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2013 01 15 CC MinutesCITY COUNCIL MINUTES TUESDAY, JANUARY 15, 2013 A regular meeting of the La Quinta City Council was called to order at 4:01 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. CLOSED SESSION - None PUBLIC COMMENT Public Speaker: Dave Heckman, La Quinta - Mr. Heckman asked Council to keep code enforcement as one of its top priorities. He said the city has cut back on code personnel but suggests that it cut "chiefs in the office" and add officers on the ground. Mr. Heckman believes it is a safety issue and asks Council to be very aware and possibly make some staff adjustments to keep a high level of code enforcement. Public Speaker: Eleanor Kooper, La Quinta - Ms. Kooper thanked Council for their support in the fight against the horrific odors at Trilogy. Ms. Kooper wished to reiterate how horrible it is to live in a lovely community and be subjected almost daily to these odors. It is so overwhelming that she cannot be outside. One day it's a heavy perfumed, talc -type odor, then a burning smell with a bacon grease .overlay. AQMD verified the odor each time they come, which has been almost daily but residents are at a stalemate. She explained the health issues experienced from the odors and said she must leave her home for six weeks because it is not a suitable place to recover from upcoming surgery. She is worn down by the effort spent every day calling and meeting with County agencies and asks Council to see what they can do to rid this menace from her life. CONFIRMATION OF AGENDA Mayor Adolph asked City Manager Spevacek to provide an update on California Bio Mass under the Department Reports section of this agenda. Council concurred. CITY COUNCIL MINUTES 1 JANUARY 15, 2013 City Manager Spevacek recommended that Council discuss Business Session Item Nos. 2 and 3 together since they concern the same Tract Map 32789. Council concurred. Councilmember Osborne asked that Consent Calendar Item No. 5 be pulled for discussion. Council concurred. PRESENTATIONS - None WRITTEN COMMUNICATIONS — None APPROVAL OF MINUTES Councilmember Franklin corrected the spelling of Ms. Salamone's first name from Kristy to Christi. MOTION — A motion was made and seconded by Council Members Evans /Henderson to approve the minutes of January 2, 2013 with the above correction. Motion passed unanimously. CONSENT CALENDAR 1. SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT CREATING THE JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY 2. DEMAND REGISTER DATED JANUARY 15, 2013 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2012 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2012 4. OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING TO BE HELD JANUARY 18, 2013 IN SACRAMENTO, CALIFORNIA 5. Pulled for discussion > > > REQUEST FOR PROPOSALS FOR THE 2013 LA QUINTA HOUSING ELEMENT UPDATE 6. SINGLE AUDIT REPORT ON FEDERAL ASSISTANCE PROGRAMS AS OF JUNE 30, 2012 7. RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31681 -3, ANDALUSIA, CORAL OPTION I, LLC [Resolution 2013 -0041 CITY COUNCIL MINUTES 2 JANUARY 15, 2013 8. RECEIVE AND FILE TREASURER'S REPORT DATED NOVEMBER 30, 2012 Consent Calendar Item No. 1 — In response to Councilmember Henderson, Councilmember Franklin explained that the increase in membership fee from $10,000 to $12,500 covers the cost of the air show, which is now every other year in the Valley. In response to Mayor Adolph, Councilmember Franklin said she will suggest to the Airport Authority that non - member cities in the Coachella Valley be encouraged to join. MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to approve Consent Calendar Items 1 -4 and 6 -8 as recommended, with Item No. 7 adopting Resolution 2013 -004. Motion passed unanimously. BUSINESS SESSION 1. APPOINT A PROFESSIONAL MEMBER TO THE HISTORIC PRESERVATION COMMISSION City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office. Applicant: Paul Clark presented his background and reasons for applying to the Historic Preservation Commission. Applicant: Leila Namvar presented her background and reasons for applying to the Historic Preservation Commission. By roll call vote, Councilmembers made the following selections: Evans Leila Namvar Franklin Leila Namvar, first choice / Paul Clark, second choice Henderson Leila Namvar, first choice / Paul Clark, second choice Osborne Paul Clark Adolph Leila Namvar MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to appoint Leila Namvar as a professional member of the Historic Preservation Commission for a term of three years. Motion passed unanimously. 2. REQUEST TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32789, GRIFFIN RANCH, TRANS WEST HOUSING, INC. (Resolution 2013 -0051 CITY COUNCIL MINUTES 3 JANUARY 15, 2013 3. REQUEST TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32789, GRIFFIN RANCH, TRANS WEST HOUSING, INC. [Resolution 2013 -0061 Councilmember Franklin left the dais during discussion and vote on these items due to a possible conflict of interest based on the proximity of her residence to this project. Council concurred that Business Item Nos. 2 and 3 will be reported and voted on together. Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. Councilmember Osborne and Henderson said they would like to get a report back on this in six months. In response to Mayor Adolph, Director Jonasson said that there have been no complaints from neighbors regarding this property. City Attorney Jenson explained that a six -month delay will not affect the bonds; bonds remain in effect regardless of any transfer of the property to new owners. Mayor Adolph stated that his concern was protecting the surrounding homeowners. Public Speaker: Scott McFarren, Carlsbad, CA — Mr. McFarren said that he was representing the new owner of the property. It is an investment group made up of FDIC, Oak Tree Capital, Sabal Financial Group as well as other minor players. The new owners support the time extension. Mr. McFarren provided an update on the transactions including the property transfer and the settlement agreement. MOTION — A motion was made and seconded by Councilmembers Henderson /Evans to direct staff to monitor the situation on the onsite and offsite improvements to Tract 32789, and return to Council in six months with an update on this project. Motion passed 4 ayes, 0 nays, 1 absent (Councilmember Franklin left the dais during discussion and vote on these items.) REQUEST FOR PROPOSALS FOR THE 2013 LA QUINTA HOUSING ELEMENT UPDATE Planning Director Johnson presented the staff report, which is on file in the City Clerk's Office. Councilmember Osborne said that many of his questions have now been answered in that he realizes that although required unit numbers are going down, a big CITY COUNCIL MINUTES 4 JANUARY 15, 2013 change is the inclusion of the sphere of influence. He said this is another good reason to get the city's Sphere of Influence reduced. Mr. Osborne also said he now understands that this is not a task for the Housing Coordinator soon to be hired, but a planning task. He noted that getting the city's Regional Housing Needs Assessment (RHNA) number reduced by 4,000 would be a tremendous benefit to the city. In response to Councilmember Henderson, Director Johnson said that including the Sphere of Influence in the Housing Element will not increase the RHNA allocation because the allocation has already occurred. Director Johnson said that not meeting the deadline dates for filing the Housing Element will negatively affect the city in that the city would then have to account for the current allocation of 4,327 units rather than the revised amount of 364 units. In response to Councilmember Evans, Director Johnson said that consultants have always been used for this update as far as he knows, and the cost of the last one was approximately $90,000. Director Johnson said that a stall or delay by the State Housing and Community Development Department (HCD) once the city's Element was filed would not affect the ultimate certification date. In response to Councilmember Franklin, Director Johnson said that of the current 4,327 units allocated, the city has built out a bit more than half, not including the Coral Mountain apartment project that is underway. This does include both affordable and median - income units. Director Johnson explained that there is no carryover from cycle to cycle. Instead, the HCD takes into account the number of units completed, does its assessment, and determines the new allocation going forward. The new allocation would apply if the housing element is done in a timely manner. In response to Councilmember Osborne, Director Johnson said that land use policies adopted by the Vista Santa Rosa communities are not official and would not play into La Quinta's plan, rather, La Quinta's land use designations will be applied to that area. Public Speaker: Dave Heckman, La Quinta - Mr. Heckman asked Council to consider if they really need to hire an outside consultant, and if it's in the best interest of the city to spend $40,000 for this. He suggested that current city employees do this work in -house because it's less intensive than the 2008 update. Consultants would not have a leg up on staff regarding new laws because they have the same learning curve. He said it's time to ask the highly- educated and skilled, cream -of- the -crop employees to do the job for which they were hired. Mr. Heckman read the qualifications required of the Planning Director and stated that with the Director, the planning staff and the expertise of City Manager Spevacek, La Quinta has some of the best qualified personnel to complete this update. Mr. CITY COUNCIL MINUTES 5 JANUARY 15, 2013 Heckman asked Council to do this update in -house and save the taxpayers a large sum of money. City Manager Spevacek said that La Quinta staff has the wherewithal in term of intelligence to do this type of work in -house but the challenge comes with the recent reduction in planning staff and competing tasks. Councilmember Osborne said that he initially thought this could be done in- house, but the inclusion of the Sphere of Influence area is a tremendous addition and substantial change to the plan.. Councilmember Henderson pointed out that the reorganization plan developed over the past six months certainly never included any thought that consultants/ contractors would never be needed for specialty work. She said pulling Director Johnson and another Planner off line to put them on this project from February to October would result in serious neglect of the operation of the city. It is beneficial to the city to use consultants who have relationships with the State HCD — that's just a fact. It will benefit the citizens of La Quinta to bring the