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2013 02 05 CC MinutesCITY COUNCIL MINUTES TUESDAY, FEBRUARY 5, 2013 A regular meeting of the La Quinta City Council was called to order at 4:00 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 COMM Public Speaker: Stephanie Duncan, La Quinta — Ms. Duncan said she represents a small group of rowers and Boy Scout Troop #50 who wish to have access to Lake Cahuilla once again for rowing. She provided background on the closing of Lake Cahuilla by Coachella Valley Water District (CVWD) to prevent infestation by quagga mussels. Enhanced protocols have now been developed to prevent infestation by boaters so Ms. Duncan asked Council to support the re- opening of the lake for non - motorized boating by sending letters and /or calling CVWD Board Members. Mayor Adolph said that he was on the Water Advisory Board for CVWD, which is scheduled to meet in late February. He informed Ms. Duncan that he will raise the request at that meeting. CONFIRMATION OF AGENDA City Manager Spevacek recommended that Council take up the Public Hearing items in reverse order since item 1 is dependent upon the outcome of the vote on item 2. PRESENTATION 1. PRESENTATION BY QUEEN SCHEHERAZADE AND HER COURT ON BEHALF OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL Madison Gibbons, Queen for 2013 and the two 2013 Princesses provided background on their studies, volunteer activities and future plans. They outlined CITY COUNCIL MINUTES 1 FEBRUARY 5, 2013 the activities and special events planned for the Riverside County Fair and National Date Festival to be held February 15 -24, 2013. 2. PRESENTATION OF THE INDIAN WELLS TENNIS GARDEN PROPOSED IMPROVEMENT PLANS Dick Oliphant of Indian Wells introduced Raymond Moore, CEO of the Indian Wells Tennis Garden. Mr. Moore presented the new owner, Larry Ellison, who plans to expand the facility by adding parking and a second tennis stadium, which is expected to increase annual attendance from 370,000 to 500,000. Construction will be underway from March 18, 2013 to January 31, 2014. Councilmember Henderson asked Mr. Moore to reexamine their plans to route some shuttle buses into the new entrance on Washington Street because without a dedicated left -turn lane for them, the buses will cause traffic to back up. In response to Mayor Adolph, Public Works Director Jonasson said that La Quinta's Traffic Consultant, Mr. Lalani, is also Indian Wells' Traffic Consultant. Mr. Jonasson said that he, along with Mr. Lalani and the Indian Wells Public Works Director, have been meeting to review and comment on all traffic issues, solutions and plans. In response to Councilmember Franklin, area will be green and park -like all year. events the Garden hosts each year. Mr. Moore said that the grassy parking Mr. Moore outlined the type of non - tennis Councilmember Osborne expressed gratitude for this quality expansion, which will be an economic plus for both Indian Wells and La Quinta. Mr. Moore said that this is now the fifth largest tournament in the world and after expansion may exceed the French Open and Wimbledon and move up to the third largest in the world. He explained that every 2 years, his company hires the University of Washington DC to do an economic impact analysis. In 2011, the report concluded that the tournament rendered a $289 million economic impact to the Coachella Valley. In response to Councilmember Evans, Mr. Moore said that GoldenVoice will once again be using the facility's parking, shade and restrooms for their 2013 Coachella Festivals and Stagecoach Festival. WRITTEN COMMUNICATIONS — None APPROVAL OF MINUTES Councilmember Osborne asked that a correction be made to his statement on page 9 regarding mobile substations. CITY COUNCIL MINUTES 2 FEBRUARY 5, 2013 MOTION — A motion was made and seconded by Council Members Evans/ Henderson to approve the minutes of January 15, 2013 as amended. Motion passed unanimously. CONSENT CALENDAR 1. DEMAND REGISTER DATED FEBRUARY 5, 2013 2. SECOND READING AND ADOPTION OF ORDINANCE NO. 506, AMENDING CERTAIN SECTIONS OF TITLE 3 (REVENUE AND FINANCE) AND TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE RELATING TO PERMANENT AND TEMPORARY SIGN PROVISIONS AND THEIR DEFINITIONS. CASE NO: ZOA 2012 -111 3. REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE PAVEMENT MANAGEMENT PLAN STREET IMPROVEMENTS, PROJECT 2012 -07 4. JOINT USE AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR A COMMUNITY SCHOOL GARDEN 5. RIGHT -OF -WAY USE AND LICENSE AGREEMENT WITH NEWPATH NETWORKS, LLC FOR THE PURPOSE OF INSTALLING, MAINTAINING, AND OPERATING A DISTRIBUTED ANTENNA SYSTEM AT MULTIPLE LOCATIONS WITHIN THE CITY OF LA QUINTA 6. RESOLUTION EXTENDING THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM [Resolution 2013 -0051 7. DENIAL OF CLAIM FOR DAMAGES FILED BY MIRIAM A. JOHNSON; DATE OF LOSS — DECEMBER 17, 2012 8. PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE, AND AUTHORIZATION TO ADVERTISE FOR BID THE CALLE SINALOA AND AVENUE 52 SIDEWALK