1997 02 04 CC Minutes._ LA QUINTA CITY COUNCIL
MINUTES
February 4, 1 997
Regular meeting of the La Quinta City Council of February 4, 1 997 was called to
order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance.
PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
ABSENT: None
PUBLIC COMMENT
Audrey Ostrowsky, P.O. Box 351, referred to a public nuisance notice she received
and stated that she has always kept her property clean. She advised that she doesn't
have weeds on her property, but the large shrubs that do exist, &come from the
adjoining properties which have not been cleaned. She's also heard that the Arts
Foundation is looking to buy property next to the church instead of downtown and
she encouraged the City to help relocate the art festivals as well because she feels
that they have discouraged development in the downtown area due to the parking
problems.
CONFIRMATION OF AGENDA
Council Member Adolph asked that Consent Calendar Item No. 4 be moved to
Business Session Item No.9.
MOTION It was moved by Council Members Adolph/Henderson to move Consent
Calendar Item No.4 Contract Change Order No.8 for Project 96-07) to Business
Session Item No.9. Motion carried unanimously.
APPROVAL OF MINUTES
MOTION It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of January 21 and 28, 1997 as submitted. Motion carried
unanimously.
ANNOUNCEMENTS None
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PRESENTATIONS
Mayor Holt and the Council presented Art Achievement Awards to the following
students of Adams Elementary School for their artwork displayed at the City Hall
Student Art Gallery:
Amber Abeyta Paulina Cross Miguel Murguia
Nicole Alvarez Jaimee Garner Amber Naumann
Ronald Archuleta Alan Guillen Eric Nelson
Sarah Ball Brittney Huffman Andrea Roach
Jamie Burns Jesse Keplinger Noemi Sanchez
Crystal Carlos Gabriella Lujan Brandon Schrumpf
Nydia Castro Kathy Michel Chelsea Steinen
Travis Crittenden Matthew Miller Patrick &tringer
Delilah Vidno
WRITTEN CORRESPONDENCE
1. LETTER FROM GREATER COACHELLA VALLEY SOAP BOX DERBY
REQUESTING THE CITY*S PARTICIPATION IN THE THIRD ANNUAL SOAP BOX
DERBY.
Lucia Moran, P.O. IBox 1 305, Race Director for the Greater Coachella Valley
Soap Box Derby, commented on their efforts to seek sponsorships and hoped
that the City will consider participating again this year.
Council concurred on agendizing this request for the next Council meeting.
BUSINESS SESSION
1. CONTINUED CONSIDERATION OF THE COACHELLA VALLEY SOLID WASTE
MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT.
Mr. Baker, Principal Planner, advised that this item, which was continued by
Council on January 21, 1997, is for the consideration of a Joint Powers
Agreement for the Coachella Valley Solid Waste Management Authority. Upon
completion of its work, the Transfer StationlMRF Task Force submitted the
Final Report to the cities for consideration which includes the agreement,
lifecycle cost data, and estimated impact of the project on refuse rates. The
staff report also contains an update of alternative projects and financial
information. He advised that no funds would be committed to the project until
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a vendor is selected. Staff recommended that Council approve the agreement
and appoint a representative and alternate to the Board of Directors. He
advised that representatives from Rancho Mirage, Indian Wells, CVAG, and
EcoNomics were pre*ent to answer questions.
In response to Council Member Perkins, Mr. Baker advised that a rate increase
is expected and will be different for each city with La Quinta's being
approximately 1 0%.
In response to Council Member Adolph, Mr. Baker advised that the rate will be
based on the franchise tonnage committed to the transfer station and the
break-even point for tonnage received at the facility is 500 tons per day. The
financial advisor for the project will make sure the tonnage requirements can
be met prior to submitting a bond package to the financial rnarket. The
financial market will determine what risk it will take, but 500 tons per day
seems to be the benchmark for making a project move forward. The financial
advisor will help the JPA determine the risks involved and make a judgement.
Council Member Adolph felt that this information should be available prior to
the City making their decision in whether or not to participate.
Mayor Holt advised that she's not ready to sign the agreement because it
doesn't have a 30-day withdrawal clause which places the City in a very
vulnerable position. She also felt that the financial advisor's words not
necessarily" in regard to obligation of debt, is not direct enough.
Council Member Sniff advised that the first step is to form the JPA and then
further decisions can be made. If Council approves the JPA. and La Quinta
becomes the first member, the JPA will become a reality fQr others to join and
to deal with the other issues. The JPA will not go forward if the financial
resources tonnage) are insufficient to secure the bonds and provide a
reasonable rate. It's a work in progress that could take up to the year 2000
to get a transfer station operational. He felt that some of the arguments are
good, but not valid.
In response to Council Member Perkins, Mr. Baker advised that the City could
withdraw from the JPA at any time, but would be responsible for paying its
proportionate share of committed costs up to one year when the withdrawal
becomes official.
Council Member Sniff advised that there are funds available to cover the
minimal, initial expenses should the City wish to withdraw. He felt that the
withdrawal clause should be one of the first items of business for the JPA to
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address after it's formed. He advised that no City funds will be spent until the
financial commitments are made.
In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that under
the current language in the agreement, a withdrawal requires a one-year notice
and the withdrawing member remains obligated for any debts or liabilities
incurred during that one-year period with no limitation in regards to bond
issuances. She stated that there's no clarification in the. agreement to
substantiate the financial advisor's statement that the City wouldn't be liable
unless it signs additional documents and advised that the City would be
obligated for anything the JPA does during the one-year withdrawal period
under the current agreement.
In response to Council Member Perkins, Mr. Baker advised that a two-thirds
vote would be necessary on all financial matters.
