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2020 10 20 CC MinutesCITY COUNCIL MINUTES Page 1 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   CITY COUNCIL REGULAR MEETING AND SPECIAL JOINT STUDY SESSION MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 20, 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 CITY STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, Deputy City Clerk Radeva, Deputy City Clerk Romane, Finance Director Romero, Human Resources Analyst Triplett, Management Specialist Kinley, Senior Planner Flores, Design and Development Director Castro, Community Resources Director Escobedo, and Public Works Director/City Engineer McKinney. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Peña requested that Consent Calendar Item No. 3 be pulled for separate vote, and said he will recuse himself from discussion and voting on the item due to a potential conflict of interest stemming from the proximity of his real property to this project. Mayor Evans requested that Consent Calendar Item No. 6 be pulled from the Consent Calendar and considered as Business Item No. 3. Council concurred. CITY COUNCIL MINUTES Page 2 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   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 (Review Continued Need and Response to Proclaimed State and Local Emergencies Caused by COVID-19.) 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) 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 section 54950 et. seq. (Brown Act).  CLOSED SESSION ITEM NO. 1 – The City Council continued the discussion of the status of state and local emergencies caused by the threat of the spread of novel coronavirus 2019 (COVID-19); and discussed modifications to Round III COVID-19 Small Business Emergency Economic Relief Program, which Council will consider as Business Session Item No. 2 on tonight’s agenda.  CLOSED SESSION ITEM NO. 2 – no actions taken. PLEDGE OF ALLEGIANCE Councilmember Radi led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE City Clerk Radeva announced the WRITTEN PUBLIC COMMENTS received up until 4:00 p.m., which are listed under the relevant agenda items below; said staff will continue to monitor emails until the adjournment of the meeting; all comments received will be distributed to Council and will be incorporated into the agenda packet. CITY COUNCIL MINUTES Page 3 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   PUBLIC SPEAKERS VIA TELEPHONIC ACCESSIBILITY listed in the order in which they spoke: 1. Anderson, Brad (Rancho Mirage) – recommends defunding the Coachella Valley Mosquito and Vector Control District and contracting with a private business who may do a better job. 2. Barbosa, Victor (La Quinta) – owns Toscano’s restaurant and a second home in La Quinta which he rents for STVRs; and supports STVRs. 3. Ruiz, Rema (La Quinta) – she and her sisters rent their late mother’s house for STVRs; supports guests being responsible for paying citations rather than owners; and supports STVRs. 4. Block, Rick (La Quinta) – owns two STVR properties in La Quinta and has never received complaints from neighbors; and supports STVRs. 5. Linares, Fernando (Los Angeles, CA) – owns a STVR property in the Cove; and supports STVRs. 6. Covely, Fred of VRON-LQ (Vacation Rental Owners & Neighbors of La Quinta) – owns a STVR in La Quinta; and supports STVRs. 7. Chavez, Shannon, VRON-LQ (Covina, CA) – supports holding hosts and guests accountable; recommends collecting and publishing detailed data on complaints; and supports STVRs. 8. Colela, Dr. Mark (La Quinta) – PGA West homeowner; rents his home via the STVR program without problems; and supports STVRs. 9. Parness, Karen (La Quinta) – holds a STVR permit; and supports lifting the STVR moratorium on HOA communities. 10. Nevels-Yanchar, Stephanie (Seattle, WA) – owns a STVR in PGA West; concerned about unwarranted complaints from neighbors; and supports fining guests not owners. 11. El Moussa, Dominique (La Quinta) – rents a home via STVR program when her family is not using it; believes hotels are lobbying the City to eliminate STVRs; and supports STVRs. 12. Loewen, Patricia (La Quinta) – owns a STVR in PGA West; recommends that only “bad apples” are penalized, and those making unwarranted complaints; and supports lifting the moratorium on STVRs in HOA communities. 13. Zelinsky, Carol (La Quinta) – only STVRs not in compliance should be penalized; and supports STVRs. 14. de Sam Lazaro, Richard, Expedia Group/VRBO (Seattle, WA) – supports the STVR Program Ad-Hoc Committee’s recommendations; provided additional recommendations that VRBO and similar platforms could enact to increase compliance; and supports STVRs. 15. Batista, Thomas (San Jose, CA) – owns a second home in PGA West rented since 2018 as a STVR; concerned about unfounded complaints; and supports STVRs. 