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2021 03 16 CC Minutes Reg Mtg & HA Minutes Sp MtgMINUTES Page 1 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING JOINT CITY COUNCIL REGULAR MEETING AND HOUSING AUTHORITY SPECIAL MEETING MINUTES TUESDAY, MARCH 16, 2021 CALL TO ORDER – CITY COUNCIL A regular meeting of the La Quinta City Council was called to order at 3:02 p.m. by Mayor Evans. This meeting provided teleconferencing 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, 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 in 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, Code Compliance/Animal Control Supervisor Meredith, Community Resources Director Escobedo, Community Resources Manager Calderon, Community Resources Coordinator Magallanez, Housing Specialist Kinley, Public Works Director/City Engineer McKinney, Management Analyst Ferreira, Assistant to the City Manager Villalpando, City Affordable Housing Consultant Becky Caha, Associate Engineer Yu, Design and Development Director Castro, Senior Emergency Management Coordinator Johnston, Finance Manager Martinez, and Financial Services Analyst Hallick. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Peña said he will recuse himself from discussion and vote on Consent Calendar Item No. 1 due to a potential conflict of interest stemming from the proximity of his real property to project locations, and requested it be pulled for a separate vote. Mayor Evans requested that Consent Calendar Item Nos. 9 and 10 be pulled and moved to Business Session Item Nos. 2 and 3, respectively. Council concurred. MINUTES Page 2 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING 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. 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 3:05 P.M. CALL TO ORDER – HOUSING AUTHORITY A special meeting of the La Quinta Housing Authority was called to order at 3:06 p.m. by Chairperson Fitzpatrick. PRESENT: Authority Members Evans, Peña, Radi, Sanchez, Chairperson Fitzpatrick ABSENT: None VERBAL ANNOUNCEMENT – AB 23 as made by Authority Secretary Radeva. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA - Confirmed CLOSED SESSION – HOUSING AUTHORITY 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 51319 WASHINGTON STREET (APN: 770-174-002) HOUSING AUTHORITY NEGOTIATOR: JON McMILLEN, EXECUTIVE DIRECTOR MINUTES Page 3 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING PROPERTY OWNER: LA QUINTA HOUSING AUTHORITY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT HOUSING AUTHORITY CHAIRPERSON FITZPATRICK RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:07 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 COUNCIL: City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). HOUSING AUTHORITY CHAIRPERSON FITZPATRICK RECONVENED THE OPEN SESSION PORTION OF THE HOUSING AUTHORITY MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION – HOUSING AUTHORITY: Authority Counsel Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). CHAIRPERSON FITZPATRICK ASKED MAYOR EVANS TO ACT AS PRESIDING OFFICER FOR THE HOUSING AUTHORITY DURING THE JOINT REGULAR CITY COUNCIL AND SPECIAL HOUSING AUTHORITY MEETINGS PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – CITY COUNCIL and HOUSING AUTHORITY PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA – CITY COUNCIL The following citizens, listed in alphabetical order, provided WRITTEN PUBLIC COMMENTS, including any received prior to the adjournment of the meeting at 11:08 p.m., which have been distributed to Council, made publicly available, and incorporated into the agenda packet: 1. Borders, Kathy (La Quinta) – opposes STVRS. 2. Caggiano, Matt and Pelletier, Anne (La Quinta) – opposes STVRs. 3. Cardenas, Whitney (La Quinta) – opposes STVRs. 4. Cutchin, Marcia (La Quinta) – requests a ban on STVRs. 5. Lambert, Barbara (La Quinta) – requests STVR density regulations. MINUTES Page 4 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING 6. Lambert, Jim (La Quinta) – requests STVR density regulations. 7. Langson, Sandy (La Quinta) – requests STVR density regulations. 