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2004 02 17 CC Minutes . <-,- .- LA QUINT A CITY COUNCIL .-- MINUTES FEBRUARY 1 7, 2004 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 City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of a portion of 525:f: acres located at the southwest corner of Avenue 52 and Jefferson Street. Property Owner/Negotiator: John Foster. - 2. Closed session pursuant to Government Code Section 54957, Public employee discipline/dismissal/release. (See Page 9 for the City Attorney's announcement on this item.) Council recessed 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 - None CONFIRMATION OF AGENDA Mayor Adolph requested Consent Item No.5 be moved to Business Item No.4. r-- ANNOUNCEMENTS - None . . City Council Minutes 2 February 1 7, 2004 PRESENTATIONS - None WRITTEN CORRESPONDENCE 1. CORRESPONDENCE FROM MARVIN INVESTMENTS, INC. DATED FEBRUARY 2, 2004, REGARDING LANDSCAPE IMPROVEMENTS - NORTH SIDE OF A VENIDA LA FONDA. Council concurred to place this matter on the March 2, 2004 City Council agenda. 2. CORRESPONDENCE FROM THE CITY OF PALM DESERT REGARDING THE FOURTH OF JULY EVENT. A brief discussion ensued regarding the City's desire to plan its own holiday events. Council concurred to direct staff to send a letter of response, under the Mayor's signature, expressing Council's appreciation for their sponsoring of the event and declining to participate on the basis of it not being economically feasible at this time. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of January 9, 2004, as submitted. Motion carried with Council Member Perkins ABSTAINING. MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of February 3, 2004, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 17, 2004. 2. APPROVAL OF TREASURER'S REPORT DATED DECEMBER 31, 2003. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED DECEMBER 31, 2003. ~_.- -.- -..-..-.--- --"'-- City Council Minutes 3 February 1 7,2004 4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO OBTAIN - ENGINEERING . SERVICES FOR THE FISCAL YEAR 2003/2004 MISCELLANEOUS STREET IMPROVEMENTS, PROJECT 2003-07. 5. SEE BUSINESS SESSION ITEM NO.4. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28410-1, MCCOMIC CONSOLIDATED, INC. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28410-2, MCCOMIC CONSOLIDATED, INC. 8. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR RIGHT -OF-WAY SERVICES FOR THE JEFFERSON STREET, PHASE II PROJECT. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY RUSSELL MAW - DATE OF . . LOSS: NOVEMBER 12, 2003. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY LEONARD FIDLON - DATE OF LOSS: JANUARY 1, 2004. - 11. DENIAL OF CLAIM FOR DAMAGES FILED BY ANDREW FISHER - DATE OF LOSS: DECEMBER 5, 2003. 12. DENIAL OF CLAIM FOR DAMAGES FILED BY HOWARD ALEXANDER - DATE OF LOSS: OCTOBER 26, 2003. 13. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO RECEIVE BIDS FOR THE LA QUINTA MUNICIPAL LIBRARY, PROJECT 2002-04. 14. ADOPTION OF A RESOLUTION OPPOSING SENATE BILL 744 (DUNN) REGARDING PRE-EMPTION OF LOCAL LAND USE AUTHORITY BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. (RESOLUTION NO. 2004-27) MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended and amended with the exception of Item No.5 and with Item No. 14 being approved by RESOLUTION NO. 2004-27. Motion carried unanimously. MINUTE ORDER NO. 2004-20. - Mayor Adolph spoke regarding Consent Item No. 13, and expressed a desire for the Council to receive a copy of the plans, specifications, and engineer's City Council Minutes 4 February 1 7, 2004 estimate on future projects. He noted the Council has reviewed and approved the library concept design but has not seen the final plans. Council Member Osborne concurred. BUSINESS SESSION 1. CONSIDERATION OF MID-YEAR BUDGET REPORT FOR FISCAL YEAR 2003/2004. Finance Director Falconer presented the staff report, and advised of a correction at the bottom of Page 14, changing the $30,000 surplus amount to a deficit of $13,450. In response to Council Member Osborne, Mr. Falconer confirmed the budget comparisons are for a 12-month period, and he explained why the budget shows a slight deficit whiie the budget projections show a $3.9 million increase. He advised the appropriation requests by the Building & Safety and Public Works Departments are mostly for contract services to meet development demands, and the Legislative appropriation request is for legal expenses based on case load. Consultant Frank Spevacek explained the Redevelopment budget was prepared last year based on the Governor's proposal to shift tax increment revenues to school districts through ERAF but the actual dollar amount was reduced significantly. In response to Council Member Osborne, Mr. Falconer indicated Redevelopment Tax Increment Revenues have increased 15-20% the last three years. He stated the Vehicle License Fee (VLF) is approximately 8% of the City's General Fund and the State reduction will not impact La Ouinta as severely as it will other cities. Mr. Spevacek confirmed the City is budgeting . for a $1.5 million loss of revenues based on the State's budget deficits. Mr. Falconer added $3 million is being set aside