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2012 11 06 CC MinutesCITY COUNCIL MINUTES TUESDAY, NOVEMBER 6, 2012 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 4:02 p.m. by Mayor Adolph. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT - NONE CONFIRMATION OF AGENDA - Confirmed PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to approve the City Council minutes of October 16, 2012 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 6, 2012 2. APPROVAL TO EXCUSE COMMISSIONER ROBERT WRIGHT'S ABSENCE FROM THE OCTOBER 23, 2012 PLANNING COMMISSION MEETING 3. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 503 APPROVING ZONE CHANGE 2011 -140, A CHANGE OF ZONE FOR A SINGLE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL FOR THE LA QUINTA RETIREMENT COMMUNITY CITY COUNCIL MINUTES 1 NOVEMBER 6, 2012 4. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 504 APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC 5. DENIAL OF CLAIM FOR DAMAGES FILED BY NOEL PEREZ; DATE OF LOSS OCTOBER 16, 2012 MOTION — A motion was made and seconded by Councilmembers Franklin /Evans to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1. CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 502 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM City Manager Spevacek presented the staff report, a copy of which is on file in the City Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Henderson /Evans to adopt Ordinance No. 502 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING, AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Motion passed unanimously. 2. CONSIDERATION OF RENAMING PARK AVENUE, NORTH OF AVENUE 50, IN MEMORY OF ANDY WILLIAMS Planning Director Johnson presented the staff report, which is on file in .the City Clerk's Office. In response to Councilmember Evans, Director Johnson said there would be no impact to the schools on that section of Park because their addresses are Avenue 50. Staff will contact the school district to offer them the option of readdressing the schools to Moon River Drive. Public Speaker: Jim Ducatte, CEO of the Girls' and Boys' Club — Mr. Ducatte spoke in support of renaming this section of Park Avenue to Moon River Drive. He CITY COUNCIL MINUTES 2 NOVEMBER 6, 2012 explained all the financial support Andy and Debbie Williams have provided the Club over the years. MOTION - A motion was made and seconded by Councilmembers Henderson/ Evans to rename Park Avenue to Moon River Drive along the section north of Avenue 50. Councilmember Henderson asked if Mr. Williams was honored on the monument in the Civic Center Campus, and if not requested that staff explore adding his name. STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS Coachella Valley Mountains Conservancy (CVMC) - Councilmember Franklin that the CVMC was one of three organizations that contributed to purchase 883 acres in the Big Morongo Upper Mission Creek Conservation Area which is in the Desert Hot Springs area. The purchase price was $6,000,180 and the CVMC's contribution was $2 million. She stated that it was a worthwhile purchase equaling about $7,000 per acre and provides a huge, contiguous public land parcel. Coachella Valley Association of Governments, Transportation Committee - Councilmember Henderson reported that the Committee affirmed and approved the TUMF agreement with the City of La Quinta, which will now go to the Executive Board for approval. League of California Cities - Councilmember Henderson reported that the League will be giving a presentation in Ontario on the morning of November 14`" Councilmember Henderson also reported that she will attend the second of two task force meetings tomorrow and results will go to the League Board the following week. Mayor Adolph reported that he attended the Sunline new learning center and stated that it is a beautiful, first class facility in Thousand Palms. DEPARTMENT REPORTS 1. CITY MANAGER City Manager Spevacek reported that the California Department of Finance (DOF) sent a letter to the City dated November 6, 2012 which stated that the DOF completed its review of the City's Low- and Moderate - Income Housing Fund Due Diligence Review (DDR). The DOF made no adjustments and concluded that there are no unencumbered fund balances available for distribution. The DOF letter CITY COUNCIL MINUTES 3 NOVEMBER 6, 2012 concluded by stating that the State Controller still has the authority to claw back assets inappropriately transferred and the DOF letter does not eliminate the Controller's authority. 