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2007 10 02 CC Minutes LA GUINTA CITY COUNCIL MINUTES OCTOBER 2, 2007 A regular meeting of the La Guinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT .- None CLOSED SESSION City Attorney Jenson did not participate in Closed Session Item No.1. 1 . Conference with City's legal counsel regarding potentia~ litigation with Shea Trilogy Tentative Tract Map 30023, pursuant to Government Code Section 54956.911il)(1) and Ie). 2. Conference with labor negotiator, Bret M. Plumlee, regarding negotiations with the La Quinta City Employees' Association pursuant to Government Code Section 54957.6 - Meet and Confer Process. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA City Manager Genovese announced a revised set of minutes has been distributed to the Council for consideration; and requested to open the Redevelopment Agency meeting after the City Council Consent Calendar. City Council Minutes 2 October 2, 2007 ANNOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented proclamations to students Mario Cantu, Jose Angel Garcia, Alfredo Isidoro, and Giancarlo Macias in honor of the assistance they provided at a local school bus stop. * * * * * * * * * * * * Peter Nelson, representing the Coachella Valley Water District, gave a presentation on the water situation in the Valley, including the effects of a multi-year drought, Colorado River source, reduction of exportable delta water from the State; ,extended the opportunity to confer with the City about water conservation; and introduced Steve Robbins. Mr. Robbins explained a recent decision from Judge Wagner and the effects on the Coachella Valley, the importance of water conservation, and suggested a joint effort between the City and the District to review the efficiency of the Landscaping District water systems. . Council Member Kirk thanked Mr. Robbins and Mr. Nelson for presenting the information and acknowledged them as La Guinta residents; stated La Guinta has taken aggressive steps toward water conservation by adopting stringent ordinances; conveyed his concern when the importance of conservation was . conveyed; stated must take two steps, firm up supply and conservation; and proposed to accept the District's offer to confer to address the possibility of reducing water consumption and volunteered to represent the City Council. In response to Council Member Henderson, Mr. Robbins stated he did not report the broken sprinklers; and suggested the City promote specific hotlines for reporting irrigation issues. Council Member Henderson agreed with the awareness factor, but does not agree with the percentage of citizens the District believes are concerned with water consumption. Council Member Sniff suggested to create a program dealing with waste and basic water use; stated there are many ways to deal with this issue without obstructing peoples lives; Lowell Weeks had stated we had enough water for the next 100 years; the District is on the recharge and if the sand and clay collapse, the Valley will be in a subsidence. Mr. Robbins stated because of the infill of the Colorado City Council Minutes 3 October 2, 2007 River the Valley is in good shape; Mr. Weeks did not anticipate we would be in good shape for 100 years as the demand today is much higher than the 1930's; subsidence is currently occurring throughout the Valley; there are many solutions to the issue -ground water recharge, conservation, and firming up the water supply; and explained the Valley is fortunate compared to other areas as we have two water systems. Council Member Osborne agreed with meeting with the District and supported Council Member Kirk representing the City Council. Mr. Nelson informed the City Council the governor has called a special session to address water and health issues and encouraged the City to contact legislative representatives and urge the support - three bond issues: conveyance; storage; and the environmental. Mayor Adolph agreed with the comments made and explained the City Council is aware of the nuisance water issue.; stated the Council has approved to install desert scape instead of sod; and stated he has personally installed an InstaHot system to conserve water in his home. Council Member Henderson stated there was interest to work with the District in building another reclamation plant at this end of the Valley and was surprised by the eye-openinll response received from the District. Mr. Robbins replied by explaining the demand for recycled water usage is needed in the summer months, where the supply of recycled water is available during the winter months. Council Member Henderson conveyed her support for higher water rates to promote conservation. Mr. Robbins explained the increase of rates is not effective across the board, and that a tier system for overall usage would be more beneficial. Kay Wolff, 77-227 Calle Ensenada, stated it is wonderful to hear a comprehensive report of the water situation, and that many residents are here because of the appreciation for the beauty of the area; and that the community would appreciate some public awareness and would be receptive of the information. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of September 18, 2007, as revised. Motion carried unanimously. City Council Minutes 4 October 2, 2007 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 2, 2007. 2. ADOPTION OF A RESOLUTION APPROVING THE CITY OF LA QUINT A EMERGENCY OPERATIONS PLAN. (RESOLUTION NO. 2007-090) 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR AN ANIMAL CONTROL/ CODE COMPLIANCE OFFICER I TO ATTEND THE NATIONAL ANIMAL CONTROL ASSOCIATION TRAINING ACADEMY SPONSORED BY THE NATIONAL ANIMAL CONTROL ASSOCIATION IN SACRAMENTO, CALIFORNIA, NOVEMBER 5-9, 2007. 4. APPROVAL OF FISCAL YEAR 2006/2007 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 5. APPROVAL OF FISCAL YEAR 2006/2007 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. . 6. APPROVAL OF A BANKING SERVICES CONTRACT WITH WELLS FARGO. BANK. 7. APPROVAL OF AN ADVANCE FROM THE GENERAL FUND TO THE SILVERROCK GOLF ENTERPRISE FUND. 8. APPROVAL OF CONTRACT CHANGE ORDER NOS. 49 AND 71 TO GKK WORKS FOR PAINTING THE EXISTING EXTERIOR STUCCO ON CITY HALL AND THE EXISTING PARKING LOT TRELLISES FOR CITY HALL EXPANSION PROJECT NO. 2002-01. 9. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE. IPS&E) AND AUTHORIZATION TO ADVERTISE FOR BID THE CITYWIDE TRAFFIC' SAFETY IMPROVEMENTS, PROJECT NO. 2006-16, AND ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445Ia). IRESOLUTlON NO. 2007-091 ) 10. . ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 334451a) AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE EISENHOWER DRIVE PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18. IRESOLUTION NO. 2007-092) City Council Minutes 5 October 2, 2007 11. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) A,ND AUTHORIZATION TO ADVERTISE FOR BID THE JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2005-03. 12. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29323-1, ESPLANADE, LENNAR HOMES. MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended with Item Nos. 2, 9, and 10 being approved by RESOLUTION NOS. 2007-090 through 2007-092 respectively. Motion carried unanimously. The City Council recessed to the Redevelopment Agency at this time. The City Council meeting was reconvened. BUSINESS SESSION 1. CONSIDERATION OF A FUNDING REQUEST FROM THE COACHELLA VALLEY MOUNTAINS CONSERVANCY TO ACQUIRE PROPERTY IN LA QUINTA SECTION 5, AND APPROPRIATION OF FUNDS. Assistant City Manager/Development Services Evans presented the staff report. In response to Council Member Kirk, Assistant City Manager/Development Services Evans stated the policy could be interpreted by the City Council to be consistent with the open space policy and with the Open Space Element; and explained the City has policies in the Economic Development program to assist businesses. Community Services Director Hylton stated the residents indicated the need for walking/bike trails in the community on a recent survey, in response to Council Member Kirk. In response to Council Member Kirk, Assistant City Manager/Development Services Evans explained Travertine was proposed to be a participant but not as a grant under the current program as outlined. Assistant City Manager/Development Services Evans stated the General Plan does not show a trail through this property, and explained when the Multi- City Council Minutes 6 October 2, 2007 Species Habitat Plan is adopted it will have a trail plan and as currently drafted, would need an amendment to include a trail at this site; confirmed amendments to the General Plan and the Multi-Species Habitat Plan are needed to implement a trail on the property; and confirmed the acquisition of property for development has been done through the Redevelopment Agency. In response to Mayor Adolph, Assistant City Manager/Development Services Evans explained the private property included in the plan is designated as a conservation area in the plan when the plan is approved. Bill Havert, 73-710 Fred Waring Drive, Palm Desert, Executive Director of C. V. Mountains Conservancy, explained the request of funding for a $924,000 Federal Section 6 Grant, the $243,121 City of La Guinta 25% match, and stated a perimeter trail is included in the plan and would merely need to be implemented. In response to Council Member Osborne, Mr. Havert explained the $3.2 million appraisal was prepared by Rose Suites and Associates in the spring of 2007 and was based on $32,000 per acre for undeveloped property. Assistant City Manager/Development Services Evans confirmed there would be no additional obligation to other private properties. Joan Rebich, 53-810 Avenida Cortez, speaking on behalf of herself and the Cove Association, encouraged the City Council to approve this funding; and stated the acquisition would offer additional hiking areas and that the community is interested in more open space and trails. Katie Barrows, 53-298 Avenida Montezuma, urged