INFILL IMPROVEMENTS, PROJECT 2012 -08 MOTION — A motion was made and seconded by Council Members Evans/ Henderson to approve the Consent Calendar as recommended. Motion passed unanimously. CITY COUNCIL MINUTES 3 FEBRUARY 5, 2013 BUSINESS SESSION 1. CIVIC CENTER CAMPUS ARTISTS ACKNOWLEDGMENT AREA APPLICATIONS Community Services Director Hylton presented the staff report, which is on file in the City Clerk's office. MOTION — A motion was made and seconded by Councilmembers Henderson/ Franklin to approve the names of the following artists to be included on the Civic Center Campus artists' acknowledgment area: Sergio Naduville, Sculptor Mike Costley, Performing Artist Andy Williams, Performing Artist 2. APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE Community Services Director Hylton presented the staff report, which is on file in the City Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Osborne/ Henderson to appoint Councilmembers Evans and Franklin to serve on the Civic Center Art Purchase Committee, which is charged with selecting and purchasing art during the La Quinta Arts Festival for the City's Art in Public Places program. Motion passed unanimously. 3. FORMATION AND APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO AN AD HOC COMMITTEE TO REVIEW GRANT REQUESTS Community Services Director Hylton presented the staff report, which is on file in the City Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Franklin /Evans to establish an ad hoc committee to consider the second round of grant requests and appoint Mayor Adolph and Councilmember Osborne to serve on that committee. Motion passed unanimously. STUDY SESSION - None CITY COUNCIL MINUTES 4 FEBRUARY 5, 2013 DEPARTMENT REPORTS DEPARTMENT REPORT ITEMS WERE TAKEN UP IN REVERSE ORDER — ITEM 1B FOLLOWED BY 1A. 1. COMMUNITY DEVELOPMENT B. REPORT ON JANUARY 28, 2013 MEETING WITH TRILOGY RESIDENTS REGARDING CALIFORNIA BIO -MASS Community Development Director Johnson and City Attorney Jenson presented the staff report, which is on file in the City Clerk's office. Director Johnson also described his three -hour tour of the facility on February 4` with . County representatives and the owner. California Bio -Mass (CB -M) is expected to deliver an exit plan to the County within 10 to 14 days, and La Quinta has requested a copy. In response to Councilmember Henderson, Director Johnson provided details on the composting method used by CB -M and described the conditions he encountered at the January 23`" on -site meeting. Councilmember Evans stated that the tainted compost piles, i.e., the piles that are non - aerobic due to being coated with grease, exist due to the fault of CB -M, which accepted the grease then used too much on composting piles. Since disturbing these piles releases the odor, CB -M's existing plan is a concern. Director Johnson said his understanding is that processing will cease December 31, 2014 then cleanup will be followed by leveling and preparing the site for future agricultural use. He said that no time limit for CB -M to remove their materials was mentioned at the meeting. Councilmember Osborne reasoned that the piles that are now anti - aerobic due to a covering of grease should be removed now if they will not somehow become aerobic. Director Johnson said that CB -M owner indicated that once a pile is opened, it fairly rapidly does start to breakdown and it is marketable. Mr. Johnson said no timeframe was provided by the owner as to when all grease- covered piles (approximately eight piles) would be processed and shipped out but he expects that information to be included in their exit plan document. Mr. Johnson described the odor mitigation currently in place but did not have information on the material being used in the misting system. Councilmember Franklin stated that she had no faith that the owner, Mr. Hardy, knows what he is doing given that he added the grease to the piles nor does she have faith that he will follow through or is capable of covering up the odor. She wondered how Mr. Hardy could say there are no health issues when he cannot even compost correctly. CITY COUNCIL MINUTES 5 FEBRUARY 5, 2013 In response to Councilmember Franklin, City Attorney Jenson outlined the city's legal options. She said one option is to file a public nuisance action against the operator, but the process would take 18 to 24 months to get to judgment and through the appeal. A second option is to participate in the appeal hearing to be held by the County Department of Environmental Health (DEH) to argue that deadlines are not altered. After exploring a third option with the County's land -use attorney regarding the prospect of moving up the Conditional Use Permit (CUP) revocation date, it became apparent that this route would take as long or longer than the public nuisance action and expose the County to a lawsuit once it was concluded. The City and County attorneys concluded that a more promising avenue is to open a code enforcement matter for investigation. Ms. Jenson said that if