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2013 12 03 CC MinutesCITY COUNCIL MINUTES TUESDAY, DECEMBER 3, 2013 A regular meeting of the La Quints City Council was called to order at 3:01 p.m. by Mayor Adolph. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. 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 -0531. PROPERTY OWNERS /NEGOTIATORS: GEORGE VELARDE 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 IN THE LA QUINTA VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE TAMPICO, NORTH OF AVENIDA LA FONDA (APN'S 770 -123 -002; 770 - 123 -003; 770- 123 -004; 770 - 123 -006; 770 - 123 -010; 770 -124 -002; 770 - 124 -003; 770- 124 -004; 770 - 124 -007; AND 770- 124 -0091. PROPERTY OWNER/ NEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN 3. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING THE POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND /OR DISPOSITION OF REAL PROPERTY LOCATED AT SILVERROCK RESORT (APN'S 770 - 200 -026; 776-150-021;'776-150-023; 770 - 060 -056; 770 -060 -057; 770 - 060 -058; 770 - 060 -059; 770 - 060 -061; 770- 060 -062; 777 -490 -004; 777 -490 -006; 777 -490 -007; 777 -490 -012 AND 777 -490- 014). PROPERTY OWNERS /NEGOTIATORS: JOHN GAMLIN, MERIWETHER COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY CITY COUNCIL MINUTES DECEMBER 3, 2013 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) (ONE MATTER) COUNCIL RECESSED TO CLOSED SESSION AT 3:02 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). Council did not conclude its discussion on all Closed Session items so they will return to Closed Session during the dinner break. Mayor Adolph led the audience in the pledge of allegiance. PUBLIC COMMENT Public Speaker: Allen Worthy, Palm Desert - Mr. Worthy thanked Council for hearing his matter at the last meeting and he showed Council a copy of the fraudulent documents used against him. Public Speaker: Lothar Vasholz, Palm Desert - Mr. Vasholz provided information on the challenges of single parenting and explained the new free program offered at St. John's Lutheran Church from January 13 through April 7, 2014 on Monday evenings. The following Public Speakers spoke in opposition to any assessment increase on north La Quinta subdivisions: • Greg McGuire, north La Quinta resident • Andrew Kerr, north La Quints resident • Carol Orlan, north La Quinta resident • MaryAnn Lamb, north La Quinta resident • Kathy Whitcomb, north La Quinta Public Speaker: Stephani Kerr, North La Quinta - Ms. Kerr spoke in opposition to any public use of the retention basin in her neighborhood by the AYSO or others. CONFIRMATION OF AGENDA City Manager Frank Spevacek requested that the order of the Public Hearing Items be switched to No. 4, No. 1, No. 2, No. 3. Council concurred. CITY COUNCIL MINUTES 2 DECEMBER 3, 2013 PRESENTATIONS 1. LIBRARY AND MUSEUM QUARTERLY REPORT FOR JULY THROUGH SEPTEMBER 2013 Museum Manager Anne Phillips and the LSSI Library Zone Manager Barbara Bowie presented the staff report, which is on file in the City Clerk's office. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES 1. MINUTES OF NOVEMBER 19, 2013 MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to approve the minutes of November 19, 2013 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. APPROVE FISCAL YEAR 2012/2013 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT 2. APPROVE FISCAL YEAR 2012/2013 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT 3. DENY CLAIM FOR DAMAGES FILED BY JOAN CRUTCHFIELD; DATE OF LOSS — SEPTEMBER 13, 2013 4. EXCUSE BOARD MEMBER KEVIN McCUNE'S ABSENCE FROM THE NOVEMBER 6, 2013, ARCHITECTURAL AND LANDSCAPING REVIEW BOARD 5. EXCUSE COMMISSIONER MARK WEBER'S ABSENCE FROM THE NOVEMBER 26, 2013 PLANNING COMMISSION MEETING 6. APPROVE DEMAND REGISTER DATED NOVEMBER 19, 2013 MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to approve the Consent Calendar as recommended. Motion passed unanimously. CITY COUNCIL MINUTES 3 DECEMBER 3, 2013 BUSINESS SESSION 1. SELECT A REPRESENTATIVE TO THE CHAMBER OF WORKSHOP /INFORMATION EXCHANGE COMMITTEE MOTION - A motion was made and seconded by Councilmembers Evans/ Henderson to select Mayor Adolph as its representative for three consecutive Chamber of Commerce meetings. 