2013 02 19 CC MinutesCITY COUNCIL MINUTES
TUESDAY, FEBRUARY 19, 2013
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by
Mayor Adolph.
PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None.
PUBLIC COMMENT
CLOSED SESSION
1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION,
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) — 4 MATTERS
Council recessed to Closed Session at 3 :01 p.m.
Mayor Adolph reconvened the City Council meeting at 4 :01 p.m. with all Members
present.
In accordance with Government Code Section 54957.1 (Brown Act), City Attorney
Jenson reported on action taken in Closed Session regarding matter No. 2:
MOTION — A motion was made and seconded by Council Members Evans /Franklin to
authorize the City Manager to execute a Settlement Agreement with the County ,of
Riverside for the property tax administration fee dispute arising out of the California
Supreme Court decision in City of Alhambra v. County of Los Angeles The City
Manager's authority is conditioned upon final negotiations and confirmation of the
County's calculations of the refund amount. Once finalized, the Agreement will be
made available to the public. Motion passed unanimously.
Mayor Adolph led the audience in the pledge of allegiance
PUBLIC COMMENT - None
CONFIRMATION OF AGENDA - Confirmed
PRESENTATIONS
CITY COUNCIL MINUTES 1 FEBRUARY 19, 2013
1. PRESENTATION REGARDING THE JACQUELINE COCHRAN REGIONAL
AIRPORT AUTHORITY
Mr. Colby Cataldi, Assistant Director of the Riverside County Economic Development
Agency presented the history, uses, and future plans for the Jacqueline Cochran
Regional Airport. He stated the air shows now occur every other year.
In response to Council Member Osborne, Mr. Cataldi confirmed the County is proposing
to purchase the property to the south to extend the runway. He further confirmed to
Council Member Henderson that the property was never owned by the County and has
navigation easements through agreements with Kohl Ranch.
WRITTEN COMMUNICATIONS - None
APPROVAL OF MINUTES
MOTION —A motion was made and seconded by Council Members Henderson /Franklin
to approve the minutes of January 22, 2013, as submitted. Motion passed
unanimously.
MOTION —A motion was made and seconded by Council Members Franklin /Henderson
to approve the minutes of February 5, 2013, as submitted. Motion passed unanimously.
CONSENT CALENDAR
1. REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2012
2. TREASURER'S REPORT DATED DECEMBER 31, 2012
3. DEMAND REGISTER DATED FEBRUARY 19, 2013
4. STATE FUNDING IN THE AMOUNT OF $100,000 FROM THE
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
5. SECOND READING AND ADOPTION OF ORDINANCE 507 ADDING
CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO
THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEES
6. RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE
AND ONSITE IMPROVEMENTS FOR TRACT MAP 31910, CAPISTRANO, LA
QUINTA 57 ESTATES, INC. [Resolution 2013 -008]
7. RECIPIENT FOR THE 2013 SENIOR INSPIRATION AWARD PROGRAM
8. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
TO PREPARE THE PLANS, SPECIFICATIONS AND ESTIMATES FOR THE
CITY COUNCIL MINUTES 2 FEBRUARY 19, 2013
ADAMS STREET SIGNAL AND STREET IMPROVEMENTS, PROJECT NO.
2012 -01
9. OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES RECREATION
SUPERVISOR TO ATTEND THE CALIFORNIA PARKS AND RECREATION
SOCIETY CONFERENCE IN SAN JOSE, CALIFORNIA FROM MARCH 5 -8,
2013
Council Member Henderson -referred to Item No. 7 and congratulated Phyllis Stuchul for
being the recipient for the 2013 Senior Inspiration Award.
MOTION — A motion was made and seconded by Council Members Franklin /Evans to
approve the Consent Calendar as recommended with Item No. 6 adopting Resolution
2013 -008. Motion. passed unanimously.
BUSINESS SESSION
1. MID -YEAR BUDGET REVIEW
Finance Director Bird presented the staff report, which is on file in the City Clerk's
Office.
Council Member Henderson inquired about the supplemental property tax payment,
unemployment insurance, and the decrease in revenues from the recreation program.
Director Bird stated she believes the tax payment is related to the dissolution of the
Redevelopment Agency and came from unallocated funds distributed to various taxing
entities within the County. In regard to unemployment insurance, she explained the City
pays as claims are received because the City does not pay into unemployment
insurance. She will find out if not paying into unemployment insurance is voluntary.
