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2021 08 03 CC MinutesCITY COUNCIL MINUTES Page 1 of 16 AUGUST 3, 2021 CITY COUNCIL MINUTES TUESDAY, AUGUST 3, 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, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Human Resources Analyst Triplett, Community Resources Manager Calderon, Management Analyst Calderon, Public Safety Manager Mendez, Senior Emergency Management Coordinator Johnston, Public Works Director/City Engineer McKinney, Interim Finance Director Martinez, Financial Services Analyst Hallick, Senior Planner Flores, Design and Development Director Castro; CAL Fire/Riverside County Fire Department Deputy Chief Robert Fish and Eastern Desert Division Chief Bryan White CITY CONSULTANTS: Robert Finn, Senior Manager with Matrix Consulting Group, and Terry Madsen, President with ClearSource Financial Consulting PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA City Manager McMillen requested to pull Consent Calendar Item No. 9 from consideration on tonight’s Agenda. CITY COUNCIL MINUTES Page 2 of 16 AUGUST 3, 2021 City Clerk Radeva said City Attorney Ihrke will make a verbal announcement on Consent Calendar Item Nos. 17, 19, and 20 regarding the salaries and fringe benefits of the City’s executive employees pursuant to the Brown Act [Government Code Section 54953(c)(3)]. Councilmember Peña said he will recuse himself and abstain from discussion and vote on Consent Calendar Item No. 6 due to a potential conflict of interest stemming from the proximity of real property interest to this project; and requested that the item be pulled for a separate vote. Council concurred. CLOSED SESSION 1. 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) 2. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENTAL 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) 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) 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 4:00 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 16 AUGUST 3, 2021  CLOSED SESSION ITEM NO. 1 – labor negotiations have concluded; and Council will consider these matters during the Open Session portion of the meeting under Consent Calendar Item Nos. 19 and 20 on tonight’s agenda;  CLOSED SESSION ITEM NO. 2 – no reportable action; and  CLOSED SESSION ITEM NO. 3 – no reportable action. PLEDGE OF ALLEGIANCE Councilmember Peña led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA (listed in the order in which they spoke) PUBLIC SPEAKER IN-PERSON: Alena Callimanis, La Quinta – spoke about the operations of the WADI Adventure Park in the United Arab Emirates and how it compares to the proposed Wave Park at Coral Mountain (Wave); the Coachella Valley Water District (CVWD) water assessment for the Wave; water evaporation calculations based on the Lemoore Surf Ranch as compared to the desert weather; water usage comparison between golf courses versus surf pool facilities; alternative recreational facilities that can be developed on the proposed site instead of the Wave; and noted the Wave would have an adverse impact on the neighboring residential communities. PUBLIC SPEAKER IN-PERSON: Kelly Welton, La Quinta – asked who would be responsible for addressing any noise complaints from residents related to the Wave; and provided a photo as a hand-out, which was included in the public record and agenda packet of the meeting, depicting the size of the Wave and its proximity to the adjacent Trilogy residential development. PUBLIC SPEAKER IN-PERSON: Wendy Clarke, La Quinta – a long-time Coachella Valley resident and 16 years in La Quinta; noted the Coral Mountain area provides little revenue for the City in comparison with other areas due to the Thermal redevelopment project; spoke about the developer’s request to rezone the area to Tourist Commercial which would generate transient occupancy tax revenue for the City, however, the Wave would adversely impact the quality of life of the existing residents in the adjoining communities due to the noise, broadcast music, short-term vacation rentals (STVRs), and special events that would be held; the surrounding communities are quiet residential, not a tourist destination, and it needs to be protected; the current