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1997 10 07 CC Minutes^0 II LA QUINTA CITY COUNCIL MINUTES OCTOBER 7, 1997 Regular meeting of the La Quinta City Council was called to order at 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 Seth Etinger, 78-720 Avenida La Fonda, spoke regarding the surface water run-off problem at Calle Rondo, noting that the water comes from The Citrus property on the east side of the wall on Washington Street. He distributed photographs of the area and stated that he felt it's a health problem as well as an eyesore. He asked that a discussion of the problem be scheduled for the first City Council meeting after the election. Mr. Genovese, City Manager, advised that staff could schedule it as a study session item on November18, 1997. Council concurred and asked staff to investigate the situation prior to that date. Robert Tyler, 44-215 Villeta Drive, spoke regarding the School District's recent recommendation to add a new middle school in North La Quinta, but not an elementary school and advised that he didn't understand how an unbiased study could come to such a conclusion given the number of children in the area. He was concerned that the children will end up being bussed to other communities in the future if an elementary school is not provided and urged Council and staff to take the steps necessary to influence the School District's decision on this matter. Mayor Holt agreed and advised that the School District is doing some preliminary work on this issue which staff would share with him. Council Member Henderson urged Mr. Tyler to present his concern to the School Board also. Council Member Adolph stated that he was surprised with the District's recommendation as well. BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I City Council Minutes 2 October 7, 1 997 CONFIRMATION OF AGENDA Council Member Perkins advised that he wished to add a discussion item under Mayor and Council Members' Item regarding political signs. Council Member Henderson asked that Consent Calendar Item Nos. 4, 5, and 7 be moved to the Business Session. MOTION It was moved by Council Members Sniff/Adolph to add a discussion on political signs under Mayor and Council Members Items and to move Consent Calendar Item Nos. 4, 5 and 7 Agreement for Law Enforcement Services, Professional Services Agreement for Field Inspection Services, and Amendment to the Professional Services Agreement for the Pavement Management System) to Business Session Item Nos. 5, 6, and 7. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of September 1 6 and 23, 1 997 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mr. Don Martin, General Manager of the Coachella Valley Recreation & Park District, presented plaques to the City Council, Mayor Holt, and Captain Dye in appreciation for their support of the District's reassessment efforts. WRITTEN CORRESPONDENCE 1. LETTER FROM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY REGARDING CIGARETTE AND ALCOHOL BILLBOARDS NEAR SCHOOLS. Received and filed. 2. LETTER FROM CITY OF TEMECULA REGARDING A PRINCESS DIANA MEMORIAL. Received and filed. BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I, City Council Minutes 3 October 7, 1 997 3. LETTER FROM LAWRENCE BEST RESIGNING FROM THE PARKS & RECREATION COMMISSION. Council concurred on directing staff to send a letter of appreciation to Mr. Best for his service on the commission. BUSINESS SESSION 1. CONSIDERATION OF PROVIDING A CITY-SPONSORED HOLIDAY CONCERT. Mr. Hartung, Building & Safety Director, advised that Mr. Martin Langer, Director of Coast Concert Management, has presented a proposal to the City regarding a City-sponsored holiday concert and has suggested December 1st as a tentative date and the La Quinta Middle School amphitheater as a possible location. He advised that the school facility is available and that the estimated cost of the concert is $5,000 which would come from the General Fund Reserve Account. Three concerts were held at the school in 1 994, in conjunction with Community Concerts of La Quinta, but had somewhat limited success and were not continued due to low participation. Council Member Sniff advised that we support the Community Concerts Association, but he was reluctant to support this concert. He felt it should be considered next year. Council Member Adolph was concerned how the weather would affect the attendance at an outdoor concert. Martin Langer, 49-994 El Circulo, Director of Coast Concert Management, agreed that weather was a problem at the last concert, but felt it would be different this time and that it's a window of opportunity, noting that the band would not be charging their regular fee of $10,000 since they would be traveling through the area. He believed the concert playing international Christmas music would bring the community together and suggested planning it for the school auditorium and then move it outdoors if the weather permits. Council Member Henderson felt it would be a plus if the City could provide a free concert at Christmas time, but was concerned about having it on a Monday evening and having enough prior notice to get the attendance out. She advised that she would strongly support trying to schedule it in the spring, but was opposed to funding it out of the General Fund Reserve Account, noting that Council has made a very