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2023 05 16 CC MinutesCITY COUNCIL MINUTES TUESDAY, MAY 16, 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 Councilmembers Fitzpatrick, McGarry, and Mayor Evans said they would comment on Consent Calendar Item Nos. 2, 7, and 8. Councilmember Pena said he will abstain from the discussion and vote on Consent Calendar Item No. 6 due to a potential conflict of interest stemming from the proximity of real property to this project, and requested that it 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 ROAD; ASSESSOR PARCEL NUMBER 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 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON AVENIDA LA FONDA AND MAIN STREET; ASSESSOR PARCEL NUMBERS 770-123-011, 770-124-010, AND 770-124-012 CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: GATHER CAPITAL UNDER NEGOTIATION: PRICE AND TERMS OF SALE CITY COUNCIL MINUTES Page 1 of 10 MAY 16, 2023 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES ANALYST; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES' ASSOCIATION, AND UNREPRESENTED EMPLOYEES COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:04 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:08 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 McGarrey led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker realtor, and La Quinta resident — provided an update on Chamber events including newly appointed members of the executive committee for this year; and introduced new CEO Brandon Marley. PUBLIC SPEAKER: Brandon Marley, CEO, Greater Palm Springs Chamber of Commerce — expressed his pleasure in being appointed CEO and spoke of upcoming events. PUBLIC SPEAKER: Richard Gray, La Quinta — suggested that Council expedite permits for large projects; plan now for solar power and vehicle charging stations at future housing projects; include drainage into the Whitewater Channel for properties adjacent to it; connect retention basins to drain into the Whitewater Channel; the proposed Troutdale Village housing project should include elevators if the three-story plan is approved, and it should include a significant number of three -bedroom units to accommodate families; consider implementing voting districts; and given the work slowdown at Talus, and its funding issues, suggested that Council have a plan B ready to implement. Councilmember Fitzpatrick explained that the La Quinta Building Code includes all the requirements for solar power and charging stations; and Councilmember Pena explained that Coachella Valley Water District (CVWD) controls what gets discharged into the Whitewater Channel, Imperial Irrigation District (IID) holds responsibility for providing power to projects, and the residences of current Councilmembers are in every area of the City, but all five Councilmembers represent all residents. CITY COUNCIL MINUTES Page 2 of 10 MAY 16, 2023 Announced out of Agenda order after Consent Calendar »> City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, on Matters Not on the Agenda, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Kelly Baucom — Special Event Permits regulations and requirements; and the Dupont Estate. • Claudia Snyder — Special Event Permits regulations and requirements. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION IN RECOGNITION OF NATIONAL PUBLIC WORKS WEEK Mayor Evans, on behalf of the Council, presented a Proclamation to Public Works Director/City Engineer Bryan McKinney and department staff. Mr. McKinney expressed his gratitude for the recognition of the importance of municipal public works in the lives of all residents. 2. CV LINK REGIONAL TRAIL PROJECT UPDATE BY COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) EXECUTIVE DIRECTOR TOM KIRK CVAG Executive Director Tom Kirk provided an update on the CV Link Regional Trail Project, a 50-mile multi -modal transportation project under construction for bicyclists, pedestrians, and low speed electric vehicles, that will run continuously throughout the Coachella Valley cities, from Desert Hot Springs to Coachella. Mr. Kirk also provided an update on the CVAG Arts and Music Line project, a 10-mile community connector to key destinations, such as schools, affordable housing, retail and employment centers, which will provide three connections to the CV Link, and will run along Avenue 48 through the Cities of La Quinta, Indio, and Coachella. CONSENT CALENDAR 1. EXCUSE ABSENCE OF COMMISSIONER DORSEY FROM THE MAY 10, 2023, QUARTERLY FINANCIAL ADVISORY COMMISSION MEETING 2. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH FIND FOOD BANK TO PROVIDE NON-PERISHABLE FOOD KITS TO HOMEBOUND SENIORS AND LA QUINTA RESIDENTS THROUGH FISCAL YEAR 2023/24 3. APPROVE GOVERNMENT PRODUCT LEASE AGREEMENT WITH QUADIENT LEASING USA, INC FOR FIVE-YEAR LEASE OF POSTAGE AND PAPER FOLDING MACHINES CITY COUNCIL MINUTES Page 3 of 10 MAY 16, 2023 4. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC, FOR ADDITIONAL SPENDING AUTHORITY UP TO $100,000 FOR EXTRA WORK AND PURCHASE OF PLANT MATERIALS IN FISCAL YEAR 2022/23 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER 5. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND CALIFORNIA TRAVEL ASSOCIATION SUMMIT 2023 IN MONTEREY CALIFORNIA, SEPTEMBER 18-22, 2023 6. Pulled for a separate vote by Councilmember Pena »> ADOPT RESOLUTION AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR LAND AND WATER CONSERVATION FUND THROUGH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND AVENIDA BERMUDAS [RESOLUTION NO. 2023-011] 7. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE AVENUE 50 AND AVENUE 52 PAVEMENT REHABILITATION PROJECT NOS. 2022-01 AND 2022-14 8. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE FRED WARING DRIVE PAVEMENT REHABILITATION PROJECT NO. 2022-03 9. APPROVE DEMAND REGISTERS DATED APRIL 28 AND MAY 5, 2023 10. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2022/23 TREASURY REPORTS FOR JANUARY, FEBRUARY, MARCH 2023 11. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2023 CONSENT CALENDAR ITEM NO. 6 — Comments Councilmember Pena recused himself from discussion and vote on Consent Calendar Item No. 6 due to a potential conflict of interest stemming from the proximity of his real property interest to the project location. CONSENT CALENDAR ITEM NOS. 2, 7, AND 8 — Comments Councilmember McGarrey said: • She serves on the Board of Directors for FIND Food Bank, which is being considered under Consent Calendar Item No. 2, and as this is a volunteer position CITY COUNCIL MINUTES Page 4 of 10 MAY 16, 2023 and she does not receive compensation, there is no potential conflict of interest; and • Her residence is within 1,000 feet of the project location under Consent Calendar Item No. 8, which does not constitute a material financial interest under Fair Political Practices Commission (FPPC) regulations as the proposed work solely concerns repairs and maintenance of existing streets. Mayor Evans said: • She is a past member of the Board of Directors for FIND Food Bank, which is being considered under Consent Calendar Item No. 2, and as this was a volunteer position and she did not receive compensation, there is no potential conflict of interest; and • Noted the City has supported FIND Food Bank for many years, particularly during the COVID-19 pandemic when funding was allocated and City staff assisted with food packaging and distributions. Councilmember Fitzpatrick said: • Her residence is within 2,500 feet from the proposed project under Consent Calendar Item No. 7, which does not constitute a material financial interest under FPPC regulations as explained by the City Attorney (noted below); and • Regarding Consent Calendar Item Nos. 7 and 8, there are 129 miles of streets in La Quinta; the City is only required to spend $1 million per year on repairs; every year, the City goes far beyond the minimum expenditure of $1 million; and the City tries to keep its road standards up. City Attorney Ihrke explained that under FPPC regulation 18705.2(c), there is not a financial interest requiring recusal if a decision is dealing solely with the repair, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities; and a street re -pavement would fall within this exemption. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item Nos. 1-5 and 7-11 as recommended. Motion passed unanimously. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item No. 6 as recommended and adopting Resolution No. 2023-11. Motion passed: ayes — 4, noes — 0, abstain — 1 (Pena), absent — 0. City Clerk Radeva announced Written Public Comments received on Matters Not on the Agenda as noted on page 3 of these minutes, out of Agenda order. BUSINESS SESSION 1. APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF JULY 4, AUGUST 15, AND SEPTEMBER 5, 2023 CITY COUNCIL MINUTES Page 5 of 10 MAY 16, 2023 Council waived presentation of the staff report, which is on file in the Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve cancelling the regular City Council meetings of July 4, August 15, and September 5, 2023. Motion passed unanimously. STUDY SESSION 1. DISCUSS FISCAL YEAR 2023/24 PRELIMINARY PROPOSED BUDGET Finance Director Martinez and Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk's Office. Council discussed the proposed asset management program; the increase in funding for park maintenance; reduction in the percentage of the budget allocated for police and fire with no reduction in service; amount allocated to cyber security, and cyber insurance coverage; and the overall increase in insurance premiums. PUBLIC SPEAKER: Richard (Dick) Mills, La Quinta (received donated time from Yolanda Mills), and Chair of the Financial Advisory Commission (FAC) — spoke on behalf of the FAC and expressed the FAC's opposition to the proposed $3.6 million funding allocation from La Quinta for the CVAG Arts and Music Line project on Avenue 48 and the Washington Street connector project. Council responded to Mr. Mills by suggesting that the CVAG Arts and Music Line project team provide the FAC with a detailed presentation on the project, since many members have little or no information on the project; and briefly explained the benefits of the project. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:49 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:59 P.M. WITH ALL MEMBERS PRESENT 2. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW FOR JANUARY-MARCH 2023 AND POTENTIAL AMENDMENTS TO CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE City Clerk Radeva presented the staff report, which is on file in the Clerk's Office. Council discussed the number and location of lots eligible for the proposed large -lot exemption if it were to be approved. PUBLIC SPEAKER: Dick Storbo, La Quinta — opposed STVRs, and any exemptions to the ban on new permits; and said property owners can use existing processes by applying for a zone change, a Conditional Use Permit (CUP), or a Bed and Breakfast permit. CITY COUNCIL MINUTES Page 6 of 10 MAY 16, 2023 PUBLIC SPEAKER: Kay Wolff, La Quinta — STVR is trending well for all involved, it is a work in progress; urged Council to adopt a super -majority 4/5 vote to lift the ban on new permits; STVR complainers need to be informed if they should document disturbances with audio or visual recordings; suggested that HOA complaints and citations be transmitted to and recorded by the City in its metrics; neighbors of unpermitted STVRs are being harassed for reporting, so a resolution is needed; homeshares may be a back- door to illegal operation, and a challenge for Code Compliance for enforcement; opposes large -lot exemptions for properties in residential zones, but instead, they should be subject to CUPs; notices for Special Event Permits should be sent via registered mail, so proof of receipt exists; limit STVR guest parking on residential streets; and keep up the enforcement, public education, and reaffirm the ban on new permits. PUBLIC SPEAKER: Don Shoffstall, La Quinta — clarified the 10 large lots located in the PGA West communities questioned by Councilmember Sanchez; regarding homeshares, the ordinance must be written carefully to prevent abuse by crafty owners; adoption of a 4/5 vote to lift the ban on new permits is strongly supported by the Neighbors for Neighborhoods organization; and regarding the large -lot exemptions, believes the 500' notification radius is insufficient, and needs to be investigated for sound travel. PUBLIC SPEAKER: Lynne Daniels, La Quinta, owner of the Dupont Estate — periodic review of the STVR program is helpful; and supports allowing permits for homeshares. PUBLIC SPEAKER: Edward Armendarez, La Quinta — other cities that have regulated or banned STVRs have concluded that such a program cannot be adequately regulated; opposed to homeshare permits because they will be difficult to patrol; residents are being harassed if they are suspected of reporting unpermitted properties; and need clarification on language City uses, specifically, use of "permanent ban" is inaccurate. PUBLIC SPEAKERS: Mario Prius and Cecelia Havey, La Quinta — purchased a vacation home in 2018 and operated a STVR, but were unable to renew their license in 2020 due to a glitch in the City's system; never received any citations; in desperate financial need now without their STVR permit, even though renting long-term for 30 days or more; and asked Council to provide relief to those who experienced the City's system error in 2019/20 by allowing permit renewal. Council discussed threats or vandalism against neighbors should be reported to the police; and requested staff to investigate the system glitch mentioned to see if there are any residents that may have been affected by it. City Attorney Ihrke commented that Staff may investigate whether there was a technological issue in the past with the City's contractor for electronic permitting, but any investigation cannot affect, as a matter of law, decisions made for prior administrative appeals, or affect the applicable time periods for brining an administrative appeal or pursuing judicial relief from a decision on administrative appeal. City Attorney Ihrke also commented that, as a matter of law, belief by a STVR permit -holder that the ban on new CITY COUNCIL MINUTES Page 7 of 10 MAY 16, 2023 STVR permits was temporary would not be grounds for any failure to timely renew an existing STVR permit. PUBLIC SPEAKER: Anna Duitruk, spoke on behalf of Vacation Rentals Owners of La Quinta (VRON-LQ) — supports allowance of STVRs; asked Council to allow a gradual increase in STVR permits and maintaining a balance; opposed