1986 06 17 CC0 AGENDA
CITY COUNCIL CITY OF LA QUINTA
An adjourned regular meeting of the
City Council to be held at the La Quinta
City Hall, 78-105 Calle Estado
La Quinta, California.
June 17, 1986 7:30 p.m.
1. CALL TO ORDER
A. Flag Salute.
2. ROLL CALL
3. PUBLIC COMMENT
This is the time set aside for citizens to address the
Council on matters relating to City business. When
addressing the Council, please state your name and address.
The proceedings of the Council meeting are recorded on tape
and comments of each person shall be limited to three 3)
minutes.
Persons wishing to address the Council regarding an Agenda
item should use the form provided. Please complete one form
for each Agenda item you intend to address and return the
form to the Secretary prior to the beginning of the meet-
ing. NOTE: Except for hearings, comments relative to items
on the Agenda are limited to two 2) minutes. Your name will
be called at the appropriate time.
4. WRITTEN COMMUNICATIONS
A. Communication from Soroptimist Int. of La Quinta,
transmitting a $500 donation to the City towards re-
establishment of the La Quinta Senior Center.
B. Communication from Morgan U. Ward, Jr., Project Chairman
La Quinta Golf Estates, requesting plan check and other
City fees be reduced or waived.
5. COMMENT BY COUNCIL MEMBERS
6. CONSENT CALENDAR
A. Approval of the Minutes of a regular City Council meeting
held June 04, 1986.
B. PROPOSED RESOLUTION. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LA QUINTA, CALIF-
ORNIA, APPROVING DEMANDS.
C. Acceptance of Final Parcel Map No. 21120, Anden Corp.
Applicant.
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0AGENDA City Council
June 17, 1986
Page Two.
D. Denial of claim for general damages, Sandra Carrasco vs.
City of La Quinta.
E. Denial of claim for property and general damages, Arven &
Madeline Kent vs. City of La Quinta and Coachella
Coachella Valley Water District.
F. Denial of claim for general damages, Julie Kent vs. City
of La Quinta and Coachella Valley Water District.
G. PROPOSED RESOLUTION. A RESOLUTION OF THE
CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 4, 1986, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAW
OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
H. PROPOSED RESOLUTION. A RESOLUTION OF THE
CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE REGISTRAR
OF VOTERS OF THE COUNTY OF RIVERSIDE TO CONDUCT A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 1986.
1) Motion for Adoption. ROLL CALL VOTE)
7. HEARINGS
A. A public hearing regarding a Public Nuisance Abatement,
encroachment in the public right-of-way, Lot 1, La Quinta
Golf Estates; David G. Strutt & S.R. laquinta; Joseph
Palozzi, Receiver; and George F. Kossler, Attorney for
Receiver, Appellants.
1) Report from City Engineer.
2) Public Comment.
3) Council Discussion.
4) Resolution for Adoption.
B. A public hearing regarding a request by Coachella Valley
Television for a cable television franchise application;
Palmer Communications, Inc., DBA Coachella Valley
Television CVTV), Applicant.
1) Report from City Attorney.
2) Public Comment.
3) Council Discussion.
4) Resolution for Adoption.
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0 * AGENDA City Council
June 17, 1986
* Page Three.
C. A continued public hearing regarding GENERAL PLAN AMENDME*/
NO. 86-011, a request to amend the General Plan Land Use
Plan on a 154.5-acre site from High Density Residential
to Mixed Use Commercial; a related request initiated by
the City to designate Avenue 48 and Adams Street as the
Highway 111 Bypass", and to upgrade Adams Street on the
Circulation Plan from a Secondary to Primary Arterial;
M.B. Johnson Properties, Applicant.
1) Report from the Community Development Department.
2) Public Comment.
3) Council Discussion.
4) Resolution for Adoption.
D. A continued public hearing regarding SPECIFIC PLAN NO.
83-001, Amendment No. 3, a request to delete 63 acres and
amend densities on portions of the Specific Plan to allow
1,225 dwellings and six 6) acres of commercial on 180
acres, Landmark Land Company, Applicant.
1) Report from Community Development Department.
2) Public Comment.
3) Council Discussion.
4) Resolution for Adoption.
E. A continued public hearing regarding an Amendment to text
of the Municipal Land Use Ordinance by adding the
Special Residential Single-Family Zone", City Initiated.
1) Report from the Community Development Department.
2) Public Comment.
3) Council Discussion.
4) Ordinance for introduction.
F. A continued hearing regarding CHANGE OF ZONE NO. 86-022,
a request to approve a rezoning to Special Residential"
to provide for General Plan and zoning consistency,
located in generally the Cove area and areas east of
Washington Street in the vicinity of Avenue 50 and Calle
Tampico, City Initiated.
1) Report from Community Development Department
2) Public Comment.
3) Council Discussion.
4) Ordinance for Introduction,
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0AGENDA CITY COUNCIL
June 17, 1986
Page 4.
