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2016 11 01 CC MinutesCITY COUNCIL MINUTES TUESDAY, NOVEMBER 1, 2016 A regular meeting of the La Quinta City Council was called to order at 4:01 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None PLEDGE OF ALLEGIANCE Councilmember Osborne led the audience in the pledge of allegiance. CONFIRMATION OF AGENDA Councilmember Osborne requested that Consent Calendar Item No. 2 be pulled for comment and separate vote. Councilmember Franklin announced that she will recuse herself from the vote on Consent Calendar Item No. 5. City Manager Spevacek requested that Business Session Item No. 1 be removed from the agenda and possibly considered at a later date. All councilmembers concurred. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Lisa Howell, Vice President -Administrative Services, College of the Desert (COD) - Ms. Howell presented statistics on the increased enrollment, and financial needs at COD. PUBLIC SPEAKER: Melissa Labayog, La Quinta - Ms. Labayog provided information on the disruption caused by numerous short term vacation rentals (STVR) in her neighborhood and suggested (1) Council form a citizens' committee to review the impact of STVRs on neighborhood noise, traffic, parking, and (2) raise the fees for STVRs to reduce the number and pay for code enforcement. She stated that she volunteers to be on such a committee should it be formed. She also expressed her appreciation for the quick responses by the City's Code Enforcement Division when called with complaints. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS Mayor Evans read a letter dated October 28, 2016 from PGA West Fairways Association Board of Directors into the record. The letter of thanks was for approving CITY COUNCIL MINUTES 1 NOVEMBER 1, 2016 the median landscape project on Madison Street which is on file in the City Clerk's Office. CONSENT CALENDAR 1. APPROVE MINUTES OF OCTOBER 18, 2016 2. putted by Councilmember Osborne for comment and separate vote »> ADOPT ORDINANCE NO. 549 ON SECOND READING AMENDING THE ZONING MAP FROM VERY LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL FOR ASSESSOR'S PARCEL NO. 767-320-039 (PRISM REALTY CORPORATION) 3. APPROVE DEMAND REGISTERS DATED OCTOBER 14 AND 21, 2016 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED AUGUST 31, 2016 5. pulled by Councilmember Franklin for a separate vote »> ACCEPT THE MADISON STREET MEDIAN LANDSCAPE CONVERSION IMPROVEMENTS PROJECT FROM AIRPORT BOULEVARD TO AVENUE 54 6. AWARD CONTRACT TO KIRKPATRICK LANDSCAPING SERVICES, INC. FOR CONSTRUCTION OF THE LA QUINTA YMCA LANDSCAPE IMPROVEMENTS 7. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CALIFORNIA DEPARTMENT OF TRANSPORTATION FEDERAL -AID AGREEMENTS [RESOLUTION 2016-044] COUNCILMEMBER FRANKLIN ANNOUNCED THAT SHE MAY HAVE A CONFLICT OF INTEREST, AND WILL ABSTAIN FROM VOTING ON ITEM NO. 5 DUE TO THE PROXIMITY OF THE PROJECT TO HER PROPERTY. MOTION - A motion was made and seconded by Councilmembers Pena/Osborne to approve the Consent Calendar Items 1, 3, 4, 6, 7 as recommended, with Item No. 7 adopting Resolution No. 2016-044. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to adopt Ordinance No. 549 on second reading. Motion passed: ayes 4, noes 1 (Osborne). Councilmember Osborne explained that he voted against Ordinance 549 now and at first reading on October 18, 2016 due to the density of this development in a rural area. CITY COUNCIL MINUTES 2 NOVEMBER 1, 2016 MOTION - A motion was made and seconded by Councilmembers Radi/Pena to approve Consent Calendar Item No. 5 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Franklin). BUSINESS SESSION 1. removed from the agenda »> APPROVE REDUCTION OF REGULAR CITY COUNCIL MEETINGS TO ONE PER MONTH DURING JANUARY 2017 BY CANCELLING THE REGULAR MEETING OF JANUARY 3, 2017 2. APPROVE COOPERATIVE AGREEMENT FOR FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES WITH COUNTY OF RIVERSIDE Public Safety Manager Martha Mendez presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed the reasons for the sharp increase in 2015/16; the stats showing that the majority of the calls are medical, not fire -related; costs of responding to medical calls with ambulance only; paramedic staffing; failed ballot measure about ten years ago to impose a tax to cover additional paramedics; no change in staffing going forward; reasons for the recent turnover in La Quinta Fire Chiefs; current reserves in the special fire fund; and, estimated years before fire budget will require subsidy from fire reserves. City Manager Spevacek explained the negotiated arrangement the City reached with Riverside County to retain 100% of the fire tax revenue collected within the Redevelopment Agency's project areas solely for La Quinta's needs. This fire tax has paid for fire department services, station construction and maintenance every year since, with the excess deposited into a reserve fund. As the fire department's budget increases, the amount of excess tax decreases and in a year or two, the tax amount collected will equal the fire budget. If labor costs continue to rise at the same rate, soon thereafter, the fire budget will exceed the fire tax collected and the difference will be covered by the reserve fund until it is depleted. MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to approve the Cooperative Agreement for fire protection, fire prevention, rescue and medical emergency services with Riverside County as