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2013 01 02 CC MinutesCITY COUNCIL MINUTES TUESDAY, JANUARY 2, 2013 A regular meeting of the La Quinta City Council was called to order at 3:31 p.m. by Mayor Adolph. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. 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 IN LA QUINTA VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE TAMPICO, NORTH OF AVENIDA LA FONDA (APNs 770 - 123 -002, 770 - 123 -003, 770- 123-004, 770- 123 -006, 770- 123 -010, 770 -124 -002, 770- 124 -003, 770- 124 -004, 770- 124 -007, 770 - 124 -009). PROPERTY OWNERINEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN 2. 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 THE CITY COUNCIL RECESSED TO CLOSED SESSION AT 3:32 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:03 P.M. WITH ALL MEMBERS PRESENT Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Public Speaker: Christi Salamone, La Quinta - Ms. Salamone distributed to Council a copy of the program from the first La Quinta Arts Festival. She thanked Council and the community for their support and for providing the most beautiful festival site in the nation.. Ms. Salamone said she is before Council to announce that the CITY COUNCIL MINUTES 1 JANUARY 2, 2013 La Quinta Arts Festival has just been ranked the number one fine arts festival in the nation. She noted that Festival Board Members are working hard. to produce another stellar event March 7 -10 this year. Ms. Salamone presented to the City a framed 2013 Arts Festival poster. Public Speaker: Kay Wolff, La Quinta - Ms. Wolff wondered why a plan to raise Lighting and Landscaping District revenue was not included in the Service Delivery Options staff report to offset the need to cut staff. She said that Council decided to wait on addressing these fee increases until after the Municipal elections, so now she is interested in knowing the plan and timeline for addressing increases. She believes the public needs to take its share of responsibility for balancing the city budget. Ms. Wolff asked if the new staff organization resulted in a net gain or loss in salary costs. Ms. Wolff expressed her support of the new GoRequest program but given the layoffs, was concerned about the staffing available to respond to the more numerous citizen requests. Lastly, Ms. Wolff asked if the $1.5 million in proposed technology upgrades was needed as a result of personnel layoffs or if it is needed in spite of the layoffs. Public Speaker: Kathy Housel, La Quinta - Ms. Housel noted that she is still waiting for responses from the County on California Bio Mass complaints. Mayor Adolph informed Ms. Housel that the City Attorney sent a letter out today to the County Supervisor stating enough is enough. Public Speaker: Stu Wells, Mayor of Osoyoos, British Columbia - Mayor Wells extended his best wishes to Council from a Canadian snow bird. CONFIRMATION OF AGENDA Council Member Franklin requested that Consent Calendar Item Nos. 5 and 6 be pulled for discussion. Council concurred. PRESENTATIONS 1. PRESENTATION OF 2012 PUBLIC WORKS AWARENESS AWARD FROM SOUTHERN CALIFORNIA AMERICAN PUBLIC .WORKS ASSOCIATION FOR ANNUAL HIGH SCHOOL STUDENT OUTREACH PROGRAM Public Works Director Jonasson presented the award, thanked his staff and noted that this is the fourth year the city has received this award. WRITTEN COMMUNICATIONS - None CITY COUNCIL MINUTES 2 JANUARY 2, 2013 APPROVAL OF MINUTES MOTION — A motion was made and seconded by Council Members Evans/ Henderson to approve the minutes of December 18, 2012 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR PARCEL MAP 35900, ARNOLD PALMER OFFICE BUILDINGS, DAVID CHAPMAN INVESTMENTS, LLC [Resolution 2013 -0011 2. EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 35900, ARNOLD PALMER OFFICE BUILDINGS, DAVID CHAPMAN INVESTMENTS, LLC [Resolution 2013 -0021 3. EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31681 -3, ANDALUSIA, CORAL OPTION I, LLC [Resolution 2013 -0031 4. LICENSE AGREEMENT FOR PEDESTRIAN, VEHICLE AND UTILITY IMPROVEMENTS WITH COSTCO WHOLESALE CORPORATION FOR CONSTRUCTION OF A VEHICULAR CROSS ACCESS POINT, SIDEWALK IMPROVEMENTS AND A UTILITY CONNECTION ON COSTCO WHOLESALE CORPORATION'S PROPERTY 5. pulled > > >A PROFESSIONAL SERVICES AGREEMENT WITH THE TALL MAN GROUP FOR REAL ESTATE ANALYSIS AND AFFORDABLE HOUSING CONSULTING SERVICES AND APPROVAL OF APPROPRIATION 6. pulled> > >A PROFESSIONAL SERVICES AGREEMENT WITH GAFCON, INC. FOR REAL ESTATE ANALYSIS AND APPROVAL OF APPROPRIATION 7. APPLY TO THE CALIFORNIA OFFICE OF TRAFFIC AND SAFETY FOR THE SOBRIETY CHECKPOINT GRANT PROGRAM FUNDING FOR FISCAL YEAR 2013/2014 8. DEMAND REGISTER DATED JANUARY 2, 2013 MOTION — A motion was made and seconded by Council Members Evans/ Henderson to approve Consent Calendar Item Nos. 1 -4 and 7 -8 as recommended, with Items 1, 2, and 3 adopting Resolution Nos. 2013 -001, 2013 -002 and 2013- 003 respectively. Motion passed unanimously. CITY