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2007 12 04 CC Minutes LA GUINTA CITY COUNCIL MINUTES DECEMBER 4, 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 , Michelle Staples, Law Offices of Jackson DeMarco, representing Shea for the Trilogy project, stated they have submitted a draft settlement agreement and informed the Council will be briefed by staff regarding a few technical questions; stated they are anxious to work out a resolution with the goal of approval of the final map presented at the December 18, 2007 City Council meeting; and requested to review questions if time permits. Council Member Sniff requested Ms. Staples identify her firm and who she is representing. CLOSED SESSION 1. Conference with the City's legal counsel regarding pending litigation - Shea La Quinta, LLC. V. City of La Quinta, Riverside Superior Court Case No. RIC484197, pursuant to Government Code Section 54956.9(al. (See announcement on Page 3.1 2. Conference with the City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of property identified as APN 767-220-004. Property Owner/Negotiator: Turner Development, Rusty Turner. 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. City Council Minutes 2 December 4. 2007 PUBLIC COMMENT Janice Marken, 54-040 Avenida Cortez, voiced a complaint about the lack of maintenance of a vacant lot across from her residence and requested information on the status of the property. Ellen Silva-Martinez, 54-060 Avenida Cortez, stated she does not observe police patrolling the community, except motor police; and conveyed concern of crime in the community and limited number of officers assigned to the City. Council Member Osborne stated the number of police officers has been increased every year. City Manager Genovese suggested staff schedule a meeting for Mrs. Silva-Martinez with the Police Chief. CONFIRMATION OF AGENDA City Manager Genovese referenced the distribution of two memos - one informing the Council of a minor change to the October 23, 2007 Joint Meeting minutes, and the other clarifying the proposed street name for Consent Calendar Item No.4. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM COACH ELLA VALLEY RECREATION AND PARK DISTRICT DATED OCTOBER 31, 2007 REGARDING THE CORAL MOUNTAIN DISCOVERY PARK. There was no representative from the Coachella Valley Recreation and Park District in attendance of the meeting. The City Council requested this item be brought back for discussion at the December 18, 2007 meeting. City Council Minutes 3 December 4. 2007 CLOSED SESSION ANNOUNCEMENT City Manager Genovese stated the City Council took action regarding Closed Session Item No.1. It was moved by Council Members Sniff/Osborne to approve the settlement agreement as amended. Motion carried unanimously. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Special Meeting Minutes of October 23, 2007, as amended (changing Historical Preservation Commission on Page 4 to Investment Advisory Board). Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of November 20, 2007, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Osborne requested Consent Item No.3 be considered separately, as the applicant is a client of his employer. He also commented on Consent Item No.8 by stating there is no left-turn out from the apartment complex on Avenue 52 and requested staff review the issue. Council Member Henderson asked if this item was discussed at a public hearing. City Manager Genovese stated the discussion was part of the approval and suggested staff report back on the approval, challenges, and options at the next meeting under Department Reports. Mayor Adolph stated the road conditions have not been completed as the developer is waiting for completion of the b~idge improvements. 1 . APPROVAL OF DEMAND REGISTER DATED DECEMBER 4, 2007. 2. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. 3. ADOPTION OF A RESOLUlilON GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33991, MARK P. GREEN, AN UNMARRIED MAN. (See separate action below.1 City Council Minutes 4 December 4. 2007 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30378, POLO ORCHARDS, LA QUINTA POLO ORCHARD PARTNERS, LLC, AS AMENDED. (RESOLUTION NO. 2007-1091 5. APPROVAL OF A FINANCE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY RELATING TO THE ACQUISITION COSTS FOR NINE ACRES LOCATED ON THE SOUTH SIDE OF HIGHWAY 111 AND EAST OF DUNE PALMS ROAD, AND APPROPRIATE GENERAL FUNDS FOR THE ACQUISITION COSTS. 6. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE RELINQUISHMENT OF STATE ROUTE 111 WITHIN THE CITY OF LA QUINTA JURISDICTIONAL BOUNDARIES. 7 . APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE AVENUE 58 AND EISENHOWER DRIVE PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18. 8. APPROVAL OF A CONTRACT AND LICENSE NO. 07-07-34-L1515 FOR AUTHORIZATION FROM THE BUREAU OF RECLAMATION TO CONSTRUCT THE AVENUE 52 BRIDGE WIDENING IMPROVEMENTS, PROJECT NO. 2005-02. 9. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR TRAFFIC ENGINEERING SERVICES. 10. APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS FOR PHASE II INTERIOR IMPROVEMENTS TO THE LA QUINTA LIBRARY. 11. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH VCA CODE GROUP (FORMERLY VAN DORPE CHOU. ASSOCIATES) TO PROVIDE PLAN CHECK SERVICES. 12. APPROVAL OF A RECIPIENT FOR THE 2008 SENIOR INSPIRATION AWARD PROGRAM. 13. APPROVAL OF A CONTRACT CHANGE ORDER TO DAVIS REED, INC. TO UNDERGROUND EXISTING OVERHEAD UTILITIES AT THE LA QUINTA MUSEUM, PROJECT NO. 2000-10. City Council Minutes 5 December 4, 2007 MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and amended with the exception of Item No.3 and with Item No.4 being approved by RESOLUTION NO. 2007-109. Motion carried unanimously. ITEM NO.3: RESOLUTION NO. 2007-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33991 MARK P. GREEN, AN UNMARRIED MAN MOTION - It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2007-110 as submitted. Motion carried by a vote of 4-0-1, Council Member Osborne abstained. BUSINESS SESSION 1. CONSIDERATION OF CITY OF LA QUINTA AND COACHELLA VALLEY WATER DISTRICT COOPERATIVE LANDSCAPE WATER MANAGEMENT PROGRAM AND APPROPRIATION OF $50,000 FROM GENERAL FUND UNALLOCATED RESERVES. Assistant City Manager-Development Services Evans presented the staff report. Council Member Kirk acknowledged and thanked the Council for providing direction to start this process; commended staff for preparation of the program; stated Mr. Steve Robbins has been involved in the development of the program; stated the outline of the program will be exciting, as the simplest component is the water meters; expects the water reduction to be extremely significant; inquired what programs are being implemented with other cities, and was informed this is the most comprehensive City/Water District program in the Valley; stated many of the energy conservation efforts are focused on "do what we say", and stated the City is leading by example; conveyed his excitement for the program and this is a great first start; and thanked staff for their efforts. Council Member Osborne stated he is looking forward to implementing the program and having the opportunity to work with CVWD. City Council Minutes 6 December 4, 2007 Council Member Sniff stated it is good to work together with CVWD as water is a precious commodity; stated it is almost an impossible situation to deal with total effectiveness as this is the desert with a growing population; stated the evaporation of lakes and ponds averages approximately six feet and requested this matter be reviewed; stated the water used in golf courses is in the lakes, not turf; stated the variation in soil and frequency of water be tailored to the soil; stated there is not a blanket solution for the entire City and the solution must be considered house by house and development by development; and stated it is worth an attempt and effort to implement the program. Council Member Henderson was informed that 4.2 gallons of water equates to approximately 1,500 acre feet. In response to Council Member Henderson, Assistant City Manager- Development Services Evans stated the program will be implemented through education with the City's landscape contractor, ongoing discussions, and what is expected. Council Member Henderson suggested a manual be incorporated with the bidding process for better understanding of what is acceptable; stated one of the goals of the League of California Cities Board is to address Green Sustainable Cities, which is certainly in line with the discussions throughout California; referred to "Public Relations Opportunities" in the staff report, and commented on the need to get the word out of what we are doing, and suggested compiling a report depicting of what is being done. Assistant City Manager-Development Services Evans stated that is a good idea; and informed the Council of an objective to promote the program in the January City newsletter; and explained staff has an impressive program underway and will be presenting information to the Council at the December 18, 2007 meeting. Council Member Henderson thanked the members who worked on the program and is aware of the commitment to the cause. Mayor Adolph stated the City of Palm Desert is receiving many accolades in The Desert Sun for going green, and he hopes the press will promote the efforts of the City of La Guinta; and questioned if there is a provision for residents to bypass the program. Assistant City Manager-Development Services Evans explained there will be a new controller which cannot be bypassed, and is aware CVWD is installing the controller in other communities as well; stated statistics show there is only one resident who requested the District to uninstall the unit; stated City Council Minutes 7 December 4, 2007 CVWD is willing to conduct training with