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2020 07 07 CC MinutesCITY COUNCIL MINUTES Page 1 of 12 JULY 7, 2020 CITY COUNCIL MINUTES TUESDAY, JULY 7, 2020 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. This meeting provided teleconference accessibility 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, Deputy City Clerk Romane, Executive Assistant Wise-Latta, Administrative Assistant Ortiz, Design and Development Director Castro, Marketing Manager Graham, Finance Director Romero, Management Specialist Kinley, Riverside County Sherriff’s Department Lieutenant Fredericks, Riverside County Sherriff’s Department Captain Reynolds, and Riverside County Fire Department Fire Chief Fish. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke in opposition of Council’s deliberations related to Closed Session Item No. 1 on the Agenda relating to the threat to public services or facilities, and requested detailed minutes be kept of closed session deliberations. City Attorney Ihrke said pursuant to the Ralph M. Brown Act (Government Code §54950 et seq.) minutes for closed session deliberations are not required, and if minutes were kept, they would be exempt from disclosure. CITY COUNCIL MINUTES Page 2 of 12 JULY 7, 2020 CONFIRMATION OF AGENDA City Clerk Radeva said Greg Beaver, Applicant with Lundin Development Company requested that Council continue Public Hearing Item No. 1 related to the Pavilion Palms Shopping Center. 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 – 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) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:06 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: City Attorney Ihrke reported the following pursuant to Government Code §54950 et seq. (Brown Act).  CLOSED SESSION ITEM NO. 1 – The City Council continued the discussion of the status of state and local emergencies caused by the threat of the spread of novel coronavirus disease 2019 (COVID-19) including state and county orders that re-imposed limitations on certain industries; and the potential for Round IV COVID-19 Small Business Emergency Economic Relief Program, which Council will consider as Business Session Item No. 2 on tonight’s Agenda.  CLOSED SESSION ITEM NO. 2 – At its closed session discussion at the September 17, 2019 meeting, the City Council authorized the City Manager, City Staff, and City Attorney to complete negotiations and, if successful, enter into a proposed settlement agreement with the Codorniz Maintenance Association to resolve unpaid mitigation fees owed to the City pursuant to a condition of approval and Declaration of Covenants, CITY COUNCIL MINUTES Page 3 of 12 JULY 7, 2020 Conditions, Restrictions, and Reservation of Easements applicable to the development; on November 21, 2019 the Maintenance Association signed the proposed agreement. The Substance of the settlement agreement is summarized as follows:  A lump-sum back payment totaling $149,588.97 for unpaid years 2012-2018 will be remitted to the City; and  Consumer Price Index (CPI) adjustments starting with 2018 would be based on the Riverside-San Bernardino-Ontario CPI, which did not exist at the time of the original condition of approval; and  The invoicing and payment process is clarified, such that the City would calculate the fee and submit and invoice by March 1, and the Maintenance Association would pay the fee by March 30 every year. The settlement agreement required the Maintenance Association to obtain member approval of a proposed First Amendment to Declaration of Covenants, Conditions, Restrictions, and Reservation of Easements to implement the settlement agreement’s terms; after the Maintenance Association member voting period had been extended several times, the Maintenance Association notified City staff that the members voted and approved the amendment; and pursuant to the settlement agreement, and by unanimous consent of the City Council, a resolution approving modifications to Codorniz maintenance association fee and First Amendment to Declaration of Covenants, Conditions, Restrictions, and Reservation of Easements will be brought back before the City Council at its next regular meeting for adoption. PLEDGE OF ALLEGIANCE City Attorney Ihrke led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Maria