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2011 08 02 CC MinutesLA QUINTA CITY COUNCIL MINUTES AUGUST 2, 2011 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 Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) (ONE MATTER) 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 Brian Bilhartz, 43400 Bordeaux Drive, Local Representative for Humana Insurance Company, stated the organization is looking forward to making their presence known in the community; and explained a scholarship program available to senior citizens. City Council Minutes 2 August 2, 2011 CONFIRMATION OF AGENDA City Manager Genovese requested Consent Calendar Item Nos. 4, 9 and 10 be considered separately due to potential conflicts of interests of certain Council Members. i it ANNOUNCEMENTS - None PRESENTATIONS Mr. Scott White, president' and CEO of the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) presented a 2011 Year -to- Date Summary for La Quinta and the Monthly Measure for June 2011. Council Member Henderson wished Mr. White well as the CVA redesigns the website. Council Member Franklin stated she is happy to have Mr. White in the Valley; pointed out on the Summary', for La Quinta, mistakenly lists Marketing /Economic Development Manager Manager Casillas as the Marketing Manager for the City of Indian Wells; requested the CVA contact the concierge service representative at the Jacqueline Cochran Airport to coordinate marketing efforts. Council Member Evans stated'] it has been a pleasure serving on the Joint Powers Authority with the CVA since Mr. White joined as CEO, and has taken ownership of the tourism industry. Council Member Sniff conveyed his concern on the over- emphasis on Palm Springs from the title of the organizations and suggested the title be shortened; stated spring time is the busiest tirri businesses not during the fall season, and spend their advertising dollars at the appropriate time. Mayor Adolph asked if Mr. White is involved with the development of the Thermal Raceway. Mr. White confirmed. Mayor Adolph pointed out an advertisement for the Raceway predominately promoted Palm Springs. WRITTEN COMMUNICATIONS - None City Council Minutes 3 August 2, 2011 APPROVAL OF MINUTES MOTION — It was moved by Council Members Henderson /Franklin to approve the City Council Minutes of July 19, 2011, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 2, 2011 2. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES FALL POLICY FORUM TO BE HELD SEPTEMBER 8 -10, 2011 IN NEW ORLEANS, LOUISIANA 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR PLANNING DIRECTOR TO ATTEND THE 2011 AMERICAN PLANNING ASSOCIATION ANNUAL CONFERENCE TO BE HELD SEPTEMBER 11 -14, 2011 IN SANTA BARBARA, CALIFORNIA 4. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 32683 -1, WASHINGTON PARK, WASHINGTON 111, LTD. 5. ACCEPTANCE OF ADAMS STREET, MILES AVENUE, AND DUNE PALMS ROAD SIGNAL INTERCONNECT PROJECT, PROJECT NO. 2009 -24, FEDERAL AID PROJECT NO. CML 5433 (010) 6. RATIFICATION OF DIRECTOR OF PUBLIC WORKS / CITY ENGINEER REJECTION OF BIDS AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS / CITY ENGINEER TO RE- ADVERTISE FOR BIDS THE WASHINGTON STREET IMPROVEMENTS AT EISENHOWER DRIVE AND CALLE TAMPICO, PROJECT NO. 2010 -09, AND TO AWARD THE CONTRACT 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP NO. 30092, PIAZZA SERENA, CADO LA QUINTA, LLC (RESOLUTION NO. 2011 -062) 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP NO. 30092, PIAZZA SERENA, CADO LA QUINTA, LLC (RESOLUTION NO. 2011 -063) 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP NO. 31627, RESIDENCE CLUB AT PGA WEST, NADADOR, LLC (RESOLUTION NO. 2011 -064) City Council Minutes 4 August 2, 2011 i 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP NO. 31627, RESIDENCE CLUB AT PGA WEST, NADADOR, LLC (RESOLUTION NO. 2011- 065) 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP NO. 31681 -3, ANDALUSIA, CORAL OPTION I, LLC (RESOLUTION NO. 2011 -066) 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP NO. 31681 -3, ANDALUSIA, CORAL OPTION I, LLC (RESOLUTION NO. 2011 -067) 13. AUTHORIZE THE CITY MANAGER TO FILE AN APPEAL OF THE DEPARTMENT OF FINANCE'S DETERMINATION PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194(b)(2)(L) I 14. APPROVAL TO EXCUSE COMMISSIONER ROBERT WILKINSON'S ABSENCE FROM THE JULY 26, 2011 PLANNING COMMISSION MEETING 15. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 491 OF THE CITY OF LA QUINTA DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE LA REDEVELOPMENT AGENCY 16. ADOPTION OF A RESOLUTION APPROVING THE RELOCATION PLAN FOR 78181 AVENIDA LA FONDA (APN 770 -125 -003), 78182 AVENIDA LA FONDA (APN 770 - 124 7007), AND 78153 MAIN STREET (APN 770 -124- 004) (RESOLUTION N0::2011 -068) 17. ADOPTION OF A RESOLUTION PURSUANT TO HEALTH & SAFETY CODE SECTION 33334.16, EXTENDING THE TIME PERIOD TO INITIATE THE DEVELOPMENT AND DISPOSITION OF THE FOLLOWING AFFORDABLE HOUSING PROPERTIES: APNs 600- 030 -002 THROUGH -005, -008, -009, DUNE PALMS / WESTWARD HO; APN 609- 040 -028, SOUTH OF WASHINGTON /HIDDEN � RIVER ROAD; APN 773 - 077 -014, SOUTHEAST CORNER OF AVENIDA MENDOZA AND AVENIDA MONTEZUMA (RESOLUTION NO. 2011 -069) MOTION - It was moved by Council Members Sniff /Evans to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 4, 9, and 10, and with Item Nos. 7, 8, 11, 12, 16 and 17 being City Council Minutes 5 August 2, 2011 approved by RESOLUTION NOS. 2011 -062, 2011 -063, and 2011 -066 through 2011 -069 respectively. Council Member Henderson stated she is conducting the second most repugnant act regarding Item No. 15. Motion carried unanimously. Council Member Evans abstained from Consent Calendar Item No. 4 due to a conflict of interest from the proximity of her residence. Item No. 4 MOTION - It was moved by Council Members Henderson /Franklin to approve the acceptance of onsite improvements associated with Parcel Map No. 32683 -1, Washington Park, Washington 111, LTD. Motion carried by a vote of 4 -0 -1, with Council Member Evans abstaining. Council Members Franklin and Mayor Adolph abstained from Consent Calendar Item Nos. 9 & 10 due to a conflict of interest from the proximity of their residences. Item No. 9 MOTION - It was moved by Council Members Henderson /Evans to adopt Resolution No. 2011-064 as submitted. Motion carried by a vote of 3 -0 -2, with Council Members Franklin and Mayor Adolph abstaining. Item Nn. in MOTION — It was moved by Council Members Henderson /Evans to adopt Resolution No. 2011-065 as submitted. Motion carried by a vote of 3 -0 -2, with Council Members Franklin and Mayor Adolph abstaining. BUSINESS SESSION 1. CONSIDERATION OF A TEMPORARY ART DONATION AND APPROVAL OF AN AGREEMENT FOR TEMPORARY LOAN OF ARTWORK WITH JOE OAKES Community Services Director Hylton presented the staff report. Mayor Adolph asked if the temporary art donation is covered by insurance for potential damages. Community Services Director Hylton confirmed and explained the art donation become a part of the library contents and is covered by the City insurance policy. City Council Minutes 6 August 2, 2011 Council Member Henderson stated there was discussion regarding prohibiting the selling of artwork when displayed on a temporary basis. Community Service Director Hylton explained the prices are not listed; only the name of the artist and a business card at the library is available for those interested in doing business with the artist. Council Member Henderson conveyed her concern of the potential problems with artists displaying their work to promote sales. Community Services Director Hylton assured; the Council the artwork will not be promoted for sale. City Attorney Jenson explained the clause in the agreement giving provision to sell the artwork is to ensure the piece remains on display during the course of the agreement. City Manager Genovese; stated the selling price is established for insurance purposes. Council Member Evans asked how many pieces are in the collection and why eleven pieces were suggested to be on display. Mr. Oakes explained eleven were determined to fill the space available, and there are over 30 pieces in the collection. Council Member Franklin asked if the City will provide the repair for the wall when the artwork is removed. Council Member Sniff stated the temporary display of artwork in the space provided is a potential display area to sell pieces; asked if the artist will be present to explain the',�pieces and announce a specific selling price; and conveyed his concern of the potential display of art for sale. Mr. Oakes stated it is an artist's intention to sell their work; any discussion to sell any art pieces should not take place at the library; and suggested the City provide areas for artists to show their work as citizens of La Quinta. Mayor Adolph asked when the last time a temporary art donation was displayed. Community Services Director Hylton stated it has only occurred once before about a year ago. Mayor Adolph conveyed his agreement with the comments made by Mr. Oakes; and asked how eleven pieces are going to be placed without cluttering the walls at the library. Community Services Director Hylton explained the artwork will be displayed down the corridor area. City Council Minutes 7 August 2, 2011 MOTION - It was moved by Council Members Evans /Franklin to approve a Temporary Art Donation and an Agreement for Temporary Loan of Artwork with Joe Oakes. Motion carried unanimously. 