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2011 02 01 CC MinutesLA QUINTA CITY COUNCIL MINUTES FEBRUARY 1, 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 CLOSED SESSION - None Council recessed to the Redevelopment Agency to and until the hour of 4:00 p.m. 4:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT (See Page 12 for public comment submitted later in the meeting.) CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None City Council Minutes 2 February 1, 2011 APPROVAL OF MINUTES Council Member Franklin referenced an error on the appointees to the Grant Ad Hoc Committee on Page 6, noting Council Member Henderson should be changed to Council Member Franklin. MOTION — It was moved by Council Members Sniff /Franklin to approve the City Council Minutes of January 18, 2011, as amended (changing Henderson to Franklin). Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 1, 2011. 2. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 485, ADOPTING THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 2. 3. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31202 -1, RANCHO SANTANA, DESERT CHEYENNE, INC. 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE AND ONSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31732, PALIZADA, KB HOME COASTAL, INC. (RESOLUTION NO. 2011 -007) 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE AND ONSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31733, PALIZADA, KB HOME COASTAL, INC. (RESOLUTION NO. 2011 -008) 6. ACCEPTANCE OF JEFFERSON STREET PARKWAY LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009 -16B. 7. ADOPTION OF A RESOLUTION APPROVING THE FINAL COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 2010 NON - MOTORIZED TRANSPORTATION PLAN UPDATE. (RESOLUTION NO. 2011 -009) 8. ADOPTION OF A RESOLUTION OPPOSING PROVISIONS IN THE STATE BUDGET PROPOSAL TO ELIMINATE REDEVELOPMENT AGENCIES IN CALIFORNIA. (RESOLUTION NO. 2011 -010) City Council Minutes 3 February 1, 2011 MOTION — It was moved by Council Members Sniff /Evans to approve the Consent Calendar as recommended and with Item Nos. 4, 5, 7, and 8 being approved by RESOLUTION NOS. 2011 -007 through 2011 -010 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF PARTIAL FUNDING FOR AN ADOPTION SERVICES COORDINATOR POSITION AT THE COACHELLA VALLEY ANIMAL CAMPUS. Building & Safety Director Hartung presented the staff report. Council Member Sniff questioned why the item was on the agenda. City Manager Genovese explained the idea was addressed by Council Member Franklin at the January 18, 2011 meeting with concurrence from two other Council Members to have a staff report prepared for the following meeting. In response to Council Member Evans, Building & Safety Director Hartung confirmed the additional stipend is included in both the current contract and renewal contract for 2012 and would fund the position to January 2012. Council Member Evans asked if the Council approves the additional funding request, would next year's contract increase by La Quinta's portion. Building & Safety Director Hartung stated County staff has indicated the contract already includes an amount for the Adoption Services Coordinator position. Council Member Evans asked if the City would receive a reduction for cost of services since the position is not filled. Building & Safety Director Hartung stated the County is currently under - filling the position due to budget constraints. Council Member Henderson stated she understood the position was not in our contract for services and not listed on Exhibit A. Building & Safety Director Hartung stated the position is not listed but the services are included. Council Member Henderson stated the County has come forward and advanced funding for some of the services, but she knew there was potential for that to go away; the position is not funded but the services are and performed by other staff members. She voiced dissatisfaction about a member of the Animal Campus Commission specifically pointing out those cities that "may" fund the position. Council Member Sniff agreed and stated he is opposed to the request; and suggested the request be denied. City Council Minutes 4 February 1, 2011 MOTION - It was moved by Council Members Sniff /Henderson to deny the funding request for an Adoption Services Coordinator at the Animal Campus. In response to Mayor Adolph, Building & Safety Director Hartung stated the Cities of Palm Desert and Rancho Mirage have committed funding and the City of Indian Wells will be considering the request on Thursday. Motion carried unanimously. 2. CONSIDERATION OF THE HIGHWAY 111 CORRIDOR LANDSCAPE DESIGN GUIDELINES. Public Works Director Jonasson presented the staff report. Landscape Design Consultant Rob Parker, reviewed responses to the City Council's comments made at a previous meeting. Council Member Henderson commented on the difficulty of being able to read six names on the wayfinding signage while driving by and suggested no more than four be posted. Public Works Director Jonasson explained staff will discuss what constitutes being an anchor business, and the first line of the sign will be the name of the center. Council Member Henderson conveyed concern about the public being able to identify the names of the business centers. Landscape Design Consultant Parker explained the issue has been discussed with Planning staff; and if a mechanism is provided as a service for the major tenants then it would be up to the Planning Department to find a way to implement it. Council Member Henderson suggested