1986 12 02 CC5k AGENDA
CITY COUNCIL CITY OF LA QUINTA
A regular meeting of the City Council
to be held at City Hall, 78-105 Calle
Estado, La Quinta, California.
December 2, 1986 7:30 p.m.
1. CALL TO ORDER
A. Flag Salute.
2. ROLL CALL
3. CONFIRMATION OF AGENDA.
4. 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
Secretary prior to the beginning of the meeting. NOTE: Except
Agenda item you intend to address and return the form to the
* for hearings, comments relative to items on the Agenda are
hearings, comments relative to items on the Agenda are
limited to two 2) minutes. Your name will be called at
the appropriate time.
COMMENT BY COUNCIL MEMBERS
HEARINGS
A. Public Hearing Weed/Public Nuisance
APPLICANT: City Initiated.
Abatement
LOCATION: City-Wide.
cm
PROJECT: Public Nuisance Abatement/Lot
Clearing Assessment.
1) Motion to adopt Resolution No. 86-96.
7. WRITTEN COMMUNICATIONS
8. BUSINESS SESSION
A. ORDINANCE NO. 103. AMENDING TITLE 2 ADMINISTRATIQN
AND PERSONNEL) OF THE LA QUINTA
MUNICIPAL CODE.
1) Ordinance for introduction.
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5k AGENDA City Council
December 2, 1986
Page Two.
jI*. Continued discussion regarding CVAG Resolution No. 87-1:
Opposition to the Construction and Operation of the
Proposed Colmac Energy Biomass Plant. Presentation by
Colmac).
1) Notion for adoption.
Discussion of new State School Fee Program. City Manager)
1) Motion to suspend Resolution No. 84-14.
D. Award of Bid No. 86-008 Washington St./Highland Palms
Traffic Signal. City Engineer)
1) Motion to award bid to Paul Gardner Corp., Ontario,
in the amount of $52,763.00.
*. Consideration and approval of City/Staff Reorganization.
1) Motion to approve.
*F. Request for approval of contract with Ralph Anderson &
Associates for executive recruitment of Public Works
Director/City Engineer.
1) Motion to approve.
G. Request from Lawrence 0. Allen for reimbursement of salary
costs.
1) Motion to approve.
H. Award of Bid for demolition project: 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 Geo. F. Kossler, Attorney
for Receiver. Community Safety Director)
1) Motion to award bid.
9. COMMISSIONS AND COMMITTEES Minutes or Reports)
A. Planning Commission minutes. October 28 and November 12,
1986)
*l0. CONSENT CALENDAR
A. Approval of Minutes, City Council. November 18, 1986)
B. RESOLUTION NO. 86-97. APPROVING DEMANDS.
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5k AGENDA City Council
December 2, 1986
Page Three.
C. Claim Rejection Betty Leigh Hartz vs. City of La Quinta,
for property damages in the amount of $372.75.
D. Claim Rejection Application for Leave to File Late
Claim Grigg Automotive Mfg., vs. City of La Quinta,
injury to personal property in the amount of $17,799.50.
1) Motion to adopt Consent Calendar.
11. REPORT OF OFFICERS
City Manager
A. Report on Group Medical Insurance Plan.
City Attorney
A. Report on Brown Act Open Meeting Requirements.
Deputy City Manager
A. Senior Center Activity Report October, 1986.
B. Senior Center Activity Report November, 1986.
Finance Director
Community Development & Redevelopment Administrator
Community Safety Director
A. County Fire Dept. Contract Cities Report/October
Planning Director
A. Building Permit Statistics October, 1986.
B. County Housing Authority Report/Section 8.
C. Report re: Construction Announcement Sign at School
La Quinta School Site.
