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1. PRESENTATION OF PLAQUE TO AL NEWKIRK EXPRESSING APPRECIATION FOR HIS SERVICE
ON THE PLANNING COMMISSION.
2. PRESENTATION OF PLAQUE TO TOM FREEMAN EXPRESSING APPRECIATION FOR HIS
SERVICE AS THE CITY'S REPRESENTATIVE ON THE PALM SPRINGS REGIONAL AIRPORT
COMMISSION.
3. PROCLAMATION PROCLAIMING OCTOBER, 1997 AS NATIONAL ARTS AND HUMANITIES
MONTH.
WRITTEN CORRESPONDENCE
1. LETTER FROM JOHN F. KENNEDY MEMORIAL HOSPITAL REGARDING A RESIDENCY WAIVER
FOR DR. QURESHI RELATING TO THE HEART INSTITUTE OF SOUTHERN CALIFORNIA.
2. LETTER FROM COACHELLA VALLEY WATER DISTRICT APPEALING STAFF DECISION
RELATING TO MID-VALLEY WATER RECLAMATION PLANT NO.4 INFLUENT FORCE MAIN NO.
2, SEGMENT 2.
BUSINESS SESSION
1. CONSIDERATION OF A PUBLIC SWIMMING POOL AT FRITZ BURNS PARK.
A) MINUTE ORDER ACTION.
2. CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S DECISION APPROVING
MODIFICATIONS TO EXISTING SIGNS FOR THE BEER HUNTER LOCATED AT 78-483
HIGHWAY 111 AND WASHINGTON STREET. APPELLANT: GARY WRIGHT ARCHITECTURAL
NEON AND SIGN CO.) FOR THE BEER HUNTER.
A) RESOLUTION ACTION.
3. CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF SITE
DEVELOPMENT PERMIT 97-611 CONDITIONS OF APPROVAL, SPECIFICALLY CONDITION #15.
APPELLANT: CENTURY HOMES COMMUNITIES MR. DENNIS CUNNINGHAM).
A) MINUTE ORDER ACTION.
OOo?q2
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GUIDELINES.
A) MINUTE ORDER ACTION.
5. CONSIDERATION OF APPOINTMENT TO THE CHAMBER OF COMMERCE BI-MONTHLY
WORKSHOP INFORMATION EXCHANGE COMMITTEE.
A) MINUTE ORDER ACTION.
6. CONSIDERATION OF AMENDMENT TO TITLE 2, CHAPTER 2.85 OF THE LA QUINTA CHARTER
AND MUNICIPAL CODE REGARDING THE CULTURAL COMMISSION.
A) MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY
AND WAIVE FURTHER READING.
B) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING.
7. CONSIDERATION OF SELECTION OF COUNCIL MEMBER(S) TO SERVE AS A REPRESENTATIVE
AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES RIVERSIDE DIVISION.
A) MINUTE ORDER ACTION.
8. CONSIDERATION OF COMMISSION REVIEW OF COMMUNITY SERVICES GRANT
APPLICATIONS.
A) MINUTE ORDER ACTION.
9. CONSIDERATION OF AMENDMENT TO THE CITY COUNCIL'S RULES OF PROCEDURE.
A) RESOLUTION ACTION.
10. CONSIDERATION OF APPOINTMENT TO THE PALM SPRINGS REGIONAL AIRPORT
COMMISSION.
A) MINUTE ORDER ACTION.
11. SECOND READING OF ORDINANCE NO.307 RE: INDEPENDENT USED VEHICLE SALES.
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Note: Consent Calendar Items are considered to be routine in nature and will be approved by one
motion.
1. APPROVAL OF DEMAND REGISTER DATED AUGUST 19, SEPTEMBER 2 & SEPTEMBER 16,
1997.
2. TRANSMITTAL OF TREASURER'SREPORT DATED JUNE30, 1997 AND JULY31, 1997.
3. APPROVAL OF OVERNIGHT TRAVEL FOR THE BUILDING AND SAFETY MANAGER TO ATTEND
THE WOOD STRUCTURES II EVALUATION OF WIND AND EARTHQUAKE FORCES" SEMINAR
AT THE WHITTIER HILTON HOTEL, WHITTIER, CALIF., OCTOBER 6-7, 1997.
4. APPROVAL OF OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR,
RECREATION SUPERVISOR, SENIOR CENTER SUPERVISOR AND ONE PARKS & RECREATION
COMMISSIONER TO ATTEND THE CPRS CONFERENCE IN LONG BEACH, CALIF., MARCH 12-
15, 1998.
5. DENIAL OF CLAIM FOR DAMAGES BY LUCAS CORONEL, DATE OF LOSS, 2/6/97.
6. DENIAL OF CLAIM FOR DAMAGES BY CLAIRE A. GRINDE, DATE OF LOSS, 7/6/97.
7. DENIAL OF CLAIM FOR DAMAGES BY FRANK KITTEL, DATE OF LOSS, MARCH 28, 1997.
8. APPROVAL OF SETTLEMENT AGREEMENTS IN THE 0CM LITIGATION WITH CITY OF VERNON
AND THE SCHOOL BOARD OF POLK COUNTY, FLORIDA.
9. APPROVAL OF FISCAL YEAR 1996/97 PROJECT FEE REPORT.
10. APPROVAL OF AWARD OF CONTRACT FOR CONSTRUCTION OF AVENUE 48/WASHINGTON
STREET TRAFFIC SIGNAL PROJECT NO.97-02.
11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NICKERSON, DIERCKS &
ASSOCIATES TO PROVIDE STAFF SUPPORT FOR FISCAL YEAR 1997/98.
12. ACCEPTANCE OF IMPROVEMENTS WITHIN PROJECT NO.96-01 JEFFERSON STREET
RESURFACING PROJECT.
13. ADOPTION OF RESOLUTION APPROVING STREET CLOSURE PERMIT FOR THE MAINSTREET
MARKETPLACE EVENTS PLANNED IN 1997 ON CALLE ESTADO BETWEEN DESERT CLUB
DRIVE AND AVENIDA BERMUDAS ACCORDING TO THE CONDITIONS FOR TEMPORARY USE
PERMIT 97-144. APPLICANT: LA QUINTA CHAMBER OF COMMERCE.
14. APPROVAL OF CONTRACT FOR ULTIMATE DESIGN OF THE JEFFERSON STREET CORRIDOR
FROM INDIO BOULEVARD TO AVENUE 54 TO ROBERT BEIN, WILLIAM FROST AND
ASSOCIATES.
15. APPROVAL OF CONTRACT FOR FIELD SURVEY SERVICES TO COACH ELLA VALLEY
ENGINEERS TO SUPPORT PM1O STREET IMPROVEMENTS.
16. APPROVAL OF CONTRACT FOR CUSTODIAN SERVICES FOR CITY OF LA QUINTA AND LA
QUINTA FINANCING AUTHORITY WITH BANK OF NEW YORK WESTERN TRUST COMPANY.
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REPORTS AND INFORMATIONAL ITEMS
A. INVESTMENT ADVISORY BOARD MINUTES OF JULY 9, 1997.
B. CVAG COMMITTEE REPORTS
C. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE
D. C. V. MOSQUITO AND VECTOR CONTROL DISTRICT MINUTES OF JULY 8, & AUGUST 12,
1997
E. C. V. MOUNTAINS CONSERVANCY SNIFF)
F. C. V. REGIONAL AIRPORT AUTHORITY HENDERSON)
G. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU HOLT)
H. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE HENDERSON)
I. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE HENDERSON)
J. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD
K. SUNLINE TRANSIT AGENCYISUNLINE SERVICES GROUP ADOLPH)
DEPARTMENT REPORTS
A. CITY MANAGER
1. RESPONSES TO PUBLIC COMMENT
2. TRANSMITTAL OF LIST OF TENTATIVE AGENDA ITEMS FOR SEPT.23, 1997 STUDY
SESSION AT 1:30 PM.
B. CITY ATTORNEY NONE
C. CITY CLERK NONE
D. BUILDING AND SAFETY DIRECTOR
1. MONTHLY REPORT FOR JULY & AUGUST
E. COMMUNITY DEVELOPMENT DIRECTOR NONE
F. COMMUNITY SERVICES DIRECTOR
1. MONTHLY REPORT FOR JULY & AUGUST
G. FINANCE DIRECTOR
1. REVENUE & EXPENDITURES REPORT DATED JUNE30, 1997 & JULY31, 1997 FOR
THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY
H. PUBLIC WORKS DIRECTOR
1. MONTHLY REPORT FOR JULY & AUGUST
I. SHERIFF?S STATION COMMANDER
1. QUARTERLY REPORT
MAYOR AND COUNCIL MEMBERS' ITEMS
1. DISCUSSION CONCERNING STUDENT ACCESS/TRANSPORTATION FROM ADAMS SCHOOL
TO THE LA QUINTA BOYS AND GIRLS CLUB. SNIFF)
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RECESS UNTIL 7:00 P.M
PUBLIC COMMENT
This is the time set aside for public comment on anv matter not scheduled for a public hearing. Please
complete a request to speak" form and limit your comments to three minutes.
Please watch the timing device on the podium.
PRESENTATIONS
PUBLIC HEARINGS
1. WEED ABATEMENTS/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON THE 1998/99 TAX
ROLLS.
A. CAPITOL CONT. CORP. APN 646-311-003 $187.50
B. HYMSON, HYMAN & SYDELLE APN 646-312-038 $250.00
C. FRITZ B. BURNS FOUNDATION APN 773-113-001 $187.50
D. HERRERA, LUIS & JUANITA APN 773-121-002 $187.50
APN 773-121-003 $187.50
E. RAVEN, HARRY & DOROTHY APN 773-132-002 $187.50
F. MUGNI, ADAM APN 773-242-004 $187.50
G. PATTON, JAMES & EILEEN APN 773-275-016 $187.50
H. GENDEL, BEATRICE APN 774-083-007 $187.50
I. EICKMEYER, VIOLA ESTATE APN 774-164-019 $187.50
J. DESEGRANGES, DARRELL GLEN & APN 774-171-007 $187.50
DOUGLAS ABBO
K. KLOSS, ROGER APN 774-171-008 $187.50
L. SARDO, FRANK J. ET AL & APN 774-235-016 $187.50
CAMARDO, PETER
M. DAVIS, MICHAEL & ANNETTE APN 774-235-017 $187.50
N. MOUNTAIN SPRINGS DEVELOPMENT APN 774-292-006 $187.50
A) RESOLUTION ACTION.
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OF ZONE 97-083, SPECIFIC PLAN 121-E, AMENDMENT #4, TENTATIVE TRACT MAP 28545,
SITE DEVELOPMENT PERMITS 97-607 & 97-608, AND CERTIFICATE OF APPROPRIATENESS
97-003. APPLICANT: KSL RECREATION CORPORATION AND ITS ASSIGNS AND VARIOUS
SUBSIDIARIES). REQUEST AND LOCATIONS:
1. APPROVAL OF ENVIRONMENTAL ASSESSMENT 97-343, CERTIFYING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT 97-054, CHANGE OF ZONE 97-083, SPECIFIC PLAN 121-E,
AMENDMENT #4, TENTATIVE TRACT 28545, SITE DEVELOPMENT PERMITS 97-607
AND 97-608 AND CERTIFICATE OF APPROPRIATENESS 97-003.
2. APPROVAL OF GENERAL PLAN AMENDMENT FROM MDR MEDIUM DENSITY
RESIDENTIAL 4-8 DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR
APPROXIMATELY 14.8 ACRES GENERALLY LOCATED ON THE WEST SIDE OF
AVENIDA OBREGON SOUTH OF AVENIDA FERNANDO, AND FROM LDR LOW
DENSITY RESIDENTIAL 2-4 DWELLING UNITS PER ACRE) TO TC TOURIST
COMMERCIAL) FOR APPROXIMATELY 17.6 ACRES AT THE SOUTHEAST CORNER OF
50TH AVENUE AND EISENHOWER DRIVE.
3. APPROVAL OF ZONE CHANGE FROM RM MEDIUM DENSITY RESIDENTIAL 4-8
DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY
14.8 ACRES GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON,
SOUTH OF AVENIDA FERNANDO, AND FROM RL LOW DENSITY RESIDENTIAL 2-4
DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY
17.6 ACRES AT THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER
DRIVE.
4. APPROVAL OF AMENDMENT #4 TO SPECIFIC PLAN 121-E TO UPDATE THE PLAN
AND ALLOW NEW DEVELOPMENT AND USES FOR THE AREA COMPRISING THE LA
QUINTA RESORT, SANTA ROSA COVE, LA QUINTA RESORT GOLF COURSE,
ABUTTING TRACTS, AND THE SOUTHEAST CORNER OF 50TH AVENUE AND
EISENHOWER DRIVE.
5. APPROVAL OF TENTATIVE TRACT MAP 28545 TO DIVIDE APPROXIMATELY 62.5
ACRES INTO 132 LOTS FOR THE AREA ENCOMPASSING THE LA QUINTA RESORT
AND CLUB LOCATED GENERALLY WEST OF EISENHOWER DRIVE AND SOUTH OF
AVENIDA FERNANDO.
6. APPROVAL OF SITE DEVELOPMENT PERMIT 97-607 TO ALLOW REMOVAL OF SEVEN
TENNIS COURTS, 18 HOTEL UNITS, EMPLOYEE PARKING, AND MAINTENANCE
FACILITIES AND REPLACE WITH 119 RESORT-RESIDENTIAL UNITS AND A HEALTH
SPA OF APPROXIMATELY 19,400 SQUARE FEET IN THE AREA GENERALLY LOCATED
BETWEEN AVENIDA OBREGON AND CALLE MAZATLAN, SOUTH OF THE LA QUINTA
TENNIS CLUB AND ON THE EAST SIDE OF AVENIDA OBREGON, ACROSS FROM THE
TWO EXISTING SUNKEN TENNIS COURTS.
7. APPROVAL OF SITE DEVELOPMENT PERMIT 97-608 TO ALLOW CONSTRUCTION OF
A GOLF COURSE/HOTEL MAINTENANCE FACILITY INCLUDING A 14,600 SQUARE
FOOT BUILDING AND PARKING LOT FOR ALL HOTEL AND GOLF COURSE EMPLOYEES
ON APPROXIMATELY 6.2 ACRES LOCATED ON THE SOUTH SIDE OF 50TH AVENUE,
APPROXIMATELY 210 FEET EAST OF EISENHOWER DRIVE.
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ARCHITECTURAL COMPATIBILITY BETWEEN HISTORIC STRUCTURES AND
PROPOSED CONSTRUCTION, PURSUANT TO SECRETARY OF INTERIOR STANDARDS.
A) RESOLUTION ACTION 7).
B) MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY
AND WAIVE FURTHER READING.
C) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING.
CLOSED SESSION
NOTE: PERSONS IDENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF
THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING.
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) REGARDING EXISTING LITIGATION:
STAMKO DEVELOPMENT CO., CASE NO. INC. 000492
COUNTY OF RIVERSIDE, CASE NO. INC 002131
INSURANCE COMPANY OF THE WEST, CASE NO. INC 002476
TRADITIONS, CASE NO. INC 003070
DR. TYNBERG EMINENT DOMAIN, CASE NO.088851
KSLICOACHELLA VALLEY UNIFIED SCHOOL DISTRICT, CASE NO. INC 003108
KSLIJ.M. PETERS, CASE NO.002597
LA QUINTA V. DIEHL EVANS, CASE NO.782308; CITY OF ORANGE V. ALABAMA
TREASURY ADVISORY PROGRAM, CASE NO. BC 106461; PEOPLE OF STATE OF CALIFORNIA
V. STEVEN RUMMONDS, CASE NO. 1NM071412
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)3(E) REGARDING POTENTIAL LITIGATION ONE CASE)
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)3(C) REGARDING POTENTIAL LITIGATION ONE CASE)
4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) REGARDING POTENTIAL LITIGATION ONE CASE)
ADJOURNMENT
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I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the
foregoing agenda for the City Council meeting ot September 16, 1997 was posted on the outside entry
to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of
Commerce and at Albertson's, 78-630 Highway 111, on Friday, September 12, 1997.
