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2005 06 07 CC Minutes LA OUINTA CITY COUNCIL MINUTES JUNE 7, 2005 A regular meeting of the La Ouinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None PUBLIC COMMENT Renee Soloman, 48-208 Calle Floristas, voiced concern about some issues at the Senior Center as follows: cost of lunches and requirement to bring side salads; fee charged to enter dessert contests; fee charged for Thanksgiving and Christmas luncheons that are donated; volunteers no longer allowed to assist staff in accepting payments; kitchen not cleaned after facility is rented; teenagers allowed to lock the facility after dances; and inexperienced staff running the facility. She indicated the changes are making everyone angry, and she feels the facility should be removed from the Community Services Department. Mayor Adolph indicated he attended a luncheon at the Senior Center recently, and noticed the kitchen was very dirty from a function held there several days before. Council Member Sniff requested staff find'a solution to this issue at an early date. Bob Alcala, 51-470 Avenida Carranza, indicated he spoke to the City Manager and Community Services Director some time ago about some issues at the Senior Center but hasn't received a response, and would like to have something in writing. * * * * * * * * * * * * Ed Middleton, 56-000 Pebble Beach, spoke regarding the poor condition of the baseball fields, and indicated one child was bitten by a gopher and other children have been bitten by red ants. He referenced an agreement between the League and the City, and the need for it to be more equal for both sides. They have landscapers that are willing to make improvements to the fields. Nathan Dunn, 46-654 Emerald Cove, Bermuda Dunes, a landscaper, requested a liaison from the City to work with the League so they can make some improvements to the ball fields during the summer. City Council Minutes 2 June 7, 2005 Edie Brito, Vice President of Youth & Sports Association, expressed appreciation for the City's assistance, and indicated she would like to submit a "wish list" for needed improvements at the ball fields prior to adoption of the City's annual budget. Council Member Sniff suggested they submit their "wish list" to staff as soon as possible. Council Member Henderson noted there have been numerous discussions about shutting the fields down for reseeding like other fields have done. However, the fields were left open so they could be used year-round, and it may be time to revisit that policy. City Manager Genovese stated staff will make that part of the report, and noted it's a similar problem at the La Ouinta Park because the youth groups there don't want it closed either. He confirmed most of the other cities close down their fields for reseeding. * * * * * * * * * * * * * Dorie Quill spoke regarding Consent Item No. 9 and a weed maintenance problem along the Bear Creek Bike Path. She stated she understood the bike path was supposed to be maintained monthly but was told by the contractor that they don't have enough employees to do that. She stated she is surprised staff is recommending a maintenance contract with the same company after so many have voiced disappointment with their work. Mayor Adolph stated he plans to discuss this issue when the item is taken up later this afternoon. CLOSED SESSION 1 . Public Employee Performance Evaluation pursuant to Government Code Section 54957, Council-appointed position - City Manager. 2. Conference with the City's legal counsel regarding pending litigation pursuant to Government Code Section 54956.9(a), City of La Quinta V. Eugene T. Feack, et a/; Riverside Superior Court Case No. INC 041885. 3. Conference with the City's legal counsel pursuant to Government Code Section 54956.9(c) - Initiation of litigation (one matter). City Council Minutes 3 June 7, 2005 Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Stan Ford, General Manager of Coachella Valley Recreation Park District, stated they are inviting each City to partner with them in an RFP process for individual master plans at an approximate cost of $12,500 for each city. He stated they expect to have their document complete by December. He also announced the District has been asked by the National Recreation and Park Association to be the local host for one of their national schools in La Ouinta in December, and he invited the Mayor to participate in greeting the delegates. CONFIRMATION OF AGENDA City Manager Genovese requested Consent Item No. 3 be removed from the agenda to be rescheduled for a future meeting. Mayor Adolph requested Consent Item No.9 be moved to Business Item No.8, and indicated he has comments on Consent Item No.4. ANNOUNCEMENTS - None PRESENTATIONS Tom Kirk, representing the La Ouinta Rotary Club, indicated they would like to provide $2,000 for the summer reading program at the Boys & Girls Club, and $2,000 for shade structures and bleachers at the La Ouinta Sports Co'mplex. In return, they request placement of a plaque commemorating the La Ouinta Rotary and 1 00 years of Rotary. Council expressed appreciation for the Rotary's commitment to the City. City Council Minutes 4 June 7, 2005 WRITTEN COMMUNICATIONS 1 . CORRESPONDENCE FROM BENJAMIN ROSKER, PRESIDENT OF LAKE LA QUINTA HOMEOWNERS ASSOCIATION, DATED MAY 20,2005. Benjamin Rosker urged the City to take a close look at the issue for safety reasons. Council concurred to refer this matter to staff. APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of May 17, 2005, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 7,2005. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE LA QUINT A ROTARY CLUB FOR BLEACHERS FOR THE SPORTS COMPLEX. (RESOLUTION NO. 2005-045) 3. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE LA QUINT A SPORTS AND YOUTH ASSOCIATION FOR IMPROVEMENTS FOR THE SPORTS COMPLEX. (This item was removed from the agenda - see Confirmation of Agenda.) 4. APPROVAL OF A JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY. (See comment below.) 5. APPROVAL OF A FISCAL YEAR 2005/2006 CALIFORNIA DEPARTMENT OF CONSERVATION RECYCLING GRANT. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY SYLVIA BARRAZA - DATE OF LOSS: MAY 3, 2005. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY BLANCA ESTELA SALCEDO - DATE OF LOSS: NOVEMBER 17, 2004. City Council Minutes 5 June 7, 2005 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, L.P. (RESOLUTION NO. 2005-046) 9. SEE BUSINESS ITEM NO.8. 10. GRANTING CONDITIONAL APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT FOR TRACT MAP 31874-1, TAYLOR WOODROW HOMES, INC. 11 . APPROVAL OF A MOTION TO RATIFY SUBMISSION OF AN APPLICATION FOR 2005/2006 SB 821 GRANT FUNDS FOR INSTALLATION OF A PEDESTRIAN CROSSING ON WESTWARD HO DRIVE AT THE EAST END OF THE LA QUINT A PARK AND WEST OF THE LA QUINT A HIGH SCHOOL. 12. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29283, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT. 13. APPROVAL OF A ONE-YEAR MAINTENANCE SERVICE AGREEMENT EXTENSION FOR STREET SWEEPING SERVICES FOR FISCAL YEAR 2005/2006. 14. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR PROJECT LMC 2004-04, LANDSCAPE LIGHTING MAINTENANCE FOR FISCAL YEAR 2005/2006. 15 ACCEPTANCE OF LA QUINT A DOWNTOWN LIGHTING PROGRAM AND AVENIDA BERMUDAS SIDEWALK IMPROVEMENTS, PROJECT NO. 2003-07-A. 16. APPROVAL OF CONTRACT CHANGE ORDER NO.2, PROJECT NO. 2001-06, EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS. 17 . AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM TO BE HELD JULY 27-29, 2005, AND ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS MEETING TO BE HELD JULY 29-30, 2005, IN MONTEREY, CALIFORNIA. City Council Minutes 6 June 7, 2005 MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 3 and 9 and with Item Nos. 2 and 8 being approved by RESOLUTION NOS. 2005-045 through 2005-046 respectively. Motion carried unanimously. MINUTE ORDER NO. 2005-50. Item No.4: Mayor Adolph commented on the number of contributions various agencies make to the Boys & Girls Club of Coachella Valley but not directly to the La Ouinta Boys & Girls Club. Council Member Osborne stated he understood the contributions made to the Boys & Girls Club of Coachella Valley filters down to the La Ouinta Boys & Girls Club. Mayor Adolph stated he made a request three years ago that the Bob Hope Chrysler Classic designate a contribution directly to the La Ouinta Boys & Girls Club but it hasn't been done since. Council Member Henderson commented on the budget conditions and philanthropy of some of the other cities, and stated she is pleased with the level of funding the City provides to the La Ouinta Boys & Girls Club. BUSINESS SESSION 1 . CONSIDERATION OF AN AGREEMENT FOR TITLE SPONSORSHIP OF THE SilverRock JIM MURRAY ALUMNI GOLF CHALLENGE GOLF TOURNAMENT WITH THE INTERNATIONAL GOLF MUSEUM AND JIM MURRAY MEMORIAL FOUNDATION. Assistant City Manager Weiss presented the staff report, and stated he understands from representatives of the International Golf Museum that they have language that may allow this item to be considered today. City Attorney Jenson stated staff borrowed the basic form of the agreement from one the City of Indian Wells used for the Sinatra tournament. She commented on the difficulty of trying to draft an agreement with a built-in reduction. In response to Council Member Henderson, Mr. Weiss confirmed the options are to continue this item or to negotiate a new legal clause to be submitted by the representatives. City Council Minutes 7 June 7, 2005 Ms. Jenson stated she has not seen any additional language, and recommends continuing the item. Mark Moran, P. O. 1305, representing the International Golf Museum Foundation, stated he wished to discuss the sliding scale issue, noting the City would get the publicity as the title sponsorship. He indicated any profits from revenues over expenses would be used for next year's tournament. Terry Ross, of International Golf Museum Foundation, stated they are looking at a potential profit of $50,000 but also expect some contingencies. In response to Mayor Adolph, Mr. Moran stated scholarships will be provided nationally and at the local level. The rollover amount will be used for next year's scholarships, and they hope they won't need to ask for $200,000 from the City next year. Mr. Ross indicated some of the profit will be used for marketing. Mr. Moran requested the item be continued to June 21, 2005, and try to refocus the language in the agreement. Council Member Sniff noted this is a significant budget item that is not to exceed $200,000. He hopes other sponsorships will bring the City's amount down to $175,000 to $180,000. He feels $180,000 is a reasonable amount, and the City shouldn't get involved with the tournament profits. He stated he doesn't want to use marketing funds and would like to see that off the table. Council Member Osborne stated anything raised above $185,000 is okay with him. He doesn't want to penalize the Foundation, and believes their revenues over expenditures should be left alone. He questioned the City having any need for nights at the hotel. He supports a potential limit of $185,000 to $200,000 but doesn't want to touch potential hotel fees or the tournament's revenues over expenditures. In response to Council Member Perkins, Mr. Ross stated they have hired a professional for publicity, and the TV production company has their own publicity to do nationwide. They will be doing local and national promotion. Council Member Perkins stated he would like to keep it at $175,000. He feels it's time to get tournaments going at SilverRock, and is in favor of this tournament. City Council Minutes 8 June 7, 2005 Council Member Henderson stated she doesn't support the sponsorship now anymore than she did three weeks ago. She believes a $200,000 sponsorship would probably, purchase five or six tournaments because the City has had many opportunities for sponsorships of $25,000 in the past. She has questions about where the scholarships will go, and understands one may be reserved for a local scholarship but sees nothing in writing. She believes the speed and lack of consideration this matter has received "flies in the face" of everything she has seen this Council do for 1 0 years. She hasn't seen anything else move with this speed and so little attention. Mayor Adolph noted the Council wouldn't be looking at this if the Bob Hope Chrysler Classic was going to be at SilverRock in January but it's not, and he feels it's time to step up to the plate. He asked if the tournament has a proven background and an agreement for TV coverage, to which Mr. Ross responded, "v es. " Mr. Adolph stated he agrees with moving forward on this. Council Member Sniff suggested not exceeding $200,000, and if sponsorships above their projections are received, a portion of it be used to reduce the City's obligation. He suggested a compromise amount of $180,000 with no marketing programs eliminated and with the profits being retained. Council Member Osborne suggested eliminating the requirement for Arnold Palmer to be the honorary chairman. Council Member Sniff agreed. Ms. Jenson asked for clarifications on the amount. Council Member Osborne stated not lower than $180,000 based on their other fund raising above $180,000 from other sponsors Council Member Sniff noted it also shouldn't exceed $200,000, hopefully the Foundation will be able to raise additional sponsorships of which a portion would reduce the City's obligation down to $180,000. Mr. Weiss asked if a tri-party agreement is acceptable. Council Member Sniff responded, "Yes." Mayor Adolph requested language be added to include at least one local scholarship. -...,..