1990 05 01 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
MAY 1, 1990
Regular meeting of the La Quinta City Council was called to
order at the hour of 7:00 P.M. by Mayor Pena, followed by the
Pledge of Allegiance.
PRESENT: Council Members Bohnenberger, Rushworth, Sniff, Mayor
Pena
ABSENT: Council Member Bosworth
CONFIRMATION OF AGENDA
Mr. Kiedrowski asked that Item No. 2 on the Business Session
Agenda be removed it will be rescheduled.
ANNOUNCEMENTS
Mayor Pena announced that today is the City's 8th Birthday.
PUBLIC HEARINGS
1. PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT 89-009 AMENDING
SECTION 9.42.070 F) OF THE MUNICIPAL CODE REGARDING FENCING
REGULATIONS IN THE SPECIAL RESIDENTIAL ZONE AND CONFIRMATION
OF ENVIRONMENTAL DETERMINATION.
Mr. Herman advised that the Planning Commission reviewed the
revised fencing regulations on March 27th and unanimously
adopted the regulations submitted along with a negative
declaration. He then reviewed some minor changes made by
the City Attorney. He briefly reviewed the regulations as
recommended by the Commission.
Council Member Sniff noted that cedar and redwood are listed
as acceptable post material and suggested that it be
eliminated and metal or concrete posts be required instead
because wood rots in the desert.
Council Member Bohnenberger suggested allowing redwood or
pressure treated cedar or tubular or block).
Council concurred.
Mayor Pena agreed and suggested that the posts be spaced a
minimum of 5' rather than 6', as it would make it much
sturdier. He also suggested that the fence posts be
required to be on the inside of the fence. In the case of a
good neighbor" fence, it can be double-faced.
Staff advised that these regulations only apply to the SR
Zone and still requires replacement if 50% or more is in
disrepair.
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City Council Minutes Page 2 May 1, 1990
Discussion ensued regarding vegetation with Mayor Pena
suggesting the elimination of 3 d) e).
The Mayor the public hearing OPEN.
A lady in the audience asked for clarification and Mayor
Pena advised that these proposed regulations only apply to
the Special Residential Zone SR Zone).
STEVE REIN, 52-952 obregon supported the proposed ordinance,
but asked for stiffer penalties for non-compliance and felt
that stranger support materials are needed because of the
wind. He also suggested a time limit for compliance.
There being no one else wishing to speak, the hearing was
CLOSED.
In response to Council Member Bohnenberger, Ms. Honeywell
advised that currently, non-compliance would be a
misdemeanor. A time period for compliance would be included.
Council Member Bohnenberger wished to see set-back
requirements included as was in the original draft 0,-10'-
4' high and from 10.1' or more 5' high. Council concurred.
Council concurred on including a 30-day compliance period.
MOTION It was moved by Council Members Sniff/Bohnenberger
to take up Ordinance No. 170 by title and number only and
waive further reading. Motion carried unanimously.
ORDINANCE NO. 170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 9.42 OF THE MUNICIPAL CODE
ZONING ORDINANCE). CASE NO: ZOA #89-009.
It was moved by Council Members Sniff/Bohnenberger to
Introduce Ordinance No. 170 as amended on first reading.
Passed by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: Council Member Bosworth
2. PUBLIC HEARING ON LOT CLEANINGS/WEED ABATEMENTS AND
PLACEMENT OF COSTS ON 1990/91 TAX ROLLS:
a. Elgie & Arlene Armour APN 773-282-022 $150.00
b. San Fernando Airport Corp. APN 773-283-017 $312.00
c. Milos Mike Spasojevic APN 774-266-003 $150.00
d. Milas Mike Spasojevic APN 774-266-004 $150.00
e. Milos Mike Spasojevic APN 774-266-005 $150.00
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City Council Minutes Page 3 May 1, 1990
Mr. Hirdler advised that all of the subject lots have been
cleaned and the property owners were given notice of this
hearing. To date, no communications have been received. He
recommended the costs be placed on the 1990/91 tax rolls.
The Mayor declared the public hearing OPEN.
There being no one wishing to speak, the hearing was CLOSED.
RESOLUTION NO. 90-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON
CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE.