DA E September 12, 1997
AUNDRA L. JUHOLA City Clerk
City of La Quinta California
PUBLIC NOTICE
The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the
hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting
and accommodations will be made.
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I I? If
EJOMHN F. KENNEDY 8
emporia Hospital L???1I A?
Tenet California Health8ystem LIl
r?4rI1*' I
S r 0T
WRITTEN CORRESPONDENCE: I
August 5, 1997
Mayor Glenda Holt
City of LaQuinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Mayor Holt,
I am writing to you on behalf of Heart Institute of Southern California, located in Mecca,
Riverside County, California. We respectfiilly request your assistance in procuring a waiver from
the two year foreign residency requirement for the alien physician namely Dr. Aamer Qureshi. Dr.
Aamer Qureshi would like to accept a position with the Heart Institute of Southern California to
work its Clinic located in Riverside County, in city of Mecca, California. We would like to
indicate our support for this case and request your direct processing and approval as quickly as
possible.
Riverside County has been designated as a health professional shortage area by the U.S.
Department of Agriculture. Dr. Aamer Qureshi's services are desperately needed by Heart
Institute of Southern California on behalf of the residents of Riverside County of California. For
this reason, the Heart Institute of Southern California has requested your assistance by acting as
an interested government agency" in applying for a waiver pursuant to Section 212(e) of the Act
to enable employment of Dr. Aamer Qureshi.
If you have any questions, or if you need any additional intbrmation, please feel free to contact
me. I thank you in advance for your kind attention to this matter, and I look forward to your
reply.
With best regards,
Michael A. Rembis
Chief Executive Officer
000010
47-111 Monroe Street Indio California 92201 760) 347-6191
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ESTABLISHED IN 1918 AS A PUBLIC AGENC?
JTi:JC1
CDACHELL&?A?LEY WATER OISTRICT
POST OFFICE BOX 1058. COA??H?L?A, 92236. TELEPHONE 760) 398-2651
DIRECTORS OFFICERS
TELLIS CODEKAS. PRESIDENT THOMAS E. LEVY. GENERAL MANAGER-CHIEF ENGINEER
RAYMOND R. RUMMONDS, VICE PRESIDENT RERNARDII?E SUTTON, SECRETARY
JOHN W. McFADDEN Au?ust 29 1997 OWEN McCOOK, ASSISTANT GENERAL MANAGER
DOROTHY M. NICHOLS b REDWINE AND SNERRILL, ATTORNEYS
THEODORE J. FISH
File: 0710.1810.12
Saundra Juhola, City Clerk
City of La Quinta
Post Office Box 1504
La Quinta, California 92253
Dear Ms. Juhola:
SubjeCt: Mid-Valley Water Reclamation Plant No. 4 Influent
Force Main No. 2, Se?ment 2, Notice of Appeal
This letter shall serve as a notice of appeal in regard to the above-mentioned
project. This notice is filed in accordance with the City of La Quinta
Municipal Code including, but not limited to, sections 14.16.510, 14.16.520
and 14.16.530.
In addition, this notice is filed in accordance with the letter from
Thomas P. Genovese dated August 19, copy enclosed. Also enclosed are copies
of letters from the district dated August 1 and August 8, as well as the
city's letter dated August 2.
The district respectfully requests that this matter be placed on the agenda
for the next available meeting of the City Council and that the district
receive notice of said meeting. In that regard it is requested that the
district receive a copy of any staff report or other documentation that may be
prepared for the agenda packet or otherwise presented at the subject meeting.
Thank you for your assistance and cooperation in this matter.
If you have any questions please call Dan Par?s, director of engineering,
extension 262.
Yours very truly,
Tom Levy
General Manager-Chief Engin
Enclosures l4las
DP:jl\Gng\parks\aug\juhola TRUE CONSERVATION 0 0 0 011
USE WATER WISELY
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CALLE TAMPICO LA 777-7000
oF??AuG 2 1 1991
TDD 760) 777-1227
August
Thomas E. Levy, General Manager F??-----?
COACHELLA VALLEY WATER DISTRICT
P.O. Box 1058
Coachella, CA 92236
Re: Avenue 50 Sewer Main Project- Permit 2637 2--------
4
The City is receipt of your letter dated August 8, 1997 that was hand delivered on August 12,
N; 1997 by your staff when they completed processing permit 2637. According to your letter, you
state The Disrnct also believes that the City does not have the authority to require a cash permit
fee equal to 3% of the contract amount, refrrred to as disputed fee. It is the District's position
that the petmitfee may only be imposed to defray certain costs as allowed by law and may not be
imposed for mere issuance of a permit or as a percent of the contract or construction." Please be
advised the 3% permit fee was intended to cover the City's actual costs to cover the fee for
issuance of the permit, charges for field investigation and the cost for necessary inspection in
accordance with the schedules established and adopted hv the Citv Council on December 3, 1996.
Pursuant to the August 14, 1997 telephone conversation between Dan Parks and Chris Vogt, we
understand that CVWD agrees that the City should recover its actual cost for field
invesfigations/inspections of the CVWD project. Accordingly, the City will return the check in
the amount of $7,352.00 that was originally deposited and bill CVWD for actual services. During
the course of your project, the City will track and tabulate the inspector's time and forward
invoices to CVWD for the City's time for field investigation on the above referenced project.
Indluded- with this letter is a check in the amount of $7,352.00.
Further, in your August 8, 1997 letter, you state that The District requests that this letter be
placed on the agenda of the next available meeting of the Council and the District receive notice
of said 7eeting so that they may present their position on these issues. According to the City of
La Qu?nta Municipal Code Section 14.ib.5iO ppeai Rignt Any person aggrieved by? tile
action of any administrative official of the City acting under this chapter, may appeal such
decision to file Cit\? Council." Section 14.16.520 Appeal Filing Method" states Such aggrieved
person as pm?'ided in Section 14.16.510 shall file notice of appeal in writing with the City Clerk
within seven days after final action of tile administrative official whose action is being appealed."
Section 14.16.530 Appeal Action of City Council" states Unless an adjustment of the matter
is made by the Citv Manager satisfactory to he Appe?ant, the Citv Council shall promptly hear
the appeal and tile City Council may affirni, modif;, or reverse the action of the administrative
pd OOOO1?
MAILING ADDRESS PC. BCX 1504 LA QUINTA, CALIFORNIA 92253
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official from whom the appeal is taken.' It appears that your request may be intended as an appeal.
under Section 14.16.510. If this is the case, please file a Notice of Appeal in writing with the
City Clerk as soon as possible. The next City Council meeting is scheduled for September 16,
1997. Your appeal must be filed prior to action by the City Council.
If you have any additional questions, please feel free to contact Chris Vogt, Director of Public
Works/City Engineer at 760) 777-7042.
Sincerely,
Thomas P. Genovese
City Manager
cc: Chris Vogt, Public Works Director/City Engineer
Dawn Honeywell, City Attorney
Kathy Jenson, Rutan & Tucker, L.L.P.
F 997\97O81?b.?p?
000013
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COACHELLA VALLEY WATER DISTRICT
OFFICE Box 1058e COACHELLA, CAUFORNIA 92236.
OIRECTORS
ThOIM E LEVY. GENERAL MANAGER.CHIEF ENGINEER
TEWS CO?EKAS. PRESIDENT SECRETARY
RAYIICNO R. RUMMONDS, VICE PRESIDENT BERNAAOINE SurroN.
fliN w. &ic?AODEN 1997 OWEN ASSISTANT GENERAL MANAGER
DOROThY M. NICHOLS August 1, R?WINEANOSHERStILLATTORNEYS
THEODORE J. FISH
Tom Genovese, City Manager
City of La Quint
Post Office Box 1504
La Quinta, California 92253
Dear Mr. Genovese:
Thank you for your letter dated July 31. We appreciate your efforts to
resolve our concerns with the encroachment permit conditions on the
Mid-Valley Water Reclamation Plant Wa. 4 Influent Farce Main No. 2, Segment 2
project.
As we discussed yesterday. we believe that several of the city's encroachment
permit requirements are unreasonable and go beyond the authority granted the
city by state law. In short, they require betterment" as opposed to the
restoration mandated by the statute. Our attorney has provided our legal
authorities far our position to your attorney.
The following are our major concerns:
1. We do not believe that the requirement to cold-raill the existing pavement
dawn 1 inch for 15 feet or the entire lane width is technically valid and not
consistent with prior city practice.
2. We believe that th? requirement to provide temporary paving and backfill
each night is unreasonable and not consistent with other projects in the city.
3. We believe that the working hours are not reasonable and not consistent
with other projects in the city.
4. We believe that the city lacks authority to collect a cash permit fee
equal to 3 percent of the contract amount for any permit issued to the
district.
In an attempt to resolve the working hours issue item 3) near the schools we
propose to complete the construction in this area before the start of school.
To do this, we rmist have our contractor start construction on this portion by
August 6.
000014
TRUE CONSERVATION
USE WATER WISELY
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ing -> 16iTom Genovese 2- August 19 1997
To resolve the aesthetics of the new pavement dark black) as compared to the
older pavement grey)1 we proposed to seal coat the area that you proposed to
have cold?milled.
We have retained La Belle-Marvin. Inc., to evaluate the tedmical basis of
your permit requirement for cold-milling and paving outside the area of
construction. La Belle-Marvin, Inc., is a firm specializing in professional
pavement engineering in Southern California for 28 years. Its resume includes
an extensive list of asphalt paving projects for cities, counties and
engineering firms. The consultant believes that your requirements are not
necessary.
It is the consultant's opinion that:
1. Removing and replacinr, pavement outside the trench is i?ne?essary and may
be detrim?ntal to rideability of the street.
2. cold-milling and installing a 1-inch cap provides no structural benefit
to the roadway.
3. The combined requirements to remove and replace paving one foot beyond
the trench and cold mill and install a 1-inch cap over the lane width is
wasteful.
4. Requirements to cold?mill and install a 1-inch cap 15 feet outside the
trench is contrary to industry practice and imposes difficulties in
constructing a smooth, good-riding street surface.
We believe that it is important to have reasonable permit conditions to
prevent undue costs to the public. Therefore, we wish to review the issue
with the city council to see if we can resolve it without having to go to
court.
As we wish to install the force main in front of the schools prior to the
start of school and prior to the start of the winter season, we would suggest
that we move ahead with construction while we resolve these issues by one of
the following methods:
1. We will install the paving one foot outside the trench area and seal coat
the street.. If after review by the city council and the court the final
decision is that we rinist cold-mill and install the one-inch cap, we will do
so.
2. We will install the paving including the cold-mill and the one-inch cap.
If. after review by the city council and the court, the final decision is that
we do not have to cold-mill and install the one-inch cap, the city will
reimburse the district the cost of the additional work.
Again. we appreciate your efforts to resolve this issue and we also wish to do
the same. Public agencies should be able to solve problems without spending
tax and rate payers' money needlessly on litigation or unnecessary
construction.
oooo1J'-.
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ing -> 16iTom Genovese 3- August 1, 1997
Please let me know which of the two options you wish to proceed with to get
the farce inain construction underway so construction can be completed before
the start of schaol and the winter season.
If you have any question, please call Dan Park., director of engineering,
extension 262.
Yours very truly,
oui Levy
General anager?Chief Engineer
I,-
PIj 1\eng\pez?.?ng?gmn?em
000016
O?!Gj1i?Nrc?1?
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ESTABLISHEO IN 1918 AS A PUBLIC AGENCY
COACHELLA VALLEY WATER oISTRld???OFLA
CITY MANAG?USINE?
POST OFFICE BOX 1058. COACHELLA, CALIFORNIA 92235. TELEP?ONE 760)
DIRECTORS OFFICERS
TELLIS CODEKAS. PRESIDENT
RAYMOND R. RUMMONDS. VICE PRESIDENT THOMAS E. LEVY. GENERAL MANAGER-CHIEF ENGINEER
BERNARDINE SUTTON. SECRETARY
JOHN W. McFADDEN
DOROTHY M NICHOLS August 8, 1997 OWENMCCOO?ASSISTANTGENERALMANAGER
REDWINE AND SHERRILL. ATTORNEYS
THEODORE J. FISH
File: 0651.96
0710.1810.12
1150.14
Tom Genovese, City Manager
City of La Quinta
Post Office Box 1504
La Quinta, California 92253
Dear Mr. Genovese:
Subject: Mid-Valley Water Reclamation Plant No. 4
Influent Force Main No. 2, Se?ment 2 Project)
Thank you for your letter of August 2 and for your cooperation in permitting
construction to proceed prior to the start of the school year. This letter is
to summarize what we have agreed on through the district's letter dated
August 1 and the city's letter dated August 2. Copies of these letters are
enclosed.
It is the district's position that several of the city's conditions for the
issuance of an encroachment permit are unreasonable and would interfere with
the district's statutory franchise right to conduct activities on public
rights-of-way. Those conditions and our concerns are described in the
district's letter dated August 1 and are collectively referred to as Disputed
Work. The district also believes that the city does not have the authority to
require a cash permit fee equal to 3 percent of the contract amount? referred
to as Disputed Fee. It is the district's position that a permit fee may only
be imposed to defray certain costs as allowed by law and may not be imposed
for the mere issuance of a permit or as a percentage of the contract or
construction.
Taking into account the benefit of installing the force main in front of the
schools prior to the start of the school year and prior to the start of the
winter season, the district will proceed to complete its project. In
completing the project, the district will install the paving including work to
cold-mill the existing pavement down 1 inch and install the 1-inch cap.
TRUE CONSERVATION 0 000 1 7
USE WATER WISELY
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ing -> 16iTom Genovese, City Manager 2- August 8, 1997
The district will file legal action against the city in regard to the
encroachment permit conditions at issue unless the matter can be resolved at
the level of the City Council. In that regard, the district requests that
this matter be placed on the agenda for the next available meeting of the
council and that the d?strict receive notice of said meeting so that they may
present their position on these issues.
If the matter is not resolved at the level of the City Council, the district
will file legal action. If the final judgment or any other conclusion of said
iegal action is that the Disputed Work is an improper condition for the
encroachment permit and interferes with the district's use of its statutory
franchise right, then the city shall reimburse the district fQr the cost of
the Disputed Work. Likewise. if the final judgment or any other conclusion of
said legal action is that the Disputed Fee was improperly imposed, then the
city shall refund any amoun' of the encroachment fee paid in exce?s cf what
may be legally imposed.
For informational purposes only, as of the date of this letter, it is
estimated that the amount of the cost of the Disputed Work is about $75,OOQ.
In the event the final 3'udgment or other conclusion of the legal action is
that the city is responsible for the cost of the Disputed Work, the district
shall submit to the city a statement with supporting documentation as to the
total cost.
Nothing in the district's agreement to proceed with the project nor any
activity by the district in connection with the project shall be deemed a
waiver or consent by the district in regard to any objections or claims in
connection with the Disputed Work and the Disputed Fee.
We continue to appreciate your efforts to resolve this issue and also wish to
do the same. If you have any questions please feel free to call Dan Parks,
director of engineering, extension 262.
Yours very truly,
neer
Tom Levy
General Manager-Chief
Enclosures/2 las
cc: Gerald Shoaf
Redwine and Sherrill
1950 Market Street
Riverside, California 92501
DP 1\ezlq\park5\aug\1aqu?nt2
000018
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ing -> 16i i?:35 61?7777155 LA
F(?;
75-a95 CALLE TAMPICO LA QU1N?TA, CAUFORNIA 92253 780) 777-7C
PAX 760) 777-7?
ThO 760) 777-1
Augu:t2. 1997
Thomas E. levyg G?neml
COA? VAIl?Y WATER DISTR?CT VIA FAX: 760)398-3711
P.O. Box
Caa?clia, CA 92236
Avcnio 53 Scw? Main Pi?cct a?mcnt P?t C?m'itio?
Dnr+.Q?
