2012 01 24 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
JANUARY 24, 2012
A special meeting of the La Quinta City Council was called to order at the hour of
5:00 p.m. by Mayor Adolph.
PRESENT: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None
Mayor Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT — None
CLOSED SESSION — None
CONFIRMATION OF AGENDA — Confirmed
ANNOUNCEMENTS — None
PRESENTATIONS - None
WRITTEN COMMUNICATIONS
1. REQUEST OF ANDY VOSSLER FOR THE CITY OF LA QUINTA TO
PURCHASE TICKETS TO ERNIE'S DAY, A FUNDRAISER FOR ERNIE AND
MARLENE VOSSLER, SCHEDULED FOR FEBRUARY 6 -7, 2012
Mayor Adolph stated Mr. Vossler requested this matter be presented to the
City Council for consideration.
City Attorney Jenson explained the purchase of tickets would violate the
statute of a gift of public funds, and recommended the City Council deny the
request.
Mayor Adolph stated he has known the Vosslers for many years.
David Kanter, 51780 Avenida Madero, addressed the Council regarding the
private request of Andy Vossler, who works as the manager for the
SilverRock Resort; stated contractors of the City should not receive special
treatment by the City Council and requested the Council deny the request;
and further stated Mr. Vossler's conduct is over - the -top; and further stated
he should not manage any other public facility.
City Council Minutes 2 January 24, 2012
Mayor Adolph explained the special meeting was not called specifically to
consider this request; it was called to consider the nomination of names for
consideration of appointment to the Oversight Committee by Supervisor
Benoit.
Council Member Franklin stated Mr. Vossler has the right as a citizen to
present written communication or speak before the City Council.
Council Member Henderson stated there is no pleasure attached to this
matter; there obviously is a serious legal consideration and conveyed
appreciation of the City Attorney's explanation; stated all are aware of what
a gift of public funds consists of and that the Council is unable to consider
this matter.
Council Member Evans stated many requests have come before the Council
previously; stated she was surprised of the request; there is a process and a
manner for such requests to be placed on the agenda; explained this type of
requests are considered in open session and that her position would have
been to deny the request; further explained the meeting was called to
consider a matter requested by Supervisor Benoit; and thanked Mr. Kanter
for his input.
Council Member Osborne stated the single reason for the special meeting is
strictly for matters relating to the loss of the redevelopment agency and the
request of Supervisor Benoit to recommend names for the Oversight
Committee; stated this request was submitted separately; he further stated
PGA West is a significant asset to the City and has brought a number of
other country clubs in the city; stated it is obvious the City cannot provide
funds to the event; Landmark does an outstanding job with SilverRock
Resort and is making a profit under their management; and concluded the
Council is well aware of the laws it must obey and the inability to provide
funds to the Vossler family.
Council Member Henderson stated the main item on the agenda was
scheduled at the January 17, 2012 meeting for this specific day and time
with the appropriate noticing requirements; and further stated she was
surprised this matter was also placed on the agenda.
Len Wahlert, 81773 Contento,.stated when he first found about this issue
he was upset; thousands of residents in this community are struggling
financially; he was stunned this item has appeared on the agenda;
encouraged local citizens to become involved in local, state and federal
government; further stated with all due respect, when residents speak from
City Council Minutes 3 January 24, 2012
the heart and share their concerns, to be pushed back is unfair, and solicited
patience of the Council.
Mayor Adolph explained he receives requests to bring issues before the
Council; stated he continues to publish his home phone number in the phone
book and is available to take calls; he respectfully disagreed with the
comments made and apologized to Mr. Kanter if he appeared to be abrupt;
and further stated this Council is going to do what is necessary and right.
Mayor Adolph called for a consensus from the Council to deny the request.
The City Council concurred.
APPROVAL OF MINUTES - None
CONSENT CALENDAR - None
BUSINESS SESSION
1. CONSIDERATION OF REDEVELOPMENT SUCCESSOR AGENCY OVERSIGHT
BOARD RECOMMENDATION(S)
Economic Development /Housing Manager Powell presented the staff report.
Council Member Henderson asked if this position is one of the two
appointments of Riverside County Supervisor. Benoit and if the Mayor will
make two additional appointments at a later date. Staff confirmed.
Kay Wolff, 77227 Calle Ensenada, asked what is the hurry for the
appointment of the Oversight Committee; there are too many unanswered
questions relating to the Committee and stated the deadline is May 1st;
much thought needs to be conducted in considering qualified candidates;
asked what property is being disposed of and if any person holding
commercial property has a conflict; stated a person with a financial
background or former council member would be better qualified than a
realtor or developer or a planning commissioner or staff member; there has
not been sufficient notification to the public for qualified candidates to be
submitted; and asked the Council to wait until questions can be answered,
public be informed and potential candidates have time to submit their talents.
Council Member Henderson asked the Interim City Manager Mark Weiss to
address the timeframe. Mr. Weiss explained the deadline is February 1,
2012 for the dissolution of redevelopment agencies, and there is legislation
submitted in Sacramento to extend the deadline to April 2012.
