2019 09 17 CC MinutesCITY COUNCIL MINUTES Page 1 of 16 SEPTEMBER 17, 2019
CITY COUNCIL
MINUTES
TUESDAY, SEPTEMBER 17, 2019
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m.
by Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA
City Manager McMillen requested to introduce new City Staff under the
Announcements, Presentations, and Written Communications section of the
meeting.
Mayor Evans requested to add a presentation by Martin Arredondo regarding the
City’s recognition award for most units of blood collected overall during
LifeStream’s 2019 Nine Cities Blood Drive Challenge.
Councilmember Radi requested to comment on Consent Calendar Item Nos. 2,
3, 4, and 5; and to pull Consent Calendar Item No. 9 for a separate vote.
Councilmember Peña said he will recuse himself from discussion and vote on
Consent Calendar Item No. 10 due to potential conflict of interest stemming from
the proximity of the project to real property he owns.
City Clerk Radeva said:
Consent Calendar Item No. 3 – a typo was corrected in the staff report to
correctly reflect the year for the training is 2020, and not 2019; and
Public Hearing Item No. 2 – the City received correspondence from
Palmieri Tyler Attorneys at Law on behalf of their client and property
owner, DWCG1, LLC, of one of the properties under consideration.
Council concurred.
CITY COUNCIL MINUTES Page 2 of 16 SEPTEMBER 17, 2019
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF
GOVERNMENT CODE SECTION 54956.9; NAME OF CASE:
WASHINGTON-111, LTD., CLAIMANT, V. CITY OF LA QUINTA,
RESPONDENT, JUDICATE WEST ALTERNATIVE DISPUTE
RESOLUTION CASE NO. A257070.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT
CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT
CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF COMMUNITY
RESOURCES; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES’ ASSOCIATION.
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND
MOVED INTO CLOSED SESSION AT 3:04 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City 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 Radi led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Kathy Kronemeyer, La Quinta – thanked Council for
expanding the water aerobics program at the City’s community pool at Fritz
Burns park by adding classes and approving year-round pool operations; said
Desert Recreation District is doing a great job managing the pool operations,
CITY COUNCIL MINUTES Page 3 of 16 SEPTEMBER 17, 2019
and truly listens to the residents’ requests and recommendations regarding
programming needs; and recommended that the year-round operation and new
programming be better advertised to inform the community of the changes, and
suggested enhancing lighting at the facility.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. added by City Manager McMillen >>> INTRODUCE NEW CITY STAFF
City Manager McMillen introduced Management Specialist Doug Kinley III with
the City Manager’s Office; Mr. Kinley spoke about his education, past
professional experience, and career goals.
2. renumbered >>> LEADERSHIP INVESMENT KNOWLEDGE SHARING
(LINKS) – CITY OF LA QUINTA ACADEMY RECOGNITION
Mayor Evans explained the City’s LINKS program, and jointly with
Councilmembers presented the following City employees with a certificate of
completion in the program:
Employee Name Department
Alfred Berumen, Management Analyst Facilities
Michael Calderon, Management Assistant Community Resources
Gerald Duchene, Code Officer I Community Resources
Angela Ferreira, Management Analyst City Manager’s Office
Tania Flores, Management Assistant City Clerk’s Office
Scott Hamilton, Traffic Operations Analyst Design and Development
Julie Mignogna, Management Analyst Design and Development
Monika Radeva, City Clerk City Clerk’s Office
Benjamin Tellez, Maintenance Worker I Facilities
3. renumbered >>> PROCLAMATION IN RECOGNITION OF
CONSTITUTION WEEK – SEPTEMBER 17-23, 2019,
COMMEMORATING THE SIGNING OF THE U. S. CONSTITUTION
Mayor Evans and Councilmembers presented Chapter Regent Norma Burton, and
Members Rosemary Hallick and Meredith Bettencourt with the National Society
Daughters of American Revolution with a proclamation in recognition of
Constitution Week celebrating and commemorating the 232nd anniversary of the
signing of the U.S. Constitution.
