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2011 04 05 CC MinutesLA QUINTA CITY COUNCIL MINUTES APRIL 5, 2011 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMME — None CLOSED SESSIO 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 PROCESS 2. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON AND THOMAS P. GENOV'ESE, 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 ANALYST, 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 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). City Council Minutes 2 APRIL 5, 2011 Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT David Archer, La Quinta Chamber of Commerce, presented the new La Quinta map to the City Council. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented a proclamation in honor of April 2011 as Child Abuse Prevention Month to Caroline Johnson, Riverside County, Coachella Valley Collaborative. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff /Evans to approve the City Council Minutes of March 15, 2011, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED APRIL 5, 2011 2. APPROVAL OF A GRANT APPLICATION TO MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE FOR RETROFIT OF EXISTING VEHICLES WITH DIESEL EMISSION CONTROL SYSTEMS AND APPROPRIATION OF FUNDS 3. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA TESTING, INC. FOR MATERIALS TESTING SERVICES 4. APPROVAL OF AN APPROPRIATION FOR CAPITAL PROJECTS FROM THE PROCEEDS OF THE 2011 FINANCING AUTHORITY AND 2011 REDEVELOPMENT AGENCY BOND ISSUES 5. DENIAL OF CLAIM FOR DAMAGES FILED BY MANUEL AND RHONDA CHAVEZ; DATE OF LOSS - DECEMBER 29, 2010 City Council Minutes 3 APRIL 5, 2011 6. DENIAL OF CLAIM FOR DAMAGES FILED BY STATE FARM INSURANCE /MANUEL AND RHONDA CHAVEZ; DATE OF LOSS - DECEMBER 29, 2010 7. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY FOR THE CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT BETWEEN THE AGENCY AND LA QUINTA FARMS, LLC 8. APPROVAL TO EXCUSE COMMISSIONER PEGGY REDMON'S ABSENCE FROM THE MARCH 17, 2011 HISTORIC PRESERVATION COMMISSION MEETING 9. ADOPTION OF A RESOLUTION IN SUPPORT OF THE MISSION SPRINGS WATER DISTRICT GROUNDWATER QUALITY PROTECTION PROJECT (RESOLUTION NO. 2011 -025) 10. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING TO BE HELD IN ONTARIO, CALIFORNIA ON APRIL B, 2011 MOTION - It was moved by Council Members Sniff /Evans to approve the Consent Calendar as recommended and with Item No. 9 being approved by RESOLUTION NOS. 2011 -025. Motion carried unanimously. BUSINESS SESSI 1. CONSIDERATION OF AN ART PURCHASE AGREEMENT FOR LAQSCAPE AND OU/, MARQUISE WITH THE DESERT RECREATION DISTRICT AND STEVE DAVIS TO BE PLACED IN THE LA QUINTA COMMUNITY CENTER Community Services Director Hylton presented the staff report. Craig DeWitt, Desert Recreation District, demonstrated the shape and materials used for the LaQscape. Community Services Director Hylton explained staff's recommendation is to purchase both art pieces, but if the City Council desires to purchase one piece, staff suggests the LaQscape. Council Member Sniff asked why is there water. Mr. DeWitt explained that both pieces are self- contained fountains which recirculate the water. City Council Minutes 4 APRIL 5, 2011 Mayor Adolph asked what the life expectancy of the water pump is. Mr. DeWitt stated the pumps last a few years, will be placed for easy access, and run quietly. In response to Council Member Sniff, Mr. DeWitt explained the water will trickle down from the top of the Oui, Marquise piece and from the center of the LaOscape, and recirculate; and confirmed there will be a plaque identifying the piece and the City as the donator. Council Member Henderson stated the Arts in Public Places (APP) ordinance states all of the artwork purchased must be original and not duplicated elsewhere. Community Services Director Hylton confirmed that both pieces are originals and stated there is language - prohibiting duplication of the art pieces in the agreement. Council Member Evans stated the APP requires public access to the art pieces. Community Services Director Hylton explained the facility is a public building and if the public requests to view the art, staff can direct them during business hours. Council Member Evans asked where the Oui, Marques art piece will be placed in the facility. Mr. DeWitt explained there is an air wall to divide the room and the Oui, Marquise will be placed permanently against the air wall. Council Member Henderson asked why not place the art piece near a window. Mr. DeWitt explained the art piece will be covering access to the area beyond the air wall in the center of the room, with a window at each side of it. Council Member Henderson asked why the art piece isn't placed at a window; and expressed concern of access to the art pieces when following the map of art in public places. Mr. DeWitt explained that placing the art piece at