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2022 09 20 CC MinutesCITY COUNCIL MINUTES TUESDAY, SEPTEMBER 20, 2022 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Emergency Services Coordinator Lagunas, Human Resources Analyst Triplett, Community Resource Manager Calderon, Management Analyst Calderon, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Finance Director Martinez, Financial Services Analyst Hallick, Design and Development Director Castro, Planning Manager Flores, Senior Planner Flores, Animal Control/Code Compliance Supervisor Meredith PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA Councilmember Pena said he had questions regarding Consent Calendar Item No. 4; Mayor Evans requested the item be pulled for separate discussion and vote. Council concurred. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD (APN: 600-030-018) CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: BLACKPOINT PROPERTIES UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT CITY COUNCIL MINUTES Page 1 of 10 SEPTEMBER 20, 2022 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 51001 EISENHOWER DRIVE (APN: 773-065-012) CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: BRUCE AND JIM CATHCART UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT 3. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3: 02 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 the following pursuant to Government Code section 54950 et seq. (Brown Act): • CLOSED SESSION ITEM NO. 1 - no reportable action; • CLOSED SESSION ITEM NO. 2 - no reportable action; and • CLOSED SESSION ITEM NO. 3 - Council completed the City Manager's annual performance evaluation; and the City Manager has exceeded expectations for the last year. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Kay Wolff, La Quinta - stated she was disappointed that Council now limits public speaker time donations; and, she and others have comments on a Department Report Item which is at the end of the agenda. PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce and Coldwell Banker realtor - Mr. Fishbein offered an apology to the City, the City Council and the community for the mis-labeling of the editorial in the September publication of the GEM regarding the Q&A between the Chamber (himself as the writer) and the developer of the Coral Mountain Wave project (entitled: 'Coral Mountain Resort Addresses Community Concerns"); and, he explained that the Chamber, not the City, publishes The GEM, and published CITY COUNCIL MINUTES Page 2 of 10 SEPTEMBER 20, 2022 the editorial as an informational and educational piece for the community but the title of the article has caused confusion, leading readers to believe it was City -sponsored. PUBLIC SPEAKER: Rick Wilkerson, La Quinta - spoke about a notice he received from Coachella Valley Water District (CVWD) to cease watering the grass at the Point Happy Shopping Center or be fined $500/day; he explained that the grass was a requirement when the Center was initially developed, and requested assistance from the City in resolving this with CVWD because the $3 per square foot reimbursement compensation offered by CVWD to remove the grass is far short of the actual cost of doing so. Council directed staff to put the issue of turf removal on a future agenda to discuss a possible City assistance program or means to designate the grass areas as recreational, and to invite CVWD to that meeting to participate in resolving the matter. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION IN RECOGNITION OF NATIONAL PREPAREDNESS MONTH - SEPTEMBER 2022 Mayor Evans and Councilmembers presented Emergency Services Coordinator Dana Lagunas with a proclamation in recognition of National Preparedness Month and spoke of the importance of being prepared and having a plan. Ms. Lagunas thanked the City and Council for the opportunity to promote the importance of being prepared and presented a few 'best practices" tips and encouraged folks to get involved in their communities. 