Illegally Installed Playground Importance of Demanding Removal

Dear ALL,

A word of explanation on the importance of removing the Jungle Jim.  First, in a CEQA action, prior non compliance does not set aside a project or compel an EIR.  Second, if it is not in the Administrative Record, it does not exist for purposes of CEQA.  If the Jim was put there illegally, too bad, it is part of the existing environment.

Unfortunately, the Jim was used against the setting and surroundings of the Morgan House.  Everyone assumed it was allowed properly, and there was no argument.  Therefore, for purposes of the water park it is free water so to speak.  The Court takes the environment as it finds it.  CEQA protects Historical Resources and their “immediate surroundings.”  When Leslie provided the pictures of the Morgan House and their “immediate surroundings” it was to keep what was shown in the picture or rather require an EIR because of the adverse impact the project had on what was pictured.  The Jungle Jim was a fact of life, that we had to live with, not knowing any better.  We had to work around it.

I did not secure the truth on this impairment until well after the Hearings, in late May or June.  We have now learned the whole sordid story and have an absolutely rock solid local Zoning issue.  If somehow we could succeed and compel the City to remove what is by Code definition a public nuisance, that would be extraordinary, in fact it would be incredible good fortune, and worth any amount of work.

We would then be in the enviable position of presenting the Court with the Historic Morgan House as it was pictured in the official State Historical Document of 1997.  This would mean that any incursion would almost be a per se attack on the “immediate surroundings” as designated in the document.  The Court would be hard pressed to allow their “seismic” fence five to ten feet away from the Resource, and then allow the destruction of the rest of the surroundings.  The Court could simply hang it’s hat on the Historic Resource and require an EIR.  Game Over.  That is how important the Morgan House is in the CEQA challenge.

This removal will be difficult, regardless of the right and wrong.  The last thing CNL or Ms Jensen wish to see, is the City Council compel Zoning compliance.  There is only one way to accomplish this and that is full court pressure.  Inundate them with emails, demanding immediate compliance.  One email is not enough.  You cannot be concerned with anything other than demanding full protection of the Historic Morgan House, and not letting up.  I know that some of you have not written.  This is probably as important legally as your checkbook, well do not let me go crazy, but you get the point.  If you want to save your tennis facility write wlatta@lquinta.org and demand Zoning compliance.

Never ever underestimate the importance of the Morgan House, in this drive to compel an EIR.  I know that noise, traffic, hydrology, new project etc are the glamour boys.  The Ali phantom punch is going to be the Morgan House.  If you have not understood this fixation of mine on what they have done to this Historic Home, I hope you now see the reason.  The strength is in the numbers, and your willingness to let the Council know you now know what has been done, and you want the violation corrected.  Tell the Council again and again it is unacceptable.  If you have already written, write again, because the Jim is still there, illegal as can be.  Get rid of it, and up go the odds.  It is just that simple.

Public awareness is important so please let Marcel at the Sun know how much you appreciate his work on Cell Tower and encourage him on Jungle Jim.  Same thing on letters, but please write , so the Council is aware you have not, and will not forget. I promise, I would not encourage a wild goose chase.  This is too important an issue.  Sorry for long winded diatribe, but it is that important.  Thanks, Richard

Desert Sun – August 30th, 2007

Dear All, This article appeared in the Desert Sun today. Please post a comment or write a letter to your Council. What is so objectionable is the fact that what Ms Jensen said is untrue. If she is untruthful about a thirty two year veteran Judge, she cannot be relied upon to tell the truth about a water park. The City has not addressed the illegal Jungle Jim either. EVERY ONE OF US DESERVES A TRUTHFUL ANSWER. The Council really needs to hear from you again. Never forget how frustrating those Hearings were when CNL did not tell truth. Here we go again. Keep the pressure on. Never forget. Never Again. Demand the removal of illegal Jungle Jim. It will HELP our case immensely. Wlatta@la-quinta.org , so please keep it up. I was in the Courtroom and Jed Springer interacted by phone with Judge. I promise you what Ms Jensen wrote is untrue, and that is the issue. THE PUBLIC HAS RIGHT TO DEMAND PROTECTION OF MORGAN HOUSE AND JUNGLE JIM DOES NOT COMPLY WITH ZONING CODE PERIOD!

