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1995 01 03 CC Minutes LA QUINTA CITY COUNCIL MINUTES Januaiy 3, 1995 Regular meeting 0 t e a Quinta City Council on January 3. 1995 was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Perkins, Sniff, Mayor Pefia ABSENT: One Vacancy) CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter to approve the City Council Minutes of December 6 and December 20, 1994 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENTS Mr. Sonny Kanlian, 50-400 Jefferson Street, asked that the City assist the property owners in his newly-annexed area in getting a La Quinta address, as they still have an Indio address, which is causing some problems with mail delivery. He also said he was denied a burning permit to burn citrus on his farm because of the City's no burning" policy. He advised that the Williamson Act and the County's Right-to-Farm legislation allows active, agricultural farms to continue their agricultural-practices when cities or subdivisions are developed adjacent to them. He requested that the City's policy be revised to allow some degree of flexibility for rural- burning and offered to assist staff on a policy-review committee. Mayor Pena advised that staff will review the policy and contact Mr. Kanlian and the Riverside County Fire Department. Ms. Barbara Irwin, 44-065 Camino La Cresta, was disturbed that a Council Member described a controversial issue at the December 20th Council meeting as being the Cove against North La Quinta". She felt that it's incumbent upon?the Council not to label areas of the City, but BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 2 January 3, 1995 rather cultivate and promote a cohesive understanding between all members of the community. She believed that the City needs positive input from all its citizens and allow disagreement, without attaching labels. She hopes that the Council's attitude in appointing a new council member will be to find someone who's focus is on La Quinta and not PGA West, the Cove, nor Noith La Quinta. Rupert Yessaylan, P.O. Box 251, felt that the Fritz Burns Park pool should have been constructed already and hopes that it will be soon because it's needed and has been expected for many years. Regarding the Council vacancy, he supported an election, but if the Council's position is to appoint, then he felt that there should be an opportunity for public input, prior to Council's selection. WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. RECONSIDERATION OF COUNCIL ACTION ON DECEMBER 20, 1994 REGARDING THE AWARD OF THE CONTRACT FOR THE FRITZ BURNS COMMUNITY PARK-PHASE I. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Cosper, Public Works Director, advised that a request had been received to reconsider Council's December 20th action on the Fritz Burns Park bid-award. Prior to any discussion, Council must decide if they wish to reconsider the issue. Council Member Sniff advised that he requested that the issue be reconsidered as he felt that it's imperative because of the question regarding the vote on December 20th as well as some of the comments received from the public. MOTION It was moved by Council Members Sniff/Bangerter to reconsider the Council action taken on December 20, 1994 regarding the award of the contract for the Fritz Bums Project Phase I. Motion carried unanimously with Mayor Pena ABSENT. MINUTE ORDER NO.95-01. Council Member Bangerter advised that Council would receive public comments at this time. Mr. Robert Tyler, 44-215 Villeta Drive, spoke in opposition to the pool project and advised that he believes it's not an issue of neighborhood against neighborhood, but BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 3 January 3, 1995 rather an issue of resp?nsible, fiscal management of the City's limited funds. He felt that the General Fund portion of construction costs could be better used for other purposes, such as road improvements. He recommended that the Fritz Burns Park pool be scaled-down to meet the adequate needs of the community and utilize the La Quinta High School pool for competition activities. Ms. Barbara Somers, 53-460 Avenida Juarez, PTA President for Adams-Truman School, supported a community pool because she believes that such facilities promote a sense of community. She said that the PTA believes in promoting community spirit. as well as education, and she felt that a community pool will help accomplish that. She suggested a reduction in the size of the pool to reduce the cost. She was opposed to utilizing the high school pool because of its distance from the Cove. She asked the Council to act favorably on the project for the majority of the Cove families. Mr. Enrique Gutierrez, 52-287 Avenida Ramirez, a resident of La Quinta for 20 years. supported the pool project. He commended the City for its support of both the seniors and youth of the community through the Senior Center and Boys and Girls Club. As a group counselor at Indio's Juvenile Hall, he's heard juveniles say that they got in? trouble because they were bored and had nothing to do. He felt that a community pool will assist the Boys and Girls Club in giving the youth recreational activities to keep them busy. He supported the Fritz Bums Park pool because most of the lots in the Cove are too small to accommodate pools and the high school pool is too far away. Mr. Stephen Simons on, 54-665 Avenida Ramirez, a resident for 15 years, spoke in favor of the pool project, noting it brought to mind two different roadways. He advised that he and others protested the closing of Jefferson