1997 02 18 CC Minutes.z LA QUINTA CITY COUNCIL
MINUTES
February 1 8, 1 997
Regular meeting of the La Quinta City Council of February 1 8, 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
Robert Tyler, 44-21 5 Villeta Drive, referred to the ability to drive golf carts on the
streets of Palm Desert and urged the Council to find out what it would take to allow
such vehicles on La Quinta*s public streets. He suggested integrating it with the
City*s bicycle plan.
CONFIRMATION OF AGENDA
Mr. Genovese, City Manager, asked that Consent Calendar Item Nos. 4 and 6 be
moved to Business Session Item Nos. 9 and 10 respectively.
Council Member Adolph asked that Consent Calendar Item No. 3 be moved to
Business Session No.11.
MOTION It was moved by Council Members Sniff/Adolph to move Consent Calendar
Item No.4 Commercial Support Agreement for Fred & Kay Wolff) to Business
Session Item No.9, Consent Calendar Item No.6 CVAG AB939 Program) to Business
Session Item No. 10, and Consent Calendar Item No. 3 Parcel Map 28334) to
Business Session Item No.11. Motion carried unanimously.
APPROVAL OF MINUTES
Council Member Henderson advised of an addition on Page 1 2 and Council Member
Adolph advised of a correction on Page 20.
MOTION It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of February 4, 1 997 with Page 1 2, Business Session Item No.6)
paragraph 1, corrected to read lt*s staff's recommendation....increase the General
Fund Reserve Account;" and with Page 20, paragraph 1, corrected to read that the
underground plasteel tanks....." Motion carried unanimously.
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ANNOUNCEMENTS None
PRESENTATIONS None
WRITTEN CORRESPONDENCE
LETTER FROM CITY OF THOUSAND OAKS REQUESTING SUPPORT OF AN
APPEAL OF A COURT ACTION LIMITING THEIR RIGHTS CONCERNING A
FRANCHISE.
Council concurred on referring this letter to staff with direction to report back
to Council if appropriate.
2. LETTER FROM ADAMS/TRUMAN PTA REQUESTING FINANCIAL ASSISTANCE
FOR COMPUTER UPGRADES.
Council Member Sniff suggested that this be added to the list of items for
discussion between the City and the School District. He commented on the
number of requests received from the schools and felt that Council needs some
understanding of the School Distnct*s policies prior to developing a City policy
to handle such requests.
Mayor Holt felt that a letter should be sent, informing them that all of the funds
have been expended this year, but that the Council would consider budgeting
a certain amount next year for the School District to distribute in relation to
such requests.
Council Member Henderson suggested using such a letter as a boiler plate"
letter for any further requests that might be received from the schools this
year.
Mr. Genovese, City Manager, advised that a tentative agenda for a joint
meeting, including this item, was sent to the School District's Assistant
Business Services Director, but that no response has been received yet.
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3. LETTER FROM AGING COMMUNITY TEAM ACT I) REGARDING
TRANSPORTATION ISSUES.
Council Member Henderson felt that this should be investigated to see if it can
be incorporated into the City's proposed summer bus program and she
questioned the meaning of their mission statement.
Council concurred on referring this to staff.
4. LETTER FROM RITA KEPNER REGARDING GAS-POWERED GARDENING
EQUIPMENT.
Council concurred on referring this letter to staff.
5. LETTER FROM PALM SPRINGS DESERT RESORTS AIRLINE SERVICE
COMMITTEE REQUESTING APPOINTMENT OF A COUNCIL MEMBER TO THE
COMMITTEE.
Council Member Henderson volunteered to serve on the committee, noting that
she*s already serving on the C. V. Regional Airport Authority.
Council concurred on agendizing this request for the next meeting.
6. LETTER FROM FISH REQUESTING FINANCIAL ASSISTANCE.
Council concurred on referring this letter to staff to be a part of the budget
discussions.
BUSINESS SESSION
1. CONTINUED CONSIDERATION OF THE COACHELLA VALLEY SOLID WASTE
MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT.
Mr. Herman, Community Development Director, advised that on February 4,
1 997, Council continued their consideration of this matter and since that
meeting, the cities of Indian Wells and Rancho Mirage have approved the JPA,
subject to a condition related to a 90-day-or-less withdrawal period and the
City of Cathedral City has decided on a 4-1 vote to not participate in the JPA.
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Council Member Henderson felt that all of the items of concern have been met
and was prepared to move forward with the JPA.
Council Member Sniff felt that everyone has worked together to come up with
the most cost-effecuve solution for handling a regional problem and he believed
that the JPA provides that opportunity. He noted that buying into the JPA is
not the same as buying into the conclusion because the conclusion will be
determined by the participants. He commented on how governments work
with private enterprise through contracts and felt that this is a continuation of
that process and that it will provide the cities an opportunity to find out if they
can work together on a meaningful solution to a meaningful problem. He
pointed out that up4ront membership will allow the City to be involved with all
of the up-front decisions which he felt makes good sense. He didn't have a
problem with changing the withdrawal period to 90 days or less and felt that
this effort would produce the most positive, competitive involvement by private
enterprise, noting that the JPA would not be locked into one solution as there
will be various bidders on the construction, operation, and the landfill. He
believed that this proposal would provide the most cost-effective service to the
residents.
In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that she has
not changed her opinion on the language in the agreement since the last
Council meeting and didn't see any problem with approving it with the
condition that the withdrawal period be shortened. She added that it has been
reviewed as to legal form and is a policy decision at this point.
Council Member Adolph felt that this would be a very viable solution to the
trash problem if all of the cities participated, but since they're not, he was
concerned about the economic effect it could have on the City if the City
participates in the JPA. He questioned what could be accomplished by
continuing this matter, noting that Cathedral City has voted against the JPA.
