2015 07 07 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, JULY 7, 2015
A regular meeting of the La Quinta City Council was called to order at 3:02 p.m. by
Mayor Evans.
PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None
JOINT CLOSED SESSION OF CITY COUNCIL AND HOUSING AUTHORITY
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: THE
SOUTHEAST CORNER OF WASHINGTON STREET AND HIDDEN RIVER ROAD
(APNs 609-040-007, 609-040-023, 609-040-028, 609-040-029, 609-051-007
AND 609-051-003)
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTIES: SANDER AND PAULA SALKIND, URBAN HOUSING
COMMUNITIES AND COACHELLA VALLEY HOUSING COALITION
UNDER'NEGOTIATION: PRICE AND TERMS OF PAYMENT
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT:
SILVERROCK RESORT (APNS 770-200-026; 776-150-021; 776-150-023; 770-
060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-
062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490-
014)
AGENCY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER, NEGOTIATING
PARTY: SILVERROCK DEVELOPMENT, LLC.
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR ACQUISITION
AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED
3. CONFERENCE WITH LABOR NEGOTIATOR, WILLIAM H. IHRKE, CITY ATTORNEY,
REGARDING UNREPRESENTED EMPLOYEE FRANK J. SPEVACEK, CITY
MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957.6
COUNCIL RECESSED TO CLOSED SESSION AT 3:03 P.M.
CITY COUNCIL MINUTES
JULY 7, 2015
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:13 P.M. WITH ALL
MEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED SESSION THAT
REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1
(BROWN ACT).
Councilmember Pena led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Neeta Quinn, La Quinta - Ms. Quinn spoke about her opposition to
accepting government funds for fair housing and sustainable development, and
distributed printed material to the Council, which is on file with the City Clerk and
available for public review.
CONFIRMATION OF AGENDA
Councilmembers agreed to pull the following Consent Calendar Items for discussion
and/or a separate vote: 11, 14, 16, and 22.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
Tawny Castro, Emergency Operations Coordinator, presented an update of the City's
emergency services.
CONSENT CALENDAR
1. APPROVE MINUTES OF JUNE 162 2015
2. APPROVE REDUCTION OF REGULAR CITY COUNCIL MEETINGS TO ONE PER
MONTH DURING AUGUST AND SEPTEMBER 2015 BY CANCELLING REGULAR
MEETINGS OF AUGUST 18 AND SEPTEMBER 1, 2015
3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS FOR THE MONTHS
OF MARCH, APRIL AND MAY 2015
4. RECEIVE AND FILE TREASURER'S REPORT FOR THE MONTH ENDED APRIL 2015
S. APPROVE DEMAND REGISTERS DATED MAY 29, JUNE 3, 12 AND 19, 2015
6. APPROVE INTERAGENCY AGREEMENT WITH RIVERSIDE COUNTY AND ACCEPT
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS
7. DENY THE CLAIM FOR DAMAGES FILED BY CYNTHIA DOMINGUEZ; DATE OF
LOSS - MAY 7, 2015
CITY COUNCIL MINUTES 2
JULY 7, 2015
8. DENY THE CLAIM FOR DAMAGES FILED BY MAYRA MARTINEZ; DATE OF LOSS -
MAY 7, 2015
9. EXCUSE ABSENCES FOR PLANNING COMMISSIONERS BETTENCOURT AND
WRIGHT AND COMMUNITY SERVICES COMMISSIONER JOHNSON
10. AUTHORIZE OVERNIGHT TRAVEL FOR HUMAN RESOURCES/RISK MANAGER TO
ATTEND CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL
EDUCATIONAL FORUM FROM SEPTEMBER 23-25, 2015 IN SAN FRANCISCO,
CALIFORNIA
11. pulled by Councilmember Osborne for separate vote >>> APPROVE
PROFESSIONAL SERVICES AGREEMENT WITH THE ALTUM GROUP FOR THE
VILLAGE BUILDOUT PLAN ENVIRONMENTAL IMPACT REPORT
12. APPROVE MEMORANDUM OF UNDERSTANDING WITH COACHELLA VALLEY
RESCUE MISSION TO SUPPORT OPERATIONS
