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2019 11 05 CC MinutesCITY COUNCIL MINUTES Page 1 of 11 NOVEMBER 5, 2019 CITY COUNCIL MINUTES TUESDAY, NOVEMBER 5, 2019 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, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Mayor Evans noted for the record that the City received written comments by Jim and Barbara Lambert regarding short-term vacation rental compliance, which has been incorporated into the record and made available to the public. CONFIRMATION OF AGENDA Mayor Evans said she will comment on Consent Calendar Item No. 11 regarding the City’s Fiscal Year 2019/20 Pavement Management Plan Slurry Seal Improvements. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: WASHINGTON-111, LTD., CLAIMANT, V. CITY OF LA QUINTA, RESPONDENT, JUDICATE WEST ALTERNATIVE DISPUTE RESOLUTION CASE NO. A257070 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. BOZEK, RIVERSIDE COUNTY SUPERIOR COURT CASE NO. INM1802766 CITY COUNCIL MINUTES Page 2 of 11 NOVEMBER 5, 2019 3. 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 RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:02 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 that require reporting;  Closed Session Item No. 2 – no actions were taken that require reporting; and  Closed Session Item No. 3 – Council will continue consideration of this item after the open session portion of the meeting. PLEDGE OF ALLEGIANCE Councilmember Peña led the audience in the Pledge of Allegiance. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – item taken out of agenda order 1. PROCLAMATION HONORING THE 25TH ANNIVERSARY OF THE CALIFORNIA DESERT PROTECTION ACT Executive Director Tammy Martin with Friends of the Desert Mountain said the organization is a non-profit; its objective is land conservation; it is the support group for the Santa Rosa and San Jacinto Mountains National Monument; its volunteer core is approximately 125 concerned citizens determined to help protect the conservation of land resources in the Coachella Valley; briefly mentioned some of their efforts; include trail repairs, weed abatement, staffing the Visitor Center on Highway 74, and Friends and Champions: An Evening Under the Desert Stars event scheduled to be held on November 7, 2019, at The Vintage Club in Indian Wells; and noted she is a La Quinta resident. CITY COUNCIL MINUTES Page 3 of 11 NOVEMBER 5, 2019 Mayor Evans on behalf of the City Council presented Ms. Martin with a proclamation honoring the 25th anniversary of the California Desert Protection Act. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Mr. Brad Anderson, Rancho Mirage – submitted written comments and spoke about challenges he experienced in providing public comment during the October 8, 2019, Board of Trustees public meeting of the Coachella Valley Mosquito and Vector Control District (CVMVCD), and the November 1, 2019, CVMVCD Executive Committee public meeting; the written comments have been incorporated into the record, and made available to the public. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – continued 2. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (CVB) UPDATE BY SCOTT WHITE, CEO President and CEO Scott White, Chief Marketing Officer Colleen Pace, and Chief Sales Officer Mark Crabb with the CVB reported on the organization’s marketing and promotional efforts, collaborative business partnerships, and accomplishments over the last year. CONSENT CALENDAR 1. APPROVE MINUTES OF OCTOBER 15, 2019 2. EXCUSE ABSENCE FOR PLANNING COMMISSIONER PROCTOR FROM THE OCTOBER 22, 2019 PLANNING COMMISSION MEETING 3. APPROVE RECIPIENT FOR THE 2020 SENIOR INSPIRATION AWARD 4. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND 2020 VISIT CALIFORNIA FORUM IN SAN DIEGO, CALIFORNIA, FEBRUARY 9–12, 2020 5. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGEMENT SPECIALIST TO ATTEND CAPIO EMERGENCY COMMUNICATIONS ACADEMY IN SACRAMENTO, CALIFORNIA, FEBRUARY 3–6, 2020 CITY COUNCIL MINUTES Page 4 of 11 NOVEMBER 5, 2019 6. AUTHORIZE OVERNIGHT TRAVEL FOR THE FINANCE DEPARTMENT MANAGEMENT ASSISTANT AND CITY CLERK DEPARTMENT ADMINISTRATIVE ASSISTANT TO ATTEND THE LASERFICHE EMPOWER 2020 CONFERENCE IN LONG BEACH, CALIFORNIA, FEBRUARY 11–14, 2020 7. AUTHORIZE OVERNIGHT TRAVEL FOR CITY CLERK DEPARTMENT MANAGEMENT ASSISTANT TO ATTEND CITY CLERKS’ ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 300 IN RIVERSIDE, CALIFORNIA, MARCH 10–13, 2020 8. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND CITY CLERKS’ ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 400 IN RIVERSIDE, CALIFORNIA, JUNE 16–19, 2020 9. AUTHORIZE OVERNIGHT TRAVEL FOR FACILITIES MAINTENANCE WORKER I TO ATTEND THE FIRST YEAR OF MAINTENANCE MANAGEMENT SCHOOL IN LAKE ARROWHEAD, CALIFORNIA, NOVEMBER 11–15, 2019 10. APPROVE AMENDMENT NO. 8 TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL TO PERFORM ADDITIONAL SERVICES FOR THE SILVERROCK WAY PROJECT NO. 2014-17/141513 AND THE SILVERROCK VENUE PROJECT NO. 2016-08 11. AWARD CONTRACT TO PAVEMENT COATINGS CO. FOR THE FISCAL YEAR 2019/20 PAVEMENT MANAGEMENT PLAN SLURRY SEAL IMPROVEMENTS LOCATED ON AVENUE 54, MADISON STREET, AVENUE 58, AND CALLE TECATE (PROJECT NO. 2019-10) 12. APPROPRIATE $138,839 OF UNASSIGNED GENERAL FUND RESERVES, APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE DUNE PALMS ROAD DRAINAGE IMPROVEMENTS LOCATED ON THE EAST SIDE OF DUNE PALMS ROAD AND SOUTH SIDE OF WESTWARD HO DRIVE (PROJECT NO. 2015-12D/151612) 13. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED AUGUST 31, 2019 CITY COUNCIL MINUTES Page 5 of 11 NOVEMBER 5, 2019 14. APPROVE DEMAND REGISTERS DATED OCTOBER 11 AND 18, 2019 CONSENT CALENDAR ITEM NO. 11 Mayor Evans said the City continues to invest in its infrastructure as it is an important part of the quality of life the City offers to its residence; this item commits just under one million dollars to the City’s pavement management plan slurry seal improvement. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1.APPROVE LOT LINE ADJUSTMENT, ACCESS EASEMENT, AND AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS OF PORTIONS OF REAL PROPERTY AT 46150- 46176 DUNE PALMS ROAD (APNs 600-030-022 AND -023) FROM THE LA QUINTA HOUSING AUTHORITY TO THE CITY OF LA QUINTA FOR FUTURE PARK AND DRAINAGE IMPROVEMENTS Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve lot line adjustment, access easement, and sale of portions of real property at 46150 – 46176 Dune Palms Road (APNs 600-030- 022 and -023) from the La Quinta Housing Authority to the City of La Quinta for $1,061,456 for future park and drainage improvements; and authorize the City Manager to execute the purchase and sale agreement. Motion passed unanimously. 2. INTRODUCE AN ORDINANCE AT FIRST READING TO AMEND TITLE 8 OF THE LA QUINTA MUNICIPAL CODE AND ADOPT THE 2019 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS [ORDINANCE NO. 581] Interim Building Official AJ Ortega presented the staff report, which is on file in the Clerk’s Office. Riverside County Fire Chief Fish said adopting the code amendments as proposed would align the City with the majority of Riverside County, which CITY COUNCIL MINUTES Page 6 of 11 NOVEMBER 5, 2019 gives Fire Department staff a general platform to enforce the same safety standards and requirements for all business; this also ensures continuity, and facilitates enforcement; and introduced Riverside County Assistant Deputy Fire Marshall Ken King. Council discussed fire retardant roof standards; required safety standards for eves; new code requirements would not be applicable retroactively, and would only apply should improvements cross a certain threshold of the total size of the structure or change in occupancy ratings; importance to implement regulations that ensure safety, as well to allow some flexibility for businesses and residents; MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to take up Ordinance No. 581 by title and number only and waive further reading. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 581 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8 OF THE LA QUINTA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA BUILDING STANDARDS CODE AND CERTAIN SPECIFIED APPENDICES THEREOF, INCLUDING THE 2019 CALIFORNIA ADMINISTRATIVE CODE; 2019 CALIFORNIA BUILDING CODE; 2019 CALIFORNIA RESIDENTIAL CODE; 2019 CALIFORNIA ELECTRICAL CODE; 2019 MECHANICAL CODE; 2019 CALIFORNIA PLUMBING CODE; 2019 CALIFORNIA ENERGY CODE; 2019 CALIFORNIA HISTORICAL BUILDING CODE; 2019 CALIFORNIA FIRE CODE; 2019 CALIFORNIA EXISTING BUILDING CODE; 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND 2019 CALIFORNIA REFERENCED STANDARDS CODE, AND MAKING FINDINGS OF LOCAL CONDITIONS WITHIN THE CITY OF LA QUINTA WHICH MAKE CERTAIN AMENDMENTS TO THE CALIFORNIA BUILDINGS STANDARDS CODE REASONABLY NECESSARY MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to introduce at first reading Ordinance No. 581 as recommended. Motion passed unanimously. 3. APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 7, 2020 City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 7 of 11 NOVEMBER 5, 2019 Council discussed the City’s Annual Community Workshop that is scheduled for Saturday, January 11, 2019, at the La Quinta Wellness Center. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to cancel the regular City Council meeting of January 7, 2020. Motion passed unanimously. 4. RECEIVE AND FILE FISCAL YEAR 2018/19 GENERAL FUND YEAR- END BUDGET REPORT AND APPROVE THE AMENDED BUDGET CARRYOVERS Finance Director Romero commended the collective efforts of City staff, and Riverside County Fire and Sheriff’s Departments staff for being fiscally responsible, contract management, and monitoring of City affairs to ensure the City’s fiscal stability; and presented the staff report, which is on file in the Clerk’s Office. Council commended City staff, and Riverside County Fire and Sheriff’s Departments staff for their collaboration and teamwork, and efforts to mitigate increases in costs, while maintaining a high level of service; and thanked the Financial Advisory Commission for their dedication and valuable recommendations on the City’s reserve policy and plan. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to receive and file fiscal year 2018/19 General Fund Year-end Budget Report; and approve the amended budget carryovers from 2018/19 to 2019/20. Motion passed unanimously. STUDY SESSION 1. DISCUSS PROPOSED AMENDMENTS TO TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO MINIMUM LOT SIZES, FLAGPOLES, SPECIFIC PLAN REQUIREMENTS, AND GARAGE REQUIREMENTS Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed that density, lot coverage and setback requirements are not affected by the proposed code change regarding lot sizes located in the south- east part of the City; lot size and other general requirements for equestrian uses; the lot size code amendment is only applicable to low-density residential; existing flagpoles installed prior to February 14, 2019, will be grandfathered in as legal non-conforming, and will not be affected by the CITY COUNCIL MINUTES Page 8 of 11 NOVEMBER 5, 2019 proposed flagpole requirements; accessory dwelling units are subject to a different section of the code and could be subject to additional California state requirements; tandem garages are allowed in the Cove; the proposed alternative parking options would allow home owners flexibility on satisfying the two-car garage requirement; ability to require that driveways are screened from public view if they are used to satisfy the two-car garage requirement; a code amendment that would address one’s ability to put in shade structures or carports would also require setback code amendment; the City must provide design flexibility in the Cove, but also ensure that its historical and unique structural design is not lost; ability to implement code amendments to certain residential districts only; initially amending the parking requirements only for non-conforming single-family residences in a certain area, and revisiting it at a later time to consider possible implementation city-wide; Council reached a consensus and directed Staff to proceed with:  Remove the 20,000 square foot minimum lot size requirement for subdivisions that are 10 acres or less, located south of Avenue 52 and west of Monroe Street;  Amend standards for flagpoles to allow flagpoles to be constructed within any yard that does not abut a residential lot;  Remove Specific Plan requirement for properties 10 acres or less in Regional Commercial (CR) district, and allow developments to be regulated by CR standards and be consistent with the General Plan; and  Amend parking requirements, initially only within a specific residential district, for non-conforming single-family residences creating a threshold where the two-car garage requirement is only necessary if applicant proposed an addition that exceeds 50% of the square feet of existing living area; for additions 50% or less than existing living area, off-street parking for two cars can be satisfied by other means, such as a driveway or carport. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:51 P.M. MAYOR EVANS RECONVENED THE MEETING AT 5:56 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS – After 5:00 P.M. 1. RECEIVE AND FILE REPORTS FOR ACTIVE ECONOMIC SUBSIDY AGREEMENTS Management Analyst Ferreira and Finance Director Romero presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 9 of 11 NOVEMBER 5, 2019 Council discussed that Staff was not able to obtain employment information from Hobby Lobby to include in the report. Council directed City Attorney Ihrke to work with Staff and send out follow-up correspondence to Hobby Lobby outlining the City’s statutory obligations under state law and requesting the employment information again. Council discussed the SilverRock Development Company agreement terms. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:06 P.M. PUBLIC SPEAKER: None. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:06 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to receive and file reports for active economic subsidy agreements. Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Council reported on their attendance at the annual Employee Recognition celebration held on November 1, 2019, in PGA West, and commended Staff for their efforts and dedication. Councilmember Peña reported on his attendance and the great turn out at the Brew in LQ City event on November 2, 2019, held in the One-Eleven Shopping Center. Councilmember Peña reported on his attendance, along with Councilmember Fitzpatrick and Mayor Evans, at the volunteers’ “meet and greet” kick-off meeting for the La Quinta Art Celebration event, held on October 30, 2019, at Mimi’s Café in La Quinta; and he said the team was moving in the right direction. Councilmember Fitzpatrick said Public Safety Analyst Moreno forwarded email correspondence to her acknowledging Community Resources Specialist Caroline Doran from the La Quinta Wellness Center for her efforts in assisting a local veteran find a home through homeless services; and commended Ms. Doran’s commitment to impact the community in the most positive way possible. CITY COUNCIL MINUTES Page 10 of 11 NOVEMBER 5, 2019 Mayor Evans reported on her attendance at the La Quinta Rotary Club as the lunch speaker on November 1, 2019, at the Cliff House. She provided a brief City update, and received very positive feedback, despite the La Quinta Complete Streets project being underway and related traffic impacts. Mayor Evans reported on her attendance at the 90th birthday celebration of La Quinta resident Vick Ferrari on November 4, 2019. This was donated by Costco and held in the food court. Mayor Evans stated that she attended a luncheon on November 5, 2019, hosted by Southern California Gas Company to continue to educate and increase awareness on the importance of having balanced energy sources and countering the proposed legislation to impose electricity as the sole energy source option. Mayor Evans suggested the City explore the formation of an advisory short- term vacation rental ad-hoc committee, comprised of citizens and Staff. City Manager McMillen noted this item will be scheduled for Council consideration at the November 19 regular Council meeting. Councilmember Peña reported that he attended the Agua Caliente Casino ground breaking ceremony in Cathedral City on November 4, 2019. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2019, Mayor Evans reported on her participation in the following organizations’ meetings:  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU  LEAGUE OF CALIFORNIA CITIES La Quinta’s representative for 2019, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2019, Councilmember Radi reported on his participation in the following organizations’ meetings:  CVAG TRANSPORTATION COMMITTEE  GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE  SUNLINE TRANSIT AGENCY CITY COUNCIL MINUTES Page 11 of 11 NOVEMBER 5, 2019 3. Continued >>> 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 6:24 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:10 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Manager McMillen reported no actions were taken on Closed Session Item No. 3 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 Radi/Sanchez to adjourn at 7:10 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California