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2009 11 17 CC Minutes LA QUINTA CITY COUNCIL MINUTES NOVEMBER 17, 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 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. 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 Act-. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC Phil Stein, 75-973 Camino Cielo, Indian Wells, referenced a shopping center development planned by Dick Talbert at Avenue 48 and Washington Street and cautioned the City Council when conducting business with Mr. Talbert. Leticia Urguiza, 73-161 Fred Waring Drive Suite 100, Palm Desert, representing the American CancerlSociety invited the City Council to the Relay For Life event on April 16, 2010, and stated an event meeting is scheduled for November 30, 2009 at 1 1:30 a.m. j City Council Minutes 2 November 17, 2009 Steven Beck, 53-525 Avenida Juarez, rebutted a complaint made by Ms. Lundie regarding noise nuisance at his residence; and stated he has made accommodations regarding his dogs and bird but now feels he is being harassed. Patrick Lindop, 53-905 Avenida Vallejo, addressed a barking dog issue with his neighbor; and expressed concern about complying with the barking dog petition process. Council Member Henderson noted most residents have already communicated with their neighbors by the time they contact staff; and requested a comment from the City Attorney regarding the implementation of the barking dog petition process. City Attorney Jenson stated the petition process is not part of the Municipal Code; stated it was developed administratively by staff many years ago and is a common procedure utilized by municipalities. Council Member Henderson asked what the status of this situation would be if the petition process was eliminated. City Attorney Jenson explained the Code states a violation occurs after the dog owner has been warned orally or in writing that the dog is creating a disturbance of the peace; and stated it is hard to obtain a definitive standard and the barking dog petition process was developed in an effort to prove the complaint. Council Member Henderson stated she is not prepared to eliminate the procedure but suggested looking into an alternative method in addition to the petition procedure. City Manager Genovese stated staff can also make a determination by personal observation. Karen Lundie, 53-485 Avenida Juarez, spoke regarding Municipal Code Section 10.28.020 that deals with noise disturbances by animals; and noted the barking dog petition is not referenced or required in order for the Municipal Code to be enforced. She feels the petition is an undue burden on residents and releases City staff of their duty to enforce the Code; and questioned why staff refuses to accept her video tape for proof of the violations. She also referenced Municipal Code Section 11.08.040, and stated she has complained numerous times to the police about loud parties and music coming from two residences near her home. She feels it is irresponsible in a community so densely populated to make noise that can be heard at another resident's home. She requested the laws of the City be enforced. City Council Minutes 3 November 17, 2009 James Brooks, 53-665 Eisenhower Drive, stated he came to support Ms. Lundie based on the information he read in the newspaper; stated his neighbor has five dogs that are loud and charge at his fence but he has been hesitant to file a complaint because one of the residents is acquainted with animal control staff. He feels the allowable number of four dogs per household is high for this community; and suggested residents install a security system for crime control instead of using vicious dogs to deter people. Jane Johnson, 53-420 Avenida Mendoza, stated she had never seen so many dogs in a community until she moved here; and suggested the City focus on why there are so many dogs in the community if it is because of crime. She commented on a barking dog problem she has experienced with the neighbor's dog. Stan Davis, 77-295 Calle Colima, stated he lives across the street from Mr. Beck; all of his neighbors have two dogs and he does not have an issue with it; stated he has received three surveys recently from Animal Control staff and understands there is no barking dog issue. Council Member Henderson asked who conducted the surveys. Mr. Davis stated it was Animal Control. Joseph Doty, 53-460 Avenida Juarez, commented on other dogs barking in the neighborhood and stated it seems Ms. Lundie is targeting Mr. Beck; stated he has received numerous citations for noise as a result of Ms Lundie complaining when he plays his drums in the afternoon; stated the Cove area is afamily-oriented community where neighbors gather on occasion and the neighborhood feels they are prisoners of their own homes because of the police constantly responding to Ms. Lundie's calls. Mayor Adolph stated the City Council may wish to address this issue at a future meeting. City Attorney Jenson confirmed there are civil remedies to address these issues and explained residents can utilize the Municipal Code to bring a civil nuisance action against a neighbor. Council Member Sniff stated it may be useful to publish something in The Gem regarding options available to residents when dealing with these