8. BUSINESS SESSION
A. Appointment of one 1) member of the La Quinta Planning
Commission.
1) Motion for Adoption.
B. PROPOSED RESOLUTION. AN RESOLUTION OF THE
CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING THE COMMUNITY
DEVELOPMENT ELEMENT OF THE LA QUINTA GENERAL PLAN FOR
GENERAL PLAN AMENDMENT NO. 86-009.
1) Resolution for Adoption.
C. PROPOSED ORDINANCE. AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL
ZONING MAP FOR THE CITY, BY REZONING CERTAIN PROPERTY
REFERRED TO IN CHANGE OF ZONE NO. 85-020.
1) Ordinance for Introduction.
D. Report from the Community Development Department
regarding award of Bid Specifications No. 86-003
Street Improvements on Avenue 50 and Park Street.
1) Motion for Adoption.
E. Other.
9. ADJOURNMENT
1!
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0 3n**440** 4 *
R * C * I V E D
May 12, 1986
City o* La Quinta
Dear Linelle,
It *ives me great pleasure to present to you and
the Senior Center a check in the amount of *5OO from
our club. We are onlv in our second year, and our
membership only totals 19, but we all feel strongly
that money earned throu*h our fund-r*isin* pro*ects
should be returne* to the community as often as possible.
Vie sympathize with your misfortune regardin* the fire,
but know you vijil make a *`go of it" wherever you are
located.
We send our best wishes to you and those who work
with you for a stron*er La Quinta.
cordially,
*Judie Nelkesian
President
CC. Janie **arding, Treasurer
44
P.O. BOX lOBi LA QUINTA, CALIFORNIA 92253 4
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0 Ia*m?*tanftyGAo*tiotnates
P.O. Box 162
LaQuinta, ca92253 JI.JF! 1 * 1*3B
ITY OF LA QUINJA
COMMUNITY DEVELOPMENT DEPT
June 12, 1986
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
Attention: City Council
Honorable Mayor Pena & Members of the City Council:
Our perimeter wall and service road project you approved
last December is now in Plan Check11 with your City Engineer.
We respectfully request for various good reasons that plan
check and other City fees be greatly reduced or waived.
In order to make our project work correctly our engineers,
J.F. Davidson Company, had to completely engineer the full
width of the ultimate build-out of Eisenhower Drive from
Washington Street to Avenida Fernando south). Because the
City will not have to pay for this again it is a savings to
you of many thousands of dollars.
Further our self-initiated project will greatly improve
traffic safety in the area. That in itself could amount
to tremendous savings to the community in general by means
of reduced accidents.
Another basis for our request is that we are not a
commercial enterprise, and thus, unable to recoup fees
and other costs imposed on us by means of selling homes
leasing space, or providing a business service.
Finally, the citizens of La Quinta will have the benefit
of a completed attractive corridor into the City that would
not have been possible without the roughly 3/4 million dollars
voluntarily provided by our associations members.
May we hear from you soon?
Sincerely,
*or*U. Ward Jr-
Project Chairma'n
+ *,
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0 RESOLUTION NO.
A RESOLUTION OF THE CITy COUNCIL OF THE CI* OF
LA QUINTA, CALIFORNIA, APPROVING DEMANDS.
BE IT RESOLVED by the City Council of the City of La Quinta,
California, to approve demands as shown on the Demand/Warrant
Register dated June 17, 1986.
APPROVED and ADOPTED this 17th day of June, 1986.
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attcrney City Manager
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0S MEMORANDUM
CITY OF LA QUINTA j.
I.---
4%
To: The Honorable Mayor and Members of the City Council
FROM: Community Development Department
DATE: June 17, 1986
SUBJECT: FINAL TRACT MAP NO. 21120
LOCATION: Northwest Portion of the Santa Rosa Cove Specific Plan
Area, Approximately 3600 Feet Northwest of Eisenhower
Drive from the Avenue 50 Entrance Gate.
APPLICANT: Anden Corporation
REQUEST: Approval to Record Tract Map No. 21120
Tract Map No. 21120 represents approximately 14.3 acres of the Santa
Rose Cove Development. The tract consists of thirty-nine 39) lots
two are common use lots).
Requirements for installation of street, drainage, water, sewer and
related improvements have been imposed on this map. A subdivision
agreement and surety bonds have been provided to guarantee the
required improvements. These documents are in satisfactory form.
The City Engineer has certified that Tract Map No. 21120 is in
substantial conformance with the tentative tract map approved by the
City Council on December 17, 1985. The map complies with all provi-
sions of the State Subdivision Map Act and the Municipal Land
Division Ordinance, and that the map is technically correct. It is
the opinion of Staff, that the items of concern on the part of the
City Engineer, being minor in nature, will not affect the approval
process.
The conditions of approval associated with this map have been
reviewed and Staff has determined that the conditions have been
satisfactorily complied with.
STAFF RECOMMENDATI ON
The Community Development Department recommends that the City Council
approve Tract Map No. 21120 and authorize the recordation of the map.
