2011 02 15 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
FEBRUARY 15, 2011
A special 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 Evans, Franklin, Henderson, Sniff, Mayor Adolph
ABSENT: None
PUBLIC COMMENT — None
CLOSED SESSION
1. Conference with City's legal counsel regarding pending litigation, Apartments
at La Quinta Vi/ /age, L.P., at a/ v. La Quinta Redevelopment Agency, at al,
Riverside Superior Court Case No. RIC 1101382, pursuant to Government
Code Section 54956.9(a).
2. Conference with City's real property negotiator, Thomas P. Genovese,
pursuant to Government Code Section 54956.8 concerning potential terms
and conditions of acquisition and /or disposition of 335± acres located at the
southwest corner of Avenue 52 and Jefferson Street. Property
Owner /Negotiator: La Quinta Redevelopment Agency, Douglas Evans.
3. Conference with labor negotiators Ski Harrison and Thomas P. Genovese
regarding negotiations with the City of La Quinta Unrepresented Employees:
Accounting Manager, Assistant City Manager- Development Services,
Assistant City Manager- Management Services, Building & Safety Director,
Building & Safety Manager, City Clerk, Community Safety Manager,
Community Services Director, Economic Development Project Manager,
Emergency Services Coordinator, Executive Assistant, Executive Office
Assistant, Finance Director, Golf /Park Landscape Manager, Human
Resources /Risk Manager, Information Services Analyst, Maintenance
Manager, Management Assistant, Planning Director, Planning Manager,
Principal Engineer, Principal Planner, Public Works Director, and Public Works
Inspection Supervisor, pursuant to Government Code Section 54957.6
4. Conference with labor negotiators Ski Harrison and Thomas P. Genovese
regarding negotiations with the La Quinta City Employees Association
pursuant to Government Code Section 54957.6 — Meet and Confer.
City Council Minutes 2 February 15, 2011
Council recessed to the Redevelopment Agency and to Closed Session to and until
the hour of 4:00 p.m.
4.00 P_M_
The City Council meeting was reconvened with no decisions being made in Closed
Session which require reporting pursuant to Government Code Section 54957.1
(Brown Act).
Mayor Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT - None
CONFIRMATION OF AGENDA
City Manager Genovese announced a memorandum has been distributed regarding
a revised recommendation for Consent Calendar Item No. 11.
- None
PRESENTATIONS - None
WRITTEN COMMUNICATIONS - None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff /Evans to approve the City
Council Minutes of February 1, 2011, as submitted. Motion carried unanimously.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 15, 2011.
2. RECEIVE AND FILE TREASURER'S REPORT DATED DECEMBER 31, 2010.
City Council Minutes 3 February 15, 2011
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED DECEMBER
31, 2010.
4. APPROVAL OF A JOINT USE OF FACILITY AGREEMENT BY AND BETWEEN
THE CITY OF LA QUINTA AND DESERT SANDS UNIFIED SCHOOL
DISTRICT.
5. APPROVAL OF OPERATION AND MAINTENANCE AGREEMENT FOR THE
FRITZ BURNS PARK POOL WITH THE FAMILY YMCA OF THE DESERT.
6. ACCEPTANCE OF PHASE II VILLAGE ENHANCED PEDESTRIAN CROSSING
AND TRAFFIC CALMING DEVICES, PROJECT NO. 2008 -04B.
7. APPROVAL TO EXCUSE INVESTMENT ADVISORY CHAIRMAN DAVID
PARK'S ABSENCE FROM THE FEBRUARY 9, 2011 INVESTMENT ADVISORY
BOARD MEETING.
8. ACCEPTANCE OF GRANT APPLICATION TO THE CALIFORNIA OFFICE OF
TRAFFIC SAFETY (OTS) FOR THE SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (STEP) GRANT.
9. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO.
486, AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE TO ADD
SECTION 11.73.060, LOCKED STORAGE, TO REGULATE THE SALE OF
AEROSOL SPRAY PAINT.
10. APPROVAL OF: 1) REIMBURSEMENT AGREEMENT WITH GOLDENVOICE,
LLC, 2) PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS &E)
AND ADVERTISEMENT FOR BIDS FOR AVENUE 50 IMPROVEMENTS; AND
3) APPROPRIATION OF FUNDING.
11. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO
TAKE ALL NECESSARY ACTIONS TO ACCEPT THE TRANSFER OF NON -
HOUSING PROPERTIES FROM THE LA QUINTA REDEVELOPMENT AGENCY.
(RESOLUTION NO. 2011 -011)
MOTION - It was moved by Council Members Sniff /Evans to approve the
Consent Calendar as amended, and with Item No. 11 being approved by
RESOLUTION NO. 2011 -011. Motion carried unanimously.
