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2011 05 03 CC MinutesLA QUINTA CITY COUNCIL MINUTES MAY 3, 2011 A regular meeting of the La Quints City Council was called to order at the hour of 3:30 p.m. by Mayor Adolph . PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT Helga Paul, 45395 Coldbrook Lane, addressed the lack of maintenance of the property north of Washington Street and Miles Avenue (Centre Pointe project) and the accumulation of tumbleweeds against the residential wall and backyards; and requested assistance from the City Council to alleviate the problem. CLOSED SESSION 1. 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, 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 2. 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 The City Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. City Council Minutes 2 MAY 3, 2011 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 - None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff /Evans to approve the City Council Minutes of April 19, 2011, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 3, 2011 2. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, INC. TO PROVIDE AMERICANS WITH DISABILITIES ACT ACCESS CONSULTANT SERVICES AND APPROPRIATION OF FUNDS FROM THE FIRE TAX CREDIT ACCOUNT 3. ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL FOR GRANTS ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) (RESOLUTION NO. 2011 -031) City Council Minutes 3 MAY 3, 2011 4. APPROPRIATION OF FIRE TAX CREDIT FUNDS FOR FIRE DEPARTMENT RELATED TRAFFIC SIGNAL PROJECTS 5. ACCEPTANCE OF AVENUE 50 WIDENING (EAST OF JEFFERSON STREET), AND APPROVAL OF CONTRACT CHANGE ORDER NO. 4 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS SPRING CONFERENCE KNOWN AS RECON IN LAS VEGAS, NEVADA BEING HELD MAY 22 -25, 2011 7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. FOR CONTRACT CITY TRAFFIC ENGINEER SERVICES 8. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NUMBER 007 -N REV -1 TO AGENCY -STATE AGREEMENT NUMBER 08 -5433R FOR FEDERAL FUNDING TOWARD THE ADAMS STREET BRIDGE; AND AWARD OF CONTRACT TO CONSTRUCT THE ADAMS STREET BRIDGE IMPROVEMENTS, PROJECT 2006 -06 9. APPROVAL OF THE RATIFICATION OF ACTIONS TAKEN TO REPAY THE REDEVELOPMENT AGENCY LOANS. MOTION — It was moved by Council Members Sniff /Franklin to approve the Consent Calendar as recommended and with Item No. 3 being approved by RESOLUTION NO. 2011 -031. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF THE 4 QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS Community Services Director Hylton presented the staff report. Council Member Sniff asked why the Committee recommended awarding $3,500 instead of $5,000 as requested by the Certified Farmer's Market. Council Member Henderson explained the Committee considered the current economy, sending a conservative message while supporting business in La Quinta, and felt it was critical to continue supporting the event in the Village area. City Council Minutes 4 MAY 3, 2011 Council Member Evans further explained that the grant amount would potentially be used toward the purchase of additional recycled bags to minimize costs. Council Member Sniff stated he was curious of how the amount was derived instead of recommending the full amount of $5,000 requested. Council Member Henderson stated this amount has been awarded in the past. Council Member Evans stated the grant would be used toward other expenses and the Committee desired to support the event. Council Member Sniff asked what the rationale was for awarding $1,000 to the other two organizations. Council Member Evans explained $1,000 has been consistently awarded toward sports programs from the high school; and the Committee evaluated the impact to. the citizens in La Quinta specifically from CASA for Riverside County, Inc. and felt $5,000 was a high ratio of individuals for being completely supported. Council Member Sniff conveyed his mixed emotions of this program and stated he believes in supporting local businesses. Council Member Franklin stated she is interested in the OperaArts coming into the community and encouraged them to reapply in the future; referred to the request of the Desert Longhorn's Baseball and asked why the Committee did not support their request. Council Member Henderson explained there is a distinct policy regarding individual requests for travel or program participation. Mayor Adolph stated he is a firm believer the grants are to support charitable and non - profit organizations in La Quinta; and asked if the participants pay for their space at the Old Town Farmer's Market. Paul Palodichuk, Manager of Certified Farmer's Market, explained the farmers do pay a fee for space rental at the market. Mayor Adolph asked if the City marketing program includes advertisement of the Farmer's Market. Mayor Adolph conveyed his concern of providing public funds for advertising expense of business organizations that is making a profit. . Council Member Evans stated the non - profit organization of the Certified Farmer's Market is collecting sales tax, which facilitates and executes the cost of operating expenses. Mr. Palodichuk explained a farmer's market must be a non - profit or be sponsored by the City, another non - profit or a City Council Minutes 5 MAY 3, 2011 farmer; and stated there are three farmer's markets in the Valley and the Palm Springs Cultural Center assists all three markets. Council Member Sniff conveyed his concern of the Palm Springs Cultural Center Certified Farmer's Market in Old Town La Quinta. Council Member Henderson asked if La Quinta has a La Quinta Farmer's Market. Council Member Sniff asked Mr. Palodichuk if all the produce at the farmer's market is grown in the Valley. Mr. Palodichuk stated he cannot attest that all the produce is grown in the Valley, but can attest to them being grown in Southern California as there are very few small farmers in the Valley. Council Member Sniff stated that most of the farmers are not from the Valley. Mr. Palodichuk explained there is a tomato farmer from Salton Sea, dates from Mecca, and many are from the west of the Valley. Council