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MINUTES
DECEMBER 15, 1998
Regular meeting of the La Quinta City Council was called to order at the hour of
2:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance.
PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
ABSENT: None
PUBLIC COMMENT None
Council recessed to Closed Session to and until the hour of 3:00 p.m.
CLOSED SESSION
1. Conference with labor negotiators, Ski Harrison, Tom Hartung, and John
Falconer, regarding negotiations with the La Quinta City Employees Association
pursuant to Government Code Section 54957.6 Meet and Confer Process.
2. Conference with legal counsel pursuant to Government Code Section
54956.9(c) potential litigation two cases).
Council reconvened with no decision being made which requires reporting pursuant to
Section 54957.1 of the Government Code Brown Act).
3:00 P.M.
PUBLIC COMMENT None
CONFIRMATION OF AGENDA
Mr. Genovese, City Manager, advised of the need to add an item to the Consent
Calendar Item No.21) for consideration of a resolution granting conditional approval
of a parcel map for Tract 29084 Stamko), noting that the need arose after the posting
of the agenda.
Mayor Pena asked that Consent Calendar Item Nos. 6 project management services
for auto mall Stamko), 8 Tract 28470-3 Tradition Club Associates, and 10 Tract
28867 Tradition Club Associates) be pulled for separate action, due to a conflict of
interest.
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Council Member Adolph asked that Consent Calendar Item Nos. 8 Tract 28470-3
Tradition Club Associates) and 1 9 traffic warrant study) be moved to Business
Session Item Nos. 8 and 9.
MOTION It was moved by Council Members Sniff/Adolph to add Consent Calendar
Item No.21 resolution granting conditional approval of a parcel map for Tract 29084
Stamko Development), as the need to take action arose after the agenda was posted
and because action is required before the next meeting. Motion carried with Mayor
Pena ABSTAINING.
APPROVAL OF MINUTES
MOTION It was moved by Council Members Sniff/Adolph to approve the City Council
Minutes of November 17, 1 998, as submitted. Motion carried unanimously.
MOTION It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of December 1, 1 998, as submitted. Motion carried unanimously.
ANNOUNCEMENTS None
PRESENTATIONS None
WRITTEN CORRESPONDENCE None
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 15, 1998.
2. TRANSMITTAL OF TREASURER'S REPORT DATED OCTOBER 31, 1998, FOR
THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY.
3. REVIEW AND APPROVAL OF ANNUAL REVIEW OF HOME DEPOT
DEVELOPMENT AGREEMENT.
4. ADOPTION OF RESOLUTION ESTABLISHING A COMPENSATION POLICY FOR
CITY BOARDS, COMMISSIONS, AND COMMITTEES.
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5. AUTHORIZATION OF EXPENDITURE OF ART IN PUBLIC PLACES FUNDS FOR
WINTERISPRING PUBLIC ART BROCHURE.
6. APPROVAL OF AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WITH NICKERSON, DIERCKS & ASSOCIATES TO PROVIDE PROJECT
MANAGEMENT SERVICES FOR THE LA QUINTA AUTO MALL STAMKO). See
action taken below.)
7. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT 28738, BROOKFIELD HERITAGE, INC.
8. SEE BUSINESS SESSION ITEM NO.8.
9. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 28118, PGA
WEST.
10. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 28867, TRADITION
CLUB ASSOCIATES. See action taken below.)
11. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS FOR AVENUE 48 REIMBURSEMENT FROM
DUNE PALMS ROAD TO JEFFERSON STREET.
12. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS FOR AVENUE 48 FROM WASHINGTON
STREET TO DUNE PALMS ROAD.
13. ACCEPTANCE OF GRANT OF EASEMENTFOR PROJECT 98-13, VARIOUS
CITYWIDE SIDEWALK AND BUS TURNOUT IMPROVEMENTS.
14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR SENIOR CENTER
SUPERVISOR TO ATTEND THE ANNUAL CPRS CONFERENCE IN SANTA
CLARA, CALIFORNIA.
15. REQUEST FOR PROPOSALS FOR THE CONSTRUCTION OF THE COMMUNITY
GARDEN SITE.
16. APPROVAL OF AWARD OF CONTRACT TO KORVE ENGINEERING FOR
PROFESSIONAL ENGINEERING SERVICES TO DESIGN PHASE V STREET
IMPROVEMENTS.
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17. APPROVAL OF AWARD OF CONTRACT TO KEITH INTERNATIONAL, INC. TO
PROVIDE DESIGN SERVICES FOR THE AVENUE 50 OVERLAY PROJECT.
18. APPROVAL OF CONTRACT CHANGE ORDER NO.1 FOR PROJECT 98-13,
VARIOUS CITYWIDE SIDEWALK AND BUS TURNOUT IMPROVEMENTS.
19. SEE BUSINESS SESSION ITEM NO.9.
20. APPROVAL OF ADDITIONAL PROGRAMS FOR WINTER/SPRING SESSION.
21. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
PARCEL MAP FOR TRACT 29084 STAMKO. See action taken below.)
MOTION It was moved by Council Members Sniff/Adolph to approve the
Consent Calendar as recommended and amended with the exception of Item
Nos. 6, 10, and 21 and with Item No.4 being approved by RESOLUTION NO.
98-143. Motion carried unanimously. MINUTE ORDER NO.98-191.
Item No. 6:
MOTION It was moved by Council Members Sniff/Perkins to approve Consent
Calendar Item No.6 Professional Services Agreement with Nickerson, Diercks
& Associates for the auto mall) as recommended. Motion carried with Mayor
Pena ABSENT. MINUTE ORDER NO.98-192.
Item No.10:
MOTION It was moved by Council Members Sniff/Adolph to approve Consent
Calendar Item No.10 Tract 28867-Tradition Club Associates) as recommended
by RESOLUTION NO.98-144. Motion carried with Mayor Pena ABSENT.
MINUTE ORDER NO.98-193.