the air wall centers the piece in the room and gives additional accent on the east wall; and further stated staff will be happy to show the art pieces to the public. Council Member Henderson suggested having identification outside the building for the art pieces. Council Member Evans conveyed her support for the LaOscape piece as opposed to the Oui, Marquise, and asked what the reasoning was for the Community Services Commission's recommendation. Community Services Director Hylton explained the Commission felt one piece was adequate for the facility. City Council Minutes 5 APRIL 5, 2011 Council Member Evans asked if there are any plans for placing artwork at the exterior of the facility. Mr. DeWitt stated there is not. Council Member Franklin asked if the Desert Recreation District will be providing the maintenance of the art pieces. Mr. DeWitt confirmed. Council Member Franklin stated she personally bought an art piece from Mr. Davis and stated the patina is beautiful and is very happy the City will be obtaining one of his pieces. Council Member Sniff asked if the piece is transparent as there are bubbles included in the rendering. Mr. DeWitt explained the rendering was depicted with the District's logo but it will be omitted from the actual art piece. Mayor Adolph asked if the copper will maintain its color for years to come. Mr. Davis explained a patina will occur with different colors to enhance the piece. Council Member Henderson asked where the water is constantly making contact with the copper, is that where the patina turns to green. Mr. Davis confirmed and explained an additive will be added to the water to neutralize it. Mayor Adolph asked if the recommendation is to take both items into consideration, one item. Community Services Director Hylton stated it is up to the Council's discretion. Council Member Henderson stated it would be enticing to have one art piece outside the building; and recommended the purchase of the LaQscape piece now, and consider purchasing another for the outside at a later time. MOTION - It was moved by Council Members Henderson /Franklin to approve an Art Purchase Agreement for the purchase of the "LaQscape" for the La Quinta Community Center in the amount of $18,000 using APP funds, authorize the City Manager to execute the Agreement, and an identification plaque provided by the Desert Recreation District. Motion carried unanimously. 2. CONSIDERATION OF THE FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW THE 4 QUARTER GRANT REQUESTS The staff report remained unchanged and on file in the City Clerk Department. City Council Minutes 6 APRIL 5, 2011 MOTION - It was moved by Council Members Evans /Henderson to establish an Ad Hoc Committee to consider 4`" Quarter Grant Requests and appoint Council Members Evans and Henderson to serve on the Committee. Motion carried by a vote of 4 -1 with Council Member Sniff dissenting. 3. CONSIDERATION OF APPOINTMENT OF A DELEGATE AND ALTERNATE TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY The staff report remained unchanged and on file in the City Clerk Department. MOTION - It was moved by Council Members Evans /Franklin to appoint Mayor Adolph as the voting Delegate and Council Member Evans as the Alternate for the SCAG General Assembly. Motion carried unanimously. STUDY SESSION 1. DISCUSSION REGARDING MARKETING STRATEGIES PLAN FOR FISCAL YEAR 2011 -2012 Economic Development Project Manager Casillas presented the staff report. Andrea Carter, Furino Greene, reviewed the Cooperative Marketing Program. Stephanie Greene, Principle, G Creative, reviewed the mobile phone and iPad applications. Council Member Evans asked if the basic search app includes City government information. Mrs. Greene explained the "app" was designed for tourism and can include civic resources if it is utilized often. Council Member Henderson asked what is the cost involved. Mrs. Greene explained there was a design cost which was included in this budget and upgrades will be included in the next fiscal year; and further explained there is no cost for housing or downloading the "app." Mrs. Greene continued by reviewing the new design for the tourism website. Mayor Adolph stated he noticed the lack of advertising from the La Quinta Hotel and asked if Furino Greene is involved with their marketing. Mrs. Greene stated they meet with them to avail certain resources to the hotel. City Council Minutes 7 APRIL 5, 2011 Council Member Sniff referred to page 5 of the staff report regarding the goals and reference of the City as a premiere tourist destination, and asked how staff promotes the local businesses in the off - season. Economic Development Project Manager Casillas stated there are two markets, one with local residential and the other tourism, with both continuing all year. Council Member Sniff asked who the key city partners are. Economic Development Project Manager