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2013 10 15 CC MinutesCITY COUNCIL MINUTES TUESDAY, OCTOBER 15, 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 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 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 -00; 770- 124-00; 770- 124 -007; AND 770- 124 -009). PROPERTY OWNER/ NEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN 3. 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 OWNERS /NEGOTIATORS: JOHN GAMLIN, MERIWETHER COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY COUNCIL RECESSED TO THE JOINT CLOSED SESSION OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AT 3:03 P.M. CITY COUNCIL MINUTES . 1 OCTOBER 15, 2013 MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:09 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN INCLOSED 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: Lori Weathers, RSVP Volunteer Program — Ms. Weathers explained the goals of the organization, and provided statistics on age demographics in La Quinta and volunteer service by La Quinta residents. Public Speaker: Frank Taylor, Community Safety Consulting Group — Mr. Taylor requested a study session item be added to a future agenda to discuss unmanned aerial systems. CONFIRMATION OF AGENDA Councilmember Evans requested that Consent Item No. 14 be pulled and moved to the Business section for discussion and separate vote. Council concurred. PRESENTATIONS 1. PROCLAMATION TO DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING SCORES Mayor Adolph presented a proclamation to Principal Donna Salazar of the Desert Sands Unified School District recognizing the students' outstanding achievement with an Academic Performance Index of 841, the highest in the Coachella Valley. 2. PROCLAMATION TO MILITARY ORDER OF THE PURPLE HEART Mayor Adolph presented a proclamation to Len Tavernetti, representative of the Military Order of the Purple Heart, honoring the service and sacrifice of our nation's men and women in uniform who were wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans. Mr. Tavernetti asked everyone to seek out the stories of those who served in World War II and pass that history along. WRITTEN COMMUNICATIONS — None CITY COUNCIL MINUTES 2 OCTOBER 15, 2013 APPROVAL OF MINUTES MOTION — A motion was made and seconded by Councilmembers Henderson/ Evans to approve the minutes of October 1, 2013 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. RECEIVE AND FILE TREASURER'S REPORTS DATED JULY 31, 2013 AND AUGUST 31, 201314 2. RECEIVE AND FILE REVENUE & EXPENDITURE REPORTS DATED AUGUST 31, 2013 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2013 3. EXCUSE BOARD MEMBER JENNIFER DONAIS' ABSENCE FROM THE OCTOBER 9, 2013 INVESTMENT ADVISORY BOARD MEETING 4. APPROVE A PERMANENT LICENSE AND INDEMNITY AGREEMENT WITH RIVERSIDE COUNTY PERMITTING ENCROACHMENT OVER FRED WARING DRIVE AND ESTABLISHING MAINTENANCE AND DESIGN LIABILITY FOR THE STREET WIDENING PROJECT 5. APPROVE THE PROGRAM SUPPLEMENTAL AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION AND FEDERAL HIGHWAYS ADMINISTRATION AND THE REQUEST FOR PROPOSAL TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT 6. APPROVE THE NAMES OF VETERANS TO BE INCLUDED ON THE CIVIC CENTER CAMPUS VETERANS' ACKNOWLEDGMENT AREA 7. RESOLUTION TO APPROVE A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PUBLIC FACILITY AND STREET IMPROVEMENTS ALONG CALLE SINALOA, AND FOR PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB — LA QUINTA UNIT [RESOLUTION 2013 -0471 8. DENY CLAIM FOR DAMAGES FILED BY GUY WYMAN WILBOR; DATE OF LOSS — MARCH 22, 2013 9. AUTHORIZE OVERNIGHT TRAVEL FOR GOLF AND PARKS/ LANDSCAPE MANAGER TO ATTEND PLAYGROUND SAFETY CERTIFICATION ON DECEMBER 10 -12, 2013 IN SAN CLEMENTE, CALIFORNIA CITY COUNCIL MINUTES 3 OCTOBER 15, 2013 10. AUTHORIZE OVERNIGHT TRAVEL FOR RECREATION SUPERVISOR TO ATTEND MAINTENANCE MANAGEMENT SCHOOL ON NOVEMBER 4 -8, 2013 IN LAKE ARROWHEAD, CALIFORNIA 11. AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC SIGNAL TECHNICIAN TO ATTEND TRAINING IN ANAHEIM, CALIFORNIA, OCTOBER 8 -10, 2013 12. AUTHORIZE CITY MANAGER TO EXECUTE THE SILVERROCK RESORT GOLF CART LEASE GUARANTY AND ADDENDUM as revised and noted in the memo distributed to Council dated 10/15/2013. 