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2022 01 18 CC MinutesCITY COUNCIL MINUTES Page 1 of 8 JANUARY 18, 2022 CITY COUNCIL MINUTES TUESDAY, JANUARY 18, 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, Deputy City Clerk Romane, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Community Resources Manager Calderon, Public Safety Manager Mendez, Senior Emergency Coordinator Johnston, Public Works Director/City Engineer McKinney, Finance Director Martinez, Interim Accounting Manager Hallick, Management Analyst Kinley, Design and Development Director Castro, Planning Manager Flores, Senior Planner Flores. CONFIRMATION OF AGENDA City Manager McMillen requested to pull Item Nos. 2 and 3 under the Announcements Presentations and Written Communications section of the Agenda and postpone them to the February 1, 2022, Council Meeting. Mayor Evans said she would like to make additional announcements under the Announcements, Presentations, and Written Communications section of the Agenda related to COVID-19 safety protocols and the upcoming Annual Community Workshop. Council concurred. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None. CITY COUNCIL MINUTES Page 2 of 8 JANUARY 18, 2022 CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE § 54957. CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY (Review Continued Need and Response to Proclaimed State and Local Emergencies Caused by COVID-19) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON THE NORTH SIDE OF HIGHWAY 111, WEST OF DUNE PALMS (APN 600-390-024) CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: MANNINO LIVING TRUST UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:05 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no reportable actions were taken in Closed Session that require reporting pursuant to Government Code section 54950 et seq. (Brown Act). PLEDGE OF ALLEGIANCE Mayor Evans led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Deputy City Clerk Romane said WRITTEN PUBLIC COMMENTS were received by the residents listed below in alphabetical order; which were distributed to Council, made publicly available, and incorporated into the agenda packet and public record of the meeting:  Andrew Castro, La Quinta – requesting clarification on the City issued Executive Orders due to COVID-19, and certain sections of the La Quinta Municipal Code related to short-term vacation rentals (STVRs); and  Lyola Torres, La Quinta – supporting STVRs. CITY COUNCIL MINUTES Page 3 of 8 JANUARY 18, 2022 PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Alena Callimanis, La Quinta – spoke in opposition of the proposed Coral Mountain Resort project; expressed concerns about the quality of life for the La Quinta residents in proximity of this project; and developing the vacant land will release carbon dioxide which would contribute to Green House Gas emissions. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS COVID-19 HEALTH AND SAFETY PROTOCOLS – ADDED ANNOUNCEMENT AT CONFIRMATION OF AGENDA Mayor Evans thanked the residents who submitted comments regarding Councilmember Sanchez’s refusal to wear facial covering at the December 21, 2021 Council meeting in accordance with current California state health requirements due to COVID-19 imposing a facial covering mandate until February 15, 2022; said a lot of the comments were in support of the need to follow health and safety protocols; and noted tonight’s meeting is held virtually due to the temporary closure of City Hall to help mitigate the spread of COVID-19. Mayor Evans said the rest of the Council does not support Councilmember Sanchez’s refusal to follow safety protocols, as expressed during the December 21, 2022 Council meeting; and further non-compliance will be addressed. Deputy City Clerk Romane provided an overview of the teleconference accessibility instructions allowing members of the public to attend and participate in tonight’s meeting virtually via Zoom. Deputy City Clerk Romane noted City services continue to be available via the City’s website and online permit portals while City Hall remains closed. 1. PROCLAMATION IN RECOGNITION OF NATIONAL BLOOD DONOR MONTH Mayor Evans, on behalf of the City Council, presented a Proclamation to Vice President of Operations Michelle Johnson with LifeStream Blood Bank in recognition of National Blood Donor Month; LifeStream has a new blood donor center at 46660 Washington Street in the Washington Park commercial center in La Quinta; appointments for blood donations can also be made at lstream.org or 1-800-try-giving; currently the nation is experiencing the worst blood shortage in history; noted the great need and importance of blood donations; and said there will be several upcoming blood drive events. CITY COUNCIL MINUTES Page 4 of 8 JANUARY 18, 2022 Ms. Johnson expressed her gratitude for the City’s support and commended Mayor Evans’ efforts to create awareness of the need for blood donations. 2. Pulled from the Agenda and will be tabled for the February 1, 2022 Council Meeting >>> PROCLAMATION IN RECOGNITION OF CAPTAIN HERMAN LOPEZ WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT FOR HIS PUBLIC SERVICE 3. Pulled from the Agenda and will be tabled for the February 1, 2022 Council Meeting >>> INTRODUCE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT NEW CAPTAIN MICHAEL BIANCO 4. AMERICAN EXPRESS GOLF TOURNAMENT AND EVENT – 2022 STATUS UPDATE Executive Director Pat McCabe with American Express and Project Manager Rory Parson with BWG, provided a summary of the upcoming American Express Golf Tournament, scheduled for January 17-23, 2022 at PGA West, including COVID-19 health and safety protocols, schedule of the event; attendance, parking, traffic plan, shuttle route, and security; public safety protocols; ingress and egress plans; access points; and outreach. City Manager McMillen provided an overview of the City’s contributions for this event. General discussion followed those attendees entering the event site from PGA West residences have three access points that will require proof of compliance with COVID-19 safety protocols; available testing options; ticket verification process; and charity distributions. 