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2022 11 15 CC MinutesCITY COUNCIL MINUTES TUESDAY, NOVEMBER 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. 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, Marketing Manager Graham, Community Resources Manager Calderon, Management Analyst Calderon, Management Specialist Barkas, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Finance Director Martinez, Senior Emergency Management Coordinator Lagunas, Traffic Management Analyst Gunterson, Management Analyst Kinley, Design and Development Director Castro, Planning Manager Flores, Hub Manager Sanchez, Public Safety Manager Mendez. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA - Confirmed 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) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:31 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:03 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES Page 1 of 7 NOVEMBER 15, 2022 REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans reported that Council will recess back to Closed Session after the Open Session portion of the meeting to continue consideration of Closed Session Item No. 1. PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKERS: Matthew Snyder, Claudia Snyder, Kelly Baucum, La Quinta - read emails sent to the City Manager, and reported on conversations with enforcement staff regarding special event permits issued to Robert and Lynn Daniels of the DuPont Estate (46485 Cameo Palms Dr); explained that the notification requirements pursuant to the permit and the Municipal Code were not issued by the owners of the DuPont Estate for some of the recently held events; asked the City to pursue enforcement accordingly; and stated that neighbors are prepared to take legal action against the Daniels and the City. PUBLIC SPEAKER: David Dinnel, Los Angeles and La Quinta - said if Measure A is approved, he will be forced to sell his home in La Quinta as he will not be able to afford it without the ability to rent it short-term; and that even though he is a property owner in La Quinta and pays property taxes as required, he does not have the right to vote on local matters as his primary residence is still in Los Angeles until he is able to retire in La Quinta, which he deems as unfair. WRITTEN PUBLIC COMMENTS were received, distributed to Council, made public on the City's website, and included in the public record of this meeting as follows: • Matthew and Claudia Snyder, La Quinta - commented on the Special Events Permit issued to the DuPont Estate (46485 Cameo Palms Dr) and that notices to residents were not sent out as required per the permit and the Municipal Code. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. IRONMAN 70.3 INDIAN WELLS - LA QUINTA TRIATHLON - DECEMBER 4, 2022 EVENT UPDATE AND ROUTE Traffic Management Analyst Gunterson and Senior Emergency Management Coordinator Lagunas provided a detailed presentation on the Ironman CITY COUNCIL MINUTES Page 2 of 7 NOVEMBER 15, 2022 triathlon route, traffic control plan, traffic flow, signage plan, and outreach program. IRONMAN RACE DIRECTOR Danial James provided additional information. Council discussed the traffic control equipment to be used; the pace car driver preparation; notification of Citrus community residents of gate closures; law enforcement training manual; verbal instructions from police command to officers; City staff and police command -center during race; Tennis Garden's vaccination requirements for participants; number of athletes expected; return of junior event "Ironkids" next year; signs around City need dates; phone number on signs goes to Ironman hot line; IWLQ race info, real time updates; HOAs outreach by Ironman; notification to STVR owners to notify their guests; ability to confirm that HOA Managers are getting info to all residents, especially new homeowners; commercial corridor access and "Shop La Quinta" campaign; and announce this event at the City's upcoming annual Tree Lighting ceremony. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF OCTOBER 18, 2022 2. 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) 3. ADOPT ORDINANCE NO. 604 ON SECOND READING AMENDING TITLE 8 OF THE LA QUINTA MUNICIPAL CODE AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS 4. APPROPRIATE FUNDING IN THE AMOUNT OF $219,538; AWARD CONTRACT TO DESERT CONCEPTS CONSTRUCTION, INC. FOR CONSTRUCTION OF THE BLACKHAWK WAY SCHOOL CROSSING PROJECT NO. 2022-22 5. AWARD CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE MOON RIVER DRIVE PAVEMENT REHABILITATION PROJECT NO. 2022-10 CITY COUNCIL MINUTES Page 3 of 7 NOVEMBER 15, 2022 6. APPROVE DEMAND REGISTERS DATED OCTOBER 28 AND NOVEMBER 4, 2022 MOTION - A motion was made and seconded by Councilmembers Pena/Radi to approve the Consent Calendar as recommended, with Item No. 2 reaffirming Resolution No. 2021-035, and Item No. 3 adopting Ordinance No. 604. Motion passed unanimously. BUSINESS SESSION - None STUDY SESSION 1. RECEIVE AND FILE ANNUAL REPORT OF ACTIVE DEVELOPMENT AGREEMENTS (DAs) Planning Manager Flores presented the staff report, which is on file in the City Clerk's Office. Council discussed the remedies the City has available if the Notices of