He was concerned about the City getting stuck with a $100 million bond issue
if the project fails. He pointed out that it takes a minimum of four cities to
form the JPA and questioned where the other two cities would come from and
where the required 500 tons per day tpd) would come from, noting that the
tonnages from Indian Wells, Rancho Mirage, and La Quinta are less than half
that amount. He also questioned where the facility would be built. He
questioned it being a viable solution and felt that private enterprise would have
built it if it was. He felt that there's still time to determine the best way to
handle the problem before Edom Hill closes.
Council Member Perkins felt that the proposal is a poor business deal with it
being dependent on a regional effort, noting that some larger cities are voting
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it down or are getting ready to vote it down, leaving the burden on the smaller
cities with La Quinta and Rancho Mirage as the two largest contributors of
trash and responsible for the tab.
In response to Council Member Perkins, Mr. Baker, Principal Planner, advised
that two cities have approved the JPA, one has denied it, and the other
jurisdictions have it on their agendas for action. He advised that the City of
Desert Hot Springs is not included in Palm Springs' Bedminster proposal and
that Palm Springs' staff is proposing three alternatives to their Council: 1) go
with the Bedminster project, but participate in the JPA at 20,000 tons per
year; 2) redesign Bedminster to include a transfer station function; or, 3) go
completely with the JPA because of the two first alternatives being too
expensive.
Mayor Holt generally agreed with Council Member Perkins' comments and
advised that she's uncomfortable with the proposal as it stands.
Council Member Henderson commented on the number of discussions held
regarding public/private partnerships and using government in innovative ways.
She felt that this could be a successful project and pointed out that the JPA
will not go forward if the tonnages are not there and that the City will retain
control over its participation in the bond issue. She felt that this is a problem
that should be addressed on a regional basis and noted that no one knows how
the other six jurisdictions are going to vote on this issue. She completely
supported the formation of the JPA and the continuance of the mission that's
been worked on for three years. She felt that it's the Council's responsibility
to closely watch the JPA and to direct the Council's representative to properly
*epresent the wishes of this Council.
Council Member Perkins has a problem with the City not being responsible for
its actions or for the use of its facilities from the standpoint of being a part of
the bond issue, pointing out that La Quinta's wishes could be outnumbered by
the other representatives on the JPA.
In response to Council Member Perkins, Mr. Herman advised that no further
response to Mr. Falconer's questionnaire has been received from Evenson
Dodge except for the information contained in the staff report.
Council Member Perkins advised that he would be more inclined to go along
with this if there were eight or nine other participants, but otherwise felt that
it would be jeopardizing the City's funds. He felt that it's a bad business
proposal for the City.
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Council Member Sniff asked Mr. 0'toole to respond to some of the questions.
William O'toole, 130 S. Cedros Avenue, Suite 210, Solano Beach, President of
EcoNomics, Inc. advised that he has worked with CVAG and the Task Force
on this issue for three years and stated that he was also involved with the San
Marcos project where the various jurisdictions tried to determine each other's
intent and ended up in a gridlock, thus making some very bad decisions. He
advised that in anticipation of the landfill closures, the Task Force tried to get
ahead of the problem and derive a joint solution whereby tonnages would be
aggregated and result in the best economics for all concerned, noting that
there's strength in numbers and higher costs individually. He pointed out that
the jurisdictions involved with this are now in gridlock, with some of the cities
planning their own solutions on an individual basis or in groups of two. The
pod system proposed to Cathedral City by Waste Management needs at least
one more city's participation and Waste Management is requiring a 3Y2-year
extension to their franchise agreement in drder to make it work. He advised
that in Waste Management's proposal, they reported a total daily tonnage for
the ten jurisdictions of 992 tpd, but the Riverside County Tonnage Tracking
System reported a total of 1,055 tpd from the ten jurisdictions and 1,214 tpd
with the inclusion of self-haul tonnage construction and demolition materials).
He advised that construction and demolition materials cannot be serviced by
pods, making a transfer station necessary to move those materials out of the
valley once Edom Hill closes. In reviewing Waste Management's proposal, he
questioned how approximately $4 million in capital costs for pods and trailers
could be amortized out over seven years at only $1 per household, noting that
Cathedral City has 12,000 homes and over eight years, that only totals
$96,000. He understood why some are reluctant in being first, but pointed out
the importance of getting out of the existing gridlock without being pushed into
a panic situation such as what happened in San Diego. He advised that the
pods will work in the absence of alternatives and an opportunity to complete
any up-front planning but felt that the cities would be better off if they
retained their bargaining position.
In response to Council Member Sniff, Mr. 0'toole advised that the transfer
station will cost between $7-si 1 million, which is not close to the $100 million
amount stated by some, and the bond issue will not come up for 8-12 months
due to the phased approach of the JPA. He pointed out that there will be time
for the members to build trust with each other and that the 90-day withdrawal
period will allow them to talk with each other without any obligation.
Regarding the siting of the transfer station, he advised that two sites have
been selected and both are in the unincorporated area of the County along
Interstate 10. If less than four members join the JPA there will be no risk to
the City because it takes a minimum of four jurisdictions to form the JPA.
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Once the JPA is formed, the first risk of funds will not occur until after four
months when the JPA decides to move forward with the EIR and pre-
construction costs. The maximum risk to the City at that point would be
$80,000, but if the project moves forward, the EIR cost will be reimbursed by
the vendor.
In response to Council Member Perkins, Mr. 0'toole felt that as a business
decision, it's prudent to enter into discussions, pointing out that the City will
be able to back out after 90 days should it come to the conclusion that no one
is going to agree; then the City can negotiate the best deal it can get with its
limited amount of tonnage.
Council Member Henderson pointed out that the City is going to have to deal
with this problem eventually, either with the JPA or alone.
Mayor Holt pointed out that there's no guarantee that the 90-day withdrawal
period will be approved and Council Member Henderson advised that she
wouldn't recommend approval of the JPA without that as a condition.
