1993 05 18 CC MinutesD LA QUINTA CITY COUNCIL
MINUTES
MAY 18, 1993
Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M. by
Mayor Pena, followed by the Pledge of Allegiance.
PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena
ABSENT: None
CONFIRMATION OF AGENDA
Mr Hunt City Manager, advised that the Council has received a letter from Paul Quill
regarding Phase V improvements.
Mr. Hunt also advised that the interviews for Investment Advisory Board will be held at the 7:00
P. M portion of the meeting instead of the afternoon session.
APPROVAL OF MINUTES
MOTION It was moved by Council Members Sniff/Bangerter that the Council Minutes of May
4, 1993 be approved as submitted. Motion carried unanimously.
ANNOUNCEMENTS
Mayor Pena advised that on Friday there will be a memorial to fallen Police Officers at the
Palm Desert Civic Center Park at 6:30 P.M.
PUBLIC COMMENT
Wally Reynolds, 79-860 Fiesta Dr., advised that when Redevelopment Agency Project Area 2
was formed he was on the committee. He understood that when development occurred in the
area residential or commercial) it would generate funds for improvements within that area. He
and his neighbors have been advised that the improvements within the Westward Ho area may
not occur for five years. They understand the City's financial constraints, but they ask that the
City bring their streets up to safe standards.
Beverly Sfingi, 79-915 Horseshoe Road, asked that the City explore the possibility of deeding
their streets back to the property owners in the Westward Ho area so that they can form their
own assessment district. They have waited for five years and are now being asked to wait
another five years, which is too long.
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Roxanne Voigt, 52-658 Eisenhower, addressed the Council on the matter of a Stockman" home
she purchased with the help of the Redevelopment Agency. She commented on the items on her
punch-list which should have been taken care of six months ago. She asked for Council's
assistance in getting these items taken care of.
Council Member Sniff suggested that staff look into this matter and respond.
Mr. Hartung, Building and Safety Director, advised that staff has begun an investigation and will
be assisting her in anyway we can.
Paul Quill, 51-245 Avenida Rub io, read a letter which he addressed to the City Council and is
on file in the City Clerk's office. The letter was relative to Assessment District 92-1 Phase
V improvements.
WRITTEN CORRESPONDENCE
a. Letter from Coachella Valley Community Concerts Association requesting office
space, furniture and equipment.
Staff to respond.
b. Letter from Westward Ho Property Owners' Association requesting street
improvements.
Council Member Sniff believed that there needs to be some sincere contact and effort
from staff promptly, with the residents to determine if there is an interim solution to their
problems.
Mayor Pena suggested that staff meet with Mr. Reynolds and Mr. Palmer and see if
something can be done.
In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that if
they want to pay for the streets themselves; the speediest way would be for the City to
create an assessment district.
c. Letter from Fred Wolff regarding use of copy machine for Bystrice Think Tank.
Council Member Bangerter advised that she has become aware of the extent of the City's
involvement in the Bystrice Think Tank and asked if the Council wished to reconsider
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their previous decision of not allowing the use of the City's copy machine.
Mayor Pena expressed concern about setting a precedent and opening the doors to other
organizations. He noted that the Arts Foundation and local businessmen also have copy
machines which might be made available for this use
Council Member Sniff felt that there is a demonstrable relationship between the City and
the Bystrice Think Tank which would set this request apart from others. He supported
setting a limit of $5.00 per month for these copies.
Mayor Pena believed that if this request is going to be approved, then a policy needs to
be established.
Council Member McCartney agreed that this is a unique situation and these requests can
be addressed on a case-by-case basis.
Council Member Sniff believed that there needs to be some formality as to the amount
and suggested that it be limited to $5.00 per month as requested and if there needs to be
an adjustment, they can bring it back to the City Council for re-evaluation and any other
request should be on a case-by-case basis.
Council concurred.
d. Letter from the Office of the Grand Jury regarding the Coachella Valley Mosquito
Abatement District.
