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2008 11 04 CC MinutesLA QUINTA CITY COUNCIL MINUTES NOVEMBER 4, 2008 A regular meeting of the La Quinta City Council was called to order at the hour of 3:30 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION (The closed session item listed below was incorrectly listed on the Redevelopment Agency agenda, and moved to the City Council agenda.) 1. 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 for the following: Property Owners/Negotiators: Turner Development - APN: 767-220-004; Majestic Ranch - APNs: 767-230-001, -002, and -003; Debonne Properties - APNs: 764-090-001, 764-130-003, 764-130-004, 764-130-006, and 767-360-009. Council Member Sniff commented on the need for closed session items to be listed on the proper agenda in the future. Council recessed to Closed Session and to and until the hour of 4:00 p.m. Qe00 P_M_ Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Mark Moran, 53-545 Avenida Cortez, expressed appreciation for Council Member Osborne's service on the City Council, and his understanding of the City's finances. City Council Minutes 2 November 4, 2008 Michelle Aleman, 52-685 Avenida Ramirez, Event Chair for Relay for Life, reported they had 3,000 participants, with 300 being cancer survivors, and raised 5162,000 from the event. She stated she is hopeful the event can be held at La Quinta High School again next year. CONFIRMATION OF AGENDA City Manager Genovese noted the closed session listed on the Redevelopment Agency agenda was a typographical error and should have been listed on the City Council agenda. City Attorney Jenson advised the item description was posted correctly. Mayor Adolph requested Consent Calendar Item No. 5 be moved to Business Session Item No. 4. ANNOUNCEMENTS -None PRESENTATIONS Steve Robbins, representing Coachella Valley Water District (CVWD), presented a brief overview of the proposed tiered water rate structure. Council Member Henderson asked if the District has considered a penalty for excessive water usage. Mr. Robbins stated the District tries to provide incentives to help residents be efficient with their water use. Council Member Kirk stated he is pleased notification will be sent out to residents in January as to what this program may mean to them, but asked how the District plans to let residents know what conservation methods they can do to reduce their water bill. Mr. Robbins explained a grading system has been established, which they hope will motivate residents to work toward a better grade. Council Member Kirk commented on the tiered rate system being one of the most sensitive systems established toward residents, and asked how the District will target households with the current staffing. Mr. Robbins explained the District will begin with a default system, and have an appeals process available. Council Member Kirk expressed appreciation for Mr. Robbins' efforts on this issue. Council Member Osborne also thanked Mr. Robbins for his efforts, and the partnership between the City and CVWD. City Council Minutes 3 November 4, 2008 Council Member Sniff asked how the base line is established, and addressed the nature and differences of the soil in this area. Mr. Robbins explained the base line will be established on real-time data and conditions; stated each parcel and the calculations vary as they are based on the type of soil and wind at each area in the City. Council Member Henderson referenced the recent efforts to reduce turf in golf courses, and asked if the success of the tier system will affect the formula used for reduction of turf. Mr. Robbins stated if the District resolves the overdraft of water use, the side issue of using too much water may be addressed. Council Member Henderson commented on pressures in the community to retain the aesthetic values in the Valley. Mr. Robbins explained the State may intervene if programs are not implemented to reduce water usage. Mayor Adolph stated both CVWD and Imperial Irrigation District (IID) have worked closely with the City to conserve resources and energy. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM JIM FOOTE, BUREAU OF LAND MANAGEMENT, DATED OCTOBER 24, 2008, REGARDING FUNDING OF A BRONZE PLAQUE AT THE FRED WOLFF BEAR CREEK NATURE PRESERVE. Council concurred to refer this matter to the Community Services Grant Request Program. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of October 21, 2008, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 4, 2008. 2. APPROVAL OF SECOND READING OF ORDINANCE NO. 460, APPROVING ZONE CHANGE 2008-137, A CHANGE OF ZONE FORA .32 ACRE CITY PARCEL FROM PARKS AND RECREATION TO TOURIST COMMERCIAL LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. City Council Minutes 4 November 4, 2008 3. APPROVAL OF SECOND READING OF ORDINANCE NO. 461, APPROVING ZONE CHANGE 2008-134, A CHANGE OF ZONE FOR AREAS IDENTIFIED AS AREA "A", AREA "B", AREA "C", AND AREA "D". 