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2021 07 20 CC Minutes CITY COUNCIL MINUTES Page 1 of 14 JULY 20, 2021 CITY COUNCIL MINUTES TUESDAY, JULY 20, 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, N-60-20, and N-08-21 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, Code Compliance/Animal Control Supervisor Meredith, Public Safety Manager Mendez, Community Resources Analyst Calderon, La Quinta Fire Chief Fish, Community Resources Manager Calderon, Public Works Director/City Engineer McKinney, Interim Finance Director Martinez, Financial Services Analyst Hallick, Design and Development Director Castro. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None. CONFIRMATION OF AGENDA Councilmember Peña asked to amend the motion for Consent Calendar Item No. 2 and requested that the consideration to authorize overnight travel to attend the League of California Cities Annual Conference in Sacramento, California, on September 22-24, 2021, include both, Councilmembers Sanchez and Peña, and authorize expenditures related with this travel. Council concurred. CLOSED SESSION 1. 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 CITY COUNCIL MINUTES Page 2 of 14 JULY 20, 2021 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 2. 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) 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 – 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) 5. 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) 6. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY 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 4:06 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): CITY COUNCIL MINUTES Page 3 of 14 JULY 20, 2021  CLOSED SESSION ITEM NO. 1 – no reportable action.  CLOSED SESSION ITEM NO. 2 – no reportable action.  CLOSED SESSION ITEM NO. 3 – no reportable action.  CLOSED SESSION ITEM NO. 4 – Council will recess back to Closed Session to continue consideration of this item after the Open Session of the meeting has concluded.  CLOSED SESSION ITEM NO. 5 – Council will recess back to Closed Session to continue consideration of this item after the Open Session of the meeting has concluded.  CLOSED SESSION ITEM NO. 6 – Council will recess back to Closed Session to continue consideration of this item after the Open Session of the meeting has concluded. PLEDGE OF ALLEGIANCE Mayor Pro Tem Radi and Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA The following PUBLIC SPEAKERS IN-PERSON, listed in the order in which they addressed the Council, spoke in opposition of the proposed Wave project at Coral Mountain and expressed concerns regarding the use of water resources the project would need to utilize in the midst of a drought and impacts of ambient lighting from the project to the nearby residential communities:  Alena Callimanis, La Quinta  Lisa Castro, La Quinta  Sheila Warren, La Quinta  Francine Roy, La Quinta PUBLIC SPEAKER IN-PERSON: Richard Spinelli, Vice President of the Santa Rosa Cove Homeowners Association (HOA), La Quinta – requested to also speak during Study Session Item No. 2 relating to the Short-Term Vacation Rental (STVR) noise monitoring device pilot program; noted he is aware that currently there is a moratorium on issuance of new STVR permits and inquired if Council would be revisiting this matter in the near future; said the Santa Rosa HOA, which allows STVRs pursuant to its CC&Rs has not yet issued a response to the City on whether or not its membership might be interested in requesting exemption from the City’s moratorium, but may do so in the near future; and asked if Council would be considering a potential code amendment to add provisions to the code allowing HOAs to apply for such and exemption. PUBLIC SPEAKER IN-PERSON: Brad Anderson, Rancho Mirage – said he wanted to provide public comment during the June 23, 2021, Special Joint Meeting of the City Council and Housing Authority during which residents’ interviews were CITY COUNCIL MINUTES Page 4 of 14 JULY 20, 2021 conducted and appointments made for residents to serve on various City and outside boards’ and commissions’ vacancies, but was not able to connect via the teleconference; asked Council to consider having a Councilmember serve on the Coachella Valley Mosquito Vector Control District. PUBLIC SPEAKER VIA TELECONFERENCE: Carolyn Winnor, La Quinta – spoke in opposition of The Wave project at Coral Mountain; and expressed concerns relating to use of water resources, impacts of ambient lighting from the project to the nearby residential communities, as well as noise and traffic impacts. