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2021 01 19 CC Minutes CITY COUNCIL MINUTES Page 1 of 10 JANUARY 19, 2021   CITY COUNCIL MINUTES TUESDAY, JANUARY 19, 2021 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, N-35-20, and N-60-20 executed by the Governor of California, and the directives under the “Regional Stay At Home Order” from the California Department of Public Health, 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, Finance Director Romero, Senior Accountant Martinez, Senior Planner Flores, Design and Development Director, City Senior Planning Consultant Nicole Criste, Community Resources Director Escobedo, Public Works Director/City Engineer McKinney, and Assistant to the City Manager Villalpando. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA City Manager McMillen requested to pull Consent Calendar Item No. 7 from consideration on tonight’s agenda. Councilmember Peña said he will abstain from the vote on Consent Calendar Item No. 9 due to a potential conflict of interest stemming from the proximity of real property to the project location. Council concurred. CITY COUNCIL MINUTES Page 2 of 10 JANUARY 19, 2021   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 PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER 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 4:06 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 54950 et seq. (Brown Act):  CLOSED SESSION ITEM NO. 1 – the City Council continued its review of the status of the threat to public services and facilities relating to the state and local public health emergencies caused by COVID-19 and the City’s responses to limit the general spread of the virus and took the following action: MOTION – A motion was made and seconded by Mayor Evans/Councilmember Fitzpatrick directing and authorizing the City Manager to amend Executive Order No. 10 and extend the moratorium on accepting new applications for short-term vacation rental (STVR) permits until April 6, 2021. Motion passed: ayes – 4, noes – 1 (Sanchez), abstain – 0. Council will reconvene into Closed Session after the Open Session of the meeting to continue its discussion of Closed Session Item No. 1. CITY COUNCIL MINUTES Page 3 of 10 JANUARY 19, 2021    CLOSED SESSION ITEM NOs. 2 and 3 – Council consider these items after the Open Session portion of the meeting. PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Mayor Evans said 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 record of the meeting:  Marcia Cutchin, La Quinta – in opposition of STVRs;  Arlene Gotshalk, La Quinta – related to STVRs;  Mary Jo McCowan, La Quinta – in opposition of STVRs and requested that the moratorium on new STVR permits be extended;  Judith Neid, La Quinta – in opposition of STVRs and requested that the moratorium on new STVR permits be extended;  Robin and Bob Nenninger, La Quinta – in opposition of STVRs and requested that the moratorium on new STVR permits be extended; and  Craig and Marie Thompson, La Quinta – in opposition of STVRs and requested that the moratorium on new STVR permits be extended. The City Clerk will continue to monitor emails for any additional written comments or requests to speak via telephonic accessibility through the adjournment of the meeting. The following PUBLIC SPEAKERS provided verbal comments via TELEPHONIC ACCESSIBILITY, listed in the order in which they spoke:  Paula Simonds, CEO with Family YMCA of the Desert located in Palm Desert, California – thanked the City for the opportunity for the YMCA to utilize the La Quinta Museum as a facility to provide childcare to essential workers and distant learning programing from April to December 2020; said through its partnership with the City, the YMCA will continue to provide these services starting in January 2021 at the Adams Elementary School; explained the type of programs being offered; and noted the importance of these services to the community;  Jim Lambert, La Quinta – noted the travel and lodging restriction in effect due to COVID-19 are not being followed by STVR operators, implored the Council to extend the moratorium on accepting new STVR permits, and urged the Council to ban STVRs from residential neighborhoods; CITY COUNCIL MINUTES Page 4 of 10 JANUARY 19, 2021    Jelena Tamm, La Quinta/Newport Beach – said she was speaking on behalf of the VRON-LQ organization, asked Council to consider lifting the moratorium on accepting new STVR permits, and noted that there have been reports that Code Compliance is checking STVR properties without reported complaints;  Olivier Chaine, La Quinta – said that Code Compliance is checking STVR properties without reported complaints, and asked the Council to look into this matter and ensure that STVR compliance and enforcement are deployed consistently;  Betty Ortiz, La Quinta – said STVRs are adversely affecting the character of residential neighborhoods;  Marcia Cutchin, La Quinta – said approximately 300 STVR properties in La Quinta were booked via an “instant-book” option offered by hosting platforms (such as AirBNB) which does not allow STVR operators to screen renters prior to confirming the booking, and urged the Council to impose a permanent moratorium on new STVR permits and to establish a cap on the number of STVR permits allowed under this program;  Paul Quill, La Quinta – said he is in opposition of STVRs, and noted some residents have placed temporary signs in their yards stating “Neighborhoods are for Neighbors, not STVRs,” and some of these signs were removed by City staff without notifying the homeowners or providing an explanation of the reasons for removal; City Manager McMillen explained the City has been receiving complaints from residents that these signs were being placed in medians, abandoned properties, and the public right-of-way, which resulted in Code Compliance review of this matter in the same manner in which temporary campaign signs are reviewed, and signs that did not comply with the placement requirements as established by the La Quinta Municipal Code (LQMC) were removed to ensure safety and compliance.  