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2004 06 01 CC Minutes LA QUINT A CITY COUNCIL r MINUTES ! JUNE 1, 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. Evaluation of City Attorney Performance - Government Code Section 54957. 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 - None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None ,..-- City Council Minutes 2 June 1, 2004 WRITTEN CORRESPONDENCE 1 . CORRESPONDENCE FROM THE McCALLUM THEATRE REGARDING SPECIAL FUNDING. Council concurred to refer the letter to staff for consideration during budget discussions on June 18, 2004. 2. CORRESPONDENCE FROM THE VILLAGE BUSINESS OWNERS REGARDING VILLAGE PARKING AND SECURITY. Council Member Henderson stated she doesn't recall a project for a parking structure being considered, and noted the problem with a two-hour parking restriction is enforcement. She believes completing the parking lot will help the situation, and suggested the developer encourage the construction workers not to park in the parking spaces near the businesses. City Manager Genovese advised the parking lot design is in process, and the Police Department is working on plans to assist with police enforcement. He confirmed a business assessment district has been discussed in the past. He noted staff can offer to meet with the businesses on the parking issue but employee parking is ultimately up to the businesses to control. Council Member Perkins commented on the expense of having a dedicated foot or bike patrol, and suggested the possibility of an assessment district for that area for law enforcement. He also asked about the status of larger signs for the parking lot. Public Works Director Jonasson stated directional signs have been installed but the larger IIParking Lot" signs have been delayed until the parking lot improvements are completed. He indicated staff has met with the businesses and addressed some of their concerns. Council Member Sniff requested a report back from staff on the size and usability of the vacant lot at Amigo/Desert Club/Avenida Bermudas/Avenue 52. Council concurred and directed staff to continue implementation of the parking lot improvements. ~ - .- M. -------- ~, City Council Minutes 3 June 1, 2004 ,..-- 3. CORRESPONDENCE FROM THE SOROPTIMIST INTERNATIONAL OF LA QUINT A/COACHELLA VALLEY. , Council concurred to refer the letter to staff for consideration ~uring budget discussions on June 18, 2004. APPROVAL OF MINUTES MOTION' - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of May 18, 2004, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Osborne requested Item No.1 0 be pulled for separate action. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 1, 2004. - 2. APPROVAL OF AMENDMENT NO.1 TO LEASE AGREEMENT WITH THE . BOYS AND GIRLS CLUB OF THE COACH ELLA VALLEY. 3. APPROVAL OF THE JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB-OF THE COACHELLA VALLEY FOR FISCAL YEAR 2004/2005. 4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH SPECIFIC PLAN 90-015, PGA WEST, KSL LAND CORPORATION, A DELAWARE CORPORATION. 5. APPROVAL OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. (RESOLUTION NO. 2004-056) 6. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM THE LA QUINT A COMMERCIAL OWNERS' ASSOCIATION, A CALIFORNIA UNINCORPORATED ASSOCIATION, FOR PUBLIC ROADWAY PURPOSES - ALONG WASHINGTON STREET ASSOCIATED WITH PARCEL MAP NO. 31248. (RESOLUTION NO. 2004-057) City Council Minutes 4 June 1, 2004 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT ENGINEER II TO ATTEND FUNDAMENTALS OF SIGNAL TIMING AND OPERATIONS SPONSORED BY THE UNIVERSITY OF CALIFORNIA BERKELEY - INSTITUTE OF TRANSPORTATION STUDIES, JUNE 9-10, 2004. 8. ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004. (RESOLUTION NO. 2004-058) 9. ADOPTION OF A RESOLUTION GIVING NOTICE AND CALL OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004. (RESOLUTION NO. 2004-059) 10. RATIFICATION OF A CONTRACT WITH EMERY LAND CLEARING EXECUTED BY THE CITY MANAGER FOR THE DEMOLITION OF CERTAIN HOUSES ON JEFFERSON STREET. (See separate action below.) 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR TO ATTEND THE LEAGUE OF CALIFORNIA CITIES COMMUNITY SERVICES CONFERENCE IN MONTEREY, CALIFORNIA, JULY 28-30, 2004. MOTION - It was moved by Council Members Sniff/Perkins to approve the Consent Calendar as recommended and amended with the exception of Item No. 10 and with Item Nos. 5, 6, 8, and 9 being approved by RESOLUTION NOS. 2004-056 - through 2004-059 respectively. Motion carried unanimously. MINUTE ORDER NO. 2004-58. Item No.1 0: MOTION - It was moved by Council Members Sniff/Henderson to approve Consent Item No.1 0, ratifying a contract with Emery Land Clearing in the amount of $88,150 for the demolition of certain houses on Jefferson Street. Motion carried with Council Member Osborne ABSTAINING due to a potential conflict of interest. MINUTE ORDER NO. 2004-59. In reference to Consent Item Nos. 2 and 3, Mayor Adolph indicated he was disappointed that the Boys & Girls Club failed to recognize the cities for their substantial support of the organization