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received by the following citizens, listed in alphabetical order, which were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting:  Elena Bonilla, La Quinta – in support of STVRs and lifting the moratorium on new STVR permits; and  Alma and Kevin Braga, La Quinta – in support of STVRs, lifting the moratorium on new STVR permits, and requested a specific date of when the moratorium might be lifted; and  Alena Callimanis, La Quinta - in opposition of The Wave project at Coral Mountain; and  Lisa Castro, La Quinta - in opposition of The Wave project at Coral Mountain; and  Carolyn Winnor, La Quinta - in opposition of The Wave project at Coral Mountain; and  Sheila Warren, La Quinta - in opposition of The Wave project at Coral Mountain ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT EASTERN DESERT DIVISION CHIEF BRYAN WHITE Eastern Deputy Operations Fire Chief Fish with Riverside County Fire Department, formerly La Quinta’s Fire Chief, introduced Eastern Desert Division Chief Bryan White who will be serving in the capacity of the Fire Department’s liaison for La Quinta, Indio, Coachella, and the eastern unincorporated areas of the county, as well as the liaison to the Federal Urban Search & Rescue Task Force which is based in Riverside. Mr. Fish expressed his gratitude for the opportunity to serve La Quinta. Mr. White said he was honored to have been selected to serve La Quinta in the capacity of Fire Chief and gave a brief presentation of his background and experience. 2. CERTIFICATES OF RECOGNITION FOR OUTGOING CITY COMMISSIONERS CITY COUNCIL MINUTES Page 5 of 14 JULY 20, 2021 Council expressed their gratitude to the outgoing Commissioners listed below and commended them for their time, dedication, services, and commitment, and presented them with Certificates of Recognition:  Philip Bettencourt (was not present) – Planning Commission  Taylor Libolt-Varner – Planning Commission  Michele McDonough – Housing Commission  Doriel Wyler – Community Services Commission  Brandon Marley (was not present) – Community Services Commission  Corry Hunter – Financial Advisory Commission  Daniel Twohey – Financial Advisory Commission  John Hoffner – Financial Advisory Commission  Steven Rosen (via teleconference) – Financial Advisory Commission CONSENT CALENDAR 1. APPROVE SPECIAL JOINT CITY COUNCIL AND HOUSING AUTHORITY MEETING MINUTES OF JUNE 23, 2021 2. AUTHORIZE OVERNIGHT TRAVEL FOR COUNCILMEMBER SANCHEZ TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 22-24, 2021 3. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND THE 2021 CAL TRAVEL SUMMIT IN HUNTINGTON BEACH, CALIFORNIA SEPTEMBER 12-14, 2021 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2021 5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2021 6. APPROVE DEMAND REGISTERS DATED JUNE 11, 18, 25, AND JULY 2, 9, 2021 7. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH LODGINGREVS FOR SHORT-TERM VACATION RENTAL PROGRAM SERVICES 8. ACCEPT ADAMS STREET RESTRIPING PROJECT NO. 2020-06, LOCATED ON ADAMS STREET BETWEEN MILES AVENUE AND FRED WARING DRIVE CITY COUNCIL MINUTES Page 6 of 14 JULY 20, 2021 9. APPROVE CHANGE ORDER NO. 15 TO CONTRACT WITH URBAN HABITAT FOR THE SILVERROCK PARK VENUE PROJECT AND ACCEPT SILVERROCK PARK VENUE PROJECT NO. 2016-08 Councilmember Peña requested that the motion for Consent Calendar Item No. 2 be amended to authorize overnight travel for both, Councilmembers Sanchez and Peña, to attend the League of California Cities Annual Conference in Sacramento, California, on September 22-24, 2021, and authorize expenditures related to this travel. Council concurred. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve the Consent Calendar as amended with Consent Calendar Item No. 2 authorizing overnight travel and related expenses for both, Councilmembers Sanchez and Peña, to attend the League of California Cities Annual Conference in Sacramento, California, on September 22-24, 2021. Motion passed unanimously. BUSINESS SESSION – None. STUDY SESSION 1. SILVERROCK RESORT DEVELOPMENT PROJECT UPDATE AND DEVELOPER PROGRESS TO CURE DEFAULT PUBLIC SPEAKER VIA TELECONFERENCE: Robert Green, President and CEO with SilverRock Development Company (SDC) said Mr. Bruce Maize, Chief Operating Officer of RGR and Josh Frantz, Senior Project Manager with SDC are attending in person and will provide an update on how the project is progressing through the permitting and development process, and the potential need of some temporary uses. PUBLIC SPEAKERS IN-PERSON: Mr. Maize and Mr. Frantz introduced themselves, and presented the staff report, which is on file in the Clerk’s Office; and provided a presentation on the proposed construction field office campus and related necessary temporary permits, and a detailed sequence of activities onsite for 1) Montage Hotel and Spa, 