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2021 10 05 CC MinutesCITY COUNCIL MINUTES Page 1 of 11 OCTOBER 5, 2021 CITY COUNCIL MINUTES TUESDAY, OCTOBER 5, 2021 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:02 p.m. by Mayor Evans. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted 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.). Also, out of an abundance of caution, due to a possible COVID-19 exposure during the Special Joint City Council and Planning Commission meeting held on September 28, 2021, this meeting was held virtually only and no in-person attendance was allowed. 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, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Community Resources Manager Calderon, Management Assistant Garcia, 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 PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson, Rancho Mirage – said the City was conducting this meeting via teleconferencing without having the proper protocols in place as required by Assembly Bill 361 (Stats. 2021, Ch. 165). CITY COUNCIL MINUTES Page 2 of 11 OCTOBER 5, 2021 PUBLIC COMMENT ON CLOSED SESSION ITEM NO. 1 PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke in opposition of Council’s deliberations under Closed Session Item No. 1 on the Agenda related to the threat to public services or facilities as it lacks transparency and limits public participation. City Attorney Ihrke said Government Code Section 54957, subdivision (a), expressly authorizes the Council to meet in closed session with certain enumerated officials, including the agency’s counsel (City Attorney) and their respective deputies or security consultants, whenever there is a threat to public services or facilities, which is the case under the current “State of Emergency” as proclaimed by the State of California and the City pursuant to the California Emergency Services Act and La Quinta Municipal Code. Mr. Ihrke noted that whenever there is action taken by the Council in closed session that requires reporting in accordance with the Brown Act, such actions are reported in full transparency during the open session portion of the meeting, and have included authorizations for the City Manager to issue several executive orders to address matters related to COVID-19. City Clerk Radeva noted that Council adopted Resolution No. 2021-035 at the September 28, 2021 special meeting, which made the required findings by AB 361 and authorized the City Manager to implement teleconference accessibility for conducting public meetings pursuant to AB 361, codified under Government Code Section 54953, which waive certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. CONFIRMATION OF AGENDA City Manager McMillen requested to pull Item Nos. 3 and 4 under the Announcements, Presentations, and Written Communications section of the Agenda, related to awards issued to the City from the American Public Works Association Southern California Chapter Coachella Valley Branch; these presentations will be scheduled for the October 19, 2021 regular Council meeting. Councilmembers Fitzpatrick and Sanchez requested to comment on Consent Calendar Item No. 3. Council concurred. CITY COUNCIL MINUTES Page 3 of 11 OCTOBER 5, 2021 CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE § 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) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:11 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 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 PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson, Rancho Mirage – said he experienced challenges being able to participate in prior public meetings via teleconference, he was able to hear the deliberations but was not able to speak; he is only able to participate via telephonic accessibility; he is aware he can submit written comments; and the City was conducting this meeting via teleconferencing without having the proper protocols in place as required by Assembly Bill 361 (Stats. 