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2021 12 07 Council CITY COUNCIL AGENDA Page 1 of 6 December 7, 2021 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, DECEMBER 7, 2021, AT 4:00 P.M. ****************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect 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.), members of the public, the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference. Members of the public wanting to listen to the meeting may do so by tuning- in live via http://laquinta.12milesout.com/video/live.   Members of the public wanting to address the City Council, either for a specific agenda item or matters not on the agenda are requested to follow the instructions listed below: Written public comments – can be provided in-person during the meeting or emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov preferably by 2:00 p.m. on the day of the meeting, and will be distributed to the City Council, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request. City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA Page 2 of 6 December 7, 2021 If emailed, the email “subject line” must clearly state “Written Comments” and list the following: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written Comments *** TELECONFERENCE PROCEDURES *** Verbal public comments via Teleconference – members of the public may attend and participate in the meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/they to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/j/81325311999 Meeting ID: 813 2531 1999 Or join by phone: (253) 215 – 8782 It would be appreciated that any email communications for public comments related to the items on the agenda, or for general public comment, are provided to the City Clerk’s Office at the email address listed above prior to the commencement of the meeting. If that is not possible, and to accommodate public comments on items that may be added to the agenda after its initial posting or items that are on the agenda, every effort will be made to attempt to review emails received by the City Clerk’s Office during the course of the meeting. The Mayor will endeavor to take a brief pause before action is taken on any agenda item to allow the City Clerk to review emails and share any public comments received during the meeting. All emails received by the City Clerk, at the email address above, until the adjournment of the meeting, will be included within the public record relating to the meeting. ****************************** CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans CONFIRMATION OF AGENDA CITY COUNCIL AGENDA Page 3 of 6 December 7, 2021 CLOSED SESSION – None PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda by providing written public comments either in-person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/81325311999 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. PROCLAMATION RECOGNIZING LIEUTENANT BUOMPENSIERO WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT FOR HIS PUBLIC SERVICE 2. INTRODUCE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT NEW LIEUTENANT ANDRES (ANDY) MARTINEZ CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE COUNCIL MEETING MINUTES OF NOVEMBER 2, 2021 7 2. APPROVE COUNCIL MEETING MINUTES OF NOVEMBER 16, 2021 19 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) 27 4. AUTHORIZE OVERNIGHT TRAVEL FOR THE MARKETING MANAGER TO ATTEND 2022 VISIT CALIFORNIA OUTLOOK FORUM IN SAN FRANCISCO, CALIFORNIA, FEBRUARY 13-16, 2022 33 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 35 CITY COUNCIL AGENDA Page 4 of 6 December 7, 2021 6. ADOPT RESOLUTION TO AMEND FISCAL YEAR 2021/22 SALARY SCHEDULE INCREASING THE MINIMUM WAGE RATE EFFECTIVE JANUARY 1, 2022 [RESOLUTION NO. 2021-042] 37 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 45 BUSINESS SESSION PAGE 1. APPROVE EMPLOYMENT AGREEMENT WITH CLAUDIA MARTINEZ TO SERVE AS FINANCE DIRECTOR/CITY TREASURER 51 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] 61 STUDY SESSION PAGE 1. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM CURRENT CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT OVERVIEW, AND CURRENT AND FUTURE OBJECTIVES AND INITIATIVES 81 PUBLIC HEARINGS – None DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT–QUARTERLY REPORT JULY – SEPTEMBER 2021 95 6. FINANCE 7. PUBLIC WORKS MAYOR’S AND COUNCIL MEMBERS’ ITEMS CITY COUNCIL AGENDA Page 5 of 6 December 7, 2021 REPORTS AND INFORMATIONAL ITEMS 1.CVAG CONSERVATION COMMISSION (Evans) 2.CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4.GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans) 6.LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7.COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8.SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi) 10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 11.DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 13.RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14.SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 15.CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 16.CVAG PUBLIC SAFETY COMMITTEE (Peña) 17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 18.LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 19.IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña) 20.COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña) 21.COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD HOC COMMITTEE (Peña and Radi) 22.GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Radi) 23.CVAG TRANSPORTATION COMMITTEE (Radi) 24.SUNLINE TRANSIT AGENCY (Radi) 25. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 26.DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez) 27. ANIMAL CAMPUS COMMISSION (Sanchez) 28.LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE (Sanchez) 29.RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 30. FINANCIAL ADVISORY COMMISSION MEETING MINUTES DATED AUGUST 4, 2021 101 31. FINANCIAL ADVISORY COMMISSION MEETING MINUTES DATED OCTOBER 6, 2021 105 ADJOURNMENT CITY COUNCIL AGENDA Page 6 of 6 December 7, 2021 CITY HALL ANNUAL OPEN HOUSE THE MAYOR AND CITY COUNCIL INVITE YOU TO AN OPEN HOUSE MEET & GREET DECEMBER 7, 2021 | 5:30 P.M. – 6:30 P.M. LA QUINTA CITY HALL | 78495 CALLE TAMPICO ********************************* The next regular meeting of the City Council will be held on December 21, 2021 at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on December 3, 2021. DATED: December 3, 2021 MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7092, twenty- four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at (760) 777- 7092. A one (1) week notice is required.  If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting.  Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL MINUTES Page 1 of 12 NOVEMBER 2, 2021 CITY COUNCIL MINUTES TUESDAY, NOVEMBER 2, 2021 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. 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, Management Assistant McGinley, Director of Business Unit and Housing Development Villalpando, Management Specialist Griffin, Management Analyst Kinley, Community Resources Director Escobedo, Community Resources Manager Calderon, Management Analyst Calderon, Public Safety Manager Mendez, Traffic Operations Analyst Gunterson, Public Works Director/City Engineer McKinney, Interim Finance Director Martinez, Financial Services Analyst Hallick CITY CONSULTANT PRESENT: Traffic Engineer Consultant Steve Libring with Wildan Engineering, Inc. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA City Clerk Radeva requested to pull Item No. 2 under the Announcements, Presentations, and Written Communications section of the Agenda, related to the introduction of Riverside County Fire Department new Battalion Chief Paul Heitzmann, as Fire Department personnel was not able to attend tonight’s meeting due to a last minute conflicting engagement, and this item will be rescheduled for the November 16, 2021 meeting; noted a typographical error in the staff report for Consent Calendar Item No. 4 has been corrected to properly reflect the Adams Street segment is between Fred Waring Drive and CONSENT CALENDAR ITEM NO. 1 7 CITY COUNCIL MINUTES Page 2 of 12 NOVEMBER 2, 2021 Miles Avenue; and noted that the proposed resolution properly identified all street segments. Council concurred. CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE § 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. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE § 54957, COUNCIL APPOINTED POSITION – CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:02 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 reportable action; and  CLOSED SESSION ITEM NO. 2 – Council will continue consideration of this item after the Open Session portion of the meeting has concluded. PLEDGE OF ALLEGIANCE Mayor Pro Tem Radi led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER IN-PERSON: Alena Callimanis, La Quinta – congratulated the City on the rebranding of the SilverRock Resort project to Talus; expressed concerns about the amount of water used to maintain the SilverRock existing lakes and golf course, and noted the importance of water conservation; suggested using more desert-scape landscaping; and expressed concerns about the proposed use of water for the Wave at Coral Mountain Resort project. 8 CITY COUNCIL MINUTES Page 3 of 12 NOVEMBER 2, 2021 Council noted the major water features at Talus (SilverRock) are existing and not added elements, and that they utilize canal water and are also used for irrigation and retention purposes of the development and not merely for aesthetics. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson, Rancho Mirage – apologized for the comments he provided at the October 5, 2021, Council meeting stating that the City did not have the proper protocols in place as required by AB 361 to conduct public meetings via teleconference as he was not aware that the Council held a special meeting on September 28, 2021, and adopted Resolution No. 2021-035 which made the required findings under AB 361 and authorized the City Manager to implement teleconference accessibility for conducting public meetings. Mr. Anderson said he disapproved of the public meeting teleconference accessibility allowances provided by AB 361; and made comments about special meetings being called by the legislative body and about veiled threats. Council and City Attorney Ihrke said the Governor’s Executive Orders which waived certain provisions of the Brown Act and authorized teleconference accessibility for public meetings expired on September 30, 2021, and noted the September 28, 2021, a special Council meeting was held to ensure that the City could timely adopt the proper protocols and make the necessary findings as required by AB 361, in order to be able to continue to allow teleconference accessibility for conducting public meetings after September 30, 2021. City Attorney Ihrke noted that pursuant to the Brown Act [Government Code Section 54956, subdivision (a)] “A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, …”. PUBLIC SPEAKER IN-PERSON: Don Shoffstall, La Quinta (received donated speaker time from La Quinta residents Marty Butler and Kay Wolff) – introduced Ms. Wolff and Ms. Butler who stood alongside him during this public comment and noted all three of them are members of the Neighbors for Neighborhoods of La Quinta (N4N) organization. Mr. Shoffstall said they are here today to inform the Council that they will be submitting a notice of intent to circulate a petition to restrict home rentals in residential zones to a minimum of 30 days and the three of them represent the communities that are over-saturated by short-term vacation rentals (STVR) and have signed the intent to circulate the petition. Mr. Shoffstall said N4N members have explored options available to residents to restore the character of La Quinta and residential neighborhoods from the detrimental impacts STVRs have had on the community, which have not been adequately addressed or mitigated by the City Council; residents must take action by seeking a ballot initiative to restore the character and livability of the City and neighborhoods; and tourism is important to the La Quinta economy, but it does not have to 9 CITY COUNCIL MINUTES Page 4 of 12 NOVEMBER 2, 2021 negatively impact the City and residential neighborhoods. Mr. Shoffstall spoke in opposition of STVRs; said STVRs should be transitioned into tourist commercial zones; the proposed initiative requires a 30-day minimum rental period in all residential zones by December 31, 2024; it will have no effect on hosted homeshares, STVRs in commercial and vacation zones, or bed and breakfast operations; the initiative provides a phased-out period to mitigate any economic impacts with existing STVR permit holders but does prohibit the issuance of any new non-hosted STVR permits in residential zones as of the effective date of the initiative. Mayor Evans noted that the City has had a permanent ban on the issuance of new STVR permits in place since May 20, 2021 which is codified in Section 3.25.055 – “Non-Issuance of New Short-Term Vacation Rental Permits; Periodic Council Review” of the La Quinta Municipal Code. The following WRITTEN PUBLIC COMMENTS were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting:  Stacy Winters – announced by Mayor Evans – requesting that the permanent ban on the issuance of new STVR permits be lifted; and  Scott White, CEO with Visit Greater Palm Springs – announced by City Clerk Radeva – in support of Consent Calendar Item No. 7 related to the two-year term extension of Venue Hosting Agreement with World Triathlon Corporation, LLC. to host the Ironman 70.3 Indian Wells – La Quinta triathlon. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PRESENTATION BY RESIDENT STEPHEN KLEMPA ON THE EFFECTS OF THE ADAMS STREET RESTRIPING PROJECT 2020-06 LOCATED ON ADAMS STREET BETWEEN MILES AVENUE AND FRED WARING DRIVE COMPLETED IN 2020 Mr. Klempa said he is here tonight to present the effects of the Adams Street restriping (Project No. 2020-06, deemed substantially complete in April 2021); he noted La Quinta residents provided public comments to Council (at the October 6, 2020 Council meeting) and requested that the City implement a designated pedestrian crossing on Adams Street, near La Palma Drive (Adams Park); Council discussed safety mitigation options (at the October 20, 2020 Council meeting) and approved the implementation of a “road diet” along Adams St. which eliminated one travel lane in each direction between Miles Avenue and Fred Waring Dr., and restriped the road to create a bicycle and golf-cart paths in each direction (at the November 3, 2020 Council meeting). Mr. Klempa outlined the pros and cons of the “road diet” measures installed; said the speed limit on Adams St. is tabled for Council’s consideration on 10 CITY COUNCIL MINUTES Page 5 of 12 NOVEMBER 2, 2021 tonight’s Agenda to be reduced from 40 to 35 miles per hour; spoke about jaywalking, pedestrian crossing at marked and unmarked crosswalks; said the “road diet’ has increased safety for pedestrians, but there is still room for improvement; and requested that the City consider installing additional road improvements to increase pedestrian safety consisting of a designated pedestrian crossing at this location with the appropriate lighting, as discussed by Council during the previous considerations of this matter. Council thanked Mr. Klempa for his comments and detailed presentation; expressed support for considering additional mitigation measures to increase pedestrian safety; and reached a consensus and directed staff to further examine this road segment to determine what supplemental safety mitigation measures are needed. Steve Libring, City Traffic Engineer Consultant with Wildan Engineering, clarified that there is a designated pedestrian crossing at every intersection whether it is marked or unmarked; and said he will look into this matter and work with staff to provide additional safety mitigation measures for Council’s consideration. 2. pulled from the Agenda and will be tabled for the November 16, 2021 Council meeting >>> INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT NEW BATTALION CHIEF PAUL HEITZMANN Mayor Evans said this item has been pulled from tonight’s Agenda and postponed until the November 16, 2021, Council meeting. 3. IRONMAN 70.3 INDIAN WELLS-LA QUINTA TRIATHLON – 2021 EVENT UPDATE AND ROUTE Mayor Evans noted that the Council received a hand-out distributed by staff related to the community outreach schedule and community materials for the Ironman 70.3 Indian Wells – La Quinta (Ironman) triathlon, which were made publicly available, and will be included in the public record and agenda packet of this meeting. Traffic Operations Analyst Gunterson provided a detailed presentation on the Ironman triathlon route, traffic control plan, traffic flow, signage plan, and noted the route maps are available on the City’s website. Council discussed emergency vehicles are given priority and the race can be stopped to accommodate proper access and path of travel for emergency vehicles; changeable electronic message signs have been placed in the cities of Palm Desert and Indian Wells notifying citizens of the Washington Street and Highway 111 road closures during the race; the Highway 111 11 CITY COUNCIL MINUTES Page 6 of 12 NOVEMBER 2, 2021 commercial corridor in La Quinta will be open during the race; importance to open the road closures as soon as possible immediately following the last race participant; the equipment pick-up and road closure opening efforts will be a collaboration between the traffic control company hired for the race, City staff, and Riverside County Sheriff’s Department staff; and City staff will be monitoring and managing traffic controls from the traffic control room at City Hall. Community Resources Director Escobedo outlined the City’s community outreach efforts. Council inquired about the Salton Sea Triathlon Club engagement and participation in this year’s race and how the mandatory vaccination requirement imposed by the Indian Wells Tennis Garden venue has affected participation in the race. PUBLIC SPEAKER: Sabrina Houston, Race Director with Ironman – said the Salton Sea Triathlon Club are very much engaged and providing assistance to the race organizers; the mandatory vaccination requirement has reduced the number of race participants by approximately one-third; and the mandatory vaccination requirement is specific to this race as it was imposed by the Indian Wells Tennis Garden venue. 4. PROCLAMATION IN RECOGNITION OF DIABETES AWARENESS AND PREVENTION MONTH – NOVEMBER 2021 Alicia Hollins, Founder of The Eight, Inc., a community-driven, grassroots organization founded in 2006 and focused to address the health and wellness disparities among Riverside County’s most vulnerable populations by promoting the eight dimensions of emotional, environmental, financial, intellectual, occupational, physical, social, and spiritual “whole-wellness” as a lifestyle to people in need through resources, education, and partnership; Ms. Hollins spoke of the organization’s efforts to increase diabetes awareness, promote healthy lifestyles to help prevent diabetes, and assist the community with seeking medical assistance. Mayor Evans, on behalf of the City Council, presented Ms. Hollins with a proclamation in recognition of Diabetes Awareness and Prevention Month and thanked her for her efforts and service. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF SEPTEMBER 21, 2021 12 CITY COUNCIL MINUTES Page 7 of 12 NOVEMBER 2, 2021 2. EXCUSE ABSENCE OF PLANNING COMMISSIONER PROCTOR FROM THE OCTOBER 26, 2021, PLANNING COMMISSION MEETING 3. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND MANAGEMENT ASSISTANT IN THE CLERK’S OFFICE TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY CLERKS’ NEW LAW AND ELECTIONS SEMINAR IN UNIVERSAL CITY, CALIFORNIA, DECEMBER 8 – 10, 2021 4. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR ADAMS STREET FROM FRED WARING DRIVE TO MILES AVENUE; FOR CALEO BAY DRIVE FROM AVENUE 47 TO AVENUE 48; AND FOR AVENUE 52 FROM AVENIDA BERMUDAS TO DESERT CLUB DRIVE [RESOLUTION NO. 2021-039] 5. ADOPT RESOLUTION TO APPLY AND RECEIVE FUNDS FROM STATE OF CALIFORNIA PROPOSITION 68 PER CAPITA GRANT PROGRAM IN THE AMOUNT OF $203,321.54 AND DESIGNATE THE FUNDS FOR THE CV LINK REGIONAL TRAIL PROJECT [RESOLUTION NO. 2021-040] 6. APPROPRIATE FUNDS FOR SMART INFRASTRUCTURE PILOT PROGRAM AND APPROVE SERVICE AGREEMENTS WITH FRONTIER COMMUNICATIONS OF AMERICA, INC. FOR THE LA QUINTA X-PARK PROJECT NO. 2015-09 TO PROVIDE INTERNET SERVICES FOR THE PRO SHOP BUILDING LOCATED AT 46130 DUNE PALMS ROAD 7. APPROVE AMENDMENT NO. 4 TO VENUE HOSTING AGREEMENT WITH WORLD TRIATHLON CORPORATION, LLC. TO HOST THE IRONMAN 70.3 INDIAN WELLS – LA QUINTA TRIATHLON FOR TWO ADDITIONAL YEARS 8. APPROVE DEMAND REGISTERS DATED OCTOBER 15 AND 22, 2021 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JUNE 30, 2021 10. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JULY 31, 2021 13 CITY COUNCIL MINUTES Page 8 of 12 NOVEMBER 2, 2021 CONSENT CALENDAR ITEM NOS. 6 AND 7 Mayor Evans said the City will be monitoring the “smart infrastructure” pilot program being approved under Consent Calendar Item No. 6; and Consent Calendar Item No. 7 was approving a two-year term extension to host the Ironman 70.3 race. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as recommended, with Item Nos. 4 and 5 adopting Resolution Nos. 2021-039 and 2021-040, respectively. Motion passed unanimously. BUSINESS SESSION 1. APPROVE PURCHASE AND SALE AGREEMENT WITH BAY SHORE INC. TO ACQUIRE A CERTAIN PROPERTY LOCATED AT 78370 HIGHWAY 111 FOR PARK AREA AND CV LINK REGIONAL TRAIL PROJECT Director of Business Unit and Housing Development Villalpando presented the staff report, which is on file in the Clerk’s Office. Council discussed when the property is developed, this park area can be used by citizens as an outside dining/picnic area similar to the Civic Center Campus park; and availability of grant funding. MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to approve Purchase and Sale Agreement with Bay Shore Inc. to acquire certain property located at 78370 Highway 111 for park area to integrate with CV Link Regional Trail project; and authorize the City Manager to execute the Agreement. Motion passed unanimously. 2. AWARD CONTRACT TO HARDY AND HARPER, INC. FOR THE LAKE CAHUILLA ROAD PAVEMENT IMPROVEMENT PROJECT NO. 2021- 07 LOCATED BETWEEN THE QUARRY DEVELOPMENT ENTRANCE AND LAKE CAHUILLA PARK Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. Council discussed the anticipated timeline to conduct the road repairs; one lane of the road will remain open while the paving improvements are made to allow campers to access Lake Cahuilla; other events are being coordinated to accommodate the improvements schedule; safety is a priority and La Quinta has taken the lead to complete the necessary road improvements prior to the 14 CITY COUNCIL MINUTES Page 9 of 12 NOVEMBER 2, 2021 upcoming IRONMAN race in December, even though this road segment is within the jurisdiction of Riverside County and not within City limits; and the City is seeking the collaboration and partnership of the entities that will benefit from this project in sharing the costs for the improvements. MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to award a contract to Hardy and Harper, Inc. in the amount $115,000 for the Lake Cahuilla Road Pavement Improvement Project No. 2021-07, located between the Quarry development entrance and Lake Cahuilla Park; and authorize the City Manager to execute the contract, contingent upon a Funding Agreement with the County of Riverside, City of Indian Wells, and IRONMAN. 3. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER 6.05 TO THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-LIVED CLIMATE POLLUTANTS (ORGANIC WASTE MANAGEMENT AND RECYCLING) PURSUANT TO SENATE BILL 1383 (STATS. 2016, CH. 395) [ORDINANCE NO. 597] Director of Business Unit and Housing Development Villalpando introduced Management Specialist Griffin who presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Clara Vera, Municipal Marketing Manager with Burrtec Waste & Recycling – spoke of Burrtec’s and the City’s outreach and education efforts, collaboration and partnership to implement a Commercial Waste Organics Program Compliance in La Quinta pursuant to Assembly Bill 1826, which requires businesses that generate specified amount of organic waste (compost) to arrange for organics collection services, which is also part of SB 1383 and aim to increase diversion of organics waste and reduce methane gas emissions; commended La Quinta businesses for their collaboration; explained the essence of this effort is focused on getting businesses, primarily restaurants, to divert food scraps and separate them into organics waste bins which are collected by Burrtec and taken to Coachella Valley Composting facility, instead of regular waste which goes into the land fill, as well as efforts to reduce food waste; educational and partnership efforts with school districts, FIND Food Bank, etc.; available grant funding; there will be a number of compliance efforts that will be rolled out in phases; the colors of the trash cans for the different types of waste will change eventually as part of these compliance efforts; implementation timeline; compost is purchased and used by the community for soil renourishment; possibility for community composting; and importance and plans to provide the community with extensive education on these efforts. 15 CITY COUNCIL MINUTES Page 10 of 12 NOVEMBER 2, 2021 MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to take up Ordinance No. 597 by title and number only and waive further reading. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 597 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 6.05 TO THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-LIVED CLIMATE POLLUTANTS (ORGANICS WASTE MANAGEMENT AND RECYCLING) PURSUANT TO SENATE BILL 1383 (STATS. 2016, CHAPTER 395) MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to introduce at first reading Ordinance No. 597 to add Chapter 6.05 to the La Quinta Municipal Code related to Short-Lived Climate Pollutants (Organics Waste Management and Recycling), as recommended. Motion passed unanimously. STUDY SESSION – None PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – None MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña requested that staff schedule a study session discussion on Senate Bill 9 (SB 9) (2021), the California Housing Opportunity and More Efficiency (HOME) Act and other new and pending legislation. City Attorney Ihrke said he is preparing a summary and will be conducting a training for staff on SB 9 and other housing- and land-use related bills which will be distributed to Council and the Housing Authority as well. Mayor Evans asked staff to prepare and send out letters to La Quinta businesses who implemented outdoor dining accommodations due to the pandemic notifying them that as long as the accommodations are safe and compliant with City codes, the City will not prohibit the use of such accommodations. City Manager McMillen confirmed that staff is already working on this effort and letters will be sent out very shortly. Mayor Evans said she will participate in the “Helping Hands” breakfast to be held on November 16, 2021, at the La Quinta Country Club, as part of her involvement with the 2021 American Express PGA Tour golf tournament hosted by the Mickelson Foundation, which will grant over $1 Million Dollars in donations to local charities. 16 CITY COUNCIL MINUTES Page 11 of 12 NOVEMBER 2, 2021 Mayor Evans commended City staff for quickly removing inappropriate graffiti on the picnic tables, sitting rocks, trash cans, columns, etc. at the Cove Oasis trail head. Mayor Evans said the Palm Springs City Council is going to consider a resolution at their November 4, 2021, meeting to potentially mandate that any new house being built, or any house built before 2010 that is being remodeled become 100% electric; noted she will study this matter more; and Council expressed general disapproval, and noted that it is inefficient and that electricity is generally generated by the burning of gas. Council expressed their excitement about the upcoming Veterans Day celebration scheduled to be held in the courtyard of City Hall on November 11, 2021, starting at 9:00 a.m.; and about the upcoming Art Celebration scheduled for November 11-14, 2021, at the Civic Center Campus. Councilmember Sanchez reported on his and Mayor Evans’ attendance at the City of Indian Wells State of the City event held on October 27, 2021, at the Renaissance Indian Wells Resort & Spa. Mayor Evans and Councilmembers Peña and Sanchez reported on their attendance at the Annual La Quinta High School Homecoming Parade held at Old Town La Quinta on October 20, 2021, and said there was a great turn- out. Council discussed the landscaping along the Bear Creek Trail. Councilmember Peña reported on his attendance at the Concerts in the Park event held on October 23, 2021, at the SilverRock Event Site, and noted there was high attendance and great feedback from the Community. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2021, Councilmember Peña reported on his participation in the following organization’s meeting:  IID ENERGY CONSUMERS’ ADVISORY COMMITTEE La Quinta’s representative for 2021, Mayor Pro Tem Radi reported on his participation in the following organizations’ meetings:  CVAG TRANSPORTATION COMMITTEE  SUNLINE TRANSIT AGENCY 17 CITY COUNCIL MINUTES Page 12 of 12 NOVEMBER 2, 2021 CLOSED SESSION – Continued 2. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE § 54957, COUNCIL APPOINTED POSITION – CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 6:09 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:28 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. 2 – Council completed the City Manager’s annual performance evaluation and reaffirmed his appointment. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 6:28 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 18 CITY COUNCIL MINUTES Page 1 of 8 NOVEMBER 6, 2021 CITY COUNCIL MINUTES TUESDAY, November 16, 2021 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. 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, Management Assistant McGinley, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Public Safety Manager Mendez, Community Resources Manager Calderon, Human Resources Analyst Triplett, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Interim Finance Director Martinez, Design and Development Director Castro PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Fitzpatrick requested to pull Consent Calendar Item No. 4 for separate vote; and said she will recuse herself and abstain from discussion and vote on this item due to a potential conflict of interest stemming from the proximity of her real property to the project location. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF CONSENT CALENDAR ITEM NO. 2 19 CITY COUNCIL MINUTES Page 2 of 8 NOVEMBER 6, 2021 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 3:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:05 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER IN-PERSON: Alena Callimanis, La Quinta – spoke about California State regulation changes to water allocations that will affect the Coachella Valley Water District (CVWD) water supply. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Armita Ariano, Staff Attorney with Coachella Valley Waterkeeper – urged the City not to rely on representations made by CVWD regarding water supply for the proposed Wave at Coral Mountain Resort project because CVWD’s current water budget is inadequate; provided comments regarding the Draft Environmental Impact Report for this project; expressed concerns about the diminishing water supply of the Colorado river; spoke of the importance of water conservation, and in opposition of the Wave project. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson, Rancho Mirage – said he wanted to provide comments related to Consent Calendar Item No. 2 with regards to affirming Resolution No. 2021-035 which authorizes staff to continue to implement teleconference accessibility for public meetings; urged Council not to re-affirm this Resolution; and expressed concerns about the application of teleconference accessibility for public meetings by public agencies. PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: David Dinnel, Los Angeles/La Quinta – said he was not surprised that the Neighbors for Neighborhoods organization has filed an intent to circulate a petition that 20 CITY COUNCIL MINUTES Page 3 of 8 NOVEMBER 6, 2021 proposes to bring a ballot measure to the La Quinta voters to ban short-term vacation rentals (STVRs) in residential areas; and spoke in support of STVRs. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT NEW BATTALION CHIEF PAUL HEITZMANN Riverside County Fire Division Chief Bryan White introduced Mr. Heitzmann who was recently promoted to Battalion Chief; Mr. Heitzmann gave a brief presentation about his training, qualifications, and experience; and said he is excited to serve La Quinta. 2. TALUS - PROJECT STATUS UPDATE PUBLIC SPEAKERS IN-PERSON: Project Manager Josh Frantz and Chief Operating Officer Bruce Maize with Robert Green Company provided a detailed presentation on the project’s overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, including vertical construction in the near future, 2) Montage Guestrooms Phase I, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, and 7) Pendry Hotel. CONSENT CALENDAR Public comments related to Consent Calendar Item No. 2 were provided by Mr. Brad Anderson, as noted above under the “Public Comments on Matters Not on the Agenda” section. 1. APPROVE COUNCIL MEETING MINUTES OF OCTOBER 19, 2021 2. 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) 3. ADOPT ORDINANCE NO. 597 ON SECOND READING ADDING CHAPTER 6.05 TO THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-LIVED CLIMATE POLLUTANTS (ORGANICS WASTE MANAGEMENT AND RECYCLING) PURSUANT TO SENATE BILL 1383 (STATS. 2016, CH. 395) 21 CITY COUNCIL MINUTES Page 4 of 8 NOVEMBER 6, 2021 4. pulled for a separate vote by Councilmember Fitzpatrick >>> ACCEPT MONROE STREET PAVEMENT REHABILITATION PROJECT NO. 2020-01, LOCATED ON MONROE STREET FROM AVENUE 52 TO MOUNTAIN SPUR DRIVE TO AVENUE 53, AND AVENUE 61 5. ACCEPT EISENHOWER BASIN FENCE AND DRAINAGE IMPROVEMENTS PROJECT NO. 2017-04 LOCATED ON THE WEST SIDE OF EISENHOWER DRIVE AND NORTH SIDE OF CALLE TAMPICO BETWEEN EISENHOWER DRIVE AND AVENIDA BERMUDAS 6. AWARD CONTRACT TO URBAN HABITAT FOR THE SILVERROCK RETENTION BASIN SOIL STABILIZATION PROJECT NO. 2020-07, LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND SILVERROCK WAY 7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED AUGUST 31, 2021 8. APPROVE DEMAND REGISTERS DATED OCTOBER 29 AND NOVEMBER 5, 2021 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item Nos. 1-3 and 5-8 as recommended, with Item No. 3 adopting Ordinance No. 597. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 4 COUNCILMEMBER FITZPATRICK RECUSED HERSELF AND SAID SHE WILL ABSTAIN FROM DISCUSSION AND VOTE ON THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HER REAL PROPERTY TO THE PROJECT LOCATION MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item No. 4 as recommended. Motion Passed: ayes – 4, noes – 0, abstain – 1 (Fitzpatrick). BUSINESS SESSION 1. APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 4, 2022 Council waived presentation of the staff report, which is on file in the Clerk’s Office. 22 CITY COUNCIL MINUTES Page 5 of 8 NOVEMBER 6, 2021 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve cancellation of the regular City Council meeting of January 4, 2022. Motion passed unanimously. STUDY SESSION – None. PUBLIC HEARINGS – after 5:00 p.m. 1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2022/23 [RESOLUTION NO. 2021-041] This item was considered out of Agenda order after 5:00 p.m. as advertised by the public hearing notice publication. The Items below were taken out of Agenda order DEPARTMENTAL REPORTS – None MAYOR’S AND COUNCIL MEMBERS’ ITEMS Council reported on a successful 2021 Veterans Day recognition ceremony held on November 11, 2021, in the courtyard at City Hall and commended staff on the great execution of the event. Councilmember Fitzpatrick reported on her attendance at the La Quinta Museum Opening Reception held on November 10, 2021, and encouraged citizens to visit the Museum and experience the newly expanded local history exhibit on “The Story of La Quinta.” Council reported on their attendance at The Palms Senior Community assisted living on Veteran’s Day where they presented Certificates of Appreciation to 26 Veterans for their service. Council reported on their attendance at the 2021 La Quinta Art Celebration on November 11, 2021; the Art Celebration was held November 11 – 14, 2021, at the Civic Center Campus; and the event had the highest attendance ever. Mayor Evans reported on her attendance, along with Councilmember Fitzpatrick, at the Volunteer Appreciation Luncheon hosted by the La Quinta Art Celebration on November 16, 2021, at the Cantina at the El Dorado Polo 23 CITY COUNCIL MINUTES Page 6 of 8 NOVEMBER 6, 2021 Club in Indio. Mayor Evans noted that the preliminary attendance estimates showed attendance for 2021 was higher than 2020, local attendance has increased, and artists had a great turn-out; and Scope Events, the producer of the Art Celebration event, will be looking into holding this event in March and November each year going forward. Mayor Evans reported on her participation at the “Helping Hands” breakfast, held on November 16, 2021, at the La Quinta Country Club, where $1.1 Million in donations were distributed to 36 local charities from the 2021 American Express PGA Tour golf tournament, hosted by the Mickelson Foundation. Councilmember Sanchez noted Grocery Outlet opened on November 4, 2021, at the Village shopping center. Councilmember Sanchez reported on his attendance at the Indio Sunrise Rotary Club First Responders Breakfast held on November 16, 2021, at Heritage Palms in Indio. Councilmembers Sanchez and Peña reported on their participation on the annual Art in Public Places Ad-hoc Committee, along with Community Services Commissioners Tammy Gordon and Sally Shelton, which toured the 2021 La Quinta Art Celebration and purchased two art pieces to be displayed at public facilities in the City. Council expressed a desire to rotate existing art in the City to alternate locations. Mayor Evans said the City received an “Art of the Swing” print by Artist Daryl Thetford, who participated in the La Quinta Art Celebration, at the Volunteer Appreciation Luncheon; the print will be displayed at City Hall. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2021, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta’s representative for 2021, Councilmember Peña reported on his participation in the following organization’s meeting:  COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES La Quinta’s representative for 2021, Councilmember Sanchez reported on his participation in the following organization’s meeting:  ANIMAL CAMPUS COMMISSION 24 CITY COUNCIL MINUTES Page 7 of 8 NOVEMBER 6, 2021 MAYOR EVANS CALLED FOR A BRIEF RECESS AT 4:55 P.M. UNTIL 5:00 P.M. WHEN COUNCIL WILL TAKE UP THE NOTICED PUBLIC HEARING MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 5:01 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS – after 5:00 p.m. 1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2022/23 [RESOLUTION NO. 2021-041] Public Works Director/City Engineer McKinney introduced Management Analyst Mignogna who presented the staff report, which is on file in the Clerk’s Office. Council discussed the likelihood that the County is likely to approve staff’s request to reallocate the available balance of $5,200 from the public services category to public improvements; and the Boys and Girls Club did not want to request the full amount available under this grant funding. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:06 P.M. PUBLIC SPEAKER – None. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:06 P.M. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2021-041 to authorize the City Manager to submit applications to the Riverside County Economic Development Agency for Community Development Block Grant funds; execute the Supplemental Agreements for Fiscal Year 2022/23; and allocate $18,200 to the Boys and Girls Club of the Coachella Valley Fee Waiver/Reduction Program, $132,600 to the City of La Quinta’s Americans with Disabilities Act Improvements Project, and authorize an additional allocation of $5,200 for public improvements if approved by Riverside County: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS, AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT FOR FISCAL YEAR 2022/2023 Motion passed unanimously. 25 CITY COUNCIL MINUTES Page 8 of 8 NOVEMBER 6, 2021 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 5:07 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 26 City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT AGENDA TITLE: 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) RECOMMENDATION 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). EXECUTIVE SUMMARY Pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361), which waived certain provisions of the Ralph M. Brown Act (Brown Act) and authorized local agencies to hold public meetings via teleconferencing whenever a state of emergency exists that makes it unsafe to meet in person, Council must reconsider the circumstances of the state of emergency every 30 days and affirm the required findings in order to continue to allow teleconference accessibility for public meetings. On September 28, 2021, Council adopted Resolution No. 2021-035 (Attachment 1) making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. FISCAL IMPACT – None. BACKGROUND/ANALYSIS AB 361 was signed into law by the Governor on September 16, 2021, which went into effect immediately as urgency legislation (codified under Government Code § 54953) and waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. Specifically, the CONSENT CALENDAR ITEM NO. 3 27 bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person. In addition, AB 361 added specific procedures and clarified the requirements for conducting remote meetings, including the opportunity for the public to provide public comment in real time; the legislative body shall take no actions during disruptions; and the legislative body, by majority vote, shall determine that meeting in person would present imminent risk to the health or safety of attendees and shall affirm these findings every 30 days, in order to continue to allow teleconference accessibility for conducting public meetings [Government Code § 54953(e)(3)]. AB 361 will sunset on January 1, 2024. The City has implemented procedures for conducting public meetings to ensure full compliance with AB 361. In addition to the ability to attend public meetings in-person, teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform) is listed on the published agenda for each meeting as well as on the City’s website. The City monitors attendance via teleconference as well as email correspondence (as published on the agenda) throughout each public meeting and provides access for public comment opportunities in real time both verbally and in writing. On September 28, 2021, Council adopted Resolution No. 2021-035 making the initially required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. As noted above, Council must reconsider the state of emergency due to COVID-19 every 30 days and affirm the findings under Resolution No. 2021- 035 in order to continue to allow teleconference accessibility for conducting public meetings. •September 28, 2021 - Resolution No. 2021-035 adopted •October 19, 2021 - findings affirmed •November 16, 2021 - findings affirmed Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. Council Resolution No. 2021-035 28 RESOLUTION NO. 2021 - 035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 17, 2020, the City Council adopted Emergency Resolution No. EM 2020-001, proclaiming a local emergency as defined in La Quinta Municipal Code Section 2.20.020, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N- 29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: ATTACHMENT 1 29 Resolution No. 2021 – 035 Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021 Page 2 of 4 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option; The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B- G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council. 30 Resolution No. 2021 – 035 Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021 Page 3 of 4 SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. Effective Date: This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 28th day of September, 2021, by the following vote: AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None 31 32 City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE MARKETING MANAGER TO ATTEND 2022 VISIT CALIFORNIA OUTLOOK FORUM IN SAN FRANCISCO, CALIFORNIA, FEBRUARY 13-16, 2022 RECOMMENDATION Authorize overnight travel for the Marketing Manager to attend 2022 Visit California Outlook Forum in San Francisco, California, February 13-16, 2022. EXECUTIVE SUMMARY •Outlook Forum is the Golden State’s travel industry’s premier annual conference, bringing together experts from around the world to share insights and strategies on tourism’s biggest topics. FISCAL IMPACT Estimated expenses are $2,850; this cost includes conference registration, lodging, transportation, and meals. Funds are available in the 2021/22 Marketing Department’s Travel and Training budget (101-3007-60320). BACKGROUND/ANALYSIS Visit California is the Golden State’s official travel and training board with the primary role of developing and maintaining global marketing programs – in partnership with the state’s travel industry – that keep California top of mind as a premier travel destination. By attending this summit, the Marketing Manager will learn and reinforce the value proposition of tourism, ensuring that local businesses, opinion-shapers, media and residents understand the economic impact and benefit of tourism to the local economy. Additionally, the in-depth sessions at Visit California Outlook Forum will assist in navigating the post-COVID landscape and develop the City’s tourism strategy. This allows the City to be more innovative and in the forefront within the Coachella Valley. ALTERNATIVES Council may elect not to approve this request. Prepared by: Marcie Graham, Marketing Manager Approved by: Jon McMillen, City Manager CONSENT CALENDAR ITEM NO. 4 33 34 AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES CITY MANAGER’S CONFERENCE IN MONTEREY, CALIFORNIA, FEBRUARY 2-4, 2022 RECOMMENDATION Authorize overnight travel for the City Manager to attend the League of California Cities City Manager’s Conference in Monterey, California, February 2-4, 2022. EXECUTIVE SUMMARY •The League of California Cities (League) is an association of California cities who collaborate to exchange information and combine resources to influence state legislation. •The League’s annual City Manager’s Conference (Conference) provides attendees the opportunity to participate in education sessions, discussion forums and networking. FISCAL IMPACT Estimated expenses are $2,100; this cost includes conference registration, lodging, transportation, and meals. Funds are available in the City Manager's Office Travel and Training budget account no. 101-1002-60320. BACKGROUND/ANALYSIS The League’s Conference provides an opportunity for local leaders to learn from leading experts as well as from their peers. This Conference provides city officials with essential information and updates. Education sessions and forums will include topics such as communication, economic development, public safety, COVID-19 impacts and technology. ALTERNATIVES Council could elect to deny this request. Prepared by: Teresa Thompson, Management Specialist Approved by: Jon McMillen, City Manager CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT 35 36 City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO AMEND FISCAL YEAR 2021/22 SALARY SCHEDULE INCREASING THE MINIMUM WAGE RATE EFFECTIVE JANUARY 1, 2022 RECOMMENDATION Adopt a resolution to amend fiscal year 2021/22 Salary Schedule increasing the minimum wage rate effective January 1, 2022. EXECUTIVE SUMMARY On April 14, 2016, California Governor Jerry Brown signed Senate Bill 3 (Stats. 2016, Ch. 4, Leno), raising California's minimum wage by set amounts each year to reach $15 per hour by January 1, 2022, for employers with 26 or more employees. The City's part-time Recreation and Senior Recreation Leaders will be affected by this change. FISCAL IMPACT This wage increase has an additional estimated cost of $10,500 in the current fiscal years 2021/22 budget. Funds are available in the Contingency for Staffing Account No. 101-1007-50115. BACKGROUND/ANALYSIS On January 1, 2022, the State of California minimum wage will increase from $14 to $15 per hour. The increase to the California minimum wage impacts the salary schedule for part-time Recreation and Senior Recreation Leaders. Employers in California are subject to both the federal and state minimum wage laws. When there are conflicting requirements between federal and state laws, the employer must follow the stricter standard, which is the most beneficial to the employee. Since California's current law requires a higher minimum wage rate than the federal law, all California employers are subject CONSENT CALENDAR ITEM NO. 6 37 to the state minimum wage rate unless their employees are exempt under California law. This exemption includes outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards. ALTERNATIVES – None Prepared by: Carla Triplett, Human Resources Analyst Approved by: Chris Escobedo, Community Resources Director 38 RESOLUTION NO. 2021 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING FISCAL YEAR 2021/22 ADOPTED SALARY SCHEDULE TO REFLECT A MINIMUM WAGE RATE INCREASE EFFECTIVE JANUARY 1, 2022 WHEREAS, on January 1, 2022, the State of California minimum wage will increase from $14 to $15 per hour (“Increase”) in accordance with Senate Bill 3 (Stats. 2016, Ch. 4, Leno) signed into law by California Governor Jerry Brown on April 14, 2016; and WHEREAS, the Increase will impact the salary schedule and related salary steps for part-time Recreation and Senior Recreation Leaders; and WHEREAS, the City must comply with the State of California minimum wage law; and WHEREAS, the City’s Personnel Policy Section 3.5, Preparation and Adoption of Compensation Plan, requires the City Council to approve the salary schedule by adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby approve the fiscal year 2021/22 salary schedule, increasing the minimum wage rate, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. This Resolution shall become effective upon adoption. The Fiscal Year 2021/22 Salary Schedule shall go into effect January 1, 2022. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this ______ day of ________ 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 39 Resolution No. 2021 – XXX Updated Fiscal Year 2020/21 Salary Schedule to Reflect Minimum Wage Increase Adopted: December 7, 2021 Page 2 of 2 ________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ____________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 40 2021/22 Salary Schedule WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Administrative Assistant Maintenance Worker I A11 $ 39,594.09 $ 41,573.79 $ 43,553.50 $ 45,533.20 $ 47,512.91 $ 49,125.13 $ 50,737.35 $ 52,349.57 $ 53,961.79 $ 55,574.03 Maintenance Worker II A12 $ 43,561.90 $ 45,740.00 $ 47,918.09 $ 50,096.19 $ 52,274.28 $ 54,048.05 $ 55,821.82 $ 57,595.59 $ 59,369.36 $ 61,143.14 Administrative Technician Community Resources Coordinator Management Assistant Traffic Signal Technician B21 $ 51,509.43 $ 54,084.91 $ 56,660.38 $ 59,235.85 $ 61,811.32 $ 63,908.82 $ 66,006.32 $ 68,103.82 $ 70,201.32 $ 72,298.82 Account Technician Building Inspector I Code Compliance Officer I Administrative Technician Permit Technician B22 $ 55,477.24 $ 58,251.10 $ 61,024.96 $ 63,798.82 $ 66,572.68 $ 68,831.73 $ 71,090.78 $ 73,349.83 $ 75,608.88 $ 77,867.93 Building Inspector II Code Compliance Officer II Construction Inspector Maintenance & Operations Technician B23 $ 59,445.05 $ 62,417.30 $ 65,389.55 $ 68,361.81 $ 71,334.06 $ 73,754.66 $ 76,175.26 $ 78,595.86 $ 81,016.46 $ 83,437.04 Community Resources Specialist Deputy City Clerk Junior Accountant Maintenance Foreman Management Specialist Parks/L&L Foreman Plans Examiner B24 $ 64,914.69 $ 68,160.43 $ 71,406.16 $ 74,651.89 $ 77,897.63 $ 80,540.90 $ 83,184.17 $ 85,827.44 $ 88,470.71 $ 91,113.99 Accountant Management Specialist B25 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 Animal/Code Officer Supervisor B32 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14 Assistant Construction Manager Associate Planner Community Resources Analyst Sr. Emergency Management Coordinator Financial Services Analyst Human Resources Analyst Management Analyst Traffic Operations Analyst C42 $ 78,471.50 $ 81,741.41 $ 85,011.32 $ 88,281.22 $ 91,551.13 $ 94,817.11 $ 98,089.38 $ 100,933.97 $ 103,778.56 $ 106,623.15 $ 109,467.74 $ 112,312.33 $ 115,156.92 $ 118,001.50 Associate Engineer Senior Planner C44 $ 88,163.52 $ 91,837.30 $ 95,511.07 $ 99,184.85 $ 102,858.62 $ 106,527.99 $ 110,204.41 $ 113,400.33 $ 116,596.25 $ 119,792.17 $ 122,988.09 $ 126,184.01 $ 129,379.93 $ 132,575.88 Accounting Manager Building Official Community Resources Manager Hub Manager Marketing Manager Planning Manager Public Safety Manager D61 $ 100,013.65 $ 104,181.21 $ 108,348.78 $ 112,516.35 $ 116,683.92 $ 120,846.49 $ 125,017.06 $ 128,642.55 $ 132,268.04 $ 135,893.53 $ 139,519.02 $ 143,144.51 $ 146,770.00 $ 150,395.50 Facilities Deputy Director D63 $ 110,265.05 $ 114,859.80 $ 119,454.54 $ 124,049.29 $ 128,644.03 $ 133,233.26 $ 137,831.31 $ 141,828.42 $ 145,825.53 $ 149,822.64 $ 153,819.75 $ 157,816.86 $ 161,813.97 $ 165,811.07 City Clerk Community Resources Director Director (Business Unit/Housing Development) Design & Development Director Finance Director/City Treasurer Public Works Director/City Engineer E82 $ 132,818.51 $ 138,353.05 $ 143,887.60 $ 149,422.15 $ 154,956.70 $ 160,484.60 $ 166,023.13 $ 170,837.80 $ 175,652.47 $ 180,467.14 $ 185,281.81 $ 190,096.48 $ 194,911.15 $ 199,725.80 City Manager F101* $ 180,712.41 $ 188,242.70 $ 195,772.98 $ 203,303.27 $ 210,833.56 $ 218,354.81 $ 225,890.51 $ 232,441.33 $ 238,992.15 $ 245,542.97 $ 252,093.79 $ 258,644.61 $ 265,195.43 $ 271,746.25 Per Meeting Monthly Recreation Leader A01 $15.00 $15.75 $16.50 $17.25 $18.00 $0.00 $2,800.00 Senior Recreation Leader A02 $19.00 $19.95 $20.90 $21.85 $22.80 $50.00 $2,300.00 Administrative Technician B21 $24.76 $26.00 $27.24 $28.48 $29.72 $75.00 Software Program Report Writer B24 $31.21 $32.77 $34.33 $35.89 $37.45 $100.00Planning Commission FULL-TIME EMPLOYEES (ANNUAL) Council Members Boards and Commission Members Construction Appeals & Oversight Board Housing Commission Community Services & Financial Advisory Commission PART-TIME EMPLOYEES (HOURLY)Elected Official Positions Mayor FULL-TIME EMPLOYEES (ANNUAL) City Council Approval 08/03/2021 06/15/2021 Effective Date 08/16/2021 07/01/2021 EXHIBIT A RESOLUTION NO. 2021-XXX Adopted: December 7, 2021 41 42 City of La Quinta Schedule of Salary Ranges DBM MIN - Step 1 Step 2 Step 3 Step 4 JOB RATE - Step 5 Step 6 Step 7 Step 8 Step 9 Merit Max Step 10 Verification A11 $39,594.09 $41,573.79 $43,553.50 $45,533.20 $47,512.91 $49,125.13 $50,737.35 $52,349.57 $53,961.79 $55,574.03 0.4035941 A12 $43,561.90 $45,740.00 $47,918.09 $50,096.19 $52,274.28 $54,048.05 $55,821.82 $57,595.59 $59,369.36 $61,143.14 0.4035921 A13 $47,529.70 $49,906.19 $52,282.67 $54,659.16 $57,035.65 $58,970.97 $60,906.29 $62,841.61 $64,776.93 $66,712.24 0.4035905 B21 $51,509.43 $54,084.91 $56,660.38 $59,235.85 $61,811.32 $63,908.82 $66,006.32 $68,103.82 $70,201.32 $72,298.82 0.4036035 B22 $55,477.24 $58,251.10 $61,024.96 $63,798.82 $66,572.68 $68,831.73 $71,090.78 $73,349.83 $75,608.88 $77,867.93 0.4036014 B23 $59,445.05 $62,417.30 $65,389.55 $68,361.81 $71,334.06 $73,754.66 $76,175.26 $78,595.86 $81,016.46 $83,437.04 0.4035994 B24/B31 $64,914.69 $68,160.43 $71,406.16 $74,651.89 $77,897.63 $80,540.90 $83,184.17 $85,827.44 $88,470.71 $91,113.99 0.4035958 B25/B32 $71,645.28 $75,227.54 $78,809.80 $82,392.07 $85,974.33 $88,891.79 $91,809.25 $94,726.71 $97,644.17 $100,561.65 0.4036048 MIN - Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 JOB RATE - Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Merit Max Step 14 C41 $74,168.23 $77,258.82 $80,349.41 $83,440.00 $86,530.59 $89,617.47 $92,710.28 $95,398.88 $98,087.48 $100,776.08 $103,464.68 $106,153.28 $108,841.88 $111,530.46 C42 $78,471.50 $81,741.41 $85,011.32 $88,281.22 $91,551.13 $94,817.11 $98,089.38 $100,933.97 $103,778.56 $106,623.15 $109,467.74 $112,312.33 $115,156.92 $118,001.50 C43 $82,774.75 $86,223.98 $89,673.20 $93,122.43 $96,571.65 $100,016.74 $103,468.44 $106,469.02 $109,469.60 $112,470.18 $115,470.76 $118,471.34 $121,471.92 $124,472.52 C44 $88,163.52 $91,837.30 $95,511.07 $99,184.85 $102,858.62 $106,527.99 $110,204.41 $113,400.33 $116,596.25 $119,792.17 $122,988.09 $126,184.01 $129,379.93 $132,575.88 C45 $94,624.87 $98,567.89 $102,510.91 $106,453.93 $110,396.95 $114,335.24 $118,281.09 $121,711.24 $125,141.39 $128,571.54 $132,001.69 $135,431.84 $138,861.99 $142,292.15 D61 $100,013.65 $104,181.21 $108,348.78 $112,516.35 $116,683.92 $120,846.49 $125,017.06 $128,642.55 $132,268.04 $135,893.53 $139,519.02 $143,144.51 $146,770.00 $150,395.50 D62 $105,014.33 $109,390.28 $113,766.23 $118,142.17 $122,518.12 $126,888.82 $131,267.92 $135,074.69 $138,881.46 $142,688.23 $146,495.00 $150,301.77 $154,108.54 $157,915.30 D63 $110,265.05 $114,859.80 $119,454.54 $124,049.29 $128,644.03 $133,233.26 $137,831.31 $141,828.42 $145,825.53 $149,822.64 $153,819.75 $157,816.86 $161,813.97 $165,811.07 D64 $115,778.30 $120,602.78 $125,427.27 $130,251.75 $135,076.23 $139,894.92 $144,722.88 $148,919.84 $153,116.80 $157,313.76 $161,510.72 $165,707.68 $169,904.64 $174,101.63 D65 $120,470.29 $125,490.29 $130,510.29 $135,530.29 $140,550.28 $145,564.26 $150,587.87 $154,954.92 $159,321.97 $163,689.02 $168,056.07 $172,423.12 $176,790.17 $181,157.19 E81 $126,493.81 $131,764.81 $137,035.80 $142,306.80 $147,577.80 $152,842.47 $158,117.26 $162,702.66 $167,288.06 $171,873.46 $176,458.86 $181,044.26 $185,629.66 $190,215.09 E82 $132,818.51 $138,353.05 $143,887.60 $149,422.15 $154,956.70 $160,484.60 $166,023.13 $170,837.80 $175,652.47 $180,467.14 $185,281.81 $190,096.48 $194,911.15 $199,725.80 E83 $139,459.43 $145,270.71 $151,081.98 $156,893.26 $162,704.53 $168,508.83 $174,324.29 $179,379.69 $184,435.09 $189,490.49 $194,545.89 $199,601.29 $204,656.69 $209,712.11 F101 $180,712.41 $188,242.70 $195,772.98 $203,303.27 $210,833.56 $218,354.81 $225,890.51 $232,441.33 $238,992.15 $245,542.97 $252,093.79 $258,644.61 $265,195.43 $271,746.25 NON-DISCRETIONARY STEPS DISCRETIONARY STEPS (PERFORMANCE BASED) 2021/22 ANNUAL SALARY RANGES Effective June 27, 2016 43 44 City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT AGENDA TITLE: APPROVE CHANGE ORDER NO. 2 TO CONTRACT WITH R DEPENDABLE CONST INC. FOR THE FIRE STATION NO. 70 REVITALIZATION PROJECT NO. 2019-07 FOR ADDITIO NAL MISCELLANEOUS REQUESTED WORK RECOMMENDATION Approve Change Order No. 2 in the amount of $8,616 to Contract with R Dependable Const Inc. for the Fire Station No. 70 Revitalization Project 2019- 07 for additional miscellaneous r equested work; and authorize the City Manager to execute the change order. EXECUTIVE SUMMARY •On March 16, 2021, a contract was awarded to R Dependable Const Inc. (Contractor) for the construction of Fire S tation No. 70 Revitalization Project (Project) (Attachment 1). •Change Order No. 2 (Attachment 2) includes four (4) additional work requests: Removal of electrical plugs and J boxes ($3,790.40) Sealing of cracks ($1,000.00) Two-tone paint ($2,935.50) Additional soap dispensers ($889.66) FISCAL IMPACT Th ere are sufficient funds in the Project budget (Account No. 401-0000-60103) for change order in the amount of $8,615.56. Budget Fire Tax Credit Funds $ 684,000 Total Budget: $ 684,000 Th e following is a list of all change orders to date: Total Contract Original Con tract Amount: $539,000.00 Change Order No. 1: $ 33,361.30 Change Order No. 2 (proposed): $ 8,615.56 Final Contract A mount: $580,976.86 CONSENT CALENDAR ITEM NO. 7 45 BACKGROUND/ANALYSIS Th e Project entailed renovation of the Station’s interior, reception area, dormitory, Captain’s bedroom, two bathrooms, constr uction of a new Employee Development Center Room, paint and flooring throughout. The Project also includes energy efficiency improvements such as updating the lighting fixtures with LED lighting, n ew speakers and data ready conduits. The exterior patio trellis will be renovated. Additive alternates include upgrading the existing generator and exterior window fixtures to improve efficiency. Proposed Change Order No. 2 is recommen ded for approval in the amount of $8,615.56 with no additional working days requested. The additional work requests in clude the following : •Removal of Electrical Plugs and J Boxes – during the course of construction electrical outlets were discovered under existing furniture which needed to be removed to meet code compliance. During removals the wiring needed to be modified to keep other outlets operable. This included additional electrical labor needed to fix the wiring during the electrical plug J box removals. •S ealing of cr acks – there were many hair -line cracks discovered after the existing flooring was removed . Staff requested that they be filled to help with the aesthetic of the new stained concrete floor. •Two-Tone Paint – the initial bid document called out for the walls and ceiling to be the same color. After samples were provided, the Fire Station Staff requested that the walls and ceiling be separate colors. •A dditional Soap Dispensers – during the course of construction it was discovered that the soap dispensers would be in con flict with the cabinets if placed in the location proposed. Staff requested that soap dispensers instead be mounted under-counter to remove any potential conflicts. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/ City Engineer Attachments: 1.Vicinity Map 2. Change Order No. 2 46 ATTACHMENT 1 2019-07 Fire Station 70 Revitalization Project Vicinity Map 47 48 CONTRACT: Fire Station 70 Revitalization PROJECT NO.: 2019-07 CONTRACTOR: R Dependable Const Inc. 1019 W. 3rd St., Ste. B San Bernardino, CA 92410 CONTRACT CHANGE ORDER NO. 2 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for electrical plugs and J boxes Total $3,790.40 This Contract Change Order allows for sealing of cracks Total $1,000.00 This Contract Change Order allows for two-tone paint Total $2,935.50 This Contract Change Order allows for soap dispensers Total $889.66 By reason of this contract change order the time of completion is adjusted as follows: - 0 - days added to contract time. The contract completion date shall be: 10/13/2021 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: Date: Original Contract Amount $539,000.00 Change Order No. 1 $ 33,361.30 Add This Change Order No. 2 $ 8,615.56 Revised Contract Total $580,976.86 ATTACHMENT 2 49 50 City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT AGENDA TITLE: APPROVE EMPLOYMENT AGREEMENT WITH CLAUDIA MARTINEZ TO SERVE AS FINANCE DIRECTOR/CITY TREASURER RECOMMENDATION Approve 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. EXECUTIVE SUMMARY •After an extensive nationwide search, the Finance Director/City Treasurer recruitment closed October 11, 2021, and resulted in the selection of Claudia Martinez. •If approved, the At Will Employment Agreement (Agreement) will go into effect December 20, 2021 FISCAL IMPACT Base annual salary is $143,887.60 in accordance with the adopted Fiscal Year 2021/22 salary schedule and is budgeted in salary and benefits Account No. 101-1006-50101. BACKGROUND/ANALYSIS If approved, the Agreement will go into effect December 20, 2021, for Claudia Martinez to serve as Finance Director/City Treasurer. The Agreement has standard terms and conditions, including job duties, base pay, work hours, specified leave, and severance compensation. ALTERNATIVES Council may direct the City Attorney to revise provisions or may reject the proposed Agreement. Prepared by: Chris Escobedo, Community Resources Director Approved by: Jon McMillen, City Manager Attachment: 1. Employment Agreement with Claudia Martinez BUSINESS SESSION ITEM NO. 1 51 52 Page 1 of 8 AT WILL EMPLOYMENT AGREEMENT This AT WILL EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 20 day of December, 2021 (the “Effective Date”), by and between the City of La Quinta, a public body (the “City” or “Employer”), and Claudia Martinez, an individual (the “Employee”), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to employ the services of Employee as the Finance Director/City Treasurer as defined by the job description referenced herein; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of Employee; and WHEREAS, Employee desires to accept employment as the Finance Director/City Treasurer. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. Employer hereby agrees to employ said Employee as Finance Director/City Treasurer of said City to perform the functions and duties specified in the City of La Quinta CLASS SPECIFICATION – Director assigned to Finance Director/City Treasurer and as provided by state or federal law, and to perform other legally permissible and proper duties and functions as the City Manager shall from time-to-time assign. Section 2. Term. A.Employee shall commence services as Finance Director/City Treasurer on December 20, 2021, which shall also be deemed the effective date of this Agreement. B.Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager acting for the City to terminate the services of Employee at any time, with or without cause subject only to the provisions set forth in Section 4, paragraphs A and B, of this Agreement. Employee is an “AT WILL” employee serving at the pleasure of the City Manager and subject to summary dismissal without any right of pre- or post- ATTACHMENT 1 53 Page 2 of 8 termination hearing, or any other form of due process, including any Skelly hearing. C.Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the position with Employer, subject only to the provisions set forth in Section 4, paragraph E, of this Agreement. D.Employee, with prior written approval of the City Manager, may undertake outside professional activities for compensation, including consulting, teaching, speaking and writing provided they do not interfere with Employee’s normal duties and are done only during vacation or other unpaid time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activities create a conflict of interest with the duties of the Finance Director/City Treasurer and the interests of the City. Section 3. Administrative Leave with Pay. Employer may place Employee on Administrative Leave with Pay at any time while employed under this Agreement. Employee shall be entitled to full pay and benefits during this time. However, if the purpose of placing Employee on Administrative Leave with Pay is to conduct an investigation into potential wrongdoing, and after that investigation, Employee is convicted of a crime involving abuse of office or position, then pursuant to Government Code Section 53243, Employee shall be required to fully reimburse Employer for any salary or benefits received while on Administrative Leave with Pay. “Abuse of office or position” shall be as defined in Government Code Section 53243.4, as may be amended. Section 4. Discipline, Termination and Severance Pay. A.In the event Employee is terminated by the City Manager during such time that Employee is willing and able to perform their duties under this Agreement, Employee agrees that City Manager will furnish notice of termination at least thirty (30) days prior to the effective date of termination and Employer agrees to pay Employee a lump sum cash payment equal to six (6) month’s base salary. Pursuant to Government Code Section 53243.2, if Employee is later convicted of a crime involving abuse of office or position, then any severance paid under this Section 4.A shall be returned by Employee to Employer. B.Employee may be terminated at any time for willful misconduct or abuse of office or position. The determination of what constitutes willful 54 Page 3 of 8 misconduct shall be within the sole discretion of the City Manager; provided that it shall relate to the welfare of the City. Willful misconduct includes conduct directly related to conduct in office and the duties in office. It includes the refusal to follow the lawful directions of the City Manager. It also includes conduct not directly related to the performance of the official duties of the office when such conduct has a direct and harmful effect on the welfare or reputation of the City. Evidence of such direct and harmful effects includes, but is not limited to, conviction of a felony or a crime of moral turpitude. Abuse of office or position shall be as defined in Government Code Section 53243.4, as may be amended. In the event that Employee is terminated for willful misconduct or abuse of office or position, Employer shall have no obligation to pay, and shall be prohibited from paying, the severance sum designated in Section 4.A above, or any severance sum at all. C.Nothing in this Agreement shall prohibit Employer from imposing discipline less than termination upon Employee, including written reprimands, suspensions, or reductions in pay. Employee shall not be entitled to any due process as a result of the implementation of discipline less than termination and imposing lesser discipline does not in any way change Employee’s At-Will status. D.In the event: (1) Employer, at any time while Employee is employed under this Agreement, reduces the salary or other financial benefits of Employee (other than a suspension of five (5) working days or less or a temporary reduction in salary of thirty (30) days or less) in a greater percentage than an applicable across-the-board reduction of all employees of Employer; or (2) Employer refuses, following written notice, to comply with any other provision benefiting Employee herein; or (3) Employee resigns following a formal suggestion by the City Manager that she resign, then Employee may elect to be “terminated” as of that time, and shall be entitled to the severance provisions of Section 4.A above. E.If Employee voluntarily resigns from their position while employed under this Agreement, then Employee shall give Employer at least thirty (30) day advance written notice, unless the parties agree otherwise, and Employee shall not be entitled to any severance pay. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform their duties because of sickness, accident, injury, mental incapacity, or health for a period of six successive weeks beyond any accrued sick leave or for the legal duration of the Family & Medical Leave Act (whichever is greatest), Employer shall have the option to terminate this Agreement. Termination 55 Page 4 of 8 pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued vacation, sick leave, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. Section 6. Salary. A.Employer agrees to pay Employee for services rendered pursuant thereto at Step 3 of DBM Salary Rating E82 ($143,887.60 annually), as noted in the Fiscal Year 2021/22 salary schedule payable in equal installments at the same time as other employees of the Employer are paid. Salary may be adjusted in accordance with Section 6.B. hereinafter (if not at top step), or as adjustments are made to the Salary Schedule for all City employees. B.A probationary performance and salary evaluation shall be conducted twelve (12) months following the date of the initial hire based, in part, on Employee’s successful crafting and implementation of the Performance-Based Metrics outlined on Exhibit A of this Agreement. An annual performance and salary evaluation shall be conducted during the annual evaluation period for all employees each year thereafter. All performance and salary evaluations shall be conducted in accordance with the City’s Personnel Rules. During the annual performance and salary evaluation, the City Manager and the Employee shall develop performance-based compensation metrics upon which the Employee’s performance and compensation adjustments shall be based. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules and Section 8, below. Section 8. Vacation, Sick Leave and Administrative Leave. Employee shall accrue, and have credited to their personal account, vacation and sick leave as provided for the Finance Director/City Treasurer pursuant to the Personnel Rules. Employee shall receive eighty (80) hours of Administrative Leave per year in accordance with the Personnel Rules. Section 9. Other Benefits. Employee shall be provided with the same health, dental, vision, life 56 Page 5 of 8 insurance and retirement benefits as other general employees of the City. Employee may also receive an annual physical examination at City expense. Section 10. Other Terms and Conditions of Employment. A.The City Manager, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City’s Municipal Code or any applicable state or federal law. B.All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other full-time employees of Employer, in addition to the benefits specifically set forth herein for the benefit of Employee. Section 11. Sole Rights. The severance rights provided in Section 4.A shall constitute the sole and only entitlement of Employee in the event of termination, other than for willful misconduct or abuse of power or office, and Employee expressly waives any and all other rights except as provided herein. Section 12. Notices. Notices pursuant to this Agreement shall be given by: (1) email with verification of delivery; (2) facsimile transmission with confirmation; (3) personal delivery: (4) overnight delivery service with conformation; or (5) deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 EMPLOYEE: CLAUDIA MARTINEZ 78-495 Calle Tampico La Quinta, CA 92253 Notice shall be deemed given as of the date of personal, overnight delivery, email, or facsimile service or as of the date of deposit of such written 57 Page 6 of 8 notice in the course of transmission in the United States Postal Service. Section 13. General Provisions. A.This Agreement shall constitute the entire agreement between the parties. No prior oral or written communications are incorporated herein. B.This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C.If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. D.This Agreement may be signed in counterparts with signature pages transmitted by email, facsimile, personal delivery or overnight delivery, all of which will be treated as originals. 58 Page 7 of 8 IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be dated, signed and executed in its behalf by its City Manager, and duly attested by its City Clerk, and the Employee has dated, signed and executed this Agreement, both in duplicate, to become effective as of the Effective Date. EMPLOYER: CITY OF LA QUINTA By: Jon McMillen, City Manager Date: ATTEST: Monika Radeva, City Clerk Date: APPROVED AS TO FORM: William H. Ihrke, City Attorney Date: EMPLOYEE: _________________________________ Claudia Martinez Date: 59 Page 8 of 8 Exhibit “A” Performance-Based Metrics Evaluate the Finance Department’s processes and personnel and increase collaboration with other city departments. o Within 90 days 1.Evaluate personnel and processes with an emphasis on audit and year-end processes and provide the City Manager with analysis and recommendations. 2.Maximize the use of the City’s financial data and provide robust training programs for Finance department and citywide staff on the Tyler Financial system including budget monitoring, reporting, general ledger inquiry, and audit/internal control best practices. 3.Enhance the current Finance department accounting checklist to include all department and citywide deadlines. 4.Hire and onboard the Accounting Manager position. o Within 180 days 1.Review and update City’s financial policies as needed and implement new policies as recommended by auditors. 2.Collaborate with the Design and Development department on enhancements and updates of permit management software and assist the Public Works department with implementation of new work order/asset management system. 3.Attend training events and courses to continue enhancement of leadership skills, effective communication, delegation, and work/life balance. 60 City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO CONFIRM CAMPAIGN CONTRIBUTION LIMITS TO FOLLOW STATE LAW, ESTABLISH CITY REGULATIONS RELATING TO SPECIFIED CAMPAIGN CONTRIBUTIONS, AND AUTHORIZE SPECIFIED PENALTIES FOR VIOLATIONS OF CITY REGULATIONS PURSUANT TO ASSEMBLY BILL 571 (STATS. 2019, CH. 556) RECOMMENDATION Adopt a Resolution to confirm campaign contribution limits to follow State law, establish City regulations relating to specified campaign contributions, and authorize specified penalties for violations of City regulations pursuant to Assembly Bill 571. EXECUTIVE SUMMARY •On January 1, 2021, Assembly Bill 571 (Stats. 2019, Ch. 556, Mullin) (AB 571)had State campaign contribution limits and related regulations apply to city and county candidates. •Under AB 571, a city or county has the authority to impose its own campaign contribution limits and related regulations. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The California Political Reform Act (Act) (Government Code section 81000 et. seq.) was enacted by the California voters in 1974, and it includes provisions that regulate campaign finance, lobbying activity, and conflict of interest. AB 571 was signed into law by the Governor in October 2019 and applies the state-established campaign contribution limits for state candidates to candidates for city and county offices effective January 1, 2021. The 2021- 2022 default limit for contributions is set at $4,900 per single contributor per election (Attachment 1). The California Fair Political Practices Commission (FPPC), the State agency responsible for enforcing the Act, is required to adjust the limit in January of every odd-numbered year to reflect any increase BUSINESS SESSION ITEM NO. 2 61 or decrease in the Consumer Price Index, with these adjustments to be rounded to the nearest $100 for limitations on contributions and $1,000 for limitations on expenditures. Under AB 571, a city has the authority to impose its own campaign contribution limits that are greater or smaller than the limits imposed by the State. Pursuant to Government section 85702.5 a county or city may, by ordinance or resolution, impose a limit on contributions to a candidate for elective county or city office that is different from the default limits set forth in Government Code section 85301 and adopt enforcement standards for a violation of that limit. Compliance and enforcement of City established contribution limits are the responsibility of the City and not the FPPC, and are not subject to the Act’s provisions. Local governmental agencies are required to file a copy of local regulations on campaign contribution limits with the FPPC. As of this writing, there are a total of 174 local campaign ordinances or resolutions on file with the FPPC. Currently, the City defaults to state regulations regarding campaign contribution limits for elective City offices. Along with the State default campaign contribution limits, AB 571 imposes to city and county candidates other related provisions that formerly applied only to state-level candidates (Attachment 2), including the following (the list below is not all encompassing): Under state regulations in Title 2 of the California Code of Regulations, Section 18110 et seq. (“FPPC Regulations”), a candidate for elective state, county, or city office that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election to a subsequent election for the same or a different elective office (FPPC Regulations § 18521); Candidates may transfer non-surplus campaign funds from one candidate-controlled committee to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county, or city office. The contributions transferred must be attributed and transferred using the “last in, first out” or “first in, first out” accounting method and shall not exceed the applicable contribution limit per contributor (FPPC Regulation §18536 related to the transfer and attribution of contributions); For candidates seeking to transfer campaign funds from one controlled committee to another for the same office, a candidate may carry over non-surplus campaign funds raised in connection with one election to 62 pay for campaign expenditures incurred in connect with a subsequent election for the same office without attributing or using the “last in, first out” or “first in, first out” accounting method (FPPC Regulation §18537.1 related to carryover of contributions); Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election (FPPC Regulation §18531.64); Candidates that are currently in office who are running for reelection to the same seat in an election after January 1, 2021, may carry over campaign funds without attribution pursuant to otherwise applicable provisions in the Act and FPPC Regulations. Staff recommends that the City adopt the attached Resolution, which confirms the City’s campaign contribution limits will be the State-established campaign contribution limit, but allows candidates for elective City offices to continue to: 1) redesignate controlled committees for one election to a subsequent election for the same or a different City office; 2) redesignate committee bank accounts for one election to a subsequent election for the same or different City office; and 3) carry over non-surplus campaign funds raised in connection with one municipal election to pay for campaign expenditures incurred in connection with a subsequent municipal election without attribution, being subject to the campaign contribution limit, or using the “last in, first out” or “first in, first out” accounting method. In all other aspects, the Act and FPPC Regulations would remain applicable. The campaign contribution limits, regulations, and penalties imposed by this Resolution shall go into effect immediately upon its adoption. ALTERNATIVES Council may elect to continue to simply default to state regulations and not adopt this Resolution. Council may amend this Resolution and adopt different City regulations related to campaign contributions. Council may direct staff to bring back an ordinance to add campaign contribution regulations into the La Quinta Municipal Code. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachments: 1. FPPC CA State Contribution Limits 2021-2022 2. AB 571 – FPPC Fact Sheet 63 64 RESOLUTION NO. 2021 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING CAMPAIGN CONTRIBUTION LIMITS TO FOLLOW STATE LAW, ESTABLISHING CITY REGULATIONS RELATING TO SPECIFIED CAMPAIGN CONTRIBUTIONS, AND AUTHORIZING SPECIFIED PENALTIES FOR VIOLATIONS OF CITY REGULATIONS, PURSUANT TO ASSEMBLY BILL 571 (STATS. 2019, CH. 556) WHEREAS, The California Political Reform Act, Government Code section 81000 et seq. (“Act”) was enacted by the California voters in 1974, and it includes provisions that regulate campaign finance, lobbying activity, and conflict of interest; and WHEREAS, the City of La Quinta (“City”) currently does not have campaign contribution limits or regulations; and WHEREAS, pursuant to Assembly Bill No. 571 (Stats. 2019, Ch. 556, AB 571 Mullin) (“AB 571”), effective January 1, 2021, a state campaign contribution limit applies to city and county candidates when the city or county has not enacted a contribution limit for such candidates; and WHEREAS, pursuant to Government Code section 85301 the default limit for contributions to city and county candidates subject to AB 571 for 2021-2022 is set at $4,900 from a single source per election. These provisions do not apply to a candidate’s contributions of the candidate’s personal funds to the candidate's own campaign; and WHEREAS, pursuant to Government Code section 83124 the FPPC is required to adjust the limit in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index, with these adjustments to be rounded to the nearest $100 for limitations on contributions and $1,000 for limitations on expenditures; and WHEREAS, pursuant to Government Code section 85702.5 a county or city may, by ordinance or resolution, impose a limit on contributions to a candidate for elective county or city office that is different from the default limits set forth in Government Code §85301, and adopt enforcement standards for a violation of that limit. Compliance and enforcement of City established 65 Resolution No. 2021 – xxx Campaign Contribution Limits, Regulations, and Penalties Adopted: December 7, 2021 Page 2 of 5 contribution limits are the responsibility of the City and not the FPPC, and are not subject to the Act’s provisions; and WHEREAS, along with the State default campaign contribution limits, AB 571 imposes to city and county candidates other related provisions that formerly applied only to state-level candidates, including the following (the list below is not all encompassing):  Under state regulations in Title 2 of the California Code of Regulations, Section 18110 et seq. (“FPPC Regulations”), a candidate for elective state, county, or city office that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election to a subsequent election for the same or a different elective office (FPPC Regulations § 18521);  Candidates may transfer non-surplus campaign funds from one candidate-controlled committed to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county, or city office. The contributions transferred must be attributed and transferred using the “last in, first out” or “first in, first out” accounting method and shall not exceed the applicable contribution limit per contributor (FPPC Regulation §18536 related to the transfer and attribution of contributions);  For candidates seeking to transfer campaign funds from one controlled committee to another for the same office, a candidate may carry over non-surplus campaign funds raised in connection with one election to pay for campaign expenditures incurred in connect with a subsequent election for the same office without attributing or using the “last in, first out” or “first in, first out” accounting method (FPPC Regulation §18537.1 related to carryover of contributions);  Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election (FPPC Regulation §18531.64);  Candidates that are currently in office who are running for reelection to the same seat in an election after January 1, 2021, may carry over campaign funds without attribution pursuant to otherwise applicable provisions in the Act and FPPC Regulations; and 66 Resolution No. 2021 – xxx Campaign Contribution Limits, Regulations, and Penalties Adopted: December 7, 2021 Page 3 of 5 WHEREAS, it is the purpose and intent of the City Council in adopting this resolution to preserve an orderly political forum in which individuals and groups may express themselves effectively; to eliminate the appearance of any improper influence over the City’s elected officials; to place realistic enforceable limits on campaign contributions for municipal elections for City offices; and to provide full and fair enforcement; and WHEREAS, based upon the foregoing recitals, the City Council desires to adopt a resolution establishing campaign contribution limits, regulations, and penalties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. RECITALS. The recitals above are true and correct and incorporated herein by this reference. SECTION 2. DEFINITIONS. The terms used in this Resolution shall have the same definitions as specified in the Act and FPPC regulations. In those cases where definitions in the Act or FPPC regulations contain a specific reference to any state election, candidate, or electoral criteria, the definition shall be modified to reflect the municipal equivalent, or, in the absence of a municipal equivalent, to delete the specific reference. SECTION 3. CAMPAIGN CONTRIBUTION – LIMITATIONS AND RELATED ADJUSTMENTS. The City’s campaign contribution limits shall be the limits as set by Government Code section 85301. These provisions do not apply to a candidate’s contributions of the candidate’s personal funds to the candidates own campaign. Campaign contribution limits shall be biennially adjusted in accordance with Government Code section 83124. SECTION 4. CAMPAIGN FUND TRANSFERS. Candidates may transfer non-surplus campaign funds from one controlled committee to another committee controlled by the same candidate for the same or a different elective City office and may carry over non-surplus campaign funds raised in connection with one municipal election to pay for campaign expenditures incurred in connect with a subsequent municipal election without attributing, being subject to the campaign contribution limit, or using the “last in, first out” or “first in, first out” accounting method. Candidates do not need to establish a separate campaign bank account for redesignated committees for the same or a different City office. In all other aspects, the Act and FPPC Regulations related to campaign fund transfers shall apply. 67 Resolution No. 2021 – xxx Campaign Contribution Limits, Regulations, and Penalties Adopted: December 7, 2021 Page 4 of 5 SECTION 5. LOCAL CANDIDATE CAMPAIGN COMMITTEES. Candidates for elective City office that are subject to the contribution limit in Government Code section 85301 may redesignate a committee for one municipal election to another municipal election for the same or different elective City office. In all other aspects, the Act and FPPC Regulations related to committees shall apply. SECTION 6. ENFORCEMENT AND PENALTIES. Any violation of this Resolution may be enforced by the City as a misdemeanor, infraction, or by administrative citation in accordance with Title 1 of the La Quinta Municipal Code. SECTION 7. EFFECTIVE DATE. This Resolution shall be in full force and effect upon adoption. SECTION 8. CORRECTIVE AMENDMENTS. the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to this Resolution to ensure consistency of all approved text. SECTION 9. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of , 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 68 Resolution No. 2021 – xxx Campaign Contribution Limits, Regulations, and Penalties Adopted: December 7, 2021 Page 5 of 5 ________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ____________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 69 70 California Fair Political Practices Commission California State Contribution Limits (Effective January 1, 2021 ‐ December 31, 2022) Candidates seeking a state office and committees that make contributions to state candidates are subject to contribution limits from a single source. Beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates. (Sections 85301 ‐ 85303.) Contributions from affiliated entities are aggregated for purposes of the limits. (Regulation 18215.1.) The chart below shows the current limits per contributor for state offices and city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates. The primary, general, special, and special run‐off elections are considered separate elections. Contribution limits to candidates apply to each election. Contribution limits to officeholder and other committees apply on a calendar year basis. Contact your city or county about contribution limits for local offices, state campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates. Contribution Limits to State and Local* Candidates Per Election Contributor Sources Candidate or Officeholder Person (individual, business entity, committee/PAC) Small Contributor Committee (see definition on page 2) Political Party City and County Candidates subject to Section 85301 (d) $4,900 $4,900 $4,900 Senate and Assembly $4,900 $9,700 No Limit CalPERS/CalSTRS $4,900 $9,700 No Limit Lt. Governor, Secretary of State, Attorney General, Treasurer, Controller, Supt. of Public Instruction, Insurance Commissioner, and Board of Equalization $8,100 $16,200 No Limit Governor $32,400 $32,400 No Limit *State campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates Contributions to Other State Committees Per Calendar Year Contributor Sources Committee Person (individual, business entity, committee/PAC) Committee (Not Political Party) that Contributes to State Candidates (PAC) $8,100 Political Party Account for State Candidates $40,500 Small Contributor Committee $200 Committee Account NOT for State Candidates (Ballot Measure, PAC, Political Party) No Limit* *State committees (including political parties and PACs) may receive contributions in excess of the limits identified above as long as the contributions are NOT used for state candidate contributions. (Regulation 18534.) Contributions to State Officeholder Committees Per Calendar Year Contributor Sources Committee Any Source (Person, Small Contributor Committee or Political Party) Aggregate From All Sources Senate and Assembly $4,000 $67,300 CalPERS/CalSTRS $4,000 $67,300 Lt. Governor, Secretary of State, Attorney General, Treasurer, Controller, Supt. of Public Instruction, Insurance Commissioner, and Board of Equalization $6,700 $134,600 Governor $26,900 $269,300 ATTACHMENT 1 71 California Fair Political Practices Commission California State Contribution Limits (Effective January 1, 2021 ‐ December 31, 2022) The contribution limits are effective for elections held between January 1, 2021 and December 31, 2022. (Regulation 18545.) These limits do not apply to contributions made to elections in previous years. Such contributions are subject to the limits in place for that year see previous charts. Legal Defense Funds Contributions raised for a legal defense fund are not subject to contribution limits or the voluntary expenditure ceiling. However, a candidate or officeholder may raise, in total, no more than is reasonably necessary to cover attorney’s fees and other legal costs related to the proceeding for which the fund is created. (Section 85304; Regulation 18530.4.) Recall Elections A state officeholder and city or county officeholder subject to Section 85301 (d) who is the subject of a recall may set up a separate committee to oppose the qualification of the recall measure and, if the recall petition qualifies, the recall election. Neither contribution limits nor voluntary expenditure ceilings apply to the committee to oppose the recall that is controlled by the officeholder who is the target of the recall attempt. Candidates running to replace an officeholder who is the target of a recall are subject to the contribution limits and the expenditure limits applicable to the election for that office. (Section 85315; Regulation 18531.5.) Ballot Measure Committees Contributions to ballot measure committees controlled by a candidate for elective state office or a candidate for elective city or county office subject to Section 85301 (d) are not limited. Contributions from State Candidates and Candidates subject to Section 85301 (d) A state candidate or candidate for elective city or county office subject to Section 85301 (d) may not contribute more than $4,900 to a committee controlled by another state candidate or or candidate for elective city or county office subject to Section 85301 (d) (This limit applies on a per election basis and includes, in the aggregate, contributions made from the candidate’s personal funds and from campaign funds. (Section 85305; Regulation 18535.) This limit does not apply to a committee controlled by a state candidate or a committee controlled by a candidate for elective city or county office subject to Section 85301 (d) to oppose his or her recall or their contributions made to a legal defense fund established by a candidate for elective state office or candidate for elective city or county office subject to Section 85301(d). It also does not apply to contributions made by a candidate for elective state office or a candidate for elective city or county office subject to Section 85301 (d)to a ballot measure committee controlled by a another state candidate or candidate for elective city or county office subject to Section 85301 (d). Please note there are certain rules applicable to use of funds held by state officeholder committees (See Regulation 18531.62.) Communications Identifying State Candidates Any committee that makes a payment or a promise of payment totaling $50,000 or more for a communication that: 1.Clearly identifies a state candidate; but 2.Does not expressly advocate the election or defeat of the candidate; and 3.Is disseminated, broadcast, or otherwise published within 45 days of an election, may not receive a contribution from any single source of more than $40,500 in a calendar year if the communication is made at the behest of the candidate featured in the communication. (Section 85310.) Officeholder Committees Officeholder contributions must be cumulated (in full) with any other contributions from the same contributor(s) for any other future elective state office or elective city or county office subject to Section 85301 (d) for which the officeholder maintains a controlled committee during the term of office in which the contribution is received. Contributions to candidates for future elections and to their officeholder account are cumulated for purposes of contribution limits. (Regulation 18531.62.) Contributions from State Lobbyists A state lobbyist may not contribute to a state officeholder’s or candidate’s committee if the lobbyist is registered to lobby the agency of the elected officer or the agency to which the candidate is seeking election. The lobbyist also may not contribute to a local committee controlled by any such state candidate. (Section 85702; Regulation 18572.) In addition, effective January 1, 2015, lobbyists and lobbying firms may no longer take advantage of the $500 or less home/office fundraiser exception that is available to other individuals and entities. (Section 82015(f).) Local Elections Many cities and counties have local contribution limits and other election rules. “Local Campaign Ordinances” are listed on the FPPC’s website. Check with your city or county about contribution limits for local elections. A State campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates. Definitions Person: An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. (Section 82047.) Small Contributor Committee: Any committee that meets all of the following criteria: (a)The committee has been in existence for at least six months. (b)The committee receives contributions from 100 or more persons. (c)No one person has contributed to the committee more than $200 per calendar year. (d)The committee makes contributions to five or more candidates. (Section 85203; Regulation 18503.) Political Party Committee: The state central committee or county central committee of an organization that meets the requirements for recognition as a political party under Elections Code Section 5100. (Section 85205.) www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (1.866.275.3772 ) Ed. Pro. • 007-01-2021 • Page 2 of 2 72 Fair Political Practices Commission Contribution Limits: City and County Candidates1 Introduction Pursuant to Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits. Current State Contribution Limit The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website’s FPPC Regulations page. The default limit for contributions to city and county candidates subject to AB 571 for 2021-2022 is set at $4,900 per election. Other Provisions Affecting City and County Candidates Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following: • A candidate may not make a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 limit with limited exceptions related to recall elections, legal defense funds and candidate- controlled ballot measure committees. (See Regulation 18535 for more information.) • A candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election for another election. • Candidates may transfer non-surplus campaign funds from one candidate- controlled committee to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county or city office. However, contributions transferred must be attributed and transferred using the “last in, first out” or “first in, first out” accounting method and www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 1 of 8 ATTACHMENT 2 73 shall not exceed the applicable contribution limit per contributor. If a candidate is seeking to transfer campaign funds from one controlled committee to another for the same office a candidate may carry over non-surplus campaign funds raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office without attributing or using the “last in, first out” or “first in, first out” accounting method. (See Regulation 18536 for more information on the transfer and attribution of contributions and See Regulation 18537.1 for more information on carryover of contributions.)1 • Candidates may not personally loan to a candidate’s campaign an amount for which the outstanding balance exceeds $100,000. “Campaign” includes both the primary and general, or special and special runoff, elections. However, a candidate may loan each committee for a different office or term of office up to $100,000. A candidate may not charge interest on any such loan the candidate made to the candidate’s campaign. (See Regulation 18530.8 for more information.) • Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act. (See Regulation 18531.5 for more information.) • A candidate for local office may open a candidate-controlled general purpose ballot measure committee to oppose or support a measure being voted on. The committee must identify on its campaign statements and reports each measure for which an expenditure of $100 or more is made. (See Regulations 18421.8 and 18521.5 for more information.) • Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the el ection, and contributions do not otherwise exceed applicable contribution limits for that election. (See Regulation 18531.64 for more information.) 