13. APPROVE DEMAND REGISTER DATED OCTOBER 15, 2013 14. Pulled by Councilmember Evans and moved to the Business Section for discussion and separate vote > > > AUTHORIZE THE CITY MANAGER TO TRANSFER UP TO $41,431,179 FROM THE UNDESIGNATED GENERAL FUND RESERVES TO THE SUCCESSOR AGENCY OF THE LA QUINTA REDEVELOPMENT AGENCY Council Comments: Consent Calendar Item No. 7 — Councilmember Osborne noted that the effect of this item is a $10,000 reduction in contributions to the La Quinta Boys' and Girls' Club, which combined with last year's $10,000 reduction, totals $20,000. Mr. Osborne would like Council to reconsider the City's contribution during mid -year budget review in hopes of easing the decrease in funding and services for La Quinta youth. Consent Calendar Item No. 5 — Councilmember Evans stated she was thrilled that outside funding for the design and construction of a Dune Palms Road bridge has been identified. This final bridge over the wash will provide safety and access to residents in wet and dry weather. Ms. Evans requested that the design accommodate the future Coachella Valley bikeway - trailway link. MOTION — A motion was made and seconded by Councilmembers Franklin /Evans to approve the Consent Calendar including the revised Item No. 12 as recommended, with the exception of Item No. 14, and with Item No. 7 adopting Resolution 2013 -047. Motion passed unanimously. CITY COUNCIL MINUTES 4 OCTOBER 15, 2013 BUSINESS SESSION Consent Calendar Item No. 14 — AUTHORIZE THE CITY MANAGER TO TRANSFER UP TO $41,431,179 FROM THE UNDESIGNATED GENERAL FUND RESERVES TO THE SUCCESSOR AGENCY OF THE LA QUINTA REDEVELOPMENT AGENCY Councilmember Evans stated that she could not approve writing a check to the State of California for $41 million without comment. This is another opportunity to plead the City's case against the Governor's method of piecemeal legislation, and reiterate the City's fight to retain the funds it legitimately utilized through written contractual loans from the City's General Fund to the former La Quinta Redevelopment Agency. The City has now received a letter of demand for the $41 million from the State yet the City has not yet received the court's decision on its appeal. Ms. Evans said that although the City's course may be near the end of its track and the City might eventually need to write that check, it is with discontent to say the least. The Council has done everything imaginable legally without stopping the progression of our City, a City that this Council and prior Councils have worked hard to make economically viable and a great place to live, work and shop. She said that sending $41 million to the State would not hinder the Council from continuing its work, but it is running out of options to proceed with some of its goals and objectives. At the 11" hour, when there are no other options, Ms. Evans supports the City Manager in taking necessary actions including releasing the $41 million to the State. She felt it is important for the community to know that this State demand is unfair, but fortunately, the City does have the $41 million to hand over, and the City will still be successful despite that. Councilmember Osborne said that he was in the court room during the appeal hearing and regarding the contractual obligations of the RDA to the City, the judge said that since the loan does prepared 30 years ago did not have language stating that repayment in full would be due if the RDA was to be dissolved, the City cannot demand repayment now. Mr. Osborne noted that no city would have known 30 years ago that the State would unilaterally dissolve all RDAs and that the State is making up the rules as they go regardless of the State Constitution and the City's rights. It is ludicrous that the State can come in and take $41 million from this community. Councilmember Henderson said that there are 380 redevelopment agencies in the State in similar circumstances and approximately 150 of them have active lawsuits against the State. She said that La Quinta's attorneys have done an excellent job for the City in presenting its legal case; she finds it incredible that after hearing the City legal arguments, the State can disagree with a straight face. Ms. Henderson said that collusion at the State level is obvious and the City must be very careful about every move it makes because the State is still looking for more money. CITY COUNCIL MINUTES 5 OCTOBER 15, 2013 Councilmember Franklin said that the State of California no longer has democracy; it has a demigod who proceeds with whatever he chooses to do. The dissolution of the RDAs could have been done in a more appropriate manner, giving cities time to do what needed to be done. Instead, this law was imposed and the State included a claw -back provision negating transactions preparing for the dissolution. La Quinta is being hit for $41.4 million for being fiscally responsible. It is punitive. The City did nothing illegal. Ms. Franklin said that the City has an option, which