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2003 12 02 CC Minutes LA QUINTA CITY COUNCIL MINUTES DECEMBER 2, 2003 A regular meeting of the La Quinta City Council was called to order at the .hour of 2:00 p.m. by Mayor AdolPh. PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. .Conference with legal counsel pursuant *to Government Code SeCtion' 54956.9(c) - initiation of litigation (one matter). , Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting reconvened with no .decisions being made in Closed Session which require reporting pursuant to SectiOn 54957.1 of the Government Code (Brown Act). Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Rick Post, 77-125 Indiana Avenue, Palm Desert, of College of the Desert, requested the City Council as a body and as individuals, tO endorse their bond campaign for facility improvements to the college. In reSponse to Council Member Sniff, Mr. Post reviewed the efforts and ~.. accomplishments of the public safety academy and confirmed the training is the ~ same as offered at the Ben Clark Center. City Council Minutes 2 December 2, 2003 In response to Council Member Perkins, Mr. Post stated the training at the academy is for all law enforcement agencies and is the same training received at other facilities. Council Member Henderson suggested this matter be placed on the December 16, 2003, City Council agenda. Mayor Adolph indicated he and the City Manager serve on a committee that is looking for property for development of a campus in the East Valley. Council Member Perkins stated he and members of his family all graduated from different training academies but the standard was the same at all sites. Mr. Post stated the public safety academy is a significant 'part of their overall plan but so are the infrastructure and improvements to existing facilities. He noted this is the first time the college has asked for funding since 1964. Charlie Coulter, 49-111 Washington Street, of Villas at La Quinta, commented on the sound study done for Washington Street, and stated the noise level at Villas at La Quinta is even higher since some of the oleanders have died. He realizes the Villas at La Quinta are not part of the DIF but understands there is money to do the wall. He asked what residents can do to move this along, and commented on the need for better communication on this issue with the residents. Council Member Henderson noted part of Council's direction was to have communication with the residents, including the consultant's suggestion for using Plexiglas. She stated there is no money available for a wall at this time. Acting City Manager Weiss noted the DIF is updated periodically, and stated the Public Works Director would be in contact With him. David Herrera, 28851 Avenida Ducasa, Cathedral City, asked for Council's assistance in getting the Code Enforcement Department to stop giving him citations for his property in La Quinta. He doesn't feel he should be cited because he keeps his property cleaned. He feels he is being harassed because he is Hispanic. Mayor Adolph advised the' Code Enforcement Department will be in contact with him. CONFIRMATION OF AGENDA - Confirmed City Council Minutes 3 December 2, 2003 ANNOUNCEMENTS - None PRESENTATIONS - None · · WRITTEN CORRESPONDENCE 1. 'CORRESPONDENCE FROM JOHN A. JAMES, CHAIRMAN OF CABAZON BAND OF MISSION INDIANS. Council Member Henderson stated she feels a response to the letter would' be appropriate and noted the letter was received too late to schedule a visit in OctOber. Council cOncurred. · APPROVAL OF MINUTES - None CONSENT CALENDAR .r 1, APPROVAL OF DEMAND REGISTER DATED DECEMBER 2. 2003. ~ 2. APPROVAL OF DECLARATION OF SURPLUS PROPERTY 3. APPROVAL OF BANKING SERVICES CONTRACT WITH WELLS FARGO BANK. · 4. DENIAL OF CLAIM FOR DAMAGES FILED BY MITCHELL CLARK - DATE OF LOSS: NOVEMBER 5, 2003. 5. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD TO UTILIZE THE CITY COUNCIL CHAMBERS ON JANUARY 14' MARCH 10, MAY 12, JUNE 30., SEPTEMBER 8, AND NOVEMBER 10, 2004, FROM 9:00 A.M. TO 2:00 P.M. 6. · ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 31627, THE RESIDENCE CLUB AT PGA WEST, - NADADOR, LLC. .