issues. In response to Mayor Adolph, Building & Safety Director Hartung confirmed the regulations in the Municipal Code are adequate to address these issues; stated staff has canvassed the neighborhood around Mr. Beck's home and none of the 8 residents contacted had an issue with his dogs barking; and noted video taping an animal may cause the dog to bark. City Council Minutes 4 November 17, 2009 Council Member Henderson asked how staff anticipates further handling of this problem. Building & Safety Director Hartung stated staff feels the next step would be for Ms. Lundie to consider filing a civil suit. In response to Council Member Franklin, Building & Safety Director Hartung confirmed complaints about barking dogs is primarily due to them being left outside unattended; and he explained staff procedures when a complaint is received and the use of the barking dog petition. CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None PRESENTATIONS The Mayor and City Council presented a birthday cake to Mariecar Mendoza, Staff Writer for The Desert Sun, on behalf of her staff. Council Member Henderson reported she attended the League of California Cities International Conference in San Antonio, Texas, where she was elected to the Board of Directors. Randy Hemingway, representing Desert Stars, LLC, presented a proposal for a cultural arts center. Council Member Henderson suggested he discuss the project with staff and staff report back to the City Council. Council Member Sniff commented on the need to be realistic in this economy and urged Mr. Hemingway to deal with financial practically. Council Member Franklin asked who owns the property proposed for this project. Mr. Hemingway stated Desert Recreation District has a 99-year lease on the property. City Council Minutes 5 November 17, 2009 In response to Council Member Evans, Stan Ford representing Desert Recreation District, stated the District has confirmed with the Bureau of Reclamation (BOR) that this project would be suitable on that site. In response to Council Member Franklin, City Attorney Jenson stated the property is within the County redevelopment project area. Council Member Franklin stated she agrees the project should be discussed with staff. Mayor Adolph asked if loud music complaints have been received regarding the Stagecoach Music Festival event. City Manager Genovese stated there has been a few but no formal complaints have been received; and stated some staff members live close enough to hear the noise from the event. Mayor Adolph asked if the natural terrain would be utilized as part of the project, to which Mr. Hemingway responded, "Yes." Mayor Adolph commented on limited road access to the site. Council Member Sniff suggested a practical business plan be prepared and presented to the City Council for review. In response to Council Member Evans, Mr. Hemingway stated they would not start the process of establishing a 501.31c) until the City's interest has been established. In response to Council Member Sniff, Mr. Hemingway stated they are not suggesting the City come up with S30 million for the project; a majority of the funds would be obtained through fundraising activities. WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Evans to approve the special Joint City Council/Commission minutes of October 27, 2009. Motion carried unanimously. MOTION - It was moved by Council Members Franklin/Evans to approve the City Council Minutes of November 3, 2009, as submitted. Motion carried unanimously. City Council Minutes 6 November 17, 2009 CONSENT CALENDAR (Note: Memos referencing minor corrections to Item Nos. 1 and 1 1 were distributed prior to the meeting.) 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 17, 2009. (See noted above.) 2. RECEIVE AND FILE TREASURER'S REPORT DATED SEPTEMBER 30, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED SEPTEMBER 30, 2009. 4. ADOPTION OF A RESOLUTION ACCEPTING CASH DONATIONS FROM RUTAN AND TUCKER, ROSENOW SPEVACEK GROUP, NAI CONSULTING, INC., AND TERRA NOVA PLANNING & RESEARCH, INC. FOR THE EMPLOYEE RECOGNITION BANQUET. (RESOLUTION NO. 2009-095) 5. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF 5100,000 FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF). 6. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) FOR PLAYGROUND REPLACEMENT AND INSTALLATION AT ADAMS PARK, FRITZ BURNS PARK, AND SEASONS PARK. 7. ACCEPTANCE OF COVE STREET SIGNAGE PROGRAM, PROJECT NO. 2008-12. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RGA LANDSCAPE ARCHITECTS, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE HIGHWAY 111 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-03. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS INSPECTION SUPERVISOR TO ATTEND THE 2010 LOCAL AGENCY RESIDENT ENGINEER ACADEMY IN SAN DIEGO, CALIFORNIA, FEBRUARY 23-26,2010. 10. ADOPTION OF A RESOLUTION IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010. (RESOLUTION NO. 2009-096) City Council Minutes 7 November 17, 2009 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSAI WITH THE DESERT CLASSIC CONCOURS d'ELEGANCE. (See note above.) 