2013 05 21 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, MAY 21, 2013
A regular meeting of the La Quinta City Council was called to order at 4:00 p.m. by
Mayor Adolph.
PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None
Mayor Adolph led the audience in the pledge of allegiance.
CLOSED SESSION — None
PUBLIC COMMENT
Public Speaker: Robert Sylk, La Quinta - Mr. Sylk urged the City to improve the
vacant lot on Avenue 52 across from the fire station by grading it, covering it with
brown granulated soil or offering it to students for gardening.
CONFIRMATION OF AGENDA
Councilmember Osborne asked that Consent Calendar Item No. 9 be pulled for a
separate vote due to a potential business relationship conflict.
PRESENTATIONS
1. DESERT CLASSIC CHARITIES
Greg Heim, Marketing Committee Chair of Desert Classic Charities, provided a
report on the second year of the Humana Challenge in partnership with the Clinton
Foundation (the corresponding letter is on file in the City Clerk's Office.) Mr. Bob
Marra, Humana Challenge Executive Director and CEO provided information on
plans for the next tournament.
WRITTEN COMMUNICATIONS — None.
APPROVAL OF MINUTES
MOTION — A motion was made and seconded by Councilmembers Evans /Franklin
to approve the minutes of May 7, 2013 as submitted. Motion passed: ayes 4,
noes 0, abstain 1 (Adolph absent from the 5/7/2013 meeting).
CITY COUNCIL MINUTES 1
MAY 21. 2013
CONSENT CALENDAR
1. TREASURER'S REPORT DATED MARCH 31, 2013
2. SECOND READING AND ADOPTION OF ORDINANCE NO. 510 AMENDING
SECTION 11.44.060 OF THE LA QUINTA MUNICIPAL CODE PERTAINING
TO SMOKING IN CITY PARKS
3. SECOND READING AND ADOPTION OF ORDINANCE NO. 511 APPROVING
ZONE CHANGE 2012 -142, A CHANGE OF ZONE FOR A SINGLE PROPERTY
FROM COMMERCIAL PARK TO REGIONAL COMMERCIAL CASE: ZONE
CHANGE 2012 -142 APPLICANT: ROCK N ROLL MINI GOLF, LLC
4. REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2013
5. AMENDMENT NO. 1 TO AGREEMENT WITH A.M. LA SALLE ELECTRIC, INC.
FOR PROJECT NO. LMC 2011 -15, LANDSCAPE AND LIGHTING DISTRICT
6. RESOLUTION SUPPORTING THE GOVERNOR'S COMMITMENT TO STATE
FUNDING OF THE LAKE PERRIS DAM REMEDIATION PROJECT [RESOLUTION
2013 -0251
7. DENIAL OF CLAIM FOR DAMAGES FILED BY: CONRADO AND EVELINDA
GARCIA; DATE OF LOSS - MARCH 28, 2013
8. EXCUSE BOARD MEMBER KURT MORTENSON'S ABSENCE FROM THE
JUNE 12, 2013 INVESTMENT ADVISORY BOARD MEETING
9. pulled for a separate vote > > > PROFESSIONAL SERVICES AGREEMENT
WITH NAI CONSULTING, INC., TO PROVIDE PROJECT MANAGEMENT AND
CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR
2013/2014
10. OVERNIGHT TRAVEL FOR PRINCIPAL ENGINEER AND INSPECTOR I TO
ATTEND THE JOINT POWERS INSURANCE AUTHORITY PUBLIC WORKS
ACADEMY TO BE HELD JUNE 12 -13, 2013 IN HUNTINGTON BEACH,
CALIFORNIA
11. DEMAND REGISTER DATED MAY 21, 2013
MOTION - A motion was made and seconded by Councilmembers Henderson/
Evans to approve the Consent Calendar Item Nos. 1 -8 and 10 -11 as recommended
with Item No. 6 adopting Resolution 2013 -025. Motion passed unanimously.
CITY COUNCIL MINUTES 2
MAY 21, 2013
MOTION — A motion was made and seconded by Councilmembers Evans /Franklin
to approve Consent Calendar Item No. 9. Motion passed: ayes 4, noes 0, abstain
1 (Osborne), absent 0.
