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1997 10 21 CC Minutes^1 LA QUINTA CITY COUNCIL MINUTES OCTOBER21, 1997 Regular meeting of the La Quinta City Council 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 John Pena, 51-910 Avenida Navarro, President of Friends of the La Quinta Senior Center, advised that they've received a bid for under $2,000 to have the windows tinted at the Senior Center and wish for the City to pay 50% of the costs. He noted that tinting would make the facility cooler during the summer and deflect the ultra- violet rays and he asked that Council consider agendizing this matter. Council Member Henderson suggested it be agendized and possibly funded from the refinancing of the Civic Center bonds. Council concurred on directing staff to agendize this request. ** * * * * *** ** Barbara Irwin, 44-065 Camino La Cresta, spoke regarding campaign signs and felt the City has a problem when its own lawmakers aren*t willing to abide by the City's sign ordinance. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that Business Session Item No.1 be pulled from the agenda and advised that it would be rescheduled in the future. Council Member Adolph asked that Consent Calendar Item Nos. 4 and 7 be moved to Business Session Item Nos. 9 and 10. MOTION It was moved by Council Members Sniff/Henderson to pull Business Session Item No.1 for rescheduling and move Consent Calendar Item Nos. 4 and 7 Grading Security Reduction for The Traditions and Award of Contract for Dune Palms Road Crossing) to Business Session Item Nos. 9 and 10. Motion carried unanimously. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I, City Council Minutes 2 October21, 1997 APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of September 30 and October 7, 1997 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of October 14, 1997 as submitted. Motion carried with Mayor Hot ABSTAINING. ANNOUNCEMENTS None PRESENTATIONS None WRITTEN CORRESPONDENCE 1. LETTER FROM CABAZON BAND OF MISSION INDIANS REQUESTING A LETTER TO SENATOR FEINSTEIN REGARDING TRIBAL GOVERNMENT GAMING. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF A REQUEST BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR SUPPORT OF A RESOLUTION REGARDING THE TORRES-MARTINEZ TRIBE AND RIGHT-OF-WAY FOR HIGHWAY 86. This item was pulled from the agenda see Confirmation of Agenda). 2. CONS*DERATION OF A STREET-NAME CHANGE FOR A PORTION OF RIO SECO TO VIA VENTANA WITHIN RANCHO LA QU*NTA, EAST OF THE INTERSECTION OF SAGEBRUSH AVENUE AND DATE PALM DRIVE. APPLICANT: CITY OF LA QUINTA. Ms. di Iorio, Planning Manager, advised that the Planning Commission is recommending that a portion of Rio Seco be renamed to Via Ventana to alleviate the difficulty in assigning addresses since the north/south and east/west streets have different numbering sequences. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I City Council Minutes 3 October21, 1997 RESOLUTION NO.97-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A STREET-NAME CHANGE FOR A PORTION OF RIO SECO TO VIA VENTANA IN RANCHO LA QUINTA COUNTRY CLUB. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-83 as submitted. Motion carried unanimously. 3. CONSIDERATION OF ADOPTION OF A RESOLUTION ALLOWING TEMPORARY CLOSURE OF A PORTION OF WASHINGTON STREET AND AVENUE 52 AND APPROVAL OF THE USE OF THE CIVIC CENTER PARKING LOT AREA AND CONSIDERATION OF AN APPROPRIATION TO COVER COSTS OF PERMIT FEES AND EQUIPMENT RENTAL FOR TRAFFIC CONTROL DEVICES FOR THE 12TH ANNUAL LA QUINTA CHAMBER OF COMMERCE 5K/lOK RUN, TWO-MILE WALK, AND 1K KIDS RUN ON NOVEMBER 16, 1997. APPLICANT: LA QUINTA CHAMBER OF COMMERCE. Ms. di Iorio, Planning Manager, advised that the Chamber of Commerce is requesting approval to close a portion of Washington Street and Avenue 52 and to use the Civic Center parking lot for their 12th Annual 5K/i OK Run, Two-Mile Walk, and 1 K Kids Run. They are also requesting funding in the amount of $653 from the Special Projects Contingency Fund to cover the costs of permit fees and equipment rental for traffic control devices. Council Member Henderson advised that she didn*t approve of this process and wished for such event costs to be considered during the contract negotiation process and included as part of the contract. RESOLUTION NO.97-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO ALLOW THE TEMPORARY CLOSURE OF WASHINGTON STREET BETWEEN CALLE TAMPICO AND AVENUE 52 AND AVENUE 52 BETWEEN WASHINGTON STREET AND THE EASTERN CITY LIMITS ON NOVEMBER 16, 1997 FOR THE LA QUINTA 5K/i OK RUN, TWO-MILE WALK, AND 1K KIDS RUN SUBJECT TO THE CONDITIONS OF TEMPORARY USE PERMIT 97-151. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-84 as submitted. Motion carried unanimously. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I City Council Minutes 4 October 21, 1997 MOTION It was moved by Council Members Sniff/Adolph to appropriate funds to cover costs of permit fees and equipment rental for traffic control devices from the Special Projects Contingency Fund for the 1 2th Annual La Quinta Chamber of Commerce 5K/i OK, Two-Mile Walk, and 1 K Kids Run on November 16, 1997. Motion carried unanimously. MINUTE ORDER NO.97-158. 4. CONSIDERATION OF THE FINAL REPORT REGARDING THE WASTE MANAGEMENT RECONCILIATION. Mr. Herman, Community Development Director, advised that in June 1 997, Council considered a number of issues dealing with the City's Franchise Agreement with Waste Management and directed staff to hire a consultant to evaluate the dump fee reconciliation for FY 1 995/96. The audit, prepared by Mr. Arnstein, of Arnstein Consulting, shows that the City owes $145,513 which is approximately $300 less than the amount identified by Waste Management. He then presented Council with the following options for paying the balance due: 1) adjust the rates for FY 1 998/99; 2) use the $8.50 account Recycling Fund); or 3) use any combination of the $8.50 account, increased tax roll residential rate, and/or increased commercial roll-off rate. In response to Council Member Henderson, Mr. Herman advised that the audit was for FY 1 995/96 which had a 1 0% administration fee. He advised that without the additional fee, the amount would have been close to a zero balance and if Waste Management has estimated their fees correctly, the amount should be very close in the future. Council Member Henderson supported paying the balance out of the $8.50 account. Council Member Adolph agreed because he felt the City has made a commitment to not make rate increases. Mr. Herman noted that an account has been established in the residential tax billing for the reconciliation fee and asked if Council wished for the balance to be paid out of that anticipated revenue and the $8.50 account or paid completely out of the $8.50 account. Council Member Henderson asked if the City would have to go to the voters next year for a CPI. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 City Council Minutes 5 October 21, 1 997 In response to Council Member Henderson Ms. Honeywell, City Attorney, advised that if Waste Management asks for a CPI increase next year, the City would have to hold a public hearing and mail out notices to the residents. In response to Council Member Henderson, Mr. Herman advised that it's not known yet if the 0.12* reconciliation fee will be needed on an ongoing basis. Council Member Henderson supported paying the balance out of a combination of the $8.50 account and the reconciliation fee currently being collected. MOTION It was moved by Council Members Henderson/Sniff to pay Waste Management the reconciliation figure appearing in the staff report out of the $8.50 funds along with the balance from the reconciliation account out of this year's rates. Motion carried unanimously. MINUTE ORDER NO.97-159. 5. CONSIDERATION OF A REQUEST OF S.C.R.A.P. FOR AN ALLOCATION OF AB939 MONIES IN AN AMOUNT OF $10,000 FOR ENVIRONMENTAL SCIENCE AND ART ACTIVITIES AND EDUCATION RELATED TO AB939 AS PART OF THE SOURCE REDUCTION & RECYCLING ELEMENT. Mr. Herman, Community Development Director, advised that in January 1 997, the Student Creative Recycling Art Program SCRAP) asked for financial assistance in the amount of $10,000 at which time Council allocated $2,500 and requested that any future requests be submitted during the budget review process. In June 1997, Council set aside $10,000 under the AB939 Recycling Program for Community Promotions with the understanding that not all of the funds would be allocated to SCRAP, but rather made available to other such organizations as well. Council Member Sniff felt it's a worthwhile program, but believed there might be others as well and suggested an allocation of $5,000. Council Member Henderson felt a substantial proportion of the funding should be reserved for local groups promoting recycling such as the Soap Box Derby which she understood would be actively promoting recycling this year. She questioned what kind of artwork was created from 45,000 tons of diverted materials and where it ended up. She advised that she would support an allocation of $2,000 with some type of follow-up as to where the artwork is going, but felt they should first file the appropriate application and paper work required of other organizations. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I 1 City Council Minutes 6 October 21, 1997 Mayor Holt advised that SCRAP recently made a presentation to CVAG's Youth and Children Commission and she understood that none of their artwork goes back into the landfill unless discarded by the children or their parents. Council Member Perkins was under the impression that the original request was for start-up funding and that it wouldn't be an on-going request, but now they're asking for $10,000 again. He advised that he wouldn't support any more than $2,500 which was the amount allocated last year Mayor Holt understood the program has been expanded quite a bit from their original concept. Council Member Adolph felt the Council had made somewhat of a commitment to the program and advised that he would support $2,500. Council Member Sniff advised that he understood the original request for $10,000 also required some * support and advised that he didn't have a problem with an allocation of $2,500. MOTION It was moved by Council Members Sniff/Henderson to appropriate $2,500 from the Community Promotions Fund for the SCRAP Program and that we request they fill out the proper paper work as any other agency or entity would to receive such funds and report back by the end of th* fiscal year, and authorize the City Manager to execute the contract. Motion carried unanimously. MINUTE ORDER NO.97-160. 6. CONSIDERATION OF: 1) Memorandum* of UNDERSTANDING WITH THE COACHELLA VALLEY RECREATION & PARK DISTRICT FOR THE OPERATION AND MAINTENANCE OF THE FRITZ BURNS PARK POOL, AND; 2) APPROVAL OF A REQUEST FOR PROPOSALS FOR THE FRITZ BURNS PARK PUBLIC POOL AND FACILITIES. Mr. Vogt, Public Works Director, advised that in December 1 996, Council set aside $518,000 for a pool at Fritz Burns Park. In September 1997, the Coachella Valley Recreation & Park District CVRPD) voted in favor of entering into a Memorandum of Understanding MOU) with the City for operation and maintenance of the pool. On September 16, 1 997, Council directed staff to complete an RFP for design of the pool and to negotiate an MOU with CVRPD that includes a provision protecting the City should CVRPD withdraw from their obligation. He advised that the draft MOU for a 25-year lease agreement includes a protection clause for either agency to be reimbursed for costs should the other agency withdraw from the agreement any time during the first 1 8 BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I, City Council Minutes 7 October21, 1997 years of the agreement. It also provides for the City to pay $26,174 to CVRPD during the first year of operation and $1,454 less each subsequent year for a total of 1 8 years. The cost of all major repairs will be shared equally and agreed upon by both agencies, with such repairs being made known by April of each year for budgeting purposes. The agreement calls for all pool facilities within the fenced area to be staffed and operated by CVRPD. He advised that Council has asked for the pool to be completed by May 15, 1998 and in response, staff has prepared an RFP for a design/construct contract that will provide a turn-key project and faster completion as well as more control on the expenditures. An RFP for design only is also included in the staff report. Accrued interest to date on the $518,000 is $23,700 and by January 1998, the total funds available, including interest, will be approximately $548,000. If $25,000 is subtracted from that amount for administrative costs, the total remaining funding will be approximately $523,000. He advised that it will be clearly stated in the RFP that this is the total amount of funding available for the project. If the draft MOU is approved, it will be used as a basis for the City Attorney to draft a lease agreement between CVRPD and the City. He then reviewed the alternatives available to Council as follows: 1) approve the conceptual issues included in the draft MOU with CVRPD and approve the RFP for design/construct services; authorize staff to advertise the RFP and authorize a Consultant Selection Committee consisting of Assistant City Manager, Building & Safety Director, Public Works Director, and the General Manager of CVRPD; or 2) approve the conceptual issues included in the draft MOU and approve an RFP for design, plans, specifications, cost estimate, bidding, construction management, and inspection services, directing staff to return for authorization to bid the project. In response to Council Member Henderson, Mr. Vogt advised that if the RFP for design/construct services is approved, the contract will come back to Council prior to moving forward with the design/build portion of the contract. He further advised that CVRPD would have to prove through their accounting records, subject to the City's audit, what their costs were prior to any reimbursement should the City back out of the lease agreement. In response to Mayor Holt, Mr. Vogt confirmed that the required annual report submitted by CVRPD should include an accounting of their costs. Council Member Henderson was concerned that allowing open swim only in the afternoon when it's so hot would result in low attendance and asked if CVRPD would be willing to provide open swim in the morning hours. She also had an on-going concern regarding transportation and felt the pool should be located near the Boys & Girls Club or YMCA where the children are. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I City Council Minutes 8 October 21, 1997 Mayor Holt suggested including a provision in the agreement whereby the City would have input regarding the hours of operation. Council Member Perkins advised that he has a problem with including the accumulated interest in the amount set aside for the pool-- he didn't realize it was included in the motion made at the last meeting. He said he couldn't support going beyond what he felt Council had originally agreed upon and felt the administrative costs should be a part of the $518,000. He noted that the cost estimate for the previous pool proposal started at $1 5 million and jumped to $2.4 million and now this has jumped from $518,000 to $548,000. Council Member Sniff noted that the motion included the accumulated interest, bringing the total up to approximately $548,000 by January, and if administrative costs are subtracted from that amount, it's still within the original motion. He wouldn't agree to go beyond that amount. He supported moving forward with alternative #1 and wished to see the pool operational by May 1 5, 1998. Council Member Perkins stated that he wasn't saying the accumulated interest wasn't in the motion, but rather that he didn't realize it was included. In response to Mayor Holt, Mr. Vogt confirmed that a design/build contract would cover all contingencies as it is a not to exceed" contract and doesn't provide for any additional costs. Council Member Adolph asked if there would be any flexibility in setting the hours of operation and if the preliminary design would be coming back t6 Council for review, noting that he felt the shade structure should be near the wading pool. Mr. Vogt felt CVRPD would be receptive to the City's input regarding the hours of operation because it would be in their interest, noting that they've stated they will close the pool if there are 1 2 people or less in it. He also advised that the design would be brought back to Council in stages throughout the process. Council Member Adolph felt it's important for any changes to be made up-front in order to keep the costs down and wished to see the design include benches under the shade structures and a water fountain. Council Member Perkins advised that he would support it, but will be very critical of it as it comes back for review. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I, City Council Minutes 9 October 21, 1 997 Mr. Vogt advised that a design/build contract provides the City with more protection. MOTION It was moved by Council Members Sniff/Adolph to: 1) approve the conceptual issues included in the draft Memorandum 6f Understanding MOU) with the Coachella Valley Recreation & Park District CVRPD) for the operation and maintenance of the proposed public pool and facilities at Fritz Burns Park; 2) approve a Request for Proposals RFP) to provide design/build services for the design and construction of the Fritz Burns Park public pool and facilities; 3) authorize staff to advertise the RFP and conduct the consultant selection process per the City's approved consultant selection procedure; and 4), authorize a Consultant Selection Committee consisting of the Assistant City Manager, Building &*Safety Director, Public Works Director/City Engineer, and the General Manager or designee of CVRPD, all subject to City Attorney review. Council Member Henderson advised that she would support moving forward with the pool based on the passage of Proposition 218 and CVRPD's security in being able to use the $9.90 on the tax rolls for their portion of the maintenance and operation costs of the pool. She noted that it was heavily endorsed by the community and that the amount would increase as new residents move into the area. However, she noted that she's still uncomfortable with the location of the pool and feels that it should be constructed where the children are, and not where they are not. Council Member Sniff felt the children will come if the pool is built and that the pool, along with the other amenities being added, will make the Fritz Burns Park extremely functional. Mayor Holt noted that Council debated the location issue for a long time and she felt since the pool would be operated during the summer, that the proposed location is where most of the children would be. Motion carried unanimously. MINUTE ORDER NO.97-161. 