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2019 03 05 CC Minutes CITY COUNCIL MINUTES Page 1 of 8 MARCH 5, 2019 CITY COUNCIL MINUTES TUESDAY, MARCH 5, 2019 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:01 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Mayor Evans said she would like to comment on Consent Calendar Item Nos. 9, 10, and 11. Council concurred. CLOSED SESSION 1. 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) 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 NAME OF CASE: THE PEOPLE OF THE STATE OF CALIFORNIA, BY AND THROUGH, THE CITY OF LA QUINTA V. RICHARD BOZEK RIVERSIDE COUNTY SUPERIOR COURT CASE NO. INM1802766  3. 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) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:03 P.M. CITY COUNCIL MINUTES Page 2 of 8 MARCH 5, 2019 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code Section 54957.1 (Brown Act):  Closed Session Item No. 1 – no actions were taken 3 that require reporting;  Closed Session Item No. 2 – Council voted unanimously to authorize the filing pursuant to California Health and Safety Code a receivership action to replace and be in-lieu of the criminal action, after necessary court filings have been completed by the City Attorney’s Office to proceed with the receivership action; and  Closed Session Item No. 3 – no actions were taken 3 that require reporting. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE DIVISION CHIEF ROBERT FISH WITH RIVERSIDE COUNTY FIRE DEPARTMENT Mayor Evans introduced Division Chief Robert Fish with the Riverside County Fire Department who gave a brief presentation of his background and experience. Added >>> INTRODUCE NEW CITY STAFF City Manager Spevacek introduced Public Safety Analyst Alexander Johnson who recently joined the La Quinta team. 2. CITY MANAGER UPDATE ON 2019 IRONMAN TRIATHLON City Manager Spevacek said Staff will schedule for Council consideration a Business Session Item regarding the 2019 Ironman triathlon for the March 19, 2019, meeting; explained Staff’s collaborative efforts with the Riverside County Police Department, City of Indian Wells, Ironman representatives, and other interested parties; Marketing Manager Graham noted three Community Outreach meetings will be held on March 7th at 6 pm at Red Robin, March 11th at 2 pm at La Quinta City Hall, and March 12th at 9 am at La Quinta Wellness Center to allow the community to provide feedback and vote on two proposed CITY COUNCIL MINUTES Page 3 of 8 MARCH 5, 2019 routes for the triathlon; and described the community outreach that will occur should the event be approved for 2019 in collaboration with neighboring cities, Police Department, and the Greater Palm Springs Convention & Visitors Bureau. PUBLIC SPEAKER: Dale Tyerman, La Quinta – spoke in support of the Ironman triathlon event, asked Council to ensure the event is not disruptive to the community, and to improve communications regarding community outreach for the event. City Manager Spevacek explained in detail the on-going collaborative efforts over the last three months between the City, neighboring jurisdictions, and Ironman, and the timeline that led up to the scheduling of the Community Outreach meetings. CONSENT CALENDAR 1. APPROVE MINUTES DATED FEBRUARY 5, 2019 2. APPROVE MINUTES DATED FEBRUARY 19, 2019 3. AUTHORIZE OVERNIGHT TRAVEL FOR INTERIM MANAGEMENT ASSISTANT IN THE CLERK’S OFFICE TO ATTEND THE 2019 CITY CLERKS ASSOCIATION OF CALIFORNIA ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, APRIL 2-4, 2019 4. AUTHORIZE OVERNIGHT TRAVEL FOR COMMUNITY RESOURCES MANAGER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY LEADERSHIP ACADEMY IN SANTA BARBARA, CALIFORNIA, MARCH 11-14, 2019 5. ADOPT 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 HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS [RESOLUTION NO. 2019-003] 6. APPROVE INVESTMENT BROKER MATTHEW D’AVANZO OF STIFEL, NICOLAUS & COMPANY, INC 7. APPROVE DEMAND REGISTERS DATED FEBRUARY 8, 15, AND 22, 2019 8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2019 CITY COUNCIL MINUTES Page 4 of 8 MARCH 5, 2019 9. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE EISENHOWER DRIVE DRAINAGE IMPROVEMENTS LOCATED ON THE WEST SIDE OF EISENHOWER DRIVE BETWEEN AVENIDA FERNANDO AND COACHELLA DRIVE (PROJECT NO. 2015-12B) 10. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE DUNE PALMS ROAD WIDENING IMPROVEMENTS LOCATED ON DUNE PALMS ROAD BETWEEN WESTWARD HO DRIVE AND BLACKHAWK WAY AND 330 FEET NORTH OF THE COACHELLA VALLEY STORM WATER CHANNEL (PROJECT NO. 2009-04) 11. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE PAVEMENT MANAGEMENT PLAN IMPROVEMENTS LOCATED ON AVENUE 52 BETWEEN SILVERROCK WAY AND JEFFERSON STREET (PROJECT NO. PMP 1819) 12. APPROVE UTILITY RELOCATION AND REIMBURSEMENT AGREEMENT BETWEEN CITY OF LA QUINTA AND IMPERIAL IRRIGATION DISTRICT (DUNE PALMS ROAD WIDENING PROJECT NO. 2009-04) Mayor Evans said:  Consent Calendar Item No. 9 – the City purchased land located between the La Quinta Resort and Legacy Villas to improve the water retention, flood control, and storm drain; and Measure G funds are being used to improve the City’s infrastructure;  Consent Calendar Item No. 10 – the Dune Palms Road Widening project is in conjunction with the Dune Palms bridge project in collaboration with Coachella Valley Association of Governments (CVAG), and Measure G funds are being utilized for these capital improvements; and  Consent Calendar Item No. 11 – Pavement Management Plan improvements along Avenue 52, between SilverRock Way and Jefferson St, were originally slated to be completed last fiscal year, but the schedule was aligned to coincide with the Coachella Valley Water District pipe improvements and to avoid having to do the same work twice. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve the Consent Calendar as recommended, with Item No. 5 adopting Resolution No. 2019-003. Motion passed unanimously. CITY COUNCIL MINUTES Page 5 of 8 MARCH 5, 2019 BUSINESS SESSION 1. ADOPT A RESOLUTION TO APPROVE AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES TO ESTABLISH A SECTION 115 PENSION TRUST; AND AUTHORIZE THE TRANSFER, FORMATION OF A NEW FUND, AND APPROPRIATE $6,540,000 TO THIS FUND [RESOLUTION NO. 2019-004] Finance Director Campos presented the staff report, which is on file in the Clerk’s Office. Council discussed the City’s efforts to ensure pension obligations are funded; the City can change investments strategy at any point and to decide how to assign future Pension Fund allocations. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2019-004 to approve an agreement with Public Agency Retirement Services to establish a Section 115 Pension Trust; and authorize the transfer, formation of a new fund, and appropriate $6,540,000 to this fund; and authorize the City Manager to execute the agreement. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) Motion passed unanimously. 2. APPOINT ONE COUNCILMEMBER TO SERVE AS CITY REPRESENTATIVE ON THE IMPERIAL IRRIGATION DISTRICT (IID) ENERGY CONSUMERS ADVISORY COMMITTEE (ECAC) FOR A FOUR-YEAR TERM ENDING DECEMBER 2022 Council waived presentation of the staff report, which is on file in the Clerk’s Office. Council discussed that Councilmember Sanchez was re-appointed to represent the Council on the ECAC in December 2018 but his reappointment was not approved by the IID Board; appointing another Councilmember; ability for anyone to attend ECAC’s meetings as an observer; ability to ask the City Manager to appoint a Staff member to represent the City; lack of interagency courtesy on ECAC’s part; City of Indio is currently not participating either; requesting that the City’s resident representative report on ECAC’s business; and Council’s support for AB854 which seeks to add six additional Board seats for Riverside County to ensure that individuals who receive power from IID have a voice. CITY COUNCIL MINUTES Page 6 of 8 MARCH 5, 2019 MOTION – A motion was made and seconded by Councilmembers Fitzpatrick to appoint Councilmember Peña to serve as City representative on Imperial Irrigation District Energy Consumers Advisory Committee for a four-year term ending December 2022. Motion died due to the lack of a second. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to appoint Councilmember Sanchez to serve as City representative on Imperial Irrigation District Energy Consumers Advisory Committee for a four-year term ending December 2022. Motion passed unanimously. STUDY SESSION 1. DISCUSS CALLE TECATE PARKING SURVEY RESULTS Management Specialist Ferreira, City Engineer Bryan McKinney, and Traffic Engineer Steve Libring presented the staff report, which is on file in the Clerk’s Office. Council discussed the survey results based on resident feedback regarding whether or not to keep the parking on the north side of the street; the total number of parking spaces along Calle Tecate; widening the road would require using conservation land; and reasons for the reported collisions along this street segment. Mayor Evans noted for the record that written comments were received by Marc Berger and Bill Cranham, both La Quinta residents, in support of removing the parking