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2022 10 18 CC MinutesCITY COUNCIL MINUTES TUESDAY, OCTOBER 18, 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. 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, Management Analyst Kinley, Management Specialist Barkas, Marketing Manager Graham, Community Resource Manager Calderon, Community Resource Analyst Calderon, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Finance Director Martinez, Design and Development Director Castro, Planning Manager Flores, and Public Safety Manager Mendez. PLEDGE OF ALLEGIANCE Councilmember Radi led the audience in the Pledge of Allegiance. CONFIRMATION OF AGENDA City Manager McMillen requested that Consent Calendar Item No. 6 be pulled for a separate vote as Mayor Pro Tern Fitzpatrick will recuse herself from discussion and vote on this item due to a potential conflict of interest stemming from the proximity of real property to this project. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Jeff Fishbein, La Quinta Chamber Board Chair, representing the Greater Coachella Valley Chamber of Commerce (Chamber) - thanked the City for some wonderful recent events, in particular the State -of -the -City held on October 6, 2022, at the La Quinta Resort and Club; thanked the Council for the City's continued collaboration with the Chamber; and noted the monthly meeting between the Chamber and the City is scheduled for Thursday, 10/20/2022, at 8:30 a.m., with Mayor Pro Tern Fitzpatrick scheduled to attend. CITY COUNCIL MINUTES Page 1 of 7 OCTOBER 18, 2022 WRITTEN PUBLIC COMMENTS were received from Executive Director Eevet Edens on behalf of the Desert Cancer Foundation thanking Council for their support and award of Community Grant Funding for fiscal year 2022/23; the comments were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - None CONSENT CALENDAR 1. 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) 2. AUTHORIZE OVERNIGHT TRAVEL FOR DIRECTOR OF ECONOMIC AND BUSINESS DEVELOPMENT AND MARKETING MANAGER TO ATTEND 2022 MUSE CONFERENCE IN TUCSON, ARIZONA, DECEMBER 5-8, 2022 3. ADOPT RESOLUTION TO ACKNOWLEDGE RECEIPT OF FISCAL YEAR 2021/22 RIVERSIDE COUNTY FIRE DEPARTMENT'S ANNUAL INSPECTION REPORT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4 [RESOLUTION NO. 2022-0381 4. ADOPT RESOLUTION TO APPROVE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 38188, LOCATED NORTH OF AVENUE 60 AND EAST OF MADISON STREET, WITHIN THE ANDALUSIA AT CORAL MOUNTAIN DEVELOPMENT [RESOLUTION NO. 2022-0391 5. APPROVE PURCHASE OF SIX FLEET VEHICLES FROM PARADISE CHEVROLET DEALERSHIP 6. pulled for a separate vote by Staff >>> ADOPT ORDINANCE NO. 603 ON SECOND READING APPROVING ZONING ORDINANCE AMENDMENT 2022-0002 AND ZONE CHANGE 2022-0003; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION. LOCATION: CITY-WIDE CITY COUNCIL MINUTES Page 2 of 7 OCTOBER 18, 2022 7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JULY 31, 2022 8. APPROVE DEMAND REGISTERS DATED SEPTEMBER 30 AND OCTOBER 7, 2022 MOTION - A motion was made and seconded by Councilmembers Radi/Pena to approve Consent Calendar Item Nos. 1-5 and 7-8 as recommended, with Item No. 1 reaffirming Resolution No. 2021-035, and Item Nos. 3 and 4 adopting Resolution Nos. 2022-038 and 2022-039, respectively. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 6 MAYOR PRO TEM FITZPATRICK RECUSED HERSELF FROM DISCUSSION AND VOTE ON THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HER REAL PROPERTY TO THE PROJECT LOCATIONS MOTION - A motion was made and seconded by Councilmembers Radi/Pena to approve Consent Calendar Item No. 6, adopting Ordinance No. 603 as recommended. Motion passed - ayes 4, noes - 0, abstain - 1 (Fitzpatrick), absent- 0. BUSINESS SESSION 1. APPROVE CONCEPT FOR 40t" ANNIVERSARY COMMEMORATIVE ART PIECE Community Resources Analyst Calderon presented the staff report, which is on file in the Clerk's Office. Council discussed the beauty of the art concepts presented, but that they do not fulfill Council's vision; perhaps a piece created by a collaboration of multiple artists, possibly local artists, using multiple mediums that somehow integrate the City's history; maybe a mural with a timeline and images; dedicating the exhibit space first to help artists envision a piece that fits; a mural may be appropriate at the Talus site; possibly an art piece from which commemorative items can be made for individual keepsakes; an artistic timeline can include the economic, agricultural and tourist aspects of the City's history; starting by preselecting the sacred components of La Quinta's history; confirmed the budget of $15,000 to $20,000; and preference is an outdoor CITY COUNCIL MINUTES Page 3 of 7 OCTOBER 18, 2022 location and a art piece that tells a story and provides education about La Quinta. MOTION - Council did not make a motion on this item. Council directed staff to explore outdoor locations for the art piece, re -issue the request to artists based on Council's comments, and include the Community Services Commission in the process. 2. APPROPRIATE ADDITIONAL MEASURE G AND UNASSIGNED RESERVES IN THE AMOUNT OF $4,501,803; AWARD CONTRACT TO ORTIZ ENTERPRISES, INC. FOR CONSTRUCTION OF THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05 Public Works Director McKinney and Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed funding for the project; CalTrans and Coachella Valley Association of Governments (CVAG) contributions; the contractor's responsibilities; bypass road access; keeping traffic flow in the area moving smoothly; the project timeline and estimated completion; background on contractor Ortiz Enterprises, Inc.; project reimbursement schedule; and the staging location on Housing Authority property. MOTION - A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to appropriate additional unassigned reserves in the amount of $4,501,803; award a contract to Ortiz Enterprises, Inc. to construct the Dune Palms Road Bridge; and authorize the City Manager to execute the contract upon approval by CalTrans and approve future change orders within the project budget amount. Motion passed unanimously. WRITTEN PUBLIC COMMENTS were received from Richard Mills, in his capacity as the Chair for the City's