13. ADOPT RESOLUTION REQUESTING COUNTY OF RIVERSIDE TO PLACE
COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-
FAMILY DWELLINGS ON TAX ROLLS [RESOLUTION 2015-0303
14. pulled by Mayor Evans for comments >>> ADOPT RESOLUTION TO EXTEND
TIME TO COMPLETE OFF-SITE AND ON-SITE IMPROVEMENTS FOR PALIZADA,
LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE STREET [RESOLUTION
2015-0311
15. ITEM PULLED FROM AGENDA PRIOR TO RELEASE
16. pulled by Mayor Evans for comments and a separate vote >>> ADOPT
RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE IMPROVEMENTS FOR
THE RESIDENCE CLUB AT PGA WEST DEVELOPMENT [RESOLUTION 2015-0321
17. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF-SITE AND ON-SITE
IMPROVEMENTS FOR A THREE LOT SUBDIVISION NORTH OF CALLE AMIGO
AND EAST OF AVENIDA BERMUDAS [RESOLUTION 2015-0331
18. APPROVE OVERNIGHT TRAVEL FOR FIVE COUNCILMEMBERS AND CITY
MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
IN SAN JOSE, CALIFORNIA, SEPTEMBER 30 TO OCTOBER 2, 2015
19. APPROVE CONTRACT SERVICES AGREEMENT WITH AVIR INCORPORATED FOR
COUNCIL CHAMBER AUDIO/VIDEO/CONTROL SYSTEM REPLACEMENT
CITY COUNCIL MINUTES 3
JULY 7, 2015
20. REJECT ALL BIDS AND AUTHORIZE READVERTISEMENT OF THE INTERIOR
PHASE OF THE LIBRARY 10TH ANNIVERSARY IMPROVEMENTS PROJECT
21. AWARD CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR FISCAL YEAR
2015/16 SLURRY SEAL PROGRAM
22. pulled by Councilmember Radi for a separate vote >>> AWARD CONTRACT TO
NEW CONSTRUCTION SOLUTIONS INC. FOR PHASE I OF THE AMERICANS WITH
DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY
23. AWARD CONTRACT TO RG GENERAL ENGINEERING FOR PHASE II OF THE
AMERICANS WITH DISABILITIES ACT SPORTS COMPLEX AND YMCA FACILITY
IMPROVEMENTS
Councilmember Osborne announced that he has a conflict of interest on Item No.
I I due to a business relationship with Altum Group.
MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to
approve Consent Calendar Items Nos. 1-10, 12-13, 17-21 and 23 as recommended
with Item Nos. 13 and 17 adopting Resolution Nos. 2015-030 and 2015-033,
respectively. Motion passed unanimously.
MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to
approve Consent Calendar Item No. 11 as recommended.
Motion passed: ayes 4, noes 0, absent 1 (Osborne due to conflict of interest).
PUBLIC SPEAKER: Kevin Canning representing KB Homes - Mr. Canning requested a
two-year extension on Consent Calendar Item No. 14 instead of the one-year
extension recommended in the staff report.
MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to
approve Consent Calendar Item No. 14 for a one-year extension as recommended in
the staff report. Motion passed unanimously.
MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to
approve Consent Calendar Item No. 16 as recommended in the staff report. Motion
passed unanimously.
MOTION - A motion was made and seconded by Councilmembers Franklin/Pena to
approve Consent Calendar Item No. 22 as recommended in the staff report.
Motion passed: ayes 4, noes 1 (Radi)
PUBLIC SPEAKER: Darla Burkett representing the Coachella Valley Rescue Mission - Ms.
Burkett thanked the Council for their financial support and provided statistics on the
number of clients being served.
CITY COUNCIL MINUTES 4
JULY 7, 2015
BUSINESS SESSION
1. APPROVE MEMORANDUM OF UNDERSTANDING WITH COUNTY OF RIVERSIDE
FOR LIBRARY AND MUSEUM MANAGEMENT
Deputy City Manager Hylton presented the staff report, which is on file in the City
Clerk's Office.
Councilmembers discussed the length of the contract; funding sources; new
bookmobile service in the northern section of the City; and success of the
collaboration between the library and museum.
