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2012 03 06 CC MinutesLA QUINTA CITY COUNCIL MINUTES MARCH 6, 2012 A regular meeting of the La Quinta City Council was called to order at the hour of 4:00 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Osborne and Mayor Adolph ABSENT: None Mayor Adolph led the audience in the Pledge of Allegiance. CLOSED SESSION — NONE PUBLIC COMMENT Patrick Swarthart, 86100 Avenue 58, La Quinta, presented a Certificate of Appreciation on behalf of the Imperial Irrigation District's Board of Director and the Energy Consumer Advisory Committee to Council Member Franklin for her spirit and dedication. CONFIRMATION OF AGENDA - Confirmed PRESENTATIONS 1. PRESENTATION OF A RESOLUTION FROM THE COACHELLA VALLEY MOUNTAINS CONSERVANCY HONORING STANLEY SNIFF Council Member Franklin presented the resolution to Mrs. Sniff and Sharon Sniff honoring the late Council Member Stan Sniff's years of hard work and service to the Coachella Valley Mountains Conservancy. 2. PRESENTATION OF A PROCLAMATION TO LA QUINTA POLICE CHIEF RAYMOND GREGORY Mayor Adolph presented a proclamation to outgoing La Quinta Police Chief Raymond Gregory to honor and thank him for his distinguished service and dedication to the La Quinta community. WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES CITY COUNCIL MINUTES 1 MARCH 6, 2012 1. APPROVAL OF MINUTES OF FEBRUARY 21, 2012 MOTION - A motion was made by Council Members Evans /Franklin to approve the City Council Minutes of February 21, 2012 as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MARCH 6, 2012 2. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32279, PALO VERDE, STANDARD PACIFIC COACHELLA VALLEY 3. DENIAL OF CLAIM FOR DAMAGES FILED BY REX P. LOTH; DATE OF LOSS JANUARY 5, 2012 4. APPROVAL OF CITY COUNCIL GOALS FOR FISCAL YEAR 2012/2013 MOTION - A motion was made by Council Members Evans /Franklin to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1. CONSIDERATION OF A COST SHARING AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COACHELLA VALLEY WATER DISTRICT FOR DESIGN OF THE RECONSTRUCTION OF THE COACHELLA CANAL, A REGIONAL WATER CONVEYANCE SYSTEM WITHIN THE SILVERROCK PROPERTY, AND APPROPRIATION OF FUNDING FOR THE AGREEMENT FROM THE QUIMBY FUND Public Works Director Jonasson presented the report. In response to Council Members Henderson, Osborne, and Evans, Director Jonasson explained that the demolition under alternative /f2 would involve jackhammering the concrete canal and back filling it; the L4 station would be moved towards Jefferson and new pipes installed, all of which is included in the $1.6 million budget; Coachella Valley Water District (CVWD) plans to install a 102 " -108" single pipe - the dual pipe alternative is no longer under consideration. Regarding course disruption, Director Jonasson stated that the canal could be constructed over one summer (May to September) to minimize downtime. Mayor Adolph pointed out that an easement would be needed for the portion of private property the pipeline crosses at the end of Avenue 54.. Director Jonasson CITY COUNCIL MINUTES 2 MARCH 6, 2012 confirmed that an easement will be necessary and it would be an additional cost to the project. In response to Council Member Franklin, Director Jonasson said that it will be CVWD's responsibility to jackhammer the canal and fill it so that it is safe, but negotiations will include the quality of the final product. City Attorney Jenson informed Council that there are ownership and easement issues to be researched and resolved regarding title to the canal, and that it was probable that a Quiet Title action would be necessary. Regarding the use of Quimby funds, City Attorney Jenson stated that approval from the two nearby developments was not needed. Council Member Henderson noted that it was Council's decision as to whether the project met the criteria or not. Director Jonasson stated that the Desert Valley Builders Association (DVBA) supports this use of QUIMBY funds. At the Mayor's request, City Attorney Jenson reminded Council that based on an independent opinion letter, public improvements at SilverRock have no impact on the Mayor's property interests at his PGA West residence. MOTION - A motion was made by Council Members Osborne /Franklin to approve a cost sharing agreement with the Coachella Valley Water District (CVWD) for the design of the reconstruction of the Coachella Canal within the SilverRock Resort Property, and authorize the Interim City Manager to execute the agreement subject to minor revisions by the City Attorney, and