2017 03 21 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, MARCH 21, 2017
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by
Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None
CONFIRMATION OF AGENDA
Councilmember Pena stated that he has a potential conflict of interest on Closed
Session Item No. 4 due to his work for a contractor who does business with Frontier
Communications so he will be absent for the discussion on that item.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT:
SILVERROCK RESORT (APNs 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; 777-490-
014
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT
COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE
SALE OF REAL PROPERTY
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 46300
DUNE PALMS ROAD (APN 600-030-019)
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
PROPERTY OWNER: ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT OF THE PROPERTY
IDENTIFIED
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(d)(1) ALVERIZ ET AL. V. CITY OF LA
QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1503161;
BARTON ET AL. V. CITY OF LA QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR
COURT CASE NO. PSC 1505200
CITY COUNCIL MINUTES Page 1 of 7 MARCH 21, 2017
4. Councilmember Pena left the Closed Session room during the discussion on this
item >>> CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 78150
AVENIDA LA FONDA (APN 770-124-006)
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
PROPERTY OWNER: FRONTIER COMMUNICATIONS
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT OF THE PROPERTY
IDENTIFIED
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT
CODE SECTION 54957, TITLE: POLICE CHIEF (CONTRACT CITY OFFICER)
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED
INTO CLOSED SESSION AT 3:02 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL
MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
No actions were taken in Closed Session on Item No. 1 that require reporting pursuant
to Government Code section 54957.1 (Brown Act). Discussion on Closed Session Item
Nos. 2, 3, 4, and 5 were not concluded so the Council will re-enter Closed Session at
the end of the open session portion of the meeting.
PLEDGE OF ALLEGIANCE
Councilmember Fitzpatrick led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Susan Francis, Representing the Ophelia Project - Ms. Francis
thanked the City for the exhibit space at City Hall for the Ophelia Project participants to
display their works of art, and invited all present to their April 27th luncheon.
PUBLIC SPEAKER: Mark Johnson, La Quinta - Mr. Johnson showed a short video
containing photos of the desert's super bloom taken during local hikes. He said he is
applying for a $100,000 grant from the Desert Sun newspaper to be used to attract
youth to local hiking.
PUBLIC SPEAKER: Victory Grund, owner Old Town Artisan Studio, La Quinta (OTAS) -
Ms. Grund thanked the Council for their support over the years, and introduced OTAS's
new Executive Director Thomas Burns from Carmel, California.
PUBLIC SPEAKER: Steve Richardson, La Quinta - Mr. Richardson spoke in favor of
making solar more economical for residents to install and asked the Council to work
CITY COUNCIL MINUTES Page 2 of 7 MARCH 21, 2017
with Imperial Irrigation District to make solar more reasonable for its La Quinta
customers. [Mr. Richardson's written comments are on file in the City Clerk's Office.]
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - None
CONSENT CALENDAR
1. ADOPT ORDINANCE NO. 555 AT SECOND READING AMENDING CHAPTER 5.90
AND ADDING CHAPTER 5.91 TO THE LA QUINTA MUNICIPAL CODE, RELATING
TO REGULATION OF DELIVERY OF MEDICAL CANNABIS IN THE CITY OF LA
QUINTA AND CONFORMING AMENDMENT PURSUANT TO STATE ADULT USE OF
MARIJUANA ACT
2. ADOPT RESOLUTION TO AMEND FINANCIAL SERVICES ANALYST
CLASSIFICATION; ACCOUNTING MANAGER WORKING TITLE AND
CLASSIFICATION TO SENIOR ACCOUNTANT; AND CREATE JUNIOR
ACCOUNTANT POSITION [RESOLUTION No. 2017-0091
3. RECEIVE AND FILE SECOND QUARTER FISCAL YEAR 2016/17 TREASURER'S
REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2016
4. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING AND COMMUNICATIONS
SUPERVISOR/PUBLIC INFORMATION OFFICER TO ATTEND THE CALIFORNIA
ASSOCIATION OF PUBLIC INFORMATION OFFICIALS CONFERENCE IN SAN
DIEGO, CALIFORNIA, APRIL 3-6, 2017
5. APPROVE DEMAND REGISTERS DATED FEBRUARY 27, MARCH 3, MARCH 6, AND
MARCH 10, 2017
MOTION - A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick
to approve the Consent Calendar as recommended, with Item No. 2 adopting
Resolution No. 2017-009. Motion passed unanimously.
