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2016 10 18 CC MinutesCITY COUNCIL MINUTES TUESDAY, OCTOBER 18, 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 - Confirmed PLEDGE OF ALLEGIANCE Councilmember Osborne led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Lynne Daniels, La Quinta - Ms. Daniels spoke about bookings for her short-term vacation rental (STVR) and the timing of the research and review of related Municipal Code sections. PUBLIC SPEAKER: Sally Weitzel, La Quinta - Ms. Weitzel spoke about the disruption to neighbors caused by STVR of the Daniels property. She said that more police must be allocated to STVR compliance and paid for by the homeowners profiting from STVRs. She also noted that the La Quinta Resort may be losing business due to the growing number of STVRs. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. FIRE PREVENTION WEEK PROCLAMATION Mayor Evans and Councilmembers presented the proclamation to Battalion Chief Bonifacio De La Cruz. 2. added: INTRODUCTION OF NEW CITY EMPLOYEES City Manager Spevacek introduced new employees: Management Assistant Jessica Delgado in the Finance Department, Management Assistant Julie Magnagna in the Design and Development Department, and Jose Villalta in the Facilities Department. CONSENT CALENDAR 1. APPROVE MINUTES OF SEPTEMBER 20, 2016 CITY COUNCIL MINUTES 1 OCTOBER 18, 2016 2. APPROVE MINUTES OF OCTOBER 4, 2016 3. AWARD CONTRACT TO CALIFORNIA SKATEPARKS FOR CONSTRUCTION OF COVE OASIS TRAILHEAD IMPROVEMENTS AT THE WESTERLY END OF CALLE TECATE 4. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HERMANN DESIGN GROUP FOR ON-CALL PROFESSIONAL LANDSCAPE ARCHITECTURAL SUPPORT SERVICES 5. APPROVE AMENDMENT NO. 6 TO BENGAL ENGINEERING INC PROFESSIONAL SERVICES AGREEMENT FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT 6. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF-SITE AND ON-SITE IMPROVEMENTS FOR PIAZZA SERENA RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 30092) LOCATED AT THE NORTHWEST CORNER OF MONROE STREET AND AVENUE 58 [RESOLUTION NO. 2016-041] 7. APPROVE TERMINATION AND RELEASE OF INDEMNIFICATION AGREEMENT WITH PRESIDIO FD CITRUS FOR IMPROVEMENT BENEATH PUBLIC RIGHT-OF- WAY ON JEFFERSON STREET, JUST NORTH OF AVENUE 52 8. APPROVE DEMAND REGISTERS DATED SEPTEMBER 30 AND OCTOBER 7, 2016 MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to approve the Consent Calendar as recommended, with Item No. 6 adopting Resolution No. 2016-041. Motion passed unanimously. BUSINESS SESSION - None. STUDY SESSION 1. LA QUINTA ACADEMY PRESENTATIONS City Manager Spevacek and Community Resources Director Escobedo presented the staff report, which is on file in the City Clerk's Office. The following project teams presented their reports: Project Team: Police Services Contract Review - Code Compliance Supervisor Anthony Moreno, Customer Service Center Manager Angelica Zarco, Safety Manager Martha Mendez, Community Programs and Wellness Supervisor Christina Calderon, and Community Resources Director Chris Escobedo. CITY COUNCIL MINUTES 2 OCTOBER 18, 2016 Project Team: Sales Tax Measure Information Distribution - Permit Operations Supervisor Tommi Sanchez, Principal Planner Jay Wuu, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Marketing and Events Supervisor Marcie Graham, Management Assistant Gilbert Villalpando, Finance Director Karla Campos. Project Team: Flood Prevention Improvements - Design and Development Director Timothy Jonasson, Maintenance Manager James Lindsey, Parks Superintendent Robert Ambriz Jr., Principal Engineer Edward Wimmer, Plans Examiner/Inspection Supervisor AJ Ortega, Maintenance Foreman Adolfo Cabrera, Maintenance Foreman Ruben Castaneda. Project Team: Purchasing Software - Finance Director Karla Campos, Account Technician Sandra Laureano, Traffic Signal Maintenance Supervisor Kris Gunterson, Buildings Superintendent Bob Mignogna, and City Clerk Susan Maysels. Councilmembers congratulated staff on their professionalism and achievements, noted that it's the positive culture at City Hall that is responsible for retention of the finest workers, and initiated a standing ovation for participating staff. 