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2022-05-04 CastroFirefox https://outlook.office.com/mail/deeplink?Print Article in Desert Sun re Coral Mountain Resort project Danny Castro <dcastro@laquintaca.gov> Wed 5/4/2022 7:12 PM To: Danny Castro <dcastro@laquintaca.gov> Cc: Cheri Flores <clflores@laquintaca.gov>;Tania Flores <tflores@laquintaca.gov> Hello Commissioners, I want to make sure you are all aware of an article that just came out in the Desert Sun regarding the Planning Commission meeting on the Coral Mountain Resort project. I am sharing the article here: La Quinta residents opposed to surf resort want commissioner to resign. Here's why and how the city responded Sherry Barkas Palm Springs Desert Sun View Comments 2:46 0:20 A group of residents who oppose a proposed surf resort in La Quinta have called for the removal of a planning commissioner they say acted inappropriately and disrespectfully during the April 26 meeting regarding the Coral Mountain Resort. The complaint was filed with the City Council on Tuesday by Alena Callimanis, a representative of the citizens group La Quinta Residents for Responsible Development, also known as LQRRD, which has repeatedly voiced opposition to the Coral Mountain Resort. 1 of 5 5/30/22, 11:58 AM Firefox https://outlook.office.com/mail/deeplink?Print The complaint is against Commissioner Kevin McCune, who voted in favor of the 386-acre project that is planned at the southwest corner of Avenue 58 and Madison Street. It alleges that McCune used inflammatory rhetoric, made derogatory comments and was disrespectful of opponents' opinions. The city attorney, however, disagrees with the complaint, saying that he was at the meeting and believes McCune acted in a professional manner On April 26, commissioners moved the project to the City Council with recommendation for approval in two votes. The first was for certification of the environmental impact report, which passed 5-2. The second motion was for overall approval of the project, including the General Plan amendment that adds "tourist commercial" to the zoning to allow for the hotel, wave basin and other resort amenities. That motion passed 4-3. 1 1 Coral Mountain Resort is a $200 million master -planned resort community proposed by CM Wave Development LLC that includes a private -use, 16.6-acre wave basin which has been the source of opposition from residents living in neighboring communities including Trilogy and Andalusia. Concerns about the potential for increased traffic, noise and lighting from the wave basin also have been voiced by opponents. Just for you: If you aren't getting the La Quinta newsletter, why not? The proposed development also includes a hotel, 104 hotel villas and 600 privately owned homes. A general plan amendment sought by developers would add a tourist commercial zone to the current zoning for low - density housing. 2 of 5 5/30/22, 11:58 AM Firefox https://outlook.office.com/mail/deeplink?Print Callimanis cited the city's Rules of Procedure resolution which states that council and commission members "shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities." McCune, she said, "made derogatory comments, not only about our public comments but about fellow planning commissioners that were opposed to the project." He also demonstrated a lack of respect and was critical of opponents who commented, Callimanis said, "and all the while he's pounding on the table to emphasize his comments." "That was not appropriate behavior for a planning commissioner...," Callimanis said. She and her group requested that the City Council have McCune resign from the Planning Commission and set aside the vote on Coral Mountain Resort, and bring it back to the commission at a future for a new vote. Callimanis' addressed the council during the public comments on items not on the agenda portion of the meeting, prohibiting council members from responding without violating California's rules for open meetings. A review of the video from the April 26 planning commission meeting shows that during his 3 minutes and 50 seconds of comments before commissioners voted on Coral Mountain Resort, McCune can be seen speaking with his hands and in emphasizing his points, he taps his finger on the dais. He echoes what other commissioners in favor of the project had already said, including that he trusts the experts who provided the analyses and data for the development. 3 of 5 5/30/22, 11:58 AM Firefox https://outlook.office.com/mail/deeplink?Print He uses "damn" a couple of times, including in a statement about the hotel tax revenues the resort could bring to the city if approved. "I am forward thinking on tax revenues. Damn right I am...," McCune said. When contacted Wednesday morning, McCune told The Desert Sun he didn't want to comment on the complaint, saying he felt City Attorney Bill Ihrke's response Tuesday was enough. 'My impression was very different' Ihrke, who attended the April 26 Planning Commission meeting, responded to the complaints at the request of Mayor Linda Evans. "My impression was very different from what Ms. Callimanis is presenting to the council," Ihrke said, adding he felt all of the commissioners acted with professionalism and in accordance of what the city expects. "I know this council, the city manager and myself, take very seriously if there are any allegations of impropriety, and in particular not following any of the rules that the council may have adopted," Ihrke said. However, the rules of procedure also leave it to the presiding officer to determine if there is a violation of decorum, which would be the chairman of the Planning Commission, Ihrke said. If commissioners ever feel there is a violation of decorum, they can call for a motion asking that the chairman take some action, Ihrke said. "None of the commissioners did that," Ihrke said. "I certainly didn't get the impression that anything was done out of the ordinary." State law also allows commissioners and council members to express their opinions on matters of public interest, Ihrke said. "The policy behind that is ... probably common sense where it's to promote the utmost freedom of communication on subjects of public interest," he said. Public officials, including planning commissioners, and the cities they serve, are "absolutely immune" from liability over any verbal or written statements made during an official proceeding or meeting, he said. "It was my impression that all of the commissioners ... were well within the bounds of what would be considered decorum under a reasonable personal standard," Ihrke said. In response to Ihrke, Callimanis questioned if commissioners know they can speak up and make a motion for the chairman to address another commissioner's decorum. "I would probably tell you that commissioners don't know they have the right if they feel they are being abused or the audience is being abused by somebody. I don't know if they understand they are allowed to say something," she said. 4 of 5 5/30/22, 11:58 AM Firefox https://outlook.office.com/mail/deeplink?Print McCune has been on the Planning Commission since October 2016 and his term is set to expire in June 30, 2023. Commissioners are appointed by the City Council and can serve two four-year terms. Applicants are interviewed and appointed during an open session of the council. Commissioners Michael Proctor, who voted against the project primarily because he believes it is "an inexcusable use of water," said he had heard about the complaint against McCune but didn't agree with it. "I didn't take anything he said personally," Proctor said. "We had a clear disagreement, obviously, but I didn't take anything he said personally. And, I did not consider it to be rude." Commissioners each had a chance to express their viewpoints and while he and McCune disagreed, "we did not take personal shots at each other. I didn't think anything Kevin said in support of his position was derogatory to me or my position. It was just different," Proctor said. Commissioner Dale Tyerman voted against the project due to lighting around the wave basin. He is concerned that the lights will be seen from the top of the 80-foot poles until trees grow in and the 600 homes are built. Tyerman, who lives in Trilogy, said when he got home from the meeting he had phone messages from a few of his neighbors saying they were sorry for how McCune treated him. "I didn't feel any of that. All I felt was, yeah, he had a passion about his points and he wanted to make sure he made those points. He was very animated about it, but personally I didn't interpret that as anything but his passion for the subject," Tyerman said. "And I certainly didn't feel anything directed toward me." Danny Castro I Design and Development Director City of La Quinta 78495 Calle Tampico I La Quinta, CA 92253 Ph. 760.777.7099 Main: 760.777.7000 www.laquintaca.gov www.playinlaquinta.com 5 of 5 5/30/22, 11:58 AM