Puente, La Quinta – spoke in opposition of short- term vacation rentals (STVR) being allowed in the City; said STVR are disruptive to full-time residents; and expressed concerns about her safety, and the effectiveness of the STVR compliance processes and responses to complaints. Council said the City formed a STVR Program Ad-Hoc Committee to review the STVR program and make recommendations to Council on how it can be improved; it is a priority to find a balance and provide quality of life for full- time residents and to effectively manage STVR compliance; and requested that Ms. Puente’s written comments be provided to the Committee. CITY COUNCIL MINUTES Page 4 of 12 JULY 7, 2020 PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Mishael Patton, La Quinta – spoke about alternative policing methods and programs, such as crisis response teams, implemented by the City of Sunnyvale, California and City of Eugene, Oregon, and associated social benefits for the community and lower service costs; noted other cities such as Denver, Colorado, Dallas, Texas, and Olympia, Washington are developing similar programs as well; and suggested that La Quinta explore these options. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Kytti St. Amand, Indio – spoke about the excessive use of illegal fireworks leading up to and on July 4th Independence Day holiday; suggested Council consider a hotline for firework complaints, drone surveillance, heavily broadcast that the use of illegal fireworks are prohibited and will be enforced; and encouraged collaboration with sister cities to prohibit all fireworks. Mayor Evans said the Riverside County Sheriff’s Department Captain Reynolds and Lieutenant Fredricks would be providing an update on the firework activities from July 4th; emphasized that fireworks are prohibited in La Quinta; and thanked Ms. St. Amand for her suggestions. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke about the high volume of fireworks leading up to and on July 4th; the closure of the CVMVCD for a period of time due to COVID-19 and the effects such cease of operations has on mosquito regulation; and recommended members of the public attend the next CVMVCD Board meeting to stay informed on potential increase of benefit assessment taxes. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Philip Bettencourt, La Quinta – spoke about the Coachella Valley mulch fire in Thermal; concerns with the number of staff members and supervision in the area that the fire took place; environmental concerns for members of the public; and increase communications with public safety to lower the risks of these similar occurrences going forward. Council discussed the Riverside County Fire Departments presentation on illegal dumping at the last Coachella Valley Association of Governments Public Safety Meeting; and possible prosecution of those responsible for the mulch fire. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. “HIKES FOR HOPE” CERTIFICATES OF RECOGNITION COMMENDING THE DEDICATION AND COMMITMENT OF CITY COUNCIL MINUTES Page 5 of 12 JULY 7, 2020 JACKSON KULEVICH, ALEXANDRA KULEVICH, AND CAROLINE KULEVICH TO THE LA QUINTA COMMUNITY TO PROMOTE HEALTH AND FITNESS, AND RAISE FUNDS FOR CHARITIES DURING THE COVID-19 PANDEMIC Mayor Evans and Councilmembers presented Certificates of Recognition to La Quinta residents Jackson Kulevich, Alexandra Kulevich, and Caroline Kulevich for their dedication and commitment to the La Quinta community by promoting health and fitness, and for raising funds for medical facilities and charities during the COVID-19 pandemic. 2. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (CVMVCD) PRESENTATION ON MOSQUITO TREATMENTS IN LA QUINTA BY PUBLIC INFORMATION OFFICER TAMMY GORDON Public Information Officer Tammy Gordon with the CVMVCD gave a presentation on the number of mosquitos in the area; mosquito-borne viruses; summer treatment plan for La Quinta; and preventative measures for residents. Council discussed the life span of mosquitos; the CVMVCD’s access to gated communities; mosquito treatment type and operation hours that will be used for the summer application; and importance to educate and provide information to the community on best practices for mosquito spread mitigation measures. 