2020 08 04 CC MinutesCITY COUNCIL MINUTES Page 1 of 12 AUGUST 4, 2020
CITY COUNCIL
MINUTES
TUESDAY, AUGUST 04, 2020
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m.
by Mayor Evans.
This meeting provided teleconference accessibility pursuant to Executive
Orders N-25-20, N-29-20, N-33-20, and N-35-20, 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: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk
Radeva, Deputy City Clerk Romane, Senior Planner Flores, Marketing Manager
Graham, Marketing Specialist Camarena, Finance Director Romero, Public
Works Director/City Engineer McKinney, Public Safety Manager Mendez,
Community Resources Director Escobedo, and Riverside County Sherriff’s
Department Captain Reynolds.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA
Mayor Pro Tem Peña said he will recuse himself from discussion and vote on
Consent Calendar Item Nos. 2 and 5, and Business Session Item No. 1, due to
a potential conflict of interest stemming from the proximity of real property
interests to these projects. Council concurred.
CLOSED SESSION
1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO
SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957.
CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR
EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE,
CITY ATTORNEY
CITY COUNCIL MINUTES Page 2 of 12 AUGUST 4, 2020
2. CONTINUED FROM JULY 21, 2020 – ANNUAL PUBLIC EMPLOYEE
PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE
SECTION 54957, COUNCIL APPOINTED POSITION – CITY
MANAGER
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:02 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported the following pursuant to Government Code
§54950 et seq. (Brown Act):
CLOSED SESSION ITEM NO. 1 – The City Council discussed the threat to
public services related to the state and local emergencies caused by the threat
of novel coronavirus disease 2019 (COVID-19). Based on the recent strain on
City resources caused by loss of revenue related to COVID-19 and pending the
Short-Term Vacation Rental (STVR) Program Ad-Hoc Committee’s
recommendations for potential modifications to the City’s STVR program, the
Council took the following action:
MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez
to authorize the City Manager to issue an executive order imposing a 90-day
moratorium on accepting new applications for short term vacation rental
permits effective August 4, 2020. Motion passed unanimously.
CLOSED SESSION ITEM NO. 2 – Council will recess back to Closed Session
to continue consideration of this item, after the open session portion of the
meeting.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Peña led the audience in the Pledge of Allegiance.
Councilmember Sanchez asked for a moment of silence to honor the seven (7)
U.S. Marines and a Navy sailor missing since a training accident on August 2,
2020, off the Southern California coast, presumed dead after the military
concluded an extensive 40-hour search.
CITY COUNCIL MINUTES Page 3 of 12 AUGUST 4, 2020
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
City Clerk Radeva said the following WRITTEN PUBLIC COMMENTS, listed in
alphabetical order, were received as of 3:00 p.m., which were distributed to
Council, and incorporated into the agenda packet and public record of the
meeting:
Shannon Chavez, La Quinta – in support of STVR.
Arlene Gotshalk – in opposition of STVR.
Marie Thompson, La Quinta – in support of imposing a moratorium on
new STVR permits, and suggested a community discussion be held on
potential STVR density regulations; City Clerk Radeva read the written
public comments into the records, as requested by Ms. Thompson.
Eleazar Lua, La Quinta – related to STVR.
The following PUBLIC SPEAKERS, queued in the order in which requests were
received, provided VERBAL PUBLIC COMMENTS VIA TELEPHONIC
ACCESSIBILITY:
Arlene Gotshalk, La Quinta – spoke in opposition of STVR; neighborhood
problems discussed on NextDoor, and marketing strategies realtors are
using related to STVR; City of Cathedral City’s decision to phase out
STVR; the excessive noise, parking issues, and litter associated with
STVR; expressed concerns on the increased number of STVR in the La
Quinta Cove and the associated impacts; and recommended the City
Council conduct public meetings to hear and investigate resident
concerns, research the actions taken by neighboring cities in the
Coachella Valley, increase the tourist vetting process; and develop a new
ordinance and guidelines.