Mayor Pena suggested that we talk to the City's representative to get his comments.
Council concurred.
C. Letter from Paul Quill regarding Assessment District 92-1 Phase V Improvements.
Read under Public Comment.
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BUSINESS SESSION
ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT
PLAN 93-495 REVISION) TO ALLOW CONSTRUCTION OF MIXED-USE
COMMERCIAL PROJECT AT THE SOUTHEAST CORNER OF HIGHWAY 111
AND WASHINGTON STREET ON 5.6 ACRES IN A C-P-S COMMERCIAL
ZONE. APPLICANT: MR. PHILIP PEAl), PRESIDENT OF SIMON PLAZA.
Mr. Herman, Planning Director, advised that Plot Plan 93-495 is a revision to Plot Plan
91-466 which expired in 1993. The revised Plot Plan eliminated the bowling alley, the
fitness center and created a configuration of a two-story parking garage; a four-story
office building; a restaurant and a medical complex by the restaurant The revised plan
eliminated about 44,000 sq. ft. from the original proposal.
The Planning Commission conducted a public bearing on May 11th and recommended
approval on a 4-1 vote. He then pointed out some of the modifications made by the
Planning Commission which included elimination of some Design Review Board
considerations and a condition relating to some improvements to Washington Street
including participation in the signal at Highway 111/Simon Dr. The original conditions
were recommended as being consistent with prior recommendations of staff and prior
actions of the City Council whereby adjacent developers pay their proportionate share of
street improvements to the centerline. The condition recommended by staff was an
attempt to create a condition to have the City do the necessary improvements on
Washington and the intersection, with the applicant reimbursing the City The revision
by the Planning Commission will cost the City an additional $150,000. The conditions
added by the Planning Commission deals with a theme plaza at the intersection of Hwy.
111/Washington and limiting the office complex to three stories as opposed to four
stories.
Council Member Mccartney asked how the $150,000 was arrived at and Mr. Speer,
Ass't. City Engineer, advised that it is based upon $3.00 per sq. ft. for the median and
based on an approximate amount for the incremental widening
Mr. Herman noted that the Council cannot change any conditions unless they call it up
for public hearing.
Phil Pead, 78-611 Highway 111, applicant, presented the conceptional elevations for the
three-story office building. Regarding the comments relative to sharing the cost of street
improvements, when you look at the density of the project going from 126,000 sq. ft.
down to 82,000 sq. ft.; it's economically inviable for them to make those improvements.
The fact that they lowered the building to three stories and put the third story on the
parking garage increased their cost greatly.
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Council Member McCartney questioned the number of employees anticipated and
whether or not a child care center is being included and Mr. Pead advised that there will
be about 150 employees; also a child care center was included in the original proposal,
but not in the revised plan. They had a 1,500-2,000 sq. ft. child care center with
outdoor facilities.
Council Member McCartney felt that with 150 employees there should be a child care
center provided, recognizing that it can be more modest than originally proposed.
Mayor Pena expressed concern about the Planning Commission imposing a condition on
the City that we share in the $150,000 of the street widening and questioned whether or
not that authority is vested in the Planning Commission. His other concern was the
reduction in the applicants share of the traffic signal.
Mr. Herman, Planning Director, advised that the overall density was reduced by 44,000
sq. ft. and the applicant made a strong pitch to the Planning Commission that they put
in the prior improvements when the Parcel Map was created in the County. He assumed
that the Planning Commission felt that they were burdening the applicant again for those
improvements. He pointed Out to the Planning Commission that the City has always
attached like conditions to projects. This condition is not consistent with conditions
imposed on others, citing TDC who had to build half the streets.
Mayor Pena was concern that we meet all the Specific Plan policies established for
Highway 111 and Mr. Herman advised that this project meets the General Plan and
zoning requirements for construction of this project along Highway 111.