MOTION - A motion was made and seconded by Councilmembers Franklin/Pena to
approve the Memorandum of Understanding with the County of Riverside for library
and museum management for a term of five years. Motion passed unanimously.
2. APPOINT PRIMARY AND ALTERNATE DELEGATE FOR NEWLY CREATED EAST
VALLEY COALITION
Management Analyst Shove presented the staff report, which is on file in the City
Clerk's office.
MOTION - A motion was made and seconded by Councilmembers Franklin/Pena to
appoint Councilmember Osborne as La Quinta's primary delegate and Councilmember
Pena as the alternate for the newly created East Valley Coalition. Councilmembers
Osborne and Pena accepted the nomination. Motion passed unanimously.
3. INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 OF THE
MUNICIPAL CODE RELATING TO ANIMALS
Animal & Code Compliance Supervisor Moreno presented the staff report, which is on
file in the City Clerk's Office.
Councilmembers discussed tracking dangerous dogs coming into La Quinta;
enforcement abilities and penalties for dog bites; definition of dangerous versus
vicious dog; City process followed after a dog bite; appeal options; Code Officers' time
to confirm conditions imposed on dangerous dogs are being met; proposed micro -
chipping requirements; remedies for barking dogs;-, maximum number of dogs
permitted per address; correlating the number of dogs -allowed with the size of the
property and the size of the dog(s); limits posed by basing the decision on a biting
dog's fate solely on the severity of injuries caused; broadening the evaluation criteria;
parameters and criteria for when a biting dog can be euthanized; City's liability in dog
bite cases; location of dog quarantine after biting incident; role of Hearing Officers; use
of County dog behaviorist to evaluate biting dogs; estimated number of dog bite
CITY COUNCIL MINUTES 5
JULY 7, 2015
incidents per year (24) and estimated number that are deemed vicious (12); and the
need to know the legal definition between a dog bite and a dog attack.
PUBLIC SPEAKER: Patrick Swarthout, La Quinta - Mr. Swarthout said that his wife and
her dog were attacked and bitten by a pit bull on January 29, 2015, resulting in both
requiring 13 stitches each. The biting dog was permitted to serve the 10 -day
quarantine period in the owner's home. Mr. Swarthout recommended that all
quarantined dogs be housed at the County's animal campus to prevent inadvertent
escape. He said the dog that bit his wife is still in the Cove, which should not be
allowed.
City Attorney Ihrke suggested that staff
comments and suggestions of the Council
information and suggestions.
conduct further research based on the
and return at a later date with additional
MOTION - None. Matter returned to staff for further research.
4. RE -INTRODUCE ORDINANCE 526 AMENDING SEVERAL CHAPTERS OF
MUNICIPAL CODE TITLE 5 RELATING TO BUSINESS REGULATIONS AND
DELETING CHAPTERS 5.16, 5.28, 5.44, 5.52, AND 11.60
City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office.
MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to
take up Ordinance No. 526 by title and number only and waive further reading thereby
amending several chapters of Municipal Code Title 5 relating to business regulations
and deleting Chapters 5.16, 5.28, 5.44, 5.52 and 11.60. Motion passed unanimously.
MOTION.- A motion was made and seconded by Councilmembers Franklin/Radi to re-
introduce Ordinance No. 526 amending several chapters of Municipal Code Title 5
relating to business regulation provisions and deleting Chapters 5.16, 5.28, 5.44, 5.52
and 11.60. Motion passed unanimously.
STUDY SESSION
1. CODE COMPLIANCE/ANIMAL CONTROL STAFFING RESOURCES ASSESSMENT
Code Compliance/Animal Control Officers Meredith, _ Escatel, Rodarte, . Supervisor
Moreno and Community Development Director Johnson presented the staff report,
which is on file in the City Clerk's Office.
Councilmembers discussed number of cases,' inspections and complaints; County's
ability to enforce La Quinta's Code; mechanics of transition from City animal control
personnel to County personnel; labor hours recaptured if animal control is transferred
to the County; proactive versus reactive code enforcement; complaint response time;
CITY COUNCIL MINUTES 6
JULY 7, 2015
benefits of proactive code compliance services including short-term vacation rental
education and monitoring; role of Community Service Officers in code compliance and
animal control; existence of funding in 2015/16 budget to cover transitioning animal
control to the County; savings to 2015/16 budget if a new animal control vehicle isn't
needed; and pros and cons of contracting with the County for a one-year term versus
a three-year term.
