1983 09 20 CC( AGENDA
CITY COUNCIL CITY OF LA QUINTA
A regular meeting of the City Council
to be held at the La Quinta City Hall,
78-105 Calle Estado, La Quinta,
California
20, 1983 730 p.m
1. CALL TO ORDER
A. Invocation-
B. Flag Salute
2. ROLL CALL
3. PUBLIC COMMNT
This is the time set aside for citizens to address th City Council
on matters relating to City business. When addressing the Council,
please state your name and address. The proceedings of the Council
meeting are recorded on tape, and comments of each person shall be
limited to three 3) minutes.
4. wRITTEN COMMUNICATIONS
A. Communication from the La Quinta Property Owners Association.
B. Communication from the La Quinta Chamber of Commerce.
C. Communications from the Coachella Valley Water District8 F)
D. Communication from Coachella Valley Television. L.
5. COMMENT FROM COUNCIL Ce: C+y 5Vtc-
U. Oj+ HuII#,' Oo
6. HEARINS 4
7. CONSENT CALENDAR
Approval of the Minutes of the regular meeting of September 6,
1983.
B. PROPOSED RESOLUTION. A RESOLUTION OF THE CITY COUNCIL
OF TE CITY OF LA QUINTA, CALIFORNIA,
APPROVING DEMANDS.
8. BUSINESS SESSION
A. Report from the Principal Planner regarding an ordinance
relating to minimum size of dwellings in Planned Residential
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( AGENDA CITY COUNCIL
September 20, 1983
Page Two.
B. Report from the Principal Planner regarding amendment to the
La Quinta Municipal Code relating to the issuance of licenses
and permits, and related procedures.
1. Ordinance for Adoption.3
C. Continued consideration of report from the Building Official
regarding amendment to the La Quinta Municipal Code relating
to height and location of walls and fences.
D. Report from the City Manager regarding Annexation No. 1.
1. Resolution for Adoption.
E. Report from the City Manager regarding a lease acquisition
agreement for City offices.
1. Motion for Adoption.
F. Report from the City Manager regarding claim of Peggie M. Nish.
1. Motion for Adoption.
G. PROPOSED RESOLUTION. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LA QUINTA, CALIFORNIA,
PROCLAIMING THE WEEK OF OCTOBER 9 THROUGH OCTOBER 15, 1983, FIRE
PREVENTION WEEK IN RIVERSIDE COUNTY.
H. Report from the Principal Planner regarding a field trip relative
to drought resistant plants.
I. Other
9. ADJOURNMENT
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( $4
4
Property Owners ABsociation
Sptq'mbey ii, i983
rank Usher
City of La Quinta
F() Boi 1504
La Quinta, Calif. 92253
i)ear Frank,
The Board of Directors of th La Quinta Property Owners A55oCidtio
wishes to commend th City Staff for their outstanding efforts.during
the recent heaYy rains in La Quinta. Their effort are yjdCe of
the deep commitment of the Staff to the citizen of La Quinta.
Since7lqI
John Ryan
President
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( LaQuinta Chamber of Commerce
p 0 BOX 255. LA QUINJA. CA 9225a 61 564 99
September l3 1983
CITY OF LA QUINTA
Post Office Box 1504
La Quinta, California 92253
The intent of this letter is to commend the City officials Mr. Frank Usher,
Mr. Doug Brown and Mr. Frank Mazza for their beyond the call of duty"
efforts in maintaining an al night vigil of the flood conditions developing
in our Cove Community during our recent rain storm.
Their alertness and foresight in procuring the necessary equipment to sustain
the flood channel walls was instrumental in containing the water flow and
eliminating damage to the threatened areas.
Thanks for a job well done.
LA QUINTA CHAMBER OF COMMERCE
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( +5
ESTABLISHED IN 191B AS A PUBLLC AGENCY
CDACHELLA VALLEY WATER IJISTRICT
IO6 COACHELLA, CALIFORNIA 92236
619)
DIRECTORS OFFICERS
RAYMOND R. RUMMONDS. PRESIDENT LOWELL 0. WEEKS,SENERAL MANAGER-CHIEF ENGINEER
TELLIS CODEKAS. VICE PRESIDENT BERNAROINE SUTTON. SECRCTARY
JOHN P POLL VICTOR B APD, AUDITOR
PAULW.NICHOLS REDWINEANDSHERRILL,ATTORNEYS
STEVE D. BUXTON
September 13, 1983
File: 0506.3
The Honorable Robert L. Baler
Mayor of La Quinta
Post Office Box 1504
La Quinta, Californi8 92253
Dear Mayor Baler.
