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2020 11 17 CC MinutesCITY COUNCIL MINUTES Page 1 of 12 NOVEMBER 17, 2020 CITY COUNCIL MINUTES TUESDAY, NOVEMBER 17, 2020 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 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, Finance Director Romero, City Clerk Radeva, Deputy City Clerk Romane, Public Works Director/ City Engineer McKinney, Management Assistant Julie Mignogna, Planning Manager Flores, Senior Planner Flores, Design and Development Director Castro, Hub Manager Sanchez, Animal Control/Code Compliance Supervisor Meredith, and Assistant to the City Manager Villalpando. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed 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 (Review Continued Need and Response to Proclaimed State and Local Emergencies Caused by COVID-19) 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION CITY COUNCIL MINUTES Page 2 of 12 NOVEMBER 17, 2020 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 3:02 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that no actions were taken in Closed Session that require reporting pursuant to Government Code section 54950 et seq. (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA The following WRITTEN PUBLIC COMMENTS, listed in alphabetical order, were received as of 4:00 p.m., which were distributed to Council, made publicly available, and incorporated into the agenda packet and public records of this meeting:  Shevy Akason, La Quinta – in support of Short-Term Vacation Rentals (STVRs);  Elena Bonilla, La Quinta – related to STVR guest accountability;  Arlene Gotshalk, La Quinta – in opposition of STVRs;  Modern Wanderlust (Mike and Christina) – in support of STVRs;  Jennifer Porter, La Quinta – in support of STVRs;  Dori Quill, La Quinta – in opposition of STVRs;  Adam Santiago, La Quinta – related to STVR guest accountability;  Dick and Janis Storbo, La Quinta – in opposition of STVRs. Mayor Evans noted that Council will discuss the City’s STVR Program under Study Session Item No. 2 on tonight’s agenda; however, this was only a discussion item, and Council will not be making any decisions or taking any actions. The following PUBLIC SPEAKERS, listed in the order if which they spoke, provided verbal comments VIA TELEPHONIC ACCESSIBILITY:  William Grafeld, La Quinta – said the windshield of his vehicle was hit by an errant golf ball from the PGA West Greg Norman golf course while CITY COUNCIL MINUTES Page 3 of 12 NOVEMBER 17, 2020 driving, and expressed concerns related to errant golf balls effecting community safety. General discussion followed about the City’s potential liability related to errant golf balls falling in the public right-of-way, and general public entities potential immunities. The following PUBLIC SPEAKERS, listed in the order if which they spoke, provided verbal comments VIA TELEPHONIC ACCESSIBILITY (Continued):  Arlene Gotshalk, La Quinta – in opposition of STVRs; and in support of continuing the moratorium, and abolishing STVRs in the La Quinta Cove;  Susan Stauber, La Quinta – in support of STVRs; and expressed concerns related to the STVR Program Ad-Hoc Committee (Committee) recommendations;  Matthew (no last name provided), La Quinta – in support of STVRs, and noted the positive impacts of STVRs to the community; and  Chris Baldavid, La Quinta – in support of STVRs, and noted the positive impacts of STVRs to the community. The following PUBLIC SPEAKERS, listed in the order if which they spoke, provided verbal comments IN-PERSON:  Eddy Estrada, La Quinta – spoke in support of STVRs; said a group of PGA homeowners has come together, entitled “WeLoveLaQuinta.com,” to find solutions and a balance between residents and STVR owners, however they have experienced challenges in their efforts to collaborate with the PGA West HOAs or receive a response from the Neighbors for Neighborhoods organization, a group of concerned La Quinta residents in opposition of STVRs; noted they are working together with VRON-LQ; and emphasized the importance of collaboration to resolve core issues related to STVRs;  David Dinnel, La Quinta/Los Angeles – emphasized the importance of accurate data related to STVRs; expressed concerns related to the Committee’s density recommendations; and spoke of the positive impacts of STVRs to the community;  Anna Duitruk, La Quinta – spoke in support of STVRs; said the pandemic has increased the demand of STVRs and many communities’ sensitivity to STVRs; and asked Council not to rush into making modifications to the STVR program;  Jen Baldavid, La Quinta – spoke in support of STVRs; said there are always bad actors, but that there are also ways STVR owners and manager are able to ensure guests are responsible and respectful to the local communities; asked Council not to rush into making modifications to the STVR program; noted it is not a STVR program issue, but rather CITY COUNCIL MINUTES Page 4 of 12 NOVEMBER 17, 2020 an irresponsible management issue; and shared strategies that can be used to ensure guests are respectful and compliant; and  Jalena Tamm, La Quinta/Newport Beach – emphasized the importance of accurate data related to STVRs; commented on the City’s enforcement efforts through a cease-and-desist letter to invoke compliance from unlicensed STVR operators; and noted La Quinta demographics have changed over the last 30 years and so have the needs of the community. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PRESENTATION ON THE SALTON SEA MANAGEMENT PROGRAM UPDATE BY GAIL SEVRENS, SALTON SEA PROGRAM MANAGER WITH THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Salton Sea Program Manager Gail Sevrens presented an update on the restoration efforts for the Salton Sea pursuant to the Salton Sea Management Program. 2. PROCLAMATION IN RECOGNITION OF LA QUINTA CAPTAIN MISTY REYNOLDS WITH THE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT FOR HER DEDICATED SERVICE Mayor Evans and Councilmembers presented Riverside County Sheriff’s Department Captain Reynolds with a proclamation in recognition of her public services, commended her for her dedication, and wished her good luck in her new endeavor. Captain Reynolds expressed her gratitude. 3. INTRODUCE CAPTAIN HERMAN LOPEZ WITH THE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT Riverside County Sheriff’s Department Captain Reynolds introduced Captain Lopez. Captain Lopez spoke about his qualifications and experience, and said he looks forward to serving La Quinta. Council congratulated and welcomed Captain Lopez to the La Quinta Team. Added >>> ANNUAL CITY EMPLOYEES RECOGNITION Mayor Evans noted the following City employees were being recognized for their service and dedication to the La Quinta community:  5-Years of Services  Jaime Torres, Community Resources Analyst – Community Resources CITY COUNCIL MINUTES Page 5 of 12 NOVEMBER 17, 2020  Martha Mendez, Public Safety Manager – Community Resources  Luis Magallanez, Community Resources Coordinator – Community Resources  Ubaldo Ayon, Assistant Construction Manager – Public Works  Dianne Hansen, Management Analyst – Public Works  Hal Summers, Recreation Leader – Community Resources  15-Years of Services  Kevin Meredith, Animal Control/Code Compliance Supervisor – Community Resources  Augustine Arellano, Maintenance Worker II – Public Works  Ruben Castañada, Maintenance Foreman – Public Works  25-Years of Services  Anthony Moreno, Code Compliance Officer II – Community Resources  30-Years of Service  Anna Ortiz, Administrative Assistant – Design and Development CONSENT CALENDAR 1. APPROVE MINUTES DATED NOVEMBER 3, 2020 2. APPROVE DEMAND REGISTERS DATED OCTOBER 30 AND NOVEMBER 6, 2020 3. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL TRACT MAP NO. 37959-R AND 37960-R, REVERSION TO ACREAGE, LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE STREET [RESOLUTION NO. 2020-037] 4. ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO COMPLETE OFF-SITE AND ON-SITE IMPROVEMENTS FOR PIAZZA SERENA RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 30092) LOCATED AT THE NORTHWEST CORNER OF MONROE STREET AND AVENUE 58 [RESOLUTION NO. 2020-038] 5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH GOINVEST, INC. FOR ACTUARIAL CONSULTING AND TECHNOLOGY SERVICES 6. APPROVE AMENDMENT NO. 3 TO VENUE HOSTING AGREEMENT WITH WORLD TRIATHLON CORPORATION, LLC. TO HOST THE CITY COUNCIL MINUTES Page 6 of 12 NOVEMBER 17, 2020 YEAR THREE IRONMAN 70.3 INDIAN WELLS – LA QUINTA TRIATHLON ON DECEMBER 5, 2021 7. APPROVE AMENDMENT NO. 5 TO AGREEMENT FOR CONTRACT SERVICES WITH SPOHN RANCH, IN. FOR ADDITIONAL PARK ENHANCEMENTS FOR THE X-PARK DESIGN/BUILD SERVICES PROJECT NO. 2015-09/151609 8. ADOPT RESOLUTION SUPPORTING A COMPREHENSIVE ANALYSIS OF ALL WATER IMPORT ALTERNATIVES AS PART OF THE LONG-TERM SOLUTION FOR THE SALTON SEA [RESOLUTION NO. 2020-039] MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve the Consent Calendar as recommended, with Item Nos. 3, 4 and 8 adopting Resolutions Nos. 2020-037, 2020-038, and 2020- 039, respectively. Motion passed unanimously. BUSINESS SESSION 1. INTERVIEW AND APPOINT ONE RESIDENT TO SERVE AS CITY REPRESENTATIVE ON THE IMPERIAL IRRIGATION DISTRICT ENERGY CONSUMERS ADVISORY COMMITTEE FOR A FOUR-YEAR TERM ENDING DECEMBER 2024 Council waived presentation of the staff report, which is on file in the Clerk’s Office. The following applicants gave a brief presentation of their qualifications:  Mark Gart – In-person  Lee Osborne – via teleconference accessibility Results of the ballot vote: Councilmember Fitzpatrick – Lee Osborne Councilmember Peña – Lee Osborne Councilmember Radi – Lee Osborne Councilmember Sanchez – Lee Osborne Mayor Evans – Lee Osborne MOTION – A motion was made and seconded by Councilmembers Peña/Radi to appoint resident Lee Osborne to serve as the City representative on the Imperial Irrigation District Energy Consumers Advisory Committee for a four- year term ending December 31, 2024. Motion passed unanimously. CITY COUNCIL MINUTES Page 7 of 12 NOVEMBER 17, 2020 2. APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 5, 2021 Council waived presented the staff report, which is on file in the Clerk’s Office. City Clerk Radeva said if there is pressing City business to be addressed, Council can call a special meeting; and noted the City’s Annual Community Workshop is scheduled to be held virtually via Zoom on Saturday, January 16, 2021, from 9:00 a.m. to 12:00 noon. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve cancellation of the regular City Council meeting of January 5, 2021. Motion passed unanimously. 3. APPROPRIATE MEASURE G FUNDING FOR THE SILVERROCK PARK VENUE PROJECT NO. 2016-08 AND ALONGI BUILDING PROJECT NO. 2018-06, AND AUTHORIZE FUTURE CHANGE ORDERS TO CONTRACT WITH URBAN HABITAT FOR THE SILVERROCK PARK VENUE PROJECT Public Works Director/City Engineer McKinney and Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office; due to a typographical numerical error in the proposed Alongi project budget listed in the staff report, a revised staff report was provided as a hand-out to Council at the meeting, made publicly available, and incorporated into the agenda packet and public record of this meeting. Council discussed the unanticipated electrical delays due to coordination with Imperial Irrigation District, which resulted in increased overhead costs, and unforeseen water usage fees through Coachella Valley Water District; the anticipated timeline for the Alongi modular building delivery to the SilverRock Venue site; and the Financial Advisory Commission’s (FAC) review and approval of the requested funding allocations. Council commended the FAC’s commitment and service to the community and their oversight of Measure G funds. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Richard (Dick) Mills, Chair of the FAC – said the FAC is taking a conservative fiscal approach, and carefully reviewing and evaluating the project to identify the immediate priorities and what is needed to complete it. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to appropriate additional Measure G funding in the CITY COUNCIL MINUTES Page 8 of 12 NOVEMBER 17, 2020 amount of $244,700 for the SilverRock Park Venue Project No. 2016-08 and $160,000 for the Alongi Building Project No. 2018-06, for additional project improvements; and authorize the City Manager to execute future change orders with Urban Habitat for the improvements. Motion passed unanimously. STUDY SESSION 1. DISCUSS THE SCOPE AND STATUS OF THE VISTA SANTA ROSA GATEWAY VILLAGE PROJECT, LOCATED AT THE SOUTHEAST CORNER OF MONROE STREET AND AIRPORT BOULEVARD, IN THE COUNTY OF RIVERSIDE AND IN THE CITY’S SPHERE OF INFLUENCE Planning Manager Flores and Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed the project’s proposed commercial uses on the north, including a pharmacy, retail, gas station, and fast food building, and a senior congregate care facility on the south, as well as infrastructure improvements for the adjacent school and existing Kennedy store; the current Riverside county (County) zoning for the site is agricultural, which is proposed to be rezoned to community commercial as part of the project approval; the City’s zoning for this site, in its sphere of influence, is commercial; the project’s traffic study and anticipated additionally generated trips per day; and the project is proposed to be built in phases. La Quinta residents Michael Klein, Paul B Moser, Deborah Brill, Laurie M. Davis, Richard (Dick) Mills, and John F. Hoffner donated their three-minute public comment times to Mr. Joseph (Jody) Shapiro for his presentation, who provided materials related to this project prior to the meeting, which were distributed to Council as hand-outs, made publicly available, and incorporated into the agenda packet and public record of this meeting. PUBLIC SPEAKER: Joseph (Jody) Shapiro, La Quinta – said he has been following the review of this project by the County since the beginning; a public hearing has been scheduled for December 2, 2020 for the project to be considered by the County’s Planning Commission; and presented a detailed overview of the project which will provide a duplication of commercial service, as well as the project’s anticipated impacts to the La Quinta community; noted his objections to the development of the project; and asked Council for their support and requested that the community’s concerns be relayed to the County. CITY COUNCIL MINUTES Page 9 of 12 NOVEMBER 17, 2020 La Quinta residents Heidi Snow, Jodi Hensley, Murphy Jonathan Hensley, Renee Alffaitati, Kay Allenbaugh, and Shelley Bohrer donated their three- minute public comment times to Ms. Valerie Murphy for her presentation, who provided materials related to this project prior to the meeting, including a petition from the Palms residential community residents objecting to the project, which were distributed to Council as hand-outs, made publicly available, and incorporated into the agenda packet and public record of this meeting. PUBLIC SPEAKER: Valerie Murphy, La Quinta – expressed concerns about the proposed project related to safety, noise nuisance, light pollution, the sale of liquor, particularly in such close proximity to an elementary school, redundancy of commercial facilities and services, and potential decrease in property values. Council discussed since the project is within La Quinta’s sphere of influence, the City does not have jurisdiction; importance to communicate the community’s concerns to the County; the City does not receive any property tax revenue from the homes that are in proximity of the project; and ability to write a letter to the County on behalf of the City Council requesting a 90- day continuance of the project. PUBLIC SPEAKER: John Hoffner, La Quinta – thanked Council for their consideration and willingness to support the La Quinta community in requesting a 90-day project continuance from the County. Council reached a consensus and directed Staff to prepare correspondence addressed to the County, on behalf of the City Council, requesting a 90-day continuance of the project. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:05 P.M. MAYOR EVANS RECOVENED THE COUNCIL MEETING AT 7:27 P.M. WITH ALL MEMBERS PRESENT 2. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM CHARACTERISTICS AND CITY’S PAST, CURRENT, AND FUTURE OBJECTIVES AND INITIATIVES Hub Manager Sanchez and Animal Control/Code Compliance Supervisor Meredith presented the staff report, which is on file in the Clerk’s Office. Council discussed there has been a minimal increase in STVR permits over the last three (3) years; the correlation between Executive Order No. 9 imposing CITY COUNCIL MINUTES Page 10 of 12 NOVEMBER 17, 2020 stricter STVR regulations, including no sound amplification outside and the increase in noise citations; the same STVR property may have multiple citations in different categories; undergoing is the transition of the STVR hotline to a local 760-telephone number and the ability to send out text messages along with the call to the local contact; citations are not the only measure of adverse community impact; STVR permit suspensions can range from 30 to 365 days; 67% of STVR properties have never received a complaint; importance of good STVR management; current STVR program enhancement efforts underway; unlicensed STVR operators should be banned from being able to obtain a license; ability to require noise-alert devices; importance to have accurate data regarding what residential community each STVR is located in and whether or not STVRs are allowed in that community; the cease-and-desist letter sent out in November 2020 to identified unlicensed STVR operators was not hostile; and the robust STVR activities monitoring and reporting to be provided by the City’s contracted vendor Deckard Technologies. PUBLIC SPEAKERS: Jolie Leydeklars, Real Estate Agent with Windermere Homes and Estates and Joseph (Joey) Arsanto, Founder and President of Roll Sparrow Properties – spoke in support of STVRs; and the positive effects of STVRs to the local economy and to the increase of home values. PUBLIC SPEAKER: David Dinnel, La Quinta – said STVR booking platforms limit the number of allowed characters for ads, which may pose a challenge to the STVR owners’ ability to list the STVR permit number in the title of the ad; thanked Staff for ensuring the STVR hotline calls will be originated from a 760- area code phone number and for adding the text message notification; and explained how ‘noise aware’ works. General discussion followed regarding phone call forwarding service option availabilities that allow STVR owners to list one number as the local contact, which when called would then in turn notify multiple numbers through this forwarding service. The following WRITTEN PUBLIC COMMENTS, listed in alphabetical order, related to Study Session Item No. 2, were received and distributed to Council, made publicly available, and incorporated into the agenda packet and public records of this meeting:  Ric Block, La Quinta – in support of STVRs;  Rex Bloesser, La Quinta – in opposition of STVRs;  Marty Butler, La Quinta – in opposition of STVRs;  Susan Butler, La Quinta – in support of STVRs; and  Kay Wolff, La Quinta – related to STVRs. CITY COUNCIL MINUTES Page 11 of 12 NOVEMBER 17, 2020 PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Fitzpatrick reported she will be attending the formal opening and dedication of the East Indio Hills Trailhead (aka Badlands Trail) on November 20, 2020 at 11:30 a.m., located at Avenue 42 and Golf Center Parkway in Indio. Councilmember Sanchez, Radi, and Mayor Evans reported on their individual meetings with La Quinta residents who expressed their concerns and priorities for the Monticello park. Mayor Evans reported on Councilmember Radi and her attendance at the virtually held meeting via Zoom with the La Quinta Cove Neighborhood Association Steering Committee to discuss STVRs on November 16, 2020. Mayor Evans said she listened to the Riverside County Board of Supervisors meeting this morning and one of the items of discussion was the continued financial losses from the Riverside County Fair and Date Festival held annually in the month of February at the Indio fairgrounds. Council commended Staff for the well planned and executed La Quinta Veteran’s Day celebration held on Wednesday, November 11, 2020, which was also broadcasted live on Facebook and Youtube. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organization’s meeting:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) 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 CITY COUNCIL MINUTES Page 12 of 12 NOVEMBER 17, 2020 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 9:15 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California