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2011 03 01 CC MinutesLA QUINTA CITY COUNCIL MINUTES MARCH 1, 2011 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Pro Tern Evans. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, ABSENT: Mayor Adolph MOTION - It was moved by Council Members Sniff /Franklin to excuse the absence of Mayor Adolph from this meeting. Motion carried unanimously. PUBLIC COMMENT - None CLOSED SESSION - None 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, THOMAS P. GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND /OR DISPOSITION OF REAL PROPERTIES LOCATED ON JEFFERSON STREET SOUTH OF WESTWARD HO DRIVE. APNs / PROPERTY OWNERS / NEGOTIATORS: 600 - 080 -041, SUPPER CLUB GOLF, JIM SNELLENBERGER; 600 - 070 -012, CHO -PARK, LLC, HANNAH PARK; AND 600 - 080 -001 THROUGH 009, CITY OF LA QUINTA, DOUGLAS R. EVANS. 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, THOMAS P. GENOVESE, 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 -047. PROPERTY OWNER / NEGOTIATOR: VIP MOTOR CARS, LTD., JERRY JOHNSON AND CITY OF LA QUINTA, DOUGLAS R. EVANS. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. City Council Minutes 2 March 1, 2011 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 Pro Tem Evans led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed - None PRESENTATIONS Johanna Wickman, Museum Manager, and Beth Foley, Manager of the La Quinta Library, presented the quarterly report. Council Member Henderson asked how the La Quinta Library ranks compared to other libraries within Riverside County. Library Manager Foley reported the La Quinta Library ranks third in circulation, with Palm Desert second, and Temecula ranking number one. City Manager Genovese noted that the Museum is also a successful venue funded by redevelopment funds. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff /Franklin to approve the City Council Minutes of February 15, 2011, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MARCH 1, 2011. City Council Minutes 3 March 1, 2011 2. APPROVAL TO EXCUSE COMMISSIONER ROBERT WRIGHT'S ABSENCE FROM THE FEBRUARY 17, 2011 HISTORIC PRESERVATION COMMISSION MEETING 3. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD ON MARCH 19, 2011 ON AVENIDA BERMUDAS (RESOLUTION NO. 2011 -013) 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO ATTEND THE 2011 CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION (CMTA) CONFERENCE APRIL 19 — 22, 2011 IN SAN DIEGO, CALIFORNIA 5. APPROVAL OF AN AUDITING SERVICES AGREEMENT WITH CPA FIRM LANCE, SOLL AND LUNGHARD, LLP 6. APPROVAL TO AWARD A CONTRACT TO MARINA LANDSCAPE, INC. TO CONSTRUCT THE MILES AVENUE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2010 -13 7. APPROVAL TO PURCHASE OF LOANS FROM THE CITY OF LA QUINTA DEVELOPER IMPACT FEE FUNDS 8. APPROVAL TO APPROPRIATE UNSPENT PROPOSITION 113 FUNDS FOR USE ON THE WASHINGTON STREET DUAL LEFT TURN LANES AT AVENUE 48 AND THE WASHINGTON STREET DEDICATED RIGHT TURN LANE AT EISENHOWER DRIVE, AND APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A WEBB ASSOCIATES FOR ADDITIONAL ENGINEERING SERVICES TO MODIFY THE SIGNAL AND RAISED MEDIAN AT THE INTERSECTION OF WASHINGTON STREET AND CALLE TAMPICO 9. APPROVAL OF AMENDMENT NO. 4 TO THE EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA, AND VIP MOTOR CARS, LTD., FOR PROPERTY LOCATED NEAR HIGHWAY 111 AND DUNE PALMS ROAD MOTION — It was moved by Council Members Sniff /Henderson to approve the Consent Calendar as recommended and with Item No. 3 being approved by RESOLUTION NOS, 2011 -013. Motion carried unanimously. City Council Minutes 4 March 1, 2011 BUSINESS SESSION 1. CONSIDERATION OF A LETTER TO RECEIVE A PIECE OF STEEL FROM THE PORT AUTHORITY OF NEW YORK Community Services Director Hylton presented the staff report. In response to Council Member Henderson, Boy Scout Andrew Davis explained the need for the letter of support from the City is to prove the local community is in support of the proposed project and the request is valid. Mayor Pro Tem Evans conveyed her support of the letter and the proposed Eagle Scout project. Council Member Franklin suggested Mr. Davis check if there is something available on Ebay or the internet, if the Port Authority is unable to provide a piece of steel. Council Member Henderson asked if Mr. Davis is requesting the letter in support or for the City to make the request. Mr. Davis stated both. Community Services Director Hylton clarified that the Port Authority requests that the letter be from the City to ensure support of the local agency. Council Member Sniff suggested the City send a letter in support of the project and Boy Scouts. MOTION - It was moved by Council Members Sniff /Franklin to approve the Letter to Receive a Piece of Steel from the Port Authority of New York. Motion