2021 05 04 CC MinutesCITY COUNCIL MINUTES Page 1 of 9 MAY 4, 2021
CITY COUNCIL
MINUTES
TUESDAY, MAY 4, 2021
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 teleconferencing accessibility pursuant to Executive
Orders N-25-20, N-29-20, N-33-20, N-35-20, and N-60-20 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 in 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, Assistant to the City Manager Villalpando,
Community Resources Director Escobedo, Interim Finance Director Martinez,
Financial Services Analyst Hallick, Public Works Director/City Engineer
McKinney, and Design and Development Director Castro.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.
CONFIRMATION OF AGENDA
City Attorney Ihrke requested to pull Consent Calendar Item No. 7 for a
separate vote as staff would like to amend and include additional language in
the recommended action provided in the staff report on page 89 of the Agenda
Packet to ensure the labor and materials security is released upon recordation
of the instrument memorializing the reciprocal access to the Komar Desert
Center.
Councilmember Peña requested to pull Consent Calendar Item No. 14 for a
separate vote; and said he will recuse himself and abstain from discussion and
vote on this item due to a potential conflict of interest stemming from the
proximity of real property to this project.
Council concurred.
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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
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 - EXISTING LITIGATION
PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF
SECTION 54956.9 OF THE GOVERNMENT CODE. NAME OF CASE:
CITY OF LA QUINTA, PETITIONER, V. LA QUINTA ARTS
FOUNDATION, RESPONDENT, USPTO TRADEMARK TRIAL AND
APPEAL BD., CANCELLATION CASE NO.: 92076446. NAME OF
CASE: LA QUINTA ARTS FOUNDATION, PLAINTIFF, V. CITY OF LA
QUINTA, DEFENDANT, US DIST. COURT, CENTRAL DISTRICT OF
CAL., CASE NO. 5:21-CV-515
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY
REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957,
COUNCIL APPOINTED POSITION – CITY MANAGER
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:04 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:10 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported no actions were taken for Closed Session Item
Nos. 1, 2, and 3 that require reporting pursuant to Government Code section
54950 et seq. (Brown Act); and Council will recess back to Closed Session to
consider Item No. 4 after the open session of the meeting.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Radi led the audience in the Pledge of Allegiance.
CITY COUNCIL MINUTES Page 3 of 9 MAY 4, 2021
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
The following citizens, listed in alphabetical order, provided WRITTEN PUBLIC
COMMENTS, including any received prior to the adjournment of the meeting
at 6:39 p.m., which have been distributed to Council, made publicly available,
and incorporated into the agenda packet:
1. Dunn, Nancy (La Quinta) – supports short-term vacation rentals (STVR)
and lifting the moratorium on new STVR permits.
2. Freedman, Annie (La Quinta) – supports STVRs and lifting the
moratorium on new STVR permits.
3. Mindy (no last name) (Los Angeles/La Quinta) – supports STVRs; and
requests Council consider lifting the moratorium on new STVRs permits
for homeowners who purchased properties in La Quinta during the
moratorium put in place due to COVID-19.
4. Sharrer, Dave (La Quinta) – supports STVRs; and requests Council
consider lifting the moratorium on new STVRs permits for homeowners
who purchased properties in La Quinta during the moratorium put in
place due to COVID-19.
5. Thompson, Marie (La Quinta) (2 comments) – opposes STVRs in
residential neighborhoods; and requests a permanent moratorium on
new STVR permits and STVR density regulations.
6. Victorino, Monica (La Quinta) – requests reconsideration of the
moratorium on homes previously permitted to operate as STVRs but
have changed ownership.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. PROCLAMATION IN RECOGNITION OF ALYSSA TORRES FOR HER
DEDICATED COMMUNITY SERVICE
Mayor Evans and Council presented a Proclamation honoring Alyssa Torres for
her dedicated community service, including organizing numerous campaigns
to solicit school supplies and non-perishable food, and volunteering for FIND
Food Bank, Martha’s Village and Kitchen, Martinez Elementary School in
Mecca, and Our Lady of Soledad Church.
CONSENT CALENDAR
1. APPROVE MEETING MINUTES DATED MARCH 2, 2021
2. APPROVE MEETING MINUTES DATED FEBRUARY 25, 2021
3. APPROVE MEETING MINUTES DATED JANUARY 27, 2021
4. APPROVE MEETING MINUTES DATED OCTOBER 20, 2020
CITY COUNCIL MINUTES Page 4 of 9 MAY 4, 2021
5. ADOPT ORDINANCE NO. 592 AMENDING SECTIONS 14.16.040
AND 14.16.110 OF THE LA QUINTA MUNICIPAL CODE
RESPECTIVELY RELATED TO UNAUTHORIZED ENCROACHMENT
IN THE PUBLIC RIGHT-OF- WAY AND LIABILITY FOR DAMAGES
6. ADOPT ORDINANCE NO. 593 AMENDING THE LA QUINTA
MUNICIPAL CODE BY REMOVING REFERENCE TO A “DARK SKY
ORDINANCE” FROM SECTION 5.80.060
7. Pulled by City Attorney Ihrke for a separate vote >>> ACCEPT OFF-
SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL
MAP NO. 37683, RESIDENCE INN BY MARRIOTT, LOCATED
SOUTH OF HIGHWAY 111 AND NORTH OF VISTA CORALINA LANE
8. ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO
COMPLETE ONSITE IMPROVEMENTS FOR PALO VERDE II
RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 33336) LOCATED
ON THE NORTH SIDE OF AVENUE 58 AND WEST OF MADISON
STREET [RESOLUTION NO. 2021-014]
9. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2021/22
INVESTMENT POLICY [RESOLUTION NO. 2021-015]
10. ACCEPT CITYWIDE MISCELLANEOUS AMERICANS WITH
DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2020-02
(COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO.
