1990 10 16 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
OCTOBER 16, 1990
Regular meeting of the La Quinta City Council was called to
order at the hour of 7:00 P.M., Mayor Pena presiding, followed
by the Pledge of Allegiance.
PRESENT: Council Members Bohnenberger, Rushworth, Sniff &
Mayor Pena
ABSENT: One Vacancy)
CONFIRMATION OF AGENDA
Business Session Item No. 6 will be delayed until after the
Study Session.
PRESENTATIONS
Mayor Pena presented the following La Quinta Beautiful Awards
for the month of September:
MOST BEAUTIFUL: Eugene & Alla Beloff, 54-780 Ave. Obregon
MOST IMPROVED: Aureliano & Amalia Leyva, 53-360 Avenida Diaz
ANNOUNCEMENTS- None
PUBLIC HEARINGS
1. CONTINUED PUBLIC HEARING ON TENTATIVE TRACT 26139 TO
DIVIDE TRACT 21643 INTO 37 RESIDENTIAL LOTS FOR
CONSTRUCTION OF 601 CONDOMINIUM UNITS ON 81 ACRES WITHIN
PGA WEST AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION
APPLICANT: SUNRISE DESERT PARTNERS.
Mr. Herman presented staff report advising that the
proposed tract is within the PGA West Specific Plan. It
provides for 37 residential lots for development of 601
condominium units on 81 acres.
The Planning Commission has recommended approval subject to
conditions. Two of the recommended conditions NOE. 9 &
21) were modified. Condition No. 9, which relates to
grading was a condition recommended by the City Engineer
requiring stringent supervision and control over the
grading by a registered civil engineer to certify
compliance.
Condition No. 21 relates to the signalization of Madison
and Airport Boulevard. The amended condition states that
installation shall be based upon justification as
identified by a traffic study.
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City Council Minutes 2 October 16, 1990
Mr. David Snow, Sunrise Co., thanked City staff for their
input and cooperation and stated that Sunrise Desert
Partners is satisfied with the conditions that were
approved by the Planning Commission.
Council Member Bohnenberger asked if there was a preference
on Condition No. 9.
Mr. Snow responded that Sunrise Co. objected to the way it
was proposed in the beginning and are comfortable with the
way it reads now as recommended by the Planning Commission.
Mr. Reynolds, advised that the original conditions placed
responsibility and quality control on the Tract
developer. He explained that the changes in Condition
No. 9 places responsibility for quality control on the
City. As a result, the role of the City's inspector is
relegated to one of quality assurance by spot checking
during construction to be able to assure the City Engineer
that the end product is acceptable and bond surety can be
released. He then proceeded to give examples of what
happens when there is no professional engineering
surveillance during construction.
Mr. Reynolds added that he did not appear before the
Planning Commission because this is a policy matter by the
City, involves City money and is not the prerogative of the
Planning Commission to make judgments in this respect.
Council Member Bohnenberger questioned how many other
Cities agree with this policy.
Mr. Reynolds stated that he did not know of any other City,
but recently talked with the Public Works Director of the
City of Palm Desert and he supports this policy, his City
is older and they subsidize the inspections of their
improvements. Mr. Reynolds stated that La Quinta is a new
City and has a chance to do things right.
Discussion ensued with Council Member Sniff stating that he
saw no problem with reverting back to the original
condition.
PUBLIC HEARING OPEN
Mr. Peter Zelles, from Planning Commission, addressed the
Council and explained that the Planning Commission was at a
disadvantage, as the Engineering Department was not
represented at the Planning Commission meeting. Mr. Zelles
explained that what Mr. Reynolds has said at this meeting
would have been very helpful.
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City Council Minutes 3 October 16, 1990
Mayor Pena asked if given the information that Mr. Reynolds
presented, would he change his opinion.
Mr. Zelles responded that he would not change his opinion,
but he would try and get a language from Mr. Reynolds that
both parties understand. The Commission felt on-site
supervision was too demanding.