Council Member Perkins was concerned about going into an agreement in
which the City doesn't have sole control and questioned why La Quinta should
be first and set the precedent. He knows the City must do something to
handle its trash, but felt it should have more control over the finances and he
was hesitant in being the first City to move forward with this. He didn't feel
that the one-year obligation after withdrawing was a good business
arrangement and asked if voting rights would be retained during the one-year
withdrawal period to which Mr. Baker responded yes. He advised that he
supported the concept, but not the financial arrangement.
Council Member Henderson felt that it's unfortunate that this legal issue has
come up after the Task Force has pursued this effort for over three years. She
asked if a future rate increase is inevitable no matter what and Mr. Baker
responded yes, advising that when the two landfills close, hauling costs will
increase and raise the rates. She asked if anyone knew how much the rate
increase would be.
Tom Freeman, 5*22O Avenida Obregon, Vice President of Waste Management
of the Desert, advised that some type of rate increase is inevitable, pointing
out that a CPI clause exists in the City's waste disposal franchise agreement
for such increases. However, he felt that the rate increase proposed by some
should a transfer station not be built, was somewhat distorted and that their
reports are erroneous and slanted for the purpose of scaring the various cities.
He advised that Waste Management would be submitting an alternative. to
Cathedral City on February 1 2th that will not result in a 1 100-200% rate
increase as suggested by reports circulated throughout the valley. At some
point, the City's trash rate will increase 72 of 1 %, with no major increase in the
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collection for tonnage fees. If tonnages fall below 500 tons per day in the
transfer station, the rates will increase. He advised that the tonnage
projections for the transfer station are 750-1 O00 tons per day, but if some of
the cities don't participate as they have indicated, those projections are
seriously flawed. The rate could be anywhere from $40 to $55 per ton and he
pointed out that Waste Management will be the one receiving the customers
complaints about increased rates without any increase in service; and all for a
system that may be ahead of its time.
Mayor Holt felt that as one of the smaller producers of trash, La Quinta would
be vulnerable to paying more than some of the other cities.
Mr. Freeman stated that the City currently hauls 72 tons per day to the landfill.
He advised that it will depend on which cities participate, as to whether or not
La Quinta is a big or small player in the JPA, noting that Palm Springs produces
262 tons per day and most of the other cities average 1 00 tons per day. He
further advised that some of the smaller cities that are strong advocates of this
proposal, produce as little as 20-30 tons per day which would make their
exposure less than La Quinta's.
Council Member Henderson didn't have a problem with being the first in joining
the JPA and in reference to the last-minute concern about the withdrawal
period, she suggested joining the JPA with a condition that the withdrawal
period be addressed.
Ms. Honeywell advised that the Council could make their approval conditional,
but there's no assurance that it will be accepted or that the agreement will be
changed.
Council Member Sniff commented on the potential problem if every City
conditions their approval and felt that sometimes there's a need to have
foresight and courage to move forward. He advised that this process will take
3-4 years which is approximately the same time that the City1s waste disposal
contract will expire. He further advised that Palm Springs has indicated that
even if they build their own facility, they expect to send 72 tons a day to the
JPA facility. He didn't feel that other cities would be considering the JPA if it
wasn't a good deal and felt that the City should join and direct their
representative to deal with the withdrawal issue at the onset of the JPA. He
believed that the JPA would have more than four members due to the lack of
a realistic alternative and felt that this is a long;term problem that calls for a
bold solution. There will be no major financial commitments for up to a year
and the tipping fee reserve is available for any initial costs.
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Mayor Holt didn't have a problem with being first, and didn't feel that being
hesitant is a lack of courage. This is a business decision that she has some
major concerns about, especially the withdrawal clause.
Council Member Sniff felt that the other cities would see the same concern and
deal with it right up front. He was concerned that the conditions of approval
from each city would not parallel each other and result in no JPA.
Council Member Perkins was disturbed about not being in a position to
recommend a change to the withdrawal clause and was opposed to entering
into an agreement in which the City can't request changes. He didn't feel that
any business would enter into a contract where they remain liable for actions
for a whole year after their withdrawal.
Council Member Henderson stood firm with her suggestion that the JPA be
approved with a condition regarding the withdrawal clause. She felt that if a
lot of conditions were added, that it would be a clear indication that the
agreement wasn't drawn up properly and that it shouldn't go forward.
Diana Beck, 73-710 Fred Waring Drive, Suite 200, Palm Desert, Planning
Director for CVAG, commented on the number of reviews and revisions of the
agreement and expressed appreciation to Council for identifying the problem
with the withdrawal clause. However, there is some concern that a
conditioned-approval may not be considered an approval and, therefore, not
considered one of the four minimum members needed to form a JPA. The only
solution she sees is to get the group constituted through approvals with issues
on the table that the group would need to address immediately such as the
withdrawal clause. In reference to the Task Force*s estimated rate increase of
1 50-200% without a transfer station, she advised that it was based on direct
hauling cost to landfills outside of the valley. The documentation used to
project that increase was reviewed during the Task Force meetings over the
last three years which the haulers attended and they never disputed the
figures. She stated that a rate increase is inevitable, but they're trying to form
a mechanism whereby the cities will have direct control over those increases.
She advised that the Task Force considered the proposal that Waste
Management will be submitting to Cathedral City, but there were several
reasons why it wasn't recommended by the JPA as an alternative. It failed to
provide a solution for the entire valley because it only allows the system to be
used by cities which contract with Waste Management as their hauler, thus
eliminating three cities from the program, and it.required cities to extend the
length of existing franchise agreements which would eliminate the ability to
renegotiate franchises on a regular basis. The Task Force felt that the JPA is
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the best alternative, but it will take some work for it to reflect the needs of the
JPA members.
