2022 11 15 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, NOVEMBER 15, 2022
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:30
p.m. by Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk
Radeva, Deputy City Clerk McGinley, Director of Business Unit and Housing
Development Villalpando, Marketing Manager Graham, Community Resources
Manager Calderon, Management Analyst Calderon, Management Specialist
Barkas, Public Works Director/City Engineer McKinney, Management Analyst
Mignogna, Finance Director Martinez, Senior Emergency Management
Coordinator Lagunas, Traffic Management Analyst Gunterson, Management
Analyst Kinley, Design and Development Director Castro, Planning Manager
Flores, Hub Manager Sanchez, Public Safety Manager Mendez.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None
CONFIRMATION OF AGENDA - Confirmed
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 3:31 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:03 P.M. WITH ALL MEMBERS PRESENT
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REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
Mayor Evans reported that Council will recess back to Closed Session after the
Open Session portion of the meeting to continue consideration of Closed
Session Item No. 1.
PLEDGE OF ALLEGIANCE
Councilmember Sanchez led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKERS: Matthew Snyder, Claudia Snyder, Kelly Baucum, La Quinta
- read emails sent to the City Manager, and reported on conversations with
enforcement staff regarding special event permits issued to Robert and Lynn
Daniels of the DuPont Estate (46485 Cameo Palms Dr); explained that the
notification requirements pursuant to the permit and the Municipal Code were
not issued by the owners of the DuPont Estate for some of the recently held
events; asked the City to pursue enforcement accordingly; and stated that
neighbors are prepared to take legal action against the Daniels and the City.
PUBLIC SPEAKER: David Dinnel, Los Angeles and La Quinta - said if Measure
A is approved, he will be forced to sell his home in La Quinta as he will not be
able to afford it without the ability to rent it short-term; and that even though
he is a property owner in La Quinta and pays property taxes as required, he
does not have the right to vote on local matters as his primary residence is
still in Los Angeles until he is able to retire in La Quinta, which he deems as
unfair.
WRITTEN PUBLIC COMMENTS were received, distributed to Council, made
public on the City's website, and included in the public record of this meeting
as follows:
• Matthew and Claudia Snyder, La Quinta - commented on the Special
Events Permit issued to the DuPont Estate (46485 Cameo Palms Dr) and
that notices to residents were not sent out as required per the permit
and the Municipal Code.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. IRONMAN 70.3 INDIAN WELLS - LA QUINTA TRIATHLON -
DECEMBER 4, 2022 EVENT UPDATE AND ROUTE
Traffic Management Analyst Gunterson and Senior Emergency Management
Coordinator Lagunas provided a detailed presentation on the Ironman
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triathlon route, traffic control plan, traffic flow, signage plan, and outreach
program.
IRONMAN RACE DIRECTOR Danial James provided additional information.
Council discussed the traffic control equipment to be used; the pace car driver
preparation; notification of Citrus community residents of gate closures; law
enforcement training manual; verbal instructions from police command to
officers; City staff and police command -center during race; Tennis Garden's
vaccination requirements for participants; number of athletes expected;
return of junior event "Ironkids" next year; signs around City need dates;
phone number on signs goes to Ironman hot line; IWLQ race info, real time
updates; HOAs outreach by Ironman; notification to STVR owners to notify
their guests; ability to confirm that HOA Managers are getting info to all
residents, especially new homeowners; commercial corridor access and "Shop
La Quinta" campaign; and announce this event at the City's upcoming annual
Tree Lighting ceremony.
CONSENT CALENDAR
1. APPROVE COUNCIL MEETING MINUTES OF OCTOBER 18, 2022
2. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE
STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE
CITY MANAGER TO IMPLEMENT TELECONFERENCE
ACCESSIBILITY ONLY WHEN A PUBLIC MEETING OF THE
LEGISLATIVE BODY IS HELD VIRTUALLY PURSUANT TO
ASSEMBLY BILL 361 (STATS. 2021, CH. 165)
3. ADOPT ORDINANCE NO. 604 ON SECOND READING AMENDING
TITLE 8 OF THE LA QUINTA MUNICIPAL CODE AND ADOPTING
THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH
LOCAL AMENDMENTS
4. APPROPRIATE FUNDING IN THE AMOUNT OF $219,538; AWARD
CONTRACT TO DESERT CONCEPTS CONSTRUCTION, INC. FOR
CONSTRUCTION OF THE BLACKHAWK WAY SCHOOL CROSSING
PROJECT NO. 2022-22
5. AWARD CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR
CONSTRUCTION OF THE MOON RIVER DRIVE PAVEMENT
REHABILITATION PROJECT NO. 2022-10
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6. APPROVE DEMAND REGISTERS DATED OCTOBER 28 AND
NOVEMBER 4, 2022
MOTION - A motion was made and seconded by Councilmembers Pena/Radi
to approve the Consent Calendar as recommended, with Item No. 2
reaffirming Resolution No. 2021-035, and Item No. 3 adopting Ordinance No.
