2017 02 07 CC MinutesCITY COUNCIL MINUTES 1 FEBRUARY 7, 2017
CITY COUNCIL
MINUTES
TUESDAY, FEBRUARY 7, 2017
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by
Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA – None.
CONFIRMATION OF AGENDA
City Manager Spevacek said there was an error in the title of Business Session Item No.
3. He clarified that the full cost for the vacant land purchase agreement and joint
escrow instructions between the City of La Quinta and BT-LJMJM, LLC. is $4,586,000
which will be paid out via an initial down payment and two additional payments, and
at this time staff is requesting an appropriation of $2,253,000. Council concurred.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 77895
CALLE MONTEZUMA (APN 773-101-005)
CITY NEGOTIATOR: CHRIS ESCOBEDO, COMMUNITY RESOURCES
DIRECTOR
PROPERTY OWNER: MICHAEL A. FISCHER SR., MICHAEL A. FISCHER JR.
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR
DISPOSITION OF THE PROPERTY IDENTIFIED
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR THE SIX PROPERTIES LISTED
BELOW
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTIES: OWNERS AS LISTED BELOW
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
1. 46300 DUNE PALMS ROAD – ENGLISH CONGREGATION OF JEHOVAH’S
WITNESSES
2. 46400 DUNE PALMS ROAD (PORTIONS) – CHIN FAMILY PROPERTIES,
LIMITED
3. 46400 DUNE PALMS ROAD, UNIT 58 – LETICIA ARIAS
CONSENT CALENDAR ITEM NO. 1
CITY COUNCIL MINUTES 2 FEBRUARY 7, 2017
4. 46400 DUNE PALMS ROAD, UNIT 83 – JOSE AND IMELDA BENAVIDES
5. 46400 DUNE PALMS ROAD, UNIT 82 – MARIA C. MARRUFO
6. 46400 DUNE PALMS ROAD, UNIT 84 – GARCIA ROMERO
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT:
SILVERROCK RESORT (APNs 770-200-026; 776-150-021; 776-150-023; 770-
060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-
062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490-
014)
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT
COMPANY
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF
REAL PROPERTY
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED
INTO CLOSED SESSION AT 3:03 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL
MEETING AT 4:04 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 on Item Nos. 1
and 2 that required reporting pursuant to Government Code section 54957.1 (Brown
Act).
City Attorney Ihrke said Council will continue consideration of Closed Session Item No.
3 when Council reconvenes to Closed Session at the conclusion of the open session
portion of the meeting.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Radi led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Kathy Kronemeyer, La Quinta – Ms. Kronemeyer said that she has
been a La Quinta resident for 15 years and a teacher with Desert Sands Unified School
District for 40 years. She requested clarification on the City’s policy regarding
sanctuary status.
CITY COUNCIL MINUTES 3 FEBRUARY 7, 2017
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. MAINTENANCE FOREMAN ADOLFO CABRERA RETIREMENT PROCLAMATION
Mayor Evans and Councilmembers presented Maintenance Foreman Adolfo Cabrera
with a proclamation honoring his retirement after dedicating over 31 years to a career
in Public Works. Mr. Cabrera began his career with the City in 1985 as the second
Public Works maintenance employee. Mr. Cabrera was joined by his wife Bernie and
daughter Angie.