D. La Quinta Boundary Chronology.
f*2* ADJOURNMENT
FOR STUDY SESSION DISCUSSION:
1) Resolution No. *2-31
Acceptance of Deeds or Grants
Cr-
*
3
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Community Safety Department
DATE AGENDA ITEM #
/APPROVED oDENIED
TO: Ron Kiedrowski, City Manager CONTINUEDTO
FROM: Roger Hirdler, Community Safety Director
DATE: December 2, 1986
SUBJECT: WEED ABATEMENT/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON
1987/1988 PROPERTY TAX ROLL
The purpose of this hearing is to provide the Council the opportunity
to hear and consider all public objections and protests, if any, to
the report filed with the Council containing a description of each
real property parcel cleared or cleaned by the City of La Quinta.
Notices of tonight's public hearing were sent to each property owner,
advising them of the hearing date. No written communications have
been received regarding this rnatter.
Following public comment and close of the public hearing, it is
respectfully recommended that the Council take the following action:
1. Adopt the proposed Resolution approving and
adopting the Resolution to place the cost of
cleaning said lots on the 1987/88 property tax
roll.
Respectfully submitted,
Roger Hirdler
Community Safety Director
RH/es
78105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 619) 564-2246 1/
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5k RESOLUTION 86-96
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
WHEREAS, Chapter 11.72 of the La Quinta Municipal Code provides
for the declaration and determination of certain conditions of
property to be a public nuisance and further provides for the
abatement of said nuisance by certain procedures including abatement
by the City and collection of the cost of said abatement on the tax
rolls; and
WHEREAS, in accordance with said abatement procedures, the
Community Safety Director of the City of La Quinta, as agent of the
City Manager, has determined that a public nuisance exists on the
following described premises, and has given the notice required by
law, and the owner thereof has failed to appeal said determination
and has failed to abate said nuisance as required in said notice; and
WHEREAS, in accordance with said abatement procedure, the
Community Safety Director has, by contract, provided for the
abatement of said public nuisance on said properties and has filed a
report thereon with the City Council and the City Council has
conducted a hearing on said report and the assessment of said costs
against said properties.
NOW, THEREFORE, the City Council of the City of La Quinta does
hereby RESOLVE as follows:
1. The City Council hereby finds, determines, and declares that the
City has abated a public nuisance on each of the following
described premises and has conducted a hearing on assessment
of the costs of said abatement in the time and manner as required
by law and further determines that there were no objections or
protests to assessments of said costs by any interested party.
2. The City Council hereby finds, determines, and orders that the
report of the Community Safety Director relative to assessment
of costs is hereby approved and the City Council hereby orders
that the following costs are hereby assessed as liens against the
following properties and the amount of said assessment shall be
collected at the time and in the manner of ordinary property
taxes:
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5kResolution 86-96
Page 2
ASSESSOR'S COST TO 25% ADMINI-
OWNER PARCEL # ABATE STRATIVE COST TOTAL
California 773-284-024 $214.50 $53.63 $268.13
Castles, Inc.
Kanner, Myna 774-085-023-0 115.50 28.88 144.38
Kanner, Myna 774-085-024-1 115.50 28.88 144.38
McClelland, 773-315-005 405.00 101.25 506.25
Brennan T.
Overstreet, Emily 773-062-001-2 227.50 56.88 284.38
San Fernando 773-161-014-0 602.50 150.63 753.13
Airpost Corp.
Smith, Donald E. 773-326-022-6 187.50 46.88 234.38
Smith, Trudie 773-163-015-7 203.50 50.88 254.38
Wadworth, Henry J 774-085-018-6 115.50 28.88 144.38
3. The City Manager is hereby directed to transmit a certified
copy of this Resolution to the tax collector of the County of
Riverside and said tax collector is hereby requested to collect
the amount of each assessment herein at the time and in the
manner of ordinary property taxes.
APPROVED and ADOPTED this 2nd day of December, 1986.