In regard to the decrease in recreation program revenues, Community Services Director
Hylton explained the revenue projections were provided by Desert Recreation District
but now that the actual activities are known, the numbers should stabilize.
Council Member Evans asked if an increase is expected in next year's budget for the
short-term rental TOT revenue. Director Bird stated $300,000 is still a conservative
number for next year but it may increase as more residents pay.
Council Member Osborne stated he would like to look at ways to increase property
values in the City and asked staff for an update on the rental program in April or May to
get an idea on how it's working. He also referred to the decreased revenue from
recreation programs and voiced concern about being too optimistic about Senior Center
recreation program revenues when discussing substantial renovations to that facility.
He suggested the $20,000 for SilverRock come from Landmark instead of the City's
CITY COUNCIL MINUTES 3 FEBRUARY 19, 2013
reserves and stated he looks forward to seeing the overall barometer on the negative
position comeback to the Council as it relates to the $2 million from reserves.
Mayor Adolph stated he is looking forward to next year's budget with all the reductions
that have been made and improvements in the economy.
Council Member Henderson suggested getting a response from Landmark regarding
the $20,000 expense.
Council Member Osborne noted Landmark had a positive cash flow last year and
should have sufficient funds in their reserves to cover the $20,000.
MOTION — A motion was made and seconded by Council Members Evans /Henderson
to approve the mid -year budget report that reduces General Fund expenditures by
$122,500 and to hold off on the appropriation of $20,000 to the SilverRock Resort Fund
from General Fund Reserves until a response is received from Landmark on their
request to fund the cost of electrical repairs. Motion passed unanimously.
2. ART PURCHASE AGREEMENT BETWEEN LA QUINTA INVESTORS, MARK
LUNDEEN, AND THE CITY OF LA QUINTA FOR A BRONZE SCULPTURE
Community Services Director Hylton presented the staff report, which is on file in the
City Clerk's Office.
Mayor Adolph voiced concern about placing art on private property that is supposed to
be for Art in Public Places. Director Hylton noted there are a number of art projects
located on private property such as the art piece at Andalusia.
In response to Council Member Osborne, the developer, Mr. Jerry Erwin, confirmed the
art would not be located inside a walled area and would be accessible for public
viewing.
Council Member Franklin asked what assurance is provided for maintenance of the art
piece. Direction Hylton confirmed a maintenance agreement is in place to ensure that it
is properly maintained.
MOTION — A motion was made and seconded by Council Members Henderson /Franklin
to approve an Art Purchase Agreement between La Quinta Investors, Mark Lundeen,
and the City of La Quinta for a bronze sculpture of a grandfather. and grandchild on a
stone bench. Motion passed unanimously.
3. LEGAL OPTION RELATING TO OPERATIONS AT CALIFORNIA BIO -MASS,
INC. INCLUDING INITIATION OF LITIGATION AND PURSUIT OF
ADMINISTRATIVE ACTIONS, AND THE APPROPRIATION OF $50,000 FROM
GENERAL FUND RESERVES
CITY COUNCIL MINUTES 4 1 FEBRUARY 19, 2013
City Attorney Jenson presented the staff report, which is on file in the City Clerk's Office.
.She added that when she spoke with attorney Mike Schaefer, he admitted they made a
mistake, are working with the County on a plan to address the issue in the shortest time
possible, and are no longer looking for a new location. She stated a declaration form
has been mailed to the homeowners in an attempt to receive feedback and determine
who is willing to participate in legal proceedings as a witness in order to show a
significant portion of the community has been impacted by the project. A follow -up
meeting was held with the residents last week to address their concerns about signing
the declarations and so far no signed declarations have been received.
Council Member Evans stated she supports pursuing the public nuisance action
provided the residents step up in providing declarations and /or letters of complaint to
the agencies involved.
Council Member Osborne agrees resident participation is necessary but feels the
priority is getting the tainted product removed; and the product must be viable for Bio-
Mass to have funds to remove it otherwise they may just walk away. He does not have
a problem hiring experts to help but asked that legal emphasis be given to getting the
product removed as opposed to shutting down the operation.
Council Member Franklin commented on the need to begin the composting process on
the 8' /s piles to take care of the odor. She would like to move forward on all fronts but
agrees the City needs declarations from the residents.
In response to Mayor Adolph, Ms. Jenson confirmed Bio -Mass has filed an appeal of
the August deadline to remove the .product. He voiced concern about them walking
away and leaving the mess and asked if the City can pursue enforcement of the issue,
with the backing of the residents, and get the piles removed.