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0STAFF REPORT CITY COUNCIL
June 17, 1986
Page 2.
PREPARED BY: APPROVED BY:
Robert W. Weddle, P.E. Lawrence L. Stevens, AICP
City Engineer Community Development Director
RWW:LLS:dmv
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0 Claim Against Public Entity
TO City of La Quinta:
Sandra Carrasco hereby makes claim against the City of La
Quinta for the sum of $50,000.00 and makes the following
statements in support of the claim:
1. Claimant's post office address is 52-945 Avenida
Mendoza, La Quinta, California, 92254.
2. *otices concerning the claim should be sent to
FESMIRE & WILLIAMS, P.O. Box 1931, Indio, California, 92202.
3. The date and place of the occurrence giving rise to
this claim are April 10, *986, and at the intersection of
Jefferson Street and Avenue 52, La Quinta, California.
4. The circumstances giving rise to this claim are as
follows:
Claimant was driving a Laidlaw school bus and was stopped
at the stop sign eastbound on avenue 52 at Jefferson Street
when the vehicle was rear-ended by a City of La Quinta on-duty
fire engine.
5. Claimant's injuries are whiplash and back pain.
6. The names of the public employees causing the
claimant's injuries are Daniel Reed Talbot and Kelly B. Zombro
and Does 1-XX.
cm.
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0*
7. The claim as of the date of this claim is $50,000.00.
8. The basis of computation of the above amount is as
follows:
Medical Expenses
Incurred to Date unknown at this time
Estimated Future Medical
Expenses: unknown at this time
Loss of Wages: unknown at this time
General Damages: $50,000.00
Total unknown at this time
Dated: June 4, 1986
Melanie Fesmire,
On behalf of Claimant
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0 RICHARD M ENGLISH
A PROFESSIONAL LAW CORP
RICHARD H EN G LIS H *THE VILLAGE AT INDIAN WELLS*' LOS ANGELES COUNTY OrFICES
A PROrESSIONAL LAW CORP 74-947 HIGHWAY III AT COOK). TOWER SUITE C-IC
*O2O EAST SECOND STREET
Or CGLI*$EL INDIAN WELLS. CALIFORNIA 92210 DOWNEY. CALIFORNIA 90241
JOSEPH P LIDDY
CERTIrIED SpECIALIST 6191 340-2777
1213) 923-09S6
WOR*ERS COMPENSATION
APrILIATED WIT*
NONALD H. HALL PACIFIC LAW OFFICES CORONA OFFICES
RICHARD T ENGL*SH GROUP LEGAL SERVICES 219 EAST THIRD STREET
RICHARD W POST
DIANNE L LrDDY CORONA. CALIFORNIA 91720
DAN P LI COY 1714) 734-3590
WILLIAM H THON
H A NY E NO LI S H LLOYD
CERTIVIED PARA*EGAL
June 6, 1986
City of La Quinta
78-105 Calle Estado
La Quinta, CA 92253
Attention: City Clerk
Re: Claim of Arvan & Madeline Kent
Dear Sir:
Enclosed please find a claim and two copies in refer-
ence to the above captioned matter.
Please file this claim and please conform the face
sheet which is also enclosed. Please return the
conformed face sheet showing that the claim has been
filed, in the courtesy envelope which has been en-
closed for your convenience.
Your anticipated courtesy and cooperation is greatly
appreciated.
Sincerely yours,
* IL * *.i *
Cyndi Hart
Secretary to Mr. English
Ic
Enclosures
CERTIFIED
RETURN RECEIPT REQUESTED
ii
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0 RICHARD M. ENGLI5H
A PROrESSIONAL LAW CORP
RICHARD N E NO LIS H THE VILLAGE AT IN DIAk WELLS'' LOS ANGELES COUNTY OrrICES
A PRDrESS,DNAL LAN CDP* 74-947 HIGHWAY III AT COO*I TOWER SUrTE D-'0
8020 EAST SECOND STREET
Or COUNSEL INDIAN WELLS. CALiFORNIA 92210 DOWNEY. CALiFORNIA 90241
JOSEPH P LIDDY
CERT ED SPECIALIST 5191 340-2777
2131 923-0955
WORKERS' CDMPENSAT,DN
ArFI*FATEC WITH
RONALD N HALL PACI*iC LAW OFFICE5 CORONA OrrICES
RICHARD T ENGLIS* GROUP LEGAL SE((VlCE* 2(9 EAST THI*D STREET
RICHARD W POST
0 ANNE L LIDDY CORONA. CALIFORNIA 91720
bA* P LIDDY
7141 734-3590
WILLIAM N THON
NARY ENGLISH LOYD
CEPTIrIED PARALEGAL
June 6, 1986
City of La Quinta
78-105 Calle Estado
La Quinta, CA 92253
Attention: City Clerk
Re: Claim of Julie Kent
Dear Sir:
Enclosed please find a claim and two copies in refer-
ence to the above captioned matter.
