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2012 04 17 CC MinutesLA QUINTA CITY COUNCIL MINUTES APRIL 17, 2012 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pro Tem Henderson. PRESENT.: Council Members Evans, Franklin, Osborne, Mayor Pro Tem Henderson ABSENT: Mayor Adolph MOTION — A motion was made by Council Members Evans /Osborne to excuse the absence of Mayor Adolph. Motion passed 4 -0. PUBLIC COMMENT - None CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER Council recessed to Closed Session at 2:04 p.m. to and until 4:00 p.m. 4:00 P.M. The City Council meeting was reconvened with no decision being made in Closed Session that requires reporting pursuant to Government Code Section 54957.1 (Brown Act). Council Member Osborne announced that he abstained from discussion on one applicant with whom he has a business relationship. Council Member Franklin led the audience in the Pledge of Allegiance. PUBLIC COMMENT Robert Cox, the City of La Quinta's representative to the Coachella Valley Mosquito and Vector Control Board, spoke for the Board in support of H.R.872 REDUCING REGULATORY BURDENS ACT. Mr. Cox said that H.R.872 states that if pesticides are used in compliance with FIFRA, then no additional permit would be required by the EPA or by the State. If pesticides are not used in compliance with FIFRA, then the applicator could be in violation of the Clean Water Act as well as FIFRA. H.R.872 passed the U.S. House of Representatives but a hold has been placed on the bill in the U.S. Senate. Mr. Cox requested a letter of support for H.R. 872 from individual Council Members or the Council as a whole. CITY COUNCIL MINUTES 1 APRIL 17, 2012 Mayor Pro Tern Henderson received verbal consensus from Council for staff to send to State Senators a letter supporting H.R. 872. In closing, Mr. Cox clarified the recent article in newspapers by stating it was incorrect. The CVMVCB is not building a new lab. It is expanding along one wall to accommodate in -house testing. CONFIRMATION OF AGENDA - Confirmed 1. PRESENTATION OF PROCLAMATION IN HONOR OF MENTAL HEALTH MONTH AS MAY 2012'TO RIVERSIDE COUNTY DEPARTMENT OF MENTAL HEALTH Mayor Pro Tern Henderson presented Bonnie Gillgallon, member of the Riverside County Desert Regional Mental Health Board, with a proclamation acknowledging May as Mental Health Month. 2. INTRODUCTION OF THE NEW LA QUINTA MUSEUM MANAGER Barbara Bowie, Desert Zone Library Manager, introduced the new La Quinta Museum Manager Anne Phillips, who thanked the Council for the honor of working at the Museum. WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES MOTION — A motion was made by Council Members Evans /Franklin to approve the City Council Minutes of April 3, 2012 as presented. Motion passed 4 -0 -1 absent. CONSENT CALENDAR MOTION — A motion was made by Council Members Franklin /Evans to approve the Consent Calendar as recommended, with Item No. 6 being adopted by RESOLUTION NO. 2012 -008. Motion passed 4 -0 -1 absent. BUSINESS SESSION 1. CONSIDERATION, OF THE SILVERROCK RESORT 2012/2013 ANNUAL PLAN AND ADOPTION OF A RESOLUTION ADJUSTING THE RESIDENT CARD FEE Park and Golf Manager Steve Howlett presented the staff report. CITY COUNCIL MINUTES 2 APRIL 17, 2012 Council Member Osborne asked for clarification on the $129,633 expenditure item. Community Services Director Hylton explained it was an allocation of the Golf /Park Manager's time and overhead costs associated with annual contract management for SilverRock. In response to Mr. Osborne, Finance Director Falconer said that the surplus of $146,344 expected this year does reduce the General Fund advance to SilverRock, and the funds are accruing interest. Mr. Osborne asked for confirmation that all the revenue from the sale of Resident Cards went to the SilverRock fund. Community Services Director Hylton confirmed the statement as accurate. Council Member Evans proposed reducing city costs for SilverRock operations by moving responsibility for the issuance of Resident Cards to Landmark Golf Management, LLC ("Landmark"). Ms. Evans noted that at present, the Resident Card applies only to SilverRock and the transfer of responsibility would be beneficial for residents, Landmark and the city. Residents would be able to tour the facility and see firsthand the benefits of purchasing the card. For Landmark, the onsite service would draw residents to the course, restaurant and shops, and the city would see a reduction in staff and supply costs. Community Services Director Hylton said that the transfer of that task was a possibility and there would be some city savings represented by the cost associated with a portion of an Office Assistant's time and the related materials for producing cards. Council Member Franklin read an e-mail from Director Hylton outlining the demographics of a sampling of 1,000 Resident Card holders. Of the 1,000 sampled, about ' / 4 held driver licenses with La Quinta addresses, about '/4 were Canadian residents, about '/4 were from other California cities, and about ' A were from other U.S. States. Ms. Franklin noted that although all card holders are La Quinta property owners, only the '/4 with La Quinta addresses on their licenses are probably full -time La Quinta residents. Ms. Franklin suggested that the name of the card be changed from Resident Card to SilverRock Discount Card so that a true Resident Card can be developed with the Chamber of Commerce and issued in the future. Lastly, Ms. Franklin agreed that the cards should be issued by Landmark if possible because it applies only to SilverRock and it provides opportunities for Landmark to give mini tours, distribute historic info about the site, or offer specials. Mayor Pro Tem Henderson agreed that issuing the card at the