BUSINESS SESSION
1. RESOLUTION TO ADOPT IMPLEMENTATION AGREEMENT FOR COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS TO ESTABLISH A REGIONAL
PROPERTY ASSESSED CLEAN ENERGY PROGRAM [RESOLUTION 2013 -0261
Chris Escobedo, Assistant to City Manager, presented the staff report, which is on
file in the City Clerk's Office.
Public Speaker: Katie Barrows, Coachella Valley Association of Governments
(CVAG) — Ms. Barrows explained the concept and timing of the program. She said
that all area utility companies have been contacted to incorporate their energy -
saving offers.
Public Speaker: Crystal Crawford, Ygrene Energy Fund — Ms. Crawford explained
that Ygrene will work with applicants and local contractors to facilitate
improvements. In response to Council, Ms. Crawford said the program does not
rule out city or homeowner participation in any other rebate or incentive programs;
there is no cost to participating cities; CVAG is aiming for a June 2013 start with
homeowners' first payments added to the January tax roll; La Quinta residents
would not be able to participate in this program unless Council approves the
agreement; property owners have complete discretion as to whether to participate
or not; unlike those with traditional loans, homeowners with an FHFA loan would
have to pay off the balance when they sell the property; there is a 3% early pay off
penalty; and, if homeowners default on payments, the same non - payment of
property tax remedies would apply.
MOTION — A motion was made and seconded by Councilmembers Franklinl
Henderson to adopt Resolution 2013 -026 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION
AND DELIVERY OF AN IMPLEMENTATION AGREEMENT AUTHORIZING THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO IMPLEMENT,
MANAGE AND ADMINISTER ONE OR MORE CLEAN ENERGY PROGRAMS AND
DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH.
Motion passed unanimously.
CITY COUNCIL MINUTES 3
MAY 21, 2013
2. SELECTION OF AN ALTERNATIVE 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.
Public Speaker: Mark Johnson, Coachella Valley Water District (CVWD), Director
of Engineering - Mr. Johnson provided canal historic information; ownership and
easement information; cause of the canal's reduced efficiency; details on the
design options; and project timing.
Councilmembers' discussion included a hybrid design of open and piped sections;
lost golf course revenue during construction; purpose of engineering and
construction management services; title and easement issues; treatment of the
abandoned canal; contingency costs; right -of -way costs; timing of project and
payments; restrictions on use of bond funds; projects competing for the bond
funds; developers' financial participation in the canal project; CVWD's budget for
the parallel canal project; and, fencing requirements if an open canal runs along
Jefferson Street versus only a buffer zone within the golf course.
Public Speakers: Graham Culp and John Gamlin, Meriwether Group - Mr. Gamlin
said that Meriwether will participate holistically in funding the infrastructure on the
site; but which projects and to what level will be determined by economics and
during negotiations. Mr. Culp explained that the economic feasibility study is still
underway so the Meriwether Group cannot yet project the company's level of
participation in funding infrastructure. Mr. Gamlin said that a hybrid option would
be the best for them and would cost less than Option 1- Underground Pipeline;
however, the necessary environmental study may delay the project.
Mr. Gamlin said that if Option 2- Parallel Canal was selected, Meriwether Group
would consider enhancing the east -west section and piping a portion of it so that
development options are not limited.
Public Works Director Jonasson said that if Council does not select an option by
June 1, 2013, CVWD would move forward with Option 2- Parallel Canal.
Public Speaker: Len Wahlert, La Quinta - Mr. Wahlert asked about the funding for
the canal project, and expressed concern that project will spiral out of control. He
said that he believes citizens will be disappointed if Council does not select the
parallel canal option.
COUNCIL TOOK A BRIEF RECESS AT 5.57 P.M.
CITY COUNCIL MINUTES 4
MAY 21, 2013
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 6:08 P.M.
WITH ALL COUNCILMEMBERS PRESENT.
