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2012 12 04 CC MinutesCITY COUNCIL MINUTES TUESDAY, DECEMBER 4, 2012 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 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 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. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (ONE MATTER) 3. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION. AND /OR DISPOSITION OF REAL PROPERTY LOCATED AT DUNE PALMS ROAD AND HIGHWAY 111 (APN: 600- 020 -053). PROPERTY OWNERS/ NEGOTIATORS: DIRECT POINT ADVISORS, INC., MICHAEL HASTINGS The City Council recessed to Closed Session at 3:02 p.m. Mayor Adolph reconvened the City Council meeting at 4:03 p.m. with all Council Member present. Mayor Adolph led the audience in the Pledge of Allegiance. CITY COUNCIL MINUTES 1 DECEMBER 4, 2012 BUSINESS SESSION 1. RESOLUTION CERTIFYING THE OFFICIAL CANVASS OF ELECTION RETURNS FOR THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 6, 2012 A. RESOLUTION ACTION [Resolution 2012 -065) B. ADMINISTER OATH OF OFFICE C. DISTRIBUTE CERTIFICATES OF ELECTION City Clerk Maysels presented the staff report which is on file in the City Clerk's Office. MOTION — A motion was made and seconded by Council Members Henderson /Evans to adopt Resolution No. 2012 -065 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON THE SIXTH DAY OF NOVEMBER, 2012, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Motion passed unanimously. City Clerk Maysels administered the Oath of Office and presented a Certificate of Election to the following re- elected Officials: Mayor Don Adolph Council Member Kristy Franklin Council Member Lee Osborne 2. SELECT A MAYOR PRO TEMPORE MOTION — A motion was made and seconded by Council Members Evans/ Henderson to nominate Council Member Franklin as Mayor Pro Tempore for the term of November 2012 to November 201.3. Council Member Franklin accepted the nomination. Motion passed unanimously. PUBLIC COMMENT Public Speaker: Rosette Kival, La Quinta — Ms. Kival said that the California Bio Mass odor continues and is affecting her enjoyment of life. She asked Council to do what they can to get this company shut down. Mayor Adolph said that he has not received any complaints lately, so he was hoping that the perimeter misting system installed by California Bio Mass had eliminated the odor problem. He relayed the strong position he and Council Member Franklin took with the County at their last meeting, but reminded Ms. Kival of La Quinta's limited control over the situation. Ms. Kival expressed her appreciation for Council's help to date and said she understands that the issue is in CITY COUNCIL MINUTES 2 DECEMBER 4, 2012 the jurisdiction of other agencies but those agencies are not helping. Mayor Adolph said the City will put the agencies involved on notice that the misting system has not corrected the odor problem. Public Speaker: Kathy Housel, La Quinta — Ms. Housel cited data provided by the Air Quality Management District (AQMD) on California Bio Mass odor complaints. In September, 119 complaints were received by AQMD; in October, 73 complaints were received and; in November, with only partial records available, 81 complaints have been logged so far. During the Thanksgiving holiday, Wednesday through Sunday, 30 complaints were received. Ms. Housel thanked City Attorney Jenson for her letter on this matter. She said that on November 15 ' California Bio Mass was cited with their fourth 402 Public Nuisance Violation. Mayor Adolph thanked Ms. House[ for the information provided and said that the City will be contacting the County Supervisor. CONFIRMATION OF AGENDA City Manager Spevacek recommended pulling Business Section Item No. 5 at the request of the applicant who is out of town and asked that it be placed on the December 18 " agenda so that he may attend. Council concurred. City Manager Spevacek asked for a remembrance of Councilman Stan Sniff who passed away one year ago. Mayor Adolph called for a moment of silence in memory of Stan Sniff. PRESENTATIONS 1. LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT FOR JULY THROUGH SEPTEMBER 2012 Museum Manager Anne Phillips presented the La Quinta Museum Quarterly Report for July 2012 through September 2012, which is on file in the City Clerk's Office. Librarian Beth Foley presented the La Quinta Public Library Quarterly Report for July 2012 through September 2012, which is on file in the City Clerk's Office. 