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2012 10 02 CC MinutesLA QUINTA "CITY COUNCIL MINUTES TUESDAY, OCTOBER 2. 2012 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT None CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (ONE MATTER) The City Council recessed to Closed Session at 3:02 p.m. The City Council meeting was reconvened at 4:02 p.m. with all Councilmembers present and no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.1 (Brown Act). Mayor Adolph led the audience in the Pledge of Allegiance PUBLIC COMMENT Public Speaker: David Archer, La Quinta - Mr. Archer informed Council that he was available to answer questions of the Chamber of Commerce in Mark Moran's absence. Public. Speaker: Neeta Quinn, La Quinta - Ms. Quinn spoke in support of staff's decision to postpone the October 2n consideration of the General Plan because this will allow time for staff to address the concerns raised regarding the inclusion of provisions of United Nations Agenda 21. CONFIRMATION OF AGENDA Councilmember Henderson requested that Consent Calendar Item No. 8 be moved to the Business Session for discussion. Council concurred. PRESENTATIONS CITY COUNCIL MINUTES 1 OCTOBER 2, 2012 1. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR ENDING JUNE 30, 2011 Mayor Adolph presented the Government Finance Officers Association award to the Director and staff of the Finance department. 2. PRESENTATION OF THE LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT FOR APRIL THROUGH JUNE 2012 La Quinta Librarian Beth Foley summarized the Library quarterly report included in the Council agenda packet. Councilmember Franklin requested that staff reexamine the costs- benefits of accepting credit card payments at the Museum. Mayor Adolph presented to Library representative Barbara Bowie, a children's book entitled: "Thomas and the Library Lady" to be added to the Library's collection. 3. PRESENTATION OF A PROCLAMATION IN HONOR OF FIRE PREVENTION WEEK Mayor Adolph presented to Battalion Chief Pete Blakemore a proclamation declaring the week of October 7 -13 as Fire Prevention Week. WRITTEN COMMUNICATIONS — None APPROVAL OF MINUTES MOTION — A motion was made by Councilmembers Evans /Franklin to approve the minutes of September 18, 2012 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ,ATTEND THE LEAGUE OF CALIFORNIA CITIES TASK FORCE ON LEAGUE STRATEGIC INITIATIVES MEETINGS TO BE HELD OCTOBER 11, 2012 AND NOVEMBER 8, 2012 IN SACRAMENTO, CALIFORNIA 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE EVENING CREW AT PIONEER PARK [Resolution 2012 -0521 3. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE COACHELLA VALLEY VIOLENT CRIME GANG TASK FORCE AND THE CITY OF LA QUINTA CITY COUNCIL MINUTES 2 OCTOBER 2, 2012 4. ACCEPTANCE OF 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AWARD IN THE AMOUNT OF $10,631 FROM THE DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE 5. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION 6. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH SAM'S REAL ESTATE BUSINESS TRUST, A DELAWARE STATUTORY TRUST, FOR RAISED LANDSCAPE MEDIAN IMPROVEMENTS ON DUNE PALMS ROAD ASSOCIATED WITH SITE DEVELOPMENT PERMIT 2005 -824 7. DENIAL OF CLAIM FOR DAMAGES FILED BY: ALICE DELEON; DATE OF LOSS - MARCH 10, 2012 8. PULLED AND MOVED TO BUS /NESS SESSION FOR DISCUSSION> > > > APPROVAL OF A RESOLUTION AUTHORIZING THE PROCESSING OF DOCUMENTATION CONFIRMING THE SUCCESSOR AGENCY'S OWNERSHIP OF CERTAIN NON- HOUSING PROPERTIES AND CONDITIONALLY AUTHORIZING PROCESSING OF DOCUMENTATION TO REVERSE CERTAIN PURCHASE AND SALE TRANSACTIONS PURSUANT TO HEALTH & SAFETY CODE SECTION 34167.5 [Resolution 2012 -0531 9. APPROVAL OF DEMAND REGISTER DATED OCTOBER 2, 2012 MOTION - A motion was made by Councilmembers Evans /Henderson to approve the Consent Calendar as recommended and as amended (Item No. 8 moved to Business Session for discussion). Motion passed unanimously. BUSINESS SESSION 1. CONSIDERATION OF AN AMENDMENT TO THE FACILITY USE AGREEMENT WITH THETA QUINTA ARTS FOUNDATION Community Services Director Hylton presented the staff report. Public Speaker: Kay Wolff, La Quinta - Ms. Wolff stated she was generally in support of the La Quinta Arts Foundation and the City's ongoing support of the Foundation, and hoped that the agreement was a fair deal for the Foundation. Public Speaker: Christi Salamone of the La Quinta Arts Foundation (LQAF) spoke on behalf of the Foundation which is in support of this agreement. CITY COUNCIL MINUTES 3 OCTOBER 2, 2012 In response to Councilmember Osborne, Director Hylton explained that the use fees are waived in light of the LQAF's $54,000 contribution and the increased sales