drought conditions in California are not proper conditions for the Wave project which would use significant amount of water; the mutual responsibilities for everyone are to reduce water consumption, CVWD should deny all requests CITY COUNCIL MINUTES Page 4 of 16 AUGUST 3, 2021 requiring excessive amounts of water, the City should require studies that evaluate local evaporation rates, the actual noise at the site, and traffic studies that are post pandemic, the City should observe its 2035 General Plan – Livable Community that speaks to the long-term quality of life of its residents; change is inevitable, however, the Wave is beyond unreasonable; and asked the City to honor south La Quinta’s established communities, reject the Wave’s rezoning request as it would adversely impact the quality of life of the residents. PUBLIC SPEAKER IN-PERSON: Diane Rebryna, La Quinta – she and her husband love La Quinta, particularly its beautiful and tranquil southeast corner; has reviewed in detail the Draft Environmental Impact Report (EIR) for the Coral Mountain Resort, which was quite voluminous and intimidating, and difficult to evaluate all of the potential impacts on the surrounding communities; has also reviewed the 2021 California Environmental Quality Act (CEQA) Guidelines which was used to develop environmental impact reports; the Wave would adversely impact the residents of the surrounding communities due to the developer’s requests: 1) for sub-phased development based on market and consumer demand which may take a long time to complete construction, and 2) to hold special events, which would create noise and traffic impacts; the Wave is not a feasible project for the desert area due to the high temperatures, high evaporation rates, and during a drought; and noted there is a global movement underway to conserve water. PUBLIC SPEAKER IN-PERSON: Anast Demitt, La Quinta – said he is semi- retired forensics structural engineer; the Draft EIR is one of the worst technical documents he has read; a major concern was the section of the Draft EIR related to traffic as the traffic study included is flawed as it was conducted during COVID-19 and it underestimates the actual number of vehicle trips and related consequences; expressed concerns about the proposed 80’ tall light poles and anticipated light spillage onto the surrounding communities, as well as concerns about the proposed STVR use of the residential units of the development; the Wave is not compatible with the 2035 General Plan, particularly the section on Livable Community which addresses the long-term quality of life of the residents; and asked Council to read the Draft EIR which does not provide enough information with certainty to allow for rezoning and to ensure that there won’t be long-term life impacting consequences for the nearby residents. PUBLIC SPEAKER IN-PERSON: David Dinnel, La Quinta – spoke about egregious STVRs renters, particularly in instances when the host is not able to control the guests’ behavior, and possible collaboration with the City to apply enforcement and achieve compliance without adversely impacting the host’s ability to operate as STVR. CITY COUNCIL MINUTES Page 5 of 16 AUGUST 3, 2021 PUBLIC SPEAKER VIA TELECONFERENCE: Kathy Weiss, La Quinta – said the location proposed for the Wave project was not appropriate due to the potential adverse impacts caused by noise, Tourist Commercial zoning and operations, STVRs, hotel operations, etc., and it is not consistent with the nearby residential developments and the quiet quality of life; the proposed development timeline is 40 years; the Draft EIR incorrectly states that there would be no adverse effect to the surrounding communities; and requested that Council does not approve the Wave project. City Clerk Radeva noted that Ms. Weiss was donated additional speaker time by Derek Wong and Michael Stepp. 