MAYOR
ATTEST:
CITY MANAGER/CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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5k DATE AGENDAITEM#
4PPROVED oDENlED
oCONTINUED TO
ORDINANCE NO. 103
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING TITLE 2 ADMINISTRATION
AND PERSONNEL) OF THE LA QUINTA MUNICIPAL CODE,
RELATIVE TO THE OFFICES OF DIRECTOR OF FINANCE AND
GENERAL SERVICES AND CITY TREASURER.
The City Council of the City of La Quinta, California, does ordain
as follows:
SECTION 1. Section 2.12.030, Chapter 2.10 Director of Finance
and General Services) of Title 2 Administration and Personnel) is
hereby amended by adding thereto which is to read as follows:
2.12.030 Duties. The duties of the director of finance and
general services shall be as follows:
A. To serve as chief fiscal officer of the city;
B. To serve as city treasurer as established pursuant to
Section 36501 of the Government Code of the State;.
C. To perform all financial and accounting duties imposed upon
the city treasurer by Sections 41000 through 41007 of the Govern-
ment Code;
D. To assist and advise the administration and the city council
in all matters pertaining to city finances;
E. To perform all financial and accounting duties imposed upon
the city clerk by Sections 40802 through 40805 of the Government
Code;
F. To develop and maintain, in accordance with the state laws
and City ordinances and the best accepted procedures, adequate
financial records, reports and budgetary control of all receipts,
disbursements and reserves of the city;
G. To supervise the keeping of current inventories of all prop-
erty of the city departments, offices and agencies;
H. To prescribe and develop accounting forms, reports and
procedure in conjunction with administrative needs and requests,
and as required by law;
I. To audit all demands in accordance with Sections 3.16.020
through 3.16.050 and 3.16.080;
J. To prepare annually for budget purposes an estimate of
revenues for the city manager, and assist the city manager in
compiling the annual budget in accordance with the prescribed
chart of accounts and accepted procedures;
K. To assist the city council and the city manager in
formulating a long range financial plan and program;
L. To perform such purchasing duties as delegated to the
director of finance and general services by the city manager;
and
1
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5kOrdinance No. 103
Page 2.
M To perform such other duties related to administrative and
general services for the municipal government and business
operations as may be delegated to the director of finance and
general services by the city manager.
SECTION 2. Chapter 2.15 City Treasurer), shall be repealed
in its entirety, as follows:
Sections:
2.15.010 Authority for office.
2.15.020 Compensation.
2.15.030 Functions.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in
full force and effect thirty 30) days after passage.
SECTION 4. POSTING. The City Clerk shall within 15 days
after passage of this ordinance, cause it to be posted in at least 3
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 in the book of ordinances of the City.
The foregoing ordinance was approved and adopted at a meeting of
the City Council held on the day of
1986, by the following roll call vote:
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
CITY MANAGER/CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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5k DATE AGENDAITEM#
MEMORANDUM APPROVED D*1ED.
CITY OF LA QUINTA pq CONTINUED TO*j**
To: Mayor and City Council
F*om.. Ron Kiedrowski, City Manager
Date: November 26, 1986
Subject: Continued Discussion Proposed Colmac Biomass Plant
At the Council meeting held November 18th, it was the Council*s
decision to continue discussion of CVAG Resolution 87-1, Opposition
to the Construction and Operation of the proposed Colmac Energy
Biomass Plant near Mecca. Pursuant to Council direction, staff has
asked representatives of Colmac to be present Tuesday, December 2, to
clarify concerns or answer any questions the Council may have
pertaining to their proposal.
Please bring the materials regarding this subject which were
distributed in your packets November 18th, to avoid unnecessary
duplication.
