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2010 01 19 CC MinutesLA QUINTA CITY COUNCIL MINUTES JANUARY 19, 2010 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 Chief of Police, Rodney Vigue, on matters posing a threat to the security of public buildings, pursuant to Government Code Section 54957. 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 COMMENT -None CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None PRESENTATIONS -None City Council Minutes 2 January 19, 2010 WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM RANDY REYES, STING-REY, LLC, DATED JANUARY 13, 2010, REQUESTING HOSTING A MARIACHI FESTIVAL AT SILVERROCK RESORT. Council Member Henderson stated there is insufficient information to know if the facility can accommodate this type of event and suggested referring the matter to staff. City Manager Genovese stated staff met with Sting-Rey, LLC last week but can pursue further discussions with them. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Franklin to approve the City Council Minutes of January 5, 2010, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 19, 2010.. 2. RECEIVE AND FILE TREASURER'S REPORT DATED NOVEMBER 30, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED NOVEMBER 30, 2009, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2009. 4. APPROVAL TO EXCUSE COMMISSIONER JOAN BIEGEL'S ABSENCE FROM THE FEBRUARY 8, 2010 COMMUNITY SERVICES COMMISSION MEETING. 5. APPROVAL OF A CONTRACT EXTENSION WITH LANDMARK GOLF MANAGEMENT, LLC THROUGH JUNE 30, 2013. 6. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE FRIENDS OF THE LA QUINTA LIBRARY. (RESOLUTION NO. 2010-004 1 7. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DOMINY AND ASSOCIATES ARCHITECTS FOR DESIGN SERVICES ASSOCIATED WITH FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE 1 OF THE CORPORATE YARD, PROJECT NO. 2007-08. City Council Minutes. 3 January 19, 2010 8. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY BOARD TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 21, MARCH 18, MAY 20, JUNE 17, SEPTEMBER 16, AND NOVEMBER 18, 2010, FROM 8:00 A.M. TO 5:00 P.M. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY REA DAY SPA SALON - DATE OF LOSS: JULY 23, 2009. 10. DENIAL OF CLAIM FOR INDEMNITY AGAINST THE CITY OF LA QUINTA FILED BY COACHELLA VALLEY WATER DISTRICT ON DECEMBER 10, 2009. 11. DENIAL OF CLAIM FOR DAMAGES FILED BY MATT JERVIS -DATE OF LOSS: NOVEMBER 28, 2009. 12. APPROVAL OF NOTICE TO LOUIS DEMARTINO TERMINATING ART PURCHASE AGREEMENT AND NOTICE OF INTENT TO PERMANENTLY REMOVE AND DISPOSE OF ARTWORK LOCATED AT ONE ELEVEN LA QUINTA SHOPPING CENTER. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE PLANNING COMMISSION AND THE- PLANNING DIRECTOR TO ATTEND THE 2010 PLANNERS INSTITUTE IN MONTEREY, CALIFORNIA, MARCH 24-26, 2010. 14. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING IN SACRAMENTO, CALIFORNIA, JANUARY 21, 2010. 15. ACCEPTANCE OF LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02. MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and with Item No. 6 being approved by RESOLUTION NO. 2010-004. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF INCLUSION OF AN 8.99-ACRE PARCEL LOCATED SOUTH OF THE FRED WOLFF BEAR CREEK NATURE PRESERVFi. Community Services Director Hylton presented the staff report. City Council Minutes 4 January 19, 2010 Council Member Sniff asked if there is any intervening street or trail between the two pieces of property. Community Services Director Hylton explained there is a trail connection from Calle Chilton to the open space area. Council Member Sniff asked if there is any potential reason for the added property to be a problem. Community Services Director Hylton explained staff does not see any potential problems or changes in the use of the open space. Council Member Sniff asked if there has been any indication the Stewards of the Fred Wolff Bear Creek Nature Preserve have any desire to add plants or rocks to the area. Community Services Director Hylton confirmed they would need approval by the City Council. Council Member Henderson stated she sees no reason not to proceed; and inquired about the underline zoning or land use classification. Community Services Director Hylton stated her understanding is that it is designated as recreational use. City Manager Genovese stated he believes it is zoned for park use. Council Member Evans stated she is happy to see the addition of the property. Council Member Sniff inquired if there will be provisions made for public parking. Community Services Director Hylton stated most of the use is by residents of the Cove and explained there is public parking at Calle Ensenada, and a natural parking space at the top of the Cove. Mayor Adolph asked if any of the land to the west or the north of the preserve is privately owned or owned by the Bureau of Land Management (BLM). Community Services Director Hylton explained the property to the west of the preserve is owned by Coachella Valley Water District (CVWD) and the property directly across the storm drain from the added parcel is owned by BLM. City Manager Genovese explained there is no privately- owned land adjacent to the subject property but there is private property further north of the preserve. Mayor Adolph expressed concern about potential problems if there was privately-owned land adjacent to the preserve. In response to Council Member Sniff, City Manager Genovese confirmed the western boundary of the City does not reach the base of the mountain. City Council Minutes 5 January 19, 2010 MOTION - It was moved by Council Members Henderson/Franklin to approve the inclusion of an 8.99-acre parcel south of the Preserve into the Fred Wolff Bear Creek Nature Preserve. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF TRANSPORTATION FUNDING OPTIONS RELATED TO THE COACHELLA VALLEY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM. Public Works Director Jonasson presented the staff report. Engineering Consultant Nick Nickerson presented an extensive background and overview of the program. Council Member Sniff stated traffic highway improvements benefit all travelers in the Coachella Valley and not just one particular community. He asked if Mr. Nickerson is under contract with both the City of La Quinta and the Coachella Valley Association of Governments (CVAG) and inquired which entity he is representing at this time. Consultant Nickerson confirmed he is under contract with both agencies and currently representing the City. Council Member Franklin thanked staff for an excellent presentation and requested further explanation of the "maintenance of effort." Consultant Nickerson explained the program further. Council Member Evans asked if other participating cities have met their "maintenance of effort" formula. Consultant Nickerson confirmed, and explained if the "maintenance of effort" is not met, the Measure A sales tax funds would be distributed to the other participating agencies the next year. Council Member Franklin asked what funds are allocated for "maintenance of effort." Consultant Nickerson explained it is paid from General Fund monies as part of the Public Works operating budget. Council Member Henderson asked if the maintenance cost has been projected. Consultant Nickerson stated, "No." Council Member Henderson stated the "maintenance of effort" cost is one reason the City did not participate in the Transportation Uniform Mitigation Fee (TUMF) previously. Consultant Nickerson explained the City can use Measure A funds toward the maintenance and improvement costs; and stated that over the next 30 years the need for additional street maintenance and improvements will grow. Council Member Henderson stated if the City joins the TUMF City Council Minutes 6 January 19, 2010 program, it would be required to spend more than the 51.1 million projected cost for maintenance. Consultant Nickerson agreed. Council Member Evans expressed appreciation for the -staff report and presentation and asked if there is an existing list of regional arterial roads under Measure A. Consultant Nickerson explained there is a list and CVAG is in the process of updating the prioritization study and cost estimate. Council Member Evans asked what funding did the City not obtain from CVAG that might help off-set the potential shortfall. Consultant Nickerson stated he estimates the City has spent 57.9 million for eligible improvements and the City probably should have requested a reimbursement agreement from CVAG for those improvements. Council Member Henderson asked if we are under the distinct impression that we are going to be asked to make up the shortfall. Consultant Nickerson explained CVAG has tracked each improvement the City paid to construct. Mayor Adolph stated most of the city representatives on the CVAG Executive Board are supportive of the other cities; stated the City Council made the right decision 20 years ago not to .participate in the TUMF program; and he assumes CVAG will work with the City in giving credit toward the shortfall. He then asked for staff's recommendation on how the City should proceed. Consultant Nickerson stated he feels it is in the City's best interest to get the sales tax for the next 30 years because the City is 71 % built-out and will benefit from sales tax revenue, which can be used to maintain the City's road system. Mayor Adolph stated there are many particulars that must be considered before making a decision whether to participate in the TUMF program. Council Member Sniff stated he is not sold on the program and questions staff being able to forecast future. sales tax; stated the City Council has done very well by proceeding independently; does not see a compelling reason to participate in the program; and stated he cannot support the program due to a lack of a compelling reason to participate. Council Member Henderson stated there is no question the right decision was made 20 years ago; need to find out what the next step may be; and conveyed appreciation for the presentation. Council Member Franklin asked from what part of the budget would the shortfall be allocated if it has to be paid. City Manager Genovese explained it would come from future revenues. City Council Minutes 7 January 19, 2010 Mayor Adolph stated the City is one of the highest contributors to Measure A. Council Member Sniff stated he does not have a problem receiving more information but does not want to consider any confirmation of participating in the program at this time. Council Member Henderson stated staff can provide additional information for further discussion and possible direction to staff. In response to Council Member Sniff, City Manager Genovese stated La Quinta is the only city that does not participate in the TUMF program. Council Member Henderson asked if this matter has been submitted to CVAG subcommittees. City Manager Genovese explained it is up to CVAG staff to present this matter to the subcommittees; it would be up to the City Council to decide to submit an application for the program to be considered by the subcommittees. Consultant Nickerson explained staff has nearly exhausted their discussion of this matter with CVAG staff. Mayor Adolph asked if staff is aware of what recommendation would be made to the Executive Board. Consultant Nickerson explained CVAG would most likely submit this matter to the City Managers' Committee for review; and stated the next step would be to obtain CVAG's opinion and bring it back to the City Council for further discussion. City Attorney Jenson stated the agreements do not anticipate the shortfall and she feels it is very odd to apply funds generated from the old Measure A program to the