recommended. Motion passed unanimously. STUDY SESSION 1. DISCUSS REQUEST BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE CITY OF LA QUINTA TO PARTICIPATE IN A CITY COUNCIL MINUTES 3 NOVEMBER 1, 2016 WATER EFFICIENCY AND OVER -SEEDING ALTERNATIVE CERTIFICATION PROGRAM FOR LANDSCAPE -RELATED BUSINESSES Planning Manager Gabriel Perez presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed the number of certifications already issued by other cities; how many people in each company would have to take the course for the company to be certified and eligible for a business license; the frequency of re -certification; need for continued water conservation and standardization of best practices education; and, method of tracking certifications. PUBLIC SPEAKER: Katie Barrows, Director of Environmental Resources, Coachella Valley Association of Governments - Ms. Barrows explained the details of both the over - seeding program and the water -efficiency program certifications. She said the water - efficiency certifications are sponsored by the Coachella Valley Water District; the courses are free and online; the focus is on lawns; certificates are filed with business license renewals each year; cannot statistically state that the program is the cause of reductions, but can state that regional reduction requirements are being met. Councilmembers discussed topics taught to landscapers in the course; a grace period to complete the course and submit the certifications without jeopardizing ones business license; additional staff time involved in tracking and enforcing delinquent certificates; and, staff's ability to send a letter to all landscapers holding business licenses, alerting them of this requirement should the Council adopt it. By consensus of the Council, staff was directed to bring both programs back to Council as a voting item. PUBLIC HEARING 5:00 pm 1. ADOPT A RESOLUTION APPROVING ISSUANCE OF BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF EISENHOWER MEDICAL CENTER [RESOLUTION NO. 2016-045] Management Specialist Villalpando presented the staff report, which is on file in the Clerk's Office. Councilmember Osborne clarified the fact that repayment of these bonds was the legal responsibility of Eisenhower Medical Center alone, and that neither the City nor any city taxpayer would be responsible. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:01 P.M. CITY COUNCIL MINUTES 4 NOVEMBER 1, 2016 PUBLIC SPEAKER: Ken Wheat, CEO Eisenhower Medical Center - Mr. Wheat provided information on the purpose of the bond issue. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:04 P.M. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to adopt Resolution No. 2016-045 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE ISSUANCE OF REVENUE REFUNDING BONDS BY THE AUTHORITY FOR THE PURPOSE OF REFINANCING THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN FACILITIES FOR THE BENEFIT OF EISENHOWER MEDICAL CENTER Motion passed unanimously. DEPARTMENT REPORTS All reports are on file in the Clerk's Office. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Franklin said that although the Palm Springs Airport Commission approved a space for Uber pickups, provided Uber drivers have the same drug and alcohol tests required of taxi drivers, however Uber will not comply so they will not be servicing the airport. She said SunLine believes in leveling the playing field between taxi and Uber drivers. Councilmember Franklin announced that the bi-annual airshow at Jacqueline Cochran Regional Airport is scheduled for Saturday, November 5, 2016. Councilmember Radi reported on a successful 2016 Coachella Valley Economic Summit and expressed his support for renewing City's membership with the Coachella Valley Economic Partnership. Councilmember Pena suggested that staff explore a City Halloween event. He also complimented staff on the success of the Brew in La Quinta Craft Beer Festival held October 22. Community Resources Director Escobedo noted that the multitudes of events hosted by the City are straining the department's budget so staff is preparing an events list along with associated costs for Council review. Councilmember Osborne suggested that the City work with the newly formed Greater Coachella Valley Chamber of Commerce which should now be equipped to host community events. Mayor Evans reported on the successful first Art on Main event which occurred over the weekend, and announced the upcoming Veterans' Day event scheduled for Friday, November 11, 2016, in the courtyard at City Hall. She also reported on her visit to The CITY COUNCIL MINUTES 5 NOVEMBER 1, 2016 Palms at La Quinta independent and assisted living complex and serving as Grand Marshall for the recent La Quinta High School Homecoming Parade. REPORTS AND INFORMATIONAL La Quinta's representative for 2016, Councilmember Osborne reported on his participation in the following organization's meeting: IID ENERGY CONSUMERS' ADVISORY COMMITTEE 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 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) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 5:22 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:53 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 6:55 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Digitally signed by Susan Maysels DN: serialNumber=j4r7111g1 ppsr45f, c=US, st=California, 1=La Quinta, o=Susan Maysels, cn=Susan Maysels Date: 2016.11.16 09:49:57 -08'00' 6 NOVEMBER 1, 2016