Please file this claim and please conform the face
sheet which is also enclosed. Please return the con-
formed face sheet showing that the claim has been
filed, in the courtesy envelope which has been enclosed
for your convenience.
Your anticipated courtesy and cooperation is greatly
appreciated.
Sincerely yours,
&(`**L
Secretary to Mr. English
Ic
Enclosures
CERTIFIED
RETURN RECEIPT REQUESTED
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0 RESOLUTION NO. 86-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 4, 1986, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES.
WHEREAS, under the provisions of the laws relating to general
law cities in the State of California, a General Municipal Election
shall be held on Tuesday, November 4, 1986, for the election of
Municipal Officers; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws
of the State of California relating to General Law Cities, there
is called and ordered to be held in the City of La Quinta, Cali-
fornia, on Tuesday, November 4, 1986, a General Municipal Election
for * purpose of electing a Mayor for the full term of two years;
and * Members of the City Council for the full term of four years.
Section 2. That the ballots to be used at the election
shall be in form and content as required by law.
Section 3. That the Re*istrar of Voters of the County of
Riverside is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and
all supplies, equipment and paraphernalia that may be necessary in
order to properly and lawfully conduct the election.
Section 4. That the polls for the election shall be open at
seven o'clock a.m. of the day of the election and shall remain open
continuously from that time until s**n' o'clock p.m. of the same day
when the polls shall be closed, except as provided in Section 14301
the Elections Code of the State of California.
Section 5. That in all particulars not recited in this
resolution, the election shall be held and conducted as provided by
law for holding municipal elections.
Section 6. That notice of the time and place of holding the
election is given and the City Clerk of *he City of La Quinta
is authorized, instructed and directed to give further or
additional notice of the election, in time, form and manner as
required by law.
Section 7. That the City Clerk shall certify to the passage
and adoption of this Resolution and enter it into the book of
original Resolutions.
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0 MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY ATTORNEY CITY MANAGER
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0 RESOLUTION NO. 86-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, REQUESTING THE REGISTRAR OF
VOTERS OF THE COUNTY OF RIVERSIDE TO CONDUCT A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 1986.
WHEREAS, the City Council of the City of La Quinta, California
called a General Municipal Election to be held on November 4,
1986, for the purpose of the election of a Mayor for * of
office which ends November, 1988, and for election of two Members
of the City Council for a term of office which ends November,
1990. The election of a Mayor is being held pursuant to the City
Council submitting the question of an elected Mayor to the qualifie
electors of La Quinta, which was approved by the electors at a
General Municip***Election held November 6, 1984; and, said
incumbents for t',;* offices of Members of the City Council being
Lawrence 0. Allen and Fred Wolff.
WHEREAS, it is desirable that the Registrar of Voters of the
County of Riverside conduct the General Municipal Election and
canvass the returns of said General Municipal Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the Registrar of Voters of the County of
Riverside is hereby requested to consent and agree to conduct a
General Municipal Election for the City of La Quinta on Tuesday,
November 4, 1986, for the purpose of the election of a Mayor for
a term of office which ends November, 1988, and two Members of the
City Council for a term of office which ends November, 1990, as
above stated.
Section 2. That the Registrar of Voters is author-
ized to canvass the returns of the General Municipal Election.
Section 3. That the City of La Quinta recognizes that
additional costs will be incurred by the County by reason of
thisresolution and agrees to reimburse the County for any costs.
Section 4. That the City Clerk is hereby directed to file
a certified copy of this resolution with the Board of Supervisors
and the Registrar of Voters of the County of Riverside.
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0RESOLUTION NO. 86-
Section 5. That the City Clerk shall certify to the passage
and adoption of this resolution and enter it into the book of original
resolutions.
APPROVED and ADOPTED this day of 1986.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY ATTORNEY CITY MANAGER
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0 MEMORANDUM
*ji*&' 74,
CITY OF LA QUINTA
To: Members of the City Council
From: James Longtin, City *ttorney
Date: June 17, 19e6
Subject: Public Nuisance *batement. Encroachment in Public
Right-of-*ay. Lot 1, La Quinta Golf Estates.
The City of La *uinta and La *uinta Golf Estates Home O*ners
*ssociation 4i 11 soon be constructing certain public improv-
ments on and along the east side of Eisenho*er Drive adjacent
to La Quinta Golf Estates. * recent engineering survey dis-
closed that the masonry fence constructed on Lot I encroaches
into the Eisenho*er Drive public right-of-*ay. Such en-
croachment is illegal, and if it in fact e*ists *ould con-
stitute a public nuisance, and must be removed prior to con--
struction of the ne*ly installed public improvements.
On May 6th I prepared a letter, signed by the City Engineer,
advising the record o*ners of the existence of the encroach--
ment and requesting removal. *ttorney George Kossler, repre-
senting a Receiver to retrieve title to Lot 1, responded by
letter dated May 13th. *s you *ill note in the letter, he is
charged *ith retrieving title on behalf of the real o*n*r of
the lot and the matter is currently in litigation and they
are unable to comply *ith the City's request to remove the
encroachment.
