1993 07 06 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
JULY 6, 1993
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 3:10P.M.) Sniff, Mayor Pena
ABSENT: None
Mayor Pena announced Council Member Perkins would be a few minutes late.
CONFIRMATION OF AGENDA
Mr. Hunt, City Manager, asked that Consent Item No.4 be removed and added after Public
Hearing Item No.2.
Council Member McCartney asked that discussion about the City Council offices in the new
Civic Center be added as Study Session No. 3.
Council Member Sniff asked that Consent Item No.1 be pulled for discussion.
MOTION It was moved by Council Members Sniff/Bangerter that Consent Item No.4 be
considered after Public Hearing No. 2, that Consent No. 1 be pulled for discussion, and
discussion of City Council offices in the new Civic Center be added to the agenda, noting that
the need to take action arose after the posting of the agenda. Motion carried unanimously vitb
Council Member Perkins absent.
ANNOUNCEMENTS
Mr. Ted Axe, Food and Beverage Director for La Quinta Hotel, presented a check for $500 to
Paul Stone for the Friends of La Quinta Senior Center which was collected from a chili round-up
at the La Quinta Hotel sponsored over the holiday weekend.
Council Member Sniff extended sympathy to Korryn Friestad's family on behalf of the City
Council on her recent passing. Korryn served as the Executive Director of the Chamber of
Commerce for several years. She was very efficient and did an exemplary job.
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Mayor Pena announced that this was the last City Council meeting to be held in this Chamber.
The next meeting will be held in the Council Chamber at the new Civic Center.
PRESENTATIONS
MR. CRAIG YAMASAKI of Arco presented the City with a check for $5,750 for the Kidsline
Program. He commented that Council Member Bangerter helped to orchestrate this program
utilizing both seniors and children.
Council Member Sniff suggested sending a tlank?you letter to Arco for their generous
contribution.
Mayor Pena presented John Freeland with a plaque expressmg the City's appreciation for being
chosen Employee of the Month" for June.
Mayor Pena presented Fred Mosher with a plaque expressing the City's appreciation for his
service on the Planning Commission.
MR. MOSHER expressed his appreciation to the City for giving him the opportunity to serve
on the Planning Commission for the past three years.
FRANK REYNOLDS, President of La Quinta Rotary, presented a check in the amount of
$4,000 for the foundry cost for the sculpture by John Kennedy, now in place at the Civic
Center.
Mayor Pena expressed his appreciation for the generous donation from the La Quinta Rotary
Club.
PUBLIC COMMENT
SETH ETINGER, 78-720 Avenida La Fonda, stated that the residents on La Fonda east of
Washington are very happy with the condition of the street and the landscaping. He also
commented about NAFTA.
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AUDREY OSTROWSKI, P.0.351, expressed her delight in the recovery of $8.2 million and
would like a portion of these funds used to improve the streets in the lower Cove area.
Mayor Pena commented that the City recovered $8.7 million and advised that Out of the three
terms he has served on the City Council, his area was the last to receive street improvements.
WRITTEN CORRESPONDENCE
a. Letter from Desert Sands Unified School District regarding Community Safety
Liaison.
Council Member Sniff questioned what the total cost might be, what the total benefit
might be, what control or input the City might have, and how much time the schools in
La Quinta would receive.
Council Member Bangerter expressed her concern about one individual intervening
throughout the Coachella Valley when the requested funds of $20,000 could be used to
pay for an individual directly involved with the schools in La Quinta.
Council Member McCartney questioned the cost involved, what programs would be put
in place, and suggested looking for other avenues for safety. He felt this is an excellent
idea but would like to work internally with the City's existing resources.
Mayor Pena felt that the City would not be setting a good precedent by funding a City
of Indio employee and would like City funds to be used for positions within La Quinta.
He believes it would be inappropriate to honor this request at this time given the
constraints of the City's budget.
Council Member Sniff concurred with the possibility of the City funding a Community
Safety position, possibly expanding Bruce Pelletier's role, for the La Quinta schools
because it would allow greater concentration of effort, control, and input.
Council Member Perkins suggested consulting the Sheriff's Department for help and
direction.
b. Petition requesting enactment of a mobile home rent control ordinance.
Council Member Sniff agreed that there is a need for rent control in some areas,
however, there are risks involved. He suggested informing Ms. Dorothy Swenson that
the City has received their petition and staff is looking into it.
Council Member Perkins commented that he was not in favor of rent control but would
consider the possibility of a Rent Mediation Board.
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Mayor Pena also agreed to ask staff to research the options available to the City.
Council Member McCartney stated that he had mixed feelings regarding rent control
because it is extremely complex and suggested placing this issue on the ballot.
C. Letter from La Quinta Chamber of Commerce regarding semi-annual meeting.
Mayor Pena and Council Member Perkins agreed to attend the semi-annual meeting.
BUSINESS SESSION
1. CONSIDERATION OF FINANCIAL CONTRIBUTION TO THE AIRLINES TASK
FORCE IN THE AMOUNT OF $3,000 FROM ACCOUNT #01-4210-111-010 FOR
CONSULTANT SERVICES.
Mrs. LiCalsi, Administrative Analyst, presented the staff report and noted that the
specific services and terms of the consultant were outlined in the agreement between the
Palm Springs Desert Resorts Convention and Visitors Bureau and the airline consultant,
BCM Global Marketing Group, Inc.
Council Member Benson, Chairman of the Palm Springs Desert Resorts Convention and
Visitors Bureau, explained that for the past eight months they have been working on an
Airline Service Task Force without financial assistance from various cities. They have
visited corporate headquarters of the airlines to help improve the services to the
Coachella Valley. This task force will benefit all cities in the Coachella Valley. Palm
Springs, Indian Wells, Palm Desert, and Cathedral City have approved the $3,000
expenditure.
Council Member Perkins commented about an article in the paper regarding the rates set
at the airport in Palm Springs.
Mayor Benson advised that this article was not accurate we offered to lift the boarding
rates for the summer. That is not a factor in scheduling it's the load factor and we
have to be able to prove that the Coachella Valley is a year-round community.
