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2011 01 18 CC MinutesLA QUINTA CITY COUNCIL MINUTES JANUARY 18, 2011 A special meeting of the La Quinta City Council was called to order at the hour of 2:30 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT — None Council Member Sniff conveyed appreciation for the courtesy of the City Council regarding his absences from the past two meetings. CLOSED SESSION 1. Conference with labor negotiators Ski Harrison and Thomas P. Genovese regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 — Meet and Confer. 2. Conference with labor negotiators Ski Harrison and Thomas P. Genovese regarding negotiations with the City of La Quinta Unrepresented Employees: Accounting Manager, Assistant City Manager - Development Services, Assistant City Manager- Management Services, Building & Safety Director, Building & Safety Manager, City Clerk, Community Safety Manager, Community Services Director, Economic Development Project Manager, Emergency Services Coordinator, Executive Assistant, Executive Office Assistant, Finance Director, Golf /Park Landscape Manager, Human Resources /Risk Manager, Information Services Analyst, Maintenance Manager, Management Assistant, Planning Director, Planning Manager, Principal Engineer, Principal Planner, Public Works Director, and Public Works Inspection Supervisor, pursuant to Government Code Section 54957.6 3. 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 on Calle Estado (APN: 770 - 152 - 007 -5). Property Owner /Negotiator: Riverside County Treasurer -Tax Collector /Starlight Management, Inc. City Council Minutes 2 January 18, 2011 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 Hal Seay requested a change to the City Council Minutes of January 4, 2011, under "public comment" and stated his comments should reflect that the car was in the driveway, not at the curb. CONFIRMATION OF AGENDA City Attorney Jenson recommended adding two emergency business session items to the agenda and advised it requires a 4/5 vote by the City Council to add the items based on the need that the items arose after posting of the agenda and that action is needed before the next City Council meeting. She explained the first item is a written agreement updating prior agreements between the City of La Quinta and the La Quinta Redevelopment Agency regarding rental charges for use of City Hall and allocations of overhead and administrative costs; and further explained the proposed agreement carries forward prior practice of the Redevelopment Agency's payment of rent to the City and reimbursement of staff time spent on redevelopment matters. She referenced the potential for legislation before the next City Council meeting that could affect Redevelopment Agencies and the ability to enter into contracts. MOTION - It was moved by Council Members Henderson /Evans to add an item to the agenda entitled, "Consideration of a Written Agreement Updating Prior Agreements Between the City of La Quinta and the La Quinta Redevelopment Agency Regarding Rental Charges for Use of City Hall and Allocation of Overhead and Administrative Costs," based on the findings that the item came up after posting of the agenda and that action is needed before the next regular City Council meeting. Motion carried unanimously. City Council Minutes 3 January 18, 2011 City Attorney Jenson explained the second emergency business session item that staff is recommending to be added to the agenda is a consideration of a funding agreement for future public improvements and affordable housing in the City of La Quinta along with a resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to Agency expenditures. She explained the proposed agreement is for the purpose of trying to preserve tax - increment funding that the Redevelopment Agency has available for public improvements and housing projects should the Legislature take steps to preclude the Redevelopment Agency from entering into future contracts. MOTION — It was moved by Council Members Evans /Franklin to add an item to the agenda entitled, "Consideration of a Funding Agreement for Future Public Improvements and Affordable Housing in the City of La Quinta." Motion carried unanimously. ANNOUNCEMENTS — None PRESENTATIONS Andrea Carter, Furino Green Creative, introduced Production Manager Judy Springs who explained the Green Print Alliance Program; and presented a plaque to the City Council for the City's participation in the Green Print Alliance Program. Queen Chaperone Barbara Presson introduced Queen Scheherazade, who presented Princess Dunyazade and Princess Jasmine; and invited everyone to attend the Riverside County Fair and National Date Festival being held February 18 -27, 2011. WRITTEN COMMUNICATIONS — None APPROVAL OF MINUTES Council Member Evans asked that the minutes be corrected under Public Comment to state that the car was in the driveway instead of at the curb. MOTION — It was moved by Council Members Evans /Franklin to approve the City Council Minutes of January 4, 2011, as corrected. Motion carried with Council Member Sniff abstaining. City Council Minutes 4 January 18, 2011 CONSENT CALENDAR Consent Calendar Item No. 8 was pulled and moved to Business Session No. 5. 