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2025 04 01 CC MinutesCITY COUNCIL MINUTES TUESDAY, APRIL 1, 2025 CALL TO ORDER 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 Councilmember Fitzpatrick and Mayor Evans said they will comment on Consent Calendar Item No. 8. Councilmember Pena said he will recuse himself and abstain from participating in the discussion and vote on Consent Calendar Item No. 2 related to the adoption of Resolution No. 2025-007 authorizing the City of La Quinta as a member of the Coachella Valley Power Agency Joint Powers Agreement due to a conflict of interest stemming from a reasonable probability of future income and/or investment income from an electric power company (Secure Energy Source), and asked that it be pulled for a separate vote. Mayor Pro Tem McGarrey said she serves on the Board of Directors for FIND Food Bank, which is being considered under Consent Calendar Item No. 3, and as this is a volunteer position and she does not receive compensation, there is no potential conflict of interest. Mayor Evans said she will comment on Consent Calendar Item No. 6. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS — MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware) CASE NAME: CASE NUMBER SilverRock Development Company, LLC 24-11647 SilverRock Lifestyle Residences, LLC 24-11648 SilverRock Lodging, LLC 24-11650 CITY COUNCIL MINUTES Page 1 of 9 APRIL 1, 2025 SilverRock Luxury Residences, LLC 24-11652 SilverRock Phase I, LLC 24-11654 RGC PA 789, LLC 24-11657 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER 4. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6, CITY DESIGNATED REPRESENTATIVE: WILLIAM H. IHRKE; UNREPRESENTED EMPLOYEE — CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:03 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans said Council will recess back to Closed Session after the Open Session portion of tonight's agenda to continue consideration of Closed Session Item Nos. 3 and 4. City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act): • CLOSED SESSION ITEM NO. 1 — no reportable action Council's authorization remains in place for the City Attorney, in coordination with the City Attorney's Office and Special Counsel, to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting. • CLOSED SESSION ITEM NO. 2 — no reportable action PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. CITY COUNCIL MINUTES Page 2 of 9 APRIL 1, 2025 PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Philip Bettencourt, La Quinta — expressed support for the proposed resolution authorizing La Quinta's membership in the Coachella Valley Power Agency, agendized for Council's consideration as Consent Calendar Item No. 2 on tonight's agenda; and noted it is the right step forward. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT — STATUS UPDATE City Attorney Ihrke said on August 5, 2024, SilverRock Development Company LLC and its affiliates (debtors), collectively referred to as "SDC," voluntarily petitioned for Chapter 11 bankruptcy in U.S. Bankruptcy Court in Delaware; and per Council's direction and approval, the City retained Special Counsel who has continuously been working with the City Manager and City Attorney throughout these proceedings. Prior Announcements regarding the bankruptcy case are available on the City's website at www.laquintaca.gov/talusk, . Mr. Ihrke noted there were no new updates to be reported tonight on the bankruptcy cases as there have been no hearings held in open court since the last update provided at the March 18, 2025, Council meeting. City Manager McMillen said the City continues to work with the brokerage firm, Jones, Land, LaSalle (JLL), retained by the Chief Restructuring Officer (CRO), an independent fiduciary responsible for the administration of the debtor's estate through the bankruptcy case, on behalf of the debtor SDC, to research and market the sale of the debtor's estate to secure a future developer to complete the project. Mr. McMillen and JLL are coordinating several potential on -site meetings for interested parties to tour the project site in the upcoming weeks and discuss their vision for the development and its consistency with the approved Specific Plan; and reiterated there has been tremendous interest in the project. 