2011 07 05 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
JULY 5, 2011
A regular meeting of the La Quinta 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 - None
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND TERRY
DEERINGER, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY
EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION
54957.6 MEET AND CONFER PROCESS
The City recessed to Closed Session 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
Jack Shannazarian, 45 -155 Sunberry Court, Boy Scout Troop 377, explained he is
working on an Eagle Scout project to provide 150 starter kits of school supplies to
students at Los Palmitas Elementary School in Thermal; and requested the support
and donations from the City of La Quinta.
Mayor Adolph asked Mr. Shannazarian if he is working on a merit badge. Mr.
Shannazarian explained the project is for Eagle Scouts.
Council Member Henderson stated the Council will pass the request to the
organizations to which they are involved.
City Council Minutes 2 JULY 5, 2011
Council Member Evans asked how the supplies will be presented to the students.
Mr. Shannazarian explained the schools will open in late August and if enough
funds are provided, the supplies will be given in backpacks.
Council Member Henderson suggested Mr. Shannazarian look into partnering with
the Boys and Girls Club as they provide backpacks filled with school supplies to
students in August.
Council Member Evans stated she is willing to donate 150 plastic tote bags from
JFK Memorial Hospital for the project.
Council Member Franklin suggested Mr. Shannazarian contact Christina Calderon,
Recreation Supervisor, at the Senior Center for assistance.
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
PRESENTATIONS - None
WRITTEN COMMUNICATIONS - None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff /Franklin to approve the City
Council Minutes of June 21, 2011, as submitted. Motion carried unanimously.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED JULY 5, 2011
2. ACCEPTANCE OF FISCAL YEAR 2011 12012 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) AWARD IN THE AMOUNT OF
"$ 16,152 FROM THE BUREAU OF JUSTICE ASSISTANCE, AND APPROVAL
TO SUBMIT PROJECT APPLICATION
City Council Minutes 3 JULY 5, 2011
3. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31910, CAPISTRANO,
LA QUINTA 57 ESTATES, INC. (RESOLUTION NO. 2011-055)
4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31910, CAPISTRANO,
LA QUINTA 57 ESTATES, INC. (RESOLUTION NO. 2011-056)
5. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO.
487 AMENDING TITLE 3, CHAPTER 3.34 OF THE LA QUINTA MUNICIPAL
CODE CONCERNING THE LOCAL DEVELOPMENT MITIGATION FEE FOR
FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN
ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN — MUNICIPAL CODE AMENDMENT 2001-
001
6. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE
DESERT CLASSIC CONCOURS d'ELEGANCE
7. APPROVAL OF A CONTRACT FOR DEPOSIT OF MONIES WITH RABOBANK
N. A.
8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE LA
QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2011/2012
9. ADOPTION OF A RESOLUTION APPROVING THE RIVERSIDE COUNTY
COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM AND
EMERGENCY SHELTER GRANTS (ESG) INVESTMENT PARTNERSHIP
PROGRAM FUNDS FOR FISCAL YEARS 2012 -2014, AND AUTHORIZE THE
MAYOR TO SIGN THE AGREEMENT (RESOLUTION NO. 2011-057)
10. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA
QUINTA CITY EMPLOYEES' ASSOCIATION FOR FISCAL YEAR 2011/2012
(RESOLUTION NO. 2011-058)
MOTION — It was moved by Council Members Sniff /Evans to approve the
Consent Calendar as recommended and with Item Nos. 3, 4, 9, and 10 being
approved by RESOLUTION NOS. 2011-055 through 2011-058 respectively.
Motion carried unanimously.
City Council Minutes 4 JULY 5, 2011
BUSINESS SESSION
1. CONSIDERATION OF THE INVESTMENT ADVISORY BOARD FY 2011/2012
WORK PLAN
Finance Director Falconer presented the staff report.
Council Member Henderson stated the Investment Advisory Board makes the
Council's job easier. Mayor Adolph asked if the City is utilizing RaboBank.
Finance Director Falconer confirmed, and explained LAIF funds have been
transferred to RaboBank in light of the State budget situation.
MOTION - It was moved by Council Members Sniff /Franklin to approve the
Investment Advisory Board 2011/2012 Work Plan. Motion carried
unanimously.
2. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 11 OF THE LA
QUINTA MUNICIPAL CODE TO ADD SECTION 11.44.100 (DOG PARK
RULES AND REGULATIONS) TO CHAPTER 11.44
Community Services Director Hylton presented the staff report.
Council Member Evans requested' clarification on Rule Q regarding
apparatuses in use at the park. Community Services Director Hylton
explained the rule was established to discourage the use of skateboards and
other such equipment at the dog parks.
1
Council Member Franklin asked if the rules are currently posted at the parks.
Community Services Director Hylton explained some rules are posted at the
parks and upon the adoption of the ordinance, staff will be able to enforce
the rules. Council Member Franklin asked if the adopted rules would be
posted. Community Services Director Hylton explained all the rules listed
will be posted at the dog parks.
