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2022 08 02 CC MinutesCITY COUNCIL MINUTES TUESDAY, AUGUST 2, 2022 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, Assistant City Attorney Van Ligten, City Clerk Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Management Analyst Kinley, Community Resources Director Escobedo, Community Resource Manager Calderon, Human Resources Analyst Triplett, Public Safety Manager Mendez, Animal Control/Code Compliance Supervisor Meredith, Public Works Director/City Engineer McKinney, and Planning Manager Flores PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA Mayor Evans asked to pull Consent Calendar Item No. 6 for separate discussion and vote. Council concurred. CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957; CONSULTATION WITH RIVERSIDE COUNTY SHERIFF'S DEPARTMENT, SERGEANT CHRIS OLSEN COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:33 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE COUNCIL MEETING AT 4:13 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Assistant City Attorney Van Ligten reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). CITY COUNCIL MINUTES Page 1 of 8 AUGUST 2, 2022 PLEDGE OF ALLEGIANCE Councilmember Pena led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - None CONSENT CALENDAR 1. ADOPT ORDINANCE NO. 600 ON SECOND READING AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT -OF -INTEREST CODE 2. ADOPT ORDINANCE NOS. 601 AND 602 ON SECOND READING APPROVING ZONE CHANGE 2022-0001, ADDING THE AFFORDABLE HOUSING OVERLAY (AHO) TO SPECIFIC PARCELS IDENTIFIED IN THE HOUSING ELEMENT; AND ZONING ORDINANCE AMENDMENT 2022-0001, MAKING TEXT AMENDMENTS NECESSARY FOR CONSISTENCY WITH THE HOUSING ELEMENT. CEQA: REQUEST HAS BEEN PREVIOUSLY ANALYZED AS PART OF ENVIRONMENTAL ASSESSMENT 2021- 0010. LOCATION: CITY-WIDE 3. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY ONLY WHEN A PUBLIC MEETING OF THE LEGISLATIVE BODY IS HELD VIRTUALLY PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) 4. ADOPT RESOLUTIONS TO APPROVE 1) AMENDED AND RESTATED RULES OF PROCEDURE FOR PUBLIC MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES OF THE CITY COUNCIL; AND 2) AMENDED AND RESTATED RULES OF PROCEDURE FOR PUBLIC MEETINGS AND RELATED ACTIVITIES OF CITY BOARDS, COMMISSIONS, AND COMMITTEES [RESOLUTION NOS. 2022-027 AND 2022-028] 5. AUTHORIZE OVERNIGHT TRAVEL FOR ACTING DEPUTY CITY CLERK TO ATTEND CITY CLERKS' ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 300 IN RIVERSIDE, CALIFORNIA, SEPTEMBER 13-16, 2022 CITY COUNCIL MINUTES Page 2 of 8 AUGUST 2, 2022 6. pulled for a separate vote by Mayor Evans »> AUTHORIZE OVERNIGHT TRAVEL FOR TWO COUNCILMEMBERS AND DIRECTOR TO ATTEND THE CALIFORNIA CANNABIS CONTROL SUMMIT IN SACRAMENTO, CALIFORNIA, OCTOBER 12-13, 2022 7. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE CORONA CLAY COMPANY TO PURCHASE UP TO $70,000 OF MATERIALS TO REFURBISH INFIELDS AT THE SPORTS COMPLEX 8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2022 9. APPROVE DEMAND REGISTERS DATED JULY 15 AND 22, 2022 10. APPROVE COOPERATIVE AGREEMENT WITH CITIES OF PALM DESERT AND INDIAN WELLS FOR THE OPERATION AND MAINTENANCE OF SHARED TRAFFIC SIGNALS AND SAFETY LIGHTING 11. AWARD CONTRACT FOR CONSTRUCTION OF THE WASHINGTON STREET AT AVENUE 50 AND CALLE TAMPICO SIDEWALK AND AMERICAN WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2019-23 12. AWARD CONTRACT TO ELECNOR BELCO ELECTRIC, INC. FOR THE SILVERROCK PARK VENUE WI-FI AND CAMERA BACKBONE PROJECT NO. 2022-18 13. ADOPT RESOLUTION TO APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND LA QUINTA EMPLOYEES' ASSOCIATION AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT PERSONNEL CHANGES AND RECLASSIFY VARIOUS POSITIONS [RESOLUTION NO. 2022-029] 14. ADOPT RESOLUTION TO APPROVE SALARY SCHEDULE AND BENEFIT PLAN FOR NON -REPRESENTED EMPLOYEES, NON - REPRESENTED MANAGEMENT, AND CONFIDENTIAL EMPLOYEES AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT PERSONNEL CHANGES AND RECLASSIFY VARIOUS POSITIONS [RESOLUTION NO. 2022-030] CONSENT CALENDAR - PUBLIC COMMENTS PUBLIC SPEAKER: Alena Callimanis, La Quinta - provided comments on the following items: CITY COUNCIL MINUTES Page 3 of 8 AUGUST 2, 2022 • Consent Calendar Item No. 2 - Exhibit C to Ordinance No. 601 proposing affordable housing overlay zoning may be inaccurate. Planning Manager Flores explained the current land use and zoning designations for the area in question, noted the affordable housing overlay zoning would apply to all parcels zoned as neighborhood - commercial in the city, which provides an opportunity for this type of development, however, the overlay does not require it, and confirmed