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City Council
Agenda
CITY COUNCIL CHAMBER
78-495 CaIle Tampico
La Quinta, California 92253
Regular Meeting
October 7, 1997 3:00 P.M.
CALL TO ORDER
a. Pledge of Allegiance Beginning Res. No.97-82
Roll Call Ord. No.310
PUBLIC COMMENT
This is the time set aside for public comment on any matter not scheduled for public hearing. Please
complete a request to speak" form and limit your comments to three minutes.
Please watch the timing device on the podium.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
a. Approval of Minutes of September 16 & September 23, 1997
ANNOUNCEMENTS
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PRESENTATION OF A PLAQUE TO THE CITY COUNCIL BY COACHELLA VALLEY RECREATION & PARK
DISTRICT IN APPRECIATION FOR THE COUNCIL'S SUPPORT OF THE DISTRICT'S REASSESSMENT
EFFORTS.
WRITTEN CORRESPONDENCE
1. LETTER FROM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY REGARDING
CIGARETTE AND ALCOHOL BILLBOARDS NEAR SCHOOLS.
2. LETTER FROM CITY OF TEMECULA REGARDING A PRINCESS DIANA MEMORIAL.
3. LETTER FROM LAWRENCE BEST RESIGNING FROM THE PARKS & RECREATION
COMMISSION.
BUSINESS SESSION
1. CONSIDERATION OF PROVIDING A CITY?SPONSORED HOLIDAY CONCERT.
A) MINUTE ORDER ACTION.
2. CONSIDERATION OF PURCHASE OF A PLAQUE RECOGNIZING SPONSORS FOR THE CITY'S
TENTH ANNIVERSARY CELEBRATION.
A) MINUTE ORDER ACTION.
3. CONSIDERATION OF AUTHORIZATION TO AWARD A CONTRACT FOR PROJECT NO.97-07
FRITZ BURNS PARK IMPROVEMENTS TO LOWEST RESPONSIBLE BIDDER.
MINUTE ORDER ACTION..
4. SECOND READING OF ORDINANCE NO.308 RE: CHG. OF ZONE KSL
ORDINANCE NO.309 RE: CULTURAL COMMISSION
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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 OCTOBER 7, 1997.
2. DENIAL OF CLAIM FOR DAMAGES FILED BY EDDIE FRANCO, DATE OF LOSS, AUGUST 21,
1997.
3. APPROVAL OF OVERNIGHT TRAVEL FOR ONE BUILDING AND SAFETY INSPECTOR TO
ATTEND THE CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE, MISSION INN,
RIVERSIDE, OCTOBER 20-23, 1997.
4. APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE COUNTY OF
RIVERSIDE.
5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO PROVIDE FIELD INSPECTION
SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS DURING FISCAL YEAR
1997/98.
6. APPROVAL OF AN ENCROACHMENT PERMIT ISSUED TO KSL RECREATION CORPORATION,
AUTHORIZING A GOLF CART CROSSING ON PARK AVENUE.
7. APPROVAL OF AN AMENDMENT TO THE PAVEMENT MANAGEMENT SYSTEM,
PROFESSIONAL SERVICES AGREEMENT TO INCLUDE RESIDENTIAL STREETS FOR A COST
NOT TO EXCEED $20,000.
8. APPROVAL OF AN AGENCY-STATE AGREEMENT TO PROVIDE SURFACE TRANSPORTATION
PROGRAM STP) FUNDING TOWARD DUNE PALMS ROAD AT WHITEWATER CHANNEL
PROJECT NO.97-06.
9. ADOPTION OF RESOLUTION DECLARING INTENTION TO VACATE A PORTION OF PUBLIC
UTILITY EASEMENTS LOCATED IN THE LA QUINTA GOLF ESTATES, UNIT NUMBER 1, CASE
NO.97-035.
STUDY SESSION None
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A. HUMAN SERVICES COMMISSION MINUTES OF JULY 23, 1997
B. CULTURAL COMMISSION MINUTES OF JUNE 26, JULY 24, AUGUST 28 & SEPTEMBER 11,
1997
C. PARKS & RECREATION COMMISSION MINUTES OF JUNE 19, 1997
D. PLANNING COMMISSION MINUTES OF JULY 8, JULY 22, AUGUST 12 & SEPTEMBER 15,
1997
E. HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 22 & JUNE 19, 1997
F. ART IN PUBLIC PLACES COMMISSION MINUTES OF JULY 7, 1997
G. CVAG COMMITTEE REPORTS
H. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE ADOLPH)
C. V. MOSQUITO AND VECTOR CONTROL DISTRICT
J. C. V. MOUNTAINS CONSERVANCY SNIFF)
K. C. V. REGIONAL AIRPORT AUTHORITY HENDERSON)
L. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU HOLT)
M. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE HENDERSON)
N. PALM SPRINGS REGIONAL AIRPORT COMMISSION
0. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE HENDERSON)
P. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD
Q. 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 OCTOBER 28, 1997
STUDY SESSION AT 1:30 PM.
B. CITY ATTORNEY NONE
C. CITY CLERK NONE
D. BUILDING AND SAFETY DIRECTOR NONE
E. COMMUNITY DEVELOPMENT DIRECTOR
1. MONTHLY REPORT FOR AUGUST AND SEPTEMBER, 1997
F. COMMUNITY SERVICES DIRECTOR NONE
G. FINANCE DIRECTOR NONE
H. PUBLIC WORKS DIRECTOR NONE
SHERIFF?S STATION COMMANDER NONE
MAYOR AND COUNCIL MEMBERS' ITEMS
RECESS TO REDEVELOPMENT AGENCY MEETING
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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
KSLIJ.M. PETERS, CASE NO.002597
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b) 3)(c) REGARDING POTENTIAL LITIGATION ONE CASE).
ADJOURNMENT
DECLARATION OF POSTING
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 of October 7, 1997 was posted on the outside entry to
the Council Chamber, 78-495 CaIle Tampico and on the bulletin board at the La Quinta Chamber ot
Commerce and at Albertson's, 76-630 Highway 111, on Friday, October 3, 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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BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
JIWk ROGERS
L? SUPERVISOR, FIRST D?STRICT
September I I, 9(?7
Dear Mayor and Council members:
I am writing to ask you to consider joining Contra Costa County m protectmg children?
from cigarette and alcohol billboards near schools.
On July 14,1997, Contra Costa County became the first to my knowledge) city or
county in California to get rid of all cigarette and alcohol billboards wlthin 1600 feet of
schools.
Recent revelations about the tobacco industry's targeting of children have destroyed the
industry's defense that ads are merely meant to shift adult smokers from one brand to
another.
In April of 1997, the U.S. Supreme Court upheld a Haltirnore law which outlawed
cigarette and alcohol b?boards, except in a few areas where children were unlikely to
be.
