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1995 01 09 PRC . . ~af/P;Q~ PARKS AND RECREATION COMMISSION AGENDA La Quinta Civic Center Study Session Room 78-495 Calle Tampico La Quinta, CA 92253 January 9, 1995 7:00 P.M. I. . CALL TO ORDER A. Roll Call II. PLEDGE OF ALLEGIANCE III. CONFIRMATION OF AGENDA Corrections, additions, deletions or reorganization of the agenda IV. APPROVAL OF MINUTES Approval of minutes of December 12, 1994. V. ANNOUNCEMENTS VI. PUBLIC COMMENT The Parks and Recreation Commission reserves the right to limit discussion on any topic to five minutes or less. VII. CORRESPONDENCE AND WRITTEN MATERIALS. A. Letter to Laurie Reynolds-McRae B. Copy of Council Minutes of December 6 and 20, 1994 VIII. STAFF REPORTS prcagn A. Pool Survey Results B. Park Development Update C. Recreation Program Update 1 . . IX. COMMISSION BUSINESS A. Consideration of Final Commission Work Plan B. California Parks and Recreation Conference X. COMMISSION COMMENT XII. NEXT MEETING DATE, TIME AND TOPIC February 13, 1995 7:00 PM La Quinta Civic Center Study Session Room XII. ADJOURNMENT prcagn 2 . . . PARKS AND RECREATION COMMISSION December 12, 1994 . Minutes I. CALL TO ORDER The Parks and Recreation Commission was called to order at 7:00 p.m. at the La Quinta Civic Center Study Session Room. Chairperson B.l. Seaton presided over the meeting. ROLL CALL: MEMBERS PRESENT: Commissioner Norris Bernard Vice Chairperson Lawrence Best Commissioner Stacey Mullen Commissioner Kathryn Pedersen Chairperson B.l. Seaton Commissioner Hal Summers Commissioner Michael Davis . STAFF PRESENT: Clint Bohlen, Parks and Recreation Director Vice Chair Best led the Commission in the Pledge of Allegiance. II. CONFIRMATION OF AGENDA No changes. m. APPROVAL OF MINUTES OF NOVEMBER 14, 1994 . Vice Chair Best: Page 2, second paragraph from the bottom, the correct spelling is "Dimmet".. . . Commissioner Pedersen: corrected the same section, and indicated that it should reflect her statement did not include the terriJ. USFSA, but rather that Ms. Dimmet was ranked higher to her knowledge than Ms. Reynolds in figure skating. . Vice Chair Best: Page three at top, the voting was not unanimous to continue the item, but rather Vice Chair Best voted no. . Commissioner Bernard: Page 9. section d., should be changed from "participate" to "attend" the Harvest Fest Hoedown. - - - . . Vice Chair Best moved that the minutes of November 14, 1994 be approved as corrected, seconded by Commissioner Mullen. Unanimous. IV. ANNOUNCEMENTS No announcements. V. PUBLIC COMMENT No public comment. VI. CORRESPONDENCE AND WRITI'EN MATERIALS No correspondence or written materials. VII. STAFF REPORTS None. VIII. COMMISSION BUSINESS A. Consideration of Request for Assistance by Colleen Reynolds Staff indicated that other Valley cities had been contacted to determine if funding individual endeavors was a practice of cities. It was determined that only Indian Wells had funded an individual in the past, and that it was no longer their practice to do so; the remainder of the cities do not fund individuals, but rather groups. Additionally, staff had been contacted by a represen~tive from the.United States Figure Skating Association (USFSA) in Palm Desert. Staff had been requested to convey that based on Colleen's lack of consistent success to date in competition in the International Skating Association (ISA) level; her lack of experience at the USFSA level; and the fact that the local chapter of the USFSA fund raises for the chapter, opposed to individual skaters, the local chapter was advocating that the funding request be denied. Staff concurs. Vice Chair Best moved that the Commission recommend that the request for funding by Colleen Reynolds be denied by the Council; seconded by Commissioner Pedersen. Unanimous. It was suggested that Ms. Reynolds' request be incorporated with a local chapter request for assistance and application for a Community Service grant during the next cycle. . - - -- . . B. Consideration of the Parks and Recreation Commission Work Plan Staff presented a draft Work Plan for the Commission's review, correction, additions, or changes. The Conimission noted several changes which needed to be made, and requested that staff proceed with the changes, and present the Plan to Council. Vice Chair Best moved that the Work Plan be submitted to the Council, reflecting the changes suggested at this evening's meeting; seconded by Commissioner Summers. Unanimous. Staff indicated that the earliest the Plan could be submitted to the Council would be lanuary 3, 1995. C. Consideration of Parks and Recreation Master Plan and La Quinta Demographics Staff distributed April, 1990 - September, 1994 housing permit information as obtained from the City of La Quinta Building and Safety Department, and population growth estimates based on the 1990 U.S. Census data. The Commission reviewed and commented on the information provided, with no action being taken. IX. COMMISSION COMMENT The Commission discussed the November Fritz Bums Park pool survey, and inquired of staff what the results were. The Commission requested that copies of the staff reports to City Council on Fritz Bums Park and pool survey information be distrinuted to the Commission at the next Commission meeting. XI. ADJOURNMENT Moved to adjourn at 8:20 p.m. by Commissioner Mullen, seconded by Commissioner Davis. Unanimous. Topics for Next Meeting: . Work Plan . CPRS Conference . Park,update with survey information . Program Update . Copy of Council minutes . Letter to Laurie Reynolds-McRae .~..1V'('." I'~ .~-:r. C "1' Z S; ~~ "J' '- ~"';'''-.''"'.'~ ~ ~... ~~' C' :)'(,- ...., OF 'n''' '- . . ...~ofJpa.~ UNCILfRDA MEETING DATE: December 20, 1994 AGENDA CATEGORY: BUSINESS SESSION: .d CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: ~M TIlLE: onsideration of Recommendation of Parks and Recreation ommission Regarding Funding Request by Colleen Reynolds ECOMMENDA TION: eny the request by Colleen Reynolds for funding assistance for a figure skating training 'ogram. SCAl IMPLICATIONS: mount of request unknown. Is. Reynolds mother (Ms. Laurie McRae) indicated at the November 14, 1994 Parks and ecreation Commission meeting that annual training costs for the program were $18,384. 'hen asked how much assistance she was r!lquesting, she stated she did not have a specific nount in mind, but was requesting as much as the City could provide. . ~CKGROUND AND OVERVIEW: n October 18, 1994, the City Council was presented a request by Ms. Laurie McRae on behalf f her daughter, Colleen Reynolds, for financial assistance to support Colleen's figure skating aining at the Lake Arrowhead Training Center. Colleen's coach is Frank Carroll, a five time Iympic figure skating coach. It has been stated that Mr. Carroll believes Colleen has Olympic otential, but Ms. McRae indicates the costs in pursuing Colleen's' goal of reaching the Olympics above what the family can afford. he Council referred the item to the Parks and Recreation Commission for review and for a lcommendation. The Commission received a presentation by Ms. McRae at the Commission's ovember 14 meeting. Following the presentation by Ms. McRae, the Commission requested lat staff survey other cities to find out if individual's requests for assistance were funded with ublic funds. Staff reported to the Commission on December 1 2 that no other cities in the alley presently fund individuals, but rather consider and occasionally fund organizations .... . lquests for funding assistance. r f . 'J\ ccll-la . . he Commission is recommending the Council not approve the request for funding for two lasons: 1. Individual requests for funding assistance are not typically funded by city governments, and there is a concern that the Council would be inundated with other requests if this precedent is set; and 2. Colleen's request should be made part of an organizational request from the Coachella Valley chapter of the United States Figure Skating Association on behalf of La Quinta skaters in addition to and including Colleen, during the next round of Community Services Grant funding . 'hen staff inquired what specifically was the amount of funding Colleen was seeking, Ms. lcRae stated "whatever you can do to help us would be appreciated - training costs are mning $18,000 a year". Ms. Reynolds-McRae has contacted the Rotary Club, the Soroptomist lub, the Boys and Girls Club of La Quinta, and the City for assistance, with the goal of all four gencies providing 25 % each of the annual costs ($4,500). he request before the Council would be funded out of the Special Projects Contingency cCQunt, 01-4110-134-000. Staff would raise the following issues: Current balance in the account is $9,000 Largest grant awarded was $4,000; least was $500 All grants were awarded to organizations (Randy Baca notation was for Pony League World Series for transportation costs for the La Quinta girls team) Although the account has been largely depleted in the first six months of the fiscal year, the Council relies on the account for meeting an entire year of requests INDINGS AND ALTERNATIVES: taff and the Commission are recommending that the Council deny the request for funding ssistance. Alternatives available to the Council are: ' . ,'Deny the request based on the Parks and Recreation Commission findings and ~commendation; or . Decide the amount of funding assistance to provide, and direct 'staff to issue a check for ,at amount from account 01-4110-134-000. EN REATION DIRECTOR ccll-la . . LA QUINT A CITY COUNCIL MINUTES December 6. 1994 Regular meeting of the La Quinta City Council on December 6. 1994 was called to order at the hour of 3:00 p.m. by Mayor Perla. followcd by the Pledge of Allegiance. PRESENT: ABSENT: Council Members Bangerter. Perkins. Sniff. Mayor Perla Council Member McCartney MOTION - It was moved by Council Members Perkins/Bangerter to excuse Council Member McCartney. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Genovese. City Manager. requested that Business Item No. 4 be continued until the December 20 meeting to allow staff time to review submitted information and the applicant time. to provide further required. updated information. Mr. Genovese advised that Closed Session Item No. J should be changed from two to seven cases. MOTION - It was moved by Council Members Sniff/Bangerter to remove Business Item No. 4 and to amend Closed Session Item No.3, from two to seven cases. Motion carried unanimously. APPROV AL OF MINUTES MOTION - It was moved by Council Members Sniff/Bangcrter to approve the City Council Minutes of November 15, 1994 and November 17. 1994 as submitted. Motion carried unanimously. ANNOUNCEMENTS Mrs. Juhola. Administrative Services Director, announced that. La Quinta's Senior Center dedication and Holiday Open House will be held on Thursday. December 15th, at 11:00 a.m. PRESENT A TIONS Mayor Pefia presented John Freeland. Senior Engineer. with a plaque expressing the City's · appreciation for being chosen Employee of the Month for the month of November. . * * * * * * * * * * * * * * . . City Council Minutes 2 December 6. 1994 Mayor Perla presented Pam Stull. Secretary II. with a plaque expressing the City's appreciation for being chosen Employee of the Month for the month of December. * * * * * * * * * * * * * * Ms. Barbara Cousins: representative of Riverside County Library in La Quinta. presented Council with a thank-you card on behalf of the children of La Quinta for the books made available through the Community Services Grant. . . * * * * * . * . * . * * * Ms. Carolyn Lair, executive director of the La Quinta Arts Foundation. presented a report of the Fine Crafts, Wine and All That Jazz event held November 11-13 that attracted approximately 12,000 people. The children's programs were very popular. She invited the Council to the Foundation's Christmas Open House on December 16 from 4:30 to 6:30 p.m. and presented a Fine Crafts, Wine and All That Jazz poster to the City. In response to Council Member Perkins, Ms. Susan Francis, advised that the event's name was selected at a committee meeting in the summer of '91 out of a desire to have a name that encompassed all three elements of the event. PUBLIC COMMENT Mr. Robert Tyler, 44-215 Villeta Drive, thanked the Council for the recent pool survey. He felt it's an excellent method to solicit input from the community and suggested the same process be used for the auto-mall project since most of the discussions concerning that issue have transpired during closed session and not much information is available to the public. He also suggested installation of additional bulletin boards in the northern area of the City and the PGA West area for posting of official City notices for broader public notification. Council Member Sniff advised that the Council previously discussed the possibility of installing additional bulletin boards to keep the residents informed and suggested that staff investigate proposed sites.. Mayor Pefia concurred and advised that there will be an'update on the auto mall at the Indio . Mayor's Breakfast. . . City Council Minutes 3 December 6. 