4. added by Mayor Evans >>> LIFESTREAM BLOOD BANK – NINE CITIES
BLOOD CHALLENGE RECOGNITION FOR THE MOST UNITS
COLLECTED BY MARTIN ARREDONDO
CITY COUNCIL MINUTES Page 4 of 16 SEPTEMBER 17, 2019
Mayor Evans said on July 27, 2019, the City of La Quinta held a blood drive at
the Wellness Center as part of the City’s participation in the LifeStream’s 2019
Nine Cities Blood Drive Challenge; La Quinta collected the most units overall
(115 units) during the month of July.
Regional Development Coordinator Martin Arredondo with LifeStream Blood
Bank spoke about the great need and importance for blood donations; and
presented Council with a plaque recognizing La Quinta’s contribution and
collecting the most units overall.
Realtor Stephanie West with Keller Williams Realty said the blood donation drive
challenge the organization held on July 31, 2019, had a great turn-out; another
such event will be held on October 28, 2019; commended and thanked everyone
who supported and participated in the event; and encouraged the community to
continue to give the gift of life at mobile drives or donor centers.
CONSENT CALENDAR
1. APPROVE MINUTES OF AUGUST 6, 2019
2. AUTHORIZE OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR
AND TWO FINANCE DEPARTMENT EMPLOYEES TO ATTEND THE
CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS
(CSMFO) CONFERENCE IN ANAHEIM, CALIFORNIA, JANUARY 28 –
31, 2020
3. AUTHORIZE OVERNIGHT TRAVEL FOR ACCOUNTANT TECHNICIAN
TO ATTEND THE CALIFORNIA ASSOCIATION OF PUBLIC
PROCUREMENT OFFICIALS (CAPPO) ANNUAL CONFERENCE IN SAN
DIEGO, CALIFORNIA, FEBRUARY 17 – 21, 2020
4. AUTHORIZE OVERNIGHT TRAVEL FOR THE COMMUNITY
RESOURCES DIRECTOR TO ATTEND THE CALIFORNIA PUBLIC
EMPLOYERS LABOR RELATIONS ASSOCIATION TRAINING
CONFERENCE IN MONTEREY, CALIFORNIA, NOVEMBER 19 – 22,
2019
5. AUTHORIZE OVERNIGHT TRAVEL FOR FACILITIES MAINTENANCE
WORKER I TO ATTEND THE INTERNATIONAL MUNICIPAL SIGNAL
ASSOCIATION COURSE IN ONTARIO, CALIFORNIA, NOVEMBER 4 –
7, 2019
6. EXCUSE ABSENCES FOR PLANNING COMMISSIONERS McCUNE AND
PROCTOR FROM THE SEPTEMBER 24, 2019 MEETING, AND
CITY COUNCIL MINUTES Page 5 of 16 SEPTEMBER 17, 2019
PLANNING COMMISSIONER CALDWELL FROM THE OCTOBER 8,
2019 MEETING
7. ADOPT RESOLUTION TO AUTHORIZE THE ADOPTION OF
CALTRANS’ LOCAL ASSISTANCE PROCEDURES MANUAL CHAPTER
10 [RESOLUTION NO. 2019-034]
8. ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO COMPLETE
ON-SITE IMPROVEMENTS FOR THE CAPISTRANO RESIDENTIAL
DEVELOPMENT (TRACT MAP NO. 31910) LOCATED ON THE WEST
SIDE OF MONROE STREET APPROXIMATELY 1,300 FEET NORTH OF
AVENUE 58 [RESOLUTION NO. 2019-035]
9. pulled for a separate vote by Councilmember Radi >>> ADOPT
RESOLUTION TO APPROVE TIME EXTENSION TO COMPLETE ON-
SITE IMPROVEMENTS FOR GRIFFIN RANCH RESIDENTIAL
DEVELOPMENT (TRACT MAP NO. 32879) LOCATED AT THE
SOUTHEAST CORNER OF AVENUE 54 AND MADISON STREET
[RESOLUTION NO. 2019-036]
10. pulled for a separate vote by Councilmember Pena >>> APPROPRIATE
FUNDS, APPROVE PLANS, SPECIFICATIONS, ENGINEER’S
ESTIMATE, AND ADVERTISE FOR BID THE FRITZ BURNS PARK
SIDEWALK AND PARKING PROJECT LOCATED ON THE NORTH SIDE
OF FRANCIS HACK LANE ALONG THE SKATE PARK (PROJECT NO.
