2013 04 16 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, APRIL 16, 2013
A regular meeting of the La Quinta City Council was called to order at 3:01 p.m. by
Mayor Adolph.
PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None.
PUBLIC COMMENT — None.
CLOSED SESSION
1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION,
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (c) (one matter)
2. CONFERENCE WITH 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 SILVERROCK
RESORT (APNs: 770200026; 776150021/023; 777060056 -059, 061/062;
777490004, 006/007/012 AND 014). PROPERTY OWNERS/
NEGOTIATORS: BRIAN D. ADLER, BEVERLY PARK DEVELOPMENT; TOM
COMPANY; COLLOPY, DISCOVERY LAND AND ROBERT S. GREEN, JR.,
THE ROBERT GREEN COMPANY
Prior to convening to Closed Session, City Attorney Jenson announced that
Discovery Land Company has withdrawn from consideration regarding the property
at SilverRock.
COUNCIL RECESSED TO CLOSED SESSION AT 3:03 P.M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:02 P.M.
WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED SESSION
THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION
54957.1 (BROWN ACT).
Mayor Adolph led the audience in the pledge of allegiance.
CITY COUNCIL MINUTES 1 APRIL 16, 2013
PUBLIC COMMENT
Public Speakers: Damaris Gonzalez, Brianna Sloan, Madison Smith, Molly Piza,
students from Desert Sands Unified School District promoting an ordinance to ban
smoking in public parks.
Councilmembers directed staff to prepare an ordinance banning smoking in La
Quinta public parks for Council consideration.
CONFIRMATION OF AGENDA
City Manager Spevacek announced that for this meeting, the Study Session item
will be taken up before Business Session items to provide background to the
S[IverRock reports to follow.
PRESENTATIONS
1. PROCLAMATION TO THE RIVERSIDE COUNTY DEPARTMENT OF MENTAL
HEALTH IN HONOR OF MAY 2013 AS MENTAL HEALTH MONTH
Mayor Adolph presented the proclamation to Sandra Neja who accepted on behalf
of the Riverside County Department of Mental Health.
WRITTEN COMMUNICATIONS
Mayor Adolph thanked the staff and teachers of La Quinta High School for their
work resulting in La Quinta experiencing the highest graduation rate in the Valley —
over 95 %. Councilmember Henderson requested that a thank -you also be sent to
the School Board. All Councilmembers concurred.
Mayor Adolph stated that he received a letter from a Valley resident in appreciation
of the La Quinta Police Department. Mayor Adolph read a portion of the letter,
which stated in part: "The La Quinta Police Department consistently responds in an
expeditious manner and is always courteous, professional, and proficient in
apprehending suspects." [Letter is on file with the City Clerk.]
Mayor Adolph stated that he received an e-mail from a resident expressing her
gratitude for "the hard work everyone connected with the city does to keep our
community as beautiful as it is." [Letter is on file with the City Clerk.]
APPROVAL OF MINUTES
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to approve the minutes of April 2, 2013.as submitted. Motion passed
unanimously.
CITY COUNCIL MINUTES 2 APRIL 16, 2013
CONSENT CALENDAR
1. REVENUE AND EXPENDITURE REPORTS DATED FEBRUARY 28, 2013 AND
INVESTMENT SUMMARY REPORT FOR QUARTER ENDING MARCH 31,
2013
2. CITYWIDE POLICY CHANGE FROM SUMMARY MINUTES TO ACTION
MINUTES
3. EXCUSE BOARD MEMBER DAVID PARK'S ABSENCE FROM THE APRIL 10,
2013 INVESTMENT ADVISORY BOARD MEETING
4. EXCUSE CHAIRPERSON KATHLEEN FITZPATRICK'S ABSENCE FROM THE
MAY 13, 2013 COMMUNITY SERVICES COMMISSION MEETING
5. AMENDMENT TO THE LEAGUE OF CALIFORNIA CITIES BYLAWS
REGARDING PREREQUISITES FOR SUBMITTING RESOLUTIONS TO THE
GENERAL ASSEMBLY AND FOR TAKING A POSITION ON ANY STATEWIDE
BALLOT MEASURE
6. PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND
ADVERTISEMENT FOR BID OF THE SILVERROCK RESORT PARKING LOT
AMERICAN WITH DISABILITIES ACT (ADA) IMPROVEMENTS, PROJECT NO.