Thank you far your Icter dated Augi?st I, L997 th? above enced subject. Af?r much
compromise, I beile? condition: as lls? in E?croachmeriI Permii 2637 are r?ed
t:r the pr?r compl8tion of the pave?? repair due to your project and the prot?ction of the public during
yoi?projecL
Your coo-on m? resoivi?i; thm is y a?reciz' ted. the to begin this p?qject
goon the school will bc aell? by your comtrucU ozi, I rc?i=t you widi yout izg&??ted
method nuzni? 2". M oti?ed In your letter dated 1, 1997, thu mi*uod is as follows:
Valley Water I)istnct CVWD) will ttw ng including the ooId-rnili?? and the
if. af?r r?view by afy Cowicil and the court, tb? decis?on is that CYWI) does
tot l?,. to cold-mill and ll the oric-itidi p, the City wili zmburse the District the east of the
additional work.
Permit 2637 has n prcpared and ig ready for issu? upon reeefpt of the it?rns noicd n that 4te I
condition prcc?d?nt toits
Thank you a-i for your cffbrw to resolve thi, issu?. If you have any qustioM pI?se eonU?t C?LZ iz Vogi.
Public Work: irecto?C:ty Engir=er at 760)777-7042.
iw?i?teIy?
Thotnas P.
City MM?
cc: VogL. PLLbIic Wor? xICity Engwfl'
Dawn Ci? A?rmy
Ka? Rown & i?-'
Suyg S?. I
Marcus Ahnswm
000019
x i&o4 OUINTA. CAUFORNtA 92253
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE: Consideration of Constructing a Public STUDY SESSION:
Swimming Pool at Fritz Burns Park
PUBLIC HEARING:
RECOMMENDATION:
As directed by the City Council.
FISCAL IMPLICATIONS:
During the December 17, 1996 City Council meeting, the City Council directed staff
to set aside $518,000 in Community Service Projects Fund for the proposed Fritz
Burns Park Public Pool Project. The cost to the City to compensate for the
maintenance, operation, staffing, chemicals and utilities is estimated at $26,174 for
the first year decreasing by an amount of $1,454 per year for a period of 18 years.
After 18 years there would not be any compensation required by the City. Any major
repairs would be a 50% cost to the City and a 50% cost to the Coachella Valley
Recreation and Parks District CVRPD).
BACKGROUND AND OVERVIEW:
During the December 17, 1996 City Council Meeting, the City Council directed staff
to set aside $518,000 in Community Service Projects Fund for the proposed pool at
Fritz Burns Park. The City Council further directed staff to pursue a contract with
another agency or private firm for the operation and maintenance of the proposed
public pool. The City Council deferred their decision on the construction of the public
pool until another agency commits to the maintenance and operation of the facility.
In December of 1 996, staff completed a cost estimate for the construction of a public
swimming pool that is 75 feet by 35 feet and ranges from three foot six inches deep
at the shallow end, to five feet deep at the deep end.
Also included in the estimate is a 30-foot diameter by 18 inch deep wading pool, two
filter systems, a restroom facility, a shower facility, a ticket office, a shade structure,
and security fencing wrought iron), along the perimeter of the facilities.
Also included in the cost estimate is the design and administration of the contract for
construction management, inspection and office administration.
000024
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ing -> 16i Subsequent to those estimates, it appears it may be advantageous to up size" the
swimming pool to 75-foot by 42 foot and construct a wading pool to the depth of 24
inches, as opposed to 18 inches. The reason for a 42-foot width as opposed to a 35-
foot width is a standard size for swimming events. The 24-inch depth on the wading
pool as opposed to an 18-inch depth, would allow swimming lessons for toddlers in
the wading pool. These up sizes" are minor and therefore would not change the cost
estimates to a great degree.
Included with this report as Attachment 1, is a cost estimate for the facilities as
previously described. Please note that the cost ranges from $341,750.00 to
$761,438.00. The lower cost was estimated through discussions with area
contractors. The higher cost is utilizing the report completed in July 1995 by
Berryman & Henigar. It is important to note that the pool constructed by the City
would have to be in compliance with Title 22 and 24 of the Environmental Health and
State Building Code through the Department of Health Services.
In June 1995, CVRPD completed a proposal to maintain and operate the proposed
public pool within the City of La Quinta. The proposal that was discussed was a 25-
year lease in which the district would operate the pool under the following conditions:
The District would be responsible for staffing life guards.
* The District would receive all revenue from concessions, entrance fees, parties,
lessons, etc.
* The District would provide the maintenance facilities, which would include
chemicals and utilities.
* The cost of a major repair would be a 50/50 split between the City and the
District.
* The District proposed that the City compensate the District in the amount of
$27,500.00 for the first year and that amount would decrease by $1,485.00
per year for 18 years. After 18 years, there would not be any further
compensation required.
In November of 1996, the citizens of California approved Proposition 218, which
jeopardized the CVRPD yearly assessment for parks. After that vote, CVRPD
representatives withdrew their proposal until they could further interpret the
limitations of Proposition 218. In March of 1997, the CVRPD Board directed their
staff to complete a mail-in ballot for the CVRPD yearly assessments. On July 23,
1 997, the assessment ballots were tallied by CVRPD staff, and it was determined that
the assessment passed by a 71 % margin.
On July 25, 1997, City staff sent a letter to the General Manager of CVRPD
requesting the proposal from CVRPD for the maintenance and operation of the Fritz
Burns Park pool. included with this report as Attachment 2 is a memorandum from
Don Martin, General Manager of CVRPD to the Board of Directors, dated September
5, 1997. Mr. Martin informed city staff that this item was discussed during the
September 10, 1997 CVRPD Board Meeting. The staff report Agenda Item No. 8b)
by CVRPD states that CVRPD would enter into a long term lease agreement of 25
OOO??2? oo;.?)
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ing -> 16i by CVRPD states that CVRPD would enter into a long term lease agreement of 25
years for the operation and maintenance of the Fritz Burns Park Pool. During the
September 10, 1997 CVRPD Board Meeting, the CVRPD Board voted in favor of
entering into a 25 year lease with the City of La Quinta for the operation and
maintenance of the pool facility with the following conditions;
* CVRPD will be responsible for staffing the lifeguards.
* CVRPD would receive all revenue from concessions, entrance fees, parties,
lessons, etc.
* CVRPD would provide maintenance for facilities that would include chemicals
and utilities.
* The cost of any major repair would be split 50% by the City and 50% by
CVRPD The City funding available for this proposal would be from the General
Fund).
* The City would compensate the District in the amount of $26,174 the first
year. This amount would decrease by $1,454 per year for 18 years. After 18
years, there would not be any other compensation from the City to CVRPD
other than the 50% share of major repairs.
* CVRPD wishes to have input on the design of the facility prior to construction.
* CVRPD is proposing a lease agreement for the duration of 25 years for the
operation and maintenance of the pool.
During the March 1 8, 1997 City Council Meeting, the Council requested that city staff
investigate the posting of a surety bond or guarantee for the operation and
maintenance of the pool to protect the City from being responsible for the operation
and maintenance for a 10 year period in case the agency or private enterprise
committing to the operation and maintenance would choose not to continue. This is
an item that will be discussed with CVRPD representatives during the drafting and
negotiation of the 25 year lease agreement between CVRPD and the City of La
Quinta.
An estimate was completed by city staff for the maintenance and operation costs for
the Fritz Burns Park pool. This estimate was based on seven cents per square foot
per day for maintenance, chemicals and electrical. Four lifeguards at eight hours, for
four month, six month and twelve month operational periods. The estimated costs
for operations and maintenance for the City are $70,240.00 for four months,
$105,360.00 for six months and $213,480.00 for twelve months. Included with this
report as Attachment 3 is a spreadsheet of estimated maintenance and operations
costs. City staff has been in continual contact with the YMCA personnel in order to
obtain a proposal for maintenance and operation. However, the YMCA has not
completed the feasibility report or responded with a proposal since January of 1997.
Oood2? 003
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ing -> 16iFINDINGS AND ALTERNATIVES:
1. Direct staff to complete an RFP for consultant services to complete design
specifications and cost estimates for the construction of a public pool at Fritz
Burns Park and negotiate a 25 year lease agreement for operation and
maintenance with CVRPD.
2. Do not approve the design and construction of a pool at Fritz Burns Park.
3. Provide staff with alternative direction.
Public Works Director/City Engineer
CAVIas
Attachments
OOO?27 004
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AGENDA CATEGORY:
COUNCILIRDA MEETING DATE: September 16, 997 BUSINESS SESSION:
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of appeal of Planning Commission PUBLIC HEARING..
decision approving modifications to existing signs for
The Beer Hunter located at 78-483 Highway 111 at
Washington Street. Appellant: Gary Wright
Architectural Neon and Sign Co.) for The Beer
Hunter.
RECOMMENDATION:
Deny the appeal of the appellant and uphold the decision of the Planning Commission.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Planning Commission Review:
The Planning Commission reviewed this request on August 12, 1997, and on a 6-1
vote, approved modified signs from that requested by the appellant Attachment 1).
The appellant requested on the east elevation of the building to replace the existing
sign with new sign copy of The Beer Hunter over the words Sports Pub & Grill". On
the east elevation of the buiFding, the Planning Commission approval deletes Sports
Pub & Grill" from The Beer Hunter", and allows the addition of a logo. On the north
side, Condition #3, of the Commission's approval, deletes the request for a monument
sign, but allows a 15 square foot wall mounted sign to replace the existing 10.6
square foot wall sign Attachment 2).
The Beer Hunter Sports Pub and Grul in the Plaza La Quinta Shopping Center at the
southwest corner of Highway 111 and Washington Street has been in operation since
1 995. The Planning Commission approved the existing signs on the north, east, and
west sides of the building in April, 1995 Attachment 3).
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ing -> 16i Appeal Reauest:
The appellant is requesting that the signs as originally presented be approved.
Attached is a copy of the appeal indicating their basis for appeal Attachment 4).
Original Sign Request:
The appellants request is to modify the wall mounted sign on the east side of the
building, facing Washington Street and replace the wall mounted sign on the north side
facing Highway 111 with a freestanding monument sign see exhibits).
On the dormer of the east building elevation is a 1 4' by 1' non-illuminated channel
letter sign reading Sports Pub & Grill". The request is to replace it with an internally
illuminated sign reading Beer Hunter Sports Pub & Grill" on two lines. Beer Hunter"
will be individual red plexiglass letters 1' high by 1 2 feet long with Sports Pub & Grill"
a cabinet sign with rounded corners. The face will have an opaque hunter green
background with yellow letters. The cabinet will be 10" high by 11 3" long. This sign
will be 5" deep and will have the raceway or wiring system hidden behind the wall.
The total size is 24 square feet, 1 0 square feet larger than the existing sign. The Code
permits a maximum 50 square foot sign, maximum 8' high, mounted on the wall of
the building, subject to the design and scale being in relationship to the associated
building wall.
On the wall of the building facing Highway 111 is a 30" high by 4'-3' long 10.6
square feet) internally illuminated logo cannister sign. Because of its small size and
location under an eave, the request is to replace this with a 5' high by 7'-4" long 36.7
square feet) monument sign adjacent to the east side of the existing stucco screen
wall in the lawn area between the building and sidewalk. The sign face area is
approximately 3'-1 0" high by 4'-6" long 1 7.2 square feet) and will contain the name
and logo with a opaque brown background. The sign face is flanked by 9" by 10"
pilasters topped with a brick cap matching the adjacent screen wall cap. The depth of
the sign is 9-10 inches. The supporting structure will match the beige color of the
building.
ADDlicable Code Provisions:
Planned sign programs 3 signs or more) under Municipal Code provisions allows the
Planning Commission to approve certain sign adjustments to the Code requirements.
Some individual businesses minimum 200 feet building frontage) on a separate parcel
are allowed a freestanding sign. However, individual businesses such as the Beer
Hunter in a shopping center are not. A freestanding sign can be allowed as an
alternative location upon the finding that it is necessary to overcome a disadvantage
caused by an unfavorable orientation of the front wall to the street or parking lot or an
exceptional setback".
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ing -> 16i! Statement of the Issues:
Issue 1 Need for modified signs
The applicant has requested to modify the signs on the north and east sides of the
business because he believes they are inadequate. The Sports Pub and Grill" sign on
the east side does not identify the business as The Beer Hunter". The logo sign on
the north side facing Highway 111 at 1O?6 square feet is difficult to see. The property
manager of the center has submitted a letter indicating that they agree to the Beer
Hunter's request, subject to approval of the center of the final plans Attachment 5).
Issue 2 Community Development Department comments
Staff recommended to the Planning Commission approval of an alternative location,
specifically transferring the required wall sign to a monument placed parallel to
Highway 111. This is allowed under Zoning Code Section 9.16090 E(l)a, because
1) the architectural design of the Highway 1 11 building elevation, consisting of a four
4) foot high building wall with a long overhang, prohibits a sign to be a maximum
8 feet above finish grade as allowed for other tenants in the shopping center; 2) the
building is not perpendicular to Highway 111 making it difficult to be seen from the
east and north, and 3 the screen wall to the west and 30-50 foot building wall
setback from Highway 111 makes a wall sign difficult to see from the west.
Should the City Council grant the appeal for a freestanding sign, the existing berm
will need to be excavated where the freestanding sign is located, so that the proposed
sign columns are approximately the same height as those on the adjacent screen wall,
thereby appearing to be an extension of the wall and less intrusive.
FINDINGS AND ALTERNATIVES:
Options available to the City Council are:
1 Deny the appeal, upholding the action of the Planning Commission.
2. Approve the appeal, allowing the modified signs as requested by appellant,
subject to conditions.
3. Continue the request, providing direction to the appellant for revision.
000033
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ing -> 16i"Attachment:
1. Planning Commission minutes for the meeting of August 12, 1 997
2. Conditions of Approval
3. Planning Commission minutes for meeting of April 11,1995
4. Appeal letter from Architectural Neon and Sign Co.
5. Letter from M&H Property Management.
000034
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ing -> 16i0 AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 1 6, 1 997
CONSENT CALENDAR:
ITEM TITLE:
Consideration of an appeal of Condition #15 of Minute STUDY SESSION:
Motion 97-009 for Site Development Permit 97-611 PUBLIC HEARING:
Appellant: Century Homes Communities Mr. Dennis
Cunningham, Project Manager)
RECOMMENDATION:
Deny appeal and uphold the Planning Commission's conditional approval of prototype
single family homes for Site Development Permit 97-611.
FISCAL IMPLICATIONS: None.
BACKGROUND AND OVERVIEW:
Pronerty History
The appellant wishes to construct new homes in Tract Map 27899, located at the
southeast corner of Miles Avenue and Adams Street, which was approved by the City
Council on February 1, 1994, for 111 single family lots Attachment 1 Map Exhibit).
The map was recorded earlier this year.
Anpellant's Request
On August 5, 1997, the City received an appeal of Planning Commission action from
Century Homes Communities Attachment 2) requesting the Council eliminate
Condition #15 which requires: Two car garage door openings shall be a minimum
clear width of 16?-O?. The garage door opening shall be a minimum of 2?-0?' from the
outside edge of the parking str'ucture to facilitate proper exiting from the owner's
vehicle, etc."
Planning Commission Action
On July 22, 1997, the Planning Commission reviewed the appellant's request for
approval of seven prototype homes under Site Development Permit 97-611. The
proposed houses range in size from 1,445 square feet to 2,240 square feet.
California Mediterranean architecture utilizing gable, clipped gable and hip roof lines
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ing -> 16i1with tile roofs, and stucco walls and arches combined with multi-pane window
features is proposed for each series of homes i.e., Del Rey and Marbella Plans). Each
plan will have two or three facades. Garage doors are metal roll-ups, and the colors
and materials reflect lighter earth tones suitable to the desert environment. The
Planning Commission, on a unanimous vote, adopted Minute Motion 97-009
approving this request, subject to Conditions Attachment 3). A copy of the
Commission Minutes is attached Attachment 4).
Staff Comments
Condition #15 requires 16? wide door openings for two car garages, with two-foot
wide flanking returns. Allowing for two feet on each side of the garages insures
architectural design balance and adequate accessibility. This condition requires minor
changes to some of the houses before building permits can be issued. For example,
Plans 3 and 4 Del Rey) have garage door openings that are one-foot from the outside
edge of the garage wall Attachments 5 and 6 Floor Plans) while other proposed
homes by Century Homes have standard two-foot wall flanking returns. An example
of this design is attached Attachment 7).