This ha? depri?'ed the tobac? industry ol the ability to hide behind the ludicrous
argument that the First Amendment was intended to permit ads which trick children
into starting the deadly habit of smoking.
I won't bore you vvjth reciting the numerous studies which confirm the common-??.nse
notion that ads which glamorize smoking will help cause youngsters to start smoking.
I won't recite the litany of statistics showing the enormous tragedy of smoking. Most all
of us have had someone close to us die from smoking.
will ask you a simple question: do your constituents want you to do anything you can
to prevent children from starting to smoke? If your answer is yes, then I wotd(1 invite
you to make it clear that cigarette and alcohol ads anywhere near schools are not
acceptable in your community. Different communities may want to use different limits
on how far away from schools the billboards must be, e.g. 1600 feet, 2000 feet, or of
a mile. Although recent state legislation AH 752, igden) set up a 1000 foot limit, it is
important that cities adopt a limit which will truly protect its children.
Once you make that clear, it doesn't mattel' whether you need to pass an ordinance, or
as in Contra Costa) you get a voluntary agreement to get rid of these ads.
Cigarette and alcohol billboards don't bring your community mucil jobs or tax base, and
they are a blight. However, they are defended by lobbyists who are weU-connected, weH-
funded and very cle"er.
000006
100 37th STREET, ROOM 270 e RICHMOND. CA 94805-2136 * TELEPHONE 510) 374-3231 FAX 510)374-3429
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ing -> 11lTlley'il tell you that the industry's voluntary 500 foot ban on cigarette and alcohol
billboards near schools will get the job done. But kids walk around near schools, and
500 feet is just far enough away for the billboards to be seen well.
They'll tell you that the billboard industry provides important pubic service
an??o?cemerits. l?ut they'll do that t.?',?u'-?lless of vheth?r they L"e dlowed to profit
from helping addict children to nicotine?e.
They'll tell you that the free speech issue is still ufls4?tlCd because the U.S Supreme
Court uphcld the Baltimore billboard l):?n by refusing to hear the appeal. Penn. Adv. of
Baltimore 1997) 35 USLW 372? 997 Westlaw 120 537). However, the at?uinent that
the Baltimore billboard case was not accented for revie? because it was a smaU
insignificant matter ignores several points:
the case invo]ved important free speech clafrns and had received exte?sive
attraction f?orr., the public and the ptess
the Supreme Court previously vacated the Baltimore billboard case j?
and directed the lower court to re?ew it light of 44 Li'?uormart a recelit tj.S.
Supreme Court case involving ads which mention prices of alcoholic beverages).
the Supreme Court accepted. the 44 Uc'uormart case and reversed the
appellate court), even though it involved a much less important dispute about
advertising the price of alcohol beverages. In contrast, the Baltimore case
in"olved a virtual ban on all alcohol and cigarette billboards.
Supporters of the status quo mdy a?so suggest that local governments should jet
Congress oi' the FDA solve this problem. However these actions including the proposed
settlement of tobacco litigation) face lengthy nd uncertain political and legal AJrangling.
In spite of the numerous deverly constiuct?d A rgu nic?ts you hear, the bottoni line
is simple: kids should not see ads which glailoLi?e smoking and dritil?ing anywhere
near schools.
Arid the experience in Contra Costa Countv indica?es that if local government insists on
plotectine Vt om?unity's youth, we will get it.
Please contact my Cigarette and Alcohol Ad?ertising Specialist, Kathleen Harrigan, at my
office, if you need draft ordinances, copies of the legal cases, or other iniorn?ation.
Sinccrcly
OE)007
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City of Temecula
200 Bu?re? Park Drive Temecuja, CA 92?90 MaNJngMdre?? P 0 Box 9033. Temecu?a. CA 9289-9033
Parnc'? H Bro?aI, September 12, 1997
Ronald H Roberr?
M??or Pro-Tern II
Ste?en J For? To the Mayors of all California Cities: awCIYVMAOFNALAGE?usINDEi?T
Co?n?'fmern?e?
RE: Princcss Diana Memorial
Karel F L?ndeman?
Counc?!rnernber
At the City of Temecula's regular Council meeting held on Tuesday September
Jeftrey E Srone 9th, the Council unanrrnously agreed to send a letter of condolence to Princes
Counojrnernber
William and Harry, and to donate a token $100 to the Diana, Princess of Wales
694-?444 Memorial Fund.
FAX 909 o'94-6499
On behalf of the City of Temecula, I would like to invite all California cities to
join Temecula in our effort to acknowledge the passing of a truly great woman.
Sincerely,
CITY OF TEMECULA
Mayor
med or freqtjed A per
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MEMORANDUM
LJ 1(
September 26, 1997
TO: Honorable Members of the City Council
Carl Ingram, Chairperson of the Parks and Recreation
Commission
FROM: Lawrence P. Best
SUBJECT: Resignation From Parks and Recreation Commission
I have been appointed as a Commissioner of the Consolidated
superior/Municipal Courts of Riverside County. To avoid any
conflicts of interest or appearances of impropriety, I feel I
should resign from the Parks and Recreation Commission. As I am
being sworn-in on October 8, 1997, please accept my resignation,
effective immediately.
Thank you for the opportunity to serve the citizens of La Quinta.
1pb94
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C
AGENDA CATEGORY:
rOF BUSINESS SESSION:
COUNCILIRDA MEETING DATE: October 7, 1997 CONSENT CALENDAR:
ITEM TIThE: STUDY SESSION:
Consideration of Providing a City Sponsored Holiday PUBLIC REARING:
Concert
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
This event is not included as part of this year's fiscal budget. Funding in the amount
of $5,000 would have to be allocated from the General Fund Reserve, Account #
101-000-300-290 for the event. A breakdown of the estimated costs are as follows:
Symphonic Band $4,500
Advertising 500
It is also estimated that 30-40 staff hours would be involved in arranging the event.
BACKGROUND AND OVERVIEW:
The City Council at its regular meeting on September 1 6, 1 997, directed staff to
pursue the possibility of providing a holiday concert. This action was prompted by
correspondence from Martin Langer Attachment 1). Staff has contacted Mr. Langer
and has learned the following: Coast Concert Management is a for profit organization
that is proposing to make available the Golden West International Symphonic Band
to perform during the upcoming holiday season. Attachment 2 includes information
on the symphonic band.
