2013 05 07 CC MinutesCITY COUNCIL MINUTES
TUESDAY, MAY 7, 2013
A regular meeting of the La Quinta City Council was called to order at 4:01 p.m. by
Mayor Pro Tem Franklin.
PRESENT: Councilmembers Evans, Henderson, Osborne, Mayor Pro Tem Franklin
ABSENT: Mayor Adolph
MOTION: A motion was made and seconded by Councilmembers Henderson/
Osborne to excuse Mayor Adolph's absence. Motion passed: ayes 4, noes 0,
absent 1.
Councilmember Osborne led the audience in the pledge of allegiance.
PUBLIC COMMENT
Public Speaker: Patrick Swarthout of Imperial Irrigation District (IID) — Mr.
Swarthout explained the problems and costs to IID resulting from theft of copper.
He stated that IID is offering a $2,500 reward for information leading to the arrest
and conviction of thieves. The public is asked to call 911 if they see or suspect
theft.
CONFIRMATION OF AGENDA
City Manager Spevacek announced that the Council will go into Closed Session
after the Business Session.
Councilmember Henderson requested that Consent Calendar Item No. 3 be pulled
for discussion and separate vote.
PRESENTATIONS — None
WRITTEN COMMUNICATIONS — None
APPROVAL OF MINUTES
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to approve the minutes of April 16, 2013 as submitted. Motion passed:
ayes 4, noes 0, absent 1.
CITY COUNCIL MINUTES - MAY 7, 2013 1
CONSENT CALENDAR
1. DEMAND REGISTER DATED MAY 7, 2013
2. OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE
GOVERNMENT FINANCE OFFICERS ASSOCIATION 2013 ANNUAL
CONFERENCE IN SAN FRANCISCO, CA, JUNE 2 -5, 2013
3. pulled for discussion and separate vote > > CONTRACT TO CONSTRUCT A
MODERN ROUNDABOUT AT THE INTERSECTION OF EISENHOWER DRIVE
AND CALLE SINALOA, PROJECT NO. 2010 -11
4. PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR PROFESSIONAL
ENGINEERING SERVICES TO PREPARE PLANS, SPECIFICATIONS, AND
ESTIMATES FOR PAVEMENT MANAGEMENT PLAN STREET
IMPROVEMENTS, PROJECT NO. 2012 -07
5. REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE
AREA (CSA) 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY
ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS
FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152
[RESOLUTION 2013 -0181
6. SPECIFICATIONS, BID DOCUMENTS AND ENGINEER'S ESTIMATE AND
ADVERTISEMENT FOR BID OF MISCELLANEOUS PUBLIC FACILITY
IMPROVEMENTS TO COMPLY WITH THE AMERICANS WITH DISABILITIES
ACT, PROJECT NOS. 2012 -03, 2012 -04, AND 2012 -05
7. CONTRACT EXTENSION WITH VINTAGE ASSOCIATES FOR PARK
LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2013/2014
8. CONTRACT EXTENSION WITH SANTA FE BUILDING FOR JANITORIAL
SERVICES FOR FISCAL YEAR 2013/2014
9. LEASE OF OLD FIRE STATION NO. 32 TO SPRINGS AMBULANCE SERVICE,
INC.
10. RESOLUTION ACCEPTING A DONATION FROM THE LA QUINTA
HISTORICAL SOCIETY FOR THE 9/11 MEMORIAL [RESOLUTION 2013 -0191
11. DENIAL OF CLAIM FOR DAMAGES FILED BY PATRICIA VROOMAN; DATE
OF LOSS — MARCH 13, 2013
CITY COUNCIL MINUTES - MAY 7, 2013 2
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to approve the Consent Calendar Item Nos. 1 -2 and 4 -11 as
recommended with Item Nos. 5 and 10 adopting Resolution Nos. 2013 -018 and
2013 -019 respectively. Motion passed: ayes 4, noes 0, absent 1.