7. CONSIDERATION OF ADOPTION OF RESOLUTION OF INTENT TO WITHDRAW FROM THE RIVERSIDE COUNTY LIBRARY SYSTEM. Mr. Weiss, Assistant City Manager, advised that during a study session on September 23, 1 997, Council discussed whether the City should remain or withdraw from the County Free Library system and directed staff to prepare a resolution indicating the City's intent to withdraw. He advised that should the resolution be adopted, staff would negotiate with the County for the acquisition BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I, City Council Minutes 10 October21, 1997 of the book collection and library furnishings at the existing library and for the transition to a municipal library on July 1, 1 998. Council Member Henderson noted that the County has an item on their agenda today related to this and it seems like they plan to make it difficult for cities to lay ownership to the books, computers, etc. and instead plan to force them to buy the equipment. Mr. Weiss advised that the City is asking the County to grant those materials free of cost and has gone on record in opposition to the item on their agenda, which he understood has been continued. Council Member Henderson felt that it's a difficult action to take, but believed it's a necessary step toward the final results as the door is kept open to continue working with the County, noting that she would be attending a Library Advisory Zone meeting next Monday and welcomed staff's attendance. Mr. Genovese, City Manager, advised that two staff members would also be attending. Council Member Sniff felt the action is necessary for the City to be positioned and not precluded from taking action in the future and agreed that in the interim, the City should continue discussing the issue with the County and looking at its options. Council Member Perkins felt it's important for the public to know that the La Quinta pays $507,000 annually for library services, which is three or four times more than the other cities pay, but only receives about $1 30,000 in services and has the smallest County library in the valley. Mayor Holt advised that she didn't like withdrawing from a regional program, but felt it's a step forward for the community because a library is an important resource in the community. Council Member Adolph felt the annual savings would provide the possibility of building a municipal library at the Civic Center. RESOLUTION NO.97-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, NOTIFYING THE BOARD OF SUPERVISORS OF THE CITY OF LA QUINTA'S WITHDRAWAL FROM THE RIVERSIDE COUNTY LIBRARY SYSTEM EFFECTIVE JULY 1, 1998. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I,.., City Council Minutes 11 October 21, 1997 It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-85 as submitted. Motion carried unanimously. 8. CONSIDERATION OF INSTALLING AN EMERGENCY GENERATOR AT THE SENIOR CENTER AND AUTHORIZATION TO ENTER INTO A DESIGN CONTRACT AND RECEIVE BIDS FOR PROJECT NO.97-08. In response to Council Member Adolph, Mr. Hartung, Building & Safety Director, advised that the generator would start automatically whenever a power outage occurs. Mayor Holt commented on the City's public safety preparedness and felt it's one of the most prepared communities in the valley. MOTION It was moved by Council Members Sniff/Adolph to authorize the City Manager to enter into a contract for the design of an emergency generator system at the Senior Center) in an amount not to exceed $4,000 and authorize staff to advertise and receive bids based upon the completed design and specifications for Project 97-08. Motion carried unanimously. MINUTE ORDER NO.97-162. 9. CONSIDERATION OF AUTHORIZATION TO REDUCE SECURITY FOR GRADING PERMIT FOR THE TRADITION GOLF COURSE. In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised that the City hasn't received a TRO or any other indication from the court that this project should be treated any differently than any other project and since the grading has been finished according to the approved plans, a reduction in the bond is appropriate. Should the project have to be redesigned as a result of the lawsuit, the developer would have to resubmit the project for additional approvals and provide the appropriate bonding. MOTION It was moved by Council Members Sniff/Adolph to authorize staff to accept a letter of credit amendment for the Traditions grading permit) that reduces the amount from $683,500 to $50,000. Motion carried unanimously. MINUTE ORDER NO.97-163. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I City Council Minutes 12 October21, 1997 10. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR CONSTRUCTION OF DUNE PALMS ROADIWHITEWATER RIVER CROSSING IMPROVEMENTS, PROJECT NO. 97-06. Council Member Adolph asked if the City would be liable f6r damages caused by any El Nino storms once the contract is signed. Mr. Vogt, Public Works Director, advised that the contractor might try to submit a claim, but he would be responsible for protecting the work until it's completed and the language in the contract protects the City from any such claim. Council Member Adolph was concerned that the damage would be claimed as an act of God and questioned if it wouldn't be better to wait until after the threat of El Nino has passed. Ms. Honeywell, City Attorney, confirmed that the intent of the provision is to let the contractor know that he's responsible until the project is completed. In response to Council Member Adolph, Mr. Vogt advised that the contractor would be required