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2009 05 19 CC MinutesLA QUINTA CITY COUNCIL MINUTES MAY 19, 2009 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT Ellen Lloyd Trover, 83-150 Avenue 54, Vista Santa Rosa, referred to Closed Session Item No. 2, and expressed her interest in the potential use of the property. City Attorney Jenson stated this matter will be presented in open session; and explained the purpose of this item is to receive direction from the City Council for negotiations. B. Mangen Smith, 82-470 Avenue 54, Vista Santa Rosa, also expressed concern about future use of the land. CLOSED SESSION 1. Conference with labor negotiators, Ski Harrison and Bret M. Plumlee, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 -Meet and Confer Process. 2. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at the southeast corner of Monroe Street and. Avenue 53 (APNs: 767-230-001, - 002, and -003. Property Owner/Negotiator: RHKIDS, LLC, Ron Hakakian. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. City Council Minutes 2 May 19, 2009 400 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 Rupert Yessayian, P.O. Box 251, representing Committee for a Better La Quinta, expressed concerns about Code Compliance relating to pre-existing conditions (grandfathering) and suggested this matter be discussed in a Study Session. He has submitted a list of safety concerns to staff and has not received a response. He also expressed concern about high maintenance of Palo Verde trees in landscaped areas in the City; expressed opposition to S20 administration fee for handicapped parking citations; and requested the City establish a mechanism for public input. CONFIRMATION OF AGENDA Council Member Sniff requested Consent Item Nos. 14 and 17 be taken up separately. Council Member Henderson requested Consent Item No. 13 be moved to Business Item No. 5. She also requested an item be added to the agenda regarding consideration of adoption of a resolution finding a severe fiscal hardship if additional city property tax funds a seized and additional unfunded mandates are adopted by the State. City Attorney Jenson explained the criteria for adding an item on the agenda. Council Member Henderson stated this item was brought to the City Council's attention after the posting of the agenda and that there is an urgent need to take action before the next City Council meeting. MOTION - It was moved by Council Members Henderson/Sniff to add as Business Item No. 6, "Consideration of a Resolution Finding that a Severe Fiscal Hardship Will Exist if Additional City Property Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California." Motion carried unanimously City Council Minutes 3 May 19, 2009 ANNOUNCEMENTS -None PRESENTATIONS Mayor Adolph noted this is the last meeting Council Member Kirk will attend prior to his resignation. Council Member Kirk thanked his constituents and family for their support, and complimented staff. He also expressed appreciation and gratitude to the current Council Members and former Council Member Lee Osborne. Council Member Sniff acknowledged Mr. Kirk's promotion and stated this move is a step forward. Council Member Henderson thanked the City Clerk staff for their efforts in planning the Riverside County Division-League of California Cities General Meeting held on May 1 1, 2009; and conveyed appreciation for the Department Directors' attendance at the meeting. WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Franklin to approve the City Council Minutes of May 5, 2009, as corrected. Motion carried unanimously. CONSENT CALENDAR Council Member Henderson spoke regarding Item No. 11, and noted the City Manager is voluntarily taking a 5% reduction in pay for the next fiscal year beginning in September. Mayor Adolph spoke regarding Item No. 7, and noted stabilization is needed in the landscape area at the housing development on Westward Shadows. 1. APPROVAL OF DEMAND REGISTER DATED MAY 19, 2009. City Council Minutes 4 May 19, 2009 2.. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MARCH 31, 2009. 4. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE 2009 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD IN SAN JOSE, CALIFORNIA, SEPTEMBER 16-19, 2009. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR PARCEL MAP 33954, PHOENIX ROW III, LLC. (RESOLUTION NO. 2009-039) 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR PARCEL MAP 33954, PHOENIX ROW III, LLC. (RESOLUTION N0. 