In response to Council Member Sniff, Mr. Herman advised that the applicant is
conditioned to pay for the street widening on Washington St. from the curb to the new
property line including the sidewalk; to participate in the signal at Highway
111/Washington in the amount of 5%; to participate in the signal at Highway 111/Simon
at 12.5%; and to participate in their proportionate share of Highway 111 improvements
and dedication of land.
Mr. Phil Pead advised that they have about $740,000 in engineering costs involved in
this project.
In response to Council Member Bangerter, Mr. Herman advised that the applicant
constructed the prior infrastructure.
Fred Simon, advised that they were never notified of the General Plan change for the
Washington St. corridor and therefore, never had an opporturnty to participate in that
discussion. When the parcel in question was improved, they dedicated 60' to
Washington St. and they're dedicating another 1/2 now and they put in the road and
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curb/gutter/sidewalkslhydrants and drainage.
Council Member Sniff felt that this is an unusual situation and would support the
Planning Commission recommendation.
Council Member McCartney would have liked to have the opportunity to require a child
care facility.
Council Member Sniff commented that they have indicated that they would give it some
consideration and Council Member Bangerter suggested that there are other child care
things going on in the Valley they could participate in.
In answer to Council Member Perkins, Mr. Herman advised that the three-story structure
is 40' and the top of the tower is 50'.
MOTION It was moved by Council Member Sniff/Perkins to accept the report of the
Planning Commission action on Plot Plan 93-495 revision to allow construction of a
mixed-use commercial project(182,013) sq. ft. on +5.6 acres at the southeast corner of
Highway 111 and Washington St. in C-P-S Zone. Applicant: Simon Plaza, Inc., Mr.
Philip Pead. Motion carried unanirnously. MINUTE ORDER NO.93-119.
2. CONSIDERATION OF APPROVAL OF CIVIC CENTER CONTRACT CHANGE
ORDER NO.68- AMERICANS WITH DISABILITIES ACT.
Mr. Reynolds, Public Works Director, advised that this is the sixth and final change
order relative to the ADA. The amount of the change order is $14,572 and
recommended approval.
Jim Collins, legislative Analyst with the Paralyzed Veterans of America, advised that
he has been involved in the ADA and represents the Department of Rehabilitation and
wished to be sure that people with disabilities are considered in the design of the Civic
Center and that it complies with the ADA. He has offered his services to review the
building to make sure it complies, but has not been contacted.
Mayor Pena advised that staff will be in contact with him.
MOTION It was moved by Council Members SnifflMcCartney to approve Civic Center
Contract Change Order No.68 in the amount of $14,572 and authorize the City Manager
to execute same. Motion carried unanimously. MINUTE ORDER NO.93-120.
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3. CONSIDERATION OF ADOPTION OF PROCEDURES TO FORM PROJECT
AREA COMMITTEE FOR PROJECT AREA NO. 1/NO. 2 MERGER.
Council Member Bangerter abstained due to a conflict of interest and left the dais.
Mr. Genovese, Ass't. City Manager, advised that the matter before the Council is
adoption of procedures for the formation of a Project Area Committee for the merger of
the Redevelopment Project Areas No.1 and No.2. The primary role of the PAC is to
provide input to the Agency on policy matters that deal with the plarming and provision
of residential facilities and replacement housing for those that may be displaced by the
merged project and other policy matters that affect residents within the Project Area.
The PAC will be formed at a meeting on June 7th at La Quinta Middle School.
RESOLUTION NO.93-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
ADOPTING PROCEDURES FOR THE FORMATION OF A PROJECT AREA
COMMITTEE FOR THE LA QUINTA REDEVELOPMENT PROJECT AND
PROJECT NO.2 AS PROPOSED TO BE MERGED AND CALLING FOR THE
FORMATION OF A PROJECT AREA COMMITTEE.
It was moved by Council Members Sniff/Mccartney that Resolution No. 93-41 be
adopted as submitted. Motion carried unanimously with Council Member Bangerter
absent.