tax and business license fees provided by its event. Director Hylton noted that the LOAF is required to submit audited financial statements to the City every year as part of its contract services agreement. City Attorney Jenson added that the agreement includes a 365 -day mutual termination clause which could be used should revenues from this event drop below expectations. Councilmember Henderson noted that the benefits from the LOAF events are difficult to quantify; the LQAF's funding from the City was reduced 15°/n this year; this amendment is a clever solution to a parking problem that goes beyond this one event. Councilmember Evans expressed appreciation for the data the LQAF includes in its annual reports regarding types of attendees, demographics, and purchasing trends. Director Hylton stated that the City and LQAF have plans to conduct an economic impact study to try to quantify the event benefits. In response to Councilmember Franklin, Director Hylton confirmed that lots Al and 131 are open all the time for public use. In response to Councilmember Franklin, Christi Salamone of LQAF informed Council that the Foundation has $4.8 million in reserves, which is earmarked for a permanent facility. Ms. Salamone stated that close to $40 million of art has been sold at LQAF festivals, which returns sales tax to the City. Councilmember Franklin stated that the festival is an incredible, first -class event of great value to the City. It provides increased transient occupancy tax revenues to the City and the entire Valley benefits from the visitors it draws. MOTION — A motion was made by Councilmembers Henderson /Franklin to approve the amendment to the Facility Use Agreement with the La Quinta Arts Foundation and authorize the City Manager to execute the amendment. Motion passed unanimously. 2. CONSIDERATION TO APPOINT A MEMBER TO THE DESERT CLASSIC CHARITIES CHARITY EVALUATION COMMITTEE MOTION — A motion was made by Councilmembers Franklin /Evans to appoint Councilmember Henderson to the Desert Classic Charities - Charity Evaluation Committee. Motion passed unanimously. 3. CONSIDERATION OF ADOPTION OF A RESOLUTION OF INTENTION TO APPROVE AND'AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CITY COUNCIL MINUTES 4 OCTOBER 2, 2012 CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LA QUINTA CHANGING THE RETIREMENT FORMULA TO 2% AT 60 Human Resources /General Services Manager Deeringer presented the staff report. Councilmember Evans stated that this formula will result in future savings and contribute to a sustainable budget and asked why this new formula could not apply to current employees. Manager Deeringer explained that State retirement law considers public employees' benefits a form of deferred compensation to which the employee has a vested right; the benefit was promised to each current employee when hired and in accordance with State law, the benefit must continue. Councilmember Franklin clarified that existing employees pay 8% towards retirement benefits, but new employees will pay the reduced amount of 7 %. MOTION - A motion was made by Councilmembers Henderson /Evans to adopt Resolution 2012 -054 entitled: A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF LA QUINTA. Motion passed unanimously. MOTION - A motion was made by Councilmembers Osborne /Franklin to take up Ordinance 502 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the Ordinance title into the record as follows: ORDINANCE 502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. MOTION - A motion was made by Councilmembers Osborne /Evans to introduce Ordinance No. 502 on first reading. Ayes: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph Noes: None Abstain: None Absent: None CITY COUNCIL MINUTES 5 OCTOBER 2, 2012 4. APPROVAL OF A RESOLUTION AUTHORIZING THE PROCESSING OF DOCUMENTATION CONFIRMING THE SUCCESSOR AGENCY'S OWNERSHIP OF CERTAIN NON- HOUSING • PROPERTIES AND CONDITIONALLY AUTHORIZING PROCESSING OF DOCUMENTATION TO REVERSE CERTAIN PURCHASE AND SALE TRANSACTIONS PURSUANT TO HEALTH & SAFETY CODE SECTION 34167.5 [Resolution 2012 - 0531 City Manager Spevacek presented the staff report. City Attorney Jenson provided further information. MOTION — A motion was made by Councilmembers Franklin / /Henderson to adopt Resolution .2012-053 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AUTHORIZING THE PROCESSING OF DOCUMENTATION CONFIRMING ITS OWNERSHIP OF CERTAIN NON - HOUSING PROPERTIES AND CONDITIONALLY AUTHORIZING PROCESSING OF DOCUMENTATION TO REVERSE CERTAIN PURCHASE AND SALE TRANSACTIONS. Motion passed unanimously. STUDY SESSION — NONE REPORTS AND INFORMATIONAL ITEMS Coachella Valley Economic Partnership (CVEP) — Councilmember