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2009 05 05 CC MinutesLA QUINTA CITY COUNCIL MINUTES MAY 5, 2009 A regular meeting of the La Quints City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION 1. Conference with labor negotiators, Ski Harrison and Bret M. Plumlee, regarding negotiations with the La Quints City Employees Association pursuant to Government Code Section 54957.6 -Meet and Confer Process. 2. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Council-Appointed Position -City Manager. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Kay Wolff, 77-227 Calle Ensenada, reported on a volunteer project held at the Fred Wolff Nature Preserve for maintenance of the trails. .~~~. Gabriel Lawrence and Marcia Levine, 49-950 Jefferson Street, reported on the programs offered to handicapped children by the Healing Horse Therapeutic organization. City Council Minutes 2 May 5, 2009 CONFIRMATION OF AGENDA Council Member Sniff requested Consent Item No. 7 be taken up separately. ANNOUNCEMENTS -None PRESENTATIONS -None WRIT_IEN_COMMUNICATIONS ~,,,.. ,._ _ ~.,_,_~_ _.,. _~..x....... _ _.._ .:~_._.__ 1. WRITTEN CORRESPONDENCE FROM FRANCIS H. LA BRANCHE JR. DATED APRIL 16, 2009, REGARDING THE LIEN OPTION (365) FOR THE SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR TENTATIVE PARCEL MAP 33954. Council concurred to refer this matter to staff. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Kirk to approve the City Council Minutes of April 21, 2009, as submitted. Motion carried unanimously. CONSENT CALENDAR Lance Allan, 1 1922 Bloomfield, Santa Fe Springs, stated he was the apparent low bidder on Item No. 12, but was not able to bid on Additive Alternate No. 2 because they do not provide that type of service. He requested an explanation of the award to the second lowest bidder, and stated he was informed of the change in bid status late Friday. Mayor Adolph asked if he had received a reply from staff as to why the bid was awarded to the second lowest bidder. Mr. Allan stated he discussed the matter with staff but was not given any reason why he was not considered for the bid. In response to Mayor Adolph, Assistant City Attorney Ramirez stated it is staff's discretion to determine if a bid is responsive. He explained the issue is not whether there is a competitive issue, but if the bid met the bid specifications. Council Member Sniff suggested referring this item back to staff to resolve the issue. City Council Minutes 3 May 5, 2009 Item No. 12 Motion - It was moved by Council Members Sniff/Henderson to refer Consent Item No. 12 (award of a contract to Valley Slurry Seal to construct the Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project No. 2008-1 1) back to staff to resolve all issues. Motion carried unanimously. Council Member Kirk requested staff address the allegation that Mr. Allan was told he would be able to bid without addressing both alternatives in bid. 1. , APPROVAL OF DENIAND REGISTER- DATED MAY _5, 2009. _. 2. APPROVAL OF A FISCAL YEAR 2009/2010 CALIFORNIA DEPARTMENT OF CONSERVATION RECYCLING GRANT APPLICATION. 3. ADOPTION OF A RESOLUTION REAFFIRMING THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. (RESOLUTION NO. 2009-035) 4. ADOPTION OF A RESOLUTION APPROVING THE APPLICATION FOR A FISCAL YEAR 2009/2010 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) GRANT FOR CONGESTION MITIGATION AND AIR QUALITY PROJECTS. (RESOLUTION NO. 2009-036) 5. ACCEPTANCE OF A DEDICATION FOR PUBLIC STREET PURPOSES ALONG AVENUE 54 AND PUBLIC UTILITY EASEMENT ALONG GRAY AVENUE FROM EAST OF MADISON, LLC, A DELAWARE LIMITED LIABILITY CORPORATION, AND EXECUTION OF A QUITCLAIM DEED OF PUBLIC UTILITY EASEMENT ALONG GRAY AVENUE TO EAST OF MADISON, LLC, A DELAWARE LIMITED LIABILITY CORPORATION. 6. APPROVAL OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM IMPLEMENTATION AGREEMENT FOR LOCAL AGENCIES. 7. APPROVAL OF AMENDMENTS TO THE COMMUNITY SERVICES GRANT GUIDELINES/APPLICATION. (See separate action below.) 8. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 466, AMENDING TITLE 9, ZONING, OF THE LA QUINTA MUNICIPAL CODE. City Council Minutes 4 May 5, 2009 9. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 467, AMENDING TITLE 13, SUBDIVISION REGULATION, OF THE LA QUINTA MUNICIPAL CODE. 10. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION WITH VINTAGE ASSOCIATES FOR FISCAL YEAR 2009/2010 PARK LANDSCAPE MAINTENANCE SERVICES. 11. APPROVAL TO APPROPRIATE FUNDING AND AWARD A CONTRACT TO LIGHTNING FENCE CO, INC. TO CONSTRUCT THE COVE STREET SIGNAGE PROGRAM, PROJECT NO. 2008-12. 12. APPROVAL TO AWARD A CONTRACT TO VALLEY SLURRY SEAL TO CONSTRUCT THE FISCAL YEAR 2008/2009 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO. 2008-11. (See separate action listed above.) 13. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) FOR THE LA QUINTA GENERAL PLAN UPDATE. MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 7 and 12 and with Item Nos. 3 and 4 being approved by RESOLUTION NOS. 2009-035 through 2009-036 respectively. Motion carried unanimously. Item No. 7 MOTION - It was moved by Council Members Henderson/Kirk to approve amendments to the Community Services Grant Guidelines/Application. Motion carried by a vote of 4-1 with Council Sniff dissenting. BUSINESS SESSION 1. CONSIDERATION OF 4T" QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. Mayor Adolph reported the Ad-Hoc Committee rejected a number of requests because of not meeting the two-year requirement, incomplete applications, or lack of non-profit status. He also announced he would not be participating in the approval of the award of grant to the La Quinta Entertainment & Cultural Organization, due to a conflict of interest because his spouse is president of the organization. City Council Minutes 5 May 5, 2009 Community Services Director Hylton presented the staff report. Mayor Adolph stated the CERTS grant request should be a budget item instead of a grant. Community Services Director Hylton stated staff will notify the organization. In response to Council Member Henderson, Community Services Director Hylton confirmed the organizations that did not qualify for this round of grants have been notified that they could submit during the next cycle. Wells Marvin, 78-100 Main Street, Old Town La Quinta, spoke about the importance of supporting non-profit organizations in the City, and stated he has provided them free or reduced space rental in Old Town. He commented on how the Artisan Studio, La Quinta Playhouse, and the Farmers Market bring art and visitors to the Village. Mayor Adolph noted the Artisan Studio can reapply when their non-profit status is granted. Mr. Marvin suggested the possibility of the Council making a statement that the City would fund the Artisan Studio once a non- profit status is received so that they can receive some matching funds that have been promised. Council Member Henderson stated she anticipates being on the next Ad-Hoc Committee and would support the request. Council Member Sniff spoke in support of approving a certain amount contingent upon the non-profit status and matching funds. Richard Grund, 48-810 Via Linda, representing Artisan Studio, explained a seasonal resident has offered to match funds received from the grant program; and explained the funds would provide instructional classes during the summer months. Julia Burt, 78-370 Highway 1 1 1, Suite 270, probono attorney for the Artisan Studio, stated they submitted their 501.Ic) application, and suggested a grant be awarded to another non-profit with the stipulation that the funds be used for the arts. In response to Council Member Henderson, Ms. Burt stated the 501.Ic1 application process can take up to nine months. Council Member Kirk asked if they had contacted any non-profit organizations such as the Boys & Girls Club in regard to a grant being awarded to them with the stipulation that the funds be used for the arts, as City Council Minutes 6 May 5, 2009 suggested by Ms. Burt. Mr. Grund stated they have contacted the Braille Institute and the two school districts. Council Member Franklin spoke in support of issuing a letter that the grant request would be met once the non-profit status is obtained so that the organization does not lose the matching funds. Mr. Grund explained the funding would provide many hours of instruction for most of the summer. Mr. Marvin stated he would be willing to advance the 55,000 contingent on issuance of a letter from the City. Marty Jacobs, 48-840 Vial Marina, Executive Director of Fellowship of Christian Athletes, thanked the Council for consideration of their grant request. Julia Burt, 52-195 Villa Sedona, with Peggy Billons of the Desert Cancer Foundation, questioned the reason for denying their application. Community Services Director Hylton explained funds were awarded to another applicant because they serviced more residents and are a local organization. Ms. Burt stated the Desert Cancer Foundation provides services to residents of La Quinta and the Coachella Valley, and Ms. Billons explained how those services and funding are provided to the local community. Ms. Burt requested the City Council reconsider the grant request. Mayor Adolph stated the Ad-Hoc Committee is familiar with how the City of Hope provides services to cancer patients in the Valley, but is not familiar with the Desert Cancer Foundation. Ms. Billons asked how they might make the City and residents more familiar with their organization, and Mayor Adolph suggested they contact staff. Peter Stein, 47-810 Wind Spirit