during one of their recent events. Council Member Perkins suggested sending a letter expressing the Council's disappointment. Council concurred. --- ___n___- - -- 't City Council Minutes 5 June 1, 2004 ~ Jim Ducatte, Executive Director of Boys & Girls Club of Coachella Valley, i thanked the City for its support, and apologized for the oversight in not . recognizing the City for its support. BUSINESS SESSION 1 . CONSIDERATION OF ADOPTING A RESOLUTION OF THE CITY COUNCIL APPROVING STREET NAME CHANGE 2003-015 TO CHANGE THE NAME OF BETH CIRCLE "TO NORRIS DRIVE. APPLICANT: LA QUINTA POLO PARTNERS. - Community Development Director Herman stated staff is recommending a continuance to July 6, 2004 due to the applicant's plan to submit a different name. In response to, Mayor Adolph, Mr. Herman stated Beth Circle does not continue across Madison Street. MOTION - It was moved by Council Members Henderson/Sniff to continue the application for Street Name Change 2003-015 by La Quinta Polo - Partners to July 6, 2004. Motion carried unanimously. MINUTE ORDER NO. 2004-60. .. . 2. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FOR FISCAL YEAR 2004/2005, AND A RESOLUTION DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND GIVING NOTICE THEREOF. Public Works Director Jonasson presented the staff report. Council Member Perkins questioned the need for median lighting, and noted " the lights sometimes shine' into traffic. He suggested the lighting in future medians be eliminated. "Council Member Henderson noted some areas, such as the Cove, do not have street lighting, and the median lighting provides some element of safety. - Mayor Adolph agreed median lighting helps on dark streets but also agreed they are a problem when they shine into traffic. City Council Minutes 6 June 1, 2004 Council Member Perkins stated he agrees the lighting serves as a significant safety factor on dark streets, and suggested adjustments be made so the lights don't shine into traffic. . Council Member Osborne commended staff in controlling the costs since 1 989. Council Member Sniff commented on the need to find a solution for the shortfall in funding. City Manager Genovese indicated staff is researching the issue per Council's direction. RESOLUTION NO. 2004-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2004/2005 IN CONNECTION WITH LA QUINT A LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89~ 1. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2004-060 as submitted. Motion carried unanimously RESOLUTION NO. 2004-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2004-061 as submitted. Motion carried unanimously 3. CONSIDERATION OF AN AWARD OF CONTRACT TO CONSTRUCT THE CITY OF LA QUINTA MUNICIPAL LIBRARY, PROJECT NO. 2000-06. Mayor Adolph noted staff is recommending the item be continued to June 1 5, 2004. City Council Minutes 7 June 1, 2004 MOTION - It was moved by Council Members Henderson/Sniff to continue - consideration of a contract to construct the La Quinta Municipal Library to June 15, 2004. Motion carried unanimously. MINUTE ORDER NO. 2004-61 . 4. CONSIDER.A TION OF FACILITY USE OF THE CIVIC CENTER CAMPUS BY THE LA QUINT A ARTS FOUNDATION. Community Services Director Horvitz presented the staff report. In response to Council Member Osborne, Ms. Horvitz confirmed the Arts Foundation is requesting use of the Campus and the Senior Center for 1 0 days to cover the set-up and break-down periods. Council Member Sniff inquired about the length and material of the proposed mural to cover the fencing. He stated he feels there are two other less- disruptive locations to hold the event, and commented on the need for a long-term solution. He questioned using non-City employee personnel to monitor the south parking lot during the event, and asked about the number of days the event would be held. - Ms. Horvitz stated the Arts Foundation proposes to use a vinyl banner material for the mural that can be secured against the ravages of the wind. The event is scheduled to begin Thursday from 3:00 p.m. to 6:00 p.m. and all day Friday, Saturday, and Sunday. Council Member Sniff asked about the event parking locations, and suggested the potential need to close City Hall on Friday to avoid parking problems for the employees. He also asked who would be responsible for the shuttle costs. Ms. Horvitz advised the south parking lot would be reserved on Friday for employee and public parking for City business, and employees would be provided with parking permits. The event parking locations are yet to be determined, and the shuttle costs would be paid by the Arts Foundation. She noted the facility use fees cannot be waived and suggested the possibility of paying the fee from the $75,000 line item in the budget for the Arts Foundation. Council Member Sniff noted the Arts Foundation funding request is for - $100,000, not $75,000, and that funding has to be approved before anything can be allocated from that line item. He pointed out the funding amount is for promotion. City Council Minutes 8 June 1, 2004 City Manager Genovese stated the amount referenced by Ms. Horvitz is based on the