Street, but backed off when Landmark Land Company donated $1 million toward a project such as a pool. He referred also to the defeat of Adams Street, but believed that the issues that necessitated it still live on as the Cove continueS to grow. He advised that it now takes twe!ve minutes to drive from the top of the Cove to the intersection of Highway 111 and Washington Street. If parents have to transport their children to and from the high school pool twice a total of four trips) from the Cove area, it will take almost an hour of driving time. He asked the Council to construct a pool in the Cove area so that residents there will have access to It. Mr. Brian Lock, 54-455 Avenida Rubio, asked the Council to proceed with the pool at the tennis court area because a lot of kids don't have a pool, but could ride their bikes to a pool there. He said he wouldn't be able to ride his bike to the high school pool. Ms. Kathy Pedersen, 54-455 Avenida Rubio, spoke in support of the Fritz Burns Park pool project stating that the high school pool is too far for children to commute by bike as many parents work during the day. As a teacher at Adams-Truman School, she's never heard any of the 1200+ students say they wouldn't use the pool and she felt that a community pool will give them needed exercise during the summer. She commented BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 4 January 3,1995 that the high school pool is not designed for recreational swimming, noting the shallowest part of the pool is four feet deep, which makes it unsafe for small children. Ms. Terry Henderson, 54-711 Eisenhower, suggested that the Council table the issue until the Council-vacancy is filled. She referred to the pool survey stating that only 60% of the 14% returned indicated pool usage and commented that the survey did not ask the question if the pool was wanted. The community should be more involved in this decision and recommended a series of public hearings to review the issue. She felt that the project is a serious fiscal decision which she has not heard support of and suggested the utilization of the high school pool with a shuttle service from the Cove. Mr. Robert Metkus, advised that he had attended meetings regarding the pool from its infancy stage, but didn't remember costs being mentioned at those meetings. He referred to the Palm Royale Park and the desire of the residents of the area for it to be a bare minimum" park. He stated that the City proposed a pool knowing that the high school would also have a pool. He questioned where the funds will come from to pay for the monthly operational costs of a pool. He asked the Council to review the issue with regards to fiscal responsibility. Mr. Pete Platamone, 79-575 Marigold Lane, was opposed to the pool project because the City is just emerging from a major recession; there are many road improvements needed such as Adams Street; and he felt that the City should have more than two Sheriff Deputies on duty because of the high percentage of burglaries being reported. He felt that the City should set their priorities in order better safety, better roads, and projects such as the proposed pool in the future as the City grows. He said maybe the issue should be decided on a ballot. He was concerned about the comments at the last meeting regarding North La Quinta versus the Cove, believing such comments create division within the City. Mr. Don McCleIland, 79-815 Westward Ho Drive, was Opposed to the pool project and encouraged the use of the high school pool. He commented on the closure of the North Indio pool because of high maintenance costs. He suggested a review of all City expenses with the possible elimination of the Lighting and Landscape District Assessment which he felt is a sore point with many residents. He advised that the primary function of City government should be police services and streets improvements. Mr. Fred Wolff, 77-227 Ensenada, felt that the Council was wrong to reconsider the project because reconsidering the majority-vote decision made at the last meeting is unconscionable as far as a democratic process is concerned. He noted that most of those opposing the pool project don't live in the Cove area and therefore, won't use the proposed pool, but there are more than 1000 children in the Cove who will. Ms. Stacy Mullen, 52-350 Avenida Martinez, spoke in support of the pool project as a citizen, Juvenile Hall counselor, and member of the Parks & Recreation Comrnission. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 5 January 3, 1995 She questioned why the issue was being reconsidered. She said that most of those who will be affected by this decision are not able to attend Council meetings to voice their support for the project because they're working people without the luxury of being able to get off work or live in retirement. She felt that the 60% response to the survey indicating that they would use the pool were representative of those sampled, noting you can t force people to return the surveys. She questioned the use of the high school pool because some families have too many children and can't afford bus fare, the pool is too deep for small children; and the pool won't be available when school programs are using it. She advised that her property is too small to accommodate a pool, but would use a community pool. She stated that the City has provided a Civic Center and Senior Center, and now should provide for its youth because statistics prove that when children get bored they will get into trouble. Mr. Ed Kibbey, 78-620 Sanita Drive, advised