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2011 12 06 CC MinutesLA QUINTA CITY COUNCIL MINUTES DECEMBER 6, 2011 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 Evans, Franklin, Henderson, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION - None 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b), TITLE: INTERIM CITY MANAGER 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, JOHN M. FALCONER, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND /OR DISPOSITION OF CERTAIN REAL PROPERTY IDENTIFIED AS APN 600 - 020 -028. PROPERTY OWNER / NEGOTIATOR: CENTRE OF LA QUINTA PARTNERS, LLC / GARY COLLISTER Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4 :00 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 Leonard Wahlert, 81773 Contento, presented a training program to provide the knowledge and skills for residents to be involved in City government, and proposed the implementation of the program. City Council Minutes 2 December 6, 2011 CONFIRMATION OF AGENDA Acting City Manager Falconer announced a memorandum noting supplemental items for Consent Calendar Items 6 and 9, and Business Session Item 6 were distributed to the City Council. ANNOUNCEMENTS - None Jon McMillen, RSG Consultants, presented an award by the National Association of Home Builders Multi - Family Pillars of Industry for Vista Dunes Courtyard Homes. Council Member Henderson congratulated RSG Consultants and staff for their involvement in the project. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM WOMEN LEADERS FORUM OF THE COACHELLA VALLEY DATED NOVEMBER 15, 2011 Council Member Evans announced 'she and Council Members Franklin and Henderson are members of the Women Leaders Forum of the Coachella Valley. She explained the organization is asking for $500 sponsorship from each elected representative participating in a luncheon event to be allocated towards a scholarship program; and requested allocation of $500 from the Community Services Grant fund account. Council Member Henderson stated she is unsure whether she is a member but has attended,many of the events held by the organization; conveyed her opposition of allocating funds separate from the grant application process; and explained the Council would normally review the request through the grant process. Council Member Franklin stated she understands the need of the Women Leaders Forum of the Coachella Valley and. suggested the request be processed through the Community Services Grant program; stated the organization is a worthy cause; and asked if there are funds from another account than the grand fund account available. City Council Minutes 3 December 6, 2011 Acting City Manager Falconer explained there are funds available for these types of activities in the budget if staff is directed to issue a check to the organization prior to their event. Council Member Evans asked if the fund would be allocated from an account similarly to the allocation made to Martha's Village and the Coachella Valley Rescue Mission. Acting City Manager Falconer confirmed. Mayor Adolph stated this is no different than providing funding to Martha's Village and homeless center during the holidays to help meet their needs; and asked if it is within the authority of staff to do so at the direction of the Council. Acting City Manager Falconer explained the policy as set forth by adopting the annual budget provides the ability, to make budget amendments and can execute the request if directed by the City Council. Council Member Evans agreed with Council Member Henderson in not setting a precedent of not processing requests outside the grant program, but stated it is important to notify the organization in advance that the City of La Quinta will be represented at the luncheon event. Council Member Henderson stated this is different from other allocations to non - profit organization; is unsure that the City would be excluded if sponsorship is not provided; and conveyed her challenge of supporting the request. Council Member Franklin explained the organization cannot issue the scholarship after the event. Council Member Henderson stated that the organization must have an operating budget to provide the funding in anticipation of the sponsorships. Mayor Adolph stated $500 is a minimal amount and conveyed his support of allocating the funds from the Community Services Grant fund account. Acting City Manager Falconer stated staff will prepare a budget amendment and issue an emergency check in the amount of $500 to the Women Leaders Forum of the Coachella Valley. APPROVAL OF MINUTES MOTION — It was moved by Council Members Evans /Franklin to approve the City Council Minutes of November 1, 2011, as submitted. Motion carried unanimously. City Council Minutes 4 December 6, 2011 MOTION - It was moved by Council Members Franklin /Henderson to approve the Joint City Council /Redevelopment Agency Minutes of November 21, 2011, as submitted. Motion carried unanimously. CONSENT CALENDAR Counaff Member Evans announced she must recuse herself from Item No. 12 due to the potential conflict of interest because of the proximity of her residence of the project. 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 6, 2011 2. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 494 AMENDING TITLE 2 OF THE MUNICIPAL CODE TO REPEAL CHAPTER 2.75, CULTURAL ARTS COMMISSION AND AMEND CHAPTER 2.95, COMMUNITY SERVICES COMMISSION 3. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31874 -1, CARMELA, TAYLOR WOODROW HOMES, INC. 4. APPROVAL TO EXCUSE COMMISSIONER ROBERT WILKINSON'S ABSENCE FROM THE NOVEMBER 8, 2011 PLANNING COMMISSION MEETING 5. APPROVAL OF FISCAL YEAR 2010/2011 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT 6. APPROVAL OF FISCAL YEAR 2010/2011 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT 7. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $100,000 FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND S. ACCEPTANCE OF FISCAL YEAR 2010/2011 SLURRY SEAL PROGRAM, PROJECT NO. 2010 -15 9. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE AVENUE 50 PAVEMENT RECONSTRUCTION IMPROVEMENTS, PROJECT NO. 2011 -11 10. APPROVAL OF A CONTRACT FOR ANIMAL SHELTER SERVICES WITH THE COUNTY OF RIVERSIDE City Council Minutes 5 December 6, 2011 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID EVANS & ASSOCIATES TO PREPARE THE PLANS, SPECIFICATIONS & ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE FRED WARING DRIVE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2011 -04 12. ACCEPTANCE OF WASHINGTON STREET DRAINAGE IMPROVEMENTS PHASE 2, PROJECT NO. 2010 -08 13. APPROVAL OF AN APPROPRIATION FOR DEMOLITION OF THREE CITY - OWNED BUILDINGS LOCATED AT 78153 MAIN STREET (APN 770 -124- 004), 78182 AVENIDA LA FONDA (APN 770 - 124 -007) AND 78181 AVENIDA LA FONDA (APN 770 - 125 -003) MOTION — It was moved by Council Members Henderson /Evans to approve the Consent Calendar as recommended with the exception of Item No. 12. Motion carried unanimously. ITEM NO. 12 MOTION — It was moved by Council Members Henderson /Franklin to approve the acceptance of the Washington Street Drainage Improvements Phase 2, Project No. 2010 -08. Motion carried by a vote of 3 -0 -1 with Council Member Evans abstaining. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENT OF INTERIM CITY MANAGER AND APPROVAL OF CONTRACT WITH THE INTERIM CITY MANAGER City Attorney Jenson presented the staff report and announced the City Council has discussed the appointment to the Interim City Manager position and has offered the position to Mark Weiss. Mayor Adolph stated Mr. Weiss is a former employee of the City; is well - liked by staff; and is a good choice to fill in until a permanent city manager can be sought. Council Member Evans recognized Finance Director Falconer for filling in as Acting City Manager; stated Interim City Manager Weiss will benefit from his financial knowledge and will contribute towards the future success of the City. City Council Minutes 6 1 December 6, 2011 Council Member Henderson commended Finance Director Falconer for his service during an emotional time of this City and thanked him for his service; and stated she had previously discussed succession plans with Mr. Genovese who stated Mr. Weiss would be a benefit to the City. Council Member Franklin stated as a City we are very fortunate to have had Mr. Genovese as the City Manager and Mr. Falconer as the Finance Director; it will be difficult to fill the vacancy left by Mr. Genovese; and stated she also had a discussion with Mr. Genovese regarding succession of the City and he recommended Mr. Weiss to her also. MOTION - It was moved by Council Members Evans /Franklin to appoint Mark Weiss as the Interim City Manager; authorize the City Attorney to finalize the execution of a contract as agreed to by the Interim City Manager; authorize the Mayor to sign the contract; and finds the hiring of the candidate is necessary for a limited duration to fill a vacant position during the recruitment for a permanent appointment and is deemed appropriate because the position requires specialized skills held by the candidate pursuant to Government Code Section 21221(h). Motion carried unanimously. 2. CONSIDERATION OF AUTHORIZATION OF THE RELEASE OF A REQUEST FOR PROPOSALS FOR EXECUTIVE SEARCH FIRMS RELATIVE TO FILLING THE CITY MANAGER POSITION Acting City Manager Falconer presented the staff report. Mayor Adolph asked what the timetable for this appointment is. Acting City Manager Falconer stated it was explained to him that it would take about a month to get everything in order and another month to send out and receive responses, directing staff to bring back the responses for the Council's consideration in 60 days. MOTION - It was moved ty Council. Members Franklin /Henderson to authorize the Interim City Manager to: (1) prepare and issue a Request for Proposals (RFP) to executive search firms to assist the City in filling the position of City Manager; and (2) conduct an initial screening of the responses and present the top three firms to the City Council for interviews and selection. Motion carried unanimously. 3. CONSIDERATION OF CITY COUNCIL REORGANIZATION The staff report remained unchanged and on file in the City Clerk Department. City Council Minutes 7 December 6, 2011 MOTION — It was moved by Council Council Member Henderson to serve as provided by Resolution No. 2006 -115. Members Franklin /Evans to appoint Mayor Pro Tempore for a term as 4. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP / INFORMATION EXCHANGE COMMITTEE Economic Development /Housing Manager Powell presented the staff report. 5. 