current budget amount and does not reflect the Arts Foundation requested amount. Mayor Adolph asked if it has been determined how the artists will be able to set up since they can't drive on the Campus. Ms. Horvitz stated no specifics have been finalized but the Arts Foundation has reviewed the site with some of their artists. Kathy Dunham, 55-172 Oak Tree, an artist, spoke in support of the Campus site for the Arts Festival, and stated she doesn't believe set-up or parking will be a problem. In response to Council Member Osborne, Ms. Horvitz confirmed having the Arts Festival at the Campus could potentially cost the City $25,000. The facility use fee for the period of time requested totals $20,400 and lost revenue from rentals of the Senior Center and classes brings the estimated total to $25,000. MOTION - It was moved by Council Members Henderson/Perkins to: 1) approve the use of the Civic Center Campus by the La Guinta Arts Foundation for the 2005 Arts Festival; 2) direct staff to work at finding an alternative location for the two church groups regularly scheduled to use the Senior Center during the Foundation's use; 3) direct staff to cancel all programs and services at the Senior Center during the week of March 1 3-1 9; 4) direct the Foundation to provide parking monitors to allow City employees and public doing business at City Hall to park during normal business hours . during the Arts Festival; 5) allow the Foundation to use the north parking lot as a handicap-access parking lot; 6) direct the Foundation to provide a decorative element to the chain-link security fencing that will, to the best of their ability, withstand the weather elements; 7) allow the Foundation to charge admission to the Festival; 8) allow the Foundation to solicit donations and sell alcoholic beverages on the Civic Center Campus; and 9) consider funding for the facility use permit during the budget process. Council Member Sniff stated he will support the motion with the proviso there will be no trucks or automobiles on the Campus. Ms. Horvitz stated that issue was not addressed by staff but n9ted Ms. Dunham indicated the artists are accustomed to not bring vehicles on the site. Council Member Henderson indicated she prefers making a policy to restrict artists from delivering their artwork in their vehicles, as opposed to being - ~~~ u_~- --- -- - -~--- City Council Minutes 9 June 1, 2004 bound by a statement that disallows any vehicles because a situation could ,..-- I arise wherein an emergency vehicle would be needed. Mayor Adolph referenced the use of a van during the last concert without any damage occurring, and agreed a heavy truck could cause damage. Council Member Sniff suggested including a requirement for the Foundation to return the Campus to standard condition when the event is over. Council Member Henderson noted that would be a part of the facility use agreement. Motion carried unanimously. MINUTE ORDER NO. 2004-62. Council Member Perkins noted he and Council Member Henderson were not able to support the Foundation's funding request a few years ago because they felt there was a lack of cooperation from the Foundation in receiving certain information. He is pleased both of them can now support the Foundation's request. ,..-- 5. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2004/2005. . Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, Ms. Horvitz stated new commissioners are provided copies of the previous meeting minutes to bring them up-to-date on the issues discussed by the Commission. Council Member Henderson spoke in support of the Commission reviewing the Community Services brochure for better awareness of the activities. MOTION - It was moved by Council Members Sniff/Henderson to approve the Community Services Commission 2004/2005 Work Plan. In response to Council Member Osborne, Ms. Horvitz indicated attendance at School Board meetings has been deleted from the Work Plan but the Commission will continue working closely with the schools under Community Unity. - Motion carried unanimously. MINUTE ORDER NO. 2004-63. City Council Minutes 10 June 1, 2004 6. CONSIDERATION OF THE CULTURAL ARTS COMMISSION WORK PLAN FOR FISCAL YEAR 2004/2005. Community Services Director Horvitz presented the staff report. In response to Council Member Sniff, Ms. Horvitz stated the revised Work Plan is more specific regarding development of the Public Art Program, and the Temporary Art Placement Program has been deleted due to the artists being uncomfortable with the requirements. Concerts have also been eliminated from the Work Plan. Council Member Henderson stated she appreciates their position on the concerts because the attendance was low but is disappointed their solution is to eliminate the concerts instead of trying to determine what may work. She feels the last concert failed to have a focus appeal to a more mature group, and that the higher attendance at previous concerts were due to parents showing up to watch their children perform. Mayor Adolph noted few people stayed for last year's concert after the food faire was over. In response to Council Member Perkins, Ms. Horvitz stated the Commissioners are not interested in soliciting donations for an event unless they are so directed by the Council or are involved with the logistics of planning the event. He indicated he doesn't feel the Commission should be forced to solicit donations, and that solicitations should be an individual decision. MOTION - It was moved by Council Members Henderson/Sniff to approve the Cultural Arts Commission 2004/2005 Work Plan. Motion carried unanimously. MINUTE ORDER NO. 2004-64. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson indicated there was a discussion at their last meeting about soliciting funds for artwork for the facility, and she indicated she felt it was premature until the facility is open. Desert Resorts Regional Airport Authority - Council Member Osborne referenced the upcoming name change to Jackie Cochran Regional Airport, and reported the - ------~-_.- City Council Minutes 11 June 1, 2004 air show is scheduled for November 5, 2004. He announced an air show will also ,..-- be held June 4th and 5th at the Hemet Ryan Airport. , League of California Cities-Riverside Division - Council Member Henderson reported the petition submitted by the League has qualified for the November State ballot. She indicated she has been appointed to a committee to address some of the uncertainties builders face when submitting residential projects to the cities. Council Member Sniff referenced an effort to allow 14 year olds to vote with a * vote and 16 year olds to vote with a % vote. He hopes the League will take a stand against that issue, as well as long sessions in the Legislature. Palm Springs Desert Resorts Convention & Visitor's Authority - Council Member Henderson reminded Council dedication of the new facility will be June 15, 2004. SunLine Transit Agency /SunLine Services Group - Mayor Adolph reported Sun Line's dump site used for street sweeping waste material has been closed. * * * * * * * * * * * * * All other reports were noted and filed. - DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS 1 . DISCUSSION REGARDING FRED WARING DRIVE IMPROVEMENTS IN FRONT OF ESPLANADE DEVELOPMENT. Council Member Osborne commented on the length of time the Esplanade Development and other developments take to complete the. off-site street improvements. City Attorney Jenson advised the Subdivision Improvement Agreement requires off-site improvements to be completed within one year of the final map being recorded unless the time is extended by Council. Public Works Director Jonasson indicated the City of Indio has a problem with how the lanes line up. - Ms. Jenson stated the City can send a notice of default and the developer could then request an extension. City Council Minutes 1 2 June 1, 2004 Council Member Osborne asked the status of improvements in front of Washington Square and Target on Highway 111. Mr. Jonasson responded CalTrans has had the plans in final plan check for about a month, and staff is trying to make sure the project is not held up at CalTrans more than necessary. Council Member Osborne requested Notice of Defaults be sent when appropriate in order for the developments to know the City is aware they are past the 12- month period. Council Member Henderson stated she feels some consideration should be given to how much reasonable time the City took in reviewing the plans. Mr. Jonasson indicated Esplanade was late in presenting their plans to Indio because they wanted La Quinta to coordinate with the other two jurisdictions. However, staff advised them it was their responsibility. He feels the developer's delay In realizing his responsibility and changes requested by the agencies have complicated the issue. Council Member Osborne requested the developer be notified that the City is aware they are beyond their 12-months period. 2. DISCUSSION REGARDING SIGNAGE AT THE TRAFFIC CIRCLE ON A VENIDA MONTEZUMA. Council Member Perkins stated he believes the signs at the traffic circle near the Post Office should read, "Keep Right" instead of IIOne Way," and should be ~ade of square aluminum material to avoid being bent so easily. Council Member Sniff stated he understood the area was supposed to be raised instead of having so many signs. Council Member Henderson noted the plans were put on hold until the new Post Office is completed because the traffic circle is difficult for large postal vehicles to maneuver. Council Member Perkins stated his concern is related to the signs directing traffic incorrectly. Mr. Jonasson advised a new traffic circle design will be brought back as a CIP project once the drainage issues are resolved. He believes the "One - m~_____-~ -~ -- ~ ~._-- ---~~~ -~U- ----- City Council Minutes 13 June 1, 2004 Way" signs will work better if a truck apron is installed, and voiced liability :- concerns about changing the wording on the signs. : i 3. DISCUSSION REGARDING SUITABLE RECOGNITION FOR LA QUINTA'S FIRST MAYOR FRED WOLFF. Mayor Adolph stated he has received three requests to find a suitable recognition for Past Mayor Fred Wolff who recently passed away. The suggestions received are the current Post Office, the pool at Fritz Burns Park, or a section of the Bear Creek Bike Path. After a brief discussion, Council concurred to direct staff to look at naming a portion of the Bear Creek Bike Path near Fred Wolff's home after him. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to the Financing Authority. Council reconvened and recessed to Closed Session, as delineated on Page 1, to and until 7 :00 P. M . - 7:00 P.M. . PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1 . JOINT PUBLIC HEARING BETWEEN THE LA QUINTA CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER ADOPTION OF: 1) A RESOLUTION OF THE CITY COUNCIL APPROVING A LOAN BETWEEN THE REDEVELOPMENT AGENCY AND THE FINANCING AUTHORITY; AND 2) A RESOLUTION OF THE REDEVELOPMENT AGENCY APPROVING THE ISSUANCE OF ITS FIRST SUPPLEMENT AL LOAN AGREEMENT, ESCROW DEPOSIT AND TRUST AGREEMENT, OFFICIAL STATEMENT, PURCHASE CONTRACT, AUTHORIZING THE EXECUTIVE DIRECTOR TO SET THE FINAL TERMS OF THE APPROVAL OF THE AGENCY LOAN, APPROVING THE PAYMENT OF COSTS OF ISSUING THE AGENCY LOAN AND MAKING ,..-- CERTAIN DETERMINATIONS RELATING THERETO. Finance Director Falconer presented the staff report. City Council Minutes 14 June 1, 2004 In response to Council Member Osborne, Robin Thomas, Senior Vice President of Wed bush Morgan Securities, advised the 30-year interest rate is in the low 5 % and the front end should be as low as 2 %. Mr. Falconer confirmed 100% of the funds are to be used for low and moderate-income housing. In response to Council Member Henderson, Mr. Falconer stated there is an interest expense of $81 ,071,297 in addition to the principal amount, making the total $1 71 ,071 ,297. He indicated the 1 995 Housing bond amount referenced on Page 2 was approximately $26.5 million originally. In response to Council Member Osborne, Mr. Falconer advised the $1 million savings in interest will be savings to the Redevelopment Agency. Council Member Sniff asked about early payment penalties. Mr. Falconer indicated the bonds cannot be called until after 10 years, at which time there would be a penalty. Ms. Thomas explained the bonds are amortized over the 30-year period, and the principal is balanced with the interest so there will be a substantially- level debt service in each year. Although there is a 10-year call protection on the bonds, the City could defuse them by putting money in an escrow fund with a trustee. She confirmed the bonds are not taxable, and can be refinanced at a lower interest rate during the 1 O-year call protection period. The Mayor declared the PUBLIC HEARING OPEN at 7: 17 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7: 17 p.m. RESOLUTION NO. 2004-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING A LOAN BETWEEN THE LA QUINT A REDEVELOPMENT AGENCY AND THE LA QUINT A FINANCING AUTHORITY. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2004-062 as submitted. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING THE IMPLEMENTATION OF A RED LIGHT CAMERA PROGRAM AND DESIGNATE PROCESS TO AWARD CONTRACT. Police Chief Horton presented the staff report. ~ - -- - -- --~~ --~- ---- - -- -- ----- City Council Minutes 1 5 June 1, 2004 - : Council Member Sniff suggested Council Member Perkins and Mayor Adolph serve on the Selection Committee if this item moves forward. In reference to the Fred Waring Drive/Washington Street intersection being a possible location for the program, he asked if Palm Desert has been contacted. Chief Horton stated staff has talked to the Palm Desert Police Department and is willing to contact Palm Desert City Hall but the program will only affect approaches within La Quinta. In further response to Council Member Sniff, he indicated" the intersections of Fred Waring Drive and Washington Street and Highway 111 and Washington Street are potential intersections for the program but information from the crossroads database could change the intersections on a semi-annual or annual basis. He noted the intersections of Eisenhower Drive and Washington Street, and Avenue 50 and Washington Street both have problems with red light runners. Council Member Sniff voiced concern about the ability to effectively notify drivers about the red light program on such a wide intersection as Washington Street and Highway 111. Chief Horton stated the traffic engineer has indicated it will not be a problem - to install proper notification. Contract Traffic Engineer Nazir Lalani stated he feels there should be signage in the medians as well as on the curb side of the street if the intersection is wide. In response to further questions by Council Member Sniff, he stated the California Vehicle Code allows the option of placing signage at the City boundary or at the individual intersections but he recommends posting signage at the individual intersections to be more effective and to avoid. claims of inadequate notification. He indicated the signs should be at least 500 feet before the intersection. As for photo quality, he has viewed photos taken at a wide intersection in the City of Ventura and they were very good. He understands about 1/3 of