2009-040) 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, LP. (RESOLUTION NO. 2009- 041) 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, LP. (RESOLUTION NO. 2009- 042) 9. APPROVAL TO REJECT BIDS AND AUTHORIZATION TO RE-ADVERTISE THE FISCAL YEAR 2008/2009 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO. 2008-11. 10. APPROVAL TO APPLY FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 - ENERGY EFFICIENCY AND CONSERVATION FORMULA BLOCK GRANT. 11. APPROVAL OF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 12. APPROVAL OF A CONTRACT EXTENSION WITH LANDMARK GOLF MANAGEMENT, LLC THROUGH JUNE 30, 2010. 13. SEE BUSINESS SESSION ITEM NO. 5. City Council Minutes 5 May 19, 2009 14. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 468, AMENDING SECTIONS 9.160.060 AND 9.160.020 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO PERMITTED TEMPORARY SIGNS AND EXEMPT SIGNS RESPECTIVELY. (See separate action below.) 15. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 469, AMENDING CHAPTER 1.09 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATION. 16. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 470, AMENDING CHAPTER 8.70 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROLS. 17. APPROVAL OF LIST OF POTENTIAL CITY PROJECTS ELIGIBLE FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDING. (See separate action below.) 18. APPROVAL OF AN AMENDMENT TO SECTION X.18) OF THE FISCAL YEAR 2008/2009 INVESTMENT POLICY ADDING THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) TEMPORARY LIQUIDITY GUARANTEE PROGRAM (TLGP) AS A PERMISSIBLE INVESTMENT. 19. APPROVAL TO APPROPRIATE 56,988 FROM THE TRANSPORTATION DEVELOPER IMPACT FEE ACCOUNT 401-0000-391.00-00, AND REQUEST 520,963 FROM THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO COMPLETE THE PROJECT, AND ACCEPTANCE OF FRED WAKING DRIVE STREET IMPROVEMENTS (WASHINGTON STREET TO ADAMS STREET), PROJECT NO. 2007-06. MOTION - It was moved by Council Members Kirk/Sniff to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 13, 14 and 17 and with Item Nos. 5 through 8 being approved by RESOLUTION NOS. 2009-039 through 2009-042 respectively. Motion carried unanimously. Item No. 14 Council Member Sniff conveyed concern with the ordinance as it inhibits freedom of speech, and stated he cannot support the ordinance. City Council Minutes 6 May 19, 2009 MOTION - It was moved by Council Members Henderson/Kirk to approve the second reading and adoption of Ordinance No. 468, amending Sections 9.160.060 and 9.160.020 of the La Quinta Charter and Municipal Code relating to permitted Temporary Signs and Exempt Signs respectively. Motion carried by a vote of 3-2, Council Members Sniff and Franklin dissenting. Item No. 17 Council Member Sniff conveyed concern with the list of projects for the American Recovery and Reinvestment Act of 2009, and stated this action encourages participation in a serious financial error that increases the Federal debt. He stated he cannot support that philosophy. MOTION - It was moved by Council Members Kirk/Henderson to approve the list of potential City projects eligible for American Recovery and Reinvestment Act of 2009 funding. Motion carried by a vote of 4-1, Council Member Sniff dissenting. BUSINESS SESSION 1. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2009/2010. Community Services Director Hylton presented the staff report. Council Member Henderson stated the Plan appears to have a full work schedule and conveyed appreciation for the Commission's service. Mayor Adolph stated most of the Commissioners are in attendance at community events and conveyed appreciation for their involvement. Council Member Sniff stated the City is fortunate to have such an active Community Services Department. Council Member Franklin also commended the Department and stated many residents have commented on the Department's outstanding service. MOTION - It was moved by Council Members Franklin/Sniff to approve the Community Services Commission 2009/2010 Work Plan. Motion carried unanimously. City Council Minutes 7 May 19, 2009 2. CONSIDERATION CHAMBER OF COMMITTEE. OF SELECTION OF A REPRESENTATIVE TO THE COMMERCE WORKSHOP/INFORMATION EXCHANGE MOTION - It was moved by Council Members Henderson/Sniff to appoint Mayor Adolph to serve for three consecutive meetings on the Chamber of Commerce Workshop/Information Exchange Committee. Motion carried unanimously. 