BUSINESS SESSION
1. ORDINANCE AMENDING THE LA QUINTA MUNICIPAL CODE SECTION
11.44.060 PARKS AND RECREATION AREAS, PROHIBITING SMOKING IN
CITY PARKS
Council waived the staff report presentation.
Councilmember Evans stated that public communication and education will increase
compliance and requested that staff reach out to Club Live members who initiated
this ordinance for assistance with public education. She also suggested that the
city's website, the GEM, schools and postings be used to get the word out.
Councilmember Osborne said that although La Quinta is a "Healthy Eating, Active
Living City," there are people who choose to smoke and it is their personal right to
do so. Mr. Osborne has a challenge telling a smoker that s /he can no longer smoke
in a park. He said all citizens have a right to go to the park including smokers, but
smokers must be considerate of others by not leaving. cigarette butt litter.
Councilmember Henderson said that the smokers are causing themselves problems
by not being considerate of people around them and by leaving cigarette butt litter
causing the passage of these types of ordinances. She said that this ordinance
deserves to be passed and hopes it brings some awareness to smokers to pay
attention to their surroundings.
Staff said this ordinance applies to public parks but not to SilverRock.
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to take up Ordinance No. 510 by title and number only and waive
further reading. Motion passed: ayes 3, noes 1(Osborne), absent 1 (Adolph).
City Clerk Maysels read the Ordinance title into the record:
ORDINANCE 510
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING SECTION 11.44.060 OF THE LA QUINTA MUNICIPAL
CODE PERTAINING TO SMOKING IN CITY PARKS
CITY COUNCIL MINUTES - MAY 7, 2013 3
MOTION - A motion was made and seconded by Councilmembers Evans/
Henderson to introduce Ordinance No. 510 on first reading. Motion passed: ayes 3,
noes 1(Osborne), absent 1 (Adolph).
CONSENT CALENDAR ITEM NO. 3 - pulled for discussion and separate vote:
CONTRACT TO CONSTRUCT A MODERN ROUNDABOUT AT THE INTERSECTION
OF EISENHOWER DRIVE AND CALLE SINALOA, PROJECT NO. 2010 -11
Public Speaker: Kay Wolff, La Quinta - Ms. Wolff spoke in favor of the roundabout
and requested that Council makes it as beautiful as available funds allow.
MOTION - A motion was made and seconded by Councilmembers Evans/
Henderson to award a contract to Golden Valley Construction to include Additive
Alternate Nos. 2, 4, 5, 6, 7 and 9 and appropriate $464,019 in Development
Impact Funds, and $28,600 in Art in Public Places funds. Motion passed: ayes 4,
noes 0, absent 1.
STUDY SESSION
1. ALTERNATIVES 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.
Councilmembers considered the pros and cons of each alternative, as well as the
funding options and timing issues.
REPORTS AND INFORMATIONAL ITEMS
As La Quinta's representative for 2013, Councilmember Henderson reported on her
participation in the following organization's meetings:
• LEAGUE OF CALIFORNIA CITIES DELEGATE
As La Quinta's representative for 2013, Councilmember Osborne reported on his
participation in the following organization's meetings:
• IID ENERGY CONSUMERS' ADVISORY COMMITTEE
DEPARTMENT REPORTS
CITY CLERK
A. REQUEST FROM THE CITY OF PERRIS TO ADDRESS COUNCIL REGARDING
SUPPORT FOR $92 MILLION IN STATE FUNDS FOR THE LAKE PERRIS DAM
REMEDIATION PROJECT
CITY COUNCIL MINUTES - MAY 7, 2013 4
City Clerk Maysels presented the department report, which is on file in the City
Clerk's Office. Council waived presentation from Perris, and indicated support for
scheduling the resolution on the May 21st agenda, consent calendar section.
A. CITYWIDE LIGHTING AND LANDSCAPE DISTRICT AND PARKS
ASSESSMENT DISTRICT UPDATE
B. UPDATE ON LAING LUXURY HOMES PM -10 FENCE
Council received and filed these reports. No discussion.
