1990 11 20 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
NOVEMBER 20, 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
The following changes and additions were made to the agenda:
1. Changed Item No. 6 on Consent Calendar to Business Session
Item No. 6
2. Added Item No. 11 to the Consent Calendar Accepting
Badges to the Skins Games.
3. Added Item No. g to Closed Session regarding Potential
Litigation concerning a claim by Mr. Frederick's
MOTION It was moved by Council Members Sniff/Rushworth that
Item No. 11 be added to the Consent Calendar and Potential
Litigation regarding a claim filed by Mr. Fredericks, be placed
on the Closed Session. Motion carried unanimously. MINUTE
ORDER NO. 90-127.
PRESENTATIONS
Mayor Pena presented the following La Quinta Beautiful Awards
for the month of October:
MOST BEAUTIFUL: John & Joyce Sivley, 79-775 Westward Ho Drive
MOST IMPROVED: Jeff Carison, 51-730 Avenida Madero
REPORT BY LA QUINTA ARTS FOUNDATION
MARCIA CHRISTIANSEN of the La Quinta Arts Foundation, reported
on the 5th Annual Village Faire held on Saturday, October 27,
1990. The faire presented the work of 95 artists. They were
all local artists with the exception of 8 who were invitational
guests. It is estimated that approximately 4,500 people were in
attendance.
ANNOUNCEMENTS
Mayor Pena announced that the swearing in ceremony for City
Council will take place on November 26, 1990 at 7:00 P.M.
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City Council Minutes 2 November 20, 1990
PUBLIC HEARINGS
1. PUBLIC HEARING ON LOT CLEANINGS/WEED ABATEMENTS AND
PLACEMENT OF COSTS ON 1991/1992 TAX ROLLS:
a. Unlimited Holdings APN 774-175-003 $150.00
b. San Fernando Swap Meet APN 774-174-009 $150.00
c. Jessie W. Ferentz APN 774-114-015 $150.00
d. Maria C. Tamayo APN 774-114-009 $150.00
e. Greg M. Burkhart APN 774-132-023 $150.00
f. Deborah J. Messifla APN 774-223-017 $150.00
g. Allen Minas APN 774-154-002 $150.00
h. San Fernando Airport APN 774-143?022 $150.00
PUBLIC HEARING OPEN
PUBLIC HEARING CLOSED
Note: After the public hearing, Allen Minas paid his
assessment and was removed from the resolution.
RESOLUTION NO. 90-83
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. 90-83 be adopted. Motion carried by
the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff
and Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: One Vacancy)
2. CONTINUED PUBLIC HEARING ON GENERAL PLAN AMENDMENT 90-033
AND CHANGES OF ZONE 90-060 AND 90-061 AND CONFIRMATION OF
ENVIRONMENTAL DETERMINATIONS:
a. APPLICANT: JAMES MOTTER, PAUL HARRIS/CITY OF LA
QUINTA:
REQUEST:
1. GENERAL PLAN AMENDMENT FROM 3-B AND AGRICULTURAL
TO LOW DENSITY RESIDENTIAL.
2. CHANGE OF ZONE FROM A-1-20/R-1-14,000
LOCATION: BETWEEN AVENUE 52, MADISON, MONROE AND
AVENUE 53.
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City Council Minutes 3 November 20, 1990
b. REQUEST:
1. GENERAL PLAN AMENDMENT FROM PLANNED RESIDENTIAL
RESERVE TO LOW DENSITY RESIDENTIAL;
2. CHANGE OF ZONE FROM A-l-20 to R-l
LOCATION: NORTHWEST CORNER OF AVENUE 56 AND
MADISON
C. APPLICANT: VALLEY LAND DEVELOPMENT FOR GENERAL PLAN
REQUEST:
1. GENERAL PLAN AMENDMENT FROM RESIDENTIAL 2-A,MF
AND 2B TO HIGH DENSITY RESIDENTIAL, GENERAL
COMMERCIAL AND LOW DENSITY RESIDENTIAL;
2. CHANGE OF ZONE FROM R-3-2000 and R-l-12,000 to
R-2, R-l and CP.
LOCATION: AREA IN THE NORTHEAST CORNER OF FRED
WARING DRIVE AND WASHINGTON STREET.
Mr. Herman presented staff report which is on file in the
City Clerk's Office. He briefly reviewed each of the
requested proposals advising that no one addressed the
Planning Commission in opposition to either request. He
also reviewed the surrounding land uses for all three
requests.
