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2021 10 19 CC MinutesCITY COUNCIL MINUTES Page 1 of 16 OCTOBER 19, 2021 CITY COUNCIL MINUTES TUESDAY, OCTOBER 19, 2021 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 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.). PRESENT IN-PERSON: Councilmember, Peña, Radi, Sanchez, Mayor Evans PRESENT VIA TELECONFERENCE: Councilmember Fitzpatrick ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Management Assistant McGinley, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Community Resources Manager Calderon, Management Analyst Calderon, Human Resources Analyst Triplett, Public Safety Manager Mendez, Public Works Director/City Engineer McKinney, Associate Engineer Yu, Management Analyst Kinley, Interim Finance Director Martinez, Interim Accounting Manager Hallick, Design and Development Director Castro, Planning Manager Flores, Hub Manager Sanchez, and Riverside County Sheriff’s Department Lieutenant Buompensiero PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed 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) CITY COUNCIL MINUTES Page 2 of 16 OCTOBER 19, 2021 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION (U.S.D.C. CASE NO. 1:17-CV-2804) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AND MOVED INTO CLOSED SESSION AT 3:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:02 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. 1 – no reportable action; and  CLOSED SESSION ITEM NO. 2 – this federal lawsuit involves multiple states, including the State of California, through their respective Attorneys General against distributors and manufacturers of opioid pharmaceuticals, alleging among other claims that the actions of these distributors and manufacturers led to significant impacts on public health services in the various states from overdoses and other adverse health effects related to prescriptive opioid use or abuse. The City was not a party to the litigation. It was recently announced that a global settlement was reached, resulting in $26 Billion Dollars payable to states and their political subdivisions (mainly counties and cities) over a period of 18 years, with Riverside County estimating a gross recovery amount of approximately $85 Million Dollars from this global settlement amount. Pursuant to the terms of the global settlement, there is a two-step process for participating in the receipt of settlement funds: First, a state must “opt-in” to participate; the State of California has opted-in to participate. Second, the State’s political subdivisions (counties and cities) must opt- in to participate to be eligible to receive funds, either with the City directly receiving funds or directing the City’s share of the funds (in whole or in part) to be allocated to Riverside County; the county itself may also opt- in. Funds received from the settlement must be used for opioid remediation and prevention, such as support and treatment for Opioid Use Disorder and related substance abuse issues; providing connections to care for CITY COUNCIL MINUTES Page 3 of 16 OCTOBER 19, 2021 persons who have or are at risk of developing Opioid Use Disorder, and support efforts to discourage or prevent misuse of opioids. After receiving a summary of the litigation and global settlement from the City Manager and City Attorney, Council took the following action: MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to affirmatively have the City opt-in and participate in the global settlement for the identified litigation, and authorized the City Manager, or authorized designee, to take any and all necessary or appropriate actions on behalf of the City to participate in the global settlement, with the funds to be directed to the City. Motion passed unanimously. MAYOR EVANS NOTED THAT COUNCILMEMBER FITZPATRICK IS ATTENDING TONIGHT’S MEETING VIA TELECONFERENCE IN ACCORDANCE WITH RESOLUTION NO. 2021-035 PURSUANT TO AB 361 PLEDGE OF ALLEGIANCE Councilmember Peña led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Alena Callimanis La Quinta – provided comments related to the Coachella Valley Water District Indio Subbasin Water Management Plan draft update, and the importance of water preservation and implementing measures to limit water waste; and new developments in La Quinta should not require a significant zone change to a Tourist Commercial Zone District adjacent to existing residential neighborhoods. PUBLIC SPEAKER: Judy Hovjacky, La Quinta – spoke about the close proximity of the new residential development underway, Cantera at Coral Mountain, by Beazer Homes developer, to the proposed Wave at Coral Mountain Resort project; noted MSA Consulting, Inc. is a consultant for both projects; said the Draft Environmental Impact Report for the Wave project must be redone as this proposed project and zone change are going to significantly impact the residents of the Cantera development. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Philip Bettencourt, La Quinta – thanked Desert Sun Reporter Sherry Barkas for the article she published in the newspaper, announcing the upcoming opening of Grocery Outlet at the La Quinta Village shopping center, located at the southwest corner of Washington Street and Calle Tampico; and noted he was pleased to CITY COUNCIL MINUTES Page 4 of 16 OCTOBER 19, 2021 hear this wonderful news and Grocery Outlet would be a great addition to the community. Mayor Evans said WRITTEN PUBLIC COMMENTS were received from Walter Tahmasian, La Quinta, requesting that the moratorium on new short-term vacation rental (STVR) permits be lifted, which were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER – COACHELLA VALLEY BRANCH – 2020- 2021 TRAFFIC AND MOBILITY PROJECT MERIT AWARD FOR THE LA QUINTA VILLAGE COMPLETE STREETS – A ROAD DIET PROJECT Mayor Evans provided a brief description of this project; Council thanked the La Quinta community, Staff, and City Consultants for the engagement and work on the project; and congratulated the City on receiving this prestigious award. 2. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER – COACHELLA VALLEY BRANCH – 2020- 2021 RECREATIONAL FACILITIES PROJECT MERIT AWARD FOR THE SILVERROCK PARK VENUE PROJECT Mayor Evans provided a brief description of this project; Council thanked the La Quinta community, Staff, and City Consultants for the engagement and work on the project; and congratulated the City on receiving this prestigious award. 3. PRESENTATION OF NEW BRANDING FOR SILVERROCK RESORT PROJECT BY ROBERT GREEN, PRESIDENT AND CEO OF SILVERROCK DEVELOPMENT CO. President and CEO Robert Green with SilverRock Development Co. announced that the SilverRock Resort project was being rebranded and renamed to TALUS, and provided a detailed presentation of the project and amenities it would bring to the La Quinta community. Council commended the developer’s efforts on the project and the progress that has been made in moving it along to construction; and noted they are looking forward to seeing the project come to fruition. CITY COUNCIL MINUTES Page 5 of 16 OCTOBER 19, 2021 Council recognized Landmark Golf Management, LLP (Andy Vossler) for their vision and impeccable services over the years in maintaining the SilverRock golf course and servicing the La Quinta community. Mr. Green introduced the following staff members with the Robert Green Company (RGC) and SilverRock Development Company:  Patrick Russell, Senior Vice President of Development  Rick Bailitz, Project Manager  Josh Frantz, Project Manager  Kelly Amman, Superintendent (RGC)  Heather Studer, Senior Project Accountant  Paula Edwards, Purchasing Manager  Taelynn Dalle, Assistant Project Manager  Kaleena Klimeck, Assistant Project Manager  Wyatt Green, Development Intern  Alana Brennan, Marketing Manager  Bruce Maize, COO (RGC)  Stephen Gaines, Project Manager COUNCILMEMBER FITZPATRICK LEFT THE MEETING AT 4:45 P.M. DUE TO TECHNICAL DIFFICULTIES RELATED TO THE TELECONFERENCE CONNECTION CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF OCTOBER 5, 2021 2. APPROVE SPECIAL JOINT COUNCIL AND PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 28, 2021 3. APPROVE COUNCIL MEETING MINUTES OF AUGUST 3, 2021 4. ADOPT ORDINANCE NO. 596 ON SECOND READING 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] 5. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) CITY COUNCIL MINUTES Page 6 of 16 OCTOBER 19, 2021 6. APPROVE AMENDMENT TO FIRE SERVICE AGREEMENT TO ADD A FIRE MARSHAL INSPECTOR POSITION 7. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD FUTURE WORK TO DESERT CONCEPTS CONSTRUCTION FOR FISCAL YEAR 2021/22 WHEN THEY ARE THE LOWEST AND/OR QUALIFIED BIDDER 8. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52 WEST OF MADISON STREET 9. APPROVE DEMAND REGISTERS DATED OCTOBER 1 AND 8, 2021 MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to approve the Consent Calendar as recommended, with Item No. 4 adopting Ordinance No. 596. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Fitzpatrick). BUSINESS SESSION 1. INTERVIEW AND APPOINT RESIDENTS TO FILL VACANCIES ON THE FINANCIAL ADVISORY COMMISSION (FAC) AND THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT’S (CVMVCD) BOARD OF TRUSTEES Council waived presentation of the staff report, which is on file in the Clerk’s Office. Mayor Evans thanked all applicants for their willingness to serve the City and explained the process the Council follows in conducting interviews and appointing members. FAC candidate Shelley Mast gave a brief presentation of her experience and qualifications. Council waived the ballot vote as there was only one candidate. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to appoint Shelley Mast to the Financial Advisory Commission to fill an unexpired term ending June 30, 2023. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Fitzpatrick). CITY COUNCIL MINUTES Page 7 of 16 OCTOBER 19, 2021 City Clerk Radeva noted that the CVMVCD Board of Trustees (Board) is a regional agency and not a City established board, and Council has the authority to appoint, by majority vote, a member of the City Council instead of a resident to serve on the Board. COUNCILMEMBER FITPATRICK RE-JOINED THE MEETING AT 4:50 P.M. VIA TELEPHONE TELECONFERENCE ACCESSIBILITY CVMVCD candidate Richard Gray gave a brief presentation of his experience and qualifications. Councilmember Peña said he had expressed interest to serve on the CVMVCD Board during prior Council meetings and that three (3) other Coachella Valley cities have Members of their respective City Councils serving on the Board. Council expressed unanimous consensus to change the City’s representation on the CVMVCD Board from a resident to a Councilmember. RESULTS OF THE BALLOT VOTE on whether to appoint a resident to serve on the CVMVCD – unanimous consensus not to appoint a resident: Councilmember Fitzpatrick – No Councilmember Peña – No Councilmember Sanchez – No Mayor Pro Tem Radi – No Mayor Evans - No MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to appoint Councilmember Peña as the La Quinta representative on the Coachella Valley Mosquito and Vector Control District Board for an unexpired term ending December 31, 2021, and a full four (4)-year term from January 1, 2022, through December 31, 2025. Motion passed unanimously. 