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1997 03 04 CC Minutes. LA QUINTA CITY COUNCIL MINUTES MARCH 4, 1997 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 PM by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None PUBLIC COMMENT WALLY REYNOLDS, 79-860 Fiesta Drive, addressed the Council on the matter of the new Home Depot currently being constructed on Highway 111 and Jefferson Street. He and some of his neighbors were distressed about the size of the building and the fact that it blocks their view of the mountains. He hoped that the landscaping will help mitigate some of the problem. He also hoped that the Westward Ho area would move to the top of the City's priority list when funding issues are discussed, as they are still in need of improvements to streets and sewers. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that Consent Item No.3 be removed from the agenda, as the request has been withdrawn. APPROVAL OF MINUTES Council Member Henderson referred to Page 12 of the February 1 8th minutes in reference to her comment about the increase in transient occupancy tax, stating that it should read *$50,000" instead of 50%". MOTION It was moved by Council Members Sniff/Adolph that the Council Minutes of February 1 8, 1 997 be approved as corrected. Motion carried unanimously. PRESENTATIONS Mayor Holt presented a proclamation to Norris Bernard on behalf of the American Red Cross proclaiming March as Red Cross Membership Month." BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 2 March 4, 1 997 Mayor Holt and the City Council presented Art Achievement Awards to the students of Truman Elementary School for their artwork that has been on display at City Hall. Council Member Sniff presented the Mayor with a plaque which he accepted on her behalf during the Riverside County Fair and National Date Festival on La Quinta Day" at the fair. WRITTEN CORRESPONDENCE 1. LETTER FROM JEREMIAH BERRY REQUESTING FINANCIAL ASSISTANCE FOR A SCHOOL TRIP. Noted and filed. 2. LETTER FROM CITY OF LOMITA REQUESTING SUPPORT IN FLYING THE NATIONALLY RECOGNIZED POWIMIA FLAG AT TALL FACILITIES OWNEO BY THE CITY. Council referred the request to the City Manager and City Attorney for comments. 3. LETTER FROM BOB & GARY'S FIELD FRESH BERRIES REGARDING ZONING ORDINANCE AMENDMENT 96-054. Council referred the request to the City Attorney for review and comments and report back. BUSINESS SESSION 1. CONSIDERATION OF A SMALL BUSINESS DEVELOPMENT PROGRAM. Mr. Weiss, Assistant City Manager, presented staff report advising that subsequent to previous study sessions, staff was asked to work with local lending institutions to develop a localized Small Business Development Program. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 . City Council Minutes 3 March 4, 1 997 To that end, the City's consultants, Rosenow, Spevacek Group and City staff contacted local lending institutions to discuss available programs and ways in which the City could participate in, or enhance those programs. He referred to the staff report which included a comprehensive listing of business assistance programs, prepared by RSG. He reviewed the following two programs which were specifically identified that could be enhanced with City participation: 1. Small Business Administration SBA) Guaranteed Loan Program in which the SBA authorizes certain lenders to provide these loans, guaranteed by the SBA up to 75-80%, provided the applicant and project meet certain criteria. 2. California Capital Access Program CaICAP) in which a loan insurance program is available for a fee to applicants that may not otherwise be able to get a loan. Pursuant to discussions with the lending institutions, the City could choose to assist local applicants by either providing an additional guarantee for the SBA loan program or by agreeing to pay the premium fee for CaICAP applicants. The SBA guarantee could require a significant capital investment by the City. For example, a $100,000 loan may require the City to guarantee up to $25,000 the difference between the loan and the 75% SBA guarantee). This investment would be at risk, but not expended unless the applicant defaults. Under CaICAP, the $100,000 loan could be obtained upon payment of a $2,000 premium fee non-refundable). Mr. Weiss advised that staff's recommendation is that Council authorize staff to work with local banks and: * Establish a fund of $10,000 for payment of the applicants' premium fees for the CaICAP Program from General Fund Reserves, sufficient to fund up to $500,000 in business loans); * Fund an additional $10,000 for business development informational materials from Redevelopment Project No.2 Capital Funds); * Authorize the City Manager to designate a Business Improvement * Program ombudsman; and Further evaluate program activities for consideration during the FY 97-98 budget cycle. Council Member Sniff was supportive of the program, as he felt that it would demonstrate strong support for the business community. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 4 March 4, 1 997 In response to Council Member Adolph, Mr. Weiss advised a dollar figure has not been calculated for staff time, but that he and RSG would work together in preparing the promotional materials. He felt that staff time would calculate to less than $10,000. Council Member Adolph expressed concern about the possibility of being counterproductive in not working with the Chamber of Commerce. Mr. Genovese, City Manager, advised that this program was developed at the direction of the City Council. Council Member Sniff advised that when this program was originally suggested, it had several parts--one of which involved the Chamber acting basically, as the City's agent in this endeavor In that they would have access to this package of informational material which they could take to prospective members and businesses. He didn't see this program being counterproductive with the Chamber, but rather it presents an opportunity for the City to work more closely with the Chamber. Mr. Weiss advised that there has been some interaction with the Chamber in developing this program. Staff has had meetings with Ms. Dallas in an effort to identify those elements that would be most beneficial to the business community and she felt that the transitional loan would be most beneficial. He added that there is an on-going joint effort between the City and the Chamber in bringing new businesses to the community. Council Member Henderson understood that the direction for a program such as this came about by the fact that we are now a Charter City and so there are now new avenues to explore that weren't there before. The dollar figure here is above what the Council considered before and would be in concert with what the Chamber is doing. She pointed out that the program mentions many times that there would be a task force" to work with the Chamber. She felt that staff has done an excellent job and felt that the scope of the SBA loans are probably pretty secure. Development of the marketing brochures and the resource directory would be a one-time effort and would be the genesis for any further development of the program. What she saw is missing is some kind of program to assist existing businesses in the community, in referring to the businesses in Plaza La Quinta, which have been impacted by the road construction and asked if any thought has been given to how that could be incorporated into the program. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 . City Council Minutes 5 March 4, 1 997 Mr. Weiss advised that there is nothing to preclude businesses like that from applying, and the materials that will be developed will assist them in making that decision. He pointed out that this is a loan program which would re-payment. Council Member Perkins felt that it's an excellent program and is badly needed to help small businesses. He, too, wished to see it extended to existing businesses. He expressed disappointment that the Chamber of Commerce didn't identify this need and come to the City to ask if there is anything that could be done to assist the business community. He further stated that he wasn't cognizant of what the Chamber is doing to help the business community. He understood that there are business owners who are reluctant to go to the Chamber for help. He fully supported the program before the Council. Council Member Sniff felt that this program will give the Chamber a broader menu which they can take to prospective businesses and he saw it as an effort to work with the Chamber. He suggested directing staff to develop a process for business retention when businesses are impacted by prolonged road work or a natural disaster and to work with the Chamber in marketing this program. Ms. Dallas, Executive Director of the Chamber of Commerce, addressed the Council stating that this is the first time she has seen the proposed document, but it appears that it could be beneficial to the business community. She stated that the Chamber has indicated their interest in the business retention aspect to the City in many meetings with City staff. She felt that the Chamber has been very effective in working with the businesses in Plaza La Quinta during this construction process. They have been instrumental in getting signs erected and have distributed flyers weekly to the businesses to update them on the construction. She noted that they have hosted five workshops to allow exchange between the City, the contractor, and the businesses She also felt that they have done a great deal toward business retention and economic development and commented on The Village sign program, stating that it was the result of 2 1/2 years of work, but the Chamber cannot absorb the costs and to date, the merchants have not been willing to contribute financially, noting that some of the businesses that were originally supportive of the idea have either closed or moved their businesses. She said that she has wanted for sometime, for a City representative and a Chamber representative to visit the businesses on a regular basis in a further effort at business retention. She also pointed out the survey that was developed, mailed and results compiled by the