Council Member Henderson conveyed her concern for Rule R, particularly the
use of dog treats by owners training their dogs; stated no one will be out at
the parks policing them; and stated this rule may have overstepped the
boundaries. Community Services Director Hylton explained there have been
occasions where a dog owner that brings dog treats is over run by other
dogs; the rule was based on the level of risk, and staff can consider making
a change to the rule if the City Council feels the rule is too restrictive.
City Council Minutes 5 JULY 5, 2011
Council Member Henderson asked if this is one of the recommendations from
the insurance organization. Community Services Director Hylton confirmed
and explained staff has received input from residents.
Council Member Henderson stated it is a challenge to adopt rules when
people are going to violate them, leading to habitual violations; and conveyed
her concern of enforcement.
Assistant City Attorney Ramirez stated it is a balancing act to establishing
rules versus protecting the City from liability; at a stand point of practicality,
the City Council can defer to staff's view on the enforcement in practice;
and can make a distinction of training treats in use at the parks; and
confirmed the rules presented are recommended by the JPIA to most cities in
the Valley.
Council Member Evans questioned the definition of an 'unruly dog' and when
it crosses to being vicious.
Mayor Adolph asked how the rules are going to be enforced, and when there
is a situation of a violation, will warnings and /or citations be issued or is it at
the discretion of the Code Compliance Officer. Community Services Director
Hylton explained it would be similar to the enforcement of other violations
with a warning given first and citations if the violations continue.
Mayor Adolph stated it is difficult to enforce the rules because by the time a
Code Compliance Officer arrives, the offender is gone.
Council Member Evans stated the rules provide comfort and guidelines to
those who utilize the parks.
City Manager Genovese stated the rules will bring the City into compliance
and accordance to the liability issue; provides a decorum for users to refer to
and work out situations that may occur; once a user notices a particular dog
owner violating the rules, they can alert staff and deal with the issue on an
as needed basis, similar to other parks in the City.
Mayor Adolph stated the adoption of the rules is appropriate and requested
the signage be posted in large lettering to be read easily.
Council Member Sniff also questioned how the rules will be monitored and
conveyed concern of oversight of compliance; and asked how do the dog
owners communicate with staff when a problem occurs. Community
Services Director Hylton explained many users have contacted staff by a cell
phone or a neighboring resident; confirmed there wouldn't be any staff
City , ,Council Minutes 6 JULY 5, 2011
monitoring the parks 24/7, but have observed the use of parks are self -
regulating and most people abide by the rules; and explained it is desired to
formalize the rules in the municipal code for enforcement.
Council Member Sniff asked if a phone number is posted to contact staff.
Community Services Director Hylton confirmed the contact number can be
placed on the sign posted at the parks.
Council Member Sniff stated users shouldn't call the police; the rules are
more guidelines than rules; and asked how are vaccinations are monitored.
City Manager explained owners are required to obtain a dog license and in
order to obtain a license the dogs must have received vaccinations.
Council Member Sniff asked what is an unruly dog and how it is determined.
City Manager Genovese stated that would be monitored on an as needed
basis, as there are over zealous dogs that annoy other dogs and users, and
staff can be contacted to address the issue with that particular dog owner.
Council Member Sniff stated interpretation of` the rules and enforcement will
be difficult; and applauded staff for compiling a set of rules.
Council Member Sniff asked if there is a shovel and soil for users to fill holes
dug by the user's dogs. Community Services Director Hylton stated staff
will provide the tools as there is currently a problem with dogs digging.
MOTION - It was moved by Council Members Sniff /Evans to take up
Ordinance No. 488 by title and number only and waive further reading.
Motion carried unanimously.
ORDINANCE NO. 488
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 11.44.100 - DOG PARK RULES AND REGULATIONS
It was moved by Council Members Sniff /Evans to introduce Ordinance No.
488 on first reading. Motion carried by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff,
Mayor Adolph
NOES: None
ABSTAIN: None
;ABSENT: None
City Council Minutes 7 . JULY 5, 2011
3. CONSIDERATION OF A USE AND MARKETING AGREEMENT BY AND
BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA OUINTA
Marketing /Economic Development Manager Casillas presented the staff
report.
Community Services Director Hylton reviewed the logistical aspect of the
event.
Council Member Sniff asked if the contract with Desert Classic Charities is
for one -year and if the $110,000 has been budgeted. Marketing /Economic
Development Manager Casillas explained the agreement is not intended to be
one -year, but to terminate after the event in 2019, or if funds are not
appropriated any year prior to 2019. Council Member Sniff asked if the
agreement obligates the City to fund anything following the 2012 event.
City Manager Genovese explained the agreement obligates the City subject
to the appropriation of funds. Council Member Sniff asked if not
appropriating the funds violates the contract. City Manager Genovese
explained not appropriating the funds any one year will terminate the
agreement.
Council Member Sniff asked if the agreement is eight years between the
Clinton Foundation and Humana. Marketing /Economic Development Manager
Casillas explained the proposed agreement mirrors the agreement between
Humana, PGA Tour and the Clinton Foundation and terminate at the same
time.
