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2023 08 01 CC Minutes4oFT- CALL TO ORDER CITY COUNCIL MINUTES TUESDAY, AUGUST 1, 2023 A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, and Mayor Evans ABSENT: Mayor Pro Tem Sanchez MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to excuse Mayor Pro Tem Sanchez's absence. Motion passed — ayes 4, noes - 0, abstain — 0, absent — 1 (Sanchez). PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed CLOSED SESSION 1. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY ATTORNEY 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 4:07 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans reported that Council completed the City Attorney's annual performance evaluation pursuant to Government Code section 54957.1 (Brown Act) and reaffirmed his appointment. PLEDGE OF ALLEGIANCE Councilmember McGarrey led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Richard Gray, La Quinta (received donated time from resident David Heckman) — said he met with Robert Sylk, City Manager McMillen and Councilmember Pena, and a second meeting with Robert Green and Robert Sylk, to discuss the CITY COUNCIL MINUTES Page 1 of 14 AUGUST 1, 2023 Talus/SilverRock project status and was disappointed because no specific details could be discussed due to the potential of anticipated litigation, and the information received from Mr. Green was old information. Mr. Gray also commented on the features missing in the proposed La Quinta Village Apartments project, tabled for consideration as Public Hearing Item No. 2 on tonight's agenda, such as elevators from the three-story buildings, large apartments, and traffic flow. 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 and activities, including the Chamber's annual retreat; thanked the City Council for their commitment, collaboration, and support; noted business ribbon -cutting events recently held, and those upcoming; and spoke of the positive results of Chamber Staff's recent "business walk". PUBLIC SPEAKER: Lynn Daniels, La Quinta — noted for the record that there will be a criminal arraignment of her neighbor Claudia Snyder next week due to Ms. Snyder's assault on Ms. Daniels. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS — None CONSENT CALENDAR 1. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT 2016-031, LOCATED ON THE EAST SIDE OF JEFFERSON STREET, SOUTH OF AVENUE 50 2. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE COVE TRAILS PARKING LOT IMPROVEMENTS PROJECT NO. 2022-30 3. APPROVE DEMAND REGISTERS DATED JULY 7, JULY 14, AND JULY 21, 2023 4. APPROVE AMENDMENT NO. 3 TO SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHNOLOGIES INC. FOR FINANCE AND HUMAN RESOURCES SOFTWARE SERVICES 5. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH INTERWEST CONSULTING GROUP, INC, FOR ON-CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES, TO INCREASE THE COMPENSATION FOR FISCAL YEAR 2022/23 CITY COUNCIL MINUTES Page 2 of 14 AUGUST 1, 2023 6. ADOPT RESOLUTION TO AUTHORIZE CITY PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAM FOR FEDERAL FISCAL YEARS 2024-2025, 2025-2026, AND 2026-2027 [RESOLUTION NO. 2023-030] 7. AUTHORIZE OVERNIGHT TRAVEL FOR UP TO SIX EMPLOYEES FROM THE FINANCE AND HUMAN RESOURCES DEPARTMENTS TO ATTEND THE CALPERS EDUCATIONAL FORUM IN LOS ANGELES, CALIFORNIA, OCTOBER 1-4, 2023 COMMENTS — CONSENT CALENDAR ITEMS: Item No. 1 — Mayor Evans said several years ago, the City committed to investing millions of Measure G funds (1 % sales tax) to transform street landscaping throughout the City to native desert plants, and this item is the last segment of that project. Item No. 4 — Mayor Evans commended City Staff for their work since 2013 in investing in, and updating City software, making the City a role model to other cities for providing online services to its residents, and integrating City departments. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to approve the Consent Calendar as recommended, with Item No. 6 adopting Resolution No. 2023-030. Motion passed — ayes 4, noes - 0, abstain — 0, absent — 1 (Sanchez). BUSINESS SESSION — None STUDY SESSION 1. DISCUSS REVISIONS TO THE PILLARS OF THE COMMUNITY, DISTINGUISHED ARTISTS, AND DISTINGUISHED ATHLETES AWARD PROGRAMS Community Services Deputy Director Calderon and Management Analyst Calderon presented the staff report, which is on file in the Clerk's Office. COMMUNITY SERVICE COMMISSIONERS PRESENTATION: Gayl Biondi, Community Services Commission (CSC) Chairperson and CSC Commissioner Tammy Gordon — said the Programs are due for a refresh to simplify the application process; once an award is received, the Pillar is never contacted again; combining the Pillar award with the Senior Inspiration