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2023 02 21 CC MinutesCITY COUNCIL MINUTES TUESDAY, FEBRUARY 21, 2023 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:43 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Ken Calvert, United States Representative for California's 41St Congressional District — Congressman Calvert introduced himself; stated that he has served in the U.S. Congress for 30 years, is the senior Republican in the State of California, is Chair of the Defense Appropriations subcommittee, and is 2nd ranking member on the Energy and Water Appropriations Committee; stated he is looking forward to representing residents of La Quinta; is seeking input from communities on what they need from the federal government; and announced that he has opened an office in Palm Desert to serve constituents. Mayor Evans explained that she, along with Mayor Pro Tern Sanchez and city staff, met with Congressman Calvert and his staff to discuss challenges facing La Quinta and the Coachella Valley such as energy issues, infrastructure demands in the Valley, and the need for public safety grants. CONFIRMATION OF AGENDA — Confirmed CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) 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 3:48 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:09 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES Page 1 of 7 FEBRUARY 21, 2023 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). PLEDGE OF ALLEGIANCE Mayor Pro Tem Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Ronald Dennis, La Quinta — expressed concerns about the sand blowing from the Talus project site. City Manager McMillen noted the ownership interests of the SilverRock/Talus site are shared between the Coachella Valley Water District, the City, and the Robert Green Company; and explained the dust mitigation measures in place. PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker realtor, and La Quinta resident — announced the 16t" annual 2023 La Quinta Car Show will be held on Saturday, February 25, 2023, at the La Quinta Community Park, from 9 a.m. to 3 p.m.; and updated Council on membership, city walks, GEM ad sales, ribbon cuttings, Chamber 101 mixers, and State -of -the -City event in October. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. TALUS — PROJECT STATUS UPDATE President and CEO Robert Green of Robert Green Company addressed mitigation measures for blowing sand at the project site; informational meetings with golf course staff and homeowners' associations; contacted Chamber of Commerce to get on its agenda; attendance at a gathering of concerned citizens; provided details on the project's overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, 2) Montage Guestrooms, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, 7) Pendry Hotel; and loans and funding update. Council discussed loans and funding; and contractors and subcontractors under contract, and ability to commence construction again, immediately when funding is secured. CONSENT CALENDAR 1. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND DEPUTY CITY CLERK TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2023 CONFERENCE IN LONG BEACH, CALIFORNIA, MAY 30 — JUNE 1, 2023 CITY COUNCIL MINUTES Page 2 of 7 FEBRUARY 21, 2023 2. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCIAL SERVICES ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION ANNUAL CONFERENCE IN SAN MATEO, CALIFORNIA, APRIL 25-28, 2023 3. EXCUSE ABSENCE OF COMMISSIONER TYERMAN FROM THE FEBRUARY 28, 2023, PLANNING COMMISSION MEETING 4. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 52 TO AVENUE 54 [RESOLUTION NO. 2023-002] 5. ADOPT RESOLUTION PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY FOR THE CITY DUE TO 2019 NOVEL CORONAVIRUS DISEASE EFFECTIVE FEBRUARY 28, 2023 [RESOLUTION NO. 2023-003] 6. ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO COMPLETE ON - SITE IMPROVEMENTS FOR THE POLO VILLAS RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 33085) LOCATED WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 [RESOLUTION NO.2023-004] 7. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO.33085, POLO VILLAS, A RESIDENTIAL DEVELOPMENT LOCATED WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 8. APPROVE DEMAND REGISTERS DATED FEBRUARY 3 AND FEBRUARY 10, 2023 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2022 CONSENT CALENDAR ITEM NOS. 4 AND 5 — COMMENTS ITEM NO. 4: Mayor Evans commented the lowering of the speed limit on Jefferson St. is an action Council takes independent of the annual State study, based on a local traffic survey. ITEM NO. 5: Mayor Evans and Councilmember Fitzpatrick thanked staff, the community, and businesses for their assistance and cooperation during the COVID-19 state -of - emergency. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve the Consent Calendar as recommended, with Item Nos. 4, 5, and 6 adopting Resolutions No. 2023-002, 2023-003, and 2023-004, respectively. Motion passed unanimously. CITY COUNCIL MINUTES Page 3 of 7 FEBRUARY 21, 2023 BUSINESS SESSION 1. ADOPT RESOLUTION TO APPROVE THE CITY'S GENERAL FUND BALANCE AND RESERVES POLICY [RESOLUTION NO.2023-0051 Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk's Office. Council discussed the natural disaster category recommended reserves; the timeframe to receive Federal Emergency Management Agency (FEMA) and State reimbursements; insured assets not being eligible for federal/state reimbursement; losses that exceed insurance would be eligible; eligibility of insurance deductibles; unassigned funds; and gratitude to the Financial Advisory Commission (FAC) and staff. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to adopt Resolution No. 2023-005 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE GENERAL FUND BALANCE AND RESERVES POLICY Motion passed unanimously. 