in future years. Mr. Spevacek explained the Fire and Police figures on Page 70 are generated on estimated population figures and inflation. Council Member Osborne commented on the positive aspect of the five-year forecast. Council Member Sniff recalled Fire and Police costs going up 14% without any increase in personnel, and questioned being able to make an accurate five-year forecast. -- --- ~-- -- ------- City Council Minutes 5 February 1 7, 2004 r-- City Manager Genovese stated the best-guess, conservative, estimate is based on current trends, and is not 100% accurate. Mr. Falconer stated the Riverside County Sheriff's Department has indicated they are. through the major cost-of-living and salary-benefit increases and the cost for the upcoming year will depend on the service and staffing levels the Council desires. Council Member Sniff stated he feels it's Ueducated speculationU and extremely difficult to get a reasonably-accurate estimate. In response to Council Member Sniff, Mr. Falconer confirmed staff is recommending the $3.9 million be used to increase the City's emergency and cash flow reserves. Council Member Henderson noted Council instructed staff to be conservative regarding the $4 million in redevelopment funds due to the uncertainty of the State budget situation and the need to set aside funds that would not be encumbered in any way. In response to Council Member Henderson, Mr. Genovese explained the mid- - year appropriation requests by the Building & Safety and Public Works Departments are in reaction to applications processed by the Community Development Department four to six months earlier. Council Member Henderson commented on the need to keep in mind what this document is and the likelihood of changes. Mayor Adolph expressed appreciation for the increase in the General Fund Reserves, and noted the new retail establishments on Highway 111 will further enhance the City's sales tax revenue. Mr. Genovese noted the Mid-Year Financial Review document is the first part of the City's annual strategic planning process, which he explained will culminate in June with the Five-Year Resource Allocation Plan and the Annual City Budget. MOTION - It was moved by Council Members Henderson/Sniff to approve a decrease in estimated revenues of $286,715 for the General Fund Vehicle License Fee (VLF) account and to approve the new appropriations as outlined in Attachment No.1 totaling $981,724 from the General Fund. Motion - carried unanimously. MINUTE ORDER NO. 2004-21. City Council Minutes 6 February 1 7, 2004 MOTION - It was moved by Council Members Sniff/Henderson to receive and file the Mid-Year Budget Report. Motion carried unanimously. MINUTE ORDER NO. 2004-22. 2. SECOND READING OF ORDINANCE NO. 400 ORDINANCE NO. 400 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING CHAPTER 3. SECTIONS 3.28.180(G) AND 3.28.370 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO BUSINESS LICENSE RENEWAL DATES. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 400 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 3. SECOND READING OF ORDINANCE NO. 401 ORDINANCE NO. 401 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING CHAPTER 9.160, SECTION 9.160.080 - SEMI- PERMANENT DOWNTOWN VILLAGE DIRECTIONAL SIGNA OF THE LA QUINT A MUNICIPAL CODE TO ALLOW ADDITIONAL SIGN PANELS AND . OTHER MINOR AMENDMENTS (ZCA 2003-080). It was moved by Council Members Sniff/Osborne to adopt Ordinance No. 401 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None - --- City Council Minutes. 7 February 1 7,2004 4. CONSIDERATION OF APPROVAL OF A CONTRACT' SERVICES AGREEMENT - WITH THE LA QUINT A ARTS FOUNDATION. There were no changes to the staff report as submitted and on file in the City Clerk's office. Mayor Adolph expressed concern about the Council not being informed prior to voting on this issue that the La Ouinta Rotary Club is no longer invited to be a participant in the La Ouinta Arts Festival. He stated he will support the Contract Services Agreement but feels it was under-handed for the Council not to be informed of this decision. Council Member Osborne noted it's a loss to the community because of the number of community events and non-profit organizations that benefit from the Rotary fundraisers. Mayor Adolph commented that the Arts Foundation has indicated it was a business decision based on loss revenues. He doesn't believe their loss of revenues is due to the Rotary, and noted the Rotary used the fund raiser as an opportunity to promote the City, and now it will be operated by a business organization. - Council Member Sniff agreed the change leaves an uneasy feeling but noted the decision not to include the Rotary is not part of this contract. Mayor Adolph explained the Rotary received a percentage of the sales each year as part of their fundraising efforts. He feels the Council should have been aware of the Arts Foundations' decision before the funding was approved. MOTION - It was moved by Council Members Sniff/Henderson to approve the Contract Services Agreement with the La Ouinta Arts Foundation in the amount of $75,000 to be used for marketing services only. Motion carried unanimously. MINUTE ORDER NO. 2004-23. STUDY