Chamber. Economic Development only makes up $5,000 of their contract and BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 6 March 4, 1 997 perhaps there needs to be a bigger focus on that next year. She felt that their move to Plaza La Quinta was a beneficial one stating that there are currently two businesses looking to locate in La Quinta and both originated by walking into the Chamber office. MOTION It was moved by Council Members SniffiHenderson to authorize staff to work with local banks and to: 1) establish a fund consisting of $10,000 for payment of the applicants' premium fees for the CaICAP Program from General Fund Reserves, sufficient to fund up to $500,000 in business loans); 2) fund an additional $10,000 for business development informational materials from Redevelopment Project No.2 Capital Funds); 3) authorize the City Manager to designate a Business Improvement Program ombudsman; 4) further evaluate program activities for consideration during the FY 97-98 budget cycle; 5) direct staff to develop a process for business retention when businesses are impacted by prolonged road work or a natural disaster; and 6) direct staff to work with the Chamber in the marketing of this program. Motion carried unanimously. MINUTE ORDER NO.97-36. 2. CONSIDERATION OF AN ORDINANCE DELETING CHAPTER 2.80 AND CHAPTER 2.90 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE ESTABLISHING THE PARKS & RECREATION COMMISSION AND THE HUMAN SERVICES COMMISSION AND ADDING A NEW CHAPTER 2.80 ESTABLISHING A PARKS, RECREATION AND HUMAN SERVICES COMMISSION. Mr. Weiss, Assistant City Manager,. presented staff report advising that on January 28, 1 997, the Council considered options relative to the operations and structure of existing Boards and Commissions and directed staff to draft an ordinance combining functions of the Human Services Commission and the Parks & Recreation Commission. Council has been presented with such a draft ordinance combining the two commissions into a single new commission entitled Parks, Recreation and Human Services which would be comprised of seven members serving staggered terms. As drafted, the ordinance would have an effective date of July 1, 1 997, allowing for an orderly transition and the recruitment process. Council Member Perkins commented that Barbara Irwin's member of the Human Services Commission) mother-in-law passed away and so she is out of the State and hoped that her letter included in the Council packet) would suffice to express her sentiments about this issue. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 7 March 4, 1 997 Robert Tyler, 44-215 Villeta Dr., stated that as a former member of the Human Services Commission and a frequent visitor to the Parks & Recreation Commission, he felt that the goals, work plans and mission statements of the two bodies are not similar enough to consider merging the two. He urged Council to reconsider. Kay Wolff, 77-227*Calle Ensenada, member of the Human Services Comm!ssion stated that the only reasons she can think of to consider such a merger would include: 1) intent to limit public participation; 2) mission may no longer seem viable; 3) duplication of effort; and 4) costs. She felt that public participation is critical and believed that this mission continues to be viable and did not believe that there is any duplication of effort with the Parks & Recreation Commission. Regarding costs, she stated that the Commissioners are willing to forgo their monthly stipend if that is the issue and they have indicated a willingness to record their own minutes in order to relieve some of the burden on City staff. She urged the Council to keep the Commissions separate as their missions and goals are completely different. May9r Holt clarified that the $10,000 figure referred to in the staff report associated with these two commissions include staff time. She added that she agrees with the comments made by the two speakers---she is profoundly opposed to combining the commissions. She felt that combining the Kidsline Board and the Youth Committee was appropriate and was enough. Council Member Sniff stated that he has never supported the combining these two commissions---he felt that the two commissions deal with totally different issues. He could see no substantial rationale for such action. Council Member Henderson stated that she has spent a great deal of time reviewing these commissions. She wholeheartedly supports community involvement and would do nothing to discourage that. She referred to the enacting ordinance for the Human Services Commission in which one of the purposes is to identify community needs for senior, youth & child care services and to plan the coordinated delivery of such services; and the enacting ordinance for the Parks and Recreation Commission references a function to identify the needs for recreation and social services, which she felt would be the need for senior, youth & child care. And so, she felt that there is some overlapping of responsibilities. She felt that all of the commissions could be better utilized, noting that she always felt that funding requests