Loading...
2021 03 02 CC MinutesCITY COUNCIL MINUTES Page 1 of 14 MARCH 2, 2021   CITY COUNCIL MINUTES TUESDAY, MARCH 2, 2021 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:02 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, Community Resources Director Escobedo, Public Safety Manager Mendez, Riverside County Sheriff’s Department Lt. Buompensiero, Design and Development Director Castro, Code Compliance/Animal Control Supervisor Meredith, Senior Planner Flores, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, and Financial Services Analyst Hallick. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA City Manager McMillen requested that Consent Calendar Item No. 4 be pulled from consideration on tonight’s agenda. Councilmember Peña said he will recuse himself from discussion and vote on Consent Calendar Item No. 2 due to a potential conflict of interest stemming from the proximity of his real property to this project, and requested that it be pulled for a separate vote. Councilmember Peña said he will recuse himself from discussion and vote on Business Session Item No. 1 due to a potential conflict of interest stemming from the proximity of his real property to this project. Council concurred. CITY COUNCIL MINUTES Page 2 of 14 MARCH 2, 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 4:07 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 Mayor Pro Tem Radi led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKERS VIA TELEPHONIC ACCESSIBILITY listed in the order in which they spoke:  Hoesterey, Paul (La Quinta) – expressed concern that he never received responses to letters he submitted in February 2021 and in 2019; both letters explained his disappointment with Council for ignoring the concerns of citizens, and repeated unanimous votes of Council do not reflect citizens’ concerns.  Paul, Timothy (La Quinta) [from providing public comment at a later time in the meeting] – addressed his statements at a previous meeting to make it clear that he never insulted anyone but called certain statements foolish, not the person; asked that his passion not be construed as instability. CITY COUNCIL MINUTES Page 3 of 14 MARCH 2, 2021   ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS Council called for a moment of silence in honor of Tommy Edwards, a long-time public servant and unique individual who served as the Chief Science Officer at SunLine Transit Agency, and served the Coachella Valley community he loved with vision and integrity and always for the greater good. CONSENT CALENDAR 1. APPROVE MEETING MINUTES DATED JANUARY 19, 2021 2. pulled by Councilmember Peña for a separate vote >>> ACCEPT LA QUINTA VILLAGE COMPLETE STREETS A ROAD DIET PROJECT NO. 2015-03/151603 3. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE MONROE STREET PAVEMENT REHABILITATION PROJECT NO. 2020-01, LOCATED BETWEEN AVENUE 52 TO AVENUE 53, AND NEAR AVENUE 61 4. pulled from consideration from the agenda by staff >>> AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE DESERT CONCEPTS CONSTRUCTION FOR UP TO $150,000 OF WORK FOR FISCAL YEAR 2020/21, WHEN DESERT CONCEPTS CONSTRUCTION IS THE QUALIFIED AND/OR LOWEST BIDDER 5. RECEIVE AND FILE SECOND QUARTER 2020/21 TREASURY REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2020 6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2020 7. 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 NO. 2021-003] 8. APPROVE DEMAND REGISTERS DATED FEBRUARY 12 AND 19, 2021 MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Peña to approve Consent Calendar Item Nos. 1, 3, and 5-8 as recommended, with Item No. 7 adopting Resolution No. 2021-003. Motion passed unanimously. CITY COUNCIL MINUTES Page 4 of 14 MARCH 2, 2021   CONSENT CALENDAR ITEM NO. 2 COUNCILMEMBER PEÑA RECUSED HIMSELF FROM THE VOTE ON CONSENT CALENDAR ITEM NO. 2 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY TO THE PROJECT LOCATIONS MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to approve Consent Calendar Item No. 2 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña). BUSINESS SESSION COUNCILMEMBER PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 1 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY TO THE PROJECT LOCATIONS, AND LEFT THE MEETING 1. CONTINUED FROM FEBRUARY 16, 2021: INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER 11.100 TO THE LA QUINTA MUNICIPAL CODE RELATED TO A POLICY WITH OPERATIONAL PROCEDURES FOR A PUBLIC SAFETY CAMERA SYSTEM (PSCS); AND APPROVE POLICIES AND PROCEDURES FOR CITYWIDE PUBLIC SAFETY CAMERA SYSTEM [ORDINANCE NO. 589] Public Safety Manager Mendez and Community Resources Director Escobedo presented the staff report, which is on file in the Clerk’s Office. In response to Councilmember