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2020 12 01 CC MinutesCITY COUNCIL MINUTES Page 1 of 11 DECEMBER 1, 2020 CITY COUNCIL MINUTES TUESDAY, DECEMBER 1, 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 COUNCILMEMBER SANCHEZ JOINED THE MEETING AT 3:01 P.M. STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, Finance Director Romero, City Clerk Radeva, Deputy City Clerk Romane, Public Works Director/ City Engineer McKinney, Management Analyst Mignogna, Community Resources Director Escobedo, Animal Control/Code Compliance Supervisor Meredith, Hub Manager Sanchez; Design and Development Director Castro; and Public Safety Manager Mendez PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed 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 (Review Continued Need and Response to Proclaimed State and Local Emergencies Caused by COVID-19) 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO CITY COUNCIL MINUTES Page 2 of 11 DECEMBER 1, 2020 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 3:02 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 54950 et seq. (Brown Act). PLEDGE OF ALLEGIANCE Mayor Pro Tem Peña led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA The following WRITTEN PUBLIC COMMENTS, listed in alphabetical order, were received as of 4:00 p.m., which were distributed to Council, made publicly available, and incorporated into the agenda packet and public records of this meeting:  Marcia Cutchin, La Quinta – in opposition of short-term vacation rentals (STVRs);  Pamela Glasier, La Quinta – in opposition of STVRs;  Rod McGuire, La Quinta – in support of keeping the moratorium on new STVR permits and the stricter outside noise regulations for STVRs;  Kathleen Mirabal, La Quinta – in support of STVRs;  Noelani Nelson, La Quinta – in opposition of STVRs;  Sean Parham, La Quinta – in support of STVRs;  Steven Parker, La Quinta – in opposition of STVRs;  Mark Parnell, La Quinta – in support of STVRs; and  Craig Thompson, La Quinta – provided recommendations related to STVR operations. The following PUBLIC SPEAKERS, listed in the order in which they spoke, provided verbal comments VIA TELEPHONIC ACCESSIBILITY:  Emmanuel Martinez, Government Affairs Specialist with Imperial Irrigation District (IID) – said IID is experiencing a high volume of account delinquency due to COVID-19, however, no services have been shut-off at this time; IID has not received any CARES Act state funding; assistance programs are available to low-income and senior customers; the IID Board is welcoming recommendations on how best to address this situation; and CITY COUNCIL MINUTES Page 3 of 11 DECEMBER 1, 2020 customers are encouraged to contact IID to make payment arrangements if their accounts are delinquent.  Abigail Gonzalez, La Quinta – said she recently lost her pet to a coyote attack and suggested that the City put up “coyote” warning signs on popular hiking trails and walk paths in the city to make pet owners aware of this danger.  Kathy Hartung, La Quinta – said she addressed the Council back in September 2020 regarding STVR concerns on Fiesta Drive; commended the City for imposing stricter regulations and effective enforcement efforts related to STVRs; said although STVR activities have improved, there are still adverse effects to the residential neighborhoods, and it is important to find a balance; and provided recommendations on how compliance with the STVR program can be improved. The following PUBLIC SPEAKERS, listed in the order in which they spoke, provided verbal comments IN-PERSON:  Eddy Estrada, La Quinta – spoke in support of the proposed STVR code amendments; said a group of PGA West homeowners has come together, entitled “WeLoveLaQuinta.com,” to find solutions and a balance between residents and STVR owners; and noted this group is interested in providing input on the STVR Ad-hoc Committee’s recommendations when they are brought forward for Council consideration.  Marcia Cutchin, La Quinta – spoke in opposition of STVRs; said STVRs should not be allowed in residential communities and they negatively impact the neighborhoods; and requested that the moratorium on new STVRs permits be extended indefinitely.  Stella Church, La Quinta – spoke in opposition of STVRs; related negative impacts on the community; and the amount of resources utilized by the City to enforce compliance.  Al Garcia, La Quinta – spoke in support of STVRs; said STVRs support the local economy; noted there are always both good and bad operators; and provided recommendations on how STVR owners can better screen guests to ensure respect and compliance with the rules and regulations.  David Dinnel, La Quinta/Los Angeles – said the news report issued by KESQ (News Channel 3) on November 20, 2020 by John White was inaccurate; spoke in support of STVRs; and noted the VRON-LQ organization’s objective is to work with the community to find solutions and establish a balance between residents and STVR owners. CITY COUNCIL MINUTES Page 4 of 11 DECEMBER 1, 2020  Dori Quill, La Quinta – spoke in opposition of STVRs and the lack of neighborhood community they bring about; and submitted a petition signed by La Quinta residents in opposition of STVRs. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – NONE CONSENT CALENDAR 1. APPROVE SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 10, 2020 2. APPROVE CHANGE ORDER NO. 1 TO CONTRACT WITH JONES BROS CONSTRUCTION COMPANY FOR THE SILVERROCK WAY STREET IMPROVEMENTS PROJECT NO. 2014-13/141513 3. APPROVE CHANGE ORDER NO. 3 TO CONTRACT WITH PWLC II, INC FOR LANDSCAPE MAINTENANCE SERVICES TO INCLUDE ADDITIONAL SERVICE AREAS IN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED SEPTEMBER 30, 2020 5. APPROVE DEMAND REGISTERS DATED NOVEMBER 13 AND 20, 2020 MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1. APPROPRIATE MEASURE G FUNDING FOR THE SILVERROCK PARK VENUE PROJECT NO. 2016-08 AND SILVERROCK RETENTION BASIN SOIL STABILIZATION PROJECT NO. 2020-07 Public Works Director/City Engineer McKinney introduced Management Analyst Mignogna who presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Richard (Dick) Mills, Chair of the Financial Advisory Commission (FAC) – said the FAC is taking a conservative approach in its funding recommendations in light of the adverse economic effects of COVID-19; and would like to evaluate all viable options available to the City to ensure fiscal responsibility as well as community safety. CITY COUNCIL MINUTES Page 5 of 11 DECEMBER 1, 2020 Council discussed the importance of completing the preliminary design for the SilverRock retention basin soil stabilization as quickly as possible; and to have the SilverRock Event Site Ad-hoc Committee collaborate with the FAC SilverRock Event Site subcommittee to discuss and evaluate the design and fiscal ramifications of the retention basin in order to bring back to Council a cohesive report for review and consideration. Council further discussed only well and non-potable water is being used at SilverRock, and the objective is to convert it to canal water; and the staff report incorrectly stated that potable water is being used. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to appropriate Measure G funding in the amount of $290,000 for the SilverRock Park Venue Project No. 2016-08 for additional project improvements, and $10,000 for preliminary design of the SilverRock Retention Basin Soil Stabilization Project No. 2020-07. Motion passed unanimously. 2. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS [ORDINANCE NO. 586] Community Resources Director Escobedo and Animal Control/Code Compliance Supervisor Meredith presented the staff report, which is on file in the Clerk’s Office. Council discussed the City’s ability to enforce proposed Section 3.25.080(B) which requires hosting platforms to confirm that a STVR property is properly licensed and in good standing prior to completing booking transactions, and to issue citations if a platform is not compliant; adding “hosting platform” to the list of person(s) and entities under Section 3.25.090(C) to which the City may issue a notice of violation; it is each hosting platform’s legal obligation to comply with all applicable laws; the City’s compliance enforcement actions would be addressed to the company’s identified enforcement department, and legal actions would be served on the designated agent for service of process with the state of California; the list of sound amplifiers under Section 3.25.070(E) does not need to be exhaustive, it is meant to provide examples of devices; and the California state’s definition of a STVR is 30-days or less and the City follows the same regulation. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Richard de Sam Lazaro Senior Manager with Government and Community Affairs, speaking on behalf of Expedia Group – spoke in support of the proposed LQMC amendments, in particular the additional hosting platforms related requirements; and said they are interested in exploring voluntary collection agreements authorizing the CITY COUNCIL MINUTES Page 6 of 11 DECEMBER 1, 2020 hosting platform to collect and remit transient occupancy tax (TOT) generated by STVRs, which would then be paid out to the local agency on a quarterly basis. Council discussed that an owner would not be required to obtain a new STVR permit due to a change in bedrooms under Section 3.25.050(B)(3) as the existing STVR permit would be re-issued to reflect the amended approved number of bedrooms; add language in Section 3.25.050(B) noting that a STVR permit is valid for one (1) year, and to clarify the term “reissue” refers to the reissuance of an existing STVR permit fo r the balance of the one (1) year period, which is different than renewing a STVR permit; change of ownership of a STVR property requires the new owner to obtain a new STVR permit in order to continue operating as a STVR, however, exceptions can apply based on Staff review when the change of ownership does not trigger a reassessment of the property by the Riverside County Assessor (Assessor) or any other reassessment of property value transaction, such as property title change due to a marriage, trust, etc., in such instances the existing STVR permit would be re-issued; add language to Sections 3.25.050(B)(2) and 3.25.060(F) to clarify that change of ownership of a business entity of any kind would require a new STVR permit; consider imposing limitations on the maximum number of bedrooms a STVR can be permitted for regardless of the number of bedrooms the property has; the permitted number of bedrooms must be properly listed in all advertisements and if not the City may take enforcement actions; ability to implement software solutions and implement a periodic update of the City’s records to provide an