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2012 08 07 CC MinutesCITY OF LA QUINTA MINUTES TUESDAY, AUGUST 7 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, Mayor Adolph ABSENT: None Mayor Adolph led the audience in the Pledge of Allegiance. CLOSED SESSION — NONE PUBLIC COMMENT - NONE CONFIRMATION OF AGENDA City Manager Spevacek suggested that Council take up Study Session item no. 1 immediately after the Consent Calendar. City Manager Spevacek informed Council that Mr. Sowell has requested that Study Session item no. 2 be continued to a later date. Council Member Franklin requested that Consent Calendar item nos. 2 and 9 be voted on separately. Council Member Osborne requested that Consent Calendar item no. 8 be voted on separately. Council Member Henderson stated that she will have comments on Consent Calendar item nos. 10 and 11. Mayor Adolph added a discussion about code enforcement to the Mayor and Council Member Items section of the agenda. Council agreed to all agenda changes noted above. PRESENTATIONS Mayor Adolph and Council Members presented a plaque to retiring Finance Director John Falconer in appreciation of more than seventeen years of service to the City of La Quinta CITY COUNCIL MINUTES 1 AUGUST 7, 2012 WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES MOTION — A motion was made by Council. Members Evans /Franklin to approve the City Council minutes of July 17, 2012 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. APPROVAL OF. DEMAND REGISTER DATED AUGUST 7, 2012 2. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 33076 -1, THE MADISON CLUB, EAST OF MADISON, LLC [Resolution 2012 -0461 3. APPROVAL TO EXCUSE COMMISSIONER HEATHER ENGEL FROM THE SEPTEMBER 10, 2012 COMMUNITY SERVICES COMMISSION MEETING 4. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 500 AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES RECREATION SUPERVISOR TO ATTEND THE AQUATIC FACILITY OPERATOR CERTIFICATION COURSE TO BE HELD OCTOBER 14 -15, 2012 IN ANAHEIM, CALIFORNIA 6. ACCEPTANCE OF SENIOR CENTER HVAC UPGRADE PROJECT, PROJECT NO. 2011 -13 7. RATIFICATION OF CITY MANAGER APPROVAL OF FIRST AMENDMENT AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LA QUINTA FOR THE COACHELLA VALLEY VIOLENT GANG TASK FORCE 8. APPROVAL OF THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE, AND AUTHORIZATION TO ADVERTISE FOR BID, THE FRED WARING DRIVE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2011 -04 9. APPROVAL OF ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR TRACT MAP 32879, GRIFFIN RANCH, IOTA GRIFFIN, LLC 10. ADOPTION OF RESOLUTION ACCEPTING A DONATION FROM PHYLLIS . LEWIS [Resolution 2012 -0471 CITY COUNCIL MINUTES 2 AUGUST 7, 2012 11. _ APPROVAL FOR A REQUEST FOR QUALIFICATIONS FOR REAL ESTATE ANALYSIS SERVICES AND AUTHORIZE STAFF TO CIRCULATE Council Member Comments: Consent Calendar Item No. 11 - Council Member Henderson stated that although she did not initially support this expenditure, she understands that this service is now necessary and will support it. Consent Calendar Item No. 10 - Mayor Adolph acknowledged Phyllis Lewis' donation of a drinking fountain and asked staff to send a thank -you letter from the city. MOTION - A motion was made by Council Members Evans /Henderson to approve Consent Calendar Item Nos. 1,3,4,5,6,7, 10,11. Motion passed unanimously. MOTION - A motion was made by Council Members Evans /Henderson to approve Consent Calendar Item No. 8. Motion passed 4 ayes, 0 noes, 1 abstain - Council Member Osborne abstained due to proximity to his residence. MOTION - A motion was made by Council Members Evans /Henderson to approve Consent Calendar Item Nos. 2 and 9. Motion passed 4 ayes, 0 noes, 1 abstain - Council Member Franklin abstained due to proximity to her residence. Public Speaker: Sharren Badham, La Quinta - Council Member Franklin left the dais during comments by the public speaker due to the proximity of her home to the Madison Club. Regarding Consent Calendar item no. 2, on behalf of the Board of Directors of the Hideaway Club, Ms. Badham requested that Council deny the extension for offsite improvements. STUDY SESSION ITEM NO. 1 1. DISCUSSION OF THE CITY'S FINANCIAL STATUS AND MEASURES TO BALANCE MUNICIPAL REVENUES AND EXPENDITURES City Manager Spevacek presented the staff report. Council Member Henderson noted that the city is back to where it was 20 years ago when it had to develop a long -term financial and development plan. Ms. Henderson's concern is that Sacramento has not stopped searching for money from cities, and warns that all concerned must stay very alert to discussions and actions