Sanchez, City Attorney Ihrke explained that as currently written, the ordinance does not require a four-fifth (4/5) majority vote of Council to amend the ordinance in the future. City Attorney Ihrke stated that because La Quinta is a Charter City, a section could be added to 11.100.020 of the ordinance to require future Councils to reach a four-fifths majority to pass any amendments to the ordinance. Mayor Pro-Tem Radi added that requiring a four-fifths vote to amend imposes a higher burden on future Councils which is appropriate for public safety cameras. WRITTEN PUBLIC COMMENTS were received from the following prior to the adjournment of the meeting at 9:50 p.m., including those received during the live meeting, and have been distributed to Council and incorporated into the agenda packet:  Anonymous – provided recommendations on the proposed language.  Paul, Timothy (La Quinta) – provided recommendations. CITY COUNCIL MINUTES Page 5 of 14 MARCH 2, 2021   PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY:  Paul, Timothy (La Quinta) – expressed his disappointment that his recommendations have not been included on this matter; at a minimum, requests that the word “residential” be changed to “private” to protect both residences and private businesses from surveillance; change “will notify people at various locations that they are being surveilled” to “will notify all locations”; requests time to meet with Council or Staff to discuss; opposes using the 2019 survey as justification for this program as the survey question asked if residents supported or opposed the “public safety pilot program”, a phrase that primed responders to support – should have used phrase “public surveillance program”, and; supports a ballot measure on this program to gauge public support. City Attorney Ihrke explained that by law, there is no reasonable expectation of privacy for parking lots and business entryways. Sheriff Lt. Buompensiero stated that cameras will be placed on roadways and will pick up images of some parking lots which will be useful to law enforcement to deter retail crime, especially along Highway 111; although some businesses have their own cameras, the quality is often poor, and exterior coverage limited, and; does not recommend blacking out all businesses. City Attorney Ihrke proposed language to add to the ordinance should Council desire, allowing businesses to request that blackout masking be applied to their business premises. Council discussed the process leading to the proposed PSCS program which included (a) multiple surveys - first addressing the pilot program, then a comprehensive survey, (b) conducting a pilot program, (c) GEM articles, (d) online updates, (e) examination of the effectiveness of PSCS in other cities, (f) invitations to submit electronic input, and (g) multiple community sessions to display live videos for public input and understanding of the workings, purpose and images captured by the program; the intent and governing of the program being strictly fixed video only, focused on streets – no facial recognition, no audio, no two-way communication, no license plate reader, and no drones following people; the importance of augmenting security measures with cameras at a time when the cost of police services continually rises; a map of all camera locations is available on the City’s website; many signs alerting the public of cameras will be installed around camera locations but sign clutter will be avoided; adding the phrase “working cameras” to signs may be useful; replacing word “various” in the ordinance with “in order to notify the public”, and; safeguards against hacking into the system. MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to take up Ordinance No. 589 by title and number only and waive further reading, with the following amendment: CITY COUNCIL MINUTES Page 6 of 14 MARCH 2, 2021    Add Subsection C under Section 11.100.020 to read as follows: “C. Subsection B may not be amended to reduce the vote requirement to adopt an amendment to the policy with operational procedures, as set forth in Subsection B, except by no less than four-fifths (4/5) majority vote of the city council.” Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Peña). City Clerk Radeva read the following title of Ordinance No. 589 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 11.100 OF THE LA QUINTA MUNICIPAL CODE RELATED TO A POLICY WITH OPERATIONAL PROCEDURES FOR A PUBLIC SAFETY CAMERA SYSTEM MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to introduce at first reading Ordinance No. 589 to add Chapter 11.100, as amended, to the La Quinta Municipal Code related to policy with operational procedures for a public safety camera system. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Peña). MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to approve policies and procedures for a public safety camera system in La Quinta as recommended with the following amendments:  Add Subsection H to “Specific Policies” section of the policy to read as follows: “H. When a business property is clearly, and knowingly in alignment with the PSCS’s line of sight, a written request may be submitted by the business to the City Manager’s Office to apply black-out masking technology for privacy reasons to eliminate potential unintended intrusions.”  Add the word “masking” to Subsection F of “Specific Policies” section of the policy to state “black-out masking technology …”  Replace wording in “Camera Notification and Public Outreach” section of the policy to state “Signs will be placed in various locations order to notify the public that public safety camera system will be monitoring driving and pedestrian activities in public places.” Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Peña). COUNCILMEMBER PEÑA RE-JOINED THE CITY COUNCIL MEETING AT 5:10 P.M. 2. CONTINUED FROM FEBRUARY 25, 2021: INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS (STVR) [ORDINANCE NO. 590] CITY COUNCIL MINUTES Page 7 of 14 MARCH 2, 2021   Design and Development Director Castro presented the staff report, which is on file in the Clerk’s Office. Council discussed Code Compliance Staff’s practice of considering the absence of a valid permit number and/or an accurate bedroom count in advertisements on STVR platforms a minor violation against the owner, and whether that should rise to a major violation after some grace period; and method by which STVR platforms will be able to verify that permit numbers inserted by operators are valid. City Manager McMillen clarified that the proposed ordinance would classify a one-time omission of a permit number or accurate bedroom count on an ad as minor, not to be counted as a strike, but all subsequent such offenses would count as a strike. WRITTEN PUBLIC COMMENTS were received from the citizens listed below in alphabetical order, prior to the adjournment of the meeting at 9:50 p.m., including those received during the live meeting, and have been distributed to Council and incorporated into the agenda packet: 1. Armendarez, Edward (La Quinta) – opposes STVRs (comments read into the public record by City Clerk Radeva at Mr. Armendarez’ request). 2. Bendokas, Heidi (La Quinta) – supports STVRs. 3. Bendokas, Tim (La Quinta) – support STVRs. 4. Cutchin, Marcia (La Quinta) – opposes STVRs. 5. Gallagher, Janet – recommending stricter STVR regulations. 6. Gallagher, Jim - recommending stricter STVR regulations. 7. Gotshalk, Arlene (La Quinta) – opposes STVRs. 8. Gray, Ricardo (La Quinta) – opposes STVRs. 9. Heredia, Joan (La Quinta) – supports indefinite moratorium. 10. Katuls, Tiffany (La Quinta) – supports responsible STVRs. 11. Miser, Grant (La Quinta) – supports STVRs. 12. Reyes, Laura – provided comments on STVR permit types and fees. 13. Rhodes, Jesse - supports STVRs. 14. Stoddard, Bob – supports a permanent moratorium. 15. Stoddard, Cindy – supports a permanent moratorium. 16. Sweeney, Michael – opposes a permanent moratorium. 17. Thompson, Craig – opposes STVRs. 18. Thompson, Marie – opposes STVRs. 19. Vano, Laura – supports a permanent moratorium. PUBLIC SPEAKERS VIA TELEPHONIC ACCESSIBILITY listed in the order in which they spoke: 1. Perry, Kristen (La Quinta) – owns one STVR and awaits a permit for a second; opposes conjoining STVR matters with affordable housing concerns; supports excluding PGA West from City deliberations; stated CITY COUNCIL MINUTES Page 8 of 14 MARCH 2, 2021   the benefits of STVR to local employees; and supports re-opening the STVR program for new permits. 2. Heredia, Joan (La Quinta) – opposes STVRs in residential neighborhoods; encouraged Council to reconsider imposing a cap on bookings per year, suggests 24, because without a cap and with the freeze on new permits, existing permit holders’ bookings will increase in frequency causing continual disturbance to those neighbors; supports codifying the moratorium on new permits indefinitely; supports the two-strike regulation and the new fees; and is concerned that Council is relying on attrition, which could takes years to reduce STVR permits but understands Council is trying to reach a fair compromise between STVR owners and residents. 