Council Member Sniff if the City is obligated financial to participate in the
event after next year. City Manager explained it does not obligate the City if
the City Council does not approve to appropriate the funds; the agreement is
for the term of eight years.
Council Member Sniff asked if not appropriating the funds or having the
agreement is no legal liability. Assistant City Attorney confirmed.
Council Member Sniff asked if the agreement is for one year. Assistant City
Attorney Ramirez stated Section 2 of the agreement provides discretion of
the Council to decide each year to make the appropriation an if the
appropriation is not made, it would lead to a terminating event of the
agreement.
Council Member Sniff asked if the agreement with Desert Classic Charities is
for one year whether funds are appropriated or not, and has no legal liability.
City Council Minutes 8 JULY 5, 2011
City Manager Genovese stated the agreement between the City and Desert
Classic Charities is for a term of eight years and the participation is
contingent upon appropriation of funds.
Mayor Adolph asked if the agreement gives the right for the City to walk
away from the event as they did to us. City Manager explained the
agreement would be terminated if funds are not appropriated.
Council Member Sniff asked if it is staff's opinion if providing parking at
SilverRock Resort will not interfere with the golf play. Community Services
Director Hylton confirmed there would not be any adverse affect to the
golfing at SilverRock Resort. Council Member Sniff asked if there is
sufficient parking. Council Member Hylton explained staff has identified a
parcel of 45 acres made available for the parking for the event.
Mayor Adolph stated during all the years of using the SilverRock Resort, the
parking has never been full; but it would be questionable to use the Eden
Rock property in the future as the property owner has cordoned off access.
Council Member Evans asked if the two -day health conference will be held in
La Quinta. Marketing /Economic Development Manager Casillas stated the
last staff has heard from Desert Classic Charities the conference would be
held in La Quinta, and deferred to Mr. Irwin, Board of Directors of Desert
Classic Charities.
David Irvin, 74760 Highway 111, Suite 200, Indian Wells, Board of Directors
of Desert Classic Charities, stated representatives of the Clinton Foundation
have met with the La Quinta Resort; stated it is the intent to host the
conference in La Quinta, and their choice of venue was at the La Quinta
Resort.
Mayor Adolph stated his conversation with Desert Classic Charities was it is
their intentions to utilize facilities in La Quinta. Mr. Irvin stated the La Quinta
Resort was very hospitable and made a good impression with the
representatives from the Clinton Foundation and Humana, and were
discussing specific dates.
Council Member Henderson stated it is not uncommon for organizations to
book hotels in advance for five or six years.
Mayor Adolph stated he is confident the La Quinta Resort will do everything
they can to accommodate the conference.
City Council Minutes 9 JULY 5, 2011
Mayor Adolph asked what type of organization is Humana. Mr. Irvin
explained the organization is primarily a health insurance company and has
not hosted a golf tournament before; this partnership transpired from a board
member who is a friend of former President Clinton and was able to partner
with Humana.
Mayor Adolph asked if Humana has done any marketing in the West coast.
Mr. Irvin stated they have not conducted much marketing in the West coast
but is confident the Humana Challenge will be a start.
Mayor Adolph stated he hopes the organization is financially stable; and
conveyed the importance of maintaining the level of contributions provided
to the charities in the past.
Mr. Irvin stated the price for amateur play has increased to $25,000, with
some of the difference in cost providing the organization to be ahead from
where contributions have been in the past; and stated the organization's
treasurer has determined the event should as successful, if not better, than
in the past. Mayor Adolph stated he is hopeful the event would be
successful.
Mayor Adolph stated the City will be contributing $110,000, in addition to
investing in amenities for the event; and asked if there will be a charge for
parking. Mr. Irvin stated there is no intention to charge for parking at this
time. Mayor Adolph conveyed his concern of over charging attendees.
Mayor Adolph stated the object is to make the event fiscally viable and
conveyed concern of over charging attendees in this economy. Mr. Irvin
stated the organization certainly will be sensitive to the economy. Mayor
Adolph stated he felt the City was being blindsided with the elimination of
using SilverRock Resort in the tournament; and stated the PGA West
residents are upset for giving up two of the three private golf courses
without any incentives to the residents. Mr. Irwin stated they hear about the
discontent of the residents, and the organization may need to be flexible as
the members can tolerate only so much imposition; and SilverRock Resort
may be considered for tournaments in the future.
Council Member Henderson stated La Quinta has been in the right place at
the right time as we are entering into a new world; one of the key points of
the new world will be health, and is glad the City can be a part of the event
and hope to continue to do so; and asked for clarification of the other
unknown costs for which the City will be responsible. Community Services
Director Hylton stated other costs would include the planting of rye grass on
the parking lot. City Manager Genovese explained in -kind services include
City Council Minutes 10 JULY 5, 2011 li
setting up traffic signs, installation of tournament banners, etc. are all
budgeted.
Council Member Henderson stated the City would have to put some kind of
groundcover down for PM 10 issues. City Manager confirmed and stated
there is a farming agreement to take care of the rest of the property.