-~~..._- City Council Minutes 9 June 7, 2005 After a brief discussion, Ms. Jenson noted Section 7 of the agreement outlines a commitment to provide a $5,000 donation for a junior golf event at SilverRock and a $5,000 educational grant for Coach ell a Valley education needs. She asked if Council wishes to modify that language. Council Member Sniff voiced agreement with the language as written. Mr. Moran indicated the Golf Museum will be providing each high school in the Valley $1,000 for their jour'nalism programs to help underwrite their newspaper. They will also provide a scholarship at College of the Desert, and are considering a scholarship to Cal State San Bernardino. He noted the Murray Foundation is already tied in to scholarships at major journalism universities, which will benefit SilverRock because the graduates will be writing for major papers. MOTION - It was moved by Council Members Sniff/Osborne to continue consideration of the title sponsorship of the SilverRock Jim Murray Alumni Golf Tournament to June 21, 2005, and direct staff to continue to negotiate an agreement as directed. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO. 2005-51. Council recessed to the Redevelopment Agency meeting. Council reconvened. Council concurred to take up Business Item No.5 at this time. 5. CONSIDERATION OF CONSOLIDATING THE COMMUNITY SERVICES AND CULTURAL ARTS COMMISSIONS. Community Services Director Horvitz presented the staff report. Andrea Gassman, 53-415 Avenida Obregon, member of the Cultural Arts Commission, commented on the differences between the two commissions, and voiced concern about artists being turned away if the commissions are consolidated. She noted the arts is one of the premises the City was founded upon, and urged the Council not to combine the Commissions. Sheldon Brodsky, 47-940 Via Jardin, member of Cultural Arts Commission, stated he feels the staff report doesn't accurately reflect the feelings of the Cultural Arts Commissioners because they are very unhappy about· the two commissions being consolidated. He noted the costs reported in the staff report are based on 12 meetings annually but the Commission doesn't meet City Council Minutes 10 June 7, 2005 every month. Additionally, the Commission had a budget of $10,000 for the two concerts and only spent about $3,500. He questioned consolidation of the two Commissions resulting in any reduction to staff costs, and urged the Council not to combine the Commissions. Council Member Sniff stated he understands the rationale behind consolidating the two Commissions but isn't sure it would be a productive mix. He believes the duties and work are different, and noted the cost is minor. He voiced concern about being able to have a majority that would work together, and suggested leaving it as is. Council Member Osborne stated he doesn't want to lessen the City's commitment to the arts but feels the Commissions will be strengthened by combining them into one. He suggested an eight-member Commission to be reduced to seven through attrition. Council Member Perkins spoke in support of streamlining as much as possible, and noted it's not a lot of cost but it does take time and effort. He indicated he won't support more than seven members, and would like to see it reduced to five. He feels the two Commissions have done an excellent job but believes it's time to move ahead. Council Member Henderson stated her thoughts have nothing to do with budget concerns. She views the consolidation as something positive, and encouraged the Commissioners to do the same. She concurred with reducing the membership to seven through attrition, and suggested adhoc committees be used for the Art in Public Places program and the Parks General Plan issue. She stated she would like to try the consolidation, and noted it can be undone if needed. She referenced their interaction and support on events this year, and stated she feels the events vyere stronger because of it. Mayor Adolph stated he will not support the consolidation because it will exclude resident participation, and he feels it's important to have their' involvement. He questioned the Council's support of the Commissions, noting they didn't attend the Soap Box Derby nor the Concert Under the Stars event this year. Council Member Perkins stated he resents that comment because he does support the Commissions but has a disability that keeps him from attending events. City Council Minutes 11 June 7, 2005 Council Member Henderson stated she missed the Soap Box Derby for the first time this year, and was unable to attend the concert because she was attending a La Quinta Historical Society event and couldn't be at both. MOTION - It was moved by Council Members Henderson/Perkins to direct staff to provide an ordinance change consolidating the Community Services and Cultural Arts Commissions into one eight-member Commission to be reduced to seven members through attrition, and to include the formation of adhoc committees to review public art applications and to review the Parks General Plan. Council Member Sniff questioned being able to form a Commission with an adhoc committee within it. Ms. Jenson advised an adhoc committee can be appointed by the Commission for one-time jurisdiction over a matter. If formation of the committee was specified in the ordinance it would become a standing committee with Brown Act implications. In response to Council Member Perkins, Ms. Jenson concurred an adhoc committee cannot have continual jurisdiction, and is not subject to the Brown Act requirements. She indicated these issues can be addressed when the ordinance is brought back. Council Member Henderson stated she feels the intent is to recognize that there are two outstanding special interests to address, and she noted by ordinance, there has to be a group that deals with the Arts in Public Places program. Ms. Jenson recommended the ordinance come back and provide a way to implement the Art in Public Places program requirements. After a brief discussion, the motion was amended as follows: AMENDED MOTION - It was moved by Council Members Henderson/Perkins to direct staff to provide an ordinance change consolidating the Community Services and Cultural Arts Commissions into one Commission and to return with the necessary language to address the Arts in Public Places and Parks General Plan issues. In response to a question from the City Clerk, Council Member Henderson confirmed she intended to included in the motion, "an eight-member commission to be reduced to seven members through attrition." City Council Minutes 12 June 7, 2005 RESTATED AMENDED MOTION - It was moved by Council Members Henderson/Perkins to direct staff to provide an ordinance change consolidating the Community Services and Cultural Arts Commissions into one eight-member commission to be reduced to seven members through attrition, and to return with the necessary language to address the Arts in Public Places and Parks General Plan issues. Council Member Sniff stated he cannot support the motion. Motion carried with Council Member Sniff and Mayor Adolph voting NO. MINUTE ORDER NO. 2005-52. In response to Council Member Sniff, Ms. Jenson advised the two Commissions will ultimately need to be disbanded but the ordinance for the new Commission won't go into effect until 30 days after adoption. The ordinance will revise the Code, deleting the existing provisions related to the two Commissions, and add provisions creating the new Commission. She confirmed the appointment of members to the new Commission