2015 09 15 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, SEPTEMBER 15, 2015
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by
Mayor Evans.
PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
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)
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTY: SILVERROCK DEVELOPMENT, LLC.
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR ACQUISITION
AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR
(3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9
(NUMBER OF POTENTIAL CASES: 1)
3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR
(3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER
OF POTENTIAL CASES: 2)
COUNCIL RECESSED TO CLOSED SESSION AT 3:04 P.M.
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL
MEMBERS PRESENT.
CITY COUNCIL MINUTES 1
SEPTEMBER 15, 2015
City Attorney Ihrke reported on the Closed Session with no reportable action on Closed
Session Item Nos. 1 and 3. On Closed Session 2, City Council voted unanimously to
pursue a settlement agreement in connection with a City -issued Notice of Default and
Termination of a Subdivision and Improvement Agreement between the City and
Tradition Club Associates, LLC. The City has already received an offer of settlement by
the Developer's Surety and Indemnity Company for $50,000. The City Attorney will
bring the final agreement back before Council for final approval at a later date.
Councilmember Osborne led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Dr. Ronald Levy, Rancho Mirage — Dr. Levy requested a change to
the tobacco retail licensing ordinance to reflect a minimum age requirement of 21,
rather than 18. He further stated that his colleagues agree with him and pointed out
that age 21 is the minimum requirement to purchase alcohol. Dr. Levy stressed that
this is a public health issue and reiterated the health issues associated with smoking.
He provided a handout and said there is currently a bill in the State Senate to change
the age limit. He requested notification if the City takes action on his request.
PUBLIC SPEAKER: Jason Schneider, La Quinta — Mr. Schneider, the new Chairman of
the La Quinta Chamber of Commerce, provided a Chamber update and highlighted the
new leadership with Interim President, Susie Harvey, who has 40 years of chamber
experience.
CONFIRMATION OF AGENDA
City Manager Spevacek announced that the La Quinta Motorcar dealers would not be
making a presentation.
City Manager Spevacek stated that staff requested Business Item Nos. 2 and 3 be
continued to the October 6, 2015 Council Meeting.
Councilmember Franklin requested Consent Item No. 15 be moved to Business Item
No. 2.
Mayor Evans requested that Consent Item No. 7 be pulled for separate discussion and
vote.
Mayor Evans requested to pull Consent Item No. 12 for comment.
Councilmember Pena announced he will recuse himself from Consent Item No. 13 due
to a conflict of interest (proximity of business property). Mayor Evans requested the
item be pulled for a separate vote.
CITY COUNCIL MINUTES 2
SEPTEMBER 15, 2015
Mayor Evans and Councilmembers concurred on all requested agenda changes.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
Presentation by La Quinta Motorcars was cancelled.
CONSENT CALENDAR
1. MINUTES OF AUGUST 4, 2015
2. APPROVE DEMAND REGISTERS DATED AUGUST 7,14,19, 21 AND 28, 2015
3. RECEIVE AND FILE TREASURER'S REPORTS DATED JUNE 2015
4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED JULY 31,
2015
5. ADOPT A RESOLUTION APPROVING AN AMENDED AND RESTATED
CONVENTION AND VISITORS BUREAU JOINT POWERS AGREEMENT [RESOLUTION
2015-0391
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 528 AMENDING
SECTION 9.150.060 OF THE MUNICIPAL CODE (SPACES REQUIRED BY USE) TO
ALLOW FOR REDUCED NUMBER OF REQUIRED
7. pulled by Mayor Evans for separate discussion and vote>>> APPROVE AMENDED
AND RESTATED EAST VALLEY COALITION MEMORANDUM OF
UNDERSTANDING TO INCLUDE CITY OF COACHELLA AS A MEMBER
8. APPROPRIATE FUNDING AND AWARD CONTRACT TO GRANITE CONSTRUCTION
COMPANY FOR PAVEMENT MANAGEMENT PLAN WASHINGTON STREET
IMPROVEMENTS PROJECT
9. AUTHORIZE SIGNATURE ON AGREEMENT BETWEEN THE BOARD OF
SUPERVISORS OF RIVERSIDE COUNTY AND COACHELLA VALLEY WATER
DISTRICT FOR PURCHASE OF A TAX -DEFAULTED PROPERTY WITHIN THE CITY
OF LA QUINTA
10. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE IMPROVEMENTS
FOR CITRUS EL DORADO LOCATED SOUTH OF AVENUE 50, WEST OF
JEFFERSON STREET [RESOLUTION 2015-0401
11. ADOPT A RESOLUTION ESTABLISHING A SUBMITTAL REQUIREMENTS
