1992 07 21 CC Minutes1
LA QUINTA CITY COUNCIL
MINUTES
JULY 21, 1992
Regular meeting of the La Quinta City Council was called to order
at 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance.
PRESENT: Council Members Bohnenberger, Rushworth, Sniff, Mayor
Pena
ABSENT: Council Member Franklin
MOTION It was moved by Council Members Bohnenberger/Sniff to
excuse Council Member Franklin. Motion carried unanimously.
CONFIRMATION OF AGENDA
Mr. Warden, Interim City Manager, asked that Business Session No.
7 be continued to August 4, 1992 for further negotiations.
APPROVAL OF MINUTES
MOTION It was moved by Council Members Sniff/Rushworth that the
Council Minutes of June 10, June 29, July 7 and July 9, 1992 be
approved as submitted. Motion carried unanimously.
ANNOUNCEMENTS None
PRESENTATIONS
Frank Reynolds, President of La Quinta Rotary Club, presented the
Mayor and Council with a check in the amount of $10,000 as the
first installment toward the bronze sculpture for the Civic Center.
Council expressed sincere appreciation.
Fred Wolff introduced the following individuals visiting from
Czechoslovakia:
Libuse Filipczykova, Jitka Kozdonova, Jiri Pavlas, Anna Sikorova,
and Iwona Senkerikova
Mr. Wolff presented the Council with a brochure giving recognition
to all of the supporters and contributors and giving brief
biographies of each individual.
Mayor Pena gave a warm welcome to the City's guests and advised
that they will be having dinner with the Council later in the
evening.
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City Council Minutes 2 July 21, 1992
PUBLIC CO?MENT
Charlene Grubb, 52-911 Velasco, addressed the Council on the matter
of the gang problem on her Street advising that she's called the
Sheriff's Department about 15 times during the past 45 days. She
questioned the City's involvement in eliminating the problem. She
and her family have been threatened by these gang members. She
believed that this needs to be a community effort.
Mayor Pena advised that there is a community grass-roots effort
currently going on to analyze the problem and attempt to come up
with a solution to stem the tide of what we perceive as this gang
take-over in all communities in the Country. He agreed that the
entire community needs to get involved.
Council Member Sniff suggested that appropriate City staff look
into possible solutions that have been developed in other cities
and come forth with a series of recommendations, hopefully at the
meeting of August 4th.
Mayor Pena noted that there may be some things we can do legally,
to strengthen City Codes relative to things like curfew. CVAG has
also formed an ad hoc committee to deal with this problem so that
it can be looked at on a valley-wide basis noting that there are
ways in which the sale of spray cans can be prohibited, but that is
something which needs to be done on a regional basis. Also,
enhanced patrols on a random basis throughout the coming months
will help.
WRITTEN CORRESPONDENCE None
BUSINESS SESSION
1. CONSIDERATION OF DESIGN CONCEPT FOR THE CIVIC CENTER
LANDSCAPING TKD ASSOCIATES.
Tom Doczi, Landscape Architect with TKD & Associates, gave a
presentation of four different preliminary landscape design
concepts for the Civic Center landscape master plan. He
advised that they have had a series of meetings with
representatives of the La Quinta Arts Foundation and City
staff. One of the first things they touched on was to develop
a program for the site itself which included the site
analysis, the building locations and the existing grading.
Presently, there is a 12'-14' deep retention basin on site,
which is a concern as to how to deal with it in relationship
to other site activities.
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City Council Minutes 3 July 21, 1992
Mr. Doczi said that it's anticipated that the project will
progress to the stage of awarding a contract in September. He
expected a 4-6 week construction time for the well site, at
which time, there will then be water for the landscaped area.
He then proceeded to review the four design concepts, the
details of the first three are delineated in the staff report
on file in the City Clerk's office. Concept #4, which was not
included in the report incorporated many of the same ideas of
Concept #2 and concentrates the activity area to a specific
area, rather than spreading it around the site. Concept #4
also provides for access from the Tampico parking lot to the
rear lot off of Washington St. The common element in each
concept is provision for some grading to fill the retention
basin up to a depth of approximately 7' depending on the
concept, in order to make the site more functional.
Mr. Doczi advised that at this point, he was looking for
Council direction as to which concept to develop with a more
detailed site plan, detailing the plaza and site furnishings,
etc.
In response to Council Member Bohnenberger, Mr. Doczi advised
that there will be provisions for temporary fencing with
permanent sleeves installed.