5. TALUS – PROJECT STATUS UPDATE PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Robert Green, President and CEO, Robert Green Company/SilverRock Development Co. provided a detailed presentation on the project’s overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, including vertical construction and pool, 2) Montage Guestrooms, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, and 7) Pendry Hotel. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - Continued PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY – David Richer, La Quinta – said he has lived in La Quinta since 2016; La Quinta has the best CITY COUNCIL MINUTES Page 5 of 8 JANUARY 18, 2022 bike trails around; expressed concerns about Councilmember Sanchez’s comments and refusal to wear a mask during the December 21, 2021; and noted the importance of wearing masks in order to ensure everyone’s safety against COVID-19. CITY’S ANNUAL COMMUNITY WORKSHOP STATUS UPDATE – ADDED ANNOUNCEMENT AT CONFIRMATION OF AGENDA Mayor Evans said the Annual Community Workshop scheduled for January 29, 2022, will be postponed until the health and safety COVID-19 related restrictions are lifted and it can be conducted in-person. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF DECEMBER 21, 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 RESOLUTION TO AUTHORIZE APPLICATION FOR, AND RECEIPT OF, CALIFORNIA SENATE BILL 1383 LOCAL ASSISTANCE GRANT PROGRAM FUNDS TO ASSIST WITH IMPLEMENTATION OF SB 1383 REGULATION REQUIREMENTS [RESOLUTION NO. 2022-001] 4. APPROVE THE PURCHASE OF A REPLACEMENT PLAYGROUND STRUCTURE FOR SEASONS PARK FROM DAVE BANG & ASSOCIATES, INC. THROUGH SOURCEWELL COOPERATIVE PURCHASING AND APPROPRIATE $92,635 5. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 33336, PALO VERDE II, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 58 WEST OF MADISON STREET 6. APPROVE DEMAND REGISTERS DATED DECEMBER 17, 31, 2021 AND JANUARY 7, 2022 CITY COUNCIL MINUTES Page 6 of 8 JANUARY 18, 2022 Comments on Consent Calendar Items: Item No. 4 – Mayor Pro Tem Fitzpatrick thanked staff for their continued efforts to improve and replace the City’s park equipment; and noted the importance of adding shade structures over the swing sets. MOTION – A motion was made and seconded by Councilmembers Pena/Radi to approve the Consent Calendar as recommended, with Item No. 3 adopting Resolution No. 2022-001. Motion passed unanimously. BUSINESS SESSION 1. RECEIVE AND FILE FISCAL YEAR 2020/21 GENERAL FUND YEAR- END BUDGET REPORT AND APPROVE THE AMENDED BUDGET CARRYOVERS Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office. Council thanked staff for their prudent management of funds and resources and for the support to the City’s business and residential community; and thanked the community for voting to implement Measure G sales and use tax, which has allowed the City to fund a lot of infrastructure projects, public safety, and provide economic support to the local business community during COVID-19. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to Receive and file Fiscal Year 2020/21 General Fund Year- End Budget Report and approve the amended budget carryovers from 2020/21 to 2021/22 as recommended. Motion passed unanimously. STUDY SESSION 1. DISCUSS AL FRESCO DINING PROGRAM Design and Development Director Castro presented the staff report, which is on file in the Clerk’s Office. Council discussed Transportation Uniform Mitigation Fee (TUMF) would apply dependent on the size of the outdoor dining area; existing outdoor dining improvements do not count towards TUMF calculations, only additional patio improvement; the proposed Al Fresco Dining Program provides options for a temporary outdoor dining area via a Minor Use Permit or for permanent improvements via a Modification by Applicant permit; possibility to have CITY COUNCIL MINUTES Page 7 of 8 JANUARY 18, 2022 adjoining restaurants install shared outdoor area; utilizing surplus parking spaces; importance of ensuring safety standards, access points, and path of travel; setback requirements flexibility; these improvements are available to new and existing restaurants; TUMF fees are due at building permit issuance; evaluate options for the City to mitigate the TUMF costs for businesses; the City does not waive permit fees; importance for aesthetics to cohere with the brand of La Quinta; economic assistance be available to existing businesses only; the outdoor dining areas allowed during the pandemic did not require a permit, and this program will allow them to get permitted; importance to stay consistent and work with the businesses that received assistance through the Small Business Emergency Economic Relief Program (SBEERP); the City does not review site furnishings; assess the businesses that participate in the program; discuss if improvements should be made permanent; inquire if non- participating businesses are interested in the program; outdoor improvements require construction costs in addition to permitting costs; future enterprises will be future contributors to the development and growth of the city; importance to formally permit the improvements. Council expressed consensus for establishing a more formalized process for the Al Fresco Dining Program; evaluate options to build-in the permit fees in the SBEERP; implement the program sometime in the next 6-8 months; and seek input from the affected parties on what would be the key points from their perspective. PUBLIC HEARINGS – None. DEPARTMENTAL REPORTS - All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña reported on his attendance at Temalpakh Farm, the new tribal farmer’s market soft opening today in Coachella, California; and the retirement celebration for Riverside County Sheriff’s Department Lieutenant Buompensiero. Mayor Evans thanked Mayor Pro Tem Fitzpatrick for attending the Martin Luther King Jr Commemoration Celebration held outside of the Coachella Library on January 16, 2022. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organization’s meeting: CITY COUNCIL MINUTES Page 8 of 8 JANUARY 18, 2022  IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2022, Councilmember Peña reported on his participation in the following organizations’ meeting:  CVAG PUBLIC SAFETY COMMITTEE La Quinta’s representative for 2022, Councilmember Sanchez reported on his participation in the following organization’s meeting:  LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 5:58 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California