2003 06 17 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
JUNE 17, 2003
A regular meeting of the La Quinta City Council was called to order at the hour of
2:00 p.m. by Mayor Adolph.
PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
ABSENT: None
PUBLIC COMMENT - None
CLOSED SESSION
1. Conference with labor negotiators, Ski Harrison, Mark Weiss, and John Ruiz
regarding negotiations with the La Quinta City Employees Association pursuant
to Government Code Section 54957.6 - Meet end Confer Process.
2. Public employee performance evaluation pursuant to Government Code Section
54957, Council-appointed position -- City Manager.
Council recessed to Redevelopment Agency and to Closed Session to and until the
hour of 3:'00 p.m.
3:00 P.M.
·
Mayor Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT
Charlie Coulter, 49-111 Washington Street, spoke regarding the need for a sound
attenuation wall along Washington Street in front of the Villas of La Quinta
development. He indicated he understood this issue would be on a future agenda for
discussion.
CONFIRMATION OF AGENDA - Confirmed
,,
ANNOUNCEMENTS - None
City Council Minutes 2 June 1 7, 2003
PRESENTATIONS
City Manager Genovese announced the City has been awarded a Certificate of
Achievement for Excellence in Financial Reporting from the Government Financial
Officers Association of the United States and Canada. He expressed appreciation to
the Finance Department.
Finance Director Falconer expressed appreciation for the award and introduced the
members of the Finance Department.
Mayor Adolph announced due to technical difficulties, the "Cloudy Skies over
California Cities" video will be shown at a future meeting.
WRITTEN CORRESPONDENCE - None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of June 3, .2003, as submitted. Motion carried unanimously.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED JUNE 17, 2003.
2. APPROVAL OF TREASURER'S REPORT FOR THE MONTH ENDING APRIL 30,
2003.
3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED APRIL 30,
2003.
4. APPROVAL OF AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CITY
FACILITIES.
5. ACCEPTANCE OF PROJECT 99-05B, JEFFERSON STREET MEDIAN ISLAND
LANDSCAPE IMPROVEMENTS.
· .
City Council Minutes 3 June 17, 2003
6. ADOPTION OF A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE
THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2003/2004. (RESOLUTION
NO. 2OO3-37)
7. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR THE CITYWIDE
LANDSCAPE MAINTENANCE CONTRACT FOR FISCAL YEAR 2003/2004.
8. APPROVAL OF CONTRACT CHANGE ORDER NOS. 13 AND 14 FOR PROJECT
NO. 2000-11, THE LA QUINTA PARK.
9. ADOPTION OF A RESOLUTION APPROVING AN AGREEMENT FOR THE
PURCHASE AND SALE OF REAL PROPERTY BETWEEN THE LA QUINTA
REDEVELOPMENT AGENCY ("AGENCY") AND WILLIAM D. CALKINS AND
LYNN R. KUNKLE, CO-CONSERVATORS OF THE ESTATE OF CHARLES BRIAN
MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN
UNMARRIED MAN AS TO AN UNDIVIDED 25% INTEREST; AND AM
PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST ("SELLER") FOR
PROPERTY LOCATED ALONG THE EAST LINE OF AVENIDA MONTEZUMA.
(RESOLUTION NOS. 2003-38 AND 2003-39)
10. APPROVAL OF A CONTRACT EXTENSION WITH TRI-LAKE CONSULTANTS TO
PROVIDE CONSTRUCTION INSPECTION SERVICES.
11. APPROVAL OF A REQUEST TO RELEASE PERFORMANCE SECURITY RELATED
TO INSTALLATION OF A SIDEWALK ON HIGHWAY 111 IN THE POINT HAPPY
AREA.
12. APPROVAL OF CONTRACT WITH RUTAN & TUCKER, LLP FOR 2003/2004
LEGAL SERVICES.
MOTION -It was moved by Council Members Sniff/Perkins to approve the
Consent Calendar as recommended and with Item Nos. 6 and 9 being approved
by RESOLUTION NOS. 2003-37 through 2003-39 respectively.