Arlene Gotshalk, La Quinta – thanked the Council for extending the moratorium on accepting new STVR applications, and asked Council to phase-out STVRs in non-gated residential areas and to increase the STVR permit fee. City Clerk Radeva said additional WRITTEN PUBLIC COMMENTS were received by resident Marty Butler, providing a petition signed by residents of the Rancho Ocotillo residential neighborhood in opposition of STVRs being allowed in their neighborhood; these comments were distributed to Council, made publicly CITY COUNCIL MINUTES Page 5 of 10 JANUARY 19, 2021   available, and incorporated into the agenda packet and public record of the meeting. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 1. APPROVE MEETING MINUTES OF NOVEMBER 17, 2020 2. APPROVE MEETING MINUTES OF DECEMBER 1, 2020 3. APPROVE MEETING MINUTES OF DECEMBER 15, 2020 4. APPROVE DEMAND REGISTERS DATED DECEMBER 11, 18, 2020 AND JANUARY 1, 2021 5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2020 6. EXCUSE ABSENCE FOR PLANNING COMMISSIONER MCCUNE FROM THE NOVEMBER 24, 2020 PLANNING COMMISSION MEETING 7. pulled from consideration by City Staff >>> ACCEPT OFF-SITE AND ON- SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 37683, RESIDENCE INN BY MARRIOTT, LOCATED SOUTH OF HIGHWAY 111 AND NORTH OF VISTA CORALINA LANE 8. APPROVE UTILITY AGREEMENT WITH THE CITY OF LA QUINTA AND THE IMPERIAL IRRIGATION DISTRICT FOR THE DUNE PALMS ROAD BRIDGE PROJECT 2011-05/111205 FOR RELOCATION AND THE UNDERGROUNDING OF EXISTING ELECTRICAL FACILITIES 9. ACCEPT FRITZ BURNS PARK SIDEWALK AND PARKING PROJECT NO. 2017-22, LOCATED ON THE NORTH SIDE OF FRANCIS HACK LANE ADJACENT TO THE SKATE PARK MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Consent Calendar Item Nos. 1-6 and 8, as recommended. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 9 Councilmember Peña said he would abstain from voting on Consent Calendar Item No. 9 due to a potential conflict of interest stemming from the proximity of real property to the project location. CITY COUNCIL MINUTES Page 6 of 10 JANUARY 19, 2021   MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Consent Calendar Item No. 9, as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña). BUSINESS SESSION 1. RECEIVE AND FILE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDED JUNE 30, 2020 Finance Director Romero, Senior Accountant Martinez, and City Consultant Lauryn Stapleton, Senior Manager with Eide Bailly LLP presented the staff report, which is on file in the Clerk’s Office. Council commended Staff and the auditors for the timely filing of the CAFR, positioning La Quinta to receive a high financial solvency ranking and move to position no. 5 from 18 within the state of California. Finance Director Romero explained the California State Auditor’s Office ranks all cities within the state based on general fund reserves, the debt burden the City carries, liquidity of the City’s assets, the diversity of revenue trends, addressing the City’s pension obligations, the City’s current and future pension costs, and the City’s Other Post-Employee Benefits (OPEB); Ms. Romero noted that funding the City’s OPEB and pension obligations was critical in moving the City’s ranking up, as well as the adoption of an award-winning Reserve Policy and funding the identified reserves; and mentioned Indian Wells, Rancho Mirage, and Palm Desert also ranked in the top 10. Council discussed the City’s Redevelopment Agency annual loan repayment by the state, due to be completed in 2031; and noted the vigilant efforts of Staff, the oversight of the Financial Advisory Commission, and the City’s conservative approach in its long-term planning, vision, and goals are the reasons which ensure the City remains fiscally solvent going forward. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2020. Motion passed unanimously. STUDY SESSION – None PUBLIC HEARINGS – After 5:00 p.m. 1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SEVERAL SECTIONS OF TITLE 9 ZONING OF THE LA QUINTA MUNICIPAL CODE TO STREAMLINE DEVELOPMENT PROCESSES CITY COUNCIL MINUTES Page 7 of 10 JANUARY 19, 2021   AND STANDARDS; CEQA: EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3) REVIEW FOR EXEMPTIONS – COMMON SENSE RULE; LOCATION: CITYWIDE [ORDINANCE NO. 588] Senior Planner Flores presented the staff report which is on file in the Clerk’s Office. Council discussed the need to revise the language under LQMC Section 9.60.310, subsections (A) and (B) related to resort residential to clarify that this use is not restricted to tourist and resort activity only when it is a “part of a golf/resort country club” to allow for greater flexibility for future developments; the LQMC does not require that there be a clubhouse or a centralized facility servicing the residences in order to establish a neighborhood as resort residential; difference in requirements between “accessory dwelling units” (ADU) and a “junior ADU.” MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:42 P.M. PUBLIC SPEAKER – None Council discussed the ability to allow “tiny-homes” in La Quinta would be subject to meeting the minimum livable area requirements, architectural design, and building regulations per the LQMC; exploring the ability to provide code provisions allowing the minimum livable area requirements to be met utilizing an aggregate approach; trending changes in housing needs and preferences; under the City’s affordable housing regulations, greater flexibility in zoning standards is allowed; the need to revise the language under LQMC Section 9.60.030(A) related to rear and side yard fencing requirements and ability to allow exemptions subject to adjoining property owners waiver, when the fence abuts open space, such as golf course, lake front, or similar area, or the City approves a Minor Use Permit for an alternative approach; a “tiny-home” can be built as an ADU; state regulations require ADUs to be rented for terms longer than 30 days, and this requirement is incorporated into LQMC Section 9.60.090(C)(5); and different requirements between ADUs and guest houses. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:02 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Radi, to make a finding, included in Ordinance No. 588, that adopting this ordinance, as amended, is exempt under the California Environmental Quality Act pursuant to Section 15061(b)(3) Review of Exemptions – Common Sense Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report. Motion passed unanimously. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to move to take up Ordinance No. 588 by title and number only and waive further CITY COUNCIL MINUTES Page 8 of 10 JANUARY 19, 2021   reading as proposed and incorporating the following language amendments and additions:  Add language to Section 9.60.030 Fences and wall, subsection (A) as noted below in blue: “A. Purpose. For purposes of this section, “fence” or “wall” means any type of fence, wall, retaining wall, sound attenuation wall, screen or windscreen. The terms “fence” and “wall” are used interchangeably in this section to mean any or all of the preceding structures. Rear and side yards shall be completely enclosed and screened by view-obscuring fencing, wall, or combinations, unless: 1) Adjoining property owners waive the rear or side yard fencing requirements; or 2) The fence abuts open space, such as golf course, lake front, or similar areas; or 3) A Minor Use Permit is approved by the Design and Development Director for an alternative approach.”  Amend the language in Section 9.60.310 Resort residential, subsections (A) and (B) as noted below in blue: “A. Purpose. Resort residential provides for the development and regulation of a range of specialized residential uses that are individually owned but rented for periods of thirty consecutive days or less, on a regular basis and oriented to tourist and resort activity as part of a golf/resort country club. Land uses include single-family detached or attached residential uses, eating and drinking facilities, small accessory retail and personal service shops, and recreational buildings. B. Review Process. Resort residential uses are permitted when developed as part of a residential golf country club. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 588 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO STREAMLINE DEVELOPMENT PROCESS AND STANDARDS (ZOA 2020-0001) MOTION – A motion was made and seconded by Councilmembers Peña/Radi to introduce at first reading Ordinance No. 588 as recommended. Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. CITY COUNCIL MINUTES Page 9 of 10 JANUARY 19, 2021   MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Fitzpatrick commended Staff for the well organized and attended 8th Annual Community Workshop held on Saturday, January 16, 2021. Mayor Evans echoed Councilmember Fitzpatrick’s comments above related to the Community Workshop and requested that Staff prepare a summary departmental report on the workshop for the next Council meeting. Mayor Evans said the Riverside County Planning Commission approved the proposed Vista Santa Rosa Gateway Project located in Riverside County, and within the City’s sphere of influence, and the project will be moving forward for consideration by the County’s Board of Supervisors at a future date. Mayor Evans noted that the City Council will hold a Special Council Meeting on Wednesday, January 27, 2021, beginning at 5 p.m., to continue its review and consideration of the STVR Program Ad-Hoc Committee recommendations and to receive and hear public testimony from the La Quinta community; and thanked the community’s input and engagement. Councilmember Peña said the League of California Cities Riverside County Division recently held a meeting and presented an update on legislation, re- districting, and the 2020 census; and requested that the City Attorney or Staff follow-up with information on that presentation. 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  CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2020, Councilmember Peña reported on his participation in the following organization’s meeting:  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE  LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE CITY COUNCIL MINUTES Page 10 of 10 JANUARY 19, 2021   La Quinta’s representative for 2020, Councilmember Sanchez reported on his participation in the following organization’s meeting:  LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 6:26 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:54 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 54950 et seq. (Brown Act):  CLOSED SESSION ITEM NO. 1 – no additional actions taken.  CLOSED SESSION ITEM NO. 2 – no actions taken.  CLOSED SESSION ITEM NO. 3 – the Council completed its quarterly review of the City Manager. Additional WRITTEN PUBLIC COMMENTS, listed in alphabetical order, were received between 4:00 p.m. and the adjournment of the meeting, which were distributed to Council, made publicly available, and incorporated into the agenda packet and public record of the meeting:  Bill and Terri Butler, La Quinta – in opposition of short-term vacation rentals (STVRs);  Judy Hoffman, La Quinta – in opposition of STVRs; and  Jim Lambert, La Quinta – related to STVRs and lack of compliance with COVID-19 regulations. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 7:55 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California