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2009 06 16 CC MinutesLA QUINTA CITY COUNCIL MINUTES JUNE 16, 2009 City Cllerk Montecino announced that the regular meeting of the La O~uinta City Council would not be called to order until the hour of 4:00 p.m. due 'CO lack of quorum. Mayor Adolph called the meeting to order at 4:00 p.m. and led the audience in the Pledge of Allegiance. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC: COMMENT -None CLOSED SESSION -None CONFIRMATION OF AGENDA City Manager Genovese requested Consent Item No. 8 be removed from the agenda and brought back for consideration when appropriate. The City Council concun~ed. Council Member Henderson requested an item be added to the agenda regarding adoption of a resolution to cooperate in litigation challenging the constitutionality of any seizure of street maintenance funds by the State. She confirmed the ii:em was brought to the City Council's attention after 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/Evans to add as Business Item No. 3, "Consideration of a Resolution Authorizing the City of La O.uinta to Cooperate in Litigation Challenging the Constitutionality of any Seizure by State Government of the City's Street Maintenance Funds." Motion carried unanimously. Mayor ,Adolph requested Consent Item No. 12 be taken up separately. ANNOUNCEMENTS -None City Council Minutes 2 June 16, 2009 PRESENTATIONS Beth Foley, Branch Manager of the La Quinta Library, presented the quarterly library report. Joan Winkman, Museum Manager, introduced herself and announced the upcoming events. WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 2, 2009, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Henderson/Evans to approve the Special City Council Meeting Minutes of June 9, 2009, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 16, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED APRIL 30, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED APRIL 30, 2009. 4. APPROVAL TO AWARD A CONTRACT FOR JANITORIAL SERVICES FOR CITY FACILITIES TO PRO GREEN BUILDING MAINTENANCE. 5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MRC ENGINEERING, INC. FOR ENGINEERING AND DESIGN SERVICES OF FIELD LIGHTING AT COLONEL PAIGE MIDDLE SCHOOL. 6. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN & TUCKER, LLP. 7. ADOPTION OF A RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON THE TAX ROLLS. (RESOLUTION NO. 2009-051) City Council Minutes 3 June 16, 2009 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC.; AND ADDING A REQUIREIMENT FOR THE DEVELOPER TO RESOLVE WITH THE 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 -see Confirmation of Agenda.) 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31202-1,. RANCHO SANTANA, DESERT CHEYENNE, INC. (RESOLUTION NO. 2009-052) 10. ACCEPTANCE OF THE CITY OF LA QUINTA GOVERNMENT AC(:UUNTING STANDARDS BOARD (GASB) 45 VALUATION AS OF JULY 1, 2008, AND APPROVAL TO ESTABLISH AN ACTUARIAL LIABILITY GENERAL FUND RESERVE. 11. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) FOFI PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) FOR CORE AREA RENOVATIONS AT THE LA QUINTA SPORTS COMPLEX. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32279, PALO VERDE, STANDARD PACIFIC HOMES. (See separate action below.) 13. APPROVAL OF AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH CLEANSTREET FOR MECHANICAL STREET SVVEEPING SERVICES EXTENDING THE TERM FOR ONE ADDITIONAL YEAR. 14. APPROVAL TO EXCUSE CHAIRPERSON MARIA PUENTE'S ABSENCE FROM THE JUNE 18, 2009 HISTORIC PRESERVATION COMMISSION MEE:7'ING. 15. APPROVAL OF NEW JOB DESCRIPTION FOR EXECUTIVE OFFICE ASSISTANT, REVISIONS TO JOB DESCRIPTION FOR E)CE:CUTIVE ASSISTANT, AND TITLE CHANGES TO PERSONNEL/RISK MANAGE=FI. 16. DENIAL OF CLAIM FOR DAMAGES FILED BY JUDY AND JOHN SHERWOOD -- DATE OF LOSS: MARCH, 4, 2009. MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 8 and 12 and with Item Nos. 7 and 9 being approved by RESOLUTION NOS. 2009-051 and 2009-052 respectively. Motion carried unanimously. City Council Minutes 4 June 16, 2009 Item Nn_ 12 Ron Junkin, 57-685 Rosewood Court, stated the homes are selling at reduced prices due to the incomplete improvements; requested the developer build out the homes on Rosewood Court, complete construction of the landscaping and lighting, and be a priority upon approval of the extension of time for completing the improvements. Public Works Director Jonasson presented the staff report. In response to Mayor Adolph, Public Works Director Jonasson explained the developer is conditioned to complete the improvements, and the developer is continuing to maintain the landscaping. Council Member Henderson asked if the requirement