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2020 05 19 CC MinutesCITY COUNCIL MINUTES Page 1 of 16 MAY 19, 2020 CITY COUNCIL MINUTES TUESDAY, MAY 19, 2020 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:01 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 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, Finance Director Romero, Assistant to the City Manager Villalpando, Community Resources Director Escobedo, Design and Development Director Castro, and Riverside County Sherriff’s Department Lieutenant Buompensiero. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Mayor Evans requested to add the following two items under Announcements, Presentations, and Written Communications section of the Agenda:  Proclamation declaring May 2020 as Mental Health Month; and  Certificate of Appreciation in honor of Coachella Valley Agricultural Week and Farmworker Appreciation. 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 CITY COUNCIL MINUTES Page 2 of 16 MAY 19, 2020 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) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:05 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:06 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke said the City Council considered the Closed Session items out of Agenda order and reported the following pursuant to Government Code Section 54950 et seq. (Brown Act):  CLOSED SESSION ITEM NO. 3 – the City Negotiator provided the City Council with an update on labor negotiations, and pursuant to Government Code Section 54957.1, subdivision (a)(6), negotiations between the City and the La Quinta City Employee’s Association have concluded, and the proposed Side Letter Agreement resulting from the negotiations is on the Agenda tonight as Business Session Item No. 1 for review and consideration; and  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 received an update on Round II COVID-19 Small Business Emergency Economic Relief Program (Program), previously authorized by the City Council on May 5, 2020, consisting of the Ad-hoc Committee’s recommendations on the applicants who would be awarded loans under the Program. CITY COUNCIL MINUTES Page 3 of 16 MAY 19, 2020 MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve the recommended 18 applications to be awarded, for an approximate aggregate loan amount of $118,000 dollars; and the final Program recipients list will be posted on the City’s website by tomorrow afternoon, after Staff notifies all applicants of the results. Motion passed unanimously. Council will continue discussion of Closed Session Item No. 1 after the open portion of the meeting; and  CLOSED SESSION ITEM NO. 2 – has not yet been considered. PLEDGE OF ALLEGIANCE Mayor Evans led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Mayor Evans said WRITTEN PUBLIC COMMENTS were provided by the individuals listed below, in alphabetical order, which were distributed to Council, and incorporated into the agenda packet and public record of the meeting:  Brad Anderson, Rancho Mirage – related to Council’s directions to the City Manager regarding the City’s Executive Orders associated with COVID-19 pandemic;  Lenard Dobrowolski, La Quinta – in opposition of the current short-term vacation rental (STVR) restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider;  Kimberly Estrada, La Quinta – in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider Sean Parham, La Quinta – in opposition of the COVID-19 STVR restrictions;  Kristen Perry and Gayle Lev, La Quinta – in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider Sean Parham, La Quinta – in opposition of the COVID-19 STVR restrictions; and  David Vazquez, La Quinta – in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider Sean Parham, La Quinta – in opposition of the COVID-19 STVR restrictions. CITY COUNCIL MINUTES Page 4 of 16 MAY 19, 2020 PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – said he is no longer with the Coachella Valley Mosquito and Vector Control District; and urged residents to discard any standing water they might have to help mitigate the spread of mosquitos in the Coachella Valley. PUBLIC SPEAKER: Ryan Smith, La Quinta – thanked the Council for the opportunity to speak and for the work they do to represent and support the community; noted a lot has changed since the “stay-at-home” order was rightfully put in place, and it’s time to start rebuilding the economy and restoring freedoms that were temporarily forfeited for the benefit of all; and spoke in opposition of the City’s Executive Order No. 7 imposing STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider. PUBLIC SPEAKER: Kathy Marsh, La Quinta – spoke in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider. PUBLIC SPEAKER: Mark