Item No.21:
MOTION It was moved by Council Members Sniff/Adolph to approve Consent
Calendar Item No.21 Parcel Map for Tract 29084-Stamko) as recommended
by RESOLUTION NO.98-145. Motion carried with Mayor Pena ABSENT.
MINUTE ORDER NO.98-194.
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BUSINESS SESSION
1. CONSIDERATION OF REVISED FISCAL YEAR 1998199 MARKETING PLAN.
Mr. Weiss, Assistant City Manager, advised that the proposed marketing plan
has been modified to comply with the City's budget parameters. The amended
budget of approximately $128,000 is included in the staff report. He advised
that in general, the revised marketing plan includes a Dine La Quinta" program,
a Business Attraction" program, and a Parade of Homes" program. The
Shop Local" program has been de-emphasized.
Council Member Henderson was willing to support the plan, but continued to
be somewhat skeptical about direct mailings and wished to have something
come back that supports that type of effort.
Scott Kiner, of Kiner Goodsell Advertising, Inc., advised that direct mailings
have been scaled back and they will be looking for alternate methods.
In response to Council Member Adolph, Mr. Kiner advised that an economic
development ad has already been prepared for the January issue of the Inland
Empire Business Journal, and they've received approval to do the voice over on
the Historical Society video at no charge to the City.
Council Member Sniff wished for the Council to be informed when certain things
such as TV commercials are scheduled to run so the Council can evaluate them
and maybe suggest mid-course corrections if needed.
Mr. Kiner advised that a lot of the materials will hit the media during the week
of the Bob Hope Chrysler Classic event. Some promotion has already been
released regarding La Quinta being the fastest growing city in the State in 1 997.
In response to Council Member Perkins, Mr. Kiner advised that they plan to
provide Council with an update every two weeks.
In response to Mayor Pen a, Mr. Kiner advised that they have already contacted
Media One regarding public access time.
MOTION It was moved by Council Members Sniff/Adolph to approve the
revised FY 1998/99 Marketing Plan as submitted by KinerlGoodsell Advertising,
Inc. and authorize staff to prepare appropriate budget accommodations. Motion
carried unanimously. MINUTE ORDER NO.98-195.
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2. CONSIDERATION OF COACHELLA VALLEY ECONOMIC PARTNERSHIP CVEP)
MEMBERSHIP.
Mr. Weiss, Assistant City Manager, advised that on December 1, 1 998, the
Council considered correspondence from Coachella Valley Economic Partnership
CVEP) in regard to CVEP Executive membership, and requested additional
information. He advised that CVEP's articles of incorporation, by-laws, and
FY 1 998/99 budget are contained in the staff report.
Michael Bracken, 73-710 Fred Waring Drive, Suite 205, Palm Desert, Executive
Director of Coachella Valley Economic Partnership, advised that CVEP was
created in 1 994 as a public/private partnership with the basic concept in mind
that no matter where a job is created in the Coachella Valley, if it diversifies the
economy and expands businesses, it benefits the entire region. Other
jurisdiction memberships consist of lndio, Coachella, Palm Desert, Indian Wells,
and Riverside County, and it's under consideration by Desert Hot Springs. He
then gave a brief review of their budget.
In response to Council Member Adolph, Mr. Bracken advised that any
public/private partner that contributes $5,000 is automatically placed on the
Board of Directors and is allowed one vote. The Executive Board, which
consists of the President, Vice President, Secretary, and Treasurer are selected
from the Board of Directors.
In response to Council Member Henderson, Mr. Bracken advised that a number
of partners have contributed more than $5,000. SunLine has agreed to
contribute $15,000, in addition to funding a full-time clerical position. A one-
time contribution of $35,000 was made by CVAG in October 1 998 for
consultant services relative to Project 20/20 planning. They are entitled to a
seat on the Board, but have not exercised that right. CVAG's Executive
Director, Corky Larson, has served only as an advisory member.
Council Member Henderson asked if CVAG's contribution was a Board decision,
and Mr. Bracken advised that he didn't know. She noted that the City has
funded CVEP in the past, and that the funding was removed this year because
of the Executive Director's resignation and not having a sense of the direction
of the organization.
In response to Council Member Henderson, Mr. Bracken advised that they've
identified three core industries resort equipment manufacturers, i.e. golf and
tennis equipment, alternative fuel research and development, and medical
manufacturing supplies and distribution), and two long-term projects cleanup
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and restoration of the Salton Sea and development of a four-year university
campus in the valley).
Council Member Henderson asked how they would handle a situation where
CVEP and the City both have the same lead, and Mr. Bracken advised that they
would not recommend any particular city or jurisdiction to a client; their job is
to sell the region. He advised that their region is the same as CVAG's, without
Blythe, and that it does not extend to the pass area. As for any conflicts of
interest, he didn't see any potential for a conflict relative to the City in which
he lives.
In response to Council Member Sniff, Mr. Bracken advised that CVAG does not
have a vote and serves as an advisory member only. The $35,000 contribution
was for specific consulting services that CVEP provided to CVAG.
In response to Mayor Pena, Mr. Bracken advised that SunLine does have a vote,
but they haven't selected a representative yet, and Mayor Pena stated that he
didn't recall it coming before the SunLine Board.
In response to Council Member Sniff, Mr. Bracken advised that leads are given
to the appropriate contact at each city.
Council Member Sniff was concerned somewhat about joining an organization
that he felt hasn't taken shape yet, and questioned their budget income
projections.
Mr. Bracken advised that Coachella's contribution of $2,500 in December 1 998,
bought them a six-month membership, and their one-year renewal for $5,000
is projected in July 1 999. The six-month membership allowed them to get on
their regular fiscal year cycle. He said that he's trying to get CVEP's budget on
the same fiscal year cycle that the cities are on. Each member that contributes
a minimum of $5,000 annually receives one vote. He advised that the six-
month membership option is also available to La Quinta.
