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2017 03 07 CC MinutesCITY COUNCIL MINUTES TUESDAY, MARCH 7, 2017 A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Pro Tem Radi. PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez ABSENT: Mayor Evans* (*Mayor Evans joined the meeting at 3:30 p.m. during closed session) PUBLIC COMMENT ON MATTERS NOT ON AGENDA — None CONFIRMATION OF AGENDA Councilmember Pena asked that Consent Calendar Item No. 9 be pulled for a separate vote. Council concurred. CLOSED SESSION 1. 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: ROBERTS. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY 2. Continued from February 21, 2017 meeting >>> PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M. MAYOR EVANS JOINED THE MEETING AT 3:30 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES Page 1 of 9 MARCH 7, 2017 REPORT ON ACTIONS) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that no actions were taken in Closed Session on Item No. 1 that require reporting pursuant to Government Code section 54957.1 (Brown Act). Mr. Ihrke explained that the Council will reconvene the Closed Session portion of the meeting at the end of the open session to take up discussion of Item No. 2. PLEDGE OF ALLEGIANCE Councilmember Pena led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Lisa Larson, La Quinta — Ms. Larson, on behalf of Gerald Ford Elementary School and its Parent Teacher Organization, invited Councilmembers to attend the school's upcoming Arts Fest 2017 on Wednesday, March 22, 2017, from 5:00 p.m. to 8:00 p.m. The event will feature students' art and music performances to showcase the school's art and music program. PUBLIC SPEAKER: Deborah Hardy Godley, La Quinta — Ms. Godley thanked the City Council and staff for their team -work with residents, continuous support, and great cooperation in updating the City's municipal code regarding animals; banning of retail sales of cats and dogs in the city; supporting the SNIP program; and staff's plans to hold future pet expos to promote pet training, park etiquette, safety, and health and wellness. Mayor Evans thanked Ms. Godley for her continued support and involvement. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS — None CONSENT CALENDAR 1. APPROVE MINUTES OF FEBRUARY 21, 2017 2. APPROVE MINUTES OF FEBRUARY 23, 2017 SPECIAL JOINT MEETING OF CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS 3. APPROVE DEMAND REGISTERS DATED FEBRUARY 17 AND 24, 2017 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 3112016 5. ADOPT A RESOLUTION DESIGNATING SPEED LIMITS FOR CERTAIN STREETS [RESOLUTION NO. 2017-0051 6. ADOPT A RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152; AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS; AND INDEMNIFY AND HOLD THE COUNTY CITY COUNCIL MINUTES Page 2 of 9 MARCH 7, 2017 HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS [RESOLUTION NO. 2017-006] 7. ADOPT A RESOLUTION TO APPROVE FINAL PARCEL MAP NO. 36964 LOCATED AT THE SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA; AND FIND THE PROJECT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTIONS CLASSES 3, 15, AND 32 [RESOLUTION NO. 2017- 0071 8. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HERMANN DESIGN GROUP FOR ON-CALL PROFESSIONAL LANDSCAPE ARCHITECTURAL SUPPORT SERVICES 9. Pulled by Councilmember Pena for a separate vote >>> APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE THE TENNIS AND PICKLEBALL COURT CONVERSION IMPROVEMENTS AT FRITZ BURNS PARK MOTION — A motion was made and seconded by Councilmembers Pena/Radi to approve Consent Calendar Item Nos. 1 — 8 as recommended, with Item Nos. 5, 6, and 7 adopting Resolution Nos. 2017-005, 2017-006, and 2017-007 respectively. Motion passed unanimously. COUNCILMEMBER PENA 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. 