He further advised that the applicant for the annexation to
the north on Fred Waring has submitted an alternative land
use recommendation to the Planning Commission. However,
the Planning Commission's recommendation was to the staff's recommendation. The applicant's alternative
was to place the major commercial on Fred Waring and the
access to it would align with Palm Royale.
Mr. Herman advised that the City received a letter from Mr.
Debonne, who is part of the annexation on Avenue 52 and
Monroe. He is requesting a 10 acre commercial piece of
property at the corner of Monroe and Ave. 52. However,
the Planning Commission designated it all residential.
In response to Mayor Pena Mr. Herman advised that under
Area No. 2, Avenue 58 & Madison) it can be zoned for
larger lots than R-17200.
PUBLIC HEARING OPENED
TOM THORNBURG, P. 0. BOX 750, addressed Council advising
that he would accept 20 acres of commercial in any layout
the Council desires. Considerable discussion ensued
regarding the layout of the commercial.
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City Council Minutes 4 November 20, 1990
Council Member Rushworth questioned if surrounding areas
have been notified of the plans for commercial buildings
that are proposed.
Mr. Thornburg responded that it has been advertised.
BOB DARBY, stated that he has maintained property on Darby
Road since 1946. He advised Council of his desire to see
his property zoned commercial south of the holistic
center).
In response to Council Member Bohnenberger, Mr. Herman
explained that Mr. Darby's property is part of the
annexation, but not part of the ownership controlled by
Valley Land Development. The proposed zoning under staff
recommendation would be commercial, under Valley Land
Development's new proposal it would be high density
residential.
PUBLIC HEARING CLOSED
Mr. Frank Reynolds, City Engineer, advised Council that
both Washington and Fred Waring are designated major
arterials. The General Plan of the City of La Quinta
indicates that intersections shall be created on those
types of streets every 2600 feet. If the General Plan is
followed the access points to these developments whether
they are on Fred Waring or Washington, would be right-in
right-out only. There would not be signals at either
location.
In response to Mayor Pena, Mr. Kiedrowski advised that
property must be prezoned before the annexation process can
be started. The property can be zoned the way it is
recommended by the Planning Commission, with the applicant
put on notice, that the zoning can be changed after further
study.
In response to Mayor Pena, Dawn Honeywell, City Attorney
advised that if property was prezoned there would be no
problem changing the zone at a later date.
RESOLUTION NO. 90-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE
ENVIRONMENTAL ANALYSIS, AND PREDESIGNATING FOR GENERAL PLAN
PURPOSES CERTAIN PROPERTIES ADJACENT TO THE CITY REFERRED
TO IN GENERAL PLAN AMENDMENT CASE FILE 90?033.
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City Council Minute? 5 November 20, 1990
MOTION It was moved by Council Members Bohnenberger/Sniff
to adopt Resolution No. 90-84 as amended by the following
vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff &
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: One Vacancy)
MOTION It was moved by Council Members Sniff/Rushworth to
take up Ordinance No. 182 by title and number only and
waive further reading. Motion carried unanimously.
ORDINANCE NO. 182
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, PREZONING CERTAIN PROPERTY ADJACENT TO THE CITY
AS DESCRIBED IN CHANGE OF ZONE CASES 90-060 AND 90-061,
PURSUANT TO SECTION 65859 OF THE STATE GOVERNMENT CODE.
MOTION It was moved by Council Members Sniff/Bohnenberger
that Ordinance No. 182 be introduced on first reading as
amending the R-1 to R-1-10,000 in Area 2 Madison &
Madison). Motion carried by the following vote:
AYES: Council Members Bohnenberger, Rushworth Sniff &
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: One Vacancy
WRITTEN COMMUNICATIONS- None
BUSINESS SESSION
1. CONFIRMATION OF APPOINTEES TO ART IN PUBLIC PLACES
COMMITTEE.
In response to Council Member Bohnenberger, Mr. Kiedrowski
explained that once the Committee is active, the funding
commitment will be brought up before City Council,
currently there is $10,000 in the fund, not including the
commitment of City funds.
Mr. Kiedrowski, advised that the Community Services
Commission has appointed Elaine Franke, the Arts Foundation
recommends Kay Wolff, John Walling and Meg Robertson, and
Mr. Kiedrowski respectfully requested his name be submitted.