Subject: Stormwater ProtectioniFringe Toe Lizard Reserve
The District has been working for many years to provide stormwater
protection to the area north of Interstate 10 and northwest of Indlo which
includes the community of Thousand Palms.
The area north of Interstate 10 is currently without any flood control
protection and is subjected to flows from the foothills to the north. In
1977, tropical Storm Doreen caused millions of dollars in damage to this
area. Fortunately no lives were lost in this storm. Flood Control to
protect this area and the western portion of Indio from potential damage is
a high priority.
In 1964, the District hired Bechtel Corporation to prepare flood Control
plan for this area. This plan proposed a series of dikes to convey the
waste to a retention reservoir for evacuation into the Whitewater River
Stormwater Chsnnel at Indlo. We are contacting the property owners in the
area to see if there is enough interest in forming an assessment district
to construct the flood control facilities.
The proposed location of some of the stormwater facilities are within the
proposed Coachella Valley Ecological Reserve. This reserve is being
proposed to protect the fringe toed lizard. We recognize that a reserve is
needed for the fringe toed lizard; however, we believe that stormwater
protection for the residents is the highest priority. We believe that the
two uses can be compatible providing that adequate planning occurs.
Therefore, we have requested that the Board of Supervisors establish a
committee of County, Valley Cities, public agencies, utilities, business
and environmental organizations and State and Federal agencies to develop a
plan for a reserve that Is compatible with the stormwater needs of the
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( Mayor Bajer 2 September 13, 1983
Enclosed are drawings showing the Bechtel plan. and the fringe toed lizard
reserve and our Resolution to the Board of Supervior.
If you have any questions or desire additional information please contact
Tom Levy at 619) 3982651.
Yours very truly,
i Raymond R Rutmnondq
president
TFL: sed
Fnclosures/21a5
cc: Maurice Sherrill
Redwine & Sherrill
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( COACELLA ALL7 61H9)22Th225
74175 EL PASEO
BOX 388 PALM DESERT, CALFORNIA g2260
September 2, 1983
The Honorable Robert L. Baier, Mayor
City of La Quinta
78 105 Calle Estado
La Quinta, California 92253
Dear Nayor Eier:
The spiraling cost of doing business and providing services has played no favor-
ites in the last 8 to 10 years. In fact business as well as government have,
whenever necessary, adjusted the pricing Structures for goods or services upward
to meet the costs. It is in this vain that I direct this letter to you and your
colleagues.
Coachella Valley Television has been no exception in feeling the crunch of the
economy. A rate increase by October 1, 1983 is absolutely essential if we are
to maintain the trend of standards that have been established over the past
several years. The following you will find supportive and demonstrative of the
position of necessity we take.
1: Since 1975 the Consumer Price Index CPI) has increased 64.1% while the
Coachella Valley Cable Television bill has increased only 15.1%. Predicated on
the standard of the CPI an $11.41 basic service rate would be called for as
opposed to the $8.00 currently being charged. Simply put, our rates have not
kept pace with the changing economy. Exhibit A)
2: A survey of rates in California as well as other areas of the nation show
average rates for basic service to be much higher than those presently charged
by Coachella Valley Television. Of 30 systems chosen at random from around
California see attached Exhibit B) we found the average basic cable rate to be
$9.95 per month. According to the Cable Television Information Center," 1800
North Kent Street, Suite 1007, Arlington, Virginia 22209, a survey of the
nations 25 largest cities demonstrated an average basic cable rate of $9.84. Of
the systems with more than 30,000 subscribers, the average basic service jumped
to $10.62 per month. Coachella Valley Television serves some 35,000 basic
subscribers.
3: According to Southern California Gas, during the last 5 years rates have
risen in excess of 100%, and according to GTE, telephone rates have risen 60%.
In addition to the econoITic considerations outlined to this point, what is and
what has Coachella Valley Cable Television been doing for the subscribers of the
Valley?
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( The onorab1e Robert L. Baier, Mayor September 2, 1983
City of La Quinta Page 2
1: 24 months ago we embarked On an ambitious valley-wide rebuild program aimed
at replacing the then existing 12 channel system with a state of the art" 35
channel to 54 channel capable system by year end 1984. Some 5.5 million dollars
of capital have already been poured into the rebuild program. The results have
ben significant already. At the present time the rebuild has resulted in ren-
dering the system throughout the valley at least 29 channel capable with several
areas already at the 35 channel to 54 channel level. Programming is already
appearing on the additional channels and being marketed through the 29 channel
level. See Exhibit C Channel Line-Up" showing what is available now at 29
channels arid what will be available at 35 channels.) The product available flow
to subscribers versus the previous 12 channel speaks for itself. FCC author-
ization has been applied for to utilize channels 29 and 32.