SESSION - None Council concurred to take up Department Reports and Mayor and Council Members' Items at this time. - City Council Minutes 8 February 17, 2004 DEPARTMENT REPORTS 8. TRAFFIC ANALYSIS FOR THE INTERSECTION OF AVENUE 58 AND MADISON STREET. Public Works Director Jonasson advised the intersection does not meet warrants for a four-way stop at this time but should within a few years. The City's Traffic Engineer recommends a four-way stop as an interim improvement and possibly a scaled-back roundabout in the future. In response to Council Member Sniff, Mr. Jonasson indicated a resolution for the new stop sign installation can be brought back at the next Council meeting. Mayor Adolph commented on the need for some type of notification (signage, lights, etc.) to alert drivers of the new stop signs. Council Member Henderson asked if it's too late to plan a roundabout at that intersection, and Mr. Jonasson responded a scaled-down version may be possible. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PAT SUMMERALL'S "CHAMPIONS OF INDUSTRY 300 AWARD." Mayor Adolph asked if there was any interest in participating in the "Champions of Industry 300 Award" program. Council Member Henderson suggested the possibility of looking at it in the future. Council Member Perkins stated he believes charity begins at home. Council Member Osborne noted $12,000 a minute for marketing is expensive but agreed with the possibility of looking at it in the future as part of the City's overall marketing program. Council Member Sniff stated he feels it would be inappropriate to participate at this time. * * * * * * * * * * * * * -.--- -------- - - ----- City Council Minutes 9 February 1 7, 2004 Mayor Adolph reported the City's first Mayor, Fred Wolff, has suffered a stroke and - is at Eisenhower Medical Center. Council directed staff to send a get well floral arrangement. Council recessed to Closed Session as delineated on Page 1. Council reconvened with Council Member Osborne absent due to a family emergency. City Attorney Jenson made an announcement regarding Closed Session Item No.2, advising that the Council has moved, with Council Member Henderson in opposition, to authorize the City Attorney to prepare a Letter of Reprimand directed to the City Manager. She indicated the letter will be subject to approval at the next City Council meeting. MOTION - It was moved by Council Members Sniff/Henderson to excuse Council Member Osborne. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS - CV AG Energy & Environmental Resources Committee - Council Member Sniff reported the Committee voted to support a contract with Clean Streets for street sweeping services. CV AG Transportation Committee - Council Member Perkins stated he expressed concern at their last meeting about the Highway 111 traffic signal synchronization program and learned it's up to each individual city to implement the program. C. V. Mosquito Abatement & Vector Control District - Council Member Perkins reported funding for the fire ant program has been discontinued by the State and the County. Chamber of Commerce Workshop/Information Exchange Committee - Council Member Henderson referenced some information she has asked staff to forward to the Chamber regarding the history of the Ahmanson Ranch. Palm Springs Desert Resorts Convention & Visitor's Authority - Council Member Henderson reported there seems to be a consensus of the JPA for T AC to be more involved as they were in the beginning, and the Ad Hoc Committee will be coming back to the JPA with a recommendation. She stated there was also some - discussion about the Desert Shadows "clothing optional" Resort brochure being displayed at the Palm Springs International Airport. The issue was settled this time City Council Minutes 10 February 17, 2004 by the brochure rack being handled through the Milt Jones Agency. She feels some of these issues may come back in the future and she will need to carry the consensus of this Council in the decisions that are made. League of California Cities-Riverside Division - Council Member Henderson reported the League Board of Directors has taken a position to support Propositions 56 and 57. Riverside County Transportation Commission - Council Member Henderson reported CalTrans has awarded a bid for a portion of the 60/91/215 Interchange in Riverside. * * * * * * * * * * * * * All other reports were noted and filed. MAYOR AND COUNCIL MEMBERS' ITEMS. . . . . . . . . . continued Council Member Henderson requested a letter from the Department of Veteran's Services regarding Colonel Mitchell Paige be placed on the next agenda under Written Correspondence, as well as correspondence from Larry Sherman requesting Simon Drive be renamed in memory of Deputy Bruce Lee. She referenced a letter from Joanne Baker regarding an awning, and asked that the matter of awnings in the Cove be revisited. She suggested the Council consider a field trip in the Cove to view the situation. PUBLIC HEARING - None ADJOURNMENT There being no further business, it was moved by Council Members Perkins/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, ~~~ JUNE S. GREEK, City Clerk City of La Ouinta, California ~--- --.