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2012 03 20 CC MinutesLA QUINTA CITY COUNCIL MINUTES March 20, 2012 A regular meeting of the La Quinta City Council was called to order at the hour of 3:02 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT Ellen Burr, 49723 Avenida Montero, La Quinta informed Council that she filled out an online service request and has been trying to get resolution for almost a year. The request asks that the City attend to the maintenance of the landscape frontage on the north side of Avenue 50 between Montero gates and La Quinta Country Club gates. Ms. Burr said that there is some confusion as to ownership of the strip. She request that the City determine the party responsible for maintenance and require that party to take care of the property. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) (ONE CASE) 2. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957, TITLES: CITY CLERK AND FINANCE DIRECTOR 3. 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 Council recessed to Closed Session at 3:09 p.m. to and until 4:00 p.m. 4:00 P.M. The City Council meeting was reconvened with no decision being made in Closed Session which requires reporting pursuant to Government Code Section 54957.1 (Brown Act). Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT - NONE CITY COUNCIL MINUTES 1 MARCH 20, 2012 CONFIRMATION OF AGENDA - Confirmed PRESENTATIONS 1. PRESENTATION BY KAISER PERMANENTE TO THE CITY OF LA QUINTA FOR EFFORTS AS A HEALTHY EATING ACTIVE LIVING CITY (H.E.A.L.) On behalf of Kaiser Permanents, John Mich of 73733 Fred Waring Drive, Palm Desert, California presented a plaque of recognition to the City of La Quinta. The plaques stated: The Healthy Eating Active Living Cities Campaign recognizes the City of La Quinta as an Active Heal City for joining the Healthy Eating Active Living Cities Campaign and for.adopting policies to fight the Obesity Epidemic, 2011. Presented by: Healthy Eating Active Living Cities Campaign Improving the Physical Activity and Food Environments for all Californians through Local. Policies. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES Council Member Evans asked for a correction to page 8 - her report on the Coachella Valley Conservation Commission should be changed from the "CVCC is purchasing 260 acres" to the "CVCC purchased 260 acres ". MOTION — A motion was made by Council Members Franklin /Henderson to approve the City Council Minutes of March 6, 2012 as amended. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MARCH 20, 2012 2. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 2012 3. RECEIVED AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2012 4. AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE FOR A LAW ENFORCEMENT PROJECT RELATED TO MITIGATION OF THE IMPACTS OF GAMING ON THE CITY OF LA QUINTA CITY COUNCIL MINUTES 2 MARCH 20, 2012 5. APPROVAL TO EXCUSE BOARD MEMBER FRANK BLUM FROM THE MARCH 14, 2012 INVESTMENT ADVISORY BOARD MEETING 6. DENIAL OF CLAIM FOR DAMAGES FILED BY DESERT SANDS UNIFIED SCHOOL DISTRICT; DATE OF LOSS — OCTOBER 6, 2011 7. ADOPTION OF A RESOLUTION APPROVING A BICYCLE TRANSPORTATION PLAN 8. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL CONSULTING SERVICES TO COMPLETE A COMPREHENSIVE FEE AND RATE STUDY 9. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE SENIOR CENTER HVAC UPGRADE AND APPROPRIATION OF QUIMBY FUNDS, PROJECT NO. 2011 -13 MOTION — A motion was made by Council Members Evans /Franklin to approve the Consent Calendar as recommended, with Item No. 7 being approved by RESOLUTION NO. 2012 -005. Motion passed unanimously. BUSINESS SESSION 1. CONSIDERATION OF A MEMORIAL ART DONATION AND AGREEMENT FOR THE CIVIC CENTER CAMPUS Community Services Director Hylton presented the staff report. Council Members Evans and Franklin received confirmation from staff that there is electricity available for lighting the art installation, and that the City would be responsible for maintaining the sculpture as part of its public art program. The Mayor and all Council Members expressed their thanks to Mrs. Rosemary Genovese for her generous donation, and for her choice of art entitled: "Leader of the Pack." They also shared their pride in including in the program, this beautiful wolf sculpture dedicated to the late City Manager Tom Genovese, who was highly respected and continues to be missed by Council Members and staff every day. Mrs. Genovese acknowledged Council's appreciation, and added that she is grateful to Council for accepting this memorial gift. MOTION — A motion was made by Council Members Evans /Henderson to approve the memorial art donation and agreement for the Civic Center Campus. Motion passed unanimously. CITY COUNCIL MINUTES 3 MARCH 20, 2012 2. CONSIDERATION OF A CHANGE IN THE COMPENSATION FOR CITY COMMISSIONERS, BOARD MEMBERS AND COMMITTEE MEMBERS Finance Director Falconer presented the staff report. In response to Council Member Osborne, Director Falconer stated