Read the article here.

City and CNL REMOVE NEUTRAL JUDGE CITING PREJUDICE

Dear All,

The hearing on Friday is now off, because CNL-City of La Quinta, have filed the enclosed objection alleging prejudice. Of course, nothing could be further from the truth as Judge Vassey is from the Los Angeles area and if anything, would NOT be an insider. I attended the Hearing last Friday in which the City appeared (Katherine Jensen), and the Judge did not buy her anger and vehemence over two pages, and simply gave the other side two pages, and moved on. (Springer and Zeilenga participated by phone).

I am going to share with you what Ms Jensen wrote to Jed Springer about this Judge, and remember I was there at Springer’s request. Here is what she communicated regarding Judge Vassey last evening:

From: Jenson, Kathy [mailto:kjenson@rutan.com]
Sent: Monday, August 13, 2007 6:08 PM
To: Jeffrey Z. B. Springer
Cc: Jennifer T. Taggart; rzeilenga@szrlaw.com; Tammy Hong
Subject: RE: Save Our La Quinta Neighborhood – Request for Continuance of the Hearing

My understanding is that Judge Vassie is just filling in while our judge for all purpose is on vacation. He is retired — apparently some thirty years on the bench in Inglewood doing criminal. You and Rick did not have the benefit of watching first hand, but I have to say he seemed very disorganized and not able to follow the arguments of counsel or the basics of the matters before him. For what its worth, he seems to have had a somewhat checkered history with the Council on Judicial Performance over sending lawyers to jail for contempt violations. No offense to him, but I was thinking it may be in all of our interest to have this matter heard by our assigned judge. My understanding is that Judge White will be back on Aug. 23.

M. Katherine Jenson

Rutan & Tucker, LLP

611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
714-641-3413 Direct

714-546-9035 Fax

RV Parking Lot Commercial Truck Storage Adjacent to Single Family Residence

I hate to be the spoil sport, but no one likes their privacy wall illegally turned into a Resort elevated parking retaining wall. Sure, it saved thousands and thousands of dollars for KSL, violated the specific plan property rights provision, and is not to be found anywhere on the approved tract map 28545. But, then what else is new. So, whether in morning as the first picture attests ,or at twilight as the two other pictures attest, we can sit outside in the morning or the evening and realize that we are adjacent to an RV Park. I simply ask you, how would you respond if this were your single family residence. I think the developer Walter Morgan would roll over in his grave, upon seeing this type of abuse to the subdivision he created, and this effected property was originally conveyed in 1928, by Walter Morgan.

Quite frankly I had been less active the last few weeks on taking pictures. But in view of the constant commercial truck parking and the kind of insensitivity that allows U-Haul storage on the prior day to these photos, it is obvious that the continuous violation of the zoning code needs to be documented. Just a little sensitivity would have been appreciated, but I was patient, overlooked some recent transgressions, and here we go again. Regards, Richard and Leslie Fredericks

RV Parking Lot Picture

Give Vassie respect

I am utterly shocked that the city attorney of La Quinta would make the awful remarks about Judge Vassie, who was scheduled to hear the case of Save Our La Quinta Neighborhood versus CNL and the city of La Quinta for failure to comply with the California Environmental Quality Act.

 

Judge Vassie is a distinguished retired judge, who was decent enough to help out in Indio because of the workload. He did not deserve her unkind written comments about his inability to grasp litigant arguments. Then, for CNL and the city to kick him off the case for prejudice is an embarrassment to the city of La Quinta.

More importantly, it was horribly unfair to a judge who is not even from around here and who has spent 30 years on the bench.

Have we lost all sense of decency? Vassie has earned and deserves our respect. The city attorney does not speak for us, the ordinary residents of the city. We do indeed appreciate Vassie’s willingness to help, his judicial demeanor, legal acumen and his distinguished career.

On behalf of the ordinary people of La Quinta, please accept our apology.

Eric Heirgood Fredericks
La Quinta