Council Member Sniff felt that the rates should be lowered as they are higher than in
Ontario and that should be worked on. He asked exactly what the City would receive
from this contribution.
Scott Daleejo, Director of Marketing, stated that it is a supply and demand issue with
the airlines. The airlines need reports showing the activity within the Valley such as
population growth, development, and the amount of traffic departing from the Ontario
region versus departure from Palm Springs. This contribution would go toward a study
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and for a consultant.
Mayor Benson advised that the rates cannot be lowered until the service increases. If
other airlines with lower rates can be brought in to serve the valley, the competition will
force rates to be lowered.
In response to Council Member Sniff, Council Member Benson advised that Mrs. LiCalsi
is the liaison person for the Mayor who currently serves on the Airline Task Force.
Monthly reports will be given to the WA Executive Committee which can be brought
back to the Council.
Council Member Sniff believed that this is a matter of free enterprise and that we're
dealing with a seasonal area here and the tourist business continues to be down during
the summer months and questioned whether or not this is a good investment.
Mr. Dalecio felt that it's an education process they were refreshed to hear that we have
a united effort here in a joint marketing effort. He advised that over the past six months
the La Quinta Hotel lost $1.7 million in revenue due to airfare issues. He advised that
Phoenix is stealing business from the Valley because of the airline rates and they have
the same seasonal issue. The Valley is losing business during the Fall season. Twenty-
five percent of the tourists come from the northeast and midwest, 40% come from
California, and a small percentage from the northwest.
Council Member Bangerter respected Council Member Sniff's comments, but felt that
this is a wonderftil effort to unite the Valley and she supports it. In researching this
issue, she received an overwhelming response from the business sector that this Task
Force would be very beneficial and responsive to the needs.
Council Member Perkins commented that he is in support of this request because this is
a Valley-wide effort to increase tourism. He felt that the value we could get from this
contribution in the long-run will be very beneficial.
Council Member McCartney advised that he also researched this matter and received an
overwhelming response of support from the business sector. He felt comfortable with
the strides the Task Force has made thus far and believed that it would be money well
spent.
In response to Council Member Sniff, Council Member Benson advised that this
contribution will carry through to November.
Council Member Sniff stated that he didn't have a problem with trying to make a united
effort, however, he was skeptical about what will be produced. With that in mind, he
was willing to give this an opportunity, but would like to see a report submitted in
November.
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MOTION It was moved by Council Members Sniff/McCartney to approve the request
from the Airline Service Task Force and allocate $3,000 to be expended from the
Economic Development Account for contract services. Motion carried unanimously.
MINUTE ORDER NO.93-154.
2. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 93-501 TO
ALLOW CONSTRUCTION OF A 29,SOOj SQ. Fr. CLUBHOUSE FOR THE
QUARRY" GOLF COURSE PROJECT LOCATED SOUTH & WEST OF LAKE
CAHUILLA AT THE WESTERLY TERMINUS OF SCHWABAKER ROAD.
APPLICANT: WINCHESTER ASSET MANAGEMENT FOR LA QUINTA GOLF
PROPERTIES).
Council Member McCartney abstained and left the dais due to a conflict of interest.
Mr. Sawa, Principal Planner, advised that the clubhouse is designed as a split-level
project and will be located at the easterly end of the project site on Schwabacker Road.
For Council's review, Mr. Sawa referred to the materials board and colored rendering
on display. This request was approved by the Design Review Board and Planning
Commission.
Council Member Perkins asked if the Planning Commission presented any concerns.
Mr. Sawa stated that Commissioner Elison indicated concern over the color of the roof
and plant materials. She felt colors blending in with the mountains would be more
appropriate, however, neither concern was imposed as conditions or revisions.
In response to Council Member Bangerter, Mr. Sawa advised that the Planning
Department will make sure that they use the materials submitted and approved by the
Planning Commission.
Mayor Pena questioned the reasoning for the roof color.
Mr. Craig Bryant, President of Winchester Asset Management, advised that the grey-
blue was the predominant color against the mountains and the many color changes
occurring throughout the day.
MOTION It was moved by Council Members Sniff/Bangerter to accept the report of
the Planning Commission action on Plot Plan 93-501. Motion carried with Council
Member McCartney absent. MINUTE ORDER NO.93-155.
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3. REPORT. OF PLANNING COMMISSION ACTION ON PLOT PLAN 93-497 TO
ALLOW CONSTRUCTION AND OPERATION OF A 7,2S0 SQ. FT.
RESTAURANT WITH OUTDOOR SEATING ON THE NORTH SIDE OF
HIGIIWAY 111, 950'+ EAST OF WASHINGTON ST. WITHIN THE ONE
ELEVEN LA QUINTA CENTER. APPLICANT: MORITh OF CALIFORNIA
RED ROBBIN).
Mr. Sawa, Principal Planner, presented the staff report and referred to the plans on
display. This project is located west of Simon Drive and is designed to be architecturally
compatible with the shopping center and the Automobile Club building. The Planning
Commission approved this request subject to a number of conditions.
In response to Council Member McCartney, Mr. Mike Allen, Project Manager, advised
that this is a family-oriented restaurant. Red Robbin is a chain of approximately 30
restaurants spread throughout California. He advised that the restaurant's business hours
will conform to the time-frame of the center.
In response to questions by Council, Mr. Mien advised that whether or not a restaurant
has out-door dining depends on the location of the site. The outdoor seating will be on
the west elevation.
In response to Mayor Pena, Mr. Allen advised that flirther conditions were imposed
requiring more landscaping on the east side of the building such as trellis work with
vines and plant material to screen the wall on the east elevation. A 3, high stucco pony-
wall around the building will match the exterior building and salt-textured-colored
concrete flooring.
Council Member McCartney asked if the applicant would be required to have a permit
for storm runoff and nuisance water and Mr. Sawa advised that the applicant does not
fall under the NPDES requirements.