Mr. Doczi then presented slides showing examples of the
different types of features that can be incorporated in the
project using water, colored concrete, plantings, etc.
Council Member Sniff commented on the need to accommodate the
Arts Festival, but the area needs to be multi-functional. He
wished to see it be strictly pedestrian. He liked Concept #3
as it had a feeling of a broad sweep with interest areas" and
was not chopped up. He also liked the choice of site for the
well and restroom. He asked if the project can be phased over
about two or three phases with it being functional at the end
of the first year.
In response to Mayor Pena, Mr. Doczi advised that electrical
service is being included in the project plans.
In response to Council Member Bohnenberger, Mr. Herman advised
that these concepts have not been before the Community
Services Commission nor the Design Review Board.
Council Member Bohnenberger said that he was leaning toward
something between Concepts #2 and #4, as they give the area
more interest by breaking up the areas into smaller, more
intimate areas. However, he wasn't comfortable with endorsing
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City Council Minutes 4 July 21, 1992
any concept at this time. He particularly liked the large
central plaza in #2 which has been understated in #4.
Mayor Pena concurred on something between Concepts #2 and #4.
He particularly liked the knob that comes out of the parking
lot that breaks up the parking lot area. The amphitheater
provides for a multitude of uses. He questioned the depth of
the amphitheater in #2.
Mr. Doczi advised that it is from 4 to 7'.
In further response to Mayor Pena, Mr. Doczi advised that the
ADA is being taken into consideration in the design of the
project.
Council Member Sniff expressed concern over possible lack of
air circulation in the amphitheater with it being a depth of
7.
Mr. Doczi believed that the distance from the buildings might
allow for more air space than might be possible if it was up
closer to buildings. He added that the total seating lawn
and permanent) is about 7,000.
Council Member Rushworth favored Concept #3, but wished to see
more emphasis put on the amphitheater.
Council concluded in asking that Mr. Doczi take the Council's
comments into consideration in preparing two additional
concepts for presentation to the Council.
Mr. Herman noted that the Arts Foundation has decided to have
their 1993 Festival in the park, which will loosen up this
time frame to allow for processing the two new concepts
through the Community Services Commission, Design Review Board
and Planning Commission.
2. CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT FOR CALLE
TAMPICO IMPROVEMENTS BETWEEN EISENHOWER DRIVE AND WASHINGTON
STREET.
Mr. Reynolds advised that the Tampico widening project was
opened last Friday and staff has received a summary of the
bids received. The low bidder was Granite Construction in the
amount of $1,402,402. The Engineer?s estimate was $2.5
million. He recommended that the bid be awarded to Granite.
Council Member Bohnenberger hoped that Granite will be better
at keeping with their schedule than was their predecessor.
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City Council Minutes 5 July 21, 1992
Mr. Reynolds advised that he has had experience with them in
Northern California and found them to be excellent to work
with. He was confident that they will do an excellent job for
the City.
Council Member Sniff expressed the same concerns as Council
Member Bohnenberger and asked if there are any means by which
they can be held accountable.
Mr. Reynolds advised that any contract specifications call for
liquidated damages or actual damages. If they don't complete
on time, we have the option of charging them for such things
as inspection fees, testing, etc.
Ms. Honeywell concurred with Mr. Reynolds.
MOTION It was moved by Council Members Bohnenberger?
Rushworth that the bid for Project No. 92-12, Calle Tampico
widening, be awarded to the low bidder, ranite Construction,
in the amount of $1,402,402.
Council Member Sniff noted that Council has previously asked
staff to prepare a complete evaluation of the City's financial
position including a prioritization of the City's capital
improvement program and questioned the status of same.
Mr. Warden, Interim City Manager, advised that staff is
working on it and noted that this particular project has had
a high priority.
In response to further questions by Council, Mr. Reynolds
advised that the bid price includes the installation of sewers
and the time frame is 120 days.
Motion carried unanimously. MINUTE ORDER NO. 92-150.
3. CONSIDERATION OF REQUEST BY GRUEN AND ASSOCIATES FOR
ADDITIONAL COMPENSATION IN CONNECTION WITH CIVIC CENTER
DESIGN.
Mr. Warden, Interim City Manager, advised that the City has
had a request by Gruen & Associates for an adjustment of
$127,043 in their fee as a consequence of what they have
asserted to be City-approved and requested changes to the
project. As a result of meetings with them, there is no doubt
that they did the work. However, it's questionable as to
whether or not they actually received authorization to proceed
with each of the elements as the contract requires. He
presented the Council with four options: 1) deny the request;
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City Council Minutes 6 July 21, 1992
2) acknowledge the claim; 3) agree to their offer of $90,000
as full payment; or 4) offer to split the requested amount.
