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2016 08 02 CC MinutesCITY COUNCIL MINUTES TUESDAY, AUGUST 2. 2016 A regular meeting of the La Quinta City Council was called to order at 4:00 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None CONFIRMATION OF AGENDA • City Manager Spevacek noted two changes: (1) Business Item No. 1, the City Clerk and City Attorney have handed out revisions to the ordinance, and (2) Business Item No. 2, the bids were received after the agenda packet was distributed so a supplemental report has been handed out with a contractor selection recommendation. • Councilmember Pena asked that Consent Calendar Item No. 9 be pulled for a separate vote because he has a potential conflict of interest due to the proximity of the parking areas to his property. • Councilmember Franklin asked that Consent Calendar Item No. 15 be pulled for a separate vote because she has a potential conflict of interest due to the proximity of this development to her property. • Mayor Evans, Councilmembers Peria and Radi, and City Manager Spevacek announced that they will recuse themselves from discussion and vote on Business Item No. 2 due to a potential conflict of interest resulting from the proximity of this street improvement project to their properties. • Mayor Evans announced that she will recuse herself from discussion on Study Session Item No. 1 (regarding the Coachella Valley Economic Partnership (CVEP)) because she may have a conflict of interest due to a business relationship - namely, her supervisor at JFK Memorial Hospital is the Chairman of the CVEP Board of Directors. • Councilmember Osborne announced that he will recuse himself from discussion on Study Session Item No. 1 due to a conflict of interest resulting from his business relationship with the CVEP, which is a client of his firm. CLOSED SESSION - None COUNCILMEMBER RADI LED THE AUDIENCE IN THE PLEDGE OF ALLEGIANCE. CITY COUNCIL MINUTES 1 AUGUST 2, 2016 7 PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Tammy Martin, Executive Director, Friends of the Desert Mountains - Ms. Martin provided information on the organization and their event scheduled for November 19, 2016. PUBLIC SPEAKER: Phillip Bettencourt, La Quinta - Mr. Bettencourt, Planning Commission Chairperson, explained that he was the liaison to Council from the Planning Commission, and that Commissioners are citizen soldiers for the City who believe in the long-range purpose of the Silverrock development. ANNOUNCEMENTS. PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION FOR NATIONAL PREPAREDNESS MONTH -SEPTEMBER 2016 Mayor Evans presented the proclamation to Alexander Johnson, Emergency Operations Coordinator, declaring September 2016 as National Preparedness Month. CONSENT CALENDAR 1. APPROVE MINUTES OF JULY 19, 2016 2. EXCUSE ABSENCE FOR PLANNING COMMISSIONER FITZPATRICK FROM THE AUGUST 9, 2016 PLANNING COMMISSION MEETING 3. AUTHORIZE OVERNIGHT TRAVEL FOR THE PERMIT OPERATIONS SUPERVISOR TO ATTEND TRAKIT SOFTWARE TRAINING, SEPTEMBER 19 - 20, 2016, IN CARLSBAD, CALIFORNIA 4. AUTHORIZE TRAVEL FOR THE DESIGN AND DEVELOPMENT DIRECTOR / CITY ENGINEER TO ATTEND THE FLOODPLAIN MANAGEMENT ASSOCIATION ANNUAL CONFERENCE ON SEPTEMBER 8, 2016, IN SACRAMENTO, CALIFORNIA 5. APPROVE DEMAND REGISTERS DATED JULY 11, JULY 15, AND JULY 22, 2016 6. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION [RESOLUTION NO. 2016-032] 7. ADOPT RESOLUTION TO APPROVE BENEFIT ADJUSTMENTS FOR MANAGEMENT, CONTRACT EMPLOYEES, AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2016-033] 8. ADOPT ORDINANCE NO. 542 AMENDING SECTION 3.25.060(B) OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE APPLICATION FEE FOR SHORT- TERM VACATION RENTAL PERMITS CITY COUNCIL MINUTES 2 AUGUST 2, 2016 8 9. pulled by Councilmember Pena for a separate vote due to a possible conflict of interest based on the proximity of his property to affected parking spaces »> ADOPT ORDINANCE NO. 543 APPROVING ZONING ORDINANCE AMENDMENT 2016-0003, EXTENDING TIME LIMITS FOR AMENDMENTS TO SECTION 9.150.060 OF THE LA QUINTA MUNICIPAL CODE (SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED NUMBER OF REQUIRED PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT, AND CONFIRM A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15061(B)(3) REVIEW OF EXEMPTIONS - GENERAL RULE 10. ADOPT ORDINANCE NO. 544 AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE 11. APPROVE SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR SHAATH & OUDEH GROUP, INC. V. CITY OF LA QUINTA; GRANITE CONSTRUCTION COMPANY, ET AL, RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1404174 12. APPROVE PURCHASE OF EQUIPMENT FROM ECONOLITE GROUP INC. FOR VEHICLE VIDEO DETECTION AT SIX TRAFFIC SIGNALS 13. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE LA QUINTA SQUARE COMMERCIAL DEVELOPMENT (PARCEL MAP NO. 36791) LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND SIMON DRIVE 14. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE ESPLANADE RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 29323-1 AND 29323-4) LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET 15. pulled by Councilmember Franklin for a separate vote due to a possible conflict of interest based on the proximity of her property to this project »> APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT FOR THE ON-SITE AND OFF-SITE IMPROVEMENTS FOR TRACT MAP NO. 31732, AMENDMENT NO. 2, AND AMENDED TRACT MAP NO. 31733 FOR THE BELLASENO RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE STREET 16. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE AND ADVERTISE THE POINT HAPPY AND ROUDEL DRAINAGE IMPROVEMENTS PROJECTS 17. AWARD CONTRACT TO URBAN HABITAT ENVIRONMENTAL LANDSCAPES FOR CONSTRUCTION OF NORTH LA QUINTA PARKWAY TURF CONVERSION CITY COUNCIL MINUTES 3 AUGUST 2, 2016 9 IMPROVEMENTS, LOCATED ALONG PORTIONS OF WASHINGTON STREET AND VIA SEVILLA - PHASE 1 (DEL ORO) 18. AWARD CONTRACT TO R.E. SHULTZ CONSTRUCTION, INC. FOR INSTALLATION OF PLAYGROUND EQUIPMENT AT VELASCO, EISENHOWER, AND SAGUARO PARKS FOR MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT 19. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. TO PROVIDE ON-CALL DEVELOPMENT PLAN CHECK SERVICES 20. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR FEASIBILITY STUDY, PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR EISENHOWER DRAINAGE IMPROVEMENTS 21. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE WASHINGTON STREET DRAINAGE IMPROVEMENTS 22. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH SIGMANET, INC. FOR 2016/17 MANAGED INFORMATION TECHNOLOGY SERVICES 23. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE THE COVE OASIS TRAILHEAD IMPROVEMENTS 24. ADOPT RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AND PUBLIC SERVICE FUNDS FOR BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY- LA QUINTA UNIT [RESOLUTION NO. 2016-034] 25. APPROVE AMENDMENT FOUR TO AB 2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM, THROUGH JUNE 30, 2020 MOTION - A motion was made and seconded by Councilmembers Pena/Radi to approve Consent Calendar Item Nos. 1-8, 10-14 and 16-25 as recommended, with Item Nos. 6 and 7 adopting Resolution Nos. 2016-032 and 2016-033 respectively. Motion passed unanimously. Councilmember Radi suggested establishing an ad hoc committee to explore how cameras could be used to enhance public safety in areas with limited entrances/exits. CITY COUNCIL MINUTES 4 AUGUST 2, 2016 10 He explained that the make-up of the committee could be one or two councilmembers and police and city staff. Council concurred and Councilmember Radi volunteered to be a member of the committee. Councilmember Radi explained the benefits of the projects and contracts being approved (Item Nos. 17, 20, 21, 22 and 23). MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to approve Consent Calendar Item No. 9 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Pena) MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to approve Consent Calendar Item No. 15 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Franklin) BUSINESS SESSION 1. INTRODUCE ORDINANCE NO. 545 AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO CONFLICT OF INTEREST CODE, AND APPROVE THE CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION'S 2016 LOCAL AGENCY BIENNIAL NOTICE [ORDINANCE NO. 545] City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office, and explained that redundant text was deleted from Section 2.060.020 regarding disclosure exceptions for consultants. Councilmembers discussed the purpose of the conflict of interest ordinance; the reason for deleting text that reiterated State law;; how it is determined to name positions in the Code; how new employees are required to file Statements of Economic Interest, and; assigning the City Attorney to prepare responses to citizens' requests for information on this Code section. MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to take up Ordinance No. 545 as amended by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 545 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to introduce at first reading Ordinance No. 542 as amended. Motion passed unanimously. CITY COUNCIL MINUTES 5 AUGUST 2,2016 11 MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to approve and accept the California Fair Political Practices Commission's 2016 Local Agency Biennial Notice. Motion passed unanimously. 2. AWARD CONTRACT FOR CONSTRUCTION OF PAVEMENT MANAGEMENT PLAN IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE City Attorney Ihrke explained that three of the five Members of Council have potential conflicts of interest.. Mr. Ihrke said that the California Fair Political Practices Commission (FPPC) has a procedure for this circumstance whereby one of the three Members can be required to participate out of legal necessity, i.e. to create a quorum for action. Each Member identified their potential conflict as follows: Mayor Evans: proximity to property owned on Eisenhower Drive Councilmember Pena: proximity to property owned on Avenida Navarro Councilmember Radi: proximity to property owned on Avenida Navarro and Eisenhower Drive City Attorney Ihrke announced