up-to-date database based on the Assessor’s records to ensure consistency and accuracy; allowed response time for STVR owner or local contact should be reduced from 45 to 30 minutes throughout Sections 3.25.070(C) and 3.25.070(G); the LQMC already includes language which provides that recreational vehicles cannot be used as extra bedrooms for additional STVR occupancy; the LQMC provides that legally parked recreational vehicles are allowed to remain for a maximum of 72-hours; the LQMC includes a maximum occupancy restrictions based on the number of approved bedrooms; Staff does not enforce HOA parking restrictions, and enforces only LQMC parking restrictions; increase the fines in Section 3.25.090(E)(2) related to operating a STVR without a valid permit to one thousand dollars ($1,000) for first violation, five thousand dollars ($5,000) for second or more violations, and add language prohibiting an owner for all time from being eligible to obtain a STVR permit for use of a property; increase the fines in Section 3.25.090(E)(1) to one thousand dollars ($1,000) for first violation, two thousand dollars ($2,000) for second violation, and three thousand dollars ($3,000) for third violation; and add language to Section 3.25.060(C) noting that the first violation for failing to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a second or subsequent violation for the same may also result in STVR permit revocation, which may be permanent. CITY COUNCIL MINUTES Page 7 of 11 DECEMBER 1, 2020 MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to take up Ordinance No. 586 by title and number only and waive further reading as proposed and incorporating the following additional amendments:  Add language to Section 3.25.050(B) noting that a STVR permit is valid for one (1) year, and to clarify the term “reissuance” refers to the reissuance of an existing STVR permit for the balance of the one (1) year period;  Add language to Sections 3.25.050(B)(2) and 3.25.060(F) to clarify that a new owner of a property includes a new person and/or new entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property;  Add language to Section 3.25.060(C) to clarify the first violation for failing to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a second or subsequent violation for the same may also result in STVR permit revocation, which may be permanent;  Reduce the allowed response time for STVR owner or local contact from 45 to 30 minutes throughout Sections 3.25.070(C) and 3.25.070(G);  Add “hosting platforms” to the list of entities that can be fined under Sections 3.25.090(C) and 3.25.090(E);  Amend the language and modify the fines in subsections (1) and (2) of Section 3.25.090(E) as follows: 1. General STVR Violations (Occupancy/Noise/Parking). a. First violation: one thousand dollars; b. Second violation: two thousand dollars; c. Third violation: three thousand dollars. 2. Operating a STVR Without. a. First violation: three thousand dollars; b. Second or more violations: five thousand dollars; c. Add language noting that operating a STVR without a valid STVR permit shall be cause for an owner to be prohibited for all time from being eligible to obtain a STVR permit for use of a property. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 586 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT TERM VACATION RENTALS MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to introduce at first reading Ordinance No. 586 as proposed and incorporating the additional amendments noted above. Motion passed unanimously. CITY COUNCIL MINUTES Page 8 of 11 DECEMBER 1, 2020 MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:42 P.M. MAYOR EVANS RECONVENED THE MEETING AT 6:49 P.M. WITH ALL MEMBERS PRESENT 3. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12.69 OF THE LA QUINTA MUNICIPAL CODE RELATED TO GOLF CARTS [ORDINANCE NO. 587] Design and Development Director Castro and Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. Council discussed the ability to add language to Section 12.69.040(M) allowing the use of golf carts and low speed vehicles (LSV) on sidewalks for state, federal, or local government employees, school district and HOA maintenance crew or personnel; ability to add language to Section 12.69.040(M) to also allow persons to operate golf carts and LSV on sidewalks that are designated as a golf cart path upon the discretion of the City Engineer; electric scooters are not considered LSV under the California Vehicle Code (CVC); update the golf cart map to clearly notate that both LSV and neighborhood electric vehicles (NEV), which are a form of LSV, are allowed on designated golf cart routes; amend Section 12.69.030(B)(8) to allow for mirror combinations; expressed general support on the proposed removal of the requirement to obtain a golf cart permit through the City as it is covered by CVC; proper signage will need to be added on sidewalks where golf carts and LSV/NSV are allowed; and directed Staff to actively promote the City’s golf cart route maps. Staff said marketing and community promotional efforts are already underway. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to take up Ordinance No. 587 by title and number only and waive further reading as proposed and incorporating the following additional amendments:  Add language to Section 12.69.040(M) to note that golf carts and LSV/NSV can be operated on sidewalks by state, federal, or local government employees, school district and HOA maintenance crew or personnel; as well as by persons on sidewalks that are designated as golf cart paths; and  Add “or” to Section 12.69.030(B)(8) to allow for mirror combinations. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 587 into the record: CITY COUNCIL MINUTES Page 9 of 11 DECEMBER 1, 2020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 12.69 OF TITLE 12 OF THE LA QUINTA MUNICIPAL CODE RELATED TO GOLF CARTS MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to introduce at first reading Ordinance No. 587 as proposed and incorporating the additional amendments noted above. Motion passed unanimously. STUDY SESSION 1. DISCUSS POLICE SERVICES RECOMMENDATIONS PREPARED BY AD-HOC POLICE SERVICES REVIEW COMMITTEE Community Resources Director Escobedo and Public Safety Manager Mendez presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: George Batavick, Financial Advisory Commissioner – said he was honored to serve on the Police Services Review Committee (Committee) and gave a brief overview of the Committee’s recommendations as listed in Attachment 1 to the staff report. Council commended all Committee members for their time and efforts and expressed general support for all proposed recommendations by the Committee. Council discussed the reallocation of police services by increasing utilization of Community Service Officers (CSO); La Quinta is one of the safest cities in Riverside County with very low crime rates, which continue to decline; importance to maintain the City’s public safety reserves; importance to ensure proper monitoring systems are in place for accurate data collection to evaluate if the proposed reallocation of police services is in fact effective and can realize cost savings while maintaining the same level of service for the community; the City has been conducting annual service analysis since 2015; the community’s safety is paramount; the new city-wide camera system will likely result in efficiencies in service; importance to develop other measurable statics, in addition to crime statistics, that can help measure the effectiveness of the proposed service reallocations; and the police team’s proactive community outreach. PUBLIC SPEAKER: Riverside County Sheriff’s Department Lieutenant Buompensiero spoke about the distinct duties assigned to the different levels of police staff – Deputies, CSOs, Sergeants, etc.; anticipated training schedule for CSOs; ability to monitor level of daily calls; existing staffing levels; and “proactive time” definition. CITY COUNCIL MINUTES Page 10 of 11 DECEMBER 1, 2020 Council reached a consensus and directed staff to proceed as recommended with the reallocation of police services by reducing patrol hours from 135/day to 130/day and increasing utilization of CSOs, initiate pilot program of the Riverside County Sheriff’s Department Research and Development model in January 2021, and report back results to Council in April 2021. PUBLIC HEARINGS – After 5:00 P.M. 1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2021/22 [RESOLUTION NO. 2020-040] Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:52 P.M. PUBLIC SPEAKER: – None The Boys and Girls Club applies the allocated CDBG funds to assist La Quinta residents. Councilmember Radi said his son attends the Boys and Girls Club, however, he does not receive any funding assistance for any services provided, thus, there is no conflict of interest. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:53 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to adopt Resolution No. 2020-040 to authorize the City Manager to submit applications to the Riverside County Economic Development Agency for Community Development Block Grant funds, execute the Supplemental Agreements for fiscal year 2021/22, and allocate $22,650 to the Boys and Girls Club of the Coachella Valley Fee Waiver/Reduction Program and $128,350 to the City of La Quinta Americans with Disabilities Act Improvements Project: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS, AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT FOR FISCAL YEAR 2021/2022 Motion passed unanimously. DEPARTMENTAL REPORTS CITY COUNCIL MINUTES Page 11 of 11 DECEMBER 1, 2020 All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Fitzpatrick reported on her attendance at the formal opening and dedication of the East Indio Hills Trailhead (aka Badlands Trail) on November 20, 2020, located at Avenue 42 and Golf Center Parkway in Indio. Mayor Evans commended the holiday decorations and lights at the Civic Center Campus. Mayor Evans said Riverside County Planning Commission public hearing scheduled for December 2, 2020, regarding the Vista Santa Rosa Gateway Village project, will likely be continued to December 16, 2020; and noted that following Council’s discussion of this project at the November 17, 2020, meeting, a letter, on behalf of the City Council, was sent to the county requesting a 90- day continuance of the project. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organizations’ meetings:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2020, Councilmember Radi reported on his participation in the following organization’s meeting:  CVAG TRANSPORTATION COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 8:05 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California