their photos did not result in citations because of sun glare, camera malfunction, or camera adjustment. He also understands the use of video is much clearer in the sequence of event than still photos. He explained the cameras are activated if the vehicle speed is 1 0-1 2 mph as it crosses over the two loops immediately behind the crosswalk. Council Member Sniff stated he understood the intent was to try the program on a one-year trial basis but has since been told that once the r-- equipment is installed, it will remain there for five years. City Council Minutes 16 June 1 , 2004 Chief Horton indicated he was not aware of any five~year contract. His recommendation has been for a one-year test program, at no cost to the City, to determine the viability or acceptable use of the program. City Attorney Jenson advised there was a draft contract in the study session staff report that included a five-year reference period with a one-year beta program. The contract proposed that at the end of the one-year period, the City would have the option of terminating the contract if the program was not generating enough revenue to cover the cost. Council Member Sniff inquired about the - effectiveness of the system in saving lives with any degree of certainty, and the length of time it takes for violators to be notified. Chief Horton stated notices would be sent within the length of time deemed reasonable by the court. As for the program's effectiveness in reducing fatalities, he stated the use of enforcement with motor officers reduces traffic violations and potential fatalities, and noted the study session material indicated the red light runner program has reduced traffic violations in every jurisdiction where it has been implemented, and thereby, has reduced traffic fatalities. Based on the information presented, he feels a reasonable person would believe that the program will reduce traffic violations, accidents, and fatalities. Council Member Sniff asked how many fatalities there have been at Washington Street and Highway 111 within the last 10 years that were the result of someone running a red light. Mayor Adolph noted the study session material indicated 1 2 collisions but no fatalities. Council Member Sniff asked why more cities in the Valley haven't used the program, and Chief Horton responded because the program has not been cost-effective in the past. Council Member Perkins stated he has been somewhat skeptical about the program but noted other cities claim the program is very effective. He doesn't view the program as a revenue-generating program but rather a way to reduce traffic accidents. He believes the Washington Street/Highway 111 intersection will be the greatest challenge in being a viable location for the program. In response to Mayor Adolph, Chief Horton stated his initial understanding was that the Police Department would select a company to provide the one- - - -~- - - ---- - - City Council Minutes 1 7 June 1, 2004 year beta test, and that an RFP would be distributed after the one-year r-- period if the City wished to continue the program. However, the recommendation at this time is to distribute an RFP now with the requirement for a one-year test period. Ms. Jenson noted even through the one-year beta test, the City will issue checks to the selected vendor to transfer the revenue received for the violations. She further explained" a contract for services will be necessary even for the beta test period. Mayor Adolph asked about the police staff time involved with the program. Chief Horton stated the time involved with reviewing the data will depend on the turn-around time required by the vendor, and during the beta test period, there will be no extra staff time charged back to the City. He stated there will be an appeal process, and staff will work with the City Engineer to remedy any traffic light issues that become a problem. Mayor Adolph spoke in favor of trying the program to reduce violations, and stated he will be looking at the ultimate costs. ,-- Chief Horton agreed the affordability and effectiveness of the program are important issues to consider. The Mayor declared the PUBLIC HEARING OPEN at 7:20 p.m. Tom Mulcahey, 79-350 Desert Rock Court, questioned the cost~ effectiveness of the program. Dave Lippert, 78-745 Roxbury Court, inquired about the cost and how long it will take for the equipment to pay for itself. He suggested using the money to hire more police officers and paramedics. Mayor Adolph noted there will be no costs to the City for the first year. The Police Department has recommended the program on a test basis. Chief Horton stated staff is recommending a 'system that is camera-driven without any loops in the street. He added the Police Department will not recommend continuing the program after one year unless it continues to be no cost to the City. - Mr. Lippert asked what cities are using the new camera-driven technology, , and questioned why the City would want to implement a program that will increase the budget deficit. Chief Horton stated the technology has been City Council Minutes 18 June 1, 2004 successful through-out the United States. Mayor Adolph pointed out the City does not have a budget deficit. Bill Kroske, Vice President of Transol, referenced the RFP process and indicated it places his company in a difficult position because they have already provided their bid and other information as part of the study session. He stated the five years referenced in the draft contract is a guarantee not to increase the price for five years should the City decide to continue the program. . Mr. Mulcahey questioned the City having to distribute an RFP if t~ere are no costs involved. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:09 p.m. Council Member Henderson commented on the benefits of the program, and noted the City cannot afford to put a police officer at every intersection. She stated that consistently, on a daily basis per week, she sees between 7 and 10 people" running a red light at Washington Street and Highway 111 and other intersections, and believes the community wants to give the program a try. She sympathized with Mr. Kroske regarding the RFP process but stated she is comfortable with the explanation provided by the City Attorney. She supports moving forward with a one-year beta study and deciding after one year whether or not to continue the program. She doesn't feel the City of Indian Wells would continue their program if they are losing money unless they believe they are gaining safety. Council Member Perkins stated he was willing to serve on the Selection Committee. Council Member Osborne stated he feels this is a great opportunity to try the system, and supports moving forward with it. Council Member Sniff stated he would support distribution of an RFP but would like to know if the City will have control on the fine amount. Chief Horton stated the maximum fine amount, which is set by the State, is approximately $300 but the amount can be lowered by a judge in court. Ms. Jenson confirmed the State Legislature sets the maximum fine, and the judges implement the fine. --- ---- -~ -- --~-- - ----- City Council Minutes 1 9 June 1, 2004 Council Member Sniff indicated he understood the City of Indian Wells .- recently raised their fine to $387. . Council Member Perkins noted the fine would have to have been raised by the State. In response to Council Member Sniff, Chief Horton advised the violations would be handled through traffic court. Mayor A~olph stated he is willing to support the Police Department's recommen~ation to try the program for one year to see if it's beneficial. I Council Jember Sniff noted the left-turn arrow traveling northbound at Washington Street and Highway 111 is difficult to see, and commented on the need for the traffic signals to be functional and clearly visible in all light conditions. I I : Mr. Jonasson agreed the left-turn arrow appears difficult to be seen at times : but noted the signal is operating the way it was designed. I Council Member Henderson stated she believes motorists are becoming 1- accustomed with the left-turn signal turning red before the through signal. I I I. Mr. Lalani advised CalTrans has changed all the control equipment along I . . Highway 111 and new signal timing plans have been installed, which has resulted in the left-turn signal changing before the through signal changes. He stated the goal is to have traffic signal synchronization between Palm Desert and Indio by the end of July. He pointed out emergency vehicle activation and increased pedestrian traffic changes the synchronization for a period of time. RESOLUTION NO. 2004-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF A RED LIGHT CAMERA PROGRAM. It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2004-063 as submitted. Council Member Sniff indicated he has reservations about the program but - will support the motion, and reiterated his request to have Council Member Perkins serve on the Selection Committee. City Council Minutes 20 June 1, 2004 Council Member Henderson noted appointment of the Selection Committee will be a separate motion. In response to Mayor Adolph, Chief Horton stated he feels Council Member Perkins's input on the Selection Committee will be valuable because of his prevIous experience In a police department but having others on the Committee without the background knowledge would not be conducive to a successful conclusion. Council Member Henderson stated she supports citizen involvement but agrees this requires more technical knowledge. Motion carried unanimously. MOTION - It was moved by Council Members Henderson/Sniff to authorize staff to prepare and issue a request for competitive proposals from potential operators of a red light camera program, and designate Police Chief Horton¡ Public Works Director Jonasson, Building & Safety Director Hartung, and Council Member Perkins to serve on the Selection Committee. Motion carried unanimously. MINUTE ORDER NO. 2004-65. The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). 'ADJOURNMENT , There being no further business the meeting was adjourned. Respectfully submitted, ~4~ JUNE S. GREEK, City Clerk City of La Quinta, California -- - -~ -- -- -- -