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2023 02 07 CC MinutesCITY COUNCIL MINUTES TUESDAY, FEBRUARY 7, 2023 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, McGarrey, Pena, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA Councilmember McGarrey said she will recuse herself and abstain from the discussion and vote on Consent Calendar Item No. 12 due to a potential conflict of interest stemming from a business relationship as her employer is Southern California Gas Company; and requested that this item be pulled for a separate vote. Council concurred. CLOSED SESSION 1. SEMI-ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported Council completed the City Manager's semi-annual performance evaluation and no actions were taken that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Pena led the audience in the Pledge of Allegiance. CITY COUNCIL MINUTES Page 1 of 8 FEBRUARY 7, 2023 Taken out of Agenda order >>> ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS RIVERSIDE COUNTY TRANSPORTATION COMMITTEE COACHELLA VALLEY RAIL UPDATE — PRESENTATION BY DEPUTY EXECUTIVE DIRECTOR AARON HAKE Deputy Executive Director Hake provided a presentation on the Riverside County Transportation Committee's progress on the Coachella Valley Rail, a daily intercity commuter rail service to/from the Counties of Riverside, San Bernardino, Los Angeles, and Orange with nine stations from Union Station in Los Angeles to the City of Coachella. Mr. Hake answered Council's questions regarding funding; economic benefits to the Coachella Valley; criteria for rail station locations; partnership with CalTrans; third rail timeline; Union Pacific involvement; emission reduction studies; possibility of moving the existing Palm Springs station to a more accessible location; reasons for constructing a third rail as opposed to installing spurs to allow freight -commuter train sharing of existing tracks; and Amtrak's interest in establishing a Los Angeles -Phoenix -Tucson commuter rail. Taken out of Agenda order >>> PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Kay Wolff, La Quinta — spoke regarding the City's Short -Term Vacation Rentals (STVR) Program. Ms. Wolff noted that the City ordinance has two flaws: (1) there is no end date for STVRs operating in residential neighborhoods, and (2) the ban on new permits can be rescinded by future Councils; Councilmembers will be lobbied by investors to lift the ban on new STVRs; residents are still living with STVR; and residents are waiting for Council to reaffirm its commitment to the ban on new permits and to strengthen the ordinance. City Manager McMillen announced that a periodic review and discussion of the STVR program is scheduled for the first Council meeting in March. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF JANUARY 17, 2023 2. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2022-08 3. AWARD CONTRACT TO CALIFORNIA COMMERCIAL POOLS, INC., FOR LA QUINTA PARK SPLASH PAD RENOVATION PROJECT NO. 2022-19 CITY COUNCIL MINUTES Page 2 of 8 FEBRUARY 7, 2023 4. ACCEPT THE LA QUINTA LANDSCAPE IMPROVEMENTS PROJECT NO. 2016-03G, LOCATED AT THE LA QUINTA X-PARK, ON THE SOUTH SIDE OF WESTWARD HO DRIVE AND EAST SIDE OF DUNE PALMS ROAD 5. ACCEPT JEFFERSON STREET AT AVENUE 53 ROUNDABOUT PROJECT NO. 2017-09, LOCATED AT THE INTERSECTION OF JEFFERSON STREET, SILVERROCK WAY AND HIDEAWAY ENTRANCE 6. ACCEPT WASHINGTON STREET AT AVENUE 50 AND CALLE TAMPICO SIDEWALK AND AMERICAN WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2019-23, LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND AVENUE 50 AND THE SOUTHSIDE OF CALLE TAMPICO FROM CALLE OBISPO TO WASHINGTON STREET 7. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND CITY CLERKS' ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 100 IN RIVERSIDE, CALIFORNIA, MARCH 13-17, 2023 8. AUTHORIZE OVERNIGHT TRAVEL FOR THREE PLANNING COMMISSIONERS AND ONE PLANNING STAFF MEMBER TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONERS ACADEMY IN GARDEN GROVE, CALIFORNIA, MARCH 29 — 31, 2023 9. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC., FOR ADDITIONAL SPENDING AUTHORITY UP TO $175,000 FOR EXTRA WORK AND PURCHASE OF PLANT MATERIALS IN FISCAL YEAR 2022/23 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER 10. EXCUSE ABSENCES OF COMMISSIONER GUERRERO FROM THE JANUARY 24, 2023, PLANNING COMMISSION MEETING AND COMMISSIONER BATAVICK FROM THE FEBRUARY 2, 2023, FINANCIAL ADVISORY COMMISSION SPECIAL MEETING 11. APPROVE DEMAND REGISTERS DATED JANUARY 13, JANUARY 20, AND JANUARY 27, 2023 12. APPROVE DEMAND REGISTER FOR SOUTHERN CALIFORNIA GAS COMPANY DATED JANUARY 27, 2023 MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve Consent Calendar Item Nos. 1 — 11 as recommended. Motion passed unanimously. CITY COUNCIL MINUTES Page 3 of 8 FEBRUARY 7, 2023 CONSENT CALENDAR ITEM NO. 12 COUNCILMEMBER MCGARREY RECUSED HERSELF FROM DISCUSSION AND VOTE ON THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP WITH SOUTHERN CALIFORNIA GAS COMPANY MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to approve Consent Calendar Item No. 12 as recommended. Motion passed — ayes 4, noes 0, abstain 1 (McGarrey), absent 0. BUSINESS SESSION 1. APPROVE SECOND ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2022/23 COUNCILMEMBER MCGARREY STATED SHE SERVES AS A VOLUNTEER ON THE BOARD OF FRIENDS OF THE DESERT MOUNTAINS NON-PROFIT ORGANIZATION AND DOES NOT RECEIVE A STIPEND; THUS, THERE IS NO CONFLICT WITH HER PARTICIPATING IN THE DISCUSSION AND VOTE ON THIS ITEM MAYOR EVANS STATED SHE SERVES ON THE COACHELLA VALLEY VOLUNTEERS IN MEDICINE, A NATIONAL NON-PROFIT ALLIANCE, AND DOES NOT RECEIVE A STIPEND; THUS, THERE IS NO CONFLICT WITH HER PARTICIPATING IN THE DISCUSSION AND VOTE ON THIS ITEM Community Resources Manager Christina Calderon presented the staff report, which is on file in the Clerk's Office. Council discussed the evaluation process; encouraging students to write and apply for grant funds; partnering with the District Foundation; important work being done by these non-profit organizations; Coachella Valley Horse Rescue program and funding; and need for Angle Force data. PUBLIC SPEAKERS: Rescue Operations Director Linda Dondero and Grant Writer Brenda Vatland with Coachella Valley Horse Rescue — introduced themselves and provided detailed information on the services they provide, including the veterans' program, and children's camp. PUBLIC SPEAKER: Executive Director Tammy Martin with Friends of the Desert Mountains — introduced herself, provided details on the services they provide, including youth programs, and thanked Council for their continued support. CITY COUNCIL MINUTES Page 4 of 8 FEBRUARY 7, 2023 PUBLIC SPEAKER: Board Member and Secretary Aileen Alvarez with Shay's Warriors — introduced herself, spoke about the services the organization provides to cancer survivors, and thanked Council for the starter grant. MOTION — A motion was made and seconded by Councilmembers McGarrey/Sanchez to approve the second round of Community Services Grants for fiscal year 2022/23 as detailed below for a total combined grant funding of $23,000: • Angel Force $0 • Angel View $3,500 • Coachella Valley Horse Rescue $4,500 • Coachella Valley Volunteers in Medicine $5,000 • Friends of the Desert Mountains $4,500 • La Quinta High School AVID* $0 • Riverside County Sheriff Explorer Post 503 $5,000 • Shay's Warriors* $500 starter grant Motion passed unanimously. 2. APPOINT ONE COUNCILMEMBER TO SERVE ON THE PILLARS OF THE COMMUNITY, DISTINGUISHED ARTISTS, AND DISTINGUISHED ATHLETES AWARD PROGRAMS REVIEW SUBCOMMITTEE Community Resources Analyst Michael Calderon presented the staff report, which is on file in the Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Pena/McGarrey to appoint Councilmember Fitzpatrick to serve on the Pillars of the Community, Distinguished Artists, and Distinguished Athletes award programs review subcommittee as recommended. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:09 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:15 P.M. WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS IMPERIAL IRRIGATION DISTRICT (IID) CONTRACT EXPIRATION AND CONSIDER OPTIONS IN MOVING FORWARD THAT ADDRESS AGING EQUIPMENT AND STRESSED POWER GRID City Manager McMillen presented the staff report, which is on file in the Clerk's Office. Council discussed the current focus and governance of IID; IID being a special district versus a stockholder corporation like Southern California Edison Co.; Riverside County's non -representation on the IID Board; importance of representation on the IID Board if IID continues to provide service to La Quinta residents; inability for La Quinta to grow unless CITY COUNCIL MINUTES Page 5 of 8 FEBRUARY 7, 2023 infrastructure is upgraded and aging equipment replaced; allowance of self -generation by developers via wind, solar, gas, etc.; future existence of IID; both increased capacity for new in -fill projects and replacement of existing deteriorating infrastructure need significant funds and currently there is no source of those funds; need for media to cover this important matter, i.e., what entity will provide electricity in 2033, how will upgrades be funded, what will rates look like, will customers be represented, etc.; statewide move to electric -powered vehicles stressing the