2017-22)
11. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED
WITH THE MONTERRA RESIDENTIAL DEVELOPMENT (TRACT MAP
NO. 32742 LOCATED ON MONROE STREET BETWEEN AVENUE 54
AND AIRPORT BOULEVARD
12. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH CASC
ENGINEERING AND CONSULTING FOR ON-CALL STORMWATER
COMPLIANCE INSPECTION SERVICES
13. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ST.
FRANCIS ELECTRIC FOR ON-CALL TRAFFIC SIGNAL REPAIR
SERVICES
14. APPROVE DEMAND REGISTERS DATED AUGUST 2, 9, 16, 23, AND
30, 2019
CITY COUNCIL MINUTES Page 6 of 16 SEPTEMBER 17, 2019
15. RECEIVE AND FILE FOURTH QUARTER 2018/19 TREASURY
REPORTS FOR APRIL, MAY, AND JUNE 2019, WITH FISCAL YEAR-
END SUMMARY
16. AWARD AGREEMENT FOR CONTRACT SERVICES TO DESERT
LIMNOLOGISTS, INC., DBA SOUTHWEST AQUATICS FOR CIVIC
CENTER CAMPUS LAKE MAINTENANCE SERVICES (PROJECT NO.
2019-11)
CONSENT CALENDAR ITEM NOs. 2, 3, 4, AND 5
Councilmember Radi said Council is very supportive of Staff development, and
encourages its Staff to attend trainings to continue to enhance their knowledge
and leadership, establish connections, and identify best practices to better serve
the City and the needs of the community.
MOTION – A motion was made and seconded by Councilmembers
Radi/Fitzpatrick to approve Consent Calendar Item Nos. 1-8 and 11-16, as
recommended, with Item Nos. 7 and 8 adopting Resolution Nos. 2019-034 and
2019-035, respectively. Motion passed unanimously.
CONSENT CALENDAR ITEM NO. 9
Councilmember Radi said he supports the requested time extension; written
communications from citizens have been received and made part of the record;
the developer will need to meet the City’s development standards; and asked
City Manager McMillen to provide a status update on this project based on Staff’s
site inspections.
City Manager McMillen said Staff has been in communications with the Griffin
Ranch Streets Improvement Committee and the developer (Lennar Homes), and
said all parties are currently in agreement as to the necessary street
improvements, and phased timeline to complete the improvements.
MOTION – A motion was made and seconded by Councilmembers
Radi/Fitzpatrick to approve Consent Calendar Item No. 9 adopting Resolution
No. 2019-036 as recommended. Motion passed unanimously.
COUNCILMEMBER PEÑA RECUSED HIMSELF FROM VOTING ON CONSENT
CALENDAR ITEM NO. 10 DUE TO A POTENTIAL CONFLICT OF INTEREST
STEMMING FROM THE PROXIMITY OF THE PROJECT TO REAL PROPERTY
HE OWNS
CONSENT CALENDAR ITEM NO. 10
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to approve Consent Calendar Item No. 10 as recommended.
Motion passed: ayes – 4, noes – 0, abstain – 1 (Peña).
CITY COUNCIL MINUTES Page 7 of 16 SEPTEMBER 17, 2019
BUSINESS SESSION – None
STUDY SESSION
1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM AND
CODE COMPLIANCE UPDATES
HUB Manager Sanchez, Management Specialist Mendoza, Code Compliance
Supervisor Meredith, and Public Safety Manager Mendez presented the staff
report, which is on file in the Clerk’s Office.