Member Sniff conveyed his agreement with the concerns stated by Mayor Adolph regarding supporting organizations with grant funding that are not profiting local businesses; and suggested this issue be clarified before the next fiscal year budget is adopted. Mayor Adolph explained his concern of providing funding for profitable organizations, and clarifying the award of grants; and stated the grants should be awarded toward the organizations that contribute to the community. Council Member Franklin stated the Farmer's Market has brought goodwill into the community aside of the businesses, and has made people aware of the location of Old Town La Quinta. Mayor Adolph agreed OperaArts should reapply for grant funding; and asked if the Eisenhower Medical Center grant request is for the La Quinta or Rancho Mirage location. Council Member Evans explained the request is to help fund the Sexual Assault Response Team (SART) program and provide certification for nurses working in the program. Mayor Adolph asked if the books from First Book of East Coachella Valley are in English or Spanish. Community Services Director Hylton stated the application did not specify but speculates some books are provided in Spanish. Council Member Henderson explained that there are several organizations that provide a similar service and suggested guiding the organizations to work together to providing this service. City Council Minutes 6 MAY 3, 2011 Mayor Adolph stated it is important to provide books in English to the children to enable them to learn. Mayor Adolph referred to Desert Longhorn Baseball and stated his grandson was able to participate'in the program. ' : MOTION - It was moved by Council Members Franklin /Henderson to approve funding of Community Service Grants to Palm Springs Cultural Center for the Certified Farmer's Market at Old Town La Quints in the amount of $3,500; La Quints High School Softball Booster Club in the amount of $1,000; and CASA for Riverside County, Inc. in the amount of $1,000. Tonya Chavez, CASA for Riverside County Inc., conveyed appreciation of the $1,000 grant award and explained the services provided by the organization. Esther Janino, explained her role of child placement to foster homes through the program. Motion carried unanimously. 2. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2011 -2012 Community Services Director Hylton presented the staff report. Council Member Henderson stated the Commission has a good handle on what the issues are in the community and focus on them; there is so much involvement in the recreation of our community with two members that serve on the Art Purchase Committee; and does not see a connection between the Commission and the museum and suggested it be mentioned in the work plan. Community Service Director Hylton explained it is staff's responsibility to oversee the contracts for the museum and library. Council Member Henderson suggested that something needs to be considered and have the Commission be involved with the events at the museum and library. Council Member Henderson stated the community picnic was a great success this year; and suggested connecting the importance of the services provided to those visiting the community. Community Services Commission Chairperson Fitzpatrick conveyed her agreement of tracking the number of visitors that utilize our facilities and programs. Council Member Franklin stated she is happy to see an emphasis of a liaison in the work plan and suggested the directors of the museum and library have equal emphasis; and agreed with the comments made of the Commission not City Council Minutes 7 MAY 3, 2011 being involved with the management of the recreation programs, but be involved in the events. Council Member Evans stated utilizing the energy the Commission brings to promote the events in the community even beyond the work plan. Mayor Adolph stated every year the Commission does a wonderful job and doing better as the years progress; and conveyed his pride in the service the Commission provides; and suggested staff promote the amenities provided by the City. MOTION - It was moved by Council Members Henderson /Evans to approve the Community Services Commission Work Plan for Fiscal Year 2011 -2012. Motion carried unanimously. STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS CVAG Valley -Wide Homeless Committee - Council Member Franklin reported the City of Indian Wells has dedicated May 2011 to assisting the homeless by challenging residents to donate $1 at golf courses or while dining at the IW, and explained the funds received will be distributed between Roy's Resource Center, Martha's Village and C.V. Rescue Mission, and stated bracelets will be sold also; distributed the Nurses Station Progress Report depicting the services provided and number of clients served; further reported the Committee has been attempting to establish a foundation but is reluctant to provide funds, and stated she presented a case to the Committee to provide funds from the operating budget to assist with marketing. She announced the CVAG General Assembly Meeting will be held on June 27, 2011, in Desert Hot Springs and stated Roy's Desert Resource Center will be open for those who wish to visit while in the area; and explained the City provides $3,000 in lieu fees towards bus passes. III) Energy Consumers' advisory Committee - Council Member Franklin reported the Energy Cost Adjustment Rate is .5 cents per kilowatt and added to the bill each month; stated they will be returning to a flexible rate because the cost of energy has decreased, and has been overcharging; explained a rate stabilization fund of $150 million has been established with the surplus funds and will be utilized if the cost exceeds the .5 cents per kilowatt fee; and further explained the use of an icebear for air conditioning of businesses. City Council Minutes 8 MAY 3, 2011 C. V. Mountains Conservancy - Council Member Franklin reported the Board will discuss the appointment of a new Executive Director, and the State has lifted the hiring freeze for this position. League of California Cities - Council Member Henderson