carried unanimously. Mayor Pro Tem Evans requested Mr. Davis provide an update of the project when completed. STUDY SESSION — None REPORTS AND INFORMATIONAL ITEMS Coachella Valley Water District — Council Member Henderson stated she attended the meeting on behalf of the Mayor; reported discussion was made regarding a recharge facility and fee of $7 per acre foot, per year for four years to subsidize golf course water usage; various options will be reviewed regarding programs to participate in recharging; Imperial Irrigation District staff will be reporting back to City Council Minutes 5 March 1, 2011 the Water Committee on this issue; and she suggested two additional meetings be scheduled in addition to the annual meeting to be able to inform the community in advance. Palm Springs Desert Resort Communities Convention & Visitors Authority (CVA) — Mayor Pro Tem Evans reported there was discussion on whether the Joint Powers Authority (JPA) component, versus the Hospitality Industry and Business Council (HIBC), is in support or opposition of the detention center proposed by the County; a task force has been created with Supervisor Benoit and Ashley's office to call an independent study for compilation of the Environmental Impact Review information and presented to both parties; stated there is no question for the need of the detention center, but there is a question of the location; the CVA has received a commitment from Supervisors Benoit and Ashley's office to consider viable alternate locations if they do not cost more than the Whitewater location; and further reported County staff are scheduling to make presentations to each city in the Valley. Council Member Sniff asked if any of the other cities have taken a position. Mayor Pro Tern Evans explained Palm Springs, Cathedral City and Desert Hot Springs have supported the opposition; Rancho Mirage will be considering the matter this week, and it has yet to be reviewed by Indio. All other reports were noted and filed. DEPARTMENT REPORTS 7A. GENERAL PLAN UPDATE Council Member Franklin asked if the Griffin Ranch Estate will be rented out for an event with 1,500 people during the day and 300 at night. Planning Director Johnson confirmed and explained a Temporary Use Permit has been submitted by Tony Griffin and Moon Dance Events; stated they have a right to make an application and be reviewed by the Planning Commission at a public hearing. Council Member Henderson stated the Planning Commission's decision would not necessarily be brought before the Council, but could be called for consideration. Planning Director Johnson confirmed and explained any appeal that may be filed could be a challenge to schedule for review by the City Council prior to the event.. Council Member Henderson asked what the date of the event is. Planning Director Johnson stated the event is scheduled to be held on April 11, 12 and 13, 2011. City Council Minutes 6 March 1, 2011 Council Member Franklin conveyed her appreciation of allowing the applicant to go through the process, as opposed to being decided administratively. MAYOR AND COUNCIL MEMBERS' ITEMS - None Council Member Franklin stated she attended the unveiling of the Jacqueline Cochran portrait at the airport; and further stated the portrait was stunning. Mayor Pro Tern Evans stated she attended the Concours d'Elegance this last weekend at the La Quinta Resort and encountered many out -of -town visitors enjoying our perfect weather at the event. Council Member Henderson stated she attended an event at Old Town and noticed the La Quinta Resort & Club was busy with all the activity during this past weekend. Council recessed to the Housing Authority and the Redevelopment Agency, and to and until 7:00 P.M. 7.00 P_M_ PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.60.030 TO PERMIT REVIEW OF ALTERNATIVE FENCE MATERIALS NOT CURRENTLY IDENTIFIED IN THE CODE, AND SECTION 9.120.020 'TABLE OF PERMITTED USES' TO ADD THE SALE OF ELECTRIC GOLF CARTS AS A CONDITIONALLY PERMITTED USE IN THE GOLF COURSE ZONING DISTRICT Planning Director Johnson presented the staff report. City Council Minutes 7 March 1, 2011 Council Member Henderson asked if there is a way to make the code amendment specific to the proposed location. Planning Director Johnson explained there can be findings made to a specific request. Council Member Henderson asked if the amendment was to be approved, would it be considered spot- zoning. Planning Director Johnson stated it would not be considered spot- zoning, as this amendment is not for a specific piece of property, but for a specific use throughout the zoning district. Council Member Henderson referred to page 4 of the staff report and asked if there is anything that indicates the Planning Commission considered the amendment to permit review