Council Member Perkins referenced Item No. 5, and commented on the need to
reduce the median lighting and landscape maintenance costs.
Council Member Henderson spoke to Item No. 9, and noted the 19.7 acres
being purchased will be retained as open space.
Motion carried unanimously. MINUTE ORDER NO. 2003-54.
City Council Minutes 4 June 17, 2003
BUSINESS SESSION
1. CONSIDERATION OF A JOINT USE AGREEMENT WITH THE BOYS AND GIRLS
CLUB OF COACHELLA VALLEY.
Community Services Director Horvitz gave a brief staff report.
MOTION - It was moved by Council Members Sniff/Henderson to approve a
Joint Use of Facility and Services Agreement with the Boys and Girls Club of
Coachella Valley, La Quinta Unit, and authorize staff to utilize the General Fund
Account in the amount of $30,000 and CDBG Funds in the amount of $30,000
for the payments. Motion carried unanimously. MINUTE ORDER NO, 2003-55.
2. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY
OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2003/2004.
Finance Director Falconer presented the staff report, and briefly reviewed the
proposed changes. He noted Section XVll of the policy lists the financial
transactions that are not subject to the policy.
Council Member Henderson stated she understands the Board's concern
regarding this and strongly supports it.
Mr. Falconer stated the amount of funds the Treasurer may invest between two
and five years has been reduced to $5 million. In response to Board Member
Osborne, he explained $6 million was loaned from the General Fund Reserves
to the Redevelopment Agency for the library, La Fonda street improvements,
and Eisenhower Drive improvements, which reduced the cash reserves.
Mr. Falconer further advised the Board is recommending an increase in the LAIF
percentage from 20 to 25 % due to legislation that designates the funds as City
funds as opposed to State funds.
Council Member Perkins stated he appreciates the new legislation but still has
concerns about the State taking the money as they have done in the past. He
does not support the increase, and prefers reducing it to 15%. He stated he
otherwise supports the report.
In response to Council Member Osborne, Mr. Falconer confirmed LAIF basically
has been lowering their average yield and maturity and is well below 200 days.
He explained even though the City has maintained a LAIF balance between 15%
and 20% throughout the year, the current yield on short-term investments is
City Council Minutes 5 June 17, 2003
very Iow and LAIF has consistently done better. Staff expects to increase the
average percentage in LAIF from 17 to 21 or 22%.
In response to Council Member Sniff, Mr. Falconer stated a six-month Treasury
Bill return on investment is approximately 1% and the LAIF return on investment
is 1.80%. In terms of risk, he explained a $2 million investment in commercial
paper would be a risk of $2 million, whereas the same amount invested with
LAIF would be a risk of only $500-$600 because the LAIF part of the State
investment pool is $20 billion, and our percentage share is minuscule. He is not
aware of any other investment that would come close to the LAIF return, and
still meet the safety requirements of the investment policy.
In response to Council Member Henderson, Mr. Falconer confirmed the City's
LAIF percentage has been reduced from 100% eight years ago to the current
20%. He stated the new legislation clarifies the funds within the pooled
investment account (LAIF) are not subject to the State budget, and that cities
can withdraw funds within one day whether or not the State adopts a budget.
Council Member HendersOn stated she understands Council Member Perkins'
concern because the guaranteed funding the cities have from the State can be
impacted a]most overnight. However, she is willing to accept the policy
increase with the Finance Director's careful attention that the 25% is not being
hit consistently.
Council Member Sniff questioned the need to increase the percentage if the
current ceiling of 20% is not being met.
Mr. Falconer explained liquidity is needed to cover the demand register and
emergency check requests, and the increase to 25% would provide a cushion
so the parameters of the investment policy are not exceeded. Although the
current ceiling is 20%, he personally likes to maintain a cushion of 2-3%.
Council Member Sniff questioned the need for 25% if 22% is all that is needed.