Council Member Sniff suggested the possibility of conditioning the approval
with a 30-day withdrawal period, making it known to the other cities, and
asking them to concur, noting that if all of the cities propose the same
condition, there will be no conflict.
Ms. Beck felt that a 30-day withdrawal period is a rather short period of time
and may not be a realistic time period given the number of perspectives on this
issue.
In response to Council Member Perkins, Ms. Beck advised that it will take six
months to one year to come to terms with the bond sale and each city will
have to commit their waste before the bond sale can go forward. She agreed
that a member should be able to get out of any bond obligation prior to the sale
of bonds if they withdraw during the interim period and pointed out that once
a city has given their notice of withdrawal, the remaining members of the JPA
would know to size the facility accordingly. There wouldn't be a commitment
in the bond sale or a commitment of waste.
In response to Council Member Perkins, Mr. Baker advised that it will be
necessary to*bnng the bond issue back to Council for approval because it calls
for a commitment of the City's wastestream, I. e. revenue, to the JPA in order
to get financing. The financial market will want to know what the waste
commitments are and if the City fails to approve the bonds and commit its
waste, the JPA will not be able to include it in the structure of the bonds.
Troy Butzlaff, 44-950 Eldorado Drive, Indian. Wells, Assistant to the City
Manager for the City of Indian Wells, advised that their Council would consider
this issue on Thursday. In regard to the withdrawal clause, their staff feels
that it was an oversight and they are willing to present a reasonable alternate
timeframe to their Council for consideration.
Cathy Mitton, 69-825 Highway 111, Rancho Mirage, Assistant to the City
Manager for the City of Rancho Mirage, advised that their Council will also be
considering this iss*e on Thursday. Their staff agrees that the withdrawal
clause should be adjusted and will make that recommendation to their Council.
They are more comfortable with knowing the total dollar amount that might be
committed prior to the issuance of bonds because they've reviewed the
consulting contracts for the work that needs to take place in great detail. She
advised that Rancho Mirage's share of the total cost $400,000) will be
$60,000 to $80,000 and that their proportionate share tonnage) is similar to
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La Quinta's. She was comfortable with knowing that there is a maximum
amount that the JPA can spend and felt that an adjustment to the withdrawal
clause is what is needed the most.
Council Member Henderson asked the City Attorney what she felt would be a
reasonable alternate withdrawal period.
Ms. Honeywell felt that the major concern is being able to withdraw from any
obligation to the bond issue up to 30 days of issuance of the bonds. An
alternative would be to add language to the agreement in respect to the debt
obligation that would allow a member to withdraw right up to the time that the
bond documents are approved, thus giving some additional amount of security
in participating in the overall group Although staff has stated that this
document alone would not obligate Council to the bonds, it's not clearly stated
in the agreement. A 30-day withdrawal period would be the easier solution as
it gives sufficient time to prevent a member from being obligated to the bonds;
it could even be more defined through an amendment should a more-detailed
approach be the preferred direction. A greater amount of time would be
acceptable as long as an exception for the bond decision exists in the
agreement, but it would be the more complicated alternative and more
susceptible to an amendment at a later date.
Council Member Adolph advised that he has a major problem with the City
owning and managing a transfer station and spending City money running a
business that he felt would be best run by private enterprise.
Council Member Sniff advised that the transfer station will be operated through
a seven-year contract by an outside vendor, not the City. The JPA will
negotiate a contract with the vendor and the landfill which are both private
enterprises, making government participation very minute.
Council Member Adolph pointed out that as owner, the JPA would be able to
dictate how the operation is run and didn't feet that government should be in
competition with private enterprise.
Ms. Beck advised that ownership of the facility would allow the JPA to replace
the contractor should his performance not be satisfactory and t6 rebid the
process should the rate increases be too excessive. It's a public/private
partnership that will allow the cities to retain control rather than let an operator
set up a monopoly and charge whatever he wants.
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In response to Council Member Perkins, Ms. Beck advised that prior to the Final
Report, CVAG was notified that Indio would no longer participate in the
process and no additional correspondence has been received.
IVIr. Baker advised that the Final Report and JPA proposal were presented to
all of the cities, including lndio.
Council Member Sniff pointed out that there's no degree of certainty as to who
will or will not participate in the JPA, but he felt that even those who have said
that they won't, will decide to because it's the only realistic option and it's not
cost-efficient to stand alone. He suggested adding a condition to the approval
for the withdrawal period to be reduced to 30 days and hoped that the other
participating cities would approve it with the same condition so there wilt be
uniformity in the approval.
MOTION It was moved by Council Members Sniff/Henderson to approve and
authorize the Mayor to sign the Coachella Valley Solid Waste Management
Authority Joint Powers Agreement JPA)*to construct and operate a*transfer
station and arrange for a landfill site with one additional condition that the one-
year withdrawal period be reduced to 30 days.
Council Member Perkins advised that he will vote no because he didn't want
the City to be the first participant in the JPA.
Motion failed with Council Members Adolph, Perkins, and Mayor Holt voting
NO.
MOTION It was moved by Council Members Sniff/Perkins to continue
consideration of the Coachella Valley Solid Waste Management Authority Joint
Powers Agreement to the meeting of February 28, 1 997. Motion carried with
Council Member Adolph voting NO. MINUTE ORDER NO.97-18.
2. CONSIDERATION OF APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO
SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE DURING THE LA
QUINTA ARTS FESTIVAL.
There were no changes to the staff report as submitted to the City Council by
the Community Development Department and is on file in the City Clerk's
Department.
Council Members Adolph and Sniff volunteered.
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MOTION It was moved by Council Members Sniff/Adolph to appoint Council
Members Adolph and Sniff to the Civic Center Art Purchase Committee during
the La Quinta Arts Festival and authorize the 10% leeway over the $3,000
amount and the appropriation of the funds. Motion carried unanimously.
