2022 03 01 CC MinutesCITY COUNCIL MINUTES Page 1 of 10 MARCH 1, 2022
CITY COUNCIL
MINUTES
TUESDAY, MARCH 1, 2022
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 teleconferencing accessibility pursuant to Executive
Orders N-60-20 and N-08-21 executed by the Governor of California, and
subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the
state of emergency relating to novel coronavirus disease 2019 (COVID-19) and
enabling teleconferencing accommodations by suspending or waiving specified
provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.).
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk
Radeva, Acting Deputy City Clerk McGinley, Code Compliance Supervisor
Meredith, Permit Technician Lorette, Director of Business Unit and Housing
Development Villalpando, Community Resource Manager Calderon,
Management Analyst Calderon, Public Safety Manager Mendez, Public Works
Director/City Engineer McKinney, Management Analyst Mignogna, Finance
Director Martinez, Interim Accounting Manager Hallick, Design and
Development Director Castro, Planning Manager Flores, Senior Planner Flores,
Associate Engineer Yu, Marketing Manager Graham, and Management
Specialist Camarena.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.
CONFIRMATION OF AGENDA
City Manager McMillen requested that Business Session Item No. 1 be moved
for consideration at the end of the agenda, and after the Special Joint Meeting
of the City Council and Planning Commission scheduled for 6 p.m. tonight.
Mayor Evans said she would like to comment on Consent Calendar Item Nos.
1 and 4.
Council concurred.
CITY COUNCIL MINUTES Page 2 of 10 MARCH 1, 2022
CLOSED SESSION
1. 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 4:00 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
Mayor Pro Tem Fitzpatrick led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Mayor Evans said WRITTEN PUBLIC COMMENTS were received as listed below,
which were distributed to Council, made publicly available, and were included
in the public record and agenda packet of the meeting:
Rank Tysen, La Quinta – requesting moratorium on massive warehouses;
and
Martha Brown, La Quinta – opposing Pacaso homes operating in residential
areas.
PUBLIC SPEAKER: Alena Callimanis, La Quinta – supplied Council with two
articles and provided a presentation regarding climate change, emissions and
the Colorado River water crisis. She explained how these circumstances affect
the Coachella Valley and spoke in opposition of the proposed Wave at Coral
Mountain Resort project due to its multiple negative environmental impacts to
the Coachella Valley and the wider California environment.
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Philip Bettencourt,
La Quinta – spoke in support of the efforts by California public officials who
are re-examining public retirement (CalPERS and CalSTRS) investments in
Russian securities.
CITY COUNCIL MINUTES Page 3 of 10 MARCH 1, 2022
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
Items were taken out of Agenda order:
3. PROCLAMATION IN RECOGNITION OF MARCH AS RED CROSS
MONTH
Mayor Evans and Councilmembers presented a Proclamation recognizing
March as Red Cross Month to Executive Director Lois Beckman and Board
Member Claudia Haus with the American Red Cross – Riverside County
Chapter.
1. PROCLAMATION RECOGNIZING CAPTAIN HERMAN LOPEZ WITH
RIVERSIDE COUNTY SHERIFF’S DEPARTMENT FOR HIS PUBLIC
SERVICE
Mayor Evans and Councilmembers presented a Proclamation to Captain
Herman Lopez in recognition of his public service; Captain Lopez expressed
his gratitude.
2. INTRODUCE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT NEW
CAPTAIN MICHAEL (MIKE) BIANCO
Council congratulated and welcomed Captain Michael (Mike) Bianco in his new
assignment; Captain Bianco gave a brief overview of his experience and said
he is looking forward to working in La Quinta.
4. GREENLEAF DESERT VIEW POWER, LLC. – A WOODY BIOMASS
ELECTRICAL GENERATING FACILITY ON THE CABAZON
RESERVATION IN MECCA, CALIFORNIA - PRESENTATION
OVERVIEW BY DIRECTOR OF OPERATIONS AND ENGINEERING
MITCHELL MARTIN
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Mitchell Martin,
Director of Operations and Engineering with Desert View Power/Greenleaf
Power, provided a detailed presentation of the agency’s operations in
producing woody biomass electrical power in Mecca, California.