He feels this is somewhat deceptive, and believes Council Member Perkins has
a valid point.
Mr. Falconer advised staff has relied more on Treasury Bills because investment
in commercial paper is not in the best interest of the City due to the current
financial market. By increasing the percentage in LAIF, the City would be
increasing its short-term investment alternatives.
City Manager Genovese noted it's difficult to invest roll-over investments in
another Treasury Bill in a day's time, and the LAIF increase will allow the
City Council Minutes 6 June 17, 2003
Finance Director, for a short period of time, to invest up to 25% in LAIF until
the new investment is made into a Treasury Bill. He advised it's a mechanism
for managing investments.
Mr. Falconer advised when the City receives a large sum of money, such as
property taxes, a cash-flow projection has to be done to determine how the
funds are needed, and until that determination is made, staff has to make a
decision on where to invest the funds on a short-term basis. Typically,
commercial paper has been used, and with the increase, LAIF would probably
be used instead.
In response to Council Member Osborne, Mr. Falconer confirmed the LAIF
balance has averaged 17 %, and staff will continue keeping a close eye on LAIF.
He believes the' Board feels the increase will allow a safer investment of City
funds.
Council Member Perkins stated he respects the Finance Department but has no
faith in the State, and remains adamant about not going higher than 20%.
Mr. Falconer stated due to the realization that new legislation can be changed,
staff will continue monitoring LAIF closely.
In response to Council Member Osborne, Mr. Falconer stated the Board has
recommended an increase for Freddie Mac to $7.5 million because they feel the
restatement of earnings will impact the equity market as opposed to the bonds.
In response to Mayor Adolph, Mr. Falconer confirmed the Investment Advisory
Board is recommending the increase in LAIF, and that LAIF is the only issue
where Council has voiced previous concerns.
Mayor Adolph stated he supports the increase if staff and the Board feel safe
in their recommendation, and commented on the success of their track record.
Council Member Sniff commented on the uncertain condition of the State's
finances, and the risk of legislation changing overnight. He feels changing the
cap for a potential 1 or 2% is too risky.
Council Member Henderson asked for clarification that the request to increase
LAIF came directly from the Board, to which Mr. Falconer responded, "Yes."
She stated she sees this as a tool and is prepared to support it.
City Council Minutes 7 June 17, 2003
In response to Council Member Perkins, Mr. Falconer stated staff can continue
working with a ceiling of 20% but given the current market and concerns about
commercial paper, the feel 25% would provide greater flexibility.
RESOLUTION NO. 2003-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT
POLICY FOR FISCAL YEAR 2003/2004.
It was moved by Council Members Henderson/Osborne to adopt Resolution No.
2003-40 as submitted.
Council Member Perkins stated he doesn't want to vote against the entire policy
but can't support the LAIF increase.
Council Member Henderson noted he can go on record opposing the one issue.
Council Member Sniff suggested dealing with the LAIF issue separately but
there was no consensus to do so.
· Motion carried with Council Members Perkins and Sniff voting NO.
3. CONSIDERATION OF APPOINTMENTS TO THE ARCHITECTURE AND
LANDSCAPE REVIEW COMMITTEE, COMMUNITY SERVICES COMMISSION,
CULTURAL ARTS COMMISSION, HISTORIC PRESERVATION COMMISSION,
INVESTMENT ADVISORY BOARD, AND PLANNING COMMISSION.
City Clerk Greek presented a brief staff report.
Architecture and Landscape Review Committee
The following applicants gave brief presentations on their backgrounds and
qualifications:
David Thoms
Cathy O'Connell
(John Burchfield was not present)
;
City Council Minutes 8 June 17, 2003
Ballot No. 1
Council Member Henderson voted for David Thoms
Council Member Osborne voted for David Thoms
Council Member Perkins voted for David Thoms
Council Member Sniff voted for Cathy O'Connell
Mayor Adolph voted for David Thoms
MOTION -It was moved by Council Members Sniff/Henderson to appoint David
Thoms to a two-year term on the Architecture and Landscape Review
Committee effective July 1, 2003. Motion carried unanimously. MINUTE
ORDER NO. 2003-56.