3. CONSIDERATION OF A GRANT PROGRAM TO ASSIST LOW-INCOME HOUSEHOLDS WITH MUNICIPAL CODE COMPLIANCE. Building & Safety Director Hartung presented the staff report. In response to Council Member Henderson, Building and Safety Director Hartung stated the cap on each grant is 52,500. Building and Safety Director Hartung confirmed an application form will be utilized along with a copy of the applicant's current tax return, in response to Mayor Adolph. Mayor Adolph stated the La Quinta Rotary received a request from Mrs. Camargo to fund an air conditioning unit and asked if the request would qualify for the grant program. Building and Safety Director Hartung confirmed her eligibility and explained the funding would be available as of July 1, 2009. In response to Council Member Sniff, Building and Safety Director Hartung explained the current program states the homeowner is responsible for installing groundcover; however, the City has received a donation of granite for use in the program; and if the property owner is ill or handicapped, they would qualify for assistance. Council Member Henderson stated the program refers to the homeowner's responsibility, which could include any member of the family or a designated person. MOTION - It was moved by Council Members Sniff/Franklin to authorize staff to establish a grant program to assist low-income households with Municipal Code compliance and include funding from the General Fund in the amount of 525,000 in the Fiscal Year 2009/2010 budget. Motion carried unanimously. City Council Minutes 8 May 19, 2009 4. CONSIDERATION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFF-SITE AND ON-SITE IMPROVEMENTS FOR TRACT MAP 29436, HIDDEN CANYON, TRANS WEST HOUSING, INC. Public Works Director Jonasson presented the staff report. In response to Council Member Henderson, Public Works Director Jonasson explained the length of time it takes to declare the developer in default and collect on the bonds; and recommended the homeowners' association mediate with the developer for a resolution. Reg Centeno, 77-878 Little Eagle Court, conveyed opposition to the extension; stated both on-site and off-site improvements have been bundled as one item but are two different issues; he has no confidence in Trans West due to the unsafe street improvements made, and requested the City Council deny the extension of time. Gail Johnson, 78-199 Redhawk Lane, President of the Hidden Canyon Homeowners Association, stated they have been patient in working through this development, and requested the City Council deny the extension. In response to Mayor Adolph, Public Works Director Jonasson explained the process to pull the bonds and receive funding from the bonding company to complete the project would take at least six months. Council Member Henderson expressed concern for those who live in the community, and suggested all involved work on a resolution because the process of pulling the bonds could take longer than six months. In response to Council Member Kirk, Public Works Director Jonasson confirmed the validity of the bonds and stated the bonding company has not been listed as a bankruptcy. Council Member Kirk supported the staff recommendation and suggested staff further investigate the health of the bonding company, and follow up on the mediation between the homeowners' association and the developer. Mrs. Johnson asked if the bond process could be initiated in conjunction with the time extension in order to protect the homeowners. Council Member Henderson stated initiating the bond process is challenging on the developer and it would be an additional hardship on Trans West at this time. City Council Minutes 9 May 19, 2009 Mayor Adolph suggested including a statement that this would be the final extension of time granted to the developer. The City Council concurred. RESOLUTION NO. 2009-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF-SITE AND ON-SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO NOVEMBER 30, 2009, FOR TRACT MAP 29436, HIDDEN CANYON. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2009-043 as submitted. Motion carried by a vote of 4-1, Council Member Franklin dissenting. 5. CONSIDERATION OF A CITY OF LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2009/2010. Economic Development Project Manager Casillas stated representatives from Furino Greene Creative, Landmark Golf Management, and staff are available to answer questions from the City Council. Council Member Henderson congratulated staff for combining all aspects of City marketing in the staff report. She asked if the new event referenced on page 11 has been budgeted. Assistant City Manager-Development Services Evans stated staff is working with the consultant to keep it within the current budget. In response to Mayor Adolph, Economic Development Project Manager Casillas explained the current budget for the Bob Hope Chrysler Classic event is approximately 5250,000, which is similar to last year's amount. Mayor Adolph conveyed concern about the City's lack of representation on the Bob Hope Chrysler Classic Board. Council Member Sniff asked if the event will continue to be held given the current situation with Chrysler. Mayor Adolph stated the Bob Hope Chrysler Classic Foundation has enough funding to conduct the event for one more year without a sponsor. Council Member Sniff stated the proposed marketing plan lacks significant and vital focus and he finds it difficult to support. City Council Minutes 10 May 19, 2009 MOTION - It was moved by Council Members Henderson/Franklin to approve the City of La Quinta Marketing Plan for Fiscal Year 2009/2010. Motion carried by a vote of 4-1, Council Member Sniff dissenting. 