2016 12 20 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, DECEMBER 20, 2016
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by
Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None
CONFIRMATION OF AGENDA
Councilmember Radi requested that Consent Calendar Item No. 7 be moved to the
Business Session for separate discussion and vote.
Mayor Evans requested that Consent Calendar Item No. 2 be moved to the
Business Session for separate discussion and vote.
Council concurred.
CLOSED SESSION
1. 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)
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 ON THE NORTHWEST CORNER
OF EISENHOWER DRIVE AND AVENIDA FERNANDO (APNS 658-170-015, 658-
170-016, AND 658-420-031)
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
PROPERTY OWNER: BT-LJMJM, LLC., A CALIFORNIA LIMITED LIABILITY
COMPANY/JACK MCGRORY
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR DISPOSITION OF
THE PROPERTY IDENTIFIED
COUNCIL RECESSED TO CLOSED SESSION AT 3:03 P.M.
CITY COUNCIL MINUTES 1 DECEMBER 20, 2016
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:03 P.M. WITH ALL
MEMBERS PRESENT
REPORT ON ACTIONS) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported that Councilmember Fitzpatrick recused herself and left
the room during discussion on Closed Session Item No. 1 due to its connection to
another SilverRock development item that Councilmember Fitzpatrick may have a
conflict of interest on due to her former membership on the Planning Commission.
City Attorney Ihrke also reported that no actions were taken in Closed Session that
require reporting pursuant to Government Code section 54957.1 (Brown Act).
PLEDGE OF ALLEGIANCE
Councilmember Sanchez led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. EQUALITY ACT PROCLAMATION
Mayor Evans and Council presented a Proclamation to Richard Noble who explained
the purpose and hope of the Equality Act which adds sexual identity to Federal
protected rights.
2. LEADERSHIP INVESTMENT AND KNOWLEDGE SHARING — CITY OF LA QUINTA
ACADEMY RECOGNITION
Mayor Evans and Council presented to the following seven City employees a certificate
of completion in the program:
Caroline Duran Michael Solas
Elizabeth Escotel Tommi Sanchez
Mary Fascano Angela Scott
Pam Nieto
3. AMERICAN PUBLIC WORKS ASSOCIATION 2015/16 PROJECT MERIT AWARD FOR
TURF REDUCTION
Mayor Evans and Council presented the Award to Design & Development Department
staff and the project architect.
CONSENT CALENDAR
1. APPROVE MINUTES OF DECEMBER 6, 2016
2. pulled by Mayor Evans and moved to Business Session Item No. 3 >> APPROVE
REVISIONS TO THE CITY'S ARTWORK DONATION POLICY
CITY COUNCIL MINUTES 2 DECEMBER 20, 2016
3. APPROVE RECIPIENT FOR THE 2017 SENIOR INSPIRATION AWARD
4. ADOPT A RESOLUTION CONSENTING TO INCLUDE PROPERTIES WITHIN THE
CITY'S JURISDICTION IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
AND OPEN A PROPERTY ASSESSED CLEAN ENERGY PROGRAM
5. ADOPT RESOLUTION (1) APPROVING TWO AGREEMENTS WITH THE STATE BOARD
OF EQUALIZATION TO PREPARE FOR AND TO ADMINISTER THE VOTER -APPROVED
ONE PERCENT (1%) TRANSACTIONS AND USE TAX, AND (2) SETTING FORTH THE
EMPLOYEE POSITIONS AUTHORIZED TO EXAMINE TAX RECORDS
6. APPROVE DEMAND REGISTERS DATED DECEMBER 2 AND DECEMBER 9, 2016
7. pulled by Councilmember Radi and moved to Business Session Item No. 2 >>>
RECEIVE AND FILE FISCAL YEAR 2015/16 ART IN PUBLIC PLACES ANNUAL
REPORT
8. RECEIVE AND FILE FISCAL YEAR 2015/16 DEVELOPMENT PROJECT FEE REPORT
MOTION - A motion was made and seconded by Councilmembers Pena/Radi to
approve the Consent Calendar Item Nos. 1, 3-6, and 8 as recommended, with Item
No. 4 adopting Resolution No. 2016-047 and Item No. 5 adopting Resolution Nos.
