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2019 10 01 CC MinutesCITY COUNCIL MINUTES Page 1 of 10 OCTOBER 1, 2019 CITY COUNCIL MINUTES TUESDAY, OCTOBER 1, 2019 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, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA City Clerk Radeva said City Attorney Ihrke will make a verbal announcement on Business Session Item No. 2 regarding the salary and fringe benefits of the Public Works/City Engineer position, pursuant to Government Code Section 54953(c)(3) [Brown Act]. Council concurred. CLOSED SESSION 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: WASHINGTON-111, LTD., CLAIMANT, V. CITY OF LA QUINTA, RESPONDENT, JUDICATE WEST ALTERNATIVE DISPUTE RESOLUTION CASE NO. A257070 2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9. NAME OF CASE: CITY OF LA QUINTA V. CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC1803284 3.CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF COMMUNITY RESOURCES; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES’ ASSOCIATION CITY COUNCIL MINUTES Page 2 of 10 OCTOBER 1, 2019 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:01 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 require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Mayor Pro Tem Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA P UBLIC SPEAKER: Philip Bettencourt, La Quinta, - said he was speaking on behalf of the Rancho La Quinta Marine Corps Host Committee (Committee) who are again hosting a Thanksgiving Day Ceremony, which offers valley residents the opportunity to share their Thanksgiving Day with Marines from the Air Ground Combat Center in 29 Palms; and extended an invitation to Mayor Pro Tem Sanchez to join the Committee and residents at the Ceremony to welcome the marines. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1.COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR 2017/18 AWARD OF FINANCIAL REPORTING ACHIEVEMENT 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 22 years; the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and it represents a significant accomplishment by a government and its management. Mayor Evans introduced the Finance Department team consisting of Finance Director Romero, Account Technicians Armendariz and Choo, Junior Accountant Laureano, Accountant Blondell, Financial Services Analyst Hallick, Management Assistant Delgado, and Senior Accountant Martinez. Senior Accountant 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. CITY COUNCIL MINUTES Page 3 of 10 OCTOBER 1, 2019 2.PROCLAMATION IN SUPPORT OF THE UNITED STATES 2020 CENSUS UPDATE Mayor Evans and Councilmembers presented Mr. Doug Hassett with a Proclamation supporting participation in the United States 2020 Census update. Mr. Hassett, the Partnership Specialist with the Department of Commerce with the U.S. Census Bureau, Los Angeles Regional Census Center, gave a presentation on the history of the US Census Bureau, data collection purpose and use, and the importance to participate in the Census update. 3.PROCLAMATION IN RECOGNITION OF NATIONAL FIRE PREVENTION WEEK – OCTOBER 6 – 12, 2019 Battalion Chief Robert Fish, on behalf of the Riverside County Fire Department, accepted a proclamation honoring Fire Prevention Week in La Quinta, presented by Mayor Evans and Councilmembers who commended them for their services. Battalion Chief Fish introduced Fire Safety Specialist Kohl Hetrick; recognized his hard work and dedication; and spoke about the Fire Department’s safety theme of “Not Every Hero Wears a Cape, Plan and Practice Your Escape” which educates on the importance of making a home escape plan and practicing it often. CONSENT CALENDAR 1. APPROVE MINUTES OF SEPTEMBER 17, 2019 2.APPROVE DEMAND REGISTERS DATED SEPTEMBER 6 AND 13, 2019 3. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND DEPUTY CITY CLERK TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY CLERKS’ NEW LAW AND ELECTIONS SEMINAR IN ORANGE COUNTY, CALIFORNIA, DECEMBER 11 – 13, 2019 4. ADOPT RESOLUTION TO AUTHORIZE APPLICATION FOR, AND RECEIPT OF, CALIFORNIA SENATE BILL 2 PLANNING GRANTS PROGRAM FUNDS TO STREAMLINE AND INCREASE HOUSING PRODUCTION [RESOLUTION NO. 2019-041] 5.APPROVE AGREEMENT FOR CONTRACT SERVICES WITH Z&K CONSULTANTS BUILDING SOLUTIONS TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE SILVERROCK PARK VENUE PROJECT (PROJECT NO. 2016-08) 6. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH BEST SIGNS, INC. FOR THE PURCHASE AND INSTALLATION OF SIGNS FOR CITY COUNCIL MINUTES Page 4 of 10 OCTOBER 1, 2019 THE HIGHWAY 111 AUTO DEALER SIGNAGE PROJECT (PROJECT NO. 2019-06) 7. APPROVE INFORMATION TECHNOLOGY EQUIPMENT PURCHASES WITH CDWG, NEWEGG, AND DELL 8. ADOPT RESOLUTION TO APPROVE AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF LA QUINTA AND MICHAEL P. SHEPPARD AND KAREN M. SHEPPARD DECLARATION OF TRUST FOR ONE VACANT PARCEL LOCATED IN THE DESERT CLUB ESTATES BEARING ASSESSOR’S PARCEL NUMBER 770-174-001 [RESOLUTION NO. 2019-042] MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve the Consent Calendar as recommended, with Item Nos. 4 and 8 adopting Resolution Nos. 2019-041 and 2016-042 respectively. Motion passed unanimously. BUSINESS SESSION 1.APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2019/20 Community Resources Director Escobedo introduced Community Resources Manager Calderon who presented the staff report, which is on file in the Clerk’s Office. MAYOR EVANS SAID SHE SERVES ON THE BOARD FOR COACHELLA VALLEY VOLUNTEERS IN MEDICINE; THERE IS NO POTENTIAL CONFLICT OF INTEREST AS THE POSITION IS UNPAID, AND SHE DOES NOT NEED TO RECUSE HERSELF FROM PARTICIPATION ON THIS ITEM Council discussed the information FIND Food Bank provided in their grant application; requests for marketing grants by Southland Events, Desert Sands Educational Foundation, and Elder Love USA, Inc.; and grant applications that were not funded. PUBLIC SPEAKER: Paula Simonds, CEO, YMCA of the Desert – said she was recently appointed CEO and was happy to return to the Coachella Valley; and spoke about the YB Fit Event scheduled to be held on Sunday, October 6, 2019; community partnership in the event. The public comment below on this item was provided out of order, after deliberation of Business Session Item No. 2. PUBLIC SPEAKER: Debbie Espinosa, CEO, FIND Food Bank – thanked Council for their continuous support and grant funding; said FIND is careful in ensuring there CITY COUNCIL MINUTES Page 5 of 10 OCTOBER 1, 2019 are no duplicate counts of citizens served on their grant applications, and will provide clearer information on future applications; commended Council for their support of the 2020 US Census update, and spoke of FIND’s involvement and outreach with the Census update to facilitate counts in the “hard-to-reach” communities; and federal funding associated with food related assistance programs. Council commended FIND for the support and services they provide to the community. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to approve the first round of Community Services Grants for 2019/20 as recommended by the Ad-hoc Committee, for a total grant funding of $21,000, as follows: Chuck Jones Center for Creativity $2,000 Coachella Valley Volunteers in Medicine $5,000 Desert Sands Educational Foundation $2,500 Elder Love USA, Inc.$2,000 FIND Food Bank $3,000 Habitat for Humanity of the Coachella Valley $ 0 Osher Lifelong Learning Institute $ 0 Pegasus Therapeutic Riding $2,500 Southland Events – Desert Triathlon $2,500 YMCA $1,500 2. ADOPT RESOLUTION TO RECLASSIFY THE CITY ENGINEER POSITION TO PUBLIC WORKS DIRECTOR/CITY ENGINEER, AMEND THE TITLE AND CLASSIFICATION OF THE FACILITIES DIRECTOR POSITION TO FACILITIES DEPUTY DIRECTOR, AND APPROVE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER EMPLOYMENT AGREEMENT [RESOLUTION NO. 2019-043] Verbal Announcement by City Attorney Ihrke: Pursuant to Government Code Section 54953(c)(3), this announcement is to verbally report a summary of the recommendation for a final action on the salary and compensation paid in the form of fringe benefits to a City executive employee, as defined by Government Code Section 3511.1(d), during the open meeting in which the final action is to be taken. This item, should it be approved, will create a Public Works Director/City Engineer position, and the fiscal impacts of the employment agreement are as follows: Annual salary is set at $157,029.95, and Health benefit cap of $1,709 per month applies based 2019 approved citywide benefit cap. Community Resources Director Escobedo presented the staff report, which is on file in the Clerk’s Office. CITY COUNCIL MINUTES Page 6 of 10 OCTOBER 1, 2019 Council discussed the creation of a Public Works Department would result in financial savings and process efficiencies, which will allow Staff to meet the increasing workload, and continue to provide a high level of service. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to 1) adopt Resolution No. 2019-043 to reclassify the City Engineer to Public Works Director/City Engineer; 2) amend the title and classification of the Facilities Director to Facilities Deputy Director: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECLASSIFYING THE CITY ENGINEER POSITION TO PUBLIC WORKS DIRECTOR/CITY ENGINEER, AND AMEND THE TITLE AND CLASSIFICATION OF THE FACILITIES DIRECTOR POSITION TO FACILITIES DEPUTY DIRECTOR and 3) approve the Public Works Director/City Engineer Employment Agreement with Bryan McKinney effective October 12, 2019; and authorize the City Manager to execute the agreement. Motion passed unanimously. STUDY SESSION 1.RECEIVE AND FILE ANNUAL REPORT OF ACTIVE DEVELOPMENT AGREEMENTS (DA) Design and Development Director Castro introduced Planning Manager Flores who presented the staff report, which is on file in the Clerk’s Office. Council discussed importance to pursue the Centre Pointe DA to ensure compliance and recovery of outstanding fees; obligations are clearly outlined under the DA terms and conditions; initiating negotiations; and the DA runs with the land, thus change of land ownership does not affect the obligations under the DA. Finance Services Analyst Hallick said the City has been in communications with the respective parties trying to bring this DA into