MOTION It is moved by Council Members Sniff/Bangerter to accept the report of the
Planning Commission action on Plot Plan 93497. Motion carried unanimously.
ORDER NO.93-156.
4. CONSIDERATION OF ADOITION OF 1993-94 FISCAL YEAR BUDGET.
Mr. Hunt, City Manager, presented the FY 1993-94 Annual Budget advising that an
approximate $244,000 General Fund Deficit has been eliminated, thus balancing the
budget for this fiscal year. These reductions did not affect the needed services to the
community. He expressed the necessity of maintaining a cautious approach to any new
expenditures and that staff will be presenting a quarterly budget report to the Council.
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The first report will be presented around October or November for the months of July,
August, and September. Midyear budget review will be in January or February.
Council Member Sniff commented that caution and prudence should be the City's watch
words" and commended staff for balancing the budget during these difficult and trying
times.
In response to Council Member Perkins, Mr. Hunt advised that the position of a
Community Service Officer was included in the budget.
Council Member Perkins also complimented staff on an excellent job of balancing the
budget.
Council Member Bangerter complimented staff on the time and effort given to balance
the budget and expressed appreciation for their hard work.
Council Member Mccartney commented that the budget was very comprehensive and
thorough and commended staff for their work.
Mayor Pena noted that during this difficult time, the City is able to increase public
services when most cities are not able. He thanked staff and the business community for
becoming involved and appreciated being able to vote on a balanced budget.
RESOLUTION NO.93-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR
FISCAL YEAR 1993-94 AND APPROVING A BUDGET FOR FISCAL YEAR 93-
94.
It was moved by Council Members Sniff/Bangerter that Resolution No.93-55 be adopted
as submitted. Motion carried unanimously.
RESOLUTION NO.93-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ESTABLISHING A LOAN FROM THE CITY OF LA QUINTA TO
THE LA QLJINI'A REDEVELOPMENT AGENCY-PROJECT AREA NO.2.
It was moved by Council Members Sniff/Bangerter that Resolution No.93-56 be adopted
as submitted. Motion carried unanimously.
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5. CONSIDERATION OF AUTHORIZATION TO CALL FOR BIDS FOR THE
WIDENING OF PARK AVENUE.
Mr. Steve Speer, Ass't City Engineer, advised that there is a need to widen Park Avenue
from 32' to 40' because of recent development in the area. This additional footage will
provide for a left turn lane. Staff is requesting authorization from Council to call for
bids.
Council Member Sniff questioned the length of time it will take to complete this project.
Mr. Speer advised that it is clearly stated in the plans that this project must be completed
by August 31, 1993. They will be allowed to work extended hours from 6 a.m. to
sundown in order for this project to be completed on time. Liquidated damages will be
assessed if they have not completed the work within the designated time frarne. The
contractor's working hours would then be restricted to weekends and between 5 p.m and
sundown during the week.
In response to Council Member Perkins, Mr. Speer advised that there will be a left turn
lane in addition to the through lane in each direction.
Council Member Bangerter questioned if people would have access to the facility during
the time of construction.
Mr. Speer advised that there will be at least one lane will be open at all times with a
flagman directing traffic.
MOTION It was moved by Council Members Sniff/Perkins to authorize a call for bids
and direct the City Clerk to advertise a Notice Inviting Bid that calls for the minimum
bid review period allowed by law for the widening of Park Avenue.
In response to Council Member Perkins, Mr. Speer advised that the road will be widened
from Avenue 50 north to approximately the Youth Center.
Motion carried unanimously. MINUTE ORDER NO.93-157.
6. CONSIDERATION OF AUTHORIZATION TO FILE AN ANNEXATION
APPLICATION #9 WITH LAFCO.
Mr. Sawa, Principal Planner, presented the staff report and requested that Council adopt
a resolution authorizing submittal of an application to LAFCO for annexation of
approximately 256 acres located south of 60th Avenue and west of the Madison Street
alignment. This area has been pre-zoned and pre-general planned for Hillside
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Conservation in the mountainous areas and R- 1 in the flat areas. Staff recommended
adoption of this resolution.
In response to Mayor Pena, Mr. Sawa advised that there is only one house on this
acreage for a caretaker of the vineyards.
RESOLUTION NO.93-57
A RESOLUTION OF APPLICATION BY THE CITY OF LA QUINTA,
CALIFORNIA, REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION TO TAKE PROCEEDINGS FOR REORGANIZATION TO
INCLUDE ANNEXATION #9 AND SPHERE OF INFLUENCE #9 TO THE CITY
OF LA QUINTA, CONCURRENT ANNEXATION TO THE CITY'S LANDSCAPE
AND LIGHTING ASSESSMENT DISTRICT 89-1 AND CONCURRENT
DETACHMENT FROM THE SOUTHERN COACHELLA VALLEY COMMUNITY
SERVICE DISTRICT AND THE RIVERSIDE COUNTY REGIONAL PARK AND
OPEN SPACE DISTRICT. CASE NO. ANNEXATION #9. SPHERE OF
INFLUENCE #9.
It was moved by Council Members Sniff/Bangerter to adopt Resolution No.93-57 as
submitted. Motion carried unanimously.
7. CONSWERATION OF AMENDMENT TO SECTION 2.04.050 OF THE LA
QUINTA MUNICIPAL CODE RELATING TO COMPENSATION AND
REIMBURSEMENT.
Mr. Genovese, Ass't City Manager, advised that this Code amendment clarifies a
previous action taken by the City Council during the budgetary process in June 1989 and
June 1990.
Council Member Sniff commented that it is a housekeeping action.
MOTION It was moved by Council Members Sniff/Bangerter that Ordinance No.231
be taken up by title and number only and waive further reading. Motion carried
unanimously.
ORDINANCE NO.231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
AMENDING SECTION 2.04.050 OF THE LA QUINTA MUNICIPAL CODE
RELATING TO COMPENSATION AND REIMBURSEMENT.
