2024 07 02 CC Minutes174
oF TO'
CALL TO ORDER
CITY COUNCIL
MINUTES
TUESDAY, JULY 2, 2024
A regular meeting of the La Quinta City Council was called to order at 3:00 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
Mayor Pro Tem Pena said he will recuse himself from discussion and vote on Consent
Calendar Item No. 8 due to a potential conflict of interest stemming from the proximity of
real property to this project site (Fritz Burns Pool); and requested that it be pulled for a
separate vote. Council concurred.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION;
PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF SECTION 54956.9.
NAME OF CASE: YH-MSCV FUND I ET AL. V. SILVERROCK LIFESTYLE
RESIDENCES ET AL. (SAN DIEGO SUP. CT. CASE NO. 37-2024-00028106)
2. 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)
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND
MOVED INTO CLOSED SESSION AT 3:01 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 4:05 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 — Pursuant to Council's prior authorization, the
City Attorney's Office intervened in the above -identified litigation. The City
Attorney's Office also successfully opposed an application for a temporary
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restraining order that would have affected the implementation of a Memorandum
of Understanding and Agreement Relating to Default and Developer Requirements
(MOU) relating to the Talus (formerly SilverRock Resort) development project.
Because the court denied the application for a temporary restraining order,
implementation of the MOU can proceed.
• CLOSED SESSION ITEM NO. 2 — Council took the following action:
MOTION — A motion was made and seconded by Councilmembers Sanchez/McGarrey
to authorize the City Attorney to initiate or intervene in litigation with the coordination of
the City Attorney's Office. Motion passed unanimously.
City Attorney Ihrke noted that pursuant to Government Code section 54957.1,
subdivision(a)(2), upon the formal commencement of or intervening in any litigation, the
action, name of the parties, and other particulars of the litigation may be disclosed upon
inquiry.
PLEDGE OF ALLEGIANCE
Councilmember Fitzpatrick led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Paulina Kallimanis, La Quinta — reported a dead dog left on the street
on a Sunday and requested that the City have provisions for removal of dead animals
during off hours; reported that Coachella Valley Animal Campus (CVAC) killed 18 dogs
last night, yet Riverside County Animal Services does nothing; and requested the name
of the person deciding which dogs are to be euthanized.
PUBLIC SPEAKER: Kasey Brown, La Quinta — provided recommendations to improve
the operations of CVAC including the need for competent leadership.
PUBLIC SPEAKER: Renee Coffey, Indio — provided a hand-out of written
correspondence addressing CVAC's handling of animals within its shelter; and spoke of
the constant killing being done to healthy and adoptable dogs.
Councilmember Sanchez reported on discussions held at the Animal Campus
Commission regarding this matter.
PUBLIC SPEAKER: Alena Callimanis, La Quinta (received donated time from resident
Judy Hovjacky) — provided a hand-out regarding the proposed Travertine development;
explained residents' opposition to the proposed Avenue 62 elevated crossing over the
berm.
PUBLIC SPEAKER: Donna Williams, La Quinta (received donated time from resident
Judy Viera) — provided a hand-out regarding the proposed Travertine development,
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specifically addressing a statement made by the Applicant, Mark Rogers, at the June 25,
2024, Planning Commission meeting regarding the completion of the Jefferson Street
extension; pending status of Bureau of Land Management (BLM) permit approval; and
the public comments submitted for the draft environmental impact report were not
presented to the Planning Commission at the June 25, 2024, meeting, so they did not
have all the relevant information to make a decision.
ALL HAND-OUT MATERIALS PROVIDED BY PUBLIC SPEAKERS WERE
DISTRIBUTED TO COUNCIL, MADE PUBLIC, PUBLISHED ON THE CITY'S
WEBSITE, AND INCLUDED IN THE PUBLIC RECORD OF THIS MEETING.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1-A. Added »> TALUS (FORMER SILVERROCK RESORT) PROJECT UPDATE
Mayor Evans said that in regards to Closed Session Item No. 1, there has been
misinformation reported in the news regarding the Talus development because the news
reporter never verified the information collected with the City; and asked the City Manager
to provide an update on the project.