City Council Minutes 4 January 24, 2012
Interim City Manager Weiss explained staff is as frustrated with the
timeframe as the Council and public is; stated the deadline of February 1,
2012 for the dissolution of the redevelopment agency was imposed upon the
City; there is a bit more time for the ' appointment of the Committee, but
there are duties the Committee is to be performing prior to the appointment;
there are complications and uncertainties of the law; further explained the
reason for this special meeting is because Supervisor Benoit has given the
City an opportunity to give input and recommendations for his appointment.
Council Member Henderson stated the Supervisor will be involved in making
appointments to nine oversight committees.
Interim City Manager Weiss confirmed, and explained the Mayor will be
making two appointments as well; stated in talking with other agencies, it is
hopeful that appointments will be made by mid- February, but there is
additional time for the Mayor's appointments; and further stated the matter
presented today is to meet the deadlines provided by Supervisor Benoit.
Mayor Adolph stated he asked the City Attorney if there is any conflict of
interest for the three names suggested.
City Attorney Jenson explained La Quinta Palms Realty has one of the
contracts on the enforceable obligation schedule so Mr. Jim Cathcart, as a
principal of La Quinta Palms realty, would not be able to vote on one of the
first obligations of the Committee which is to verify the enforceable
obligation schedule; if the Oversight Committee were to approve the La
Quinta Palms contract, there may be a 1090 issue on that specific contract.
Council Member Osborne stated the tineframe to set this meeting was
scheduled to accommodate the timefreme set by Supervisor Benoit; and
conveyed appreciation of Supervisor allowing the City to make
recommendations; explained the names compiled must be persons who
understand and have experience with redevelopment agencies and there may
be conflicts of interest with most anyone; and further stated these names
were chosen because of their experience.
Mayor Adolph stated it is important all understand that the Successor
Agency Oversight Board will be dealing with issues which will affect this
City, and there is a need to appoint people who will be supportive of the
actions that need to be taken; and it is important to appoint people who will
be cognizant of the needs of La Quinta.
Council Member Evans stated it is critical to appoint people who have an in
depth knowledge of how redevelopment works; conveyed her support for
City Council Minutes 5 January 24, 2012
Jim Cathcart and John Pena because of their role in the city council; Tom
Kirk has stated he is not able to serve; does not support the consideration of
Bob Wright as she is unsure of his abilities; recommended Tom Hartung and
John Falconer, upon his retirement, because as employees of the City they
have the knowledge needed.
Council Member Henderson stated the Successor Agency will be making
decisions in reference to past decisions and will not have the authority to
create anything new; hopes they determine from the information provided,
what has transpired in the redevelopment agency is accurate and should not
be reversed in order to bring money into the Successor Agency; explained
the Oversight Committee will be telling the Successor Agency what to do,
and any funds that are not returned will go to other agencies. Further stated
candidates must know what the redevelopment agency is; explained
Supervisor Benoit will have two appointments, the Mayor will have two
appointments and there will be other appointments , stated she does not
have a problem with the list of names in the staff report, and supports the
inclusion of Bob Wright as she believes he has what it takes to protect the
City.
Mayor Adolph stated Mr. Wright has been on the Coachella Valley Housing
Coalition for many years.
Council Member Franklin stated the City Council is the Successor Agency
and the decisions that will be made must follow the rules and regulations set
by the Supreme Court, and the Oversight Committee will review those
decisions made; further stated the recommendations must be of persons
who understand complications of redevelopment; conveyed her support of
considering Tom Hartung, John Pena, Jim Cathcart, and Bob Wright.
Mayor Adolph conveyed his support of the persons named; and requested a
short biography accompany the names when provided to Supervisor Benoit
for his review.
Council Member Henderson stated there isn't a name that was announced
she wouldn't want to recommend; and if the City Council wants to
recommend five names that's fine with her.
Council Member Osborne asked if Tom Hartung could qualify as one of the
appointments by the Mayor.
City Attorney Jenson confirmed the qualification of Tom Hartung, but not
John Falconer as he is currently an employee of the City of La Quinta.
City Council Minutes 6 January 24, 2012
Council Member Osborne stated Tom Hartung would be good for the list of
names for an at -large appointment by the Mayor.
MOTION - It was moved by Council Members Franklin /Osborne to approve
the list of names to include John Pena, Jim Cathcart, and Robert Wright as
potential candidates for Supervisor Benoit's consideration for his
appointment of a "member of the public" to the Oversight Board for the City
of Le Quinta as Successor Agency to the La Quinta Redevelopment Agency,
and authorize the Interim City Manager to transmit the list to Supervisor
Benoit. Motion carried unanimously.
STUDY SESSION — None
REPORTS AND INFORMATIONAL ITEMS - None
DEPARTMENT REPORTS — None
MAYOR AND COUNCIL MEMBERS' ITEMS
Mayor Adolph stated the Humana Challenge was a successful event; and
was impressed with the rapid clean -up conducted on Saturday evening from
the windstorm that occurred earlier in the day; and further stated it was a
beautiful week for the City.
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Council Member Henderson stated the City of Oakland has been declared as
the top tourist - attraction City, not only in the State, but abroad; and further
stated the revitalization of the area was conducted with redevelopment
agency funds under the direction of former Mayor George Brown.
PUBLIC HEARINGS - None
ADJOURNMENT
There being no further business, it was moved by Council Members Evans /Franklin
to adjourn. Motion carried unanimously.
Respectfully submitted,
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VERONICA J. MONTECINO, City Clerk
City of La Quinta, California