Council discussed the number of registered STVR properties has increased from
2018 due to non-compliant properties being brought under compliance in 2019;
certain properties continuously don’t follow the regulations established by the
City’s STVR program and require compliance enforcement interference; the level
of property maintenance and compliance greatly differ between owner-occupied
versus investor-owned STVR properties; the hotline is an effective and necessary
tool to monitor compliance, however, the property owner(s) is responsible to
ensure and enforce compliance with the City’s STVR regulations, not the
neighbors calling in to report issues; how other communities are dealing with
challenges imposed by STVR, including complete ban of such programs, over-
regulating, limiting the number of STVR permits allowed, shifting the
responsibility for paying the fines from the property owner to the tenants,
requiring the local contact’s name and phone number be posted on each property
and clearly visible from the street, and the local contact has 45 minutes to
respond to address the issue reported; the City continuously monitors the STVR
program in order to be able to implement changes that allow Staff to better
invoke, manage, and enforce compliance; importance to develop tracking
mechanism to identify what number of total noise complaints received is related
to STVR specifically; non-compliance with parking and property maintenance
regulations could also result in violations; current definition of noise under the
La Quinta Municipal Code (LQMC) and the 10 p.m. hourly restriction; the City
has suspended 12 STVR licenses in 2019 because these properties were issued
three or more violations, mostly due to the lack of responding within the
established 45 minute period, and the measures Staff has in place to ensure
suspended properties do not continue to rent for the duration of the suspension;
if STVR activities continue during a suspension, additional fine is imposed and
the suspension period is extended; a license suspension is a public record;
explore the ability to post the STVR license suspension on the property to
increase community awareness, as well as posting a list of suspended STVR
permits by address on the City’s website.
Council further discussed pros and cons of limiting the number of allowed STVR
permits based on a random drawing; consider amending the “Three Strikes
CITY COUNCIL MINUTES Page 8 of 16 SEPTEMBER 17, 2019
Policy” of the LQMC to impose a permanent STVR permit suspension; the number
of properties reporting zero transient occupancy tax (TOT) income, and Staff’s
review process to ensure reporting compliance; community outreach efforts and
collaborations with homeowners associations (HOAs).
Mayor Evans noted this item is a Study Session which provides an opportunity
to review how the program is progressing, discuss what is going well and areas
for improvement, receive public input on how the program can be enhanced,
and Staff’s update on the Request for Proposal for STVR compliance monitoring
and ability to apply and issue permits and TOT reporting online.
The following PUBLIC SPEAKERs spoke in opposition of STVR in La Quinta, and
provided comments on the challenges they have experienced with STVR in their
communities; including a variety of excessive noise complaints such as playing
loud music, pool splashing, yelling and screaming, partying after hours, etc.;
bright lights that shine into the adjacent properties; illegal and excessive parking
of vehicles that exceed the allowed parking restrictions; police response times
for noise complaints vary dependent on patrol availability; STVR properties
owned by investors are less responsive to community complaints than owner
occupied properties; properties that are out of compliance continue to rent; fines
need to be substantially increased to a level that will evoke compliance;
residential communities are transitioning into hotel districts, and destroying the
peace and neighborhood-type character of the community; high concentration
of STVRs, and encouraged limiting the number of STVR permits allowed; HOAs
are equipped to deal with STVR violators because they have security on site that
can address issues immediately; a third of the City’s TOT revenues are generated
from STVRs; flying drones over neighboring properties; excessive trash and
debris; smoking cannabis; privacy concerns; unlicensed STVR properties; and
adverse effects of STVR to property values:
John Jameson, La Quinta;
Renee Payen, La Quinta – did not speak, and provided written comments
read into the record by Mayor Evans;
Neeta Quinn, La Quinta; also submitted written comments, which were
made available to the public and incorporated into the record;
Britt Wilson read into the records written comments submitted by Maria
Puente, La Quinta, which were made available to the public and
incorporated into the record; and
Cindy Warren, La Quinta; also submitted written comments, which were
made available to the public and incorporated into the record.