Awards may mislead residents to believe the Pillar Awards are for seniors only; suggested the process be year-round; recommended the info on the Award be pushed out to the community, but also involve service clubs, community leaders, etc. to pull information from them on potential nominees, and to keep the Program fresh in their minds; the CSC is prepared to draft new guidelines for the Program, and to promote the Program in the community should the Council so direct; the criteria for nominees not to be depended on years of service, but to include younger people who have contributed significantly in a short period of time; hope to create a pool of people to follow and CITY COUNCIL MINUTES Page 3 of 14 AUGUST 1, 2023 recognize; and receiving a Pillar Award would not be contingent upon the nominee having received any other City recognition. Council discussed gratitude for the consideration given to this by the CSC; expanding the program to acknowledge the City's growth; including non-traditional contributions by residents; pros and cons of including non-residents who make significant contributions to La Quinta such as youth coaches; including information on the Program during State of the City events; opening the criteria to seasonal residents as well; ways to encourage the nomination of young residents; and changing the final process so that the Council is not put in a position to simply rubber-stamp CSC recommended recipient. Council reached a consensus and directed staff to work with the CSC to draft new criteria and guidelines for nominees of the Pillars of the Community Award. 2. DISCUSS MARKETING RECAP FOR FISCAL YEAR 2022/23 AND MARKETING STRATEGIES FOR FISCAL YEAR 2023/24 Director of Business Unit and Housing Development Villapando and Marketing Manager Graham presented the staff report, which is on file in the Clerk's Office. Council discussed the app for economic development and how it will interact; collaborating with Visit Greater Palm Springs; highlighting the recent changes and upcoming changes along Highway 111 and Old Town including the Museum; SHOP LOCAL campaign collaboration plans; and status of the preparing a list of La Quinta businesses for residents. 3. DISCUSS IMPERIAL IRRIGATION DISTRICT (IID) CONTRACT EXPIRATION AND THE OPTIONS IN MOVING FORWARD THAT ADDRESS AGING EQUIPMENT AND STRESSED POWER GRID; PROVIDE DIRECTION REGARDING THE CITY'S RESPONSE TO THE MARCH 2023 LOCAL AGENCY FORMATION COMMISSION STUDY; AND APPOINT TWO COUNCIL MEMBERS TO FINALIZE THE COMMENT LETTER Marketing and Communications Specialist Barkas presented the staff report, which is on file in the Clerk's Office. Council discussed both Coachella Valley and Imperial County struggling with power supply; open communication with IID is critical due to its importance to La Quinta; consequences of long term reduced electrical rates; future of energy in California; all five IID Board Members live and represent Imperial County; rates, investments, undergrounding utilities, etc. are issues for which Riverside County users need Board representation; one proposal is to separate IID into two distinct governing Boards — one for water, and one for power with members who represent the users of each type of service; infrastructure investment plans are currently focused on Imperial County, yet Coachella Valley developers are held up because IID does not have the capacity to CITY COUNCIL MINUTES Page 4 of 14 AUGUST 1, 2023 service them; multiple issues of great expense are facing the City and IID, all of which must be resolved soon; and pros and cons and challenge of City -generated power. PUBLIC SPEAKER: JB Hamby, Vice President of the IID Board of Directors — spoke about the new relationship established over the last two years and opening of communication; huge cost associated with the State -required equipment replacement over the next 10 years, much of which is in Imperial County; IID's rates reflect its policy of "growth pays for growth;" greater demand by new development, and more electric demand from existing users is near maxing out IID's existing capacity; revising IID policy so that new development is funded by both developers and IID rate payers; and time to determine and plan for a collective vision of the future. Council discussed exploring electrical self -generation by developers; and the response to the LAFCO study, and need for more time to complete the financial component. Council reached a consensus to appoint Councilmember McGarrey and Mayor Evans to draft the comment letter in response to the LAFCO study, which is to include a request for a time extension for the inclusion of financial data. PUBLIC HEARINGS 1. ADOPT RESOLUTION TO APPROVE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE FISCAL YEAR 2023/24 PROPERTY TAX ROLL [RESOLUTION NO. 2023-031] Public Safety Deputy Director Mendez and Animal Control / Code Compliance Supervisor Meredith presented the staff report, which is on file in the Clerk's Office. Council discussed the criteria and process for a property to be declared a public nuisance, which relates to properties that are a safety hazard. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:54 P.M. PUBLIC SPEAKERS: None MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:54 P.M. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to adopt Resolution No. 2023-031 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PLACING A SPECIAL ASSESSMENT AND PROVIDING FOR COLLECTION ON TAX ROLLS OF CERTAIN PROPERTIES FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE Motion passed — ayes 4, noes - 0, abstain — 0, absent — 1 (Sanchez). MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:55 P.M. CITY COUNCIL MINUTES Page 5 of 14 AUGUST 1, 2023 MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:11 P.M. WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND PENA PRESENT 2. ADOPT RESOLUTIONS TO ADOPT A MITIGATED NEGATIVE DECLARATION (EA 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 252 -UNIT APARTMENT PROJECT, LA QUINTA VILLAGE APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 [RESOLUTION NOS. 2023-032 AND 2023-033] Planning Manager Flores presented the staff report, which is on file in the Clerk's Office. City Attorney Ihrke explained that under State law a General Plan Amendment must be approved by a majority of the legislative body, which equals at least three (3) of the five (5) Councilmembers. Council discussed the number of units in the Parc La Quinta project; setback requirements for parking or buildings along the channel; City of Indio's apartment complex on Jefferson Street/Highway 111 approval process; parameters of affordable housing developments that are approved by right based on State mandates, thereby overriding local objections; likelihood of approval of a revised Housing Element, and who pays for it; criteria of power poles on the site that will require undergrounding; effect of the "no net loss" law; approval requirement of rezoning property; developer acceptance of the existing zoning at the Fred Waring Drive/Washington Street property; the consequences if the City falls short of its required regional affordable housing numbers; traffic deficiencies of school zones; means to evaluate the design to determine if it is compatible with the area; subjective versus scientific impacts reviewed by an Environmental Impact review; means to evaluate paved, non -permeable acreage on the environment; and Council's options for actions on this item tonight. APPLICANT REPRESENTATIVE: Vince Whittaker, Shareholder with Buchalter Law Firm, legal counsel for the applicant — pointed out that the property has been designated for affordable housing. APPLICANT REPRESENTATIVE: Benjamin Egan, PE, PLS, Principal with Egan Civil, Inc. and Civil Engineer for the Applicant — stated that this project will provide the City with 74 of the 297 required RENA moderate income units; and, the project has a "will -serve" letter for power from IID, and since the Marshall substation is at capacity, this project will upgrade a transformer doubling the substation capacity, but will only use an estimated 10% of that additional capacity. APPLICANT REPRESENTATIVE: Elizabeth Aguilar, Job Captain, and Sherry Braun, Director of Design, with Irwin Partners Architects — presented a power point depicting the CITY COUNCIL MINUTES Page 6 of 14 AUGUST 1, 2023 zoning parameters, development standards, offsite improvements, architectural style, onsite and overflow parking, setbacks, site lines, traffic study, one-year minimum lease terms, rental rates, quality of unit finishes, and the same quality for both market rate and affordable units, dark -sky compliant site lighting, and requested feedback on some site and building design specifications. Council discussed units per acre; placement and number of AC units; considering energy efficiency in choosing building colors, darker colors absorb heat; onsite 54 EV car chargers; inclusion of car chargers in site energy calculations of 2.2 megawatts; and provision for storage within the apartment units. PUBLIC SPEAKER: Daryl Buckley, Manager of Energy Resource Planning for IID La Quinta Office — confirmed that IID has commissioned the developer to upgrade the capacity at the Marshall substation with a transformer which will serve this project, relieve some of the load on the substation, and provide capacity for some additional growth; and the lead time for the transformer equipment is two years. APPLICANT REPRESENTATIVE: George Chossain, PE, MSCE, MPA, Principal Engineer with Integrated Engineering Group, and Traffic Consultants for the Applicant — provided a power point presentation on the project's traffic assessment, traffic impact, trip generation, intersection analysis, roadway segment capacity, bicycle network, project access points, site visibility, and U-turn versus left -turn safety. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:50 P.M. PUBLIC SPEAKER: Thomas Emison, La Quinta (received donated time from resident Chae Emison) — provided a hand-out of photos; opposes the project's style, colors, architecture, traffic and safety, three-story height, insufficient parking, no elevators, and the five-foot easement on the north property line. PUBLIC SPEAKER: Sandi Robins, La Quinta — spoke of Assembly Bill 323 working its way through the State Legislature regarding density bonuses; and noted that she submitted a letter to the Council with additional concerns regarding this project. PUBLIC SPEAKER: Keith Meyer, La Quinta, and President of Duna La Quinta HOA — said he submitted a letter to the Council; opposed the project as designed, its location, the project's vehicle access, three-story buildings, and opposed to the State's housing mandate on cities. PUBLIC SPEAKER: Dante Gomez, La Quinta (received donated time from resident Neal Robinson) — opposed the project's three-story buildings, lack of elevators, high rental rates, density, parking, and expressed frustration with the review process. PUBLIC SPEAKER: Kevin White, La Quinta (received donated time from resident Kimberly White) — submitted written comments; believes the mandates from the State are unreasonable; opposed the project due to traffic, adding to the overwhelmed electric grid, CITY COUNCIL MINUTES Page 7 of 14 AUGUST 1, 2023 no elevators discriminate against an aging community, project's height and design, and believed the community supports an assisted living project on the site, not high-density apartments. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:22 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:28 P.M. WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND PEVA PRESENT PUBLIC SPEAKER: Joseph Nemith, La Quinta — opposed the project's density, a zone change, traffic congestion, U-turns on Avenue 50, safety, and a bad fit for the location. PUBLIC SPEAKER: Audrey Reed, La Quinta (received donated time from resident Jackie Garvin) — observed the traffic for 90 minutes and believes the traffic study has flaws, and the proposed traffic pattern is unsafe. PUBLIC SPEAKER: Rocio Gomez, La Quinta — opposed the project due to traffic and safety around school, three-story height, limited parking, and lack of elevators. PUBLIC SPEAKER: Penelope Gomez, La Quinta — opposed the project due to safety concerns and traffic. PUBLIC SPEAKER: Sasha Gomez, La Quinta — opposed the project due to traffic, safety during school drop-offs and pickups, adding students to already overcrowded classrooms, and climate change. PUBLIC SPEAKER: George Christopher, La Quinta (former commissioner ECAC) — supported the project due to the needed contribution to the electrical substation; believes the traffic will not be impacted by the project; and interested in volunteering to work on any committee resolving the electrical power issues. PUBLIC SPEAKER: Bruce Maize, La Quinta — supported the project; believes it benefits the City; developer is listening and willing to adapt the project for the community; stated this is normal community growth; and the project has merit. PUBLIC SPEAKER: Kristen Dolan, La Quinta (received donated time from resident Casey Dolan) — supports affordable housing; requested 30 -day notices to neighbors; project site is surrounded by historic developments; opposed three-story height, design, density, trading increased electrical capacity for high density, impact of overflow parking, rental rates, and amendments to the General Plan. PUBLIC SPEAKER: Bill Walker, La Quinta — opposed the project due to traffic, safety issues, no elevators, location of trash containers, noise and light pollution, the project height, fertile grounds for crime and gangs, increased need for police and fire services, and will be a financial burden on the City. CITY COUNCIL MINUTES Page 8 of 14 AUGUST 1, 2023 PUBLIC SPEAKER: Sherilyn Flath, La Quinta — opposed the project due to noise from 1,000 residents, light pollution, traffic, added crime; suggested leaving the lot empty or putting in a tiny home community. PUBLIC SPEAKER: Yolanda Gibson, La Quinta — completed a request to speak form, but was not present to speak when called upon by the Mayor — opposed. PUBLIC SPEAKER: Juan Carlos Sanchez, La Quinta — opposed the project due to