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1996 10 15 CC Minutes, LA QUINTA CITY COUNCIL MINUTES October 15, 1996 egu ar meeting 0 t e a Cuinta City Council of October 15, 1 9 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None PUBLIC COMMENT Gertrude Cheney, 54-255 Avenida Carranza, spoke regarding the rights of hikers using the bike path versus bicyclists. She felt that bikes should have lights and some type of warning system to alert walkers when they are approaching. * * * * * * * * * * * Karl Keller, 53-965 Avenida Cortez, urged the Council to extend the allowed parking time for RV's in residential areas to 72 hours which he felt would be more in line with other communities and less inconvenient to RV users. He felt that having junk cars parked in the neighborhood was a bigger problem. He also spoke about dogs running loose and leaving their excrement on the bikepath. Mayor Holt advised that the Council would be taking another look at the RV issue and that the new parking restrictions wouldn't be enforced until that review has been completed. Tom Priestley, 44-300 Camino La Vanda, advised that he was told by the Planning Department in September 1995, that his property is not subject to the City's setback provisions because of their CC&R's. Therefore, he didn't feel that he was subject to the new RV parking restrictions. Mike Seems, 52-925 Avenida Bermudas, spoke against the RV parking restrictions, advising that when he constructed a parking pad and block wall for his RV, no one from the City told him that he wouldn't be able to park his RV there. John Klimkiewicz, 77-318 Calle Temecula, advised that he's been a resident for 20 years and didn't expect seniors to be penalized for owning RV's when he voted for incorporation. He felt that the ordinance is unfair. Jack Barth, 77-125 Calle Temecula, also spoke to the RV issue, advising that it's difficult to find a place to park RV's and he felt that there's worse blight in the City than RV's. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 2 October 1 5,1996 Martin Lemire, 78-227 Indigo Drive, commended those who worked on the Health Fair recently held at the Senior Center. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, advised of additional correspondence from SunLine Services Group and Mr. & Mrs. R. C. Pierce. Ms. Honeywell, City Attorney, advised Council of the probable need to conduct Closed Session Item No.2 prior to Study Session Item No.1. Council Member Adolph asked that Consent Calendar item No. 7 be moved to Business Session Item No.9. MOTION It was moved by Council Members Henderson/Adolph to move Consent Calendar Item No. 7 Contract Change Order No. 1 for PM1O-Funded Street Improvement Project) to Business Session Item No.9. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of October 1, 1996 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Pat Metheny, representing Ministrelli Construction and Painted Cove Development, presented a check to the City in the amount of $23,000 as their final payment for their share of costs for the Sports Complex lighting improvements. WRITTEN CORRESPONDENCE 1. LETTER FROM SMITH, PERONI, AND FOX REGARDING LOCATION OF TRAFFIC SIGNAL ON HIGHWAY 11 FOR HOME DEPOT. Council concurred on referring this correspondence to staff. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 3 October 15, 1996 BUSINESS SESSION CONSIDERATION OF REQUEST FROM THE LA QUINTA WRESTLING TEAM/CLUB FOR FINANCIAL ASSISTANCE. Mr. Weiss, Assistant City Manager, advised that the La Quinta Wrestling Team/Club has requested financial assistance in the amount of $16,000 for the purpose of purchasing wrestling mats. Counci Member Henderson felt that, although, this program is fulfilling a need, municipal tax dollars should stay within the service organization of the City and provide infrastructure needs and other special contingencies within the scope of City funding. She has spoken to the Desert Sands Unified School District Board President who fully supports the scheduling of a joint meeting between the City Council and School District Board to review the funding requests and criteria used for distribution of District funds. She feit that it was inappropriate for the request from the La Quinta High School Blackhawk Brigade Boosters to be on DSUSD letterhead and advised that she would not support this request until other funding options are explored. Mayor Holt supported the idea of a joint meeting. She wouldn't support the amount requested, but felt that some assistance should be given to help get the wrestling program started. She felt that it's an appropriate use of the Special Projects Contingency Fund Account and that the City should continue to support youths *at risk." Council Member Adolph advised that he couldn't support this request because the City's funds are limited and we recently gave $7,320 to the high school band. Council Member Sniff supported having a joint meeting as soon as possible and felt that the City should be prudent in spending money. However, he supported giving the wrestling team a modest grant in the amount of $2,000. Council Member Perkins was concerned about giving funds to another entity, pointing out that it's the second funding request this year from a school program. He supported having a joint meeting to find out if there will be additional requests, but was concerned about giving all of the grant money to the School District and none being left for other organizations. Mayor Holt advised that the grants are for the students and not the School District and they're to help get new programs going, not ongoing requests. She supported setting up a joint meeting to find out how the City can help the BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 4 October 1 5,1996 District get more involved and get these programs underway, but also felt bad about not helping the wrestling team at all. She felt that the Council would be remiss if they fail to help. MOTION It was moved by Council Member Sniff/Mayor Holt to provide a $2,000 grant to the La Quinta High School Wrestling Team for the purchase of wrestling mats with funding from the Special Projects Contingency Account and direct staff to set up a