FINDINGS AND ALTERNATIVES:
Alternatives available to the City Council are:
1. Deny the appeal and uphold the Planning Commission's conditional approval
of Site Development Permit 97-611;
2. Uphold the appeal by eliminating Condition #15 of Minute Motion 97-009; or
3. Continue the appeal request to October 7, 1997, for further study.
1. Tract 27899 Exhibit Reduced
2. Letter from Century Homes Communities
3. Conditions of Approval
4. July 22, 1997, Planning Commission Minutes Excerpt)
5. Plan 3 Floor Plan Reduced
6. Plan 4 Floor Plan Reduced
7. Design Diagram Plan 2 Marbella Floor Plan) Reduced
P: \CAROLYN\STRPTCCSdP6i1 wpd
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ing -> 16i> AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16,1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of Highway 111 Landscape and
Architectural Design Guidelines PUBLIC HEARING:
RECOMMENDATION:
Approve the Design Guidelines as submitted and adopt the design for the two City entry
signs.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On August 5, 1997, the City Council continued approval of the Landscape and
Architectural Design Guidelines for further clarification of materials and modifications to
designs Attachment 1).
On May 22,1997, all property owners with Highway 111 frontage, were sent a copy of the
Highway 111 Design Guidelines and informed of a meeting to be held on June 12th. This
meeting was to provide the property owners with an opportunity to see and hear a
presentation on the Guidelines and provide their comments. Prior to the meeting two
letters were received responding to the Guidelines Attachment 2). At the meeting, one
property owner and one resident attended. However, afler discussing the issues for 10
minutes and no further questions, the meeting was adjourned.
The Planning Commission, at its April 22nd and May 27,1997 meetings, discussed the
landscape concept, bus shelters, gateway signs, and architectural design guidelines for
the entire Highway 111 Corridor Attachment 3 and 4). Their recommendations, namely
choosing one of the two designs for both the bus shelters and an entry sign design for both
locations, are incorporated into the current document.
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ing -> 16i?The City Council, at its February 25,1997 Study Session, reviewed several design themes
for the Highway 111 Corridor incorporating landscape concepts for the right-of-way,
medians and major driveway entrances, bus stop and entry sign design and materials
Attachment 5).
DESIGN GUIDELINES
The intent of the Design Guidelines is to provide a cohesive design package including
landscaping, lighting, bus shelters, and signs for use by developers to clearly identify when
someone has entered the City limits.
A general description of the Design Guidelines is as follows Attachment 6):
A. Landscape Concept
1. Right-of-Way: The design theme is unique; all proposed tree species will be
flowering during different times of the year. A color plant palette will be
available for viewing at the meeting. Turf areas are proposed with concrete
mow curbs. The plant material consists of low maintenance drought tolerant
shrubs of varying heights. Groundcover is also proposed with some areas
covered in Palm Springs Gold Fines.
2. Medians: Similar plant materials are proposed with the exception of the
trees and turf. Caltrans typically does not allow trees of any significant size
within median islands.
3. Driveway Entrances: All major entrances to retail establishments with full
turn movements, will be accented with palm trees. This will better assist in
identifying the entrance. The plant materials will be similar to the Right-of-
Way landscaping.
Staff has added two new guidelines specifying the following:
4. Landscape setback areas shall not be used for storm water retention except
for runofffrom Highway 111.
5. Lighting options shall be as follows:
a. Uplighting of trees; and
b. Pop-up lights illuminating the sidewalk
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ing -> 16i@B. Bus Stop Shelters
Ray Lopez, landscape architect, and staff have been in contact with Sunline Transit
Agency in order to comply with their requirements. Of note, bus stops must meet
ADA regulations and the view of pedestrians must not be blocked for the bus
drivers. The proposed bus shelters comply with these requirements and are
described as follows:
Bus Stop Shelter The bus stop shelter roof is covered with concrete Mission tile
supported by two smooth trowel stucco side walls. One wall will be angled to allow
the bus driver to see the passengers Attached also at an angle will be rustic ornate
wrought iron canes representing an Ocotillo". Other sculptured metal plants or
other design elements may be substituted for the Ocotillo. The other side wall will
be highlighted with a tile mosaic panel. The facade is highlighted with a 44oot x 10-
foot rough sawn beam, corbeled at the ends. The bench will consist of a concrete
seat and back with contrasting ornate trim. Wheelchair space will be provided.
The bus stop shelter design has been revised as follows:
1. Telephones and water fountains are provided as optional amenities; and
2. A layered clay roof tile inset is proposed for the angled wall.
C. Architectural Design Guidelines
The design guidelines are intended to be used as a design aid by developers
proposing large commercial development along Highway 111. These Design
Guidelines have been revised as follows:
1. All should" have been changed to shall".
2. Other wording changed for clarity.
GATEWAY SIGN
Staff is recommending the separation of the City's two entry signs from the Design
Guidelines booklet as they are not a design guideline. This is due to the limited number
of signs and their inclusion in the Capital Improvement Projects. At the Council meeting,
staff will present a design rendering and site plan showing the location, size, and
landscaping for both the entry sign adjacent to Lumpy's in the Von's Shopping Center and
at the northeast corner of Jefferson Street and Highway 111
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ing -> 16iA A general description of the gateway signs is as follows: the size will be determined at a
later date. The monument sign will consist of a sand stone peach" color granite slab
attached on one side with a natural rock outcropping. The City seal is also proposed. The
copy will read City of La Quinta." A water feature is also proposed. The copy will consist
of torch burnt letterings on galvanized metal. Internal illumination is proposed.
FINDINGS AND ALTERNATIVES:
The following options are available to the City Council:
Architectural & Landscaping Design Guidelines:
1. Adopt the Landscape and Architectural Design Guidelines as submitted; or
2. Provide staff with direction.
City Entry Signs:
1. Adopt the two entry sign designs as submitted; or
2 Provide direction to staff
IiL? /6;?/bZ
Jerry Herman
Community Development Director
Attachments.
1 City Council Minutes of August 5,1997 excerpt)
2. Correspondence received regarding the Guidelines
3. Planning Commission Minutes of April 22,1997
4. Planning Commission Minutes of May 27,1997
5. City Council Minutes of February 25,1997
6. Design Guidelines
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ing -> 16iW AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of an appointment to the Chamber of PUBLIC HEARING:
Commerce Information Exchange Committee Bi-monthly
Workshop.
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None
BACKGROUND:
On November 1 5, 1 994, the City Council appointed Council Member Sniff, a Planning
Commissioner, and one staff member from the Community Development Department
to serve on the Committee. The Planning Commission representative has been the
Chairman of the Commission, Jacques Abels, however, since the election of Rich
Butler as the Chairman of the Planning Commission, he will now be considered the
Planning Commission representative. The Community Development Department
Director has attended the meetings as the Department representative.
In December of 1 996, the City Council decided to rotate the Council representative to
the Committee after every three 3) meetings. Council Member Henderson was
appointed at that time and has since attended three 3) meetings. Therefore, a new
member needs to be selected.
The next meeting of the Committee has been tentatively scheduled for Friday, October
24, 1 997 at the Highway 111 Chamber offices from 9:00 a.m. to 11:00 am.
P:\ccjh chamber reporlwpd
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ing -> 16iXOptions available to the City Council are:
1. Appoint a different Council Member as a representative to the Chamber of
Commerce Workshop nformation Exchange Committee.
2. Do not appoint a Council Member representative.
3. Reappoint Council Member Henderson as the new representative.
4. Continue this item for further consideration.
PAccjh chamber reportwpd
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ing -> 16iY AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: September 1 6, 1 997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of an Amendment to the La Quinta
Municipal Code Amending Title 2, Chapter 2.85, PUBLIC HEARING:
Regarding the Cultural Commission
RECOMMENDATION:
A.) Motion to take up Ordinance No. By Title and Number Only and Waive
Further Reading
B.) Motion to Introduce Ordinance No. On First Reading
FISCAL IMPLICATIONS:
None for the approval of the ordinance. Any fiscal impacts will be subsequently
considered separately by the City Council as part of the Cultural Commission's Annual
Work Plan and/or the annual budget process. There are no immediate fiscal impacts
associated with this action.
BACKGROUND AND OVERVIEW:
As an offshoot of the Cultural Commission's work on the Cultural Arts Master Plan
currently under development), the Commission determined that they would like to
review the ordinance establishing the Cultural Commission and outlining its purpose,
objectives, and duties.
The Commission reviewed the ordinance at the June 26th and August 28th Commission
meetings and recommends changes as outlined on the attached redlined copy of the
existing ordinance Attachment No.1). Basically, the changes broaden the scope of
the ordinance beyond the cultural arts to include all cultural activities and disciplines
e.g. including ethnic, institutional, or intellectual endeavors).
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ing -> 16iZFINDINGS AND ALTERNATIVES:
The Cultural Commission has reviewed the existing, enabling ordinance and has made
recommended changes for the Council's consideration.
The alternatives available to the Council include:
1. Approve Ordinance No. Amending the La Quinta Municipal Code Amending
Title 2, Chapters 2.85 regarding the Cultural Commission; or,
2. Do not Approve Ordinance No. Amending the La Quinta Municipal Code
Amending Title 2, Chapters 2.85 regarding the Cultural Commission; or,
3. Provide further direction to staff.
Mark Weiss, Assistant City Manager
Attachments:
1. Redlined version of La Quinta Municipal Code regarding the Cultural
Commission
C\MyD?t,\WPDoc?CITY COUMCIL\CCSTFF1 897??d
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4
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 1 6, 1 997
CONSENT CALENDAR:
ITEM TITLE:
Consideration of Selection of Council Member(s) STUDY SESSION:
to Serve as a Representative and Alternate for the PUBLIC HEARING:
League of California Cities Riverside Division
RECOMMENDATION:
Select Council Member(s) to serve as representative and alternate on the League of
California Cities Riverside Division.
FISCAL IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The Mayor and City Council received a letter dated July 2, 1 997 from the City of
Temecula requesting that the Council select a representative and an alternate to serve
on the League of California Cities Riverside Division Attachment No.1). The Council
considered the request as Written Correspondence at the July 1 5, 1 997 City Council
meeting and directed staff to provide additional information on the organization.
In accordance with that directive, staff contacted the League of California Cities
Southern California Office, the City of Temecula, and Joe Baker, former City Manager
of Burbank, now serving as a consultant to the League of California Cities. The
Riverside Division is one of eleven divisions that the League has in the state. Prior
to its formation, the Riverside Division was part of the Inland Empire Division. An
attempt to create a Riverside Division failed in 1 992 but was brought before the
League's annual conference again in October 1 995 at which time it was approved.
The Riverside Division's first director, Dick Kelly, took office in June 1996.
Therefore, the Riverside Division is now in its second year of existence. The purpose
of the Riverside Division is to bring legislation of regional and sub-regional issues to
the member cities in an effort to more closely interact with member cities. Major
accomplishments of the organization are limited by itS newness; however, some of
its accomplishments include establishing the leadership of the Riverside Division,
organizational activities, and legislative actions e.g. the library bill).
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ing -> 16ibThe Executive Committee meets bi-monthly and the alternate months are reserved for
the General Membership meetings. The Riverside Division endeavors to rotate the
location of the meetings between west and east County locations. The meetings are
held in the evenings generally 7:00 p.m.). The selections being sought by the
Riverside Division are for the General Membership meetings. The City has never
formally selected a representative or alternate to serve on the League's Riverside
Division although at least one Council Member has reported his attendance at one
or more meetings of the Riverside Division).
The City of Temecula provided the City with a list of the Executive Committee
members Attachment No.2) and a copy of the proposed constitution and by-laws
Attachment No.3) which provide further background information.
FINDINGS AND ALTERNATIVES:
The City of La Quinta is a member of the League of California Cities and the Riverside
Division. The City of Temecula has requested that the City of La Quinta select a
Council Member(s) to serve as a Representative and an Alternate on the League of
California Cities Riverside Division.
The alternatives available to the Council include:
1. Select a Council Member(s) to serve as a Representative and an Alternate on
the League of California Cities Riverside Division; or,
2. Take no action, or,
3. Provide further direction to staff.
Britt Wilson, Management Assistant
City Manager's Office
Attachments:
July 2, 1 997 City of Temecula letter
2. League of California Cities Riverside Division Executive Committee List
3. League Riverside Division Proposed Constitution and By-Laws
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ing -> 16io AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE:
Consideration of Commission Review of STUDY SESSION:
Community Services Grant Applications PUBLIC HEARING:
RECOMMENDATION:
Direct staff on which Commission(s) should review the Community Services Grant
Applications.
FISCAL IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The City Council adopted a process and application form for Community Services
Grants at the May 20, 1 997 Council meeting. In addition, the Council directed that
the appropriate commission? would review the grant applications submitted to the
City for funding. In accordance with Council direction from the May 20th Council
meeting, staff:
* Released the grant applications after adoption of the Fiscal Year 1 997-98
Budget on July 1 51h
* Issued a brief press release regarding the program;
* Mailed a grant announcement and application to organizations that had
requested grant funds during Fiscal Year 1 996-97 but were denied funding
due to lack of funds or other reasons. Attachment No.1 is a list of the
organizations that received grant application packages and their submittal
status.
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ing -> 16ipThe City received a total of twenty applications in response to this grant program.
Attachment No.2 is a table representing the applications received by the due date
of September 1, 19971. Complete copies of the Community Services Grant
Applications are available for viewing in the City Clerk's Office.
Staff is seeking direction from the Council on which commission(s) should review the
Community Services Grant applications. Attachment No.3 is a listing of all City
commissions including a listing of their general duties/responsibilities.
The Council may wish to consider the following points in its discussion of this matter:
1.) The Council budgeted $25,000 in the Special Project Contingency Account
fund for Fiscal Year 1997-98. The combined funding requests total
$85,084.50.
2.) Establishment of a funding cap and referral of all applications to a single
commission would allow for a review process similar to that provided
previously by the Cultural Commission on the contract" grants Disbursement
to multiple commissions may warrant the establishment of consistent review
criteria, time frames for review and multiple funding caps.
3.) Several school-related grant applications were submitted under this program
because they were not specifically prohibited from submitting grant requests
under the Community Services Grant Application process. Staff verbally
advised all school applicants that the City had established separate funding for
school" grants and indicated that it is conceivable that their requests would
be referred to the special School Grant Program. The Council may wish to
review these applications i.e. Truman PTO $2,500, La Quinta High School
Boosters $1,500) independent of the Community Services Grant program.
Also, the La Quinta High School Booster Club turned in their application one
day late September 3, 1997). If all school requests are referred to the School
Grant Program, the question of the application submittal may become a moot
point since the City has not established a deadline for submittals under the
School Grant Program. Otherwise, staff will look for direction from the Council
regarding any penalty for late submissions.
1Since September was a holiday, the City automatically extended the
deadline to 5:00p.m. on September 2, 1997.
2 90)0112
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ing -> 16iqFINDINGS AND ALTERNATIVES:
The Council has asked that the appropriate commission" review the Community
Services Grant applications and make funding recommendations to the City Council.
The alternatives available to the Council include:
1. Provide staff with direction on which commission(s) to refer the Community
Services Grant applications; or,
2. Provide further direction to staff.
2-
Mark Weiss, Assistant City Manager
Attachments:
1 Table of Organizations that were sent grant applications pursuant to
Council direction on May 20, 1 997
2. Table of Community Services Grant Application Funding Requests
* Received by City
3. Table of City commissions and general duties/responsibilities
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ing -> 16iw AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: September 1 6, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of an Amendment to the City
Council's Rules of Procedure PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At the Council meeting of August 5, 1 997, the City Council directed staff to prepare
a policy for Council consideration regarding prohibiting solicitation and campaign
activities in City Hall during business hours.
Staff has reviewed the Government and Municipal Codes in preparing this report.
Chapter 9.5 of the Government Code, entitled Political Activities of Public
Employees", contains restrictions upon candidates prohibiting their pledging to
influence an employee's position or compensation see Section 3204, Attachment 1),
and prohibiting the solicitation from employees of political funds or contributions see
Section 3205, Attachment 1). Section 3206 prohibits the participation in political
activity while in uniform and Section 3207 authorizes local agencies to further restrict
political activity during working hours.