overflow parking at the baseball fields next to the project site; suggested using the project site to expand the park and changing the General Plan to allow this park expansion. PUBLIC SPEAKER: Keith Myers, La Quinta — completed a request to speak form, but did not wish to speak when called upon by the Mayor — opposed. PUBLIC SPEAKER: Evelyn Spraul, La Quinta — completed a request to speak form, but was not present to speak when called upon by the Mayor — opposed. PUBLIC SPEAKER: Angie Lafferty, La Quinta — opposed the project due to global warming effects, traffic emissions; carbon -neutral buildings should be required; opposed the heat -emitting asphalt; and questioned the environmental effect of adding to the electrical substation. PUBLIC SPEAKER: Joseph Scaccia, La Quinta (received donated time from resident Roger Garvin) — opposed the project; noted that over 400 residents have signed a petition in opposition to the project, and 100 have sent letters in opposition to the Council; opposed the location of the project, density, number of parking spaces, high rental rates, three-story buildings, disturbance of neighbors quiet and light pollution, potential for increased crime, traffic and pedestrian safety, creation of new U-turns, access to and exit from the project; believes the project will be approved despite residents' objections because the City needs a win due to the recent failure of many proposed developments. APPLICANT REPRESENTATIVE: Benjamin Egan, PE, PLS, Principal with Egan Civil, Inc. and Civil Engineer for the Applicant — addressed comments about the negotiations with IID regarding upgrading the power substation, issues with undergrounding power poles on the north side, and site grading changes planned. APPLICANT REPRESENTATIVE: Elizabeth Aguilar, Job Captain, and Sherry Braun, Director of Design, with Irwin Partners Architects — clarified that elevators are not required for three-story buildings and eVac chairs will be provided; all ground floor units will meet ADA standards; AB 323 does not apply, but applies only to non-profit developments; garages are only along the north property line, no trash enclosures; the developer is willing to build block walls where needed; although the substation upgrade may take two years, it is a condition of approval so it will be done; excess parking is being provided — 295 spaces are required, yet 522 are being provided of which 126 are for guests or roommates; regarding lighting, the project will be "dark sky" compliant; raised median will be provided barring left turns into the project; per Title 24, the project will comply with all CITY COUNCIL MINUTES Page 9 of 14 AUGUST 1, 2023 energy efficiency mandates; each unit has a shaded balcony and window shades can be added; a hedge along Avenue 50 can be provided to shield the project from view similar to Rancho La Quinta; and solar panels will be installed on the carports. APPLICANT REPRESENTATIVE: George Chossain, PE, MSCE, MPA, Principal Engineer with Integrated Engineering Group, and Traffic Consultants for the Applicant — commented on the traffic capacity of Avenue 50; nominal increase in traffic due to the project; the City could add a U-turn at Avenue 50 and Washington Street; options and alternatives to approaching the project; and the location does not warranted for a signal. APPLICANT REPRESENTATIVE: Vince Whittaker, Shareholder with Buchalter Law Firm, legal counsel for the Applicant — noted the property is designated for this type of project, not a park; three City staff reports recommended approval; the project conforms with the policies and goals of the City; and low- and very low-income units do not fit this site and believes the residents would object. Mayor Evans responded to Mr. Whittaker stating that the type of project the City envisioned for this site is not market -rate and moderate -rate apartments, but low- and very low-income units, and that relocating that intended use to another lot, north of Highway 111 with minimal amenities surrounding it, benefits the developer, not the City's housing requirement; developer is getting a density bonus for including 74 moderate -rate units in its development of 178 market -rate units; her concern is not traffic or crime, but not including low- or very low-income units; responded to a resident's comments regarding the City needing a win due to the recent failure of many proposed developments, and explained the varied and individual reasons each project did not go forward; and noted that Wolff Waters affordable housing complex has three -stories and is beautiful as are all of La Quinta's affordable housing projects. WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 2 from the residents listed below, in alphabetical