1994 WRITTEN CORRESPONDENCE a. LETTER FROM MICHAEL yICCARTNEY RESIGNING FROM THE CITY COUNCIL EFFECTIVE JANUARY 3, 1995. MOTION - It was moved by Council Members Sniff/Bangerter to receIve and tile Council Member McCartney's resignation letter dated November 15. 1994. Motion carried unanimously. MINUTE ORDER NO. 94-257. Mayor Pena asked the City Clerk to present the Council with the available options for filling the vacancy at the next meeting. BUSINESS SESSION 1. CONSIDERATION OF ItESOLUTION ACCEPTING A LA QUINTA MIDDLE SCHOOL DONATION FROM MAKE-A-DlFFERENCE DAY FOR THE HIGH ADVENTURE PROGRAM. Mr. Bohlen. Parks & Recreation Director. advised that some La Quinta Middle School students participated in a walk-a-thon during "Make-A-Difference Day" and they are donating $394 from the raised funds to the Parks & Recreation Department's High Adventure Program. He introduced the class teacher. Ms. Reasor. Ms. Reasor. sixth-grade teacher at La Quinta Middle School. presented Council with a check for $394. She advised that national "Make-A-Difference' Day" was held on October 22nd: and 26 students in her class participated in the event. She introduced two of the participating students who were top walkers. Chelsey Brewer and Albert Holguin. RESOLUTION NO. 94-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. ACCEPTING GIFT OF FUNDS TO SUBSIDIZE YOUTH PARTICIPATION IN THE HIGH ADVENTURE PROGRAM. It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 94-74 as submitted.' Motion carried unanimously. 2. CONSIDERATION OF CULTURAL AFFAIRS COMMISSION REVIEW OF LA QUINTA ARTS FOUNDATION'S MONTEZUMA-SITE PROPOSAL. Mr. Bohlen. Parks & Recreation Director. advised that on October 18. 1994, the Council referred a proposal by the La Quinta Arts Foundation for locating an art and cultural . . City Council Minutes 4 December 6, 1994 center on Avenida Montezuma to the Cultural Affairs Commission (CAC) for review. The CAC recommends that the Arts Foundation be allowed to proceed with their concept for a center for the arts at the Avenida Montezuma site. with the Arts Foundation acting as the lead agency and the City of La Quinta as a partner. " In response to Mayor Perla. Mr. Bohlen advised that the CAC did not indicate who should purchase the additional five lots for the theater annex. , Council Member Perkins felt that the theater should be large enough to accommodate usage by all the City's cultural arts organizations. He liked the location, but wasn't sure it was large enough. Mayor Peiia expressed concern that all organizations have access to the center. He believed that could be a concern if the Arts Foundation is going to fund the project. Council Member Sniff bel ieved that a 500-seat theater is appropriate and the Montezuma site should be sufficient if a two-story building is constructed. He fully supported the concept and believed it should move forward with deliberate dispatch. He didn't believe there is any cause to think that any organization would be excluded from use of the center just because the Arts Foundation acts as the lead agency. He felt that the City's only contribution to the center should he a long-term lease. MOTION - It was moved by Council Members Sniff/Bangerter to receive and file a recommendation of the Cultural Affairs Commission and further direct appropriate City staff to continue negotiations with the La Quinta Arts Foundation on their proposal. Motion carried unanimously. MINUTE ORDER NO. 94-258. . 3. CONSIDERATION OF RECOMMENDATION OF CULTURAL AFFAIRS COMMISSION REGARDING CHILDREN'S DISCOVERY MUSEUM'S REQUEST FOR FUNDING PARTICIPATION. Mr. Bohlen. Parks & Recreation Director. advised that on October 18. 1994, the Council referred a letter from the Children's Discovery Museum to the Cultural Affairs Commission (CAC) for review. The Children's Museum had requested allocation of $200 to subsidize an unlimited number of La Quinta residents wishing to view the children's art exhibit at the museum entitled "Discover My World." The exhibit begins on December 10th and a specific viewing day for La Quinta residents may be designated by the CitY: The CAC recommends that the $200 be allocated from the Council's Special Contingency Fund. . . City Council Minutes 5 December 6, 1994 MOTION - It was moved by Council Members Sniff/Bangerter to approve the funding request by the Children's Museum for $200 from the Special Contingency Fund, to subsidize the La Quinta residents viewing of the "Discover My World" art-by-~hijdren exhibit on a day to be designated as "La Quinta Day at the Museum." In response to Council Member Bangerter. Mr. Bohlen advised that staff will work with the museum staff to set a La Quinta viewing date. possibly in January. Motion carried unanimously. MINUTE ORDER NO. 94-259. 4. CONSIDERATION OF REQUEST BY AIRTOUCH CELLULAR TO LOCATE A MONOPOLE AT THE SPORTS COMPLEX. Mr. Genovese, City Manag~r. advised that the applicant has requested a continuance to January 17. 1995. MOTION - It was moved by Council Members Sniff/Bangerter to continue the request by AirTouch Cellular to January 17, 1995. Motion carried unanimously, MINUTE ORDER NO. 94-260. 5. CONSIDERATION OF SPECIAL ADVERTISL"'IG DEVICE 94-056 FOR APPROVAL OF EIGHT (8) TEMPORARY FLAGPOLES FOR THE RANCHO OCOTILLO PROJECT EAST OF ADAMS STREET AND SOUTH OF FRED WARING DRIVE. APPLICANT: DENNIS CUNNINGHAM, Mr. Herman. Community Development Director, advised that the applicant's request for eight temporary flagpoles complies with the City's recently-adopted policy, Mr. Robert Tyler. 44-215 Villela Drive. asked if the request for eight flags will be in addition to the existing nine flags. He expressed dissatisfaction with the number of off- site directional signs erected by Century Homes and asked if they have permits for all , of them. In response to Mayor Perla, Mr. Herman advised that the applicant's existing flags have expired and will be taken down; if approved, the requested eight flags are all that will remain. He advised that off-site directional signs are permitted during construction. The one at the corner of Fred Waring Drive and Adams Street and one at the Rancho Ocotillo project entrance are permitted as well as the one at Topaz. Council Member Perkins felt that signs are being erected without permits and requested staff to investigate the number of off-site directional signs. . . City Council Minutes 6 December 6, 1994 In response to .council Member Perkins. Ms. Honeywell. City Attorney. advised that any temporary nags approved prior to the City's new poliey will have the length of time they .were granted when approved. Century Homes is not allowed to erect the additional eight flags until the previous nags are removed. Council Member Perkins requested code enforcement staff to investigate the number of flags along Miles Avenue and Washington Street to find out if any unpermitted nags are there. Mr. Genovese. City Manager. advised that staff reviews these regularly and citations are issued for illegal signs and nags. In response to Mayor PeI1a. Ms. Honeywell advised that there is a legal process to follow before the City can remove unpermitted signs. In response to Mayor Perla. Mr. Hartung, Building & Safety Director. advised that the City imposes a storage fee when they remove signs. Mayor Perla suggested that the City consider charging a punitive fine as well. MOTION' - It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 94-056 permitting eight temporary nagpoles for the Rancho Ocotillo project subject to findings and conditions of approval., Motion carried unanimously. MINUTE ORDER NO. 94-261. 6. CONSIDERATION OF A FIRST, TIME EXTENSION FOR PUBLIC-USE PERMIT 93-015 TO ATTACH ANTENNA EQUIPMENT TO AN EXISTING TOWER FOR CELLULAR TELEPHONE COMMUNICATIONS AND TO CONSTRUCT A 484- SQUARE FOOT EQUIPMENT STRUCTURE LOCATED AT THE I.I.D. SUBSTATION AT 81-600 AVENUE 58. APPLICANT: AIRTOUCH. Mr. Herman, Community Development Director. advised that Public-Use Permit 93-015 was approved on September 21. 1993 for one year and subject to two additional one-year time extensions. The request is for the first. <me-year time extension and staff recommended approval, subject to the original findings and conditions. Council Member Sniff asked what caused the delay in the project. Mr. Hardy Strozier, representative of AirTouch Cellular, respondedthat the delay was due to lease negotiations with the District, but advised that the lease is now' signed and they are ready to request building permits from the City. . . City Council Minutes 7 December:6. 1994 MOTION - It was moved by Council Members Sniff/Bangerter to approve Public-Use Permit 93-015 Time-Extension No. I. subject to conditions of approval. Motion carried unanimously. MINUTE ORDER ~(). 94-262. 7. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA (#1) IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. Ms. Honeywell, City Attorney. advised that AB 1290 states that there must be an overall effective date-limit, not more than 40 years from the date of the adoption of the original plan. and no debt to be incurred from 20 years from the original date of adoption of the plan. Both redevelopment plans have earlier expiration dates so there is no change in the effective date of the plan; however. it does impose an earlier limit for incurring debt than originally stated in the plans. MOTION - It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 258 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINT A REDEVELOPMENT PROJECT AREA NO.1 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No. 258 on first reading. ,Motion carried by the following vote: . AYES: NOES: ABSTAIN: ABSENT: Council Members Bangerter, Perkins. Sniff, Mayor Perla ~~ . None Council Member McCartney 8. ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINT A REDEVELOPMENT PROJECT AREA (#2) IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. . . City Council Minutes 8 December 6. 1994 MOTION - It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 259 by title and number only and waive further reading. Motion carried unanimously. ' ORDINANCE NO. 259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINT A REDEVELOPMENT PROJECT AREA NO.2 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No. 259 on first reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Bangerter, Perkins. Sniff. Mayor Perla' None None Council Member McCartney 9. CONSIDERATION OF A WORKING COMMITTEE FOR THE SUBDIVISION ORDINANCE REVISION PROJECT. Mr. Cosper, Public Works Director. advised that on November IS. 1994, Council discussed the possibility of establishing a working committee for the formulation of the subdivision ordinance. The Planning Commission has submitted their recommendations for inclusion on the committee. . He asked Council to direct staff in the remaining appointments to the committee. Mayor Pella suggested adding Chris Clarke as well as some general-contractors. Council Member Sniff preferred Alternative 3 of the staff report in which all names on the list will be .invited. Mayor Perla suggested that everyone on the list be invitedto a scoping meeting. Mr. Cosper advised that staff's intention with Alternative No. 3 is to conduct two scoping meetings. The purpose of the first meeting will be to obtain input from those . in attendance, and a draft will be submitted for review at a second meeting a few months 'later. A staff report will then be prepared for Council. noting which suggestions could, be incorporated and which ones could not. Mayor Peiia suggested the Chamber of Commerce be contacted to gain names from their network. . . City Council Minutes <) December 6, 1994 MOTION -It was l1loveu by Council Members Sniff/Bangerter to recommend Alternative No.3 to staff. including the suggestions from Council. anu direct them to proceed. Motion carried unanimouslv. ,nNUTE ORDER "0, 94-263. 