4. CONSIDERATION OF SPACE UTILIZATION OF ADMINISTRATIVE AREA OF
THE CIVIC CENTER.
Mr. Hunt, City Manager, advised that as directed on May 4th, staff has taken a look at
the administrative area of the Civic Center and has come up with three options. He
recommended that Option No. 1 be approved at an estimated cost of $7,500.
Additionally, he recommended that staff come back to the Council three months after
move-in with a space-utilization analysis based on actual use of the facility.
Council Member Sniff advised that he has given this matter a lot of thought and isn't in
favor of doing any reconstruction work at this time. He preferred to 1) move-in as
originally programmed; or 2) move-in leaving the City Manager's office vacant and
moving all offices downward not doing any reconstruction work at this time. He
preferred Option 2.
Mayor Pena believed that we should move-in as originally planned and let staff come
back with any suggestions for change after three months.
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Council Member Perkins concurred, saying that he could not support any reconstruction
at this time.
Council Member Mccartney agreed that no additional monies should be spent at this
time, but he supported making the City Manager's office a reference library as indicated
in Option 1.
Council Member Bangerter did not wish to spend any additional money at this time and
had no strong feelings either way whatever the City Manager feels comfortable with
was fine with her.
MOTION It was moved by Council Member Perkins/Mayor Pena that no modifications
be made to the administrative area of the Civic Center and that staff is to return to
Council three months after move-in with a space-utilization analysis based on actual use
of the facility.
Mayor Pena felt that we need to move-in and if the City Manager wants to move-in the
Manager's office, he can, if he doesn't, that's part of his analysis.
Council Member Sniff preferred to see us move-in the way we're going to be rather than
moving again after move-in. He preferred that the City Manager's office be left for
Council's use for two Council Members and wished to see that done up-front. He could
not support the motion if it's going to be left up to the City Manager he wanted to see
the use of that office pre-determined.
Council Member McCartney concurred with Council Member Sniff.
Motion failed to carry with Council Members Bangerter, Sniff and McCartney
voting NO.
MOTION It was moved by Council Members Sniff/McCartney to move-in into the new
Civic Center and that the currently designated City Manager's office be left vacant for
other determined uses at an early date and that all the administrative offices be moved
down one level. Motion carried with Council Member Perkins voting NO. MINUTE
ORDER NO.93-121.
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CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED MAY 18,1993.
2. ADOPTION OF RESOLUTION DETERMINING THAT CERTAIN PUBLIC
IMPROVEMENTS ARE OF BENEFIT TO THE IMMEDIATE NEIGHBORHOOD
AND DEThRMINING THAT NO OTHER REASONABLE MEANS OF
FINANCING ARE AVAILABLE TO THE COMMUNITY WHITEWATER
BRIDGE IMPROVEMENTS).
MOTION It was moved by Council Members Sniff/McCartney that the Consent
Calendar be approved as recommended with Item No. 2 being approved by
RESOLUTION NO.93-42. Motion carried unanimously. MINUTE ORDER NO.93-
122.
DEPARTMENT REPORTS
Mr. Hunt, City Manager, advised that staff has distributed the Emergency Medical Services
Multi-System Plan and there are a number of public hearings coming up. Staff is looking for
Council, 5 direction as to attendance.
Council concurred on directing staff to attend and report back.
Council Member McCartney asked staff to report back on the objective that was in the packet
relating to financing the Riverside County EMS System.
Ms. Honeywell, City Attorney, advised that the Aihambra case against the State is going
forward it's at the Trial Court. There is a movement to solicit other cities to join with
Alhambra or a second suit that addresses the same issues.
Mr. Herman, Planning Director, reminded the Council of the joint meeting with the Planning
Commission/Design Review Board on May 25th at 7:00 P.M.