Mr. 0'toole advised that both Rancho Mirage and Indian Wells have approved
the JPA subject to the 90-day-or-less withdrawal clause and it has been legally
tested so there are no risks involved for 90 days.
In response to Council Member Sniff, Carl Otto, P.O. Box 2858, Sacramento,
of Otto Sexton, advised that the total capital costs for a 1 250 tpd transfer
station is approximately $7.5 million and the bonds, if amortized over a 20-year
period, would cost approximately $20-$21 million.
In response to Council Member Adolph, Mr. OttQ advised that the costs would
be guaranteed in their contract before the project begins and that the financing
proforma was prepared by the bond counsel. The capital costs include the
acquisition of land, the design and construction costs, all fixed equipment, and
all improvements; the operation costs are separate and are based on. tonnage.
Their quotes include facilities for 750 tpd, 1 000 tpd, and 1 250 tpd, but their
contract would have to be re-negotiated for a downsized facility less than 750
tpd. He felt that it could be downsized to approximately 500 tpd for relatively
the same cost per t6n, but advised that there might be a slight increase in cost
if the tonnages fall below 500 tpd. He advised that sufficient trash exists; it's
just a matter of the jurisdictions committing their trash to the facility prior to
it being built.
Council Member Adolph was concerned about the possibility of not meeting the
minimum tonnage for the facility.
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Council Member Henderson felt that the City's trash is more likely to increase
as the City grows as opposed to decrease.
Council Member Adolph pointed out that additional recycling would reduce the
wastestream and Mr. Otto advised that the transfer station would be designed
to recover a minimum of 5% of the recyclables with a potential for 20-25%.
Tom Freeman, 5*220 Avenida Obregon, Vice President of Waste Management
of the Desert, advised that under the pod-system proposal presented to
Cathedral City, the residential rate would increase $0.96/month; the increase
in the commercial rate was not outlined. They are asking for a 3Y2-year
extension on their franchise, but not for a 20-year commitment of the city's
wastestream. He questioned the existence of competition with a 20-year
waste commitment and pointed out that such a commitment would mean that
the City would remain committed to the bond issuance until it's paid. He didn't
feel that this proposal is a good business decision or they would have built a
transfer station themselves.
Council Member Adolph pointed out that even if Palm Springs commits 20,000
tons per year, it's only 90 tpd which is still short of 500 tpd.
MOTION It was moved by Council Members Adolph/Perkins to deny approval
to 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; and appoint a representative and
alternate to the JPA Board of Directors.
Council Member Sniff advised that he would not support the motion as he saw
no logical reason for not proceeding into the process where there are no
commitments whatsoever. It seemed odd to him that the City wouldn't want
to find out how many participants there are and who they might be. He felt
that approval of the motion would be fundamentally inappropriate.
Council Member Henderson questioned if any consideration has been given as
to the position that the City may be in 30 days from now if the proposal is
denied. There seems to be a concern about how many participants there's
going to be in the J'PA and she asked how, why, what, where is the Council
going to try to entertain this proposal again. She advised that she would not
support the motion. She felt that in denying the proposal, the City would be
writing itself out of any Countywide joint effort to solve this problem and asked
if everyone else perceived the City's position in the same way.
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Council Member Sniff preferred to vote the motion down and present a motion
to approve; if that motion should fail then he suggested making a motion to
table it. He felt that an unnecessary denial would place the City in a position
that it wouldn*t be able to recover from.
Council Member Perkins advised that he, too, would vote against the motion,
but would not support a motion to approve. He was in favor of continuing the
matter for 30 days to find out what the other cities are going to do and advised
that he would be more comfortable if he knew that a sufficient number of cities
would be involved in the JPA to take a lot of the heat off of La Quinta.
Mayor Holt continued to have some concerns, but preferred to see the item
continued. However, she advised that she hasn*t moved any closer to
supporting the proposal.
In response to Council Member Adolph, Mr. Baker advised that the cities were
asked to take action on this by March 1, 1997 and if the JPA is formed, the
admittance of any late participants will be up to the JPA.
Motion failed to carry with Council Members Henderson, Perkins, Sniff, and
Mayor Holt voting NO.
MOTION It was moved by Council Members Sniff/Henderson to continue
consideration of the Coachella Valley Solid Waste Management Authority Joint
Powers Agreement to March 4, 1 997.
Council Member Perkins advised that he would not support the motion, but
would support a 30-day continuance.
Motion failed with Council Members Adolph, Perkins and Mayor Holt voting
NO.
MOTION It was moved by Council Members Perkins/Henderson to continue
consideration of the Coachella Valley Solid Waste Management Authority Joint
Powers Agreement to March 1 8, 1 997.
Mayor Holt was concerned that other cities wishing to join the JPA might not
go along with a 90-day-or-less withdrawal period.
Council Member Perkins hoped that if La Quinta decides to approve the JPA,
that the approval would include the 90-day-or-less withdrawal period as a
condition.
Motion carried with Council Member Adolph voting NO. MlNUTE* ORDER NO.
97-26.
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2. CONSIDERATION OF REQUEST FROM WASTE MANAGEMENT OF THE
DESERT REGARDING A CONTINUANCE OF THE AUTOMATED COLLECTION
SERVICE START DATE AND PROVIDING OPTIONAL INSTEAD OF
MANDATORY GREEN WASTE COLLECTION AS PART OF THE AUTOMATED
COLLECTION SERVICE.
Mr. Herman, Community Development Director, advised that Waste
Management has requested that implementation of the automated collection
service be extended from April 1 to May 1, 1 997 which will allow time for staff
to continue negotiations with Waste Management in regard to the mandatory
green waste program and other issues.
In response to Council Member Adolph, Mr. Herman advised that as the
contract is currently written, one 96-gallon waste container and one 96-gallon
green waste container will be delivered to each resident except in gated
communities and mobile home parks). They will be assessed on the tax rolls
for those two cans. Currently, the rate is based upon these two mandatory
containers. In the case where a residence has all desertscape and has no need
for green waste containers, that can be negotiated with Waste Management.
