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1982 06 15 CC AGENDA CITY COUNCIL CITY OF LA QUINTA A regular meeting to be held at the Community Center, 77-861 Avenida r4ontezuma, La Quinta, California June 15, 1982 7:45 p.m. 1. CALL TO ORDER A. Flag Salute. 2. ROLL CALL 3. PUBLIC CO?MENT This is he time set aside for citizens to address the City Council on matters relating to City business. When address- ing the Council, please state your name and address. The proceedings of the Council meeting are recorded on tape. 4. WRITTEN COMMUNICATIONS A. Communication from Sunline Transit Agency, Palm Springs. Communication from Alice V. hytock, La Quinta. 5. COMMENT BY COUNCIL EMBERS 6? HEARINGS A. Public Hearing regarding the granting of a franchise to Southern California Gas Company relative to transmitting and distributing gas. 1. Report from the City Manager. 2. Ordinance for adoption. 7. CONSE1?T CALENDAR A. Approval of the Minutes of the regular meeting of June 1, 1982. 8. BUSINESS SESSION A. Report from the City Manager regarding credit arrangements with Security Pacific National Bank. 1. Resolution for adoption. 2. Resolution for adoption. BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 AGENDA City Council June 15, 1982 B. Discussion among Council Members regarding proposed moratorium relative to residential construction in the Cove area. 1. Report from r4ayor wolff. 2. Communication from Council riember Cox. 3. Proposed Ordinance. C. Report from the City anager regarding a health insurance program. 1. Resolution for adoption. 2. Resolution for adoption. D. Other. 9. ADJOURI?MENT BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 5emh?; Ihe Co?cheIl? IIICLI Suntine TRANSIT AGENCY June 8, 1982 Hon. Fred Wolff and City Council City of La Quinta P?0. Box 1504 La Quinta, California 92253 Dear Mayor Wolff and Council Members: The SunLine Board of Directors, at their May 19, 1982 meeting, requested the input of your City Council The input needed relates to the funding and operational structure of the SunLine Joint Powers Agency. Specifically, the Board is considering funding the agency on a population derived basis in lieu of previous methods used. In addition, the Board wishes to receive your view on altering the Joint Powers Agreement language to eliminate weighted' voting if a population based formula is adopted. The attached report will, hopefully, provide sufficient detail for decision making; however, should you wish more data I am available to meet with you at your convenience. Sincerely, Lee Norw?ne General Manager LN kc Attachment c.c. All Coachella Valley City Managers/Councils Riverside County Board of Supervisors SunLine Transit Agency Board of Directors P.O. Box 2135.2749 E. Alejo Road * Palm Springs, California 92263* 714) 322 425S BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 At the request of the SunLine Board of. Directors, each City Council has been asked for input relative to a preferred approach for funding Coachella Valley public transportation. As background, during the past two years the SunLine Board has worked on developing an equitable method for funding transit service within the Coachella Valley. When SunLine was established July, 1977), the participants determined that they would support SunLine based on the number of service hours operated within their jurisdictions. The one exception to this approach was that the County would fund the inter- valley service linking Coachella to Desert Hot Springs with service to the communities on route) in exchange for some unincorporated areas being served by city funded operations. Now, after nearly five years, this method has become obsolete for three very important reasons: SunLine has shifted its operational emphasis toward regional i.e., inter-valley) services whereas from 1977 to mid 1981 service had a local? orientation. The change is verified by the fact that SunLine inter-valley service has increased by 100% from 1977 to 1982 while local service has been cut nearly in half over that same period. With the recent movement toward incorporation, the County's previous arrangement is no longer feasible. In the late 1970's transit was primarily regarded as a social service; however, that is no longer the case. Certain levels of productivity are now mandated by the State. With the mandates, SunLine can no longer tolerate the potential of a non-productive service possibly jeopardizing future funding more about this later). Recognizing the dilemma, the Coachella Valley City Managers agreed to help tackle the problem of finding an alternative method of providing funding for transit. After numerous meetings, the majority of City Managers supported a per capita based formula. The rationale supporting this approach was basically as follows: The current mechanism for reconfiguring lines or implementing services is extremely awkward. In order to alter a service, the