It was moved by Council Members Bohnenberger/Sniff that
Resolution No. 90-36 be adopted Motion carried unanimously.
WRITTEN COMMUNICATIONS- None
BUSINESS SESSION
1. CONSIDERATION OF STREET NAME CHANGE FOR 50TH AVENUE TO ANDY
WILLIAMS DRIVE AND 52ND AVENUE TO FRANK CAPRA DRIVE.
Mr. Herman advised that the Planning Commission considered
this matter on March 13th and following a public hearing
voted 3/2 to recommend that 50th Avenue be renamed Andy
Williams Boulevard and that 52th Avenue be renamed Frank
Capra Drive.
FRED RICE, 48-780 Eisenhower Drive, supported the
recommendations as he believed that it will further the
City's image as being related to the arts.
LUCILLE LOEB, 77-500 Avenida Fernando, spoke in opposition
to renaming a street that crosses jurisdictional
boundaries. She suggested renaming a street that is only in
La Quinta, or to name something nicer than a street for a
person of distinction.
MARK SIMON, 78-611 Highway 111, spoke in favor of the name
changes noting that both gentlemen have served as honorary
mayors" and both have done a great deal for the City.
Supervisor Larson, nor the City of Indio have expressed
opposition. He submitted resolutions of both the Boys Club
and the La Quinta Arts Foundation supporting the changes.
Council Member Rushworth favored the recommendation as he
felt that it will carry out the theme of our vision for the
downtown.
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City Council Minutes Page 4 May 1, 1990
RESOLUTION NO. 90-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A CHANGE OF STREET NAMES FOR 50TH
AVENUE TO ANDY WILLIAMS BOULEVARD AND 52ND AVENUE TO FRANK
CAPRA DRIVE.
It was moved by Council Members Rushworth/Bohnenberger that
Resolution No. 90-37 be adopted.
Council Member Sniff expressed concern over renaming a
street that crosses jurisdictional boundaries. He favored
renaming a street like Calle Tampico as it would have a real
benefit to The Village. He commented on the subjectiveness
of naming streets after individuals noting people who are
not celebrities who have done a great deal for the community.
Council Member Bohnenberger stated that these streets were
not chosen arbitrarily, noting that no one currently lives
on these streets so a change would not pose a hardship by
requiring people to change their address unlike Calle
Tampico. It seems to be a fascination to the world that the
Coachella Valley names streets after famous people it's a
drawing and attracts people to the area. He commented that
Eisenhower used to be called Avenida Serra and Washington
was once called Marshall Road.
Mayor Pena agreed with renaming only local streets as
opposed to streets that cross jurisdictional boundaries,
although recognizing that it would not require any address
changes. He felt that renaming Calle Tampico will draw
attention to The Village.
Council Member Rushworth commented that he lived on Avenue
44 when it was changed to Fred Waring Drive and did feel an
imposition when it was done. He could not support renaming
Calle Tampico as a boulevard.
MOTION FAILED TO CARRY with Council Member Sniff and Mayor
Pena voting NO and one absent.
MOTION It was moved by Mayor Pena, seconded by Council
Member Sniff to rename Calle Tampico to Andy Williams
Boulevard.
MOTION FAILED TO CARRY with Council Members Bohnenberger and
Rushworth voting No and one absent.
MOTION It was moved by Council Members Sniff /Bohnenberger
to continue this matter to the next meeting. Motion carried
unanimously. MINUTE ORDER NO. 90-47.
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City Council Minutes Page 5 May 1, 1990
2. APPROVAL OF AGREEMENT WITH DESERT SANDS SCHOOL DISTRICT
REGARDING SPORTS COMPLEX.
Continued.
3. CONSIDERATION OF APPOINTMENT OF CONSULTANT FOR PLANNING AND
ENGINEERING STUDY OF PEDESTRIAN AND BICYCLE PATHS.
Mr. Herman advised that four proposals were received for a
planning and engineering study of pedestrian and bicycle
paths. The study is to be completed within three months.
Staff recommends that the firm Cf Robert Bein, William Frost
and Associates be selected.
In response to Council, staff advised that all City streets
will be looked at and the consultants will be working with
CVAG.
