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1982 07 06 CC/ AGENDA CITY COUNCIL CITY OF LA QUINTA A regular meeting to be held at the Community Center, 77-861 Avenida Montezuma, La Quinta, California. July 6,1982 5 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 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. WRITTEN COMMUNICATIONS 5. COMMENT BY COUNCIL MEMBERS 6. HEARINGS A. Public Hearing regarding proposed adoption by reference of certain uniform codes of certain Riverside County ordinances. 1. Ordinance for adoption. B. Public Hearing regarding a moratorium on residential development within the Cove area of the City of La Quinta. 1. Ordinance for adoption. 2. Communication from John Ryan. 7. CONSENT CALENDAR A. Approval of the Minutes of June 15, 1982. B. Resolution for adoption approving demands. 8. BUSINESS SESSION A. Proposed Ordinance 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 SAM? NOW OR AY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / 1. Ordinance for adoption. 8. B. Proposed Resolution A RESOLUTION OF HE CITY COUNCIL OF THE CITY OF LA QUINTA URGING THE DEVELOPMENT OF AN ELEMENTARY SCHOOL IN THE CITY OF LA QUINTA AND A CONTINUATION HIGH SCHOOL IN T?iF CITY OP INDIO. 1. Resolution for adoption. C. Report from City anager regarding Fiscal Year 1982-83 Budget. 1. Resolution for adoption. D. Report from City Manager regarding City offices. 1. Motion for adoption. 2. Resolution for adoption. 3. Resolution for adoption. B. Proposed Resolution. A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER OF THE CITY OF LA QUINTA TO ACCEPT AND CONSENT TO DEEDS OR GRANTS CONVEYING ANY INTEREST IN OR EASEMENT UPON REAL ESTATE TO THE CITY OF LA QUINTA. 1. Resolution for adoption. F. Proposed Ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, ADDING CHAPTER 2.29 TO THE LA QUINTA MUNICIPAL CODE, ESTABLISHING A CITY PLANNING COMMISSION. 1. Ordinance for introduction. G. Communication from the League of California Cities regarding participation as a member of the League. 1. Motion for adoption. H. Communication from John F. Cheney regarding mailing addresses for the shopping center at the intersection of High?ay 111 and Washington Street. I. Proposed Ordinance. AN ORDINANCE OF THE CITY OF LA QUINTA ENACTING THE FOLLOWING TITLES OF THE LA QUINTA MUNICIPAL CODE: TITLE 5--BUSINESS REGULATIONS, TITLE 6--HEALTH AND SANITATION, TITLE 8-- BUILDINGS AND CONSTRUCTION, TITLE lo--ANIMALS, TITLE 11-- PEACE, MORALS AND SAFETY, TITLE 12--VEHICLES AND TRAFFIC, TITLE 1?--STREETS AND SIDEWALKS, AND TITLE 16--MISCELLANEOUS COUNTY ORDINANCES ADOPTED BY REFERENCE. 1. Ordinance for introduction. 9. ADJOURNMENT BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / ORDINANCE NO. 5 AN ORDINANCE OF THE CITY OF LA QUINTA ADOPTING BY REFERENCE CERTAIN ORDINANCES OF THE COUNTY OF RIVERSIDE TO REMAIN IN EFFECT AS ORDINANCES CF THE CITY OF LA QUINTA. The city council of the City of La Quinta, California, does ordain as follows: SECTION 1. The hereinbelow listed ordinances of the County of Riverside, three 5) copies of each of which are on file In the office of the City Clerk of the City of La Quinta, California, including any and all amendments thereto in effect as of the date of adoption of this Ordinance, except as hereinafter modified, are hereby adopted as ordinances of the City of La Quinta, by reference, pursuant to the provisions of Sections 50022.1 et seq. of the California Government Code. Said ordinances shall remain in effect until appropriately repealed, amended or superseded by this City Council. SECTION 2. The Riverside County ordinances which are mentioned in Section 1. as being herein adopted by reference are as follows: RIVERSIDE COUNTY ORDINANCE NUMBER SUBJECT MATTER 1) 540 Drilling of Water Wells; 2) 548 Land Use Ordinance Including Zoning District Maps; 3) 369 Permit System for Discharging or Depositing Sewage; 4) 421 Requiring Certain Excavations to be Covered; 5) 45i Controlling the Location and Operation of Hog Ranches; 6) 454 Regulating Storage, Installation and Main- tenance of Motor Fuels and Facilities and Apparatus Therefor; 7) 458 Regulating Flood Hazard Areas and Implement- ing the National Flood Insurance Program; 8) 460 Regulating Land Subdivision; 9) 461 Subdivision Road Development Standards; 10) 465 Providing for a County-Wide House Numbering System; 11) 465 Regulating the Sanitation, Safety and Cleanliness of Public Swimming Pools; 12) 468 Control of Diseases in Livestock and Regulating Corrals, Stockyards and Feedyards; 13) 471 Operation of Motor Vehicles on Riders' and Hikers' Trails; 14) 484 Control of Blowing Sand; 15) 492 Regulating Food Establishments Other Than Restaurants; 1- BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 /16) 521 Regulating Transporting of Food for Com?Commercial Purposes in Wholesale Food Vehicles; 17) 522 Regulating Rock Festivals and Other Out- door Festivals; 18) 523 Control of Flies by Health Officials; 19) 52? Regulating Oversize and Overweight Vehicles and Loads; 20) 525 Regulating the Inspection, aintenance and Testing of Water Backflow Prevention Devices; 21) 527 Control and Abatement of Fly Breeding; 22) 53? Control of Animals Running at Large Other Than Dogs and Cats; 23) 54o Regulation of Persons Cleaning Cesspools and Similar Facilities; 2?) 543 Prohibiting Public Exposure of Private Parts and Female Breasts by Waiters, Waitresses and Entertainers; 25) 547 Implementing the Alquist-Priolo Special Studies Zones Act re Geologic Reports; 26) 551 Control of Bees; 27) SSLP Establishing Health Service Fees; 28) 555 Implementing the Surface Mining and Reclam- ation Act of 1975; 29) 565 Establishing Health Service Fees Relating to Comrnercial Poultry Ranches; 30) 567 Regulating Food Handlers. SECTION 3. Adoption by Reference of Implementin? Regulations. Additionally, all resolutions, rules and regulations of the County of Riverside which have been so applicable in implementation of the aforesaid ordinances or of mandates of State law such as, but not limited to, the California Environmental Quality Act), including the fixing of fees, to the extent that the same are effective as of the date of adoption of this Ordinance and are not inconsistent with any similar enactment or ordinance of this City, shall remain in full force and effect as resolutions, rules and regulations, respectively, of the City of La Quinta, unless or until superseded by any enact- ment, rule or regulation, present or future, of this City. SECTION 4. Declaration of Intent Re?arding Substitution of Terms. Certain provisions of the county enactments referred to in Sections 2 and 3 of this Ordinance reflect the county governmental structure and contain references to officials, official titles, commissions, and other designations which are not a part of the internal structure of this City?s government. In order to effec- tively and intelligently administer the county enactments to the extent that they are continued in effect by this Ordinance, it is the purpose of this Ordinance to provide for the substitution of the appropriate city officials, titles, or designations in the said county enactments. 2- BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / SECTION 5. Substitution of a??ro?riate References to City. a) Whenever in the enactments of the County of Riverside hich are continued in effect by this Ordinance there is a reference to Board of Supervisors this reference shall be interpreted to mean the City Council of the City of La Quinta." b) Whenever in the enactments of the County of Riverside which are continued in effect by this Ordinance there is reference to unincorporated area", this reference shall be interpreted to mean area within the City of La Quinta", c) Whenever it is appropriate under the circumstances, and in the enactments of the County of Riverside which are continued in effect by this Ordinance, there is a reference to the County of Riverside'?, said reference shall be interpreted to mean the City of La Quinta". d) Whenever in the enactments of the County of Riverside which are continued in effect by this Ordinance there is a refer- ence to an office, department, official title, or other designation, the reference shall be interpreted to mean that office, department, title, or designation in the governmental structure of the City, or if there is none, any official or department or titleholder in the City which has been specifically directed by the City Council or the City anager to perform the functions referred to or the duties imposed. If the Riverside County official, department, titleholder or other designation continues by law or by contract or otherwise to perform the functions referred to or the duties imposed, then the said reference shall not be changed until such time as there is a change in that situation of functions performed or duties imposed. e) Whenever in the enactments of the County of Riverside which are continued in effect by this Ordinance, there is a refer- ence to Planning Commission,' Area Planning Council," East Area Planning Council," Land Division Committee" or Desert Area Land Division Committee," such reference shall be interpreted to mean that these agencies are acting as agents or agencies of the City of La Quinta, until such time as the City Council has created an agent or agency ies) within the city government structure to otherwise perform the functions of the said County agency or agencies, and until such time as Said City agent or agency has com- menced functioning and has been directed to undertake the partic- ular function or functions theretofore performed by the said County agency or agencies. s?CTION 6. Violations. Punishment. a) It shall be unlaw- ful for any person to violate any provision or to fail to comply with any of the requirements of any County ordinance adopted by reference by this Ordinance. Any person violating any of such provision? or failing to comply with any of the mandatory require- ments of any ordinance adopted by reference by this Ordinance shall be guilty of an infraction, unless such violation is specifically prosecuted as constituting a misdemeanor. Bach such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of any ordinance adopted by reference by this Ordinance, is committed, continued, or permitted by such person, and may be punishable accordingly. 3- BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / b) Any provision or requirement of any ordinance adopted by reference by this Ordinance, the violation of which or the fail- ure to comply with which, is designated as an infraction, shall be prosecutable as a misdemeanor upon a third viol?tion and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prose- cuted originally as a misdemeanor in the discretion of the city attorney or any deputy district attorney,upon a showing by the enforcing agency of the seriousness of the particular alleged violation. c) Any person convicted of a misdemeanor under the provisions of this Ordinance shall be punishable for a first conviction by a fine of not more than Five Hundred Dollars $500), or by imprison- ment in the County jail for a period not exceeding six 6) months, or by both such fine and imprisonment. d) Any person convicted of an infraction under the provis- ions of this Ordinance shall be punishable for a first conviction by a fine of not more than Fifty Dollars $50), for a second con- viction within a period of one year by a fine of not more than One Hundred Dollars $100), and for a third or any subsequent conviction within a period of one year by a fine of not more than Two Hundred Fifty Dollars $250). SECTION Whenever in any provision of any County ordinance adopted by this Ordinance, the work shall' is used in connection with actions, functions or responsibilities of any public officer, employee, agent, department, division, bureau, council, commission, board, agency or the City itself, such word is not intended by this City Council and shall not be construed as imposing any man- datory duty to act in any specific manner, but such word shall be construed in the same sense as may" and is intended only to vest a discretion to act or not to act, in accordance with the reason- able exigencies of the particular situation. SECTION 8. VALIDITY. If any section, subsection, clause or phrase of this Ordinance or of any County ordinance adopted thereby is for any reason held by a court of competent jurisdic- tion to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any County ordinance adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and of each County ordinance adopted hereby irrespective of the clauses or phrases being declared invalid. SEC?ION 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty 30) days after passage, and shall be operative on August 29, 1982. SEC?ION 10. POSTING. The City Clerk shall, within 15 days after the passage of this Ordinance, cause it to be posted in at least the 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, BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 /together with proof of posting, to be entered in the book of ordinances of this City. The foregoing Ordinance was introduced after reading of the title and of the titles of the County ordinances adopted thereby, before the City Council of the City of La Quinta, California, at a regular meeting of the City Council, and thereafter, following the public hearing pursuant to California Government Code Section oO22.3, the foregoing Ordinance was finally adopted at a regular meeting of said City Council held on July 6, 1962, by the following vote: Ayes: Council Members Abbott, Baier, Cox, Henderson and Mayor Wolff. Noes: None Absent: None AYO? ATTEST: CITY CffRK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY CITY MANAGER BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / NOTEXTPAGE BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / NOTEXTPAGE BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / NOTEXTPAGE BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / NOTEXTPAGE BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / ORDINANCE NO.6 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING BY REFERENCE WITH CERTAIN AMENDMENTS) RIVERSIDE COUNTY ORDINANCE NO. 4?7.57 ENTITLED: AN ORDI- NANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 1457 RELATING TO BUILDING RE- QUIREMENTS AND ADOPTING THE 1979 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 1979 EDITION OF THE UNIFORM BUILDING CODE, INCLUDING THE APPENDIX AND STANDARDS; THE 1979 EDITION OF ThE UNIFORM HOUSING CODE; THE 1976 EDITION OF THE UNIFORM MECHANICAL CODE, INCLUDING THE APPENDIX AND STANDARDS; THE 1979 EDITION OF THE UNIFORM PLUMBING CODE, INCLUDING THE APPENDIX AND STANDARDS, AND THE 1978 EDITION OF THE NATIONAL ELEC- ELECTRICAL CODE?" The city council Cf the City Cf La Quinta, California, dces ordain as follows: SECTION 1. Ordinance No. LP57.57 of the County Cf Riverside, three 3) copies Cf which are Cfl file in the office Cf the City Clerk Cf the City Cf La Quinta, California, except as herein- after modified, is hereby adopted as an ordinance of the City of La Quinta, by reference, pursuant to the provisions of Sections 50022.1 et seq. of the California Government Code. Said ordinance shall remain in effect until appropriately repealed, amended or superseded by this City Council. SECTION 2. Amendments. a) Whenever in the enactment of the County of Riverside which is continued in effect by this Ordinance there is a refer- ence to Board of Supervisors", this reference shall