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2014 10 07 CC MinutesCITY COUNCIL MINUTES TUESDAY, OCTOBER 7, 2014 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 ON MATTERS NOT ON AGENDA - None CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNS: 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). AGENCY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: JOHN GAMLIN, MERIWETHER COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR ACQUISITION AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED COUNCIL RECESSED TO CLOSED SESSION AT 3:02 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN INCLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.9 (BROWN ACT). Mayor Adolph led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Valerie Ritchey, La Quinta — Ms. Ritchey expressed concern for better traffic control on Avenida Bermudas and said that since the roundabout was installed on Eisenhower Drive, the situation has worsened. Ms. Ritchey urged the Council to consider enhanced traffic control methods on Avenida Bermudas. CITY COUNCIL MINUTES 1 OCTOBER 7, 2014 Public Works Director Jonasson provided background on improvements and speed reduction control methods utilized. Staff can revisit striping and other methods if Council so directs. He explained there is a state requirement for the City to conduct a speed survey every 5-7 years and speed limits are set based on those results. PUBLIC SPEAKER: Stephanie Stinson, La Quinta — Ms. Stinson remarked on excessive speeding on Avenida Bermudas. She stated the reduced speed limit has not helped and feels it is still a very unsafe situation. PUBLIC SPEAKER: Bob Horn, Palm Desert — Mr. Horn re -requested grant funds to assist with his non-profit organization's new facility opening in the Palm Desert mall. PUBLIC SPEAKER: Allen Worthy, homeless — Mr. Worthy explained that he is asking the Palm Springs City Attorney and the Police Chief to resign for what he perceives as malfeasance. PUBLIC SPEAKER: John Pena, La Quinta — Mr. Pena asked Council to address his letter regarding low interest loans and options for flood victims. CONFIRMATION OF AGENDA City Manager Spevacek announced that the Study Session regarding the September 8, 2014 storm event will begin at 4:30 p.m. Councilmember Evans asked to pull Consent Item No. 16 and move it to Business No. 5 for discussion. Council concurred. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. THE DESERT SANDS EDUCATIONAL FOUNDATION — WALK FOR EDUCATION ON NOVEMBER 2, 2014 Bob Wright and several members from the Desert Sands Education Foundation spoke to promote the upcoming 2nd Annual Hike 4 Education, a fundraiser by the Desert Sands Education Foundation in support of technology in the classroom. 2. PRESENTATION OF A PROCLAMATION IN HONOR OF FIRE PREVENTION WEEK Mayor Adolph, on behalf of the City Council, presented a proclamation to CalFire Battalion Chief Jodie Gray. CITY COUNCIL MINUTES 2 OCTOBER 7, 2014 CONSENT CALENDAR 1. APPROVE MINUTES OF SEPTEMBER 16, 2014 2. AUTHORIZE OVERNIGHT TRAVEL FOR COMMUNITY SERVICES SUPERVISOR TO ATTEND SECOND YEAR OF MAINTENANCE MANAGEMENT SCHOOL NOVEMBER 3-7, 2014 IN LAKE ARROWHEAD, CALIFORNIA 3. AUTHORIZE OVERNIGHT TRAVEL FOR THE HUMAN RESOURCES/ RISK MANAGER AND EXECUTIVE ASSISTANT TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL EDUCATIONAL FORUM OCTOBER 28-31, 2014 IN SANTA BARBARA, CALIFORNIA 4. AUTHORIZE OVERNIGHT TRAVEL FOR EXECUTIVE ASSISTANT AND PERMIT OPERATIONS SUPERVISOR TO ATTEND CALIFORNIA CITY CLERK'S ASSOCIATION NUTS AND BOLTS WORKSHOP OCTOBER 16-17, 2014, IN BREA, CALIFORNIA 5. AUTHORIZE OVERNIGHT TRAVEL FOR PERMIT OPERATIONS SUPERVISOR TO ATTEND THE 2014 CRW SYSTEMS USER CONFERENCE OCTOBER 22- 24, 2014, IN SAN DIEGO, CALIFORNIA 6. DENIAL OF CLAIM FOR DAMAGES FILED BY: ADRIAN JIMENEZ: DATE OF LOSS - AUGUST 12, 2014 7. DENIAL OF CLAIM FOR DAMAGES FILED BY: VANESSA PARTIDA: DATE OF LOSS - APRIL 2, 2014 8. EXCUSE MEETING ABSENCES FOR COMMUNITY SERVICES COMMISSIONER BLAKELEY AND INVESTMENT ADVISORY BOARD MEMBER SPIRTOS 9. APPROVE DEMAND REGISTERS DATED AUGUST 25 AND 29 AND SEPTEMBER 5, 12, 19, 22 AND 26, 2014 10. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE IMPROVEMENTS FOR TRACT MAP NO. 33336, PALO VERDE II [RESOLUTION 2014-057] 11. ACCEPT ON-SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 29963, CORAL MOUNTAIN COURT CITY COUNCIL MINUTES 3 OCTOBER 7, 2014 12. APPROVE CIVIC CENTER CAMPUS VETERANS ACKNOWLEDGEMENT AREA APPLICATIONS 13. ACCEPT PHASE I PAVEMENT MANAGEMENT PLAN STREET IMPROVEMENTS PROJECT 14. ACCEPT SPORTS COMPLEX FIELD LIGHTING REHABILITATION AND EXPANSION IMPROVEMENTS 15. ACCEPT PHASE II OF AMERICANS WITH DISABILITIES ACT MISCELLANEOUS PUBLIC FACILITY IMPROVEMENTS PROJECT 16. pulled by Councilmember Evans and moved to Business Session for discussion > > > APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP, LLC FOR STAFF DEVELOPMENT SERVICES MOTION — A motion was made and seconded by Councilmembers Franklin/Evans to approve Consent Calendar Item Nos. 1-15 as recommended with