COUNCIL MINUTES 3 JANUARY 2, 2013 BUSINESS SESSION 1., SERVICE DELIVERY OPTIONS REPORT City Manager Spevacek and Department Directors presented the staff report, which is on file in the City Clerk's Office. In response to Council Member Osborne, Director Hylton explained that facility maintenance staff is being moved to Community Services rather than Public Works because these employees maintain city -owned buildings, most of which are managed by Community Services (library, senior center, museum, etc.) whereas Public Works maintains city infrastructure and outdoor facilities such as streets and medians. In response to Council Member Osborne, City Manager Spevacek explained that the new Assistant to the City Manager position is different from an Assistant City Manager position in that it is a lower pay grade with lesser responsibilities. The Assistant to the City Manager will administer major contracts. Mr. Spevacek said that the new Business Analyst position will provide real estate analysis, assist with revenue projections, and oversee the implementation of new technology. Mr. Spevacek explained that the volume of activity in the city is such that one person could not handle the work load of both the business analyst and the strategic planner assisting the City Manager to move the city forward. Mr. Spevacek explained that the duties of the new Housing Coordinator position are more than oversight of the Coral Mountain and Washington Street Apartment projects. He said housing matters include oversight of the 600+ affordable housing second trust deed agreements serviced by an outside consultant, which have covenants extending 25 to 45 years. In addition, La Quinta has a variety of multi - family and senior housing units that require annual compliance monitoring and someone in -house needs to do these tasks. The position was redefined and the salary reduced from the present level because of a decrease in activity, and if the workload decreases further in the future, the position will be adjusted. Mr. Spevacek explained that economic development activities will be split between the City Manager's Office and the new Community Development Department. In response to Council Member Osborne, City Manager Spevacek said that a Housing Coordinator will not possess the depth and breadth of expertise brought by the real estate consultants, Tall Man Group and Gafcon (contracts to be discussed later in this meeting): The Business Analyst to be hired will be expected to have such talents. In the meantime, it was expected that expertise to evaluate SilverRock proposals village property offers, and a change in the funding parameters for the Washington Street Apartments would be needed before the Business Analyst is hired. CITY COUNCIL MINUTES 4 JANUARY 2, 2013 In response to Council Member Osborne, Public Works Director Jonasson explained that the reduction to street sweeping services last year consisted of cutting the north La Quinta contractor's holiday make -up days and eliminating sweeping during the fifth week of months. Mr. Jonasson said that current reductions and savings are due to the elimination of the contractor and reducing sweeping to every other week instead of every week. He said that city staff with city -owned sweepers can accomplish the task for $8 per mile less than a contractor. In response to Council Member Franklin, Public Works Director Jonasson said that the City Maintenance Manager would be responding to GoRequests received by his department. Council Member Franklin commented that it was great that Public Works was looking into sharing resources with other cities because it is a win -win situation for all involved. Council Member Henderson thanked staff for the thorough presentation. In response to Council Member Evans, City Manager Spevacek explained how the city's new streamlining will be communicated and introduced to the community. He said that it was included in the city newsletter and staff is embarking on an outreach campaign to dialog with community and business groups to promote an understanding of the city's financial condition and explain the changes planned. City Manager Spevacek said that staff understands that any discussion with the community regarding fee increases or revenue enhancements first requires a demonstration that the city's internal operation has been scrutinized and adjusted without cutting services. Next, tax payers who wish to enjoy the services provided will have to look at revenues. The outreach campaign will give staff an opportunity to start the dialog and provide taxpayers with an understanding of how their city operates. He noted that 55% of city revenue is generated locally and 45% of city expenses go to police and fire services. On a La Quinta house worth $300,000 paying $3,000 in property tax, the city receives about $280. Mr. Spevacek said that it's important for residents to understand the city's finances. so intelligent decisions can be made. Mayor Adolph