the City Council to approve the funding request; stated she is proud the City' has acquired property to protect open space and wildlife; and thanked the Council for the long-term planning of water conservation; and stated this is a one-time opportunity. The City Council recessed the meeting at this time. Mayor Adolph reconvened the City Council meeting. Council Member Sniff conveyed his concern of setting a precedent and the possibility for additional funding requests; stated the Conservancy is expecting others to fund the project. Mr. Havert explained there are hundreds of thousands of projects to fund with $36 million which is received over the period of three years. City Council Minutes 7 October 2, 2007 In response to Council Member Sniff, Mr. Havert stated the City's General Plan has a land development designation for the proposed properties; was unable to provide proof of the sale of parcels at $50,000 per acre and explained the high-end sales have been $50,000 and the low at $32,000 per acre; explained the Conservation Board acquired only one appraiser; confirmed there is currently no trail on the property; explained funding sources will be available to the Conservation Board for future acquisitions. Council Member Sniff conveyed his concern of the Conservancy Board requestin!~ additional funding from the City for future acquisitions and stated his support for this one-time acquisition. Council Member Henderson conveyed her concern of Section 5 property and follow-up requests from the Conservation Board and stated there will be certain community members who will support open space at any costs. In response to Council Member Henderson, Mr. Havert explained the property is currently in escrow and there is a time factor which is at the good graces of the seller; current property owners will be disappointed if hoping to sell at a high price as the State is paying less than the original price whEm the property was acquired; explained that funding sources will not be available if the property is not acquired at this time; stated this is a unique circumstance as the State provided the match and with Travertine stepping out, the Board is looking for other sources of funding;.and explained Travertinll was to provide mitigated funds, not matching funds. Council Member Sniff suggested bringing this item back to discuss further and set a policy for the acquisition of the properties. Council Member Osborne agreed and stated it is a good idea to set a policy: Council Member Kirk stated it would be great if the City had a policy; suggested to establish a policy independently and provide Mr. Havert some direction on whether the City will participate in the funding; suggested to discuss the matter further; conveyed his support to the acquisition of property and funding match; if there are any risks, it's associated with Section ~j; and has a potential to be developed as low-density residential; and conv,eyed his support of the acquisition and funding. Mayor Adolph stated many people bought under the speculation of the development of the Travertine project; the City has grown so rapidly and had concern of density; La Guinta is the only city that adopted an ordinance regarding no-slope of the hillside development; need to move forward and City Council Minutes 8 October 2, 2007 develop a working agreement with the Board and include to develop a trail if need to and stop future funding requests. In response to Council Member Henderson, Mr. Havert stated the State will be the property owner. Council Member Sniff stated he agrees with the comments made and is willing to support the acquisition today; and requested a policy be developed for future acquisitions. MOTION - It was moved by Council Members Kirk/Osborne to approve a request by Coachella Valley Mountains Conservancy for matching funds to acquire land within Section 5 and authorize the appropriation of $243,121 from the General Fund Un allocated Available Reserves and direct staff to bring back the item for further consideration of a policy for any additional property acquisitions. Motion carried unanimously. The City Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS - None BUSINESS SESSION . . . . . . . . . . continued 2. CONSIDERATION OF A HISTORICAL MURAL TO BE PAINTED AT THE LA QUINTA MUSEUM THROUGH THE ART IN PUBLIC PLACES PROGRAM. Community Services Director Hylton presented the staff report. In response to Council Member Henderson, Community Services Director Hylton explained this project did not go out to bid as it is not a city project and was brought to staff from an outside source. Community Services Director Hylton confirmed the mural will encompass the entire wall at the Museum in response to Mayor Adolph. City Council Minutes 9 October 2, 2007 Louise Neely, 42-625 Iowa Street, Palm Desert, stated she has been with the La Guinta Historical Society for 17 years; the idea of a mural depicting the history of La Guinta came before the Board earlier; knew of the artist Andre Blanche; this