Community Services Commission
After a brief discussion, Council concurred to continue this portion of the
interviews until 7:00 p.m. (See Page 11)
'Cultural Arts Commission
The following applicants gave brief presentations on their backgrounds and
qualifications:
Elaine Reynolds
Michael Murdock
William Schinsky
Michael Hinkle
Else Louden
(Stu Bailey was not present; Joan Moloughney withdrew her application)
Ballot No. 1
Council Member Henderson voted for Elaine Reynolds and Else Louden
Council Member Osborne voted for Elaine Reynolds and Else Louden
Council Member Perkins voted for Elaine Reynolds and Else Louden
Council Member Sniff voted for Elaine Reynolds and Else Louden
Mayor Adolph voted for Elaine Reynolds and Else Louden
MOTION - It was moved by Council Members Sniff/Henderson to appoint Elaine
Reynolds and Else Louden to two-year terms on the Cultural Arts Commission
effective July 1, 2003. Motion carried unanimously. MINUTE ORDER NO.
2003-57.
City Council Minutes 9 June 1 7, 2003
r--Ill __
Historic Preservation Commission
The following applicants gave brief presentations on their backgrounds and
qualifications:
Archie Sharp
Allan Wilbur
(Maria Puente was not present)
A brief discussion ensued about there being only one application but two
vacancies in the non-professional (citizen members) position, and two
applications but only one vacancy in the professional position. There was
consensus to place Maria Puente's name on the ballot for the non-professional
(citizen member) position.
Ballot; No. 1
Council Member Henderson voted for Archie Sharp and Maria Puente (non-
-- professional); Allan Wilbur
(professional)
Council Member Osborne voted for Archie Sharp and Maria Puente (non-
professional); Allan Wilbur
(professional)
Council Member Perkins voted for Archie Sharp and Maria Puente (non-
professional); Allan Wilbur
(professional)
Council Member Sniff voted for Archie Sharp and Maria Puente (non-
professional); Allan Wilbur
(professional)
Mayor Adolph voted for Archie Sharp and Maria Puente (non-
professional); Allan Wilbur
(profesSional)
MOTION -It was moved by Council Members Sniff/Osborne to appoint Archie
Sharp and Maria Puente (non-professionals) and Allan Wilbur (professional) to
three-year terms on the Historic Preservation Commission effective July 1,
2003. Motion carried unanimously. MINUTE ORDER NO. 2003-58.
--- Council recessed to and until 7:00 p.m.
City Council Minutes 10 June 17, 2003
7:00 P.M.
PUBLIC COMMENT - None
PRESENTATIONS
David Willmon, regional representative for the League of California Cities, presented
a Certificate of Completion to Mayor Adolph for completion of the Mayors and Council
Members Academy. He also invited Council to attend a press conference to be held
Wednesday in Palm Springs by the Local Government Coalition.
PUBLIC HEARINGS - None
BUSINESS SESSION ............ continued
3. CONSIDERATION OF APPOINTMENTS TO THE ARCHITECTURE AND
LANDSCAPE REVIEW COMMITTEE, COMMUNITY SERVICES COMMISSION,
CULTURAL ARTS COMMISSION, HISTORIC PRESERVATION COMMISSION,
INVESTMENT ADVISORY BOARD, AND PLANNING COMMISSION. (continued)
Investment Advisory Board
The following applicants gave brief presentations on their backgrounds and
qualifications:
Tom Lewis
Christina Deniel
Richard Jones
(Garry Barnes, Jacqueline White, David Notrica were not present) City Attorney
Jenson noted Mr. Notrica's involvement with Smith Barney Brokerage is a
conflict of interest)
Ballot No. 1
Council Member Henderson voted for Tom Lewis and Christina Deniel
Council Member Osborne voted for Tom Lewis and Christina Deniel
Council Member Perkins voted for Tom Lewis and Christina Deniel
Council Member Sniff voted for Tom Lewis and Christina Deniel
Mayor Adolph voted for Tom Lewis and Christina Deniel
City Council Minutes 11 June 17, 2003
MOTION -It was moved by Council Members Sniff/Henderson to appoint Tom
Lewis and Christina Deniel to three-year terms on the Investment Advisory
Board effective July 1, 2003. Motion carried unanimously. MINUTE ORDER
NO. 2003-59.