MAYOR PRO TEM PENA LEFT THE DAIS AT 4:41 P.M.
City Manager McMillen said on May 24, 2024, an MOU was executed between the City,
developer [(The Robert Green Co. and SilverRock Development Company (SDC)], and
several other interested parties, such as lenders, contractors, hotel operator, and
Christopher M. George, referred to as CMG, all agreeing to extend pending foreclosure
sale dates to July 2, 2024. The terms of the MOU provide the opportunity for SDC to close
escrow on recapitalization loans and pay all outstanding obligations to lenders,
contractors, and subcontractors by June 30, 2024, as provided in Amendment No. 5 of
the Purchase, Sale, and Development Agreement (PSDA) between the City and SDC,
executed on November 16, 2023. SDC was unsuccessful in its efforts. The terms of the
MOU (Section 4) also provide that CMG may elect to satisfy the developer's unpaid
obligations and restructure any other payments related to the construction of the Talus
project. On July 1, 2024, CMG exercised this right by issuing a Notice of Exercising
Rights and to Proceed, and has until July 30, 2024, to complete this process, and if not,
CMG shall have no further rights, liabilities or obligations under the MOU.
The City continues to be in constant communication with all interested parties as CMG
conducts its due diligence over the next 30 days.
Mayor Evans noted that on July 1, 2024, the City issued a Notice of Default to SDC,
pursuant to Amendment No. 5 to the PSDA, and SDC has a 30 -day cure period to
respond.
MAYOR PRO TEM PENA RETURNED TO THE DAIS AT 4:44 P.M.
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1-B. Renumbered due to added 1-A presentation »> CERTIFICATES OF
APPRECIATION FOR OUTGOING CITY BOARD AND COMMISSION
MEMBERS
Council presented certificates of appreciation to the following outgoing members of City
Board, Commissions, and Committees, and thanked them for their dedication and service
to the community:
Name
Board, Commission, Committee
Years of Service
Mary Caldwell (absent)
Planning Commission
2017-2024
Richard Mills
Financial Advisory Commission
2017-2024
Sharrell Blakeley
Arts and Community Services Commission
2018-2024
Tammy Gordon
Arts and Community Services Commission
2021-2024
Sally Shelton
Arts and Community Services Commission
2021-2024
Virginia Castro
Housing Commission
2018-2024
Capri Chapman (absent)
Housing Commission
2022-2024
Kathleen Hughes
Palm Springs Airport Commission
2017-2024
Jeff Smith
Coachella Valley Conservation Commission
— Trails Management Subcommittee
2012-2023
Lee Osborne
Imperial Irrigation District — Energy
Consumer Advisory Committee
2019-2024
Kay Wolff (absent)
Construction Board of Appeals
2007-2024
WRITTEN PUBLIC COMMENTS were received from La Quinta resident and outgoing
Planning Commissioner Mary Caldwell, which were distributed to Council, made public,
published on the City's website, and included in the public record of this meeting.
CONSENT CALENDAR
1. APPROVE COUNCIL MEETING MINUTES OF JUNE 4, 2024
2. APPROVE COUNCIL MEETING MINUTES OF JUNE 18, 2024
3. APPROVE COUNCIL SPECIAL MEETING MINUTES OF JUNE 24, 2024
4. APPROVE COUNCIL AND HOUSING AUTHORITY JOINT SPECIAL MEETING
MINUTES OF JUNE 26, 2024
5. ADOPT ORDINANCE NO. 614 ON SECOND READING ADDING CHAPTER
11.82 TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE ESTABLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTER(S) [ORDINANCE NO. 614]
6. AUTHORIZE OVERNIGHT TRAVEL FOR THE DESIGN AND DEVELOPMENT
DIRECTOR, PLANNING MANAGER, AND SENIOR AND ASSOCIATE
PLANNERS TO ATTEND THE AMERICAN PLANNING ASSOCIATION
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CALIFORNIA CHAPTER'S ANNUAL CONFERENCE IN RIVERSIDE,
CALIFORNIA, SEPTEMBER 28 THROUGH OCTOBER 1, 2024
7. AUTHORIZE OVERNIGHT TRAVEL FOR MAINTENANCE & OPERATIONS
CREW LEADER TO ATTEND YEAR ONE OF CALIFORNIA PARKS AND
RECREATION SOCIETY MAINTENANCE MANAGEMENT SCHOOL IN LAKE
ARROWHEAD, CALIFORNIA, NOVEMBER 4 - 8, 2024
8. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE OCEAN
SPRINGS TECH, INC., AS A SELECT SOURCE FOR ADDITIONAL
NON -CONTRACTED MAINTENANCE REPAIR AND/OR INSTALLATION OF
POOL EQUIPMENT AND ADDITIONAL SPENDING AUTHORITY UP TO
$150,000 FOR FISCAL YEAR 2024/25
9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL
30, 2024
10. APPROVE DEMAND REGISTERS DATED JUNE 14 AND 21, 2024
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey
to approve Consent Calendar Item Nos. 1-7 and 9-10 as presented, with Item No. 5
adopting Ordinance No. 614. Motion passed unanimously.