be interpreted to mean the City Council of the City of La Quinta." b) Whenever in the enactment of the County of Riverside which is continued in effect by this Ordinance there is reference to unincorporated area," this reference shall be interpreted to mean area within the City of La Quinta.' c) Whenever it is appropriate under the circumstances, and in the enactment of the County of Riverside which i? continued in effect by this Ordinance, there is a reference to the County of Riverside," said reference shall be interpreted to mean the City of La Quinta." d) Whenever in the enactment of the County of Riverside which is continued in effect by this Ordinance there is a reference to an office, department, official title, or other designation, the reference shall be interpreted to mean that office, department, title or designation in the governmental structure of the City, or if there is none, any official or department or titleholder in the City which has been specifically directed by the City Council or the City Manager to perform the functions referred to or the duties imposed. If the Riverside County official, departinent, titleholder or other designation continues by law or by contract or otherwise to perform the functions referred to or the duties imposed, then the said BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / Page 2 reference shall not be changed until such time as there is a change in that situation of functions performed or duties imposed. e) Whenever in the enactment of the County of Riverside which is continued in effect by this Ordinance, there is a refer- ence to National Electrical Code, 1978 Edition," such reference shall be interpreted as National Electrical Code, 1981," f) Whenever in the enactment of the County of Riverside which is continued in effect by this Ordinance, there is a reference to a committee, board, group, commission, or like agency, such reference shall be interpreted to mean that these agencies are acting as agents or agencies of the City of La Quinta, until such time as the City Council has created an agent or agency(s) within the city government structure to otherwise perform the functions of the said County agency or agencies, and until such time as said City agent or agency has commenced functioning and has been directed to undertake the particular function or functions theretofore performed by the said County agency or agencies. SECTION VIOLATIONS--PENALTIES. It shall be unlawful for any person, firm, or corporation to erect,construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the County of Riverside Ordinance or of any code adopted by this Ordinance. Any person, firm, or corpora- tion violating, or failing to comply with, any of the provisions of such Ordinance or Code shall be deemed guilty of a Separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprison- ment for not more than six months or by both such fine and imprisonment. SECTION 4. Whenever in any provision of any code adopted by this Ordinance, the word shall" is used in connection with actions, functions, or responsibilities of any public officer, employee, agent, departrnent, division, bureau, council, commission, board, agency or the City itself, such word is not intended by this City Council and shall not be construed as imposing any mandatory duty to act in any specific manner, but such word shall be construed in the same sense as may" and is intended only to vest a discretion to act or not to act, in accordance with the reasonable exigencies of the particular situation. SECTION 5. VALIDITY. If any section, subsection, clause or phrase of this Ordinance or of the County of Riverside Ordi- nance or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / Page 3 shall not affect the validity of th? remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and of each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 6. BFF?CTIVF DATE. This Ordinance shall be in full force and effect thirty 30) days after passage, and shall be operative on August 29, 1982. SECTION 7. 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 introduced after reading of the title and of the title of the County of Riverside Ordinance and of the codes adopted thereby, before the City Council of the City of La Quinta, California, at a regular meeting of the City Council, and thereafter, following the public hearing pursuant to California Government Code Section 50022.3, the foregoing Ordinance was finally adopted at a regular meeting of said City Council held on July 6 1982, by the following vote.' Ayes. Council Members Abbott, aier, Cox, Henderson and Mayor Wolff. Noes: None. Absent: None. MAYOR ATTEST: CITY CLERK APPRO?D AS TO FORM: APPROVED AS TO CONTENT: BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING T?E UNIFORM FIRE CODE, 1979 EDITION. The city council of the City of La Quinta, California, doe? ordain as follows: SECTION l? That certain document, three 3) copies of which are on file in the office of the City Clerk of the City of La Quinta, California, being marked and designated as Uniform Fire Code, 1979 Edition" and all appendices, tables and indices there- to, except as hereinafter modified is hereby adopted as the fire code of the City of L? Quinta, by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 2. The Uniform Fire Code adopted herein by reference is hereby amended by the following additions, deletions and amend- ments: Add Section 1.104 Definitions. a) Wherever the term jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of La Quinta. b) Wherever the term corporation counsel?' is used in the Uniform Fire Code, it shall be held to mean the City Attorney for the City of La Quinta. c) Wherever the words Chief of the Bureau of Fire Prevention" are used in the Uniform Fire Code, they shall be held to mean the chief of the fire department serving the City of La Quinta, and such other persons as he shall appoint to enforce the terms of the Uniform Fire Code. d) Wherever in the Uniform Fire Code the word shall" is used in connection with actions, functions or responsi- bilities of any public officer, employee, agent, departrnent, division, bureau, council, commission, board, agency or the City itself, such word is not intended by this City Council and shall not be construed as imposing any man- datory duty to act in any specific manner, but such word shall be construed in the same sense as may?' and is in?en- ded only to vest a discretion to act or not to act, in accordance with the reasonable exigencies of the particu- lar situation. Add Section l.?O5 Violation Penalty. Any person who vio- lates or fails to comply with any of the provision of this Code or who fails to comply with any order made thereunder, or who builds in violation of any detailed statement or specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified after appeal, within the required time, is severally for each such violation and noncompliance guilty of a misdemeanor punishable by a fine of not more than five hundred dollars or by imprisonment BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 /in the Riverside County jail for not more than six months or by both such fine and imprisonment. Each person is guilty Qf a separate offense for each day or portion thereof during which any vio?ation Cf any pro- vision of this Code is committed, continued or permitted by such person after notification of the initial viola- tion and shall be punishable therefor as provided herein. The application of the penalty provided in this section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the L?Quinta Municipal Code. Add Section 2.110 Appeals. Whenever the chief or his duly authorized representative shall disapprove an appli- cation or refuse to grant a permit or certificate applied for, or shall suspend or revoke any permit or certificate issued under this code, or when it is claimed that the provisions of this code do not apply or that the true in- tent and nieaning of the code have been misconstrued or wrongly interpreted, any person so aggrieved may appeal from the decision of the chief to the City Council of the City of La Quinta. Any such appeal shall be governed by the provisions of Sections 2.04.100 through 2.04.130 of the La Quinta Municipal Code. Add Subsection 10.207(f) Fire Lanes on Private Property Open to Public Use. In all locations where access for fire apparatus for fire suppression or rescue purposes is unduly difficult or subject to obstruction, the chiefmay designate fire lanes and cause them to be posted as such. No person shall stop or park a vehicle or obstruct such fire lanes in any manner that would deter or hinder the fire department from gaining immediate access and use of such designated fire lane. Amend Subsection l0.309(b)-2.B. AUTOMATIC SP?INKLER SYSTEMS. Where Required. 