thanked staff for doing a good job under very tough circumstances. Public Speaker: Dave Heckman, La Quinta — Mr. Heckman complimented Anthony Moreno (Senior Code Compliance Officer), and appreciates his work. He is concerned that a reduction in code enforcement will result in more cars left on the street on street sweeping days. He suggested installing signage, ticketing or towing cars, or establishing a permit system for street parking and paying for this with funds collected from fines. Mr. Heckman said that he hopes that Council maintains the high level of code enforcement. CITY COUNCIL MINUTES 5 JANUARY 2, 2013 Council Member Henderson said it's challenging and difficult to realize that this is a new world. City employees understood the problem, came to the table, and dealt with it realistically. Ms. Henderson stated that she was proud of city staff, and thanked the employees who are leaving for the time they spent with the city. Council Member Evans said that these 22 people helped build our city, participated in events, and have been part of what made this city the Gem of the Desert. This decision is not easy for Council but, faced with the demand and the work that must be done, this is the alternative Council must face. Ms. Evans supports this endeavor based on the process underwent to develop it. She feels for the employees and families of those the city will lose. Ms. Evans said the Council wanted to be fair to them and as seen in the severance package, Council went above and beyond what is required by law because these employees mean so much. Ms. Evans wished them all the best and thanked them for all their years of service, which will not be forgotten. She thanked the Executive Team and noted that the challenge is ahead to deliver in this new world. She stated that Council will be there to support and challenge staff moving forward. Council Member Osborne said that the City Manager and Executive Team has done an outstanding job reorganizing city systems from an efficiency standpoint, cost standpoint, and delivery of services to citizens, which resulted in the extremely difficult layoff of 22 employees. Mr. Osborne said he believes the work of Housing Coordinator, Assistant to the City Manager and Business Analyst may be done by just two positions but he fully supports all other aspects of the report as unfortunate as it is to lose 22 good people. Council Member Franklin said that Council can give all the reasons for supporting this report but understands that it does not soften the impact for the 22 employees who will not have a job with the city. She said that no Council Member has taken this decision lightly; they have met over and over, and discussed every possible solution. Ms. Franklin said that the bottom line remains that Council has a responsibility to the community to ensure that the city remains fiscally strong. Ms. Franklin thanked staff for their presentation. Mayor Adolph said that approximately two years ago valley cities started reducing staff but after many meetings, Council and the City Manager decided to do everything possible to avoid layoffs. Then, when faced with a $2 million deficit, Council offered voluntary retirement packages resulting in staff reductions, but this did not fully resolve the deficit problem and the city continued to live off reserves. A new City Manager was hired this summer and he was charged with balancing the budget. Mayor Adolph said that every possible solution short of layoffs was examined. He noted that when the City of La Quinta hires a new employee, they do so with the idea that s /he will stay for the duration and retire from city employment. Unfortunately this is the last resort, there is no option left for CITY COUNCIL MINUTES 6 JANUARY 2, 2013 Council. Mayor Adolph expressed how much he hates taking this action due to his fondness for the employees and their great work. He feels he must support this report because as much as he hates it, the city cannot continue to draw down the reserves. Mayor Adolph complimented staff for the difficult work of developing this plan. MOTION — A motion was made and seconded by Council Members Henderson/ Evans to approve (1) the new organization plan that reduces the City's work force and combines the Building and Safety and Planning Departments, (2) a reduction in work force, (3) new job classifications for Assistant City Engineer, Assistant to the City Manager, Building Official /Emergency Manager, Business Analyst, Housing Coordinator and Deputy City Clerk, and (4) a revised salary schedule. Motion passed unanimously. 2. SELECT COUNCIL MEMBERS AS LA QUINTA REPRESENTATIVES ON VARIOUS COMMITTEES FOR 2013 City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office. MOTION — A motion was made by Council Members Evans /Henderson to retain all existing 2012 appointments for 2013 except that Mayor Pro Tem Franklin will become the Alternate to the Coachella Valley Association of Governments Executive Committee, and Council Member Evans will fill the vacant Alternate position for the Coachella Valley Economic Partnership. Motion passed unanimously. 