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2008 01 15 CC Minutes LA OUINTA CITY COUNCIL MINUTES JANUARY 15, 2008 A regular meeting of the La Ouinta City Council was called to order at the hour of 3:30 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION - None Council recessed to the Redevelopment Agency 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 memorandum from the City Attorney was distributed to the City Council regarding authorization to allow the City Attorney and City Manager to amend the Agreement relating to Consent Calendar Item No. 10. PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of December 18, 2007, as submitted. Motion carried unanimously. City Council Minutes 2 January 15, 2008 CONSENT CALENDAR Council Member Henderson requested Item No. 16 be moved to Business Item No.6. 1. APPROVAL OF DEMAND REGISTERS DATED JANUARY 2 AND JANUARY 15, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED NOVEMBER 30,2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED NOVEMBER 30, 2007, AND INVESTMENT SUMMARY FOR THE QUARTER ENDING DECEMBER 31, 2007. 4;, APPROVAL OF SECOND READING OF ORDINANCE NO. 450 AMENDING . '. TITLE 6, SECTIONS 6.04 AND 6.05 OF THE LA QUINTA CHARTER AND , . . 'MUNICIPAL CODE RELATtNG TO THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE CITY. 5. APPROVAL OF SECOND READING OF ORDINANCE NO. 451 AMENDING TITLE 9, SECTION 9.60.270 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE MODIFYING THE CITY'S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE LAW. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND ACCOUNTING MANAGER TO ATTEND THE CALIFORNIA SOCIETY OF . , MUNICIPAL FINANCE OFfiCERS ASSOCIATION (CSMFOI 2008 ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, MARCH 4-7,2008. .:,1'1:'. : ACCEPT'ANCE OF OFFSITE IMFi'lOVEMENTS ASSOCIATED WITH TRACT , ,.,' MAP 30357, MOUNTAIN VIEW GOUNTRY CLUB, TOLL BROTHERS. 8" APPROVAL OF A CONTRACT AND LICENSE AGREEMENT FOR CROSSING FEDERAL LANDS FOR JEFFERSON STREET IMPROVEMENTS, APPROVAL ': ': OF AN AGREEMENT REGARDING RESPECTIVE DUTIES UNDER BUREAU OF . RECLAMATION JEFFERSON STREET LICENSE, AND ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE BOTH AGREEMENTS. (RESOLUTION NO. 2008-0011 9. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 008-N TO AGENCY-STATE AGREEMENT NO. 08-5433R FOR FEDERAL FUNDING TOWARD THE JEFFERSON STREET MEDIAN LANDSCAPE IMPROVEMENTS, PROJECT NO. 2005-03. - ';:"1: n City Council Minutes 3 January 15, 2008 10. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH CORAL CANYON LLC., A DELAWARE LIMITED LIABILITY COMPANY, FOR JEFFERSON STREET REALIGNMENT/IMPROVEMENTS (STREET TO BE RENAMED BY CITY OF LA QUINTAl FROM THE REALIGNED NORTHERLY TERMINUS ON AVENUE 58 TO THE NORTHERLY BOUNDARY OF TENTATIVE MAP 33444. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ATTEND THE CALIFORNIA CITIES PUBLIC WORKS OFFICERS INSTITUTE AND MINI EXPO IN LA JOLLA, CALIFORNIA, MARCH 5-7, 2008. 12. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH TOLL BROTHERS, INC., FOR STREET IMPROVEMENTS ON AVENUE 50 AND AVENUE 52 ALONG TRACT MAP 30357. 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31910, CAPISTRANO, LA QUINTA 57 ESTATES, INC. (RESOLUTION NO. 2008-0021 14. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 30138, DIAMANTE, LA QUINTA DEVELOPERS, LLC. (R.ESOLUTION NO. 2008-0031 15. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE SOUTHERN CALIFORNIA CITY CLERKS ASSOCIATION GENERAL MEETING TO BE HELD IN PISMO BEACH, CALIFORNIA, JANUARY 24-25,2008. 16. SEE BUSINESS SESSION ITEM NO.6. , 17. . APPROVAL OF AN AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND MEDICAL AID FOR THE CITY OF LA QUINTA. 18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING COMMISSION AND PLANNING DIRECTOR TO ATTEND THE 2008 PLANNERS INSTITUTE IN SACRAMENTO, CALIFORNIA, MARCH 26-28, 2008. City Council Minutes 4 January 15, 2008 MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and amended with the exception of Item No. 16 and with Item Nos. 8, 13, and 14 being approved by RESOLUTION NOS. 2008-001 through 2008-003 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF CITY OF LA QUINTA PROMOTIONAL LOGO. Management Analyst Casillas presented the staff report. Council Member Henderson conveyed disappointment about losing the traditional script lettering and has received several calls from constituents conveying the same sentiment; stated the City has expended many funds branding the lettering; and conveyed her support for Logo 1 a with the script lettering. Council Member Sniff stated changing the size of the gem is a good move; stated Logo 1 a with the modified script print is a very good choice and would support this selection. Council Member Osborne conveyed concern about reslzlng the gem in printing the logo. Andrea Carter, of Kiner Communications, stated the artist designed the logo for use in advertising and confirmed the gem will be clear when resizing. MOTION - It was moved by Council Members Sniff/Henderson to approve Logo Concept 1 a, with modified script lettering as a promotional logo for the City. Motion carried unanimously. 