Council Member Bohnenberger felt that some of the work was
authorized, but also believed that some of the work should be
part of a normal architectural contract. Therefore, he could
support a split of the fee between the City and Gruen.
MOTION It was moved by Council Members Sniff/Rushworth to
offer to split the fee with Gruen & Assoc. authorizing payment
of $63,521.50 and further that Gruen & Assoc. agree that this
is full and final payment for this claim. Motion carried
unanimously. MINUTE ORDER NO. 92-151.
4. CONSIDERATION OF APPROVAL OF REQUEST BY LUSARDI CONSTRUCTION
CO. FOR STEEL SUB-CONTRACTOR SUBSTITUTION ON THE CIVIC CENTER
PROJECT.
Mr. Reynolds advised that Lusardi Construction Co. has had
some difficulty with the steel contractor and is in a position
of needing a new sub in order to complete the job. The
State's Public Contracts Code had been Complied with in this
matter and no protest has been received from Kelly Steel. He
recommended that the substitution of Mountain States Steel be
authorized. He noted that they are a local contractor.
MOTION It was moved by Council Members Sniff/Bohnenberger to
authorize the substitution of Kelly Steel with Mountain States
Steel as the steel sub-contractor on the Civic Center project.
Motion carried unanimously. MINUTE ORDER NO. 92-152.
5. CONSIDERATION OF APPROVAL OF REQUEST BY LUSARDI CONSTRUCTION
CO. FOR PLUMBING SUB-CONTRACTOR SUBSTITUTION ON THE CIVIC
CENTER PROJECT.
Mr. Reynolds advised that HTH, the named plumbing sub-
contractor in the bid has not performed and has closed their
doors. Chapman Mechanical, who is local is being requested as
a substitute.
MOTION It was moved by Council Members Sniff/Rushworth that
the substitution of Chapman Mechanical be approved as
subcontractor in place of HTH Plumbing on the Civic Center
Project. Motion carried unanimously. MINUTE ORDER NO. 92-
153.
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City Council Minutes 7 July 21, 1992
6. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 92-488 TO
ALLOW CONSTRUCTION OF A PORTION OF PHASE 2 IN THE 111 LA
QUINTA CENTER BOUNDED BY HIGHWAY 111, WHITEWATER STORM
CHANNEL, WASHINGTON STREET AND ADAMS STREET. APPLICANT:
TRANSPACIFIC DEVELOPMENT. WASHINGTON/ADAMS PARTNERSHIP).
Mr. Sawa, Principal Planner, advised that the subject Plot
Plan is for a portion of Phase II of 111 La Quinta Center.
This application includes a 66,450 sq. ft. Phar-Mor store and
a smaller major of 14,960 sq. ft. and shops containing 9,700
sq. ft. The architecture of the building matches that
approved for the Albertsons and adjacent shops. The approval
included the Phar-Mor sign which is 243 sq. ft., which is
larger than permitted; however, the Code does allow a sign
adjustment, which was approved by the Planning Commission.
The justification for the approval was based upon the set-back
and the need to have a sign that can be read adequately from
the highway.
Mr. Sawa advised that the Planning Commission has approved the
Plot Plan with conditions including a condition that there be
additional wall treatment on the two sides of Phar-Mor. He
added that when the Specific Plan was approved, a negative
declaration was adopted and since that time, there have been
no significant changes in the project which warranted any
additional environmental review.
THOMAS CHILDERS, representing Washington/Adams Partnership,
46-100 1/2 Washington Street, advised that they are in
agreement with the recommended conditions. In response to
questions by Council, Mr. Childers advised that they hope to
be under construction in about two to three months. The
stores that are going in are Petris, Anna's Linen, Payless and
Clothes Time. They are using all local sub-contractors.
WalMart will be opening in late September and Albertson?s plan
to be stocking over Thanksgiving.
NOTION It was moved by Council Members Bohnenberger/
Rushworth to accept the report of Planning Commission action
on Plot Plan 92-488. Motion carried unanimously. MINUTE
ORDER NO. 92-154.
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City Council Minutes 8 July 21, 1992
7. CONSIDERATION OF APPROVAL OF LEASE WITH MARUKO, INC. FOR THE
SENIOR CENTER FACILITY FROM JUNE 1, 1992 THROUGH DECEMBER 31,
1993.