Council Member Sniff felt the Council should indicate an interest in the
membership and direct staff to include it in the 1 999/2000 budget process.
* In response to Mayor Pena, Mr. Bracken further reviewed their budget, and
advised that it's important that the City buy into the concept of regional
economic development if it becomes a partner in CVEP.
Mayor Pena asked about the City's liability under CVEP's by-laws, to which
Ms. Honeywell, City Attorney, responded that she would need to review them.
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Council Member Perkins agreed that the budget is somewhat confusing, and
commented on the use of General Fund Reserves to fund the membership.
In response to Council Member Perkins, Mr. Bracken advised that a $2,500 six-
month membership would place the City on the Board of Directors until June
30, 1999. That's the same option given to Coachella and lndio, and it will give
the City an opportunity to evaluate the value of their membership.
Council Member Perkins expressed some concern about potential conflicts,
noting that the City has just hired a marketing consultant and contributes quite
heavily to the Chamber of Commerce for similar services. However, he
supported a six-month membership and placing it in the budget for next year.
Council Member Henderson didn't have a problem using the General Fund
Reserves for a six-month membership, noting that $2,000 for CVEP was
removed during the budget process last year. She believed the effort is
worthwhile, but wasn't sure how many efforts are needed.
Council Member Sniff suggested that the Council indicate an interest and direct
staff to include a full membership in next year's budget. He questioned
spending $2,500 for something uncertain and possibly in competition with the
City's own marketing efforts. He didn't see this as an urgent matter, and
wished for the City Attorney to have an opportunity to review the by-laws.
Mayor Pena was comfortable with approving $2,500 in January, noting that
that would give the City Attorney time to review the by-laws. He preferred
being a participant in helping to write the organization and to move it in a
positive direction. Council can then decide in July if a full membership would
be beneficial.
Council Member Adolph agreed with Mayor Pena in regard to being a part in
establishing the organization's direction. He felt the key element is that the City
now has KinerZGoodsell, the Chamber, and the Palm Springs Desert Resorts
Convention & Visitors Bureau, all working directly, or indirectly, on economic
development. He supported a six-month membership to provide an opportunity
for the City to see if they want a full membership.
Council Member Henderson stated that she understood and expected from the
beginning that the private sector would be involved at a higher level than public
agencies, and she supported a six-month membership.
Council Member Sniff stated that he would agree with a six-month membership.
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MOTION It was moved by Council Members Sniff/Henderson that the Council
indicate its interest and support and authorize a six-month membership and
direct staff to include this item in the FY 1 999/2000 budget process and that
any issues relative to insurance that are included in the by-laws be based on the
approval of the City Manager and City Attorney. Motion carried unanimously.
MINUTE ORDER NO.98-196.
Council Member Sniff suggested that the matter of appointing the CityZs
representative on the Board be agendized for the next Council meeting and that
the representative be a Council Member.
3. CONTINUED CONSIDERATION OF RESOLUTION APPROVING THE REVISED
POLICY AND APPLICATION PROCESS FOR FORMATION OF LAND-BASED
FINANCING DISTRICTS.
Mr. Falconer, Finance Director, reviewed the modifications as proposed by staff
to the policy and application process for formation of land-based developer-
driven) financing districts as follows: 1 00% concurrence of property owners
in the proposed district; minimum financing amount of $2 million of net bond
proceeds; and a minimum of 50% of public improvements must be dedicated
to the City. He advised that staff has met with the BIA, and that they have
agreed to support the proposed modifications if residential" is deleted.
Dennis Cunningham, 45-540 Desert Fox Drive, noted that one of the reasons
for the City being the fastest growing City in the State in 1997 is because the
developers built projects that had become insolvent during the recession and
that had a lot. of infrastructure already in place. He advised that assessment
districts are not an issue about profitability fQr the builders. They are necessary
because of the front-end load costs for the required infrastructure. He
suggested the Council refer the proposed policy to a committee of builders for
in-depth discussions.
Ernest Vincent, 1 535 South D Street, San Bemardino, Vice President of
Century-Crowell Communities, referred to their letter dated December 1 5,
1 998, which contains a four-point summary of what they feel are the essential
elements of the policy as proposed. They believe the proposed policy should
be modified to provide greater flexibility.
John Pavelak, 1 535 South D Street, San Bernardino, President of
Century-Crowell Communities, felt the $2 million threshold would be a big
objective for smaller builders, and noted that without an assessment district the
price of homes would increase, which would also increase the down-payment
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for the buyers. He then gave an example of a house payment amount, which
showed a difference of $20 a month, with or without an assessment district.
He questioned the City actually having a policy in effect prior to this proposal,
and disagreed that there's disproportionate overhead to improvement ratio. He
advised that other developers, such as Inco Homes and Oliphant & Williams, are
interested in doing assessment districts. He also referred to a project at Fred
Waring Drive and Jefferson Street that has been determined to be unfeasible
and dropped because of the infrastructure costs, which raised the cost of the
finished lot to $60,000. He urged the Council to look at a possible compromise
of $1.5 million and suggested increasing the City fee to $30,000.
In response to Council Member Adolph, Mr. Pavelak advised that the major
impact with the project at Fred Waring Drive and Jefferson Street is a
combination of improvement costs and City, CVWD, and school fees.
Ira Norris, 1 282 W. Arrow Highway, Upland, CEO of Inco Homes, felt it's
essential for assessment districts to be available to builders of all sizes within
certain reasonable limitations. Homes built with an assessment district are
lower in price and perceived by the buyer to be a better value, whereas, homes
built without an assessment district have a higher price and appear to be less
competitive. Banks don't like loaning funds for land development, and
construction loans don't work because generally, the first phase includes
improvements that can't be amortized over the entire first phase. Assessment
districts make it work. Assessment districts are beneficial to the homebuyer
because it's a lower interest rate and it's tax deductible. He then commented
on the number of assessment districts that they have in place in other areas,
and encouraged the Council to cooperate with builders of all sizes.
