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1994 03 01 CC Minutes LA QUINTA CITY COUNCIL MINUTES MARCH 1, 1994 Regular meeting of the La Quinta City Council was called to order at 3:00P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter. McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Council Member McCartney advised that he would be giving a verbal report on proposals for Redevelopment and Economic Development Consulting Services under Mayor and Council Members' Items. Mayor Pena asked that Consent Item No.8 be pulled and follow Business Session No.1 due to a conflict of interest. MOTION It was moved by Council Members SnifflMcCartney that Consent Item No. be pulled and added to the Business Session agenda noting that the need to take action arose after the posting of the agenda. Motion carried unanimously. APPROVAL OF MIUUTES MOTION It was moved by Council Members Bangerter/Sniff that the Minutes of February 10' 1994 and February 15, 1994 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS Council Member Bangerter announced that she has been elected as Vice President of Comrnunity Affairs by the Coachella Valley Child Care Council. PRESENTATIONS Mayor Pena presented Robert Bobby" Miranda, Maintenance Worker I with a plaque expressing the City's appreciation for being chosen Employee of the Month" for Febmary. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 2 March 1, 1994 Mr. Bohien advised that upon receipt of a Kidsline grant proposal from the City of La Quinta, GTE approved the City's request for funding. Don Dobbins, Public Relations Officer for GTE, presented a check in the amount of $5,000 for Kidsline. He advised that GTE is committed to putting money back into the community they serve and believed this to be a very valuable program for the community. Ms. Tolliver, Kidsline Coordinator, advised that they have received more than 950 telephone calls over the past 4 1/2 months. Council Member Perkins commended Council Member Bangerter for her efforts in getting this program established. PUBLIC COMMENT Robert Tyler, 44-215 Villeta Drive, expressed outrage on the recent daylight robbery at Wal Mart and the effect it will have on La Quinta if it continues. He urged the City and Sheriff's Department to work out a program to curtail this problem. He also commended staff for the quick response to suggestions he recently made. Audrey Ostrowsky, P.O. Box 351, expressed disappointment in the Council not responding to her letter. She stated that without studying the impacts o?one-way traffic for the downtown area or seeking the advice of a Traffic Engineer, the Council's decision can dramatically affect the commercial area around the park. She felt it would be in the best interest of the City to reconsider their decision for the downtown area. Kathleen Kopp, 44-870 Cabrillo, Palm Desert, commented that there is a growing problem in the Coachella Valley of sewage sludge dumping. She advised that there are three companies operating on an illegal site off of Avenue 66 which is creating great danger and pollution. She stated that all Valley cities need to be made aware that these sludge companies are planning to expand in the desert if allowed. She noted that Pimagro Systems Inc. has submitted two applications. one to the Bureau of Indian Affairs for a 40-acre site to be located on Avenue 72 and another 40-acre site within the city limits of Indio. She further stated that Pimagro is dumping sewage in our desert because they have been unsuccessful in obtaining Sites in Merced and Banning. She expressed concern about BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 3 March 1, 1994 the effect these sludge companies will have on the Valley if given a foothold. Currently, we are getting sludge from San Diego County, Los Angeles County, and 75% of Orange County's sewage. She felt this problem is a more eminent danger to the health and welfare of the people in the Valley than the Eagle Mountain landfill. If this problem is not controlled, Eagle Mountain will get the metropolitan areas garbage and we'll get their sewage sludge. She is asking all of the cities to use their position and influence to make this problem well known in the Valley so we do not become the sewage sludge capital of California. Mayor Pena was in total agreement and commented that CVAG is planning to form a Task Force to look into this problem. Even though this is outside of our corporate limits, it doesn't mean that we can't get involved. He further noted that he has also scheduled meetings with Tribal Chairmen of the various Bands to discuss this issue. Council Member Sniff felt that this is a very significant issue and asked that staff report back with additional information and suggested courses of action the City could take. Mayor Pena also suggested looking to see if there is any possibility of an operation such as this coming into the City of La Quinta and what we can do to prevent it from happening. Marty Langer, President of the Coachella Valley Community Concerts, advised that March 1st was their third anniversary in La Quinta. He noted that they have developed a very meaninglul partnership with the Parks and Recreation Department, and by networking together. it makes their role and position in the community much more viable. A variety of family entertainment is being offered at affordable prices at the La Quinta Middle School Amphitheatre April 9.16, and 23,1994. WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF THE ART IN PUBLIC PLACES COMMITTEE RECOMMENDATION FOR ART IN THE FRITZ BURNS PARK. Mayor Pena abstained due to a conflict of interest. Mr. Herman, Planning Director, advised that the Art and Public Places Comrnittee held a special committee meeting with the design team on February 7th to discuss the possibilities of including art in the Fritz Burns Park. He reviewed the exhibits of the three sites the Conimittee selected which were the three spray towers. the entry gate, and BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 4 March 1. 