2000 03 21 CC Minutesd_` LA QUINTA CITY COUNCIL
MINUTES
MARCH 21, 2000
A 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
CLOSED SESSION
1. Conference with legal counsel pursuant to Government Code Section
54956.9(C) one potential litigation case.
Council recessed to Redevelopment Agency and to Closed Session to and until the
hour of 3:00 p.m.
3:00 P.M.
PUBLIC COMMENT
Robert Tyler, 44-215 Villeta Drive, spoke about an unsightly area at the southeast
corner of Washington Street and Fred Waring Drive and the need to clean it up.
CONFIRMATION OF AGENDA Confirmed
APPROVAL OF MINUTES
MOTION It was moved by Council Members Sniff/Adolph to approve the City Council
Minutes of March 7, 2000, as submitted. Motion carried unanimously.
ANNOUNCEMENTS None
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PRESENTATIONS
Mayor Pena presented a proclamation to Shelly Morris of the La Quinta Chamber of
Commerce in celebration of the Chamber's 50th Anniversary.
*********** *
Mayor Pena presented a proclamation to Lameka Ingram, of La Quinta High School,
honoring the Valley's Promise Day, March 20, 2000. Ms. Ingram gave a brief
presentation on the purpose of the program.
WRITTEN CORRESPONDENCE None
CONSENT CALENDAR
John Gentry, 81-290 Iris Court, Indio, and Marty Cook, 51-820 Avenida Herrera,
spoke regarding Item No.4 and asked the Council not to deny Mr. Cook's claim for
damages.
In response to Mayor Pena, Assistant City Manager Weiss advised the incident
occurred on Avenue 52 approximately 1 260 feet east of Madison Street and
La Quinta City Limits extend to approximately 1,320 feet east of Madison Street.
City Attorney Honeywell advised there are too many questions regarding the City
boundary line and potential liability of the owner of the property for Council to make
a decision at this stage of the claim process.
Mayor Pena informed Mr. Cook the claim would be processed by the City's insurance
agent.
1. APPROVAL OF DEMAND REGISTER DATED MARCH 21.2000.
2. TRANSMITTAL OF TREASURER'S REPORT DATED JANUARY 31, 2000.
3. APPROVAL OF A REQUEST BY THE BUILDING INDUSTRY ASSOCIATION BIA)
TO UTILIZE THE STUDY SESSION ROOM ON MONDAY, APRIL 3, 2000, 8:00
A.M. TO 10:00 A.M.
4. DENIAL OF CLAIM FOR DAMAGES FILED BY MARTY D. COOK. DATE OF
LOSS, JANUARY 11, 2000.
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5. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT 28447, RJT HOMES, LLC.
6. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
29306, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT. RESOLUTION
NO.2000-24)
7. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
23773-5, STARLIGHT T- CCC, LLC. RESOLUTION NO.2000-25)
8. ADOPTION OF RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR
THE ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD
APRIL 8, 2000, ON AVENIDA BERMUDAS. RESOLUTION NO.2000-26)
9. APPROVAL OF AN AWARD OF CONTRACT FOR PROJECT NO.99-12, FISCAL
YEAR 199912000 CITYWIDE SLURRY SEALIRESTRIPING PROGRAM.
MOTION It was moved by Council Members Adolph/Sniff to approve the
Consent Calendar as recommended and amended with Item Nos. 6, 7, and 8
being approved by RESOLUTION NOS. 2000-24 THROUGH 2000-26
respectively. Motion carried unanimously. MINUTE ORDER NO.2000-53.
BUSINESS SESSION
1. CONSIDERATION OF A PROFESSIONAL SERVICES CONTRACT WITH
GREENWOOD AND ASSOCIATES TO PREPARE GUIDELINES FOR CURATOR
SERVICES OF ARCHAEOLOGICAL RESOURCES AND CONSULTANT SERVICES
IN AN AMOUNT NOT TO EXCEED $10,000.
Planning Manager Di lono gave a brief report on the proposed contract as
outlined in the staff report.
MOTION It was moved by Council Members Perkins/Sniff to approve and
authorize the City Manager to enter into a contract with Greenwood and
Associates to prepare guidelines for the curation of archaeological resources and
consultant services in an amount not to exceed $10,000. Motion carried
unanimously. MINUTE ORDER NO.2000-54.
STUDY SESSION None
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REPORTS AND INFORMATIONAL ITEMS
League of California Cities-Riverside Division Council Member Henderson thanked
staff for their efforts in making the March 1 3th dinner meeting a success and reported
58 people were in attendance.