new one. She stated the agreement has conditions to re- enter should a city withdraw from the program, but she has not seen anything to support a claim for the payment of a shortfall in the agreement; and stated the City Council could come to some resolution based on credits to avoid an issue or you could adopt the program, send the collected fees to CVAG, and request the funding. Council Member Henderson asked if it is time to conduct some political meetings. Consultant Nickerson stated it would be ihteresting to see how Riverside County Transportation Commission's (RCTC) legal counsel interprets the rules. City Council Minutes 8 January 19, 2010 City Manager Genovese stated staff can investigate the rules but part of it is going to come down to the political role of the issue if the City Council wishes to participate in the program. Council Member Henderson asked if the City Attorney is prepared to give a definitive opinion. City Attorney Jenson stated she is willing to contact RCTC counsel or County counsel and investigate the provisions of the agreement for repayment of the shortfall. The City Council concurred. 2. DISCUSSION OF LA G?UINTA MUNICIPAL CODE SECTION 9.160.060 - PERMITTED TEMPORARY SIGNS. In response to Mayor Adolph, Council Member Evans stated she requested this matter be brought back for discussion because she was not present when the changes. were made to the ordinance in 2009; and requested staff to identify the changes and the implications of prohibited temporary signs. Planning Director Johnson explained the amendment affects the size of directional and non-profit informational signs, prohibits placement of political signs within the public right-of-way, and reduces the duration of placement from 60 to 45 days. Council Member Henderson asked where the signs can be placed. Planning Director Johnson stated they are limited to private property. Mayor Adolph asked if Council Member Evans is clear where the signs are allowed to be posted. Council Member Evans confirmed. Council Member Sniff stated he has no problem looking at the current ordinance and what is specifically prohibited; requested this item be brought back to discuss the reasonable amount of signs posted during a reasonable period of time; and would like to take another look and discuss possible amendments to the ordinance. Mayor Adolph stated the City did not spent hundreds of thousands of dollars to beautify the City to have signs posted in the landscaped areas; stated he views the signs as eye pollution, and commented on.the number of illegal signs picked up by Code Compliance. Council Member Sniff stated he understands Mayor Adolph's concern but stated the reason many signs were removed by Code Compliance may be due to the ordinance being overly restrictive; stated the posting of signs City Council Minutes 9 January 19, 2010 throughout the city enables unknown candidates to compete fairly with incumbents. Mayor Adolph conveyed disagreement with Council Member Sniff's points. Council Member Henderson stated she recalls the motion made by former Council Member Kirk to amend the ordinance and prohibit posting temporary signs in the right-of-way; there are a number of communities that have adopted the prohibition; and the problem has been to coordinate the regulation of temporary directional signs and political signs. Council Member Sniff requested this matter be brought back for discussion and possible amendment. Council Members Evans and Franklin concurred. City Attorney Jenson stated this item can be brought back for Council approval to initiate proceedings to take action as a public hearing item. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission -Council Member Franklin reported a guest requested support from the Commission to establish permit requirements for groomers; and another guest announced an event was held last weekend which received national attention for their efforts to spay/neuter and vaccinate as many dogs and cats as they could accommodate. Jacqueline Cochran Regional Airport Authority -Council Member Franklin reported new landing fees will be implemented with the funds going to the County; due to the economy, the committee has postponed building a new terminal; and she announced Taxi Way G is under construction and scheduled to be open February 1, 2010. Chamber of Commerce Workshop/Information Exchange Committee - Council Member Franklin announced the Rod and Custom Car Show will be held on January 31,-2010; Main Street will be closed for the Taste of La Quinta on February 20th; and the Chamber received 61 new members since July 2009 but has 126 non- renewal memberships. C. V. Mountains Conservancy -Council Member Franklin reported the committee has appointed a new Chair and Vice Chair; and adopted a resolution supporting the designation of a portion of Highway 74 as Roy Wilson Highway. CVAG -Council Member Sniff stated the dedication of the highway was discussed at a CVAG committee and it was determined that the portion to be dedicated is City Council Minutes 10 January 19, 2010 four .miles long; and stated Executive Director Tom Kirk announced $2 million in stimulus funds has been discovered in the budget and will be partly applied toward the multi-species admission fee for the City of Desert Hot Springs. CVAG Transportation Committee - Council Member Henderson reported the Committee approved the formula for participation of the Dune Palms Road bridge project: League of California Cities /National League of Cities -Council Member Henderson reported the National Board is advancing similar policies as the League of California Cities has been implementing; relayed the message of providing funding for energy efficiency block. grant programs, authorize a new Federal surface transportation program, and stabilize the housing market and strengthen neighborhoods, all