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2021 02 16 CC MinutesCITY COUNCIL MINUTES Page 1 of 15 FEBRUARY 16, 2021  CITY COUNCIL MINUTES TUESDAY, FEBRUARY 16, 2021 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-25-20, N-29-20, N-33-20, N-35-20, and N-60-20 executed by the Governor of California, in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Assistant to the City Manager Villalpando, Community Resources Director Escobedo, Public Safety Manager Mendez, Traffic Operations Analyst Gunterson, Riverside County Sheriff’s Department Lt. Buompensiero, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, City Consultant Gruehl with NAI Consulting, City Consultant Hermann with Hermann Design Group, Inc., Finance Director Romero, Finance Manager Martinez, Financial Services Analyst Hallick, Senior Planner Flores, Design and Development Director Castro, City Planning Consultant Criste with Terra Nova Planning & Research, and Senior Planner Flores. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Peña said he will recuse himself from discussion and vote on Business Session Item Nos. 1 and 2 related to the Citywide Public Safety Camera System project, due to a potential conflict of interest stemming from the proximity of real property to the project locations. Council concurred. CITY COUNCIL MINUTES Page 2 of 15 FEBRUARY 16, 2021  CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957. CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY (Review Continued Need and Response to Proclaimed State and Local Emergencies Caused by COVID-19) 2. 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. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT 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 54950 et seq. (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Assistant to the City Manager Gil Villalpando said City Employee Augustine “Augie” Arellano, Maintenance Worker II in the Public Works Department, recently passed, and requested a moment of silence in his honor. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were provided by the citizens listed below in alphabetical order, which were distributed to Council, made publicly available, and incorporated into the agenda packet and public record of the meeting:  Lee Anderson, La Quinta – related to Short-Term Vacation Rentals (STVR);  Meagan Beaver, La Quinta – in opposition of STVRs; CITY COUNCIL MINUTES Page 3 of 15 FEBRUARY 16, 2021   Judy Carey, La Quinta – in opposition of STVRs, and requested that density regulations for STVRs be implemented;  Donald Church, La Quinta – in opposition of STVRs;  Marcia Cutchin, La Quinta – in opposition of STVRs;  Sarah Gelberd, La Quinta/Los Angeles – in support of STVRs;  Arlene Gotshalk, La Quinta – in opposition of STVRs; and  Bob and Cindy Stoddard, La Quinta – in opposition of STVRs, and requested that density regulations for STVRs be implemented. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None. CONSENT CALENDAR 1. APPROVE MEETING MINUTES DATED FEBRUARY 2, 2021 2. ADJUST PROJECT BUDGET APPROPRIATIONS AND AWARD CONTRACT TO UNIVERSAL CONSTRUCTION AND ENGINEERING FOR THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2020-02 3. APPROVE AMENDMENTS NO. 1 TO AGREEMENTS FOR CONTRACT SERVICES WITH NV5, INC AND THE ALTUM GROUP FOR ON-CALL SURVEY SERVICES 4. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH SCOPE EVENTS LLC TO HOST THE LA QUINTA ART CELEBRATION FROM NOVEMBER 11 TO NOVEMBER 14, 2021 5. APPROVE CHANGE ORDER NO. 3 TO CONTRACT WITH JONES BROS CONSTRUCTION COMPANY FOR THE SILVERROCK WAY STREET IMPROVEMENTS PROJECT NO. 2014-13/141513 FOR CONSTRUCTION OF A RETENTION BASIN 6. APPROVE PURCHASE OF EMERGENCY SERVICES VEHICLE 7. APPROVE DEMAND REGISTERS DATED JANUARY 29 AND FEBRUARY 5, 2021 8. RECEIVE AND FILE REVENUE FEDERAL AWARDS REPORTS IN ACCORDANCE WITH THE UNIFORM GUIDANCE FOR FISCAL YEAR ENDED JUNE 30, 2020 CITY COUNCIL MINUTES Page 4 of 15 FEBRUARY 16, 2021  MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION COUNCILMEMBER PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NOS. 1 AND 2 RELATED TO THE CITYWIDE PUBLIC SAFETY CAMERA SYSTEM DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY INTEREST TO THE PROJECT LOCATIONS, AND LEFT THE MEETING AT 4:09 P.M. 1. APPROVE POLICIES AND PROCEDURES FOR CITYWIDE PUBLIC SAFETY CAMERA SYSTEM (PSCS) IN LA QUINTA Community Resources Director Escobedo and Public Safety Manager Mendez presented the staff report, which is on file in the Clerk’s Office. Council discussed PSCS videos archival costs, retention period, and destruction pursuant to the City’s adopted records retention schedule and PSCS policies and procedures; process for accessing video records and for documenting and tracking video viewing activities; the video recording does not include audio; importance to put a requirement in place that would allow amendments to the PSCS configuration or adopted policies and procedures only by a four-fifths (4/5) majority vote of the Council; the City has the option to retain the video recordings either in high-quality or lower-quality to mitigate electronic archival costs; rename the “Operational Guidelines” section to “Operational Procedures” to avoid any potential misconception that the policies and procedures might be optional; the City would not be required to preserve evidence past the established records retention for criminal cases, once it has been provided to the law enforcement