Because of the foregoing, it is necessary for the City to de-
clare this encroachment to be a public nuisance and order its
removal. If the fence encroachment is not then removed, th*
City is authorized to remove and charge the cost of abatement
against the property. The proper action is for the City to
conduct a public hearing, receive a staff report, hear all
interested parties, and thereafter, if appropriate, adopt th*
enclosed resolution.
Resp ly submitted,
J e Longtin
i *ttorney
JL: jd
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0 k
*
*
S.
7B 105 CAL LE ESTADO LA QUINTA, CALI*0RNIA 92253 619) 564.2246
May 21, 19e6
George F. Kossler
610 South Belardo Road
Suite 1400
Palm Sprin*s, C* 92264
Re.* Lot 1, La Ouinta Golf Estates #1.
*batement of Public Nuisance
Dear Mr. Kossler:
Your letter of May 12th to our City Engineer, Robert Weddle,
has been referred to this office for response.
It is my understanding from your letter that it will be some
time until you are finally able to restore title to the
proper owner and you are presently unable to take any action
to correct the fence encroachment which constitutes a public
nuisance. You did state that you will take whatever action
you can to expedite the resolution of this matter so as not
to impede our construction project.
We thank you for your offer to do what you can to expedite
and we understand why you are unable to act to correct the
nuisance at this time. Because of your inability to act, *e
must take the proper and necessary action to declare this
matter a public nuisance by the City Council and to order th*
abatement thereof by the owner, and in the alternative, by
City action. *ccordingly, you will shortly receive a notice
of hearing regarding abatement of the nuisance, which ShoLild
be self-explanatory.
If you have any further questions on this matter or relative
to our procedures in correcting this problem, please contact
my office or the City Engineer.
JL: jd
MAILING ADDRESS P.O. BOX 1504. LA DUINTA, CALIFORNIA 92253
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0( MEMORANDUM
CITY OF LA QUINTA
To Members of the City Council
From. Jim Longtin, City *ttorney
Date. May 16, 1986
Subjeci Re: CVTV Cable TV Franchise *pp!1c*a*tion. *na.Iysis of
Federal and Local *uthor1ty.
Palmer Communications, Inc. DB* Coachella Valley Television
CVTV), has applied for a franchise to operate a cable television
system within the city of La *uinta. CVTV has maintained slich *
system within the area now incorporated as the City of t*a Oiiinta
since 1965, pursuant to a 25 year franchise issued by the CoLLnty
of Riverside on 8/30/65. The county franchise was renewed by the
county as to the unincorporated territory on May 22, 19e4. The
county could not, of course, renew on behalf of the newly inror*
porated City of La Ouinta and that franchise will expire in 1990.
CVTV has been operating in the La Quinta area since 1965 and is
the only C*TV provider in La Quinta at this time.
During the 1960's and 1970's, regulation of cable television was
almost entirely at the local municipal level. Thus, cities have
the authority to regulate, by franchise, almost every aspect of
C*TV including quality standards of transmission and constimer
rate regulation. The law regarding municipal regulation of c*b1e
changed dramatically in the 1990*s throu*h 1 court victorie* by
the cable TV industry in first amendment free speech) bas*d l*w
suits challenging the constitutionality of local government r Pgti-
lation of cable TV and 2) federal control over certain aspects of
cable TV by the FCC persuant to the Cable Communication Policy *ct
of 1984. Cities still have important powers and interests to pro-
tect in the regulatory process, and these interests have been con
firmed by the recent Federal legislation. Cities have the st*tii-
tory authority to establish requirements for system capacity, con-
sumer protection procedures, local access channels and financial
aid, and franchise fees. However, Federal law has now **reempted
the cities power to specifically control quality of picture tr*ns
mission by establishment of technical standards at variance to
those established by the FCC; and cities have generally lost the
power to regulate rates and charges for cable service to the con-
sumer.
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0)I have reviewed the proposed franchise ag*eement and the new Fed
eral Cable *ct and Chapter 5.10 of the tiuniciple Code relative to
cable television systems. *s a result of this review, I hav* made
several revisions in the proposed franchise agreement, which have
been accepted by CVTV. My primary intent is to provide a fran
chise which reserves powers to the city to the full extent provid-
ed under the law; yet providing a fair agreement to the cable
operator providing the necessary degree of financial security and
*redictability in terms of long-term planning and financing for
the system. Important regulatory provi*ions are discussed below.
