2019 12 17 CC MinutesCITY COUNCIL MINUTES Page 1 of 11 DECEMBER 17, 2019
CITY COUNCIL
MINUTES
TUESDAY, DECEMBER 17, 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 – Confirmed
CLOSED SESSION
1. 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)
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)
3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR - COMMUNITY
RESOURCES; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES ASSOCIATION
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:01 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT
CITY COUNCIL MINUTES Page 2 of 11 DECEMBER 17, 2019
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. 1 – no actions were taken that require reporting;
Closed Session Item No. 2 – no actions were taken that require reporting;
and
Closed Session Item No. 3 – Council will continue consideration of this
item after the open session portion of the meeting.
PLEDGE OF ALLEGIANCE
Councilmember Peña led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Ty Peabody, City of Indian Wells Mayor – said the Ironman
70.3 triathlon event held on December 8, 2019, was executed very well, and
commended the City of La Quinta for its detailed advanced planning,
marketing, community outreach, and educational efforts to ensure the event
was executed successfully.
PUBLIC SPEAKER: Chuck Parker, Palm Desert – thanked Council for adopting
Resolution No. 2019-012 on May 7, 2019, in support of amending the
Memorandum of Understanding between the Counties of Imperial and
Riverside to include open water importation as a long-term solution for the
restoration of the Salton Sea; said many other cities and organizations have
also adopted resolutions of support; noted the Salton Sea Authority
(Authority) is scheduled to hold a public meeting on December 19, 2019, at
the Coachella Valley Water District, and will consider whether or not to declare
a local state of emergency at the Salton Sea due to air and water pollution,
asked Council to consider sending a letter of support to the Authority to
declare a state of local emergency, and encouraged Council to attend the
meeting.
Mayor Evans said a letter of support was sent out to the Authority last week
on behalf of the Council.
PUBLIC SPEAKER: Feliz Muñoz – thanked Council for supporting the Salton
Sea declaration of state of local emergency; said this would facilitate soil
sampling, examine raw sewer draining, epidemiology testing, air pollution
mitigation, and efforts to restore the Salton Sea to a healthy state.
Mayor Evans said the Desert Healthcare District approved grant funding of
approximately $500,000 to address air quality issues due to the recent
CITY COUNCIL MINUTES Page 3 of 11 DECEMBER 17, 2019
wasteland fire at Sun Valley Recycling Center in Thermal, and these efforts
will include conducting epidemiology studies.
PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – spoke about his
experience with providing public comment on agenda items during public
meetings of the Coachella Valley Mosquito and Vector Control District Board.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. PRESENTATION BY THE LIVING DESERT ON “PRIDE OF THE
DESERT” CAMPAIGN BY PRESIDENT/CEO ALLEN MONROE AND
DIRECTOR OF DEVELOPMENT JAN HAWKINS
President/CEO Monroe said The Living Desert celebrates its 50th anniversary,
and gave a brief presentation on the expansion plans, conservation efforts,
visitor services, and educational programs the park offers; it’s mission and
future objectives.
CONSENT CALENDAR
1. APPROVE MINUTES OF DECEMBER 3, 2019
2. APPROVE MINUTES OF SPECIAL JOINT CITY COUNCIL AND
PLANNING COMMISSION MEETING DATED NOVEMBER 21, 2019
3. AUTHORIZE OVERNIGHT TRAVEL FOR THE FINANCIAL SERVICES
ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL
TREASURERS ASSOCIATION ADVANCED PUBLIC FUNDS
INVESTING TRAINING IN CLAREMONT, CALIFORNIA, JANUARY
15-16, 2020
4. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO
ATTEND THE 2020 CAL TRAVEL SUMMIT IN HUNTINGTON BEACH,
CALIFORNIA, SEPTEMBER 8-11, 2020
5. AUTHORIZE OVERNIGHT TRAVEL FOR ONE COUNCILMEMBER
AND TRAFFIC OPERATIONS ANALYST TO ATTEND CITY LAUNCH
CONFERENCE IN SAN DIEGO, CALIFORNIA, MARCH 22-24, 2020
6. ADOPT ORDINANCE NO. 582 ON SECOND READING TO CHANGE
THE ZONING MAP FOR THE PROPERTY IDENTIFIED AS APNs 770-
020-015 THROUGH 770-020-021 (LA QUINTA VILLAGE
COMMERCIAL CENTER) FROM NEIGHBORHOOD COMMERCIAL TO
COMMUNITY COMMERCIAL (ZONE CHANGE 2019-0002)
CITY COUNCIL MINUTES Page 4 of 11 DECEMBER 17, 2019
7. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE AVENIDA BERMUDAS AMERICANS
WITH DISABILITIES ACT MISCELLANEOUS IMPROVEMENTS
PROJECT (PROJECT NO. 2018-02)
8. APPROPRIATE $95,965 FROM THE GENERAL FUND, AND
APPROVE AGREEMENT FOR CONTRACT SERVICES WITH BENGAL
ENGINEERING, INC FOR WHITEWATER RIVER CHANNEL
REGIONAL SCOUR ANALYSIS BETWEEN JEFFERSON STREET AND
WASHINGTON STREET GRADE CONTROL STRUCTURES
9. APPROVE THE PURCHASE OF TRAFFIC SIGNAL POLES FROM
AMERON POLE PRODUCTS, LLC FOR THE WASHINGTON STREET
AND FRED WARING DRIVE TRIPLE LEFT TURN PROJECT NO.