MINUTE ORDER NO.97-19.
3. CONSIDERATION OF REDEVELOPMENT/ECONOMIC DEVELOPMENT
CONSULTANT SERVICES.
There were no changes to the staff report as submitted to the City Council by
the City Manager's Department and is on file in the City Clerk's Department.
MOTION It was moved by Council Members Sniff/Henderson to authorize
staff to negotiate an extension to the City's contract with Rosenow, Spevacek
Group RSG) for redevelopment and economic development services. Motion
carried unanimously. MINUTE ORDER NO.97-20.
4. CONSIDERATION OF ADOPTION OF RESOLUTION ENDORSING A
CALIFORNIA FIRST" STATE LEGISLATIVE LEADERSHIP SUMMIT.
There were no changes to the staff report as submitted to the City Council by
the City Manager's Department and is on file in the City Clerk's Department.
RESOLUTION NO.97-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ENDORSING A CALIFORNIA FIRST" STATE LEGISLATIVE
LEADERSHIP SUMMIT.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-04
as submitted. Motion carried unanimously.
5. CONSIDERATION OF FINANCIAL CONTRIBUTION TO TRUST FUNDS FOR
FAMILIES OF DEPUTIES RECENTLY KILLED IN THE LINE OF DUTY.
There were no changes to the staff report as submitted to the City Council by
the City Manager's Department and is on file in the City Clerk's Department.
In response to Council Member Henderson, Mr. Weiss, Assistant City Manager,
advised that the current balance of the Special Projects Contingency Fund is
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$8,440, but if Mr. Wolff's bed and breakfast application is deducted from this
account, the balance will be reduced to $6,745.
Council Member Sniff wished to see a modest amount contributed to trust
funds for the deputies' families and staff directed to develop options during the
budget process for the establishment of a trust fund for La Quinta officers and
firemen permanently disabled or killed in the line of duty. He felt that a
contribution for the deputies' families would have value and merit whatever the
amount is.
Mayor Holt wished to see a nominal contribution mad* of $1,000 to each of
the family's trust funds and to establish a trust fund in La Quinta in the
deputies' names with a beginning contribution of $1,000 and perhaps
determine an annual contribution amount during the budget process.
Council Member Henderson was comfortable with maintaining the position she
took during the last Council meeting, advising that she supported moving
forward with the establishment of a trust fund in La Quinta in the memory of
the two deputies with a contribution of $2,000 to be set aside for officers and
firemen killed or permanently disabled while on duty in La Quinta.
Council Member Adolph felt that the families are probably financially stable at
the present time, but suggested setting up a college trust fund for the children.
Council Member Henderson questioned where the line should be drawn, noting
that many officers and firemen risk their lives everyday, and felt that this may
be a line that the City shouldn't forge.
Council Member Perkins preferred making a contribution to a trust fund in La
Quinta in the memory of the deputies for officers and firemen permanently
injured or killed while on duty in La Quinta. He believed that that would mean
as much to the two families as a $1,000 contribution, given their current
financial status. He understood that a college trust fund has already been set
up for the children. He, too, questioned where the line should be drawn and
felt that it would be best drawn at La Quinta's city limits.
Council Member Sniff still felt that a contribution to the trust funds for the
deputies' families is important and agreed with moving forward with the
establishment of a trust fund in their names for officers and firemen
permanently disabled or killed while on duty in La Quinta.
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MOTION It was moved by Council Members Sniff/Adolph to contribute
$1,000 to each trust fund Deputy Sheriff James Lehmann and Deputy Sheriff
Michael Haugen) and to establish a special trust fund in these officers' names
for any law enforcement officer or firefighter that is permanently injured or
killed in the line of duty in the City of La Quinta in the amount of $2,000 with
said funds to come from the Special Projects Contingency Fund. Motion
carried with Council Members Henderson/Perkins voting NO. MINUTE ORDER
NO.97-21.
6. CONSIDERATION OF MID-YEAR BUDGET REPORT FOR FISCAL YEAR 1996/97.
Mr. Falconer, Finance Director, advised that, in comparing this year's revenues
and expenditures with the estimates, it is anticipated that the revenues will
exceed expenditures by approximately $1 million due to increased building
activity and conservative spending. It's staff's recommendation that any
See correction excess be used to increase the General Fund. A decrease of $800,000 in tax
in 2/18/97 increment revenues is projected for RDA Project No. 1 due to decreased
Hinutes) property assessments in the Cove, but the decrease is expected to be offset
by less monies being issued through pass-through agreements. Staff
recommended that the report be received and filed and that the new
appropriations totaling $387,936, as outlined in the staff report be approved,
with $272,936 coming from the General Fund and $1 15,000 from the
Redevelopment Agency.
In response to Council Member Henderson, Mr. Falconer advised that the
$169,579 referenced in the staff report is money received from the County due
to the City's status as a no/low property tax City.
Mr. Genovese, City Manager, advised that it's a catch-up formula for cities that
have incorporated and negotiated with the County to bring the City's share up
to the 7% rule. He advised that all no/low cities receive such subventions from
the State via the County.
Council Member Henderson asked if Council wished to consider the addition
of a part-time code enforcement Qfficer at this time since a resolve to the RV
ordinance issue is expected soon.
Mr. Genovese advised that it could be discussed now or when the RV
ordinance amendment is considered.
Council Member Sniff understood that a solution to the RV issue has been
reached by the committee, with both points of view being dealt with most
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effectively. It seemed to him that proper maintenance of RV*s is a concern of
everyone involved with this issue. He felt that the two department directors
working with this committee have done a superb job as well as the committee
members themselves.
Council Member Adolph complimented staff on the budget report and
appreciated the conservative approach to expenditures.