2. Group A Occupancies B. When the bui?ding has over 12,000 square feet of floor area, regardless of stories. Delete the EXCEPTION in Subsection lO.309(b)-6.A. Office buildings, municipal police and fire stations.) Amend the first paragraph of Subsection 10.311(D) Where Required. Every building four Stories or more in height shall be provided with not less than one standpipe for fire department use during construction. Such standpipe shall be provided with fire department inlet connections at accessible locations adjacent to usable stairs, but in no case 5hall the distance from the curb line to fire department connection exceed forty feet 40 Such stand- pipe systems shall be extended as construction p?ogresses to within one floor of the highest point of construct?on having a secured decking or flooring. BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / Add Subsection 12.1O?(f). Exit Obstruction. f) Windows of Sleenin? Rooms. No person shall install, place, keep or maintain any bars, grates or other obstruc tions across the opening of any indow of any sleeping room of any building which are 50 construCted that they may not be readily opened so as to allow an occupant to use the wIndow as a means of escape from a fire origina- ting within the building. SECTION 2. VALIDITY. If any section, subsection, clause or phrase of this Ordinance or of the code adopted thereby is for any reason held by a court of competent 3JURISDICTION to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of the code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, Sentence, clause and phrase thereof, and of the code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty 30) days after passage, and shall be operative on August 29, 1982. SECTION POSTING. The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the 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 this City. The foregoing Ordinance was introduced after reading of the title and of the title of the Code adopted thereby, before the City Council of the City of La Quinta, California, at a regular meeting of the City Council, and thereafter, following the public hearing pursuant to California Government Code Section 50022.3, the foregoing Ordinance was finally adopted at a regular meeting of said City Council held on July 6 1982, by the following vote. AYES. Council Members Abbott, Baler, Cox, Henderson and Mayor Wolff. NOES: None. ABSENT: None. MAYOR AT?EST CITY CIERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY CITY MANAGER BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of La Quinta will hold a public hearing regarding the following proposed ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING AS AN URGENCY MEASURE, CERTAIN REGULATIONS PROHIBITING DEVELOPMENT OF NEW RESIDENTIAL PROJECTS WHICH MAY BE IN CONFLICT WITH A CONTEMPLATED ZONING PROPOSAL AND DEVELOPMENT CONTROL PROPOSAL, SAID REGULATIONS TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858. The public hearing will be held on Tuesday, July 6, 1982, at or about 7:?5 p.?., at the Community Center, 77-861 Avenida Nontezuma, La Quinta, California. Frank M. Usher City Clerk June 17, 1982 BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / ORDINANCE NC. AN ORDINANCE OF THE CITY COUNCIL CF THE CITY OF LA QUINTA ADOPTING AS AN URGENCY MEASURE, CERTAIN REGULATIONS PROHIBITING DEVELOPMENT CF NEW RESI- DENTIAL PROJECTS WHICH MAY BE IN CONFLICT WITH A CONTEMPLATED ZONING PROPOSAL AND DEVELOPMENT CONTROL PROPOSAL, SAID REGULATIONS TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858. The city council of the City of La Quinta does 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 residential project or single-family house, in the area of the City, bounded by Calle Tecate on the south, by Avenida Montezuma and by Avenida Obregon, between Avenida Montezuma and Calle Tampico 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 connection with which a record owner thereof has filed with the Department of Building and Safety a sworn statement 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 devel- opment 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 of this Ordinance. SECTION URGENCY. This Ordinance is adopted as an urgency measure pursuant to the authority of Section 65858 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 of the facts con- stituting the urgency is as follows. Because the City of La Quinta has just recently been incorporated, and because a very high number of constructed 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. BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 /It is contemplated that from such studies, which are soon to be conducted by the City Council and the Planning Department, there will emerge a new zoning proposal and development control proposal far the City, and during the interim period while this can be accom- plished,it is essential that the controls imposed by this Ordinance be maintained, so that uses which would 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 EFFECTIVE PERIOD OF ORDINANCE. This Ordinance is adopted after notice pursuant to California Government Code Section 65856 and public hearing in accordance with California Gov- ernment 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 pasted 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 introduced and adopted at a meeting of the City Council held 1982, by the following vote: AYES NOES: ABSENT: IAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: GER BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / Jun? 15, 1982 IAYuR FREl) *?OLFF P0 BOX 1504 LA QUl?TA, CA 92253 Dp... ar Fr?d1 app?aud your bold proposal or a bui?ding moratorium in the La Quirita cOV? ar?a. Pl? as? proc?d with tile ordjnanc? as quickly as possible. sinctir ly Jo in ityan Li. BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / CITY OF LA QUINTA DEMAND/WARRANT REGISTER July 6, 1982 Arrow Printing Company Rubber stamps, nameplates 20 $ 169.81 Coachella Valley Association of Governments 1982-83 CVAG Dues 21 $1,058.75 The Desert Sun Advertising 22 $ 157.03 Robert F. Driver Company Liability/casualty/fire insurance, blanket employees bond 23 $7,0224.00 General melephone Company Service 2? $ 1?2.12 Imperial Irrigation District Electricity 25 $ 50.14 International Conference of Building Officials Uniform Building Code books 18 $ 393.53 County of Riverside Election Services and Supplies April 13, 1982 unicipal Election 26 $3,179.50 Stockwell & Binney Equipment, office supplies 27 $ 525.54 Walker & Lee Copy paper and toner 28 $ 84.60 Payroll 6/1/82 through 6/15/82 17 $ 642.60 6/16/82 through 6/30/82 19 $ 637.30 Cash Cash 29 $ 91.14 Total $ 14,156.06 BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-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 MUNICIPALITY. 