that he was in opposition to the pool until he heard that the high school pool has a minimum depth of four feet, which is too deep for small children. He suggested that the pool be redesigned for use by small children and use the high school pool for older children. He disapproved of the survey which didn't ask the residents if they are willing to pay for the pool. He commended the Council for reconsidering the issue and suggested that all concerns be considered. He referred to the pool built by the City of Palm Springs, noting it is closed most of the time because of high maintenance cost. He added that Palm Springs has a high juvenile- delinquency rate in spite of having a community pool. Ms, Kay Wolff, 77-227 Calle Ensenada, Supported the pool project as a citizen and administration member of a local school. She advised that there are a sufficient number of students to support a pool in the community as well as families and senior citizens. There are 1300 students at Adams-Truman, 500-600 at the middle school, and even more at the high school. She stated that everyone decries children on the street and hanging out at the mall and she felt a community pool would be a positive, social-gathering-place for them. She advised that the high school pool has only decking and no shade, trees, grass, wading pool, shallow area nor art work. The community pool will be built in a context that will be good for family socializing. She understood that the project's budgeted-funds must be used for the City's recreational needs and can't be used for road improvements and asked Council to clarify that issue. She felt that an investment in the City's youth will help defray vandalism and encouraged the Council to continue with the project immediately for the good of the community. Ms. Laura Hinderaker, 79-925 Horseshoe Road, was delighted that Council was reconsidering the project because she felt that the pool should be downsized to possibly 75' X 40', which would be more appropriate for recreational use and the donation by Landmark Land Company should be used to build it. Mr. Jeff Smith, 54-631 Avenida Alvarado, spoke in support of the pool project stating that he was concerned about the penny-wise pound-foolish attitude regarding the BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 6 January 3, 1995 expenditure of funds for youth recreation because he believed the youth need more positive outlets provided for them. He stated that the majority of La Quinta's youths live in the Cove area and that's why a pool is needed there. The high school pool was designed for competition swimming and not for recreation and doesn't suit the needs of the community. He felt that each generation has the responsibility of supplying the needs of the following generation and the generation-to-generation contract should continue. He encouraged the Council to continue with the pool project as Soon as possible and submitted a signed-petition supporting the pool. Ms. Joyce Sivley, 79-775 Westward Ho Drive, spoke in opposition to the pool and commended Council Member Perkins for the comments he offered at the last meeting. She sympathized with the children's needs, but was opposed to all residents having to pay an annual assessment to pay for maintenance of the pool. She submitted 114 letters of opposition to the project, noting many of the residents are senior citizens who live on fixed-incomes and they feel that they are being taxed to death." She also was Opposed to heating a pool because of the high cost and encouraged the Council to further investigate all the costs involved should they decide to move forward with the project. She read a declaration of protest that accompanied the 114 letters. Mr. Randall Wright, 54-295 Eisenhower, advised that he didn't see much difference in design between the Fritz Burns pool and the high school pool and questioned the idea that the Fritz Burns pool will be better for small children. He didn't feel that the pool was designed as a recreational pool nor has it been researched sufficiently. He felt that the least expensive direction to take would be to purchase and maintain bus transportation to shuttle children from the Cove to the high school pool. He disapproved of comments made about a division between North La Quinta and the Cove, noting that all are residents of La Quinta and pay taxes. In response to Council Member Bangerter, Mr. Bohien advised that three advertised public forums were held to receive public input during the master plan design of the Fritz Burns Park. The preliminary master plan was reviewed at advertised meetings of the Community Services Commission and then placed on the City Council Agenda for their review and approval. In response to Council Member Bangerter, Mr. Cosper advised that the $2.8 million cost of the project consists of engineering, construction and other costs. Preliminary engineering costs totaled approximately $329,000 and included the following: preliminary design cost, $95,000; plan specifications and engineers estimates, $225,000; and plan check fees, $7,000. The low bid for construction costs of Phase I of the park was $2,188,000 and included parking for the pool and tennis courts, approximately three acres of landscaped park, the pool, and the aquatic building. He advised that approximately one-third of the construction cost was for the landscaped park and street improvements, one-third for the aquatics building and supporting structures, and one- third for the pool. Inspection, testing, and survey costs are estimated at $60,000, BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 