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 18, 2011. 2. RECEIVE AND FILE TREASURER'S REPORT DATED NOVEMBER 30, 2010. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED NOVEMBER 30, 2010, AND INVESTMENT SUMMARY REPORT FOR QUARTER ENDING DECEMBER 31, 2010. 4. ACCEPTANCE OF PIONEER PARK IMPROVEMENTS, PROJECT NO. 2009 -09. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR FOUR MEMBERS OF THE PLANNING COMMISSION AND THE PLANNING DIRECTOR TO ATTEND THE 2011 PLANNERS INSTITUTE TO BE HELD IN PASADENA, CALIFORNIA, MARCH 9 -11, 2011. 6. APPROVAL TO EXCUSE PLANNING COMMISSIONER MARK WEBER'S ABSENCE FROM THE JANUARY 11, 2011, PLANNING COMMISSION MEETING. 7. APPROVAL OF REQUEST FOR PROPOSALS TO OBTAIN AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN PREPARATION SERVICES. 8. SEE BUSINESS SESSION ITEM NO. 5. MOTION — It was moved by Council Members Evans /Franklin to approve the Consent Calendar as recommended and amended with the exception of Item No. 8. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF AN APPROPRIATION AND MEMORANDUM OF UNDERSTANDING (MOU) WITH THE DESERT RECREATION DISTRICT FOR THE REPURPOSING OF THE LA QUINTA COMMUNITY CENTER. Community Services Director Hylton presented the staff report. Council Member Evans asked what is the cost differential regarding the employee rate. Community Services Director Hylton explained the current employee rate is $15 and the municipal rate for other cities to utilize the City Council Minutes 5 January 18, 2011 facilities is $50; all current resident memberships are for 12 months and upon expiration the rate will increase to $50 per year. Kevin Kalman, Desert Recreation District, explained the fee for District residents is $50 per year; Indio pays $25 because of a subsidy assessed through property taxes; and all cards are valid at all three fitness facilities. Council Member Henderson asked what is the size of the exercise facility in Indio compared to the new facility in La Quinta. Mr. Kalman explained the La Quinta facility is larger. Mayor Adolph asked if the current equipment can be transferred to the new facility. Community Services Director Hylton explained the equipment has had heavy use and some pieces will be renovated and transferred to a fire station; and the remaining equipment will be utilized at other facilities. Council Member Evans asked what type of marketing the Desert Recreation District will do to promote the City's effort in providing a better facility. Mr. Kalman stated the District will be providing a press release tomorrow upon approval of the agreement; information about the facility will be included in the City's list of activities; and stated the District can provide a plaque at the facility. Council Member Evans asked if memberships can be obtained online. Mr. Kalman stated memberships are currently not available to be purchased online. Community Services Director Hylton explained memberships are not available online due to the issuance of a membership card; and stated staff will work with the Desert Recreation District on an online program in the future. Mayor Adolph asked what the hours of operation are. Mr. Kalman explained the hours of operation are from 6:00 a.m. to 9:00 p.m., Monday through Friday, 10:00 a.m. to 2:00 p.m. on Saturdays, and closed on Sundays. He further stated that the hours can be adjusted if the demand warrants it. Council Member Henderson stated the collaborative effort is admirable of staff and the Desert Recreation District; conveyed her concern of this program being in direct competition with private business; and commended staff for the ability of bringing this program forward. Council Member Evans stated this program is another option for the residents as opposed to paying for a private membership, and an avenue for the residents to participate in the healthy active living program. City Council Minutes 6 January 18, 2011 Council Member Franklin commended staff and Mr. Kalman for his participation to bringing this program to fruition. Council Member Sniff stated he understands the concerns of Council Member Henderson regarding competition with private enterprise. Mayor