COMMUNITY DEVELOPMENT
A. GOLDENVOICE CONCERTS UPDATE
Council received and filed these reports. No discussion.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Councilmember Evans reported on the Southern California Association of
Governments. Ms. Evans and others accepted the Blue Print Compass Visionary
Award on behalf of Coachella Valley Association of Governments for the
Whitewater Trails project.
COUNCIL RECESSED TO THE SUCCESSOR AGENCY MEETING AT 5:36 P.M.
MAYOR PRO TEM FRANKLIN RECONVENED THE CITY COUNCIL MEETING AT
5:38 P.M.
CLOSED SESSION
1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION,
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (c) lone matter)
COUNCIL RECESSED TO CLOSED SESSION AT 5:38 P.M.
MAYOR PRO TEM FRANKLIN RECONVENED THE CITY COUNCIL MEETING AT
7:02 P.M. WITH COUNCILMEMBERS EVANS, HENDERSON AND OSBORNE
PRESENT. MAYOR ADOLPH ABSENT. NO ACTIONS WERE TAKEN IN CLOSED
SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE
SECTION 54957.1 (BROWN ACT).
PUBLIC COMMENT — None
CITY COUNCIL MINUTES - MAY 7, 2013 5
PUBLIC HEARINGS
1. RESOLUTION FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
89 -1, FISCAL YEAR 2013/2014
Public Works Director Jonasson presented the staff report, which is on file in the
City Clerk's Office.
Mayor Pro Tem Franklin declared the PUBLIC HEARING OPEN at 7:06 p.m.
Public Speaker: None
Mayor Pro Tem Franklin declared the PUBLIC HEARING CLOSED at 7:06 p.m.
MOTION - A motion was made and seconded by Councilmembers Osborne /Evans
to adopt Resolution No. 2013 -020 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS
FOR FISCAL YEAR 2013/14 LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89 -1 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972
Motion passed: ayes 4, noes 0, absent 1.
2. RESOLUTION FISCAL YEAR 2013/2014 THROUGH 2017/2018 CAPITAL
IMPROVEMENT PROGRAM
Public Works Director Jonasson presented the staff report, which is on file in the
City Clerk's Office.
Mayor Pro Tem Franklin declared the PUBLIC HEARING OPEN at 7:20 p.m.
Public Speaker: None
Mayor Pro Tem Franklin declared the PUBLIC HEARING CLOSED at 7:20 p.m.
Councilmember Osborne promoted using approximately $3.3 million for a
community center north of Highway 111 rather than the expansion and
improvement of the senior center.
MOTION - A motion was made and seconded by Councilmembers Evans/
Henderson to adopt Resolution No. 2013 -021 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA; APPROVING THE FISCAL YEAR 2013/14 THROUGH 2017/18
CAPITAL IMPROVEMENT PROGRAM
Motion passed: ayes 3, noes 1(Osborne ), absent 1 (Adolph).
3. RESOLUTION ZONE CHANGE 2012 -142 AND CONDITIONAL USE PERMIT
2012 -146 TO REZONE AND CONVERT AN EXISTING 15,933 SQUARE
FOOT BUILDING INTO AN INDOOR MINIATURE GOLF RECREATIONAL
CITY COUNCIL MINUTES - MAY 7, 2013 6
FACILITY LOCATED AT THE SOUTHWEST CORNER OF DUNE PALMS ROAD
AND CORPORATE CENTRE DRIVE. APPLICANT: ROCK N ROLL MINI GOLF,
LLC
Community Development Director Johnson presented the staff report, which is on
file in the City Clerk's Office. A memo distributed to Council dated May 7, 2013
from staff detailing an amendment to Item No. 7 of the Conditions of Approval is
also on file in the City Clerk's Office.
Mayor Pro Tem Franklin declared the PUBLIC HEARING OPEN at 7:34 p.m.
