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1994 12 20 CC Minutes LA QUINTA CITY COUNCIL MINUTES December 20, 1994 Regular meeting of the La Quinta City Council on December 20, 1994?was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Perkins, Sniff, Mayor Pena ABSENT: Council Member McCartney MOTION It was moved by Council Members Perkins/Bangerter to excuse Council Member Mccartney. Motion carried unanimously. CONFIRMATION OF AGENDA Confirmed ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENTS Mr. Robert Tyler, 44-215 Villeta Drive, expressed concern that the City Council has failed to inform La Quinta citizens about the status of the auto mall. He didn't believe that La Quinta residents should have to travel to another city's meetings to find out what is going on in La Quinta, nor should they have to read about it in the newspaper. He didn't understand why there have been so many meetings of both City Councils and with the developer and that they have all been held in closed session. He noted that substantial street improvements have been constructed in the area of the proposed auto mall and felt that the City was giving priority to that area's development. He referred to numerous articles in the newspaper that the City is considering offering concessions to the developer of the proposed auto mall and noted that a campaign manager for one of the council members is the consultant behind the project. He stated that few facts have been made public and when that happens, rumors run rampant. He questioned why the proposal has been discussed during closed sessions since those hearings are restricted to personnel items or discussions of possible or pending litigation. He felt that it's long over-due for the citizens to be informed about this project. Mayor Pena advised that the Council has discussed the proposed auto mall during Council's study sessions which are open to the public. The street improvements at the intersection of Jefferson Street and Highway 111 were made by the City of Indio, not La Quinta. He advised BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 2 December 20, 1994 that the Council is not hiding anything and noted that public hearings will be held once an application is submitted by the developer. He advised that while negotiations are on-going the Council hasn't made any commitments regarding the auto mall project. Ms. Honeywell, City Attorney, advised that the auto mall has been discussed in closed session under Government Code 54956.8. That section allows discussions regarding transfers of real property, and there are transfers of City and/or Redevelopment Agency property involved should this potential agreement go forward. The proposed structure of this development will require a Development Agreement and Environmental Impact Report which require public hearings before the Planning Commission and the City Council. Council Member Sniff advised that the Council has not made a deal? with anyone. but are presently trying to gather information. Mr. Randall Wright. 54-295 Eisenhower, commented about the auto mall advising that he has many of the same concerns that Mr. Tyler has. He understood that millions of dollars in subsidies are being offered to an out-of-state corporation that is worth $5 billion. There's no guarantee that the developer will complete the project or they might sell it to another developer, once approved. He recalled other financial happenings within the City and believed it's critical that the City's money be watched carefully, believing that end costs are usually higher than estimated in the beginning. He agreed that jobs for the community are important. but he questioned how long it will take for the City to realize any revenues from the proposed development if millions in subsidies are involved. He asked that all entities involved, including the developer, be required to give full disclosure to the public to verify that the developer has the financial capability to withstand any gap in the development. He referred to the incomplete malls at Moreno Valley and City of Hemet and the difficulty they've experienced. He expressed concern regarding the effect the proposed auto mall might have on the City of Indio's downtown area and felt it unfair to clean out Indio's downtown. Mayor Pena advised again that the Council hasn't made any commitments to the developer. Full disclosure will be made before the Planning Commission and City Council in public hearings if the project is formally submitted. Council Member Sniff empathized with both speakers, noting that the Council has solicited information from the developer and full disclosure has been difficult to obtain from them. He felt that some people have gone to the media in an effort to influence certain people. He expressed assurance that no deals will be made behind closed doors. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 3 December 20, 1994 WRITTEN CORRESPONDENCE 1. Letter from Desert Communications & Marketing, Inc. regarding placement of an ad in the 1995 La Quinta Arts Festival Program. Council Member Sniff suggested that the letter be referred to staff and the La Quinta Arts Foundation for a recommendation. Council concurred. 2. Letter om Community Concerts of La Quinta regarding a funding request. Council Member Sniff noted that the fiscal year is nearly half completed and suggested that the request be referred to staff for review and recommendation. In response to Mayor Pena, Mr. Genovese, City Manager, advised that the mid-year budget review will be held in February. Council Member Bangerter wished to see the request come back to the Council as an agenda item because she believes it is an excellent program that deserves support. Mr. Martin Langer, 49-994 El Circulo, gave a brief history of Community Concerts advising that this is eir 45th season. He noted that they are currently located at Sun City. This is the first year they have solicited funds even though their program is now in the La Quinta schools. Council referred the matter to staff for consideration during the mid-year budget review. BUSINESS SESSION CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF THE FRITZ BURNS COMMUNITY PARK PHASE I, PROJECT 94-4. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Cosper, Public Works Director, briefly outlined the agenda to be covered by staff. Mr. Bohlen, Parks and Recreation Director, advised that staff prepared a pool survey to gauge three areas of interest: 1) programming, 2) fees and charges, and 3) days and hours of use. Staff mailed 7,000 surveys on November 18th with a deadline for returns of November 25th. Staff received 946 responses by the deadline which were tabulated by BSI, and an additional 111 were received after the deadline that were not tabulated. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 4 December 20, 1994 Of the 946 responses, 567 surveys indicated preferred programs while 379 indicated no interest in offered programming. Family swim and open swim were the most popular programs selected, followed by fitness and instruction classes. In regards to fees and charges, there was an indication of softness in the market for adult-oriented activities and hardness in the market for youth-oriented activities. The responses regarding days and hours of use indicated that 60% would use the pool one to four days per week with 40% not using it at all. The most popular time period for use was noon to 6:00 p.m. When asked how many people in the household would use the pool the total was 896 people with 40% indicating that no one in their household would use the pool; 52% indicated that between one and four persons in their household would use the pool. 41% of the respondents supported the waterslide while 43% did not. Mr. Cosper advised that 14 bids were received. The engineer's estimate for construction of the project was $2,188,900 and the average bid received was $2,228,000. Granada Construction was the low-bidder at $1,861,456; second was J. T. Dunphy at $2,128,000; and third was D. M. Erickson Company at $2,188,245. He advised that Granada Construction requested that their bid be withdrawn due to a clerical error on their bid which staff reviewed and confirmed. Staff recommended that Granada Construction's bid be allowed to be withdrawn. Staff determined that the second low-bid from J. T. Dunphy was not in compliance with bidding instructions because their subcontractors list totaled 56% and the maximum allowed is 50%. He advised that J. T. Dunphy submitted a revised subcontractor's list, but bid documents cannot be revised after the bid-opening; therefore, staff recommended that 3. T. Dunphy's bid be declared nonresponsive. Staff recommended that the contract be awarded to the third low-bidder, D. M. Erickson, as the lowest, responsive-bidder. He advised that the construction cost of the project consists of the base bid of $1,890,000 with a total contract bid of $2,188,000 with all six alternatives based on the bid submitted by Erickson, which is approximately $500 below the engineer's estimate. Staff recommended approval of contract change orders with T. I. Maloney for on-site engineering service and Tn-Lakes Consultants for inspection services at a total cost of $115,000. Approximately $329,000 has been spent to-date for preliminary engineering, engineer's estimates, plan specifications and plan check costs. Other additional costs to this project are: approximately $50,000 for owner-furnished equipment that the City will provide, as opposed to the contractor supplying and including his overhead profit; $175,000 for the aquatic building furnishings; and $25,000 for miscellaneous costs such as signs around the pool area. This will bring the total project cost to $2,882,522. In response to Council Member Bangerter, Mr. Cosper advised that the Phase I of the project consists of a four-acre park area, pool and facilities, and parking. Subsequent phases will include expansion and improvements to the tennis court area and recreation department offices. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 5 December 20,1994 In response to a member of the audience, Council Member Bangerter requested that a project drawing be retrieved for public viewing explaining that the reason it wasn't displayed was because the master plan was already approved by Council and the present meeting was only to consider award of a bid. Mr. Cosper advised that additional funding is needed to complete the project along with the available approved-funding of $1,540,000. Staff recommended that $1.3 million of the additional funding come from infrastructure funds and $525,000 from community services funds After re!easing $401,000 of Redevelopment Agency funds away from the project, the total remaining to complete the project will be $2,882,000. Mr. Cosper advised that construction is scheduled to begin January 21st with an estimated completion date in May, 1995. The pool should be operational by June 20, 1995. Mr. Cosper then reviewed the project drawing for the audience pointing out the various aspects of the project: a 25-yard main pool, a tot pool. shade structures, a super double- pretzel waterslide, an aquatics building that includes restrooms and locker rooms, pool equipment storage areas, fencing, parking, and full street improvements to both the old and new Avenue 52. The main pool will be eight lanes: six for competitive swimming and two for lap swimming. The depth of the main pool will be 3 feet to 9 feet and 1 feet for the tot pool. The tot pool is designed to hold up to 65 children and is covered with a shade structure on the north side. Year-round operation is proposed by staff by utilizing gas to heat the pool. He further advised that Coachella Valley Joint Powers Insurance Authority CVJPIA) notified the City that they will not provide insurance coverage for the first $1 million in injury or damages resulting from use of the waterslide. Commercial coverage may be obtained at an annual cost of $35,000 to cover the first $1 million and the City is automatically covered for anything beyond that amount through CVJPIA's current liability plan. In response to Council Member Sniff, Mr. Cosper advised that staff recommends elimination of the waterslide at the present time, but the pool configuration, plumbing, and foundation would be constructed in a manner that would allow the future addition of a waterslide. Elimination of the waterslide reduces the project Cost by $100,000. Pool revenues are estimated to also be reduced by approximately $11,000, but operation costs would still be reduced by approximately $54,000 due to reduction in staff and additional liability insurance coverage. Mr. Cosper reviewed the revised operational budget for the pool facilities. He advised that staff recommended in September 1994 that annual operational costs would be $260,586 with the funding being provided as follows: BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 6 December 20, 1994 Pool Revenue $ 86,890 Lighting & Landscape $ 80,000 General Fund $ 93.696 Total $260,586 He advised that elimination of the waterslide will reduce the operational costs to $241,000 with the funding amounts as follows: Pool Revenue $ 75,280 Lighting & Landscape $ 80,000 General Fund $ 86.469 Total $241,749 Mr. Cosper advised that there were three decision areas to consider. 