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2017 12 05 CC MinutesCITY COUNCIL MINUTES Page 1 of 8 DECEMBER 5, 2017 CITY COUNCIL MINUTES TUESDAY, DECEMBER 5, 2017 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 4:01 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the pledge of allegiance. CLOSED SESSION – None CONFIRMATION OF AGENDA Councilmember Radi said he would like to comment on Consent Calendar Item Nos. 3 and 4; and Councilmember Fitzpatrick said she would like to comment on Consent Calendar Item No. 3. Council concurred. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. LEGISLATIVE UPDATE BY CITY LOBBYIST JOE A. GONSALVES AND SON Mr. Jason Gonzalves provided the Council with a legislative update. CONSENT CALENDAR 1. APPROVE MINUTES OF NOVEMBER 21, 2017 2. AUTHORIZE OVERNIGHT TRAVEL FOR FACILITIES DIRECTOR TO ATTEND THE GOLF INDUSTRY CONFERENCE IN SAN ANTONIO, TEXAS, FEBRUARY 4 – 8, 2018 3. APPROVE RECIPIENT FOR THE 2018 SENIOR INSPIRATION AWARD 4. ADOPT ORDINANCE NO. 563 AT SECOND READING AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY DEFINITIONS, PROCESS CITY COUNCIL MINUTES Page 2 of 8 DECEMBER 5, 2017 AND ADD AN APPEAL PROCESS SECTION FOR SHORT-TERM VACATION RENTALS 5. APPROVE DEMAND REGISTER DATED NOVEMBER 17, 2017 6. ADOPT A RESOLUTION TO APPROVE THE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 33085, SOUTH ORCHARDS, LOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE [RESOLUTION NO. 2017-057] 7. APPROVE THE COOPERATIVE AGREEMENT AND FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY AMONG THE CITIES OF INDIO, LA QUINTA, COACHELLA, AND COUNTY OF RIVERSIDE FOR THE COST OF A LADDER TRUCK COMPANY 8. RECEIVE AND FILE FISCAL YEAR 2016/17 ART IN PUBLIC PLACES ANNUAL REPORT 9. APPROVE DECLARATION AND DISPOSAL OF SURPLUS EQUIPMENT 10. APPROVE DECLARATION AND DISPOSAL OF SURPLUS VEHICLES 11. APPROVE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES TO PREPARE A SYSTEMIC TRAFFIC SAFETY ANALYSIS REPORT 12. AWARD CONTRACT TO SPOHN RANCH SKATEPARKS FOR DESIGN / BUILD SERVICES FOR THE SKATE PARK AT FRITZ BURNS PARK Comments on Consent Calendar Item No. 3: Councilmembers Fitzpatrick and Radi congratulated the 2018 Senior Inspiration Award recipients and commended the City’s resident volunteers for their time, loyalty, and commitment. Council directed staff to send out reminders for the 2019 Senior Inspiration Award to the people who submitted nominations this year, and to look into the criteria for Pillars of the Community and determine if the residents’ contribution could be recognized there as well. Mayor Evans briefly explained the Senior Inspiration Award process. She said Riverside County hosts an annual luncheon to formally recognize one Senior Inspiration Award recipient from each county jurisdiction and shares their story of what they do to contribute to their community. She said Council is honored and proud to have this opportunity to brag about La Quinta’s residents, and talk about the time and service they give to the community. CITY COUNCIL MINUTES Page 3 of 8 DECEMBER 5, 2017 Comments on Consent Calendar Item No. 4: Councilmember Radi noted that Ordinance No. 563 updates the code on Short-Term Vacation Rentals (STVR); adds an appeal process; and gives staff more tools to enforce and ensure that STVR are run properly and within the strict guidelines the City has in place. Mayor Evans said Council received several comments on this item and thanked the residents and rental agencies for their input. She said the comments were overwhelmingly supportive of the fact that the City has been proactive in ensuring that there is an enforcement process in place; an appeal process is now being added; and the program is being streamlined as it grows and develops. The following PUBLIC SPEAKERS provided comments on Consent Calendar Item No. 4: SUPPORT/OPPOSITION PUBLIC SPEAKER: COMMENTS:  Tim Misewicz, Vice President of Utopian LVH In support  Dan Schmeztzer, La Quinta In support  Mark Parnell with Resort Homes Destinations, Inc., La Quinta In support  John Sprogis, La Quinta In opposition  Jeremy Ogul with HomeAway, Palm Desert In support  Leslie Hartzell, La Quinta In support  Greg Parker, La Quinta In support  Lawrence French, La Quinta In support  Lynne Daniels, La Quinta In support  Cory Hunter, La Quinta In support Comments on Consent Calendar Item No. 12: PUBLIC SPEAKER: Eduardo Antonio Lomeli, La Quinta – spoke in support of the proposed skate park and thanked Council and City staff for their community engagement efforts with this project. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to approve the Consent Calendar as recommended, with Item Nos. 4 and 6 adopting Ordinance No. 563 and Resolution No. 2017-057, respectively. Motion passed unanimously. BUSINESS SESSION 1. SELECT MAYOR PRO TEMPORE TO SERVE FOR ONE YEAR Council waived presentation of the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 4 of 8 DECEMBER 5, 2017 MOTION – A motion was made and seconded by Councilmembers Radi/Evans to appoint Councilmember Fitzpatrick to serve as Mayor Pro Tempore for one year. Motion passed unanimously. 