2021, Ch. 165). City Attorney Ihrke said AB 361 was an urgency bill signed into law on September 16, 2021, by the Governor of California which waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely, in the same manner that was provided for by the Governor’s CITY COUNCIL MINUTES Page 4 of 11 OCTOBER 5, 2021 Executive Order N-08-21 which expired September 30, 2021; and noted that Council adopted Resolution No. 2021-035 at the September 28, 2021 special meeting, which made the required findings by AB 361 and authorized the City Manager to implement teleconference accessibility for conducting public meetings pursuant to AB 361, codified under Government Code Section 54953. The following PUBLIC SPEAKERS, listed in the order in which they spoke, provided VERBAL COMMENTS VIA TELECONFERENCE ACCESSIBILITY in general opposition to the Wave at Coral Mountain Resort project:  Robert (Bob) Lasser, La Quinta  Carolyn Winnor, La Quinta  Nancy Bruce, La Quinta City Attorney Ihrke said Government Code Section 65000 et seq. related to Planning and Land Use provisions and regulations, sets forth processes that allow any property owner, or a person with property interest, to submit applications with the City for entitlement review, which broadly include general plan amendments, specific plans, zone changes, development agreements, etc.; noted that the Council will not discuss or take any action on matters brought by public comments provided under “Public Comment on Matters Not on the Agenda” as these matters are not agendized on the agenda; and generally explained the established review process for entitlement projects as set by state law. The following PUBLIC SPEAKERS, listed in the order in which they spoke, provided VERBAL COMMENTS VIA TELECONFERENCE ACCESSIBILITY in general opposition to the Wave at Coral Mountain Resort project:  Alena Callimanis, La Quinta  Robin Nenninger, La Quinta City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received by the following citizens, which were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting:  Edward Lister Smilow, La Quinta – opposing the Wave at Coral Mountain Resort project;  Nancy Dunn, La Quinta – requesting that Council lift the moratorium on new short-term vacation rental (STVR) permits for Homeshare permits;  Kay Wolff, La Quinta – related to Business Session Item No. 2 in support to increase the grant funding award for the Galilee Center. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Philip Bettencourt, La Quinta – said the La Quinta section of the CV Link regional project would provide great opportunities to connect the patrons of the BNP Paribas Open CITY COUNCIL MINUTES Page 5 of 11 OCTOBER 5, 2021 tennis tournament to La Quinta’s commercial centers, shopping, and dining along the Highway 111 corridor. City Clerk Radeva presented instructions on how to join Council meetings via teleconference using the Zoom platform and stated that instructions are also available on the City’s website and listed on the agenda. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION IN RECOGNITION OF NATIONAL FIRE PREVENTION WEEK – OCTOBER 3 – 9, 2021 Mayor Evans said the City has issued a Proclamation in recognition of National Fire Prevention Week; this year’s theme is “Learn the Sounds of Fire Safety”, and the campaign aims to educate everyone about the different sounds of smoke and carbon monoxide alarms make and what to do when those alarms go off. Mayor Evans said that annually on October 3rd , the flag of the United States is flown at half-staff in honor of the National Fallen Firefighters Memorial Service across the nation. Riverside County Fire Department Fire Safety Specialist Kohl Hetrick thanked Council for the recognition and gave a brief presentation on the “Learn the Sounds of Fire Safety” theme and the importance of ensuring that all fire detection devices are properly maintained and operational. CAL Fire/Riverside County Fire Department Deputy Fire Marshall Sonia Cooley spoke of the importance early notification fire alarms provide, particularly when folks are asleep. Riverside County Fire Department Eastern Desert Division Chief Bryan White stressed the importance of closing the door while folks are asleep as it slows down the flow path and the fire progression, should a fire incident occur. 2. COACHELLA VALLEY WATER DISTRICT (CVWD) PRESENTATION ON “COACHELLA VALLEY WATER MANAGEMENT: PLANNING AND IMPLEMENTATION” BY WATER RESOURCES MANAGER ZOE RODRIGUEZ DEL REY AND DIRECTOR OF COMMUNICATION AND CONSERVATION KATIE EVANS Ms. Rodriguez del Rey and Ms. Evans gave a presentation overview on CVWD’s Water Management Planning, 2022 Water Management Plan Update, Water CITY COUNCIL MINUTES Page 6 of 11 OCTOBER 5, 2021 Supply Assessments and Verifications, and Landscape Plan Checks and Water Budgets. 3. pulled from the Agenda and will be tabled for 10/19/21 Council meeting >>> AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER – COACHELLA VALLEY BRANCH – 2020- 2021 TRAFFIC & MOBILITY PROJECT OF MERIT AWARD FOR THE LA QUINTA VILLAGE COMPLETE STREETS – A ROAD DIET PROJECT 4. pulled from the Agenda and will be tabled for 10/19/21 Council meeting >>> AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER – COACHELLA VALLEY BRANCH – 2020- 2021 RECREATIONAL FACILITIES PROJECT OF MERIT AWARD FOR THE SILVERROCK PARK VENUE PROJECT CONSENT CALENDAR 1. APPROVE SPECIAL COUNCIL MEETING MINUTES OF SEPTEMBER 28, 2021 2. APPROVE DEMAND REGISTERS DATED SEPTEMBER 17 AND 24, 2021 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, INC. THROUGH SOURCEWELL COOPERATIVE PURCHASING FOR INSTALLATION OF SHADE STRUCTURES AT MONTICELLO PARK PROJECT NO. 2021-12 4. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 33336, PALO VERDE II, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 58 WEST OF MADISON STREET 5. ADOPT RESOLUTION TO ACKNOWLEDGE RECEIPT OF RIVERSIDE COUNTY FIRE DEPARTMENT’S ANNUAL INSPECTION REPORT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4 [RESOLUTION NO. 2021-036] 6. ADOPT RESOLUTION TO AUTHORIZE APPLICATION AND DESIGNATION OF THE CITY MANAGER AS AUTHORIZED AGENT FOR THE CITY FOR PURPOSES OF OBTAINING FEDERAL CITY COUNCIL MINUTES Page 7 of 11 OCTOBER 5, 2021 FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY [RESOLUTION NO. 2021-037] 7. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LAKE CAHUILLA ROAD PAVEMENT IMPROVEMENT PROJECT NO. 2021-07 CONSENT CALENDAR ITEM NO. 3 Councilmembers Fitzpatrick and Sanchez and Mayor Evans said they were pleased to see this item move forward, park shade structures are a priority for the community, especially during the hot summer months. CONSENT CALENDAR ITEM NO. 7 Mayor Evans said she was pleased to see this item move forward as well, as it is important to have the road repaired prior to the Ironman race in December 2021. Mayor Pro Tem Radi said it is important for La Quinta to take the lead to repair the road as it is immediately adjacent to the City’s boundaries, and it impairs the well-established image of La Quinta. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as recommended, with Item Nos. 5 and 6 adopting Resolution Nos. 2021-036 and 2021-037, respectively. Motion passed unanimously. BUSINESS SESSION 1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTION 3.25.055 OF THE LA QUINTA MUNICIPAL CODE RELATED TO NON-ISSUANCE OF NEW SHORT-TERM VACATION RENTAL PERMITS TO PROVIDE AN EXCEPTION FOR THE LA QUINTA RESORT TENNIS VILLAS [ORDINANCE NO. 596] City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. Council expressed support for this code amendment and noted that the Tennis Villas have historically operated as STVRs and were intended to operate as such within the La Quinta Resort. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to take up Ordinance No. 596 by title and number only and waive further reading. Motion passed unanimously. CITY COUNCIL MINUTES Page 8 of 11 OCTOBER 5, 2021 City Clerk Radeva read the following title of Ordinance No. 596 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE BY AMENDING SECTION 3.25.055 RELATED TO NON-ISSUANCE OF NEW SHORT-TERM VACATION RENTAL PERMITS TO PROVIDE AN EXCEPTION FOR THE LA QUINTA RESORT TENNIS VILLAS/TENNIS CONDOS MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to introduce at first reading Ordinance No. 596 as recommended. Motion passed unanimously. 2. APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2021/22 Community Resources Manager Calderon presented the staff report, which is on file in the Clerk’s Office. Councilmembers said they were pleased to see the continued use of the starter-grant option which allows organizations to come back in the future and request additional grant funding should their programs be successful; discussed the rationale used to allocate grant funding was focused on ensuring the La Quinta community specifically would primarily benefit from the programs and services offered, and the City separately provides substantial contributions to support a myriad of regional needs and efforts, including housing; and asked staff to explore other options the City should consider participating in the future. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY (listed in the order in which they spoke) thanked the City for the support and gave brief overview of the services and programs their organizations offer:  Liz Nabie, Director of Grant Development with Desert Arc  Maria Norman, Teacher with John Glenn Middle School  Rebecca Norton, Executive Director for Soroptimist House, Inc.  