allocation number down and to get this done on time. Councilmember Evans explained that during surges in activity and development, the city has used contract staff as needed to avoid layoff when activity slowed. She expressed a desire to give the Planning Director the flexibility to negotiate directly with a qualified contractor to avoid any delays in completing this time - sensitive work. Director Johnson said the city has been served well by both consultants, Terra Nova and Planning Center. Negotiating an amendment to the current contract with Terra Nova would save six to seven weeks or more in the process. Councilmember Franklin said that the passage of SB244 makes it almost impossible to do this the way it should be done and meet the timeframe required. She believes the city has a better shot of completing it on time and getting it through the acceptance process with a qualified consultant. With the Sphere of Influence (SOP included in the scope, and measuring about half the size of the city area, she supports hiring a consultant. In response to Councilmember Osborne, Director Johnson said that the consultant Terra Nova, who is working on the city's General Plan, already has much of the background information at their disposal. City Manager Spevacek explained that the Planning Director's new tasks over the next several months include reviewing the city's code compliance program, conduct neighborhood meetings, review existing code regulations, and encourage more community involvement: in code compliance efforts, This is in addition to designing and launching a one -stop permit processing center. Mr. Spevacek said CITY COUNCIL MINUTES 6 JANUARY 15, 2013 that although there is qualified staff in- house, over the coming months, the department has committed to initiating new programs in addition to its routine planning duties. MOTION - A motion was made and seconded by Councilmembers Evans/ Henderson to directly negotiate with the two consultants, Terra Nova and The Planning Center, to select one and enter into a contract to provide the housing element update without doing a request for proposals. Motion passed unanimously. STUDY SESSION 1. SENIOR CENTER EXPANSION AND FACILITY RENOVATION Community Services Director Hylton presented the staff report, which is on file in the City Clerk's Office. City Manager Spevacek added that the concept plan prepared was donated to the city by Studio E Architects; no city funds were used. This architectural firm worked with the city on the Vista Dunes project, and is currently working with the city on the Washington Street Apartments project. In response to Councilmember Henderson, Director Hylton clarified that both the Development Impact Fee (DIF) funds and QUIMBY funds can only be used for a community center -type project. In addition, these funds must be used within five years and only for projects such as this. Ms. Hylton said that for this year, an example of a project utilizing these funds is the expansion of lighting at the Sports Complex. Staff is looking at all the ways these funds can be used in all areas of the community. Councilmember Henderson noted that these are all funds that came from development fees, which the developer passes on in the home purchase price resulting in new residents paying for the upgrade or expansion of community facilities needed for a growing community. Councilmember Franklin asked staff to take this opportunity to rename the Senior Center. Director Hylton said that when this project is brought back to Council, staff will include some name choices offered by the community. Ms. Franklin said she prefers a community naming contest be held. Regarding the conceptual plan, Councilmember Franklin said that showers and lockers are a waste of space and money because they will not be used. Ms. Hylton said that in designing for the future, staff wants to be thoughtful about the changing community, changing retirees and how they might use the facility differently. She said that no changes to the offices are anticipated but the reception area has been expanded out for good visibility down the corridor. The staffing will remain the same after the Center is expanded. CITY COUNCIL MINUTES 7 JANUARY 15, 2013 Councilmember Osborne asked staff to reassess the need for the showers and lockers because he doesn't believe they will be used. In response to Councilmember Osborne, Director Hylton explained that the $2 million estimated budget is for construction of the addition and remodel of the existing facility only, it does not include equipment. Mr. Osborne said that this estimate of $408 per square foot is awfully high and should come down substantially when competitive bids come in. Ms. Hylton explained that the facility is not for seniors only and is currently used by residents of all ages both during the day and in the evening. Mr. Osborne encouraged staff to take any opportunity to partner with the Desert Recreation District. Ms. Hylton said that the current membership is 1,600 or more and a membership fee of $50 per year is in the realm of what is being charged in the area. In response to Councilmember Evans, Director Hylton said that she believes there is need for both the existing Desert Recreation District facility and this expansion. She said that it may be possible for these facilities to share staff. Christina Calderon, Senior Center Recreation Supervisor, said