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2018 04 03 CC MinutesCITY COUNCIL MINUTES TUESDAY, APRIL 3, 2018 CALL TO ORDER 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 THE AGENDA - None CONFIRMATION OF AGENDA • Councilmember Pena said he will recuse himself from discussion on Study Session Item No. 2 regarding Senate Bill 1, Project No. 2015-03 La Quinta Village Complete Streets Improvements, due to a conflict of interest stemming from the project's proximity to his business property. • Councilmember Sanchez said he will recuse himself during the discussion and vote on Consent Calendar Item No. 4 due to a potential conflict of interest stemming from a business relationship and potential source of income. • Councilmember Fitzpatrick asked that Consent Calendar Item No. 4 be moved to Business Session for discussion and separate vote. Council concurred. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON HIGHWAY 111 EAST OF DUNE PALMS (APN 600-020-053) CITY NEGOTIATOR: CHRIS ESCOBEDO, ACTING CITY MANAGER NEGOTIATING PARTY: SUNRIDGE HOTEL GROUP UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED CITY COUNCIL MINUTES Page 1 of 9 APRIL 3, 2018 2. 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) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR THE PROPERTIES LISTED BELOW: CITY NEGOTIATOR: CHRIS ESCOBEDO, ACTING CITY MANAGER NEGOTIATING PARTIES: OWNERS AS LISTED BELOW UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT • 46300 DUNE PALMS ROAD -- ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES • 46400 DUNE PALMS ROAD (PORTIONS) -- CHIN FAMILY PROPERTIES, LIMITED • 46400 DUNE PALMS ROAD, UNIT 58 -- LETICIA ARIAS • 46400 DUNE PALMS ROAD, UNIT 59 -- ALEJANDRO AND MARIA PREBOT • 46400 DUNE PALMS ROAD, UNIT 82 -- MARIA C. MARRUFO • 46400 DUNE PALMS ROAD, UNIT 83 -- JOSE AND IMELDA BENAVIDES COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:05 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 no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). At the City Council's request, he reported on the status of Closed Session Item No. 2 which concerns alleged violations of the La Quinta Municipal Code brought forward by citizens, relating to horses that were stabled at a property located at 54721 Monroe Street. A Notice of Public Nuisance was issued on March 5, 2018, stating that there were alleged violations of the La Quinta Equestrian Overlay Zone set forth in Section 9.140.060 of the La Quinta Municipal Code. On March 19, 2018, there was a citation issued for observed violations requiring landscaping maintenance and removal of excess manure which appeared to be caused by the horses that were on the property. City Code Enforcement Officers repeatedly inspected the property, including yesterday and today. Code Enforcement Officers report that, as of today, there are no remaining horses on the property, that the property owner is taking efforts to make sure excess manure or other landscaping issues are attended to, and that the property will be watered down to address these landscaping issues. The administrative process that was in place starting with the March 5, 2018 Notice of Public Nuisance required complete code compliance by April4, 2018. Code Enforcement Officers will be reporting to other City Staff to see what, if any, remaining items may need to be completed for the property owner's code compliance under the City's administrative procedures. The City Council has authorized other legal remedies as well. CITY COUNCIL MINUTES Page 2 of 9 APRIL 3, 2018 PLEDGE OF ALLEGIANCE Councilmember Pena led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Randall Rounds, La Quinta - Mr. Rounds requested that the City rename Simon Drive to Deputy Bruce Lee Drive to permanently honor Officer Lee who was killed May 13, 2003 in the line of duty in La Quinta. Mayor Evans asked Councilmember Pena to discuss the idea with Officer Lee's widow Patsy and if she is in support, City staff will research the matter and bring recommendations back to Council. PUBLIC SPEAKER: Patrick Swarthout, La Quinta - Mr. Swarthout, the Community Development Officer for the