2011 12 06 RDARedevelopment Agency agendas and staff reports
are available on the City's web page:
www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La.Quinta, California 92253
Regular Meeting
TUESDAY, DECEMBER 6, 2011
3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION
Beginning Resolution No. RA 2011-034
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Evans, Franklin, Chairperson Henderson
PUBLIC COMMENT
At this time members of the public may address the Redevelopment Agency on any matter
not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
CLOSED SESSION
PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957(b), TITLE: INTERIM EXECUTIVE DIRECTOR
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF NOVEMBER 15, 2011
.,. 001
REDEVELOPMENT AGENCY AGENDA 1 DECEMBER 6, 2011
2. APPROVAL OF JOINT CITY COUNCIL / REDEVELOPMENT AGENCY
MEETING MINUTES OF NOVEMBER 21, 2011
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 6, 2011
2. APPOINTMENT OF INTERIM EXECUTIVE DIRECTOR AND APPROVAL OF
CONTRACT WITH THE INTERIM EXECUTIVE DIRECTOR
BUSINESS SESSION - NONE
STUDY SESSION
1. DISCUSSION OF WASHINGTON STREET APARTMENTS' SOUND WALL
DESIGN
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
ADJOURNMENT
The next regular meeting of the Redevelopment Agency will be held on December
20, 2011 commencing with closed session at 3:00 p.m. and open session at 4:00
p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta Redevelopment Agency meeting of
December 6, 2011, was posted on the outside entry to the Council Chamber at 78-
495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and
78-630 Highway 1 1 1, on December 2, 2011.
DATE Decemb 2, 2011
ERONICA J. NTECINO, City Clerk
City of La Quinta, California
M
002
REDEVELOPMENT AGENCY AGENDA 2 DECEMBER 6, 2011
Public Notice
Any writings or documents provided to a majority of the Redevelopment Agency regarding
any item on this agenda will be made available for public inspection at the City Clerk
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during
normal business hours.
^'t 3
REDEVELOPMENT AGENCY AGENDA 3 DECEMBER 6, 2011
RDA MEETING DATE: December 6, 2011
ITEM TITLE: Approval of Demand Register Dated
December 6, 2011
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated
December 6, 2011 of which $3,851.78
represents Redevelopment Agency Expenditures.
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
... is ^ 004
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Appointment of Interim Executive
Director and Approval of Contract with the Interim
Executive Director
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the execution of a contract with the Interim City Manager selected by the
City Council to serve as the Interim Executive Director of the Agency, subject to
the final changes approved by the Agency Counsel and agreed to by the candidate,
and authorize the Chairperson to sign the contract.
If the selected candidate is a PERS retiree, the Agency Board is further asked to
make the following finding pursuant to Government Code Section 212211h►:
The hiring of the candidate is necessary for a limited duration to fill a vacant
position during the recruitment for a permanent appointment and is deemed
appropriate because the position requires specialized skills held by the
candidate.
FISCAL IMPLICATIONS:
The compensation paid to the Interim Executive Director is not anticipated to
exceed the payments that would otherwise have been paid to Tom Genovese. The
Agency was budgeted to pay 30% of the Executive Director's salary. Since the
Agency will no longer be paying Mr. Genovese's salary, the payments to be
provided to the Interim Executive Director will not require any modification to the
budget at this time.
" 005
BACKGROUND AND OVERVIEW:
The Council will soon engage in the process of filling the position of City Manager
due to the vacancy created by the sudden passing of Tom Genovese. It is
anticipated that it will take approximately three to six months to fill the position.
During this period, it is necessary to fill this position on an interim basis. The
Interim Executive Director will provide direction and continuity of Agency
operations until a new City Manager/Executive Director is appointed. Pursuant to
the Redevelopment Agency's Bylaws, the Interim City Manager will also serve as
the Interim Executive Director of the Agency.
In the closed session scheduled for this Agency Board meeting, the Agency Board
will have an opportunity to discuss various candidates to serve in this interim time
period. Any candidate who is currently a PERS retiree is subject to certain
limitations imposed by the Government Code. Specifically, a PERS retiree must
restrict his or her work for an agency that participates in the PERS system so that
he or she does not work more than 960 hours in a fiscal year. Given the short
term nature of this contract, this should not be a concern.