It is important to note, that as proposed, this would be a City event, and as such, all
other aspects of the event would be the ultimate responsibility of the City. These
would include, but are not limited to, securing the venue, promotions, etc. A tentative
date for the event is Monday December at 6:30 p.m. Mr. Langer has
recommended the outdoor amphitheater at the La Quinta Middle School as an
appropriate site for the concert, with the ability to move in to the multi-purpose room
in the event of inclement weather. Staff verified that the facility is available on that
date. He has also recommended that the concert be provided free of charge to the
public. OOOI??O
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ing -> 11lFINDINGS AND ALTERNATIVES:
The City continues to contract for services with the non-profit Coachella Valley
Community Concerts Association. Services include in-school musical performances
as well as a series of concerts. A description of those concerts is included as
Attachment 3. In addition to providing free office space to this organization for the
past several years, monetary consideration is also given by the City for their services
$5,000 this fiscal year). The December 1 tentative date for the proposed City
concert would not directly interfere nor compete with the Association's scheduled
performances, in terms of timing or content.
The concept of providing family musical entertainment at the Middle School is not
unique to this proposal. In April of 1 994, the City, in conjunction with the Coachella
Valley Community Concerts Association at that time known as Community Concerts
of La Quinta), presented a series of concerts at the La Quinta Middle School.
Attachment 4 includes information regarding the events. A total budget of $7,500
was allocated for the series in that fiscal year Attachment 5). Due to low attendance
at the concerts, the events were not budgeted in subsequent years.
The alternatives available to the City Council are:
1. Authorize a transfer of funds in the amount of $5,000 from the General Fund
Reserve Account # 101-000-300-290 to the Recreation Special Events
Account # 101-253-661-000, and direct staff to provide a Holiday Concert as
described above; or,
2. Do not authorize the transfer of funds for the event as described; or
3. Forward the proposal to the appropriate Commission for recommendation and
possible inclusion in the next fiscal year budget; or,
4. Provide staff with further direction.
I
Tom Hartung, Director of Building & Safety
oo'-?
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October 7, 1997 BUSINESS SESSION: 2
COUNCILIRDA MEETING DATE:
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of Purchase of a
Plaque recognizing sponsors for the City's Tenth PUBLIC HEARING:
Anniversary Celebration
RECOMMENDATION:
Approve the purchase of a Plaque recognizing sponsors for the City's Tenth
Anniversary Celebration and appropriate the necessary funds from the General Fund
Reserves.
FISCAL IMPLICATIONS:
Depending on the plaque selected, the cost will vary between $4,000 and $9,500.
Costs will be funded from the General Fund Account No.101-000-300-290.
BACKGROUND AND OVERVIEW:
In 1992, the City of La Quinta celebrated its Tenth Anniversary. The Council
appointed a Tenth Anniversary Committee to plan and coordinate the celebration. The
Council approved $30,000 to be spent on the celebration. In addition to the City's
contribution, the Tenth Anniversary Committee raised over $100,000 in in-kind and
direct dollar sponsorship. After the celebration, the Tenth Anniversary Committee had
approximately $20,000 remaining.
At the June 1 6, 1 992 Council meeting, the Tenth Anniversary Final Report was
presented Attachment No. 1). The Committee requested that they be able to
purchase a lasting gift to be placed at the new Civic Center to commemorate the
Tenth Anniversary. The Council directed instead that the money be returned to the
City's general fund and the Council would use some of the money to provide a suitable
plaque placed at or in the new City Hall honoring the Committee and all of those who
contributed to its success. A copy of the minutes of that agenda item is included as
Attachment No.2.
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ing -> 11lStaff has contacted the artist that originally designed the Tenth Anniversary logo and
asked for cost estimates for a plaque. Attachment No.3 is the estimates provided by
Mark Palmer Design. The two options are: 1) 4' x 4' graphics painted and baked into
tile similar to the tile plaques presented to the Tenth Anniversary Committee) and 2)
4' x 4' graphics fabricated of mosaic tile pattern pictures of a smaple tile mosaic are
included as Attachment No. 4). The estimated cost for Option 1 is $3,61 5, and for
Option 2 is $9,015. These estimates do not include the cost of installation which
should not exceed $500. The plaque will be installed to the right of the doors at the
north entrance of City Hall.
The plaque will contain, at a minimum, the Tenth Anniversary logo Attachment No.
5), the date and the list of sponsors who donated $1,000 or more. These sponsors
are:
* Desert Hospital
* Mark Palmer Design
* Palmer Cablevision
* La Quinta Hotel
* Waste Management of the Desert
* Elinor A. Sidner
* Dr. Pearl A. Knight
* Simon Motors
Other information Council may want to consider including on the plaque is the names
of the Committee members, City Council, and all other sponsors approximately 35)
listed according to the level of their contribution.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council are:
1. Approve the painted tile plaque at a cost of $3,615 plus installation and
appropriate funds from the General Fund Reserves, or;
2. Approve the mosaic tile plaque at a cost of $9,01 5 plus installation and
appropriate funds from the General Fund Reserves, or;
3. Provide alternative direction to Staff.
4
J hn M. Falcon r, Finance Director
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BUSINESS SESSION: S
COUNCILIRDA MEETING DATE: October 7,1997
CONSENT CALENDAR:
ITEM TITLE: Consideration of an Award of a contract STUDY SESSION:
for Fritz Burns Park Improvements, Project No.97-
07, to the lowest responsible bidder PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate.
FISCAL IMPLICATIONS:
The 1 996/97 CIP budget has identified funding for the first four prioritized projects
of the approved Park Improvements Prioritized List as follows:
Community Project Fund $ 32,186.00
Infrastructure $114.41 1.00
Total $146,597.00
Less previous expenditures $19,195.00)
Available Balance $127,402.00
Recommended Transfer of Infrastructure Funds $59,000.00
$186,402.00
BACKGROUND AND OVERVIEW:
On July 1, 1 997, the City Council approved the design concept for Fritz Burns Park
Improvements and authorized staff to proceed with finalizing construction drawings
and prepare bidding documents.
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ing -> 11l The project was advertised, and bids were opened on Wednesday, October 1, 1 997.
The following are the results of bids received:
ZAINO TENNIS MALIBU PACIFIC ENGINEER'S
COURTS, INC. TENNIS COURTS ESTIMATE
BASE BID $169,400 $186,000 $118,302
ADD ALT'S $136,240 $137,000 $97,100
TOTAL $305,640 $323,000 $215,402
The base bid included the installation of playground equipment and the development
of a tot-lot" play area which included certain landscape and hardscape modifications
to accommodate the play area), resurfacing of the existing 6) tennis courts and the
conversion of two existing tennis courts at the south end of the complex to roller
hockey rinks.
Additive alternates included, a shade structure for the play area, tennis court fencing,
rubberized play matting, dasher boards for roller hockey, a perimeter tubular steel
fence and shrubbery, high strength roller hockey surfacing and play area concrete
walks.
FINDINGS AND ALTERNATIVES:
There were only two bids received. The apparent low base bid submitted by Zaino
was 43% above the engineer's estimate. This is most likely indicative of a bidders
market due to the immense amount of work available to contractors in the current
economic atmosphere. Listed below are several alternatives staff considered in order
to reduce the price and be able to have the improvements installed in timely fashion.