agency; Riverside County Sheriff’s Department’s retains medium-quality videos for one year and high- quality videos for 90-days; there would be two available viewing stations at City Hall, one at the traffic control center and one at the police substation; members of the public will be able to view PSCS footage under City staff supervision; authorized City staff and public safety personnel (police and fire) would have the ability to access and view PSCS recordings and their activity will be tracked and logged by the system; PSCS recordings do not replace applicable requirements for new developments to conduct formal traffic studies; PSCS is not intended to replace public safety services, but rather be an added value to public safety efforts; PSCS videos can be very helpful to track criminal activities, missing persons, natural disasters, traffic accident investigations, etc.; and the PSCS cameras will not be linked to the traffic CITY COUNCIL MINUTES Page 5 of 15 FEBRUARY 16, 2021  control signals, however the time stamp of the traffic control signal can be matched to the time of the PSCS video to determine traffic light changes; the PSCS does not have the ability to broadcast audio messages; ability to incorporate electronic messaging signs to the PSCS as an added component in the future. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Kay Wolff, La Quinta – said the City’s PSCS has gone through several iterations since 2019; expressed concerns relating to racial injustice and civil rights; spoke in support of not using facial or license plate recognition, and noted concerns that law enforcement may not abide by the City’s policies and procedures once recordings have been provided; the PSCS pilot program and community survey conducted by the City in 2019 did not expressly list the total number of cameras intended to be installed, and the community members who participated in the survey did not accurately represent the City’s minority community who may be adversely affected; and expressed general concerns about the use and success of the PSCS, and emphasized the importance of annual review of the PSCS to evaluate the pros and cons. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Anonymous, La Quinta - inquired about the regulations for a councilmember to recuse themselves from participating on an agenda item due to the close proximity of a real property interest. City Attorney Ihrke explained the Political Reform Act and Fair Political Practices Commission regulations require an elected official to recuse themselves from projects located within 500 feet of a real property interest. Mr. Anonymous expressed concerns about having the PSCS policies and procedures being considered during a pandemic, a financial crisis, and after a three-day holiday weekend, while members of the public are not allowed to physically in-person attend the public Council meeting in accordance with statewide safety protocols in place due to COVID-19; spoke of issues relating to his experience with the quality of the City’s livestream video feed of the public meeting; requested five changes to the proposed PSCS policy presented at the June 18, 2019 Council meeting that he felt were not addressed; opined that there are issues with the proposed PSCS policy as it raises unanswered questions and seems contradicting; requested the Council table this policy to a later time and conduct further review of the policy and amend it; expressed concerns on the lack of data showing the PSCS would deter crime; inquired if police services would be cut in order to offset costs associate with the PSCS; noted there was conflicting language in the policy stating that audio to the video is available via a court order, while also stating that audio is not recorded; the policy does not mention a warrant; said he was glad to see that CITY COUNCIL MINUTES Page 6 of 15 FEBRUARY 16, 2021  that policy include reference to the Fourth Amendment; expressed concerns about members of the public viewing the videos might record the video on their phone; and spoke in opposition of Council’s justification related to the PSCS being helpful with natural disasters as the traffic signals already provide live video. City Clerk Radeva noted that public speaker Kay Wolff and all written comments listed below were submitted for Business Session Item Nos. 1 and 2. WRITTEN PUBLIC COMMENTS FOR BUSINESS SESSION ITEM NOS. 1 AND 2 were provided by the citizens listed below in alphabetical order, which were distributed to Council, made publicly available, and incorporated into the agenda packet and public record of the meeting:  Anonymous, La Quinta – in opposition of the PSCS and submitted a petition, dated October 17, 2020, signed by La Quinta residents opposing the PSCS;  Paul Hoesterey, La Quinta – in opposition of PSCS;  Donald Reifer, La Quinta – in opposition of PSCS; and  Mario Sewell, La Quinta – in opposition of PSCS. Council further discussed the general process for handling and responding to public records requests, which would be applied to processing requests for the production of PSCS videos, and related applicable exemptions in accordance with state law; clarified that any requests for records by a court order would supersede City regulations, and the City must turn over the information; the PSCS would be a helpful tool in solving crime; the clarification that a court order and a warrant are similar in nature, but both terms should be