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:  Wendy Clarke, La Quinta – opposing the Wave project;  Diane Rebryna and Anast Demitt, La Quinta – opposing The Wave project;  Ruth Utti, La Quinta – requesting that Council consider amending the moratorium on STVRs to include the La Quinta Resort Tennis Villas in the moratorium exemptions. The following public speakers who provided verbal comments as listed above also submitted their comments/presentations to be included as WRITTEN PUBLIC COMMENTS for the public record and agenda packet of the meeting (the presentation materials are listed in the order in which they were presented by the public speakers):  Alena Callimanis, La Quinta  Kelly Welton, La Quinta  Wendy Clarke, La Quinta  Diane Rebryna, La Quinta  Anast Demitt, La Quinta  Kathy Weiss, La Quinta Council thanked the audience for their engagement, participation, and valuable comments; noted developers have the right to propose developments, and the City must go through the project review and consideration as prescribed by state law. CITY COUNCIL MINUTES Page 6 of 16 AUGUST 3, 2021 ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. ORGANICS RECYCLING PROGRAM EDUCATION UPDATE BY CLARA VERA, MUNICIPAL MARKETING MANAGER WITH BURRTEC WASTE & RECYCLING Vice President Frank Orlett with Burrtec Waste & Recycling introduced District Environmental Coordinator Mike Veto, who is the boots on the ground for La Quinta, and Municipal Marketing Manager Clara Vera who gave a brief presentation on Burrtec’s Commercial Waste Organics Program Compliance, focus, efforts, and objectives. Ms. Vera noted La Quinta is 98% compliant with the requirements of AB 1826, the mandatory Commercial Organic Waste Recycling law which requires businesses that generate specified amount of organic waste (compost) to arrange for organics collection services; this includes schools, hospitals, stores, restaurants, for-profit or nonprofit organizations, as well as multi-family dwellings with 5+ units; and commended La Quinta for its leadership, partnering and collaboration, and support of local businesses to achieve compliance and make an impact. 2. THE REIMAGINATION OF CHILDREN’S DISCOVERY MUSEUM OF THE DESERT – PRESENTATION BY CINDY BURRESON, CHIEF EXECUTIVE OFFICER WITH THE CHILDREN’S DISCOVERY MUSEUM Chief Executive Officer Cindy Burresom gave a brief overview of the activities and programs of the Children’s Discovery Museum of the Desert, including the Museum’s long-term expansion plan; asked the City for its support and assistance; noted that the Museum will be submitting a grant application; asked Council to participate on the Museum’s Board; explore opportunities to include funding for the Museum in future budgets; and provide opportunities for exposure. CONSENT CALENDAR 1.APPROVE MEETING MINUTES OF JUNE 15, 2021 2. APPROVE DEMAND REGISTERS DATED JULY 16 AND 23, 2021 3. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD MAINTENANCE AND/OR REPAIR WORK TO CREATIVE LIGHTING & ELECTRICAL, INC. FOR UP TO $100,000 IN FISCAL YEAR 2021/22, WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER CITY COUNCIL MINUTES Page 7 of 16 AUGUST 3, 2021 4. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD MAINTENANCE AND/OR REPAIR WORK TO VINTAGE ASSOCIATES, INC. FOR UP TO $100,000 IN FISCAL YEAR 2021/22, WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER 5. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD TO PWLC II, INC. UP TO $150,000 IN ADDITIONAL WORK IN FISCAL YEAR 2021/22, AS A SINGLE SOURCE FOR MEDIAN LANDSCAPE RESTORATION WITHIN THE LIGHTING & LANDSCAPE ASSESSMENT DISTRICT 89-1 AND FOR MAINTENANCE AND REPAIR WORK WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER 6. pulled for a separate vote by Councilmember Peña >>> APPROVE CHANGE ORDER NO. 2 TO CONTRACT WITH CONVERGINT TECHNOLOGIES AND ACCEPT CITYWIDE PUBLIC SAFETY CAMERA SYSTEM PROJECT NO. 2020-03 7. APPROVE CHANGE ORDER NO. 6 AND NO. 7 TO CONTRACT WITH JONES BROS CONSTRUCTION COMPANY FOR THE SILVERROCK WAY STREET IMPROVEMENTS PROJECT NO. 2014-13/141513 FOR SEWER AND WATER ADDITIONAL WORK REQUESTS AND AUTHORIZE THE RELEASE OF RETENTION FOR WORK COMPLETE 8. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT, LOCATED AT THE LA QUINTA TOPAZ DEVELOPMENT, ON THE SOUTH SIDE OF MILES AVENUE AND WEST SIDE OF DUNE PALMS ROAD (PROJECT NO. 2016-03F) 9. pulled from consideration by Staff >>> APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE JEFFERSON STREET AT AVENUE 53 ROUNDABOUT PROJECT NO. 2017-09 10. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE SILVERROCK RETENTION BASIN SOIL STABILIZATION PROJECT, LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND SILVERROCK WAY (PROJECT NO. 2020-07) CITY COUNCIL MINUTES Page 8 of 16 AUGUST 3, 2021 11. AWARD CONTRACT TO UNIVERSAL CONSTRUCTION ENGINEERING FOR THE EISENHOWER BASIN FENCE AND DRAINAGE IMPROVEMENTS PROJECT NO. 2017-04 12. APPROVE AGREEMENT FOR CONTRACT SERVICES FOR SHADE STRUCTURE FABRIC REPLACEMENT WITH SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, INC. THROUGH SOURCEWELL COOPERATIVE PURCHASING (PROJECT NO. 2019- 20) 13. APPROVE AMENDMENT NO. 1 TO CONTRACT AGREEMENT WITH DESERT LIMNOLOGISTS, INC. DBA SOUTHWEST AQUATICS FOR SILVERROCK EVENT SITE LAKE MAINTENANCE SERVICES (PROJECT NO. 2019-11) 14. APPROVE SHORT-FORM SERVICES AGREEMENT WITH ACORN TECHNOLOGIES, INC TO PROVIDE TRAFFIC INFRASTRUCTURE INFORMATION TECHNOLOGY SUPPORT SERVICES 15. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENTS AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30092, PIAZZA SERENA, A RESIDENTIAL DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF MONROE STREET AND AVENUE 58 16. APPROVE PURCHASE OF SEVEN UPFITTED VEHICLES THROUGH SOURCEWELL COOPERATIVE PURCHASING 17. ADOPT RESOLUTION TO RECLASSIFY ASSISTANT TO THE CITY MANAGER AND CITY CLERK TO DIRECTOR, AND APPROVE TWO EMPLOYMENT AGREEMENTS [RESOLUTION NO. 2021-027] 18. ADOPT RESOLUTION TO APPROVE THE EMPLOYEE BENEFIT PLAN AND SELECTION OF KEENAN AND ASSOCIATES AS THE CITY’S EMPLOYEE BENEFITS BROKER OF RECORD [RESOLUTION NO. 2021-028] 19. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION APPROVING THE HEALTH BENEFIT CAP OF $1,832.01 PER EMPLOYEE PER MONTH [RESOLUTION NO. 2021-029] CITY COUNCIL MINUTES Page 9 of 16 AUGUST 3, 2021 20. ADOPT RESOLUTION TO APPROVE THE HEALTH BENEFIT CAP OF $1,832.01 PER EMPLOYEE PER MONTH, FOR NON-REPRESENTED EMPLOYEES, NON-REPRESENTED MANAGEMENT, CONTRACT, AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2021-030] CONSENT CALENDAR ITEM NO. 6 COUNCILMEMBER PEÑA RECUSED HIMSELF AND SAID HE WILL ABSTAIN FROM DISCUSSION AND VOTE ON THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY INTEREST TO THE PROJECT LOCATION MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Consent Calendar Item No. 6 as recommended. Motion passed: ayes – 4, noes – 0, abstain – 1 (Peña). CONSENT CALENDAR ITEM NO. 9 – Mayor Evans noted that this item was pulled from consideration on tonight’s agenda. CONSENT CALENDAR ITEM NOS. 17, 19 AND 20 – Verbal Announcement City Attorney Ihrke reported, pursuant to Government Code Section 54953(c)(3), prior to taking final action, there shall be a verbal report on the summary of recommended final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits to any local agency executive, as defined by Government Code Section 3511.1, subdivision (d), during the open meeting in which the final action is to be taken. The recommendation of Consent Calendar Item No. 17 for the two management employees or “local agency executives,” as defined, the fringe benefits remain as reported out at the June 15, 2021 Council meeting; and the salaries, effective August 16, 2021, are as follows for the following positions: Position Proposed Salary Effective 8/16/2021 Director of Business Unit and Housing Development $143,887.60 City Clerk $143,887.60 The recommendations of Consent Calendar Item Nos. 19 and 20 are to approve fringe benefits in the form of a citywide health benefit cap increase CITY COUNCIL MINUTES Page 10 of 16 AUGUST 3, 2021 from $1,742 to $1,832.01 per employee, per month effective January 1, 2022. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve the Consent Calendar items 1-5, 7-8, and 10-20, with Item Nos. 17, 18, 19 and 20 adopting Resolution Nos. 2021-027, 2021-028, 2021-029, and 2021-030, respectively. Motion passed unanimously. BUSINESS SESSION – None. STUDY SESSION 1. SILVERROCK RESORT DEVELOPMENT PROJECT UPDATE AND DEVELOPER PROGRESS TO CURE DEFAULT SilverRock Development Company (SDC) President and CEO Robert Green presented the staff report, which is on file in the Clerk’s Office, and provided a detailed presentation on the project’s sequence of activities onsite for 1) Montage Hotel and Spa, 2) Montage Residences, 3) construction trailer onsite, 4) mass grading completion, 5) removal of