6. CONSIDERATION OF A RESOLUTION FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA. (See Confirmation of Agenda for adding this item.) Assistant City Manager-Management Services Plumlee presented the staff report. RESOLUTION NO. 2008-044 A RESOLUTION FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA MOTION - It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2009-044 as submitted. Motion carried unanimously. STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS CVAG Transportation Committee -Council Member Kirk reported budget issues may impose challenges to fund interchange projects. CVAG Public Safety Committee -Council Member Henderson stated she attended the meeting on behalf of Council Member Kirk. She reported a presentation was made on a new method of technology, and the Committee recommended all local agencies purchase the system. She stated she recommended the technology be reviewed by the Sheriff's Department prior to requesting local agencies to purchase the system. C.V. Conservation Commission -Council Member Sniff reported the Committee discussed the amount of reserves desired for the organization; the request to reduce the $6.5 million fund by 5300,000 was continued as the funds should be maintained for emergency items. City Council Minutes 1 1 May 19, 2009 Council Member Henderson stated the Building Industry Association (BIA) continues to be confused about when the Multi-Species Habitat Fee is collected. Planning Director Johnson explained there has been much discussion since the fee's adoption in October 2008; additional discussion will occur due to the interest of the literal interpretation of the policy. Council Member Henderson requested a meeting with Mr. Johnson and Council Member Sniff to review the policy prior to discussion with the BIA. CVAG Energy and Environmental Resources Committee -Council Member Sniff reported the Committee received a presentation from Bill Sank regarding a new facility that will create various manners of energy. Animal Campus Commission - Council Member Franklin reported the Animal Samaritans Clinic is under construction and will be completed in five months. All other reports were noted and filed. DEPARTMENT REPORTS -None MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph stated he attended the grand opening for the new ice skating rink, which is a large facility and a good addition to the community. Council Member Sniff expressed concern about a number of businesses in the City having financial difficulty; addressed the Dodge dealership closing and asked if the City Council would support conveying its displeasure about the closing in a letter to the Chrysler Corporation. He encouraged the City Council to show support for the dealership. Assistant City Manager-Development Services Evans reported staff has had several meetings with the dealership over the last three days; and a contingency plan will be presented at the June 2, 2009 City Council meeting. He explained staff is working on a proposal to convert the dealership to used car sales upon termination of the Chrysler franchise. City Council Minutes 12 May 19, 2009 In response to Council Member Henderson, Assistant City Manager-Development Services Evans explained the Specific Plan for the site does not address used car dealerships and staff is focusing on making modifications to the Zoning Ordinance, which would allow the owner of Dodge City Chrysler Jeep to sell used cars on this site. Council Member Sniff suggested the City Council be as supportive as possible to local businesses. Council Member Franklin commended Council Member Kirk for his expertise while serving on the City Council; and expressed appreciation for his patience during her acclimation to the City Council. PUBLIC HEARINGS -None ADJOURNMENT There being no further business, it was moved by Council Members Kirk/Franklin to adjourn. Motion carried unanimously. submitted, VERONICA ~IGONTECINO, City Clerk City of La Quinta, California