Drive, representing La Quinta Rugby, expressed gratitude for the City's support and stated the team has represented the City during the recent final tournaments. Council Member Kirk spoke in support of full funding for the Artisan Studios. He noted many items funded were to charitable organizations that are doing great things for businesses, but the City is not able to fund all of them. Mayor Adolph noted the schools are not receiving funding for after school programs, and the City is supportive of after school programs in La Quinta. Council Member Henderson noted the La Quinta Playhouse has been supported in the past, but was not eligible to receive a grant during this quarter. She commented on the Artisan Studio grant request and City Council Minutes 7 May 5, 2009 encouraged them to reapply when they meet the criteria; stated she supports the issuance of a letter to enable the Artisan Studio to receive matching funds; and conveyed support of the current process which has worked well during the last two years. Council Member Sniff stated the City should work on a solution to help the Artisan Studios so Mr. Marvin can provide the funding until the criteria is met; and suggested 52,000 be awarded to the Desert Cancer Foundation. Mayor Adolph noted there is sufficient funding to meet the two additional requests. In response to Council Member Kirk, Community Services Director Hylton stated the Ad-Hoc Committee has recommended 51,000 be awarded to the City of Hope. Council Member Henderson stated she would support the same amount for the Desert Cancer Foundation. The City Council concurred. MOTION - It was moved by Council Members Adolph/Kirk to approve the following Community Services Grants and Funding Requests: Fellowship of Christian Athletes, 55,000; Shelter from the Storm, Inc., 55,000; Tools for Tomorrow, Inc., 55,000; La Quinta High School WinterGuard, 52,000; College of the Desert Foundation, 51,000; Gems of the Desert/City of Hope, 51,000; La Quinta Rugby Club, 51,000; Visiting Nurse Association of the Inland Counties, 51,000; Virginia Waring International Piano Competition, 51,000; National League of American Pen Women, 51,000; and Desert Cancer Foundation, 51,000.. Motion carried unanimously. MOTION - It was moved by Council Members Kirk/Franklin to approve the Community Services Grants and Funding request for La Quinta Entertainment & Cultural Organization in the amount of 52,500. Motion carried by a vote of 4-0-1 with Mayor Adolph abstaining. Lucy Moreno, 51-930 Avenida Villa, representing La Quinta High School WinterGuard, thanked the City Council for supporting their grant request. 2. CONSIDERATION OF FUNDING FOR THE WESTERN COACHELLA VALLEY REGIONAL HOMELESS MULTI-SERVICE CENTER OPERATION IN THE CITY OF PALM SPRINGS. Community Services Director Hylton presented the staff report. Council Member Franklin clarified that it would be an annual contribution. Community Services Hylton confirmed it is the highest amount that will be requested from each City. City Council Minutes 8 May 5, 2009 In response to Mayor Adolph, Community Services Director Hylton explained the contribution amount would need to be included annually in the budget. Council Member Henderson asked if any of the other cities have taken action on this yet. Community Services Director Hylton stated the other cities will be taking this item up during their budget process. Council Member Kirk stated since he has been appointed as Executive Director of Coachella Valley Association of Governments (CVAG), he will not be participating in this item to avoid the appearance of a conflict of interest. Aurora Wilson, Director of Human and Community Resources at CVAG, introduced representatives present from the Martha's Village organization, and Indian Wells Council Member Patrick Mullany, who is Vice Chair of the CVAG Homelessness Committee; and stated they are available to answer questions. In response to Mayor Adolph, Mrs. Wilson confirmed four cities have indicated they are not in support of the formula, but are willing to participate in the program. She stated CVAG will work with any amount of funding received from the cities; and explained the facility will serve not only the western valley but also overflow from the eastern valley area. She stated CVAG is open to other suggestions for funding; and explained the County of Riverside is willing to allocate their contribution to the western facility if the City of La Quinta would prefer supporting organizations in the east valley. Council Member Henderson complimented Mrs. Wilson for her presentation of a difficult subject. She stated she is not troubled with trying to find a valley-wide solution on this issue but is troubled with avalley-wide solution that has only one facility. She thanked Martha's Village