the residents as needed. Mayor Adolph stated he hopes homeowners will understand that if the controller is not working to their satisfaction, CVWD will remove it from their residence. Mayor Adolph stated code enforcement officers are out in the community and questioned if staff has considered distributing a generic letter about saving water, and reporting waste water issues. Assistant City Manager- Development Services Evans stated CVWD currently informs residents by a door hanger for waste water issues and flags the area needing attention. Council Member Sniff suggested an acknowledgment of some kind be prepared identifying those who are participating in the program by a sign possibly stating "Water Efficient Home." Council Member Kirk stated there is policy direction and details will be presented to the Council; and requested a reporting mechanism to the City Council on the status and success of the program. MOTION - It was moved by Council Members Kirk/Henderson to approve a City of La Guinta and Coach ell a Valley Water District Cooperative Landscape Water Management Program, and appropriate $50,000 from the General Fund Unallocated Reserves. Motion carried unanimously. 2. CONSIDERATION OF TWO TILE MURALS IN OLD TOWN. Community Services Director Hylton presented the staff report. In response to Council Member Kirk, Community Services Director Hylton explained the previous artist, Mr. McGraw, has become seriously ill and unable to complete the project; stated staff has not taken action to retrieve the $4.700 funds paid by the contract and no receipts for supplies purchased have been received. City Attorney Jenson stated there is a standard contract with Mr. McGraw and there are provisions to retrieve the funds paid, however it was determined that it was not cost effective to pursue. In response to Council Member Kirk, City Manager Genovese stated the amount paid to date is $32,151 regarding the recommendation of the Community Services Commission for Phase 3. Council Member Henderson stated Mr. McGraw is extremely ill and it was his desire to complete the mural; she is supportive of moving forward with the City Council Minutes 8 December 4, 2007 project; she understands the theory behind a particular project paying for specific artwork, but is not concerned about this project being credited with the difference in the dollar amount; and stated she is pleased with the project and will support it. Council Member Sniff conveyed concern about paying people with no result and feels, administratively, this matter needs to be tightened up; stated there is a need to support this effort today and is hopeful the artwork will turn out better than the illustrations in the staff report and with more vividness. Council Member Osborne stated there is a need to move forward with this project; stated it is a shame what has happened to Mr. McGraw but the City should go through with the project. Mayor Adolph stated this project is a long-time coming, and should move forward as it will enhance the Old Town. MOTION - It was moved by Council Members Sniff/Henderson to approve the purchase of two tile murals for Old Town for $15,500, and allocate it from the Arts in Public Places Fund. Motion carried unanimously. 3. CONSIDERATION OF A SPONSORSHIP REQUEST FROM THE PRESTIGE AT PGA WEST. Management Analyst Casillas presented the staff report. Council Member Osborne stated he is in agreement with the Marketing Committee's recommendation not to support the request as the event has already passed; and suggested a request for funding next year be submitted prior to the event. Council Member Sniff stated this request should be declined. Council Member Henderson is in agreement the circumstances have passed for the event this year; conveyed her concerns about giving direction to apply for funds next year; questioned if this a marketing or community services grant process; stated the application clearly states the benefit to the City is a marketing benefit, and she is unsure where this type of request falls. Council Member Kirk stated the application leans towards a marketing approach, but is not sure it is to our community; stated he would like City Council Minutes 9 December 4. 