significant effort to get the fund to its current level. She felt if the proposal had come earlier, that it could potentially have been BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0City Council Minutes 4 October 7, 1 997 coordinated with a public outreach effort for the collection of telephone books, etc., and funded from the AB939 Fund. Council Member Adolph agreed the proposal came too late, noting that Council just recently agonized over the distribution of the grant funds, and advised that he, too, was opposed to pulling the funds out of the General Fund Reserve Account. Council Member Perkins felt it's an excellent program and that it wouldn't conflict with any of the other programs in the City. However, he questioned the amphitheater being large enough to handle it and advised that he would support it 1 00% if there was another funding source available other than the General Fund Reserve Account. Mayor Holt supported trying to do something in the spring, but felt for the same reasons already stated, that it shouldn't be done at this time. Council Member Henderson wished to see staff directed to continue working with Mr. Langer and felt the Cultural Commission should be included as well. Council Member Sniff felt the door should be kept open and agreed that any future proposal should be reviewed by the Cultural Commission. He also felt that any future proposal should be submitted early enough to be considered during the budget or grant process. Council Member Henderson noted that Mr. Langer has already submitted the proposal to the Cultural Commission, but felt perhaps he could work with them to lay the groundwork for next year. MOTION It was moved by Council Members Henders6n/Sniff to direct the Cultural Commission to work with Mr. Langer and continue to review and work with him on future concerts. Motion carried unanimously. MINUTE ORDER NO. 97-151. 2. CONSIDERATION OF PURCHASE OF A PLAQUE RECOGNIZING SPONSORS FOR THE CITY'S TENTH ANNIVERSARY CELEBRATION. Mrs. LiCalsi, Senior Management Assistant, advised that after the City's tenth anniversary, the Tenth Anniversary Committee returned $20,000 to the City with a recommendation that a portion be used for a lasting gift to commemorate the event. Staff recommended that a plaque, featuring the Tenth Anniversary logo and the names of businesses and individuals donating $1 000 or more to BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I City Council Minutes 5 October 7, 1 997 the event, be placed in the main lobby at City Hall. Two design options for the 4' X 4' plaque were presented as follows: 1) a painted and baked ceramic tile at an estimated cost of $3,600, or 2) a mosaic tile pattern, with the same graphic design, at an estimated cost of $9,000. She advised that installation costs would be $500. In response to Mayor Holt, Mrs. LiCalsi advised that design #1 is like the plaques that were presented to the Tenth Anniversary Committee members and other individuals helping with the event, except with written information. Design #2 would be a mosaic pattern, consisting of small tiles put together to make a design and would be more costly to install. Council Member Henderson advised that she didn't have a problem with what was being brought forward, but questioned why it wasn't done during the budget process. She felt instead of funding it from the General Fund Reserve Account, that it should be set aside and considered during the 1998/99 budget hearings, pointing out that Council just discussed their concerns about using the General Fund Reserve Account under Business Session Item No.1). Mr. Falconer, Finance Director, clarified that this issue differs from the previous discussion in that the $20,000 was deposited into the General Fund five years ago. Council Member Henderson said she wouldn't have a problem with it if it's in the General Fund as a budgeted item, but felt if it's in the General Fund Reserve" Account that it should be handled next year during the budget hearings. In response to Council Member Adolph, Mrs. LiCalsi confirmed that $20,000 was deposited in the General Fund specifically for this purpose and noted that the Civic Center wasn't completed when the funds were deposited. Council Member Sniff read the motion from the minutes of June 16, 1 992, and advised that he felt Council had made a commitment to acknowledge the donors. He didn't see the expenditure as a raid on the General Fund because the money was deposited there to be used for that purpose. Council Member Perkins didn't understand why it hadn't been brought forward before, noting that it's the first time he's heard about it since he's been on the Council. He couldn't support dipping into the General Fund Reserve Account regardless of the funds being deposited there for some specific purpose and felt it should be budgeted next year. He advised that if he's still on the Council, he BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I City Council Minutes 6 October 7, 1 997 would probably support it next year, but felt it*s the wrong time, place, amount, and reason at this time. Council Member Henderson agreed the donors should be recognized, but felt the proposal was received too late for this year, just as Mr. Langer's proposal was received too late and felt sure it would be at the top of the list for next year. She advised that she was