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It was moved by Council Members Sniff/Bangerter that Ordinance No.231 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
8. TRANSMITTAL OF TREASURER'S REPORT MAY 31, 1993.
MOTION It was moved by Council Members SnifflMcCartney to receive and file the
Treasurer's Report dated May 31, 1993. Motion carried unanimously MINUTE
ORDER NO.93-153.
9. SECOND READING OF ORDINANCES
ORDINANCE NO.229
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY
REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE 92-
072 AND CONFIRMING THE ENVIRONMENTAL DEThRMINATION. CASE
NO. CZ 92-072- THE TRADITION AT LA QUINTA.
It was moved by Council Members Sniff/Bangerter to adopt Ordinance No.229 on
second reading. Motion carried by the following vote:
AYES: Council Members Bangerter, Mccartney, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
ORDINANCE NO.230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 2.65 OF THE LA QUINTA MUNICIPAL
CODE ART IN PUBLIC PLACES."
It was moved by Council Members Sniff/Perkins to adopt Ordinance No.230 on second
reading. Motion carried by the following vote:
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AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena
NOES: None
ABSTMN: None
ABSENT: None
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DAThD 3UNE 30, 1993.
2. AWARD OF BID FOR CIVIC CENTER CUSTODIAL SERVICES.
3. APPROVAL OF AUTHORIZATION OF USE OF CITY OF LA QUINTA
ARTWORK BY THE LA QUINTA ARTS FOUNDATION.
4. REMOVED SEE BUSINESS SESSION NO.10 PAGE 19.
5. APPROVAL OF AMENDMENT TO CONTRACT WITH REALCO
CONSULTANTS FOR ACQUISITION OF RIGHT-OF-WAY FOR CALLE
TAMPICO CUL-DE-SACS.
6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR MAYOR PENA AND
COUNCIL MEMBERS BANGERTER AND MCCARTNEY TO ATTEND THE
LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM IN MONTEREY JULY
21-23, 1993.
7. APPROVAL OF EXTENSION OF PARC LA QUINTA SETTLEMENT
AGREEMENT.
8. APPROVAL OF SETTLEMENT AGREEMENT WITH SANWA B.G.K.
MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent
Calendar as amended with Item No.1 being pulled for discussion and Item No.4 being
made Business Session No.10. Motion carried unanimously. MINUTE ORDER NO.
93-159.
Re?ardin2 Item No.1 Council Member Sniff questioned expenditures on the warrant
register for the electric bill, petty cash, truck repairs, cellular phone bill, emergency
medical cache, Multi-Media Sound System for Council meeting, professional services of
Rosenow, Spevacek Group, legal fees for April and May, art sculpture, and Tn-Lake
consultants and staff responded.
In response to Council Member McCartney, Mr. Hartung advised that the emergency
rations covers approximately 500 ready to serve meals.
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MOTION It was moved by Council Members Sniff/Bangerter to approve Consent Item
No.1 as recommended. Motion carried unanimously. MINUTE ORDER NO.93-160.
STUDY SESSION
1. DISCUSSION OF DRAFT? POLICY FOR USE OF CIVIC CENTER COUNCIL
CHAMBER AND STUDY SESSION ROOM.
Mrs. LiCalsi, Administrative Analyst, presented the draft policy regulating the use of the
Council Chamber and Study Session room, noting that staff has reviewed policies of
neighboring cities allowing use of their facilities. The draft policy outlines requirements
of City and community organizations. When submitting the application, they must also
show proof of insurance. There will be no charge for use of the facility, however, a
refundable cleaning fee will be required. The use of these facilities would be available
only during regularly-scheduled business hours. An organization will be required to pay
for the services of a staff member to open and close the building should they need to
meet at any other time. It will be at the discretion of the City Council or City Manager
whether or not to waive any of the requirements or use of the facility. The Chamber
dais will be shared by the City Council and Planning Commission only.
Council Member Sniff was opposed to outside organizations or groups using the facilities
at the Civic Center because a precedent is set and it becomes difficult to decide which
organization or group can or cannot use the facilities. Organizations affiliated with the
City should be allowed the use of the meeting rooms except when a large group is antici-
pated, then use of the Council Chamber should be allowed. The Council Chamber
should only be used by the City Council, Planning Commission, and the Community
Services Commission.
Council Member Perkins felt the Civic Center belongs to the people, as well as City-
affiliated organizations and outside groups that are part of the community. He suggested
including in the draft policy under Number 2, Section e) or other City commissions,
boards, or groups. Should outside organizations and groups be allowed use of the
Chamber facilities, they should also be allowed, for a fee, the use of the PA system.
Council Member McCartney felt that the Civic Center?' should be opened to members
within the community because it belongs to them as much as to the City. It was his
belief that because these groups helped pay for the Civic Center, they will also take care
of it. In relation to the use of the dais, he felt all City-affiliated groups listed in the draft
policy should be allowed use of the dais.
Mayor Pena felt the language in the draft policy could be changed to allow use of the
dais by the City Council, Planning Commission, and occasionally City-affiliated groups
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when public hearings are scheduled or large groups anticipated. Until participation
necessitates these groups to use the dais in the Chamber, he believed the Study Session
room should be adequate. He also did not feel the Council Chamber should be used by
community organizations. When touring Council Chambers in neighboring cities, those
allowing groups to use their facilities experienced a lot of wear and tear and maintenance
problems. The City has an obligation to the citizens to keep the Civic Center as nice as
possible.
In response to Council Member Bangerter, Mrs. LiCalsi advised that the capacity in the
Study Session room is 35. The table seats approximately 12 people with the balance of
the seating for the audience. There are designated walls in the Study Session room for
displays and for writing on.
Council Member Bangerter questioned if it was possible to set aside a conference room
to meet the community's needs.
Mr. Hunt advised that an organization would be allowed to use a conference room during
business hours as long as one was available.
Council Member Perkins felt that other than special events being held by community
organizations, the dais should be used only by the City Council and Planning
Commission. If meetings are not held during business hours, a staff member should be
present and the organization should pay for the staff member's services.