16. Marsh, Kathy (Palo Alto, CA) – owns a second home in PGA West; supports lifting the moratorium on new permits in PGA West; and believes detailed data is needed to identify serial offenders and erroneous complaints. CITY COUNCIL MINUTES Page 4 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   17. Breeswine, Carrie (La Quinta) – permanent resident of PGA West; believes accurate data is needed; and finds it miserable living near STVRs. 18. Slagter, Lisa (La Quinta) – Coachella Valley was built on vacation rentals and tourism, there is no other industry in La Quinta; STVR homes are better maintained than long-term rentals; supports STVRs; and supports eliminating mosquitos. 19. Zamora, Fred (La Quinta) – contractor; supports STVRs because they provide him with work and income; and recommends penalizing only violators. 20. Stauber, Matthew (La Quinta) – works in STVR property management and maintenance which provides many jobs for La Quinta families; supports lifting the moratorium; and supports focusing on problem properties. 21. Sheth, Nick (La Quinta) – owns a STVR in PGA West as well as a primary residence in La Quinta Estates; believes there is a lack of data on which to make responsible decisions; supports installing in-house monitors; and supports continuing the STVR program. IN-PERSON PUBLIC SPEAKERS listed in the order in which they spoke: 1. Estrada, Eddie (La Quinta) – owns a STVR in PGA West; belongs to a group of 150 PGA West STVR owners who are developing rules to improve the program and considering hiring their own private security; and said consistency is needed among all STVR owners. 2. Gray, Richard (La Quinta) – supports limiting STVRs in residential neighborhoods; opposes the “road diet” on Adams Street, recommends solar flashing lights instead and having a crosswalk only at the intersection; and recommends increasing and dispersing the number of voting centers around the City. 3. Stauber, Susan (La Quinta) – opposes over-regulating professional STVR owners; supports focusing on problem owners; supports lifting the moratorium; and questioned Council discussing the moratorium in Closed Session. City Attorney Ihrke and Mayor Evans clarified that the current moratorium applies to new STVR permits only, not renewals, and was originally duly issued as an Emergency Order of the City Manager to prevent STVR guests bringing the COVID-19 virus into the City. Extending the moratorium on new permits was discussed in Closed Session in accordance with State law as the increased number of complaints overwhelmed Code Enforcement posing a threat to public services making it necessary to halt the issuance of new permits until the City had the ability to manage existing STVR permits. IN-PERSON PUBLIC SPEAKERS (continued): 4. Tamm, Jalena (Newport Beach/La Quinta) – member of the STVR Program Ad-Hoc Committee; Committee recommendations to date are not based on CITY COUNCIL MINUTES Page 5 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   data; and detailed data is needed from the City in order for the Committee to proceed. 5. Dinnel, David (Los Angeles/La Quinta) – opposed to a complete ban on STVRs; consequences to STVR owners if banned; and spoke of options owners would have if the City baned STVRs, which would be all negative to the City and the neighborhoods. 6. McCowan, Robert (La Quinta) – PGA West permanent resident; supports limiting the number of STVR permits; and questioned how Executive Order No. 9 is enforced. City Manager McMillen and Council explained the complaint process, how the City works with PGA West Security and what constitutes a strike against an owner; explained the process for the immediate 90-day suspension on a permitted STVR; and noted that there are areas of the City that are zoned specifically for STVR purposes. IN-PERSON PUBLIC SPEAKERS (continued): 7. Spears, Ron (La Quinta) – Chairman of the Salton Sea Restoration Committee; requested that Council adopt a resolution in support of the Desert Shores Channel Restoration Project at the Salton Sea. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. SUNLINE TRANSIT AGENCY – 5TH ANNUAL STUDENT ART CONTEST PRESENTATION BY SUNLINE TRANSIT AGENCY REPRESENTATIVE; AND THANK YOU TO THE CITY OF LA QUINTA FOR ITS SPONSORSHIP Nicholas Robles, Marketing and Events Manager for Sunline Transit Agency gave a brief presentation on the 5th Annual Student Art Contest; thanked the City Council for co-sponsoring; and showed a short video showcasing the artwork. 