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2010 11 02 CC MinutesLA QUINTA CITY COUNCIL MINUTES NOVEMBER 2, 2010 City Clerk Montecino announced that the regular meeting of the La Quinta City Council would not be called to order until the hour of 4:00 p.m. due to lack of quorum. Mayor Adolph called the regular meeting to order at the hour of 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 David McGregor, a resident of the La Quinta Palms development, spoke regarding the widening of Fred Waring Drive; stated he supports the option of purchasing the homes on the north side of the street; distributed information to the City Council regarding the cost estimate of purchasing the homes at an approximate cost of S4 million; and stated purchasing the homes is less costly than building up the grade on Fred Waring Drive as proposed by the County of Riverside. Nancy Kever, 79-401 Horizon Palms Circle (also a resident of La Quinta Palms development), stated she submitted a petition today objecting to the three proposals presented by the County of Riverside for the widening of Fred Waring Drive. ~~~«~~ Mayor Adolph commended Council Members Henderson and Evans for their replies at the Chamber of Commerce Candidate's Forum and thanked them for their service to the city. CLOSED SESSION - None CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None City Council Minutes 2 November 2. 2010 PRESENTATIONS -None WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of October 19, 2010, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 2, 2010. 2. APPROVAL TO EXCUSE INVESTMENT ADVISORY BOARD MEMBER FRANK BLUM'S ABSENCE FROM THE NOVEMBER 9, 2010, JOINT MEETING WITH THE CITY COUNCIL AND THE NOVEMBER 10, 2010, INVESTMENT ADVISORY BOARD MEETING. 3. ACCEPTANCE OF LA QUINTA FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I CORPORATE YARD, PROJECT NO. 2007-08. 4. ACCEPT A QUITCLAIM DEED FROM COACHELLA VALLEY WATER DISTRICT FOR REAL PROPERTY IN THE WASHINGTON STREET RIGHT-OF- WAY - APN 770-010-013. 5. ADOPTION OF RESOLUTION TO 1) RECEIVE THE REDEVELOPMENT AGENCY'S REPORT TO THE CITY COUNCIL FOR THE PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2; AND 2) CONSENT TO A JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY. (RESOLUTION N0. 2010-065) MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and with Item No. 5 being approved by RESOLUTION NO. 2010-065. Motion carried unanimously. City Council Minutes 3 November 2, 2010 BUSINESS SESSION 1. CONSIDERATION OF TERMINATING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE BUILDING INDUSTRY ASSOCIATION-DESERT CHAPTER OF THE BUILDING INDUSTRY OF SOUTHERN CALIFORNIA, INC., RELATING TO SUBDIVISION IDENTIFICATION PROGRAM. Assistant City Manager-Development Services Evans presented the staff report. Council Member Sniff asked how an agreement is cancelled when the entity no longer exists and to whom is the notice given. City Attorney Jenson explained the Building Industry Association (BIA) is taking the position that they have subsumed the Desert Chapter, and staff is treating the agreement as if it exists out of caution; staff proposes to give a 30-day notice to keep the city in compliance with the agreement. She explained the notice would be sent to the last known address of the original entity and to the Riverside entity. Allan Levin, 78-768 Fisher Place, Palm Desert, Desert Valley Builder's Association (DVBA-, stated the Cities of Palm Desert and Palm Springs have terminated their agreements with the BIA and have entered into an agreement with DVBA; the BIA signs in those cities have been removed and the DVBA is in the process of fabricating new signs; the Cities of Cathedral City and Indio are also considering this matter; and stated the DVBA is well prepared and funded to proceed with replacement of the signs. Mark Norranga, Chief Officer of Building Industry Association-Riverside Chapter, expressed opposition to terminating the agreement; stated they have operated the sign system for over 20 years and have three dedicated employees to administer the program. He stated the Cities of Palm Desert and Palm Springs will have no directional signs for three weeks, and after conveying concern about the DVBA's ability to administer the program, the City of Palm Springs has decided to delay the program and continue with the current sign program. He requested the City Council not terminate the agreement. In response to Council Member Sniff, City Attorney Jenson explained the City Attorney's office has not conducted any research regarding the capabilities of either entity but can if Council desires. City Council Minutes 4 November 2, 2010 In response to Council Member Sniff, Assistant City Manager-Development Services Evans explained Mr. Norranga has indicated he represents the BIA- Desert Chapter and if termination of the agreement is approved, a notice will be given to both the BIA and the DVBA; both entities have indicated they are ready and capable to administer the sign program; and stated staff has not investigated financial ability of the DVBA. Council Member Henderson asked who originally installed and maintained the signs located in the City of La Quinta. Assistant City Manager-Development Services Evans confirmed the BIA-Desert Chapter installed and maintained the signs; many employees of the BIA-Desert Chapter are now employed with the DVBA and are the same employees who are ready and able to administer the sign