will be a separate action and not part of the ordinance. Council Member Sniff noted some of the current members may not wish to be on the new Commission, and a new recruiting process may be needed. Council Member Henderson noted the intent was to secure the eight positions for the existing Commissioners, should they choose to be on the new Commission. Council recessed to and until 7:00 p.m. 7:()0 P.M. PUBLIC COMMENT - None PRESENTATIONS The Mayor and Council Members presented art awards to the following students of the Boys and Girls Club whose artwork has been displayed at City Hall: Alejandra Aleman Brenton Barberis Monique Castillo Alehtse Corral Alicia Cruz Dominic DeAnda Tabatha Henderson Amanda mel Marissa Imel City Council Minutes 13 June 7, 2005 Shanik Jaimes Jamie Morrow Lilah Osbaldeston Samantha Perez Veronica Perez Pamela Ramirez Ethan Rose Kailey Rose Jazmin Simon Karlee Wright Steve Yslas PUBLIC HEARINGS 1. PUBLIC HEARING ON DEVELOPMENT IMPACT FEES (DIF). Public Works Director Jonasson presented the staff report, and noted the figures in the DlF Study for Transportation and Maintenance are slightly different from the figures in the staff report. Council Member Henderson noted Mr. Kibbey, of the Building Industry Association (BIA), who is usually very interested in fee increases, is not present, and asked if the increases are standard to the industry. Mr. Jonasson stated Mr. Kibbey had some questions about the maintenance facility portion but is in agreement with it. He noted the proposed fees reflect the impacts at today's dollars, and referenced a comparison chart with other Valley cities. Mayor Adolph asked why the City of Palm Springs and City of Cathedral City are not listed in the comparison. Consultant Nick Nickerson stated he was unable to obtain fee information from the City of Palm Springs and the City of Cathedral City doesn't have any fees to compare to. Mayor Adolph stated he recalled the fees for the City of Palm Springs being $6,000 or more. Council Member Henderson stated she appreciates the comparison but noted it's difficult to compare the fees from city to city because it's a complex issue. She asked what brought the City's general commercial fee up to $1.4 million. Mr. Nickerson stated it's primarily because the City is at over 50% build-out on commercial, and there is less development square footage to spread the cost. In response to Council Member Osborne, Mr. Nickerson stated the fees are based on figures through July 2004. The consultant who drafted the original City Council Minutes 14 June 7, 2005 study recommended a review every year and an update every two years. He confirmed Ouimby funding or the DIF would potentially be used for future park land purchases. He noted the General Plan calls ,for 51 more acres of park land at build-out. As for notification to smaller builders, he stated the public hearing was published twice in the newspaper. City Manager Genovese stated one public hearing is generally held for the DIF because the major due diligence is working with the BIA. Council Member Sniff asked about locations for future parks, and Mr. Jonasson indicated the exact locations have not been identified. Mr. Genovese pointed out the 51 acres is based on the standard of three acres per 1,000 people, which is consistent with the acquisition of funding for parkland in the Ouimby Act. Council Member Sniff noted the numbers will change if additional land is annexed into the City. He further noted the projections based on today's dollars will not have the same value in the future, and that underfunding will continue. Mr. Genovese stated the City is not allowed to put in costs higher than the current amount but the study would be reviewed again next year if substantial inflationary figures are seen. In response to Council Member Sniff, Mr. Nickerson confirmed the Council can choose to review the fees at any time, and that a review would be recommended if future annexations happen. In response to Council Member Henderson, Mr. Nickerson stated the study is for the incorporated areas only, and does not include Planning Areas 1 and 2. Council Member Henderson asked if the other city's TUMF fees are included in the comparison chart, and if so, questioned it being a real comparison. Mr. Nickerson stated the TUMF is included but noted La Ouinta's transportation fee would decrease significantly if the City decided to charge a TUMF fee. Council Member Henderson stated she understood the study included Planning Areas 1 and 2 because the study area was evaluated by the Community Development Department on the current General Plan, which includes the planning areas in the build-out estimates. City Council Minutes 15 June 7, 2005 Mr. Genovese stated the planning areas are in the General Plan but not in this study nor the population calculations. In response to Council Member Henderson, Mr. Nickerson stated Page 1-2 of the study indicates the purpose and use of the fee must be identified and a reasonable relationship determined to satisfy California Law. He believes the City's fees are defensible, and that a valid nexus exists as to who the fees are collected from and what it's collected for. Council Member Henderson noted there's a chance the hospital will be branching into La Quinta, and asked if that would fall under "community amenities. " Mr. Nickerson stated it's his understanding that the DIF can only pay for capital costs, and is not aware of it being used for a medical facility. Council Member Henderson noted the need for a closer medical facility is due to the City's growth over the last five years. She inquired about how "potential population" is used in this report, and what date was used for build-out. Mr. Nickerson explained the population figure used in the document was established from the average number of people in a certain type of residential development, using the Census standard of 2.8 people per each single family dwelling unit. He indicated no date was used for build-out, and that the fee is land-use driven. Council Member Henderson noted CV AG is looking at the potential of Avenue 62 being a parkway sometime in the future, and asked if that's been calculated in the study. She recommended the study be reviewed on an annual basis, due to cost increases and the potential for annexation, and to stay up on what CVAG is doing with Avenue 62. She also inquired about the traffic signals listed in Table 3-4 and the sound walls in Table 3-5. Mr. Nickerson confirmed the traffic signals would be brought back to Council for consideration before implementing, and the four walls listed in Table 3-5 are the only sound walls in the DIF. Council Member Henderson asked how much has been collected in the DIF so far for sound walls. City Council Minutes 16 June 7, 2005 Finance Director Falconer advised the transportation fees are not broken down into separate categories when collected, and the uses are prioritized by Council. Mr. Jonasson clarified the sound walls that are listed are supported by studies, and money is set aside in the Operations Budget for