the County can establish violations of CB -M's CUP conditions -of- approval, the County would be willing to pursue a code violation rather than a revocation because it is a faster route to a remedy. Ms. Jenson is encouraged by this and will provide to the County Counsel all the information La Quinta has on this matter, and assist the County in pursuing this option. In response to Mayor Adolph's suggestion to pursue the health hazard issue, City Attorney Jenson said that the County's DEH is already involved and the city could contact other regulatory agencies that might have jurisdiction over this area and this issue to get them to focus on it. The Air Quality Management District (AQMD) has issued four citations to CB -M and the city has been pushing them to prosecute. She said that AQMD has also received hundreds of complaints. Mayor Adolph said that AQMDs process to remedy the matter is probably faster than any court procedure. Ms. Jenson agreed that governmental agencies may have procedures that are much faster than legal action. In response to Councilmember Evans, City Attorney Jenson said she will be preparing a declaration form for residents to fill in details such as medical information in order to track health complaints. Public Speaker: Eleanor Kooper, La Quinta — Ms. Kooper described health issues she and her husband are experiencing due to the stench day after day. She said the stress on Trilogy residents is overwhelming; everyone is suffering. Public Speaker: Rosette Kivel, La Quinta — Ms. Kivel said that it takes AQMD 4 to 5 hours to get to the site every time a complaint is called in. She suggested that AQMD be asked to have a dedicated employee on site. She also suggested that a recycling expert be hired to look at CB -M operation and give the owner and the city expert advice on how to clean up the site quicker. Community Development Director Johnson said that the city has been relying on the expertise of County DEHstaff. CITY COUNCIL MINUTES 6 FEBRUARY 5, 2013 Councilmember Evans suggested that Trilogy may be able to offer a room on site for an AQMD inspector to be there full time. Public Speaker: Fritz Bachli, La Quinta — Mr. Bachli said the misters should be on 24/7, but they are often shut down or just don't work. Mr. Bachli asked Council not to focus on just the grease; there are all kinds of products of concern. He handed out a letter from Dr. John Samples dated January 9, 2013 expressing "grave concerns regarding his [Mr. Bachli's] health and ongoing exposure to noxious odors and chemicals." Mr. Bachli encouraged other Trilogy residents to submit statements from their doctors. Public Speaker: Robert Boehm, La Quinta — Mr. Boehm said the city's reserve fund is extremely large; more than the city needs. He said that although the city is not a regulatory agency, it must take this situation more seriously and take action by filing a nuisance abatement action as recommended by city and county attorneys. This is an unrrret need of residents; therefore, reserve funds should be used. This would put CB -M on notice that the city is deadly serious and would cause them to spend money to defend itself. Approximately five percent of the population of La Quinta may be affected by this and as Andalusia is developed, that will increase. He said he believes council is financially over - conservative and unwilling to spend the funds to litigate against this facility; and he also does not believe the county is taking this seriously and questions whether it has the resources to properly address this. Public Speaker: Ed Ehrich, La Quinta — Mr. Ehrich requested that City Attorney Jenson provide notice to residents when she receives information about the appeal hearing. At the request of Councilmember Evans, Attorney Jenson will offer La Quinta's Council Chambers to the county as the hearing site so the hearing is more accessible to residents. Mr. Ehrich said it doesn't cost much to file an action and residents can assist with background information. He believes CB -M is buying time with residents who do not have time. He said Riverside County is incompetent and negligent, which is evident in the Notice of Order. Mr. Ehrich encouraged the city to take some action to get CB -M moving. The county has the power in this situation. It should threaten CB -M's future operations. Councilmember Evans said she is interested in taking all action simultaneously including getting the information on the appeal, hearing, getting cost estimates for the nuisance litigation to get CB -M's attention, pushing the county to revoke the CUP, providing the county with all information and assistance available, and distribute declaration forms for residents to sign. Ms. Evans wants to see a cost estimate for the litigation. CITY COUNCIL MINUTES 7 FEBRUARY 5, 2013 City Attorney Jenson said it may be worthwhile to hire an air - quality expert to be on site for testing and, if possible, to coordinate shared use of equipment with AQMD. Councilmember Henderson said the city should go at