2. CONSIDERATION OF A REPRESENTATIVE FOR THE COACHELLA VALLEY ECONOMIC PARTNERSHIP BOARD OF DIRECTORS Economic Development /Housing Manager Powell presented the staff report. Council Member Sniff moved Economic Development /Housing Manager Powell be appointed as the Board Representative. Motion failed due to a lack of a second. Council Member Franklin stated that La Quinta is the only City in the Valley without an elected official appointed to the Board; stated the appointment would place staff in an awkward position; and volunteered to serve as the representative. Council Member Henderson conveyed her agreement with the comments made by Council Member Franklin. Council Member Evans agreed an elected official could provide better influence to the Board; and commended staff for serving on behalf of the City. Mayor Adolph discussed the background of the establishment of the Board; commended staff for serving on behalf of the Council; and conveyed his support of appointing Council Member Franklin. MOTION - It was moved by Council Members Sniff /Evans to select Council Member Franklin as the City of La Quinta Board Representative for the Coachella Valley Economic Partnership Board of Directors, and authorized the City Manager to designate a staff member as an alternate. Motion carried unanimously. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Franklin stated there hasn't been much activity to report. City Council Minutes 8 August 2, 2011 Council Member Henderson stated she had heard that the rates charged to the cities will increase with the "renewal of the contract. Council Member Franklin confirmed with the City Manager that the new rate takes effect in 2013 for La Quinta. Council Member Henderson stated there was discussion of certain cities not aware of the increase of fees. IID Energy Consumers' Advisory Committee - Council Member Franklin stated the Committee has been receiving: excellent reports from staff; the discussion of new transmission lines for Imperial and Coachella Valley, and want the ability to export energy as well as import. League of California Cities Council Member Henderson reported the Board adopted a pension policy that is explained in a report distributed to the Council before the meeting, and stated even though there is no pending legislation on the matter, the policy was established for staff to refer in the event of any potential legislation. Sunline Transit Agency /Sunline Services Group - Mayor Adolph reported the Board is conducting the annual appraisal of the General Manager, and the issue with taxi cabs continues. 9 All other reports were noted and filed. r DEPARTMENT REPORTS 4A. UPDATE ON WEED ABATEMENT POLICY Mayor Adolph requested an update on the issues with Mr. Knasiak. Building & Safety Director Butler explained staff identified the lots brought to staff's attention by Mr. Knasiak and one of the lots at the corner of Calle Rondo and Avenida Ultimo was found to be in violation of the criteria and a case was initiated; and stated staff reviewed the entire block area and found six additional lots in violation of the criteria. Mayor Adolph asked if Mr. Knasiak has been made aware of staff's actions. Building & Safety Director Butler confirmed and stated staff has notified Mr. Knasiak this matter was on the agenda for the City Council's review. 5A. UPDATE ON SAHARA MUSTARD City Council Minutes 9 August 2, 2011 Council Member Henderson thanked staff for the report and asked if staff continues to monitor the issue; informed staff there is a group of citizens that feel very strongly the Sahara Mustard Weed be specified in the Municipal Code; and stated she doesn't feel it is necessary to include it in the Code, and asked what is gained to specifying the Sahara Mustard Weed. City Attorney Jenson explained the specification in the Code would enable staff to deem properties as a public nuisance and prosecute property owners if they did not eliminate the weed. Council Member Henderson stated staff will conduct community meetings with the citizens; stated we are unable to stop the growth of the Sahara Mustard Weed. Council Member Evans stated the Sahara Mustard is a weed and the Code states "weeds" which encompasses all weeds. Council Member Henderson stated part of the challenge is that some other aspects include PM -10, ground cover, and blowing sand. MAYOR AND COUNCIL MEMBERS' ITEMS - None Council recessed to the Redevelopment Agency meeting and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS 1) CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) APPROVING A GENERAL PLAN AMENDMENT FOR THE LA QUINTA HOUSING ELEMENT UPDATE Planning Director Johnson presented the staff report. it i City Council Minutes j 10 August 2, 2011 Council Member Henderson asked what the highest zoning is and how many overlays were established to meet the demanding standards of the State. Planning Director Johnson explained there was reluctance from staff of some of the State mandates identifying increases of density that were unacceptable; the highest density is 16 units per acre in the High Density Residential Zoning District; staff proposed a density in the low 20 -unit range for a handful of properties so there would not be a need to up -zone a certain amount of acreage of properties in the community, and identified the opportunity to establish an overlay in the Village and Highway 111 retail corridor areas. n Council Member Henderson stated she had the opportunity to meet the Director of