Adolph stated his concern would have been if the funding had been allocated from the General Fund, but is relieved knowing that the funding is being allocated from Quimby funds. Council Member Evans asked if the City Council had the same concern when the program was established in 2006 at the Boys and Girls Club facility. Council Member Henderson stated the concern is that a facility is being established and dedicated for one specific program, and the sense of being in competition with private enterprise. Community Services Director Hylton explained preschool programs will continue to be held at the facility, and a number of programs will be transferred to the Senior Center. MOTION - It was moved by Council Members Franklin /Evans to approve a Memorandum of Understanding with the Desert Recreation District for the repurposing of the La Quinta Community Center and an appropriation of $ 125,000 from the City's unallocated Quimby Funds in Account No. 220- 0000- 290 - 00.00. Motion carried by a vote of 4 -1, with Council Member Henderson dissenting. 2. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW THE 3 RD QUARTER GRANT REQUESTS. Community Services Director Hylton presented the staff report. MOTION - It was moved by Council Members Evans /Franklin to establish an Ad Hoc Committee to consider 3r Quarter Grant Requests and appoint Council Member Franklin and Mayor Adolph to serve on the committee. Motion carried unanimously. 3. CONSIDERATION OF A WRITTEN AGREEMENT UPDATING PRIOR AGREEMENTS BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY REGARDING RENTAL CHARGES FOR USE OF CITY HALL AND ALLOCATION OF OVERHEAD AND ADMINISTRATIVE COSTS. City Council Minutes 7 January 18, 2011 City Attorney Jenson presented the staff report; and Finance Director Falconer explained the funding sources. Council Member Evans asked if there is a need to have an option to terminate the agreement. City Attorney Jenson recommended the agreement be open -ended but noted the City Council may amend the agreement as desired. MOTION — It was moved by Council Members Henderson /Franklin to authorize the City Manager to execute an agreement updating prior agreements between the City of La Quinta and the La Quinta Redevelopment Agency regarding rental charges for use of City Hall and allocation of overhead and administrative costs. 4. CONSIDERATION OF A RESOLUTION APPROVING A FUNDING AGREEMENT FOR FUTURE PUBLIC IMPROVEMENTS AND AFFORDABLE HOUSING IN THE CITY OF LA QUNTA, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WITH RESPECT TO THE AGENCY'S EXPENDITURE City Attorney Jenson presented the staff report. Assistant City Manager - Development Services Evans explained the projects listed in Exhibit C are in progress and substantial funding have been expended; the future project production summary was reviewed and there is a need to construct additional housing units and explained future property acquisition and construction costs were considered. City Manager Genovese requested the motion also include authorizing staff to correct grammatical and typographical errors in the agreement. City Attorney Jenson further explained another category of expenditures is graffiti removal as depicted in Exhibit D. Council Member Henderson expressed astonishment about the cost for graffiti removal and stated it is a shame the City must fund such programs. Council Member Evans asked if this agreement binds the City to fund the programs listed. City Attorney Jenson explained the agreement is not the approval of the projects, but the Redevelopment Agency's commitment to fund the projects if the City moves forward with them. City Council Minutes 8 January 18, 2011 Mayor Adolph commended staff for bringing this matter before the City Council expeditiously. RESOLUTION NO. 2011 -004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FUNDING AGREEMENT FOR FUTURE PUBLIC IMPROVEMENTS AND AFFORDABLE HOUSING IN THE CITY OF LA QUINTA, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WITH RESPECT TO THE AGENCY'S EXPENDITURE MOTION — It was moved by Council Members Evans /Henderson to adopt Resolution No. 2011 -004 as submitted. Motion carried unanimously. MOTION — It was moved by Council Members Evans /Franklin to authorize the City Manager to execute a funding agreement for future public improvements and affordable housing in the City of La Quinta and authorize staff to make typographical corrections as necessary. Motion carried unanimously. 