MOTION It was moved by Council Members Perkins/Sniff to approve the new
appropriations as outlined in Attachment No. 1 of the staff report totaling
$387,936 of which $272,936 is from the General Fund and $1 15,000 from
the Redevelopment Agency, and to receive and file the Mid-Year Budget
Report. Motion carried unanimously. MINUTE ORDER NO.97.22.
7. CONSIDERATION OF REQUEST OF THE HUMAN SERVICES COMMISSION AND
THE PARKS & RECREATION COMMISSION TO CONDUCT A COMMUNITY
YOUTH WORKSHOP AT THE SENIOR CENTER, APRIL 30, 1997.
Mr. Hartung, Building & Safety Director, advised that the commissions are
looking to receive feedback from the community's youth and service providers
for the youth at a workshop on April 30, 1997.
MOTION It was moved by Council Members Sniff/Henderson to approve the
request of the Human Services Commission and the Parks & Recreation
Commission to conduct a Community Youth Workshop at the Senior Center on
April 30, 1997. Motion carried unanimously. MINUTE ORDER NO.97-23.
8. SECOND READING OF ORDINANCES
ORDINANCE NO.295
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 13 SUBDIVISION REGULATIONS) OF THE LA
QUINTA MUNICIPAL CODE.
It was moved by Council Members Sniff/Adolph to adopt Ordinance No.295
on second reading. Motion carried by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None
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ORDINANCE NO.296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, RE-ENACTING AND RE-ADOPTING THE PROVISIONS OF THE
LA QUINTA MUNICIPAL CODE AND INCORPORATING THE CITY CHARTER
THEREIN.
It was moved by Council Members Sniff/Adolph to adopt Ordinance No.296
on second reading. Motion carried by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None
9. APPROVAL CONTRACT CHANGE ORDER NO. 8 TO RAISE EXISTING
MANHOLES AND WATER VALVES FOR PROJECT 96-07, HIGHWAY 111
WIDENING AND WASHINGTON STREET WIDENING.
Council Member Adolph questioned how the manholes could have been missed
by both the design engineer and contractor and asked who is responsible for
the additional cost and if the design consultant's insurance should cover it.
Mr. Vogt, Public Works Director, advised that this is a complicated project and
that the error was missed not only by the engineer and the contractor, but also
by Caltrans and the City. Since it was an omission" and not an error," he
felt that the City would not prevail in an attempt to charge the cost to the
design engineer or his insurance, pointing out that if the manholes had been
included in the original plans, it would have been a line item in the bid that the
City would have paid for.
Council Member Adolph suggested that alt future design criteria for streets
include a statement in regard to the raising of manholes.
MOTION It was moved by Council Members Sniff/Adolph to approve Contract
Change Order No.8 in the amount of $16,050 for raising manholes and water
valves within the street improvements at the Highway 111 and Washington
Street intersection. Motion carried unanimously. MINUTE ORDER NO.97-24.
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CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 4, 1997.
2. TRANSMITTAL OF SINGLE AUDIT REPORT ON FEDERAL ASSISTANCE
PROGRAM FOR YEAR ENDED JUNE 30, 1996.
3. APPROVAL AND AUTHORIZATION FOR THE MAYOR TO SIGN AN ADDENDUM
TO THE JOINT-USE FACILITY AND SERVICES AGREEMENT FOR THE BOYS &
GIRLS CLUB OF THE COACHELLA VALLEY LA QUINTA UNIT.
4. SEE BUSINESS SESSION ITEM NO.9.
5. ACCEPTANCE OF IMPROVEMENTS FOR PROJECT NO.96-08, HIGHWAY 111
AND WASHINGTON STREET INTERIM IMPROVEMENTS.
MOTION It was moved by Council Members Henderson/Sniff to approve the
Consent Calendar as recommended and as amended. Motion carried
unanimously. MINUTE ORDER NO.97-25.
STUDY SESSION None
REPORTS AND INFORMATIONAL ITEMS
C. V. Regional Airport Authority Council Member Henderson reported that a joint
meeting would soon be scheduled between the C.V. Regional Airport Authority and
the Palm Springs Regional Airport Commission.
Riverside County Library Advisory Board Council Member Henderson advised that
the County will be distributing an RFP for library services, but it will not be for any
increase in level of service.
All other reports were noted and filed.
DEPARTMENT REPORTS None
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MAYOR AND COUNCIL MEMBERS' ITEMS
DISCUSSION OF BICYCLE ROUTES.
Council Member Perkins commented on the increased bike activity in the City
and wished to have staff take a look at where bike trails can be incorporated.
He asked if sidewalks could be designated as part of a bike trail to which Ms.
Honeywell, City Attorney, advised that it would probably be allowed, but
would need to be researched. He also pointed out that a lamppost exists in the
middle of the sidewalk on Highway 111, west of Plaza La Quinta, that hinders
bike riders from using the sidewalk and asked staff to take a look at correcting
that problem.
Council concurred.
2. DISCUSSION REGARDING LANDSCAPING AT WAL-MART.
Council IVlember Perkins commented on the poor landscaping at Wal-Mart and
felt that if the City doesn't have the legal capability of doing something about
it, that the City Attorney should research a way for the City to correct
problems on private property that is open to the public and viewable from
Highway 111. He noted that the property to the west has been improved, but
was upset with the lack of consideration that Wal-Mart has shown for the City
by not properly maintaining their parking lot area.
Mayor Holt pointed out that the parking lot is also full of trash.
Council Member Perkins felt that since the City is able to apply sections of the
vehicle code to handicapped parking, speed, etc., we should be able, as a
Charter City, to apply some section of the code to the Wal-Mart situation.
Mr. Genovese, City Manager, advised that staff has been working on this
problem and will provide an update and alternatives for action at the next
Council meeting.