reported the California Redevelopment Agency (CRA) and League have endorsed reforms proposed in SB. 286 by Senator Rod Wright, which applies to new redevelopment agencies as of January 2012, and explained the inclusion of prohibiting local agencies to collect school share of local property taxes or tax increment, restricting the designation of blight, and the prohibition of use of redevelopment funds for golf courses and race tracks; further stated the bill will be presented to the Budget Committee and the Chair has also been promoting reform; Senator Wright will be attempting to sell this bill along with a separate bill regarding voluntary contribution of redevelopment funds; stated the governor is adamantly opposed to, any legislation that does not promote the elimination of redevelopment agencies. Council Member Franklin asked what the amount of funding in pass- through agreement is for the City on an annual basis. City Manager Genovese stated there is approximately $700,000 from Project Area No. 1, and 50% of the increment from Desert Sands Unified School District in Project Area No. 2. Council Member Franklin asked how much funding would be sent to the State under SB 286. Council Member Henderson stated the amounts would not change; and explained there are two options available in the voluntary contribution section of the bill to opt -in any amount from one to ten years or pledge the entire amount of the housing funds. Council Member Sniff stated the cities are going to lose funding and control of redevelopment agencies. Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Evans invited the City Council to a reception' being held on May 10, 2011, at the Palm Springs Airport. Sunline Transit Agency / Sunline Services Group - Mayor Adolph reported the agency approved the Short Range Transit Plan and is speculative of obtaining funding; announced a new taxi voucher program available to 65 +and handicapped. CVAG Executive Board - Mayor Adolph reported the Board approved the Homeless Committee Strategic Plan, except for the hiring of a staff manager. City Council Minutes 9 MAY 3, 2011 City Manager Genovese clarified the amount from pass- through agreements as $817,000 from Desert Sands Unified School District in Project Area No. 1 for Fiscal Year 2010 -2011, and with both project areas approximately $8 million for Coachella Valley Unified School District. All other reports were noted and filed. DEPARTMENT REPORTS — None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Evans commended the Police and Fire Departments and for the exceptional organization of traffic flow; and the coordination of marketing for the Stagecoach event. Council Member Evans received a mail piece from the Pavilions at La Quinta shopping center and referred to a statement printed promoting retail and economic development in the community. Council Member Henderson suggested the City Council direct the City Manager to review the time set for public hearings on the agenda. Council Member Sniff suggested staff review flexible times for public hearings. City Attorney Jenson stated flexible times can be established but a specific time must be published in the public hearing notice. The City Council concurred. Council Member Franklin attended the presentation by San Bernardino County Museum's Curator of Paleontology, Eric Scott, and stated it was fabulous and was pleasantly surprised; and suggested an excursion be scheduled for the upcoming dinosaur exhibit in Los Angeles this summer. Mayor Adolph agreed with the comments made by Council Member Evans regarding traffic control during the Stagecoach event; and suggested better planning for access of residents to their properties surrounding the venue. Council Member Franklin explained the motor was stolen from the gate on Madison Avenue at Rancho Santana which is the reason for one access gate available that weekend. Mayor Adolph asked when the event was supposed to end as he received complaints of the noise extending passed 1:00 a.m. from nearby residents. Mayor Adolph stated he was contacted by Desert Hot Springs Mayor Yvonne Parks regarding a fundraiser for support of legal expenses of Citipack. Council Member Henderson explained the fundraiser is a joint effort between Citipack and the City Council Minutes 10 MAY 3, 2011 League of California Cities for payment of defense attorneys for litigation of the propositions protecting redevelopment funding; and stated each League Division has been given the task to contribute $30,000. The City Council recessed to the Redevelopment Agency meeting and recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT — None PRESENTATIONS — None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2007 -105 AND SITE DEVELOPMENT PERMIT 2006 -875 FOR AN APPROXIMATELY 234,450 SQUARE FOOT RETAIL AND MEDICAL OFFICE DEVELOPMENT ON APPROXIMATELY 25 ACRES LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P. Planning Director Johnson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:04 p.m. Marvin Roos, MSA Consulting, consented to the minor changes. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:06 p.m. RESOLUTION NO. 2011 -032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE -YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A CONVALESCENT /REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE FOOT RETAIL STORES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON AND FRED WARING DRIVE City Council Minutes' 11 MAY 3, 2011 It was moved by Council Members Sniff /Henderson to adopt Resolution No. 2011 -032 as submitted. Motion carried unanimously. RESOLUTION NO. 2011 -033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE -YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A MEDICAL OFFICE .COMPLEX LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE It was moved by Council Members Sniff /Franklin to adopt Resolution No. 2011 -033 as submitted. Motion carried unanimously. ADJOURNMENT There being no further business, it was moved by Council Members Sniff /Franklin to adjourn. Motion carried unanimously. Respec ully submitted, VERONICA . MONTECINO, City Clerk City of La Quinta, California