Ed Kibbey, 77-564 Country Club Drive, Palm Desert, of the Building Industry
Association Desert Chapter, advised that he didn't have a problem with the
$2 million threshold until he found out that interior streets are not included.
That basically puts it out of reach for some of the developers. He felt that it
could be considered on an as applied basis" rather than making an arbitrary
$2 million level for everyone to meet. We need to look at what is best for the
buyer. The BIA feels that a $2 million limit for residential is unrealistic, and they
would just as soon have the policy limited to commercial. They would like to
discuss this with staff and come up with a bottom line that all can agree with
and will benefit everyone.
In response to Council Member Perkins, Mr. Kibbey advised that a sliding scale
is what he is recommending. The bottom line is what is good for the buyer.
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Emily Hemphill, 777 E. Tahquitz Canyon Way, Palm Springs, attorney with
SeIzer Ealy Hemphill & Blasdel, felt an arbitrary $2 million limit forecloses an
opportunity for the small developer, which many times is the local developer,
and that an analysis for each development would be more appropriate as
suggested by Mr. Kibbey. She believed assessment districts primarily benefit
the homebuyer and City; the homebuyer by providing lower prices, and the
City's economic development by creating incremental infrastructure
improvements, which helps attract commercial development. It also provides
a closer labor force. She believed the 100% concurrence needs to be modified
to include time frames for completion of various elements within the
assessment district process. Focusing solely on regional improvements is
perhaps something that should be looked at, as that kind of focus could result
in situations where the City's only assessment districts have to go out for public
votes. She also felt that when pre-applications are denied by staff, the
developer should be able to appeal to the Council for a final determination. She
supported the idea of a committee of staff and large and small developers
meeting to discuss this issue.
Council Member Perkins supported referring this matter back to staff for a more
Z comprehensive study in conjunction with discussions with the BIA, including
small and large developers. He wished to see a policy that is based on the
financial capability of each development, and believed the City needs to be in
partnership with developers in order to have quality and affordable construction
in the City.
In response to Council Member Adolph, Mr. Genovese, City Manager, advised
that the issue of a sliding scale was not included in the discussion with
Mr. Kibbey, and that the only discrepancy discussed was the inclusion of
residential He noted that in addition to La Quinta being the fastest growingZcity
in the State in 1 997, it has also been the second fastest growing city for the
past decade, without assessment districts. The discussion with Mr. Kibbey
dealt with the policies which have been in place since 1996. He wasn't sure
how a sliding scale program would work.
Council Member Adolph agreed with referring this back to staff. He felt there
has to be a way for the City to be developer-friendly.
Council Member Sniff felt a sliding scale would be extremely complicated and
difficult to use and would have a hard time supporting it. He didn't have a
problem continuing this until January 19, 1999, to give staff an opportunity to
meet with the BIA and other appropriate builders to work on a solution. He felt
raising the City's fee is a legitimate item for discussion. He believed the City
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needs to work with developers because, ultimately, it helps the buyer. He
supported a minimum threshold of $1 million to $1.5 million.
In response to Council Member Henderson, Mr. Genovese confirmed that the
City's bond rating could be affected if a project fails that has bonds attached to
it.
Council Member Henderson questioned assessments being completely
deductible as real estate taxes and the workability of trying to figure out which
ones will succeed and which ones will fail. She didn't feel that it's necessary
to limit the assessment district to commercial and advised that she would not
support a threshold limit of less than $1.5. She felt that assessment districts
are viewed by the community as something that the government is doing, and
she was concerned about how it might affect the City's own efforts to pass an
assessment district in the future. She supported increasing the City's fee and
was disappointed that CVWD doesn't enter into these discussions. She felt
they are responsible for a large part of the costs and should be issuing the
assessment districts. She was prepared to support staff's recommendation as
presented.
Mayor Pena advised that he was prepared to move forward with staff's
recommendation, with the exception that he felt a $1.3 million limit was
reasonable, and supported an increase in the fee to $25,000.
MOTION It was moved by Council Members Sniff/Perkins to continue the
matter of the policy and application process for formation of land-based
financing districts to January 1 9, 1 999, and to direct staff to meet with
representatives of the Building Industry Association. BIA) and any other
appropriate builders or people who have significant comments on this matter.
Council Member Sniff advised that he would support an increase in the fee to
$25,000 to $30,000, and that generally, he didn't support a sliding scale. He
suggested that staff look at a threshold limit of $1 25 million.
Council Member Adolph advised that he wasn't recommending a sliding scale,
but rather wanted to know if staff had looked at it because he felt all aspects
should be considered.
Council Member Perkins felt all of the options should be looked at to make the
process as smooth as possible for both the City and the developer.
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Council Member Henderson reiterated that she wasnZt in favor of an assessment
district less than $1.5 million, and advised that she supported an increase in the
fee.
Mayor Rena felt direction should be given to staff as to whether or not to
include interior streets.
Mr. Falconer advised that interior streets were not an issue until 50% became
an issue. He advised that it's a way for developers to meet the minimum
threshold for funding. He noted that Mr. Eldridge's letter referred to public
streets and *ZotherZ' improvements, and he felt Z`other" improvements should be
identified.
Motion carried unanimously. MINUTE ORDER NO.98-197.
Council concurred on taking up Study Session Item No.1 at this time.
STUDY SESSION
1. DISCUSSION OF COACHELLA VALLEY MOUNTAINS CONSERVANCY'S
PROPOSED LEGISLATION.
Mr. Weiss, Assistant City Manager, advised that the Coachella Valley Mountains
Conservancy is proposing the following legislative changes in the upcoming
Legislative Session:
* amend their boundaries to make them coterminous with the Coachella
Valley Multiple Species Habitat Conservation Plan CVMSHCP);
* add the Regional Director of the National Park Service to the governing
board of the Conservancy;
* allow each City Council, the Board of Supervisors, and the Agua Caliente
Tribal Council to appoint a voting alternate;
* enable the Conservancy to make grants to local agencies and non-profit
agencies; and
streamline the acquisition process.