Ms. di lono, Planning Manager, advised that she has met with Wal-Mart
representatives and the asset manager for the adjacent property, advising them
of what needs to be done to get the parking lot up to its originally-approved
standard. She advised that Wal-Mart's new lar*dscape firm is proposing to
replace the dead trees and ground cover, but one of the problems is that the
irrigation system does not provide for deep watering of the trees. They've
submitted landscape plans and are ready to begin work as soon as the
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corporate office is notified that the plans are approved which City staff will do
tomorrow.
Council Member Adolph pointed out that the palm trees at McDonalds have still
not been replaced after at least two notices to the owner to which Ms. di lono
advised that the asset manager is also working on that problem.
In response to Council Member Henderson, Ms. di lono advised that the intent
is to bring the parking lot up to original standards and the asset manager hopes
that Wal-Mart will agree to join the overall maintenance program for the
shopping center.
Council Member Sniff felt that the dead trees should be replaced with a more
durable-type tree to avoid any re-occurrence.
Council recessed to Redevelopment Agency meeting.
Council reconvened and recessed to Closed Session to and until the hour of 7:00
p.m.
CLOSED SESSION
Mayor Holt did not participate in closed session due to a conflict of interest.
1. Conference with legal counsel pursuant t6 Government Code Section
54956.9(b)(3)(C), regarding potential litigation.
7.00 PM.
PUBLIC COMMENT None
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PUBLIC HEARINGS
1. ENVIRONMENTAL ASSESSMENT 96-328, SPECIFIC PLAN 96-028,
CONDITIONAL USE PERMIT 96-029, TENTATIVE PARCEL MAP 28422, SITE
DEVELOPMENT PERMIT 96-590 FOR A MASTER-PLANNED COMMERCIAL
DEVELOPMENT CONSISTING OF: 1) A FOOD MART/FUEL STATION; 2)
AUTO-RELATED SERVICE/REPAIR; 3) SELF-STORAGE WAREHOUSING; AND,
4) A COMPRESSED NAThRAL CNG) FUELING FACILITY FOR USE BY DESERT
SANDS UNIFIED SCHOOL DISTRICT TO BE LOCATED At THE SOUTHEAST
CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD. APPLICANT: LAPIS
ENERGY CORPORATION.
The Mayor declared the PUBLIC HEARING OPEN.
Ms. di lono, Planning Manager, reviewed the staff report as submitted to the
City Council by the Community Development Department and on file in the City
Clerk*s. In summary, the project Consists of 8.05 net acres, located at the
southeast corner of Highway 111 and Dune Palms Road. Parcel 1 consists of
the mini-mart/restaurant; Parcel 2 consists of an auto repair/service center;
Parcel 3 consists of self-storage providing for RV parking; and, Parcel 4
consists of the compressed natural gas CNG) fueling facility. The Planning
Commission approved the project, subject to conditions of approval, including
a provision for the Planning Commission to review the final landscape plans.
Mr. Nesbit, Associate Planner, then reviewed the site plans and elevations.
In response to Council Member Perkins, Mr. Nesbit advised that the storage
facility will have a total of 70 RV spaces, 31 interior spaces and 39 exterior
spaces.
In response to Council Member Adolph, Mr. Nesbit advised that the driveway
on Highway 111 would be a right-in, right-out and that the retention area along
Highway 111 would have a 2 to 3-foot berm. Signage for the project will be
addressed at a later date. The adjacent property to the east will share the
reciprocal driveway when that property is developed. In regard to the building
being placed on the east property line, he advised that the Planning
Commission felt that with a specific plan, the development could establish its
own development sta'ndards and the Commission preferred having the building
pushed back to the property line to allow additional pedestrian access in front
of the spaces. A block wall is not proposed on the east property line and any
existing utility easements will be revealed on the engineering plans. He advised
that the auto repair service would not include heavy engine repair.
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In response to Council Member Adolph, Mr. Herman, Community Development
Director, advised that the minimum distance from the curb on Dune Palms
Road to the buildings is 37 feet.
Council Member Adolph suggested some undulation to soften the effect of the
walls of the buildings along Dune Palms Road.
Council Member Perkins was concerned about what the setback would be for
the property to the east when it's developed if the buildings for this project are
placed right on the property line.
Mr. Herman advised that the adjacent property owner's setback would not be
less than three feet more likely ten feet to provide a pedestrian access) to
avoid an unusable trash-catch area between the buildings, unless it's perhaps
set at zero, thereby, butting one building up against another.
In response to Council Member Sniff, Mr. Nesbit advised that the Highway 111
access and the northerly access on Dune Palms Road are both right-in, right-
out turns.
In response to Council Member Sniff, Mr. Herman advised that the southerly
access on Dune Palms Road is a full-movement and provides access to the
undeveloped parcel to the east as well.
In response to Council Member Sniff, Mr. Nesbit confirmed that a number of
the buildings would have flat roofs with parapets and advised that the parcel
is approximately 330' X 1 325'.
Council Member Sniff questioned the viability of having two lube shops in such
close proximity to each other on Highway 111.
Council Member Henderson understood that the buildings on the east property
line were moved back upon the suggestion of the Planning Commission and felt
that the developer has generally responded to all of the Commission's
concerns.
Dale Leopard, 78-223 Charlotte Court, of Lapis Energy Corporation, advised of
their alliance with SunLine Transit Agency and their goal to implement five
CNG facilities in the valley. This facility will be used by Desert Sands Unified
School District, Waste Management, and possibly the City of Indian Wells.
In response to Council Member Adolph, Mr. Leopard advised that they will
carry a major brand fuel and are negotiating with Exxon and Mobil. He advised
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See correction that the underground steel tanks will be placed on the south side of the canopy
in 2118197 and proceeded to describe the loading procedures.