location of use is a good idea, and also agreed that current name of the card is misleading. Ms. Henderson explained that there have been many discussions and attempts to expand the use and programs connected to the Resident Card. Past attempts have brought many challenges due to the complications of mixing discounts of a city - controlled enterprise with discounts offered by private business. Ms. Henderson CITY COUNCIL MINUTES 3 APRIL 17, 2012 said there was still an opportunity to pursue a resident card program in the future, perhaps in cooperation with the Chamber of Commerce. Mayor Pro Tem Henderson suggested that Council take up the two issues presented in the staff report separately, i.e. approval of the annual plan, and the Resident Card annual fee. MOTION - A motion was made by Council Members Franklin /Osborne to approve the 2012/2013 Annual Plan as submitted by Landmark Golf Management, LLC which projects operating expenses of $3,506,738 and revenues of $3,668,705 for an operating increase of $161,967. Motion passed 4 -0 -1 absent. Mayor Pro Tem Henderson opened the floor to Council Members for discussion regarding the annual fee for Resident Cards. Council Member Franklin proposed increasing the annual Resident Card fee to $70, changing the name of the card, and transferring responsibility for issuing card to Landmark. Council Member Osborne pointed out that SilverRock was built using property taxes paid by all property owners whether they live in La Quinta full time or part time and that is why the criterion for Resident Card holders is property ownership. He noted that the Resident Card fee was originally $15 /year, and last year it jumped to $70/3 years. Mr. Osborne said he does not think those who paid for the development of SilverRock through their tax payments should pay increased card fees. Council Member Evans stated that the card name change should be explored and she would like to see Landmark take over distribution of the cards. Ms. Evans explained that she was a proponent of the fee increase last year to $70 /3years, but given that Council is about to start the budget review process which will encompass the examination of many types of city fees, it is premature to make an isolated decision now on just these card fees. Ms. Evans stated that she is not in support of changing the fee to $70 /year at this time, but would like to see it as part of the overall budget discussion, Mayor Pro Tem Henderson stated that there was a legitimate reason for an increase, and offered a compromise. She suggested lowering the fee from the $70 /year recommended in the report to $50 /year or $150/3 years which would be an increase over the existing fee, yet lower than that proposed in the staff report. Council Member Osborne stated that Mayor Pro Tem Henderson's proposal was reasonable because although it was an increase, it was not triple the current fee. He shared that the Chamber of Commerce has discussed adding benefits to the CITY COUNCIL MINUTES 4 APRIL 17, 2012 Resident Card, and suggested that the Chamber be invited to bring a proposal to Council for expanded use of the card. Randy Duncan, Landmark's General Manager of SilverRock was invited to speak. He informed Council that the plan they approved earlier does not contemplate the added task of issuing Resident Cards; if this is transferred to his company, minor changes may have to be made to the annual plan. Interim City Manager Weiss notified Council that the proposed budget coming before them shortly included a program change which transfers card - issuing responsibility to Landmark, and requested that Council consider it as part of the budget discussions. Council Members verbally agreed. Interim City Manager Weiss provided background on the Resident Cards since he was on staff when the cards were initiated. He said that it was originally intended to be a resident card but that over time, it was liberalized to include people who could show that they had some presence in La Quinta whether it was via homeownership or rental. He stated that it would be staff's preference to address the name and criteria for the card at a later date. Mayor Pro Tern Henderson suggested postponing discussion on the name of the card until summer when the big issues, such as the budget would be settled. MOTION — A motion was made by Council Members Osborne /Franklin to adopt RESOLUTION NO. 2012 -009 increasing the SilverRock Resident Card fee to $50 per year or $150 for 3 years, whichever is more beneficial in staff's opinion. RESOLUTION NO. 2012 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 2010 -029 RELATING TO THE GOLF COURSE RATE SCHEDULE Motion passed 3 -1 -1 with Council Member Evans dissenting, and Mayor Adolph being absent. 2. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1, FOR FISCAL YEAR 2012 -2013, AND A RESOLUTION DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1, AND GIVING NOTICE THEREOF Public Works Director Jonasson presented the staff report. CITY COUNCIL MINUTES 5 APRIL 17, 2012 Council Member Osborne asked if the original Landscape and Lighting District ( "L &L District ") study included park maintenance, and if not, what the assessment cost would be to cover parks. Director Jonasson stated that according to his research, parks were never included in the L &L District. Director Jonasson estimated that to cover costs, the L &L District assessment would increase from $35.60 to $52.28, and to cover parks, the estimated assessment would be an additional $62 per E.D.U. (equivalent dwelling unit). Council Member Osborne stated that the city will have to go to the public to cover these costs sooner or later. Council Member Evans stated that an assessment was a more reasonable approach to covering costs in