to provide a bond for the project. In response to Council Member Henderson, Mr. Freeland, Senior Engineer, stated that the bidders were advised to be diligent in protecting the work because the City would not be sympathetic to claims for damage. The penalty clause is the same as the incentive clause for early completion which is $500 a day. Council Member Henderson supported moving forward with the project. Council Member Sniff felt the crossing would be a great help to everyone and agreed with moving forward. MOTION It was moved by Council Members Sniff/Henderson to award a contract to Granite Construction Company, the lowest responsible bidder, in the amount of $449,449 to construct the Dune Palms Road/Whitewater River Crossing Improvement Project, *oject No.97-06. Motion carried unanimously. MINUTE ORDER NO.97-164. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED OCTOBER 21, 1997. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 i City Council Minutes 13 October21, 1997 2. TRANSMITTAL OF TREASURER'S REPORT DATED AUGUST 31, 1997 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. 3. ACCEPTANCE OF IMPROVEMENTS HIGHWAY 111 AND WASHINGTON STREET, PROJECT NO.96-07. 4. SEE BUSINESS SESSION ITEM NO.9. 5. APPROVAL OF PARCEL MAP 28489 KSL LAND CORPORATION. 6. APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION AGREEMENT FOR PARCEL 28422, LAPIS ENERGY ORGANIZATION. 7. SEE BUSINESS SESSION ITEM NO.10. 8. APPROVAL OF AMENDMENT NO.2 TO THE PAVEMENT MANAGEMENT SYSTEM SERVICES AGREEMENT TO INCREASE THE STREET SIGN INVENTORY FROM 1,500 TO 2,000 AT AN INCREASED COST OF APPROXIMATELY $9,310. MOTION It was moved by Council Members Henderson/Sniff to approve the Consent Calendar as recommended and amended. Motion carried unanimously. MINUTE ORDER NO.97-165. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS 1. COUNCIL MEETING OF NOVEMBER 4TH. Mr. Genovese, City Manager, advised that it may not be necessary to have a Council meeting on November 4th due to the lack of agenda items. Council Member Henderson suggested moving the study session items scheduled for October 28th to November 4th. Mr. Genovese advised that it might be difficult to reschedule the Cal Poly presentation. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I City Council Minutes 14 October21, 1997 G-1. REVENUE & EXPENDITURES REPORT DATED AUGUST 31, 1997 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members Sniff/Henderson to receive and file the Revenue & Expenditures Report dated August 31, 1997 for the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO.97-166. MOTION It was moved by Council Members Sniff/Henderson to receive and file the Revenue & Expenditures Report dated August 31, 1 997 for the La Quinta Financing Authority. Motion carried unanimously. MINUTE ORDER NO. 97-167. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE INTENT AND POLICY OF THE SIGN ORDINANCE AS IT RELATES TO POLITICAL SIGNS. Council Member Perkins felt the intent behind the changes made to the sign ordinance relative to political signs, was to prevent the proliferation of such signs throughout the City. He noted that it has improved, but he was discouraged that some Council Members haven't seen fit to live by the intent, which was to set a limit of 50 signs, and have found ways of getting around it. He felt it's a sad state of affairs when the Council agrees to having control over the signs and yet some of the signs do not have stickers and some are closer than 200 feet apart. Council Member Henderson noted that the initial discussion came up at the request of a significant number of people in the community who felt put upon" by the signs. She advised that she would support a total ban if it weren't unconstitutional and would, in fact, support it anyway if the feelings in the community against such signs were strong enough. At that point, those who choose to violate the ordinance would have their integrity stand out to everyone and seek election based on that. She was disappointed that it has created a problem for staff and realized that it's not unusual to have some bugs to work out in a new ordinance, but felt they generally come from the community, not from the Council who passed it. She suggested that any further review be done after the election. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I,,, City Council Minutes 15 October21, 1997 CLOSED SESSION Mayor Holt abstained from participating in Case Nos. INC 000492 and INC 002131 of Item No.1 as she has consistently done in the past. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation: Stamko Development Co., Case No. INC 000492 County of Riverside, Case No. INC 002131 KSL/J. M. Peters, Case No.002597 2. Conference with legal counsel pursuant to Government Code Section 54956.9(c) regarding potential litigation one case). Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). 