Loading...
2021 12 07 CC MinutesCITY COUNCIL MINUTES Page 1 of 7 DECEMBER 7, 2021 CITY COUNCIL MINUTES TUESDAY, DECEMBER 7, 2021 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 4:00 p.m. by Mayor Evans in remembrance of the Japanese attack on Pearl Harbor, December 7, 1941. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted 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, Deputy City Clerk Romane, Management Assistant McGinley, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Community Resource Manager Calderon, Public Works Director/City Engineer McKinney, Finance Director Martinez, Interim Accounting Manager Hallick, Design and Development Director Castro, Planning Manager Flores, Code Compliance Supervisor Meredith, Permit Technician Lorett. CONFIRMATION OF AGENDA City Clerk Radeva said City Attorney Ihrke will make a verbal announcement on Business Session Item No. 1 regarding the salaries and fringe benefits of the City’s executive employees pursuant to the Brown Act [Government Code Section 54953(c)(3)]. CLOSED SESSION – None PLEDGE OF ALLEGIANCE Councilmember Peña led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CITY COUNCIL MINUTES Page 2 of 7 DECEMBER 7, 2021 ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION RECOGNIZING LIEUTENANT BUOMPENSIERO WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT FOR HIS PUBLIC SERVICE Mayor Evans presented a Proclamation to retiring Lieutenant Buompensiero, La Quinta’s Assistant Police Chief for his public service. Captain Lopez and each Councilmember added their appreciation and thanks to the Lieutenant. 2. INTRODUCE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT NEW LIEUTENANT ANDRES (ANDY) MARTINEZ Captain Lopez introduced Lieutenant Andres (Andy) Martinez and gave a brief description of his experience. Lieutenant Martinez thanked Council for their warm welcome. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES DATED NOVEMBER 2, 2021 2. APPROVE COUNCIL MEETING MINUTES DATED NOVEMBER 16, 2021 3. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) 4. AUTHORIZE OVERNIGHT TRAVEL FOR THE MARKETING MANAGER TO ATTEND 2022 VISIT CALIFORNIA OUTLOOK FORUM IN SAN FRANCISCO, CALIFORNIA, FEBRUARY 13-16, 2022 5. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES CITY MANAGER’S CONFERENCE IN MONTEREY, CALIFORNIA, FEBRUARY 2-4, 2022 6. ADOPT RESOLUTION TO AMEND FISCAL YEAR 2021/22 SALARY SCHEDULE INCREASING THE MINIMUM WAGE RATE EFFECTIVE JANUARY 1, 2022 [RESOLUTION NO. 2021-042] CITY COUNCIL MINUTES Page 3 of 7 DECEMBER 7, 2021 7. APPROVE CHANGE ORDER NO. 2 TO CONTRACT WITH R DEPENDABLE CONST INC. FOR THE FIRE STATION NO. 70 REVITALIZATION PROJECT NO. 2019-07 FOR ADDITIONAL MISCELLANEOUS REQUESTED WORK MOTION – A motion was made and seconded by Councilmembers Radi/Peña to approve the Consent Calendar as recommended, with Item No. 3 affirming Resolution No. 2021-035 and Item No. 6 adopting Resolution No. 2021-042. Motion passed unanimously. WRITTEN PUBLIC COMMENTS City Clerk Radeva said written public comments were received from Brad Anderson of Rancho Mirage in opposition to Consent Calendar Item No. 3, Resolution No. 2021-035; Mr. Anderson’s written comments were distributed to Council and incorporated into the agenda packet and public record of the meeting. BUSINESS SESSION 1. APPROVE EMPLOYMENT AGREEMENT WITH CLAUDIA MARTINEZ TO SERVE AS FINANCE DIRECTOR/CITY TREASURER City Manager McMillen presented the staff report, which is on file in the Clerk’s Office. Verbal Announcement: City Attorney Ihrke announced that pursuant to Government Code Section 54953(c)(3), prior to taking final action, there shall be a verbal report on the summary of recommended final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits to any local agency executive, as defined by Government Code Section 3511.1, subdivision (d), during the open meeting in which the final action is to be taken. The recommendation of Business Session Item No. 1 will approve an employment agreement for the Finance Director/Treasurer position, a “local agency executive,” as defined, and fringe benefits as listed below effective December 20, 2021:  Annual salary is set at $143,887.60  Health benefit cap of $1,742 per month applies based on the 2021 approved citywide benefit cap. MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to approve the At-Will Employment Agreement with Claudia Martinez to serve as Finance Director/City Treasurer effective December 20, 2021; and authorize the City Manager to execute the agreement. Motion passed unanimously. CITY COUNCIL MINUTES Page 4 of 7 DECEMBER 7, 2021 Council heard from Claudia Martinez via Zoom. Ms. Martinez expressed her appreciation to Council and City Staff for their support and dedication. 2. ADOPT RESOLUTION TO CONFIRM CAMPAIGN CONTRIBUTION LIMITS TO FOLLOW SATE LAW, ESTABLISH CITY REGULATIONS RELATING TO SPECIFIC CAMPAIGN CONTRIBUTIONS, AND AUTHORIZE SPECIFIED PENALTIES FOR VIOLATIONS OF CITY REGULATIONS PURSUANT TO ASSEMBLY BILL 571 (STATS. 