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2023 04 04 CC MinutesCITY COUNCIL MINUTES TUESDAY, APRIL 4, 2023 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, McGarrey, Pena, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA City Manager McMillen requested to pull Consent Calendar Item No. 3, related to an Agreement for Contract Services with Courtmaster Sports, Inc. to convert two tennis courts into eight pickleball courts at Fritz Burns Park, Project No. 2022-29, and move it for consideration under Business Session Item No. 2 on the agenda. Councilmember Pena said he will recuse himself from discussion and vote on Consent Calendar Item No. 3, moved for consideration as Business Session item No. 2 on the agenda as noted above, due to a potential conflict of interest stemming from the proximity of his real property to this project. Councilmember McGarrey said she will recuse herself and abstain from discussion and vote on Consent Calendar Item No. 5 due to a potential conflict of interest stemming from a business relationship, i.e., her employer, Southern California Gas Company, is listed on the Demand Register, and requested that the item be pulled for a separate vote. Council concurred. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON HIGHWAY 111 EAST OF DUNE PALMS (APN: 600-020-053) CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER PROPERTY OWNER: CITY OF LA QUINTA NEGOTIATING PARTY: SUNRIDGE HOTEL GROUP UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED CITY COUNCIL MINUTES Page 1 of 10 APRIL 4, 2023 2. 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 3:03 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:02 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). PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Doug Motz, La Quinta, La Quinta Chamber of Commerce — commented on the 16th annual 2023 La Quinta Car Show which was held on Saturday, March 25, 2023, at the La Quinta Community Park; updated Council on membership, GEM ads, ribbon cuttings, and Chamber 101 mixers. PUBLIC SPEAKER: Richard Gray, La Quinta — spoke of installing solar panels on new apartment projects; need for status updates on CV Link regional trail project, spearheaded by the Coachella Valley Association of Governments; as well as updates on SilverRock and other projects; and City purchase of two large lots on Highway 111 for affordable housing should be more coordinated for low, medium, and above medium units, and should have some three -bedroom units for families. PUBLIC SPEAKER: Don Shoffstall, La Quinta (used speaker time donated by resident Gary Dolenga) — spoke about the short-term vacation rental (STVR) program; positive results due to the current ban in place on the issuance of new STVR permits; City's metrics and data reflecting false positives due to residents' non -participation; results of resident survey completed by the N4N group in December 2020 indicated only 10% of residents contacted City with comments on the STVR program; stated that supporters of the failed Measure A initiative will continue to collaborate with the City in making the STVR program stronger; and asked Council to consider "certifying" the STVR program with the current ban on the issuance of new STVR permits. PUBLIC SPEAKER: Matthew Snyder, La Quinta — (donated one minute of his time to resident Claudia Snyder) — spoke about possible violations at the Dupont Estate; development delays of the Talus project; called for the resignation of the Mayor and City Manager; and announced his intent to install flags on his property. CITY COUNCIL MINUTES Page 2 of 10 APRIL 4, 2023 PUBLIC SPEAKER: Claudia Snyder, La Quinta — (used an additional one minute donated from resident Matthew Snyder) — said there was corruption by public officials; spoke about possible violations at the Dupont Estate; development delays of the Talus project and need for dust abatement; and called for the resignation of the Mayor and City Manager. Mayor Evans called public speaker Lynne Daniels to the podium. While Ms. Daniels was being called in from elsewhere in City Hall, Mayor Evans asked the City Attorney to explain the reason Ms. Daniels was not present in the Council Chamber. City Attorney Ihrke provided the following statement regarding Riverside County Superior Court order, case number CVPS2204261, imposing a civil harassment restraining order by Lynne Daniels against Claudia Snyder: The Brown Act (Gov. Code Section 54954.3) requires that an opportunity for public comments from members of