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2016 07 19 CC MinutesCITY COUNCIL MINUTES TUESDAY, JULY 19, 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, Pena, Radi, Mayor Evans ABSENT: None CONFIRMATION OF AGENDA — Confirmed CLOSED SESSION 1. LABOR NEGOTIATIONS CONFERENCE WITH LABOR NEGOTIATOR, CHRIS ESCOBEDO, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS COUNCIL RECESSED THE OPEN SESSION PORTION 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 4:01 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTIONS) 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 OSBORNE LED THE AUDIENCE IN THE PLEDGE OF ALLEGIANCE. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Senator Jeff Stone, 281" Senate District — Senator Stone introduced his District Director, Glenn Miller, and three Interns working in his office. He urged residents to contact his office at any time as he and his staff are ready to serve and assist regarding any state, national or local level matter. The Senator said that as member of the State's Public Safety and Labor Committee, he is fighting for issues that are very important to La Quinta including keeping California competitive and business - friendly. CITY COUNCIL MINUTES 1 JULY 19, 2016 ANNOUNCEMENTS PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS Mayor Evans and Councilmembers presented Proclamations to the following Commissioners and Board Member in gratitude for their service: Sharrell Blakeley Kevin Maevers Leila Namvar David Park Peggy Redmon Ray Rooker Linda Williams 1a. INTRODUCTION OF NEW FIRE CHIEF Fire Captain LaClair introduced the new La Quinta Fire Chief: Jorge Rodriguez, Division Chief, East Desert Division, Riverside County Fire Department. 2. SHORT-TERM VACATION RENTAL PROGRAM Cindy Gosslin, President of Vacation Rental Compliance (City Consultant) gave an update on the program followed by a question and answer period with the Council. CONSENT CALENDAR 1. APPROVE MINUTES OF JULY 5, 2016 2. APPROVE MINUTES OF JUNE 29, 2016 SPECIAL COMMUNITY ART WORKSHOP MEETING 3. APPROVE DEMAND REGISTERS DATED JUNE 30, JULY 1 AND JULY 8, 2016 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 30, 2016 5. APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA FOR ART ON MAIN STREET EVENT MARKETING SERVICES 6. APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH LANDMARK CONSULTANTS, INC. AND GEOCON WEST, INC. FOR ON -CALL MATERIALS TESTING SERVICES 7. APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH MSA CONSULTING, INC. AND NV5 FOR ON -CALL CONSTRUCTION SERVEYING SERVICES MOTION — A motion was made and seconded by Councilmembers Radi/Osborne to approve the Consent Calendar as recommended. Motion passed unanimously. CITY COUNCIL MINUTES 2 JULY 19, 2016 BUSINESS SESSION 1. ADOPT RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2016-0009 FOR THE WIDENING OF DUNE PALMS ROAD FROM WESTWARD HO DRIVE SOUTHERLY TO DUNE PALMS BRIDGE Consultant Principal Planner Nicole Criste presented the staff report, which is on file in the City Clerk's Office. Principal Engineer Wimmer announced that Coachella Valley Association of Government (CVAG) will be contributing to the project, reducing the City's estimated budget from $1.2 million to approximately $600,000. Councilmembers discussed CVAG's funding of right-of-way matters; status of the funding agreement with CVAG; parameters of federal grant funds; bridge improvement's dependency on completing road widening project, and; the inclusion/omission of a raised median in the design. PUBLIC SPEAKER: Jose Benavides, La Quinta — Mr. Benavides said he was a 26-year resident of the trailer park on Dune Palms, runs a day care center out of his home and will be impacted by the street widening. He said he is open to working with the City and hopes the City works with him and the others impacted. PUBLIC SPEAKER: Jeff Stoker, representative of the Kingdom Hall of Jehovah's Witness — Mr. Stoker said they were in favor of the project, but had design concerns such as signage, turn lanes, etc. MOTION — A motion was made and seconded by Councilmembers Pena/Radi to adopt Resolution No. 2016-031 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2016-0009 FOR THE DUNE PALMS WIDENING PROJECT; CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2016- 0009; APPLICANT: CITY OF LA QUINTA Motion passed unanimously. 