specific juris- diction within which that change is to take place must specifically approve the action. In the case where more than one jurisdiction is involved, each affected entity must approve that alteration and should one of them not approve the change, the change cannot be made. In the case of past service revisions, this method has been extremely slow with a great deal of time transpiring between the initial recommendation and subsequent action. While SunLine staff is scurrying around trying to get approval, time passes and schedules cannot be finalized. SunLine Transit Agency staff has been in a dilemma, in past years, having to encourage service to entities where that service may be extremely marginal. The rationale behind this trend has been that all costs are BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 2- shared on a service hour basis; hence, if service hours are not rendered within a specific jurisdiction, then there is no sharing of the related fixed costs which would conceptually reduce the cost to the larger, more productive agencies). This has been the approach, even though the inter-valley service has been an effective means of transporting people throughout the communities of the Coachella Valley. By revising the funding mechanism, the emphasis to establish or continue marginal services would be eliminated; thereby making the overall operation more streamlined with some services being reduced or eliminated while the more desirable services are expanded or more thoroughly developed. The agency is mandated to meet certain productivity standards established by the State Legislature. In order to achieve these standards, the service must be run effectively; hence, it does not seem prudent to have individual jurisdictions requesting marginal services to the detriment of the whole, especially if the failure to meet these standards could have financial implications detrimental to SunLine or the Coachella Valley. The SunLine Transit Agency must be considered a regional carrier." In essence, the things that are done in one area affect the overall operation. The respective agencies now have the latitude of altering a specific service to the detriment of the entire operation, a situation that stands in the way of efficient and effective services. The amount of funds that are disbursed to the Coachella Valley and subsequently shared by the respective political sub-divisions) are determined entirely on a population basis with no consideration given to what areas are more in need. With a population based formula, there is a general understanding' that more populated areas have more bus use. In reality the understanding is correct; therefore, as the population shifts and more bus service is used by a specific entity, the cost of providing the service is borne, in larger part, by that entity. BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 juie 10, 19S2 All cc V whytock 4?-945 Hi9hiand Pa1?s Drive palm Desert, Ca. 922?0 Mr. Frank Usher City Manager P.O Box 1504 La Quinta, CA. 92253 Dear Mr. Usher, Enclosed plane find a copy of the letter mailed to Bishop Straling in San Bernardino. It is basically for your records however any assistance you can give us re9ardinq the problems being made by the buildIng of the new Catholic Church in La Quinta will be 9re?tly a?preciated. Sincerely Alic? V. Whytock Spokesperson for the involved homeowners BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 June lO? 1982 Alice V. whytock 46945 I?ighland Palms Drive Palm Desert, Ca. 92260 The Most Rever?nd Philip Straling Bishop of San Bernardino 1450 N. *?D Street San Bernardino, Ca. 92253 e: St Fraicis of Assisi Church, La Qu] nta, Ca. Dear B? shop Straling, We, the heTnocwuers on Tj?hl??nd Palms Drive liave been badly affected by the building of the new church. The church itself presents no problem, we are all in accord with that, it is the way it is being built. You are endangering our lives and property should there be a flood? Also, if all goes the way it has been planned, our privacy:.? will be gone completely It is our understanding that you have totally adhered to the county codes, but you must realize there are extenuating]at] cir- cumstances i-n most cases of new building, which is normally taken into consideration by the contractor, builder, architect, and/or owner The county codes of Riverside have had no chanqes since 1954 and are completely antiquated, hence the responsi- bility lays with you! Bave you seen what you are doing to us? To help you betijer understand we have enclosed before and after pictures for your peru%al. Please look at them carefully and note the small drainage ditch at the bottom of the grade Yes, it will carry off some of the water but what about the sand? Yes, the bank grade) will be planted, but sand will still erode, even with the root system of a fully grown ground cover deeply empi. anted into the