additional sound studies when appropriate. If an additional sound wall is determined to be needed, it could be considered in the DIF at a later date. Mayor Adolph reported CV AG has authorized a consultant to look at the feasibility of a South Valley Parkway from Mecca to La Ouinta. He feels it's about five years too late but better late than never. Mr. Jonasson indicated he was just informed that the City of Palm Springs has a developer impact fee. He clarified changes made to the zoning will have an impact on the amount the City collects. He also referenced revised tables in Section 8 for the maintenance facility upgrades. Mayor Adolph noted DIF fees in other cities are still much higher than La Ouinta, leaving the City in the best of positions for development. The Mayor declared the PUBLIC HEARING OPEN at 7:56 p.m. Tim Flynn, 77-955 Lago Drive, representing the Lago La Ouinta Homeowners Association, requested the Montero Estates sound wall be continued another 1,750 feet to the west boundary of Lago La Ouinta. He stated the sound study they submitted to staff clearly demonstrated the need for a sound wall years ago, and road noise continues to increase. He urged Council to add the Lago La Ouinta wall to the DIF. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:59 p.m. RESOLUTION NO. 2005-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING RESOLUTION NO. 2002-034, RELATING TO THE DEVELOPMENT IMPACT FEES. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-047 as submitted, and approving Attachment No. 1 (Development Impact Fee Study May 2005), utilizing revised tables for Section 8. Motion carried unanimously. City Council Minutes 17 June 7, 2005 PUBLIC COMMENT An unidentified speaker referenced an email from David Gajdzik regarding the Embassy Suites project, and inquired about any performance bonds on the project. Mayor Adolph referred him to the City Clerk's Office regarding the bonds. 2. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO TITLE 9 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 9.60 AND 9.210 RELATING TO HOME OCCUPATIONS. Community Development Director Evans presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 8:03 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:03 p.m. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 418 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING SECTIONS 9.60.110 AND 9.210.060 OF THE MUNICIPAL CODE RELATING TO HOME OCCUPATIONS (ZONING ORDINANCE AMENDMENT 2005-082). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 419 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: Council recessed to the Redevelopment Agency meeting. Council reconvened. City Council Minutes 18 June 7 I 2005 BUSINESS SESSION . . . . . . . . . . . continued 2. CONSIDERATION OF THE ANNUAL PLAN FOR SilverRock RESORT. Public Works Director Jonasson presented the staff report. In response to Council Member Osborne, Randy Duncan, of Landmark Golf· Management, confirmed they are comfortable with the proposed $3.7 million budget. In response to Council Member Sniff, Mr. Duncan indicated he isn't aware of the origin of the bottled water but it will be purchased through Fulton Distributor. In response Council Member Sniff, Mr. Jonasson confirmed staff is recommending the $500,000 for improvements to the native area be added to the motion to expedite the improvements discussed in the study session under the Redevelopment Agency meeting. He stated the projections are their best guess at next year's revenues and expenses. Council Member Henderson inquired about the expense for the Global Positioning Satellite system. Mr. Duncan stated the cost is about $2 per golf round, and it's usually a 4-5 year contract. He confirmed the $72,000 for the GPS system and $49,800 for site security patrol would be added to the projected loss of $259,000. The site security patrol would be a contract for one roving patrol officer between 7:00 p.m. and 5:00 a.m. Council Member Sniff stated he feels it would be better to have two people on patrol. Council Member Henderson inquired about security cameras at the clubhouse. Mr. Jonasson stated he understands the current Operating Budget calls for cameras at certain locations. In response to Council Member Sniff, Mr. Duncan stated a lawnmower has been stolen and a few chairs from the clubhouse patio. Judy Vossler, of Landmark Golf Management, commented on the importance of the GPS system because it's something resort golfers expect, and noted the main purpose for site security patrol is to reduce the risk of damage to City Council Minutes 19 June 7, 2005 the golf course. She agreed two people on patrol would be better but it's twice the money and they are trying to be conservative. Council Member Sniff suggested adding an additional amount for a second security patrol. Council Member Perkins noted two security patrols could provide backup for each other. Council Member Henderson asked if the security guards would be armed, to which Mr. Duncan responded, "No." She then inquired about the possibility and cost of keeping this in-house through a Sheriff's Community Services Officer. City Manager Genovese estimated the cost of a Community Services Officer being between $60,000 to $70,000 annually, including benefits. In response to Mayor Adolph, Mr. Jonasson stated the operating expenses of $3.7 million includes $146,000 for the first five items (replacement range balls, bottled water, cart towels, additional course ranger, and four additional native area maintenance employees) but not the GPS system or site security patrol. Mayor Adolph questioned where the revenue is going to come from to pay for these annual expenses. He also inquired about the requirement to provide bottled water, and noted water fountains were installed at SilverRock. Johnny Potts, of Landmark Golf Management, stated water carried on golf carts has become a health issue with OSHA and the Health Department ever since a child died from drinking contaminated water from an igloo during a junior golf event in Phoenix. He stated they are no longer allowed to serve water in an igloo on the golf carts. Ms. Vossler explained it's a new State health requirement that commercial establishments have to abide by. Mayor Adolph questioned why it's not being done at other courses if it's a requirement. He stated he agrees the GPS system is a nice amenity but he has concerns about the cost of these items. Council Member Sniff commented on the need to have a first-class operation, and to support the Operator whenever possible. He spoke in support of adding the GPS system, and two security patrol officers. City Council Minutes 20 June 7, 2005 Council Member Henderson concurred. In response to Mayor Adolph, Mr. Jonasson stated access onto the golf course from Avenue 54 is not secure yet because they are still working on the berming and the walls. MOTION - It was moved by Council Members Henderson/Sniff to approve the Annual Plan as submitted by landmark Golf Management, LLC, including these additional expenses: replacement range balls, SilverRock logo bottled