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City Council Minutes 6 November 20, 1990
MOTION It was moved by Council Members Sniff/Rushworth to
appoint the following people to the Art in Public Places
Committee for the following terms; Meg Robertson 3 year
term; Kay Wolff 2 year term; John Walling 1 year term;
Ronald Kiedrowski 2 year term; Elaine Franke 1 year
term. Motion carried unanimously. MINUTE ORDER NO. 90-128.
2. AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE AND ENTER INTO
A PROFESSIONAL SERVICES CONTRACT WITH BRW INC. TO UPDATE
THE GENERAL PLAN.
Mr. Fred Baker, Principal Planner, presented Staff report
recommending that the City Manager be authorized to
negotiate and enter into a contract with BRW Inc. It is
anticipated that the contract be in effect and consultants
start working by the middle of January. It is estimated
that this project will take 18 months. There will be
opportunities for the City Council and the Planning
Commission to review the plans as they progress.
In response to Council Member Bohnenberger, Mr. Baker
advised that all the required elements will be revised
which are Land Use, Circulation, Noise, Seismic Safety,
Conservation and Open Space, and Housing.
Mr. Kiedrowski advised that he discussed BRW Inc. with
other City Managers and they gave the firm high
recommendations.
MOTION It was moved by Council Members Sniff/Rushworth
to authorize the City Manager to negotiate and enter into a
professional services contract with BRW Inc. to update La
Quinta's General Plan at a cost of approximately
$100,000.00. Motion carried unanimously. MINUTE ORDER NO.
90-129.
3. ADOPTION OF RESOLUTION OF INTENTION TO AMEND CONTRACT WITH
PUBLIC EMPLOYEES RETIREMENT SYSTEM AND INTRODUCTION OF
ORDINANCE.
RESOLUTION NO. 90-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF LA QUINTA.
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City Council Minutes 7 November 20, 1990
MOTION It was moved by Council Members Bohnenberger/
Rushworth, that Resolution No 90-85 be adopted. Motion
carried by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff &
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: One vacancy)
MOTION It was moved by Council Members Sniff/Rushworth to
take up Ordinance No. 183 by title and number only and
waive further reading. Motion carried unanimously.
ORDINANCE NO. 183
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AUTHORIZING AN AMENDMENT OF THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES?
RETIREMENT SYSTEM.
MOTION It was moved by Council Members Sniff/Rushworth
that Ordinance No. 182 be introduced on first reading.
Motion carried by the following vote:
AYES: Council Member Bohnenberger, Rushworth, Sniff &
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: One vacancy)
4. CONSIDERATION OF AUTHORIZATION TO PAY FOR LIGHT USE FOR THE
LA QUINTA SOFTBALL TEAM.
In response to Council Member Bohnenberger, Mr. Kiedrowski
advised that the C.V. Recreation and Parks District charge
other organizations for lighting. A written policy was
requested by the City, but at the present time C.V.R.P.D.
has not responded.
Mayor Pena advised that C.V.R.P.D. has been using the
City's maintained tennis court for approximately 1 year.
Maybe a policy should be considered for that use.
Mr. Kiedrowski advised Council that the only information in
City files on the tennis courts is a program
advertisement. It is not known how often the courts are
used, but the advertisement is for tennis lessons on
Tuesdays and Thursdays between October and April.
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City Council Minutes 8 November 20, 1990
Council Member Bohnenberger requested that this be
discussed at the annual goal setting session in January.
MOTION It was moved by Council Members Bohnenberger/Sniff
that the invoice from C.V.P.R.D. be paid. Motion carried
by the following vote: MINUTE ORDER NO. 130.
AYES: Council Members Bohnenberger, Sniff & Mayor Pena
NOES: Council Member Rushworth
ABSTAIN: None
ABSENT: One Vacancy)
5. CONFIRMATION OF ENVIRONMENTAL REVIEW FOR PROPOSED BERMUDA
DUNES SPHERE OF INFLUENCE AMENDMENT AND AUTHORIZATION TO
FILE APPLICATION.
Mr. Herman advised that this is the first step necessary to
make an application to LAFCO amending the Cities Sphere of
Influence. The amendment would include the area between
Washington and Jefferson north of Fred Waring up to Avenue
36. part of this Sphere of Influence is within the City of
Indio. This City will have to seek an amendment to
eliminate that portion. The remainder of the area in not
in any City's Sphere of Influence. A negative declaration
is recommended for adoption and authorization to file the
appropriate Sphere of Influence amendment application to
LAFCO.