Council Member Perkins suggested having more appropriate goodies" to provide
guests at future events and felt that as the host City, it would have been better for the
Council Members to spread out through the tables rather than sit together.
CVAG Energy & Environmental Resources Committee Council Member Sniff reported
the Committee will be discussing the transfer station/waste disposal issue on
Thursday.
C. V. Mountains Conservancy- Council Member Sniff advised the Conservancy will
be forwarding their concerns about the legislation for a National Monument designation
to Congresswoman Bono's Office.
Palm Springs Desert Resorts Convention & Visitor's BureaZ Mayor Pena reported the
CVB is now the Palm Springs Desert Resorts Convention & Visitor's Authority.
SunLine Transit Agency- Mayor Pena gave a brief report on the trip to Washington
D.C. and announced SunLine will be giving a major presentation on the pros and cons
of alternative fuels at the annual conference in MinneapolislSt. Paul in July.
All other reports were noted and filed.
DEPARTMENT REPORTS
3-B. MEETING SCHEDULE FOR JOINT CITY COUNCIL/COMMISSION MEETING(S).
Council concurred to hold joint meetings with the Planning Commission in
September and April each year and to meet annually with the other City
Commissions in September. Council further concurred to direct staff to
schedule a luncheon for all of the commissions in October.
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7-A. REVENUE AND EXPENDITURES REPORT DATED JANUARY 31, 2000.
MOTION It was moved by Council Members Sniff/Henderson to receive and
file the Revenue & Expenditures Report dated January 31, 2000. Motion
carried unanimously. MINUTE ORDER NO.2000-55.
9-B. STATUS REPORT REGARDING THE ADDITION OF A MOTOR OFFICER.
Council Member Perkins felt the addition of a motor officer to the City's police
force is a proactive move and wished to see the City move forward with it.
Council concurred.
6-B. ANNUAL REPORT FOR THE FRITZ BURNS POOL.
Mayor Pena commented on the low attendance at the pool in October and
suggested talking to CVRPD about extending the season only through
September.
MAYOR AND COUNCIL MEMBERS' ITEMS
1. DISCUSSION REGARDING A NEW P. A. SYSTEM FOR THE COURTYARD.
Council Member Perkins suggested purchasing a new portable P. A. system
with a cordless microphone and some permanent speakers for the courtyard.
He also suggested the City consider buying a lighter-weight bullhorn.
Council concurred and directed staff to report back on both issues.
Council recessed to Redevelopment Agency meeting.
Council reconvened and recessed to Financing Authority.
Council reconvened and recessed to Closed Session as delineated on Page 1 to and
until 7:00 p.m.
7:00 P.M.
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The City Council meeting reconvened with no decisions being made in Closed Session
which require reporting pursuant to Section 54957.1 of the Government Code Brown
Act).
PUBLIC COMMENT
Mike Smith, 78-467 CaIle Orense, asked about the status of the Montero Estates
sound wall.
City Manager Genovese advised it will be considered under the Capital Improvement
Program, which is tentatively scheduled for April 4, 2000.
Mr. Smith requested Minutes of that meeting be mailed to him.
PRESENTATIONS None
PUBLIC HEARINGS
1. PUBLIC HEARING ON THE FORMATION OF ASSESSMENT DISTRICT 2000-01
PHASE VI IMPROVEMENTS) TO FUND PUBLIC SEWERS IN THE VILLAGE
COMMERCIAL AREA, COVE AREA, WESTWARD HO AREA, AND
SAGEBRUSH, BOTTLEBRUSH, AND SAGUARO AREA, AND CONSTRUCTION
OF A PERIMETER WALL FRONTING WASHINGTON STREET AT SAGEBRUSH,
BOTTLEBRUSH, AND SAGUARO.
The Mayor declared the PUBLIC HEARING OPEN at 7:03 p.m.
Public Works Director Vogt presented proposed Assessment District No.
2000-01 Phase VI Improvements) as outlined in the staff report and reviewed
the petition/survey results. He advised the purpose of this public meeting is to
provide an opportunity for affected property owners to ask questions and
provide input on the proposed Assessment District. A public hearing is
scheduled for April 18, 2000, and ballots are due by 5:00 p.m. the same day.
Audrey Ostrowsky, P.O. Box 351, stated as a property owner she could not
afford the assessment and questioned why the City has not sought Federal
funding for the improvements.
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David Miller, 79-930 Fiesta Drive, felt people were confused by the petitions,
and stated he has petitions from 63 residents of the Westward Ho area that
would like to vote on the undergrounding issue again.