Council Member Henderson noted the residents need to know the options available.
Council Member Osborne noted hiring a composting expert may be a good idea in order
to have an educated understanding of the process.
Public Speaker: Penny Boehm, Trilogy, La Quinta, urged approval of all eight city
attorney recommendations, and suggested the declaration be distributed at Trilogy with
a memo explaining the purpose of it. She hopes the HOA Board is engaged with the
process, and commented that some residents may not be able to file a complaint on the
County website and need a phone number to register their complaints.
Public Speaker: Robert Sylk, La Quinta, stated the Concerned Citizens of La Quinta
support the city attorney's recommendations.
Public Speaker: Len Wahlert, La Quinta, spoke in support of pursuing the city attorney's
recommendations.
CITY COUNCIL MINUTES 5 FEBRUARY 19, 2013
Council Member Evans asked what other communication element can be used to gain
the residents' participation if the HOA Board is not engaged in the process.
Public Speaker: Kathy House], La Quinta, explained the HOA Board did not get involved
because it is not an internal issue. She asked the City Attorney and Planning Director
to come out and explain the declaration to the residents again.
Council Member Evans said the residents need to be involved before hiring the experts.
Council Member Henderson commented that all of the City Attorney's recommendations
have merit and should stay on the table but the backing of residents is needed before
filing lawsuits and hiring experts.
Public Speaker: Bill Spitzner, Trilogy, La Quinta, suggested hiring a composting expert
immediately to explain what will happen if Bio -Mass walks away.
Mayor Adolph asked the City Attorney to find out from the County what it would take to
get this cleaned up quickly.
Public Speaker: Ed Ehrich, La Quinta, spoke in support of the City Attorney contacting
the HOA Board in an effort to force their hand to participate. He also commented that
the eight piles could be moved to Burrtec in less than a week.
Council Member Osborne suggested contacting Burrtec or some other expert to gain an
understanding of the aspect of removing the product. He is supportive of having the
declarations and code compliance complaints filed with the County before moving
forward.
City Attorney Jenson recommended approval of Item Nos. 2 through 8 in the
recommendations along with direction for her to coordinate an onsite meeting with the
residents.
Council Member Osborne questioned approval of Item No. 6 because stopping the
operation will not help the problem.
Council concurred with approving recommendations Nos. 1 and 6 and having a report
back to Council in 30 days.
MOTION — A motion was made and seconded by Council Members Evans /Osborne to:
• authorize the City Manager to execute a professional services agreement with a
composting expert to assist in formulating odor reduction strategies;
• direct the City Attorney to continue coordination with Trilogy residents to collect
evidence for a potential public nuisance action against California Bio -Mass, Inc.;
• direct the City Attorney to request to intervene in California Bio -Mass, Inc.'s
administrative appeal of the Riverside County LEA Notice and Order No. 12 -13 to
oppose the appeal;
CITY COUNCIL MINUTES 6 FEBRUARY 19, 2013
• direct the City Attorney to prepare a letter to South Coast Air Quality
Management District to be signed by the Mayor requesting that it pursue the
citations issued to California Bio -Mass, Inc.;
• direct the City Attorney to continue coordination with County Counsel and
Counsel for South Coast Air Quality Management District to enforce all
applicable conditions and regulations at the California Bio -Mass, Inc. facility;
• appropriate $50,000 from General Fund reserves to fund recommended
consultant services; and
• direct the City Attorney to hold an onsite meeting at Trilogy to explain the
declaration form and code enforcement filing process to residents.
Council Member Franklin wants the residents to understand that the City is not giving
out code compliance numbers because it does not have them yet.
Motion passed unanimously.
CITY COUNCIL MINUTES 7 FEBRUARY 19, 2013
4. REQUEST FOR PROPOSALS TO OBTAIN CITY PROGRAM AND STAFF
DEVELOPMENT SERVICES
City Manager Spevacek presented the staff report, which is on file in the City Clerk's
Office.
Council Member Henderson spoke in support of the Request for Proposals (RFP) in
light of the recent staffing and department changes.
Council Member Evans agreed it is important to move forward with the next phase in
order to make the staff reduction work with minimal impact to residents.
Council Member Osborne stated he supports it but hopes it does not cost $65,000.
Both Council Member Franklin and Mayor Adolph spoke in support of the RFP.