is not to pay the $41 million and has contemplated this course of action. However, the State has said that it will withhold payment of the City's portion of property and sales taxes, which is City money, not RDA money. This State action would amount to the comingling of funds which the State Constitution prohibits. Ms. Franklin would like the record to reflect her incredible fury at having to write this check and her frustration at delaying plans for the City's future because no one knows what the State will pull next. Councilmember Evans said the Council has an obligation to 40,000 residents. The Council prides itself on making good decisions, which is evident based on this money being there. She said the Council would continue to see that this City thrives, finds ways to generate revenue, and hopefully the State will not come up with new ways of taking more City funds to offset their poor management of the State budget. Mayor Adolph said that the City made a great argument showing the legality of its case but the judge chose to support the Governor and fill the deficit the State created rather than do what is best for citizens. Mayor Adolph concluded that as a result of seeing judges in action, he would never again vote for an incumbent State judge. This action hurts the City's economy, its infrastructure, and its development, and this extends beyond La Quinta to all nine cities in the Coachella Valley. He said La Quinta would overcome this and move forward in its typical progressive, yet fiscally conservative way. MOTION — A motion was made and seconded by Councilmembers Evans /Franklin to transfer up to $41,431,179 of the City's dollars from undesignated General Fund Reserves to the Successor Agency of the La Quinta Redevelopment Agency, at the last possible hour. Motion passed unanimously. STUDY SESSION 1. CLASSIFICATION AND COMPENSATION SYSTEM — GUIDING FRAMEWORK Human Resources /General Services Manager Deeringer presented the staff report, which is on file in the City Clerk's Office. CITY COUNCIL MINUTES 6. OCTOBER 15, 2013 Councilmember Evans commented on the importance of linking performance to pay; compression between job levels; reasonable time period for an employee to learn or get minimum requirements of his /her classification; means by which employees will learn that s /he will be reclassified; the main coordinators for developing new jobs will be Directors with Human Resources assistance; the "funnel" effect of job ranges; performance rewards; annual letters giving the total value of positions, e.g. base and benefits; salary review every two years may occur more often if it's a vacant position; part -time employees will also be evaluated; and importance of cross - training and succession planning. Councilmember Henderson said that this study was one good result of the recent recession; pleased that salaries will also be compared to those in the private sector; hopes that no new jobs are created in the next five years or so; and a letter with total compensation value should be provided to employees annually. Councilmember Osborne said that this approach is great for the City and noted that La Quinta will continue to pay above the norm so that the City continues to have a great team. Councilmember Franklin said that they have asked a lot of employees to date and this is yet another change; important that employees will be involved in process; supports the philosophy; and believes this is something that needs to be done. Mayor Adolph said that timing is important for changes such as this, and now is the time for this upgrade. 2. COACHELLA VALLEY i -HUB ACCELERATOR NETWORK PROJECT OVERVIEW City Manager Spevacek introduced Thomas Flavin and Wesley Ahlgren of the Coachella Valley Economic Partnership, who displayed a PowerPoint presentation and provided a hand out listing the CViHub Companies circa July 2013. Councilmembers discussed the federal planning grant; the location and size of a new iHub site or sites; funding sources for the existing Palm Springs iHub; 3,227 jobs created by the current iHub; conditions tied to the grant funds; east valley defined as Morongo to Salton Sea; competition among cities to locate the new iHub in their jurisdiction; local matching funds being sought from government and private partners; contributing cities will participate in the decisions on the new businesses given assistance and space in the iHub; an Advisory Committee to consist of the Mayor from each city plus members of the business community; if La Quinta contributes, the funds will come from reserves. CITY COUNCIL MINUTES 7 OCTOBER 15, 2013 Councilmembers Osborne, Evans, and