along the north side of Calle Tecate, replacing it with a bike lane, and reducing the speed limit to 30 miles per hour. PUBLIC SPEAKER: Noble Mandeville, La Quinta – said he has lived in the area for a long time; folks who park in the designated area are a nuisance to the residents; spoke in support to eliminate the parking on the north side of Calle Tecate, and move it to the south side or to the existing parking lots; and said implementing additional stop signs would not provide a solution. PUBLIC SPEAKER: Jeff Smith, La Quinta – said he is a member of the Steering Committee with the Cove Neighborhood Association; adding more stop signs has not been discussed with residents; the Steering Committee is in support to eliminate the parking and have bike lanes on both sides of the street, which would achieve the desired results by residents; commended the City for installing a parking lot; and residents are supportive to remove the parking because the safety gained outweighs the inconvenience of having guests that won’t be able to park along the street. CITY COUNCIL MINUTES Page 7 of 8 MARCH 5, 2019 Council discussed the existing traffic survey allows Staff to reduce the speed limit from 35 to 30 miles per hour; residents are affected by the speeding on Calle Tecate; the recommended solution options do not have to be implemented at the same time and can be phased out; eliminating parking along Calle Tecate will possibly move the noise nuisance up north into the Avenidas; the land to the west is conservation land and would require approval from wildlife agencies in order to convert it into a public parking lot; benefits of moving the parking to the south side of the street; selecting one option does not preclude implementing the other options at a later time; and timeline on installing a restroom at the top of the Cove. Council reached a consensus to move forward and lower the speed limit from 35 to 30 miles per hour. Council provided general support to remove the parking along Calle Tecate all together and gather community feedback to evaluate results and how it is received by residents; and identify the land owners to the west of the existing parking lot and what would be the approval process to build another parking lot. PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. 1-A. CITY MANAGER – MOBILE HOME PARK CODE ENFORCEMENT City Manager Spevacek presented the departmental report which is on file in the Clerk’s Office. Council discussed the need for additional staff resources in order to assume code enforcement responsibility from the Department of Housing and Community Development (HCD); the City can notify HCD of any violations, and it is within HCD’s purview to determine if there are violations per state regulations and seek remedy from the mobile home park owner; if the City assumed code enforcement, it would be limited to imposing state regulations only; any interested party can file a complaint and HCD has an obligation to respond; compensation for acting as the enforcement agency is minimal and it is listed in state code; and looking into drafting an ordinance to identify the enforcement limitation under state law. Council reached a consensus and directed Staff to send out a letter to HCD listing the City’s concerns regarding the condition of the mobile home park and why and inquire when it was last inspected by HCD; and to identify the CITY COUNCIL MINUTES Page 8 of 8 MARCH 5, 2019 resources needed to assume enforcement responsibility and the limitations under state law the City would be subject to. 1-B. CITY MANAGER – CITY BOUNDARY ADJUSTMENT – CV LINK City Manager Spevacek presented the department report, which is on file in the Clerk’s Office. Council reached unanimous consensus and directed Staff to move forward with making a formal request with the City of Indian Wells to adjust the City boundary to include the property located directly behind the Point Happy shopping center. MAYOR’S AND COUNCIL MEMBERS’ ITEMS – None REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2019, Mayor Evans reported on her participation in the following organization’s meeting:  CVAG EXECUTIVE COMMITTEE La Quinta’s representative for 2019, Councilmember Peña reported on his participation in the following organization’s meeting:  CANNABIS AD HOC COMMITTEE (Peňa & Sanchez) La Quinta’s representative for 2019, Councilmember Radi reported on his participation in the following organization’s meeting:  SUNLINE TRANSIT AGENCY ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 5:54 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California