Term and Renewal of Franchise. The agreement provides for a fif
teen year term for the franchise and refers to Municipal Code
5.10.050 for provisions relative to franchise renewal. This s*c
tion of the municipal code itself provides for a fifteen year tern
for the franchise and provides that the franchisee may apply for
renewal for unlimited additional terms of fifteen years* which
renewal shall not be unreasonably withheld if the franchisee has
substantially complied with the terms and conditions of the exist-
mg franchise. In effect, this means that the franchise is grant-
ed for an unli*ited indefinate period into the future so long as
the franchisee substantially complies witr the franchise terms and
rules. These provisions on term and renewal are in general com--
pliance with the new Federal Cable *ct. Under the *ct, cities *re
required to renew the franchise unless they affirmativly demon-
strate grounds for nonrenewal, which are 1) the operator has not
complied with the present franchise or law; 2) service ha* been
inadequate; 3) the operator does not have the wherewithal to de
liver what its proposal offers; 4) the operator refuses to me*t
reasonable future community needs and interests. *lso, a cit*
seeking to avoid renewing an expiring franchise must rim a diff*
cult legal obstacle course as far as conducting hearings in prov-
ing grounds for nonrenewal. These Federal provisions relativ* to
nonrenewal were the result of hard cable industry lobbying for
statutory expectations of renewal since the industry makes 3 *rge
capital expenditures on cable plant which is rendered nearly
worthless for reuse anywhere else; thus they must have a stron*
expectat ion of franchise renewal in order to aake their operat ions
financially feasible for the long-term. Cities are generally pro-
tected in this regard in that they retain the right to grant ad--
ditional franchises and the Federal Cable *ct itself genevally
provides that the operator meet techincal specifications which ar*
updated to meet state of the art improvements in the cable inciust-
try.
Franchise Fee. The agreement Section 3.3) provides that CYTY
pay a franchise fee of 5*A of gross revenues to the city as a fran--
chise fee. This percentage is in accordance with municipal ordi
nance and is the maximum allowed under federal regulations.
Technical Standards Relative to Picture Quality. Sections 5.*
5.12 set forth applicable technical standards relative to picti*re
quality. They generally provide that FCC standards and regula-
/1
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0*tions apply to the cable operations. Provisions are made for per--
jodic performance testing and maintenance and repair of the sys-
tern. In general, CVTV is required to meet or e*ceed federal
standards and to provide a cable service and picture quality that
is continually State of the *rt."
6ys*tem Ca*ac1t*. Public, Educational, and Governmental *ccess.
VTV is required to provide a minimum of 32 activated channels in
a system capable of carrying 54 channels and the full FM broadcast
band, at ultimate capacity. Section 5.2 L 5.10) Under the Ytew
cable act, cities have authority to ask for, and enforce, dedi--
cation of channel space to various local access uses, and certain
types of financial aid to local access programming. Cities may
require any number of channels, with the proviso that cable oper-
ators may utilize those public educational and government channe*s
not actually being programmed by local access users. The *grPe--
ment provides for one channel for government access and another
channel for educational access Channel 35 L 36, per Section 6.]).
CUTY agrees to maintain and operate a color equiped studio with
full capability for live programming within the service area of
the system and to make such facilities available at no char*e for
cable casting local government, educational and public affairs
programming Section 5.5). *dditionally, CUTY will designate an
organization to serve as the local or valley wide entity to pm
mote and supervise the production of local programming in the ser-
vice area of the system and will provide financial support in thr
sum of $1,000.00 per year for public benifit programming to be
allocated by the access channel manager.
Consumer Protection Procedures Subscriber Comp1a!nt*s). The con-
sumer protection sections of the Federal Cable *ct provides th*t
cities may require procedures to guarantee good customer se* vice.
It authorizes municipalities to do a number of important things.
It allows franchise provisions related to interrLipt ion of service,
disconnection, rebates and credits to consumers, complaint re
sponse procedures and deadlines, construction deadlines, *nd bonds
or letters of credit to guarantee performance of any constr*iction
and service commitments made by the operator. The agreeni*nt h*s
been amended to incorporate the provisions of Municipal Code
5.10.030 C relative to subscriber complaints. CUTY is required to
limit system failures to mininum time duration and correct mal--
functioning promptly but in no event longer than 2* hours *fter
occurrence; and, upon a complaint by a subscriber, demonstrate that
a signal is being delivered which is sufficient strength and qLI*l-
ity to meet required standards. Other provisions are made real---
tive to efficient service; prompt repairs; office within fift***i
miles of the city; manned on a 24-hour day toll-free telephone
service basis; and, keeping a written log of customer com*'laints
which is available to the city upon inspection.
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0+ The franchise agreement has been revie*ed in detail and compared
against Federal and local regulations. It is a fair document that
provides CVTV *ith resonable economic e*pections relative to thpir
capital system investment and provides the city *ith maximum con*-
trol in accord *ith the Federal Cable *ct of 1*84. It is reco*-
mended that the agreement be approved by ordinance.
Respectively submitted,
gs*tin, *
JL: 3d
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0j MEMORANDUM
CITV OF LA QUINTA
TO: The Honorable Mayor and Members of the City Council
FROM: Community Development Department
DATE: June 17, 1986
SUBJECT: GENERAL PLAN AMENDMENT NO. 86-011
CONTINUED)
LOCATION: Northeast Corner of Washington Street and the Avenue 48
Alignment
APPLICANT: M. B. Johnson Properties
REQUEST: Amend the General Plan Land Use Plan on a 154.5-Acre Site
from High Density Residential to Mixed Use Commercial. A
Related Request Initiated by the City to Designate Avenue
48 and Adams Street as the Highway 111 Bypass'1, and to
Upgrade Adams Street on the Circulation Plan from
Secondary to Primary Arterial.