program. Council Member Henderson stated there is no reason to believe the integrity of the employees who have administered the program for 18 years will change; stated the builders and developers will be the losers without the signs; and conveyed support for moving forward. MOTION - It was moved by Council Members Henderson/Franklin to direct the City Manager to provide a written 30-day termination notice to Building Industry Association-Riverside Chapter pursuant to the 1994 Building Industry Association-Desert Chapter Agreement and to request removal of all existing directional signage in accordance with the agreement Council Member Evans stated the focus on the localization and there is no concern of the quality or administration of the program; and conveyed support for the motion as it will provide local administration. Motion carried unanimously. 2. CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE DESERT VALLEY BUILDERS ASSOCIATION, A CALIFORNIA NON- PROFIT MUTUAL BENEFIT CORPORATION, FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS IN THE CITY OF LA QUINTA. Assistant City Manager-Development Services Evans presented the staff report. MOTION - It was moved by Council Members Henderson/Franklin to approve the Desert Valley Builders Association Agreement and direct the City Manager to execute the Agreement after expiration of the 30-day City Council Minutes 5 November 2, 2010 termination notice provided on the Building Industry Association-Desert Chapter Agreement. Motion carried unanimously. Mayor Adolph asked for the opinion of the Coachella Valley Water District (CVWD) regarding the new requirement of fire-suppression sprinklers for residential housing. Mr. Levin introduced Mark Johnson, Director of Engineering, (CVWD) and stated the CVWD is well aware of this new requirement and have been working on providing water for the sprinklers. Mayor Adolph asked if the new requirement will diversely affect low-income homeowners. Mr. Levin explained the requirement is mandated by the new State of California Building Code and applies across the board and not dependent upon per square footage of the house, but to a specific number of square footage and greater; explained the sprinklers are installed for life safety and not aproperty-saving device. Mayor Adolph asked what would happen if the city refuses to comply with the new code. Building & Safety Director Hartung stated the new code will take effect on January 1, 201 1 regardless of the city adopting the new code. Council Member Henderson stated the only argument that can be made is that the new code is mandated evenly. Mr. Levin explained there is no testing required for residential fire sprinklers. Mr. Johnson explained CVWD is still studying the effect to the organization; and the residential system only needs to cover the largest evacuation area of the house; CVWD must provide water to two sprinklers at 13 gallons per minute, plus 5 gallons per minute extra, with a total of 31 gallons per minute, per residence; fortunately CVWD provides a robust water system with pressure of 50 to 100 psi at street range, and typically a 60 to 70 psi range; continue to evaluate the service and meter size needed; may require a single check valve on the meter which may add $60 to the water bill, believe there will not be any additional surcharges; and there will be a dedicated line directly to the fire system. City Council Minutes 6 November 2, 2010 3. CONSIDERATION OF AN ORDINANCE REVISING TITLE 8 ENTITLED, "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING 2010 CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: ADMINISTRATIVE CODE, BUILDING CODE, RESIDENTIAL CODE, ELECTRICAL CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE, FIRE CODE, HISTORICAL BUILDING CODE, EXISTING BUILDING CODE, GREEN BUILDING STANDARDS CODE, AND REFERENCED STANDARDS CODE. Building & Safety Director Hartung presented the staff report. Council Member Evans asked if the new codes will apply to those projects approved but not completed. Building & Safety Director Hartung explained most developers have requested refunds of the cost of the building permit and any existing permits that are under the current code, and the new code will apply to those permits approved after January 1, 201 1. City Attorney Jenson explained a building permit is good for 180 days. Mayor Adolph asked if this information will be given to those permits given before January 1, 201 1. Building & Safety Director Hartung confirmed. In response to Council Member Sniff, Building & Safety Director Hartung explained the city is not mandated to adopt the codes, but they will still go into effect. City Attorney Jenson further explained they would go into effect without the small modifications the city desires based on local climate conditions as the law allows. Council Member Sniff asked about the Green Building Standards requirements and what the relationship is between the Green Building Standards Code and cap in trade. Building & Safety Hartung explained the Green Building Standards Code includes some of the requirements previously established for LEED buildings, recycling and garbage, toxic materials; and stated there are non-mandatory appendices in the Green Building Standards Code and staff is recommending only the mandated standards be adopted and nothing more. Council Member Evans stated from a liability standpoint, it would behoove the city to adopt the codes. City Attorney Jenson