Alternative 1
Reject all bids, and rebid only the play area and rebid the court restoration and
conversion to roller hockey separately. The average total price of the play area was
$143,000, which would still be above the existing budget, and would cause the court
restoration and roller hockey conversion to potentially never be developed. Due to
the existing condition of some courts it is imperative that they be resurfaced to
continue to be available for use by the public.
Alternative 2
Reject all bids and incorporate this project into the upcoming Fritz Burns Park Pool
project. This alternative, although it may gain the City lower prices when combined
with this larger project, would push the completion of these improvements to a much
later date. Alternative 2 would not be feasible if the City were to complete the Fritz
Burns Park Pool as a Design/Build Contract.
000032 O?2
CI O(?i vpd
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Authorize a transfer of $59,000 from the infrastructure account to the Fritz Burns
Park Improvement account, and award the base bid to the lowest responsible bidder
Zaino). The transfer of infrastructure funds will make up the shortfall in available
funding and provide for a 10% contingency. An accounting is as follows:
Lowest base bid $169,400
10% contingency $ 16,940
Less Project available balance $1 27?402)
Requested infrastructure funds $ 58,938 rounded to $59,000)
Delivery of playground equipment typically takes 4-6 weeks from the date of order,
therefore a tentative schedule for this project is as follows:
Award contract 1 0/07/97
Notice to proceed 11/01/97
Construction Period 45days) 11/01/97 1 2/1 5/97
Project Acceptance 01106/98
Alternatives for the City Council to consider.
1. Authorize a transfer of $59,000 from the infrastructure account to the Fritz
Burns Park Improvement account;
Award a contract for construction of Fritz Burns Park Improvements, Project
No.97-07, in the amount of $169,400 to Zaino Tennis Courts, Inc.
2. Reject all bids and do not award a contract for construction of Fritz Burns Park
Improvements.
3. Provide staff with alternative direction.
ublic Works Director/City Engineer
000033
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ORDINANCE NO.308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE
97-083 RM to TC( RSP) AND RL to TC RSP))
CASE NO.: ZC 97-083
KSL RECREATION CORP. AND ITS ASSIGNS
WHEREAS, the City Council of the City of La Quinta, California, did on
the 16th day of September, 1997, hold a duly noticed Public Hearing to consider the
revised request of KSL Recreation Corp. and its Assigns for a Zone Change from RM
Medium Density Residential) to TC RSP) TouristCommercial with a Residential
Specific Plan Overlay) for property located between Avenida Obregon and Calle
Mazatlan, generally south of the La Quinta Tennis Club and from RL to TC RSP) for
2.4 acres located generally 220 feet south of 50th Avenue and 240 feet east of
Eisenhower Drive; and,
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 1 5th day of September, 1 997, hold a duly noticed Public Hearing to
consider the revised request of KSL Recreation Corp. and its Assigns for a Zone
Change from RM Medium Density Residential) to TC RSP) Tourist Commercial with
a Residential Specific Plan Overlay) for property located between Avenida Obregon
and Calle Mazatlan, generally south of the La Quinta Tennis Club and from RL to TC
RSP) for 2.4 acres located generally 220 feet south of 50th Avenue and 240 feet
east of Eisenhower Drive; and,
WHEREAS, the City Council of the City of La Quinta, California, did on
the 15th day of July, and 5th day of August, 1997, hold a duly noticed Public Hearing
to consider the request of KSL Recreation Corp. and its Assigns for a Zone Change
from RL Low Density Residential, 2-4 Dwellings per acre) to RM Medium Density
Residential, 4-8 Dwelling per acre), or other appropriate zone(s) at the vacant
northeast corner of Calle Mazatlan and Camino Quintana and at the southeast corner
of 50th Avenue and Eisenhower Drive;
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 8th day of July, 1 997, hold a duly noticed Public Hearing to consider the
request of KSL Recreation Corp. and its Assigns for a Zone Change from RL Low
Density Residential 2-4 Dwellings per acre) to RM Medium Density Residential), or
other appropriate zone(s) at the vacant northeast corner of Calle Mazatlan and
000034
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Camino Quintana and at the southeast corner of 50th Avenue and Eisenhower Drive,
more particularly described as:
APN: 631-700-076 through 81, 773-020-021, 026, 029, and 031
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 justify approval of said Zone
Change:
1 This Zone Change is internally consistent with those goals, objectives, and
policies of the General Plan not being amended in that the Zone Change only
affects land uses which already exist as a part of the Plan.
2. This Zone Change will not create conditions materially detrimental to the public
health, safety, and welfare in that the resulting land uses will require City
Council review and approval of future development plans, which will ensure
that adequate Conditions of Approval.
3. The new and zone designation is compatible with the designations on adjacent
properties because the City Council review and approval will ensure
compatibility and in some areas, the adjacent use is similar due to its resort
nature.
4. The new zone designation is suitable and appropriate for the properties
involved because it is an extension of the existing resort or a use commonly
associated with the existing uses.
5. The situation and general conditions have substantially changed since the
existing zone designations were imposed in that the resort market has created
a market for additional rental units and rooms; and,
WHEREAS, the Planning Commission did recommend approval of a
revised Zone Change;
The City Council of the City of La Quinta does ordain as follows:
SECTION 1: The property shown and depicted for such rezoning on the map
which is attached to and made a part of this Ordinance, and which attached map is
labeled Exhibit A", Zone Change 97-083.
O()003j
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SECTION 2: Said Zone Change request has complied with the requirements
of the California Environmental Quality Act of 1970 as amended), pursuant to the
adoption of Resolution 83-68 by the City Council, in that the Community
Development Director has conducted an initial study and determined that the Change
of Zone will not have a significant adverse impact on the environment and a
Mitigated Negative Declaration of Environmental Impact has been certified.
SECTION 4: POSTING. The City Clerk shall certify 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:
GLENDA L. HOLT, Mayor
City of La Quinta, California
ATTEST:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
000036
DAWN HONEYWELL, City Attorney
City of La Quinta, Cal:fornia
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ORDINANCE NO.309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
AMENDING TITLE 2, CHAPTER 2.85
OF THE LA QUINTA CHARTER AND MUNICIPAL CODE
WHEREAS, Chapter 2.85 of the La Quinta Municipal Code the Code") sets
forth general purposes, objectives, and powers and duties of the Cultural
Commission in the City of La Quinta the City"); and
WHEREAS, the City desires to broaden the scope of the existing ordinance
by enhancing the purpose and duties" and the powers and duties" of the Cultural
Commission; and
WHEREAS, the City believes that these changes Will allow the Cultural
Commission to more effectively address the enrichment of the community through
culture and the arts; and
WHEREAS, the City believes that these changes are in the best interests of
the citizens of the City of La Quinta.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
Section 1. Amend the La Quinta Municipal Code as follows:
AMEND CHAPTER 2.85 OF THE CODE AS FOLLOWS:
Amend 2.85.020 Purpose and objectives and A) and C) as follows:
2.85.020 Purpose and objectives.
The general purpose of the commission is to encourage La
Quinta's development of culture including cultural events and
activities, promoting the literary, performing and visual arts, and
retention and advancement of cultural heritage and institutions.