MOTION It was moved by Council Members Sniff/Bohnenberger
that the Planning Director be authorized to negotiate and
sign a contract with the firm of Robert Bein, William frost
and Associates in an amount not to exceed $15,000 for a
study of pedestrian and bicycle paths. Motion carried
unanimously. MINUTE ORDER NO. 90-48.
4. APPROVAL OF SPECIFIC ALIGNMENT OF CALLE TAMPICO.
Mr. Reynolds advised that the Planning CommiSsion approved
the precise alignment of Calle Tampico between Washington
Street and Eisenhower Drive on April 24th. The proposed
alignment is in conformance with the Circulation Element of
the General Plan, in that it provides for a four-lane
divided facility with a 100' right of way. It flattens the
S-curve to provide for a safer condition. This will result
in surplus property along the south side of Tampico between
Bermudas and Navarro. Disposition of this property will
have to be the subject of further study. There is one
garage that will have severance damage.
MOTION It was moved by Council Members SnifflBohnenberger
that the precise alignment of Calle Tampico be approved.
Motion carried unanimously. MINUTE ORDER NO. 90-49.
5. CONSIDERATION OF AMENDMENT TO CHAPTER 11.85 OF THE CITY CODE
REGARDING LOITERING.
Mr. Hirdler advised that the proposed ordinance is a result
of problems we've had in The Village area and will give the
Sheriff's Department the tool they need to enforce the
matter.
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City Council Minutes Page 6 May 1, 1990
MOTION It was moved by Council Members Sniff /Bohnenberger
to take up Ordinance No. 171 by title and number only and
waive further reading. Motion carried unanimously.
ORDINANCE NO. 171
AN ORDINANCE OF THE CITY OF LA QUINTA, ADDING CHAPTER 11.85,
LOITERING, TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE.
It was moved by Council Members Sniff /Bohnenberger that
Ordinance No. 171 be introduced on first reading. Motion
carried by the following vote:
AYES: Council Members Bohnenberger? Rushworth, Sniff,
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: Council Member Bosworth
6. DISCUSSION REGARDING FRANCHISE FOR RUBBISH COLLECTION AND
AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE A CONTRACT.
Mayor Pena asked that a representative from Waste Management
and Western Waste make a brief presentation.
RAY BURKE, General Manager of Waste Management of the Desert
noted that the details of their proposal was discussed in
Council study session. He stated that they have been
serving La Quinta for many years and believed that their
track record speaks for itself and they are committed to a
recycling program. He briefly commented on changes taking
place in the industry i.e. recycling which is going to
result in picking up less trash. A smaller vehicle is being
used by Western Waste, which Waste Management is looking to
in the future.
AL SAMONIAN, representing Western Waste Industries reviewed
the details of their proposal as was also discussed during
Council study session. Their proposal calls for two
contracts, one for recycling and one for the refuse
pick-up. AB939 which requires that 50% of the waste stream
has to be reduced by the year 2000. They will put together
an integrated waste plan which will cost in excess of
$100,000 which will take us to 2000 and beyond. They also
proposed a toxic waste round-up" at their cost. They
propose unlimited collection at $6.95 mo. until 1992. If
they cannot get the residential/commercial collection
contract, he asked that the roll-off construction be split
from the residential/commercial and that they be considered
for roll-off construction collection.
LUCILLE LOEB stated that if we are satisfied with our
current hauler, we should continue to contract with them.
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City Council Minutes Page 7 May 1, 1990
Council Member Bohnenberger referred to Mr. Samonian' S
comments about their rates going into 1992 and asked if that
was Waste Management's intent also and they advised that it
is.
Council Member Bohnenberger commented that we have two fine
firms before the Council which provide more than
satisfactory services in the cities they serve, but Waste
Management has been good neighbors here and have been
helpful to the community. The proposals have minor
differences and are very close, but he has been happy with
the services we ve received from Waste Management.
MOTION It was moved by Council Members Bohnenberger/Sniff
to authorize negotiation with Waste Management for a
five-year contract. Motion carried unanimously. MINUTE
ORDER NO. 90-50.
7. ACCEPTANCE OF PROJECT NO. 88-1 PHASE I OF COVE IMPROVEMENT
PROJECT AND AUTHORIZATION TO FILE NOTICE OF COMPLETION AND
REPORT ON DATES FOR PUBLIC HEARING AND PUBLIC INFORMATIONAL
MEETING.