1) award of the contract, 2) the project budget which requires additional funding, and 3) the decision to retain or eliminate the waterslide from the project. He reviewed the various issues related to these three areas and outlined staff's recommendations as follows: Decision Area #1 * Grant relief of bid requirements, without prejudice, to apparent low- bidder, Granada Construction, due to verified clerical error in bid documents. * Declare second low-bi4der, James T. Dunphy Co., nonresponsive??, due to noncompliance with bidding instructions. * Award contract for construction of the Fritz Burns Community Park Phase I, Project No. 94-04 the lowest, responsible bidder, D. M. Erickson Construction Co., of Escondido, California, in the amount of $2,188,245. Decision Area #2 * Authorize staff to execute a change order to T. I. Maloney to increase the scope of work to include construction support for the Fritz Burns Community Park Phase I. * Authorize staff to execute a contract change order to Tn-Lakes Consultants to increase the scope of work to include construction inspection for the Fritz Burns Community Park Phase I. * Approve the revised Project Budget of $2,882,522 for the construction of the Fritz Burns Community Park Phase I. Decision Area #3 * Authorize staff to negotiate for Council approval Change Order No.1, eliminating the waterslide from the project. Council Member Perkins questioned the discrepancy in estimated construction and operational costs as reported in previous staff reports BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 7 December 20, 1994 Mr. Cosper advised that approximately $30,000 in additional costs were added due to firming-up of construction costs related to engineering, inspections, and testing. In regards to the operational costs he advised that the $260,000 amount is the amount submitted to Council in the September 20th staff report. He advised that the December 20th staff report has a clerical error of $35,000 due to that figure being subtracted twice. The correct amount is $241,000 as given in the oral report. Council Member Bangerter advised hat Council would receive public comments at this time. Mr. Robert Tyler, 44-215 Villeta, spoke in opposition to the proposed project because a large percentage of La Quinta residents have private swimming pools or live in gated communities with pools, and the La Quinta High School has a pool that can be utilized for public use. He stated that the Fritz Burns Park is not located in the large population center of the City and 40% of the households who returned surveys indicated they will not use the pool. He stated that pool construction and maintenance is expensive, especially when heating year-round, and felt a community pool is a real liability as well. He said that when you calculate the pool cost and the current City population of approximately 16,650, each resident will have to pay $170 for the pool. He asked that the project be canceled or placed on the next ballot to allow the residents to decide. Mr. Wally Reynolds, 79-860 Fiesta Drive, read a petition from La Quinta Taxpayers stating that he isn't against the Fritz Burns Park, but against such a commitment to a localized enterprise. He didn't understand why the City would consider building such an expensive project when 40% of the surveys indicate no desire for the pool; yet the City is reluctant to spend $20,000 for repairs to open Dune Palms Road. He said the survey didn't ask if the pool was wanted. He read the petition which addressed the following: 1) the issue should be put on the ballot for voter decision; 2) how many cities were contacted regarding costs. and 3) is the project really feasible. He read a list of developments that have their own private pools and noted that there are more than 100 pools in the Cove area alone. The petition declared that Dune Palms Road and Adams Street should be completed as well as the regional park at Adams Street and Westward Ho Drive. Mr. Richard Crockett, 78-680 Via Melodia, spoke in opposition to the project also noting that the survey failed to ask if the pool was wanted. He referred to the low percentage of residents voicing an interest in a pool through the returned surveys. He felt that the City should negotiate with the high school for public use of their pool and suggested contacting other cities to find out what problems they have encountered related to community pools. Mr. Robert Metkus, voiced opposition to the pool because he didn't believe the survey indicated a need for it. He questioned the reality of receiving sufficient revenues during BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 8 December 20, 1994 the winter months and suggested that the high school pool be utilized instead. He felt that there are other needs within the City more important than a pool. Mr. Harry Yates, 79-910 Fiesta Drive, advised that he had lived in a community that had a good joint-use arrangement between the city and the school district regarding pool use. He felt that there are more important needs within the City, such as road improvements. Ms. Judith Tomak, 54-991 Tanglewood, was opposed to the pool pointing out that the message of the voters in the fall was to stop spending money for luxuries, duplications, and programs that don't benefit the people. She felt it is irresponsible for government officials to ignore the voters' wishes to pursue their own multi-million dollar agenda. She believed that we are living in a time of fiscal uncertainty and felt it foolish to consider this $2.8 million expenditure. She didn't understand why the City is proposing a multi-million dollar luxury item that will include yearly maintenance costs when taxpayers are demanding lower taxes. She believed that moves such as this come back to haunt small cities. She felt that the voters have clearly voiced that they want their money spent fighting crime to make their streets safer. She agreed with others that the City should negotiate with the school district for shared-use of their pool, rather than duplicate the facilities. The residents have a right to expect cooperation between government agencies. Mr. Jacques Abels, P.O. Box 1416, La Quinta, said he was opposed to the pool at the present time and shared some figures regarding operational costs and revenue projections. He disagreed with staff's proposed costs and revenues due to his experience with other community pool facilities. He advised that yearly revenues from the Indio's Pawley Pool were only $42,000 and the population in Indio is three times that of La Quinta. He felt the idea of year-round use of the pool was erroneous. Mr. Donald Marrs, 76-955 Avenida Fernando, stated he was opposed to the pool for many of the same reasons given by others. He didn't like the survey because it didn't ask if the residents wanted the pool and he believed that the low number of responses indicates a low interest also. He believed that it will cost more to heat the pool than staff has estimated. He concluded by stating that a City the size of La Quinta shouldn't contemplate constructing such an expenditure and noted that it's not the children who vote in the election booth. Mr. Scott Breithaupt, 51-150 Calle Obispo, spoke in support of the project. He appreciated the comments from the community's seniors, but as a father is concerned for the community's recreational needs for the youth, as well as safer streets. He submitted a letter from the Truman-Adams PTA supporting the pool. Ms. Laura Hinderaker, 79-925 Horseshoe Road, supported the pool, but recommended some changes. She suggested that the high school pool be