PUBLIC SPEAKER: Richard Gray, La Quinta - Mr. Gray asked that Code Compliance
Officers help combat the West Nile virus by addressing pooled water on properties and
also take notice of the many block walls in sad shape as well as crumbling patio
covers.
By a consensus of the Council, staff was directed to negotiate with the County and
return to the Council with a recommended contract for the County to provide animal
control services, which would result in the City's Code Compliance staff having
additional hours to proactively encourage and enforce Municipal Code compliance.
2. DISCUSS RETAINING LOBBYIST SERVICES
Office Assistant Kinley and Chris Escobedo, Assistant to City Manager, presented the
staff report, which is on file in the City Clerk's Office.
Councilmembers discussed the measurable benefits of hiring a lobbyist to keep the
City informed and promote the City's positions to Sacramento legislators versus
relying on staff; the scope of the League of California Cities lobbying activities and
cost; the extent of the Coachella Valley Association of Government's lobbying
activities in Sacramento; possibility of hiring a lobbyist on a case-by-case or month-to-
month basis or jointly with a few other cities; and the part Councilmembers' contact
with lawmakers plays in promoting La Quinta's interests as well as campaign
contributions to legislators.
There was a consensus among Councilmembers to direct staff to issue a Request for
Proposals for lobbying services which should include a request for costs on a per
project basis and on a per month basis. Additionally, staff was directed to explore a
joint agreement with the cities of Indian Wells and Palm Desert for lobbying services.
PUBLIC HEARINGS - None
DEPARTMENT REPORTS
1. COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) IHUB ACCELERATOR
PROJECT PLANNING GRANT REPORT
Chris Escobedo, Assistant to City Manager, presented the department report, which is
on file in the City Clerk's Office.
CITY COUNCIL MINUTES 7
JULY 7, 2015
Councilmembers discussed the Phase 2 grant application submitted by CVEP; concerns
about CVEP's ability to follow through with goals/mission; need for CVEP to clearly
define its mission; possibility of CVEP engaging a consultant at the City's expense to
provide focus and help CVEP develop and adhere to goals; the need for CVEP to
provide a regional platform and for La Quinta to be a regional player; option of
contributing the annual $10,000 membership fee to get a seat on the CVEP board; and
desire for 100 percent consensus of CVEP Board of Directors to accept and implement
the recommendations of the consultant before one is hired.
Councilmembers reached a consensus to present a proposal to CVEP's Executive Board
whereby CVEP hires, and La Quinta funds, an independent study to determine CVEP's
purpose, structure, and measurable goals to promote economic development in the
Valley if there is unanimous Board agreement to conduct such a study and accept and
implement the results of the study; and held to its decision not to contribute the
annual CVEP membership fee of $10,000 at this time.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Councilmember Franklin confirmed with staff that skaters and parents will have input
on the design of the skate park.
Councilmember Osborne provided an update on the status of the overdue financial
report from the Chamber of Commerce.
Councilmember Radi described a City marketing opportunity during the golf
tournament at the Stadium course. City Manager Spevacek said that staff will provide
more information for further discussion on this idea.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2015, Mayor Evans, reported on her participation in the
following organization's meeting:
• CVAG EXECUTIVE COMMITTEE
La Quinta's representative for 2015, Councilmember Franklin, reported on her
participation in the following organization's meeting:
• SUNLINE TRANSIT AGENCY (just elected Chair)
La Quinta's representative for 2015, Councilmember Radi, reported on his participation
in the following organization's meeting:
• COACHELLA VALLEY ECONOMIC PARTNERSHIP
CITY COUNCIL MINUTES 8
JULY 7, 2015
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Franklin/Radi to adjourn at 7:23 p.m. Motion passed unanimously.
Respectfully submitted,
&: Digitally signed by City of La Quinta
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'Of La Quinta, cn=City of La Quinta
Date: 2015.07.22 07:59U8 -07'00'
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SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 9
JULY 7, 2015