2. APPROVE VOLUNTARY COLLECTION AGREEMENT WITH AIRBNB, INC. TO COLLECT AND REMIT TRANSIENT OCCUPANCY TAX City Attorney William Ihrke presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the possibility of requiring a bond from Airbnb, Inc.; ability to rely on Airbnb, Inc. to share La Quinta registrants with the City; the requirement of Airbnb, Inc. to release client addresses to City; the standard City recourses in the agreement for non-performance by Airbnb, Inc.; the continued role of a short-term vacation rental compliance consultant for the City; Airbnb, Inc.'s duties and financial CITY COUNCIL MINUTES 3 JULY 19, 2016 and possibly political incentive to perform; benefit to owners to use Airbnb, Inc.'s services; percentage of owners using Airbnb, Inc. vs. VRBO; concerns of property management companies; need to monitor the agreement, and notify the Council quickly if it's not working, and; adding information regarding this agreement to the City's registration packets, the website and other means to get the word out. MOTION — A motion was made and seconded by Councilmembers Radi/Osborne to approve the agreement with Airbnb, Inc. as recommended. Motion passed unanimously. 3. INTRODUCE ORDINANCE AMENDING SECTION 3.25.060(B) OF THE MUNICIPAL CODE RELATING TO APPLICATION FEE FOR SHORT-TERM VACATION RENTAL PERMITS 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. 542 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 542 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 3.25.060(B) OF THE MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTAL PERMIT APPLICATION FEES MOTION — A motion was made and seconded by Councilmembers Franklin/Pena to introduce at first reading Ordinance No. 542. Motion passed unanimously. STUDY SESSION ITEM MOVED TO AFTER PUBLIC HEARING ITEMS SO THE PUBLIC HEARING MAY START AT 5:00 P.M., THE TIME FOR WHICH THEY WERE NOTICED PUBLIC HEARINGS (started 5:03p) 1. ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 36817 TO SUBDIVIDE APPROXIMATELY 4.6-ACRE SITE INTO 10 RESIDENTIAL LOTS AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Principal Planner Jay Wuu presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the height of the north wall; lot setback requirements; developer's plan for the lots; disturbance to Ziegler's driveway and duration of disturbance; Subdivision Improvement Agreement bond coverage and Encroachment Permit assurance against temporary access extending into a long-term situation, and; CITY COUNCIL MINUTES 4 JULY 19, 2016 requirement to construct temporary access to fire department standards which should also meet horse trailer needs. PUBLIC SPEAKER — APPLICANT'S REPRESENTATIVE: Benjamin Egan, PE, PLS, Palm Desert — Mr. Egan said the applicant will rebuild the road and at no time will the Ziegler's be cut off from their property. A bond will insure their access. In addition, utilities will be stubbed to the Ziegler's site. Mr. Egan asked the Council to adopt the Planning Commission's recommendations. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:30 P.M. PUBLIC SPEAKER: Tom Brohard, La Quinta — Mr. Brohard said he owns a neighboring property to this project in the Estates at La Quinta and he is a member of its Board of Directors. He said that he and the majority of his neighbors were initially opposed to this project. He noted that after discussions and accommodations by the developer, 8 out of the 12 neighboring property owners are now in support and two are neutral. He also stated that the Homeowners Association's Board of Directors supports the project. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:36 P.M. MAYOR EVANS REOPENED THE PUBLIC HEARING AT 5:46 P.M. TO ALLOW NEWLY ARRIVED SPEAKERS TO PARTICIPATE PUBLIC SPEAKER: Roy Ziegler, La Quinta — Mr. Ziegler, representative of his mother who owns the property that has an access easement through this development, explained that the critical issues are (a) the developer completing the new road access in a timely manner; (b) the developer completing the under -road utility installation, curbs and gutters at the same time as the road, and; (c) the City imposing provisions, such as bonds, that makes (a) and (b) enforceable. PUBLIC SPEAKER — APPLICANT'S REPRESENTATIVE: Benjamin Egan, PE, PLS, Palm Desert — Mr. Egan said that he believed the applicant would not object to any bond arrangement the City Attorney could defend. Councilmembers discussed continuing the public hearing in order to give the applicant and the Zieglers time to negotiate a compromise based on the framework discussed above, and time for the City Attorney to review and draft the results; suggestion that the two private parties come to agreement among themselves; the difficulty posed by the small parcel and odd configuration; the trend toward smaller home sizes; the length and width of the Ziegler's driveway, and; the timeframe for collecting on a bond. MOTION — A motion was made and seconded by Councilmembers Franklin/Radi to continue the public hearing until the Council meeting of August 2, 2016. Motion passed unanimously. CITY COUNCIL MINUTES 5 JULY 19, 2016 COUNCILMEMBER PENA ANNOUNCED THAT HE WILL RECUSE HIMSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 2 DUE TO A POSSIBLE CONFLICT OF INTEREST BASED ON THE PROXIMITY OF HIS PROPERTY TO THE PROPERTIES AFFECTED BY THIS CODE AMENDMENT. COUNCILMEMBER PENA LEFT THE DAIS. 2. INTRODUCE ORDINANCE EXTENDING TIME LIMITS FOR AMENDMENTS TO SECTION 9.150.060 OF THE LA QUINTA MUNICIPAL CODE (SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED NUMBER OF REQUIRED PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT, AND CONFIRM A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15061 (B)(3) REVIEW OF EXEMPTIONS — GENERAL RULE Planning Manager Perez presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed referring the matter to the Planning Commission where applicants can request waivers; the sunset date for the 50% reduction in parking requirements; the means to waive all fees and requirements; the estimated release date for the Village environmental impact report and parking study, and; re-examining matters that must go/need not go to the Planning Commission in the future. Mayor Evans declared the PUBLIC HEARING OPEN at 6:35 p.m. PUBLIC SPEAKER: None Mayor Evans declared the PUBLIC HEARING CLOSED at 6:35 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to take up Ordinance No. 543 by title and number only and waive further reading. Motion passed: ayes 4, noes 0, absent 1 (Pena) City Clerk Maysels read the following title of Ordinance No. 543 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 2016-0003, EXTENDING THE TIME LIMITS FOR AMENDMENTS TO SECTION 9.150.060 (SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED NUMBER OF REQUIRED PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to introduce at first reading Ordinance No. 543. Motion passed: ayes 4, noes 0, absent 1 (Pena) COUNCILMEMBER PENA RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING. CITY COUNCIL MINUTES 6 JULY 19, 2016 3. INTRODUCE ORDINANCE AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE Principal Planner Jay Wuu presented the staff report, which is on file in the City Clerk's Office. Mayor Evans declared the PUBLIC HEARING OPEN at 6:43 p.m. PUBLIC SPEAKER: Katie Ruark, Conservation Manager, Coachella Valley Water District — Ms. Ruark spoke in support of the ordinance. Mayor Evans declared the PUBLIC HEARING CLOSED at 6:44 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin to take up Ordinance No. 544 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 544 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE, UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to introduce at first reading Ordinance No. 544. Motion passed unanimously. 