Franklin requested that this matter be brought back to Council in November as a Business item. REPORTS AND INFORMATIONAL ITEMS As La Quinta's representative for 2013, Councilmember Evans reported on her participation in the following organizations meeting: • CVAG CONSERVATION COMMISSION • CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE As La Quinta's representative for 2013, Councilmember Franklin reported on her participation in the following organizations meeting: • ANIMAL CAMPUS COMMISSION • COACHELLA VALLEY MOUNTAINS CONSERVANCY • JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY As La Quinta's representative for 2013, Councilmember Henderson reported on her participation in the following organizations meeting: • CVAG TRANSPORTATION COMMITTEE • LEAGUE OF CALIFORNIA CITIES DELEGATE • RIVERSIDE COUNTY TRANSPORTATION COMMISSION As La Quinta's representative for 2013, Councilmember Osborne reported on his participation in the following organizations meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE DEPARTMENT REPORTS Department Reports were received and filed. Copies are on file in the City Clerk's Office. City Manager Spevacek reported that the Technical Advisory Committee approved a new allocation for the Jefferson Street /1 -10 interchange and combined with State Transportation Improvement Funds, the City's contribution is projected to decrease from $3.5 million to $450,000. City Manager Spevacek informed Council that the regular City Council meeting of November 5, 2013 will be cancelled. The next regular meeting will be November 19, 2013. City Clerk Maysels asked the Council for a mutually convenient date for the annual Police volunteers' dinner. The Council set the evening of Tuesday, November 12, 2013 for the event. CITY COUNCIL MINUTES 8 OCTOBER 15, 2013 Community Services Director Hylton reported on CVAG Executive Director Tom Kirk's presentation to the Community Services Commission meeting regarding the CV link. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Henderson complimented informative, colorful pie graph included management center sounds exciting. Public Works Director Jonasson on the n his report, and said the new traffic Councilmember Evans received confirmation that the new Play La Quinta website launch is on schedule, and complimented Community Services Director Hylton on the new ads on the site. Councilmember Osborne thanked Public Works Director Jonasson for the work his department is doing by meeting with and providing information to the north La Quinta subdivision residents about the cost of their perimeter landscaping. COUNCILMEMBER FRANKLIN RECUSED HERSELF AND LEFT THE DAIS DUE TO A CONFLICT RESULTING FROM THE PROXIMITY OF HER RESIDENCE TO THE GRIFFIN RANCH PROJECT. COUNCIL RECESSED TO THE SUCCESSOR AGENCY MEETING AT 6:09 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 7:02 P.M. WITH COUNCILMEMBERS EVANS, HENDERSON, OSBORNE PRESENT, AND COUNCILMEMBER FRANKLIN ABSENT. PUBLIC HEARINGS 1. RESOLUTIONS TO APPROVE PLANS TO CONSTRUCT AN APPROXIMATELY 10,000 SQUARE FOOT CLUBHOUSE FOR GRIFFIN RANCH Planning Manager David Sawyer presented the staff report, which is on file in the City Clerk's Office. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:04 p.m. Public Speaker: Paul DePalatis, Director of Planning Services, MSA Consulting, representing the applicant — Mr. DePalatis said that the design for the clubhouse was developed jointly with the homeowners' association so it has their support. The project has also been approved by the City's Architectural and Landscaping Review Board and Planning Commission. Mr. DePalatis requested Council approval of the project amendment. CITY COUNCIL MINUTES 9 OCTOBER 15, 2013 In response to Mayor Adolph, Mr. DePalatis said that the paddock in the original design was an adjacent facility that is no longer there, but they intend to leave the large grassy area next to the clubhouse open so there will be the ability for people to include equestrian activities but it is not the focal point of the community. Public Speaker: Tim Jachlewski, project landscape architect with Insight Landscape Architects — Mr. Jachlewski said that the existing paddock or pasture area with the surrounding horse fence is an existing facility and is located immediately adjacent to the clubhouse. The clubhouse overlooks this pasture. Public Speaker: George Batarick, Griffin Ranch Homeowners' Association (HOA) Board Member — Mr. Batarick said the horse features of the community were always independent of the Griffin Ranch. Originally homeowners with horses would pay additional funds to maintain a horse at the paddock, but