Loading...
2022 05 17 CC MinutesCOUNCIL MINUTES Page 1 of 10 MAY 17, 2022 CITY COUNCIL MINUTES TUESDAY, MAY 17, 2022 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 4:00 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, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Management Analyst Kinley, Management Specialist Griffin, Community Resources Director Escobedo, Public Safety Manager Mendez, Community Resources Manager Calderon, Community Resources Analyst Calderon, Marketing Manager Graham, Finance Director Martinez, Financial Services Analyst Hallick, Public Works Director/City Engineer McKinney, Design and Development Director Castro, and Hub Manager Sanchez. CONFIRMATION OF AGENDA – Confirmed 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: Lynda Farnen, La Quinta – opposed the proposed housing developments located at Avenue 50 and Washington Street; stated that multi-unit housing puts excess demands on traffic, schools, and COUNCIL MINUTES Page 2 of 10 MAY 17, 2022 public facilities; and suggests that in this area, which is a single-family- housing community, better uses would be assisted living facilities or senior housing. PUBLIC SPEAKER IN-PERSON: Dr. Audrey Reed, La Quinta – opposed the proposed housing developments located at Avenue 50 and Washington Street due to the impacts from lighting, noise and traffic; concerned about the sufficiency of the fence/wall separating properties; supports a senior living facility instead; stated that traffic density continues to increase in the area; and urged the City to upgrade maintenance and sidewalks on Avenue 50 between Washington Street and Park Avenue. PUBLIC SPEAKER IN-PERSON: Kevin White, La Quinta (Fairways) – opposed the proposed housing developments located at Avenue 50 and Washington Street due to the negative effect 350 units would have on the residential area; concerned that the traffic study is five years old and done when congestion was not year-round; believes parcels are better suited for much needed senior and assisted living which generates less impact; and Council must balance the need for tax revenue with La Quinta’s quality of life standard. PUBLIC SPEAKER IN-PERSON: Wilbert Friesen, La Quinta – submitted a request to speak opposing the proposed housing developments located at Avenue 50 and Washington Street but elected not to speak. PUBLIC SPEAKER IN-PERSON: Angie Lafferty, La Quinta (Fairways) – opposed the proposed housing developments located at Avenue 50 and Washington Street as well as all development in La Quinta that results in the loss of natural habitat and disruption of the desert’s bio-crust; noted that concrete and pavement prevents replenishment of the aquafer and the 120-150 degrees that pavement reaches, increases the air temperature; stated that the medium to high density housing will increase air pollution, add stress to the power grid, schools, police and fire services, and parking problems along Avenue 50 by the school; and suggested that a better location for this density of housing would be a more walkable area with nearby retail. PUBLIC SPEAKER IN-PERSON: Dante Gomez, La Quinta (Parc La Quinta) – opposed the proposed housing developments located at Avenue 50 and Washington Street due to the high density of auto and pedestrian traffic at that intersection already. Mayor Evans reported that WRITTEN PUBLIC COMMENTS were received as listed below, which were distributed to Council, made available on the City’s website, and included in the record of today’s meeting: COUNCIL MINUTES Page 3 of 10 MAY 17, 2022  Keith Meyer, La Quinta – on behalf of the Duna La Quinta HOA 1, opposing the proposed housing developments at Avenue 50 and Washington Street.  Morgan Myrmo, La Quinta – in support of short-term vacation rentals. PUBLIC SPEAKER IN-PERSON: Alena Callimanis, La Quinta – spoke on behalf of herself and La Quinta Residents for Responsible Development organization regarding their May 3, 2022, letter to Council opposing Planning Commissioner McCune’s behavior during the regular Planning Commission meeting of April 26, 2022; stated that Commissioner McCune should have recused himself from discussion on the Coral Mountain Resort project given his statements; and asked Council to have a discussion with Commissioner McCune regarding his disrespect to public speakers at Planning Commission meetings. City Attorney Ihrke reported that he attended the meeting in question and observed the decorum of all Commissioners among themselves and toward the public which was never inappropriate in his