water, cart towels, one additional course ranger, four additional native area maintenance employees, a GPS system for golf carts, and two site security patrols; and an appropriation of $500,000 from the General Fund Economic Development Reserves for natural area drainage and natural area turf/grassing and landscaping. Motion carried unanimously. MINUTE ORDER NO. 2005-53. Council concurred to take up Mayor and Council Members' Item No.3 at this time. MAYOR AND COUNCIL MEMBERS' ITEMS 3. DISCUSSION REGARDING SilverRock RESORT OPERATIONS. Council Member Osborne suggested appointing two Council Members to serve on a committee to meet with staff and the Operator at least once a month to review the SilverRock operations. He suggested three-meeting and six-meeting terms to rotate between the Mayor and Council Members. He stated there would then be an item for SilverRock Resort under Reports & Informational Items, wherein discussions could take place and information relayed in a more-timely manner. He commented the intent is not to micromanage the operations but rather to provide Council with a better feel of what is happening at the resort. Currently, staff and the Operator meet weekly, and the appointed Council Members could meet with them once a month. Council Member Sniff indicated he wasn't clear on the Council Members' participation in the group. Council Member Osborne stated it would be for the purpose of bringing information back to Council on a more-regular basis, and not for the two Council Members to give direction to staff or the Operator. City Council Minutes 21 June 7, 2005 Judy Vossler, of Landmark Golf Management, stated they are for anything that helps the Council learn the positives and negatives of the golf operations business. She feels they have a good working relationship with staff, and exchange information on a weekly basis. She added she feels the process is working. Council Member Perkins stated it may be working for the Operator and staff but it's not filtering through to the Council. He indicated he doesn't want to see any micromanaging or, he will support eliminating the committee. Mayor Adolph stated he receives weekly updates from staff on what is happening at SilverRock, and Ms. Vossler stated they supply information for that report. Council Member Henderson supported trying it on a trial basis, and to see if there is a better sense of ownership. She added she feels the monthly meeting should be separate from the current weekly meetings. Council Member Sniff suggested staff and the Operator meet for three weeks then meet with the Council Members the fourth meeting. Council concurred. City Attorney Jenson stated she will research what the Brown Act implications are for a rotating standing committee, and include that information in the staff report when this item comes back for consideration. She noted the monthly meetings may have to be noticed and open to the public. BUSINESS SESSION . . . . . . . . . . . . continued 3. CONSIDERATION OF REQUEST FOR PROPOSALS FOR DESIGN/BUILD SERVICES FOR SECURITY CAMERAS AT CITY FACILITIES. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Osborne stated he is in agreement with this proposal. 'However, he feels the red light camera issue is a bigger issue, and should have been dealt with faster than this has. City Council Minutes 22 June 7, 2005 In response to Mayor Adolph, Community Services Director Horvitz confirmed the pros and cons of purchase versus lease will be presented to Council. Council Member Sniff stated he feels this should be done on a trial basis, and that the City shouldn't be committed indefinitely. As for the red light camera issue, he feels there are some sensitive issues involved with some people in the Sheriff's Department having some reservations on the issue. MOTION - It was moved by Council Members Sniff/Henderson to authorize a Request for Proposal. (RFP) for design/build services for security cameras to be placed at the La Quinta Park and the Fritz Burns Park Skate Park in an amount not to exceed $50,000. Motion carried unanimously. MINUTE ORDER NO. 2005-54. 4. CONSIDERATION OF INTERACTIVE WATER FEATURE DESIGN AND POSSIBLE APPROPRIATION OF QUIMBY FUNDS FOR THE PROJECT. Community Services Director Horvitz presented the staff report.· Mayor Adolph inquired about the yvater pressure from the water cannon, and Ms. Horvitz replied the flow is only five to nine gallons of water per minute. Council Member Perkins suggested the possibility of holding this back until the security cameras are installed, and Ms. Horvitz noted the request is only for approval to go out to bid. Council Member Henderson commented on the number of amenities being vandalized throughout the City, and the cost involved. She stated she will support putting in the water feature but will not support funds to replace it if it's vandalized. She realizes the majority of the community is not responsible for the problem but feels they need to know that they have to help monitor these things. Ms. Horvitz stated the water feature is designed so that any damaged parts can be capped off and other parts of the water feature remain usable. Council Member Sniff stated he feels the palm tree would be functional and provide a sense of balance. Council Member Perkins commented on the estimated cost of $300,000. City Council Minutes 23 June 7, 2005 In response to Council Member Henderson, Ms. Horvitz stated the project will be funded through Proposition 40 grant funds, and any additional funds would be allocated from the Quimby Account, which can only be used for park development. MOTION - It was moved by Council Members Sniff/Henderson to approve the plans, specifications, and engineer's estimate, and authorize staff to advertise the La Quinta Park Interactive Water Feature for bid, with the palm tree as the Centerpoint, and appropriate up to $123,276 from the Quimby Fund. Motion carried unanimously. MINUTE ORDER NO. 2005-55. 6 . CONSIDERATION OF AN ORDINANCE SETTING THE FEE FOR AN ANNUAL EXTRA LEGAL LOAD HAUL PERMIT. Public Works Director Jonasson presented the staff report. In response to Council Member Perkins, Mr. Jonasson statèd the determination is based on the dimensions of the vehicle and not the weight. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 419 by title and number only and waive further reading. Council Member Perkins stated he would like to know exactly what the qualifications are because he feels it's the over-load weight that causes damage to the streets and not the dimensions. Mr. Jonasson clarified stated the extra legal load is defined in the California Vehicle Code and "heavier" is the first criteria. He suggested adding a definition in the ordinance that states the City is following the California Vehicle Code. He feels that would cover the situation, and it would then just be a matter of implementation and how to determine the weight of the vehicle. City Attorney Jenson advised of potential notice and public hearing requirements, and requested the item be continued The motion was withdrawn, and Council concurred to continue this item MOTION - It was moved by Council Members Sniff/Perkins to continue consideration of an ordinance to set the fee for an annual extra legal load haul permit to June 21, 2005. Motion carried unanimously. MINUTE ORDER NO. 2005-56. City Council Minutes 24 June 7, 2005 7. SECOND READING OF ORDINANCE NO. 417 ORDINANCE NO. 417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, REVISING TITLE 8 ENTITLED "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: THE 2004 CALIFORNIA ELECTRICAL CODE, AND THE 2005 CALIFORNIA ENERGY CODE. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 417 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: 8. CONSIDERATION OF APPROVAL OF A ONE-YEAR EXTENSION FOR PROJECT LMC 2004-05, CITYWIDE LANDSCAPE MAINTENANCE FOR FISCAL YEAR 2005/2006. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Mayor Adolph stated he has a major problem extending the contract because he doesn't believe Lundeen Pacific is fulfilling their responsibility. He referenced dead plants and trees in the medians, and weeds not being removed over a long period of time. He also referenced dead palm fronds not being removed, and a palm tree on Jefferson Street being tied at the top for over a year. He suggested the possibility of hiring employees to do the work if other bids can't be obtained. Council Member Sniff referenced a public comment earlier today by Ms. Quill regarding poor maintenance on the Bear Creek Bike Path. City Manager Genovese concurred the City hasn't had success with Lundeen but noted no other bids were received last time, and the City even went out to bid a second time. He indicated staff can send it out to bid again but City Council Minutes 25 June 7, 2005 requested authorization for a month-to-month contract until that can be done. Council Member Henderson asked about 'breaking the contract down into four different categories. Mr. Genovese noted the City usually does better with a larger contract. As for doing it in-house, he stated the costs would be substantially higher because of prevailing wage issues. The salary for City maintenance staff would probably be close to the amount paid Lundeen but the benefits are substantially higher. Council Member Osborne asked why the City is not able to get other bids. Mr. Genovese stated it's due to everyone being busy, and the City's bonding requirements. He explained the City's liability issues are greater because of work being done in the right-of-way. In response to Mayor Adolph, Mr. Jonasson stated the Maintenance Manager meets with Lundeen's representative once a week or every other week to review the problem areas. He noted some of the problems in the medians could be due to modifications being made by developers, and the City is credited by Lundeen for those areas until the median is turned back over to the City and maintenance resumes. Mayor Adolph noted there is drip irrigation in some places where there are no plants. He feels someone should drive the areas with Lundeen to show them the problems and tell them to fix it. Council Member Henderson spoke in support of going back out to bid, and contracting with Lundeen on a month-to-month basis. She suggested putting a penalty clause in Lundeen's contract for non-compliance. Council Member Osborne suggested looking at the bid proposal to make sure it's in line with other Valley cities, and making sure no undue hardship is being placed on potential contractors. Mr. Genovese stated staff can also make sure the specs are tight on the timing of replacement of materials. Council Member Sniff suggested the possibility of doing a quarterly contract since it will probably take that long to go out to bid. City Council Minutes 26 June 7, 2005 Mr. Jonasson stated the second bid from Lundeen was lower than their first bid. He noted it's difficult to compare Lundeen's cost without getting competing bids. City Attorney Jenson noted Lundeen also worked for a long period of time before staff was successful in getting them to turn in their bonds. In response to Council Member Osborne, Mr. Jonasson stated the bond is a materials and suppliers insurance for approximately $15,000 to cover one or two months of their operations. MOTION - It was moved by Council Members Sniff/Osborne to approve a month-to-month contract with Lundeen Pacific Corporation, and authorize staff to proceed with a Request for Proposals for Citywide Landscape Maintenance. Motion carried unanimously. MINUTE ORDER NO. 2005-57. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CV AG Human & Community Resources Committee - Council Member Osborne stated the 211 program should begin in July, and once it's in service, the cities can review the services available to make sure it's updated for each city. Jacqueline Cochran Regional Airport Authority - Council Member Osborne reported the County is considering substantial rent increases for vendors at the airport, which could affect improvements at the airport. The airport is also considering road races at the airport for vintage automobiles. League of California Cities - Council Member Henderson reported the local division initiated a press conference in La Quinta last Thursday in support of Proposition 42. She indicated the press conference was attended by most of the RCTC executive staff who were also attending a retreat in La Quinta. Palm Springs Desert Resorts Convention & Visitors Authority - Council Member Henderson stated they will start a series of meetings next week to address the major questions some of the Valley cities have regarding the agency, and she understands an agreement has been reached with Mr. Fife. She commented on the articles in the newspaper, and indicated there is a lot of stress amongst the CV A staff at this time. City Council Minutes 27 June 7, 2005 Riverside County Transportation Commission - Council Member Henderson referenced a Call for Projects Report distributed to the cities regarding ISTEA grant funding. San Jacinto/Santa Rosa National Monument Advisory Committee - Council Member Henderson stated they are having a photo contest, and expect to have a preview of the video in October. She indicated an agreement has also been reached by the San Bernardino National Fire and BLM regarding response responsibilities for forest fires in the area - San Bernardino National Fire will respond to fires west of Highway 74 and BLM will respond on the east and south side of Highway 74. . SunLine Transient Agency - Mayor Adolph indicated they are still working on the taxi cab issue, and CV AG has hired a consultant to look into how to regulate this contract. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 1-C. DISCUSSION REGARDING BUDGET CALENDAR. After a brief discussion, Council concurred to schedule a special City Council meeting on June 20, 2005 at 4:00 p.m. to consider the preliminary budget. 