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2016 12 06 CC MinutesCITY COUNCIL MINUTES TUESDAY, DECEMBER 6, 2016 A regular meeting of the La Quinta City Council was called to order at 5:15 p.m. by Mayor Evans. PRESEN : Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None PLEDGE OF ALLEGIANCE Councilmember Franklin led the audience in the pledge of allegiance. CONFIRMATION OF AGENDA City Manager Spevacek requested that (1) Consent Calendar Item Nos. 3 and 4 be removed and rescheduled for December 20, 2016, and (2) Business Session Item Nos. 3 and 4 be taken up for discussion together since they are interrelated. Council concurred. ANNOUNCEMENT 1. RECOGNITION OF LOCAL HERO, ADRIANNA SANCHEZ FOR HER LIFE-SAVING ACTION ON OCTOBER 27, 2016 Mayor Evans and the Council presented Ms. Sanchez with a certificate of recognition for saving a child's life at a local restaurant by performing the Heimlich maneuver. PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None MAYOR EVANS RECESSED THE MEETING TO CITY HALL'S ANNUAL OPEN HOUSE MEET AND GREET AT 5:32 P.M. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 6:37 P.M. Louricuffiembers �veria, Kaai, ►viayor Evons ABSENT: Councilmembers Franklin, Osborne BUSINESS SESSION Items Nos. 1 and 2 regarding the November election results and selection of the 2017 Mayor Pro Tem will be heard later in the meeting in order to give the Riverside County Registrar of Voters time to certify the final ballot count. CITY COUNCIL MINUTES 1 DECEMBER 6, 2016 3. RECEIVE AND FILE FISCAL YEAR 2015/16 GENERAL FUND YEAR-END BUDGET REPORT 4. RECEIVE AND FILE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR YEAR ENDED JUNE 30, 2016 Finance Director Campos presented the staff reports on Item Nos. 3 and 4 together, both of which are on file in the Clerk's Office. Councilmembers discussed the employee pension rate and rate of return; the City's proactive approach in Fiscal Year 2011/12 to mitigate rapidly growing pension liability by creating a lower tier for new employees; receipt of first revenue from Measure G expected in June 2017; the great work of Finance Director Rita Conrad, followed by Karla Campos; the auditor's policy of rotating audit team members from year to year; how La Quinta compares to others cities regarding material findings; the effect of property tax relief received by homeowners from the County under Proposition 8, and; the meaning of "continuing appropriations" in the document. Finance Director Campos stated that she will report back regarding the number of homeowners whose property tax relief is expiring, and the effect that will have on property tax revenue projections. MOTION - A motion was made and seconded by Councilmembers Radi/Pena to accept Fiscal Year 2015/16 General Fund Year -End Budget Report as submitted. Motion passed: ayes 3, noes 0, absent 2 (Franklin & Osborne absent). MOTION - A motion was made and seconded by Councilmembers Radi/Pena to accept The Comprehensive Annual Financial Report for Year Ended June 30, 2016 as submitted. Motion passed: ayes 3, noes 0, absent 2 (Franklin and Osborne absent). CONSENT CALENDAR 1. APPROVE MINUTES OF NOVEMBER 15, 2016 2. ADOPT ORDINANCE NO. 551 ON SECOND READING AMENDING TITLE 8 OF THE LA QUINTA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2016 CALIFORNIA BUILDING STANDARDS CODE AND CERTAIN SPECIFIED APPENDICES THEREOF AND MAKING FINDINGS OF LOCAL CONDITIONS WITHIN THE CITY OF LA QUINTA WHICH MAKE CERTAIN AMENDMENTS TO THE CALIFORNIA BUILDINGS STANDARDS CODE REASONABLY NECESSARY 3. Item pulled and rescheduled for December 20, 2016 meeting »> RECEIVE AND FILE FISCAL YEAR 2015/16 DEVELOPMENT PROJECT FEE REPORT CITY COUNCIL MINUTES 2 DECEMBER 6, 2016 4. Item pulled and rescheduled for December 20, 2016 meeting »> RECEIVE AND FILE FISCAL YEAR 2015/16 ART IN PUBLIC PLACES ANNUAL REPORT 5. APPROVE DEMAND REGISTERS DATED NOVEMBER 11 AND NOVEMBER 18, 2016 6. RECEIVE AND FILE THE FOURTH QUARTER FISCAL YEAR 2015/16 TREASURER'S REPORT FOR JUNE 2016 7. RECEIVE AND FILE THE FIRST QUARTER FISCAL YEAR 2016/17 TREASURER'S REPORT FOR JULY, AUGUST, AND SEPTEMBER 2016 8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2016 9. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCE DIRECTOR TO ATTEND ANNUAL CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS CONFERENCE IN SACRAMENTO, CALIFORNIA ON FEBRUARY 7-10, 2017 10. APPROVE DECLARATION OF SURPLUS AND DISPOSAL METHOD OF CITY OWNED VEHICLES 11. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE AND ADVERTISE FOR BID THE CITY HALL MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT MOTION - A motion was made and seconded by Councilmembers Pena/Radi to approve the Consent Calendar Item Nos. 1-2 and 5-11 as recommended, with Item No. 2 adopting Ordinance No. 551. Motion passed: ayes 3, noes 0, absent 2 (Franklin and Osborne absent). STUDY SESSION Item No. 1 regarding the Village build -out plan will be heard later in the meeting after Councilmembers-Elect have been sworn in. 2. DISCUSS AMENDMENTS TO TITLE 9 SPECIAL EVENT REGULATIONS Planning Manager Perez and Management Specialist Mignogna presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed neighbor notifications; criteria for quick reviews; Director flexibility/discretion for simpler, late applications; multi-year permits; desirability of accommodating legitimate operators; need to balance the needs of the community and necessary transient occupancy tax revenue and job creation, and; revising the CITY COUNCIL MINUTES 3 DECEMBER 6, 2016 penalty section to be more stringent, such as restricting events for a year for repeated violations which would not be a problem for events done properly. PUBLIC SPEAKER: Lynne Daniels, Dupont Estate, La Quinta - Ms. Daniels spoke in support of staff's recommendations, especially empowering the Director with some flexibility. PUBLIC SPEAKER: David Toms, La Quinta - Mr. Toms spoke in favor of simplifying the permit process and imposing penalties when violations occur. He said he lives in area of Dupont house and the few events he was aware of have not been a problem. PUBLIC SPEAKER: Dale Ortmann, La Quinta - Mr. Ortmann said he lives closest to the Dupont House residence and enjoys the events and the atmosphere. He noted that the revenue generated by rentals and events is important to the city and agrees that rules should be kept simple and flexibility should be granted to staff. PUBLIC SPEAKER: Melissa Labayog, La Quinta - Ms. Labayog said she lives closest to the Dupont Estate and the quality of life in La Quinta is at issue as well as regulating events to insure safety. She said the matter needs more examination - preferably by committees of neighbors impacted by the events. PUBLIC SPEAKER: Sherry Pena, La Quinta - Ms. Pena suggested that staff preapprove standard tent calculations to save time. She also stated that a requirement to submit applications 45 days before the event date would not work because operators don't always receive bookings that far in advance. She suggests 2-3 weeks. Councilmembers continued their discussion with staff: current one -day turnaround for vendors using preapproved tent models; maximizing turnaround time by getting a range of tent specs from rental companies for preapproval; the need for minimum 45 - day review period in order to notice and conduct the required public hearing; conducting information/feedback sessions in impacted neighborhoods, and; making event -related Code changes incrementally. By consensus of the Council, staff was directed to bring recommended changes to the Code back to Council for a vote on December 20, 2016. BUSINESS SESSION - CONTINUED 1. ADOPT A RESOLUTION CERTIFYING THE OFFICIAL CANVASS OF ELECTION RESULTS FOR THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2016 [RESOLUTION NO. 2016-046] City Clerk Susan Maysels presented the staff report, which is on file in the Clerk's Office. Ms. Maysels noted that Mayor Linda Evans won with 83.10% of the vote; Councilmember Steve Sanchez won with 24% of the vote; Councilmember Kathleen CITY COUNCIL MINUTES 4 DECEMBER 6, 2016 Fitzpatrick won with 22.95% of the vote, and; Measure G passed with 54.73% of the vote. Mayor Evans thanked the voters of La Quinta. MOTION - A motion was made and seconded by Councilmembers Radi/Pena to adopt Resolution No. 2016-046 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON THE EIGHTH DAY OF NOVEMBER, 2016, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Motion passed: ayes 3, noes 0, absent 2 (Franklin & Osborne absent) PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. OATH OF OFFICE ADMINISTERED TO RE-ELECTED MAYOR EVANS AND NEWLY - ELECTED COUNCILMEMBERS FITZPATRICK AND SANCHEZ City Clerk Maysels administered the Oath of Office to Mayor Evans and Councilmembers Fitzpatrick and Sanchez. 2. PRESENTATION OF CERTIFICATES OF ELECTION TO RE-ELECTED MAYOR EVANS AND NEWLY -ELECTED COUNCILMEMBERS FITZPATRICK AND SANCHEZ City Clerk Maysels presented Certificates of Election to Mayor Evans and Councilmembers Fitzpatrick and Sanchez. PRESEN : Bei rILpuLrick, Pena, Radi, Sanchez, Mayor Evans ABSENT: None BUSINESS SESSION - CONTINUED 2. SELECT MAYOR PRO TEMPORE TO SERVE FOR ONE YEAR City Clerk Susan Maysels presented the staff report, which is on file in the Clerk's Office. MOTION - A motion was made and seconded by Councilmembers Pena/Fitzpatrick to select Councilmember Radi as Mayor Pro Tem for one year. Motion passed unanimously. STUDY SESSION - CONTINUED 1. DISCUSS THE VILLAGE BUILD -OUT PLAN ENVIRONMENTAL IMPACT REPORT AND ZONING TEXT AMENDMENTS CITY COUNCIL