Staff explained a lot of the complaints received through the STVR hotline are
either unfounded because they are not a violation of the LQMC, or Staff is unable
to confirm the violation; there are instances when based on one complaint, Staff
has observed and confirmed three violations, and the property was cited and the
CITY COUNCIL MINUTES Page 9 of 16 SEPTEMBER 17, 2019
license was revoked immediately; and citizens can make recordings of violations
and provide it to Staff or the Police as evidence of the violation.
The following PUBLIC SPEAKERs spoke in support of STVR in La Quinta, and
provided comments regarding their experience with STVR and recommended
best practices that can assist property owners and management companies in
monitoring STVR properties and ensure compliance; including investing TOT
revenue into the City’s STVR program to increase policing and enforce
compliance; using a hidden noise detector (“noise aware system”) to monitor
noise levels; installing surveillance cameras on the outside of the property to
monitor noise, parking, and partying compliance; owner-managed STVR
properties are usually compliant and better maintained than investor-owned
properties; providing literature to the tenants to educate them on the STVR
regulations they are subject to, including citations; personal benefits of STVR
properties; importance to place the burden on non-compliant properties instead
of considering eliminating STVRs all together; importance of communicating
expectations to tenants from the beginning and holding them accountable;
commended Staff for the community workshops held; public safety concerns
existed prior to the STVR program implementation and growth; emphasis on
implementing TOT electronic submittals; increase compliance monitoring on
unregistered STVR; commended Staff for their efforts in managing and
enhancing the program; and proactively managing the properties by establishing
relationships with the neighbors, addressing matters before they become an
issue, and being available and responsive:
Todd Ferguson, La Quinta
Vidal Coronel, La Quinta
Jose Coronel, La Quinta
Lori Jonasson, La Quinta
Tim Jonasson, La Quinta
Michele Hamid, Indio
David Dinnel, La Quinta
Council reached a consensus that having a STVR program that is well managed
and regulated is more efficient and better equips the City to control and address
STVR-related issues, than to eliminate the program in its entirety; eliminating
the program will not eliminate the problems as STVR activity will continue; it is
very important to hold property owners and operators accountable when they
are not meeting the City’s regulations because the onus for compliance is with
them, and not with the neighbors; there are a lot of responsible property owners
that manage their properties well; when property owners are applying for a STVR
permit, as part of the application package Staff could recommend the use of a
standardized tenant agreement template that aims to increase compliance by
clearly listing the City’s regulations; imposing a saturation limit on STVR permits
will not preclude non-licensed activity; explore the ability to add a checkbox on
the police departments complaint form to specifically identify STVR-related noise
CITY COUNCIL MINUTES Page 10 of 16 SEPTEMBER 17, 2019
cases; importance of identifying the proper level of regulations to keep the
program in place and running smoothly; individual freedom and rights are vital
components of our nation; encouraged use of the hotline; TOT revenue is
invested back into the community via infrastructure improvements, public
facilities, programs, services, etc.; tourism is vital to the economic prosperity of
the Coachella Valley; ability to submit permit applications and TOT payments
online is imperative; importance to have policy in place that allows the City to
manage the program; explore a better definition of noise, other than amplified
sound; impose harsher penalties to those who do not adhere to the City’s
regulations; publish a list of the suspended properties by address on the City’s
website; identify investor-owned properties and monitor violations; will continue
to monitor and re-visit the STVR program every time there is an issue, and
provide Staff with policy that will allow them to effectively manage the program
and address the issues at hand; continue investing to further enhance the
program and solve challenges; and explore publications such as postcards, The
Gem, etc.
Council encouraged property owners and managers to explore creating a forum
where ideas, best practices, and experience can be shared to help each other
find alternatives and provide support when dealing with challenges related to
STVR.
Council commended Staff for efficiently managing the program, continuously
identifying areas to improve and enhance it, to preserve the integrity and quality
of the La Quinta community.
