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2022 02 01 CC Minutes CITY COUNCIL MINUTES Page 1 of 6 FEBRUARY 1, 2022 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 1, 2022 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:01 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, Deputy City Clerk Romane, Director of Business Unit and Housing Development Villalpando, Management Analyst Kinley, Public Works Director/City Engineer McKinney, Community Resources Manager Calderon, Public Safety Manager Mendez, Senior Emergency Management Coordinator Johnston, Finance Director Martinez, Interim Accounting Manager Hallick, Design and Development Director Castro. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Peña and Mayor Evans said they will recuse themselves from discussion and vote on Consent Calendar Item No. 5 due to a potential conflict of interest stemming from the proximity of their real property to this project; and requested that it be pulled for a separate vote. Council concurred. 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 6 FEBRUARY 1, 2022 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 3:04 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 that no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Mayor Evans 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 – expressed concern that COVID-19-related topics being discussed in Closed Session are outside the range of topics permitted by the Government Code and should be discussed during open session. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Andrew Castro, La Quinta – expressed concern that the Council’s discussions in Closed Session are without public oversight. He opposes the City’s mass surveillance via camera systems and noise monitoring devices used to punish small businesses and divulge their information publicly. He said responses to his multiple requests for information are trickling in. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Eric Musser, La Quinta – requested that his short-term vacation rental (STVR) permit for his previous address be transferred to his new address to override permanent ban in effect on the issuance of new STVR permits. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU ANNUAL UPDATE – PRESENTATION BY PRESIDENT AND CEO SCOTT WHITE CITY COUNCIL MINUTES Page 3 of 6 FEBRUARY 1, 2022 PRESENTING VIA TELECONFERENCE ACCESSIBILITY: Scott White, President/CEO and Colleen Pace, Chief Sales/Marketing Officer with the Greater Palm Springs Convention and Visitors Bureau, provided an annual update via Zoom on hospitality and tourism in the Coachella Valley. 2. COACHELLA VALLEY PUBLIC CEMETERY DISTRICT – PRESENTATION BY GENERAL MANAGER JOSHUA BONNER PRESENTATION VIA TELECONFERENCE ACCESSIBILITY: Joshua Bonner, General Manager, Coachella Valley Public Cemetery District (formed in 1927), provided a presentation via Zoom on the budget status, changes and improvements made by the district over the past year. CONSENT CALENDAR 1. AUTHORIZE OVERNIGHT TRAVEL FOR JUNIOR ACCOUNTANT AND ACCOUNT TECHNICIAN TO ATTEND THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS ANNUAL CONFERENCE IN SAN DIEGO, CALIFORNIA, FEBRUARY 16-18, 2022 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED SEPTEMBER 30, 2021 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2021 4. APPROVE DEMAND REGISTERS DATED JANUARY 14 AND 21, 2022 5. pulled for a separate vote by Mayor Evans and Councilmember Peña >>> AWARD CONTRACT TO UNIVERSAL CONSTRUCTION ENGINEERING FOR THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2021-03 6. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE IMPROVEMENTS PROJECT LOCATED AT THE LA QUINTA X-PARK ON THE SOUTH SIDE OF WESTWARD HO DRIVE AND EAST SIDE OF DUNE PALMS ROAD (PROJECT NO. 2016-03G) CITY COUNCIL MINUTES Page 4 of 6 FEBRUARY 1, 2022 MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to approve Consent Calendar Item Nos. 1-4 and 6 as recommended. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 5 MAYOR EVANS AND COUNCILMEMBER PEÑA RECUSED THEMSELVES, FROM DISCUSSION AND VOTE ON THIS ITEM, DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF THEIR REAL PROPERTY TO THE PROJECT LOCATION MAYOR PRO TEM FITZPATRICK ASSUMED PRESIDING OFFICER RESPONSIBILITIES FROM MAYOR EVANS FOR THIS ITEM MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to approve Consent Calendar Item No. 5 as recommended. Motion passed: ayes – 3, noes – 0, abstain – 2 (Evans and Peña). MAYOR EVANS RESUMED PRESIDING OFFICER RESPONSIBILITIES FOR THE REMAINDER OF THE MEETING BUSINESS SESSION 1. APPROVE SECOND ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2021/22 Community Resource Manager Calderon presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Sean Webb, Director of Community Engagement and Education Foundation Desert Sands Educational Foundation thanked Councilmembers and City Staff for sponsoring their Royal Sands Gala on June 4, 2022. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Fabiola Valenzuela, Resident Services Coordinator for the Coachella Valley Housing Coalition thanked Council for the starter grant for teen support services. PUBLIC SPEAKER(S) VIA TELECONFERENCE ACCESSIBILITY: Christopher Flicker, Scoutmaster; Suzanne Potter, Assistant Scoutmaster; Pam Raymont, Committee Chair; and Bernadette Flicker, Senior Patrol Leader for Scouts BSA Troop 451 thanked Council for their support, and provided a recap on their accomplishments and the benefits the City’s grant will bring to local youth. CITY COUNCIL MINUTES Page 5 of 6 FEBRUARY 1, 2022 Mayor Evans explained the purpose of the program and encouraged non-profit organizations to apply. MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to approve second round Community Service Grants for fiscal year 2021/22 and award a total of $7,500 in grants as follows:  Coachella Valley Housing Coalition $ 500 starter grant  Colonel Mitchell Paige School $ 0  Desert Sands Educational Foundation $2,000  Scouts BSA Troop 451 (girl’s troop) $5,000 Motion passed unanimously. 2. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING SECTION 14.16.415 TO THE LA QUINTA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE MAINTENANCE OF ANY PUBLIC RIGHT-OF-WAY [ORDINANCE NO. 598] Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to take up Ordinance No. 598 by title and number only and waive further reading. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 598 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 14.16.415 TO THE LA QUINTA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE MAINTENANCE OF ANY PUBLIC RIGHT-OF-WAY MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to introduce at first reading Ordinance No. 598 to add Section 14.16.415 to the La Quinta Municipal Code establishing regulations for the maintenance of any public right-of-way. Motion passed unanimously. STUDY SESSION – None PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – None MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Fitzpatrick reported on her meeting with the captains of the La Quinta Arts Celebration. CITY COUNCIL MINUTES Page 6 of 6 FEBRUARY 1, 2022 Mayor Evans and Councilmember Peña reported on their attendance at the ceremony renaming the Coachella Valley arena. Mayor Evans reported on her presentation at the IEDC conference. Councilmembers Peña and Radi explained that the City Attorney ensures that Council strictly follows the Brown Act in discussing any item in Closed Session, and asked the City Attorney to provide an explanation of the parameters of the Brown Act in the future when public comments are made regarding Closed Session discussions. Councilmember Radi expressed gratitude for the work that the Border Patrol has been doing. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organizations’ meeting:  CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE  ROTARY DISTRICT La Quinta’s representative for 2022, Councilmember Peña reported on his participation in the following organizations’ meeting:  CVAG PUBLIC SAFETY COMMITTEE  SUNLINE TRANSIT AGENCY WRITTEN PUBLIC COMMENTS SUBMITTED City Clerk Radeva announced that written public comments were received from Andrew Castro regarding the STVR program, and Mr. Castro’s comments were distributed to Council, made available on the City’s website, and included in the record of today’s meeting. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 5:37 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California