(RESOLUTION NO. 2003-116) ~ 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO · ATTEND THE INTERNATIONAL MUNICIPAL CLERK'S ANNUAL CONFERENCE IN WHISTLER, B.C. CANADA, MAY 23-27, 2004. City Council Minutes 4 December 2, 2003 8. APPROVAL TO: 1) APPROPRIATE FUNDING TO INCLUDE THE LA QUINTA PARK SKATE PARK IMPROVEMENTS WITHIN THE FISCAL YEAR 2003/2004 CAPITAL IMPROVEMENT PLAN; 2) APPROVE A REQUEST FOR PROPOSALS (RFP) TO OBTAIN DESIGN/BUILD SERVICES; AND 3) APPOINT A CONSULTANT SELECTION COMMITTEE. MOTION - It was moved by Council Members Henderson/Sniff to approve the Consent Calendar as recommended and with Item No.6 being approved by RESOLUTION NO. 2003-116. Council Member Sniff referenced Item No. 8, and stated he is still concerned about Council Members not being included on Consultant Selection Committees. Motion carried unanimously. MINUTE ORDER NO. 2003-117. BUSINESS SESSION 1. CONSIDERATION OF ARTIST BRIDGE RAILINGS FOR WASHINGTON STREET AND JEFFERSON STREET BRIDGES NORTH OF HIGHWAY 111 AND EISENHOWER DRIVE NORTH OF CALLE TAMPICO. Community Services Director Horvitz presented the staff~report. Council Member Perkins suggested staying with the same design used currently on the Washington and Jefferson Street bridges. Council Members Osborne and Sniff concurred. Ms. Horvitz stated the fUnding is for construction of the artistic railings, not the design. She stated the cost works out to. approximately $100 per linear foot. Mayor Adolph voiced concern about depleting the Arts in Public Places (APP) fund. '. Ms. Horvitz confirmed the artistic railings do not have to be paid out of the APP fund as has been done in the past. She stated the Cultural Arts Commission will be considering approximately 8350,000 in art projects over the next ,tWo meetings. City Council Minutes 5 December 2, 2003 Public Works Director Jonasson stated the City is working With CVAG on Measure A money for the Jefferson Street bridge and is in the process of tracking one down for the Eisenhower Drive bridge but there is no proposed capital project for artistic treatments on the Washington Street bridge. He suggested Council might want' to leave money there for the railings if they are going to pull it from the other two bridges. Council Member Henderson stated she recalls direction being given in 2001 to go ahead with decorative railing on the Washington Street bridge, and feels it's critical to move forward with that bridge. She noted the jefferson Street bridge is two years away and suggested keeping it on the table but not appropriating funds for it right now. She asked about the statuS of the. Eisenhower Drive bridge, and Mr. Jonasson responded there are .no construction dollars for the bridge at this time. She stated she supports uSing the APP funds for the Washington Street bridge railings. Council Member Sniff concurred with doing the Washington. Street bridge railings now and dealing with the other bridges later. Ms. Horvitz indicated the estimated cost for the Washington Street bridge railings is ~ 103,000. MOTION - It was moved by Council Members Sniff/Osborne to direct staff to use the same bridge design to construct artistic bridge' railings on the Washington Street bridge, and to appropriate up to 8110,000 from the Art in Public PlaCes Fund. Motion carried unanimously. MINUTE ORDER NO. .2003-118. 2. CONSIDERATION OF A CLOCK TOWER ON THE.CIVIC CENTER CAMPUS. Community Services Director Horvitz presented the staff report. In response to Council Member Perkins, Ms. Horvitz stated the Cultural Arts Commission feels the clock tower could be a gathering place and focal point for the Civic Center Campus. Council Member Perkins commented on chimes .being a disturbance for nearby residences, and stated he is not in favor of it. Council Member Henderson stated she understands the' Cultural Arts Commission has put a lot of time in this and is receptiVe to it being'a future project. She suggested, saving the planning documents to date and bringing it forward when the library is built. City Council Minutes 6 December 2, 2003 Council Member Sniff stated he feels it would be a waste of money, and doesn't support postponing it to sometime in the future. He views it as an eyesore and not an asset, and agrees the chimes would disturb residents in the area. Council Member Osborne stated he feels there may be a better use for the fUnds when the library is built. He agreed with postponing it to sometime in the distant future. Mayor Adolph noted Palmers Restaurant has a clock tower and Wells Marvin has talked about putting one in Old Town. He believes they add ambiance and that people get used to the chimes but he will go along with the majority. MOTION - It was moved by Council Members Henderson/Perkins to table consideration of a clock tower on the Civic Center Campus and direct staff to keep the plans and materials for future consideration in conjunction with the library construction. Council Member Sniff questioned the need to table this matter, and stated he will not support the motion. Motion carried' with Council Member Sniff voting NO. MINUTE ORDER NO. 2003-119. 