Mr. Reynolds advised that Phase I of the Cove Improvement
Project has been satisfactorily completed and recommended
that the work be accepted and that the City Clerk be
authorized to file a Notice of Completion.
He noted that the public hearing far Phase III is scheduled
for May 29th at the Community Center and Informational
Meetings are scheduled for May 9th at 4:00 P.M. and 7:00 P.M.
MOTION It was moved by Council Members Bohnenberger/Sniff
that Phase I of the Cove Improvement Project be accepted and
authorize the filing of a Notice of Completion. Motion
carried unanimously. MINUTE ORDER NO. 90-51.
8. APPROVAL OF FINAL TRACT 25290 AND APPROVAL OF RELATED
SUBDIVISION IMPROVEMENT AGREEMENT OCOTILLO II WILLIAMS
DEVELOPMENT.
Mr. Reynolds advised that the final map in question meets
all of the requirements of the Subdivision Map Act and is
technically correct and the subdivision agreement is
satisfactory to the City and is also in conformance with the
Subdivision Map Act and the Municipal Code. He recommended
that the map be recorded and acceptance of the agreement.
ELIZABETH WILLIAMS, 42-600 Cook St., asked for consideration
of the fact that the map in question has been approved by
the Council and they have complied with all of the
requirements. The homes will sell for between $225,000
$250,000. They currently have 19 pre-sales.
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City Council Minutes Page 8 May 1, 1990
Council Member Rushworth asked how they intend to handle the
landscaping and retention of the earth along the northwest
corner.
MIKE PLATT, Engineer for the project, 51-900 Obregon,
presented a section map showing what is proposed and
explained the grading plan, landscaping and elevations.
ROBERT METKUS, resident of La Quinta Palms asked that they
be required to return to the 76.7 elevation; consider pads
same as in Ocotillo I; replace palm trees and plants that
have been destroyed by the slush that has been moved onto
their property; put in a retaining wall; and correct the
broken wall.
SHEILA CRANE, 79-275 Horizon Palms, stated that there is a
concern about debris collecting within the set-back area and
also with the problems that could occur with rainstorms.
She compared their situation with Royal Palms/Deane Homes
and how they handled the same kind of situation. She asked
for Council's consideration.
In response to Mayor Pena, Mr. Platt advised that there are
5 homes in La Quinta Palms affected by the elevations. The
highest is 3.9' above La Quinta Palms pads and they graduate
down to the fifth pad to La Quinta Palms grade. There is no
retention proposed against the existing wall.
Council Member Bohnenberger asked why the pads can't be
lowered to match La Quinta Palms and Mr. Platt advised that
they can't lower them because they have to meet the City's
requirement to retain the 100-year storm on-site in a
basin. If the basin is moved to the low point, they will
have water against the wall, which is a public health and
safety problem.
FRANK MASON, 43-421 Chappleton, Bermuda Dunes, advised that
he owns two units in La Quinta Palms and commented on the
loss of property values and loss of viewscape. He asked
that the grade level of three lots adjacent to Fred Waring
on the northeast corner be reduced.
CURT EALY, 600 E. Tahquitz, Palm Springs, an attorney
representing Williams Development advised that according to
the Subdivision Map Act, at this stage, the developer has a
vested right to record if the map is in compliance with the
Tentative Map, which it is. The final map is in compliance
with the Subdivision Map Act and City Codes.
Ms. Honeywell stated that it would be impossible without
enacting a city-wide change in the Code which would require
consideration prior to issuance of a grading permit for the
grades of lots adjacent to one another as part of the
overall granting of permits.
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City Council Minutes Page 9 May 1, 1990
BOB MILLER, 79-782 Sunset Ridge, President of La Quinta
Palms Homeowners Assoc. had understood that grading and pad
permits had not been issued and it wasn't until dirt
starting coming over the wall, that they realized what was
happening.
Council Member Bohnenberger asked if we are approving the
grading plans at this point and Mr. Reynolds advised not.
He continued, that based upon the City's authority to
regulate the development of land, the project is in
conformance with the Municipal Code.
In response to Council Member Sniff, Mr. Reynolds stated
that he could see no safety issue here and advised that the
wall is about 4' high. Drainage is adequate to handle water
runoff and keep water away from the wall.