2. CONSIDERATION OF A CONTRACT EXTENSION WITH KINER .,COMMUNICATlONS FOR PROFESSIONAL MARKETING SERVICES. Council Member Osborne recused himself from participating on this item due to a conflict of interest because Kiner Communications is a client of his firm. Management Analyst Casillas presented the staff report. In response to Council Member Henderson, Management Analyst Casillas stated staff is in communication with Kiner Communications on a daily basis, . and meets weekly or bi-weekly; stated Kiner Communications attends the' ';; ..' "..~ I City Council Minutes 5 January 15, 2008 Quarterly Marketing meetings; explained staff has been working separately with the hotels, and the committee for the Quarterly Marketing meeting includes members from the Chamber of Commerce, La Quinta Arts Foundation, La Quinta Resort, Landmark, Kiner Communications, and the City. Council Member Henderson expressed a desire to understand the marketing aspect and questioned if staff is cooperating with marketing groups from other organizations in the community; and challenged staff to establish a comprehensive plan for the City of La Quinta. City Manager Genovese stated staff will report back and present concepts for review, and explained staff is aware of community organization's schedule of events relating to the marketing program. Council Member Sniff suggested the marketing program be as comprehensive as possible; stated staff should be given the latitude in working the program to be effective; conveyed support for the staff recommendation; stated Kiner Communications has been an effective and professional organization and has a pre-existing understanding of the City. Council Member Kirk conveyed his need to see competitive bids because it has been five or six years since the last competitive bid process; stated due to the relationship with Kiner Communications, the contract should be continued for one year', provided an RFP is considered at the end of one year. MOTION - It was moved by Council Members Kirk/Sniff to authorize staff to negotiate an extension to the City of La Quinta contract with Kiner Communications for professional marketing services and an RFP to be considered in one year. Motion carried by a vote of 4-0-1, Osborne abstaining. 3. CONSIDERATION OF CIVIC CENTER ACKNOWLEDGMENT AREA APPLICATIONS. CAMPUS ARTISTS Community Services Director Hylton presented the staff report. MOTION - It was moved by Council Members Henderson/Kirk to approve adding the names of Eric Johnson and Elliott Newton to the Artist Acknowledgment Area. Motion carried unanimously. City Council Minutes 6 January 15, 2008 4. CONSIDERATION OF CITY COUNCIL REORGANIZATION. Council Member Henderson complimented Mayor Pro Tern Sniff for a job well done for the last four years; stated La Quinta is a small city and all Council- Members are important players; stated it is an honor to serve as Mayor Pro Tern and the position should be shared. Council Member Osborne conveyed appreciation for the comments made by Council Member Henderson, and echoed the same sentiments. MOTION - It was moved by Council Members Kirk/Henderson to select Council Member Osborne as Mayor Pro Tem. Motion carried by a vote of 4-0-1, Council Member Sniff abstained. 5. CONSIDERATION APPOINTMENTS. OF CITY COUNCIL STANDING COMMITTEE Council Member Osborne stated he would like to continue to serve on the CVAG Homelessness Committee. Council Member Kirk stated he contacted Frank Blum regarding the possibility of serving on the Imperial Irrigation District Advisory Committee, and suggested Mr. Blum be appointed as the City's representative. He also commented on Nancy Doria's position on the Palm Springs Regional Airport Commission. Council Member Henderson explained the airport commission is a four-year term expiring June 30, 2007; and new regulations exist that would require a reappointment of rJancy Doria to be considered by the Palm Springs City Council. Additionally, a person would be ineligible if currently serving on another Airport Commission. MOTION - It was moved by Council Members Henderson/Sniff to appoint Council Member Osborne as representative on the CV AG Homelessness Committee' and as the Alternate on CV AG Executive Committee; and appoint Frank Blum as the City's representative on the Imperial Irrigation District Power Consumer Advisory Committee. Motion carried unanimously. City Council Minutes 7 January 15, 2008 6. CONSIDERATION OF FIVE-YEAR AGREEMENT BETWEEN THE