3. CONSIDERATION OF A SCULPTURE HONORING PUBLIC SAFETY OFFICERS AT THE CIVIC CENTER CAMPUS. C°mmunity Services Director Horvitz presented the staff report. Council Member Henderson stated she supports the Cultural Arts Commission's recommendation. Council Member perkins stated he feels the sculpture should honor both fire and police, and noted the City recently lost a police officer in the line of' duty. · Council Member Osborne agreed, and stated he would like to have more designs to choose from. Council Member Sniff suggested sending this back for additional designs that honor both fire and police. City Council Minutes 7 December 2, 2003 Mayor Adolph stated he recalls. Council wanting something to honor both public safety agencies and maybe doing it in the memory of DepUty Bruce Lee, whether a statue or something similar to the other memorials in the Civic Center Campus. He referenced "picture boo.ks" at the Arts Festival last year and stated he felt it would'be an outstanding piece of art for the children's section of the new library. -. Council Member Perkins suggested the possibility of designing a sculpture of a police officer looking at the firefighter and child and putting them.next to each 'other. Council Member Henderson stated she feels the RFP should be re-distributed to provide some choices for something that clearly honors bOth fire and police. After a brief discussion, Council concurred to direct staff to redistribute the RFP for an art design that clearly signifies both fire and police safety personnel for an amount not to exceed $100,000. No action was taken. r--' t '4. .cONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.08.050 OF i THE LA QUINTA CHARTER 'AND MUNICIPAL CODE RELATIVE TO DISTURBANCES BY CONSTRUCTION NOISES. Building & Safety Director Hartung presented the staff report. In response to Council Member Perkins, Mr. Hartung advised gardening equipment is under a separate section of the.zoning Ordinance. Council Member Osborne asked 'how the allowable working hours were determined, and if the City hears complaints from other contractors. He also asked who is contacted on site about the code violation. Mr. Hartung indicated the hours have been a part of the City's ordinance since incorporation and probably were adopted from the County ordinance. The hOurs generally go along with Daylight Savings Time and summer hours because of the heat. He stated the complaints received are usually related to .holidays that are recognized only by public entities, .and suggested the possibility of deleting some of them.' Notification of the violation is usually given to the superintendent's office or the foreman in .charge. City Council Minutes 8 December 2, 2003 Council Member Sniff noted all of the City's holidays are Federal holidays. He doesn't support deleting any of them because they each have singular honors for singular groups of people. In' response to Council Member Henderson, Mr. Hartung confirmed if contractors were .allowed to work on holidays, it would be similar to working on Saturdays when they can't get inspections. ~ He stated Veteran's Day, Martin Luther King's Birthday, and President's Day are usually observed only by public entities. He doesn't know how the neighboring cities handle this issue. Council Member Henderson stated she would have to have more information before considering any changes. She agrees with stamping the information ' on building plans to eliminate confusion. Mayor Adolph stated he has mixed feelings about this. He asked how owner/builder construction is handled, and if the City responds to violations in gated communities. Mr. Hartung stated the same rules apply for owner/builders. As for gated communities, he stated staff would respond to violations if called. In response to Council Member Henderson, Mr. Hartung confirmed since City Hall is closed on holidays, Code Enforcement responds to violations only if .called. Mayor Adolph noted this issue came up because one contractor was stopped and he complained about others working so they were stopped. Council Member Osborne stated he doesn't believe the City should mandate that these businesses close. He feels some of the holidays could be deleted to eliminate undue burden on the construction industry, and noted it means less pay for some that don't get paid for holidays. Mayor Adolph stated he doesn't want to put undue' burden on the construction