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).
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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
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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:
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• 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.
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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.
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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
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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.
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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
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