2013 06 18 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, JUNE 18, 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
Public Speaker: Paula Simonds, Program Coordinator, Family YMCA of the Desert -
Ms. Simonds provided information on current programs of the YMCA and
collaborative programs with the City of La Quinta.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(a), CITY OF LA QUINTA, ET
AL. v. MATOSANTOS, ET AL., SACRAMENTO COUNTY SUPERIOR COURT
CASE NO. 34- 2013 - 80001485
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 LOCATED IN THE LA QUINTA
VILLAGE, EAST OF AVENIDA MENDOZA, SOUTH OF CALLE TAMPICO,
WEST OF AVENIDA NAVARRO AND NORTH OF AVENIDA MONTEZUMA
(APN'S 773 - 076 -002, 773 - 076 -003, 773 - 076 -004, 773 - 076 -005, 773 -076-
010, 773 - 076 -011, 773 - 076 -012, 773 - 076 -013, 773 - 077 -013, AND 773-
077 -014). PROPERTY OWNER /NEGOTIATOR: HITZKE DEVELOPMENT
CORPORATION, GINGER HITZKE.
3. 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 LOCATED IN THE LA QUINTA
VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE TAMPICO,
NORTH OF AVENIDA LA FONDA (APN'S 770 - 123 -002, 770 - 123 -003, 770-
123 -004, 770 - 123 -006, 770 - 123 -010, 770 - 124 -002, 770 - 124 -003, 770-
124 -004, 770 - 124 -007, AND 770 - 124 -009). PROPERTY
OWNER /NEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN.
4. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J.
SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING THE POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND /OR DISPOSITION OF REAL PROPERTY LOCATED AT SILVERROCK
RESORT (APN'S 770 - 200 -026; 776 -150 -021; 776 - 150 -023; 770 - 060 -056;
770 - 060 -057; 770- 060 -058; 770- 060 -059; 770- 060 -061; 770- 060 -062;
777 - 490 -004; 777 -490 -006; 777 - 490 -007; 777 - 490 -012 AND 777 -490-
014). PROPERTY OWNER'S NEGOTIATORS: JOHN GAMLIN, MERIWETHER
COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY
COUNCIL RECESSED TO HOUSING AUTHORITY MEETING AND JOINT HOUSING
AUTHORITY AND CITY COUNCIL CLOSED SESSION AT 3:07 P. M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:10 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.
PUBLIC COMMENT
Public Speaker: Greg Cannon, La Quinta - Mr. Cannon questioned the height of the
new building at Calle Tampico and Eisenhower, and questioned the city policy
regarding destroying dogs that have bitten people and other dogs. Mayor Adolph
asked the Community Development Director to contact Mr. Cannon and provide the
necessary information to answer his questions.
Public Speaker: Robert Sylk, La Quinta - Mr. Sylk spoke in favor of allowing
backyard hens in residential neighborhoods in La Quinta. He said that a sampling
of about 100 Concerned Citizens of La Quinta were asked:
1. Would you vote in favor of hens being allowed in any and all yards in La Quinta?
Results: NO 87%
YES 13%
2. Outside gated communities as well as communities with HOAs, if strict
negotiations were adhered to, such as (1) health and safety issues, (2) noise
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issues and (3) hens that are penned so as not to attract birds or coyotes, etc.,
how would you vote? Results: ALLOW 91%
NOT ALLOW 9%
Public Speaker: Deborah Rogers, La Quinta - Ms. Rogers has backyard hens as
pets and requested that Council consider allowing them in the La Quinta Cove
residential neighborhood.
Public Speaker: Krystle Rogers, La Quinta - Ms. Rogers requested that the
Municipal Code be amended to allow backyard hens because she disagrees with
the restrictions against them. Ms. Rogers started the Coachella Valley Backyard
Hen campaign to change codes throughout the Valley to allow residents to keep a
small number of hens in an urban area.
Mayor Adolph directed staff to gather information from any cities in the Valley who
allow backyard hens.
CONFIRMATION OF AGENDA - Confirmed
PRESENTATIONS
1. SALTON SEA ACTION COMMITTEE
Mr. Juan De Lara, Director of the Salton Sea Action Committee, presented an
update on the Salton Sea Restoration project. He announced that
www.SSAcommittee.org is the new website where additional information is
available.
2. PROCLAMATION IN HONOR OF AMATEUR RADIO WEEK
Mayor Adolph presented the proclamation to Greg Butler as representative of the
Desert Radio Amateur Transmitting Society.
WRITTEN COMMUNICATIONS - None
APPROVAL OF MINUTES
MOTION - A motion was made and seconded by Councilmembers Evans/
Henderson to approve the minutes of June 4, 2013 as submitted. Motion passed
unanimously.
