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2011 12 20 CC MinutesLA QUINTA CITY COUNCIL MINUTES DECEMBER 20, 2011 A regular meeting of the La Quinta City Council was called to order at the hour of 4:00 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Mayor Adolph ABSENT: None Mayor Adolph led the audience in the Pledge of Allegiance. CLOSED SESSION — None PUBLIC COMMENT Kay Wolff, 77227 Calle Ensenada, urged the City Council to appoint a person who pledges they have no intention to run in the November 2012 election; encouraged the Council to dispel rumors of the preconceived decision of the appointment with as little as two votes of the Council; stated a majority of like- minded individuals on the City Council result in the lack of scrutiny of issues, diversity, conflicts of interest, and a closed approach to public input; and further stated it will not be too difficult for a new member to come up to speed on key issues if he /she is already familiar with them. In response to Council Member Henderson, City Attorney Jenson explained a majority of three affirmative votes is required to make the appointment to the City Council. Council Member Evans asked if the City Council is able to place any restrictions such as the one suggested. City Attorney Jenson stated the Council cannot make such a restriction, but can request it of the applicant. She further explained the Council cannot impose a restriction that is not enforceable. CONFIRMATION OF AGENDA — Confirmed ANNOUNCEMENTS — None City Council Minutes 2 December 20, 2011 PRESENTATIONS Mayor Adolph presented the 2011 B.E.S.T. National Public Works Award for La Quinta's National Public Works Week Celebration and Student Outreach Program to City staff and participating students. Stephanie Green and Andrea Carter, FG Creative, presented the Silver Davey Award for the City of La Quinta Smart Phone Application. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Evans /Henderson to approve the City Council Minutes of December 6, 2011, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 20, 2011 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2011 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2011 4. ADOPTION OF A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE PROGRAM (RESOLUTION NO. 2011 -097) 5. ACCEPTANCE OF A QUITCLAIM DEED FROM COSTCO WHOLESALE CORPORATION PURSUANT TO WHICH COSTCO WHOLESALE CORPORATION IS QUITCLAIMING ITS INTEREST IN A 1941 PIPELINE EASEMENT THAT IS NO LONGER IN USE IN ORDER TO ASSIST THE CITY CLEAR TITLE TO ITS ADJACENT PROPERTY 6. ACCEPTANCE OF HIGHWAY 111 MEDIAN ISLAND LANDSCAPE PROJECT, PROJECT 2009 -03 City Council Minutes 3 December 20, 2011 7. APPROVAL OF A GRANT DEED CONVEYING TITLE FOR THE PROPERTY LOCATED ON AVENIDA MONTEZUMA AND AVENIDA NAVARRO (APN 773 - 077 -013) FROM THE CITY OF LA QUINTA TO THE LA QUINTA HOUSING AUTHORITY 8. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY 9. ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA INDIAN GAMING SPECIAL DISTRIBUTION FUND 10. APPROVAL TO EXCUSE COMMITTEE MEMBER RICHARD GRAY'S ABSENCE FROM THE DECEMBER 14, 2011 ARCHITECTURAL AND LANDSCAPING COMMITTEE MEETING MOTION — It was moved by Council Members Evans /Franklin to approve the Consent Calendar as recommended and with Item No. 4 being approved by RESOLUTION NO. 2011 -097. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF PILLARS OF THE COMMUNITY NOMINATIONS Community Services Director Hylton presented the staff report. MOTION - It was moved by Council Members Henderson /Evans to approve the Pillars of the Community nominations of Barbara Irwin, Stanley Sniff and Thomas Genovese. Motion carried unanimously. 2. CONSIDERATION OF A RECIPIENT FOR THE 2012 SENIOR INSPIRATION AWARD PROGRAM Recreation Supervisor Calderon presented the staff report. MOTION - It was moved by Council Members Franklin /Evans to approve Ann Kosich as the recipient for the 2012 Senior Inspiration Award. Motion carried unanimously. 3. CONSIDERATION OF APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION City Clerk Montecino presented the staff report. City Council Minutes 4 December 20, 2011 Council Member Henderson conveyed her disappointment of Mr. Fitzpatrick withdrawing his application; and asked if the Commission can function with four members. Planning Director Johnson explained the appointment of Mr. Maevers would fulfill the requirement of two professional members on the Commission, and indicated the Commission is able to operate with four members. Council Member Henderson requested staff to have a dialogue with Mr. Fitzpatrick regarding his potential of serving on the Commission. Planning Director Johnson explained he has had a discussion with Mr. Fitzpatrick who indicated that he could better serve on the Architecture Landscape Review Committee or Planning Commission because of his profession in architecture. Applicant Kevin Maevers gave a brief presentation of his background and qualifications. MOTION - It was moved by Council Members Evans /Franklin to approve the appointment of Kevin Maevers as a professional member to the Historic Preservation Commission for the term to expire June 30, 2013. Motion carried unanimously. 