6. MOTION — It was moved by Council Members Evans /Henderson to select Council Member Franklin to serve on the Chamber of Commerce Workshop /Information Exchange Committee for three consecutive meetings. CONSIDERATION OF A CONTRACT EXTENSION WITH FG CREATIVE, INC. FOR PROFESSIONAL MARKETING SERVICES Marketing /Economic Development Manager Casillas presented the staff report. Stephanie Green, CEO, FG Creative, Inc., explained the organization had a name change due to the retirement of Mr. Frank Furino; reviewed staff changes and the addition of a Senior Public Relations Specialist; announced the organization is moving to larger offices to Palm Desert; stated FG Creative has achieved many awards during the course of the year for the City's iPhone app, campaign design and a radio spot; have instituted a business co -op program which continues to grow; have redesigned the City's tourism website and continues to update local information; continue to change the City calendar every year as well as the monthly newsletter; implemented new technology such as a Facebook page and pay - per -click internet opportunities; the public relations aspect has grown to include the museum and the Arts Festival; and announced new television spots will air soon. MOTION — It was moved by Council Members Evans /Franklin to authorize staff to negotiate an extension to the City of La Quinta's contract with FG Creative, Inc. for professional marketing services for a two -year contract with an additional one -year option. Motion carried unanimously. CONSIDERATION OF APPOINTMENT TO FILL CITY COUNCIL VACANCY AND ESTABLISHMENT OF PROCEDURES FOR SAME Mayor Adolph stated the City Council prefers to elect a member to the City Council rather than make an appointment, but because of economic City Council Minutes 8 December 6, 2011 situations and timing, it is not in the best interest of the City to conduct a special election; stated information from the County Registrar of Voters for the cost of holding a stand -alone polling place election would cost $72,000 and a stand -alone mail ballot election would cost $54,000, and less if consolidated with a regular election held in either April, March, June or November 2012; and conveyed his concern of paying the cost for a special election for the short term of the vacancy. City Attorney Jenson clarified that whether the City Council makes an appointment or hold a special election, the candidate would fill an unexpired term until November 2012. Acting City Manager Falconer presented the staff report. Council Member Henderson conveyed her support of making an appointment for this vacancy; referenced redevelopment as an important component and the decision from the Supreme Court will have a financial impact on the City; and stated it would behoove the City Council to go through the application and interview process for an appointment. Council Member Evans asked, in light of a Department Report regarding the cancellation of the January 3, 2012 meeting, what would be the timeline of advertising, accepting applications and interviews for an appointment to fill the vacancy. Mayor Adolph stated interviews and an appointment should be able to be conducted by the end of January to meet the 60 -day requirement. Council Member Evans stated the interviews and appointment would need to be held either on January 3 or 17, 2012. Council Member Franklin concurred with Mayor Adolph's comment regarding the expense of an election; and conveyed her support of continuing with the process of receiving applications with a minimum of 25 verified signatures. Council Member Henderson stated the City Council can set the date of interviews and appointment at the December 20, 2011 meeting. Council Member Evans asked if there is a. specific timeframe of advertising. City Clerk Montecino explained the only timeframe to consider is the preparation of the staff report and applications for the distribution of the agenda packet, and there is plenty of time to prepare for the January 17, 2012 meeting at this point. Phillip Werber, 55330 Avenida Martinez, conveyed his support of conducting an election; stated council members hold much importance in the decision - making for the City's future; have not heard an argument that cost is a City Council Minutes 9 December 6, 2011 factor in an election in the United States and as to why not to hold an election. Robert Sylk, 79675 Rancho Santa Margarita, conveyed that an election is required for this vacancy; requested the Finance Director further investigate the cost of holding a special election, and postpone a decision to receive additional financial costs; stated there are private vendors that can run an election for less cost; and stated the founding fathers would be proud if the Council would take the step of investigating less costly options to hold an election. Council Member Henderson explained that many are not aware of the vendor process because of the fear of the election process; stated she is not opposed to looking into a vendor option as a business item but not hastily to pacify a request; and stated there is a precedent in place where every vacancy in the past was filled by an appointment as each term was less than a year. Lucinda Robson, 53600 Avenida Juarez, expressed concerns of the appointment running as an incumbent and having an advantage if the incumbent ran in the next election; and suggested an agreement be made with the appointee to not run in the November 2012 election. Mayor Adolph asked if such a condition can be made. City Attorney Jenson explained that type of condition cannot be made as running for public office is one of the First Amendment activities. Council Member Henderson explained that the Election Code requires that an appointed incumbent must include "appointed" if choose to use incumbent as a designation. Kay Wolff, 77227 Calle Ensenada, conveyed support of appointee pledging to not run in the November 2012 election; and reviewed past vacancies made by appointment. Council Member Henderson stated when the Council makes good -faith deals in public they are still accused of having back -room decisions. Council Member Evans stated she understands the arguments of both supporters of making an appointment and holding an election; stated the same opportunity is available to those who wish