1994 2,000 sq. ft. of sidewalk in front of the building. In response to Council Member Sniff, Mr. Herman advised that the design of the sidewalk would be similar to the tile design at Mervyns in Palm Desert, but discretion would be left up to the artist(s). Council Member Sniff suggested putting a design in the concrete. He felt that the committee needs to give some direction to the artist(s) in order to save time. Mr. Herman advised that the artist(s) will be working with the design team during the months of April and May to get the art work contained into the bid specs. The estimated costs are: 1) $7,500 for the spray towers; 2) $3,000 for the entry gate; and 3) approximately $6,000 for the sidewalk, totaling $16,500. The Committee also recommended that the Council allow an expenditure of $30,000 from the Art in Public Places Fund to cover the cost for the art design, fabrication, transportation. delivery, and installation of the art work, liability insurance, Worker's Compensation, travel and the artist's fee, for a total budget of approximately $46,000. The Committee recommended appointing two Council Members to be a part of the selection process, authorizing them to advertise for the art work for the selected sites, and giving staff authorization to negotiate a contract not to exceed $30,000. The final design, budget, and contract will be brought back for Council's consideration around April 1st in order to keep within the time frame for construction. In response to Council Member Perkins, Mr. Herman advised that the additional money over and above the $30,000 $16,500) is contained within the current budget for Phase I of the park. Council Member Sniff felt that $30,000 was not a large sum of money to develop one or three pieces of art work. He asked how the Committee determined that this amount was sufficient and if they considered placing only one piece of art work that would be more expansive and more attractive in the park. John Walling, Chairman of the Art in Public Places Committee, advised that the Committee had considered only one piece of art work but they are tending away from single pieces of art, because they wish to integrate it in the three high traffic areas that would allow for greater exposure and understanding of art to a broader base of people, as well as it being a better way to expend the funds. Council Member Sniff was concerned that the three pieces of art work may not be as noticeable as one, and with the delays that may occur from the artists completing their projects. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 5 March 1, 1994 Mr. Walling concurred, advising that the time frame is of primary importance and they have placed great emphasis on it. He noted that it is the responsibility of the Art in Public Places Committee to locate the artists, not to design or develop the art. In response to Council Member Sniff, Mr. Walling advised that one artist may not necessarily design all three art pieces; each project could be designed by an individual artist In response to Council Member McCartney, Mr. Herman advised that the art-work theme is to be tied into the history of the Desert Club facility. Mr. Walling advised that they wish to get away from a spanish motif as opposed to an expression of the meaning of the Desert Club. The Desert Club was originally developed as a recreational facility for those residents who purchased homes in the Cove. and many Hollywood celebrities also used it as a getaway. He believed that the artist(s) should be given some guidelines and allow them to give suggestions. At that time. if the Council felt that their ideas were not compatible with the architecture or theme of the development, the artist'S idea could then be rejected. In response to Council Member Mccartney, Mr. Walling advised that the Health Department has dictated that the bottom of a public pool must remain white. Mr. Herman advised that this helps the children to visualize the depth of the pool. Council Member McCartney understood but felt that we have the ideal situation where we have a sidewalk in front of the entrance that might have a certain expression that could possibly be mimicked on the bottom of the pool or surrounding the pool area. He felt that it was almost implausible that the surface of all public swimming pools in the State of California are painted white only. Mr. Herman stated that the architect advised the Committee to stay away from areas that could be a detriment to public safety. Council Member McCartney commented that the $30,000 seems to be covering a great deal of costs and asked if the funds from the Phase I park budget could be used for the expenses not pertaining to the art design itself. By doing this more money would be preserved in the Art in Public Places fund. Mr. Herman advised that their intent was not to burden the construction or the work currently underway for the design of the park. Mr. Hunt, City Manager. advised that it could be done if Council wishes to do so. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 6 March 1, 1994 In response to Council Member McCartney, Mr. Bohien, Parks and Recreation Director, advised that a portion of the construction budget comes from the Quimby Fund. Council Member Sniff expressed concern about using construction funds for these expenses since funds for this project are so limited. He suggested that a determination of which funds to use be decided after the costs are firmed up. Council Member Sniff and Mayor Pro Tem Bangerter volunteered to participate in the selection process. MOTION It was moved by Council Members Sniff/Perkins to select Council Members Sniff/Bangerter to participate in the selection process and authorize the Art in Public Places Committee to advertise for an artist or artists for the three selected art works and authorize staff to negotiate a contract not to exceed $30.OOO of Art in Public Places funds. Motion carried with Mayor Pena absent. MINUTE ORDER NO.94-56. lA. ACCEPTANCE OF PROJECT NO.93-i- REFURBISHMENT OF FRITZ BURNS TENNIS COURT LIGHTS 1-4 AND AUTHORIZATION FOR CITY CLERK TO RECORD NOTICE OF COMPLETION. Mayor Pena abstained due to a conflict o? interest. Mr. Bohien, Parks and Recreation Director, advised that Project No. 93-1 has been completed in accordance with the specifications. The work involved was the refurbishment of the Fritz Burns Park tennis court lights on courts 1 through 4 which are now working effectively. Mayor Pro Tern Bangerter commented that it is nice to see people playing tenniS during the evening. MOTION It was moved by Council Members Sniff/McCartney to accept Project P&R 93-1 and instruct the City Clerk to file a Notice of Completion with the County Recorder. Motion carried unanimously with Mayor Pena absent. MINUTE ORDER NO.94-57. 