Council apologized to the residents who are adversely impacted by STVR activity;
thanked everyone for taking the time to show up and speak or provided written
comments; said it is imperative to receive public input on all matters under
consideration; commended citizens for providing constructive policy-driven
comments; and noted the importance to hear from both sides to help find the
right balance.
Staff thanked Council for their support; and encouraged residents who are
experiencing challenges with STVR to reach out to Staff for assistance to help
resolve issues and identify ways to be proactive, in order to continue to improve
the program for the community, and because Staff takes great pride in the
services the City provides; and Staff will explore scheduling a STVR community
workshop focused on adversely impacted residents to identify items that could
be addressed.
COUNCIL RECESSED FOR A SHORT BREAK AT 6:32 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 6:49 P.M. WITH ALL MEMBERS PRESENT
CITY COUNCIL MINUTES Page 11 of 16 SEPTEMBER 17, 2019
PUBLIC HEARINGS – After 5:00 P.M.
1. ADOPT RESOLUTION TO APPROVE AND ADOPT THE RELOCATION
PLAN PREPARED FOR THE ACQUISITION OF PERMANENT
ROADWAY AND PUBLIC UTILITY EASEMENT INTERESTS IN A
PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR
PARCEL NO. 600-030-010, 46400 DUNE PALMS ROAD, LOCATED IN
LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE DUNE
PALMS ROAD BRIDGE PROJECT (PROJECT NO. 2011-05/111205)
[RESOLUTION NO. 2019-037]
Management Analyst Mignogna presented the staff report, which is on file in the
Clerk’s Office.
Council discussed there have been no changes to the relocation plan, and
Council’s re-approval will adopt a new resolution that will supersede the
resolution previously adopted.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:52 P.M.
PUBLIC SPEAKER: None.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:52 P.M.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to adopt Resolution No. 2019-037 to adopt and approve the
relocation plan prepared for the acquisition of permanent roadway and public
utility easement interests in a portion of certain real property identified as
Assessor Parcel No. 600-030-010, 46400 Dune Palms Road, located in La Quinta,
Riverside County, California, in accordance with the California Relocation
Assistance Law and the California Relocation and Real Property Acquisition
Guidelines, superseding Resolution No. 2019-033 as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING AND ADOPTING THE RELOCATION PLAN
PREPARED FOR THE ACQUISITION OF PERMANENT ROADWAY AND PUBLIC
UTILITY EASEMENT INTERESTS IN A PORTION OF CERTAIN REAL
PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO. 600-030-010, 46400
DUNE PALMS ROAD, LOCATED IN LA QUINTA, RIVERSIDE COUNTY,
CALIFORNIA, FOR THE DUNE PALMS ROAD BRIDGE PROJECT
PROJECT NO. 2011-05 / 111205 ADDRESS: 46400 DUNE PALMS ROAD
APN: 600-030-010
Motion passed unanimously.
CITY COUNCIL MINUTES Page 12 of 16 SEPTEMBER 17, 2019
2.ADOPT RESOLUTIONS DECLARING THE PUBLIC INTEREST AND
NECESSITY TO ACQUIRE PORTIONS OF PROPERTIES LOCATED AT:
(1) 46400 DUNE PALMS ROAD; (2) 79440 CORPORATE CENTER
DRIVE; AND (3) ASSESSOR PARCEL NUMBER (APN) 600-030-018,
FOR THE DUNE PALMS ROAD BRIDGE PROJECT (PROJECT NO. 2011
05/111205) THROUGH EMINENT DOMAIN
[RESOLUTION NOS. 2019-038, 2019-039, AND 2019-040]
Management Analyst Mignogna presented the staff report, which is on file in the
Clerk’s Office. Staff noted receipt of written correspondence from Peterson Law
Group on behalf of the Chin Family Properties Limited Partnership (Chin) and
Palmieri Tyler Attorneys at Law on behalf of DWCG1, LLC:
Council discussed timeline for relocating the residents.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:58 P.M.
