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2010 10 05 CC MinutesLA QUINTA CITY COUNCIL MINUTES OCTOBER 5, 2010 City Clerk Montecino announced that the regular meeting of the La Quinta City Council would not be called to order until the hour of 4:00 p.m. due to lack of quorum. Mayor Adolph called the meeting to order at 4:00 p.m. and led the audience in the Pledge of Allegiance. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT Sylvia Paz, Senior Field Representative, Office of Assemblyman Perez, 45-677 Oasis, Indio, introduced herself as the newly-appointed representative, and reviewed a summary of current legislation signed by the Governor. She also reported on the State budget process. Council Member Henderson expressed appreciation for the updates, and stated she hopes to obtain Assemblyman Perez's support on legislation regarding utilizing Redevelopment funding for homeless shelters. Ms. Paz reported she is scheduled to meet with city managers in the Valley to discuss this issue. Paul Quill, 51-245 Avenida Rubio, Planning Commissioner, addressed the omission of sidewalks at three locations on Highway 111; noted the recently-approved Coachella Valley Association of Governments Transportation Plan includes pedestrian access; stated sidewalks could be installed at a nominal cost; and requested the City Council's support. Mayor Adolph asked if all of the Planning Commission Members support the installation of sidewalks on Highway 111. Commissioner Quill confirmed. Council Member Henderson stated this issue can be discussed during Joint Commission/City Council meeting. CLOSED SESSION -None City Council Minutes 2 October 5, 2010 CONFIRMATION OF AGENDA City Manager Genovese referenced a memorandum related to Consent Item Nos. 5 and 6; stated it includes correspondence from the Desert Valley Builders Association that was received after posting of the agenda; and stated the correspondence confirms the receipt of reports issued to the Association. ANNOUNCEMENTS -None PRESENTATIONS Mayor Adolph presented the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending June 30, 2009 to Finance Director Falconer and the Finance Department staff, who accepted the award on behalf of the City. Mayor Adolph presented a Proclamation to Michelle Mician regarding Electric Vehicle Valley Rally Day on October 16, 2010. Dawn Etzold, of the Riverside County Registrar of Voters' Office, gave a brief presentation regarding voter registration and absentee ballot deadlines for the November 2, 2010 Election. In response to Council Member Sniff, Ms Etzold stated the Registrar's Office estimates between 45,000 to 55,000 voters will participate in the election countywide. Council Member Henderson asked if the ballot drop-off boxes are new this election. Ms. Etzold confirmed they are new and explained the drop-off boxes are located at each city hall in Riverside County and all County libraries; ballots will be picked up weekly from the drop boxes; and stated the Registrar's Office has assigned additional employees to travel to the Coachella Valley more often to assist on Election Day. Council Member Sniff asked if the problem with lost or delayed ballots has been corrected. Ms. Etzold explained the mishap with the U. S. Postal Service has been corrected and will not be repeated. City Council Minutes 3 October 5, 2010 WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Council Minutes of September 21, unanimously. Members Sniff/Franklin to approve the City 2010, as submitted. Motion carried CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 5, 2010. 2. APPROVAL OF A GUARANTY WITH WELLS FARGO FOR THE LANDMARK MASTER LEASE AGREEMENT FOR GOLF CARTS AT SILVERROCK RESORT. 3. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR ROADWAY PURPOSES ALONG ADAMS STREET AND WESTWARD HO DRIVE BY THE DESERT SANDS UNIFIED SCHOOL DISTRICT. 4. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR ROADWAY PURPOSES ALONG ADAMS STREET BY LA QUINTA SPC, LLC, A DELAWARE LIMITED LIABILITY COMPANY. 5. APPROVAL OF FISCAL YEAR 2009-2010 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. 6. APPROVAL OF FISCAL YEAR 2009-2010 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 7. APPROVAL OF RATIFICATION OF CITY MANAGER APPROVAL TO AWARD A CONTRACT TO DATELAND CONSTRUCTION INC. TO CONSTRUCT THE SILVERROCK RESORT DRAINAGE IMPROVEMENTS. MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended. Motion carried unanimously. City Council Minutes 4 October 5, 2010 BUSINESS SESSION 1. CONSIDERATION OF AN ART PURCHASE AGREEMENT WITH MARIA HUNT FOR THE DESIGN AND PAINTING OF SIGNAL BOXES. Community Services Director Hylton presented the staff report. Council Member Henderson referred to the rendering of the signal box at Adams Street and Blackhawk Way, and asked if the skateboarder is portrayed in doing an unsafe act. Community Services Director Hylton stated she does not believe he is doing anything inappropriate as this is a type of activity conducted in the skate park. Council Member Henderson conveyed concern about encouraging inappropriate behavior. City Manager Genovese stated staff can work with Ms. Hunt to modify the painting for that particular signal box. Council Member Franklin asked why the Community Services Commission felt Ms. Hunt stood out from the other artists. Community Services Director Hylton explained they felt her renderings fit the particular locations and that she had the best presentation; and they asked her to come back to a Commission meeting to ensure she met the specifications of working with the La Quinta High School students in the designs. In response to Mayor Adolph, Community Services Director Hylton confirmed funding is available in the Art in Public Places Fund. Mayor Adolph inquired about graffiti protection for the paintings. Ms. Hunt explained a heavy varnish