604. Motion passed unanimously.
BUSINESS SESSION - None
STUDY SESSION
1. RECEIVE AND FILE ANNUAL REPORT OF ACTIVE DEVELOPMENT
AGREEMENTS (DAs)
Planning Manager Flores presented the staff report, which is on file in the City
Clerk's Office.
Council discussed the remedies the City has available if the Notices of Default
are not cured in the required timeframe; former concessions to developers in
default during the recession; responsibility of developers to live up to the
agreements they enter into; no reduction in mitigation fees should be
considered until all mitigation fees are paid; and inquiries regarding sales of
developments in default.
City Attorney Ihrke explained that the Centre Pointe development has both a
DA and a Disposition and Development Agreement (DDA) under which the
possible remedies available to the City are a lien against the property, or
exercise the right of reversion if the cure period for default is not met; and
acknowledged the work of Planning and Finance staff in tracking very
convoluted agreements that have undergone changes of ownership, swapping
of responsibilities, etc.
Council reached a consensus and directed staff to stay the course on tracking
and enforcing DAs; keep City policy of no fee reductions; and issue notices of
defaults on developers who do not perform in accordance with their DAs.
2. DISCUSS CITYWIDE DRAINAGE IMPROVEMENTS
Management Analyst Mignogna presented the staff report, which is on file in
the Clerk's Office.
Council discussed use of large mobile pumps on a temporary basis; legal
obligation of the Haciendas residential development to pump out its lake, and
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City's recourse if obligation is not fulfilled; changes to retention requirements
after bridge is built; include an update on drainage projects at the next
Community Workshop, including City's revenue sources and project budgets;
prioritization of drainage projects; timeline of projects over the next five (5)
years; additional funding needed; freezing funding allocations until election
results are in, so revenue sources are known; education of citizens is
necessary regarding City reserves, its budget and its real financial situation;
possibility of accelerating drainage projects if mid -year budget shows surplus;
support for in -lieu -fees for small village developments to relieve them of the
burden of building onsite retention; and possibility of using land around the
Museum for retention.
PUBLIC HEARINGS - None
DEPARTMENTAL REPORTS - All reports are on file in the City Clerk's Office.
3. CITY CLERK - SHORT-TERM VACATION RENTAL (STVR)
PROGRAM QUARTERLY REPORT - JULY THROUGH SEPTEMBER
2022
Council discussed the community's belief that the STVR hotline does not work
after-hours and on weekends.
Public Safety Manager Mendez stated that the STVR Hotline is answered by a
person 24/7, provided the phone number, and explained how calls are
handled.
MAYOR'S AND COUNCIL MEMBERS' ITEMS
Mayor Evans reported on recent Chamber of Commerce ribbon -cuttings for
new businesses in La Quinta; Council attendance at the Coachella Valley
History Museum event; the music event at La Quinta Museum; Veterans' Day
event; Veterans' event at the Assisted Living Memory Care center; La Quinta
Art Celebration event, and the volunteer appreciation luncheon; X-Park El
Gato event; Palm Springs Air Museum stealth unveiling event; Volunteers in
Medicine gala; LifeStream gala; and Old Town Artisan Studio's pre -party for
Color of the World upcoming gala.
Councilmember Fitzpatrick reported that she and Councilmember Pena
selected art from three artists for the City's collection; and the organization,
Tools for Tomorrow were instrumental in providing needed volunteers for the
Art Celebration.
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REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2022, Mayor Evans reported on her participation
in the following organizations' meetings:
• CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE
• IMPERIAL IRRIGATION DISTRICT - ENERGY COMMISSION
La Quinta's representative for 2022, Mayor Pro Tem Fitzpatrick reported on
her participation in the following organizations' meetings:
• COACHELLA VALLEY MOUNTAINS CONSERVANCY
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION
La Quinta's representative for 2022, Councilmember Pena reported on his
participation in the following organizations' meetings:
• CVAG PUBLIC SAFETY COMMITTEE
• IMPERIAL IRRIGATION DISTRICT - ENERGY CONSUMERS ADVISORY
COMMITTEE
La Quinta's representative for 2022, Councilmember Radi reported on his
participation in the following organization's meeting:
• CVAG TRANSPORTATION COMMITTEE
La Quinta's representative for 2022, Councilmember Sanchez reported on his
participation in the following organizations' meetings:
• ANIMAL CAMPUS COMMISSION
• LEAGUE OF CALIFORNIA CITIES - TRANSPORTATION,
COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE
City Clerk Radeva reported that the deadline for the Riverside County
Registrar of Voters (ROV) to certify election results is December 8, 2022, and
Ms. Radeva anticipates the City Council's certification, along with related
ordinance and resolutions, will be on the December 20, 2022 Council agenda,
unless the ROV is able to certify the results sooner.
CLOSED SESSION - Continued
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 5:57 P.M.
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MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 6:41 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).
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 6:42 p.m. Motion passed
unanimously.
Respectfully submitted,
V6
MONIKA RADEVA, City Clerk
City of La Quinta, California
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