Mr. Reynolds, Public Works Director, advised that carpeting is due to be installed in the Civic
Center May 28th with furniture due for move-in June 7th. The contractor is looking for
substantial completion by June 15th and it appears that the schedule for move-in of July 10th is
remaining firm. He also noted that he was interviewed by KESQ on-site today.
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Council Member Sniff asked that staff address Mr. Langer's request and clarify the matter.
MAYOR AND COUNCIL MEMBER ITEMS
Discussion Regarding Direction to Staff to Analyze the Formation of a Neighborhood
Action Program.
Council Member Bangerter presented a proposal to form a Neighborhood Action
Program and asked Council if they would be interested in directing staff to look into the
possibility. The idea behind the program is to promote citizen awareness and
participation in local government. It would help citizens to communicate their concerns
to City policy-makers and professional staff. Some issues they could be involved in
would be land development, traffic, public safety, etc. She then outlined the proposal
in more detail regarding number of teams, membership, etc. written proposal is on file
in the City Clerk's office).
Council Member McCartney felt that it's an excellent idea that it would give each
neighborhood greater control over their area and would provide the City with a better
means of communication with the various neighborhoods. He's had preliminary
discussions with Ron Loveridge, a Council Member in Riverside, who was instrumental
in starting these neighborhood action teams in Riverside. They have been warmly
received in that City. He suggested that staff be directed to investigate the proposal and
to contact Mr. Loveridge.
Council Member Sniff supported the idea, but there are a number of questions, such as,
definition, role, power, membership, how appointed/dismissed, term, geographic areas,
relationship to property owners associations, staff support, recordkeeping, frequency of
meetings, selection of officers, Brown Act, etc. He suggested that we start with a proto-
type and see how it works.
Council Member Perkins supported the idea, but had concerns and questioned the goal
there needs to be something specific for them to focus on. He was also concerned about
staff time involved. He agreed with starting with a proto-type.
Mayor Pena said that Council Member Sniff raised a number of questions which should
be taken into consideration and asked if this would be taking away some power from the
Planniiig Commission. Staff time is a concern. He wasn't opposed to organizing
residents of the community to be active, but had a lot of concerns about the appointment
process and powers they may have and whether or not they would be subject to the
Brown Act.
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Council Member Sniff suggested that staff be asked to bring this back as an agenda item
at the next meeting and then decide whether or not to refer it to staff for investigation.
Council Member Bangerter suggested that we wait 30-days so staff can do some
preliminary investigation.
Council concurred.
CLOSED SESSION
a. Discussion of on-going litigation pursuant to Government Code Section 54956.9
International Treasury Management/Denman
Iowa Trust
Mike Hudson vs City of La Quinta
b. Discussion of Personnel pursuant to Government Code Section 54957
Personnel Evaluation
Labor Negotiations
Council recessed to Redevelopment Agency.
Council recessed until 7:00 P.M.
PRESENTATIONS
Mayor Pena presented the April La Quinta Beautiflil Awards to the following:
Residence: Antonio & Lydia Ibarra, 54-565 Ramirez
Business: Beef N Brew Restaurant, 78-483 Highway 111
PUBLIC COMMENT
1. TENTATIVE TRACT MAP 25499 REVISED) REQUEST FOR A SECOND ONE-
YEAR EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED SUBDWISION
MAP WHICH DWIDED 88.5 ACRES INTO 33 RESIDENTIAL CONDOMINIUM
LOTS TO ALLOW DEVELOPMENT OF 308 CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED EASThRLY OF LAKE CAHUILLA &
NORTH OF 58TH AVENUE WITHIN PGA WEST. APPLICANT: MR. ALAN R.
LEVIN, SUNRISE CO.
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Council Member McCartney abstained due to a conflict of interest and left the dais.
Mr. Herman, Planning Director, advised that the applicant, Sunrise Co., is requesting
an extension of tirne for the last phase Phase 5) of Tract 25499. The Planning
Commission has recornrnended approval subject to existing conditions
ALAN LEVIN, Vice President of Sunrise Co., was present to answer any questions.