2. CERTIFICATE OF RECOGNITION COMMENDING STUDENTS FOR RAISING ENVIRONMENTAL AWARENESS BY KAYAKING ACROSS THE SALTON SEA Mayor Evans said WRITTEN PUBLIC COMMENTS were received from Chuck Parker (Desert Hot Springs). City Clerk Radeva read into the record submitted by Mr. Parker – thanking Council for issuing a Certificate of Recognition to the Three Coachella Valley high school students who kayaked across the Salton Sea to draw attention to the need for restoration to protect the economy and the health of Coachella Valley residents; requested Council adopt a Resolution of Support for a comprehensive analysis of ocean water importation to restore the Salton Sea; and recommended that Council appoint a La Quinta representative to the Salton Sea Management Plan’s Engagement Committee. CITY COUNCIL MINUTES Page 6 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   Mayor Evans presented a Certificate of Recognition to Evelyn Garcia, Laten Jones and Clayton Jones for kayaking across the Salton Sea to raise environmental awareness. CONSENT CALENDAR 1. APPROVE DEMAND REGISTERS DATED OCTOBER 2 AND 9, 2020 2. ADOPT RESOLUTION TO APPROVE FINAL PARCEL MAP NO. 37823 LOCATED ON THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET [RESOLUTION NO. 2020-035] 3. Item pulled for separate vote by Councilmember Peña >>> ACCEPT AVENIDA BERMUDAS AMERICANS WITH DISABILITIES ACT MISCELLANEOUS IMPROVEMENTS LOCATED ON AVENIDA BERMUDAS BETWEEN MAIN STREET AND CALLE CADIZ IN OLD TOWN (PROJECT NO. 2019-09/COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 4.LQ.38-19) 4. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH HERMANN DESIGN GROUP, INC FOR ADDITIONAL DESIGN SERVICES FOR THE SILVERROCK EVENT SITE PROJECT NO. 2016-08 5. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR EISENHOWER DRIVE: FROM CALLE SINALOA TO AVENIDA MONTEZUMA; FROM AVENIDA MONTEZUMA TO CALLE TAMPICO; AND FROM CALLE TAMPICO TO AVENUE 50 [RESOLUTION NO. 2020- 036] 6. Item pulled from the Consent Calendar by Mayor Evans and moved to Business Session Item No. 3 >>> APPROVE A CODE COMPLIANCE OFFICER I POSITION TO THE COMMUNITY RESOURCES DEPARTMENT, CODE COMPLIANCE DIVISION AND RELATED BUDGET ADJUSTMENT MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to approve Consent Calendar Item Nos. 1, 2, 4, and 5 as recommended, with Item Nos. 2 and 5 adopting Resolutions Nos. 2020-035 and 2020-036, respectively. Motion passed unanimously. MAYOR PRO TEM PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 3 DUE TO THE POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY TO THE PROJECT SITE CITY COUNCIL MINUTES Page 7 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   CONSENT CALENDAR ITEM NO. 3 MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to approve Consent Calendar Item No. 3 as recommended. Motion passed: 4 ayes, 0 noes, 1 abstain (Peña). BUSINESS SESSION 1. INTERVIEW AND APPOINT ONE RESIDENT TO THE FINANCIAL ADVISORY COMMISSION Council waived presentation of the staff report, which is on file in the Clerk’s Office. Mayor Evans thanked the applicants for their willingness to serve and explained the process Council follows in conducting the interviews and appointing members. The following applicants gave a brief presentation of their experience and qualifications:  Keith Dorsey  Ellen Way Results of the ballot vote: Councilmember Fitzpatrick – Keith Dorsey Councilmember Peña – Ellen Way Councilmember Radi – Keith Dorsey Councilmember Sanchez – Ellen Way Mayor Evans – Ellen Way MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to appoint Ellen Way to serve on the Financial Advisory Commission for the unexpired term ending June 30, 2023. Motion passed unanimously. 2. APPROVE MODIFIED ROUND III COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM FOR LA QUINTA BUSINESSES IMPACTED BY COVID-19 Management Specialist Kinley presented the staff report, which is on file in the Clerk’s Office. Council discussed the program’s reimbursement process; the USA Today article noting La Quinta’s program and the growing popularity of the program and the communications with other cities to help them implement similar programs for their small businesses; the upfront cost of the program for business retention CITY COUNCIL MINUTES Page 8 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   being more beneficial than trying to replace lost businesses; La Quinta business vacancy rates are relatively low despite the pandemic; the City’s efforts in lieu of State and County mandates; and the importance of reinvesting into the community. MOTION – A motion was made and seconded by Councilmembers Peña/ Sanchez to approve modified Round III COVID-19 Small Business Emergency Economic Relief Program as outlined below to provide mortgage/rent and utilities relief reimbursement opportunity to eligible businesses for the month of August 2020:  Offer one-time 75% one-month rent/mortgage and utility reimbursement for the month of August 2020 to La Quinta businesses consisting of nail salons, facial and esthetician services, shaving, waxing and threading, massage therapy, body art, tattoo and piercing, fitness centers, hair salons and barbershops, impacted by the California state mandate to cease indoor operation, for a total not to exceed amount of $10,000.  