CONSENT CALENDAR
1. APPROVE MINUTES OF JANUARY 17, 2017
2. APPROVE MINUTES OF JANUARY 25, 2017 – COMMUNITY WORKSHOP
SPECIAL MEETING
3. ADOPT RESOLUTION TO AMEND PRINCIPAL PLANNER CLASSIFICATION
WORKING TITLE TO SENIOR PLANNER [RESOLUTION NO. 2017-002]
4. APPROVE DEMAND REGISTERS DATED JANUARY 10, 13, 20, AND 27, 2017
5. ACCEPT COVE OASIS TRAILHEAD IMPROVEMENTS LOCATED AT CALLE TECATE
AND AVENIDA MADERO (PROJECT NO. 2015-11)
6. ACCEPT YMCA BUILDING TURF CONVERSION (PROJECT NO. 2014-01C)
LOCATED AT 49955 MOON RIVER DRIVE
7. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND CITY
CLERK ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS
SERIES 300 IN RIVERSIDE, CALIFORNIA, MARCH 14-17, 2017
8. AUTHORIZE OVERNIGHT TRAVEL FOR FIVE PLANNING COMMISSIONERS, THE
DESIGN AND DEVELOPMENT DIRECTOR AND PLANNING MANAGER TO ATTEND
THE ANNUAL PLANNING COMMISSIONERS ACADEMY IN LOS ANGELES,
CALIFORNIA, MARCH 1-3, 2017
9. AUTHORIZE OVERNIGHT TRAVEL FOR ACCOUNT TECHNICIAN IN THE FINANCE
DEPARTMENT TO ATTEND TYLER USER CONFERENCE IN SAN ANTONIO, TEXAS,
MAY 7-10, 2017
10. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED NOVEMBER
30, 2016
CITY COUNCIL MINUTES 4 FEBRUARY 7, 2017
MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to
approve the Consent Calendar as recommended, with Item No. 3 adopting Resolution
No. 2017-002. Motion passed unanimously.
BUSINESS SESSION
1. APPROPRIATE FUNDING, INCLUDE IN FISCAL YEAR 2016/17 BUDGET, AND
AWARD AN AGREEMENT TO AMERICAN FENCE COMPANY, INC. FOR THE
SILVERROCK RESORT TEMPORARY BIGHORN SHEEP FENCE
Principal Engineer Ed Wimmer presented the staff report, which is on file in the Clerk’s
Office.
Councilmembers discussed the required environmental monitoring and associated
relevant agreements and funding; and a request made to the Coachella Valley
Conservation Commission to assist the City with the environmental monitoring cost
for this project.
MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to
appropriate $802,606 of unallocated general funds, include this project in the Fiscal
Year 2016/17 budget, and award an Agreement in the amount of $496,206 to
American Fence Company, Inc. for the rental of the SilverRock Resort Temporary
Bighorn Sheep Fence; and authorize the City Manager to execute the agreement.
Motion passed unanimously.
2. APPROVE SECOND ROUND COMMUNITY SERVICES GRANTS FOR 2016/17
Community Programs and Wellness Supervisor Christina Calderon presented the staff
report, which is on file in the Clerk’s Office.
Councilmembers discussed the Spay Neuter Imperative Project (SNIP) which will hold
four annual events in La Quinta, and will be open to all residents in the Coachella
Valley.
PUBLIC SPEAKER: Melanie Scherer, La Quinta – Ms. Scherer gave a brief overview of the
SNIP program which started in June 2016 and provides residents with affordable spay
and neuter services at $25 per animal, $10 for vaccinations, and $15 for micro-chips.
The program has serviced 1,951 animals in 8 months, and currently has a wait list of
300 animals.
PUBLIC SPEAKER: Elaine Millam, La Quinta – Ms. Millam spoke about the services
provided by “Graceful Passages” to residents in the Coachella Valley. The organization
offers support, education, and interactive workshops to individuals and families to
face their end of life.
CITY COUNCIL MINUTES 5 FEBRUARY 7, 2017
Councilmembers discussed the importance of organizations such as “Graceful
Passage,” eligible candidates for the scholarships the organization offers, workshop
locations, and whether the responsibility for such services should be addressed at the
local, county or state level.
MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to
approve second round Community Services grants for 2016/17 as recommended: 1)
Desert Symphony - $2,000, 2) Habitat for Humanity of the Coachella Valley - $5,000, 3)
Hidden Harvest - $5,000, 4) Ophelia Project - $3,000, and 5) Spay Neuter Imperative
Project (SNIP) - $5,000. Motion passed unanimously.
3. ADOPT RESOLUTION APPROVING A VACANT LAND PURCHASE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF LA QUINTA AND
BT-LJMJM, LLC, FOR CERTAIN VACANT PROPERTY NEAR THE INTERSECTION
OF EISENHOWER DRIVE AND AVENIDA FERNANDO; APPROPRIATE $2,253,000
FROM UNAPPROPRIATED RESERVES; AND FIND IT EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 15301, 15303, AND
15304 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT [RESOLUTION NO.
2017-003]
City Manager Spevacek presented the staff report, which is on file in the Clerk’s Office.