2016-048 and 2016-049. Motion passed unanimously.
BUSINESS SESSION
1. ADOPT A RESOLUTION DESIGNATING SPEED LIMITS FOR CERTAIN STREETS
Principal Engineer Wimmer and Director Jonasson presented the staff report, which is
on file in the Clerk's Office. Assistant Police Chief Walton and Willdan surveying
engineer provided additional information.
Councilmember Sanchez said he was concerned that some of the speed limits seemed
unreasonably low. He said the Council would not want to create criminals out of
residents who are trying to get home or to school and asked if there was data on the
number of tickets issued in these surveyed sections and if there was an increase in
accidents indicating the need for speed reduction.
Councilmembers discussed the methodology of determining speed limits, and;
number of traffic collisions per year.
MOTION - A motion was made and seconded by Councilmembers Radi/Pena to adopt
Resolution No. 2016-050 as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DESIGNATING SPEED LIMITS
CITY COUNCIL MINUTES 3 DECEMBER 20, 2016
Motion passed: ayes 4, noes 1 (Sanchez)
2. moved from Consent Calendar Item No. 7 >>> RECEIVE AND FILE FISCAL YEAR
2015/16 ART IN PUBLIC PLACES ANNUAL REPORT
Councilmembers waived presentation of the staff report.
Councilmember Radi said that the two City -entry monuments are showing signs of
age, and since art is an authentic aspect of La Quinta's brand, he would suggest being
proactive and commissioning artist(s) for designs.
Mayor Evans suggested that the Community Services Commission include the project
in their annual goals.
MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to
receive and file fiscal year 2015/16 Art in Public Places Annual Report as
recommended. Motion passed unanimously.
3. moved from Consent Calendar Item No. 2 >>> APPROVE REVISIONS TO THE CITY'S
ARTWORK DONATION POLICY
Mayor Evans requested that the policy also cover art loaned to the City.
MOTION - A motion was made and seconded by Councilmembers Pena/Radi to
approve the revisions to the City's Artwork Donation Policy as amended to include
loaned art. Motion passed unanimously.
STUDY SESSION - None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Peter Szolesany, La Quinta - Mr. Szolesany suggested withholding
rental permits for properties in gated communities if the Homeowners' Association
submits a letter to do so. He said owners making thousands per week on rentals are
not deterred by small City fines. Mayor Evans referred him to discuss the matter with
staff.
DEPARTMENT REPORTS
All reports are on file in the City Clerk's Office.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Mayor Evans and Councilmembers Pena and Radi reported on events, tours, volunteer
dinners and mixers attended since the last meeting.
CITY COUNCIL MINUTES 4 DECEMBER 20, 2016
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2016, Mayor Evans reported on her participation in the
following organizations meeting:
GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU
La Quinta's representative for 2016, Councilmember Radi reported on his participation
in the following organization meeting:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
SUNLINE TRANSIT AGENCY
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
ECONOMIC DEVELOPMENT SUB -COMMITTEE
PUBLIC HEARINGS
1. ADOPT A RESOLUTION TO (1) MODIFY PLANNING COMMISSION'S APPROVAL OF
SITE DEVELOPMENT PERMIT 2016-0005, INCLUDING THE SITE PLAN,
ARCHITECTURAL DESIGN AND LANDSCAPING FOR PLANNING AREAS 2, 3 AND 4
OF THE SILVERROCK SPECIFIC PLAN IN RESPONSE TO APPEAL 2016-0004; AND
(2) SUSTAIN FINDINGS OF CONSISTENCY WITH ENVIRONMENTAL ASSESSMENT
2014-1003; PROJECT LOCATION - SOUTHWEST CORNER OF AVENUE 52 AND
JEFFERSON STREET [RESOLUTION NO. 2016-0511
COUNCILMEMBER FITZPATRICK ANNOUNCED THAT SHE MAY HAVE A CONFLICT OF
INTEREST DUE TO HER VOTE ON THIS MATTER WHEN SHE WAS A MEMBER OF THE
PLANNING COMMISSION. COUNCILMEMBER FITZPATRICK LEFT THE DAIS AND
EXITED THE COUNCIL CHAMBERS.