Colella, La Quinta – spoke in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider. PUBLIC SPEAKER: Dale Tyerman, La Quinta – expressed his appreciation and respect to the City Council, City Attorney, and City Staff for their leadership, dedication, hard work, and compassion during the COVID-19 pandemic, as well as to the front-line workers, healthcare providers, Sheriff’s and Fire Departments, and everyone else working tirelessly to keep the City working and safe; noted he is confident that the leadership guiding the community through this pandemic will also lead us out of it, and La Quinta will continue to be the Gem of the Desert; expressed concerns about the lack of landscape maintenance along Avenue 60 by the Sunrise Company; noted the landscaping was to be completed by March 2020, was extended until April 2020, and now the Sunrise Company is requesting additional extension; the residents at Trilogy have circulated a petition and are requesting that the work be completed no later than June 2020; and requested the City’s support in ensuring that it is completed. PUBLIC SPEAKER: Karen Parnell, La Quinta – spoke in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider. PUBLIC SPEAKER: Nadia de Winter, La Quinta – spoke in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider. CITY COUNCIL MINUTES Page 5 of 16 MAY 19, 2020 PUBLIC SPEAKER: David Dinnel, La Quinta – spoke in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider. PUBLIC SPEAKER: Terry Osborn, La Quinta – spoke in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider. Mayor Evans and City Attorney Ihrke explained the City is subject to the California Governor’s Executive Orders, which currently prohibit STVR for leisure travel, and have instructed the California State Department of Public Health (DPH) to provide guidance on re-opening industries based on assessed risk; DPH has identified a total of four (4) stages of phased-in gradual re- opening, and currently implementing stage two; and Riverside County Board of Supervisors’ recent action to rescind the County’s STVR restrictions means that the County is now defaulting to the State’s restrictions in place, and not that STVR restrictions have been entirely lifted. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – two items were added during Confirmation of Agenda 1. Item added >>> PROCLAMATION DECLARING MAY 2020 AS MENTAL HEALTH MONTH Mayor Evans said this disease is real and very serious; a lot of people suffer from emotional distress and mental health disorders; COVID-19 has imposed barriers to reach out to those in need, and it is important that we work together and are proactive in providing much needed assistance. 2. Item added >>> CERTIFICATE OF APPRECIATION IN HONOR OF COACHELLA VALLEY AGRICULTURAL WEEK AND FARMWORKER APPRECIATION Mayor Evans said May 18-22 is AG Week and Farmworkers Appreciation Week and the Coachella Valley Spring Harvest Celebration is honoring this vital industry to our economy and showing their appreciation. CONSENT CALENDAR 1. APPROVE MEETING MINUTES OF APRIL 21, 2020 2. APPROVE SPECIAL MEETING MINUTES OF MAY 11, 2020 CITY COUNCIL MINUTES Page 6 of 16 MAY 19, 2020 3. ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 3, 2020, AND (B) REQUESTING RIVERSIDE COUNTY CONSOLIDATE THE NOVEMBER 3, 2020, MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION [RESOLUTION NOs. 2020-010 AND 2020-011] 4. ACCEPT FISCAL YEAR 2019/20 PAVEMENT MANAGEMENT PLAN SLURRY SEAL IMPROVEMENTS PROJECT LOCATED ON AVENUE 54, MADISON STREET, AVENUE 58, AND CALLE TECATE (PROJECT NO. 2019-10) 5. ACCEPT THE COVE PUBLIC RESTROOM AND TRAILHEAD PROJECT NO. 2018-01 LOCATED ON THE SOUTH SIDE OF CALLE TECATE, ADJACENT TO COVE PARKING LOT, AND CALLE TECATE PARKING LOT IMPROVEMENTS PROJECT NO. 2019-13, LOCATED BETWEEN AVENIDA MADERO AND AVENIDA JUAREZ 6. APPROVE PURCHASE OF COMPACT TRACK LOADER AND ATTACHMENTS FROM QUINN CAT AND HYDRO/AIR VACUUM EXCAVATOR FROM RDO EQUIPMENT FOR STORM DRAIN MAINTENANCE, AND ASSOCIATED BUDGET ADJUSTMENTS 7. APPROVE CHANGE ORDER NO. 1 TO CONTRACT WITH VINTAGE ASSOCIATES, INC FOR A ONE-YEAR EXTENSION FOR PARK LANDSCAPE MAINTENANCE SERVICES (PROJECT NO. 2018-32) 8. APPROVE CHANGE ORDER NO. 1 TO CONTRACT WITH CREATIVE LIGHTING, INC FOR A ONE-YEAR EXTENSION FOR LIGHTING MAINTENANCE SERVICES OF LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PROJECT NO. 2018-31) 9. APPROVE CHANGE ORDER NO. 2 TO CONTRACT WITH PWLC II, INC FOR A ONE-YEAR EXTENSION TO PROVIDE CITYWIDE LANDSCAPE MAINTENANCE SERVICES (PROJECT NO. 2018-30) 10. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH MERCHANTS BUILDING MAINTENANCE, LLC FOR JANITORIAL SERVICES 11. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH SOUTHSTAR ENGINEERING AND CONSULTING, INC TO PROVIDE CONSTRUCTION MANAGEMENT AND CITY COUNCIL MINUTES Page 7 of 16 MAY 19, 2020 INSPECTION SERVICES FOR THE LA QUINTA VILLAGE COMPLETE STREETS PROJECT NO. 2015-03 / 151603) 12. APPROPRIATE FUNDING AND APPROVE CHANGE ORDER NO. 6 TO CONTRACT WITH URBAN HABITAT FOR THE SILVERROCK PARK VENUE PROJECT (NO. 2016-08) FOR STORM DAMAGE REPAIR AND MISCELLANEOUS ADDITIONAL WORK REQUESTS 13. APPROVE DEMAND REGISTERS DATED MAY 1 AND 8, 2020 MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 5 adopting Resolution Nos. 2020-010 and 2020-011. Motion passed unanimously. BUSINESS SESSION 1. ADOPT RESOLUTION TO APPROVE SIDE LETTER AGREEMENT FOR FISCAL YEAR 2020/21 WITH LA QUINTA CITY EMPLOYEE ASSOCIATION IMPLEMENTING SALARY AND BENEFIT PLAN FREEZE FOR REPRESENTED EMPLOYEES [RESOLUTION NO. 2020-012] Community Resources Director Escobedo presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Resolution No. 2020-012 to approve a Side Letter Agreement with the La Quinta City Employee Association for fiscal year 2020/21 to implement a salary and benefit plan freeze; and authorize the City Manager to execute the agreement: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT FOR FISCAL YEAR 2020/21 WITH THE LA QUINTA CITY EMPLOYEE ASSOCIATION IMPLEMENTING A SALARY AND BENEFIT PLAN FREEZE Motion passed unanimously. Council thanked City Staff for their consent and cooperation during these trying times due to COVID-19. 2. ADOPT RESOLUTION TO APPROVE IMPLEMENTATION OF SALARY AND BENEFIT PLAN FREEZE FOR FISCAL YEAR 2020/21 FOR NON-REPRESENTED MANAGEMENT, CONTRACT, AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2020-013] CITY COUNCIL MINUTES Page 8 of 16 MAY 19, 2020 Community Resources Director Escobedo presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2020-013 approving the implementation of a salary and benefit plan freeze for fiscal year 2020/21 for non-represented management, contract, and confidential employees: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, IMPLEMENTING A SALARY AND BENEFIT PLAN FREEZE FOR NON-REPRESENTED MANAGEMENT, CONTRACT, AND CONFIDENTIAL EMPLOYEES, COMMENCING ON JULY 1, 2020, AND ENDING JUNE 30, 2021 Motion passed unanimously. 3. INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE, AND APPROVE THE CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION’S 2020 LOCAL AGENCY BIENNIAL NOTICE [ORDINANCE NO. 585] City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to take up Ordinance No. 585 by title and number only and waive further reading. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 585 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to introduce at first reading Ordinance No. 585 as recommended. Motion passed unanimously. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve and accept the California Fair Political Practices Commission’s 2020 Local Agency Biennial Notice. Motion passed unanimously. CITY COUNCIL MINUTES Page 9 of 16 MAY 19, 2020 STUDY SESSION 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, Design and Development Director Castro, and Assistant to the City Manager Villalpando presented the staff report, which is on file in the Clerk’s Office. City Manager McMillen provided an overview of the most recent substantive amendments to the City’s Executive Order Nos. 3, 4, 5, 7, and 8, modifying restrictions related to SilverRock Resort golf, all golf, outdoor recreation at parks, trails, and recreational courts, STVR, and face coverings and social distancing requirements, respectively. PUBLIC SPEAKER: Scott White, President and CEO with the Greater Palm Springs Convention and Visitors Bureau (CVB) – provided an overview of the regional hospitality efforts and strategies going forward within California and the Coachella Valley, including STVR; said California Travel Association and Visit California have been advocating to the Governor of California recommendations on a safe and gradual reopening of hotels and STVR; Riverside County is trying to get a variance to re-open ahead of the state and is working on meeting the established criteria, one of which is for the percentage of COVID-19 positive cases of those tested to be less than 8%; it is unclear if hotels and STVR will be a part of the County’s possible re-opening; the CalTravel Task Force has created a responsible lodging recommendations document to be forwarded to the state, and will be shared with the County and Coachella Valley cities, advocating for the re-opening of hotels and STVR at 50% occupancy effective June 1, by implementing a 3-night minimum and a 72-hour gap between reservations for STVR, which can be amended as the COVID-19 metrics improve; this document is also focused specifically on the tourism nuances in the Coachella Valley; explained the CVB’s Tourism Pledge campaign