is applied to protect the paintings from sun damage and graffiti. Council Member Evans asked if there have been any problems with the first signal boxes painted. Community Services Director Hylton stated there have not been any problems. Council Member Evans stated there is an emphasis to use a helmet in the skateboard parks, and the rendering depicts more of a beanie than a helmet. Ms. Hunt stated the painting can be modified to look more realistic; and stated she was very pleased with the drawings from the La Quinta High School students. In response to Council Member Sniff, Ms. Hunt stated she uses Golden acrylic paint which resists fading and heat and that the paint will Iasi 7-10 years; stated the designs are from her own artistic inspiration except for City Council Minutes 5 October 5, 2010 assistance she received from the students for the two locations near the high school. She anticipates beginning the work in mid-October and being completed by the end of November, depending on the weather. MOTION - It was moved by Council Members Sniff/Evans to approve an Art Purchase Agreement with Maria Hunt to design and paint four signal and electrical boxes at various locations in the northern part of the City, and authorize the City Manager to execute the agreement. Motion carried unanimously. 2. CONSIDERATION OF SPONSORSHIP FOR THE PRESTIGE AT PGA WEST. Community Services Director Hylton presented the staff report. City Manager Genovese stated if the City Council approves the funding, there are adequate funds in the Media Promotions Account, which has a balance of approximately S 18,000. Mayor Adolph referred to an article printed in The Desert Sun which promoted the event. Mark Weissman, Tournament Director of the Prestige at PGA West, stated Mike Kelly, President of PGA West is also present, and conveyed appreciation of the City's past support; reported La Quinta is getting exposure online from promotion of the event; the La Quinta Resort & Hotel has received approximately 270 room nights committed for the event; a National Award of Excellence will be presented at this year's event; the event is open to all residents and the public; and stated approximately 300 juniors across California are expected to participate. In response to Council Member Franklin, Mr. Weissman stated the kick-off events begin October 9 at 11:00 a.m.; tournament events are October 10 through October 12 ending with a lunch on October 13. He requested a City representative welcome the attendees at the Anniversary Awards Dinner Saturday evening at the PGA West Private Clubhouse. Council Member Franklin conveyed support for the event. Council Member Sniff stated the general agreement is the funding should come from the media account. City Council Minutes 6 October 5, 2010 Council Member Henderson conveyed support for the event; stated the Media Promotion account is the appropriate funding source; and suggested this item be included in the budget process. MOTION - It was moved by Council Members Sniff/Franklin to approve a request from The Prestige at PGA West for the City to be a Supporting Sponsor in the amount of 55,000. Motion carried unanimously. 3. CONSIDERATION OF AUTHORIZATION FOR THE CITY ATTORNEY'S OFFICE TO RESUME THE FILING OF MISDEMEANOR COMPLAINTS WITH THE SUPERIOR COURT IN CONJUNCTION WITH CODE COMPLIANCE CASES. Building & Safety Director Hartung presented the staff report. Mayor Adolph referenced a statement on Page 3 of the staff report and asked how many new cases are cited per year. Building & Safety Director Hartung stated there are approximately 5,000 new cases per year; and confirmed 36 cases have been referred to the City Attorney's office and only 2 cases proceeded past the initial contact from the Attorney's office. Mayor Adolph asked if there is any way to determine if a case can be identified as a criminal or civil case. City Attorney Jenson explained the City Attorney's office can make a recommendation to the City Council to pursue certain cases in civil court if appropriate but must obtain the City Council's approval to pursue a case in civil court; staff continues to utilize the administrative procedures to obtain compliance; explained most cases receive compliance once a letter is received from the City Attorney's office; the City Attorney's office continues to prosecute repeat offenders; and the City Attorney's office is able to use discretion for each case. Mayor Adolph conveyed concern about the criminal connotation. City Attorney Jenson stated the City Attorney's office has not pursued minor cases through criminal court. Council Member Henderson asked at what point a violator is notified that their offense has become a criminal offense. Building & Safety Director Hartung explained the violator receives at least three administrative citations before escalating to the City Attorney's office. In response to Mayor Adolph, City Attorney Jenson stated very rarely does a case qualify for pursuing civil action because it is inconvenient to schedule those cases individually as opposed to scheduling a group of criminal cases at once. City Council Minutes 7 October 5. 