soil. The ent that drainage ditch overflows five houses and 3 pools are in danger. The county says you must have a full and dense hedge at least six feet high as a boundary to hide headlights and autoT?biles frorn our view. That is a joke.' Concret? berms are to be built to keep cars from going through tho hedge and down into our backyards. That is another joke Tf a car's brakes should fail while traveling at 25 miles per hour we? a-ti know that a hedge and a berm will not stop it from landing in our backyards. BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 page 2 Won't you please do something about these problem?s now before it is too late? A law suit because of lowered property value, privacy loss and flood damage after the church is built seems so unnecessary when it could all be solved now With just a few friore dollars for a privacy and retaining wall and a diffL?rent p].an for parking, we could all live happily ever after. Tn the name of justice and our Blessed Savior, we await your answer Sin>?;l?? e/(2?, Al]cC V. Spokesperson for the involved ho?ieowner5 cc: Frank Usher, La Quinta City Mana9er Fred Wolf, Mayor of La Quinta Bud insey, epartment of BuildAng and Safety Millard Archuleta Associates, Attent].on Robert H. Ricciardi, A.l.A. Local Newspapers La Quinta City Council Members BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 June Ii, 1982 La quinta City Council 0 Box 1504 La quinta? Cal. 92253 D?ar City Council Members, I wish to cOrniii?'it on a subject which concerns me and many members of the community. Thp. process for selection of the newly formed La quinta Planning Advisory Committee should not be utilized in the future. Although the application form was r?leyant, the quest- ion? asked at the interview were meaningless, dfld the several rating Systems used were arbitrary. The method used to reduce the original list to seven names was not suitable. Use of this system resulted in several inappropriate appoln.tm?nts, which appeared to be rewards for personal friendships and/or past services to the community. I realize the Council is in a learning process. However, they have a responsibility to the City to make the best possible choices now, and establish ethical traditions to be followed in the future. Sincerely, John Ryan BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 HEARING SCRIPT Southern California Gas Franchise Hearing YOR: This Item on the agenda concerns the granting of a franchise to Southern California Gas Company for transmission and distribution of gas in the City?s public streets, alleys and places. This is the time and place fixed for the hearing relative to the granting of such a franchise of the character and for the purposes stated in the Resolution of Intention, Resolution No. 82-19. Notice of Intention to Grant a Franchise has been published and posted. Will the City Clerk please state for the record whether any written protests have been received stating objections against the granting of the franchise. CITY CLER?: Mr. Mayor and Members of Council, no written protests have been received. YOR: The public hearing on this mat?er is now open. I will now ask the City Manager for his report. CITY MANAGER: Presents report. V?AYOR: Does any member of the public desire to be heard in this matter? BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 AUDIENCE: Statements if any). MAYOR: I hereby declare the publi? hearing closed. CITY ANAGER: Mr. Mayor and Members of Council, the granting of the franchise would be accomplished by an ordinance, copies of which have been supplied each Member of Council, and the title of which reads as follows: AN ORDINAi?CE OF THE CITY OF LA QUINTA GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATIOn?, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPUWIENANCES FOR TRANS- MITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROS? OR UPON CERTAIN PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR IAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. COUNCILMEMBER: I move to waive further reading, and introduce the proposed ordinance. COUNCILMEMBER: Second r?YOR: Asks for vote. The motion is carried. MAYOR: The ordinance is introduced and will be on the Council?s next regular meeting agenda for second reading. PROCEED TO NEXT ITEM BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 ORDINANCE NO._______________ AN ORDINANCE OF THE CITY OF La Quinta GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON CERTAIN PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID UNICIPALITY. The City Council of the City of La Quinta does ordain as follows: SECTION ONE Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the the respective meanings assigned to them in the following definitions unless, in the given instance, the context wherein they are used shall clearly import a different meaning): a) The word Grantee" shall mean Southern California Gas