2012 -09
7. PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC.
FOR TRAFFIC ENGINEER SERVICES
8. Pulled for discussion and a separate vote > > > RESOLUTION GRANTING
CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENTS FOR PARCEL MAP NO. 36405, LA QUINTA
RETIREMENT COMMUNITY, LA QUINTA RETIREMENT RESIDENCE LIMITED
PARTNERSHIP [RESOLUTION 2013 -0161
9. REJECT ALL BIDS AND RE- ADVERTISE FOR BID THE CALLE SINALOA AND
AVENUE 52 SIDEWALK INFILL IMPROVEMENTS, PROJECT NUMBER 2012-
08
10. DEMAND REGISTER DATED APRIL 16, 2013
11. TREASURER'S REPORT DATED FEBRUARY 28, 2013
12. RESOLUTION IN SUPPORT OF ENTERPRISE ZONES [RESOLUTION 2013 -0171
CITY COUNCIL MINUTES 3 APRIL 16, 2013
Public Speaker: Helga Paul, La Quinta — Ms. Paul requested that Council approve
Item No. 8 regarding the retirement community project so that the development
can proceed. She explained that the problems with the tumbleweeds, dust and
sand have increased over the past year for her and all her neighbors living along the
wall adjoining this development. Dust control is not being done and no agencies
are enforcing the dust control requirements.
City Attorney Jenson advised Council that they could add to the motion on this
item a condition that all dust requirements be completed and verified by Public
Works before the City releases the map and agreements.
Councilmembers asked staff to look into the situation, enforce the sand stabilizing
and tumbleweed removal requirements, and to report back to Council.
Public Speaker: Mark Lowen of Lenity Architecture representing the developer — He
stated that the developer would work with staff and Ms. Paul to stabilize and clear
the property starting tomorrow.
MOTION — A motion was made and seconded by Councilmembers Henderson/
Evans to approve Consent Calendar Item Nos. 1 -7 and 9 -12 as recommended with
Item No. 12 adopting Resolution No. 2013 -017. Motion passed unanimously.
MOTION — A motion was made and seconded by Councilmembers Evans /Franklin
to approve Item No. 8 by adopting Resolution No. 2013 -016 with an amendment
to the agreement's conditions of approval to include a requirement for staff to
verify that the soil has been stabilized, tumbleweeds and debris removed, and all
PM -10 requirements have been met within the thirty (30) days prior to the
recordation of Parcel Map 36405.
ANNOUNCEMENT BY MAYOR ADOLPH RE: VOTING ON SILVERROCK MATTERS
Mayor Adolph said that in the interest of transparency, he wanted to express his
opinion, which is solely his and not that of Council or staff. He said the city has
been inundated with a -mails complaining and accusing Council and staff of
everything but the Kennedy assassination and he finds this borders on harassment.
He is concerned that residents will get the wrong idea. He said that in his twenty
plus years of involvement, he has never known Council or staff to give false
information about any issue, so to be accused of this time and time again is not
appreciated. Recently he received notice from the Fair Political Practices
Commission (FPPC) about a sworn complaint filed against him by Linda Gunnett.
The complaint involved the contention that a conflict of interest exists if he votes
on SilverRock issues due to the proximity of his residence in PGA West to the
SilverRock property. Mayor Adolph announced that he received a letter yesterday
from the FPPC stating that it has closed its file on this complaint without initiating
an enforcement action. [A copy of the FPPC letter is on file with the City Clerk.]
CITY COUNCIL MINUTES 4 APRIL 16, 2013
City Attorney Jenson explained the legal basis for the decision that Mayor Adolph
does not have a conflict of interest regarding SilverRock property matters and is
cleared to participate in the discussions and voting. She referred to her letter to
the FPPC dated April 8, 2013 and its attachments. [A copy of the letter is on file
with the City Clerk.]
STUDY SESSION
1. SILVERROCK RESORT FINANCIALS
Community Services Director Hylton and Golf & Park Manager Howlett presented
the staff report, which is on file in the City Clerk's Office.
Staff responded to Councilmembers' questions regarding the planned use of the
capital reserve funds; the average revenue - per -round versus the average cost -per-
round calculation; the annual interest on the $5.3 million advance from the city; the
history and logic of the advances, and why the loan is still on the books; the
increase in the $7 range fee to $10; expense reductions; maximum number of
rounds during the high season and shoulder seasons; tournaments; and leasing
versus owning equipment.
Council debated the pros and cons of beginning to repay the interest due to the
city from SilverRock for the loans and advances, and when practical, to begin
repaying the principal.
Council reached a consensus to reduce capital reserve to 1 % for fiscal year
2012/13 and deposit the interest repayments into the reserve fund.
City Manager Spevacek confirmed with Council that all supported enacting the
three revenue alternatives outlined in the staff report.
BUSINESS SESSION
1. SILVERROCK RESORT 2013/2014 ANNUAL PLAN
Golf & Parks Manager Howlett and Community Services Director Hylton presented
the staff report, which is on file in the City Clerk's Office.
Councilmember Osborne recommended that staff renew its research into the
owners of the small parcels along the 15t' hole against the mountain.
MOTION — A motion was made and seconded by Councilmembers Franklin/
Henderson to approve the SilverRock Resort 2013/2014 Annual Plan as submitted
by Landmark Golf Management, LLC with the following amendment: revisit the
marketing plan with the goal of reducing funds spent on local ads, increasing funds
CITY COUNCIL MINUTES 5 APRIL 16, 2013
spent on the regional drive market, and adding social media marketing. Motion
passed unanimously.