1 This fact sheet is informational only and contains only highlights of selected provisions of the law. It does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of 1 Regulations, unless otherwise indicated. FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 2 of 8 www.fppc.ca.gov 74 • Candidates are permitted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. If the candidate is defeated in the primary election or otherwise withdraws from the general election, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the general election contributions. (See Regulation 18531.2 for more information.) • Candidates that are currently in office that are running for reelection to the same seat in an election after January 1, 2021 may carry over campaign funds without attribution as mentioned above. Candidates running for a different office also do not need to do LIFO FIFO or attribution for the election immediately subsequent to the election prior to 2021 for which the money was raised. • Candidates must disclose cumulative totals of contributions received or made for each election on campaign statements. (See Regulation 18421.4 for more information.) FAQs A. If a city or county does not currently have contribution limits set within their ordinance would the state contribution limit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place. B. Is there a way for a city or county to adopt “no” contribution limits for city or county elective city and county offices? Yes. A city or county may elect to have “no” contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. If it is explicit that the city or county has implemented “no” contribution limits, the state contribution limit will not apply as a default for that jurisdiction. C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.g., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit. www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 3 of 8 75 D. If a city or county imposes contribution limits, is the Commission responsible for enforcing those limits? No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations. E. If a city or county has voluntary contribution limits, but no mandatory contribution limits will the state limit be applicable? Yes. A city or county must enact mandatory contribution limits to avoid the state limit applying to elective city and county offices. F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices. G. If a city or county has imposed contribution limits for particular city or county offices (e.g., Board of Supervisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city or county? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying. H. Does AB 571 apply to special district or school district elections? No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit. I. Does AB 571 apply to the office of County Superintendent of Schools or the office of County Board of Education? AB 571 does apply to the office of County Superintendent of Schools because it is considered a “county” office. However, the office of County Board of Education is not subject to AB 571 because it’s not considered a “county” position. www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 4 of 8 76 J. Can candidates that are subject to the AB 571 contribution limit open an officeholder committee? No. Officeholder committees are not permitted for candidates subject to the AB 571 contribution limit. However, a candidate may use a committee for the officeholder’s future election for officeholder expenses. A candidate may also use existing funds in the election committee for current office for officeholder expenses. K. Does the AB 571 contribution limit apply to debt retirement for the 2020 election? No. For purposes of retiring debt, the contribution limit is the one that was applicable to that election. The Act did not impose a contribution limit on city and county candidates in 2020. L. If a contribution was received for an election occurring after January 1, 2021, PRIOR to January 1, 2021, does this contribution count towards the new AB 571 contribution limit after January 1, 2021? No. The Commission adopted a formal opinion on April 15, 2021 that states contributions made prior to the effective date of AB 571 are not aggregated with contributions made on or after the effective date of AB 571 for purposes of the new contribution limit. Therefore, if someone contributed up to or above the current limit to an AB 571 committee prior to January 1, 2021 the same person can give additional contributions to the same committee up to the AB 571 contribution limit on or after January 1, 2021. M. If a contributor gave $10,000 in 2020 (prior to the AB 571 limit going into effect) to a committee for a 2022 primary election, what happens? The AB 571 contribution limit does not apply to contributions made prior to January 1, 2021 so a contribution of this amount is permissible. N. Does the AB 571 contribution limit apply to political party committees and small contributor committees making contributions to candidates subject to the AB 571 limit? Yes. Political parties and small contributor committees are only permitted to give contributions to candidates subject to the AB 571 in amounts up to the applicable AB 571 contribution limit for that candidate. O. Does the AB 571 limit apply to county central committee candidates? www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 5 of 8 77 No. AB 571 imposes a contribution limit on city and county elective offices when a local jurisdiction has not already done so. Local jurisdictions are prohibited from placing contribution limits on county central committee candidates; therefore, AB 571 is not applicable to those offices. P. If an election was held in November 2020, but resulted in the need for a run-off election to be held in February 2021, how would the contributions be treated under AB 571? The run-off election is considered a new election. If a contributor gave any amount to an AB 571 candidate for the November 2020 election, the same contributor would still be permitted to contribute up to $4,900 (the AB 571 limit) to the same candidate for the February 2021 run-off election. Q. An AB 571 candidate for city council would like to send out a request for contributions to their constituents. Do they need to include anything specific in the request? Yes. A candidate that is subject to AB 571 must have the following information in the solicitation: the name of the controlled committee soliciting contributions, and the specific office for which those contributions will be used. R. If an AB 571 candidate is the subject of a recall, is their committee to oppose the recall subject to contribution limits? No. There are no contribution limits for a committee controlled by a candidate that is the subject of a recall that is formed to oppose the recall. S. An AB 571 candidate has debts for an election held after January 1, 2021, may the candidate terminate their committee? No. If a candidate-controlled committee has outstanding debts for an election held after January 1, 2021, they may not terminate without resolving or paying off the debt. When the committee has no net debts outstanding, the committee must be terminated within 24 months after the earliest of the date the candidate is defeated, leaves office, or the term of office for which the committee was formed ends, or, for withdrawn candidates no later than 24 months after the election from which the candidate withdrew. Please see Regulation 18404.1 for more on termination requirements for committees subject to AB 571. www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 6 of 8 78 T. If a local jurisdiction, which is subject to AB 571, passes a local campaign contribution ordinance, are the candidates still subject to AB 571? No. They would no longer be subject to AB 571. www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 7 of 8 79 Index of Regulations and Government Codes: FPPC Regulations: 18404.1 18421.4 18421.8 18521 18521.5 18523.1 18530.2 18530.8 18531.2 18531.5 18531.61 18531.63 18531.64 18535 18536 18537.1 18545 18951 Government Code(s): 85301 85303 85304.5 85305 85306 85307 85315 85316 85317 85318 85702.5 www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 8 of 8 80 City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT AGENDA TITLE: DISCUSS SHORT-TERM VACATION RENTAL PROGRAM CURRENT CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT OVERVIEW, AND CURRENT AND FUTURE OBJECTIVES AND INITIATIVES RECOMMENDATION Discuss the Short-Term Vacation Rental program characteristics, compliance and enforcement overview, and current and future objectives and initiatives. EXECUTIVE SUMMARY On May 20, 2021, Section 3.25.055 of the La Quinta Municipal Code (LQMC) established a permanent ban on the issuance of new short-term vacation rental (STVR) permits in residential areas (Permit Ban), unless the property is located within an “exempt” area as specified in Subsection A. No new permits have been issued in Permit Ban areas since August 4, 2020; existing permit-holders may renew permits, but permits cannot be transferred. STVR permits in residential areas have declined by 16.5% since January 2021 due to the Permit Ban and renewal attrition. Several code updates, effectuated on January 15, 2021, which enhanced the STVR program regulations and enforcement policies and fines, have increased overall compliance with the STVR program while decreasing disturbance complaints. FISCAL IMPACT – None BACKGROUND/ANALYSIS The City imposed a moratorium on the issuance of new STVR permits on August 4, 2020 via Executive Order No. 10, and extended it in succeeding amendments. Section 3.25.055 of the LQMC established a permanent Permit Ban on the issuance of new STVR permits in residential areas effective May 20, 2021. Permit-holders may renew existing permits, but permits cannot be transferred. STUDY SESSION ITEM NO. 1 81 Staff has prepared an assessment of the STVR program since January 2021, which includes: Current characteristics, Compliance status, Hosting platforms compliance initiatives, and Noise monitoring devices Phase II pilot. STVR Program Current Characteristics The City’s STVR program consists of 1,181 active permits as of September 2021. Figure 1 The issuance of new STVR permits is banned in residential Permit Ban areas, and no new permits have been issued since August 4, 2020. New permits continue to be issued in a few select “Exempt Areas” zoned for tourist commercial, village commercial, and communities expressly developed to allow STVRs: STVR Exempt Areas Zone Embassy Suites (Casitas Las Rosas) Village Commercial District Homewood Suites (La Quinta Desert Villas) Tourist Commercial (TC) District La Quinta Resort, including Spa and Tennis Villas Within/adjacent to TC District Signature at PGA West TC District Legacy Villas TC District Codorniz Subject to entitlement approval Puerta Azul SilverRock Specific Plan Subject to entitlement approval TC District – Undeveloped 22 64 1,095 69 are Estate Homes (5 bedrooms or more) 0 200 400 600 800 1000 1200 # OF HOMESHARE PERMITS # OF PRIMARY PERMITS # OF GENERAL PERMITS September 2021 STVR Permits by Type = 1,181 82 Table 1 below lists the number of STVR permits for each area along with the total number of approved parcels for 2021. The City’s total STVR permits have gradually declined each month due to the Permit Ban along with attrition related to home sales and non-renewals. STVR PERMITS BY AREA CITYWIDE ‐ 2021  JAN.  FEB. MARCH APRIL MAY  JUNE  JULY  AUG.  SEPT.  PARCELS  North LQ 137  130  124  118  118  115  114  112  112 2,572  Mid LQ 140  135  132  132  130  127  122  122  121 1,023  The Cove 292  282  276  270  268  263  261  259  258 4,711  South LQ (PGA West) 468  453  438  428  420  407  382  379  375 3,040  Permit Ban Area Totals 1,037 1,000 970 948 936 912 879 872 866 11,346  Exempt Areas 269  271  276  283  292  297  299  307  309 911  HOA Restricted  Legacy Permits 14  12  11  7  7  7  7  6  6 9,618  Citywide Totals 1,320 1,283 1,257 1,238 1,235 1,216 1,185 1,185 1,181 21,875  Table 1 Within the residential Permit Ban areas, as of September 2021, active STVR permits have declined 16.5% (from 1,037 to 866) since January 2021: Permit Ban Area Sept. 2021 Permits % Change since Jan 2021 North La Quinta 112 -18.2% Mid La Quinta 121 -13.6% The Cove 258 -11.6% South La Quinta (PGA West) 375 -19.9% Totals 866 -16.5% Figure 2 137 130 124 118 118 115 114 112 112 140 135 132 132 130 127 122 122 121 292 282 276 270 268 263 261 259 258 468 453 438 428 420 407 382 379 375 1,037 1,000 970 948 936 912 879 872 866 0 200 400 600 800 1000 1200 JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 STVR Permits in Banned Areas 16.5% Decline YTD North LQ Mid LQ The Cove South LQ 83 STVR density is calculated as a percentage by dividing the number of permitted STVRs by the number of developed parcels within each area, as listed in Table 1 above. Figure 3 below shows that density in residential Permit Ban areas collectively decreased in 2021 from 9.1% to 7.6%: Figure 3 Within each residential Permit Ban area, density is as follows: Permit Ban Area Sept. 2021 Density % Change since Jan 2021 North La Quinta 4.4% -17.0% Mid La Quinta 11.8% -13.1% The Cove 5.5% -11.3% South La Quinta (PGA West) 12.3% -20.8% Totals 7.6% -16.5% Figure 4 further depicts the gradual density changes for each residential Permit Ban area throughout 2021: Figure 4 9.1% 8.8% 8.5% 8.4%8.2% 8.0% 7.7%7.7%7.6% JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 STVR Density in Permit Ban Areas 5.3%5.1%4.8%4.6% 4.6%4.5%4.4%4.4% 4.4% 13.7%13.2%12.9% 12.9%12.7%12.4%11.9% 11.9%11.8% 6.2%6.0%5.9%5.7%5.7%5.6%5.5%5.5%5.5% 15.4%14.9%14.4%14.1%13.8%13.4%12.6%12.5%12.3% JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 Density in Permit Ban Areas North LQ Mid LQ The Cove South LQ 84 STVR Program Compliance Overview The City’s STVR program consists of several interdependent activities such as permitting, tax collection, and compliance. This section of the Staff Report focuses on specific compliance functions, which include managing complaints, conducting investigations, and enforcement (violations, citations, and suspensions). On January 15, 2021, the City implemented several code changes to enhance the STVR program’s compliance tools, including stricter regulations and increased fines. Subsequently overall compliance has increased while disturbance complaints have decreased. STVR compliance measures are separated into one of two categories: Disturbance – The majority of disturbance compliance activities are due to noise, generally caused by large events or gatherings, children running/screaming/laughing, popping balloons, construction, slamming doors, etc. Other complaints include excessive parking; bright lights; trash; unsecured pool access; unmaintained yard, etc. Administrative – The overwhelming majority of administrative compliance matters are related to operating/advertising without a STVR permit or business license, or failure to display STVR permit on listings. Others include incorrect or missing occupancy limit advertised on listings; failure to report/remit transient occupancy tax, etc. While every complaint is investigated, complaint investigations do not always result in a confirmed violation. Complaints are reported to the City through a variety of channels: Channel Description Hotline calls Typically used to report disturbances City calls & emails General inquiries or to report disturbances City compliance monitoring Staff-generated based on vendor compliance tools/reports GoRequest submissions Typically used to report administrative violations Police reports Disturbance dispatches, some of which are STVR related Security patrol reports Disturbance dispatches, along with ongoing neighborhood patrols to monitor compliance 85 Figures 5 and 6 below, depict citywide STVR complaints since January 2021. Figure 5 categorizes complaints by permitted and unpermitted properties. Of note: Citywide complaints decreased by 25% in the third quarter (July-Sep) compared to the second quarter (April-June); 59.9% of the 294 complaints in the third quarter were for unpermitted STVR properties. Figure 5 *For July, the City addressed 145 adminstrative complaints reported by City vendors; the remaining 43 complaints were disturbances. Figure 6 identifies complaints within each area citywide: Figure 6 93 45 54 64 74 37 69 31 18 47 27 58 56 64 33 119 38 19 140 72 112 120 138 70 188* 69 37 JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 STVR Complaints Citywide Permitted STVRs Unpermitted STVRs 223 7 3 1 19 2522 3 6 0 23 2 1 44 15 33 27 53 20 43 21 5 51 36 33 28 33 14 43 10 15 9 4 6 10 7 6 23 1 5 29 13 35 45 36 29 37 35 9 140 72 112 120 138 70 188 69 37 0 20 40 60 80 100 120 140 160 180 200 JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 STVR Complaints Citywide - by Area North La Quinta Mid La Quinta The Cove South La Quinta Exempt HOAs HOA Retricted Legacy Permits 86 Enforcement Figure 7 below depicts the number of STVR related citations for each month in 2021. Of note, the decrease in disturbance complaints has allowed staff to increase focus on administrative compliance, particularly unpermitted STVR activities and improper advertising: 65% of all 2021 citations were issued to unpermitted STVR properties; 68% of all 2021 citations were issued for administrative matters (as defined