2) Montage Residences, 3) Conference and Share Services Building, 4) Golf Clubhouse, 5) Pendry Residences, and 6) Pendry Hotel; and a list of the extensive number staff member from SDC dedicated to this project. Council discussed adding a permit provision to require landscape screening around the construction field office campus; directed SDC to periodically reach out to the neighboring residential developments and provide updates about the CITY COUNCIL MINUTES Page 7 of 14 JULY 20, 2021 status of the project and dust mitigation measures; requested to schedule a meeting between the City, SDC, Mosaic, and the Montage team relating to the project; and the City has received the latest redlined version of Amendment No. 4 to the Purchase Sale and Development Agreement for review. 2. DISCUSS SHORT TERM VACATION RENTAL (STVR) NOISE COMPLIANCE DEVICE PILOT PROGRAM (PROGRAM) RESULTS AND FINDINGS Community Resources Director Escobedo presented the staff report, which is on file in the Clerk’s Office, noting three (3) vendors participated in the Program – Minut, NoiseAware, and Party Squasher, the Program was conducted from March 15 to June 15, 2021, and it included a total of 25 local STVR operators. Council discussed the Program would increase STVR operators’ accountability by allowing them to quickly address and resolve potential noise disturbances and decrease noise disturbance reports from the community to the City’s STVR hotline; the devise provided by Party Squasher has the capability to count personal electronic devices onsite, which could aid operators in monitoring occupancy compliance; the algorithm tracks and counts personal devices such as cell phones, iPads, and tablets when estimating the occupancy of a STVR; potential challenges that may arise if guests have multiple personal devices which would result in an inaccurate indicator for occupancy; and the personal device detection feature would be more useful for the larger estate STVR units where large gatherings occur. PUBLIC SPEAKER IN-PERSON: Tyler Fabschutz, Enterprise Sales Consultant with Minut – thanked Staff for the opportunity to participate in the Program; thanked the participants for their willingness to collaborate and for their patience with product placement; noted the importance of enacting smart legislation to ensure a STVR program is successful and minimizes bad actors. Mr. Fabschutz gave a brief presentation regarding Minut’s noise monitoring device and services which allow STVR operators to proactively monitor noise levels based on customizable thresholds on what constitutes a noise event; provide them with the tools to contact the guest either via SMS text message and auto call; activate flash and sound of the device; monitor the number of occupants in the unit through an infrared motion sensor feature (“crowd detect”) which notifies the operator once the set threshold is breached; importance of the effective placement of the device, which can be installed anywhere, such as the ceiling to maximize sensor detection and connectivity to router, and not only at an outlet; importance to set thresholds that are realistic and don’t result in the detection of false noise events; noise monitor devices help operators prevent the snowball effects of parties – noise complaints – property damage – trash – excessive cars; for purposes of the Program the threshold for a noise event was CITY COUNCIL MINUTES Page 8 of 14 JULY 20, 2021 set at 75 decibels; a total of 263 noise events were detected during the Program; 68% of detected noise events lasted less than 10 minutes; Minut’s response escalation process for addressing noise events is flexible and can be customized to meet each operator’s unique needs. General discussion followed about Minut’s future release of an outdoor noise monitoring device which is currently being developed. PUBLIC SPEAKER IN-PERSON: Eric Pace, Director of Partner Operations with NoiseAware – thanked the City for the opportunity to participate in the Program and introduced himself and CEO Andrew Schultz with NoiseAware attending via teleconference. PUBLIC SPEAKER VIA TELECONFERENCE: Mr. Schultz said NoiseAware was established with the objective to ensure the quiet and peaceful enjoyment of communities; said La Quinta’s Program has been the most successful one to date in which NoiseAware has participated; and gave a brief presentation on results of the Program, including the number of outdoor and indoor noise events detected; 82% of the noise events were detected outside; average local contact response time per noise event was 18 minutes; and noise detection threshold can be customized to meet each operator’s needs. Mayor Evans noted that the Program was conducted while Executive Order No. 