Company1 and its lawful successors or assigns; b) The word City" shall mean the City of La Quinta, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form; c) The word Streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City; d) The word Engineer" shall mean the Director of public Works of the City; e) The word Gas" shall mean natural or manufactured gas, or a mixture of natural and manufactured gas; f) The phrase Pipes and Appurtenances" shall mean pipe, pipeline, main, service, trap, vent, vault, manhole, meter, gauge1 regulator, valve, conduit, appliance, attachment, appurtenance and any other property located or to be located in, upon, along, across, under or over the streets of the City, and used or useful in transmitting and distributing gas. g) The phrase Lay and Use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove. BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 SECT?ON TWO That the right, privilege and franchise, subject to each and all of the terms and conditions contained in this ordinance, and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Franchise Act of 1937, be and the same is hereby granted to Southern California Gas Company, a corporation organized and existing under and by virtue of the laws of the State of California, herein referred to as the Grantee", to lay and use pipe? and appurtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of the City. The term or period of this franchise shall be indeterminate from and after the effective date hereof, that is to say, this franchise shall endure in full force and effect until the same shall, with the consent of the public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise, and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this franchise shall be forfeited for non- compliance with its terms by the possessor thereof. SECTION THREE The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the United States, a sum annually which shall be equivalent to two percent 2%) of the gross annual receipts of Grantee arising from the u?e1 operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent 1%) of the gross annual receipts of the Grantee derived from the sale of gas within the limits of the City under said gas franchise. The Grantee of this franchise shall file with the Clerk of the City within three 3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, and within three 3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the Grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service within the City for which this franchise is granted. It shall be the duty of the Grantee to pay to the City BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 within fifteen 15) days after the time for filing such statement in lawful money of the United States, the specified percentage of its gross receipts for the calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by said Grantee to file such verified statement, or to pay said percentage, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. SECTION FOUR This grant is made in lieu of all other franchises owned by the Grantee, or by any successor of the Grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. SECTION FIVE The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex or consolidate with, additional territory, any and all franchise rights and privileges owned by the Grantee therein shall likewise be deemed to be abandoned within the limits of such territory. SECTION SIX The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the Grantee or any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION SEVEN The Grantee of this franchise shall a) construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 of the ordinances, rules and regulations heretofore, or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities; b) pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise; c) indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the City for all damages proximately resulting from the failure of said Grantee well and faithfully to observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California; d) remove or relocate, at the request of the City and without expense to the City, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct by the City; provided, however, that Grantee shall not be required to bear the expense of any removal or relocation made at the request of the City on behalf or for the benefit of any developer or other third party. e) file with the legislative body of the City within thirty 30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the Grantee or its duly authorized officers. SECTION EIGHT The Engineer shall have power to give the Grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and appurtenances is commenced, the Grantee shall file with said Engineer plans showing the location thereof, which shall be subject to the approval of said Engineer such approval not to be unreasonably withheld); and all such construction shall be subject to the inspection of said Engineer and done to his reasonable satisfaction. All street coverings or openings of traps, BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 vaults, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property line. Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor. SECTION NINE If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, said Grantee shall, at its own cost and expense, immediately repair any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable satisfaction. SECTION TEN a) If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten 10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited. b) The City may sue in its own name for the of this franchise, in the event of non- compliance by the Grantee, its successors or assigns, with any of the conditions thereof. SECTION ELEVEN The Grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty 30) days after the City shall furnish such Grantee with a written statement of such expenses. BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 SECTION TWELVE Not later than thirty 30) days after the posting of this ordinance, the Grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terrns and conditions hereof. SECTION THIRTEEN The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the 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 in the book of ordinances of this City. The foregoing ordinance was adopted at a meeting of the City Council of the City of La Quinta held June 15, 1982, by the following vote: Ayes Noes Absent Abstain MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: APFROVED AS TO CONTENT: CITY ATTORNEY CITY MANAGER BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 RESOLUTION NO. 82- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA1 AMENDING RESOLUTION NO. 82-17, PROVIDING FOR THE ISSUANCE OF NEGOTIABLE NOTES IN AN AIVIOUNT NOT TO EXCEED $15?OOO?OO? BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows.' SECTION 1. The third WHEREAS clause of Resolution No. 82-1? is hereby amended to read as follows: WHEREAS, Security Pacific National Bank has offered to lend the sum of $15,000.00 at an interest rate of 10% per annum, upon negotiable notes to be made payable upon a date which shall be no later than 1? months after the date of issue and otherwise in accordance ith Section 5385? of the Government Code, with interest to date of payment;" SECTION 2. SECTION 3 of Resolution No. 82-1? is hereby amended to read as follows: SECTION 3. Said notes shall be dated as of the date of delivery, shall be consecutively numbered and in such denominations as is agreeable to the City Treasurer and the Lender, but all notes shall be in a sum which is an even multiple of $1,000.00, shall not exceed the aggregate principal amount of $15,000.00, shall be paid upon a date which shall be no later than 15 months after the date of issue and otherwise in accordance with Section 5385?.of the Government Code, and shall bear interest at the rate of 10% per annum, payable at the aturity thereof." APPROVED and ADOPTED this day of 1982. AYOR ATTEST CITY CLERK APPROVED AS TO FORM APPROVED AS TO CONTENT: XCITY A? ORNEY CITY IVIA AGER BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 RESOLUTION NO. 82- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF NEGOTIABLE NOTES IN AN M?UNT NOT TO EXCEED $30,000.00, INCLUSIVE OF FUNDS BORROWED IN FISCAL YEAR 1981-82. WHEREAS, funds are needed to meet the immediate requirements of the City of La Quinta, including but not limited to the payment of current expenses, capital expendi- tures and the discharge of any obligation or indebtedness of said City; and WHEREAS, the City may borrow for said purposes, such indebtedness to be represented or notes issued to the lender pursuant to Article 7.6, Chapter 4, Part 1, Division 2, Title 5, of the Government Code of the State of California; and WHEREAS, Security Pacific National Bank has offered to lend the sum of $30,000.00, inclusive of funds borrowed in Fiscal Year 1981-82, at an interest rate of ten percent 10%) per annum, upon negotiable notes to be made payable upon a date which shall be no later than 15 months after the date of issue and otherwise in accordance with Section 53854 of the Government Code, with interest to date of payment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Council finds that it is necessary for the City to issue negotiable notes in an amount not to exceed $30,000.00, inclusive of funds borrowed in Fiscal Year 1981-d2, in order to meet the irimediate requirements of said City. SECTION 2. The uncollected taxes, income, revenue, cash receipts and other moneys to be received by the City during the remainder of the Fiscal Year 1982-83 and which will be available in said Fiscal Year for the payment of said notes and the interest thereon are estimated to