Consistent with Government Code Section 3207, Section 1.50 of the City's recently
adopted Personnel Policies states:
No employee shall engage in political activity during working hours excluding
break time) or on City Premises where such activity would disrupt the
workplace. No employee shall engage in any type of activity relating to an
employee organization during such time an employee is on duty, except as
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ing -> 16ix expressly permitted by the City Manager, Federal or State law, Memorandum
of Understanding, or City Council directive.
The Municipal Code is silent on the matter.
The City Council has, by adoption of Resolution 96-26, enacted rules of procedure"
for council meetings and related functions and activities". Staff has drafted language
that the Council might consider for inclusion in its rules that parallel the Government
Code and Personnel rules. The draft language has been incorporated into the rules
in a red-lined version included as Attachment 2 to this report, and reads as follows:
1 0. Political Activities:
a) Council Members shall not use, or attempt to use, their position, office
or authority to influence, aid or obstruct any City employee from
securing any position, nomination, confirmation or promotion, or change
in compensation or position in the City upon consideration or condition
that the vote or political influence or action of such person or another
shall be given or used in behalf of, or withheld from, any candidate,
officer, or party, or upon any other corrupt condition or consideration.
This prohibition shall apply to urging or discouraging the individual
employee's action.
b) A Council Member or candidate shall not, directly or indirectly, solicit
political funds or contributions, knowingly, from other officers or
employees of the local agency or from persons on an employment list of
the City, with the knowledge that the person from whom the
contribution is solicited is an officer or employee of the City. This
section shall not prohibit the Council Member from requesting political
contributions from officers or employees of the City if the solicitation is
part of a solicitation made to a significant segment of the public which
may include officers or employees of the City.
c) No Council Member or candidate shall engage in political activity during
working hours in City offices or work areas where such activity would
disrupt the workplace. For purposes of this section, City offices or work
areas include the areas behind the public counters, but excludes the
Council Chambers and Council Member offices.
Section 10 c above has been written to roughly parallel Section 1.50 of the
City's Personnel Policies, referenced above, applicable to City employees. The
section attempts to honor First Amendment free speech rights and recognizes the
Civic Center as a public building with public gathering areas.
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ing -> 16iy In effect, this language, as drafted, would serve as a guide to sitting Council
Members and candidates. Employees could cite rules of procedure if confronted
by candidates to avoid being drawn into political activities. Violations of Section
3205 of the Government Code i.e., generally, Sections 10 a) and b), above) are
punishable as misdemeanors. The Council could, either as a supplement to the
above or as an alternative, request that language similar to 1 0 c be drafted and
incorporated into the Municipal Code and made punishable as a misdemeanor, as
well.
FINDINGS AND ALTERNATIVES:
Options available to the Council include:
1. Approve the Resolution amending the Council's Rules of Procedure; or
2. Approve the Resolution with alternative amendments; or
3. Direct staff to prepare a City Charter amendment including additional
restrictions on political activities would require a public vote); or
4. Direct staff to prepare an Ordinance amending the Municipal Code to
include additional restrictions on political activities; or
5. Defer action and rely upon existing Government and Municipal Codes for
regulation of political activities; or
6. Provide staff with alternative direction.
Mark Weiss
Assistant City Manager
o I
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AGENDA CATEGORY:
C?'rOF
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: September 16, 1997
CONSENT CALENDAR:
ITEM TIThE: STUDY SESSION:
Consideration of Appointment to the PUBLIC HEARING:
Palm Springs Regional Airport Commission
RECOMMENDATION:
Council's pleasure.
FISCAL IMPLICATIONS: None
BACKGROUND AND OVERVIEW:
On July 1 5tb, the City Council requested staff to advertise for letters of interest from
individuals interested in serving as the City's representative on the Palm Springs
Regional Airport Commission, as well as providing some background information on
the Commission. Tom Freeman has served in this capacity for the past three years
and was the City's first representative.
Attached is a copy of the membership roster and Palm Springs' Ordinance No.1512
which created this Commission.
While Mr. Freeman served a three-year term, Ms. Riddle, Aviation Director, has advised
that the term of a council-appointee can be determined by the individual Councils it
is not governed by their Ordinance No.1512.
The Commission meets the first and third Wednesday of each month at 8:00 am in the
airport conference room. The next meeting will be held on October 1, 1 997. There
is no compensation.
The Council has received five letters of interest for consideration for the Palm Springs
Regional Airport Commission. They are as follows:
O6O16?
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Richard Crissman
Dale Sullivan
R. Thomas Tom) Priestley
Robert Tyler
John Wagner
Each of the applicants have been contacted and advised of this meeting, however
Mr. Sullivan and Mr. Tyler will be away on vacation this week.
FINDINGS AND ALTERNATIVES
1. That the Council make an appointment to the Palm Springs Regional Airport
Commission; or
2. Provide staff direction.
AUNDRA L. JUH A, City Clerk
City of La Quinta, California
Ou0169
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0RDINANCE NO.307
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA APPROVING A ZONING ORDINANCE
AMENDMENT TO PROHIBIT INDEPENDENT USED VEHICLE
SALES, EXCLUDING NEW VEHICLE SALES WITH
ASSOCIATED USED VEHICLE SALES IN THE REGIONAL
COMMERCIAL DISTRICT, SECTION 9.80.040, TABLE 801 OF
THE MUNICIPAL CODE
ZONING ORDINANCE AMENDMENT 97-056
CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day
of August, 1997, continued from the 15th day of July, 1997, bold a duly noticed Public Hearing to
consider a Zoning Ordinance Amendment to prohibit used vehicle sales, excluding new vehicle sales
with associated used vehicle sales in the Regional Commercial District; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did, on
the 22nd day of July, 1997, continued from the 8th day of July, 1997, hold duly noticed Public
Hearing to consider the Zoning Ordinance Amendment for the prohibition of used vehicle sales
excluding new vehicle sales with associated used vehicle sales in the Regional Commercial District:
and,
WHEREAS, it has been determined due to their product advertising, display and
storage needs, have operational characteristics which are objectionable under certain conditions and
in certain locations; and,
WHEREAS, said used vehicle sales, excluding new vehicle sales with associated used
vehicle sales, if not appropriately sited or developed, negatively impact surrounding businesses and
residents; and,
WHEREAS, there is a deterioration in the quality of businesses which choose to
locate near used vehicle businesses not associated with new vehicle sales businesses; and,
WHEREAS, the City Council finds that such uses require special land use and
development consideration because of their unique operational and locational characteristics,
especially as they relate to Highway 111, a Primary Image Corridor; and,
WHEREAS,
the City Council desires to minimize and control these adverse impacts
and thereby protect the health, safety, and general welfare of the citizens, preserve quality of life,
preserve property values and the character of surrounding neighborhoods and business districts, and
deter the spread of urban blight; and,
c:BJs?oRDDRFTzcA97o56
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WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council did find the
following facts and reasons to justi? the recommendation for approval of said Zoning Ordinance
Amendment:
1. The proposed Zoning Ordinance Amendment will not adversely affect the development of
the areas as specified?by the General Plan for the City.
2. The proposed Zoning Ordinance Amendment will further the intent of the goals and policies
of the General Plan.
3. There will be no significant impacts from this Zoning Ordinance Amendment.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La
Quinta, California that it does ordain as follows:
SECTION 1. Section 9.80.040 Table 801 of the La Quinta Municipal Code is hereby
amended to prohibit independent used vehicle sales, excluding new vehicle sales with associated
vehicle sales in the Regional Commercial District attached hereto as Exhibit A".
SECTION 2. ENVIRONMENTAL. Said Zoning Ordinance Amendment request has been
determined to be exempt from the California Environmental Quality Act pursuant to Section 15061.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
30) days afier its adoption.
SECTION 4: POSTIING. The City Clerk shall certif? to the passage and adoption of this
Ordinance, and shall cause the same to be posted in at least three public places designated by
resolution of the City Council, and shall cause this Ordinance and its certification, together with
proof of posting, to be entered into the Book of Ordinances of this City.
The foregoing Ordinance was approved and adopted at a meeting of the City Council held
on this day of 1997, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
C:BJS\ORDDRFTZCA97O56
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BUSINESS SESSION
COUNCILIRDA MEETING DATE: SEPTEMBER 16, 1997
CONSENT CALENDAR
ITEM TITLE:
STUDY SESSION
Deniand Register Dated August 9, 1997 PUBLIC HEARING
RECOMMENDATION. Approve Demand Register Dated August 19, 997
BACKGROUND.
Prepaid Warrants:
300581 2,860.26
30059- 30092 146,659.42
30093-301031 13,701.30
30104-301071 6,400.30
30I08,? 2,125.00
301091 74,814.39
301101 1,750.00
Wire Transfi?rs? 3,422,351.36
PIR 16375-164471 79,357.85
PIR Tax Transfers 23,579.53 CITY DEMANDS $1,415,630.79
Payable Warrants:
30111 302311 I 064,762.19 RDA DEMANDS 3,422,730.81
$4,838,361.60 $4,838,361.60
FISCAL IMPLICATIONS:
Deniand of Cash City $1 415 630 79
John ctoI 000192
Fian?e
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BUSINESS SESSION
COUNCILIRDA MEETING DATE: SEPTEMBER 16, 1997
CONSENT CALENDAR
ITEM TITLE..
STUDY SESSION
Demand Register Dated September 2, 1 997 PUBLIC ItEARING
RECOMMENDATION.. Approve Demand Register Dated Septeniber 2, 1997
BACkGROUND:
Prepaid Warrants.
30232 30234t? 5,166.64
30?3i-30244? 13,161.71
30245 30246? 7,496.00
30247%? 375.00
30248 30250? 6,809.81
30251 30252? 7,000.00
Wire Transfers? 270,005.57
PIR I6448-I6523? 82,220.87
PIR Tax Transfers? 22,964.46 CITY DEMANDS $685,457.91
Payable Warrants..
30253 30352? 534,106.73 RDA DEMANDS 263,848.88
$949,306.79 $949,306.79
FISCAL IMPLICAJIONS:
Demand of h ity $685 457 91
4,',\A(
ohn Falconei i?anee Director OU022G
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AGENDA CATEGORY:
BUSINESS SESSION
COUNCILIRDA MEETING DATE: SEPTEMBER 16, 1997
CONSENT CALENDAR
ITEM TITLE:
STUDY SESSION
Demand Register Dated September 1 6, 1 997 PUBLIC HEARING
RECOMMENDATION: Approve Demand Register Dated Dated September 16, 1997
BACKGROUND:
Prepaid Warrants:
30353 30354 $201.50
30355 500.00
30356 30360 9,393.00
30361 30367 41,654.91
PIR 16524- 16593 77,723.28
PIR Tax Transfers 23,437.71
PIR PERS Transfers 15,913.87
PIR ICMA Transfers 4,093.00
City Demands $450,430.56
Payable Warrants:
30368 30447 298,921.92 RDA Demands 21,408.63
$471,839.19 $471,839.19
FISCAL IMPLICATIONS:
Demand of Cash City $450 430 56
000254
Joh M Falconer Finance Director
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BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Transmittal of Treasurer's Report
as of June30, 1997 and July31, 1997 PUBLICHEARING:
RECOMMENDATION:
Receive and file.
BACKGROUND AND OVERVIEW:
Transmittal of Treasurer's Report dated June 30, 1997 and July 31, 1997 for the City
of La Quinta.
FINDINGS AND ALTERNATIVES:
I certify that this report accurately reflects all pooled investments and is in compliance
with California Government Code Section 53645 as amended 1/1/86; and is in
conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds.
I hereby certify that sufficient investment liquidity and anticipated revenues are
available to meet next month's estimated expenditures.
Joh M. Falconer Finance Director
Ou0272
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BUSINESS SESSION:
COUNCIL?DA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE: STUDY SESSION:
Approval of Overnight Travel for the Building and Safety PUBLTC REARING:
Manager to Attend the Wo?d Structures II Evaluation of
Wind and Earthquake Forces" seminar at the Whittier
Hilton Hotel, Whittier, CA., October 6-7, 1997
RECOMMENDATION:
Approve the overnight travel for the Building and Safety Manager to attend the Wood
Structures II Evaluation of Wind and Earthquake Forces" seminar.
FISCAL IMPLICATIONS:
The costs associated with the attendance at the seminar will be funded through the
Building & Safety, Travel and Meeting fund, Account #101-351-637-000.
The breakdown of estimated expenditures for this seminar are as follows:
* Registration $ 210.00
* Lodging 75.00
* Meals 75.00
Total $ 360.00
BACKGROUND AND OVERVIEW:
The two-day seminar will concentrate on the provisions for wind and earthquake forces
and lateral force-bracing systems outlined in the 1 994 Uniform Building Code. The
training, sponsored by the International Conference of Building Officials, will benefit
the City by continuing employee education related to building issues. The seminar
information is attached Attachment 1).
FINDINGS AND ALTERNATIVES:
The alternatives available to the Council are:
1. Approve the overnight travel for the Building and Safety Manager to attend the
Wood Structures II, Evaluation of Wind and Earthquake Forces" seminar;
2. Deny the request for overnight travel.
I
I
Tom Hartung OOO3?6
Director of Building & Safety
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BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TIThE: STUDY SESSION:
Approval of Overnight Travel for the Community Services PUBLTC REARING:
Director, Recreation Supervisor and Senior Center Supervisor
and one Parks and Recreation Commissioner to Attend
the California Parks and Recreation Society Conference
in Long Beach, California, March 1 2 1 5, 1 998.
RECOMMENDATION:
Approve the overnight travel for the Community Services Director, Recreation
Supervisor, Senior Center Supervisor and one Parks & Recreation Commissioner to
attend the California Parks and Recreation Society Conference in Long Beach,
California, March 12 1 5, 1998.
FISCAL IMPLICATIONS:
The costs associated with the conference attendance for the Director, Recreation
Supervisor and one Parks & Recreation Commissioner are funded through the
Community Services Administration Travel, Training and Meetings Account # 101-
251-637-000. The costs associated with the conference attendance for the Senior
Center Supervisor is funded through the Senior Center Travel, Training and Meetings
Account # 101-202-637-000.
The breakdown of estimated expenditures for this conference per person are as
follows:
* Registration $169 Early bird rate)
* Meals $100
* Lodging $350
* Mileage $100
TOTAL: $719 per person
$719 x 4 people $2,876.00 total costs.
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ing -> 16i5BACKGROUND AND OVERVIEW:
The annual California Parks and Recreation Society CPRS) gathers parks and recreation
professionals and commissioners from all areas of the State of California to network and
share information on issues. Staff and commissioners receive information on current
federal, state and county policies, marketing strategies and programming trends.
The request for overnight travel is being considered in advance in an effort to take
advantage of an early bird registration special which would save the City of La Quinta up
to $50 per person if approved and processed prior to September 20, 1 997. CPRS has
granted the City of La Quinta an extended deadline for the early bird registration, see
attached registration advertisement Attachment 1).
FINDINGS AND ALTERNATIVES
The alternatives available to the City Council are:
1. Approve the request for overnight travel for t e community Services rector,
Recreation Supervisor, Senior Center Supervisor and one Parks & Recreation
Commissioner to attend the California Parks & Recreation Society Conference in
Long Beach, California, March 12 15, 1998.
2. Deny the request for overnight travel; or
3. Provide staff with further direction.
Tom Hartun
Interim Community Services Director
d?'?3'3)9
002
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BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1 997 CONSENT CALENDAR: 5
ITEM TITLE:
STUDY SESSION:
Denial of Claim for Damages Filed
by Lucas Coronel PUBLIC HEARING:
Date of Loss February 6, 1 997
RECOMMENDATION:
Deny the Claim for Damages filed by Lucas Coronel, date of loss February 6, 1 997.
FISCAL IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The attached claim Attachment #1) filed by Lucas Coronel, date of loss February 6,
1 997, was forwarded to the Coachella Valley Joint Powers Insurance Authority
CVJPIA). The CVJPIA, as indicated in Attachment 2, recommends that the City
Council deny the claim.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council are;
1. Reject the claim as recommended by the CVJPIA;
z;mlaim.
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BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 6, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Denial of Claim for Damages Filed
by Claire A. Grinde, PUBLIC HEARING:
Date of Loss July 8, 1997
RECOMMENDATION:
Deny the Claim for Damages filed by Claire A. Grinde, date of loss July 8, 1 997.
