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2013 03 19 CC MinutesCITY COUNCIL MINUTES TUESDAY, MARCH 19, 2013 A regular meeting of the La Quinta City Council was called to order at 3:03 p.m. by Mayor Adolph. PRESENT: Councilmembers Franklin, Henderson, Osborne, Mayor Adolph ABSENT: Councilmember Evans MOTION - A motion was made and seconded by Councilmembers Franklin /Osborne to excuse Councilmember Evans' absence. COUNCILMEMBER EVANS ARRIVED AT 3:10 P.M. AND JOINED COUNCIL IN CLOSED SESSION. PUBLIC COMMENT - None CLOSED SESSION 1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) (TWO MATTERS) 2. 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 FOR FUTURE SOUTHEAST AREA FIRE STATION LOCATED NEAR THE NORTHEAST CORNER OF AVENUE 60 AND MONROE STREET (APN 764 - 240 -026). PROPERTY OWNER /NEGOTIATOR: ROBERT SCHUMACHER COUNCIL RECESSED TO CLOSED SESSION AT 3:04 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:01P.M. WITH ALL FIVE COUNCILMEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT ). CITY COUNCIL MINUTES 1 MARCH 19, 2013 Mayor Adolph led the audience in the pledge of allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed City Manager Spevacek introduced Amy McCormick, the new Business Analyst who entered city employment March 18' City Clerk Maysels introduced Teresa Thompson, the new Deputy City Clerk, who also started city employment March 18` Mayor Adolph welcomed both new employees. PRESENTATIONS 1. PROCLAMATION TO THE PREVENT CHILD ABUSE COUNCIL, RIVERSIDE COUNTY - COACHELLA VALLEY, IN HONOR OF APRIL AS CHILD ABUSE PREVENTION MONTH Mayor Adolph presented the Proclamation to Erin Hemenway who accepted on behalf of Prevent Child Abuse, Riverside County, Coachella Valley Council. 2. PROCLAMATION TO FIND FOOD BANK IN HONOR OF APRIL AS HUNGER ACTION MONTH Mayor Adolph presented the Proclamation to Lisa Houston, the CEO of FIND Food Bank. 3. On behalf of the City Council, Mayor Adolph thanked city employee Raphael Alvarado. Mayor Adolph said he received a letter of recognition from a resident of the Quinterra development who was very complementary of Mr. Alvarado for the assistance he provided. WRITTEN COMMUNICATIONS — None APPROVAL OF MINUTES MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to approve the minutes of March 5, 2013 as submitted. Motion passed unanimously. CITY COUNCIL MINUTES 2 MARCH 19, 2013 CONSENT CALENDAR 1. REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2013 2. DENIAL OF CLAIM FOR DAMAGES FILED BY PANNA TEJANI; DATE OF LOSS FEBRUARY 19, 2013 3. LETTER IN SUPPORT OF PROPOSED LEGISLATION, ASSEMBLY BILL 981, TO ALLOW SUCCESSOR AGENCIES TO USE BOND PROCEEDS AND AUTHORIZATION FOR THE MAYOR TO EXECUTE 4. OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE ANNUAL CALIFORNIA CITY CLERK'S ASSOCIATION CONFERENCE IN LONG BEACH, CALIFORNIA ON APRIL 24 -26, 2013 5. DEMAND REGISTER DATED MARCH 19, 2013 6. TREASURER'S REPORT DATED JANUARY 31, 2013 7. APPLICATION TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION IN RESPONSE TO ITS CALL FOR REHABILITATION PROJECTS FOR MOVING AHEAD WITH PROGRESS (MAP -21) SURFACE TRANSPORTATION PROGRAM FUNDS Consent Item #3: Councilmember Evans clarified the purpose of the letter. Councilmember Henderson suggested that the letter also be sent to Assembly Member Nestande, and Council concurred. MOTION — A motion was made and seconded by Councilmembers Franklin/ Henderson to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1. ORDINANCE AMENDING THE LA QUINTA MUNICIPAL CODE SECTION 13.24.030 IMPROVEMENT STANDARDS Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. In response to Councilmember Osborne, City Attorney Jenson said that a potential buyer would know about property deficiencies when a title search is done as part of the sale. The document recorded by the city would be included in any title report letting the buyer know upfront that there are open issues with the property. CITY COUNCIL MINUTES 3 MARCH 19, 2013 In response to Councilmember Henderson, City Attorney Jenson said that although the Conditions of Approval list the work and improvements required, the Conditions of Approval are not necessarily a document that a buyer would have prior to the sale. Councilmember Henderson stated that this is a tool needed by the city. MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to take up Ordinance No. 508 amending Section 13.24.030 of the La Quinta Municipal Code pertaining to Improvement Standards, by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the Ordinance title into the record: ORDINANCE NO. 508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 13.24.030 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO IMPROVEMENT STANDARDS MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to introduce Ordinance No. 508 on first reading. Motion passed unanimously. 2. PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND ADVERTISEMENT FOR BID OF A MODERN ROUNDABOUT AT - THE INTERSECTION OF EISENHOWER DRIVE AND CALLE SINALOA, PROJECT NO. 2010 -11 Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. Councilmember Osborne expressed concern that the longer projects linger, the more expensive they get, and urged staff to expedite the project. He received confirmation from Director Jonasson that the new lighting is of a design that will not interfere with the city's Dark Sky Ordinance. Councilmember Franklin stated that it is difficult to move forward on a project when she is not positive of the source of funding. NAI consulting engineer Nick Nickerson explained that if any additional funds are needed, they are available in the Transportation Development Impact Fund (DIF), the Pavement Management Plan fund, the Art in Public Places fund and Measure A funds. Councilmember Henderson stated it's important to . move forward because that intersection needs attention and the end product should be one that is a design standard for the future. She stated that she is concerned about adding costs to the project and suggests bidding the landscape component as a separate item so the.city has option of looking at alternate designs and.costs. Public Works Director CITY COUNCIL MINUTES 4 MARCH 19, 2013 Jonasson said that the bid document can call for a separate landscape bid. Ms. Henderson added that bids often come in lower than the engineer's estimate so allocating additional funds may not be an issue. Lastly, she noted that Council does not have to go forward with the project if bids are unacceptable. Mayor Adolph stated that Director Jonasson answered his questions regarding parking and foot traffic near the roundabout, and he confirmed that residents surrounding the roundabout were in full support of the project. Public Speaker: Jeff Smith, La Quinta - Mr. Smith spoke in support of the roundabout on behalf of himself and as a Member of the Cove Neighborhood Association. Public Speaker: Kay Wolff, La Quinta - Ms. Wolff also spoke in favor of the roundabout for herself and on behalf of the Cove Neighborhood Association. MOTION - A motion was made and seconded by Councilmembers Henderson/ Evans to approve the plans, specification and engineer's estimate of probable construction costs and authorize staff to advertise for bid the modern roundabout at the intersection of Eisenhower Drive and Calle Sinaloa, Project No. 2010-11 with the amendment that the landscaping be an alternative on the bid; and authorize the expenditure of $30,208.79 for the purchase of four decorative lights. Motion passed unanimously. STUDY SESSION 1. UPDATE ON THE CITY'S FINANCIAL STATUS City Manager Spevacek presented the staff report, which is on file in the City Clerk's Office. Mayor Adolph confirmed that City Manager Spevacek used very conservative estimates for this report. Councilmember Evans noted that some savings and expenditure reductions are concrete numbers based on staff reductions and other actions. She said she was thrilled that the city has a swing of $3.1 million in just twelve months. Ms. Evans said that although this is great news, the city cannot let up on managing expenses or the push for additional revenue. She said this report is timely given the upcoming 2013/14 budget preparations, and thanked staff for their hard work in turning the fiscal situation around. Councilmember Henderson said she was compelled to add to background information in the report regarding equipment and vehicle replacement funds. She CITY COUNCIL MINUTES 5 MARCH 19. 2013 said that such reserve funds did exist before the recent depression hit, but those funds were legitimately used when city revenues dropped by over $4 million. Ms. Henderson said that city revenues will begin to increase so it is now time to replenish those funds and resume the good fiscal habits that has allowed this city to survive. Ms. Henderson stated that the city needs to remain resolute and take action on other fiscal measures that have been talked about. She expressed her pride in the city, the staff and fellow Councilmembers for the fiscal turnaround. Councilmember Osborne said that it was great to see that the tough choices the City Manager and Department Directors made have been able to turn the situation around and it was good to see the economy improving. He cautioned all to remain aware of the upcoming needs of the city required to maintain what we all have in La Quinta. Mr. Osborne said vigilance is necessary and assistance, when possible, to keep property values up for residents. Councilmember Franklin thought staff has done a great job of grieving and moving on and said it was a good example of what can be accomplished with