Objectives of the commission are as follows:
A. To advise the city council on matters affecting the culture of
the city and to advise and assist other city boards, committees
and commissions in the field of the arts and to cooperate and
work with cultural organizations;
000039
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ing -> 11l( C. To undertake and carry out functions reasonably necessary to
accomplish the objectives and to discharge the functions of the
commission; and to exercise such other functions as may be
prescribed by the city council. These functions may involve
cultural and arts-related disciplines and activities, including, but
not limited to the following:
1. Performing arts, such as drama, music and dance,
2. Visual arts, such as painting, sculpture, photography, graphics,
video art and applied art,
3. Literary arts, such as literature, poetry and journalism,
4. Communications arts involving film, television, radio, and
technology,
5. Arts education, such as schools, libraries and community
education, and
6. Recommending funding, such as fund raisers, representatives
of public and private funding agencies and art patrons.
7. Ethnic, institutional, or intellectual endeavors characteristic of
La Quinta residents."
Amend 2.85?O80 Powers and duties and A) and H) as follows:
2.85.080 Powers and duties.
The powers and duties of the cultural commission shall be as
follows:
A. Advise the city council on matters pertaining to culture and the
arts in the City of La Quinta;
H. Make recommendations concerning the spending of moneys
which may be earmarked for cultural and art purposes by the
council from time to time;
Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty 30) days after its adoption.
Section 3. POSTING: The City Clerk shall cause this Ordinance to be
posted in at least three public places designated by resolution of the City Council,
shall certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
000040
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ing -> 11l) PASSED, APPROVED AND ADOPTED, this 16th day of September 1997 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
GLENDA L. HOLT, Mayor
City of La Quinta, California
ATTEST:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
000041
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BUSINESS SESSION
OLJN('IIIRDA MEETING DATE: OCTOBER 7,1997 CO?SENT CALENDAR
ITEM i.I?i?I E:
STUDY SESSION
Demand Register Dated October 7.1 997 PUBLIC HEARING
RECOMMENDATION: Approve Demand Register Dated October 7, 1997
I3ACKGROUN P:
Prepaid Warrants:
30448? 200.00
30449 30453? 46,444.79
30454? 195.00
30455 30461 10,192.84
F46.9 821.84
304(?6 30471 29,875.59
3()472 3()476? 3,589.17
3()477-3049I? 75000
30492 30493? 296.50
Wire Transfer.?? 576,1 1840
I)!? I 6594 16677 82851.42
PIR T?x Transfers? 22,261.14 CITY DEMANDS $1,405,742.13
Pavable Wari-auts:
30494 30657? 766,211.01 RDA DEMANDS 134,065.. 57
$1,539,807.70 $1,539,807.70
FISCAL IMPLICATIONS
Deniatid of Ca?h City $1 40? 742 I
oIl MI aI?oner Iitian?e Diie?toi
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ing -> 11lS AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: October 7, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Denial of Claim for Damages Filed
by Eddie Franco, Date of Loss PUBLIC HEARING:
August 21,1997
RECOMMENDATION:
Deny the Claim for Damages filed by Eddie Franco, date of loss August 21, 1997.
FISCAL IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The attached claim Attachment #1) filed by Eddie Franco, date of loss August 21,
1 997, was forwarded to Carl Warren & Co. Carl Warren & Co, 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 Carl Warren & Co.;
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CPL4O:;?
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: October 7, 1997 CONSENT CALENDAR:
ITEM TIThE: STUDY SESSION:
Approval of Overnight Travel for one Building and Safety PUBLTC HEARING:
Inspector to Attend the California Building Officials Training
Institute, Mission Inn, Riverside, CA., October 20-23, 1997
RECOMMENDATION:
Approve the overnight travel for one Building and Safety Inspector to attend the
California Building Officials CALBO)Training Institute.
FISCAL IMPLICATIONS:
The costs associated with the attendance at the training will be funded through the
Building and Safety, Travel and Meeting fund, Account #101-354-637-000.
The breakdown of estimated expenditures for this seminar are as follows:
* Registration $ 395.00
e Lodging 285.00
* Meals 200.00
Total $ 880.00
BACKGROUND AND OVERVIEW:
The CALBO Training Institute is devoted to furthering the professional development of
California building department personnel. The instruction will include the following:
Plumbing Code, Non-Residential Disabled Access, Building Department Administration,
and the Mechanical Code. The training will benefit the City by continuing employee
education in related building issues. Seminar information is attached Attachment 1).
FINDINGS AND ALTERNATIVES:
The alternatives available to the Council are:
1. Approve the overnight travel for one Building and Safety Inspector to attend the
the CALBO Training Institute;
2. Deny the request for overnight travel.
OOOO??
Tom Hartun;????7
Director of Building & Safety
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BUSINESS SESSION:
COUNCILIRDA MEETING DATE: October 7, 1997 CONSENT CALENDAR: IL
ITEM TIILE: STUDY SESSION:
Approval of an Agreement for Law Enforcement PUBLIC HEARING:
Services Between the City of La Quinta
and the County of Riverside
RECOMMENDATION:
Approve the agreement for law enforcement services between the City of La Quinta
and the County of Riverside.
FISCAL IMPLICATIONS:
None at this time. The total amount currently budgeted for law enforcement services
for Fiscal Year 1 997/98 is $2,606,41 6. The funding levels for subsequent years of
this five year agreement are determined during the respective fiscal year budget
processes.
BACKGROUND AND OVERVIEW:
The City of La Quinta has contracted for law enforcement services with the County
of Riverside since the incorporation of the City. The current five year agreement will
expire on November 29,1997. Upon approval, the proposed agreement would
become effective immediately and be in effect until June 30, 2002. The terms of the
proposed agreement are essentially the same as the current contract with minor
changes as described in Attachment 1. The changes have been reviewed by the City
Attorney.
FINDINGS AND ALTERNATIVES:
Contracting with the County of Riverside has proven to be an effective method by
which to provide law enforcement services to the citizens of La Quinta. The current
level of service is included as Attachment A" of the agreement. This staffing level
may be altered at any time during the term of the agreement by use of a formal
written amendment executed by both parties.
