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2010 09 21 CC MinutesLA QUINTA CITY COUNCIL MINUTES SEPTEMBER 21, 201-0 A regular meeting of the La Quinta City Council was called to order at the hour of 4:00 p.m. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None CLOSED SESSION -None PLEDGE OF ALLEGIANCE Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT -None CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None PRESENTATIONS Mayor Adolph presented a proclamation to Battalion Chief Blakemoore in honor of Fire Prevention Week. Joanna Wickman, Museum Manager, and Beth Foley, Manager of the La Quinta Library, presented the quarterly report. Council Member Henderson commended staff for the programs at the library and museum, and commented on the circulation numbers and cards issued at the library. City Council Minutes 2 September 21, 2010 Mayor Adolph stated he visited the LSSI booth at the League of California Cities conference last week; and he read an excerpt from their brochure identifying La Quinta Library as one of the most attended libraries managed by LSSI. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM THE PRESTIGE AT PGA WEST- DATED SEPTEMBER 2, 2010. Mark Weissmann, Tournament Director of the Prestige at PGA West, stated the Prestige Tournament is .one of the top permanent collegiate golf tournaments in the nation; the tournament yields much support from many Fortune 500 companies and the corporate presidents stay in La Quinta during the tournament; and stated the Junior Clinic is ranked among the best in the nation. He explained PGA West has strong ties with the media; and announced Stanford University is the co-host university this year. Mike Kelly, Executive Director PGA West; spoke in support of funding the event; and stated PGA West is petitioning the City Council for a small grant to help fund the tournament. Council Member Franklin noted the grant application period has ended and asked why they are asking for funding at this time. Mr. Kelly explained PGA West exhausted all funding sources before requesting funds from the City. Council Member Franklin asked what funding source could be used to grant the request. Council Member Evans noted this is not -the first time PGA West has requested grant funding after the application process. In response to Mayor Adolph, Mr. Kelly stated tournament attendees stay in La Quinta and their participation increases each year. Mr. Weissmann stated the organization receives letters each year from sponsors and read from a letter that stated the collegiate tournament is second to none in the nation. In response to Council Member Evans, Community Services Director Hylton stated the organization was awarded a Community Services Grant in Fiscal Year 2008-2009, and another time prior to 2008; and stated this would be the third time a grant is awarded and clarified the amount- requested at this time is 55,000. City Council Minutes 3 September 21, 2010 Council Member Henderson stated she appreciates the organization keeping their grant request at a reasonable amount. Council Member Sniff conveyed support for providing a grant as there is value to the City; and requested the item be placed on the next agenda. Council Member Evans asked if action could be taken at this time. City Attorney Jenson advised there would be no Brown Act violation if the City Council chose to take action at this time, but the City Council policy stipulates that action is usually not taken on Written Correspondence items. The City Council concurred to schedule this matter for the October 5, 2010 agenda. 2. WRITTEN CORRESPONDENCE FROM THE DESERT VALLEYS BUILDERS ASSOCIATION DATED AUGUST 2, 2010. Allan Levin, representing Desert Valley Builders Associates, requested the City consider entering into a contract with them for management and maintenance of the directional signs in the City. He commented on the history of the former Desert Chapter of the Building Industry Association (BIA); and noted the former officers and board members are now officers and board members of the Desert Valleys Builders Association. The BIA members who were previously involved with administering the sign program are no longer with the BIA. He stated all of the officers and board members live and work in the Valley; and all revenue derived from the sign program would be utilized in the Valley. Council Member Sniff asked who currently owns the signs. Mr. Levin explained signs were owned by the Desert Chapter of the BIA, which has since been incorporated into the Riverside Chapter of the BIA. Council Member Sniff asked if any action was taken to transfer ownership to the Riverside Chapter. Mr. Levin explained the parent organization of the BIA