Justin Hickey, School-Age Director of Licensed Programs with YMCA of the Desert  Lupe Torres-Hilario, Director of Operations with Galilee Center At the beginning of the meeting City Clerk Radeva announced that WRITTEN PUBLIC COMMENTS for this item were received from Kay Wolff, La Quinta, related to the grant funding being provided to the Galilee Center, which were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting. CITY COUNCIL MINUTES Page 9 of 11 OCTOBER 5, 2021 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve first round Community Services Grants for a total of $21,500 for fiscal year 2021/22 as follows:  Academy of Musical Performance $2,500  Alzheimer’s Association $5,000  Assistance League of Coachella Valley $1,500  Desert Arc $5,000  Galilee Center $1,500  John Glen Middle School $500  Soroptimist House Inc. $500  YMCA of the Desert $5,000 Motion passed unanimously. 3. APPROVE VETERAN NOMINATIONS FOR INCLUSION ON THE VETERANS’ ACKNOWLEDGEMENT MONUMENTS AT CIVIC CENTER CAMPUS Community Resources Manager Calderon introduced Management Assistant Garcia who presented the staff report, which is on file in the Clerk’s Office. Council discussed honoring fallen Marine Corporal Hunter Lopez by adding his name on the veterans’ memorial monument, in the same way that US Army Staff Sergeant James Perez was honored in the past; adding a piece to the monuments dedicated to honoring Gold Star Families; adding Space Force veterans to the monument in the future; the Air Force and National Guard are branches of the US Army and importance to clarify this information on the Veterans Recognition Program application; and the recognition ceremony will be held in the courtyard at City Hall. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve veteran nominations for inclusion on the Veterans Acknowledgment monuments at the Civic Center Campus. Motion passed unanimously. 4. APPROVE AMENDMENT NO. 4 AND RELATED DOCUMENTS TO PURCHASE, SALE, AND DEVELOPMENT AGREEMENT WITH SILVERROCK DEVELOPMENT COMPANY, LLC. FOR SILVERROCK RESORT, AND REQUIRE DEVELOPER TO PRESENT MONTHLY PROGRESS UPDATES AT COUNCIL MEETINGS UNTIL FRAMING OF LUXURY HOTEL GUEST ROOMS IS COMPLETE SilverRock Development Company (SDC) President and CEO Robert Green provided a detailed presentation on the project’s progress and sequence of CITY COUNCIL MINUTES Page 10 of 11 OCTOBER 5, 2021 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. City Manager McMillen presented the staff report, which is on file in the Clerk’s Office. Council discussed Amendment No. 4 to the PSDA requires the developer to provide monthly updates to the Council and will cure the default; the City will be reviewing and approving scheduled changes, should there be any; scheduled completion dates pursuant to the terms of Amendment No. 4; thanked Mr. Green for the presentation; and noted the project’s progress has been remarkable. Mr. Green thanked the City for the collaboration, patience, and understanding. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve Amendment No. 4 and related documents to the Purchase, Sale, and Development Agreement with SilverRock Development Company, LLC. for SilverRock Resort; authorize the City Manager and City Attorney to (i) make minor revisions and additions as necessary that do not substantively change the business terms, and (ii) execute and implement said agreements and other documents necessary; and require developer to present monthly progress updates at council meetings until framing of Luxury Hotel guest rooms is complete. Motion passed unanimously. STUDY SESSION – None. PUBLIC HEARINGS – None. DEPARTMENTAL REPORTS – None. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Fitzpatrick reminded folks that animals must be on a leash when on public property, such as hiking trails, parks, etc. Mayor Pro Tem Radi noted that this is a state requirement as well. Mayor Evans said on Saturday, October 2, 2021, La Quinta High School (LQHS) Blackhawks held “local heroes” ceremony during halftime of the football game against Shadow Hills High School, and honored Marine Corporal Hunter Lopez, a 2017 LQHS graduate who was one of the 13 Marines killed in a bombing at the Kabul, Afghanistan, airport, and 2019 La Quinta graduate, CITY COUNCIL MINUTES Page 11 of 11 OCTOBER 5, 2021 Lance Corporal Salvador Lule, who was one of the 15 people injured in the blast. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2021, Mayor Evans reported on her participation in the following organization’s meeting:  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2021, Councilmember Peña reported on his participation in the following organizations’ meetings:  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE  LEAGUE OF CALIFORNIA CITIES – 2021 ANNUAL CONFERENCE La Quinta’s representative for 2021, Mayor Pro Tem Radi reported on his participation in the following organization’s meeting:  SUNLINE TRANSIT AGENCY ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 7:02 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California