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2009 06 02 CC MinutesLA QUINTA CITY COUNCIL MINUTES JUNE 2, 2009 A regular meeting of the La Quinta City Council was called to order at the hour of 1:00 p.m. by Mayor Adolph, who led the audience in the Pledge of Allegiance. PRESENT: Council Members Franklin, Henderson, Sniff, Mayor Adolph (Council Member Evans was sworn-in and seated at 3:34 p.m.) ABSENT: None PUBLIC COMMENT Barbara Larson, 79-255 Rose Dawn, addressed a petition in opposition of releasing bonds for off-site improvements at the Watercolors development. She requested Council look into the matter on behalf of the Homeowners Association IHOA) and withhold all bond funds until the improvements have been completed. Wayne Wianecki, 47-895 Dancing Butterfly, also expressed concern about accepting the improvements without completing street and ground cover materials. He stated if the HOA had to provide funds for the improvements, it would completely deplete the funds and increase the HOA fees for residents. He requested the City Council's assistance in reviewing this matter further. Mayor Adolph asked Mr. Wianecki to meet with Public Works Director Jonasson to discuss the issues. CONFIRMATION OF AGENDA City Manager Genovese stated the applicant has requested Consent Item No. 5 be continued to June 16, 2009. The City Council concurred. ANNOUNCEMENTS -None PRESENTATIONS -None WRITTEN COMMUNICATIONS City Council Minutes 2 June 2, 2009 1. WRITTEN CORRESPONDENCE FROM THE DESERT CLASSIC CONCOURS d'ELEGANCE. Mayor Adolph stated he met with representatives from the La Quinta Resort who want to put on a car show sometime between the Bob Hope Chrysler Classic and the CoachellaFest Concert events, and are looking for sponsorship or marketing assistance from the City. He suggested staff meet with them and report back to the City Council. The City Council concurred. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Franklin to approve the City Council Minutes of May 19, 2009, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 2, 2009. 2. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 3. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC. (RESOLUTION NO. 2009-045) 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31874-2, CARMELA, TAYLOR WOODROW HOMES, INC. (RESOLUTION NO. 2009-046) 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC, AND ADDING A REQUIREMENT FOR THE DEVELOPER TO RESOLVE WITH IMPERIAL IRRIGATION DISTRICT (IID) THE RELOCATION OF AN .ABOVE-GROUND UTILITY VAULT ON THE NORTHWEST CORNER OF AVENUE 53 AND MONROE STREET. (This item was removed from the agenda and continued to June 76, 2009) 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC. (RESOLUTION NO. 2009-047) City Council Minutes 3 June 2, 2009 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. (RESOLUTION NO. 2009-048) 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. (RESOLUTION NO. 2009-049) 9. APPROVAL TO EXTEND A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH NAI CONSULTING, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2009/2010. 10. ACCEPTANCE OF FRITZ BURNS PARK TENNIS COURT RESURFACING, PROJECT NO. 2008-10. 11. ADOPTION OF A RESOLUTION ESTABLISHING AN INTERNET TOURISM WEBSITE POLICY FOR OPERATION OF THE CITY OF LA Q.UINTA TOURISM WEBSITE. (RESOLUTION NO. 2009-050) 12. APPROVAL TO REJECT THE BID FROM PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION, INC., AND AWARD A CONTRACT TO MOCON CORP. IN THE AMOUNT OF 51,082,015 TO CONSTRUCT THE PHASE III HIGHWAY 111 IMPROVEMENTS, PROJECT NO. 2006-04. 13. APPROVAL TO AWARD A CONTRACT TO BEST SIGNS, INC. TO CONSTRUCT THE VILLAGE WAYFINDING SIGN IMPROVEMENTS, PROJECT NO. 2007-04. 