CONSENT CALENDAR
1. EXCUSE ABSENCE OF COMMISSIONER DORSEY FROM THE MAY
11, 2022 FINANCIAL ADVISORY COMMISSION MEETING
CITY COUNCIL MINUTES Page 4 of 10 MARCH 1, 2022
2. RECEIVE AND FILE SECOND QUARTER FISCAL YEAR 2021/22
TREASURY REPORTS FOR OCTOBER, NOVEMBER, DECEMBER
2021
3. APPROVE DEMAND REGISTERS DATED FEBRUARY 11 AND 18,
2022
4. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE JEFFERSON STREET AT AVENUE
53 ROUNDABOUT PROJECT NO. 2017-09
5. APPROVE MEETING MINUTES OF FEBRUARY 1, 2022
6. APPROVE JOINT SPECIAL MEETING OF THE LA QUINTA CITY
COUNCIL AND HOUSING AUTHORITY MINUTES OF FEBRUARY 1,
2022
7. APPROVE MEETING MINUTES OF FEBRUARY 15, 2022
CONSENT CALENDAR COMMENTS:
Item No. 1 - Mayor Evans congratulated Financial Advisory
Commissioner Keith Dorsey on obtaining his doctorate.
Item No. 4 – Mayor Evans expressed her gratitude that the roundabout
project has been scheduled for summer, the slow season with the lowest
impact on residents and businesses.
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/
Radi to approve the Consent Calendar as recommended. Motion passed
unanimously.
BUSINESS SESSION – item moved for consideration to the end of the Agenda.
1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH HGA TO
PROVIDE MASTER PLANNING AND PRELIMINARY DESIGN
SERVICES FOR THE LA QUINTA CULTURAL CAMPUS PROJECT NO.
2019-01
STUDY SESSION
1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM
2021 CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT
OVERVIEW; CURRENT AND FUTURE OBJECTIVES AND
INITIATIVES; AND CITIZENS’ MEASURE INITIATIVE UPDATE
CITY COUNCIL MINUTES Page 5 of 10 MARCH 1, 2022
City Clerk Radeva, Code Compliance Meredith, and Permit Technician Lorette
presented the staff report, which is on file in the Clerk’s Office.
Council discussed the frequency and criteria for lifetime bans on properties
with unpermitted citations; difference in the type of corrective measures taken
when noise violations occur in a STVR versus noise violations by homeowners;
reluctance of residents to call the City hotline with complaints; confidential
nature of all complaint calls to the City’s hotline; no difference in handling of
anonymous versus non-anonymous complaint calls; concern regarding
residents making numerous false complaints to the hotline to boost complaint
numbers as a means to support a total ban; consequences of making habitual
false complaints; patrolling of properties known to be problematic; proactive
outreach to STVR owners taken and increased enforcement staff planned
before festivals begin in April; special event permits submitted for the festival
period; upcoming transient occupancy tax (TOT) forums for owners; update
on launching of the new TOT reporting forms, and customizations required;
feedback from permit holders, and adjustments made in response to their
suggestions; TOT audits done, and plan to conduct audits monthly going
forward; TOT reporting forms, reminders, and instructions emailed by staff to
all active STVR permit holders; improvements in accurate TOT reporting;
reasons for significant increase in TOT revenue in 2021 due to increased rental
rates, increased rental days in permitted properties, and reduction of
unpermitted STVRs, which did not pay TOT; collaboration with the two major
hosting platforms to ban unpermitted STVRs from advertising; savings to staff
resources due to the elimination of unpermitted STVR properties; future plans
to collaborate with other STVR platforms such as Craig’s List to insure only
permitted properties are advertised; progress of the positive results resulting
from the adjustments to, and enforcement of the STVR program;
reasonableness of the STVR ordinance regulations; staff’s efforts to close
loopholes in regulations as owners exploit them; remarkable quality and depth
of data collected and supplied by Staff; negative consequences of removing
STVR ordinance regulations such as re-emergence of unpermitted STVRs;
availability of current data on the City’s website; program now self-supporting
in that current fees now cover the STVR program’s operational and
management costs; and expected increase in STVR permits in exempted areas
as those new areas are developed.