joint meeting between the Council and Desert Sands Unified School District Board at an early date. Council Member Henderson pointed Out that the Special Projects Contingency Fund is not a grant program earmarked only for organizations, but can also be used for such things as small infrastructure projects. She advised that she wouldn't support the motion and strongly urged Council to meet with the School District first to find out what parody they have in their funding. She questioned the fairness of giving $7,320 to the band and only $2,000 to the wrestling team, adding that she originally supported giving the band $2,500 in an effort to keep the amounts low. She felt that the funds should be used for things such as the recent Oktoberfest event, noting that the City supported it with $1,450 and it was attended by nearly 4,000 people. She urged Council to consider a policy for use of these funds. Motion tailed with Council Members Adolph, Henderson, and Perkins voting NO. MOTION It was moved by Council Members Sniff/Adolph to hold the request of the La Quinta High School Wrestling Team/Club in abeyance until staff can set up a joint meeting with the Desert Sands Unified School District Board and the La Quinta City Council. Motion carried unanimously. MINUTE ORDER NO. 96-155. 2. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF SETBACK ADJUSTMENT 96-394 FOR THE FRONT AND INTERIOR AND EXTERIOR GARAGE) SIDE YARD OF A SINGLE-FAMILY RESIDENCE IN THE RC ZONE LOCATED ON THE SOUTHWEST CORNER OF CALLE POTRERO AND AVENIDA JUAREZ. APPELLANT: MR. & MRS. R. C. PIERCE. Ms. Honeywell, City Attorney, advised that Mr. & Mrs. R. C. Pierce have withdrawn their appeal, but denial of the appeal is necessary to avoid it being deemed approved due to the Permit Streamlining Act. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 5 October 15, 1996 MOTION It was moved by Council Members Sniff/Adolph to deny the appeal of Mr. & Mrs. R. C. Pierce and uphold the decision of the Planning Commission on Setback Adjustment 96-394. Motion carried unanimously. MINUTE ORDER NO.96-156. 3. CONSIDERATION OF ADOPTION OF AN INTERIM ZONING ORDINANCE AS AN URGENCY MEASURE REGARDING THE PLACEMENT OF TEMPORARY SIGNS FOR COMMERCIAL BUSINESSES DURING THE PERIOD OF A PUBLIC WORKS CONTRACT WHERE THE INGRESS AND EGRESS POINTS HAVE BEEN INTERRUPTED. Mr. Herman, Community Development Director, advised that the urgency ordinance would suspend the fees and regulations for temporary signage during any public works road-construction contract activity that lasts for more than 90 days and includes street frontage of more than 3,000 feet. Staff recommended that the urgency ordinance be adopted and that Council refer the matter back to the Planning Commission for a public hearing process. He advised that the urgency ordinance would be in effect for 45 days and that an extension will be needed if the public hearing process is not completed within that time. In response to Council Member Henderson, Mr. Herman advised that the 90- day limit could be reduced, but was set to identify long-term contracts. Council Member Henderson questioned the 90-day limit, noting that a 30 or 45-day construction period could affect businesses if it takes place during an active retail season. Council Member Sniff agreed and suggested a 45-day limit. It was moved by Council Members Sniff/Adolph to take up Ordinance No.286 as an urgency measure by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.286 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA. AMENDING TITLE 9. CHAPTER 9.160 OF THE MUNICIPAL CODE BY ADDING SECTION 9.160.060 I, REGARDING THE PLACEMENT OF TEMPORARY SIGNS DURING THE CONSTRUCTION OF THE DEPARTMENT OF PUBLIC WORKS PROJECTS IN CITY RIGHT-OF-WAY AFFECTING INGRESS AND EGRESS TO EXISTING BUSINESSES. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 6 October 15, 1996 It was moved by Council Members Sniff/Henderson to adopt Urgency Ordinance No.286 as amended changing the 90 days to 45 days). Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 4. CONSIDERATION AND AUTHORIZATION TO SEND OUT A REQUEST FOR PROPOSALS FOR CONSULTING SERVICES TO ASSIST STAFF IN UPDATING THE CITY'S GENERAL PLAN AND APPOINT A SELECTION COMMITTEE. Ms. di Iorio, Planning Manager, advised that the purpose of the RFP is to hire a consultant to help prepare a five-year update of the City's 1992 General Plan. The Planning Commission has asked that a Commissioner be appointed to the Selection Committee and recommends that joint workshops be held. In response to Council Member Henderson, Mr. Herman, Community Development Director, advised that the consultant would meet with each Council Member individually during the update process. Council Member Henderson preferred appointing a Council Member to observe only on the Selection Committee. Council Member Perkins felt that the Planning Commission appointee should only observe also. Council Members Henderson and Adolph didn't have a problem with the Planning Commission participating in the process. Council Member Henderson volunteered to serve as the Council's observer of the selection process. Council Member Perkins questioned having a Council Member observe the process while a Planning Commissioner participates and advised that he would support both being observers. Council Member Sniff supported Council Member Henderson being appointed as an observer, but didnt feel that the Planning Commission should be involved in the Selection Committee process at all. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 7 October 15, 1996 Council concurred on allowing the Planning Commission to appoint an observer to the selection process. MOTION It was moved by Council Members Sniff/Adolph to approve the Request for Proposals for consultant services to update the General Plan, authorize staff to initiate the consultant-selection process to contract for professional services, and appoint Council Member Henderson to observe the selection process and to request the Planning Commission to appoint a member of their body to also observe the process. Motion carried unanimously. MINUTE ORDER NO.96-157. 5. CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF SENIOR CENTER PARKING LOT EXPANSION. PROJECT NO.96-03. Mr. Freeland, Senior Engineer, advised that in July 1 995, the County Board of Supervisors approved $137,241 in funding for the Senior Center Parking Lot Expansion Project and in January 1996, RBF was hired to prepare the plans, specifications, and engineers estimate for the project. He reviewed the scheduled improvements for the two phases and advised that bids were opened on October 4, 1996, with Contreras Construction submitting the apparent low bid of $174,514. Construction is scheduled to begin in November and be completed in January. If Council awards the contract for Phase I only, the total cost will be $154,736 and an additional appropriation of funds in the amount of $7,195 will be necessary as well as a future re-bid process to complete Phase II. If both phases of the project are included in the award of contract, the total cost will be $214,891 and will require an additional appropriation of funding in the amount of $67,350. Council Member Henderson supported moving forward with both phases, noting the number of activities taking place at the Senior Center and the fact that it will help in finishing the Civic Center Campus. She felt the funds should be taken from existing $180,000 of uncommitted infrastructure funds. Council Member Sniff concurred. In response to Council Member Adolph, Mr. Freeland advised that the project would include curbing and landscaping, but no wall. Additional shade structures can be added to the modular system as funding becomes available. Audrey Ostrowsky, P.O. Box 351, questioned why the City gives money to non-profit organizations, but doesn't seem to have funds to finish street improvements in the Cove which affects property values. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 8 October 15, 1996 In response to Mr. Genovese, City Manager, Council Member Henderson clarified her wish to use the uncommitted infrastructure funds that are set aside for various park improvements. MOTION It was moved by Council Members Sniff/Henderson to award a contract to Contreras Construction Company in the amount of $174,514 for Phase I and Phase II of construction of the Senior Center Parking Lot Expansion, Project No.96-03, and appropriate additional infrastructure funds in the amount of 67,350. Motion carried unanimously. MINUTE ORDER NO. 96-158. Council Member Henderson wished to clarify that the Senior Center is not a non-profit organization, but rather a part of the City and Civic Center Campus. Council Member Sniff pointed out also that it was built almost entirely from CDBG funds. 6. CONSIDERATION OF AMENDMENT TO THE LA QUINTA MUNICIPAL CODE AMENDING TITLE 2. CHAPTERS 2.06, 2.29, 2.65.2.70.2.80. 2.85.2.90, TITLE 7, CHAPTER 7.04, AND REVOKING TITLE 9, CHAPTER 9.12 REGARDING BOARDS AND COMMISSIONS.. Mr. Weiss, Assistant City Manager, advised that on September 17, 1996, Council discussed ways to standardize the language within the City Code with respect to Boards and Commissions. The changes discussed were in reference to term limits, election of officers, definition of a quorum, compensation, and establishment of meetings. Housing duties have also been eliminated from the duties of the Human Services Commission per their request. He advised that the ordinance does not address individual duties of the Boards and Commissions and that the communication issue would be addressed during Councils upcoming review of the handbook, noting that the Investment Advisory Board has indicated that as a special area of interest to them. Council Member Henderson has many concerns with the ordinances and asked if the ordinances would be addressed on an individual basis at a later date. One such concern that she wished to see addressed at this time is dual membership, noting that the Commissions were established for the purpose of obtaining as much community input as possible. Council Member Adolph felt that unique situations could exist, pointing Out that Stewart Woodard serves on both the Planning Commission and Historic BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 9 October 1 5, 1996 Preservation Commission and the professional position required on the Historic Preservation Commission could be difficult to fill sometimes. Council Member Henderson stated that the ordinance was amended to allow the professional position to be filled by nonLa Quinta residents if necessary and noted that Mr. Woodard's position on the Historic Preservation Commission is not the professional position. Since he has a strong desire to serve on the Planning Commission, she felt that his position on the Historic Preservation Commission should be opened up to others in the community and if it becomes difficult to fill the professional position in the future, the Council could look at what could be done. Council Member Sniff agreed with Council Member Henderson and supported limiting a person to one Commission seat to make the memberships as broad based as possible. Council concurred. Council Member Henderson felt that other issues should be dealt with at some point such as determining whether the Commissions should be made up of five or seven members. She also pointed out that the Human Services Commission is taking a look at their ordinance as it relates to services being provided by the Senior Center. Council concurred on reviewing the ordinances further at an early date. In response to Council Member Adolph, Mr. Weiss advised that one Commission is currently functioning with only six members and another one with five. It was moved by Council Members Sniff/Adolph to take up Ordinance No.287 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, AMENDING TITLE 2. CHAPTERS 2.06. 2.29.2.65.2.70.2.80. 2.85.2.90. TITLE 7. CHAPTER 7.04, AND TITLE 9. REVOKING CHAPTER 9.12. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 10 October lb, 1996 It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 287 on first reading 85 amended. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 7. 7.a CONSIDERATION OF AMENDMENT TO THE LA QUINTA MUNICIPAL CODE AMENDING CHAPTER 3.12 RELATING TO PURCHASES. AMENDiNG SECTIONS 3.12.030 PURCHASING AGENT), 3.12.120 FORMAL SEALED BID PROCEDURE), 3.12.230 OPEN MARKET OR INFORMAL BID PROCEDURE), AND 3.12.270 EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS) TO INCREASE DOLLAR THRESHOLD AMOUNTS. 