BULLETIN AND ELIGIBILITY CHECKLIST FOR EXPEDITED SOLAR
PHOTOVOLTAIC PERMITTING [RESOLUTION 2015-0411
CITY COUNCIL MINUTES 3
SEPTEMBER 15, 2015
12. pulled by Mayor Evans for comment >> ACCEPT ADAMS STREET SIGNAL AND
STREET IMPROVEMENTS PROJECT
13. Councilmember Pena recused himself; pulled for separate vote>> ACCEPT
PERIMETER LANDSCAPING PROJECT COMPLETED ON CITY -OWNED LOTS
LOCATED ON AVENUE 52 BETWEEN DESERT CLUB DRIVE AND AVENIDA
NAVARRO
14. RATIFY PURCHASE OF DAIS TABLETOP FOR COUNCIL CHAMBERS
15. pulled by Councilmember Franklin and moved to Business Session for separate
discussion and vote>> APPROVE ABATEMENT OF LA QUINTA CHAMBER OF
COMMERCE LEASE PAYMENTS FOR SEPTEMBER 2015 TO JUNE 2016
16. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL MAP
ASSOCIATED WITH PARCEL MAP 36921, LOCATED ON THE WEST SIDE OF
ADAMS STREET AND CORPORATE CENTER DRIVE ERESOLUTION 2015-0421
Mayor Evans stated she pulled Consent Item No. 7 for two reasons: wanting to
recognize the City of Coachella for joining the coalition, and a concern over the
termination provision (Section 7.4), wherein either party receives their contribution
back and still receives benefits throughout the year. She asked for a revision or
clarification of this provision. City Attorney Ihrke provided clarification and stated
staff will notify the County and other cities to amend the refund policy as requested by
City Council.
Mr. Ihrke recommended adding a sentence to Section 7.4 which states, "in the event
that a party does not provide the 90 -day notice, then the entire $20,000 lump sum shall
not be refunded."
Mayors Evans pulled Consent Item No. 12 to share several appreciation email and
Facebook comments she received from residents about the traffic circle and signal
improvements and thanked the entire team for the project.
MOTION — A motion was made and seconded by Councilmembers Pena/Radi to amend
and approve Consent Calendar Item Nos. 1-4, 6, 8-9, 12 and 14 as recommended with
Item Nos. 5, 10, 11 and 16 adopting Resolutions 2015-039, 2015-040, 2015-041 and
2015-042 respectively. Motion passed unanimously.
MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to
approve Consent Calendar No. 7 with noted adjustments to the Amended and
Restated Memorandum of Understanding for the East Valley Coalition as
recommended. Motion passed unanimously.
CITY COUNCIL MINUTES 4
SEPTEMBER 15, 2015
MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to
approve Consent Calendar No. 13 as recommended. Motion passed 4-0-1 (Abstain -
Pena due to conflict of interest).
BUSINESS SESSION
1. INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE
MUNICIPAL CODE RELATING TO ANIMALS [ORDINANCE 5301
Animal Code/Compliance Supervisor Moreno presented the staff report, which is on file
in the City Clerk's office.
Councilmembers discussed/commented on: the cost of requiring a $300,000 insurance
policy and that the increase is not excessive; a "bite" should be clearly defined;
requested clerical corrections be made; emphasize that until a dog is rabies
vaccinated, it may not be released or sold; suggest using another term rather than
"destruction" of animal; offer alternative identifiers to mandatory micro chipping; and
require phone numbers and email addresses on license applications.
PUBLIC SPEAKER: Patrick Swarthout, La Quinta — Mr. Swarthout stated that with his
wife's dog bite, the City provided the terms to the dog owner and there was not a
hearing. He believes when there is damage to a human being there should be a
hearing so everyone can provide testimony.
Mayor Evans requested a description of the process, including when a hearing would
be conducted versus no need for a hearing. Mr. Moreno explained the process and
advised that a hearing would occur when a dog is declared vicious. He clarified what
necessitates a mandatory hearing and the opportunity for victim's voice to be heard.
PUBLIC SPEAKER: Lisa Blodgett, La Quinta — Ms. Blogett expressed her concern on who
is making the determination if an animal is vicious or not and disagreed that dog -on -
dog versus dog -on -human attacks be treated the same. Mr. Moreno explained that a
police officer, code enforcement officer, and other City staff make the determination.
PUBLIC SPEAKER: Valerie Masi, Indio — Ms. Massey stated that she feels there are
many areas of the proposed ordinance that need clarification, and has concerns with
backyard breeding, education, training, and the qualifications of the person
determining if an animal is dangerous.
