2021 01 27 CC Minutes Sp Mtg
CITY COUNCIL MINUTES Page 1 of 12 January 27, 2021
SPECIAL MEETING
CITY COUNCIL
SPECIAL MEETING
MINUTES
WEDNESDAY, JANUARY 27, 2021
CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 5:00
p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility 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, and the directives under the “Regional Stay At Home
Order” from the California Department of Public Health, 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
CITY STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, Deputy
City Clerk Romane, Design and Development Director Castro, Hub Manager
Sanchez, Community Resources Director Escobedo, and Code
Compliance/Animal Control Supervisor Meredith.
PLEDGE OF ALLEGIANCE
City Attorney Ihrke led the audience in the Pledge of Allegiance.
CONFIRMATION OF AGENDA – Confirmed
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
STUDY SESSION
1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM
AD-HOC COMMITTEE (Committee) RECOMMENDATIONS
Design and Development Director Castro, City Attorney Ihrke, Hub Manager
Sanchez, Community Resources Director Escobedo, and Code
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SPECIAL MEETING
Compliance/Animal Control Supervisor Meredith presented the staff report,
which is on file in the Clerk’s Office.
City Manager McMillen said Staff is reviewing and comparing the lists of
unpermitted STVR properties identified by the City’s vendors to ensure
accuracy and confirm violations; compliance measures will be initiated in
phases; pursuant to the recent code amendments related to STVRs, which
went into effect on January 15, 2021, operating STVRs illegally is subject to a
$5,000 dollar fine and a permanent ban from the STVR program.
Council discussed homeshare-type STVR activity which has required little to
no Code Compliance Staff efforts because the property owner is present on-
site during the renter(s) stay; the City’s options to enforce compliance from
unpermitted STVR operators; and homeowners’ associations (HOAs) ability to
adopt regulations as part of their covenants, conditions and restrictions
(CC&Rs) imposing rules and mitigation measures for STVR activities to ensure
compliance, fines for unpermitted activities by its residents, as well as
imposing a fee to operate as a STVR.
Council commended Staff for the detailed report presented tonight.
Council discussed the ability to impose a limit on the number of STVRs per
owner to only one and the related verification process for the City; such
limitation would also apply to the members of a business entity and would not
allow the same person to own a STVR as a private owner and/or as a member
of a business entity; ability to impose a requirement that a STVR property
owner must reside within a certain geographic area such as La Quinta, the
Coachella Valley, or Riverside County, etc.; current statistics show the number
of one-night stays is minimal, thus imposing a requirement for a minimal two-
night stay may not reduce STVR activity; limiting the allowed number of
bookings to 32 per permit/per year would be more effective in reducing STVR
activity; a special event permit would be needed if occupancy exceeds the
permit limit after 10 p.m; mismanagement of HOAs regarding STVRs and the
responsibility of HOAs to enforce its own CC&R regulations regarding STVRs
rather than relying on the City to do so, and the City’s willingness to assist
HOA Boards to develop regulations to achieve self-governance; STVRs over
four bedrooms are examined to determine if there are bedroom conversions
and if those conversions meet Building Code standards; need for consistency
in permitting large STVRs that due to the number of guests, may require an
Event Permit; and permitting STVRs only for the number of bedrooms
identified in the initial home building permit and subsequent expansions/
additions, including Accessory Dwelling Units, would not be included or
considered for STVR permits.
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SPECIAL MEETING
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:17 P.M.
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 6:22 P.M.
WITH ALL MEMBERS PRESENT
WRITTEN PUBLIC COMMENTS were received from those listed on Attachment 1
prior to the adjournment of the meeting at 12:01 a.m., including those received
during the live meeting, and have been distributed to Council and incorporated
into the agenda packet.
PUBLIC SPEAKERS VIA TELEPHONIC ACCESSIBILITY listed in the order in
which they spoke:
1. Waska, Robert (La Quinta, PGA West) – supports minimum one-week
rentals; asks that the City assist PGA West with measures to control
STVRs and improving their enforcement.
2. Zenz, Joanne (La Quinta, PGA West) - supports limiting STVRs due to
its disruption to neighbors and diminished neighborhood quality;
appreciates the City assisting PGA West, a HOA that the City isn’t
obligated to assist with STVR matters.
3. Church, Gene (La Quinta Cove) – opposes STVRs; supports Committee’s
recommendations; supports home-shares; and City makes more money
from full-time residents than STVRs.
4. Mikulenka, Chris (North La Quinta) – questioned why citations were not
issued during the recent lock-down period; 400 STVR permits exist for
just 23 streets in North La Quinta and the Cove; and supports limiting
permits within a 300’ radius.