9 was in effect pursuant to which no outside sound amplification was allowed at any time. Mr. Schultz spoke about the type of services the company offers, including NoiseAware’s device “Noise Risk Score” measurement feature which could help avoid unnecessary dispatch of City resources by allowing the City to verify if a noise event is occurring; NoiseAware’s response escalation process, including NightAgent notification services, which utilize NoiseAware staff to notify guests if a noise event is detected, instead of notifying the STVR operator; results from other pilot programs NoiseAware has participated in; and thanked the City and Staff for the opportunity to participate in the Program. Council discussed best STVR monitoring practices utilized by other cities to achieve noise compliance; the noise event threshold implemented for the Program was at 75 decibels for a set period of time; clarified that some of the detected noise events included general noise caused by everyday living and existence, which set off an alert but the noise did not sustain for the set threshold duration and this differentiated it from being considered a violation; ensuring that the City can prevent and mitigate noise events and ensure a peaceful environment for residents; the noise monitoring technology would allow the City to verify if a noise event occurred and to determine whether a complaint is false or not; without noise monitoring technology the City is not able to verify a noise CITY COUNCIL MINUTES Page 9 of 14 JULY 20, 2021 event if the noise stops before Code Compliance or the police are able respond onsite; preventative measures put in place to ensure that devices are tamper resistant and the measuring algorithms used by NoiseAware that allow noise events detection despite guests attempt to tamper with the device or muffle the sensors; importance of having third party access to the noise monitoring data while also ensuring compliance with privacy protection laws; importance to ensure guests are aware if the property has a noise monitoring device and consent to the release of data via their rental agreement with the STVR host; generally hosting platforms require STVR hosts to disclose if the property contains a noise monitoring device in the advertisement; NoiseAware’s response escalation process to detected noise events is based on the “Noise Risk Score,” in terms of how much it differentiates from the established threshold and the length of time, and the STVR hosts established priorities; indoor noise monitoring devices are easy to install and screw into a power outlet, outdoor devices are battery powered and installed via an adhesive; importance of ensuring the proper placement of the device to ensure proper detection of noise event; indoor devices are generally placed near a designated gathering space, and outdoor devices are usually placed near a pool or patio; NoiseAware’s monitoring devices are not able to differentiate noise types by design to ensure protection of privacy; the system is also designed in a manner that does not allow an employee or a hacker, who may have access to the system, to hear what is going on in anyone’s home; response escalation is triggered based on sustained noise detection above the established thresholds; noise monitoring devices do not replace the hosts’ responsibility in ensuring guests’ compliance and local contacts are responsive to complaints, and do not completely rely on noise monitoring vendors to address noise events; importance to gather data on how many hosts do not respond to alerts issued by the noise vendors; logistical challenges for property managers to monitor three separate devices and respond to three alerts simultaneously and to address noise events with guests to help mitigate the issue; NoiseAware’s business model to take on the initial text notification to the guest upon the detection of a noise event is not intended to alleviate hosts from the responsibility of handling the issue; NoiseAware’s system is able to alert guests via email, text message, or an app-alert based on set preferences; hosts can provide NoiseAware with guests’ contact information in order to facilitate such communications and currently hosts determine the escalation process, however the City may impose specific notification alert requirements. PUBLIC SPEAKER VIA TELECONFERENCE: Bill Evans, CEO with BlueZoo, Inc. aka Party Squasher – thanked the City for the opportunity to participate in the Program; commended the Council for seeking solutions to STVR challenges; gave a brief overview of the company’s history and primary clientele; noted Party Squasher monitoring devices are easy to install, are hardwired into the homes’ network via ethernet and do