that Board and Commission Members would hold part-time employee status and would not be eligible for health care benefits because they would not work the required minimum of 30 hours per week. Director Falconer also stated that it was his understanding that they would not be eligible for CalPers benefits because they would not meet the 960 -hour threshold. Council Member Evans asked if Board and Commission Members as part-time employees would now be compensated for attendance at city functions or events related to their Board or Commission. Director Falconer replied that pay rates and duties are covered by resolution and at present, the duties noted are meetings only. Mayor Adolph said that he found it very curious that the IRS is requiring this change after 20 -40 years. during which. all California cities paid stipends and issued 1099s to its Board and Commission Members. City Attorney Jenson stated that she has examined the laws and rulings and has concluded that public officials do fall into the part -time status for the purposes of federal withholding. The FICA issue is less clear, but the amount 1s too small to warrant a dispute with the IRS. Attorney Jenson recommended that Board and Commission Members be treated as part-time employees if Council wished to continue to compensate them. The alternative is to discontinue compensation. Council Member Osborne explained that the IRS has been focused on reclassifying independent contractors to employees wherever applicable in order to collect as much social security as possible. In addressing the Mayor's concern, Director Falconer stated that this change would not be time consuming to implement or involve a large expense. It would involve a one -time file set -up of all Board and Commission Members into the automated payroll system, and there would be some expense for the city's portion of FICA and Medicare taxes. Director Falconer stated that staff would return to Council with a resolution to formalize this change. Council Member Evans asked if the pay would be adjusted so that Board and Commission Members get the same net amount as they are currently paid. Director Falconer replied that 4.2% would be deducted from pay and that it would be Council's decision as to the gross or net amount of pay. CITY COUNCIL MINUTES 4 MARCH 20, 2012 MOTION — A motion was made by Council Members Evans /Osborne to continue the compensation for City Commissioners, Board Members, and Committee Members and treat them as part time employees. Motion passed unanimously. 3. CONSIDERATION OF A RESOLUTION ALLOWING CERTAIN BUSINESS SIGNAGE AND OUTDOOR MERCHANDISE DISPLAYS ON A TEMPORARY BASIS Planning Director Johnson presented the staff report. In response to Council Member Osborne, Director Johnson stated that the fee for an A -board would be $100 which would be valid during the interim period of up to twelve months. Director Johnson added that the permitting process would be an important tool in tracking adherence to the regulations, and that the fee is meant to cover city costs. Council Member Evans requested clarification on the "non- residential" distinction made in the report. Director Johnson replied that it is meant to apply to non- residential zoning districts only — clearly omitting home occupation businesses in residential neighborhoods. He added that this signage resolution does not apply to table and chairs outside an eating establishment. Mayor Adolph asked if the Planning Department would approve not only the size and shape of signs but also the aesthetics of the sign so they look professionally done. Director Johnson stated that the city would not have approval authority over the content of the sign, but would make suggestions on aesthetics. This temporary permit would apply to the A -board sign only; an additional permit would be required to attach anything to it such as balloons. Mayor Adolph asked for assurance that a Hold Harmless Agreement will be executed as part of the permitting process for anyone placing a sign on city property or a city right -of -way. City Attorney Jenson confirmed that the city's encroachment chapter covers this situation and allows the city to require a Hold Harmless Agreement. Council Member Henderson asked if the Old Town Specific Plan included a sign plan, and if so, could business owners request a modification to the Plan to cover these A -board signs; and if that route is taken, would it eliminate the permitting process and fee. Director Johnson confirmed that merchants have this option, and may request it down the road. He explained that this temporary measure would address signs and merchandise displays as well as businesses citywide — not just the Old Town area. Council Member Henderson pointed out that if Council approves this sign resolution tonight, it will be an indication to Old Town businesses that Council would look favorably on a change to the Specific Plan signage section. CITY COUNCIL MINUTES 5 MARCH 20, 2012 In response