4.LQ.41.20) LOCATED ON THE EAST SIDE OF JEFFERSON STREET
SOUTH OF AVENUE 50 AND SOUTHWEST CORNER OF
WASHINGTON STREET AND AVENUE 47
11. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FISHER
INTEGRATED, INC FOR VIDEO STREAMING AND WEBSITE
HOSTING SERVICES RELATED TO PUBLIC MEETINGS
12. APPROVE AMENDED UTILITY AGREEMENT WITH THE CITY OF LA
QUINTA AND THE IMPERIAL IRRIGATION DISTRICT FOR THE
DUNE PALMS ROAD BRIDGE PROJECT 2011-05/111205 FOR
RELOCATION AND THE UNDERGROUNDING OF EXISTING
ELECTRICAL FACILITIES
13. APPROVE THIRD AMENDMENT TO MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY OF RIVERSIDE FOR A ONE-
YEAR EXTENSION FOR LIBRARY, MUSEUM AND MAKERSPACE
MANAGEMENT
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14. Pulled by Councilmember Peña for a separate vote >>> APPROVE
CHANGE ORDER NO. 1 TO CONTRACT WITH CONVERGINT
TECHNOLOGIES FOR THE CITYWIDE PUBLIC SAFETY CAMERA
SYSTEM (PSCS) PROJECT (PROJECT NO. 2020-03) FOR
INSTALLATION OF 12 STRAND FIBER, NEW CIRCUITS, CABLE
AND RADIO
15. APPROVE ADDENDUM NO. 2 TO THIRD AMENDMENT AND
RESTATEMENT OF JOINT POWERS AGREEMENT OF THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
ADMITTING THE TWENTYNINE PALMS BAND OF MISSION
INDIANS TRIBE AS A MEMBER
16. APPROVE DEMAND REGISTERS DATED APRIL 16, AND 23, 2021
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to approve Consent Calendar Item Nos. 1 – 6, 8 – 13, 15,
and 16 as recommended, with Item Nos. 8 and 9 adopting Resolution Nos.
2021-014 and 2021-015, and Item Nos. 5 and 6 adopting Ordinance Nos. 592
and 593, respectively. Motion passed unanimously.
CONSENT CALENDAR ITEM NO. 7
The recommended action for this item was amended by City Attorney Ihrke at
Confirmation of Agenda by including additional language to ensure the labor
and materials security is released upon recordation of the instrument
memorializing the reciprocal access to the Komar Desert Center.
MOTION – A motion was made and seconded by Councilmembers Peña/Radi
to approve Consent Calendar Item No. 7 accepting the off-site and on-site
improvements associated with Parcel Map No. 37683, Residence Inn Marriott;
authorize staff to release performance security upon recordation of an
instrument approved by the City Manager to memorialize the reciprocal access
to the Komar Desert Center; and direct staff to release, after recordation of
the instrument to memorialize reciprocal access to the Komar Desert Center,
the labor and materials security 90 days after City Council acceptance of the
improvements. Motion passed unanimously.
CONSENT CALENDAR ITEM NO. 14
COUNCILMEMBER PEÑA SAID HE WILL ABSTAIN FROM DISCUSSION
AND VOTE ON CONSENT CALENDAR ITEM NO. 14 DUE TO A POTENTIAL
CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL
PROPERTY TO THE PROJECT LOCATIONS
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PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY:
Tim (no last name) (La Quinta) – inquired about the status of the
installation of signs and notifications for the public regarding the camera
locations to help deter crime; inquired about the status of contacting
businesses to allow them an opportunity to opt-out; noted both of these
efforts should be completed prior to the system comes online; said he
subscribes to the monthly GEM local newspaper and there was no
mention of the PSCS in the City Manager’s message to the community;
one of the primary reasons for the PSCS was crime deterrence, and it
would be difficult to achieve that if the community is not aware of the
project.
