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2012 05 15 CC MinutesLA QUINTA CITY COUNCIL MINUTES TUESDAY, MAY 15, 2012 A regular meeting of the La Quinta City Council was called to order at the hour of 3:02 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT - none CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND TERRY DEERINGER, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS 2. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION (CITY MANAGER) 3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6, CITY DESIGNATED REPRESENTATIVE: BOBBI PECKHAM, UNREPRESENTED EMPLOYEE (CITY MANAGER) The City Council recessed to Closed Session to and until 4:00 p.m. The City Council meeting was reconvened at 4:02 p.m. In accordance with Government Code §54957.1 (Brown Act), the decision reached by Council in Closed Session regarding the appointment of a City Manager was announced. See Business Session Item No. 4 of this agenda. Mayor Adolph led the audience in the Pledge of Allegiance PUBLIC COMMENT Public Speaker: Robert Sylk, 79675 Rancho Santa Margarita, La Quinta — Mr. Sylk provided an update on California Bio Mass. He stated that the committee has approximately 150 signatures. He thanked the City for Interim City Manager Weiss' and Principal Planner Nesbit's assistance. Although he realizes the odor problem is outside the City's jurisdiction, he asked for more help from the City because the odor affects La Quinta residents. Mr. Sylk announced that there is a CITY COUNCIL MINUTES 1 MAY 15, 2012 meeting planned for June 19 at the Trilogy clubhouse, and asked a City representative to attend. Council Member Franklin informed Mr. Sylk that she and Council Member Osborne had a meeting set for tomorrow with the Air Quality Management District (AQMD) and County Supervisor Benoit `to discuss a resolution to the intermittent odor problem, which will first require the identification of the source or sources. Council Member Henderson said that while meeting .on another matter, she alerted Supervisor Benoit to this problem. Council Member Evans announced that she has invited Supervisor Benoit to a June Council meeting to give a presentation on this matter. Mayor Adolph explained that the City and the County have been in contact since the Mayor learned of the problem, and once the source is determined, the City will do everything possible to resolve the problem. Mayor Adolph announced that longtime resident Joe Walser, Jr. died last week. Along with Gerald Barton and Ernie Vossler, Joe Walser Jr. was a developer with vision in the early days of the City when there was little else but open desert here. Mr. Walser passed away last week, and on behalf of the City, the Mayor extended his deepest sympathies to the Walser family. Mayor Adolph said that he attended a program at the Ben Franklin School last night where the children presented projects and information on health and environmental issues. It was a wonderful program, and on behalf of the City, the Mayor, extends his thanks to the school teachers and staff for educating children, especially on these important health and environmental matters. CONFIRMATION OF AGENDA By a consensus of Council, Business Item No. 4 will be taken up first in the Business Session section. PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES MOTION - A motion was made by Council Members Evans /Franklin to approve the City Council Minutes of May 1, 2012 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 15, 2012 2. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2012 CITY COUNCIL MINUTES 2 MAY 15, 2012 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2012 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31732, PALIZADA, KB HOME COASTAL, INC. [RESOLUTION 2012 -0131 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31732, PALIZADA, KB HOME COASTAL, INC. [RESOLUTION 2012 -0141 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31733, PALIZADA, KB HOME COASTAL, INC. [RESOLUTION 2012 -0151 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31733, PALIZADA, KB HOME COASTAL, INC. [RESOLUTION 2012 -0161 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 33336, PALO VERDE II,. STANDARD PACIFIC CORP [RESOLUTION 2012 -0171 9. APPROVAL TO EXCUSE COMMISSIONER ROBERT WILKINSON'S ABSENCE FROM THE MAY 8, 2012 PLANNING COMMISSION MEETING 10. APPROVAL TO EXCUSE BOARD MEMBER JENNIFER DONAIS FROM THE MAY 9, 2012 INVESTMENT ADVISORY BOARD MEETING 11. APPROVAL TO EXCUSE BOARD MEMBER DAVID PARK FROM THE MAY 9, 2012 INVESTMENT ADVISORY BOARD MEETING 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR PARCEL MAP 33954, PHOENIX ROW 111, LLC [RESOLUTION 2012 -0181 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 33954, PHOENIX ROW III, LLC [RESOLUTION 2012 -0191 14. PULLED > > APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2012/2013 CITY COUNCIL MINUTES 3 MAY 15, 2012 15. ADOPTION OF A RESOLUTION TO REAFFIRM ADOPTION 'OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152 (RESOLUTION 2012 -0201 16. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR FIVE CITY COUNCIL MEMBERS TO ATTEND THE 2012 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE SEPTEMBER 5 -7, 2012 IN SAN DIEGO, CALIFORNIA 17. APPROVAL OF A JOINT USE OF FACILITY AND SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY 18. APPROVAL OF A CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT WITH VERMILLION'S ENVIRONMENTAL PRODUCTS & APPLICATIONS, INC. FOR SILVERROCK RESORT UNDEVELOPED PROPERTY 19. ADOPTION OF A RESOLUTION APPROVING REVISIONS TO THE CITY CLERK'S JOB DESCRIPTION AND SALARY RANGE ADJUSTMENT (RESOLUTION 2012 -0211 20. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CLEARSOURCE FINANCIAL CONSULTING TO COMPLETE A COMPREHENSIVE FEE AND RATE STUDY AND APPROPRIATION OF FUNDS Council Member Osborne announced that he has a conflict with Consent Calendar Item No. 14 due to a business relationship. MOTION - A motion was made by Council Members Evans /Franklin to approve the Consent Calendar as recommended with the exception of Item No. 14, and with Item Nos. 4, 5, 6, 7, 8, 12, 13, 15 and 19 being approved as Resolution Nos. 2012 -013 through 2012 -021 respectively. Motion passed 5 -0. ITEM NO. 14 MOTION - A motion was made by Council Members Evans /Franklin to approve Item No. 14 of the Consent Calendar as recommended. Motion passed 4 -0 -1. Council Member Osborne abstained due to a conflict of interest. BUSINESS SESSION 4. CONSIDERATION OF APPOINTMENT OF CITY MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT FOR SELECTED CITY MANAGER CANDIDATE CITY COUNCIL MINUTES 4 MAY 15, 2012 City Attorney Jenson announced that Council reached a unanimous decision to appoint Frank J. Spevacek as City Manager of the City of La Quinta effective June 4, 2012. Ms. Jenson stated that Council has directed that the blanks in the employment contract before them be filled in as follows: Section 6. The annual base salary will be $195,000 per year. Section 11C. The one -time payment for transition expenses will be $15,000 payable on June 4, 2012. MOTION - A motion was made by Council Members Henderson /Evans to appoint Frank J. Spevacek as City Manager effective June 4, 2012, and approve the Employment Agreement between the City and Frank J. Spevacek as contained in the staff report and filled in as noted by the City Attorney above, and to authorize the Mayor to execute the agreement. Motion passed unanimously. 1. CONSIDERATION OF A RESOLUTION REVISING FACILITY USE FEES FOR PARK AND FACILITY RENTALS, INITIATING YOUTH PLAYER FEES FOR SPORTS FACILITIES, AND REVISING FEES FOR SENIOR CENTER LUNCHEONS AND BRIDGE GROUPS Recreation Supervisor Ambriz presented the staff report regarding facility use fees for park and facility rental, Community Services Director Hylton presented the staff report regarding youth player fees, and Recreation Supervisor Calderon presented the staff report regarding senior center fees. Council Members questioned staff on several issues for clarification, and then the Mayor opened the floor to public comment. Public Speaker: Anthony Manriquez, 45020 Bridgette Way, La Quinta - President of La Quinta Youth and Sports Association (baseball). Mr. Manriquez asked Council to reject any fee for recognized city- sanctioned youth sports associations. Association charges $115 per child to cover its costs for field prep, equipment, insurance, etc. No money is made on their fees; only the snack concession makes money. The city could look at charging non - residents but La Quinta residents already pay taxes for the fields. In response to Council Member Evans, he said that the Association seldom increases its fee; they have scholarships, but not many. Public Speaker: Jose "Manny" Becerra, 82836 Crawford Drive, Indio - Regional Commissioner. Mr. Becerra opposed fees because the alternative is often crime, and many families with a few children may not be able to afford the additional $75 for three kids. He said he doesn't believe non - residents should be charged a higher fee because they shop for equipment in La Quinta. In response to Council Member Evans, he said the AYSO fee per child is $90, and it has not been raised for seven years. AYSO offers 40 to 100 scholarships. It is an all- volunteer organization which makes no profit but operates at a loss. CITY COUNCIL MINUTES 5 MAY 15, 2012 Public Speaker: Tracy Powers, 53700 Avenida Madero, La Quinta AYSO Board Member. He stated that he is a father of three young children, and a Coachella Valley merchant. He stated that he supports balancing the city budget, and residents should be willing to pay appropriately for city services,'but the proposal to raise fees on sports organizations is not appropriate because it fails to recognize that the greatest service a community can provide is the care and development of its youth. This is a benefit to the entire community, and this proposal punishes the lowest income children with a pay -to -play tax: The entire community should be asked to pay. Mr. Powers suggested the