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2018 12 18 CC MinutesCITY COUNCIL MINUTES TUESDAY, DECEMBER 18, 2018 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 2:30 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 City Manager Spevacek said he will recuse himself should there be any discussion on Consent Calendar Item No. 3 due to a potential conflict of interest stemming from the proximity of his residence to the proposed Americans with Disabilities Act (ADA) improvements on Avenida Bermudas. Councilmember Sanchez requested that Consent Calendar Item No. 13 be pulled for a separate vote. Mayor Evans requested that Consent Calendar Item No. 3 be pulled for a separate vote as she will abstain from discussion and vote on this item due to a potential conflict of interest stemming from the proximity of her residence to the proposed ADA improvements on Avenida Bermudas. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: COMMUNITY RESOURCES DIRECTOR CHRIS ESCOBEDO; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION 2. CONSULTATION REGARDING THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO GOVERNMENT CODE SECTION CITY COUNCIL MINUTES Page 1 of 13 DECEMBER 18, 2018 54957; CONSULTATION WITH RIVERSIDE COUNTY SHERIFF'S DEPARTMENT, SERGEANT STEPHEN DAVIS COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 2: 34 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). PLEDGE OF ALLEGIANCE Mayor Pro Tern Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Mayor Evans explained the Public Comment process for the audience. Mayor Evans said the City will be issuing letters of apology to La Quinta residents and businesses regarding the traffic challenges experienced during the Ironman 70.3 Indian Wells La Quinta Triathlon held on Sunday, December 9, 2018; noted that safety was the City's main priority; there is certainly room for improvement and the City is assessing different options; meetings are occurring between Staff, the Ironman team, sister cities, and Riverside County Sheriff's Department personnel who worked during the event; all comments and information received are being collected and analyzed by Staff, and are shared with the Ironman team; the City has a three-year contractual obligation for this event; and Staff is working collaboratively with all parties involved to identify better routes and ensure no traffic challenges occur during future events, and to minimize any impact to residents and businesses. The following PUBLIC SPEAKERS provided comments regarding this event: • Bonnie Kondor, La Quinta • Greg Gamboa, La Quinta • Terje "TY Berger, La Quinta • Darryl Manco, La Quinta • Kim Dozier, Palm Desert • Alan Woodruff, La Quinta • Lori Rudy, La Quinta • Nathan Mach, La Quinta CITY COUNCIL MINUTES Page 2 of 13 DECEMBER 18, 2018 BUSINESS SESSION 1. ADOPT RESOLUTION TO CERTIFY THE OFFICIAL CANVASS OF ELECTION RESULTS FOR THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 6, 2018 [RESOLUTION 2018-060] City Clerk Radeva presented the staff report, which is on file in the Clerk's Office. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2018-060 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON THE SIXTH DAY OF NOVEMBER 2018, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 2. 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. MOTION - A motion was made and seconded by Councilmembers Pena/Fitzpatrick to select Councilmember Sanchez to serve as Mayor Pro Tempore for one year as recommended. Motion passed unanimously. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS - None. CONSENT CALENDAR 1. APPROVE MINUTES DATED DECEMBER 4, 2018 2. EXCUSE ABSENCES FOR PLANNING COMMISSIONER CALDWELL FROM THE JANUARY 8 AND 22, 2019 PLANNING COMMISSION MEETINGS AND PLANNING COMMISSIONER BETTENCOURT FROM THE DECEMBER 11, 2018 PLANNING COMMISSION MEETING 3. pulled for separate vote by Mayor Evans > > > APPROVE PROJECT SCOPE CHANGE AND APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE AVENIDA BERMUDAS AMERICANS WITH DISABILITIES ACT RAMP IMPROVEMENTS PROJECT (PROJECT NO. 2018-02) CITY COUNCIL MINUTES Page 3 of 13 DECEMBER 18, 2018 4. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PROVIDE ADDITIONAL ENGINEERING ANALYSIS FOR WASHINGTON STREET DRAINAGE IMPROVEMENTS (PROJECT NO. 2015-12A) 5. ADOPT RESOLUTION TO APPROVE FINAL PARCEL MAP NO. 37520 LOCATED ON THE NORTHWEST CORNER OF BLACKHAWK WAY AND DUNE PALMS ROAD [RESOLUTION 2018-0611 6. RECEIVE AND FILE FISCAL YEAR 2017/18 DEVELOPMENT PROJECT FEE REPORT 7. RECEIVE AND FILE FISCAL YEAR 2017/18 ART IN PUBLIC PLACES ANNUAL REPORT 8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2018 9. APPROVE DEMAND REGISTERS DATED NOVEMBER 30 AND DECEMBER 7, 2018 10. AUTHORIZE OVERNIGHT TRAVEL FOR SENIOR ACCOUNTANT AND ACCOUNTANT TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION ANNUAL CONFERENCE IN LOS ANGELES, CALIFORNIA, MAY 19 - 221 2019 11. AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT ASSISTANT AND ADMINISTRATIVE ASSISTANT TO ATTEND CITY CLERK ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 100 IN RIVERSIDE, CALIFORNIA, MARCH 12 - 15, 2019 12. AUTHORIZE OVERNIGHT TRAVEL FOR HUMAN RESOURCES ANALYST AND ADMINISTRATIVE TECHNICIAN TO ATTEND THE PUBLIC AGENCY RISK MANAGEMENT ASSOCIATION CONFERENCE IN ANAHEIM, CALIFORNIA, FEBRUARY 10 - 13, 2019 13. pulled for separate vote by Councilmember Sanchez > > > AUTHORIZE OVERNIGHT TRAVEL FOR ONE COUNCILMEMBER TO ATTEND LEAGUE OF CALIFORNIA CITIES NEW MAYORS AND COUNCIL MEMBERS ACADEMY IN IRVINE, CALIFORNIA, JANUARY 30 - FEBRUARY 1, 2019 CITY COUNCIL MINUTES Page 4 of 13 DECEMBER 18, 2018 14. AUTHORIZE OVERNIGHT TRAVEL FOR ONE COUNCILMEMBER TO ATTEND LEAGUE OF CALIFORNIA CITIES PUBLIC SAFETY POLICY COMMITTEE MEETINGS IN SACRAMENTO, CALIFORNIA, JANUARY 16 AND JUNE 12, 2019 MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve Consent Calendar Item Nos. 1, 2, 4 - 12, and 14, as recommended, with Item No. 5 adopting Resolution No. 2018-061. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Pena/Fitzpatrick to pull Consent Calendar Item No. 13 from the agenda without Council consideration. Motion passed unanimously. Mayor Evans said she will abstain from discussion and vote on Consent Calendar Item No. 3 due to a potential conflict of interest stemming from the proximity of her residence to the proposed ADA improvements on Avenida Bermudas. MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve Consent Calendar Item No. 3 as recommended Motion passed - ayes 4, noes 0, abstain 1 (Evans). BUSINESS SESSION - Continued 3. INTERVIEW CANDIDATES AND APPOINT ONE RESIDENT TO SERVE ON THE FINANCIAL ADVISORY COMMISSION FOR AN UNEXPIRED TWO- YEAR TERM ENDING JUNE 30, 2020 City Clerk Radeva presented the staff report, which is on file in the Clerk's Office. The following candidates gave a brief presentation of their experience and qualifications: • Corry Hunter • Robert Leidner Results of the ballot vote: Councilmember Fitzpatrick - Corry Hunter Councilmember Pena - Corry Hunter Councilmember Radi - Robert Leidner Councilmember Sanchez - Corry Hunter Mayor Evans - Corry Hunter CITY COUNCIL MINUTES Page 5 of 13 DECEMBER 18, 2018 Council thanked all applicants for their community engagement and willingness to serve the City. MOTION - A motion was made and seconded by Councilmembers Radi/Sanchez to appoint Corry Hunter to serve on the Financial Advisory Commission for an unexpired two-year term ending June 30, 2020. Motion passed unanimously. 4. APPROVE TEE TIMES TRIAL BOOKING TRIAL PROGRAM FOR SILVERROCK GOLF COURSE WHERE RESIDENT CARD HOLDERS MAY BOOK UP TO 22 PERCENT OF TEE TIMES 7 DAYS IN ADVANCE City Economist McMillen presented the staff report, which is on file in the Clerk's Office. Council discussed the covenants for booking tee times under Amendment No. 3 to the Purchase, Sale, and Development Agreement between the City and SilverRock Development Company; the Pendry and Montage hotels are slated to open December 2020 per the existing schedule of performance; a pilot trail program requires a start and an end date, and the collection of data to analyze its performance, which should be conducted during peak season to collect accurate data to analyze the impact on revenue and operations; the number of SilverRock Golf Course resident card holders compared to resident tee times frequency of use; should a trial program be implemented, if there are no challenges for residents to book tee times under the existing program. Mayor Evans noted that Mr. Johnson provided written comments to Council expressing support of Staff's recommendations for this item. PUBLIC SPEAKER: Andy Vossler, President & CEO of Landmark Golf Management, LLC, said resident use of the golf course has been consistent the last 4-5 years; there are a lot of changes that will be coming as the SilverRock development progresses; implementing a trial program may adversely affect seasonal residents and golf course operating staff; the existing program is working and residents are being accommodated; and the time change from 12:00 a.m. to 5:00 a.m. for tee time booking was implemented as requested by the resident golfers. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to maintain the tee times booking program for SilverRock golf course as is. Motion passed unanimously. CITY COUNCIL MINUTES Page 6 of 13 DECEMBER 18, 2018 Council commended City Economist McMillen for the research and analysis conducted for this item. 5. ANNUAL COUNCIL APPOINTMENTS TO SERVE ON VARIOUS OUTSIDE AGENCIES FOR 2019 Council waived presentation of the staff report, which is on file in the Clerk's Office. Council discussed vacancies and volunteered to serve on various outside agencies for 2019 calendar year based on their interests and availability. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to appoint Councilmembers to serve on various outside agencies for 2019 as detailed on Attachment No. 1 to the staff report with the following amendments: • Civic Center Art Purchase Committee 2019 - Councilmembers Fitzpatrick and Radi • CVAG General Assembly - 2019 Alternate - Mayor Pro Tern Sanchez • Coachella Valley Economic Partnership 2019 - Member/Alternate: Mayor Pro Tern Sanchez/Councilmember Radi • Coachella Valley Water District Joint Policy Committee 2019 - Alternate: Mayor Pro Tern Sanchez • East Valley Coalition 2019 - Alternate: Mayor Pro Tern Sanchez • Jacqueline Cochran Regional Airport Authority is being dissolved effective January 2019 • Riverside Local Agency Formation Commission 2019 - Mayor Pro Tern Sanchez, and adding this commission to the list Motion passed unanimously. 6. APPROVE RECIPIENT FOR THE 2019 SENIOR INSPIRATION AWARD Community Resources Manager Calderon presented the staff report, which is on file in the Clerk's Office. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Juan Salas as the La Quinta recipient for the 2019 Senior Inspiration Award as recommended. Motion passed unanimously. CITY COUNCIL MINUTES Page 7 of 13 DECEMBER 18, 2018 STUDY SESSION 1. DISCUSS FRITZ BURNS POOL SERVICE COSTS FOR YEAR- ROUND OPERATION Park Superintendent Ambriz presented the staff report, which is on file in the Clerk's Office. Council discussed pool heater purchase and installation costs were previously approved as a capital improvement project and slated for installation in early 2019; estimated program costs; revenues received from pool operations go to the contractor and not the City; City expenses will include facility maintenance costs and contracting out operations; user fees will be comparable to similar facilities in the valley; types of programs and services that will be offered; Silver Sneakers program, which sponsors activities and social events designed to keep seniors healthy while encouraging social interaction, is currently not being offered at the pool through the YMCA; YMCA membership fees are waived for La Quinta residents; parking availability; operating hours and days; and exploring partnering opportunities between the operating contractor and medical providers to encourage senior use of the facility. Council thanked the La Quinta Mermaids for their feedback and support. PUBLIC SPEAKER: Doriel Wyler, La Quinta - asked for clarification whether the cost for heating the pool was included in the cost analysis presented tonight. Staff responded costs associated with heating the pool were included. Council reached a consensus and expressed support for expanding the Fritz Burns pool to year-round operations; and directed Staff to contract out the operations of the facility. PUBLIC HEARINGS - After 5:00 p.m. 1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTIONS OF TITLES 3, 6, 8, 9, 11, AND 13 OF THE LA QUINTA MUNICIPAL CODE TO STREAMLINE DEVELOPMENT PROCESS AND STANDARDS; CEQA: EXEMPT PURSUANT TO SECTION 15061 (b)(3) [ORDINANCE NO. 577] Associate Planner Flores presented the staff report, which is on file in the Clerk's Office. CITY COUNCIL MINUTES Page 8 of 13 DECEMBER 18, 2018 Council discussed proposed temporary pods permit requirements and allowed timeframes; amending the approval authority for waiver of undergrounding utilities from Council to the Planning Commission (PC), and applicable appeal