Minutes)
Council Member Adolph was concerned about having adequate turning radius
f9r the fuel trucks and containment underneath the dispensers.
John Gabbard, 1 35 Saxony Road, Encinitas, advised that the design of the
station will meet current codes with a retainment basin underneath. An alarm
system will detect any release or leak.
In response to Council Member Perkins, Mr. Leopard advised that the island
bays for the front fueling area are three-car lengths wide. The private
contractor sector will have access to the back portion of the facility and CNG
will be available in both areas.
Council Member Henderson was pleased with the project and commended
Lapis for their cooperation with the Planning Commission.
Mayor Holt concurred.
In response to Council Member Sniff, Mr. Leopard advised that they have
received a grant from SunLine toward the construction of a CNG facility that
SunLine*s Dial-A-Ride fleet will use. Approximately 1.1 8 therms of natural gas
equals 1 gallon of unleaded fuel. He believed that this facility will generate
more sales tax for the City than the Arco station. Through their contract with
the School District, they've agreed to provide an educational program for
grades K-i 2 and they expect their marketing efforts with emphasis on the site
along with the fact that some of the monies will go back to the District, to help
their sales. The fueling facility and mini-mart will be open 24 hours a day and
the remaining facilities will be open approximately 7 a.m. to 7 p.m.
There being no one else wishing to speak, the Mayor declared the PUBLIC
HEARING CLOSED.
RESOLUTION NO.97-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT F9R ENVIRONMENTAL ASSESSMENT 96-328,
PREPARED FOR SPECIFIC PLAN 96-028 AND OTHER RELATED
APPLICATIONS.
It was moved by Council Members Sniff/Henderson to adopt Resolution No.
97-05 as submitted. Motion carried unanimously.
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RESOLUTION NO.97-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, GRANTING APPROVAL OF SPECIFIC PLAN 96-028, TO ALLOW
DEVELOPMENT OF AN 81,110-S. F., MIXED-USE COMMERCIAL
DEVELOPMENT ON 10.29 GROSS ACRES.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-06
as submitted. Motion carried unanimously.
RESOLUTION NO.97-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT
96-029, TO ALLOW DEVELOPMENT OF VARIOUS USES IN CONJUNCTION
WITH AN 81,110-S. F., MIXED-USE COMMERCIAL DEVELOPMENT ON 10.29
GROSS ACRES.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-07
as submitted. Motion carried unanimously.
RESOLUTION NO.97-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, GRANTING APPROVAL OF TENTATIVE PARCEL MAP 28422,
CREATING FOUR PARCELS TO ALLOW DEVELOPMENT OF AN 81,110-S. F.,
MIXED-USE COMMERCIAL DEVELOPMENT ON 10.29 GROSS ACRES.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-08
as submitted. Motion carried unanimously.
RESOLUTION NO.97-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT
96-590, TO ALLOW DEVELOPMENT OF An 81,110*.F., MIXED-USE
COMMERCIAL DEVELOPMENT ON 10.29 GROSS ACRES.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-09
as submitted. Motion carried unanimously.
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2. SUBMISSION OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK
GRANT YEAR 23 FUNDS.
The Mayor declared the PUBLIC HEARING OPEN.
Mr. Baker, Principal Planner, reviewed the staff report as submitted to the City
Council by the Community Development Department and on file in the City
Clerk's Department. In summary, he advised that the City is eligible for
approximately $137,000 in grant funds for Year 23 Funds. These projects
must meet national objectives which include benefits to low and moderate-
income families, seniors and physically challenged, or aid in the elimination of
slums and blight. He advised that the following applications have been
received:
* City of La Quinta, $107,000 for public facility improvement; street, curb,
gutter, and main and lateral sewer improvements.
* Family Services of Coachella Valley, $9,900 for identification of at risk"
school children to encourage parents to seek help.
* Desert Aids Project, $10,000 for comprehensive in-home care and case
management.
* Boys & Girls Club La Quinta Unit, $30,000 for fee waiver/reduction
program.
* FISH, $5,000 for distribution of food and transportation to medical
facilities.
* Foundation for the Retarded of the Desert, $15,000 for programs to
develop or enhance skills and paid work opportunities.
* Community Access Center/County of Riverside, $4,000 for outreach for
disabled persons to obtain adequate housing.
* Cold Weather Emergency Program/County of Riverside, $1,230 for
homeless shelter services.
Mr. Baker advised that a late request was also received from the County for
$5,000 to $10,000 to be used for a platform at Lake Cahuilla Park to comply
with the Americans With Disabilities Act. Staff recommended the allocation of
$30,000 for the Boys & Girls Club of La Quinta for a fee waiver/reduction
program and $107,000 for street improvements on Avenida La Fonda.
In response to Mayor Holt, Mr. Herman, Community Development Director,
advised that an allocation toward the Lake Cahuilla improvements would
reduce the $107,000 recommended for street improvements.
Janine Smith, 54-017 Avenida Vallejo, Executive Director of Family Services
of Coachella Valley, advised that they have provided professional counseling
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and intervention services for families in the valley for 38 years and
approximately 10% of those served during 1 996 were from La Quinta with the
primary issues being child abuse, family violence, teen behavior problems, and
marriage problems. In many cases, counseling was halted prior to normal
conclusion due to the lack of transportation or the inability for working parents
to attend during daytime hours. She advised that 50% of the La Quinta
residents that they serve are in or near the poverty level. She urged Council
to consider their request for grant funds which would be used for a school-
based counseling service where at risk" children would be counseled on-site
at the schools.
In response to Council Member Adolph, Ms. Smith advised that they are a non-
profit organization and receive funding through United Way, CDBG funds from
other cities, various foundation grants, and private funding. The* also have a
contract with the County for specific services.
