Loading...
2023 09 19 CC Minutes4oFT- CALL TO ORDER CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 19, 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 Manager McMillen requested to add "Proclamation in Recognition of California Native American Day — September 22, 2023" as Item No. 1-A under the Announcements, Presentations, and Written Communications section of the Agenda. City Manager McMillen requested to pull Consent Calendar Item No. 6 from consideration on tonight's Agenda. Councilmember Pena noted that he will recuse himself during discussion and vote on Business Item No. 1 due to a potential conflict of interest stemming from the proximity of his real property interest to the project location, Fritz Burns Park. Mayor Evans stated that she will need to leave the meeting starting around 6:00 p.m. for about an hour, and requested Mayor Pro Tem Sanchez to assume presiding officer duties in her absence. 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. 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 3:03 P.M. CITY COUNCIL MINUTES Page 1 of 10 SEPTEMBER 19, 2023 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code section 54950 et seq. (Brown Act): • CLOSED SESSION ITEM NO. 1 — no reportable action; and • CLOSED SESSION ITEM NO. 2 — Council completed the City Attorney's annual performance evaluation and reaffirmed his appointment. PLEDGE OF ALLEGIANCE Mayor Pro Tem Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: 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 upcoming State -of -the -City scheduled for September 28, 2023, at Embassy Suites, and announcements of new businesses. PUBLIC SPEAKER: Richard Gray, La Quinta — said new apartment projects in the City with multiple stories should not be built without elevators; and expressed concerns about the construction delays with the Talus project, formerly known as SilverRock. PUBLIC SPEAKER: Nicole Trigg and Sean Webb, Board Members with Leadership Coachella Valley (LCV) — said the LCV program is designed to identify, motivate, and develop future community leaders, explained the program's objectives and structure, and thanked the Council for their support. PUBLIC SPEAKER: Patricia Ryan, La Quinta — said she is a 31 -year resident on Via Coronado, a cul -du -sac of 15 homes in the non -gated La Quinta Del Oro residential neighborhood, across from the Indian Wells Tennis Gardens; in May, two homes nearby were purchased and now operate a business offering behavioral and health rehabilitation; the business runs three shifts per day with 12 to 36 cars coming and going daily; California Megan's Law (Penal Code Section 290.46) which mandates the California Department of Justice to notify the public about specified registered sex offenders, doesn't apply to this business; she doesn't feel safe in her home; two neighbors have moved due to unsafe conditions; invited Councilmembers to visit to experience for themselves; requested that Council adopt regulations to protect residents; employees of the facility have been threatening; expects this business to purchase many more houses around the City; believes the City was unaware of this business because it is "supportive housing" permitted by the State; and the operation began a month ago. CITY COUNCIL MINUTES Page 2 of 10 SEPTEMBER 19, 2023 City Manager McMillen stated that staff will investigate this business and any plan to expand to other areas of the City, including licensing requirements and complaint procedures. PUBLIC SPEAKER: Jimmy Steinfeldt, La Quinta — moved from Los Angeles to the Gem of the Desert about a year ago; he is very pleased with the City and the community; and presented Council with a book of his photography, and will be giving a signed copy to the La Quinta library. PUBLIC SPEAKER: Lynne Daniels, La Quinta — submitted a request to speak form but was not present to speak when called upon by the Mayor. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE NEW CITY STAFF MEMBERS City Manager McMillen introduced the following new City employees: Employee Name Delores Yslas Nina Torres -Hernandez Cole Woods Toby Sudakoff Taylor Tuvell Edward Ghera Ernesto Sanabria Title Recreation Leader Recreation Leader Code Compliance Officer Administrative Assistant Building Inspector Sr. Building Inspector Construction Inspector Department Community Services Community Services Public Safety Design & Development Design & Development Design & Development Public Works City Manager McMillen introduced the following promoted City employees: Employee Name Title Department Oscar Mojica Permit Technician City Clerk's Office Added Presentation »> 1-A PROCLAMATION IN RECOGNITION OF CALIFORNIA NATIVE AMERICAN DAY — SEPTEMBER 22, 2023 Mayor Evans explained the history and purpose of Native American Day. PUBLIC SPEAKERS VIA TELECONFERENCE: Juan Villa, California Native American Day Project Lead, representing Assemblymember James Ramos in accepting the proclamation, and Jack Lugo, a member of the Band of Morongo Mission Indian and Field Representative for Assemblymember James Ramos — Mr. Villa