perseverance, determination and love for a city. She stated that the city would proceed with caution in a conservative manner. Mayor Adolph thanked the City Manager and staff for an outstanding job. 2. FEASIBILITY OF ASSESSMENT DISTRICTS FOR THE MAINTENANCE OF NORTH LA QUINTA SUBDIVISIONS' ENTRANCES AND PERIMETERS Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. COUNCILMEMBER OSBORNE RECUSED HIMSELF AND LEFT THE DAIS DURING DISCUSSION ON THIS ITEM. HE ANNOUNCED THAT HE HAD A CONFLICT OF INTEREST DUE TO THE PROXIMITY OF HIS RESIDENCE TO ONE OR MORE OF THE SUBDIVISIONS BEING DISCUSSED. Councilmember Franklin confirmed that the option costing $11 million to replace existing landscaping was not a viable option since the city did not have the funds for this. Director Jonasson explained the funding sources for drainage basins in the Landscaping and Lighting District. In response to Councilmember Franklin, Director Jonasson said that he believes there is a reasonable chance homeowners of these north La Quinta subdivisions would vote to approve an assessment district if improvements, i.e. refurbishment with drought tolerant plants, are part of the program. CITY COUNCIL MINUTES 6 MARCH 19, 2013 Mr. Jim McGuire, Senior Project Manager, Willdan Financial provided funding options and address Council questions regarding the financing. Councilmember Henderson noted that an $11 million bond payable over 25 years seems like an extremely long period. Mr. McGuire explained that the assessment paid by homeowners would pay the bond, so the longer the term, the lower the assessment amount for residents. In response to Councilmember Henderson, Director Jonasson said that the landscaping would be bound by the city's standard landscaping plan but within reason and within the same price range, they could have a voice in the design so the landscaping is somewhat unique to each subdivision. Ms. Henderson said that a Rancho Ocotillo homeowner told her today that she and her neighbors want the landscape improved; know they must pay for it and are ready to approve a landscaping district. Ms. Henderson stated that it is time to go to the next step of talking to homeowners to find out the level of support from homeowners. Councilmember Franklin said that homeowners would want to know the worst -case scenario, i.e. what happens if an assessment district is not approved by 50% + 1 of voters. Staff should be prepared to explain that if no district is formed, no improvements or refurbishment will occur, the existing landscaping will remain. Councilmember Henderson provided background on this matter. She said that these subdivisions were initially charged a higher rate to cover the maintenance of their perimeters by the city; but many of these homeowners complained about it to Council year after year so in the late 1990s, Council removed the additional charge. Soon after this occurred, all new projects were conditioned upon the developer or HOA taking responsibility for the maintenance of perimeters. Councilmember Evans reasoned that all homeowners in the assessment district, who have been carrying these north La Quinta subdivisions' by paying the cost of maintaining their perimeters, should have a vote as to whether those homeowners should continue to get a freebee or form a separate district to cover their own costs. Ms. Evans noted that these perimeter properties are in the city's right -of- way and Council would not want them to deteriorate to the point of looking terrible and affecting property values. Councilmember Evans stated that forming this north La Quinta assessment district is something the city needs to do. Jim McGuire of Willdan Financial pointed out that there is a general benefit contribution that the city will still be obligated to pay. Property owners would be asked to pay the amount that is above and beyond that baseline level of maintenance. In response to Mayor Adolph, Mr. McGuire of Willdan Financial said that the city's legal obligation to maintain the perimeters is limited to public safety and right -of- way obligations, which at a minimum.is weed abatement. Mayor Adolph agreed CITY COUNCIL MINUTES 7 MARCH 19, 2013 that it was time to begin discussions with homeowners in those subdivisions, and since there are no HOAs, a public outreach campaign is necessary. In response to Councilmember Franklin, Mr. McGuire explained the plan for public outreach and workshops. Councilmember Henderson said it would be very important to identify a homeowner(s) in each community to take the lead and carry the ball with their neighbors. The city can stimulate the conversation but the homeowners will have to take the lead in promoting it. In response to Councilmember Evans, Mr. McGuire said the initial flyer can contain brief information on the minimum and maximum ranges based on the options but the more detailed description of options would be- presented at the workshops. City Manager Spevacek provided historic information on the formations of La Quinta cove assessment districts. Jim McGuire provided information on issuing a bond to cover the capital cost, with annual assessment revenue used to pay down the bond over 25 years. Councilmembers directed staff to. proceed with public outreach to the affected homeowners in order to discuss formation of assessment districts for the north La Quinta subdivisions referenced. 