7:00P.M. PUBLIC COMMENT Gertrude Cheney, 54-255 Avenida Carranza, read a song she wrote in regard to how she felt the Council has wronged the community by approving the Tradition project. Gary Avise, 78-710 Via Sonata, spoke regarding the undergrounding of utilities in Parc La Quinta and hoped if an opportunity arose to address a need of a portion of Barcon*s obligation, that the traffic signal and median could be put off a few years. He believed there could be an additional two or three years further delay of the unsightly nature and inconvenience to the landscaping if it goes to court. ** ** **** ** Rick Kanow, 54-380 Avenida Diaz, pointed out that there's only one sign on Interstate 10 directing people toward La Quinta and it's at the Washington Street off-ramp. He felt there should be more signage further west near the Palm Springs area. PUBLIC HEARINGS None BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 5 City Council Minutes 16 October21, 1997 Council recessed to Redevelopment Agency. Council reconvened. BUSINESS SESSION..................continued 11. CONTINUED CONSIDERATION OF CVWD's APPEAL OF PROJECT CONDITIONS FOR CVWD's AVENUE 50 SEWER MAIN LINE PROJECT PERMIT NO.2637 MID-VALLEY WATER RECLAMATION PLANT NO.4, INFLUENT FORCE MAIN NO.2, SEGMENT 2. Mr. Vogt, Public Works Director, addressed a claim made by CVWD at the Special Council Meeting of September 30, 1 997, that other projects didn't have the same requirements placed on them that CVWD's project had. He advised that all of the projects referred to by CVWD had the same requirements with the exception of the City-wide landscaping project which was designed and bid prior to implementation of the standard. He noted, however, that staff is in the process of obtaining price quotes for the grinding and overlay in order to bring that project into compliance with the standard as well. He then briefly reviewed each of the projects. Tom Levy, P.O. Box 1058, Coachella, General Manager of CVWD, spoke to the issue of restoration versus betterment, stating that it appears to them that by law, the City Engineer is bound to provide reasonable recommendations and does not have unfettered discretion. He further advised that after reviewing the law and the Attorney General's opinion regarding franchise rights, they believe that the District has a franchise right to use the streets. In reviewing some issues related to another project of theirs on Washington Street, he noted that they have required the contractor to comply with the City's wishes even though it doesn't appear to be in the permit and as a result, the contractor is suing them. Ms. Honeywell, City Attorney, noted for the record that the Washington Street permit is not related to the current appeal. In regard to sloughing or collapsing of the trench in a 700-foot area of a 2,200- foot length of pavement, he advised that none of it was due to the T-section and that the contractor bears the risk for replacing the pavement. In reference to the four studies conducted by Cincinnati, San Francisco, Phoenix, and Vermont that staff referred to at the last meeting, he advised that they feel the impacts listed in those reports are overstated and based on a worse-case deflection which is in conflict with the Asphalt Institute and CalTrans design methods. Some of the data is based on freeze/thaw conditions, visual BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I, City Council Minutes 17 October 21, 1997 appearance, and conditions specific to certain areas. He felt it's significant to note that none of the reports recommend grinding and overlay and, therefore, shouldn't be used as a basis for those requirements. He asked for the work hours to be revised to allow them to work from 9 am to 5 pm which he felt was reasonable, noting that the children would be behind a fence and that traffic control would be provided. In addition, completing the work sooner would be less inconvenient for everyone. Furthermore, in reviewing the school starting times, he didn't feel that safety is a justifiable reason for delaying the work hours. He asked Council to delete the following requirements: grinding and overlay; one-foot sawcut beyond the trench; additional bonding; and, inspection fees. He further asked for reimbursement from the City for the extra costs related to the expediting of the construction work on Jefferson Street in order to avoid the street being torn up a second time. In response to Mr. Levy's presentation, Mr. Vogt advised that the Cincinnati report, which was completed in cooperation with the American Public Works Association, looked at both visual inspection and deflection testing. In regard to the strength of patching, he noted that that's not the issue in question, but rather differential settlement between the roadway and the patched area. He noted that a new utility trench-cut fee has been instituted in San Francisco for future overlay because of the problems they've