2. INTRODUCE ORDINANCE TO AMEND THE LA QUINTA MUNICIPAL CODE REGARDING TRUCK ROUTES [ORDINANCE 5181 Principal Engineer McKinney 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 take up Ordinance NO. 518 by title and number only and waive further reading to amend Section 12.56.011 of the La Quinta Municipal Code to change the truck route designation list. Motion passed unanimously. City Clerk Maysels read the title of Ordinance No. 518 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 12.56 OF THE MUNICIPAL CODE MOTION - A motion was made and seconded by Councilmembers Osborne /Franklin to introduce Ordinance No. 518 on first reading. Motion passed unanimously. STUDY SESSION 1. OVERVIEW OF UNMANNED AIRCRAFT SYSTEMS (UAS) PROGRAM Chris Escobedo, Assistant to the City Manager, introduced Frank Taylor, Community Safety Consulting Group, who presented the staff report, which is on file in the City Clerk's Office. In response to Councilmember Franklin's concern about invading commercial airline air space, Mr. Taylor said that the unmanned aircraft currently stay under 400' in altitude and if they go above that in the future, detect - and -avoid hardware will have to be added. In response to Councilmember Osborne, Mr. Taylor confirmed that UAS will be valuable for search and rescue; the agency- operator of the UAS program has not yet been decided; the operator will have to be very mindful of its proper use; liability for the UAS program would be the same as an agency has for any CITY COUNCIL MINUTES 4 DECEMBER 3, 2013 equipment or personnel; the operator must follow FAA rules, be trained in its use by the manufacturer, and trained in public safety; and, in the interest of transparency, all video taken should be available for public viewing at any time. In response to Councilmember Henderson, Mr. Taylor said that the acceptance of UAS mosaic photos would probably be decided by the courts over time. In response to Councilmember Evans, Mr. Taylor said that invasion of privacy is a concern. The UAS must be used appropriately and only for public safety reasons. In response to Mayor Adolph, Chris Escobedo, Assistant to the City Manager will conduct a search of the Municipal Code for any current ordinance regarding heights for aerial items (such as balloons) that may apply to UAS too. Mayor Adolph also expressed concern about the reliability of UAS transponders and illegal use by criminals or businesses. Mr. Taylor said that the FAA is working on regulations but believes enforcement will be a local responsibility. He said some cities are awaiting the outcome of SB15 before moving forward. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2013, Councilmember Franklin reported on her participation in the following organizations meeting: • ANIMAL CAMPUS COMMISSION La Quinta's representative for 2013, Councilmember Osborne reported on his participation in the following organizations meeting: IID ENERGY CONSUMERS' ADVISORY COMMITTEE La Quinta's representative for 2013, Mayor Adolph reported on his participation in the following organizations meeting: • CVAG EXECUTIVE COMMITTEE DEPARTMENT REPORTS City Manager Spevacek announced that the first meeting in January will be cancelled due to a lack of agenda items. COMMUNITY SERVICES — ART IN PUBLIC PLACES STRATEGIC PLAN Councilmember Osborne suggested that the Arts Foundation be considered a resource when artists are to be recommended or selected. Community Services Director Hylton said that they have been a substantial resource in the past and will continue to be, along with the Community Services Commission. Mr. Osborne requested that future sites be truly public places and not isolated lots. CITY COUNCIL MINUTES 5 DECEMBER 3, 2013 Councilmember Henderson expressed concern about language on page 2, paragraph four "Local developers have the opportunity to integrate public art into or adjacent to their residential or commercial projects." The word "into" is a concern because developers may interpret that to mean that the art can be placed inside their gates. Councilmember Evans said that the list of 150 pieces of public art on page 7 of the strategic plan is missing integration with youth and schools. Ms. Evans suggested some type of student or visitor activity that would enable them to receive a city souvenir or other give -away that rewards them for visiting all sites. She said a youth- designed item or component would be preferable. A program like this may take people to areas of the city they may not otherwise go: Ms. Evans said that this could be another component of the new multi - generational Wellness Center. Director Hylton agreed to explore these ideas and said that the City is currently working with Truman school students and teachers to refurbish their handball courts with public art. Councilmember Franklin requested that public art placement in the north side of the city be a top consideration in the future because it is lacking in that area. Director Hylton reported that $250,000 was just spent on the Adams Street Bridge railing art, which is in north La Quints. Councilmember Evans said that opportunities for public art in north La Quinta would come with the CV -link project. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Osborne expressed concern that the CV -link project plan will be a grandiose scheme created by CVAG and others and handed to La Quints to build and fund. Mr. Osborne said La Quinta must take design control of the portion that the City will be expected to construct and maintain so that the City can control costs. Councilmember Evans said that due to La Quinta's proactive planning, it may be possible to leverage this foresight by utilizing the funds that would have been allocated to La Quints had it not been proactive with bridge development. Those funds could be used for the desired school and business access points. Mayor Adolph noted his concern about getting answers regarding the construction, maintenance, and liability issues of the project. COUNCIL RECESSED TO THE MEETING OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY AND THE CONTINUATION OF THE CITY COUNCIL CLOSED SESSION AT 6.03 A M. CITY COUNCIL MINUTES 6 DECEMBER 3, 2013 MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 7:00 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN INCLOSED SESSION THAT REOUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). PUBLIC COMMENT - None PUBLIC HEARINGS 1. ADOPT RESOLUTIONS TO APPROVE A TENTATIVE TRACT MAP AND SITE DEVELOPMENT PERMIT AND ACKNOWLEDGE A DETERMINATION OF EXEMPTION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINE 15182 FOR THE CONSTRUCTION OF A 230 -UNIT RESIDENTIAL PROJECT ON 42 ACRES WITHIN THE PGA WEST COMMUNITY SUBMITTED BY REMBOLD PROPERTIES, LLC [RESOLUTION 2013 -058 AND RESOLUTION 2013 -0591 MAYOR ADOLPH AND COUNCILMEMBER FRANKLIN ANNOUNCED THAT THEY HAVE A CONFLICT OF INTEREST DUE TO THE PROXIMITY OF THEIR RESIDENCES TO THIS PROJECT, AND LEFT THE DAIS. Principal Planner Nesbit presented the staff report, which is on file in the City Clerk's Office. Councilmember Henderson declared the PUBLIC HEARING OPEN at 7:08 p.m. The following public speakers spoke in favor of the project: • Mary Caldwell, PGA West resident • Steve Weiss, PGA West resident • Wayne Rembold, Applicant Councilmember Henderson declared the PUBLIC HEARING CLOSED at 7:15 p.m. MOTION — A motion was made and seconded by Councilmembers Evans /Osborne to Adopt RESOLUTION 2013 -058 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT 36537, TO SUBDIVIDE A t42 -ACRE PARCEL INTO A 230 -UNIT RESIDENTIAL PROJECT FOR PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT. CASE NO.: TENTATIVE TRACT MAP 36537, APPLICANT: POINTE LARSEN, LLC Motion passed: ayes 3 (Evans, Henderson, Osborne) noes 0 abstain 0 absent 2 (Adolph & Franklin) CITY COUNCIL MINUTES 7 DECEMBER 3, 2013 MOTION — A motion was made and seconded by Councilmembers Evans /Osborne to Adopt RESOLUTION 2013 -059 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF SITE DEVELOPMENT PERMIT 2013 -924 INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR A 230 -UNIT RESIDENTIAL PROJECT. CASE NO.: SITE DEVELOPMENT PERMIT 2013 -924, APPLICANT: POINTE LARSEN, LLC Motion passed: ayes 3 (Evans, Henderson, Osborne) noes 0, abstain 0 absent 2 (Adolph & Franklin) 1. ADOPT ORDINANCE NO. 517 TO REVISE TITLE 'B OF THE LA QUINTA MUNICIPAL CODE AND ADOPT THE 2013 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS Council waived the presentation of the staff report, which is on file in the City Clerk's Office. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:18 p.m. Public Speaker: none Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:18 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne /Franklin to adopt Ordinance No. 517 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8 OF THE LA QUINTA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2013 CALIFORNIA BUILDING STANDARDS CODE AND CERTAIN SPECIFIED APPENDICES THEREOF, INCLUDING THE 2013 CALIFORNIA ADMINISTRATIVE CODE; 2013 CALIFORNIA BUILDING CODE; 2013 CALIFORNIA RESIDENTIAL CODE; 2013 CALIFORNIA ELECTRICAL CODE; 2013 CALIFORNIA MECHANICAL CODE; 2013 CALIFORNIA PLUMBING CODE; 2013 CALIFORNIA ENERGY CODE; 2013 CALIFORNIA HISTORICAL BUILDING CODE; 2013 CALIFORNIA FIRE CODE; 2013 CALIFORNIA EXISTING BUILDING CODE; 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND 2013 CALIFORNIA REFERENCED STANDARDS CODE, AND MAKING FINDINGS OF LOCAL CONDITIONS WITHIN THE CITY OF LA QUINTA WHICH MAKE CERTAIN AMENDMENTS TO THE CALIFORNIA BUILDINGS STANDARDS CODE REASONABLY NECESSARY. Motion passed unanimously. CITY COUNCIL MINUTES 8 DECEMBER 3, 2013 2. ADOPT RESOLUTIONS TO DENY A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL AND ZONE CHANGE FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR A 4.35 -ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF AVENUE 58 AND MONROE STREET [RESOLUTION 2013 -055 AND RESOLUTION 2013 -0561 Principal Planner Nesbit presented the staff report, which is on file in the City Clerk's office. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:22 p.m. The following public speakers spoke in opposition to the project and in favor of the recommendation to deny the zone change: • David Crouse, La Quinta • Paul Strohecker, La Quinta • Charles Clendening, La Quinta • Charles Hawkins, La Quinta • Roger Greenwald, La Quinta (provided hand out) • Brett Picano, La Quinta • Donald Imoto, La Quinta • Justin Bert, Representative of nearby residential land owner • Pixie Scott, La Quinta • Steve (last name unknown), La Quinta • Jim Murino, Owner of properties at SEC and SWC of Avenue 58 & Madison The following public speakers spoke in favor of the project and in opposition to the recommendation to deny the zone change: • Representative of the Applicant — name unknown • Kim Hammer, Indian Wells — Rep. Applicant, Hammer Family Trust • Joe Hammer, Indian Wells — Rep. Applicant, Hammer Family Trust Mayor Adolph declared the PUBLIC HEARING CLOSED at 8:31 p.m. Councilmember Osborne said that a local developer, who has lived here for many years, is important to consider. The letters received today regarding the environmental concerns need to be reviewed by the City. Mr. Osborne requested that this item be continued to a future meeting. Councilmember Henderson said that the environmental issue must first be cleared up so that a clean decision may be made. She requested that the item be continued to the second Council meeting in January 2014. CITY COUNCIL MINUTES 9 DECEMBER 3, 2013 Councilmember Evans said she appreciates the projects the Hammers have done in La Quinta and recognizes the desire to make money, which assists the City with a source of new sales tax revenue, but spot zone changing may be dangerous to the overall general plan. Ms. Evans said that this is about timing, and the timing is not right to make the change now. Mayor Adolph said that market support for this type of development is not there, and there is nothing worse for a neighborhood than a closed gas station. He said that in the future when the area is fully developed, there might be need for a convenience store. Councilmember Franklin stated that the necessity is not there and the lack of communication with neighbors is a problem. Ms. Franklin stated that Council has to be very careful about up- zoning because it dramatically increases the value of property and spot zoning is never a good practice. She said that there will be a need for some kind of commercial, but since the commercial lot at PGA West and Jefferson Street sat vacant for years because it could not make marketing demand numbers work in the summer; she does not believe this is commercially viable. Councilmember Osborne listed all the future residential developments in the area that will eventually be able to support commercial development. Mr. Osborne said that this lot, with all its power lines, should never be residential. It should be commercial but he does not know when it will be viable. He would prefer a local developer who builds a quality piece. MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to Adopt RESOLUTION 2013 -055 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 2013 -126, FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL, FOR A 4.35 ACRE PARCEL. CASE NO.: GENERAL PLAN AMENDMENT 2013 -126, APPLICANT: HAMMER FAMILY TRUST Motion passed: ayes 3 (Evans, Franklin, Adolph) noes 2 (Henderson, Osborne) abstain 0 absent 0 MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to Adopt RESOLUTION 2013 -056 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING ZONE CHANGE 2013 -144, FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR A 4.35 ACRE PARCEL. CASE NO.: ZONE CHANGE 2013 -144, APPLICANT: HAMMER FAMILY TRUST CITY COUNCIL MINUTES 10 DECEMBER 3, 2013 Motion passed: ayes 3 (Evans, Franklin, Adolph) noes 2 (Henderson, Osborne) abstain 0 absent 0 3. ADOPT A RESOLUTION TO APPROVE USE OF FISCAL YEAR 2014/2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY [RESOLUTION 2013 -0571 Council waived presentation of the staff report, which is on file in the City Clerk's Office. Mayor Adolph declared the PUBLIC HEARING OPEN at 8:50 p.m. Public Speaker: none Mayor Adolph declared the PUBLIC HEARING CLOSED at 8:50 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne /Evans to Adopt RESOLUTION 2013 -057 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2014/2015 Motion passed unanimously. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Evans /Osborne to adjourn at 9:05 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, Ny Clerk City of La Quinta, California CITY COUNCIL MINUTES 11 DECEMBER 3, 2013