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5
k Desert Sands urn*fiea Scliool Di.trict
U*7I HDG*4wAY Ill e INDIO CALFOANIA
IiOIANWRS U November 13, 1986
PALM DESEAT
*LA**OLDWTA*
DATE AGENDAITEM#
* APPROVED DE1*lED
oCONTINUED TO
Honorable Council Members
City of La Quinta
P. 0. Box 1504
La Quinta, CA 92253 Attention: City Manager
Re: New State School Fee Program
Gentlemen:
As you no doubt know by now, the state has enacted
a new school fee program which will go into effect on
January 1, 1987, and which will move school fee levying
authority and responsibility onto us. This will be
quite a change, and we are already hearing the pros
and cons on it. However, the way the law operates
means that we have no choice but to begin levying the
state-set fees at the beginning of next year.
Because this new state program contains at least
two self-destruct mechanisms which repeal the new law
if a statewide school facilities bond issue fails
passage, we are hoping that you will not repeal
Resolution NQ. 84-14, which you were kind enough to
enact at our request in 1984. Instead, we hope that
you will merely suspend its operation for the period of
time during which this new state program is in effect.
This could save a great deal of time, effort and
political debate at some future point if the state
program self-destructs and we are forced to look to our
own devices here locally, again. We still need new
school facilities, and we hope to be able to use the
state program to get them. However, the state has not
given us the long-term certainty we need, and this is
why we are asking for your to suspend your police power
mitigation fee ordinance rather than repealing it.
We really do thank you on behalf of the students,
parents and teachers of our school district for your
willingness to assist us with school facilities
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5kCouncil Members/City Manager 2- 11/13/86
exactions during a very difficult period of time. We
know that this has not been easy for you to do
politically, and we thank you for your courage and for
your support.
A copy of the fee resolution we propose to enact
is enclosed in draft form for your review. We would
appreciate hearing any comments you may have on it,
either before or after its enactment. Also enclosed is
a suggested rough form of the action you could take if
you would be willing to do so to suspend the
effectiveness of your ordinance during the life of the
state program.
We are also enclosing our certification form which
the builder will provide to you with an original
signature and a suggested implementation plan.
Our intent is to make the program as effective as
possible while minimizing the confusion, if at all
possible.
Thank you very much for all your help.
Yours truly,
Preside*; Board of Trustees
Desert Sands Unified School
District
Enclosures
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51k MEMORANDUM
CITY OF LA QUINTA
DATE AGENDAITEM#
APPROVED oDENlED
oCONTINILED TO
To: Ron Kiedrowski, City Manager
FROM: Engineering Department
DATE: December 2, 1986
SUBJECT: Award of Bid No. 86-Ofla Construction of Traffic Signal and
Safety Lighting at the Intersection of Washington Street at
Highland Palms Drive
The construction of a traffic signal, signal safety lighting and
intersection traffic striping has been advertised for bids, as directed by
the City Council on September 16, 198?. The bid opening was held on
November 20, 1986.
The bid summary is as follows:
I. Paul Gardner Corporation, Ontario $ 52,763.00
2. Paige Electric Co., San Bernardino 53,496.00
3. DBX Inc., Temecula 56,325.00
4. Steiny and Company, Inc., Fullerton 64,000.00
The low bidder, Paul Gardner Corporation, is constructing our current
signal project on Eisenhower at 50th Avenue, and this firm constructed the
Eisenhower at Washington signal a few years ago. All of their work has
been acceptable.
Prior to awarding this project to the low bidder, a budgetary fund
transfer is necessary as this was an unbudgeted project. Discussions with
the City Finance Department have resulted in our recommending that an
amount of *63,000.00 be transferred from the currently budgeted Washington
Street at 50th Avenue Traffic Signal Project Account No. 4813-145-000) to
fund our current project. This would leave *26,950 remaining in the
various accounts for the Washington/SOth Avenue signal project,
This fund transfer amount would cover the cost of design, construction,
construction inspection, any minor roadway work necessary to complete the
project, and utility connection costs.
The bid amounts for this project were low, with respect to the normal for
signal projects in general. The reason for this is that our project is
being installed at a simple Tee-intersection with a major portion of the
work signal poles and conduits) being constructed in unimproved
rights-of-way.