to be given directly to the cities and bypass the State; reported the League is moving forward with the initiative and petitions are out for signatures. Palm Springs Desert Community Resorts Convention and Visitors Authority - Council Member Evans reported the JPIA approved the bylaws with an outstanding issue by two cities, Palm Desert and Indio, who have requested County Counsel to review the Business Improvement District (BID) funds and whether the HIBC has authority over the funds; and stated the City of Palm Desert has until March 2010 to determine their participation. Bob Hope Classic Fund Distribution Committee - Mayor Adolph thanked the members of the City Council who attended the breakfast held on Monday, January 18, 2010, wherein S 1.5 million was disbursed to charities; stated three new charities were added, including Alvie Pearson's Home for the Boys and Olive Crest. Council Member Evans stated the City has received great publicity on the event. All other reports were noted and filed. DEPARTMENT REPORTS -None MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph conveyed disappointment with the seating assigned to the City of La Quinta at the Gala Ball event, noting it was not premier seating as stipulated in the agreement between the City and the Bob Hope Classic City Council Minutes 11 January 19, 2010 Council Member Henderson stated the table was set-up for 12 when seating for 10 would have been more comfortable. Council Member Sniff stated the speed humps installed on Avenida Bermudas have no consistency on the street; and questioned why they were designed as such. Public Works Director Jonasson explained the speed humps have been installed prior to installation of the raised sidewalks and pavers. Council Member Henderson requested the speed hump in front of the post office be removed or modified. Council recessed to the Redevelopment Agency meeting. 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING A THIRD EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2003-074 AND SITE DEVELOPMENT PERMIT 2003-762, A SENIOR RETIREMENT COMMUNITY CONSISTING OF INDEPENDENT LIVING UNITS, ASSISTED LIVING UNITS, AND EXTENDED CARE ON 14t ACRES LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. APPLICANT: WSL LA QUINTA, LLC, C/O WEST LIVING, LLC. Planning Director Johnson presented the staff report; and reported the applicant is in agreement with all conditions of approval, except Condition No. 91b-. He stated staff is in agreement with the modification suggested by the applicant. Mayor Adolph asked if there is a maximum number of time extensions allowed. Planning Director Johnson explained the Municipal Code does not address the number of extensions to be allowed, and the number of extensions approved is the City Council's decision. City Council Minutes 12 January 19, 2010 Council Member Henderson asked if other extensions have been granted to the applicant. Planning Director Johnson stated this is the third request for an extension from this applicant. The Mayor declared the PUBLIC HEARING OPEN at 7:08 p.m. John Rimbach, President of West Living, stated they acquired the property in December 2008 and are working to study and modify the plan to move the project forward and find financing. Council Member Evans asked if aresident-interest list was initiated when the project was originally approved and if there is still a need for this type of product. Mr. Rimbach explained there is a need and they have proposed rental property as opposed to membership as there is need for this type of product. Council Member Henderson stated entitlements improve the value of the land and hopes the developer has not acquired the property to benefit from the entitlements. Mr. Rimbach explained the developer is committed to move forward with the project and change from a membership to a rental model; and further explained State law required 50% of the units be presold under membership and the applicant has changed to renting the units to allow residents to move in faster. Council Member Henderson asked how the- rental of the units works. Mr. Rimbach explained residents would choose an apartment and pay for the rental and any optional services desired such as meals or housekeeping. In response to Council Member Evans, Mr. Rimbach stated the applicant will continue to provide all levels of care within the community; and will not be requiring an entry fee model to allow affordability for renting the units. Mayor Adolph stated there is a definite need for this type of service in the community. Mr. Rimbach stated he is looking forward to providing this service in the City. '~~. There being no further requests to speak, t~l'ie Ma~i`o~~declared the p116NC HEARING CLOSED at 7:16 p.m. ~:~ . City Council Minutes 13 January 19, 2010 RESOLUTION NO. 2010-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A THIRD TIME EXTENSION TO CONDITIONAL USE PERMIT 2003-074 FOR A SENIOR RETIREMENT COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 (WEST LIVING, LLC). It was moved by Council Members Henderson/Evans to adopt Resolution No. 2010-005 as submitted. Motion carried unanimously. RESOLUTION NO. 2010-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A THIRD TIME EXTENSION FOR DEVELOPMENT PLANS FOR A SENIOR RETIREMENT COMMUNITY ON 14* ACRES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. (SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 - WEST LIVING, LLC). It was moved by Council Members Henderson/Evans to adopt Resolution No. 2010-006 as amended, amending Condition No. 9(b) to allow for deceleration lane dedications at the time of project construction, based upon the approved plans, or as approved by the City Engineer. Motion carried unanimously. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. submitted, VERONICA ~ONTECINO, City Clerk City of La Quanta, California