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2012 12 18 CC MinutesCITY COUNCIL MINUTES TUESDAY, DECEMBER 18, 2012 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 EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS 2. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54954.9(C) (TWO MATTERS) The City Council recessed to Closed Session at 3:02 p.m. Mayor Adolph reconvened the City Council meeting at 4:O1p.m. with all Members present. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Public Speaker: Kay Wolff, La Quinta — Ms. Wolff spoke about the proposed staff reduction, reserves, budget deficit, Lighting and Landscape District losses, timing of reductions, effect of layoff on services, and reduction in code enforcement. She suggested that layoffs be delayed until June for transition - planning for the city and job- hunting time for employees. CITY COUNCIL MINUTES 1 DECEMBER 18, 2012 Public Speaker: Ann Macnob, La Quinta - Ms. Macnob spoke about the odor from California Bio Mass and requested that the Mayor and Council write to Bio Mass asking them to vacate their current location and provide remediation plans. CONFIRMATION OF AGENDA - Confirmed PRESENTATIONS 1. PRESENTATION BY AMERICAN PUBLIC WORKS ASSOCIATION, SOUTHERN CALIFORNIA CHAPTER PRESIDENT TO THE CITY OF LA QUINTA PUBLIC WORKS DEPARTMENT RECOGNIZING COMPLETION OF THE SELF - ASSESSMENT PROCESS AND PREPARATION FOR ACCREDITATION Chris Vogt, Southern California Chapter President of the American Public Works Association, presented a Certificate of Recognition to La Quinta Public Works Director Timothy Jonasson. Mr. Jonasson accepted the award and credited Public Works staff for the achievement, in particular, Management Analyst Ann Dixson. SCHOOL SECURITY REPORT At the request of Mayor Adolph, Captain Andrew Shouse, La Quinta Police Chief, and Lt. Matt Jimenez, La Quinta Assistant Police Chief, explained La Quinta school security. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - A motion was made and seconded by Council Members Evans/ Henderson to approve the minutes of December 4, 2012 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. EXCUSE COMMISSIONER WEBER'S ABSENCE FROM THE JANUARY 8, 2013 PLANNING COMMISSION MEETING 2. DENIAL OF CLAIM FOR DAMAGES FILED BY: ERIN COLLINS; DATE OF LOSS - MAY 25, 2012 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2012 CITY COUNCIL MINUTES 2 DECEMBER 18, 2012 4. ANNUAL DISTRICT INFORMATION SHEET FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 97 -1 FOR FISCAL YEAR ENDED JUNE 30, 2012 5. ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000 -1 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDED JUNE 30, 2012 6. AUTHORIZE THE CITY MANAGER TO SUBMIT A CLAIM FOR DAMAGES TO THE COUNTY OF RIVERSIDE RELATING TO THE PROPERTY TAX ADMINISTRATION FEES AND /OR TO ENTER A TOLLING AGREEMENT WITH THE COUNTY OF RIVERSIDE SUSPENDING THE TIME PERIOD TO BRING AN ACTION FOR THE RECOVERY OF SUCH FEES 7. EXCUSE BOARD MEMBER DONAIS FROM THE DECEMBER 12, 2012 INVESTMENT ADVISORY BOARD MEETING 8. DEMAND REGISTER DATED DECEMBER 18, 2012 9. DEVELOPER REQUEST TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE AND ONSITE IMPROVEMENTS FOR PARCEL MAP 29052, LUNDIN DEVELOPMENT, BLP DESERT, LP 10. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2012 MOTION — A motion was made and seconded by Council Members Evans /Franklin to approve Consent Calendar items as recommended. Motion passed unanimously. BUSINESS SESSION 1. PILLARS OF THE COMMUNITY NOMINATIONS Community Services Director Hylton 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 recognize Ann Kosich, Christi Salamone and Fred Wolff as Pillars of the Community. Motion passed unanimously. 2. AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY 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 CITY COUNCIL MINUTES 3 DECEMBER 18, 2012 Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. Council Members requested clarification on some aspects of the report from Director Jonasson and City Attorney Jenson. Public Speaker: Jeff Rush, La Quinta - Estates at Point Happy Board Member. Mr. Rush explained concerns the Homeowners' Association have regarding irrigation on the property and asked Council to consider including those concerns in any action the city decides to take. Public Speaker: Rick Wilkerson, La Quinta - Mr. Wilkerson stated that he was a partner in the initial development company for the Point Happy project; however, the property is now owned by another party. Mr. Wilkerson was concerned that a city lawsuit against Arch Insurance Company would cause Arch Insurance to file