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2023 05 02 CC MinutesCALL TO ORDER CITY COUNCIL MINUTES TUESDAY, MAY 2, 2023 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 Attorney Ihrke indicated staff would present a modified resolution for Business Session Item No. 1 regarding the proposed partial application fees waiver for village hospitality homes by Coronel Homes. Council concurred. 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) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY LOCATED AT 78181 AVENIDA LA FONDA, EAST OF DESERT CLUB DRIVE; ASSESSOR PARCEL NUMBER 770-125-003 CITY NEGOTIATOR: JON McMILLEN, CITY MANAGER PROPERTY OWNER: CITY OF LA QUINTA NEGOTIATING PARTY: NINO ROSINI UNDER NEGOTIATION: PRICE AND TERM OF PAYMENT 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 4:05 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). CITY COUNCIL MINUTES Page 1 of 7 MAY 2, 2023 PLEDGE OF ALLEGIANCE Councilmember McGarrey led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA City Attorney Ihrke provided a summary of the City's Rules of Procedure for Council Meetings and Related Functions and Activities adopted via Resolution No. 2022-027, particularly Section 4, which addresses Rules, Decorum, and Order during public meetings, and reminded the public that slanderous remarks and boisterous behavior are not appropriate and will not be tolerated. PUBLIC SPEAKER: Richard Gray, La Quinta - asked Council to consider implementing voting districts; complemented the revamped City newsletter; suggested Council meeting minutes from last meeting be included in every agenda packet; suggested that the City website include a section for "Frequently Asked Questions;" expressed concern that new apartment developments will not have the electrical capacity for charging electric vehicles; suggested that new projects built near the Whitewater channel deposit run-off directly into the channel; and believes the proposed Troutdale Village apartment project, located at the northeast corner of Washington Street and Avenue 50, should be single- family residences. PUBLIC SPEAKER: Melissa Labayog, La Quinta - supports the initiative to make La Quinta the first city with 100% literacy; La Quinta has a model short-term vacation rental (STVR) program; and the community of Highland Palms is unique - suggests establishing an "event impact zone," permitting the entire community to have STVR permits or rezone it to a Tourist Commercial zone. PUBLIC SPEAKER: Alena Callimanis, La Quinta - spoke about the Sphere of Influence (SOI) study session held on April 4, 2023 - expressed concern that the additional new residents will require planning for additional health care facilities and personnel; and was concerned about supplying water to additional SOI residents. PUBLIC SPEAKER: Steven Weiner, Board Member of the La Quinta Chamber of Commerce - provided an update on Greater Coachella Valley Chamber of Commerce events, programs, and activities. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. FAMILY YMCA OF THE DESERT PRESENTATION BY CHIEF EXECUTIVE OFFICER PAULA SIMONDS AND EARLY CHILDHOOD DIRECTOR CHERYL HUGHES REGARDING PROGRAMS AND SERVICES Paula Simonds, CEO and Cheryl Hughes, Early Childhood Director with Family YMCA of the Desert (YMCA) - expressed gratitude to the City and Council for the continued support and for working with the YMCA to provide facilities for CITY COUNCIL MINUTES Page 2 of 7 MAY 2, 2023 childcare and school programs they offer to the community; and gave an overview of the programs and services the YMCA is offering. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF APRIL 4, 2023 2. APPROVE COUNCIL MEETING MINUTES OF APRIL 18, 2023 3. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC FOR ADDITIONAL $75,000 IN FISCAL YEAR 2022/23 FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 MAINTENANCE SERVICES AND FOR EXTRA WORK WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER 4. APPROVE AMENDMENT NO. 12 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05 5. APPROVE AMENDMENT NO.5 TO AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC FOR THE HIGHWAY 111 CORRIDOR PROJECT NO. 2019-05 6. APPROVE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF: 1) AVENUE 50 WIDENING IMPROVEMENTS PROJECT NO. 2022-05,2) JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT 2022-07, AND 3) JEFFERSON