Council Member Henderson asked if there will be city -wide banners or only in
the Village. Community Services Director Hylton explained staff
maintenance would install banners in Old Town and Desert Charities would
contract to install signs throughout other areas of the City. City Manager
explained the placement of banners is rotated for all events.
Mayor Adolph asked if there will be television advertising of the SilverRock
Resort during the Classic. Community Services Director Hylton confirmed.
Marketing /Economic Development Manager Casillas further explained it will
be the City's 30' Anniversary and additional funding has been included in
the budget to accommodate the promotion.
Council Member Evans stated the City has a marketing plan for the
SilverRock Resort and part of that would be enforced during the Humana
Challenge which is included in the budget.
Council Member Franklin applauded Mr. Thiel for the organization's
involvement and stated the City will be obtaining national advertising during
the event at little or no cost.
Mr. Thiel explained the relationship between Humana and the Clinton
Foundation broke during the tournament.last year and is the envy of the PGA
tour to have an eight year agreement and an engaged relationship with
Former President Clinton; will be a crescendo of events transpiring from the
tournament next year as the foundation speaks to 124 countries; stated with
the association with Humana and Clinton Foundation will bring a number of
supporters throughout the United States; the economics of this event are
certainly leading to doing more for charities; addressed the increase of the
cost for amateur play; will have a second Pro Am on Monday at the Stadium
Course and will be a more cost - friendly event; and stated the potential is
tremendous with this partnership.
Council Member Evans stated she is ecstatic about the new tournament; and
will benefit the City; and conveyed her appreciation of staff working with the
organizations to put this event together.
City Council Minutes 11 JULY 5, 2011
Council Member Sniff conveyed his well- wishes for the event; stated he is
cautious about entering into this agreement with full enthusiasm, as Mr.
Clinton is associated with many interests and global initiatives; supports the
agreement for one year and see how well it goes, as it may not generate as
much attendance as in the past because of the reduction by one day of the
event and the increase cost of amateur play.
MOTION — It was moved by Council Members Franklin /Henderson to approve
a use and Marketing Agreement by and between Desert Classic Charities and
the City of La Quinta in an amount not to exceed $110,000, and authorize
the City Manager to execute the Agreement subject to any minor
modifications approved by the City Manager and City Attorney. Motion
carried unanimously.
4. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR
2011/2012 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S
APPROPRIATION LIMIT
Finance Director Falconer presented the staff report.
Council Member Henderson thanked staff and the City Manager for working
hard to compile the budget.
Council Member Sniff stated these have been trying times and sometimes
talent will come to the surface more than usual, and commended the City
Manager and Finance Department for compiling a functioning budget.
RESOLUTION NO. 2011 -059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR
FISCAL YEAR 2011/2012 AND APPROVING A BUDGET FOR FISCAL YEAR
2011/2012
MOTION — It was moved by Council Members Sniff /Evans to adopt
Resolution NO. 2011 -059, as submitted. Motion carried unanimously.
5. CONSIDERATION OF AN APPOINTMENT OF A VOTING DELEGATE AND
ALTERNATE TO THE 2011 LEAGUE OF CALIFORNIA CITIES CONFERENCE
The staff report remained unchanged and on file in the City Clerk
Department.
City,Council Minutes . 12 JULY 5, 2011
MOTION - It was moved by Council Members Sniff /Franklin to appoint
Henderson as the Voting Delegate and Mayor Adolph as the Alternate for the
2011 League of California Cities Annual Conference. Motion carried
unanimously.
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
League of California Cities - Riverside Division - Council Member Henderson
reported the next meeting will be held on July 11, 2001, in Desert Hot Springs,
and Dan Carrigg will be the speaker.
League of California Cities - Council Member Henderson reported the lawsuit
against the State is almost complete and will be filed directly with the Supreme
Court; and stated there is much support; and reiterated it is the City's ,job to
support the efforts of the League and CRA in the lawsuit.
Palm, Springs Desert Resort Communities Convention & Visitors Authority - Council
Member Evans reported the budget was approved for the next fiscal year;
occupancy in hotels has increased 70.6% in April compared to 66.3% last year
and the revenue per available room has gained in dollars; going dark in August, and
have combined the with the HIVC for brevity and reduced duplication for efficiency.
All other reports were noted and filed
DEPARTMENT REPORTS - None
MAYOR AND COUNCIL MEMBERS' ITEMS
1. REQUEST TO THE CITY OF INDIO TO COMPLETE NECESSARY STUDIES TO
COMPLY WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT REGARDING
FUTURE GOLDENVOICE CONCERTS AT INDIO POLO FIELDS (COUNCIL
MEMBER FRANKLIN)
Council Member Franklin stated she has received numerous phone calls and
emails upon the City of Indio announcing they were going to have a second
concert for the Coachella Fest; concerns with respect to PM 10, which is
City Council Minutes 13 JULY 5, 2011
dust, noise levels and traffic, which has not been properly mitigated; a
citizen emailed the City Manager of Indio asking for an EIR or whatever they
have done in order to issue permits for these concerts, and received papers
from 1995 - 1998, that have nothing to do with concerts, according to our
City Attorney; stated it is her request that Indio comply with CEQA if they're
going to hold these concerts; and further stated it was her desire to bring it
up to the Council and convey her thoughts about it.