in Sacramento so that La Quinta's assets can be retained. She said that continued support to organizations working on behalf of cities is important, as is the understanding, support and participation of residents. CITY COUNCIL MINUTES 3 AUGUST 7, 2012 In response to Council Member Evans, City Manager Spevacek stated that once the budget is balanced, surplus funds can be set aside for capital improvements. In response to Council Member Osborne, City Manager Spevacek explained the process planned to increase collections of Transient Occupancy Tax. Council Member .Franklin said that this report will be a good tool for future community meetings. Mayor Adolph noted that the city's land and facility assets were not included in the balance sheet presented. City Manager Spevacek confirmed and explained that revenue from city -owned land that is developed in the future is not included in the report's projections. Council Member Henderson expressed her concern about what will happen with sales tax generation from online retailers. She stated that it has been the city's policy to set aside 35% of general fund budget in a reserve account which has served the city well. Council Member Osborne stated that during its good years La Quinta focused on building its reserves and improving its infrastructure and as a result, the city has the assets and the wherewithal to handle the tough times. City Manager Spevacek stated that the financial score card will be brought back in December and as needed thereafter. BUSINESS SESSION 1. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FINANCIAL SERVICES FOR FEASIBILITY OF EITHER A CITYWIDE PARK, OPEN SPACE AND TRAIL ASSESSMENT DISTRICT OR SPECIAL TAX AND PREPARATION OF THE PRELIMINARY ASSESSMENT FORMATION REPORT FOR SEVERAL NORTH LA QUINTA SUBDIVISIONS CURRENTLY RECEIVING SPECIAL BENEFIT Public Works Director Jonasson presented the staff report. The Mayor and Council Members questioned staff to clarify various procedural and financial aspects of the report. MOTION — A motion was made by Council Members Evans /Franklin to direct staff to prepare a Professional Services Agreement with Willdan Financial Services for feasibility of either a citywide park, open space and. trail assessment district or special tax, and preparation of the preliminary assessment formation report for CITY COUNCIL MINUTES 4 AUGUST 7, 2012 several north La Quinta subdivisions in an amount not to exceed $27,495 and authorize the City Manager to execute the agreement subject to modifications as deemed necessary by the City Attorney. 2. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP TO FACILITATE A MUNICIPAL SERVICES DELIVERY OPTION REVIEW, AND APPROPRIATION OF $125,000 OF UNUSED FISCAL YEAR 2011/12 LEGAL EXPENDITURE FUNDS TO THE CONTRACT SERVICES ACCOUNT City Manager Spevacek presented the staff report recommending this sole source contract with Henson Consulting Group. Public Speaker: Robert Sylk, La Quinta — Mr. Sylk stated that he received approximately 30 a -mails from members of Concerned Citizens of La Quinta opposing sole sourcing this contract. Mr. Sylk asked for the target debt number for the City Manager to start to consider hiring an outside consulting group. City Manager Spevacek stated that the city is. working to reduce its operating fund costs by $2.1 million. Mr. Sylk asked why this service was not the responsibility of the City Manager. Council Member Henderson believes it's critical to understand all the services and the associated costs to the city so that Council can weigh the cost versus the value. She stated that the City Manager has the ability to provide this service and could do so if he did not have the ongoing functions of the city to manage. As has always been done, experts are hired in certain areas for specific tasks so that staff can continue to focus on city operations. Council Member Evans said this proposal looks at internal organization and a new way of doing government. La Quinta has to set the tone because no guidance is coming from Sacramento or Washington. Ms. Evans said that this service, along with all the other components Council has been addressing to produce a sound budget, will bring continued success to our city. Council Member Franklin said that she is convinced that this is important for our city. When the RDA was dissolved, a plan B had to be developed and this is part of it. Ms. Franklin said she looked into this company's background and believes the decision to bring them in for this service is a good one. Council Member Osborne noted that the city has already cut personnel by $962,000 which means the city does not