Mr. Marticorena, bond counsel with Rutan & Tucker, advised the 50% petition
rate for utility undergrounding is required at the time the resolution of intent is
adopted. In order to redo the petitions, the resolution of intent would have to
be amended, the public hearing rescheduled, and the ballots redone. An
alternative would be to form a separate overlay district for the undergrounding,
however, the size of the district would make the cost of issuance relatively
high. Another alternative would be to use the City's public financing authority
to go through the process of creating two different assessment districts and
matching them together at the time the bonds are sold. However, it would
delay the larger part of the assessment bond sale.
Wally Reynolds, 79-860 Fiesta Drive, noted the Westward Ho area residents are
willing to pay extra for the assessment to underground the utilities.
Pat Cross, 78-570 Saguaro Road, did not feel the Saguaro, Sagebrush, and
Bottlebrush residents want to be part of the Assessment District, and felt it's
not fair for them to pay for sewers in other areas. She did not understand why
the zones were put together and asked for the entire process to be started over
and her area eliminated from the Assessment District. She wants new streets
but not the sewer improvements.
William Fitzpatrick, 78-575 Sagebrush, was concerned about additional traffic
on Sagebrush and felt there should be an additional access point before Saguaro
and Bottlebrush are changed to cul-de-sacs.
Rose Ammarrupa, 78-611 Sagebrush, also voiced concern about the additional
traffic on Sagebrush.
Karen Kirk, 78-585 Saguaro, was opposed to the Assessment District and
asked that the process be started over again and explained more clearly to the
residents. She questioned the zones being assessed together and did not want
to pay for improvements in other areas.
Ben Olsen, 79-661 Cortez Lane, felt the petition/survey form was confusing and
wished to have another opportunitv to consider the undergrounding of utilities.
Mr. Vogt explained that no one will be paying for assessments in another area
and that the engineer's cost estimate is based on the individual zones and the
costs are based on each parcel. He added, putting the zones together for the
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purpose of the bond sale provides the lowest cost for everyone in the
Assessment District. He further explained the petition portion of the
petition/survey form was for the utility undergrounding only and the survey
portion was to give the City an indication of support for the sewers and/or
perimeter wall.
Council Member Henderson asked what a reasonably-sized Assessment District
would be to stand alone.
Mr. Marticorena responded the *`rule of thumb" is no less than $1 million
because of the cost of issuance.
Ms. Cross asked why the petition/surveys were counted as petitions and why
when some of the residents found out they were petitions, many of them were
given new ones which they left blank but were counted in support.
Mr. Vogt stated the results after re-tabulating the petitions was approximately
3-1 in favor of the sewer.
In response to Ms. Ostrowsky, Mayor Pena clarified the percentages calculated
in favor or in opposition is based on the votes received, not those who failed to
return a ballot.
Helen Nelson, 78-707 Saguaro, wished to see Saguaro, Bottlebrush, and
Sagebrush improved like the rest of the City.
Joyce SivIey, 79-775 Westward Ho Drive, supported the utility undergrounding
but was concerned the assessment would be too high for some people to agree
to and did not want to see the sewer improvements delayed too long.
Mr. Marticorena advised the petitions submitted by Mr. Miller would have to be
reviewed to see if they meet the legal requirements to be qualified as petitions
for the utility undergrounding. Staff can review the petitions and report back
to Council at the public hearing on April 1 8. If the petitions do not meet the
requirements, there will be no delay, and if they meet the requirements Council
can decide at that time whether or not to restart the process.
Council Member Perkins felt the City is trying to accommodate as many people
as possible and wished to have staff take a hard look at this and report back to
Council on the alternatives available.
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Council Member Sniff felt it's imperative to move forward but wished to have
staff review the petitions to see if they are acceptable. He was in favor of
accommodating the residents if the timeframe can be kept.
Council Member Adolph noted sewer installation costs have increased from
$1,200 to $5,000 over the last 10 years. He also noted the City has saved
street improvement costs in areas where the residents want narrower streets
and he felt those savings should be passed on to the residents. He believed the
City should be a partner in this and provide grants to the residents to help with
the costs.
Mayor Pena felt the City has contributed heavily to the development of the
community in the past by paying for curbs, gutters, streets, flood control, etc.
and noted 10 years ago the residents felt $1 200 was too much to pay. He
pointed out the sewer costs are set by CVWD and not the City. He said he
admired those residents who are willing to help pay their share of the costs,
especially for undergrounding of utilities. He supported the Redevelopment
Agency paying for the curbs, gutters, streets, and storm drains, noting some
communities put the entire burden on the residents. He felt it would be unfair
to those who have been assessed in the past for the City to pay a greater share
of the costs of the current improvements.