solution is to either assess $1 per month on La Quinta's 23,000 homes or increase sales tax by .1 % to cover the shortfall. He stated that the path of least resistance is not the way to go. Public Speaker: Kathleen Fitzpatrick, 81824 Contento Street, La Quinta - Chair of the Community Services Commission. She stated that the Commission takes this recommendation very seriously. Since the passage in 1978 of Proposition 13, cities have had to look at creative ways to cover recreation costs, and end user fees or pass thru fees have been a common method since the 1980s. It is not a tax on little children. Ms. Fitzpatrick stated that everyone has to do a bit more if they want to continue to have incredible facilities. She noted that if the Council intends to ask property owners to increase assessments, the responsible thing to do is to first consider end user fees because they are a fair and equitable way for residents and neighbors to share in the user costs. Public Speaker: Shaun Clark, 84573 Anchors Way, Indio — Palm Desert-La Quinta Football (PDLQ) Association coach since 2005. Mr. Clark opposes youth player fees. Sports programs offer programs that are no longer available in schools due to budget cuts. He said the PDLQ fee to play football is $220, and through donations, they were able to grant 20 scholarships. Mr. Clark stated that he felt sports were an important means for children to learn teamwork, camaraderie, and belonging, and can produce the professional athletes and coaches of the future. He noted that a city fee will be a burden on families, especially families with multiple children participating in sports, or a talented child who may want to play multiple sports. Public Speaker: Michelle Lawrence, 43100 Palm Royale Drive, La Quinta — Community Services Commission Member. She agrees that participation in sports is very. important to children, and for years, has been involved in sports associations and clubs as a coach and booster club president. Ms. Lawrence stated that she supports the proposed youth player fee, and explained the difficulty the Commission had in deciding on this recommendation. She . said that at the Commission meeting other fee rates and percentages were discussed with the sports associations, and Council could consider different rates than those presented. Ms. Lawrence said that as parents, we sometimes have to make adjustments in our personal lives and budgets. As a single parent, she said that CITY COUNCIL MINUTES 6 MAY 15, 2012 she found value in youth sports and redirected personal funds so her child could participate for the past 17 years. Ms. Lawrence added that fundraising has been very successful for the club in which she is involved and that parents have stepped up to assist. Public Speaker: Aaron Rivera, 53275 Avenida Mendoza, La Quinta - T -ball coach. Mr. Rivera opposed the fee. He believes some parents will not be able to afford an increase, and it will be very unfortunate if a fee keeps children away from sports. Public Speaker: Jeff Levine, 83475 Lonesome Dove Road, Indio - Board Member of La Quinta Soccer and volunteer for eleven years. He opposes the city fee and pointed out that the $25 would be added on to the amount parents are already paying, which is $90, $115, $220 for the three sports. He said that he and other parents involved in the sports have supplied water, food and association fees for kids who could not afford it. Mr. Levine believes that participating at a young level allows them to participate in high school which will keep them fit and out of trouble and teach teamwork and confidence. He said that if one kid can't participate it's a heartbreak. Council Member Osborne stated he supports the fees as recommended in the staff report with the exception of the youth player fees and senior luncheon. Regarding all fees, Mr. Osborne suggested that the City review its fees more often, perhaps every other year in order to keep them in line with costs and avoid big increases all at once. Mr. Osborne said he could support increasing the senior luncheon fee from $2 to $3, rather than seeing it double in one year. With regard to youth player fees, Mr. Osborne stated that he is against the fee and believes the city can do a better job at finding efficiencies in -house rather than impose fees on youth sports. He stated that finances have changed for every city in the state and sports association should keep in mind that association assistance will be needed in the future to help maintain park fields. Council Member Franklin concurred with Council Member Osborne's statements. Council Member Evans stated that she supports the rental facility fees recommended in the staff report. Regarding the senior luncheon, she supports the increase to $4 but if there is not Council support for that, she suggests an increase of $1 per year for 2 years, which is a bargain for a $10 meal. Ms. Evans supports the bridge fee increases recommended. With regard to youth player fees, Ms. Evans noted that parents are finding