the possibility of talking to the Washington Center developer about the potential of changing the name of the center. Planning Director Johnson stated the key matter that staff desired to address is the size and design of the signage; and staff can report back with the specifics of the names posted on the signs. Council Member Henderson asked if a wayfinding sign will be at each of the shopping centers. Planning Director Johnson explained there are five signs proposed at various locations along the Highway 111 corridor. Council Member Evans stated the tile is less busy and enables the ability to read the letters; and asked if the tile element can be backlit on the signs. Mr. Parker explained a replicate on the tile element will be backlit. City Council Minutes 5 February 1, 2011 Council Member Evans asked if the proposed 5'/2 -inch letter size is similar to the blue lettering on the La Quinta obelisks. Mr. Parker explained it is the same as the uppercase letters on the obelisks. Council Member Evans conveyed support for the bell tower design. Council Member Franklin agreed six names on a sign are too many; stated she likes the dimension of the lettering at 5'/2 inches; and stated the tile depicted on the base is too busy. Council Member Evans asked how the City of La Quinta identification signage would be utilized. Mr. Parker explained it would be used only if staff cannot come to an agreement with the developer and stores on anchor names for the signs. Council Member Franklin commented that the tile for the base of the plant pots is too busy. Mr. Parker stated the decorative materials will be brought before the City Council for approval. In response to Mayor Adolph, Mr. Parker stated none of the trees are deciduous. Council Member Evans conveyed concern about overgrown canopy trees being hit by large vehicles on Highway 111. Public Works Director Jonasson stated the guidelines provide maintenance provisions for the trees. Mayor Adolph asked if the dirt in the medians would be mounded and if anything is proposed to stop runoff into the gutter. Mr. Parker stated the mounding is no more than 18 inches high; and there will be a slight swell just before the enhanced concrete or curb that will prevent water or decomposed granite runoff into the street. Mayor Adolph stated voiced opposition about using Cypress trees near the monument signage, and suggested the trees be placed so as not to block the signage. Council Member Franklin asked why Pinto Palms are not being utilized. Mr. Parker explained staff received negative comments from the landscape architect in the use of Pinto Palms. Council Member Franklin agreed the design is much improved; and asked how the branding of the City will be conveyed since no prominent type of plant or tree is proposed in the plan. Mr. Parker explained the variety and rotation of color is very different from other cities in the valley; and the plans accommodate the existing plant plan. Council Member Franklin agreed with Mayor Adolph's comments regarding the use of Cypress trees. City Council Minutes 6 February 1, 2011 In response to Council Member Henderson, Mr. Parker explained the La Quinta plant palette refers to the landscape plan. Mayor Adolph stated he is not in favor of monuments in the right -of -way because of traffic safety issues, and conveyed concern about the height or value of the monument signage. Council Member Henderson stated the size of the signage is needed to accommodate the size of the letters on the sign; and wants the signage to be user friendly to enable visitors in locating the stores. Mayor Adolph stated the monuments will be placed in the medians at the left turn lanes, and other drivers driving by on Highway 111 will not be able to read the signs as they pass by. Council Member Henderson asked about the proposed locations for the monuments in the medians. Public Works Director Jonasson referred to the schematic plan and explained five monument signs are proposed to be placed diagonally with a 5 -foot base on an 18 -foot wide median. In response to Mayor Adolph, Public Works Director Jonasson stated staff's goal is to make the signs readable to drivers as they pass by; the obelisks have not been designed yet and will be brought back to the City Council for review. Council Member Sniff conveyed appreciation for the comments made by Mayor Adolph and Council Member Henderson regarding the content of the signs; we need to do this right the first time; suggested reducing the height of the signage and number of signs to three locations as there is an effort to over - inform the public; the content on the signs should be reduced and lettering be large enough to read; and conveyed concern about the judicious use of open space to provide a frame of the plantings. Council Member Evans stated the wayfinding signs and lettering proposed are legitimate for Highway 111; and conveyed a desire to make a statement and make La Quinta unique. Mayor Adolph stated staff has indicated the shrubbery will be low to enable visibility of the signs from a distance; and requested staff bring a scale model of the signage back for the City Council to review. City Council Minutes 7 February 1, 2011 In response to Council Member Sniff scale model of the signage can be installed. , City Manager Genovese confirmed a provided before it is constructed and Public Works Director Jonasson clarified this approval is only for the landscape design guidelines. MOTION — It was moved by Council Members Sniff /Evans to adopt the Highway 111 Corridor Landscape Design Guidelines, direct staff to proceed with the design phase of the Highway 111 Median Island Landscape Improvements (Adams Street to Jefferson Street), Project No. 2009 -03. Motion carried unanimously. 3. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.73.060 (LOCKED STORAGE) TO CHAPTER 11.73. Assistant City Manager- Management Services Plumlee presented the staff report. Council Member Sniff asked how this item was brought before the City Council. Police Chief Gregory explained the Police Department and Code Compliance have received complaints from residents regarding enforcement of locking spray paint containers; stated State law restricts the sale of spray paint to adults only and it is the City's determination to require spray paint containers to be locked. He stated the ordinance will not eliminate the use of spray paint for graffiti but it will help. Mayor Adolph asked if there is an age limit for purchasing spray paint cans. Police Chief Gregory stated spray paint cannot be sold to those under the age of 18 years old. In response to Council Member Evans, Police Chief Gregory confirmed the Police Department is trying to align the Municipal Code with California State Code; and stated the City is not required to enforce the locking of spray paint containers, just the sale of spray paint to persons 18 years and older. Council Member Sniff asked how the ordinance assures that spray paint cans that are sold will not be used for graffiti. Police Chief Gregory stated it does not. City Council Minutes 8 February 1, 2011 Council Member Sniff questioned the law having any value. Mayor Adolph stated it has value by precluding under -aged children from purchasing the paint. Council Member Henderson noted locking spray paint cans will prevent them from being stolen. Council Member Sniff explained his concern is about adopting unnecessary laws. MOTION — It was moved by Council Members Sniff /Henderson to take up Ordinance No. 486 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 486 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.73.060 — LOCKED STORAGE — TO REGULATE THE SALE OF AEROSOL SPRAY PAINT. It was moved by Council Members Sniff /Evans to introduce Ordinance No. on first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 4. CONSIDERATION OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE 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 Members Henderson and Franklin to serve on the Civic Center Art Purchase Committee with Council Member Evans as alternate. Motion carried unanimously. City Council Minutes 9 February 1, 2011 5. CONSIDERATION OF EARLY REPAYMENT OF THE LOANS FROM THE CITY OF LA QUINTA TO THE LA QUINTA REDEVELOPMENT AGENCY. Finance Director Falconer presented the staff report. Council Member Sniff commented on the major uncertainty the City is dealing with and the need to be in a position to take prompt action if things change; stated although the City would not get the additional interest, he feels more comfortable receiving the money from the Redevelopment Agency than loosing it; and stated the City could be taking a potentially serious risk by not taking action. Council Member Franklin asked if the governor has the sole power to make this decision. Finance Director Falconer explained the line of reason for this is that the State Legislature and the governor created redevelopment agencies through the Health & Safety Code and can eliminate it through legislation, and believe there would be adequate notice to that action. He is unsure about the conditions that could be placed on redevelopment agencies if eliminated; not sure how the cuts would affect the repayment of debt; suggested the City error on the side of caution; and supports the immediate repayment of the loan. He stated there is a great deal on the line regarding the lost interest to the General Fund; and stated the primary purpose is to protect the principle. Mayor Adolph commented on the need to protect the funding we have and monitor the situation on a daily basis; stated a letter was sent on behalf of the City Council to the governor conveying the City's opposition to the cuts and the effects it will have on this community. Council Member Evans agreed caution is necessary; stated the City has operated conservatively in the past and the interest loans are critical to the General Fund to sustain services to the community; does not support the immediate repayment of the loan, but does support giving the City Manager authority to take action if needed. Council Member Henderson stated it is interesting that the City is in a game of chess with the State; the City has played by the rules and is in a position to be able to repay the loans but the State only talks about taking and not repaying; noted the governor has suggested taking the continuing tax issue to the voters yet he is telling the voters who supported Propositions 1A and 22 that their vote does not count. She suggested scheduling a full discussion on what the redevelopment agency has provided to the City; and conveyed support for the staff recommendation. City Council Minutes 10 February 1, 2011 Fred Bell, Chief Operating Officer, Noble Companies LLC, stated what is going on at the State level is unconscionable, wrong, and incomprehensible; and offered his support to speak before the State Legislature in opposition to the proposed cuts to redevelopment agencies. Council Member Henderson commented on the State "passing the buck" by wanting to give cities the ability to raise local taxes with 55% of the votes. City Manager Genovese