2024 02 20 CC MinutesCALL TO ORDER
CITY COUNCIL
MINUTES
TUESDAY, FEBRUARY 20, 2024
A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor
Evans.
PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None.
CONFIRMATION OF AGENDA
City Attorney Ihrke requested Council consider voting to add a closed session item to the
agenda pursuant to Government Code section 54954.2, subdivision (b)(2) [Brown Act]
due to significant exposure to litigation based upon the receipt of two emails from a
member of the public, sent on Saturday, February 17, 2024, and received by the City
Attorney's Office on Monday, February 19, 2024, alleging negligence, among other
allegations, against the City in connection with the issuance of specified permits, which
include an operable and governing permit for an event planned to occur before the next
regularly scheduled Council meeting. Mr. Ihrke said, procedurally, in accordance with the
Brown Act, since this matter came to the attention of staff subsequent to publishing the
agenda packet on Friday, February 18, 2024, and because there is a need to take
immediate action by the Council, and the City Attorney needs to update and receive
direction from Council on the emails received, Council may add the proposed Closed
Session Item No. 2 on tonight's agenda by a minimum four -fifth vote, and if approved, the
item will be added as follows:
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)
City Attorney Ihrke noted that at the conclusion of Closed Session, any action(s) taken
will be reported out pursuant to the Brown Act.
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey
to add Closed Session Item No. 2 to the agenda. Motion passed unanimously.
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CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION;
INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF
SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
2. Added at Confirmation of Agenda »= 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 3:34 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 4:07 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 54957.1
(Brown Act):
• CLOSED SESSION ITEM NO. 1 — Council took the following action on this item:
MOTION — A motion was made and seconded by Councilmembers McGarrey/Fitzpatrick
to authorize the City Attorney to initiate litigation with the coordination of the City
Attorney's Office. Motion passed unanimously.
City Attorney Ihrke noted that upon the formal commencement and filing of litigation, the
name of the action, defendants, and other particulars of the litigation may be disclosed
upon inquiry.
• Added at Confirmation of Agenda »> CLOSED SESSION ITEM NO. 2 — Council
will continue consideration of this item after the open portion session of the
meeting.
PLEDGE OF ALLEGIANCE
Councilmember McGarrey led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. INTRODUCE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT SERGEANT
PATRICK (PAT) MUSHINSKIE
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Mayor Evans provided a brief summary of Sgt. Mushinskie's experience and
qualifications. Lieutenant Velasco introduced Sgt. Mushinskie and spoke of his
professionalism, work ethic, drive, and valuable experience he brings to the team. Sgt.
Mushinskie said he is excited about his new assignment and looking forward to working
with his new team; Council congratulated and welcomed Sgt. Mushinskie on his new
endeavor.
CONSENT CALENDAR
1. ADOPT ORDINANCE NO. 610 ON SECOND READING AMENDING CHAPTER
2.95 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE COMMUNITY
SERVICES COMMISSION AND RENAMING IT TO THE ARTS AND
COMMUNITY SERVICES COMMISSION [ORDINANCE NO. 610]
2. APPROVE CUSTODY AGREEMENT WITH U.S. BANK, NATIONAL
ASSOCIATION FOR ASSET CUSTODY SERVICES
3. AUTHORIZE OVERNIGHT TRAVEL FOR MAYOR AND ONE
COUNCILMEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY
LEADERS SUMMIT IN SACRAMENTO, CALIFORNIA, APRIL 17-19, 2024
4. RECEIVE AND FILE SECOND QUARTER FISCAL YEAR 2023/24 TREASURY
REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2023
5. APPROVED DEMAND REGISTERS DATED FEBRUARY 2, AND FEBRUARY 9,
2024
CONSENT CALENDAR ITEM NO. 2
City Clerk Radeva said staff distributed a revised red -lined insurance requirements as
Exhibit B to the Asset Custody Agreement as a HAND-OUT, which was distributed to
Council, made public, published on the City's website, and included in the public record
of this meeting.