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 Company, 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, gauge, 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. 9) The phrase Lay and Use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove. BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / SECTION 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 pipes 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 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 use, 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] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-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 Citys 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] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-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 City1 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] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-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, 50 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 forefeiture 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] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / SECTION TWELVE Not later t:?an 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 terms 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 Cf ordinances of this City. The foregoing ordinance was adopted at a rneeting of the City Council of the City of La Quinta held by the following vote: Ayes: Noes: Absent: Abstain: MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY OTTY MANAGER BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / RE?OLUTION NO. 82-2? A RESOL?ION OF THE CITY COUNCIL OF THE CITY OF LA QUI??A, URGING THE DEVELOPMENT OF AN ELEMENTARY SCHOOL IN THE CITY OF LA QUINTA. WHEREAS, the Desert Sands School District has received funding from the State Allocation Board for the construction of an elemen- tary school and a continuation high school on a site in Palm Desert; and WHEREAS, the District is considering establishing priority for constructing a high school on that site with these funds, and/or other funds to be subsequently applied for; and WHEREAS, the District has provided no school at any level between the cities of Palm Desert and Indio, an area including the City of Indian Wells, the City of La Quinta, Bermuda Dunes, Palm Desert Country Club and other unincorporated? population areas; and WHEREAS, over 600 children are being trans?orted by school bus daily from La Quinta for a considerable period of time from that City to schools in other areas; and WHEREAS, the District is preparing to enter into a contract with the City of Palm Desert to establish a recreational facility on part of the si?e in that city for a long-terrri period; and WHEREAS, such a contract would preclude selling any part of that site to provide for purchase of a site for an elementary school and a continuation high school at different locations; and WHEREAS, the people of the City of La Quinta have expressed to the Board of Education of the District the need for an elemen- tary school in La Quinta. NOW, THEREFORE, BE IT RESOLVED that the Board of Education of the Desert Sands School District is urged by the City Council of the City of La Quinta to: 1. Apply immediately to the State Allocation Board and the State Department of Education for a change of site for the elementary school to be located in the City of La Quinta. 2. Separate the issues of the elementary school and continuation high school from the issue of construction of a high' school and address at this time only the construction of the two schools for which the funding was initially provided. 3. Proceed immediately to locate a potential site for an elementary school in La Quinta. BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / 4. Delay making any disposition of the site in Palm Desert, including a long-term contract with that city, until a fiscal determination is made of its value and the need for financing a site in La Quinta. BE IT FURTHER RESOLVED that copies of this Resolution be provided to the Desert Sands School District Board of Education, the Chairman of the State Allocation Board, and the Superintendent of Public Instruction. APPROVED and ADOPTED this sixth day of July 1982. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTOR?EY CITY MANAGER BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / NOTEXTPAGE BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 / CITY OF LA QUINTA E MORANDUM TO: Honorable Mayor and City Council Members FROM: Frank M. Usher, City Manager DATE: July 1, 1982 SUBJECT: Fiscal ear 1982-83 Budget The budget for Fiscal Year 1982-83 has been completed. We are estimating a total fund beginning balance of $15,6?6.oo as of July 1, 1982. Total revenues for Fiscal Year 1982-83 are estimated to be 64?,721, with total expenditures being $?01,800. This would result in a total fund balance estimate of $161,577 as of June 30, 1983. Of this amount, $101,016 is estimated to be the balance in the unrestricted General Fund. Included in these fund estimations is an under-estimate of transient occupancy tax revenues of approximately $35,000 below actual revenues in Fiscal Year 1981-82. This was done strictly as a conservative revenue estimate. Also, we have received recent information from the League of California Cities which may be beneficial to the City of La Quinta. The League Bulletin dated June 25, 1982, indicates that no property tax cities and new cities will receive motor vehicle in-lieu fees based on a formula of 20.07 per capita. This would increase General Fund revenues during FY 82-83 by $95,245 and would correspondingly increase the estimate of closing balance for the General Fund as of June 30, 1983. J7)???? i<? BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 !/ RESOL?Y?ION NO. 82- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 1982-83. WHEREAS, a budget for the Fiscal Year 1982?3 has been prepared by the City Manager and the Director of Finance; and WHEREAS, the City Council has examined said budget and conferred with the City Manager and the Director of Finance; and WHEREAS, the City Council desires to adopt a final budget for the fiscal year; and WHEREAS, the City Council has, after due deliberation and consid- eration, made such amendments in the proposed final budget as it considered desirable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: SECTION 1. The budget, a summary of which is attached hereto and made a part hereof, is hereby approved. SECTION 2. The City Manager shall have authority to djust the amounts appropriated among objects within each departmental activity, and among accounts within the objects, provided however, that the total appropri ations for each fund may not exceed the amounts provided in this budget resolution or any amending resolution). Said adjustments shall be made only upon written justification by the City Manager, Director of Finance or department head(s) responsible for the activity or activities involved. SECTION 3. Transfer of?cash or unappropriated fund balance from one fund to another shall be made only upon resolution of the City Council. SECTION 14. That the prepayment of demands prior to audit by the Finance Committee and the City Council may be made by the Director of Finance in conformity with the authority provided by Section 37208 of the Government Code of the State of California. SECTION 5. The Director of Finance shall render a monthly report to the City Council on the status of City operations as relates to the approved budget and any amendments thereto. The Director of Finance shall design a standard format for such reports, to be approved by the