Materials prepared for the June 3, 1986 agenda packet on this matter
should be brought to this meeting.
No additional information on this matter has been prepared since none
was requested. A resolution based on the Planning Commission
recommendation has been prepared for possible Council adoption.
SUBMITTED BY:
Lawrence L. Stevens, AICP
Community Development Director
LLS:dmv
Atch: Resolution fQr Adoption
7'G.
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0o MEMORANDUM
CITY OF LA QUINTA
TO: The Honorable Chairman and Members of the City Council
FROM: Community Development Department
DATE: June 17, 1986
SUBJECT: SPECIFIC PLAN NO. 83-001, AMENDMENT NO. 3 CONTINUED)
LOCATION: Generally Bounded by Avenue 50 on the North, Calle
Tampico and Avenue 52 on the South, Avenida Bermudas
on the West, and Adams Street on the East.
APPLICANT: Landmark Land Company of California, Inc.
REQUEST: Approval to Delete 63 Acres and Amend Densities on
Portions of the Specific Plan to Allow 1,225 Dwellings
and 6 Acres of Commercial on 180 Acres.
Please bring materials prepared for the June 3, 1986 agenda packet
on this matter with you.
In addition to the information in previous memoranda, Staff under-
stands that the Applicant will also object to the following:
* Conditions Nos. 8.a. and 8.b. medians, traffic analysis
* Conditions Nos. 9. and 10. noise analysis
Staff will discuss these and other objections in its presentation
at the study session and meeting.
A resolution has been prepared based on the Planning Commission
recommendation to allow Council to act on this matter.
SUBMITTED BY:
Lawrence L. Stevens, AICP
Community Development Director
LLS:dmv
Atch: Resolution for Adoption
III
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0r MEMORANDUM
CITY OF LA QUINTA
TO: The Honorable Mayor and Members of the City Council
FROM: Community Development Department
DATE: June 17, 1986
SUBJECT: AMENDMENT TO TEXT OF THE MUNICIPAL LAND USE ORDINANCE
CONTINUED)
LOCATION: City-wide
APPLICANT: City Initiated
REQUEST: Amend the Ordinance by Adding the Special Residential
Single-Family Zone"
Materials prepared for the June 3, 1986 agenda packet on this matter
should be brought to this meeting. These materials include the
Architectural and Landscape Standards Manuals even though they are not
yet ready for adoption.
No additional information on this matter has been prepared since none
was requested.
SUBMITTED BY:
Lawrence L. Stevens, AICP
Community Development Director
LLS:dmv
L.
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0s MEMORANDUM
CITY OF LA QUINTA
*---
TO: The Honorable Mayor and Members of the City Council
FROM: Community Development Department
DATE: June 17, 1986
SUBJECT: CHANGE OF ZONE NO. 86-022 CONTINUED)
LOCATION: Generally the Cove Area and Areas East of Washington
Street in the Vicinity of Avenue 50 and Calle Tampico
APPLICANT: City Initiated
REQUEST: Approve a Rezoning to Special Residential'1 to Provide
for General Plan and Zoning Consistency
Materials prepared for the June 3, 1986 agenda packet on this matter
should be brought to this meeting.
No additional inforrnation on this matter has been prepared since none
was requested.
SUBMITTED BY:
Lawrence L. Stevens, AICP
Community Development Director
LLS:dmv
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0t 34
May 19, 1986
Honorable Mayor John Pena,
La Quinta City Council
Chairman, Tom Thornberg, Planning Commission
Honorable Mayor Pena,
This letter is in regard to my expiring term as Planning Commissioner.
I wish to thank all of you for the 6pportunity of serving the finest
City in the Coachella Valley. During my term I was instrumental in the
completion of the City's General Plan, and in the improved standards
for single family residential dwellings. I support architectural and
landscape standards that will illustrate our commitment to the aesthetic
quality of our City.
I am requesting that you consider me for a*other term on the Planning
Commission. I am proud to serve the Council and our City and wish to
continue to do so in the future. If considered, this would be my first
full term as a Planning Commissioner. I filled a vacancy in 1984.
During my time on the Commisssion I have not missed a meeting. I have
always been available to citizens who need information about our Planning
process and I have given, and would continue to give, the extra time
necessary to fulfill this important part of our City government.
Again, let me thank you and all who have taught me 50 much about this
vital part of our planning.
Si rely,
cia Moran
cc: City Council
Tom Thornberg, Chairman, Planning Commission
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0
RESOLUTION NO. 86-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
THE COMMUNITY DEVELOPMENT ELEMENT OF THE
LA QUINTA GENERAL PLAN FOR GENERAL PLAN
AMENDMENT NO. 86-009.