4. ADOPT RESOLUTION TO UPDATE CITY'S USER AND REGULATORY FEE SCHEDULE BASED ON 2016 COST OF SERVICE STUDY Council waived presentation of the staff report, which is on file in the City Clerk's Office. Mayor Evans declared the PUBLIC HEARING OPEN at 6:46 p.m. PUBLIC SPEAKER: Gretchen Gutierrez, Desert Valley Builders' Association — Ms. Gutierrez requested that the item be continued to allow time for her organization to thoroughly review the study and submit comments. PUBLIC SPEAKER: Clint Lorimore, Building Industry Association (BIA) — Mr. Lorimore submitted a response letter regarding the study from Ms. Harnik of the BIA to be distributed to the Council with the full fee study at the next meeting. MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin to continue Public Hearing Item No. 4 to the August 2, 2016 Council meeting. Motion passed unanimously. CITY COUNCIL MINUTES 7 JULY 19, 2016 STUDY SESSION 1. DISCUSS MODIFICATION TO PROCEDURES FOR APPOINTMENTS TO BOARDS AND COMMISSIONS Management Specialist Villalpando presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the advantages of combining the Planning Commission and the Architectural and Landscaping Review Board (ALRB); the parameters of the alternate position, and the pros and cons of retaining the category; the options for the Investment Advisory Board (IAB) and the oversight functions associated with the 1% transactions and use tax should it be approved by voters; the inclusion of non- professional citizens if the IAB assumes the oversight function; increasing the IAB membership to seven; establishing an economic development ad hoc committee to explore, study and report back; eliminating the IAB qualification requirement for three or four of seven members; work schedule of any oversight committee would be tied to the City budget schedule; assigning the Construction Appeals Board duties to the Planning Commission or the Council; the size and meeting frequency of Palm Springs Measure J oversight committee, and; amending the candidates' code of conduct pledge to be applicable to commissioners. The Council reached a consensus and directed staff to prepare a report for the Council to act on (a) eliminating the ALRB, (b) assigning ALRB duties to the Planning Commission, (c) increasing the Planning Commission membership from five to seven, (d) applying the qualification requirement for professional ALRB members to the two new Planning Commission seats, (e) appointing the two current ALRB members to the two new Planning Commission seats, (f) eliminating the alternate position for all boards and commissions, (g) expanding the IAB membership from five to seven, (h) require a minimum of three IAB members to possess the qualifications required in the Code (i) expanding the duties of the IAB to include those listed in the staff report, and (j) changing the name of the IAB as recommended in the staff report. DEPARTMENT REPORTS All reports are on file in the City Clerk's Office. City Clerk Maysels reported on the status of the Measure letter assignment by the County, and by consensus of the Council, will prepare a letter from the Mayor to County Supervisor Benoit requesting that the letter "Q" be assigned to La Quinta's Measure. Code Compliance Supervisor Moreno reported on code compliance efforts. By consensus of the Council, the department will include in its section mailings to residents, a note indicating that all residents in the area are receiving the form letter. CITY COUNCIL MINUTES 8 JULY 19, 2016 Design and Development Director Jonasson explained the two drainage projects underway, and provided clarification on the Municipal Code section regarding temporary sign which includes political signs. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Pena reported on the Coachella Valley Economic Partnership letter received recently followed by a brief discussion among Councilmembers. Councilmember Pena thanked the Fire Department for their efforts on the recent multi- dwelling fire where no injuries were sustained. Mayor Evans reported on the success of the 11th annual cadet academy graduation that she and Councilmembers Osborne and Radi attended. Councilmembers discussed establishing some sort of ad hoc artist committee in the future. REPORTS AND INFORMATIONAL La Quinta's representative for 2016, Councilmember Franklin reported on her participation in the following organization's meeting: COACHELLA VALLEY MOUNTAINS CONSERVANCY 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 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 Pena/Franklin to adjourn at 8:25 p.m. Motion passed unanimously. Respectfully submitted, Digitally signed r Susan Maysels V) n DN: serialNu, I=La uint , o=Susan M ys � st=California, l=La Quinta, o=Susan Maysels, cn=Susan Maysels Date: 2016.08.03 08:50:34-07'00' SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 9 JULY 19, 2016