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2016 03 15 CC MinutesCITY COUNCIL MINUTES 1 MARCH 15, 2016 CITY COUNCIL MINUTES TUESDAY, MARCH 15, 2016 A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Peña, Radi, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON AGENDA – None CONFIRMATION OF AGENDA Councilmember Franklin requested that Consent Calendar Item No. 8 be moved to Business Session No. 4 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 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) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTY: SILVERROCK DEVELOPMENT COMPANY, LLC. UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR ACQUISITION AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1). ALVERIZ ET AL. V. CITY OF LA QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1503161; BARTON ET AL. V. CITY OF LA QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1505200 COUNCIL RECESSED THE OPEN SESSION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:01 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES 2 MARCH 15, 2016 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). Councilmember Pena led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKERS: The following people spoke against the commercial project proposed for Washington Street and Avenue 50: 1. Diane Barrett, La Quinta 2. Kate Sorenson, La Quinta 3. Dennis Lubas, La Quinta 4. Debi Brewer, La Quinta 5. Michael Elliott, La Quinta 6. Scott Doyle, La Quinta 7. Lisa Blodgett, La Quinta 8. Michael Harrington, address not provided PUBLIC SPEAKER: Kate Sorenson, La Quinta – Ms. Sorenson spoke in favor of establishing La Quinta as an art community by attracting art-related businesses and activities to the City. PUBLIC SPEAKER: Michael Harrington, no address – Mr. Harrington addressed crime in the east Coachella Valley and concern about the Chandi Group. PUBLIC SPEAKER: Susie Harvey, Board Member, Family YMCA of the Desert – Ms. Harvey thanked the City Council for their continued support and provided information on the varied services the organization provides throughout the City. PUBLIC SPEAKERS: Sylvia Corsini, La Quinta – Ms. Corsini, the property manager at Fairway Villas, stated the City issued a Notice of Violation resulting from the homeowners’ association’s (HOA) removal of oleander plants. She requested financial assistance from the City to cover the cost to design and replant the area with desertscape plants after which the HOA would maintain it. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATIONS RECOGNIZING ADVISORY COMMITTEE MEMBERS Mayor Evans and Councilmembers Franklin, Osborne, Peña and Radi presented proclamations to nine Advisory Committee Members in attendance in recognition and appreciation of the time, talents and resources they voluntarily contributed to the benefit of the La Quinta community. CITY COUNCIL MINUTES 3 MARCH 15, 2016 2. Councilmember Osborne announced that Mayor Evans was recognized as Woman-of-the-Year for the 42nd Assembly District with a ceremony March 14, 2016 in Sacramento. CONSENT CALENDAR 1. APPROVE MINUTES OF MARCH 1, 2016 2. APPROVE SPECIAL MEETING MINUTES OF FEBRUARY 24, 2016 3. 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 2016-006] 4. APPROVE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE AND ADVERTISE THE EISENHOWER DRIVE SOIL STABILIZATION IMPROVEMENT PROJECT FOR BID 5. AWARD CONTRACT TO THREE PEAKS CORP FOR CONSTRUCTION OF LA QUINTA PARK RESTROOM PROJECT 6. ADOPT RESOLUTION URGING THE GOVERNOR, LEGISLATURE, AND JUDICIAL COUNCIL TO WORK TOGETHER TO REALLOCATE JUDICIAL RESOURCES TO ENSURE EQUAL ACCESS TO JUSTICE FOR ALL CALIFORNIANS [RESOLUTION 2016- 007] 7. APPROVE DEMAND REGISTERS DATED FEBRUARY 26, MARCH 3 AND 4, 2016 8. pulled by Councilmember Franklin and moved to Business Session No.4 for discussion and separate vote >>> APPROVE A MITIGATION IMPLEMENTATION AGREEMENT WITH THE BUREAU OF RECLAMATION AND CORAL CANYON, LLC. FOR THE CORAL CANYON PROJECT AND RELATED PUBLIC ROADWAY AND MULTI-PURPOSE TRAIL PUBLIC SPEAKER: Michael Harrington, attorney, no address – Regarding Consent Calendar item No. 6, Mr. Harrington said that more judges will not solve the problem of the backlog in family and juvenile courts, instead, community courts need to be established. MOTION – A motion was made and seconded by Councilmembers Radi/Franklin to approve the Consent Calendar Item Nos. 1 through 7 as recommended, with Item Nos. 3 and 6 adopting Resolutions No. 2016-006 and 2016-007 respectively. Motion passed unanimously. CITY COUNCIL MINUTES 4 MARCH 15, 2016 BUSINESS SESSION 1. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER 5.82 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT CERTAIN RETAIL SALES OF DOGS AND CATS IN THE CITY OF LA QUINTA [ORDINANCE NO. 534] Code Compliance Supervisor Moreno and Public Safety Manager Mendez presented the staff report, which is on file in the City Clerk’s Office. PUBLIC SPEAKERS: The following people spoke in favor of the Ordinance: 1. Lisa Blodgett, La Quinta 2. Tiffani La Boe, La Quinta 3. Deborah Hardy-Godley, La Quinta MOTION – A motion was made and seconded by Councilmembers Radi/Franklin to take up Ordinance No. 534 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the title of Ordinance No. 534 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 5.82 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT CERTAIN RETAIL SALES OF DOGS AND CATS IN THE CITY OF LA QUINTA MOTION – A motion was made and seconded by Councilmembers Radi/Franklin to introduce Ordinance No. 534 on first reading. Motion passed unanimously. 2. UPDATE ON SILVERROCK RESORT DEVELOPMENT AND APPROVAL OF THE MASTER SITE DESIGN City Consulting Economist McMillen presented the staff report, which is on file in the City Clerk’s Office. Robert Green, Silverrock Development Company presented details of the site plan. MOTION – A motion was made and seconded by Councilmembers Osborne/Radi to approve the master site design as recommended by the SilverRock Development Company for development of the Silverrock property. Motion passed unanimously. 3. APPROVE LEGISLATIVE POLICY GUIDE Management Assistant Villalpando presented the staff report, which is on file in the City Clerk’s Office. CITY COUNCIL MINUTES 5 MARCH 15, 2016 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve the Legislative Policy Guide as amended to add references to the Salton Sea. Motion passed unanimously. 4. APPROVE A MITIGATION IMPLEMENTATION AGREEMENT WITH THE BUREAU OF RECLAMATION AND CORAL CANYON, LLC. [moved from Consent Calendar Item No. 8] Design and Development Director Jonasson presented the staff report, which is on file in the City Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Franklin/Peña to approve the Mitigation Implementation Agreement with the U.S. Bureau of Reclamation (BOR) and Coral Canyon, LLC with the following added to, and accepted as part of the motion: Council understands that the developer has agreed to BOR terms and Council does not wish to stall development but for the record, Council does not support the BOR’s requirement for the developer/HOA to install sheep fencing if Big Horn Sheep are sited on the property because fencing is a great expense, and this portion of the Sheep’s route to Valley land is ineffective. Furthermore, the Council does not approve of the one-sidedness of the Agreement in the BOR’s favor or the burden of enforcement placed on the City. Motion passed unanimously as amended. MAYOR EVANS CALLED A FIVE MINUTE RECESS MAYOR EVANS RECONVENED THE MEETING WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS TITLES 8 AND 9 OF MUNICIPAL CODE DEVELOPMENT REVIEW PROCESS Planning Manager Perez presented the staff report, which is on file in the City Clerk’s Office. Councilmembers discussed the proposed changes and advised staff to bring proposed Municipal Code Title changes to Council as action items. PUBLIC HEARINGS – None DEPARTMENT REPORTS All reports are on file in the City Clerk’s Office. CITY COUNCIL MINUTES 6 MARCH 15, 2016 MAYOR’S AND COUNCIL MEMBER’S ITEMS Mayor Evans and Members of the City Council gave verbal reports on recent events and items of interest. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2016, Mayor Evans reported on her participation in the following organizations’ meeting:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2016, Councilmember Osborne reported on his participation in the following organization’s meeting:  EAST VALLEY COALITION La Quinta’s representative for 2016, Councilmember Peña reported on his participation in the following organizations’ meeting:  CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE  CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE La Quinta’s representative for 2016, Councilmember Radi reported on his participation in the following organization’s meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Osborne to adjourn at 7:01 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California NOTE: Due to equipment malfunction, this meeting was not recorded and City Clerk notes taken during the meeting were minimal due to other demands.