particular mural will bring people in to see the mural and information of the history of La Guinta depicted in the mural. In response to Council Member Osborne, Mr. Blanche confirmed the mural will be painted directly on the wall; confirmed that prints could be made of the mural; stated the Historical Society has discussed installing a plaque describin~l the creation of the mural; and explained the research and conception of the mural. Mr. Blanche confirmed prints would be for sale to the public, in response to Council Member Osborne. Mrs. Neelly stated she was unaware if the price for painting the mural was comparable to other artists and murals, in response to Council Member Kirk. Council Member Sniff conveyed his concern and stated he would be more assured if he had an understanding of what the wall will look like; stated this matter has not been discussed by the Council; prefers to go out for proposals to compare prices; stated the artist has missed some items that have histlorical significance to the City, such as The Desert Club; suggested to hold this matter and go out for proposals to receive multiple submissions to compare pricing; and stated he cannot support the item at this time. Council Member Henderson stated she understands Council Member Sniff's concerns; approved the expenditure for art in front of the Embassy Suites and Griffin Ranch which are similar projects and were not processed through public bids; in the past had concern that the conquistador at Rancho La Guinta was a logo presentation; agrees the La Guinta Hotel representation in the mural needs improvement and other minor items to revisit; stated the mural is a great work and enjoys Mr. Blanche's work; agrees to the point of clarifying the circumstances of the posters as to the product owned by the museum or relinquish rights to the Historical Society; and suggested the City be the owner of the rights with the proceeds to be utilized by the Society. City Manager Genovese stated staff will bring an agreement with the particulars for the sale of prints for the City Council's approval. Council Member Kirk stated the rendering is a great first step and encourag,ed the artist to meet with Council Member Sniff and other members of the community to touch up the historical depiction; conveyed his concern City Council Minutes 10 October 2, 2007 of the price and requested information on the pricing of art of this scope; stated most of the public art in the City is more public where this is inside a building. Mayor Adolph stated a few years ago, a mural was painted inside the Senior Center which did not go out for bid; and stated Andre Blanche does beautiful work and considered the mural as a great asset to the community. MOTION - It was moved by Council Members Henderson/Osborne to approve the Historical Mural to be painted on the south wall of the La Guinta Museum community room and $125,000 from the Art in Public Places Fund and establish a policy for the sale of prints. Motion carried, 4-1, Sniff dissenting. 3. CONSIDERATION OF ART IN PUBLIC PLACES FEE CREDIT FOR A BRONZE ART PIECE FOR ANDALUSIA AT CORAL MOUNTAIN. Council Member Kirk recussed himself from this item as the applicant is his employer. Community Services Director Hylton presented the staff report. In response to Council Member Osborne, Community Services Director Hylton stated T.D. Development will not be the owner of the art piece and explained it will be located outside the development on Madison Street. Council Member Sniff conveyed his support of this item. In response to Council Member Henderson, Community Services Director . Hylton explained the City has a record of all the art in public places displayed, but is not aware each piece has an identifier. Council Member Henderson suggested to establish a numbering of plaques to create a map of the artwork in the city and questioned Mr. Grady Sparks if he would object to an identifier for the proposed art piece. In response. Mr. Sparks stated there would be no objection to an identifier contingent upon the size not being too large. Grady Sparks, 78-485 Cabaneros, stated he has been in La Guinta for 15 years; has discussed art in public places at great length; explained the origination of the idea for the bronze horse from one of the pictures at the groundbreaking; stated South La Guinta has an equine influence; and described the proposed location of the art piece. City Council Minutes 11 October 2, 2007 MOTION - It was moved by Council Members Sniff/Henderson to approve T.D. Development L.P. purchasing the bronze art piece for Andalusia at Coral Mountain and be awarded a fee credit of $176,613 to purchase the art piece. Motion carried 4-0-1, Kirk abstaining. 4. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD-HOC COMMITTEE TO REVIEW THE SECOND QUARTER GRANT REQUESTS. MOTION - It was moved by Council Members Sniff/Osborne to appoint Mayor Adolph and Council Member Kirk to serve on the Community Services Grant Re,view Ad-Hoc Committee to review the second quarter grant requests. Motion carried unanimously. 