stated the Redevelopment Implementation Plan was adopted five months ago but it no longer means anything because the Plan was based on business as usual; stated staff will be providing an update on the Plan during the Redevelopment Agency agenda; and will provide a follow up with any changes that may occur by the State at the February 15, 2011 meeting. Council Member Henderson stated she is referring to announcing these issues to the community, the effects to the City, and the utilization of the funds. City Manager Genovese stated the report can be provided to the community. He stated the California Redevelopment Agency (CRA) Board has discussed the City of La Quinta Redevelopment Agency and considers it a model to other cities; and further stated the City's story may not only be conveyed to our residents, but to other State participants as we go forward in dealing with the State budget proposal. Council Member Franklin stated she learned tonight that the Supplemental Education Revenue Augmentation Fees (SERAF) were supposed to be used for education, and that the state did not utilize the funds for education; and stated the community should be informed as education is one of the ploys the governor is using to disband redevelopment agencies. Council Member Sniff asked how the City would obtain information about action taken in Sacramento and be able to react in time. City Manager Genovese explained the City is monitoring with the CRA on a regular basis, have a CRA Board Member who is monitoring on a moment -by- moment basis, and the City Attorney's office is monitoring these events. Council Member Sniff conveyed concern about legislative action being taken and things changing in a matter of minutes, and obtaining information to react in a timely manner. City Manager Genovese stated staff would take a conservative approach in monitoring the legislative decision; there is some question about whether they can take redevelopment funding. City Council Minutes 11 February 1 , 2011 Council Member Sniff questioned how up -to -date and accurate the information is that staff is receiving. Council Member Henderson stated the CRA rents office space from the League of California Cities across from the Capital building; and both staff members report immediately to the Board when any new legislation is about to take place. Council Member Sniff stated if the City must make a decision today, could it be considered legal in anticipation of the loss of the funds to subvert it. City Attorney Jenson explained the City has existing money to pay the loan off; and if the State wants to pass urgency legislation it requires a 2/3 vote, which is difficult to obtain. Council Member Henderson stated some have already repaid their loans from redevelopment funds. MOTION - It was moved by Council Members Sniff /Henderson to authorize the City Manager to take the steps necessary to effectuate the early repayment of the loans between the City of La Quinta and the La Quinta Redevelopment Agency (RDA) Project Areas 1 and 2 if he determines it is in the best interest of the City to do so. Motion carried unanimously. STUDY SESSION — None REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resort Communities Convention & Visitors Authority — Council Member Evans reported the County conducted a presentation on the proposed detention center at Whitewater; a number of attendees were in opposition to the proposal; there is an agreement between Supervisors Ashley and Benoit and the Joint Powers Authority to form a task force; Supervisor Benoit stated the County will be making presentations to the cities in the Valley. Bob Hope Classic Fund Distribution Committee — Mayor Adolph stated Board Member Jim Reed conveyed appreciation for Council Member Franklin's participation on the Board. SunLine Transit Agency /SunLine Services Group — Mayor Adolph reported the Agency's annual audit has been approved; and stated the taxicab issue continues and may result in litigation. City Council Minutes 12 February 1, 2011 All other reports were noted and filed. DEPARTMENT REPORTS — None MAYOR AND COUNCIL MEMBERS' ITEMS — None PUBLIC COMMENT David Yrigoyew, 81 -874 Rancho Santana Drive, stated mitigation of traffic, noise, and safety issues from the Coachella Fast need to be addressed, with the City of Indio; feels the City of Indio should consider preparing an environmental impact report for the venue; and further stated he is unsure the venue is zoned for that particular enterprise. Mayor Adolph stated traffic issues on Jefferson Street have been addressed with the City of Indio; and staff has had other discussions with them about impacts of the event to La Quinta. City Manager Genovese stated staff has been working cooperatively with City of Indio staff on mitigating these and other issues; suggested Assistant City Manager - Management Services Plumlee meet with Mr. Yrigoyew to provide an update of the cooperative efforts; and stated he has met with Indio's new City Manager several times. Mr. Yrigoyew further commented on lighting issues affecting the surrounding area of the event. Council Member Evans stated La Quinta benefits from the event as well from the tourists and staff must be cognizant in the mitigation process, and the issues raised by Mr. Yrigoyew. PUBLIC HEARINGS — None City Council Minutes 13 February 1, 2011 ADJOURNMENT There being no further business, it was moved by Council Members Sniff /Evans to adjourn. Motion carried unanimously. Respectf Ily submitted, VERONICA J NTECINO, City Clerk City of La Quinta, California