this from every direction possible and overwhelm CB -M with actions. She said a cost estimate on going forward is needed, and that an on -site tester is needed for a significant amount of time and if the city finds that this will not be done by any other regulatory agencies, the city will have to move forward with providing that. Ms. Henderson said she wanted information on what the outcome of a county code enforcement action would be, and the status of CB -M's $ 125,000 bond held by the county. Councilmember Osborne said the declaration form for residents is a good start, and to move forward. He also requested that this matter be brought back to Council as a Business Item. In response to Councilmember Franklin, City Manager Spevacek said he would form a strike team to evaluate options, consider what resources the city can bring to bear, identify the experts needed and thought that could be done for the February 19`" Council meeting. Mayor Adolph stated that the County Supervisors understand that La Quinta is not getting the response desired from the County and therefore, Mayor Adolph has put them on notice that the city will proceed with whatever it must do to resolve this issue. 1. COMMUNITY DEVELOPMENT A. DRAFT RESPONSE LETTER TO CITY OF INDIO FOR MUSIC FESTIVAL PLAN PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT Community Development Director Johnson presented the staff report, which is on file in the City Clerk's office. Councilmembers provided staff with suggestions regarding: the roundabout; adding a statement recognizing GoldenVoice's cooperation in the past and the economic benefit of the events to La Quinta; thanking them for doing the Environmental Impact Review; requesting that La Quinta be included in the logistics of any future improvements; inserting a proposed concert ending time; reconsidering the request for a signal at Dunbar; and orienting the stages to face east and /or north away from La Quinta. Public Speaker: Celaine Ysunza, Rancho Santana, La Quinta — Ms. Ysunza said that a lower noise level and less noise from the campers' area after 1:00 a.m. is CITY COUNCIL MINUTES 8 FEBRUARY 5, 2013 important to her as well as a means to control the limits set. She said the traffic control was very good. Public Speaker: Glenn Farley, Rancho Santana, La Quinta — Mr. Farley said that residents' issues include noise, potential of lower property values, security, and traffic. He said the Rancho Santana and Carmella communities are affected by the noise. Mr. Farley said the lack of concern by GoldenVoice in being a good neighbor and adjusting noise levels was an issue for residents. Public Speaker: Doug Lang, Rancho Santana, La Quinta — Mr. Lang supports turning the stage to face Indio rather than La Quinta. He said last year his house and windows shook, but it is much bigger than a noise issue, it's become a police state. Mr. Lang said he is one homeowner that would not have purchased his home if he had known about these multiple festivals. He said La Quinta needs to pull together; his neighbors are selling due to the concert and he may be a seller, too. He is concerned that property values have dropped. Mayor Adolph said that the letter should emphasize the noise problem and the need to mitigate it; and to include a compliment or two for GoldenVoice's cooperation. THE CITY COUNCIL RECESSED FORA BREAK AT 7:00 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 7:17 P.M. WITH ALL COUNCILMEMBERS PRESENT. PUBLIC COMMENT - None PUBLIC HEARINGS PUBLIC HEARING ITEMS WERE TAKEN UP IN REVERSE ORDER — ITEM NO. 2 FOLLOWED BY ITEM NO. 1. 2. ORDINANCE TO AMEND THE LA QUINTA MUNICIPAL CODE CHAPTER 3.33, TRANSPORTATION UNIFORM MITIGATION FEE Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's office. City Attorney Jenson explained why the City Council can vote on fees without public vote. AB1600 states these types of fees are not subject to voter approval because they reimburse the city for costs only and provide no added revenue to the City. CITY COUNCIL MINUTES 9 FEBRUARY 5, 2013 Mayor Adolph stated that La Quinta is the only city in Riverside County that does not belong to the TUMF program. La Quinta had a good reason initially to refrain from participation but now it is in the city's best interest to join. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:36 p.m. Public Speaker: Tommy Thompson, Riverside County Building Industry Association (BIA) — Mr. Thompson said the BIA supports staff's recommendation and would request that CVAG delay implementation for several months. Regarding the Developer Impact Fee (DIF) report to be discussed next, the BIA would like to see a greater reduction but ultimately supports the DIF fee recommendation. Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:38 p.m. MOTION — A motion was made and seconded by Councilmembers Henderson/ Evans to take up Ordinance No. 507 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the title of Ordinance No. 507 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEES. MOTION - A motion was made and seconded by Councilmembers Henderson/ Evans to introduce Ordinance No. 507 for first reading. Motion passed by the following vote: AYES: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to adopt Resolution No. 2013 -007 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING THE TRANSPORTATION UNIFORM MITIGATION FEE AMOUNT PURSUANT TO ORDINANCE NO. 507. Motion passed unanimously. MOTION — A motion was made and seconded by Councilmembers Franklin /Evans to approve the agreement entitled: "Agreement Between the Coachella Valley Association of Governments and the City of La Quinta for Establishment of the TUMF Program," and authorize the Mayor to execute the agreement. Motion passed unanimously. CITY COUNCIL MINUTES 10 FEBRUARY 5, 2013 1. DEVELOPMENT IMPACT FEES Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's office. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:49 p.m. Public Speaker: Gretchen Gutierrez from Desert Valley Builders' Association (DVBA) — Ms. Gutierrez stated that the DVBA supports staff's recommendation, and members recognize that the city needs to implement new fees. On behalf of the DVBA, she recommends adoption. Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:50 p.m MOTION — A motion was made and seconded by Councilmembers Osborne /Evans to adopt Resolution No. 2013 -006 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 2008 -061, RELATING TO DEVELOPMENT IMPACT FEES. Motion passed unanimously. REPORTS AND INFORMATIONAL ITEMS Imperial Irrigation District — Councilmember Osborne reported that inspections of air conditioning units and weatherization will be available starting in April. He asked city staff to let the community know by adding it to the City of La Quinta website. CVAG Transportation Committee — Councilmember Henderson reported that CVAG wants to conduct a new traffic study for the Jefferson interchange to update the 2003 report. The Parkway /Avenue 62 traffic will be included in the study. She brought up that the Sphere of Influence used was not the one La Quinta wanted. She was ensured that traffic counts would only relate to existing city boundaries. Signage for the interchange will come out of a joint meeting between La Quinta and Indio. Committee established that the Coachella Valley is interested in future rail service. Greater Palm Springs Convention & Visitors Bureau — Councilmember Evans reported the County is establishing a filming ordinance and is encouraging cities to adopt similar ordinances. The Bureau will continue to push agencies to address Salton Sea issues. Lastly, she reported that Cathedral City will host a festival for short films June 13 -16, 2013. CVAG Executive Committee — Mayor Adolph reported that the Agua Caliente Band wanted to succeed from the AQMD territory and set up their own environmental area to handle their own needs. All CVAG cities agreed that it was important to CITY COUNCIL MINUTES 11 FEBRUARY 5, 2013 keep them in the County group, but County Supervisors voted with the Agua Caliente Band. The Mayor said that a new CVAG policy states that cities can seek and get project approval in the present, but funding could be for an unknown time in the future. Sunline Transit Agency - Mayor Adolph reported that, at the request of one member, all Sunline committees will be reviewed. CVAG Homelessness Committee - Councilmember Osborne reported that the committee voted to give the non - profit foundation $95,000 to hire someone to fundraise to support Roy's Shelter. One member recently asked that this decision be reconsidered but, by majority vote, the committee supported the, original decision to fund the foundation. CVAG Technical Advisory Committee - City Manager Spevacek reported that he will be representing La Quinta at the Committee's meeting during which members will vote on a request to each jurisdiction for a $1,500 contribution to assist Shelter from the Storm and Coachella Valley Sexual Assault Services Program with transportation costs of victims, with CVAG managing the collection and disbursement of the funds and periodic status reports from the agencies. Mr. Spevacek received Council confirmation that the City of La Quinta's vote was NO on this item because Councilmembers said it was not wise for CVAG to begin offering or handling these types of programs; should CVAG start, the organization will be flooded with similar requests. MAYOR'S AND COUNCIL MEMBER'S ITEMS At the request of Mayor Adolph, Public Works Director Jonasson distributed a memo regarding Madison Club Landscaping Improvements for Avenue 53 and Madison Street, Tract Map No. 33076 -1 update. Councilmember Osborne thanked staff for going out to Trilogy and holding the community meeting regarding the odor complaints. ADJOURNMENT There being no further business, a motion was made and seconded by Council Members Henderson /Evans to adjourn 8:14 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, Uty Clerk City of La Quinta, California CITY COUNCIL MINUTES 12 FEBRUARY 5, 2013