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ACTION PARK ALLIANCE INC. FOR X-PARK MANAGEMENT AND MAINTENANCE SERVICES AND APPROPRIATE ADDITIONAL FUNDING Community Resources Director Escobedo introduced Management Analyst Calderon who presented the staff report, which is on file in the Clerk’s Office. Council discussed the proposed user fee structure and operational hours. PUBLIC SPEAKER: Mark Laue, Executive Director with Action Park Alliance, LLC. (APA) – spoke about APA’s history and extensive experience managing skate parks, as well as APA’s business model, including operations, marketing, CITY COUNCIL MINUTES Page 8 of 16 OCTOBER 19, 2021 staffing, certifications, safety measures, COVID-related protocols, programing, clinics, hosting of special events, youth development, etc.; and outlined the benefits of contracting-out the management and operations of the La Quinta X-Park which would reduce liability for the City. Council discussed skating as an Olympic sport; the X-Park is unique not only because of its size but also because of its superior design which includes a category for all users; special events and competitions; community-focused events; sponsorships; weekly programming; user fees; membership volumes; snacks and concession stands; bring back for further Council discussion guidelines and policies for managing and approving sponsorships; importance to have marketing consistency; proposed schedule of operations and closure days; eventually would like to see the park being opened seven (7)-days a week; different liability waivers for minor-users versus adult-users; importance to develop analytics of users’ profiles; park maintenance; the proposed agreement, if executed, can be amended based on potential cost off-sets due to sponsorships; and construction of the park is anticipated to conclude in December 2021 or early in 2022. MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to approve Agreement for Contract Services with Action Park Alliance Inc. for X-Park management and maintenance; and authorize the City Manager to execute the agreement. Motion passed unanimously. 3. APPROPRIATE FUNDS AND APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH TYLER TECHNOLOGIES, INC. FOR THE PURCHASE, IMPLEMENTATION, AND MAINTENANCE OF PERMITTING AND BUSINESS LICENSE SOFTWARE Management Analyst Kinley and Hub Manager Sanchez presented the staff report, which is on file in the Clerk’s Office. Council discussed the proposed permitting software change and enhancements are a step in the right direction; users will be able to obtain parcel information, including zoning designations and General Plan allowed uses, from the City’s map layer data, which would be available to the public, and follow a guided process on what would be required for different permit submittals; the software can be customized to meet the City’s needs and processes; anticipated transition schedule and timeline; compatibility with the City’s current financial software; automating the processing of business licenses; and importance of security safeguards and measures. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Chuck Newberry, Senior Account Executive with Tyler Technologies, Inc. – said the Tyler CITY COUNCIL MINUTES Page 9 of 16 OCTOBER 19, 2021 software is equipped with the most up-to-date security options and protections available on the market; data security is a main priority; and there has never been a data breach on any Tyler Technologies’ client. Council discussed the transition will be a phased process; priority should be automating the submittal and processing of business licenses hopefully by July 2022; use of grant funding for the acquisition of this software enhancement; and compatibility with the City’s current computer and software infrastructure. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve Amendment No. 2 to Agreement for Contract Services with Tyler Technologies, Inc. for the purchase, implementation, and maintenance of EnerGov Software for permit, business license and reporting software for a total not to exceed amount of $752,000 for a three-year term; authorize the City Manager to execute the contract; and appropriate $350,000 from the Information Technology Fund Balance for fiscal year 2021/22. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:17 P.M. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 6:30 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS – at 5:00 p.m. or shortly thereafter – taken out of Agenda order 1. CONTINUED FROM SEPTEMBER 21, 2021 – RECONSIDERATION TO ADOPT RESOLUTION TO VACATE A PORTION OF THE INTERSECTION OF AVENIDA MADERO AND CALLE TECATE PUBLIC RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 25 [RESOLUTION NO. 2021-038] 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 6:35 P.M. PUBLIC SPEAKER: Charles Welsh, property owner and Applicant, La Quinta – listed the several objections raised by residents in opposition of this proposed street vacation, including allegations that the City is gifting the land to the owner, the lot is part of the public sidewalk, the public hearing notice was not properly noticed and the onsite postings were too small, the lot is a traffic hazard, the City should purchase the lot instead, and rumors being spread that the owner would not build a nice house on the lot, all of which are not true; said he and his wife look forward to building and establishing their home CITY COUNCIL MINUTES Page 10 of 16 OCTOBER 19, 2021 in La Quinta; he has spoken with La Quinta resident Gilda Brasch, who owns a home nearby, and has indicated that he would have communicated with her from the beginning about any concerns she might have; and the extended review of the proposed street vacation has caused significant delays in construction and related building costs. PUBLIC SPEAKER: Gilda Brasch, La Quinta – noted her comments are related to the proposed street vacation and not to the design of the owner’s future house; she is providing public comments during a noticed public hearing; the importance for the street vacation to provide distance from the Bear Creek Trail entry monument sign columns and sidewalk and ensure the 12-foot standard easement is kept; congratulated the lot owners on the wonderful piece of land they have purchased; said everyone who walks the trail is a steward of the area; alleged that vacating the parcel may not be in the public’s interest, there could be possible traffic issues that have not been studied and mitigated; said the owner does need a driveway and asked if a street vacation is needed to construct a driveway; said she wants to make sure that the wall of the home that would be built on that lot is in line with the other properties on that street; asked that a traffic study be conducted; proposed that the construction of a driveway be granted but to ensure that the desert landscaping of the area be maintained; expressed her disagreement with the exemption cited under the California Environmental Quality Act (CEQA) Section 15301 Class 1(c); provided comments about the owner’s application with the City for the street vacation and related documents; alleged the public hearing notice published in the Desert Sun newspaper was not timely pursuant to state law; and asked that the street vacation be reconsidered to preserve the cultural, scenic, and historic aspects of this lot and that the owner only be granted access to a driveway. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Bill Cranham, La Quinta – expressed his concerns that if the street vacation is granted, Mr. Welsh can use the property in any manner he wishes and destroy the gateway arch effect to the Bear Creek trail; said there is no reason for this street vacation and Mr. Welsh can be just granted driveway access; the City has an obligation to preserve the sidelines to the trail; noted the gateway arch would not be impacted if Mr. Welsh builds his perimeter wall along the front property line and has a driveway access similar to the rest of the homes on that street; and said the City should keep and maintain the property proposed to be vacated and keep it in a landscaping style similar to the landscaping on the other side of the trail. Mr. Cranham asked if Council has visited the site proposed to be vacated and Council confirmed they have. CITY COUNCIL MINUTES Page 11 of 16 OCTOBER 19, 2021 Mr. Cranham asked if Council has received campaign contributions from Mr. Welsh or his builder, contractor, engineer, etc. Council confirmed they have not. PUBLIC SPEAKER: Richard Herrera, La Quinta – said he has no interest in this project aside from the proposed street vacation; alleged he did not receive any notification of the street vacation; provided comments about the owner’s application with the City for the street vacation and related documents, and noted the local neighbors were not asked to sign the petition submitted with the application; talked about where the perimeter wall would eventually be built and that it would hide the column of the Bear Creek entryway sign from line of sight; said both sides of the trail entry should look the same; noted the size of Mr. Welsh’s lot; and said the property should not be vacated and should remain as is. PUBLIC SPEAKER: Selwyn Broady, La Quinta – said he and his wife live in the neighborhood of the proposed street vacation; he wants to maintain the area nice and as is; asked that the existing landscaping and the view be kept as is and allow Mr. Welsh to build a home that can integrate with the existing landscaping. PUBLIC SPEAKER: Alena Callimanis, La Quinta – said the beautiful view of the Bear Creek entry sign would be cut off; said the perimeter wall would be right along side the sidewalk to the trail; and noted the possible location of the driveway. Council discussed the existing hedge landscaping on the site is taller than the perimeter wall of the adjacent home which is generally six-feet high. Mr. Herrera said the wall of that home is five feet high. Mayor Evans said WRITTEN PUBLIC COMMENTS were received from Thomas Greogry, La Quinta, opposing the proposed street vacation, which were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting. City Attorney Ihrke said what is important legally for consideration of this item is that the description and the depiction of the property to be vacated was sufficient to inform the public; the Streets and Highways Code requires that there be a description of