The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to
speak, the PUBLIC HEARING WAS CLOSED.
RESOLUTION NO.93-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING TENTATIVE TRACT 25499 REVISED), 2ND
EXTENSION OF TIME TO ALLOW THE CREATION OF A CONDOMINIUM
SUBDIVISION.
It was moved by Council Members Sniff/Bangerter that Resolution No. 93-43 be
approved as recommended. Motion carried with Council Member McCartney absent.
2. TENTATIVE TRACT MAP 23971 REQUEST FOR A THIRD ONE-YEAR
EXTENSION OF TIME FOR A TRACT WHICH SUBDIVIDES 70-ACRES INTO
228 SINGLE-FAMILY LOTS AT THE NORTHEAST CORNER OF
WASHINGTON STREET AND MILES AVENUE. APPLICANT: DEANE/LA
QUINTA L. P. BY DEANE HOMES.
Mr Herman, Planning Director, advised that the applicant, Deane Homes, is requesting
the third and final extension of tirne for Tract 23971. The Planning Commission has
recommended approval with modification of some of the conditions to bring them in line
with current standards and requirements.
STEVE ROBB INS, representing Deane Homes was present to answer any questions.
The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to
speak, the PUBLIC HEARING WAS CLOSED.
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RESOLUTION NO.93-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING REVISED TENTATIVE TRACT 23971, THIRD AND
FINAL EXTENSION OF TIME. CASE NO. REVISED TT 23971, EXThNSION
OF TIME DEANE HOMES.
It was moved by Council Members Sniff/Bangerter that Resolution No.93-44 be adopted
as submitted subject to all recommended conditions. Motion carried unanimously.
3. ZONING ORDINANCE AMENDMENT 93-032- AMENDMENT TO CHAPTER
9.32 R-1 ZONE ONE-FAMILY DWELLINGS) OF THE MUNICIPAL CODE.
Mr. Herman, Planning Director, advised that this matter has been before the Council
previously at which time, the Council asked for modifications dealing with hoofed
animals. Hoofed animal has been defined with examples. The intent of modifying the
R- 1 Zone is to allow the equestrian overlay zone to be the zone which permits the largest
number of animals the standard R-1 Zone limits the number of animals.
The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to
speak, the PUBLIC HEARING WAS CLOSED.
MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance
No. 228 by title and number only and waive further reading. Motion carried
unanimously.
ORDINANCE NO.228
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 9.32- R-1 ZONE ONE FAMILY
DWELLINGS) OF THE LA QUINTA MUNICIPAL CODE. CASE NO.: ZOA 93-
032- CITY OF LA QUINTA.
It was moved by Council Members Sniff/Bangerter that Ordinance No.228 be introduced
on first reading. Motion carried by the following vote:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
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STUDY SESSION
1. PRESENTATIONS BY APPLICANTS FOR INVESTMENT ADVISORY BOARD
AND CONSWERATION OF SELECTION OF BOARD MEMBERS.
Each of the following individuals proceeded to make presentations to the City Council:
Jesus Arguelles interviewed earlier)
Diana Brown
Helen Gureath
Ernest Edward Hott
Tom Lewis
Bruce Sales
Sharon Sargent
Jack Wilson
Following the presentations, the Council balloted ballots are on file in the City Clerk's
office
MOTION It was moved by Council Members Bangerter/McCartney that Tom Lewis
and Jack Wilson be appointed to the Investrnent Advisory Board for the two-year terms
and that Diana Brown, Helen Gilreath and Bruce Sales be appointed for one-year terms
and that the remaining applications be kept on file for three months. Motion carried
unanimously. MINUTE ORDER NO.93-123.
There being no hirther business, the meeting was adjourned at 7:53 P.M. upon motion by
Council Members Sniff/Bangerter
Re e tfully submitted
AUNDRA Clerk
City of La Quinta California
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