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to
approve the Consent Calendar as recommended, with Item No. 1 adopting Ordinance
No. 610. Motion passed unanimously.
BUSINESS SESSION
1. ADOPT RESOLUTION ADOPTING A SPONSORSHIP POLICY
[RESOLUTION NO. 2024-005]
Community Services Deputy Director Calderon introduced Management Analyst
Calderon who presented the staff report, which is on file in the Clerk's Office.
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Council discussed including opportunities for pickleball sponsorship and AM/EX
sponsorship; means of vetting individuals who may donate; individual donations less than
$50,000; ability to decline interested sponsors/donors based on values or exhibiting
questionable motives or actions; Council's ability to give final approval as well as ability
to deny without explanation; adding clarifying language to define prescription drugs
versus illicit drugs; possible conflict with a company under City contract and also being a
sponsor; confirmed that staff and Council may make changes to the policy over time;
difference between the Sponsorship Policy and a Naming Policy, the latter of which staff
is currently drafting and will bring forth for Council review at a future meeting; Sponsorship
Policy as a marketing tool; the proposed Sponsorship Policy has no influence on City -
sponsorship; possibility of creating a future budget line for Sponsorship Fund/Grant Fund.
PUBLIC SPEAKER: Melissa Labayog, La Quinta — said the Sponsorship Policy should
include the formation of an Ethics Commission to review any potential sponsorship
opportunities that come before the City.
MOTION — A motion was made and seconded by Councilmembers Pena/Sanchez to
adopt Resolution No. 2024-005 to adopt a Sponsorship Policy as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING A SPONSORSHIP POLICY
Motion passed unanimously.
2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH MARK THOMAS
& COMPANY TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
AVENUE 50 BRIDGE PROJECT NO. 2019-02, LOCATED ON AVENUE 50
OVER THE LA QUINTA EVACUATION CHANNEL
Public Works Director/City Engineer Bryan McKinney introduced Management Analyst
Mignogna who presented the staff report, which is on file in the Clerk's Office.
Council discussed right-of-way (ROW) phase of the project, and the involvement of the
Coachella Valley Water District (CVWD); the developer of La Quinta Village Apartments
(formerly known as Troutdale), and the owner of the south-east corner lot, UHC 00217
LAQUINTA, on obtaining ROW and/or encroachment permits necessary before
construction may begin; staff noted on page 152 of the staff report are included optional
tasks in the scope of work out of precaution to account for all possible necessary projects,
clarifying that it is easier to remove these tasks from the scope of work than to add them
in at a later date; importance of City communication efforts to the public and the school
district related to closing Avenue 50 as this project gets closer to construction; questioned
if the City would be required to pre -pay the Caltrans funding portion of the construction
phase, which staff confirmed, noting these funds would come from the 2026/27 fiscal year
Capital Improvement Program budget, and the City will be reimbursed over time; working
with CVWD to make modifications to the evacuation channels to resolve elevation issues
and flooding areas after storms, noting that Mark Thomas & Company will also be
involved in coordination efforts.
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Staff provided an update on the Dune Palms Bridge project, stating they hope to open the
access road in April 2024, and the 2nd half of the bridge construction has started.
MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to,
approve agreement for contract services with Mark Thomas & Company to provide
professional engineering services for Avenue 50 Bridge Project No. 2019-02; and
authorize the City Manager to finalize and execute the agreement as recommended,
contingent upon Caltrans acceptance of the contract financial documents. Motion passed
unanimously.
3. APPOINT THE PUBLIC WORKS DIRECTOR TO SERVE ON THE IMPERIAL
IRRIGATION DISTRICT (IID) ENERGY CONSUMERS ADVISORY COMMITTEE
(ECAC) FOR THE REMAINDER OF AN UNEXPIRED TERM ENDING
DECEMBER 31, 2024
Council waived presentation of the staff report, which is on file in the Clerk's Office.