MOTION It was moved by Council Members Sniff/Bohnenberger to
continue this matter to August 4, 1992. Motion carried
unanimously. MINUTE ORDER NO. 92-155.
8. CONSIDERATION OF ADOPTION OF RESOLUTION ESTABLISHING THE
CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 1992-93 AND
APPROVING A BUDGET FOR FISCAL YEAR 1992-93.
Mr. Genovese, Ass't. City Manager, advised that the Council
has received a final draft of the proposed budget for 1992-93
Fiscal Year including a budget message reflecting the elements
of the budget. Regarding the proposed resolution, he asked
that a Section 8 be added to read The City Council hereby
affirms the fact that any funds appropriated but not spent
shall accrue to the City's reserve contingency fund account
consistent with the City's prior practices".
RESOLUTION NO. 92-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR
FISCAL YEAR 1992-93 AND APPROVING A BUDGET FOR FISCAL YEAR
1992-93.
It was moved by Council Members Sniff/Bohnenberger that
Resolution No. 92-68 be adopted as amended.
Council Member Bohnenberger felt that more could have been
done to eliminate the deficit this budget calls for. Re felt
that Mr. Genovese deserves applause for putting together this
document through some trying times.
Council expressed thanks to Mr. Genovese and all City staff
for their efforts.
Motion carried unanimously.
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City Council Minutes 9 July 21, 1992
9. SECOND READING OF ORDINANCES:
ORDINANCE NO. 209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 2.18 TO THE LA QUINTA MUNICIPAL
CODE REGARDING COMMUNITY SERVICES COMMISSION.
It was moved by Council Members Sniff/Bohnenberger that
Ordinance No. 209 be adopted on second reading. Motion
carried by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: Council Member Franklin
ORDINANCE NO. 210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADDING CHAPTER 3.14 TO THE LA QUINTA MUNICIPAL
CODE AUTHORIZING CERTAIN OFFICERS OF THE CITY TO SIGN CITY
WARRANTS.
It was moved by Council Members Sniff/Bohnenberger that
Ordinance No. 210 be adopted on second reading. Motion
carried by the following vote:
AYES. Council Members Bohnenberger, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: Council Member Franklin
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER.
2. APPROVAL OF AGREEMENT WITH RIVERSIDE COUNTY OFFICE ON AGING
FOR TITLE IIIB PROGRAM.
3. APPROVAL OF POSITION CLASSIFICATION FOR FINANCE DIRECTOR AND
AUTHORIZATION TO PROCEED WITH RECRUITMENT.
MOTION It was moved by Council Members Sniff/Bohnenberger
that the Consent Calendar be approved as recommended. Motion
carried unanimously. MINUTE ORDER NO. 92?156.
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City Council Minutes 10 July 21, 1992
STUDY SESSION
1. PRESENTATION OF PRELIMINARY DESIGN OF THE LA QUINTA SENIOR
CENTER.
John walling, Architect, presented the preliminary design for
the Senior Center, advising that it's a result of meetings
with Marilyn Smith, Senior Center Coordinator and City Staff
and the seniors. The building is currently being designed at
10,600 at an estimated cost of $100-$120 sq. ft. He then
proceeded to walk through" the design. The primary issue is
the division of money, since part of the project is being paid
for with Federal Funds Community Development Block Grant
Funds). He concluded that the building is architecturally
compatible with the Civic Center and they are on a fast
track" the next process is to go through the Planning
Commission and Design Review Board.
Discussion ensued with regards to the type of kitchen and
whether or not the restrooms could be accessible to the
outside when the park area is in use.
Relative to questions regarding the stage, Mr. Paul Stone, a
senior, advised that the stage will be used extensively for
the instructor for exercise classes and various dance classes.
David Orme, a Senior Center Volunteer, spoke to the need for
a stage and the need for a full, functional kitchen.
Council Member Sniff felt that the kitchen should be
functional and that consideration should be given to being
able to use the restrooms for other activities.
DEPARTMENT REPORTS
Mrs. Juhola advised that the Board of Desert Sands Unified School
District is suggesting a joint meeting between the Council and
Board be held at 4:00 P.M. on August 4th.
Council Member Bohnenberger suggested that this meeting be
postponed until September when more people are in town.
Council asked staff to try to re-schedule in September and if that
isn't workable with the School Board, then to leave it for August
5th, but in the evening.