City Attorney Ihrke further explained Councilmember Fitzpatrick's reason for recusing
herself: recusal is recommended to avoid potential or actual bias or appearance of
bias that may occur with a newly -elected Councilmember participating in an appeal of
a decision made by the Planning Commission, where the Planning Commission has
final approval authority under the Municipal Code, and the newly -elected
Councilmember participated an voted as a Planning Commissioner on the item, which
is now before the City Council on appeal.
Planning Manager Perez and Design & Development Director Jonasson presented the
staff report, which is on file in the Clerk's Office.
Councilmembers discussed a temporary fence versus a permanent fence, and; the
proposed material and height of a temporary fence;
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:09 P.M.
CITY COUNCIL MINUTES 5 DECEMBER 20, 2016
PUBLIC SPEAKER - Appellant: D. Wayne Brechtel, attorney for the appellants: Sierra
Club and Center for Biological Diversity - Mr. Brechtel said that the solution proposed
by staff is a solution for this project but wishes to be clear that the appellants do not
accept the premise that the environmental review for this project is adequate without
adoption of the amended condition. In 2002, it was recognized that there was a
potential for Big Horn Sheep to go onto this property so the fence provision was added
to the environmental review should the Sheep be found on the property. Since that
time, the project has relied on a very summary type environmental review that makes
findings that there is no chance of a significant impact to Big Horn Sheep. He said that
is not true because the Sheep have entered the project site, they have suffered
mortality because they have entered this project site and other project sites and the
fence is not up. He said it may be counter -intuitive that allowing the Sheep down
from the mountains to graze on the grass and drink the water is not a good thing, but
these animals are extraordinarily susceptible to things found at golf courses and in
urban developments. The Sheep get pneumonia, killed by cars, and eat poison plants.
A 2015 report by the California Department of Fish & Wildlife showed that the survival
rate of lambs in the wild mountain environment was three times higher than for those
inhabiting golf course environments. Construction of the fence is a first step and he
said he understands that adjacent lands to SilverRock still have to be dealt with but
the City's promise made ten years ago to build a fence has to be kept. Mr. Brechtel
said that adoption of the "revised attachment no. 7" [to the Condition of Approval for
Administrative Appeal 2016-0004 for Site Development Permit 2016-0005 adding
Condition CC-11 resolves the appellants' objections to this project.
PUBLIC SPEAKER: William Cain, La Quinta - Mr. Cain agreed that it was time to install a
fence and to put attention on the environment.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:15 P.M.
Councilmember Pena said that the City's intent has always been to protect the
environment, and that the multi -year drought brought the Sheep down in large
numbers.
Mayor Evans said the City has been against installing a fence because it's important to
determine the reasons the Sheep are coming down out of the mountains - the
environmental impact report being done by the Coachella Valley energy and
Environmental Resources Committee will provide clarity.
MOTION - A motion was made and seconded by Councilmembers Pena/Radi to adopt
Resolution No. 2016-051 as modified by the revised Attachment No 7 document
provided and an authorization, added as Condition CC-2, for staff to immediately
solicit bids for the temporary fence:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,
MODIFYING THE PLANNING COMMISSION'S APPROVAL OF SITE DEVELOPMENT
PERMIT FOR CONSTRUCTION OF A 140 ROOM HOTEL, SPA, 29 HOTEL -BRANDED
CITY COUNCIL MINUTES 6 DECEMBER 20, 2016
RESIDENCES, A MEETING CENTER, CONFERENCE CENTER AND SHARED SERVICES
FACILITY WITHIN THE SILVERROCK SPECIFIC PLAN BY ADDING CONDITION OF
APPROVAL CC-1 AND SUSTAINING THE PLANNING COMMISSION'S FINDING OF
CONSISTENCY WITH ENVIRONMENTAL ASSESSMENT 2014-1003
Motion passed: ayes 4, noes 0, absent 1 (Fitzpatrick)
COUNCILMEMBER FITZPATRICK RETURNED TO THE DAIS FOR THE REMAINDER OF
THE MEETING
2. INTRODUCE FOR FIRST READING ORDINANCE NO. 552 AMENDING CHAPTERS
9.60 AND 9.100 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE FOR SPECIAL
EVENT REGULATIONS
Planning Manager Gabriel Perez presented the staff report, which is on file in the
Clerk's Office.
