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