the money to pay the sports organizations, and like most other cities, she believes La Quinta should get some type of user fee for its fields. Although she supports staff recommendation for a fee of $25/$35 to cover 30% of maintenance costs, she offered the suggestion that the city could work with the associations regarding scholarships or compromise on the fee by reducing it to $10 for residents and $15 for non - residents. Ms. Evans noted that CITY COUNCIL MINUTES 7 MAY 15, 2012 residents not playing sports are maintaining the fields for players, so it is not unreasonable to ask players to pay a portion, which breaks down to very little per week or per game. With parents paying the sports associations $425 for a child to play the three sports, it is not fair for the city to get nothing for the maintenance of those fields. Ms. Evans said it was unfortunate the city did not initiate fees years ago, but it needed to start now to come to terms with its deficit because city reserves will not last forever. Council Member Henderson stated that she raised five children in the desert and did pay sports association fees. She explained the city's deficit situation resulting from the actions of the state and suggested that the. city is like a chain composed of links and every link must participate in cuts. Ms. Henderson said she would like to say that the city will absorb the deficits somehow as it was able to do in the past, but now her hope is that the city will be able to maintain the sport fields at all. Every link in the city has to participate in these difficult cuts and make a. contribution. Ms. Henderson stated that she supports the increases in rental fees, bridge fees, senior luncheon fee increase of $1 per year for two years, and youth player fees at $20 for residents / $30 for non - residents which cover only 25% of the maintenance costs of $300,000. Additionally, she supports increasing those youth player fees next year to cover 30% of the maintenance costs, and the year after, an increase to cover 35% of the maintenance costs. Mayor Adolph acknowledged that this is a difficult decision. He explained that he believes that the loss of one child' from athletics into crime is one too many. He believes the city can do something to keep children' in sports, and it's now up to Council to find a point that is livable for parents. The Mayor said that Council Members Evans and Henderson support an amount that is higher than he could agree to and Council Members Osborne and Franklin don't support any fee. Director Hylton provided the suggestion that for every scholarship the sports associations' fund, the city would waive its fee as a means to share in the commitment to allow the participation of children from families that cannot afford any fees. In this way, all involved are on the same level in supporting the children who cannot pay. Council Member Osborne suggested that the sports association submit a proposal to the City with their ideas for a solution keeping in mind the City's financial position. He noted that he supports Director Hylton's idea of joint scholarships. Council Member Evans proposed a compromise consisting of a fee of $10 for residents, $15 for non - residents, and a waiver of the city fee on every scholarship offered by the sports associations. CITY COUNCIL MINUTES 8 MAY 15, 2012 Council Member Franklin said that she would like input from the association to hear what arrangement would work for them. She stated that although she knows that the deficit will have to be addressed, she is not comfortable with any youth sport fee without additional facts and figures. Ms. Franklin noted that the benefits of participation in sports far outweighs the relatively little money gained from a fee. She recommends taking this fee out of the recommendation in order to get more input and information. MOTION — A motion was made by Council Members Evans /Henderson to adopt a resolution setting fees for park and facility rental and the bridge programs as recommended in the staff report, to increase the senior center luncheon fee by $1 per year for two years, to increase the non- sanctioned teams field use fee from $5 to $10 per hour, and to initiate youth player fees in the amount of $10 for residents and $15 for non - residents. Motion failed 2 -3, with Council Members Franklin, Osborne and Mayor Adolph voting no. MOTION.— A motion was made by Council Members Evans /Henderson to adopt a resolution setting fees for park and facility rental and bridge programs as recommended in the staff report, and to increase the senior center luncheon fee by $1 per year for two years. RESOLUTION NO. 2012 -022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING FEES AND CHARGES FOR PUBLIC FACILITIES INCLUDING THE SENIOR CENTER, CIVIC CENTER CAMPUS, FRITZ BURNS AND LA QUINTA PARKS AND L.A. O "'"ITn SPORTS FIELDS, Motion passed 5 -0. Mayor Adolph asked representatives of the sports association to meet with staff during the next two weeks so that an equitable agreement can be reached and included in the Fiscal Year 2012/2013 budget. 2. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP / INFORMATION EXCHANGE COMMITTEE MOTION — A motion was made by Council Members ,Franklin /Evans to select Council Member Osborne as the City's representative to the Chamber of Commerce Workshop/ Information Exchange Committee for three consecutive meetings. Motion passed unanimously. 3. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2 OF THE LA QUINTA MUNICIPAL CODE TO REVISE CHAPTER 2.10 (CITY CLERK) CITY COUNCIL MINUTES 9 . MAY 15, 2012 A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 496 ON FIRST READING MOTION - A motion was made by Council Members Evans /Franklin to take up Ordinance No. 496 by title and number only and waive further reading. Motion passed unanimously. ORDINANCE 496 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.10 (CITY CLERK) OF- THE 'LA QUINTA MUNICIPAL CODE, DESIGNATING THE CITY MANAGER TO SET COMPENSATION AND EXPENSE ALLOWANCE FOR THE POSITION OF CITY CLERK MOTION - A motion was made by Council Members Evans /Henderson to introduce Ordinance 496 for first reading. Motion passed by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None The City Council recessed to meetings of the Successor Agency to the Dissolved La Quinta Redevelopment Agency, followed by the La Quinta Financing Authority and the La Quinta Housing Authority The City Council meeting was reconvened at 7:04 p.m. The Council took up the Public Hearing items first before returning to the Study Session and Reports. PUBLIC COMMENT - NONE PRESENTATIONS - NONE PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO ALLOW OUTDOOR SALES AND DISPLAY AT RETAIL STORES GREATER THAN 100,000 GFA 09.100.120), AND TO MODIFY THE PERMITTED FREQUENCY OF SIDEWALK SALES AND COMMERCIAL EVENTS 09.100.130). APPLICANT: CITY OF LA QUINTA A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 496 ON FIRST READING Principal Planner Andy Mogensen and Planning Director Johnson presented the staff report. CITY COUNCIL MINUTES 10 MAY 15, 2012 Council Members questioned staff for clarification. The Mayor declared the PUBLIC HEARING OPEN at 7:13 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:13 p.m. MOTION - A motion was made by Council Members Franklin /Evans to take up Ordinance No. 497 by title and number only and waive further reading. Motion passed unanimously. ORDINANCE 497 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) A PROVISION TO ALLOW OUTDOOR SALES AND DISPLAY AT RETAIL STORES HAVING GREATER THAN 100,000 SQUARE FEET OF GROSS FLOOR AREA 09.100.120), AND 2) MODIFY THE PERMITTED FREQUENCY OF SIDEWALK SALES AND COMMERCIAL EVENTS 09.100.130) MOTION - A motion was made by Council Members Franklin /Evans to introduce Ordinance 497 for first reading. Motion passed by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 2. PUBLIC HEARING TO CONSIDER RESOLUTIONS APPROVING A SECOND EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2007 -105 AND SITE DEVELOPMENT PERMIT 2006 -875 FOR AN APPROXIMATELY 234,450 SQUARE FOOT RETAIL AND MEDICAL OFFICE DEVELOPMENT ON APPROXIMATELY 25 ACRES LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P. Council Member Osborne recused himself and left the dais due to the proximity of his residence to this development. Planning Director Johnson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:17 p.m. Public Speaker: Marvin Roos of MSA Consulting, representative of the applicant thanked staff for working closely with them. The Mayor declared the PUBLIC HEARING CLOSED at 7:18 p.m. MOTION - A motion was made by Council Members Henderson /Evans to adopt Resolution No. 2012 -023: CITY COUNCIL MINUTES 11 MAY 15, 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND ONE -YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A CONVALESCENT /REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE FOOT RETAIL STORES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON AND FRED WARING DRIVE. CONDITIONAL USE PERMIT 2007 -105 EXT. 2, APPLICANT: MAYER VILLA CAPRI, L.P. and Adopt Resolution No. 2012 -024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND ONE -YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A MEDICAL OFFICE COMPLEX LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE. SITE DEVELOPMENT PERMIT 2006 -875 EXT. 2, APPLICANT: MAYER VILLA CAPRI, L.P. Motion passed 4 -0 -1. Council Member Osborne was absent. 