Council Member Sniff believed that what we have is a good
neighbor problem" and is a civil matter.
MOTION It was moved by Council Members Bohnenberger/Sniff
that Final Tract Map 25290 and related subdivision
agreements be approved.
Council Member Bohnenberger assumed that if any damages have
occurred to the wall as a result of grading operations, that
it will be taken care of and they Williams Development)
advised that they would.
Council Member Rushworth believed that it is a neighbor
problem and both developments are going to be around a long
time and felt that the developer should sit down with the
Homeowners Assoc. and work something out so that we don't
have a liability problem later on and be as aesthetical as
it can be made.
Ms. Honeywell reiterated that short of amending the Zoning
Ordinance for the entire city and declaring a moratorium
prior to doing that, the Council has no authority to add
additional conditions to this map that is ready to be
finaled because it has met all of the conditions placed on
the Tentative Tract Map.
MOTION CARRIED UNANIMOUSLY. MINUTE ORDER NO. 90-52.
9. SECOND READING OF ORDINANCES:
ORDINANCE NO. 169
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY
REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO.
90-052.
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City Council Minutes Page 10 May 1, 1990
It was moved by Council Members Bohnenberger/Sniff that
Ordinance No. 169 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 Bosworth
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER.
2. APPROVAL OF SPECIAL ADVERTISING DEVICE 90-003 TO ALLOW FLAGS
FOR A RESIDENTIAL SUBDIVISION FOR PROPERTY LOCATED AT THE
NORTHEAST CORNER OF WASHINGTON ST. AND MILES AVE.
APPLICANT: DEANE HOMES.
3. APPROVAL OF FINAL TRACT 25397 AND APPROVAL OF RELATED
SUBDIVISION IMPROVEMENT AGREEMENT. SUNRISE)
4. APPROVAL OF FINAL TRACT 24950 AND APPROVAL OF RELATED
SUBDIVISION IMPROVEMENT AGREEMENT. CHONG LEE)
MOTION It was moved by Council Members Bohnenberger/Sniff
that Consent Calendar Items 1 through 4 be approved as
recommended. Motion carried unanimously. MINUTE ORDER NO.
90-53.
STUDY SESSION AGENDA
1. DISCUSSION OF DESIGN CONCEPT OF FRITZ BURNS PARK.
JACK MARSHALL, 76-982 Mazatlan, representing Rancho La
Quinta stated that they are interested in working with the
City in the design of the Fritz Burns Park.
RON GREGORY Project Landscape Architect, 73-960 Highway 111,
Palm Desert discussed the plans for Rancho La Quinta
advising that they are planning a tennis stadium that will
seat 12,000-14,000 people and a golf course along with the
residential development.
He then presented the first draft of a proposed master plan
for the Fritz Burns Park which includes elimination of the
top two of the older courts in order to get parking between
the two existing lower courts. It also includes a pool; tot
pool and a tot play area which is fenced. He advised that a
revised plan will be re-submitted to the Council based on
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City Council Minutes Page 11 May 1, 1990
comments received during Council's study session.
Council expressed appreciation to Mr. Marshall and Mr.
Gregory.
COUNCIL COMMENT- None
PUBLIC COMMENT- None
Council adjourned to closed session at 9:40 P.M. pursuant to
Government Code Sections 54956.9(a) to discuss litigation in
particular: City of Indio/Indio Case No. 57496 and Parc La
Quinta, Indio Case No. 60188 and discussion of land acquisition
pursuant to Government Code 54958.6.
The Council reconvened to regular session with no action being
taken.
There being no further business, the meeting was adjourned.
Resp?ctfully submitted,
mj4?
SAUNDRA L. JUHOL?, City Clerk
City of La Quinta, California
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05-U02
01-U02
1990-U02
BIB]
02-13-96-U01
09:08:14AM-U01
CCMIN-U02
05-U02
01-U02
1990-U02
BIB]
02-13-96-U01
09:08:14AM-U01
CCMIN-U02
05-U02
01-U02
1990-U02
BIB]
02-13-96-U01
09:08:14AM-U01
CCMIN-U02
05-U02
01-U02
1990-U02