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2023 04 18 CC MinutesCITY COUNCIL MINUTES TUESDAY, APRIL 18, 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, Sanchez, Mayor Evans ABSENT: Councilmember Pena MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to excuse Councilmember Pena's absence from tonight's meeting. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Pena). PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA City Manager McMillen requested to pull Consent Calendar Item No. 6 related to Measure A Half Cent Sales Tax Five -Year Capital Improvement Plan and Consent Calendar Item No. 7 related to City's Project List for Senate Bill 1, Road Repair and Accountability Act 2017 Funding, and move the items for consideration under Business Session Item Nos. 2 and 3, respectively. Council concurred. Mayor Evans said if Councilmember Pena attends tonight's meeting, he will recuse himself from discussion and vote on Business Session Item No. 1 due to a potential conflict of interest stemming from the proximity of his real property to the Fritz Burns pool for which management and operations services were under consideration. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY LOCATED ON AVENIDA NAVARRO (APNs: 773-078-006 AND 773-078-007 CITY NEGOTIATOR: JON McMILLEN, CITY MANAGER PROPERTY OWNER: NEWMAN ENTERPRISES, LLC NEGOTIATING PARTY: NEWMAN ENTERPRISES, LLC UNDER NEGOTIATION: PRICE AND TERM OF PAYMENT AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) CITY COUNCIL MINUTES Page 1 of 8 APRIL 18, 2023 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 3:33 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:03 P.M. WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND SANCHEZ PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney lhrke reported the following pursuant to Government Code section 54950 et seq. (Brown Act): • CLOSED SESSION ITEM NO. 1 — Council concluded consideration of this item, and there were no actions taken that require reporting pursuant to Government Code Section 54957.1 (Brown Act); and • CLOSED SESSION ITEM NO. 2 — Council will reconvene to Closed Session after the Open Session portion of tonight's meeting to consider this item. PLEDGE OF ALLEGIANCE Councilmember McGarrey led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Mayor Evans said anyone who wishes to provide public comments can complete a pink Request to Speak Form and turn it to the City Clerk; and explained matters not on the agenda cannot be considered by Council in accordance with state law. City Attorney lhrke provided a summary of the City's Rules of Procedure for Council Meetings and Related Functions and Activities adopted via Resolution No. 2022-027, particularly Section 4, which addresses Rules, Decorum, and Order during public meetings, and reminded the public that slanderous remarks and boisterous behavior are not appropriate and will not be tolerated. PUBLIC SPEAKER: Philip Bettencourt, La Quinta — said the Riverside County Local Agency Formation Commission (LAFCO) completed the Alternative Governance and Electricity Services Study conducted to provide an analysis of options for future governance of the Imperial Irrigation District's (IID) electricity services within its current service delivery area, including Riverside County, and to include proportional representation from Riverside County; currently the public comment period for this study is open; and he looks forward to his service on the IID Coachella Valley Energy Commission, as the appointed At Large Member representative, which next meeting is scheduled for later in the week. CITY COUNCIL MINUTES Page 2 of 8 APRIL 18, 2023 PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker realtor, and La Quinta resident — provided an update on Chamber events including Chamber 101 meetings; ribbon cuttings; the executive staff search; new members; and the upcoming City staff meeting with the Chamber Chairman. PUBLIC SPEAKER: Richard Gray, La Quinta — recommended that all new apartment projects install solar panels for electric production to relieve the strain on the current grid; suggested that a fund be established with contributions from developers, for future water development; recommended the City mandate that all apartment projects be required to run natural gas lines to the site as an alternative energy source; complimented staff on the indexing by item of the Council meeting videos on the website; asked for the website to include the status of major projects; and stated that a 1 % decrease in the sales tax would attract more commerce to La Quinta. City Manager McMillen explained that the City's Building Code currently does require solar panel installation on new projects, and Mayor Evan explained that contrary to the current Bill working its way through the State Legislature, the City does not support the push for 100% electric energy for future developments, but supports providing energy alternatives and variety to developers. PUBLIC SPEAKER: Lynne Daniels, owner of Dupont Estate, La Quinta — spoke about her Highland Palms neighborhood; expressed personal safety concerns and escalating problems with neighbors; mentioned her neighbors' continuous code compliance violations, such as trash cans; and asked if the library in her neighborhood was permitted. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PRESENTATION ON X-PARK OPERATIONS SINCE THE OPENING IN 2022 BY EXECUTIVE DIRECTOR MARK LAUE AND OPERATIONS DIRECTOR VICTOR NELSON WITH ACTION PARK ALLIANCE Executive Director Laue and Operations Director Nelson with Action Park Alliance provided an update on the La Quinta X-Park operations, programs, and membership. 2. PRESENTATION ON LA QUINTA LIBRARY AND LA QUINTA MUSEUM PROGRAMS, EXHIBITS, AND ACTIVITIES BY LA QUINTA LIBRARY BRANCH MANAGER SARA DELACRUZ, LA QUINTA MUSEUM DIRECTOR SHARLA FOX, AND MAKERSPACE SUPERVISOR MICHELE MCNEILLY La Quinta Library Branch Manager Delacruz provided an overview of activities, programs, special events, field trips, birthday celebrations, storytime, etc. held at the library; and local businesses donations and support for the library. La Quinta Museum Director Fox provided an overview of permanent and traveling exhibits, programs, events, and group activities available at the museum. CITY COUNCIL MINUTES Page 3 of 8 APRIL 18, 2023 Makerspace Supervisor McNeilly provided an overview of 3-D printing classes, sewing classes, camps, programs, workshops, Cricut Maker classes, vacuum forming, and membership offered at the Makerspace station, located at the La Quinta library. Council directed staff to explore subsidies or scholarships for Makerspace memberships for local families. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF MARCH 21, 2023 2. EXCUSE ABSENCE OF COMMISSIONER ANDERSON FROM THE MAY 10, 2023, QUARTERLY FINANCIAL ADVISORY COMMISSION MEETING 3. ACCEPT BLACKHAWK WAY SCHOOL CROSSING PROJECT NO. 2022-22, LOCATED ON BLACKHAWK WAY BETWEEN ADAMS STREET AND DUNE PALMS ROAD 4. AUTHORIZE SUBMISSION OF GRANT APPLICATION FOR THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM 5. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $125,000 OF MATERIALS FOR FISCAL YEAR 2022/23 6. Pulled from Consent Calendar by Staff and moved for consideration under Business Session No. 2 »> APPROVE FISCAL YEAR 2023/24 THROUGH 2027/28 MEASURE A HALF CENT SALES TAX FIVE-YEAR CAPITAL IMPROVEMENT PLAN 7. Pulled from Consent Calendar by Staff and moved for consideration under Business Session No. 3 »> ADOPT RESOLUTION TO APPROVE THE CITY'S PROJECT LIST FOR FISCAL YEAR 2023/24 FOR SENATE BILL 1 - ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING [RESOLUTION NO. 2023-009] 8. ADOPT RESOLUTION TO APPROVE REVISIONS TO THE CITY'S PURCHASING AND CONTRACTING POLICY [RESOLUTION NO. 2023-008] 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2023 10. APPROVE DEMAND REGISTERS DATED MARCH 31 AND APRIL 7, 2023 CITY COUNCIL MINUTES Page 4 of 8 APRIL 18, 2023 MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve the Consent Calendar Item Nos. 1 — 5 and 8 — 10, with Item No. 8 adopting Resolution No. 2023-008. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Pena). BUSINESS SESSION 1. APPROVE AMENDMENT NO.2 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT RECREATION DISTRICT (DRD) TO PROVIDE MANAGEMENT AND OPERATION SERVICES FOR THE FRITZ BURNS POOL TO INCLUDE ADDITIONAL PROGRAMMING, INCREASE COMPENSATION FOR FISCAL YEARS 2022/23 AND 2023/24, AND TO EXTEND THE TERM THROUGH FISCAL YEAR 2023/24 Management Analyst Calderon and Community Resources Manager Calderon presented the staff report, which is on file in the Clerk's Office. Council discussed lifeguard position shortages and certification for the 75 to 80 employees needed for five (5) pools DRD operates; the Ready -Set -Swim program; 22- hour deep water American Red Cross lifeguard training for ages 16+; contacting military recruiters to encourage enlistees to become certified lifeguards; waiver of the $250 lifeguard training course fee provided by DRD as an incentive; collaborating with the YMCA; and lifeguard pay starting at $17 per hour. PRESENTER: Maureen Archuleta, Community Services Supervisor with DRD in charge of the Fritz Burns pool operations — provided an overview of staffing; programs; swimming lessons; hours of operations; and lifeguard certification through the Red Cross. MOTION — A motion was made and seconded by Councilmembers Sanchez/McGarrey to approve Amendment No. 2 to Agreement for Contract Services with Desert Recreation District to provide management and operation services for the Fritz Burns pool, to include additional programming, increase compensation for fiscal years 2022/23 and 2023/24, and to extend the term through fiscal year 2023/24; and authorize the City Manager to execute the Amendment as recommended. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Pena). 2. Pulled from Consent Calendar Item No. 6 by Staff and moved for consideration as Business Session No. 2 »> APPROVE FISCAL YEAR 2023/24 THROUGH 2027/28 MEASURE A HALF CENT SALES TAX FIVE-YEAR CAPITAL IMPROVEMENT PLAN Public Works Director/City Engineer McKinney and Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed pavement rehab on Madison Street from Avenue 50 to Lake Cahuilla; pothole at Washington Street and Lake La Quinta; source of Riverside County's Measure CITY COUNCIL MINUTES Page 5 of 8 APRIL 18, 2023 A funds, and spending to date; and appropriation of the County's Measure A funds to Coachella Valley cities. MOTION — A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to approve the fiscal year 2023-24 through 2027/28 Measure A Half Cent Sales Tax five- year Capital Improvement Plan. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Pena). 3. Pulled from Consent Calendar Item No. 7 by Staff and moved for consideration as Business Session No. 3 »> ADOPT RESOLUTION TO APPROVE THE CITY'S PROJECT LIST FOR FISCAL YEAR 2023/24 FOR SENATE BILL 1 (SB1) - ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING [RESOLUTION NO. 2023-009] Public Works Director/City Engineer McKinney and Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed how each city's funding is determined; SB1 being an allocation from Gas Tax; future of Gas Tax funding if California's goal to convert to all electric is realized; proportionate increase if La Quinta annexes its sphere -of -influence territory; grant being sought for the Highway 111 re -pavement project; and useful life of slurry seal applications. MOTION — A motion was made and seconded by Councilmembers Sanchez/McGarry to adopt Resolution No. 2023-009 to approve the City's project list for fiscal year 2023/24 to receive estimated funds from Senate Bill 1, Road Repair and Accountability Act of 2017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Pena). STUDY SESSION — None PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS City Manager McMillen provided an update on short-term vacation rental (STVR) activity during the first weekend of the 2023 Coachella Valley Music and Art Festival — a total of 11 inquiries/complaints were received and resolved; 9 were inquiries related to whether or not a property was permitted as STVR; 1 complaint was related to over parking; 1 complaint was related to 2 commercial trucks; and there were no noise complaints. CITY COUNCIL MINUTES Page 6 of 8 APRIL 18, 2023 Councilmember Sanchez reported on his attendance at the Mothers Against Prescription Drug Abuse event; and the Chuckwalla air tour around the proposed monument lands. Mayor Evans reported on her attendance at the Ophelia luncheon; KESQ interview; the annual Easter Eggstravaganza egg hunt event; a presentation at an Indio club; and her meeting with American Express Golf Tournament representatives. Councilmember Fitzpatrick reported on her attendance at the PGA West Men's Discussion Group; and the Ophelia luncheon. Councilmember McGarrey reported on her attendance at the Chamber of Commerce member orientation. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meetings: • CVAG COACHELLA VALLEY CONSERVATION COMMISSION • CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE • IMPERIAL IRRIGATION DISTRICT — CV ENERGY COMMISSION • CV UNIFIED SCHOOL DISTRICT BOARD MEETING La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta's representative for 2023, Councilmember McGarrey reported on her participation in the following organization's meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE La Quinta's representative for 2023, Mayor Pro Tem Sanchez reported on his participation in the following organizations' meeting: • LEAGUE OF CALIFORNIA CITIES' COMMITTEE MEETINGS Council directed staff to invite a member of the CVAG Coachella Valley Conservation Commission to a Council meeting to present its annual report; and share the IID study with League of California Cities members. CLOSED SESSION — Continued 2. 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 COUNCIL MINUTES Page 7 of 8 APRIL 18, 2023 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 6:22 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:59 P.M. WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND SANCHEZ PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney lhrke 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 Sanchez/McGarrey to adjourn at 7:00 p.m. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Pena). Respectfully submitted, r� MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 8 of 8 APRIL 18, 2023