not rely on Wi-Fi signals, and are designed primary to detect occupancy based on the number of electronic devices onsite, instead CITY COUNCIL MINUTES Page 10 of 14 JULY 20, 2021 of detecting noise; monitoring occupancy provides the ability to detect early warning signs of parties and prevent noise events from occurring; costs associated with device installation offered by the competitors; Party Squasher devices can be installed in areas that can be locked and secured, such as closets, etc., without affecting its sensors and ability to count occupancy, thus eliminating any possibility of device tampering. Council discussed the potential need to have the Party Squasher device installed by a professional to ensure proper installation and cable connection to the router; this device would not be able to detect noise events if the number of occupants does not exceed the threshold; benefits of having both noise monitoring and occupancy tracking; occupancy tracking devices may produce inaccurate reporting by counting devices from neighboring properties that may be in close proximity, thus, are not well suited for condominium dwellings; the device is primarily geared for use at larger homes or estates; benefits of implementing occupancy tracking capabilities in tandem with the noise monitoring devices or camera systems. Council discussed the average battery life of Minut’s and NoiseAware’s noise monitoring devices and relevant low-battery notifications in place. PUBLIC SPEAKER IN-PERSON: Richard Spinelli, La Quinta – asked if the 25 Program participants were actively renting during the 90-day pilot period, which Staff affirmed; inquired if installing a noise monitoring device would be a requirement for current and new STVR hosts in order to obtain a permit, which Council explained is the purpose of this discussion and has yet to be determined; and thanked Council for their time. Mayor Evans noted the purpose of the Program and this Study Session was to gain an understanding of how the devices operate and what data is collected in order to determine if a noise monitoring device can aid the City in proactively addressing noise events. PUBLIC SPEAKER VIA TELECONFERENCE: Olivier Chaine, President with VRON- LQ, La Quinta – spoke about the organization’s purpose and its membership; thanked the Council for initiating this Program; expressed support for using noise monitoring and said that it’s a key component for responsible renting; noted that noise monitoring devices technology has significantly progressed over the years, particularly by offering automated guest and host alert features; and said VRON- LQ looks forward to working with the City in successfully expanding the STVR program. PUBLIC SPEAKER VIA TELECONFERENCE: Bruce Hoban, Co-Founder of VRON-PS – commended Council for their active involvement and questioning during tonight’s presentation; commended the City for conducting the Program; noted CITY COUNCIL MINUTES Page 11 of 14 JULY 20, 2021 that noise events are the number one complaint for STVRs valley-wide; and said that he would like to see a noise monitoring program that is manageable between the City, hosts, and guests go forward. Council expressed general consensus on moving forward with establishing a noise monitoring program for the City; commended the vendors for the detailed presentations and noted that noise monitoring data could curtail the use of City resources in addressing compliance; the data collected through the Program will aid the City in making informed decisions going forward; noted that noise event alerts should be sent to the guest, owner, and local contact or management company; notifications should consist of both text message and a phone call simultaneously; the location of where the device is installed should be verified; asked the City Attorney to provide guidance on how best to implement this program and ensure compliance with privacy protection laws; importance to clearly define the City’s objectives and expectations for this program; determine the characteristics and specification the devices must meet in order to be approved by the City; importance for the City to have access to the noise monitoring data to streamline the noise event verification process; and importance to implement tamper resistance device measures. Council asked whether noise or over occupancy was a more frequent violation. Code Compliance/Animal Control Supervisor Meredith said that approximately 44% of the complaints received by the City during the 90-day Program were related to noise and occupancy (this number does include complaints received for unlicensed STVR properties). The City received a total of 387 complaints during the Program period, of which 169 were