The Human Resources/General Services Manager and the Agency Counsel have
prepared a draft of an agreement that could be used for an Interim City
Manager/Executive Director. The final details of the contract would need to be
completed and approved by the Agency Counsel prior to its execution. The draft
agreement is provided as Attachment 1 .
FINDINGS AND ALTERNATIVES:
1. Approve the execution of a contract with the Interim City Manager selected
by the City Council to serve as the Interim Executive Director of the Agency,
subject to the final changes approved by the Agency Counsel and agreed to
by the candidate, and authorize the Chairperson to sign the contract.
If the selected candidate is a PERS retiree, the City Council is further asked
to make the following finding pursuant to Government Code Section
21221(h):
The hiring ,of the candidate is necessary for a limited duration to fill a
vacant position during the recruitment for a permanent appointment
and is deemed appropriate because the position requires specialized
skills held by the candidate.
2. Direct the Acting Executive Director to set up a formal interview process for
candidates interested in serving as Interim City Manager/Interim Executive
Director and schedule the interviews for a future Agency Board meeting; or
nos
3. Provide alternative direction to staff.
Respectfully submitted,
�n�� Oi K,�2.0/lrr►��i
Terry L eeringer
Human Resources/General Services Manager
Approved for submission by:
k
ohn Falconer, Acting Executive Director
Attachment: 1. Draft form of Contract for Interim City Manager/Interim
Executive Director
ATTACHMENT 1
EMPLOYMENT AGREEMENT
INTERIM CITY MANAGER/INTERIM EXECUTIVE DIRECTOR
THIS EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of
the 7th day of December, 2011, between the City of La Quinta (the "City"), the
La Quinta Redevelopment Agency (the "Agency') and (the
"Interim City Manager" or the "Employee"). The above -named parties hereby
mutually agree and promise as follows:
1. TERM.
The City and Agency hereby employ the ' Employee as Interim City
Manager/Interim Executive Director beginning December 7, 2011, and until such
time as a regular City Manager is hired and,begins employment or until terminated
in accordance with Section XI of this Agreement (the 'TerrW'.',.
II. SALARY.
Employee's salary shall be .set as follows: , ["To be inserted.]', which sum
shall be paid pursuant to the procedures regularly,established, and as they may be
amended by the City in its sole discretion. `The salary shall be prorated in the event
this Agreement expires or is terminated prior.to the end of a given month.
Ill. DUTIES.
Employee shall perform the duties of the City Manager, on an interim basis,
as prescribed by Chapter 2..0$'of the City of La Quinta Municipal Code and Section
2.04 of the Agency Bylaws. In addition to the powers and duties set forth in the
Municipal Code, the Interim City Managershall have such powers and duties which
are delegated to him by the City Council. The Interim City Manager shall execute
all powers :and duties in accordance'; with the policies adopted by the City Council
and the State of Calif ornia'Government Code.
IV. INTERIM CITY MANAGER AND COUNCIL RESPONSIBILITIES.
The Interim City Manager shall be the Chief Executive Officer of the City and
of the Agency. As such, the Interim City Manager shall have the responsibility for
implementing City Council and Agency Board policy, whereas the City Council and
the Agency Board shall retain the responsibility for formulating and adopting said
policy.
V. OTHER DUTIES.
The
Interim
City
Manager (or
his designee) shall: (1) review all
policies
proposed
to the
City
Council and
make appropriate recommendations
to the
Council; (2) periodically evaluate employees as provided for by California law and
City policy; (3) advise the Council of possible sources of funds that might be
available to implement present or contemplated City programs or services; (4)
maintain his professional competence; (5) establish and maintain appropriate
community relations; (6) serve as liaison between the Council and as its designated
representative with respect to all employer -employee matters, and make
recommendations to the Council concerning those matters; and (7) assist and
cooperate with City Council in its efforts to hire a regular City Manager.
Notwithstanding that a designee of the Interim City, Manager may perform said
duties, the Interim City Manager shall be the person ultimately responsible to the
Council for the proper implementation of the dutiesarnd responsibilities described in
this Agreement.