Franklin reported that CVEP met at the Coachella Valley Arts Center in Indio, a space being promoted as an arts and crafts center. Ms. Franklin reported that 13 businesses are occupying the iHub in Palm Springs leaving only one office space to be filled. She reminded Council that the Economic Summit will be held on October 25`" CVEP is working to bring the film industry to the Valley which brings with it substantial jobs. CVEP is also working on a master event calendar for the entire Valley. Jacqueline Cochran Regional Airport Authority Councilmember Franklin reported that a representative from the Torres Martinez Band of Indians will be joining the Authority. The airshow is scheduled for the first Saturday in November. Next year it will be in Hemet, and will return here every even numbered year. The Airplane Owners and Pilots Association (AOPA) event is coming in October and the Airport operator expects 600 to 1,000 planes arriving for the event. Ms. Franklin noted that La Quinta hotels and restaurants are likely to benefit from the event. Coachella Valley Mountains Conservancy Councilmember Franklin reported that as parcels are purchased over time, they are slowly being connected to form significant area. The remaining balance in the bond fund is $13 million. CITY COUNCIL MINUTES 6 OCTOBER 2, 2012 Animal Campus Commission - Councilmember Franklin reported that extensive facility repairs are needed, as is a means to fund them. They are considering all options including accepting funds to repair small, specific areas for which a plaque recognizing the donor would be placed in that area. Ms. Franklin announced that the annual pet adoption day will be held in November 17`" and 18" at Whitewater Park in Rancho Mirage. Coachella Valley Association of Governments, Homelessness Committee - Councilmember Osborne reported the new foundation running Roy's Shelter is in operation with Denise Welsh as the Chairperson. She will not be depending solely upon municipalities for funding but is working on obtaining grant funds. Riverside County will be doing its bi- annual homeless counts, probably in January. The Veteran Affairs event is scheduled for October 27`" at the Date Festival grounds in Indio. Mr. Osborne said the Committee will be doing strategic planning in November, and the bus pass program will be renewed. He added that Jewish Family Services (JFS) is running Roy's Shelter at the reduced cost per bed of $34 per night for 90 beds (down from $51). The budget will be 51.141.2 million with the County contributing about $700,000. JFS was the only entity that responded to the Request for Proposals to operate the shelter. Imperial Irrigation District (1113), Energy Consumers' Advisory Committee - Councilmember Osborne reported that a new transmission expansion called Path 42, will come along the east side of the Valley and could transmit energy produced by new geothermal or solar sources. The budget is approximately $20 million and the completion date is 2014. Mr. Osborne also reported that IID will be providing City staff with its Vegetation Management Plan and asked that it be incorporated into City policy. Lastly, Mr. Osborne reported that the other Council- appointed representative, Frank Blum, term expires in December 2012. League of California Cities - Councilmember Henderson reminded Council of the fundraising golf tournament on October 18" for CitiPac, which raises funds to promote cities or bring lawsuits on their behalf. Greater Palm Springs Convention & Visitors Bureau (CVB) - Councilmember Evans reported that a Salton Sea presentation was made on behalf of the County by a man responsible for cleaning Lake Elsinore. He was optimistic about grant prospects and mentioned the enormous quantity of lithium on the lake bed. Regarding hotel occupancy, Ms. Evans said the report shows numbers are up, including tourism and transient occupancy tax revenue. She said that CVB has just been to Australia and Europe; they are updating the visitors' guide and website; advertising coops are starting; and Virgin Air is adding flights to /from JFK airport and Canada. CITY COUNCIL MINUTES 7 OCTOBER 2, 2012 Sunline Transit Agency - Mayor Adolph reported that the Agency board approved a policy allowing board members to discuss Sunline Transit Agency closed session matters with each of their own City /Agency Attorneys. The board also approved a bonus for the General Manager in accordance with his employment contract. Coachella Valley Association of Governments Adolph reported that a $150,000 grant from went to Roy's Shelter for nursing services. requests for financial help from Roy's Shelter. by the board on the 1 -10 /Jefferson interchange project. (CVAG), Executive Board — Mayor the California Wellness Foundation He added that cities can expect Encouraging updates were received project and the multi- species habitat DEPARTMENT REPORTS City Manager Spevacek informed Council that the November 6' regular meeting may be cancelled. Planning Director Johnson summarized the written report in the agenda packet regarding the General Plan. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Franklin asked Council to consider renaming the Senior Center, possibly holding a community contest for the new name. Council was receptive and agreed to consider it. Councilmember Franklin requested that staff report back regarding accepting credit card payments. Councilmember Osborne announced that there will be a Celebration of Life on October 13" at 5:00 p.m. at the Palm Springs Air Museum for Mr. Steve Robbins, a pillar of the community and the late General Manager of the Coachella Valley Water District. Councilmember Henderson asked staff to consider inviting a member of the Chamber of Commerce to selected City /Broker meetings. Mayor Adolph informed Council that he has had several requests from residents to name something after recently- deceased Andy Williams, a longtime La Quints resident and activist with the Boys and Girls Club. He suggested the roadway by the Club which could be renamed Moon River Drive or Andy Williams Way, Mayor Adolph asked staff to pursue the idea and bring alternatives back to Council. Councilmember Osborne added that a friend of Mr. Williams has offered to CITY COUNCIL MINUTES 8 OCTOBER 2, 2012 contribute up to $20,000 for signs, etc. The Boys and Girls Club is considering renaming its auditorium for Mr. Williams. Mayor Adolph reported that the smell at Trilogy was very bad after the candidate forum, so he has contacted Supervisor Benoit to work out a resolution. THE CITY COUNCIL RECESSED TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY. THE CITY COUNCIL RECONVENED AT 7:01 P.M. WITH ALL COUNCILMEMBERS PRESENT. PUBLIC COMMENT - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING PORTIONS OF CHAPTER 3.24 "TRANSIENT OCCUPANCY TAX;" AND ADDING CHAPTER 3.25 "SHORT -TERM VACATION RENTALS" TO TITLE 3 "REVENUE AND FINANCE" OF THE LA QUINTA MUNICIPAL CODE Planning Director Johnson presented the staff report. In response to Councilmember Evans, staff clarified several aspects of the program including the reasons for daytime occupancy limits, estimates of the number of existing rental companies already registered; confirmation that if adopted, this Ordinance would supersede all Home Owner Associations' (HOA) Covenants, Conditions & Restrictions (CC &R), and penalties for non - adherence. Councilmember Evans suggested that staff seek ways to team up with HOAs on education and enforcement. Councilmembers Franklin and Henderson expressed concern about permitting one exclusion per year due to the bureaucratic problems that would arise. City Attorney Jenson explained that the existing interpretation of the Code, made by former Finance Director Falconer, cannot be changed now because it would change the scope of the ordinance, thus a new tax requiring voter approval. In response to Councilmember Franklin, staff explained enforcement responsibilities of the HOAs, the City and the Police. Councilmember Evans suggested that the City approach the local rental companies to explore cooperative marketing whereby the City publicizes the regulations and realtors advertise rental opportunities. CITY COUNCIL MINUTES 9 OCTOBER 2, 2012 The Mayor declared the PUBLIC HEARING OPEN at 7:24 p.m. The following members of the public spoke in favor of the ordinance: Jerry McDonald, Palm Desert — Manager of PGA West Fairways Jim Cox, La Quinta - Board of Directors, PGA West Fairways The Mayor declared the PUBLIC HEARING CLOSED at 7:33 p.m. MOTION — A motion was made by Councilmembers Evans /Henderson to take up Ordinance No. 501 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the Ordinance title into the record: ORDINANCE 501 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 3.24 "TRANSIENT OCCUPANCY TAX" AND ADDING CHAPTER 3.25 "SHORT -TERM VACATION RENTALS° TO TITLE 3, "REVENUE AND FINANCE" OF THE LA QUINTA MUNICIPAL CODE MOTION — A motion was made by Councilmembers Evans /Henderson to introduce Ordinance 501 on first reading. Ayes: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph Noes: None Abstain: None Absent: None ADJOURNMENT There being no further business, Franklin /Henderson to adjourn at 7:34 p.m it was moved by Councilmembers . Motion passed unanimously. Respectfully submitted, t�il�G1�, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 10 OCTOBER 2, 2012