appropriate funds for this project in the amount of $200,000 from the Quimby Fund and make the following findings relating thereto: (a) The use of Quimby Funds to fund the proposed contract will assist in the rehabilitation and enhancement of the SilverRock Resort recreational facilities and the future 40 -acre park site on the southwest corner of Avenue 52 and Jefferson Street; (B) The residents of the subdivision that provided the funding to be used for the proposed expenditure (Watermark Villa's LLC tract 32070) will be directly and indirectly benefited by the proposed enhancement and rehabilitation of these facilities; (c) There is a reasonable relationship between the need created by the development of the above referenced subdivision and the proposed enhancement and rehabilitation of these facilities. Motion passed unanimously. 2. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE REGARDING THE POTENTIAL WIDENING OF FRED WARING DRIVE, BETWEEN ADAMS STREET AND PORT MARIA ROAD CITY COUNCIL MINUTES 3 MARCH 6, 2012 Public Works Director Jonasson i presented the staff report. He stated that an agreement between the County and Coachella Valley Association of Governments (CVAG) for project funding should be final in about two months, and the County estimates that the project will start in 12 to 18 months. Mayor Adolph asked for assurance that the City will have no liability or financial responsibility regarding the location or if necessary, the relocation of power poles due to this street widening. Director Jonasson confirmed that all responsibility and costs would be borne by the County and CVAG, not the City. Council Member Henderson concurred and added that city involvement is simply to assist the County to make this widening option possible in order to make the residents happy. MOTION - A motion was made by Council Members Evans /Franklin to approve the Memorandum of Understanding and the.Second Amendment to the License and Indemnity Agreement with the County of Riverside regarding the potential widening of Fred Waring Drive, between Adams Street and Port Maria Road, subject to any minor revisions approved by the City Attorney and Interim City Manager, and authorize the Interim City Manager to execute the same. Motion passed unanimously. . 3. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW GRANT REQUESTS Community Services Director Hylton presented the staff report. MOTION - A motion was made by Council Members Evans /Franklin to establish an Ad Hoc Committee to review grant request, and to appoint Council Members Osborne and Henderson as its members. Motion passed unanimously. 4. CONSIDERATION OF THE SELECTION OF TWO COUNCIL MEMBERS FOR THE AD HOC BUDGET SUBCOMMITTEE. Management Analyst Santana presented the staff report. Council Member Henderson stated for the record that she does not believe this subcommittee is necessary. MOTION - A motion was made by Council Members Franklin /Evans to establish an Ad Hoc Budget Subcommittee, and to appoint Council Members Osborne and Evans as its members. Motion passed unanimously. CITY COUNCIL MINUTES 4 MARCH 6, 2012 STUDY SESSION 1. DISCUSSION OF MANAGEMENT ALTERNATIVES FOR THE UNDEVELOPED PROPERTY AT SILVERROCK RESORT Council Member Osborne announced that he has a client involved in this item and recused himself. Golf /Park Landscape Manager Howlett presented the staff report. Council Member Henderson suggested that if La Quinta Farms is selected, negotiations might include profit- sharing with the City. Ms. Henderson expressed concern that the Environmental Protection Agency's (EPA) equipment could be an eyesore, especially if the area is used to repair equipment. She also had concerns about the increased truck activity in the area by EPA vehicles. Manager Howlett responded that based on information in EPA's proposal letter and his subsequent discussions with EPA, this site would not be used for vehicle repair — their Coachella yard serves that purpose; only clean, operational water trucks, water towers and square glue containers would be stored; the equipment would be fenced and screened from view; and the level of activity in and out would be minimal. Council Member Henderson confirmed with Manager Howlett that farmers are exempt from PM10 regulations by Air Quality Management District (AQMD) for the acreage under cultivation, but that every reasonable effort would still be made to control dust on windy days. Regarding rent or profit sharing from operations on the property, City Attorney Jenson explained that the majority of this undeveloped property was purchased