14. DENIAL OF CLAIM FOR DAMAGES FILED BY MAUREEN ELY -DATE OF LOSS: APRIL 7, 2009. MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and amended with the exception of Item No. 5 and with Item Nos. 3, 4, 6-8 and 11 being approved by RESOLUTION NOS. 2009-045 through 2009-050 respectively. Motion carried unanimously. City Council Minutes 4 June 2, 2009 BUSINESS SESSION 1. CONSIDERATION OF FILLING A VACANCY ON THE CITY COUNCIL BY APPOINTMENT. There were changes to the staff report as submitted and on file in the City Clerk Department. Mayor Adolph addressed issues regarding non-qualified candidates. After a brief discussion, the City Council concurred not to include for consideration of appointment the applicants who failed to qualify with the required 25 verified signatures. Mayor Adolph explained the process for interviews, consideration of applicants, and voting by ballot. Council Member Sniff suggested each Council Member select three candidates on the first ballot, two on the second ballot, and make a final choice on the third ballot. Council Member Henderson stated she prefers considering all of the candidates as opposed to eliminating candidates through the ballot process. Council Member Franklin concurred and inquired about the interview process. Mayor Adolph explained all candidates will remain in the meeting and will be interviewed one at a time. Council expressed their appreciation to all the applicants who applied for the City Council vacancy. The following applicants gave a brief presentation on their background and qualifications: Ed Alderson Jim Cathcart Linda Evans Joseph Hofman Robert Sylk Robert Wilkinson Robert Wright (Jim Cathcart withdrew his application.} City Council Minutes 5 June 2, 2009 BALLOT NO. 1 Mayor Adolph voted for Council Member Franklin voted for Council Member Henderson voted for Council Member Sniff voted for Robert Wright . Linda Evans Linda Evans Linda Evans MOTION - It was moved by Council Members Sniff/Franklin to appoint Linda Evans to fill an unexpired term on the City Council expiring November 2, 2010. Motion carried unanimously. The City Clerk administered the oath of office to Mrs. Linda Evans who then took her seat at the dais. Council Member Evans thanked the City Council for the opportunity to serve the City. 2. CONSIDERATION OF APPOINTMENTS TO VARIOUS CITY BOARDS, COMMISSION, AND COMMITTEES. There were no changes to the staff report as submitted and on file in the City Clerk's Department. Mayor Adolph reviewed the interview process. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (2 vacancies) The following applicants for the Architecture and Landscape Review Committee gave a brief presentation on their background and qualifications: Jason Arnold David Thoms (Jason Arnold was not present) MOTION - It was moved by Council Members Sniff/Henderson to appoint Jason Arnold and David Thoms to serve two-year terms on the Architecture and Landscape Review Committee, effective July 1, 2009. Motion carried unanimously. City Council Minutes 6 June 2, 2009 COMMUNITY SERVICES COMMISSION (4 vacancies) The following applicants for the Community Services Commission gave a brief presentation on their background and qualifications: Sheldon Brodsky Andrea Gassman Michele Lawrence Robert Leidner Lucy Moreno Dori Quill BALLOT NO. 1 Mayor Adolph voted for Council Member Evans voted for Council Member Franklin voted for Council Member Henderson voted for Council Member Sniff voted for Sheldon Brodsky, Andrea Gassman, Robert Leidner, Do ri Quill Sheldon Brodsky, Andrea Gassman, Michele Lawrence, Dori Quill Sheldon Brodsky, Andrea Gassman, Michele Lawrence, Robert Leidner Sheldon Brodsky, Andrea Gassman, Robert Leidner, Do ri Quill Sheldon Brodsky, Andrea Gassman, Michele Lawrence, Robert Leidner Applicants Michele Lawrence and Dori Quill each received three votes. BALLOT NO. 2 Mayor Adolph voted for Michele Lawrence Council Member Evans voted for Michele Lawrence Council Member Franklin voted for Michele Lawrence Council Member Henderson voted for Michele Lawrence Council Member Sniff voted for Michele Lawrence MOTION - It was moved by Council Members Sniff/Franklin to appoint Sheldon Brodsky, Andrea Gassman, Michele Lawrence, and Robert Leidner to serve two-year terms on the Community Services Commission, effective July 1, 2009. Motion carried unanimously. HISTORIC PRESERVATION COMMISSION 13 vacancies) In response to Council Member Franklin, Planning Director Johnson explained the requirements for the professional and non-professional positions. The following