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2020 09 15 CC MinutesCITY COUNCIL MINUTES Page 1 of 16 SEPTEMBER 15, 2020 CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 15, 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, Management Analyst Mignogna, Planning Manager Flores, Design and Development Director Castro, Senior Emergency Management Coordinator Johnston, Management Specialist Kinley, Community Resources Director Escobedo, Code Compliance Supervisor Meredith, Public Works Director/City Engineer McKinney, and Finance Director Romero. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA City Clerk Radeva requested the following:  Pull Item No. 6 from the Announcements, Presentations, and Written Communications section of the Agenda; and  Add “Introduce New City Staff” under Announcements, Presentations, and Written Communications section of the Agenda. Council concurred. CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957. CITY COUNCIL MINUTES Page 2 of 16 SEPTEMBER 15, 2020 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) 3. 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) 4. 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 5. 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. DWCG1, LLC, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC1909315 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:03 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:02 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code section 54950 et seq. (Brown Act):  CLOSED SESSION ITEM NO. 1 – no actions taken;  CLOSED SESSION ITEM NO. 2 – no actions taken;  CLOSED SESSION ITEM NO. 3 – City Attorney Ihrke reported pursuant to Government Code Section 54957.1, subdivision (a)(3), the City Council received and reviewed a copy of a settlement agreement from Granite Construction Company (Granite), the substance of which CITY COUNCIL MINUTES Page 3 of 16 SEPTEMBER 15, 2020 involves the settlement of claims submitted by Granite against the City pursuant to a duly awarded, publicly bid contract. The substance of the settlement agreement may be summarized as follows:  The settlement agreement resolves all pending and potential claims involving work completed on City-owned property (approximately 10 acres) near the corner of Eisenhower Drive and Avenida Fernando;  The contracted work covered Capital Improvement City Project No. 2015-12B for the Eisenhower Drive Drainage Improvements, including construction of a retention basin with buried liner, catch basins and drywells, engineered soil on liner, outlet structures with rip-rap, and storm drains, among other items;  Initially the total claim submitted against the City was in excess of $623,000, but the parties agreed to settle for $220,000, inclusive and relating to resolving all claims alleged for constructive changes, differing site conditions, and delays in payment; and  Full releases and waivers of claims, and no admission of fault, along with other “standard” settlement agreement terms are included in the agreement. MOTION: A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve the settlement agreement; and authorize the City Manager to execute agreement and take any implementing actions on behalf of the City. Motion passed unanimously. If and when the settlement agreement is executed, 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.  CLOSED SESSION ITEM NO. 4 – no actions taken; and  CLOSED SESSION ITEM NO. 5 – no actions taken. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA City Clerk Radeva said the following WRITTEN PUBLIC COMMENTS, listed in alphabetical order, were received as of 3:00 p.m., which were distributed to CITY COUNCIL MINUTES Page 4 of 16 SEPTEMBER 15, 2020 Council, and incorporated into the agenda packet and public record of the meeting:  Brad Anderson, Rancho Mirage – related to closed session deliberations – as requested, City Clerk Radeva read Mr. Anderson’s written comments into the record;  Carrie Breeswine, La Quinta – in opposition of Short-Term Vacation Rentals (STVR);  Arlene Gotshalk, La Quinta – in opposition of STVR;  Rich Hill, La Quinta – related to STVR;  Jim Lambert, La Quinta – in opposition of STVR;  Kurt and Mary Lindquist, La Quinta – in opposition of STVR;  Rod McGuire, La Quinta – related to the STVR Program Ad-hoc Committee membership and STVR operations;  Connie and Donald Nimis, La Quinta – in opposition of STVR;  Jennifer Porter, La Quinta – in support of STVR;  Lynn and Richard Reich, La Quinta – in opposition of STVR. City Clerk Radeva said the Clerk’s Office did receive, submitted as part of written public comments, copies of private social media postings and conversations that were not made by the person submitting the public comments. After consultation with the City Attorney, it was determined that the private social media postings and conversations were redacted because they are not from a social media platform which the City maintains or commented on as part of official City business, and the person submitting the written public comments did not provide written proof of consent from any of the third parties who made the postings or conversations on the private social media platform. The following PUBLIC SPEAKERS provided verbal comments via TELEPHONIC ACCESSIBILITY:  Carrie Breeswine, La Quinta – thanked the Council for their service and dedication to the La Quinta community; expressed concerns about the adverse effects of STVR to residential neighborhoods and to the quality of life of full-time residents; and implored that the STVR enforcement and monitoring recommendations prepared by the STVR Program Ad- hoc Committee (Committee) be implemented.  