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2022 02 15 CC Minutes CITY COUNCIL MINUTES Page 1 of 10 FEBRUARY 15, 2022 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 15, 2022 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted 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, Deputy City Clerk Romane, Director of Business Unit and Housing Development Villalpando, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Design and Development Director Castro, Planning Manager Flores, Acting Community Resources Director Mendez, Community Resources Manager Calderon, Finance Director Martinez, and Interim Accounting Manager Hallick PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA City Clerk Radeva said staff would like to pull Consent Calendar Item No. 11 and move it for consideration under Business Session Item No. 2. Council concurred. CLOSED SESSION 1. 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) CITY COUNCIL MINUTES Page 2 of 10 FEBRUARY 15, 2022 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:33 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:05 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans said Council will recess back into Closed Session after the Open Session portion of the meeting to finish discussion on Item No. 1. PLEDGE OF ALLEGIANCE Mayor Evans led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER IN-PERSON: Philip Bettencourt, La Quinta – announced that he was appointed to serve on the Imperial Irrigation District Coachella Valley Energy Commission as the At-Large Commissioner for Cities, and looked forward to working with Council in that capacity. PUBLIC SPEAKER IN-PERSON: Anast Demitt, La Quinta – spoke on behalf of the La Quinta Residents for Responsible Development. Mr. Demitt provided comments on the Draft Environmental Impact Report’s water demand analysis prepared for the Wave at Coral Mountain project. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson, Rancho Mirage – former employee of the Coachella Valley Mosquito and Vector Control Board (CVMVCB), encouraged Council to stay abreast of the actions and proposals of the CVMVCB and disseminate that information to La Quinta residents. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. TALUS - PROJECT STATUS UPDATE PUBLIC SPEAKERS IN-PERSON: Senior Project Manager Josh Frantz with Robert Green Company, and Chief Operating Officer with Rilington Group Bruce Maize provided a detailed presentation on the project’s overall progress and sequence of activities onsite. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Robert Green, President of The Robert Green Co. – said renderings and videos of the finished CITY COUNCIL MINUTES Page 3 of 10 FEBRUARY 15, 2022 site are available on the Talus website, and a link to that information can be added to the City’s website for residents’ convenience. CONSENT CALENDAR 1. ADOPT ORDINANCE NO. 598 ON SECOND READING ADDING SECTION 14.16.415 TO THE LA QUINTA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE MAINTENANCE OF ANY PUBLIC RIGHT-OF-WAY 2. RECEIVE AND FILE FISCAL YEAR 2020/21 ART IN PUBLIC PLACES ANNUAL REPORT 3. APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52 WEST OF MADISON STREET 4. APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 31249, CANTERA, A RESIDENTIAL DEVELOPMENT LOCATED ON THE SOUTH SIDE OF AVENUE 58 WEST OF MADISON STREET 5. AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT ASSISTANT TO ATTEND CITY CLERKS’ ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 200 IN RIVERSIDE, CALIFORNIA, MARCH 15-18, 2022 6. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCIAL SERVICES ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL TREASURERS’ ASSOCIATION ANNUAL CONFERENCE IN NEWPORT BEACH, CALIFORNIA, MAY 4-5, 2022 7. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) 8. APPROVE DEMAND REGISTERS DATED JANUARY 28 AND FEBRUARY 4, 2022 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2021 CITY COUNCIL MINUTES Page 4 of 10 FEBRUARY 15, 2022 10. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE STRIPING REFRESH (PROJECT NO. 2021-04) 11. Pulled from Consent Calendar by Staff and moved for consideration under Business Session No. 2 >>> APPROVE REQUEST TO AMEND THE LAW ENFORCEMENT SERVICE AGREEMENT WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT TO CONVERT TWO TRAFFIC CAR POSITIONS TO TRAFFIC MOTOR POSITIONS MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item Nos. 1-10 as recommended, with Item No. 1 adopting Ordinance No. 598 and Item No. 7 reaffirming Resolution No. 2021- 035. Motion passed unanimously. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke in opposition to the reaffirmation of Resolution No. 2021-035 regarding State AB 361 because he believes it restricts access to public meetings held by City Boards and Commissions, and noted that Consent Calendar Item Nos. 5 and 6 contradict the safeguards of AB 361. City Attorney Ihrke provided an explanation of AB 361, its purpose and its alternative means of public attendance and participation; noted that the City provides multiple postings where the public can learn how to participate remotely; and that every meeting of every public body in the City is, and has always been, a publicly noticed public meeting. BUSINESS SESSION 1. APPROPRIATE HIGHWAY BRIDGE PROGRAM ADVANCED CONSTRUCTION FUNDING IN THE AMOUNT OF $14,936,122; APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVE PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE, AND AUTHORIZE FOR BID THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05, LOCATED ON DUNE PALMS ROAD OVER THE COACHELLA VALLEY STORM WATER CHANNEL Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 5 of 10 FEBRUARY 15, 2022 Council discussed project reimbursement funds to be returned to the reserve fund; minimizing impacts around the bridge during construction as was done with the Dune Palms bridge; and the project is an appropriate use of Measure G funds. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Sanchez to: A. Appropriate Highway Bridge Program Advanced Construction Funding in the amount of $14,936,122, with $7,468,061 from Measure G reserves and $7,468,061 from Unassigned reserves; B. Approve agreement for contract services with TY Lin International to provide construction management and inspection services, and authorize the City Manager to execute the agreement; and C. Approve plans, specifications, and engineer’s estimate, and authorize for bid the Dune Palms Road Bridge Project No. 2011-05. Motion passed unanimously. 2. Pulled from Consent Calendar Item No. 11 by Staff and moved for consideration as Business Session No. 2 >>> APPROVE REQUEST TO AMEND THE LAW ENFORCEMENT SERVICE AGREEMENT WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT TO CONVERT TWO TRAFFIC CAR POSITIONS TO TRAFFIC MOTOR POSITIONS Acting Community Resources Director Mendez, along with Lt. Andy Martinez and Sgt. Chris Olsen of the Riverside County Sheriff’s Department presented the staff report, which is on file in the Clerk’s Office. Council discussed the fuel and maintenance for motorcycles versus that for the police cars; no additional officer positions are being added, just transferring Officers from cars to motorcycles; purpose is not to issue more traffic tickets, but to be able to respond faster to incidents due to motorcycles maneuverability through traffic; the City’s traffic squad ratio will change from currently having 3 cars and 2 motors to instead having 1 car and 4 motors; police cars being more visible to the community, but scope of patrols will not change; downside of replacing cars with motorcycles is the loss of the back seat and trunk carrying optional equipment, but motor Officers are self- sufficient in that they carry on their person or in their saddlebags everything needed, including first aid equipment; currently, if Officers driving either cars or motors need to transport an arrestee to jail or a hospital, Community Service Officers (CSOs) in cars are called in for transport so that the arresting Officer can remain on patrol, and this protocol will not change; there will be no changes to the number of Deputies or patrol hours; research measures to protect Officers on motors from extreme heat such as air-conditioned helmets or cool vests; ability to revert back to patrol cars if the change to motors is CITY COUNCIL MINUTES Page 6 of 10 FEBRUARY 15, 2022 not satisfactory; Lt. Martinez reported that in 2021, there were 477 collisions in the City, 111 involved injury, and 4 involved fatalities – the purpose of motor Officers is to correct driver behavior causing these collisions with the intended result being a reduction; traffic cameras assist in identifying problem intersections for motor Officers to focus on; options of changing only one car to a motor, or negotiating with a neighbor City to trade one car for one motor temporarily in order to save $74,000 while change is evaluated; Sheriff Department’s proposal is to implement the change to four motors for four years, the useful life of new motorcycles, then re-evaluate; and reminder that La Quinta had four motor Officers originally, but due to lack of available Officers, it was reduced to two motors. PUBLIC SPEAKERS IN-PERSON: Alena Callimanis, La Quinta – suggested that Council change only one car to a motor for six months because wind, swirling sand and heat conditions are unsafe for motors. Council discussed the concept that patrol cars are more visible and therefore more of a detriment to crime; Lt. Martinez reported that there is an inverse correlation between the number of motors on patrol and the number of collisions, and that motors are five times more efficient than cars in traffic control; awaiting the report from Riverside County Sheriff on the availability, training, development, and data tracking of CSOs’ activities; and the need to consider this request as part of a larger conversation on budget, CSO data, and how the duties of patrol cars, motors, CSOs, etc. are integrated. MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to continue this item on a future Council agenda, date to be determined by Staff, when more information and data is available regarding the City’s budget, CSO activity, and delineation of duties performed by each type of Officer serving the City. Motion passed unanimously. STUDY SESSION – None MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:24 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:27 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS 1. ADOPT RESOLUTIONS TO ADOPT A NEGATIVE DECLARATION (EA 2021-0010) AND A GENERAL PLAN AMENDMENT (GPA 2020-0001), FOR THE 2022-2029 HOUSING ELEMENT UPDATE CITY COUNCIL MINUTES Page 7 of 10 FEBRUARY 15, 2022 AND UPDATES TO 2035 GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS (SAFETY ELEMENT); CEQA: A NEGATIVE DECLARATION WAS PREPARED UNDER ENVIRONMENTAL ASSESSMENT 2021-0010; LOCATION: CITY- WIDE [RESOLUTION NOS. 2022-003 AND 2022-004] Planning Manager Flores presented the staff report which is on file in the Clerk’s Office. Council discussed Local Early Action Planning (LEAP) grant funds received for the production of the Housing Element, but no grant funds yet identified for building any affordable units; Lift-to-Rise organization received $25 million from the State, but are only funding shovel-ready projects, and providing short-term loans to developers; ensuring that the City’s accessory dwelling unit (ADUs) ordinance is in compliance with State requirements; collecting data on ADUs in order to count them in the City affordable housing unit numbers; effect of State SB9 on the Housing Element; the density of 30 units per acre can be increased by a density bonus of up to 50% (i.e. 45 units per acre) – the density bonus percentage is a calculation based on the number of units at each income level; adding “low barrier navigation centers” to the Housing Element; suggestion to require future affordable housing developers to allocate some units for “rapid rehousing” and “transitional housing;” and establishing a mechanism to capture rented ADUs in the housing numbers through outreach, surveys or incentives. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:00 P.M. PUBLIC SPEAKERS: None MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:01 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/ Sanchez to adopt Resolution No. 2022-003 adopting a Negative Declaration (EA 2021-0001) for the 2022-2029 Housing Element Update and updates to the 2035 General Plan Chapter IV, Environmental Hazards (Safety Element) as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT 2020-0001 FOR THE 2022-2029 HOUSING ELEMENT UPDATE AND UPDATES TO 2035 GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS Motion passed unanimously. CITY COUNCIL MINUTES Page 8 of 10 FEBRUARY 15, 2022 MOTION – A motion was made and seconded by Councilmembers Peña/ Sanchez to adopt Resolution No. 2022-004 adopting a General Plan Amendment (GPA 2020-0001) for the 2022-2029 Housing Element Update and updates to the 2035 General Plan Chapter IV, Environmental Hazards (Safety Element) as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A GENERAL PLAN AMENDMENT FOR THE 2022- 2029 HOUSING ELEMENT UPDATE AND UPDATES TO 2035 GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS Motion passed unanimously. 2. REQUEST TO CONTINUE PUBLIC HEARING TO APPROVE DEVELOPMENT AGREEMENT FOR POLO VILLAS RESIDENCES; CEQA: THE PROJECT IS CONSISTENT WITH PREVIOUSLY ADOPTED ENVIRONMENTAL ASSESSMENTS 2005-537 AND 2010- 608; LOCATION: WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed including the minutes of the Planning Commission on this matter in the next report on the Polo Villas Residences. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:08 P.M. PUBLIC SPEAKER: Alena Callimanis, La Quinta – said that she attended the Planning Commission meeting on this matter where there was discussion on whether the project abided by the City’s short-term vacation rental (STVR) ordinance, and a statement was made by the developer that he would not purchase the property to develop if the property could not be permitted under the STVR program. MAYOR EVANS DECLARED THAT THE PUBLIC HEARING WOULD REMAIN OPEN MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to continue the Public Hearing to March 1, 2022, to ensure noticing requirements comply with the La Quinta Municipal Code. Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. CITY COUNCIL MINUTES Page 9 of 10 FEBRUARY 15, 2022 Mayor Evans noted that Departmental Report No. 3, included in the agenda packet, on the STVR program is posted on the City’s website; and the Fire Department has an increase in runs in 2021. Councilmember Radi asked Staff for clarification on whether the Fire Department requires an address to respond to a call, or if a landmark, such as naming a retail store or church is sufficient. Mayor Pro Tem Fitzpatrick asked Staff to determine if the Fire Department periodically checks the facades of homes and businesses to ensure that address numbers are clearly visible. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña reported that he has received many positive comments on the skate park and especially the celebrity attendance, with all greatly anticipating the opening. Mayor Evans reported on her attendance along with Mayor Pro Tem Fitzpatrick at the Concert-in-the-Park last Saturday, 2/12/2022, where parking was well handled, but may want to increase the number of food trucks for the next season. Also, band breaks should be shortened because many folks leave due to the 30-45 minute breaks. Mayor Evans reported that the Museum, Farmers’ Market, and Art-on-Main are all very well attended; she will be riding in the Presidents’ Day Parade and invited others to join her; on the Joe Smith radio program, she gave a half hour update on La Quinta events, projects, STVRs, etc.; and reminded all that the City’s Annual Community Workshop is scheduled for Saturday, March 12, 2022, between 9 a.m. and 12 p.m., which is also the day the Scouts will be planting trees at SilverRock, and the Art-on-Main event will be in progress. Mayor Pro Tem Fitzpatrick asked for data on the number of public record requests fulfilled and the cost associated with that. City Clerk Radeva said the information has been compiled and will be part of the presentation at the Community Workshop scheduled for March 12, 2022. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organizations’ meetings:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION  CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE CITY COUNCIL MINUTES Page 10 of 10 FEBRUARY 15, 2022 La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organizations’ meetings:  CVAG TRANSPORTATION COMMITTEE  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2022, Councilmember Peña reported on his participation in the following organizations’ meetings:  COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT  CVAG PUBLIC SAFETY COMMITTEE  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE La Quinta’s representative for 2022, Councilmember Sanchez reported on his participation in the following organization’s meeting:  ANIMAL CAMPUS COMMISSION CLOSED SESSION – Continued 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 BACK INTO CLOSED SESSION AT 6:36 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:20 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 8:21 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California