Housing and! Community Development and her influence did not make any impact, and conveyed her empathy of what staff has had to go through with this process. Planning Director Johnson stated there was some influence in enabling staff to meet with higher - positioned supervisors. i Council Member Franklin referred to page 6 of the staff report and asked if the census had any influence on the allocation amount. Planning Director Johnson explained staff Is anticipating through the SB 375 process which for the first time is requiring to taking into account of the transportation funding efforts, with a lower allocation anticipating the next round, the City hasn't grown as much or have as much property remaining, and with that combination, staff is anticipating a lower number. Council Member Henderson asked if staff anticipates the next update will be easier or faster. Planning Director Johnson stated he is not that optimistic the process will be easier or faster; stated it has been a difficult process; and stated staff is hopeful ,,the SB 375 process will provide a more realistic allocation to work with. ; The Mayor declared the PUBLIC HEARING OPEN at 7:10 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:10 p.m. 'NO: 2011 -070 City Council Minutes 11 August 2, 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMIPACT PREARED FOR GENERAL PLAN AMENDMENT 2008 -118 It was moved by Council Members Sniff /Evans to adopt Resolution No. 2011 -070 as submitted. Motion carried unanimously. RESOLUTION NO. 2011 -071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT UPDATING THE CITY'S HOUSING ELEMENT (CASE NO: GENERAL PLAN AMENDMENT 2008 -118, APPLICANT: CITY OF LA QUINTA) It was moved by Council Members Sniff /Evans to adopt Resolution No. 2011 -071 as submitted. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS 1) CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) APPROVING A TENTATIVE TRACT MAP FOR 11 LOTS ON 9.14 GROSS ACRES, LOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND AVENUE 51 (A.K.A. VISTA BONITA TRAIL). APPLICANT: PEDCOR COMMERCIAL DEVELOPMENT Planning Director Johnson presented the staff report. Council Member Henderson referred to Attachment 4 (photographs) second page, and asked if there is snow depicted in the photo. Planning Director Johnson stated it is not snow and appears to be a combination of dead vegetation and open dirt. The Mayor declared the PUBLIC HEARING OPEN at 7:16 p.m. David Turner, 77933 Las Palmas Road, Suite 101, Palm Desert, Coachella Valley Engineers, thanked staff for working with them to get through all the issues involved. Mayor Adolph stated the landscape plans are to scale, but the trees are not to scale. Mr. Turner stated he will inform the architect. City Council Minutes 12 August 2, 2011 There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:17 p.m. RESOLUTION NO. 2011 -072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIORNMENTAL IMPACT AND ASSOCIATED MITIGATION MONITORING PROGRAM (MMP) FOR TENTATIVE TRACT MAP 36279 (CASE NO: ENVIRONMENTAL ASSESSMENT 2010 -608, APPLICANT: PEDCOR COMMERCIAL DEVELOPMENT) It was moved by Council Members Henderson /Franklin to adopt Resolution No. 2011 -072 as submitted. Motion carried unanimously. RESOLUTION NO. 2011 -073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT MAP 36279, DIVING +9.14 ACRES INTO ELEVEN SINGLE - FAMILY LOTS ( PEDCOR COMMERCIAL DEVELOPMENT) i It was moved by Council Members Evans /Franklin to adopt Resolution No. 2011 -073 as submitted:; Motion carried unanimously. 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE LA QUINTA MUNICIPAL CODE SECTION 9.170 COMMUNICATION TOWERS AND EQUIPMENT; SECTION 9.40.040 TABLE OF PERMITTED USES; SECTION 9.60.080 SATELLITE DISH AND OTHER ANTENNAS; SECTION 9.80.040 TABLE OF '+ PERMITTED USES; SECTION 9.90.020 ROOF PROJECTIONS; SECTION 9.100.070 SATELLITE DISH AND OTHER ANTENNAS; AND SECTION 9.120.020 TABLE OF PERMITTED USES Planning Director Johnson presented the staff report. The Mayor declared the' PUBLIC HEARING OPEN at 7:22 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:22 p.m. It was moved by Council Members Sniff /Evans to take up Ordinance No. 492 by title and number only and waive further reading. Motion carried unanimously. i City Council Minutes 13 August 2, 2011 ORDINANCE NO. 492 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE TITLE 9.170 COMMUNICATION TOWERS AND EQUIPMENT, SECTION 9.40.040 TABLE OF PERMITTED USES, SECTION 9.60.080 SATELLITE DISH AND ANTENNAS, SECTION 9.80.040 TABLE OF PERMITTED USES, SECTION 9.90.020 ROOF PROJECTIONS, SECTION 9.100.070 SATELLITE DISH AND OTHER ANTENNAS, AND SECTION 9.120.020 TABLE OF PERMITTED USES It was moved by Council Members Sniff /Evans to introduce Ordinance No. 492 for first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None ADJOURNMENT There being no further business, it was moved by Council Members Sniff /Evans to adjourn. Motion carried unanimously. Respec ully submitted, *M494