Item No. 10 adopting Resolution 2014-057. Motion passed unanimously. STUDY SESSION ITEMS MOVED UP TO BE HEARD A T 4:30 P.M. STUDY SESSION 1. DISCUSS SEPTEMBER 8, 2014 STORM EVENT AND OPTIONS FOR REDUCING FUTURE FLOOD DAMAGE Public Works Director Jonasson and Chris Escobedo, Assistant to City Manager, presented the staff report, which is on file in the City Clerk's office. Councilmembers discussed: expected response time from State and County to La Quinta's request to declare emergency; providing details on how to apply for Small Business Association (SBA) assistance on City website; designation of storm magnitude for future preparation and design; prioritizing solutions for future flood damage with Council consensus for life/safety first, pursuing grant funding for the Avenue 50 bridge project, and drainage systems on Eisenhower/Coachella/Evacuation Channel, and Tampico/Rondo/Avenue 52/SilverRock, with said drainage improvements estimated at $33 million with a potential estimate of $20 million to come from reserves; consideration of utilizing experts from Phoenix area where monsoons are a regular occurrence; collaborating on newly entitled projects regarding retention/drainage; reviewing future development hydrology; investigating requirements of newly enacted State legislation permitting creation of an agency for infrastructure projects only — a CITY COUNCIL MINUTES 4 OCTOBER 7, 2014 funding possibility; getting Ygrene program broadened; reviewing Psomas Engineering report completed 10 years ago. PUBLIC SPEAKER: John Pena, La Quinta — Mr. Pena stated time is of the essence because many people are living with bare floors and walls while waiting for financial assistance. SBA process will be long and maybe the City can get involved in low-interest loans to residents for immediate assistance. PUBLIC SPEAKER: Andy Vossler, La Quinta — Mr. Vossler shared his historical knowledge about Oleander Reservoir, saying it was designed to receive a specific amount of water that is evacuated through the channel. Mr. Vossler suggested a study to see if the reservoir is still holding water and if there is a way to evacuate it faster. He feels the City should collaborate with CVAG, CVWD, and Riverside County. PUBLIC SPEAKER: Florene Fields, La Quinta — Ms. Fields stated she lives in Laguna de la Paz and experienced extensive damage during the storm due to her neighbor's property being higher than hers. The HOA will- not get involved. She is seeking the City's assistance in helping her protect her home. Councilmember Henderson stated that City staff will take her concerns under consideration and get back to her. PUBLIC SPEAKER: John Flowers, retired attorney — Mr. Flowers had many questions regarding liability when the natural flow of water is altered — including who is responsible. PUBLIC SPEAKER: Wells Marvin, La Quinta — Mr. Wells commended Mr. Jonasson's thorough report; however, he feels there is a lack of outrage over the storm event. He suggests the City get independent engineers to provide a second opinion and concentrate on the infrastructure and storm water system. 2. OVERVIEW OF SILVERROCK PURCHASE AGREEMENT BUSINESS TERMS WITH MERIWETHER AND THE ROBERT GREEN COMPANY Chris Escobedo, Assistant to City Manager, and Jon McMillen of Tall Man Group, the City's economic and real estate consultant, presented the staff report, which is on file in the City Clerk's office. PUBLIC SPEAKER: Robert Radi, La Quinta — Mr. Radi spoke in favor of this project due to its flexibility, diversity and the self -generating subsidy proposed. PUBLIC SPEAKER: Patrick Swarthout, La Quinta — Mr. Swarthout spoke in support of the project, impressed with negotiations results, protections in place and developer selection process. He said the state can mess with property and sales CITY COUNCIL MINUTES 5 OCTOBER 7, 2014 tax but not with transient occupancy tax. He expressed his concern for the future entrance off Jefferson Street and suggested edible plantings that display the history of the Coachella Valley. PUBLIC SPEAKER: Kay Wolff, La Quinta — Ms. Wolff would like to see the Arts Festival accommodated because it's growing in attendance, prestige and sales. The current space available has shrunk due to the senior center expansion and parking will be reduced when multi -use development is built. She noted that the Meriwether plan does not mention a future spot for the festival. Ms. Wolff expressed her concern for the future of the festival and stated it is a point of pride for all residents. PUBLIC SPEAKER: Gerri Lynch, Embassy Suites Manager — Ms. Lynch stated her support for the project; however, she asked that Council take into consideration the TOT rebates that are being offered before finalizing the project. She stated the Embassy Suites and The Homewood were given a five-year term and only one million dollars. She feels $20 million is excessive and tying it to their return on investment gives the developer an open checkbook. Councilmembers discussed and commented on: a rebate to the developer only occurring when