Li*
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52kCity Council
Page 2
December 2, 1986
Recommendation
1. That Council transfer 163,000 in funds from Account No. 4813-145-DOG
*ashington at 50th Avenue Traffic Signal) and establish an account
for the Washington Street at Highland Palms Drive Traffic Signal.
2. That council award Bid No, 86-008 to Paul 6ardner Corporation of
Ontario, CA in the amount of *52,?63.O0
PREPARED BY:
Robert W. Weddle, P.E.
City Engineer
RWW:psn
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53k DATE A*ENDA ITEM #
* APPROVED DE*flED
oCONTINUED TO
Ralph Andersen 1446 Ethan Way 3860 West Northwest Highway
& Associates Suite 101 Suite 230
Sacramento, CA 95825 Dallas, TX 75220
916) 9295575 214) 9567097
November 26, 1986
TO: Mayor Hoyle and City Council
City Manager Ron Kiedrowski
FROM: Jere Kersnar, Ralph Andersen & Associates
SUBJECT: R*commended Organization Structur*, Organization and
Management Review
Attached to this memorandum is an organization chart depicting the
reco**ended organization structure for the City of La Quinta,
developed as part of the Organization and Management Review of the
City being conducf*d by Ralph Andersen & Associates. As you
requested, the organization chart is being submitted for your
consideration at the City Council meeting of December *.
Major features of the recoimiended structure, as compared to the
current structure, include the following:
* Creation of the Public Works Director/City Engineer position,
and a new Public Works Department
* Creation of an Assistant Civil Engineer position in the Public
Works Department
* Transfer of a Secretary II position from the CoINnunity
Development and Redevelopment Department to the Public Works
Department
* Transfer of the Street Maintenance unit from the Co*nity
Safety Department to the Public Works Department
* Transfer of the Associate Planner position in the Co*nunity
Development and Redevelopment Department to a Principal
Planner responsible for Advance Planning/Special Projects in
the Planning Department
* Elimination of the Community Development and Redevelopment
Administrator position
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54kMayor Hoy*e and City Councl*
City of La Quinta
Page Two
A change In the tit*e of the Deputy City Manager poSition, to
Administrative Services Director
The recorrwnended organization structure embodies many of the results
of the Organization and Management Review. I look forward to
presenting the *ina1 Report of the Review to you at the City Council
meeting of December 16. 1986.
Attach.
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MEMORANDUM *APPROVED oDENIED
CITY OF LA QUINTA CONTINU*D TO____________
To: Mayor and City Council
From; Ron Kiedrowski, City Manager
Date: November 26, 1986
Subject; Executive Recruitment Proposal Public Works Directori
City Engineer
I have requested a proposal from Ralph Anderson & Associates to
perform an Executive Recruitment for the position of Public Works
Director/City Engineer for the City. Recruitment of this position is
pursuant to recommendations in the recently completed Management and
Organization Study performed by Ralph Anderson for the City.
Project costs for professional services will be plus
reimbursement for actual out-of-pocket expenses such as placement of
advertisements, printing, postage, clerical services, telephone calls
and travel. Ralph Anderson & Associates will proceed immediately on
this project upon authorization by the Council, and anticipates that
finalists can be confirmed within a 60 to 90 day period.
RECOMMENDATION
It is respectfully recommended that the Council approve an Agreement
for Professional Services between the City and Ralph Anderson &
Associates, to perform an executive recruitment for the position of
Public Works Director/City Engineer, at a cost not to exceed $9,500,
plus out-of-pocket expenses, and authorize the City Manager to
execute the contract on behalf of the City.
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KAPPROVED oDENIEp
oCONTINUED TO
/* *
/IQ,)* *
*i 7:7 *
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* *
/* *
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* /`vS**#wc*
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59k *ATE AG*NDAITEM#
MEMORANDUM *APPROVED DEI*IED
CONTINUED TO
CITY OF LA QUINTA
TO: Ron Kiedrowski, City Manager
FROM: Roger Hirdler, Community Safety Director
SUBJECT: Awarding of Bid for Demolition
DATE: November 26, 1986
The City has received three bids for the demolition of a wall
and fish pond located at 48-490 San Vicente Drive.
