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2024 05 21 CC Minutes174 oF°w CALL TO ORDER CITY COUNCIL MINUTES TUESDAY, MAY 21, 2024 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, and Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA City Manager McMillen said the proposed 2024 Legislative Policy Guide under consideration on tonight's agenda as Business Session Item No. 1 was revised and a redlined handout was distributed to Council, made public, published on the City's website, and included in the public record of this meeting. Mayor Pro Tem Pena said he will recuse himself from discussion and vote on Business Session Item No. 2 related to approval of agreement for contract services with Desert Recreation District for management and operations of the Fritz Burns Pool due to a potential conflict of interest stemming from the proximity of his real property to the project location. Councilmember Fitzpatrick said she would comment on Consent Calendar Item Nos. 5 and 6 related to slurry seal improvements at various locations citywide and pavement rehabilitation of Dune Palms Road, from Miles Avenue to Fred Waring Drive. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES MANAGER; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES' ASSOCIATION, AND UNREPRESENTED EMPLOYEES CITY COUNCIL MINUTES Page 1 of 9 MAY 21, 2024 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 4:03 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: The following was reported from Closed Session pursuant to Government Code section 54957.1 (Brown Act): • CLOSED SESSION ITEM NO. 1 — Mayor Evans reported Council will reconvene Closed Session to continue consideration of this after the Open Session portion of the meeting; and • CLOSED SESSION ITEM NO. 2 — City Attorney Ihrke reported Council concluded consideration of this item, and no actions were taken on this item that require reporting pursuant to the Brown Act. PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from The La Quinta Financial Advisory Commission recommending Council consider revised project funding allocations utilizing Measure G revenues for the 5 -year Capital Improvement Program encompassing fiscal years 2024/25 through 2028/29, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. PUBLIC SPEAKER: Steve Moline, La Quinta — expressed concern regarding traffic enforcement, particularly red-light runners, speeders, and illegal U-turns; and suggests an increase in enforcement. PUBLIC SPEAKER: Jaanai Benitez -Santiago, La Quinta — advocated for youth vaping prevention; requested that La Quinta strictly enforce the ban; and suggested a City license be required for tobacco retailers. PUBLIC SPEAKER: Mia Galleher, La Quinta — a youth health advocate; opposed to youth vaping and tobacco use; tobacco being sold to youth under 21 -years of age; and encouraged the City to institute a tobacco license. PUBLIC SPEAKER: Janete Avila — a behavior technician; stated 30 tobacco retailers operate in La Quinta, many near the La Quinta High School; and urged the Council to institute a comprehensive local tobacco retail license. CITY COUNCIL MINUTES Page 2 of 9 MAY 21, 2024 PUBLIC SPEAKER: Amber Grano — High School Medical Health Academy member; concerned about the escalation in youth tobacco use; proposed a local tobacco retail license to regulate sales. PUBLIC SPEAKER: Lynne Langdon, La Quinta (received donated time from Harry Langdon) — a real estate professional; complained that City does not reply to citizen's letters; Code Enforcement doesn't know City Code; Permit Center and Planning Division only give verbal approval, nothing in writing, and then Code Enforcement issues citations; systematic problem exists; Council ignores resident requests for meetings; resident complaints are ignored; and unfulfilled campaign promises, such as completion of the Talus project. PUBLIC SPEAKER: Alena Callimanis, La Quinta — commented on the Jefferson Street and Avenue 52 round -about discussed as part of the 5 -year Capital Improvement Program Study Session during the April 2, 2024, meeting, and said the round -about should not be increased to two lanes — it works well as is, and is safer than two lanes. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. JOSHUA TREE NATIONAL PARK UPDATES — PRESENTATION BY SUPERINTENDENT JANE RODGERS Superintendent Rodgers, of Joshua Tree National Park (Park), provided an update on Park operations, statistics, ecology, and climate threats. Council discussed Joshua trees are on the State's endangered species list and the resulting funds for research; Park entrance and camping fees and fee -free days; Chuckwalla National Monument effort; collaboration with the Twenty -Nine Palms Band of Mission Indians; Green Sticker Program; and Park areas permitting pets. CONSENT CALENDAR 1. APPROVE COUNCIL SPECIAL MEETING MINUTES OF MAY 1, 2024 2. APPROVE MEETING MINUTES OF MAY 7, 2024 3. EXCUSE ABSENCES OF CHAIRPERSON DORSEY FROM THE MAY 8, 2024, FINANCIAL ADVISORY COMMISSION MEETING AND COMMISSIONER CALDWELL FROM THE MAY 28, 2024, PLANNING COMMISSION MEETING 4. ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, AND (B) REQUESTING RIVERSIDE COUNTY CONSOLIDATE THE NOVEMBER 5, 2024, MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION [RESOLUTION NOS. 2024-017 AND 2024-018] CITY COUNCIL MINUTES Page 3 of 9 MAY 21, 2024 5. AWARD CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR THE CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-16, LOCATED IN VARIOUS LOCATIONS 6. AWARD CONTRACT TO VANCE CORPORATION FOR THE DUNE PALMS ROAD PAVEMENT REHABILITATION PROJECT NO. 2021-01, LOCATED ON DUNE PALMS ROAD FROM MILES AVENUE TO FRED WARING DRIVE 7. APPROVE DEMAND REGISTERS DATED MAY 3 AND 10, 2024 CONSENT CALENDAR COMMENTS Councilmember Fitzpatrick said the City continues to invest in roadways infrastructure throughout the City and noted the agreements under Consent Calendar Item Nos. 5 and 6 approve projects related to slurry seal improvements at various locations citywide and pavement rehabilitation of Dune Palms Road, from Miles Avenue to Fred Waring Drive; approximately $18 million has been spent on paving the City. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve the Consent Calendar as presented, with Item No. 4 adopting Resolutions Nos. 2024-017 and 2024-018. Motion passed unanimously. STUDY SESSION 1. DISCUSS SPECIAL EVENT REGULATIONS IN RESIDENTIAL DISTRICTS PER LA QUINTA MUNICIPAL CODE SECTION 9.60.170 Planning Manager Flores presented the staff report, which is on file in the Clerk's Office. PUBLIC SPEAKER: Melissa Labayog, La Quinta — resident of Highland Palms community which has been greatly impacted by special events held at the Dupont Estate; neighbors have suffered greatly; she and other neighbors are selling at reduced prices due to disclosed negative impact of residing near this event center; plans to run for Mayor if unable to sell her house; and will submit her list of questions and comments on this subject to the City. Council discussed streamlining regulations and permits regarding tents; frequency that Fire Department rejects, revises tent locations, use, etc.; suggested that Fire Marshall hold an education session with vendors regarding tent regulations; fees for the 3 tiers of Special Event Permits only cover staff time — no profit to the City; special events at short- term vacation rental (STVR) properties; number of violations issued during special events; County regulations for special events at STVRs; process, timeline, and evaluation for Special Event Permits (SPEVs); elimination of the 3 tiers of SPEV types; adding an additional fee for expedited approvals; applying violation strikes, fines, and bans on multiple violators; 6 large lots in the City having STVR permits; STVR large -lot permits versus SPEVs; distinguishing events requiring a SPEV versus family gatherings; limits on special event hours and longevity; special events selling tickets to attend not a distinction; CITY COUNCIL MINUTES Page 4 of 9 MAY 21, 2024 excess staff time being spent on SPEV issues; appeal processes for STVR violations; number of STVR and SPEV appeals in past year; and desire for consistency of strikes, fines, and appeals with STVRs and SPEVs. PUBLIC SPEAKER: Melissa Labayog, La Quinta — asked what violations were issued for the March 2024 event at the Dupont Estate; stated special events do not belong in residential neighborhoods; supports raising fines, strikes, and suspensions; public comment should not be only at the tier three level; supports requiring cameras at special event properties with a direct feed to City; City should take a percentage of revenue special events make, and neighbors should be compensated too. Council reached a consensus and directed staff to eliminate tiers; add fees for expedited approvals; revise strikes, fines, bans, and appeals to match those in the City's STVR Code section; return to Council with redline of Code amendments prior to bringing code changes to the Planning Commission for review. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:29 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:38 P.M. WITH ALL MEMBERS PRESENT 2. DISCUSS FISCAL YEAR 2024/25 MARKETING AND ECONOMIC DEVELOPMENT STRATEGIES Marketing Manager Graham presented the staff report, which is on file in the Clerk's Office. Council discussed onsite means of identifying Shop Local participants; promotion of Shop Local by the Chamber; educating staff of Shop Local merchants; enhance media announcements of City events; direct flight marketing; marketing in cold climates; connect with Joshua Tree National Park visitors via billboards, etc.; City swag merchandise at local retailers and at SilverRock; explore promotions at area events; and design for new shirts and delivery timing. Council reached a consensus and directed staff to work on City swag sale outlets; and explore promotion at Joshua Tree National Park entrances, the horse shows, and Thermal racetrack. 3. DISCUSS FISCAL YEAR 2024/25 PRELIMINARY PROPOSED BUDGET Finance Director Martinez presented the staff report, which is on file in the Clerk's Office. Mayor Evans noted that the WRITTEN PUBLIC COMMENTS from the La Quinta Financial Advisory Commission recommending revised project funding allocations utilizing Measure G revenues for the 5 -year Capital Improvement Program encompassing CITY COUNCIL MINUTES Page 5 of 9 MAY 21, 2024 fiscal years 2024/25 through 2028/29, were received by Council, made public, published on the City's website, and included in the public record of this meeting. Council discussed additional services for street sweeping due to winds and sand, and use of mulch to reduce blowing of sand; Financial Advisory Commission recommendations, and the value of the Commissioners' advice; appreciation for the Sheriff Department's well-managed funds from the City; the high cost of keeping La Quinta beautiful and to provide the top services residents and visitors expect; PERS liability paydown; and the extensive review process the budget goes through. Council reached a consensus and directed staff to present a balanced budget at the next meeting; and present revenue and expenditure details on the Lighting and Landscaping District budget. BUSINESS SESSION 1. APPROVE THE 2024 LEGISLATIVE POLICY GUIDE UPDATES Director of Business Unit and Housing Development Villalpando presented the staff report, which is on file in the Clerk's Office. PRESENTER VIA TELECONFERENCE: Jason Gonsalves, City Lobbyist with Gonsalves and Son — provided Council with a legislative update. Council discussed Assembly Bill (AB) 86 regarding homelessness, and the accounting of funds State spent on homelessness; need for State to streamline the process of building affordable housing; need for State to focus on strengthening the economy to allow more people to buy homes; the status of Senate Bill 584; need for longer retention of automated license plate reader data; change in jaywalking laws; November initiative to rollback portions of Prop 47 and 57, and AB 109; and State minimum hour wage setting powers. Council reached a consensus and directed staff to make the following changes to the revised 2024 Legislative Policy Guide distributed as a hand-out, as noted during Confirmation of Agenda: • Under "I. Enhance Local Authority" — add "preserving and retaining local authority" • Under "III. Foster Economic Development" — add "foster and promote economic development tools" • Under "V. Support Public Safety" — revise "The City of La Quinta strongly supports makes community safety a priority ... prioritizes public safety by providing ..." • Under "VI. Encourage Preservation of the Environment" — incorporate "stewardship" and "sustainability"where applicable in addition to preservation; add preservation of hillsides "... including hillsides and the Salton Sea" • Under "Economic Development" — remove bullet no. 3 regarding redevelopment • Under "Finance" — replace "relies on" with "uses contract services" under bullet no. 1 • Under "Housing" — replace "affordable housing" with "workforce housing," "adults" with "residents," and add "mental health" CITY COUNCIL MINUTES Page 6 of 9 MAY 21, 2024 • Under "Environment" — add "the preservation and safeguarding of our environment" under bullet no. 1; add "stewardship" and "sustainability' where applicable; add "energy' • Under "Transportation and Infrastructure" — add "supports clean energy alternatives that are reliable, affordable and adequately funded" under bullet no. 2 • Under "Public Safety" — add "The City of La Quinta supports ongoing education and preparedness for natural disasters" under bullet no. 1; add bullet no. 4 "The City advocates providing law enforcement with the resources to prevent crime and provide public safety' • Under "Tourism" — replace "The City of La Quinta is strongly engaged supports in attracting tourism;" and add "oppose legislation that would compromise tourism programs which would negatively affect City revenue." MOTION — A motion was made and seconded by Councilmembers Pena/McGarrey to revise the 2024 Legislative Policy Guide per Council's comments noted above and bring it back for Council's consideration at a future meeting. Motion passed unanimously. 