MOTION It was moved by Council Members Sniff/Henderson to approve the
request of Waste Management to extend the implementation date for the
automated collection service to begin 30 days from April 1 to May 1, 1997.
Motion carried unanimously. MINUTE ORDER NO.97-27.
3. CONSIDERATION OF AUTHORIZATION TO NEGOTIATE A CONTRACT WITH
THE SELECTED CONSULTANT FOR THE PREPARATION OF THE GENERAL
PLAN UPDATE.
Ms. di lono, Planning Manager, advised that staff is requesting authorization
to negotiate a Professional Services Contract with David Evans & Associates
to update the General Plan. She advised that the negotiated contract would
be brought back to Council for approval and that the update is expected to
begin in mid-March and completed within 16 months.
In response to Council Member Adolph, Ms. di lono advised that the last
update was completed in 1992.
Council Member Henderson advised that she served on the selection committee
and felt that each of the applicants were very qualified. She participated in the
numbering of the applicants, but, as an observer, bowed out of the final
selection.
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MOTION It was moved by Council Members Henderson/Sniff to authorize the
Community Development Director to negotiate a Professional Services Contract
with David Evans & Associates, Inc. to update the General Plan in an amount
not to exceed $200,000. Motion carried unanimously. MINUTE ORDER NO.
97-28.
4. CONSIDERATION OF REQUEST FOR FUNDING AND PARTICIPATION IN THE
THIRD ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY.
Mr. Hartung, Building & Safety Director, advised that the Greater Coachella
Valley Soap Box Derby has requested a grant in the form of services and fees
totaling $3,650. He further advised that the City has supported the event for
the last two years.
In response to Council Member Adolph, Mr. Hartung advised that last year the
City provided a total of $3,323 in cash and in-kind services with the franchise
fee being $1,100. This year the franchise fee is $1,200 which is the total
amount that will actually be paid out.
Council Member Henderson felt that funding for this event should be a part of
the budget process if the City is going to support it annually. She also
questioned if it should be absorbed into the Parks & Recreation Program. In
reference to the balance in the Special Projects Contingency Fund and three
other financial requests on the agenda, she was concerned about how the
limited funds would be disbursed between the requests, noting that one of the
requests was received prior to the others, including this one. She wished to
reserve the actual funding of this request until a balance is determined by the
other requests. She didn*t feel that it should be first-come, first-serve when
they*ve equally moved through the system.
In response to Council Member Sniff, Mr. Hartung advised that the franchise
fee of $1,200 is the actual cash outlay with the balance of the request being
for in-kind services.
Council Member Henderson pointed out that in the past, the City has approved
grants to cover such in-kind services.
Council Member Perkins supported the request, pointing out that it*5 an activity
that receives national recognition and he felt that the City should receive full
recognition as a co-sponsor of the event. He agreed that it should be a part
of the budget process if it's going to be an annual event and that the City has
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previously required a grant to ourselves for in-kind services, but questioned if
this might be different since the City would be a sponsor.
Mayor Holt also su*ported the request and pointed Out that a large sum of
money was taken from the General Fund for advertising in another event and
she didn*t have a problem with doing the same this time.
See Correction Council Member Henderson felt comfortable that the 50% increase in transient
on March 4th occupancy tax for December was significantly related to the advertising spent
Minutes) from the General Fund for the golf event.
In response to Council Member Adolph, Lucia Moran, P.O. Box 1314, advised
that the majority of their donations are through in-kind services such as
portable toilets, dumpsters, trash bins, and printing services. Their actual
costs consist of franchise fees, travel expenses to the national derby in Akron,
Ohio for one child and an adult from each division total of 4 people), $500 for
each family for food and lodging, and $1,200 for shipping of the two cars.
She advised that they normally receive sufficient donations to cover the
additional expenses through their search for sponsors in the community. She
further advised that SunLine Transit Agency would be supplying some of the
items previously supplied by the City which will reduce the City*s in-kind
services amount.
In response to Council Member Henderson, Ms. Moran advised that the Parks
& Recreation Commission has not yet responded to their request for one of
their representatives to join their committee.
MOTION It was moved by Council Members Sniff/Perkins to approve the
request from Greater Coachella Valley Soap Box Derby in the amount of
$3,650, utilizing the Special Projects Contingency Fund 101-101-663-000)
and authorize a transfer of funds if necessary) in the amount of $905 from the
General Fund Reserve Account 101-000-300-290) to the Special Projects
Contingency Fund; and further direct staff to include the Soap Box Derby as
a line item for the 1 997/98 fiscal year budget process. Motion carried
unanimously. MINUTE ORDER NO.97-29.
5. CONSIDERATION OF APPOINTMENT OF NEW MEMBERS TO THE BUILDING
AND CONSTRUCTION BOARD OF APPEALS.
Mr. Hartung, Building & Safety Director, advised of the need to fill three
vacancies on the Building & Construction Board of Appeals and recommended
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the following appointees: Dennis Cunningham, Kevin Leonhard, and Michael
Mendoza.
MOTION It was inoved by Council Members Sniff/Henderson to appoint
Dennis Cunningham, Kevin Leonhard, and Michael Mendoza to fill the
vacancies on the Building & Construction Board of Appeals. Motion carried
unanimously. MINUTE ORDER NO.97-30.
6. CONSIDERATION OF AMENDMENT TO CHAPTER 3.12 OF THE LA QUINTA
MUNICIPAL CODE RELATING TO PURCHASES. DELETING SECTION 3.12.070
REQUISITIONS) AND AMENDING SECTION 3.12.080 PURCHASE ORDERS).
Mr. Falconer, Finance Director, advised that as a result of the annual audit, the
auditors have recommended that the City change their purchasing procedures
and establish a dollar limit for required purchase orders. Staff recommended
a minimum amount of $1,000 for purchase orders.