BUSINESS SESSION
1. ADOPT A RESOLUTION CALLING FOR THE INTRODUCTION FOR FIRST READING
OF AN ORDINANCE TO FULFILL THE OVERSIGHT OBLIGATIONS MANDATED BY
MEASURE G AND ORDINANCE 540 BY RECONSTITUTING THE INVESTMENT
ADVISORY BOARD TO EXPAND ITS SIZE AND DUTIES AND CHANGE ITS NAME
TO FINANCIAL ADVISORY COMMISSION [RESOLUTION NO. 2017-010 and ORDINANCE
NO. 556]
City Clerk Maysels presented the staff report, which is on file in the Clerk's Office.
CITY COUNCIL MINUTES Page 3 of 7 MARCH 21, 2017
Councilmembers discussed the new name proposed for the Investment Advisory
Board and flexibility in the size of the Commission provided by the Ordinance.
MOTION - A motion was made and seconded by Councilmembers Radi/Pena to adopt
Resolution No. 2017-010 as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,
CALLING FOR AN ORDINANCE TO AMEND CHAPTER 2.70 OF THE MUNICIPAL
CODE TO EXPAND THE MEMBERSHIP AND DUTIES AND CHANGE THE NAME OF
THE INVESTMENT ADVISORY BOARD TO THE FINANCIAL ADVISORY COMMISSION
IN ORDER TO FULFILL THE CITIZEN OVERSIGHT DUTIES SET FORTH IN MEASURE
G AND ORDINANCE 540
Motion passed unanimously.
MOTION — A motion was made and seconded by Councilmembers Radi/Pena to take
up Ordinance No. 556 by title and number only and waive further reading.
Motion passed unanimously.
City Clerk Maysels read the following title of Ordinance No. 556 into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,
AMENDING CHAPTER 2.70 OF THE MUNICIPAL CODE TO EXPAND THE
MEMBERSHIP AND DUTIES AND CHANGE THE NAME OF THE INVESTMENT
ADVISORY BOARD TO THE FINANCIAL ADVISORY COMMISSION IN ORDER TO
FULFILL THE CITIZEN OVERSIGHT DUTIES SET FORTH IN MEASURE G AND
ORDINANCE 540
MOTION - A motion was made and seconded by Councilmembers Radi/Sanchez to
introduce at first reading Ordinance No. 556 as recommended.
Motion passed unanimously.
STUDY SESSION
1. DISCUSSION ON RESIDENT ACCESS AND RATES AT SILVERROCK RESORT
City Economist/Consultant Jon McMillen presented the staff report, which is on file in
the Clerk's Office. Randy Duncan, General Manager, SilverRock Golf Course provided
background on resident cards and use at SilverRock.
PUBLIC SPEAKER: Hank Goodman, La Quinta - Mr. Goodman said he spoke as
representative for more than 50 full-time and part-time residents. He requested
changes to the proposed resident arrangements such as the ability to reserve tee
times ten days in advance; change the midnight access to reservations to 7 a.m., and;
permit residents to book in blocks for consecutive tee times so groups can play. He
noted that holding 30% of tee times for residents was sufficient but the times should
be distributed differently. [Mr. Goodman's written comments are on file in the City Clerk's Office.]
CITY COUNCIL MINUTES Page 4 of 7 MARCH 21, 2017
PUBLIC SPEAKER: Mark Johnson, La Quinta - Mr. Johnson read excerpts from the 8-
page document he submitted in advance of the meeting [on file in the City Clerk's Office].
He had three primary recommendations: implement the Advisory Board's remaining
recommendations; implement the unfinished recommendations submitted by the ad
hoc resident golfers' report of June 2016, and; analyze and develop a new tee time
system.
PUBLIC SPEAKER: Rick Robertson, La Quinta - Mr. Robertson spoke in support of
changing the midnight opening for resident tee time reservations; improving resident
access before the new hotels open in 2019; getting creative by negotiating with other
courses for resident use and rates, and; in support of a resident golf advisory
committee.
PUBLIC SPEAKER: Greg Lindsay, La Quinta - Mr. Lindsay spoke in support of setting
aside 30% of tee times for residents; changing the booking time from midnight, and;
establishing a golf advisory committee.
PUBLIC SPEAKER: Steve Rosen, La Quinta - Mr. Rosen recommended that the Council
refer this matter to the new Financial Advisory Commission for financial review and
examination for any missed economic opportunities.
PUBLIC SPEAKER: Chris Brannigan, La Quinta - Mr. Brannigan spoke in favor of
changing the resident reservation site time from midnight to 5 p.m.; including in the
financial analysis, the cost of losing residents to area courses due to inability to secure
reasonable tee times; researching resident access and rates in other valley cities, and;
raising the resident card fee as outlined in the report.