order, in opposition of the proposed La Quinta Village Apartments project, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Nancy Alexander, La Quinta • Deborah Appleboum, La Quinta • Carolyn Brandon and Charles Ciup, La Quinta • Gary Bullers, La Quinta • Alena Callimanis, La Quinta • Angela and Tim Carlson, La Quinta • Duna La Quinta HOA (Keith Meyer, President) • Brandon Faulk, La Quinta • Brian Flath, La Quinta • Joan Foster, La Quinta • Glenna Friesen, La Quinta • Wilbert Friesen, La Quinta • Joe Hager, La Quinta • Carol Herrick, La Quinta CITY COUNCIL MINUTES Page 10 of 14 AUGUST 1, 2023 • Leroy Holt, La Quinta • Todd Hopkins and Gina Calhoun, La Quinta • Tammy and Jerry Howard, La Quinta • Joe Johnson, La Quinta • Thomas Kenny, La Quinta • Charlotte and Rob Leiss, La Quinta • Kenneth Levine, La Quinta • Eric Marzole, La Quinta • Herbert and Louise McCabe, La Quinta • Mary Montgomery, La Quinta • Brad Nelson, La Quinta • Joseph and Stacy Nemeth, La Quinta • Malott Nyhart, La Quinta • Ben and Kappy Olson, La Quinta • Christine Peck, La Quinta • Petition Letter 1 (submitted by Mary Montgomery, La Quinta) • Petition Letter 2 (submitted by Mary Montgomery, La Quinta) • Sandy Robbins, La Quinta • Nereida, Rubalcava, La Quinta • Esther, Sahlstram, La Quinta • Kelly and Bob Scannell, La Quinta • Jim Schmidt, La Quinta • Cynthia Scotten, La Quinta • Mike and Ellen Way, La Quinta • Ruth Waytz, La Quinta — provided 2 sets of comments MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 9:45 P.M. Council discussed the number of letters and emails they've received and read; the right of developers to bring a project forward for consideration; the Council does not have the power to dictate that private property become a park; it being incumbent upon developers to reach out to the community for feedback; concerns that the proposed architecture is not right for the site; site plan of artificial turf, DG, asphalt, rocks and a low percentage of plants is creating a heat island; parking seems adequate; plant relief on perimeter wall along Avenue 50 is needed; location is workable; workforce housing is needed in La Quinta; storage is needed for each apartment; 8-9 units to the acre may be preferable; willing to work to elevate concerns; opponents need facts and studies to convince the Council of their objections; the architecture needs work; the landscape along Avenue 50 needs to fit into the neighborhood; crime waves don't exist in La Quinta's affordable housing complexes; the management that maintains apartment complexes is important; the design doesn't reflect La Quinta's Mediterranean/Hacienda predominant architectural style; appreciate the developer's willingness to adjust components based on comments; all developers are assessed and pay school fees to address the impact of additional students; developer should examine its ability to add a greater number of affordable units; and, suggested working with City staff to conduct a design charrette with the community. CITY COUNCIL MINUTES Page 11 of 14 AUGUST 1, 2023 City Attorney Ihrke said substantial modifications to the project require it to go back to the Planning Commission. MAYOR EVANS DECLARED THE PUBLIC HEARING RE -OPENED AT 10:10 P.M. APPLICANT REPRESENTATIVE: Benjamin Egan, PE, PLS, Principal with Egan Civil, Inc. and Civil Engineer for the Applicant — stated that the developer's team has heard all the public and Council comments; the project must pencil out financially or the upgrade to the electrical substation will not be possible; no grant money is funding the project; there are certain things the project requires to be viable; things that can be addressed are items such as the architecture, the site design, landscaping; would like the opportunity to address Council concerns and incorporate suggestions and take the project back to the Planning Commission. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 10:18 P.M MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 10:25 PM WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND PENA PRESENT PUBLIC SPEAKER: Kristen Dolan, La Quinta — said there was anger and frustration tonight because the applicant was combative and condescending to residents at previous meetings; and the developer has not been responsive to community or Planning Commission's suggested revisions. APPLICANT REPRESENTATIVE: Benjamin Egan, PE, PLS, Principal with Egan Civil, Inc. and Civil Engineer for the Applicant — proposed that the developer make some concessions to Council now to move the process forward to get approval of the General Plan amendment and the Specific Plan amendment, and then return to the Planning Commission where they could sort out the side issues, after which it may not have to