compliance since February 2017; explained some of the mitigation fee thresholds and terms under the DA; and contemplated timeline to schedule meetings to identify an action plan to resolve this matter. Council reached a consensus and directed Staff to take whatever actions are necessary to pursue non-compliant DAs and collect outstanding mitigation fees. 2. DISCUSS 2019 UPDATE OF THE DEVELOPMENT IMPACT FEE STUDY Management Analyst Mignogna and City Consultant Joe Colgan with NBS Consulting presented the staff report, which is on file in the Clerk’s Office; and CITY COUNCIL MINUTES Page 7 of 10 OCTOBER 1, 2019 explained the legal framework in determining development impact fees (DIF) and related “rational nexus” justification. Council discussed alternative structures and fees that other cities charge for impact fees. PUBLIC SPEAKER: Nick Nickerson, City Consultant with NAI Consulting – said not all cities charge DIF, and explained the different types of fees cities can charge; and noted all cities in the Coachella Valley charge Transportation Uniform Mitigation Fees. Council discussed the California Mitigation Fee Act regulations on DIF surplus, and related refunds; and ability to adopt the DIF fees at the levels recommended by the DIF study, but elect to charge lower fees at this time, and adopt a gradual increase over the next few years. City Attorney Ihrke said Council can elect to adopt lower fees than what the DIF study identifies, and generally fee adjustments must be adopted via Council resolution and nexus justified. Council discussed DIF fees are based on assumptions of anticipated future growth and needs; routing the DIF study to the Financial Advisory Commission (FAC) for review to provide a recommendation on the amount of fee increase, based on the projected growth and associated costs; using City facilities efficiently, and whether there is value of establishing design standards; National Recreation and Parks Association survey (Survey) indicates quality recreation in parks and community resources are a vital component in housing purchases, and DIF fee increases are necessary to maintain the quality and high level of services the City currently offers to the community; the Survey also shows that community amenities and programming are a bipartisan desire; importance of space allocation and anticipating growth when building facilities in order to accommodate future expansion; the future inevitably brings about unanticipated needs, recent examples inlcude short-term vacation rentals, smart city applications, fiber optics, etc.; calculating fees to accommodate anticipated future community needs, which may include the need to duplicate existing public facilities to ensure the level of services is maintained; if La Quinta expands to the south-east, it may trigger the need for a new fire station; being cognizant and balancing costs of new development, but also ensuring that the City will have the necessary resources to meet and provide the community’s needs in the future; importance of having competitive housing options and schools; benefits of looking into the way Quimby Fees are calculated, and including park land into the parks inventory that may be open to the public in the future. City Attorney Ihkre said based on a court decision, at minimum the City must have a plan in place for existing recreational facilities, not currently open to the CITY COUNCIL MINUTES Page 8 of 10 OCTOBER 1, 2019 public, to make them public in the future, in order to include them in the inventory. Mayor Evans noted the Building Industry Association of Southern California – Riverside County Chapter (BIA) submitted a memorandum dated October 1, 2019, providing written comments on this item, which has been incorporated into the record and made available to the public. PUBLIC SPEAKER: Damian Fussel, Deputy Director of Government Affairs with the BIA – inquired about the methodology used in the DIF study to determine the cost per acre estimates; the estimated site value based on $653,400 per acre for the existing community and cultural center facilities; and expressed support that the FAC review the DIF study. City Consultant Colgan replied two (2) land values are used in calculating the cost per acre estimates: 1) $10 per square foot based on residential property cost, and 2) $15 per square foot based on commercial property cost that the City may need to acquire. Mr. Nickerson said the cost per acre estimates for residential and commercial property were derived based on the average land costs of recent City land purcahses. PUBLIC SPEAKER: James Brownyard, Vice President of Legislative Affairs with the Desert Valleys Builders Association (DVBA) – said generally new construction has been on a decline; Council has the authority to review and adjusted fees as it best serves the City’s needs, based on the DIF study for the five-year period it covers; the DVBA does not oppose fee increases, but ensures that the rational used for the increase is realistic and justified; contested charging Quimby Act In-lieu and Mitigation Fee Act fees on new construction, for the improvement of dedicated