that City Manager Spevacek also has a potential conflict of interest due to the proximity of the project to his property. MAYOR EVANS, COUNCILMEMBERS PENA AND RADI AND CITY MANAGER SPEVACEK LEFT THE DAIS. COUNCILMEMBER FRANKLIN ASSUMED THE POSITION OF PRESIDING OFFICER City Attorney Ihrke explained FPPC regulation 18705 which requires one of the three conflicted Members names to be selected at random to join the discussion and vote on the matter. He said that the City Clerk will select one of the names at random from a bowl. City Clerk Maysels selected the name Mayor Evans at random from the bowl containing all three names. MAYOR EVANS RETURNED TO THE DAIS City Attorney Ihrke explained that the legal basis for randomly selecting a Member to participate is to create a quorum of the Council because it cannot legally conduct official business without a quorum of three Members. He stated that Mayor Evans' potential conflict stems from FPPC regulation 18702.2(a)(12) given that her primary residence is just over 500 feet from a portion of this street improvement project so there is a potential that Council's decision may have an effect on the market value of her property. CITY COUNCIL MINUTES 6 AUGUST 2, 2016 12 MAYOR EVANS RESUMED DUTIES AS PRESIDING OFFICER OF THE MEETING Principal Engineer Ed Wimmer presented the staff report, which is on file in the City Clerk's Office. Mr. Wimmer noted that since the agenda was released, bids for the project were opened, so selection of the lowest responsive bidder is also recommended as part of the action as identified in the supplemental staff report. Councilmembers discussed adding a bike lane to Eisenhower Drive based on a citizen's suggestion; preparing bike lanes for eventual CVlink; bike lanes and parking at the top of the cove, and; sight distances at corners. MOTION - A motion was made and seconded by Councilmembers Osborne/Franklin to award a contract to All American Asphalt for construction of pavement management plan improvements on Avenue Bermudas and Eisenhower Drive as recommended including the addition of a bike lane on Eisenhower Drive from Fernando to Washington Street. Motion passed: ayes 3 (Evans, Franklin, Osborne), noes 0, absent 2 (Pena, Radi) STUDY SESSION 1. DISCUSS RE -JOINING THE COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) Councilmember Osborne announced that he has a potential conflict of interest on this matter as stated earlier in the meeting due to a business relationship, i.e. CVEP is a client of his firm. Mayor Evans announced that she may have a conflict of interest due to a business relationship - namely, her supervisor at JFK Memorial Hospital is the Chairman of the CVEP Board of Directors. MAYOR EVANS AND COUNCILMEMBER OSBORNE LEFT THE DAIS MAYOR PRO TEM PENA ASSUMED THE POSITION OF PRESIDING OFFICER FOR THIS ITEM City Manager Spevacek presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed progress made by CVEP since La Quinta was a member; how CVEP used La Quinta's financial contributions; disappointments in CVEP's results; concerns with CVEP leadership; inability to get clear information on how return -on - investment (ROI) figures are derived; separation of scholarship program from the organization and ROI figures; rejoining at a reduced contribution to see if organization has changed, and; necessity for all cities to participate. CITY COUNCIL MINUTES 7 AUGUST 2, 2016 13 Councilmembers directed staff to place this matter on the September agenda as an action item, and to invite Mr. Wallace of CVEP to make a presentation detailing how renewing membership would benefit La Quinta. PUBLIC HEARINGS - 5:04 p.m. 1. CONTINUED FROM JULY 19, 2016 - ADOPT RESOLUTION TO UPDATE CITY'S USER AND REGULATORY FEE SCHEDULE BASED ON 2016 COST OF SERVICE STUDY Consultant Terry Madsen of ClearSource Financial presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the proposed General Plan surcharge; fee for filing appeals at every level of the appeal process; low cost recovery by most cities on appeal fees; adding a General Plan maintenance fee as do three Valley cities and other cities moving toward this action; the need for fees to be reasonable and logical; increasing fee by the consumer price index annually; instituting a technology fee and segregating the revenue for improvements; the difference between the one year and three year NPDES fees; Mayor Evans declared the PUBLIC HEARING OPEN at 5:42 p.m. PUBLIC SPEAKER: Gretchen Gutierrez, Desert Valley Builders' Association - Ms. Gutierrez handed out a written response to the Council in support of phasing in fees at the full cost recovery level (it has been included in the agenda packet). She added that appeal fees should be paid by the Appellant, not the project Applicant. In response to Councilmember questions, Ms. Gutierrez said that there is a difference in the quality of General Plans by varying cities and that investment is more likely in cities with the higher quality General Plans. She said that although the fee is not huge, it should not be on the backs of those planning new construction