inviting local businesses to take the pledge and commit to the safety of guests and employees, and allows businesses to share the specific steps they are taking to enhance safety; and other local, regional, and county efforts to support the business community. General discussion followed regarding the City’s COVID-19 marketing outreach efforts, including digital billboards, radio campaign, digital ads, press releases, and social media; participation in the county’s Great Plates Delivered: Home Meals for Seniors program for individuals at high risk due to CITY COUNCIL MINUTES Page 10 of 16 MAY 19, 2020 COVID-19; Code Compliance ongoing public education and compliance efforts; food distribution community efforts and operations; digital and appointment service delivery alternatives for community programs and services; City Hall safety preparedness, including installation of glass partitions, drafting a re- opening action plan, and online services; evaluating a one-year al fresco dining program for restaurants by activating immediately adjacent outdoor spaces, through pop-up structures and features, to expand their dining areas and comply with social distancing requirements, related permitting process, and the Alcohol and Beverage Control’s (ABC) temporary catering application allowing restaurants to expand their outdoor capacity for serving alcohol beverages as well; potential Round III for the City’s COVID-19 Small Business Emergency Economic Relief Program to provide reimbursement options for improvement expenses related to meeting health and safety requirements due to COVID-19; explore al fresco shopping options; and reopening City facilities, such as City Hall to the public is within the City’s authority. Staff provided an update on the City’s Round II COVID-19 Small Business Emergency Economic Relief Program; in total 39 applications were received, 24 were deemed eligible based on the established qualifying criteria, 15 did not include all of the requested information; and 18 of the 24 were approved by Council to move forward for fund distribution. Further discussion followed regarding the City’s promotion of county programs to provide business opportunities for local businesses, such as the Great Plates Delivered program; businesses’ concerns about getting “COVID-19 ready” to re-open; challenges with meeting new recycling mandates and compliance; applicable county health regulations for outdoor dining; and need to collaborate with utility providers to ensure that utility costs are commensurate with businesses’ allowed re-opening capacities under COVID-19. Council discussed the balancing of the ‘grey area’ of interpretation of the state’s restrictions and easing into the allowances while ensuring compliance; potential consequences of re-opening businesses that the state has explicitly restricted; considering rescinding or amending the City’s Executive Order related to STVR in the City to align it with the state’s restriction, similar to the county’s actions; the intent of the state’s travel ban is to discourage folks from traveling from one area to another, which could increase the spread of COVID- 19; and the public comments received during tonight’s meeting are requesting that the City allow leisure travel, which is not within City authority in light of the existing state restrictions in place. CITY COUNCIL MINUTES Page 11 of 16 MAY 19, 2020 PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER: Jelena Tamm, La Quinta – spoke in opposition of the current STVR restrictions due to COVID-19, provided arguments in support of lifting the restrictions, and urged the Council to reconsider. PUBLIC SPEAKER: Maverick Cissell, La Quinta – thanked Council for the opportunity to speak; said he is a fire fighter and has been on the front lines during the COVID-19 pandemic; spoke in opposition of the current STVR restrictions due to COVID-19; and provided arguments in support of lifting the restrictions. Council expressed their gratitude for the services provided by essential workers and front-line personnel during this pandemic. Council expressed general support of the CVB’s proposed Travel Pledge. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:15 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 7:29 P.M. WITH ALL MEMBERS PRESENT 2. DISCUSS FISCAL YEAR 2020/21 PRELIMINARY PROPOSED BUDGET Finance Director Romero presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Randy Duncan, General Manager/Director of Golf with Landmark Golf Management – provided a brief overview of the SilverRock Resort golf operations; and answered Council’s questions regarding the anticipated sales for resident golf cards, health and safety measures in place due to COVID-19, food and beverage operations, golfers are able to drive in with their golf carts, but not use them on the golf course; and future advertising and marketing efforts to keep the community informed of what is to come at the SilverRock Resort and possible group plays. Council expressed their gratitude to the Financial Advisory Commission (FAC) and Staff for their dedication and commitment in providing vital oversight and reliable fiscal recommendations to ensure the City’s long-standing fiscal stability and sound reserves. Council discussed the Federal Emergency Management Assistance (FEMA) request for proposals and potential costs the City might be eligible to receive CITY COUNCIL MINUTES Page 12 of 16 MAY 19, 2020 reimbursement due to COVID-19; the FAC’s future role in working with Staff in the preparation of the City’s five-year capital improvement program; and involving the FAC in reviewing the regional police services study prepared by Matrix Consulting Group. Council directed Staff to form Ad-hoc Subcommittees and request participation of two members of the FAC on each one, to review the regional police services and fire services studies, and provide recommendations to Council. Council discussed potential delays or reductions of City revenues from the state of California. PUBLIC HEARINGS – After 5:00 P.M. 1. ADOPT RESOLUTION TO APPROVE ISSUANCE OF TAX-EXEMPT REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY, FOR THE BENEFIT OF A LIMITED PARTNERSHIP TO BE CREATED BY LINC HOUSING CORPORATION, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15 MILLION, TO FINANCE AND REFINANCE A 118-UNIT RENTAL HOUSING FACILITY FOR LOW-INCOME SENIORS; PROJECT: SEASONS AT MIRAFLORES; LOCATION: NORTHWEST CORNER OF AVENUE 48 AND JEFFERSON STREET [RESOLUTION NO. 2020-014] Management Specialist Kinley presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Cecilia Ngo, Senior Project Manager with LINC Housing (LINC) – gave a brief presentation of the project, and LINC’s history, experience, and qualifications. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 8:20 P.M. PUBLIC SPEAKER – None. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:21 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2020-014 to approve the issuance of tax-exempt revenue bonds by the California Municipal Finance Authority for the benefit of LINC Housing Corporation, on behalf of a limited partnership or another entity to be created by LINC Housing Corporation, or an affiliate thereof, in an aggregate principal amount not to exceed $15 million dollars, to provide for CITY COUNCIL MINUTES Page 13 of 16 MAY 19, 2020 the financing of the Seasons at Miraflores low-income senior housing facility consisting of 118 rental units, and certain other matters relating thereto; and authorize the City Manager to execute all documents necessary to carry out the financing transaction: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF A LIMITED PARTNERSHIP TO BE CREATED BY LINC HOUSING CORPORATION, OR AN AFFILIATE THEREOF, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15 MILLION DOLLARS, TO FINANCE AND REFINANCE A 118-UNIT RENTAL HOUSING FACILITY FOR LOW-INCOME SENIORS, AND CERTAIN OTHER MATTERS RELATING THERETO Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS – None REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organizations’ meetings:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION  CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2020, Councilmember Peña reported on his participation in the following organization’s meeting:  CVAG PUBLIC SAFETY COMMITTEE La Quinta’s representative for 2020, Councilmember Radi reported on his participation in the following organizations meetings:  CVAG TRANSPORTATION COMMITTEE  SUNLINE TRANSIT AGENCY La Quinta’s representative for 2020, Councilmember Sanchez reported on his participation in the following organizations meeting: CITY COUNCIL MINUTES Page 14 of 16 MAY 19, 2020  ANIMAL CAMPUS COMMISSION  GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE  LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE  RIVERSIDE LOCAL AGENCY FORMATION COMMISSION COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AT 8:33 P.M. TO CONDUCT A HOUSING AUTHORITY SPECIAL MEETING MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:54 P.M. WITH ALL MEMBERS PRESENT COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 8:54 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 10:23 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke said the City Council continued consideration of the remaining Closed Session items and reported the following pursuant to Government Code Section 54950 et seq. (Brown Act):  CLOSED SESSION ITEM NO. 1 Continued – 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 took the following actions: MOTION – A motion was made and seconded by Councilmembers Radi/Peña to direct the City Manager to amend Executive Order No. 7 related to STVR to remove the preapproval process, to keep in place the fines and penalty provisions in place, and to align the restrictions to conform to California State and State Department of Public Health requirements for re-opening and operating STVR. Motion passed unanimously. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to direct the City Manager to amend Executive Order Nos. 2 and 5 to re-open use of playground equipment and restrooms, upon readiness, as it can be accomplished by the City by having the amenities cleaned; and to ensure the Executive Orders strongly recommend that once these facilities are re-opened, people using them follow federal and state guidelines for hand washing, social distancing CITY COUNCIL MINUTES Page 15 of 16 MAY 19, 2020 and other relevant hygiene practices, in order to limit the spread of COVID-19. Motion passed unanimously. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to express Council’s support of the “Safer Together. Greater Together.” Tourism Pledge as drafted and developed by the Greater Palm Springs Convention and Visitors Bureau, and to proceed accordingly. Motion passed unanimously.  CLOSED SESSION ITEM NO. 2 – pursuant to Government Code Section 54957.1, subdivision (a)(3), the City Council received and reviewed a copy of a settlement agreement from the defendant, Chin Family Properties Limited Partnership (Defendant), the substance of which involves the settlement of the pending eminent domain case and acquisition of real property for right of way, preservation of housing stock, and other public purposes. The Substance of the settlement agreement is summarized as follows:  The pending roadway right-of-way and bridge project right-of-way properties would be acquired by the City along with the remainder of the real property (land and amenities) owned by the Defendant at 46400 Dune Palms Road, commonly known as the Dune Palms Mobile Home Park; and  Except for the right-of-way portions of the real property, there would be no change in use, no relocation of mobile home park residents, and no other modifications to existing tenants’ leaseholds interests by entering into this agreement; and  Public purposes for acquisition of mobile home park include meeting current and projected Regional Housing Needs Assessment (RHNA) numbers, preserving and promoting affordable housing, and facilitating Senate Bill 330 (2019) compliance; and  All-inclusive purchase price for the real property is $6,125,000 to be acquired by use of restricted affordable housing funds; and  Part of the purchase price would be deposited into the state- administered condemnation fund and would be used to acquire the right-of-way, even if escrow does not close for the mobile home park; and  Acquisition of all real property would be through an independent escrow, with a due diligence period of 180 days, following the opening of escrow, which would allow for environmental inspection and other inspections; and  City has sole discretion to approve the inspections and accept any conditions on title; and CITY COUNCIL MINUTES Page 16 of 16 MAY 19, 2020  Multiple representations and warranties for the City’s benefit are provided by the Defendant concerning the condition of the real property, as the property will be accepted “as-is” except as provided in the agreement; and  If the City does not acquire the entire real property for the mobile home park, the agreement allows the eminent domain action to proceed for final roadway and bridge project right-of-way acquisition. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve and execute the settlement agreement subject to non-substantive corrections for signature blocks for Defendant, and other non-substantive corrections for insertions to exhibits. Motion passed unanimously. If and when the settlement agreement is completely signed and final, upon inquiry of any person, the terms and conditions of the agreement are subject to disclosure and would be available for inspection as a public record. Council encouraged businesses to partake in the CVB’s Tourism Pledge. Council noted that the public comments received from the residents do not fall on deaf ears, and Council is here to serve the community, and do what is in the best interest and safest for the entire community. Council noted Memorial Day is coming up, and the community will honor those we’ve lost over the years that have served our country and have allowed us to live in the freedoms that we are trying to get more of during this pandemic. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 10:34 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California