lands, and explained his rational; expressed concern that increasing community needs and wants in the level of service, infrastructure, and public facilities, as identified in the DIF study, may result in unreasonable fee increases for new construction; expressed support for affixing an average land value for all residential projects; and recommended that public facilities construction costs be proportionally applied to both, La Quinta residents and visitors. PUBLIC SPEAKER: Gretchen Gutierrez, Chief Executive Officer with the DVBA – spoke about other Coachella Valley cities’ discussions on the use of public city facilities by residents and visitors, and the different levels of related use fees paid by the respective users; noted this scenario affects user fees and not DIF fees; and expressed support that the FAC review the DIF study, as it would be helpful for future budgetary planning for the City. CITY COUNCIL MINUTES Page 9 of 10 OCTOBER 1, 2019 Council expressed their sensitivity to fee increases; and discussed support of maintaining the 22% transportation impact fee discount; exploring a better mechanism to attract development, while also allowing the City a flexibility to increase fees if necessary; future needs as projected by the DIF study are educated guesses, and remain unknown; will there be a future need to duplicate facilities; adopting the maximum fees justified by the DIF study, but only charging the fee levels currently in effect; understanding the demands of the market and having the flexibility to increase or decrease fees to respond accordingly; and having the FAC review the DIF study to add a level of transparency and provide a recommendation. City Attorney Ihrke said a rational justification and a formal Council action is needed when fees are adjusted. Finance Director Romero recommended creating an ad-hoc subcommittee, comprised of up-to-three FAC members, to review the DIF study and its correlation with the City’s adopted Five Year Capital Improvement Program, including unfunded projects; the four DIF loans that were recently written off, because they were underfunded and supported by the General Fund; 10-year projections of the General Fund and DIF; and the public comments received on this item; and aim to complete the review within a 30-day timeframe, and bring this item back for Council consideration by early December 2019. Council reached a consensus and directed Staff to coordinate review of the DIF study by an Ad-hoc Committee comprised of up-to-three FAC members; and in December 2019, provide a report with comments and recommendations on the level of DIF fee increase Council should consider to ensure the City’s future fiscal stability. PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. 1. CITY MANAGER – FRITZ BURNS POOL HEATER (verbal update) City Manager McMillen said the pool heater installation at Fritz Burns park is being delayed; all proposals received from the initial Request for Proposals were rejected, and Staff will issue and publish a new bid for this project. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Fitzpatrick reported on Council’s attendance at the Homecoming Parade held at Old Town La Quinta on September 25, 2019. CITY COUNCIL MINUTES Page 10 of 10 OCTOBER 1, 2019 Councilmember Fitzpatrick said she toured the City’s parks and medians with the new landscape maintenance contractor, and noted the contractor was very diligent and providing quality maintenance service. Councilmember Peña reported on Council’s attendance at the All Valley Mayors and Tribal Chair Luncheon held on September 26, 2019, in Palm Springs; commended Mayor Evans for her comments; and commended Riverside County Sheriff’s Department for their hard work in serving the City. Per Council’s request, Lieutenant Tapp provided a report on the City’s recent crime trends; said the 2nd School Resource Officer has reduced the need to involve deputies; and Captain Reynolds said October is domestic violence awareness month, and spoke of the Sheriff’s Department planned outreach and efforts to increase awareness. Mayor Evans said the City did not budget to participate in the Coachella Valley Economic Partnership (CVEP); Council discussed their previous decision to reallocate funds from CVEP and invest them in the City’s in-house economic development efforts spearheaded by Staff; and Council expressed support for Councilmember Sanchez to continue to attend CVEP meetings. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2019, Mayor Evans reported on her participation in the following organization’s meeting: CVAG EXECUTIVE COMMITTEE La Quinta’s representative for 2019, Councilmember Peña reported on his participation in the following organization’s meeting: CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE La Quinta’s representative for 2019, Councilmember Radi reported on his participation in the following organization’s meeting: SUNLINE TRANSIT AGENCY ADJOURNMENT There being no further business, Mayor Evans adjourned the meeting at 6:43 p.m. Motion passed unanimously. Respectfully submitted, NICHOLE ROMANE, Deputy City Clerk City of La Quinta, California