the original investor, McComick, sold the land where the stables were going to be located, so that is no longer an option. Mr. Batarick said that there are many stables in the area so people are welcome to use the horse trails and the paddock area next to the clubhouse. Regarding the clubhouse, Mr. Batarick said that Mery Griffin's original concept was a large clubhouse with waiters, but with only 50 residences, growing to only 350, the HOA knew it could not support a full restaurant operation. Mr. Batarick and two other HOA Board Members redesigned the clubhouse making sure they had the right facilities, which are catering facilities, game rooms, and exercise rooms, all of which are very affordable for the current homeowners. Mr. Batarick said that development plans include the option to build an additional 50 homes once the 350 are completed, and HOA members will have the option of expanding the clubhouse at that time. Public Speaker: Randy Schroeder, Senior Project Manager, Lennar Corporation, Inland Region — Mr. Schroeder said that Lennar has entered into an agreement with the landowner IOTA Griffin, LLC and Lennar is now the developer. Lennar is moving forward with replacement of the bonds, which has always been an issue with the City. As soon as IOTA delivers the permit so that Lennar can move forward with construction of the clubhouse, Lennar will take responsibility to take it to fruition, which is anticipated to take about a year from now. In conjunction with that, plans have been submitted to the City to update and get all plans prepared for the completion of the community on the northeast side, which is the sore spot within the area and includes the Avenue 54 area. The plans are already designed by the original architect and are currently with Coachella Valley Water District along with Environmental Health for approval. Once approved, the plans will be submitted to the City. The design emulates the west gate adjacent to Madison Street and will have an identical equestrian access. Mr. Schroeder said that it is Lennar's intent and desire to get the entire community up to a completed state for both marketing purposes and home sales and to help generate that excitement once again for the community. The external improvements will happen CITY COUNCIL MINUTES 10 OCTOBER 15, 2013 simultaneously with the clubhouse construction, which Lennar would like to have opened by the grand opening of a new model complex anticipated for April 2014. Lennar feels it is very important to get the community to a final state, including the east gate, to give it a good presentation from the outside and to get the loop road completed so traffic can be grabbed from all directions. In response to Councilmember Evans, Mr. Schroeder said that he expects the external improvement to be completed before the Goldenvoice festivals next year so there would be no construction or roadblocks at that time. Regarding the saddle club in the southeast area of the community, Mr. Schroeder said that Lennar does not want to disrupt conversations with the landowner IOTA. Lennar is still maintaining all the trails throughout the community with the intent to keep all the trails open in case they can come into play in the future. In response to Councilmember Osborne, Mr. Schroeder said that the improvements along Avenue 54 would extend to where the block wall ends. He added that it is important to Lennar to get security for the community so they intend to isolate the 40 -acre farming operation with a temporary solution. Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:17 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/ Henderson to adopt RESOLUTION 2013 -048 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2004 -074, AMENDMENT 2, FOR THE GRIFFIN RANCH CLUBHOUSE. CASE NO.: SPECIFIC PLAN 2004 -074, AMENDMENT 2. APPLICANT: IOTA GRIFFIN, LLC. Motion passed: ayes 4, noes 0, absent 1 (Franklin) MOTION — A motion was made and seconded by Councilmembers Osborne /Evans to adopt RESOLUTION 2013 -049 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2006 -872, AMENDMENT 1, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR THE GRIFFIN RANCH CLUBHOUSE. CASE NO.: SITE DEVELOPMENT PERMIT 2006 -872, AMENDMENT 1. APPLICANT: IOTA GRIFFIN, LLC Motion passed: ayes 4, noes 0, absent 1 (Franklin) CITY COUNCIL MINUTES 1 l OCTOBER 15, 2013 ADJOURNMENT There being no Councilmembers unanimously. further business, a motion was made and seconded by Henderson /Evans to adjourn at 7:19 p.m. Motion passed Respectfully submitted, SUSAN MAYSELS, ity Clerk City of La Quinta, California CITY COUNCIL MINUTES 12 OCTOBER 15, 2013