Norma Branson, 81-291 Alberta Avenue, lndio, President of FISH, advised that
they organized in 1 972 and that their two main programs are the distribution
of food to needy families and transportation for the elderly or disabled to
medical appointments, serving approximately 100 La Quinta residents last year.
They are a non-profit organization and receive funding from various churches,
service clubs, and CDBG funds from lndio1 Palm Desert, and the County. She
advised that last summer, food requests increased 25%, but funding was
reduced to half of what they received the previous year.
In response to Council Member Adolph, Ms. Branson advised that they meet
monthly with other organizations such as Meals on Wheels, Martha*s Kitchen,
Coachella Valley Rescue Mission, Salvation Army, etc. to coordinate their
efforts, noting that Meals on Wheels provides prepared food for the
homebound.
Jim Ducatte, 81-750 Crown Way, Indlo, Executive Director of the Boys & Girls
Club of Coachella Valley, thanked the Council for their strong partnership over
the years, including their participation in the Building Horizons Program. He felt
that the joint-use agreement has worked well and advised that last year*s
CDBG funds enabled them to provide program scholarships to 136 children.
There being no one else wishing to speak, the Mayor declared the PUBLIC
HEARING CLOSED.
In response to Council Member Perkins, Mr. Herman advised that only $30,000
of the grant funds can be used for public service and $107,000 for fiscal
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improvements such as the street improvements to Avenida La Fonda or the
platform at Lake Cahuilla.
Council Member Henderson advised that this is a tough decision, but she was
inclined to go al6ng with staff's recommendation regarding the $30,000-
allocation for the Boys & Girls Club. She felt that the City should support
improvements to Lake Cahuilla as it's always advertised as being in La Quinta
and, therefore, she supported an allocatiQn of $10,000 to the County for the
ADA platform at Lake Cahuilla and $97,000 for the Avenida La Fonda street
improvements.
Mayor Holt suggested reducing the County allocation to $7,000. She also
encouraged Family Services and FISH to submit funding proposals*for Council's
consideration during the budget process.
Council Member Perkins commented on the worthiness of each. of the
organizations listed in the staff report and encouraged them to submit their
proposals prior to budget deliberations. He felt that Council should maintain
its commitment to the Boys & Girls Club and supported allocating $100,000
for the Avenida La Fonda street improvements and $7,000 for the Lake
Cahuilla improvements.
Mayor Holt agreed that all of the organizations are worthy, but advised that
she singled out the two organizations because of the number of La Quinta
residents they serve.
Council Member Adolph agreed and wished to find a way to support these two
groups and asked if there were any other funds available to which Mr.
Genovese, City Manager, advised that an allocation would have to come from
the emergency reserve or the Special Projects Contingency Fund which has a
pending allocation for the bed and breakfast DDA.
Council Member Henderson noted that the current balance of the Special
Projects Contingency Fund is approximately $4,400.
Council Member Sniff supported an allocation of $7,000 for the Lake Cahuilla
improvements, $100,000 for the Avenida La Fonda street improvements, and
$30,000 for the Boys & Girls Club. He, too, wished to see Family Services and
FISH submit proposals for Council's consideration during the budget process.
Council Member Perkins advised that the Council has previously discussed at
long length about setting up a program whereby funding requests such as
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these that are listed can be dispensed in an equitable manner and he urged the
two Qrganizations to submit their proposals.
Council Member Henderson pointed out the possibility of making a small
contribution to these two groups out of the Special Projects Contingency Fund
once an accounting of the balance is completed.
RESOLUTION NO.97-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING PROPOSALS, REPROGRAMMING FUNDS, AND
AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT YEAR 23 FUNDS.
It was moved by Council Members Perkins/Sniff to adopt Resolution No.97-10
as submitted allocating $100,000 for the Avenida La Fonda street
improvements, $30,000 for the Boys & Girls Club, and $7,000 for the
improvements at Lake Cahuilla). Motion carried unanimously.
3. CERTIFICATE OF APPROPRIATENESS 96-002 FOR REHABILITATION AND
SEISMIC RETROFIT OF THE HISTORIC KIENER BUILDING AND SHED AS
RECOMMENDED BY THE HISTORIC PRESERVATION COMMISSION.
The Mayor declared the PUBLIC HEARING OPEN.
Ms. di lono, Planning Manager, reviewed the staff report as submitted to the
City Council by the Community Development Department and on file in the City
Clerk's Department. In summary, she advised that the applicant is proposing
seismic retrofit and rehabilitation of the Kiener main building and shed located
at 79-895 Avenida Montezuma. The Historic Preservation Commission has
determined that the modifications are compatible with the Secretary of the
Interior's standards for the treatment of historic properties and has
recommended approval of the rehabilitation and seismic retrofit of the property.
There being no one else wishing to speak, the Mayor declared the PUBLIC
HEARING CLOSED.
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RESOLUTION 97-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING THE CERTIFICATE OF APPROPRIATENESS 96-002
FOR THE REHABILITATION AND SEISMIC RETROFIT FOR THE HISTORIC
KIENER BUILDING.
It was moved by Council Members Henderson/Perkins to adopt Resolution No.
97-11 as submitted. Motion carried unanimously.
RESOLUTION NO.97-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-334
PREPARED FOR CERTIFICATE OF APPROPRIATENESS 96-002.
It was moved by Council Members Henderson/Adolph to adopt Resolution No.
97-12 as submitted. Motion carried unanimously.
Council recessed to Closed Session as delineated on Page 17.
Council reconvened with no decision being made which requires reporting pursuant
to Section 54957.1 of the Government Code Brown Act*.
There being no further business, the meeting was adjourned.
Respec fully submitted,
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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