and Coachella Valley Rescue Mission for their attendance at this meeting. She stated it is her understanding that Redevelopment Agency funds can be used for this effort if done in combination with two other cities and asked staff to research this. She still has unanswered questions and is uncomfortable dealing with the proposal at this time. In response to Council Member Henderson, Mrs. Wilson confirmed they have other funding sources besides the cities but they are on a year-by-year basis. Council Member Henderson suggested this item be continued to the next meeting or 30 days. Council Member Sniff commented on the difficulty of addressing all of the noble causes such as homelessness which will never end. He noted the City Council Minutes 9 May 5, 2009 County and the cities are having financial difficulties and if the City helps anyone, it must make an effort to support organizations in the east valley. He stated he cannot support the proposal before the City Council at this time. Council Member Franklin stated the Committee has worked hard to address this problem, and noted homelessness now includes children. Patrick Mullany, Indian Wells Council Member, explained the face of homelessness is changing as the current homeless includes families who can go to a facility to regain financial stability; giving this opportunity is what is meant to end homelessness; and stated a second phase of the proposal is to establish a facility in the eastern valley. He stated Indian Wells has approved the concept but has requested additional information. He stated they have a zero population of homeless in Indian Wells, similar to La Quinta, but that gives them a greater responsibility to contribute toward a solution to this problem. In response to Mayor Adolph, City Manager Genovese confirmed staff can bring this matter back during consideration of the budget. Council Member Henderson requested staff include an answer in the report as to whether or not Redevelopment Agency funds can be used. MOTION - It was moved by Council Members Sniff/Henderson to continue this matter to the June 9, 2009 Special City Council meeting. Motion carried by a vote of 4-0-1 with Council Member Kirk abstaining. 3. CONSIDERATION OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30096-1 AND 30096-2, PUERTA AZUL PARTNERS, LLC. Council Member Franklin excused herself from discussion of this item due to a potential conflict of interest and left the dais. Public Works Director Jonasson presented the staff report. Mayor Adolph stated several issues were brought up when he met with the Homeowners Association (HOA-. He has observed several problems with grading on the tennis courts; lighting; water seeping through the wall from planters; and asked if it is the HOA or developer's responsibility. Public Works Director Jonasson explained the items are in the open area and the planter issue could be due to maintenance. Mr. Jonasson further explained it is unknown whether the lighting was working previously as the improvements were completed over two years ago. City Council Minutes 10 May 5, 2009 Council Member Kirk stated most of the items on the punch list are in the common area and the City should not have been reviewing them. Public Works Director Jonasson explained it is not typical to develop punch lists in common areas or continue for many years; stated a punch list is an efficient way to determine what items need to be addressed before presenting the tract to the City Council for acceptance. Council Member Kirk stated the number of items on the punch list should not have been listed and encouraged staff to correct the problem. Barry Daniels, 80-925 Puerta Azul, past president of the HOA, spoke regarding overgrown trees onto Madison Street and landscaping electrical problems that were due to installation problems; when the developer failed to address the issues, they contacted staff about the common area bond that exists on the project. He stated this has been an ongoing problem for three years and the developer has not responded to the HOA's request. In response to Council Member Kirk, Public Works Director Jonasson confirmed the Mesquite trees are a part of the off-site improvements and will be addressed during Public Hearing No. 1. Lori Livacich, president of Puerta Azul HOA, commented on this being an on- going problem; stated drain covers at the tennis courts and lighting have been constant problems, and there are certain problems that should have been the responsibility of the developer. She explained the common area bond was inadvertently released upon a request by the developer and Desert Resort Management signed off on the bonds without notifying the HOA that is was a common area bond. She stated not all items of the revised punch list have been