that the Friends of the La Quinta Senior Center, a non - profit organization, does not collect dues but they do accept donations, which have been used for luncheons, furniture and other needs of the facility. Ms. Hylton explained that staff continuously surveys the facilities and programs offered by other cities to ensure that La Quinta remains relevant, and incorporates the best design elements into the expansion. Ms. Evans said it was important to revitalize this facility and at the same time to reexamine the monument /directional signs for the entire civic center campus. Ms. Evans said the Humana component should be pursued but for them to be interested, it must be multi - generational, encompassing the entire family. Councilmember Franklin suggested that community gardens be included in the design. Mayor Adolph noted that Council was supportive of moving forward on this project, and Councilmembers directed staff to move forward and restated that no General Fund money would be used, and the funds available are use- it -or- lose -it. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Councilmember Franklin reported that the Commission is striving for a 90% no -kill shelter. A member of the Torres Martinez tribe attended and explained that dogs are-being deserted on reservation territory due to the restriction on residents moving from Duroville Mobile Home Park to Mountain View Estates. Ms. Franklin explained that the County cannot go onto reservation land to capture or rescue the dogs unless the Tribe grants permission. Last year Animal Samaritans, working in conjunction with the shelter, gave free CITY COUNCIL MINUTES 8 JANUARY 15, 2013 vaccinations to 37,000 animals. Bob Miller, Director of Animal Services, is working to get the shelter repaired. He is looking for groups to adopt different rooms or sections to fund repairs. IID- Energy Consumers' Advisory Committee - Councilmember Osborne reported that the IID Board voted to pull from reserves instead of raising rates. The added costs for infrastructure, modernization and renewable energy will be drawn from reserves for now, but a substantial increase in rates can be expected in the next five years. Mr. Osborne said mobile substations will be available in the future for emergencies or temporary energy. Lastly, he said that copper theft is a major problem and IID asks that La Quinta remain vigilant. CVAG Transportation Committee - Councilmember Henderson reported that they discussed bike - sharing programs. The TUMF ad hoc committee will be reviewing language in the Agreement to encourage cities to stay in and if they pull out, parameters for rejoining will be set. CVAG Public Safety Committee - Councilmember Henderson reported on the results of the Ad Hoc Committee formed to review different area safety programs. The result was a recommendation to (1) request from each jurisdiction a 01,500 contribution to assist Shelter from the Storm and the Coachella Valley Sexual Assault Services Program (CVSASP) with transportation for clients, with CVAG managing the disbursement of the funds; (2) encourage more communication between the three school districts and the agencies noted in #1 relative to violence and sexual assault issues, and (3) direct CVAG staff to assist CVSASP with access to resources, including the County, for office space in the eastern Coachella Valley. Ms. Henderson said she does not think CVAG should become a funding or grant distributor because this will be the first of thousands of requests. Ms. Henderson did not support the recommendation but it passed and will go on to the CVAG Executive Committee. If approved there, it will go to each city to approve and include in their budgets. League of California Cities, Regional Division - Councilmember Henderson reported that the state budget was presented at the last meeting. Also discussed were the proposed multi -year advocacy strategies to protect local control. Ms. Henderson will present any comments from Councilmembers at the February meeting. CVAG Conservation Commission - Councilmember Evans reported that the Commission is buying land, entering into maintenance agreements including one for the Morongo Trail. Regarding the Bump & Grind hiking trail, AB 880 went into effect January 1, 2013 with use subject to Fish & Game Department parameters. Ms. Evans said CVAG will use grant money to satisfy Fish & Game requirements, which will cost less than $20,000. CITY COUNCIL MINUTES 9 JANUARY 15, 2013 CVAG Energy & Environmental Resources Committee — Councilmember Evans reported that a semi - annual review of goals and objectives was done, which includes many elements. Ms. Evans will push to ensure that it is consistent with La Quints's General Plan update once it's adopted. CVAG Plug -In Electric Vehicle Commission — Councilmember Evans reported that another presentation was given on these vehicles and the role that cities would have to play. She said it would be an opportunity for private business down the road. Chamber of Commerce Info Exchange Committee — Councilmember Evans reported that the discussion centered on the reorganization of the city, how to engage the Chamber, how to use the GEM newsletter to inform the community that service levels will be maintained, and how to use the new GoRequest app. She suggested that the Mayor's State of the' City Address in'February be used to talk about the new shape