revenue is generated; developer making huge investment of $361 million; projections of $6 million a year after the TOT rebates end; reasons for selecting the 17th hole area for the boutique hotel; Council's purchase of property for future stability of City and the 10 -year struggle to correctly develop SilverRock; development affecting all businesses in City; project both inclusive and exclusive and since it was bought with tax payer money, everyone should benefit; designing a water sensitive project — discussion with CVWD to take place; concern on maintaining and/or protecting affordable/accessible golf times for residents — priority for residents; currently 30% of total rounds at SilverRock are used by residents; residents will be proud of this development. City Manager Spevacek stated that in January, staff will begin a public discussion with Council and the community on how to fund the public golf operations and pay for the new clubhouse. He further commented that funds will not be spent on an analysis until there is an approved project. BUSINESS SESSION 1. APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS Community Services Supervisor Ambriz presented the staff report, which is on file in the City Clerk's Office. CITY COUNCIL MINUTES 6 OCTOBER 7, 2014 Councilmember Evans, as an ad hoc committee member, explained the process and criteria for the program. She also emphasized that the recipients must provide a direct benefit to the City. Councilmember Henderson announced that she is not in favor of this program and will vote against. MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin to approve first round of community services grants and funding requests as recommended. Motion passed 4-1 (Henderson — no) 2. INTERVIEWS AND APPOINTMENTS TO THE HISTORIC PRESERVATION AND HOUSING COMMISSIONS City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office. She stated that three applicants have withdrawn their applications; De Karlen, J. Richard Tompkins. Interviews were conducted. HOUSING COMMISSION (one vacancy) • Lynne Joy Rogers MOTION — A motion was made and seconded by Councilmembers Osborne/Evans to appoint Lynne Joy Rogers to the Housing Commission. Motion passed unanimously. HISTORIC PRESERVATION COMMISSION (one vacancy, non-professional) The following applicants gave a brief presentation on their qualifications: • Dale Ortmann • Linda Williams • Ghuek Dh6II43c. (not present) • PatFicia Pyle (withdrew) Clerk Maysels collected, tabulated and announced the votes as follows: Mayor Adolph: Williams Councilmember Evans: Williams Councilmember Franklin: Ortmann Councilmember Henderson: Williams Councilmember Osborne: Williams MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to appoint Linda Williams to the Historic Preservation Commission. Motion passed unanimously. CITY COUNCIL MINUTES 7 OCTOBER 7, 2014 3. APPOINT A MEMBER TO THE DESERT CLASSIC CHARITIES CHARITY EVALUATION COMMITTEE Deputy City Manager Hylton presented the staff report, which is on file in the City Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Franklin/Evans to continue the Desert Classic Charities Charity Evaluation Committee appointment to the December 2, 2014 Council meeting. Motion passed unanimously. 4. APPROVE AN APPROPRIATION FOR YMCA FACILITY IMPROVEMENTS. Golf, Parks and Facilities Manager Howlett 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 an appropriation for the YMCA facility improvements as recommended. Motion passed unanimously. 5. Consent Calendar Item No. 16 pulled by Councilmember Evans and moved to Business Session for discussion > > > APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP, LLC FOR STAFF DEVELOPMENT SERVICES Councilmember Evans proposed reducing the term to three years with a $50,000 cap for Fiscal Year 2014/15. City Manager Spevacek presented the staff report and explained the services to be provided by Henson Consulting Group. MOTION — A motion was made and seconded by Councilmembers Osborne/Evans to approve a professional services agreement with Henson Consulting Group, LLC for a term of three years, and a not -to -exceed amount of $50,000 for Fiscal Year 2014/2015. COUNCILMEMBER HENDERSON LEFT THE MEETING AT 7:40 P.M. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2014, Councilmember Osborne reported on his participation in the following organizations meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE CITY COUNCIL MINUTES 8 OCTOBER 7, 2014 La Quinta's representative for 2014, Mayor Adolph reported on his participation in the following organizations meeting: • CVAG EXECUTIVE COMMITTEE • SUNLINE TRANSIT AGENCY DEPARTMENT REPORTS Department Reports were received and filed. Copies are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBER'S ITEMS — None PUBLIC HEARINGS — None ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Osborne/Franklin to adjourn at 7:46 p.m. Motion passed 4-0-1 (Henderson absent). Respectfully submitted, TERESA THOMPSON, Deputy City Clerk City of La Quinta, California CITY COUNCIL MINUTES 9 OCTOBER 7, 2014