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2020 04 07 CC MinutesCITY COUNCIL MINUTES Page 1 of 12 APRIL 7, 2020 CITY COUNCIL MINUTES TUESDAY, APRIL 7, 2020 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:06 p.m. by Mayor Evans. This meeting was held by teleconference pursuant to Executive orders N-25- 20, N-29-20, N-33-20, and N-35-20, executed to by the Governor of California 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 of 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, Riverside County Fire Department Chief Fish, and Riverside County Sherriff’s Department Lieutenant Buompensario, Finance Director Romero, Financial Services Analyst Hallick, Assistant to the City Manager Villalpando, Marketing Manager Graham, Community Resources Director Escobedo, Design and Development Director Castro, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, and City Consultant Nickerson. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA City Clerk Radeva said WRITTEN PUBLIC COMMENTS were provided by Helena Davies related to restrictions on wireless facilities, and Sara Snow related to moratorium on evictions and services offered to residents in need during the COVID-19 pandemic; written comments were distributed to Council and incorporated into the agenda packet and public record of the meeting. CONFIRMATION OF AGENDA City Clerk Radeva requested to take up the Study Session items out of Agenda order and have them considered immediately following the Consent Calendar. Councilmember Fitzpatrick and Mayor Evans said they would like to comment on Consent Calendar Item No. 9. CITY COUNCIL MINUTES Page 2 of 12 APRIL 7, 2020 Mayor Pro Tem Peña said he will recuse himself from discussion and vote on Business Session Item No. 3 related to the Complete Streets Project, due to a potential conflict of interest stemming from the proximity of real property to this project. Council concurred. CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957. CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY 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 3:09 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 actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act); and Council will recess back to Closed Session to continue consideration of both items after the Open Session portion of the meeting. PLEDGE OF ALLEGIANCE Mayor Evans led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA City Clerk Radeva reported no additional WRITTEN PUBLIC COMMENTS have been received since the beginning of the meeting. CITY COUNCIL MINUTES Page 3 of 12 APRIL 7, 2020 ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 1. APPROVE MINUTES OF MARCH 17, 2020 2. APPROVE EMERGENCY MEETING MINUTES OF MARCH 20, 2020 3. APPROVE EMERGENCY MEETING MINUTES OF MARCH 23, 2020 4. APPROVE EMERGENCY MEETING MINUTES OF MARCH 25, 2020 5. EXCUSE ABSENCE OF COMMUNITY SERVICES COMMISSIONER MARLEY FROM THE MARCH 9, 2020 COMMUNITY SERVICES COMMISSION MEETING 6. APPROVE DEMAND REGISTERS DATED MARCH 6 AND 13, 2020 7. ADOPT ORDINANCE NO. 584 ON SECOND READING AMENDING SECTIONS OF TITLES 8, 9, AND 13 OF THE LA QUINTA MUNICIPAL CODE TO STREAMLINE DEVELOPMENT PROCESS AND STANDARDS; CEQA: EXEMPT PURSUANT TO SECTION 15061(b)(3) REVIEW FOR EXEMPTIONS – COMMON SENSE RULE 8. ADOPT RESOLUTION TO WAIVE TERM LIMIT RESTRICTIONS FOR MEMBERS SERVING ON THE CONSTRUCTION BOARD OF APPEALS PURSUANT TO SECTION 2.06.030 OF THE LA QUINTA MUNICIPAL CODE [RESOLUTION NO. 2020-006] 9. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH ACORN TECHNOLOGY SERVICES FOR INFORMATION TECHNOLOGY SERVICES FOR FISCAL YEAR 2019/20 10. APPROVE ELECTRIC VEHICLE CHARGING STATIONS PROJECT BUDGET, AND RELATED CONTRACT AND CHANGE ORDERS WITH CREATIVE LIGHTING & ELECTRICAL, INC TO INSTALL ELECTRIC VEHICLE CHARGING STATIONS AND AMERICANS WITH DISABILITIES ACT RAMPS AT LA QUINTA PARK AND THE NORTHEAST CORNER OF WASHINGTON STREET AND HIGHWAY 111 (PROJECT NO. 2019-12) CONSENT CALENDAR ITEM NO. 9 Councilmember Fitzpatrick and Mayor Evans commended the City’s contracted information technology support team provided by Acorn Technologies, as well CITY COUNCIL MINUTES Page 4 of 12 APRIL 7, 2020 as City Staff, for their efforts, dedication, and exceptional service to ensure the City can continue to provide services to residents virtually and online. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 7 adopting Ordinance No. 584, and Item No. 8 adopting Resolution No. 2020-006. Motion passed unanimously. STUDY SESSION 1. Item taken out of Agenda order >>> DISCUSS NOVEL CORONAVIRUS DISEASE (COVID-19) OPERATIONAL IMPACTS, CONTINUITY OF CITY OPERATIONS, COMMUNITY AND BUSINESS RESOURCES City Manager McMillen, Riverside County Fire Department Chief Fish, Riverside County Sheriff’s Department Lieutenant Buompensario, Community Resources Director Escobedo, Design and Development Director Castro, Public Works Director McKinney, Assistant to the City Manager Villalpando, Marketing Manager Graham, and Finance Director Romero presented the staff report, which is on file in the Clerk’s Office. General discussion followed regarding the City’s compliance with the “stay at home,” public gatherings, and social distancing orders and directives issued by the Governor of California and Riverside County Public Health Officer; majority of Staff is working remotely; Staff’s commendable efforts to implement ever-changing directives on a moment’s notice and to push out information to the community; public meetings are conducted virtually; Riverside County Fire Department operations, staff safety, and ability to handle emergency response requests; Riverside County Sheriff’s Department operations, staff safety, encouraging the public to report non-emergency matters to (760) 836–3215, emphasized the importance to dial 911 for emergencies only, enforcement of social distancing orders in the community by businesses and residents; Code Compliance operations, enforcement of COVID-19 health and safety orders in the community; additional Staff efforts to assist the Sheriff’s Department with compliance; enforcement calls are to be reported to (760) 777–7050, and residents are able to submit COVID-19 specific GoRequest reports online; online services offered to the community include virtual museum, Creation Station blog, La Quinta Digital blog, at-home Fitness Court workouts, and art programs; partnership with Find Food Bank, Staff training, and residents are encouraged to call (760) 564–0096 for food assistance or with questions on any other services or programs related to COVID-19, emphasis is on home-bound seniors; in the works are efforts to establish Washington Street Apartments and Hadley Villas as drop off sites for Find Food Bank; at the March 25, 2020 emergency meeting Council authorized CITY COUNCIL MINUTES Page 5 of 12 APRIL 7, 2020 up to $40,000 to be used to provide food for La Quinta residents; Staff is reaching out to the senior housing communities in the City on a daily basis to provide information and updates on when food deliveries would be available to them; Staff launched an improved microsite webpage for the City’s COVID- 19 updates that will make it easier for users to navigate through the myriad of information; underway are collaborations with the YMCA to use the La Quinta Museum as a child care site for essential workers; La Quinta Creation Station is making face shields for hospitals; the Hub, building, field inspections, and planning services operations, all City permits and projects are applied for and processed electronically, active projects, and inquiries are to be directed to (760) 777-7125; short-term vacation rental (STVR) restrictions, enforcement, and exemptions processing pursuant to Executive Order No. 7 as amended; cancellation of all non-essential meetings; and importance to follow the restrictions imposed on golf courses and STVR per the City’s Executive Orders. Council said residents’ comments related to the restrictions imposed by the City’s several Executive Orders are being received daily and taken under consideration; encouraged residents to continue to provide valuable input; and noted preserving the community’s health and safety by following state, county, and City public health orders and guidelines issued to prevent transmission of COVID-19 is first priority. Further discussion followed regarding closure of playground equipment, group sports courts, and parking lots in proximity of trails; public works operations and employee health and safety precaution measures in place; completed and in-progress public works projects; COVID-19 federal emergency economic relief programs; constantly disseminating most current information to senior housing communities and on the City’s website; IT efforts to ensure the City continues to operate virtually; in progress is the establishment of the City’s COVID-19 Small Business Emergency Economic Relief fund for La Quinta businesses, which Council authorized at the March 25, 2020 emergency meeting and allocated $1.5 million from the City’s Emergency Disaster Fund, and it is anticipated to roll it out in the next couple of weeks. Council encouraged the community to reach out to Staff and provide comments and suggestions regarding the City’s COVID-19 Small Business Emergency Economic Relief