8. Moad, Larry (La Quinta) – supports STVRs; and requests the same rules for STVRs and homeowners. 9. Park, David (La Quinta) – requests a ban on STVRs. 10. Paynter, Bruce (La Quinta) – opposes STVRs. 11. Pracht, Patricia (La Quinta) – requests elimination of STVRs. 12. Pracht, Terry (La Quinta) – requests elimination of STVRs. 13. Reed, Diane (La Quinta) – noted California State law gives homeowners the right to rent their home. 14. Thompson, Craig (La Quinta) – requests restricting STVRs to areas that are set-up for such activity. The following citizens, listed in the order in which they spoke, provided VERBAL PUBLIC COMMENTS VIA TELECONFERENCE ACCESSIBILITY: 1. Gordon, Tommy, Public Information Officer, Coachella Valley Mosquito and Vector Control District – provided details on the District’s mosquito control efforts for 2020 in La Quinta. 2. Cutchin, Marica (La Quinta) – opposes STVRs; provided statistics on residents for and against STVRs based on speakers at previous meetings, i.e., 24% residents for and 76% residents against STVRs; concerned about the apparent relationship between proponents of STVRs and Councilmembers; concerned that STVRs are consuming moderately-priced housing; stated it is not incumbent on City to financially assist those wishing to fund second homes; objects to relying on the market to correct the imbalance because it has never happened in any City; and supports a permanent moratorium at a minimum. 3. Reed, Diane (La Quinta) – opposes requirement to get a City permit to rent your home; and stated that Californians have a legal right to rent their property without limitation and without permit requirements. 4. Lambert, Jim (La Quinta, PGA West) – opposes STVRs in residential zones; supports density limits; provided PGA West HOA’s voting results re STVRs; and supports a referendum if Council is unsure of residents’ positions. 5. Dinnel, David (Los Angeles/La Quinta) – supports STVRs; part-time resident who rents his property as a STVR; called for best practices; STVR owners will convert garages to auxiliary dwelling units if they cannot have STVRs which will cause more problems for neighbors; and listed the benefits of STVRs managed by good operators. 6. Shoffstall, Don (La Quinta) – supports action on N4N recommendations; provided details on N4N’s vision document and survey; expressed disappointment in Council’s dismissal of data and recommendations N4N provided; noted that the few who speak during Council meetings is not a valid gauge of residents’ positions; requested that, at a minimum, Council extend the moratorium for one year, thoroughly discuss all N4N MINUTES Page 5 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING recommendations at a public meeting, and ensure that residents’ side of any debate is fully represented. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA – HOUSING AUTHORITY – None. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – CITY COUNCIL – None. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – HOUSING AUTHORITY 1. PRESENTATION BY COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE DIRECTOR TOM KIRK REGARDING THE CV HOUSING FIRST PROGRAM Tom Kirk, Executive Director of the Coachella Valley Association of Governments (CVAG), Tom Cox, Management Analyst with CVAG, and Greg Rodriguez, Government Relations and Public Policy Advisor to Supervisor V. Manual Perez, presented information on the CV Housing First Program, its objectives, current efforts, and recent results. CONSENT CALENDAR – CITY COUNCIL 1. Pulled for a separate vote by Councilmember Peña >>> ADOPT ORDINANCE NO. 589 ON SECOND READING ADDING CHAPTER 11.100 TO THE LA QUINTA MUNICIPAL CODE RELATED TO A POLICY WITH OPERATIONAL PROCEDURES FOR A PUBLIC SAFETY CAMERA SYSTEM 2. ADOPT ORDINANCE NO. 590 ON SECOND READING AMENDING CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS 3. ADOPT RESOLUTION CONFIRMING THE EXTENSIONS OF THE TERMS OF MEMBERS OF CERTAIN CITY COMMISSIONS FOR ONE ADDITIONAL YEAR AS AUTHORIZED BY CITY COUNCIL EMERGENCY RESOLUTION NO. EM 2020-006 ADOPTED DUE TO THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY NOVEL CORONAVIRUS DISEASE (COVID-19); AND