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2017 02 21 CC MinutesCITY COUNCIL MINUTES 1 FEBRUARY 21, 2017 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 21, 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 Councilmember Peña asked that Consent Calendar Item No. 5 be pulled for a separate vote. Council concurred. 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 LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF COMMUNITY RESOURCES; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION 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; 777-490-014 CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERM OF PAYMENT FOR THE SALE OF REAL PROPERTY 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER CITY COUNCIL MINUTES 2 FEBRUARY 21, 2017 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:04 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that no actions were taken in Closed Session on Item Nos. 1 or 2 that require reporting pursuant to Government Code section 54957.1 (Brown Act). Mr. Ihrke explained that the Council will return to Closed Session at the end of the open session to take up discussions on Item Nos. 3 and 4. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None CONSENT CALENDAR 1. APPROVE MINUTES OF FEBRUARY 7, 2017 2.ADOPT ORDINANCE NO. 554 ON SECOND READING 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 3. AUTHORIZE OVERNIGHT TRAVEL FOR COMMUNITY RESOURCES DIRECTOR AND HUMAN RESOURCES ANALYST TO ATTEND THE LIEBERT CASSIDY WHITMORE PUBLIC SECTOR LAW CONFERENCE IN ANAHEIM, CALIFORNIA, MARCH 8 – 10, 2017 4. AUTHORIZE OVERNIGHT TRAVEL FOR DESIGN AND DEVELOPMENT DIRECTOR/CITY ENGINEER TO ATTEND LEAGUE OF CALIFORNIA CITIES PUBLIC WORKS OFFICERS INSTITUTE IN SAN DIEGO, CALIFORNIA, MARCH 22 – 24, 2017 5.pulled by Councilmember Peña for a separate vote >>> APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DAHL CONSULTANTS, INC. TO DESIGN THE REQUIRED UPDATED WATER METER FOR THE CIVIC CENTER LAKE AND IRRIGATION CONVERSION IMPROVEMENTS CITY COUNCIL MINUTES 3 FEBRUARY 21, 2017 6. APPROVE AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH ESGIL CORPORATION, JAS PACIFIC, AND YOUNG ENGINEERING SERVICES FOR ON-CALL BUILDING CODE PLAN REVIEW SERVICES 7. EXCUSE ABSENCE OF PLANNING COMMISSIONER HANSEN FROM THE FEBRUARY 14, 2017 PLANNING COMMISSION MEETING 8. APPROVE DECLARATION OF SURPLUS AND DISPOSAL OF CITY OWNED MOTORCYCLES 9. APPROVE DECLARATION OF SURPLUS EQUIPMENT 10. APPROVE DEMAND REGISTERS DATED FEBRUARY 3 AND 9, 2017 MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Consent Calendar Item Nos. 1-4 and 6-10 as recommended, with Item No. 2 adopting Ordinance No. 554. Motion passed unanimously. COUNCILMEMBER PEÑA ANNOUNCED THAT HE MAY HAVE A CONFLICT OF INTEREST DUE TO THE PROXIMITY OF HIS PROPERTY TO THE PROJECT PROPOSED BY CONSENT CALENDAR ITEM NO. 5 AND HE WILL RECUSE HIMSELF FROM ANY DISCUSSION OR VOTE ON THIS ITEM. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Consent Calendar Item No. 5 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña) ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PRESENTATION ON SAFELY SURRENDERED BABY AWARENESS MONTH BY DAVID LaCLAIR, FIRE BATTALION CHIEF Fire Battalion Chief David LaClair explained that the Safely Surrendered Baby law (the SSB law - California Health and Safety Code, section 1255.7) provides a safe alternative for the surrender of a newborn baby by a parent or person with lawful custody to a designated fire station or other designated site, without fear of prosecution, within 72 hours of birth. 2. PRESENTATION REGARDING BOYS AND GIRLS CLUB OF LA QUINTA BY SIAH NIX, EXECUTIVE DIRECTOR Mr. Nix explained the joint program of the Boys and Girls Club and the La Quinta Police to increase communication, engagement and understanding between local law enforcement personnel and teens. CITY COUNCIL MINUTES 4 FEBRUARY 21, 2017 BUSINESS SESSION 1. APPOINT A COUNCILMEMBER TO THE CANNABIS AD HOC COMMITTEE Councilmember Radi said it’s important to keep this Ad Hoc Committee active for the purpose of keeping tabs on new laws, rules and to influence federal government action if possible. Councilmember Radi nominated Councilmember Sanchez to serve with Councilmember Peña as the Cannabis Ad Hoc Committee. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to appoint Councilmember Sanchez to serve on the Council’s Cannabis Ad Hoc Committee. Motion passed unanimously. 2. RECEIVE AND FILE FISCAL YEAR 2016/17 OPERATING AND CAPITAL IMPROVEMENT MID-YEAR BUDGET REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, AND ADOPT RESOLUTION TO AMEND MANAGEMENT ASSISTANT CLASSIFICATION SPECIFICATION [RESOLUTION NO. 2017-004] Finance Director Karla Campos presented the staff report, which is on file in the Clerk’s Office. Councilmembers discussed the difference between excise and sales tax; reasons for various revenue adjustments and expenditure adjustments; future CalPERS adjustments and City liability, and; showing public safety-related expenditures separately in the Community Resources department budget. Councilmembers requested that future budget documents show public safety-related expenditures separately from the managing department’s budget figures. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to receive and file Fiscal Year 2016/17 Operating and Capital Improvement Mid-Year Budget Report; approve the recommended budget adjustments; and adopt Resolution No. 2017-004 amending the Management Assistant classification specification. Motion passed unanimously. STUDY SESSION 1. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (CVB) UPDATE BY PRESIDENT/CEO SCOTT WHITE Scott White, CVB President and CEO provided background on the CVB, current programs, studies and surveys, visitor and promotion statistics, and initiatives planned for the future, including the need to consider providing airline service subsidies soon. CITY COUNCIL MINUTES 5 FEBRUARY 21, 2017 Councilmembers discussed CVB studies and surveys available to staff for free; portions of the CVB’s Destination Development Plan that staff may be able to take the lead on; staff’s ability to upload information into CVB’s sustainable site; connecting CVB’s efforts with La Quinta’s economic development activities; joint meeting of CVB and La Quinta Economic Development Subcommittee; cross-promotion with the other Valley cities for Valley-wide coverage, such as along Highway 111, of 1-2 events per city per year; involve the Coachella Valley Association of Government in coordinating cross- promotion; need to stress locally grown during events; CVB invited to work with La Quinta staff to activate action plans presented. 2. DISCUSS THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE CV LINK MULTI - MODAL TRANSPORTATION PROJECT Planning Manager Perez presented the staff report, which is on file in the Clerk’s Office. Councilmembers discussed including in the DEIR safety block-off measures in case of emergencies; enhancing some of the visual screenings planned; option for homeowners to cover path views with plant material; safety concerns for motorists, bicyclists, pedestrians, skaters, etc. crossing at Highway 111 and Point Happy if CV Link path ends there – not the preferred alternative; need to include and address public’s security and maintenance concerns; CV Link budget must include police officers or drone costs, and; absence in DEIR of speed limit to be set for path. PUBLIC SPEAKER: Mark Johnson, La Quinta – Mr. Johnson, now retired from CVWD, said he spoke as a resident only and has provided written comments on the DEIR to CVAG and the City. Mr. Johnson said he does not support the current goals of the CV Link because the Valley already has plenty of public lands for recreation. He supports Alternative 3, or a complete redesign and new DEIR. Councilmembers’ continued discussion included: the initial purpose of CV Link to provide a safe walkway and biking experience away from Highway 111, to provide freedom for children to safely bike across the Valley, and do so along a relatively flat path making it usable for all family members; multiple benefits to La Quinta such as adventure, entertainment and connection – another La Quinta amenity; the need and desire for low and moderate activities as an alternative to currently available mountain and desert hikes; State and Federal grants indicate they favor CV Link-like projects; La Quinta’s advance planning and readiness for CV Link; connections from CV Link to La Quinta facilities, parks, commercial sectors, and GoldenVoice events; advantages to business owners along Highway 111, some could have a second entrance for signage on CV Link; CV Link offers opportunities for new businesses such as bike and equipment rental, and; need to explore revenue potential for City of La Quinta. CITY COUNCIL MINUTES 6 FEBRUARY 21, 2017 Councilmembers agreed that La Quinta should continue to support the project as the residents’ survey indicated, stay involved in the planning process, and decide as the project takes shape whether to fully commit La Quinta to participation. 3. DISCUSS THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC) DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE LA QUINTA PENINSULAR BIGHORN SHEEP BARRIER PROJECT Planning Manager Perez presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Mark Johnson, La Quinta – Mr. Johnson said he has provided written comments on the DEIR, and as a golfer and hiker, is in favor of Alternative C which is the shortest length of fencing and does not impact hiking. He said it was important to ensure that Alternative C did not contain any requirement for the City to provide, purchase or pay for replacement acreage for any habitat area lost to the Sheep by the fence. PUBLIC SPEAKER: Katie Barrows, Director of Environmental Resources, CVCC – Ms. Barrows provided information and answers to Councilmembers’ questions including: the DEIR does not include a preferred alternative because the CVCC is still working with homeowners; a final EIR could be available as soon as April if CVCC doesn’t get a huge number of comments on the DEIR; she would like CVCC Members to tour SilverRock Golf Course to see the site and the animals first hand; providing food and water assistance to Sheep during transition period back to exclusive mountain life is a possibility; reason for push to have temporary fence installed before lambing season; there is no answer to What’s Next?; agrees that it’s interesting that the Sheep are occurring in large numbers on La Quinta’s golf course and not elsewhere - appears it is an ideal location with steep slope for quick get-away from predators, and food and water right at base of their natural habitat; Biologists don’t believe moving them to inner mountains would solve the problem as others would take their place and before moving any animals, must know the genetics of the groups; across their range, population number are improving – for removal from the endangered list, need 25 females in a ewe group for a period of 6 years or so, and; results from the recent studies of population numbers are just coming in. Mayor Evans requested that CVCC provide some relief to the City by assisting with any monitoring requirement imposed upon La Quinta, and that CVCC schedule a meeting at SilverRock so CVCC Members understand the properties and extend of the