Offer one-time 50% one-month rent/mortgage and utility reimbursement for the month of August 2020 to La Quinta businesses consisting of restaurants and retail establishments experiencing severe financial hardships due to COVID-19 in an amount not to exceed $10,000. Motion passed unanimously. 3. Pulled from Consent Calendar by Mayor Evans and moved to Business Session Item No. 3 >>> APPROVE A CODE COMPLIANCE OFFICER I POSITION TO THE COMMUNITY RESOURCES DEPARTMENT, CODE COMPLIANCE DIVISION AND RELATED BUDGET ADJUSTMENT Human Resources Analyst Triplett presented the staff report, which is on file in the Clerk’s Office. Council discussed the importance of transparency when approving a new position and emphasized the need for another Code Compliance Officer; and the new position’s critical role in ensuring the City has the right resources available to enhance and improve the enforcement of the STVR Program. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to approve the addition of one Code Compliance Officer I position to the Community Resources Department, Code Compliance Division, and related budget adjustment as recommended. Motion passed unanimously. PUBLIC HEARINGS – None MAYOR EVANS RECESSED THE REGULAR COUNCIL MEETING AT 7:12 P.M. FOR A SHORT BREAK BEFORE CONDUCTING THE SPECIAL JOINT STUDY SESSION MEETING BETWEEN THE LA QUINTA CITY COUNCIL AND LA QUINTA PLANNING COMMISSION CITY COUNCIL MINUTES Page 9 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   SPECIAL JOINT STUDY SESSION BETWEEN THE LA QUINTA CITY COUNCIL AND LA QUINTA PLANNING COMMISSION CALL TO ORDER – Planning Commission The special Joint Study Session meeting between the La Quinta City Council and La Quinta Planning Commission was called to order at 7:51 p.m. by Mayor Evans and Chairperson Proctor with all Councilmembers present. PRESENT VIA ZOOM: Commissioners Bettencourt, Caldwell, Currie, Libolt Varner, McCune, Nieto, and Chairperson Proctor Chairperson Proctor asked Mayor Evans to act as presiding officer for the Planning Commission during the Special Joint Study Session meeting. JOINT STUDY SESSION – City Council and Planning Commission 1. DISCUSS PROPOSED AMENDMENTS TO TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO HOME OCCUPATIONS, COVE DEVELOPMENT STANDARDS, AND IMAGE CORRIDOR STANDARDS Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office. General discussion followed about amending the City’s Home Occupation permit regulations; the state’s requirements of highly regulated service-based businesses such as nail and hair services, and concerns related to ensuring compliance within the City; current inspection process for Home Occupation permits; service-based businesses effects on neighborhood parking; concerns related to microenterprise kitchen operation businesses adhering to occupancy limits; the City’s legal obligation to adopt Assembly Bill 626 (AB 626) allowing microenterprise kitchen operations, and additional restrictions that the City can put in place; microenterprise kitchen restrictions on the number of meals, visitors, and yearly gross receipts; providing an opportunity for people to earn income who are unable to own a storefront; outdoor cooking being allowable and regulated under AB 626 and State law; the business license permitting process and requirements; coordination with staff to evaluate the capability of increasing inspections and ensuring home occupation businesses are not operating without a license and are adhering to all other City regulations; the City’s jurisdiction in limiting certain aspects of microenterprise kitchens that are not inconsistent with State and County law, such as time of operations, parking, and food pick-ups; defining what constitutes a service, and clarification on the intended use of a CITY COUNCIL MINUTES Page 10 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   home occupation permit which must also comply to residential land uses; the incentive for those working from home to get a City business license; the differing state regulations that separate the ability for microenterprise kitchens to have visitors to dine-in versus food pick-up; the requirement for any business to have an Alcohol and Beverage Control License if alcohol will be consumed on the premises; the need to separate general home occupation permits from microenterprise kitchen permits; the La Quinta Municipal Code (Code) prohibits home occupation permits for any medical or dental business in residential zones; and potential for limiting certain service businesses