City Manager Spevacek advised the $65,000 is a ballpark figure.
MOTION — A motion was made and seconded by Council Members Franklin/
Henderson to approve the Request for Proposals (RFP) for program and staff
development services. Motion passed unanimously.
STUDY SESSION
1. PROPOSED USER AND REGULATORY FEES BASED ON THE 2013 COST
OF SERVICES STUDY
Public Works Director Jonasson presented the staff report, which is on file in the City
Clerk's Office.
Council Member Henderson said it is painful to have to raise the fees because the low
fees have previously served the City well but it must be done.
Council Member Evans asked regarding conditional use permits, specific plans, and
tract maps, if the applicant will know they are at the minimum fee or minimum plus
hourly fee. Community Development Director Johnson stated it will be clear to them
that a bank of hours accompanies the fee. He added staff time depends on how
prepared the developer is in presenting the project, and noted the City does not charge
a consulting or pre - application fee as some cities do.
Mayor Adolph commented that after 17 years it is time to move forward on this.
Public Speaker: Gretchen Gutierrez, CEO Desert Valley Builders' Association, thanked
staff for considering their recommendations and they hope to be engaged with future
CITY COUNCIL MINUTES 8 FEBRUARY 19, 2013
fee considerations. They are supportive of future plans being submitted electronically
and recommend an annual CPI adjustment so the fees increase gradually.
Public Speaker: Tommy Thompson, BIA Association, expressed appreciation for being
consulted and for the transparencv provided by the Citv.
Public Speaker: Deborah McGarrey, Southern California Gas Company, noted the gas
company pays a franchise fee and these rates do'not include anything for public utilities.
She said staff and the consultant have agreed to meet with her to address that issue.
Council recessed at 6:29 p.m.
Mayor Adolph reconvened the City Council meeting at 7:04 p.m. with Council Member
Franklin absent.
MOTION – A motion was made by Council Members Evans /Henderson to excuse the
absence of Council Member Franklin. Motion passed: Ayes 4, Noes 0, Absent 1.
PUBLIC COMMENT – None
PUBLIC HEARINGS
1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS TO
APPROVE THE CERTIFICATION OF AN ENVIRONMENTAL IMPACT
REPORT, THE GREENHOUSE GAS INVENTORY AND REDUCTION PLAN,
AND THE 2035 LA QUINTA GENERAL PLAN
Community Development Director Johnson presented the staff report, which is on file in
the City Clerk's Office.
Council Member Henderson reviewed several pages in the General Plan and offered
the following comments and /or requests for modifications:
• Page 11 -153, 2 nd paragraph under A Healthy City — remove the reference
regardinq the World Health Organization (WHO) as she is not fully
knowledgeable about the organization;
• page 11 -49, 2 nd paragraph under California Complete Streets Act (AB 1358) —
change "must" in the last sentence to "address " ;
• page 1 -1 — expressed appreciation for the addition of the Charter preamble
under Community Vision;
• page 1 -2 — change language at the bottom to read, "...the General Plan
supports, encourages, and upholds individual rights and freedoms..." and move it
to page 1 -1 immediately under Guiding Principles;
• page 1 -3 — change language at the top to read, " ...that upholds the rights,
liberties, and freedoms...'
• page 11-48, last paragraph — delete "...discourage single passenger car
commutes...'
CITY COUNCIL MINUTES 9 FEBRUARY 19, 2013
• page 11 -113, 1 5f paragraph and last sentence under Sustainable Transportation
System Planning — delete "..and enhanced quality of life, and improved social
and economic sustainability "
• page 11 -114, 2 6d bullet point — change to read "...programs that improve
efficiency of auto traffic and commercial vehicles...'
• page 11 -134 — confirmed the entire verbiage contained in the red box of the
revised page will be deleted;
• page 11 -143, 1 5t paragraph, last sentence — change to read "...continue to
educate and inform the public of the use of alternative power... "
• page 11 -143, last sentence under The Built Environment — remove "...an
efficient transportation system that reduces dependence on the automobile and
improved health for residents'
• page 11 -143, last sentence under Community Design — remove "...and healthy
citizenry is also considered a resource"
• page 11 -147, 2nd paragraph, last sentence — change to read "...provides
residents...' (request made by Council Member Evans)
• page 11 -147, 1 5t paragraph under Transportation — remove "...and help to
reduce global warming'
• page 11 -147, last paragraph under Transportation — remove the entire sentence
beginning with `Reducing our dependency on the automobile....'