STREET SLURRY IMPROVEMENTS PROJECT 2021-17; AND APPROPRIATE FUNDING FOR JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS AND JEFFERSON STREET SLURRY IMPROVEMENTS 7. AWARD CONTRACT TO UNIVERSAL CONSTRUCTION ENGINEERING FOR THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2022-08 8. APPROVE DEMAND REGISTERS DATED APRIL 14 AND APRIL 21, 2023 MOTION — A motion was made and seconded by Councilmembers Pena/Sanchez to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1. ADOPT RESOLUTIONS GRANTING PARTIAL WAIVER OF ENTITLEMENT APPLICATION FEES AND WAIVER OF UNDERGROUNDING UTILITIES TO CORONEL HOMES FOR FOUR VILLAGE HOSPITALITY HOMES ON FOUR PROPERTIES IN THE VILLAGE COMMERCIAL ZONE LOCATED AT 51120 CITY COUNCIL MINUTES Page 3 of 7 MAY 2, 2023 AVENIDA NAVARRO, 51116 AVENIDA MENDOZA, 51080 AVENIDA MARTINEZ, AND 51100 AVENIDA MARTINEZ [RESOLUTION NOS. 2023-010 through 2023-014] Senior Planner Flores presented the staff report, which is on file in the Clerk's Office. Council discussed circumstances that spark City review of Conditional Use Permits (CUPs); the conditions imposed by the CUPs; wall/fence on property line; status of the Imperial Irrigation District (IID) "will -serve letter" to provide electricity; responsibility of the one owner to manage the entire property; possible alternatives to a permanent waiver of undergrounding utilities, such as an in -lieu fee; undergrounding utilities benefits property owners surrounding it, the cost should be spread equitably; there's a labor savings to the City when reviewing several similar projects at once; City fees reflect actual staff costs, no profit; the feasibility study underway regarding undergrounding all Village utilities; voting on the fee reduction request, and postponing a decision regarding undergrounding utilities until more information from the study is available, or compromise options are worked out; the decision whether to underground all Village utilities or not has yet to be made, more information is needed; and perhaps require preparation for future undergrounding, such as conduit installation. APPLICANT: Lucas Coronel, Coronel Homes — explained the issues the project has with IID and obtaining the necessary "will -serve letter;" planned privacy block walls for all four sites; plan to prepare for future undergrounding by installing conduits; plan to install solar so power usage will be reduced; and the projects will have both gas and electric service. Council continued to discuss that the CUP runs with the land and the use; and the consequences if a CUP is revoked. Council reached a consensus to table for a future meeting date consideration of the request by Coronel Homes for a waiver of the requirement to underground utilities for the four Village Hospitality Homes projects, allowing the City's consultant, NV5, Inc., to complete the feasibility study regarding undergrounding Village utilities, and for staff to identify and discuss appropriate mitigation alternatives with the Applicant. City Attorney Ihrke proposed the following revisions to the resolution included in the staff report regarding the request for partial waiver of entitlement application fees for Council's consideration: The 3rd recital of the proposed resolution on page 1 should read as listed below to include the additional language in italics: WHEREAS, the request for partial waiver of fees is based on the information and evidence presented in the Staff Report for this Resolution; specifically: (1) each of the four Village Hospitality Homes is located on four separate properties, and while the four properties are owned by the same applicant, they each required their own entitlements applications, consisting of an SDP and a CUP, and (2) the estimate that processing the application is equivalent to 1.5 times the application fee for one project CITY COUNCIL MINUTES Page 4 of 7 MAY 2, 2023 since all the applications were processed simultaneously by the same applicant, and all four projects are similar in design, use, and are in proximate location to each other in the Village Commercial (VC) zone; and • The 5th recital of the proposed resolution on page 2 should read as listed below to include the additional language in italics: WHEREAS, if, based upon the granting of a partial waiver of the entitlement fees by this Resolution, the payment of, prevailing wages under California Labor Code section 1720 et seq. shall apply applies to any of the projects or project sites, the applicant ander owner of any or all of the project sites shall be responsible for complying with State law requirements for prevailing wage to the extent those requirements apply. • Add Section 3 under the binding section of the proposed resolution which shall read as listed below in italics: SECTION 3. That the Council does hereby authorize the City Manager or authorized designee to execute any necessary or appropriate documents to implement this Resolution. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to: 1) Adopt Resolution No. 2023-010 granting Coronel Homes a partial waiver of entitlement application fees for four Village Hospitality Homes located at 51120 Avenida Navarro, 51116 Avenida Mendoza, 51080 Avenida Martinez, and 51100 Avenida Martinez as amended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CORONEL HOMES A PARTIAL WAIVER OF ENTITLEMENT FEES FOR FOUR VILLAGE HOSPITALITY HOMES LOCATED AT 51120 AVENIDA NAVARRO, 51116 AVENIDA MENDOZA, 51080 AVENIDA MARTINEZ, AND 51100 AVENIDA MARTINEZ 2) Table for a future meeting date, consideration of the request by Coronel Homes for a waiver of the requirement to underground utilities for the four Village Hospitality Homes projects. Motion passed unanimously. 2. APPROVE CONTRACT SERVICES AGREEMENT WITH ACTION PARK ALLIANCE (APA) INC. FOR X -PARK MANAGEMENT AND MAINTENANCE SERVICES Community Resources Manager Calderon and Management Analyst Calderon presented the staff report, which is on file in the Clerk's Office. CITY COUNCIL MINUTES Page 5 of 7 MAY 2, 2023 Council discussed offering residents a three-year pass; offering youth versus adult passes; requested stats on members versus day passes and residents versus non- residents; forming a non-profit to be eligible for grants; structuring a scholarship program; available options to maintain or increase the current hours of operation, days/times users being turned away; special/private events don't preclude other users; establishing a comprehensive City policy on sponsorship for all facilities; retail sales figures; and request to collect daily data. OPERATOR: Victor Delgado, X -Park Operations Manager, and Mark Laue, Executive Director of APA — provided statics on users and park hours; creating a scholarship program tied to school grades; seven-day operation would be cooler months; and five- day operation would be summer months (approximately April to September). Council directed staff to establish a policy for sponsorship at City -owned facilities and set it for discussion as a study session on a future agenda. PUBLIC SPEAKER: Alena Callimanis, La Quinta — recommended extending the seven- day operations for the X -park to seven months of the year. MOTION — A motion was made and seconded by Councilmembers Pena/McGarry to approve an Agreement for Contract Services with Action Park Alliance Inc. for X -Park management and maintenance services, pursuant to Option 2 as presented with no increases in fees for the first year of the term, implementing six months of five-day operations and six months of seven-day operations for a total amount of $1,273,817 over a three-year term; and authorize the City Manager to execute the agreement substantially in the form attached, allowing for minor and non -substantive changes. Motion passed unanimously. STUDY SESSION — None PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmembers reported on the City's birthday party event; and ribbon -cuttings attended. Councilmember Sanchez reported on the Business Summit Economic Forecast; and Indian Wells State of the City. Councilmembers Pena, McGarry and Fitzpatrick volunteered to represent the Council at YMCA meetings on a rotating basis. CITY COUNCIL MINUTES Page 6 of 7 MAY 2, 2023 REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meeting: • CVAG EXECUTIVE COMMITTEE • IMPERIAL IRRIGATION DISTRICT— CV ENERGY COMMISSION La Quinta's representative for 2023, Councilmember Pena reported on his participation in the following organizations' meeting: • CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE • SUNLINE TRANSIT AGENCY ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Pena/McGarrey to adjourn at 6:09 p.m. Motion passed unanimously. Respectfully submitted, i r� MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 7 of 7 MAY 2, 2023