addressed; and thanked staff for their assistance. Mark Rockwell, 80-907 Villa Puerta Azul, representing the developer, stated many of common area issues being discussed are HOA common area items that were transferred to the HOA over a period of two to five years ago. He stated the lighting issues are items of maintenance and referred to letters submitted by residents complimenting the design and landscaping of the community. He explained the landscaping is a separate contract between the developer and the HOA; and the warranty on those items ended in January 2007, six months before the bonds were released. He stated the developer has offered to join the HOA to go back to the original contractor for the landscaping if it can be demonstrated that the installation was defective. In response to Council Member Henderson, Mr. Rockwell stated the bonds under consideration for on-site improvements are for streets, curbs, and dry utilities. Public Works Director Jonasson confirmed the bond for the contract City Council Minutes 11 May 5, 2009 between the developer and the HOA was released by the Department of Real Estate and not the City. Council Member Kirk asked if the developer has any information regarding the unauthorized release of the bond as suggested by the HOA. Mr. Rockwell referred to minutes from a HOA Board meeting held on May 5, 2008 which states the action taken was to approve the release of the bonds. Council Member Kirk asked if any of the letters of support are from members of Mr. Rockwell's company. Mr. Rockwell stated one letter was submitted from a former employee. James Vaughn, 2815 Townsgate Road, West Lake Village, attorney for the developer, stated the argument regarding release of the bond is a private dispute and can be addressed in court as they are maintenance issues; and the improvements at issue for consideration are grading, curb, gutter, sidewalks, streets, storm drains, and utilities. Ms. Livacich explained the signature on the release document is not Mr. Daniel's signature and the minutes refer to the bond by number only; it did not give a description of the bond. She stated the developer did not monitor the contractor during installation. Council Member Kirk asked if the May 5, 2008 minutes reflect an actual meeting. Mr. Daniels stated it was a phone call for the sole purpose of selecting a landscape company; none of the items listed on the minutes were discussed, and the new Board signed off on the minutes at the July meeting. Council Member Kirk stated he is in support of staff's recommendation as the maintenance issue is a separate dispute. Mayor Adolph stated it is the duty of the City to protect homeowners from developers that do not complete their projects as required. Council Member Kirk stated it is not the City's responsibility in this case, and this matter should be addressed in court. MOTION - It was moved by Council Members Kirk/Sniff to accept onsite improvements associated with Tract Map Nos. 30096-1 and 30096-2, Puerta Azul, Puerta Azul Partners, LLC; and authorize staff to release performance securities, and direct staff to release labor and material securities 90 days after City Council acceptance of the improvements. Motion carried unanimously. City Council Minutes 12 May 5, 2009 Mayor Adolph recessed the City Council meeting to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER A RESOLUTION AMENDING A SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR OFFSITE IMPROVEMENTS TO ELIMINATE A TRAFFIC SIGNAL AND AUTHORIZE .A MEDIAN CLOSURE, AND ACCEPTING THE OFFSITE IMPROVEMENTS FOR PUERTA AZUL (TRACT MAP 300961, PUERTA AZUL PARTNERS, LLC. Council Member Franklin announced she would not be participating in this item due to a potential conflict of interest and left the dais. Public Works Director Jonasson presented the staff report. Council Member Henderson inquired about landscaping of the median. Public Works Director Jonasson stated due to the width of the median it will be capped with stamped concrete. Council Member Kirk asked if the landscaping is part of the off-site improvements. Public Works Jonasson explained staff's inspection includes all aspects within the right-of-way and observed a safety issue with the overgrown trees. Council Member Kirk asked if it is staff's interpretation that landscaping is a part of the off-site performance bond. Public Works Director Jonasson stated it is not a line item in their off-site subdivision improvement agreement but staff has the authority to make the request from a health and safety issue. Council Member Kirk referenced a statement made earlier that the trees were part of the bond, and Public Works Director Jonasson confirmed it was incorrectly stated. Mayor Adolph stated the root systems of the trees are unstable and