said Assemblymember Ramos is the first California native American in the State legislature; provided a brief history of Native Americans in California; announced the upcoming free celebration; and thanked the Council for the honor of receiving this proclamation. CITY COUNCIL MINUTES Page 3 of 10 SEPTEMBER 19, 2023 2. INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT NEW LA QUINTA DIVISION CHIEF RICHARD TOVAR Riverside County Fire Division Chief Bryan White introduced La Quinta Division Chief Richard Tovar who is filling the newly added position; Chief Tovar gave a brief presentation about his training, qualifications, and 27 -year experience, and said he is excited to serve La Quinta. Mayor Evans provided Division Chief Tovar's professional background, and thanked him for his participation in the City's 9/11 Candlelight Vigil. 3. HUNGER ACTION MONTH — SEPTEMBER 2023 — PRESENTATION BY FIND FOOD BANK VICE PRESIDENT OF DEVELOPMENT KELLY MUI- CHESTERTON AND DEVELOPMENT AND COMMUNITY RELATIONS MANAGER MARIELA SALAZAR Vice President of Development Kelly Mui -Chesterton with Find Food Bank spoke about the importance of providing assistance for Hunger Action Month; the efforts and objectives; encouraged the community to join the movement to help end hunger this month by volunteering or donating; and the benefits of Senate Bill 1383, food recycling. Councilmember McGarrey said she serves on the board of Find Food Bank, which is a volunteer position for which she does not receive any compensation. 4. PROCLAMATION IN RECOGNITION OF CONSTITUTION WEEK — SEPTEMBER 17-23, 2023, COMMEMORATING THE SIGNING OF THE UNITED STATES CONSTITUTION Constitution Week Committee Chair Deanne Bronaugh and First Vice -Regent Wendy Becker, representatives of the Cahuilla Chapter of the National Society Daughters of the American Revolution (NSDAR) spoke about the organization's efforts and objectives. NSDAR Member Rosemary Hallick introduced Cheryl Schuler, history teacher at La Quinta High School; Ms. Schuler spoke about her approach to teaching high school juniors about the U.S. Constitution. Council presented the NSDAR with a proclamation in recognition of Constitution Week celebrating the 236th anniversary of the signing the United States Constitution in September 1787. PUBLIC SPEAKER: Alena Callimanis, La Quinta — said the NSDAR granted her a scholarship many years ago which allowed her to attend college. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF JULY 18, 2023 CITY COUNCIL MINUTES Page 4 of 10 SEPTEMBER 19, 2023 2. APPROVE COUNCIL MEETING MINUTES OF AUGUST 1, 2023 3. APPROVE SPECIAL COUNCIL MEETING MINUTES OF AUGUST 23, 2023 4. EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE AUGUST 22, 2023, PLANNING COMMISSION MEETING 5. AUTHORIZE OVERNIGHT TRAVEL FOR PERMIT TECHNICIAN IN THE CITY CLERK'S DEPARTMENT AND ADMINISTRATIVE TECHNICIAN IN THE FINANCE DEPARTMENT TO ATTEND THE CITY CLERK'S ASSOCIATION OF CALIFORNIA "NUTS AND BOLTS" WORKSHOP IN BREA, CALIFORNIA, OCTOBER 26-27, 2023 6. pulled from agenda by Staff »> AUTHORIZE OVERNIGHT TRAVEL FOR A II • . OF CALIFORNIA PARKS AND RECREATION SOCIETY MAINTENANCE . ..• / . ar , . , • 1 6-10, 2023 7. AUTHORIZE OVERNIGHT TRAVEL FOR THE DEPUTY BUILDING OFFICIAL, TWO SENIOR BUILDING INSPECTORS, AND ONE BUILDING INSPECTOR TO ATTEND THE CALIFORNIA BUILDING OFFICIAL'S EDUCATION WEEK IN COSTA MESA, CALIFORNIA, OCTOBER 23-26, 2023 8. APPROVE PURCHASE OF NEW TECHNOGYM FITNESS EQUIPMENT FOR THE WELLNESS CENTER 9. APPROVE ADVERTISING AGREEMENT WITH ALPHA MEDIA FOR MARKETING SERVICES FOR IRONMAN 70.3 EVENT FOR FISCAL YEAR 2023/24 10. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF RIVERSIDE TO PROVIDE ONSITE WASTEWATER TREATMENT SYSTEMS REGULATION 11. ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE FLORESTA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 36762, LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET 12. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO. 38668 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR A MIXED-USE PROJECT LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD; PROJECT — DUNE PALMS MIXED-USE PROJECT [RESOLUTION NO. 2023-033] 13. ADOPT RESOLUTION TO EXTEND THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM [RESOLUTION NO. 2023-034] CITY COUNCIL MINUTES Page 5 of 10 SEPTEMBER 19, 2023 14. RECEIVE AND FILE FOURTH QUARTER FISCAL YEAR 2022/23 TREASURY REPORTS FOR APRIL, MAY, AND JUNE 2023 15. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JULY 31, 2023 16. APPROVE DEMAND REGISTERS DATED JULY 28, AUGUST 4, 11, AND 18, 2023 17. APPROVE DEMAND REGISTERS DATED AUGUST 25, SEPTEMBER 1 AND 8, 2023 MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve Consent Calendar Item Nos. 1-5 and 7-17, as recommended, with Item Nos. 12 and 13 adopting Resolutions Nos. 2023-033 and 2023-034 respectively. Motion passed unanimously. City Clerk Radeva said WRITTEN PUBLIC COMMENT was received from La Quinta resident G. Resnick, relating to Consent Calendar Item No. 12, in opposition of fast-food establishments, which was distributed to Council, made public, published on the City's website, and included in the public record of this meeting. BUSINESS SESSION 1. APPROVE FRITZ BURNS PARK IMPROVEMENTS DRAFT MASTER PLAN, AUTHORIZE THE DESIGN PHASE, AND APPROVE AMENDMENT NO. 2 TO THE AGREEMENT FOR CONTRACT SERVICES WITH INSITE LANDSCAPE ARCHITECTURE TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 COUNCILMEMBER PENA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 1, 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 5:00 P.M. Public Works Director McKinney and Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed the pending grant; completing all phases of the project as soon as possible; the pool operation and maintenance; plans for the corporate yard; challenges regarding parking for the park; use of DG in the temporary parking area; timeline of new parking; plan if the pending $3 million grant is not received; completing the design of all three phases now; maximizing parking on Frances Hack Drive; added traffic generated by the added pickleball courts; educating users about the temporary parking location and encouraging travel to the park on foot or by bicycle; community comments regarding the CITY COUNCIL MINUTES Page 6 of 10 SEPTEMBER 19, 2023 dog park and skate park features; relocating the dog park and utilizing that space for additional parking; and future operating costs. CONSULTANT (attending via teleconference): Tim Jachlewski, President, PLA, ASLA, with IN -SITE Landscape Architecture, Inc. — addressed possible locations for additional parking. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve Fritz Burns Park Improvements Draft Master Plan, authorize the design phase, approve Amendment No. 2 to the Agreement for Contract Services with IN -SITE Landscape Architecture, Inc. to provide engineering design services for the Fritz Burns Park Improvements Project No. 2021-02; and authorize the City Manager to execute the amendment as recommended. Motion passed — ayes 4, noes - 0, abstain — 0, absent — 1 (Pena). COUNCILMEMBER PENA RETURNED TO THE DIAS AT 5:31 P.M. FOR THE REMAINDER OF THE MEETING STUDY SESSION 1. DISCUSS THE VILLAGE UNDERGROUNDING FEASIBILITY STUDY PROJECT NO. 2022-06 Public Works Management Analyst Mignogna, and Project Manager Oscar Lazaro and Senior Project Manager Jeff Cooper with NV5, Inc. presented the staff report, which is on file in the Clerk's Office. MAYOR EVANS ASKED MAYOR PRO TEM SANCHEZ TO ASSUME PRESIDING OFFICER DUTIES FOR THE COUNCIL MEETING AND LEFT THE DIAS AT 6:03 P.M. Council discussed technical versus financial feasibility; post -construction landscaping repair estimates; estimate of time to complete such a project — two to three years per phase once everything is in place; undergrounding along the street versus the public parkway; issues with private property easements; disruption to residents' service during construction; the benefits of undergrounding utilities; incentives for homeowners to connect to the new underground system; using existing Carson boxes to reduce costs; possible need for homeowners to upgrade electrical panels; overlapping upcoming street pavement project with the undergrounding project to reduce costs; partnering with Frontier and Spectrum to share costs; and getting the message out to residents regarding the importance of undergrounding utilities. PUBLIC SPEAKER: Daryl Buckley, Manager of Energy Resource Planning for Imperial Irrigation District (IID) La Quinta Office — stated that all IID's backbone infrastructure is in the public right of way; this is easily a 10 -15 -year project for all the phases; in his two years with IID, no underground conversions have occurred, but he has had many years of experience in undergrounding utilities elsewhere. CITY COUNCIL MINUTES Page 7 of 10 SEPTEMBER 19, 2023 PUBLIC SPEAKER: Philip Bettencourt, La Quinta — commended the Council for considering this project; suggested taking on bite -size pieces of neighborhoods to get a consensus, and involve local community "cheerleaders" and build team -work; and it must all be installed in public right of way. MAYOR PRO TEM SANCHEZ CALLED FOR A RECESS AT 6:27 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 7:07 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS 1. ADOPT RESOLUTIONS TO: 1) ADOPT MITIGATED NEGATIVE DECLARATION (EA 2021-0006), AND 2) APPROVE GENERAL PLAN AMENDMENT 2021-0001, ZONE CHANGE 2021-0001, CONDITIONAL USE PERMIT 2021-0002 (PLANNED UNIT DEVELOPMENT) FOR AN 80 -UNIT SINGLE-FAMILY RESIDENTIAL PROJECT AND TENTATIVE TRACT MAP 2021-0004 (TTM 37950); CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; PROJECT NAME: LA VILLETA AT AVENUE 58; LOCATION: SOUTH OF AVENUE 58 BETWEEN MADISON STREET AND MONROE STREET [RESOLUTION NOS. 2023-035 AND 2023-036] Associate Planner Fernandez presented the staff report, which is on file in the Clerk's Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:24 P.M. PUBLIC SPEAKER: Alena Callimanis, La Quinta — submitted a request to speak form, but was not present when called upon by the Mayor — provided written comments in support