Council Member Henderson stated as a property owner she is paying for sewer
improvements on her street and noted that the City has a Sewer Subsidy
Program. She agreed the petition/survey form was confusing. She wished to
see the improvements get underway and asked if the assessment amount for
the Westward Ho area would be adjusted for soft costs, to which Mr. Vogt
responded yes. She understood there's a core group of people in The Village
commercial area who are also willing to pay for utility undergrounding. She
suggested setting aside a day from 8:00 a.m. to 8:00 p.m. for staff to be
available in the Study Session room to provide information on the proposed
Assessment District and to mail notification of the event to the property
owners. She felt the property owners should also be allowed to make changes
to their survey responses if they wish.
City Manager Genovese noted the survey responses are for informational
purposes only and that property owners will have an opportunity to actually
vote on their ballot.
Z In response to Mr. Genovese, Dick Kopecky, of Muni-Financial, stated the
original construction estimate for utility undergrounding in the Westward Ho
area is $899,100.
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Mr. Genovese noted to establish a separate Assessment District in that amount
would not be economical.
Council Member Perkins supported setting aside a day for staff to be available
to answer questions on the Assessment District and suggested 11:00 a.m. to
8:00 p.m. He felt the Council is committed to doing everything financially and
legally possible to help the citizens improve the community.
Council Member Adolph felt no one would reject the undergrounding of utilities
if the price is reasonable and believed the Council should consider whatever it
can do to help the situation economically.
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 8:27 p.m.
Council concurred to set aside a day, prior to the next Council meeting,
between 11:00 a.m. and 8:00 p.m. for staff to be available to provide
information on the proposed Assessment District, and to direct staff to utilize
a post card mailing to notify the residents.
No action was taken.
2. PUBLIC HEARING ON TRACT 27519, REVISION NO.2, TO ELIMINATE A
CONDITION OF APPROVAL REQUIRING EXISTING EUCALYPTUS TREES TO
REMAIN ON SINGLE FAMILY LOTS 38-42 AZND AMEND THE FINAL MAP TO
ELIMINATE A CITY LANDSCAPE EASEMENT FROM A 70-FOOT LOT SINGLE
FAMILY SUBDIVISION ALISO DEL REY) LOCATED ON THE EAST SIDE OF
DUNE PALMS ROAD AND SOUTH OF DESERT STREAM DRIVE. APPLICANT:
CENTURY CROWELL COMMUNITIES.
The Mayor declared the PUBLIC HEARING OPEN at 8:42 p.m.
Community Development Director Herman gave a brief summary of the request
and the Planning Commission's recommendation to deny the request as outlined
in the staff report.
Marty Butler, 44-180 Ocotillo Drive, representing Century Crowell Communities,
stated they are requesting a modification to Condition No.92 to allow the
elimination of eucalyptus trees on lots 38-42. Their request is based on a report
by Mr. Hollinger, a certified arborist, on the impact the adjacent developments
will have on the viability of the trees. She explained the report came about
when a City staff member learned they planned to top the trees and
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recommended they first contact Mr. Bobbitt who in turn recommended they
contact Mr. Hollinger.
T. J. Mulcahey, 79-350 Desert Rock Court, wished to see the trees maintained.
Sean Huber, 79-375 Desert Stream Drive, noted Century Crowell's original
grading plan did not conflict with the trees and that the wall was built along the
natural grade and slope with the trees in mind. Furthermore, Dennis
Cunningham paid for a no-cut clause with the owner of the property to keep the
trees and Topaz residents were told the trees would remain.
Jim Brenneis, 79-365 Desert Stream Drive, asked Council to deny the
applicant's request.
Dewayne Lewis, 79-350 Desert Stream Drive, also spoke in opposition to the
trees being eliminated.
Ms. Butler stated their request is based on the safety and liability issues related
to maintaining the trees. If they are allowed to remove the trees, they will
install turf on the slope and construct a retaining wall. It will cost them
approximately $35,000 to remove the trees.
Michael Grant, 3750 University Avenue, Riverside, of Best, Best, & Kneger,
attorney for the applicant, commented on the liability of the property owners
should the trees be maintained and later fall.
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 9:25 p.m.
Council Member Adolph hated to see the trees removed and noted none of the
limbs broke during yesterday's high winds.