Council Member Evans referred to page 11 -256 and noted the name "La Quinta
Redevelopment Agency" will need to be changed.
Mayor Adolph declared the PUBLIC HEARING OPEN at 7:29 p.m.
Public Speaker: Deborah McGarrey, Southern California Gas Company, spoke
regarding references in the General Plan for electrification of transportation as opposed
to alternative fuels. She said the gas company is very supportive of clean technology.
O
Director Johnson noted Section 3 on pages 20 -21 mentions supporting the use of
alternative energy and incorporates the concerns raised by Ms. McGarrey.
Public Speaker: Neeta Quinn, La Quinta, presented the following comments /questions:
• requirement to implement the General Plan once it is adopted; Mayor Adolph
noted the General Plan is not a mandate and can be changed due to conditions;
• expressed appreciation for the preamble being included in the document; Council
Member Henderson noted it is followed by a disclaimer within the Guiding
Principles;
• asked why "indirect pressures may encourage agricultural landowners to sell or
develop their land" was not removed from the CEQA Findings and Statement of
Facts; Council Member Osborne noted the City does not have any agriculture
and the General Plan does not mandate what a farmer should do with his
property;
CITY COUNCIL MINUTES 10 FEBRUARY 19, 2013
• suggested under Land Use in Chapter II, that Recreational Open Space be
replaced with Resort Mixed Use/Tourist Commercial;
• questioned the term "require' on page 11 -32 regarding the State's GHG
reduction goals; Council Member Evans noted the next paragraph provides that
"other steps can be taken" which provides flexibility for the City;
• questioned the term "calming" on page 11 -37; it was noted by various members
of the Council that the City already uses a number of calming devices to reduce
speeds throughout the City.
Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:46 p.m.
MOTION – A motion was made and seconded by Council Members Evans /Osborne to
adopt Resolution 2013 -009 approving the certification of an Environmental Impact
Report prepared for the General Plan Update as amended, making certain findings and
statements pursuant to the California Environmental Quality Act, and adopting a
Statement of Overriding Considerations. Motion passed: Ayes 4, Noes 0, Absent 1.
MOTION – A motion was made and seconded by Council Members Evans /Osborne to
adopt Resolution 2013 -010 approving the Greenhouse Gas Inventory and Reduction
Plan prepared in conjunction with the General Plan Update as amended. Motion
passed: Ayes 4, Noes 0, Absent 1.
MOTION – A motion was made and seconded by Council Members Evans /Henderson
to adopt Resolution 2013 -011 approving the General Plan Update as amended per the
above recommendations provided by Council. Motion passed: Ayes 4, Noes 0, Absent
1.
REPORTS AND INFORMATIONAL ITEMS
CVAG Energy & Environmental Resource Committee – Council Member Osborne
attended as alternate for Council Member Evans and reported on a clean energy
program intended to help property owners add energy efficiency or renewal energy to
their buildings. He added loans will be advanced and paid back through property taxes.
Imperial Irrigation District ECAC — Council Member Osborne reported the committee
continues to look at renewable energy sources but are lacking funds, and a substantial
increase in rates for IID is most likely in the future.
Salton Sea Action Committee – Council Member Osborne reported board members
from IID, CVWD, and Imperial County attended the last meeting along with the general
manager of the Salton Sea Authority. The Salton Sea Authority believes they can make
a difference with dust control around the sea but no one knows how to address the
long -term $9 billion project. IID is looking to include hydroelectricity into green energy
and using the revenue generated to help the Salton Sea.
DEPARTMENT REPORTS
CITY COUNCIL MINUTES 11 FEBRUARY 19, 2013
City Manager Spevacek provided a verbal update on the Oversight Board meeting.
Council Member Evans suggested sending a letter from the Mayor to Robert Teal, La
Quinta's representative to the Palm Springs Airport Commission expressing
appreciation for the comprehensive reports the City has received.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Mayor Adolph commented that Nicole Brambilla is no longer with the Desert Sun, and
that a new reporter will be assigned to La Quinta.
ADJOURNMENT
There being no further business, a motion was made and seconded by Council
Members Osborne /Henderson to adjourn at 8:01 p.m. Motion passed unanimously.
Respectfully submitted,
PAM NIETO for PHYLLIS MANLEY, Acting Deputy City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 12 FEBRUARY 19, 2013