2: Since coming aboard 18 months ago, our Chief Engineer, Maynard Miller, has
directed his efforts toward the single purpose of subscriber oriented field
service and response. He has accomplished this with training, recruiting and
additional staff and equipment. Our service department and field operations are
now manned 24 hours a day, 365 days a year including holidays, enabling us to be
as responsive as possible to the needs of our subscribers and our franchising
authorities. By employing staggered shifts and confining service and technical
personnel to specific zones, we have effectively been able to respond to
individual out of service within a 24 hour time frame and most often within
hours of the subscribers call. Service outages, affecting three 3) subscribers
or more are responded to at any hour, in effect rendering 24 hours a day service
to Coachella valley subscribers. staffing increases are made as needed to meet
the increasing growth of our subscriber count.
3: Cook Street Facility In 1981 we constructed a new warehouse and service
facility to meet the growing needs of our operation as well as cable subscribers.
The capital outlay required was $900,000.
Candidly, we could outline numerous items not quite as significant as those out-
lined above, that are representative of improvement and investment made in recent
years, all with the aim of providing a level of service which few can boast. As
demonstrated herein, we are on the threshold of achieving that end. To maintaifi
this level of excellence necessitates an adjustment in our rates.
As you are aware, Coachella Valley Cable Television serves some 35,000 subs-
cribers through eight 8) individual franchises. All of them differ somewhat
including the provisions spelled out for the process by which the cable operator
may make application for and get a rate adjustment. As you can appreciate this
become tirne consuming and cumbersome for all concerned, government and operator
alike. It is for these reasons that Coachella valley Television has determined
to exercise its rightsoutlined under Section 53066.1 a) of Assembly Bill
o. 2778, the Laws of the State of California", providing for exemption from
local rate regulation. I enclose for your records a copy of our filing with the
of
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( The Honorable Robert L. Bajer, Mayor September 2, 1983
City of La Quinta Page 3
Our planned increase October 1st will take our basic service charge to $10.00
per month, an increase of $2.00 per month. When considering the average
Coachella valley Cable subscriber purchases $15.59 in monthly services the
increase represents a hike of only 12.87.
The States deregulation law recognizes that rates are not the paramount issue in
the cable television regulatory process. Service, condition of plant, superior
facilities, community service, franchise fees, overall responsiveness to the
consumer are the issues which get to root of public interest. In July the City
of Indjo approved a renegotiated franchise renewal which speaks to these core
issues of today's franchising process. It is the product of approximately two
years of negotiations with the City of Indio and its consultant, Mr. Carl Pilnick,
noted for his franchising work across the country on behalf of municipal and
county government. I have taken the liberty of enclosing a copy of this document
for your general information. Although our remaining franchises are not due for
the renewal process for years, we will be receptive at anytime to
negotiate renewal consistent with the substance of the Indio franchise, affording
you a much earlier time frame to provide your constituents with a more inclusive
franchise document.
We have and will continue to take our responsibility to our subscribers and
franchise holders very seriously. We believe the minimal niagnitude of the rate
increase is reflective of this in the face of statistical data which seezningly
could justify a far greater basic rate. In keeping with the spirit of our fran-
chises the new rate is directed to a fair and reasonable return
We look forward to our continued fine working relationship. If there are any
questions, please do not hesitate to call.
General M ager
RCN:mr
Enclosure
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( RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
DEMANDS.
BE IT RESOLVED by the City Cduncil of the City of
La Quinta, California, to approve demands as shown on
the Demand/Warrant Register dated September 20, 1983.
APPROVED and ADOPTED this day of 1983.
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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( fry
MEMORANDUM
CITY OF LA QUINTA
To: The Honorable yor and MeSs of the City Council
From: Sandra L. Bonner, Principal Planner
Date: Septrber 20, 1983
Subject: PROPOSED AMEND TO MUNICIPAL LAND USE ORDIWNCE NO.348, AMENDING
SECT IS 18.5 and 18.11 REGATNG MINIMUM SIZE OF LLLINGS IN PLNNED
RESIDENTIAL DEVFIPME; CITY INITIATED.