the public be provided at every public meeting, during which members of the public may address the legislative body on any item within the subject matter jurisdiction of the legislative body, provided that no action can be taken on any item not appearing on the agenda. Also pursuant to that same state law, the Council may adopt, and has adopted, reasonable regulations to ensure that public comment may be available to all members of the public wanting to address the Council. There have been in the past situations when accommodations needed to be made so that members of the public who may not be able to find a seat or otherwise may not be able to be present in Council Chamber were allowed to watch the Council meeting in other areas of City Hall, such as the Study Session room and/or City Hall Lobby, and when a person was called to address the Council, would then be able to approach Council in the Council Chamber at the podium. The City Manager, City Attorney, and City Staff were made aware of a court order that requires a specified distance must be maintained between two individuals, such that having both persons present in Council Chamber at the same time would contradict the court order. At the same time, each individual has a legal right to address the Council for public comment. In order to make reasonable accommodations in light of the court order, City Staff has set up the Study Session room for viewing the Council meeting in real time, and has put in place a procedure to have the individuals accompanied by deputies and staff so that there is the ability for each person to address the Council in the Chamber. While waiting for Ms. Daniels to appear, Mayor Evans called the next public speaker. PUBLIC SPEAKER: Melissa Labayog, La Quinta — spoke about violations at the Dupont Estate; in support of allowing STVRs in her neighborhood so she and others can sell their homes; said she has received no notices of any events at the Dupont Estate since 2016; and said the event center, Dupont Estate, should lose its permit for not following City rules. CITY COUNCIL MINUTES Page 3 of 10 APRIL 4, 2023 PUBLIC SPEAKER: Lynne Daniels, owner of Dupont Estate, La Quinta — stated she has an active and compliant event permit allowing up to three (3) events per year; last event was in November 2022, a reception, not a fundraiser, funded by Mayor Evans; complaints and allegations made by a few neighbors were false and disrespectful; and due to being assaulted by neighbor Claudia Snyder, she has a restraining order against her. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, regarding Special Events Permits and related notifications regarding the DuPont Estate, a permitted short-term vacation rental property in La Quinta, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • B. Brown, La Quinta • Claudia Snyder, La Quinta • Matthew Snyder, La Quinta ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS — None CONSENT CALENDAR 1. ADOPT RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2023- 0002 GRANTING FIRST EXTENSION OF TIME FOR THE JEFFERSON STREET APARTMENTS PROJECT APPROVED UNDER SITE DEVELOPMENT PERMIT 2020-0001; CEQA: A MITIGATED NEGATIVE DECLARATION WAS ADOPTED UNDER ENVIRONMENTAL ASSESSMENT 2020-0001; LOCATION: SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE [RESOLUTION NO. 2023-007] 2. APPROVE PURCHASE OF NINETY-SEVEN LIGHT -EMITTING DIODE LAMP POSTS FROM DESERT ELECTRIC SUPPLY, INC TO BE REPLACED WITHIN CITY PARKS AND LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 3. Pulled from Consent Calendar by Staff and moved for consideration under Business Session No. 2 »> APPROVE AGREEMENT FOR CONTRACT SERVICES WITH COURTMASTER SPORTS, INC TO CONVERT TWO TENNIS COURTS INTO EIGHT PICKLEBALL COURTS AT FRITZ BURNS PARK, PROJECT NO. 2022-29 4. APPROVE DEMAND REGISTERS DATED MARCH 17 AND MARCH 24, 2023 5. Pulled fora separate vote by Councilmember McGarrey »> APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED FEBRUARY 10 AND MARCH 10, 2023 MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to approve Consent Calendar Item Nos. 1, 2, and 4 as recommended, with Item No. 1 adopting Resolution No. 2023-007. Motion passed unanimously. CITY COUNCIL MINUTES Page 4 of 10 APRIL 4, 2023 CONSENT CALENDAR ITEM NO. 5 COUNCILMEMBER McGARREY RECUSED HERSELF FROM DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 5 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP WITH HER EMPLOYER SOUTHERN CALIFORNIA GAS COMPANY MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to