CONFIRMING THE RESUMPTION OF APPLICABLE TERM LIMITS COMMENCING JULY 1, 2021 [RESOLUTION NO. 2021-007] 4. AUTHORIZE SUBMITTAL OF GENERAL PLAN AND HOUSING ELEMENT PROGRESS REPORTS FOR CALENDAR YEAR 2020 TO MINUTES Page 6 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING THE OFFICE OF PLANNING AND RESEARCH AND THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 5. AUTHORIZE THE PUBLIC WORKS DEPARTMENT WITH THE ABILITY TO AWARD FUTURE WORK TO DESERT CONCEPTS CONSTRUCTION FOR FISCAL YEAR 2020/21 WHEN THEY ARE THE LOWEST AND/OR QUALIFIED BIDDER 6. APPROVE 2021 PAVEMENT MANAGEMENT PLAN 7. APPROVE PURCHASE WITH DELL MICROSOFT LICENSING FOR MICROSOFT 365 LICENSES AND AZURE ACTIVE DIRECTORY 8. APPROPRIATE FUNDING AND AWARD CONTRACT TO R DEPENDABLE CONST, INC. FOR FIRE STATION NO. 70 REVITALIZATION MISCELLANEOUS PROJECT NO. 2019-07, LOCATED ON THE SOUTHWEST CORNER OF MADISON STREET AND AVENUE 54 9. Pulled by Mayor Evans and moved to Business Session Item No. 2 >>> APPROVE AMENDMENTS NO. 1 TO AGREEMENTS FOR CONTRACT SERVICES WITH HERMANN DESIGN GROUP, INC., DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., AND DAVID EVANS AND ASSOCIATES, INC. FOR ON-CALL LANDSCAPE ARCHITECTURAL DESIGN SERVICES 10. Pulled by Mayor Evans and moved to Business Session Item No. 3 >>> APPROVE AMENDMENTS NO. 1 TO AGREEMENTS FOR CONTRACT SERVICES WITH HEGGE ELECTRICAL CONTRACTORS, INC. AND VINTAGE ELECTRIC FOR ON-CALL ELECTRICAL SERVICES 11. APPROVE CHANGE ORDER NO. 4 TO CONTRACT WITH JONES BROS CONSTRUCTION COMPANY FOR THE SILVERROCK WAY STREET IMPROVEMENTS PROJECT NO. 2014-13/141513 FOR CONSTRUCTION OF DRY UTILITY SLEEVES, LANDSCAPE IRRIGATION SLEEVES, AND CVWD IRRIGATION MODIFICATIONS 12. APPROVE DEMAND REGISTERS DATED FEBRUARY 26 AND MARCH 5, 2021 13. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2021 MINUTES Page 7 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING CONSENT CALENDAR ITEM NO. 2 The following citizens, listed in alphabetical order, provided WRITTEN PUBLIC COMMENTS, including any received prior to the adjournment of the meeting at 11:08 p.m., which have been distributed to Council, made publicly available, and incorporated into the agenda packet: 1. Gotshalk, Arlene (La Quinta) – requests Chapter 3.25 Ordinance amendments. 2. Storbo, Dick (La Quinta) - requests Chapter 3.25 STVR Ordinance amendments. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: 1. Gotshalk, Arlene (La Quinta) – opposes the separate category for primary residences used as STVRs due to enforcement problems that will arise and multiple ways of evasion; opposes the enforcement language in the Ordinance as it is not definitive; opposes the consequences for “two strikes” in the Ordinance because it is unclear, without teeth and arbitrary, and; requests that owners with two strikes be permanently banned from the program – the same consequence as those operating without a permit. At the request of Council, Code Compliance/Animal Control Supervisor Meredith and City Attorney Ihrke explained the purpose of the enforcement language in Ordinance No 590 being necessary due to the differing circumstances of STVR complaints and violations. Council explained the reasoning for designating a separate permit type for primary residences; not placing a limit on bookings per year; expectation that attrition will occur if the moratorium remains in place; and; that during the permit renewal process, all citations and violations issued to the owner are taken into consideration. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to approve Consent Calendar Item Nos. 2-8 and 11-13 as recommended, with Item No. 2 adopting Ordinance No. 590 and Item No. 3 adopting Resolution No. 2021-007. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 1 – CITY COUNCIL COUNCILMEMBER PEÑA SAID HE WILL ABSTAIN FROM DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 1 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY TO THE PROJECT LOCATION MINUTES Page 8 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to approve Consent Calendar Item No. 1 adopting Ordinance No. 589 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña). CONSENT CALENDAR - HOUSING AUTHORITY 14. APPROVE QUARTERLY MEETING MINUTES DATED JANUARY 19, 2021 15. ADOPT RESOLUTION CONFIRMING THE EXTENSIONS OF THE TERMS OF THE HOUSING COMMISSION MEMBERS FOR ONE ADDITIONAL YEAR AS AUTHORIZED BY CITY COUNCIL EMERGENCY RESOLUTION NO. EM 2020-006 ADOPTED DUE TO THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY NOVEL CORONAVIRUS DISEASE (COVID-19); AND CONFIRMING THE RESUMPTION OF APPLICABLE TERM LIMITS COMMENCING JULY 1, 2021 [RESOLUTION NO. HA 2021-001] MOTION – A motion was made and seconded by Chairperson Fitzpatrick/ Authority Member Radi to approve Consent Calendar Item Nos. 14 and 15 as recommended, with Item No. 15 adopting Resolution No. HA 2021-001. Motion passed unanimously. BUSINESS SESSION – CITY COUNCIL 1. APPROVE PILLARS OF THE COMMUNITY NOMINATIONS Community Resources Coordinator Magallanez presented the staff report, which is on file in the City Clerk’s Office. Council discussed the criteria to qualify as a pillar for the community which includes a longevity component; and establishing a youth inspiration award or junior pillar of the community award or some other means to recognize the significant contributions of young residents each year. Council directed Staff to develop a program to recognize La Quinta’s exceptional youth. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Victory Grund, founder of Old Town Artisan Studio, as a Pillar of the Community for 2021 as recommended by the Community Services Commission. Motion passed unanimously. 2. Pulled by Mayor Evans from Consent Calendar Item No. 9 and moved to Business Session >>> APPROVE AMENDMENTS NO. 1 TO MINUTES Page 9 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING AGREEMENTS FOR CONTRACT SERVICES WITH HERMANN DESIGN GROUP, INC., DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., AND DAVID EVANS AND ASSOCIATES, INC. FOR ON-CALL LANDSCAPE ARCHITECTURAL DESIGN SERVICES Public Works Director/City Engineer McKinney presented the staff report, which is on file in the City Clerk’s Office. Council discussed that these projects were part of the Capital Improvement Projects budget; increasing funds by $50,000 for this year but maintaining the existing $200,000 for the following two years; and confirmed that a new request for proposals will be circulated at the end of year three to give all local firms an opportunity to submit proposals. MOTION – A motion was made and seconded by Mayor Evans/Councilmember Radi to approve Amendments No. 1 to Agreements for Contract Services with Hermann Design Group, Inc., David Volz Design Landscape Architects, Inc., and David Evans and Associates, Inc. for on-call landscape architectural design services at the funding level of $250,000 for the current fiscal year, and the pre-approved $200,000 funding level for each of the remaining two years of the contract term; and authorize the City Manager to execute the amendments. Motion passed unanimously. 3. Pulled by Mayor Evans from Consent Calendar Item No. 10 and moved to Business Session >>> APPROVE AMENDMENTS NO. 1 TO AGREEMENTS FOR CONTRACT SERVICES WITH HEGGE ELECTRICAL CONTRACTORS, INC. AND VINTAGE ELECTRIC FOR ON-CALL ELECTRICAL SERVICES Public Works Director/City Engineer McKinney presented the staff report, which is on file in the City Clerk’s Office. Council discussed the increased demand on these services this fiscal year. MOTION – A motion was made and seconded by Mayor Evans/Councilmember Peña to approve Amendments No. 1 to Agreements for Contract Services with Hegge Electrical Contractors, Inc. and Vintage Electric for on-call electrical services at the funding level of $200,000 for the current fiscal year and the pre-approved $100,000 funding level for each of the remaining years of the contract term; and authorize the City Manager to execute the amendments. Motion passed unanimously. MINUTES Page 10 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING BUSINESS SESSION – HOUSING AUTHORITY 4. Renumbered, was Business Session Item No. 2 >>> ADJUST BUDGET APPROPRIATIONS AND APPROVE FUNDING TO PROVIDE ASSISTANCE TO AREA HOMELESS SERVICE PROVIDERS AND HOMELESS PREVENTION PARTNERS FOR FISCAL YEAR 2020/21 Housing Specialist Kinley presented the staff report, which is on file in the City Clerk’s Office. PUBLIC SPEAKERS VIA TELECONFERENCE ACCESSIBILITY: 1. Gaeta-Mejia, Veronica, Chair of the La Quinta Housing Commission – explained that she was the dissenting vote on the Commission to allocate additional funding to CVAG rather than just Martha’s Village and Kitchen and Coachella Valley Rescue Mission, because CVAG funds are applied valley wide and not for La Quinta directly. 