applicants for the Historic Preservation Commission gave a brief presentation on their background and qualifications: City Council Minutes 7 Douglas Barr Maria Puente June 2, 2009 Archie Sharp Allan Wilbur Ballot No. 1 Council Member Evans voted for Council Member Franklin voted for Council Member Henderson voted for Council Member Sniff voted for Mayor Adolph voted for Maria Puente, Archie Sharp, Allan Wilbur Maria Puente, Archie Sharp, Allan Wilbur Maria Puente, Archie Sharp, Allan Wilbur Maria Puente, Archie Sharp, Allan Wilbur Maria Puente, Archie Sharp, Allan Wilbur MOTION - It was moved by Council Members Sniff/Henderson to appoint Archie Sharp (non-professional), Maria Puente (professionall, and Allan Wilbur (professional) to serve three-year terms on the Historic Preservation Commission, effective July 1, 2009. Motion carried uhanimously. INVESTMENT ADVISORY BOARD (2 vacancies) The following applicants for the Investment Advisory Board gave a brief presentation on their background and qualifications: Cristina Deniel Milton Olander Randy Rassi Ballot No. 1 Council Member Evans voted for Council Member Franklin voted for Council Member Henderson voted for Council Member Sniff voted for Mayor Adolph voted for Milton Olander, Randy Rassi Cristina Deniel, Randy Rassi Milton Olander, Randy Rassi Cristina Deniel, Milton Olander Cristina Deniel, Randy Rassi Cristina Deniel and Milton Olander both received three votes. City Council Minutes $ Ballot No. 2 Council Member Evans voted for Council Member Franklin voted for Council Member Henderson voted for Council Member Sniff voted for Mayor Adolph voted for June 2, 2009 Milton Olander Milton Olander Milton Olander Milton Olander Cristina Deniel MOTION - It was moved by Council Members Sniff/Henderson to appoint Milton Olander and Randy Rassi to serve three-year terms on the Investment Advisory Board, effective July 1, 2009, staggering the terms as follows: Milton Olander for athree-year term and Randy Rassi for atwo-year term. Motion carried unanimously. PLANNING COMMISSION (2 vacancies) The following applicants for the Planning Commission gave a brief presentation on their background and qualifications: Henry Casden Kenneth Doran James Emmons Jesse Frescas Andrea Gassman A.P. "Skip" Lench Paul Quill Victor Villenueve Robert Wilkinson (Andrea Gassman withdrew her application and William Segurdsen was not present) Ballot No. 1 Council Member Evans voted for Paul Quill, Robert Wilkinson Council Member Franklin voted for Paul Quill, James Emmons Council Member Henderson voted for Paul Quill, Robert Wilkinson Council Member Sniff voted for Paul Quill, Robert Wilkinson Mayor Adolph voted for James Emmons, Skip Lench MOTION - It was moved by Council Members Sniff/Henderson to appoint Paul Quill and Robert Wilkinson to serve two-year terms on the Planning Commission, effective July 1, 2009. Motion carried unanimously. The City Council recessed to and until 7:00 P.M. City Council Minutes 9 June 2, 2009 700 P_M_ PUBLIC COMMENT -None PRESENTATIONS Adolph announced two La Quinta residents, Kendall Russell and Jeannie Waters, will be participating in the Soap Box Derby in Akron, Ohio. PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE TO PERMIT USED CAR SALES IN THE REGIONAL COMMERCIAL ZONING DISTRICT ON AN INTERIM BASIS, SUBJECT TO A CONDITIONAL USE PERMIT. Planning Director Johnson presented the staff report. Council Member Henderson asked if the ordinance would extend beyond existing car dealerships. Planning Director Johnson stated the ordinance will apply only to existing car dealerships. However, if the ordinance is approved, staff will move forward with an amendment to the Code, which would allow more depth and detail and most likely open it up for other opportunities. Mayor Adolph asked if any of the lots on Highway 111 are currently zoned for used car sales. Planning Director Johnson stated used car sales are prohibited in the commercial business district unless in conjunction with a new car sales facility. Council Member Sniff asked if it is appropriate for the ordinance to reference only the Dodge City dealership. City