3. APPOINT MEMBERS TO THE IMPERIAL IRRIGATION DISTRICT'S ENERGY CONSUMERS' ADVISORY COMMITTEE, AND THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL BOARD 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 Franklin/ Osborne to make the following appointments: IID — Energy Consumers' Advisory Committee, 4 -year term: Mark D. Weber CV Mosquito and Vector Control Board, 4 -year term: Robert G. Cox Motion passed unanimously 4. AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO ENFORCE THE CITY'S RIGHTS UNDER THE BONDS, INCLUDING THE INITIATION OF LITIGATION AGAINST BOND SAFEGUARD INSURANCE COMPANY AND MARK RINDLESBACH, TRUSTEE OF THE RINDLESBACH CONSTRUCTION, CITY COUNCIL MINUTES 7 JANUARY 2, 2013 INC. AS NECESSARY TO COMPLETE IMPROVEMENTS FOR TRACT MAP 31852, POLO ESTATES Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. In response to Council Member Evans, City Attorney Jenson explained that the entity no longer exists so there is no one to request an extension, and staff has been extremely lenient with bond representatives with no progress. By providing staff with the three alternatives, it gives them the authority to file, but attempts to reach a settlement or tolling agreement will first be pursued. Principal Engineer Wimmer said that there are other projects with similar situations that will be brought to Council as their due dates approach. MOTION — A motion was made and seconded by Council Members Evans /Franklin to authorize the City Manager and the City Attorney to enforce the city's rights under the bonds, including (1) the initiation of litigation against' Bond Safeguard Insurance Company and Mark Rindlesbach, Trustee of the Rindlesbach Construction, Inc. as necessary to complete improvements for Tract 31852; and /or (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. CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION 5. A PROFESSIONAL SERVICES AGREEMENT WITH THE TALL MAN GROUP FOR REAL ESTATE ANALYSIS AND AFFORDABLE HOUSING CONSULTING SERVICES AND APPROVAL OF APPROPRIATION 6. A PROFESSIONAL SERVICES AGREEMENT WITH GAFCON, INC. FOR REAL ESTATE ANALYSIS AND APPROVAL OF APPROPRIATION Council Member Franklin asked that these items be delayed since State action on Redevelopment Agency funds is pending, no developer has been selected for SilverRock, and under the new organization plan, it's possible some of these services could be done in house. Public Speaker: Dave Heckman, La Quinta — Mr. Heckman suggested that the city hold off on hiring consultants until it's known what Redevelopment Agency funds the city will retain once the State Controller is done with his audit. Council Member Osborne said he believes that a consultant to provide the services noted in Item No. 5 is not needed; the new Housing Coordinator should be able to CITY COUNCIL MINUTES 8 JANUARY 2, 2013 provide this. He said Item No. 6 can wait until a developer is selected for SilverRock. That will be an extremely complicated analysis. Council Member Henderson stated that the Housing Coordinator is not going to have the expertise to complete the work noted in Item No. 5. Items taken off calendar - no action taken. STUDY SESSION 1. GOREO.UEST CITIZEN RELATIONSHIP MANAGEMENT SOLUTION Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. In response to Council Member Evans, Director Jonasson said that requests can be made anonymously. Council Member Evans asked staff to add "FREE" to the marketing flyer, and confirmed that it was being cross - marketed on Facebook and with FG Creative to get the word out. REPORTS AND INFORMATIONAL ITEMS Jacqueline Cochran Regional Airport Authority - Council Member Franklin said that she has asked the Airport Manager, Daryl Shippy to make a presentation to Council in February. DEPARTMENT REPORTS City Manager Spevacek informed Council that there is renewed interest in SilverRock development from Discovery Land. He offered a change in approach from Council- developer meetings to staff taking a more direct role and providing the expertise needed. The Mayor and all four Council Members concurred that staff should take the lead and involve Council as need be. City Attorney said that pursuant to Council's request a follow up letter has been sent to Supervisor Benoit regarding California Bio Mass. In response to Mayor Adolph, Director Jonasson said that the new street, Vista Coralina is a two -lane street, with two speed tables. He said at the Costco end, traffic will be controlled with stop signs. MAYOR'S AND COUNCIL MEMBER'S ITEMS - None PUBLIC HEARINGS - None CITY COUNCIL MINUTES 9 JANUARY 2, 2013 There being no further business, it was moved and seconded by Council Members Evans/Henderson to adjourn at 6:24 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, bty Clerk City of La Quinta, California CITY COUNCIL MINUTES 10 JANUARY 2, 2013