2. PLAQUE PRESENTED TO FIRE BATTALION CHIEF PETE BLAKEMORE IN HONOR OF HIS RETIREMENT. Mayor Adolph presented a plaque to honor and thank 32 -year firefighter Chief Blakemore. Chief Blakemore thanked the Mayor, Council Members, his co- workers and Pamela, his wife of 31 years. CITY COUNCIL MINUTES 3 DECEMBER 4, 2012 APPROVAL OF MINUTES MOTION — A motion was made and seconded by Council Members Franklin /Evans to approve the minutes of November 20, 2012 as submitted. CONSENT CALENDAR 1. RESOLUTION ACCEPTING A DONATION FROM VINTAGE LANDSCAPE [Resolution 2012 -066] 2. EXCUSE CHAIRWOMAN BARROWS' ABSENCE FROM THE NOVEMBER 27, 2012 PLANNING COMMISSION MEETING 3. SECOND READING OF ORDINANCE NO. 505 AMENDING CERTAIN SECTIONS OF TITLE 9 (ZONING) OF THE MUNICIPAL CODE, SPECIFICALLY, SECTIONS RELATING TO: RC DISTRICT DEVELOPMENT STANDARDS; GARAGE AND CARPORT SETBACKS; TABLE 9 -11; DISTINGUISHING WHEN TANDEM PARKING IS PERMITTED, AND; AMENDING THE DEVELOPMENT STANDARDS APPLICABLE TO SUCH PARKING. CASE NO: ZOA 2012 -109 4. SPECIAL IRRIGATION AND DRAINAGE SYSTEM INSTALLATION AND SERVICE AGREEMENT AMONG THE CITY OF LA QUINTA, CITY OF INDIO AND THE COACHELLA VALLEY WATER DISTRICT 5. ACCEPT PROJECT 2011 -12, STABILIZATION OF CITY -OWNED PROPERTIES 6. FISCAL YEAR 2011/2012 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT 7. FISCAL YEAR 2011/2012 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT 8. EXCUSE INVESTMENT ADVISORY BOARD MEMBER DAVID PARK FROM THE NOVEMBER 14, 2012 INVESTMENT ADVISORY BOARD MEETING 9. DEMAND REGISTER DATED DECEMBER 4, 2012 MOTION — A motion was made and seconded by. Council Members Franklin /Henderson to approve Consent Calendar items as recommended. Motion passed unanimously. Council Member Osborne thanked Vintage Landscape for their donation of the landscape work and materials around the 9/11 Memorial. CITY COUNCIL MINUTES 4 DECEMBER 4, 2012 BUSINESS SESSION 3. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2012 Finance Director Bird presented the staff report which is on file in the City Clerk's Office. In response to Council Member Osborne, Director Bird said that based on the most current actuary report, the City is fully funded in its liability for employee pension and benefit reserves. Council Member Osborne pointed out that the SilverRock operating fund has a positive cash flow of $312,000. The SilverRock income statement shows a loss of $500,000 but this is due to factoring in depreciation. Mr. Osborne also noted that the city's fund balance is $2.7 million above the budgeted fund balance which indicated good, conservative operation. He noted that the financial statement was outstanding and deserves all the awards it gets. In response to Council Member Franklin, City Attorney Jenson said that the loans from the former Redevelopment Agency to various projects are still loans on the books and at some point, the Successor Agency and Oversight Board may negotiate a reduction to get them paid off but for now the loans are still an asset. Council Member Henderson clarified that there was no reduction in service levels of Police and Fire. The savings are a result of either over- budgeting or savings within those departments. Council Member Evans clarified that La Quinta does not provide health benefits for the life of a retiree unlike many other cities. Council Member Henderson encouraged Management's Discussion and Analysis Comprehensive Annual Financial Report financial activities. those interested in the city to read the section on pages 3 through 16 of the for an excellent overview of the city's Mayor Adolph thanked Director Bird for the summation pages which provide a condensed and informative financial report for laymen. MOTION - A motion was made and seconded by Council Members Fran kliniHenderson to approve, receive and file the Comprehensive Annual Financial Report for the Year Ended June 30, 2012. CITY COUNCIL MINUTES 5 DECEMBER 4, 2012 4. EXTEND THE EXISTING GOLF COURSE MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC Golf Manager Hewlett presented the staff report which is on file in the City Clerk's Office. In response.to Council Member Osborne, Community Services Director