Attorney Jenson explained the City is trying to provide an interim period of time for the Dodge City dealership to obtain a conditional use permit. She stated this ordinance is designed for the short term and will come back for further consideration pursuant to the normal course. The Mayor declared the PUBLIC HEARING OPEN at 7:08 p.m. Kenny Sowell, 47-775 Windspear, commented on the challenges the dealership has faced over the last 26 days; he is looking into obtaining other franchises; and thanked the City Council for their consideration. City Council Minutes 10 June 2, 2009 Council Member Sniff asked if he has considered a Kia franchise. Mr. Sowell stated he has met with them and other manufacturers. Council Member Evans asked how the change will impact the service center. Mr. Sowell stated his goal is to keep both the service center and parts department open on a small scale, but will not be able to provide service for warranties or service contracts. Mayor Adolph asked about the possibility of obtaining a Lexus franchise. Mr. Sowell stated the automotive industry is changing and tends to allow only one franchise in the Valley. Council Member Franklin asked when new cars become used vehicles. Mr. Sowell stated. when the sale is reported to the Department of Motor Vehicles. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:16 p.m. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PERMITTING USED CAR SALES IN REGIONAL COMMERCIAL ZONING DISTRICT OF THE CITY ON AN INTERIM BASIS, SUBJECT TO A CONDITIONAL USE PERMIT, AND DECLARING THE URGENCY THEREOF. It was moved by Council Members Sniff/Evans to introduce and adopt Ordinance No. 471 on first reading. Motion carried by the following vote: AYES: Council Members Evans Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None STUDY SESSION -None City Council Minutes 11 June 2, 2009 REPORTS AND INFORMATIONAL ITEMS League of California Cities -Council Member Henderson reported she attended the League Conference last week with Council Member Franklin and Mayor Adolph; a planned news conference took place regarding potential impacts to the cities in California if the State "borrows" from their general funds. She referenced a "Save Our Cities" meeting in Sacramento on June 3rtl and a summit meeting she will be attending July 18-19 for municipalities. She encouraged other Council Members to attend, and noted information is available at the "Save Your Cities" website. CVAG Homelessness Committee -Council Member Franklin reported CVAG has approved forwarding the request for a funding commitment to each city for consideration. Jacqueline Cochran Airport Committee -Council Member Franklin reported the Air Show will be held the first Saturday in November. CVAG Executive Committee -Mayor Adolph reported the Committee approved the appointment of Tom Kirk as Executive Director. All other reports were noted and filed. DEPARTMENT REPORTS City Manager Genovese reported the Preliminary Budget has been distributed to each Council Member for review. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph stated he recently represented the City at the YMCA Black Tie affair, spoke to students attending "Public Works Week," and attended the Charitable League Fashion Show. He stated that he also presented a wreath on behalf of the City at the Coachella Valley Cemetery in honor of Memorial Day, and attended the League of California Cities Conference. Mayor Adolph referred to the recent approval of the City Manager's voluntary 5% salary reduction, and announced he has directed staff to reduce his salary as Mayor by 5% as well. City Council Minutes 12 June 2, 2009 The City Council recessed to Closed Session. 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 certain 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. 3. Evaluation of City Attorney performance pursuant to Government Code Section 54957. 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 Actl. ADJOURNMENT There being no further business, the City Council concurred to adjourn the meeting. Respec Ily submitted, VERONICA J. NTECINO, City Clerk City of La Quinta, California