suit against him. He asked the Council to postpone city action and cited various reasons supporting this request. He suggested that the city let events work their way out for six months. During this time, he said he would try to purchase the vacant lots to install the necessary water retention system. City Attorney Jenson explained that the four -year anniversary of the date improvements were to be complete is approaching, so exceeding the statute of limitation on action is a concern. A "tolling agreement," which stops the progression of the statute of limitations and allows for additional time to resolve the claims, is possible. Public Speaker: Rob Bernheimer, attorney for the current owner of Point Happy Estates, who purchased it from US Bank. Mr. Bernheimer said the resolution of the incomplete improvements is an issue between the city and the bond company only. He said that you don't get a bond company's attention until a lawsuit is filed, and resolution is likely to take a year to work out. His client purchased the project believing the flood work was either done, or bonded to be done. It is not his Client's responsibility and he should not be burdened with it. The 29 lots his client purchased for development cannot now be designated for flood water retention. On behalf of his client, Mr. Bernheimer asked that Council approve the staff's recommendations in the report. He said that all parties must take flooding issues seriously. Public Speaker: Michael Gandy, Arch Insurance (no speaker form so name may be misspelled and title is unknown) - Mr. Gandy presented Arch Insurance Company's position on this matter. CITY COUNCIL MINUTES 4 DECEMBER 18, 2012 MOTION - A motion was made and seconded by Council Members Osborne /Evans to authorize the City Manager and City Attorney to enforce the city's rights under the bonds, including: (1) the initiation of litigation against Arch Insurance Company and PH Ranch, LLC as necessary to complete improvements for Tract Map No. 31348, Estates at Point Happy; (2) the execution of a settlement agreement if a reasonable settlement is reached; and /or (3) the execution of a tolling agreement to suspend the running of the statute of limitations. Motion passed unanimously. 3. SELECT A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP /INFORMATION EXCHANGE COMMITTEE The staff report is on file in the City Clerk's Office. MOTION - A motion was made and seconded by Council Members Franklin/ Osborne to select Council Member Evans as the City's representative to the Chamber of Commerce Workshop /Information Exchange Committee for three successive meetings. Motion passed unanimously. STUDY SESSION 1. ALTERNATIVES FOR THE REPLACEMENT OF THE COACHELLA CANAL WITHIN THE SILVERROCK GOLF COURSE Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. Council Member Franklin said that she does not believe the parallel canal can be done without TNT because it's right up against the mountain. She would like the Coachella Valley Water District (CVWD) engineer to answer design questions. The other alternative is preferable, but the city does not have access to the bond funds right now and CVWD wants to move forward now, so there doesn't seem to be an answer. Ms. Franklin said she is also concerned that the parallel canal design is a band -aid approach. In response to Council Member Henderson, Director Jonasson explained that CVWD started studying this project in 2009 and would like to move forward due to concerns about capacity demands to the south. There is also a large fracture in the canal. Mayor Adolph said he is not in favor of the parallel canal due to its limiting effects on SilverRock development. He suggests working with perspective developers of SilverRock to see if building the pipeline could be a condition of development. CITY COUNCIL MINUTES 5 DECEMBER 18, 2012 Council Member Osborne advised staff to explain to CVWD the need for additional time due to the uncertainty regarding availability of bond funds while the city awaits state review. In response to Council Member Osborne, Director Jonasson said that the pump stations do not have to be moved. If the pipeline alternative is chosen, City Attorney Jenson explained that city- or developer -use of the abandoned, filled -in canal land will depend upon language in easement documents. In response to Council Member Evans, Director Jonasson said that CVWD has underground pipes in Shadow Hills and through the middle of Trilogy. City Attorney Jenson explained that CVWD will insist on access to their underground pipe and if necessary, they would remove improvements such as landscaping to get