3. 2019 INDIAN WELLS LA QUINTA IRONMAN 70.3 TRIATHLON ECONOMIC IMPACT SUMMARY PRESENTATION BY PRESIDENT/CEO SCOTT WHITE AND CHIEF SALES/MARKETING OFFICER COLLEEN PACE WITH THE GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (CVB); AND 2020 INDIAN WELLS LA QUINTA IRONMAN 70.3 TRIATHLON NEW SAFETY RACING GUIDELINES DUE TO COVID-19 PRESENTATION BY SENIOR REGIONAL DIRECTOR PAUL HUDDLE AND RACE DIRECTOR SABRINA HOUSTON WITH IRONMAN President/CEO Scott White with the CVB gave a presentation on the marketing and advertising efforts and platforms used to promote the 2019 Indian Wells La Quinta Ironman 70.3 Triathlon and related economic impacts on the Coachella Valley. CITY COUNCIL MINUTES Page 6 of 12 JULY 7, 2020 Senior Regional Director Paul Huddle and Race Director Sabrina Houston with Ironman presented the new COVID-19 safety racing guidelines that will be implemented to ensure the participant’s health and safety for the 2020 event. Council discussed social distancing during the triathlon and its effects on the timeframe of the race; discouraging spectators; and potential deadline to announce the cancellation of the 2020 event should it be necessary due to COVID-19. 4. PROCLAMATION RECOGNIZING EXECUTIVE ASSISTANT WANDA WISE-LATTA FOR HER 21-YEARS OF DEDICATED PUBLIC SERVICE Mayor Evans and Councilmembers presented a proclamation to Executive Assistant Wise-Latta in appreciation of her 21 years of service with the City. Council and Staff expressed their gratitude and commended Executive Assistant Wise-Latta for her exemplary commitment and dedication to the City and the community, leadership and guidance, and exemplary service. 5. PROCLAMATION RECOGNIZING ADMINISTRATIVE ASSISTANT ANNA ORTIZ FOR HER 30-YEARS OF DEDICATED PUBLIC SERVICE Mayor Evans and Councilmembers presented a proclamation to Administrative Assistant Ortiz in appreciation of her 30 years of service with the City. Council and Staff expressed their gratitude and commended Administrative Assistant Ortiz for her exemplary customer service and her dedication to helping others and the City. 6. CITY CLERK ASSOCIATION OF CALIFORNIA 2020 PRESIDENT’S SPECIAL AWARD OF DISTINCTION TO CITY CLERK MONIKA RADEVA FOR BEING A DIFFERENCE MAKER AND KEY INFLUENCER Mayor Evans announced that City Clerk Radeva was awarded the City Clerk Association of California 2020 President’s Special Award of Distinction for being a difference maker and key influencer. Council and Staff commended City Clerk Radeva for her commitment, dedication, leadership, exemplary performance, and her authentic love for her work. CITY COUNCIL MINUTES Page 7 of 12 JULY 7, 2020 CONSENT CALENDAR 1. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE CREATIVE LIGHTING & ELECTRICAL, INC., FOR UP TO $100,000 OF ADDITIONAL NON-CONTRACTED MAINTENANCE AND/OR REPAIR ITEMS IN FISCAL YEAR 2020/21 WHEN THEY ARE THE QUALIFIED BIDDER 2. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC FOR UP TO $100,000 OF ADDITIONAL NON-CONTRACTED MAINTENANCE AND/OR REPAIR ITEMS IN FISCAL YEAR 2020/21 WHEN THEY ARE THE QUALIFIED BIDDER 3. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC. FOR UP TO $100,000 OF ADDITIONAL WORK IN FISCAL YEAR 2020/21, AS A SINGLE SOURCE FOR MEDIAN LANDSCAPE RESTORATION WITHIN THE LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 89-1 AND FOR EXTRA WORK WHERE THEY ARE THE QUALIFIED BIDDER 4. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VANIR FOR FEDERAL EMERGENCY MANAGEMENT ASSISTANCE PROJECT ADMINISTRATION SERVICES 5. APPROVE CHANGE ORDERS NO. 9 AND NO. 10 TO CONTRACT WITH URBAN HABITAT FOR THE SILVERROCK PARK VENUE PROJECT NO. 2016-08 FOR ALONGI BUILDING PAD AND MISCELLANEOUS ADDITIONAL WORK REQUESTS 6. APPROVE GRANT OF EASEMENTS TO COACHELLA VALLEY WATER DISTRICT FOR ACCESS AND MAINTENANCE OF WATER PIPELINES AND FIRE HYDRANT FACILITIES LOCATED WITHIN THE SILVERROCK DEVELOPMENT 7. ACCEPT HIGHWAY SAFETY IMPROVEMENTS PROGRAM CITYWIDE FIBER OPTIC SIGNAL INTERCONNECT PROJECT NO. 2016-02, FEDERAL PROJECT NO. HSIPL-5433(017) 8. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR AVENUE 52 FROM DESERT CLUB DRIVE TO AVENIDA BERMUDAS, AND AVENUE 52 FROM AVENIDA BERMUDAS TO EISENHOWER DRIVE [RESOLUTION NO. 2020-024] CITY COUNCIL MINUTES Page 8 of 12 JULY 7, 2020 9. APPROVE DEMAND REGISTER REPORTS FOR JUNE 12, 19, AND 26, 2020 10. ADOPT RESOLUTION TO APPROVE A PUBLIC INTEREST FINDING TO RATIFY THE SELECT SOURCE CONTRACT EXTENSION OF BENGAL ENGINEERING TO COMPLETE THE ENGINEERING PHASE OF THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05, FEDERAL AID PROJECT NO. BRLKS 5433 (014) [RESOLUTION NO. 2020-025] MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended, with Item Nos. 8 and 10 adopting Resolutions No. 2020-024 and 2020-025, respectively. Motion passed unanimously. BUSINESS SESSION 1. APPROVE CANCELING THE REGULAR CITY COUNCIL MEETINGS OF AUGUST 18 AND SEPTEMBER 1, 2020 Council waived presentation of the staff report which, is on file in the Clerk’s Office. Council noted should there be a pressing matter that requires Council action, a special City Council meeting can be called to address it with a 24-hour notice in accordance with Government Code §54959 (Brown Act); and 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 COVID-19, teleconferencing accessibility and accommodations have been enabled by suspending or waiving specified provisions of the Brown Act (Government Code §54959 et seq.) and members of the City Council, Staff, and the public may participate in public meeting by teleconference. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke in opposition of canceling the two regular City Council meetings due to the state and local emergencies caused by the threat of the spread of COVID-19. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve canceling the regular City Council meetings of August 18 and September 1, 2020 as recommended. Motion passed unanimously. CITY COUNCIL MINUTES Page 9 of 12 JULY 7, 2020 2. APPROVE ROUND IV COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM (PROGRAM) FOR LA QUINTA BUSINESSES IMPACTED BY COVID-19 Management Specialist Kinley presented the staff report, which is on file in the Clerk’s Office. Council noted the City is committed to provide the needed support and financial assistance to help local businesses endure the economic adversities caused by the COVID-19 pandemic; and strongly encouraged the La Quinta community to reach out and provide recommendations on other ways the City can assist. Council discussed the $1.5 million dollars allocated from the City’s Economic Disaster Emergency Reserve fund for the Program is intended to help businesses comply with health and safety guidelines and be able to reopen safely; adverse financial impacts to restaurants due to the July 1, 2020, order by Governor of California closing in-door dining for three weeks; encouraged installation of outdoor dining options; and commended Staff for their efforts and communications with the business community to ensure the Program continues to evolve and help businesses respond to the ever-changing safety directives and restrictions. Council directed Staff to structure the Program in a manner that provides restaurants with an option that does not require them to pre-pay for the improvement costs, in case they do not have the funds available, and the City is able to pay the contractors/vendors directly, following a successful inspection. MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to approve modified Round III COVID-19 Small Business Emergency Economic Relief Program as follows:  Offering 100% rebate to restaurants with a physical storefront willing to invest in outdoor dining improvements, in addition to the already approved 80% rebate to La Quinta businesses for costs associated with installing COVID-19 safety measure precautions, for a total not to exceed amount of $20,000; and  One-time 100% one-month rent/mortgage and utilities reimbursement available exclusively to La Quinta restaurants with a physical storefront, for a total not to exceed amount of $10,000, which is in addition to the $20,000 other rebate opportunities. Motion passed unanimously. CITY COUNCIL MINUTES Page 10 of 12 JULY 7, 2020 STUDY SESSION – None PUBLIC HEARINGS – After 5:00 p.m. 1. CONTINUED FROM MAY 5, 2020 >>> ADOPT RESOLUTIONS TO ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATED MONITORING AND REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2017-0006, AND APPROVE SPECIFIC PLAN 2017-0002 AMENDMENT NO. 2, TENTATIVE PARCEL MAP 2017-0003, AND SITE DEVELOPMENT