2017-01
10. ADOPT RESOLUTION TO ACKNOWLEDGE RIVERSIDE COUNTY
FIRE DEPARTMENT’S ANNUAL INSPECTION REPORT PURSUANT
TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4
[RESOLUTION NO. 2019-051]
11. APPROVE ADDENDUM TO THIRD AMENDMENT AND
RESTATEMENT OF JOINT POWERS AGREEMENT OF THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO RE-
ADMIT THE TORRES MARTINEZ TRIBE AS A MEMBER
12. RECEIVE AND FILE FISCAL YEAR 2018/19 DEVELOPMENT
PROJECT FEE REPORT
13. APPROVE DEMAND REGISTERS DATED NOVEMBER 22 AND
DECEMBER 6, 2019
14. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED
SEPTEMBER 30, 2019
15. RECEIVE AND FILE FISCAL YEAR 2018-19 ART IN PUBLIC
PLACES ANNUAL REPORT
CONSENT CALENDAR ITEM NO. 4
PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – commented on the costs
associated with this overnight travel and training request scheduled for
September 2020; and that registration savings were being realized by signing
up this far in advance.
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Council noted the expenses are estimated, and include registration, travel,
lodging, parking, and meals.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to approve the Consent Calendar as recommended, with Item
No. 6 adopting Ordinance No. 582, and Item No. 10 adopting Resolution No.
2019-051. Motion passed unanimously.
BUSINESS SESSION
1. INTERVIEW AND APPOINT RESIDENTS TO SERVE ON THE
FINANCIAL ADVISORY COMMISSION AND IMPERIAL
IRRIGATION DISTRICT ENERGY CONSUMERS ADVISORY
COMMITTEE
Council waived presentation of the staff report, which is on file in the Clerk’s
Office.
Mayor Evans said interviews will be held in alphabetical order:
1) Financial Advisory Commission
2) Imperial Irrigation District (IID) Energy Consumer Advisory Committee
Mayor Evans thanked all applicants for their willingness to serve and explained
the process Council follows in conducting the interviews and appointing
members.
1) FINANCIAL ADVISORY COMMISSION
(Open: 1 seat; unexpired term ending 06/30/2022)
Applicant Stella Church was not present at the meeting.
MOTION – Council did not take any action due to lack of applicant’s presence.
2) IID ENERGY CONSUMER ADVISORY COMMITTEE
(Open: 1 seat; unexpired term ending December 31, 2020)
The following applicants gave a brief presentation of their qualifications:
Mark Gart
Matthew McPherson
Lee Osborne
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Results of the ballot vote:
Councilmember Fitzpatrick – Lee Osborne
Councilmember Peña – Lee Osborne
Councilmember Radi – Lee Osborne
Councilmember Sanchez – Matthew McPherson
Mayor Evans – Lee Osborne
MOTION – A motion was made and seconded by Councilmembers
Radi/Sanchez to appoint resident Lee Osborne to serve on the IID Energy
Consumer Advisory Committee for an unexpired term ending December 31,
2020. Motion passed unanimously.
2. SELECT MAYOR PRO TEMPORE TO SERVE FOR ONE YEAR
Council waived presentation of the staff report, which is in file in the Clerk’s
Office.
MOTION – A motion was made and seconded by Councilmembers
Radi/Sanchez to appoint Councilmember Peña to serve as Mayor Pro Tem for
calendar year 2020. Motion passed unanimously.
3. ANNUAL COUNCIL APPOINTMENTS TO SERVE ON VARIOUS
OUTSIDE AGENCIES FOR 2020
Council waived presentation of the staff report, which is in file in the Clerk’s
Office.
Council discussed vacancies and volunteered to serve on various outside
agencies for 2020 calendar year based on their interests and availability; and
to appoint Mayor Pro Tem Peña to serve on the IID ECAC, since the IID Board
never ratified Councilmember Sanchez’s appointment.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Peña to appoint Councilmembers to serve on various outside
agencies for calendar year 2020 as detailed in Attachment No. 1, incorporated
herewith by this reference. Motion passed unanimously.