2. APPROVAL OF CONSULTANT CONTRACT FOR HOUSING ELEMENT UPDATE. Mr. Herman, Planning Director, advised that staff was authorized by the Council on February 1, 1994 to negotiate a contract with The Planning Center, which has been BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 7 March 1, 1994 concluded in an amount not to exceed $29,955. He noted that the completion date is anticipated for September, 1994. MOTION It was moved by Council Members Sniff/Bangerter to approve a professional services contract with The Planning Center to update the General Plan Housing Element in an amount not to exceed $29,955. Motion carried unanimously. MINUTE ORDER NO.94-58. 3. APPROVAL OF CONSULTANT CONTRACT FOR ZONING ORDINANCE UPDATE. Mr. Herman, Planning Director. advised that Council authorized staff on February 15, 1994 to negotiate a contract with Tierra Planning and Design for the City Zoning Ordinance update, which has been concluded in an amount not to exceed $47,950. He further advised that $30,000 is budgeted for this year and $17,950 will be budgeted in FY 1994/95. The completion date is anticipated for November. 1994. In response to Council Member Perkins, Mr. Herman advised that the update consists of a complete review of the Zoning Ordinance which will be brought into conformance with the General Plan. The Council and the Planning Commission will be included in the review process. MOTION It was moved by Council Members Sniff/Bangerter to approve a professional services contract with Tierra Planning Design for updating the Zoning Ordinance at a total contract cost not to exceed $47,950. Motion carried unanimously. MINUTE ORDER NO.94-59. 4. DISCUSSION OF HISTORICAL COMMISSION RECRUITMENT. Mr. Herman, Planning Director. advised that the Historical Commission currently has five positions available and only three applications have been received. Five options were& listed in the staff report for Council's consideration. Staff recommended adoption of the proposed resolution that would allow an expansion of the recruitment Valley-wide in order to fill the necessary requirements set by the State. Council Member Sniff felt the reason only three applications were received was because of the requirements that must be met. He asked if it were possible to provide the technical expertise through staff or some other means and if an Historical Commission could be formed rather than an Historical Preservation Commission. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 8 March 1, 1994 Mr. Herman advised that it would be up to the State Historic Preservation Office SHPO) if they would allow staff with technical expertise to supplement five comrnissioners without the required expertise. He further advised that the Council does not have to form a State-approved commission. Through this commission, however, the City would be able to apply for grants that are made available through the State. Council Member Sniff preferred La Quinta residents serving on this commission. In response to Council Member Perkins, Mrs. Mouriquand-Cherry, Associate Planner, advised that the State's requirements and qualifications require an academic degree in a subject matter such as history. They are fairly stringent at the State level. She stated that she knows of many experts who have both academic and consulting professional- level experience in the field that would fill a complement of commissioners who do not reside in the City. Council Member Perkins had no problem with recruiting outside of La Quinta. Mayor Pena agreed as long as they are at least Valley residents. Council Member Sniff felt that selecting two Planning Commissioners would not solve this problem, because they may not have the required expertise. In response to Council Member Sniff, Mr. Herman advised that one of the three applicants has met the State's requirements. He noted that over time and as the City grows. there may be an opportunity to appoint all applicants residing in La Quinta. In response to Council Member Perkins, Mr. Herman advised that the ordinance establishes a minimum of five commission members. RESOLUTION NO.94-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ADVERTISEMENT FOR AN APPOINTMENT OF INDIVIDUALS WHO ARE NOT RESIDENTS OF LA QUINTA TO THE HISTORICAL PRESERVATION COMMISSION. It was moved by Council Members Bangerter?Sniff that Resolution No.94-20 be adopted as submitted. A brief discussion ensued in which Council Member Bangerter amended her motion as follows: BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 9 March 1, 1994 RESOLUTION NO. 94-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ADVERTISEMENT FOR AN APPOINTMENT OF INDIVIDUALS RESIDING IN THE COACHELLA VALLEY TO THE HISTORICAL PRESERVATION COMMISSION. It was moved by Council Members Bangerter/Smif that Resolution No.94-20 be adopted as amended. Motion carried unanimously. 