PUBLIC HEARING CLOSED
Mr. Reynolds stated that given the opportunity, he would
change the wording to read A Registered Civil Engineer
shall exercise sufficient supervision and control of the
*`tract improvements" rather than tract grading".
Council Member Rushworth questioned the inspection fees
that developers are paying.
Mr. Reynolds explained that if he could be assured that a
Registered Civil Engineer would be on the job site taking
responsibility for quality control, then Engineering would
recommend that the City lower the percentage of the
inspection fees.
Council Member Sniff asked Council to support the City
Engineer's Condition No. 9 with the change of the word
grading" to improvements".
RESOLUTION NO. 90-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, GRANTING APPROVAL FOR TENTATIVE TRACT 26139 TO
ALLOW THE CREATION OF A CONDOMINIUM SUBDIVISION. CASE NO.
TT 26139 SUNRISE COMPANY
MOTION It was moved by Council Members Sniff/Rushworth
that Resolution No. 90-76 be adopted with Condition No. 9
being restored to the original language as amended. Motion
carried by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff &
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: One Vacancy)
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City Council Minutes 4 October 16, 1990
2a. PUBLIC HEARING ON GENERAL PLAN AMENDMENT 90-033 AND CHANGE
OF ZONE 90-061 PREANNEXATION ZONING FOR 1 ANNEXATION
REQUEST.
Mr. Herman asked that the Public Hearing on General Plan
Amendment 90-033 be continued.
MOTION It was moved by Council Members Sniff/Rushworth
that public hearing on General Plan Amendment 90-033 be
continued to November 20, 1990. Motion carried
unanimously. MINUTE ORDER NO. 90-112.
2b. CONTINUED PUBLIC HEARING ON GENERAL PLAN AMENDMENT 90-033
AND PREANNEXATION ZONING 90?060 LOCATED SOUTH AND SOUTHEAST
OF THE CURRENT CITY LIMITS.
MOTION It was moved by Council Members Sniff/Bohnenberger
that public hearing on General Plan Amendment 90-033 be
continued to November 20, 1990. Motion carried
unanimously. MINUTE ORDER NO. 90-113.
3. PUBLIC HEARING ON ENVIRONMENTAL REVIEW FOR PROPOSED BEAR
CREEK BIKEWAY.
Mr. Herman displayed a map illustrating the proposed Bear
Creek Bikeway environmental review. Mr. Herman stated that
staff does not feel there are any environmental concerns
regarding this proposed Bikeway.
Mr. Reynolds advised Council that the City has received a
$50,000.00 Grant from the Riverside County Transportation
Commission for construction of the Bikeway.
PUBLIC HEARING OPEN
Kristy Franklin, 55-900 Riviera, questioned the Council on
the type of path proposed.
Council responded that it was a bike and jogging path.
PUBLIC HEARING CLOSED
MOTION It was moved by Council Members Sniff/Rushworth
the Negative Declaration for the proposed Bear Creek
Channel Bikeway be filed. Motion carried unanimously.
MINUTE ORDER NO. 90-114.
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City Council MinuteS 5 October 16, 1990
4. PUBLIC REARING ON WEED ABATEMENTS/LOT CLEANING AND
PLACEMENT OF COSTS ON 1991/92 TAX ROLLS:
a. San Fernando Swap Meet APN 773-281-019 $150.00
b. San Fernando Swap Meet APN 774-075-008 $150.00
C. Donald Mehry APN 774-283-004 $150.00
d. Maria Corral APN 774-113-004 $150.00
e. David Sags APN 774-074-020 $150.00
f. Harold Stone APN 774-215-014 $150.00
g. Alcon Enterprises APN 774-223-003 $150. CO
h. Josephine Harris APN 773-335-022 $150.00
1. Robert I. Lipton APN 773-335-020 $150.00
Mr. Tom Hartung advised the Council that there were no
changes at this time.
PUBLIC HEARING OPEN
PUBLIC HEARING CLOSED
RESOLUTION NO. 90-77
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.