industry but doesn't feel the tranquility of residents should be disturbed either. Council Member Perkins stated he feels it should be up to Code Enforcement to determine if the construction noise is disturbing anyone. Council Member Henderson asked if staff foresees any complication allowing interior work to continue. Mr. Hartung advised it is difficult to enforce the City Council Minutes 9 December 2, 2003 regulations if they are subjective. He recommended listing the restricted days and hours and enforcing them. Council Member Osborne suggested deleting Martin Luther King's Birthday, President's Day, Memorial Day, and Veteran's Day. · Council Member Sniff disagreed, and stated he supports, staff's 'recommendation. Council Member Perkins stated he feels it's a matter of enforcement, and feels it's wrong for one contractor to ask the City to change its rules in order to finish his project. In .response to Council Member Henderson, City Attorney Jenson explained Section 6.08.50(B) indicates no person shall fail to take corrective action once informed of the violation. She recommended "Government Code" be deleted before "Holiday" since some "Government Code" holidays are not observed by the City. MOTION '- It was moved by Council MemberS 'Sniff/HenderSon to take up Ordinance No. 393 by title and number only and waive further reading. Motion carried with Council Member Osborne voting NO. ORDINANCE NO. 393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING AND REPLACING SECTION 6.08.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO DISTURBANCES BY CONSTRUCTION NOISES. It was moved by Council Members Sniff/Henderson to intrOduce Ordinance No. '393 on first reading as amended (deleting the reference to "Government Code"). Motion carried by the following vote:- AYES: Council Members Henderson, Perkins, Sniff, Mayor Adolph NOES: Council Member Osborne ABSTAIN' None ABSENT: None City Council Minutes 10 December 2, 2003 5. CONSIDERATION OF A RESOLUTION RELATING TO THE PROPOSED TAX SHARING CONTRACTS OFFERED BY THE CITY OF INDIO FOR THE RELOCATION OF CHAMPION CADILLAC AND CHAMPION CHEVROLET, Community Development Director Herman presented the staff report. City Attorney Jenson reported the Deputy Attorney for the City of Indio has indicated the revisions in the redlined copy of the Tax Sharing Contract are acceptable and'will be taken to their City Council tomorrow. She noted one addition to the document is clarification regarding the "triple flip," where the sales tax that may be converted to property tax dollars if certain events happen, will be treated as sales tax for purposes of this agreement. Indio's attorney has also confirmed her reading of their definition of sales taxes, including the sales tax generated, from lease transactions occurring after the relocation. In response to Council Member Perkins, Ms. Jenson confirmed revenues from leases that occur while the dealer is located in La Quinta will remain solely in La Quinta and those occurring after the relocation will be as defined · in the agreement. In response to Council Member Sniff, Ms. Jenson advised the agreement contains a provision for auditing by both cities, and La Quinta would have the right to conduct an annual audit to verify the City is getting its share of the sales tax. The auditing company will be determined by mutual agreement, with the party requesting the audit being responsible for payment of the audit, unless there is a discrepancy. Council Member Sniff stated he feels it would be better to have a set date for an annual audit. Ms. Jenson stated Indio will be required to provide a statement showing how the payment was determined, and La Quinta will have the right to request an audit within 30 days if needed. She pointed out the City has the right to audit Transient Occupancy Tax collections but hasn't done it on an automatic annual basis. She explained the fund is not set up in a segregated account. Once Indio receives their quarterly payments, they have 30 days to remit the payment to La Quinta. Council Member Sniff stated he understands the. City cannot identify the sales tax amount from any particular dealer. Acting City Manager Weiss stated the individual sales tax receipts are identifiable but not public record that can be shared. He stated Indio will City Council Minutes 11 December 2, 2003 receive the sales tax information and share it with La Quinta, in order to verify the proper amount is being paid. Council .Member Henderson stated she understands sales tax information is not available to City Council