2. UPDATE ON RED LIGHT CAMERAS. City Attorney Jenson gave a brief update on the red light camera issue. She indicated Transol has gone through transition, and Mr. Kroske is no longer with the company. Approximately one months ago staff provided Transol with a revenue-neutral contract to review, and learned the City would incur some costs. There was also some misunderstanding as to the amount the City would receive for each citation and the average amount collected. She understands Transol is reviewing the financial arrangement to see if it makes sense for them to provide the program free to the City. There is also an issue about shared-jurisdiction of intersections where violations have been voided, and Transol will be providing the City some information on that. City Council Minutes 28 June 7, 2005 Public Works Director Jonasson stated Transol had not included the extra time needed for a Sheriff to review the citations, and isn't willing to pay the legal costs if their system has to be defended. Council Member Osborne requested a report to Council from the Police Chief regarding the number of accidents over the last 1 2 months due to red light violations at Highway 111 and Washington Street and at Highway 111 and Adams Street. 3-B. DISCUSSION OF CITY COUNCIL'S SUMMER SCHEDULE. After a brief discussion Council concurred to cancel the August 16, 2005 City Council meeting. MAYOR AND COUNCIL MEMBERS' ITEMS. . . . . . . . . . continued 1. DISCUSSION REGARDING THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY (CVA). Council Member Sniff requested a study session be scheduled to discuss the current costs, value, effectiveness, and efficiency of the CV A. He commented on the need for a title change that emphasizes all the Valley cities and lists their names alphabetically under the title. He referenced questions in the newspaper regarding up-to-date financial statements, large deficits, large severance payments to the former manager, and huge payrolls. He noted the City can choose to do nothing, withdraw, or secure changes in the CV A. He doesn't believe the righteous indignation by CV A defenders can excuse the CV A's condition or performance. Council Member Henderson referenced the series of weekly meetings the CV A will be holding to address these issues. She .feels the study session is timely but is still unsure about her legal position in being able to share some of the information she has. Council Member Sniff stated he doesn't a problem having staff come back with some general information, such as what is encompassed with withdrawing. In .response to Council Member Perkins, City Manager Genovese stated the City's payment to CVA this year is approximately $450,000. City Council Minutes 29 June 7, 2005 Council Member Henderson noted a lot of concern has been voiced but none of the jurisdictions have withdrawn. The member agencies are trying to understand what the newspaper is reporting and what the Board is legally able to disclose. Council Member Sniff noted there may be legal issues for some time, and he doesn't see a problem with the Council discussing how they feel on some of these issues. He feels strongly about changing the title of the agency. Council Member Osborne noted the Council will probably have more questions than answers if it tries to discuss CV A operational issues because that information is not available yet. As for whether or not to stay with CV A, he stated it would be difficult for him to support withdrawing because the City's only TOT business has indicated they want the City to remain a member. He doesn't have a problem getting a report on the marketing aspect but would like to include available options. He inquired about the series of meetings to be held at the CV A. Council Member Henderson stated she isn't sure how many meetings will be held. They will be discussing what the agency does, its effectiveness, if it can be salvaged, or if it is beyond repair. Council Member Osborne noted a study session will allow the Council to voice their questions so they can be taken back to the CV A for answers. Council concurred to direct staff to schedule a study session on June 21, 2005, and to provide in the staff report a summary of the June 14 CV A meeting arid the requirements for withdrawing. 2. DISCUSSION REGARDING AUDIT COMMITTEE. Council Member Osborne suggested considering a new firm to conduct the City's audit. He also suggested an audit committee be formed, composed of the City Treasurer, City Manager, one Investment Advisory Board Member, and one or two Council Members, with the auditor being responsible to that committee. He noted other cities use an audit committee so that any issues raised by the auditor are presented to the committee and not just to staff. He referenced a new law requiring charitable organizations with revenues over $ 5 million to have an audit committee, and suggested it might have helped for the CV A to have an audit committee. Council Member Henderson noted the CV A has an audit committee, and that the audits were fine. City Council Minutes 30 June 7, 2005 Council Member Osborne indicated the suggestion is not due to any concern about staff but he feels it's important to have an audit firm that understands they are directly responsible to the Council and the audit committee. He noted by the time the Council sees the audit, it has been published and no changes can be done. In response to Council Member Henderson, City Manager Genovese stated the Council has the authorization to modify the report after it's presented. He indicated the auditor does not go before the Investment Advisory Board but does meet independently with the City Manager each year. Council Member Osborne noted La Quinta is ahead of most cities by having an Investment Advisory Board and Investment Policy, and he feels it would help to have an audit committee that meets with the auditor before the audit, during the audit, and after the audit. He believes the current audit partner is not providing anything of financial value to the City. In response to Council Member Osborne, Mr. Genovese stated the City's reserve formula was created about nine years ago and has been modified a few times since then. He explained increasing the percentage earlier would . have taken away from operational revenues. Mr. Osborne stated knowing where the City's reserves should be, would help him to understand what the City can contribute to the communities in the future. Mr. Genovese noted it may make sense to let the audit firm complete the last year of their contract, and indicated staff will bring the audit committee back to Council at a future meeting. Council concurred. 3. DISCUSSION REGARDING SilverRock RESORT OPERATIONS. (See Page 20 for this item.) The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting reconvened. The City Attorney announced the City Council has concluded a closed session on Item No.3 and voted to initiate litigation regarding unpaid Transient Occupancy Taxes (TOT), interest, and penalties against Casitas Las Rosas Company, LLC. The motion passed with Council Members Perkins and Osborne voting in opposition. City Council Minutes 31 ADJOURNMENT ' There being no further business the meeting was adjourned. Respectfully submitted, ~d~L JUNE S. GREEK, City Clerk City of La Quinta, California June 7, 2005