2007 direction to be given to the organizers; and requested the marketing committee consider the amount of marketing benefit. Mayor Adolph conveyed his disagreement with the Marketing Committee's recommendation; stated the event brings 15,000 participants into the City, who spend tax dollars here; stated the participants return to respective communities and report on what a wonderful place La Guinta is; stated other organizations receive large amounts of funds to promote the City; stated The Prestige does a good job marketing the event in La Guinta for $5,000; and stated the City should support the organization in this event. Council Member Osborne suggested the request be brought back next year as marketing. Mayor Adolph stated the event is more focused on marketing than a charitable event. Council Member Henderson stated she understands comments made by Mayor Adolph; stated it is difficult to deny funding and the concern is not this organization, or what benefit we have; stated the concern comes from a policy standpoint and where to draw the line in recommending funding for organizations; stated there is value to niche marketing. Mayor Adolph stated the event is focused on golf, which is a major focus in the City of La Guinta; stated the City has completed the grant process and agrees not going to do this based on the policy; asked Council Member Henderson if she is recommending establishment of a policy for marketing issues. Council Member Henderson confirmed a policy should be established; conveyed concerned about how the request should be made if they come back next year - grant program or marketing program. Council Member Kirk stated he understands the comments made; stated if the City opens the door to one organization there will be others; and stated he supports considering a policy to consider these kind of requests. Council Member Sniff stated this is in a sense a rebate; stated the best thing to do now is to take no action, and discuss items of this nature at a later date. Council Member Osborne stated he agrees with not doing anything at this time; and suggested this or a similar event be considered in next year's marketing budget. No action was taken. City Council Minutes 10 December 4, 2007 4. CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS 13.04.070 AND 13.28.040 OF THE LA QUINTA MUNICIPAL CODE RELATING TO SECURITY FOR SUBDIVISION IMPROVEMENTS. Council Member Kirk recused himself from this item do to a potential conflict of interest. Public Works Director Jonasson presented the staff report. Council Member Henderson stated this amendment is great and will eliminate the redundancy. Council Member Sniff stated there is a need this matter be dealt with promptly. Council Member Osborne stated the amendment will make it easier on the developers. In response to Mayor Adolph, Public Works Director Jonasson explained a performance bond guarantees the work to be performed and is in effect for one year; and explained the labor and materials bond ensures that the suppliers of the project are paid. In response to Council Member Sniff, City Attorney Jenson stated the amendment does not change the aspect relating to performance and warranty and only eliminates the labor and material bond requirements; and explained the warranty bond requires 10% of the performance to help cover work to be performed. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 448 by title and number only and waive further reading. Motion carried by a vote of 4-0-1, Council Member Kirk abstained. ORDINANCE NO. 448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 13.04.070 AND 13.28.040 OF THE LA QUINTA MUNICIPAL CODE RELATING TO SECURITY FOR SUBDIVISION IMPROVEMENTS. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 448 on first reading. Motion carried by the following vote: City Council Minutes 11 December 4, 2007 AYES: NOES: ABSTAIN: ABSENT: Council Members Henderson, Osborne, Sniff, Mayor Adolph None Council Member Kirk None 5. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD-HOC COMMITTEE TO REVIEW THE 3RD QUARTER GRANT REQUESTS. Council Member Sniff stated the Council has been establishing the committee over and over, which indicates it is no longer an ad-hoc committee and has become a standing committee. City Attorney Jenson explained the matter brought before the Council at this time is to form a committee, then designate the committee for considering the third quarter grant requests. Council Member Sniff questioned when does the committee become a standing committee. City Attorney Jenson stated this committee is an ad-hoc committee as it is a newly formed committee. Council Member Sniff stated he does not like a subcommittee reviewing the grants, and prefers Council considering the applications. Council Member Henderson stated the process has worked and has been good for the Council Members who sat on the committee; language on why a grant has not been funded has been included in reports and the second year restriction has been established; conveyed support for continuing the current process, and volunteered to serve on the committee. Council Member Kirk recommended continuing with the appointment of a new subcommittee and making changes as needed; and stated the apportionment of dollars can be fine tuned. Council Member Osborne questioned when the next meeting would be scheduled. Community Services Director Hylton stated the next meeting to review grant applications will be at the end of January 2008. Council Member Osborne stated the current process should continue through the first year of implementation. MOTION - It was moved by Council Members Kirk/Osborne to form a Grant Review Ad-Hoc Committee to review the 3cd Guarter Grant requests. Motion carried by a vote of 4-1, Council Member Sniff dissenting. City Council Minutes 12 December 4, 2007 MOTION - It was moved by Council Members Kirk/Osborne to appoint Council Members Henderson and Osborne to serve on the Grant Review Ad- Hoc Committee to review 3'd Guarter grant requests. Motion carried by a vote of 4-1, Council Member Sniff dissenting. 6. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING AN INTERNET WEBSITE POLICY FOR THE CITY OF LA QUINTA WEBSITE. Assistant City Manager-Management Services Plumlee presented the staff report. Council Member Osborne stated this policy is a good start to help the hotels in La Guinta, but would like to see it taken a step further; stated other cities in the Valley have websites specifically dedicated to tourism, and suggested the City of La Guinta consider developing it's own tourism website to enable more participation; stated if we have a successful website, we can start selling advertising, and allow advertising funds allocated to the Chamber of Commerce, as they have funding challenges. . Council Member Sniff conveyed his support of the idea; stated there is a need to make the website available to all businesses who choose to avail themselves to it; stated businesses don't belong on the official La Guinta website; and stated it is logical to separate advertising on a dedicated website. Council Member Henderson conveyed support for the staff recommendation; also conveyed fear of unintended consequences of the policy; stated the policy will be modified in the future as needed; questioned why the Chamber of Commerce is not initiating a tourism website to generate funding by advertising; and voiced agreement with separation of the websites. Council Member Kirk stated there are two things to consider, one the more comprehensive suggestion, and the timid, yet extensive, policy presented; stated there is too much time, money, and energy spent on this type of issue; stated he would prefer adding links to the City website, and if there's a problem, then remove them; supports placing hotels on the website and supports the proposed policy. Mayor Adolph stated this is the first step; stated there is no separation of the City of La Guinta and La Guinta hotels, and may want to add other entities in the future. City Council Minutes 13 December 4, 2007 Council Member Osborne suggested getting this done and moving on; the use of a separate website will give the ability to list the events held in the City; suggested the website be titled playinLaGuinta.com; stated the advertising area needs to be explored which may generate revenue; suggested the Chamber of Commerce handle the advertising and the City control the website. Council Member Henderson questioned the quality of such a website as suggested, and stated in her opinion a website with advertising is as good quality as one without advertising. RESOLUTION NO. 2007-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING AN INTERNET WEBSITE POLICY FOR OPERATION OF THE CITY WEBSITE. It was moved by Council Members Osborne/Sniff to adopt Resolution No. 2007-111 as amended. Motion carried unanimously. Mayor Adolph recessed the City Council meeting at 5:41 p.m. and reconvened the meeting at 5:49 p.m. STUDY SESSION - None REPORTS AND INFORMATIONAL 'ITEMS League of California Cities - Council Member Henderson reported the Board discussed revenue and taxation; and reviewed the goals for 2008, which includes: protecting funding for vital community services, including the consideration of taking RDA funds; greening California; expanding infrastructure investment; continuing a very active and aggressive program to enact eminent domain reform. Riverside County Transportation Commission - Council Member Henderson reported she testified before the Transportation Commission, sent a message to transportation agencies to work together; the Commission completed what was been asked of them; stated of $2 billion CPYF fund, five county coalition will be awarded $1.3 billion or a maximum of $1.7 billon; reported on the Shop Money program; stated all commissions in California support the funding, Fabian Nunez spoke before the Commission and commended the work but was upset with the funding formula. City Council Minutes 14 December 4, 2007 She referenced the back page of the National Cities newsletter, and noted Mayor Ron Lunridge has been accepted as Second Vice-President, and Robin Lowe was appointed to the Board. C.V. Mosquito & Vector Control District - Council Member Henderson reported the District is currently evaluating the director; stated the workshop was very productive and provided many bright ideas; and stated a news release was distributed regarding new solar panels being installed at the facilities' parking garage. Council Member Henderson stated she is excited