grid; challenge of resolving matter when there are multiple cities, jurisdictions, and agencies involved; unclear as to what entity owns the infrastructure; the 1934 Compromise Agreement terms, including the imprecise language on infrastructure ownership; City's ability to establish its own utility district; working with other City Attorneys to scrutinize and dissect the 1934 Compromise Agreement, subsequent agreements, and Agreement performance/non-performance; owner of infrastructure would be responsible for repairs and upgrades, and would be the entity to issue bonds to fund upgrades; City's options for buying/leasing land for a solar farm; possibility of Coachella Valley Water District (CVWD) providing electricity in the future; possibility of eastern Coachella Valley customers creating their own special district; Local Agency Formation Commission (LAFCO) energy study underway will provide governance options only, no recommendations; I ID's Energy Consumers Advisory Committee (ECAC) and the newly formed IID Coachella Valley Energy Commission (CVEC) have no vote, authority, or power, only provide recommendations to the IID Board; past efforts of State Assemblyman Chad Mayes to get representation on the IID Board for all its customers; possibility of allowing off -grid, self-sustaining projects; conflict between mandated State affordable housing project and insufficient power to supply them; lead time for delivery of new generators, transformers and utility poles; important to provide incentives for rooftop solar installation in IID territory; the pending failure of IID transformers, wood poles, etc.; the need for IID to stockpile replacement equipment for emergencies, such as a major earthquake; need to explore the effect the proposed Chuckwalla National Monument, which contains IID transmission lines, would have on future energy service; getting County Supervisor Perez personally involved; providing guidelines to LAFCO regarding La Quinta's position; State's Public Utilities Commission does not have jurisdiction over IID because it is a special district, not a public utility company; LAFCO is the agency that has jurisdiction; need to engage regional partners; and importance of City Managers working daily behind -the -scenes to study problem and examine solutions. PUBLIC SPEAKER: Philip Bettencourt, La Quinta, At -Large Commissioner on the IID CVEC — said it's important for each stakeholder city to develop its own economic and intellectual library of tools needed to protect constituents, and be an effective dealmaker when the time comes. Council directed City Manager McMillen to continue to work with the other City Managers within the affected regions, and for the City Attorney to work with other City Attorneys representing the affected regions to determine options and solutions available to Council. PUBLIC HEARINGS — None CITY COUNCIL MINUTES Page 6 of 8 FEBRUARY 7, 2023 DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. 3. STATE OF EMERGENCY RELATING TO NOVEL CORONAVIRUS DISEASE 2019 AND TELECONFERENCE ACCESSIBILITY FOR PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 2449 (RUBIO) (STATS. 2022, CH. 285) IMPLEMENTING NEW BROWN ACT PROVISIONS [GOVERNMENT CODE SECTION 54953 AND 54954.2] City Clerk Radeva summarized the teleconference requirements and procedures under AB 2449. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans reported on her attendance at the Desert Sands Education Foundation fundraiser; Council's attendance at the Dune Palm Bridge groundbreaking ceremony on January 30, 2023; the Patriot's Luncheon; and the upcoming 100th birthday celebration for famous winemaker Miljenko "Mike" Grgich. Councilmember Sanchez reported on his attendance at the Sotheby's ribbon cutting event; and delivery of 90 tattered American flags to the American Legion for proper disposal. Councilmember McGarrey reported on her attendance at the League of California Cities, City Council Academy. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meetings: • DESERT SANDS SCHOOL DISTRICT COMMITTEE • GREATER PALM SPRINGS CONVENTION AND VISITORS' BUREAU La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organizations' meetings: • CVAG TRANSPORTATION COMMITTEE • RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta's representative for 2023, Mayor Pro Tern Sanchez reported on his participation in the following organizations' meetings: • ANIMAL CAMPUS COMMISSION • DESERT SANDS UNIFIED SCHOOL DISTRICT 2X2 COMMITTEE CITY COUNCIL MINUTES Page 7 of 8 FEBRUARY 7, 2023 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adjourn at 6:33 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 8 of 8 FEBRUARY 7, 2023