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT RECREATION DISTRICT (DRD) FOR MANAGEMENT AND OPERATIONS OF THE FRITZ BURNS POOL MAYOR PRO TEM PE -NA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 2 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY INTEREST TO THE PROJECT LOCATION, AND LEFT THE DAIS AT 8:40 P.M. Management Analyst Calderon presented the staff report, which is on file in the Clerk's Office. Council discussed feedback from users regarding a reduction in services in October, November, and December; increasing use, and attendance during winter months; promoting use of the pool for Ironman participants, scuba diving certifications, and private rentals; alternative ways to heat the pool; maintaining rates until attendance can be increased; researching basis for DRD fees; possibility of relocating the pool for greater accessibility; and possibility of deeding the pool to DRD. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Agreement for Contract Services with Desert Recreation District for management and operations of the Fritz Burns Pool, at 12 months full operations as presented under Option 1 in the staff report; and authorize the City Manager to execute the agreement as presented. Motion passed: ayes — 4, noes — 0, abstain — 0, absent — 1 (Pena). MAYOR PRO TEM PENA RETURNED TO THE DAIS AT 8:58 P.M. FOR THE REMAINDER OF THE MEETING CITY COUNCIL MINUTES Page 7 of 9 MAY 21, 2024 PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Fitzpatrick reported on her attendance at the ribbon cutting at the Palm Springs Air Museum. Mayor Evans reported on her presentation of a City certificate to Eagle Scout Xavier Campos of Scout Troop 1701. Councilmember Sanchez reported on his attendance at the joint Chamber mixer; the Women Who Rule leadership luncheon; and California LAFCO Southern Region where he was appointed Vice Chair. Councilmember McGarrey reported her attendance at a local Boy Scout event. Council sent its sympathies to the Ramos family, and the families of the victims of the tragic accident on Highway 111. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2024, 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 2024, Councilmember Fitzpatrick reported on her participation in the following organizations' meetings: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION • CVAG HOMELESSNESS COMMITTEE La Quinta's representative for 2024, Councilmember McGarrey reported on her participation in the following organizations' meetings: • COACHELLA VALLEY MOUNTAINS CONSERVANCY • IID ENERGY CONSUMERS' ADVISORY COMMITTEE • LEAGUE OF CALIFORNIA CITIES La Quinta's representative for 2024, Mayor Pro Tem Pena reported on his participation in the following organizations' meetings: • CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES • CVAG PUBLIC SAFETY COMMITTEE • CALIFORNIA JOINT POWERS INSURANCE AUTHORITY CITY COUNCIL MINUTES Page 8 of 9 MAY 21, 2024 La Quinta's representative for 2024, Councilmember Sanchez reported on his participation in the following organizations' meetings: • ANIMAL CAMPUS COMMISSION • CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Council repeated their concerns on League of California Cities position on policies; and directed staff to place an item for Council consideration at a future meeting to discuss the value of membership and return on investment; and, requested information on the Contract Cities organization. CLOSED SESSION — Continued 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 9:22 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 10:10 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 54957.1 (Brown Act): • CLOSED SESSION ITEM NO. 1 — no new reportable action on this matter. The authorization to initiate litigation as reported out for Closed Session Item No. 1 from the February 20, 2024 Council meeting, remains in place, and no new action was taken tonight for Closed Session Item No. 1 that requires additional reporting. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Pena/Sanchez to adjourn at 10:11 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 9 of 9 MAY 21, 2024