the exhibit is accurate. Council noted the affordable housing overlay is a state requirement which is part of the City's Housing Element update. • Consent Calendar Item No. 4 - asked for clarification on the Amended and Restated Rules of Procedure for City Council meetings with regards to the public's ability to submit presentation materials to aid public comments and the restrictions to the use of Chamber resources and technology. City Clerk Radeva clarified that presentation materials will not be displayed in the Chamber and Council and the public would be provided paper copies, in accordance with the Rules of Procedure, and such materials would also be posted on the City's website. CONSENT CALENDAR ITEM NOS. 13 AND 14 - VERBAL ANNOUNCEMENT Assistant City Attorney Van Ligten reported pursuant to Government Code Section 54953, subdivision (c)(3), prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of 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. In summary, the recommendations of Consent Calendar Item No. 13 are to approve a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employee Association, which includes: 1) Fiscal year 2022/23 Salary Schedule citywide, which reflects salary adjustments of 3.9% for bands A and B, and of 2.5% for bands C and D; 2) Citywide health benefit cap increase from $1,832.01 to $1,992 per month - per employee; 3) A $200 Annual Wellness Dollar benefit per fiscal year - per employee; and 4) Deferred Compensation Program $50 match per pay period per employee. CITY COUNCIL MINUTES Page 4 of 8 AUGUST 2, 2022 Consent Calendar Item No. 14 approves the fringe benefits described above for management employees; and for the seven (7) management employees or"local agency executives," as defined, the fringe benefits are as mentioned above, and the salaries are as follows for the following positions: • City Manager - $219,730 • Community Resources Director - $180,043.78 • Design and Development Director - $180,043.78 • Finance Director - $147,484.79 • Public Works Director / City Engineer - $180,043.78 • Director of Business Unit and Housing Development - $147,484.79 • City Clerk - $147,484.79 MOTION - A motion was made and seconded by Councilmembers Pena/ Sanchez to approve Consent Calendar Item Nos. 1-5 and 7-14, as submitted, with Item No. 1 adopting Ordinance 600; Item No. 2 adopting Ordinance Nos. 601 and 602, Item No. 3 reaffirming Resolution No. 2021-035, Item No. 4 adopting Resolution Nos. 2022-027 and 2022-028, Item No. 13 adopting Resolution No. 2022-029; and Item No. 14 adopting Resolution No. 2022-030. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 6 Council discussed the policy they established to preclude cannabis sales in La Quinta until the Federal government passes laws legalizing it. MOTION - A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to approve Consent Calendar Item No. 6 as submitted. Motion passed: ayes - 4, noes - 1 (Evans), abstain - 0. BUSINESS SESSION - None STUDY SESSION 1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM POTENTIAL FISCAL AND ECONOMIC IMPACTS TO LA QUINTA'S ECONOMY OF THE INITIATIVE MEASURE ENTITLED "PHASE -OUT AND PERMANENT BAN OF NON -HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT AREAS OF THE CITY OF LA QUINTA," BY DECEMBER 31, 2024 City Clerk Radeva and City Consultant Zachary Sears, President, Tourism Economics presented the staff report, which is on file in the Clerk's Office. CITY COUNCIL MINUTES Page 5 of 8 AUGUST 2, 2022 Council discussed the actions taken by Council in 2012 when the community initially raised issues about STVRs, the actions taken prior to the pandemic in response to complaints and non -permitted STVRs, and the constant progression of the program in reaction to changing circumstances; the risk voters take if the Initiative is passed because no adjustments will be possible unless those changes are put on a future ballot and approved by a majority of voters; the greater consequence of a self-induced economic contraction due to a ban if the national economy is also in recession; if approved, the City services and projects funded by STVR revenue will be impacted as will revenue to small businesses, local jobs, and families' income; proponents' statements that the ban will reduce home prices to affordable levels is not realistic; Council is continually working to increase development of zoned STVR areas and affordable housing units; the indirect impacts of the ban, such as Measure G funds also has to be considered; multiple low-income families would have to join to purchase an average home in La Quinta which would lead to over- crowding and neighbor complaints; the beauty of the City is driving demand in the housing