opinion. He explained the procedure that Commissioners can initiate if they believe there has been a breach in decorum and stated that no Commissioners raised any such concern. Mr. Ihrke further explained the absolute immunity granted elected and appointed officials to freely express their opinions on matters within their body’s jurisdiction. Lastly, he said that courts have found there has been a violation of decorum when meetings are so disrupted that they must be recessed due to noise or violence. Mayor Evans said that she reviewed the meeting tape and found that there was a healthy discussion both pro and con of the Coral Mountain Resort project, that the Council values the diversity of opinion of its Commissioners, and with no evidence of unprofessional conduct, she would not support any action against Commissioner McCune or a set aside of the vote taken at that meeting. Councilmember Fitzpatrick concurred. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Carolyn Winnor, La Quinta – read into the record written comments provided by resident Lisa Castro in opposition of the Coral Mountain Resort project. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Steven Frischi, La Quinta – stated that La Quinta was designated as a major fire risk area in the RiskFactor.com link published 5/17/2022 in the Desert Sun, which resulted in his fire insurance being cancelled. Mr. Frischi requested that the City Manager and City Attorney look into this report as he believes it is an error. Council directed staff to research this fire designation as this same mislabeling error happened a few years ago and staff initiated a correction at that time. COUNCIL MINUTES Page 4 of 10 MAY 17, 2022 PUBLIC SPEAKER IN-PERSON: Dorian Whitney, Coachella Valley – opposed to the Coral Mountain Resort project due to water usage, and destruction of the beautiful and unique rock formations; and suggested a water feature for visitors to cool down instead of a huge wave pool. PUBLIC SPEAKER IN-PERSON: Denise Welch, Indio – President of the newly formed national non-profit “Helping You Heal Gardens, Inc.” whose mission is to facilitate the creation of public community healing gardens throughout the U.S.; stated that La Quinta public parks would be an ideal location for one of the organization’s first gardens; and she provided a hand-out, which was distributed to Council, made available on the City’s website, and included in the record of today’s meeting. Mayor Evans explained the City’s Community Services Grant Program and encouraged Ms. Welch to apply on behalf of her non-profit organization. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE LA QUINTA LIBRARY BRANCH MANAGER SARA DELACRUZ Riverside County Library System Deputy Director Sue Duran introduced La Quinta Library Branch Manager Sara Delacruz and gave a brief presentation of Ms. Delacruz’ experience and background. Ms. Delacruz spoke of her background and appreciation for her position at the La Quinta Library branch. 2. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AND COACHELLA VALLEY CONSERVATION COMMISSION – 2021 COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) ANNUAL REPORT CVAG Regional Planner Peter Satin gave a presentation on the history of the Coachella Valley’s habitat; background of the MSHCP; the MSHCP’s objective to preserve the habitat and its native species; and status of the installation of the remainder of the Big Horn Sheep protection fence required by California Fish and Wildlife. CONSENT CALENDAR 1. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH NATIONAL PLANT SERVICES, INC., DESERT CONCEPTS CONSTRUCTION, INC., AND PWLC II, INC., FOR ON-CALL PUBLIC WORKS MAINTENANCE SERVICES COUNCIL MINUTES Page 5 of 10 MAY 17, 2022 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH WILLDAN FINANCIAL SERVICES, INC., FOR ANNUAL LEVY ADMINISTRATIVE SERVICES FOR LIGHTING & LANDSCAPE ASSESSMENT DISTRICT 89-1 3. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC. FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION FOR POOL AND WATER FEATURE MAINTENANCE SERVICES PROJECT NO. 2020-11 4. APPROVE CHANGE ORDER NO. 4 TO CONTRACT WITH VINTAGE ASSOCIATES, INC. FOR PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION 5. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. TO EXTEND CONTRACT FOR TWO ADDITIONAL YEARS FOR ON-CALL PLANNING SERVICES 6. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH ERIC NELSON DBA RASA FOR ON-CALL MAP CHECKING SERVICES 7. APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES WITH MERCHANTS BUILDING MAINTENANCE, LLC FOR CITYWIDE JANITORIAL SERVICES 8. 