have extra staff to conduct this process. He said it is sometimes valuable to have independent eyes examine a matter in a fair and objective manner that Directors and staff can respect. Mr. Osborne stated that he is in full agreement and support of this project. CITY COUNCIL MINUTES 5 AUGUST 7, 2012 Mayor Adolph said that after meeting with the City Manager to discuss his questions on the contract, he now supports the City Manager because he has a task to do and if he feels he needs this process and these consultants, then Council supports that. MOTION — A motion was made by Council Members Franklin /Henderson to direct staff to prepare a Professional Services Agreement with Henson Consulting Group, LLC to facilitate a municipal services delivery option review in an amount not to exceed $49,000, appropriate $125,000 of unused Fiscal Year 2011 /2012 legal expenditure funds to account 101 - 1002- 413.31 -01 (contract services), and authorize the City Manager to execute said agreement subject to modifications as deemed necessary by the City Attorney. 3. CONSIDERATION OF A CONTRACT TO CONSTRUCT THE PM -10 STABILIZATION OF CITY -OWNED PROPERTIES, PROJECT 140. 2011 -12 Public Works Director Jonasson presented the staff report. In response to Council Member Franklin, Director Jonasson said that staff could negotiate a unit cost with the contractor to perform the PM -10 stabilization on all the lots except those that are currently the subject of negotiation with the Arts Foundation (lots A, B, C, D), and then add those excluded lots to the contract once negotiations were complete. Director Jonasson noted that stabilization should not be postponed too long because the windy season will start soon. In response to Council Member Evans, City Manager Spevacek said that a proposal has been received from the Arts Foundations and staff is working to balance the Foundation's parking needs with Council's direction to market some of the lots for development. Staff's goal is to bring options back to Council on September 18t Council Member Franklin said that the City has an important and good relationship with the Arts Foundation, the Chamber and Old Town businesses, and she believes the city should assist businesses as much as possible. Ms. Franklin said the lots (C and D) should be prepared for parking without bollards or locks, but open to all users. She agreed that lots A and B along Calle Tampico should be set aside for possible development. Ms. Franklin recommended that lots 1 through 9 and E be treated for PM -10 stabilization now, and that treatment of lots A through D be postponed until negotiations conclude. In response to Mayor Adolph, Director Jonasson explained the design and safety function of the bollards. Director Jonasson said that three inches of aggregate would last approximately three years and there will be a maintenance cost with gravel spreading onto the street. . CITY COUNCIL MINUTES 6 AUGUST 7, 2012 MOTION - A motion was made by. Council Members Henderson /Evans to direct staff to award a construction contract with B.W. Simmons, Inc., in the amount of $137,438 to construct the base bid area and additive alternative 1 for the PM -10 stabilization on city -owned properties, project number 2011 -12 and authorize the City Manager to execute the contract, begin negotiations regarding lots A, B, C, D, and continue discussions with the Arts Foundation to move forward on these four lots. Motion passed unanimously. 4. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW GRANT REQUESTS Council waived presentation of the staff report. MOTION - A motion was made by Council Members Franklin /Henderson to establish an Ad Hoc Committee to review grant requests and to appoint Council Members Evans & Franklin to serve on the Ad Hoc Committee to review grant requests. Motion passed unanimously. 5. CONSIDERATION TO APPOINT A REPRESENTATIVE TO THE COACHELLA VALLEY CONSERVATION COMMISSION'S TRAILS MANAGEMENT SUBCOMMITTEE Council waived presentation of the staff report. MOTION - A motion was made by Council Members Franklin /Evans to appoint 37- year La Quinta resident Jeff Smith to the subcommittee. Motion passed unanimously. 