Richard De Leonardis, La Quinta – expressed concerns about the adverse effects of STVR to residential neighborhoods and to the quality of life of full-time residents; said the homeowners association (HOA) of his community has been unsuccessful in prohibiting or changing the structure of STVR; said the membership of the Committee is not well balanced; and urged that the City take strict actions related to STVR. CITY COUNCIL MINUTES Page 5 of 16 SEPTEMBER 15, 2020 The following PUBLIC SPEAKER, listed in the order in which they spoke, provided IN-PERSON verbal comments:  Christopher Mikulenka, La Quinta – expressed concerns about the adverse effects of STVR to residential neighborhoods and to the quality of life of full-time residents, the STVR hotline, number of active STVR licenses, compliance enforcement, enforcement staffing levels, and excessive on-street parking by STVR renters; said non-compliant homeowners and property managers must be held accountable, and additional staff resources should be dedicated to the STVR program.  Kathy Hartung, La Quinta – said she has been a La Quinta resident for 34 years; expressed concerns about the adverse effects of STVR to residential neighborhoods and to the quality of life of full-time residents due to noise, over concentration of STVR in the same area, over occupancy, excessive on-street parking and partying by STVR renters; said there are STVR properties that are well managed and compliant; the Committee’s membership should be balanced; thanked the Council and City staff for their efforts to bring the STVR program into compliance; and asked that the dignity and calmness of La Quinta be restored.  Elizabeth Uher, La Quinta – said she has been a La Quinta resident since 1979; expressed concerns about the adverse effects of STVR to residential neighborhoods and to the quality of life of full-time residents due to noise, over concentration of STVR in the same area, over occupancy, excessive trash, on-street parking and partying by STVR renters; noted that STVR have been around for a while without any problems, and the current issues are a recent development; and urged that the City take measures to restore the peace and quiet of the community. Ms. Uher submitted photos as a hand-out to show the waste and excessive parking caused by STVRs in her area, which were incorporated into the record and agenda packet.  David Dinnel, La Quinta – said he is speaking on behalf of Vacation Rental Owners and Neighbors of La Quinta (VRON-LQ), a new non-profit organization in La Quinta formed in an effort for STVR owners and neighbors to become part of the solution of the challenges related to STVR in the City; VRON-LQ is modeled after VRON-Palm Springs, which is dedicated to preserving Palm Springs rich history of vacation rentals and home-sharing through education, awareness, and the promotion of responsible vacation rental ownership and management. Mr. Dinnel said VRON-LQ promotes the same mission statement as VRON-PS; the goal is to get a high percentage of La Quinta owners to join the CITY COUNCIL MINUTES Page 6 of 16 SEPTEMBER 15, 2020 organization and become a part of the solution; and spoke about VRON- LQ’s efforts to promote STVR compliance.  Anna Duitruk, La Quinta – said she is a STVR owner and a member of VRON-LQ; noted VRON-LQ’s core values are cooperation, balancing the needs of the community – neighbors and owners alike, and co-existing in a harmonious relationship; VRON-LQ’s efforts will include proactive education of new and existing STVR owners, possibly one-on-one communications with members of the Council to discuss alternative methods of addressing STVR issues. Ms. Duitruk expressed her empathy and concern for the residents who provided comments depicting their unfortunate experience with STVRs; and spoke of the responsible management and preventative methods she applies in managing her STVRs to ensure compliance and the quality of life for her neighbors.  