CITY OF LA QUINTA AND SUNLlNE TRANSIT AGENCY CONCERNING ADVERTISING, INSTALLATION, AND MAINTENANCE RELATED TO BUS SHELTERS. (This item was moved from Consent Calendar Item No. 16.) In response to Council Member Henderson, Assistant City Manager- Management Services explained SunUne has an agreement with Gateway Advertising at a cost of $50 per shelter, with the City receiving 50% of that. Council Member Henderson requested additional information on advertising revenues and self-promotion, and that no action be taken at this time. Mayor Adolph noted children's artwork has been displayed in the bus shelters in the past, and suggested the possibility of a shared use. No action was taken. STUDY SESSION 1. DISCUSSION REGARDING THE CITY MAINTENANCE YARD MASTER PLAN, PROJECT NO. 2006-05. Public Works Director Jonasson presented the staff report. Adam Manuel, of PB Americas, reviewed Phase 1 a - Fire Station No. 32 Relocation; Phase 1 b - Maintenance Offices, Shop Facilities, Street Sweeping, Materials Handling Facilities; Phasl~ 2 - Demolish Fire Station, Add Covered Parking, Fuel & Wash Stations, Departmental Storage; Final Master Plan. Fire Chief Cooley reviewed the inadequacies olf the current station; the need for a newly-constructed building as opposed to a remodel; and explained efficient responses to emergencies and access to Avenue 52 if relocated as proposed. Mayor Adolph conveyed his agreement of the building being antiquated and the need of a new station. Council Member Kirk questioned if ambulance staging should be considered for this site. Building and Safety Director Hartung explained American Medical Response (AMRI has previously expressed a desire to have a staging location in the City. City Council Minutes 8 January 15, 2008 Fire Chief Cooley stated the fire engines provide life saving support with ambulances providing transport; stated AMR optimizes business by keeping ambulances busy; and explained ambulance service can change from year to year due to management changes. In response to Council Member Kirk, Fire Chief Cooley stated he would be hesitant to establish a staging area for ambulance in the Yard, as services change frequently. Council Member Kirk stated there seems a need for ambulance services, and would like to see this issue explored and provide space in the yard. Chief Cooley indicated the need to take the right-of-way on Francis Hack Road would be reviewed upon locating a secondary access, in response to Council Member Kirk. Mr. Manuel stated the street would be vacated entirely. In response to Council Member Kirk, Public Works Director Jonasson stated current signal prices have been in the low $300,000, despite the downturn in the market. Fire Chief Cooley stated emergency medical service is important to the City; explained vehicles are constantly moving and that a staging area may not be utilized if provided; and stated the Fire Department maintains a good relationship with AMR, in response to Council Member Henderson. Council Member Henderson stated there are three components - City Yard, Fire Department, and AMR; encouraged option discussions with AMR; should .consider moving the fire station; and conveyed support for the concept of the entire facility as proposed. Council Member Osborne responded affirmatively to all three questions of discussion; stated an ambulance staging area is needed; and staff should move forward with the project. Council Member Sniff responded affirmatively to the three questions of discussion. Mayor Adolph responded affirmatively as well; and questioned the number of parking spaces needed at the Yard. Public Works Director Jonasson explained the City Yard also serves as a pick-up area for equipment by Animal Control and Code Enforcement staff; and stated there are approximately 40 to 50 vehicles stored in the City Yard at one time. City Council Minutes 9 January 15, 2008 The City Council concurred to: move the Fin~ Station; build a permanent facility for the maintenance yard; and move forward with plans as submitted. Public Works Director Jonasson explained the next steps are to prepare preliminary cost estimates for the CIP and DIF, initiate a general plan amendment, and discuss the transfer of property with the Fire Department. REPORTS AND INFORMATIONAL ITEMS Chamber of Commerce Workshop/lnformation Exchange Committee - Council Member Sniff stated he recommended the Chamber send a letter to the Mayor and City Manager requesting a discussion to extend their lease for three more years. cVAG Energy & Environmental Resources Committee - Council Member Sniff stated they are forming a master commission to address energy, etc.; and propose the reduction of energy use by 10%. Council Member Kirk stated an Energy Conservation Sub-Committee has been established, and will be presenting a