CC Minutes 2020-05-19 DP Mobile Estates PurchaseCITY COUNCIL MINUTES Page 1 of 16 MAY 19, 2020
CITY COUNCIL
MINUTES
TUESDAY, MAY 19, 2020
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:01
p.m. by Mayor Evans.
This meeting was held by teleconference pursuant to Executive orders N-25-
20, N-29-20, N-33-20, and N-35-20, executed by the Governor of California
in response to the state of emergency relating to novel coronavirus disease
2019 (COVID-19) and enabling teleconferencing accommodations by
suspending or waiving specified provisions of the Ralph M. Brown Act
(Government Code § 54950 et seq.).
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk
Radeva, Marketing Manager Graham, Finance Director Romero, Assistant to
the City Manager Villalpando, Community Resources Director Escobedo,
Design and Development Director Castro, and Riverside County Sherriff’s
Department Lieutenant Buompensiero.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA
Mayor Evans requested to add the following two items under Announcements,
Presentations, and Written Communications section of the Agenda:
Proclamation declaring May 2020 as Mental Health Month; and
Certificate of Appreciation in honor of Coachella Valley Agricultural Week
and Farmworker Appreciation.
Council concurred.
CLOSED SESSION
1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO
SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957.
CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR
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CITY COUNCIL MINUTES Page 2 of 16 MAY 19, 2020
EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE,
CITY ATTORNEY
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF
GOVERNMENT CODE SECTION 54956.9. NAME OF CASE: CITY OF
LA QUINTA V. CHIN FAMILY PROPERTIES LIMITED
PARTNERSHIP, ET AL., RIVERSIDE COUNTY SUPERIOR COURT
CASE NO. PSC1803284
3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF
COMMUNITY RESOURCES, AND EMPLOYEE ORGANIZATION: LA
QUINTA CITY EMPLOYEES’ ASSOCIATION, AND
UNREPRESENTED EMPLOYEES (VARIOUS POSITIONS IN ALL
CITY DEPARTMENTS)
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:05 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:06 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke said the City Council considered the Closed Session items
out of Agenda order and reported the following pursuant to Government Code
Section 54950 et seq. (Brown Act):
CLOSED SESSION ITEM NO. 3 – the City Negotiator provided the City
Council with an update on labor negotiations, and pursuant to
Government Code Section 54957.1, subdivision (a)(6), negotiations
between the City and the La Quinta City Employee’s Association have
concluded, and the proposed Side Letter Agreement resulting from the
negotiations is on the Agenda tonight as Business Session Item No. 1
for review and consideration; and
CLOSED SESSION ITEM NO. 1 – the City Council discussed the threat
to public services and closure of facilities caused by the threat of the
spread of novel coronavirus disease 2019 (COVID-19), and received an
update on Round II COVID-19 Small Business Emergency Economic
Relief Program (Program), previously authorized by the City Council on
May 5, 2020, consisting of the Ad-hoc Committee’s recommendations
on the applicants who would be awarded loans under the Program.
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CITY COUNCIL MINUTES Page 15 of 16 MAY 19, 2020
and other relevant hygiene practices, in order to limit the spread of
COVID-19. Motion passed unanimously.
MOTION – A motion was made and seconded by Councilmembers
Radi/Sanchez to express Council’s support of the “Safer Together.
Greater Together.” Tourism Pledge as drafted and developed by the
Greater Palm Springs Convention and Visitors Bureau, and to proceed
accordingly. Motion passed unanimously.
CLOSED SESSION ITEM NO. 2 – pursuant to Government Code
Section 54957.1, subdivision (a)(3), the City Council received and
reviewed a copy of a settlement agreement from the defendant, Chin
Family Properties Limited Partnership (Defendant), the substance of
which involves the settlement of the pending eminent domain case and
acquisition of real property for right of way, preservation of housing
stock, and other public purposes.
The Substance of the settlement agreement is summarized as follows:
The pending roadway right-of-way and bridge project right-of-way
properties would be acquired by the City along with the remainder
of the real property (land and amenities) owned by the Defendant
at 46400 Dune Palms Road, commonly known as the Dune Palms
Mobile Home Park; and
Except for the right-of-way portions of the real property, there
would be no change in use, no relocation of mobile home park
residents, and no other modifications to existing tenants’
leaseholds interests by entering into this agreement; and
Public purposes for acquisition of mobile home park include
meeting current and projected Regional Housing Needs
Assessment (RHNA) numbers, preserving and promoting
affordable housing, and facilitating Senate Bill 330 (2019)
compliance; and
All-inclusive purchase price for the real property is $6,125,000 to
be acquired by use of restricted affordable housing funds; and
Part of the purchase price would be deposited into the state-
administered condemnation fund and would be used to acquire
the right-of-way, even if escrow does not close for the mobile
home park; and
Acquisition of all real property would be through an independent
escrow, with a due diligence period of 180 days, following the
opening of escrow, which would allow for environmental
inspection and other inspections; and
City has sole discretion to approve the inspections and accept any
conditions on title; and
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CITY COUNCIL MINUTES Page 16 of 16 MAY 19, 2020
Multiple representations and warranties for the City’s benefit are
provided by the Defendant concerning the condition of the real
property, as the property will be accepted “as-is” except as
provided in the agreement; and
If the City does not acquire the entire real property for the mobile
home park, the agreement allows the eminent domain action to
proceed for final roadway and bridge project right-of-way
acquisition.
MOTION – A motion was made and seconded by Councilmembers
Radi/Sanchez to approve and execute the settlement agreement subject
to non-substantive corrections for signature blocks for Defendant, and
other non-substantive corrections for insertions to exhibits. Motion
passed unanimously.
If and when the settlement agreement is completely signed and final,
upon inquiry of any person, the terms and conditions of the agreement
are subject to disclosure and would be available for inspection as a
public record.
Council encouraged businesses to partake in the CVB’s Tourism Pledge.
Council noted that the public comments received from the residents do not
fall on deaf ears, and Council is here to serve the community, and do what is
in the best interest and safest for the entire community.
Council noted Memorial Day is coming up, and the community will honor those
we’ve lost over the years that have served our country and have allowed us
to live in the freedoms that we are trying to get more of during this pandemic.
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 10:34 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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