9 AND RECUSED HIMSELF FROM ANY DISCUSSION AND VOTE ON THIS ITEM. MOTION — A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve Consent Calendar Item No. 9 as recommended. Motion passed: ayes 4, noes 0, abstain (Pena). BUSINESS SESSION 1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 5.90 AND ADDING CHAPTER 5.91 TO THE LA QUINTA MUNICIPAL CODE, RELATING TO THE REGULATION OF THE DELIVERY OF MEDICAL CANNABIS IN THE CITY AND CONFORMING AMENDMENT PURSUANT TO STATE ADULT USE OF MARIJUANA ACT [ORDINANCE NO. 5551 Management Specialist Villalpando presented the staff report, which is on file in the Clerk's Office. Councilmember Pena said the Cannabis Ad Hoc Committee spent months thoroughly reviewing this item with staff, potential cannabis delivery services, and the City Attorney, to ensure the proposed ordinance satisfies the needs of the patients, the delivery service providers, and the City. CITY COUNCIL MINUTES Page 3 of 9 MARCH 7, 2017 MOTION — A motion was made and seconded by Councilmembers Radi/Fitzpatrick to take up Ordinance No. 555 by title and number only and waive further reading. Motion passed unanimously. Deputy City Clerk Radeva read the following title of Ordinance No. 555 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 5.90 AND ADDING CHAPTER 5.91 TO THE LA QUINTA MUNICIPAL CODE, RELATING TO THE REGULATION OF THE DELIVERY OF MEDICAL CANNABIS IN THE CITY OF LA QUINTA AND CONFORMING AMENDMENT PURSUANT TO STATE ADULT USE OF MARIJUANA ACT MOTION — A motion was made and seconded by Councilmembers Radi/Fitzpatrick to introduce at first reading Ordinance No. 555 as recommended. Motion passed unanimously. �•�_\»:Z91T/:14:14&9W_1I&Tl:1081414VKCI11iI7X11a17_A90 Management Specialist Villalpando presented the staff report, which is on file in the Clerk's Office. Staff said the City lobbyist Gonsalves and Son will provide the Council with a legislative update in June 2017. Councilmembers noted that staff updated page no. 126 of the agenda packet, which was distributed to Council and made available to the public before the start of the meeting. Brief discussion followed regarding the large amount of state legislation sent to Governor Brown, 1,059 pieces of legislation. MOTION — A motion was made and seconded by Councilmembers Radi/Pena to approve the Legislative Policy Guide and authorize the Mayor, one Council Member, and the City Manager to issue letters within the scope of these policies. Motion passed unanimously. 3. CONSIDER ANNUAL MEMBERSHIP WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) MAYOR EVANS ANNOUNCED SHE MAY HAVE A CONFLICT OF INTEREST ON BUSINESS SESSION ITEM NO. 3 DUE TO A BUSINESS RELATIONSHIP. SHE RECUSED HERSELF AND LEFT THE DAIS DURING THE DISCUSSION AND VOTE ON THIS ITEM. MAYOR PRO TEMPORE RADI SAT AS PRESIDING OFFICER IN THE MAYOR'S ABSENCE. City Manager Spevacek and Management Specialist Villalpando presented the staff report, which is on file in the Clerk's Office. CITY COUNCIL MINUTES Page 4 of 9 MARCH 7, 2017 PUBLIC SPEAKER: Mr. Joe J. Wallace, CEO and Chief Innovation Officer with CVEP, gave a presentation on CVEP's membership benefits, 2016 economic impact in the Coachella Valley, business services provided, activities during fiscal year (FY) 2015/16, and objectives for FY 2016/17. Councilmembers discussed CVEP's Executive Committee and Board; CVEP's contribution in facilitating the relocation of major organizations and businesses to the Coachella Valley; CVEP's collaboration with valley businesses in advertising employment opportunities in their newsletter; CVEP's integration with the Coachella Valley Coalition on events to promote business; services, financial guidance, and training available to entrepreneurs and existing businesses through CVEP's Business Services Division; CVEP's ability to facilitate the utilities' permitting and regulatory process for new businesses; currently available performance metrics and CVEP's openness and ability to use different metrics, if requested by its members. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick directing staff to allocate funds for the CVEP annual membership as part of FY 2017/18 proposed budget. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Evans). MAYOR EVANS RETURNED TO THE DAIS AT 4:49 P.M. AND RESUMED THE DUTY OF PRESIDING OFFICER FOR THE REMAINDER OF THE MEETING. STUDY SESSION N�1�1fflP►to] *2f_,VX4IIIFA 4Zt$ITJ4*110:12*97_ R07 Finance Director Campos presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed the Investment Advisory Board's (IAB) existing duties and responsibilities; expanding the IAB's duties to include oversight of Measure G funds; the appropriate membership of the board and possible increase from five members to seven, or nine; required professional qualifications for the members; potential impacts on the efficiency and decision-making process of the board due to increased membership; the opportunity for residents and business owners to be involved in the oversight of Measure G funds; the importance of retaining members with institutional knowledge, and; changing