be $470,000.00; the amount of the notes hereby authorized to be issued, together with other notes outstanding, if any, does not exceed 85% of said moneys. SECTION 3. Said notes shall be dated as of the date of delivery, shall be consecutively numbered and in such denominations as is agreeable to the City Treasurer and the Lender, but all notes shall be in a sum vjhich is an even multiple of $1,000.00, shall not exceed the aggregate principal amount of $30,000.00, inclusive of funds borrowed in Fiscal Year 1981-82, shall be paid upon a date which shall be no later than 15 months after the date of issue and otherwise in accordance with Section 53854 f<; BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 of the Government Code, and shall bear interest at the rate of ten percent 10%) per annum, payable at the maturity thereof. he right shall be reserved to said City to pay all or any part of said notes prior to maturity, in which event the interest due to date on the amount so paid shall be paid along with such payment of principal, and interest shall cease on the amount of principal so paid. No notice need be given prior to the exercise of such right by the City. SECTION 4. Both principal of and the interest on said notes shall be payable in lawful money of the United States of America at the Lender?s office located in Indio, California. SECTION 5. Said notes shall be payable from general, unrestricted revenues of the City, including but not limited to sales tax, transient occupancy tax, franchise fees, business license fees, cigarette tax, motor vehicle in-lieu fees, planning/zoning fees, animal license fees, off-highway vehicle license fees, miscellaneous fines and interest, to be received during the Fiscal Year 1982-83, said moneys being hereby pledged to repay said notes; provided, however, that if said moneys or any portion thereof when received by the City will be encumbered for a special purpose other than the repayment of said notes, then pursuant to Section 53856 of the Government Code an equivalent amount of the proceeds of said notes shall be set aside for and used for said special purpose; and, provided, further, to the extent not paid from said moneys, said notes with interest thereon shall be paid from any other moneys of the City lawfully available therefor. SECTION 6. Said notes shall be signed by the Mayor and the City Treasurer, and countersigned by the City Manager and shall be in substantially the following form: CITY OF LA QUI?TA No NEGOTIABLE NOTE FOR VALUE RECEIVED, the City of La Quinta, California, a municipal corporation, promises to pay to Security Pacific ational Bank, or order, on 19 the sum of with interest thereon, payable at the maturity thereof, at the rate of 10% per annum from the date hereof. Both principal and interest are payable in lawful money of the United States of America at Indio, California. The right is reserved to said City to pay all 2- BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 or any part of this note prior to maturity, in which event the interest due to date on the amount so paid shall be paid along with such payment of principal, and interest shall cease on the amount of principal so paid. No notice need be given prior to the exercise of such right by the City. The principal of and the interest on this note are payable from general, unrestricted revenues of the city, including but not limited to sales tax, transient occupancy tax, franchise fees, business license fees, cigarette tax, motor vehicle in-lieu fees, planning/zoning fees, miscellaneous fines and interest, to be received during the Fiscal Year l982?83, said moneys being hereby pledged to repay this note and the interest hereon. o the extent not paid from said moneys, this note shall be paid with interest hereon from any other moneys of the City lawfully available therefor. IT IS HEREBY CERTIFIED, RECITED A?D DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this note have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this note, together with all other indebtedness of the City, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. IN ITNESS WHEREOF, said City of La Quinta has caused this note to be signed by the Mayor and the City Treasurer of said City and countersigned by the City Manager of said City, and sealed with the Corporate Seal of said City, and has caused this note to be dated the day of 1982. r..?YoR COUNTERS IGNED: CITY MANAGER CITY TREASURER 3- BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 SEAL) SECTION 7. The City Council does hereby find and determine that it is necessary and desirable that the City borrow from Security Pacific National Bank, a sum not to exceed $30,000.00, inclusive of funds borrowed in Fiscal Year 1981-82, such indebtedness to be represented by the negotiable notes authorized hereby. The ayor and the City Treasurer are authorized to sign said notes and the City Manager