2. CITY ATTORNEY — CALIFORNIA BIO -MASS INC. UPDATE Public Speaker: Fritz Bachli, La Quinta — Mr. Bachli supports the option to take formal action requesting the County to review the CUP for compliance. He said the odor is now causing mental stress and physical problems for many residents. Public Speaker: Eleanor Kooper, La Quinta — Ms. Kooper lives at Trilogy and said she is experiencing physical problems from the odor. Ms. Kooper read a letter dated October 30, 2012 from her physician, Jennifer Sarayba, M.D. of Rancho Mirage which she provided to the City Clerk who has it on file. Ms. Kooper said that she is the tip of the iceberg - many neighbors have allergies and health problem they never had before. She said that this facility cannot be allowed to remain open, and properly trained people who know how to correctly process this waste are needed. Public Speaker: Kathy Housel, La Quinta — Ms. Housel said it was hell living in Trilogy and Riverside County is non - responsive. She thanked City Attorney Jenson and Mayor Adolph for their assistance to residents, and urged the Council to take the next step because the County won't do it. Public Speaker: Ed Ehrich, La Quinta — Mr. Ehrich provided to the City Clerk documentation of 74 complaints about the odor made in August 2012. He said the grease trap waste odors continue and it has taken a toll on La Quinta citizens and has limited residents' ability to enjoy their property. He stated that the only solution was to shut them down. Mr. Ehrich requested that the City pursue legal action; seek an injunction to keep them from taking in the waste. He said the City should insist the County make Cal Bio Mass cooperate if it wants permits for another facility in Riverside County. Mayor Adolph stated that he does not want to be at cross purposes with what citizen groups are doing. Mr. Ehrich said no group will be doing .anything that conflict with City actions. 3. CITY CLERK — JANUARY 2013 CITY COUNCIL MEETING SCHEDULE City Clerk Maysels requested direction from Council regarding canceling or rescheduling the January 1, 2012 regular Council meeting. The consensus of Council was to reschedule the January 1, 2013 meeting to January 2, 2013. CITY COUNCIL MINUTES 4 1 NOVEMBER 6, 2012 MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Henderson said the evacuation routes for the Cove are limited. She asked staff to research stockpiling emergency supplies on a piece of property in the Cove for residents who cannot evacuate. There was a consensus of agreement by Council on this request. Councilmember Evans thanked Mayor Adolph for helping resident Nina Albor with the Sunline bus stop issue she brought to Council's attention at the October 16`" meeting. Councilmember Franklin said she spoke to Michael at Sunline about the platform Ms. Albor needed at the bus stop. Ms. Franklin said she was committed to doing a fundraiser for the $1,000 cost of installing a wheelchair platform at the bus stop if necessary. Councilmember Henderson suggested that the Rotary Club may contribute as they are interested in community projects such as this. Mayor Adolph acknowledged Lena Horne who just received a star on the Palm Springs. Walk of Fame. The Mayor noted that adding Ms. Horne was initiated by La Quinta residents. PUBLIC HEARINGS - NONE THE CITY COUNCIL RECESSED TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY AT 4:50 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:52 P.M. WITH MEMBERS PRESENT. CLOSED SESSION 1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (TWO MATTERS) 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND /OR DISPOSITION OF REAL PROPERTY LOCATED AT DUNE PALMS ROAD AND HIGHWAY 111 (APN 600- 020 -053). PROPERTY OWNERS/ NEGOTIATORS: DIRECT POINT ADVISORS, INC., MICHAEL HASTINGS THE CITY COUNCIL RECESSED TO CLOSED SESSION AT 4:53 P.M. CITY COUNCIL MINUTES 5 NOVEMBER 6, 2012 MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 5:22 P.M. WITH ALL MEMBERS PRESENT. Based on Council's Closed Session discussion regarding the California Bio Mass matter, City Attorney Jenson recommended that her office draft a letter to the Riverside County Department of Environmental Health, the County of Riverside, the State of- California, and the South Coast Air Quality Management District regarding the revocation of the County Conditional Use Permit (CUP) held by California Bio Mass. The letter will request that the County start the process for revocation of the CUP to abate this public nuisance as soon as possible. City /residents want action forthwith. Councilmember Evans requested that the County initiate a process for residents to document their health complaint related to this nuisance. MOTION - A motion was made and seconded by Councilmembers Evans /Osborne to approve the recommendation of the City Attorney as stated above. Motion passed unanimously. THE CITY COUNCIL RECESSED BACK INTO CLOSED SESSION TO DISCUSS THE REMAINING CLOSED SESSION ITEMS AT 5.25 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 5.51 P.M. WITH ALL MEMBERS PRESENT. City Attorney Jenson announced that the City Council took no action in closed session. ADJOURNMENT There being no further business, it was moved and seconded by Councilmembers Franklin /Evans to adjourn this meeting at 5:51 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 6 NOVEMBER 6, 2012