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31349, MOUNTAIN VIEW COUNTRY CLUB, TOLL CA V, L.P. (RESOLUTION NO. 2008-068) 5. SEE BUSINESS ITEM NO. 4. 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC. (RESOLUTION NO. 2008-069) 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31874-2, CARMELA, TAYLOR WOODROW HOMES, INC. (RESOLUTION NO. 2008-0701 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30092, PIAZZA SERENA, K. HOVNANIAN FORECASE HOMES, INC. (RESOLUTION NO. 2008-071) 9. APPROVAL OF A REQUEST FOR PROPOSALS FOR ON-CALL ENGINEERING PLAN CHECK SERVICES. 10. APPROVAL OF A REQUEST FOR PROPOSALS FOR ON-CALL ENGINEERING MAP CHECK SERVICES. 11. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL TRAFFIC ENGINEERING/TRANSPORTATION PLANNING SERVICES FOR THE DEVELOPMENT OF TRANSPORTATION SYSTEM MANAGEMENT (TSM-/TRANSPORTATION DEMAND MANAGEMENT (TDM) SOLUTIONS FOR THE WASHINGTON STREET AND HIGHWAY 111 COMMERCIAL CORRIDORS. MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and amended with the exception of Item No. 5 and with Item Nos. 4, 6, 7 and 8 being approved by RESOLUTION NOS. 2008-068 through 2008-071 respectively. Motion carried unanimously. City Council Minutes 5 November 4, 2008 BUSINESS SESSION 1. CONSIDERATION OF 2ND QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. Community Services Director Hylton presented the staff report. Council Member Henderson requested staff explain why three of the applications were denied. Community Services Director Hylton explained the request by the City of Palm Springs was denied because La Quinta will be holding its own Veteran's Day event; the Desert Aid Projects indicated they had already met their funding goal; and Palm Springs Women in Film had previously been funded in May of 2008. Mayor Adolph explained to the audience the process for awarding grant requests. MOTION - It was moved by Council Members Henderson/Osborne to approve the following Community Services Grants and Funding Requests: American Cancer Society-Relay for Life, 52,500; Ben Franklin Elementary School, S 1,000; CASA for Riverside County, Inc., S 1,000; Desert Cities Pop Warner Football and Cheer, 51,160; Eisenhower Medical Center-Desert Diabetes Club, 51,000; La Quinta High School Debate Team, 51,000; La Quinta High School-Mock Trial Team, 51,000; Palm Springs Cultural Center for Farmers Market, 53,500; and Soldiers Organized Services, 55,000. Motion carried unanimously. Tracey Scroggins, 77-800 Calle Tampico, a teacher from Ben Franklin Elementary School, expressed appreciation for the grant, and asked about the possibility of increasing it to half of their requested amount, which was 55,000. She indicated she would be reaching out to other organizations to fund the other half. Council Member Henderson stated the committee carefully considered each request when it made its recommendation. Mayor Adolph explained the grant fund budget has already been increased to accommodate additional funding needs. Council Member Osborne suggested Ms. Scroggins apply to the La Quinta Rotary for funding. City Council Minutes 6 November 4, 2008 2. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 11, CHAPTER 11.72 OF THE LA QUINTA MUNICIPAL CODE AND DECLARING CERTAIN VECTOR-BREEDING CONDITIONS A PUBLIC NUISANCE. Building & Safety Director Hartung presented the staff report. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 462 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.72 OF THE LA QUINTA MUNICIPAL CODE TO ADD CERTAIN VECTOR-RELATED CONDITIONS TO THE DEFINITION OF "PUBLIC NUISANCE." It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 462 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 3. CONSIDERATION OF AGEDA CAMARGO CODE COMPLIANCE CASE. City Attorney Jenson presented the staff report, and stated the court is holding Ms. Camargo's plea of no-contest in abeyance until the January 13`n court date. In considering various options, she stated staff could find no factual basis for the findings that would necessary to grant a variance to relieve Ms. Camargo's obligations under the code; the City Council may direct staff to initiate a code amendment to modify the Zoning Code that would allow similarly-situated units to not have a garage. She noted a building permit was never obtained for the garage conversion. It was therefore never a legal non-conforming use. The City cannot issue a building permit for it at this point in time because of the requirements of the Zoning Code. She stated it has never been the intent of the City Attorney's office for Ms. Camargo to serve jail time; Deputy City Attorney Noam Duzman and Ms. Camargo initially negotiated a monetary fine, but later Ms. Carmargo opted for jail time. She stated the City could ask the court to allow Ms. Camargo more time if she is taking steps to reach compliance, or if not, seek City Council Minutes 7 November 4, 2008 a court-ordered abatement that would allow the City to complete the necessary changes to bring the property into compliance. Additional