10. CONSIDERATION OF APPROVAL OF SPECIFICATIONS FOR CITYWIDE STREET-PAINTING I)ROGRAi\I AND AUTHORIZE STAFF TO RECEIVE BIDS. Mr. Cosper. Public Works Director. advised that staff is"requesting authorization to receive bids for restriping. primarily. the City's arterial and major collector streets. This is the initial program for the overall street-maintenance program scheduled to be presented to Council in March. i995: but work will not begin until July, 1995 when funding is available. The purpose in receiving bids in January is to expedite the process in July. 1995 because the striping in the streets is fading and could pose a liability to the City. He auvised that staff prepared the urawings and most of the engineering on this project. noting it is one of the first projects to he uone in-house. The engineer's estimate for the project is 522.000. Council Member Perkins asked if staff has considered contracting with neighboring cities in this project. Mr. Cosper advised that the City of Indio was contacted, but they have not responded. Part of La Quinta's street-maintenance program next year will be to look at costs to purchase maintenance equipment with which the City's maintenance staff could handle some street repairs in-house and possihly include neighboring cities. In response to Mayor Pcfja. Mr. Cosper advised that staff received bid specifications from the City of Palm Desert and he assumes they also put their street maintenance out to bid. La Quinta's maintenance staff diu do the City's street-legend painting (stop signs. arrows. and cross hars) this year. Mayor Perla suggested that these kind of costs could be discussed at CV AG for regional cooperation. Mr. Cosper advised that staff is trying to secure the use 'of Indio's patch truck to do localized patching and crack sealing. Council Member Sniff felt that private enterprise may be able to do the work less- expensively than the City. but was not opposed to exploring the idea of handling the work in-house. Council Member Perkins advised that he totally supports private enterprise. but believed the Council is responsible for finding the most cost-effective means to handle City projects. Perhaps by sharing equipment and costs with neighboring cities, the City's cost . . City Council Minutes 10 December 6, 1994 could be reduced. Private enterprise should not he supported at the expense of taxpayers. In response to Council Memher Bangerter. Mr. Cosper advised that the intent of the proposed bid specification is to contract with a wntractor to completely finish the project. During the street-maintenance program next year. staff will identify which of the street-maintenance activities will be most cost-effectively done in-house. Slurry sealing and the proposed street-striping is typically done more cost-effectively through a bid process. especially if cities join together in the bid effort. because the larger the bid the more economical it is. Council Member Perkins expressed concern that the.left-hand-turn lanes are too short and .asked Mr. Cosper to take that into consideration when restriping the streets. Mr. Cosper advised that he is addressing that issue. MOTION - It was moved by Council Members SnifflPerkins to approve specifications for citywide street-painting program and authorize staff to receive hids. Motion carried unanimously. MINUTE ORDER NO. 94-264. II. . CONSIDERATION OF AMENDMENT TO THE MCNICIPAL CODE ADOPTING REGULATIONS PERTAINING TO FALSE ACTIVATIONS OF FIRE ALARMS.' Mr. Hartung. Building & Safety Director, advised that the ordinance will establish a false fire-alarm fee and provide a financial incentive for fire-alarm users to make sure their tire-alarm system is operating effectively. In response to Council Member Perkins. Mr. Hartung advised that the false alarms are from automatic systems. They are monitored by a station which then calls the fire station. MOTION - It was moved by Couneil Members Sniff'Bangerter to take up Ordinance No. 260 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, ADDING SECTION 11.92 OF THE MUNICIPAL CODE REGULATING FALSE ACTIVATION OF FIRE ALARMS. City Council Minutes . . II December 6. 1994 It was moved by Council Members Sniff/Bangerter to adopt Ordinance No. 260 on first reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Bangerter. Perkins. Sniff. Mayor Perla None None Council Member McCartney RESOLUTION NO. 94-75 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA ESTABLISHING SERVICE FEES FOR EXCESSIVE FALSE ACTIVATIONS OF FIRE ALARMS. It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 94-75 as submitted. Motion carried unanimously. 12. CONSIDERATION OF AMENDMENT TO CHAPTER 2.60 OF THE MUNICIPAL CODE RELATIVE TO CONFLICTS OF INTEREST. Ms. Honeywell, City Attorney, advised that the City is adopting the State Code by reference, so that any changes made by the State will ,automatically be included. Included also are amendments in the designated employees. primarily due to title . changes. MOTION - It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 261 by title and number only and waive further reading.. Motion carried unanimously. ORDINANCE NO. 261 AN ORDINANCE OF THE CITY COUNCIL OF THE .CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60 OF THE LA QUlNTA MUNICIPAL CODE - THE CITY'S CONFLICT OF INTEREST CODE. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No. 261 on first reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Bangerter, Perkins. Sniff, Mayor Perla None None , Council Member McCartney . . City Council Minutes 12 December 6, 1994 13. TRANSMITTAL OF TREASURER'S REPORT DATED OCTOBER 31,1994 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. MOTION - It was moved by Council Members Sniff/Bangerter to receive and Jile the Treasurer's Report datcd Octooer 31. 1994 for the City of La Quinta. In response to Council Member Perkins. Mr. Genovese, City Manager. explained that "pooled investments" arc funds that are pooled with other agencies in a statewide pool. such as the LAIF fund. They have their investment advisors who make investments based on certain parameters and are aware of the investment guidelines of each city. In response to Council Member Perkins. Ms.' Honeywell. City Attorney, advised that Redevelopment Agency funds can be included in these "pooled" funds. Council Member Perkins asked if Redevelopment Agency funds and City funds are in separate accounts. He understood that the funds are not to be commingled. Ms. Honeywell advised that they are in a separate account in the sense that the accounting department keeps track of what the amounts are. Mr. Genovese advised that the funds are not commingled as it relates to accounting standards. but they are as far as cash is concerned. At LAIF the City maintains two separate accounts for "pooled" investments for two reasons: it's easier to separate investments and theLAIF only allows a maximum of SI5 million per account. The two accounts. allow a total of $30 million in investments. ' Council Member Perkins stated he gets concerned about commingling City and ,Redevelopment Agency funds. He asked ifCity and Redevelopment Agency funds would be commingled in a Certificate of Deposit. . Mr. Genovese advised that the accounting department tracks the funds separately, but they could be commingled in the same bank account. Commingled funds in a pooled bank account could conceivably be used to invest in a Certificate of Deposit, but not the commingled funds in LAIF. Council Member Perkins reiterated that he IS uncomfortable with these funds being commingled. Mayor Pefta suggested having the City's consulta"ntreview the concept and possible problems involved and report to the Council. ' Mr. Genovese advised th~t the City could seek the auditor's opini<?n since the audit is currently being completed. Council concurred. Motion carried unanimously. MINUTE ORDER NO. 94-265. . . City Council Minutes 13 December 6. 1994 MOTION - It was moved hy Council Memhers Sniff/Bangerter to receive and file the Treasurer's Report dated October 31. 1994 for the La Quinta Financing Authority. Motion carried unanimously. MINUTE ORDER NO. 94-266. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 6, 1994. 2. APPROVAL. OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23935-5, TOPAZ. 3, APPROV AL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND ACCEPTANCE OF TEMPORARY DRAINAGE EASEMENT FOR TRACT 26188, TOPAZ. MOTION - It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO. 94- 267. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS Mr. Herman. Community Development Director, advised that Betty Williams of Williams Development. plans a ground-breaking ceremony on January 5. 1995 at 10:30 a.m. for the affordable-housing project. ' All other reports were noted and filed. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF FRITZ BURNS PARK POOL PROJECT SURVEY. Mayor Pefia abstained due to a conflict of interest and left the dais. . . City Council Minutes 14 December 6, 1994 Council Member Perkins. said he was beginning to understand why the pool survey was not returned to the Council for review. He didn't agree with a council member's comment at the last meeting that there was a time-crunch involved with awarding the bid. because he doesn't believe it has to be dealt with as rapidly as some prefer. He referred again to Council's comments at the last meeting about having confidence in the Parks & Recreation staff. but wasn't sure he has the faith necessary, because the survey didn't ask the residents if they want a pool. or are willing to pay for a pool and the maintenance costs involved. He questioned mailing the survey to "postal patron" because he knows of five people who didn't receive a questionnaire. He also noted that the survey reported the cost of the pool at $1.8 million, which diffcrs from the $2.1 million estimated by the engineers. He advised that the survey states that the City will need to recoup 50% of the operation costs through user fees which will necessitatc 400 users daily. He advised that another comment by a council member at the last meeting was that the proposed funding sources must be used for a pool. but he hasn't seen any documentation to that effect and believed the funds can be used for recreation and/or a pool. He felt that the Palm Royale Park has been delayed because of a lack of funds and these funds could be diverted to that project. . He referred to the Minutes of the Parks & Recreation Commission in which Council Member Sniff advised that "the Fritz Burns pool is not a done deal... . there are concerns regarding financing the project and the operational cost of the pool," but the survey states that thc City "is" going to have a pool. He felt that the questionnaire is one-sided and wondered how many residents failed to receive one, He didn't have much faith in the questionnaire because the proper questions weren't asked. He was disappointcd in the staff for the questionnaire they developed and disappointed in the Council for not wishing to review the questionnaire before it was mailed. In response to Council Member Bangerter. Mr. Bohlen advised that the "postal patron" mailing-method was selected through discussions with the post office after advising them that the City wanted every resident to receive a survey. He felt that staff fulfilled their responsibility as directed by Council. Council Member Bangerter felt that the post officc is responsible for any undelivered surveys, not staff. She believed that when Council directs staff to do something, the " Council owns it and she felt the survey was excellent. She advised that the purpose in directing staff to mail the survey without Council's review was because of the timecrunch and added thatthe survey is currently being tabulated. Council Member Sniff felt the survey is what the Council requested and believed that staff did a good job. The best the City can expect from this type of survey is a significant sample from the community, noting a 100%-response was never expected, He felt that staff is not responsible for the post office' s failure to distribute the survey . . City Council Minutes 15 December 6, 1994 to every resident. but understood that over 800 responses were received. H.: advised that the pool is not a done deal until the bids are acted upon. This project has been discussed for many years with the community strongly indicating that they want an aquatic center in this area of the City. He referred to a letter from Mr. Vossler that indicates the $ I million donation to the City is for an aquatic center. He believed that there are many people in the community who believe that the pool facility is an important asset to the City. He commented that there is no such thing as a perfect decision. but rather the best decision that can be made. based on the bids. He advised that bids have been received with a low of approximately $1.8 million. the estimated cost identified on the survey. He asked staff when consideration of awarding the bid is scheduled to come before the Couneil. Mr. Genovese. City Manager. advised that the bids will be on the agenda for consideration by Council on December 20th. 2. DISCUSSION REGARDING USE OF THE SENIOR CENTER. Mayor Pena asked if Council had any objection to use of the Senior Center facilities for a continental breakfast for a presentation on "Peacebuilders" on December 16th from 8:00 to 9:30 a.m., noting a facility-usepolicy hasn't yet been established for the Center. Council Member Perkins felt that Council should consider a Senior Center facility-use policy and expressed concern regarding the responsibility for cleaning up after events. He believed that the City's facilities should be used by civic groups whenever possible. Mayor Pena advised that the caterer will be responsible for cleaning after the breakfast. Ms. Honeywell advised that some restrictions might apply to the use of the Senior Center for non-senior activities because CDI3G funds were used in its construction. Mrs. Juhola. Administrative Services Director, advised that the law states that Senior Center activities cannot be preempted for other uses and there are no senior activities planned for that time. Council concurred that there was no objection to use of the facilities for the breakfast. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session and until the 'hour of 7:00 p.m; . . City Council Minutes 16 December 6, 1994 CLOSED SESSION 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding negotiations for proposed commercial development, including price. term of payment for property located at the southwest corner of Highway 111 and Jefferson Street - Tim Ealey, negotiator for Midland Properties. . 2. Conference with labor negotiator Tom Hartung regarding negotiations with the La , Quinta City Employees Association pursuant to Government Code Section 54957.6- Meet and Confer Process, 3. Conference with legal counsel concerning potential initiation of litigation pursuant to Government Code Section 54956.9(C) - seven cases. 7:00 P.M. PUBLIC COMMENT - None , PUBLIC HEARINGS 1. PLOT PLAN 93-495 (REVISED) - A REQUEST BY SIMON PLAZA. INC. TO APPEAL THE PLANNING COMMISSION'S APPROVAL OF A ONE-YEAR. EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED PROJECT ON 5.6:t ACRES ON HIGHWAY 111. EAST OF WASHINGTON STREET. Mr. Herman. Community Development Director. advised that Council received numerous correspondence regarding this issue. Included in the correspondence is a letter from Pomona First Federal. owners of Parcel 6, stating they no longer want their parcel included in this application. Parcel 6 encompasses the proposed corner restaurant at the intersection of Washington Street and Highway I II. The applicant's one-year extension request was approved by the Planning Commission on May 24, 1994, but seven of the conditions of approval were amended. The applicant is appealing the amendments made by the Planning Commission. He advised Council of the following options relating to Pomona Federal Savings: 1. Deny the extension based upon the property depicted on the approved site plan not being controlled by Simon Plaza and lack of applicant's response to Council for requested information. . . City Council Minutes 17 December 6. 1994 2. Continue the request for time extension for four months. requesting the applicant to redesign the site plan without Parcel 6 and resubmit their application to the Planning Commission within three months. Mr. Mark yIoran. 52-385 Madero. L1evelopment consultant for Simon Plaza. Inc., advised that the applicant is aware of the dispute with Pomona First Federal. The applicant will accept Option NO.2 to redesign the project or until such time as there is a disposition on another project proposed to be presented to the City, with a possible opportunity to purchase that parcel. The Mayor declared the PUBLIC HEARING OPEN. Mr. Robert Tyler. 44-215 Villeta, referred to a public hearing i10tice regarding the corner parcel and asked how that project is related to the Simon Plaza project. Mayor Pena advised that the corner parcel in question is Parcel 6 referred to in the Simon Plaza project and one option before Council is to continue the current request with the exception of Parcel 6. thus requiring the applicant to redesign the project. There being no one else wishing to speak. the Mayor declarcd the PUBLIC HEARING CLOSED. Mayor Pena advised that Council received a fax from Pomona First Federal just prior to the meeting and that he supported Option No.2. Council Member Sniff concurred believing it tobe the most logical option. MOTION - It was moved by Council Members Sniff/Bangertcr to continue eonsideration of a time-extension for the approved project for four months with the exception of Parcel 6 and redesign the site plan. excluding Parcel 6. and resubmit to the' Planning Commission for review and approval within three months. Motion carried unanimously. MINUTE ORDER NO. 94-268. 2. ZONING ORDINANCE AMENDMENT 94-044 TO AMEND CHAPTER 9.145 OF THE LA QUINT A MUNICIPAL CODE RELATING TO HILLSIDE CONSERV A TION ZONE AND CHAPTER 9.146 RELATING TO TRANSFER OF DEVELOPMENT RIGHTS. APPLICANT: CITY OF LA QUINTA. Mr. Herman. Community Development Dircctor, advised that the proposed amendments (as set forth in the staff report) are needed to allow the ability to transfer density credits to individuals. as well as. to or between parcels of land. This will apply to the Hillside Conservation Zone and the Transfer of Development Rights which will permit density . . City Council Minutes 18 December 6, 1994 'transfers to, all residential zones citywide. The PlannIng Commission recommended the proposed amendments on November 8. 1994. In response to Council Member Bangerter. Mr. Herman advised that when a property owner wishes to transfer the development rights of the property to someone else, it will be reviewed by the City. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak. the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 94-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ,ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 94-281 PREPARED FOR ZONING ORDINANCE AMENDMENT 94-044. It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 94-76 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 262 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 262 AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA. AMENDING CHAPTER 9.145 AND 9.146 OF THE LA QUINTA MUNICIPAL CODE RELATING TO TRANSFER OF DEVELOPMENT RIGHTS. It was moved by Council Members Sniff/Perkins to adopt Ordinance No. 262 on first . reading. Motion carried by the following vote: AYES: NOES: . ABSTAIN: ABSENT: Council Members Bangerter. Perkins. Sniff. Mayor Pena None None Council Member McCartney 3. . ADOPTION OF A NONDISPOSAL FACILITY ELEMENT , MANDATED BY THE STATE. WHICH IDENTIFIES EXISTING, EXPAJ"lSION OF EXISTING. AND PROPOSED WASTE FACILITIES. . . City Council Minutes 19 December 6. 1994 Mr. Herman. Community Development Director, advised that the Nondisposal Facility Element is mandated by the State relating to AB 939. The Element has been adopted by all the cities in the valley and approved by CV AGs Executive Committee. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 94-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUlNTA, CALIFORNIA. ADOPTING THE NONDISPOSAL FACILITY ELEMENT. It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 94-77 as submitted. Motion carried unanimously. Council recessed to Redevelopment Agency. Council reconvened and recessed to Closed Session as delineated on Page No. 16. Council reconvened with no action being taken. ~ There being no further business, the meeting was adjourned. ctfully submitted. SAUNDRA L. J OLA, City Clerk City of La Quinta, California . LA QUINTA CITY COUNCIL MINUTES December 20., 1994 . Regular meeting of the La Quinta City. Council on December 20., '1994'was called to order at the hour of 3:0.0. p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: ABSENT: Council Members Bangerter, Perkins, Sniff, Mayor Pena Council Member McCartney MOTION - It was moved by Council Members Perkins/Bangerter to excuse Council Member McCartney. Motion carried unanimously. CONFffiMA nON OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS,- None PUBLIC COMMENTS Mr. Robert Tyler, 44-215 Villeta Drive, expressed concern that the City Council has failed to inform La Quinta citizens about the status of the auto mall. He didn't believe that La Quinta residents should have to travel to another city's meetings to find out what is going on in La Quinta, nor should they have to read about it in the newspaper. He didn't understa':ld why there have been so many meetings of both City Councils and with the developer and that they have all been held in closed session. He noted that substantial street improvements have been constructed in the area of the proposed auto mall and felt that the City was giving priority tothat area'sdevelopment. He referred to numerous articles in the newspaper that the City is considering offering concessions to the developer of the proposed auto mall and noted that a campaign manager for one of the council members is the consultant behind the project. He stated that few facts have been made public and when that happens, rumors run rampant. He questioned why the proposal has been discussed during closed sessions since those hearings are restricted to personnel items or discussions of possible or pending litigation. Hb felt that it's long over-due for the citizens to be informed about this project. Mayor Pena advised that the Council has discussed the proposed auto mall during Council's study sessions which are open to the public. The street improvements at the intersection of Jefferson Street and Highway III were made by the City of Indio, not La Quinta.: He advised I . . City Council Minutes 2 December 20., 1994 that the Council is not hiding anything and noted that public hearings will be held once an application is submitted by the developer. He advised that while negotiations are on-going the Council hasn't made any commitments rcgarding the auto mall project. Ms. Honeywell, City Attorney, advised that the auto mall has been discussed in closed session under Government Code 54956.8. That section allows discussions regarding transfers of real property, and there are transfers of City and/or Redevelopment Agency property involved should this potential agreement go forward. Thc proposed structure of this development will require a Development Agreement and Environmental Impact Report which require public hearings before the Planning Commission and the City Council. Council Member Sniff advised that the Council has not "made a deal" with anyone, but are presently trying to gather information. * * * * * * * * * * * * * * * * Mr. Randall Wright, 54-295 Eiscnhower, commcntcd about the auto mall advising that he has many of the same conccrns that Mr. Tyler has. He understood that millions of dollars in . subsidies are being offered to an out-of-statc corporation that is worth $5 billion. There's no . guarantee that the developer will complcte the project or they might sell it to another developer, once approved. He recalled other financial happenings within the City and believed it's critical that the City's money be watched carefully. believing that end .costs are usually higher than estimated in the beginning. He agreed that jobs for the community are 'important, but he questioned how long it will take for the City to realize any revenues from the proposed development if millions in subsidics arc involved. He asked that. alI cntities involved. including thc developer. be required to give full disclosure to the public to verify that the developer has thc financial capability to withstand any gap in the development. He referred to till: incomplcte malls at Moreno Valley and City of Hemet and the difficulty they' ve experienced. lIe exprcsscd conccrn rcgarding the effect the proposed auto mall might have on the City of Indio's downtown area and felt it unfair to clean out Indio's downtown, " Mayor Pena advised again that thc Council hasn't made any commitments to the developer. FuH disclosure will be made before the Planning Commission and City Council in public hearings if the project is formally submitted, Council Member Sniff empathized with both speakers. noting that the Council has solicited information from the developer and full disclosure has been difficult to obtain from them. He felt that some people have gone to the media in an effort to influence certain people. He expressed assurance that no deals will be made behind closed doors. . . City Council Minutes 3 December 20.. 1994 WRITTEN CORRESPONDENCE 1. Letter from Desert Communicafions & Marketing, Inc. regarding placement of an ad in the 1995 La Quinta Arts Festival Program. Council Member Sniff suggested that the letter be referred to staff and the La Quinta Arts Foundation for a recommendation. . Council concurred, 2. Letter from Community Concerts of La Quinfa regarding a funding request. Council Member Sniff noted that thc fiscal year is nearly half completed and suggested that the request be referred to staff for review and recommendation, In response to Mayor Pena, Mr. Genovese, City Manager. advised that the mid-year budget review will be held in February. Council Member Bangerter wished to see the request come back to the Council as an agenda item because she believes it is an excellent program that deserves support. Mr. Martin Langer. 