PUBLIC SPEAKER: None.
Mayor Evans said the City received correspondence which was made available
to the public, and incorporated into the record.
Legal Counsel Cosgrove with Rutan and Tucker, LP provided information
regarding the comments provided by the correspondence received from Peterson
Law Group on behalf of the Chin Family Properties Limited Partnership and
Palmieri Tyler Attorneys at Law on behalf of DWCG1, LLC:
August 30, 2019 correspondence from Peterson Law Group:
Installation of raised median to eliminate left-turn movement to and
from Dune Palms Road; Mr. Cosgrove said these improvements do not
affect the circuity of travel to a level the City believes would exceed a
threshold for actionable damage or to trigger additional environmental
review; and
Additional travel distance due to the elimination of the left turn
movement; Mr. Cosgrove said in terms of south-bound traffic the
nearest U-turn availability is 2,180 ft. to the southerly entrance and
2,460 ft. to the northerly entrance; in terms of north-bound traffic a U-
turn is available approximately 100 ft. away near the La Quinta High
School; and noted that if the vacant property to the south develops it
will likely develop with a traffic signal which will allow U-turn movement
approximately quarter of a mile away; and
Generating additional traffic trips; Mr. Cosgrove said the environmental
review does not show this project will increase the number of traffic
trips; the project is designed to accommodate ambient background
growth, and not to generate additional growth; and
CITY COUNCIL MINUTES Page 13 of 16 SEPTEMBER 17, 2019
Increase of Noise; Mr. Cosgrove said the environmental review
indicates possible four to seven decibels increase of noise, experts
generally advise that anything change of three decibels or lower is
undetectable; the identified noise level is within the City’s established
noise standard for a front yard, thus there is no substantial impact;
also, as part of the project a perimeter wall will be built, which will
further mitigate noise; and
Regarding the allegation of improper piecemealing this project from the
Dune Palms Road Widening project; Mr. Cosgrove said the “Road
Widening” and “Bridge” projects are two separate projects that have
had separate environmental reviews, separate construction documents,
and different funding sources. The Bridge project is partially funded
with federal funds which imposed a separate schedule; and
Regarding the allegation that a new environmental study should be
conducted; Mr. Cosgrove said the issues identified are not those that
would trigger additional environmental review under California
Environmental Quality Act Regulations Section 15162 – Subsequent
EIRs and Negative Declarations.
September 17, 2019 correspondence from Palmieri Tyler Attorneys at Law:
Regarding the allegation the City should not be acquiring easements
and instead should acquire fee interest; Mr. Cosgrove said under the
California Code of Civil Procedure, the City is allowed to take only what
is necessary for the project under eminent domain, and the City can
accomplish the project objectives within the scope of the rights being
acquired in the defined easements; and
Regarding the concern that the proposed permanent easement takings
burden the private property with risk and liability; Mr. Cosgrove said
staff is aware of no instance of liability arising from residual ownership
under street easements from roadway issues, so far in La Quinta, thus
there is no precedent for this concern; rather, the owner retaining
ownership of the easement land inures to the benefit of the owners in
terms of calculating buildable square footage, set-backs, lot coverage,
minimum lot size, etc., which further supports the finding required that
the project is planned in a manner that will create the greatest public
good and the least private injury.
Mr. Cosgrove said that legal counsel does not believe that any of the comments
received should dissuade Council from adopting the resolutions as recommended
by Staff.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:05 P.M.