CONSENT CALENDAR
1. DEMAND REGISTER DATED JUNE 18, 2013
2. TREASURER'S REPORT DATED APRIL 30, 2013
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3. REVENUE AND EXPENDITURES REPORT DATED APRIL 30, 2013
4. pulled by Councilmember Osborne> > >ACCEPTANCE OF FRED WARING
DRIVE MEDIAN LANDSCAPE IMPROVEMENTS, PROJECT NO. 2011 -04
5. RESOLUTION TO ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA
QUINTA FOR FISCAL YEAR 2013/2014 [RESOLUTION 2013 -0291
6. DECLARATION OF SURPLUS PROPERTY
7. INVESTMENT ADVISORY BOARD WORK PLAN FOR FISCAL YEAR 2013/2014
8. MUNICIPAL LEASE AGREEMENT WITH CANON COPIERS TO PROVIDE DIGITAL
COPIERS, MAINTENANCE AND SUPPLIES
9. RESOLUTION TO EXTEND TIME FOR COMPLETION OF OFFSITE AND ONSITE
IMPROVEMENTS FOR TRACT MAP NO. 30092, PIAZZA SERENA [RESOLUTION
2013 -0301
10. RESOLUTION TO ACCEPT A DECLARATION OF DEDICATION OF A
LANDSCAPE EASEMENT ON TRACT NO. 24517 IRESOLUTION 2013 -0311
11. FIRST AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM STORMWATER DISCHARGE PERMIT IMPLEMENTATION AGREEMENT
(CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD — COLORADO
RIVER BASIN REGION)
12. PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR CONSTRUCTION
INSPECTION SERVICES
13. SECOND READING AND ADOPTION OF ORDINANCE NO. 512 AND
ORDINANCE NO. 513 AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE AND CORRESPONDING ZONE CHANGE ACTIONS REQUIRED
TO IMPLEMENT PROGRAMS IDENTIFIED IN THE 2008 LA QUINTA HOUSING
ELEMENT
14. pulled by Councilmember Osborne > > > SECOND READING AND ADOPTION
OF ORDINANCE NO. 514 APPROVING ZONE CHANGE 2013 -143, TO REZONE
CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL, TO MEDIUM
DENSITY RESIDENTIAL WITH AN AFFORDABLE HOUSING OVERLAY ZONE AS
IDENTIFIED IN THE 2008 LA QUINTA HOUSING ELEMENT
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15. SECOND READING AND ADOPTION OF ORDINANCE NO. 515 ADDING
SECTION 9.60.115 TO TITLE 9 OF THE LA QUINTA MUNICIPAL CODE,
ESTABLISHING PROCEDURAL AND OPERATIONAL PROVISIONS FOR
COTTAGE FOOD OPERATIONS WITHIN RESIDENTIAL DISTRICTS
16. AMENDMENT NO. 1 TO AGREEMENT WITH SHARK POOLS, INC. FOR
ENTRANCE MONUMENTS AND FOUNTAIN POOLS MAINTENANCE SERVICES
17. OVERNIGHT TRAVEL FOR INSPECTOR 1 TO ATTEND CALTRANS RESIDENT
ENGINEER ACADEMY IN COSTA MESA, CALIFORNIA, JUNE 24 -27, 2013
18. EXCUSE COMMISSIONER MARK WEBER'S ABSENCE FROM THE JUNE 25,
2013 PLANNING COMMISSION MEETING
19. PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND ADVERTISE FOR
BID THE IRRIGATION RELOCATION FOR SILVERROCK CANAL RELOCATION,
PROJECT NO. 2013 -06
Councilmember Osborne asked that Consent Calendar Item Nos. 4 and 14 be voted
on separately because he has a conflict of interest due to the proximity of these
projects to his residence.
MOTION — A motion was made and seconded by Councilmembers Henderson/
Evans to approve Consent Calendar Item Nos. 1 -3, 5 -13, and 15 -19 as
recommended with Item Nos. 5, 9 and 10 adopting Resolution Nos. 2013 -029,
2013 -030, and 2013 -031 respectively. Motion passed unanimously.
MOTION — A motion was made and seconded by Councilmembers Evans /Franklin
to approve Consent Calendar Items Nos. 4 and 14. Motion passed: ayes 4, noes
0, absent 1 (Osborne).
BUSINESS SESSION
1. RESOLUTION TO ADOPT THE FISCAL YEAR 2013/2014 CITY OF LA
QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT
[RESOLUTION 2013 -0321
Finance Director Bird presented the report, which is on file in the City Clerk's
Office.
MOTION — A motion was made and seconded by Councilmembers Franklin /Osborne
to adopt Resolution No. 2013 -032 as amended entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL
YEAR 2013/2014 AND APPROVING A BUDGET FOR FISCAL YEAR 2013/2014
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with the following added allocations: (1) $900,000 to relocate the irrigation system
at SilverRock Resort and estimated loss in revenue for fiscal year 2013/14, (2)
$100,000 to hire one Community Service Officer, (3) $50,000 for a police service
review, and $10,000 contributed to the 4" of July 2013 event.