5. CONSIDERATION OF ADOPTION OF RESOLUTIONS: 1) MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE 33445 AND CONSENTING TO THE EXPENDITURE OF FUNDS; AND 2) AUTHORIZING STAFF TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF RIVERSIDE TREASURER -TAX COLLECTOR FOR THE PURPOSE OF PURCHASING TAX - DEFAULTED PROPERTY LOCATED ON CALLE ESTADO, EAST OF AVENIDA BERMUDAS AND WEST OF DESERT CLUB DRIVE. Assistant City Manager - Development Services Evans presented the staff report. RESOLUTION NO. 2011 -005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND CONSENTING TO THE EXPENDITURE OF FUNDS TO PURCHASE A TAX - DEFAULTED PROPERTY FROM THE RIVERSIDE COUNTY TREASURER -TAX COLLECTOR MOTION — It was moved by Council Members Henderson /Franklin to adopt Resolution No. 2011 -005, as amended to allow funding for acquisition from the General Fund if necessary. Motion carried unanimously. City Council Minutes 9 January 18, 2011 RESOLUTION NO. 2011 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, OBJECTING TO THE PUBLIC SALE OF A PARCEL OF LAND AND AUTHORIZING THE PURCHASE OF THE PARCEL FROM THE RIVERSIDE COUNTY TREASURER -TAX COLLECTOR MOTION — It was moved by Council Members Henderson /Franklin to adopt Resolution No. 2011 -006, as submitted. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF POTENTIAL IMPROVEMENTS TO THE INTERSECTION OF HIGHWAY 111 AND WASHINGTON STREET. Public Works Director Jonasson presented the staff report. Council Member Henderson voiced concern about not including a southbound, dedicated right -turn lane with the improvements and determining a few years later that it is needed and causing chaos at the intersection again. Council Member Evans asked what bus stops are active on Washington Street. Engineer Consultant Brad Donais explained there are two active bus stops, one on the east side of Washington Street and the other on the north side of Highway 111, west of Washington Street. Council Member Henderson conveyed concern about the possibility of the improvements being done during the season. Public Works Director Jonasson explained staff's goal is to construct the improvements during the summer months. Mayor Adolph asked what the current lane widths are. Engineer Consultant Donais explained the through lanes are 12 feet. Mayor asked what width the left turn lanes will be reduced to. Engineer Consultant Donais explained the lanes will be reduced down to 10, or 11 and some will remain at 12 feet. Mayor Adolph expressed traffic safety concerns about the reduction in lanes westbound on Highway 111 and how additional traffic would get through the bridge at the border of Indian Wells. Engineer Consultant Donais explained staff has reviewed merging traffic from three lanes to two at the bridge bordering Indian Wells. City Council Minutes 10 January 18, 2011 Mayor Adolph stated drivers will feel squeezed while turning through the traffic in narrow lanes; and agreed something needs to be done to move traffic, but would rather be safer and wait to travel through the intersection. Engineer Consultant Donais explained drivers generally take their time and are more careful when traveling through the intersection in narrow lanes. Mayor Adolph stated he is curious to see if the Police Department will report an increase in accidents. Council Member Sniff stated there is a need to move forward as quickly and proficiently as possible; there is a need to make improvements to move traffic through the intersection; suggested making improvements during the off - season; make all necessary improvements at this time; and agreed with the concern of the width of the lanes. Mayor Adolph asked if the improvements will affect the placement of the signals. Public Works Director Jonasson confirmed and explained part of the cost is for signal modifications. Council Member Henderson asked if the improvements will disturb the synchronization of the traffic signals. Traffic Engineer Consultant Lalani explained staff will communicate to make sure the synchronization remains. Council Member Henderson expressed concern of the additional dedicated right -turn lane and any additional improvements needed at the bus turnout; and asked if this will impact the Las Casuelas Quinta Restaurant. Public Works Director Jonasson explained the existing bus turnout will be removed as part of the improvements for the dedicated right -turn lane. City Manager Genovese stated staff will discuss the improvements with the Las Casuelas Quinta restaurant. Council Member Franklin stated she concurs with the comments made; and expressed concern with northbound traffic turning east and southbound turning east and merging. Sarah Benton, stated she has changed her mode of transportation to a bicycle and currently avoids Washington Street due to the amount of traffic; and requested the City consider improving the bicycle lanes. The City Council concurred with staff's