of the project, which were included in the public record of the meeting. PUBLIC SPEAKER: Joe Hammer, La Quinta — supports the project; owns property adjacent to this project; and La Quinta needs moderately priced homes. APPLICANT: Kris Pinero, Project Manager with Rodeo Credit Enterprises, LLC — introduced the project team, and provided a brief presentation of the proposed project. Council discussed the ability to make left turn out of the project site; public outreach and community meetings held; price point for homebuyers just a guess — maybe $700,000; possible builders for the project; cost of IID substation and necessary upgrades; lot sizes; setbacks; increased density concerns; parking requirements; safety reason for narrowing streets; pros and cons of the proposed 44 guest parking spaces; no IID "will -serve" letter has been issued; commitment from IID is a major issue; positive comments regarding the architecture; homeowners association (HOA) and short-term vacation rentals (STVR); CITY COUNCIL MINUTES Page 8 of 10 SEPTEMBER 19, 2023 project increases housing inventory, but not State -mandated affordable housing inventory; Council's inability to decrease unit density for the site once the zoning/Master Plan is approved for this project; number of previous projects where the Council increased density; density requested is in a rural area, this area does not have the needed essential services nearby; if approved, this density would be a precedent; may be good as a STVR community; good project, but in the wrong location; changing zoning and the General Plan is a major matter; residents in the Sphere of Influence are unlikely to support this high density in this rural area; in time when the area develops more, perhaps this density will be appropriate; results of market research regarding this type of project; process for a Development Agreement; and approving the change removes Council's flexibility, without having any guarantee of this project being built -out. APPLICANT'S CONSULTANT: Henrik Nazarian, Civil Engineer with D & D Engineering, Inc. — provided a brief presentation of the proposed project, and possible Conditions of Approval that Council can impose; the project could be net zero energy -wise; and listed similar projects in other California cities. PUBLIC SPEAKER: Joe Hammer, La Quinta — supports the project; believes it will spur surrounding residential and commercial development. PUBLIC SPEAKER: Kim Hammer, La Quinta — supports the project; adjacent homeowners are not objecting; and the free market should decide. City Attorney Ihrke explained the purpose and process for Development Agreements. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:42 P.M. MOTION — A motion was made and seconded by Councilmember Pena/McGarrey to continue this hearing to the date certain for the regular Council meeting of December 19, 2023, to allow the applicant time to meet with IID regarding the cost of electrical service, explore a Development Agreement, and obtain feedback from neighbors. Motion passed: ayes — 3 (McGarrey, Pena, and Sanchez), nays — 2 (Evans and Fitzpatrick), abstain — 0, absent — 0. DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. 7-B DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05 STORM DAMAGE UPDATE Public Works Director McKinney provided an update on the project and work to provide temporary detours since the damage caused by the recent storm — Tropical Cyclone Hilary. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Pro Tem Sanchez reported on his, Councilmember McGarrey's, and staff's attendance at the California Joint Powers Insurance Authority's Annual Risk Management CITY COUNCIL MINUTES Page 9 of 10 SEPTEMBER 19, 2023 Education Forum, held in Carlsbad, California, at the end of August; the Coachella Valley Unified School District State -of -the -District meeting; and Desert Valley Builders Association meeting. Mayor Evans reported on her attendance at the La Quinta High School homecoming parade; Esther Papin's 100th birthday; Rotary meeting; All Valley Mayors and Tribal luncheon; and the press conference to advocate funding for Indian Canyon road repairs. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meetings: • CVAG COACHELLA VALLEY CONSERVATION COMMISSION • CVAG ENERGY AND SUSTAINABILITY COMMITTEE La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organizations' meetings: • ANIMAL CAMPUS COMMISSION • CVAG TRANSPORTATION COMMITTEE • RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta's representative for 2023, Councilmember McGarrey reported on her participation in the following organizations' meetings: • COACHELLA VALLEY MOUNTAINS CONSERVANCY • IID ENERGY CONSUMERS' ADVISORY COMMITTEE La Quinta's representative for 2023, Councilmember Pena reported on his participation in the following organizations' meetings: • CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES • CVAG PUBLIC SAFETY COMMITTEE • CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to adjourn at 9:22 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 10 of 10 SEPTEMBER 19, 2023