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2019 10 15 CC MinutesCITY COUNCIL MINUTES Page 1 of 10 OCTOBER 15, 2019 CITY COUNCIL MINUTES TUESDAY, OCTOBER 15, 2019 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Peña requested that Consent Calendar Item No. 2 be pulled for a separate vote, and said he will recuse himself from voting on Intersection Improvement No. 48 under Consent Calendar Item No. 2, due to a potential conflict of interest stemming from the proximity of real property to this project. Mayor Evans said she will make a comment on Consent Calendar Item No. 6. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: WASHINGTON-111, LTD., CLAIMANT, V. CITY OF LA QUINTA, RESPONDENT, JUDICATE WEST ALTERNATIVE DISPUTE RESOLUTION CASE NO. A257070 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9. NAME OF CASE: CITY OF LA QUINTA V. CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC1803284 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:32 P.M. CITY COUNCIL MINUTES Page 2 of 10 OCTOBER 15, 2019 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:01 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 – None ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. INTRODUCE NEW LA QUINTA LIBRARIAN AND BRANCH MANAGER MELISSA LUNDELL Desert Zone Manager Sue Duran introduced new La Quinta Librarian and Branch Manager Melissa Lundell, and gave a brief presentation of her qualifications, background, and experience. Ms. Lundell said she looks forward to serving the community, and bringing enthusiasm, new programs and ideas to enhance the services and experiences the library offers the community. CONSENT CALENDAR 1. APPROVE MINUTES OF OCTOBER 1, 2019 2. pulled for a separate vote by Councilmember Peña >>> ACCEPT HIGHWAY SAFETY IMPROVEMENT PROGRAM INTERSECTION IMPROVEMENTS PROJECT, LOCATED THROUGHOUT THE CITY OF LA QUINTA (PROJECT NO. 206-01, FEDERAL PROJECT NO. HSIPL-5433(015)) 3. ACCEPT HIGHWAY 111 SIDEWALK IMPROVEMENTS PROJECT LOCATED ON THE SOUTH SIDE OF HIGHWAY 111, BETWEEN ADAMS STREET AND LA QUINTA DRIVE (PROJECT No. 2018-03) 4. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE COVE PUBLIC RESTROOM AND TRAILHEAD PROJECT, LOCATED ON THE SOUTH SIDE OF CALLE TECATE ADJACENT TO THE COVE PARKING LOT (PROJECT NO. 2018-01) CITY COUNCIL MINUTES Page 3 of 10 OCTOBER 15, 2019 5. APPROVE DECLARATION AND DISPOSAL OF SURPLUS EQUIPMENT AND CITY OWNED MOTORCYCLES 6. AUTHORIZE PURCHASES WITH ALPHA MEDIA FOR UP TO $80,000 FOR FISCAL YEAR 2019/20 7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JUNE 30, 2019 8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JULY 31, 2019 9. APPROVE DEMAND REGISTER REPORTS FOR SEPTEMBER 20, 27, AND OCTOBER 4, 2019 CONSENT CALENDAR ITEM NO. 6 - Comments Mayor Evans and Marketing Manager Graham explained the requested expenditures were for radio marketing advertisements to increase community outreach, create awareness, and educate the community on emergency services, recycling, and promote events such as Ironman 70.3 triathlon, Street Food Cinema, and Brew in LQ; funds for these expenses have been budgeted for fiscal year 2019/20 in the Community Resources Department and special recycling fund, however, as the City’s aggregate expenditures with Alpha Media exceed $50,000, Council approval is required per the City’s Purchasing Policy. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Consent Calendar Item Nos. 1, and 3 – 9, as recommended. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 2 COUNCILMEMBER PEÑA SAID HE IS RECUSING HIMSELF FROM VOTING ON INTERSECTION IMPROVEMENT NO. 48 LISTED UNDER COSENT CALENDAR ITEM NO. 2, LOCATED ON AVENUE 52 AND AVENIDA BERMUDAS, DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY INTEREST TO THE PROPOSED PROJECT MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Intersection Improvements, except for No. 48, under Consent Calendar Item No. 2, as recommended. Motion passed unanimously. CITY COUNCIL MINUTES Page 4 of 10 OCTOBER 15, 2019 MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Intersection Improvement No. 48 only under Consent Calendar Item Nos. 2, as recommended. Motion passed: ayes (4), noes (0), abstain (1 - Peña). BUSINESS SESSION 1. APPROVE VETERAN NOMINATIONS FOR INCLUSION ON VETERANS’ ACKNOWLEDGEMENT SCULPTURE AT CIVIC CENTER CAMPUS Management Assistant Calderon presented the staff report, which is on file in the Clerk’s Office. Council discussed the line-up for the event remains unchanged and will include the La Quinta High School Wind Ensemble band, Boy Scouts, and Ophelia Project staff; and it is great to combine this City event with Old Town Artisan Studio’s veterans recognition. Council suggested that Staff collaborate with local Veterans of Foreign Wars clubs and senior centers to promote this veterans’ recognition event and invite them to participate. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve veteran nominations for inclusion on the Veterans’ Acknowledgement monument at the Civic Center Campus, as recommended. Motion passed unanimously. 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH LODGINGREVS FOR SHORT-TERM VACATION RENTAL (STVR) PROGRAM SERVICES Hub Manager Sanchez presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Tyler Fisher, Community Partnership Manager with LODGINGRevs – answered Council’s questions regarding notifications to STVR owners or operators are primarily sent via email, and if not registered via US postal service; STVR related complaints can be submitted via text messages; LODGINGRevs tracks clients’ requests and releases quarterly system enhancement that continuously improve the level of service; STVR owners or operators are contacted via phone by agents addressing complaints received via the 24/7 STVR hotline, and response must be received within 45 minutes; process for monitoring and addressing transient occupancy tax (TOT) remittance and compliance against confirmed listings; integration between the CITY COUNCIL MINUTES Page 5 of 10 OCTOBER 15, 2019 STVR and the City’s financial software to ensure proper routing and accounting of TOT remittances; and process and resources used to determine the right contact for unregistered properties. Council discussed the City does not have basis to collect TOT on cancelled listings because the property was never physically occupied; a non-refundable deposit collected by the STVR owner or operator due to a cancellation is not subject to TOT; the City determines the most efficient way to manage the STVR program, which can be internally or contracted with a third party vendor; business license (BL) applications are currently not available online; LODGINGRevs will automate the application process for STVR and related BL as part of this process; in the future LODGINGRevs can also fully automate the City’s BL application process, following the transition and launch of the STVR program; due to several ownership turn-overs of the City’s current permitting software TRAKiT, scheduled system upgrades have been delayed multiple times, which has prevented Staff from being able to automate the BL process; importance to ensure the STVR program transition results in a well- functioning process, before any expansion of services is contemplated; transition will begin upon execution of the agreement and Staff anticipates to launch the STVR program with LODGINGRevs by January 2020; and importance to take the time needed to ensure a successful and accurate transition. Mr. Fisher explained the transition process steps, quality assurance, timeline, and rate of success. Council discussed the City’s STVR program permitting and compliance process will remain unchanged, and it will be more convenient for residents to have the ability to report TOT and make payments online; importance to initiate comprehensive community outreach and promotional efforts, including community workshops, social media and City website advertising, and flyers; notification process to owners or operators, and law enforcement’s involvement if no response is received, and the service can be customized based on the City’s preference; importance to provide an update on complaints’ status and resolutions to the reporting party; add STVR link under the ‘resources’ section of the City’s mobile app; ability to integrate the new STVR automated system with the City’s mobile app, and including a link to all active STVR listings; residents must ensure they conduct STVR operations in accordance with the City’s regulations, and collecting accurate data will allow the City to properly address non-compliant properties; the STVR public interface online component must be well thought out from the view point of the user and the City; and ability to upload supporting documents and audio/video files through the complaint submittal form. CITY COUNCIL MINUTES Page 6 of 10 OCTOBER 15, 2019 Mr. Fisher said LODGINGRev was founded in 2011 and provides sales and use tax collection and compliance, and business licensing services, in addition to STVR program monitoring and compliance. Council discussed the automation and streamlining of the STVR processing, will allow staff to focus on developing the STVR programing; providing education and best practices to residents residing in developments whose Homeowner Associations (HOA) do not allow STVR; the City can be divided into different zones via the STVR software, which will then allow Staff to run reports specific to each zone; importance to have a list of every HOA in the City and which ones allow STVR, and have it available online as part of the STVR directory; and ability