Councilmember Evans said she could not justify spending the bond funds before
they are available. Since these bond funds must be spent on the SilverRock
property or in that area, a better use would be to improve property that will
produce revenue. Given the tight city budget, the amount of infrastructure to be
done at SilverRock, the pending State decision, and the unknown outcome of
litigation, it is not the right time for the pipeline option. Ms. Evans said she
supports the parallel canal option.
Councilmember Henderson said the new reality is uncertainty. To be able to move
forward in a reasonable way, the city cannot commit funds now to the pipeline
option. Ms. Henderson said that she would have voted for the pipeline in the past
but times have changed.
Councilmember Osborne said that La Quinta always did projects to the highest
quality and just because the state is trying to steal $41 million does not mean that
the City should reduce expectations for our city. Mr. Osborne said La Quinta is in
an extremely difficult position in that the timing with the State case and the bond
funds are unknown; but it is known that the pipeline option would add a substantial
amount of value to the development of SilverRock. Mr. Osborne's first and
foremost concern is to add value and to do the project right the first time so that
no one looks back in five years with regret. He said that La Quinta needs to invest
in the future as it has always done.
Councilmember Franklin said that she appreciates both sides in that value added
down the road is worthwhile, but she is not a gambler.
Mayor Adolph said his big concern is spending $10 million, but does see the added
value Councilmember Osborne mentioned and wonders if they will look back and
say they made a mistake. He said he was concerned financially and aesthetically,
and disappointed with Meriwether Group for not stepping up to participate in
financing the pipeline. Mr. Mayor stated that he has to go with parallel option due
to his great concern for the financial situation but hopes the developer has a large
landscaping budget to screen the parallel canal.
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to approve Option 2- Parallel Canal. Motion passed: ayes 4, noes 1
(Osborne).
CITY COUNCIL MINUTES 5
MAY 21, 2013
STUDY SESSION
1. PRELIMINARY FISCAL YEAR 2013/2014 BUDGET
City Manager Spevacek, Finance Director Bird, Chris Escobedo - Assistant to City
Manager, all Department Directors, Assistant Police Chief Jimenez and Fire
Battalion Chief Jodie Gray presented the staff report, which is on file in the City
Clerk's Office.
After receiving clarification on multiple budget details from staff, Councilmembers
provided staff with the following direction:
Mayor Adolph expressed concern over the increasing percentage of the budget
taken by police and fire services and asked Chief Shouse to pass this concern onto
Sheriff Sniff.
Councilmember Osborne said that once public safety costs break the 50% mark it
is a huge expenditure and the City will have to make drastic changes if these costs
reach 60% next year.
Councilmember Osborne requested that the $50,000 allocated, but unspent, for
Martha's Kitchen capital improvements in FY 2012/13 be reallocated to Coachella
Valley Rescue Mission (CVRM) operating budget or if Council desires, split it with
Martha's Kitchen. He said that CVRM provides premier homeless services.
Mr. Osborne requested that the Investment Advisory Board be asked to examine
the benefits of using the services of a professional money manager such as Merrill
Lynch. Councilmember Henderson concurred.
Councilmember Osborne said that the solution to funding challenges in the future
will be agency /organization partnerships between entities such as Fire and Police,
schools and recreation districts, etc. He suggested that the city look to partnering
with community groups or establish programs similar -to adopt -a -park so the high
quality of park and field maintenance can remain. The initiation of community
collaborations could start at the Community Services Commission.
Councilmember Henderson suggested that a column be added to page 5 labeled
"Funds from Other Sources." Ms. Henderson requested clarification on the
increase in property tax versus no -low property tax on page 12. She proposed
examining the addition of one Community Service Officer at $95,000 if the
addition of three cannot be funded. Concerning the organizations requesting
additional funds, Ms. Henderson said she could not consider increasing Chamber of
Commerce funding without first seeing their full budget.
CITY COUNCIL MINUTES 6
MAY 21, 2013
Councilmember Osborne said that he was hoping the city could provide some
additional funding, although not as much as $32,000, to the Chamber for the July
4"' event.