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City Council Minutes 11 July 21, 1992
In response to Council Member Bohnenberger, Mrs. Juhola advised
that the following individuals currently have nomination papers:
For Mayor: John Pena, William Rushworth
For Council: Robert Metkus, Glenda Bangerter, Peter Zelles and
Ron Perkins
Mr. Herman presented the Council with a report from the Art in
Public Places Committee on their recent conference in Phoenix.
Council recessed to Redevelopment Agency Meeting.
Council recessed to 7:00 P.M.
Council Member Rushworth left the meeting at this time.
PRESENTATIONS
Mayor Pena advised that the La Quinta Beautiful Landscaped for
Ecology" award winner for June is Kristen Radaker Foster, 51-255
Avenida Diaz.
PUBLIC COMMENT
Gerald Jennings, 51-635 Juarez, President of Local Jobs for Local
People, Inc., advised that the Council previously asked this
organization to show support to the cities throughout Coachella
valley regarding the State raiding the local treasuries. They have
done so by expressing concern in a televised press conference on
June 19th. Local Jobs for Local People are asking the cities to
ask for the willingness of all contractors and sub-contractors to
employ a fair percentage of locals in any contract let by the City.
He asked that the City take any steps necessary to turn the tide.
He asked that the City act swiftly in order to avoid this matter
being taken to the streets.
PUBLIC COMMENT
Jeff Hines, 53-120 Mendoza, addressed the Council on the issue of
gang activity in the community advising that there is a problem
with graffiti, gangs and destruction of personal property in the
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City Council Minutes 12 July 21, 1992
City. We have to put a stop to all this reckless violence and
destruction.
Mayor Pena advised that the City is looking into this matter and is
currently looking into instituting additional patrol to curb
graffiti and gang violence. He also advised of the grass roots"
effort underway and asked Mr. & Mrs. Hines to call him and he will
put them in contact with the appropriate people in order to join
this effort.
Mayor Pena also advised of a program being implemented by the
Sheriff's Department called STEP", in which the kid's parents are
put on notice that their child may be involved in a potential gang
situation where the parents can be held civilly and possibly
criminally liable for the actions of their kids.
PUBLIC HEARINGS
1. STREET VACATION 92-021 VACATION OF A 40-FOOT WIDE STORM
DRAINAGE EASEMENT AT THE NORTHWEST CORNER OF AVENIDA MONTEZUMA
AND AVENIDA JUAREZ. APPLICANT: RICK MORRIS.
Mr. Herman, Planning Director, advised that Mr. Rick Morris
has filed an application with the City to vacate the storm
drainage easement which lies to the southwest of his home at
51-525 Juarez. The easement is no longer necessary since the
City has installed the levee improvements to the west of his
home Bear Creek Channel). This easement was dedicated in
1934 at the time Unit #4 of Santa Carmelita at Vale La Quinta
was finaled with the County.
The Planning Commission made the required General Plan
Consistency Finding on June 23, 1992.
PUBLIC HEARING OPEN
There being no one wishing to speak, the HEARING WAS CLOSED.
RESOLUTION NO. 92-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA VACATING A 40-FOOT WIDE STORM DRAINAGE EASEMENT AT
THE NORTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA JUAREZ
CASE NO: STREET VACATION 92-021 APPLICANT: RICK MORRIS.
It was moved by Council Members Bohnenberger/Sniff to adopt
Resolution No. 92-69 as recommended and approving
Environmental Assessment 92-238. Motion carried unanimously.
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City Council Minutes 13 July 21, 1992
2. DRAFT EIR 91-223 LA QUINTA CANYON CENTER PUBLIC COMMENT ON
DRAFT EIR FOR THE CONSTRUCTION OF A REGIONAL SHOPPING CENTER
WRITTEN COMMENT PERIOD CLOSES AUGUST 20, 1992.
MOTION It was moved by Council Members sniff/Bohnenberger to
table the matter of the Draft EIR 91-223 for La Quinta Canyon
Center. Motion carried unanimously. MINUTE ORDER NO. 92-157.
MAYOR AND COUNCIL MEMBER ITEMS
Council asked staff to research the matter of gang activity and
what measures have been taken by other cities.
CLOSED SESSION
a. Discussion of on-going litigation pursuant to Government Code
Section 54956.9(a)
International Treasury Management/Denman Company
Iowa Trust
b. Discussion of personnel pursuant to Government Code Section
54957
Recruitment of City Manager.
Council reconvened and adjourned with no action being taken.
jpec1jill? submitted,
A, City Clerk
City of La Quinta, California
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