Councilmembers discussed balancing government encroachment on residents and
protecting the rights of neighbors; items that trigger the requirement to obtain a
permit and those that would trigger revoking a permit; role of Code Enforcement in
determining validity of complaints; rights of appeal; the new penalty provisions;
frequency of fees; process for getting a multi -event permit, and; permit rules
regarding occupants per bedroom.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:52 P.M.
PUBLIC SPEAKER: Melissa Labayog, La Quinta - Ms. Labayog spoke against adopting
the ordinance as written.
PUBLIC SPEAKER: Lawrence Labayog, La Quinta - Mr. Labayog spoke against adopting
the ordinance.
PUBLIC SPEAKER: Brian Brown, La Quina - Mr. Brown spoke against the ordinance as
written.
PUBLIC SPEAKER: Sally Weitzel, La Quinta - Ms. Weitzel spoke against the ordinance.
PUBLIC SPEAKER: Lynne Daniels, La Quinta - Ms. Daniela spoke in favor of the
ordinance but requested a change from 45-day application review to 30 days.
PUBLIC SPEAKER: David Thoms, La Quinta - Mr. Thoms spoke in favor of the ordinance.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:18 P.M.
Councilmembers discussed event notification radiuses; noise limit provisions in the
Municipal Code; annual number of Conditional Use Permit applications received from
CITY COUNCIL MINUTES 7 DECEMBER 20, 2016
owners of large homes; ramifications of not obtaining required permits; standardizing
the notification radius to 500 feet for all types of permits; sensible regulations tend to
be observed; City's responsibility to both protect property rights, and not infringe on
property rights; undesirable results of unregulated events or a total ban; importance
of monitoring the effect of the regulation and making adjustments as needed, and;
reasonableness of the 45-day time period if Fire Department and/or Alcohol Beverage
Control approval are needed.
MAYOR EVANS DECLARED THE PUBLIC HEARING RE -OPENED AT 6:36 P.M.
PUBLIC SPEAKER: Rob Daniels, La Quinta - Mr. Daniels asked for clarification regarding
permit fees which staff answered.
PUBLIC SPEAKER: Melissa Labayog, La Quinta - Ms. Labayog requested clarification
regarding attendance limits and liquor licenses which Planning staff and the City
Attorney answered.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AGAIN AT 6:40 P.M.
MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to
take up Ordinance No. 552 by title and number only and waive further reading.
Motion passed unanimously.
City Clerk Maysels read the following title of Ordinance no. 552 into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTERS 9.60 AND 9.100 OF TITLE 9 OF THE LA
QUINTA MUNICIPAL CODE RELATED TO SPECIAL EVENT REGULATIONS AS
AMENDED BY COUNCIL
MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to
introduce at first reading Ordinance No. 552 as amended by Council to include a one
year ban on eligibility for permits after any permit revocation, and set required notice
radius at 500 feet for all residential special event permits.
Motion passed unanimously.
MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to
make a finding of exemption, included in Ordinance No. 552, under the California
Environmental Quality Act pursuant to Section 15061 (B)(3) Review of Exemptions -
General Rule and is consistent with the previously approved General Plan 2035
Environmental Impact Report. Motion passed unanimously.