abandoned CVWD lines, 6) Conference and Share Services Building, 4) Golf Clubhouse, 5) Pendry Residences, and 6) Pendry Hotel. Mr. Green noted that Josh Frantz, Senior Project Manager with SDC and Mr. Bruce Maize, Chief Operating Officer of The Rilington Group are in attendance; and introduced Mr. Stephen Gaines, Project Manager with SDC, who has been charged with the Golf Clubhouse and the renovation of the Ahmanson Clubhouse. Council discussed that CVWD does not have any responsibility for the water pipes that are onsite; the foundations for the Montage Spa building will be poured in the next couple of weeks. PUBLIC SPEAKER: Mr. Maize said the adjacent communities, the Hideaway, PGA West, and the Citrus, have been notified that if there are any questions or concerns about the activities on the SilverRock site to not hesitate and reach out. 2. REVIEW AND DISCUSS THE MATRIX FIRE SERVICES REPORT Public Safety Manager Mendez introduced Senior Emergency Management Coordinator and City Consultant Robert Finn, Senior Manager with Matrix Consulting Group, who presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 11 of 16 AUGUST 3, 2021 Council discussed the current fire services meet the need of the City. CALFIRE/Riverside County Fire East Desert Division Chief Bryan White noted the benefits of having the “Municipal Standard Staffing” model by employing Captain on each engine and the level of expertise, resources, and consistency of supervision that would be available to deploy for fire incidents, should it be needed; La Quinta currently has a Captain at each of the three fire stations and explained their responsibilities as they currently exist; and fire staffing trends throughout the cities in the Coachella Valley. Council discussed the City of Coachella plans to expand fire facilities and services to serve to ensure proper service for the numerous upcoming developments that have been approved; the main areas that receive mutual aid from La Quinta are Indio and Riverside County; and importance and benefits of having a regional protection model for deploying fire services. CALFIRE/Riverside County Fire Eastern Operations Deputy Chief Robert Fish spoke of the importance for county and local agencies to collaborate now and set the ground and properly plan for a future fire station that is likely to be needed in the south-east-end of the Coachella Valley, and identify land that would best serve the needs of the communities through the fire regional model; fire stations currently planned for construction or reconstruction; benefits of aligning regional and local common values and needs to establish the most efficient response system; statistics related to medical-response calls; and elaborated on the intangible benefits of the “Municipal Standard Staffing” model. General discussion followed regarding the fire priorities of “life, property, and the environment;” dynamic-based dispatch system that recommends a fire response specific to each incident and priority level; how the regional fire response system is deployed and operated; and false fire alarm incidents have not gone down and potential options for reduction. Council reached a consensus that the 4th fire station in the south-east-end of the Coachella Valley is a long-term vision; to explore further the “Municipal Standard Staffing” model; and identify options to increase frequency of fire prevention inspections of properties through a shared staffing model versus La Quinta having to add a full position. Council thanked everyone for the detailed and collaborative efforts in conducting the fire services study. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:30 P.M. CITY COUNCIL MINUTES Page 12 of 16 AUGUST 3, 2021 MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 6:36 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS – at 5:00 p.m. or shortly thereafter 1. ADOPT A RESOLUTION TO VACATE A PORTION OF THE SOUTHWEST CORNER OF AVENIDA MADERO AND CALLE TECATE PUBLIC RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 25 [RESOLUTION NO. 2021-031] Public Works Director/City Engineer McKinney introduced Associate Engineer Yu who presented the staff report, which is on file in the Clerk’s Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:38 P.M. PUBLIC SPEAKER: Gilda Brasch, La Quinta – objected to the proposed street vacation on her behalf and claimed to be objecting on the behalf of other neighbors on the street; Ms. Brasch alleged, among other claims, the vacation was gifting the applicant, Mr. Charles Welsh, public land; also alleged the environmental review findings, pursuant to the California Environmental Quality Act (CEQA), stated in the staff report were not applicable; Ms. Brasch also alleged that vacating the right-of-way was favoritism, claiming the land is being bequeathed to Mr. Welsh for no fee, and asked if Mr. Welsh had given a gift to any elected City official or City employee; and Ms. Brasch alleged that, if the street vacation is granted, she and other neighbors on the street will be raising a more formal objection. Council discussed they are familiar with the location as the City constructed a designated parking lot area to be used by citizens utilizing the Bear Creek Oasis and Cove Oasis trails located east of the sidewalk, which is the access point to the trails. Mayor and Councilmembers noted that neither knew Mr. Welsh nor have they ever received any gifts from him. Council discussed that this is not setting a precedent, as this is a standard procedure to vacate a public street right-of-way easement that is no longer required for construction of City roads. City Engineer McKinney said even though the right-of-way is dedicated for street purposes, the underlying fee interest in the property remained with the adjoining property owner, and since the roads have been constructed and the property is no longer needed for public streets, the easement is being vacated. CITY COUNCIL MINUTES Page 13 of 16 AUGUST 3, 2021 City Attorney Ihrke explained that a street vacation is a state prescribed process allowing Council to vacate use of public streets, sidewalks, or easements that are no longer needed, and it is stated in the resolution – Streets and Highways Code Section 8322 and 8320 et seq. – General Vacation Procedures; the exemption cited under CEQA Section 15301 Class 1(c) is valid and applicable as there is “negligible or no expansion of existing or former use” because all that this resolution approves is the vacation of the public street easement. City Engineer McKinney noted that a street vacation does not require a traffic study. City Attorney Ihrke clarified that vacating the property does not constitute the gifting of public funds as vacating a property is expressly allowed by state law; and the finding that is being made is that the City no longer has any use of the right-of-way for public use. City Engineer McKinney noted that the City has never received any requests from the public to use the subject property for any public use, and the City consulted with the utility companies which have also confirmed that they do not require any easement over the land either. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:48 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2021-031 to vacate a 1,267 square-foot portion of the southwest corner of Avenida Madero and Calle Tecate public right-of-way in the Santa Carmelita at Vale La Quinta Subdivision, Unit No. 25 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 1,267-SQUARE-FOOT PORTION OF THE SOUTHWEST CORNER OF AVENIDA MADERO AND CALLE TECATE PUBLIC RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 25 Motion passed unanimously. 2. ADOPT A RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2021-032] City Clerk Radeva introduced City Consultant Terry Madsen, President with ClearSource Financial Consulting, who presented the staff report, which is on file in the Clerk’s Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:56 P.M. CITY COUNCIL MINUTES Page 14 of 16 AUGUST 3, 2021 PUBLIC SPEAKER: Gretchen Gutierrez, CEO with the Desert Valley Building Association (DVBA), said the DVBA thoroughly reviewed the City’s fee study and is in support of the proposed 3.56% Consumer Price Index fee increase; and thanked the City for the opportunity to stay engaged and provide comments. General discussion followed regarding the unprecedented housing market and building industry conditions due to COVID-19. Council discussed the SilverRock Event Site Facility Rental Fees as proposed; different types of potential rental and event activities; and directed staff to revise the Master Fee Schedule to include rental rates for partial park area rentals and the SilverRock meeting room so that the rates correspond to rates for similar requests at the Civic Center Campus and Museum meeting room. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:14 P.M. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Resolution No. 2021-032 to update the City’s user and regulatory Master Fee Schedule as amendment pursuant to the requested revisions to the SilverRock Event Site Facility Rental Fees noted above: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES Motion passed unanimously. 3. ADOPT A RESOLUTION APPROVING SITE DEVELOPMENT PERMIT 2021-0003 (SDP-2013-924, AMENDMENT 2) TO AMEND SIGNATURE AT PGA WEST CONDOMINIUM RESIDENTIAL PLANS; CEQA: THE PROJECT IS CONSISTENT WITH PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT COMPLETED FOR EDEN ROCK AT PGA WEST SPECIFIC PLAN. LOCATION: WITHIN THE PGA WEST SPECIFIC PLAN AREA [RESOLUTION NO. 2021-033] Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:22 P.M. PUBLIC SPEAKER: Todd Cunningham, President with Woodbridge Pacific Group gave a brief update on the construction progress of the project and the CITY COUNCIL MINUTES Page 15 of 16 AUGUST 3, 2021 proposed changes for the condominium units, including revised architectural design, increased square footage, and outdoor space privacy. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:25 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to adopt Resolution No. 2021-033 approving new architectural plan set for condominiums for Signature at PGA West within the Eden Rock at PGA West Specific Plan Area and find the project consistent with previously certified Subsequent Environmental Impact Report as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT AMENDMENT FOR NEW CONDOMINIUM PLANS FOR SIGNATURE AT PGA WEST AND FINDING THE PROJECT CONSISTENT WITH SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CERTIFIED FOR EDEN ROCK AT PGA WEST Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. 3. CITY CLERK – CALIFORNIA GUBERNATORIAL RECALL ELECTION UPDATE – SEPTEMBER 14, 2021 Mayor Evans noted the importance of securing a ballot drop-off location in north La Quinta for the upcoming Gubernatorial Recall Election scheduled for September 14, 2021. City Clerk Radeva said staff has reached out to the Riverside County Registrar of Voters with the request but has not received a response yet. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña noted that Sarah Robles from Desert Hot Springs won a bronze medal for weightlifting in the 2020 Olympics held in Tokyo, Japan in 2021 and congratulated her on her achievement. Mayor Evans noted Scotty Burcham, a Palm Desert High School graduate, who has dual citizenship, played as a member of Israel’s baseball team in the 2020 Olympics. Mayor Evans said if any Councilmember is interested in serving on the Board of the Children’s Discovery Museum of the Desert to reach out to CEO Burresom. CITY COUNCIL MINUTES Page 16 of 16 AUGUST 3, 2021 REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2021, Councilmember Peña reported on his participation in the following organization’s meeting:  SUNLINE TRANSIT AGENCY (attended on behalf of Mayor Pro Tem Radi) Council discussed the Imperial Irrigation District Board of Directors formed the Coachella Valley Energy Commission, focused on the development of a long- term strategic plan for continued energy service for the Coachella Valley, and is looking for the member agencies to appoint representatives to serve on the Commission; Mayor Evans said she will be attending the first meeting scheduled for August 5, 2021, and the Council will consider the appointment after the summer recess. Councilmember Peña said he is willing to attend the Coachella Valley Mosquito and Vector Control District Board meeting while the City is in the process of filling its representative’s vacancy. Council concurred. ADJOURNMENT There being no further business, Mayor Evans adjourned the meeting at 7:37 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California