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2021 11 16 CC MinutesCITY COUNCIL MINUTES Page 1 of 8 NOVEMBER 6, 2021 CITY COUNCIL MINUTES TUESDAY, November 16, 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: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans 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, Public Safety Manager Mendez, Community Resources Manager Calderon, Human Resources Analyst Triplett, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Interim Finance Director Martinez, Design and Development Director Castro PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Fitzpatrick requested to pull Consent Calendar Item No. 4 for separate vote; and said she will recuse herself and abstain from discussion and vote on this item due to a potential conflict of interest stemming from the proximity of her real property to the project location. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF CITY COUNCIL MINUTES Page 2 of 8 NOVEMBER 6, 2021 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 3:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:05 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 54957.1 (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 IN-PERSON: Alena Callimanis, La Quinta – spoke about California State regulation changes to water allocations that will affect the Coachella Valley Water District (CVWD) water supply. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Armita Ariano, Staff Attorney with Coachella Valley Waterkeeper – urged the City not to rely on representations made by CVWD regarding water supply for the proposed Wave at Coral Mountain Resort project because CVWD’s current water budget is inadequate; provided comments regarding the Draft Environmental Impact Report for this project; expressed concerns about the diminishing water supply of the Colorado river; spoke of the importance of water conservation, and in opposition of the Wave project. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson, Rancho Mirage – said he wanted to provide comments related to Consent Calendar Item No. 2 with regards to affirming Resolution No. 2021-035 which authorizes staff to continue to implement teleconference accessibility for public meetings; urged Council not to re-affirm this Resolution; and expressed concerns about the application of teleconference accessibility for public meetings by public agencies. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: David Dinnel, Los Angeles/La Quinta – said he was not surprised that the Neighbors for Neighborhoods organization has filed an intent to circulate a petition that CITY COUNCIL MINUTES Page 3 of 8 NOVEMBER 6, 2021 proposes to bring a ballot measure to the La Quinta voters to ban short-term vacation rentals (STVRs) in residential areas; and spoke in support of STVRs. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT NEW BATTALION CHIEF PAUL HEITZMANN Riverside County Fire Division Chief Bryan White introduced Mr. Heitzmann who was recently promoted to Battalion Chief; Mr. Heitzmann gave a brief presentation about his training, qualifications, and experience; and said he is excited to serve La Quinta. 2. TALUS - PROJECT STATUS UPDATE PUBLIC SPEAKERS IN-PERSON: Project Manager Josh Frantz and Chief Operating Officer Bruce Maize with Robert Green Company provided a detailed presentation on the project’s overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, including vertical construction in the near future, 2) Montage Guestrooms Phase I, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, and 7) Pendry Hotel. CONSENT CALENDAR Public comments related to Consent Calendar Item No. 2 were provided by Mr. Brad Anderson, as noted above under the “Public Comments on Matters Not on the Agenda” section. 1. APPROVE COUNCIL MEETING MINUTES OF OCTOBER 19, 2021 2. 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) 3. ADOPT ORDINANCE NO. 597 ON SECOND READING ADDING CHAPTER 6.05 TO THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-LIVED CLIMATE POLLUTANTS (ORGANICS WASTE MANAGEMENT AND RECYCLING) PURSUANT TO SENATE BILL 1383 (STATS. 2016, CH. 395) CITY COUNCIL MINUTES Page 4 of 8 NOVEMBER 6, 2021 4. pulled for a separate vote by Councilmember Fitzpatrick >>> ACCEPT MONROE STREET PAVEMENT REHABILITATION PROJECT NO. 2020-01, LOCATED ON MONROE STREET FROM AVENUE 52 TO MOUNTAIN SPUR DRIVE TO AVENUE 53, AND AVENUE 61 5. ACCEPT EISENHOWER BASIN FENCE AND DRAINAGE IMPROVEMENTS PROJECT NO. 2017-04 LOCATED ON THE WEST SIDE OF EISENHOWER DRIVE AND NORTH SIDE OF CALLE TAMPICO BETWEEN EISENHOWER DRIVE AND AVENIDA BERMUDAS 6. AWARD CONTRACT TO URBAN HABITAT FOR THE SILVERROCK RETENTION BASIN SOIL STABILIZATION PROJECT NO. 2020-07, LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND SILVERROCK WAY 7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED AUGUST 31, 2021 8. APPROVE DEMAND REGISTERS DATED OCTOBER 29 AND NOVEMBER 5, 2021 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item Nos. 1-3 and 5-8 as recommended, with Item No. 3 adopting Ordinance No. 597. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 4 COUNCILMEMBER FITZPATRICK RECUSED HERSELF AND SAID SHE WILL ABSTAIN FROM DISCUSSION AND VOTE ON THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HER REAL PROPERTY TO THE PROJECT LOCATION MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item No. 4 as recommended. Motion Passed: ayes – 4, noes – 0, abstain – 1 (Fitzpatrick). BUSINESS SESSION 1. APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 4, 2022 Council waived presentation of the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 5 of 8 NOVEMBER 6, 2021 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve cancellation of the regular City Council meeting of January 4, 2022. Motion passed unanimously. STUDY SESSION – None. PUBLIC HEARINGS – after 5:00 p.m. 1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2022/23 [RESOLUTION NO. 2021-041] This item was considered out of Agenda order after 5:00 p.m. as advertised by the public hearing notice publication. The Items below were taken out of Agenda order DEPARTMENTAL REPORTS – None MAYOR’S AND COUNCIL MEMBERS’ ITEMS Council reported on a successful 2021 Veterans Day recognition ceremony held on November 11, 2021, in the courtyard at City Hall and commended staff on the great execution of the event. Councilmember Fitzpatrick reported on her attendance at the La Quinta Museum Opening Reception held on November 10, 2021, and encouraged citizens to visit the Museum and experience the newly expanded local history exhibit on “The Story of La Quinta.” Council reported on their attendance at The Palms Senior Community assisted living on Veteran’s Day where they presented Certificates of Appreciation to 26 Veterans for their service. Council reported on their attendance at the 2021 La Quinta Art Celebration on November 11, 2021; the Art Celebration was held November 11 – 14, 2021, at the Civic Center Campus; and the event had the highest attendance ever. Mayor Evans reported on her attendance, along with Councilmember Fitzpatrick, at the Volunteer Appreciation Luncheon hosted by the La Quinta Art Celebration on November 16, 2021, at the Cantina at the El Dorado Polo CITY COUNCIL MINUTES Page 6 of 8 NOVEMBER 6, 2021 Club in Indio. Mayor Evans noted that the preliminary attendance estimates showed attendance for 2021 was higher than 2020, local attendance has increased, and artists had a great turn-out; and Scope Events, the producer of the Art Celebration event, will be looking into holding this event in March and November each year going forward. Mayor Evans reported on her participation at the “Helping Hands” breakfast, held on November 16, 2021, at the La Quinta Country Club, where $1.1 Million in donations were distributed to 36 local charities from the 2021 American Express PGA Tour golf tournament, hosted by the Mickelson Foundation. Councilmember Sanchez noted Grocery Outlet opened on November 4, 2021, at the Village shopping center. Councilmember Sanchez reported on his attendance at the Indio Sunrise Rotary Club First Responders Breakfast held on November 16, 2021, at Heritage Palms in Indio. Councilmembers Sanchez and Peña reported on their participation on the annual Art in Public Places Ad-hoc Committee, along with Community Services Commissioners Tammy Gordon and Sally Shelton, which toured the 2021 La Quinta Art Celebration and purchased two art pieces to be displayed at public facilities in the City. Council expressed a desire to rotate existing art in the City to alternate locations. Mayor Evans said the City received an “Art of the Swing” print by Artist Daryl Thetford, who participated in the La Quinta Art Celebration, at the Volunteer Appreciation Luncheon; the print will be displayed at City Hall. REPORTS AND INFORMATIONAL ITEMS 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 La Quinta’s representative for 2021, Councilmember Peña reported on his participation in the following organization’s meeting:  COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES La Quinta’s representative for 2021, Councilmember Sanchez reported on his participation in the following organization’s meeting:  ANIMAL CAMPUS COMMISSION CITY COUNCIL MINUTES Page 7 of 8 NOVEMBER 6, 2021 MAYOR EVANS CALLED FOR A BRIEF RECESS AT 4:55 P.M. UNTIL 5:00 P.M. WHEN COUNCIL WILL TAKE UP THE NOTICED PUBLIC HEARING MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 5:01 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS – after 5:00 p.m. 1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2022/23 [RESOLUTION NO. 2021-041] Public Works Director/City Engineer McKinney introduced Management Analyst Mignogna who presented the staff report, which is on file in the Clerk’s Office. Council discussed the likelihood that the County is likely to approve staff’s request to reallocate the available balance of $5,200 from the public services category to public improvements; and the Boys and Girls Club did not want to request the full amount available under this grant funding. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:06 P.M. PUBLIC SPEAKER – None. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:06 P.M. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2021-041 to authorize the City Manager to submit applications to the Riverside County Economic Development Agency for Community Development Block Grant funds; execute the Supplemental Agreements for Fiscal Year 2022/23; and allocate $18,200 to the Boys and Girls Club of the Coachella Valley Fee Waiver/Reduction Program, $132,600 to the City of La Quinta’s Americans with Disabilities Act Improvements Project, and authorize an additional allocation of $5,200 for public improvements if approved by Riverside County: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS, AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT FOR FISCAL YEAR 2022/2023 Motion passed unanimously. CITY COUNCIL MINUTES Page 8 of 8 NOVEMBER 6, 2021 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 5:07 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California