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He advised that the Conservancy is looking for feedback on the proposed
changes and that staff has outlined some of the potential issues in the staff
report.
Katie Barrows, 45-480 Portola Avenue, Palm Desert, of the Coachella Valley
Mountains Conservancy, gave a brief presentation on the proposed changes,
including a map review of the proposed boundaries. Currently, the Conservancy
is limited to acquisitions in the mountainous areas; and the proposed legislation
would change that.
In response to Mayor Pena's concemZabout how it would, by definition, change
the Mountains Conservancy, Ms. Barrows advised that the intent, in part, is to
provide a mechanism for implementation of the Multi-Species Habitat Plan
MSHP. She noted that the Conservancy would not have eminent domain
power. In regard to overlapping other agencies, she advised that it's possible
that the BLM, Department of Fish and Game, or a non-profit organization could
take on the activity, but the benefit of using the Conservancy is that it has
representation of all the valley cities, which will be signatories to the final
MSHP. The proposed change will help reinforce local control.
In response to Council Member Adolph, Ms. Barrows advised that their budget
is very small. Most of their acquisitions have been funded through State grants.
If the MSHP is approved, it will require a funding source for land acquisitions.
Council Member Henderson noted that the City gave the Conservancy $5,000
during the grant process and asked if the other cities in the valley had received
the same request, to which Ms. Barrows responded yes. They are in the
process of receiving support at that level from Palm Desert and Rancho Mirage
and Indian Wells has chosen to contribute to the Adopt an Acre" program. If
funds are available, they might grant funds to non-profit groups for such things
as habitat restoration, land acquisition, trail cleanup, etc. She confirmed that
the Conservancy is sometimes eligible for grants that include aspects that the
Conservancy doesn't do and they would then grant those funds to another
agency that does.
In response to Council Member Sniff, Ms. Barrows advised that each city will
have to sign on before the MSHP can be enacted in that particular jurisdiction.
It hasn't been determined yet how the plan will be implemented. CVAG is the
lead agency, and the Conservancy is under contract with CVAG to prepare the
plan. What the Conservancy is looking for at this time is input from the Council
so that their concerns can be worked into the process.
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Council Member Henderson didn't have a problem with Item Nos. 2 and 3, but
wished to spend more time evaluating the expansion of the boundaries. She
also wished to have the grant process locked in as to which funds can be used
for grants.
Ms. Barrows advised that the City's contribution will not be used for grants.
Mayor Pena shared some of the same concerns, and wished to look at their
budget and membership.
Council Members Sniff didn't have a problem with adding the National Park
Service's Regional Director to the governing board.
Council Member Henderson and Mayor Pena concurred.
Ms. Barrows felt having the Regional Director on the governing board would
help bring some of the benefits that Joshua Tree National Park offers to the
region.
Council Member Perkins was concerned about the Conservancy expanding into
a new area such as the endangered species, and couldn't support an additional
level of control in the City. He was very much opposed to adding the Regional
Director to the governing board because he didn't want the Federal Government
being involved and possibly placing restrictions on the City. Government should
be smaller, not larger. There also seems to be some overlapping with other
agencies such as Fish and Game and Corp of Engineers. He couldn't support
the expansion without some definite reason to believe that the State will never
supersede the authority of the City.
In response to Council Member Perkins, Ms. Barrows advised that they will
address those concerns and report back to staff. She noted that under the
proposed legislation, the acquisition process would be changed and give the
local governing board the right of final approval, rather than the State. The
decision of the Conservancy Board to become a State entity was based on the
ability of the State to provide some short-term funding. The Conservancy has
the right to reverse that decision at any time. The intent is to streamline the
multi-species issue.
In response to Council Member Sniff, Ms. Barrows advised that she believed the
discussions on the MSHP issue began within the Conservancy Board, and then
CVAG took on the leadership role.
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Mayor Pena noted that a number of endangered species were being identified
and rather than do a separate study on each one, a decision was made to do a
multi-species study instead.
Council recessed to and until 7:00 p.m.
7:00P.M.
PUBLIC COMMENT None
PUBLIC HEARINGS
1. TENTATIVE TRACT 28545, AMENDMENT NO.1, A REQUEST FOR AN
AMENDMENT TO THE SHAPE OF RESORT HOME LOTS TO INCLUDE PATIOS
AND MINOR ADJUSTMENTS FOR THE PROPERTY LOCATED SOUTH OF
AVENIDA FERNANDO, EAST OF AVENIDA OBREGON IN THE LA QUINTA
RESORT HOMES AREA. APPLICANT: KSL DESERT RESORTS LA QUINTA
RESORT AND CLUB).
The Mayor declBred the PUBLIC HEARING OPEN.
Mr. Herman, Community Development Director, advised that this is a proposed
amendment to Tract 28545 for the purpose of moving lot lines to accommodate
patios. The Planning Commission has recommended approval subject to
findings and conditions.
In response to Council Member Adolph, Mr. Herman confirmed that a landscape
buffer will exist between the property line and the street.
Chris Berg, 79-799 Old Avenue 52, of MDS Consulting, advised that they are
in agreement with all of the conditions.
There being no one else wishing to speak, the Mayor declared the PUBLIC
HEARING CLOSED.
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RESOLUTION NO.98-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY QF LA QUINTA,
CALIFORNIA, APPROVING TRACT MAP 28545-2, AMENDMENT NO.1 TO
ALLOW AN AMENDMENT TO A RECORDED TRACT MAP AT THE LA QUINTA
RESORT HOMES KSL DESERT RESORTS).
It was moved by Council Members Sniff/Henderson to adopt Resolution No.
98-146 as submitted. Motion carried unanimously.