2010 In response to Council Member Sniff, City Attorney Jenson explained the current system is not working well and that criminal complaints have not been filed since February 2009; stated the direction given to the City Attorney's office was to not pursue complaints criminally and involvement has been reduced; explained greater compliance was received when complaints were pursued criminally. Council Member Sniff referred to Page 3 which states staff is able to receive compliance with the current process and asked if the statement is valid. City Attorney Jenson stated that page is from a previous staff report from the February 3, 2009 meeting and it is valid. Council Member Sniff stated based on the comments made; the current process is working, but perhaps not speedily; report states only two cases were pursued to the criminal court system, and is that valid. City Attorney Jenson confirmed. Council Member Sniff stated he is not convinced in pursuing complaints in the criminal court. In response to Council Member Evans, Building & Safety Director Hartung confirmed the City currently has approximately 15 cases outstanding that have not progressed since the direction given in February 2009; and the load has increased and the progress has decreased in terms with the current civil resolution process. Council Member Evans asked what notification must currently be provided to non-compliant violators. City Attorney Jenson explained the City Council did not change the Municipal Code, which currently identifies violations as infractions or misdemeanors, but if direction were given by the City Council to lift the stay of criminal prosecution, a letter of explanation would be given to non-compliant violators. Council Member Evans stated the use of criminal prosecution allows staff to resolve issues and conveyed support for lifting the stay of criminal prosecution. In response to Council Member Franklin, City Attorney Jenson confirmed the Municipal Code was not changed, but the City Council directed the City Attorney's Office not to pursue the criminal process. Mayor Adolph stated the City Council was sensitive with the criminal aspect to the residents when the stay of criminal prosecution was imposed; and conveyed his support for pursuing complaints expeditiously. City Council Minutes 8 October 5, 2010 Kay Wolff 77-227 Calle Ensenada, representing the Cove Neighborhood Association, stated residents rely on the City to consistently and strongly enforce the ordinances enacted; past publicity was given to repeated violations being pursued criminally; there is a need to bring both violations and safety of the community together; and stated she strongly supports this action. Council Member Sniff inquired about the legal definition of what is a reasonable time of notification. Building & Safety Director Hartung explained two to three notices and three administrative citations are issued in a period of three months before it is submitted to the City Attorney's office. City Attorney Jenson explained an initial letter of compliance is sent to the violator from the City Attorney's office. MOTION - It was moved by Council Members Franklin/Evans to authorize the City Attorney's Office to resume the filing of misdemeanor complaints with the Superior Court in conjunction with Code Compliance cases. Motion carried unanimously. 4. CONSIDERATION OF PROVIDING A FIFTEEN (15) DAY NOTICE TO CONSIDER CANCELLATION OF MEMORANDUM OF UNDERSTANDING WITH THE BUILDING INDUSTRY ASSOCIATION-DESERT CHAPTER OF THE BUILDING INDUSTRY OF SOUTHERN CALIFORNIA, INC. RELATING TO SUBDIVISION IDENTIFICATION PROGRAM. Assistant City Manager-Development Services Evans presented the staff report. Council Member Franklin asked why this item is being brought back to the City Council on November 2, 2010. Assistant City Manager-Development Services Evans explained the rules of notice state that the day of serving notice is not included in the 15-day notice. MOTION - It was moved by Council Members Sniff/Henderson to direct the City Manager to provide a written fifteen (15) day notice that the City Council will consider terminating the existing Building Industry Association- Desert Chapter agreement at its November 2, 2010, meeting and schedule the proposed Desert Valley Builders Association agreement for consideration at the same meeting. Motion carried unanimously. STUDY SESSION -None City Council Minutes 9 October 5, 2010 REPORTS AND INFORMATIONAL ITEMS IID Energy Consumers' Advisory Committee -Council Member Franklin stated she distributed update reports on energy and water. Animal Campus Commission -Council Member Franklin reported a presentation was given on an inspiration garden planned for the space between the physical structure of the Animal Campus in Thousand Palms and the main entrance, and 538,000 has been allocated to fund the garden; further reported Palm Desert waived their adoption fees temporarily to avoid euthanizing animals and to promote adoption, but there was no increase in adoptions. CVAG Homelessness Committee - Council Member Franklin reported the Committee is attempting to establish bus service to the Desert Resource Center. CVAG Human Resources Committee -Council Member Franklin reported there was discussion of criteria for allowing ex-officios to attend meetings and decided to bring this matter back for further discussion. CVAG Transportation Committee -Council Member Henderson reported she has been appointed as the Chairperson. Riverside County Transportation Commission - Council Member Henderson reported the Commission held a budget implementation meeting; and stated legislation has been introduced by a congressman from the Simi Valley area which will increase the liability of rail accidents to change the cap to 5500 Million retroactively. CVAG Executive Committee -Mayor Adolph reported the Committee honored Dick Kelly and donated S 1,000 for a memorial plaque to be placed on the Portola Avenue Bridge; and stated the Committee continued consideration of the 2010 Coachella Valley Rail Study until SunLine Transit Agency has reviewed the study. SunLine Transit Agency/SunLine Services Group - Mayor Adolph reported the organization honored Mr. Kelly; and discussed fee increases. All other reports were noted and filed. DEPARTMENT REPORTS -None City Council Minutes 10 October 5, 2010 MAYOR AND COUNCIL MEMBERS' ITEMS -None PUBLIC HEARINGS -None ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. Respectful) submitted, ~2~~7~ ERONICA J. M TECINO, City Clerk City of La Qui ta, California