7.b CONSIDERATION OF RESOLUTION AMENDING THE PROCEDURES. RULES, AND REGULATIONS GOVERNING THE SOLICITATION AND SELECTION OF FIRMS AND AWARD OF CONTRACTS FOR THE FURNISHING OF PERSONAL SERVICES, PROFESSIONAL OR CONSULTING SERVICES. OR OTHER CONTRACTUAL SERVICES WHICH ARE NOT SUBJECT TO THE FORMAL BIDDING PROCEDURES PRESCRIBED IN THE LA QUINTA MUNICIPAL CODE. Mr. Weiss, Assistant City Manager, advised that the proposed ordinance and resolution are the result of Council's discussions on September 17, 1996 to raise the trigger" figure for implementing the full consultant-selection process and the City Manager's signature authority. He reviewed the changes as follows: 1) up to $2,500 City Manager/Purchasing Agent selects and approves purchase/contract without any bidding procedure; 2) $2,501-$10,000 City Manager/Purchasing Agent selects and approves purchase/contract with informal bidding procedure; 3) $10,001-$25,00O City Manager/Purchasing Agent selects vendor/consultant and City Council awards contract; requires informal bidding procedure; and 4) $25,001 and up formal consultant selection/purchase process is required. It was moved by Council Members Sniff/Adolph to take up Ordinance No.288 by title and number only and waive further reading. Motion carried unanimously. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 11 October 15, 1996 ORDINANCE NO.288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA. AMENDING CHAPTER 3.12 RELATING TO PURCHASES, AMENDING SECTIONS 3.12.030 PURCHASING AGENT), 3.12.120 FORMAL SEALED BID PROCEDURE), 3.12.230 OPEN MARKET OR INFORMAL BID PROCEDURE), AND 3.12.270 EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS) TO INCREASE DOLLAR THRESHOLD AMOUNTS. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 288 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.96-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PRESCRIBING THE PROCEDURES, RULES, AND REGULATIONS GOVERNING THE SOLICITATION AND SELECTION OF FIRMS AND AWARD OF CONTRACTS FOR THE FURNISHING OF PERSONAL SERVICES, PROFESSIONAL OR CONSULTING SERVICES, OR OTHER CONTRACTUAL SERVICES WHICH ARE NOT SUBJECT TO THE FORMAL BIDDING PROCEDURES PRESCRIBED IN SUBSECTIONS 3.12.120 THROUGH 3.12.260 OF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Adoiph to adopt Resolution No.96-80 as submitted. Motion carried unanimously. Council concurred on taking up the Consent Calendar at this time. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED OCTOBER 15.1996. 2. TRANSMITTAL OF TREASURY REPORT DATED AUGUST 31, 1996 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. 3. DENIAL OF CLAIM FOR DAMAGES BY KEVIN ROY ARONDS AND ROY R. ARONDS, DATE OF LOSS, SEPTEMBER 13, 1995. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 12 October 1 5, 1996 4. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE CONSTRUCTION OF LA FONDA STREET IMPROVEMENTS AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB LA QUINTA UNIT. 5. ADOPTION OF RESOLUTION ALLOWING TEMPORARY CLOSURE OF A PORTION OF WASHINGTON STREET AND AVENUE 52 AND APPROVAL TO USE THE CIVIC CENTER PARKING LOT AREA FOR THE 14TH ANNUAL LA QUINTA CHAMBER OF COMMERCE 5K/lOK RUN AND TWO-MILE WALK ON NOVEMBER 10, 1996. APPLICANT: LA QUINTA CHAMBER OF COMMERCE. 6. APPROVAL OF CONTRACT CHANGE ORDER NO.96-07-02 FOR SIGNAL INTERCONNECT ON HIGHWAY 111. 7. SEE BUSINESS SESSION ITEM NO.9. 8. APPROVAL OF FINAL TRACT MAP 28343 AND RELATED SUBDIVISION IMPROVEMENT AGREEMENT RANCHO LA QUINTA, T. D. DESERT DEVELOPMENT. MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with Item No. 5 being approved by RESOLUTION NO.96-81. Motion carried unanimously. MINUTE ORDER NO.96-159. Mayor Holt asked if the Council wished to continue Study Session Item No. 1 to the evening session in reference to the City Attorney's earlier comments regarding Council.going into Closed Session to determine if they wish to discuss the issue in Closed Session prior to the Study Session. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that under the Brown Act, Council can go into Closed Session to decide whether or not a Closed Session is appropriate. Council Member Henderson didn't see any need to go into Closed Session at all. Ms. Honeywell advised that Council has been asked to keep some information confidential and she felt that the Council needed to make that determination. Council Member Perkins advised that most of his information came from the newspaper and he saw no reason to go into Closed Session. He felt that the information should be discussed openly BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 , City Council Minutes 13 October 15, 1996 Council Member Adolph pointed out that Council received preliminary information in February and two MOU's and he felt that Council should determine what is appropriate to discuss. Council Member Perkins advised that the potential takeover of a utility company has been reported in the newspaper and, therefore, he didn't feel that it's any longer protected by closed meetings. He further felt that Council should discuss whether or not they wish to get involved with the operation of a utility company. Council Member Henderson asked if the City Attorney would be able to give Council a determination regarding their ability to discuss the MOU's that have been marked confidential to which Ms. Honeywell responded that she would be able to give her opinion on the effect of that discussion. Council concurred on moving on to Study Session Item No.1 at the conclusion of the Business Session. BUSINESS SESSION...................continued 8. INTERVIEW OF APPLICANTS FOR THE PLANNING COMMISSION AND CONSIDERATION OF APPOINTMENT. Mrs. Juhola, City Clerk, advised that the City has received six applications for the unexpired term of Paul Anderson on the Planning Commission and that all six applicants have indicated that they would be present for the interview process. At this time the following applicants gave a brief presentation on their qualifications and background: Joyce Simmons Pena Steven Robbins J. Richard Santo B. J. Seaton Alonso Silva and Thomas H. Iveit were not present to give presentations. MOTION It was moved by Council Members Sniff/Adolph to appoint B. J. Seaton to the unexpired term expiring June 30, 1997 on the Planning Commission. Motion carried unanimously. MINUTE ORDER NO.96-160. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 14 October lb, 1996 9. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO 1 TO BERRYMAN & HENIGAR PROFESSIONAL SERVICES CONTRACT FOR DESIGN OF PM 10-FUNDED STREET IMPROVEMENTS. Council Member Adolph advised that he continues to not support the number of traffic signals being installed on Washington Street between Highway 111 and Avenue 52 and would, therefore, not support this request MOTION It was moved by Council Members Sniff/Henderson to approve the execution of Change Order No. 1 to the Berryman & Henigar Professional Services Agreement for the design of PM1O street improvements which will delete design services for Project Nos. 2 and 4 totaling $19,261 and add design of the PM1 0 project totaling $31,370. Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO.96-161. STUDY SESSION DISCUSSION OF SUNLINE SERVICES GROUP PROPOSAL TO PROVIDE POWER SERVICE. Mr. Genovese, City Manager, advised that the draft MOU is the only information provided by SunLine Services Group for Council's review. Michael Clinton, 333 E. Barioni Blvd, Imperial, General Manager of Imperial Irrigation District lID), referred to Desert Sun's newspaper article reporting a potential takeover of lID by $unLine Services Group and advised that lID is a public entity whose facilities are owned by the public and any such facilities that are used for public purposes cannot be taken over for another similar public purpose such as the distribution of electricity by any investor-owned utility or another public entity such as a City or JPA. He advised that lID has not been approached to sell their system and he felt that any action would be met with a negative response by their Board. lID is sensitive to communication and meeting the needs of the community and has recently expanded the number of Coachella Valley representatives on their Power Consumers Advisory Committee. He expects the Board to renew its commitment to continue providing reliable electric service and rates equal to the cost of service. Due to their integrated facilities, all parts are dependent on the rest and receive comparable service at consistent rates. They are committed to providing an updated system and plan to reduce commercial/industrial rates to a cost-base level over the next five years through cost reduction measures at all levels. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 1 5 October 15, 1996 In response to Mayor Holt, Mr. Clinton advised that one position on their Board of Directors will be replaced in December 1996 as a result of this year's election. In response to Council Member Adolph, Mr. Clinton advised that they have been heavily involved with the deregulation issue and are available to answer questions on how they plan to respond to it. John Wyatt, 2e100 Menifee Rd, Romoland, Region Manager of Southern California Edison Company, advised that they, too, are eager to learn about any proposed takeover and they recognize that any municipalization of power would be between the City and lID, however, the plan submitted involves cities that are within Edison's service area. He advised that any government municipalization of Edison would be very costly and involve great risks, noting that under deregulation, customers will have the ability to choose their electric provider and may not choose the City to be their provider. Council Member Sniff asked Mayor Holt and Council Member Adolph to brief Council on any information they've received relative to this issue during their participation in meetings with the SunLine Services Group, noting that any confidentiality that previously existed has now been breached by the newspaper. Mayor Holt advised that each of her encounters as an observer on this issue have been different with no details presented in writing and added that she failed to understand much of what was presented verbally. Council Member Adolph advised that In February 1996, shortly after his appointment to SunLine Services Group, a proposal was submitted to SunLine by a group that wished to prepare a feasibility study regarding the possibility of SunLine getting involved with a utility company and providing electrical service to cities in the valley. The City was under no obligation whatsoever and in response to his concerns, he was guaranteed that La Quinta's rates would not increase nor would rates be lowered in the western part of the valley served by Edison at the expense of increased rates for La Quinta. The group advised SunLine last month that they were close to finalizing a contract and wished to have an MQU signed. A draft MOU was presented to the City Manager and City Attorney and after some City concerns were relayed to SunLine's legal counsel, the MOU was rewritten. The opinion of SunLine's legal counsel is that this issue must be discussed in closed session because of potential litigation should this process move forward. He felt there were a lot of questions to be answered, but pointed Out that the City can walk away at any time and is not committed until a contract is signed. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 16 October 15, 1996 Council Member Perkins questioned the number of Council representatives that attended the SunLine meetings. Mayor Holt advised that each City was asked to notice the meeting and have full Council participation, but only one city had more than two Counci Members present. Council Member Perkins felt that an impression had been given that something sinister was taking place because of the secrecy involved and then the newspaper reports that the City is intending to begin negotiations for control of electrical services. He referred to portions of the newspaper article, including the list of possible" SunLine partners and noted that none of them are local agencies. He was concerned about the possibility of electrical rates averaging out in the valley with liD's rates increasing and Edison's decreasing and noted that liD's rates are currently about 50% less than Edison's. He was concerned about the manner in which this issue came to light and was upset about the City being placed in this situation without the issue ever coming before the Council. He wished to have some type of assurance that this City is not interested in taking over a public utility. In response to Council Member Sniff, Council Member Adolph advised that he has not received any written reports and any indication of intent regarding lID or Edison was given in confidence in a closed session. He asked the City Attorney if he could divulge that information to which she advised that he was not under any obligation and would have to answer according to his own conscience. Council Member Sniff felt that Council-appointed representatives have a responsibility to keep the Council informed and pointed out that any confidentiality that previously existed has been breached in the newspaper and he asked Council Member Adolph by what mechanism the City could walk away." Council Member Adolph advised that the City would not be under any obligation and its only connection to the potential takeover would be its representation on the JPA. He was not aware of any need for the City to exercise any eminent domain regarding this issue and advised that it's up to the Council to approve or disapprove the MOU. The only issue he has voted on is allowance of the feasibility study and everything else has been verbal up to the submittal of the MOU. He didn't feel that it's feasible for Council to evaluate and make a decision on the Mou prior to October 30th which is when it's scheduled to be dealt with by SunLine. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 17 October 1 5, 1996 Mayor Holt was concerned about the fast-tracking of this project and advised that there was a lot of disturbance at the meeting due to questions not being answered as well as an implication that the three cities on the east side of the valley could be forced into this simply by a majority vote. Council Member Sniff asked the City Attorney if the City could walk away from this attempted takeover and end any involvement whatsoever at this time. Ms. Honeywell, City Attorney, advised that, in theory, SunLine would need an implementation agreement to move forward with this since their current authority does not include being an electric company. A withdrawal from membership in SunLine Services Group for the purpose of insuring that the City is not a part of this venture requires a six-month notice of termination which may be insufficient time given the fast-track nature of this project. However, the City will have an opportunity to decide if they wish to be a part of this group if SunLine forms an implementation agreement. It seems they are trying to enter into the MOU as SunLine Services Group at the present time and she felt that they are probably waiting on the implementation agreement until they are assured of a deal. Mayor Holt was concerned that liD's Board may be aware of something that management doesn't know and that's why she asked about any upcoming changes to the Board membership, noting that that could account for the project being fast-tracked. Council Member Henderson pointed out that a public-owned utility is regulated by a City Council or Board of Directors that is elected by the people and answers to the people. In a JPA, each representative individually represents an entire Council. She felt that this issue has moved much too rapidly within private meetings and has created a cloud over its own existence by not allowing the full Council to judge its merit openly. She felt that Council Member Adolph should be directed by this Council to not participate in any more closed session meetings and to encourage SunLine to go public with this issue so that everyone knows what is going on. Council Member Adolph advised that he has encouraged them to go public, but was told by Mr. Cromwell that their attorney advises against it until all questions have been resolved. Council Member Henderson pointed out that Mr Cromwell's directive Board is the JPA which this Council Sits on and this Council feels that the issue should be made open to the public. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 18 October 15, 1996 Council Member Adolph advised that he would do whatever Council directs, noting that his only concern has been to protect the City. Council Member Sniff pointed out that the process will continue with or without Council Member Adolph's participation and he felt that this Council should speak up and let SunLine know that La Quinta will not support this movement in absence of complete written information Mayor Holt advised that other cities share the same concerns. Council concurred on directing Council Member Adolph City's representative on the SunLine Board) to not participate in any further Closed Session meetings on the issue of providing power service and on directing staff to prepare a letter to SunLine Services Group that this City Council does not support the process and without adequate information, cannot support the proposal and, if necessary, will withdraw from the organization. Council Member Adolph advised that he has informed SunLine that he will not vote for the MOU without Council direction and they are looking to get approval of the MOU at their October 30th meeting which he will not be attending because of Council's own scheduled Study Session meeting. Council Member Sniff expressed appreciation to lID for the great job they've done in providing good rates and service for a long time. 2. DISCUSSION OF THE REGULATIONS REGARDING THE STORAGE AND/OR PARKING OF RECREATIONAL VEHICLES. Council Member Perkins suggested that this issue be referred back to the Planning Commission and that any individual comments or suggestions from Council be torwarded to staff. Council concurred. Mayor Holt advised the audience that the new RV restrictions would not be enforced until the Planning Commission and Council have completed their public hearings on this issue. Council Member Sniff suggested that the public comments received by Council be made available to the Planning Commission. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 19 October 15, 1996 After discussing various ways in which to notify the public of the public hearing dates, Council concurred on directing staff to mail a notice to the occupant of each City address in addition to the newspaper publication. The notice will include the public hearing dates for both Planning Commission and Council. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with legal counsel regarding on-going litigation: Granite Construction, Case No. 086195 pursuant to Government Code Section 54956.9(a). 2. Conference with legal counsel regarding anticipated litigation where there is significant exposure to litigation under Government Code Section 54956.9(b)2 to decide whether a Closed Session is authorized. 3. Conference with Citys real property negotiator pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at Lot 190 of Desert Club Tract Unit No. 5 southeast corner ot Avenida La Fonda and Washington Street. Property Owner Negotiator: Jerry Herman. 7 gO P M PUBLIC COMMENT Ned Millis, 54-785 Avenida Ramirez, President of the La Quinta Historical Society, expressed appreciation for the City's continued support and invited everyone to attend their upcoming event at Hacienda de Gato. He advised that they were giving away a free limousine ride to the event and asked Mayor Holt to assist him with the drawing. * * * * * * * * * * * * * Tom Cullinan, 73-385 Juniper, Palm Desert, spoke regarding the opportunity to promote La Quinta during the upcoming Skins Game at Rancho La Quinta and advised that John Pena will be assisting them in pinpointing organizations to help in this effort. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 20 October 15, 1996 John Pena, 51-910 Avenida Navarro, advised that Rancho La Quinta wishes to make this a regional effort rather than a City effort given the limited resources of the City and they plan to contact businesses throughout Coachella Valley that will benefit from the event, hoping to get other cities to participate in the advertising. They expect a TV audience of 10 million viewers and feel that it's a great opportunity for the entire valley to shine and increase tourism. They wish for La Quinta to be the lead agency in bringing this opportunity before the Convention and Visitors Bureau CVB) during the next two weeks and plan to come back with a proposal for Council's consideration. Mayor Holt advised that the next CVB meeting would not be held until November. In response to Council Member Sniff, Mr. Fena advised that the amount of money needed will depend on the number of cities that participate in the four minutes of air time allowed. * * * * * * * * * * * * Nacho Gonzales, 52-650 Eisenhower Drive, questioned why the median landscaping on Eisenhower Drive has not been completed. PUBLIC HEARINGS 1. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON THE 1997/98 TAX ROLLS: A. PEREZ, RUTILIO & BERTHA APN 773-301-021 $187.50 B. BECKER, JOHN APN 773-263-009 $187.50 C. DOHERTY. THOMAS APN 773-215-020 $187.50 D. CHAZAN. GERALD. INC. APN 773-215-021 $187.50 E. MOORE, LOUIS & ANNA APN 773-275-009 $187.50 F. PATTON, JAMES J. & EILEEN APN 773-271-005 $187.50 G. OVERSTREET. EMILY APN 773-271-006 $187.50 H. TECTONIC CONSTRUCTION APN 773-324-006 $187.50 I. KOHLER, JOHN & CLARA APN 773-262-002 $187.50 J. YERGER. RICHARD APN 773-325-006 $187.50 APN 773-325-007 $187.50 K. MONTEMAYOR. BLANCA APN 773-144-021 $125.00 L. BURK. JAMES & VALENTINA APN 774-084-004 $187.50 M. MEREDITH. ROGER & SUSANNE APN 774-034-024 $187.50 N. BRISCOE. DON & BILLIE APN 774-212-015 $187.50 0. KNOWLES, BILLIE APN 774-051-021 $187.50 P. PATTERSON, THEODORA APN 774-282-002 $187.50 Q. STEVENSON. LEONARD K. APN 774-174-017 $187.50 R. RILEY. WILLIAM R. APN 774-084-006 $187.50 BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 21 October 15, 1996 Mr. Hartung, Building & Safety Director, advised that Item Nos. I and P have been paid and recommended that the cost of the remaining abatements be placed on the 1997/98 tax rolls. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-82 as amended. Motion carried unanimously. 2. VACATION 96-032 VACATION OF A PORTION OF AN OFFER OF PUBLIC UTILITY AND DRAINAGE EASEMENT DEDICATION IN TRACT MAP 2176. The Mayor declared the PUBLIC HEARING OPEN. Mr. Speer, Senior Engineer, advised that the public utility and drainage easement under discussion is located on the west side of La Quinta Polo Estates and conflicts with the tennis-court construction that the applicant proposes. A drainage easement was reserved on the tract in 1987, but no improvements have been made and water runoff currently drains to surrounding properties. The Municipal Code requires lots of this size to retain water runoff in either a common retention basin in the tract or on their individual lots in a shallow with the Homeowners Assocition being the enforcement agency. An easement must also be granted to the City in the event that the HOA fails to maintain the retention basin and the maintenance costs would be the responsibility of the homeowners. The conditions of approval require undeveloped lots to construct on-site retention basins upon development. The existing developed lots are not required to construct retention basins, but are responsible for any damage to off-site properties caused by runoff from their property. The proposed vacation will apply only to the 10 feet on the east side of the easement and the City will be a third- party beneficiary of the CC&R's to protect against any CC&R changes that may affect this aspect of the drainage. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 22 October 1 5, 1996 There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF AN OFFER OF PUBLIC UTILITY AND DRAINAGE EASEMENT DEDICATION IN TRACT MAP NO.21176. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-83 as submitted. Motion carried unanimously. STUDY SESSION......................continued 3. DISCUSSION OF REVISIONS TO THE GENERAL CONDITIONS OF THE ClTYS PUBLIC WORKS CONTRACT DOCUMENTS REGARDING LIQUIDATED DAMAGES. Mr. Freeland, Senior Engineer, advised that the City is currently able to recover some of the damages incurred when a contractor fails to complete a project by the specified completion date, but such recoveries are usually limited to contract inspections that are quantified and don't include staff time, overhead costs, or intangibles. The City saves money when a project is completed ahead of schedule because it allows other projects to move forward and eliminates additional contract costs and intangible damages. He advised that the Standard Specifications for Public Works Construction specifies minimum liquidated damages at $250 per day and he presented a breakdown of the administrative-support costs for public works projects. The proposed bonus/penalty of $500/day is based on a peFworking-day basis and would only apply to contracts of 00,00O or more with a minimum completion time of 90 days. The proposal will require no additional budgeting for early completions as such costs can be funded from the project line item for administration. Staff recommended approval of an additional clause in the contract which would allow a $500/day bonus for early completion and $500/day penalty for late completion of a project. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that during previous discussions on this issue, Council wasn't able to add a bonus or penalty because those discussions were related to existing projects, but this action will add a bonus/penalty clause to new contracts that go Out to bid. She further advised that a bonus would not be considered a gift of public funds because of the documentation of staff time incurred on a project. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 23 October 15, 1996 In response to Council Member Perkins, Mr. Freeland advised that Council could set a maximum bonus amount, but due to the timeframes placed on projects by staff, it's difficult for contractors to finish projects too early. Mr. Cosper, Public Works Director, pointed out that the $100,000 and 90-day limitations would prevent the City from owing more than what the contract is worth. Council Member Perkins felt comfortable with the proposal. In response to Council Member Adolph, Mr. Cosper advised that a project completion time is set by the City prior to the project going out to bid and that completion time becomes a part of the contract specifications. The completion time is based on staff's engineering estimate of what the project should take. In response to Council Member Henderson, Ms. Honeywell advised that it would be easier to defend if the bonus and penalty base amounts are the same. Council Member Henderson felt that a $500 bonus was insufficient incentive for a million-dollar project and wished to see a double-level established so that projects of $250,000 or more would have a greater bonus incentive. Mr. Cosper advised that the bonus amount must be supported by documentation much like the penalty for liquidated damages to avoid it being interpreted as a gift of public funds. He felt that dollar for doFlar percentage wise, the daily staff-time costs are the same for a $100,000 or $600,000 project. Council Member Sniff was in favor of trying it and making adjustments later if needed. Council Member Henderson didn't have a problem with the proposal, but wished to look at it further as it relates to significantly larger projects. Council Member Perkins asked if a cost factor for the delay to motorists could be factored in if needed, referencing the earthquake-reconstruction project on the Santa Monica Freeway where a contractor received approximately $15 million for completing the project in a short period of time. Mr. Cosper felt that that could be done on a case-by-case basis. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 24 October 15, 1996 4. DISCUSSION ON SETTING AGENDA FOR THE SPECIAL CITY COUNCIL STUDY SESSION ON OCTOBER 30.1996. Council concurred on agendizing the following items for discussion on October 30,1996: * Park facilities pool, playground equipment, skateboard park, dog park, fencing) and bike path * Access to Adams School * Power of JPA's * Funding Policies non-profits) and, Boards and Commissions for the next Special Study Session. Mr. Genovese, City Manager, advised that staff would also prepare a status report on the other issues listed in the memorandums submitted by Council. Paul Mccullough, b2-045 Avenida Martinez, suggested that a fence be installed around Fritz Burns Park to deter children from running Out into the street. REPORTS AND INFORMATIONAL ITEMS Council Member Henderson wished to have the adjournment hour listed on the Minutes of all Boards and Commissions and suggested that it be included in the handbook as a requirement. All reports were noted and filed. DEPARTMENT REPORTS D-1. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT. Council Member Henderson spoke regarding the use of professional garage sale signs as opposed to homemade cardboard signs and suggested that the City consider providing the professional-type signs at a nominal fee with the issuance of a garage sale permit. Mr. Genovese, City Manager, advised that staff would look into the possibility of preparing the signs in-house and would bring the issue back to Council if a cost is involved. BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02 ,City Council Minutes 25 1 5,1996 E-1. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT. In response to Council Member Henderson, Mr. Herman, Community Development Director, advised that the proposed mini-storage project on Adams Street across from Wal-Mart should be reviewed by Planning Commission in December or January and does not include RV parking. However, RV parking is proposed for another project on Dune Palms Road which is scheduled to be reviewed in November. F-i. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED AUGUST31, 1996 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Reports dated August 31, 1996. Motion carried unanimously. MINUTE ORDER NO.96-162. MAYOR AND COUNCIL MEMBERS' ITEMS None Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session as delineated on Page 19. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Reectfully submitted AU NDRAL JUHOLA City Clerk City of La Quinta California BIB] 11-19-1996-U01 11:12:15AM-U01 CCMIN-U02 10-U02 15-U02 1996-U02