VI. HOURS OF WORK.
A. It is understood that Employee will serve on an "as needed" basis,
with a goal of working an average of 32 hours per; week during the Term of this
Agreement. Employee may work flexible hours at his discretion and judgment in
order to meet the needs of his position and the City.-
B. Employee shall record The number of hours he works and provide that
number to the City on a biweekly basis. Under no circumstances shall Employee
work more than 960 hours in a fiscal year. As -set forth in Section XI below, this
Agreement shall automatically expire.upon the completion by Employee of 960
hours of work in a :fiscal year.
VII. OUTSIDE PROFESSIONAL ACTIVITIES.,_
The'Employee, withr,prior approval of the City Council, may undertake
outside professional activities for compensation, including consulting, teaching,
training, speaking and writing, provided they do not interfere with Employee's
normal duties and are done only during non -business hours of Employee and are not
done with any existing vendors or contractors of the City and/or Agency. Under no
circumstances shall such outside activities create a conflict of interest with the
duties of the Interim 'City' Manager/Interim Executive Director and the interests of
the City and/or Agency.
VIII. EVALUATION.
City Council may evaluate the performance of Employee from time to time as
it deems appropriate.
4 n,f)9
IX. EMPLOYMENT OF REGULAR CITY MANAGER.
Nothing in this Agreement or in his/her performance of duties as Interim City
Manager shall entitle him/her to special consideration for employment as the regular
City Manager.
X. TERMINATION.
The Interim City Manager shall serve at the will and pleasure of the City
Council and may be removed from office (terminated) at any time for any reason or
no reason, upon a majority vote of the City Councii. ,,Nothing in this Agreement
shall prevent the City Council from terminating this Agreement and the services of
the Employee at the City Council's sole discretion. Employee may resign from
office by providing the City Clerk and City Attorney 21-days written notice. This
Agreement will automatically terminate upon the completion, of the following two
events: (1) the City's regular City Manager "has been hired and has started work;
and (2) the Interim City Manager has provided any transitional assistance requested
by the regular City Manager.
In addition, this Agreement shall also expire"upon completion by Employee of
960 hours of work in a fiscal year.
XI. REIMBURSEMENT OF EXPENSES.
A. Automobile.
Employee shall use his own personal "vehicle for City business. City shall
reimburse Employee at "the most current IRS rate for mileage incurred by the use of
his personal`"vehicle in the" course of his performance of duties as Interim City
Manager:: Mileage commuting,to.and from work shall not be reimbursed.
B. Other Expenses.
City shall ,reimburse Employee for all expenses he incurs in the course of his
performance of duties as Interim City Manager. Such expenses include, but are not
limited to, travel, lodging, ,transportation, meals, business materials and service
costs, provided that such expenses are business related. Expenses in excess of
$2000.00 shall require City Council approval.
XII. FRINGE BENEFITS.
The Interim City Manager shall be entitled to no benefits and compensation
other than as set forth above.
•+^ 010
XIII. GENERAL PROVISIONS.
A. This Agreement supersedes any and all other agreements, either oral
or written, between the parties hereto with respect to the employment of the
Employee by the City and Agency and contains all of the. covenants and
agreements between the parties with respect to the employment of the Employee
by the City and Agency.
B. Each party agrees and acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein and
that any agreement, statement, or promise not contained in this Agreement shall
not be valid or binding on either party.
C. Any modifications of this Agreement will be,effective only if made in
writing and signed by the Employee, the City and the Agency.
D. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining .provision shall
nevertheless continue in full force and effect without being impaired or invalidated
in any way.
[Signatures Appear on Following Pagel
IN WITNESS WHEREOF, the parties have executed this Agreement on the
th day of , 201 1.
By:
Name:
Interim City Manager/Interim Executive
Director
CITY OF LA"QUINTA
By:
DonaldAdolph
Mayor
ATTEST:
Veronica Montecino
IVI. I1dU1U[ 111U'0V' mvn
City Attorney
LA QUINTA REDEVELOPMENT AGENCY
By:
Terry Henderson
Chair
ATTEST:
Veronica Montecino
City Clerk
012
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
M. Katherine Jenson
Agency Counsel
•.a ^�' 01.3
a •�
�cFM OF TKF'�W
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE- Discussion of Washington Street
Apartments Sound Wall Design
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: _
STUDY SESSION:
PUBLIC HEARING:
Review the proposed design of the Washington Street Apartment Sound Wall.