Casillas explained they are those that organize large events, the co -op partners, as well as anyone that works with the City. Council Member Sniff asked how the distribution of the City newsletter identifies and promotes the businesses in the City. Economic Development Project Manager Casillas explained the City newsletter includes two articles: one for Garff auto dealer and another for new businesses in the community, and promote shop local. Council Member Sniff referred to the statement of "Keep La Quinta on Top of Mind "; and suggested the outreach to the permanent residents. Council Member Henderson suggested to emphasize on the 'adults with disposable income' and asked how will the advertising be targeting them; stated there is still a market of people that are not on the internet and suggested an advertising strategy be designed for them. Assistant City Manager - Development Services Evans explained 5% of the marketing budget is utilized for the technical aspect, and the remainder of the budget is utilized for local and media advertising with most of it being non - technological. Council Member Henderson stated she has seen advertising on the television late in the evening. Council Member Evans stated the major events are being promoted to the tourists as well as the residents; stated the adults with disposable income are the ones that play with the a -toys; and commended the Chamber of Commerce's efforts to promote discounts for local businesses in the off- season, and staff providing marketing efforts throughout the entire year, and the new "app." Council Member Franklin conveyed her agreement with the comments made by Council Member Evans; and stated she likes the use of technology and applauded Furino Greene's efforts. Mayor Adolph conveyed his agreement with Council Member Sniff's concern of advertising to the residents during the off - season; and asked if there is any discussion of incentives provided by the local businesses during the off- City Council Minutes 8 APRIL 5, 2011 season. Mrs. Carter stated there has been discussion about the discounts given by local businesses and are planning efforts promoting specials for the off- season. Mayor Adolph stated there is a concern of businesses leaving the community because of the lack of advertising to bring in customers. Economic Development Project Manager Casillas reviewed the possibilities of acknowledging and celebrating the City's 30 Anniversary. Council Member Evans conveyed her support of the 30 Anniversary graphic for the anniversary celebration. Council Member Henderson agrees with staff's recommendation for the promotion; stated the Art Foundation will be celebrating their 30`" Anniversary as well and suggested a joint promotion with the Foundation; and stated the Fishing Derby at Lake Cahuilla was successful despite it not being promoted this year. Council Member Henderson asked if another similar event was recently scheduled. Community Services Director Hylton stated there hasn't been a City fishing event since the 25"' Anniversary celebration and does not anticipate another similar event this year as staff is planning events to the confines of a reduced budget. Council Member Henderson stated the branding of each event tied to the 30`" Anniversary is critical. The City Council concurred to proceed with the plan. REPORTS AND INFORMATIONAL ITEMS IID Energy Consumers' Advisory Committee — Council Member Franklin announced the Committee will be conducting an Earth Day on April 16, 2011 at the Imperial Valley College campus; received a presentation on power supply planning, which is the largest expense of IID with pricing in two different areas, capacity charge and energy capacity charge, and explained the most expensive is when energy is used in high demand, but not very often; the Commission received another presentation of how energy is purchased by IID; reported all meters will be exchanged for Smart Meters beginning in the Fall, with all changes completed in 3 to 5 years which will enable IID to shut down service at will. Further reported IID has 8% of the 20% renewable requirement by 2012 and are looking at ways to 'go green' as quickly as they can, and are attempting not to pass the expense to the consumers; and stated IID does not recommend solar as energy efficiency. City Council Minutes 9 APRIL 5, 2011 Animal Campus Commission - Council Member Franklin reported the County is $16,000 short of funding an Adoption Counselor and Animal Samaritans will fund the shortfall. Jacqueline Cochran Regional Airport Authority - Council Member Franklin reported this year's air show will be held on November 5, 2011. CVAG Valley Wide Homeless Committee - Council Member Franklin reported Michael Shepard to provide grant writing services through June 30, 2011; stated CVAG is not in a position to hire a replacement for the position. Martha's Kitchen closed their emergency