2. TENTATIVE TRACT 27519 FOR APPROVAL OF 70 SINGLE-FAMILY AND
OTHER COMMON LOTS ON 17.16 ACRES LOCATED APPROXIMATELY 100
FEET SOUTH OF DESERT STREAM DRIVE AND WEST OF DUNE PALMS ROAD.
APPLICANT: CENTURY-CROWELL COMMUNITIES.
The Mayor declared the PUBLIC HEARING OPEN.
Mr. Herman, Community Development Director, advised that this is a proposal
to subdivide 1 7.6 acres into 70 single-family lots with private streets. The lots
are 7,920 sq. ft. or larger with a typical lot being 60' X 132'. The Planning
Commission has recommended approval subject to findings and conditions.
In response to Council Member Perkins, Mr. Herman confirmed that the lots
exceed the City's minimum lot size of 7,200 sq. ft.
Ed Knight, 1 535 South D Street, San Bernardino, of Century-Crowell
Communities, advised that they concur with all of the conditions.
John Pavelak, 1 535 South D Street, San Bernardino, principal with Century-
Crowell Communities, advised that it will be a gated community with its' own
homeowners association. He further advised that this is a joint venture
between Century-Crowell and Lance Eldridge.
In response to Council Member Perkins, Mr. Pavelak advised that the streets will
be 36 feet curb to curb.
Jim Brennis, of Desert Stream Drive, advised that his property abuts up to the
proposed subdivision, and that he didn't want to see the eucalyptus trees
removed.
Mr. Herman advised that no two-story homes will be allowed along the northern
property line. In regard to the trees, the Planning Commission added a condition
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requiring the developer to retain the existing trees at the north end of the
retention basin and to incorporate them into the retention basin. He then
reviewed the elevation differences between the tract and the properties on the
north side.
In response to Council Member Adolph, Mr. Herman advised that building
elevations havenZt been submitted yet.
Sean Huber, 79-375 Desert Stream Drive, also spoke regarding removal of the
trees and asked that they be retained.
In response to Council Member Perkins, Mr. Knight advised that at this point,
it looks as though the trees to the west will have to be removed to make the
site compatible with the adjacent property. The large knoll behind the homes
has to come down. He felt the trees behind the retention basin could probably
be retained, but it will be difficult to retain those within the backyards of future
homes.
In response to Council Member Henderson, Mr. Herman confirmed that the
safety issue was discussed at the Planning Commission and whether or not the
new homeowners would want the trees on their property. Once the homes are
built, the homeowners will have the right to remove them if they wish.
In response to Council Member Perkins, Mr. Pavelak advised that theyZve done
everything possible to make a homogenous community and will try to save as
many trees as possible.
Council Member Perkins asked that Mr. Brennis and Mr. Huber be notified when
the building elevations are presented to the Planning Commission.
There being no one else wishing to speak, the Mayor declared the PUBLIC
HEARING CLOSED.
Council Member Adolph wished to have an opportunity to view the site before
making a decision.
Council Member Henderson didnZt have a problem with moving forward.
Council Member Sniff asked if Century-CrowellZs intent was to save as many
trees as possible, to which Mr. Knight responded yes.
Council concurred on continuing this item to provide Council an opportunity to
view the site.
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MOTION It was moved by Council Members Sniff/Adolph to continue the
public hearing on Environmental Assessment 98-370 to January 5, 1 999.
Motion carried unanimously. MINUTE ORDER NO.98-198.
MOTION It was moved by Council Members Sniff/Henderson to continue the
public hearing on Tentative Tract 27519 to January 5, 1999. Motion carried
unanimously. MINUTE ORDER NO.98-199.
3. TENTATIVE TRACT 28964 AND CERTIFICATION OF ENVIRONMENTAL
ASSESSMENT 98-365 TO SUBDIVIDE 39 ACRES INTO 78 SINGLE-FAMILY
RESIDENTIAL AND OTHER COMMON LOTS WITH PRIVATE STREETS
LOCATED ON THE NORTH SIDE OF AVENUE 50 APPROXIMATELY 1,600 FEET
WEST OF JEFFERSON STREET. APPLICANT: OLIPHANT AND WILLIAMS
ASSOCIATES, INC.
Mayor Pena noted that staff has requested that this item be continued to
February 2,1999.
MOTION It was moved by Council Members Sniff/Henderson to continue the
public hearing on Environmental Assessment 98-365 and Tentative Tract 28964
to February 2, 1999. Motion carried unanimously. MINUTE ORDER NO.
98-200.
4. ENVIRONMENTAL ASSESSMENT 98-369, TENTATIVE TRACT MAP 28982,
SITE DEVELOPMENT PERMIT 98-631, AND TRACT 24230 AMENDMENT NO.1
TO SUBDIVIDE 10.17 ACRES FOR DEVELOPMENT OF 160 AIRSPACE
CONDOMINIUMS AND ELIMINATION OF A REQUIREMENT TO PROVIDE
AFFORDABLE HOUSING UNITS WITHIN THE DEVELOPMENT LOCATED ON
THE SOUTHWEST CORNER OF AVENUE 47 AND ADAMS STREET.
APPLICANT: MAINIERO, SMITH AND ASSOCIATES, INC., FOR A. G. SPANOS
CORPORATION.
Mayor Pena noted that staff has requested that this item be continued to
February 16, 1999.
MOTION It was moved by Council Members Sniff/Adolph to continue the
public hearing on Environmental Assessment 98-369, Tentative Tract Map
28982, Site Development Permit 98-631, and Tract 24230 Amendment No.1
to February 16, 1999. Motion carried unanimously. MINUTE ORDER NO.
98-201.
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Council recessed to Redevelopment Agency meeting.
Council reconvened.
JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY
5. CONSIDERATION OF AGREEMENT TO SELL REAL PROPERTY LOCATED AT
51-945 AVENIDA BERMUDAS BY AND BETWEEN RAMON AND ISABEL LOPEZ
AND THE REDEVELOPMENT AGENCY.
Mayor Pefla abstained due to a conflict of interest and left the dais.