Finance Committee. ABPROVED and ADOPTED this day of 1982. ATTEST:________________________ CITY CLERK MAYOR APPROVED AS TO FORM: APPROVED ATTO?Y?? BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 "/ CITY OF LA QUINTA MEMORANDUM TO. Honorable Mayor and Council Merribers FROM: Frank M. Usher, City Manager DATE.. July 1, 1982 SUBJECT: Lease for City Offices, 78-105 Calle Estado As has been previously determined, we have found that it would be necessary to spend between $15?CCC $20,000 in order to improve the property located at 78-100 Calle Tampico, which the City had intended to use as a City Hall. Because the City is ust beginning, and becau?e early cash flow is a rnatter of concern, it appears that it would be more advantageous to the City to lease additional space in the office building where City offices are presently located, at 78-105 Calle Estado. Establishment of permanent City offices at this location would help avoid the necessity of doing major restorative work on a building which the City would expect to use for only a temporary period. It would also help avoid parking congestion with immediately neighboring property. A lease has been negotiated with the owners of the subject property based on a calculation of 6o? per square foot. This appears to be a rate which is very favorable in comparison with similar office space and which appears to be fair after discussion with several uninvolved parties. The lease provides for the rental of two units from August 1, 1982, through November C, 1982, at a rent of $600 per month. Commencing December 1, 1982, through November 0, 198?, three units, totaling approximately 1,500 square feet, would be rented for $900 per month. The lease would continue for two additional years after December 1., 198?, with ten percent 1C/?) increases in rental each year. The lease also provides for two two-year extensions. Approval of the lease is respectfully recommended, as being the most beneficial course in establishing City offices. Approval of related measures designating City offices as City Hall and providing for posting of ordinances, resolutions and notices at City Hall is respectfully recommended. F??\ BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 #/ STORE LEASE 14 THIS LEASE, executedinduplicateat La Quinta, Riverside County California.thJs r6 day of July 1982. toy and between 0RT BRE?AN and A?ERT WILD anc CITY of LAQUI?TA, Calif?rnia here?naffer called respectively lessor and lessee, without regard to nuniber or genefer. WlTNSSET? That lessor hereby eases to lessee. and lessee hrres from esso,. for the purpose of conducting there?n City of La Quinta government business and for no other purpose those certain premises with the appurtenances, situated in La Quinta State of California. anc commonly descnbed as Suites B?, C",& *`D" comprisin? approximately 1,500 sq. ft. of floor space in an office buildin? ituated at 8-1o? Calle Estado, La Quinta, CA. Thetermshallbetor Three 3) years and Four 4) months commencingonthe 1st day of Au?ust 1982 and ending on the 30th day of November 19 85, at the total rent or sum of Thirty Eight Thousand One Hundred Forty Eight $38,148.00 Doltars, la?' money of the ni.ted States of America which lessee agrees to pay to lessor, Without deduction or offset. prior notice or demand. at Such pla? or pl?oes a? may be designated from tirhe to tine by lessor. in instaltments as totlows Lessee shall make monthly payments in ad?ance on or before the 10th cf each and every month cominencing August 1, 1982 the sums shown on the following schedule Commencing August 1, 1982 the total sum of $600 Suites B&C) Commencing December 1, 1982 the total sum of 900 S?ites B,C&D) Commencing December 1, 1983 the total sum 990 *` Commencing December 1, 1984 the total sum of 1 089 *` The rent is to be paid to r. ort Brennan, 45-605 Navajo Road, In?dian Wells, CA, 92260 s further mutually agreed between the parties as follows for elect. meters B,C,&D Lessee promises to pay rent in the amount and manner herein specihed Utility be borne bv Le?see. Lessee shall all telenno?? BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 $/ 5. That upon the termination of thiS lease. for whatever reason, lessee will quit the premises and surr- r the same in good order and COndition. sublert to reasonable use and wear, damage by the elements excepted. If lessee shall hold over with sent Ct lessor, then there shall exist a month?to-month tenancy, for which monthly rental shall be $? 089. subject to the terms and Conottons above specified. 6. It is expressiy understood and agreed that the lessor is relying on the personal integrity. experience. and know?edge of the individuals operating the lessee enterprise and has relied upon their personal ability to maintain the commercial viability Cf the premises and the lessor's interest in the property, and therefore the appointment of a fleceiver to take possession of substantially all of he lessee?s assets, or a general assignment by the lessee fCr the benefit ot creditors, or any action taken by the lessee under any insolvency or bankruptcy act shall constitute a breach of this lease, by lessee. If any rent shall be due and unpaid or if default shal be made in the covenants herein cOntained, hen lessor may. affer giving proper notice. reenter in a lawful manner and to the extent allowed by law, take possession thereof, removing all persons therefrom, and alt property thereon, holding the same at the cost of and for the account of lessee. Lessor may elect to terminate this lease, Cr10 rerent the premises, without terminatin? the lease, at a reasonable rental, and jessee Shall pay any deficiency thereon, together with costs incurred by lessor in connection therewith. 8. All covenants and agreements by lessee shalt be deemed conditional limitations. TIME IS OF THE ESSENCE IN THIS AGIIEEMENT. Alt Covenants and conditions herein shall apply to and bind the heirs, successors, administrators and assigns of all oarties hereto: and all the Darties hereto shaft be jointly and severally liable hereunder. AND PROVIDED FURTHER: 9. Lessor shall be responsiblefor payment of real estate property taxes, water, trash removal bin), outside building maintenance, gardening, air conditioning maintenance,. outside electric costs meter G") and building insurance. 10. Lessee shall be responsible for payment of all taxes and licences pertaining to Lessee's business and shall hold Lessor harmless in connection with any expense therein. 11. Lessee shall not erect any signs, banners, or flags on the Outside of the leased premises, or on the outside of the building structure1 I or Lessor S property without the prior consent of' the Lessor. 12. Lessee shall not store vehicles or equipment or display goods on the Lessor's property, except in the leased premises. 1?. Lessee is hereby given the option to renew this lease for two 2) additional two 2) year terms, said Option to be exercised by giving Lessor Written notice of intention to renew at least 6 months before the expiration of original term. If the option for renewal is exercised the total rental therefore shall be equal to the rental at the termination of the original lease ov. 3O,198?) plus the same annual escalation rate as the original lease. BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 %/ 5. That upon the termination of this lease, or hatever reason lessee will quit the premises and sur'.?-??r he s??e in good Order and condition Sublect to reasonable use and wear, dama?e by the elements excepted If lessee Shall hold over w?th sent of ssor, then there shail exist a month?to?month tenancy, for which monthry rental shall be 089. subject to the terms and controns above Specified. 