is to have landscaping installed now, and how maintenance would be provided. Public Works Director Jonasson explained that approximately half of the lots are developed and the developer is currently maintaining the lots as well as the landscaping. Michael Bataglia, Vice President of Project Development for Standard Pacific Homes, confirmed anything already installed will be maintained by the developer. In response to Mayor Adolph, Mr. Bataglia stated they are willing to cap-pave the street and complete the roundabouts when adjacent houses are built; and the developer plans to complete the project when the economy improves. In response to Council Member Henderson, Mr. Bataglia stated it is probable the developer will complete the street improvements. In response to Council Member Franklin, Mr. Bataglia explained it would cost approximately 5100,000 to landscape the two roundabouts and would be more cost effective to build them at the time of build-out. Council Member Henderson commented on how the current economy is affecting both the developer and the homeowners. She stated the cost to install the roundabouts and landscape irrigation is a bit exorbitant at this time and she is challenged with making that a condition before granting an extension; and she inquired about median landscaping. Public Works Director Jonasson explained there are no medians at this time. In response to Mayor Adolph, Public Works Director Jonasson explained the undergrounding will be installed at the time the street improvements are made. He further explained that the medians are not being constructed now City Council Minutes 5 June 16, 2009 because of conflicting uses of the street during construction and build-out of 1!he lots. Public Works Director Jonasson confirmed a bond is in place to cover the median improvements; and explained the bonds were reduced at one time, but currently enough funds to cover the cost of the improvements. MOTION - It was moved by Council Members Henderson/Sniff to approve Consent Item No. 12, by adopting: RESOLUTION NO. 2009-053 A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32279, PALO VERDE, Sl'ANDARD PACIFIC HOMES Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2009/2010. Finance Director Falconer presented the staff report. Council Member Henderson commended the Investment Advisory Board for their efforts in making changes in the document. lin response to Mayor Adolph, Finance Director Falconer confirmed the FDIC coverage has been changed from 5100,000 to 5250,000 through :?013. He further explained it is not currently a practice to invest in commercial paper other that what is insured by the Temporary Liquidity Guarantee Program; and stated the monies invested in LAIF are the City's funds and not. subject to the State budget crisis. RESOLUTION NO. 2009-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA OUINTA, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVIESTMENT POLICY FOR FISCAL YEAR 2009/2010. MOTION - It was moved by Council Members Sniff/Franklin to adopt Resolution No. 2009-054 as submitted. Motion carried unanimously. City Council Minutes 6 June 16, 2009 2. CONSIDERATION OF FILLING VACANCIES ON CITY COUNCIL STANDING COMMITTEES. Mayor Adolph asked if Council Member Evans would like to take the appointments vacated by Council Member Kirk. Council Member Evans stated she is interested in serving on the Palm Springs Desert Resort Communities Convention & Visitors Authority. Council Member Henderson indicated she would be agreeable to changing to the alternate. Council Member Franklin expressed an interest in serving on the Coachella Valley Mountains Conservancy. Council Member Sniff noted the Commission is not pursuing any projects currently due to the lack of funds. Council Member Evans accepted the appointment as alternate to the following committees: Coachella Valley Association of Governments (CVAG) Coachella Valley Conservation Commission, CVAG Energy & Environmental Resources Committee, CVAG Human and Community Resources Committee, and CVAG Homelessness Committee. Council Member Henderson accepted appointment to the CVAG Public Safety and Transportation Committees, with Council Member Evans serving as the alternate on both committees. Council Member Franklin accepted appointment to the Coachella Valley Mountains Conservancy (upon confirmation by the State). Council Member Henderson inquired about the Imperial Irrigation District Energy Consumers' Advisory Committee meetings. Council Member Franklin stated their meetings alternate between EI Centro and La Quinta; the City Manager has indicated that the staff representative can attend the EI Centro meetings on her behalf; and the committee may meet via video conference. MOTION - It was moved by Council Members Sniff/Henderson to approve the appointments as designated. Motion carried unanimously. 3. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY OF LA QUINTA TO COOPERATE IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS Assistant City Manager -Management Services Plumlee presented a brief explanation of the purpose for this item. City Council Minutes 7 June 16, 2009 RESOLUTION NO. 2009-055 A RESOLUTION OF THE CITY OF LA QUINTA AUTHORIZING THE: CITY OF LA QUINTA, CALIFORNIA, TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS. IMOTION - It was moved by Council Members Henderson/Sniff to adopt the resolution as submitted. Motion carried unanimously. STUDY' SESSION -None REPORTS AND INFORMATIONAL ITEMS CVAG Transportation Committee -Council Member Henderson announced a train trip has been scheduled for June 17, 2009 to tour the rail transit systems; stated discussions on the five I-10 interchange projects continue. CVAG Public Safety Committee -Council Member Henderson gave attendance statistics for the local "Cool Centers." League of California Cities -Council Member Henderson reported SB 93 has been amended regarding the definition of blight and recommended a letter of support be sent by staff; stated a second take-of Redevelopment Agency funds is proposed for ERAF and staff is responding appropriately. She further reported AB 155 is moving forwarcl to prohibit cities from declaring bankruptcy without obtaining approval by the legislature; and announced the next Riverside Division meeting will be held in Norco on July 13, 2009. ~~~~~~~ All other reports were noted and filed. DEPARTMENT REPORTS -None MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Adolph reported he gave the welcoming address for the International Association of Bomb Technicians and Investigators and stated the event had more City Council Minutes 8 June 16, 2009 than 600 participants. He further reported the La Quinta Resort was 77% booked for the month of June 2009. Council Member Henderson noted the letter submitted by Johnson & Sedlack regarding request of notification of certain actions regarding environmental impacts was initiated because the City did not support an item presented to Riverside Local Agency Formation Commission (LAFCOI• Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER RESOLUTIONS UPHOLDING THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 2008-112 AND SITE DEVELOPMENT PERMIT 2008-905 FOR A 4,924 SOUARE-FOOT EXPRESS (SELF-SERVICE) CARWASH ON A .98 ACRE SITE LOCATED ON THE EAST SIDE OF WASHINGTON STREET 780± FEET NORTH OF FRED WAKING DRIVE. (APPLICANT: LESLIE LIPPICH, ARCHITECT AND ASSOCIATES, INC.). APPELLANTS: ARCHNA, LLC AND MAYER VILLA CAPRI, L.P. Principal Planner Sawa presented the staff report. In response to Mayor Adolph, City Attorney Jenson explained the City Council can make an independent determination on the issues brought up by the appeal. Mr. Leslie Lippich, Architect, stated the building layout has been flipped from the south side of the property to the north side of the property; the developer prefers the north side but either is acceptable. He stated there are City Council Minutes 9 June 16, 2009 no openings on the north side of the building for sound transfer to property rto the north. In response to Council Member Henderson, Mr. Lippich reviewed the location of the deceleration lane, and explained the easement has been dedicated to the City for street widening. The Mayor declared the PUBLIC HEARING OPEN at 7:19 p.m. fVlark Weber expressed safety and accessibility concerns; stated noi;>e is not an issue with this project and the northern portion of the building would actually provide a shield for any noise; rebutted the eight items appealed by Mayer Villa Capri; and expressed concern about there being one: point of entry to the project and the added egress with potential connectability. In response to Council Member Sniff, Mr. Weber stated he vvas not representing the Planning Commission, but was speaking as a clitizen and independently as a Commissioner. Emily Hemphill, representing Mayer Corporation, reviewed the cli:scussion regarding the grade differences for the egresses between the carwash and the Mayer Villa Capri project; stated acommon-area maintenance charge will be charged to the tenants if accessibility is allowed to the project; argued the architecture of the project is less cohesive with the Mayer Villa Capri project; Bind requested the condition of accessibility be deleted. Mayor Adolph stated there are no compatibility issues with the architecture of the surrounding developments; and asked if the grading issue can be rnodified. Public Works