2016 05 17 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, MAY 17, 2016
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 - None
CONFIRMATION OF AGENDA
City Manager Spevacek requested that Business Session Item No. 6 be moved up to
be heard first.
Councilmember Osborne requested that Consent Calendar Item No. 6 be pulled for
discussion and separate vote.
Council concurred.
CLOSED SESSION
1. LABOR NEGOTIATIONS CONFERENCE WITH LABOR NEGOTIATOR, CHRIS
ESCOBEDO, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY
EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION
54957.6 MEET AND CONFER PROCESS
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(d)(1) ALVERIZ ET AL. V. CITY OF LA
QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1503161;
BARTON ET AL. V. CITY OF LA QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR
COURT CASE NO. PSC 1505200
3. 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 COMPANY, LLC.
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR ACQUISITION
AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED
CITY COUNCIL MINUTES 1 MAY 17, 2016
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED
INTO CLOSED SESSION AT 3:03 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL
MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported that no actions were taken on Closed Session Item Nos. 1
and 3 that require reporting pursuant to Government Code section 54957.1 (Brown
Act). Regarding Closed Session Item No. 2, Mr. Ihrke reported that the City Council
unanimously voted to authorize the California Joint Powers Insurance Authority
(CJPIA) to participate in mediation as representatives of the City in the following
cases: Alveriz et al. v. City of La Quinta et al., Riverside County Superior Court Case No.
PSC 1503161 and Barton et al. v. City of La Quinta et al., Riverside County Superior
Court Case No. PSC 1505200.
COUNCILMEMBER PEN LED THE AUDIENCE IN THE PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Connie Koch, La Quinta — Ms. Koch introduced her daughters
Madeline and Lilli Koch who explained their school recycling project and requested
that the City enroll in Burrtec's Organic Food Waste Recycling program.
PUBLIC SPEAKER: Phillip Bettencourt, La Quinta — Mr. Bettencourt noted that he was in
attendance as the Planning Commission's liaison.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS — None
CONSENT CALENDAR
1. APPROVE MINUTES OF MAY 3, 2016
2. APPROVE MINUTES OF APRIL 19, 2016
3. ADOPT ORDINANCE NO. 540 IMPLEMENTING A ONE PERCENT TRANSACTIONS
(SALES) AND USE TAX, SUBJECT TO VOTER APPROVAL
4. ADOPT ORDINANCE NO. 541 AMENDING CHAPTER 11.44 OF THE LA QUINTA
MUNICIPAL CODE TO ENABLE PEACE OFFICERS TO ADMINISTRATIVELY CITE
AND EJECT ONE-TIME AND REPEAT OFFENDERS FROM PUBLIC PARKS AND
RECREATIONAL AREAS
5. APPROVE DEMAND REGISTERS DATED APRIL 28, 29 AND MAY 6, 2016
CITY COUNCIL MINUTES 2 MAY 17, 2016
6. pulled by Councilmember Osborne for discussion and separate vote »> ACCEPT
OFF-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 36883,
WASHINGTON PARK COMMERCIAL DEVELOPMENT, NORTHWEST CORNER OF
WASHINGTON AND AVENUE 47
7. APPROVE QUITCLAIM DEED OF EASEMENT FOR INGRESS AND EGRESS OF
SERVICE AND EMERGENCY VEHICLES ON LOT 1 OF TRACT MAP NO. 28335-R
AND ACCEPT GRANT OF EASEMENT AND AGREEMENT FOR A SEPARATE
EASEMENT FOR THE SAME PURPOSE ON THE SAME PROPERTY ON LOMA VISTA
FROM CASE AND LISA SWENSON
MOTION — A motion was made and seconded by Councilmembers Radi/Franklin to
approve Consent Calendar Item Nos. 1-5 and 7 as recommended. Motion passed
unanimously.
In response to Councilmember Osborne, Design and Development Director Jonasson
said he will provide details regarding the landscaping bond for the project at
Washington Street and Avenue 47.
MOTION — A motion was made and seconded by Councilmembers Osborne/Pena to
approve Consent Calendar Item No. 6 as recommended. Motion passed unanimously.
STUDY SESSION — Part 1
1. PRESENTATION OF PLANS AND DESIGN FOR SILVERROCK RESORT BY
SILVERROCK DEVELOPMENT COMPANY
Robert Green, Principal, SilverRock Development Company and J. Kevin Heinly, AIA,
Principal of Gensler (architectural firm) presented plans for the layout and
architectural direction of the project.