5. CONSIDERATION OF REQUEST BY CITY OF INDIO TO REVISE THE PAVEMENT WIDTH OF MAJOR ARTERIAL STREETS IN LA QUINTA. Mr. Cosper, City Engineer, advised that the issue before the Council is whether the City should decide to initiate a General Plan Amendment process that would change the geometric cross sections of La Quinta's major arterial cross sections to match Indio's augmented major roadway cross section that they recently approved to conform with other local cities. He advised that the major differences of our arterial cross section and Indio's can be summarized into three areas: 1) their arterial section calls for 8' parking/bike lanes in both directions; 2) a narrower median 18' to 14'; and 3) a narrower parkway of 12' versus 9'. He advised that two types of crossings will impact the streets that cross at the city limits which are; 1) longitudinal shared-border crossings where the shared border is the centerline of the street, and 2) tranSverse shared-border crossings where the city-limit line is at a right angle to the street crossing. He further advised that the advantages of complying with the City of Indio's proposal avoids the transitioning of traffic at the comrnon borders and provides an additional 8' lane in each direction for either an emergency parking lane or bike lane. Funding opportunities would also be available through ISTEA for inter-modal facilities, as well as SB-821 grants for bikeway facilities. There would also be less landscaped area which wouM reduce the cost of maintenance. He stated that the disadvantages of the proposal would be the reduction of the landscaped aesthetics and 15% of the City's arterial street inventory would be impacted by having to remove current curb and gutter improvements at a later date in order to correspond with the new section. In response to Council Member Perkins, Mr. Cosper advised that the City would not be required in the near future to narrow some streets already in existence. The removal of the curb and gutter improvements would take place when the traffic conditions warranted widening of the streets. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 10 March 1.1994 Mayor Pena felt it was a good idea. however, expressed concern about the aesthetics and the rights-of-way. He did favor reduced rights-of-way where there would be a sidewalk and a wail immediately adjacent to it. He suggested reviewing the conditions to require meandering walls. Mr. Cosper believed that those kinds of conditions could be incorporated into the design standards. Council Member McCartney felt that it is a good idea to create uniformitv with our sister city. He asked what the ultimate cost would be for the City to make these changes. Mr. Cosper advised that with the exception of 15% of the streets that are impacted, 85% of the costs would be borne by the development abutting to. the arterial. Based on their evaluation. the cost would most likely be less than $1O0.000 to complete hese changes. In response to Council Member Sniff. Mr. Cosper advised that at the time the City of lndio implemented the new standards, they asked if we would consider their request. Council Member Sniff also expressed concern about diminishing the landscaped areas, because the broad landscaping along our streets has been what sets us aside from Indio. He felt uniformity and compatibility are important but was not convinced that there is not another way of doing this. In response to Council Member Perkins. Mr. Cosper advised that under Indio's proposed recommendation, the back of the curb to the property line would be 9' and the average sidewalk is 5 1/2'. He agreed that the sidewalk could be reduced to 4 1/2' in areas where there are no pedestrians which would leave approximately 5, of potential landscaping area. as well as setback requirements from the property line that create a wider landscaping area. Mr. Cosper presented an illustration depicting what the City currently has and what Indio is proposing and also photographs of Cook Street in Indian Wells. In response to Council Member McCartney, Mr. Cosper advised that minor lane width changes will allow tor a bike lane on the street itself: however. this change will reduce the landscaped area. In response to Council Member Perkins, Mr. Herman advised that there is a 30' landscape buffer back of the sidewalks along Washington Street. Mayor Pena felt that this can be explored further. but for the most part, he favored Indios proposal. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 11 March 1.1994 In response to Council Member McCartney, Mr. Cosper advised that with the ISTEA program coming up, there will always be new programs available to the City that address various transportation modes, such as golf carts, HOV lanes, trains, etc. Council Member Perkins felt that it would be helpful to the Council and the Planning Commission to look at a few locations. Council concurred. Ms. Honeywell, City Attorney, clarified that staff is requesting direction from the Council to start a General Plan Amendment process which Council will review as it progresses. Regarding the time element. Council Member McCartney did not want this delayed and miss by a couple of months. whatever opportunities that may be available to the City for Federal and State money. Mr. Cosper advised that there are many opportunities available to the City. Currently, staff is looking for an approval to move forward with such issues as wider landscaped areas on the edge of the streets. This can be dealt with through a wider right-of-way section going from 120' to 130' and addressing it at the General Plan Amendment stage in which the Council would give the final approval. Mayor Pena suggested moving forward with a General Plan Amendment on the conceptual level addressing major arterial street cross sections. MOTION It was moved by Council Members Sniff/Perkins to direct staff to prepare a General Plan Amendment that proposes to revise La Quinta's Major Arterial street geometric cross section for consideration by the Planning Commission and the City Council in Fiscal Year 1994-95. Motion carried unanimously. MINUTE ORDER NO. 94-60. 6. APPROVAL OF PRELIMINARY BUDGET FOR COUNTY SERVICE AREA 152- NATIONAL POLLUTANT DISCHARGE EL[MINATION SYSTEM. Mr. Cosper, City Engineer. advised that the issue before the Council is to consider a preliminary bud?et which the City must submit to the County Service Area 152 CSA 152) before the end of March. The CSA 152 was formed to provide a vehicle for local agencies in the Riverside County to collect monies in order to comply with the National Pollutant Discharge Elimination System NPDES) permit requirements. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 12 March 1. 1994 All Valley cities. with the exception of Indian Wells, have been annexed to CSA 152. He noted that the U.S. Environmental Protection Agency requires that all cities comply with the Water Quality Control Board requirements for stormwater discharge. Therefore, the City is required to apply for an NPDES permit by May 18, 1994. He proceeded to list the requirements under the NPDES permit and stated that the permit will be an ongoing program of Best Management Practices. He referred to the proposed budget in the staff report and advised that it will cost the City approximately $150,000 to comply with this requirement. The proposed budget to be submitted to CSA 152 will defray 100% of the City's costs imposed by these requirements. Based on the County's analysis, the annual assessment is $9.99 per benefit assessment area. The County has dictated that six Benefit Assessment Units BAU) per residential acre equates to approximately one BAU for every 7,200 sq. fi. of residential at a cost of $9.99 per year. There are 12 BAUs per acre for comrnercial developments at a cost of $27.52 annually. Golf courses will also be assessed at 1 BAU per acre for a cost of $1 per acre. Riverside County is proposing in the unincorporated areas $6 per BAU, Banning is proposing $15 per BAU, and Cathedral City has adopted their budget establishing a cost of $9.74 per BAU. He noted that the budget must be approved and submitted to the CSA 152 by March 31, 1994. A public forum will be scheduled for the City of La Quinta in May, 1994, and the County will conduct a public hearing in June, 1994. In response to Mayor Pena, Mr. Cosper advised that the preliminary budget will become the final budget unless the Council wishes to make any changes at the public forum. He noted that this requirement is imposed on the City by the National Government. The County has requested that the City hold a public forum in order to address local questions and then at that point finalize the budget and forward it on to the County so they can hold their public hearing and implement the program by the August 1st deadline for setting up assessment districts. In response to Council Member Perkins. Ms. Honeyweil. City Attorney. advised that our forum would be more of an informational meeting but the residents would be receiving a notice per parcel under the new Government Code requirement?s for any new assessments. La Quinta citizens could attend the District's hearing on the assessments should they wish to protest. Council Member Mccartney commented that originally a budget of $450.000 was estimated and now it is estimated at $150,000. He expressed concern that this mi?ht be too light of a budget and would prefer erring on the heavy side rather than the light side, especially with this being a new program. He asked if staff felt reasonably sure that this is an accurate number. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 13 March 1, 1994 Mr. Cosper advised that staff has attended all of the workshops relating to he requirements and the numbers in the budget comply with the requirements to obtain and maintain the NPDES permit. He noted that his is a sufficient number based on the historical information we have. MOTION It was moved by Council Members Sniff/Bangerter to approve the preliminary budget for submittal to CSA 152. Motion carried unanimously. MINUTE ORDER NO. 9?61. 7. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH GROUP DELTA CONSULTANTS, INC. FOR FORENSIC ENGINEERING SERVICES ON DESERT CLUB DRIVE. Mr. Cosper, City Engineer. advised that the issue before the Council is to consider a Professional Services Agreement for Forensic Engineering Services on Desert Club Drive in order to determine the cause of surface failures after a heavy rain in 1991. The Coachella Valley Water District CVWD) made temporary repairs to those failures. Conflicting opinions regarding the failures resulted after subsequent investigations by both the City and CVWD. The City contends that the surface failures were caused from either the sewer recently installed or the storm drain system from improper compaction and separation of joints. CVWD contends that poor construction of the Street is the cause for the failures. He further advised that at the City's and CVWD's request, Group Delta Consultants has reviewed the situation and has provided a two-phase approach to determine who is at fault for these failures. Phase I would consist of performing nondestructive testing on the site by localizing the areas where the failures occurred. After completion of Phase I, Phase II would require an Engineering Services Agreement at an estimated cost between $10,000 and $20,000. depending on how much destructive testing is required. He advised that the CVWD Board has agreed to pay for half of the cost for both phases. Staff recommended that Council approve the Professionals Service Agreement with Group Delta Consultants for Phase I Forensic Engineering for a cost not to exceed $5,000 $2,500 is the City's share). Council Member Perkins asked what the procedure will be when it is determined who is at fault. Mr. Cosper advised that if the City is responsible for the failure, either our City crews will correct the problem or through a subsequent project at that location. However, if it is CVWD's fault. then under the Encroachment Permit the City can require them to BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 14 March 1, 1994 make the necessary repairs to Desert Club Drive. MOTION It was moved by Council Members Sniff/Bangerter to approve the Professional Services Agreement with Group Delta Consultants for the Phase I forensic engineering services on Desert Club Drive with our Phase I costs to be $2,500. Motion carried unanimously. MINU'I'E ORDER NO.94-62. 