MOTION It was moved by Council Members Sniff?Rushworth
that Resolution No. 90-77 be adopted. Motion carried
unanimously.
WRITTEN COMMUNICATIONS
a. LETTER FROM CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
REGARDING TOBACCO CONTROL PROJECTS.
Council Member Sniff believed that it is inappropriate for
Council to get involved in this issue.
Council Members concurred.
PUBLIC COMMENT
AUDREY OSTROWSKI, P. 0. Box 351, addressed the Council
about her concern over cleanup, Code Enforcement and Weed
Abatement in the Cove area.
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City Council Minutes 6 October 16, 1990
LUCIA MORAN, P. 0. Box 1305, addressed the Council and
submitted a letter on behalf of the La Quinta Fire Belles
asking for a contribution of $1,542.54 as half of the cost
of replacing the motor in the Jaws of Life.
Council Member Sniff asked that this be placed on the next
City Council Agenda of November 6, 1990.
Council Member Bohnenberger requested that the City Manager
check with Riverside County on their policy for replacing
items that they use.
DAWN BORDOWITZ, 77-395 Calle Sinaloa, responded to Audrey
Ostrowski?s accusations against her and trash pickup.
WALLY REYNOLDS, 79-660 Fiesta Drive, commended the City on
the Jefferson Street Improvement.
BUSINESS SESSION
1. CONSIDER VARIANCE TO AVENIDA MONTEZUMA STREET WIDTH.
Mr. Reynolds presented staff report advising the Council
that this item pertains to Phases 2 & 3 in the Cove.
MOTION It was moved by Council Members Sniff/Rushworth
that the variance to Avenida Montezuma street width be
approved. Motion carried unanimously. MINUTE ORDER NO.
90-115.
2. CONSIDERATION OF AMENDMENT TO SECTION 260.140 AND 2.60.150
TO TITLE 2 OF THE MUNICIPAL CODE REGARDING ADMINISTRATION
AND PERSONNEL.
Mr. Kiedrowski explained to Council that the City Attorney
is recommending the Incompatible Employment and Disclosure
of Confidential Information Section be added to the
Municipal Code.
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City Council Minutes 7 October 16, 1990
Mrs. Honeywell advised the Council that the Sections that
are being added are not currently in the Municipal Code.
Both items are covered by State Law, but in each case the
State Law only applies if the particular jurisdiction has
adopted a specific policy.
MOTION It was moved by Council Members
Bohnenberger/Rushworth that the Amendment to Section
2.60.140 and 2.60.150 to Title 2 of the Municipal Code
regarding Administration and personnel be continued until
November 6, 1990. MINUTE ORDER NO. 116.
3. CONSIDERATION OF ENTERING INTO AGREEMENT WITH GRUEN
ASSOCIATES TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR LA
QUINTA LIBRARY.
Mr. Kiedrowski, advised that the agreement with Gruen
Associates would make it possible to begin the scope of
services and the design work for the La Quinta Library.
This will serve as the basis of the application to the
California Library Construction & Renovation Bond Act.
This agreement defines the services to a total of
$38,000.00 maximum. The County Librarian feels the City is
in a good position to receive a grant to build a library on
the Civic Center site and has encouraged the City to go
forward to the second step.
Council Member Sniff questioned the time-frame.
Mr. Kiedrowski responded that the work will be completed
and delivered for attachment to the application by February
15, 1991.
Council Member Sniff asked if the $38,000.00 includes
reimbursable expenses.
Mr. Kiedrowski responded that the reimbursable expenses are
in addition.
MOTION It was moved by Council Members
Bohnenberger/Rushworth that the City enter into Agreement
with Gruen Associates to provide architectural Design
Services for the La Quinta Library. Motion carried
unanimously. MINUTE ORDER NO. 90-117.
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City Council Minutes 8 October 16, 1990
4. CONSIDERATION OF AUTHORIZATION TO CONTRACT WITH RAY LOPEZ
FOR PROFESSIONAL SERVICES FOR DESIGN OF PROPOSED PARK SITES
ALONG BEAR CREEK CHANNEL.