MOTION – A motion was made and seconded by Councilmembers Peña/Radi to
adopt Resolution Nos. 2019-038, 2019-039, and 2019-040 declaring that the
CITY COUNCIL MINUTES Page 14 of 16 SEPTEMBER 17, 2019
public interest and necessity require the acquisition of portions of properties
through eminent domain located on three properties:
A. (1) 46400 Dune Palms Road; APN 600-030-010 (portion); Owner:
Chin Family
(2) 46400 Dune Palms Road; APN 600-030-010 (Space 1 Mobile
Home Coach); Owner: Yvette Ontiveros;
(3) 46400 Dune Palms Road; APN 600-030-010 (Space 31 Mobile
Home Coach); Owner: Hilda Bedolla;
B. APN 600-030-018 (portion); Owner: DWCG1, LLC; and
C. 79440 Corporate Center Drive; APN 600-390-033 (portion); Owner:
James R. Paul and Sharon L. Paul, Trustees.
as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY TO
ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS
ROAD, AND APPROVING AND ADOPTING A RESOLUTION OF NECESSITY
PROJECT NO. 2011-05 / 111205 APN: 600-030-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY TO
ACQUIRE PORTIONS OF PROPERTY LOCATED ON DUNE PALMS ROAD,
ASSESSOR PARCEL NO. 600-030-018, AND APPROVING AND ADOPTING
A RESOLUTION OF NECESSITY PROJECT NO. 2011-05/111205 APN: 600-
030-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY TO
ACQUIRE PORTIONS OF PROPERTY LOCATED AT 79440 CORPORATE
CENTER DRIVE, ASSESSOR PARCEL NO. 600-390-033, AND APPROVING
AND ADOPTING A RESOLUTION OF NECESSITY PROJECT NO. 2011-
05/111205 APN: 600-390-033
Motion passed unanimously.
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña said he will be attending Coachella Valley Association of
Governments (CVAG) Valley-Wide Homelessness Committee tomorrow, and
there will be a pre-meeting to review responses received to Requests for
CITY COUNCIL MINUTES Page 15 of 16 SEPTEMBER 17, 2019
Proposals for homelessness services; and discuss homelessness related funds
received by other Coachella Valley cities to ensure services are not being
duplicated throughout the valley; Path of Life contract has been extended
through the end of December 2019.
Councilmember Fitzpatrick said the 9/11 Candlelight Vigil was a wonderful
ceremony honoring the victims of the World Trade Center, Pentagon, and
Shanksville, Pennsylvania; and the event was very well attended.
Councilmember Sanchez reported on his and Councilmember Peña’s attendance
at the La Quinta High School (LQHS) first home game on September 6, 2019.
Mayor Evans reported on Council’s participation at LQHS’s fundraising night for
football and cheer held on September 3, 2019.
Mayor Evans reported on her four-team’s win at the League of California Cities
Golf Tournament held on September 13, 2019 and shared the trophy award they
received.
Mayor Evans reported on her presentation at the Women’s Council of Realtors
Mayor’s Panel in Rancho Mirage on September 6, 2019, and that she spoke to
the Berkshire Hathaway realtor group today and provided a La Quinta update.
Mayor Evans thanked Councilmember Fitzpatrick for stepping in to cover “Top
Readers” recognizing students reading during the summer from La Quinta’s Boys
and Girls Club.
Mayor Evans reported on Council’s attendance and participation at SunLine
Transit Agency’s 2019 Student Art Contest; the unveiling of the buses wrapped
with the first-place winning submissions was held on August 13, 2019 at
SunLine’s headquarters in Thousand Palms.
Mayor Evans said the City will be holding a series of community workshops to
provide information, maps, and answer citizens’ questions regarding the
December 8, 2019 Ironman Triathlon race.
Councilmember Peña said he and several Staff members attended the Desert
Valley Builders Association luncheon, held in Rancho Mirage on September 12,
2019, regarding the new Regional Housing Need Allocation mandates from the
California Department of Housing and Community Development.
CITY COUNCIL MINUTES Page 16 of 16 SEPTEMBER 17, 2019
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2019, Mayor Evans reported on her participation
in the following organizations’ meetings:
CVAG COACHELLA VALLEY CONSERVATION COMMISSION
CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE
La Quinta’s representative for 2019, Councilmember Fitzpatrick reported on her
participation in the following organizations’ meetings:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
La Quinta’s representative for 2019, Councilmember Radi reported on his
participation in the following organization’s meeting:
CVAG TRANSPORTATION COMMITTEE
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 7:21 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California