7 January 3, 1995 Construction engineering at $55,000, City-provided equipment at $50,000, pool facility furnishings at $175,000, and $25,000 for miscellaneous costs; bringing the total project cost to $2.8 million. In response to Council Member Bangerter, Mr. Bohlen advised that the size of the Lot- pool is 40' X 40' and the depth ranges from six inches to one foot. The main pool is designed with two wings; one shallow wing for instructional programs for small children and therapy, and a second deeper wing designed for the waterslide area. The shallow area includes an exercise bar along one wall and is approximately 3 feet deep. Mr. Cosper advised that the pool has eight lanes with the 3 /2 foot depth area being approximately two lanes. The pool-depth then begins a transition to nine feet to allow diving into the pool. He advised that the Red Cross and other sanctioned design groups have adopted nine feet as a standard pool depth. It will allow for six lanes competition swimming and eight lanes of lap-swirnming. Council Member Bangerter asked how utilization of the high school pool would affect pool-staffing needs. Mr. Bohlen advised that the high school pool would be available for only 15 weeks each year which would reduce staff. Lifeguards and Water Safety Instructors would be reduced by half, as well as a significant reduction in administration and programming Costs. In response to Council Member Bangerter, Mr. Cosper advised that the proposed funding for the Fritz Burns Park does not affect the Dune Palms Road crossing. In response to Council Member Perkins, Mr. Bohlen advised that the Fritz Burns Park public forums were held approximately 2 years ago. He advised that he has researched the feasibility of utilizing the high school pool and will supply that information to the Council. He also confirmed that the tot-pool at the Fritz Burns Park will require a separate lifeguard. Council Member Perkins asked if the City's planned amenities and Street improvements for the Fritz Burns Park were any different than what the City would require of a developer proposing a similar facility. Mr. Cosper advised that he wasn't sure that the City would apply construction development standards to such a facility. A neighborhood park does require certain standards to which the City has complied to, but there are no pool facility standards required of developers. Council Member Perkins asked what the estimated percentage of over-run Costs would be on the proposed facility. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 8 January 3, 1995 Mr. Cosper advised that most agencies set a certain amount aside for contingencies and that typically amounts to 10% to 20%. The costs submitted to Council do not include any contingency amounts. Council Member Sniff asked the City Attorney to comment on the validity of the vote taken on this issue at the last meeting. Ms. Honeywell, City Attorney, advised that she is still of the opinion that the vote was a legal vote. However, the Council's own local rules of procedure are inconsistent with Robert's Rules of Order and, if read literally and Out of context with case-law, are somewhat inconsistent with common-law, case-law concerning voting and the manner in how abstentions are counted. The problem is that the local rule is ambiguous and subject to two or more different interpretations. She felt that the best argument was that the ambiguous local rule should be read to comply with case-law; however, she couldn't guarantee that a reasonable argument couldn't be made that Council Member Perkins could not be counted as present for purposes of the quorum because of his abstention, if the local rules are read literally. Council Member Sniff referred to the fact that the public forums were held 2 years ago, but has been in the planning stage since 1984 and is a current issue. MOTION It was moved by Council Member Sniff to reject all bids, direct staff to redesign the Fritz Burns Park aquatic facilities, hold public hearings, and re-advertise the project. Motion failed for lack of a second. Council Member Bangerter commended the staff for their professionalism and efforts in consistently supporting the direction of the Council. She reminded the Council and audience that the proposed project is a capital improvement project, which was prioritized and approved by a flill Council. The action on December 20th was to award the contract to the proper bidder for a project that had already been decided upon. A project of this magnitude takes a lengthy period of time to process, which is why the public hearings were held 2 years ago. She said that she considers the concerns of every resident and commended each one for their effort to attend and voice their concerns because that indicates that the people care about their community. Council Member Bangerter advised that the pool survey was intended to help determine desired pool programs and operation times, not the building of the pool; that decision was made years ago. She felt that the high school pool is great for its intended purpose, but advised that there's no shade, no area for sitting around the pool, nor any park area for combined activities. The City would still bear the costs of supplying staff for the pool along with the shuttle service. She advised that her mind had not changed regarding BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 9 January 3, 1995 the pool, but would consider requesting staff to downsize the pool. She felt that the public hearings and input received were adequate and continued