49-994 El Circulo. gave a brief history of Community Concerts advising that this is their 45th season, He noted that they are currently located at Sun City, This is the first year thcy have solicited funds cven though their program is now in the La Quinta schools, Council retirrred the matter to staff for considcration during the mid-year budget review. BUSINESS SESSION 1. CONSIDERA nON OF A WARD OF CONTRACT FOR CONSTRUCTION OFTHE FRITZ BURNS COMMUNITY PARK - PHASE I, PROJECT 94-4, Mayor Peiia abstained due to a contlict of interest and left the dais. Mr. Cosper. Public Works Director. briefly outlined the agenda to be covered by staff. Mr. Bohlen. Parks and Recreation Director, advised that staff prepared a pool survey to gauge three areas of interest: 1) programming, 2) fees and charges, and 3) days and hours of use, Staff mailed 7.0.0.0. surveys on November 18th with a deadline for returns of November 25th. Staff received 946 responses by the deadline which were tabulated by BSI, and an additional 111 were received after the deadline that were not tabulated. . . City Council Minutes 4 December 20.. 1994 Of the 946 responses. 567 surveys indicated prcferrcd programs while 379 indicated no interest in offered programming. Family s\vim and open swim were the most popular programs selected, followed by fitness and instruction classes, In regards to fees and charges. there was an indication of softness in the market for adult -oriented activities and hardness in the market for youth-oriented activities. The responses regarding days and hours of use indicatcd that 60.% would use the pool one to four days per week with 40.% not using it at all. The most popular time period for use was noon to 6:0.0. p.m. When asked how many people in thc household would use the pool the total was 896 people with 40.% indicating that no one in their household would use the pool; 52% indicated that between one and four persons in their household would use the pool. 41 % of the respondents supported thewaterslidc while 43 % did not. Mr, Cosper advised that 14 bids were received. The engineer's estimate for construction of the project was $2,188,90.0. and the average bid rcceived was $2,228.0.0.0., Granada Construction was the low-bidder at $1.861.456; second was J, T, Dunphy at $2.128.0.0.0; and third was D. M. Erickson Company at $2,188.245. He advised that Granada Construction requested that their bid be withdrawn due to a clerical error on their bid which staff reviewed and confirmcd. Staff recommended that Granada Construction's bid be allowed to be withdrawn. Staff dctermined that the second low-hid from J. T. Dunphy was not in compliance with bidding instructions because their subcontractors list totaled 56% and the maximum allowed is 50.%. He advised that J. T. Dunphy suhmitted a 'revised subcontractor's list. but bid documents cannot be revised after the bid-opening; therefore, staff recommended that J. T. Dunphy's bid be declared nonresponsive. Staff recommended that the contract be awarded to the third low-bidder, D. M. Erickson, as the lowest, responsive-biddcr. He advised that the construction cost of the project consists of the base bid of $1 ,890,0.0.0. with a total contract bid of $2,188.0.0.0. with all six alternatives hased on the bid submittcd by Erickson. which is approximatcly $50.0. helow the engineer's estimate. Staff recommended approval of contract change orders with T, I. Maloney for on-site engineering service and Tri-Lakcs Consultants for inspection services at a total cost of " $115,0.0.0.. Approximately $329,00.0. has been spent to-date for preliminary engineering, engineer's estimates, plan specifications and plan check costs. Other additional costs to this project are: approximately $50.,0.0.0. for owner-furnished equipment that the City will . provide. as opposed to the contractor supplying and including his overhead protit; $175.0.0.0. for the aquatic building furnishings; and $25.0.0.0. for miscellaneous costs such as signs around the pool area, This will bring the total project cost to $2.882,522. . In response to Council Member Bangerter. Mr. Cosper advised that the Phase I of the project consists of a four-acre park area, pool and facilities, and parking, Subsequent phases will include expansion and improvements to the tennis court area and recreation department offices. . . City Council Minutcs 5 December 20., 1994 In response to a memb~r of thc audicncc, Council Mcmbcr Bangertcr rcquested that a project drawing be retrievcd for public viewing explaining that the reason it wasn't displayed was because the mastcr plan was alrcady approved by Council and the present meeting was only to considcr award of a bid, . Mr. Cosper advised that additional funding'is needed to complete the project along with the available approvcd-funding of $1.540.,0.0.0.. Staff rccommended that $1.3 million of the additional funding ,come from infrastructurc funds and $525.0.0.0. from community services funds After releasing $40. 1.0.0.0. of Redevelopment Agency funds away from the project. the total rcmaining to compl~te the project will be' $2.882,0.0.0., Mr. Cosper advised that construction is scheduled to begin January 21st with an estimated completion date in May. 1995. The pool should h~ operational by June 20., 1995, Mr. Cosper then reviewed the project drawing for thc audience pointing out the various aspects of the project: a 25-yard main pool. a tot pool. shade structures, a super double- pretzel waterslide, an aquatics building that includes restrooms and locker rooms, pool equipment storage areas, fencing, parking. and full street improvements to both the old and new Avenue 52, The main pool will be eight lanes: six for competitive swimming and two for lap swimming, The d~pth of the main pool will be 3 feet to 9 fcet and 1'/2 feet for the tot pool. The tot pool is dcsigned to hold up to 65 children and is covered with a shade structure on the north side. Y ~ar-round op~ration is proposed by staff by utilizing gas to heat the pool. He further advised that Coachclla Valley Joint Powcrs Insurance Authority (CVJPIA) notificd the City that thcy will not pr(JVidc insurance coverage for the first $1 million in injury or damages r~sulting from usc of the waterslidc, Commcrcial coverage may be obtain~d at an annual cost of $35.00.0 to cov~r thc first $1 million andthc City is automatically covered for anything beyond that amount through CVJPIA's current liability plan. In response to Council Membcr Sniff. Mr. Cosper advised that staff rccommends elimination of the waterslidc at the present time. but the pool configuration, plumbing, and foundation would be constructed in a manner that would allow the future addition of a waterslide. Elimination (if the waterslide reduces the project cost by $100..0.00. Pool revenues are estimated to also be reduced by approximately $11.0.0.0., but operation costs would still be reduced by approximately $54,0.0.0. due to reduction in staff and additional liability insurancc coverage, Mr. Cosper reviewed the revised operational budget for the pool facilities, He advised that staff recommended in September 1994 that annual operational costs would be $260.,586 with the funding being provided as follows: . City Council Minutes Pool Revenue Lighting & Landscape General Fund Total . 6 December 20.. 1994 $ 86.890. $ 80..00.0. $ 93.696 $260.,586 He advised that elimination of the waterslide will reduce the operational costs to $241.0.0.0. with the funding amounts as follows: Pool Revenue Lighting & Landscape General Fund Total $ 75,280. $ 80,0.0.0. $ 86.469 $241.749. Mr. Cosper advised that there were three decision areas to consider: I) award of the eontract. 2) the project budget which requires additional funding. and 3) the decision to retain or eliminate the. waterslide from the project. He reviewed the various issues related to these three areas and out I ined staff's recommendations as follows: Decision Area #1 · Grant relief of bid requirements. without prejudice, to apparent low- bidder. Granada Construction, due to verified clerical error in bid documents, · Declare second low-hidder. James T, Dunphy Co., "nonresponsive", due to noncompliance with bidding instructions. · Award contract for construction of the Fritz Burns Community Park - Phase I, Project No. 94~04 to the lowest. responsible bidder. D. M, Erickson Construction Co., of Escondido. California, in the amount of $2.188.245. Decision Area #2 · Authorize staff to execute a change order to T, 1. Maloney to increase tile scope of work to include construction support for the Fritz Burns Community Park - Phase I. · Authorize staff to execute a contract change order to Tri-Lakes Consultants to increase the scope of work to include construction inspection for the Fritz Burns Community Park - Phase 1. · Approve the revised Project Budget of $2.882.522 for the construction of the Fritz Burns Community Park - Phase 1. Decision Area #3 · Authorize staff to negotiate for Council approval Change Order No,l. eliminating the waterslide from the projeet. Council Member Perkins questioned the discrepancy in estimated construetion and . operational ecists as reported in previous staff reports . . City Council Minutes 7 December 20., 1994 Mr. Cosper advised that approximatcly 530..0.0.0. in additional costs were added due to firming-up of . construction costs relatcd to engineering, inspections. and testing. In regards to the operational costs he advised that the $260..00.0. amount is the amount submitted to Council in the September 2o.th staff report. He, advised that thc December 2o.th staff report has a clerical crror of $35.0.0.0. due to that figure being subtracted twice, The correct amount is $241,0.0.0. as given in the oral report.. Council Member Bangerter advised that Council would receive public comments at this time. Mr. Robert Tyler, 44-215 Villeta, spoke in opposition to the proposed project because a large percentage of La Quinta residcnts have private swimming pools or live in gated communities with pools, and the La Quinta High School has a pool that can be utilized for public use. He stated that the Fritz Burns Park is not located in the large population center of the City and 40.% of the households who returned surveys indicated they will not use the pool. He stated that pool construction and maintenance is expensive, especially when heating year-round, and felt a community pool is a real liability as well. He said that. when you calculate the pool cost and the current City population of approximately 16,650., each resident will have to pay $170. for the pool. He asked that the project be canceled or placed on the next ballot to allow the residents to decide. Mr. Wally Reynolds, 79-860. Fiesta Drive, read a petition from La Quinta Taxpayers stating that he isn't against the Fritz Burns Park, but against such a commitrrierlt to a localized enterprise. He didn't understand why the City would consider building such an expensive project when 40.% of the surveys indicate no desire for the pool; yet the City is reluctant to spend $20.,0.0.0. for repairs to open Dune Palms Road. He said the survey didn't ask if the pool was wanted. lie read the petition which addressed the following: I) the issue should be put on thc ballot for voter decision; 2) how many cities were contactcd rcgarding costs; and 3) is the project really feasible, He read a list of developments that have their own private pools and noted that there are more than 100. pools in the Cove area alone. The petition declared that Dune Palms Road and Adams Street should be completed as well as the regional park at Adams Street and Westward Ho Drive, Mr. Richard Crockett. 