to Council Member Evans, Director Johnson stated that a Specific Plan takes precedence over ordinances, and that staff expects to return to Council in 180 days or so with a permanent sign and outdoor display program. Council Member Franklin expressed her support for this program especially since it applies to the entire city, and stated her interest in doing everything possible to support city businesses. Regarding a question about the fees, Director Johnson responded that the proposed fees are $100 for each A -board sign, $100 for each merchandise display or $200 for both. Mayor Adolph opened the floor for public comment. Leslie Locken, 78100 Main Street, Suite 206, Old Town La Quints Ms. Locken informed Council that the Old Town merchants have submitted to staff a revised sign program that will bring long -term solutions. She noted that this interim program is not specific to old town or village businesses, but citywide. Ms. Locken said the challenges to' attracting foot traffic to Old Town are unique. Her concern regarding the interim plan was about management and regulation; for example, if a merchant changes a display or sign will there be a need to reapply. Ms. Locken pointed out that the program clearly states what is allowed and what is not, so a permit process and fee just burdens city staff and businesses. David Archer, 79869 Derek Alan Drive, La Quinta Mr. Archer supports this proposal, especially the overall plan for the entire city. He stated that he is not a fan of the two $100 fees or any fee. Jane Angwin, owner of Cooking With Class, 47875 Caleo Bay, La Quinta Ms. Angwin's business is tucked away off Washington Street with no frontage on a main street so it's miraculous the business is still open because she is struggling with the decision on whether to move, close, or stay. She stated that she is willing to do anything to improve traffic and willing to pay $200 if it will bring in $1000. Small businesses need any help to survive especially if they're hidden. To be fair, small businesses should have the same ad ability as large car dealers' balloons, drug store banners or real estate offices with multiple magazine racks all over the city. Ms. Angwin said she needs a sign on the corner and at the Avenue 48 driveway. Mayor Adolph suggested that the interim program provide display latitude. Director Johnson said that it would allow ten square feet and the owner would decide on the display. In Ms. Angwin's case, the aproned mannequin would be permissible. In response to Council Member Evans, Director Johnson stated that staff intends to be as comprehensive as possible in preparing the permanent sign program and intends to engage the business community in the preparation. CITY COUNCIL MINUTES 6 MARCH 20, 2012 Council Member Evans suggested that the interim program go forward for six months through the summer to promote businesses during the off season with no fee for this interim program, and stated that a permit should still be required. Council Member Osborne agreed that this arrangement would be good for businesses and give staff more information for studying the issue. Council Member Franklin agreed that no fee should be charged for an interim program where the complete program is yet to be determined, especially going into the summer season. She concedes that the permanent solution will include a fee. Council Member Henderson stated that she could support no fee for the interim program, but the permanent solution should include a fee given the budget conditions and the fee study underway. MOTION — A motion was made by Council Members Franklin /Henderson to adopt a resolution directing staff to enforce a temporary allowance of business signage and outdoor display program, without fees for signs or displays, for an interim period of time not to exceed twelve months from the date of this meeting, and to initiate a review of the City's sign regulations regarding the outdoor display of merchandise. RESOLUTION NO. 2012 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AUTHORIZING THE CITY MANAGER TO ALLOW CERTAIN TEMPORARY BUSINESS SIGNAGE AND OUTDOOR DISPLAYS AND INITIATE REVIEW OF BUSINESS SIGN AND OUTDOOR DISPLAY REQUIREMENTS FOR AMENDMENT CONSIDERATION. Motion passed unanimously. 4. CONSIDERATION OF THE COACHELLA VALLEY REGIONAL TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM Council. Member Osborne requested that the two issues under consideration in this report be separated as follows: 1) adoption of the Coachella Valley Transportation Uniform Mitigation Fee and begin receiving the local share of the Measure "A" half cent sales tax, and 2) authorize staff to engage NAI Consulting Inc. to update the City's Development Impact Fee Study. This would allow Council Member Osborne's participation in part 1. He will recuse himself during the discussion and vote on part 2 due to his business relationship with NAI Consulting Inc. Council concurred. Public Works Director Jonasson presented the staff report. CITY COUNCIL MINUTES 7 MARCH 20. 