MOTION It was moved by Council Members Sniff/Adolph to take up
Ordinance No.297 by title and number only and waive further reading. Motion
carried unanimously.
ORDINANCE NO.297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 3.12 RELATING TO PURCHASES,
DELETING SECTION 3.12.070 REQUISITIONS) AND AMENDING SECTION
3.12.080 PURCHASE ORDERS).
It was moved by Council Members Sniff/Adolph to introduce Ordinance No.
297 on first reading. Motion carried by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None
7. CONSIDERATION OF RESOLUTION APPROVING AN APPLICATION FOR THE
1996 BICYCLE LANE ACCOUNT GRANT PROGRAM FOR A CLASS II BIKE
LANE, INCLUDING STRIPING AND SIGNS TO BE KNOWN AS THE CORAL
REEF MOUNTAINS BIKE LANE."
Mr. Wilson, Management Assistant, advised that the grant application is for a
Class II bike lane which includes on-street striping and signs. The bike lane will
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begin at the existing Bear Creek Bike Path at the south end of the Cove,
proceed easterly along Calle Tecate to Avenida Bermudas, and continue north
to Fritz Burns Park. The 2.1-mile bike path will be known as the Coral Reef
Mountains Bike Lane and will provide a complete circuitous route of the Cove
area. The total project cost is estimated at $39,000 which the City must
match with $3,900. The project is consistent with the General Plan and the
City*s Bike Route Plan which was approved by Council in March 1996. The
Bike Route Plan is expected to be approved by Caltrans in the near future and
must be approved prior to the City being eligible for funding under this grant.
Mayor Holt expressed appreciation for staff*s hard work in pursuing grants for
the City.
In response to Council Member Adolph, Mr. Vogt, Public Works Director,
advised that the bike path would not need to be integrated with the Tradition
development along Avenida Bermudas because it*s a Class II bike path which
is a shared lane with vehicles, having a stripe along the east side of the street.
RESOLUTION NO.97-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING THE APPLICATION FOR THE 1996 BICYCLE LANE
ACCOUNT GRANT PROGRAM FOR A CLASS II BIKE LANE, INCLUDING
STRIPING AND SIGNS TO BE KNOWN AS THE CORAL REEF MOUNTAINS BIKE
LANE.
It was moved by Council Members SnifflAdolph to adopt Resolution No.97-13
as submitted. Motion carried unanimously.
8. CONSIDERATION OF ORDINANCE ESTABLISHING A NEW SECTION 3.30 TO
THE LA QUINTA CHARTER AND MUNICIPAL CODE WHICH SETS FORTH THAT
CITY PUBLIC WORKS PROJECTS SHALL NOT REQUIRE PREVAILING WAGE
PAYMENTS.
Mr. Weiss, Assistant City Manager, advised that as a Charter City, the City
may now establish rules and procedures relative to local contracting for public
works projects. He advised that Council previously discussed the possibility
of adopting a market-wage contracting process as opposed to paying prevailing
wages under the State*s requirements and that the proposed ordinance is a
result of those discussions.
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MOTION It was moved by Council Members Sniff/Adolph to take up
Ordinance No.298 by title and number only and waive further reading. Motion
carried unanimously.
Council Member Henderson noted that Governor Wilson has recently
introduced a new process for calculating prevailing wages at the State level
and the Federal government is taking a look at Davis Bacon. She understood
that some were concerned that the City intends to pay slave" wages which
she wished to assure isn't true. She advised that prevailing wages is much
more complex for contractors than just the employees salaries because it
affects the amounts of their liability insurance, workers compensation, social
security payments, bonds, etc.
ORDINANCE NO.298
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUENTA,
CALIFORNIA, ESTABLISHING A NEW SECTION 3.30 OF THE LA QUINTA
CHARTER AND MUNICIPAL CODE WHICH SETS FORTH THAT CITY PUBLIC
WORKS PROJECTS SHALL NOT REQUIRE PREVAILING WAGE PAYMENTS.
It was moved by Council Members Sniff/Adolph to introduce Ordinance No.
298 on first reading. Motion carried by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None
9. APPROVAL OF AND AUTHORIZATION FOR THE MAYOR TO SIGN A
COMMERCIAL SUPPORT AGREEMENT BETWEEN THE CITY AND FRED AND
KAY WOLFF.
Mr. Herman, Community Development Director, advised that this is the final
action necessary to provide funding for Mr.. & Mrs. Wolff's Bed & Breakfast
application. Council needs to determine whether the funding will be taken out
of the Special Projects Contingency Account or General Fund Reserve Account.
Council Member Henderson advised that she still supports this process, but not
necessarily the agreement as drafted. She felt that the word visits" under
Section ll(A)(2) in regard to City assistance, should be changed to nights" and
advised that she has a major concern with forgiving repayment of the loan if
the business is not successful. She didn't believe that that was the Council's
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intent and couldn't support the agreement with that clause. She was
concerned that the City would be opening itself up for other such requests,
noting that she has spoken to two others in the City who are also considering
opening up bed and breakfast establishments. She supported a lower interest
rate and a five-year-repayment period, but not forgiveness of the loan.
In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised
that per Council's direction, this agreement was drafted similar to another bed
and breakfast venture agreement which included a forgiveness clause because
it was for a Redevelopment Agency loan and the Redevelopment Agency
cannot make straight-forward business loans. This loan, however, is a City
loan and Council may require repayment if they wish. The RDA loan also has
a second trust deed due to the size of the loan.
Council Member Henderson pointed out that there's somewhat of a difference
between the two ventures in regard to their investments and incentive to make
their projects successful.
Council Member Perkins supported the idea, but advised that he didn't have
any intent of granting a loan with the possibility of not being repaid because
he didn't feel that's good business. He didn't have a problem with the five-
year-repayment period, but wouldn't support the agreement unless the
forgiveness clause is taken out.
Council Member Adolph understood that the applicants offered to repay the
loan.