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC. (RESOLUTION NO. 2009-097) 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC. (RESOLUTION NO. 2009-098) 14. APPROVAL OF CONTRACT AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH GEO-ENVIRONMENTAL INC. TO PROVIDE GEOTECHNICAL SERVICES INCLUDING ROCK REMOVAL INSPECTION FOR THE PHASE III HIGHWAY 111 STREET IMPROVEMENTS, PROJECT NO. 2006-04. 15. APPROVAL OF THE EXECUTION OF A GRANT OF EASEMENT/PIPELINE(S) TO COACHELLA VALLEY WATER DISTRICT (CVWD) FOR DOMESTIC WATER AND PRIVATE SEWER ASSOCIATED WITH THE LA QUINTA FIRE STATION NO. 32. MOTION - It was moved by Council Members Evans/Franklin to approve the Consent Calendar as amended with Item Nos. 4, 10, 12, and 13 being approved by RESOLUTION NOS. 2009-095 through 2009-098 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2009. Finance Director Falconer presented the staff report. Council Member Henderson asked how the land value of SilverRock Resort is accounted for in the capital assets. Finance Director Falconer explained the land value of 536.8 million is included in the 542.8 million listed on page 42 and it includes improvements to the land that has been transferred to the SilverRock golf course and driving range; the value of the remaining acres is included on page 46. Mayor Adolph noted there was less than a half percent change in the General Fund balances between 2008 and 2009. Finance Director Falconer City Council Minutes 8 November 17, 2009 stated the City will have challenges in Fiscal Year 2009-2010 as surpluses are not expected. MOTION - It was moved by Council Members Sniff/Franklin to approve, receive, and file the Comprehensive Annual Financial Report for the Year Ended June 30, 2009. Motion carried unanimously. 2. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. 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 Sniff/Evans to appoint Council Member Franklin to serve on the Chamber of Commerce Workshop/Information Exchange Committee for three consecutive meetings, with Council Member Evans eligible upon the next rotation. Motion carried unanimously. 3. CONSIDERATION OF CITY COUNCIL APPROVAL TO CLOSE CITY HALL ON DECEMBER 24 AND DECEMBER 31, 2009. 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 Henderson/Franklin to approve closing City Hall the full day on both December 24 and December 31, 2009. Motion carried unanimously. 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES -DISCLOSURE CATEGORIES) OF THE LA Q.UINTA CHARTER AND MUNICIPAL CODE RELATIVE TO CONFLICT OF INTEREST CODE. There were no changes to the staff report as submitted and on file in the City Clerk Department. City Council Minutes 9 November 17, 2009 MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 475 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE N0. 475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020, RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 475 on first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS Jacqueline Cochran Regional Airport Authority -Council Member Franklin stated she does not have the attendance numbers on the air show but it was very well attended. C. V. Conservation Commission - Council Member Sniff reported there is an indication that the County will not be billing the City of Desert Hot Springs, which will basically solve their problem. CVAG Energy & Environmental Resources Committee - Council Member Sniff distributed a map indicating solar applications in the Valley which are concentrated in the east portion; stated there is a significant amount of activity to install solar energy on farms and there is a question of whether or not solar energy will be as successful as it is proposed to be; and stated there is beginning to be a concern on the impact to the habitat. Mayor Adolph stated he spoke to first grade students at Ben Franklin Elementary regarding government and displayed "Chestie" the bear. He also attended the grand opening of the La Quinta Country Club Clubhouse. City Council Minutes 10 November 17, 2009 All other reports were noted and filed. DEPARTMENT REPORTS -None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Henderson acknowledged staff, especially Building & Safety Director Hartung, for the Vista Dunes Courtyard Homes development; stated the City has received a tremendous amount of goodwill and advertisement because of this development and a number of awards have been received; and suggested the awards be preserved and displayed at the Vista Dunes clubhouse. Council Member Franklin suggested cancelling the second City Council meeting in December. Council Member Henderson stated she would be favorable to cancelling the meeting but there is pending action on the agenda that may necessitate a City Council meeting for December 15, 2009. Mayor Adolph suggested the City donate 50 turkeys to Martha's Kitchen and Village and the Coachella Valley Rescue Mission as donations are down this year. The City Council concurred. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None City Council Minutes 11 November 17. 2009 PUBLIC HEARINGS Mayor Adolph and Council Member Franklin recused themselves from participating in Item Nos. 1 and 2 due to a potential conflict of interest due to the close proximity of their residences to the project and they left the dais. 