6. CONSIDERATION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 33076- 1, THE MADISON CLUB, EAST OF MADISON, LLC [Resolution 2012 -0481 Council Member Franklin recused herself from discussion and vote on this item and left the dais due to the proximity of her residence to this development.. Public Works Director Jonasson presented the staff report. Council Member Osborne suggested some kind of ground cover, DG or gravel should be required at Monroe Street along the wall just as the City's Code Compliance department would require of any cove property that had bare dirt. Developer: Madison Club Business Manager Scott Birdwell said they would consider ground cover such as DG, but he does not like the option because it CITY COUNCIL MINUTES 7 AUGUST 7, 2012 would be a throw -away, a wasted expense that is removed when they do the full landscaping in the future. He said they are diligent with watering and dust control. In response to Mayor Adolph, Director Jonasson said that this will be the fourth extension of time given to this Tract Map. Mayor Adolph said he would like to see a schedule of performance to complete the project, particularly the offsite improvements. The developer must realize that the concerns of the neighbors must be addressed by moving the project forward to completion in a timely manner. MOTION — A motion was made by Council Members Evans /Henderson to adopt Resolution 2012 -048 with an amendment to include a schedule of performance for completion of the remainder of the offsite improvements: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONDITIONALLY GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFFSITE IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION IMPROVEMENT AGREEMENT UNTIL SEPTEMBER 9, 2013 WITH INTERMEDIATE MILESTONES FOR TRACT MAP 33076 -1, THE MADISON CLUB. Motion passed 4 ayes, 0 noes, 1 absent — Council Member Franklin. 7. CONSIDERATION OF AUTHORIZATION FOR THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO ENFORCE THE CITY'S RIGHTS UNDER THE BONDS, INCLUDING THE INITIATION OF LITIGATION AGAINST TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA AND LA QUINTA DEVELOPERS, LLC AS NECESSARY TO COMPLETE IMPROVEMENTS FOR TRACT MAP NO 30138, DIAMANTE Public Works Director Jonasson presented the staff report. MOTION - A motion was made by Council Members Osborne /Henderson to authorize the City Manager and the City Attorney to take all steps necessary to enforce the City's rights under the bonds, including (1) the initiation of litigation against Travelers Casualty and Surety Company of America (Bond Company) and La Quinta Developers, LLC (Developer) as necessary to complete improvements for Tract Map 30138, (2) the execution of a settlement agreement if a settlement is reached, and /or (3) the execution of a tolling agreement to suspend the running of the statute of limitations. Motion passed unanimously. STUDY SESSION 1. MOVED UP TO FOLLOW CONSENT CALENDAR > > > DISCUSSION OF THE CITY'S FINANCIAL STATUS AND MEASURES TO BALANCE MUNICIPAL REVENUES AND EXPENDITURES CITY COUNCIL MINUTES 8 AUGUST 7, 2012 2. CONTINUED > > > DISCUSSION OF TAX SHARING REQUEST BY KENNY SOWELL TO FACILITATE EXPANSION PLANS FOR HYUNDAI AND DODGE, CHRYSLER, JEEP AND RAM TRUCKS REPORTS AND INFORMATIONAL ITEMS Animal Samaritans — Council Member Franklin reported that the organization has requested city funding to continue the adoption program. Council suggested they apply for a city grant if they are eligible. The annual pet adoption fair in Rancho Mirage will be November 16" and 17". There will be a K9 demonstration on November 3r at Palm Desert high school. The new shelter is in need of numerous repairs due to faulty construction. Jacqueline Cochran Regional Airport Authority — Council Member Franklin reported that a portion of taxiway A will be removed and repaired to accept up to 80,000 lbs. The county received a grant of $700,000 for the project. The Airplane Owners and Pilots Association annual conference in October will be shuttling attendees from this airport to the conference in Palm Springs. An estimated 500 to 600 private planes are expected to use this airport during the conference event. Council Member Franklin will work with airport staff to promote La Quinta and collect data on the event. Coachella Valley Economic Partnership — Council Member Franklin announced that the grand opening of the CVEP business center in Indio will be on August 15` . The Economic Summit will be October 25`" at the Esmeralda Resort at which La Quinta will have a display table. CVEP is working on a plan for financial sustainability support. Letters in support of SB1402 were issued by CVEP due to the importance of improving linkages to technical education. The new President of College of the Desert, Dr. Joel L. Kinnamon, was introduced at CVEP's last meeting. Coachella Valley Mountains Conservancy — Council Member Franklin reported that an assistance grant was given to Coachella Valley Conservation Commission towards purchase of 763 acres in the Santa Rosa Mountains alluvial fan area near the Martinez canyon. The