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2020 05 05 CC MinutesCITY COUNCIL MINUTES Page 1 of 11 MAY 5, 2020 CITY COUNCIL MINUTES TUESDAY, MAY 5, 2020 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:02 p.m. by Mayor Evans. This meeting was held by teleconference pursuant to Executive orders N-25- 20, N-29-20, N-33-20, and N-35-20, executed to by the Governor of California in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions of the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Marketing Manager Graham, Financial Analyst Hallick, Finance Director Romero, Assistant to the City Manager Villalpando, Planning Manager Flores, Community Resources Director Escobedo, Public Works Director/City Engineer McKinney, Riverside County Sherriff’s Department Lieutenant Buompensiero, and Riverside County Sheriff’s Department Captain Reynolds. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Mayor Evans said the following WRITTEN PUBLIC COMMENTS were received as of 3:00 p.m.:  Dori Quill, La Quinta – thanked Council for their leadership and efforts during the COVID-19 pandemic; and reminded that La Quinta Cove residents had signed a petition, previously distributed to Council, requesting that the City consider installing a splash pad; and  Gerald Cantarini, La Quinta, HOA president of the Renaissance development – in support of the requested 60-day extension of Public Hearing Item No. 1 related to the Pavilion Palms project. Staff will continue to monitor emails for additional written comments or requests for verbal comments. CITY COUNCIL MINUTES Page 2 of 11 MAY 5, 2020 CONFIRMATION OF AGENDA City Clerk Radeva said Staff would like to pull Business Session Item No. 2 from the Agenda and bring it back for consideration at a future meeting. City Attorney Ihrke said the City Manager and City Attorney request that the Council consider voting to add an emergency Business Session Item to the Agenda, and take action on the item, pursuant to Government Code Section 54954.2, subdivision (b)(2), of the Ralph M. Brown Act. The additional Business Session Item asks the Council to consider a modified second round loan program and criteria relating to the City’s COVID-19 Small Business Emergency Economic Relief Program. The City Council may add this item to tonight’s meeting Agenda by 4/5 vote pursuant to Government Code Section 54954.2, subdivision (b)(2), because there is a need to take immediate action by the Council that came to the attention of the City Staff subsequent to the Agenda being posted last Thursday, April 30, 2020, based on the following:  Under the City’s COVID-19 Small Business Emergency Economic Relief Program, adopted by Council on April 16, via Emergency Resolution No. EM 2020-005, loan applications for eligible businesses had to be received by the City by close of business day on Thursday, April 30. Staff and the Ad-hoc Committee reviewing the loan applications received, did not commence review of the applications until May 1, after the Agenda was posted; and  Many applications that were received from local businesses revealed that there would be merit for Council to consider modifications to eligibility criteria and an extension of the program to allow a second round of review for loans to local businesses. The Council allocated $1,500,000 from the City’s Economic Disaster Emergency Reserve fund for this program, and there are still funds remaining from the original allocation even with the passing of the April 30 deadline and approvals of some loans; and  Additionally, immediate action by the Council is merited because the statewide and local emergencies relating to COVID-19 remain in effect and, even with limited re-opening of business that may occur later this week, emergency economic relief remains an immediate need to local businesses, including those local businesses that had submitted incomplete applications, which otherwise could be eligible for relief under the City’s program. Procedurally, if the Council wants to add the proposed Business Session Item to tonight’s Agenda, the Council must vote to add the item first, with a minimum 4/5 vote. If the Council votes to approve to add this item, then the Council may also choose the order of consideration for this item, and any of the other items already on the Agenda. The City Manager and City Attorney recommend that, if this item is added, and with the pulling of Business Session Item No. 2 on the Agenda, that Business Item No. 3 on the Agenda be moved CITY COUNCIL MINUTES Page 3 of 11 MAY 5, 2020 up to No. 2, and this Business Session Item related to Round II COVID-19 Small Business Emergency Economic Relief Program be added as No. 3. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to: (A) Find and determine there is a need to add a Business Session Item No. 3 on the Agenda for action by the City Council because an emergency exists as defined in Government Code Section 54956.5(a)(1) in that a crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the City Council and declared on March 17, 2020 by the adoption of Council Resolution EM 2020-001; and this item came to the attention of the City subsequent to the Agenda being posted and there is a need to take immediate action on the item; and (B) Emergency Business Session Item No. 3 is added to the May 5, 2020 Agenda: Approve a modified, Round II COVID-19 Small Business Emergency Economic Relief Program, for La Quinta businesses impacted by novel coronavirus disease. Motion passed unanimously. Mayor Evans said she would like to comment on Consent Calendar Item No. 9. Council concurred. CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957. CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9. NAME OF CASE: CITY OF LA QUINTA V. CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC1803284 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF COMMUNITY RESOURCES, AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES’ ASSOCIATION, AND UNREPRESENTED EMPLOYEES (VARIOUS POSITIONS IN ALL CITY DEPARTMENTS) CITY COUNCIL MINUTES Page 4 of 11 MAY 5, 2020 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:11 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:05 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans reported no actions were taken in Closed Session that require reporting pursuant to Government Code Section 54950 (Brown Act); and Council will reconvene back to Closed Session after the Open Session portion of the meeting. PLEDGE OF ALLEGIANCE Mayor Evans led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA City Clerk Radeva said La Quinta resident Greg Walden has withdrawn his request to provide verbal comments, and no additional requests have been received so far; and WRITTEN PUBLIC COMMENTS were provided by Anthony Amini, Partner/VP Operations with Priority Financial, in opposition of the short- term vacation rental restrictions in place due to COVID-19. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. 2020 CENSUS – RIVERSIDE COUNTY CENSUS OUTREACH UPDATE BY PARTNERSHIP SPECIALIST DUSTIN STRAUCH Partnership Specialist Strauch with Riverside County 2020 Census outreach, gave a brief presentation related to the operations, efforts, and schedule of the 2020 Census; and requested the City’s support and assistance with 1) encouraging the community to participate in virtual Census webinars providing valuable information, and 2) facilitating the efforts to work closely with the local school districts to provide Census mobile assistance locations, which has been currently suspended due to COVID-19, which greatly increases community response. 2. SILVERROCK RESORT PROJECT UPDATE BY ROBERT GREEN WITH SILVERROCK DEVELOPMENT COMPANY President and CEO Robert Green with SilverRock Development Company gave a brief presentation on the progress of the SilverRock Resort Project over the last several months, including design, permitting, plan check, and construction CITY COUNCIL MINUTES Page 5 of 11 MAY 5, 2020 statuses; and potential effects of COVID-19 containment to the project’s anticipated construction and timeline. CONSENT CALENDAR 1. APPROVE EMERGENCY MEETING MINUTES DATED APRIL 16, 2020 2. APPROVE EMERGENCY MEETING MINUTES DATED APRIL 20, 2020 3. APPROVE EMERGENCY MEETING MINUTES DATED APRIL 27, 2020 4. ADOPT EMERGENCY RESOLUTION TO EXTEND THE APPOINTMENT OF MEMBERS REPRESENTING THE CITY ON OUTSIDE AGENCIES’ BOARDS, COMMISSIONS, AND COMMITTEES THROUGH JUNE 30, 2021, DUE TO NOVEL CORONAVIRUS 2019 DISEASE (COVID-19) LOCAL EMERGENCY [EMERGENCY RESOLUTION NO. EM 2020-007] 5. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC TO EXPAND ON-CALL PLANNING SERVICES 6. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ACORN TECHNOLOGIES, INC TO PROVIDE TRAFFIC INFRASTRUCTURE INFORMATION TECHNOLOGY SUPPORT SERVICES 7. APPROVE CHANGE ORDER NO. 4 TO CONTRACT WITH DBX, INC FOR QUANTITY ADJUSTMENT FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM CITYWIDE FIBER OPTIC SIGNAL INTERCONNECT PROJECT NO. 2016-02 8. APPROVE CHANGE ORDER NO. 5 TO CONTRACT WITH URBAN HABITAT FOR THE SILVERROCK PARK VENUE PROJECT NO. 2016-08 FOR ELECTRICAL CONTRACTOR SERVICES TO COMPLY WITH THE LABOR UNION AGREEMENT 9. APPROVE ADJUSTED SPENDING AUTHORITY FOR INFORMATION TECHNOLOGY EQUIPMENT PURCHASES FOR FISCAL YEAR 2019/20 WITH CDWG, NEWEGG, AND DELL 10. APPROVE DEMAND REGISTERS DATED APRIL 10, 17, AND 24, 2020 CITY COUNCIL MINUTES Page 6 of 11 MAY 5, 2020 11. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 29, 2020 12. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2020 CONSENT CALENDAR ITEM NO. 9 Mayor Evans said the additional budget spending authorization for information technology equipment was due to the COVID-19 emergency and the need to provide remote work alternatives for Staff; and thanked the City’s contract vendor, Acorn Technologies and City Staff for their efforts and hard work in getting this accomplished quickly and effectively. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve the Consent Calendar as recommended, with Item No. 4 Emergency Resolution No. 2020-007. Motion passed unanimously. BUSINESS SESSION 1. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2020/21 Marketing Manager Graham presented the staff report, which is on file in the Clerk’s Office; and noted the aggregate fiscal impact of $100,250 listed in the staff report was incorrect as it did not accurately reflect the 5% cost reduction for a total of $95,200 instead, however, the detailed cost listed was correct; and a revised Memorandum of Understanding notating the same fiscal correction, included as Attachment 1 to the staff report, was distributed to Council for review and consideration, made available to the public, and will be included as part of the record. Council discussed the new style and format of The Gem, and perhaps looking into launching a survey to obtain community feedback; there is no cost for the City associated with the Dinner Under the Glow event, as the City is sponsoring it by providing the SilverRock Resort as the venue for the event; Council expressed their gratitude and appreciation for the 5% cost reduction. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve a Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2020/21; and authorize the City Manager to execute the MOU. Motion passed unanimously. CITY COUNCIL MINUTES Page 7 of 11 MAY 5, 2020 2. Item was pulled from the Agenda and was not considered >>> APPROVE TRANSIENT OCCUPANCY TAX GRANT PROGRAM REQUEST FROM LA QUINTA RESORT FOR $150,000 3. 2. Item was renumbered from the Agenda order >>> RECEIVE AND FILE THIRD QUARTER 2019/20 TREASURY REPORTS FOR JANUARY, FEBRUARY, AND MARCH 2020 Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk’s Office. Council discussed the volatility of the market due to COVID-19; the unprecedented liquidity being pumped into the market by the federal government due to COVID-19; and that the City’s investments are secure and within Federal Deposit Insurance Corporation (FDIC) insurance limits, and are available should the City need to access the funds. Council commended Financial Services Analyst Hallick for the clear and concise, as well as very informative presentation on the City’s investments; and for her efforts on the COVID-19 Small Business Emergency Economic Relief Program. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to receive and file the third quarter fiscal year 2019/20 Treasury Reports for January, February and March 2020 as recommended. Motion passed unanimously. 3. Emergency Item added to the Agenda >>> APPROVE MODIFIED ROUND II COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM (PROGRAM) FOR LA QUINTA BUSINESSES IMPACTED BY NOVEL CORONAVIRUS DISEASE Assistant to the City Manager Villalpando presented the staff report, which is on file in the Clerk’s Office; and noted the staff report inaccurately stated that funds were provided on a ‘first-come, first-serve basis’ and all applications were provided equal review time and consideration. Council discussed the importance to stay flexible with the Program; the established scoring system for the Program is reasonable and effective, it allows the Ad-hoc Committee to review and evaluate the applications rapidly, and issue the funds as quickly as possible; the FICO score required to submit with the application does not constitute a hard inquiry on the businesses’ credit history profile as it is provided by the applicant and can be obtained at a minimal cost; a lot of businesses are home-based and should be eligible to apply for the Program; Round II Program will require new application CITY COUNCIL MINUTES Page 8 of 11 MAY 5, 2020 submittals during the open-application period (May 11-20); and ability to launch Round II sooner than May 11, 2020. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve a modified, Round II COVID-19 Small Business Emergency Economic Relief Program for La Quinta businesses impacted by novel coronavirus disease. Motion passed unanimously. PUBLIC HEARINGS (After 5:00 p.m.) – taken out of Agenda order 1. Continued from March 3, 2020 >>> CONSIDER REQUEST FOR CONTINUANCE OF THE PUBLIC HEARING FOR A PROPOSED APPROXIMATE 120,000 SQUARE-FOOT SHOPPING CENTER WITH FOUR DRIVE-THROUGHS AND A 63,000 SQUARE-FOOT SUPERMARKET WITH ASSOCIATED VEHICLE FUEL CENTER; ENVIRONMENTAL ASSESSMENT 2017-0006, SPECIFIC PLAN 2017-0002 AMENDMENT NO. 2, TENTATIVE PARCEL MAP 2017- 0003, AND SITE DEVELOPMENT PERMIT 2017-0009 CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS PREPARED A MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET; PROJECT: PAVILION PALMS SHOPPING CENTER Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed the ability to continue the item to a date certain. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:27 P.M. PUBLIC SPEAKER: Jim O’Brien, La Quinta – said he is in support of the proposed 60-day continuance and requested that the project does not include a gas station, no fast-food restaurants, and that all empty pads are landscaped from the beginning. Mayor Evans said WRITTEN PUBLIC COMMENTS were provided by Gerald Cantarini, La Quinta, HOA president of the Renaissance development – in support of the requested 60-day extension of Public Hearing Item No. 1 related to the Pavilion Palms project. City Clerk Radeva said one additional WRITTEN PUBLIC COMMENT was received by Richard Colliver, La Quinta – in opposition of the Pavilion Palms project. CITY COUNCIL MINUTES Page 9 of 11 MAY 5, 2020 PUBLIC SPEAKER: Greg Beaver, Applicant with Lundin Development Company – said revised plans based on Council’s comments are underway, and continuing the project to July 7, 2020, would allow sufficient time to prepare a revised submittal. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:36 P.M. Council discussed the feasibility to continue this project to September instead of July; the applicant’s ability to submit alternative project design based on the direction provided during prior public hearings; and the community has had ample opportunity to provide comments as the project has been considered during several public hearings for the last couple years, and these comments are part of the project file. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to continue the Public Hearing to consider the Pavilion Palms project to July 7, 2020, to allow the applicant time to prepare a revised application package to bring back for review and consideration. Motion passed unanimously. STUDY SESSION – taken out of Agenda order 1. DISCUSS NOVEL CORONAVIRUS DISEASE (COVID-19) OPERATIONAL IMPACTS, CONTINUITY OF CITY OPERATIONS, COMMUNITY AND BUSINESS RESOURCES City Manager McMillen, Marketing Manager Graham, Community Resources Director Escobedo, and Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office City Manager McMillen clarified the correct phone numbers the community can call to report different types of activities and to seek information; provided an overview of the amendments to the City’s Executive Orders; and the City’s ongoing efforts to provide services to the community to assist residents in need and to reopen the economy in a safe manner following the state and county health and safety directives and recommendations. General discussion followed regarding the COVID-19 information available on the City’s microsite; public education and community compliance efforts; food distribution and essential worker childcare services; homeless services; re- opening of recreational facilities; City Hall safety measure facilities upgrades; and capital improvements projects status update. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:19 P.M. CITY COUNCIL MINUTES Page 10 of 11 MAY 5, 2020 MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:30 P.M. WITH ALL MEMBERS PRESENT 2. DISCUSS FISCAL YEAR 2020/21 PRELIMINARY PROPOSED BUDGET Finance Director Romero, Community Resources Director Escobedo, Riverside County Sherriff’s Department Lieutenant Buompensiero, and Riverside County Sheriff’s Department Captain Reynolds presented the staff report, which is on file in the Clerk’s Office Council discussed potential eligible COVID-19 reimbursements under the Federal Emergency Management Assistance program were not included in the preliminary proposed budget; Riverside County Supervisor Perez noted, during a meeting held last week, that cities would not eligible for any of the $436 million federal assistance funding the state will be receiving; reasons for projected increases in police costs, including increased pension obligations, workers’ compensation costs, and renewed employee association agreements; recommended police services reductions to realize savings and offset the cost increase, including reducing the daily patrol hours from 135 to 130 and removing a traffic position, which would have the least impact on the level of service provided for the community; anticipated additional demands of police services directly related to COVID-19; and change of service model the Sheriff’s Department is testing that could realize efficiencies and additional cost savings; and the importance to be able to clearly communicate to the community the level of services being offered. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Fitzpatrick said she would like to see the La Quinta Art Celebration present a report-out of the event before Council and provide a direction for the future. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organization’s meeting:  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 7:36 P.M. CITY COUNCIL MINUTES Page 11 of 11 MAY 5, 2020 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:44 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): 1. CLOSED SESSION ITEM NO. 1 – the City Council discussed the threat to public services and closure of facilities caused by the threat of the spread of novel coronavirus disease 2019 (COVID-19), and the proclaimed local and statewide public health emergencies; and took the following actions:  MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Round I COVID-19 Small Business Emergency Economic Relief Program recipients, whose business names and amounts awarded will be posted on the City’s website on May 6, 2020, after all applicants have been notified of the final decision. Motion passed unanimously. 2. CLOSED SESSION ITEM NO. 2 – no reportable action. 3. CLOSED SESSION ITEM NO. 3 – no reportable action. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 8:46 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California