MINUTES 5 DECEMBER 6, 2016 City Attorney Ihrke explained that three of the five Councilmembers have indicated they may have a conflict of interest on this item, and when this situation arises, the Fair Political Practices Commission (FPPC) has a process set forth in regulation 18705 to randomly select one of the members for "legally required participation" in order to obtain a quorum of at least three members required to conduct City business. Councilmember Radi announced that he may have a conflict of interest due to property owned within 2,500 feet of the project. Councilmember Pena announced that he may have a conflict of interest due to the location of his primary residence within 500' of the project. Councilmember Sanchez announced that as a commercial real estate agent, he may have a conflict of interest due to a property he has listed for sale in the project area. COUNCILMEMBERS RADI, PEIVA AND SANCHEZ LEFT THE DAIS AND EXITED THE COUNCIL CHAMBERS. City Clerk Maysels followed the procedure set by FPPC regulation 18705 by putting the names of Councilmembers Radi, Pena and Sanchez in a bowl and having Deputy City Clerk Radeva randomly select one name. Councilmember Pena's name was selected. COUNCILMEMBER PEN- A RETURNED TO THE DAIS TO PARTICIPATE IN THE DISCUSSION ON THIS ITEM. Design and Development Director Jonasson, Planning Manager Perez and Terra Nova consultant Crist presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed special event permits in a mixed use development; current average costs of projects for developers; the price to move utility lines underground; City's ability to defray some of the costs; possible use of transportation -related grants; inability to get information and costs from the Imperial Irrigation District in advance of development; waiving Municipal Code requirements for developers to move utilities underground; establishment of a business improvement district, and; 60 foot height allowance. Councilmembers provided the following guidance to staff: Regarding sidewalks, Councilmember Fitzpatrick said she likes the organic solutions, no standardization as long as the design does not compromise safety or ADA standards. Regarding a deficiency study, Mayor Evans does not support it. Regarding height restrictions, Mayor Evans and Councilmembers Fitzpatrick and Pena agreed that 60 feet may work in some areas of the village, but in general, 45 CITY COUNCIL MINUTES 6 DECEMBER 6, 2016 feet is more comfortable overall. This would allow for a 40 foot building with a 5 foot safety rail on the roof. Planning Manager Perez explained that since the EIR studied 60 feet, building height allowances could be increased from 45' to 60' in the future if desired and the CEQA requirements would be done. In response to Councilmember Pena, City Attorney Ihrke said that he will request from the FPPC a formal opinion regarding Councilmembers' possible conflicts of interest on this project. If this item is on an agenda(s) again before the FPPC's official guidance is received, a straw pull will have to occur each time under FPPC "legally required participation" regulations. COUNCILMEMBERS RADI AND SANCHEZ RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING PUBLIC HEARINGS - None DEPARTMENT REPORTS City Clerk Maysels noted that the voter turnout in Riverside County was 75% of the County's 1,019,130 registered voters. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Radi said the November 20th Friends of the Desert Mountains clean up event to remove evasive plants was a great effort. He also said that the unsightly but protected dump site high in the cove needs to be disturbed by a bull dozer for a quick clean up and it's done. Lastly, Mr. Radi reported on the success of the 50th anniversary of the Desert Sands Unified School District, and the Old Town Artisan Studio's reception in their new location. Mayor Evans commented on the quality of the tree lighting event and the Blue Light ceremony and expressed her appreciation to staff. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2016, Mayor Evans reported on her participation in the following organization's meeting: CVAG EXECUTIVE COMMITTEE La Quinta's representative for 2016, Councilmember Pena reported on his participation in the following organization's meeting: CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE CLOSED SESSION - None CITY COUNCIL MINUTES 7 DECEMBER 6, 2016 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Pena to adjourn at 9:22 p.m. Motion passed unanimously. Respectfully submitted, .;4411.4.‘„L— Digitally signed by Susan Maysels DN: en -Susan Maysels, o=City of La Quinta, ou=Clerk's Office, email=smaysels@la-quinta.org, c=US Date: 2016.12.30 13:48:31 -08'00' SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 8 DECEMBER 6, 2016