IF APPLICABLE. 11. APPROVAL OF A CONTRACT EXTENSION WITH THE PLANNING CENTER FOR PREPARATION OF THE LA QUINTA HOUSING ELEMENT UPDATE. 12. ADOPTION OF A RESOLUTION RESCINDING RESOLUTION NO. 2009-083 AND EXTENDING THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. (See separate action below.) 13. ADOPTION. OF A RESOLUTION RESCINDING RESOLUTION NO. 2009-084 AND EXTENDING THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. (See separate action below.) 14. AUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT TO CONSTRUCT A COMPRESSED NATURAL GAS (CNG) DISPENSING STATION FOR FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. MOTION - It was moved by Council Members Sniff/Evans to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 3, 5, 6, 7, 12 and 13. Motion carried unanimously. Item Nn_ 3' RESOLUTION NO. 2009-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING DONATION FROM COUNCIL MEMBER HENDERSON. It was moved by Council Members Sniff/Evans to adopt Resolution No. 2009-089 as submitted. Motion carried 4-0-1 with Council Member Henderson ABSENT, due to a potential conflict of interest. City Council Minutes 5 November 3, 2009 Item No. 5: RESOLUTION NO. 2009-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFFSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO SEPTEMBER 16, 2010 FOR TRACT MAP 32879, GRIFFIN RANCH. It was moved by Council Members Sniff/Evans to adopt Resolution No. 2009-090 as submitted. Motion carried 4-0-1 with Council Member Franklin ABSENT, due to a potential conflict of interest due to the close proximity of her residence. Item No. 6: RESOLUTION NO. 2009-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ONSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO SEPTEMBER 16, 2010 FOR TRACT MAP 32879, GRIFFIN RANCH. It was moved by Council Members Sniff/Evans to adopt Resolution No. 2009-091 as submitted. Motion carried 4-0-1 with Council Member Franklin ABSENT, due to a potential conflict of interest due to the close proximity of her residence. Item No. 7: Council Member Sniff stated he would not vote in support of this item to be consistent with his previous vote on this issue. MOTION - It was moved by Council Members Henderson/Evans to approve an advance not to exceed 5756,400 from the General Fund to the SilverRock Golf Enterprise Fund to cover the purchase of golf course equipment for Fiscal Year 2009-2010. Motion carried 3-2 with Council Members Franklin and Sniff dissenting. City Council Minutes 6 November 3, 2009 Item No. 12: RESOLUTION NO. 2009-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RESCINDING PRIOR COUNCIL ACTION AND GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFFSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 31, 2010 FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST. It was moved by Council Members Evans/Henderson to adopt Resolution No. 2009-092 as submitted. Motion carried 3-0-2 with Council Member Franklin and Mayor Adolph ABSENT, due to a potential conflict of interest due to the close proximity to their residences. Item No. 13: RESOLUTION NO. 2009-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RESCINDING PRIOR COUNCIL ACTION AND GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ONSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO SEPTEMBER 30, 2010 FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST. It was moved by Council Members Evans/Henderson to adopt Resolution No. 2009-093 as submitted. Motion carried 3-0-2 with Council Member Franklin and Mayor Adolph ABSENT, due to a potential conflict of interest due to the close proximity to their residences. BUSINESS SESSION 1. CONSIDERATION OF 2ND QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. Recreation Supervisor Robert Ambriz presented the staff report. Tesha Vann, representing Olive Crest Treatment Centers, thanked staff for their responsiveness to their request and for the City Council's continued support. City Council Minutes 7 November 3, 2009 MOTION - It was moved by Council Members Evans/Franklin to approve Community Services Grants and Funding Requests as follows: Olive Crest Treatment Centers Inc., 55,000; Osher Lifelong Learning Institute, 53,600; Palm Springs Women in Film and Television, 53,000; American Diabetes Association, 52,500; Integrated Learning Institute, 52,000; and Desert Valley All-Star Mavericks, 5500. Motion carried unanimously. 2. CONSIDERATION OF AN ORDINANCE ADDING SUBSECTION 12.69 TO CHAPTER 12 OF THE LA QUINTA MUNICIPAL CODE, PERTAINING TO REGULATIONS FOR GOLF CARTS ON CERTAIN STREETS AND ASSOCIATED MATERIALS TO IMPLEMENT PHASE I OF THE GOLF CART PROGRAM. Assistant City Manager-Development Services Evans presented the staff report. Council Member Sniff asked if staff has researched cities with this type of ordinance as it relates to accident history. Assistant City Manager- Development Services Evans stated they have not but can research the information if the Council wishes. Council Member Sniff asked if the golf cart program has been cleared with the Sheriff's Department. Assistant City Manager-Development Services Evans stated the plan has been submitted to the Sheriff's Department at least three times and staff has incorporated their comments. Council Member Sniff stated it is unfortunate that the carts can accommodate only two people. Assistant City Manager-Development Services Evans stated it is restricted by State law as the California Highway Patrol has opposed plans in other cities. Council Member Sniff noted the golf carts are smaller than cars and suggested the use of an aerial flag for visibility. Assistant City Manager-Development Services Evans stated that requirement can be incorporated in the plan if Council wishes; and explained the carts will be required to have an overhead covering. Council Member Sniff asked if any violations are subject to the California vehicle code. Assistant