In response to Council Member Bohnenberger, Mr. Herman
advised that to his knowledge the Del Webb project ends at
Avenue 36.
Mr. Kiedrowski advised that the Council's motion could
broadened the boundary to Avenue 34.
R. A. BENDER, 79-607 Country Club Drive, Bermuda Dunes,
questioned if the City has considered talking to the
residents of Bermuda Dunes regarding this Annexation.
Bermuda Dunes has a series of petitions with LAFCO at the
present time that state Bermuda Dunes does not want the
City of La Quinta to annex the County property known as
Bermuda Dunes.
Mayor Pena stated that if Mr. Bender has the petitions, the
City would like to look at them.
PERRY PASTION, Avenue 41 & Yucca Lane, Bermuda?Dunes, stated
his opposition to the annexation into La Quinta.
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City Council Minutes 9 November 20, 1990
JOHN DUNLEVIE, Bermuda Dunes Realty, referred to the 60
signatures received by the City. Mr. Dunlevie stated he
received a copy of the petition and spoke to Mayor Pena
about this survey. The survey was a telephone survey
handled by the Rick Johnson Company asking residents if
they would want to be part of Indio or La Quinta.
Council Member Bohnenberger stated that LAFCO is the sole
determiner and LAFCO has never been known to go against the
majority of the people. They will be requesting and
receiving input from the residents of Bermuda Dunes.
Council Member Sniff stated that this Council is concern
about the people in Bermuda Dunes and their wishes and
would not do anything to prejudice that position.
RESOLUTION NO. 90-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DECLARING ITS INTENTION TO AMEND THE CITY OF LA
QUINTA SPHERE OF INFLUENCE, AMEND THE CITY OF INDIO'S
SPHERE OF INFLUENCE, AND THAT AN APPLICATION FOR THIS
AMENDED SPHERE OF INFLUENCE BE FILED AND EXECUTED WITH THE
RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION.
MOTION It was moved by Council Members Bohnenberger/
Rushworth that Resolution No. 90-86 be adopted amending the
northern boundary to include the northern boundary of the
Del Webb Project. Motion carried by the following vote:
AYES: Council Member Bohnenberger, Rushworth, Sniff &
Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: One Vacancy)
6. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON MINOR
TEMPORARY OUTDOOR EVENT 90-023 TO ALLOW WEEKEND ART SHOWS
AT PLAZA LA QUINTA LOCATED AT THE CORNER OF WASHINGTON ST.
& HIGHWAY 111 CACTUS FLOWER WILLIAMS DEVELOPMENT
CORPORATION.
Mr. Herman explained that this matter was before the
Planning Commission on November 13, 1990. Typically minor
outdoor events are approved by the Planning and Development
Department. Due to the concerns of the past this was sent
to the Planning Commission. The Planning Commission has
recommended approval subject to 17 Conditions attached to
the staff report. One of the conditions being they will
not have a show during the La Quinta Arts Festival. The
hours of the show are 9 A.M. to 5 P.M. on weekends.
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City Council Minutes 10 November 20, 1990
JUDY COMBS, 417 East Treadman Drive, Tempe, Arizona,
address the Council on Condition No. 17. The screening
would become unsafe if the wind blew it over.
In response to Council, Mr. Herman explained the screening
would be of cloth material to be approved by the Planning
Director prior to the first show.
Council Member Sniff stated he is not convinced that the
screen would be necessary.
Mayor Pena advised that this was a problem with the Art
Show last year. Vehicles stopped on the highway causing
unsafe conditions and parked their vehicles on the grass
area. If the area is screened it would alleviate the
problem.
Mr. Kiedrowski advised an additional Condition that should
be included requiring that a State Board of Equalization
permit be obtained to report the sales tax derived from
this event.
MOTION It was moved by Council Members Bohnenberger/Sniff
that the City approve the Temporary Use Permit amending
Condition No. 17 to require screening to be approved by the
Planning Director that will prevent or discourage visitors
from parking on Highway 111 and to prevent artists from
parking on Highway 111 to load and unload and adding
Condition No. 18 regarding the Sales Tax Permit. Motion
carried unanimously. MINUTE ORDER NO. 90-131.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER.
2. APPROVAL OF MINUTES OF NOVEMBER 6, 1990.
3. AWARD OF BID FOR SEWER CONNECTIONS COVE IMPROVEMENT
PROJECT SUBSIDY PROGRAM TO LOW BIDDER HENDRICKSON
CONSTRUCTION IN THE AMOUNT OF $31,183.