shelter of 100 beds recently, and C.V. Rescue Mission was able to increase their facility by 10 beds and Roy's Resource Center increased from 90 to 120 beds which is their capacity, and the County will make up the difference with funding the additional beds. Council Member Franklin further reported the Committee held a strategic planning session and the basis of discussion was how to move Roy's Resource Center to becoming self- sufficient with an end result of establishing a schedule with ownership given to the Committee directing; stated she was given the task to obtain a person to serve on a non - profit organization established for fundraising purposes, and was able to obtain Frank Blum to serve; and announced a dinner open to visitors on the 1" and 3r Monday of every month to tour Roy's Resource Center. CVAG Transportation Committee - Council Member Henderson reported the Train Day event scheduled for May has been cancelled due to a lack of funding and commitment from the hotels in the Coachella Valley; stated train transportation will be promoted with local events scheduled for next year. Palm Springs International Airport Commission - Council Member Evans reported there are ongoing discussions concerning the Retention Center at Whitewater; stated the CVA is in the process of selecting a company to redesign their website; stated the organization is under budget at this time, and reported there has been an increase of transient occupation tax and looks promising for driving the market coming from the Los Angeles area to the Coachella Valley in the summer. Sunline Transit Agency / Sunline Services Group - Mayor Adolph reported the Authority approved a 16 cent increase of the maximum rate per mile for taxicabs due to the increase of gas prices. CVAG Executive Board - Mayor Adolph reported Roy's Resource Center has requested an increase of $77,000 for a total of more than $1 million due to the increase of the number of beds, which will have to be funded by the County; further reported there was a conversation of adopting a resolution supporting a daily intercity rail service in the Valley, and will have a letter- writing campaign to encourage the railroad to bring rail service in the Valley. City Council Minutes 10 APRIL 5, 2011 Council Member Henderson stated there are groups of people actively pushing for intercity rail service who felt it necessary to request each city to encourage the service. Mayor Adolph further reported the Board adopted a resolution opposing Governor Brown's realignment proposal to shift adult parole supervision from the State to local government. All other reports were noted and filed. DEPARTMENT REPORTS — None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff conveyed his concern of the current retention of the City Council audio tapes and requested the Council direct the City Clerk to retain all audio tapes permanently. Following discussion, the City Council concurred to direct staff to bring back an amendment to retention schedule. Council Member Evans stated she attended the Taste of La Quinta and reported there were over 700 tickets sold; commended the Chamber of Commerce and volunteers for their efforts in making the event successful. Council Member Evans reported she attended her first meeting as a new member of the Find Food Bank Board of Directors; stated she spoke to Rancho Mirage Council Member Scott Hines who is participating in the Hunger on the Streets Week by voluntarily living as a homeless person to experience those who are food insecure; stated Council Member Hines spent time in La Quinta today at Washington Street and Highway 111; also reported Council Member Hines' experience is being chronicled at www.thehungryvalley.com and stated interviews will be conducted with residents at Vista Dunes regarding the struggle to obtain resources, and also with the church adjacent to Vista Dunes regarding the struggle of providing food to those in need. City Council Minutes 11 APRIL 5, 2011 Mayor Adolph conveyed his concern of the public's safety during a high -speed chase in the community and requested the Police Chief to explain the Department's Policy. Police Chief Gregory explained the policy and balancing the safety of all those involved with the pursuit of a perpetrator. Mayor Adolph asked if other officers are aware of the pursuit when it occurs and can they assist as the perpetrator approaches them within the City. Police Chief Gregory confirmed and stated the information is broadcasted for the safety of the officers and so other allied agencies can be involved as necessary. Mayor Adolph suggested the City Council communicate with the residents and explained that the officers are trained well in this type of pursuit. Police Chief Gregory confirmed officers are consistently trained in this area, and the Department has a comprehensive system that keeps this matter mindful of