Ms. Honeywell advised that if the City decides to allow the public to use these facilities,
caution must be taken in restricting access to others. This could unfold first amendment
and discrirnination issues. She suggested possibly limiting use to nonprofit organizations.
Council Member Sniff expressed the following concerns:
1. Who would be responsible and how would it be determined?
2. Setting a precedent Once opened, how do you limit it?
3. Security. Can these rooms be isolated from access to other parts of the building?
4. Heating and cooling Will the City underwrite these expenses?
5. Exact costs must be determined because the City is not in the charitable business.
Council Member McCartney commented that these organizations and groups should be
responsible for any additional expenses incurred. This is a Civic Center for the citizens
of La Quinta and the City needs to project an attitude of openness and accessibility.
Ms. Honeywell commented that setting a criteria will enable the City Council to choose
which organizations can or cannot use these facilities. Council can change this criteria
at any time. As long as an organization meets the criteria set, little review of the
application would be required. Insurance requirements alone will preclude some
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organizations from using the facilities.
Council Member Perkins suggested limiting a number of hours per month or one meeting
per month.
Mayor Pena pointed Out that the community may currently use the amphitheater at the
school, multi-purpose room, and Youth Center for meetings.
Council Member Perkins felt that this matter should be held over for a period of time
and see what the possibilities are after moving into the new Civic Center.
Mayor Pena felt this was premature, however, a draft? policy needs to be implemented
until a formal policy can be adopted.
Sharon Kennedy, Chairperson of the Community Services Commission, commented that
they would appreciate the privilege of holding their meetings in the Civic Center Council
Chamber because they are a commission and at times have large groups of people in
attendance. She asked for Council's reconsideration.
Council Member Sniff believed that governmental commissions, boards, and committees
should be able to use the Council Chamber for their meetings on an as-needed basis.
When a large audience is not anticipated, the Study Session room could then be used.
Mayor Pena concurred that they should be allowed the use of the Council Chamber on
an as-needed basis.
Council Member Bangerter stated that placing the use of the Chamber on an as-needed
basis could cause conflision for them.
Council Member McCartney suggested that they could first meet in the Council Chamber
and convene to the Study Session room on an as-needed basis.
Council concurred that the City's governmental commissions, boards, and committees
be allowed the use of the facilities and postpone firther action for 90 days.
2. EXAMINE ADVANCE DISPOSAL FEE ORDINANCE POTENTIAL
Council Member McCartney left the dais due to a conflict of interest.
Mr. Baker, Principal Planner, advised that the enactment of an Advance Disposal Fee
Ordinance for La Quinta would place a surcharge on products difficult to dispose of,
recycle, or that need increased rates for recycling. This fee would generate revenue to
offset the costs of disposal at the landfill. No City or County in California has enacted
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an Advance Disposal Fee. Staff felt this fee at the local level would not be as effective
as at the State or Federal level
Council concurred with staff's recommendation to keep them informed on any new
information relating to Federal, State, and County Disposal Fee legislation proposals.
3 DISCUSSION OF THE COUNCIL OFFICES IN THE NEW CIVIC CENTER
Council Member McCartney commented that he would like to discuss where each
Council Member's office might be. Originally, two areas were designated and it had
been discussed giving each member an office rather than two Council members sharing
one office.
Council Member Perkins commented that he does not need an office. There are enough
available conference rooms for him to utilize.
Council Member Sniff asked if the City Manager's office could be temporarily
partitioned off into two offices.
Mayor Pena suggested that this matter be discussed further after the move has been
made.
Council concurred in allowing Mr. Tim Thurtle to speak because he was unable to attend
the Council meeting at 7:00 p.m.
Tim Thurtle, Hotel Taxi in Cathedral City, thanked the City Council for their open mindedness
in reviewing the amended SunLine JPA as written. He advised that the present regulatory
administration has run themselves into an $80,000 deficit. To cover this, a reimbursement fee
of $1,000 has been placed on each vehicle. On a per cab ratio, they are the highest in the
country. For each cab, they are paying $4,324 for regulation. There is a pass-through tax of
$1 which the public pays and is then passed on to Sunline. Mr. Thurtle pointed out that 96%
polled in the Desert Sun said that they want SunLine out of the regulatory business and also
pointed out conflict of interest issues.
Mayor Pena commented that staff will be reporting back to the Council with a report on the
Sunline JPA and Mr. Thurtle was welcome to return at that time with further comments. He
commented that as a Board Member, he too, was concerned about SunLine being in the
regulatory business.
Council Member Sniff suggested contacting Mr. Thurtle when this matter is brought before the
City Council in July.
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Council adjourned until 7:00 u.m.
PUBLIC COMMENT
David Dorn asked if there could be off-street parking on Tampico now that it has been
straightened.
Mayor Pena directed Mr. Dorn to meet with the City Engineer to discuss this matter and then
the City Engineer will report back to Council.
PUBLIC HEARINGS
1. TENTATIVE TRACT 26853- FIRST EXTENSION OF TIME TO SUBDIVIDE 19.3
ACRES INTO 52 CUSTOM SINGLE-FAMILY LOTS FOR A & H DESERT
PROPERTIES 90, LOCATED NORTh SIDE OF 58Th AVENUE, 1/4 MILE
WEST OF MADISON STREET.
Council Member McCartney left the dais due to a conflict of interest.
Mrs. Mouriquand-Cherry, Associate Planner, advised that A & H Properties has
requested a first-time extension. When the original map was approved, the access was
redesigned to be relocated to a more central location in order to coordinate with the
access of an approved, tentative tract map direcdy south of this project. Because that
project has expired, staff feels this condition is no longer necessary. However, any
future projects south of this tract will be required to coordinate their parcel map access
with this one. The Planning Commission has recommended approval of this time
extension subject to conditions.
The PUBLIC HEARING WAS OPENED. There being on one wishing to speak, the
PUBLIC HEARING WAS CLOSED.