Regarding the Citizens’ Initiative currently being circulated to ban non-hosted
STVRs in non-exempt areas, the Council discussed the citizens’ resubmittal in
January after they missed the deadline to submit the proof of publication on
their first submittal; means of checking the validity of signatures; details of
the affidavit signed by each petition circulator; concern that petition
circulators may not have up-to-date data on the program as they discuss the
matter with potential signers; the importance of posting current, accurate data
CITY COUNCIL MINUTES Page 6 of 10 MARCH 1, 2022
on the City’s website to inform citizens; process for withdrawing one’s name
from a petition is handled by the Elections Official/City Clerk, and must be
done before the petition is submitted to the Elections Official/City Clerk; City
Clerk assistance provided to citizens who request information about the
Initiative, the Initiative proponents, or wish to sign it; requirements to file and
comply with the Fair Political Practices Commission (FPPC) regulations
regarding Committee formation, fundraising, etc.; and scope of the report on
the potential impacts of passage of the Initiative, including the impact on
capital improvements and reserve funds.
Direction to Staff: Prepare a Business Session Item on the scope and timing
of an impact report should the Initiative pass resulting in the elimination of
non-hosted STVRs in non-exempt areas and the lost City revenue from those
permits.
MAYOR EVANS RECESSED THE COUNCIL MEETING AT 5:55 P.M. FOR A
BRIEF RECESS
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:59 P.M.
WITH ALL MEMBERS PRESENT
PUBLIC HEARINGS
1. ADOPT RESOLUTION TO VACATE 150-SQUARE-FOOT PORTION
OF AVENIDA MORALES PUBLIC RIGHT-OF-WAY FRONTING
51780 AVENIDA MORALES IN THE SANTA CARMELITA AT VALE
LA QUINTA SUBDIVISION, UNIT NO. 2 [RESOLUTION NO. 2022-005]
Associate Engineer Yu presented the staff report, which is on file in the Clerk’s
Office.
Council discussed the homeowners’ wall that is already in the area to be
vacated; updating the map to show the vacated area accurately; and notices
issued in compliance with state requirements.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:06 P.M.
PUBLIC SPEAKER: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:06 P.M.
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/
Sanchez to adopt Resolution No. 2022-005 as follows:
CITY COUNCIL MINUTES Page 7 of 10 MARCH 1, 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, VACATING A 150-SQUARE-FOOT PORTION OF AVENIDA
MORALES PUBLIC RIGHT-OF-WAY FRONTING 51780 AVENIDA
MORALES IN THE SANTA CARMELITA AT VALE LA QUINTA
SUBDIVISION, UNIT NO. 2
Motion passed unanimously.
2. CONTINUED FROM FEBRUARY 15, 2022: INTRODUCE FOR FIRST
READING AN ORDINANCE APPROVING A DEVELOPMENT
AGREEMENT FOR POLO VILLAS RESIDENCES; CEQA: THE
PROJECT IS CONSISTENT WITH PREVIOUSLY ADOPTED
ENVIRONMENTAL ASSESSMENTS 2005-537 AND 2010-608;
LOCATION: WEST OF MADISON STREET BETWEEN AVENUES 50
AND 52 [ORDINANCE NO. 599]
Planning Manager Flores presented the staff report, which is on file in the
Clerk’s Office.
Council discussed the timeframe of the fiscal impact in the report; annual TOT
revenue from the project at completion; process to amend the development
agreement should the applicant request it during the 50-year term; fact that
development agreements run with the land not the developer/owners even if
parcels are separated; the inclusion of STVR allowance in the development’s
conditions, covenants and restrictions (CC&R) document; reminder that the
CC&R document and amendment thereto will be reviewed and approved by
the City; Planning Commission comments and concerns; development being
in an isolated, low-density area, and ideal location for hospitality residential –
exactly the intent of the Municipal Code in exempting Development
Agreements from the STVR new-permit-ban; possible reasons for no
responses to notices sent to surrounding homeowners regarding the
Development Agreement; and the development allowance for STVRs which
are subject to all the City’s STVR regulations in the Municipal Code.
MAYOR EVANS ANNOUNCED THAT THE PUBLIC HEARING REMAINED OPENED
FROM THE FEBRUARY 15, 2022 MEETING AND WAS CONTINUED TO THE DATE
CERTAIN OF MARCH 1, 2022
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Fiona Quinn,
Applicant and VP Business Affairs with AvantStay.com – thanked the Council
for considering this project.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:35 P.M.