2. INTRODUCE AN ORDINANCE AMENDING SPECIFIED CHAPTERS IN THE MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPEALS AND SERVICE OF OFFICIAL CITY NOTICES [ORDINANCE NO. 564] Council waived presentation of the staff report, which is on file in the Clerk’s Office. City Clerk Maysels asked that Council amend the motion as proposed to exclude Chapter 3.24 – Transient Occupancy Tax from the ordinance. MOTION --- A motion was made and seconded by Councilmembers Peña/Fitzpatrick to take up Ordinance No. 564, as amended excluding Chapter 3.24 Transient Occupancy Tax, by title and number only and waive further reading. Motion passed unanimously. Deputy City Clerk Radeva read the following title of Ordinance No. 564 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SPECIFIED CHAPTERS IN THE LA QUINTA MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPEALS AND SERVICE OF OFFICIAL CITY NOTICES MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to introduce at first reading Ordinance No. 564, as amended excluding Chapter 3.24 Transient Occupancy Tax. Motion passed unanimously. MAYOR EVANS RECESSED THE MEETING FOR THE CITY’S ANNUAL OPEN HOUSE MEET AND GREET AT 4:55 P.M. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 6:01 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS 1. ADOPT A RESOLUTION CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTION 9.100.210 OF THE LA QUINTA MUNICIPAL CODE RELATING TO AN EXEMPTION FOR GOLF COURSE MAINTENANCE [RESOLUTION NO. 2017-058; ORDINANCE NO. 565] Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office; and noted that a supplemental clarifying hand-out for Section 9.100.210(E) was distributed to Council and made publically available at the meeting. CITY COUNCIL MINUTES Page 5 of 8 DECEMBER 5, 2017 Council discussed that private residential communities could impose amended maintenance times. Mayor Evans said Council received numerous comments from PGA West residents in support of this item after the agenda packet was distributed which have been made publically available. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:10 P.M. PUBLIC SPEAKER: John Maddern, La Quinta – said he was representing the La Quinta Resort & Club, PGA West, and the 18 golf courses within the City; explained La Quinta has always provided world class golf amenities; spoke in support of the proposed ordinance; commended City staff for the support, efforts, and community outreach on this matter; and answered the Council’s questions regarding the use of leaf-blowers for golf course maintenance. PUBLIC SPEAKER: Derrell Snyder, La Quinta – spoke in support of the proposed ordinance. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:18 P.M. MOTION – A motion was made and seconded by Councilmembers Rad/Fitzpatrick to adopt Resolution No. 2017-058 certifying a Negative Declaration of environmental impacts for Environmental Assessment 2017-0012 as amended. Motion passed unanimously. MOTION --- A motion was made and seconded by Councilmembers Radi/Peña to take up Ordinance No. 565, as amended per the supplemental hand-out on Section 9.100.210 Noise control, by title and number only and waive further reading. Motion passed unanimously. Deputy City Clerk Radeva read the following title of Ordinance No. 565 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 9.100.210 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATING TO GOLF COURSE MAINTENANCE NOISE MOTION – A motion was made and seconded by Councilmembers Radi/Peña to introduce at first reading Ordinance No. 565 as amended per the supplemental hand- out on Section 9.100.210 Noise control. Motion passed unanimously. 2. ADOPT A RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE BY ADDING CERTAIN APPEAL FEES AND A CLARIFYING FOOTNOTE [RESOLUTION NO. 2017-059] CITY COUNCIL MINUTES Page 6 of 8 DECEMBER 5, 2017 Deputy City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. Councilmember Radi concurred with the proposed seven percent cost recovery for Appeals to Hearing Officer of Administrative Citation, as this minimal fee would not hinder the public’s constitutional right to petition its local government. Councilmembers agreed that refunding appeal fees would be considered on a case- by-case basis, and not be included in the fee schedule or code language. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:25 P.M. PUBLIC SPEAKER: None. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:25 P.M. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2017-059 to update the City’s user and regulatory Master Fee Schedule by adding certain appeal fees and a clarifying footnote for line item no. 9 – Expedited Plan Review fee under the Public Works section. Motion passed unanimously. STUDY SESSION 1. DISCUSS EMERGENCY SERVICES EXERCISES AND ROLES Emergency Services Coordinator Johnston presented the staff report, which is on file in the Clerk’s Office. Council discussed the emergency training for staff scheduled for December 6, 2017; the importance and benefits of continuous emergency trainings to ensure the safety of the community and staff’s ability to respond effectively; staff’s and Council’s roles and responsibilities in emergency situations as identified in the City’s Emergency Operations Plan; available emergency communication channels, including certified hand-radio operators, satellite phone, etc.; and Brown Act emergency situations exemptions. Councilmembers expressed their commitment and willingness to serve the community during an emergency and their support of staff’s efforts on emergency preparedness, and suggested staff set up emergency preparedness training sessions for Councilmembers. CITY COUNCIL MINUTES Page 7 of 8 DECEMBER 5, 2017 DEPARTMENTAL REPORTS All department reports are on file at the Clerk’s Office 1. DESERT JET EVICTION City Manager Spevacek said staff would continue to monitor this matter and provide Council with periodic updates; however, pursuant to legal limitations imposed by the pending litigation of this item, the City is unable to intervene for Desert Jet at this time. Council concurred. 2. UPDATE REGARDING RIVERSIDE COUNTY GRAND JURY CITIZEN COMPLAINT FORM DATED SEPTEMBER 22, 2016 City Attorney Ihrke explained the 2016/17 Grand Jury’s term ended June 30, 2017, and any final reports must have been submitted to the presiding judge of the superior court at any time during their term. Thus, the City Attorney’s Office had concluded that a report based on the citizen complaint filed by Linda Gunnett on September 22, 2016, was unlikely. 3. APPROVED LAST AND FINAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) Council noted that La Quinta is the first City in the Coachella Valley to have its Last and Final ROPS approved by the Department of Finance; commended staff for their efforts; and asked that all Oversight Board Members over the years receive a certificate of appreciation. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Council commented on the successful turn-out of the City’s annual Christmas Tree Lighting event on December 2, 2017, and the positive resident comments received. Councilmember Sanchez said he has received many positive comments from the public on the landscape improvements in north La Quinta, which was made possible by the passing of Measure G by the voters; and thanked staff for installing the fence around Adams Park, which has also been very positively received by residents. Councilmember Peña said he attended Riverside County Sheriff’s Department “Blue Light” ceremony held on December 4, 2017, at La Quinta City Hall, honoring members of law enforcement who’ve been killed on duty, including Palm Springs officers Jose Vega and Leslie Zerebny; he commended the community for their support. Mayor Evans and Mayor Pro Tem Radi represented the City at the Third Annual Founder’s Society Dinner for Cal State University San Bernardino Palm Desert campus, CITY COUNCIL MINUTES Page 8 of 8 DECEMBER 5, 2017 and spoke of La Quinta’s past contributions to the University and its plans for future growth and development. Mayor Evans commended staff for the collaboration and marketing outreach efforts between the La Quinta Historical Society, the Museum, and the City on the sixth annual La Quinta Open Studio Tour held on December 3, 2017, which takes participants into the homes and studios of local artists. Mayor Evans said she met a representative from Southern California Association of Governments who presented the City with a commemorative Village Make brochure and commented on the success of the event. Mayor Evans and Mayor Pro Tem Radi attended the memorial service of Al Vasquez, editor and publisher of La Prensa Hisapana in La Quinta, who was a strong political advocate for advancements in many different areas and used the media to get his message out and improve the lives of people in the community. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2017, Mayor Evans reported on her participation in the following organization meeting:  CVAG EXECUTIVE COMMITTEE La Quinta’s representative for 2017, Councilmember Peña reported on his participation in the following organization meeting:  CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE La Quinta’s representative for 2017, Councilmember Sanchez reported on his participation in the following organization meeting:  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 7:09 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Deputy City Clerk City of La Quinta, California