At the Septrr 13, 1983 hearing, the Planning Corrirnission reviewed the amended
version of Section 5(d) of the above mentioned proposed ordinance regarding the
pravis ions for granting exceptions to the minimLim dwelling size standards.
The CO[rtrLissjon voted 4 to 0 in support of the arrnded version as approved by the
City Council. Ore ssioner abstained fr the vote due to potential conflict
of interest.
SLB:dmv
D
C.TET
V L
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( MEMORANDUM
CITY OF LA QUINTA
To: The Honorable Mayor and nbers of the City Council
From: Sandra L. Ponner, Principal Planner
Date: Septriber 20, 1983
Subject: PCEDURE FOR ERCING ORDINCE AMENDMENT REGRDING FALSE OR MISUING
STATES.
The following points should be enphasized:
Aside fran minor planning approvals, staff does not have the authority to
deny an application. The zoning and suodivisioriiaances state that only
the Planning Director, Planning Cain'ssion and City Council have the authority
to approve or deny use pennits, land divisions, change of zones, variances,
major plot plans, specific plans and general plan amendments. Staff can only
make recommendations to these decision making bodies.
Denial of an application is the last resort", and shall be done only after
the applicant continues to refuse to provide the requested information. The
requested information must be relevant and pertinent to the determination of
whether an application can be approved.
o plicants will be notified at the tirr' they suunit a request that they are
required to submit clete and accurate information. This will be accomplished
by conspicuously stating on the application form that false or misleading
information may be grounds for denial of this request.
Processing Procedure
The following is the general procedure followed by staff in reviewing applications:
o Upon receipt of an application, staff reviews the forms and exhibits
to ensure that they are clete and accurate.
o If additional information or clarification is needed, staff contacts
the applicant to discuss the matter and request specific information.
Alrrst all applicants corply with staff's request for additional
information.)
o If the applicant refuses or fails to submit the information, the matter
is referred to the department head if not already done so). If the
supervisor confirms that the request for information is reasonable and
necessary, the applicant is formally notified that the information must
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( STAFF REPO cr CODNCIL
septeee 20, l93 Page Two.
o If the information is not provided, staff may recaend to the decision-
making body denial of the application on the grounds of false or mis-
leading information. The applicant is provided with a copy of the staff
report prior to the hearing.
o At the hearing, the applicant will have the opportunity to present his
side of the issue. The decision-making body may determine that the
information is not false or misleading and then rule on the case; or,
they may determine that the reuest is valid and reasonable and again
reguest the applicant to provide the information. If the applicant
refuses, they may deny the case.
SLB:dm
I T4
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( MEMORANDUM
CITY OF LA QUINTA
G<Th
OF
To.' The Hcrab1e Myor and Mers of th City Ccinil
rom. Phil Coggins, Bujin9 Official
Date SQDt 6, 1983
Subject POPOSED AMENDMET C. 32, SEIO\' 18.40(c),
HEIGHT AN LTIC OF AND FmS
Q(GRJND
Pecently, an application for a peImit to build a 6' high fence on trp of an
Dve1axent Deoartr
dstin9 reta in*g wall s sLtuoitted to the CoTiTty 77-810 Calle
Biloirc Sectio. ne alicants were Mr. & Mrs. Albeft Grjz,
a Their lot is located on the nortb-st coner of Cal le Ta1a and
Avenida Vrtinez. The existing retajic all in jjestion rs north and south
on this lot with the height at the south en being 4'2' ana the hel9bt at the
north end bein 26".
The applicants originally intended to add the 6' high fence on top of the existing
retaln])9 wall, which would result in the north end height being 10'6". After
discussing the imtter with the applicants, they reconsidered and requested that
a 4' high fence be allowed on top of the retaining wall. The Qlicants explained
that they have grandchildren stay with frequently and if they added the 1'l0"
height that would ccir1ete the allowable maximum 6' hei9ht, it would create a
safety hazard hy not prcvi9 an adequate auardrail.
REcME:NDATI
Staff recceeeds that SECI'ION 18.40(c) of Orinance NC. 32 be arrnded to read as
follows:
SDI 18.40 IIS, AND LNDSCAPINC
c) The height of w-ls, fences, hodges and andscaping, as
&itted, shall be rneured fran the 1ast int of
finish grade as defin in Chapter 70 of the Uniform
Building e.
This wold pro'de staff with a nre pr&cise dfintion of the ordinnce.
Staff also re-.Qs that a Subsection e) be aCided to Oance No. 32 to
read as fo1lo:
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( daroes of this ordincc jl e1ptc the reau-?t 0 aD1icts
hvinc. tc fil& for Vciriarce, th rv.h-inTJIT cost of which is $I,200.OC.