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PLANS FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE LOCATED ON THE WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC. There were no changes to the staff report as submitted and on file in the City Clerk Department. Richard Mills stated he does not feel the issues can be resolved by the December 15 City Council meeting; and outlined the following reasons why he supports a continuance: 1) 160 property owners did not receive public hearing notices; 2) the public hearing notices for the two separate public hearings were published on one document; and 3) the developer has misrepresented who attended an open house meeting to discuss this project. He questioned what the City Council expects to happen by December 15 and what can be done regarding the noticing process. Rob Bernheimer, 45-025 Manitou Drive, Indian Wells, representing Pyramid Group, requested the public hearings be continued to December 15, 2009, to allow the developer to meet with residents and inform them of the aspect of the project. He is hopeful that the issues can be resolved and stated the Pyramid Group is dedicated to work with the PGA West community. James Murphy, 54-580 Riviera, representing PGA West Master Association, spoke in support of continuing the public hearing but noted the City Council may want to consider the holidays when considering a continuance to January 5 or January 15, 2010. Gary Lesser, 81-640 Tiberon, agreed with continuing the public hearings to January 5, 2010 to allow time needed for communication between residents and the developer. He voiced concern that Pyramid is not prepared to provide information on the details of the project; stated he is confident that the residents would support the project if they understand it; and expressed concern about the unilateral approach made by Pyramid regarding communication. City Council Minutes 12 November 17, 2009 Planning Director Johnson stated approximately 2,900 notices were mailed to residents in PGA West; the mailings basically included the boundaries within Avenue 54, Madison Street, and Avenue 58 but he was not sure it included residents of the Norman Course. He noted the City is required to mail notices to properties within 500 feet of the subject property. He confirmed adouble-sided notice was mailed for the Planning Commission public hearing meeting; notices were also mailed for the City Council public hearing but continued public hearings are not re-noticed. In response to Mayor Pro Tem Henderson, he confirmed staff can post the continuance on the website. Council Member Evans stated the notification requirements have been complied with and she supports continuing the public hearing to December 15, 2009. Council Member Sniff stated he supports a continuance to December 15, 2009. MOTION - It was moved by Council Members Sniff/Evans to continue the public hearing to December 15, 2009. Mayor Pro Tem Henderson commented on progress being made over the last 30 days and stated she hopes progress will continue in the next 30 days. Motion carried by a vote of 3-0 with Council Member Franklin and Mayor Adolph absent. 2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2008-601; 21 APPROVAL OF SPECIFIC PLAN 83-002, AMENDMENT NO. 7; 3) APPROVAL OF TENTATIVE TRACT MAP 36139; AND 41 APPROVAL OF SITE DEVELOPMENT PERMIT 2008-907 IN ORDER TO SUBDIVIDE THE PROJECT SITE AND CONSTRUCT THE PGA WEST GOLF VILLAS, A 54- UNIT RESIDENTIAL DEVELOPMENT CONSISTING OF SINGLE FAMILY ATTACHED DUPLEX UNITS AND COMMUNITY CENTER FOR PROPERTY LOCATED ON THE WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC. There were no changes to the staff report as submitted and on file in the City Clerk Department. City Council Minutes 13 November 17, 2009 MOTION - It was moved by Council Members Sniff/Evans to continue the public hearing to December 15, 2009. Motion carried by a vote of 3-0 with Council Member Franklin and Mayor Adolph absent. Mayor Adolph and Council Member Franklin returned to the meeting. 3. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2010-2011. Planning Director Johnson presented the staff report. Council Member Henderson asked if the City ever receives more than the estimated amount. Planning Director Johnson stated it varies each year but the last two years have been a lower amount. He stated staff works with the County on the estimates and makes sure the applicants are aware that they are estimates. Council Member Henderson suggested if a higher amount is received that this item be brought back to consider those who were not awarded. Planning Director Johnson stated if the amount is higher, it is not likely to be much and there is a 510,000 minimum; and stated staff would probably recommend adding the excess to the current projects. In response to Mayor Adolph, Planning Director Johnson confirmed the City has been able to rely annually upon the funding to use it for capital and community services projects. The Mayor declared the PUBLIC HEARING OPEN at 7:27 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED AT 7:27 p.m. RESOLUTION NO. 2009-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2010-2011. It was moved by Council Members Sniff/Franklin to adopt Resolution No. 2009-099 as submitted. Motion carried unanimously. City Council Minutes 14 November 17, 2009 ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respec ully submitted, ~~~ VERONICA J. ONTECINO, City Clerk City of La O nta, California