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) 9. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-03F3, LOCATED AT THE LA QUINTA MARBELLA AND SIERRA DEL REY DEVELOPMENT, ON THE SOUTH SIDE OF MILES AVENUE AND EAST SIDE OF ADAMS STREET COUNCIL MINUTES Page 6 of 10 MAY 17, 2022 10. AWARD CONTRACT TO JACOBSSON ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF THE JEFFERSON STREET AT AVENUE 53 ROUNDABOUT PROJECT NO. 2017-09 11. APPROVE DEMAND REGISTERS DATED APRIL 29 AND MAY 6, 2022 12. ADOPT RESOLUTION SUPPORTING OCEAN WATER IMPORTATION TO REFILL THE SALTON SEA WHILE REDUCING GREENHOUSE GAS EMISSIONS [RESOLUTION NO. 2022-012] 13. APPROVE ONE-YEAR TERM EXTENSION OF SOLUTIONS MAINTENANCE AGREEMENT WITH SUPERION, LLC TO PROVIDE HOSTING AND MAINTENANCE SERVICES FOR THE CITY’S TRAKiT PERMITTING SOFTWARE FOR FISCAL YEAR 2022/23 CONSENT CALENDAR PUBLIC COMMENTS PUBLIC SPEAKER IN-PERSON: Chuck Parker, Palm Desert – (Item No. 12) spoke in support of Salton Sea restoration efforts and thanked the Council and the City for its continued support. PUBLIC SPEAKER IN-PERSON: Feliz Nuñez, Bermuda Dunes – (Item No. 12) spoke in support of Salton Sea restoration efforts and the substantial health and environmental benefits of the water importation plan. MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 8 reaffirming Resolution No. 2021-035, and Item No. 12 adopting Resolution No. 2022-012. Motion passed unanimously. BUSINESS SESSION 1. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE (GCVCC) Director of Business Unit and Housing Development Villalpando and Marketing Manager Graham presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER IN-PERSON: Emily Falappino, President/CEO of the Greater Coachella Valley Chamber of Commerce provided additional information. COUNCIL MINUTES Page 7 of 10 MAY 17, 2022 Council discussed the effectiveness and reasoning for changing The Gem publication from monthly to bi-monthly; including in The Gem a listing of community businesses to connect residents to the amazing community partners; publishing a special edition of The Gem for business promotion perhaps at the beginning of summer; ensuring that the information published is timely, not stale or repetitive; concern that lead time of two to three months for content will preclude inclusion of impromptu events; consequence for advertisers that have twelve month contracts; readership preference for paper versus digital; importance of monthly publication November to April, and summer promotion of businesses for year-round residents; focus on improving the writing and content; the value of The Gem to residents, businesses, and the City; the need to determine if the improvement desired is accomplished with increased competency or increased time to prepare; importance of identifying problem so public money is well spent on this service; locations for the Hot Rod & Custom Car Show to enhance the event and showcase local businesses; leveraging the Taste of La Quinta trademark; opportunities afforded by the SilverRock park and public event space; effectiveness of visiting businesses to make government-chamber-business personal connections; refocus of the Chamber in promoting, engaging and assisting businesses; determining post-COVID needs of businesses; getting feedback from The Gem advertisers as well as businesses that are not Chamber members and that do not advertise in The Gem; including in The Gem a survey to gauge the community’s thoughts on decreasing The Gem issues per year; the high expectations for immediate results when businesses buy ads; and cost of increasing the page count from eight to ten-twelve at $1,100 per page. MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to bring back this item for Council consideration at the June 21, 2022, regular meeting. Motion passed unanimously. 2. APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF JULY 5, AUGUST 16, AND SEPTEMBER 6, 2022 Council waived presentation of the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to approve cancelling the regular City Council meetings of July 5, August 16, and September 6, 2022. Motion passed unanimously. 