Councilmembers expressed their support for the modern desert design, color pallet,
and orientation of buildings.
BUSINESS SESSION [items reordered at meeting]
6. APPROVE IMPLEMENTATION AGREEMENT AND ASSOCIATED OPTION
AGREEMENT FOR SILVERROCK RESORT
City Economist Jon McMillen presented the staff report, which is on file in the City
Clerk's Office.
City Attorney Ihrke explained that the blank in the document will be filled in with the
final accepted bid amount.
CITY COUNCIL MINUTES 3 MAY 17, 2016
MOTION — A motion was made and seconded by Councilmembers Franklin/Radi to
approve the implementation and option agreements for Silverrock Resort as
recommended. Motion passed unanimously.
1. APPROVE THIRD ROUND COMMUNITY SERVICES GRANT REQUESTS
Community Services Supervisor Calderon presented the staff report, which is on file in
the City Clerk's office.
Councilmembers discussed the balance in the grant fund, and the policy requiring
grantees to spend grant funds by the end of the fiscal year in which the grant is
awarded.
Community Resources Director Escobedo said that staff will re-examine the policy.
MOTION — A motion was made and seconded by Councilmembers Franklin/Pena to
approve a $1,000 grant to the Desert Cancer Foundation as recommended. Motion
passed unanimously.
2. APPROVE REDUCTION OF REGULAR CITY COUNCIL MEETINGS TO ONE PER
MONTH DURING AUGUST AND SEPTEMBER 2016 BY CANCELLING REGULAR
MEETINGS OF AUGUST 16 AND SEPTEMBER 6, 2016
City Clerk Maysels presented the staff report, which is on file in the City Clerk's office.
MOTION — A motion was made and seconded by Councilmembers Franklin/Radi to
approve reduction of regular City Council meetings to one per month during August
and September 2016 by cancelling regular meetings of August 16 and September 6,
2016 as recommended. Motion passed unanimously.
3. ADOPT REVISED RESOLUTIONS RELATED TO CALLING AN ELECTION FOR A
MEASURE/ORDINANCE ASKING THE CITY'S QUALIFIED ELECTORS TO APPROVE
A ONE PERCENT TRANSACTIONS (SALES) AND USE TAX [RESOLUTIONS 2016-
015, 2016-016 and 2016-017]
City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office.
Councilmembers made minor edits to the ballot question which staff will make in the
three resolutions before submission to the County Registrar of Voters.
MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin to
adopt revised resolutions, as edited, related to calling an election for a
measure/ordinance asking the City's qualified electors to approve a one percent
transactions and use tax as recommended. Motion passed unanimously.
CITY COUNCIL MINUTES 4 MAY 17, 2016
4. RECEIVE AND FILE DRAFT IMPARTIAL ANALYSIS BY CITY ATTORNEY FOR ONE -
PERCENT TRANSACTIONS (SALES) AND USE TAX MEASURE
City Attorney Ihrlke presented the staff report, which is on file in the City Clerk's office
Councilmembers discussed the clarity and contents of the analysis.
MOTION — A motion was made and seconded by Councilmembers Radi/Franklin to
receive and file a draft impartial analysis by the City Attorney for the one -percent
transactions and use tax measure. Motion passed unanimously.
MAYOR EVANS PERMITTED A LATE SPEAKER ON CONSENT CALENDAR ITEM NO. 4
PUBLIC SPEAKER: Christine Bieger — Ms. Bieger spoke in opposition to Ordinance 541
stating that it gives law enforcement blanket permission to cite and eject skaters.
5. APPROVE SILVERROCK RESORT 2016/17 ANNUAL PLAN WHICH INCLUDES THE
PURCHASE OF NEW MAINTENANCE EQUIPMENT FROM THE SILVERROCK
CAPITAL RESERVES
Facilities Director Howlett presented the staff report, which is on file in the City Clerk's
Office.
Councilmembers discussed the number of rounds annually; the average time to
complete rounds; water conservation, use of canal water, turf reduction, and the
increase in water costs; the number of resident cards issued; equipment purchase and
trade in; the addition of foot golf, which will bring new users and additional revenue,
and; the effective use of marketing funds.