2. PROJECT UPDATE AND DESIGN PRESENTATION FOR SILVERROCK RESORT BY SILVERROCK DEVELOPMENT COMPANY City Consultant Jon McMillen presented the staff report, which is on file at the Clerk's Office. Developer Robert Green, SilverRock Development Company, LLC (SDC) and his architect Marin Gertler of Gensler Architects presented an update on the project status which included a preview of the architectural and landscape design in their second development permit application for the lifestyle hotel, lifestyle branded residential, and the golf club house. Councilmembers discussed the improved parking arrangement; the sleek yet inviting modern design; the turf materials for event lawns; the good use of the environment in the design; Mr. Green experience with all types of construction materials; projects in Mr. Green's portfolio; feedback on SDC's experience with application submissions and responsiveness of City staff; timing of the announcement on hotel operators; possibility that both hotels will be built simultaneously; the transient occupancy tax arrangement in the Development Agreement, and; Mr. Green's upcoming community presentations on the project set for October 19th at 6:00 p.m. at the Ahmanson House on the SilverRock property, and October 20th at 8:00 a.m. at the Broken Yolk restaurant in La Quinta. CITY COUNCIL MINUTES 3 OCTOBER 18, 2016 PUBLIC HEARINGS 1. ADOPT RESOLUTION APPROVING USE OF FISCAL YEAR 2017/18 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY [RESOLUTION NO. 2016-042] Design and Development Director Jonasson presented the staff report, which is on file at the Clerk's Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5: 58 P.M. PUBLIC SPEAKER: None MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:58 P.M. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to adopt Resolution No. 2016-042 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS, AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT FOR FISCAL YEAR 2017/2018 Motion passed unanimously. 2. INTRODUCE FOR FIRST READING ORDINANCE NO. 549 TO APPROVE A ZONE CHANGE, ADOPT A RESOLUTION TO APPROVE TENTATIVE TRACT MAP TO SUBDIVIDE A 12.25 -ACRE SITE INTO 36 RESIDENTIAL LOTS ON MONROE STREET, BETWEEN AVENUE 54 AND AIRPORT BOULEVARD, AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PRISM REALTY CORPORATION) [RESOLUTION NO. 2016-043] Principal Planner Jay Wuu presented the staff report, which is on file at the Clerk's Office. Council discussed the equestrian and agricultural properties to the north and east and the effect they may have on this residential development; confirmation that surrounding owners were notified of this project; the size of the lots compared to surrounding lots and to lots sizes in other areas of the City, and; the location and necessity of emergency access easements. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:11 P.M. PUBLIC SPEAKER - APPLICANT: Eric Eklund, Sr. Vice Pres., Prism Realty Corporation - Mr. Eklund said his partner met with Christine Newman, a resident of Vista Santa Rosa CITY COUNCIL MINUTES 4 OCTOBER 18, 2016 who expressed her opposition to all development in the area including this one, but nothing specific to this development. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:18 P.M. Councilmembers discussed the project's consistency with the General Plan but the need to update the zoning map because it was inconsistent; the unusual irregularity of the northern property line; the existence of flies, smells, dust, noise, shooting, etc. from farms that can bother adjacent homeowners; the disclosure statements regarding nearby farms and ranches that will be included in the covenants, conditions and restrictions for the property so home buyers are aware of farm neighbors before purchasing; the market demand for smaller houses and smaller lots, and; other high end residential developments built next to farms without conflicts. Councilmember Osborne said he was not in favor of approving this tentative tract map because the lots are too small for the area; locating high-density residential next to farms will result in complaints from homeowners about flies, manure smells, and other farm -related issues. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to take up Ordinance No. 549 by title and number only and waive further reading. Motion passed: ayes 4, noes 1 (Osborne) City Clerk Maysels read the following title of Ordinance No. 549 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE ZONING MAP FROM VERY LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL FOR ASSESSOR'S PARCEL NO. 767-320-039 CASE NUMBER: ZONE CHANGE 2015-0003 APPLICANT: PRISM REALTY CORPORATION MOTION - A motion was made and seconded by Councilmembers Pena/Radi to introduce for first reading Ordinance No. 549. Motion passed: ayes 4, noes 1 (Osborne), MOTION - A motion was made and seconded by Councilmembers Pena/Radi to adopt Resolution No. 2016-043 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE A 12.25 ACRE SITE INTO 36 RESIDENTIAL LOTS ON MONROE STREET, BETWEEN AVENUE 54 AND AIRPORT BOULEVARD. CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 2015-0007 TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION Motion passed: ayes 4, noes 1 (Osborne) CITY COUNCIL MINUTES 5 OCTOBER 18, 2016 3. CONTINUED FROM SEPTEMBER 20, 2016 - INTRODUCE FOR FIRST READING ORDINANCE NO. 550 AMENDING