that it spreads the need for increased revenue across the board rather than singling out the golf crowd, or the park crowd or the AYSO crowd. She noted that it was time for Council to look at these issues and make plans for changes. Public Speaker: Kay Wolff, 77227 Calle Ensenada, La Quinta. Ms. Wolff stated that this right -of -way deficit will not go away, and has been going on for several years, along with the deficit in the park fund. She stated that the deficit has been mounting for many years during Council's watch and asked why Council has not addressed it - even during non - election years. She expressed her belief that to raise fees during an election year shows leadership, and that the public could be persuaded to support it due to the level at which residents value city parks and trails. Ms. Wolff stated that assessments would be approved if the fees are fair and shared, there is also belt tightening across the board, such as an increase to the SilverRock golf fee, the service provided is visible and valued, and increases in fees are incremental. She concluded by asking Council to balance the budget and raise fees. Council Member Osborne noted that Council just raised fees in its last motion and it is an election year. Mayor Pro Tem Henderson acknowledged that Council has postponed action on these issues for many years by "kicking the can down the road ", but increases will have to be addressed soon. In response to Council Member Osborne, Interim City Manager Weiss explained the assessment process. He said that voter approval of an assessment is not tied to a November election, but can go as a mail ballot at any time and requires a vote of 50 % +1 for passage. Prior to a vote, an engineering analysis is required to show that the assessment is properly spread. Mayor Pro Tem Henderson sought and received verbal consensus from Council to add to the 2012/2013 budget, the funds to do the engineering analysis for an CITY COUNCIL MINUTES 6 APRIL 17, 2012 assessment district that could be put to vote and if approved, in place for Fiscal Year 2013/2014. MOTION - A motion was made by Council Members Osborne /Evans to adopt the following resolution: RESOLUTION NO. 2012 -010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2012/13 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1 Motion passed 4 -0 -1 absent. MOTION - A motion was made by Council Members Osborne /Evans to adopt the following resolution: RESOLUTION NO. 2012 -011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF Motion passed 4 -0 -1 absent. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Coachella Valley Association of Governments, Conservation Committee ("CVAG - CC") and Environmental Committee ( "CVAG -EC ") - Council Member Evans reported that CVAG -CC is contemplating some minor parcels, and the CVAG -EC approved the strategic goals for the coming year. Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Evans announced that the Hospitality Award and unveiling of the new brand is scheduled for May 8`". She will attend along with Marketing Manager Casillas and Community Services Director Hylton. Coachella Valley Association of Governments, Public Safety Committee - Mayor Pro Tern Henderson reported that another committee was formed to discuss U.S. border issues. Ms. Henderson also reported that the number of county prisoners being released to the Coachella Valley has decreased to 176 people. CITY COUNCIL MINUTES 7 APRIL 17, 2012 League of California Cities, Executive Board - Mayor Pro Tem Henderson reported that Erin Sasse, the new Regional Public Affairs Manager, was introduced. Regarding the proposed Government Performance and Accountability Act, proponents are moving cautiously due to opposition from the Governor, the Senate, unions and environmentalists. The group got all the signatures required to put the Act on the ballot as a Constitutional amendment and are leveraging that to get legislation to enact many aspects of the Act. Ms. Henderson cautioned Council to scrutinize the language that promoters of the Act consider vitally important regarding the statement that state, county and cities have the same goals. Ms. Henderson warned that this would be detrimental to La Quinta especially in regards to future redevelopment and housing bills and actions. DEPARTMENT REPORTS City Attorney Jenson reported that on her attendance at the second meeting between city attorneys in Riverside County and the County District Attorney ( "DA "). She stated that, unlike past years, the DA now takes the position that the DA's office has the authority to criminally prosecute improper disclosure of items from closed sessions under Government Code Section 1222 "Willful Omission to Perform any Duty Enjoined by Law of a Public Officer." Ms. Jenson distributed a memo on this subject to Council and the Interim City Clerk. Planning Director Johnson reported on the activities of the first Coachella Fast weekend. Council Members thanked Director Johnson for his responsiveness to La Quinta residents during the long weekend. Council Member Franklin commended Director Johnson, city staff and the Council for the time and effort spent on building relationships with GoldenVoice and the City of Indio. MAYOR'S AND COUNCIL MEMBERS' ITEMS Council Member Evans displayed the Compass Blueprint Excellence award for Visionary Planning for Prosperity from the Southern California Association of Governments for the city's Wolff Waters Place affordable housing complex. ADJOURNMENT There being no further business, it was moved by Council Members Osborne /Franklin to adjourn at 5:28 p.m. Motion passed 4 -0 -1 absent. Respectfully submitted, Susan Maysels, Inte im City Clerk City of La Quinta, California CITY COUNCIL MINUTES 8 APRIL 17, 2012