procedures; removing the requirement to construct additional garage spaces for homes with four or more bedrooms when adequate parking spaces are available; addition of development standards for installation of flagpoles, which would require a building permit and Staff will provide applicants with a copy of the U.S. Flag Code; the City is not liable for claims occurring from individual homeowners' flagpoles; aligning signage allowances for sidewalk sales permits with special event permits for consistency; clarifying front yard parking allowances; eliminating parking facility design restrictions for multi -family residential developments; amending permit requirements for telecommunication facilities to streamline the process; removing cooking facilities requirements from Hotel and Motel definitions; amending setback requirements for installing pool equipment in side yards to mirror requirements for ground -mounted mechanical equipment, amending the approval authority for both to be the PC due to potential adverse impacts to neighbors caused by the noise this type of equipment can generate, and requiring that a notice be provided to all affected neighbors prior to PC considers the matter; adding an inadvertently deleted code Section 11.08.040 related to noise; and allowing parcel mergers to occur via a lot line adjustment, which is consistent with the Subdivision Map Act. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:58 P.M. PUBLIC SPEAKER - None. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:58 P.M. MAYOR EVANS DECLARED THE PUBLIC HEARING RE -OPENED AT 5:58 P.M. PUBLIC SPEAKER: Alisa Grow, La Quinta - requested that Council require Staff to provide applicants obtaining a flagpole permit with resources identifying the protocol for flying the American flag at half-staff, such as halfstaff.org, www.legion.org, etc. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:59 P.M. MOTION - A motion was made and seconded by Councilmembers Pena/Sanchez to make a finding, included in Ordinance No. 577, as amended, that adopting this ordinance is exempt under the California Environmental Quality Act pursuant to Section 15061 (b)(3) Review of CITY COUNCIL MINUTES Page 9 of 13 DECEMBER 18, 2018 Exemptions - General Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report. MOTION - A motion was made and seconded by Councilmembers Pena/Fitzpatrick to take up Ordinance No. 577 by title and number only and waive further reading. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 577 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS OF TITLES 3, 6, 81 9, 11, AND 13 OF THE LA QUINTA MUNICIPAL CODE RELATED TO STREAMLINE DEVELOPMENT PROCESS AND STANDARDS MOTION - A motion was made and seconded by Councilmembers Pena/Radi to introduce at first reading Ordinance No. 577 as recommended. Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk's Office. 1. CITY MANAGER Marketing Coordinator Graham said Staff is monitoring all social media responses received from the community regarding the Ironman 70.3 Indian Wells La Quinta Triathlon; noted some responses have been posted from fake accounts and violate the City's social media platform disclaimer; and these comments are being hidden from the City's accounts and reported to the appropriate authorities. 2. CITY ATTORNEY - UPDATE FROM RIVERSIDE COUNTY DISTRICT ATTORNEY'S ROUNDTABLE FOR CITY ATTORNEYS REGARDING COMMUNITY ACTION TEAMS City Attorney Ihrke said the Riverside County (County) District Attorney (DA) announced during a recently held roundtable that at the beginning of 2019, the County will make a Deputy DA Investigator available to meet with Councilmembers and city staff from cities within the County, and if requested can provide updates during Council meetings; the County is currently identifying who will serve in these capacities. CITY COUNCIL MINUTES Page 10 of 13 DECEMBER 18, 2018 4. COMMUNITY RESOURCES - DESERT X PROGRAM PROPOSAL Community Resources Director Escobedo presented the department report, which is on file in the Clerk's Office. Council discussed proposed shuttle transportation and routes which will be provided by Desert X; potential adverse traffic impacts to the surrounding communities and safety challenges; anticipated attendance; surrounding cities monetary contributions and support such us "info -hubs," "murals," "art installations," etc.; the City's cost to implement a traffic