about the expansion of the library, but is disappointed it will be closed for almost a month. Council Member Sniff questioned if the library accepts vintage books. Chamber of Commerce Workshop/lnformation Exchange Committee - Council Member Sniff stated nothing came up at the meeting; and stated there may be a possibility the City will be faced with the extension of the contract with the Chamber of Commerce for use of the library. Council Member Sniff stated he attended a meeting with Mr. Kelly and associates regarding the proposed annexation of the Vista Santa Rosa area; requested this matter be dealt with significant promise and come up with a solid program; conveyed concern about the two-year time frame of the annexation; and prompted resolution of this matter. CV AG Homelessness Committee - Council Member Osborne reported the Committee approved the western facility, and discussion was led on how to pay for it; questioned the Committee if they have considered generating revenue, but it has been taken off of the table for discussion; explained the pick up service by the Western Coachella Valley Cold Weather Shelter (west of Cook Street) does not include La Guinta, but the City is expected to provide funding. CV AG Human & Community Resources Committee - Council Member Osborne stated the Committee discussed workforce housing, childcare and absence of enough childcare facilities in the Valley; the Committee has not looked at La Guinta, as they don't see a concern for this community. Jacqueline Cochran Regional Airport Authority - Council Member Osborne reported the Air Show event was a great success. City Council Minutes 15 December 4, 2007 SilverRock Resort Ad-Hoc Committee - Council Member Osborne reported all matters are coming online with regards to the Bob Hope Chrysler Classic and the PGA is very happy with the course. Sphere of Influence Subcommittee - Council Member Osborne stated he will be attending a meeting with the Vista Santa Rosa Task Force. Council Member Sniff asked if the subcommittee and memberships will be reviewed in the near future. City Manager Genovese stated the matter will be presented at the next Council meeting. Council Member Sniff questioned if the Council will be considering continuing subcommittees and appointments to memberships. City Manager Genovese confirmed. CV AG Executive Committee - Mayor Adolph reported the Executive Committee bid farewell to Ron Oden, and Alex Bias who received proclamations from CV AG for their service; and stated confi~mation of the designated alignments on Highway 111 for utilization of 15% of Measure A funds passed with two or three cities voting against it. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS Council Member Kirk referred to the 101 regarding Plaza Estado and conveyed his concern about the setback. Public Works Director Jonasson explained the curb elevation was different with the pad, which created the installation of the wall with a step down. Mayor Adolph stated the matter should not have happened in the first place, and should have been included in the original design. Public Works Director Jonasson explained staff relies on the developer's survey for the information. Council Member Henderson questioned if this was an ADA issue. Public Works Director Jonasson confirmed it is an ADA issue, and that once the building was constructed, staff was bound to fulfill the requirement. Mayor Adolph stated he recalls wide sidewalks were planned for pedestrian use on Calle Estado, but it has been destroyed by the improvements at Desert Club Drive. MAYOR AND COUNCIL MEMBERS' ITEMS - None City Council Minutes 16 December 4, 2007 Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO PROHIBIT NEW MINI-STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE WHILE ALLOWING EXISTING FACILITIES TO CONTINUE TO OPERATE AS LEGAL AND CONFORMING USES. Planning Director Johnson presented the staff report. In response to Mayor Adolph, Planning Director 'Johnson explained modifications include building additions or structural changes, which would require a site development permit. The Mayor declared the PUBLIC HEARING OPEN at 7:07 p.m. Kay Wolff, 77-227 Calle Ensenada, requested a similar ordinance address discount stores. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:08 p.m. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 449 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9 OF THE LA QUINTA MUNICIPAL CODE TO PROHIBIT NEW MINI-STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE WHILE ALLOWING LXISTING FACILITIES TO OPERATE AS LEGAL AND CONFORMING USES. City Council Minutes 17 December 4, 2007 It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 449 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None None None NOES: ABSTAIN: ABSENT: ADJOURNMENT There being no further business, it was moved by Council Members Osborne/Sniff to adjourn. Motion carried unanimously.