Lenard Dobrowoski, La Quinta – thanked Council for their efforts during
these trying times; spoke in support of STVRs and the City’s proactive
approach to address non-compliant STVR operators/owners; requested
the City disseminate the positive impacts that STVR have on the local
economy and small businesses; suggested any future executive orders or
restrictions on STVR include additional data showing percentages of non-
compliant STVR; recommended the City’s STVR web page be enhanced;
and volunteered to assist the City with STVR Program information and
improvements.
Jeffrey Smith, La Quinta – thanked Council for imposing a 90-day
moratorium on processing new STVR permit applications; spoke about
the actions taken by City of Cathedral City and other Coachella Valley
CITY COUNCIL MINUTES Page 4 of 12 AUGUST 4, 2020
cities on STVR; and expressed concerns related to the adverse impacts
STVR have on residential neighborhoods.
Brad Anderson, Rancho Mirage – would like to be able to provide public
comment by calling in, instead of requesting it in advance; and suggested
that Council consider including representatives from the Riverside County
Fire and Sheriff’s Departments during Closed Session deliberations.
David Dinnel, La Quinta – said STVRs are a high-generating revenue
source for the City; thanked the City for providing the opportunity to
operate STVRs in the City; recommended the City issue fines for violating
STVR compliance rules to the guests instead of the owners/operators;
and said he would like the opportunity to address the STVR Program Ad-
hoc Committee (Committee) in person.
Staff noted the public may submit written public comments for the
Committee up until 12:00 noon on the day of the meeting; can submit
follow-up questions to the Committee Secretary following Committee
meetings; currently Committee meetings are held virtually via Zoom due
to COVID-19 related health and safety precautions; and meetings are
streamed live on the City’s website.
Linda Williams, La Quinta – spoke about STVRs adverse effects on
residential communities; said she is in support of the 90-day moratorium
on issuing new STVR permits to allow the Committee to conclude its
review and study and provide recommendations to the City Council;
spoke in opposition of non-hosted STVRs; and suggested imposing large
fines on non-registered owners/operators.
Philip Bettencourt, La Quinta – spoke in support of re-opening the
Cinemark movie theater in La Quinta; said the company has a
comprehensive re-opening plan to comply with COVID-19 safety
guidelines, which is posted on their website; and he looks forward to re-
opening day.
Edward Armendarez, La Quinta – spoke in opposition of operating STVRs
in residential communities without homeowner associations; and
provided examples of communities that have prohibited such operations
in cities throughout the U.S.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS –
NONE
CITY COUNCIL MINUTES Page 5 of 12 AUGUST 4, 2020
CONSENT CALENDAR
1. APPROVE MINUTES OF JULY 21, 2020
2. Pulled for separate vote by Mayor Pro Tem Peña >>> AWARD
CONTRACT TO BUNKER CONSTRUCTION, INC FOR
CONSTRUCTION OF THE FRITZ BURNS PARK SIDEWALK AND
PARKING PROJECT NO. 2017-22, LOCATED ON THE NORTH SIDE
OF FRANCIS HACK LANE ADJACENT TO THE SKATE PARK, AND
APPROPRIATE RELATED FUNDING
3. AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE
WASHINGTON STREET PAVEMENT REHABILITATION PROJECT
FROM CALLE TAMPICO TO SAGEBRUSH AVENUE (PROJECT NO.