2. SILVERROCK GOLF COURSE MANAGEMENT AGREEMENT WITH
LANDMARK GOLF MANAGEMENT, LLC
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 Councilmembers Henderson/
Franklin to approve the five -year Golf Course Management Agreement with
Landmark Golf Management, LLC as recommended. Motion passed unanimously.
COUNCIL CALLED FOR A SHORT RECESS AT 5:36 P.M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 5 :44 P.M.
WITH ALL MEMBERS PRESENT.
3. SELECTION OF SILVERROCK DEVELOPER
City Manager Spevacek announced that the developer, Discovery Land, has
withdrawn their proposal from consideration for the property.
Community Development Director Johnson presented the staff report, which is on
file in the City Clerk's Office.
Public Speaker: Mark Brownstein, La Quinta — Mr. Brownstein spoke in support of
Beverly Park Development Group as developer of the first phase of the SilverRock
resort development.
Public Speaker: Kay Wolff, La Quinta — Ms. Wolff listed dozens of questions for
Council to consider in selecting a developer and deciding what should be built on
the property.
Public Speaker: John Gamlin, Meriwether Companies — Mr. Gamlin gave a brief
description of the company's vision and introduced Robert Green of The Robert
Green Company who would develop the hotel component.
Public Speaker: Robert Green, President, The Robert Green Company — Mr. Green
provided Council with his company background and a description of hotel
developments done by his company.
Public Speaker: Seth Sebastian Hoffman, La Quinta — Mr. Hoffman spoke in
support of a 40 -acre community park on part of the SilverRock property and
suggested that it be developed with 365 -day use in mind.. He suggested uses such
CITY COUNCIL MINUTES 6 APRIL 16, 2013
as a community pool, an indoor bike park, covered areas, birding opportunities,
trails, and collaboration with the YMCA.
Council requested clarification from Meriwether Companies and Beverly Park
Development Group on aspects of each company's proposal.
MOTION — A motion was made and seconded by Councilmembers Evans /Franklin
to select developer Meriwether Companies /Robert Green, with which to enter into a
90 -day negotiation period for the first phase of SilverRock Resort development.
Motion passed with the following roll call vote:
AYES: Councilmembers Evans, Franklin, Osborne, Mayor Adolph
NOES: Councilmember Henderson
Councilmember Henderson said that she was disappointed that Beverly Park
Development Group was not given 90 days to reveal his financial commitments and
negotiate terms.
REPORTS AND INFORMATIONAL ITEMS
As La Quinta's representative for 2013, Councilmember Franklin reported on her
participation in the following organizations' meetings:
• COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin)
As La Quinta's representative for 2013, Councilmember Henderson reported on her
participation in the following organizations' meetings:
• CVAG PUBLIC SAFETY COMMITTEE (Henderson)
• LEAGUE OF CALIFORNIA CITIES DELEGATE (Henderson)
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Henderson)
As La Quinta's representative for 2013, Councilmember Evans reported on her
participation in the following organizations' meetings:
• CVAG CONSERVATION COMMISSION (Evans)
• CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans)
• GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans)
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (TEAL)
INVESTMENT ADVISORY BOARD MINUTES DATED JANUARY 9, 2013
DEPARTMENT REPORTS
Public Speaker: Dick Storbo, La Quinta — Mr. Storbo requests that four -seat golf
carts be allowed per AB110 and AB1229. City staff will research these bills to see
how they apply to La Quinta.
CITY COUNCIL MINUTES 7 APRIL 16, 2013
Public Speaker: Fritz Bachli, La Quinta - Mr. Bachli spoke about the odors from
California Bio -Mass, Inc.
Regarding the green dust fence along Washington Street, Councilmember Evans
requested that staff explore fencing options. Councilmember Henderson suggested
that staff require the owner to use green stabilizer so its application is very visible.
Councilmember Osborne said that "play La Quinta.com" came up as No.14 on a
Google search and requested that staff do what's needed to get it moved up on
searches.
Mayor Adolph requested that Code Officers address the compliance issues with the
current owner of the Clark property on Adams Street.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Mayor Adolph reported that the Senior Inspiration Awards event was very
successful.
Councilmember Henderson thanked Fire Chief Jodie Gray for meeting with a
distressed resident on her day off.
Councilmember Franklin asked the new reporter for The Desert Sun to introduce
himself; Dave Nyczepir did so.
PUBLIC HEARINGS - None.
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Evans /Franklin to adjourn at 8:14 p.m. Motion passed
unanimously.
Respectfully submitted,
t� k
SUSAN MAYSELS, City lark
City of La Quinta, California
CITY COUNCIL MINUTES 8 APRIL 16, 2013