to post suspended STVR permits on the City’s website. PUBLIC SPEAKER: – Barbara Montavon, PGA West, La Quinta – said the development she resides in allows STVR, and they can be problematic; residents submitting STVR related complaints do not receive a follow up response; residents can call the City’s STVR hotline and the HOAs security, and asked if the data is being shared between the two entities; what repercussions are in place for STVR properties who continue to receive the same violation complaints, but do resolve the matter within the time allotted; it is important to communicate the upcoming changes with residents; and providing the City with complaints resolved by HOA security to be added to the City’s property profiles. City Attorney Ihrke said the City has the authority to enforce City ordinances, but does not have authority enforcing HOA Conditions, Covenants, and Restrictions. Public Safety Manager Mendez said the City records and tracks of all complaints received through the hotline; when complaints are reported to both the STVR hotline and HOA security, security personnel response tends to be faster, and by the time Code Compliance or law enforcement personnel arrives at the property, the complaint has been resolved, this makes it an unconfirmed complaint for the City; HOA security can contact the City to provide information on STVR complaints, and Staff will note these instances to the property records. Mr. Fisher, on behalf of LODGINGRev, said they are very excited to work with the City of La Quinta. Council discussed La Quinta has been proactive and embraced STVR; however, the residents’ quality of life is a priority and it must be preserved; a balance must be achieved between quality of life and providing residents with the option to properly run STVR operations, and ensure adequate CITY COUNCIL MINUTES Page 7 of 10 OCTOBER 15, 2019 enforcements are in place to ensure compliance with the City’s regulations; importance to learn best practices from other communities who are experiencing similar challenges; and creating efficiencies and safer communities, while holding everyone accountable. Council commended the STVR dedicated Staff for their efforts, enthusiasm, and persistency to make this program more efficient and accessible; and to the City’s marketing team for making the STVR link available on the City’s mobile app so expeditiously. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Agreement for Contract Services with LODGINGRevs in an amount not to exceed $49,440 per fiscal year, for a term ending June 30, 2022, to provide short-term vacation rental program services; and authorize the City Manager to execute the agreement. Motion passed unanimously. 3. RECEIVE AND FILE FISCAL YEAR 2019/20 FIRST QUARTER BUDGET REPORT AND APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk’s Office. Council inquired as to the need to replace the Creation Station’s laser cutter. Community Resources Escobedo explained the cutter has been down since last fall; Staff has unsuccessfully exhausted all options to have it repaired or replaced via the warranty; the current cutter was purchased based on Vocademy’s recommendation, but proved difficult to obtain maintenance and replacement services, as the service provider is based in Arizona with a service facility in Las Vegas, Nevada. Based on Staff’s research, it was determined the best option for the City is to purchase a cutter from a Southern California laser provider, which will bring Creation Station back in service for the community, and will ensure easy access to maintenance and replacement service going forward, should they be needed; the current cutter will be disposed via the City’s Surplus Policy; the library remodel and refresh completed a few years ago did not include replacing the roof; and the City’s efforts to promote recycling. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to receive and file fiscal year 2019/20 First Quarter Budget Report, and approve the recommended budget adjustments. Motion passed unanimously. CITY COUNCIL MINUTES Page 8 of 10 OCTOBER 15, 2019 4. ADOPT RESOLUTION TO APPROVE AMENDING THE CITY OF LA QUINTA 2019/20 INVESTMENT POLICY BY ADDING NEW BROKERS TO THE FINANCIAL INSTITUTION LIST [RESOLUTION NO. 2019-044] Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk’s Office. Council discussed the selection of the new brokers was based on their qualifications. MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to adopt Resolution No. 2019-044 to approve amending the City of La Quinta 2019/20 Investment Policy by adding two new brokers to the financial institutions list. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2019/2020 Motion passed unanimously. 