Council Member Sniff felt that Council should give this more thought because
of the precedence it sets and suggested that it be agendized for further
discussion. However, if it is approved, he agreed that the loan should be
repaid with certainty and he didn't have a problem with the interest rate. He
suggested that the last line of Section ll(A)(2) be deleted.
Council concurred.
MOTION It was moved by Council Members SnifflAdolph to approve and
authorize the Mayor to sign the Commercial Support Agreement as amended
striking the last sentence of Section ll(A)(2)) and instruct staff to appropriate
$1,695 from the Special Projects Contingency Fund or the General Fund
Reserve Account. Motion carried unanimously. MINUTE ORDER NO.97-31.
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10. APPROVAL OF APPROPRIATION IN THE AMOUNT OF $1,920 TO SUPPORT
THE CVAG AB939 PROGRAM THROUGH JUNE, 1997.
Mr. Herman, Community Development Director, advised that this is a request
for funding to allow CVAG's AB939 Technical Committee to continue the
AB939 Program through June 1997. Staff recommended that the City*s
proportionate share of $1,920 be funded from the Special Projects Contingency
Fund, the General Fund Reserve Account, or other account as deemed
appropriate by Council.
Council Member Henderson asked if there were monies available in the AB939
Fund to which Mr. Herman responded yes and she suggested that that fund be
used for this request.
Council concurred.
MOTION It was moved by Council Members Henderson/Sniff to approve and
authorize the appropriation of $1,920 for the CVAG AB939 Program through
June 1 997, from the AB939 Fund Account. Motion carried unanimously.
MINUTE ORDER NO.97-32.
11. APPROVAL OF PARCEL MAP 28334, KSL DESERT RESORTS, INC.
Council Member Adolph questioned the wording under findings and alternatives
in the staff report to which Mr. Vogt, Public Works Director, advised that that
option would not be used in the future.
MOTION It was moved by Council Members Adolph/Sniff to approve Parcel
Map 28334 KSL Desert Resorts, Inc. Motion carried unanimously. MINUTE
ORDER NO.97-33.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 18, 1997.
2. TRANSMITTAL OF TREASURY REPORT DATED DECEMBER 31, 1996.
3. SEE BUSINESS SESSION NO.11.
4. SEE BUSINESS SESSION NO.9.
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5. ADOPTION OF A RESOLUTION AUTHORIZING A STREET CLOSURE PERMIT
FOR THE LA QUINTA ARTS FESTIVAL EVENT ON MARCH 13-16, 1997, AT
THE FRANCES HACK PARK, ACCORDING TO CONDITIONS FOR TEMPORARY
USE PERMIT 97-127. APPLICANT: LA QUINTA ARTS FOUNDATION.
6. SEE BUSINESS SESSION NO.10.
7. APPROVAL OF RELEASE OF BOND FOR STREET IMPROVEMENTS IN FRONT
OF CUNARD*S RESTAURANT.
8. ADOPTION OF AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING FOR THE PREPARATION OF THE COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN.
9 APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT WITH RAY LOPEZ & ASSOCIATES TO INCLUDE CONSTRUCTION
MANAGEMENT SERVICES FOR PHASE 1, BEAR CREEK URBAN FORESTRY
PROJECT.
10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NICKERSON,
DIERCKS, AND ASSOCIATES FOR CAPITAL IMPROVEMENT PROJECT
ADMINISTRATIVE SUPPORT SERVICES.
MOTION It was moved by Council Members Sniff*Adolph to approve the
Consent Calendar as recommended and as amended with Item No.5 being
approved by RESOLUTION NO.97-14. Motion carried unanimously. MINUTE
ORDER NO.97-34.
STUDY SESSION
1. REVIEW OF PROPOSED DRAFT PLAN FOR THE TRAFFIC SIGNAL AT PLAZA
LA QUINTA.
Mr. Vogt, Public Works Director, advised that two workshops were held in
regard to the traffic signal at Plaza La Quinta on Highway 111 for the purpose
of soliciting comments from the property owners and the plaza tenants. The
first workshop was held on January 1 5, 1 997 and was conducted by the City,
representatives from Berryman & Henigar and Caltrans, and attending were the
property owners, plaza tenants, representatives from the Chamber of
Commerce, Albertsons, and Automobile Club. The preliminary design was
discussed at the second workshop on January 29, 1997. The proposed
location for the signal is at the far west end of the plaza by Lumpy's Golf Shpp
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and a number of parking stalls in front of Lumpy's will have to be eliminated
to provide adequate circulation at the entrance. A left-turn pocket will be
installed for westbound traffic on Highway 111 with a phased signal and an
amber beacon for eastbound traffic and the grass area will be removed and the
sidewalk continued per Council's request, subject to Caltrans' approval. An
additional workshop wilt be held with the property owners and plaza tenants
on March 18, 1 997, if there are significant changes to the design. He advised
of a request to provide an exclusive right-turn lane for eastbound traffic
entering the plaza, but due to the existence of a large utility vault, it's not
economically feasible. Due to the extension of the median at the entrance by
Lumpy's, vehicles entering from Highway 111 will not be able to make an
immediate left turn into the parking area as they are now.
In response to Mayor Holt, Mr. Vogt advised that the existing right-in, right-out
entrance east of Downey Savings will remain in place.
Mr. Vogt advised that the design is scheduled to be completed in June 1 997
and an additional workshop is scheduled with the property owners and plaza
tenants in July to discuss the work schedule. If there's a delay in the
completion of the design, construction will be delayed until March 1 998 50 as
not to impact the tenants' busy shopping season.
In response to Council Member Adolph, Mr. Vogt advised that the four-leg
intersection will line up with one of two parcels on the north side of Highway
111 with an easement for the shared-use of that access being necessary to
access the parcel to the east.
Council Member Perkins hoped that the project would proceed quickly and
asked what the construction length of time would be to which Mr. Vogt
responded 1 20 days because of the ordering of the signals poles.