2. Barrack, Linda, CEO and President, Martha’s Village and Kitchen (MVK) – explained the increased meals and housing placements provided by the organization during the pandemic; distribution of masks and sanitizers; served La Quinta residents as well as those employed in and attending school in La Quinta; provided on-site tutoring, five days per week for K-12 students; provided continuous daycare; became certified by the State as Workforce Development Specialists to get clients employment-ready; found jobs for 291 clients; had to close the Thrift Store and discontinue on site AA and NA meetings, but set up Zoom meetings; became a COVID testing site; referred the most vulnerable families to rent assistance programs such as Lift-to-Rise, and if not approved, MVK provided assistance to these families; current locations in Indio, Palm Springs and Desert Hot Springs and soon opening in Mecca; and provided recuperative care. 3. Rodriguez, Greg, Government Relations and Public Policy Advisor to Supervisor V. Manuel Perez – explained funding provided by the Desert Health Care District for CV Housing First Program; noted that all nine Valley cities will be participating; and expressed gratitude for the increased coordination and collaboration among area organizations, cities and the county with each fulfilling different community needs addressing the continuum of care needed to cure homelessness. 4. McKinney, Kimberly, Grants Manager, Coachella Valley Rescue Mission (CVRM) – stated CVRM celebrated its 50-year anniversary last week; explained that CVRM has housed 270 people, with their eight family rooms continuously full during the pandemic; purchased mobile shower trailers now in use; had no COVID cases among its residents; provided job training in eight areas; established a housing department which has found housing for 33 people in the last six months; initiated a hospital discharge program; and announced that CVRM will be building a Thrift MINUTES Page 11 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING Store next to the Mission to provide job training and clothing to the neighborhood. Authority Members discussed their gratitude for the organizations providing services to prevent and reverse homelessness; thankfulness that La Quinta is financially able to contribute funding; the insignificance of city boundaries when tackling homelessness; the effectiveness of pooling funds and maximizing dollars by joining forces; helping people thrive strengthens all communities and is a human duty; reliance on expertise of CVAG, MVK, and CVRM; desire to continue to be a regional example; and the City’s plans to address affordable housing and explore collaboration on this issue too. MOTION – A motion was made and seconded by Chairperson Fitzpatrick/ Authority Member Radi to adjust budget appropriations from Low-Mod Housing Authority funds, for a total allocation of $300,000 to provide assistance to area homeless service providers and homeless prevention partners of $100,000 each to Coachella Valley Rescue Mission, Martha’s Village and Kitchen, and Coachella Valley Association of Governments for Fiscal Year 2020/21. Motion passed unanimously. 5. Renumbered, was Business Session Item No. 3 >>> ADJUST BUDGET APPROPRIATIONS AND APPROVE AGREEMENT FOR CONTRACT SERVICES WITH J&H ASSET PROPERTY MANAGEMENT, INC. FOR RESIDENTIAL PROPERTY MANAGEMENT SERVICES AT DUNE PALMS MOBILE ESTATES Management Analyst Ferreira presented the staff report, which is on file in the City Clerk’s Office. Housing Authority Counsel Ihrke and Authority Member Evans explained the process and timing by which the City purchased the Dune Palms Mobile Estates, and the need for property management services. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: 1. Hickenbottom, Julie, Regional Manager, J&H Asset Property Management, Inc, – stated that there are 100 spaces in the Estates with 87 occupied; and that J&H has received no questions or concerns from tenants regarding the Housing Authority’s purchase of the Estates. Authority Members discussed the lack of investment in the Estates by the previous owner; AND the Housing Authority’s plan to improve and maintain the Estates through the J&H contract. MOTION – A motion was made and seconded by Chairperson Fitzpatrick/ Authority Member Peña to adjust budget appropriation and approve Agreement for Contract Services with J&H Asset Property Management, Inc. MINUTES Page 12 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING for residential property management services at Dune Palms Mobile Estates in an amount not to exceed $118,860; and authorize the Executive Director to execute the agreement as recommended. Motion passed unanimously. 6. Renumbered, was Business Session Item No. 4 >>> APPROVE FREQUENTLY-ASKED-QUESTIONS FOR PLACEMENT ON THE CITY’S AFFORDABLE HOUSING WEBSITE PAGE Housing Specialist Kinley presented the staff report, which is on file in the City Clerk’s Office. Housing Authority Counsel Ihrke explained that State law is not definitive regarding whether a “qualified permanent resident” in a senior housing unit can be a rent-paying roommate; and that the law has been interpreted to mean that a “qualified permanent resident” is a spouse or family member versus a paid caretaker. Housing Authority Consultant Becky Caha via ZOOM, stated that State law may be vague by design given discrimination and complexity of housing matters; the definition of economic support is entirely a policy decision for the Housing Authority; historically, owners take roommates to help them financially and for general safety to continue living independently; the deed restriction, which last for 45 years from the unit’s first purchase, and the CC&Rs, which are forever unless amended, contain the 55+ age restriction; children inheriting such units must resell it if they are not age 55+; new buyers are subject to a one-time income certification at purchase; at the end of the 45-year covenant (and 30-year covenant under the earlier program), Housing Authority financial assistance is forgiven and the affordability restriction is lifted; the restrictions are different for affordable rentals; and should the Housing Authority adopt a policy that roommates must meet the same income restriction as owners, she recommends for privacy reasons, that HA staff certify roommates’ income and verify that an appropriate lease is in place, rather than the HOA performing these tasks. Authority Members discussed enacting a policy requiring roommates to be income certified every year; and providing clear information to owners that any roommate becomes a tenant, they become a landlord, and all tenant protections under California law would apply. WRITTEN PUBLIC COMMENTS were received from the following prior to the adjournment of the meeting at 11:08 p.m., including those received during the live meeting, and have been distributed to the Housing Authority, made publicly available, and incorporated into the agenda packet: 1. Lewis, James (La Quinta – owner of a unit at Watercolors) – supports the proposed frequently asked questions providing clarity on rental restrictions and occupancy as drafted. MINUTES Page 13 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING MOTION – A motion was made and seconded by Authority Member Radi/ Chairperson Fitzpatrick to approve the affordable housing frequently-asked- questions to be posted on the Housing Authority/City of La Quinta’s website as recommended. Motion passed unanimously. PUBLIC HEARINGS – CITY COUNCIL 1. ADOPT RESOLUTION TO VACATE A PORTION OF AUTO CENTRE WAY SOUTH [RESOLUTION NO. 2021-008] Associate Engineer Yu presented the staff report, which is on file in the City Clerk’s Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:45 P.M. PUBLIC SPEAKERS – None. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2021-008 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF AUTO CENTRE WAY SOUTH Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:45 P.M. MAYOR EVANS RECONVENED THE JOINT COUNCIL AND HOUSING AUTHORITY MEETING AT 8:08 P.M. STUDY SESSION – CITY COUNCIL 1. DISCUSS MORATORIUM ON PROCESSING NEW APPLICATIONS FOR SHORT-TERM VACATION RENTALS (STVR) Design and Development Director Castro and Code Compliance/Animal Control Supervisor Meredith presented the staff report, which is on file in the City Clerk’s Office. Council discussed sites and options for future Tourist Commercial developments, and; the ability of HOAs to allow STVRs and hospitality (HR) areas, and the City’s ability to also do so via development agreements. The following citizens, listed by subject matter first, followed by alphabetical order, provided WRITTEN PUBLIC COMMENTS, including any received prior to MINUTES Page 14 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING the adjournment of the meeting at 11:08 p.m., which have been distributed to Council, made publicly available, and incorporated into the agenda packet: The following residents requested that Council adopt a permanent moratorium on new STVR permits: 1. Armendarez, Edward (La Quinta) 2. Borders, Bill (La Quinta) 3. Browning, Toby (La Quinta) 4. Glasier, Pamela (La Quinta) 5. Gotshalk, Arlene (La Quinta) 6. Hagedorn, Pattie (La Quinta) 7. Heredia, Joan (La Quinta) 8. Hoffman, Judy (La Quinta) 9. Kneeter, Gretchen (La Quinta) 10. McGuire, Rod (La Quinta) 11. Nugent, Bob (La Quinta) 12. Nugent, Robin (La Quinta) 13. Ohda, Robert (La Quinta) 14. Quill, Paul (La Quinta) 15. Thompson, Marie (La Quinta) 16. Vano, Laura (La Quinta) 17. Vince, Barbara (La Quinta) 18. Vince, Vicki (La Quinta) 19. Wolff, Kay (La Quinta) Other comments received were as follows: 20. Bloesser, Rex (La Quinta) – requests placing STVRs on the ballot for a public vote. 21. Heylman, Sydney (La Quinta) – requests lifting the moratorium on new STVRs. PUBLIC SPEAKERS VIA TELECONFERENCE ACCESSIBILITY listed in the order in which they spoke: 1. Tamm, Jalena (La Quinta/Newport Beach) – opposes a permanent moratorium as just a means to phase out STVRs; believes continuing the moratorium is unjustified because the justification used to originally enact it was the State’s stay-at-home orders; since stay-at-home orders are lifted, the moratorium should also be lifted; and HOAs with CC&Rs permitting STVRs should not be included in any extension of the moratorium. 2. Gotshalk, Arlene (La Quinta Cove) – full time resident; permanent moratorium is not related to the pandemic but in response to the STVR Program Ad-Hoc Committee’s and residents’ input; the 670 outside investors operating STVRs want to determine the fate of thousands of permanent residents; residents speaking against STVRs at public meetings has consistently been in the 75% range; listed the reasons MINUTES Page 15 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING residents oppose STVRs; and supports a permanent moratorium on unsupervised STVRs in residential neighborhoods. Council discussed bans enacted by many other California cities; middle ground seeming to be a permanent moratorium on general STVRs; from public input, it’s apparent that current numbers of general STVRs are at over-capacity; should the Council do nothing, there will be a ballot measure on STVRs; excluding HOAs, Tourist Commercial (TC), and Village Commercial (VC) zones from a moratorium extension; extending the moratorium versus a stay on new permits, and the timing and legal definitions of each; collecting data post- pandemic to pinpoint problems under normal conditions; allowing recent changes to the program, i.e., new fees, fines, and other provisions to take effect then reevaluating; fairness of lifting the moratorium for some types, such as primary residences, but not others; both full-time and part-time residents are not at property during a STVR, so singling out only part-time residents for a stay on new permits is not consistent; difference in disruption