2020-04)
4. AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE
WASHINGTON STREET INTERSECTION WITH FRED WARING
DRIVE TRIPLE LEFT TURN PROJECT (PROJECT NO. 2017-01)
5. Pulled for separate vote by Mayor Pro Tem Peña >>> APPROVE
AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS
TECH, INC. FOR POOL AND WATER FEATURE MAINTENANCE
(PROJECT NO. 2020-11)
6. APPROVE AMENDMENT NO. 5 TO AB 2766 MEMORANDUM OF
UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION
OF GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE
SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET
SWEEPING PROGRAM
7. APPROVE CHANGE ORDER NO. 11 TO CONTRACT WITH URBAN
HABITAT FOR THE SILVERROCK PARK VENUE PROJECT NO. 2016-
08 FOR IRRIGATION POINT OF CONNECTION MODIFICATION,
SEWER LINE MODIFICATION, RESTROOM CIRCUIT BREAKER
PANEL, AND REPLACE STOLONS WITH HYDROSEED
8. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED
WITH THE CODORNIZ RESIDENTIAL DEVELOPMENT (TRACT MAP
NO. 32070) LOCATED ON THE SOUTHEAST CORNER OF AVENUE 52
AND JEFFERSON STREET
CITY COUNCIL MINUTES Page 6 of 12 AUGUST 4, 2020
9. ACCEPT THE ELECTRIC VEHICLE CHARGING STATIONS PROJECT
LOCATED AT LA QUINTA PARK AND THE NORTHEAST CORNER OF
WASHINGTON STREET AND HIGHWAY 111 (PROJECT NO. 2019-12)
10. ADOPT RESOLUTION TO APPROVE TIME EXTENSION FOR SITE
DEVELOPMENT PERMIT 2017-0012, INCLUDING SITE PLAN,
ARCHITECTURAL DESIGN AND LANDSCAPING FOR PLANNING
AREA 2 OF THE CENTRE AT LA QUINTA SPECIFIC PLAN;
LOCATION: SOUTHWEST CORNER OF AUTO CENTER DRIVE AND
LA QUINTA DRIVE; CEQA: REVIEWED UNDER ENVIRONMENTAL
ASSESSMENT 2017-0009 AND NO FURTHER REVIEW IS
REQUIRED [RESOLUTION NO. 2020-028]
11. APPROVE DEMAND REGISTERS DATED JULY 17 AND 24, 2020
MOTION – A motion was made and seconded by Councilmembers
Radi/Fitzpatrick to approve the Consent Calendar Item Nos. 1, 3-4, and 6-11
as recommended, with Item No. 10 adopting Resolution No. 2020-028. Motion
passed unanimously.
CONSENT CALENDAR ITEM NOS. 2 AND 5
MAYOR PRO TEM PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE
ON CONSENT CALENDAR ITEM NOS. 2 AND 5 DUE TO A POTENTIAL
CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL
PROPERTY INTEREST TO THE PROJECT
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to approve Consent Calendar Item Nos. 2 and 5 as
recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña).
BUSINESS SESSION
MAYOR PRO TEM PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE
ON BUSINESS SESSION ITEM NO. 1 DUE TO A POTENTIAL CONFLICT OF
INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY
INTEREST TO THE PROJECT, AND LEFT THE DAIS
1. CONTINUED FROM JULY 21, 2020 – ADOPT RESOLUTION
GRANTING ESSI ENGINEERING A WAIVER OF UNDERGROUNDING
UTILITY LINES IN ASSOCIATION WITH DESERT CLUB
APARTMENT DEVELOPMENT LOCATED AT 51480 DESERT CLUB
DRIVE (PROJECT NO. UW 2020-0001) [RESOLUTION NO. 2020-029]
CITY COUNCIL MINUTES Page 7 of 12 AUGUST 4, 2020
Senior Planner Flores presented the staff report, which is on file in the Clerk’s
Office.
Council discussed approved clearances between the proposed building and the
utility poles.
PUBLIC SPEAKER: Robert Capetz, property owner with Nispero Properties, Inc.
– spoke about the clearance measurements between the proposed building and
utility poles; and the collaboration efforts between Imperial Irrigation District
(IID), City Staff and his engineer to ensure all clearance requirements are met.
Council discussed the cost differential between installing conduits compared to
undergrounding electrical; the process of preparing the site for future utility
line undergrounding by trenching and installing conduits; ensuring the location
of the conduits are acknowledged by all involved parties and properly
documented by IID; and noted that the conduit will be easily accessible for
further improvements in the future, with little disruption to residents in its
proximity.
PUBLIC SPEAKER: Travis Maston, Project Manager with IID – said installing
conduits is the best alternative to undergrounding a large network of utility
connections; and the City is in a good position should it pursue a city-wide
undergrounding project in the future.