Mr. Kiedrowski advised the Council that Ray Lopez has
submitted a design for two mini-parks along the Bear Creek
Channel.
In response to Council Member Sniff, Mr. Kiedrowski
responded that Mr. Lopez is an architect who has been
employed with Landmark Land for several years. He is doing
this project in his off-time. He has worked on many of the
projects at La Quinta Hotel & PGA West.
In response to Council Member Sniff, Mr. Kiedrowski advised
that Mr. Lopez would provide Council with preliminary
sketches as stated in the Agreement.
MOTION It was moved by Council Members
Bohnenberger/Rushworth that the City Contract with Ray
Lopez for professional services for design of proposed park
sites along Bear Creek Channel. Motion carried
unanimously. MINUTE ORDER NO. 90-118.
5. CONSIDERATION OF PROPOSAL FOR INTERIM CODE ENFORCEMENT
LEGAL COUNSEL.
Mr. Kiedrowski advised that Michael Rubino was formerly
with the firm of Stradling, Yocca, Carison & Rauth and is
now with Suchman, Galfin & Passon. In the past, he has
handled the City?s code enforcement matters and staff
wishes for him to continue, at least with the cases he has
already worked on.
MOTION It was moved by Council Member
Bohnenberger/Rushworth for the City to enter into a
contract with Suchman, Galfin & Passon for Code Enforcement
on an interim basis. Motion carried unanimously. MINUTE
ORDER NO. 90-119.
7. SECOND READING OF ORDINANCES:
ORDINANCE NO. 181
AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING
SECTION 2.06.010 OF CHAPTER 2.06 OF THE LA QUINTA MUNICIPAL
CODE, RELATING TO BOARDS AND COMMISSIONS.
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City Council Minutes 9 October 16, 1990
MOTION It was moved by Council Members Sniff/Rushworth
that Ordinance No. 181 be adopted on second reading.
Motion carried by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff &
Mayor Pena.
NOES: None
ABSTAIN: None
ABSENT: One Vacancy)
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER.
2. APPROVAL OF MINUTES OF OCTOBER 2, 1990.
3. AUTHORIZATION TO RELEASE GRADING BONDS IN THE AMOUNT OF
$67,675 TRACT 23935, 1 & 2.
4. APPROVAL OF SPECIAL ADVERTISING DEVICE 90-009 FOR A
SEARCHLIGHT AT THE LA QUINTA HOTEL ON OCTOBER 31, 1990
BETWEEN 5:00 P.M. & 9:00 P.M..
5. ADOPTION OF RESOLUTION ESTABLISHING TRAFFIC CONTROLS
DURING SKINS GAME NOVEMBER 23-25, 1990.
6. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON
VARIANCE 90-012 TO ALLOW OFF-SITE LOCATION OF A MONUMENT
SUBDIVISION IDENTIFICATION SIGN ON THE SOUTH SIDE OF AVENUE
50 BETWEEN WASHINGTON ST. & PARK AVENUE APPLICANT: M. J.
BROCK & SONS.
7. APPROVAL OF FINAL TRACT MAP 25389-2 DESERT FAIRWAYS AND
APPROVAL OF RELATED SUBDIVISION IMPROVEMENT AGREEMENTS M.
J. BROCK AND SONS, INC.
8. APPROVAL OF ADDITIONAL APPROPRIATION FOR SCULPTURE/ART AT
CIVIC CENTER SITE.
9. APPROVAL OF FINAL TRACT MAP 26152 WILMA PACIFIC, INC.
LAKE LA QUINTA.
10. AUTHORIZATION TO RELEASE LETTERS OF CREDIT NOS. 2186
$20,000) AND 2286 $13,600) LANDMARK LAND CO. OF
CALIFORNIA PLOT PLAN NO. 86-285.