CONSENT CALENDAR ITEM NO. 8
COUNCILMEMBER PEVA RECUSED HIMSELF, AND SAID HE WILL ABSTAIN
FROM DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 8 DUE
TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE
PROXIMITY OF HIS REAL PROPERTY TO THE FRITZ BURNS POOL
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey
to approve Consent Calendar Item No. 8 to authorize the Public Works Department to
utilize Ocean Springs Tech, Inc., as a select source for additional non -contracted
maintenance repair and/or installation of pool equipment and additional spending authority
up to $150,000 for fiscal year 2024/25 for the Fritz Burns Park pool and La Quinta Park
Water Feature. Motion passed: ayes — 4, noes — 0, abstain — 1 (Pena), absent — 0.
BUSINESS SESSION
1. INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.60 OF THE LA
QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT-OF-INTEREST
CODE [ORDINANCE NO. 615]
City Clerk Radeva presented the staff report, which is on file in the Clerk's Office.
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MOTION — A motion was made and seconded by Councilmembers Pena/Sanchez to take
up Ordinance No. 615 by title and number only and waive further reading, amending
Chapter 2.60 of the La Quinta Municipal Code relating to the Conflict -of -Interest Code as
presented. Motion passed unanimously.
City Clerk Radeva read the following title of Ordinance No. 615 into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL
CODE RELATING TO THE CITY'S CONFLICT-OF-INTEREST CODE
MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to
introduce at first reading Ordinance No. 615 as presented. Motion passed unanimously.
MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to
approve and accept the California Fair Political Practices Commission's 2024 Local
Agency Biennial Notice as presented. Motion passed unanimously.
STUDY SESSION
1. DISCUSS SPECIAL EVENT REGULATIONS IN RESIDENTIAL DISTRICTS PER
LA QUINTA MUNICIPAL CODE SECTION 9.60.170
Planning Manager Flores and Design and Development Director Castro presented the
staff report, which is on file in the Clerk's Office.
Council discussed clarification of special event permit fees; determining the minimum
number of days staff needs to review an application to establish deadlines for special
event application submittals; event parking onsite and on streets, and perhaps providing
a broader neighbor notification; possible use of City lots with shuttle service with fee for
opening and closing lots; the required 14 -day notice to neighbors would preclude
obtaining a permit less than 14 days prior to an event; notification exceptions for events
such as memorials; process for affidavits; directional signs held to standards of all other
temporary signs; adherence and compliance with standard noise regulations; duration of
event to be included in application and notice to neighbors; application for Large Lot
permits should include a question whether the property is anticipated to hold special
events, and if necessary may include stipulations on their permit; Large Lot owners should
be informed that even with a short-term vacation rental (STVR) permit, special events
require an additional permit; impacts on residential neighborhoods; public hearings
considering eligible Large Lot properties to receive an STVR permit exemption are a
separate and distinct process from a special event permit review and approval; concerns
with public hearings of Large Lot exemptions should include applicants' plans for future
special events so public can weigh in; clarification on consequence for non -permitted
special events held illegally; conflicting penalties; educating the community on what
constitutes a special event; the identified large lots of 25,000 sq. ft. or over within the city
are required to meet all qualifying criteria and go through the established public hearing
review process in order to be considered to receive an exemption for an STVR permit;
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allowing STVR owners in residential areas to obtain a special event permit only for a
personal family event — not a special event held by one of their renters; and allowing
STVR owners in exempt areas to apply for special event permits.