Council thanked the property owner, IID, and City Staff for making the
requested changes in such a short period of time.
Council discussed the future benefits for the community in installing the
underground conduits at this time to prepare the site for future undergrounding
of the utility poles, due to the inability to underground the poles at this time,
as the project was originally approved.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to adopt Resolution No. 2020-029 granting a waiver of
undergrounding utility lines in association with Desert Club Apartments
development, located at 51480 Desert Club Drive, subject to conditions of
approval to install conduits for future undergrounding of electrical, and install
conduit infrastructure for future undergrounding of cable, telephone and
associated lines:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, GRANTING ESSI ENGINEERING A WAIVER OF
UNDERGROUNDING UTILITY LINES IN ASSOCIATION WITH DESERT
CLUB APARTMENTS DEVELOPMENT, CONSISTING OF 16 APARTMENTS IN
TWO BUILDINGS LOCATED AT 51480 DESERT CLUB DRIVE
CITY COUNCIL MINUTES Page 8 of 12 AUGUST 4, 2020
Motion passed ayes 4, noes 0, absent 1 (Peña).
MAYOR PRO TEM PEÑA RETURNED TO THE DAIS FOR THE REMAINDER
OF THE MEETING
2. APPROVE FISCAL YEAR 2020/21 MARKETING STRATEGIES AND
MEDIA PLAN
Marketing Manager Graham and Marketing Specialist Camarena presented the
staff report, which is on file in the Clerk’s Office.
Council discussed the great flexibilities afforded to staff by the City’s print and
digital advertisement partners related to changing ad content; Staff’s strategy
in monitoring and evaluating which advertisement platforms are being
effective; digital advertising; the importance to be able to react and
disseminate information quickly and effectively; explore participation in
recreational vehicles (RV) advertising markets; participating in Netflix.com,
Hulu, etc. and other similar advertisement platforms requires approximately
$20,000 dollars per month; the City’s partners have been very accommodating
and flexible in providing alternatives during the pandemic; explore advertising
through YouTube.com; the City’s marketing and community outreach efforts
on economic development such as the COVID-19 Small Business Emergency
Economic Relief Program, al fresco dining, etc.; and commended the City’s
marketing team for staying effective through the pandemic, effectuating
flexibility through the City’s existing agreements, and ability to adjust on the
fly.
MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez
to approve fiscal year 2020/21 marketing strategies and media plan as
recommended. Motion passed unanimously.
3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH BANK OF
NEW YORK MELLON TRUST COMPANY, N.A. FOR CUSTODY
SERVICES
Finance Director Romero presented the staff report, which is on file in the
Clerk’s Office.
Council discussed the terms of the agreement, related contracting parties, and
authorized signors.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to approve Agreement for Contract Services with Bank of New
York Mellon Trust Company N.A. for custody services; and authorize the City
CITY COUNCIL MINUTES Page 9 of 12 AUGUST 4, 2020
Manager to execute the agreement as recommended. Motion passed
unanimously.
STUDY SESSION
1. DISCUSS PROPOSED UPDATES TO GOLF CART PROGRAM AND MAP
Public Works Director/City Engineer McKinney presented the staff report, which
is on file in the Clerk’s Office.
Council discussed the City’s restrictions on allowing the use of electrically
powered golf carts only, and looking into possibly expanding it to include gas-
and solar-powered golf carts as well; allowing convertible golf carts; allowing
more than two persons to ride in the golf cart if it is in compliance with
Department of Motor Vehicles regulations; reconsider placement of the permit
sticker from the right to the left; need to review the entire code language and
ensure consistency throughout; Staff should explore the ability to expedite the
construction and striping of designated golf cart pathways along Eisenhower
Drive and Washington Street to provide a path of travel for golf carts up to the
businesses along the Highway 111 corridor; the Avenue 48 art and music line
regional project will compliment this effort; golf cart designations; and golf
carts are allowed on sidewalks only if the sidewalk is 10 feet wide.
Staff noted as part of the City’s five-year pavement management plan study
and review, the City will identify areas where wider traffic lanes could be
restriped in order to create bike and golf cart paths.