revoked the Desert Chapter and gave all assets to the Riverside Chapter. Council Member Sniff expressed concerns about potential legalities; and suggested any tangible evidence of the transfer of ownership be presented to the City Council at a future meeting for review and possible action. Mr. Levin explained ownership of the signs would not be transferred; the signs would be removed by the Riverside Chapter of the BIA and the Desert Valley Builders Association would install new signs. City Council Minutes 4 September 21, 2010 Council Member Franklin asked the City Attorney to explain the 30-day period established in the agreement. City Attorney Jenson explained there is provision fora 30-day cancellation notice which would require removal of the signs. She stated she is unclear on whether the agreement has been terminated since the entity the agreement was with no longer exists. She stated the City of Palm Desert has determined-their agreement no longer exists. Council Member Henderson conveyed support for bringing this item back on a future agenda. Mayor Adolph asked about the organization's financial ability to install new signs. Mr. Levin stated the organization would contact the builders who have advertisements on the signs and establish new signs. Council Member Sniff requested the City Attorney review this matter. Mark Knorriaga, 77-530 Springfield Lane, Palm Desert, Chief Executive Officer of Riverside County Chapter of the BIA, stated the signs are part of the corporate assets of the BIA and there is no assignment; the current advertisers have not complained about the program; and the Desert Valley Builders Association began an attempt to .control the area in June 2010. He explained the BIA has owned and operated kiosks in the Western Riverside for over 20 years; rebutted comments made by Mr. Levin; and requested the City Council postpone scheduling this matter until at least the October 19, 2010 agenda Council Member Henderson stated the industry is well aware of the stature of the BIA in local communities; conveyed disappointment that this matter has arisen; stated the City has a strong relationship with the local building community and favors supporting local entities. Mr. Knorriaga stated he has been involved in resolving this matter and this is an unfortunate turn of events; and noted the BIA were defendants in the lawsuit. The City Council concurred to schedule this item for the October 5, 2010 agenda as a business session item. APPROVAL OF MINUTES MOTION - It was moved by Council Members Evans/Franklin to approve the City Council Minutes of August 3, 2010, as submitted. Motion carried unanimously. City Council Minutes 5 September 21, 2010 CONSENT CALENDAR Council Member Evans recused herself from participating in Item No. 22 due to a potential conflict of interest because of the proximity of the project to her residence. 1. APPROVAL OF DEMAND REGISTERS DATED AUGUST 17, SEPTEMBER 7, AND SEPTEMBER 21, 2010. 2. RECEIVE AND FILE TREASURER'S REPORTS DATED JUNE 30 AND JULY 31, 2010. 3. RECEIVE AND FILE REVENUES & EXPENDITURES REPORTS DATED JUNE 30 AND JULY 31, 2010. 4. ADOPTION OF A RESOLUTION AND FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH LA QUINTA CITY EMPLOYEES' ASSOCIATION REGARDING BENEFITS CONTRIBUTION. (RESOLUTION NO. 2010-056) 5. DENIAL OF CLAIM FOR DAMAGES FILED BY DUNA LA QUINTA HOA - DATE OF LOSS: JULY 22, 2010. 6. ADOPTION OF A RESOLUTION REGARDING BENEFITS CONTRIBUTION FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES. (RESOLUTION NO. 2010-057) 7. APPROVAL OF AN APPROPRIATION OF FUNDS, AND CONTRACT CHANGE ORDER NO. 2 WITH VINTAGE ASSOCIATES FOR PROJECT NO. 2009-20, PARK LANDSCAPE MAINTENANCE SERVICES. 8. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. 9. APPROVAL OF AN EXTENSION TO THE MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING SCHOOL RESOURCE OFFICERS. 10. ACCEPTANCE OF GRANT APPLICATION TO THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR THE SOBRIETY CHECKPOINT MINI-GRANT PROGRAM 2010-2011. City Council Minutes 6 September 21, 2010 11. ACCEPTANCE OF GRANT APPLICATION TO THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR THE 2011 NEXT GENERATION CLICK IT OR TICKET (CIOT) MINI-GRANT PROGRAM. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE HUMAN RESOURCES/RISK MANAGER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL RISK MANAGEMENT CONFERENCE HELD IN SANTA BARBARA, OCTOBER 27-29, 2010. 13. 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. 2010-058) 14. APPROVAL OF THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE THE ADAMS STREET, MILES AVENUE, AND DUNE PALMS ROAD SIGNAL INTERCONNECT IMPROVEMENTS FOR BID, PROJECT NO. 2009-24. 15. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 35996, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2010-059) 16. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES 2010 CONGRESS OF CITIES CONFERENCE AND THE NATIONAL LEAGUE OF CITIES BOARD MEETING TO BE HELD NOVEMBER 30 TO DECEMBER 4, 2010 IN DENVER, COLORADO. 17. APPROVAL OF THE 2010 CONFLICT OF INTEREST CODE BIENNIAL NOTICE. 18. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR MATERIALS TESTING SERVICES. 19. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP NO. 36269, KOMAR DESERT PROPERTIES, LLC. (RESOLUTION NO. 2010-060) 20. APPROVAL OF A LETTER OPPOSING AB 1955 (DE LA TORRE) ELECTED OFFICIALS: CHARTER CITIES. 21. APPROVAL OF THE DESERT CLASSIC CHARITIES LICENSE AGREEMENT FOR THE BOB HOPE CLASSIC. City Council Minutes 7 September 21, 2010 22. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE PHASE II WASHINGTON STREET DRAINAGE IMPROVEMENTS, PROJECT NO. 2010-08. (See separate action below.) 23. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE NEW TRAFFIC SIGNAL AT THE INTERSECTION OF MADISON STREET AND AVENUE 54, PROJECT NO. 2009-23. 24. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TRI-STATE LAND SURVEYORS & CIVIL ENGINEERS, INC. FOR CONSTRUCTION SURVEYING SERVICES. 25. APPROVAL OF A REQUEST BY THE CHAMBER OF COMMERCE TO UTILIZE THE COUNCIL CHAMBERS FOR A CANDIDATE'S FORUM ON SEPTEMBER 30, 2010. 26. APPROVAL OF THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE THE EISENHOWER DRIVE AND CALLE TAMPICO SIGNAL INTERCONNECT IMPROVEMENTS FOR BID, PROJECT NO. 2009-22. 27. APPROVAL OF RATIFICATION OF ASSISTANT CITY MANAGER'S APPROVAL OF CONTRACT CHANGE ORDER FOR PARSAM CONSTRUCTION, INC. FOR THE LAGUNA DE LA PAZ SOUND WALL PROJECT NO. 2008-01. 28. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LANDMARK CONSULTANTS, INC. FOR MATERIALS TESTING SERVICES. 29. ACCEPTANCE OF COLONEL PAIGE MIDDLE SCHOOL SPORTS FIELD LIGHTING, PROJECT NO. 2008-06, APPROVAL OF AN APPROPRIATION OF FUNDS, AND CONTRACT CHANGE ORDER NO. 1 WITH TSR CONSTRUCTION AND INSPECTION. 30. APPROVAL OF RATIFICATION OF CITY MANAGER APPROVAL OF CONTRACT AMENDMENT NO. 3 FOR DAVID EVANS & ASSOCIATES, INC., MILES AVENUE LANDSCAPE IMPROVEMENTS, PROJECT NO. 2007-16. City Council Minutes 8 September 21, 2010 MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and amended with the exception of Item No. 22 and with Item Nos. 4, 6, 13, 15, and 19 being approved by RESOLUTION NOS. 2010-056 through 2010-060 respectively. Motion carried unanimously. Item Nn_ 22c MOTION - It was moved by Council Members Sniff/Henderson to approve Consent Item No. 22, approving a Request for Proposals to obtain professional engineering services to prepare the plans, specifications, and engineer's estimate of probable construction costs for the Phase II Washington Street Drainage Improvements, Project No. 2010-08. Motion carried 4-0, Council Member Evans absent. BUSINESS SESSIO 1. CONSIDERATION OF APPOINTMENT OF A MEMBER TO THE BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE. There were no changes to the staff report as submitted and on file in the City Clerk Department. Council Member Evans suggested Council Member Franklin be appointed to the committee. Mayor Adolph suggested postponing the appointment until after the November 2, 2010, General Municipal Election. City Manager Genovese explained the materials for the meeting would be distributed in October. Community Services Director Hylton confirmed the first meeting will be held in October. Council Member Henderson expressed uncertainty that an urgency exists to make the appointment at this time. Community Services Director Hylton explained the materials are distributed to the different groups involved with the Bob Hope Classic as early as October. MOTION - It was moved by Council Members Evans/Henderson to appoint Council Member Franklin to serve on the Bob Hope Classic Fund Distribution Committee. Motion carried unanimously. City Council Minutes 9 September 21, 2010 2. CONSIDERATION OF 1sT QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. Community Services Director Hylton presented the staff report. Council Member Henderson asked if applications not approved during the 1s` quarter would be eligible to be considered during the next quarter. Community Services Director Hylton confirmed and explained all applicants were eligible for a grant. Council Member Henderson asked why the Animal Samaritans application wasn't included in the recommendation. Mayor Adolph explained 14 applications totaling 570,000 were reviewed and it was not prudent to award all grant requests from a budget of 5100,000 for the entire fiscal year. Council Member Henderson stated she is willing to wait until the next quarter