FISCAL IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The attached claim Attachment #1) filed by Claire A. Grinde, date of loss July
8,1 997, was forwarded to the California Joint Powers Insurance Authority CaIJPIA).
The CaIJPIA, as indicated in Attachment 2, recommends that the City Council deny
the claim.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council are;
1. Reject the claim as recommended by the CaIJPIA;
000321
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 1 6, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Denial of Claim for Damages Filed
by Frank Kittel, PUBLIC HEARING:
Date of Loss March 28, 1 997
RECOMMENDATION:
Deny the Claim for Damages filed by Frank Kittel, date of loss March 28, 1 997.
FISCAL IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The attached claim Attachment #1) filed by Frank Kittel, date of loss March 28,
1 997, was forwarded to the Coachella Valley Joint Powers Insurance Authority
CVJPIA). The CVJPIA, as indicated in Attachment 2, recommends that the City
Council deny the claim.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council are;
1. Reject the claim as recommended by the CVJPIA;
000325
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TIThE: STUDY SESSION:
Approval of Settlement and Release PUBLIC HEARING:
Agreements in the 0CM litigation
with the City of Vernon and the
School Board of Polk County, Florida
RECOMMENDATION:
Approval of the Settlement and Release Agreements based on Council's prior
settlement negotiation authorization.
FISCAL IMPLICATIONS:
The agreements total $26,000.
BACKGROUND AND OVERVIEW:
This matter concerns part of the liquidation of the Steven Wymer estate. The parties
concerned are described in the attached letters from Stradling, Yocca, Carlson &
Rauth. All of the settlements are within the settlement authority previously authorized
by Council in direction to Mr. Cannon of SYC&R.
FINDINGS AND ALTERNATIVES
1. Approval of the Settlement and Release Agreements.
City of La Quinta, California
u'?)O341
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\>w/)JTh? AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Approval of Fiscal Year 1 996/97
City of La Quinta Development PUBLIC HEARING:
Project Fee Report
RECOMMENDATION:
Approve the Fiscal Year 1 996197 City of La Quinta Development Project Fee Report
prepared in accordance with Government Code Section 66000.
FISCAL IMPACT:
The City must expend or commit developer fees from Infrastructure and Quimby Funds
within five years of their receipt and must be accounted for in a separate fund. Art in
Public Places fees must be expended or committed within two years and must be
accounted for in a separate fund.
BACKGROUND AND OVERVIEW:
The City of La Quinta has three developer project fees subject to the requirements of
Government Code Section 66000 Infrastructure, Art in Public Places, and Quimby
fees.
The major requirements that must be performed annually are as follows:
Section 66006(b) requires specific additional accounting information to be reported
each year for each fund as follows:
B)(1 For each separate account or fund established pursuant to subdivision a),
the local agency shall, within 1 80 days after the last day of each fiscal year,
make available to the public the following information for the fiscal year:
A) A brief description of the type of fee in the account or fund.
B) The amount of the fee.
C) The beginning and ending balance of the account or fund.
U:j0367
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ing -> 16ip D) The amount of fees collected and the interest earned.
E) An identification of each public improvement on which fees were
expended and the amount of the expenditures on each improvement,
including the total percentage of the cost of the public improvement that
was funded with fees.
F) An identification of an approximate date by which the construction of the
public improvement will commence if the local agency determines that
sufficient funds have been collected to complete financing on an
incomplete public improvement, as identified in paragraph 2) of
subdivision a) of Section 66001, and the public improvement remains
incomplete.
G) A description of each interfund transfer or loan made from the account
or fund, including the public improvement on which the transferred or
loaned fees will be expended, and, in the case of an interfund loan, the
date on which the loan will be repaid? and the rate of interest that the
account or fund will receive on the loan.
Staff has prepared the Report which provides an analysis of the Infrastructure, Art in
Public Places, and Quimby fees for FY 1 996/97 Attachment No.1).
FINDINGS AND ALTERNATIVES:
The City of La Quinta Infrastructure, Art in Public Places, and Quimby fee programs
meet the requirements of Government Code Section 66000 for FY 1 996/97.
$4
Jo n M Falconer, inance Director
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*
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE: Award a Contract to Construct the STUDY SESSION:
Avenue 48 at Washington Street Traffic Signal
Project 97-02 PUBLIC REARING:
RECOMMENDATION:
* Authorize an Additional Appropriation in the Amount of $42,000 from the City
Infrastructure Fund.
* Award a contract to Sierra Pacific Electrical Contracting, for Base Bid Items 1-
23 in the amount of $97,379.00, to Construct the Avenue 48 at Washington
Street Traffic Signal Improvement Project, Project No.97-02.
FISCAL IMPLICATIONS:
Funding and sources currently available for this project are as follows:
Fund Sources assigned to this project) Account No. AmQunt
Developer Contributions 401 000-480-000 $ 30,250.00
City Infrastructure Fund 401-000-493-000 $67.663.00
Total: $100,000.00
Less Prior Expenditures: $12.210.29
Remaining Available Funding: $ 87,789.71
Based on award of the project to Sierra Pacific Electrical Contracting, the following
summarizes the projects remaining fiscal commitments:
Construction $97,379.00
Inspection/Testing 4,200.00
Project Oversight/Administration 5,696.00
Traffic Signal Poles 10.054.00
TOTAL COMMITTED $117,329.00
Contingency 10%) 11.733.00
Total Required $129,062.00
o'?O374
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ing -> 16iwA difference in the amount of approximately $42,000.00 exists between the total
available and the total required funding. This funding shortfall is due to CVAG's
recent elimination of its Small Project Fund $50,000). This program was eliminated
by the executive director of CVAG because of regional arterial financial hardships.
The loss of this funding source was not conveyed to the City until after this project
was budgeted and approved by the City Council in the fiveyear CIP. The necessary
$42,000.00 can be funded by the City Infrastructure Fund.
BACKGROUND AND OVERVIEW:
On September 17, 1 996, the City Council authorized the execution of a Professional
Services Agreement with Berryman & Henigar, for the design services necessary to
develop this project.
On June 3, 1997, the Council approved the Plans and Specification and authorized
Staff to advertise and receive bids for the proposed improvement.
On August 28, 1 997, sealed bids were publicly opened and read for the construction
of the Avenue 48 at Washington Street Interchange. The following Table illustrates
the results of the bids received. A detailed Bid Summary Comparison is provided as
Attachment 1.
BIDDER BASE BID ADD/ALT BID TOTAL BID
Sierra Pacific $97,379.00 $7,300.00 $104,679.00
Macadee $98,975.00 $7,500.00 $106,475.00
Computer Services $105,968.30 $5,183.00 $111,151.30
DBX, Inc. $113,266.00 $2,000.00 $115,266.00
Highlight Electric $124,963.00 $8,450.00 $133,413.00
The additive alternate bid was for the purchase of a portable laptop type supervisor'
computer that would be used to remotely download and upload information to the
signal controller computer in the field. However, staff considers the contractors price
for this item to be excessive, and due to the budget constraints associated with the
loss of the CVAG Small Projects Funding, staff does not recommend the
Add/Alternate Bid item be awarded.
Considering an award date of September 1 6, 1 997, the following schedule represents
how the project would proceed:
Award Contract 09/16/97 fl
Notice to Proceed 09/26/97 U d 37
Construction Period 30 Consecutive Calendar Days) 09/29/97 10/28/97
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ing -> 16ixFINDINGS AND ALTERNATIVES:
Alternatives for the City Council to consider:
1. Authorize an Additional Appropriation in the Amount of $42,000 from the City
Infrastructure Fund; and
Award a contract to Sierra Pacific Electrical Contracting, for Base Contract Bid
Items 1-23 in the amount of $97,379.00, to Construct the Avenue 48 at
Washington Street Traffic Signal Improvement Project, Project No. 97-02.
2. Do not authorize an additiona appropriation in the amount of $42,000 from the
City Infrastructure Fund. Do not award a contract for Traffic Signal
Improvements at Avenue 48 and Washington Street, Project No.97-02. This
alternative will have the effect of delaying this project.
3. Provide staff with alternative direction.
Chris A. Vogt
Public Works Director/City Engineer
CAVIN N/as
Attachment 1- Bid Summary
0037G
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C
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE: Approve a Professional Services STUDY SESSION:
Agreement with Nickerson, Diercks & Associates to
Provide Staff Support for Fiscal Year 1 997/98 PUBLIC HEARING:
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with the
firm of Nickerson, Diercks & Associates, in an amount not to exceed $57,200, for
Fiscal Year 1997/1 998 capital improvement projects administrative support services.
FISCAL IMPLICATIONS:
Sufficient funding is available within the approved Public Works Capital Projects
budget account No.101-456-603-000) for Contract Services. The consultant will be
assigned to the following projects on an as needed" basis:
PROJECT ACCOUNT NO. AVAILABLE
BALANCE
Miles Avenue at Washington Street 401-631-901-000 $11,254
Community Drop Off Facility 401-637-901-000 $588
PM1O Improvements 401-633-901-000 $23,048
Washington Street/Avenue 48 Signal 401-634-901-000 $5,880
Dune Palms/Whitewater Crossing 401-641-901-000 $24,110
Various Citywide Landscape Improvements 401-627-901-000 $45,000
TOTAL $109,880
As illustrated, more than adequate funding is available to support Staff's
recommendation.
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ing -> 16i BACKGROUND AND OVERVIEW:
During the February 18,1997, City Council Meeting, the City Council authorized a
professional services agreement for the Fiscal Year 1996/97 with the firm of
Nickerson, Diercks & Associates for capital improvement project administrative
support services, in the amount of $23,740. This administrative support has been
very productive, and therefore staff seeked proposals for these services on an annual
basis renewable for up to 2 years. The professional services agreement will be on an
hourly basis with funding provided from the various CIP projects assigned to the
consultant.
On July 1, 1997, City Council authorized staff to seek professional services and to
begin the formal Request for Proposals" process. This action allowed staff to receive
proposals from qualified firms and authorized staff to negotiate terms of a
Professional Services Agreement with the most qualified firm, as determined by the
Consultant Selection Committee and subsequently be considered by the City Council
at a future date.
Typical services to be provided by Nickerson, Diercks & Associates, include, but are
not limited to:
* Prepare and submit necessary documents to, and coordinate with
various regional, county, state and federal funding agencies to acquire
and maintain funding approval.
* Preparation and tracking of project schedules.
* Preparation of necessary correspondence, reports, and memorandums
necessary to administer various City capital improvement projects.
* Assist with bidding procedures, prepare bid summary comparisons in a
table format, make recommendations for City Council consideration to
award Public Works contracts for construction.
* Prepare and conduct informal request for proposals to construction
support subconsultants, summarize proposals received and make
recommendation for award of Professional Services Agreements.
* Monitor and report on project(s) status; budget vs. actual expenditures;
contract time vs. actual time.
* As necessary, prepare Staff Reports for City Council and/or Planning
Commission consideration.
FINDINGS AND ALTERNATIVES:
In July 1997, Staff solicited proposals from engineering firms for qualified personnel
to perform CIP administrative support functions. The following firms responded:
OuO37?
002
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ing -> 16i * Nickerson, Diercks & Associates, Palm Springs
* Daniel, Mann, Johnson & Mendenhall
* Arrowhead Management Group
* Tn Lake Consultants
* Gafcon
* Allan Levin Associates
The Consultant Selection Committee" consisted of:
* Mark Weiss, Assistant City Manager
* John Freeland, Senior Engineer
* Steve Speer, Senior Engineer
* James Lindsey, Assistant Engineer I
On September 8, 1997, the Consultant Selection Committee' conducted interviews
with the three most qualified firms of:
* Nickerson, Diercks & Associates, Palm Springs
* Daniel, Mann, Johnson & Mendenhall
* Arrowhead Management Group
Based upon the strength of their interview, the Consultant Selection Committee
recommended the firm of Nickerson, Diercks & Associates. Staff negotiated an
hourly rate of $65 with this firm. Based on this hourly rate the consultant would
expend a maximum of 880 hours in the performance of this contract. This is an
acceptable average of 21.46 hours per week through the remaining fiscal year, and
is within the previously approved budget.
Alternatives for the City Council to consider;
1. Authorize the City Manager to execute a Professional Services Agreement with
the firm of, Nickerson, Diercks & Associates, in an amount not to exceed
$57,200, for Fiscal Year 1997/1998 capital improvement projects
administrative support services.
2. Do not authorize the City Manager to execute a Professional Services
Agreement with the firm of Nickerson, Diercks & Associates to provide Staff
Support Services for Fiscal Year 1 997/98. This alternative may have the affect
of delaying the completion of future and pending CIP projects.
3 Provide staff with additional or alternative direction.
O3??
Chris A Vogt?
Public Works Director/City Engineer 003
F \PWDEPT COUFCIL 1??7 O?16, Fd
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ing -> 16i AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE: Acceptance of Improvements Within STUDY SESSION:
Project No. 96-01, Jefferson Street Resurfacing
Project PUBLIC HEARING:
RECOMMENDATION:
* Accept Project No. 96-01, Jefferson Street Resurfacing Project as 100%
complete, as of July 30, 1997;
* Authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and
* Authorize staff to assess $500 in liquidated damages for late completion and
release retention in the amount of $13,471.49, 35 days after recordation of
the Notice of Completion.
FISCAL IMPLICATIONS:
Adequate funds are available to pay the retention and close out this project.
BACKGROUND AND OVERVIEW:
During the May 20, 1 997 City Council Meeting, the City Council awarded Contract
No.96-01, Jefferson Street Resurfacing Project, Federal Aid Project No. STPL 5433
001), to the Granite Construction Company. Granite Construction was the lowest
responsible bidder with a bid in the amount of $150,473.00.
The Project's Notice to Proceed was issued on June 25, 1 997, with the first contract
day being Monday, June 30, 1997. Based upon the stipulated 30 consecutive day
length of construction, all contract work should have been completed on or before
July 29, 1997. The project was determined to be 100% complete on July 30, 1997.
Therefore, in accordance with Section 1400 General Conditions, paragraph 6.5,
Liquidated Damages", the City is entitled to $500.00 per day for the additional
construction day, resulting in a reduction of $500.00 from the retention amount.
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ing -> 16iFINDINGS AND ALTERNATIVES:
The project is now deemed to be 100% complete, and in compliance with the plans
and specifications. Prior to filing the Notice of Completion, staff must receive
authorization from the City Council to approve this project as 100% complete and
authorize the City Clerk to file a Notice of Completion.
A final accounting of this Contract is as follows:
Original Bid $150,473.00
SUBTOTAL: $150,473.00
Quantity Variation: $10,758.15)
TOTAL: $139,714.85
Amount Paid to Date $125,743.37)
Less $500. Liquidated Damages $500.00)
RETENTION TO BE RELEASED $13,471.49
Alternatives for the City Council to consider:
1. Accept Project No. 96-01, Jefferson Street Resurfacing Project as 100%
complete, as of July 30, 1997;
Authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and
Authorize staff to assess $500 in liquidated damages for late completion and
release retention in the amount of $13,471.49, 35 days after recordation of the
Notice of Completion
2. Provide staff with alternative direction.
Chris A. Vogt
Public Works Director/City Engineer
CAV/nn
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ing -> 16i AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September16, 1997
CONSENT CALENDAR:
ITEM TITLE:
Adoption of a Street Closure Permit for the Mainstreet STUDY SESSION:
Marketplace events planned in 1 997 on Calle Estado PUBLIC HEARING:
between Desert Club Drive and Avenida Bermudas
according to Conditions for Temporary Use Permit 97-
144. Applicant: La Quinta Chamber of Commerce
RECOMMENDATION.
Adopt Council Resolution approving the temporary closure of Calle Estado between
Avenida Bermudas and Desert Club Drive for two Mainstreet Marketplace events in
calendar year 1997.
FISCAL IMPLICATIONS: None
BACKGROUND AND OVERVIEW:
The La Quinta Chamber of Commerce has applied to hold their outdoor street fair on
Calle Estado between Avenida Bermudas and Desert Club Drive during the hours of 6:00
P.M. to 10:00 P.M. on the first Friday of the month in November and December, 1 997.