between home-based businesses and STVR businesses; need for a definitive decision so home sellers/buyers can evaluate when to sell, where to buy, and affordability with/without STVR option; recommendation of N4N group to place a 3% cap on STVRs, not a ban; a moratorium extension or a stay would have no effect on existing good operators; pros and cons of placing a “sunset” date or “sunset” conditions/triggers on a moratorium/stay; pros and cons of competition between STVRs in residential zones and TC zones; goal to stop growth and preserve the program; 418 general STVR permits in the Cove and North La Quinta – data on these is needed so good operators can be preserved; timing of lifting the local emergency declaration and related Executive Orders; and the possibility of including a quarterly review if a stay is enacted by ordinance. Council gave direction to Staff to (1) research the accuracy of the TC zone within Rancho La Quinta noted on the Power Point map; (2) breakdown the data on citations/code actions further to show the number of unpermitted, number of repeat offenders, and number permanently suspended from the program; and (3) prepare an Ordinance imposing a stay on the issuance of all types of new STVR permits in residential zones with no sunset date or triggers, exempting (a) TC and VC zones, (b) communities governed by an HOA and CC&Rs, and (c) communities governed by a Development Agreement that permits STVRs. 2. DISCUSS COVID-19 OPENING PLAN STRATEGY FOR CITY FACILITIES Senior Emergency Management Coordinator Johnston presented the staff report, which is on file in the City Clerk’s Office. MINUTES Page 16 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING Council discussed Wellness Center appointment duration and sterilizing time; Wellness Center capacity restrictions; undesirability of setting vaccination status as any criteria for use of any facility; public pool restrictions defaulting to State guidelines; details of the State’s face-covering rule; and status of each of the 10 Executive Orders. Council directed the City Manager to do the following:  Executive Order No. 1: keep in place  Executive Order Nos. 2, 3, 4, 5, and 6: terminate (default to State guidelines)  Executive Order No. 7: previously terminated  Executive Order No. 8: terminate (default to State guidelines)  Executive Order No. 9: modify the “immediate 90-day suspension” to a 30-day suspension; terminate “no sound amplification at any time” for homeowner occupying the home only, but sound restrictions in the Municipal Code and STVR regulations remain in place; and regarding fines, refer to previous Council actions on the matter.  Executive Order No. 10: extend the moratorium on all types of new STVR permits until June 1, 2021. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. City Clerk Radeva read into the record of the meeting the written comments provided by Joan Heredia and Edmund Armendarez, as requested by the authors, regarding their opposition to STVRs. COUNCIL AND HOUSING AUTHORITY MEMBERS’ ITEMS Councilmember Radi announced that SunLine Transit Agency will hold a Celebration of Life for its long-time employee Tommy Edwards tomorrow. Mayor Evans provided an update on the status of the lease extension for the operator of the Lake Cahuilla Recreation Area which is expected to go before the County Board of Supervisors on March 23, 2021, and the importance of County approval of the extension because if it is not approved, the Lake will be closed to the public the next day. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organization’s meeting:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION MINUTES Page 17 of 17 MARCH 16, 2021 JOINT CITY COUNCIL REGULAR MEETING & HOUSING AUTHORITY SPECIAL MEETING La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) ADJOURNMENT – CITY COUNCIL and HOUSING AUTHORITY There being no further business, a motion was made and seconded by Councilmembers/Authority Members Peña/Radi to adjourn the Joint City Council regular meeting and Housing Authority special meeting at 11:08 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California