to reconsider the Animal Samaritans' request. Council Member Franklin explained the application from Animal Samaritans indicated a small number of people are serviced in La Quinta compared to the other applications. Council Member Sniff asked if the unfunded applications are carried over or if they must apply again to be considered during the next quarter. Community Services Director Hylton explained a new application would need to be submitted. City Attorney Jenson reminded the City Council that any member having an affiliation with any of the applicants must disclose it before voting. Richard DeSantis, 73-647 Sun Lane, Palm Desert, representing Act for MS, asked for reconsideration of their grant request; explained they have 13 clients in La Quinta and have spent 558,531 for services to residents in La Quinta; and further explained the programs cost 54,500/person to assist disabled residents to remain mobile. Lee Osborne, 43-671 Encino Court, representing the Chamber of Commerce; explained their request fora 512,000 grant is for payment of rent to the City; stated the organization continues to reduce costs and expenditures; all funding received remains in the city and is good for the business community; and further stated the grant would be utilized to make payment of the rent directly back to the City. City Council Minutes 10 September 21, 2010 MOTION - It was moved by Council Members Henderson/Franklin to approve the following Community Services Grant requests: Soroptimist International of La Quinta, 55,025; Boys & Girls Club of Coachella Valley, 55,000; Family YMCA of the Desert, 55,000; Osher Lifelong Learning Institute, 52,700; Benjamin Franklin Elementary-Physical Education Department, 52,500; Tools For Tomorrow, 52,000; and La Quinta High School Boys Soccer Team, 52,000. Motion carried unanimously. Mayor Adolph suggested a new lease agreement be made with the Chamber of Commerce for S1 per year to eliminate the continual requests of grants; and noted the grant program was created to provide funding for charities in need that service the community. Council Member Franklin stated her research indicates that most other cities in the Valley charge their Chamber of Commerce organizatiohs nothing or S 1 per year rent; and noted it was the City Council that suggested the Chamber of Commerce submit a funding request through the grant program. Council Member Henderson stated most cities in the Valley do not provide a contract for services with their Chambers of Commerce. She presented background on the .utilization of the library facilities by the Chamber of Commerce; stated the Chamber of Commerce may have to reduce their budget in the future; and conveyed support for waiving the rent this fiscal year. Mayor Adolph stated the City must be available to support the Chamber of Commerce, but not at the expense of taking funding from a charity in need. Council Member Sniff asked if providing funds to the Chamber of Commerce would establish them as a City organization. City Attorney Jehson .explained awarding them a grant does not designate them as a City organization because of the contract for services. Council Member Sniff suggested awarding a 512,000 grant and reconsidering the lease amount next year. Mayor Adolph asked when their lease expires. Mr. Archer, President of the Chamber of Commerce stated the lease agreement expires in November 201 1. Council Member Evans expressed agreement with many of the comments; the Chamber of Commerce provides a service to the City and the community; suggested incorporating a building for the Chamber of City Council Minutes 11 September 21, 2010 Commerce in the development process; and conveyed support for awarding a S 12,000 grant and for reviewing the lease agreement prior to its expiration. Council Member Evans disclosed she is an employee of the JFK Memorial Hospital who is a Diamond Sponsor of the Chamber of Commerce. Council Member Franklin and Mayor Adolph disclosed they are Associate Members of the Chamber of Commerce. MOTION - It was moved by Council Members Evans/Franklin to approve a Community Services Grant in the amount of S12,000 for the Chamber of Commerce to meet their facility rental needs. Mayor Adolph reiterated his concern about not having sufficient funds to award a grant to a charity in need for the remainder of the fiscal year. Motion carried unanimously. PRESENTATIONS ...............continued Nancy Doria presented a brief report on the Palm Springs International Airport Commission. BUSINESS SESSION .............continued 3. CONSIDERATION OF A RESOLUTION APPROVING A REQUEST TO RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO INITIATE A DETACHMENT OF CITY ANNEXATION NO. 11 FROM THE SOUTHERN