Director Jonasson stated it is possible to modify the grading between the two sites. Ms. Hemphill rebutted by stating the architecture of surrounding developments does not need to match as they will not share driveways; an extensive traffic study has been conducted for the Mayer Villa Capri property, and stated a secondary access creates an easement on private property; stated Mayer Villa Capri was unable to acquire the project property during the project planning, and has proceeded through the process in good faith with staff. C;hander Shakar questioned the site being an appropriate place for the carwash; and requested asix-foot-high wall to mitigate sound and pollution r;>sues. City Council Minutes 10 June 16, 2009 Council Member Evans asked about the location of the sound wall. Planning Director Johnson explained the wall will be installed on the north beginning 100 feet from the west property line to the eastern property line, and continuing south; and explained it will be constructed as a masonry sound wall. Brian Harnick, 45-025 Manitou, Indian Wells, attorney for the applicant, stated the access and safety concerns have been mitigated by the deceleration lane, and they are willing to address the grading issue if the City desires. He requested the City Council support the decision of the Planning Commission. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:53 p.m. In response to Council Member Franklin, Planning Director Johnson explained there are two separate appeals and appellants; clarified there is one issue of the Mayer Villa Capri appeal which is regarding the access driveway; stated the information provided by the applicant is within the noise levels allowed by the City and the addition of a sound wall will help mitigate the noise from the car wash; explained the grade difference is 5'7" and there is approximately 17 feet between the two properties; stated the developer has indicated the grading can be modified. Council Member Henderson noted each developer must address the water drainage on their individual sites. Public Works Director Jonasson further explained the applicant has indicated a willingness to provide underground drainage and a 100-year retention similar to the Mayer Corporation project. Council Member Sniff stated he supports the sound wall; and stated the carwash should not share a driveway with the Mayer Villa Capri project. He suggested removing Condition No. 107. Council Member Henderson asked why the sound wall stops just east of the west property line. Planning Director Johnson explained the sound wall was designed to address mitigation of the noise to the north property, and stated the wall could be stair-stepped to the property line. Council Member Henderson stated she believes there should be access between the two properties but the opportunity to implement that has passed, and she is challenged to require the Mayer Corporation to provide the access. She supports approving the appeal by the Mayer Corporation and removing Condition No. 107; and supports denying the appeal by Archna; she noted the sound wall condition is already in place. City Council Minutes 1 1 June 16. 2009 Council Member Evans conveyed agreement with comments rnade by Council Member Henderson; expressed concern about safety sand traffic impacts with one ingress and egress; and stated she supports approving the appeals. Mayor Adolph stated the sound will not affect property to the north. He (believes the Mayer Corporation is making a mistake by not allowing access to their property, expressed safety concerns about having only cne egress from the car wash. He further stated the site is not a good location for the project. RESOLUTION NO. 2009-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING ONE APPEAL AND DENYING ONE APPEAL OF THE PLANNING COMMISSION APPROVAL FOR AN EXPRESS CARWAS~HI USE IN THE COMMUNITY COMMERCIAL ZONE LOCATED ON THE WEST' SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED 1NARING DRIVE (APPLICANT: LESLIE LIPPICH ARCHITE(:lf AND ASSOCIATES). and RESOLUTION NO. 2009-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING ONE APPEAL, DENYING ONE APPEAL OF THE PLANNING COMMISSION APPROVAL, AND MODIFYING THE DEVELOPMENT PLANS FOR AN EXPRESS CARWASH LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WAKING DRIVE (APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES-. MOTION - It was moved by Council Members Henderson/Franklin 1:o adopt the resolutions as amended. Motion carried by a vote of 4-1, Mayor Adolph dissenting. City Council Minutes 7 2 June 1 6, 2009 ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. Respe ~ffully submitted, ~~~~ VERONICA J ONTECINO, City Clerk City of La Quinta, California