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City Council Minutes 10 October 16, 1990
11. ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION OF A
SUPPLEMENTAL COOPERATION AGREEMENT WITH LA QUINTA
REDEVELOPMENT AGENCY RELATING TO PUBLIC IMPROVEMENTS.
MOTION It was moved by Council Members Bohnenberger/Sniff
that Consent Calendar Items 1 through 11 be approved as
recommended with Item No. 5 and Item No. 11 being approved
by Resolution No. 90-78 and 90-79. Motion carried
unanimously. MINUTE ORDER NO. 90-120.
COUNCIL RECESSED FOR 5:00 MINUTES
COUNCIL RECONVENED
At this time, the Council recessed to Study Session.
STUDY SESSION
5. DISCUSSION OF PLANNING COMMISSION ACTION RE: PLOT PLAN
90-453 AND VARIANCE 90-013 FOR A RETAIL BUILDING AT THE
SOUTHEAST CORNER OF AVENIDA LA FONDA & DESERT CLUB DR.
APPLICANT: ORANCO DEVELOPMENT.
Staff members, Mr. Sawa and Mr. Herman presented staff
report describing the project in terms of traffic
circulation, Site layout and architecture. The building
will have three retail uses, one of which is Dominoes
Pizza. The Planning Commission did approve the plot plan
and variance. Mr. Herman noted, however, that the
architectural design will be presented to the Design Review
Board.
Council proceeded to discuss the matter in terms of
conformance with the Village specific Plan and asked Mr.
Noland, owner, questions regarding the operation of
Dominoes Pizza. He advised that the number of vehicles
operating will vary depending on the time of day and day of
the week. Their hours of operation are generally 11:00
A.M. to 12:00 A.M. Monday-Thursday and 11:00 A.M. to 2:00
A.M. Friday and Saturday; however, he was willing to make a
change if that was Council's desire.
Mr. Herman recommended an additional condition be imposed
as follows: That delivery vehicles shall be parked in an
on-site parking lot at the rear of the building at all
times, when such parking is available".
The Council reconvened to regular session.
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City Council Minutes 11 October 16, 1990
BUSINESS SESSION
6. ACCEPTANCE OF REPORT ON PLANNING COMMISSION ACTION ON PLOT
PLAN 90-453 & VARIANCE 90-013 TO ALLOW CONSTRUCTION OF
RETAIL BUILDING AT THE SOUTHEAST CORNER OF AVENIDA LA FONDA
& DESERT CLUB DRIVE APPLICANT: ORANCO DEVELOPMENT.
MOTION It was moved by Council Members
Bohnenberger/Rushworth to accept the report of Planning
Commission action on Plot Plan 90-453 & Variance 90-013 to
allow construction of retail building at the southeast
corner of Avenida La Fonda & Desert Club Drive with the
recommended conditions. Motion carried unanimously.
MINUTE ORDER NO. 90-121.
COUNCIL COMMENT None
At this time, Mrs. Honeywell, City Attorney, advised that in
reference to the Transient Occupancy Tax, a report was
completed, and an election would be most likely.
Council Member Bohnenberger, asked Mrs. Honeywell to contact
Riverside County to find out what basis the County increased
their TOT Tax without an election.
PUBLIC COMMENT- None
Council Recessed to Redevelopment Agency Meeting
Council Reconvened
CLOSED SESSION
COUNCIL ADJOURNED TO CLOSED SESSION pursuant to Government Code
Sections 54956.9(a) to discuss on-going litigation for Parc La
Quinta, Indio Case No. 60188, La Quinta Dunes will not be
discussed, and Potential Litigation Pursuant to Government Code
Section 54956.9(b) Mobil Gas Station at Highway 111 and
Jefferson. Discussion of Potential Land Acquisition through
Eminent Domain Pursuant to Government Code Section 54956.9
Burkett Property, Indio Case No. 60203. Discussion of
Negotiations with Transpacific Development Co. Regarding
Specific Plan 89-14 pursuant to Government Code Section 54856.8.
Council reconvened and ad?ourned with no action being taken.
R?s?ect fully submitted,
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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