3. Church, Stella (La Quinta) – resident since 2017; opposes STVRs; unsuccessfully tried to communicate to the owner of a nearby STVR; and wants peace in her neighborhood again. Mayor Evans, City Manager McMillen and Code Compliance/Animal Control Supervisor Meredith, explained the City’s, procedures to address unpermitted STVR properties and encouraged residents to contact City Hall with the address of any STVR suspected of operating without a permit. PUBLIC SPEAKERS VIA TELEPHONIC ACCESSIBILITY continued: 4. Miser, Grant (Utah) – purchased a home days before the moratorium was enacted with intent to operate a STVR until a time when his family occupies it each winter; during the moratorium, he rented the house for 28+ days; and requested that the Council offer new owners such as himself 30-60 days to obtain a permit if the moratorium is made permanent. 5. Dinnel, David (La Quinta/Los Angeles) – owns a 5+ bedroom STVR; large increase in fee has reduced the value of his home; received no government financial assistance for business loss during moratorium; lives at his STVR 2-3 days per week; supports best practices; supports guests receiving violations; and supports owners and Code Enforcement working together on violations. 6. Gotshalk, Arlene (La Quinta) – supports the Council’s solutions discussed at the February 25, 2021 meeting; supports diversifying the tourism economy; suggests appointing a committee of residents to explore economic diversification; and supports a permanent moratorium on new STVRs in residential neighborhoods. 7. Wolff, Kay (Cove) – previously supported a complete ban on STVRs, now supports the compromise proposed; supports the features in the ordinances such as separating types of STVRs, the appropriate regulations for each, and the increased fees and fines; the forthcoming ordinance enacting a permanent moratorium on new permits proves the Council has listened to its constituents and STVR owners alike; hopes that the new regulation, better enforcement, efficient administration and the CITY COUNCIL MINUTES Page 9 of 14 MARCH 2, 2021   permanent moratorium on new permits will win over skeptics, and; STVR owners now must prove their worthiness to operate in La Quinta. 8. de Sam Lazarro, Richard (Seattle) on behalf of Expedia Group/VRBO – supports the proposed ordinance; and supports continued cooperation with the City. 9. McCarroll, Eileen – recently purchased a home with expectation that could rent it as a STVR when not in residence; has no objection to a cap on bookings or increased fees, but objects to Council’s assumption that new permit holders are bad operators; and supports an exception for new homeowners caught in limbo due to the moratorium. Council discussed the reasoning for a continued moratorium on new permits being the current saturation exceeding the City’s capacity, not any determination or inference that new permitholders would be bad operators; the need to give new regulations time to take effect and be evaluated before considering an ease on the moratorium; the evolution of the STVR program; the massive input and research done to improve the program, and time spent to get it right; the numerous changes made over the years in response to residents; the difficulty of finding solutions when there are equal numbers for and against, and although not a primary factor, the Council’s responsibility to safeguard the City’s long-term financial health; the goal being consensus among stakeholders so it is prudent to take it slow and address issues bit by bit; and Council’s commitment to affordable housing and understanding that STVRs play some role. MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to take up Ordinance No. 590 by title and number only and waive further reading. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 590 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT TERM VACATION RENTALS MOTION – A motion was made and seconded by Councilmembers Peña/Radi to introduce at first reading Ordinance No. 590 to amend Chapter 3.25 of the La Quinta Municipal Code relating to Short-Term Vacation Rentals. Motion passed unanimously. City Clerk Radeva announced that Ordinance 590 will go to Council for second reading and adoption at the regular meeting of March 16, 2021 and will be in effect 30 days following the March 16th meeting if it is adopted by Council. CITY COUNCIL MINUTES Page 10 of 14 MARCH 2, 2021   PUBLIC HEARINGS 1. CONTINUED FROM FEBRUARY 25, 2021: ADOPT RESOLUTION TO AMEND THE CITY’S SHORT-TERM VACATION RENTAL PROGRAM PERMIT FEES [RESOLUTION NO. 2021-004] City Clerk Radeva introduced City Consultant Terry Madsen, President and CEO of ClearSource Financial Consulting who via Zoom presented the staff report, which is on file in the Clerk’s Office. MAYOR EVANS DECLARED THAT THIS PUBLIC HEARING IS A CONTINUATION OF THE PUBLIC HEARING LEFT OPEN AT THE FEBRUARY 25, 2021 MEETING WRITTEN PUBLIC COMMENTS were received from the following prior to the adjournment of the meeting at 9:50 p.m., including those received during the live meeting, and have been distributed to Council and incorporated into the agenda packet:  Reyes, Laura – provided comments on STVR fees. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY:  Tamm, Jelena (La Quinta/Los Angeles) – supports a separate fee for the tourist commercial (TC) and village commercial (VC) districts which were built specifically for STVRs; the TC and VC zones are a non-issue for Code Compliance; TC zone owners in Legacy Villas for example already pay to the City a combined mitigation fee of $378,000; and believes the fees are excessive. City Attorney Ihrke clarified that the mitigation fee paid by Legacy Villas was built into the original development agreement to mitigate the loss of transient occupancy tax (TOT) or sales tax revenue the City would realize by granting permission for residential development rather than a hotel or commercial development planned for the site. City Consultant Madsen explained that the fee analysis differentiated between different types of permits but did not make distinctions between zones, e.g., residential versus TC. Code Compliance/Animal Control Supervisor Meredith informed Council that although Code Compliance has gotten few complaints from Legacy Villas, that is not the case for all communities in the TC zones. City Clerk Radeva explained that the new fees would apply to those whose renewal date is on or after the date the new fees take effect, not the date one submits the renewal application. CITY COUNCIL MINUTES Page 11 of 14 MARCH 2, 2021   Council discussed setting the fee for STVRs with five bedrooms or more at $1,250 for both primary residences and general STVRs; lowering fees in TC zones as an incentive to STVR owners to purchase homes there rather than residential zones; and reminder that all fees are cost recovery only, and that TOT revenue is tax revenue meant to support general city operation such as police, roadways, lighting, etc., TOT is not meant to sustain the STVR program. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:15 P.M. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to adopt Resolution No. 2021-004 to amend the City’s Short-Term Vacation Rental Program Permit Fees as recommended with the following amendments:  Permit fee for General STVR (five bedrooms or more) to be set at $1,250;  Add note [a] related to fees if special inspection is required, amount will be billed hourly in half-hour increments using the billing rate of the department providing the services; and  New fees to become effective May 1, 2021. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:18 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 7:42 P.M. WITH ALL MEMBERS PRESENT 2. CONTINUED FROM DECEMBER 15, 2020: ADOPT RESOLUTIONS TO ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2017-0006, AND APPROVE SPECIFIC PLAN 2017- 0002 AMENDMENT NO. 2, TENTATIVE PARCEL MAP 2017-0003, AND SITE DEVELOPMENT PERMIT 2017-0009 PROPOSING AN APPROXIMATE 125,000 SQUARE-FOOT SHOPPING CENTER WITH DRIVE-THROUGHS AND A 63,000 SQUARE-FOOT SUPERMARKET WITH ASSOCIATED VEHICLE FUEL CENTER; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS PREPARED A MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET; PROJECT: PAVILION PALMS SHOPPING CENTER [RESOLUTION NOS. 2021-005 AND 2021-006] Planning Manager Flores presented the staff report, which is on file in the City Clerk’s Office. Applicant Greg Bever, Mark Lenning of MSA Consulting, Inc and Page Winkler of MCG Architecture presented details of the project design. CITY COUNCIL MINUTES Page 12 of 14 MARCH 2, 2021   Council discussed the project landscaping; the fueling station design; delivery times and routes of fuel and groceries to the project; landscaping on lots left vacant for future construction; adequate outside dining space for restaurants; locations of back-of-house facilities; and corner signage and sign program to be developed and approved by the Planning Commission. MAYOR EVANS DECLARED THAT THIS PUBLIC HEARING IS A CONTINUATION OF THE PUBLIC HEARING LEFT OPEN AT THE DECEMBER 15, 2020 MEETING. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY:  Cantarini, Gerald (La Quinta) – supports the improved design; suggests soundproofing the open area at Jefferson Street and Avenue 50 due to heavy traffic noise at that intersection; turn-around space not adequate for double tanker fuel trucks; asked what will be built as part of Phase 1; requested that a 6’-8’ high block wall replace the iron fence between building 1 and the residential community; and asked if Pavilions market building roof will be redesigned. WRITTEN PUBLIC COMMENTS were received from the following prior to the adjournment of the meeting at 9:50 p.m., including those received during the live meeting, and have been distributed to Council and incorporated into the agenda packet:  Mills, Richard – opposes the inclusion of a gas station. Council, the applicant, and applicant’s representatives discussed components of Phase 1 being everything except buildings 1, 2, 8, 9, and 10; confirmed that the placement of buildings has not changed since Council’s review on December 15, 2020; circulation and proper clearances for deliveries; and additional screening between building 1 and the residential community. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:40 P.M. Council discussed the exhaustive and difficult process and multiple design revisions and reviews for this strategic and iconic corner; thanked the Planning Commission, the applicant, and public who provided input; signage program approval process; Council’s inability to restrict uses permitted by the City’s Zoning Code and earlier Site Development Permits; potential that the development will be a community gathering spot; appreciation for the design; and continuing the landscaping and cozy atmosphere to the interior of the development. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to adopt Resolution No. 2021-005 to adopt a Mitigated Negative Declaration for the Fairway Plaza Specific Plan Amendment No. 2, “Pavilion CITY COUNCIL MINUTES Page 13 of 14 MARCH 2, 2021   Palms” Shopping Center and a Mitigation Monitoring and Reporting Program for Environmental Assessment 2017-0006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PAVILION PALMS SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50; CASE NUMBER ENVIRONMENTAL ASSESSMENT 2017-0006; APPLICANT: LUNDIN DEVELOPMENT COMPANY Motion passed unanimously. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to adopt Resolution No. 2021-006 to approve Specific Plan 2017-0002, Amendment No. 2 of the Fairway Plaza Specific Plan (SP 1998-034), Tentative Parcel Map 2017- 0003 (TPM 37370), and Site Development Permit 2017-0009, subject to the Findings and Conditions of Approval: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, FOR APPROVAL OF A SPECIFIC PLAN AMENDMENT, TENTATIVE PARCEL MAP, AND SITE DEVELOPMENT PERMIT FOR THE PAVILION PALMS SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50; CASE NUMBERS: SP 2017-0002, TPM 2017-0003 (TPM 37370), SDP 2017-0009; APPLICANT: LUNDIN DEVELOPMENT COMPANY Motion passed unanimously. STUDY SESSION 1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2021/22 THROUGH 2025/26 CAPITAL IMPROVEMENT PROGRAM Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. Public Works Director/City Engineer McKinney, City Consultant Nick Nickerson of NAI Consulting and Financial Services Analyst Hallick provided additional information in response to Council’s questions. Council discussed funding for the skate park; adding lighting and shade in parks; the purpose of Pavement Condition Index (PCI) ratings and how it relates to funding; funding sources; options to accelerate projects by increasing funding; support to increase Pavement Management Plan (PMP) funding by $1.5 million; the need for ongoing PMP projects to keep the City’s PCI rating above 80, especially as streets age; funding source instability and fluctuation; funding for CV Link stop-points and amenities; the need for more outdoor shaded areas; progress in paying off developer reimbursement agreements; restarting the median improvement project; establishing a committee to work with the City on the Village area design; and drainage projects in the queue. CITY COUNCIL MINUTES Page 14 of 14 MARCH 2, 2021   Council reached a consensus and directed staff to increase CIP funding to $1.5 million and to work with the developer at Eisenhower Drive and Avenue 50 on drainage requirements. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Mayor Pro Tem Radi requested that the City explore the use of the Wellness Center as a vaccination site for seniors. Councilmember Peña noted that a company was mailing advertisements to residents offering to build Auxiliary Dwelling Units in back yards. Councilmember Fitzpatrick said that the Fritz Burns public pool reopening has produced positive community feedback. Mayor Evans reported on her presentation to the Women’s Council of Realtors. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Councilmember Peña reported on his participation in the following organization’s meeting:  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE La Quinta’s representative for 2020, Councilmember Sanchez reported on his participation in the following organization’s meeting:  CALIFORNIA LEAGUE PUBLIC SAFETY TASK FORCE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 9:50 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California