utilized for competition events BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 9 December 20, 1994 and the Fritz Burns Park pool be constructed as a recreational pool only, thus reducing the size and cost. She felt that the pool will be an asset to the community and community funding should be pursued. She urged staff to work with the school district to utilize their pool along with the Fritz Burns Park pool to help cut costs for both agencies Ms. Nicole Nard, 78-636 Bottlebrush, felt that the pool at Fritz Burns Park is a good idea for kids in La Quinta who don't have a pool because it will keep them busy during summer months, rather than roaming the streets. She believed that a pool is needed within a park facility to give kids enough room to socialize around the pool, as well as swim together. She felt that kids who have their own private pool will use a community pool in order to swim and play with their friends. She suggested that the pool season be restricted to late spring and early fall to help reduce operational costs. Ms. Kay WoI?, 77-227 Calle Ensenada, assistant principal of Truman-Adams School, spoke in support of the pool advising that the school principal, Diana Cardinali supports it also. She understood that he pool was already approved and was surprised that the concept is still under consideration. She didn't believe that the City can afford not to build the pool because it's an investment in our youth and community and gives all ages an opportunity for outdoor recreation. She believed that the 60% who indicated that they will use the pool is good, considering the low number of surveys returned. She added that the schools do not get a good return on surveys they distribute either. She noted that 1,300 students from Truman-Adams live south of Highway 111 with the majority living in the Cove area; therefore, most of those students will be able to walk or ride their bikes to the park. The high school is approximately seven miles away from the Cove area and the Boys and Girls Club is four miles away. Ms. Nancy Nard, 78-636 Bottlebrush, supported the pool stating that she doesn't have a pool nor does she have access to one and is a mother who does vote. She felt that the community has waited a long time for this park and pool facility and believed it will give the youth of the community an opportunity to have sports events and parties there. She believed that most of La Quinta's citizens are unaware of the current discussions and will be disappointed if the pool project is canceled because the pool was included in the park plan when approved during the public hearings. She stated that the estimated cost of the pool concerns her also and suggested that a compromise be negotiated; perhaps competition swimming at the high school and recreational swimming only at the park pool. Mr. Fred Wolff, 77-227 Calle Ensenada, stated that many of the lots in the Cove area are too small to accommodate a pool and most of the families are low to middle-income households. He believed the community needs the pool for outdoor youth recreation, noting it has been a dream of many since the City incorporated. The dream began to seem possible when Landmark Land Company provided $1 million to the City for a special community project. He believed the Council must look to the needs of the BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 10 December 20, 1994 comrnunity and this community needs a pool. He felt it would be exceedingly insensitive to not" build a pool. Mr. David Erickson, 12619 Oakwood Court, Poway, representative of D. M. Erickson Construction; urged Council to follow staff's recommendations on the project and advised that any delay in the project will postpone it until summer and construction costs will increase. Mr. Robert Tyler, suggested that the City use $500,000 of the $1 million designated for the pool to build a scaled-down pool for the community and place the other $500,000 in investments to help support the maintenance of the pool. He believed that would reduce the taxpayer's concerns. Mr. Seth Ettinger, 78-720 Avenida La Fonda, spoke in support of the pool advising that he doesn't have children, but does have a pool. He felt that the children of the Cove area need the most help and believed that those speaking against the pool can afford to help pay for one. Council Member Sniff advised that the issue is a tough call. noting there is an obvious division of opinion over the matter. He asked staff to comment on Mr. Reynolds concerns regarding Dune Palms Road and Adams Street. Mr. Cosper advised that permits have been obtained for the Adams Street crossing and Granite Construction was issued a Notice to Proceed by the Desert Sands Unified School District. The cost for completing that project has increased from $70,000 to $300,000 because the crossing was required to be upgraded by outside agencies. Construction is scheduled to begin January 1st and should be completed by March, 1995. The Dune Palms Road crossing increased in costs from $60,000 to $300,000 for the same reasons and funding assistance has been requested from the Army Corp of Engineers through their hazard mitigation funds. He estimated that it will be six to eight weeks before the City receives an answer to that funding request. In response to Council Member Sniff, Mr. Cosper advised that redesigning the pool would involve significant costs and change to the hid documents and plan. The original engineering cost for designing the pool was $329,000. Council Member Sniff asked Mr. Bohien what percentage of the City's population resides in the area generally classified as the Cove. Mr. Bohlen advised that the 1990 U.S. Census records indicated a total population of 11,215 within the City of La Quinta at that time, but the Department of Finance estimates the current population over 16,000. Using the 1990 figure of 11,215, there were approximately 8,100 residents living in the Cove at that time. He advised that an BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 11 December 20, 1994 update of the City's growth was recently done for the Parks & Recreation Commission that indicated that the City's growth is occurring equally throughout all of La Quinta. In response to Council Member Sniff, Mr. Bohien advised that the Quimby Funds must be used solely for park acquisition and development for the purpose of benefiting the residents within a reasonable proximity of the project. Council Member Sniff advised that the Landmark Land Funds were allocated for recreational and aquatic facilities to mitigate the loss of access to Lake Cahuilla. Mr. Cosper advised that $525,000 is available through the Community Services Funds for funding this project. A portion of the infrastructure funds were also set-aside for park facilities and $1,218,000 is available for the project. In response to Council Member Sniff, Mr. Cosper advised that if the project is put out to bid again, the project will be delayed approximately four months with