COACHELLA VALLEY COMMUNITY SERVICES DISTRICT (SCVCSD). APPLICANT; CITY OF LA QUINTA. There were no changes to the staff report as submitted and on file in the City Clerk Department. RESOLUTION NO. 2010-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE RIVERSIDE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS TO DETACH THE TERRITORY OF CITY ANNEXATION NO. 11 (THE PALMS COUNTRY CLUB) FROM THE SOUTHERN COACHELLA VALLEY COMMUNITY SERVICES DISTRICT City Council Minutes 12 September 21, 2010 It was moved by Council Members Henderson/Evans to adopt Resolution No. 2010-061 as submitted. Motion carried unanimously. STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS Chamber of Commerce Workshop/Information Exchange Committee - Council Member Evans reported the Committee focused on the Co-op Program and signage of small businesses. Palm Springs Desert Resort Communities Convention & Visitors Authority -Council Member Evans reported the Authority is in the final stages of hiring a CEO and will be interviewing the final two applicants at the end of this week. CVAG-Public Safety Committee -Council Member Henderson reported a pre- parolee program has been established in the City of Santa Barbara which has identified all entities involved to prepare parolees to enter the workforce; a few cities are willing to champion this type of program in the Coachella Valley; reported Riverside County has funds to build a new jail facility but does not have the funds to operate it, and will continue to assess facilities available in the area. National League of Cities -Council Member Henderson reported she attended the FAIR (Finance Administration of Intergovernmental Regulations) Committee at the National League of Cities Conference, where a resolution relating to medical marijuana was discussed and revised to indicate the Federal Government be responsible for monitoring medical marijuana nationally. League of California Cities Annual Conference - Council Member Henderson reported they discussed SB 375 and AB 32; stated Proposition 23, which will suspend SB 375 and AB 32, will be on the November 2, 2010 ballot; reported a resolution opposing the board of directors' decision to defer action on AB 32 and SB 375 did not pass; and strongly encouraged the public to become familiar with Proposition 22 which protects local revenue. C.V. Conservation Commission -Council Member Sniff reported funding is being affected adversely from the failure to fund acquisition of Eagle Mountain, and the Commission is looking into other sources of funding. Council Member Sniff announced Sheriff Sniff is receiving an award by the Boy Scouts of America of Riverside County. City Council Minutes 13 September 21, 2010 All other reports were noted and filed. DEPARTMENT REPORTS 3-B. VOLUNTEER POLICE AND FIREFIGHTER'S ANNUAL DINNER AND HOLIDAY OPEN HOUSE SCHEDULE. City Clerk Montecino presented the staff report. The City Council concurred to schedule the Volunteer Police and Firefighters' Annual Dinner on Thursday, November 4, 2010; and schedule the Holiday Open House on Thursday, December 9, 2010. 3-C. SCHEDULE FOR JOINT CITY COUNCIL AND CITY COMMISSION MEETINGS. City Clerk Montecino presented the staff report. The City Council concurred to schedule the Joint City Council and City Commission meetings on Tuesday, November 9, 2010. MAYOR AND COUNCIL MEMBERS' ITEMS 1. COUNCIL MEMBER FRANKLIN - DISCUSSION REGARDING CRIMINAL PROSECUTION OF CODE VIOLATIONS. Council Member Franklin expressed concern about the timeliness of pursuing violations in Civil Court. Building & Safety Director Hartung stated staff has not pursued any of the cases in Civil Court because of the time delay involved; stated criminal court was always used as a last resort and without that tool there are a number of pending cases that staff has not been able to bring to resolution. Council Member Henderson suggested bringing this item back as a business session item for consideration. Mayor Adolph conveyed concern about the criminal connotation. The City Council concurred to bring this item back as a business session item. City Council Minutes 14 September 21, 2010 Andrea Dooley stated she has addressed this issue many times before the City Council; stated the Civil process took the meat out of the violation process and delayed the progress; and urged the City Council to return to past practices. Kay Wolff agreed that the Criminal Court process was useful in the past and the Civil Court process slows down the resolution process. PUBLIC HEARINGS -None ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Sniff to adjourn. Motion carried unanimously. Resp~ec/~ylly submitt , , .~%!~// VERONICA J. TECINO, City Clerk City of La Qui a, California