6. It is expressly understood and agreed that the lessor is relying on the personal integrity, experience, nd knowedge of the individuals operating the lessee enterprise and has retied upon their personal ability to maintain the commercial viability 0 the premises and the lessor's interest in the properly, and therefore the appointment of a Receiver to take possession of substantially all rf he lessee's assets or a general assignment by the lessee for the benefit of creditors. or any action taken by the tessee under any insolvency or Oankruptcy act Shall constitute a breach of this lease, by lessee. 7, If any rent shall be due and unpaid or it detault shall be made in the covenants herein contained, then lessor may, after giving proper notiCe, reenter in a lawful manner and to the extent allowed by law, take possession thereof, removing all persons therefrom, and all property thereon, holding the same at the cost of and for the account of lessee. ssor may elect to terminate this lease. or to rerent the premises, without terminating the lease, at a reasonable rentai, and lessee shall pay any deficiency thereon, together with costs incurred by lessor In connection therewith. 8. All Covenants and?agreement? by lessee shall be deemed conditional limitations. TIME IS OF THE ESSENCE IN THIS AGREEMENT. All covenants and conditions herein shall apply to and bind the heirs, successors. administrators and assigns of all Darties hereto, and all the Oanies hereto shall be jointly and severally lable hCreunder. AND PROVIDED FURTHER: 9. Lessor shall be responsiblefor payment of real estate property taxes, water, trash removal bin), Outside building maintenance, gardening, air conditioning maintenance, outside electric costs meter G") and building insurance. 10. Lessee shall be responsible for payment of all taxes and licences pertaining to Lessee's business and shall hold Lessor harmless in connection with any expense therein. 11. Lessee shall not erect any signs, banners, or flags on the outside of the leased premises, or on the outside of the building structure, or Lessor's property without the prior consent of the Lessor. 12. Lessee shall not store vehicles or equipment or display goods on the Lessor's property, except in the leased premises. 13. Lessee is hereby given the option to renew this lease for two 2) additional two 2) year terms, said option to be exercised by giving Lessor written notice of intention to renew at least 6 months before the expiration of original term. If the option for renewal is exercised the total rental therefore shall be equal to the rental at the termination of the original lease Nov. 30,1985) plus the same annual escalation rate as the original lease BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 &/ EMORANDU? OF AGREEME?T Reference is made to office lease dated July 1982 between City of La Quinta, Lessee, and Brennan & wild, Lessor. This Memorandum of Agreement is made this day of July, 1982 between Frank Usher, La uinta y anager representing the Lessee, and Mort Brennan representing the Lessor. The followin? items are hereby agreed: Lessor shall install carpet in Suite D" no later than Dec. 1, 1982 at Lessor's expe?se. Quality of carpet to be at least equal to carpet i? Suite C?'. 2. Lessor shall make available to the City Suite *`B" at no cost durin? the full month of July, 1982. 5. One City owned vehicle shall be allowed to be parked 2? hrs per day in the parkin? area if necessary. 4. Any outside si??s desired by the City are to be approved by the Lessor. 5. Stora?e cabinet now in Suite F' is available at no cost for City permanent use. Any alterations are at City ex- pense. 6. Any room partitions, lighting changes, A/C duct chan?es, or interior decorating in rented premises are to be at City expense. Lessor will remove all fixtures of one rest room, and install d?orways not doors) in 2 designated partition walls if desired by the City. All labor and material shall be at Lessor's expense. Yort Bre?na? ran BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 '/ NOTEXTPAGE BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 (/ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF LA QUINTA, CALIFORNIA, DESIGNATING THE LOCATION OF THE CITY HALL. BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows. SECTION 1. The La Quinta City Offices, located at 78105 Calle Estado, are hereby designated as the La Quinta City Hall. APPROVED and ADOPTED this 6th day of July, 1982. MAYOR ATTEST CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: AT(RNEY BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 )/ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUI??A, CALIFORNIA, RESOLUTION NO. 82-8, DESIGNATING THE PUBLIC PLACES WHERE ORDINANCES AND CERTAIN RESOLUTIONS SHALL BE POSTED. BE IT RESOLVED by the City Council of the City of La Quinta, California, that Section 2 of Resolution No. 82-8 hereby is amended to read as follo?s: SECTION 2. The follo?ing public places within the City limits of the City of La Quinta are designated and established for the postin? of all adopted Ordinances, of such Resolutions as are required by law to be published or posted, and of such notices as are required by law to be published. A. La Quinta City Offices City Hall), 8?1O5 Calle Estado B. La Quinta Community Center, 861 Avenida Montezuma C. La Quinta Post Office, i-?21 Avenida Bermudas APPROVED and ADOPTED this 6th day of July, 1982. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: A TENT CITY ATTORNEY G?Y 1?AN?GER BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 */ RESOLUTION NO. 82- A RESOLUTION OF T?E CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER OF ThE CITY OF LA QUINTA TO ACCEPT AND CONSENT TO DEEDS OR GRANTS CONVEYING ANY INTEREST IN OR EA?NT 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 Recorder of Riverside County. APPROVED and ADOPTED this day of 1982. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: APPROVED AS 0 ENT: oO.6. BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 +/ i- ORDINANCE NO. AN ORDINANCE OF TIlE CITY OF LA QUINTA ADDING CHAPTER 2.29 TO THE LA QUINTA MUNICIPAL CODE, ESTABLISHING A CITY PLANNING COMr?ISSION. The city council of the City of La Quinta does ordain as follo?s: SECTION 1. A new chapter, to be numbered 2.29 hereby is added to the La Quinta Municipal Code, to read as follows: Chanter 2.29 PLANNING COMMISSION Sections: 2.29.010 Created 2.29.020 Secretary, staff support, committees. 2.29.030 Meetings--Rules of procedure. 2.29.010 Created. Pursuant to Section 6?ioo ffit se?. of the alifornia Planning and Zoning Law, there hereby is established for the city a planning agency, consisting of a planning depart- ment, a planning commission, and the city council, acting in corn- bination. The planning commission shall consist of five members, serving without compensation, an dappointed in the manner and for the terms prescribed in Sections 2.O?.060 and 2.06.010, respectively, of this code. It shall have the powers, functions and duties pre- scribed in the Planning and Zoning Law, and in the La Quinta zoning Ordinance and in this code and other local ordinances, provided that it shall not exercise any direct contracting authority as specified in Section 6500? of the Planning and Zoning Law. 2.29.020 Secretary, staff support, committees. The corn- mission shall be authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. The city manag6r shall appoint a person to act as secretary to the commission, and shall be responsible for providing necessary staff support. 