2. Taken up out of Agenda order, after Presentation No. 4 > > > PROCLAMATION IN RECOGNITION OF CONSTITUTION WEEK - SEPTEMBER 17-23, 2022, COMMEMORATING THE SIGNING OF THE UNTIED STATES CONSTITUTION Mayor Evans and Councilmembers presented Cahuilla Chapter of the National Society Daughters of the American Revolution Regent Alice Barnhart, First Vice -Regent Wendy Becker and Member Rosemary Hallick with a proclamation in recognition of Constitution Week celebrating the 234t" anniversary of the signing the United States Constitution in September 1787. 3. PROCLAMATION RECOGNIZING RIVERSIDE COUNTY SHERIFF'S DEPARTMENT SERGEANT CHRIS OLSEN FOR HIS SERVICE CITY COUNCIL MINUTES Page 3 of 10 SEPTEMBER 20, 2022 Mayor Evans and Councilmembers presented a Proclamation to Sergeant Olsen in recognition of his public service; and congratulated him on his promotion to Lieutenant, now assigned to the Cabazon station. Sergeant Olsen expressed his gratitude. 4. INTRODUCE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT NEW SERGEANT KYLE LAFOND Lieutenant Martinez introduced Sergeant Lafond; Council congratulated and welcomed Sergeant Lafond in his new assignment to La Quinta; and, Sergeant Lafond gave a brief overview of his experience and said he is looking forward to working in La Quinta. 5. AMERICAN PUBLIC WORKS ASSOCIATION — AWARDED THE 2022 PROJECT OF THE YEAR SMALL CITIES/RURAL COMMUNITIES AWARD TO THE CITY OF LA QUINTA FOR THE LA QUINTA VILLAGE COMPLETE STREETS — A ROAD DIET PROJECT NO. 2015- 03 Mayor Evans provided a brief description of the project and congratulated the City on obtaining this prestigious award. Public Works Director/City Engineer McKinney thanked the La Quinta community, Staff, and City Consultants for the engagement and work on the project; commended the collaborative efforts and grant funding the City received to complete the project; and provided a detailed overview of the project. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF AUGUST 2, 2022 2. APPROVE COUNCIL MEETING MINUTES OF JULY 19, 2022 3. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY ONLY WHEN A PUBLIC MEETING OF THE LEGISLATIVE BODY IS HELD VIRTUALLY PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) 4. Pulled by Council for discussion and separate vote > > > ACCEPT ART DONATION FROM DICK ROBERTS TO BE INCLUDED IN THE CITY'S ART IN PUBLIC PLACES COLLECTION — BRONZE RAM SKULL SCULPTURE BY ARTIST JACK ZAJAC CITY COUNCIL MINUTES Page 4 of 10 SEPTEMBER 20, 2022 5. RECEIVE AND FILE FOURTH QUARTER FISCAL YEAR 2021/22 TREASURY REPORTS FOR APRIL, MAY, AND JUNE 2022 6. APPROVE DEMAND REGISTERS DATED JULY 29, AUGUST 5, AND AUGUST 12, 2022 7. APPROVE DEMAND REGISTERS DATED AUGUST 19, AUGUST 26, SEPTEMBER 2, AND SEPTEMBER 9, 2022 8. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO. 37891 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE JEFFERSON STREET RESIDENTIAL APARTMENT DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE [RESOLUTION NO. 2022-032] 9. APPROVE PURCHASE OF ASPHALT PATCHER FOR EFFICIENT POTHOLE REPAIRS THROUGH SOURCEWELL COOPERATIVE PURCHASING 10. APPROVE PURCHASES OF INFORMATION TECHNOLOGY EQUIPMENT THROUGH CDWG, NEWEFF, AND DELL 11. COMMIT THE CITY TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT'S GO HUMAN SAFETY PLEDGE BY CREATING STREETS THAT PROMOTE WALKING, BIKING, AND COMMUNITY CONNECTIONS IN LA QUINTA 12. ACCEPT SILVERROCK WAY STREET IMPROVEMENTS PROJECT NO. 2014-13 LOCATED BETWEEN AVENUE 52 AND JEFFERSON STREET 13. APPROVE CHANGE ORDER NO. 1 TO CONTRACT WITH URBAN HABITAT FOR THE LA QUINTA RENOVATION TOPAZ PROJECT NO. 2016-03F FOR ADDITIONAL MISCELLANEOUS WORK REQUESTS AND RELATED PROJECT BUDGET 14. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, INC. THROUGH SOURCEWELL COOPERATIVE PURCHASING FOR INSTALLATION OF SHADE STRUCTURE AT MONTICELLO PARK, PROJECT NO. 2022-20 CITY COUNCIL MINUTES Page 5 of 10 SEPTEMBER 20, 2022 MOTION - A motion was made and seconded by Councilmembers Pena/Radi to approve Consent Calendar Item Nos. 1-3 and 5-14 as recommended, with Item No. 8 adopting Resolution No. 2022-032. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 4 Management Analyst Calderon presented the staff report and power point which are on file in the City Clerk's Office. Council discussed the dimensions of the donated art piece, possible placements for protection of the sculpture, pedestal design, and storage of the sculpture until a permanent location is found. MOTION - A motion was made and seconded by Councilmembers Pena/ Fitzpatrick to approve Consent Calendar Item No. 4 as recommended. Motion passed unanimously. BUSINESS SESSION 1. APPROVE VETERAN NOMINATIONS FOR INCLUSION ON VETERANS' ACKNOWLEDGEMENT MONUMENTS AT CIVIC CENTER CAMPUS Community Resources Analyst Calderon presented the staff report, which is on file in the Clerk's Office. PUBLIC SPEAKER: Dale Tyerman, La Quinta - spoke in support of Major Peter Fleury's nomination. MOTION - A motion was made and seconded by Councilmembers Pena/ Sanchez to approve veteran nominations for inclusion on the Veterans Acknowledgment Monuments at the Civic Center Campus as recommended. Motion passed unanimously. PUBLIC INTEREST ANNOUNCEMENTS: Community Resource Manager Calderon announced that on Thursday, September 22, 2022, the City will hold its Pillars of the Community event at City Hall, starting at 4 p.m., which will include acknowledgement of Pillars of the Community, Senior Inspiration Awards, and Distinguished Artists and Athletes. La Quinta High School will hold its Homecoming Parade tomorrow, Wednesday, September 21, 2022, starting at 4:30 p.m., on Main Street in Old Town La Quinta. CITY COUNCIL MINUTES Page 6 of 10 SEPTEMBER 20, 2022 2. APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR ADDITIONAL ON -CALL PLANNING SERVICES Planning Manager Flores presented the staff report, which is on file in the Clerk's Office. Council discussed the parameters of the Amendment which authorizes examination of the fiscal impact of annexation, not the intent to annex any portion at this time; the City of Coachella's request to Riverside County Local Agency Formation Commission (LAFCO) attempting to encroach into La Quinta's sphere -of -influence (SOI); the process for determining a city's SOI; cost to La Quinta to expand the City's boundary into the SOI; the effects on the residents in and bordering the SOI; and examining an expanded SOI. MOTION - A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to Approve Amendment No. 4 to Agreement for Contract Services with Terra Nova Planning & Research, Inc. to expand on -call planning services in the amount of $117,250, to include preparation and processing of fiscal impact analysis and applications for City annexation; and authorize the City Manager to execute the agreement. Motion passed unanimously. STUDY SESSION - None PUBLIC HEARINGS 1. ADOPT RESOLUTION TO ADOPT REVISIONS TO THE HOUSING ELEMENT UPDATE (GPA 2020-0001), MAKING MINOR MODIFICATIONS TO THE 2022-2029 HOUSING ELEMENT PER REQUESTS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; CEQA: THE HOUSINGS ELEMENT WAS PREVIOUSLY ANALYZED UNDER EA 2021-0010; LOCATION: CITY-WIDE [RESOLUTION NO. 2022-0331 Consulting Planner Criste presented the staff report, which is on file in the Clerk's Office. Council discussed the definition of "Regional Housing Need"; collaborating with other cities via consolidation of funds and affordable housing credits to build in areas with affordable land and sufficient public amenities; and the inability of water and sewer utility companies to deny extending lines to service affordable housing projects. CITY COUNCIL MINUTES Page 7 of 10 SEPTEMBER 20, 2022 MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:31 P.M. PUBLIC SPEAKER: None MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:31 P.M. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/ Sanchez to adopt Resolution No. 2022-033 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING REVISIONS TO THE 2022-2029 HOUSING ELEMENT Case No. GPA 2020-0001; Applicant: City of La Quinta Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk's Office. 3. 