5. Lambert, Jim (La Quinta, PGA West) – City’s Master Plan and Zoning
Plan has no allowance for STVRs in residential zones; commended on
the Committee’s recommendation; need accounting from City on its cost
to administer the STVR program; any Councilmember involved in the
business of real estate should recuse themselves on STVR matters.
6. Shoffstall, Don (La Quinta, PGA West) – poor audio connection –
supports recommendations of N4N group such as cap on number of
permits, minimum stays and extending the moratorium.
7. Hayes, Deonn E. (La Quinta) - poor audio connection - opposes a
complete ban on STVRs; program must be fair and equitable to all.
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:10 P.M. TO GIVE
CITY IT STAFF TIME TO IMPROVE THE AUDIO CONNECTION
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 7:20 P.M.
WITH ALL MEMBERS PRESENT
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SPECIAL MEETING
8. Estrada, Eddy (La Quinta, PGA West) – coalition has $200,000 to donate
to a worthy organization; and some PGA West HOA Boards are under
recall; support making incremental changes so improvements can be
identified.
9. Wolff, Kay (La Quinta Cove) – go slow to get it right; extend
moratorium; need time to reach consensus; all was well with residents
and City revenues before STVRs with snow birds and long-term rentals;
and Council is being pressured by corporations and out-of-town
investors.
10. Hayes, Donald (La Quinta, PGA West) – support STVRs; during
pandemic recovery, City should increase visitors; eliminating STVRs is
unfair to low- and moderate-income families; and N4N doesn’t speak for
all residents.
11. Storbo, Dick (La Quinta Cove) – supports tourism but not at the expense
of residential neighborhoods; and provided four recommendations
including a phase-out of STVRs.
12. Zhang, Eric (Fullerton, CA, an STVR Property Manager in La Quinta) –
has asked neighbors around his STVR to contact him directly if problems
arise but they don’t, they continually call City Code Enforcement; and if
only long-term rental are permitted, neighbors’ complaints would be
handled by the Police.
13. Baak, Sandy (La Quinta, PGA West) – support the PGA West HOA Board;
house next door is run like a motel; and supports enhanced enforcement
of STVR.
14. Chaine, Olivier, President of VRON-LQ, a STVR advocacy group –
supports responsible STVR ordinances; and submitted a document from
VRON-LQ members recommending solutions with consistent rules and
enforcement.
15. Smith, Jeff (La Quinta Cove) – STVR problems will not be solved with
regulations; and supports no new permits and a phase-out of STVR
program.
16. Owens, Steven (La Quinta Cove) – operates STVRs in La Quinta and
northern California without problems or complaints from neighbors; and
supports the STVR program.
17. Osborn, Terry (La Quinta Cove) – STVR has contributed to La Quinta
property values and neighborhood revival; the current
recommendations make sense; he rents his house via the STVR program
and suggests neighbors call owners directly if there are problems; and
believes STVRs will drop off once the pandemic is over.
18. Hylton, Edie (La Quinta Cove) – had a STVR permit but discontinued it
due to affects on their house and neighbors; supports phasing out STVRs
starting with a freeze on new permits; City revenue will come from
hotels reopening, new hotels and new transient occupancy zones; voters
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SPECIAL MEETING
supported Measure G for an economically healthy City; and supports
housing inventory for local workers and middle-income families.
19. Armendarez, Edward (La Quinta Cove) – STVR does not belong in
residential neighbors.
20. Gotshalk, Arlene (La Quinta Cove) – opposes STVR; made
recommendations to accommodate visitors in other ways; and
highlighted legal cases re STVR.
21. McQuiggan, Timothy (La Quinta PGA West) – provided the reason for
the recall of two PGA West HOA Boards; City is not treating the root
cause of residents’ problems; more regulations are not the solutions;
and STVRs is not in the long-term interest of a community.
--- Young, Robert – withdrew his request to speak
22. Breeswine, Carrie (La Quinta, PGA West) – does not support a total ban
on STVR; expects neighbors to respect her by controlling their STVRs;
supports minimum stay requirements; and does not support multiple
warnings or leeway to unpermitted STVRs.
23. Nasso, Austin - STVR owner of four-bedroom property; explained his
oversight of each rental; City should not ban STVR now during the
pandemic; and focus on few bad actors and re-evaluate after the
pandemic.
24. Quill, Paul (La Quinta Cove) – generally opposes STVRs but does support
the N4N recommendations; and explained the means for voters to get
an anti-STVR Measure on the ballot.