The bids are as follows: Massey Sand and Rock Co. $7,650.00
Emery Construction
Demo Unlimited $3,975.00
The bid amount will be given at the Council meeting, along with
the Staff's recommendation.
A
RH: es
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DATE AGENDAITEM#
* APPROVED oDENIED
oCONTINUED TO
RESOLUTION NO. 86-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 December 2, 1986.
APPROVED and ADOPTED this 2nd day of December, 1986.
MAYOR
ATTEST:
City C erk
APPROVED AS TO FORM:
City Attorney
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225 A*fpOr1 Dr*ve Su*e 2Q* DATE AGENDA ITEM
San Bernard no CA 924C18
714)8848669
*APPROVED oDENlED
714) 824*166o
oCONTINUED TO
November 19, 1986
City of La Quinta
78-105 Calle Estado
La Quinta, Ca 92253 CLAIMANT: Grigg Automotive Mfg.
DATEOFINCIDENT: 10-20-85
Attn: Ann Jennings
DATECLAIMMADE: 10-20-86
OURFILENO: 4924fln
Gentlemen:
We have reviewed the above claim which you have reported and request that you take the action
indicated below:
0 CLAIM REJECTION: Reject claim in accordance with Government Code, section 913.
0 LATE CLAIM: Do NOT reject claim but RETURN it for failure to file within time limit prescribed in
Government Code, section 911.2. Transmittal NOT to contain WARNING" required by section 913
but should advise that the recourse is to file Application for Leave to File Late Claim" as provided
in Government Code, section 911.4. This must be returned within 45 days of the date claim mailed
or delivered.
o INSUFFICIENT CLAIM: Send notice of insufficiency for failure to comply with Government Code,
section 910 and/or 910.2 and/or 910.4 and cite the following specific insufliciencies:
This must be sent within 20 days of your receipt of claim.
o AMMENDED CLAIM: Reject claim as set forth in first paragraph above, CLAIM REJECTION.
*x APPLICATION FOR LEAVE TO FILE LATE CLAIM: Reject the Application under Government
Code, section 911.8.
o OPERATION OF LAW: Defer any written response pending our further advice.
Please provide us with a copy of any response requested above. If you have any questions, please
contact the undersigned.
Very truly yours,
CARL WARREN & COMPANY
*
*IKE DE FILIPPO
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DATE AGENDAITEM*
*
CITY OF LA QUINTA oCONTINUED TO
MEMORANDUM *APPROVED oDENIED
To: Ron Kied i, City Manager
From: Henry H Finance Director
Date: November 986
Subject: CITY aF LA QUINTA MEDICAL PLAN
The City of La Quinta's group medical insurance plan contains an
unusual feature which may prove to be a hardship for all new
employees and may cause a problem for the City in its recruiting.
The City's policy contains a disclaimer for any existing
condition which an employee or his covered dependents have at the
time of their coming under the City's coverage which coverage begins
30 days after an employee is on the City's payroll. The delay in
coverage for the pre-existing physical conditions can be as long as
twelve months.
I have never encountered a group policy with such a restriction
which impairs an employee's ability to change employers and retain
full medical coverage. Any employers to which I have ever been
affiliated required the group plan to accept all risks at employment
with few exception.
It would seem that the City should counter this medical coverage
problem for new employees by:
1. Disclosing in the hiring process of the potential risk
each newly hired person may face.
and/or
2. Providing a safety net for each employee for the first
year of employment which either fully reimburses or
shares in the expenses of the excluded necessary
medical occurances.
We have already begun soliciting proposals from other carriers
for a different medical plan provider for next year and will have an
evaluation and a recommendation prior to our renewal date with the
present carrier.