On August 26, 1 997, staff approved the Chamber?s Temporary Use Permit, subject to
Conditions. Since the Chamber will hold the special outdoor event within the City's
public right-of-way, the applicant is required to obtain approval from the City Council to
close Calle Estado according to Chapter 12.32 Parking) of the Municipal Code. A letter
from the Chamber of Commerce requesting the street closure is attached Attachment
1).
The City Council is requested to authorize the temporary street closure by adopting the
attached Resolution. The Resolution instructs the City?s Traffic Engineer, or his
designee, to issue an Encroachment Permit to the Chamber of Commerce provided traffic
safety measures are employed for each event Chapter 14.16). This may include traffic
barricades, no parking" signs, and other traffic safety measures necessary to protect
the vendors and guests of the outdoor venue Chapter 12.16, Traffic-Control Devices).
If these safety standards are not met, City staff or other safety personnel can stop the
event from occurring or delay its opening until appropriate safety measures are provided.
Traffic and parking restrictions are recommended between the hours of 5:00 P.M. and
11:00 P.M. to permit exhibitors time to install and remove their portable displays and
clean the area for traffic reuse.
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ing -> 16iThe adjoining businesses are aware of this seasonal event and actively participate to
make the event successful. The Chamber has been very cooperative in the past and
abide by all City rules and regulations. The Riverside County Sheriff?s Department
personnel will be on hand to ensure that no problems arise.
FINDINGS AND ALTERNATIVES:
The findings for approval are:
1. The temporary street closure is allowed based on Chapter 12.32.080 D of the
Municipal Code which permits the Council, by Resolution, to designate no parking"
areas by signing or applying red paint to the street curbing. The posting of no
parking" signs and installation of traffic barricades in all areas necessary to ensure
traffic safety as required by the Public Works Department, shall be completed unless
other arrangements are made with the Public Works Director.
2. The temporary street closure will have minor impacts on the area because other
streets adjoining the site are available to provide access to the immediate neighbors
and the street closure involves the businesses along Calle Estado. The affected
property owners will be notified of the upcoming event pursuant to Condition No.
4 of Temporary Use Permit 97-1 44.
3. The City Council can grant an encroachment permit to allow activities on public
streets for specific periods if legitimate reasons can be found to allow the closure
and safety standards Chapter 12.16 of the Municipal Code, Traffic-Control Devices)
are provided, such as traffic barricades and no parking" signs to ensure that the
public is not at risk while attending the event.
4. Approval of the temporary street closure will not create conditions that may threaten
the public health and safety needs of the community at the various events because
specific conditions will be imposed and shall be met.
The alternatives available to the City Council are:
1. Approve the Chamber's request to close Calle Estado between Avenida Bermudas
and Desert Club Drive for two Mainstreet Marketplace events in calendar year 1 997;
or,
2. Deny the request because it will negatively impact the downtown property owners
and business 5.
OOC)384
1. Letter from the Chamber of Commerce ot?2
C?M'97- 144/Il, RF.?OCCTTW 14419
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?RDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE: Approval of the Award of a Contract for STUDY SESSION:
Ultimate Design of the Jefferson Street Corridor,
from Avenue 54to Indio Blvd., to the firm of Robert PUBLIC HEARING:
Bein, William Frost and Associates
RECOMMENDATION:
Approve a professional services agreement with the firm of Robert Bein, William Frost
and Associates in the amount of $472,510 for preliminary engineering for the ultimate
design of Jefferson Street from Avenue 54 to lndio Boulevard
FISCAL IMPLICATIONS:
The negotiated cost for the Preliminary Design is $472,510. The cost allocation is
as follows:
Preliminary Design $472,510
City of La Quinta Administrative Costs $78.260
TOTAL COST FOR PHASE I $550,770
Under this Agreement, CVAG will provide 100% of the funding. The Reimbursement
from the jurisdictions will take place prior to completion of project construction The
jurisdiction reimbursement will be further clarified as part of the construction
reimbursement agreement and MOU that will be developed in the future. CVAG is
utilizing Measure A" funding for half of the total cost of the project. The other half
will be calculated based on the percentage of improvements within each agency
jurisdiction. According to the Reimbursement Agreement and Memorandum of
Understanding, each jurisdiction must identify and budget its share of funding prior
to commencement of construction.
BACKGROUND AND OVERVIEW:
In November of 1988, the voting public of Riverside County approved Measure A"
as a financing measure for Highway projects. One of the projects identified to receive
Measure A? funding was the ultimate improvements of Jefferson Street from Avenue
54 to Indlo Boulevard. This includes one bridge in the City of lndio and one bridge
and a low water crossing in the City of La Quinta. CVAG, by agreement with its
member agencies, and with Riverside County Transportation Commission RCTC), has
been designated as the agency through which funds are to be conveyed and
disbursed for the purpose of completing regional transportation projects.
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ing -> 16iDuring the March 18, 1997 City Council meeting, the City Council approved a
Reimbursement Agreement and Memorandum of Understanding between the City of
La Quinta, the City of lndio, the County of Riverside and the Coachella Valley
Association of Governments. According to the MOU, CVAG has agreed to pay the
Administrative Costs to the City of La Quinta in the estimated amount of $78,260 for
administering the project.
The MOU identifies the City of La Quinta as the lead agency and the City of Indio and
County of Riverside as the cooperating agencies. CVAG has placed $600,000 into
a trust account that will be disbursed solely at the discretion of the City of La Quinta.
The City of La Quinta will direct the consultant and provide details of all invoices to
CVAG on a monthly basis in order to assure adherence to the contract and provisions
of the MOU. Any amendments to the contract must be approved by the City of La
Quinta, City of Indio, CVAG, and the County of Riverside prior to implementation.
FINDINGS AND ALTERNATIVES:
CVAG advertised for preliminary engineering and design proposals and received
responses from;
The Keith Companies
UMA Engineering Inc.
Robert Bein, William Frost & Associates
CH2MHILL
Berryman & Henigar
After evaluation of proposals, and interviews of the most qualified firms by the
involved agencies, the firm of Robert Bein, William Frost & Associates RBF) was
acknowledged as the most qualified.
Representatives of the City of La Quinta, CVAG, and the City of Indio negotiated the
scope of services and compensation rates with representatives of RBF. The
negotiations were based on actual salaries, overhead, and profit. Thus, providing the
lowest cost for this contract without compromising the actual scope of services.
The original estimate for the preliminary and final design was $600,000. The actual
proposal for the preliminary and final design exceeded $1,200,000. Due to the
availability of funding, it was decided that Phase I, Preliminary Engineering Services,
would be awarded. This will provide Environmental Documentation and Reports,
researching alternative financing mechanisms, establish preliminary right-of-way
requirements, coordination and notification of utility companies, a hydrology and
hydraulics report, geotechnical report, traffic engineering analysis, preliminary
alignment plan, White Water River low water crossing, bridge structure study,
preliminary landscape concept, preliminary cost estimates, preliminary engineering
report, project coordination meetings and presentations, and agency reviews. During
the preliminary phase of this project, CVAG and City staff will attempt to identify
F\?WDEPT\COUNCIL\1997\97O916?.?pd 002
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ing -> 16i additional funding to complete the final design. Under this contract, RBF will be
provided the opportunity to negotiate Phase II, which is the final design. If the
funding sources are available and negotiations are unsuccessful, Phase II will be
readvertised.
Alternatives for the City Council to consider:
1 Approve a professional services agreement with the firm of Robert Bein,
William Frost and Associates in the amount of $472,510 for preliminary
engineering for the ultimate design of Jefferson Street from Avenue 54 to Indio
Boulevard.
2. Do not approve a professional services agreement with the firm of Robert Bein,
William Frost and Associates for preliminary engineering for the ultimate design
of Jefferson Street from Avenue 54 to lndio Boulevard.
3. Provide staff with alternative direction.
Chris A. Vogt
Public Works Director/City Engineer
CAV/JMF/as
003
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ing -> 16i AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE: Consider Award of a Contract for Field STUDY SESSION:
Survey Services to Coachella Valley Engineers to
support PM- 10 Street Improvements PUBLIC HEARING:
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with the
firm of Coachella Valley Engineers in the amount of $15,000, for field survey services
to support PM-b Street Improvements.
FISCAL IMPLICATIONS:
Sufficient funding is available within the approved Capital Improvement project
budget.
PROJECT ACCOUNT NO. AVAILABLE BALANCE
PM-i 0 Street Improvements 401-633-901-000 $39,200
As illustrated, more than adequate funding is available to support Staff's
recommendation.
BACKGROUND AND OVERVIEW:
On May 6, 1997, the City Council approved plans and specifications for PM-b Street
Improvements, Project 97-01 and authorized staff to advertise the project for bids.
On May 20, 1997, the City Council authorized staff to receive bids for the Calle
Tampico Bicycle and Pedestrian Safe Route Project, Project 97-04.
On June 17, 1997, the City Council rejected the Contreras Company's bid of
$114,426.75 as non-competitive and authorized staff to incorporate the project into
the PM-b Street Improvements Project in order to obtain a more competitive bid by
attracting more contractors with the larger project.
OOD4?7
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ing -> 16iOn August 5, 1997, the City Council awarded a contract to Riverside Construction
Company, in the amount of $720,375.00, to construct improvements within the PM-
10 Street Improvements Project Area including Calle Tampico Sidewalk
Improvements, Project 97-01/97-04.
Staff sought informal competitive bids to perform field surveying from the following:
Coachella Valley Engineers $15,000
Tn State Surveyors $18,960
Berryman & Henigar Consultants $24,908
FINDINGS AND ALTERNATIVES:
Coachella Valley Engineers has proposed qualified personnel to perform field survey
services that exceeds the City's service requirements.
Alternatives for the City Council to consider:
1. Authorize the City Manager to execute a Professional Services Agreement with
the firm of Coachella Valley Engineers in the amount of $15,000 to provide
field survey services to support PM-b Street Improvements.
2. Do not authorize the City Manager to execute a Professional Services
Agreement with the firm of Coachella Valley Engineers for field survey services
to support PM-b Street Improvements. This alternative may have the affect
of delaying the completion of the PM-b Street Improvement project.
3. Provide alternative direction.
Chris A. Vog
Public Works Director/City Engineer
CAVIJL/as
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ing -> 16i AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Approval of a Contract for Custodian
Services with Bank of New York Western PUBLIC HEARING:
Trust Company
RECOMMENDATION:
Approve the Contract for Custodian Services with Bank of New York Western Trust
Company.
FISCAL IMPACT:
No increase. The average monthly fee is approximately $200.00
BACKGROUND AND OVERVIEW:
First Interstate Bank was originally the City Custodian which sold its operations to
Wells Fargo Bank as part of their merger. Wells Fargo has made the business decision
to sell their custodian operations to Bank of New York Western Trust Company, a
subsidiary of the Bank of New York.
Staff has received the latest audited financial statements and internal control letter of
the proposed custodian and has brought this item before the Investment Advisory
Board at their September 10, 1 997 meeting. The Investment Advisory Board approved
the transfer by a 4-1-1-1 4 Ayes, 1 No, 1 Absent, & 1 Vacancy) vote.
The Bank of New York Western Trust company has provided the City with the legal
form to assign the current custodian agreement to them which has been reviewed by
the City Attorney. The assignment form and custodian agreement have been attached
Attachment No.1).
000425
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ing -> 16iFINDINGS AND ALTERNATIVES:
Findings and alternatives available to the City Council include:
1. Approve a contract for custodian services with Bank of New York Western
Trust Company;
2. Do not approve the contract for custodian services with Bank of New York
Western Trust Company;
3. Provide Staff with further direction.
u?u'42(3
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ing -> 16i DEPARTMENT REPORTS: A- I
z
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager?%)
DATE: September 1 6, 1 997
RE: Department Report-Response(s) to Public Comment
The following are responses to public comments made at the August 5, 1 997 City
Council meeting:
1. Mr. Chuck Cervello, Council Member City of Indic, spoke regarding the Auto
Mall(s).
* No response necessary.
2. Ms. Audrey Ostrowsky spoke regarding the budget and its relationship to street
improvements.
* Staff sent a letter to Ms. Ostrowsky outlining the appropriation of
$150,000 in the 1997-98 Fiscal Year Budget for infrastructure
improvements in the Cove and Downtown area. Ms. Ostrowsky was
also informed again regarding the Village Specific Plan which is currently
undergoing review and her ability to provide comments as part of that
process.
3. Mr. Robert Tyler spoke regarding signage for vehicles entering Calle Tampico
from the Senior Center.
Staff installed a ONE WAysign on Calle Tampico on August 8th and sent
a letter to Mr. Tyler advising him of the installation.
MEMOCCPUELIC1 5.97.vvpd
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ing -> 16i DEPARTMENT REPORTS: A
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager
DATE: September 1 6, 1 997
RE: City Manager Department Report Transmittal of List of
Tentative Agenda Items for September 23, 1997, City
Council Study Session, 1:30p.m.
The items to be placed on the agenda for the Council Meeting Study
Session scheduled for September 23, 1997, 1:30 p.m., include the
following:
* Catellus Residential Group Presentation of Alternative Design for
the Project at 48th and Jefferson
* Discussion Regarding Housing Programs
* Discussion of Library
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ing -> 16i DEPARTMENT REPORTS: b-(
0
0
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Tom Hartung, Director of Building & Safety
DATE: September 1 6, 1 997
RE: Department Monthly Report July and August
Attached please find the statistical summaries for building permits, Animal Control,
Code Compliance, and business licenses for the months of July and August. The
reports depict the following highlights:
* Year to date building permit valuation is $68,463,157 which represents an
issuance of 979 building permits through August.
* 1 256 animal control cases have been handled through August;
* 1 064 code compliance cases have been initiated through August;
* 44 new business licenses were issued in July; and
* 37 new business licenses were issued in August.
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ing -> 16i DEPARTMENT REPORTS:
ThiAy'o?4?a4d?i
%?
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Marni Francisco, Recreation Supervisorjj
VIA: Tom Hartung, Building & Safety Director
DATE: September 1 6, 1 997
SUBJECT: Transmittal of Community Services Department Report for the Month
of July 1997
UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH O?
SEPTEMBER 1997:
Sept 3 Community Garden Meeting, Sr. Center
Sept 4 Informational Meeting for Adult Soccer League, Civic Center
Sept 5 La Quinta Raceway, Remote Control Races, Sports Complex
Sept 6 La Quinta Summer Golf Tour Awards Banquet, Indian Wells Country Club
Sept 11 Healthy Cooking Class, Sr. Center
Sept 11 Friends of the La Ouinta Senior Center Meeting, Sr. Center
Sept 1 5 Registration Deadline for all Fall 1 997 Adult Sport Leagues
Sept 1 5 Evening Enrichment Classes Begin, La Quinta High School
Sept 1 6 Congressman Sonny Bono's Mobile Office, Sr. Center
Sept 1 6 Free Hearing Consultation with Scott Crofut of Miracle Ear, Sr. Center
Sept 1 7 Community Garden Meeting, Sr. Center
Sept 1 8 Mexican Independence Day Fiesta Luncheon, Sr. Center
Sept 1 8 Afterschool Instructors Training Program, Civic Center
Sept 1 8 Mandatory Managers Meeting, Volleyball & Basketball, Civic Center
Sept 1 9 NFL Gatorade Punt, Pass & Kick, Local Competition, Sports Complex
Sept 21 Adult Soccer League Fall Season Begins, La Quinta High School
Sept 22 Afterschool Class Program Begins, Adams Elementary, Truman Elementary &
La Quinta Middle School
Sept 22 Men's Basketball Fall Season Begins, La Quinta Boys & Girls Club
Sept 23 Adult Co-ed Volleyball Fall Season Begins, La Quinta Boys & Girls Club
Sept 24 AARP Mature Driving Course, Sr. Center
Sept 25 AARP Mature Driving Course, Sr. Center
Sept 29 Off Road Radio Control Races, Annual Championship, Sports Complex
OUO46j?
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Transmittal of Revenue and
Expenditures Report dated PUBLIC HEARING:
June30, 1997 and July31, 1997
RECOMMENDATION:
Receive and File
BACKGROUND AND OVERVIEW:
Transmittal of the June 30, 1997 and July 31, 1997 Statement of Revenue and
Expenditures for the City of La Quinta.
\(YA?