Community Services Commission
The following applicants gave brief presentations on their backgrounds and
qualifications:
Michael Cross
(Deborah Bechard was not present)
Ballot No. 1
Council Member Henderson voted for Deborah Bechard and Michael Cross
Council Member Osborne voted for Deborah Bechard and Michael Cross
Council Member Perkins voted for Deborah Bechard and Michael Cross
Council Member Sniff voted for Deborah Bechard and Michael Cross
Mayor Adolph voted for Deborah Bechard and Michael Cross
MOTION -It was moved by Council Members Sniff/Osborne to appoint Deborah
Bechard and Michael Cross to two-year terms on the Community Services
Commission effective July 1, 2003. Motion carried unanimously. MINUTE
ORDER NO. 2003-60.
Planning Commission
The following applicants gave brief presentations on their backgrounds and
qualifications'
Paul Quill
Willy Paul
John Burchfield
Richard Daniels
Robert Sylk
Beryl Sandor
Joseph Broido
City Council Minutes 12 June 1 7, 2003
Ballot No. 1
Council Member Henderson voted for Richard Daniels and Paul Quill
Council Member Osborne voted for Richard Daniels and Paul Quill
Council Member Perkins voted for Willy Paul and Paul Quill
Council Member Sniff voted for Willy Paul and Richard Daniels
Mayor Adolph voted for Richard Daniels and Beryl Sandor
MOTION -It was moved by Council Members Sniff/Henderson to appoint
Richard Daniels and Paul Quill to two-year terms on the Planning Commission
effective July 1, 2003. Motion carried unanimously. MINUTE ORDER NO.
2003-61.
4. SECOND READING OF ORDINANCE NO. 384
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING CERTAIN ZONE CHANGES TO THE CENTER POINT
PROJECT GENERALLY BOUNDED BY MILES AVENUE ON THE NORTH,
COACHELLA VALLEY STORMWATER CHANNEL ON THE SOUTH,
WASHINGTON STREET ON THE WEST, AND TRACT 23995 ON THE EAST.
It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 384
on second reading. Motion carried by the following vote:
AYES' Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT' None
ABSTAIN: None
5. SECOND READING OF ORDINANCE NO. 385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF LA QUINTA AND CENTER POINT DEVELOPMENT, LLC.
It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 385
on second reading. Motion carried by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
City Council Minutes 13 June 17, 2003
Council recessed to Redevelopment Agency meeting.
Council reconvened.
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
League of California Cities-Riverside Division -- Council Member Henderson reported
the latest information seems to indicate that the State is focusing-in on withholding
a total of $1.6 billion from cities, counties, and special districts, and will not be
backfilling for the three-month startup period. She stated there is a general agreement
by the League to buy into the concept for one year but the talk is that it will be
permanent. She stated that's the purpose of the press conference Mr. Willmon
referenced earlier this evening, which will be held tomorrow morning and she will be
attending.
All other reports were noted and filed.
DEPARTMENT REPORTS - None
MAYOR AND COUNCIL MEMBERS' ITEMS - None
Council recessed to the Financing Authority meeting.
Council reconvened.
Council recessed to Closed Session as delineated on Page 1.
The City Co,uncil meeting reconvened with no decisions being made in Closed Session
which require reporting pursuant to Section 54957.1 of the Government Code (Brown
Act).
City Council Minutes 14 June 17, 2003
ADJOURNMENT
There being no further business the meeting vves adjourned.
Respectfully submitted,
JUNE S. GREEK, City Clerk
City of La Quinta, California