RESOLUTION NO.93-58
A RESOLUTION OF THE CITY COUNCIL OF RE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR
TENTATIVE TRACT 26853 TO ALLOW THE CREATION OF A CUSTOM
HOME LOT SUBDIVISION ON A 19.3 ACRE SITE. CASE NO. TT 26853- A &
H DESERT PROPERTIES 90 FIRST-TIME EXTENSION OF TIME.
It was moved by Council Members Sniff/Bangerter that Resolution No. 93-58 be
adopted. Motion carried with Council Member McCartney absent.
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2. TENTATIVE TRACT 27762- SUBDIVISION OF 4.31 ACRES INTO 17 SINGLE-
FAMILYLOTS AND 2 COMMON AREA LOTS LOCATED ON THE NORTH
SIDE OF SHOAL CREEK, EAST OF RIVIERA WITHIN PGA WEST.
APPLICANT: SUNRISE DESERT PARTNERS.
Council Member McCartney abstained and left the dais due to a conflict of interest.
Mrs. Mouriquand-Cherry advised that the proposed map has been revised to represent
17 single-family lots and two cornmon area lots. The two common area lots will be
dedicated to the homeowners association for development of swimming pools. Those
living in the condominiums will be assessed for the maintenance of these pools. Those
owning custom-home lots will not be assessed because the majority of them will have
their own private swimming pools.
In response to Council Member Perkins, Mrs. Mounquand-Cherry advised that in PGA
West there are homeowners associations and property-owner associations. The
swimming pool lots will fall under the jurisdiction of the homeowners' association. The
custom-home lots will fall tinder another because their recreation amenities and annual
assessments are not the same
Council Member Perkins questioned what type of control would there be regarding use
of the swimming pools.
Alan Levine, Vice President of Planning and Development for Sunrise Company, 42-600
Cook St., Palm Desert, advised that there is a similar situation with unitS on the Palmer
Golf Course and the Stadium Golf Course and they have not had any problems. He
advised that the fee structure was implemented by the association and its members.
In response to Council Member Perkins, Ms. Honeywell advised that the right of the use
of the swimming pools is governed by the CC&R's that set up the various associations
and the different payments. If a problem did occur, this would become an association
issue.
Mr. Levine pointed out a typographical error in the Conditions of Approval at the
bottom of Condition No.21 on the third page and needs to be amended to read Tentative
Tract 27762 not 27613.
The PUBLIC HEARING WAS OPENED. There being no one wishing to speak, the
PUBLIC HEARING WAS CLOSED.
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RESOLUTION NO.93-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING TENTATIVE TRACT 27762 TO ALLOW THE
CREATION OF A LAND SALES SUBDIVISION ON A 4.3 ACRE SITE AT PGA
WEST. CASE NO. TT 27762- SUNRISE? DESERT PARTNERS.
It was moved by Council Members Sniff/Bangerter that Resolution No.93-59 be adopted
and amending the typographical error in Condition No.21. Motion carried with Council
Member McCartney absent.
BUSINESS SESSION... continued
10. APPROVAL OF FINAL MAP FOR TRACT 27762. P.G.A. WEST/SUNRISE CO.
MOTION It was moved by Council Members Sniff/Bangerter to approve the final map
for Tract 27762 and authorize staff to sign and record the document. Motion carried
with Council Member McCartney absent. MINUTE ORDER NO.93-161.
PUBLIC HEARING... continued
3. CONDITIONAL USE PERMIT 93-007 FOR A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND TO ALLOW CONSTRUCTION AND
OPERATION OF A 2,400 SQ. Fr. RESTAURANT WITH DRIVE-THROUGH
SERVICE LOCATED ON THE NORTH SIDE OF HIGHWAY 111,700' WEST OF
ADAMS ST. WITHIN THE ONE ELEVEN LA QUINTA CENTER. APPLICANT:
MCDONALDS CORPORATION.
Mr. Sawa, Principal Planner, reported on the plans which were reviewed and approved
subject to some changes and conditions by the Planning Commission. These concerns
related to the playland structure, bicycle rack provision, excessive size of identification
signage, drive-thru traffic conflicts, and the height and design of the stucco towers. The
Planning Commission recommended approval of this application subject to conditions.
Mr. Robert Jenkins, Construction Manager with McDonalds Corp., 4370 La Jolla
Village Drive, San Diego, introduced Mr. Ronnie Gilbert, Owner-Operator, Sharon
Collins, Real Estate Representative, and Colm Macken, TDC Developers representative.
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Mr. Jenkins commented on the following conditions:
39. He requested that the earth tone color for the playland be modified and approved
as originally submitted because it would not appeal to children. He presented his
rendering to Council for their review and commented that the additional trees
surrounding this area will serve as a screen.
40. He stated bicycle racks will be provided.
41. He commented that his architect calculated the script design for their signage to
be 36 sq. ft. They would have to use the block letters if required to reduce its
size. Mr. Jenkins requested that this Condition be amended.
42. He advised that they have already met this condiflon.
43. He felt by lowering the towers, the building would lose its appeal. This design
blends in well with the shopping center and requested deletion of this condition
and approval of the structure as submitted.
44. He stated that they will not be able to open by the end of November if they are
required to go back to the Design Review Board and Planning Commission for
approval. He asked that the City Council review and approve this project with
the modifications he has requested.
In response to Council Member McCartney, Mr. Jenkins advised that they will
implement whatever safety-precaution measures necessary to avoid accidents from
occurring when children run over to the playland area.
Mr. Jenkins also presented to Council an indoor playland rendering and advised that at
first it was not considered because of the initial cost and their CC&R's would only allow
them building space of up to 3,500 sq. ft.
Mayor Pena stated that this request would cause significant changes in the conditions and
he would not feel comfortable approving it without going through the proper channels.
In response to Council Member Perkins, Mr. Jenkins advised that they could go forward
and build their structure and add the indoor playland area at a later date.
Council Member Perkins stated that he had no objection to moving forward with the
present proposal and possibly modifying it at a later date he agreed with the Mayor on
the need to process any changes through the Planning Commission.