with tax - exempt bond funds so there are restrictions on collecting rent or sharing profits. As with the current contract, an exchange of land use for PM10 services is permissible, so in lieu of rent, a new contract could increase the number of acres the tenant is responsible to maintain, or require payments to reduce the PM10 costs the city incurs to maintain the property. Council Member Evans summarized the current users of portions of the SilverRock property as Landmark Golf, La Quinta Farms' grass fields, and EPA water and glue equipment storage. Regarding irrigation, Manager Howlett stated that La Quinta Farms is supplied water at the farm rate by CVWD from a well at the north end and.a retention basin. The water is supplied to the fields by two large pumps and 100 acres of piping supplied by La Quinta Farms. Landmark's proposal contemplates the use of CITY COUNCIL MINUTES 5 MARCH 6, 2012 SilverRock golf course pump system, and they would supply their own piping as needed. Council Member Evans requested clarification on the Landmark proposal regarding their ability to include a vegetable stand; the types of grasses and acreage for each currently being grown; and the reasons for the difference between La Quinta Farms current arrangement and their proposal. In response to Council Member Franklin, La Quinta Farms farmers Bret and Joe Mannion replied that they plan to grow tomatoes, corn, strawberries, cucumbers, cauliflower, broccoli, cabbage, lettuces, watermelon, cantaloupe, and probably artichokes. The Farmers stated that they operate the fruit stand at the corner of Highway 111 and Madison, and know from experience that the first year of operation will be a loss due to the initial investment required. After the second year, they would expect a return on their investment, and after the third, would expect a profit. Their expectations depend greatly on the economy and if local buyers support the fresh vegetable stand. They believe a stand location at Avenue 52 and Jefferson is very favorable. Mr. Mannion stated that they would be very willing to submit their financial information to the city and wish for a fair arrangement. He also stated. that although farmers do have more lenient regulations regarding dust control, they maintain control of dust at a high level because they are mindful of neighbors and roadways. Council Member Franklin's concern about traffic safety and costs to the city were addressed by Manager Howlett. He stated the city's costs would be for Planning Department staff time in processing the necessary permits for the stand, as well as Public Works Department staff time for arranging a safe flow of traffic into and around the stand. Mr. Mannion explained how and where he planted the Sudan grass to hold the sand down for dust control. He added that areas not able to sustain any plantings are wet down during windy periods. Mayor Adolph believes residents are looking forward to the growth and sale of local vegetables at a stand. The Mayor questioned the additional wear and tear on Avenue 54 from EPA's ten trucks and eight w er towers, and the noise they will add to the residential areas around there. Man, er Howlett responded that EPA's proposal calls for minimal traffic in and out of the site. When their equipment is needed for a construction project, it will be brought to that project site and left for the duration - it will not continuously come and go from the SilverRock land. Mayor Adolph and Council Member Henderson stated that they do not believe a vegetable stand would impact the Sunday morning farmers' market in Old Town or the Old Town businesses. CITY COUNCIL MINUTES 6 MARCH 6, 2012 In response to Council Member Franklin, Community Services Director Hylton explained that dust management of the property requires both vegetative stabilization with farming, and gluing on the steep grades along the perimeter and on some hotel pads where farming is not possible. She added that staff recommends formalizing the current informal agreement with EPA for gluing services in exchange for permitting EPA to store equipment on the site. Council Member Franklin stated for the record that she was unhappy with the arrangement with EPA because of the enforcement effort it would require. The condition of the equipment, frequency in and out, noise, etc. will have to be monitored. Interim City Manager Weiss acknowledged this and added that the arrangement saved the city approximately $100,000 a year in gluing costs. Mayor Adolph asked Manager Howlett about other proposals. Manager Howlett stated that he contacted