an estimated completion by the end of July, 1995. In response to Council Member Sniff, Mr. Bohlen advised that staff met with La Quinta High School's Principal, John Gafney, and Dolores Ballestreros, Desert Sands Unified School District Superintendent, regarding joint use of the their pool. They are willing to work with the City in this effort and have asked if the City is willing to share maintenance cost of the pool before there was any discussion about joint-use. Council Member Sniff asked if any other organizations have been contacted for interest in joint-use of a community pool in La Quinta. Mr. Bohlen advised that discussions have been primarily held with the local Desert Sands Unified School District schools and their Principals have expressed interest in using the pool for some of their school activities. The Boys and Girls Club and Family YMCA have also indicated interest in using the pool. He advised that it might be possible to make arrangements to rent out the facilities for private parties as well. In response to Council Member Sniff, Mr. Cosper advised that the proposed pool is handicap accessible and senior activities could be conducted in the pool. Council Member Perkins advised that the 1990 census is five years old and doesn't give an accurate count of the Cove population currently versus the balance population of the City. He asked for clarification on the use of the Quimby Funds. Mr. Genovese, City Manager, advised that the Quimby Funds are dedicated funds from new developments in the City and can be used for neighborhood or community parks. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 12 December 20. 1994 Council Member Perkins didn't believe the City has actively pursued joint use of the high school pool. He asked staff if proceeding with the pool project would delay, or cause to abandon, any capital improvements, road maintenance, or other infrastructure. He also asked the status of the bridge widenings on both Washington Street and Eisenhower Drive. Mr. Cosper advised that he knew of no capital improvements that would be affected. The bridge widenings are identified in the Capital Improvement Program, but are planned for future-year funding. The Fritz Bums project funding was set-up to be available before the bridge widenings. Council Member Perkins expressed concern that spending funds on projects like the pool will hamper street repairs. He was also concerned that staff has not attempted to discuss this project with him even though he has voiced objections to the expenditure. Mr. Genovese advised that street maintenance has to be worked into the City's operating budget. but capital improvement funds can be used at any time for street construction. The City will be reviewing all capital improvements in the upcoming months. In response to Council Member Sniff, Mr. Cosper advised that the City does have the funds necessary to construct the project. Council Member Sniff felt it is important that the project be constructed and maintained without any assessment or additional taxes. Mr. Genovese advised that $80,000 from the Lighting and Landscape District Funds has been earmarked for this project and the additional funds will come from program fees and/or the General Fund. Council Member Perkins voiced dissatisfaction that the pool survey didn't ask the residents of La Quinta if they want a pool and/or are willing to pay for it. He advised that there is one pool to every five dwellings in the City currently. This includes 100 pools in the Cove area, noting the Cove lots must not be too small to accommodate pools. He advised that Moreno Valley built a pool in 1986 for $800,000 and gave it to the school district a year later; they now have a joint-use operation. The Desert Hot Springs Boys and Girls Club pool is opened during summer only and has an average daily attendance of 79. The annual operation cost of the City of Banning's pool is $150,000 and all their expenses are paid by the school district; the City of Beaumont pays $135,600 annually. There are two pools in the City of Coachella and are open for ten weeks with an average attendance of 75 per pool with costs of $25,000 for materials and 400 man-hours for maintenance. The City of Palm Springs' pool is open year-round and they have a joint-use contract with the high school; their maintenance costs are $250,000 to $300,000 annually. The City of Palm Desert has proposed a pool that will be a joint-venture with the YMCA. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 13 December 20, 1994 He felt that some of the Fritz Burns Community Park funds could be utilized to build a community park in north La Quinta and was concerned about the 10% increase in City employees required to run the pool at a time when the people are telling governrnent to cut back. He suggested that it would be less expensive to utilize the high school pool and provide a shuttle service to and from the Fritz Burns Park. He also believed it will cost more to heat the pool than staff has estimated. He expressed concern that the pool will not be used enough to support it and questioned what recourse the City will have then. He suggested using the high school pool for a few years to determine the need and costs. He felt that the citizens of La Quinta should be given a break by eliminating the property tax. In response to Council Member Bangerter, Mr. Bohlen advised that the Aquatics Coordinator will work at Y4 time and the remaining pool staff will work less than 1,000 hours annually; many of them will work less than 500 hours annually. Some of those employees will also be used at the high school during school months which will reduce staffing cost significantly. Council Member Sniff felt it was unfortunate that the project has become such a divisive issue and noted that all those involved are members of the same community. He advised that probably half of the City's population lives within two miles of the project which will be available for use to every resident of the City. He felt that all parts of the community are important. The City recently spent a sizeable amount of money to complete the Senior Center for all of La Quinta's seniors and noted that there will be major costs involved with operating it. The City has provided funds/property for other community projects such as the YMCA and Boys and Girls Club from which the City derives no revenue, but those projects do help and accommodate the needs of the residents of La Quinta. He believed that the City has spent its money wisely and should continue doing so. He didn't support any additional taxes and believed that the project can be accomplished without that necessity. He suggested that the City's staff should be innovative in finding ways to fund the pool, maximizing the generation of funds to pay for operational costs. He felt it is far better for the City to provide recreational facilities for its many citizens who won't have them unless he City provides them, rather than needing to provide additional police to pursue the youth out on the streets. The youth are just as important as the seniors whom the City has provided a center for and he believed the City should provide a recreational facility for the youth as well. He felt that the Council's decision is a tough call because of the many worthy public comments given. He advised that he will not vote to raise taxes and wished to indicate to staff that they should make every effort to maximize revenue from innovative uses of the pool. He suggested limiting use of the pool to late spring, summer, and early fall to reduce operating costs. He felt that the issue is a challenge, but one that is important to be met. He supported the pool just as he supported the YMCA, the Boys and Girls Club, and the Senior Center because they represent components of a well-rounded, well-developed, and well-managed cQmmunity. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 14 December 20,1994 Council Member Bangerter concurred that the issue is a difficult decision, but advised that Council has already determined, during the preparation of the Capital Improvement Program, that this project is a priority need and the decision before the Council currently is the awarding of the contract. She noted that family swimming was the top choice in the survey and felt that the Council is responsible for helping families accomplish the values important to them, just as the City has done with other community projects She didn't feel that utilization of the high school pool will supply the community's needs for tot swimming, senior aerobics programs, nor easy access for children who can skate, ride bikes, or walk to the Fritz Burns Park. She felt that Ms. Nard's comment about needing room to socialize around the pool was important and that operation costs can be reduced by limiting use of the pool to spring through fall only. She supported the project because she felt that the project is an important and valuable recreational issue in the community. Council Member Sniff advised that he didn't support the water slide because of the excessive costs and liability. He appreciated all the comments given in opposition to the project, but felt that the City should move forward with the project. MOTION It was moved by Council Members Sniff/Bangerter to 1) grant relief of bid requirements, without prejudice, to apparent low-bidder, Granada Construction, due to a verified clerical error in bid documents; 2) declare second low-bidder, James T. Dunphy Co.. *?nonresponsive", due to noncompliance with bidding instructions; 3) award contract for construction of the Fritz Burns Community Park Phase I, Project No.94-04 to the lowest, responsible bidder, D. M. Erickson Construction Co., of Escondido, California, in the amount of $2,188,245; 4) authorize staff to execute a contract change order with T. I. Maloney to increase the scope of work to include construction support for the Fritz Burns Community Park Phase I; 5) authorize staff to execute a contract change order with Tn-Lakes Consultants to increase the scope of work to include construction inspection for the Fritz Burns Community Park Phase I; 6) approve the revised Project Budget of $2,882,522 for the construction of the Fritz Burns Community Park Phase I; and 7) authorize staff to negotiate for Council approval Change Order No.1, eliminating the waterslide from the project. Motion carried with Council Member McCartney and Mayor Pena ABSENT and Council Member Perkins ABSTAINING. MINUTE ORDER NO.94-269. Council Member Perkins questioned the legality of the vote believing that there was a quorum involved with the discussion, but not a quorum on the vote because an abstention vote is not counted as a vote. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 15 December 20, 1994 Ms. Honeywell advised that Council did have a quorum of three for the vote and a majority of that three vo?d in favor of the mo?ion, therefore, there is a majority of the quorum. She added that an abstention vote goes with the majority vote. Council Member Perkins disagreed with Ms. Honeywell's decision and wished to see the matter investigated further. He advised that on a five-member Council there must be a minimum of three council members voting and believed that an abstention vote is not counted as a vote and that an individual does not have to give a reason for an abstention. Ms. Honeywell advised the Council that they could accept action on the motion and direct the City Attorney to review the argument and if Council Member Perkins' opinion is found to be correct, the Council would then be unable to carry-out the motion. In her legal opinion, Council Member Perkins' abstention vote, which was made after being present at the discussion, is counted with the majority, as opposed to Mayor Pejia's abstention vote, who abstained from the discussion entirely because of a conflict of interest, he is not counted present, nor is his abstention vote counted as part of die quorum. Council Member Perkins offered information for the Ci? Attorney to review concerning his stand on the issue. Ms. Honeywell advised the Council that they could move to reconsider the motion and continue the matter until the next meeting to provide her time to review the issue. MOTION It was moved by Council Members Sniff/Bangerter to reconsider the motion regarding the Fritz Burns Community Park bid award. Council recessed to allow the City Attorney time to review the issue. Council reconvened. Ms. Honeywell advised that she had reviewed Council Member Perkins' material and believed the confusion is whether or not a council member is counted present for purposes of a quorum when abstaining from a vote. She believed that they are two separate issues and read from Roberts' Rules of Order regarding the calculating of votes which states that *?all votes are calculated on the basis of present voting members; with the right to vote, goes the right to abstain and abstentions have no affect on the calculation of the vote.' She referred to another section that specifies that there is no requirement that a quorum vote be on any given motion and is entirely possible that members will abstain. The rule of the quorum is that the members must be present, not that they vote, and when there is a five-member Council with three present, a quorum is established because there is a majority present to vote. She was comfortable with Council proceeding with the motion as originally stated and that there was a validly- formed quorum. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 16 December 20, 1994 The motion to reconsider the motion was withdrawn by Council Members Sniff and Bangerter. Council Member Perkins advised that he still disagreed with the City Attorney, but would accept the vote. Council recessed to Closed Session and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with real property negotiator pursuant to Government Code Section 94956.8, regarding negotiations for proposed commercial development including price, term of payment for property located at the southwest corner of Highway 111 and Jefferson Street Tim Ealey, negotiator for Midland Properties. 