City Council Minutes 4
BUSINESS SESSION
1. CONSIDERATION OF CIVIC CENTER
ACKNOWLEDGMENT AREA APPLICATIONS.
February 15, 2011
CAMPUS ARTISTS
Community Services Director Hylton presented the staff report.
MOTION - It was moved by Council Members Sniff /Franklin to authorize the
following names of artists to be included on the Artist's Acknowledgment
Area: Jan Blakley, John Bowman, Edward Gilreath, Joe Oakes, and Jean
Rosker.
Mayor Adolph stated he was impressed with the Jurassic display at the
museum and has received many positive comments about the display.
Motion carried unanimously.
2. CONSIDERATION OF 3 RD QUARTER COMMUNITY SERVICES GRANTS AND
FUNDING REQUESTS.
Community Services Director Hylton presented the staff report.
Marty Jacobus, Manager of the Fellowship of Christian Athletes, stated he
was available for questions from the City Council. Mayor Adolph expressed
his concern of all funding being sent to Kansas City, Missouri, and requested
an explanation. Mr. Jacobus explained the organization's headquarters is in
Missouri where all funding is received and in turn distributed to each
organization in return; and the funding will be utilized for funding Police
Department services for the event.
Mayor Adolph asked if the event will be held in Old Town La Quinta. Mr.
Jacobus confirmed and explained this will be the third year the event will be
held in Old Town with the La Quinta Resort as the host hotel.
Council Member Franklin conveyed her concern of the $500 being a high
amount as an administrative cost. Mr. Jacobus explained the organization
charges 10% for administrative costs which provides for insurance and other
organization expenses.
Council Member Franklin suggested the organization bill the City for the
traffic control costs up to a certain amount. Mr. Jacobus was agreeable to
the suggestion.
City Council Minutes 5 February 15, 2011
Council Member Henderson expressed concern of the $5,000, and would be
more favorable to awarding a $2,500 grant.
Council Member Evans asked what communication or collaboration does the
organization have with Old Town to promote the event. Mr. Jacobus
explained the organization has been working with Leslie Lockin in Old Town
to coordinate logistics with other events. Council Member Evans conveyed
her support of awarding a $2,500 grant to the organization.
MOTION - It was moved by Council Members Henderson /Evans to approve a
Community Services Grant for Palm Desert Middle School Band Boosters -
Rock the House in the amount of $2,500; and Fellowship of Christian
Athletes in the amount of $2,500, with a direct billing of the traffic control
costs. Motion carried unanimously.
3. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH RBI
TRAFFIC TO PROVIDE PROFESSIONAL ENGINEERING SERVICES TO
PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF
PROBABLE CONSTRUCTION COSTS FOR A NEW TRAFFIC SIGNAL AT THE
INTERSECTION OF MADISON STREET AND AVENUE 54, PROJECT NO.
2009 -03.
Public Works Director Jonasson presented the staff report.
Council Member Henderson stated this matter was discussed about a month
ago and there was agreement on the Council this project may be premature;
recalls the installation of the traffic signal at Madison and Airport Boulevard
and has reconsidered the viability of this project; based on the fact that the
project meets the warrant criteria and a signal would inevitably be needed,
she conveyed her support of this project.
Council Member Franklin stated she does not see the need for a traffic signal
as there is no waiting to proceed through the intersection at the four -way
stop.
Council Member Sniff stated the Federal Government is on the edge of
bankruptcy and the acceptance of Federal funding contributes to it, and will
not support continuing to accept funding; asked what is the amount of the
grant. Public Works Director Jonasson clarified the funding is from the State
and amount is $322,000. Council Member Sniff recommends the City
Council to not support this project.
City Council Minutes 6 February 15, 2011
Council Member Evans stated she is not in support of the project as there
are more important priorities at this time.
Mayor Adolph stated he has not been supportive of this project from the
beginning; and this signal is not needed at this time.
Council Member Henderson stated there is some merit to install the signal at
this time, but will support the City Council's concurrence to not proceed
with the project.
MOTION - It was moved by Council Members Evans /Franklin to decline a
Professional Services Agreement in an amount not to exceed $30,977 with
RBI Traffic to provide professional engineering services to prepare the Plans,
Specifications, and Engineer's Estimate (PS &E) of probable construction
costs for the new traffic signal at the intersection of Madison Street and
Avenue 54, Project No. 2009 -23, and directed staff to return the grant
funding to RCTC. Motion carried unanimously.
4. CONSIDERATION OF MID -YEAR BUDGET REPORT FOR FISCAL YEAR
2010 -2011.