that become too prevalent in the residential zones. General discussion followed about removing the Cove Residential (RC) District Development Standards in the La Quinta Cove (Cove) and changing it to the city-wide Residential Architectural Design Standards; ensuring that the smaller residential lot sizes in the Cove will not conflict with the proposed standards; the updates simplify navigation through the Code; and to consider allowing “tiny homes” and shipping container homes to be built on small lots would require amending the City’s minimum home size of 1,200 square feet. General discussion followed about amending height limit approvals near image corridors; the process of review and approvals for grand scale projects, and the purpose of adding a Minor Use Permit requirement for developers looking to exceed the 22-foot height limit; ensuring findings of a project are consistent with the La Quinta General Plan, Zoning Code, and allowable land uses; and proposed building heights may exceed 22-foot limit, but are still limited by the zone in which it’s located. Council and the Planning Commission spoke in general support to provide clarification on the allowable home occupation services in compliance with the City’s residential land uses; separate the process and regulations between home occupation permits and microenterprise kitchen operations; ensure that microenterprise kitchens are adhering to occupancy limits, and should have at least one off street parking space; staff to coordinate the capability of increasing home occupation inspections and monitoring compliance; move forward with the recommended change in the Cove from the RC District Development Standards to the city-wide Residential Architectural Design Standards; and to move forward with the recommended changes to allow developments to exceed the one story limit and 22 feet height limit, but still within the maximum height of the existing zone. ADJOURNMENT – Planning Commission A motion was made and seconded by Planning Commissioners Bettencourt/ Caldwell to adjourn the Special Joint Study Session meeting between the City Council and Planning Commission at 9:24 p.m. CITY COUNCIL MINUTES Page 11 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   MAYOR EVANS RECESSED THE CITY COUNCIL MEETING AT 9:25 P.M. FOR A SHORT BREAK MAYOR EVANS RECONVENED THE REGULAR CITY COUNCIL MEETING AT 9:33 P.M. WITH ALL MEMBERS PRESENT STUDY SESSION (continued – City Council) 2. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE’S ENFORCEMENT RECOMMENDATIONS Design and Development Director Castro, Community Resources Director Escobedo, and STVR Program Ad-hoc Committee Vice Chair McDonough presented the staff report, which is on file in the Clerk’s Office. WRITTEN PUBLIC COMMENTS were received from the citizens listed below in alphabetical order, prior to the adjournment of the meeting at 12:04 a.m., including those received during the live meeting, and have been distributed to Council and incorporated into the agenda packet: 1. Airbnb comments provided by John Choi, Policy Manager (Los Angeles, CA) – providing recommendations on steps and tolls the City could implement to ensure STVR compliance. 2. Batista, Thomas (San Jose, CA) – supports STVRs. 3. Chavez, Shannon (Covina, CA) – provided data regarding complaints and citations for all STVRs in 2020 year-to-date for review and consideration. 4. Chernavsky, Damon (Los Angeles, CA) – supports STVRs. 5. Choi, John (Los Angeles, CA) - 6. Dal Poggetto, Jon (San Juan Capistrano, CA) – supports STVRs. 7. de Sam Lizaro, Richard on behalf of Expedia Group (Seattle, WA) – support STVRs. 8. El Moussa, Dominique (La Quinta) – supports STVRs. 9. Esmeralda, Nelda (La Quinta) – supports STVRs. 10. Fairchild, Jason (La Quinta) – supports STVRs. 11. Hastie, John (La Quinta) – adopt “wait and see” approach and act only when the data dictates it is necessary; and supports STVRs. 12. Hoffman, Micah (La Quinta) – supports STVRs and against a ban on STVRs. 13. Kahn, Anthony (La Quinta) – supports STVRs. 14. Lambert, Jim (La Quinta) – opposes STVRs. 15. Lin, Allen (La Quinta) – supports STVRs. 16. Lucas, Laura (La Quinta) – supports STVRs. 17. Lucas, Graham (La Quinta) – supports STVRs. 18. Machok, Daniel (La Quinta) – supports STVRs. 19. Machok, Julie (La Quinta) – supports STVRs. CITY COUNCIL MINUTES Page 12 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   20. Maldonado, Carol (La Quinta) – supports STVRs. 21. Moran, Amanda (La Quinta) – supports STVRs. 22. Moran, William (La Quinta) – supports STVRs. 23. Pagano, John (La Quinta) – supports STVRs. 24. Parham, Sean (La Quinta) – supports STVRs. 25. Pelzel, Jeff (La Quinta) – supports STVRs. 26. Pinson, Adrian (La Quinta) – supports STVRs. 27. Reyes, Laura (La Quinta) – supports STVRs. 