2012 Council Member Henderson asked if the maintenance of effort figure of $1 million is consistent. Director Jonasson said $1M is average, and that the TUMF funds would not be a reimbursement or an offset of General Fund money spent, but new money that depends on the City first spending its $937,000 of General Fund money. Consultant Nickerson added that, although historically the city has spent its funds on maintenance, any transportation expenditure, including capital expenditures are valid. Council Member Osborne asked if the shortfall of $7M to $8M included the potential credit to La Quinta for projects done on the regional plan. Interim City Manager Weiss explained that the ultimate decision as to whether or not to allow La Quinta back into the TUMF program rests with the Coachella Valley Association of Governments (CVAG) Board. There is no set rule, criteria or obligation on CVAG Board to do this. The City has applied and has been negotiating terms with CVAG staff to reach terms that both City staff and CVAG staff could recommend to their respective governing bodies. The discussions about the city receiving credit for projects it funded on its own led to the response that the city did its projects according to its own schedule and priorities, not according to CVAG's schedule had the city been in the program. This led to discussions on interest CVAG could have received on La Quinta's project funds and based on their 2002 interest policy, the interest amounts La Quinta should be charged on the period of time since 2002. In addition, these discussions led to questions about crediting other cities that completed projects on their own outside the TUMF program. Interim City Manager Weiss explained that from the perspective of TUMF program participants, of which La Quinta may be one shortly, it's unlikely they would want to give credit to cities doing projects outside the TUMF approval process. Interim City Manager Weiss informed Council that both the value of the interest CVAG would expect and the value of the credits the city wants applied are equal. As such, staff concluded that it is in the City's best interest to take the interest and credit issues off the table and apply for admittance to the program on the same basis as other cities. Interim City Manager Weiss stated that negotiations have been ongoing for a very long time and he believes that the report before the Council is the best deal city staff has been able to negotiate with CVAG staff. He restated that it is in the City's best interest to get into the program because in the long term, the city will realize more proceeds by getting its sales tax proceeds. In response to Council Member Osborne, Consultant Nickerson explained that in his view CVAG is not penalizing La Quinta; but in the scheme of things, CVAG cannot say that in the regional plan the projects done by La Quinta would have been a priority or even done at all under the TUMF program.' Mr. Nickerson said that the CITY COUNCIL MINUTES 8 MARCH 20, 2012 credit issue has been negotiated by city staff, consultants, and two city managers for'over two years; it's just not going anywhere and he does not expect it ever will. Mayor Adolph informed Council that CVAG staff would support La Quinta's application which means, in most cases, that the CVAG Board would approve it. Council Member Henderson recommended that during contract negotiations city staff leaves open the option for the future when the City's financial situation improves (post- Oversight Board) for La Quinta to pay off via a faster method such as lump sum or otherwise. MOTION - A motion was made by Council Members Evans /Osborne to authorize staff to formally apply to the Coachella Valley Association of Governments to initiate the steps necessary for the City of La Quinta to adopt the Coachella Valley Transportation Uniform Mitigation Fee and begin receiving its local share of the Measure A half -cent sales tax. Motion passed unanimously. Council Member Osborne recused himself and left the Council Chambers. MOTION - A motion was made by Council Members Evans /Henderson to authorize staff to initiate the next update of the City's Development Impact Fee Study with NAI Consulting, Inc. Motion passed 4 -0 -1, Council Member Osborne absent. 