Councilmembers discussed the funding of this project with unappropriated reserves;
the fact that funding is possible because of the residents support in the passage of
Measure G; the project status as one of the priorities established for Measure G funds;
residents awareness and the community workshops held on this project; the $21-22
million proposed total cost to address all flood areas in the City, through several
phases, based on the drainage study.
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to
adopt Resolution No. 2017-002 as recommended, appropriate $2,253,000 from
Unappropriated Reserves, and find it exempt from environmental review pursuant to
sections 15301, 15303, and 15304 of the California Environmental Quality Act:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
APPROVING A VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS BETWEEN THE CITY OF LA QUINTA AND BT-LJMJM, LLC,
FOR CERTAIN PROPERTY LOCATED NEAR THE INTERSECTION OF
EISENHOWER DRIVE AND AVENIDA FERNANDO
Motion passed unanimously.
CITY COUNCIL MINUTES 6 FEBRUARY 7, 2017
4. APPROVE TRANSIENT OCCUPANCY TAX INCENTIVE PROGRAM
Management Specialist Villalpando presented the staff report, which is on file in the
Clerk’s Office.
Councilmembers discussed the use of the incentive program; the program is self-
generated and it is a critical incentive to market the City as a premium resort
destination; improving the program’s application and making it electronically
available; including City participation at the events.
PUBLIC SPEAKER: Mark Johnson, La Quinta – Mr. Johnson said he served on the Ad-hoc
Advisory Committee and reached out to its former members to vet the incentive
program. The Committee’s recommendation was to proceed with the program on a
one-to-two year trial basis and reduce the proposed incentive amount.
MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to
approve the Transient Occupancy Tax Incentive Program as recommended. Motion
passed unanimously.
5. INTRODUCE FOR FIRST READING ORDINANCE NO. 554 AMENDING THE LA
QUINTA MUNICIPAL CODE BY ADDING THE REQUIREMENT FOR LANDSCAPE-
RELATED BUSINESSES TO COMPLETE A COURSE ON OVERSEEDING
ALTERNATIVES AND WATER EFFICIENCY TO CHAPTER 3.28 BUSINESS LICENSES
AND CHAPTER 8.13 WATER EFFICIENT LANDSCAPING
Planning Manager Perez presented the staff report, which is on file in the Clerk’s Office.
Councilmembers discussed the courses’ availability at the College of the Desert (COD);
options to deliver the courses’ certificates of completion electronically to the City;
current information required to obtain a business license; City staffs requirement to
obtain these certifications; cost and length of the courses; the City’s responsibility for
water conservation; the City’s goals and objectives to be an efficient environmental
user and eliminate expending natural resources; and the benefits of continuing
education.
PUBLIC SPEAKER: Katie Barrows, Palm Desert – Ms. Barrows said the Coachella Valley
Association of Governments has reached out to COD and requested a tracking
mechanism of the certificates of completion. She noted she will let staff know when
she had more information and assist with facilitating this process.
Councilmember Sanchez said he is not in support of mandating small business owners
to obtain these certifications. It should be the business’ decision to stay informed and
educated to improve their competitiveness.
CITY COUNCIL MINUTES 7 FEBRUARY 7, 2017
MOTION --- A motion was made and seconded by Councilmembers Pena/Radi to take
up Ordinance No. 554 by title and number only and waive further reading. Motion
passed: ayes 4, noes 1 (Sanchez).
Deputy City Clerk Radeva read the following title of Ordinance No. 554 into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING
THE REQUIREMENT FOR LANDSCAPE-RELATED BUSINESSES TO COMPLETE
A COURSE ON OVERSEEDING ALTERNATIVES AND WATER EFFICIENCY TO
CHAPTER 3.28 BUSINESS LICENSES AND CHAPTER 8.13 WATER EFFICIENT
LANDSCAPING
MOTION – A motion was made and seconded by Councilmembers Peña/Radi to
introduce at first reading Ordinance No. 554 as recommended. Motion passed: ayes 4,
noes 1 (Sanchez).
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:30 P.M.