Fund program; and noted that supporting and providing assistance to local businesses who have helped La Quinta foster and grow is of upmost priority; reached a consensus to create an ad-hoc committee comprised of Councilmember Radi, Mayor Pro Tem Peña, and Staff to work on developing the process and guidelines for establishing this loan; and hold an emergency meeting if needed to make it available as soon as possible. CITY COUNCIL MINUTES Page 6 of 12 APRIL 7, 2020 General discussion followed regarding the City’s marketing and public information dissemination and media platforms; responding to media inquiries; LifeStream will hold a blood drive on April 15, 2020 at the La Quinta Wellness Center; social media boosting; importance for residents to sign up for the City’s digital notifications, such as Nixle and Quail Mail, in order to receive current information as soon as it is published; encouraged residents to visit the City’s COVID-19 webpage containing a lot of accurate and useful information; City’s participation on digital billboards valley-wide; and in coordination with the Greater Coachella Valley Chamber of Commerce (GCVCC), the City is offering a free business banners program for local businesses to advertise they are open. Council commended the GCVCC for their efforts in mobilizing local business owners to donate supplies and food to front-line essential workers. Council directed Staff to include a “thank you” section in the City’s next Gem publication to acknowledge residents who are following the health and safety orders and have helped flatten the curve. Staff emphasized April is “Census Month” and encouraged everyone to fill out their 2020 census form. Discussion continued regarding Staff’s efforts to establish procedures for tracking COVID-19 related activities and expenses in accordance with Federal Emergency Management Agency (FEMA); anticipated revenue loss for fiscal year 2019/20 is at $7,050,000; projected reductions in expenses, capital improvement projects, contract services, and salary and benefits savings to help offset the revenue loss, as well as available budget surplus and Measure G reserves; estimated unanticipated expenses related to COVID-19 and maintenance of SilverRock Resort, which is currently closed, but is still being maintained; and the City has $11 million in the Economic Disaster Reserve fund and $10.9 million in Unassigned Fund Balance. Council commended Staff for their commitment and extra efforts to provide daily continuity of operations and services, while also responding to and enforcing the ever-changing COVID-19 health and safety order as quickly as possible to safeguard the community. Council noted that if time allows it, Staff could request a couple of members from the Financial Advisory Commission participate on the City’s COVID-19 Small Business Emergency Economic Relief Fund Ad-Hoc Committee, however, this should not cause a delay in rolling it out as quickly as possible. Discussion followed regarding FEMA’s regulations and requirements the City must follow in order to qualify for expenditure reimbursement; reimbursable CITY COUNCIL MINUTES Page 7 of 12 APRIL 7, 2020 and non-reimbursable expenses; the strict and rigorous tracking and documentation the City must keep in order to submit for reimbursement; audit requirements; and the City’s preparedness. Council thanked Staff for providing a clear and realistic financial analysis of the City’s fiscal state, and for collectively addressing and responding to the COVID-19 reality. 2. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2020/21 THROUGH 2024/25 CAPITAL IMPROVEMENT PROGRAM Public Works Director/City Engineer McKinney and Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. Council discussed Transportation Development Impact Fees use restrictions; identifying projects that are “shovel ready” meaning ready to be advertised for bid in 90 days or less; exploring alternative funding sources; confirming that state and federal funds awarded to City projects will not be suspended; importance to continue to invest in the City’s infrastructure; and preparing a holistic evaluation of the projects to determine if COVID-19 effects on the economy will impact the ability to obtain supplies, as well as material costs, and allow Council to make well informed and strategic decisions. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:35 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:45 P.M. WITH ALL MEMBERS PRESENT BUSINESS SESSION 1. ADOPT EMERGENCY RESOLUTION TO WAIVE THE REQUIREMENT TO REVIEW THE NEED FOR LOCAL EMERGENCY EVERY 14 DAYS PURSUANT TO SECTION 2.20.080, SUBSECTION (B) OF THE LA QUINTA MUNICIPAL CODE FOR THE DURATION OF THE STATEWIDE AND LOCAL EMERGENCY RELATED TO NOVEL CORONAVIRUS DISEASE (COVID-19) [EMERGENCY RESOLUTION NO. EM 2020-003] City Clerk Radeva and City Attorney Ihrke presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to adopt Emergency Resolution No. EM 2020-003 waiving the requirement to review the need for a local emergency every 14 days pursuant to Section 2.20.080, Subsection (B), of the La Quinta Municipal Code for the duration of CITY COUNCIL MINUTES Page 8 of 12 APRIL 7, 2020 the statewide and local emergency related to novel coronavirus disease (COVID-19), and ordering that the local emergency remain in effect until terminated by the City Council: AN EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, WAIVING THE REQUIREMENT TO REVIEW THE NEED FOR A LOCAL EMERGENCY EVERY 14 DAYS PURSUANT TO SECTION 2.20.080, SUBSECTION (B) OF THE LA QUINTA MUNICIPAL CODE FOR THE DURATION OF THE STATEWIDE AND LOCAL EMERGENCY RELATED TO NOVEL CORONAVIRUS DISEASE (COVID-19) Motion passed unanimously. 2. ADOPT EMERGENCY RESOLUTION CONSENTING TO DESIGNATION OF THE RIVERSIDE COUNTY PUBLIC HEALTH OFFICER AS THE CITY’S PUBLIC HEALTH OFFICER FOR SPECIFIED PURPOSES PURSUANT TO HEALTH AND SAFETY CODE SECTION 101375 FOR THE DURATION OF NOVEL CORONAVIRUS DISEASE (COVID-19) LOCAL EMERGENCY [EMERGENCY RESOLUTION NO. EM 2020-003] City Attorney Ihrke presented the staff report, which is on file in the Clerk’s Office. Council discussed if adopted, a certified copy of this emergency resolution will be forwarded to the Riverside County Public Health Officer (PHO) in accordance with state law; chain of command; importance to stay at pace and uniformly follow the PHO’s health and safety orders and quarantine regulations to flatten the curve; the PHO is specifically qualified and experienced in handling situations that affect public health; the City has already consented to a similar designation of the City’s animal control officer to the PHO; the City is expressly following PHO’s directives and issuing local Executive Orders if necessary; consenting to designating the PHO would allow Riverside County to use other County resources if needed to enforce compliance with health and safety orders, and provides for an engaged and collaborative regional approach to implement and enforce health directives. Councilmember Sanchez expressed concerns stemming from relinquishing the City’s authority to the PHO, an unelected official. Mayor Evans and Councilmembers Fitzpatrick, Peña, and Radi noted that maintaining local authority is always Council’s first priority, but the COVID-19 pandemic is unprecedented, and expressed general support to consent to designate the PHO because it would be in effect for the duration of the COVID- 19 local emergency only, and it would be limited to specified purposes related to the public’s health and safety. CITY COUNCIL MINUTES Page 9 of 12 APRIL 7, 2020 MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to adopt Emergency Resolution No. EM 2020-004 consenting to designation of the Riverside County Public Health Officer as the City of La Quinta Public Health Officer for specified purposes pursuant to Health and Safety Code Section 101375 for the duration of novel coronavirus disease (COVID-19) local emergency: AN EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONSENTING TO DESIGNATION OF THE RIVERSIDE COUNTY PUBLIC HEALTH OFFICER AS THE CITY OF LA QUINTA PUBLIC HEALTH OFFICER FOR THE PURPOSES SPECIFIED IN CALIFORNIA HEALTH AND SAFETY CODE SECTION 101375 DURING THE PROCLAIMED LOCAL EMERGENCY RELATED TO NOVEL CORONAVIRUS DISEASE (COVID-19) Motion passed – ayes (4), noes (1 – Sanchez) abstain (0). COUNCILMEMBER PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 3 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY INTEREST TO THE PROJECT AND LEFT THE VIDEO TELECONFERENCE MEETING 3. APPROVE CONTRACT CHANGE ORDER NO. 7 WITH GRANITE CONSTRUCTION COMPANY FOR THE LA QUINTA VILLAGE COMPLETE STREETS (PROJECT NO. 2015-03) Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. Council discussed this is a good time to proceed with the proposed improvements and street closures, while the community is following the “stay at home” order; the change order would streamline and complete the project as quickly as possible; and the community will be effectively informed prior to closures and construction begins. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Contract Change Order No. 7 with Granite Construction Company for the La Quinta Village Complete Streets Project 2015-03 in an amount not to exceed $235,092; authorize the Public Works Director to negotiate the agreement; and authorize the City Manager to execute the agreement. Motion passed – ayes (4), noes (0) abstain (0) absent (1 – Peña). PUBLIC HEARINGS – None. DEPARTMENTAL REPORTS CITY COUNCIL MINUTES Page 10 of 12 APRIL 7, 2020 All reports are on file in the City Clerk’s Office. 3. DISCUSS EXTENDING TERM LIMITS OF MEMBERS SERVING ON CITY BOARDS, COMMISSIONS, AND COMMITTEES FOR ONE YEAR DUE TO NOVEL CORONAVIRUS DISEASE (COVID-19) City Clerk Radeva presented the Department Report, which is on file in the Clerk’s Office. Council discussed the one-year term extension should apply to all City board and commission member terms, which would maintain the existing staggering of terms; recommended that Staff contact current members to inform them of this and seek their feedback; and reached a consensus and directed Staff to proceed with preparing a resolution to this effect and bring it back for Council consideration. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Mayor Pro Tem Peña requested that Staff reach out to the California Highway Patrol to seek partnership and collaboration, if possible, and use the California AMBER Alert Plan to effectively and quickly disseminate orders and directives issued by the California Governor to the public. Mayor Pro Tem Peña requested that Staff provide updates related to COVID- 19 orders and directives to former La Quinta Councilmembers, so they stay informed and can help disseminate accurate information to the local community. Mayor Pro Tem Peña commended Mayor Evans’ public healthcare service, dedication, and efforts to ensure the healthcare facilities and providers are prepared and have the essential equipment needed in order to effectively respond to the community’s needs. Mayor Evans noted that Staff has already implemented Council’s directives on establishing centralized email addresses and phone numbers allowing the public to submit comments, reports, and inquiries to the City related to COVID-19. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organization’s meeting:  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU CITY COUNCIL MINUTES Page 11 of 12 APRIL 7, 2020 La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on items scheduled for consideration on April 8, 2020, by the following organization:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2020, Mayor Pro Tem Peña reported on his participation in the following organization’s meeting:  LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE La Quinta’s representative for 2020, Councilmember Radi reported on his participation in the following organization’s meeting:  SUNLINE TRANSIT AGENCY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 7:54 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 9:17 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 54957.1 (Brown Act): 1. CLOSED SESSION ITEM NO. 1 – the Council received updates and discussed the status of the COVID-19 public health emergency MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to further amend City Manager Executive Order No. 7 related to short-term rentals in the La Quinta as follows:  All short-term rentals for 60 days or less in the City of La Quinta are prohibited for the duration of the local emergency; and  No short-term rental for 60 days or less may operate or continue to operate for any one of the limited exceptions listed in Section 4 of City Manager Executive Order No. 7 dated April 3, 2020, unless, prior to any rental or use, or continued rental or use, the owner of the short-term rental delivers documents and evidence sufficient for the City to confirm the rental or use is allowable under one or more of the limited exceptions; and  Citations for violations of this City Manager Executive Order, currently and as to be amended, shall be issued immediately; and CITY COUNCIL MINUTES Page 12 of 12 APRIL 7, 2020  This Executive Order, currently and as to be amended, applies to any unit that may be available or used as a short-term rental regardless of whether rent or other consideration is received; and  The amended Executive Order will take effect the day after its issuance by the City Manager. Council also authorized communicating, through messaging forums and other platforms as City Staff may deem appropriate, the distribution of information and updates relating to the COVID-19 proclaimed local emergency on behalf of the Mayor and City Council. 2. CLOSED SESSION ITEM NO. 2 – there was no reportable action. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Peña/Radi to adjourn at 9:24 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California