4. APPROVE AMENDMENT NO. 1 TO MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITIES OF LA QUINTA, INDIAN
WELLS, PALM DESERT AND RANCHO MIRAGE; AND APPROVE
AGREEMENT WITH MATRIX CONSULTING GROUP TO CONDUCT A
COMPREHENSIVE REGIONAL POLICE SERVICE DELIVERY STUDY
BETWEEN THE CITIES OF LA QUINTA, INDIAN WELLS AND PALM
DESERT
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Public Safety Manager Mendez and Community Resources Director Escobedo
presented the staff report, which is on file in the Clerk’s Office.
Council discussed police services and staffing levels will remain the same, and
this effort seeks to study the service level needs for each city, and identify
efficiencies by eliminating duplication of services between the participating
cities; importance to collaborate and involve representatives from the
Riverside County Sherriff’s Department from the beginning of this process;
and the study will provide specific data and allow Council to make sound policy
decisions in mitigating continuously rising police service costs and ensuring La
Quinta is provided a high level of service.
PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – said each city will be
better served by contracting individually with the Riverside County Sherriff’s
Department, instead of taking a collaborative approach.
Council commended the Riverside County Sherriff’s Department team and the
services provided to La Quinta; and noted La Quinta made the 2019 list as
one of the top 50 safest cities in California, based on a report published by
SafeWise.
MOTION – A motion was made and seconded by Councilmembers
Peña/Sanchez to approve Amendment No. 1 to the Memorandum of
Understanding between the cities of La Quinta, Indian Wells, Palm Desert, and
Rancho Mirage; and approve contract services agreement with Matrix
Consulting Group to conduct a comprehensive regional police service delivery
study between the cities of La Quinta, Indian Wells, and Palm Desert; and
authorize the City Manager to execute the agreements. Motion passed
unanimously.
STUDY SESSION
1. DISCUSS 2019 UPDATE OF THE DEVELOPMENT IMPACT FEE
STUDY
Finance Director Romero, Public Works Director/City Engineer McKinney, and
Management Analyst Mignogna presented the staff report, which is on file in
the Clerk’s Office.
PUBLIC SPEAKER: James Brownyard, Vice President of Legislative Affairs with
the Desert Valley Builders Association (DVBA) – submitted a hand-out entitled
“Park Lands and Park Land Improvements – Quimby Act / Mitigation Fee Act,”
which was incorporated into the record and made available to the public; and
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reiterated the DVBA’s comments, provided via written correspondence dated
December 10, October 15, and September 27, 2019, included as Attachment
4 to the staff report, regarding whether or not the City can charge parks and
recreation development impact fees under the Mitigation Fee Act in addition
to Quimby Act in-lieu fees.
City Attorney Ihrke said his interpretation of the California Court of Appeals
decision in Homebuilders Association of Tulare and Kings County v. City of
Lemoore differs from the DVBA’s interpretation; and the case directly
addressed and found that the Quimby Act did not preempt Lemoore’s
Community Recreation Facility Impact Fees to be adopted under the city’s DIF.
Council commended the DVBA’s continuous involvement and collaboration
with Staff.
PUBLIC SPEAKER: Richard (Dick) Mills, Financial Advisory Commissioner –
commended NBS for conducting a high-quality DIF Study for the City;
reiterated the Committee’s finding (No. 8) that there was no credible evidence
to support the hypothesis that higher DIF fees have an adverse effect on
residential and/or commercial construction activity; and said the Committee
recommended that implementing the DIF increase all at once is the best
approach because there is no data that indicates any adverse effects on
construction activity, and the City will collect adequate DIF fees to ensure the
level of services provided to the community can be maintained in the future.
Council commended Commissioners Hoffner, Mills, and Twohey for their time
and participation on the Committee to review the DIF Study and provide
recommendations to Council.
PUBLIC SPEAKER: Gretchen Gutierrez, CEO with the DVBA – said in general,
new California regulations going into effect in 2020, particularly regarding
solar, will have an impact on construction activity; there has not been a lot of
activity in the last couple of years; the DVBA is not requesting that DIF fees
be discounted, and has agreed with Staff on all levels except for the points
raised tonight regarding the Quimby Act and Mitigation Fee Act fees.