the requirement of a 4/5 vote of Council on the ban on the issuance of new STVR permits in non-exempt areas; and believes the program helps many residents. Council discussed the pros and cons of STVRs; excellent Code Enforcement; the proposed 4/5 vote would apply only to Section 3.25.055; reasons to support/oppose the 4/5 vote; support for current STVR code; gradual permit attrition; favoring HOAs management of their own communities; importance of notification to the 500' radius, or greater, to neighbors of large -lots, and proof of notification; importance of continued resident feedback; pros and cons of homeshares; process for the HOA exemption; support/opposition to require HOAs with CC&Rs allowing STVRs, to hold votes to allow any new permits in their community; the success of the current ordinance over time; consideration of opening the program to a few more STVR permits and homeshares to test the program, maybe 10 new permits a month; the initial intent in 2020 was a temporary moratorium; eliminating the proposed limit on the number of large -lot permits issued per year; the City's success in delivering everything requested by residents such as reduction in STVR permit density due to permit attrition, promoting development in exempt areas, increased code enforcement, significant reduction in complaints, accurate data collection, etc.; importance of the solid revenue from STVRs for enforcement, roads, facilities, services, etc.; the success in shutting down unpermitted operators; and division on the issue of STVRs may always exist as long as the program exists, regardless of its success. Council directed staff to clarify the ordinance section on HOAs to ensure that if the results of an HOA vote allows its owners to apply for a STVR permit under the HOA exemption, that their CC&Rs are immediately amended to clearly state that in accordance with its CC&R voting rules, HOA members are permitted to apply for a new STVR permit with the City under the HOA exemption clause; and HOAs that allow STVRs in their CC&Rs must also hold a vote of its members to reaffirm the desire of its current members to allow STVRs in the community, since new HOA members may have relied on the City's ban to override the STVR allowance in their CC&Rs when purchasing. Announced out of Agenda order before Adjournment »> City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, regarding Study Session Item No. 2, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Anonymous — opposing STVRs. • John Hastie — opposing proposed Section 3.25.056 related to HOA Exemption. • Stephanie Nevel Yanchar — opposing proposed Section 3.25.056 related to HOA Exemption. CITY COUNCIL MINUTES Page 8 of 10 MAY 16, 2023 MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:41 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 10:03 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Sanchez and Councilmember Pena reported on their attendance at the Energy Summit; micro -grid discussion; and their tour of the Sheriff station. Councilmember Pena reported on his attendance at Career Day at Ben Franklin Elementary School; the Sean Webb sendoff; and the Bruce Lee memorial event. Councilmember Fitzpatrick reported on her tour of the Sheriff's Station; the SCAG conference; and the Palm Desert State -of -the -City event. Councilmember McGarry reported on her attendance at the SCAG conference; and the Cathedral City State -of -the -City event. Mayor Evans reported her attendance at the Bell dedication for Desert Sands; Women Leaders luncheon awarding scholarships; Impact through Golf charitable committee; provided an abbreviated State -of -the -City presentation to realtors; spoke at the County's Mental Health Day event; the SCAG conference; supported Greater Palm Springs Visitor's Bureau in a round of golf; played in Desert Sands Chili Dog Open; and attended the Concert in the Park event. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organization's meeting: • CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE 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 McGarrey reported on her participation in the following organizations' meeting: • COACHELLA VALLEY MOUNTAINS CONSERVANCY • IID ENERGY CONSUMERS' ADVISORY COMMITTEE CITY COUNCIL MINUTES Page 9 of 10 MAY 16, 2023 La Quinta's representative for 2023, Councilmember Pena reported on his participation in the following organizations' meeting: • CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES • CVAG PUBLIC SAFETY COMMITTEE City Clerk Radeva announced Written Public Comments received for Study Session Item No. 2 as noted on page 8 of these minutes, out of Agenda order. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Pena/Sanchez to adjourn at 10:24 p.m. Motion passed unanimously. Respectfully submitted, i MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 10 of 10 MAY 16, 2023