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ing -> 11l[The alternatives available to the City Council are:
1. Approve the agreement for law enforcement services between the City of La
Quinta and the County of Riverside;
2. Refuse to approve the agreement;
3. Provide staff with further direction.
4M??
Tom Hartung Director 6f Building & Safety
Attachments:
Attachment 1 Memorandum outlining differences between proposed and current
contract
OOOO9?
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U
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: October 7, 1997 CONSENT CALENDAR:
ITEM TITLE: Approval of a Professional Services STUDY SESSION:
Agreement to Provide Field Inspection Services for
Various Capital Improvement Projects during Fiscal PUBLIC HEARING:
Year 1 997/98
RECOMMENDATION:
Authorize the Citv Manager to execute a Professional Services Agreement with the
firm of Hernandez, Kroone & Associates, in an amount not to exceed $131,200 for
Fiscal Year 1997/1998 capital improvement projects field inspection services.
FISCAL IMPLICATIONS:
Sufficient funding is available within the approved Capital Improvement projects
budget to continue Inspection Services. The consultant will be assigned to the
following projects:
PROJECT ACCOUNT NO. AVAILABLE
BALANCE
Miles Avenue at Washington Street 401-631-901-000 $11,254
Avenue 48 Extension 401-632-609-000 $32,800
PM1O Improvements 401-633-901-000 $39,200
Washington Street/Avenue 48 Signal 401-634-901-000 $8,547
Dune Palms/Whitewater Crossing 401-641-901-000 $35,048
Various Citywide Landscape Improvements 401-627-901-000 $28,708
TOTAL $155,557
As illustrated, more than adequate funding is available to support Staff's
recommendation.
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ing -> 11lg BACKGROUND AND OVERVIEW:
During the City Council meeting of July 1, 1997, the City Council acknowledged the
need for professional services to provide field inspection services for various capital
improvement projects. The City Council then approved a Consultant Selection
Committee; approved a Request for Proposals for Miscellaneous Construction
Observation and Inspection Services for Various Fiscal Year 1997/98 Capital
Improvement Projects; authorized staff to receive proposals from qualified firms and
authorized staff to negotiate the terms of a Professional Services Agreement with the
most qualified firm, as determined by the Consultant Selection Committee, which was
to be considered by the City Council at a future date.
The Consultant Selection Committee consisted of the following:
John Freeland, Senior Engineer
Mark Weiss, Assistant City Manager
Steve Speer, Senior Engineer
The firms that were interviewed consisted of the following:
Hernandez, Kroone & Associates San Bernardino, Ca.
Tn Lake Consultants Perris, Ca.
Berryman & Henigar Palm Springs, Ca.
Converse Consultants Redlands, Ca.
The Consultant Selection Committee chose the firm of Hernandez, Kroone &
Associates as most qualified". Staff negotiated a contract price, utilizing maximum
salary, overhead rates, and profit.
Typical services to be provided by Hernandez, Kroone & Associates include, but are
not limited to:
* Provide technical field representatives to monitor the construction of a
variety of Capital Improvement and Developer's projects.
* Preparation and tracking of project schedules.
* Preparation of necessary correspondence, reports, and memorandums
necessary to administer various City capital improvement projects.
* Monitor and report on project(s) status.
cTh
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ing -> 11lhFINDINGS AND ALTERNATIVES:
Hernandez, Kroone & Associates HKA) demonstrated the ability to provide qualified
personnel to perform construction observations and field inspections exceeding the
City's service requirements. In addition, HKA's negotiated hourly rate of $41 is
exceptionally competitive compared to that of other firms.
Alternatives for the City Council to consider;
1. Authorize the City Manager to execute a Professional Services Agreement with
the firm of Hernandez, Kroone & Associates in an amount not to exceed
$131,200 to Provide Construction Observation and Field Inspectidn Services
for Fiscal Year 1997/98.
2. Do not authorize the City Mana9er to execute a Professional Services
Agreement with the firm of Hernandez, Kroone & Associates for Construction
Observation and Field Inspection Services for Fiscal Year 1997/98. This
alternative may have the affect of delaying the completion of future and
pending CIP projects.
3. Provide staff with additional or alternative direction.
Chris A. Vog
Public Works Director/City Engineer
CAV:JMF
000104
003
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ing -> 11lx AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: October 7, 1997 CONSENT CALENDAR:
ITEM TITLE: Approval of Renewal of an STUDY SESSION:
Encroachment Permit Issued to KSL Recreation
Corporation, Authorizing a Golf Cart Crossing on PUBLIC HEARING:
Park Avenue
RECOMMENDATION:
1. Authorize the Public Works Director to renew encroachment permit #2590
allowing KSL Recreation Corporation to continue implementation of a golf cart
crossing on Park Avenue.
2. Authorize the Public Works Director to renew encroachment permit #2590 on
an annual basis without City Council consideration as long as no adverse
issues arise during the previous year.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
In 1995, KSL Recreation Corporation requested authorization to install a golf cart
street crossing on Park Avenue 700 feet north of the 900 turn where Calle Tampico
joins Park Avenue. The need for this crossing emanates from KSL's decision to shift
club membership rights from the Mountain Course, near the La Quinta Hotel, to the
Citrus Course. KSL desired to accommodate the club members that live in the Santa
Rosa Cove and Duna La Quinta subdivisions by providing a travel route for golf carts
from these respective subdivisions through the Dunes Course to the Citrus Course.
The entire travel route from the Mountain/Dunes Course clubhouse to the Citrus
Course clubhouse, except for the Park Avenue crossing, is via private streets and golf
course cart paths.
On May21, 1996, the City Council adopted Resolution 96-31, See Attachment #1),
which conditionally approved the installation of this golf cart crossing. Through City
coordination, the golf cart crossing plan was reviewed and approved. An
encroachment permit, permit #2590, was issued to KSL authorizing the golf cart
crossing construction, which was inspected pursuant to the conditions of approval
for Resolution 96-31. Those conditions were met by KSL, however, condition #10
of that resolution set the initial term of the permit to six 6) months, with renewal on
an annual basis at the sole discretion of the City Council. Due to the fact that
ooo1,?o
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ing -> 11lyencroachment permit #2590 expired on September 20, 1 997, its renewal requires
consideration by the City Council.
Currently, there are 37 club members who are authorized to use the Park Avenue golf
cart crossing. To date, there have been no negative impacts resulting from the
installation of the golf cart crossing on Park Avenue. No traffic accidents involving
golf carts crossing Park Avenue have been reported, nor have any complaints been
received by the City regarding the use of Park Avenue by golf carts and KSL golf club
members.