resolution to the cities for adoption. CV AG Public Safety Committee - Council Member Kirk stated one of the drastic budget reductions suggested by the Governor involves the release of 20,000 prisoners; stated up to 5,000 could be released in the Inland Empire; and there is concern the over-taxed prison system will be stressed. He stated Sheriff Sniff has pledged to fill the Police Chief position as soon as: possible, and conveyed the Council would prefer someone for a longer tenure. CVAG Transportation Committee - Council Member Kirk stated there are some questions about what is eligible along Highway 111 for the remainder of the Measure A funds; stated T AC and CV AG gave differElnt directions, and are waiting for legal analysis, which should have no effect on the City of La Quinta. Council Member Sniff explained people move up to higher positions in the Sheriff Department, and it is rare for a person to have the same position for 5 or 10 years; stated a new Police Chief will have a significant familiarity with the area as the policy is to promote people within the area they serve. Animal Campus Commission - Council Member Henderson stated the Commission received a very extensive report from Animal Samaritans, and if we ever hope to achieve uno kill," it will be through association with the Animal Samaritans; stated there were 756 spay/neuter services last year; a fund raiser lunch will be on April 21 and they will be looking for the City to purchase a table; will be meeting with each city to review services provided to each community; and stated have not City Council Minutes 10 January 15, 2008 received comments from staff on the City's position of the draft ordinance for Title 7 A, revised County Animal Control ordinance for the Coachella Valley. Palm Springs Desert Resort Communities Convention & Visitor's Authority Mayor Adolph referenced an article in The Desert Sun regarding the CVA falling short of the goals, and asked what they are doing to turn things around. Council Member Henderson stated part of the problem was the anticipation of a very large attendance to the soccer event. Mayor Adolph stated he was appointed as representative to the Bob Hope Chrysler Classic (BHCC) Charities; he doesn't agree with the organization's policy of sustaining certain charities; none of the La Quinta based charities receive funds; and stated La Quinta Boys and Girls Club will be acknowledged individually by the BHCC Charities. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Manager indicated there is a Quarterly Marketing Report for the City Council's review. In response to Mayor Adolph, Community Services Director Hylton stated the Library reopened Monday, January 15th with over 500 in attendance, and 400 utilizing the new self-scan system. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF IMPROVEMENTS. UPDATE REGARDING AVENUE 58 STREET Mayor Adolph stated he received a call from Bill Morrow who was angry about the status of the street improvements on Avenue 58; the matter was discussed with Public Works Director Jonasson who provided Mr. Morrow a letter on the schedule for improvements; and stated Mr. Morrow has threatened litigation and a representative will be attending the February 5th meeting for public comment. * * * * * * * * * * City Council Minutes 11 January 15, 2008 Mayor. Adolph stated he understands from Marty Langer that the Playboy Jazz Festival is considering moving the festivall from the Hollywood Bowl to the City of La Quinta; and reported the estimated cost for the City to host the event is $350,000. Council Member Osborne stated he is unsure the City has a venue to accommodate the event. Council Member Henderson stated the City does not have a venue that compares to the Hollywood Bowl; stated that it takes time to prepare for such an event; and stated the appropriate proclldure is to provide information in a letter to staff for review. Council Member Kirk stated this may be a great opportunity but is a venue problem; may have to spend $350,000 just to enhance a venue, possibly at SilverRock Resort. Mayor Adolph stated there may be reciprocal ties with the City of Indian Wells with the hotels in the area; and potential advertisement opportunity for the City of La Quinta. The City Council recessed to the Redevelopment Agency meeting. The City Council reconvened and recessed to and untiil 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Dan Johnson, 108 E. Tahquitz Canyon Way, Attorney representing Motorcoach Inc., stated the December 18th minutes indicated tho City Council was to discuss the per-unit fee at the January 15th meeting. City Attorney Jenson stated staff will eventually have, a development agreement for the Council's consideration, and the fee will be considered at the same time; and explained the matter