the IAB's name to Financial Advisory Commission (FAC). PUBLIC SPEAKER: George Batavick, La Quinta — Mr. Batavick said he has served on the IAB for two years and is currently the Chairperson. He noted he is in support of expanding the IAB duties and increasing the membership to seven. PUBLIC SPEAKER: Dick Mills, La Quinta — Mr. Mills said he serves on the IAB and is in support of expanding the IAB duties to include oversight of Measure G funds. He is also supportive of increasing the membership, but expressed concern that too big of a group would not be very efficient. CITY COUNCIL MINUTES Page 5 of 9 MARCH 7, 2017 PUBLIC SPEAKER: Mark Johnson, La Quinta — Mr. Johnson said there is a lack of youth involvement in the City and recommended that the Council explore opportunities to attract the City's youth. Councilmembers discussed that the City used to have a Youth Commission and would like to see youth participation in items that directly impacts them, which could interest them and provide a pathway for youth involvement. Council concurred and directed staff to: 1) Rename the IAB to a commission; 2) Expand the responsibilities of the IAB to include citizen oversight of Measure G fund; 3) Appoint the existing IAB members to the new commission; 4) Expand the membership to seven to allow for greater community involvement and input; 5) Maintain the existing professional qualification requirements — three member to have financial background, and four general members; and 6) Maintain the existing quarterly meeting schedule, which allows special meeting to be scheduled as needed. 2. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM (STVRP) 2016 PROGRESS AND 2017 GOALS DESIGN AND DEVELOPMENT DIRECTOR JONASSON RECUSED HIMSELF DUE TO OWNING STVRP REVENUE GENERATING PROPERTY. MR. JONASSON LEFT THE COUNCIL CHAMBER DURING THE DISCUSSION OF THIS ITEM. Management Specialist Mignogna, Management Analyst Isaac, Public Safety Manager Mendez, and Code Compliance Supervisor Moreno presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed the number and type of vacation rental complaints, mostly noise related; repeat offenders and their locations; code compliance officers rotation schedule during the Coachella and Stage Coach festivals, response times, and the collaboration with law enforcement; STVRP application process and inspections; tracking mechanisms for properties located within gated communities; issuing STVRP permits for such properties and the required Homeowner Associations' approvals; maintaining a list of registered STVRP properties, monitoring them, and addressing the ones that are not registered, and; resident venues to report concerns, the response process, and relevant citations. Councilmembers commended staff for efficiently and constructively managing the STVRP, keeping administrative costs to a minimum, enforcing compliance, and fostering the program's growth over the last few years; and emphasized the importance of sustaining the program and allowing it to grow organically. Councilmembers further discussed the need to ensure that the outstanding 1,200 non -registered STVRP properties are brought to compliance going forward; the additional staff time needed to do that and the continued monitoring and maintenance of these properties; making the application available online to improve CITY COUNCIL MINUTES Page 6 of 9 MARCH 7, 2017 process efficiency; business license application process; insurance requirements; staff's efforts to collect residents' feedback through community workshops, and; available in-house and consultant alternatives to manage the STVRP. Councilmembers supported the proposed name "Vacation LQ"; and concurred in their desire to sustain and allow the STVRP to grow organically; and to continue to pursue non-compliant rentals utilizing the processes that currently exist and the resources available. They directed staff to explore and model the areas -phased code compliance approach applied by the Code Compliance Division, and; to research what consultants offer to facilitate these efforts. 3. DISCUSS NORTH LA QUINTA LANDSCAPE RENOVATION DESIGN AND DE VEL OPMENT DIRECTOR JONASSON RE -JOINED THE MEETIN6 A T 6.