Members. Finance Director Falconer advised Hinderliter de Llamas (HDL) & Associates provides, the City a quarterly report listing the sales tax amounts collected from each business. However, the City's contract with HDL allows only the Finance Director, City Manager, and aPpropriate staff to have access to the information because of its confidential status. He added if the dealership leaves the City, La Quinta will no longer have access to that information but it will be available to Indio. Ms. Jenson stated it's her understanding that Indio will have an agreement with the dealer to make that information available to La Quinta. Council Member Osborne asked how La Quinta will be able to confirm the sales tax amount. Ms. Jenson stated La Quinta can request the Tax Sharing Agreement include a provision for La Quinta to receive the information from HDL each year. In response to Council Member Sniff, Mr. Falconer advised a prOvision in the City's contract with HDL places restriction on who is able to access the · sales tax information. Ms. Jenson added the State Tax and Revenue Code includes a provision making sales tax information confidential. Council Member Sniff asked if other members of City staff have access to the information. Mr. Weiss indicated the information is filed in the Finance Department for staff access but. is not public information, much like personnel files that administration has access to which are not public information. Ms. Jenson stated the Tax Code makes the' information confidential. She noted under State statute, La Quinta will be required to report the last fiscal year sales tax received from this dealership to the City of Indio if this agreement is approved. Council Member Henderson stated she feels there is a leVel of confusion about this issue but noted it's unrelated to this agreement. She suggested discussing the issue at a future meeting for clearer understanding as to why HDL is not comfortable releasing the information to Council Members. City Council Minutes 12 December 2, 2003 Council Member sniff stated he would like to have explicit legal justification on this issue. Mr. Falconer advised staff will bring the information back in a department report for the next meeting. In response to Council Member Osborne, Ms. Jenson stated the City can request Indio or their contractor. Provide the sales tax information for this dealer on an annual basis. Mayor Adolph asked if the contractual agreement between Indio and the dealership is a done deal. Ms. Jenson advised the financial assistance agreement has not been formally approved by Indio and, therefore, is not a completed, project. RESOLUTION NO. 2003-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING .THE PROPOSED TAX SHARING CONTRACTS OFFERED BY THE CITY OF INDIO FOR THE RELOCATION OF CHAMPION CADILLAC AND CHAMPION CHEVROLET. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-117 as submitted. Ms. Jenson' noted the resolution provides latitude for minor changes and clarifications if deemed appropriate by the City Attorney and City Manager. She added staff will also request a provision be included to stipulate the City of Indio provide the sales tax information to the City of La Quinta on an annual basis as requested by Council Member Osborne. Motion carried unanimously. 6. SECOND READING OF ORDINANCE NO. 391 ORDINANCE NO. 391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING AND REPLACING CHARTER-6.16 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO FUGITIVE DUST CONTROL. City Council Minutes 13 December 2, 2003 It was moved by Council Members Sniff/Henderson to adopt OrdinanCe No. ~ "~ 391 on second reading. Motion carried with the following vote: AYES:" Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 7. SECOND READING OF ORDINANCE NO. 392 ORDINANCE N°. 392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 8.13 OF THE MUNICIPAL CODE (ZONING ORDINANCE AMENDMENT 2003-077). It was moved by Council Members Sniff/Henderson to adopt O.rdinance No. 392 on second reading. Motion carried with the following vote: ?' AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor ~ Adolph ~ NOES' None · ABSTAIN' None ABSENT: None Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None City Council Minutes 14 December 2, 2003 PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-462, DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062 AND DEVELOPMENT PLANS FOR SITE DEVELOPMENT PERMIT. 