2019, CHAPTER 556) [RESOLUTION NO. 2021-043] City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. Council clarified that accepting campaign contributions does not create a conflict of interest; Council discussed the effect the new regulations would have on Primary Elections; limits on Political Party contribution to Statewide candidates; effect of not adopting City limits; City’s ability to adopt higher or lower contribution limits; limits on Independent Committee contributions; application of limits to local municipal elections; inefficiency of changing bank accounts, election committee numbers, etc. for each election; and amending Section 3 of the proposed Resolution to state that the City shall have no limits on campaign contributions. City Attorney Ihrke made suggested language to amend the proposed Resolution to include Council’s desire to eliminate a limit on campaign contributions. MOTION - A motion was made and seconded by Councilmembers Peña/ Sanchez to continue this item to the December 21, 2021, Council meeting and amend the Resolution to eliminate the contribution limit. Motion passed unanimously. STUDY SESSION 1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM CURRENT CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT OVERVIEW, AND CURRENT AND FUTURE OBJECTIVES AND INITIATIVES City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. Code Compliance Supervisor Meredith and Permit Technician Lorett assisted in answering Council questions. CITY COUNCIL MINUTES Page 5 of 7 DECEMBER 7, 2021 Council discussed the effect of increased fines on the number of complaints received and on sales of investor-owned homes; understanding that rentals for 30 nights or more is not a STVR, it is a tenancy, and therefore, not addressed by the STVR Program and not included in the STVR data; availability of disturbance data on properties rented for 30 nights or more; disturbance data on properties leased for 30 nights or more is not included in any STVR data; removing online listings of unpermitted properties and collecting fines and Transient Occupancy Tax (TOT) from unpermitted operators; existing and new booking platforms; zero valid complaints and no enforcement actions on homeshare properties; the importance of residents notifying the City of complaints so that complaint data is accurate, and their complaints can be addressed by Code Compliance; the effect of the ban has resulted in a significant reduction in active permits and resident complaints as anticipated; permit attrition may resolve the permit density concern; overdue cooperation from STVR hosting platforms to assist with owner compliance; the explosion of STVRs in 2020 that residents had to endure; City’s incremental actions to address the Program’s problems, and subsequent data reflecting the resulting improvements; municipal code amendments adopted with input from all groups is working; goals of both pro-STVR and anti-STVR advocates are the same; greater compliance from permitted STVRs allows staff to be proactive in identifying and eliminating un-permitted STVRs; revisiting the ban on new permits, and considering allowing a certain number of new permits per year, or some other parameter; allowing new permits only in zones designated for STVRs so as not to reverse the progress made in reducing STVR problems residents have endured; exempting homeshare from the ban on new permits; clarification that the “ban” is not a ban on the STVR Program, but a ban on new permits; density concern is gradually being resolved by the decrease in permits being renewed; cost of STVR Program, including Code Compliance time, is fully funded by STVR permit fees and violation fines – no General Fund money is being spent on the Program; as permit density and related fees decrease in residential zones, the Program’s self-sufficiency will have to be re- examined if unpermitted properties continue to consume the bulk of Code Compliance time; and Council’s approach to residents’ issues was to amend the Program so that it balances the needs of both residents and visitors to our resort city. Council thanked staff for the quality of the report, and the impressive data collected and well presented. Councilmember Sanchez supports lifting the ban on all STVRs, or at a minimum allowing a certain number of new permits per year, or setting a total permit limit so unrenewed permits open a slot for a new permit to be issued. CITY COUNCIL MINUTES Page 6 of 7 DECEMBER 7, 2021 Councilmembers Radi and Fitzpatrick do not support lifting the ban on new STVR permits in residential zones, but only support new permits in commercial zones designated for STVRs. Council reached a consensus and directed staff to:  Add this staff report to the City’s STVR website page;  Include updated STVR data in the quarterly department report to Council;  Agendize a Study Session on the STVR Program every six months;  Include STVR compliance with TOT payments in future reports;  Include STVR Program’s economics in future reports, and;  Add Program updates to the Community Workshop scheduled for January. COUNCIL RECESSED TO THE OPEN HOUSE AT 5:53 PM MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE MEETING AT 6:33 PM PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Radi announced the passing of former Councilmember Kristy Franklin. Council observed a moment of silence in her memory. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2021, Mayor Evans reported on her participation in the following organizations’ meetings:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION  IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION  COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS La Quinta’s representative for 2021, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  COACHELLA VALLEY MOUNTAINS CONSERVANCY La Quinta’s representative for 2021, Mayor Pro Tem Radi reported on his participation in the following organization’s meeting:  SUNLINE TRANSIT AGENCY CITY COUNCIL MINUTES Page 7 of 7 DECEMBER 7, 2021 Council also acknowledged successful events in the City such as the Ironman competition, City’s and La Quinta Resort’s tree lighting, Museum’s historic casita holiday lighting, Art on Main Street, and the City’s shred and hazardous waste collection events. Council thanked staff for publishing fireworks permits and for the intersection monitoring cameras installation. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Peña to adjourn this meeting at 6:46 p.m., in honor and in memory of former La Quinta Councilmember Kristy Franklin who recently passed away. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California