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Mayor Pena commented that in the desert it would make sense to build it indoors but he
still had concerns with the drive-thri.
The PUBLIC HEARING WAS OPENED. There being no one wishing to speak, the
PUBLIC HEARING WAS CLOSED.
Council Member Sniff was supportive of the Planning Commission's recommendation
but suggested deleting Condition No. 44. A public hearing was set to eliminate
Condition 44, because he had grave concerns with any City body conditioning the
Council to do anything. He felt approving any other changes would require the
applicant to go back through the appropriate channels for re-examination.
Council Member McCartney agreed and stated that he approves of the conditions as
recommended. He felt Council should be the final deciding body and should be used as
such. The indoor playland is a marketing plus and would like to see this project move
forward with a condition added to install a gate at the northernmost parking area along
with cross-hatchings, a designated walkway' or bumps to warn drivers of kids traffic
He also supported flying the American and California flags only, because he was
concerned that this area was going to look like the United Nations of Fast Food" with
each restaurant flying their own corporate colors.
Council Member Bangerter was supportive of the project and agreed that Condition No.
44 should be deleted and a condition for safety measures at the crossing area be added.
She wished for the playland area to be clarified as to whether it's going to be enclosed
or not.
In response to Council Member Sniff, Ms. Honeywell advised that during a public
hearing Council has the ability to make any modifications to those conditions submitted
for approval.
Council Member Perkins felt there should be a well-marked cross-walk instead of a gate
because children will run around it or climb over it. He did not see any problems with
amending the conditions the applicant requested and would like to see this project move
forward.
Mayor Pena had no problem with having the playland enclosed and the recommended
conditions, but he would be voting against it because it's a drive-thri, noting this his
position is consistent with past actions.
Council concurred in deleting both Condition No.43 and 44.
Council Member Sniff approved of an indoor playland as long as the basic plans for the
proposed outdoor facility are used and a traffic safety cross-walk and gate installed.
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Mr. Hunt recommended that the language for Condition No. 39 could read, The
playland structure shall be enclosed matching the architectural design of the main
building," and striking everything forward.
Ms. Honeywell asked if the Council wished to approve the project with the playland not
being enclosed, but allowing it to be enclosed if the C.C.& R'S allow.
Council concurred.
Upon flirther discussion, Council concurred in approving the proposed colors submitted
by the applicant whether or not the playland area is enclosed.
In response to Council Member Bangerter, Ms. Honeywell suggested revising the signage
square footage to avoid any conflision relating to staff's calculations and the applicant's
calculations.
Mr. Sawa advised that staff calculated the proposed signage to be approximately 54
square feet. To condition it at 66 sq. ft. would cover the request.
Council concurred.
MOTION It was moved by Council Members Sniff/Bangerter to approve Conditional
Use Permit 93-007 for a negative declaration of Environmental Impact and allow the
construction and operation of a 2,400 sq. ft. restaurant with a drive-thru lane on the
north side of Highway 111 approximately 700' west of Adams Street within the 111 La
Quinta Center subject to amended conditions. Motion carried with Mayor Pena voting
NO. MINUTE ORDER NO.93-162.
4. PLACEMENT OF INCREASE FOR WASTE COLLECTION AND DISPOSAL
FEES, AND AB 939 COMPLIANCE FEES ON TAX ROLLS.
Council Member McCartney abstained from this issue left the dais due to a conflict
of interest.
Mr. Baker, Principal Planner, advised that Waste Management of the Desert is requesting
a 3.1 % rate increase to cover increased operating costs. There is an increase in County
dump fees as well as the City requesting an AB 939 Compliance fee in order to generate
revenue to meet AB 939 mandates. The total residential increase would be $.70 per
month per residential unit.
Ray Burke, Division President of Waste Management of the Desert, advised that they
are offering the City a freeze on rates for considering extension of their contract. The
City's rates are somewhat higher than other cities and it is his goal to offer compatible
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rates throughout the cities they serve. He believed that they have served the City well
during the past years and asked for consideration of their request. He noted that landfill
costs are their biggest single source of cost averaging about $.30 on the dollar and labor
costs are about $18 on the dollar. Trucks carrying the maximum legal weight of 10 tons
cost them approximately $340 each time they dump.
In response to Council Member Bangerter, Mr. Burke advised that the request for a
freeze is for one year only. If Council would like to consider renegotiating, they will
look at the enhancements the City is interested in.
Mayor Pena asked when a Household Hazardous Waste Program will be implemented.
Mr. Burke advised that there is one currently set up through the County. On a semi-
annual basis, the County will set up a drop-off point at their County buildings for one
week at a time. The tipping fees are applied to this program. He would like to make
arrangements with all of the cities to acquire those flinds locally which is approximately
$400?000 per year and set up a drop-off point on land donated by Waste Management
to be opened daily Monday through Friday and operated by the County.
The PUBLIC HEARING WAS OPENED. There being no one wishing to speak, the
PUBLIC HEARING WAS CLOSED.
Council Member Sniff felt that the City should deal with the one-year issue, as he
believed that there's going to be so many changes and modifications and variations that
are unpredictable that this matter should be dealt with and if necessary, re-negotiate
during the year.
Council concurred on not accepting the freeze on rates in exchange for extension of the
contract.
RESOLUTION NO.93-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING
THE CHANGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED
REFUSE COLLECTION FOR 1993-94 AND DIRECTING THAT SUCH CHARGES
BE COLLECTED ON THE TAX ROLLS.
It was moved by Council Members Sniff/Bangerter that Resolution No. 93-60 be
adopted. Motion carried with Council Member McCartney absent.
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5. WEED ABATEMENTS/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON
1994/95 PROPERTY TAX ROLLS:
a. Abraham, Charles APN 774-033-012 $187.50
b. Bunch, Jack APN 617-121-044 $187.50
C. Garcia, Martha & APN 769-115-004 $187.50
Carlos Perez
d. Tulle Jacobson APN 773-334-004 $187.50
San Fernando Airport APN 774-102-007 $187.50
f. Sifeker, Max & Eunice APN 773-332-022 $187.50
g. Southfork Ent. APN 773-235-019 $187.50
h. Stone, Harold & Dorothy APN 774-215-008 $187.50
I. white, Unice & Betty APN 773-332-002 $187.50
Mr. Hartung, Building and Safety Director, recommended that the costs be placed on the
1994195 tax rolls with the exception of Unice and Betty White who have paid their
assessment.