related to noise and/or occupancy (70 were only noise related, 4 were only occupancy related, and 95 were related to both, noise and occupancy.) Further, during the same period, the City issued a total of 99 citations related to STVRs, of which 70 were for operating without a valid STVR permit. Staff noted that Minut and NoiseAware are actively working with the major hosting platforms to find ways to integrate their systems and allow for guests’ contact information to populate into the noise monitoring vendors’ notification system upon the completion of a booking. Council noted the importance that the hosting platform collaborate with the City to ensure that incorrect advertisements and unlicensed bookings do not occur; Council directed staff to schedule a subsequent Study Session and provide recommendations on how best to implement a noise monitoring program and related characteristics; receive an update from the City Attorney on achieving compliance related to privacy concerns; determine appropriate installation procedure and verification of the noise monitoring device to ensure proper CITY COUNCIL MINUTES Page 12 of 14 JULY 20, 2021 monitoring; said there is a greater need for outdoor monitoring devices; and noted the importance of having access to the monitoring data which would allow the City to effectively verify complaints. Council thanked the vendors and the 25 volunteer participants for their collaboration with the City and providing an opportunity to gather useful data that allows the City to make informed decisions that will ensure quality of life, and compliant and responsible STVR guests and operators. PUBLIC HEARINGS – None. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. DEPARTMENTAL REPORT ITEM NO. 9 Mayor Evans inquired about the statistics of mutual aid provided to other cities relating to fire services; and said two-thirds of La Quinta’s fire services are providing mutual aid to other cities. Eastern Desert Division Chief White said he can provide the data and mentioned that this will also be discussed in detail during Fire Services Matrix Study Session tabled for the August 3, 2021 Council meeting. Mayor Evans consented to conduct this discussion at the August 3, 2021 meeting and requested that the fire response services be broken down granularly. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña said he received serveral requests from residents for additional shade structures at City parks and various seating areas. City Manager McMillen said shade structures replacement and installations are incorporated into the City’s fiscal year 2021/22 budget and will be forthcoming. Mayor Evans said she received positive feedback from the community on the efficiency of various City services; noted the City’s investment in technology was critical and key in allowing Staff to provide continuity of operations during the pandemic; and thanked Staff for their hard work and dedication. Councilmember Sanchez said the Ninth Annual Lifestream Blood Bank Coachella Valley Nine Cities Blood Drive Challenge is from July 1 through August 31, 2021. Councilmember Sanchez said he spoke with the office of Assembly Member Mayes’s office relating pending legislation regarding the Imperial Irrigation CITY COUNCIL MINUTES Page 13 of 14 JULY 20, 2021 District which is moving forward; Mayor Evans expressed the Council’s support to Assembly Member Mayes for the proposed legislation. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2021, Mayor Evans reported on her participation in the following organization’s meeting:  CVAG EXECUTIVE COMMITTEE La Quinta’s representative for 2021, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2021, Mayor Pro Tem Radi reported on his participation in the following organizations’ meeting:  CVAG TRANSPORTATION COMMITTEE  SUNLINE TRANSIT AGENCY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AT 7:02 P.M. TO CONDUCT THE HOUSING AUTHORITY REGULAR QUARTERLY MEETING MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AND MOVED INTO CLOSED SESSION AT 7:09 P.M. CLOSED SESSION – Continued 4. 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) 5. 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) 6. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY CITY COUNCIL MINUTES Page 14 of 14 JULY 20, 2021 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:04 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. 4 – no reportable action.  CLOSED SESSION ITEM NO. 5 – no reportable action.  CLOSED SESSION ITEM NO. 6 – Council completed the City Attorney’s annual performance evaluation and reaffirmed his appointment. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 8:05 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California