Jo n M. Falconer, Finance Director
000473
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ing -> 16i DEPARTMENT REPORTS:
TO: The Honorable Mayor and Members of the City Council
FROM: Chris A. Vogt, Public Works Director/City Engineer
DATE: September 16, 1997
SUBJECT: Transmittal of Public Works/Engineering Department Report for the
Month of July 1997.
Attached please find the following:
* Status of Dune Palms Road/White Water River Crossing
* Summary of Citizen Request reports received;
* Summary of Graffiti reports received;
* Plan Check Applications received;
* Encroachment Permits received;
* List of Capital Improvement Project status;
* Maintenance Report.
Chris A. Vog
Public Works Director/City Engineer OOO187
F?pVVD?pT\CQUNC?L\1 9?7\97OSdept.?pd
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ing -> 16i DEPARTMENT REPORTS:
TO: The Honorable Mayor and Members of the City Council
FROM: Captain Ron
DATh: Septeinber 16, 1997
RE: Department Report Activity Report for the Fourth Quarter Fiscal Year
1996/97
I have completed a statistical analysis of police activity for the fourth quarter of Fiscal Year
1996/97. Indicated below are several areas from the study.
The fourth quarter activity report indicates that total called for services have increased
+84) significantly from the fourth quarter of last fiscal year From 3383 to 3467).
Areas showing increases over last year were Aggravated Assault +5), Arson +2),
Disturbances +17) and Non-Criminal Calls +145).
However, the total for criminal calls for service for the quarter has decreased 5).
Part I crimes homicide, robbery, rape, aggravated assault, burglary, auto theft, grand theft
and arson) actually decreased from 188 to 164 24) for the quarter. Burglaries have
decreased 1) from 80 to 79. Grand Theft has shown a significant 25) change from the
Fourth Quarter of last year From 62 to 37).
Fourth Quarter 95/96 96/97 Change
Homicide 0 0 0
Robbery 3 2
Rape 0 0 0
Aggravated Assault 21 26 +5
Burglary 80 79 1
GrandTheft 62 37 25
Auto Theft 20 18 2
Arson I 3 +2
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ing -> 16iDuring the fourth quarter, the number of traffic COlliSiOflS increased ftom 63 to 80 with no fatal
collisions recorded.
We will continue to make every effort to keep the city manager and staff appraised of trends or
projections that may require additional enforcement action.
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ing -> 16i AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16,1997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Weed Abatement\Lot Cleaning PUBLIC HEARING:
Assessments for Placement On
1998199 Property Tax Roll
RECOMMENDATION:
Following public comment and close of public hearing, it is recommended that the City
Council take the following action: Adopt the proposed Resolution, approving and
adopting the Resolution to place the cost of cleaning said lots on the 1998/99 Property
Tax RoIl.
FISCAL IMPLICATIONS: None
BACKGROUND AND OVERVIEW:
The purpose of this hearing is to provide the City Council the opportunity to hear and
consider all public objections and protests if any, to the report filed with the City Council
containing a description of each real property parcel cleared or cleaned by the City of La
Quinta.
Notices of tonight's public hearing were sent to the property owners, advising them of
the hearing date. No written communications have been received regarding this matter.
FINDINGS AND ALTERNATIVES:
1. Adopt the proposed Resolution
2. Do not adopt the proposed Resolution.
Tom Hartung
Building and Safety Department
000598
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: September 16, 1 997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Approval of Environmental Assessment 97-343,
General Plan Amendment 97-054, Zone Change 97- PUBLIC HEARING:
083, Specific Plan 1 21 E, Amendment #4, Tentative
Tract 28545, Site Development Permits 97-607 and
97-608, and Certificate of Appropriateness 97-003
Applicant: KSL Recreation Corporation and its
Assigns and various subsidiaries)
RECOMMENDATION:
1. Adopt City Council Resolution certifying a Mitigated Negative Declaration of
Environmental Impact for Environmental Assessment 97-343;
2. Adopt City Council Resolution approving General Plan Amendment 97-054;
3 Move to take up Ordinance No. by title and number only and waive further
reading for Change of Zone 97-083.
Move to introduce Ordinance No. on first reading for Zone Change 97-083;
4. Adopt City Council Resolution approving Specific Plan 121 E, Amendment #4,
subject to conditions;
5. Adopt City Council Resolution approving Tentative Tract 28545, subject to
conditions;
6. Adopt City Council Resolution approving Site Development Permit 97-607,
allowing construction of 11 9 residential specific plan units and a health spa,
subject to conditions;
7. Adopt City Council Resolution approving Site Development Permit 97-608,
allowing construction of an employee parking lot, subject to conditions;
8. Adopt City Council Resolution approving Certificate of Appropriateness 97-003,
which ensures that the proposed construction is appropriate for the existing
historic structures, subject to conditions;
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ing -> 16iFISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
PREVIOUS CITY COUNCIL REVIEWS:
The City Council reviewed this request at its meetings of July 1 5, and August 5,
1 997. The City Council continued the request to this meeting and instructed the
applicant to restudy the proposal to address the concerns raised by the surrounding
neighbors.
REVISED PLAN:
For the August 5, 1997, City Council meeting, the applicant revised the proposal for
Site Development Permit 97-608 pertaining to the golf course/hotel maintenance
facility and employee parking lot The maintenance facility was deleted from the
proposal. A smaller employee parking lot reduced from 292 to 244 spaces was
proposed on the south side of 501h Avenue, east of Eisenhower Drive. At the meeting
the applicant presented a further revision by moving the parking lot to the west and
south, in the center of the golf course, with access only to Eisenhower Drive. The site
of the prior parking lot is now shown as low density residential 2-4 dwellings per
acre), along with the adjacent areas.
Minor changes have been made to the spa and 11 9 unit residential specific plan units
as follows:
1. The spa has been reversed in a north-south direction and moved slightly further
to the north.
2. The Avenida Obregon cul-de-sac turnaround that has access from Avenida
Fernando, in front of the spa has been modified to provide a drop off area for
the spa and better access to the southernmost residential specific plan unit
parking lot.
3. One residential specific plan unit cluster and half cluster have been reversed in
a east-west direction.
002
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ing -> 16i NEW INFORMATION:
As a result of the August 5, 1997, meeting, the applicant has submitted the following:
1. A revised traffic study adding an analysis of vehicle stacking at the Calle
Mazatlan and Avenida Fernando entry gates, with mitigation measures including
recommended changes in gate operating procedures.
The traffic engineer has submitted a clarification to the study stating that for
the 11 9 unit residential specific plan project, no vehicular traffic is proposed to
utilize the south leg of Avenida Obregon, which is gated for emergency-only"
and pedestrian use Attachment 1).
2. An air quality analysis for the proposed construction with mitigation measures.
3. Supplemental noise assessments for 1) Calle Mazatlan, immediately west of the
entry gate at Eisenhower Drive and, 2) Avenida Fernando, between Eisenhower
Drive and Avenida Obregon that analyzes projected peak season daily traffic
volumes on those street sections.
4. An updated Specific Plan text to reflect the currently proposed project, including
the reduction of Tourist Commercial Residential Specific Plan) uses along 50th
Avenue.
PLANNING COMMISSION REVIEW:
The Planning Commission is scheduled to review the revised plans employee parking
lot, revised General Plan and Zone Change) at a special meeting scheduled for
September 1 5, 1 997. Staff will provide to the City Council, a verbal presentation of
the Planning Commissions action.
PROJECT REQUEST:
The specific request of the applicant is as follows:
1. Approval of Environmental Assessment 97-343, certifying a Mitigated Negative
Declaration of Environmental Impact see EA Resolution for Environmental
information).
2. Approval of General Plan Amendment from MDR Medium Density Residential
003
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ing -> 16i 4-8 du. per acre) to TC RSP) Tourist Commercial with a Residential Specific
Plan overlay) for property located between Avenida Obregon and Calle
Mazatlan, south of the La Quinta Tennis Club, and from LDR Low Density
Residential 24 d.u. per acre) to TC RSP) Tourist Commercial with a Residential
Specific Plan overlay) for 6.3 acres located approximately 220 feet south of 50th
Avenue and 240 feet east of Eisenhower Drive.
3. Approval of a Change of Zone from RM Medium Density Residential 4-8 d.u.
per acre) to TC RSP) Tourist Commercial with a Residential Specific Plan
overlay) for property located between Avenida Obregon and Calle Mazatlan,
south of the La Quinta Tennis Club, and from RL Low Density Residential 2-4
d.u. per acre) to TC RSP) Tourist Commercial with a Residential Specific Plan
overlay for 6.3 acres located approximately 220 feet south of 5Qth Avenue and
240 feet south of Eisenhower Drive.
4. Approval of Amendment #4 to Specific Plan 1 21 E to update the plan and allow
new development and uses for the area comprising the La Quinta Resort, Santa
Rosa Cove, La Quinta Resort Golf Course, abutting tracts, and the southeast
corner of 50th Avenue and Eisenhower Drive.
5. Approval of Tentative Tract Map to divide approximately 62.5 acres into 1 34
lots for the area encompassing the La Quinta Resort and Club, located generally
west of Eisenhower Drive and south of Avenida Fernando.
6. Approval of Site Development Permit 97-607 to allow removal of seven tennis
courts, 1 8 hotel units, employee parking, and maintenance facilities and replace
with 11 9 residential specific plan" units and a health spa of approximately
14,600 square feet in the area generally located between Avenida Obregon and
Calle Mazatlan, south of the La Quinta Tennis Club and on the east side of
Avenida Obregon, across from the two existing sunken tennis courts.
7. Approval of Site Development Permit 97-608 to allow construction of a 244
space employee parking lot on approximately 2.4 acres, located approximately
220 feet south of 501h Avenue, and 240 feet east of Eisenhower Drive.
8. Approval of a Certificate of Appropriateness to assure architectural compatibility
between historic structures and proposed construction, pursuant to Secretary
of Interior Standards for Historic Preservation.
PUBLIC NOTICE:
This case was readvertised in the Desert Sun on August 24, 1997. All property
owners within the project area and within 500 feet of the boundaries of the project
were mailed a copy of the public hearing notice for this meeting. A number of letters
004
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ing -> 16ihave been received regarding this request since the August 5, 1997, meeting. All
correspondence received has previously been given to the City Council and is on file
in the City Clerk and Community Development Departments.
ENVIRONMENTAL REVIEW
The La Quinta Community Development Department has completed a new
Environmental Assessment 97-343 for this request pursuant to the guidelines for
implementation of the California Environmental Quality Act. Based upon this
assessment, the project will not have a significant adverse impact on the environment.
Therefore, a Mitigated Negative Declaration has been prepared and is recommended
for certification.
DISCUSSION OF ISSUES BY APPLICATION):
SDecific Plan 121 E. Amendment 4
Planning Area V, the hillside areas to the north and west, is conditioned to be
preserved as undevelopable open space. As allowed in the Hillside Regulations of the
Zoning Code, the applicant will be allowed to transfer 21 dwelling units 1 unit per 10
acres) for construction elsewhere. The Planning Commission is recommending the
applicant provide an easement for all the existing hillside areas to remain
undevelopable open space.
With the General Plan Amendment and Zone Change from Low and Medium Density
Residential to Tourist Commercial RSP), an accompanying decrease in the allowable
residential units should occur. Rather than 1,558 units, a maximum of 1 367 dwelling
units will be allowed as noted in the Specific Plan text.
The existing Specific Plan allows a maximum of 200 Tennis Villas, of which 48 were
constructed within the hotel compound. Within the vacant Villas area for the remaining
1 52 units, 85 of the proposed 11 9 residential specific plan" units are planned.
Therefore, the current proposal will create a less dense environment than the original
Tennis Villas would if constructed. Intensity of the residential specific plan unit
development is determined by compliance with development standards, including lot
size, setbacks, and parking requirements one space per bedroom).
Site DeveloDment Permit 97-607:
The submitted Traffic Impact Analysis contained in the Specific Plan Amendment
Appendices states a portion of traffic for residents of one cluster" out of six
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ing -> 16iclusters") to this 11 9 unit residential specific plan project will take vehicular access
from the south leg of Avenida Obregon which is being terminated or cut off from the
north leg which connects to Avenida Fernando. Presently, there is an emergency-only
and pedestrian gate across Avenida Obregon, approximately 1 900 feet south of the
southern project boundary. The applicant does not have access control of this gate,
and since it is for emergency and pedestrians only, vehicles will need to access this
area through Calle Mazatlan. Access to the parking areas on Caile Mazatlan will require
vehicles to enter through secured guard gates at either Avenida Fernando or Calle
Mazatlan 50th Avenue).
The Traffic Impact Analysis documents how hotel guests currently use the secured
guard gates at Calle Mazatlan and Avenida Fernando. With a pass from the hotel, they
enter the left entry lane and give the guard their name, hotel reservation number, and
vehicle license number. According to the analysis, the majority of the hotel guests who
use the gates enter at Calle Mazatlan, with Avenida Fernando gate users being
approximately 90% residents, according to the report. The majority of the Calle
Mazatlan gate users are hotel or golf course patrons.
According to the report, the current and future entry stacking backup can be
eliminated by initiating the following operational change:
1. The hotel should always include a reservation number on the guest passes to
allow the hotel guests to utilize the right entry lane members/residents gate) at
the guard gates. This mitigation would in and of itself effectively eliminate all
project-related traffic at the guard gates.
Other mitigation strategies that would reduce current and future vehicular queuing
impacts include the following:
1. A second guard should always be available during peak traffic hours to process
vehicles in the left entry lane.
2. Hotel guests that arrive before their room is ready and visit the golf clubhouse
should be given gate passes and instructed to use the right entry lane to
minimize delays at the guard gate.
3. A map should be provided with each hotel guest pass, and gate instructions
should be printed on the back of the guest pass that direct hotel guests to use
the right entry lane at the gated entries and prominently display guest passes
in vehicles.
4. Signs should be provided at the gated entries indicating that residents and hotel
guests with passes should use the right entry lane.
006
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ing -> 16i5. If the procedural changes identified above are implemented but the queue of
vehicles in the left entry lane continues to extend longer than three vehicles, the
guard gate at Calle Mazatlan should be relocated westerly to provide as much
stacking distance for vehicles as possible and minimize the potential for queues
of vehicles extending out onto Eisenhower Drive.
These mitigation measures are recommended as conditions of approval.
Site DeveloDment Permit 97-608
The new employee parking lot with access to Eisenhower Drive will eliminate the
negative aspects of the existing facilities in the resort. On-site noise and traffic impacts
from employees private vehicles west of Eisenhower Drive will be reduced, while
possibly increasing peak resort related employee traffic on 501h Avenue. Except for
some key hotel personnel, maintenance employees who work out of and park at the
Avenida Carranza maintenance facility, and the Dunes Clubhouse employees who will
park at the adjacent clubhouse parking lot), hotel employees and maintenance
personnel will utilize the new parking lot.
The parking lot in the middle of the golf course area is proposed to be surrounded by
a six foot high living chain link fence chain link fence with vines or other vertical
plants on it). Parking lot landscaping will be provided per City requirements.
There is more than adequate sight distance for north bound traffic cresting the hill on
the bridge south of the parking lot entrance and vehicles exiting the lot, to see each
other, and respectively, operate their vehicles in a safe manner. The sight distance in
this segment of Eisenhower Drive is suitable for vehicle speeds up to 70 miles per hour
mph). However, vehicle speeds that high are rarely encountered because the speed
limit is 45 mph.
The access driveway to the parking lot will accommodate right-in/right-out turning
movements at Eisenhower drive. If adequate space permits within the right-of-way,
a left turn lane may be constructed to accommodate left turns into the parking lot
access driveway provided the median island and south bound travel way are widened
enough to construct a positive barrier to prohibit left turn-out movements.
FINDINGS AND ALTERNATIVES:
Findings necessary to approve this request can be made and are contained in the
attached resolutions.
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ing -> 16iAlternatives available to the City Council are:
1. Approve the request as recommended by the Planning Commission and
amended by the applicant, by adoption of the attached resolutions; or
2. Continue the request to allow further review and study;
3 Deny the request.
JER ERMA Community Development Director
Atta?ments:
1. Letter from Endo Engineering, dated September 8, 1 997
2. Revised Specific Plan text and Technical Appendices large document for City
Council only)
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