Greater Coachella Valley Chamber of Commerce provided information on the Taste of La Quinta event April 7th from 1:00-4:00 p.m. at Civic Center Park featuring 17 restaurants and La Quinta Brewery. PUBLIC SPEAKER: Paulette Cudio, PGA West, La Quinta - Ms. Cudio provided an update regarding noise from golf course maintenance at PGA West, and asked the Council to consider a temporary ban on debris blowers before 8:00 a.m. and setting an upper decibel limit. PUBLIC SPEAKER: Mark Johnson, La Quinta - Mr. Johnson provided copies of his March 23, 2018 and March 27, 2018 letters to the Coachella Valley Water District Board (on file in the City Clerk's Office) and summarized the contents which details his concerns regarding unfair and unequitable water charges and taxes. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION FOR DMV / DONATE LIFE CALIFORNIA Donald Hagan accepted the Proclamation on behalf of DMV/Donate for Life in which the City designates April as Donate Life Month. 2. CERTIFICATE OF APPRECIATION VOLUNTEER Mayor Evans presented the Certificate Coordinator Johnston spoke about Ms. organizations in La Quinta. Ms. Deal supporting volunteers and their efforts. TO PAULA DEAL, C.E.R.T. AND POLICE to Ms. Deal, and Emergency Operations Deal's history as a volunteer for multiple thanked the City for acknowledging and 3. PROCLAMATION TO RETIRING CITY CLERK SUSAN MAYSELS Mayor Evans and Councilmembers presented a proclamation to City Clerk Maysels in appreciation of her years of service to La Quinta. CITY COUNCIL MINUTES Page 3 of 9 APRIL 3, 2018 CONSENT CALENDAR 1. APPROVE MINUTES OF MARCH 20, 2018 2. EXCUSE ABSENCES FOR COMMISSIONER D. QUILL FROM THE APRIL 9, 2018 COMMUNITY SERVICES COMMISSION MEETING, AND COMMISSIONER P. QUILL FROM THE APRIL 10, 2018 PLANNING COMMISSION MEETING 3. ACCEPT ART DONATION FROM MELODY COHN 4. pulled by Councilmember Fitzpatrick and moved to Business Session Item No. 5 >>> WITHDRAW THE AUTHORITY FOR CITY STAFF TO PARTICIPATE IN THE PUBLIC AUCTION FOR THE FORMER SAM'S CLUB BUILDING AND RE -ALLOCATE FUNDS TO GENERAL FUND UNASSIGNED RESERVES 5. APPROVE DEMAND REGISTERS DATED MARCH 16 AND 23, 2018 6. APPROVE REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR DESIGN AND CONSTRUCTION OF THE WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE (PROJECT NO. 2017-01) 7. ACCEPT ON -SITE IMPROVEMENTS ASSOCIATED WITH THE MADISON CLUB RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 33076-2) LOCATED SOUTH OF AVENUE 52, EAST OF MADISON STREET, AND WEST OF MONROE STREET 8. ADOPT A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH LA QUINTA CITY EMPLOYEE ASSOCIATION IMPLEMENTING THE CITY'S EMPLOYEE PERFORMANCE ONLY PAY PLAN 9. ADOPT A RESOLUTION TO RECLASSIFY VARIOUS POSITIONS MOTION - A motion was made and seconded by Councilmembers Pena/Radi to approve Consent Calendar Item Nos. 1-3 and 5-9 as recommended with Item Nos. 8 and 9 adopting Resolution Nos. 2018-011 and 2018-012. Motion passed unanimously. BUSINESS SESSION 1. APPROVE AMENDMENT NO. 3 TO THE FACILITY USE AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION EXTENDING THE TERM TO 2019 FOR THE ANNUAL ARTS FESTIVAL Community Resources Manager Calderon presented the staff report, which is on file in the Clerk's Office. CITY COUNCIL MINUTES Page 4 of 9 APRIL 3, 2018 MOTION - A motion was made and seconded by Councilmembers Pena/Radi to approve Amendment No. 3 to the Facility Use Agreement with the La Quinta Arts Foundation; and authorize the City Manager to execute the agreement. Motion passed unanimously. 2. APPROVE MULTI -AGENCY PARTICIPATING AGREEMENT FOR COACHELLA VALLEY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND PARTICIPATING CITIES OF LA QUINTA, CATHEDRAL CITY, DESERT HOT SPRINGS, COACHELLA, RANCHO MIRAGE, INDIAN WELLS, INDIO, PALM DESERT, PALM SPRINGS, AND THE COUNTY OF RIVERSIDE City Engineer McKinney presented the staff report, which is on file in the Clerk's Office. MOTION - A motion was made and seconded by Councilmembers Pena/Sanchez to approve the Multi Agency Participating Agreement for Coachella Valley Regional Traffic Signal Synchronization Program as recommended; and authorize the City Manager to execute the agreement. Motion passed unanimously. 