2.29.O?0 Meetin?s--Rules of procedure. The planning commission shall meet at least once each month at such time and place as shall be fixed by the commission by its standing rules. A majority of the existing appointed members of the commission shall constitute a quorum for the general transaction of business, subject, however, to more restrictive requirements as to the number of votes nec- essary in order to take certain actions, as may be prescribed in the Planning and Zoning Law. The commission may establish such rules and regulations as it deems necessary and expedient for the conduct of its business, and shall, in compliance with Section 5?o? of the Planning and Zoning Law, develop and publish procedural rules for conduct of the commission's hearings so that all interested BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 ,/parties shall jv? d'(?7anOe kno?J?'d?t of procedures to be followed. In matters relating to the holding of regular and special meetings, th? commission is bound by the provisions of the Ralph Brown Act of the State of California Sections 54950 et seq., California Government Code.) SBCTTON 2. Subsection e) of Section 16.02.030 of the La Quinta unicipal Code hereby is amended to read as follows: e) Whenever in the enactments of the County of Riverside which are continued in effect as aforesaid, there is a reference to Planning Commission," Area Planning Council," East Area Planning Council," Land Division Committee" or Desert Area Land Division Committee," such reference shall be interpreted to mean the Planning Commission of the City of La Quinta." ECTION 3. Notwithstanding the foregoing previsions of this Ordi- nance, in order to avoid as much as practicable, delays in or dis- ruptions of the normal planning, zoning and subdivision processes, any matter or application which is, as of the operative date of this Ordinance, filed with or pending before the County of Riverside Planning Commission," Area Planning Council," East Area Planning Council," Land Division Committee" or Desert Area Land Division Committee," may be processed to completion by said agency to the extent of its jurisdiction, with the same force and effect as if such matter had been processed to completion by the Planning Commission of the City of La Quinta, unless otherwise directed by the City Manager or the City Council. SECTION 4. EFFECTIVE DATE, AND OPERATIVE DATE. This Ordinance shall be in force and effect thirty 30) days after passage, provided, however, that the provisions of this Ordinance shall not become operative until the City Council has, by resolution, activated the City Planning Commission created by this Ordinance and has fixed a date for such activation, and this Ordinance shall likewise become operative on the same date so fixed. 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 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 this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held 1982, by the following vote Ayes: Noes: Absent MAYOR ATTEST: CITY CLERK APPROVE AS TO FORM: APPROVED CITY ATTORNE CITY???NAGER BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 -/ League of California Cities Sacramento, California june 11, 1982 P e S. Dr. Thomas J. CLark t1c;?Oh *??;rs<?rns4? City of La Quinta do Frank Usher D?rrLL rL?hr P.O. Box 1504 G?Or? La Quinta, CA 92253 Don Be Dear City Council Members: DL?ECTO?S On behalf of the officers, directors and member cities of the League of California Cities it is a pleasure to extend to the City of La Quinta a cordial * invitation to become a member of the League. The purpose of our organization and the services it provides are outlined in the pamphlet California Cities Work Together," copies of which accompany this letter. We are thoroughly familiar with the difficulties a newly-incorporated city faces in attempting to finance the day-to-day operations of municipal governments, and consequently the invitation to membership is extended p with the understanding that your city will not assume its financial obligation with respect to the League until 3anuary 1983. It is hoped that you will take favorable action, either by motion or resolution, on the question of membership in the League, thereby lending additional support to the organization which exists solely to be of service to city officials in our State. As a guide in your deliberations, we are enclosing a copy of the dues schedule to enable you to determine what the annual service charge will be for La Quinta in january 1983. * Please let us know if you have any queStionS about this schedule or any other matters of concern to you. Executive Director DB/lln Enclosures: California Cities Work Together" Western City Dues Schedule Roster Form Publications List LYL H?-?A?CUr?R ER? CONFERENCE REGISTP?TlON OFF(CE SOUTHERP SO oZ?< C)TEL B?R 93?' 7.5'? D BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 ./ 0! CALI?ORN?A CITIES STREET I?OINIA 95814 SECTION VI b.UE??:?HEDULE FOR LEAGUE OF CALIFORNIA CITIES The population figures used by the State Controller for the December I alLoCation of motor vehicle in-lieu fees to cities is the population used for dues which become payable for the next ca!endar year. For budget purposes It should be remembered that the population estimates, special censuses, and inhabited annexations occurring between july I and December 1 of each year will be Included In the population figure establIshed December 1 of each year. If your population is close to the top limit of a particular dues classification, and if your population is expected to increase or an annexation is imminent, budget consideration should be given to the possibility of your city moving into the next higher bracket by December 1, 1979. For cities having a population of: I to 500 $ 15.00 5,001 to 7,500 $ 780.00 501 to 600 38.00 7,501 to 10,000 900.00 601 to 700 75.00 10,001 to 15,000 1,088.00 701 to 800 83.00 15,001 to 20,000 1,253.00 801 to 900 98.00 20,001 to 25,000 1,568.00 901 to 1,000 120.00 25,001 to 30,000 1,883.00 1,001 to 1,250 * 188.00 30,001 to 40,000 2,318.00 1,251 to 1,500 233.00 40,001 to 50,000 2,820.00 1,501 to 1,750 278.00 50,001 t?*60,000 3,248.00 1,751 to 2,000 330.00 60,001 to 70,000 3,570.00 2,001 to 2,250 353.00 70,001 to 80,000 3,750.00 2,251 to 2,500 390.00 80,001 to 90,000 3,998.00 2,501 to 2,750 413.00 90,001 to 100,000 4,380.00 2,751 to 3,000 450.00 100,001 to 125,000 4,995.00 3,001 to 4,000 503.00 125,001 to 150,000 5,498.00 4,001 to 5,000 600.00 150,001 to 200,000 248.00 200,001 to 500,000 $314.00 per each 10,000 of population Over 500,000..............$290.00 per each 10,000 of population In no event shall the annual dues or service charge for any city exceed a total amount of $35,000. 18- BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02 // fi? WaI??r & June 29th, 1982 77-94?j???a'niCo O?PO Bo? 186 C' 92251 714 664A117 City of LaQuinta P. 0. Box 1504 LaQuinta, CA 92253 Gentlemen Post Office Designation Plaza LaQuinta Shopping Center We expect around the first of September this year to occupy office space at 78-341 Highway 111. This is the shopping center under construction, and will be known as Plaza LaQuinta Currently, this area is served by the Pal'n Desert post offit?, with a zip code of 92260. Walker & Lee has had an office in on the Country Club grounds) for about l5years, and would like to continue to have new location known as the La quinta Office. Our nail is currently directed to our Post Office Box 186, which we will continue to use. However, if our stationery and business cards are to show the Highway 111 address, and the nail to be directed to our post office box number, I don't know when we will get our mail I can see it shuttled back and forth between the two zip codes. The purpose of this letter is to ask your assistance in having the post office designate the shopping center as La quinta" for both nail and street address, and alleviate the confusion that will result otherwise. Sincerely, y;? L< Th) John F. Cheney Manager BIB] 07-23-1996-U01 09:48:41AM-U01 CC-U02 07-U02 06-U02 1982-U02