PERMIT 2017-0009 PROPOSING AN APPROXIMATELY 125,000 SQUARE- FOOT SUPERMARKET WITH ASSOCIATED VEHICLE FUEL CENTER; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS PREPARED A MITIGATE NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET; PROJECT: PAVILION PALMS SHOPPING CENTER [RESOLUTION NOS. 2020-026 AND 2020-027] Mayor Evans noted that the applicant submitted a request to continue this item to October 6, 2020, prior to the meeting, which was announced during Confirmation of Agenda. THE PUBLIC HEARING REMAINED OPEN FROM THE MAY 5, 2020 MEETING City Clerk Radeva said several requests for verbal comments were received, which were withdrawn following the Applicants request for continuation. WRITTEN PUBLIC COMMENTS IN SUPPORT of the Project were received by the members of the public listed below in alphabetical order, which were distributed to Council and incorporated into the agenda packet and public record of the meeting:  Jeri Ballinger, La Quinta  John Carnie, La Quinta  John and Lynn Criss, La Quinta  Jeff Higgins, La Quinta  Jerry and Sophia Motaghedi, La Quinta  Brad Nelson, La Quinta  Sam Shink, Real Estate Department with Albertson’s Companies WRITTEN PUBLIC COMMENTS IN OPPOSITION of the Project were received by the members of the public listed below in alphabetical order, which were CITY COUNCIL MINUTES Page 11 of 12 JULY 7, 2020 distributed to Council and incorporated into the agenda packet and public record of the meeting:  Jana Baumann, La Quinta  Richard and Robin Colliver, La Quinta  Concerned Citizen (anonymous), La Quinta  Gail Ellison, La Quinta  Barbara Ferguson, La Quinta  Bruce Ferguson, La Quinta  Robin Hubert, La Quinta  Lucinda Mahoney, La Quinta  Pat Matasso, La Quinta  Thomas and Georgia Maydew, La Quinta  Elaine and William Mills, La Quinta  Tim and Sandy Moore, La Quinta  Brad Nelson, La Quinta  Rick Ortega, La Quinta  Wallis and Dan Raemer, La Quinta  Donald Reifer, La Quinta  Jon Shepardson, La Quinta  Suntech Consulting and Roofing, Palm Desert (Bill Fitzgerald, La Quinta) PUBLIC SPEAKER: Greg Beaver, Applicant with Lundin Development Company – said further design modifications will be made to the project and requested that the Public Hearing be continued until the October 6, 2020, regular City Council meeting. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to continue the Public Hearing to a date certain of October 6, 2020, regular Council meeting. Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Riverside County Sherriff’s Department Lieutenant Fredericks and Captain Reynolds reported on the high volume of service calls received by the Sherriff’s Department on July 4th in response to illegal firework activities in the Cove; there were no firework related injuries; inability to use drone surveillance to monitor firework activity and applicable requirements; and limitations to the ability to police illegal firework activities. CITY COUNCIL MINUTES Page 12 of 12 JULY 7, 2020 Mayor Evans noted La Quinta’s participation in the 8th Annual 9-Cities Blood Drive Challenge facilitated by LifeStream Blood Bank from July 1 through August 30, 2020; and that LifeStream will be offering COVID-19 antibodies tests. Riverside County Fire Department La Quinta Fire Chief Fish said ‘safe and sane’ fireworks are highly regulated; the community’s fireworks-related complaints are not caused by the use of ‘safe and sane’ fireworks, but rather due to illegal fireworks; and no fires resulted from firework activity in La Quinta. City Manager McMillen provided an update on the partial City Hall re-opening by appointment only and safety protocols. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organizations’ meeting:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2020, Councilmember Radi reported on his participation in the following organizations’ meeting:  SUNLINE TRANSIT AGENCY  DESERT SANDS SCHOOL DISTRICT COMMITTEE (Radi & Sanchez) La Quinta’s representative for 2020, Councilmember Sanchez reported on his participation in the following organizations meeting:  DESERT SANDS SCHOOL DISTRICT COMMITTEE (Radi & Sanchez) ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 7:38 p.m. Motion passed unanimously. Respectfully submitted, NICHOLE ROMANE, Deputy City Clerk City of La Quinta, California