Mayor Evans asked Mr. Moreno about backyard breeding cases, reporting, and codes
that address backyard breeding. He stated that typical reporting comes from
residents or police departments and that the problem is addressed by land use issues
and/or zoning. He added that there are very few cases involving backyard dog
breeding. Mayor Evans requested that staff should define backyard breeding and
codes/zoning associated that can strengthen enforcement.
CITY COUNCIL MINUTES 5
SEPTEMBER 15, 2015
PUBLIC SPEAKER: Deborah Hardy, La Quinta — Ms. Hardy said she feels there are too
many gray areas, such as a bite definition and micro chipping, and that the fine details
are very important and will affect thousands of dogs and people. She said backyard
breeding should be included in revisions with more discussion, saying she personally
knows that it is a big problem in the Cove. Ms. Hardy believes there should be a
committee to review the proposed details of the ordinance and there are several
areas where she feels the language is misleading and not reasonable such as stray
dogs, vicious designation for the life of the dog, and updating ADA licensing
information.
PUBLIC SPEAKER - Lori Carmen of Dream Dogs, Head Trainer — Ms. Carmen, introduced
by Mr. Moreno, said she has been a professional dog trainer/educator for over 20 years
and also teaches dog bite prevention for children. Ms. Carmen stated that the fifth
highest reason that children are seen in emergency rooms is from dog bites. She was
asked by La Quinta Animal Control to speak about how a vicious dog is determined —
she added that education is the key and that each dog should be assessed on a case-
by-case basis. She stressed that circumstances, the environment and even the victim
can play a part in dog bites. Ms. Carmen said they use a standard bite index and
described the various levels.
Councilmembers questioned Ms. Carman on various animal behaviors, the need for
public education on dog behavior, the importance of owner compliance, concern over
dog aggression and prey dogs, and stated that dogs should be on leash.
Council further commented on proposed ordinance language;.if owner is petitioning
for release of a vicious designation after 36 months, require professional assessment
by a certified animal behaviorist at owner's cost; when a dog is declared vicious,
define home impounding versus a shelter; staff was directed to check with the City of
Palm Desert regarding a recent court case defining vicious dogs; and incorporate the
bite level scale.
Council concurred that they are not in a position to pass an ordinance today and
asked staff to report back with additional input and refinement. Staff will alert those
individuals who have asked to be notified when the ordinance is brought back for
further discussion.
PUBLIC SPEAKER - Alan Woodruff, La Quinta — Mr. Woodruff stressed that it is never
about the dog — it is always about the owner. He said that raising pit bulls for fighting
is taboo in the animal lovers' world and thanked Council for postponing the vote.
2. Consent 15. APPROVE ABATEMENT OF LA QUINTA CHAMBER OF COMMERCE
LEASE PAYMENTS FOR SEPTEMBER 2015 TO JUNE 2016
CITY COUNCIL MINUTES 6
SEPTEMBER 15, 2015
Marketing and Events Supervisor Larson introduced Chamber Chairman Schneider to
present this item. Mr. Schneider stated that when the Chamber is thriving, the City is
thriving and they are making big strides, adding that he appreciates the City's
partnership. He related that the payables backlog will be cleared within 45-60 days.
Councilmember Franklin expressed the importance of the Chamber to the City and
businesses and appreciates the struggles they have but does not believe the City
would do this for anyone else with a professional service contract. She said the
Chamber has been out of contract in the past and would agree to defer, but not abate.
Councilmember Osborne mentioned that, as chairman of the chamber five years ago,
they found themselves in the same situation; substantially underwater and the City
was able to help.
Councilmember Radi commented that when a business is going through a difficult
time every bit helps.
Councilmember Pena stated he supports a deferral, not forgiveness, and believes the
Chamber is heading in a positive direction.
Mayor Evans commented on/questioned outstanding accounts receivables, collection
efforts, requesting payment plans with other vendors, monthly expenses, and whether
or not the Gem is profitable. She is not supportive of abatement.
MOTION — A motion was made and seconded by Councilmembers Radi/Franklin to
approve a request to defer payment of rent for the remainder of Fiscal Year 2015/16,
with $8,000 payment due on or before July 30, 2016, and to authorize the City
Manager to execute the Amendment. Motion passed unanimously.
2. Continued to October 6 Council Meeting>>> INTRODUCE AN ORDINANCE
AMENDING, ADDING AND DELETING VARIOUS CHAPTERS OF MUNICIPAL CODE
TITLE 3 RELATING TO REVENUE AND FINANCE [ORDINANCE 000]
3. Continued to October 6 Council Meeting>>> ADOPT FOUR RESOLUTIONS SETTING
POLICIES AND PROCEDURES FOR PURCHASING AND CONTRACTING, DISPOSING
OF SURPLUS GOODS, PROCESSING CLAIMS AGAINST THE CITY, AND APPLYING
FOR AND ACCEPTING GRANTS [RESOLUTIONS 2015-043, 2015-044, 2015-045 AND 2015-
0461
STUDY SESSION
1. SKATE PARK DEVELOPMENT OPTION
Golf, Parks and Facilities Manager Howlett presented the staff report, which is on file in
the City Clerk's Office.