approve Consent Calendar Item No. 5 as recommended. Motion passed: ayes — 4, noes — 0, abstain — 1 (McGarrey), absent — 0. BUSINESS SESSION 1. RECEIVE AND FILE CITYWIDE HISTORIC RESOURCES INVENTORY UPDATE Senior Planner Flores presented the staff report, which is on file in the Clerk's Office. PRESENTER: Wendy Tinsley Becker, Founding Principal with Urbana Preservation and Planning — provided a detailed presentation on the preparation process, stakeholder involvement, and findings of the historic resources inventory (HRI). Council discussed restrictions on buying, selling, or remodeling homes on the HRI; the Historical Society's role in documenting properties on the HRI before an owner changes any significant feature; incentives for owners whose property is on the National register; correction to name on page 203 from "John" to "Joe;" noted that the north -south streets in the Cove are named for Mexican generals and presidents, and the east -west streets are named for Mexican states; and importance of honoring the history of the Gem of the Desert. MOTION — A motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to receive and file the citywide Historic Resources Inventory update as recommended. Motion passed unanimously. 2. Pulled from Consent Calendar Item No. 3 by Staff and moved for consideration as Business Session No. 2 »> APPROVE AGREEMENT FOR CONTRACT SERVICES WITH COURTMASTER SPORTS, INC TO CONVERT TWO TENNIS COURTS INTO EIGHT PICKLEBALL COURTS AT FRITZ BURNS PARK, PROJECT NO. 2022-29 COUNCILMEMBER PENA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 2, MOVED FROM CONSENT CALENDAR ITEM NO. 3, DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY INTEREST TO THE PROJECT LOCATION; AND LEFT THE DIAS AT 5:08 P.M. CITY COUNCIL MINUTES Page 5 of 10 APRIL 4, 2023 Management Analyst Hansen presented the staff report, which is on file in the Clerk's Office. Council discussed the need for additional parking or a carpooling/bike riding campaign; grant for Fritz Burns Park master plan; adding pickleball courts in north La Quinta area; use of the City's paisley -shaped lot for temporary parking, teaching users to use the crosswalk at the roundabout; and no current solution to the parking, but will be addressed in the master plan. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Agreement for Contract Services with Courtmaster Sports, Inc. to convert two (2) tennis courts into eight (8) pickleball courts at Fritz Burns Park, Project No. 2022-29; and authorize the City Manager to execute the agreement and find a solution to parking. Motion passed — ayes 4, noes - 0, abstain — 0, absent — 1 (Pena). COUNCILMEMBER PENA RETURNED TO THE DIAS AT 5:22 P.M. FOR THE REMAINDER OF THE MEETING STUDY SESSION 2. Taken out of Agenda order »> DISCUSS FISCAL IMPACTS ANALYSIS OF ANNEXATION OF LA QUINTA SPHERE OF INFLUENCE AND POTENTIAL ADDITION TO THE SPHERE Design and Development Director Castro introduced Consulting Planner Criste, CEO of Terra Nova Planning and Research, Inc., who presented the staff report, which is on file in the Clerk's Office. Council discussed the transient occupancy tax (TOT) percentage for any annexed property would be the same as that set by the La Quinta Municipal Code; number of potential full-time residents being 44,500 persons, which doesn't include short-term vacation renters; annual loss to the City if no property taxes are remitted to City; County bonds, secured in part by the Sphere of Influence (SOI), expire starting in 2037 the earliest; tribal lands in the SOI; areas within the City that currently do not generate property tax revenue to the City; tax pass-throughs, such as the percentage of property tax the County passes to the City, is negotiated between City and County staff; the City's SOI is not within any other city's SOI, and is included in the City's General Plan; provision of utilities is not included in cost projections; analysis of current infrastructure status, and cost estimates of capital improvements to bring it up to City standards; currently, private wells and CVWD provide water, and electric power is very limited; annexing the SOI may improve City's ability to get grants; and effect of annexing SOI on City's Regional Housing Needs Assessment (RHNA) numbers. PUBLIC SPEAKER: Gayle Cady, Vista Santa Rosa (VSR), Riverside County — spoke about the City of Coachella's attempt to annex the VSR community; VSR community members need to be notified of discussions and plans; infrastructure levels in VSR are similar to what