4. DENIAL OF CLAIM OF GREGORIA CARDENAS FOR PERSONAL INJURIES.
5. DENIAL OF CLAIM OF GEOFFREY MARCUS FOR PERSONAL INJURIES.
6. MOVED TO BUSINESS SESSION NO. 6
7. APPROVAL OF RELEASE OF DEFERRED STREET IMPROVEMENT BONDS
TRACT 22982 CACTUS FLOWER WILLIAMS DEVELOPMENT
CORPORATION.
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City Council Minutes 11 November 20, 1990
8. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON
VARIANCE 90-014 TO ALLOW RELOCATION OF EXISTING SIX FOOT
HIGH WALL AND INCREASE IN HEIGHT TO NINE FEET FOR A
RESIDENCE AT 77-600 AVE. FERNANDO, ACROSS FROM LA QUINTA
HOTEL NORTH PARKING AREA APPLICANT: WILLIAM & LESLIE
PUGET.
9. APPROVAL OF TEMPORARY CLOSURE OF AVENUE 52 BETWEEN
WASHINGTON AND JEFFERSON BETWEEN 7:30 A.M. AND 10:30 A.M.
ON DECEMBER 2ND FOR LA QUINTA CHAMBER OF COMMERCE 10K RUN.
10. APPROVAL OF REQUEST OF LA QUINTA HOTEL FOR SPECIAL
ADVERTISING DEVICE SEARCHLIGHT) FOR ANNUAL HOTEL CHRISTMAS
PAGEANT ON DECEMBER 4, 1990 FROM 5:30 P.M. TO 9:00 P.M.
11. ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA ACCEPTING A GIFT OF GOLF VOUCHERS
FROM LANDMARK LAND CO.
MOTION It was moved by Council Members Bohnenberger/Sniff
that Consent Calendar Items 1 through 10 be approved as
recommended with Item No. 11 being approved by RESOLUTION
NO. 90-87 Motion carried unanimously.
MINUTE ORDER NO. 90-132.
COUNCIL COMMENT
Council Member Bohnenberger congratulated all the successful
candidates, and said he's looking forward to having Kristy
Franklin on the Council and welcomed back Stan and John.
PUBLIC COMMENT
JAMES BUBBA' LLOYD, 77313 Calle Mazatlan, addressed the
Council on City Council Resolution 69-129 approving amendment to
Specific Plan 121-E, allowing a gate to be erected on Obregon
Street, and the moving of the Fernando gate. The conditions
have now been met and construction has started on the gate. Mr.
Fredericks who owns property has filed an ex parte filing, which
was heard last Friday and received temporary restraining order
for the gate going up at this time. The full hearing will be
held on Friday the 7th of December. The Homeowners Association
have employed the Association Attorney to intervene in the
litigation. Mr. Lloyd who is president of the Homeowners
Association asked the City Council to back the Homeowners
Association in this legal action.
Mayor Pena advised that this is on the Closed Session Agenda and
will be discussed tonight.
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City Council Minutes 12 November 20, 1990
Council Recessed to Redevelopment Agency Meeting.
Council Reconvened
CLOSED SESSION
COUNCIL ADJOURNED TO CLOSED SESSION pursuant to Government Code
Section 54956.9 a) to discuss ongoing litigation with Parc La
Quinta, Indio Case No. 60188, and Potential Litigation Pursuant
Government code Section 54656.9 b) Mobil Gas Station at Highway
111 and Jefferson, and a Potential Litigation in intervention of
the Fredericks Case, Discussion of Potential Land Acquisition
through Eminent Domain Pursuant to Government Code Section
54956.9 Burkett Property Indio Case No. 60203, Discussion of
other land acquisitions pursuant to Government Code Section
54956.8 one being two lots next to the Civic Center Site and
discussion concerning an Indian Springs property which is in
bankruptcy action on that Golf Course; and a joint discussion
with the Agency and the City Council concerning negotiations
with Transpacific Development Company re: Specific Plan 89-14
Pursuant to Government Code Section 54956.8, Discussion of
Personnel Matter Pursuant to Government Code Section 54957.
Council reconvened with no action being taken.
The meeting was ad?ourned to November 26, 1990.
Rt#ect fully submitted,
SAUNDRA L JUHOL?Ci ty Clerk
7 City of La Quinta, California
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