Hylton said that a 2% reserve is set aside at the time of each annual plan and is part of the management agreement. Council Member Franklin said that given Landmark's track record, the progress made over the past four years, the upcoming canal project combined with Landmark's expertise and knowledge of the course, Ms. Franklin would support extending the agreement for five years. Council Members Evans and Henderson agreed with Council Member Franklin. They said they did not want to go out with an RFP for a new operator at this time. Mayor Adolph said that with so much pending at SilverRock such as the development and canal project, he was in favor of extending the contract with Landmark right now. He said they've done a great job and produced a profit. MOTION — A motion was made and seconded by Council Members Evans /Franklin to direct staff to negotiate a five -year extension to the existing golf course management agreement with Landmark Golf Management, LLC. Motion passed unanimously. 5. pulled > > > AUTHORIZE 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 ARCH INSURANCE COMPANY AND PH RANCH, LLC AS NECESSARY TO COMPLETE IMPROVEMENTS FOR TRACT MAP 31348, ESTATES AT POINT HAPPY STUDY SESSION 1. PUBLIC, EDUCATIONAL AND GOVERNMENT CABLE FRANCHISE FEE OF 1% Management Analyst Santana presented the staff report which is on file in the City Clerk's Office. City Clerk Maysels and Building & Safety Director Butler provided additional information on current capabilities and future options available. CITY COUNCIL MINUTES 6 DECEMBER 4, 2012 Council Member Osborne asked staff to research new dais monitors with better resolution. City Manager Spevacek informed Council that staff has had ongoing discussions about the Council Chambers because it has had no improvements since it was constructed in 1993. The sagging wall fabric is an issue and the display and projection screens are technology from 1993. He said staff is considering painting the ceiling for better light reflection and installing history boards around the room to show the heritage of the city. In response to Mayor Adolph City Clerk Maysels said that the agenda /recording software being considered allow the city to track the number of visitors who click on meeting audio /video. Mayor Adolph said that the major reason Council has not pursued videotaping in the past was a lack of interest from residents in watching the meetings. Council Member Henderson said that some requests to put meeting audio or video on the website cite the start time of meetings as the reason for the request. That issue could be taken care of by starting meetings after working hours should the Council wish to have that discussion. Ms. Henderson would like to see the addition.of the meeting audio on the website move forward but before investing in upgrades to the building, equipment and software infrastructure for videotaping, she would like to discuss this further and to include it in budget hearings. Ms. Henderson noted that she communicates with ,Council Members all over the State and invariably, airing meeting videos has been a negative experience so she asks that Council proceed cautiously with discussion on this issue. Mayor Adolph noted that Council meetings often extend into the evening hours, past 7:00 p.m. and the public may bring up any issue at that time during the Public Comment section of the agenda. In response to Council Member Franklin, Management Analyst Santana explained that the video options are (1) broadcasting meetings live on the city's website (called web streaming) or on cable television or; (2) video tape meetings and add them to an archive on the website that the public can watch starting three to seven days after the meeting. Mr. Santana said that one -time costs include equipment purchases and lighting and sound improvements to the Council Chambers which the PEG fees would cover. He said the annual on -going cost for web streaming is approximately $10,000. The annual on -going cost for video archiving where the videographer provides all the equipment, is approximately $23,000. In response to Council Member Osborne, Mr. Santana said that the upfront costs for the video archiving option mentioned above would be for lighting improvements. In addition, for both options there would be a one -time cost for CITY