earlier in this report – primarily for operating/advertising without a STVR permit or business license, or failure to display STVR permit on listings). Figure 7 Permitted STVRs – Complaints and Enforcement Figures 8 and 9 below, depict the number of reported complaints and enforcement actions against STVR units citywide: 12 8 10 4 14 11 8 5 7 14 6 27 19 17 21 14 5 21 26 14 37 23 31 32 22 10 28 JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 STVR Citations for Permitted & Unpermitted STVRs Permitted Unpermitted 87 Figure 8 Figure 9 includes unpermitted compliance activities for comparison with permitted STVR properties. For the month of September, less than 2% of permitted STVR properties received complaints and were subject to any enforcement action, including zero suspensions, which both reflect the lowest levels for 2021. Figure 9 44 25 26 30 22 18 38 16 11 28 24 21 4 21 14 15 7 11 6 1 3 5 5 2 5 1 0 78 50 50 39 48 34 58 24 22 0 10 20 30 40 50 60 70 80 90 JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 Complaints & Enfocement Actions Citywide Permitted STVRs Complaints Citations/Notices Suspensions 78 50 50 39 48 34 58 24 22 48 25 52 61 55 42 120 52 73 1,320 1,283 1,257 1,238 1,235 1,216 1,185 1,185 1,181 1,100 1,150 1,200 1,250 1,300 1,350 0 20 40 60 80 100 120 140 JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 STVR Reported/Addressed Issues Permitted Properties w/Complaints, Notices, Citations, Suspensions Unpermitted Properties w/Complaints, Notices, Citations Permitted STRs 88 Hosting Platform Compliance The City continues efforts to enforce listing compliance in coordination with the hosting platforms. Upon the City’s request in October 2021, both Airbnb and Vrbo/Expedia delisted or hid all listings that advertised short-term stays without a valid permit. However, this approach requires the City to continuously monitor platform listings for compliance, and it does not prevent or cancel bookings that may have already been transacted prior to delisting. Consequently, the City’s focus and priority is to proactively prevent unauthorized bookings before they are processed by the hosting platforms. Based on a survey of jurisdictions, the most effective approach is for platforms to proactively prevent unpermitted listings from going live. The City’s ongoing efforts are to collaboratively identify the most effective manner for hosting platforms to use STVR permit data to proactively enforce La Quinta's permitting requirements. Noise Monitoring Device Program – Phase II Pilot At the July 20, 2021, City Council meeting, staff provided a report on the findings of the Noise Monitoring Device Phase I Pilot Program conducted from March 15 to June 15, 2021. Per Council’s direction, staff is coordinating a Phase II pilot, which aims to test: A standardized escalation process that sends alerts via SMS texts and auto- generated calls to local contacts and guests to address noise disturbances, and Comprehensive reporting and access to data. The standardized interventions and reporting require integration with third-party vendors and development of additional analytics. Consequently, Phase II is anticipated to launch February 1, 2022, for a 30-day period, at which time the results and findings will be evaluated to determine if an additional 30-day period is required. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. STVR Quarterly Report - Draft 89 90 STVR Permits by Areas 2021AreasJanuary Q-1 Q-2Q-3(Current)Permit Change since JanuaryCurrent DensityNorth La Quinta137 124 115 112 -18.2% 4.4%Mid La Quinta140 132 127 121 -13.6% 11.8%The Cove292 276 263 258 -11.6% 5.5%South La Quinta468 438 407 375 -19.9% 12.3%Permit Ban Area Totals 1,037 970 912 866 -16.5% 7.6%Exempt Areas269 276 297 309 14.9% 33.9%HOA Restricted Legacy 14 11 7 6 -57.6% 0.1%Citywide Totals1,320 1,257 1,216 1,181 -13% 7.1%Current STVR Permit TypesGeneral – 1,027Homeshare – 22General Estate – 69Primary Residence – 64The STVR program consists of several interdependent activities such as permitting, tax collection, and compliance.Compliance functions include managing complaints, conducting investigations, and enforcement (violations, citations, and suspensions).-Active STVR permits in Permit Ban areas have decreased by 16.5% since January 2021.ATTACHMENT 1ATTACHMENT 1 91 9292 934554647437693118 134727585664331193819 221407211212013870188*693735020406080100120140160180200JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21STVR Complaints CitywidePermitted STVRsUnpermitted STVRs22373119235223602321644153327532043215751363328331443101599461076231542913354536293735961407211212013870188693735020406080100120140160180200JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21STVR Complaints Citywide - by AreaNorth La QuintaMid La QuintaThe CoveSouth La QuintaSTVR Exempt AreasHOA LegacyQ‐1Total = 324Permitted = 192Unpermitted = 132Q‐2 Total = 328Permitted = 175Unpermitted = 153Q‐3 Total = 294Permitted = 118Unpermitted = 176*For July, the City addressed 145 administrative complaints reported by City vendors; the remaining 43 complaints were disturbances.‐ Citywide Complaints decreased by 25% in Q‐3 compared to Q‐2‐ 59.9% of the 294 Complaints in Q‐3 werefor unpermittedSTVR properties‐ 65% of all 2021 Citations were issued to unpermitted STVR properties ‐ 68% of all 2021 Citations were issued for administrative matters7850 5039483458242248255261554212052731,3201,2831,2571,2381,2351,2161,1851,1851,1811,1001,1501,2001,2501,3001,350020406080100120140JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21Reported/Addressed IssuesPermitted Properties w/Complaints, Notices, Citations, SuspensionsUnpermitted Properties w/Complaints, Notices, CitationsPermitted STRs12810414118571462719172114521261437233132221028JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21STVR Citations for Permitted & Unpermitted STVRsPermittedUnpermittedQ‐1Total= 77Q‐3 Total = 60Q‐2 Total = 8693 94 94 DESIGN & DEVELOPMENT DEPARTMENTQUARTERLY REPORT3rd Quarter (July - September 2021)THE DESIGN AND DEVELOPMENT DEPARTMENT CONSISTS OF THREE DIVISIONS:BUILDING, THE HUB, AND PLANNING.BUILDING The Building Division administers and issues all residential andcommercial building permit applications, reviews plans (planchecks), and conducts on-site building inspections forcompliance with the La Quinta Municipal Code and CaliforniaBuilding Standards Code.Plan Check Submittals218229186277 170 3890250500Building Inspections Performed8659546801,061 896 1,028 0 1k Building Permit Fees Collected$93k $142k $34k $69k0100k200kPlan Check Fees Collected$33k $75k $54k $82k $23k $106k0100kBuilding Permits Issued160205154229 133 2750250500 Average Building Inspections Per Day404646514348 0 50100 $117k $119k20212020July20212020August 20212020September 20212020July 20212020August 20212020September20212020July20212020August20212020September 20212020 July 20212020 August 20212020 September 20212020 July 20212020 August 20212020 September 20212020July 20212020August 20212020September DEPARTMENTAL REPORT ITEM NO. 5 95 Construction at Talus La Quinta 96 The Hub serves as a one-stop permit center. It is the central location for obtainingpermits for planning, building, engineering, business licenses, short-term vacationrental permits, and special events. The Hub assists customers through thepermitting process - guide applicants, schedule pre-application meetings, collectlicenses and permit fees, schedule inspections, and issue permits. The Hub alsoissues licenses and permits for items such as garage sales, home occupations,HVAC/windows/waterheater/utility change outs pool drains, and re-roofs.Business Licenses Issued196280201290236 1940100200300400Phone Activity3,418 3,621 3,731Jul 2021 Aug 2021 Sep 202102.5k5k Licenses and Permits Issued93109681047296050100150200In-Person/Counter Activity331306 306Jul 2021 Aug 2021 Sep 20210250500Customer Service/AssistanceIncludes all phone calls received by the Concierge,the Hub general line, and all Permit Technicians.Includes all Hub visitors checked in by the Concierge.2020 2021July 20212020August 20212020September 2020 2021July 20212020August 2020 2021September 97 PLANNING The Planning Division administers the zoning and developmentstandards and works with residential and commercial developers,architects, builders, and businesses to ensure that development isconsistent with the La Quinta Zoning Code and General Plan.Planning staff coordinates with the Planning Commission, whichprimary function is to develop and maintain the City’s General Plan,consider development applications, as well as to serve as an advisorybody to the City Council.PermitsIncludes signs, temporary use, minor use, and landscaping plans.Planning ApprovalsMinor Use Permits for cell tower modifications at 78136 Francis Hack Lane, 78788 Highway 111, and79120 Corporate Centre DriveFinal Landscape Plan for landscaping on Adams Street for the Centre projectA 10% adjustment to a front and exterior yard setback for a new patio cover at 53535 Avenida HerreraModification by Applicant for new architectural elevations within the Centre Residential DevelopmentMinor Use Permit for a Sales and Design Center within AndalusiaSign Program Amendment for new signage for existing Stater BrothersMinor Adjustment for a 10% adjustment to setbacks and garage dimensions for a new garage at 51735Avenida HerreraMinor Use Permit for a model site with sales office within Stone Creek developmentFinal Landscape Plan for new Pickleball courts at the La Quinta Country ClubMinor Adjustment for multiple lots within Stone Creek Ranch to decrease front yard setbacksFinal Landscape Plans for front yard typicals within Andalusia Country Club and Cantera.Planning StaffPlanning Permit Applications Submitted621485620202021JulAugSep01020Site Development Permit amendment for design changes for the condominium portion of the Signatureat PGA West ProjectSite Development Permit for The Peak Project, a three story mixed use project within the Village thatconsists of commercial on the ground floor and eight (8) residential units aboveTentative Tract Map to create a condominium map for an existing building at 47120 Dune Palms RoadTentative Tract Map for the Pendry Bungalows map, within the Talus development, for 10 residential lotsPlanning Commission ProjectsIncludes zoning changes, tract maps,site developments, and parcel maps. Planning Project Applications Submitted3291051120202021JulAugSep01020 98 New Businesses atLa Quinta Village Shopping CenterBASIL THAI50855 Washington StreetLOS ARCOS50855 Washington Street GROCERY OUTLET50929 Washington Street 99 100 FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 AUGUST 4, 2021 REGULAR MEETING FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, AUGUST 4, 2021 CALL TO ORDER A regular quarterly meeting of the Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chairperson Mills. This meeting was held by teleconference 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 of the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Commissioners Anderson, Batavick, Campbell, Dorsey, Way, and Chairperson Mills ABSENT: None VACANCY: One STAFF PRESENT: Interim Finance Director Martinez, Financial Services Analyst Hallick, and Management Assistant Delgado. PLEDGE OF ALLEGIANCE Commissioner Batavick led the audience in the Pledge of Allegiance. The Commission welcomed the new Commissioners and all Commissioners shared a brief introduction of their backgrounds and qualifications. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA None CONFIRMATION OF AGENDA Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS None CONSENT CALENDAR ITEMS 1. APPROVE SPECIAL MEETING MINUTES DATED JUNE 2, 2021 REPORTS AND INFORMATIONAL ITEM NO. 30 101 FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 AUGUST 4, 2021 REGULAR MEETING Commissioner Mills requested the following revisions to the June 2, 2021 Special Meeting minutes: Page 3, the first sentence of Paragraph 1 shall read as follows: Chair Mills thanked Commissioners Hunter, Rosen, and Twohey for their dedicated public service and commitment to the Commission, and dedicated service to the community. Page 4, Paragraph 3 shall read as follows: The Commission inquired if the applications submitted to the City by candidates interested in serving on the Commission would be available for review. Motion A motion was made and seconded by Commissioners Batavick/Mills to approve Consent Calendar Item No. 1 as amended. Motion failed due to the lack of a quorum: ayes 2, noes 0, abstain 3, absent 1 (Way). COMMISSIONER WAY JOINED THE MEETING AT 4:19 P.M. 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2021 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2021 Motion A motion was made and seconded by Commissioners Way/Anderson to approve Consent Calendar Items Nos. 2 and 3, as submitted. Motion passed: 6 ayes, 0 noes, 1 vacancy. The Commission expressed general consensus to reconsider Consent Calendar Item No. 1 in accordance with Section 7.3 of Procedure for public meetings adopted on June 2, 2015 via Resolution No. 2015-023. 1.Reconsideration APPROVE SPECIAL MEETING MINUTES DATED JUNE 2, 2021 Motion A motion was made and seconded by Commissioners Batavick/Mills to approve Consent Calendar Item No. 1 as amended by Commissioner Mills and noted above. Motion passed: ayes 5, noes 0, abstain 1 (Campbell), vacancy 1. 102 FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 AUGUST 4, 2021 REGULAR MEETING BUSINESS SESSION 1. APPOINT A FINANCIAL ADVISORY COMMISSIONER CHAIRPERSON AND VICE-CHAIRPERSON TO SERVE FOR FISCAL YEAR 2021/22 Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. The Commission nominated Commissioners Batavick and Mills for Chairperson and Vice-Chairperson. Motion A motion was made and seconded by Commissioners Campbell/Anderson to app Batavick and Mills to serve as Chairperson and Vice-Chairperson, respectively for fiscal year 2021/22. Motion passed: ayes 6, noes 0, vacancy 1. STUDY SESSION None DEPARTMENTAL REPORTS All reports are on file in the finance department 1. FIRST QUARTER 2021 (JANUARY-MARCH) SALES TAX UPDATE FOR THE CITY OF LA QUINTA 2. HIGHWAY 111 FORM BASED CODE AND DESIGN CAPITAL IMPROVEMENT PROJECT (CIP) 2019-05 UPDATE Chair Mills requested an update on the subcommittee projects list (List) previously distributed to the Commission. Staff provided a verbal update on which subcommittees/projects would be taking place in the next few months and said they would provide the Commission with an updated List by the next Commission meeting. Chair Mills said that on July 15, 2021, Commissioner Batavick and himself met with City Staff to discuss some of the following items: roles and responsibilities of the Commissioners, commission meetings, preparation of meeting agendas, Commission subcommittees, and board and commission terms. Chair Mills inquired about the recruitment for a new Finance Director. Interim Finance Director Martinez said she is currently the acting Finance Director and Rosemary Hallick is the Interim Accounting Manager. Staff said that the Human Resources (HR) Department had recently executed an agreement with a 103 FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 AUGUST 4, 2021 REGULAR MEETING consultant to assist with this executive recruitment; meet with consultant and finalize timeline for the recruitment process; and Interim Finance Director Martinez, Interim Accounting Manager Hallick and Finance staff are covering the increased job responsibilities until the vacancy is filled. Commissioner Batavick inquired on status for in person commission meetings. Staff said the City continues to stay updated following Riverside County recommendations and that due to the current COVID-19 variants circulating, virtual Commission meetings will continue. Staff also mentioned that the City is working on the coordination of the location, new set up process for boards and commission public meetings, and that they would let the Commission know in advance when staff is directed to have in-person commission meetings. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Mills/Dorsey to adjourn this meeting at 5:24 p.m. Motion passed: ayes 6, noes 0, vacancy 1. Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California 104 FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 3 OCTOBER 6, 2021 SPECIAL MEETING FINANCIAL ADVISORY COMMISSION SPECIAL MEETING MINUTES WEDNESDAY, OCTOBER 6, 2021 CALL TO ORDER A special meeting of the Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chair Batavick. This meeting was held by teleconference 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: Commissioners Anderson, Campbell, Mills, Way, and Chairperson Batavick ABSENT: Commissioner Dorsey VACANCY: One STAFF PRESENT: Interim Finance Director Martinez, Financial Services Analyst Hallick, and Management Assistant Delgado PLEDGE OF ALLEGIANCE Commissioner Campbell led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA None CONFIRMATION OF AGENDA Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS None CONSENT CALENDAR ITEMS 1. RECEIVE AND FILE THE FOURTH QUARTER FISCAL YEAR 2020/21 TREASURY REPORTS FOR APRIL, MAY, AND JUNE 2021 REPORTS AND INFORMATIONAL ITEM NO. 31 105 FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 3 OCTOBER 6, 2021 SPECIAL MEETING Motion A motion was made and seconded by Commissioners Mills/Way to approve the Consent Calendar, as submitted. Motion passed: ayes 5, noes 0, absent 1 (Dorsey), vacancy 1. BUSINESS SESSION 1. APPOINT TWO FINANCIAL ADVISORY COMMISSIONERS TO AUDIT AND FORMULATE THE ANNUAL MEASURE G COMPLIANCE REPORT FOR FISCAL YEAR 2020/21 Interim Finance Director Martinez presented the staff report, which is on file in the Finance Department. Chair Batavick shared background on review process and his experience of auditing and formulating the annual Measure G compliance report from prior fiscal years. Commissioner Anderson, Campbell, and Way expressed their willingness to audit and formulate the annual Measure G compliance report for fiscal year 2020/21. Motion A motion was made and seconded by Commissioners Mills/Campbell to appoint Commissioners Anderson, Campbell, and Way to audit and formulate the annual Measure G compliance report for fiscal year 2020/21. Motion passed: ayes 5, noes 0, absent 1 (Dorsey), vacancy 1. STUDY SESSION None DEPARTMENTAL REPORTS 1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES Interim Finance Director Martinez presented the staff report, which is on file in the Finance Department. Chair Batavick inquired if any upcoming items for review would require a request for proposal (RFP). Interim Finance Director Martinez said once the recruitment for a Finance Director is completed staff would circle back with the Commission if any upcoming items would require an RFP. The Commission inquired on the type of investments made by the City. Financial Services Analyst Hallick said that all investments are federal deposit insured and/or credit union insured and welcomed the Commissioners to send a listing of what investments they would like more detailed information on to address any concerns. 106 FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 3 OCTOBER 6, 2021 SPECIAL MEETING The Commission and staff discussed process and timeline for recruitment for the Finance Director position. Commissioner Way inquired on when the Commission would be able to meet in person. Staff said with the recent COVID-19 exposure at the joint Council and Planning Commission meeting on Tuesday, September 28, 2021, staff currently awaits direction on when in person Commission meetings would take place as well as the City continues to follow recommendations from the county and state. Chair Mills asked for update on the vacant seat for the Commission. Staff replied one application has been received, application deadline is October 11, and that interviews are scheduled to take place at the Council meeting on Tuesday, October 19. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Mills/Campbell to adjourn this meeting at 4:32 p.m. Motion passed: ayes 5, noes 0, absent 1 (Dorsey), vacancy 1. Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California 107 108 POWER POINTS CITY COUNCIL MEETING DECEMBER 7, 2021 12/08/2021 1 City Council Meeting December 7, 2021 Pledge of Allegiance 1 2 12/08/2021 2 Public Comment - Teleconference Join virtually via Zoom https://us06web.zoom.us/j/813 25311999 Meeting ID: 813 2531 1999 “Raise Hand” to speak Limit Comments to 3 minutes Public Comment - Teleconference Join virtually via Zoom by phone: (253) 215 - 8782 Meeting ID: 813 2531 1999 *9 = Raise Hand *6 = Unmute Limit Comments to 3 minutes 3 4 12/08/2021 3 Public Comment – Raise Hand Public Comment – Raise Hand 5 6 12/08/2021 4 Public Comment Via Teleconference In Progress https://us06web.zoom.us/j/81325311999 Meeting ID: 813 2531 1999 Telephone: (253) 215-8782 “Raise Hand” to request to speak Limit Comments to 3 minutes *9 = Raise Hand; *6 = Unmute City Council Meeting December 7, 2021 Presentations 7 8 12/08/2021 5 Classified City Council Meeting December 7, 2021 B2 – Campaign Contribution Limits 9 10 12/08/2021 6 Background •California Political Reform Act (1974) regulates campaign finance, lobbying activity, and conflict of interest •FPPC responsible to administer and enforce the Act •Assembly Bill 571 – effective January 1, 2021 •State campaign contribution limits & related regulations apply to cities and counties •Cities & counties have authority to impose their own campaign contribution limits & related regulations •City currently defaults to State regulations State Limits for 2021-2022 These provisions do not apply to a candidate’s contributions of the candidate’s personal funds to the candidate’s own campaign 11 12 12/08/2021 7 Along with the campaign contribution limit, the FPPC has determined that other provisions that formerly applied only to state candidates, now apply to city and county candidates: •New committees and bank account for every election •Non-surplus campaign fund transfers •Contributions after the election Adopt Resolution to establish City regulations •Default to State campaign contribution limits •Allow redesignation of committees and related bank accounts for municipal elections •Allow carry over of non-surplus campaign funds for municipal elections •Compliance enforcement pursuant to Title 1 of the LQMC •In all other aspects, the Act and FPPC Regulations remain applicable 13 14 12/08/2021 8 QUESTIONS Classified 15 16 12/08/2021 9 City Council Meeting December 7, 2021 S1 – STVR Program Update •Current characteristics •Compliance status •Hosting platforms compliance initiatives •Noise monitoring devices Phase II pilot STVR Program – 2021 Overview 17 18 12/08/2021 10 •Moratorium – Aug. 4, 2020 to Jun. 1, 2021 via Executive Order No. 10 & succeeding amendments •Permanent Ban – May 20, 2021 – LQMC Section 3.25.055 •Existing permits can be renewed, but cannot be transferred •Code updates – January 15, 2021 – enhanced regulations, enforcement, and fines Background Active STVR Permits 22 64 1,095 69 are Estate Homes (5 bedrooms or more) 0 200 400 600 800 1000 1200 # OF HOMESHARE PERMITS # OF PRIMARY PERMITS # OF GENERAL PERMITS September 2021 STVR Permits by Type = 1,181 19 20 12/08/2021 11 Active STVR Permits STVR PERMITS BY AREA CITYWIDE - 2021 JAN. FEB. MARCH APR. MAY JUNE JULY AUG. SEPT. PARCELS North LQ 137 130 124 118 118 115 114 112 112 2,572 Mid LQ 140 135 132 132 130 127 122 122 121 1,023 The Cove 292 282 276 270 268 263 261 259 258 4,711 South LQ (PGA West)468 453 438 428 420 407 382 379 375 3,040 Permit Ban Area Totals 1,037 1,000 970 948 936 912 879 872 866 11,346 Exempt Areas 269 271 276 283 292 297 299 307 309 911 HOA Restricted Legacy Permits 14 12 11 7 7 7 7 6 6 9,618 Citywide Totals 1,320 1,283 1,257 1,238 1,235 1,216 1,185 1,185 1,181 21,875 Exempt Areas AREA ZONING Embassy Suites (Casitas Las Rosas) Village Commercial District Homewood Suites (La Quinta Desert Villas)Tourist Commercial (TC) District La Quinta Resort, including Spa and Tennis Villas Within/adjacent to TC District Signature at PGA West TC District Legacy Villas TC District Codorniz Subject to entitlement approval Puerta Azul Subject to entitlement approval SilverRock Specific Plan TC District – Undeveloped 21 22 12/08/2021 12 Permit Ban Areas Permit Ban Area Sept. 2021 Permits % Change since Jan 2021 North La Quinta 112 -18.2% Mid La Quinta 121 -13.6% The Cove 258 -11.6% South La Quinta (PGA West)375 -19.9% Totals: 866 -16.5% 137 130 124 118 118 115 114 112 112 140 135 132 132 130 127 122 122 121 292 282 276 270 268 263 261 259 258 468 453 438 428 420 407 382 379 375 1037 1000 970 948 936 912 879 872 866 0 200 400 600 800 1000 1200 JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 STVR Permits in Banned Areas 16.5% Decline YTD 2021 North LQ Mid LQ The Cove South LQ STVR Density – Permit Ban Areas 9.1% 8.8% 8.5%8.4%8.2% 8.0% 7.7%7.7%7.6% JAN-21 FEB-21 MAR-21 APRI-21 MAY-21 JUN-21 JUL-21 AUG-21 SEP-21 STVR Density in Permit Ban Areas Figure 3 shows that density in Permit Ban areas collectively decreased from 9.1% to 7.6% during 2021. 23 24 12/08/2021 13 STVR Density – Permit Ban Areas 5.3%5.1%4.8%4.6% 4.6%4.5%4.4%4.4% 4.4% 13.7%13.2%12.9% 12.9%12.7%12.4%11.9% 11.9%11.8% 6.2%6.0%5.9%5.7%5.7%5.6%5.5%5.5%5.5% 15.4%14.9%14.4%14.1%13.8%13.4%12.6%12.5%12.3% JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 Density in Permit Ban Areas North LQ Mid LQ The Cove South LQ Permit Ban Area Sept. 2021 Density % Change since Jan 2021 North La Quinta 4.4% -17.0% Mid La Quinta 11.8% -13.1% The Cove 5.5% -11.3% South La Quinta (PGA West)12.3% -20.8% Totals: 7.6% -16.5% Compliance Overview STVR Program: Compliance: 1) Permitting; 1) Managing complaints; 2) Tax collection; 2) Conducting investigations 3) Compliance 3) Enforcement Code updates – Jan. 15, 2021 – enhanced regulations, enforcement, and fines 25 26 12/08/2021 14 Compliance Overview STVR compliance measures – 2 categories: •Disturbance – due to noise, generally caused by large events or gatherings, children running/ screaming/laughing, popping balloons, construction, slamming doors; excessive parking, bright lights, trash, unmaintained yard, etc. •Administrative – operating/advertising without STVR permit or business license, failure to display permit on listing, incorrect or missing occupancy limit advertised, failure to report TOT, etc. STVR Complaints Citywide - Citywide complaints decreased by 25% in Q-3 from Q-2 - 60% of the 294 complaints in Q-3 were for unpermitted properties 93 45 54 64 74 37 69 31 18 47 27 58 56 64 33 119 38 19 140 72 112 120 138 70 188* 69 37 JAN-21 FEB-21 MAR-21 APRI-21 MAY-21 JUN-21 JUL-21 AUG-21 SEP-21 STVR Complaints Citywide Permitted vs. Unpermitted Properties Permitted STVRs Unpermitted STVRs Q-2 = 328 Q-3 = 294Q-1 = 324 27 28 12/08/2021 15 Enforcement - Citywide - 65% of 2021 citation were issued to unpermitted STVR properties - 68% of 2021 citations were issued for Administrative matters 12 8 10 4 14 11 8 5 7 14 6 27 19 17 21 14 5 21 26 14 37 23 31 32 22 10 28 JAN-21 FEB-21 MAR-21 APR-21 MAY-21 JUN-21 JUL-21 AUG-21 SEP-21 STVR Citations for Permitted & Unpermitted STVRs Permitted Unpermitted STVR Compliance - Permitted vs. Unpermitted - Compliance activity for Permitted properties decreased by 32% in Q-2 & an additional 14% in Q-3 - For Sept. 2021 – less than 2% of permitted STVR properties received complaints & were subject to any enforcement action 78 50 50 39 48 34 58 24 22 48 25 52 61 55 42 120 52 73 1,320 1,283 1,257 1,238 1,235 1,216 1,185 1,185 1,181 1,100 1,150 1,200 1,250 1,300 1,350 0 20 40 60 80 100 120 140 JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 STVR Reported/Addressed Issues Permitted Properties w/Complaints, Notices, Citations, Suspensions Unpermitted Properties w/Complaints, Notices, Citations Permitted STRs Q-2 = 121 Permitted Properties Total Q-3 = 104 Permitted Properties Total Q-1 = 178 Permitted Properties Total 29 30 12/08/2021 16 Hosting Platforms •October 2021 – removal of unpermitted ads •Ongoing weekly removal of unpermitted ads •Two-factor authentication •Monitoring of City portal Noise Monitoring Device Program Phase II Pilot •NoiseAware & Minut have agreed to participate •February 1, 2022 – 30/60 day period •Test indoor & outdoor devices •Test standardization of escalation process –SMS within 10/15 min. to guest & host –Auto call within 10/15 min. to guest & host •Comprehensive reports •Access to data 31 32 12/08/2021 17 QUESTIONS Classified 33 34 12/08/2021 18 OPEN HOUSE IN PROGRESS 5:30 PM – 6:30 PM Special Joint City City Council & Planning Commission Meeting December 7, 2021 35 36 12/08/2021 19 Special Joint City City Council & Planning Commission Meeting December 7, 2021 S1 – Discuss Highway 111 Planning Implementation Efforts Introduction The Highway 111 Vision seeks to address connectivity, pedestrian- and bicycle-friendliness, transit, green infrastructure, economic development, and retrofitting of the existing suburban fabric. 37 38 12/08/2021 20 Planning Efforts Contract adopted in Sept 2020 to further implement the Vision, consisting of four phases: 1. Form Based Zoning Code Assessment and Sample Code Completed 2. Corridor Roadway Design Concept In progress 3. Engineered Plans, Specs and Estimates Not yet initiated 4. Highway 111 Form Based Zoning Code Not yet initiated 39 40 12/08/2021 21 Phase 2 Update Purpose: •Develop Engineered Design Concept to Fulfill 2019 Highway 111 Vision •Expand Transportation Role of Corridor –Regional Gateway to La Quinta –Active Transportation Corridor •Anticipate Economic Role of Corridor –Establish Plan for Backbone Infrastructure –Consider Changing Development Trends 2019  Vision Plan Phase 2 Update Approach: •Build on Highway 111 Vision Concepts •Technical Analysis (Inform Design / CEQA) •Consider Constructability (Survey, Utilities, ROW) •Consider Implementation & Funding –Phasing & Land Development –Leverage Programmed Projects & Grant Eligibility 2019  Vision Plan 41 42 12/08/2021 22 Phase 2 Analysis •Big Data to Simulate pre-Covid Conditions •Mostly LOS D or better, even during peak hours •Bike LTS is poor •Crash Analysis by Segment and intersection •25% of City crashes are on Hwy 111 (40% fatal) •Data reinforces need to lower speeds and protect pedestrians Phase 2 Alternatives -Option 1 Selected for Hwy 111 - Road Diet on Adams Street - Intersection Options 43 44 12/08/2021 23 Phase 2 Plan View •Connections to CV Link •Cultural Trail •Internal Streets •Adams Street DRAFT DRAFT CONCEPT UNDER  CONSIDERATION DRAFT 45 46 12/08/2021 24 Phase 4 Scope Revision Highway 111 Specific Plan •Builds on Sample FBC (Phase 1) •Includes Key Steps to Ground Plan in Market Realities •Streamlines Regulatory Actions •Enables CEQA Document to Include Streets and Land Development Phase 4 Scope Revision Original Scope (Form Based Code) Revised Scope (Specific Plan) Objective Code Objective Code Specific Plan Repeals Specific Plan Repeals & Replacement Stakeholder Engagement & Site Tour Market Demand Analysis Buildout Land Use Map & Yield Table 3D Development Models & Site Work CEQA Clearance (previously Phase 3) Unified Plan for Streets and Land Use 47 48 12/08/2021 25 Approach Implementation of Vision Plan •Phase 2 & 3 Refinement of Vision for Streets with Engineered Plans •Phase 1 & 4 Refinement of Vision with Realistic Development Plan Approach 1. Repeal Individual Specific Plans •Assess Specific Plans and integrate effective standards •Remove standards that are no longer effective 49 50 12/08/2021 26 Approach 2. Develop La Quinta “Highway 111 Code” •Introduce Form-Based Code Elements •Ensures market-ready development block pattern with desired street network and frontages •Incentivize public realm creation and amenities Scope Refinements 1. Realistic Development Scenario •Prepare Market Demand Analysis •Property Owner & Developer Input •Identify Catalyst Projects 51 52 12/08/2021 27 Scope Refinements 2. Property Owner Involvement •Do not duplicate “visioning”. Seek stakeholder “champions” and obtain critical buy-in •One-on-one meetings with Development Community & Property Owners •Public Study Sessions and Hearings Scope Refinements 3. Build Out Plan (Similar to Village Build Out Plan) •Based on market analysis, site tour, property owners, opportunities & constraints •Quantify potential dwelling units, jobs, and square footages •Analyze & Cost Buildout Infrastructure Needs •Informs Future Entitlements 53 54 12/08/2021 28 Scope Refinements 4. Environmental Analysis •Corridor Buildout Analysis to include Land Development and Roadway Concept •Complete CEQA Technical Studies for IS/MND (including VMT) •CEQA Streamlining for Consistent Projects Discussion 55 56 12/08/2021 29 Phase 2 Update 57 58 12/08/2021 30 Phase 2 Update Phase 2 Update 59 60 12/08/2021 31 Special Joint City City Council & Planning Commission Meeting December 7, 2021 S1 – Discuss Highway 111 Planning Implementation Efforts Introduction The Highway 111 Vision seeks to address connectivity, pedestrian- and bicycle-friendliness, transit, green infrastructure, economic development, and retrofitting of the existing suburban fabric. 61 62 12/08/2021 32 Planning Efforts Contract adopted in Sept 2020 to further implement the Vision, consisting of four phases: 1. Form Based Zoning Code Assessment and Sample Code Completed 2. Corridor Roadway Design Concept In progress 3. Engineered Plans, Specs and Estimates Not yet initiated 4. Highway 111 Form Based Zoning Code Not yet initiated 63 64 12/08/2021 33 Phase 2 Update Purpose: •Develop Engineered Design Concept to Fulfill 2019 Highway 111 Vision •Expand Transportation Role of Corridor –Regional Gateway to La Quinta –Active Transportation Corridor •Anticipate Economic Role of Corridor –Establish Plan for Backbone Infrastructure –Consider Changing Development Trends 2019  Vision Plan Phase 2 Update Approach: •Build on Highway 111 Vision Concepts •Technical Analysis (Inform Design / CEQA) •Consider Constructability (Survey, Utilities, ROW) •Consider Implementation & Funding –Phasing & Land Development –Leverage Programmed Projects & Grant Eligibility 2019  Vision Plan 65 66 12/08/2021 34 Phase 2 Analysis •Big Data to Simulate pre-Covid Conditions •Mostly LOS D or better, even during peak hours •Bike LTS is poor •Crash Analysis by Segment and intersection •25% of City crashes are on Hwy 111 (40% fatal) •Data reinforces need to lower speeds and protect pedestrians Phase 2 Alternatives -Option 1 Selected for Hwy 111 - Road Diet on Adams Street - Intersection Options 67 68 12/08/2021 35 Phase 2 Plan View •Connections to CV Link •Cultural Trail •Internal Streets •Adams Street DRAFT DRAFT CONCEPT UNDER  CONSIDERATION DRAFT 69 70 12/08/2021 36 Phase 4 Scope Revision Highway 111 Specific Plan •Builds on Sample FBC (Phase 1) •Includes Key Steps to Ground Plan in Market Realities •Streamlines Regulatory Actions •Enables CEQA Document to Include Streets and Land Development Phase 4 Scope Revision Original Scope (Form Based Code) Revised Scope (Specific Plan) Objective Code Objective Code Specific Plan Repeals Specific Plan Repeals & Replacement Stakeholder Engagement & Site Tour Market Demand Analysis Buildout Land Use Map & Yield Table 3D Development Models & Site Work CEQA Clearance (previously Phase 3) Unified Plan for Streets and Land Use 71 72 12/08/2021 37 Approach Implementation of Vision Plan •Phase 2 & 3 Refinement of Vision for Streets with Engineered Plans •Phase 1 & 4 Refinement of Vision with Realistic Development Plan Approach 1. Repeal Individual Specific Plans •Assess Specific Plans and integrate effective standards •Remove standards that are no longer effective 73 74 12/08/2021 38 Approach 2. Develop La Quinta “Highway 111 Code” •Introduce Form-Based Code Elements •Ensures market-ready development block pattern with desired street network and frontages •Incentivize public realm creation and amenities Scope Refinements 1. Realistic Development Scenario •Prepare Market Demand Analysis •Property Owner & Developer Input •Identify Catalyst Projects 75 76 12/08/2021 39 Scope Refinements 2. Property Owner Involvement •Do not duplicate “visioning”. Seek stakeholder “champions” and obtain critical buy-in •One-on-one meetings with Development Community & Property Owners •Public Study Sessions and Hearings Scope Refinements 3. Build Out Plan (Similar to Village Build Out Plan) •Based on market analysis, site tour, property owners, opportunities & constraints •Quantify potential dwelling units, jobs, and square footages •Analyze & Cost Buildout Infrastructure Needs •Informs Future Entitlements 77 78 12/08/2021 40 Scope Refinements 4. Environmental Analysis •Corridor Buildout Analysis to include Land Development and Roadway Concept •Complete CEQA Technical Studies for IS/MND (including VMT) •CEQA Streamlining for Consistent Projects Discussion 79 80 12/08/2021 41 Phase 2 Update 81 82 12/08/2021 42 Phase 2 Update Phase 2 Update 83 84 12/08/2021 43 85 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING DECEMBER 7, 2021 1 From:Brad Anderson Sent:Tuesday, December 7, 2021 2:36 PM To:City Clerk Mail Subject:"Written Comments" for the La Quinta City Council meeting - 12/7/2021 - 4:PM  EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening  attachments, clicking links or responding to requests for information.    December 7, 2021   City of La Quinta   78475 Calle Tampico   La Quinta,  California   Attn: Clerk of the Board/City Council   Re:  Written letter to be entered in to the Public record and made available to the general public for the scheduled La  Quinta City Council meeting scheduled for December 7, 2021 ‐ Agenda Item: 3 of the Consent Calendar  (Submited in accordance with California AB361)  Dear La Quinta City Council,   Please discontinue the implementation of resolution no. 2021‐035 (AB361)   As your aware the City of La Quinta has abused the good intentions of California's AB361 by having a City Council  member participate in Public meetings by teleconference while traveling out of the Citys boundaries (Out of State) for  "family business".  Best practices would of been to adhere to well established California State law and abide by the  "Brown Act" requirements.   The La Quinta City Council took unusual actions to call a special meeting and scheduled it only minutes before a regular  schedule City Council meeting to implement AB361 (clearly out of the scope of proper procedures for special meeting)  A  City Council member made verbal remarks that said such actions were necessary to not be illegal? And the Citys legal  counsel also made misleading statements that AB361 was needed to be implemented due to other State mandates  expiring on certain dates.  The "Social distancing" narrative have been "debunked" in it's original unverified distance requirements (which are not  mentioned in the Citys resolution?) The City Council (City Manager) could easily locate and secure event venues to  conduct City related business (Public meetings) which would insure safely (Health and welfare) of all attendees.   Please be advised that the scheduled "Open House ‐ Meet & Greet" planned for December 7, 2021 from 5:30 to 6 30PM  in City buildings clearly show the City Council's willingness to disregard what's inconvenient, and shows "No" fear of  "Imminent Risk" that was falsely accused as "Findings" to continue the Implementation of the Citys missuse of  California's AB361.  California's "Brown Act" are seen as safeguards against Government abilities to deny Public transparency of it's  operations. City officials should be held accountable and accessible to Resident's during "Open Public meetings" ‐ the  potential of widespread corruption have only Increased by certain aspects of AB361 ‐ And Best Practices would be "NOT"  to impediment California's New law (AB361)  Sincerely,   CITY COUNCIL MEETING - DECEMBER 7, 2021 - WRITTEN COMMENTS BY BRAD ANDERSON, RANCHO MIRAGE MATTERS ON THE AGENDA - CONSENT CALENDAR ITEM NO. 3 RELATED TO AB 361 2   Brad Anderson | Rancho Mirage,  CA |            CITY COUNCIL MEETING - DECEMBER 7, 2021 - WRITTEN COMMENTS BY BRAD ANDERSON, RANCHO MIRAGE MATTERS ON THE AGENDA - CONSENT CALENDAR ITEM NO. 3 RELATED TO AB 361