control plan is estimated at a little over $50,000, which is in addition to the $50,000 contribution requested by Desert X; permission from The Village Shopping Center property owner/manager is required to use the area as event parking and shuttle stop; the duration of the event in La Quinta; potential clean-up challenges; possible alternative sites; considering locations that are already well traveled and traffic control would not be a concern; and the site is designed as a retention basin. PUBLIC SPEAKER: Jenny Gil, Executive Director with Desert X - thanked Staff for their collaboration in planning the Desert X events; said the art projections will be played from 6:30 p.m. to 8:30 p.m. each night, and attendees would have to reserve a free ticket online in order to attend; explained the nature and content of the Native American text -based art projection and how it will be displayed; and stated Desert X was committed to gain the support of all nine cities in the Coachella Valley. PUBLIC SPEAKER: Tia Vanich, Executive Producer with Desert X - spoke about the shuttle routes, pick-up and drop-off locations, and related signage. Council reached a consensus and directed Staff not to go forward with the Desert X event. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Pena asked for an update on the equestrian trail system. City Manager Spevacek said the item will be scheduled for Council's consideration as a Study Session on January 15 or February 5, 2019; in addition, the ingress and egress of La Quinta Polo Estates will also be a discussion topic. Councilmember Pena said he had received resident comments expressing concerns regarding the lighting and crossing at La Quinta Community Park on Avenida Montezuma. City Manager Spevacek explained the crosswalk and lighting improvements on Avenida Montezuma are included in the La CITY COUNCIL MINUTES Page 11 of 13 DECEMBER 18, 2018 Quinta Village Complete Streets project and will be installed as part of the round -about improvements; if there is a community concern, temporary lighting can be installed. Mayor Pro Tern Sanchez reported on his attendance at the Riverside County Sheriff's Department "Blue Light" ceremony held on December 12 in Riverside at the County Administrative Center, honoring fallen police officers; he said it was well attended and very moving. Councilmember Radi reported on his attendance of the annual Community - Emergency -Response -Teams (CERT) Holiday Celebration, held at La Quinta Fire Station 32 on December 12, 2018, along with Councilmembers Fitzpatrick and Sanchez, and Mayor Evans; and said it was very well organized. Mayor Evans said she visited the Farmer's Market at Old Town La Quinta this past Sunday and it was extremely busy. Mayor Evans said she and Mayor Pro Tern Sanchez attended the City of Indio Council meeting last week to honor leaving office Councilmembers Wilson and Troy. Councilmember Fitzpatrick noted the City's annual Tree Lighting Ceremony held on December 7, 2018, at the Civic Center Park was very innovative, well executed, everyone loved the train, and had high attendance. Councilmember Fitzpatrick said the annual Casita Lighting held on December 5, 2018 by the La Quinta Historical Society had a great turn -out, despite the rain. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2018, Mayor Evans reported on her participation in the following organization's meeting: • GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU Mayor Evans said she attended the Holiday Open House held by Senator Jeff Stone on December 12, at the Senator's District Office in Indio and represented La Quinta. La Quinta's representative for 2018, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) CITY COUNCIL MINUTES Page 12 of 13 DECEMBER 18, 2018 La Quinta's representative for 2018, Councilmember Radi reported on his participation in the following organizations' meeting: • COACHELLA VALLEY ECONOMIC PARTNERSHIP • SUNLINE TRANSIT AGENCY Lt. Tapp said the Menorah, which was on display at Old Town La Quinta and reported stolen, was located in a storage shed where an employee had stored it; and that two suspects were taken into custody related to the La Quinta Park strong armed robbery, and no one had sustained any injuries. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Radi to adjourn at 6:55 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 13 of 13 DECEMBER 18, 2018