unaware that any of the General Fund Reserve Account was earmarked for this purpose or any other purpose. In response to Council Member Sniff, Mrs. LiCalsi confirmed that each of the donors had contributed $1,000 or more in cash or in-kind services to the event. Mr. Genovese, City Manager, advised that a special fund for this amount would not normally be set up. He further advised that the funds were set aside to be used upon the completion of City Hall, but a number of administration changes have taken place. Mayor Holt felt the project had just fallen through the cracks, but didn't see any problem with considering it during budget hearings next year since there are some concerns on the part of some of the Council. Council Member Adolph advised that he fully supports the proposal, but he, too, didn't see a problem with delaying it another six months since it*s already been delayed for five years. MOTION It was moved by Council Members Sniff/Henderson to continue consideration of the Tenth Anniversary Plaque to the 1998/99 budget process. Motion carried unanimously. MINUTE ORDER NO.97-152. 3. CONSIDERATION OF AUTHORIZATION TO AWARD A CONTRACT FOR FRITZ BURNS PARK IMPROVEMENTS, PROJECT 97-07, TO LOWEST RESPONSIBLE BIDDER. Mr. Vogt, Public Works Director, advised that' on July 1, 1 997, Council approved the design concept for the Fritz Burns Park Improvements and authorized staff to proceed with the final design and bid documents. He advised that the design consultant and staff met with the Parks & Recreation Commission to review the bid and add-alternates in order to bring the project within budget. Included in the base bid is the playground equipment, tot lot with sidewalk and curbing, resurfacing of six tennis courts, and conversion of two tennis courts into roller-hockey rinks and the add-alternates consist of a shade structure, tennis court fencing, rubberized play matting, roller hockey rink BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I * City Council Minutes 7 October 7, 1 997 dasher boards, tubular steel fencing and shrubbery, high-strength roller decking surface, and play area concrete walks. There*s approximately $127,500 remaining in the budget for the project. Two bids were received, but came in above the engineer*s estimate with the lowest bid being $169,400. The alternatives presented to Council were: 1) reject all bids and rebid the projects separately; 2) reject all bids and incorporate this project into the Fritz Burns Pool Project which may result in better costs, but would delay the improvements and make a design/build contract for the pool extremely difficult; or 3) transfer $59,000 from the Infrastructure Fund to compensate for the shortage of funds and award the base bid only. Council Member Adolph noted that the tennis courts are in bad shape and asked if they pose a liability threat. Mr. Vogt wasn't sure how dangerous they are, but felt their condition has kept them from being used. In response to Council Member Henderson, Mr. Vogt advised that approximately $27,000 of the contract would be for resurfacing of the tennis courts and conversion of two courts to roller hockey, but to move forward with that portion would require going back out to bid because it would substantially change the scope of the contract. Council Member Henderson advised that she supported going back out to bid for the tennis courts and roller hockey rinks, but couldn't support using Infrastructure Funds to complete the rest of the project. Mayor Holt noted that the entire project or portions of it could be rebid. In response to Council Member Perkins, Mr. Vogt stated that the base bid could be awarded without the add-alternates. Further, he wasn*t sure there would be any warranty on the resurfacing beyond one year and would have to look into it. Council Member Perkins advised that his experience has been that resurfacing of tennis courts doesn't work and he suggested repairing or closing them. He was concerned about the City's liability in regard to the tennis courts and suggested moving forward with the base bid. In response to Council Member Sniff, Mr. Vogt advised that awarding the base bid would cover the tot lot and regular playground equipment and play areas, resurfacing of six tennis courts, and conversion of the two remaining tennis BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0City Council Minutes 8 October 7, 1 997 courts to roller hockey rinks. It would also include all necessary grading, hardscape, planting, and irrigation. MOTION It was moved by Council Members Sniff/Perkins to authorize a transfer of $59,000 from the infrastructure account to the Fritz Burns Park Improvement Account and award a contract for construction of Fritz Burns Park Improvements, Project No.97-07, in the amount of $169,400 to Zaino Tennis Courts, Inc. In response to Council Member Adolph, Mr. Vogt advised that Zaino would subcontract any work they're not licensed to do or have the expertise to perform. In order to rebid the playground portion of the project, it would be necessary to rebid the tennis court resurfacing as well in order to give everyone a fair chance on the contract under the new parameters. Council Member Adolph felt it makes more sense to have the tennis courts resurfaced and the playground equipment installed by experts in each individual field. Mr. Vogt pointed out that