is in other development and entitlement process. Assistant City Manager-Development Services Evans stated the Council discussed the possibility of discussing this issue at a future meeting; however the City Manager has informed the Council an update repon was included in the agenda packet for tonight's meeting; explained Council has given direction regarding the City Council Minutes 12 January 15, 2008 mitigation fee, and staff is working on a development agreement that will be brought before the Council at a public hearing; at that time the fee can be reviewed and testimony received for consideration; staff does not anticipate any additional workshops regarding the fee, and will not be presenting this item as a Business Session item but as a public hearing; and stated staff anticipates the item being presented as early as three months. Council Member Kirk referred to Page 12 of the December 18, 2007 meeting minutes, which indicates the City Council concurred to review the matter at the January 15, 2008 meeting. Assistant City Manager-Development Services Evans stated staff can review the minutes for clarification. Council Member Sniff noted in substance Council Member Kirk is correct, and' direction was given without a vote for further discussion. City Attorney Jenson clarified if the item were to be brought back for consideration, it would be for further direction related to the development agreement process. Council Member Henderson stated part of the problem is that the more complicated the process has become, the more complicated the questions have become also. City Manager Genovese stated staff will review the verbatim prepared for this matter. Council Member Osborne requested staff review the minutes for clarification. Council Member Sniff stated a vote is needed instead of a consensus; and questioned if the development agreement will be uniform or vary from development to development. City Attorney Jenson explained it would be Council's prerogative. Council Member Henderson stated more than likely there will be individual development agreements, as they will be individual projects considered on their own merit. Council Member Sniff stated based on that information, the development agreements would not necessarily be the same and would vary. Council Member Osborne requested clarification of the study session item discussed at the December 18, 2007 meeting. Council Member Kirk stated the more information provided about a project, the more specific, and perhaps fair, the fee can be; however due to LAFCO policies, we will see annexations that are ready to go and pieces of dirt that are not ready to City Council Minutes 13 January 15, 2008 go; stated staff's suggestion or proposal is that any land coming into the City have a pre-annexation agreement, so it is very important to nail down a defacto fee. Council Member Henderson explained LAFCO does not have anything to do with whether a project is on a piece of land or not. Council Member Kirk stated LAFCO may require an applicant to extend an annexation to include all of their contiguous land instea.d of just annexing the portion they want to develop. Council Member Henderson stated LAFCO staff may advise an applicant. Council Member Kirk stated the initial annexation may include more than just the Bayshore agreement. Council Member Henderson stated anyone who is a part of -the Bayshore applicant would be required to sign thE' development agreement and agree to .the fee stated in the agreement; and stated the only place the fee can be administered is within the development agreement. Council Member Kirk stated this is where perhaps our interpretation may be slightly different, as it becomes a defacto fee for those properties, in the case of the Bayshore application; and further stated each property will have a pre-annexation agreement. Assistant City Manager-Development Services Evans explained the work program; stated if the single-family residential fee is brought back for discussion, the multi- family residential fee will need to be discussed as well in order to have a full discussion; it will take time for staff to conduct a survey and refine the data, and then staff came bring it before the Council when the information is prepared; explained staff needs to time to look at the multi-family fee; and stated it would not be very productive to discuss this matter in pieces. Council Member Sniff questioned if someone wishing to be annexed but not planning to develop the property, would be required to have a development agreement. Council Member Henderson conveyed her understanding that they would; in order to develop the property in the future, they must hav.e a development agreement in concurrence with the annexation. City Attorney Jenson stated an applicant could lock in the current