Mayor Adolph stated a member of the Indio City Council recommended the
City of La Quinta meet with them regarding the issues of the concerts, but
recommended they contact the City Manager instead; and agreed some of
the developments across the street are deeply affected by the concert.
Council Member Franklin stated many residents on that side of town are
deeply affected in terms of the noise and the practicing that starts early in
the morning; stated she is not saying they shouldn't have the concert and
not ignoring the economics it might have on our community; if Indio chooses
to do this, then they need to show some sort of CEQA Environmental Quality
Acts documentation regarding the dust, the noise, and the traffic; and asked
if the La Quinta City Manager has met with Indio City Manager Dan
Martinez.
City Manager Genovese confirmed he has met with Mr. Martinez and will be
meeting again as the Council directed to go through the issues and try to
mitigate those as we move forward; and explained the events are still being
planned so some of those will be worked out through time because logistics
have to come to fruition before specific measures are created to mitigate
them.
Council Member Henderson stated the issues brought up are very important
issues and obviously have a section of the community that is impacted;
stated that the item certainly has room for discussion and suggested it be
brought back to discuss the potential for this request, and /or review
additional information at that time; stated this issue needs to be on a fast
track, and have it brought back as a Business Item on the next agenda.
Council Member Franklin stated tickets for the second concert are already
being sold without a permit. Council Member Henderson stated they can
unsell them.
Council Member Franklin stated this matter can be discussed at length with
no conclusion; and requested to hear comments from the audience.
City Council Minutes 14 JULY 5, 2011
David Aregoyan, 81874 Rancho Santana Drive, stated no one understands
the magnitude of what the residents have to put up with when this event
occurs; addressed this City Council when the previous event occurred and
was told that there were several meetings going on with the City of Indio;
has approached the City of Indio, and had received the same advice, they
were meeting and going to listen and mitigate the concerns but this last
concert was worse than the previous one, except for the fact that the
previous one went on to 2:00 in the morning on that Thursday; Avenue 52
was blocked off with traffic waiting to get into the parking lot and close the
public road; airplanes fly constantly on a 24 hour basis with their banners
below FAA regulations which could fall and burn a house; the PM10 is an
issue with all the dirt being kick up, South Coast Air Quality Management
District should be called to look at that; suggested someone that
understands the magnitude should be involved with the meetings; there is no
reason to degrade the quality of life for residents that live next door; and
stated this Council needs to send a strong message to the City of Indio.
Bruce Dow, 51173 Marbaya Court, Vice President of the Mountain View
Homeowners' Association, thanked Council Member Franklin for addressing
this issue; understand raising funds in this economic environment but the
promoter must to do it right; biggest concern is the promoter hasn't followed
through on commitments of additional security that was made to the
homeowner association; , asked why local residents are blocked from
accessing their development on Avenue 50 and 52; and stated the
association has tried to work cooperatively with this promoter, but didn't
follow through with their commitments and the City of Indio has not been
supportive.
Gail Moore, 24 Calle Lantana, Palm Desert, Director of Security at the
Hideaway, stated the event isn't just one weekend, but now a two weekend
imposition on homeowners; explained this past year it was Coachella Fast,
followed by the Big Five Metallica concert, and the following weekend
Stagecoach; now, talking about the additional Coachella Festival and talking
about the Big Five again; events are expanding to entire month of April into
May which are primary times for residents to enjoy the Valley; the events
create incredible security concerns for residents, as in light of the recent
economy, many properties have become rental properties and most local
HOA's have policies prohibiting rental of homes for less than 30 days; but
homeowners take advantage of the current situation with the festivals to
make money and often rent out their homes in violation of the HOA rules;
have kids showing up on property who have been cleared as guests by
homeowners but no one knows who these people are, and they invite the
entire concert over to the party in the home they don't own, with stand -offs
at the gate to enter the development; the events create safety concerns for
City Council Minutes 15 JULY 5, 2011
residents and criminal concerns as well; and requested the City Council to
consider the impact of concerts four to five straight weekend.
Sam Torres, Council Member, City of Indio, stated he attended the meeting
to observe the discussion with the Police Chief; lived on Avenue 49 and
knows the concerns that were brought up and having to put up with the
dust, and concerns about PM10; stated he is on a committee with Mayor
Ramos Watson to look at issues regarding the impacts of the Coachella Fast
and trying to work through them; there's going to be some short-term
solutions such as security; stated if homeowner associations are hiring
additional security guards, especially on those communities that abut the
concert, should be talking with Goldenvoice about reimbursing them for the
cost; met with some residents at Rancho Santana, and talked about
additional security for the event; if hiring security in relation to the impacts
of the event, then that is something that should be compensated; the issue
of dust could be as simple as making sure the water trucks are out there a
week earlier and are sustained a week after the event; traffic and the single
lane access are long -term impacts; some of the dust issues are going to be
dealt with Avenue 52 is improved; have taken great strides together to
mitigate traffic problems Avenue 50; there is no contract for the second
concert right now but a proposal to be two Coachella Festivals followed by
Stagecoach for three weeks of events, just as it was last year; there will not
be a Big Four or any additional concerts as far as the City of Indio knows at
this point; willing to work closely with the City Council to make sure these
issues are addressed; have received numerous communications from some of
the communities, especially those abutting Avenue 52, and taking it very
seriously because it is a tremendous impact to the residents of Indio as well;
an environmental impact report may be required and something to consider;
primary goal is to focus on short-term fixes and work very closely with both
the promoter and also with the property owners; and the City of Indio is
spending $1.5 million on the roadways just around the concert to get the
people in and out as quick as possible and now time to address some of
these other issues.