The screening and the selection of a future plan will preclude
our coverage from being flawed for a particular class of employees,
therefore, any recommended remedial action would only be required for
a few months until our new provider or coverage is in place.
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DATE AGENDAITEM*
MEMORANDUM *APPROVED oDENtED
oCONTINUED TO
CITYOFLAQUINTA
To: Mayor, Members of the City Council, City Manager
From: James Longtin, City Attorney
Date: November 18, 1986
Re: New Changes in Brown Act Open Meeting Requirements
The 1986 State Legislature has made significant changes in the Brown
Act Open Meeting Law requirements which take effect January 1, 1987.
This memorandum will summarize the most important changes of interest
to the City Council and City Staff. Enclosed also is a) a
resolution for Council consideration for adoption; and b) a
several-page document entitled *Recommendations and Discussion'*,
prepared by a League of Cities committee which reviewed this
legislation.
Posting Agendas. The City is now required to post an agenda in a
location which is freely accessible to the public at least 72 hours
before each regular meeting of the City Council. The agenda must
include a brief description of each item of business to be transacted
or discussed at the meeting together with the time and location of
the meeting. The Council is prohibited from taking action on any
item not appearing on the posted agenda unless 1) a Council majority
determines that an emergency situation defined as work stoppage or
crippling disaster) exists; 2) the Council determines by a
two-thirds vote, or by a unanimous vote if less than two-thirds
of the Council members are present, that the need to take action on
the item arose subsequent to the posting of the agenda; or, 3) the
item was included in a properly posted agenda for a prior meeting
occurring not more than five 5) days prior to the meeting at which
the action is taken and was continued to the meeting at which the
action is taken. Government Code 54954.2. Also, notice of each
special meeting must now be posted at least 24 hours prior to the
special meeting. Government Code 54956. As noted in the attached
resolution, it is my recommendation that notices be posted on the
door of the council meeting chambers at City Hall and on the public
bulletin board at the Post Office. Also, the City Clerk should
routinely sign a declaration of the time and place where the agenda
was posted and keep the declaration in the council meeting file.
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5JkMemorandum
Mayor, Members of the City Council, City Manager
November 18, 1986
Page Two
Public Comment. It is now required that every agenda for a regular
City Council meeting provide an opportunity for members of the public
to address the City Council on items of interest to the public within
the City9s subject matter jurisdiction. If an item discussed by a
member of the public did not appear in the agenda, the same
restrictions on council action discussed above will apply. The
Council does not have to allow the public time to speak on an item
which was previously considered by a council committee if an
opportunity for public input was afforded at the committee meeting.
Government Code 54954.3. The City Council may adopted reasonable
regulations to insure that the intent of this section is carried out
including, but not limited to, regulations limiting the total amount
of time allocated for public testimony on particular issues and for
each individual speaker. The attached resolution addresses these
issues.
Violations and Judicial Remedies. The new amendments authorize any
interested person to seek a judicial determination that an action
taken by the Council in violation of the public meeting or agenda
posting requirements of the Brown Act is null and void. Prior to
filing a lawsuit and within 30 days of the action, the interested
person must make a demand of the Council that it cure the challenged
action. An action of the Council cannot be determined to be null and
void if: 1) The action was taken in substantial compliance with the
Brown Act; 2) the action was taken in connection with the issuance
of an evidence of indebtedness; 3) the action taken gave rise to a
contractual obligation upon which a party has, in good faith,
detrimentally relied; 4), the action was taken in connection with
the collection of any tax; or, 5) the action taken has been cured
or corrected by a subsequent action of the City Council. Government
Code 54960.1. In an action to enforce the Brown Act, a court may
award reasonable attorneyYs fees to the plaintiff where it is found
that the City Council violated the Brown Act. On the other hand, a
court may award reasonable attorney's fees to the City where the City
has prevailed and the court finds that the action filed was clearly
frivolous and totally lacking in merit. Government Code 54960.5.