recommendation and to discuss improvements with Las Casuelas Restaurant; and report back to Council. City Council Minutes 11 January 18, 2011 REPORTS AND INFORMATIONAL ITEMS CVAG Energy and Environment Committee - Council Member Sniff reported the Committee selected Steve Pougnet, Mayor of Palm Springs, as the new Chairman. National League of Cities - Council Member Henderson reported on the reduction of the CDBG funding; hearings needed for new qualified initiatives, including allowing legislators to amend the initiative up to five years after collecting signatures; suggested the information provided to the City Council regarding fuel tax be forwarded to The Desert Sun. City Selection Committee - Council Member Henderson reported the Committee appointed Greg Pettis to the Airport Land Use Committee. C.V. Conservation Commission - Council Member Henderson reported three or four parcels of land accepted by the conservancy as donated parcels, one being behind the point happy project which includes the flag, and upon inquisition, no improvements have been planned for the property. CVAG Public Safety Committee - Council Member Henderson reported CVAG has a plan in place to address the traffic back up on the 1 -10 freeway, but has not been following it. Chamber of Commerce Workshop /information Exchange Committee - Council Member Henderson reported the Chamber is working on the upcoming car show, and the next event, Taste of La Quinta; discussed the current issues regarding the Redevelopment Agency, and to be prepared to give assistance. Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Evans reported the next meeting is Friday, January 21, 2011, and a presentation regarding the proposed detention center will be given. All other reports were noted and filed. DEPARTMENT REPORTS - None City Council Minutes 12 January 18, 2011 MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF ANIMAL CAMPUS COMMISSION ADOPTION PROGRAM. Council Member Franklin stated she learned at the last Animal Campus Commission meeting that the position in charge of adoptions at the Animal Campus has been eliminated due to lack of funding; and Cindy Finerty has suggested four cities go together to pay the annual salary of $50,000.. City Manager Genovese stated staff can prepare a staff report for the next City Council meeting if Council desires. Council Member Franklin stated the City of La Quinta's amount would depend on how many cities participate in the funding; and noted if four cities made a commitment the amount would be $12,500 each. Council Member Evans expressed concern about the request for additional funding in light of the increase of renewal options. Council Member Franklin explained this was not a request from the County of Riverside or the animal shelter. Council Member Henderson suggested a staff report be brought back for discussion; expressed her hesitation of providing funding, but the matter deserves merit to be discussed further. Council Member Sniff stated there are many fiscal problems and this matter is low on the list of concerns. 2. DISCUSSION OF CODE COMPLIANCE. Mayor Adolph stated he received a letter commending the efforts of Code Compliance Officer II Jackie Misuraca, and expressed appreciation for her dedication to the community. 3. DISCUSSION OF REDEVELOPMENT AGENCY. Mayor Adolph suggested a letter be sent to Governor Brown expressing the City's concerns about the proposed changes to Redevelopment Agencies in the State. The City Council concurred. City Council Minutes 13 January 18, 2011 The City Council recessed to the Redevelopment Agency meeting and to and until 7:00 P.M. 7:00 P.M. Council reconvened with Council Member Sniff absent. PUBLIC COMMENT - None PRESENTATIONS - None JOINT PUBLIC HEARING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY 1. JOINT PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING AND ADOPTING THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN. Redevelopment Consultant Spevacek presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:06 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:06 p.m. MOTION - It was moved by Council Members Evans /Henderson to take up Ordinance No. 485 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. It was moved by Council Members Henderson /Franklin to introduce Ordinance No. 485 on first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSTAIN: None ABSENT: Council Member Sniff City Council Minutes 14 January 18, 2011 ADJOURNMENT There being no further business, it was moved by Council Members Evans /Henderson to adjourn. Motion carried unanimously. Respec ully submitted, VERONICA J ONTECINO, City Clerk City of La Quinta, California