8. CONSWERATION OF WIDENING IMPROVEMENTS ON FRED WARING DRIVE 1000 FEET EAST OF WASHINGTON STREET TO GALAXY DRWE. Mr. Cosper, City Engineer, advised that the issue before the Council is a review of the staws of improvements for a 2,500 lineal-foot section of?the north side of Fred Waring Drive, east of Washington Street, which surfaced as a result of the improvements proposed with the County in a Cooperative Agreement at the intersection of Washington Street and Fred Waring Drive. The cost will run between $200,000 and $320,000 to widen the remaining section of Fred Waring Drive to its full width if full-complemented improvements are included. He noted that drainage is a problem in this area, which the City would normally require a developer abutting the property to handle. However, with this not being the case, the City would need to acquire the nght-of?way and develop the drainage system to accommodate the drainage running off the street. He further advised that a Parcel Map has been filed for this section which contains a condition of approval requiring the developer to widen Fred Waring Drive and accommodate the drainage at their cost. Mr. Cosper noted that there are no funds currently available in the Capital Improvement Fund for these improvements. Staff recommended postponement of the improvements until the property is developed north of Fred Waring Drive. Council Member Perkins felt that this is an important function for traffic safety,. and even though there are no funds currently available, he asked that staff seriously consider including these improvements in the budget for FY 1994-95. Mayor Pena agreed and stated that traffic on Fred Waring will eventually warrant these improvements whether or not the area is developed. Council Member Perkins asked that the City Engineer consider the possibility of changing the striping along that section to gain two lanes westbound and maintain the two lanes eastbound. Mr. Cosper advised that he will look at it. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 15 March 1, 1994 9. CONSIDERATION OF SELECTION AND PLACEMENT OF SIGNAGE FOR CITY OF LA QUINTA SATELLITE BUILDING AT AVENUE 52 AND DESERT CLUB DRIVE. Mr. Bohien, Parks and Recreation Director, advised that the proposed signage will be located at the southwest corner of Avenue 52 and Desert Club Drive to identify the City's modular buildings and their use. Staff recommended that the style type and materials of the sign be of the same nature that is currently at the Senior Center site and the Washington Street bridge improvement site at a cost not to exceed $350.00 Mayor Pena asked who would be listed on the sign. Mr. Bohien referred to the staff report and advised that staff is proposing to identify the Parks and Recreation trailer on the sign and include riders for the City Corporation Yard and the Community Concerts Association. Council Member Bangerter noted that due to the confidential nature of Kidsline, it would not be displayed on the sign. Mr. Bohlen explained that they intend on using the site for recreational programs when a Recreation Supervisor is hired and a sign is needed to identify their location. Council Member Perkins agreed with staff's recommendation and felt that a wooden sign would look much nicer than a metal sign. He asked that signs be placed on the trailers identifying the organizations in each trailer. Mr. Bohlen advised that directional signs can be placed next to the sidewalk at the fork." Mr. Hunt, City Manager, stated that two riders would be used, one on the main sign and a second rider, for uniformity, placed on the trailer. MOTION It was moved by Council Members Sniff/Perkins to authorize staff to install a wobd sign in an amount not to exceed $350 for the City of La Quinta Satellite building at Avenue 52 and Desert Club Drive and additional individual identity signs on the trailer buildings. In response to Council Member Perkins, Mr. Bohlen advised that the price only includes one free rider. however? identity of the City Corporation Yard could be placed on the main body of the sign to keep the cost at $350. Motion carried unanimously. MINUTE ORDER NO.94-63. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 16 March 1, 1994 10. APPROVAL O? PARTICIPATION IN COACHELLA VALLEY RECREATION AND PARK DISTRICT SPECIAL EVENT. Mr. Bohien, Parks and Recreation Director, advised that due to budget cuts, the Coachella Valley Recreation and Park District is requesting City participation in the annual Easter Egg Hunt which they have conducted for the past 10 years. From the total program budget of $726, they have requested from the City $700. Staff recommended that $363 be allocated from the legislative Contingency account. In response to Mayor Pena, Mr. Bohien advised that he didn't know the number of residents participating in last year's event Council Member Bangerter commented that it was well attended last year. Council Member Sniff asked how it would become functional if the City only pays for half of the cost. Mr. Bohlen advised that the District would have to obtain the funds from other sources. In response to Council Member McCartney, Mr. Bohlen advised that the Council could stipulate that the funds be returned to the City if the District cannot obtain assistance from other sources. Council Member Mccartney wished to see this event go forward but expressed concern about the number of participants. If there was a substantial turnout last year, he would support it for the recommended amount, if that's sufficient, but if not, then he would encourage supporting the full amount of $726. Mayor Pena commented that it isn't the dollar amount so much as it is one governmental entity requesting of another and constantly asking for financial assistance. Council Member Sniff commented that should their request be legitimate, then a decision needs to be made whether this event should take place. He felt Mayor Pena's argument was very valid because many are attempting to pass their expenses on to others, but he also felt that we have an obligation to the residents. He believed this to be a viable and worthwhile event. If we only authorize partial funding, we could to a significant degree be guaranteeing that it may not happen. Therefore, he wished to flind the full amount. Mayor Pena suggested that the City's Parks and Recreation Department hold this event in the future. Council concurred. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 17 March 1, 1994 Council Member McCartney stated that if the City funds the entire event, he suggested that it be named the La Quinta Egg Hunt." Mr. Bohlen stated that it could be noted in the publicity material that this is an event Co- sponsored by the City of La Quinta. In response to Council Member Perkins, Mr. Bohlen advised that the City of Palm Desert has also funded the full amount for an Easter Egg Hunt. Council Member Perkins supported funding the full amount if the City is acknowledged as a co-sponsor. Council Member Bangerter commented that an Easter Egg Hunt event can be held at the Fritz Burns Park next year. MOTION It was moved by Council Members Sniff/Bangerter that $726 be allocated from the Legislative Contingency account for the purpose of providing the event funds for the CVRPD Annual Easter Egg Hunt and that it's indicated that La Quinta is the co- sponsor of this program. Motion carried unanimously. MINUTE ORDER NO.94-64. 11. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING TIThE 2 OF THE LA QUINTA MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF PRICE HIKES OF FOOD & CONSUMER SERVICES IN TIMES OF A STATE OF EMERGENCY. Mr. Hartung, Building and Safety Director, advised that Council directed staff on February 1, 1994 to develop an ordinance that would address price gouging during times of declared emergencies. A draft ordinance was prepared by the City Attorney for Council's consideration. In response to Mayor Pena, Mr. Hartung advised that the bill addressing this issue would preempt the City's ordinance if passed. Council Member Perkins commented that the bill may not pass. He asked that misdemeanor" be included in the ordinance under section e) Hearing, to read order a misdemeanor criminal complaint to be filed.," because the only action the City can file is a misdemeanor or an infraction. Ms. Honeywell, City Attorney, advised that misdemeanor would be added wherever criminal complaint is noted in that paragraph to read misdemeanor criminal complaint." BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 18 March 1, 1994 MOTION It was moved by Council Members Sniff/Bangerter that Ordinance No.244 be taken up by title and number only and waive further reading. Council Member McCartney complimented Council Member Perkins for addressing this issue because abuses do occur when disasters take place and hopefully this ordinance will deter it from happening in La Quinta. He felt by educating the citizens of La Quinta about what emergency supplies should be kept on hand, will avoid a huge rush to our local suppliers for these items. He also commended staff for their efforts in emergency services education. Mayor Pena felt that when people obtain a business license, they should be made aware of the ordinances that directly affect them in their business. Motion carried unanimously. ORDINANCE NO.244 AN ORDINANCE AMENDING CHAPTER 2.20 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 2.20.150 TO PROVIDE FOR THE REGULATION OF PRICE HIKES OF FOOD AND CONSUMER SERVICES IN TIMES OF A STATE OF EMERGENCY. It was moved by Council Members Sniff/Bangerter that Ordinance No. 244 with amended language be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None Mayor Pena suggested that staff look at removing an obsolete ordinance each time a new one is adopted. 12. CONSIDERATION OF EMPLOYER-EMPLOYEE RELATIONS RESOLUTION. Mrs. LiCalsi, Assistant to the City Manager. advised that the proposed resolution provides for the orderly conduct of business between the City and any employee organization and includes the framework for the meet and confer process.. employee rights, City rights, and the definition of confidential and management employees. She advised that the proposed resolution is in compliance with the Myers-Mellias Brown Act. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 19 March 1, 1994 RESOLUTION NO.94-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FOR ORDERLY EMPLOYER-EMPLOYEE RELATIONS BETWEEN THE CITY OF LA QUINTA AND REGULAR CITY EMPLOYEES. It was moved by Council Members Sniff/Bangerter that Resolution No.94-21 be adopted as submitted. Motion carried unanimously. 13. FISCAL YEAR 1994/95 BUDGET POLICY AND DEVELOPMENT GUIDELINES. Mr. Genovese, Ass't. City Manager, referred to the recommended guidelines for the development of the 994?95 fiscal year preliminary budget and the proposed overall policy parameters which provides a framework for this year's budget process. He noted that the economic outlook indicates a SlOW recovery for Southern California from the current recession, therefore, staff recommended a conservative approach to both revenue forecasting and expenditure planning. Although the budget will be austere, it will continue to provide the same level and quality of service to the community as in the past. MOTION It was moved by Council Members Sniff/Bangerter to approve the Budget Policy and Development Guidelines identified within the staff report and the attached calendar for the development and review of the Fiscal Year 1994/95 Preliminary Budget. Motion carried unanimously. MINUTE ORDER NO.94-65. 14. TRANSMITTAL OF TREASURER'S REPORT JANUARY 31, 1994. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report dated January 31 1994. Motion carried unanimously. MINUTE ORDER NO.94-66. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED MARCH 1, 1994. 2. AUTHORIZATION FOR THE ANIMAL CONTROL OFFICER TO ATTEND THE MARCH 17 THROUGH 19, 1994 CALIFORNIA ANIMAL CONTROL DIRECTOR'S ASSOCIATION CONFERENCE IN SAN DIEGO. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 20 March 1 1994 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING AND DEVELOPMENT DIRECTOR TO ATTEND THE 1994 AMERICAN PLANNING ASSOCIATION'S NATIONAL PLANNING CONFERENCE IN SAN FRANCISCO FROM APRIL 17-20, 1994. 