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO REQUIRE A SPECIFIC PLAN FOR ANY NEW DEVELOPMENT ON A LOT THAT IS ONE -HALF ACRE OR GREATER IN SIZE AND LOCATED WITHIN THE VILLAGE COMMERCIAL DISTRICT 09.65). APPLICANT: CITY OF LA QUINTA A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 498 ON FIRST READING Planning Director Johnson presented the staff report. Council Members requested clarification from staff on the number of properties affected by this ordinance. The Mayor declared the PUBLIC HEARING OPEN at 7:27 p.m. Public Speaker: Marvin Roos of MSA Consulting suggested the city consider a technique other than the specific plan to allow the variation desired. The Mayor declared the PUBLIC HEARING CLOSED at 7:35 p.m. Planning Director Johnson explained that if the specific plan process does not make sense for a project, the City Council may exempt the project. CITY COUNCIL MINUTES 12 MAY 15, 2012 MOTION - A motion was made by Council Members Evans /Henderson to take up Ordinance No. 498 by title and number only and waive further reading. Motion passed unanimously. ORDINANCE 498 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, TO REQUIRE A SPECIFIC PLAN FOR ANY NEW DEVELOPMENT ON A LOT THAT IS % ACRE OR GREATER IN SIZE AND LOCATED WITHIN THE VILLAGE COMMERCIAL DISTRICT (49.65) MOTION - A motion was made by Council Members Evans /Franklin to introduce Ordinance 498 for first reading. Motion passed by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 4. PUBLIC HEARING TO ADOPT A RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2012/2013 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1 Public Works Director Jonasson presented the staff report. Council Members requested clarification from staff on a few items. Director Jonasson explained that the park expenses are included but have never been covered by the District, and 12 subdivisions pay the same $35.60 as everyone else, but receive the benefit of having their perimeter and retention basins maintained by the Landscape & Lighting District (L &L) where this is not the case for any other subdivision in the city. Director Jonasson stated that the general fund deficit this year was $197,000 in the L &L District fund and $1.5+ million for parks. The Mayor declared the PUBLIC HEARING OPEN at 7:50 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:50 p.m. Council Member Osborne received confirmation from Council that they plan to approach the public for an increase to the assessment once the study, which was recently ordered, is complete. MOTION - A motion was made by Council Members Evans /Franklin to adopt Resolution No. 2012 -025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,. CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL CITY COUNCIL MINUTES 13 MAY 15, 2012 YEAR 2012 /2013 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) Motion passed unanimously. STUDY SESSION 1. DISCUSSION OF THE DRAFT 2012/2013 ECONOMIC DEVELOPMENT PLAN Economic Development Managers Powell and Casillas presented the staff report. Council Member Evans asked that the goals include an increase to the transient occupancy tax (TOT) revenue and the related rental enforcement plan. She also requested that a streamline process for permitting be considered. Council Member Osborne pointed out that collaboration with the Chamber of Commerce is important for keeping in touch with small businesses. He also noted the importance of the Coachella Valley Economic Partnership (CVEP) in providing a regional standpoint and its ability to draw good paying jobs and business diversification. Mr. Osborne said that CVEP is important because it keeps income levels up in the area, and he was pleased to see that health and wellness was included in the plan. In response to Council Member Franklin, RSG Consultant Frank Spevacek stated that the city was doing well with its, policy to realize a 10 % -15% return on investment by the fifth year of operation until the economic downturn in 2008. Council Member Franklin stated that CVEP ideas for a regional approach are wonderful, and they have had measurable success. She said one of the best programs is its summer intern program which she would like Department Directors to consider. Council Member Henderson asked for specifics regarding public - private partnerships. Consultant Spevacek said that the city is at a crossroads where it must now examine new means to develop public - private partnerships, leverage land equity and find tools to raise capital. Ms. Henderson said that a high priority should be to get permit streamlining in place as the public contribution to the public- private partnership. Mayor Adolph said that some of the community profile figures listed seem questionable, e.g., the average household income in 2011 of $93,091, and the median age of 45.6, and the trend stating that 72% of golfers are under age 50. Ms. Powell stated that staff questioned the stats as well, and is awaiting a call back from the provider to get confirmation of the numbers. CITY COUNCIL MINUTES 14 MAY 15, 2012 In response to Mayor Adolph, Mr. Spevacek explained the goal to attract young golfers and families to area resorts to insure future viability and growth. The Mayor expressed doubt that young families could afford membership fees in the range of $40,000, or would find developments such as PGA West suitable for family - living given the lack of facilities for children and the absence of playmates. Mayor Adolph said that the goal to support local businesses is important. He noted that the City needs to receive the sales tax it is due from internet sales. Council Member Henderson asked Council, and received consensus in support of taxing internet sales. 