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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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,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.
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,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.
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,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.
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,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.
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,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.
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,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
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,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.
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,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.
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,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.
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,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.
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,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
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