stated since the codes go into effect anyway, it could make the city vulnerable to claims for not carrying its statutory duty. In response to Council Member Sniff, Building & Safety Director Hartung explained the adoption of the new codes are not required, however, staff is City Council Minutes 7 November 2, 2010 recommending adoption of the new codes so the city does not lose the local climate amendments previously adopted which are stricter than the State code. Mayor Adolph stated the City is authorized to amend the code upon making findings that modifications are reasonably necessary because of local climatic, geological, or topographical conditions. Building & Safety Hartung stated the other cities in the Valley have made the same finding. Council Member Henderson noted it is easier to have tougher codes as opposed to more lenient. Council Member Sniff conveyed his non-support for "green." In response to Council Member Franklin, Building & Safety Director Hartung confirmed the new codes would not apply to additions and alterations to houses, as it pertains to sprinklers only, after January 1, 201 1 . MOTION - It was moved by Council Members Sniff/Evans to take up Ordinance No. 483 by title and number only and waive further reading Motion carried unanimously. ORDINANCE NO. 483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING TITLE 8 ENTITLED "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING 2070 CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: ADMINISTRATIVE CODE, BUILDING CODE, RESIDENTIAL CODE, ELECTRICAL CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE, FIRE CODE, HISTORICAL BUILDING CODE, EXISTING BUILDING CODE, GREEN BUILDING STANDARDS CODE, AND REFERENCED STANDARDS CODE. It was moved by Council Members Sniff/Evans to introduce Ordinance No. 483 on first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None City Council Minutes 8 November 2, 2010 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES -DISCLOSURE CATEGORIES) OF THE LA QUINTA MUNICIPAL CODE RELATIVE TO CONFLICT OF INTEREST CODE. There were no changes to the staff report as submitted and on file in the City Clerk Department. MOTION - It was moved by Council Members Sniff/Franklin to take up Ordinance No. 484 by title and number only and waive further reading Motion carried unanimously. ORDINANCE NO. 484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60, SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE. It was moved by Council Members Sniff/Franklin to introduce Ordinance No. 484 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 REPORTS AND INFORMATIONAL ITEMS Jacqueline Cochran Regional Airport Authority -Council Member Franklin reminded everyone that the air show will be held Saturday, November 6, 2010, beginning at 8:30 a.m. CVAG Homelessness Committee - Council Member Franklin reported the Committee continues to establish a foundation to provide funding for the Roy Wilson Resource Center. LAFCO -Council Member Henderson reported the Commission discussed waiving fees for the City of La Quints regarding CSA 150 and the elimination of an area City Council Minutes 9 November 2, 2010 that should have been included in the annexation application and agreed to waive only half of the fee. League of California Cities -Council Member Henderson stated there have been a lot of publication, radio advertisement, and Twitter announcements for Proposition 22. Palm Springs Desert Resort Communities Convention & Visitors Authority -Council Member Evans reported the new CEO, Scott Wright, has been seated and one of his specialties is the branding component; and with the upcoming final selection of the Coachella Valley Economic Partnership (CVEP) CEO, the Authority is looking forward to collaborating efforts for execution of the tourism component and the Blueprint. Chamber of Commerce Workshop/Information Exchange Committee - Council Member Evans commended the Chamber of Commerce for their organization of the Legislative Summit and the local Candidate's Forum; reported the Chamber has discussed signage for small businesses and improving communication between the city and businesses regarding concerns and potential sign changes; and discussed improving communication between new businesses and CVWD regarding fee changes. CVAG Executive Committee - Mayor Adolph reported the communication component of the 2010 Coachella Valley Railway Study has been amended to state "should CVAG ever consider creating any form of formal authority to address commuter passenger rail service into the Coachella Valley, CVAG will consult with Sunline Transit Agency." He further reported the Committee discussed forming a pre-parolee planning steering subcommittee to review options to assist re-entry of parolees to society. Council Member Henderson stated there is great enthusiasm from the Public Safety Committee for formation of the pre-parolee planning steering subcommittee. Mayor Adolph further explained when parolees are released from prison, they are given 5200 and a bus ticket back to where they were incarcerated. Sunline Transit Agency/Sunline Services Group - Mayor Adolph reported the Yellow Cab Company is bankrupt and another company is attempting to buy the company under another name. All other reports were noted and filed. City Council Minutes 10 November 2, 2010 DEPARTMENT REPORTS -None MAYOR AND COUNCIL MEMBERS' ITEMS 7. DISCUSSION REGARDING PURCHASE OF GAMBY QUAILS. Council Member Henderson