Council discussed the DIF fees increase can be implemented all at once or be
phased-in, and what the best implementation approach for the City would be;
in comparison with other Coachella Valley cities, the City’s fees will still be
competitive even if the full increase is implemented all at once; importance
not to deter construction activity in the City due to fee increases; the City
must provide community infrastructure, amenities, and services, and does not
have the option to phase in these expenses; uncollected DIF fees are lost
forever; DIF fees fund the City’s Capital Improvement Program and comply
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with unfunded California mandates; the DIF funds will provide future Councils
with the ability to maintain La Quinta’s community and infrastructure; a
phased-in over two-three years approach will gradually increase the DIF fees
and will not shock the construction community; and getting to full cost
recovery has been a challenge.
City Attorney Ihrke read into the record the Court of Appeals decision in the
Homebuilders Association of Tulare and Kings County v. City of Lemoore case
stating that the collection of Quimby Act fees do not preempt agencies from
collecting recreation facilities fees under the Mitigation Fee Act.
Council discussed DIF fees are needed to maintain La Quinta as the premium
community it is into the future; the multitude of California regulations imposed
on the development community is the primary reason for the stagnation of
construction activity; the DIF fees increase is based on a needs-based
analysis; and evaluate at a two- and three-year phased-in approach, in
addition to the five-year approach provided.
Finance Director Romero provided an estimate of potential loss of revenue
comparison for single-family residential developments, over a five-year
period, if DIF fee increases were not adopted.
Council directed staff to provide two- and three-year phased-in
implementation approaches for DIF fee increases to achieve full cost recovery.
PUBLIC HEARINGS – None
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
1. CITY MANAGER – FIRE SERVICE DELIVERY STUDY BY MATRIX
CONSULTING GROUP – DECEMBER 3, 2019 STAFF REPORT
MODIFICATION
City Manager McMillen presented the department report, which is on file in the
Clerk’s Office, noting corrections to the December 3, 2019, Business Session
Item No. 2 staff report regarding the account number is 101-2002-60103, and
in fiscal year 2019/20 the City will receive fire property tax credit revenue of
approximately $7.1 million to be used for fire and emergency services; funds
from the City’s fire service reserve fund, currently at $9.8 million, will be used
to fund the roughly $.5 million gap as fire services operational costs for fiscal
year 2019/20 is $7.6 million.
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2. CITY ATTORNEY – MEETING WITH CITY STAFF ON HOUSING
LEGISLATION AND IMPLEMENTATION (VERBAL UPDATE)
City Attorney Ihrke said he held a briefing meeting with Staff citywide to
provide an update and advise on new legislation going into effect in 2020
regarding housing, planning, and development.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Evans reported on her attendance at the service of long-time City of
Palm Desert Councilmember Jean Benson, held at Sacred Heart Church in
Palm Desert.
Councilmember Fitzpatrick reported on her attendance at the first Coachella
Valley and Mountains Recreation and Conservation Authority Board meeting,
a new Joint Powers Authority between Desert Recreation District, Coachella
Valley Mountains Conservancy, and Coachella Valley Association of
Governments to promote the use of some of the conserved land under each
of these authorities.
Councilmember Sanchez reported on his attendance at the Coachella Valley
Sexual Assault Services Inaugural Winter Wonderland Gala held on December
7, 2019, at the Palm Springs Air Museum in Palm Springs.
Council reported on their attendance at the annual La Quinta Tree Lighting
Ceremony held at the Civic Center Campus on December 6, 2019; the Historic
Casita Lighting Ceremony at the La Quinta Museum on December 5, 2019;
and the Blue Light Ceremony honoring fallen Officers held at La Quinta City
Hall on December 9, 2019.
Council commended Staff for their efforts in planning, community outreach,
marketing, and successful execution of the Ironman 70.3 triathlon event held
on December 8, 2019.
Mayor Evans reported on her attendance at the Children’s Art & Music Festival
– CAMFest 2019 held at the Indian Wells Tennis Gardens on December 14,
2019, to raise funds to enhance art, music, dance, theatre, and film programs
for the children in Desert Sands Unified School District, which La Quinta
sponsors.
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REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2019, Councilmember Fitzpatrick said she was
not able to participate in this meeting, but provided an update of the following
organization’s meeting:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
La Quinta’s representative for 2019, Councilmember Radi reported on his
participation in the following organization’s meeting:
SUNLINE TRANSIT AGENCY
La Quinta’s representative for 2019, Councilmember Sanchez reported on his
participation in the following organization’s meeting:
ANIMAL CAMPUS COMMISSION
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 6:38 P.M.
3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR - COMMUNITY
RESOURCES; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES ASSOCIATION
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported no actions were taken on Closed Session Item
No. 3 that require reporting pursuant to Government Code section 54957.1
(Brown Act).
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 7:41 P.M. WITH ALL MEMBERS PRESENT
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Fitzpatrick/Radi to adjourn at 7:42 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California