asked who would be responsible for removing them when they fall. Public Works Director Jonasson explained the Public Works Department will remove the trees and contact the property owner for replacement; and explained staff has addressed the three most dangerous trees. City Council Minutes 13 May 5, 2009 Mayor Adolph questioned if the burden should be placed on the Homeowners Association (HOA) if we know this is going to happen. Council Member Henderson asked if releasing the bond precludes the City from requiring that the trees be addressed under health and safety issues, to which Public Works Director Jonasson responded, "No." Council Member Kirk asked if the trees are a part of the common area bond included in the private agreement between the developer and the HOA. Public Works Director stated he does not know. Council Member Kirk asked under the Health & Safety Code interpretation, can the City require a private property owner to replace a tree that is in the public right-of-way. Public Works Director Jonasson stated it would be an extreme case but could be required if it is a health and safety issue. City Manager Genovese stated unless there is some type of planting code approved by the City Council, he is not sure the City can require a tree to be planted but could require it to be removed for health and safety reasons. Assistant City Attorney Ramirez stated it would be extreme, but it could be required. Mayor Adolph stated a tree could be replaced with shrubbery, but the concern is security should the tree fall. Public Works Director Jonasson stated a total of 9 trees were removed and 4 of them were planted with different species. Council Member Henderson asked if the potential release of this bond removes the liability of the developer. Public Works Director confirmed it would after the labor and materials bond is released in 90 days, and there is a one-year warranty on the new improvements. In response to Council Member Henderson, Public Works Director Jonasson confirmed the City would exercise any health and safety issues with the HOA after the bonds are released. He further confirmed that the City would still have the bonds for the median improvements. Mark Rockwell, 80-907 Via Puerta Azul, representing the developer, stated any additional trees that staff suggests should be removed from the right-of- way will be removed by the developer. He stated the landscaping in this area is not technically included with the bond but they addressed it nevertheless. He stated they support installation of the median and are willing to put a bond in place for it or construct it. The Mayor declared the PUBLIC HEARING OPEN at 7:31 p.m City Council Minutes 14 May 5, 2009 Lori Livacich, president of Puerta Azul Homeowners Association (HOA1, stated the HOA is in support of moving the traffic signal. She requested five more trees be removed and replaced with shrubbery. Penny Sturgill, 57-605 Ballybunion, delegate of Summit Homeowners Association, requested that any new or replaced plant material on Madison Street be replaced with low-growing material. James Vaughn, 2815 Townsgate Road, Westlake Village, stated the developer is willing to pay for the removal of the five trees; and confirmed the landscaping along Madison Street was covered by the common area agreement. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:35 p.m. Public Works Director Jonasson corrected the statement made regarding the warranty; explained the normal requirement is one-year, and suggested at least a 90-day warranty be imposed for tree replacement. RESOLUTION NO. 2009-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OFFSITE IMPROVEMENTS AND ACCEPTING THE OFFSITE IMPROVEMENTS FOR PUERTA AZUL (TRACT MAP 30096). It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2009-037 as amended removing all references to landscaping other than accepting the developer's offer to remove up to five trees at the discretion of the HOA-. In response to Mayor Adolph, Ms. Livacich stated if the five trees are removed the Homeowners Association will replace them with shrubbery. Motion carried by a vote of 4-0-1, with Council Member Franklin abstaining. 