25. Tamm, Jelena (La Quinta / Newport Beach) - owner of California
Vacation Villas & a La Quinta property owner; asked if the list of violators
of STVR rules will be made public; support lifting the moratorium; Code
Compliance must contact the local manager of any STVR receiving a
complaint and given 30 minutes to resolve the problem; and fines
related to guest behavior should be issued to the guest, not the owner.
26. Parnell, Karen (La Quinta PGA West) – opposes extending the
moratorium because the STVR bubble is over with the subsidence of the
pandemic; opposes permitting day guests that exceed the maximum
number of overnight guests; supports hiring contractors rather than
increasing Code Compliance staff; and agrees that PGA West has
mismanaged STVRs.
27. Williams, Linda (La Quinta) – supports phasing-out STVR in residential
zones and increasing housing in transient occupancy zones; 70% of the
City’s population is families and investor purchases of properties for
STVR is decreasing housing opportunities for permanent residents; and
opposes the issuance of new permits.
28. Gray, Richard (North La Quinta) – supports placing a STVR initiative on
the ballot for residents to decide; STVR provide no benefit or
compensation to residents; enforcement is not successful and cost for it
will continue to rise; STVR is unfair competition to hotels which have
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SPECIAL MEETING
few complaints; STVR tax revenue is not worth neighborhood
destruction; and illegal activity is easily done and difficult to detect in
STVRs.
29. Segal, Stefanie (La Quinta PGA West) – opposes STVRs in PGA West
unless owners manage their renters and negotiate with PGA West HOA
Board to resolve all the problems the STVR owners have caused.
30. Vince, Barbara (North La Quinta) – opposes STVRs; her cul-de-sac was
quiet until STVRs; and supports a ban on STVRs in her neighborhood.
31. Mitzev, Vasko (La Quinta Cove) – owns a LQ STVR, splits time between
La Quinta and Orange County; has invested over $100,000 to maintain
his La Quinta property; only 5% of housing stock in La Quinta are STVR,
a small and beneficial number; illegal STVRs cause the problems and
should be shut down; complaints should first be made to owners; and
those making multiple non-valid complaints to the City should be
penalized.
--- Mitzey, Jill – withdrew her request to speak
32. Fraiser, Jennifer (La Quinta Cove & Victoria, Canada) – wishes to rent
her Cove home for minimum 28-days but has not heard back from the
City; concerned that if she is not permitted to rent out, she will lose her
La Quinta house; problems in PGA West should be handled by PGA West;
and intends to retire in LQ so supports the community and its opposition
to STVRs.
--- Adams, Deborah Lynn – unable to reach, City called multiple times.
MAYOR EVANS CALLED A RECESS AT 9:10 P.M.
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 9:20 P.M.
WITH ALL MEMBERS PRESENT
Mayor Evans requested that Council start discussion with slide no. 19 of the
staff report. Council discussed the timing of STVR problems which began prior
to the onset of the COVID-19 pandemic, as early as 2018; Council’s intention
is to fix the problem, rather than place blame and Council works for the
community as a whole, not any one industry or interest group; the City has
no jurisdiction with regard to HOA CC&Rs or HOA Board decisions however
should the City adopt citywide STVR regulations that are stricter than those in
any HOA’s CC&Rs, the City regulations would rule.
In response to Councilmember Sanchez’ conflict question, City Attorney Ihrke
stated that being a licensed real estate broker does not present a conflict of
interest because Councilmember Sanchez has no financial interest in any
STVR. Mayor Evans added that no Councilmember operates any STVRs.
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Council discussed the reasons for the moratorium; the regulations enacted by
the City of Palm Springs and the need for data on the effectiveness of those
regulations; density options in residential zones such as limiting the number
of permits within a certain radius, setting a minimum number of nights for
stays, limiting occupants, limiting number of rental days per year, limiting the
number of bookings per year, limiting the number of STVR properties per
person; consensus was reached to table the 300’ radius limitation for now;
consensus in support of hosted homeshares with no minimum stays and
allowing owners to occupy auxiliary dwelling units during homeshares;
consensus to continue the moratorium on homeshares due to the pandemic,
and to avoid a flood of applications from those erroneously claiming to operate
a homeshare; creating a lower fee permit, and accompanying regulations that
apply to owners renting their primary residences a few times a year as
opposed to absentee owners; data shows that 192 permits have been issued
to those renting their primary residences for STVRs or homeshares; consensus
that properties with five or more bedrooms would require a “special event”
permit however, if only eight or less occupants rents such a house, an STVR
permit would suffice.