5. ADOPT RESOLUTION TO APPROVE CASH MANAGEMENT POLICY [RESOLUTION NO. 2019-045] Senior Accountant Martinez presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2019-045 to approve a Cash Management Policy. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A CASH MANAGEMENT POLICY Motion passed unanimously. STUDY SESSION COUNCILMEMBER PEÑA SAID HE IS RECUSING HIMSELF FROM DISCUSSION ON STUDY SESSION ITEM NO. 1 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY INTEREST TO THE PROPOSED PROJECT; AND LEFT THE DAIS AT 5:33 P.M. 1. FRITZ BURNS POOL MANAGEMENT AND OPERATIONS UPDATE Community Resources Manager Calderon, Maintenance and Operations Superintendent Ambriz, Desert Recreation District (DRD) Assistant General Manager Barb Adair presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 9 of 10 OCTOBER 15, 2019 Council discussed program attendance report, including monthly registrations versus ‘drop-in’ users; monthly operating costs and revenues; while the pool heater is being installed, the City can offer residents the option to use the Palm Desert Aquatic Center (PDAQ) (resident pricing will be extended to La Quinta residents with proof of residency) or having DRD offer programs at Pawley Pool, and associated costs with each option; potential cold water programing for Fritz Burns pool include, scuba classes, kayaking, and conditioning for the 2019 Ironman triathlon; costs associated with the water heater installation; importance to maintain a useful database of users in order to inform them of the current circumstances and provide mass market for future programming and updates; DRD’s staff efforts to promote Fritz Burns pool for cold water activities and increase community usage during the installation period; regular pool maintenance costs will remain unchanged; DRD’s programing and staffing will substantially be reduced to cover cold water activities only while the heater is being installed; the existing 2” gas lines and electrical lines are sufficient to support the pool heater; the project has been added to the City’s Capital Improvement Program, and will be advertised for bid shortly; anticipated timeline to award the contract, construction period, and resuming pool operations sometime in January 2020; solar heating alternatives were not the best option for the City; importance to collect usage data to better evaluate programming needs; discerning between operational and capital improvement costs; evaluate acquiring a thermal pool blanket to help mitigate water heat loss; progress and timing on the space assessment report of the Fritz Burns Park, Corporate Yard, and Fire Station No. 32 from the consultant; keeping the Community Services Commission apprised; and timing on receiving survey results from the users on preference of the alternative use options. Council reached a consensus and expressed support to offer all users the option to use the PDAQ facility and to send out notifications as to that effect. Council commended DRD and City staff on their efforts with this project to keep it moving and for finding alternatives in the meantime. COUNCILMEMBER PEÑA RETURNED TO THE DAIS AT 6:04 P.M. FOR THE REMAINDER OF THE MEETING PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. CITY COUNCIL MINUTES Page 10 of 10 OCTOBER 15, 2019 MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña said he attended a reception hosted by Dr. Carreon Foundation on Monday, October 14, 2019; the Foundation received a large donation; and Cal State University San Bernardino (CSUSB) President Dr. Tomás Morales and the Foundation’s Board of Directors jointly introduced the new Dean, Dr. Jake Zhu, for the CSUSB – Palm Desert campus. Councilmember Peña said he shared an article with Staff regarding the expansion of STVR businesses, published by the Wall Street Journal on October 15, 2019, entitled “This Dallas Apartment Building’s Sole Tenant Is a New Lodging Company.” Council briefly discussed the effects of STVR to residential homes inventory and local hotel operations. Mayor Evans said she received a letter from Chairman Steven Bayard of the Imperial Irrigation District – Energy Consumers Advisory Committee (ECAC) requesting that Council appoint a member to serve on ECAC; and noted that the current citizen appointed representative Mr. George Christopher will be relocating by the end of 2019 and vacating his appointment. Council discussed ECAC membership; importance in having a representative on ECAC to voice the service and infrastructure needs of La Quinta; and reached a consensus to send a follow-up letter to ECAC to reconsider Council’s appointment of Mayor Pro Tem Sanchez, and bring it back for Council consideration after a response is received. REPORTS AND INFORMATIONAL ITEMS – None ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 6:15 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California