SEVERAL CHAPTERS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO THE ZONING AND GENERAL PLAN TEXT CONSISTENCY AND MAKE A FINDING OF EXEMPTION PURSUANT TO SECTION 15061 (B)(3) UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Planning Manager Perez presented the staff report, which is on file at the Clerk's Office. Councilmembers discussed the adjustment to 65 dB to be consistent with the General Plan; the low number of noise complaints; the increase in allowable density only in the mixed-use zone; the absence of any sections addressing food trucks, and; confirmation that there are no changes regarding agriculture. City Attorney Ihrke recommended two amendments to the Ordinance: (1) In Exhibit "A" to the Ordinance, keep Section 9.20.050 (A) and (B) relating to medical marijuana dispensary ban because other sections of the Code (specifically Section 5.90) reference this section and are being considered as part of the medical cannabis delivery ad hoc committee, and (2) simplify the text in the Ordinance itself by rewriting Section 1 to read, "Title 9 shall be amended as written in Exhibit A attached hereto," deleting Sections 2 through 23, and renumbering the remaining sections from Section 24 until the end of the ordinance, to be renumbered Section 2 through 7. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:01 P.M. PUBLIC SPEAKER: None MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:01 P.M. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to make a finding, included in Ordinance No. 550, that adopting this ordinance is exempt under the California Environmental Quality Act pursuant to Section 15061 (B)(3) Review of Exemptions - General Rule. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to take up Ordinance No. 550, including the amendments suggested by the City Attorney above, by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 549 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE ZONING MAP FROM VERY LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL FOR ASSESSOR'S PARCEL NO. 767-320-039 CASE NUMBER: ZONE CHANGE 2015-0003 APPLICANT: PRISM REALTY CORPORATION CITY COUNCIL MINUTES 6 OCTOBER 18, 2016 MOTION - A motion was made and seconded by Councilmembers Pena/Radi to take up Ordinance No. 550, as amended, by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 550 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO ZONING AND GENERAL PLAN TEXT CONSISTENCY MOTION - A motion was made and seconded by Councilmembers Pena/Radi to introduce for first reading Ordinance No. 550 as amended. Motion passed unanimously. DEPARTMENT REPORTS All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Radi and Mayor Evans provided insights on the memorial service they attended for the two slain Palm Springs police officers, Lesley Zerebny and Jose Vega, and their views on the families, the speakers, the value of law enforcement officers, and the work to be done to remedy the negative narrative about police officers. Mayor Evans announced several events, including the two SilverRock project presentations by Mr. Green and the Brew in LQ Craft Beer Festival on October 22"d from noon to 5 p.m. at SilverRock. She also reported that numerous positive comments were received about the two Desert Trip concert weekends, and local restaurants realized lots of additional business from concert goers. REPORTS AND INFORMATIONAL La Quinta's representative for 2016, Councilmember Franklin reported on her participation in the following organizations' meetings: CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE DESERT SANDS SCHOOL DISTRICT COMMITTEE La Quinta's representative for 2016, Councilmember Osborne reported on his participation in the following organizations' meetings: DESERT SANDS SCHOOL DISTRICT COMMITTEE ECONOMIC DEVELOPMENT SUBCOMMITTEE La Quinta's representative for 2016, Councilmember Radi reported on his participation in the following organizations' meetings: RIVERSIDE COUNTY TRANSPORTATION COMMISSION ECONOMIC DEVELOPMENT SUBCOMMITTEE CITY COUNCIL MINUTES 7 OCTOBER 18, 2016 CLOSED SESSION 1. 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 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 7:27 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:46 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in closed session that require reporting pursuant to Government Code section 54957.1 (Brown Act). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Franklin/Pena to adjourn at 7:47 p.m. Motion passed unanimously. Respectfully submitted, Digitally signedrby Susan Maysels DN: serialNumbe=j4r7111g1 ppsr45f, c=US, st=California, 1=La Quinta, o=Susan Maysels, cn=Susan Maysels Date: 2016.11.02 09:54:27 -07'00' SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 8 OCTOBER 18, 2016