2. CERTIFICATE OF RECOGNITION HONORING JUNIOR INSPIRATION AND YOUTH ACHIEVEMENT AWARD RECIPIENT MAXIMILIAN RADI Senior Management Analyst Calderon provided a summary of the purpose and objectives for the newly established Junior Inspiration and Youth Achievement Award program, and highlighted recipient Maximilian (Max) Radi's qualifications, accomplishments, and achievements. Council commended Max Radi for his leadership, dedication, and hard work, and presented him with a Certificate of Recognition. 3. CIVIC CENTER LAKE REPAIRS PROJECT UPDATE Public Works Director / City Engineer McKinney and Maintenance and Operations Superintendent Hansen provided a brief overview of the Civic Center Campus Lake design CITY COUNCIL MINUTES Page 3 of 9 APRIL 1, 2025 and operations, including pumps, biological filter, wildlife relocation and preservations, etc., and the upcoming draining of the lake, repairs, and anticipated schedule. Council discussed quality of lake water going into the retention basin; toxicity of bottom sediments/sludge going to the landfill; directed staff to recheck permits needed; re -homing the fish and turtles that were not intended to live in the lake; management of the wildlife; estimate cost; lower creek flow; membrane lining condition and repair method; plan, work and communication schedule; frequency of water testing; community communication plan; gallons draining and retention basin percolation rate; avoiding work during any upcoming events; and directed staff to solicit public input before this item is scheduled for Council's consideration as a Business Session. PUBLIC SPEAKER: Chris Beaty, Biologist, President of Southwest Aquatics — has been maintaining the lake since 2018; explained other local lakes the company has drained; described the condition of the lake, lining, filters, and pumps; health of fish during relocation to upper lake; fencing plans; aeration system; additional pump cost; no disposal permits or water quality analysis required, but will reconfirm that; will do a water quality sample test before moving water into the retention basin; and doesn't anticipate the need to drain upper lake. CONSENT CALENDAR 1. ADOPT ORDINANCE NO. 621 ON SECOND READING AMENDING TITLE 7 HISTORIC PRESERVATION BY ADDING SECTION 7.06.050 REGARDING DE - DESIGNATION PROCEDURES OF LANDMARK PROPERTIES AND DISTRICTS AND CHAPTER 7.09 REGARDING MILLS ACT CONTRACT; CEQA; THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B)(3) COMMON SENSE EXEMPTION; LOCATION: CITY-WIDE 2. »> Pulled for a separate vote by Councilmember Pena ADOPT RESOLUTION AUTHORIZING THE CITY OF LA QUINTA AS A MEMBER OF THE COACHELLA VALLEY POWER AGENCY, A JOINT EXERCISE OF POWERS AGENCY [RESOLUTION NO. 2025-007] 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FIND FOOD BANK TO PROVIDE MOBILE MARKET AND NON-PERISHABLE FOOD KITS TO SENIORS AND LA QUINTA RESIDENTS 4. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH NV5, INC. FOR DESIGN SERVICES FOR WASHINGTON STREET SIDEWALK IMPROVEMENTS AND AVENUE 50 SIDEWALK IMPROVEMENTS PROJECT NOS. 2023-03 AND 2024-01 5. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH WILLDAN FINANCIAL SERVICES, INC FOR ANNUAL LEVY ADMINISTRATIVE SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 CITY COUNCIL MINUTES Page 4 of 9 APRIL 1, 2025 6. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC AND AUTHORIZE PHASE 1 DESIGN SERVICES FOR AVENUE 52 AT JEFFERSON STREET ROUNDABOUT IMPROVEMENTS PROJECT NO. 2024-10 7. AWARD CONTRACT TO CT&T CONCRETE PAVING INC FOR THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2024-05, CDBG PROJECT NO. 4.LQ.50-24 8. AWARD CONTRACT TO THE LOWEST RESPONSIVE / RESPONSIBLE BIDDER FOR THE HIGHWAY 111 REHABILITATION PROJECT NO. 2022-25 9. APPROPRIATE FUNDS AND APPROVE TURF REPLACEMENT COSTS FOR SILVERROCK RESORT GOLF COURSE 10. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2024 11. APPROVE DEMAND REGISTERS DATE MARCH 14 AND 21, 2025 COUNCILMEMBER PEIVA RECUSED HIMSELF AND SAID HE WILL ABSTAIN FROM PARTICIPATING IN THE DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 2 DUE TO A CONFLICT OF INTEREST STEMMING FROM A REASONABLE PROBABILITY OF FUTURE INCOME AND/OR INVESTMENT INCOME FROM AN ELECTRIC POWER COMPANY (SECURE ENERGY SOURCE), AS NOTED DURING CONFIRMATION OF AGENDA ABOVE CONSENT CALENDAR — COMMENTS ITEM NO. 8: Councilmember Fitzpatrick noted it was exciting to see the Highway 111 pavement rehabilitation project moving forward. Councilmember Sanchez explained the project has been on hold waiting for the $4 million - dollar federal grant funding to come through and waiting for the off-season to mitigate traffic impacts for the community; and asked that work be performed at night if possible. Mayor Pro Tem McGarrey suggested it may be safer for workers at night due to reduced traffic and less impact to businesses. Mayor Evans said the project has been scheduled to minimize impact. ITEM NO. 6: Mayor Evans noted that the funds are for design to modernize Jefferson Street roundabout. ITEM NO. 3: Mayor Evans explained the City's donations to FIND; FIND Food Bank Telethon for donations is scheduled for April 4, 2025; this is the regions' food bank and not just for the Coachella Valley; and grateful for the assistance FIND provides for families in need. CITY COUNCIL MINUTES Page 5 of 9 APRIL 1, 2025 Mayor Pro Tem McGarrey reiterated that she serves on the Board of Directors for FIND Food Bank, as announced during Confirmation of Agenda above, and as this is a volunteer position and she does not receive compensation, there is no potential conflict of interest. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item Nos. 1, 3 — 11 as presented, with Item No. 1 adopting Ordinance 621. Motion passed unanimously. PUBLIC SPEAKER: Debbie Espinosa, FIND Food Bank President and Chief Executive Officer — thanked La Quinta for their partnership; described the services provided; and plans should the United States Department of Agriculture federal grant funding be reduced or eliminated. CONSENT CALENDAR ITEM NO. 2 — pulled for a separate vote Mayor Evans said Mr. Bettencourt's comments provided under "Public Comments on Matters Not on the Agenda" listed above were related to this item. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve Consent Calendar Item No. 2, adopting Resolution No. 2025-007 as presented. Motion passed: ayes — 4, noes — 0, abstain — 1 (Pena), absent — 0. BUSINESS SESSION 1. RECEIVE AND FILE FISCAL YEAR 2024-25 BUDGET UPDATE REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, ADOPT RESOLUTION TO RECLASSIFY ONE PERMIT TECHNICIAN POSITION AND TWO ADMINISTRATIVE TECHNICIAN POSITIONS TO RECORDS TECHNICIANS, AND APPROVE ADDITIONAL DISCRETIONARY PAYMENT TO PAY OUTSTANDING PENSION OBLIGATIONS [RESOLUTION NO. 2025-008] Finance Director Martinez presented the staff report, which is on file in the Clerk's Office. Council discussed additional public safety camera system maintenance above that covered by the annual maintenance contract; unfunded pension liability payment, balance, interest; Phase 3 of public safety camera system; commended staff for their competence and prudence; thanked the Financial Advisory Commission (FAC); and noted the fiscal health of the City. MOTION — A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to: (A) Receive and file fiscal year 2024/25 Budget Update Report and approve the recommended budget adjustments as presented. (B) Adopt Resolution No. 2025-008 to update the Classification and Salary/Plan Schedule for fiscal year 2024/25 and to reclassify one Permit Technician position and two Administrative Technician positions to Records Technicians: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE UPDATED CLASSIFICATION AND CITY COUNCIL MINUTES Page 6 of 9 APRIL 1, 2025 SALARY/PLAN SCHEDULE RECLASSIFYING ONE PERMIT TECHNICIAN AND TWO ADMINISTRATIVE TECHNICIAN POSITIONS TO RECORDS TECHNICIANS FOR FISCAL YEAR 2024/25 (C) Approve additional discretionary payment to pay down outstanding pension obligations in the amount of $4 million dollars from the General Fund Unassigned Fund Balance. Motion passed unanimously. 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH PACIFIC PLAY SYSTEMS, INC. FOR PLAYGROUND DESIGN AND INSTALLATION SERVICES FOR ADAMS PARK PLAYGROUND REPLACEMENT PROJECT NO. 2024-23 Maintenance and Operations Superintendent Hansen presented the staff report, which is on file in the Clerk's Office. Council discussed longevity of the musical instruments; existing shading; plans for existing trees; the unusually high contingency budget; surface materials and replacement; project timeline; volley ball court to remain; tetherball to be added; and directed staff to explore playground lighting. Mayor Pro Tem McGarrey inquired about the proximity of her residence to Adams Park. City Attorney Ihrke