Finance Director Falconer presented the staff report.
Council Member Henderson asked staff to explain the Fire Tax Credit further
for better understanding. Finance Director Falconer explained that with the
expansion of City Hall, part of the plan was to install an Emergency
Operations Center utilizing Fire Tax funds derived from redevelopment pass -
through agreements.
Mayor Adolph thanked staff for the explanation as the public believed the
Emergency Operations Center was a bomb shelter for the City Council.
Council Member Evans asked how long has Mr. Falconer served with the
City. Finance Director Falconer stated he has been employed with the City
for 16 years. In addition, Council Member Evans asked which has been the
toughest mid -year budget report in the last 16 years. Finance Director
Falconer stated this year ranks third with the last two years being first and
second, respectively.
MOTION - It was moved by Council Members Sniff /Henderson to: 1) approve
an increase in estimated revenues totaling $2,697,983 in the General Fund
and a decrease of $(42,363,836) from other City Funds as outlined in
Attachments 1 -5 of the staff report; 2) approve an increase in appropriations
City Council Minutes 7 February 15, 2011
totaling $2,440,397 in the General Fund and a decrease in appropriations of
$(45,124,876) in other City Funds as outlined in Attachments 1 -5 of the
staff report. Motion carried unanimously.
MOTION — It was moved by Council Members Sniff /Evans to receive and file
the Mid -Year Budget Report. Motion carried unanimously.
5. CONSIDERATION OF A RESOLUTION ADOPTING THE CITY OF LA QUINTA
FISCALLY RESPONSIBLE REDUCTION PLAN FOR ELIGIBLE EMPLOYEES.
City Manager Genovese presented the staff report.
Council Member Henderson asked if this is a PARS program as there are a
few instances where PERS /PARS are referred to in the staff report. City
Manager Genovese confirmed it is a PARS program and the PERS and PARS
reference are separate and were referenced as PERS /PARS for comparison;
and further explained the PERS program is open in the retirement criteria (5
years of service, vested in PERS, and 50 years of age) which will enable
many employees to retire, leaving the organization having to fill necessary
positions that may become vacant; and with the PARS program there is
more identified criteria which provides restrictive benefits that will ensure the
organization can meet its staffing needs.
Council Member Evans asked if the PARS program is offered in conjunction
with the PERS program. City Manager Genovese explained the PERS
program is the primary retirement program and if offered a 'golden
handshake,' an additional two years of service would have been provided
with the PERS program; but with the PARS program, it has been sized to
equal the benefit to the agency and employee where a separate check would
be issued. Council Member Henderson stated that by going with the PARS
program the City was able to streamline the criteria to benefit the
organization. City Manager Genovese confirmed and further explained that
the criteria for the PARS program better suits the organization, prevents
many vacancies, and enables the organization to better service the needs of
the residents.
Council Member Sniff stated this is a situation that is bothersome as he feels
badly that the City is in this position, even after being extremely careful
financially; the City is being considerate and helpful by offering this program
to its employees; is bothered that many qualified, talented, and experienced
employees may be leaving, but feels better that those employees can leave
in a way that benefits them. Council Member Sniff stated Deputy City Clerk
City Council Minutes 8 February 15, 2011
Phyllis Manley is retiring and leaving this week, and referred to her as
symptomatic of a wonderful, productive employee.
Council Member Evans asked the City Manager to describe the timeline, the
process, and resources available to the employees potentially retiring. City
Manager Genovese stated PARS representatives will be conducting a
meeting to explain the program, Human Resources /Risk Manager Deeringer is
available to assist the employees, and a representative from the City's
Employee Assistance Program is available with an additional consultant to
assist with the transition.
Council Member Evans stated staff makes the City Council's job easier; and
commended staff for providing this program and recommendations to
minimize the challenges of the budget.
Council Member Sniff stated this program is voluntary and not mandated;
and recommended Option 1 - 10 -year program.
Council Member Henderson stated the City Council has implemented
programs and policies in response to needs of the City; this program is good
for the employees and the City which is voluntary; and conveyed her support
for Option 1 - 10 -year program.
Mayor Adolph stated he visited with Deputy City Clerk Manley today and
stated she is looking forward to retiring, and with her husband retiring in a
couple of weeks.
Council Member Franklin stated the City Council has been eloquent with
comments about the program and benefits to the employees; and
commended staff for compiling a win /win program.
RESOLUTION NO. 2011 -012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING THE CITY OF LA QUINTA FISCALLY RESPONSIBLE
REDUCTION PLAN (FRRP).
It was moved by Council Members Sniff /Henderson to adopt Resolution No.
2011-012 as submitted with Option 1, 10 -years program. Motion carried
unanimously.