Financial Advisory Commission, regarding the advanced funding source allocations for the Dune Palms Bridge project 2011- 05; the comments were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH RINCON CONSULTANTS, INC. FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) PROFESSIONAL SERVICES Management Analyst Kinley and Rincon Consultants, Inc. Senior GIS Analyst Tracy Popiel presented the staff report, which is on file in the Clerk's Office. CITY COUNCIL MINUTES Page 4 of 7 OCTOBER 18, 2022 Council discussed the amount of data input required; sources of additional data; making it work with the City's app and providing traffic alerts; clarification that it will not collect or publish any personal data, only public information; including historic maps and the City's capital improvement program schedule; timeline for launching the GIS; inclusion of zoning info, development restrictions, Municipal Code and links to other City resources; filtering options; adding crime and fire statistics; entities authorized to add data to the GIS; no additional hardware requirements; and cyber security protection. MOTION - A motion was made and seconded by Councilmembers Pena/ Sanchez to approve Agreement for Contract Services with Rincon Consultants, Inc. for the purchase, implementation, and maintenance of Geographic Information Systems software and provide annual support for a total not to exceed amount of $285,000 for a five-year term; and authorize the City Manager to execute the agreement. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF BREAK AT 5:19 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5: 24 P.M. WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS IMPLEMENTATION OF CITY FUNDED TURF REBATE PROGRAM Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed retroactive turf conversion rebates; focus on commercial landscaping due to watering prohibitions; Coachella Valley Water District's (CVWD) commendable water management and retention; State's blanket approach to water conservation, and it being the State's responsibility to fund rebate programs, not within the City's jurisdiction; inappropriate for the City's public funds i.e., funds meant for the good of all residents, to be used for a few hundred residents to convert their landscaping; data needed before policy can be debated; any commercial or residential program should be need - based; City has been converting its landscaping for years before any conservation mandates were in place; need for CVWD's definition of "recreational uses" where watering is permitted; State's water infrastructure is broken causing cities to find solutions; the environmental benefits of grass and trees for life in the desert; data on number of businesses and residents being fined; if program covers businesses only, justification is needed; CITY COUNCIL MINUTES Page 5 of 7 OCTOBER 18, 2022 including a conversion program in the Highway 111 project; program for commercial businesses unable to meet their landscape maintenance obligations based on city -required landscaping per their development agreements; City refraining from fining businesses for not maintaining landscaping; and if rebates for water conservation are considered, the same for energy conservation may become an issue. PUBLIC SPEAKER: Victoria Llort, Government and Regional Affairs with CVWD - said only the City of Rancho Mirage permitted retroactive rebates; provided the average cost of removal, design, plant products and installation for a 5,000 square foot lot; cost to City of contributing to projects retroactively; CVWD has systems in place to work with cities on any type of program desired; local agencies' control of local conservation; and CVWD does not fund removal of dead grass or plants. Council reached a consensus and directed staff to (1) include a survey in the GEM publication and on the City website to gather data on the number of residents/businesses that have already converted to desert landscaping, (2) develop need -based program options, and (3) collect data from CVWD on (a) residents/businesses in the queue for rebates, (b) financial data on penalties and high tier revenues collected from La Quinta properties, and (c) the businesses that have already converted their landscaping. PUBLIC SPEAKER: Alena Callimanis, La Quinta - spoke about issues with artificial turf; for the future, building pools at every house has to be reconsidered; and important to think holistically. WRITTEN PUBLIC COMMENTS were received from George Batavick, La Quinta, outlining several reasons opposing the implementation of a turf conversion rebate program subsidized by the City, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. PUBLIC HEARINGS - None. DEPARTMENTAL REPORTS - All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Sanchez reported on his attendance at the Coachella Valley Housing Coalition's 40-year celebration. CITY COUNCIL MINUTES Page 6 of 7 OCTOBER 18, 2022 Mayor Evans announced the organic waste workshop set for Saturday at 10:00 a.m. at City Hall; the X Park grand opening Saturday at 10:30 a.m.; the Museum event on October 27t"; and, the economic summit on October 315t REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2022, Mayor Evans reported on her participation in the following organization's meeting: • CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE La Quinta's representative for 2022, Mayor Pro Tern Fitzpatrick reported on her participation in the following organization's meeting: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta's representative for 2022, Councilmember Pena reported on his participation in the following organization's meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE La Quinta's representative for 2022, Councilmember Radi reported on the following organization's contract status with its membership: • SUNLINE TRANSIT AGENCY La Quinta's representative for 2022, Councilmember Sanchez reported on his participation in the following organization's meeting: • CANNABIS AD HOC COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Sanchez to adjourn at 6:19 p.m. Motion passed unanimously. Respectfully submitted, -ft t r 14 MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 7 of 7 OCTOBER 18, 2022