stated the museum is exploring the purchase of Gamby Quails for the gift shop; and she requested additional Gambys be added to the order for promotional purposes. Mayor Adolph stated the city gave $500 each to Martha's Village and Coachella Valley Rescue Mission last year to help provide additional food for the holidays; and requested support to provide funds again this year. The City Council concurred to provide $1,000 each to Martha's Village and Coachella Valley Rescue Mission to cover the Thanksgiving and Christmas holidays. Mayor Adolph requested Jan Junken provide an update regarding on-site improvements at the Palo Verde development. Ms. Junken, presented photographs of the concrete circle island recently installed by Standard Pacific; addressed the incomplete medians and landscaping; stated Standard Pacific could not find the conduit for water and lights in the concrete circle; and explained Standard Pacific has changed the foliage of the landscaping for on-site improvements. In response to Mayor Adolph, she stated the concrete circle in the roundabout was installed three weeks ago. Public Works Director Jonasson noted that upon request for a third extension for on-site improvements, the City Council asked for the medians to be installed; staff reviewed the Subdivision Improvement Agreement for any requirement for the developer to provide landscaping in the medians and the agreement does not state landscaping will be provided; the medians are shown on two approved landscape plans but the city approved only one set of plans; explained the developer will be submitting the second set of landscape plans to the Planning Department for approval; staff has worked with the developer to install the landscaping to allow the developer to be released from the bonds. Council Member Franklin inquired about the status of the conduit. Public Works Director Jonasson explained the developer was to install conduits between the landscaping into the middle of the future roundabout; city inspectors were led to City Council Minutes 11 November 2, 2010 believe the conduits were installed but upon excavation, the conduit was not located; stated the developer is not relieved of any obligation to provide conduits to ensure the lighting or irrigation to the circles. In response to Council Member Evans, Public Works Director Jonasson confirmed the developer is not arguing the obligation to provide conduit; everything was to be installed by October 16, 2010 and the hardscape improvements are done, but the landscaping was a grey area since it was not listed as a bonded improvement. Council Member Franklin asked what will be done to ensure irrigation is provided to the landscaping. Public Works Director Jonasson explained there is an irrigation plan separate from the landscaping plan that must be followed. Mayor Adolph asked if the City Council can insist on a timeframe for the improvements to be done. Public Works Director Jonasson deferred to the City Attorney to address questions regarding the bond issue. Council Member Henderson asked if there is a sense of cooperation, to which Public Works Director Jonasson responded, "Yes." Council Member Henderson commented on the need to insist on a timeframe before the developer requests another extension. City Attorney Jenson explained staff has not prepared a complaint against the developer or called on the bonds; a Notice of Default has been sent and the developer has taken some steps and has a right to cure the problem. Council Member Henderson suggested staff report back on this issue at the December 7, 2010 City Council meeting. Mayor Adolph requested staff express the City Council's concern about the slow movement in completing the on-site improvements. Council Member Henderson expressed appreciation for the residents' concerns; and stated it is better to handle these issues by working with the developer, rather than call on the bonds and lose money invested. Council Member Evans stated the residents were expecting a certain type of landscaping and asked if the discrepancy is based on the two landscape plans. Public Works Director Jonasson stated he has been in contact with Mrs. Junken regarding the landscaping, and has not been able to determine which type of trees the residents prefer; and explained the developer is willing to provide either the Date Palm or other type of tree specified in the original landscape plan. City Council Minutes 12 November 2, 2010 Council Member Henderson asked if there are two different types of plans with different plants. Public Works Director Jonasson confirmed and explained the two plans have different plant palettes. Council Member Henderson asked if the developer has provided any other landscaping, and Public Works Director Jonasson stated the entry has been completed. In response to Mayor Adolph, Public Works Director Jonasson stated the second landscape plan has not been approved by the City Council. Council Member Evans stated the Historical Society held the "An Evening with the Stars" event at the Museum Courtyard on October 23, 2010, and it was a lovely evening. She added the city was promoted in the Palm Springs Life magazine. Council Member Sniff wished good luck to Council Members Evans, Henderson and Mayor Adolph on their elections for office. PUBLIC HEARINGS -None ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. Respectfylly submitted, G~ ~~ VERONICA J. TECINO, City Clerk City of La Quinta, California