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2020 07 21 CC Minutes CITY COUNCIL MINUTES Page 1 of 10 JULY 21, 2020 CITY COUNCIL MINUTES TUESDAY, JULY 21, 2020 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. This meeting provided teleconference accessibility pursuant to Executive Orders N-25-20, N-29-20, N-33-20, and N-35-20, executed 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, Deputy City Clerk Romane, Planning Manager Flores, Senior Planner Flores, Design and Development Director Castro, Public Works Director/City Engineer McKinney, and Management Specialist Kinley. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke in opposition of Council’s deliberations related to Closed Session Item No. 1 on the Agenda relating to the threat to public services or facilities; expressed the importance of governmental transparency; suggested that information related to threat to public services or facilities be discussed in an open forum for community input; and recommended detailed minutes be kept of closed session deliberations as a best practice. City Attorney Ihrke said pursuant to the Ralph M. Brown Act (Government Code §54950 et seq.) minutes for closed session deliberations are not required, and if minutes were kept, they would be exempt from disclosure. CONFIRMATION OF AGENDA Mayor Pro Tem Peña said he will recuse himself from discussion and vote on Business Session Item No. 1 due to a potential conflict of interest stemming from real property interest. CITY COUNCIL MINUTES Page 2 of 10 JULY 21, 2020 Councilmembers Fitzpatrick and Radi said they would like to comment on Consent Calendar Item No. 4. 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. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY 3. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER 4. 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 3:06 P.M. 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 the following pursuant to Government Code §54950 et seq. (Brown Act): CLOSED SESSION ITEM NO. 1 – The City Council continued the discussion of the status of state and local emergencies caused by the threat of the spread of novel coronavirus disease 2019 (COVID-19) and unanimously consented to ratify Executive Order No. 9 governing the use and occupation of short-term vacation rentals (STVR); and Round III COVID-19 Small Business Emergency CITY COUNCIL MINUTES Page 3 of 10 JULY 21, 2020 Economic Relief Program modifications, which Council will consider as Business Session Item No. 2 on tonight’s Agenda. Council will recess back to Closed Session to consider Closed Session Item Nos. 2, 3, and 4 after the open session portion of the meeting. Council provided comments related to the STVR restrictions imposed by Executive Order No. 9, including the increase of complaints from residents stemming from STVR-related disturbances; importance to maintain La Quinta’s quality of life and the fabric of the community; implementing potential modifications based on recommendations provided by the City’s STVR Program Ad-Hoc Committee (Committee) following their review and evaluation of the STVR program; noted the large majority of STVR owners and operators actively manage rental activities to ensure compliance; a small number STVR properties are not able to comply with the applicable regulations; importance in finding the balance between preserving the viability of the program while protecting the community; assess the need for a 90-day moratorium on STVR licenses; directed City staff to reach out to the few problem properties’ owners and notify them that the lack of action is unacceptable, and they must ensure that guests are in compliance; excessive noise that is detrimental to the quality of life for neighbors; balancing ability to utilize STVRs and ensuring compliance with state orders restricting gatherings; noted the diverse make-up of the Committee’s membership, and requested the Committee comprehensively discuss these issues, evaluate expanding accountability to renters, and acknowledged that changes need to be made to the program. A video was played capturing amplified and excessive noise from a STVR property, which was recorded from the adjacent resident’s home. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Mayor Evans said the following WRITTEN PUBLIC COMMENTS were received as of 3:00 p.m., which were distributed to Council, and incorporated into the agenda packet and public record of the meeting:  Greg Parker, La Quinta – related to STVR restrictions  Kimberly Estrada, La Quinta – related to STVR restrictions PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Paula Simonds, La Quinta – thanked Council and the City for providing childcare programming services CITY COUNCIL MINUTES Page 4 of 10 JULY 21, 2020 at the La Quinta Museum for essential workers; and relayed the community’s gratitude for the support during these difficult times. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke in opposition of City Council not documenting minutes of closed session deliberations; and expressed concerns about the mitigation services provided by the Coachella Valley Mosquito and Vector Control District. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Eddy Estrada, La Quinta – thanked the Council for their leadership; suggested the City restrict the number of STVR guests allowed in the rentals to avoid large gatherings; and spoke about his experience with false reporting’s of STVR violations, and the lack of penalties for persons who report false complaints. Council discussed that the suggestions received by Mr. and Mrs. Estrada would be submitted to the Committee for review and consideration; occupancy restrictions on STVR are already in place; issues with false reports; and importance of community input in order to improve the program. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. CERTIFICATES OF RECOGNITION COMMENDING RIVERSIDE COUNTY SHERIFF’S DEPARTMENT SERGEANT DAVID ALDRICH, DEPUTY STEVEN HUYLER, DEPUTY JAVIER PRECIADO, WITH THE LA QUINTA SPECIAL ENFORCEMENT TEAM, AND DEPUTY KEVIN MOORE, WITH THE TRAFFIC ENFORCEMENT TEAM, FOR THEIR DEDICATED PUBLIC SERVICE, BRAVERY, AND HEROIC RESPONSE TO RESIDENTIAL FIRE Mayor Evans, on behalf of the City Council presented Certificates of Recognition to Riverside County Sheriff’s Department Sergeant David Aldrich, Deputy Steven Huyler, and Deputy Javier Preciado, with the La Quinta Special Enforcement Team, and Deputy Kevin Moore, with the Traffic Enforcement Team, and expressed their gratitude for their dedicated public service, and commended them for their bravery and heroic response to a local residential fire, and successfully saving of life. 2. AMERICAN PLANNING ASSOCIATION INLAND EMPIRE CHAPTER 2020 COMPREHENSIVE PLAN-SMALL JURISDICTION AWARD HONORING THE HIGHWAY 111 CORRIDOR PLAN FOR EXCELLENCE IN PLANNING Mayor Evans, on behalf of the City Council presented Design and Development Director Castro, Planning Manager Flores, Senior Planner Flores, and Associate CITY COUNCIL MINUTES Page 5 of 10 JULY 21, 2020 Planner Fernandez with the American Planning Association Inland Empire Chapter 2020 Comprehensive Plan-Small Jurisdiction award; and commended Staff and the community for their collaboration, engagement, and efforts throughout the development process of the Highway 111 Corridor Plan. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: David Dinnel, La Quinta – said 90% of guests fully comply and follow the guidelines provided by STVR owners and operators, and 10% try to deviate and require interference and monitoring by the owners and operators; expressed concerns about the adverse financial effects of the COVID-19 pandemic, and the lack of any financial assistance to STVR business-owners; and spoke in opposition of the City imposing a moratorium on STVR. CONSENT CALENDAR 1. APPROVE MINUTES DATED JUNE 16, 2020 2. APPROVE MINUTES DATED JULY 7, 2020 3. ADOPT RESOLUTION TO APPROVE MODIFICATIONS TO CODORNIZ MAINTENANCE ASSOCIATION FEE AND FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATION OF EASEMENTS [RESOLUTION NO. 2020-026] 4. AWARD CONTRACT TO URBAN HABITAT FOR CONSTRUCTION OF THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT LOCATED AT LA QUINTA RANCHO OCOTILLO DEVELOPMENT, ON THE SOUTH SIDE OF FRED WARING DRIVE AND EAST SIDE OF ADAMS STREET (PROJECT NO. 2016-03E) 5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2020 6. APPROVE DEMAND REGISTERS DATED JULY 3 AND 10, 2020 MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 3 adopting Resolution No. 2020-026, respectively. Motion passed unanimously. CITY COUNCIL MINUTES Page 6 of 10 JULY 21, 2020 CONSENT CALENDAR ITEM NO. 4 Councilmember Fitzpatrick commended staff for their quick and efficient progress on the citywide La Quinta Landscape Renovation Projects, and said she looks forward to having the project completed in five years instead of 10. Councilmember Radi thanked the La Quinta community for the passing of Measure G in 2016 approving a 1% Sales and Use Tax, and noted that the City is able to continue to invest in capital improvement projects and maintain the City’s infrastructure quality because of Measure G revenues. Mayor Pro Tem Peña echoed the comments noted above, and expressed Council’s gratitude to former Councilmembers’ efforts related to Measure G. BUSINESS SESSION 1. ADOPT RESOLUTION GRANTING ESSI ENGINEERING A WAIVER OF UNDERGROUNDING UTILITY LINES IN ASSOCIATION WITH DESERT CLUB APARTMENT DEVELOPMENT LOCATED AT 51480 DESERT CLUB DRIVE (PROJECT NO. UW 2020-0001) [RESOLUTION NO. 2020-027] MAYOR PRO TEM PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 1 DUE TO POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY TO THE PROJECT SITE AND LEFT THE DAIS Mayor Evans said La Quinta resident Philip Bettencourt submitted WRITTEN PUBLIC COMMENTS expressing his disappointment that the project would not be built-out as the design was originally intended and approved. Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed that granting this waiver would waive the Condition of Approval requiring that utility lines be undergrounded and the poles would remain as they currently exist; and this could potentially result in a decrease of available parking. PUBLIC SPEAKER: Robert Capetz, Property Owner with Nispero Properties, Inc. – spoke on behalf of the applicant, ESSI Engineering – said not undergrounding the utility poles will not decrease the project’s number of parking; noted the project cannot move forward unless a waiver to undergrounding the utility lines is granted; explained that IID would need to install six poles instead of four if the utilities are undergrounded due to the complex network of connection at the project site; and noted that CITY COUNCIL MINUTES Page 7 of 10 JULY 21, 2020 undergrounding the utility lines would be more effective if it is considered comprehensively for the entire area surrounding the project. General discussion followed whether the presence of the utility poles would have an adverse financial effect on the project; and potential to replace the existing ones with more aesthetically pleasing poles. PUBLIC SPEAKER: Travis Maston, Project Manager with Imperial Irrigation District (IID) – said the circumstances as presented by Staff and the Applicant are correct; explained the large network of connections both overhead and underground at the project’s site; and noted if the poles are undergrounded IID would have to install six instead of the existing four to maintain its ability to provide power to the adjacent parcels; and indicated the existing poles can be replaced with more appealing ones. General discussion followed about the challenges of installing additional poles when the City is trying to encourage undergrounding; the existing overhead lines and poles feed in all directions at this location and there is a complicated combination of overhead and underground primary and secondary feeds; potential impacts on the City, Developer, and the project; inefficiencies with removing and undergrounding only certain poles; the undergrounding utilities should be considered comprehensively for the entire area, inclusive of