3. ADOPT A RESOLUTION TO APPROVE A DEBT MANAGEMENT POLICY Finance Director Campos presented the staff report, which is on file in the Clerk's Office. MOTION - A motion was made and seconded by Councilmembers Radi/Pena to adopt Resolution No. 2018-013 approving a Debt Management Policy, as recommended. Motion passed unanimously. 4. ADOPT A RESOLUTION TO APPROVE REVISIONS TO THE CITY'S PURCHASING AND CONTRACTING POLICY Senior Accountant Martinez presented the staff report, which is on file in the Clerk's Office. Council discussed its support for including the existing conflict of interest policy into this policy; adding cannabis to list of inappropriate credit card purchases; periodic, unannounced audits of petty cash; support for policy of limiting City credit cards to two controlled by the City Manager and the Finance Director; difference in gift limits between City policy and Fair Political Practices Commission's rules; federal guidelines for federally -funded projects; and, continuation process to include disadvantaged businesses in projects receiving federal funds. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Pena to adopt Resolution No. 2018-014 approving revisions to the City's Purchasing and Contracting Policy, as recommended. Motion passed unanimously. CITY COUNCIL MINUTES Page 5 of 9 APRIL 3, 2018 5. pulled by Councilmember Fitzpatrick from Consent Calendar Item No. 4 and moved Business Session Item No. 5 for discussion >>> WITHDRAW THE AUTHORITY FOR CITY STAFF TO PARTICIPATE IN THE PUBLIC AUCTION FOR THE FORMER SAM'S CLUB BUILDING AND RE -ALLOCATE FUNDS TO GENERAL FUN UNASSIGNED RESERVES COUNCILMEMBER SANCHEZ ANNOUNCED THAT HE HAS A POTENTIAL CONFLICT OF INTEREST DUE TO POSSIBLE SOURCE OF INCOME FROM THIS PROPERTY AND LEFT THE DAIS DURING DISCUSSION AND VOTE ON THIS ITEM. Council discussed means to keep funds available for future economic development and land acquisition opportunities. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Pena to withdraw the authority for staff to participate in the public auction sale of the former Sam's Club Property and to maintain funds in the land acquisition account in the General Fund for future opportunities. Motion passed ayes 4, noes 0, absent 1 (Sanchez). COUNCILMEMBER SANCHEZ RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING. STUDY SESSION 1. DISCUSS PICKLEBALL COURTS PLACEMENT Parks Superintendent Ambriz presented the staff report, which is on file in the Clerk's Office. Council discussed the converting tennis courts to pickleball courts now versus reevaluating when the skate park and fitness court are completed; long-term recreation planning citywide; regret at converting one tennis court instead of two initially; support for plans to upgrade the adjacent seating area; reserving one pickleball court for walk-ons only; balancing the demands of both tennis and pickleball players; unlikelihood of private clubs opening up for non-members' use of their courts; exploring joint use of courts with the High School and private facilities in the north end of the City; need for use statistics; cost of building new versus conversion. Consensus of the Council was to collect a year of use data for each type of court; explore alternative sites for new tennis and pickleball courts; and, convert one additional tennis court to four pickleball courts during the 2018 summer season. CITY COUNCIL MINUTES Page 6 of 9 APRIL 3, 2018 2. DISCUSS SENATE BILL 1 FUNDS FOR ROAD MAINTENANCE AND REHABILITATION ACT COUNCILMEMBER PENA RECUSED HIMSELF AND LEFT THE DAIS DURING THE DISCUSSION OF THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST RESULTING FROM THE PROXIMITY OF ONE OF THE FIVE PROJECTS, PROJECT NO. 2015-03 - LA QUINTA VILLAGE COMPLETE STREET IMPROVEMENTS, TO HIS BUSINESS PROPERTY. City Engineer McKinney presented the staff report, which is on file in the Clerk's Office. Council discussed the funding source and its reliability; round -about on Eisenhower; and scheduling construction of projects near schools during school holidays. Consensus of the Council was to support the priority ranking and timing of the projects as presented. COUNCILMEMBER PENA RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING. 1��Q:kT/4X01:2u14ZI&14[,TA14*0111F:1111a97_A94 City Engineer McKinney and Associate Planner Carlos Flores presented the staff report, which is on file in the Clerk's Office. Council discussed development services goals for 2018; the new technology staff was required to learn during this time; support for the online services; and, improving the 32% grade. 