Council Member Evans asked if there is a contract in place for the single
Coachella Festival. Indio City Council Member Torres explained there is no
contract in place for either one of the events as they are signed annually.
Council Member Evans asked if there is an existing agreement between the
city and the property owner for what that individual is able to do on his
property that would supersede, potentially, an environmental report or
analysis that could be requested. Indio City Council Member Torres stated
he does not know the particulars of the agreement with the property owner
as his focus as been with the contract with Goldenvoice.
City Council Minutes 16 JULY 5, 2011
Council Member Evans asked if there was some type of agreement depicting
land use options that encompass some of the issues discussed. Indio City
Council Member Torres stated there is a development agreement between
Mr. Hagen not only for these events but for other events hosted by the polo
grounds.
Council Member Henderson asked if the development agreement allows for
this size of an event to take place. Indio City Council Member Torres
confirmed the agreement allows for this size of event as well as the noise.
Council Member Evans requested confirmation of allowing for the noise.
Indio City Council Member Torres confirmed and explained the agreement
addresses the number of people permitted, the decibel of noise, and hours of
the concert is open.
City of Indio Police Chief 'Ramos further explained there are several
conditions that go into the contract such as security requirements, and other
issues; had a meeting with the promoter, explained the concerns of the
residents from Mountain View and Hideaway and are looking at contracting
directly with the HOA's and those groups to provide the security that's
needed; the promoter realized that they dropped the ball on several issues
with Ranch Santana, Mountain View, and Hideaway, and need to step up to
the plate; and stated the promoter will attend the meetings scheduled to
discuss the issues and do their part.
Mayor Adolph stated he could hear the music at 8:00 a.m. while playing golf
on the Norman Course which is just off of Avenue 54 which must have been
inundating to those people that live at Rancho Santana and surrounding
communities. Indio Police Chief Ramos stated noise conditions can be added
to the contract.
Council Member Franklin asked Indio Police Chief Ramos how the City of
Indio puts on a concert like this without doing an EIR; and stated he has not
addressed the mitigation of noise at all; and stated the city cannot continue
to have the concert without an environmental impact report with respect to
what's going on around this concert, and on the grounds. Indio Police Chief
Ramos stated he cannot speak to the EIR as it is out of his policing scope.
Council Member Franklin stated Indio City Council Member Torres
commented as the concert is going to continue while mitigating all the
issues, and everything will be lovely.and wonderful; stated she would like to
see the concerts continue if an EIR has been done and addressed the impact
of the citizens in La Quinta; and if an EIR hasn't been done, then is not sure
P, how the city will move forward with the concerts.
City Council Minutes 17 JULY 5, 2011
Indio City Council Member Torres conveyed his appreciation of the
comments made by Council Member Franklin and stated he shares many of
the concerns of the City of La Quinta; would like to see the Cities of La
Quinta and Indio have a long -term relationship with the festivals; stated there
are many people who have no problem with the concerts, seems to enjoy it,
and accept it; stated he thinks the City of Indio is working towards the
direction of an environmental impact report; does not have one right now
and may not have one by next years event; can work out some of the
immediate concerns of the residents in the next couple of months; and will
have a direction staff members can work toward together.
Council Member Evans ask the Assistant City Attorney if it is possible to
develop the mitigation process based on what we know, as opposed to
making that investment and going through the EIR, and getting a resolution
between the cities and the residents to make things happen; stated it
doesn't sound like the residents want to see the event cancelled, they want
to see their quality of life preserved during that three - weekend process;
stated she attends and supports the concert, but also recognizes streets are
blocked and the impact of the residents in that area; stated although she
looks at the economic benefit especially in La Quinta from people infusing
into this area and utilizing our hotels, the residents are the ones living with
this; and further asked if it is possible to develop mitigation strategies, not
just talking, without the EIR?
Assistant City Attorney Ramirez explained the City has the ability to, and
does, work with adjacent jurisdictions to come up with mitigation programs,
traffic management programs, agreements vis -a -vis noise abatement, things
of that nature, you can and believes the City does, conduct it separate from
an EIR process; obviously an EIR process formalizes things that could go into
the mitigation program; and stated the City does have the option to do it
separately.