to be considered to apply for appointment similarly to an election; and stated it takes many hours for a new Council Member to come up to speed with the issues of the City; the reason we are considering this issue because we lost Council Member Sniff City Council Minutes 10 December 6, 2011 and the City had a committed person with him; this is an emotional decision that we must make and the new person must work hard in teamwork to continue to make this a great community. Council Member Franklin stated everything is conducted in the open; running for office is open to anyone in the community; spend much time gaining the knowledge needed to make decisions; and conveyed her support to making an appointment of someone who would like to run for the next election because of the time and effort invested. Mayor Adolph agreed with the preference of electing members to the City Council, but due to economic and timing, an appointment would be more beneficial for the continuity of the City; and reiterated the two most important aspects of the City are fiscal responsibility and safety of the community. Council Member Henderson requested clarification of whether letters of interest or applications will be received. City Clerk Montecino explained letters of interests can be accepted, however, if the City Council wishes to have 25 verified signatures, staff recommends accepting applications for review. Mayor Adolph asked how soon the request for applications can be advertised. City Clerk Montecino stated the advertisement can be placed in the local newspaper at the direction of the City Council; and asked if the City Council wishes staff to prepare a staff report for December 20, 2011 meeting to consider scheduling interviews and making an appointment at a future meeting. The City Council concurred. City Attorney Jenson stated if the City Council wishes to consider a date for appointment at the December 20, 2011 meeting, the information would not be included in the advertisement; and expressed her concern of having a tie vote, and making a decision too close to the deadline of January 27, 2012. Council Member Henderson suggested holding a special meeting for interviews on January 10, 2012. Council Member Evans suggested holding the interviews and making the appointment at the January 3, 2012. Following discussion, the City Council concurred. MOTION - It was moved by Council Members Evans /Franklin to direct staff to advertise that the City is accepting applications, with 25 signatures of support from registered voters, of persons wishing to be considered to fill the unexpired term of the City Council vacancy, and to conduct interviews City Council Minutes 11 December.6, 2011 and make an appointment at the January 3, 2012 City Council meeting. Motion carried unanimously. STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resort Communities Convention & Visitors Authority (CVA) - Council Member Evans reported the Holiday Open House will be held Wednesday, December 7, 2011, from 6:00 to 9:00 p.m. Sunline Transit Agency / Sunline Services Group - Mayor Adolph reported the Executive Committee will hold a special meeting on Wednesday, December 7, 2011 to discuss taxicab services and stated the recommendation is to postpone a decision for a couple of weeks. CVAG Executive Committee - Mayor Adolph reported the Whitewater Trail System was approved and feasibility studies will be conducted to include golf carts; the Committee approved to disband the Human and Community Resources Committee; STIP funds for Jefferson Street /1 -10 interchange project was approved; discussion was held on obtaining funding for the Whitewater Trail System; and discussion of a new Burrtec waste dump off of Highway 86 was discussed, the Board expressed concerns of increased truck traffic, environmental issues and noise impacts, and the Board will not proceed until feedback on those issues has been received. All other reports were noted and filed. DEPARTMENT REPORTS 2. CITY ATTORNEY City Attorney Jenson announced she circulated a memo to the City Council reporting the City is currently litigation -free. 3A. JANUARY 3, 2012 CITY COUNCIL / REDEVELOPMENT AGENCY MEETINGS No action was taken. MAYOR AND COUNCIL MEMBERS' ITEMS - None City Council Minutes 12 December 6, 2011 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 Mayor Adolph announced Council Member Franklin is absent due to illness. PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CONSIDER A RESOLUTION ADDING CERTAIN ALTERNATIVE CONDITIONS OF APPROVAL TO FOUR TRACT MAPS ALLOWING THE DESIGN AND CONSTRUCTION OF RAISED MEDIANS IN LIEU OF TRAFFIC SIGNALS FOR TRACT MAP NOS. 25500 -4, 28603 -1, 28838 -1, AND 29147 -1, KSL LAND CORPORATION, AND APPROVING A CASH PAYMENT FOR REMAINING OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28960 Public Works Director Jonasson presented the staff report. MOTION - It was moved by Council Members Henderson /Evans to continue the public hearing to January 17, 2012. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2012/2013 Planning Director Johnson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:06 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:06 p.m. City Council Minutes 13 December 6, 2011 RESOLUTION NO. 2011 -096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2012/2013 It was moved by Council Members Henderson /Evans to adopt Resolution No. 2011 -096 as submitted. Motion carried unanimously. ADJOURNMENT There being no further business, it was moved by Council Members Evans /Henderson to adjourn. Motion carried unanimously. submitted, VERONICA JX City of La Quinta, VTECINO, City Clerk California