The Mayor Pro Tern declared the PUBLIC HEARING OPEN.
Mr. Herman, Community Development Director, advised that this is for the sale
of a home at 51-945 Avenida Bermudas to Ramon and Isabel Lopez. The
Agency purchased the property in a foreclosure sale in February 1998, and the
proposal is to spend approximately $16,000 for rehabilitation and to sell it for
$102,000, with $45,940 being converted into a second trust deed.
There being no one else wishing to speak, the Mayor Pro Tem declared the
PUBLIC HEARING CLOSED.
MOTION It was moved by Council Members Sniff/Adolph to approve the sale
of the property located at 51-945 Avenida Bermudas to maintain an affordable
housing unit in Project Area No.1 for a price of $102,000 and authorize the
Executive Director to execute the necessary documents to complete the
property sale. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.
98-202.
BUSINESS SESSION...................continued
4. CONSIDERATION OF AN APPOINTMENT TO THE CHAMBER OF COMMERCE
INFORMATION EXCHANGE COMMITTEE BI-MONTHLY WORKSHOPS.
There were no changes to the staff report as submitted to the City Council by
the Community Development Department and on file in the City CIerkZs
Department.
A brief discussion ensued wherein it was determined that Mayor Pena was next
in rotation for serving on the committee.
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MOTION It was moved by Council Members Sniff/Adolph to appoint Mayor
Pena to the Chamber of Commerce Information Exchange Committee. Motion
carried unanimously. MINUTE ORDER NO.98-203.
5. CONSIDERATION AND AUTHORIZATION TO NEGOTIATE A CONTRACT WITH
THE RECOMMENDED CONSULTANT TO FINALIZE THE DESIGN AND
INSTALLATION OF THE LANDSCAPING FOR THE ART PIECE LOCATED AT
THE CORNER OF HIGHWAY 111 AND WASHINGT9N STREET.
Mr. Herman, Community Development Director, advised that the Selection
Committee reviewed two proposals which were submitted by Ray Lopez and
Louis DeMartino. The recommendation is that staff be authorized to negotiate
a contract with Mr. DeMartino for the design and construction of the
landscaping of the art piece located at the northeast corner of Highway 111 and
Washington Street. Once a contract has been negotiated and approved by the
Council, the contractor is required to present three design proposals for
Council's consideration. He noted that one step from the process would be
removed if Council were to authorize staff to go ahead with negotiations and
enter into a contract with the contractor.
Council Member Henderson questioned why the Council is being asked to
authorize landscape design, as she recalled the consensus of the Council some
time ago was to remove the fence, plant grass, and then look at the site in six
to eight months to determine if simplicity is all that is needed.
Mr. Herman advised that Council approved the request for design and
construction of landscaping for the art piece on July 7, 1 998.
Council Member Henderson felt the intent pf the motion was to remove the
fence and plant grass as she previously stated.
Mayor Pena noted that the Council could direct the contractor to keep the
design simple.
Council Member Sniff felt it would be appropriate to move forward with a
contract with Mr. Zel//Martino since he designed the art piece, and he felt the
contract could be negotiated with the understanding of what type of design the
Council is looking for.
After a brief discussion, it was determined that the consensus of Council is for
the wall to be removed and for grass of any type to be planted at this time.
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Mr. Genovese, City Manager, asked that staff be authorized to work with Mr.
Lopez in case Mr. DeMartino objects to Council's direction.
MOTION It was moved by Council Members Sniff/Henderson to authorize staff
to enter into a contract with either Louis DeMartino or Ray Lopez for the design
and construction of the landscaping of the art piece located at the northeast
corner of Highway 111/Washington Street commensurate with the instructions
provided herein. Motion carried unanimously. MINUTE ORDER NO.98-204.
8. CONSIDERATION OF CITY COUNCIL REORGANIZATION:
1. SELECTION OF MAYOR PRO TEM
2. APPOINTMENTS TO VARIOUS BOARDSICOMMISSIONSICOMMITTEES
There were no changes to the staff report as submitted to the City Council by
the City Clerk and on file in the City Clerk's Department.
Council Member Perkins nominated Mayor Pro Tem Henderson.
Council Member Adolph nominated Council Member Sniff.
MOTION It was moved by Council Members Sniff/Henderson to close
nominations. Motion carried unanimously. MINUTE ORDER NO.98-205.
Votin9
Ballot No.1
Council Member Adolph voted for Council Member Sniff
Council Member Henderson voted for Council Member Henderson
Council Member Perkins voted for Council Member Henderson
Council Member Sniff voted for Council Member Sniff
Mayor Pena voted for Council Member Henderson
MOTION It was moved by Council Members Sniff/Perkins that Mayor Pro Tem
Henderson be named Mayor Pro Tem for the next year. Motion carried
unanimously. MINUTE ORDER NO.98-206.
MOTION It was moved by Council Members Perkins/Henderson to leave all
Council appointments the same.
Council Member Adolph noted that the City Council was elected to share
equally in the governing of the City, including appointments to the various
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boards, commissions, and committees. He didn't feel that it's equal or fair, and
believed that the Council should consider fairness in making the appointments
with all Council Members sharing equally in the representation of the City.
Council Member Henderson offered to let someone else serve in her place on
the Airline Services Committee, the League of California Cities, and the Library
Zone Advisory Board, noting that each of them meet infrequently or are
generally held out of town.
Council Member Sniff suggested that Council Member Adolph be considered for
the economic development committee appointment next month.
Council Member Adolph suggested each Council Member be given an
opportunity to select a committee that he/she is interested in until all of the
appointments have been made.
Motion carried unanimously. MINUTE ORDER NO.98-207.
Council concurred upon giving the City Manager the discretion of changing
some of the staff support positions.
7. SECOND READING OF ORDINANCES
ORDINANCE NO.328
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT AMENDMENT NO.1
BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT
COMPANY.
Mayor Pefia abstained as he has consistently done in the past and left the dais.