problem. Councilmember Peña said he favors Option No. 3 because these are Federal Sheep coming out of their Federal land habitat onto City property. He said the City’s ultimate goal is to protect the Sheep and although Option No. 3 initially removes 2,500 acres of habitat, the Sheep have 250,000 acres available to term. Lastly, he said it was unfortunate that the half million dollars being spent by the City for a temporary fence could not have gone towards funding Option No. 3 as the permanent solution. CITY COUNCIL MINUTES 7 FEBRUARY 21, 2017 Councilmember Radi expressed concern that once SilverRock Golf Course was fenced off, the Sheep would find their way into the La Quinta Cove or other city-owned property causing new problems. He said that the “human habit” needs to be broken so removing them completely from the area should be explored. Mr. Radi asked that the CVCC also consider what would be required if the conditions that allow the Sheep to reproduce abundantly in La Quinta are removed, and Sheep numbers start declining again - would the City be required to remove the fence? PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. Councilmember Fitzpatrick requested that children’s books be included in the Little Free Library boxes, especially in park locations, and in dog parks. Councilmember Radi requested that the installation designed for the T-Rex art piece temporary location by the Library be designed to accommodate a permanent future art piece. Development and Design Director Jonasson explained the purpose of SB1 and AB1. Councilmember Sanchez stated that he is opposed to SB1 and AB1 because the State repeatedly identifies transportation revenue sources to be funded by taxpayers then continually borrows and redistributes those funds for other purposes, leaving residents to pay indefinitely. He said he could not ask residents to pay more gas tax. Mayor Evans and Councilmember Radi agreed that transportation funds have been robbed over and over by the State, ideas for completing all the deferred maintenance are scattered, and the proposed “monitors” of the tax funds are the ones who caused the deferred maintenance of streets to occur. There was no Council consensus to support SB1 and AB1 at this time. MAYOR’S AND COUNCIL MEMBER’S ITEMS Councilmember Peña thanked the Police for a great public safety expo event. He also suggested sending a letter from Council to City of Whittier Council expressing solidarity with them as they mourn the shooting of one of their Officers. Council concurred. Councilmember Fitzpatrick reported on the RSVP volunteer luncheon she attended as representative of the Mayor and Council at which La Quinta resident Jim Davidson sang the national anthem, and volunteers were credited with donating over 4,800 hours of service representing a value of approximately $112,000. Councilmember Fitzpatrick also noted the sad loss of Tom Kennedy who was a tremendous historical CITY COUNCIL MINUTES 8 FEBRUARY 21, 2017 resource to the City. She said Mr. Kennedy’s recent talk to the Historical Society was videotaped so the City is fortunate to have his oral history on record. Mayor Evans noted that she attended the Palm Springs Air Museum event at which the City, along with others, was recognized for its contribution for the Tuskegee Airmen travel expenses to the event. She also attended The Tradition members-only tribute to former resident, the late Arnold Palmer. The members are considering a museum containing his memorabilia. Mayor Evans thanked all involved for organizing the crime prevention expo, and reported on the meeting with the Board of Equalization staff regarding Measure G 1% sales tax education. Councilmember Radi announced the community outreach meeting set for Monday, February 27, 2017 to gather input for a new X-Park design [specialty park for skating, skateboarding, BMX-biking] will be held at La Quinta High School Teachers’ Lounge. Councilmember Sanchez reported on the Board of Equalization outreach meeting he attended with Mayor Evans, and the Crime Prevention event at City Hall which showcased many fascinating security devices. He also reported on his first COP [Citizens-on-Patrol] ride-along, and asked Council and staff to spread the word that more volunteers are needed. Mr. Sanchez said he also enjoyed the Strut Your Mutt event with La Quinta’s Police Chief as a judge, and a tour of the City’s traffic signal operation from which he gained a whole new appreciation of this very complex system. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2017, Councilmember Fitzpatrick reported on her participation in the following organization meeting: DESERT RECREATION DISTRICT COMMITTEE La Quinta’s representative for 2017, Councilmember Peña reported on his participation in the following organization meeting: CVAG PUBLIC SAFETY COMMITTEE CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE La Quinta’s representative for 2017, Councilmember Radi reported on his participation in the following organization meeting: DESERT RECREATION DISTRICT COMMITTEE COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED BACK INTO CLOSED SESSION AT 7:16 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:52 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES 9 FEBRUARY 21, 2017 REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that no actions were taken in Closed Session on Item No. 3 that require reporting pursuant to Government Code section 54957.1 (Brown Act). Mr. Ihrke also reported that Closed Session Item No. 4 was continued until the next meeting. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adjourn at 8:53 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California