2002-754, SUBJECT TO FINDINGS AND CONDITIONS OF APPROVAL, TO ALLOW A COMMERCIAL SHOPPING CENTER ON A 10.7-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: JEFFERSON-WARING, LLC. Community Development Director Herman indicated staff is requesting a continuance of this item to January 20, 2004 to allow the applicant time to provide information requested by the City Council. MOTION -It was moved by Council Members Sniff/Henderson to continue the public hearing for Specific Plan 2002-062 and Site Development Permit 2002-754 (Jefferson-Waring, LLC) to January 20, 2004. Motion carried unanimously. MINUTE ORDER NO. 2003-120, 2. PUBLIC HEARING TO ADOPT AN ORDINANCE OF THE CITY COUNCIL AMENDING THE FOLLOWING LA QUINTA MUNICIPAL CODE SECTIONS: 1) 9.160.020, TABLE 9-17.7 RELATING TO CHRISTMAS LIGHTS; 2) 9.40.040 TABLE 9-1 OTHER USES -ADDING CHURCHES AS CONDITIONALLY PERMITTED; 3) 9.60.100(D)(1) TO INCLUDE ATTACHED AND DETACHED GUESTHOUSES; AND 4) 13.12.160(B) - EXTENSIONS OF TIME FOR TENTATIVE TRACT MAPS AS GRANTED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. Planning Manager Orci presented the staff report and advised Table 9-17, Section 9.160.020(7) should be corrected to read," .... provided such temporary decorations are erected no earlier .... " In response to Mayor Adolph, Mr. Orci stated the consensus of the Planning Commission was that 21 days is ample time for residents to remove holiday decorations. Mayor Adolph stated he feels 21 days is too extensive and that 14 days would be more adequate. He also asked about the number of time extensions allowed for tentative tract maps. City Council Minutes 15 December 2, 2003 r"- Community Development Director Herman .stated the Code allows three one- ! year extensions for tentative tract maps. Council Member Perkins agreed two weeks is sufficient time for decorations to be removed. Council Member Henderson stated she brought this issue up because the current requirement is for decorations to be removed within 7 days. She understood the Planning Commission's ratiOnale for allowing 21 days was to provide a non-holiday weekend for removal of Christmas decorations, and she supports their recommendation. She doesn't feel the intent was to allow 'other holiday decorations to be put up 45 days. before and left up 21 days after the holiday..She noted the City cannot draw a distinction between Christmas and other holidays, 'and that although the wording specifically addresses Christmas lights, it applies to all hOlidays. She also suggested changing Section 9.§0.100(B)(1) to read," .... nonpaying guests or domestic employees." The Mayor declared the PUBLIC HEARING OPEN at 7:17 p.m. There being no requests to speak, the Mayor deClared the PUBLIC HEARING CLOSED at 7:17 p.m. Council Member Perkins stated he still prefers 14 days rather than 21 days but will go along with the Council. Council Member Sniff asked how a distinction is made between Christmas lights and lights put up by residents for security.or other purposes. Mr. Herman stated lights used to illuminate a porch area or as an accent is a gray area that would probably, not be addressed. He added Code Enforcement would have to determine the intent of the lighting. Council Member Henderson stated she understands it is not considered a violation if the bulbs are not visible from the street. Mr. Herman advised accenting a tree with lights is conSidered landscape lighting and is not regulated by this ordinance. Council Member Henderson noted the Sign Ordinance was amended to allow white lights in commercial areas. Council Member Sniff stated he will Support 21 days for removal of the lights. City Council Minutes 16 December 2, 2003 .MOTION - It was moved by Council Members Sniff/Osborne to take up Ordinance No. 394 by title and number only and waive further reading.. Mayor Adolph stated he still feels 21 days is too long but will support the motion. Motion carried unanimously. oRDINANCE NO. 394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENTS TO SECTIONS 9.160.020 (TABLE 9-17.7), 9.40.040 (TABLE 9-1), 9.60,100 AND 13.12.160(B) OF THE LA QUINTA MUNICIPAL CODE (ZONING ORDINANCE AMENDMENT 2003-079). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 394 as amended (modifying the last line of Section 9.60.100 to read ". .... non-paying guests or domestic employees" and modifying Section 9.160.020 to read," ..... provided such temporary decorations are erected no earlier .... "). Motion carried with the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN' None ABSENT: None JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY 3. JOINT PUBLIC HEARING TO CONSIDER REVISIONS TO A PREVIOUSLY- APPROVED DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) AND 'A DEVELOPMENT AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CENTER POINT DEVELOPMENT, LLC, A CALIFORNIA LIMITED'LIABILITY COMPANY, FOR AGENCY PROPERTY LOCATED SOUTHEAST OF THE . INTERSECTION OF WASHINGTON STREET AND MILES AVENUE IN REDEVELOPMENT PROJECT AREA NO. 2. The Mayor declared the PUBLIC HEARING OPEN at 7:44 p.m. Community Development Director Herman presented the staff report. City Council Minutes 17 December 2, 2003 City Attorney Jenson advised the City CoUncil that Mr. Oliphant has __ delivered a corporate resolution for Center Point Development authorizing Center .Point Development to change the entity. She added an' indemnity agreement has been prepared with the new entity indemnifying the City and the Redevelopment'Agency. Richard Oliphant, 77-900 Avenue of the States, 'Palm Desert, stated the revised documents reflect a change in ownership from Center Point DeveloPment, LLC.. to CP Development, LLC. He asked approval of the revisions so the project and pending financing can move forward. He noted the City has applied for a PM10 grant to landscape the frontage along Washington Street and Miles Avenue, and the issues related to that have been addressed in the DDA. He stated they have not been able to .get a California .qualified insurer and need Council's authOrization to use a non- California qualified insurer. In response to Council Member Henderson, Mr. Oliphant stated they'will be using a nationally-sized .builder whose insurance will cover all the professionals as well 'as the owner. In response' to Council Member Osborne, Mr. Oliphant stated the architect has been with the project from the beginning but will complete the construction drawings under contract to the builder. He indicated the original architectural firm no longer works for the project.. In response to Mayor Adolph, Mr. Oliphant confirmed the various components of the project are coming together, including the homes, hotel, condominiums, .and medical suites and surgical center. They have not focused on the Sanctuary 'because they feel it will be a produCt of the medical center. He indicated they expect several restaurants to be interested in the project once equipment is on site. In response to Council Member Perkins, Ms'. Jenson confirmed the proposed documents have been approved by her office. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:44 p.m. Ms. Jenson advised the .significance of not having a California qualified insurer means the .'City would not have the benefit ·of the California Insurance Guarantee Association should the insurance company go into bankrUptcy or ?_. liquidation. , City Council Minutes 18 December 2, 2003 RESOLUTION NO. 2003-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CP DEVELOPMENT LA QUINTA, LLC. FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-118 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 395 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC. (DEVELOPMENT AGREEMENT 2003-006 - CP DEVELOPMENT LA QUINTA, LLC). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 395 on first reading. Motion carried with the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None -ABSENT: None STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS C. V. Mosquito & Vector Control District -- Council Member Perkins invited everyone to attend the District's 75th Anniversary celebration Thursday, December 4th. ~ .... ~.,.. :' · . ~ _ ,, *. City Council Minutes 19 December 2, 2003 SunLine Transit Agency/SunLine Services Group -- Mayor Adolph reported-the Board will be interviewing seven candidates for General Manager on Friday, December 12~. All other reports were noted and' filed. DEPARTMENT REPORTS City Attorney Jenson report the Deputy City Attorney for the City of Indio has indicated she is in agreement with adding a provision to the Tax Sharing Agreement. The provision would allow La Quinta to obtain the sales tax information Indio receives from their sales tax consultant. City Clerk Greek reminded everyone the Holiday Open House will be held Friday, December 5th from 11:30 a.m. to 3:30 p.m. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Perkins requested a traffic sign suggestion he has given to staff be placed on the next agenda. Mayor Adolph requested a discussion of TUMF be placed on' the January 6, 2004, City Council agenda. After a brief discussion, Council concurred. ADJOURNMENT There. being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. RespectfullY submitted, GREEK, City City of La Quinta, California