Council reached a consensus and expressed general support for the golf cart
map as presented; asked to see the maps for other areas in the City, and
directed staff to review the municipal code for necessary regulations and
requirements updates and consistencies, and bring it back for review at a future
meeting.
PUBLIC HEARINGS – After 5:00 P.M.
1. ADOPT RESOLUTION TO APPROVE PLACEMENT OF PUBLIC
NUISANCE ABATEMENT ASSESSMENTS ON THE 2020/21
PROPERTY TAX ROLL [RESOLUTION NO. 2020-030]
Public Safety Manager Mendez presented the staff report, which is on file in the
Clerk’s Office; noting that one of the property owners, Mr. Shippey, contacted
the City today, and submitted payment for the abatement costs incurred. The
City will remove him from the final list.
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Council discussed all remaining six abatements were on vacant lots; three
residential and three commercial.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:40 P.M.
PUBLIC SPEAKER: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:40 P.M.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to adopt Resolution No. 2020-030 approving placement of
public nuisance abatement assessments on the 2020/21 Property Tax Roll:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, PLACING A SPECIAL ASSESSMENT AND PROVIDING FOR
COLLECTION ON TAX ROLLS OF CERTAIN PROPERTIES FOR COSTS OF
ABATEMENT OF PUBLIC NUISANCE
Motion passed unanimously.
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
8. POLICE – QUARTERLY REPORT APRIL – JUNE 2020
Riverside County Sheriff’s Department Captain Reynolds provided an update on
a series of vandalism offences conducted by the same perpetrator in La Quinta
and other Coachella Valley cites, and pertinent circumstances and events
related to this individual’s arrests and releases.
5. STVR ENFORCEMENT SUBCOMMITTEE REPORT
Community Resources Director Escobedo said the Short-Term Vacation Rental
(STVR) Program Ad-hoc Committee (Committee) formed an Enforcement Sub-
Committee (Sub-Committee) to review the programs’ compliance and
enforcement regulations and efforts currently in place, and prepare a report for
the Committee’s review and consideration, scheduled for Thursday, August 6,
2020; the Enforcement Sub-Committee is comprised of Committee Members
Schutz, Caldwell, McDonough, Monroe, and Shelton; and introduced Mr. Schutz
who presented the Sub-Committee’s report of STVR enforcement
recommendations.
Council discussed the Enforcement Sub-Committee should review STVR related
fines.
CITY COUNCIL MINUTES Page 11 of 12 AUGUST 4, 2020
Mr. Schutz said the Sub-Committee’s focus was to put regulations and
educational tools in place to promote and encourage behavioral modification of
STVR owners/operators to achieve compliance and quality of life for the
residential neighborhood.
Sub-Committee Members Caldwell and McDonough commended Mr. Schutz for
his leadership, as well as their fellow Sub-Committee Members for the extra
time, hard work, and efforts invested in preparing the report.
Council discussed the Committee’s vital role in evaluating the STVR program
and bringing forth recommendations to Council; the Committee’s diverse
membership to ensure the community is properly represented; the importance
of compliance with STVR regulations to ensure quality of life for the surrounding
residents; and the importance of putting regulations in place that achieve a
balanced STVR program.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Pro Tem Peña said Mayor Evans, Councilmember Fitzpatrick, and he
attended the FIND Food Bank (FIND) food distribution event held on July 25,
2020, at the Desert Recreation District park, located at 77865 Avenida
Montezuma.
Mayor Evans said the national guard currently helping FIND will be reassigned
and FIND is looking for volunteers.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2020, Councilmember Radi reported on his
participation in the following organization’s meeting:
SUNLINE TRANSIT AGENCY
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 7:23 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 8:28 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported the following pursuant to Government Code
§54950 et seq. (Brown Act):
CLOSED SESSION ITEM NO. 2 – Council completed the City Manager’s annual
performance evaluation and reaffirmed his appointment.
CITY COUNCIL MINUTES Page 12 of 12 AUGUST 4, 2020
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Peña/Fitzpatrick to adjourn at 8:29 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California