4. REJECTION OF CLAIM BY ISMAEL DELVAL, DATE OF LOSS DECEMBER 29, 1993. 5. REJECTION OF CLAIM BY VICTOR PINSON, DATE OF LOSS DECEMBER 29, 1993. 6. REDUCTION IN MONUMENTATION SECURITY FOR TRACT 25865 ONE- ELEVEN LA QUINTA CENTER, WASHINGTON/ADAMS LIMITED PARTNERSHIP. 7. FINAL ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23971-1, LA QUINTA DEL ORO UNITED SAVINGS BANK. 8. REMOVED See Business Session No. lA). 9. ADOPTION OF RESOLUTION ACCEPTING KIDSLINE GRANT AWARD FROM THE GTE CORPORATION. MOTION It was moved by Council Members Sniff/McCartney to approve the Consent Calendar as amended with Item No.9 being adopted by RESOLUTION NO.94-22. Motion carried unanimously. MINUTE ORDER NO.94-67. STUDY SESSION 1. DISCUSSION OF MOBILE HOME RENT CONTROL. Mr. Herman, Planning Director, advised that in January the Council directed staff to report back with additional information on rent control The two options staff reviewed in depth were rent mediation boards and cooperatives. which are detailed in the staff report Mayor Pena commented that he preferred the mediation board. In response to Council Member Bangerter, Mr. Herman advised that these options have not been discussed with the residents of mobile home parks. however, they were informed about this meeting. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 21 March 1, 1994 In response to Council Member Perkins, Mr. Herman advised that there has been no indication from the mobile home residents of interest in purchasing the property. He commented that their main concern was the fluctuation of rents Council Member Perkins was supportive of a rent mediation board if it was properly formed but could not support rent control. In response to Council Member McCartney, Mr. Herman advised that the City would form the rent mediation board and the hearings would only be held if the need arose. Mayor Pena stated that the Commissioners would be from the City, however, if there was a mediation and the person requesting a hearing officer would pay for that service. In response to Council Member Bangerter, Mr. Hunt, City Manager, advised that the parties involved would not be bound by the board's decision but the hearing officer's decision would be final. He noted that it would be up to the Council how the board is to function. Council Member Perkins advised that Culver City has been very successful with a rent mediation board and asked that staff obtain a copy of their ordinance and follow it as closely as possible. Mayor Pena suggested directing staff to review the various parameters of a rent mediation board and further review jurisdictions outside the valley. Council Member Sniff felt that this should be kept as simple as possible and with the least possible City intrusion. Council Member McCartney agreed that a rent mediation board should be further pursued, however, he felt that we should make an extra effort to educate the citizens on the various possibilities. He felt that the most effective way in dealing with the issue altogether would be to form a cooperative. He noted that it is difficult for the tenants to look three years down the road when rent has to be paid today. However, there are many options outlined in the report which may or may not be of interest to the citizens who approached the City about this matter. He felt that we owe it to them to give them the option of looking into these possibilities, noting that an informal meeting may be more comfortable for them. Council Member Bangerter concurred with the suggestions made but felt that any time we can settle disputes through arbitration or mediation we would be farther ahead than contending with ongoing litigation. BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 City Council Minutes 22 March 1, 1994 DEPARTMENT REPORTS Planning? Department Mr. Herman, Planning Director, advised that staff is continuing to gather information relative to the South Coast Air Quality Management District SCAQMD) and the ability to remove ourselves from that District. He noted that the City Manager from Blythe indicated that it took them two years to accomplish this effort and put themselves in the Mohave District and suggested that we begin communicating with the Board of Supervisors, members of the SCAQMD staff, and the Mohave Desert District. He also noted that Assemblywoman Bornstein has submitted AB 3255 in the legislature to remove portions of Riverside County from SCAQMD and add it to Mohave District. Staff will monitor the bill and inform Council of any modifications Mayor Pena asked that a letter be sent from the City Council indicating the City's support for this bill, as well as contacting the Board of Supervisors, SCAQMD, and Mohave District and advising them of our intentions. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member McCartney reported that the committee made up of Council Member Bangerter, himself, and staff interviewed six finalists who presented their proposals for Redevelopment and Economic Development Consulting Services for the City. Our current provider, RSG, rated number one for both service and cost. He noted that a report will be presented at the next Council meeting. There being no further business, the meeting was adjourned. Resp tfully submitted UNDRA L JUHOLClerk City of La Quinta California BIB] 01-13-96-U01 03:11:02PM-U01 CCMIN030194-U02 g La Quinta City Council Special Meeting Minutes March 1, 1994 A special meeting of the La Quinta City Council was held at 11:30A.M. on March 1, 1994 at the La Quinta Hotel Tennis Club. PRESENT: Council Members Bangerter, Mccartney, Perkins, Mayor Pena ABSENT: Council Member Sniff The purpose of said meeting was to meet with members of the board and staff of the Coachella Valley Boys and Girls Club at their request to express appreciation for the City's continuing support. No business was conducted. Res tIully submitted, AUNDRA L. JU OLA, City Clerk City of La Quinta, California BIB] 01-13-96-U01 03:08:41PM-U01 CCMIN030194-U02