should be processed through the appropriate commissions and she felt that they should be included in the upcoming joint meeting with the School District. She BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 8 March 4, 1 997 continues to listen to the frustrations of the commissioners regarding Council involvement, community involvement, school involvement and how to communicate with the school district. She felt that the City is making some headway with the issue of communication. She fully believed that the City's goals can be accomplished by combining commissions, however, that issue has been brought before the Council and the only combination the Council has been willing to consider is Parks & Recreation and Human Services. By combining the two, they will be given a broader picture to look at and giving them more resources to accomplish their goals. There is a need to carefully review the ordinance submitted because there are significant issues facing the Council such as Proposition 218. She wholeheartedly supported the recommendation, but had some questions regarding some of the language in the proposed ordinance. Council Member Adolph stated that he originally supported combining these two commissions because he felt that of all of them, these two were the most compatible and there was no one speaking against it. However, since that time, he has received input from several people and he does not see where combining these two commissions would serve any purpose. He stated that he relies on the commissions input because, oftentimes, they look into issues more deeply when making their recommendations. He had no problem keeping the two commissions intact. Council Member Perkins referred to some of the comments made and didn't feel that the Council has ever considered the costs involved--that it just wasn't a significant factor. He stated that there have been discussions regarding the amount of staff time involved in staffing the commissions. His whole rationale was that there is a need to streamline government. He felt that the commissions have done good work, but sees some overlapping and felt that some streamlining would result in more effective commissions and more effective city government. He felt that there continues to be a lack of communication between the commissions and the City Council. He wished to see more direct communication between the commissions and Council. They serve in an advisory capacity to the City Council and should be able to make their recommendations directly to the Council. He also expressed disappointment that he has to wait so long to receive their minutes. He felt that we have made major steps in developing communication with the community. He believed that the two commissions under discussion are duplicating efforts in some ways and saw no reason why one commission can't handle both goals and objectives. He recognized that people generally don't like change, but change is necessary. This is the fastest growing city in the valley and we cannot continue doing things in the same way. He supported combining the two because he feels that it's in the best interest of the City. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 . City Council Minutes 9 March 4, 1997 Mayor Holt stated that the last time this issue was discussed, she made her position clear---that she's opposed to combining commissions. She felt that staff responded some time ago regarding the issue of minutes, in that Council is now receiving draft minutes in a timely manner. She suggested that Council use the special study sessions to hold joint meetings with the commissions in order to have more one-on-one discussions with them to enhance the interaction. Council Member Sniff supported the idea of having joint meetings with the commissions possibly every other month. He added that if they haven't been productive over the past several months, it's probably because they've been in limbo and haven't had a full complement of members. Council Member Henderson made it clear that in no way does she feel that they have not been productive. In fact, she felt that they have been very productive, even without seven members. Discussion concluded with no action being taken 3. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL MEMBER TO THE PALM SPRINGS DESERT RESORTS AIRLINE SERVICE COMMITTEE. MOTION It was moved by Council Member SnifflMayor HQIt to appoint Council Member Henderson to the Palm Springs Desert Resorts Airline Service Committee. Council Member Adolph expressed concern about the need to have Council assignments more equally distributed and Council Member Perkins stated that he was not interested in taking on any additional assignments. Motion carried unanimously. MINUTE ORDER NO.97-37. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 10 March 4, 1 997 4. SECOND READING OF ORDINANCES. ORDINANCE NO.297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.12 RELATING TO PURCHASES, DELETING SECTION 3.12.070 REQUISITIONS) AND AMENDING SECTION 3.12.080 PURCHASE ORDERS). It was moved by Council Members Sniff/Henderson that Ordinance No.297 be adopted on second reading. Motion carried on the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ESTABLISHING A NEW SECTION 3.30 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE WHICH SETS FORTH THAT CITY PUBLIC WORKS PROJECTS SHALL NOT REQUIRE PREVAILING WAGE PAYMENTS. It was moved by Council Members Sniff/Henderson that Ordinance No.298 be adopted on second reading. Motion carried on the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO.299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING AND ADDING TO THE LA QUINTA CHARTER AND MUNICIPAL CODE, TITLE 9. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 11 March 4, 1997 Council Member Perkins commented that one of the page numbers referenced on Page 30-1 indicates Page 60-13 and should be 60-14. It was moved by Council Members Sniff/Adolph that Ordinance No.299 be adopted on second reading. Motion carried on the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MARCH 4, 1997. 2. APPROVAL OF CONVEYANCE OF CERTAIN REDEVELOPMENT AGENCY PROPERTIES TO THE CITY FOR NECESSARY RIGHT OF WAY TO CONSTRUCT ADAMS STREET AND AVENUE 48 IMPROVEMENTS. 3. REMOVED FROM THE AGENDA. 4. APPROVAL QF CONTRACT CHANGE ORDER NO.15 FOR PROJECT 96-07, HIGHWAY 111 AND WASHINGTON STREET WIDENING, FOR THE ACCELERATION OF THE MEDIAN CONSTRUCTION SOUTH OF HIGHWAY 111. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.97-38. STUDY SESSION None BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 12 March 4, 1997 REPORTS & INFORMATIONAL ITEMS Mayor Holt advised that the Coachella Valley Children and Youth Commission is planning to change their name to Coachella Valley For Youth and Children Commission. They are currently working with the schools on a needs assessment. Council Member Perkins was pleased about the expanded recycling program. Council Member Adolph advised that the SunLine Board chose not to take an action reg**%.ng the Eagle Mt. Landfill. DEPARTMENT REPORTS Council Member Adolph asked about the automated trash collection service and Mr. Herman advised that every residence will receive two 96-gallon containers one for green waste) and the collection rate is based on both. If someone doesn't want both containers, he was sure that Waste Management would pick up one, but the rate wouldn't be lowered. He added that if one is st6len, there is a provision for two replacements without charge. Mayor. Holt complimented staff, especially Mrs. Sawyer on their work on the art program. Council Member Sniff referred to the Special Meeting of March 25th and asked if the CIP could be agendized first and Council concurred. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 . City Council Minutes 13 March 4,1997 Council then discussed the City Clerk's report on Proposition 208 and concurred on agendizing an ordinance establishing expenditure limitations on the next agenda for consideration. MAYOR AND COUNCIL MEMBER ITEMS Mayor Holt commented on the Special Olympics at COD she attended which was a very heartwarming and wonderful event. Mayor Holt also commented on the Prayer Breakfast for elected officials she attended and hoped that it would have a bigger turn-out from this Council next year. Council Member Adolph referred to the Council's summer calendar and Ms. Honeywell advised that the Council is required to have one meeting each month which is the reason why they always meet the first meeting in August. Council recessed tQ Redevelopment Agency. CLOSED SESSION MOTION It was moved by Council Members SniffiHenderson to add a potential litigation item pursuant to Government Code Section 54956.9(c) to the Closed Session agenda. Motion darned unanimously. MINUTE ORDER NO.97-39. Mayor Holt abstained from participating in Item No.1 as she has done consistently. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation Stamko Development Co., Case No. INC 000492. BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02 .City Council Minutes 14 March 4, 1997 2. Conference with legal counsel pursuant to Section 54956.9(a) regarding ongoing litigation Granite Construction, Case No.. 086195. 3. Evaluation of Council-Appointed position City Clerk, pursuant to Government Code Section 54957.6. 4. Conference with legal counsel pursuant to Government Code Section 54957 regarding personnel matters and possible reduction in work force. 5. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding ongoing litigation Wymer, Case No. CV-0100 RJK and Nicholson, EEOC, Charge #345970207. 6. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding potenual initiation of litigation One case). Council reconvened and the City Attorney announced that the Council approved execution of a stand-still settlement) agreement with EZ Okie and Roger Snellenberger providing for payment of $5,000 for disputed reimbursement on subdivision improvements for Tract No.23913 and City to pursue enforcement of bonds on bonding company ICW. There being no further business, the Council meeting adjourned. Respectfully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 06-19-1997-U01 10:02:06AM-U01 ADMIN-U01 CCMIN-U02 03-U02 04-U02 1997-U02