78-680. Via Melodia, spoke in opposition to the project also noting that the survey failed to ask if the pool was wanted. He referred to the .low percentage of residents voicing an interest in a pool through the returned surveys. He felt that the City should negotiate with the high school for public use of their pool and suggested contacting other cities to find out what problems they have encountered related to community pools. Mr. Robert Metkus, voiced opposition to the pool because he didn't believe the survey indicated a need for it. He questioned the reality of receiving sufficient revenues during . . . City Council Minutes 8 December 20, 1994 the winter months and suggested that the high school pool be utilized instead, He felt .that there are other needs within the City more important than a pool. Mr, Harry Yates, 79,910. Fiesta Drive, advised that he had lived in a community that had a good joint-use arrangement between thc city and the school district regarding pool use, He felt that there are more important needs within the City, such as road improvements. Ms, Judith Tomak, 54-991 Tanglewood, was opposed to the pool pointing out that the message of the voters in the fall was to stop spending money for luxuries. duplications, and programs that don't benefit the people. She felt it is irresponsible for government officials to ignore the voters' wishes to pursue their own. multi-million dollar agenda. She believed that we are living in a time of fiscal uncertainty and felt it foolish to consider this $2.8 million expenditure. She didn't understand why the City is proposing a multi-inillion dollar luxury item that will include yearly maintenance costs when taxpayers are demanding lower taxes, 'She believed that moves such as this come back to haunt small cities. She felt that the voters have clearly voiced that they want their money spent fighting crime to make their streets safer. She agreed with others that the City should negotiate with the school district for shared-use of their pool, rather than duplicate the facilities. The residents have a right to expeet cooperation between . government agencies, Mr. Jacques Abels, P.O. Box 1416, La Quinta, said he was opposed to the pool at the present time and shared some figures regarding operational costs and revenue projections. He disagreed with staff's proposed costs and revenues due to his experience with other community pool facilities. He advised that yearly revenues from the Indio's Pawley Pool were only $42,0.0.0. and the population in Indio is three times that of La Quinta. He felt the idea of year-round use of the pool was erroneous. Mr. Donald Marrs, 76-955 Avenida Fernando. stated he was opposed to the pool for many of the same reasons given by others. He didn't like the survey hecause it didn't ask if the residents wanted the pool and he helieved that the low number of responses indicates a low interest also. He believed that it will cost more to heat the pool than staff has estimated. He concluded by stating that a City the size of La Quinta shouldn't contemplate constructing such an expenditure and noted that it's not the children who vote in the election booth. Mr. Scott Breithaupt, 51-150. Calle Obispo, spoke in support of the project. He appreciated the comments from the community's seniors, but as a father is concerned for the community's recreational needs for the youth, as well as safer streets. He submitted a letter from the Truman-Adams PT A supporting the pool. Ms. Laura Hinderaker, 79-925 Horseshoe Road, supported the pool, but recommended some changes. She suggested that the high school pool be utilized for eompetition events . . City Council Minutes 9 December 20., 1994 and the Fritz Burns Park pool he constructcd as a recreational pool only, thus reducing the size and cost. She fclt that the pool will bc an asset to the community and' community funding should bc pursued. She urged staff to work with thc school district to utilize their pool along with thc Fritz Burns Park pool to help cut costs for both agencies. Ms, Nicole Nard, 78-636 Hottlcbrush, felt that the pool at Fritz Burns Park is a good idea for kids in La Quinta who don't have a pool because it will keep them busy during summer months, rather than roaming the streets. She believed that a pool is needed within a park facility to give kids cnough room to socialize around thc pool, as well as swim together. She felt that kids who have their own private pool will use a community pool in order to swim and play with their friends. She suggested that the pool season be restricted to late spring and early fall to help reducc operational costs. Ms. Kay Wolff, 77-227 Callc Ensenada, assistant principal of Truman-Adams School. spoke in support of the pool advising that the school principaL Diana Cardinali supports it also, She understood that thc pool was already approved and was surprised that the concept is still under considcration. She didn't believe that the City can afford "not" to build the pool because it's an i,nvestment in our youth and comrimnity and gives all ages an opportunity for outdoor recreation, She believed that the 60.% who indicated that they. will use the pool is good, considering the low number of surveys returned. She added that the schools do not get a good return on surveys they distribute either. She noted that 1,30.0. students from Truman-Adams live south of Highway III with the majority living in the Cove area; thereforc, most of those students will be able to walk or ride their bikes to the park, The high school is approximatcly seven miles away from the Cove area and the Boys and Girls Club is four miles away. Ms. Nancy Nard. 78-636 Bottlehrush, supportcd the pool stating that she doesn't have a pool nor does she have acccss to one and is a mother who does vote. She felt that the community has waited a long time for this park and pool facility and believed it will give the youth of the community an opportunity to have sports events and parties there, She believed that most of La Quinta's citizens are unaware of the current discussions and will be disappointed if the pool project is canceled hecause the pool was included in the park plan when approved during the public hearings, She stated.that the estimated cost of the pool concerns her also and suggested that a compromise be negotiated; perhaps competition swimming at the high school and rccreational swimming only at the park pool. , , Mr. Fred Wolff, 77-227 Calle Ensenada, stated that many of the lots in the Cove area are too small to accommodate a pool and most of the families are low to middle-income households, He believed the community needs the pool for outdoor youth recreation, noting it has been a dream of many since the City incorporated, The dream began to seem possible when Landmark Land Company provided $1 million to the City for a special community project. He believed the Council must look to the needs of the . . City Council Minutes 10 December 20, 1994 community and this community nceds a pool. He felt it would be cxceedingly insensitive to "not" build a pool. Mr. David Erickson, 12619 Oakwood Court, Poway, representative of D. M. Erickson Construction; urged Council to follow staff's recommendations on the project and advised that any delay in the project will postpone it until summer and construction costs will increase. Mr. Robert Tyler, suggested that the City use $50.0.,0.0.0. of the $1 million designated for the pool to build a scaled-down pool for the community and place the other $50.0.,000 in investmcnts to help support the maintenance of the pool. He believed that would reduce the taxpayer's concerns. Mr. Seth Ettinger, 78-720. A venida La Fonda, spoke in support of the pool advising that he doesn't have children, but does have a pool. He felt that the children of the Cove area need the most help and believed that those speaking against the pool can afford to help pay for one. '. Council Member Sniff advised that the issue is a tough call, noting there is an obvious division of opinion over the matter. He asked staff to comment on Mr. Reynolds concerns regarding Dune Palms Road and Adams Street. Mr. Cosper advised that permits have heen obtained for the Adams Street crossing and Granite Construction was issued a Notice to Proceed by the Desert Sands Unified School District. . The cost for completing that project has increased from $70.,0.0.0. to $30.0,0.0.0. because the crossing was required to be upgraded by outside agencies. Construction is scheduled to begin January 1st and should he completed by March, 1995. The Dune Palms Road crossing increased in costs from $60.,0.0.0. to $30.0.,0.0.0. for the same reasons and funding assistance has been requested from the Army Corp of Engineers through their hazard mitigation funds, He estimated that it will be six to eight weeks before the City receives an answer to that funding request. In response to Council Member Sniff, Mr. Cosper advised that redesigning the pool would involve significant costs .and change to the bid documents and plan, The original engineering cost for designing the pool was $329,00.0.. Council Member Sniff asked Mr. Bohlen what percentage of the City's population resides in the area generally classified as the Cove, Mr. Bohlen advised that the 1990. U.S. Census records indieated a total population of 11,215 within the City of La Quinta at that time, but the Department of Finance estimates the current population over 16,0.00, Using the 1990. figure of 11,215, there were approximately 8,100 residents living in the Cove at that time, He advised that an . . City Council Minutes 11 Deccmber 20., 1994 updatc of the City's growth was rccently done for the Parks & Recrcation Commission that indicated that the City's growth is occurring cqually throughout all of La Quinta, In responsc to Council Member Sniff, Mr. Bohlen advised that the Quimby Funds must be used solely for park acquisition and dcvelopment for the purpose of benefiting the residents within a reasonable proximity of the project. Council Membcr Sniff advised that thc Landmark Land Funds were allocated for recreational and aquatic facilities to mitigate the loss of access to Lake Cahuilla. Mr. Cosper adviscd that $525,0.0.0. is available through the Community Services Funds for funding this project. A portion of the infrastructure funds were also set-aside for . . park facilities and $1,218,0.0.0. is availablc for the project. In responsc to Council Membcr Sniff, Mr. Cosper' adviscd that if the project is put out to bid again, tre project will be delayed approximately four months with an estimated completion by the cnd of July, 1995, In response to Council Member Sniff, Mr. Bohlen advised that staff met with La Quinta High School's Principal. John Gafney, and Dolores Ballestreros, Desert Sands Unified School District Superintendent, rcgarding joint use of the their pool. They are willing to work with thc City in this effort and have asked if the City is willing to share maintenancc cost of the pool before there was any discussion about joint-use, Council Mcmbcr Sniff asked if any other organizations have been contacted for interest in joint-use of a community pool in La Quinta. Mr. Bohlen advised that discussions havc beenprimarily heldwith the local Desert Sands Unified School District schools and their Principals have expressed intercst in using the. pool for some of their school activities. The Boys and Girls Club and Family YMCA have also indicated intcrcst in using the pool. He advised that it might be possible to makc arrangements to rent out thc facilities for private parties as well. In response to Council Member Sniff, Mr. Cosper advised that the proposed pool IS handicap acce~sible and senior activities could be conducted in the pool. Council Member Perkins advised that the 1990. census is five years old and doesn',t give an accurate count of the Cove population currently versus the balancc population of the City. He asked for clarification on the use of the Quimby Funds. Mr, Genovese, City Manager, advised that the Quimby Funds arc 'dedicated funds from new developments in the City and can be used for neighborhood or community parks, . . City Council Minutes 12 December 20., 1994 Council Member Perkins didn't believe the City has actively pursued joint use of the high school pool. He asked staff if proceeding with the pool project would delay, or cause to abandon, any capital improvemcnts, road maintenance, or other infrastructure. He also asked the status of the bridge widenings on both Washington Street and Eisenhower Drive. Mr. Cosper advised that he knew of no capital improvements that would he affected. The bridge widenings are identified in the Capital Improvement Program, but are planned for future-year funding. The Fritz Burns project funding was set-up to be available before the bridge widenings. Council Member Perkins expressed concern that spending funds on projects like the pool will hamper street repairs. He was also concerned that staff has not attempted to discuss this project with him even though he has voiccd objections to the expenditure. Mr, Genovese advised that street maintenance has to be worked into the City's operating budget, but capital improvement funds can be used at any time for street construction. . The City will be reviewing all capital improvements in the upcoming months, In response to Council Member Sniff, Mr. Cosper advised that the City does have the funds necessary to construct the project. Council Member Sniff felt it is important that the project be constructed and maintained without any. assessment or additional taxes. . Mr. Genovese advised that $80,0.0.0. from the Lighting and