FISCAL IMPLICATIONS:
10r*MW
Funding for the Washington Street Apartment Rehabilitation Project was included in
the Fiscal Year 2009-2010 Capital Improvement Program, Project Number 200911.
BACKGROUND AND OVERVIEW:
On October 18, 2011, the Redevelopment Agency and Housing Authority Boards
reviewed the site plan, architectural drawings, floor plans, and schedule for the
Washington Street Apartments ("WSA") Rehabilitation Project.
The first phase of this project will be improvements to the existing sound wall along
Washington Street, which includes undergrounding of the overhead utilities along the
property, removal of the existing oleanders, increasing the height of the existing wall,
and the addition of sidewalk and landscaping along Washington Street. Today, staff
will review the sound wall design concept with the Agency and Authority Boards.
The existing concrete masonry wall was erected in the early 1980's, and as a result of
the grade difference, it was constructed in a manner that provided a six (6) foot high
wall on the interior side and two (2) feet on the exterior side of the wall along
Washington Street. Sound studies have shown the current height to be inadequate to
attenuate the sound from Washington Street.
•.4. `014
On the Washington Street side, the new wall will be a total of six feet high from the
adjacent grade. The material will match the color and texture of the neighboring wall
to the south at Mediterra Apartments. To provide additional structural support,
enhance visual interest and to break up the visual monotony of the 610-foot long wall,
the new design includes vertical concrete pilasters and perforated metal fins along the
wall. The pilasters and fins will be of a contrasting color and will extend slightly above
the top of the wall. There will be shaded seating areas along the wall that will include
an eighteen 08) inch high concrete seat wall and a steel awning for shading.
In an effort to maximize functional planting areas, the sidewalk parallel to Washington
Street will be generally straight but will meander from the curb to the wall where
seating has been shown. The plant palette on the street -side of the sound wall will be
consistent with the plants on the interior of the project. In general, the plant materials
will be similar to the adjacent Mediterra landscaping and typical La Quinta desert plant
palette. A rendering of the Washington Street side of the wall is included as
Attachment 1.
Inside the apartment complex, the wall is currently six (6) feet tall. The additional
height of the new wall adds another four (4) feet, making the wall a total of ten (10)
feet tall. In order to break up this expanse, the residential side of the wall will feature
community gardens and planting beds. Approximately eighteen (18) garden beds are
proposed along the wall with eight (8) feet in between. Behind each of garden bed, a
3'6" high planting bed with vertical and horizontal landscaping will further break up the
magnitude of the wall. Shade structures will be attached to the wall to provide some
relief from the sun to the sitting areas and simultaneously allow sun access to the
garden beds. (An interior view rendering is included as Attachment 2.)
It should be noted that public art may be incorporated on, or near the wall due to the
location at the City's northernmost border. However, due to the accelerated
entitlement schedule, there is not sufficient time to solicit and engage an artist.
Therefore, public art concepts will be presented to the Agency and Authority Boards at
a later time. Another ancillary benefit of this project is that the overhead utility lines
will be undergrounded.
Staff will provide more information about the wall during the Agency Board and
Housing Authority Board study session.
Respectfully submitted,
Debbie Powell
Economic Development/Housing Manager
,s 015
Approved for submission by:
John Falconer, Acting Executive Director
Attachments: 1. Architectural Rendering of the Wall
2. Architectural Rendering of the Community Garden Wall
'.�:1 0 16
ATTACHMENT
fill017
B2r�
4d�»
iGRM7
I
m
ATTACHMENT 2
E
O
N
0
c c
m
r ov
o
sae
9 d O h
V C
0
O
� 9
w� c a
'_• � c c
a c
Z o
O
N in
- i m v
Q E o m o
NO d o
~ v c
K
—'• —i
o_ c—
W a
d
�1d O.N
�✓O'OH
�ddi
V•�d
VI 01 � O
(JU d OL
1;1C7 M O
06 'i
V •
C� z
C.O.2 6 e
0
�J
E
E
O
U
" 019