Public Speaker: Kurt Handshuh, Palm Springs, representing the applicant — Mr.
Handshuh said the average age will be young teens, below age 16; no beer or wine
will be sold; the music will range from beginning of Rock to the 1980s, played by a
disc jockey; a snack bar will sell healthy snacks and traditional hot dogs and chips;
the offices upstairs will be vacant in the early stages of the business; and the next
closest indoor mini golf is in Marina Del Rey.
Mayor Pro Tern Franklin declared the PUBLIC HEARING CLOSED at 7:40 p.m.
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to take up Ordinance NO. 511 by title and number only and waive
further reading. Motion passed: ayes 4, noes 0, absent 1.
City Clerk Maysels read the Ordinance title into the record:
ORDINANCE 511
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA 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
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to introduce Ordinance No. 511 on first reading. Motion passed: ayes
4, noes 0, absent 1.
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to adopt Resolution No. 2013 -022 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2012 -146 PERMITTING A
MINIATURE GOLF /FAMILY RECREATION CENTER INCLUDING THE AMENDMENT
TO CONDITION OF APPROVAL NUMBER 7. APPLICANT: ROCK N. ROLL MINI
GOLF, LLC
CITY COUNCIL MINUTES - MAY 7, 2013 7
Motion passed: ayes 4, noes 0, absent 1.
4. RESOLUTIONS FOR A THIRD EXTENSION OF TIME FOR CONDITIONAL USE
PERMIT 2007 -105 AND SITE DEVELOPMENT PERMIT 2006 -875 FOR
APPROXIMATELY 234,450 SQUARE FOOT OF RETAIL AND MEDICAL
OFFICE DEVELOPMENT ON APPROXIMATELY 25 ACRES LOCATED AT
NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING
DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P.
Councilmember Osborne recused himself and left the dais during discussion and
vote on this item due to the proximity of this project to his residence.
Community Development Director Johnson presented the staff report, which is on
file in the City Clerk's Office.
Mayor Pro Tem Franklin declared the PUBLIC HEARING OPEN at 7:48 p.m.
Public Speaker: None
Mayor Pro Tern Franklin declared the PUBLIC HEARING CLOSED at 7:48 p.m.
MOTION - A motion was made and seconded by Councilmembers Henderson/
Evans to adopt Resolution No. 2013 -023 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A THIRD TIME EXTENSION OF TWO YEARS
FOR DEVELOPMENT PLANS FOR A CONVALESCENT REHABILITATION
FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+
SQUARE FOOT RETAIL STORES LOCATED ON THE NORTHEAST CORNER
OF WASHINGTON AND FRED WARING DRIVE.
CASE NO.: CONDITIONAL USE PERMIT 2007 -105 EXTENSION #3.
APPLICANT: MAYER VILLA CAPRI, L.P.
Motion passed: ayes 3, noes 0, absent 2 (Adolph, Osborne).
MOTION - A motion was made and seconded by Councilmembers Evans/
Henderson to adopt Resolution No. 2013 -024 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A THIRD TIME EXTENSION OF TWO YEARS
FOR DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A
MEDICAL OFFICE COMPLEX LOCATED ON THE NORTHEAST CORNER
OF WASHINGTON STREET AND FRED WARING DRIVE.
CASE NO.: SITE DEVELOPMENT PERMIT 2006 -875 EXTENSION #3.
APPLICANT: MAYER VILLA CAPRI, L.P.
Motion passed: ayes 3, noes 0, absent 2 (Adolph, Osborne).
CITY COUNCIL MINUTES - MAY 7, 2013 8
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Henderson /Evans to adjourn at 7:50 p.m. Motion passed: ayes 3,
noes 0, absent 2 (Adolph, Osborne).
Respectfully submitted,
SUSAN MAYSELS, ty Clerk
City of La Quinta, California
CITY COUNCIL MINUTES - MAY 7, 2013 9