4. CONSIDERATION OF THE IMPLEMENTATION OF THE INCREASED DEVELOPMENT IMPACT FEES FOR RESIDENTIAL DEVELOPMENT Public Works Director Jonasson presented the staff report. Council Member Henderson asked if staff is aware of other communities continuing to waive fees to encourage development.. Public Works Director Jonasson stated he is not aware of any other communities waiving fees, but does recall the City of Indio reducing their fees about a year ago, and the City of Desert Hot Springs had an issue with a lawsuit for raising their fees a few years ago. Council Member Franklin referred to page 3 and asked how the formula was derived for the proposed residential fee. Public Works Director Jonasson explained in 2007/2008 an update was conducted where all larger development should contribute, and that project total amount is divided amongst the single - family and commercial units that remain to be developed to derive the fee. He further explained the fee divided by the number of units raised the fee $3,200. Council Member Henderson clarified that the City hasn't changed the fees without first reaching a consensus with the Builders' Industry Association (BIA) and the Desert Valley Builders Association (DVBA), and there were no City Council Minutes 5 December 20, 2011 problems when the current fees were adopted. Public Works Director Jonasson confirmed. Mayor Adolph stated a discussion of what the neighboring cities have been charging would be beneficial and asked if any of the neighboring communities have raised their fees. Public Works Director Jonasson stated all other neighboring communities' fees are higher than La Quinta's current fees. Mayor Adolph conveyed his concern of implementing higher fees as it could deter development in the City due to the current economy, and suggested to defer until July 1, 2012. Council Member Henderson stated the City has revenue streams that are being hit hard by the economy; and conveyed her support of surveying the fee amounts of the neighboring cities and bring back to the Council in three months; stated the City will have to come to a point where we have to receive our revenue stream; and further stated she is unsure that raising fees would deter development especially if a developer would like to build in a city that has many amenities above and beyond other communities. Council Member Evans conveyed her support of comparing with neighboring cities; and stated the City is accumulating upwards of $1 million with deferring the fees, and need to plan for the upcoming budget process and would like to review the information from other cities. Council Member Franklin stated she supports deferring the fee for six months . and bring back a comparison of neighboring communities. MOTION - It was moved by Council Members Evans /Henderson to approve the deferment to the implementation of the increased DIF fees for residential development until July 1, 2012, and direct staff to analyze similar development fees at other local jurisdictions. Motion carried unanimously. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Coachella Valley Economic Partnership (CVEP) — Council Member Franklin reported an east valley business resource center will be opened in the City of Indio in 2012; and the marketing statement "the CV is the best place in the State to do business" has been adapted. City Council Minutes 6 December 20, 2011 CVAG Valley -Wide Homeless Committee - Council Member Franklin reported the Committee is requesting a lifetime representative from each city on World's Foundation Board, and explained Frank Blum was attending the meeting but could not continue; and explained the - City of La Quints was' bashed for breaking its commitment to participate in the formula of $103,000 per _year for ten years. She explained to the Committee that the City agreed to the formula but did not commit to participating. Council Member Franklin asked City Attorney Jenson if the City is in compliant with SB 2. City