options would be to ask the court to dismiss the action, which would set a bad precedent. City Attorney Jenson indicated that Mayor Adolph had asked about Ms. Camargo signing a hold harmless agreement to address any health safety concerns related to illegal garage conversions. City Attorney Jenson voiced concern about a hold harmless agreement being enforceable should a fire affect a neighboring property. She noted the City does not use age as a discriminatory factor in enforcing its City codes. Mayor Adolph commented on the need to verify that the electrical wiring in the garage conversion is in conformance to City code before asking the owner to sign a hold harmless agreement. He asked about placing a condition on the property that would require it to be brought back into compliance if ownership is changed. He feels compassion for the owner, but his main concern is safety. In response to Council Member Sniff, City Attorney Jenson explained there are two issues: 1) fire safety and issuance of a building permit; and 2) inconsistency with City zoning. She stated in order to issue a building permit, apost-construction inspection would be conducted to ensure that the improvements comply with Building and Fire Code requirements. She explained solving the Building Code issues would not create a legal use according to the Zoning Code. Council Member Sniff pointed out a discrepancy in the court minutes wherein it refers to the Deputy City Attorney as the Deputy District Attorney. He asked if staff has inspected the property for compliance to the code, to which Building & Safety Director Hartung responded, "No." Mayor Adolph noted it is difficult to check wiring and other improvements behind existing walls, and conveyed concern about having a hold harmless clause to release the City from liability. Council Member Sniff asked if an inspection can be done without destruction of the walls. Building & Safety Director Hartung explained there could be some destruction to check the header sizes where windows and doors were added. He stated the room is required to be heated to 72 degrees; the existing wall air conditioner may not meet that requirement, and there would be some fire safety concerns about use of a space heater. Council Member Osborne asked what would have to be done to issue a legal permit. City Attorney Jenson explained the Zoning Code would need to be amended to eliminate the requirement of a two-car garage. City Council Minutes 8 November 4, 2008 Mayor Adolph asked if certain conditions or exceptions can be established for particular situations. City Attorney Jenson stated exceptions to zoning requirements are normally related to the physical condition of the property as opposed to the occupant. Mayor Adolph further clarified his inquiry pertains to when the improvements were completed. City Attorney Jenson explained the City Council has the option to create a grandfather provision within the Zoning Code related to the age of homes. In response to Council Member Sniff, City Attorney Jenson confirmed a grandfather clause could be established, but it would require an amendment to the zoning code with review by the Planning Commission and City Council. Council Member Kirk stated he does not want to change the current zoning code, and expressed apprehension about creating a grandfather clause this long after incorporation. He feels abatement by the City to fix someone else's problems is inappropriate, and does not wish for Ms. Camargo to go to jail or pay a 53,000 fine. He stated although the current situation may present some risk of fire, it does not appear to be affecting a lot of people at this time, and there is much sympathy for Ms. Camargo's plight. He suggested dismissing the City's court efforts against Ms. Camargo in exchange for a covenant from her to bring the improvements up to code within five years, or upon title change; and further that it include a statement from her releasing the City of liability. He also suggested the City pay for the process. City Attorney Jenson stated the covenant, if Ms. Camargo agrees, could be made a settlement of the litigation with the court's approval. Council Member Henderson commented on how this has become an emotional issue resulting in bad public relations for the City through newspaper articles. She believes the Building & Safety Department is doing an excellent job as directed by the City Council to bring the Cove into a more-acceptable standard wherein property owners abide by rules and regulations. She conveyed concern about the potential for substandard conditions in the improvements completed over 30 years ago and the additional strain put upon those improvements over that period of time. She noted this issue has continued for 18 months, and commented on how the relatives have not stepped in to help bring the property into compliance. In response to Council Member Henderson, Building & Safety Director Hartung stated the area is 20 x 19 feet, and