Council moved on to discuss noise complaints; requiring noise meters on all
STVR properties or just those generating complaints; requiring noise meters
both inside the house and at the property line; distinguishing types of noises
for example loud pool play from children of STVRs versus the children of
residents; requiring noise devices to meet certain specifications; consensus
reached to direct staff to design a noise monitoring pilot program and;
consensus to keep Executive Order No. 9 in place; consensus to keep “quiet
time” to the 10 p.m. to 7 a.m. as stated in the Municipal Code.
Regarding trash complaints, Council reached a consensus to include a
requirement that STVR owners have a trash management plan so that trash
bags and/or bins are not left at curbs for days.
Council took up parking matters next with discussions on requiring a parking
site plan for new and renewing STVR permits; consensus that existing STVR
requirement of 4-persons to 1-vehicle ratio is satisfactory for all guests staying
overnight on the property; consensus that parking for STVRs with five or more
bedrooms will be addressed under the special event permit soon to be
required.
Council discussed the current two-strike regulation versus three-strikes i.e.,
number of citations “strikes” before the property’s permit is suspended and
the consensus was to keep the two-strike regulation in place due to its
effectiveness in reducing complaints.
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Council discussed daytime and nighttime occupancy and reached a consensus
to keep the existing ordinance in place which provides for a range rather than
a fixed number of occupants.
Council asked Staff to explore getting property owners/managers to sign a
statement acknowledging City regulations, and to explore the possibility of
getting all renters to also sign such a document. Additionally, Council wishes
Staff to explore the legality and practicality of getting a deposit from renters
to be held against STVR violations occurring during their stay.
Mayor Evans provided a recap of items on which the Council reached a
consensus as follows:
1. Radius limitation - tabled until Staff provides additional data.
2. Hosted homeshares in residential zones – continue program with no
minimum stays; owners of hosted homeshares may occupy auxiliary
dwelling units while renting the main dwelling unit; continue the
moratorium on homeshares due to the pandemic, and to avoid a flood
of applications from those erroneously claiming to operate a homeshare.
3. Properties with five or more bedrooms – require a “special event” permit
unless it’s rented by eight or less occupants, then a STVR permit would
suffice; parking plans are to be required for a special event permit.
4. Noise – staff directed to initiate a noise monitoring pilot program; “quiet
time” to remain 10 p.m. to 7 a.m. as required by the Municipal Code.
5. Executive Order No. 9 – to remain in effect.
6. Trash – owners to be required to have a trash management plan.
7. Parking – existing requirement of 4-persons to 1-vehicle ratio to remain
for overnight guests.
8. Suspension due to citations – the two-strike regulation to remain in
place.
9. Occupancy – the existing ordinance allowing for a range is to remain in
place.
10. Limiting permits per owner – tabled until Staff provides additional data.
11. Setting minimum nights per stay – tabled until Staff provides additional
data.
12. Limiting rentals per year – tabled until Staff provides additional data.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Evans reminded listeners of the “purple tier” status and urged residents
to support local restaurants and businesses.
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SPECIAL MEETING
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Pena to adjourn at 12:01 a.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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ATTACHMENT 1 to
CITY COUNCIL SPECIAL MEETING
MINUTES
THURSDAY, JANUARY 27, 2021
WRITTEN PUBLIC COMMENTS were received from the citizens below listed in
alphabetical order, prior to the adjournment of the meeting at 12:01 a.m.,
including those received during the live meeting, and have been distributed to
Council and incorporated into the agenda packet:
1. Alejo, Irene – supports STVRs
2. Aleman, Michelle – supports STVRs with more restrictions
3. Anderson, Lee – supports STVRs with crack downs on party houses
4. Anonymous – supports STVRs; provided recommend provisions