In response to Council Member Henderson, Mr. Vogt advised that he preferred
to not order the poles ahead of time and store them in the City yard because
of the City being responsible for any damage caused during that time by the
weather elements.
Mr. Freeland, Senior Engineer, pointed out also that the contractor is
responsible for making sure that Caltrans inspects the poles prior to shipping
and installation, but if the City orders the poles it becomes their responsibility
and it's difficult to get Caltrans to inspect the poles on site.
Mr. Vogt advised that Berryman & Henigar has reported that Caltrans is fast-
tracking the project.
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In response to Council Member Sniff, Mr. Vogt advised that no reaction has
been received from Lumpy's or the property owner in regard to the elimination
of five parking stalls north of the entrance of Lumpy's.
Council Member Sniff questioned the purpose of the sidewalk extension to the
bridge and felt that it should be coordinated with the bike path. He was
concerned about the timing of the project construction and asked if it could be
accelerated.
Mr. Vogt advised that the poles could be ordered ahead of time to save some
time, but it would entail a risk to the City. He further advised that January
1 998 is an outside date and he felt that the project should be completed long
before that. If for some reason Caltrans' comments are not received until
October, the project will be delayed until Spring in order to not impact the
businesses.
Council Member Sniff questioned why the signalized intersection is being
located at the toe of the slope instead of further east to coordinate*with the
properties to the north as originally discussed.
Mr. Vogt advised that there wouldn't be good separation of signals if the
entrance is moved closer to Washington Street which would cause problems
with stacking and traffic congestion. Furthermore, Caltrans is not in favor of
that access point and it would require a reconfiguration of the parking lot and
result in the loss of an access point for the plaza.
In response to Council Member Sniff, Mr. Vogt advised that the signal will not
address the traffic concerns at the Cliffhouse, but he plans to pursue the
concerns related to that area with Caltrans.
Council Member Adolph felt that the additional signal would help slow the
traffic and make exiting the property easier.
Council Member Perkins felt that a bonus for early completion of the traffic
signal should be implemented to keep the businesses from having to wait
another season. He was in favor of expediting the project even if it means
working at night.
A discussion ensued regarding the early ordering of the poles and Mr. Vogt
advised that once Council approves the design and authorizes the project, staff
will order the poles and get Caltrans to inspect them at the factory.
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Ms. Honeywell, City Attorney, advised that an incentive clause already exists
in the contract that mirrors the liquidated damages clause.
Council concurred on proceeding as proposed, including a sidewalk to the west
as an add alternate.
REPORTS AND INFORMATIONAL ITEMS
Planning Commission Minutes Council Member Henderson referred to a comment
in the Minutes in regard to a portion of Miles Avenue in Indian Wells. It was her
understanding that Indian Wells is beginning to consider doing something about Miles
Avenue and she suggested that the City send a letter of support.
Chamber of Commerce Education Committee Council Member Henderson advised
that the Chamber has disbanded the Education Committee.
All other reports were noted and filed.
DEPARTMENT REPORTS
E-2. UPDATE ON THE STATUS OF THE WAL-MART LANDSCAPING.
Council Member Perkins was pleased that there seems to be some progress
with the landscaping problem at Wal-Mart.
A-2. TENTATIVE AGENDA ITEMS FOR FEBRUARY 25TH STUDY SESSION.
Council Member Henderson asked if the meeting with the School District would
be incorporated with one of the Council's Special Study Sessions.
Mr. Genovese, City Manager, advised that staff has not yet received a
response from the School District and noted that their meetings are held on the
same day as the City's regular Council meeting.
In response to Council Member Sniff, Mr. Genovese advised that a discussion
on Proposition 21 8 is scheduled for the March 4th Council meeting.
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In response to Council Member Adolph, Mr. Genovese advised that the
schedule for discussing The Village Plan would be included in the Community
Development Director's Department Report, but the first community meeting
will be held some ti*me in March.-
F-i. TRANSMITTAL OF THE REVENUE & EXPENDITURES REPORT DATED
DECEMBER 31, 1996 FOR THE CITY OF LA QUINTA AND THE LA QUINTA
FINANCING AUTHORITY.
MOTION It was moved by Council Members Sniff/Perkins to receive and file
the Revenue & Expenditures Report dated December 31, 1996. Motion carried
unanimously. MINUTE ORDER NO.97-35.
D-1. TRANSMITTAL OF THE BUILDING & SAFETY DEPARTMENT REPORT.
Council Member Henderson suggested including a welcome to new businesses
located in La Quinta via the new business license report) on the La Quinta
Page in the Palm Desert Post.
Council concurred.
E. COMMUNITY DEVELOPMENT DEPARTMENT.
Council Member Perkins commented on the plain, painted concrete walls going
up in the City and encouraged the Community Development Department to
come up with more innovative designs.
H-i. TRANSMITTAL OF MONTHLY REPORT FOR THE PUBLIC WORKS
DEPARTMENT.
Council Member Henderson understood that the Parks & Recreation
Commission wishes to be involved with the survey regarding the Adams Park
restroom and she supported their involvement. She was concerned that the
consensus seems to be opposed to the restrooms and felt-that it1s a sad
commentary that the City can't have restroom facilities for the community
without being subject to concerns such as abuse taking place in the restrooms.
Mayor Holt suggested the use of pay-restrooms to discourage misuse.
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MAYOR AND COUNCIL MEMBERS* ITEMS None
Council recessed to Rede*eIopment Agency meeting.
Council reconvened and recessed to Closed Session to and until the hour of 7:00
p.m.
CLOSED SESSION
1. Conference with legal counsel pursuant to Government Code Section
54956.9(b)(3)(C), regarding potential litigation.
2. Conference with real property negotiator pursuant to Government Code Section
54956.8, concerning appraised value and direction to proceed with
negotiations relating to properties identified as APN #646-312-001, APN 646-
312-049, and APN 646-312-050 property owned by Roxie Yessayian,
Trustee of the Yessayi.n Family Survivors' Trust.