larger projects with more items usually get a better price. In response to Council Member Perkins, Mr. Vogt advised that it would take about 1 Y2 months to rebid the project and approximately two months to award a contract and be under construction. Council Member Henderson would support moving forward with the project now if it could be completed for the holidays, but noted that wouldn't be done until January and that*there's a lot coming before Council over the next few months that could be greatly impacted by the El Nino weather conditions. She felt separating the contract into two parts might make it easier for smaller contractors to comply with bonding requirements and suggested rebidding the project a second time. Council Member Sniff didn't support delaying the project and felt it's time to move forward and make the park functional. Mayor Holt advised that she would support the motion. Motion carried with Council Members Adolph and Henderson voting NO. MINUTE ORDER NO.97-153. BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0City Council Minutes 9 October 7, 1 997 4. SECOND READING OF ORDINANCES ORDINANCE NO.308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 97-083 RM TO TC RSP) AND RL TO TC RSP)). It was moved by Council Members Sniff/Henderson to adopt Ordinance No.308 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None ORDINANCE NO.309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.85 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. It was moved by Council Members Henderson/Adolph to adopt Ordinance No. 309 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 5. CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE COUNTY OF RIVERSIDE. There were no changes to the staff report as submitted to the City Council by the Building & Safety Department and on file in the City Clerk's Department. Council Member Henderson believed the City has received excellent law enforcement services and felt such a significant contract deserves recognition. Captain Dye, of the Sheriff's Department, advised that no staffing increases are proposed and that they would continue to maintain three deputies on patrol at BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I * City Council Minutes 10 October 7, 1997 all times in addition to the two-person target team, school resource officer, and community service officer. Council Member Sniff agreed that it's a significant contract and felt the City was fortunate to have such a good, positive working relationship with the Sheriff*s Department who has done a good job maintaining a safe environment. Mayor Holt also expressed her appreciation and noted that the target team has been focusing on crime in the Cove area. In response to Council Member Sniff, Captain Dye advised that a report on the disposition and resolution of criminal actions are provided to Council on an annual basis. Council Member Perkins stated that he feels the City couldn*t have a better law enforcement agency and he appreciates the City*s relationship with them. He felt it's important for residents to know that additional back-up beyond the three deputies, is available should it be needed and asked how much back-up assistance is available. Captain Dye advised there would be a minimum of two deputies from the County and up to 1 5 deputies from the Palm Desert station as well as a number of off-duty officers that could be called in. MOTION It was moved by Council Members Sniff/Henderson to approve the agreement for law enforcement services between the City of La Quinta and the County of Riverside. Motion carried unanimously. MINUTE ORDER NO.97- 154. 6. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO PROVIDE FIELD INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS DURING FISCAL YEAR 1997198. There were no changes to the staff report as submitted to the City Council by the Public Works Department and on file in the City Clerk's Department. Council Member Henderson advised that her previous concerns have been answered by the distribution of the Professional Services Agreement. Council Member Adolph advised that he couldn't support this agreement because it includes the traffic signal at Avenue 48/Washington Street. BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I * City Council Minutes 11 October 7, 1 997 MOTION It was moved by Council Members Sniff/Henderson to authorize the City Manager to execute a Professional Services Agreement with the firm of Hernandez, Kroone, and Associates in an amount not to exceed $131,200 for Fiscal Year 1 997/98 capital improvement projects field inspection services. Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO. 97-155. 7. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE PAVEMENT MANAGEMENT SYSTEM PROFESSIONAL SERVICES AGREEMENT TO INCLUDE RESIDENTIAL STREETS FOR A COST NOT TO EXCEED $20,000. There were no changes to the staff report as submitted to the City Council by the Public Works Department and on file in the City Clerk's Department. In response to Council Member Henderson, Mr. Vogt advised that staff is recommending that only 700 street signs for the arterial streets be included in the contract. This will cut the cost of the contract and since, under the contract, Berryman & Henigar will be training staff, staff will be able to complete the balance of the signs as part of their in-house training. Council Member Henderson advised that she was disappointed that Berryman & Henigar hadn't photographed the signs while they were preparing the street inventory. Council Member Perkins advised that there's no street sign at Adams Street and Westward Ho Drive. MOTION It was moved by Council Members Henderson/Sniff to approve an amendment to the Pavement Management System Professional Services Agreement to include residential streets for an amount not to exceed $20,000. Motion carried unanimously. MINUTE ORDER NO.97-156. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 7, 1997. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY EDDIE FRANCO, DATE OF LOSS, AUGUST 21, 1997. BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 J City Council Minutes 1 2 October 7, 1 997 3. APPROVAL OF OVERNIGHT TRAVEL FOR ONE BUILDING AND SAFETY INSPECTOR TO ATTEND THE CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE, MISSION INN, RIVERSIDE, OCTOBER 20-23, 1997. 4. SEE BUSINESS SESSION ITEM NO.5. 5. SEE BUSINESS SESSION ITEM NO.6. 6. APPROVAL OF AN ENCROACHMENT PERMIT ISSUED TO KSL RECREATION CORPORATION, AUTHORIZING A GOLF CART CROSSING ON PARK AVENUE. 7. SEE BUSINESS SESSION ITEM NO.7. 8. APPROVAL OF AN AGENCY-STATE AGREEMENT TO PROVIDE SURFACE TRANSPORTATION PROGRAM STP) FUNDING TOWARD DUNE PALMS ROAD AT WHITEWATER CHANNEL PROJECT NO.97-06. 9. ADOPTION OF A RESOLUTION DECLARING INTENTION TO VACATE A PORTION OF PUBLIC UTILITY EASEMENTS LOCATED IN THE LA QUINTA GOLF ESTATES, UNIT NUMBER 1, CASE NO.97-035. MOTION It was moved by Council Members Henderson/Adolph to approve the Consent Calendar as amended and recommended with Item No. 9 being approved by RESOLUTION NO.97-82. Motion carried unanimously. MINUTE ORDER NO.97-157. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS SunLine Transit Agency/SunLine Services Group Council Member Adolph reported on his recent attendance at the SunLine Gala celebrating their anniversary. All other reports were noted and filed. BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I City Council Minutes 1 3 October 7, 1 997 DEPARTMENT REPORTS A-2. TENTATIVE AGENDA ITEMS FOR THE OCTOBER 28,1997 STUDY SESSION AT 1:30PM. Mr. Genovese, City Manager, advised that the presentations by Cal Poly and Catellus Housing have not yet been confirmed. A brief discussion ensued regarding the CVWD hearing and Council concurred on rescheduling it for the evening session of October 21 * In response to Council Member Henderson, Mr. Herman, Community Development Director, advised that the businesses and property owners in The Village would be notified of the Cal Poly presentation. C. MURAL DEDICATION AT LA QUINTA CAR WASH. Mrs. Juhola, City Clerk, advised that the mural dedication at the La Quinta Car Wash would be held on October 30, 1 997, at 4:00 p.m. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING POLITICAL SIGN REGULATIONS. Council Member Perkins noted his opposition to the posting of campaign signs and Council's recent action to control them by issuing stickers and limiting them to being posted 200 feet apart. He advised that he resents candidates, and especially Council Members, having signs that aren't registered and are too close, noting that Council Member Sniff has a number of signs along Fred Waring Drive without stickers and two across from the Post Office that don't have stickers and are approximately 20 feet apart. He felt Council Member Sniff should abide by the law. Council Member Sniff advised that his signs have stickers and that he understood two could be placed on the corner of private property, one on each street, without being 200 feet apart. Mayor Holt asked the City Attorney to review the regulations and provide Council with a written report to clear up any misunderstandings. BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02 ^0 I, City Council Minutes 14 October 7, 1 997 Council Member Sniff advised that he only has 46 signs posted and that if there*s a problem with his signs across from the Post Office, he will correct it. Council Member Adolph noted that there were signs on all four corners of Avenue 52 and Jefferson Street, but may since have blown away. Council Member Sniff advised that they have been removed. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to Closed Session. CLOSED SESSION Mayor Holt abstained from participating in Case Nos. INC 000492 and INC 002131 of Item No.1 as she has consistently done in the past. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation: Stamko Development Co. Case No. INC 000492 County of Riverside, Case No. INC 002131 KSL/J. M. Peters, Case No.002597 2. Conference with legal counsel pursuant to Government Code Section 54956.9(b)(3)(c) regarding potential litigation one case). Council reconvened with the City Attorney announcing that the City Council took action under Government Code Section 54956.9(a) to direct that an interim settlement agreement with KSL entitled *`Agreement Regarding Perimeter Wall, Landscaping, and Building Permits" may be executed by the City Manager subject to the City Attorney's final negotiation and approval of legal issues. The vote was unanimous. There being no further business, the meeting was adjourned. Respec Ily submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 12-02-1997-U01 11:50:38AM-U01 ADMIN-U01 CCMIN-U02 10-U02 07-U02 1997-U02