3. DRAFT FISCAL YEAR 2012/2013 THROUGH 2016/2017 CAPITAL IMPROVEMENT PROGRAM COUNCILMEMBER OSBORNE RETURNED TO THE DAIS. Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. Councilmember Osborne requested that staff prioritize projects based on funding sources available. City Manager Spevacek clarified the permitted uses of QUIMBY funds at Silverrock. REPORTS AND INFORMATIONAL ITEMS As La Quinta's representative for 2013, Councilmember Henderson reported on the activities of the following organizations: • Coachella Valley Association of Governments, Public Safety Committee • Coachella Valley Association of Governments, Transportation Committee • League of California Cities . CITY COUNCIL MINUTES 8 MARCH 19, 2013 • Riverside County Transportation Commission As La Quinta's representative for 2013, Councilmember Evans reported on the activities of the following organization: • Greater Palm Springs Convention & Visitors' Bureau DEPARTMENT REPORTS INDIO POLO FIELDS GOLDENVOICE CONCERTS STATUS UPDATE Community Development Director Johnson presented the department report, which is on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBER'S ITEMS - None COUNCIL RECESSED AT 6:19 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 7:02 P.M. WITH ALL COUNCILMEMBERS PRESENT PUBLIC HEARINGS 1. RESOLUTION UPDATING CITY USER FEES AND REGULATORY FEES [Resolution 2013 -0121 Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:14 P.M. Public Speaker: Gretchen Gutierrez of Desert Valleys Builders Association spoke in favor of the increases recommended and in favor of an annual increase based on CPI. Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:16 P.M. In response to Councilmember Evans, Principal Engineer Wimmer provided an update on discussions with Southern California Gas Company regarding fees. MOTION - A motion was made and seconded by Councilmembers Henderson/ Evans to adopt Resolution No. 2013 -012 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,. AMENDING RESOLUTION NO. 96 -95, RELATING TO USER AND REGULATORY FEES. Motion passed unanimously. CITY COUNCIL MINUTES 9 MARCH 19, 2013 2. ORDINANCE TO AMEND TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE CHAPTER 9.60.300 (COMPATIBILITY REVIEW FOR PARTIALLY DEVELOPED SUBDIVISIONS) Community Development Director Johnson presented the staff report, which is on file in the City Clerk's Office. Councilmember Evans confirmed that this does not allow a change in the density in a development, just the size of the homes. Mayor Adolph explained that the original purpose of the ordinance was to prevent developers from dramatically reducing the size of homes after the subdivision was partially developed. Councilmember Henderson said that it's important to ensure that the quality and aesthetic appeal of the homes does not lessen with a square footage decrease. She said there is protection in this regard because an increase /decrease of 10% of the square footage would go to a public hearing so that the neighbors could comment. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:27 P.M. Public Speaker: Gretchen Gutierrez of Desert Valleys Builders Association spoke in support of the Ordinance. Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:29 p.m. MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to take up Ordinance No. 509 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the Ordinance title into the record: ORDINANCE NO. 509 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE, SPECIFICALLY: CHAPTER 9.60.300 (COMPATIBILITY REVIEW FOR PARTIALLY - DEVELOPED SUBDIVISIONS) TO ALLOW GREATER FLEXIBILITY REGARDING THE REVIEW PROCESS AND DEVELOPMENT STANDARD COMPLIANCE FOR COMPATIBILITY REVIEW FOR PARTIALLY - DEVELOPED SUBDIVISIONS. CASE NO.: ZONING ORDINANCE AMENDMENT 2013 -112. MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to introduce Ordinance No. 509 on first reading. Motion passed unanimously. CITY COUNCIL MINUTES 10 MARCH 19, 2013 ADJOURNMENT There being no Councilmembers unanimously. further business, a motion was made and seconded by Evans /Franklin to adjourn at 7:30 p.m. Motion passed Respectfully submitted, 540� SUSAN MAYSELS, ty Clerk City of La Quinta, California CITY COUNCIL MINUTES 11 MARCH 19, 2013