originally existed in PGA, Trilogy, Andalusia, Coral Mountain, etc.; CITY COUNCIL MINUTES Page 6 of 10 APRIL 4, 2023 improvements needed are paved roads, transition of septic to sewer system, poles carrying electricity, telephone and cable; community needs to be informed of any property tax increases; and she prefers to be annexed by the City of La Quinta as opposed to in County or in the cities of Coachella or Indio. PUBLIC SPEAKER: Joe Hammer, property owner in La Quinta, and in the SOI, Riverside County — said he has purchased tribal land which now generates property tax revenue; the revenue potential of the Jacqueline Cochran Regional (JCR) Airport; and described his properties, the zoning, existing infrastructure, their potential, and requests that his properties be included in Phase 1 of annexation. Council discussion continued with the application, outreach, and negotiation process and timeline for an annexation; the zoning in the SOI now and in future; possible funding for needed services could come from Measure A and G; effect of annexation on voting districts; effect of annexation on pre-existing STVR permits and cannabis cultivation permits in SOI; effect on existing developments in SOI that are not in compliance with La Quinta's building code; Kohl Ranch approvals and development activity; need pros and cons on annexing in phases versus all at once; annexation being an opportunity to increase the City's economic base so it's not so reliant on tourism; the expanded SOI has industrial land so important that the expanded area is included; the Airport Land Use Plan must be considered in the process as well as the tribes and their plans; the potential of the JCR Airport; grandfather clauses regarding buildings and uses; and registered voters in SOI must vote to approve/reject annexation if their numbers meet the threshold. PUBLIC SPEAKER: Mark Tadros, VSR, Riverside County — asked if residents in SOI vote to accept/decline annexation; options when SOI zoning under the County differs from City of La Quinta zoning; and expressed concern about water rights and water rates post - annexation. Council reached a consensus and directed staff to: • Restart public and tribe outreach to keep those in the SOI informed, and get a ranking of their issues, particularly capital improvement needs; • Gather data on SOI residents' support/opposition to La Quinta annexation and reasons; • Include the City's Financial Advisory Commission in reviewing the financial analysis of annexation; • Research the County's Notice of Intent regarding the formation of a district and an added tax; and, • Prepare a comparison of City zoning versus County zoning for all SOI properties. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:58 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 7:21 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES Page 7 of 10 APRIL 4, 2023 1. Taken out of Agenda order »> DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2023/24 THROUGH 2027/28 CAPITAL IMPROVEMENT PROGRAM Public Works Director/City Engineer McKinney and Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed Avenue 52 and Monroe Street intersection; the X-Park pedestrian signal; timing of Fred Waring Drive repaving; positive comments regarding the repaving of Jefferson Street; ability of roundabout on Jefferson to handle buses using the truck apron; reason for ongoing drainage problems at Eisenhower Street and Avenue 50; handicap lift to, and general use of second story viewing platform for events at the X-Park for $350,000; source of funding and justification for facade improvement programs; total funds and percentage allocation of Measure A funds; Highway 111 re -pavement project excluded until grant funding is decided; and use of CVWD turf -reduction rebate funds. Council reached a consensus and directed staff to: • Explore with the City of Indio and if needed with Riverside County, constructing a roundabout at Avenue 52 and Monroe Street instead of installing a traffic signal; and, • Seek more grant funds. PUBLIC HEARINGS 1. APPROVE AGREEMENT FOR CONTRACT SERVICE WITH FLOCK GROUP, INC. TO INSTALL AN AUTOMATIC LICENSE PLATE READER (ALPR) SYSTEM WITHIN THE BOUNDARIES OF THE CITY OF LA QUINTA AND AUTHORIZE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT AS THE ADMINISTRATOR AND AUTHORIZED USER OF THE SYSTEM Public Safety Manager Mendez and Riverside County Sheriff's Department Lieutenant Martinez, serving as La Quinta's Chief of Police, presented the staff report, which is on file in