Landscape District Funds has been earmarked for this project and the additional funds will wme from program fees and/or the General Fund. Council Member Perkins voiced dissatisfaction that the pool survey didn't ask the residents of La Quinta if they want a pool and/or are willing to pay for it. He advised that there is one pool to every five dwellings in the City currently. This includes 10.0 pools in the Cove area, noting the Cove lots must not be too small to accommodate pools. He advised that Moreno Valley built a pool in 1986 for $80.0.,0.0.0. and gave it to the school district a year later; they now have a joint-use operation. The Desert Hot Springs Boys and Girls Club ,pool is opened during summer only and has an average daily attendance of 79. The annual operation cost of the City of'Banning's pool is $150.,000 and all their expenses are paid by the school district; the City of Beaumont pays $135,600. annually. There are two pools in the City of Coachella and are open for ten weeks with an average attendance of 75 per pool with costs of $25,0.0.0. for materials and 40.0 man-hours for maintenance. The City of Palm Springs' pool is open year-round and they have a joint-use contract with the high school; their maintenanee costs are $250.,0.0.0. to $300,0.0.0. annually. The City of Palm Desert has proposed a pool that will be a joint-venture with the YMCA. . . City Council Minutes 13 December 20., 1994 He felt that some of thc Fritz Burns Community Park funds could be utilizcd to build a community park in north La Quinta and was conccrned about the 10% increase in City employees required to run the pool at a time whcn the people are telling government to cut back. He, suggested that it wouldbc less cxpcnsive to utilize the high school pool and provide a shuttle service to and from the Fritz Burns Park. He also believed it will cost more to heat the pool than staff has estimatcd, He expressed concern that the pool will not be used cnough to support it and qucstioncd what recourse the City will have then, He suggestcd using the high school pool for a few years to determine the need and costs. He felt that the citizens of La Quinta should he given a hreak hy eliminating the property tax. ' In response to Council Member Bangerter, Mr. Bohlen advised that the Aquatics Coordinator will work at 14 time and the remaining pool staff will work less than 1,0.00 hours annually; many of thcm will work less than 500. hours annually. Some of those employees will also be used at the high school during school months which will reduce staffing cost significantly. Council Member Sniff felt it was unfortunate that the project has become such a divisive issue and noted that all those involved are members of the same community. He advised that probably half of the City's population lives within two miles of the project which will be available for use to cvery rcsidcnt of the City. He felt that all parts of the community are important. The City recently spent a sizeable amount of money to complete thc Senior Ccnter for all of La Quinta's seniors and noted that there will be major costs involved with operating it. The City has provided funds/property for other community projects such as the YMCA and Boys and Girls Club from which the City derives no revenue. but those projects do help and accommodate the needs of the residents of La Quinta, He believcd that thc City has spent its money wisely and should continue doing so. He didn't support any additional taxcs and believed that the project can be accomplished without thatncccssity. He suggested that the City's staff should be innovative in finding ways to fund thc pool, maximizing the generation of funds to pay for operational costs. He felt it is far bettcr for the City to provide rccreational facilities for its many citizens who won't havc them unlcss the City provides them, rather than needing to provide additional policc to pursuc thc youth out on the streets. The youth are just as important as the seniors whom the City has provided a center for and he believed the City should provide a recreational facility for the youth as well. He felt that the Council's decision is a tough call because of the many worthy public comments given. He advised that he will not vote to raise taxes and wished to indicate to staff that they should make every effort to maximize revenue from innovative uses of the pool. He suggested limiting use of the pool to late spring, summer, and early fall to reduce operating costs. He felt that the issue is a challenge, but one that is important to be met. He supported the pool just as he supported the YMCA, the Boys and Girls Club, and the Senior Center because they represent components of a well-rounded, well-developed, and well-managed community. . . City Council Minutes 14 December 20, 1994 Council Member Bangertcr concurrcd that thc issue is a difficult decision, hut advised that Council has already determincd, during thc preparation of the Capital Improvement Program, that this project is a priority nced and the decision before the Council currently' is the awarding of the contract. She noted that family swimming was the top choice in the survey and felt that' the Council is responsiblc for helping families accomplish the values important to them, just as the City has done with other community projects. She didn't feel that utilization of thc high school pool will supply the comnmnity's needs for tot swimming, senior aerobics programs, nor easy access for children who can skate, ride bikes, or walk to the Fritz Burns Park. She felt that Ms. Nard's comment about needing room to socialize around the pool was important and that operation costs can be reduced by limiting use of the pool to spring through fall only. She supported the project because she felt that the project is an important and valuable rccreational issue in the community. Council Member Sniff advised that he didn't support the water slide hecause of the excessive costs and liability. He appreciated all the comments given in opposition to the project, but felt that the City should move forward with the project. MOTION - It was moved by Council Members Sniff/Bangerter to 1) grant relief of bid requirements, without prejudice, to apparent low-bidder, Granada Construction, due to a verified clerical crror in bid documents; 2) declare second low-bidder, James T, Dunphy Co., "nonresponsive", due to . noncompliance with hidding instructions; 3) award contract for construction of the Fritz Burns' Community Park - Phase I, Project No. 94-04 to the lowest, responsible bidder, D. M, Erickson Construction Co., of Escondido, California, in the amount of $2,188,245; 4) authorize staff to execute a contract change order with T, 1. Maloney to increase the scope of work to include construction support for the Fritz Burns Community Park _ Phase I; 5) authorize staff to execute a contract change order with Tri-Lakcs Consultants to increase the scope of work to include construction inspection for the Fritz Burns Community Park - Phase I; . 6) approve the revised Project Budgct of $2,882,522 for the construction of the Fritz Burns Community Park - Phase I; and 7) authorize staff to negotiate for Council approval Change Order No.1, eliminating the waterslide from the project. . Motion carried with Council Member McCartney and Mayor Pena ABSENT and Council Member Perkins ABSTAINING. MINUTE ORDER NO, 94-269, Council Member Perkins questioned the legality of the vote believing that there was a quorum involved with the discussion, but not a quorum on the vote because an abstention vote is not counted as a vote. . . City Council Minutes' 15 December 20., 1994 Ms. Honeywell advised that Council did have a quorum ,of three for the vote and a majority of that three voted in favor of the motion: therefore, there is a majority of the quorum, She added that an abstention vote goes with the majority vote. Council Member Perkins disagrced with Ms. Honeywell's decision and wished to see the matter investigated further. He advised that on a five-member Council there must be a minimum of three council members voting and believed that an abstention vote is not counted as a vote and that an individual does not have to give'a reason for an abstention. Ms. Honeywell advised the Council that they could accept action on the motion and direct the City Attorney to review the argument and if Council Member Perkins' opinion is found to be correct, the Council would then be unable to'carry-out the motion. In her legal opinion, Council Member Perkins' abstention vote, ,which was made after being present at the discussion, is counted with the majority, as opposed to Mayor Pena's abstention vote, who abstained from the discussion entirely because of a conflict of interest: he is not counted present, nor is his abstention vote counted as part of the quorum. Council Member Perkins offered information for the City Attorney to review concerning his stand on the issue. Ms. Honeywell advised the Council that they could move to reconsider the motion and continue the matter until the next meeting to provide her time to review the issue, MOTION - It was moved by Council Members Sniff/Bangerter to reconsider the motion regarding the Fritz Burns Community Park bid award, Council recessed to allow the City Attorney time to review the issue, Council reconvened, Ms. Honeywell advised that she had reviewed Council Member Perkins' material and believed the confusion is whether or not a council membcr is counted present for purposes of a quorum when abstaining from a vote, She believed that they are two separate issues and read from Roberts' Rules of Order regarding the calculating of votes which siatesthat "all votes are calculated on the basis of present voting members: with the right to vote, goes the right to abstain and abstentions have no affect on the calculation of the vote." She referred to another section that specifies that there is no requirement that a quorum vote be on any given motion and is entirely possible that members will abstain. The rule of the quorum is that the members must be present, not that they vote, and when there is a five-member Council.with three present, a quorum . is established because there is a majority present to vote. She was comfortable with Council proceeding with the motion as originally stated and that there was a vaIidly- formed quorum. . . City Cuuncil Minutes 16 December 20., 1994 The motion to reconsider the motion was withdrawn hy Council Members .Sniff and Bangerter. Council Member Perkins advised that hc still disagrcedwith the City Attorney, hut would accept the vote, . Council recessed to Closed Session and until the hour of 7:00 p,m. CLOSED SESSION 1. Conference with real property negotiator pursuant to Government Code Section 94956.8, regarding negotiations for proposed commercial development including price, term of payment for property located at the southwest corner of Highway III and Jefferson Street - Tim Ealey, negotiator for Midland Properties. 2, Conference with legal counsel concerning potential initiation of litigation pursuant to Government Code 54956,9(c) - four cases, 3. Conference with labor negotiator Tom Hartung, regarding negotiations with the La . ' Quinta City Employees Association pursuant to Government Code Section 54957.6 - Meet and Confer Process: 7:0.0. p.m, PUBLIC COMMENT- None PUBLIC HEARINGS - None BUSINESS SESSION,....,.......,continued 2. CONSIDERATION OF AUTHORIZATION TO RECEIVE BIDS FOR THE PALM ROYALE PARK - PHASE 1. Mr. Cosper, Public Works Director,advised that the Council's adopted Master Plan of August 1993 included a 4.65-acre park to be located on the west side of Adams Street between Fred Waring Drive and Miles Avenue at La Palma Drive. The park improvements include the following features and amenities: . . City Council Minutes 17 December 20., 1994 Phase I - . play areas and play equipmcnt . concretc walks . picnic tables, drinking fountain. & trash rccepticles . security lighting in play areas . landscaped buffer area adjaccnt to Adams Strcet & La Palma Phase 2 - . decomposed granite pathways . balance of walkway sccurity lighting . balance of trees and shrubs . shade structures and misting system . park benches . landscape buffer arca at south cnd of the park . water feature (palm tree shape) Mr. Cosper advised that thc estimatcd cost to complete the project is $210,0.0.0. which is approximately,$25,o.o.o. over the original cstimate because of the following reasons: the need to build a maintenance shed; play arcas needcd to be. expanded to accommodate the play equipment; and some of the landscaping and irrigation improvements that were originally proposed for Phasc 2 arc needed to be constructed in Phase I. The nuisance water handling facilitics have been shiftcd to Phase 2 because of the increased costs in Phase I. Staff proposes to award the bid on February 7th and the project is anticipated to be completed by June I, 1995. He adviscd that funding sources will bc addressed at the time thc bid is awarded. In response to. Mayor Pena, Me Cospcr advised that thc shed will be constructed of split- faced rock with a steel door. In response to Council Mcmber Pcrkins, Mr. Cosper advised that perimetcr landscaping has been designed to be low profilc so that patrol officcrs can see into the park. In response to Council Member Sniff, Mr. Cosper adviscd that he didn't have information on thc maintenancc costs rcadily available, but those costs have been developed into the lighting and landscape district funds, In response to Council Member Bangerter, Mr. Cosper advised that the play equipment will be colorful, durable plastic, Mr. Bohlen,. Parks and Recreation Director, advised that Landscape Structures is providing the play equipment and added that maintenance costs are estimated at $36,0.00 annually, . . City Council Minutes 18 December 20, 1994 MOTION - It was moved by Council Members Sniff/Bangerter to authorize staff to . advertize and receive construction bids for Phase I of the Palm Royale Park Improvement Project. Motion carried unanimously. MINUTE ORDER NO, 94-270. 