to support the project. In response to Council Member Sniff, Mr. Bohien advised that staff held discussions with Mr. John Gafney, Principal of La Quinta High School, and Mr. Lane Arthur, the consultant who oversaw the design and construction of the pool, to discuss utilization of the high school pool. It was determined that the pool would be available for public use approximately 15 weeks each year; encompassing the last few weeks of he school year as well as the first few weeks of the new school season. He advised that program staff costs would be $39,947 and administrativelmaintenance staff costs $34,605, taling $74,552 for personnel cost. Operations and maintenance cost are estimated at $34,000. Staff is assuming that the school district will pay for all utilities and pool chemicals as well as share the cost for the school maintenance staff. Staff anticipates a cost of $10,000 for equipment, bringing the total cost to $118,552. Net operating cost is estimated at $92,582 after an estimated revenue of $25,970 is derived from pool programs. He advised that there would be first-year costs to bring the pool to safe standards by providing necessary equipment and that amount is estimated at $13,265 bringing the total for first?year operation costs to $131,817, which doesn't include chairs, patio furniture, nor shade structures. He advised that all costs mentioned are preliminary only. He has requested the school district maintenance staff to supply the City with a cost estimate of operating a bus-shuttle service during summer afternoons. He advised that the shuttle service might require more than one bus since there are over 1000 children living in the Cove area. Council Member Perkins appreciated the information provided by Mr. Bohlen regarding use of the high school pool, but he needed time to study the figures. He referred to public comments that were made proclaiming the pool to be a necessity for the community. Some wanted it, but would only use it once or twice a month; some felt it would solidify community spirit; and some felt use of the high school pool would cause traffic problems, to which he responded that one shuttle bus every hour should not create a traffic gridlock. He responded to a comment that he lacked sensitivity because he lives in Laguna De La Paz and therefore, has use of a pool, but he advised that gated- communities pay a considerable amount to maintain their pools, and other amenities, at no cost to the City. He has always supported youth activities both here and in another City. He believed that this City is very supportive of youth activities commenting on the YMCA and Boys & Girls Club, but noted that those facilities, unlike a pool, can be easily modified for other purposes if their intended purpose should fail. Council Member Perkins advised that he was not against a swimming pool, but questioned its affordability at a time when spending should be reduced. He felt that there are more important issues to consider such as elimination or reduction of property taxes and to increase police protection. He disapproved of the pool survey because it was not reviewed by the Council and failed to ask residents if they wanted and were willing to pay for a swimming pool. He comrnented on the pool construction cost being equal to BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 10 January 3, 1995 one-third of the City's General Fund and noted that maintenance will cost each property owner approximately $30 annually. He will continue to question the affordability of the project until he receives information that will address his concerns and felt hat community input on the issue is needed to help the Council make the proper decision on the project. He believed it will be less expensive for the City to buy and maintain a shuttle-van to transport the youth to the high school pool than to build a pool, even if the proposed pool is downgraded in size. He referred to other community pool situations that have ended in abandonment and advised that he needs more statistics before making a final decision. In response to Council Member Sniff, Mr. Cosper advised that the bids are good through January 10, 1995. Council Member Sniff felt it was imperative for the Council to take some kind of action. Ms. Honeywell advised that no action," would be deemed to reject all bids, as her interpretation of Council's vote to reconsider this action means that here was no action at the last meeting. Council Member Bangerter advised that she is very supportive of using local contractors, but supported staff's recommendation regarding who to award the bid to. In response to Council Member Sniff, Ms. Honeywell advised that the only policy favoring use of local contractors which the State allows, is one that promotes contracts for businesses that are owned or operated within the City's redevelopment areas, and is applied to redevelopment projects only. In response to Council Member Sniff, Mr. Cosper confirmed that contractors are not allowed to subcontract-out more than 50% of the work. Council Member Perkins didn't believe the project should be rushed and supported a public forum to receive public input before a final decision is made. Council Member Sniff advised that was the intent of his earlier motion, hoping that i( would give the Council a form of clear direction. Council Member Perkins advised that his only objection to the motion was the inclusion to receive bids again. He preferred to make that decision at a later point in the process. Ms. Honeywell advised that the project cannot go to bid until the Council approves the bid package. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 11 January 3,1995 MOTION It was moved by Council Members Sniff/Bangerter to reject all bids, direct staff to redesign the Fritz Burns Park aquatic facility downsizing, and hold public hearings on this matter. Council Member Bangerter advised that she would support the motion only to preserve the dignity of the project, but believes that the project has adequately gone through the process and was saddened that it cannot move forward immediately. Council Member Perkins advised that he would support the motion and asked staff to obtain all information possible regarding the project and any alternatives available. Council Member Sniff advised that he continued to support the pool project. but believed that the proposed action is the only way to get something accomplished on the project. He encouraged staff to move quickly because summer is approaching and advised that Council needs to come to a firm decision on the design of the aquatic center. He hoped that a reasonable downsizing of the aquatic facility, that will preserve its function, will be acceptable. Motion carried unanimously with Mayor Pena ABSENT. MINUTE ORDER NO.95- 02. 2. CONSIDERATION OF RECOMMENDATION FROM THE ART IN PUBLIC PLACES COMMITTEE TO USE CIVIC CENTER ART-PURCHASE MONIES FOR BUYING ART FOR THE SENIOR CENTER. Mr. Herman, Community Development Director, advised that the City has set money aside since 1989 to purchase art for the Civic Center. He advised that the Art in Public Places Committee has recommended that the current $3,000 budget be utilized to purchase art for the Senior Center and that a Senior Center representative be appointed to the art-selection committee. Mayor Pena preferred purchasing art for the Civic Center and rotating it with the Senior Center. Council Member Sniff wasn't sure that all art items would lend themselves to rotation. MOTION It was moved by Council Members Sniff/Perkins to approve the recommendation of the Art in Public Places Committee to use the Civic Center art- purchase monies to purchase art for Civic Center facilities and to appoint a senior to the Art Selection Committee. Motion carried unanimously. MINUTE ORDER NO.95-03. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 12 January 3. 1995 3 CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-060 FOR THE APPROVAL OF TEMPORARY, PROMOTIONAL-LIGHTING SEARCHLIGHT) FOR THE NEWLY-REMODELED CARL'S JR./GREEN BURRITO RESTAURANT AT 78-672 HIGHWAY ill. APPLICANT: ROBERT J. MESSERSMITH. Mr. Herman, Community Development Director, advised that the applicant is requesting to operate a searchlight through a 21-day period to advertise the recent merger of Carl's Jr. and The Green Burrito. Mr. Robert Tyler, 44-215 Villeta Drive, spoke in opposition to the application because the City has a dark-sky ordinance and his sensibilities were offended that the City would even consider the request. He felt that there are other ways of advertising that don't offend the character and sensibilities of the population and encouraged the Council to deny the request. He didn't feel it's in the best interest of the contrnunity. Ms. Jewell Chapman, 715 Ashland Drive, Huntington Beach, Marketing Director for Messersmith Searchlights, urged Council to approve the request advising that the four- beam, sky-tracker searchlight is state-of-the-art equipment that is used to attract the public at many elite events. The searchlight is very aesthetic and will attract people to La Quinta from neighboring communities. The local Carl's Jr./Green Burrito Restaurant is the fourth to open since the recent merger and the first to use the searchlight for advertising. If it proves successful, they will use it with other openings as well. In response to Council Member Sniff, Mr. Herman advised that the City doesn't have a *?normal' time-period for use of searchlights. Council Member Perkins felt that the 21-day period is too long and suggested a ten-day period which could include two weekends. Mayor Pena concurred that 21 days is excessive and preferred a seven-day only approval. Council Member Sniff advised that he supports local businesses, but felt that a significant visual impression could be accomplished in seven days. Council Member Bangerter advised that she would only support a seven-day period. MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 94-060 permitting temporary promotional-lighting for seven days for Carl's Jr.?Green Burrito Restaurant, subject to the recommended conditions Motion carried unanimously. MINUTE ORDER NO.95-04. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 13 January 3, 1995 4. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-059 FOR THE APPROVAL OF EIGHT 8) TEMPORARY, SUBDIVISION FLAGPOLES FOR THE LA QUINTA FAIRWAYS PROJECT, SOUTH OF AVENUE 50 AND WEST OF PARK AVENUE. APPLICANT: DOUG AYRES AYRES HOMES). Mr. Herman, Community Development Director, advised that the applicant's request for eight temporary subdivision flagpoles complies with the City's recently-adopted flag policy. In response to Council Member Perkins, Mr. Herman advised that the applicant has removed all previous flags. In response to Mayor Pefia, Mr. Hartung, Building & Safety Director, advised that it was approximately 30-40 days before the developer complied to City-policy and removed the previous flags. MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 94-059 permitting eight temporary flagpoles for the La Quinta Fairways project, subject to recommended conditions of approval. Motion