PUBLIC SPEAKER: Gordon Johansen, La Quinta - Mr. Johansen asked about City
revenue from property taxes and transient occupancy taxes currently and post
SilverRock development. City Manager Spevacek and City Consulting Economist
McMillen provided the information.
PUBLIC SPEAKER: Richard Spinelli, La Quinta - Mr. Spinelli asked about building a
second golf course. Mayor Evans explained the background and financial limits for
creating a second course.
Councilmembers discussed the 3,488 resident cards issued for SilverRock course;
changing the online booking start time from midnight; seeking input on the matter
from both resident golfers and resident non -golfers; openness to extending booking to
seven days out; connecting the 25 golf courses in La Quinta via a consortium or
exchange; residents willingness to pay more for resident cards if they get more; no
resident fee increases have occurred since the course opened in 2005; asking the
Financial Advisory Commission and/or the Community Services Commission to
examine course access and rates and provide recommendations to Council, and; the
value of citizen input.
CITY COUNCIL MINUTES Page 5 of 7 MARCH 21, 2017
PUBLIC SPEAKER: Hank Goodman, La Quinta - Mr. Goodman suggested an economic
feasibility study be done to determine if building another nine or 18 holes would break
even. City Manager Spevacek explained that such a study has been done with the
finding that neither 9 nor 18 holes are economically feasible for the City to build since
the loss of redevelopment funds and the legal requirement for municipalities to pay
prevailing wages for all its capital projects.
PUBLIC HEARINGS - None
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk's Office.
City Attorney's Department Report:
ELECTRICITY NET -ENERGY METERING AND LOCAL REGULATION FOR IRRIGATION
DISTRICT PROVIDERS
City Attorney Ihrke summarized the report.
PUBLIC SPEAKER: Lea Goodsell, Vice President of Renova Solar Energy Corp., Palm
Desert - Ms. Goodsell spoke against Imperial Irrigation District's (IID) net -billing
program because it halts residents incentive to install solar -produced power.
[Ms. Goodsell's written remarks are on file in the City Clerk's Office.]
PUBLIC SPEAKER: Tracy Sheehan, La Quinta resident and employee of Renova Solar -
Ms. Sheehan spoke in favor of urging IID to return to the net -metering program.
Council expressed their dissatisfaction with IID imposing programs and eliminating
options on its La Quinta customers without any customer input or representation; the
inability of the City to enforce any directive on IID; the need for the City to monitor the
County's solution to this matter and join or mirror its language and enforcement
arrangement, and; the need for all elected officials to stand up to IID until all its
customers are given a voice.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Councilmember Radi noted that he toured the 9/11 memorial in New York City and
found it to be a very powerful experience. He reported that the 9/11 memorial registry
in New York City includes La Quinta's 9/11 memorial located in Civic Center Park.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2017, Mayor Evans reported on her participation in the
following organizations meeting:
EAST VALLEY COALITION
ECONOMIC DEVELOPMENT SUBCOMMITTEE
CITY COUNCIL MINUTES Page 6 of 7 MARCH 21, 2017
La Quinta's representative for 2017, Councilmember Fitzpatrick reported on her
participation in the following organization meeting:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE
La Quinta's representative for 2017, Councilmember Pena reported on his
participation in the following organization meeting:
CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE
COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE
La Quinta's representative for 2017, Councilmember Radi reported on his participation
in the following organization meeting:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
SUNLINE TRANSIT AGENCY
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND
MOVED INTO CLOSED SESSION AT 6:24 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 7.45 P.M. WITH ALL MEMBERS PRESENT EXCEPT
COUNCILMEMBER PENA
City Attorney Ihrke reported that Councilmember Pena recused himself, left the room
and did not participate in Closed Session Item No. 4 due to a potential conflict of
interest, i.e. source of income, as he works for a contractor who does business with
Frontier Communications. City Attorney Ihrke also reported that no actions were
taken in Closed Session on any items that require reporting pursuant to Government
Code section 54957.1 (Brown Act).
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Fitzpatrick/Radi to adjourn at 7:46 p.m. Motion passed: ayes 4, noes
0, absent 1 (Pena).
Respectfully submitted,
n
Digitally signed y Susan Maysels
DN: cn=Susan Maysels, o=City of La Quinta,
V/Auf�
Office, email=smaysels@la quinta.org,
UClerk's
c=US
Date: 2017.04.05 09:55:03-07'00'
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES Page 7 of 7 MARCH 21, 2017