3. CONSIDERATION OF AMENDMENT TO CHAPTER 5.64 OF THE LA QUINT A MUNICIPAL CODE REGARDING SPECIAL ADVERTISING DEVICES. Mr. Herman, Community Development Director, advised that Council requested staff to bring the Special Advertising Device regulations before the Council for consideration of possible amendments. Staff submitted a draft ordinance that gives staff the authority to review and approve subdivision nags and one speeial advertising banner with all other related requests being approved through the Planning Commission. He advised that the City has not charged fees for special advertising devices, but there is an allowance to do so in the regulations and staff recommended a resolution that establishes those fees. MOTION - It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 263 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 263. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, . CALIFORNIA, AMENDING CHAPTER 5.64 OF THE MUNICIPAL CODE REGULATING SPECIAL ADVERTISING DEVICES, MOTION - It was moved by Council Members Sniff/Bangerter to introduce Ordinance No. 263 on first reading, Motion carried unanimously, RESOLUTION NO, 94-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ESTABLISHING FEES RELATING TO SPECIAL ADVERTISING DEVICES APPLICATION REVIEW FEES. MOTION - It was moved by Council Members Sniff/B"angerter to adopt Resolution No, 78 as submitted. Motion carried uminimously. 4. CONSIDERATION OF RECOMMENDATION BY PARKS AND RECREATION COMMISSION REGARDING A FUNDING REQUEST BY COLLEEN REYNOLDS. Mr, Bohlen, Parks and Recreation Director" advised that the Parks and Reereation Commission reviewed the funding request by Colleen Reynolds and recommended denial of the request beeause the V.S, Figure-Skating Association has requested the Couneil to not fund individual skaters. . . City Council Minutes 19 December 20., 1994 MOTION - It was moved by Council Members Sniff/Bangerter to deny the request by Colleen Reynolds for funding assistance for a figurc skating training program. Motion carried unanimously. MINUTE ORDER NO. 94-271. 5. CONSIDERATION OF AUTHORIZATION TO UTILIZE THE CIVIC CENTER BY THE CALIFORNIA INTEGRATED WASTE :\IANAGEMENT BOARD, Mr. Hartung, Building and Safety Director, advised that the California Integrated Waste Management Board (CIWMB) has requested use of the Council Chambers for their February meeting. Their rcquest is not consistent with the City's guidelines because it's not a 5o.I(c) organization, the meeting will be more than eight hours in a one-month period, and, they request waiver of a security deposit. Staff recommended that the Council change the guidelines to allow the request to be approved. Ms. Honeywell, City Attorney, adviscd that the guidelines could he amended to allow "other public entities" as being permissible users and waive fees for such agencies. In response to Mayor Pena. Mr. Hartung adviscd that he didn't know if the proposed meeting is scheduled to be a public hearing, but it is one of six that they attempt to hold in various cities throughout the State of California. Council Member Sniff expressed concern about allowing governmental agenCies' to use" the facility without paying a fee because of the maintenance. cost involved. He advised that he had mixed cmotions about amending or waiving the City policy. In response to Mayor Pena, Ms, Honeywell advised that Council should set a criteria for waiving the fee. In response to Council Member Perkins, Ms. Honeywell advised that committees that the City belongs to, or is part of, are not in the same category and would not be affected. Council Member. Perkins advised that he supports the fee' waiver for governmental agencies because the facility is a "civic center" and he felt the $50.0. deposit is too high. He didn't have any problem with amending the facility-use guidelines to include governmental agencies. Mayor Pena concurred, believing that it would be a benefit to La Quinta's residents and noted that there aren't many facility-use requests. Ms. Honeywell advised that Council could amend the guidelines again in the future if it becomes burdensome. . . City Council Minutcs 20. December 20.. 1994 Council Member Sniff wished to have staff invcstigate other municipalities' guidelines and fees for use of their facilities, He felt that thc guidelines should be defined so that there is consistency. Mayor Pena suggested that Council move forward with the request. but ask staff to investigate the matter and give Council an update at the next meeting, Mr, Hartung reiteratcd. the recommended changes in thc guidelines and advised that CIWMB is under a deadline for distributing their agenda; therefore. they need a decision on their meeting place before Council's January 3rd meeting. Mr, Baker, Associate Planner. advised that CIWMB is a state-wide agency and they need time to distribute their agenda to their constituents so that they can make travel arrangements, They will be attending the Refuse Haulers Conference that is being held at the La Quinta Hotcl during that week. MOTION - It was moved by Council Members SnifflBangerter to amend thc facility-use guidelines and authorize the use of Council Chambers on February 22-23, 1995 by the California Integrated Waste Management Board. Ms. Honeywell advised that .staff .will take that to mean amend consistent with staff recommendations. Motion carried unanimously, MINUTE ORDER NO, 94-272. 6, SECOND READING OF ORDINANCES, ORDINANCE NO.258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOP1IENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPME~T LAW, It was moved by Council Members Sniff/Bangerter to adopt Ordinance No. 258 on 'seco~d reading. Motion carried by the following VOle: AYES: NOES: ABSTAIN: ABSENT: Council Members Bangerter. Perkins, Sniff. Mayor Pena None . None Council Member McCartney City Council Minutes . . 21 I December 20., 1994 ORDINANCE NO. 259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOP\IENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO, 2 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No. 259 on second reading. Motion carried by the following vote: . AYES: NOES: ABSTAIN: ABSENT: Council Members Bangerter, Perkins, Sniff, Mayor Pena ,None None Council Member McCartney ORDINANCE NO. 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION '11.92 OF THE MUNICIPAL CODE REGULATING FALSE ACTIVATIONS OF FIRE ALARMS, It was moved by Council Members Sniff/Bangerter to adopt Ordinance No, 260. on second readfng. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members'Bangerter, Perkins, Sniff, Mayor Pena ,None None Council Mcmber McCartney ORDINANCE NO. 261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60 OF THE LA QUINTA MUNICIPAL CODE - THE CITY'S CONFLICT OF INTEREST CODE, It was moved by Council Member Sniff and seconded by Mayor Pena to adopt Ordinance No. 261 on second reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Bangerter, Perkins, Sniff, Mayor Pena None None Council Member McCartney . . City Council Minutcs 22 Deccmber 20., 1994 ORDINANCE NO, 262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.145 Al'lD 9.146 OF THE LA QUlNTA MUNICIPAL CODE RELATINC; TO TRANSFER OF DEVELOPMENT RIGHTS, It was moved by Council Mcmbers Sniff/Bangcr((:r to adopt Ordinance No. 262 on second reading. Motion carried by thc following vote: AYES: NOES: ABSTAIN: ABSENT Council Mcmbcrs Bangcrtcr, Perkins. Sniff, Mayor Pena None None Council Mcmbcr McCartney CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 20,1994. 2.. AUTHORIZATION FOR TIlE CITY MANAGER TO SIGN A COOPERATIVE AGREEMENT WITII RIVERSIDE COUNTY FOR THE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. . 3,' AUTHORIZATION TO SEND TIlE DRAFT GENERAL PLAN HOUSING ELEMENT TO THE CALIFORNIA 'DEPARDIENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR REVIEW AND COMMENT. 4, APPROVAL OF OVERNIGHT TRAVEL FOR THE PARKS AND RECREATION DIRECTOR AND THE RECREATION SUPERVISOR TO ATTEND THE CPSRPC IN SAN JOSE, CALIFORNIA, MARCH 2-5, 1995. 5, AUTHORIZATION OF OVERNIGHT TRAVEL FOR THE ASSISTANT ENGINEER TO ATTEND THE BASICS OF TRAFFIC ENGINEERING FOR TECHNICIANS CLASS IN SAN DIEGO, CALIFORNIA, JANUARY 19-20, 1995. 6. . ADOPTION OF RESOLUTION APPROVING CABLE FRANCHISE EXTENSION. MOTION - It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended with Items No.2 and 6 being approved by RESOLUTION NOS. 94-79 and 94-80 respectively, Motion carried unanimously. MINUTE ORDER NO. 94-273. . . City Council Minutes 23 December 20, 1994 STUDY SESSION. 1. DISCUSSION OF PROCESS TO FILL COUNCIL VACANCY, Council Member Perkins advised that on January 3rd the Council must decide whether to'schedule a special election or make an appointment to fill the Council vacancy. Mayor Pena felt that Council should discuss the issue now to save time. Council Member Perkins favored the Council making an appointment after informing the public that the Council will be interviewing for the vacancy. Mayor Pena suggested considering residents who have already indicated a desire to fill the vacancy or request submission of applications. Council Member Sniff felt that the only reason to consider making an appointment is because of the short time frame before the next election. He would favor an election if the remaining time-period in the vacancy was for a longer period of time, but because of the short time involved he felt it was prudent for Council to make an appointment. He preferred that interested applicants submit a resume and make a presentation to the Council, thus allowing the Council an opportunity to interview them, Mayor Pena suggested that the presentations be done at a special meeting dedicated for that one purpose. Council Member Sniff felt that resumes should not be submitted prior to January 3rd when the resignation is effective. In response to,Council Member Perkins, Ms. Honeywell, City Attorney, suggested that Council could direct the City Clcrk how to proceed with the appointment process so that it can begin on January 3rd. A public announcement could be made. that the City is receiving applications assuming that Council Member McCartney's resignation becomes final on January 3rd. Council concurred on an application deadline of 5:0.0. p.m. on January 18th with a special meeting to be. held on January 24th and that the application should consist of a cover letter and resume from each applicant. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. . . City Council Minutes 24 December 20., 1994 DEPARTMENT REPORTS - Nom: MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Perkins expressed concern about the comingling of City and Redevelopment Agency funds, Mr. Genovese, City Manager; advised that the City does coming Ie the cash, but not the funds in the specific accounts. Council Member Perkins stated he had a problem with the funds not being in separate bank accounts, In response to Council Member Sniff. Mr. Genovese advised fhat there had been a Redevelopment Agency checking account in the past, but all the expenditures are handled by the City and the Agency reimburses the City; therefore comingling of the cash does not matter. CounCil Member Perkins expressed interest in becoming more knowledgable regarding these accounts. Council recessed to Redevelopment Agency meeting. Council .reconvened and recessed to closed session as delineated on Page 16. Council reconvened with no action being taken. There being no further business, the meeting was adjourned, AUNDRA L. HOLA, City Clerk City of La Quinta, California