FINDINGS AND ALTERNATIVES:
The City Council originally adopted Resolution 96-31, conditionally approving
implementation of a golf cart crossing on Park Avenue. An encroachment permit was
issued, allowing KSL Recreation Corporation to utilize Park Avenue right-of-way for
such use. Pursuant to the City Council's adoption of Resolution 96-31 and its
conditions, the City Council has the option of renewing an encroachment permit
allowing KSL Recreation Corporation to continue the implementation of a golf cart
crossing on Park Avenue.
Alternatives available to the City Council:
1. Authorize the Public Works Director to renew encroachment permit #2590 and
authorize the Public Works Director to renew encroachment permit #2590 on
an annual basis without City Council consideration as long as no adverse
issues arise during the previous year.
2. Authorize the Public Works Director to renew encroachment permit #2590 and
do not authorize the Public Works Director to renew encroachment permit
#2590 on an annual basis without City Council consideration.
3. Deny renewal of an encroachment permit issued to KSL Recreation
Corporation, and provide staff with additional direction.
Chris A. Vo
Public Works Director/City Engineer
CAV:MF
Attachments: #1 Resolution 96-31
002
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ing -> 11l 4OFW? AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE.. October 7, 1997 CONSENT CALENDAR:
ITEMTITLE: Approval of an Amendment to the STUDYSESSION:
Pavement Management System Professional Services
Agreement to include residential streets for a cost PUBLIC HEARING:
not to exceed $20,000
RECOMMENDATION:
Approve an Amendment to the Pavement Management System Professional Services
Agreement to include residential streets for an amount not to exceed $20,000.
FISCAL IMPLICATIONS:
There is currently 200,000 available in Public Works Street Maintenance, Contract
Services Account No. 101-453-609-000. This account provides for contracted
maintenance activities associated with the City's Comprehensive Street Maintenance
Program. Therefore, there are adequate funds available for this recommendation.
BACKGROUND AND OVERVIEW:
During the January21, 1997 City Council meeting, Council awarded a Professional
Services Agreement to Berryman and Henigar for preparation of the City's Pavement
Management System PMS) in the amount of $86,076.10 The scope of services to
be provided by Berryman and Henigar are as follows:
Citywide Street Sign Inventory
Citywide Street Sign Condition Evaluation
Citywide Street Sign Picture Linking to Maplnfo
Citywide Street Segment Inventory
Providing Pavement Condition Survey Arterial and Collector)
Updating City's Maplnfo Basemap
Providing Pavement Management System Training
Provide a Five Year Maintenance/Budget Forecast
On September 9, 1997, staff held a progress meeting with Berryman and Henigar's
Project Manager. At this meeting, staff was informed project data gathering and
input was nearing completion. Upon completion, the PMS software program and City
of La Quinta street data will be incorporated into the Public Works Department
computer system. OOOl2j?
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ing -> 11l As outlined above in the Scope of Services, the pavement condition survey was
conducted on arterial and collector streets only. The decision to conduct this survey
on arterial and collector streets only was based on the following criteria:
Age and condition of existing arterial and collector streets.
Age and condition of existing residential streets excluding unimproved
areas).
Fiscal Year 1 996/97 available funding for the PMS.
At the September 9, 1 997 meeting referenced above, Berryman and Henigar
submitted a Proposal Attachment 1) to provide a pavement condition survey for all
residential streets citywide. The proposal amounts to $20,000 if combined with the
current project. This results in a $9,000 savings as opposed to having the work
completed by a consultant in the future.
The Scope of Services under the original contract also provided for training of City
staff to complete road ratings and input the information into the computer data base.
Although this can occur with in-house staff, it is an extremely time intensive process.
With City staff's other duties, it would be a significant amount of time before the
Pavement Management System would be completed for all of the City streets. Due
to the nature of deterioration of pavement, it is important that a Capital Improvement
Program based on a Pavement Management System for all City streets be established
as soon as possible. In order to have a complete Pavement Management System of
all City streets, it is recommended to incorporate the residential streets into the City's
Pavement Management System, Five Year Maintenance/Budget Forecast.
FINDINGS AND ALTERNATIVES:
Available Alternatives:
1. Approve an Amendment to the Pavement Management System Professional
Services Agreement to include residential streets for an amount not to exceed
$20,000.
2. Deny approval of an Amendment to the Pavement Management System
Professional Services Agreement to include residential streets for an amount
not to exceed $20,000.
3. Provide staff with alternate direction.
Fo? Ch is A. Vogt
lic Works Director/City Engineer
00012G
Attachment 1: Berryman & Henigar Proposal
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OF
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: October 7, 1997 CONSENT CALENDAR:
ITEM TITLE: Approval of Agency State Agreement to STUDY SESSION:
provide Surface Transportation Program STP) Funding
toward Dune Palms Road Whitewater Channel, PUBLICHEARING:
Project No.97-06
RECOMMENDATION:
Authorize the City Manager to Execute Agency-State Supplemental Agreement STPL
5433 002) covering: Construction of the Dune Palms Road Whitewater Channel
Improvement Project, City Project No.97-06.
FISCAL IMPLICATIONS:
If approved, the City will be reimbursed up to an amount equal to 88.53% of the
project costs, or a maximum of $266,000.
Funding and sources currently available for this project are as follows:
Fund Source assigned to this nroiect) Account No. Amount
Surface Transportation Fund 401-000-466-486 $266,000.00
City Infrastructure Fund 401-000-493-000 $528. 145.00
Total: $794,145.00
Less Prior Expenditures: $ 49.782.43
Remaining Available Funding: $744,362.57
The Engineers Estimate for this Project is: $682,600.00
BACKGROUND AND OVERVIEW:
This project is a low water crossing and reconstruction of Dune Palms Road from
Highway 111 to the Whitewater River. The original crossing was washed out in the
winter of 1993. Also included within the improvement are signal modifications at the
intersection of Highway 111 and Dune Palms Road.
Executing the Agreement with the State is the last step in securing Surface
Transportation Program funds for this Project. The reimbursement share is 88.53%
of construction. Therefore, the City's mandatory distribution share is approximately
$34,464. However, due to scope of work additions, which included the relocation
of a CVWD water main and the construction of a traffic signal at Highway 111, the
City's total contribution will exceed $500,000. Finally, if approved, this Staff Report
and subsequent Minute Order will serve as identification of the project and the official
authorized to execute the agreement.
OOO1()'O
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ing -> 11lFINDINGS AND ALTERNATIVES:
The following schedule is currently anticipated:
Advertising/Bid Period 09/10/97 10/15/97
Bid Opening 10/15/97
Award Contract 10/21/97
Notice to Proceed 10/22/97
Construction Period 10/23/97 01/20/98
Project Complete March 98
Alternatives for the City Council to consider:
1. Authorize the City Manager to Execute Agency-State Agreement STPL 5433
002) covering: Construction of the Dune Palms Road Whitewater Channel
Improvement, City Project No.97-06. If this alternative is approved, the City
will be reimbursed up to an amount equal to 88.53% of the project costs, or
$266,000, whichever is less.