Motion passed unanimously.
2. ORDINANCE AMENDING SECTION 8.01.020 OF THE MUNICIPAL CODE
REGARDING MEMBERSHIP QUALIFICATIONS OF BUILDING BOARD OF
APPEALS
Building Official Butler presented the report, which is on file in the City Clerk's
Office.
A motion was made and seconded by Councilmembers Evans /Henderson to take up
Ordinance No. 516 by title and number only and waive further reading. Motion
passed unanimously.
City Clerk Maysels read the Ordinance title into the record:
ORDINANCE 516
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING SECTION 8.01.020 OF THE LA QUINTA MUNICIPAL
CODE REGARDING MEMBERSHIP QUALIFICATIONS OF BUILDING BOARD OF
APPEALS
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to introduce Ordinance No. 516 on first reading. Motion passed
unanimously.
STUDY SESSION
1. UPDATE ON THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT FOR THE WHITEWATER RIVER REGION
Public Works Director Jonasson and Principal Engineer Wimmer presented the staff
report, which is on file in the City Clerk's Office.
Mayor Adolph and Councilmembers received clarification and additional information
from staff regarding this program being classified as an unfunded mandate; revenue
that offsets implementation expenses; differing requirements for northern California
versus the desert; the program's effect on local builders and businesses; acceptable
reasons for non - compliance; and encouragement by staff to urge all interested
parties to attend the meeting June 201".
2. DISCUSSION OF PROCEDURES FOR APPOINTMENTS TO BOARDS AND
COMMISSIONS
City Manager Spevacek presented the staff report, which is on file in the City
Clerk's Office.
Councilmembers directed staff to draft an ordinance encompassing the following
changes to the code regarding boards, commissions and committees:
1. Standardize all terms to three years;
2. Applicants may apply for more than one position, but preference will not be
taken into consideration by Council when making appointments;
3. The order of interviews /appointments will be determined by random drawing;
4. A rotation will be instituted whereby incumbents will not be reappointed
immediately after they have served two consecutive terms;
5. Applicants may reapply to a board /commission they have previously sat on
after a lapse of one term;
6. Applicants rotated out of one board /commission may immediately apply to
any other board /commission;
7. Exception to rotations will be the professional positions in various boards/
commissions;
8. Keep all existing boards, commissions and committees;,
9. Keep Council's ability to extend terms; and
10. These code changes are applicable to 2013 appointments, with the
exception of the requirement to rotate out after two terms, which will be
applicable to appointments in 2014 and thereafter.
Councilmember Henderson asked staff to explore ways to involve boards/
commissions more in pending matters before the city, such as the Sphere of
Influence discussion and assessments so that members' talents are fully utilized.
REPORTS AND INFORMATIONAL ITEMS
As La Quinta's representative for 2013, Councilmember Evans reported on her
participation in the following organization's meetings:
• CVAG CONSERVATION COMMISSION
• CVAG ENERGY & ENVIRONMENTAL RESOURCES - COMMITTEE
As La Quinta's representative for 2013, Councilmember Henderson reported on her
participation in the following organization's meetings:
• CVAG PUBLIC SAFETY COMMITTEE
• CVAG TRANSPORTATION COMMITTEE
• LEAGUE OF CALIFORNIA CITIES DELEGATE
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION
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As La Quinta's representative for 2013, Councilmember Osborne reported on his
participation in the following organization's meetings:
• CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE
As La Quinta's representative for 2013, Mayor Adolph reported on his participation
in the following organization's meetings:
• SUNLINE TRANSIT AGENCY
The City Council received and filed the following reports:
• PALM SPRINGS AIRPORT COMMISSION REPORT
• COMMUNITY SERVICES COMMISSION MINUTES - MAY 13, 2013
• ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE MINUTES -
OCTOBER 15, 2012
DEPARTMENT REPORTS
1. CITY MANAGER
a. Reinstatement of 2x2 meetings with the school district - Councilmember
Osborne volunteered to attend
b. Legal Dispute letter of support - Council consensus in favor
c. Initiative drive to reinstate redevelopment agencies - Council consensus
against participation by the City of La Quinta at this time.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Mayor Adolph and Councilmembers Osborne and Franklin expressed concern that
the public art installed at the Caleo Bay Alzheimer's Special Care Facility is not
visible from Washington Street or Caleo Bay. They directed staff to point out the
issue to the Community Services Commissioners so that they take this concern into
account when deciding on future placements. Councilmember Franklin asked staff
to talk to the operator about moving the piece.
PUBLIC HEARINGS-- None
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Franklin /Evans to adjourn at 6:27 p.m. Motion passed
unanimously.
Respectfully submitted,
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SUSAN MAYSELS, City Jerk
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