Council reached a consensus and directed staff to remove the current special event
permit tiers; reset fees; establish a fee for expedited applications; establish the minimum
days staff requires for special event permit review and processing; encourage onsite
parking, and alternatively offsite parking with shuttle service; citations consistent with the
STVR program; require affidavits for personal special events in residential areas; and
refine the inventory map of large lots (25,000 sq. ft. or greater) within the city that could
potentially be eligible to apply and seek an STVR exemption.
MAYOR EVANS CALLED FORA BRIEF RECESS AT 6:12 P.M.
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:17 P.M. WITH
ALL MEMBERS PRESENT
2. DISCUSS CONVERTING RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
TRAFFIC CAR OFFICER POSITION TO A MOTOR OFFICER POSITION
Riverside County Sheriff Sargent Mark Chlarson and Lieutenant Frank Valasco presented
the staff report, which is on file in the City Clerk's Office.
Council discussed investigations on causes of fatal collisions; need to purchase a new
motorcycle in the future; cars available to motors if the hot desert weather does not permit
motorcycle use; use of motor officer to educate drivers to stop when lights turn yellow;
visibility of motor officers; usefulness of camera enforcement and drone surveillance;
response times for priority 1 through 4 calls; days and times of driving under the influence
(DUI) car coverage; days and times of motor coverage; motors hours during the weekend
and weekdays after 6 p.m.; difficulty in recruiting officers to work in the Coachella Valley;
accountability tracked on each officer; results of the addition of a motor in 2023-2024;
citations versus educational warnings; pedestrian safety education by motor officers;
adjusting motors during summer versus winter seasons, or institute a swing shift during
summer months due to the hot weather; safety of motors at night; availability of a new
motor officer if this request is approved; use of Community Service Officers (CSOs) for
priority 4 calls; reporting by, and capturing all the activities of CSOs; and decline of
reserve officers in Police Departments.
MAYOR PRO TEM PEI IA LEFT THE MEETING AT 7:02 P.M.
Council reached a consensus in favor of converting one Riverside County Sheriff's
Department traffic car officer position to a motor officer position and directed staff to bring
this item back as a Business Session.
PUBLIC HEARINGS — None
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DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office.
MAYOR'S AND COUNCIL MEMBERS' ITEMS
Councilmember Sanchez reported on his attendance at the Leadership Coachella Valley
event.
Mayor Evans suggested, and Councilmembers agreed to send a letter to Riverside
County Supervisor Perez and the Director of Coachella Valley Animal Campus (CVAC)
to seek answers to the questions regarding the animal shelter operations that La Quinta
residents have posed to Council; and to request that Supervisor Perez consider changing
the Animal Campus Commission to a voting governing body to give a say in operations
to those cities paying for the CVAC services.
Councilmember Fitzpatrick reported on Council's attendance at CVAG General
Assembly; and the City of Palm Desert State -of -the -City event.
Mayor Evans reported on Council's attendance at the Greater Coachella Valley Chamber
of Commerce Annual Installation and Business Awards; Theresa A. Mike Scholarship
Event; FIND Food Bank Amazon Day; Desert Valley Builders Association Annual Member
Appreciation event; and the June 26, 2024, special Council meeting to conduct annual
interviews and appointments of residents to serve on City boards, commissions, and
committees.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2024, Mayor Evans reported on her participation in the
following organizations' meetings:
• CVAG EXECUTIVE COMMITTEE
• CVAG GENERAL ASSEMBLY
La Quinta's representative for 2024, Councilmember McGarrey reported on her
participation in the following organization's meeting:
• IID — ENERGY CONSUMERS ADVISORY COMMITTEE
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers
Sanchez/McGarrey to adjourn at 7:18 p.m. Motion passed: ayes — 4, noes — 0, abstain
— 0, absent — 1 (Pena).
Respectfully submitted,
V
MONIKA RADEVA, City Clerk
City of La Quinta, California
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