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:36 P.M. WITH ALL
MEMBERS PRESENT
STUDY SESSION
1. DISCUSS CANNABIS DELIVERY AND PROPOSITION 64 UPDATE
Management Specialist Villalpando presented the staff report, which is on file in the
Clerk’s Office.
Council discussed the Cannabis Ad-hoc Committee’s recommended code
amendments to allow medical marijuana deliveries within the City, personal indoor
marijuana growth of six plants or fewer, and the transportation on public roads of
commercial marijuana through city limits to ensure compliance with Proposition 64;
existing and pending State regulations for medical cannabis deliveries; cannabis
delivery vehicles identification plaques; local governments’ ability to regulate
commercial and medical cannabis business activities within their city limits; medical
vs. recreational cannabis; three State regulatory agencies charged to establish
cannabis regulations which will apply to medical and recreational use; ability to
impose excise tax on both medical and recreational cannabis use, however, sales tax
can be applied only on recreational; the City’s existing bans on personal outdoor
cannabis cultivation and marijuana dispensaries within City limits; the importance of
allowing home-bound residents safe access to medical marijuana via a delivery
option; the City’s ability to implement local medical cannabis licensing procedures for
medical marijuana deliveries; reactive code compliance response to residents who
violate State law on the permitted number of plants for personal marijuana
CITY COUNCIL MINUTES 8 FEBRUARY 7, 2017
cultivation; the City’s ability to collect cannabis-related revenue from the State should
medical deliveries be allowed within City limits; the City’s ability to propose a ballot
measure for an excise tax to seek any revenue that is in connection with medical
marijuana deliveries, which would require a 2/3 voter approval if it is a special tax to
be used for a specific purpose or majority vote if the revenue goes into the general
fund.
PUBLIC SPEAKER: Danny Robbins, Palm Desert – Mr. Robbins said he operates a
delivery service and commended Council for their thorough and concerned
deliberation on this subject. He said cannabis is a lucrative business and he supports
that Council permits dispensaries to operate within the City limits in the future, which
would generate City revenue.
City Manager Spevacek said staff can move forward with bringing forward the
amended ordinance to address medical marijuana deliveries; and further research the
potential revenue for the City from taxing cannabis activities while waiting for the
State cannabis regulations in connection with Prop 64 and present more information
to Council in the future.
Council concurred.
PUBLIC HEARINGS – None.
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
MAYOR’S AND COUNCIL MEMBER’S ITEMS
Councilmembers discussed the successful Council Community Workshop held on
January 25, 2017; thanked staff for their efforts and expressed their satisfaction with
the entire workshop as it was well structured and ensured productive end results;
commended residents’ attendance, engagement, and feedback received;
Councilmembers were pleased that residents are invested and care about the City’s
business.
Councilmembers discussed the 19th Hole Block Party held on February 3, 2017; the
fascinating ability to capture the real-time artist work aspect; they were very pleased
with the variety of residents attending and the comments received; proposed
alternative location for future events.
Council discussed ways to ensure the City’s collaboration with the Desert Recreation
District and find ways to improve existing services.
Council discussed expanding the purview of the Cannabis Ad-hoc Committee to review
cultivation, dispensaries, growth, commercial use, regulations, monitor Prop 64, and
CITY COUNCIL MINUTES 9 FEBRUARY 7, 2017
stay abreast of this ever-changing subject; and to fill the existing Councilmember
vacancy.
Councilmembers discussed the Art on Main Street held on February 4, 2017 and
commended the Historical Society’s collaboration on referring visitors to the Museum
to view the exhibits.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2017, Mayor Evans reported on her participation in the
following organizations meeting:
EAST VALLEY COALITION
La Quinta’s representative for 2017, Councilmember Radi reported on his participation
in the following organization meeting:
CVAG TRANSPORTATION COMMITTEE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
SUNLINE TRANSIT AGENCY
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED
INTO CLOSED SESSION AT 6:34 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL
MEETING AT 8:38 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported that City Council directed staff to require contractors to
enter into a Public Works Project Labor Agreement and pay prevailing wages as
required by State law should the City contract for public works as part of the SilverRock
Resort project. There were no other actions taken in closed session on Item No. 3 that
required reporting pursuant to Government Code section 54957.1 (Brown Act).
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 8:39 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, Deputy City Clerk
City of La Quinta, California