the Clerk's Office. Council discussed length of time the Flock Group holds the data; need to amend the City's Public Safety Camera System policy; liability and administration of the system; annual data review of system; decision -makers and oversight regarding the Sheriff's Department's use of system in each case; application of proposed Assembly Bill 1463 if passed; accountability in place for use of system; and log -in records required retention is two (2) years. City Attorney Ihrke provided the following clarification regarding the City's Public Safety Camera System (PSCS) as it relates to the implementation and compliance of the ALPR cameras and technology: CITY COUNCIL MINUTES Page 8 of 10 APRIL 4, 2023 This item is proposed in a manner that complies with and follows the requirements of Senate Bill 34 (Stats. 2015, Ch. 532), La Quinta Municipal Code section 11.100.020, and the City's Public Safety Camera System Policies and Procedures relating to the addition and integration of new technology, such as the ALPR. As noted during the staff report presentation, a 4/5 majority vote of the Council is required. If the Council were to approve the proposed agreement for services, the Council may want to direct Staff and the City Attorney to draft an Appendix, which would be attached to the City's PSCS Policies and Procedures, memorializing the following: (1) The Council approved the integration of ALPR technology pursuant to the City's PSCS Policies and Procedures; (2) The implementation of the ALPR technology will be pursuant to an agreement with Flock Group Inc. and administered by the Riverside County Sheriff's Department, as the City's contracted provider of public safety services; (3) The ALPR system is independent of the City's PSCS and, as noted above, will be administered by the Riverside County Sheriff's Department, and therefore will be subject to the County's specific ALPR Policy (County Sheriff's Department Policy No. 412). MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 8:40 P.M. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:40 P.M. MOTION — A motion was made and seconded by Councilmembers Sanchez/McGarrey to approve Agreement for Contract Services with Flock Group, Inc., as drafted, to install an automatic license plate reader system; authorize Riverside County Sheriff's Department as the administrator and authorized user of the system; authorize the City Attorney to prepare an Appendix to the City's Public Safety Camera System Policies and Procedures as noted above; authorize the City Manager to approve minor revisions to the agreement that do not alter the intent of the agreement; and authorize the City Manager to execute the agreement as recommended. Motion passed unanimously. DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans reported on her attendance at the Senior Inspiration Awards; United Way 50th Anniversary; Fine Food Bank promotion; Mr. Grgich's 100th birthday celebration; and proposed that the City join other local groups in a challenge to make La Quinta the first city of the nation with 100% literacy (adults and children). Mayor Pro Tem Sanchez reported on his attendance at the OneFuture scholarship and mentors' recognition; and the water academy course. Councilmember McGarrey reported on her attendance at the IID facility tour. Councilmember Pena reported on his attendance to support the City bowling team. CITY COUNCIL MINUTES Page 9 of 10 APRIL 4, 2023 Councilmember Fitzpatrick reported on her attendance at the "Fly Over La Quinta: A Kite Experience" event, held on April 1, 2023, at SilverRock Park. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meetings: • GREATER PALM SPRINGS CONVENTION AND VISITORS' BUREAU • COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organizations' meetings: • CVAG TRANSPORTATION COMMITTEE • RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta's representative for 2023, Councilmember McGarrey reported on her participation in the following organization's meeting: • GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE La Quinta's representative for 2023, Councilmember Pena reported on his participation in the following organization's meeting: • SUNLINE TRANSIT AGENCY La Quinta's representative for 2023, Mayor Pro Tem Sanchez reported on his participation in the following organization's meeting: • RIVERSIDE LOCAL AGENCY FORMATION COMMISSION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adjourn at 9:04 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 10 of 10 APRIL 4, 2023