COUNCIL MINUTES 7 DECEMBER 4, 2012 additional computer storage and increasing available bandwidth of approximately $32,000. Council Member Osborne said he believes the city needs to start videotaping its meetings and the PEG fee is a good way to get it started. He stated that a change in meeting start time is unlikely to generate more public attendance. Council Member Evans stated that she supports the PEG fee. She said it's time to reconsider everything previously passed on, postponed or delayed as an opportunity to bring the city current. The meeting start time is a consideration too because the median age of the population is about 43 now, meaning half the population is working. The unsettlement of state and federal government produces a sense of greater need for transparency and to reach all constituents, the city has to use all forms of media. As discussions on SilverRock and Village developments start, it's a great time to invite residents and others to participate and follow developments on the website. Ms. Evans suggested a staff person could be assigned to posting highlights of Council meeting real -time on social media in addition to whatever is decided regarding videotaping. She said it's time to find a balance between being archaic and on the edge of technology. Mayor Adolph said that Council's concern in the past has always been that very few residents would watch it and the 1 % PEG fee along with operational costs would not be justified. If that has changed, it should be reconsidered. Council Member Franklin said that Chip Miller Production Company is a local La Quinta professional in this matter, so she would recommend that he be given an opportunity to look at the room and equipment. REPORTS AND INFORMATIONAL ITEMS Greater Palm Springs Convention & Visitors' Bureau (CVB) - Council Member Evans reported that hotel occupancy is up. The annual event is December 6" at CVB offices for all CVB partners and the tourism industry. League of California Cities - Council Member Henderson handed out a document from the League of California Cities entitled: "Proposed Multi -Year Advocacy Strategies to Expand and Protect Local Control." ' Ms. Henderson will be responsible for distributing this information to Riverside County cities and bringing their comments back to the League. To continue the existing law suit(s) against the State re: AB1484, the League will be asking cities for an additional, voluntary 10% over their dues amount. Chamber of Commerce - Council Member Osborne reported that the Chamber is quite busy with various upcoming events. CITY COUNCIL MINUTES 8 DECEMBER 4, 2012 Coachella Valley Association of Governments (CVAG) — Mayor Adolph reported CVAG considers the Jefferson /1 -10 interchange an important project and expect construction to start in 2014. CVAG approved La Quinta becoming a member of Transportation Uniform Mitigation Fee (TUMF) which is good news as it will save the city money down the road. DEPARTMENT REPORTS Council Member Henderson clarified the reason for the "RESPONSE TO PUBLIC COMMENT" report. The purpose was to report back to Council any actions or responses staff provided to public speakers at meetings. It has evolved to a report restating the publics' comments. The options are to discontinue the report or revert to its original purpose. MAYOR AND COUNCIL MEMBER'S ITEMS Council Member Franklin announced that she and Council Member Evans have been asked to join the Charity Distribution Committee as adjuncts in addition to Council Member Henderson who represents the city. She credit Mayor Adolph for getting La Quinta on the Committee in the first place. Mayor Adolph said that Scott Hines asked that La Quinta be responsive to funding Roy's Shelter so the Mayor asked that it be considered again during budget review. Council Member Evans reported on the Blue Light ceremony La Quinta hosted for Riverside County. She also commended the Chamber of Commerce for supporting the Marine Corp and Toys for Tots programs. PUBLIC HEARINGS — NONE ADJOURNMENT There being no further business, it was moved and seconded by Council Members Evans /Henderson to adjourn the meeting at 5:33 p.m. Motion passed unanimously. Respectfully submitted, al * A k- SUSAN MAYSELS, ty Clerk City of La Quinta, California CITY COUNCIL MINUTES 9 DECEMBER 4, 2012