property was appraised for $1,260,000 - $650 per acre. Funding consists of $400,000 from CVMC and $880,000 from Federal Section 6 Subgrant funds. Friends of the Desert Mountains were granted acquisition of 640 acres in the southern Joshua Tree Park boundary area, which is a linkage into the park for wildlife. CVMC has approximately $15 million remaining in bond funds to distribute as grants. Imperial Irrigation District Energy Consumers' Advisory Committee — Council Member Osborne reported that the new turbine generator installed broke down and was shipped back to the manufacturer, Seamans, in Sweden. A new one will be installed and should be online in October. A deep well injection system that drains CITY COUNCIL MINUTES 9 AUGUST 7, 2012 to the Salton Sea was discussed. There is still one Board vacancy. Financially, IID is doing well and paying down its debt. League of California Cities, Board of Directors - Council Member Henderson reported that the two -day meeting consisted of intense discussions regarding the positions the Board should take regarding legislative bills. Of note is Proposition 31, the Government Performance and Accountability Act which Council Member Henderson is pushing the Board to oppose because it's clear it will ruin cities. It will be discussed at the September League conference and Ms. Henderson urged Council Members to attend when the Revenue and Tax Committee addresses this proposition. Ms. Henderson thanked staff for quickly issuing the letter regarding the 542 housing issue. Sunline Transit Agency - Mayor Adolph reported that the General Manager's performance review is underway, and the law firm of Rutan and Tucker was hired by Sunline. Coachella Valley Association of Governments - Mayor Adolph reported that support is expected for La Quinta's re -entry into the TUMF program. DEPARTMENT REPORTS Council Member Henderson asked Planning Director Johnson to determine the additional cost to meet the requirements of AB32 and S6375, as well as the proposed change in the housing element. In response to Council Member Osborne, Director Johnson said that the housing element does not prevent a zoning change on any listed low- income residential property, but if it's removed from the inventory, a comparable property would have to be added. Mr. Johnson noted that if approved by the State, the affordable housing density would increase in La Quinta from 16 units to a minimum of 30 units per acre. MAYOR'S AND COUNCIL MEMBERS' ITEMS Council Member Evans stated that she supported the Chamber of Commerce quail sale and e- commerce promotions. Council Member Henderson asked staff to provide program suggestions to address non - conforming, unpermitted structures. She is interested in a means for the city to work with residents to solve non - safety related violations. Mayor Adolph reported that Coachella Valley Rescue Mission requested funding again due to reductions from the county. Council asked City Manager Spevacek to CITY COUNCIL MINUTES 10 AUGUST 7, 2012 examine restrictions on use of Housing Authority rental income, and to respond to the CVRM with the suggestion that it submit a grant request. Mayor Adolph reported that mosquitoes testing positive for West Nile virus have been found in an area southeast of Trilogy. Traps and surveillance in the area will increase and spraying will be done Wednesday, Thursday and Friday nights — just the perimeter of Trilogy. RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, FOLLOWED BY THE LA QUINTA HOUSING AUTHORITY MEETING Mayor,Adolph reconvened the City Council meeting at 7:05 p.m. with all Council Members present. PUBLIC COMMENT - None PRESENTATIONS — NONE PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING THE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE 2012/2013 PROPERTY TAX ROLL (Resolution 2012 -049 Building and Safety Director Butler presented the staff report. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:13 p.m. Public speaker: Andy Teasley, La Quinta — Mr. Teasley discussed the vacant lot on Calle Jacumba maintained by Land Services of Cima. Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:22 p.m. MOTION — A motion was made by Council Members Henderson /Franklin to adopt Resolution No. 2012 -049 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. Motion passed unanimously. ADJOURNMENT CITY COUNCIL MINUTES 11 AUGUST 7, 2012 There being no further business, it was moved by Council Members Franklin /Evans to adjourn at 7:23 p.m. Motion passed unanimously. Respectfully submitted, ._ Susan Maysels, Ci Clerk City of La Quinta, California CITY COUNCIL MINUTES 12 AUGUST 7, 2012