Council Member Evans stated she looks at the option of conducting
mitigation programs separately from an EIR process as a consideration, but
not if it is more.lip service on these concerts haven't fixed some of the flow
issues, access issues, noise issues; encouraged staff to be more aggressive
and the City of Indio take ownership with the promoter in terms of their
responsibility to work with the homeowner associations; establish a penalty
if they do not keep their commitments; they are in the business of making
money, the property owner is in the business of making money, La Quinta
obviously wants to benefit economically from this, but the residents are
more important on the long term than what we might be getting financially
out of this three - weekend process; supports the request of Council Member
Franklin to send a letter stating the City would like to see this happen, but
City Council Minutes 18 JULY 5, 2011
would also like to include a more aggressive approach for homeowners in
those specific areas; now is the time to listen to the input and come up with
strategies before establishing a contract with Goldenvoice; the residents are
living and breathing impacts, and those collective thoughts should enable
staff to develop solutions that hopefully everybody can live with, and make a
big difference.
Indio Police Chief Ramos stated the City of Indio is committed to meeting
with those homeowners and groups to come up with some solutions to their
problems; stated the city is taking a very aggressive stance on this issue;
appreciates this last year was the first time the city actually reached out to
the City of La Quinta and had staff involved; willing to deal with the issues
and concerns, and of course, this is a major event and not going to make
everybody happy; their goal is to move forward working with the Hideaway,
Mountain View, Rancho Santana, and anyone else in the area; the City of
Indio is committed to work with all the residents whether in the
unincorporated area or the City of La Quints and Indio residents; have been
working very well with City of La Quints staff.
Mayor Adolph stated he has had many conversations with the City Manager
regarding the problems and expressing his desire for a resolution; stated the
City can file an injunction, but does not want to do that; would rather work
closely with Indio and get the problem resolved; has talked with the police
department and staff about this and is hopeful we can resolve these
problems; thanked Indio City Council Member Torres for attending the
meeting as it shows the City of Indio's interest in trying to get this universal
type of program resolved, Indio and La Quinta, because both are into it
deeply.
Indio City Council Member Torres invited residents in attendance to the next
meeting, and suggested a representative from each homeowners association
convey their concerns; stated he observed a commitment and sincerity from
Goldenvoice to address these issues quickly; the longer term issues through
an environmental impact report and through CEQA are going to be long -term
goals, and funding sources; and stated he was assured that the issues would
be addressed by discussing them with the residents and the promoter.
Council Member Franklin stated is issue going nowhere; and further stated
she is aggravated by having to force the City of Indio to do what is needed
to do in the first place to put on a concert like this.
Council Member Henderson suggested this matter be brought back as a
business item to make a decision and review additional information that may
be provided by staff.
City Council Minutes 19 JULY 5, 2011
Council Member Franklin stated there aren't any deadlines to address the
issues; there needs to be a schedule with consequences if the issues are not
addressed; and asked the City Manager if this matter can be brought back at
the next meeting.
City Manager Genovese confirmed and stated he will attempt to have a
meeting with Indio City Manager Martinez by that time and report back as
well as the current status; and speak about Goldenvoice and some ideas
staff might have to relay to their staff.
Mr. Aregoyan asked how citizens can be kept abreast of what's going on.
City Manager Genovese explained he will be reporting back to the City
Council in two weeks as a department report; citizens are welcome to attend
or access a copy of report after it is published on the City website, and
would be happy to talk to anyone at that point.
Council Member Henderson stated the public will not get the report provided
to the City Council. City Manager Genovese explained the public certainly
could, it's a published report, and it's a public record; further stated if the
citizens interested wish to give their address or contact information to the
City Clerk, she will make sure the report will be provided to them, as it is
offered for any agenda item. City Manager Genovese additionally explained
the actual agenda is published on the website and could obtain a copy
directly from there.
Council Member Evans asked how residents will be informed about the
meetings mentioned by Indio City Council Member Torres so they have the
option of being heard. Indio City Council Member Torres stated a notice
could be emailed and sent by regular mail to the various homeowners
associations concerned in the community, alert any of those who have
previously contacted us, and anybody who wants to leave their email
address with him will get notified also.
Council Member Sniff referenced an article in the newspaper regarding a
proposal from Supervisor Jeff Stone to succeed thirteen counties in the state
of California and form a new state of South California; requested the City
Council discuss the ramifications of the proposal; and requested information
of what would be involved to establish a new state and a legal analysis.
Council Member Henderson stated this matter has been discussed several
times in the past; the County Supervisor's office will be providing a legal
City Council Minutes 20 JULY 5, 2011
analysis; and stated she would not support the City expending funds for
legal and staffs time to provide an analysis.
Council Member Sniff stated a brief outline from the City Attorney's office
would be beneficial to the Council.
Council Member Evans stated she does not believe it is a priority at this time.
Council Member Henderson stated the City will be receiving much
information on the issue in the future.
Council Member Franklin stated she would like to wait and see where the
issue stands.
N N N N N N N N N N N N N
John Show, 51500, Mountain Court, past Homeowners' Association
President of Mountain View; thanked Council Member Franklin for bringing
the issue of impacts to the residents from the Coachella Festival and
Stagecoach concerts up for discussion; and requested staff to provide
specific answers to the issues prior to a contract being executed.