is authorized to countersign said notes and to date and seal said notes on the date of delivery thereof. Said notes shall be issued according to the terms and substantially in the form provided in this resolution. SECTION 8. This resolution shall constitute accep tance of the offer of Security Pacific National Bank above referred to. DULY APPROVED and ADOPTED this day of 1982. YOR ATTEST: CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTEI?T: 4ITYAT?R<? CITY t?AGER 4- BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 \?? Liv 78 100 CALLE TAMPICO LA QU?NTA CALIFORNIA 92253 714 564-2246 714) 340-5445 June 7, 19?2 TO: RAY OTT PHCi?: Fred Wolff SUBJECT: PROPOSED ORDINANCE I ou.ld like to present the follo?in? opdin?nce to t e City CO\)T)Cil t the next study 5655i0fl, J?ne 114th. Fle?se prep?re this in ordinance form, o that e can discuss it nd act on it as soon as possible: 1. here shall be no esidential houses, duplexes, or apartment buildings constructed in the area bounded by Tecate on the Bouth, Nontezuma on the West, Tampico on the North, and Bermudas on the East. 2. Houses may be build in the identified area if the ovjner of the property intends to live in the house for at least a period of six months. 3. The o?ner of the propert? shall?file ith the Dept. of Building and Safety an idavit declaring hi? intent to reside in the structure for a six months period. After filing such a statement, the Dept. of Building and Safety may issue him a building permit, provided the plans meet the established standards. I appreciate your assistance ith this. A number of other cities have such ordinances, and e need it very urgently. s& / BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 /(. L c42L? J;7? 1f /L;L<? 4 /L6# A / i? &4?& Q LQ?( //-` jti2 z&) L) j? j( 6L?/LLw /&?? e? M??&i im?L I ii V BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING AS AN URGENCY MEASURE, CERTAIN REGULATIONS PROHIBITING DEVELOP?iENT OF NEW RESIDENTIAL PROJECTS WHICH IAY BE IN CONFLICT WITH A CON?EMPLATED ZONING PROPOSAL AND DEVELOP??ENT CONTROL PROPOSAL, SAID REGULATIONS TO BE TN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858. I THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. From and after the effective date of this Ordinance, and for the period during which this Ordinance remains in effect, and notwithstanding any other ordinance, resolution or regulation of the City or the County of Riverside to the contrary, no officer, employee or department administering City business shall accept or process any application for a building permit for or related to development of any new re?idential project or single-family house, in the area of the City, bounded by Calle Tecate on the south, by Avenida Monte7uma on the west, by Calle Tampico on the north and by Avenida Bermudas on the East. SECTION 2. Section 1 of this Ordinance shall not apply to: a) The addition to or modification of existing buildings; b) The construction of a single-family house, in connec- tion with which a record own?r thereof has filed with the Department of Building and Safety a sworn state- ment or a declaration under penalty of perjury that the house will be occupied by the owner or other person(s) for at least six months during the year following completion of the construction of the house. c) Projects implementing in whole or in part a plan of development which had been reviewed and approved by the City Council upon a finding that such project will probably conform to and comply with the new zoning proposal and development control proposal mentioned in Section 3 of this Ordinance. SECTION 3. URGENCY. This Ordinance is adopted as an urgency measure pursuant to the authority of Section 65S58 of the Government Code of the State of California, for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immediately upon its adoption and passage by at least a four-fifths vote of the City Council. The declaration BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 of the facts constituting the urgency is as follows: Because the City of La Quinta has just recently been incorporated, and because a very high number of con?tructed but unoccupied houses in the above described area of the City have caused undue amounts of public nuisance, vandalism and crime problems within said area, the public interest now requires a systematic review and comprehensive analysis of a General Plan as well as the ordinances designed to implement that plan. Tt is contemplated that from such studies, which are soon to be conducted by the City Council and the Planning Dcpartment1 there will emerge a new zoning proposal and development control proposal for the City, and during the interim period hile this can be accomplished, it is essential that the controls imposed by this Ordinance be maintained, so that uses which ould otherwise be established and developed during the interim period will not thereafter be in conflict with the contemplated zoning proposal and development control proposal as aforesaid. SECTION 4. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance is adopted after notice pursuant to California Government Code Section 65856 and public hearing in accordance with California Governr?ent Code Section 65858, and accordingly shall remain in effect for one year from the date of adoption unless sooner repealed or otherwise modified, and subject to any extension of the effective period duly enacted pursuant to and in accordance with said Section 65858. SECTION 5. POSTING. The City Clerk shall within 15 days after the passage of this Ordinance, cause it to be posted in at least the 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 in the book of ordinances of this City. The foregoing ordinance was in-Lroduced and adopted at a meeting of the City Council held 1982, by the following vote: AYES: NOES: ABSENT: r?YOR ATTEST: CITY CLERK APPROVED AS TO FO??: APPROVED AS TO CON?ENT: BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 CITY OF LA QUINTA E MORANDUM T Honorable I4ayor and Members of Council FROM: Frank b?. Usher, City t?nager DATE: June ii, l9G2 SUBJECT: Health and Life Insurance Coverage for Officers and Employees Last wee I met with Wendy Hamilton, Risk Manager for the City of Palm prings, regarding obtaining health and life insurance coverage through the City of Palm Springs. I have learned that the City of Cathedral City will obtain this coverage for at least one year. A description of premium for Cathedral City is attached. i??f the City of La Quinta were to participate, the premium would be the same. Also attached, is a copy of a compar- ative tabulation prepared by Cathedral City several months ago. t nay be noted that basic health insurance and life insurance and scooc of coverage through the CIty of Palm Springs, seems to be the most desirable and beneficial. I ould recommend the City participate in this program, and pay the premium for officers and employees only. It is respectfully recommended that the City of La Quinta parti- cipate in this coverage through the City of P?lm Springs. Adoption of the t?jo accompanyng resolutions will &cc?om?lish this BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 City of Palm Springs IFOR?? R k Man?gtrnent 619 32? 822?/8252 CITY OF CATHEDRAL CITY INSURANCE PPEMIUMS JULY 1, 1982 COST PER EMPLOYEE PER MONT? HEAlTH NET Employee Only $ 71.07 Employee Plus One 142 08 Family 201.12 CITY OF PALM SPRINGS EMPLOYEE_benefit_PROGRAM;? Employee Only $ 59.63 Employee Plus One 106 04 Family 150.46 DENTAL INSURANCE Employee Only $ 7.61 Employee Plus One 13.20 Family 19.48 LIFE INSURANCE Mana?c.ment and Ci?y Coi?nci1 $20,000 $ 5.00 All Other $10,000 2.10 BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 4 I O?O?O4 a) 0 0 4 0 000 o 0 Ln H & Ln 0 0 0 0 1 H Q 0 0 0 0 04 COO Q H 0 o C H LnO C U o c? CO IT) U) In H H H 0) 0- 0) U In y 0 & CO 0 C 0) 0 IT) CO 00) 0 0 0)' 0) 0) In In 0 0 0 0 C C) U) U) H Z 0 U) H H H H H C) H H U 0 U) H H 0 0 BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA1 CALIFORNIA1 AUTHORIZING PARTICIPATION IN THE HEALTH AND LIFE INSURANCE PROGRAMS OF THE CITY OF PALM SPRINGS. WHEREAS1 the City of Palm Springs has obtained health and life insurance programs with low premiums rates through the existence of a large pool of employees; and V?HERBAS. the City of La Quinta could not obtain similar coverage at similarly low rates because of a smaller pool of officers and employees; and WHEREAS, the City of Palm Springs has offered to make its health and life insurance programs available to the City of La Quinta; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows. SECTION 1. Participation by the City of La Quinta in the health and life insurance programs of the City of Palm Springs is hereby approved. SECTION 2. The City of La Quinta shall pay the premiums for officers and employees only. SECTION 3. The City Manager is authorized to take actions necessary to implement this authorization.. APPROVED and ADOPTED this day of 1982. AYOR ATTEST: CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT'. CITY ATTORNEY? ER Sc I BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02 RESOLUTION I?. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING CERTAIN CLASSES OF CITY OFFICERS ELIGIBLE TO PARTICI- PATE IN HEALTH PLANS OFFERED TO CITY EMPLOYEES. BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SEC?ION 1 The following categories of officers of the City of La Quinta hereby are declared to be eligible to participate in the various health plans offered by the City to its employees in general: 1. Members of the City Council 2. The City anager 3 The City Treasurer APPROVED and ADOPq?ED this day of 1982. IAYOR ATTEST: CITY CLERK APPROVED AS TO FORM APPROVED AS TO CONTENT: ITY ATTORNEY CIIY MA1?AGER BIB] 07-22-1996-U01 08:46:42AM-U01 CC-U02 06-U02 15-U02 1982-U02