Councilmember Evans said that the new budget format, especially the variance
column is very helpful. Regarding additional or new grant requests from
organizations, Ms. Evans said that the city has a process for funding such requests
and they should be provided with applications.
Mayor Adolph said he does not want to deplete the positive balance in the
2013/14 budget; he is not supportive of additional funding to groups. Mr. Mayor
requested that staff provide him with the rationale for the drop in DIF fees
(development impact fees).
City Manager Spevacek said that staff would bring to the June 4 " meeting, a
report on the impact of Council suggestions and options.
Councilmember Henderson said to keep in mind the cautions at the bottom of page
iv and to consider setting some of the anticipated surplus funds aside.
REPORTS AND INFORMATIONAL ITEMS
As La Quinta's representative for 2013, Councilmember Evans reported on her
participation in the following organizations' meetings:
• CVAG CONSERVATION COMMISSION
• CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
• GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU
As La Quinta's representative for 2013, Councilmember Franklin reported on her
participation in the following organizations' meetings:
• ANIMAL CAMPUS COMMISSION
• COACHELLA VALLEY ECONOMIC PARTNERSHIP
• SUNLINE TRANSIT AGENCY [attended for Mayor Adolph]
• CVAG EXECUTIVE COMMITTEE [attended for Mayor Adolph]
As La Quinta's representative for 2013, Councilmember Henderson reported on her
participation in the following organizations' meetings:
• CVAG PUBLIC SAFETY COMMITTEE
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION
Council received and filed the following reports and minutes. No discussion.
• PALM SPRINGS AIRPORT COMMISSION REPORT
• PLANNING COMMISSION MINUTES — FEBRUARY 12, 2013
• PLANNING COMMISSION MINUTES — APRIL 9, 2013
CITY COUNCIL MINUTES 7
MAY 21. 2013
• HISTORIC PRESERVATION COMMISSION MINUTES - JANUARY 17, 2013
• HISTORIC PRESERVATION COMMISSION MINUTES - FEBRUARY 21, 2013
• COMMUNITY SERVICES COMMISSION MINUTES - FEBRUARY 11, 2013
• INVESTMENT ADVISORY BOARD MINUTES - APRIL 10, 2013
DEPARTMENT REPORTS
1. CITY MANAGER
A. The effort to reach out to La Quinta's representative in the Assembly and
Senate offices has been beneficial in that they would like to continue
working together on a regular basis, so staff will be pursuing those
relationships.
B. The meeting with Dr. Rutherford, the Superintendent of Schools, covered a
variety of matters including his desire to resurface the two -by -two meetings
between the District and the City starting in September. Councilmember
Osborne said that he represented the Council in the past and would be glad
to do so again.
2. CITY ATTORNEY - None
3. CITY CLERK
A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR
B. SUMMER MEETING SCHEDULE
The consensus among Council was to cancel the August 20, 2013 and
September 3, 2013 regular meetings.
4. COMMUNITY SERVICES DEPARTMENT REPORT FOR APRIL 2013
5. COMMUNITY DEVELOPMENT DEPARTMENT REPORT FOR APRIL 2013
6. PUBLIC WORKS DEPARTMENT
A. MONTHLY REPORT FOR APRIL 2013
B. UPDATE ON LA QUINTA RETIREMENT COMMUNITY DUST CONTROL
(FINAL PARCEL MAP 36405)
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Mayor Adolph said that Mr. Nestande and Mr. Perez have been thanked for their
efforts at the State level on behalf of the City.
Councilmember Franklin reported that she was a judge for the Time Warner Cable
essay contest. The top high school winner was from La Quinta High School.
Councilmember Evans reported that she was a judge on the Top Women in
Business sponsored by Palm Springs Life. In the entrepreneur category, LIVE WELL
CLINIC - Dr. Nicole Ortiz, was honored for her success in business and
involvement in the community.
CITY COUNCIL MINUTES 8
MAY 21, 2013
PUBLIC HEARINGS - None
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Henderson /Franklin to adjourn at 8:50 p.m. Motion passed
unanimously.
Respectfully submitted,
,;A4
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 9
MAY 21, 2013