2. RECEIVE AND FILE FISCAL YEAR 2022/23 MID -YEAR BUDGET REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, DESIGNATE RESERVE FUNDING ALLOCATIONS AND APPROVE ADDITIONAL DISCRETIONARY PAYMENT TO PAY OUTSTANDING PENSION [e]-31[r7_rImk,61 Finance Director Martinez presented the staff report, which is on file in the Clerk's Office. Council discussed additional funding allocation to update the Play in LQ website; repairs and maintenance of the community pool due to increased use; wellness component for employees; City Hall HVAC expenses; vehicle replacements and electric vehicles; Fritz Burns Park future study session; park equipment shade structures; increased use of all City parks; funding for parks and long-term maintenance plans; paying off the City's unfunded pension liability; effect of unfunded liabilities on the City's future financial ratings; and impact of a recession on the unfunded liability. PUBLIC SPEAKER: Richard (Dick) Mills, La Quinta — current Chair of the FAC, stated that the City is in an outstanding financial position as it has an additional $5 million in the Pension Trust fund, which means the City is 100% funded on its pension liability. CITY COUNCIL MINUTES Page 4 of 7 FEBRUARY 21, 2023 MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to: • Receive and file fiscal year 2022/23 Mid -Year Budget Report; • Approve the recommended budget adjustments of $840,000; • Designate $9 million in reserve funding allocations to fully fund the City's updated reserves categories as follows: ✓ Natural Disaster $15 million ($5 million increase from $10 million) ✓ Economic Downturn $13 million ($2 million increase from $11 million) ✓ Cash Flow $ 5 million (no increase) ✓ Capital Replacement $12 million ($2 million increase from $10 million) • Approve allocation of $5.2 million from General Fund Unassigned Fund Balance and $5 million from the Pension Trust fund to make an additional discretionary payment in fiscal year 2022/23 to pay down the City's unfunded pension obligations. Motion passed unanimously. STUDY SESSION 1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW FOR 2022 AND A COMPARISON TO 2021 City Clerk Radeva and Permit Technician Lorett presented the staff report, which is on file in the Clerk's Office. PUBLIC SPEAKER: Kay Wolff, La Quinta — requested that Council reaffirm the ordinances banning new STVR permits; improve and tighten enforcement with funds generated by STVRs; proposed that statistic showing no resident complaints to the STVR hotline may be due to residents giving up on satisfactory responses; proposed steps to restore public confidence in using the hotline service; offered steps to remove illegal operators and improve the program; and steps to educate residents. PUBLIC SPEAKER: Jelena Tamm, La Quinta — provided information on STVRs in the Santa Rosa Cove residential community; and requested that new STVR permits be permitted in this HOA. PUBLIC SPEAKER: Jelena Tamm, La Quinta resident and Board Member/representative of Vacation Rental Owners and Neighbors (VRON-LQ) (used speaker time donated by Quinn Tamm, La Quinta) — stated that the work of Code Enforcement, VRON-LQ, and STVR owners over the past years has resulted in a successful program; and offered assistance of VRON-LQ members should the City wish to discuss lifting the ban on new STVR permits. Council discussed the number of entitled properties in the exempt areas; Santa Rosa Cove community's vote to abide by City's ban on new permits, and not be exempt from that ban, when Council discussed a possible code amendment to establish a process for CITY COUNCIL MINUTES Page 5 of 7 FEBRUARY 21, 2023 such amendments back in 2021; the successful results of the four -day test of the City's complaint hotline; entities that answer the hotline each day/time of its 24/7 coverage; misinformation regarding false complaints; noise complaints from owner -occupied properties; proactive surveillance of problem areas; need for continued vigilance on unpermitted rentals; Code Compliance collaboration with HOAs security; closing gaps that unpermitted renters find to circumvent the program; frequency and methods in place to verify the number of bedrooms in each rental and cross-checking advertisements; future discussion of adjusting the ban on new Homeshare permits; Council's desire to tackle unpermitted properties; need for data from group opposing all STVRs in order to evaluate problems they raise; encouraging resident to meet with staff with suggestions for program improvement; declining density of STVRs; inability to fairly deal with STVR- density per area blocks; and administrative appeals process is to provide the required due process to the responsible party. Council reached a consensus and directed staff to bring a Study Session regarding consideration of lifting the ban on new STVR Homeshare permits; discussing a requirement for a four -fifth vote to change the current ban on the issuance of new STVR permits in permit ban areas; administration of the program in HOAs by HOA's security; and suggestions presented by public speaker Kay Wolff. WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, requesting that the issuance of new STVR permits be reinstated for the Santa Rosa Cove residential development; the comments were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Lorna and Zimmerman Beccaira, La Quinta • Paul and Barbara Chrisman, La Quinta • Ken Kristensen, La Quinta • Bruce Romans, La Quinta • Christian Schofield, La Quinta • Peter and Susan Starrett, La Quinta • Hilary Streeter, La Quinta • Marcuse Strijdveen, La Quinta • Nicole Strijdveen, La Quinta PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — None MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Pena reported on his attendance at the Date Festival Parade in Indio. Mayor Evans reported on the annual Community Workshop, held on February 15, 2023; meeting India's Ambassador to the U.S.; Palm Springs Air Museum Gala; ribbon cuttings CITY COUNCIL MINUTES Page 6 of 7 FEBRUARY 21, 2023 for new La Quinta businesses; leadership talk to ASB students; Find Food Bank Giving Breakfast; and La Quinta Rotary Club. Councilmember McGarrey reported on her meeting with the Girl Scouts. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meetings: • CVAG COACHELLA VALLEY CONSERVATION COMMISSION • IMPERIAL IRRIGATION DISTRICT — COACHELLA VALLEY ENERGY COMMISSION La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta's representative for 2023, Councilmember Pena reported on his participation in the following organizations' meetings: • MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES • CVAG HOMELESSNESS COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers McGarrey/Sanchez to adjourn at 6:50 p.m. Motion passed unanimously. Respectfully submitted, V �J MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 7 of 7 FEBRUARY 21, 2023