STUDY SESSION
City Council Minutes 9 February 15, 2011
1. DISCUSSION OF CITY COUNCIL GOALS AND THE FISCAL YEAR
2010 -2011 ANNUAL FINANCIAL MANAGEMENT REVIEW.
Assistant City Manager- Management Services Plumlee presented the staff
report.
Council Member Henderson stated it is important to re- emphasize that the
City is a low -no property tax City, and the general fund revenue comes from
transient occupancy and sales tax revenue, when stating the goal to
maintain and improve the City's market share of retail, tourism and service
industries; and explain why the City does what it is doing.
Council Member Sniff stated the program ideas are good ideas, but needs to
decide where to put our emphasis on opportunities to be productive; and
public safety must be the priority, with supporting the business community
as second.
Mayor Adolph stated a question was asked of how many people purchased
items online at a luncheon, and stated he did not raise his hand as he would
rather support the community with his purchases in our community
businesses.
Council Member Henderson stated there is a large competitive business
market; referred to declaring sales tax for out -of -state purchases online; and
stated there is an ongoing effort to monitor sales tax for online purchase by
the legislature.
Council Member Evans stated she does shop online for items that are not
available in the City. Council Member Franklin agreed with the comments
made by Council Member Evans.
Mayor Adolph conveyed his support of the goals.
Council Member Sniff stated there are some shoppers that prefer to feel and
touch items before purchasing.
Council Member Henderson stated the most important goal is a concentrated
effort to 'CYA' and monitor activity in Sacramento.
Council Member Franklin stated Council Member Henderson's reference to
'CYA' stands for Cover Your Assets. Assistant City Manager- Management
Services Plumlee stated the four Council goals in the Annual Financial
City Council Minutes 10 February 15, 2011
Management Review and the added goal of Cover Your Assets will be
brought back for approval at the March 15, 2011 meeting.
REPORTS AND INFORMATIONAL ITEMS
League of California Cities — Council Member Henderson reported she has met in
Cherry Valley with Counties of Riverside and San Bernardino who have organized
an Inland Empire Coalition to promote support of redevelopment agencies.
IID ECAC — Council Member Franklin reported the Board fired General Manager
Brian Brady and appointed Kevin Kelly as Interim General Manager; the Board
discussed the attempt to become green with solar or air power has it's difficulties
of transporting the power to the consumer. She further reported that a mountain
lion climbed an electric pole and was electrocuted by a transformer at the Avenue
52 substation in La Quinta.
Mayor Adolph thanked Council Member Henderson for giving the presentation
regarding redevelopment agencies at the Chamber of Commerce Mayor's Luncheon
held on February 3, 2011.
Council Member Sniff stated there have been endless comments published in The
Desert Sun from the Palm Springs Desert Resort Communities Convention &
Visitors Authority regarding the proposed detention center in Whitewater.
All other reports were noted and filed
DEPARTMENT REPORTS
City Attorney Jenson announced she will be on vacation on March 1, 2011 and
Assistant City Attorney Michael Houston will be attending the City Council meeting
on her behalf.
3 -B. APPOINTMENT OF REPRESENTATIVE TO PALM SPRINGS INTERNATIONAL
AIRPORT COMMISSION.
City Clerk Montecino presented the staff report.
Council Member Henderson requested Nancy Doria be recognized for her
service as the City representative on the Commission. City Manager
City Council Minutes 11 February 15, 2011
Genovese stated staff will request her to attend a future meeting to make a
report and receive recognition from the City Council.
After a brief discussion, the City Council concurred to include the
appointment with the annual City Boards, Committees and Commissions
recruitment.
MAYOR AND COUNCIL MEMBERS' ITEMS
Council Member Henderson asked how many cat traps does the City have available
for citizen use, as she has been contacted by a citizen who has been waiting for
four months to receive one. Building & Safety Director Hartung stated he does not
know the exact amount and requested the contact information be forwarded to him
for a response from staff.
Council Member Sniff suggested the employees who choose to participate in the
retirement program be recognized for their service at a future meeting. Council
Member Henderson suggested this be referred to the City Manager for a report
back to the Council. The City Council concurred.
Council recessed to the Redevelopment Agency meeting.
Council reconvened and recessed to and until 7:00 P.M.
7.00 P_M_
PUBLIC COMMENT - None
PRESENTATIONS - None
PUBLIC HEARINGS - None
City Council Minutes 12 February 15, 2011
ADJOURNMENT
There being no further business, it was moved by Council Members
Franklin /Henderson to adjourn. Motion carried unanimously.
Respectf (y submitted,
VERONICA J. NTECINO, City Clerk
City of La Quinta, California