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2018 08 07 CC MinutesCITY COUNCIL MINUTES TUESDAY, AUGUST 7, 2018 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, Pena, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA Mayor Evans, City Manager Spevacek, and City Attorney Ihrke requested the following changes to the agenda: • Introduce new City Clerk Monika Radeva under Announcements, Presentations, and Written Communications portion of the meeting; • Consent Calendar Item No. 1 - pulled for modification and separate vote; • Consent Calendar Item No. 8 - provide comments related to Financial Advisory Commission (FAC) approval of the item; • Consent Calendar Item No. 9 - provide comments related to FAC approval of the item; • Consent Calendar Item No. 15 - pull from the Consent Calendar and move to Business Session Item No. 2 to clarify the payment schedule for the three agreements with HR Green Pacific, Interwest Consulting, and EsGil Corporation for on -call building code plan review and inspection services; • Consent Calendar Item No. 16 - pull to modify the schedule of compensation regarding rate adjustments based on Consumer Price Index included in the agreement with Willdan Engineering, Inc. for contract traffic engineering services, and for separate vote; • Public Hearing Items will be taken in the following order, per the agenda packet: ✓ Public Hearing Item No. 1 - Update the City's User and Regulatory Master Fee Schedule; ✓ Public Hearing Item No. 2 - Update the City's Transportation Uniform Mitigation Fee; and • City Manager Department Report - City Manager Spevacek will provide an update on local regulations regarding electricity net -energy metering. Council concurred. CITY COUNCIL MINUTES Page 1 of 14 AUGUST 7, 2018 CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 770-200-026; 776-150-021; 776- 150-023; 770-060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-062; 777-490-004; 777-490-006; 777-490- 007; 777-490-012 AND 777-490-014 CITY NEGOTIATOR: FRANK SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3: 05 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 no actions were taken in Closed Session that required reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Mayor Pro Tern Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Ms. Doriel Wyler, Community Services Commissioner, La Quinta - said she received inquiries from residents about the recently installed charging stations for electric vehicles. Mayor Evans explained that this was in line with the City's efforts to reduce air pollution; the charging stations were a contribution from Tesla, and funds specifically allocated for such efforts under the City's South Coast Air Quality Fund were used for the installation; currently the City is responsible for the electricity and maintenance of the stations, and thus, they were installed on City -owned properties - City Hall parking lot, Wellness Center, and the Village parking lot located west of Avenida Bermudas. City Manager Spevacek said the parking stall locations were selected to ensure accessibility and regulatory compliance in accordance with the Americans with Disabilities Act. PUBLIC SPEAKER: Ms. Jessica Munoz, Executive Director - Riverside County for Voices for Children, Court Appointed Special Advocates (CASAs) program for CITY COUNCIL MINUTES Page 2 of 14 AUGUST 7, 2018 Riverside County - said CASAs are special volunteers appointed by juvenile court judges who advocate for the best interest of children who have been removed from their homes due to abuse and neglect; the Riverside County CASA program was discontinued in 2014; Voices for Children was approached by the Judicial Council and the local bench to expand its CASA program from San Diego to include Riverside County as well; currently the CASA program services 356 children, and has 150-200 children on a waiting list; approximately 25% of the children are from the Coachella Valley; CASA trainings are offered in the Coachella Valley twice a year, upcoming trainings are scheduled for September 2018 and March 2019. Ms. Munoz said it was important for the organization to establish connections with local, public, and private agencies in the communities it serves and to cultivate relationships necessary to make the investments necessary to continue and expand the program. She commended the many La Quinta resident -volunteers who have been eager to work with Voices for Children. Council requested information on CASA trainings offered by Voices for Children in the Coachella Valley. PUBLIC SPEAKER: Ms. Toni DeAztlan, La Quinta - said in March 2018 she purchased a home in La Quinta on Madison Street, directly across from the polo grounds; is happy to see the street widening and pedestrian sidewalk improvements along Madison Street; said there would be increase of traffic and pedestrian activity along the street due to the improvements and expressed concerns about the safety and security of her property; and asked the City's cooperation in regulating noise levels and securing her property during the Coachella Valley Music and Arts Festival and Stagecoach Festival. Mayor Evans thanked Ms. DeAztlan for sharing her concerns, said Staff will reach out to her for further discussion and will work together as a team to address her concerns. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. PROCLAMATION HONORING LA QUINTA POLICE DEPARTMENT VOLUNTEER GENE SALUTE Mayor Evans, Councilmembers, Riverside County Sherriff Department Police Chief Misty Reynolds, and former La Quinta Assistant Police Chief Lieutenant Dave Walton presented La Quinta Police Department Volunteer Gene Salute with a proclamation in appreciation for his public service. 2. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR 2016/17 AWARD OF FINANCIAL REPORTING ACHIEVEMENT CITY COUNCIL MINUTES Page 3 of 14 AUGUST 7, 2018 Mayor Evans and Councilmembers commended the City's Finance Department team for their efforts and dedication in serving the City; said the City was awarded the Certificate of Achievement for Excellence in Financial Reporting by Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report; the City has received this award consecutively for 21 years; the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Finance Director Campos introduced the Finance Department team consisting of Account Technicians Marcus Gant and Derrick Armendariz, Junior Accountants Krystena Blondell and Sandra Laureano, Financial Services Analyst Rosemary Hallick, Management Assistant Jessica Delgado, and Senior Accountant Claudia Martinez; explained the involved and collaborative process required to compile the CAFR annually; and commended the Finance Department team for their hard work, dedication, resourcefulness, and innovation. 3. PROCLAMATION DECLARING SEPTEMBER AS EMPLOYMENT MONTH FOR LA QUINTA IN SUPPORT OF THE 23RD VALLEY -WIDE EMPLOYMENT EXPO Mayor Evans and Councilmembers presented Veterans' Representative Clarke Staehle with a proclamation, who accepted it on behalf of the Employment Development Department, declaring September as employment month for La Quinta in support of the 23rd Valley -Wide Employment Expo to be held at Fantasy Springs Resort Casino in Indio on Thursday, September 20, 2018, from 9:00 a.m. to 1:00 p.m. Mr. Staehle thanked the Council for their continued support. Mayor Evans said La Quinta's unemployment rate of 3.5% was the lowest in the Valley and thanked residents for being workforce contributors in all sectors in the Valley. 4. INTRODUCE DESIGN AND DEVELOPMENT DIRECTOR DELFIN (DANNY) CASTRO JR. AND CITY CLERK MONIKA RADEVA City Manager Spevacek introduced City Clerk Monika Radeva who expressed her gratitude for the opportunity to serve the City and the community; and said it is a privilege to be a part of Team La Quinta. City Manager Spevacek introduced Design and Development Director Delfin (Danny) Castro Jr. who said it is a privilege to serve La Quinta and thanked Council and Staff for the opportunity to be a part of the La Quinta team. CITY COUNCIL MINUTES Page 4 of 14 AUGUST 7, 2018 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND RECONVENED THE HOUSING AUTHORITY SPECIAL MEETING AT 4: 37 P.M. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4: 49 P.M. WITH ALL MEMBERS PRESENT CONSENT CALENDAR 1. pulled by City Manager Spevacek for modification and separate vote > > > APPROVE MINUTES OF JULY 17, 2018 2. ADOPT ORDINANCE NO. 575 ON SECOND READING AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE 3. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION ADVANCED FINANCIAL REPORTING TRAINING IN SACRAMENTO, CALIFORNIA, AUGUST 21-23, 2018 4. AUTHORIZE OVERNIGHT TRAVEL FOR THE HUMAN RESOURCES MANAGER AND MARKETING MANAGEMENT COORDINATOR TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, SEPTEMBER 12-13, 2018 5. AUTHORIZE OVERNIGHT TRAVEL FOR TWO TRAFFIC SIGNAL TECHNICIANS TO ATTEND INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION CERTIFICATION CLASSES IN ONTARIO, CALIFORNIA, OCTOBER 15-18, 2018 6. APPROVE DEMAND REGISTERS DATED JULY 13 AND 20, 2018 7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED MAY 31, 2018 8. comment by Mayor Evans >>> ADOPT RESOLUTION TO APPROVE CAPITAL ASSET POLICY [RESOLUTION NO. 2018-042] 9. comment by Mayor Evans >>> APPROVE ESTABLISHMENT OF AN INVESTMENT ACCOUNT WITH THE CALIFORNIA ASSET MANAGEMENT PROGRAM 10. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE AND ON -SITE IMPROVEMENTS FOR A THREE LOT SUBDIVISION CITY COUNCIL MINUTES Page 5 of 14 AUGUST 7, 2018 (PARCEL MAP NO. 33954) LOCATED NORTH OF CALLE AMIGO AND EAST OF AVENIDA BERMUDAS [RESOLUTION NO. 2018-043] 11. APPROVE SIX LEASE AGREEMENTS WITH ENTERPRISE FLEET MANAGEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENTS 12. APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR THE EISENHOWER DRIVE RETENTION BASIN IMPROVEMENTS PROJECT NO. 2015-12B 13. APPROVE FIRST AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH MSA CONSULTING, INC. AND NV5, INC. FOR ON -CALL CONSTRUCTION SURVEYING SERVICES 14. APPROVE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS WITH LANDMARK CONSULTANTS, INC. AND GEOCON WEST, INC. FOR ON -CALL CONSTRUCTION MATERIALS TESTING SERVICES 15. pulled by Mayor Evans and moved to Business Session Item No. Z >>> APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH HR GREEN PACIFIC, INTERWEST CONSULTING, AND ESGIL CORPORATION FOR ON -CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES 16. pulled by Mayor Evans for modification and a separate vote > > > APPROVE AGREEMENT WITH CONTRACT SERVICES WITH WILLDAN ENGINEERING, INC. FOR CONTRACT TRAFFIC ENGINEERING SERVICES 17. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP FOR LEADERSHIP DEVELOPMENT AND TRAINING PROGRAMS 18. ADOPT RESOLUTION TO APPROVE A POLICY ESTABLISHING THE PROCEDURES AND CRITERIA FOR INDIGENT STATUS DETERMINATION AS IT PERTAINS TO PERSON SEEKING PAYMENT PLAN OPTION FOR PARKING VIOLATIONS, PURSUANT TO ASSEMBLY BILL 503 (LAKEY) [RESOLUTION NO. 2018-044] CITY COUNCIL MINUTES Page 6 of 14 AUGUST 7, 2018 19. AUTHORIZE CONTRACTING WITH DESERT CONCEPTS FOR UP TO $100,000 OF WORK FOR FISCAL YEAR 2018/19 WHEN DESERT CONCEPTS IS THE QUALIFIED AND/OR LOWEST BID 20. AUTHORIZE SUBMISSION OF A GRANT APPLICATION FOR NATIONAL ENDOWMENT FOR THE ARTS' OUR TOWN CREATIVE PLACEMAKING PROGRAM CONSENT CALENDAR ITEM NO. 1: City Attorney Ihrke clarified the verbal announcement made at the July 17, 2018, Council meeting on Consent Calendar Item Nos. 9 - 12, pursuant to Government Code Section 54953(c)(3), regarding salaries, salary schedules, and compensation paid in the form of fringe benefits to the City's executive employees, as defined by Government Code Section 3511.1(d), that the City Manager position was approved for a maximum salary of $220,366, however, the current City Manager's salary is $213,015.36, and would like this modification to be included in that section of the July 17, 2018, minutes. MOTION - A motion was made and seconded by Councilmembers Pena/Sanchez to approve Consent Calendar Item No. 1 as amended above. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 16: City Attorney Ihrke said Willdan Engineering, Inc. has consented to delete the requirement for rate adjustments based on Consumer Price Index included in the agreement under the first sentence of the first paragraph on page 4 of Exhibit B - Schedule of Compensation (page 247 of the agenda packet). He asked that Council approve the agreement as modified and read the sentence to be deleted in its entirety from the agreement into the record: "Valid July 1, 2018 thru June 30, 2019, thereafter, rates may be raised once per year to value of change in Consumer Price Index for Los Angeles/Orange County/Sacramento/San Francisco/San Jose area, but not more than 5 percent per year. " MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item No. 16 as amended above. Motion passed unanimously. CONSENT CALENDAR ITEM NOS. 2-14 AND 17-20: Mayor Evans confirmed with Finance Director Campos and noted for the record that Consent Calendar Item Nos. 8 and 9 approving a Capital Asset Policy and the establishment of an investment account with the California Asset Management Program, respectively, were reviewed and recommended for Council approval by the Financial Advisory Commission as reflected in the minutes from their June 13, 2018, meeting. CITY COUNCIL MINUTES Page 7 of 14 AUGUST 7, 2018 MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Consent Calendar Item Nos. 2-14 and 17-20, as recommended with Item No. 2 adopting Ordinance No. 575; and Item Nos. 8, 10, and 18 adopting Resolution Nos. 2018-042, 2018-043, and 2018-044, respectively. Motion passed unanimously. BUSINESS SESSION THE ITEMS UNDER BUSINESS SESSION WERE TAKEN OUT OF ORDER 2. pulled from Consent Calendar Item No. 15 by Mayor Evans and moved to Business Session >>> APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH HR GREEN PACIFIC, INTERWEST CONSULTING, AND ESGIL CORPORATION FOR ON -CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES Building Official James Wiatrak and Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed the need for on -call contract services to assist Staff when there are sudden spikes in workload; the total 2018/19 annual budgeted amount for these services is $324,000; each of the three agreements is being approved for an amount not to exceed $324,000, merely to give Staff the flexibility to contract for these services with anyone of the three vendors, but not to exceed the annual budget; the City's ability to contract retired employees provided that the 120-day time provision from separation has been met; and language modifications to clarify the schedule of compensation that payments will be provided based on work performed and delete reference to monthly installment payments. City Attorney Ihrke noted for the record the following language revisions to Agreements for Contract Services with HR Green Pacific, Interwest Consulting, and EsGil Corporation for on -call building code plan review and inspection services. Pages 127, 159, and 191 of the agenda packet: Section 2.1 Contract Sum. Add the following sentence after the first sentence in this section to read: "Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and [insert one other "Contractor" from one of other agreements], and that certain Agreement for Contract Services by and between the City and [insert