CITY COUNCIL MINUTES Page 8 of 10 MARCH 1, 2022
MOTION – A motion was made and seconded by Councilmembers Radi/Peña
to make a finding, included in Ordinance No. 599, that adopting this ordinance
is consistent with the previously adopted Mitigated Negative Declarations, EA
2005-537 and EA 2010-608 for Tracts 33085 and 36279. Motion passed
unanimously.
MOTION – A motion was made and seconded by Councilmembers Radi/Peña
to take up Ordinance No. 599 by title and number only and waive further
reading. Motion passed unanimously.
City Clerk Radeva read the following title of Ordinance No. 599 into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF LA QUINTA AND GTGF, LLC RELATING TO POLO
VILLAS RESIDENCES AND A FINDING THAT THE PROJECT IS
CONSISTENT WITH ENVIRONMENTAL ASSESSMENTS 2005-537 AND
2010-608; CASE NUMBER: DEVELOPMENT AGREEMENT 2021-003;
APPLICANT: GTGF, LLC
MOTION – A motion was made and seconded by Councilmembers Radi/
Sanchez to introduce at first reading Ordinance No. 599 to approve
Development Agreement 2021-0003 for Polo Villas Residences. Motion passed
unanimously.
MAYOR EVANS RECESSED THE COUNCIL MEETING AT 6:37 P.M. TO
CONDUCT THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
PLANNING COMMISSION
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:54 P.M.
WITH ALL MEMBERS PRESENT
BUSINESS SESSION – moved from earlier in the Agenda.
1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH HGA TO
PROVIDE MASTER PLANNING AND PRELIMINARY DESIGN
SERVICES FOR THE LA QUINTA CULTURAL CAMPUS PROJECT NO.
2019-01
Management Analyst Mignogna presented the staff report, which is on file in
the Clerk’s Office.
Council discussed HGA’s experience with museum planning; type of event
planned for community input; criteria used to select HGA for the project; the
budget and scope of other projects by HGA; concern that “scope-creep” will
CITY COUNCIL MINUTES Page 9 of 10 MARCH 1, 2022
occur beyond the Museum and lumber yard property, and exceed the funds
available; importance of keeping the Museum staff involved for functionality;
the vision for integrating the two properties; accessibility and seismic issues
with the lumber yard building; lumber yard building not currently designated
a historic building so tear down is one of the options; need for HGA to return
to Council with options and variations before plans are finalized and before
more than 10% of the contract budget is expended; and exploration of grant
funds by staff and HGA.
MOTION – A motion was made and seconded by Councilmembers Radi/
Fitzpatrick to approve agreement for contract services with HGA in the amount
of $457,300 to provide Master Planning and Preliminary Design Services for
the La Quinta Cultural Campus Project 2019-01; authorize the City Manager
to execute the agreement as recommended; and direct HGA to bring
preliminary concepts and budget back to Council prior to Step 9 of their
proposal. 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 attended an event at the La Quinta Resort today
celebrating the 40th Anniversary of long time employee Rosalinda Rodriguez
who has been with the La Quinta Resort since March 1, 1982, at which he
presented her with a City proclamation, and he also reported on the success
of the car show event in Old Town La Quinta on Saturday, February 26, 2022.
Mayor Evans reported on her participation in the Presidents’ Day Parade and
breakfast; and her attendance at the Desert Valley Builders Association with
Councilmembers Peña and Sanchez.
Councilmember Sanchez reported that he has received many compliments
from residents regarding the improvements at the skate park, particularly the
new shade structure.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2022, Mayor Evans reported on her participation
in the following organizations’ meetings:
CVAG EXECUTIVE COMMITTEE
GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU
IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY
COMMISSION
ECONOMIC DEVELOPMENT SUBCOMMITTEE
CITY COUNCIL MINUTES Page 10 of 10 MARCH 1, 2022
La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on
her participation in the following organization’s meeting:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
La Quinta’s representative for 2022, Councilmember Radi reported on his
participation in the following organization’s meeting:
SUNLINE TRANSIT AGENCY
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Sanchez to adjourn at 9:40 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California