4. DISCUSS RESERVE POLICY ANALYSIS REPORT AND FINDINGS Finance Director Campos and Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk's Office. Council discussed setting a minimum funding amount per category rather than a set amount or percentage in order to allow for flexibility; need for clarity on the number of Council votes necessary to override or change the policy; importance of a reserve policy in communicating La Quinta's financial stability to the markets and investors; redefining the natural disaster reserve so it's accessible when needed; IRS regulations regarding irrevocable pension trusts; amount appropriate for the unassigned account of the General Fund; capital replacement reserve funds and capital improvement project program funds; police services reserve fund; economic disaster fund. CITY COUNCIL MINUTES Page 7 of 9 APRIL 3, 2018 PUBLIC SPEAKER: Mark Johnson, La Quinta resident and Financial Advisory Commissioner - Mr. Johnson thanked City Clerk Maysels for the thorough risk analysis done and incorporated into the Reserve Policy and to the Clerk and Clerk's staff for the assistance and support provided over the years. PUBLIC SPEAKER: George Batavick, La Quinta resident and Financial Advisory Commissioner - Mr. Batavick thanked the Finance Director and staff for their work on the policy and explained that the intent of the policy is to set goals, not absolutes. Council would determine each year based on budgets if the goals could be met, not met, or exceeded. Consensus of the Council was to establish the new reserve categories as recommended, to determine the cash flow reserve amount annually based on an examination of revenue, and requested staff develop two scenarios for Council to consider: (1) with $8 million of unassigned funds, and (2) with $4 million of unassigned funds remaining and the remainder funding reserves. PUBLIC HEARINGS -None DEPARTMENTAL REPORTS All reports are on file in the City Clerk's Office. City Attorney Ihrke reported that he received correspondence from PGA West in response to Mr. and Mrs. Cudio's public comments at the February 20, 2018 Council meeting, and he will provide the letter to the City Clerk for City records. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Fitzpatrick reported on the success of the Pillars of the Community event and Easter Egg Hunt, and passed along to staff a compliment received on the maintenance of the dog park in north La Quinta. Councilmember Radi reported on the success of the Mission LQ rocket event. Mayor Evans reported on attendance at the Neighborhood Watch Group meeting and their interest in strengthening Propositions 47 and 89; participation in the BIA Mayors' panel; opening of the skate park; attendance at the Trilogy Health Fair and Mr. Grgich's 95th birthday event; and, Coachella Fest logistics update. CITY COUNCIL MINUTES Page 8 of 9 APRIL 3, 2018 REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2018, Mayor Evans reported on her participation in the following organization's meeting: • COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE La Quinta's representative for 2018, Councilmember Pena reported on his participation in the following organization meeting: • JACQUELINE COCHRAN REGIONAL AIRPORT La Quinta's representative for 2018, Councilmember Radi reported on his participation in the following organizations' meeting: • COACHELLA VALLEY ECONOMIC PARTNERSHIP • CVAG TRANSPORTATION COMMITTEE • SUN LINE TRANSIT AGENCY ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Pena/Fitzpatrick to adjourn at 7:00 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 9 of 9 APRIL 3, 2018