2. Conference with legal counsel concerning potential initiation of litigation pursuant to Government Code 54956.9(c) four cases. 3. Conference with labor negotiator Tom Hartung, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 Meet and Confer Process. 7:00 p.m. PUBLIC COMMENT None PUBLIC HEARINGS None BUSINESS SESSION.............continued 2. CONSIDERATION OF AUTHORIZATION TO RECEIVE BIDS FOR THE PALM ROYALE PARK PHASE I. Mr. Cosper, Public Works Director, advised that the Council's adopted Master Plan of August 1993 included a 4.65-acre park to be located on the west side of Adams Street between Fred Waring Drive and Miles Avenue at La Palma Dnve The park improvements include the following features and amenities: BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 17 December 20, 1994 Phase 1 * play areas and play equipment * concrete walks * picnic tables, drinking fountain, & trash recepticles * security lighting in play areas * landscaped buffer area adjacent to Adams Street & La Palma Phase 2 * decomposed granite pathways * balance of walkway security lighting * balance of trees and shrubs * shade Structures and misting system * park benches * landscape buffer area at south end of the park * water feature palm tree shape) Mr. Cosper advised that the estimated cost to complete the project is $210,000 which is approximately $25,000 over the original estimate because of the following reasons: the need to build a maintenance shed; play areas needed to be expanded to accommodate the play equipment; and some of the landscaping and irrigation improvements that were originally proposed for Phase 2 are needed to be constructed in Phase 1. The nuisance Water handling facilities have been shifted to Phase 2 because of the increased costs in Phase 1 Staff proposes to award the bid on February 7th and the project is anticipated to be completed by June 1, 1995. He advised that funding sources will be addressed at the time the bid is awarded. In response to Mayor Pena, Mr. Cosper advised that the shed will be constructed of sput- faced rock with a steel door. In response to Council Member Perkins, Mr. Cosper advised that perimeter landscaping has been designed to be low profile so that patrol officers can see into the park. In response to Council Member Sniff, Mr Cosper advised that he didn't have information on the maintenance costs readily available, but those costs have been developed into the lighting and landscape district funds. In response to Council Member Bangerter, Mr. Cosper advised that the play equipment will be colorful, durable plastic. Mr. Bohlen, Parks and Recreation Director, advised that Landscape Structures is providing the play equipment and added that maintenance costs are estimated at $36,000 annually. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 18 December 20, 1994 MOTION It was moved by Council Members Sniff/Bangerter to authorize staff to advertize and receive construction bids for Phase 1 of the Palm Royale Park Improvement Project. Motion carried unanimously. MINUTE ORDER NO.94-270. 3. CONSIDERATION OF AMENDMENT TO CHAPTER 5.64 OF THE LA QUINTA MUNICIPAL CODE REGARDING SPECIAL ADVERTISING DEVICES. Mr. Herman, Community Development Director, advised that Council requested staff to bring the Special Advertising Device regulations before the Council for consideration of possible amendments. Staff submitted a draft ordinance that gives staff the authority to review and approve subdivision flags and one special advertising banner with all other related requests being approved through the Planning Commission. He advised that the City has not charged fees for special advertising devices, but there is an allowance to do so in the regulations and staff recommended a resolution that establishes those fees. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 263 by title and number only and waive ftirther reading. Motion carried unanimously. ORDINANCE NO.263. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 5.64 OF THE MUNICIPAL CODE REGULATING SPECIAL ADVERTISING DEVICES. MOTION It was moved by Council Members Sniff/Bangerter to introduce Ordinance No.263 on first reading. Motion carried unanimously. RESOLUTION NO.94-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ESTABLISHING FEES RELATING TO SPECIAL ADVERTISING DEVICES APPLICATION REVIEW FEES. MOTION It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 78 as submitted. Motion carried unanimously. 4. CONSIDERATION OF RECOMMENDATION BY PARKS AND RECREATION COMMISSION REGARDING A FUNDING REQUEST BY COLLEEN REYNOLDS. Mr. Bohlen, Parks and Recreation Director, advised that the Parks and Recreation Commission reviewed the funding request by Colleen Reynolds and recommended denial of the request because the U.S. Figure-Skating Association has requested the Council to not fund individual skaters. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 19 December 20, 1994 MOTION It was moved by Council Members Sniff/Bangerter to deny the request by Colleen Reynolds for funding assistance for a figure skating training program. Motion carried unanimously. MINUTE ORDER NO.94-271. 5. CONSIDERATION OF AUTHORIZATION TO UTILIZE THE CIVIC CENTER BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD. Mr. Hartung, Building and Safety Director, advised that the California Integrated Waste Management Board CIWMB) has requested use of the Council Chambers for their February meeting. Their request is not consistent with the City's guidelines because it's not a 501(c) organization, the meeting will be more than eight hours in a one-month period, and they request waiver of a security deposit. Staff recommended that the Council change the guidelines to allow the request to be approved. Ms. Honeywell, City Attorney, advised that the guidelines could be amended to allow *?other public entities" as being permissible users and waive fees for such agencies. In response to Mayor Pena, Mr. Hartung advised that he didn't know if the proposed meeting is scheduled to be a public hearing, but it is one of six that they attempt to hold in various Cities throughout the State of California. Council Member Sniff expressed concern about allowing governmental agencies to use the facility without paying a fee because of the maintenance cost involved. He advised that he had mixed emotions about amending or waiving the City policy. In response to Mayor Pena, Ms. Honeywell advised that Council should set a criteria for waiving the fee. In response to Council Member Perkins, Ms. Honeywell advised that committees that the City belongs to, or is part of, are not in the same category and would not be affected. Council Member Perkins advised that he supports the fee waiver for governmental agencies because the facility is a civic center" and he felt the $500 deposit is too high. He didn't have any problem with amending the facility-use guidelines to include governmental agencies. Mayor Pena concurred, believing that it would be a benefit to La Quinta's residents and noted that there aren't many facility-use requests. Ms. Honeywell advised that Council could amend the guidelines again in the future if it becomes burdensome. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 20 December 20, 1994 Council Member Sniff wished to have staff investigate other municipalities' guidelines and fees for use of their facilities. He felt that the guidelines should be defined so that there is consistency. Mayor Pena suggested that Council move forward with the request, but ask staff to investigate the matter and give Council an update at the next meeting. Mr. Hartung reiterated the recommended changes in the guidelines and advised that CIWMB is under a deadline for distributing their agenda; therefore, they need a decision on their meeting place before Council's January 3rd meeting. Mr. Baker, Associate Planner, advised that CIWMB is a state-wide agency and they need time to distribute their agenda to their constituents so that they can make travel arrangements. They will be attending the Refuse Haulers Conference that is being held at the La Quinta Hotel during that week. MOTION It was moved by Council Members Sniff/Bangerter to amend the facility-use guidelines and authorize the use of Council Chambers on February 22-23, 1995 by the California Integrated Waste Management Board. Ms. Honeywell advised that staff will take that to mean amend consistent with staff recommendations. Motion carried unanimously. MINUTE ORDER NO.94-272. 6. SECOND READING OF ORDINANCES. ORDINANCE NO.258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members SnifflBangerter to adopt Ordinance No.258 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pejia NOES: None ABSTAIN: None ABSENT: Council Member Mccartney BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 21 December 20, 1994 ORDINANCE NO.259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members Sniff!Bangerter to adopt Ordinance No.259 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney ORDINANCE NO.260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 11.92 OF THE MUNICIPAL CODE REGULATING FALSE ACTIVATIONS OF FIRE ALARMS. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No.260 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney ORDINANCE NO.261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60 OF THE LA QUINTA MUNICIPAL CODE THE CITY'S CONFLICT OF INTEREST CODE. It was moved by Council Member Sniff and seconded by Mayor Pen a to adopt Ordinance No.261 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 22 December 20, 1994 ORDINANCE NO.262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.145 AND 9.146 OF THE LA QUINTA MUNICIPAL CODE RELATING TO TRANSFER OF DEVELOPMENT RIGHTS. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No.262 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 20, 1994. 2. AUTHORIZATION FOR THE CITY MANAGER TO SIGN A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FOR THE MORTGAGE CREDIT CERTIFICATE MCC) PROGRAM. 3. AUTHORIZATION TO SEND THE DRAFT GENERAL PLAN HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR REVIEW AND COMMENT. 4. APPROVAL OF OVERNIGHT TRAVEL FOR THE PARKS AND RECREATION DIRECTOR AND THE RECREATION SUPERVISOR TO ATTEND THE CPSRPC IN SAN JOSE, CALIFORNIA, MARCH 2?5, 1995. 5. AUTHORIZATION OF OVERNIGHT TRAVEL FOR THE ASSISTANT ENGINEER TO ATTEND THE BASICS OF TRAFFIC ENGINEERING FOR TECHNICIANS CLASS IN SAN DIEGO, CALIFORNIA, JANUARY 19-20, 1995. 6. ADOPTION OF RESOLUTION APPROVING CABLE FRANCHISE EXTENSION. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended with Items No.2 and 6 being approved by RESOLUTION NOS. 94-79 and 94-80 respectively. Motion carried unanimously. MINUTE ORDER NO.94-273. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 23 December 20, 1994 STUDY SESSION 1. DISCUSSION OF PROCESS TO FILL COUNCIL VACANCY. Council Member Perkins advised that on January 3rd the Council must decide whether to schedule a special election or make an appointment to fill the Council vacancy. Mayor Pena felt that Council should discuss the issue now to save time. Council Member Perkins favored the Council making an appointment after informing the public that the Council will be interviewing for the vacancy. Mayor Pena suggested considering residents who have already indicated a desire to fill the vacancy or request submission of applications. Council Member Sniff felt that the only reason to consider making an appointment is because of the short time frame before the next election. He would favor an election if the remaining time-period in the vacancy was for a longer period of time, but because of the short time involved he felt it was prudent for Council to make an appointment. He preferred that interested applicants submit a resume and make a presentation to the Council, thus allowing the Council an opportunity to interview them. Mayor Pena suggested that the presentations be done at a special meeting dedicated for that one purpose. Council Member Sniff felt that resumes should not be submitted prior to January 3rd when the resignation is effective. In response to Council Member Perkins. Ms. Honeywell. City Attorney, suggested that Council could direct the City Clerk how to proceed with the appointment process so that it can begin on January 3rd. A public announcement could be made that the City is receiving applications assuming that Council Member McCartney's resignation becomes final on January 3rd. Council concurred on an application deadline of 5:00 p.m. on January 18th with a special meeting to be held on January 24th and that the application should consist of a cover letter and resume from each applicant. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02 City Council Minutes 24 December 20, 1994 DEPARTMENT REPORTS None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Perkins expressed concern about the comingling of City and Redevelopment Agency funds. Mr. Genovese, City Manager, advised that the City does comingle the cash, but not the funds in the specific accounts. Council Member Perkins stated he had a problem with the funds not being in separate bank accounts. In response to Council Member Sniff, Mr. Genovese advised that there had been a Redevelopment Agency checking account in the past, but all the expenditures are handled by the City and the Agency reimburses the City; therefore comingling of the cash does not matter. Council Member Perkins expressed interest in becoming more knowledgable regarding these accounts. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to closed session as delineated on Page 16. Council reconvened with no action being taken. There being no further business, the meeting was adjourned. Res??ctfiilly submitted NDRA City Clerk 1ty of La Quinta California BIB] 01-19-96-U01 04:20:11PM-U01 CCMIN122094-U02