2. Do not authorize the City Manager to execute the Agency State Agreement
STPL 5433 002). If this alternative is chosen the City will not receive
reimbursement of STP Funding up to $266,000.00
3 Provide staff with alternative direction.
Chris A V
Public Works Director/City Engineer
000131 002
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U-
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: October 7, 1997 CONSENT CALENDAR: 9
ITEM TITLE: Consideration of a Resolution of the STUDY SESSION:
City of La Quinta Declaring Its Intent to Vacate a
Portion of Public Utility Easements Located in the La PUBLIC HEARING:
Quinta Golf Estates, Unit number 1, Case No.97-
035.
RECOMMENDATION:
Adopt a resolution declaring the City Council's intention to vacate the five-foot-wide
public utility easements which cross Lots 14 and 19 of the La Quinta Golf Estates,
Unit Number 1.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
General Procedure
State law1 gives authority to the City Council to vacate offers of public easements,
or portions thereof, that it finds are unnecessary for present or prospective public
purposes. The statute prescribes a specific procedure under which the vacation may
be implemented. The vacation process requires that the City Council adopt a
resolution that declares its intent to vacate the specifically identified portions of
easement offered for dedication. The resolution of in tent sets a date and time for a
public hearing to hear evidence offered by any interested person. The public hearing
must occur at least fifteen days after the resolution of intent is adopted; the proposed
public hearing date is October 28, 1 997, which provides a twenty-one day noticing
period.
000135
1
California Streets and Highways Code, commencing with Section 8300, which is entitled the
Public Streets, Highways, and Service Easements vacation Law.
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ing -> 11lThe proposed Notice of Intent Resolution contained herewith sets in motion a number
of administrative activities that are required to occur prior to the public hearing at
which the Council approves or denies the proposed vacation of public utility
easements. These activities include posting notices at all proposed easement
vacation locations and publishing a public hearing notice in the newspaper. The
Planning Commission made a General Plan consistency finding approving the
proposed vacation of public utility easements at its September 15, 1997, meeting.
Pronosed Street Vacation
The proposed area of vacation is the five-foot-wide public utility easements across the
rear of Lots 14 and 19 of the La Quinta Golf Estates, Unit Number 1, See
Attachment 1). These two lots abut one another, and have been merged into one lot
pursuant to Parcel Merger 96-316, which was approved by the Community
Development Department on April 22, 1997. As a result, the existing two 2), five-
foot-wide public utility easements which run along the rear of each lot now create a
ten-foot-wide public utility easement which runs through the middle of the newly
merged lot.
This ten-foot-wide public utility easement creates an unbuildable area, limiting the
property owner's ability to improve and build on the property. The property owner's
current plans include building a 5,600 square foot residence and guest house,
pending approval under Minor Use Permit 97-008. However, these plans have been
placed on hold, and issuance of a building permit is pending until the two 2), five-
foot-wide public utility easements which run through the middle of the property are
properly vacated and abandoned.
Utility companies in the City have already been notified of the proposed vacation of
the public utility easements. As seen in Attachment 2; CVWD, The Gas Company,
and GTE have indicated that they have no objection to the proposed public utility
vacation. Those utility companies do not have any facilities within the five-foot-wide
public utility easements.
However, lID and Media One have indicated that existing underground electrical and
television cable facilities will require relocation into another public utility easement
dedicated for their use prior to vacation of the public utility easements As a result,
the applicant has offered to lID a privately dedicated easement along the west side
of Lot 19, See Attachment #3), fronting on San Pedro Street for the relocated
underground utilities, and the utility companies have agreed to relocate those facilities
into that easement.
OO()13?
002
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ing -> 11lFINDINGS AND ALTERNATIVES:
The attached resolution declares the City's intent to vacate the five-foot-wide public
utility easements across Lots 14 and 19, of the La Quinta Golf Estates, Unit Number
1. It is not the final act with regard to the vacation process; it is the official act that
initiates the proposed vacation for consideration. A public hearing must be held
before the vacations can be approved. A public hearing is scheduled for November
4, 1997. The proposed vacation has been presented to the Planning Commission and
found to be consistent with the La Quinta General Plan.
Alternatives:
1 Adopt the resolution declaring the City Council's intention to vacate the five-
foot wide public utility easements across Lots 14 and 19, of the La Quinta Golf
Estates, Unit Number 1
2. Reject the Resolution of Intention and provide staff with additional direction.
Chris A. Vogt
Public Works Director/City Engineer
CAV:MF
Attachments: #1 Street Vacation Case No.97-035 General Vicinity Map
#2 Utility Company Responses
#3 Private Easement to lID
oOO13?
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ing -> 11l DEPARTMENT REPORTS. A-I
z
OF TY'??
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manage?/)
DATE: October 7, 1 997
RE: Department Report-Response(s) to Public Comment
The following are responses to public comments made at the September 1 6, 1 997
City Council meeting:
1. Mr. Ivan Price, ABC Recovery Center? spoke regarding the Center's current
status and plans and distributed written information about the Center to the
Council.
* Staff sent a letter to Mr. Price thanking him for supplying the information
and letting the City know of the Center's plans.
2. Mr. Fred Wolff spoke regarding political campaigning.
* No response necessary.
MEMOCCPURLIC1697?pd
OOOi?.?
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ox
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager
DATE: October 7, 1 997
RE: City Manager Department Report Transmittal of List of
Tentative Agenda Items for October 28, 1997, City Council
Study Session, 1:30 p.m.
The items to be placed on the agenda for the Council Meeting Study
Session scheduled for October 28, 1 997, 1:30 p.m., include the
following:
* Public Hearing on Street Vacation 97-035 to vacate a portion of
a Public Utility Easement located within the La Quinta Golf
Estates, Unit No. 1
* Presentation by Cal Poly's students Village Plan as given by Dr.
Lloyd of Cal Poly
* Presentation by Catellus Housing of a planned residential
development on Agency-owned property located northwest of the
intersection of Jefferson Street and Avenue 48
000183
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o
0
z
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JERRY HERMAN, COMMUNITY DEVBLOPMENT DIRECTOR?
DATE: OCTOBER 7, 1997
SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF AUGUST
Attached please find a copy of the Community Development Status Report. These are the current
cases staffis working on that require action by the Planning Commission and/or City Counci].
000184
P:\cw\CCJH[)EPT.RJ? 1
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*
TO: HONORABLE MAYOR AM) MEMBERS OF THE CITY COUNCIL
FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTO?
DATE: OCTOBER 7, 1997
SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF SEPTEMBER
Attached please find a copy of the Community Development Status Report. These are the current
cases staffis working on that require action by the Planning Commission and/or City Council.
000183
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