5. CONSIDERATION OF AN APPOINTMENT OF A REPRESENTATIVE TO THE BOB HOPE CHRYSLER CLASSIC FUND DISTRIBUTION COMMITTEE. MOTION - It was moved by Council Members Sniff/Kirk to appoint Mayor Adolph to serve as the City's representative on the Bob Hope Chrysler Classic Fund Distribution Committee. Motion carried unanimously. 6. CONSIDERATION CHAMBER OF COMMITTEE. OF SELECTION OF A REPRESENTATIVE TO THE COMMERCE WORKSHOP/INFORMATION EXCHANGE Council Member Osborne questioned the number of meetings held, starting in October. Council Member Sniff suggested continuing this item. MOTION - It was moved by Council Members Henderson/Kirk to appoint Council Member Sniff to serve for three consecutive meetings on the Chamber of Commerce Workshop/Information Exchange Committee. Motion carried 4-0-1 , Council Member Sniff abstained. 7. CONSIDERATION OF APPOINTMENT OF A LA QUINTA CITY COUNCIL REPRESENTATIVE TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP EXECUTIVE COMMITTEE. City Council Minutes 12 October 2, 2007 MOTION - It was moved by Council Members Osborne/Henderson to appoint Council Member Kirk to serve as the City's representative on the Coachella Valley Economic Partnership Executive Committee. Motion carried unanimously. The City Council recessed to the Redevelopment Agency meeting at this time. Mayor Adolph reconvened the City Council meeting. STUDY SESSION 1. DISCUSSION REGARDING POLICY ON NON-RESIDENT STATUS FOR BOARDS AND COMMISSIONS. Council Member Henderson stated the City has been through the process with residents and non-residents, changing back and forth; has been challenged to meet some of the requirements to fill vacancies; and stated she is comfortable keeping the requirement as it is and see the non- conforming sections changed to coincide with the residential requirement. Council Member Kirk stated there have been some challenges to fill vacancies on the Architecture and Landscaping Review Committee, specifically for architectural expertise, and would support appointing an applicant with architectural expertise from another City. Council Member Henderson stated it is the City's responsibility to fill the vacancies. Council Member Kirk stated he would like the option to appoint a qualified non-resident, if no qualified residents are available; if all else equal, the preference is a La Guinta resident. Council Member Henderson stated that preferential consideration to residents may be unfair to those non-residents applying. Mayor Adolph stated he agrees with Council Member Henderson where a La Guinta resident would be considered first; and questioned if Council should have the option to appoint a qualified non-resident applicant to avoid a long-term vacancy. Council Member Osborne stated the professional member requirement for appointment to the Historic Preservation Commission began this discussion; City Council Minutes 13 October 2, 2007 and conv1syed his support to consider a qualified La Guinta resident first, but have the option to appoint a qualified non-resident if no qualified residents are available. Council Member Sniff stated he sincerely believes Council Member Henderson has a valid point by the possibilities of giving preferred consideration to La Guinta residency and should not be any effort to encourage participants from other cities; and stated the requirement should be a La Ouinta resident period, with special provision for the appointment of the professional member of the Historic Preservation Commission. Council Member Osborne stated there should be a provision to require a qualified architect as one of the members of the Architecture and Landscaping Review Committee. City Manager Genovese stated there may be political challenges in appointinll a more qualified applicant that is a non-resident. Council Member Kirk suggested keeping the residency requirement, except for the professional member requirement for the Historic Preservation. Commission and adding the requirement of one member of the Architecture and Landscaping Review Committee be a professional architect, and if no qualified residents, advertise for non-resident recruitment. The City Council concurred. 2. DISCUSSION REGARDING ATTENDANCE REQUIREMENTS OF BOARDS AND COMMISSIONS. Council Member Henderson conveyed her satisfaction with the current policy. Council Member Sniff stated the policy may be too liberal relating to unexcused absences; and suggested to change the number of absences to two, and encourage the commissions to judge absences more harshly. Council Member Kirk suggested changing the policy to two consecutive excused absences, up to three in a year, unless approved by the City Council for extenuating circumstances. The City Council concurred. City Council Minutes 14 October 2, 2007 REPORTS AND INFORMATIONAL ITEMS Council Member Kirk stated he was invited to attend the Environmental Sustainability Institute presented by California State San Bernardino and was unsure of the direction of the Institute. Animal Campus Commission - Council Member Henderson gave an update on legislation regarding mandatory spaying and neutering of pets, and stated amended language is being proposed that would make a pet owner subject to a fine if the pet is involved with a public nuisance or action. Jacqueline Cochran Regional Airport Authority - Council Member Henderson reported they are continuing to prepare for the upcoming air show, and explained it will be a one-day event and a dinner; and suggested the Airport Authority may want to review the meeting schedule. League of California Cities - Council Member Henderson reported there is a lot of language coming out from the California Water Agencies relating to Howard Jarvis eminent domain. Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Henderson reported the Authority is not in financial turmoil, as funds were allocated based on proposed annual TOT and is reprogramming; discussed branding; and discussion of sales tax is going to TAC and additional sales tax revenues. Riverside County Transportation Commission - Council Member Henderson stated RCTC has negotiated a contract with Anne Mayer who will take the position of Executive Director at the end of October. Homelessness Committee - Council Member Osborne reported the Committee is considering a location a western facility in Palm Springs; stated one of the locations in the County will be near a new Burrtec facility; is currently looking at existing buildings; and still needs to look at the east side. Human and Community Resources Committee - Council Member Osborne reported the main issue discussed was the 211 Social Services report, which is running out of Riverside and is proposed to have more services in the Coachella Valley. CVAG Executive Committee - Mayor Adolph reviewed a closed session item dealing with litigation with five lawsuits against the Habitat program. * * * * * * * * * * * * * City Council Minutes 15 October 2, 2007 All other reports. were noted and filed. DEPARTMENT REPORTS 3-A. VACANCY ON THE LA QUINTA PLANNING COMMISSION. Upon consensus, the City Council directed staff to advertise for additional applicants and bring back for Council consideration at the November 6, 2007 meeting. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSIION REGARDING HISTORICAL SITE. Mayor Adolph presented his interest on this item. City Attorney Jenson explained if the building were considered a historical resource 1from the City and under State law, a demolition permit could not be issued without going through the CEGA process for' an EIR; and explained the distinGtion is where the City Code provides for a process of designating a historic landmark, historic area, district, or building and special requirements that apply. In response to Council Member Sniff, City Attorney Jenson explained the Code states the building must be maintained in its current condition. Council Member Henderson stated she served on the Historic Preservation Commission when the first assessment was done, and the Morgan house was nev€,r considered a high priority of historical significance because it's falling apart. Mayor Adolph stated the point is do we want to do something to protect the Morgan house. City Attorney Jenson stated changing the designation at this time not advisable as we are in litigation with the property. Council Member Osborne suggested to bring this back as a discussion item in six months. Mayor Adolph suggested the City should do as much as possible to protect the Morgan house. City Council Minutes 16 October 2, 2007 City Attorney Jenson explained the legal process to notify the legal owner to keep the building in good repair of said landmark. Council Member Henderson stated the La Guinta Hotel (Landmark) never wanted to be designated as a historical site or participate in MILSAC. Upon consensus, the City Council directed staff to bring this item back in two months. 2. DISCUSSION REGARDING CITY CODE ADDITIONS. Mayor Adolph presented his interest of this item. Council Member Sniff stated the City will have to consider retrofits; and stated this matter was discussed many years ago to consider construction over 5,000 square feet. Council Member Henderson stated the Fire Department has suggested requiring the installation of sprinklers in homes 6,000 square feet or more. Mayor Adolph suggested requesting staff to review the City Code with the Fire Department for a possible amendment addressing fire safety for new construction 6,000 square feet or more. Council Member Kirk reported the Battalion Chief stated the thickness of the stucco work on the interior and the exterior lighting fixtures attributed to the hindrance of the Fire Department's efforts and the burning of the Bryant House. Mayor Adolph also requested a requirement for InstaHot valves to be installed on new construction. ADJOURNMENT There being no further business, it was moved by Council Members Osborne/Henderson to adjourn. Motion carried unanimously. ~ VERONICA . MONTECINO, City Clerk City of La Guinta, California