City Manager-Development Services Evans confirmed and explained anyone in violation is subject to a 5100 fine; and stated the Sheriff's Department has enforced the ordinance in other cities. Council Member Sniff asked if staff knew whether or not there had been various or significant violations in other communities. Assistant City Manager-Development Services Evans responded, "No." City Council Minutes 8 November 3, 2009 Mayor Adolph asked about insurance requirements and if proof of insurance would be required. Assistant City Manager-Development Services Evans stated the required insurance is as identified in the vehicle code and confirmed proof of insurance is required. Mayor Adolph asked if the. Department of Motor Vehicles (DMV) is involved. Assistant City Manager- Development Services Evans responded no; the golf carts will be required to have a local permit for a fee of 520, and the DMV does monitor other electrical vehicles, but golf carts are separate. Mayor Adolph asked when permits are issued if maps will be provided that show where golf carts can legally be driven as well.as a list of regulations. Assistant City Manager- Development Services Evans stated anyone receiving a permit will receive a map and a copy of the rules and regulations that can be kept in the vehicle. Mayor Adolph asked if there had been any thought about administering a written test. Assistant City Manager-Development Services Evans stated it will be very clear in the regulations that only licensed drivers will be allowed to operate a golf cart. Council Member Henderson stated we are embarking on a new program that many people are looking forward to, and some will not abide by the rules and regulations. She suggested permits be revoked for one year if underage drivers are caught driving. Assistant City Manager-Development Services Evans stated officers will have the authority- to impound the golf cart if stopped for dangerous driving. Council Member Henderson suggested putting the responsibility on the parents of underage 16 drivers. Assistant City Manager-Development Services Evans stated staff can include a revocation provision in the ordinance if Council desires. City Attorney Jenson explained the ordinance can be amended to include a revocation clause when the ordinance is brought back for adoption. Mayor Adolph commented on seeing cone-seat golf cart with three or four youths sitting on each other's laps. Assistant City Manager-Development Services Evans requested direction regarding the term of revocation. Police Chief Vigue explained the Sheriff's Department contacts the registered owner initially to pick up the vehicle, and if there is not a contact the vehicle is impounded. Council Member Henderson asked if a parent is made responsible for an underage driver. Chief Vigue explained the juvenile is cited and the parents are responsible for the cost of the towing plus an additional estimated 5127 fee. Council Member Henderson stated the parents should suffer the consequences of the actions of their children. City Council Minutes 9 November 3, 2009 Assistant City Manager-Development Services Evans stated if an underage driver is caught and convicted for driving alone, the penalty is to delay obtaining a drivers license until the age of 18 years. City Attorney Jenson suggested including a revocation clause and present the language at the second reading of the ordinance. Mayor Adolph stated the rules and regulations should be made known at the time the permit is issued. Council Member Sniff asked if the same provisions regarding alcohol apply to these vehicles and asked if it is in the ordinance. Assistant City Manager- Development Services Evans stated it does not need to be in the ordinance because it is a State regulation. Chief Vigue explained if the driver on a golf cart is under the influence, the same provisions for vehicles would apply. Council Member Sniff asked if there is a requirement for lights. Assistant City Manager-Development Services Evans stated golf carts must have headlights, tail lights, and turn signals and the ordinance limits the operation of golf carts to daylight hours and one hour before sunrise and one hour after sunset. Council Member Sniff asked if these vehicles would be allowed on the grasslands of City parks. Assistant City Manager-Development Services Evans stated no but we may need to address the issue of parking in parkland areas. Council Member Sniff asked if there are any special provisions for parking. Assistant City Manager-Development Services Evans stated they would need to park in regular parking spaces. Mayor Adolph asked about having areas where golf carts can plug in for charging. Assistant City Manager-Development Services Evans stated staff has researched that and golf carts do not recharge fast enough at charging stations. Council Member Franklin stated the cost to the parents for impounding the cart will get their attention for allowing under-aged drivers on golf carts. MOTION - It was moved by Council Members Henderson/Evans to take up Ordinance No. 474 as amended (adding a revocation clause) by title and number only and waive further reading Motion carried unanimously. ORDINANCE NO. 474 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 12.69 TO TITLE 12 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO REGULATIONS FOR GOLF CARTS ON CERTAIN STREETS. City Council Minutes 10 November 3, 2009 It was moved by Council Members Henderson/Evans to introduce Ordinance No. 474 as amended (adding a revocation clause) on first reading. Motion carried by the following action: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 3. CONSIDERATION OF THE TRANSFER OF TEN PARCELS OF LAND FROM THE LA QUINTA REDEVELOPMENT AGENCY TO THE CITY OF LA QUINTA AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE (APNs: 604-040-057, 604-470-001, 770-184-001, 773-101- 001, AND -002, 