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO: 1) RESTRICT THE PLACEMENT OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060); AND 2) REVISE TABLE 9-17 TO CHANGE THE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS 19.160.0201. City Council Minutes 15 May 5, 2009 Planning Director Johnson presented the staff report. In response to Council Member Henderson, Planning Director Johnson confirmed sign twirlers are prohibited in the City as they are considered moving animated signs. Mayor Adolph asked if people can be fined if they do not pick up their signs. Planning Director Johnson stated there is no provision to address that issue as it is a matter of enforcement; and stated the deposits are often fully refunded at the end of the period. Council Member Henderson noted the ordinance addresses the right-of-way and not just medians. Council Member Kirk asked if the ordinance eliminates a sign program. Planning Director Johnson stated there will be no requirement for a permit for temporary signs if posted on private property; and the application and stickers are relevant only to signs placed in the public right-of-way. Council Member Sniff referenced terminology used on page 2, and asked who would determine "aesthetic nuisances." Planning Director Johnson stated an aesthetic nuisance would not be offensive to everyone. Council Member Sniff stated the real effect of this ordinance is to eliminate public expression and free speech. Council Member Franklin agreed with Council Member Sniff that the ordinance is creating a hardship for those wanting to run for public office. She stated signs are the least expensive way to promote campaign and is opposed to the ordinance. She suggested reducing a posting period to 45 days and prohibit them in the median. Council Member Sniff stated signs helps get name recognition out to the community. The Mayor declared the PUBLIC HEARING OPEN at 7:53 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:53 p.m. Council Member Kirk stated he believes this is an aesthetic question and the City Council makes many decisions for aesthetic reasons; temporary signs clutter the City and the sign ordinance is routinely violated; and those who continually violate the ordinance have an advantage over others. He stated the ordinance says no to those who think they can buy their election by placing many signs all over the City; and he does not want that kind of City. City Council Minutes 16 May 5, 2009 Council Member Henderson noted this issue has been discussed before and it has always left a little room to allow freedom of speech; and stated the candidate should get person recognition, not name recognition. She is opposed to posting signs in the median; the more you give the more they take; this issue will most likely be revisited in the future; and realtors will come to address the City Council if not enabled to post signs. She asked if realty signs are allowed to be posted in the right-of-way. Building & Safety Director Hartung explained realty signs are not allowed in the right-of-way; and explained the Code allows posting on private property and two on the corner of private property. Council Member Henderson asked if the ordinance is adopted, will the signs be removed. Building & Safety Director Hartung stated realtors were here when the restrictions were established. Council Member Henderson voiced support of the ordinance to give an opportunity to implement it. MOTION - It was moved by Council Members Kirk/Henderson to take up Ordinance No. 468 by title and number only and waive further reading. Motion carried by a vote of 3-2, with Council Members Franklin and Sniff dissenting. ORDINANCE NO. 468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE BY: 11 RESTRICTING THE PLACEMENT AND MAXIMUM TIME PERIOD OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060); AND 2) REVISING TABLE 9-17 TO REMOVE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.020). It was moved by Council Members Kirk/Henderson to introduce Ordinance No. 468 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Mayor Adolph NOES: Council Members Franklin, Sniff ABSTAIN: None ABSENT: None City Council Minutes 17 May 5, 2009 3. PUBLIC HEARING ON LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2009/2010. Public Works Director Jonasson presented the staff report. In response to Mayor Adolph, Public Works Director Jonasson stated there has been a slight reduction in the landscape maintenance cost. There being no public testimony Mayor Adolph declared the PUBLIC HEARING OPEN AND CLOSED at 8:12 p.m. RESOLUTION NO. 2009-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2009/2010 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 19721. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2009-038 as submitted. Motion carried unanimously. BUSINESS SESSION .............Icontinuedl 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 1.09, ADMINISTRATIVE CITATION, OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. Building & Safety Director Hartung presented the staff report. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 469 by title and number only and waive further reading Motion carried unanimously. ORDINANCE NO. 469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 1.09.060 OF THE MUNICIPAL CODE RELATING TO APPEAL OF ADMINISTRATIVE CITATIONS. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 469 on first reading. Motion carried by the following vote: City Council Minutes 18 May 5, 2009 AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 5. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.70 OF THE LA QUINTA MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROLS. Public Works Director Jonasson presented the staff report. MOTION - It was moved by Council .Members Sniff/Henderson to take up Ordinance No. 470 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 8.70 OF THE LA QUINTA MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROLS. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 470 on first reading. Motion carried by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 6. CONSIDERATION OF FILLING A VACANCY ON THE CITY COUNCIL BY APPOINTMENT OR AFFIRMING ELECTION OF A REPLACEMENT AT THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 3, 2009. City Clerk Montecino presented the staff report. In response to Council Member Sniff, City Clerk Montecino explained a reference in the staff report to the next regularly-scheduled election was the November 3, 2009 General Municipal election conducted by the County of Riverside, Registrar of Voters. City Council Minutes 19 May 5, 2009 Mayor Adolph stated it is not the intention of the Council to hold a special election. Council Member Sniff stated he would philosophically prefer holding an election to fill a lengthy term and to give the voters the choice. Council Member Henderson stated the City Council has typically chosen in the past to interview and appoint someone to fill a City Council vacancy. She suggested establishing a simple application and a letter of intent, holding interviews on June 2 as commission appointments will be held at that time. Council Member Franklin suggested revising the application forms used for City commissions, and adding the requirement of submitting 25 signatures of registered voters. She further suggested advertising immediately and considering an appointment at the June 2, 2009 meeting. Mayor Adolph suggested appointing the candidate with the third highest votes received at the November 4, 2008, General Municipal Election. City Manager Genovese suggested holding a special City Council meeting on a Thursday, such as June 4, 2009, and Council Member Henderson stated she would not be available on June 4`" Council Member Sniff stated he sees no problem with holding interviews at the June 2, 2009 meeting. Council Member Henderson stated she is willing to compromise if the meeting begins at 2:00 p.m. City Manager Genovese suggested the City Council begin the June 2, 2009, meeting as early as 1:00 p.m. to accommodate the number of interviews to be conducted. The City Council concurred to advertise for applications in the local newspaper and receive applications with 25 signatures of support. Andrea Gassman, Community Services Commissioner, suggested the City Council vacancy be appointed prior to the commission appointments in the event the appointment results in an additional vacancy on the Planning Commission. Council Member Henderson noted the action of the City Council is unforeseen. City Manager Genovese confirmed the number of signatures submitted with the application as desired by the City Council is 25. City Council Minutes 20 May 5, 2009 Council Member Sniff asked when the applications would be due. City Manager Genovese suggested Tuesday, May 26, 2009 as the deadline, and stated it would be included with the notification process. STUDY SESSION – None REPORTS AND INFORMATIONAL ITEMS League of California Cities – Council Member Henderson announced the City is hosting the League of California Cities–Riverside County Division General meeting on May 11, 2009; and Mike Madrid will be the speaker to address the direction of the League upon the May 19, 2009 election results. Council Member Henderson announced a China Delegation was scheduled to visit the area in May, including the City’s Emergency Operations Center, but the conference has been rescheduled for October 2009. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 3-A. CITY COUNCIL SUMMER MEETING SCHEDULE. After a brief discussion, the City Council concurred to cancel the August 18 and September 1, 2009 City Council meetings. 3-B. DISCUSSION REGARDING COMMISSION APPLICANT INTERVIEWS. After a brief discussion, the City Council concurred to hold interviews at the June 2, 2009 meeting. MAYOR AND COUNCIL MEMBERS' ITEMS – None The City Council recessed to Closed Session as delineated on Page 1. City Council Minutes 21 May 5, 2009 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 Act1. ADJOURNMENT There being no further business, the meeting was adjourned. Respectf ly submitted, `i~2~~~ VERONICA J. TECINO, City Clerk City of La Quinta, California