Attorney Jenson confirmed the City has designated the zoning solution for emergency and homeless shelters, and the full description is included in the Housing Element. Jacqueline Cochran Regional Airport Authority - Council Member Franklin reported the Authority has received positive feedback for this year's Air Show event and announced next year's event will be held on November 3, 2012; and further reported the Authority appointed Sam Torres as the Chair and Bill Cronin as the Vice Chair. Council Member Henderson stated she has been approached by small businesses regarding a utility assistance program that can be implemented, and asked Council Member Franklin if the Imperial Irrigation District (IID) Energy Consumers' Advisory Commission (ECAC) can have a discussion regarding an assistance program. Council Member Franklin confirmed and stated she will ask for the matter to be scheduled for a future ECAC meeting. Riverside County Transportation Commission (RCTC) - Council Member Henderson reported the West Valley group had not come together on an issue and the Commission received several pleadings, putting the Commission in the middle of the dispute. Council Member Evans commended Robert Teal for his report updates submitted to the Council regarding the activity of the Palm Springs Airport Commission. All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS City Council Minutes 7 December 20, 2011 Council Member Franklin stated she is also pleased with the report updates on the Palm Springs Airport Commission from Robert Teal. Council Member Henderson stated she has been approached by residents regarding enforcing traffic issues for bicyclists; and explained large groups of bicyclists ride through the Cove area and ignore the traffic laws. Mayor Adolph announced he was a guest on the KPSI Morning Show this morning and stated that Steve Kelly was very complimentary of the City of La Quinta. * * * * * * * * * * * * * Mayor Adolph stated he asked the Interim City Manager to send a thank you letter to the Cahuilla Band of Indians for their Gangs Task Force program grant. « « * « « * * * « * « ** Mayor Adolph stated the City has received several letters from Mr. Steve Cherry regarding televising the City Council meetings, and requested the Interim City Manager to look into the matter; and conveyed his concern of whether residents will watch. The City Council recessed to the Redevelopment Agency meeting and until 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS Mayor Adolph announced Public Hearing Items 1 and 2 will be heard simultaneously. 1. PUBLIC HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION TO VACATE A 535 - SQUARE -FOOT PORTION OF EISENHOWER DRIVE AND AVENIDA MONTEZUMA City Council Minutes 8 December 20, 2011 Principal. Planner Mogensen and Public Works Director Jonasson presented the staff report. Mayor Adolph asked if the design will be brought before the City Council upon approval at this public hearing. . Planning Director Johnson explained the applicant has received the Village Use Permit subject to the approval of the right -of -way vacation and development agreement, and clarified the design will not be brought before Council. The Mayor declared the PUBLIC HEARING OPEN at 7:07 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:07 p.m. Mayor Adolph conveyed his concern of the two -story building being close to the sidewalk as proposed. RESOLUTION NO. 2011 -098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 535 - SQUARE -FOOT PORTION OF EISENHOWER DRIVE AND AVENIDA MONTEZUMA It was moved by Council Members Henderson /Franklin to adopt Resolution No. 2011 -098 as submitted. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT 2011 -022 FOR PARKING MANAGEMENT, AS APPROVED UNDER VILLAGE USE PERMIT 2008 -042. APPLICANT: DR. KATHRYN CARLSON, VILLAGE PARK ANIMAL HOSPITAL (VPAH, LLC) Planning Director Johnson presented the staff report. The public hearing was held simultaneously with Public Hearing Item 1. It was moved by Council Members Henderson/Evans to take up Ordinance No. 495 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 495 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND VPAH, LLC (DEVELOPMENT AGREEMENT 2011 -22) City Council Minutes 9 December 20, 2011 It was moved by Council Members Henderson /Evans to introduce Ordinance No. 495 for first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None ADJOURNMENT There being no further business, it was moved by Council Members Evans /Franklin to adjourn. Motion carried unanimously. Respec Ily submitted, t City of La California