of the city. Upcoming events include the car show on January 27"' and Taste of La Quinta on February 23r Ms. Evans reported that the Chamber is very supportive of the Council's decision regarding the service delivery option report. DEPARTMENT REPORTS CALIFORNIA BIO MASS City Manager Spevacek reported that a letter was sent to Supervisor Benoit about two weeks ago stating that it was time for the County to take action. Mr. Spevacek will be meeting with the City Attorney and Planning Director tomorrow to plan the city's next step, which will include convening a meeting with residents of Trilogy to outline the activities the city can do and the timeframe for those activities. They will convey that staff understands the problem and explain the challenges in not having jurisdiction or authority to pull Cal Bio Mass' permit.. If political means cannot get the County to act, the city's option is to file a suit against the county to require it to revoke the permit. This route would not see results there for six to eight months. Mayor Adolph said Supervisor Benoit informed him that he turned the city's letter over to the county attorneys, and when asked his thoughts on the matter, Mr. Benoit was non - responsive. There has been no communication since. Mayor Adolph said he sees that the county is taking no action to mitigate the problem so the city must do whatever is necessary to bring relief to its citizens. Councilmember Evans reported on her conversation with Supervisor Benoit. Mr. Benoit told her that county counsel is reviewing the issue, and that revoking the permit takes time. Ms. Evans asked the Supervisor to begin the process of revoking the permit and in the meantime to enforce corrections of the violations the company has received. Although every solution takes time, she said the sooner the CITY COUNCIL MINUTES 10 JANUARY 15, 2013 city or county starts, the sooner residents are protected. Ms. Evans said the health complaints residents have are a great concern now and may be something that comes up for years to come. City Manager Spevacek said that Council and staff have had discussions at the political level for six to eight months without resolution so the next step is to file a lawsuit. City Attorney Jenson said she will be calling the County Attorney office to find out the status and the attorney assigned to it. She said that another avenue may be to file a public nuisance action against the property owner but there are exemptions that may apply to a permitted activity. Her office has also been in contact with the AOMD attorney to track action on their part as well. Councilmember Osborne suggested that all 'possibilities be exhausted before the city discusses filing a lawsuit. Councilmember Evans suggested that the city request Supervisor Benoit's office provide an in- person, monthly update to residents at a City Council meeting so that the County faces the reality of the situation. Councilmember Osborne said it was interesting that the city and residents have to press state agencies to enforce their own rules. POINT HAPPY PROJECT City Attorney Jenson reported that she has had little luck in any further discussions with the Point Happy bond company so the action against the bond company has been filed. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Franklin reported on her meeting with the EDA regarding the Salton Sea and said that for the first time, there seems to be a solid plan. COUNCIL RECESSED AT 6:24 P.M. TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, FOLLOWED BY THE LA QUINTA FINANCING AUTHORITY AND THE LA QUINTA HOUSING AUTHORITY MEETINGS COUNCIL RECONVENED THE CITY COUNCIL MEETING AT 7:02 P.M. WITH ALL MEMBERS PRESENT. PUBLIC COMMENT - None CITY COUNCIL MINUTES 11 JANUARY 15, 2013 PUBLIC HEARINGS 1. ADOPT AN ORDINANCE TO AMEND THE LA QUINTA MUNICIPAL CODE; CHAPTER 3.25, SHORT -TERM VACATION RENTALS; SECTION 9.100.120, OUTDOOR STORAGE AND DISPLAY; AND CHAPTER 9.160, SIGNS, ALLOWING FOR CERTAIN SIGN PROVISIONS. APPLICANT: CITY OF LA QUINTA Principal Planner Nesbit presented the staff report, which is on file in the City Clerk's Office. Councilmember Evans posed clarifying questions, answered by Planning Director Johnson. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:05 p.m. Public Speakers: None Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:05 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/ Henderson to take up Ordinance No. 506 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 506 into the record: AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 3 (REVENUE AND FINANCE) AND TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE, SPECIFICALLY: CHAPTER 3.25, SECTION 3.25.070.J, RELATING TO SIGNS FOR SHORT -TERM RENTAL UNITS; CHAPTER 9.100, SECTION 9.100.120.E, RELATING TO OUTDOOR STORAGE AND DISPLAY; AND, CHAPTER 9.160, SECTIONS 9.160.030.G; 9.160.050 (TABLE 9 -19); 9.160.060.G, J AND K; 9.160.100.6. AND 9.160.130 - RELATING TO PERMANENT AND TEMPORARY SIGN PROVISIONS AND THEIR DEFINITIONS. CASE NO: ZOA 2012 -111 MOTION — A motion was made and seconded by Councilmembers Osborne /Evans to introduce Ordinance 506 on first reading. Motion passed unanimously. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Henderson /Evans to adjourn 7:12 p.m. Motion passed unanimously. Respectfully submitted, 'S-9 SUSAN MAYSELS, ity Clerk CITY COUNCIL MINUTES 12 JANUARY 15, 2013