Council discussed the IID ECAC meeting schedule; need to appoint a member to serve
on the ECAC after receiving the resignation of resident member Lee Osborne; political
nature of the position and contrast of municipal staff versus elected officials serving on
the ECAC; current ratio of staff and residents serving; opening the position up for a
community volunteer to appoint; and ECAC is not a commission, but is an advisory
committee only.
Public Works Director/City Engineer McKinney expressed his confidence in serving on
the ECAC and differentiating between political versus technical matters.
MOTION — A motion was made and seconded by Councilmembers McGarrey/Sanchez
to appoint Public Works Director Bryan McKinney to serve as the City's representative on
the Imperial Irrigation District Energy Consumers Advisory Committee for the remainder
of an unexpired term ending December 31, 2024. Motion passed unanimously.
STUDY SESSION — None
PUBLIC HEARINGS — None
DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office.
3. SHORT-TERM VACATION RENTAL PROGRAM — 2024 CODE UPDATES AND
2023 QUARTER 4 (OCTOBER — DECEMBER) PROGRAM OVERVIEW OF
CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT
City Clerk Radeva provided a brief overview of the short-term vacation rental (STVR)
2024 Code updates and 2023 Quarter 4 program, and noted staff will provide to Council
location information on the newly issued Homeshare STVR permits and potential large -
lot permits.
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7-C. PUBLIC SAFETY — POLICE QUARTERLY REPORT — OCTOBER —
DECEMBER 2023
Riverside County Sheriff's Department, Lt. Velasco explained the increase in response
time noted in the quarterly report is due to staffing levels; and recruitment in the eastern
Coachella Valley is difficult, but they are in the process of increasing the workforce.
Council requested a list of Sheriff's Department employees, who serve or have served
the City, and are retiring in the coming weeks and months so that the City may recognize
them.
MAYOR'S AND COUNCIL MEMBERS' ITEMS
Councilmember Fitzpatrick reported on her attendance at The Palms Assisted Living
Memory Care facility's Valentine's Day event; and the volunteer orientation for the La
Quinta Arts Celebration.
Mayor Evans reported on her attendance at the Palm Springs Air Museum Gala; speaker
at Leadership Coachella Valley hosted by the City of La Quinta followed by a reception
at Old Town Artisan Studio; and Riverside County Date Festival Parade with
Councilmembers McGarrey and Pena.
Mayor Pro Tem Pena reported on his attendance at the Palm Springs Air Museum Gala;
an event at Mama's House (a facility for supporting mothers in crises); and the Riverside
County National Date Festival Presidents' Day Parade.
Councilmember Sanchez reported on his attendance at the joint Riverside -San
Bernardino Counties League of California Cities meeting.
Councilmember McGarrey reported on her attendance at the "Coffee with a Cop" event
held at Aspen Mills; Coachella Valley Water District Sustainability Tour; College of the
Desert tour; and the Riverside County National Date Festival Presidents' Day Parade.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2024, Mayor Evans reported on her participation in the
following organizations' meetings:
• CVAG ENERGY AND SUSTAINABILITY COMMITTEE
• IMPERIAL IRRIGATION DISTRICT — CV ENERGY COMMISSION
La Quinta's representative for 2024, Councilmember Fitzpatrick reported on her
participation in the following organization's meeting:
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION
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La Quinta's representative for 2024, Councilmember McGarrey reported on her
participation in the following organizations' meetings:
• GREATER CV CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE
• LEAGUE OF CALIFORNIA CITIES — EXECUTIVE COMMITTEE, RIVERSIDE
COUNTY DIVISION
La Quinta's representative for 2024, Mayor Pro Tem Pena reported on his participation in
the following organizations' meetings:
• COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
BOARD OF TRUSTEES
• CVAG PUBLIC SAFETY COMMITTEE
CLOSED SESSION — Continued
2. Added at Confirmation of Agenda »= 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 5:30 P.M,
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 6:26 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke said Council concluded consideration of Closed Session Item No. 2
and there were no actions taken 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
Pena/McGarrey to adjourn at 6:27 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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