the City standard for atwo-car garage is 20 x 20 feet. Council Member Henderson noted the City has tried to settle this issue with Ms. Camargo, and yet The Desert Sun has suggested that the City Council Minutes 9 November 4, 2008 City is trying to harm her, and that is not true. She asked about the difference between enforcing a lien or a covenant, and City Attorney Jenson explained a lien would be on the tax rolls. Council Member Henderson referenced past situations where one resident had to remove a large expensive awning and another had to pay $14,000 to reduce the roof line on his house because of non-compliance with the code. She questioned the City Council setting a condition for this circumstance that is above and beyond what would be done for anyone else when there are ways this could have been fixed with support from Ms. Camargo's relatives. Building and Safety Director Hartung explained this is 1 out of 17 garage conversion cases currently being reviewed by Code Compliance, so there could be more requests for the same accommodation. He stated 40 successful conversions back to garages have been done over the last two years. Council Member Henderson stated she understood the court has set certain dates for staff to conduct inspections, but the homeowner has not allowed it. Building & Safety Director Hartung explained an inspection has been done, but not specifically for safety issues. Council Member Sniff commented on the need to find a solution, and suggested coming to an agreement that is reasonable and site specific. In order to move this issue forward, he supports determining if the improvements are safe for habitation, installing a smoke alarm, and not enforcing this issue for five years. Council Member Osborne stated it seems obvious after 2%: years, that Ms. Camargo does not want to revert the garage per the code. He referenced a need for the City to be a resource to help seniors get in compliance with the code. He expressed concern about doing a safety inspection without being able to see what was installed behind the walls, and would definitely agree with a hold harmless agreement. He suggested the City Council, now or in the future, look into establishing a matching fund, grant program to assist seniors in bringing their properties into compliance. He suggested giving Ms. Camargo a one to two-year extension, but also look at a senior home program to bring the property into compliance at some point in the future. He voiced concern with giving a five-year extension because other homeowners will come forward asking for an allowance. Mark Moran, 53-545 Avenida Cortez, encouraged the City Council to get to know Ms. Camargo, who has stated that she has not had a garage since City Council Minutes 10 November 4, 2008 1977. He stated a retired International Conference Building Officials ICBO building inspector has reviewed the area and determined that the wiring is safe; and stated Ms. Camargo has decided to withdraw her guilty statement, and ask for a jury trial. He has heard some good suggestions by the City Council, and agrees with establishing a program to help seniors. He has discovered there are over 300 conversion issues in the Cove, which the City can either pursue through court or work with the residents. He believes Ms. Camargo will work with the City if she can keep the garage conversion. Kristy Franklin, 81-060 Kingston Heath, spoke regarding Ms. Camargo's situation, and stated she understood the Housing Element allows the City Council to take houses on a case-by-case basis that were built prior to incorporation. She is opposed to any La Quinta resident being criminally prosecuted for code enforcement violations, and asked the City Council to address that issue. She encouraged the City Council to be compassionate with Ms. Camargo, who has been living in the house for over 30 years. Andrea Dooley, 54-700 Avenida Obregon, commented on the slanted publicity this issue has drawn, and encouraged the City Council not to issue a variance nor an amendment to the zoning code. She believes it would create chaos and decrease property values. She feels public safety is the key issue, and a fire caused by faulty wiring could quickly spread to neighboring homes. She commented on progress being made in the Cove to address code enforcement issues, and stated she would be disappointed to see that change. She stated this homeowner has disregarded the codes and laws that apply in this community. John Pena, 51-405 Calle Hueneme, stated he doubts this would be before the City Council today if it had not become a criminal prosecution. He believes the City Council can address this issue as a Charter City through a grandfather clause. He noted the Cove was established as a special residential zone because of the lot sizes and various types of buildings. He requested the City Council consider these issues on a case-by-case basis, dismiss the criminal prosecution, and pursue code enforcement issues in civil