City Manager McMillen said the installation of signs and notifications are part
of the process and Staff can provide an update on the projected timeline when
items are to be completed.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to approve Consent Calendar Item No. 14 approving Change
Order No. 1 in the amount of $70,710 to Contract with Convergint
Technologies for the Citywide Public Safety Camera System Project 2020-03
for installation of 12 strand fiber, new circuits, cable and radio; and authorize
the City Manager to execute the change order. Motion passed: ayes 4, noes
0, abstain 1 (Peña).
BUSINESS SESSION
1. APPROVE OUTSTANDING PENSION OBLIGATION FUNDING
OPTIONS AND ASSOCIATED BUDGET ADJUSTMENT
Financial Services Analyst Hallick presented the staff report, which is on file in
the Clerk’s Office.
Council expressed general support for funding Option No. 3 as presented in
the staff report.
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY:
John Hoffner, Financial Advisory Commissioner – said the Financial
Advisory Commission (FAC) has expressed support for funding Option No.
3 as well; he noted the FAC’s recommendation for the City to make an
additional discretionary payment towards its outstanding pension
obligations to CalPERS was based on several factors, including the return
on investment is greater than any other option available to the City at
this time, it does not impact the liquidity of City funds as additional
payments are discretionary based on surplus levels versus obligatory, the
City’s reserves are well funded, and the City’s pension funding is within
CITY COUNCIL MINUTES Page 7 of 9 MAY 4, 2021
an average range when compared to other municipalities in the same
group.
Council commended the FAC and Staff for their efforts and detailed fiscal
analysis.
Council expressed general consensus to increase the amount of additional
discretionary payment should the City’s fiscal projections allow it and to
accelerate the pay-off of the City’s unfunded pension liability.
MOTION – A motion was made and seconded by Councilmembers
Radi/Sanchez to approve funding Option No. 3 of additional discretionary
payment to outstanding pension obligations, consisting of $1 million additional
payment to the Classic Tier, $27,310 to Tier 2, and $86,510 to the PEPRA Tier,
for a total additional discretionary payment of $1,113,820 for fiscal year
2020/21, and associated budget adjustment. Motion passed unanimously.
STUDY SESSION
1. DISCUSS FISCAL YEAR 2021/22 PRELIMINARY PROPOSED
BUDGET
Interim Finance Director Martinez presented the staff report, which is on file
in the Clerk’s Office.
Council discussed the City’s investments in Information Technology were
critical in enabling Staff to provide continuity of services seamlessly by
transitioning fully to online services during the pandemic, and offer residents
the flexibility and convenience to conduct business online instead of in-person;
the budget review timeline, requested that Staff advertise this information on
all available web and social media platforms to ensure residents stay informed
of the process and have an opportunity to get engaged and participate, and
encouraged residents to ask questions and provide comments and
recommendations on the community’s priorities; the City’s continuous
investments in its capital improvement projects and infrastructure, and being
able to accelerate the Complete Streets Project and realize savings; and the
importance of the revenues generated by Measure G sales tax.
Council thanked Staff for the detailed presentation and said they look forward
to receiving comments and recommendations from the City’s Commissions
and the public during the future budget review study session discussions.
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2. SILVERROCK RESORT DEVELOPMENT PROJECT UPDATE AND
DEVELOPER PROGRESS TO CURE DEFAULT
SilverRock Development Company Project Manager John Gamlin and President
and CEO Robert Green presented the staff report, which is on file in the Clerk’s
Office, and provided an update on the project’s capitalization; proposed
amendments to the Purchase, Sale and Development Agreement; and
sequence of onsite project activities.
Council discussed the project’s financing; other project(s) completed by the
Robert Green Company and the project(s)’ performance during the pandemic;
the unusual high-winds recently in the Coachella Valley and the dust-control
efforts underway; and said they are looking forward to the next project
update.
PUBLIC HEARINGS – None
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Council commended the Riverside County Sheriff’s Department for their
efforts and dedication to the community to ensure safety and crime
prevention.
Mayor Evans reported on her attendance at the Palm Springs Air Museum 25th
Anniversary Gala event on April 30, 2021.
Mayor Evans reported on her attendance at the Desert Sands Unified School
District Education Foundation Fundraiser and 25th Annual Chili Cook-Off on
May 3, 2021.
Mayor Evans reported on hers and Councilmember Sanchez’s attendance at
the Greater Coachella Valley Chamber farewell reception held for former CEO
Josh Bonner.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2021, Councilmember Peña reported on his
participation in the following organization’s meeting:
IID ENERGY CONSUMERS’ ADVISORY COMMITTEE
CITY COUNCIL MINUTES Page 9 of 9 MAY 4, 2021
La Quinta’s representative for 2021, Mayor Pro Tem Radi reported on his
participation in the following organization’s meeting:
SUNLINE TRANSIT AGENCY
CLOSED SESSION – Continued
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY
REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957,
COUNCIL APPOINTED POSITION – CITY MANAGER
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 5:30 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 6:38 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported no actions were taken for Closed Session Item
Nos. 4 that require reporting pursuant to Government Code section 54950 et
seq. (Brown Act).
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 6:39 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California