Re ily submitted,
J*ongtin
*ty Attorney
JL/jn
Enclosure
7,'
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5^k MEMORANDUM
CITY OF LA QUINT*** 4
DATE AGENDA ITE*
APPROVED oDENtED
oCONTINUED *
TO: The Honorable Mayor and Members of the City Council
FROM: Planning Department
DATE: November 25, 1986
SUBJECT: Construction Announcement Sign at La Quinta School Site
BACKGROUND
On November 5, 1986, the City Council directed the Planning
Department to coordinate preparation of a construction announcement
sign to be placed on the La Quinta school site. City Council
indicated that the sign should make mention of the future park site,
the City, and the school district. Staff was further directed to
contact Desert Sands Unified School District DSUSD) to coordinate a
joint effort on the subject sign.
Acting on the Council's direction, Staff has been working with
Richard Beck, Assistant Superintendent for DSUSD. Mr. Beck has
indicated that although the district had no plans to initiate
installation of a sign, they would be more than willing to work with
the City to establish one. Through our discussion with the district,
the following points were brought out:
1. The City will be requested to contribute 50% of the cost of the
sign. Richard Beck will inform Staff of the actual cost once the
layout has been completed by the sign contractor.
2. DSUSD will handle contracting for the sign and installation. The
City will handle review of the sign approval and waive the
applicable fee schedule.
3. The sign will also note that 1The Grove1t project had dedicated
the park site, and that the park will be operated through a joint
use agreement with Coachella valley Recreation and Parks.
4. Estimated cost of the sign is roughly $400 $500. DSUSD will
be responsible for design and layout of the sign, and
incorporating the references requested by the City.
The Planning Department will continue to apprise the City Council of
the status of this project.
WHN: dmv
CVI
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5_k MEMORANDUM
CITY OF LA QUINTA
/iA.
DATE AGENDAITEM#
APPROVED DEf*lED
oCONTINUED TO
TO: The Honorable Mayor and Members ofthe City Council
FROM: Planning Department
DATE: December 2, 1986
SUBJECT: La Quinta City Boundary Chronology
Attached for your files and reference is a City boundary chronology
concerning events which have transpired since the City of La Quinta
was originally incorporated. Also included in this package are map
exhibits relating to all substantive boundary changes. This
chronology was prepared to provide some informational background and
assist the Council in any future deliberations related to City
boundary expansion.
This chronology will be submitted to LAFCO Staff for their file
confirmation.
GWP dmv
Atch: La Quinta Incorporation and
Boundary Chronology; as of 11/21/86
cc: Ron Kiedrowski, City Manager
Planning Commission
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DATE AGENDAITEM#
RESOLUTION NO. 82-31 APPROVED DENIED
* CONTINUED TO*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CAIIFORNIA, AUTHORIZING THE CITY
MANAQER OF THE CITY OF LA QUINTA TO ACCEPT AND
CONSENT TO DEEDS OR GRANTS CONVEYING ANY INTERE*T
IN OR EASEMENT UPON REAL ESTATE TO THE CITY OF
LA QUINTA.
The City Council of the City of La Quinta, California, does hereby
resolve as follows:
SECTION 1. That the City Manager of the City of La Quinta,
California, is hereby authorized as the officer or agent of the City of
La Quinta, to accept and consent to deeds and grants conveying an
interest in or easement upon real estate to the City of La Quinta, a
Municipal Corporation, for public purposes.
SECTION 2. That this authorization is adopted in accordance with
the provisions of Section 27281 of the Government Code and the City
Clerk is hereby instructed to record a certified copy of this Resolution
with the County Recorde* of Riverside County.
APPROVED and ADOPTED this sixth day of July 1982.
*
ATTEST:
CITY *
APPROVED AS TO FORM: APPROVED AS*
*NT:,*
yCITYATTORNE* CITY KANAGER
Ii)*
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