769-083-007, -008, AND -009, AND LOTS E, F, G, H, AND I OF PARCEL MAP 31116, AND LOT D OF PARCEL MAP 33588. (This item was moved from Consent Calendar Item No. 8.) Council Member Franklin asked why the properties are being transferred from the Redevelopment Agency to the City. Assistant City Manager-Development Services Evans explained Redevelopment Agency law specifies once properties have been developed they must be disposed of or transferred; and explained staff is transferring the properties to be in compliance with the law. MOTION - It was moved by Council Members Henderson/Evans to approve the transfer of ten properties from the Redevelopment Agency to the City, and authorize the City Attorney to prepare and the City Manager to execute the Certificates of Acceptances. Motion carried unanimously. STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS Jacqueline Cochran Regional Airport Authority -Council Member Franklin reported the air show will be held on Saturday, November 7`" from 9:00 a.m. to 3:00 p.m. IID Energy Consumers' Advisory Committee -Council Member Franklin reported the committee toured one of the generating plants in EI Centro; the committee has City Council Minutes 11 November 3, 2009 recommended approval of the 2010 budget; and stated IID did not raise their rates this year. CVAG Homelessness Committee - Council Member Franklin reported the Roy Wilson Resource Center is scheduled to open December 1 s`. Santa Rosa/San Jacinto National Monument Advisory Committee - Council Member Henderson stated she has completed her term on the committee; and it no longer needs to be listed on the agenda because it is not a City-appointed committee. CVAG Executive Committee -Mayor Adolph reported the Roy Wilson Resource Center has contracted with Jewish Family Services for operation of the facility, and they have agreed to a funding agreement with the Desert Healthcare District for a nurse station at the shelter. He further reported low bids were received for some of the I-10 interchange projects and hopefully there will be funds left to carry over to other interchange projects. SunLine Transit Agency -Mayor Adolph reported the Cities of Indio and Coachella have both proposed transit centers; and the Agency will have to consider what is best for the Valley. All other reports were noted and filed. 3-A. JANUARY 5, 2010 CITY COUNCIL/REDEVELOPMENT AGENCY MEETING. City Clerk Montecino presented the report. City Manager Genovese stated the meeting for January 5, 2010 will be scheduled to be a short meeting. After a brief discussion, Council concurred to continue with the scheduled meeting. Council Member Sniff suggested closing City Hall for the entire day on Thursday, December 24`" and December 315`. In response to Mayor Adolph, City Manager Genovese stated it would be a meet and confer item and would have to come back to City Council on a City Council Minutes 12 November 3, 2009 future agenda. consideration. Mayor Adolph requested the item be brought back for MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff commented on the art piece at the northeast corner of Highway 111 and Washington Street; and suggested staff negotiate with the artist for a solution to relocate or remove the art piece. Assistant City Manager-Development Services Evans stated staff has been working with the property owner on a compromise but the artist has not been responsive to date. Council Member Henderson suggested sending the artist a certified letter or visiting him at his home. City Manager stated he and Community Services Director Hylton have attempted to visit the artist, but is has been difficult to contact him. Mayor Adolph stated he asked The Desert Sun why they continue printing that the City is not addressing the issue, and the reporter has indicated he will put something in the newspaper to clarify the misconception the City is not addressing the issue. Mayor Adolph stated he attended the dedication of the new Shadow Hills High School in Indio, and presented a proclamation. ^ r * ~ r + x x Mayor Adolph commended the Sheriff's Department for working to raise funds for the Special Olympics organization at their fundraising event held last Saturday at Applebees Restaurant. Mayor Adolph referenced a call he received from the PGA West Homeowners Association wherein they commended Officer James for his diligence in investigating an incident between a vehicle and a couple of bicyclists. Council recessed to the Redevelopment Agency meeting to and until 7:00 p.m. City Council Minutes 13 November 3, 2009 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING A ONE-YEAR TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2007-866, A 13.791 ACRE BOUTIQUE HOTEL SITE (200 UNITS AND 259 KEYS) CONSISTING OF A 25,000 t SQUARE FOOT PARKING STRUCTURE AND 29 CONDOMINIUM HOTEL UNIT BUILDINGS CONTAINING A MEETING FACILITY, RESTAURANT, AND RESORT SPA ON PROPERTY LOCATED SOUTH OF AVENUE 52 AND EAST OF SILVERROCK WAY. APPLICANT: LOWE DESTINATION DEVELOPMENT (LDD- SILVERROCK, LLC. Planning Director Johnson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:01 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:02 p.m. RESOLUTION NO. 2009-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION OF SITE DEVELOPMENT PERMIT 2007-886 FORA 13.79 t ACRE BOUTIQUE HOTEL SITE (200 UNITS AND 259 KEYS) CONSISTING OF A 25,000± SQUARE- FOOT PARKING STRUCTURE AND 29 CONDOMINIUM HOTEL UNIT BUILDINGS CONTAINING MEETING FACILITY, RESTAURANT, AND RESORT SPA (LDD SILVERROCK, LLC.-. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2009-094 as submitted. Motion carried unanimously. City Council Minutes 14 November 3, 2009 ADJOURNMENT There being no further business, it was moved Sniff/Henderson to adjourn. Motion carried unanimously. Respec Ily submitted, G-'~~ VERONICA J ~ONTECINO, City Clerk City of La Quinta, California by Council Members