said Mayor Pro Tem McGarrey's residence is located greater than 500 feet but within 1,000 feet from the project location, and advised that there is no potential conflict of interest pursuant to regulations of the Fair Political Practices Commission (FPPC), specifically Title 2, Section 18702.2 of the California Code of Regulations regarding the materiality standards for financial interest in real property. Subdivision (a)(8) provides that property located more than 500 feet but less than 1,000 feet from the property line of the parcel is presumed not to be material when, as is the case for the matter being considered by the Council, the decision does not change the parcel's (A) development potential; (B) income producing potential; (C) highest and best use; (D) character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or (E) market value. City Manager McMillen noted the proposed agreement terms with Pacific Play Systems stipulate a possible 5% budget contingency which is subject to staff's advanced written approval. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve Agreement for Contract Services with Pacific Play Systems, Inc. for playground design and installation services for Adams Park Playground Replacement Project No. 2024-23 as presented. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:37 P.M. CITY COUNCIL MINUTES Page 7 of 9 APRIL 1, 2025 MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:45 P.M. WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEAR 2025/26 THROUGH 2029/30 CAPITAL IMPROVEMENT PROGRAM Public Works Director / City Engineer McKinney introduced Administrative Technician Escarrega who presented the staff report, which is on file in the Clerk's Office. Council discussed timeline for City of Indio project to underground telephone poles; restriping timeline; Washinton Street funding request for next year; drainage project funding application; type of restroom and drinking fountain at Calle Tampico; desire for restroom at top of Cove, west side; progress made on developers' reimbursement of impact fees; accident record for left turns off Washington Street; coordinating Francis Hack Lane work with the Maintenance and Operations Yard improvements; Pavement Management Plan funding level; desirability of leash -less dog/human running trail; Community Development Block Grant funding from Riverside County; and FAC comments/support. Council reached a consensus and directed staff to add the option of a restroom at the top of Bear Creek Trail. PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — None MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans thanked staff, commissioners, and residents for attending the March 20, 2025, Special Joint Meeting of the City Council with the City Commissions; reported on her attendance at the Coachella Valley Future -is -Ours scholarship dinner; Senior Inspiration Award; Monet Circle Reception; Barcelona Club Apartments grand opening; and First Graders greeting at the Civic Center Campus. Mayor Pro Tem McGarrey announced that applications for lifeguards are now open; and reported on her attendance at Do -the -Right -Thing event. Councilmember Sanchez reported on his attendance at the La Quinta Rotary Lunch Club; and PGA West employee scholarship awards. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2025, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • SUNLINE TRANSIT AGENCY (attended on behalf of Councilmember Pena) CITY COUNCIL MINUTES Page 8 of 9 APRIL 1, 2025 La Quinta's representative for 2025, Mayor Pro Tem McGarrey reported on her participation in the following organizations' meetings: • LEAGUE OF CALIFORNIA CITIES — ENVIRONMENTAL QUALITY POLICY COMMITTEE • GREATER COACHELLA VALLEY CHAMBER OF COMMERCE CLOSED SESSION — Continued 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER 4. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6, CITY DESIGNATED REPRESENTATIVE: WILLIAM H. IHRKE; UNREPRESENTED EMPLOYEE — CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 6:27 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:37 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. 3 — no reportable action • CLOSED SESSION ITEM NO. 4 — no reportable action ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers McGarrey/Sanchez to adjourn at 7:37 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 9 of 9 APRIL 1, 2025