because all existing residents benefit. PUBLIC SPEAKER: Clint Larimare, Riverside Building Industry Association (BIA) - Mr. Larimare provided a written response to the fee study which has been included in the agenda packet. Mr. Larimare said that the Coachella Valley economy is OK, but housing permits are stagnant. In addition, his organization is not a fan of General Plan surcharges because it is not seen as equitable since General Plans benefit the entire city. He asked that new fees become effective in six to twelve months rather than 60 days to protect developers who have projects in the works. Mr. Larimare asked that staff continue to work with the BIA as there are still some issues they wish to address. Mayor Evans declared the PUBLIC HEARING CLOSED at 6:05 p.m. CITY COUNCIL MINUTES 8 AUGUST 2, 2016 14 ClearSource Financial Consultant Madsen reported that, according to online sources, General Plan fees charged by the three Valley cities are: • Desert Hot Springs: 5% of building permit fee • Palm Springs: 6% of building permit fee • Cathedral City: $0.50 per $1000 He said that the proposed General Plan surcharge is not intended to recover 100% from development community; the City covers a significant amount. The goal is to recover approximately $89,000 a year from development community. Councilmembers discussed how to establish a fair ratio between payments by the development community and that paid by the City for its citizens who benefit from a quality General Plan; for appeal fees, charging a greater percentage of full cost recovery as Appellants move up in the appeal process - include in next fee schedule; the jump in the short-term vacation rental (STVR) fee, and; the need for the technology fee. Mayor Evans requested that Applicants be notified immediately that fee increases will go into effect in 60 days so they can take advantage of the current fees if possible. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to adopt Resolution No. 2016-035 as amended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED SCHEDULE OF VARIOUS USER AND REGULATORY FEES AS RECOMMENDED TO GO INTO EFFECT IN 60 DAYS, EXCEPT THE HOURLY RATES FOR PLANNING, PUBLIC WORKS AND BUILDING WILL ALL BE SET AT $152 WITH FULL COST RECOVERY PHASED IN, THE STVR FEE WILL BE $100 WITH FULL COST RECOVERY PHASED IN, AND THE GENERAL PLAN SURCHARGE WILL BE ELIMINATED AND CONSIDERED AT A LATER DATE. Motion passed unanimously. 2. CONTINUED FROM JULY 19, 2016: ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 36817 TO SUBDIVIDE APPROXIMATELY 4.6 -ACRE SITE INTO 10 RESIDENTIAL LOTS AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15332 (CLASS 32) [Resolution No. 2016-036] Principal Planner Jay Wuu presented the staff report, which is on file in the City Clerk's Office. Mayor Evans declared the PUBLIC HEARING OPEN at 6:31 p.m. PUBLIC SPEAKER: - None Mayor Evans declared the PUBLIC HEARING CLOSED at 6:31 p.m. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to adopt Resolution No. 2016-036 as recommended: CITY COUNCIL MINUTES 9 AUGUST 2, 2016 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A PROPOSAL TO SUBDIVIDE AN APPROXIMATELY 4.6 ACRE SITE INTO TEN RESIDENTIAL LOTS AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CASE NUMBER: TENTATIVE TRACT MAP 36817 (TTM 2014-1004); APPLICANT: ESSI SHAHANDEH Motion passed unanimously. DEPARTMENT REPORTS Facilities Director Howlett provided an update on Temporary Use Permit application expected from Vermillion Promotions which will be for a multifaceted event on the Civic Center Campus. Councilmembers discussed the difference between this event and other arts -related events and the need for sufficient distinction; the variety of art and experiences the events provide to residents and visitors; ensuring that dates don't conflict; City participation as host either for first event or once it proves its value, and; considering a City contribution that is not a direct monetary grant but perhaps a public service such as purchasing entry tickets and distributing to schools, or paying rent for a local art section. MAYOR'S AND COUNCIL MEMBER'S ITEMS Mayor Evans commended the Sherriff's Department team on the expert handling and safety provided to residents during the carjacking incident on July 28`h. Mayor Evans reported on the brainstorming session she attended for an east Valley advisory group focused specifically on the destination development plan. Councilmember Radi reported on the Riverside County Transportation Commission letter he distributed regarding the recent settlement. REPORTS AND INFORMATIONAL La Quinta's representative for 2016, Councilmember Pena reported on his participation in the following organization meeting: • CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE • CANNABIS AD HOC COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Franklin/Radi to adjourn at 6:50 p.m. Motion passed unanimously. CITY COUNCIL MINUTES 10 AUGUST 2, 2016 16 Respectfully submitted, /,"/ .. "_Gii+ /uocJ pVe '-/ 09211 e y eieoc ifit' SUSAN MAYSELS, City Clerk CITY COUNCIL MINUTES 11 AUGUST 2,2016 17 18