market - reduced revenues could affect that dynamic; and school attendance will not increase unless median home prices drop significantly. Animal Control/Code Compliance Supervisor Meredith reported the following unpermitted violations issued: • 2017 - 33 violations • 2018 - 77 violations • 2019 - 99 violations • 2020 - 203 violations • 2021 - 299 violations • 2022 to date - 74 violations Mr. Meredith noted that between 2019 and 2020, the City became more sophisticated in identifying unpermitted properties, and the decline in violations is directly related to Council's adjustments to the Municipal Code, adoption of the Ad Hoc Committee's recommendations, increased enforcement, hiring vendors to monitor Internet ads, Code Officers' patrols and observations, and residents alerting enforcement officers of violations. Council further discussed the City's ongoing responsive and proactive actions to address those who disregard STVR rules; the constant need to respond to inventive work-arounds by violators; the need for STVR revenue to fund enforcement to identify and cite violators; research underway to obtain data on the long-term effects of STVR bans and restrictions on cities; means to get this report information into the hands of voters who will be making the decision on the Initiative; STVRs having no off -switch, so an orderly reduction is required; the City's current effective controls on STVRs which helps to maintain the expected quality of life in La Quinta; the Council's intent to keep the current ban on new STVRs, but inability to legally restrict future Councils CITY COUNCIL MINUTES Page 6 of 8 AUGUST 2, 2022 from amending it, therefore making it incumbent on residents to stay engaged and voice their positions; La Quinta's balance of housing and retail levels works - the all -or -nothing approach has never worked in La Quinta; STVR owners, good operators, have contributed substantially to the City through home improvements and attracting new visitors with all the associated jobs and revenue; voters must contemplate how the passage or failure of the Initiative will affect their lives - their taxes, house values, street and park maintenance, police presence, etc.; and the well-meaning people who started the Initiative and those who signed the Initiative Petition did not have the data and positive results that time has provided. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:13 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:18 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS 1. ADOPT RESOLUTION TO UPDATE THE CITY'S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2022-031] City Clerk Radeva introduced City Consultant Terry Madsen, President, ClearSource Financial Consulting, who presented the staff report via teleconference, which is on file in the Clerk's Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:24 P.M. PUBLIC SPEAKER: James Brownyard, VP of Legislative Affairs with Desert Valley Builders Association (DVBA) - spoke on behalf of the DVBA and expressed support for the proposed fee updates. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:28 P.M. MOTION - A motion was made and seconded by Councilmembers Pena/ Fitzpatrick to adopt Resolution No. 2022-031 to update the City's user and regulatory Master Fee Schedule as amended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES Motion passed unanimously. CITY COUNCIL MINUTES Page 7 of 8 AUGUST 2, 2022 DEPARTMENTAL REPORTS 1. CITY MANAGER - RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) MUNICIPAL SERVICES REVIEW AND SPHERE OF INFLUENCE REVIEW UPDATE Council discussed the City of Coachella's bid to take over La Quinta's legally established sphere -of -influence consisting of 8,000 acres from Monroe Street east to Harrison Street - an area properly designated in 2005/06 which the City of La Quinta could annex and grow into over time, as approved by LAFCO and included in La Quinta's General Plan. 9. FIRE - QUATERLRY REPORT - APRIL - JUNE 2022 Council directed staff to provide data on the "reciprocal" Police and Fire services La Quinta provides to and receives from other jurisdictions because reports show a trend toward La Quinta subsidizing other jurisdictions rather than it being a reciprocal arrangement. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans reported that staff arranged a wonderful luncheon for retiring Riverside County Fire Department Battalion Chief Bonifacio De La Cruz at which he was presented with an updated City proclamation. REPORTS AND INFORMATIONAL ITEMS - None ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Sanchez to adjourn at 6:44 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 8 of 8 AUGUST 2, 2022