5. CONSIDERATION TO NEGOTIATE A NEW CONTRACT WITH ROSENOW SPEVACEK GROUP FOR ECONOMIC DEVELOPMENT AND HOUSING SERVICES FOR THE CITY / SUCCESSOR AGENCY / HOUSING AUTHORITY Economic Development /Housing Manager Powell presented the staff report. Council Member Osborne noted that Rosenow Spevacek Group, as the City's economic development consultant, would benefit from membership in the Chamber of Commerce and CVEP, given that they are the two major economic development engines important to La Quinta. Council Member Osborne recommended that membership in these organizations be added to the motion. Council Member Evans stated her support for renewing this contract because she felt it is critical at this transition time to have the continuity and brainpower this consultant provides. Council Members Franklin and Henderson would like the contract to return for consideration in one year, and if staff can do some of this work, that portion should be moved in- house. CITY COUNCIL MINUTES 9 MARCH 20, 2012 MOTION — A motion was made by Council Members Henderson /Evans to authorize staff to negotiate a new one -year contract with the Rosenow Spevacek Group for economic development, financial management, and transition services and recommends that RSG explore membership in the La Quinta Chamber of Commerce and CVEP. Motion passed unanimously. STUDY SESSION — NONE REPORTS AND INFORMATIONAL ITEMS League of California Cities — Council Member Henderson reported that she attended the League division meeting in Corona. The program was based on Moving California Forward. Ms. Henderson received the full text of the initiative that concerned her and was told that ,the text she objected to had been removed. Once she reviews the entire initiative again, Ms. Henderson said she will modify her opposition if there is reason to do so. Palm Springs Desert Resort Communities Convention and Visitors Authority — Council Member Evans reported that they are running ahead of budget. Projections were in the $4M range and actuals are in the $7M range. January 2012 occupancy is up 7% over January 2011, with even greater expectations for February. DEPARTMENT REPORTS - No additional reports from staff. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Adolph informed Council that he contacted The Desert Sun reporter and the editor to contest the misinformation printed in two articles about La Quinta not living up to its commitment to Roy's Shelter — a commitment the City has never made. Both the reporter and the editor were unresponsive. The Mayor expressed his dissatisfaction at the misrepresentation and misinformation printed in the paper and the paper's disinterest in correcting it. The Mayor said there was no mention of all the funds the city does contribute to local organizations such as the Boys & Girls Club, the Coachella Valley Rescue Mission, Martha's Village, free SunLine bus passes, etc. to assist those who.need it at this end of the valley. Mayor Adolph asked Council for their thoughts on the multi - purpose pathway up to whitewater proposed by CVAG and the County Supervisor utilizing the $53 million mitigation payment to South Coast Air Quality Management District (SCAQMD). The Mayor said he was in favor of exploring the project but wanted input from Council Members. CITY,COUNCIL MINUTES 10 . MARCH 20, 2012 Council Member Henderson said she was generally supportive, even though it will cost a fortune to install misting systems. Ms. Henderson received an e-mail from a resident saying that it was a great thing but maintenance, Rangers for security, parking, dog clean up, graffiti abatement, drinking fountains, etc. could exceed $10+ million per year. Ms. Henderson stated that the project has many challenges and perhaps it should be slowed down. Council Member Osborne explained that the actual cost is the $53M plus $40M from another source so the total, without annual maintenance, is over $90M. Mr. Osborne's concern is that the City of La Quinta will be told it must contribute millions each year for the maintenance and then there is the added concern that an assessment will not be based on the mileage within city borders, or applied equally to all Valley cities. Mr. Osborne agrees that the process should slow down and be fully explored. Council Member Franklin expressed that she was offended that a polluter can pay $53M and then continue to pollute. She received a suggestion from a resident who felt that in order to mitigate pollution, the $53M should be put in the Salton Sea. Although Ms. Franklin likes the idea of the proposed trail, it is a mixed bag because the annual maintenance costs are enormous and the goal of mitigating pollution with this project is questionable. Council Member Evans stated it's commendable that Supervisor Benoit was able to get the funds dedicated to the Coachella Valley. This trail would be one step closer to visitors seeing this Valley as one cohesive entity versus nine cities. Ms. Evans felt it was important for La Quinta to stay engaged in this project. It could be a significant aspect of the Coachella Valley in time. Although concerned about the annual maintenance costs, Ms. Evans said she is cautiously optimistic, and added that the path could be an alternative disaster exit route if I -10 is out of commission and perhaps that designation could bring grants to contribute to annual maintenance. PUBLIC HEARINGS — NONE ADJOURNMENT There being no further business, it was moved by Council Members Franklin /Evans to adjourn. Motion passed unanimously. Respectfully submitted, Susan Maysels, Interi C City of La Quinta, California CITY COUNCIL MINUTES 11 MARCH 20, 2012