•10 P.M. Principal Engineer Wimmer presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed the accelerated landscape renovation schedule originally reduced from ten to seven years, and now even further to only three years; required additional maintenance for the retention walls; mechanisms used to prioritize the different project areas and make them appealing for bids while ensuring economies of scale to achieve efficiency; identifying appropriate funding sources; importance of community branding; established City priority projects based on information received from the Community Workshop held in January 2017; projects funded with Measure G funds must be reviewed and approved by the citizen oversight committee; public safety component; potential savings of water, maintenance, and future increase of construction cost and wages; suitable areas for art placements; and the prominence of refreshing the community's parkways. PUBLIC SPEAKER: Mr. Chris Hermann, Palm Desert — Mr. Hermann, Consultant with Hermann Design Group, answered Council's questions regarding potential future cost savings, maintenance, lighting, and plant and art placement. PUBLIC HEARINGS COUNCILMEMBER PENA ANNOUNCED HE MAY HAVE A CONFLICT OF INTEREST DUE TO THE PROXIMITY OF HIS PROPERTY TO THE PROJECT PROPOSED BY PUBLIC HEARING ITEM NO. 1. HE RECUSED HIMSELF AND LEFT THE DAIS DURING THE DISCUSSION AND VOTE ON THIS ITEM. 1. ADOPT A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE OLD TOWN LA QUINTA SPECIFIC PLAN 2016-0002 (SP 2002-058) REMOVING THE VILLAS AT OLD TOWN PART B AND FIND THE SPECIFIC PLAN AMENDMENT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15183 CITY COUNCIL MINUTES Page 7 of 9 MARCH 7, 2017 PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN OR ZONING [RESOLUTION NO. 2017-0081 Associate Planner Flores presented the staff report, which is on file in the City Clerk's Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:48 P.M. PUBLIC SPEAKER: None MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:48 P.M. MOTION — A motion was made and seconded by Councilmembers Radi/Fitzpatrick to adopt Resolution No. 2017-008 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT TO REMOVE THE VILLAS AT OLD TOWN PART B FROM THE OLD TOWN SPECIFIC PLAN, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: SPECIFIC PLAN 2016-0002 (SP 2002-058, AMENDMENT 2) APPLICANT: CITY OF LA QUINTA Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Pena). DEPARTMENTAL REPORTS All reports are on file in the City Clerk's Office. City Attorney Irhke provided an update on the recent court ruling regarding emails and text messages from personal devises that deal with public business are subject to the Public Records Act and guidance criteria provided by the courts for these communications. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmembers discussed strategies to attract youth involvement and to obtain feedback and recommendations from the local school districts. Councilmembers discussed the successful turn out for the State of the City and the unveiling of the SilverRock development's major hotel brands — Montage La Quinta and Pendry La Quinta. Councilmember Radi mentioned the successful turn -out of the 31St annual La Quinta Art Festival; Council is looking forward to seeing the art piece selected by Councilmembers Fitzpatrick and Sanchez installed; commended staff for organizing the X -Park probe which was very informative and generated a lot of discussion; the mural unveiling at Harry S. Truman Elementary School; and the memorial service for Mr. John Polak at Saint Francis Church. He noted Mr. Polak was a Navy Officer and a CITY COUNCIL MINUTES Page 8 of 9 MARCH 7, 2017 respected gentleman who was always encouraging and supportive of Council and the work of the City. Mayor Evans along with Lieutenant Walton welcomed the California Parks Association who held a safety, disaster preparedness, and crime prevention conference at the Embassy Suites hotel. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2017, Mayor Evans reported on her participation in the following organizations meeting: • CVAG EXECUTIVE COMMITTEE La Quinta's representative for 2017, Councilmember Radi reported on his participation in the following organization meeting: • SUN LINE TRANSIT AGENCY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 7:11 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:30 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 No. 2 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 Pena/Fitzpatrick to adjourn at 8:31 p.m. Motion passed unanimously. Respectfully submitted, l MONIKA RADEVA, Deputy City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 9 of 9 MARCH 7, 2017