carried unanimously. MINUTE ORDER NO.95-OS. 5. CONSIDERATION OF THE COLLEGE OF THE DESERT REGIONAL BUSINESS ASSISTANCE CENTER REQUEST FOR FUNDING. Mr. Herman, Community Development Director, advised that the Council appropriated $15,000 for the Regional Business Assistance Center in the 1994/95 fiscal budget, but requested a report regarding the benefits to La Quinta. He advised that Mr. Terry Green, Dean of Resource Development, has provided a list of those benefits in the staff report. He advised that in 1993, the Council approved the first $15,000 funding-request with the understanding that it would be a three-year commitment only and thereafter would have to become self-supporting. Other agencies providing funding for the program during 1994/95 are: the City of Palm Desert/County of Riverside at $57,000; City of Indio and City of Rancho Mirage, $15,000 each; and College of the Desert at $75,000. Mayor Pena wished to see a report of all the financial assistance the center has received and their expenditures to find Out what progress they've had in becoming self-supporting. Council Member Bangerter concurred. Ms. Gayle Biondi, recently-appointed Director for the Regional Business Assistance Center, advised that they received approval of a two-year, State grant for $150,000 to conduct a distance-learning and telecommunications effort out of the Business Assistance BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 14 January 3, 1995 Center. No private fund-raising efforts have been accomplished by the Center except those funds requested from governmental agencies. They've received user-fees from participants of their seminars and workshops. Mayor Pena asked for a breakdown of businesses who have accessed the Center's services. Ms. Biondi referred to an attachment in the staff report. Council Member Sniff asked to see testimonials from businesses that have benefitted from the program to verify that the program is a significant value to the business community. He wished to know how many La Quinta businesses have benefitted from the program and to what magnitude. He suggested continuing the item to allow the applicant time to prepare additional information for the Council. Mayor Pena also wished to see a budget for the program. In response to Mayor Pefla, Ms. Biondi advised that contract/workplace training consists of businesses hiring the Center to provide specific training for their employees. She stated that the program is a regional effort and that any business that benefits from the program, ultimately benefits every City of the valley. The program is not intended to duplicate other City or chamber efforts, but rather to serve as an additional resource. Council concurred on requesting the center to provide testimonials from businesses that have benefitted from the program and the center's financial budget. MOTION It was moved by Council Members Sniff/Bangerter to continue the request for funding by the College of the Desert Regional Business Assistance Center to January 17, 1994. Motion carried unanimously. MINUTE ORDER NO.95-06. 6. CONSIDERATION OF APPROVAL OF SPECIFICATIONS FOR ONE 2 1/z-TON DUMP TRUCK AND AUTHORIZE STAFF TO RECEIVE BIDS. MOTION It was moved by Council Members Sniff/Perkins to approve the specifications for purchase of one new, 1995 2'/2-ton tmck with a five-yard dump bed and authorize staff to receive bids. Motion carried unanimously. MINUTE ORDER NO.95-07. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 15 January 3, 1995 7. CONSIDERATION OF A PARK-NAMING POLICY. Mr. Bohien, Parks & Recreation Director, advised that the City's General Plan and the Parks & Recreation Master Plan have identified proposed Sites for park development, but advised that the City has not established a policy for naming of these parks. The names shown on the General Plan and Parks & Recreation Master Plan maps are temporary names supplied by the consultant. He advised that the proposed policy identifies general guidelines for soliciting park names, options for naming parks, and identifies the Parks & Recreation Commission as the soliciting and screening body on behalf of the Council. Council Member Perkins suggested a park-naming" contest to generate community- interest. Council Member Sniff agreed and suggested that the Parks & Recreation Commission could conduct it. Mayor Pena suggested the following amendments to the proposed guidelines: a) change #1 to read facilities should be named...." b) change #2 to read names can be solicited....; and, c) at least three names should be submitted.... Mr. Bohlen confirmed that Council also wished to change #3 to include Commission will be responsible for soliciting park names through the community and screening.... Mayor Pefia also suggested that the words in-depth" be removed from the reference under Names," Item #3. MOTION It was moved by Council Members Sniff/Bangerter to approve the park- naming policy with modified language as follows: a) change #1, under Guidelines, to read facilities should be named... b) change #2, under Guidelines, to read names can be solicited c) change #2, under Guidelines, to read at least three 3) names should be submitted. d) change #3, under Guidelines, to include Commission will be responsible for soliciting park names through the community and screening...;" and e) change #3, under Names, to read facilities may be named after persons only after a study has been completed...." Motion carried unanimously. MINUTE ORDER NO.95-08. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 16 January 3, 1995 8 CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION. RESOLUTION NO.95-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION LQCEA), COMMENCING ON JULY 1, 1994, AND TERMINATING ON JUNE 30, 1995. MOTION It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 95-01 as submitted. Motion carried unanimously. 9. TRANSMITTAL OF TREASURER'S REPORT FOR THE CITY AND THE FINANCING AUTHORITY DATED NOVEMBER 30, 1994. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report dated November 30, 1994 for the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO.95-09. MOTION It was moved by Council Members Sniff/Perkins to receive and file the Treasurer's Report dated November 30, 1994 for the La Quinta Financing Authority. Motion carried unanimously. MINUTE ORDER NO.95-10. 10. SECOND READING OF ORDINANCES ORDINANCE NO.263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 5.64 OF THE MUNICIPAL CODE REGULATING SPECIAL ADVERTISING DEVICES. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No. 263 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pefia NOES: None ABSTAIN: None ABSENT: One Vacancy) BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 17 January 3, 1995 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 3, 1995. 2. ADOPTION OF RESOLUTION SETTING A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING DATE OF FEBRUARY 21, 1995 TO CONSIDER REDEVELOPMENT AGENCY PLAN AMENDMENT NO.1. 3. APPROVAL OF PARCEL MAP 27131 DUTCH PARENT N.V., A NETIIERLANDS ANTILLES CORPORATION. 4. APPROVAL AND AUTHORIZATION TO SIGN A CITY dF LA QUINTA CVAG REIMBURSEMENT-AGREEMENT REGARDING SMALL, PROJECT FUNDS FOR IMPROVEMENTS TO THE INTERSECTION OF FRED WARING DRIVE AND WASHINGTON STREET. Mayor Pena requested that the Williams Development payment be removed from the Demand Register under Item No.1, due to a conflict of interest. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as modified, removing the Williams Development payment from the Demand Register under Item No.1, with Item No.2 being approved by RESOLUTION NO.95- 02. Motion carried unanimously. MINUTE ORDER NO.95-li. MOTION It was moved by Council Members Sniff/Bangerter to approve the Williams Development payment on the Demand Register under Consent Calendar Item No. 1. Motion carried with Mayor Pena ABSTAINING. MINUTE ORDER NO.95-12. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 18 January 3, 1995 DEPARTMENT REPORTS Ms. Honeywell, City Attorney, requested that an item be added to the closed session agenda, as the need to take action arose after the agenda was posted, under Government Code Section 54956.9(a), conference with legal counsel concerning direction regarding an existing litigation on settlement negotiations. She advised that the case will not be identified so as not to jeopardize the settlement negotiations. MOTION It was moved by Council Members SniffiBangerter to add the item requested by the City Attorney to the closed session agenda, as it came up after the agenda was posted, under Government Code Section 54956.9(a), conference with legal counsel concerning direction for an existing litigation on settlement negotiations, not identifying the case so as not to jeopardize the settlement negotiations. Motion carried unanimously. MINUTE ORDER NO.95-13. All other reports were noted and filed. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF ELIMINATION OR REDUCTION OF PROPERTY TAX. Council Member Perkins felt that the property taxes in La Quinta should be eliminated and asked the City Manager if that would be a problem since Lhe taxes are collected through the County. Mr. Genovese, City Manager, advised that he didn't know of any practical way to change the levy relating to property taxes because they are County-imposed. Council Member Perkins suggested that the City take a hard look at the Lighting and Landscape District Assessment and possibly reduce it by the equivalent amount of the property taxes on each property because the City's residents are entitled to a cut-back on their costs of City government. He felt that it's time for City government to take a hard look at where its money is coming from and where it is going. He suggested that the City initiate a study on the effect of an assessment reduction and report back to the Council. Council Member Sniff didn't have a problem with the suggestion because he didn't support the assessment when initiated. He felt that the City should review all of its budget items and make sure that the City is fiscally sound, but the City needs to give its residents a tax break wherever possible. BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 City Council Minutes 19 January 3, 1995 Council concurred on referring the matter to staff. PUBLIC HEARINGS None Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session. CLOSED SESSION 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding negotiations for proposed commercial development including price and term of payment for property located at the southwest corner of Highway 111 and Jefferson Street Tim Ealey, negotiator for Midland Properties. 2. Conference with legal counsel concerning potential initiation of litigation pursuant to Government Code Section 54956.9(c) one case. 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a), concerning direction for an existing litigation on a settlement negotiation. Council reconvened with no action being taken. There being no further business, the meeting was adjourned. Re?pectfulIy submitted? $m;#? SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02 BIB] 12-11-95-U01 04:00:27PM-U01 CCMIN-U02 01-U02 03-U02 95-U02