28. Reyes, Robert (La Quinta) – supports STVRs. 29. Ruiz, Rema (La Quinta) – supports STVRs. 30. Sanchez, Maria (La Quinta) – supports STVRs. 31. Smith, Jeffrey (La Quinta) – opposes STVRs. 32. West, Vanessa (La Quinta) – supports STVRs. 33. Wolff, Kay (La Quinta) – opposes STVRs. General discussion followed about the types of data shared with the STVR Ad- Hoc Committee (Committee) and its Subcommittees; the Committee having full disclosure of all the data in the City’s possession, and opportunities to improve the types of data tracked; the Committee receives all public comments submitted to Council related to STVR; the process for responding to complaints and how they are substantiated; emphasized the purpose of the Committee is to ensure the City can implement a sustainable STVR program; the importance of solving the critical issues and reviewing both the qualitative and statistical data; STVR owners’ response time to a complaint and Staff’s recommendation to decrease the required response time from 45 minutes to 30 minutes; number of STVR owners who do not comply within the 45 minute response time to cure a complaint; STVR hotline phone number amended to have a local area code in addition to a text message being sent to the STVR owner; current inspection process for discrepancies on the number of bedrooms; proposed recommendations for permanent fixture in the home listing STVR regulations and increased inspection requirements; the STVR permitting vendor, LodgingRevs, to ensure compliance of STVR advertisements; officers cross- trained in STVR, and the onboarding and training of the newly approved Code Enforcement Officer I position; the roles and training of the third-party security company the City hired; the City’s ability to recover software license costs for holding the proposed STVR workshops and training program; process for implementation of the modified regulations; notifying neighboring properties of STVR suspension by letter in the mail, and potential of cost recovery of staff time and postage; defining amplified noise and measuring sound decibels; quiet hours; increasing the consequences for STVR operating without a permit, and the City’s legal ability to do so; commended staff and the Committee’s hard work and dedication on the proposed recommendations; STVR permits are held by property owners, not the property, thus STVR permits do not run with the land; and the need to identify the individuals holding ownership of LLCs and other business entities holding STVR permits to prevent unwanted transfers. CITY COUNCIL MINUTES Page 13 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   PUBLIC SPEAKERS VIA TELEPHONIC AND TELECONFERENCE ACCESSIBILITY listed in the order in which they spoke: 1. Parnell, Karen (La Quinta) – owns a STVR; concerned that the Committee’s recommendations were made without complete data; and requests more transparency and information from the Committee. Council discussion followed about the role of the Committee to provide guidance to Council, and Council’s discretion regarding acceptance/rejection of recommendations and the responsibility for making the legislative decisions regarding the STVR Program rests with the Council. 2. VIA Zoom: Michele McDonough (La Quinta), Committee Vice Chair - explained that the Committee’s Marketing Subcommittee proposes the creation of a survey for La Quinta residents; the Subcommittee will also be examining the check-in process for STVR; and the timeline for presentation of the other Subcommittees’ recommendations for Council consideration. 3. Bradley, Ryan (La Quinta) – owns a STVR property and manages STVRs for other owners; noted that only three of the 1,500 plus permit holders have been suspended for noncompliance within the 45-minute cure period; concerned that the Committee has presented recommendations not based on any data; and suggested delaying all decision until detailed data is analyzed to accurately identify the degree of the problem. General discussion followed about including the qualitative data, e.g. emotional data, into consideration when discussing recommendations; the purpose of the Committee, which was established prior to the pandemic and the purpose of selecting volunteers with diverse views as members; the history of the STVR Program and the need to make improvements as new issues arise; the goal of the STVR program is to have minimal impact on full time residents; the importance of reaching a consensus to achieve a balance in the program; the value of multiple points of view in policy making; the City Council’s inability to discuss issues amongst themselves outside of a public meeting in accordance with the Ralph M. Brown Act; the efforts being made to fine-tune the program; a request that Staff provide the Council with the same data