Council Member Sniff recommended a continuance and getting a second opinion
on the trees.
Mr. Herman advised staff recommended the applicant get an arborist before
topping the trees because of their concerns about weakening the trees.
In response to Mayor Pena, City Attorney Honeywell confirmed opening the
Z tract map allows Council to make other modifications to the conditions of
approval.
Council Member Henderson agreed with getting a second opinion.
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Council Member Perkins was concerned the trees may have been damaged by
the grading and supported the recommendation to get a second opinion. He
wished to see the trees preserved and not topped.
Mayor Pena concurred and suggested finding out if there's some way to make
the trees stronger.
MOTION It was moved by Council Members Sniff/Perkins to continue the
public hearing for Tract 27519, Revision No. 2, for Century Crowell
Communities to April 18, 2000, and authorize an appropriation of funds at the
discretion of the City Manager to secure the services of a Certified Arborist to
evaluate the trees, and recommend an appropriate pruning method. Motion
carried unanimously. MINUTE ORDER NO.2000-56.
Council Member Perkins asked staff to take a look at the grading issue as well.
3. PUBLIC HEARING ON TENTATIVE TRACT 29657, A REQUEST TO SUBDIVIDE
58 SINGLE FAMILY LOTS, STREET LOTS, A COMMON AREA LOT, AND A
GOLF COURSE LOT TO ADJUST EXISTING LOT LINES AND PROVIDE GATED
ENTRIES ON MEDALLIST DRIVE AND NATIONAL DRIVE, BETWEEN KINGSTON
HEATH AND TIBURON DRIVE, WITHIN THE NORMAN COURSE. APPLICANT:
NORMAN ESTATES II, LLC.
The Mayor declared the PUBLIC HEARING OPEN at 9:26 p.m.
Community Development Director Herman presented the Tentative Tract Map
request as outlined in the staff report.
Chris Berg, 79-799 Old Avenue 52, of MDS Consulting, stated they are in
agreement with the conditions of approval.
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 9:28 p.m.
RESOLUTION NO.2000-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A REQUEST TO RE-SUBDIVIDE 58 SINGLE FAMILY
LOTS, STREET LOTS, A COMMON AREA LOT, AND A GOLF COURSE LOT TO
ADJUST EXISTING LOT LINES AND PROVIDE GATED ENTRIES TENTATIVE
TRACT MAP 29657 NORMAN ESTATES II, LLC).
It was moved by Council Members Sniff/Adolph to adopt Resolution No.
2000-27 as submitted. Motion carried unanimously.
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City Council Minutes 1 3 March 21, 2000
4. CONSIDERATION OF AN AMENDMENT TO CHAPTER 9.50, SECTION 9.50.020
OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO
RESIDENTIAL DEVELOPMENT STANDARDS HEIGHT LIMITS AND SETBACKS)
NEAR IMAGE CORRIDORS.
The Mayor declared the PUBLIC HEARING OPEN at 9:43 p.m.
Planning Manager di lono reviewed the proposed zoning ordinance amendment
as outlined in the staff report and cited two areas currently affected. She
advised new lots are designed with this condition in mind.
In response to Council Member Adolph, Community Development Director
Herman advised the modification would allow a 10-foot building height five feet
from the exterior edge of the wall.
In response to Council Member Perkins, Ms. di lono stated current tract maps
are designed with 25-foot setbacks.
John Kalogeris, 51-215 Calle Quito, builder of the houses on subject property
at Washington Street, stated the setback problem was missed in plan check and
not found until the foundation and framing was done. He has agreed to modify
the roof line and plant mesquite trees between the houses and walls to mitigate
the visual problem.
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 9:45 p.m.
Mr. Herman noted the need to make minor corrections in the proposed
ordinance.
MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance
No.341 by title and number only and waive further reading. Motion carried
unanimously.
ORDINANCE NO.341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 9.50, SECTION 9.50.020 OF THE
LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO RESIDENTIAL
Z DEVELOPMENT STANDARDS HEIGHT LIMITS AND SETBACKS NEAR IMAGE
CORRIDORS CASE NO. ZOA 2000-065).
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it was moved by Council Members Sniff/Adolph to introduce Ordinance No.341
as corrected on first reading. Motion carried by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
Council Member Perkins wished to have staff look at the possibility of installing a
misting system in the courtyard and make improvements to the in-house phone
system.
There being no further business, it was moved by Council Members Sniff/Adolph to
adjourn. Motion carried unanimously.
Respectfully submitted,
JUNES. GREEK, City Clerk
City of La Quinta, California
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