Default are not cured in the required timeframe; former concessions to developers in default during the recession; responsibility of developers to live up to the agreements they enter into; no reduction in mitigation fees should be considered until all mitigation fees are paid; and inquiries regarding sales of developments in default. City Attorney Ihrke explained that the Centre Pointe development has both a DA and a Disposition and Development Agreement (DDA) under which the possible remedies available to the City are a lien against the property, or exercise the right of reversion if the cure period for default is not met; and acknowledged the work of Planning and Finance staff in tracking very convoluted agreements that have undergone changes of ownership, swapping of responsibilities, etc. Council reached a consensus and directed staff to stay the course on tracking and enforcing DAs; keep City policy of no fee reductions; and issue notices of defaults on developers who do not perform in accordance with their DAs. 2. DISCUSS CITYWIDE DRAINAGE IMPROVEMENTS Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed use of large mobile pumps on a temporary basis; legal obligation of the Haciendas residential development to pump out its lake, and CITY COUNCIL MINUTES Page 4 of 7 NOVEMBER 15, 2022 City's recourse if obligation is not fulfilled; changes to retention requirements after bridge is built; include an update on drainage projects at the next Community Workshop, including City's revenue sources and project budgets; prioritization of drainage projects; timeline of projects over the next five (5) years; additional funding needed; freezing funding allocations until election results are in, so revenue sources are known; education of citizens is necessary regarding City reserves, its budget and its real financial situation; possibility of accelerating drainage projects if mid -year budget shows surplus; support for in -lieu -fees for small village developments to relieve them of the burden of building onsite retention; and possibility of using land around the Museum for retention. PUBLIC HEARINGS - None DEPARTMENTAL REPORTS - All reports are on file in the City Clerk's Office. 3. CITY CLERK - SHORT-TERM VACATION RENTAL (STVR) PROGRAM QUARTERLY REPORT - JULY THROUGH SEPTEMBER 2022 Council discussed the community's belief that the STVR hotline does not work after-hours and on weekends. Public Safety Manager Mendez stated that the STVR Hotline is answered by a person 24/7, provided the phone number, and explained how calls are handled. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans reported on recent Chamber of Commerce ribbon -cuttings for new businesses in La Quinta; Council attendance at the Coachella Valley History Museum event; the music event at La Quinta Museum; Veterans' Day event; Veterans' event at the Assisted Living Memory Care center; La Quinta Art Celebration event, and the volunteer appreciation luncheon; X-Park El Gato event; Palm Springs Air Museum stealth unveiling event; Volunteers in Medicine gala; LifeStream gala; and Old Town Artisan Studio's pre -party for Color of the World upcoming gala. Councilmember Fitzpatrick reported that she and Councilmember Pena selected art from three artists for the City's collection; and the organization, Tools for Tomorrow were instrumental in providing needed volunteers for the Art Celebration. CITY COUNCIL MINUTES Page 5 of 7 NOVEMBER 15, 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 • IMPERIAL IRRIGATION DISTRICT - ENERGY COMMISSION La Quinta's representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organizations' meetings: • COACHELLA VALLEY MOUNTAINS CONSERVANCY • RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta's representative for 2022, Councilmember Pena reported on his participation in the following organizations' meetings: • CVAG PUBLIC SAFETY COMMITTEE • IMPERIAL IRRIGATION DISTRICT - ENERGY CONSUMERS ADVISORY COMMITTEE La Quinta's representative for 2022, Councilmember Radi reported on his participation in the following organization's meeting: • CVAG TRANSPORTATION COMMITTEE La Quinta's representative for 2022, Councilmember Sanchez reported on his participation in the following organizations' meetings: • ANIMAL CAMPUS COMMISSION • LEAGUE OF CALIFORNIA CITIES - TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE City Clerk Radeva reported that the deadline for the Riverside County Registrar of Voters (ROV) to certify election results is December 8, 2022, and Ms. Radeva anticipates the City Council's certification, along with related ordinance and resolutions, will be on the December 20, 2022 Council agenda, unless the ROV is able to certify the results sooner. CLOSED SESSION - Continued 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) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 5:57 P.M. CITY COUNCIL MINUTES Page 6 of 7 NOVEMBER 15, 2022 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:41 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 54957.1 (Brown Act). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 6:42 p.m. Motion passed unanimously. Respectfully submitted, V6 MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 7 of 7 NOVEMBER 15, 2022