multiple businesses, was willing to entertain all possible uses, but in the end found only two interested parties — La Quinta Farms and Landmark Golf. Council Member Evans asked if both companies, La Quinta Farms and Landmark Golf, were capable of PM10 maintenance to current standards. Manager Howlett responded affirmatively. Council Member Henderson noted that she favors negotiating with La Quinta Farms, and with regard to EPA's use, she would like an arrangement whereby any change in activity level is immediately reported to the city so it can evaluate and react. Council Member Evans said that the $10,000 difference in proposals should be addressed in negotiations. Ms. Evans stated that she did not have a preferred proposal. Council Member Franklin added that she did not have a preferred proposal either. Interim City Manager Weiss said that he was hearing some consensus to begin negotiations with La Quinta Farms, so staff will start there, and return to Council for approval of any agreement. REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Evans announced that the CVA will be reducing their meetings to six times a year. 6 CITY COUNCIL MINUTES 7 MARCH 6, 2012 Coachella Valley Conservation Commission Council Member Evans reported that CVCC has purchased 260 acres for $118,000 from an unpaid tax parcel sale through the County. This acreage is to be added to the multi species habitat. League of California Cities - Council Member Henderson announced details of the League's general membership meeting in Corona on March 19'". A guest speaker will be from California Forward, the organization pushing the referendum she opposes. There will also be a City Select Committee meeting prior to the general meeting at which appointments will be made to League committees. Coachella Valley Association of Governments, Homelessness Committee - Council Member Osborne reported that Jewish Family Services which operates Roy's Shelter is preparing a reduced budget which he will bring back to the Council along with their funding level request. IID Energy Consumers' Advisory Committee - Council Member Osborne reported that they are negotiating with the companies producing solar /wind power to use transport lines to bring the power to San Diego. Sunline Transit Agency - Mayor Adolph reported on the upcoming strike, and Sunline's assurance that service. will not be disrupted. Coachella Valley Water District - Mayor Adolph reported that sampling from the new recharge stations, from 600 yards to over nine miles.away, showed a rise in water level in every case. The Mayor stated that tiered rating would continue and water bills will go up a little over the next year. Coachella Valley Association of Governments - Mayor Adolph informed Council that the new Southern California Association of Governments (SCAG) representative is Ms. Watson of Indio. South Coast Management District approved the parkway, although several cities have Council members who oppose it. Mayor Adolph informed Council that the city was misrepresented in the media. It stated that the city made a funding commitment to Roy's Shelter, which is a false statement. The Council decided over the years to fund east valley organizations that benefited La Quinta residents. The Council has given $50,000 to Martha's Village, $50,000 to the Coachella Valley Rescue Mission, $3,000 for bus passes, etc. He said it was a shame the city's contributions were not recognized. DEPARTMENT REPORTS Planning Director Johnson provided an update on meetings with HOAs regarding GoldenVoice including the news that GoldenVoice will reimburse all HOAs the cost of private security. No after -party permits will be issued by La Quinta or Indio. CITY COUNCIL MINUTES 8 MARCH 6, 2012 Council Member Henderson recommended keeping a check on events and home parties during the days before and after the weekend concerts. MAYOR'S AND COUNCIL MEMBERS' ITEMS Council Member Franklin reminded Council that the Taste of La Quinta event is scheduled for March 17' in Old Town. Ms. Franklin also reported that the Chamber of Commerce meeting membership level is steady and their accounts are in the black. Council Member Henderson expressed she was surprised at the large number of registered borrowers noted in the library report - 39,388. PUBLIC HEARINGS — NONE ADJOURNMENT There being no further business, it was moved by Council Members Henderson /Franklin to adiourn at 6:01 p.m. Motion carried unanimously. Respectfully submitted, Susan Maysels Interim City Clerk City of La Quints, California CITY COUNCIL MINUTES 9 MARCH 6, 2012