2022 CONSOLIDATED GENERAL ELECTION AND MEASURE A UPDATE City Clerk Radeva presented the departmental report, which is on file in the Clerk's Office. Council discussed the current annual operating budget of $68.3 million and the expected increases in future years; City reserve category types, restrictions, and funds; Brown Act law being the reason for just two of the five Councilmembers preparing and signing the argument/rebuttal against Measure A; and the effort and accuracy of the argument/rebuttal written by Councilmembers Radi and Fitzpatrick. PUBLIC SPEAKER: Joe Diodati, La Quinta - introduced Mr. James Alderson and provided information on his background as a CPA and hospital CFO. PUBLIC SPEAKER: James Alderson, La Quinta [used time donated by his wife] quoted sections of the City's Annual Financial Comprehensive Report for year ended June 30, 2021; provided his analysis of the City's budget and reserve funds; noted possible Excel formula errors in the 10-year budget projection spreadsheets reviewed by the Financial Advisory Commission in February 2022 and assumptions/projections; requested that the City's 10-year budget projections include fiscal year 2021/22 actuals to get more accurate projections; and agreement to meet with the City's financial staff and possibly members of the Financial Advisory Commission to review the City's data in detail, including unique municipal finance and reporting laws. CITY COUNCIL MINUTES Page 8 of 10 SEPTEMBER 20, 2022 PUBLIC SPEAKER: Don Shoffstall, La Quinta - stated that Measure A is not about money, it's about quality -of -life; residents are still suffering, but don't make complaint calls because they have faith that Measure A will soon pass; La Quinta will continue to be a tourist destination if Measure A passes if the City works to encourage development of STVRs in the exempt areas; displacement of young family renters and upward pressure on rent; enforcement does not work under the program; and if Measure A passes, illegal operators will be reported to City enforcement. PUBLIC SPEAKER: James Lambert, La Quinta - provided information on STVRs in exempt areas; proper zoning prohibits STVRs in residential zones; affordability and availability of homes and rentals if Measure A passes; STVRs in Homeowners' Associations; and if Measure A passes, the City will still be responsible to enforce its zoning laws and can cover that cost with revenues from legal STVRs. PUBLIC SPEAKER: Kay Wolff, La Quinta - spoke about the growth of STVRs since 2012, and the delay in getting it under control; stated the current ordinance is almost perfect with the exception that Council cannot legally make the ban on new STVRs permanent; foresees that future Councils will be pressured to lift the ban; and noted that no city that has banned STVRs has gone bankrupt, nor cut police or fire services. NOTE: Councilmembers engaged public speakers in discussion regarding their remarks during each speakers' time at the podium. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Fitzpatrick reported on a water seminar, the League of California Cities 2022 Annual Conference and Expo held in Long Beach (September 7-9, 2022), September 11 Candlelight Vigil the City held at the Civic Center Campus, and Make -a -Wish events she attended. 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 • LEAGUE OF CALIFORNIA CITIES DELEGATE La Quinta's representative for 2022, Mayor Pro Tern Fitzpatrick reported on her participation in the following organizations' meetings: • COACHELLA VALLEY MOUNTAINS CONSERVANCY • RIVERSIDE COUNTY TRANSPORTATION COMMISSION CITY COUNCIL MINUTES Page 9 of 10 SEPTEMBER 20, 2022 • CVAG TRANSPORTATION COMMISSION (attended on behalf Councilmember Radi) La Quinta's representative for 2022, Councilmember Pena reported on his participation in the following organization's meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/ Radi to adjourn at 8:43 p.m. Motion passed unanimously. Respectfully submitted, i i MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 10 of 10 SEPTEMBER 20, 2022