3. ADOPT A RESOLUTION ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING
CONSIDERATIONS AND CERTIFYING THE VILLAGE BUILD -OUT PLAN
ENVIRONMENTAL IMPACT REPORT; AND, INTRODUCE FOR FIRST READING
ORDINANCE NO. 553 AMENDING SEVERAL CHAPTERS OF TITLE 9 OF THE LA
CITY COUNCIL MINUTES 8 DECEMBER 20, 2016
QUINTA MUNICIPAL CODE RELATING TO THE BUILD -OUT PLAN FOR THE
LA QUINTA VILLAGE, INCLUDING VARIOUS DEVELOPMENT STANDARDS
ASSOCIATED THERETO
City Attorney Ihrke explained that three of the five Members of Council have indicated
they may have a conflict of interest on this item, and when this situation arises, the
California Fair Political Practices Commission (FPPC) has a process set forth in
regulation 18705 to randomly select one of the conflicted Members for "legally
required participation" in order to obtain a quorum of at least three members required
to conduct City business.
Councilmember Pena announced that he may have a conflict of interest due to
the proximity of his property to the Village area.
Councilmember Radi announced that he may have a conflict of interest due to
the proximity of his property to the Village area.
Councilmember Sanchez announced that he may have a conflict of interest
due to a business relationship with a property owner within the Village area.
COUNCILMEMBERS PENA, RADI 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 Pena, Radi and Sanchez in a cup and having Deputy City
Clerk Radeva randomly select one name. Councilmember Pena's name was selected.
COUNCILMEMBER PENA RETURNED TO THE DAIS TO PARTICIPATE IN THE
DISCUSSION AND VOTE ON THIS ITEM BUT BEFORE COMMENCING, CITY ATTORNEY
IHRKE EXPLAINED ONCE AGAIN THAT COUNCILMEMBER PENA HAD RECUSED
HIMSELF DUE TO A POSSIBLE CONFLICT OF INTEREST DUE TO THE PROXIMITY OF
HIS PROPERTY TO THE VILLAGE AREA.
Consultant Planner Nicole Criste presented the staff report, which is on file in the
Clerk's Office.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT APPROXIMATELY 6:55 P.M.
PUBLIC SPEAKER: Mont Goodell, Self Reliance, Inc (Austin, Texas) - Mr. Goodell said he
is working on a net -zero energy building design in the Village that would require the
60 foot height allowance in order to cover the cost of a highly "green" building.
PUBLIC SPEAKER: Marshal Hughes, Owner of vacant lot, corner of La Fonda & Desert
Club - Mr. Hughes said he is working on a net zero condo project on the lot and finds
CITY COUNCIL MINUTES 9 DECEMBER 20, 2016
that the cost of the undergrounding the utilities has been a financial stumbling block.
Requests the 60 foot height limit be adopted.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:09 P.M.
MOTION - A motion was made and seconded by Councilmembers Pena/Fitzpatrick to
adopt Resolution No. 2016-052 as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING
CONSIDERATIONS AND CERTIFYING THE VILLAGE BUILD -OUT PLAN EIR
(SCH 2O15101019) PURSUANT TO THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (EA 2016-0012)
Motion passed: ayes 3, noes 0, absent 2 (Radi and Sanchez)
MOTION - A motion was made and seconded by Councilmembers Pena/Fitzpatrick to
take up Ordinance No. 553 by title and number only and waive further reading.
Motion passed: ayes 3, noes 0, absent 2 (Radi and Sanchez)
City Clerk Maysels read the following title of Ordinance no. 553 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 DEVELOPMENT STANDARDS WITHIN THE
VILLAGE BUILD -OUT PLAN
MOTION - A motion was made and seconded by Councilmembers Pena/Fitzpatrick to
introduce at first reading Ordinance No. 553.
Motion passed: ayes 3, noes 0, absent 2 (Radi and Sanchez)
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Fitzpatrick/Pena to adjourn at 7:13 p.m. Motion passed: ayes 3, noes
0, absent 2 (Radi and Sanchez).
Respectfully submitted,
Digitally signed by Susan Maysels
DN: cn=Susan Maysels, s City La Quints,
V(/� ou=Clerk's Office, email=smayselels@la-quinta.org,
c=US
Date: 2017.01.18 07:45:02-08'00'
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 10 DECEMBER 20, 2016