zoning in a pre- annexation agreement. Council Member Kirk conveyed his disagreement with respect to the description of the work program; stated the Council's instructions were to bring this back as a City Council Minutes 14 January 15, 2008 Business Session item; stated the multi-family fee will be more challenging than the single-family fee; stated in looking at Vista Santa Rosa, he sees extremely little multi-family; stated the assumptions used can influence what occurs for the multi- family fee and is not a pressing issue; stated there are many variations on the basic assumption used for the basic fee; and stated he would like to see this back for review as indicated from the December 18 meeting. City Attorney Jenson explained the Council can take action to see what they want in a development agreement. Council Member Kirk stated there doesn't appear to be clear direction to staff or land owners. City Manager Genovese asked if the Council wants to regenerate the information or bring it back as a Business Session item to confirm the direction at the December 18th meeting. Council Member Kirk stated staff can bring back a Business Session item to give the Council an opportunity to change their opinions, modify or give additional direction; and will be ultimately approved through the development agreement and by the pre-annexation agreements themselves. City Attorney Jenson clarified the ultimate decision would be made when the development agreement is approved and the fee would be locked in at that time. Council Member Osborne asked if staff will be bringing this back at the next meeting or the following meeting. Council Member Henderson stated the Council is not looking for additional information from staff, but needs to be clear on the information they give to staff. Joe Hammer, P.O. Box 278, stated he cannot make a decision about supporting annexation until the numbers are known; his property is the island that may make a project go forward or not; the fee could be $9,000 or $10,000 and it's all too expensive; in previous years a $800 or $900 per year fee was discussed; economics are not there right now to support the $29,000 per door fee; why pay that amount to annex when they can remain in the County for free; if the Council desires his property to be part of the City, it will have to provide the numbers to make a decision. Brett Kelly, 4041 Dogo Road, La Canada, expressed his desire to be a part of the City; ready to do a development agreement and does not want to be a burden to the General Fund or the residents; stated some don't have the luxury of inheriting City Council Minutes 15 January 15, 2008 property or long-time ownership; stated time is imperative in resolving the issue of establishing a residential fee. PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 8, CHAPTER 13, WATER EFFICIENT LANDSCAPING ORDINANCE. Planning Director Johnson presented the staff report. In response to Council Member Henderson, Planning Director Johnson stated the interest in water features is to encourage non-potable water for all water features and go through a review process; and the conditions imposed on the landscaping option are conducted through the review process. In response to Council Member Kirk, Planning Director Johnson explained the turf and water feature portion of the CVWD ordinance is not included as there is not reference to golf courses; staff is not involved with the review of the golf courses and will leave it up to the developer. He further explained both CVWD and the City review landscape plans for compliance of code provisions and assurance for compliance for lentitlement. Council Member Kirk requested staff consider eliminating any duplicate review of the landscape plans. Planning Director Johnson confirmed the ordiinance is strictly dealing with outdoor water conservation, in response to Mayor Adolph. The Mayor declared the PUBLIC HEARING OPEN at 7:50 p.m. Kay Wolff, 77-227 Calle Ensenada, spoke, in general support of the ordinance; does not understand why the CVWD ordinance includes golf courses but the City's does not; suggested standards could be applied to existing properties by incentives; and commented on the statements made by the public regarding the pace of the project by staff regarding the annexation discussion. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:52 p.m. City Council Minutes 16 January 15, 2008 MOTION - It was moved by Council Members Kirk/Sniff to take up Ordinance No. 452 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE TITLE 8, CHAPTER 8.13, UPDATING THE CITY'S WATER EFFICIENT LANDSCAPING ORDINANCE. It was moved by Council Members Kirk/Osborne to introduce Ordinance No. 452 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. E~ NTECINO, City Clerk City of La Q nta, California