Melissa Labayog, La Quinta – said the City should not ban STVR permanently, but rather implement measures to ensure non-compliant STVRs can be addressed effectively; consider zoning areas for STVRs; STVR properties within HOAs should be monitored and managed by the HOAs; STVR properties that are not within gated residential communities need the City to impose regulations and fines that will evoke compliance; and spoke about the career of pro-golfer Marlene Bauer Hagge, founder of the Ladies Professional Golf Association Foundation, which supports women and young people through programs and initiatives aimed at empowering them through the game of golf, and handed out flyers, which were incorporated into the record and agenda packet.  Shane Falleur, La Quinta – expressed concerns about the adverse effects of STVR to residential neighborhoods and to the quality of life of full- time residents due to noise, over concentration of STVR in the same area, renters disregard to personal property; and encouraged the City to take action to restore the quality of life in the community. Council thanked the residents for their continuous public comments and feedback, and assured them that the concerns being raised are not falling on deaf ears; noted the City is not idly standing by, and has been in the process of actively evaluating the STVR program in order to identify best practices from other communities, the necessary changes and improvements, and set policy that responds to the community’s needs; the City’s Committee is preparing recommendations for Council’s consideration, and the Council will implement policy as soon as feasibly possible; the City has monitored the STVR program closely since its inception in 2008; the STVR program continues to evolve based on the ever-changing environment; and the City is enforcing CITY COUNCIL MINUTES Page 7 of 16 SEPTEMBER 15, 2020 compliance, has taken additional steps through Executive Orders to mitigate STVR impacts due to COVID-19, including increased noise restrictions and a 90-day moratorium on new STVR licenses. Council commended the efforts and professionalism of the City’s Code Compliance Division and the Riverside County Sherriff’s Department police officers in addressing and enforcing STVR compliance. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS Added >>> INTRODUCE NEW CITY STAFF City Manager McMillen introduced Administrative Assistant Laurie McGinley in the City Clerk’s Department and Accounts Receivable Technician Daniela Batuta in the Finance Department who recently joined the La Quinta Team, and spoke about their experience and qualifications. 1. 2020 CENSUS OUTREACH Mayor Evans said the 2020 Census count is due by September 30, 2020, encouraged everyone to participate, and noted the importance of having accurate population counts which affect federal and state funding allocations to local agencies, as well as district boundaries, which will affect future congressional and assembly districts, state senate, etc. 2. CITY-WIDE PROJECTS – STATUS UPDATE ON COMPLETED AND IN-PROGRESS CITY PROJECTS Management Analyst Mignogna and Design and Development Director Castro presented an update on completed, in-construction, and in-design City projects citywide. Council thanked the La Quinta residents for passing Measure G, a 1% sales and use tax, which has allowed the City to not only cover increasing costs for public safety services, but to also augment the City’s investments in its infrastructure and capital improvements. 3. INTRODUCE FIRE CHIEF BILL WIESER WITH THE RIVERSIDE COUNTY FIRE DEPARTMENT La Quinta Fire Chief Fish with the Rive rside County Fire Department introduced Fire Chief Bill Wieser who gave a brief presentation of his background and experience. CITY COUNCIL MINUTES Page 8 of 16 SEPTEMBER 15, 2020 Council thanked the Fire Department team for their commitment and dedicated service, and congratulated Chief Wieser on his promotion. 4. PROCLAMATION IN RECOGNITION OF NATIONAL DEAF AWARENESS MONTH – SEPTEMBER 2020 Mayor Evans, on behalf of the City Council, presented a proclamation in recognition of September as National Deaf Awareness month, which was accepted by Lisa Schmidt, Teacher for the Deaf and Hard of Hearing at Shadow Hills High School, who is also deaf, and expressed her gratitude for the City’s recognition, and said the proclamation will be displayed at the school’s deaf and hard hearing room. 5. PROCLAMATION IN RECOGNITION OF CONSTITUTION WEEK – SEPTEMBER 17 – 23, 2020, COMMEMORATING THE SIGNING OF THE U.S. CONSTITUTION Mayor Evans, on behalf of the City Council, presented a proclamation in recognition of Constitution week, which was accepted by Alice Barnhart, Regent of the Cahuilla Chapter, National Society Daughters of the American Revolution, who thanked the City for recognizing and honoring the U.S. Constitution and its importance as it protects the fundamental rights of the United States citizens. 