the surrounding properties in all directions; allow the developer and Staff to work with IID to identify alternatives, specific to construct underground conduits within the project site so that utility infrastructure is in place for future undergrounding; ability to impose conditions on granting the waiver; the City has conducted a city-wide undergrounding study which indicated it would be a costly project; possibility to collect in-lieu development impact fees and is it feasible to impose them; plans for city-wide undergrounding would need to be engineered, drawn, and approved by IID, the City, and phone/cable companies; IID’s ability to draft a conduit plan for future undergrounding; advised having a meeting with Applicant and IID to outline the expectations related to the project; Staff’s ability to have this item ready for re- consideration at the next regular Council meeting. Council noted that the Applicant and IID could provide alternatives for consideration, such as draft conduit installation specifications for future undergrounding; the waiver should be conditioned to require that conduits be installed on the project site; and reached a consensus to continue this item to the next regular Council meeting of August 4, 2020. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to continue consideration of this item to the next regular City Council meeting of August 4, 2020, in connection with a proposed condition CITY COUNCIL MINUTES Page 8 of 10 JULY 21, 2020 of approval to be attached to the waiver related to a requirement to prepare the site for future utility lines undergrounding by trenching and installing conduit. Motion passed: ayes 4, noes 0, absent 1 (Peña). MAYOR PRO TEM PEÑA RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING PUBLIC HEARINGS – After 5:00 p.m. – Item taken out of Agenda order 1. ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2020-028] City Clerk Radeva introduced President and CEO Terry Madsen with ClearSource Financial Services who presented the staff report, which is on file in the Clerk’s Office. General discussion followed regarding the different definitions and parameters of what constitutes a ‘housing project’ under Senate Bill 330. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:10 P.M. PUBLIC SPEAKER: James Brownyard, Vice President of Legislative Affairs with the Desert Valley Builders Association (DVBA) – spoke in support of the proposed updates to the master fee schedule; and thanked Council and Staff for allowing the DVBA to be a part of the process. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Gretchen Gutierrez, CEO with the DVBA – spoke in support of the proposed updates to the master fee schedule; and thanked the City and Council for the collaboration with the DVBA and the support to the development community by not increasing development-related fees. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:17 P.M. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2020-028 to update the City’s current user and regulatory Master Fee Schedule: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES Motion passed unanimously. CITY COUNCIL MINUTES Page 9 of 10 JULY 21, 2020 BUSINESS SESSION – Continued 2. APPROVE MODIFIED ROUND III COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM FOR LA QUINTA BUSINESSES IMPACTED BY CORONAVIRUS DISEASE AND RELATED BUDGET ADJUSTMENT Management Specialist Kinley presented the staff report, which is on file in the Clerk’s Office. Council discussed California Governor’s state mandate to close all indoor operations for potentially up to five weeks, and the detrimental effects this closure would have on small businesses; importance of supporting and providing financial assistance to small businesses during the closure through this mortgage/lease and utilities reimbursement program; time restraints on the reporting period to the state in order to secure the CARES Act funds; number of eligible businesses who are encouraged to apply for the program to receive a maximum of $10,000; CARES Act funding would be utilized to fund this program; business application deadline for reimbursement requests is August 31st for allowable expenses through July 31st; and directed Staff to monitor the program and evaluate the need to modify the deadline for allowable expenses if funds are still available. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to approve modified Round III COVID-19 Small Business Emergency Economic Relief Program as follows:  Offer one-time 100% one-month rent/mortgage and utility reimbursement to other La Quinta businesses, in addition to restaurants with a physical storefront, consisting of nail salons; facial and esthetician service;, shaving; waxing and threading; massage therapy; body art, tattoo and piercing; fitness centers; hair salons and barbershop;, impacted by California state mandate to cease indoor operation, for a total not to exceed amount of $10,000. Motion passed unanimously. STUDY SESSION – NONE DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS – None CITY COUNCIL MINUTES Page 10 of 10 JULY 21, 2020 REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  COACHELLA VALLEY MOUNTAINS CONSERVANCY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 6:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:22 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke said the City Council continued consideration of the remaining Closed Session items and reported the following pursuant to Government Code Section 54950 et seq. (Brown Act): CLOSED SESSION ITEM NO. 2 – Council completed the City Attorney’s annual performance evaluation and reaffirmed his appointment. CLOSED SESSION ITEM NO. 3 – Council continued the City Manager’s annual performance evaluation until the August 4, 2020 regular City Council meeting. CLOSED SESSION ITEM NO. 4 – There were no actions that require reporting. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Peña to adjourn at 8:23 p.m. Motion passed unanimously. Respectfully submitted, NICHOLE ROMANE, Deputy City Clerk City of La Quinta, California