MOTION — A motion was made and seconded by Councilmembers Radi/Franklin to
approve Silverrock Resort 2016/17 annual plan as recommended, which includes the
purchase of new maintenance equipment from the Silverrock capital reserves. Motion
passed unanimously.
MAYOR EVANS RECESSED THE MEETING FOR A 15 MINUTE BREAK
MAYOR EVANS RECONVENED THE MEETING AT 6:19 P.M. WITH ALL MEMBERS PRESENT
Community Resources Manager Larson introduced new employee Marcie Graham,
who will hold the position of Marketing and Events Supervisor.
STUDY SESSION — Part 2
2. FISCAL YEAR 2016/17 PROPOSED BUDGET
City Manager Spevacek, Finance Director Conrad, and Accounting Manager Campos,
presented the staff report, which is on file in the City Clerk's office.
CITY COUNCIL MINUTES 5 MAY 17, 2016
Councilmembers discussed the projected deficit; protecting City revenues from the
State; Council opposition to State collecting and passing -through transient occupancy
taxes (TOT); phasing in fees at the full cost recovery level; cost effectiveness of
employee retention versus recruitment; requirements for renters to obtain short term
vacation rental permits; effect of reducing police patrol hours; restructuring the fee for
appeals; Public Employees' Retirement System payback balance; earmarking the
annual loan repayment for capital projects; the growth of the fire services budget
outpacing the growth of the dedicated tax revenue set to cover it; the timeline for
examining the Chamber of Commerce and the La Quinta Arts Foundation budgets; the
long-term consequences of rising police and fire costs.
COUNCILMEMBER PENA LEFT THE MEETING AT 6:52 P.M.
Councilmember Osborne requested a report from the City's lobbyist firm on the status
of the proposal that the State assume from cities the collection and distribution of
TOT.
PUBLIC HEARINGS
1. ADOPT RESOLUTION APPROVING FISCAL YEAR 2016/17 THROUGH 2020/21
CAPITAL IMPROVEMENT PROGRAM [RESOLUTION 2016-018]
Principal Engineer Wimmer presented the staff report, which is on file in the City
Clerk's office.
Councilmembers discussed roundabout locations, design and benefits; Fritz Burns pool
operation, and; the widening of Madison Street.
Mayor Evans declared the PUBLIC HEARING OPEN at 7:44 p.m.
PUBLIC SPEAKER: Allen Janisch of Toll Brothers — Mr. Janisch urged the Council to
reimburse Toll Brothers for the street and median improvements they completed
when they developed the Madison Club.
Mayor Evans declared the PUBLIC HEARING CLOSED at 7:52 p.m.
City Manager Spevacek said that staff will provide a schedule of pending developer
reimbursements along with payment options.
MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to
adopt RESOLUTION 2016-018 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING THE FISCAL YEAR 2016/2017 THROUGH 2020/2021 CAPITAL
IMPROVEMENT PROGRAM
Motion passed: ayes 4, noes 0, absent 1 (Pena)
CITY COUNCIL MINUTES 6 MAY 17, 2016
DEPARTMENT REPORTS
All reports are on file in the City Clerk's Office.
City Attorney Ihrke summarized his report on the City's ability to apply existing TOT
rates to resort fees.
City Clerk Maysels provided deadline dates for the submittal of primary ballot
arguments and rebuttal arguments for or against a measure.
Planning Manager Perez reported on the additional concert scheduled by
Goldenvoice in the Fall.
MAYOR'S AND COUNCIL MEMBER'S ITEMS — None
REPORTS AND INFORMATIONAL
La Quinta's representative for 2016, Mayor Evans reported on her participation in the
following organizations meeting:
CVAG COACHELLA VALLEY CONSERVATION COMMISSION
CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU
LEAGUE OF CALIFORNIA CITIES DELEGATE
SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS
La Quinta's representative for 2016, Councilmember Franklin reported on her
participation in the following organization meeting:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY
SUNLINE TRANSIT AGENCY
La Quinta's representative for 2016, Councilmember Osborne reported on his
participation in the following organizations meeting:
CVAG PUBLIC SAFETY COMMITTEE
La Quinta's representative for 2016, Councilmember Radi reported on his participation
in the following organization meeting:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Franklin/Radi to adjourn at 8:30 p.m.
Motion passed: ayes 4, noes 0, absent 1 (Pena).
CITY COUNCIL MINUTES 7 MAY 17, 2016