of alternate fence materials, and to conditionally permit electronic golf cart sales in golf cart zoning districts, and allowing the permit review process may create more work for staff to prepare for the Planning Commission. Planning Director Johnson explained staff is utilizing the permit review process which is administratively conducted by the Planning Director's recommendation; if there was merit to be considered by the Planning Commission, it would be presented to the Planning Commission as a Business Session item; and further explained since there is a variety in architecture of homes throughout the community, there may be metal fencing that is complimentary or consistent with a particular home, but the opposite could also occur. Council Member Henderson asked if there is currently a corrugated steel gate in the Cove. Planning Director Johnson confirmed and stated it is a permitted use for a gate. Council Member Sniff asked why both of these issues were presented in the same ordinance. Planning Director Johnson explained staff typically presents code amendments as a group two or three times a year to expedite the process. Council Member Henderson asked if the amendments are codified in the section that pertains to the subject. Planning Director Johnson explained the Code is updated twice a year and the changes will be codified in the appropriate section as indicated in the exhibit. Council Member Sniff express his concern of discussing both issues at one time and suggested this item be continued and be brought back separately for review. Council Member Henderson stated she does not have a problem with the process on how this matter was presented, as each item will be codified appropriately; but she does have a problem with the corrugated steel fencing, as there is nothing consistent between the fencing and the streetscape. City Council Minutes 8 March 1, 2011 Council Member Franklin stated that allowing corrugated steel fencing will create additional work for staff regarding maintenance, and conveyed concern of this type of fencing being installed haphazardly. In response to Council Member Franklin, Planning Director Johnson explained a Conditional Use Permit would have to be obtained by any of the golf course zone communities to sell golf carts; and stated there are a myriad of issues such as potential impacts of the surrounding area to deny a request. Council Member Franklin stated she would be more comfortable if future amendments to the Code be presented separately; and stated she is not in support of allowing alternative fencing and does not feel it is necessary to allow golf cart sales. Council Member Sniff suggested this item be returned back to staff and present the amendments separately. Council Member Henderson conveyed her concern of a golf cart business being established in the area proposed as it is not affiliated with the golf course, and there are traffic issues on Jefferson Street; and asked if a restaurant could be established in the area. Planning Director Johnson explained only golf course activity would be allowed. Mayor Pro Tem Evans asked if the current structure is affiliated with a golf course and if there are current code compliance issues. Planning Director Johnson stated the building was the original Indian Springs Clubhouse and if the amendment was approved, it would go through the Conditional Use Permit process and would have to identify all the improvement to be made and address the outstanding code compliance matters; and there is an extensive list of code compliance issues. Mayor Pro Tem Evans conveyed her concern of allowing this use when the current maintenance of the structure is not in compliant with City Codes at this time. Council Member Henderson stated there is no other use for the property if the building was removed. Planning Director Johnson stated staff is currently reviewing the General Plan and this matter has been discussed. Mayor Pro Tem Evans conveyed her concern of allowing steel fencing throughout the community. City Council Minutes 9 March 1, 2011 Council Member Henderson explained her support of the fencing style for the Amore' Italian Restaurant as it was part of the design and architecture of the building. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:24 p.m. There being no requests to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED at 7:24 p.m. Council Member Henderson stated she is in a quandary regarding this matter; and further stated there is an option of accenting the architecture of homes by using alternate materials on the gates. No action taken. ADJOURNMENT There being no further business, it was moved by Council Members Henderson /Franklin to adjourn. Motion carried unanimously. RespegVully VERONICAMONTECINO, City Clerk City of la uinta, California