listed in the policy for thoroughness; the current PSCS design does not have the option to record audio, and would need additional physical components in order to add the audio feature; the current level of law enforcement service will remain unchanged, the PSCS is not intended for surveillance or to replace law enforcement personnel, and rather to provide video recordings as an enhancement tools for investigations and public safety to law enforcement and the City; noted cameras are present in parks in other cities; the advantage the PSCS provides to public safety agencies’ by enabling them to access the PSCS live feed at any time, should an incident occur; noted the citywide advantages of the PSCS; clarified that PSCS would not be placed in residential areas and the legal restrictions in place to avoid that; the community’s complaint of an increase in crime and their request to increase patrol hours; the Financial Advisory Commission’s involvement in reviewing the police services study as well as the fire services study; and the importance to recognize that the policy was developed based on extensive research and obtaining multiple perspectives from the community. CITY COUNCIL MINUTES Page 7 of 15 FEBRUARY 16, 2021  Council expressed general support to rename the “Operational Guidelines” section of the policy to “Operational Procedures;” to further define the language relating to subpoenas, court orders, and warrants; there have been no formal discussions with adjoining cities about the installation of the PSCS at bordering traffic intersections, and Staff plans to present the information and potential benefits of the PSCS to the other cities; Staff will look into amending the maintenance agreements with bordering cities to include reference to the PSCS on shared traffic signals; importance to require that any amendments to the PSCS design and policies be approved by four-fifths (4/5) majority vote. Council reached a consensus to continue this item to allow staff to amend the policy language and incorporate the requested clarifications and bring it back for reconsideration at the March 2, 2021 Council meeting. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to continue this item to the March 2, 2021, regular meeting; and directed Staff to incorporate the following amendments: 1) Rename the “Operational Guidelines” section of the policy to “Operations Procedures” for language clarity and to ensure it is not perceived as a recommendation instead of a requirement; 2) Further define the policy section related to subpoenas, court orders, and warrants; 3) Require a minimum of four-fifths (4/5) majority votes in order to amend the PSCS design and policies and procedures; and 4) If necessary, as determined by the City Attorney, prepare an ordinance to add a Chapter to the La Quinta Municipal Code further defining the PSCS policies and procedures. Motion passed – 4 yes, 0 noes, 1 absent (Peña). 2. APPROPRIATE FUNDING AND AWARD CONTRACT TO CONVERGINT TECHNOLOGIES FOR CONSTRUCTION OF THE CITYWIDE PUBLIC SAFETY CAMERA SYSTEM PROJECT NO. 2020- 03 Public Works Director/City Engineer McKinney and Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. Council discussed the PSCS scope of work and anticipated installation timeline of 60 working days from the notice to proceed; anticipated timeline to ensure programming of the PSCS software after construction is completed; concerns related to PSCS installations on streets that have recently been rehabilitated; dust control fees were incorporated into the project due to the trenching that CITY COUNCIL MINUTES Page 8 of 15 FEBRUARY 16, 2021  would occur at Fritz Burns Park for new conduit; importance to prioritize the installation of the PSCS on the major arterial intersections first; the City would realize cost savings by installing the additional cameras listed in the additive alternates at the same time; the X-park is not included in the PSCS scope of work because it is not constructed yet, however, conduit is being installed as part of the project build-out, to allow for an easy addition when completed; and importance to keep track of potential future additions. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Anonymous, La Quinta - spoke in opposition of awarding the contract prior to the PSCS policies and procedures are in place; noted a petition opposing the PSCS signed by approximately 150 residents was submitted to the City, which is on file in the Clerk’s Office; questioned the necessity of the PSCS; provided safety statistics on La Quinta’s low crime rates and a residents’ survey indicating they already felt safe; expressed concerns of multiple camera locations identified and the potential future expansion of this project, and about the approval of a fiscally large contract without having specific data that supports that the PSCS would be effective; spoke in opposition of using Measure G Funds for the project; statistics relating to the 2016 PSCS survey conducted in the community and it’s use for this proposal; private business surveillance is fragmented and thus it differs from the proposed citywide PSCS; and thanked Council for continuing Business Session Item No. 1 for further review and to incorporate amendments. City Clerk Radeva reiterated that the WRITTEN PUBLIC COMMENTS noted above under Business Session Item No. 1 were also pertinent to Business Session Item No. 2. Council further discussed that Council and staff conducted