The City Council recessed to the Redevelopment Agency meeting and until 7:00
P.M.
7:00 P.M.
PUBLIC COMMENT - None
PRESENTATIONS - None
PUBLIC HEARINGS
1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
APPROVING THE PLACEMENT OF PUBLIC NUISANCE ABATEMENT
ASSESSMENTS ON THE 2011/2012 PROPERTY TAX ROLL
Building & Safety Director Butler presented the staff report.
City Council Minutes 21 JULY 5, 2011
Council Member Sniff asked if any of the property owners on the list have
paid the assessment. Building & Safety Director Butler explained one
property owner on the list, Orange River, has paid and will be removed from
the list prior to completing the process to submit to the County Assessor.
Mayor Adolph reported the property at the northeast corner of Avenue 52
and Jefferson Street has an overgrowth of tumbleweeds and weeds, and
asked if it is on the list. Building & Safety Director Butler stated it is not on
the list and staff will inquire if there is an active Code Compliance Case on
file.
The Mayor declared the PUBLIC HEARING OPEN at 7:08 p.m.
There being no requests to speak, the Mayor declared the PUBLIC HEARING
CLOSED at 7:08 p.m.
RESOLUTION NO. 2011 -060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX
ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC
NUISANCE
It was moved by Council Members Sniff /Evans to adopt Resolution No.
2011 -060 as submitted. Motion carried unanimously.
2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9,
ZONING, AND TITLE 13, SUBDIVISION, TO (1) CLARIFY THE LOCATION OF
CERTAIN LANDSCAPED PARKWAYS 09.50.100), (2) CORRECT AN ERROR
REGARDING GUESTHOUSES AND SECONDARY DWELLING UNITS
( 119.140.070), (3) ADJUST THE TIME EXTENSION PERIOD FOR
DEVELOPMENT REVIEW PERMITS ( §9.200.080), (4) DELETE OBSOLETE
LANGUAGE REGARDING GUESTHOUSE EXAMPLES 09.210.010), (5)
REVISE DEFINITIONS TO BE CONSISTENT WITH STATE LAW ( §9.280.030),
AND (6) ALLOW A MAXIMUM CUL -DE -SAC LENGTH OF 1320 FEET.
APPLICANT: CITY OF LA QUINTA
Planning Director Johnson presented the staff report.
Council Member Sniff stated he would feel more comfortable if the
ordinances could be presented separately.
City Council Minutes 22 JULY 5, 2011
Council Member Evans questioned if the 1,320 feet is . the minimum or
maximum length for a cul -de -sac. Planning Director Johnson explained it
should be a maximum of 1,320 to comply with the Fire Department
requirements.
Council Member Henderson asked if the City of La Quinta is one of last cities
in the Valley to change the required length. Planning Director Johnson
explained there are a very few that are not complying,
Council Member Henderson asked if there have been any significant
differences with the developers. Planning Director Johnson stated there
hasn't been in the last five years.
The Mayor declared the PUBLIC HEARING OPEN at 7:18 p.m.
There being no requests to speak, the Mayor declared the PUBLIC HEARING
CLOSED at 7:18 p.m.
MOTION — It was moved by Council Members Sniff /Evans to take up
Ordinance No. 489 by title and number only and waive further reading.
Motion carried unanimously.
ORDINANCE NO. 489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE,
1) A CLARIFICATION REGARDING THE LOCATION OF CERTAIN
LANDSCAPED PARKWAYS (9.50.100), 2) CORRECTING AN ERROR
REGARDING GUEST HOUSES AND SECONDARY UNITS (9.140.070), 3)
ADJUSTING THE TIME EXTENSION PERIIOD FOR DEVELOPMENT REVIEW
PERMITS (9.200.080), 4) DELETION OF OBSOLETE LANGUAGE
REFERENCING GUESTHOUS EXAMPLES (9.210.020), AND 5) REVISED
DEFINITIONS OF CHOLD DAY CARE USES TO BE CONSISTENT WITH
STATE LAW (9.280.030)
It was moved by Council Members Sniff /Evans to introduce Ordinance No.
489 on first reading. Motion carried by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff,
Mayor Adolph
NOES: None
ABSTAIN: None
ABSENT: None
City Council Minutes 23 JULY 5, 2011
MOTION - It was moved by Council Members Sniff /Evans to take .up
Ordinance No. 490 by title and number only and waive further reading.
Motion carried unanimously.
ORDINANCE NO. 490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 13 OF THE LA QUINTA MUNICIPAL CODE,
TO ALLOW A MAXIMUM CUL -DE -SAC LENGTH OF 1320 FEET
It was moved by Council Members Sniff /Evans to introduce Ordinance No.
490 on first reading. Motion carried by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff,
Mayor Adolph
NOES: None
ABSTAIN: None
ABSENT: None
ADJOURNMENT
There being no further business, it was moved by Council Members Sniff /Franklin
to adjourn. Motion carried unanimously.
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