to their pipe for repairs. Any improvements the city installed on top of the pipe would be at the city's own risk. City Attorney Jenson confirmed that if the city proceeds with this project, and the State Department of Finance restricts city use of the bond funds for this project, the cost would have to come from General Fund reserves. Ms. Evans said that the city must consider the long -term financial sustainability of SilverRock and consider its importance not only as a golfing center but as a critical source of transient occupancy tax in future years that should be free from as many obstacles as possible. She supports the underground pipe alternative and believes financing it must be figured out, including exploring the Mayor's idea of sharing cost with a developer. Ms. Evans recommends meeting with CVWD to buy some time and as a Member of the Oversight Board, they should understand the situation with State review of bond funds. In response to Mayor Adolph, Director Jonasson said that the plan would be to run the pipe in the parkway, not the street, so that if CVWD needed to get to the pipe, they would not be tearing up the street, but lesser improvements such as landscape. Council Member Henderson noted that a delay in deciding would delay the project for another year so that the work is done during summer months. She said that in order for the city to make a good, solid, logical, informative decision, the city needs to know the results of the State's review. She supports renewed discussions with CVWD. City Manager Spevacek explained that it would be beneficial to have additional time to work through another challenge with CVWD. CVWD will require clear title to property for the canal from the Successor Agency but this land is also part of the assets under review by the State Department of Finance. The city would have to give CVWD clear title from the Successor Agency. City Manager Spevacek said this item is due to be on the January 15, 2013 agenda as a voting item. CITY COUNCIL MINUTES 6 DECEMBER 18, 2012 Council Member Franklin said that if CVWD moves forward with the parallel canal alternative, the city will be forced to quickly move its golf course irrigation. Andy Vossler, with Landmark Golf, said that they would need 30 days plus time for the approval process through regulatory bodies. Council Members concurred that every option should be explored with Developers. Also, understanding the circumstances leading to installation of underground pipes at Shadow Hills and Trilogy is important. Council directed staff to request a delay from CVWD until the State completes its review. Council directed staff to inform CVWD that Council supports the pipeline option. 2. POLICE DEPARTMENT SERVICES Management Analyst Santana presented the staff report, which is on file in the City Clerk's Office. Captain Andrew Shouse, Commander of the Thermal Station /La Quinta Police Chief, and Lt. Matt Jimenez, La Quinta Assistant Police Chief, gave an overview of police services provided by the Riverside County Sheriff's Department. The power point presentation is on file in the City Clerk's Office. Update re: California Bio Mass Odor Problem. Mayor Adolph reported that his communications with County Supervisor Benoit have not yielded any new information. Planning Director Johnson provided an update on odor - minimizing measures being taken by the company. He said that it is up to the County to pursue remedies against the company if it neglects to take corrective action. City Attorney Jenson said that her office will follow up on this with the Air Quality Management District. Mayor Adolph asked staff to send another letter to Supervisor Benoit voicing Council's frustration that the situation has not been corrected and Council is considering legal action. Council Member Evans suggested that the city demand that Riverside County revoke California Bio Mass's permit and cite continued complaints, lack of enforcement, and health impacts reported by residents. It's time to put more pressure on the County for the protection of La Quinta residents. The City Council recessed at 7:04 p.m. Mayor Adolph reconvened the City Council meeting at 7:20 p.m. with all Members present. CITY COUNCIL MINUTES 7 DECEMBER 18, 2012 PUBLIC COMMENT Public Speaker: Kathy Housel, La Quinta — Ms. Housel informed Council on Air Quality Management District's inspection of sewer pipes in the vicinity. She said putty sealant was missing along the edges of 4" pipes from August 3, 2012 to present. It has been repaired, and compared to the odor coming from the 40 -acre Bio Mass site, this was a minor issue. Public Speaker: Dan Farris, CVWD, Director of Operations — Mr. Farris said that the holes have been repaired and are unlikely to have caused the significant odors over the past year. Public Speaker: Fritz Bachli, La Quinta — Mr. Bachli reported on his meeting with Lori Hulk, Supervising Environmental Health Specialist, who signed the Notice of Order. PRESENTATIONS — None PUBLIC HEARINGS 1. ADOPT RESOLUTIONS CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, THE GREENHOUSE GAS INVENTORY AND REDUCTION PLAN, AND THE 2035 LA QUINTA GENERAL PLAN Planning Director Johnson and Principal Planner Mogensen presented the staff report, which is on file in the City Clerk's Office. Mayor Adolph declared the PUBLIC HEARING OPEN at 8:18 p.m. Public Speaker: Neeta Quinn, La Quinta — Ms. Quinn said she was concerned that the word "sustainability" is used all over the staff report. She said stakeholder workshops were held before anyone knew what Agenda 21 was, so no one knew what questions to ask. She said the community vision section needs clarification. She said she didn't really understand the report, and asked Council to hold off on approval and to take time to do individual research. Public Speaker: Len Wahlert, La Quinta — Mr. Wahlert said he knows that no Council Member or staff person is evil or intends the city harm, but he has concerns with the words and intentions in the General Plan document. He referred to his letter dated 12/18/2012 distributed to the Council and on file in the City Clerk's Office. CITY COUNCIL MINUTES 8 DECEMBER 18, 2012 Public Speaker: Mario Sewell, La Quinta Cove — Mr. Sewell spoke in favor of the staff report recommendations. He said the General Plan is in accordance with state law and if residents are concerned with that, Sacramento is the place to address them, not at city level. Public Speaker: Kay Wolff, La. Quinta — Ms. Wolff stated that she is a fan of General Plans. She attended all of the community outreach meetings, and the Plan contains all that she's been wishing for all these years. Ms. Wolff listed all the items she favored. Public Speaker: Thom Gottberg, La Quinta — Mr. Gottberg, a commercial real estate developer, spoke in support of the General Plan. He said he is particularly impressed with the mixed -use plan. Public Speaker: David Lennon, representing Travertine Corp. — Mr. Lennon informed Council and staff that he was present to understand the General Plan because when Travertine Corp. makes a submittal to the city for future development, it will involve a General Plan amendment. Public Speaker: Nolan Sparks, Palm Desert — Mr. Sparks said he has been working in La Quinta for 20 years. He supports the General Plan because it provides a framework for a wonderful community. He particularly likes the mixed -use concept. Mayor Adolph declared the PUBLIC HEARING CLOSED at 8:49 p.m. Council Members Henderson, Evans and Franklin suggested that this item be continued so that certain language in the Plan could be re- examined particularly the use of the word "sustainability." Council Member Osborne and Mayor Adolph agreed to the continuance. City Manager Spevacek suggested that Council hold a workshop on the subject to direct staff regarding the particular words or passages they find problematic. Council concurred and agreed to bring their list of specific items of concern to the workshop. MOTION — A motion was made and seconded by Council Members Evans /Franklin to continue this item to a date to be determined. Motion passed unanimously. CITY COUNCIL MINUTES 9 DECEMBER 18. 2012 REPORTS AND INFORMATIONAL ITEMS Imperial Irrigation District, Energy Consumers' Advisory Committee — Council Member Osborne said there has been a recommendation to raise the fee $0.01 per kilowatt. Salton Sea Action Committee Council Member Osborne recommended that the Council request a presentation from this group. Greater Palm Springs Convention & Visitor Bureau - Council Member Evans said it received accreditation from the National Tourism Association. Public Works Director Jonasson offered to answer questions regarding the city's local preference policy. He explained that his department holds pre -bid meetings to answer questions and help bidders comply. MAYOR'S AND COUNCIL MEMBER'S ITEMS Council Member Evans requested that a discussion on the Wells Marvin letter regarding Village properties be added to a future agenda. ADJOURNMENT There being no further business, it was moved and seconded by Council Members Evans /Osborne to adjourn at 9:16 p.m. Respectfully submitted, Ste, SUSAN MAYSELS, ity Clerk City of La Quinta, California CITY COUNCIL MINUTES 10 DECEMBER 18, 2012