Ms. Honeywell, City Attorney, advised of changes in the language in the Lease
Agreement regarding parkway maintenance responsibilities for the purpose of
clarification).
It was moved by Council Members Sniff/Adolph to adopt Ordinance No.328 on
second reading as amended. Motion carried by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff
NOES: None
ABSENT: Mayor Pena
ABSTAIN: None
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8. CONSIDERATION OF ADOPTION OF RESOLUTION GRANTING CONDITIONAL
APPROVAL OF A FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT
28470-3, TRADITION CLUB ASSOCIATES.
Mayor Pena abstained due to a conflict of interest and left the dais.
There were no changes to the staff report as submitted to the City Councilby
the Public Works Department and on file in the City Clerk's Department.
Council Member Adolph advised that he would not support this as he is
vehemently opposed to the development of six lots in the hillside area.
In response to Council Member Sniff, Mr. Vogt, Public Works Director, advised
that this tract covers the six residential lots toward the hillside. The lots and
road have been lowered approximately 2 feet and moved 20 feet further away
from the hillside, resulting in less impact to the hillside. He advised that the
tract is still in substantial compliance, and that it works better with the
topography.
Council Member Sniff viewed the proposal as slightly better than the last one,
and advised that he would support it.
RESOLUTION NO.98-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF TRACT 28470-3, AND
AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF
THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL.
It was moved by Council Members SniffZPerkins to adopt Resolution No.98-147
as submitted.
Council Member Adolph advised that he would not support the motion because
he feels that it is still in the hillsides.
Motion carried with Council Member Adolph voting NO and Mayor Pena
ABSENT.
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9. CONSIDERATION OF ACCEPTANCE OF TRAFFIC WARRANT STUDY FOR
PROJECT 98-15 CITYWIDE SIGNAL IMPROVEMENTS.
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 Adolph advised that he has a problem with the traffic signal
warrants on Eisenhower Drive and Calle Tampico. He suggested that it be
delayed until such time as the final design is known, noting the possibility of
changes to the roadway and KSL putting in a roundabout when they develop
their property. He's not an advocate of a lot of traffic signals, but also feels
that this would be a wrong expenditure of funds until a final design is known.
Council Member Sniff disagreed, noting that it's a very busy intersection. He
supported moving forward with staff's recommendation in its entirety.
Council Member Henderson stated that she hated for the traffic signal to be
removed later on, but agreed with Council Member Sniff that it's needed now
to help with traffic.
In response to Council Member Adolph, Mr. Vogt advised that they did not use
statistical data on accidents as part of this warrant study, but could obtain it.
Council Member Perkins wished to delay action for 90 days on accepting the
warrant analysis at Eisenhower Drive and Calle Tampico for further statistical
data. He supported moving forward with the signal at Fred Waring Drive and
Dune Palms Road.
Mark Diercks, 2Z 50 E. Tahquitz Canyon Way, Palm Springs, of Nickerson,
Diercks & Associates, advised that a delay of 90 days would not be a problem.
MOTION It was moved by Council Members Perkins/Adoiph to delay the
portion of Eisenhower Drive and Calle Tampico up to 60 days, pending the
outcome of the traffic analysis.
Council Member Sniff didn't see any value in the delay, and advised that he
would not support the motion.
A brief discussion ensued wherein the consultant advised that they should be
able to report back to Council on the pedestrian/vehicle counts by the end of
January, and confirmed that minor street improvements would be necessary at
that intersection. Motion carried with Council Member Sniff voting NO.
MINUTE ORDER NO.98-208.
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MOTION It was moved by Council Members Perkins/Adolph to accept the
Traffic Signal Analysis for the intersection of Fred Waring Drive and Dune Palms
Road; and to authorize Nickerson, Diercks & Associates to proceed with the
preparation of the plans, specifications, and estimates for the traffic signal
installation at Fred Waring Drive and Dune Palms Road; and authorize Nickerson,
Dieroks & Associates to proceed with the modification plans and specifications
necessary to retrofit the six intersections identified to receive Emergency
Vehicle Preemption Systems. MINUTE ORDER NO.98-209.
REPORTS AND INFORMATIONAL ITEMS
League of California Cities Council Member Henderson reported that their next
meeting is scheduled for January 11, 1 999, in Riverside.
C. V. Mosquito and Vector Control District Council Member Perkins reported that the
District has broken ground on their new facility in Indio.
CVAG Committees Mayor Pena advised that he would carry some of Council's
concerns back to CVAG, and noted that if Council wishes, the Executive Director could
be asked to address the City Council.
** * **
All other reports were noted and filed.
DEPARTMENT REPORTS
A-i. RESPONSE TO PUBLIC COMMENT.
Council Member Sniff asked that the invitation from Mike Smith to attend a
meeting of the Bermuda Dunes Community Council on January 14, 1 999, be
agendized for discussion.
Council concurred on agendizing this matter for a study session on
January 5, 1999.
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G-2. YEAR 2000 PROJECT STATUS REPORT.
In response to Council Member Henderson, Mr. Falconer, Finance Director,
advised that government agencies are included in the list of vendors/agencies
that the City will be sending letters to.
G-1. REVENUE & EXPENDITURES REPORT DATED OCTOBER 31, 1998, FOR THE
CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY.
MOTION It was moved by Council Members Sniff/Adolph to receive and file
the Revenue & Expenditures Report dated October 31, 1 998, for the City of
La Quinta. Motion carried unanimously. MINUTE ORDER NO.98-210.
MOTION It was moved by Council Members Sniff/Adolph to receive and file
the Revenue & Expenditures Report dated October 31, 1998, for the La Quinta
Financing Authority. Motion carried unanimously. MINUTE ORDER NO.
98-211.
MAYOR AND COUNCIL MEMBERSZ ITEMS None
There being no further business, it was moved by Council Members Sniff/Adolph to
adjourn. Motion carried unanimously.
Re ctfully submitted,
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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