second other "Contractor" from one of the other agreements], CITY COUNCIL MINUTES Page 8 of 14 AUGUST 7, 2018 of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. " Remainder of Section 2.1 remains the same. Pages 128, 160, and 192 of the agenda packet: Section 2.2 Method of Billing and Payment. Revise the first sentence is this section to read: "Only after City requests Services to be performed by Contracting Party pursuant to the Scope of Services and this Agreement in general, for any month in which Contracting Party seeks to receive payment after being authorized by City to perform such Services, Contracting Party shall submit to City no later than the then (10t") working day of such month, in the form approved by the City's Finance Director, an invoice for such Services rendered prior to the date of the invoice. " Remainder of Section 2.2 remains the same. Pages 144, 176, and 207 of the agenda packet: Page 1 of Exhibit B - Schedule of Compensation Strike second sentence, and revise that sentence to read: "Contractor expressly acknowledges and agrees the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and [insert one other "Contractor" from one of other agreements], and that certain Agreement for Contract Services by and between the City and [insert second other "Contractor" from one of the other agreements], of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. The Contract Sum may be paid to Contracting Party in an amount identified in Contracting Party's schedule of compensation attached hereto for work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. " Remainder of Exhibit B remains the same. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to approve Agreements for Contract Services with HR Green Pacific, Interwest Consulting Group, and EsGil Corporation for on -call building code plan review and inspection services as amended above; and authorize the City Manager to execute the agreements. Motion passed unanimously. CITY COUNCIL MINUTES Page 9 of 14 AUGUST 7, 2018 1. APPROVE SILVERROCK VENUE SITE MASTER PLAN AND ADOPT RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2018- 0006, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR APPROXIMATELY 14-ACRE PASSIVE PARK VENUE WITHIN PLANNING AREA 11 OF THE SILVERROCK SPECIFIC PLAN; PROJECT: SILVERROCK EVENT SITE; CEQA: CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2014-1003, NO FURTHER REVIEW REQUIRED [RESOLUTION NO. 2018-045] Facilities Director Howlett and Planning Manager Perez presented the staff report, which is on file in the Clerk's Office. City Consultant Chris Hermann, President/CEO of Hermann Design Group gave a detailed presentation of the SilverRock Venue Site design; plan; amenities, including art walk - experience, bathroom facilities, walkways, modular event building, benches, trash receptacles, water feature, event lawn, landscaping and plant materials, lighting, amphitheater event stage, shade structures, back wall to platform, terrace walls seating; masterplan budget; additive alternates; project schedule. Council discussed the project timeline; ability to adjust the budget if savings are being realized along the way; the great progress made in a very short period of time; having to decide on the project budget amount in November when the plans are finalized; and possible events to be hosted on the site. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve the SilverRock Venue Site Master Plan as recommended. Motion passed unanimously. MOTION - A motions was made and seconded by Councilmembers Fitzpatrick/Radi to make a finding that the project is consistent with Environmental Assessment 2014-1003, and no further environmental review is required. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Resolution No. 2018-045 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2018-0006, INCLUSIVE OF SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR AN APPROXIMATELY 14-ACRE PASSIVE PARK VENUE WITHIN PLANNING AREA 11 OF THE SILVERROCK SPECIFIC PLAN Motion passed unanimously. STUDY SESSION - None CITY COUNCIL MINUTES Page 10 of 14 AUGUST 7, 2018 PUBLIC HEARINGS - after 5:00 p.m. 1. ADOPT RESOLUTION TO UPDATE THE CITY'S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2018-046] City Clerk Radeva and ClearSource Financial Consultant Madsen presented the staff report, which is on file in the Clerk's Office. Council discussed how La Quinta fees compare to neighboring cities' fee schedules and the additional Short -Term Vacation Rental inspection fees would not affect the permit cost, and would only be applied when necessary to perform additional property inspections. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:41 P.M. PUBLIC SPEAKER: Gretchen Gutierrez, CEO of Desert Valleys Builders Association (DVBA) - said the DVBA was very engaged with this fee update and provided Consultant and Staff with comments that resulted in the change of the CPI index; a second comment letter dated August 7, 2018, was distributed to Council and entered into the record, listing concerns about the greater than CPI increase on the Public Works fees, which the DVBA understands will be addressed through the City's comprehensive fee study scheduled for 2019; requested that the City include a detailed cost -fee analysis when proposing greater than CPI fee increases; and noted that the DVBA just completed the nine -cities fee study comparison for the Coachella Valley and La Quinta rates in the middle. PUBLIC SPEAKER: Deborah McGarrey, Public Affairs Manager with Southern California Gas Company (SCG) - said she was pleased to learn that La Quinta will be conducting a comprehensive fee study next year; and explained that as a utility company, SCG passes on any fees to the end -user, due to limited funding available to invest into infrastructure. Mayor Evans noted that since 2013 the City has consistently updated its fee schedule on an annual basis to avoid sudden fee spikes, and conducts a comprehensive fee analysis every five to seven years. Prior to implementing this practice, the City's fees had not been updated since 1995. Mayor Evans noted for the record that the City received a letter of support from the Building Industry Association of Southern California - Riverside County Chapter for this item. CITY COUNCIL MINUTES Page 11 of 14 AUGUST 7, 2018 MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:50 P.M. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to adopt Resolution No. 2018-046 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES Motion passed unanimously. 2. INTRODUCE AND ORDINANCE AMENDING CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) [ORDINANCE NO. 576 AND RESOLUTION NO. 2018-047] Management Analyst Mignogna presented the staff report which is on file in the Clerk's Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:54 P.M. PUBLIC SPEAKER: Gretchen Gutierrez, CEO with the DVBA - said the DVBA worked closely with the Coachella Valley Association of Governments (CVAG) for three years to get to this point; CVAG had not adjusted TUMF for 12 years; CVAG had to adjust its project list to better align it with available TUMF; and TUMF continues to exempt low-income housing projects. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:56 P.M. MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to take up Ordinance No. 576 by title and number only, and waive further reading. City Clerk Radeva read the following title of Ordinance No. 576 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEES Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to introduce at first reading Ordinance No. 576 amending Chapter 3.33 of the La Quinta Municipal Code pertaining to the collection of Transportation Uniform Mitigation Fees. CITY COUNCIL MINUTES Page 12 of 14 AUGUST 7, 2018 MOTION - A motion was made a seconded by Councilmembers Radi/Fitzpatrick to adopt Resolution No. 2018-047 amending the Transportation Uniform Mitigation Fee amount as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE AMOUNT PURSUANT TO CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE RELATING TO TRANSPORTATION UNIFORM MITIGATION FEE Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk's Office. City Manager Spevacek said at the July 17, 2018, meeting Council directed Staff to prepare an ordinance on electricity net -metering for Council consideration; due to pending discussions underway, the ordinance was not brought forth at today's meeting; IID Government Affairs Specialist Emanuel Martinez has reached out to the City to meet with Staff and Councilmembers for further discussions, and Councilmembers Sanchez and Pena have expressed an interest to participate in these discussions tentatively scheduled for Wednesday, August 15, 2018. City Manager Spevacek asked for Council's direction on next steps. Council reached a consensus to proceed with the meeting and have Councilmembers Sanchez and Pena represent the Council. 2. CITY ATTORNEY - PROPOSED STATE REGULATION - CANNABIS DELIVERY IN CITIES City Attorney Ihrke presented the staff report, which is on file in the Clerk's Office. Council reached a consensus and directed the City Attorney to submit comments to the California Bureau of Cannabis Control in opposition to proposed section 5416(d), to the extent it has a preemptive effect over the City's local regulations governing delivery of cannabis, and/or proposed sections 5001(c)(11) and 5002(c)(28), which would reduce the period to verify if a licensee has obtained necessary local approvals from 60 to 10 days, following the League of California Cities template comment letter enclosed as Attachment 1. CITY COUNCIL MINUTES Page 13 of 14 AUGUST 7, 2018 MAYOR'S AND COUNCIL MEMBERS' ITEMS Council expressed their gratitude to the services the Fire and Police Departments staff provide to the communities in their efforts to contain the ongoing California fires and mitigate evacuations and safety issues. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2018, Councilmember Pena reported on his participation in the following organization meeting: • EAST VALLEY COALITION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Pena to adjourn at 6:05 p.m. Motion passed unanimously. Respectfully submitted, V � MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 14 of 14 AUGUST 7, 2018