A-F
A TO CL-:LT.
CIT LGL.''.L
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( f-p
MEMORANDUM
CITY OF LA QUINTA
To: Honorable Mayor and Members of Council
Frnm: Frank M. Usher, City Manager
Date: September 16, 1983
Subject: Annexation No. 1
At its meeting of September 8, 1983, the Local Area
Formation Commission approved La Quinta Annexation No. 1.
The next, and final step, in the process is to hold a
public hearing to allow landowners and registered voters
to file written protests.
Substantial support is expected at the hearing because
54% of the registered voters and owners of 58% of the
assessed valuation of land have filed petitions favoring
annexation to La Quinta.
It is recommended that the hearing be held Thursday,
October 13, 1983 or Thursday, October 20, 1983, at
7:30 p.m.
Adoption of the accompanying resolution is respectfully
recommended.
FMU/tb
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( MEMORANDUM
CITY OF LA QUINTA
To: Honorable Mayor and Nembers of Council
From: Frank N. Usher, City Manager
Date: September 16, 1983
Subject: Lease Acquisition Agreement
The accompanying agreement provides for acquisition
of the lease rights held by Mr Edward Hernandez
relative to Suite A, 78-105 Calle Estado. The cost
is $2,000.00 Which covers acquisition of rights,
moving expenses and other incidental business costs
incurred by Mr. Hernandez. This space is necessary
because of planned staff expansion. Suite A will be
the most economical and convenient for this purpose.
Approval of the agreement is respectfully recommended.
FMU/tb
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%( fl-f
MEMORANDUM
CITY OF LA QUINTA
To: Honorable Mayor and Members of Council
From: Frank M. LJsher, City Manager
Date: September 16, 1983
Subject: Claim of Peggie M. Nish
Le subject claim was received September 13, 1983
regarding an incident which occurred on September 6, 1983
at 8:30 a.m.
On that morning, visibility and weather conditions were
good. If, as the claimant indicates, there was a large
rock in the roadway on Avenida Bermudas, it is not known
if the claimant might have had sufficient opportunity to
avoid it.
However, the City was not aware of the rock being in the
roadway, and subsequent investigation reveals that there
are not any large rocks in the paved roadway on Avenida
Bermudas. If there was a large rock in the roadway, it
may have been placed there by a person or persons unknown
to the City. Therefore, the City bears no liability for
the situation.
It is respectfully recommended that the City Council
reject the subject claim.
W(J:tb
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'( RESOLUTION OF THE
49
CITY COUNCIL
RESOLUTION NO. 83-55
PROCLAIMING THE WEEK OF OCTOBER 9 THROUGH 15, 1983
FIRE PREVENTION WEEK IN LA QUINTA
WHEREAS, the potentiality of fire in La Quinta's
dry and warm climate is great at all times, both Indoors
and outdoors; and
HbREAS, it is the desire of fire prevention and
protection a9encies to keep the people of the City of
La Quinta ever aware of our fire menace; and
liEREAS, these agencies and similar ones throughout
Ri'orside County are currently conducting a series of
open houses and demonstrations to teach the public how
to prevent fires; now therefore,
BE iT RESOLVED by the City Council of the City of
La Quinta, State of California, in regular session
assembles on September 20, 1983 that the period from
October 9. through 15, 1983 is hereby proclaimed
Fire prevention Week in La Quinta" and is
urged to participate in the Fire PreventIon programs
being conducted in all the local fire stations.
A FESiz T
K.
JY ANAR
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(( f-il
AiOF# MEMORANDUM
CITY OF LA QUINTA
To: The Honorable Mayor and Members of the City Council
From: Sandra L. Bonner, Principal Planner
Date: September 20, 1983
Subject: FIELD TRIP DROUGHT RESISTANT PLANTS
The U. S. Soil Service, in cooperation with the Desert Water Agency, is
conducting a study of drought resistant plants see attached Dublication
Approximately 70 species of plants are being grown on their test site,
which is located adjacent to Desert Water Agency's offices at 1200 5
Bogie Road, Palm Springs.
Sam Aslan, the District Conservationist for the Soil Conservation Service,
has offered to lead a tour of the site and discuss the plants being tested.
Our Planning Commission has set up a tour for September 29 at 3:00 p.m. The
tour will take approximately 2 hours.
Tf you are interested in the field trip, please contact Donna or myself.
SLB dmv
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