CITY COUNCIL MINUTES 7
SEPTEMBER 15, 2015
Councilmembers discussed/commented on skate park development options: having a
partner/corporate sponsor to build; naming opportunities; noise consideration in
adjoining neighborhood; music; including BMX bikes and hover -boards; research
square footage of similar facilities; and incorporate CV Link. There was a consensus by
Council to move forward with a request for qualifications to ascertain if a private
entity would lease/purchase City site and operate the facility.
2. UPDATE ON WATER REDUCTION STRATEGIES FOR 2015/16
Public Works Director Jonasson, Maintenance Manager Lindsey and Golf, Parks &
Facilities Manager Howlett presented the staff report, which is on file in the City Clerk's
Office.
Councilmembers discussed/commented on the following: explore possibility of tapping
into canal water line near Station 70 (staff will research further); artificial turf - wait to
see what El Nino does before spending millions; City needs to address look of L&L
Districts and revamp in keeping with the City brand; expressed concern over price
differences between Desert Efficient and Desert Oasis landscape design pallets; and
explore more options in using artificial turf at SilverRock.
COUNCILMEMBER PENA LEFT THE MEETING AT 7.00 P.M.
Chris Hermann, of Hermann Design, was called upon to explain the differences in the
two designs; more or less trees and plants, boulders, tree conversion/relocation
expense and turf removal and maintenance; water absorption rates and erosion;
water savings.
Councilmember Radi suggested revisiting neighborhoods in the L&L District to see if
they are willing to contribute so the parkways can be addressed sooner.
Councilmember Franklin stated she has no interest in revisiting this issue with the
neighborhoods; the initial reaction was negative and residents consider it the City's
obligation.
Councilmembers directed staff to move forward on turf conversion to desert scope in
L&L District parkways, prioritizing sections with higher visibility, and further requested
that staff report on: how CIP applies to each phase; if revenue increases may be able
to do more; possible use of artificial turf at SilverRock entry; converting Civic Center
Campus lake to an irrigation lake as a capital project in 2016/17 (dependent on when
CVWD gets the main line in); and prepare a draft request for proposal for design
services and for a landscape architectural firm for on-call landscape services for L&L
District irrigation and landscape conversions.
CITY COUNCIL MINUTES 8
SEPTEMBER 15, 2015
PUBLIC HEARINGS — None
DEPARTMENT REPORTS
Department Reports were received and filed. Copies are available in the City Clerk's
office.
313. SET DATE FOR ANNUAL POLICE VOLUNTEERS' DINNER
Council concurred with holding three mixers throughout the year to honor police
volunteers. The first one will be held on Tuesday, December 8, 2015.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Councilmember Franklin announced that Jim Stenson, of Hadley Villas, passed away
and there will be a memorial service on September 24, 2015. She also declared that
staff did an excellent job on the new roundabout.
Councilmember Osborne questioned if the new bathrooms being built at La Quinta
Park will interfere with the start of soccer season. Deputy Edie Hylton said the project
will be ready for the next soccer season.
Mayor Evans reported that the City will continue accepting applications for the La
Quinta Veteran's Tribute until September 25. She commented that La Quinta had an
excellent candlelight 911 ceremony.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2015, Mayor Evans, reported on her participation in the
following organizations meeting:
• CVAG COACHELLA VALLEY CONSERVATION COMMISSION
CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
La Quinta's representative for 2015, Councilmember Franklin, reported on her
participation in the following organizations meeting:
• COACHELLA VALLEY MOUNTAINS CONSERVANCY
La Quinta's representative for 2015, Councilmember Osborne, reported on his
participation in the following organizations meeting:
• CVAG PUBLIC SAFETY COMMITTEE
La Quinta's representative for 2015, Councilmember Radi, reported on his participation
in the following organizations meeting:
• CVAG TRANSPORTATION COMMITTEE
CITY COUNCIL MINUTES 9
SEPTEMBER 15, 2015
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION
• AD HOC DEVELOPMENT CODE TUNE UP (Pena and Radi)
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Osborne to adjourn at 7:48 p.m. Motion passed; 4-0-1 (Absent -
Pena)
Respectfully submitted,
TERESA THOMPSON, Deputy City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 10
SEPTEMBER 15, 2015