WHEREAS, the Planning Commission has recommended approval of
General Plan Amendment No. 86-009 pursuant to Section 63350 et seq.
of the California Planning and Zoning Law and has transmitted the
same to this City Council in compliance with Section 65354 of said
Law; and
WHEREAS, the City Council has held at least one public hearing
on General Plan Amendment No. 86-009, as required by Section 65355 of
the California Planning and Zoning Law; and
WHEREAS, the establishment of a density bonus system for the
provision of affordable housing in the City of La Quinta to facili-
tate the goals and policies of the General Plan Housing Element is
not necessary since Section 65915 of the California Planning and
Zoning Law already provides for such bonuses where a developer
proposes at least 25% of the housing units to be affordable to
nioderate income persons; and
WHEREAS, a density bonus granted for projects incorporating
particularly desirable design amenities is desirable to further the
goals and policies of the La Quinta General Plan; and
WHEREAS, a density bonus system is appropriate to encourage the
use of innovative, attractive, and imaginative designs in residential
projects; and
WHEREAS, quality, type, and quantity of particular residential
project design amenities are a basis for determining desirability for
which the density bonus applies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of La Quinta does hereby amend the La Quinta General Plan Community
Development Element to establish a density bonus system for projects
incorporating particularly desirable design amenities as set forth in
attached Exhibit A".
BE IT FURTHER RESOLVED that the City Clerk shall endorse on said
General Plan Amendment No. 85-009 the date of its adoption by the City
Council and the date of its approval by the Planning Commission.
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0RESOLUTION NO. 86-
APPROVED and ADOPTED this day of 1986, by the
following vote:
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY ATTORNEY CITY MANAGER
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0 ORDINANCE NO. 86-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
THE OFFICIAL ZONING MAP FOR THE CITY, BY
REZONING CERTAIN PROPERTY REFERRED TO IN
CHANGE OF ZONE NO. 85-020.
The City Council of the City of La Quinta does ordain as follows:
SECTION 1. Section 4.10 of Riverside County Ordinance No. 348
which was adopted by reference by this City Council by Ordinance No.
5, operative August 29, 1982) and La Quinta District Official Zoning
Plan Map No. 14, as amended, are further amended by rezoning from
R-2-3350 to R-3, those certain parcels shown and depicted for such
rezoning on the map which is attached to and made a part of this
ordinance, and which attached map is labeled Exhibit A11, Change of
Zone 85-020.
SECTION 2. EFFECTIVE DATE. This ordinance shall be in full
force and effect thirty 30) days after its adoption.
SECTION 3. POSTING. The City Clerk shall, within 15 days after
passage of this ordinance, cause it to be posted in at least three
public places designated by resolution of the City Council; shall
certify to the adoption and posting of this ordinance; and, shall
cause this ordinance and its certification, together with proof of
posting, to be entered into the Book of Ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of
the City Council held on this day of 1986, by the
following vote:
AYES:
NOES:
ABSENT:
MAY
8.c
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY ATTORNEY CITY MANAGER
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0S MEMORANDUM
CITY OF LA QUINTA
I.---
TO: The Honorable Mayor and Members of the City Council
FROM: Community Development Department
DATE: June 17, 1986
SUBJECT: AWARD OF BID NO. 86-003 STREET IMPROVEMENTS ON
AVENUE 50 AND PARK STREET
The construction of street widening of Avenue 50 at the new City Park
site and the park access road to the school site has been advertised
for bids.
The bid summary is as follows:
1. Massey Sand and Rock Co. Indio $ 138,366.00
2. Allred & Kyser Construction Palm Desert 148,439.00
3. Matich Corporation San Bernardino 151,517.00
4. E. L. Yeager Company Riverside 182,015.00
City Engineer's Estimate 175,000.00
The easement for the street access road has been received and will be
recorded shortly. However, the Avenue 50 and parkland dedications
have not occurred due to problems recording the parcel map.
If the necessary street easements and park land cannot be secured,
then the project could not be constructed as proposed.
Imperial Irrigation District, while initially indicating that the
power poles in Avenue 50 would be relocated in conjunction with the
La Quinta Lodge/Oak Tree West pole relocation work this summer,
has not provided the City with a new time line. Should the pole
relocation work not occur, then Staff would recommend that we modify
the project construction for the paving work, since we do not want
to have power poles in the travelway of the widened street.
The modified project, if necessary, would construct all the curbs
and gutters, sidewalks, grading and the full access road and pave
Avenue 50 to its existing width.
sr
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0STAFF REPORT CITY COUNCIL
June 17, 1986
Page 2.
STAFF RECOMMENDATION
Award of Bid No. 86-003 to Massey Sand and Rock Company of Indio,
California, in the amount of $138,366.00, subject to the City securing
the necessary street easements.
PREPARED BY: APPROVED BY:
Robert W. Weddle, PE Lawrence L. Stevens, AICP
City Engineer Community Development Director
RWW:LLS:dmv
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