court in the future. Council Member Henderson asked staff to explain criminal vs. civil action. Building & Safety Director Hartung stated staff has not used civil action, except for an administrative citation process about ten years ago. Council Member Henderson stated she understands criminal action is handled in a more-timely manner. City Attorney Jenson explained civil cases take about five years because of the court's case load. She further explained the code stipulates that continued infractions are deemed as misdemeanors. Building & Safety Director Hartung confirmed that most cities in the Valley, and City Council Minutes 1 1 November 4, 2008 Statewide, pursue code enforcement cases through the criminal courts because of the back-log of cases in civil court. Council Member Sniff suggested considering a three-year extension of enforcement action, a hold harmless agreement, and a lien against the property.. MOTION - It was moved by Council Members Kirk/Sniff to direct the City Attorney and staff to approach Ms. Camargo, and with her concurrence, request modification of the Court order to allow staff to work with her to comply with the Zoning Code over the next three years, or sooner if the property changes ownership, conditioned on a basic safety inspection and installation of an operational smoke alarm, with the cost of the smoke alarm to be borne by the City; additionally that an item be placed on the agenda in early 2009 to discuss overall code compliance policies and procedures, including the criminal procedures. Council Member Henderson stated she will support the motion but is highly concerned about opening the door for additional issues. She suggested language be included that limits this from being broadened for other exemptions. City Attorney Jenson stated she envisions this being a settlement for a specific case. Council Member Kirk stated he hopes a discussion on code enforcement issues in early 2009 will fix this, but in the meantime does not recommend an amendment to the motion. Motion carried unanimously. Mayor Adolph stated he recently spoke to three different homeowners in the Cove that complimented staff for working with them to resolve their code enforcement issues. 4. CONSIDERATION OF ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, L.P. (RESOLUTION NO. 2008-069) (This item was moved from Consent Calendar Item No. 5.) Mayor Adolph voiced concern about the time extension for offsite improvements; and stated he is apprehensive about approving a time City Council Minutes 12 November 4, 2008 extension without any instruction to clean-up and stabilize undeveloped property. Council Member Osborne concurred, suggested giving them six months to clean up the property. Public Works Director Jonasson explained the extension is for installation of sidewalks, but staff can address the clean up issues with the developer; and stated a meeting has been scheduled with the developer to review the perimeter maintenance. Council Member Kirk suggested continuing this matter for 30 days to enable staff to work with the developer, and if the developer is not supportive of maintaining the perimeter, address this issue at that time. Motion - It was moved by Council Members Kirk/Osborne to continue this matter to December 2, 2008. Motion carried unanimously. STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS League of California Cities - Council Member Henderson encouraged the City Council to attend the League General Membership Meeting on November 10, 2008, at the Historic Train Depot in the City of Perris. Chamber of Commerce Workshop/Information Exchange Committee - Council Member Henderson reported five board members attended the meeting wherein they discussed the Biz Expo Night. They decided not to partner with other cities, but rather to hold it in La Quinta at the City picnic. They also discussed holding a mixer in the Civic Center Courtyard with tours of the Emergency Operations Center, and suggested opening it to the public during the Holiday Open House. IID Energy Consumer Advisory Committee -Council Member Osborne reported the Committee is looking at by-laws for the newly established committee, and will be receiving the proposed budget at their next meeting. Jacqueline Cochran Regional Airport Authority - Council Member Osborne reported the air show held last weekend was a great success. SunLine Transit Agency -Mayor Adolph stated Metro magazine listed SunLine as one of the top ten transportation agencies. City Council Minutes 13 November 4, 2008 All other reports were noted and filed. DEPARTMENT REPORTS -None MAYOR AND COUNCIL MEMBERS' ITEMS -None PUBLIC HEARINGS -None DUE TO THERE BE/NG NO PUBL/C HEAR/NGS, THE C/TY COUNC/L RECESSED, AND D/D NOT RECONVENE AT 7:00 P.M. ADJOURNMENT There being no further business, it was moved by Council Members Osborne/Sniff to adjourn. Motion carried unanimously. Respectfully submitted, VERONICA J. MONTECINO, City Clerk City of La Quinta, California