The Mayor declared the PUBLIC HEARING WAS OPEN.
Charles Abraham, 830 18th Street, Hermosa Beach, commented that he did not receive
the notice as stated in the letter to him dated June 14, 1993 and asked if he could
postpone payment for approximately three months.
Mayor Pena commented that his first notice would be in April, 1994 at which time he
could pay the assessment.
The PUBLIC HEARING WAS CLOSED.
RESOLUTION NO.93-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
ASSESSING LIEN AND PROVWING FOR COLLECTION ON TAX ROLLS ON
CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE.
It was moved by Council Members Sniff/Bangerter that Resolution No.93-61 be adopted
as amended removing Unice and Betty White. Motion carried unanimously.
DEPARTMENT REPORTS
Mrs. Juhola, City Clerk, advised that there would not be a quorum for the regular Council
Meeting on July 20, 1993 and recommended that the second meeting in July be held either July
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19th or July 26th. She also asked if Council wishes to go dark during parL of the summer.
Council concurred on meeting July 26, 1993 and to go dark after the meeting of August 3, 1993
until September 21, 1993.
Mrs. Juhola asked if Council would like a ceremony on Monday, July 12th, opening day of the
new Civic Center, or the afternoon of July 26th before Council meets for their first meeting in
the new Council Chamber. The ceremony will be noted at the beginning of the agenda and
posted on the bulletin board at the Chamber and a press release sent.
Council agreed to have a small reception at 1:30p.m. and at 5:30p.m. before they meet on July
26th. Dedication of the Civic Center will be planned for sometirne in October.
In response to Mrs. Juhola, Council agreed to hire C. J. Photography to take a picture of them
on July 26th.
Finance Denartinent
Transmittal of Statement of Financial Position July, 1993
Transmittal of Statement of Financial Position July, 1993 La Quinta Financing
Authority
Public Works DeDartinent
Mr. Reynolds updated Council on the progress of the Civic Center.
Police DeDartment
Captain Ron Dye, Riverside County Sheriff's DeparLment, advised Council that the hiring
process and time-frame for recruiting a Community Services Officer will depend on whether
there is an existing list available to choose from. Otherwise, it will be about three months.
MAYOR AND COUNCIL MEMBERS' ITEMS
1. Discussion of a Cultural Arts Commission.
Council Member Perkins suggested forming a Cultural Commission not be to be in
conflict with the Commissions we already have, but one that would be a type of
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sounding board" for the citizens in La Quinta to present their ideas. They could meet
every two or three months. He envisioned that a member from each of our present
Commissions, Boards, and Committees serve on it along with possibly a member from
the Chamber 0 Commerce and with each member of the Council appointing a citizen.
They would meet quarterly or every two months and be a place where people could come
to make recommendations or present ideas. An example of things they could do would
be to form children's theaters, choirs, or to contact seed companies offering grants to
provide funds for children's flower or vegetable gardens.
Mayor Pena wished to see the Community Services Commission used in this capacity
rather than creating an entirely new commission.
Council Member Bangerter noted that the Midnight Theater, Children's Sunshine
Theater, and Children's Choir were in the proposed budget and asked that Clint Bohlen,
Parks and Recreation Manager, explain how these events are going to be implemented.
Council Member McCartney felt that the intent here is to get away from a narrow focus
and become more global in looking at all the arts. It would look at the larger picture and
more representatives from the people. He did believe that they need to decide the
mission for this Commission.
Council Member Sniff suggested directing staff to report back with information from
those cities which have a Cultural Arts Commission and then discuss this matter further.
He concurred that a clear mission statement must be given as to what the Commission's
charge will be.
Council concurred.
2. Discussion of the City being a General Contractor.
Council Member Perkins reported that Mr. Reynolds, City Engineer, stated in his memo
that it would not be cost effective for the City to become a general contractor. The costs
referred to in this memo which the City would be required to pick up are costs the City
pays on any contract to a contractor. The Contractor is going to make anywhere between
10% 20%, which is the money the City would save by acting as General Contractor.
He noted that if the City had saved 10% on the Civic Center by acting as the Contractor,
that would have paid for the Senior Center. He suggested that the various City
Departments start looking at alternative ways to do business He suggested contacting
the league of California Cities for information relating to this subject.
In response to Council Member Sniff, Council Member Perkins agreed that in order for
the City to become a general contractor, it would require hiring more staff and a general
contractor.
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Mr. Hunt advised that staff would research the possibility and feasibility. Staff will
report back to Council.
Council Member McCattney suggested exploring the possibility of working with
neighboring cities by combining overlapping roles and functions. A cooperative
agreement rnight be worked out by utilizing one another's resources in contracting for
less cost.
Council Member Perkins pointed out that the trees throughout the parking lot of Wal-Mart are
in poor condition and the tennis coutts are in need of repair.
Mr. Hunt advised that they have been in contact with Wal-Mart and TDC is currently
negotiating for taking back the landscaping functions.
3. Discussion of seating arrangement at the dais in the new Civic Center.
Council Member Sniff believed that this is the appropriate time to decide on the seating
arrangement at the dais in the new Council Chamber.
Following a brief discussion, Council concurred on the following seating arrangement
looking at the dais from the audience right to left:
City Attorney, City Manager, Council Member Perkins, Council Member Bangerter,
Mayor Pena, Mayor Pro Tem Sniff, Council Member McCartney, City Clerk.
CLOSED SESSION
a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a)
Bank Audi Avenue 52 Litigation Indio Case No. 638S8
Riverside County Interpleader Action Case No.234997
Council reconvened with no action being taken.
There being no further business, the meeting was adjourned.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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