had with accelerated deterioration of the streets due to patching and that studies have been completed nationwide showing problems with differential settlement in different types of soils. In regard to the request for reimbursement, he noted that CVWD moved forward with the work without a permit and didn't use a standard T- section as required. Furthermore, the costs of such work should have been $5,000-$10,000 and not $23,000 as requested. In response to Council Member Adolph, Mr. Vogt advised that to his knowledge, the City's compaction standards have been met on this project. Council Member Henderson advised that she has worked with CVWD and feels their work standards are very high and she was sorry that this problem hasn't been worked out prior to getting to this level. She suggested that the work hours in front of the school be revised and stated that she didn't remember such a condition ever being placed on any of the projects she dealt with during her years in the underground-work business. Other than that, she supported the City's position. Mayor Holt advised that she has a serious problem with changing the work hours and felt because the children get out of school at different times, that it BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 I, City Council Minutes 18 October21, 1997 makes the safety concerns even worse. She noted that the Boys & Girls Club and YMCA are also there and felt traffic is already a consistent problem in the area. Don Olson, Vice President of Development for Roger Snellenberger & Associates, supported CVWD's appeal, advising that they have the same problem because they were not aware of the grinding and overlay requirements until after they had recorded their map and went to pull their encroachment permit. This ultimately cost them $30,000. He asked that some consideration be shown for these projects until standard requirements for street improvements are adopted by the City. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that the issues could be looked at individually and the appeal granted partially or otherwise. Council Member Perkins felt it's a shame the dispute has gotten this far and felt some of the problems should have been resolved. In regard to the work hours in the school area, he noted that construction is a tremendous interest to children and he wasn't sure what safety precautions would be taken. He didn't challenge the utilities' rights to easements in the City streets, but was upset with some of the things that the District has apparently done and noted that if they fail to leave the streets in the best possible condition when they're done, then the City is responsible for doing it. He didn't believe the City's requirements are extreme and felt they're in the best interest of the City. He supported the City Engineer and recommended that the appeal be denied. MOTION It was moved by Council Members Perkins/Sniff to deny all of the requests in the appeal by Coachella Valley Water District. Council Member Henderson supported some movement on the hours of construction near the school and the City working in concert with the District on the additional work, perhaps splitting the $23,000 amount. Council Member Perkins advised that he didn't have a problem with the work hours as long as the District can show the type of protection the City would expect for the children. He also didn't have a problem with the District and City Engineer trying to resolve the $23,000, but he stood firm on all of the other issues. Motion was withdrawn. BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02 ^1 IC City Council Minutes 19 October21, 1997 MOTION It was moved by Council Members Perkins/Sniff to deny the appeal of Coachella Valley Water District CVWD) on all of the items except for the school hours and the $23,000 which the District felt is owed them. Council Member Perkins advised that the intent of the motion was to deal with the work hours and reimbursement request as separate issues. Motion carried unanimously. MINUTE ORDER NO.97-168. MOTION It was moved by Council Members Perkins/Sniff that the school hours be amended as requested by Coachella Valley Water District CVWD) providing that the District can supply sufficient protection to the school children in the immediate vicinity to the satisfaction of the City Engineer. Motion carried with Mayor Holt voting NO. MINUTE ORDER NO.97-169. MOTION It was moved by Council Members Perkins/Henderson that the matter of the $23,000 be given to the City Manager to negotiate, if possible, with the Coachella Valley Water District and to bring back whatever negotiations obtained to the City Council. Motion carried unanimously. MINUTE ORDER NO. 97-170. F There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. submitted, 3AUNDRA L JUHOLA, City Clerk City of La Quinta, California BIB] 12-02-1997-U01 11:53:05AM-U01 ADMIN-U01 CCMIN-U02 10-U02 21-U02 1997-U02