6. Pulled from Agenda>>> PROCLAMATION IN RECOGNITION OF TODD AND MEG MARKER, OWNERS OF MARKERS BROADCASTING, FOR THEIR CONTRIBUTIONS TO THE WELFARE OF CHILDREN IN THE COACHELLA VALLEY Council called for a moment of silence in honor of the passing of former City of Indian Wells Councilmember and friend of La Quinta, Mr. Bill Powers; and the passing of former City of La Quinta Councilmember Kristi Franklin’s young 17 year old grandson, Wiley, due to a tragic accident. CONSENT CALENDAR 1. APPROVE MINUTES DATED AUGUST 4, 2020 2. ADOPT RESOLUTION TO APPROVE THE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 37790, CLUB VILLA AT ANDALUSIA, LOCATED SOUTH OF AVENUE 58, EAST OF MADISON STREET, WITHIN THE ANDALUSIA AT CORAL MOUNTAIN DEVELOPMENT [RESOLUTION NO. 2020-031] CITY COUNCIL MINUTES Page 9 of 16 SEPTEMBER 15, 2020 3. APPROVE DEMAND REGISTERS DATED JULY 31, AUGUST 7, 14, 21, AND 28, 2020 4. RECEIVE AND FILE FOURTH QUARTER 2019/20 TREASURY REPORTS FOR APRIL, MAY, AND JUNE 2020 WITH FISCAL YEAR- END SUMMARY 5. APPROVE CHANGE ORDER NO. 12 TO CONTRACT WITH URBAN HABITAT FOR THE SILVERROCK PARK VENUE PROJECT NO. 2016-08 FOR HYDROSEED OF OVERFLOW PARKING LOT AND REDUCTION OF LANDSCAPE AREA IN RETENTION BASIN MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve the Consent Calendar as recommended, with Item No. 2 adopting Resolution No. 2020-031. Motion passed unanimously. BUSINESS SESSION 1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC TO PROVIDE HIGHWAY 111 CORRIDOR FORM-BASED CODE PLANNING AND ENGINEERING SERVICES FOR THE HIGHWAY 111 CORRIDOR PROJECT NO. 2019-05 Planning Manager Flores and Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. Council discussed form-based code is used to create spaces where people want to be, a destination and not a pass-through; the goal is to use form- based code to help the City design these spaces along the Highway 111 Corridor (Corridor) to make it a destination; it is holistic approach to zoning as it incorporates and takes into account land use, engineering, street-scape, building form, etc. to create a space where people want to be; if implemented, it will become a City regulation; the anticipated location for the demonstration form-based code project is along Highway 111 between La Quinta Center Drive and La Quinta Drive, pending coordination with the relevant property owners; and the contract is comprised of a total of four (4) phases, with phases (3) and (4) being optional, which will be brought back for Council consideration and direction on whether or not to proceed at a future date. PUBLIC SPEAKER: Todd Tregenza, AICP, Senior Transportation Planner with GHD, Inc., and the overall Project Manager for this effort – said a pure form- based code does not regulate land use, it allows any use of the land, and instead it designs and regulates the form – it provides a set of guidelines on CITY COUNCIL MINUTES Page 10 of 16 SEPTEMBER 15, 2020 the way it must be designed; it does not need to be in a pure form, and a hybrid can be implemented, based on the community’s input and desired transformation; and GHD, Inc. has partnered with Lisa Wise Consulting, Inc., a renowned form-based code expert in the industry, for this project. PUBLIC SPEAKER: Lindsey Van Parys, Project Manager with GHD, Inc. – provided examples in which the City of Las Vegas was able to repurpose and revision its old downtown area, allowing developers to pick the land use, as well as the city to revitalize the area by regulating the form and design of the development instead of the land use. Ms. Van Parys said for La Quinta, the CV Link project is an opportunity for revisioning the Corridor and establishing connectivity with it to draw people to the Corridor and find inviting spaces and uses that will allow the Corridor’s transformation; and GHD will prepare a 3- D visualization and fly-through presentation that will provide a clear image and feel of what the revisioning could be. Council discussed the importance of connectivity between north and south La Quinta, as well as between the cities of Indian Wells, La Quinta, and Indio; identifying better uses for the parking spaces; and making the Corridor a destination instead of a place where folks go to shop and leave. Council requested that Staff provide examples of smaller cities that have successfully implement pure or a hybrid of form-based codes. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve an Agreement for Contract Services with GHD, Inc. in the amount of $885,228, to provide form-based code planning and engineering services for the Highway 111 Corridor project; and authorize the City Manager to execute the agreement. Motion passed unanimously. 2. APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES WITH SPOHN RANCH, INC FOR X-PARK DESIGN/BUILD SERVICES (PROJECT NO. 2015-09/151609) Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. Council discussed the retention basin being constructed for the X-park project will support the entire site when developed, including the adjacent, currently vacant, land, which is anticipated to be developed as an affordable housing project; and the revised design of the X-park is better suited to host skate events and competitions. CITY COUNCIL MINUTES Page 11 of 16 SEPTEMBER 15, 2020 PUBLIC SPEAKER: Aaron Spohn, President of Spohn Ranch – expressed his enthusiasm for being so close to construction of the project; and said the ability to incorporate a half-pipe into the X-park’s design can be explored and options can be present to Council at a future meeting. Council directed Staff to proceed with the project design as proposed; work with the consultant to determine the ability to add a half-pipe to the project; and present options to the Council at a future meeting. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Amendment No. 4 to Agreement for Contract Services with Spohn Ranch, Inc. for X-Park design/build services to include parking lot lighting, additional fencing, design modifications and construction of three retention basins in the scope of services; increase the total not to exceed contract to $3,714,126; and authorize the City Manager to execute the amendment. Motion passed unanimously. 3. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF LA QUINTA, INDIO, AND COACHELLA TO SHARE THE ACQUISITION COST FOR A LADDER TRUCK AND ASSOCIATED BUDGET ADJUSTMENTS Senior Emergency Management Coordinator Johnston presented the staff report, which is on file in the Clerk’s Office. Council discussed the length of time it takes to receive the ladder truck after it is ordered. Riverside County Fire Department La Quinta Chief Fish said the County does not participate in acquisition of assets, the County’s contribution comes in the form of staffing, in accordance with the established regional staffing response program; options for disposing of ladder trucks at end-of-life; and explained the manner in which mutual aid response is implemented and related cost allocation. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve a Memorandum of Understanding between the Cities of La Quinta, Indio, and Coachella to share the acquisition cost for a ladder truck, in an amount not to exceed $350,000 for La Quinta’s portion; approve a budget appropriation of $350,000 from Fire Service Reserves for fiscal year 2020/21; and authorize the City Manager to execute the Memorandum of Understanding. Motion passed unanimously. MAYOR EVANS CALLED FOR BRIEF RECESS AT 6:55 P.M. CITY COUNCIL MINUTES Page 12 of 16 SEPTEMBER 15, 2020 MAYOR EVANS CONVENED THE COUNCIL MEETING AT 7:15 P.M. WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM (Program) Management Specialist Kinley presented the staff report, which is on file in the Clerk’s Office. Council commended Staff’s outreach, individual attention to businesses to listen and offer assistance and solutions; and efforts in assisting businesses with the Program application and process. Council discussed the City’s Al Fresco dining program; the hardship businesses are experiencing due to COVID-19; the gratitude businesses are expressing for the City’s support and Program; and the method for CARES Act funding allocations. MAYOR EVANS CALLED FOR BRIEF RECESS AT 7:34 P.M. MAYOR EVANS CONVENED THE COUNCIL MEETING AT 7:42 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS – After 5:00 P.M. 1. ADOPT RESOLUTION TO AMEND RESOLUTION 2019-039, A RESOLUTION OF NECESSITY TO ACQUIRE THROUGH EMINENT DOMAIN PORTIONS OF ASSESSOR PARCEL NUMBER 600-030- 018, RELATING TO THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05 (111205), TO CLARIFY DESCRIPTIONS OF THE PROJECT AND ITS IMPACTS [RESOLUTION NO. 2020-032] City Attorney Ihrke presented the staff report, which is on file in the Clerk’s Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:46 P.M. PUBLIC SPEAKERS – None MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:46 P.M. CITY COUNCIL MINUTES Page 13 of 16 SEPTEMBER 15, 2020 MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Resolution No. 2020-032 amending Resolution No. 2019-039 to clarify descriptions regarding the Dune Palms Bridge Project: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 2019-039 TO CLARIFY DESCRIPTIONS REGARDING THE DUNE PALMS BRIDGE PROJECT PROJECT: DUNE PALMS BRIDGE NO. 2011-05 / 111205 APN: 600-030-018 Motion passed unanimously. 2. ADOPT RESOLUTION TO AMEND RESOLUTION NO. 2019-038, AND DECLARE THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE REMAINING PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, THROUGH EMINENT DOMAIN [RESOLUTION NO. 2020-033] City Attorney Ihrke presented the staff report, which is on file in the Clerk’s Office. Dave Cosgrove, Legal Counsel with Rutan & Tucker, said this project has been a long time coming, and noted the property owners are in support of this action as indicated by the execution of the settlement agreement. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:53 P.M. PUBLIC SPEAKERS – None MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:53 P.M. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to adopt Resolution No. 2020-033 amending Resolution No. 2019-038, and declaring the public interest and necessity to acquire portions of property located at 46400 Dune Palms Road, through eminent domain: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 2019-038, AND DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, ASSESSOR PARCEL NO. 600-030-010, AND APPROVING AND ADOPTING A RESOLUTION OF NECESSITY PROJECT: DUNE PALMS BRIDGE NO. 2011-05 / 111205 AND PRESERVATION OF AFFORDABLE HOUSING Motion passed unanimously. CITY COUNCIL MINUTES Page 14 of 16 SEPTEMBER 15, 2020 DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. 1. CITY MANAGER – LA QUINTA’S PROMOTIONAL EFFORTS OF THE SALTON SEA MANAGEMENT PROGRAM PHASE 1: 10-YEAR PLAN PROJECT DESCRIPTION AND VIRTUAL WORKSHOPS FOR PUBLIC INPUT UPDATE Mayor Evans said the series of virtual workshops on this plan will be held September 22 through 24, 2020, and the City will be actively promoting them, on a variety of platforms, to increase awareness and encourage public participation and input; and Council will receive a presentation by Gail Sevrens with the California Department of Fish and Wildlife, on the states’ efforts for the Salton Sea Management Program during a future Council meeting. 5. DESIGN AND DEVELOPMENT – SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE UPDATE Community Resources Director Escobedo and Code Compliance Supervisor Meredith provided an overview of the City’s established code compliance efforts and enforcement as related to STVR; and the City’s proactive efforts in launching a 60-day pilot program by contracting additional security services to assist with response and compliance on the weekends and effectively addressing repeated non-compliant STVR, and will provide Council at the end of the program. Council requested that Staff communicate the City’s enforcement process and proactive efforts to the residents who provided verbal comments at the beginning of the meeting. Council commended the efforts and dedication of the La Quinta Code Compliance team. Community Resources Director Escobedo, Design and Development Director Castro, and Committee Member Caldwell presented the staff report, which is on file in the Clerk’s Office. Council discussed the different types of STVR complaints; the importance to ensure owners, managers, and renters are educated and respectful of the rules; the efforts of PGA West’s HOAs to ensure STVR compliance within the PGA West community, the HOA recently issued rules in line with the City’s regulations, and options for the HOA security to collaborate with the City as it relates to STVR enforcement and sharing information on confirmed violations; CITY COUNCIL MINUTES Page 15 of 16 SEPTEMBER 15, 2020 density of STVR based on number of STVR on a block as well as based on lot sizes; STVR disruptions of the quiet enjoyment of residential neighborhoods. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: John Hastie, La Quinta – said he owns a STVR, has always been a responsible operator, and has had no complaints; the STVR regulations have become very strict; noted that a ban of STVR is not the solution, and that non-compliant properties should be held accountable; he has joined VRON-LQ and looks forward to working together as a community to find the right solutions. PUBLIC SPEAKER: David Dinnel, La Quinta – said implementing the ability to fine guests instead of just the owners could be more effective in achieving compliance; and commended City staff for contracting for additional enforcement services in order to be better able to address problem STVR. Council discussed that STVR owners are able to impose fines on their guests by including terms and conditions to this effect in the rental agreement. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Mayor Evans thanked the Council for their participation tonight, and support of FIND Food Bank (FIND) Hunger Action Month efforts, through local news channel KESQ, to highlight the needs of the community and how folks might be able to help. September is Hunger Action Month, and FIND is raising awareness by sharing resources, showcasing community involvement, and displaying orange, the symbolic color of hunger relief. Mayor Evans thanked Council and the community for their participation and interest in the virtual 9/11 Memorial Ceremony. 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  CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE  ECONOMIC DEVELOPMENT SUBCOMMITTEE La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organizations’ meeting:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) CITY COUNCIL MINUTES Page 16 of 16 SEPTEMBER 15, 2020 La Quinta’s representative for 2020, Councilmember Peña reported on his participation in the following organizations’ meetings:  CVAG PUBLIC SAFETY COMMITTEE  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE La Quinta’s representative for 2020, Councilmember Radi reported on his participation in the following organization’s meeting:  CVAG TRANSPORTATION COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 9:12 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California