5. Armendarez, Edward – opposes STVRs
6. Bakall, Ergun – opposes STVRs
7. Bernick, DeBora - supports STVRs
8. Bernick, Charles – supports of STVRs
9. Beron, Bette – opposes STVRs
10. Best, Lawrence – commented on Staff’s analysis of the Ad Hoc Committee’s
report
11. Bonilla, Elena – supports STVRs
12. Brar, Tony – supports STVRs
13. Briesach, Mary – supports STVRs
14. Brown, Derrick – opposes STVRs
15. Butler, Marty – opposes STVRs
16. Calhoun, Tiffany – supports STVRs
17. Capobianco, Peter – moving out of La Quinta due to STVRs in PGA West
18. Chavez, Shannon – supports STVRs; commented on Ad Hoc Committee’s
recommendations
19. Colby, Chuck – supports STVRs with beefed up enforcement
20. Cunnington, Karayn – opposes STVRs; supports Ad Hoc Committee’s
recommendations
21. Cunnington, Ed – opposes STVRs; supports Ad Hoc Committee’s
recommendations
22. Currie, Cindy – opposes STVRs
23. Cutchin, Marcia – opposes new licenses for non-hosted STVRs
24. Daniels, Lynne – supports STVRs
25. Daniels, Rob – supports STVRs
26. Ditter, Jill – opposes STVRs
27. Ehren, Melissa – opposes STVRs
28. Franco Dianne – supports keeping the moratorium
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29. Futalan, Mark – supports STVRs
30. Futalan, Desiree – supports STVRs
31. Goldfinch, Greg – supports N4N in opposing STVRs
32. Gotshalk, Arlene – opposes STVR
33. Graves, Cathy – opposes STVRs
34. Graves, Dean – opposes STVRs
35. Grenier, Kylie – opposes STVRs; supports N4N’s recommendations
36. Hagerman, Allen – opposes STVR; supports a minimum two-week stay
37. Hefti, Denise – supports STVRs
38. Heitner, Jeff – supports limiting number of STVRs & minimum one-week stay
39. Howard, Angie – supports STVRs
40. Jelus, Carol – supports STVRs
41. Jelus, Paul – supports STVRs
42. Kaiser, Ambrosio – opposes STVRs
43. Kaiser, Jeffrey – opposes STVRs
44. Kaiser, Joanna – opposes STVRs
45. Khan, Anthony – supports STVRs and capping the number of permits issued
46. Khan, Suzanne – supports limiting STVRs to existing permits
47. Kraemer, Linda – opposes STVRs
48. Lambert, Jim – opposes STVRs; supports Ad Hoc Committee’s
recommendations
49. Larson, Kim – opposes STVRs; supports extending the moratorium
50. Lloyd, Walt – opposes STVRs
51. Logan, John – supports STVRs
52. Long Jr., Russ – opposes STVRs; supports N4N
53. Madonado, Carol – supports STVRs
54. McDade, Jason – supports STVRs
55. McGrath, Elaina – supports STVRs
56. McGrath, Sean – supports STVRs and recall of the moratorium
57. Millar, Elaine – opposes STVRs
58. Montavon, Barb – opposes STVRs and illegal ads
59. Nagel, Joni – opposes STVRs
60. Neighbors for Neighborhoods, rep Daniel Villegas – opposes new STVRs
61. Neighbors for Neighborhoods, rep Don Shoffstall – opposes STVRs
62. Nelson, Matthew – opposes STVRs
63. Niederhauser, Steven – supports STVRs
64. Nimis, Connie – opposes STVRs
65. Nimis, Donald – opposes STVRs
66. Porter, Jennifer – supports STVRs
67. Potenza, Nick – opposes STVRs
68. Pracht, Patricia – opposes STVRs
69. Pracht, Terry – opposes STVRs
70. Quill, Paul – opposes STVRs
71. Reed, Diane – supports STVRs
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72. Rolston, Bob – supports limiting STVRs
73. Santiago, Adam – commented on Ad Hoc Committee’s recommendations
74. Savageau, Joe – opposes STVRs
75. Servais, Mike – opposes STVRs
76. Siegel, Neale – opposes STVRs
77. Smith, Mike – supports STVRs
78. Smith, Susie – supports STVRs
79. Smith, Jeff – opposes STVRs
80. Smith, Val – opposes STVRs
81. Soliman, Janet – supports STVRs
82. Speidel, Paul – supports STVRs
83. Stearns, David – opposes STVRs
84. Storbo, Dick – opposes STVRs; supports Ad Hoc Committee’s
recommendations
85. Storbo, Janis - opposes STVRs; supports Ad Hoc Committee’s
recommendations
86. Struthers, George – supports 28-day minimum rentals
87. Struthers, Monica – supports 28-day minimum rentals
88. Sweeney, Michael – supports STVRs
89. Thompson, Marie – opposes STVRs
90. Vano, Jon – opposes STVRs; supports a permanent moratorium
91. Vano, Laura – opposes STVRs; supports a permanent moratorium
92. Venosa, Joe – supports STVRs
93. Vince, Barbara – opposes STVRs
94. VRON-LQ, rep Olivier Chaine – supports STVRs
95. Williams, Linda – opposes STVRs
96. Wilson, Rich – supports limiting STVRs
97. Wolff, Kay – supports extending the moratorium on non-hosted rentals
98. Yukich, Janet – opposes STVRs
99. Yukich, Jim – opposes STVRs
100. Zehnder, Susan – opposes STVRs
101. Zehnder, Werner – opposes STVRs