the street highway or public service easement proposed to be vacated and a reference to a map or a plan that shows where the vacation is to take place; and the published notice by the City accurately depicts the street vacation location. City Attorney Ihrke and City Clerk Radeva explained that this public hearing was noticed in full compliance with the publishing and posting requirements CITY COUNCIL MINUTES Page 12 of 16 OCTOBER 19, 2021 of Sections 8322 and 8323 of the Streets and Highways Code; and that in an effort for extra transparency, the City re-noticed the continued to a date certain public hearing, even though this additional publication was not required. PUBLIC SPEAKER: Ms. Brasch said notices were mailed to the supporters of the petition for street vacation; the letters of support submitted with the street vacation application inaccurately depicted the location of the land to be vacated. City Attorney Ihrke explained Ms. Brasch is referencing a City form and documents that were submitted by the applicant as part of the application to the City which are not determinative or dispositive to Council’s consideration of the proposed street vacation under this noticed public hearing. Mr. Ihrke reiterated what is legally required to ensure compliance is that the noticing, the description, and the depiction of the property to be vacated are accurate and sufficient. Council inquired about the required supporting documents that should be submitted along with the City’s application for a street vacation. Staff responded the plot plan listed as a required exhibit to the street vacation application is meant to depict any existing structures on the site which is not needed as the property is currently a vacant lot; and further noted that provided “Exhibit C – Site Plan,” included in the published staff report, is essentially the plot plan of the site as it sufficiently depicts the existing structures which are the Bear Creek trail entry monument and sidewalk. PUBLIC SPEAKER: Lucas Coronel, La Quinta – said he wanted to clarify that the letters of support submitted by the applicant as part of the City’s application and the public hearing notifications are two completely separate items; and provided comments about the line of sight of the Bear Creek trail entry from the street, and spoke about the potential location of the driveway. Council discussed at this time no structures have been proposed on the vacant lot as the proposed street vacation is still pending; the only matter under consideration under this item is vacating the property; this item has been prepared and noticed in full compliance with state and local laws; the two (2) yellow traffic arrows at the curve of the street were put in place approximately nine (9) years ago to help alert drivers that the road does not go through and instead it curves; and the two (2) yellow traffic arrows will remain in place as is, as they are within the 12-foot buffer the City maintains for public use and purposes. CITY COUNCIL MINUTES Page 13 of 16 OCTOBER 19, 2021 PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Bill Cranham, La Quinta – asked if a petition of 10 supporters is not required for a street vacation. City Attorney Ihrke explained City forms are used to solicit and gather information and here are not determinative or binding on determining compliance under state law or applying state law for a decision to be made. Mr. Ihrke reiterated what is legally required for Council consideration is that the noticing, the description, and the depiction of the property to be vacated is accurate and sufficient, and clearly understood by the Council, applicant, and the public. Mr. Ihrke explained there are alternative means under which a street vacation application can be submitted to the City pursuant to the Streets and Highways Code, some of which do not involve the submittal of a petition of 10 supporters. Council inquired if the landscaping for the home to be built would be reviewed and approved by staff. Staff said landscaping plans for single-family homes are reviewed by the City as part of the building permit application and explained the review process. Staff noted that the proposed street vacation is not being considered because the owner needs to construct a driveway on the property, and the two (2) matters are entirely separate and independent of each other. PUBLIC SPEAKER: Thomas Greogry, La Quinta – said this is the first time he has heard of the proposed street vacation, he did not see the newspaper publication and is not able to get to the notices posted on the site; and his main concern about the street vacation is the site line going south on Avenida Madero which includes the Bear Creek trail entry and he would like to see that maintained. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:34 P.M. Council thanked the residents for their engagement, participation, and public comments provided which helped gain clarification on the public hearing notification process and ensuring the Bear Creek trail entry monument is protected; this is an approved lot and a home can be built on it; this matter has been thoroughly reviewed and considered; the right-of-way easement dedication can be vacated pursuant to State law because the property is no longer needed for public right-of-way/public use; the City never owned the underlying fee interest in the property; this public hearing was noticed in full compliance with the publishing and posting requirements of Sections 8322 and 8323 of the Streets and Highways Code; providing public comments during public meetings is every citizen’s constitutional right; the proposed street vacation is a separate action from the building-out of the lot, which CITY COUNCIL MINUTES Page 14 of 16 OCTOBER 19, 2021 would be subject to obtaining all applicable building permits and approvals; as La Quinta gets built-out and road infrastructure and street improvements are developed, land that was previously reserved for such public uses can be vacated because it is no longer needed; the proposed street vacation is in substantial compliance with State law; and appropriate easements would be secured to protect the Bear Creek trail entry monument and sidewalk. City Attorney Ihrke proposed for Council’s consideration that additional language be added to Section 3 to the proposed resolution specific to the categorical exemption under CEQA Section 15301 Class 1(c) to read as follows: SECTION 3. The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. In addition to the Recitals, which the City Council adopts as part of its findings and expressly incorporates into the approval of this Resolution, the street vacation is categorically exempt under the California Environmental Quality Act (CEQA) as a Class 1 exemption pursuant to CEQA Guidelines Section 15301(c) (14 Cal. Code Regs. §15301(c).) Class 1 consists of, among other items, minor alterations of existing public or private facilities or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized is Section 15301 are not intended to be all-inclusive of the types of projects which might fall within Class 1, but Subdivision (c) expressly includes existing highways, streets, bicycle and pedestrian trails, and similar facilities. The street vacation here is small in the amount of square footage, and that square footage is situated in a manner unnecessary for circulation of traffic or for any other present or prospective public use or purposes. The street vacation does not authorize any other use. Therefore, the street vacation involves no or negligible expansion of use and is categorically exempt pursuant to CEQA Guidelines Section 15301(c). Council concurred with the additional proposed language by City Attorney Ihrke to be added to the proposed resolution. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2021-038 to vacate a portion of the intersection of Avenida Madero and Calle Tecate public right-of-way in the Santa Carmelita at Vale La Quinta Subdivision, Unit No. 25, as amended to include the additional language as proposed above by City Attorney Ihrke: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF THE INTERSECTION 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. CITY COUNCIL MINUTES Page 15 of 16 OCTOBER 19, 2021 STUDY SESSION – taken out of Agenda order 1. RECEIVE AND FILE ANNUAL REPORT OF ACTIVE DEVELOPMENT AGREEMENTS (DA) Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed the City’s efforts to bring the Centre Pointe DA into compliance through communications and the issuance of default notices. Council reached a consensus and directed staff to take follow-up actions to ensure compliance and seek remittance of the delinquent mitigation fees pursuant to the DAs for Centre Pointe and Legacy Villas. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. 8. POLICE – QUARTERLY REPORT JULY – SEPTEMBER Riverside County Sheriff’s Department Lieutenant Buompensiero provided analytics related to the Average Response Times listed in the Quarterly Department Report, and explained the many different factors that could affect the response times. Lt. Buompensiero noted that once the City’s Public Safety Camera System becomes operational, the Sherriff’s Department will track activity and provide metrics on the quarterly reports. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Mayor Pro Tem Radi, along with Councilmember Fitzpatrick and Mayor Evans attended the La Quinta Arts Celebration Captain’s Meeting on October 12, 2021. Mayor Evans noted that the La Quinta Arts Celebration is scheduled to be held November 11-14, 2021; and the City’s Annual Veterans Day Recognition Ceremony is also scheduled for November 11, 2021, starting at 9:00 a.m. Councilmember Peña said he was pleased that Grocery Outlet was opening in La Quinta and commended the Desert Sun’s article on this matter. Councilmember Peña asked to adjourn the meeting in honor of the late former United States Secretary of State, General Colin Powell. CITY COUNCIL MINUTES Page 16 of 16 OCTOBER 19, 2021 Councilmember Sanchez reported on his attendance at the Annual Big Brothers Big Sisters Derby held on October 9, 2021, at the Indian Wells Country Club; and noted the importance of the organization’s efforts to mentor youth. Mayor Evans note the Annual La Quinta High School Homecoming Parade is scheduled for October 20, 2021, to be held at Old Town La Quinta starting at 4:30 p.m. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2021, Mayor Evans reported on her participation in the following organizations’ meeting:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION La Quinta’s representative for 2021, Councilmember Fitzpatrick reported on her participation in the following organizations’ meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Sanchez to adjourn at 8:13 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California