3. ADOPT RESOLUTION TO APPROVE AMENDED FRANCHISE AGREEMENT WITH BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR SOLID WASTE HANDLING SERVICES AND ADJUSTED MAXIMUM SERVICE RATES [RESOLUTION NO. 2022-013] COUNCIL MINUTES Page 8 of 10 MAY 17, 2022 Management Specialist Griffin presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER IN-PERSON: Frank Orlett, Vice President, Burrtec Waste and Recycling Services, LLC provided additional information. Council discussed automatic tax roll billing versus direct billing; outstanding services provided by Burrtec; process for food waste sorting and composting; monitoring contamination and courtesy notices to residents for non- compliance; the State’s purpose in mandating green waste recycling; edible food recovery and Find Food Bank’s participation; documentation of residents and businesses that are composting; complying with this unfunded State mandate via City-Burrtec partnership; Burrtec’s plan for gradual roll-out of program and swapping out of old trash containers; composted waste marketed to farmers and golf courses by Burrtec; kitchen counter compost pails to be provided by Burrtec upon request; and waste pick up days to be changed for some residents for route efficiency. City Attorney Ihrke said the proposed resolution included in the agenda packet was revised to accurately reflect the approval of an Amended and “Restated” Franchise Agreement, which is a non-substantive amendment. MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to adopt Resolution No. 2022-013 as amended, to approve an Amended and Restated Franchise Agreement with Burrtec Waste and Recycling Services, LLC for solid waste handling services and adjusted maximum service rates; and authorize the City Manager to execute the amended and restated agreement: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDED AND RESTATED FRANCHISE AGREEMENT WITH BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR SOLID WASTE HANDLING SERVICES, EFFECTIVE JULY 1, 2022 Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:52 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 7:03 P.M. WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS FISCAL YEAR 2022/23 PRELIMINARY PROPOSED BUDGET COUNCIL MINUTES Page 9 of 10 MAY 17, 2022 Finance Director Martinez and Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk’s Office. Council discussed the need to protect all sources of revenue; requested marketing rate-of-return data before the budget is passed in June; the expanded responsibilities and related cost increases to the City Clerk’s budget; importance of reading the accompanying narrative along with budget charts for transparency and understanding; budgeting for some cement benches at Y points up in the Cove as resting and photography sites, and possible inclusion of workout stations; adequacy of the IT budget to protect City government from cyber-attacks; importance of remaining consistent and conservative in budget projections; consideration of examining grant funding levels and partnerships with other organizations; need to anticipate inflation; and the thoroughness and clarity of the report prepared by the Finance Department staff. PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office. City Clerk Radeva explained the process for the new voting centers. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña reported on the Bruce Lee Memorial relay; single-family housing projects built to rent only; upcoming Desert Valley Builders Association luncheon regarding power; sympathies to the communities where terrible mass shootings have occurred lately; and attendance at the All-Valley Chamber at the Palm Springs Air Museum. Councilmember Radi requested that the Police conduct a threat assessment of all places of worship and other vulnerable public establishments in La Quinta. Councilmember Sanchez reported his attendance at the California Joint Powers Insurance Authority’s 2nd Annual Governance Leadership Academy held in Palm Desert, May 5-6, 2022. The Academy was geared towards seasoned elected officials from throughout the state and focused on effective and ethical leadership. Mayor Evans reported on the Coachella Valley Volunteers in Medicine; the Harvey Milk breakfast; the Sherriff’s Career Day; and the upcoming Ride-of- Silence event. COUNCIL MINUTES Page 10 of 10 MAY 17, 2022 REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organizations’ meetings:  CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE  SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS – 2022 GENERAL ASSEMBLY BUSINESS SESSION - DELEGATE La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organization’s meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2022, 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/Fitzpatrick to adjourn at 8:00 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California