Staff provided to the Committee; and direction to add another STVR Study Session item at the next meeting to examine the data. 3. RECEIVE AND FILE ANNUAL REPORT OF ACTIVE DEVELOPMENT AGREEMENTS Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 14 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   Council discussed the majority of the Development Agreements (DA) are compliant; clarified the Centre Pointe $546,131 Transient Occupancy Tax (TOT) threshold that the development would need to meet in order to have the HOA fees removed or reduced; Centre Pointe is non-compliant in their performance schedule and in default of the DA, and the Disposition and Development Agreement (DDA) with the former La Quinta Redevelopment Agency; potential for bringing a breach of contract action to Centre Pointe; alternative remedies are to issue a Notice of Default and give a period for the development to cure, or execute a modification consistent with the DA; tax revenue affected by the lack of performance by Centre Pointe; options are to buy back the parcels, issuing an order forcing Centre Pointe into compliance, or seeking damages; Centre Pointe is current on its mitigation fees but behind on construction; and importance of developers fulfilling their obligations and not delaying year after year. Council spoke in general support of bringing the Centre Pointe Development into compliance with their DA; and thanked staff for the update. 4. DISCUSS TRAFFIC STUDY FOR ADAMS STREET NEAR LA PALMA DRIVE Public Works Director/City Engineer McKinney and Traffic Engineer Consultant Libring presented the staff report, which is on file in the Clerk’s Office. WRITTEN PUBLIC COMMENTS were received from the citizens listed below in alphabetical order, prior to the adjournment of the meeting at 12:04 a.m., including those received during the live meeting, and have been distributed to Council and incorporated into the agenda packet: 1. Church, Daniel (La Quinta) – provided recommendations to achieve pedestrian safety when crossing Adams St. 2. Gray, Richard (La Quinta) – provided recommendations to achieve pedestrian safety when crossing Adams St. 3. Klempa, Stephen (La Quinta) – provided recommendations to achieve pedestrian safety when crossing Adams St. Council discussed safety concerns related to painting a crosswalk as opposed to the road diet; performance of an informal pedestrian count at the intersection; no pedestrian related accidents reported in the last five years; opposition towards installing the self-closing gate at Adams Park; lowering speed limits on certain segments of the street and conducting a speed survey; the use of Gas Tax funds to provide funding for the road diet; and the timing of construction. CITY COUNCIL MINUTES Page 15 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   Council spoke in general support of implementing a road diet on Adams Street between Fred Waring Drive and Miles Avenue whereby one travel lane in each direction is eliminated; continuing to enforce the speed limit; removing the option to install self-closing gates at Adams Park; and conducting a speed survey after the road diet to reevaluate the speed limits at certain segments of Adams Street. DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. Council thanked the Riverside County Fire Department for revising their Departmental Report to separate the mutual aid section showing the number of incidents where La Quinta resources are responding to other jurisdictions. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Radi attended and spoke on a panel with California Senator Melissa Melendez and Palm Springs Councilmember Middleton at the Civic Engagement Perspectives from California Leaders event for students discussing the importance of voting. Mayor Evans and Councilmember Sanchez attended the President Volunteer Service Awards reception recognizing recording artist and philanthropist Laura Angelini for her efforts to raise awareness and provide support and assistance with some of the toughest humanitarian and environmental challenges facing our world. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Mayor Evans reported on her participation in the following organizations meeting:  CVAG EXECUTIVE COMMITTEE  GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organization meeting:  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2020, Councilmember Radi reported on his participation in the following organization meeting:  CVAG TRANSPORTATION COMMITTEE CITY COUNCIL MINUTES Page 16 of 16 October 20, 2020 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION   ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 12:04 a.m. Motion passed unanimously. Respectfully submitted, NICHOLE ROMANE, Deputy City Clerk City of La Quinta, California