come back to the Council; offered to eliminate the third story, but still need 250 units for a viable project, so would have to lose some parking; 74 moderate -income units could be retained but two market -rate units would be eliminated; and increasing the number of affordable units is not doable financially. APPLICANT REPRESENTATIVE: Elizabeth Aguilar, Job Captain, and Sherry Braun, Director of Design, with Irwin Partners Architects — said three-story buildings can be removed, additional buildings added, and the retention basins will need to be reduced or relocated; willing to redesign the architecture in Spanish colonial hacienda style with light colors and tile roofs; and willing to eliminate the garages. Council discussed the timing of this item to be revised by the developer, brought to community meetings, reviewed by staff, returning to Planning Commission, followed by a return to the City Council; and provided specific design and specification feedback to the developer. CITY COUNCIL MINUTES Page 12 of 14 AUGUST 1, 2023 PUBLIC SPEAKER: Joseph Scaccia, La Quinta — said the majority of residents have left; noted he was pleased with the modifications Council has requested of the developer, such as having only two-story buildings, Mediterranean architectural style, reduction in the total number of units, removal of artificial turf and use of drought tolerance surfaces instead, etc.; and said he will recap these changes in writing for a lot of residents and believes that residents will be supportive. PUBLIC SPEAKER: Thomas Emison, La Quinta — asked what would replace the proposed garages which would be eliminated from the project design; Council replied the applicant indicated uncovered parking, and there will be a wall separating the project from the adjacent development. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 10:51 P.M. MOTION — A motion was made and seconded by Councilmembers Pena/McGarrey to remand the La Quinta Village Apartments project to the Planning Commission, followed by a return to the City Council after revising the proposed project design to address the following items: • Remove all three-story buildings; • Add additional two-story buildings to the site for a total of 250 units; • Reduce the number of units from 252 to 250, to be comprised of 74 moderate - income units and 176 market -rate units; • Add landscaping; • Remove artificial turf and replace with permeable ground covering instead; • Remove the proposed garages and replace with parking spaces instead; and • Change the currently proposed architectural modern style to Spanish Colonial Hacienda style to better fit with the surrounding community. Motion passed — ayes 4, noes - 0, abstain — 0, absent — 1 (Sanchez). DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. 7. DISCUSS LA QUINTA LANDSCAPE RENOVATION PROJECT 2016-03 TO INCLUDE AN ACTIVITIES PROMENADE; LOCATION: CACTUS FLOWER DEVELOPMENT Management Analyst Mignogna presented the departmental report, which is on file at the Clerk's office. Council discussed the heat of the concrete surfaces in the summer; parking; including a drinking fountain, benches, shade, trash receptacles, perhaps remove lights and foosball, and replace pavement with permeable ground cover; crime statistics in the area; ongoing maintenance requirements; project funding from savings of Measure G allocated funds for landscaping, can be re -invested in this area; and project timing. RIVERSIDE COUNTY SHERIFF'S DEPARTMENT SPEAKER: Lieutenant Andres Martinez — stated he will compare this area to a similar one for comparable crime CITY COUNCIL MINUTES Page 13 of 14 AUGUST 1, 2023 statistics; average 60-100 calls for service in La Quinta; 1,015 calls for service in this general area over the last three years, but it includes surrounding areas; suggests motion - activated lighting, and one -minute sprinklers; and will provide apartment complex crime data to Council in response to residents' concerns of increased crime emanating from new apartment developments. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmembers Fitzpatrick and Pena reported on their attendance at the Cookie Co. ribbon cutting. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meeting: • IMPERIAL IRRIGATION DISTRICT — COACHELLA VALLEY ENERGY COMMISSION ADJOURNMENT Mayor Evans adjourned the meeting in honor of long-term pastor and fellow Rotarian, Dr. Den Denning, who passed away on July 20, 2023. There being no further business, a motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to adjourn this meeting at 11:11 p.m. Motion passed — ayes 4, noes - 0, abstain — 0, absent — 1 (Sanchez). Respectfully submitted, • r� MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 14 of 14 AUGUST 1, 2023