the officers. Council Member Henderson stated it appears decisions are discretionary by the officer involved in the pursuit. Police Chief Gregory stated there are so many factors involved that much of the basic decisions come from the officer involved. Council Member Sniff stated the officers have superior communication and training systems, and can communicate with their superiors as well as other officers while on pursuit. Mayor Adolph stated his desire is to provide public safety during such an event. Council recessed to the Redevelopment Agency meeting and until 7:00 P.M. 7:00 P.M. PUBLIC COMMEN - None PRESENTATIONS - None PUBLIC HEARINGS 1. JOINT PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2011 -2012 THROUGH 2015 -2016 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) Public Works Director Jonasson presented the staff report. City Council Minutes 12 APRIL 5, 2011 Principal Engineer McKinney reviewed the Fiscal Year 2011 -2012 Capital Improvement Projects. Council Member Henderson asked if the process includes approving the Fiscal Year 2011 -2012 projects at this time, with the remaining projects being approved the following years, respectively. Public Works Director Jonasson confirmed. Mayor Adolph conveyed his focus is on the coming year projects as opposed to the next five years; asked how important is it to change the monument at the entrance of the City and if the funding can be utilized for a more needed project. City Manager Genovese stated the monument enhancement project was an added project and tied to the bond issue to secure funding and will only move forward if the bond issue proceeds. Mayor Adolph asked if the bond can be used for anything else. City Manager Genovese explained the funds can only be used for a project in Project Area No. 2. Mayor Adolph asked if the funding can be used for a project that is more beneficial to the community in Project Area No. 2. City Manager Genovese stated other improvements can be funded by other resources such as the Developer Impact Fee and the monument project cannot be funded by other resources or a future funding mechanism and was moved forward to secure funding; and further explained that what the City Council is approving at this time is to move forward and may need to reconsider the action depending on the outcome of the State budget situation. The Mayor and Redevelopment Agency Chairperson declared the PUBLIC HEARING OPEN at 7:20 p.m. Kay Wolff, 77 -227 Calle Ensenada, representing the Cove Homeowners' Association, stated there aren't any projects scheduled for the Cove area; she thought the drainage project on Avenida Bermudas was for this fiscal year; stated Cove residents would request no additional signals be installed, particularly at Avenida Sinaloa and Eisenhower Avenue and the proposed signal at Avenida Montezuma and Eisenhower Avenue; stated there are bus stops scheduled and conveyed the need for shielded bus stops; conveyed her support of the speed bumps in the Village area and youth facility expansion; stated there is a need for assisted living facilities in the City. Council Member Henderson received a phone call from a resident who is selling her house because she and her husband are moving into an assisted living facility; and stated the aging residents agree with Mrs. Wolff on the need for an affordable assisted living facility. City Council Minutes 13 APRIL 5, 2011 Mrs. Wolff stated she had the occasion to move a relative into a board and care facility; and stated she thought that all the projects were contingent upon redevelopment agency funding and the resolution of the elimination of redevelopment agencies. There being no additional requests to speak, the Mayor and Redevelopment Agency Chairperson declared the PUBLIC HEARING CLOSED at 7:24 p.m. Council Member Henderson asked if the listed costs for the projects are estimates. Public Works Director Jonasson confirmed: Council Member Henderson stated sometimes there is confusion from the public when the final cost its different from the Engineer's estimate. In response to Mrs. Wolff, Public Works Director Jonasson clarified the Avenida Bermudas drainage project is for the Old Town area near Calle Tampico. RESOLUTION NO. 2011 -026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2011 -2012 THROUGH 2015- 2016 CAPITAL IMPROVEMENT PLAN, CONSENTING TO THE EXPENDITURE OF FUNDS BY THE LA QUINTA REDEVELOPMENT AGENCY FOR CERTAIN IMPROVEMENTS SET FORTH IN SAID PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WITH RESPECT TO THE AGENCY'S EXPENDITURES It was moved by Council Members Sniff /Franklin to adopt Resolution No. 2011 -026 as submitted. Motion carried unanimously. ADJOURNMENT There being no further business, it was moved by Council Members Franklin /Adolph to adjourn. Motion carried unanimously. Hespectf y submitted, VERONICA J. NTECINO, City Clerk City of La Quinta, California