3. Conference with legal counsel regarding ongoing litigation Equal Employment
Opportunity Commission, Charge #345970207, pursuant to Government Code
Section 54956.9(al.
7:00P.M.
PUBLIC COMMENT None
PUBLIC HEARINGS
1. ZONING ORDINANCE AMENDMENT 96-054 AMENDMENTS TO TITLE 9
ZONING REGULATIONSI OF THE I-A QUINTA MUNICIPAL CODE RELATING TO
VARIOUS CHAPTERS DEALING WITH SUCH ITEMS AS HEIGHT LIMITATIONS,
SETBACKS, HILLSIDE CONSERVATION, BED AND BREAKFAST REGULATIONS,
AND COVE RESIDENTIAL DEVELOPMENT STANDARDS.
The Mayor declared the PUBLIC HEARING OPEN.
Ms. di lono, Planning Manager, advised that the proposed amendments would
clarify and*or revise sections of the new regulations to Title 9 that took effect
on September 6, 1 996. After working with the new code, it was determined
that some sections are unworkable in their present form and that some items
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were not addressed. She advised that upon reviewing the amendments on
January 27, 1 997, the Planning Commission addressed two issues raised by
the public by unanimously recommending the following change*: 1) that a 10-
foot rear-yard setback be allowed for existing lots n the R-L District, but
requiring a 20-f6ot rear-yard setback for lots created after the proposed
ordinance, and 2) that the compatibility review section be changed to include
provisions to review up to four units as a non-public hearing item and that the
minor/major change provisions be placed back in the ordinance.
In response to Council Member Adolph, Ms. di lono advised in reference to
non-residential development standards, particularly set-backs, that perimeter
setbacks must be increased one foot for every foot in building height over 35
feet and that the property line would be considered the right-of-way line.
In response to Council Member Henderson, Mr. Herman, Community
Development Director, advised that Section 9.30.040(C) was changed from
*`over 5,000 sq. ft." to under 7,200 sq. ft.'1 to address the existing 5,000 sq.
ft. lots in the Cove. The minimum size for new lots is 7,200 sq. ft., but a
building permit will still be issued for anything under that size, providing all
other requirements are met.
Council Member Henderson questioned the wording in Section 9.60.070(B)(1)
and Council Member Perkins suggested changing it to read No adjustment to
II
these minimums shall be approved except........
Council concurred.
Council Member Henderson pointed out the potential fire hazard of electrical
appliances being used in guest houses that aren*t allowed kitchen facilities and
suggested that they be approved with kitchens under proper building
standards. She further suggested sending that section back to the Planning
Commission for additional analysis.
Council concurred.
In response to Council Member Adolph, Mr. Herman advised that a detached
building must at least have a breezeway between the walls of the two
buildings.
Council concurred that light strings" should be eliminated from Section
9.60.1 70(B)(6)(f).
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In response to Council Member Henderson, Ms. di lono advised that the
number of children permitted in day care facilities as outlined in Sections
9.60.190(B) & C) was increased by State law. She further confirmed that the
sentence in Section 9.60.210(4) should contain the word shall" and that the
sentence in Section 9.60.250(D) should end with indicators."
In response to Council Member Henderson, Mr. Herman advised that CUP*s can
be conditioned to require bed & breakfasts to record a deed restriction,
clarifying that the CUP does not go with the sale of the property. He further
advised that the intent of the 25%-rental restriction in Section 9.60.280(E)(3)
is to allow small bed & breakfasts and not encourage large-scale commercial
conversions.
In response to Council Member Henderson, Mr. Genovese, City Manager,
advised that transient occupancy tax for bed & breakfasts is reported in the
same manner as hotels and other entities. The proprietor is mailed a report
form and, although, it's on an honor system, the City has the right to audit
their books upon request.
In response to Council Member Henderson, Mr. Herman advised that Section
9.140.040(C)(4)(c) was added specifically for The Tradition development and
that it was previously addressed through conditions of approval. Council
Member Henderson noted that Page 1 50-8 is included twice in the document.
In response to Council Member Adolph, Mr. Herman advised that homes with
four or more bedrooms are required to have three parking spaces in the garage.
However, if the number of bedrooms increase to four or more at a later date,
*he third space is not required unless it increases the value of the home by
50% or more. He advised that some discussion took place after the Planning
Commission hearing about the possibility of basing the parking space
requirement on the square footage of the home, but it was also noted that a
large home may only have two bedrooms and not need three parking spaces.
He advised that staff would continue to look at this and try to catch such
instances as projects are reviewed, such as not allowing homes to be built with
a fourth room as an option for a bedroom or*a bonus room.
Council Member Adolph felt that the major concern was insufficient parking on
cul-de-sacs.
Mr. Herman advised that in such instances, the projects are conditioned to
have large enough driveways to accommodate four cars. He further advised
that under the new ordinance, a three-bedroom house with a bonus room
would be required to have a three-car garage.
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There being no one else wishing to speak, the Mayor declared the PUBLIC
HEARING CLOSED.
In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised
that Council could go ahead and approve the ordinance without the section on
guest houses and approve that section at a later date.
Mr. Herman recommended that the ordinance be adopted as is and that the
section on guest houses be presented to the Planning Commission for review
and possible revision. He advised that the RV section would also be addressed
at a later*date.
MOTION It was moved by Council Members Sniff/Adolph to take up
Ordinance No.299 by title and number only and waive further reading*.
ORDINANCE NO.299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING AND ADDING TO THE LA QUINTA MUNICIPAL
CODE TITLE 9.
It was moved by Council Members Sniff/Henderson to introduce Ordinance No.
299 on first reading. Motion carried by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None
Council recessed to Closed Session as delineated on Page 23.
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.
Respe ully submitted,
S DRA L. JU OLA1 City Clerk
City of La Quinta, California
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