2. DISCUSSION OF MARKETING STRATEGIES FOR FISCAL YEAR 2012/2013 Economic Development /Marketing Manager Casillas presented the staff report. Stephanie Green with F/G Creative marketing consultants answered. Council questions and provided clarification on the services the company will continue to provide. In response to Council Member Osborne, Ms. Green said that there are means to measure the success of certain portions of campaigns, and compare from year to year. Council Member Franklin stated that she was disappointed in the ad for the tennis tournament because the black background with white print was difficult to read. She expressed the importance of keeping the phone apps updated. Ms. Franklin noted that the SilverRock app was dynamite and free. Ms. Casillas said that a cross promotion with SilverRock was being discussed. Ms. Green stated that they are looking into using OR codes, which is a growing tool. In response to Council Member Franklin, Ms. Casillas explained the changes to cooperative advertising with the Visitors Bureau. Council Member Evans requested that staff eliminate all references to reduced budget in the final document. She suggested that the "Target Markets" section should include a health and wellness category. She asked staff to explore cooperative marketing with Goldenvoice. Ms. Evans announced that the name change to CVB (Convention and Visitor's Bureau) should be changed in the Plan. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission — Council Member Franklin reported on the progress of the State bill called Lucy's law, which requires the licensing of pet groomers. CITY COUNCIL MINUTES 15 MAY 15, 2012 Chamber of Commerce - Council Member Franklin reported that Planning Director Johnson gave a presentation to the Chamber on signage and parking, and Ms. Franklin informed the members of the upcoming Study Session on SilverRock. Lamar advertising gave a presentation and expressed interest in placing digital billboards on city property. Chamber members requested a presentation from Code Enforcement at their next meeting. Coachella Valley Mountains Conservancy - Council Member Franklin reported that the Conservancy continues to purchase land as it becomes available. It has a balance of $14 million from past bond issues, but noted that the State budget contained no bond allocations in the future. The new CVMC Director, Kevin McKernan will be bringing a power point presentation to Council in the fall as a step toward raising awareness of the organization. Coachella Valley Conservation Commission - Council Member Evans updated Council on recent land purchases and maintenance agreements of the CVCC. Regarding energy and environmental issues, Ms. Evans reported that students from the Energy for Life program presented data on greenhouse gases, which in the Coachella Valley averages nine tons per person per year. Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Evans reported that the organization's name has changed to the Greater Palm Springs Oasis, a Convention and Visitors Bureau. Coachella Valley Association of Governments, Public Safety Committee - Council Member Henderson said the Committee discussion focused on supporting the regional reform and re -entry program for parolees to reduce recidivism. She reported that Sherriff Sniff was in attendance and asked the Committee and their respective cities, to actively lobby Supervisors if they attempt to cut the Sherriff's department budget. Riverside County Transportation Commission - Council Member Henderson reported that she discussed with the CalTrans District Director regarding the difficulty with the new Washington Street off ramp and as a result, CalTrans is going to put another sign further down the off ramp. Sunline Transit Agency - Mayor Adolph reported that Sunline has still not resolved anything with the unions so there may be a strike. DEPARTMENT REPORTS 7B. INDIO POLO FIELDS GOLDENVOICE CONCERTS STATUS UPDATE Planning Director Johnson provided an update on past and future arrangements. CITY COUNCIL MINUTES 16 MAY 15, 2012 MAYOR'S AND COUNCIL MEMBERS' ITEMS Council Member Franklin reported on the flag raising and lower ceremony honoring public safety personnel who have fallen in the line of duty. Council Member Evans thanked Mark Weiss for stepping in as Interim City Manager during a very difficult time. Council Member Henderson asked Council to consider the fact that a La Quinta parcel tax of $5 per year would fund the operation of Martha's Village and the Coachella Valley Rescue Mission. This route would give the community a say on whether or not it should be funded. ADJOURNMENT There being no further business, it was moved by Council Members Franklin /Henderson to adjourn at 9:32 p.m. Motion passed unanimously. Respectfully submitted, Susan Maysels, InterirrV City Clerk City of La Quinta, California CITY COUNCIL MINUTES 17 MAY 15, 2012