extensive research and exercised due diligence in observing camera systems at other cities; the PSCS objective was to be used as an adjunct to policing, and to assist law enforcement in investigating crime activity, deterring crime, and ensuring the safety of the community; this project is within the approved scope of Measure G Funds in accordance with the ballot measure; the Financial Advisory Commission oversees the use and appropriation of Measure G Funds, and was involved in this project; the installations of the PSCS will have minimal impact to traffic flow and would only require a lane closure; directed staff to suggest the order of installation to the contractor to prioritize the major arterial intersections first; noted the PSCS were not equipped for facial recognition, license plate recognition, or record audio; reiterated the importance for any amendments to the PSCS design or policies and procedures be approved by four-fifths (4/5) majority vote of the Council; noted the proposed PSCS is in compliance with Supreme Court rulings; public input is critical in the workings of local government; the City’s compliance with Brown Act posting CITY COUNCIL MINUTES Page 9 of 15 FEBRUARY 16, 2021  requirements for public meeting agendas, and the additional website and media channels the City uses to communicate what items are coming forth for consideration; importance of ensuring respect for privacy to residents while securing the safety of the community; commended Staff for their hard work and diligence during this process, educating the Council and the community; and welcomed any further input from residents on this matter. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to appropriate $372,296 from the Public Safety Fund; award a contract to Convergint Technologies in the amount of up to $1,211,296 to construct the Citywide Public Safety Camera System Project No. 2020-03; and authorize the City Manager to execute the contract. Motion passed 4 yes, 0 noes, 1 absent (Peña). COUNCILMEMBER PEÑA JOINED THE MEETING AT 6:05 P.M. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Arlene Gotshalk, La Quinta – spoke in opposition of STVRs in residentially zoned areas. 3. APPROVE PRELIMINARY DESIGN OPTION AND APPROPRIATE MEASURE G RESERVE FUNDING FOR THE SILVERROCK RETENTION BASIN SOIL STABILIZATION PROJECT NO. 2020-07 Public Works Director/City Engineer McKinney introduced Management Analyst Mignogna who presented the staff report, in conjunction with City Consultant Hermann with Hermann Design Group, Inc., which is on file in the Clerk’s Office. Council discussed the types of planting materials available and the ability to customize the type of grass seed mix used for the retention basin; anticipated timelines for completing construction of the SilverRock event site and the retention basin soil stabilization project; the two projects are independent of each other; the shrubbery proposed for the retention basin is not intended to provide a fence-like barrier, but rather act as a deterrent; whether or not fencing the retention basin is warranted for public safety; and expressed general support for Option 4 of the proposed preliminary design. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve preliminary design Option No. 4 as presented in the staff report; and appropriate Measure G Reserve funding in the amount of $427,250 for the SilverRock Retention Basin Soil Stabilization Project No. 2020-07. Motion passed unanimously. CITY COUNCIL MINUTES Page 10 of 15 FEBRUARY 16, 2021  4. RECEIVE AND FILE FISCAL YEAR 2020/21 MID-YEAR BUDGET REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, AND DESIGNATE RESERVE FUNDING ALLOCATIONS Financial Services Analyst Hallick and Accounting Manager Martinez presented the staff report, which is on file in the Clerk’s Office. Council discussed the importance of conservative budgeting and ensuring the long-term fiscal stability of the City; expressed their contentment with the City’s ability to adapt and respond to the needs of local businesses and residents caused by the pandemic; the loss of $800,000 dollars of property tax revenue due to a formula change in how the Redevelopment Property Tax Trust Fund pass-through funds are calculated by the county; options for reserve funding allocations; revenues from local sales and property taxes are constitutionally protected because they were passed by the voters and cannot be taken by the state; expressed general support of additional reserve funding allocation option four to fully fund all reserve accounts; and the Financial Advisory Commission periodically evaluates the City’s reserve fund categories and needs to determine if adjustments are needed based on ever-changing economic circumstances. Council commended staff for their efforts in ensuring the City’s financial stability. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to receive and file fiscal year 2020/21 Mid-Year Budget Report; approve the recommended budget adjustments, and fully fund the City’s reserve categories by allocating $4,700,000 dollars to the Economic Disaster reserve fund and $3,460,000 dollars to the Capital Replacement reserve fund from Unassigned Fund Balance. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:06 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 7:22 P.M. WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS PROPOSED 2021-2026 PAVEMENT MANAGEMENT PLAN UPDATE Management Analyst Mignogna and Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 11 of 15 FEBRUARY 16, 2021  Council discussed the cost savings realized in completing crack sealing improvements on multiple road segments simultaneously, instead of a single road segment, which also helps the City maintain its very good 80 Pavement Condition Index (PCI) rating; as the roads become older, more severe road maintenance would be required to maintain the City’s PCI; use of alternative transportation methods; the need for road improvements for Highway 111 are being evaluated as part of the Highway 111 Corridor Revisioning project; ability to place vehicle weight restrictions on certain street segments to help mitigate the wear and tear of the roads; the City’s continuous efforts and consistent annual investments to maintain the integrity of its road infrastructure; directed staff to look into what level of funding would be required and what funding mechanisms might be available to increase the City’s PCI to 85 as it has been in the past, particularly with the roads getting older and the anticipation that more costly maintenance would be required; procedures for obtaining a quorum of the Council in the event there might be a potential conflict of interest due to the project(s)’s proximity to real property interests for Council and related FPPC exceptions; and the process conducted by the City’s consultant in evaluating the road infrastructure citywide and strategically preparing a Pavement Management Plan which lists recommended improvements based on need and priority. Council reached a consensus and directed staff to proceed with the 2021-2026 Pavement Management Plan as presented. PUBLIC HEARINGS 1. ADOPT RESOLUTIONS TO ADOPT A SUBSEQUENT MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2020-0001) AND APPROVE SPECIFIC PLAN 2020-0001, TENTATIVE PARCEL MAP 2020-0001, SITE DEVELOPMENT PERMIT 2020-0001, AND VARIANCE 2020-0001 FOR CONSTRUCTION OF A 40-UNIT RESIDENTIAL APARTMENT PROJECT; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT HAS PREPARED A SUBSEQUENT MITIGATED NEGATIVE DECLARATION UNDER ENVIRONMENTAL ASSESSMENT 2020- 0001; LOCATION; SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE [RESOLUTION NOS. 2021-001 AND 2021-002] Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed that this project is consistent with the City’s General Plan; density is calculated based on the gross acreage of the project site; there is CITY COUNCIL MINUTES Page 12 of 15 FEBRUARY 16, 2021  one entrance and exit to the development, accessed from Jefferson Street, which is not gated; secondary emergency only egress access is available to public safety agencies from the north side of the project; ensuring the ability to appropriately decelerate off of Jefferson and safely enter the apartment complex; and the ability to narrow the lanes along Jefferson Street to provide additional space for deceleration and for residents to safely enter the development. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 8:08 P.M. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Jim Snellenberger, Applicant and CEO of Global Development, LLC – introduced himself and spoke about his qualifications and experience; gave a detailed overview of the proposed development, including the conducted traffic study found there is less than significant impact, the right-in and right-out access off of Jefferson Street, allowable parking spaces allotted for the project; this project would provide additional medium income housing units for the City; said many residents from the surrounding communities have expressed support for the project; and would be honored to provide more housing opportunities to new or existing La Quinta residents. Council discussed the project’s access point from Jefferson Street was due to the applicant’s inability to secure an easement for Palm Circle Drive from the neighboring development; reasons for changing the project from the previous entitlement approval for 16 single family dwellings development to the 40- unit proposed apartment complex; costs associated with utilities connections; the complex is within walking distance from nearby schools; ensuring safe routes for children to cross Jefferson Street; and the proposed location of the trash receptacles and potential alternative locations. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were provided by the citizens listed below, in alphabetical order, which were distributed to Council, made publicly available, and incorporated into the agenda packet and public record of the meeting:  Dawson Bailard, La Quinta – in support of Jefferson Street Apartments (Project);  Brian Dowdle, La Quinta - in support of Project;  Rick Hand, La Quinta - in opposition of Project;  Jennifer Hill, La Quinta - in opposition of Project; and  Vicki Vince-Olsen, La Quinta – in opposition of Project. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Jennifer Hill, La Quinta – said she is in opposition of the Project because apartments are not an appropriate development for that lot, however, she is not in opposition of CITY COUNCIL MINUTES Page 13 of 15 FEBRUARY 16, 2021  developing the parcel; the total gross acreage of the lot should not be used to calculate the allowable density for this project due to the irregular lot form and size, which also affects the closeness of the buildings, trash enclosures, and allows for minimum amount of parking; and requested the applicant submit a more appropriately designed project for this area. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Rick Hand, La Quinta – said he is in opposition of the Project due to its high density of 40 units, which is a drastic change from the previously approved 16 single family dwellings development, and in light of the irregular lot form and size; spoke about the past litigation related to the easement giving the Applicant access to Palm Circle Drive; noted the residents of the Westward Isle HOA community are willing to discuss the project with the Applicant; and requested the applicant submit a more appropriately designed project for this area. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Heather Michel – said she is in support of the Project because it would grow the community by providing affordable housing options for medium-income families, which are hard to find in the City. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Jovanni Michel – said the location of the trash receptacles was required by the waste collection agency to ensure path of access and sufficient room for trash collection; said he is in support of the Project; noted that as an experienced realtor, the proposed apartments are in high demand and provide growth opportunities for the City; spoke of the City’s high-quality education system and this Project would create diversity and give aspiring individuals and families an opportunity to move to La Quinta and have their children benefit from the school system; and spoke in support of developing the vacant land. Council further discussed per the La Quinta Municipal Code (Code) the allowed density is calculated based on the gross acreage of the entire parcel, regardless of the lot form or any applicable use restrictions; the proposed four 3-bedroom units are a maximum of 1,430 sq. ft.; maximum allowable units on the lot would be 42 and the project proposes 40 units. Staff explained the Regional Housing Needs Allocation (RHNA) current cycle requirements for La Quinta; the City currently is below the RHNA required number of moderate-income housing units and this project would help the City reach the RHNA requirements; the State’s ability to increase density on cities without the city’s approval; and the current zoning and General Plan designation allow for this parcel to be developed as proposed for a maximum of 42 units. CITY COUNCIL MINUTES Page 14 of 15 FEBRUARY 16, 2021  Council further discussed infill development will increase and become more prominent as the City runs out of vacant land to develop and will have an effect on neighbors and residents; and general affordable housing requirements and regulations, and related City efforts to meet the state’s mandates and housing opportunity the City offers. Council thanked the residents for the comments provided; and inquired if delaying the Project would be beneficial to allow the Applicant time to meet with the neighboring community. Mr. Snellenburger said the Project has been thoroughly vetted and all options considered to ensure most efficient use of the parcel space and the design is open and aesthetically suited for the Jefferson Street corridor; and explained how the connection to the sewer lines would be established. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 9:10 P.M. Council expressed general support for the Project; discussed the ever- changing state mandates; the Project is well designed and will provide a sound barrier to the homes behind it; the City will continue to face infill development; the residents’ concerns were evaluated and taken into consideration; and conversations between the residents and the Applicant can continue as the Project progresses. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Resolution No. 2021-001 to adopt a Subsequent Mitigated Negative Declaration for Environmental Assessment 2020-0001 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A SUBSEQUENT MITIGATED NEGATIVE DECLARATION FOR THE JEFFERSON STREET APARTMENTS LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE; CASE NO. ENVIRONMENTAL ASSESSMENT 2020-0001; APPLICANT: JIM SNELLENBERGER Motion passed unanimously. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Resolution No. 2021-002 to approve Specific Plan 2020-0001, Tentative Parcel Map 2020-0001, Site Development Permit 2020- 0001, and Variance 2020-0001, subject to the Findings and Conditions of Approval: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT, TENTATIVE PARCEL MAP, SITE DEVELOPMENT PERMIT, AND VARIANCE FOR THE CITY COUNCIL MINUTES Page 15 of 15 FEBRUARY 16, 2021  JEFFERSON STREET APARTMENTS AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE; CASE NUMBERS: SP 2020-0001, TPM 2020-0001, SDP 2020-0001, VARIANCE 2020-0001; APPLICANT: JIM SNELLENBERGER Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Council expressed their deepest condolences to the family of City Employee Augustine Arellano who recently passed. Mayor Evans reported her planned attendance at the Women Council of Realtors next week to provide an update and highlights on La Quinta. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2020, Councilmember Sanchez reported on his participation in the following organization’s meeting:  ANIMAL CAMPUS COMMISSION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Sanchez to adjourn at 9:18 p.m. Motion passed unanimously. Respectfully submitted, NICHOLE ROMANE, Deputy City Clerk City of La Quinta, California