1983 12 20 CC AGENDA
CITY COUNCIL CITY OF LA QUZZA
A regular meeting of the City
Council to be held at City Hall,
76-105 Calle Estado, La Quinta,
California.
DecZiZ 20, 1983 7:30 p.m.
1. CAIL Z ORDER
A. Invocation
B. Flag Salute
2. POLL CALL
3. PUBLIC ZMMENT
This is the tZ set aside for citizens to address the City Council on matters
relating to City business. Zhen addressing the Council, please state your narre
and address. The proceedings of the Council meetings are Zrded on tape, and
Zrcents of eadi person shall be limited to three 3) minutes.
4. Z ZMuNICATIONS
5. Z BY ZUNCIL MZZERS
6. HEARINGS
7. CCNSEZ?Z CADZNZ
A. Approval of the Minutes of the adDourned regular meeting of the City Councill
Pedevelopeent Agency held Noverber 22, 1983; the Minutes of the adjourned
regular meeting of the City Council/Pedevelopeent Agency held Noveeber 29, 1983;
and the Minutes of the regular meeting of the City Council held Decebeer 6, 1983.
B. PPOPOSED RESOUYrIZ. A IZESOLUTION OF THE CITY COUNCIL OF ThE CITY
OF IA OUINTA, CALTFZZIA, APPPOZG DEZANDS.
8. BUSINESS SESSION
A. Report fran the Principal Planner regarding.Entnnsion of Tire, Conditional
Use Case No. 2394, a proposed 127 unit planned residential development
located at the northeast corner of 50th Avenue and Adams Street aliqnrrZnt;
Charles Soffer, Applicant.
1. Ztion for adoption.
B. Report fran the Principal Planner regarding Extension of Tire, Conditional
Use Case No. 2395, a proposed 200 unit planned residential development
located at the northeast corner of Washington Street and 50th Avenue;
Charles Soffer, Applicant.
1. Ztion for adoption.
C. Report fran the City Attorney regarding arrZndrrZnt to the Uniform Sales and Use
Tax Ordinance administered by the State Board of Equalization.
1. CcZrtrunication fran the Board of Equalization.
2. Ordinance for adoption. POLL CALL)
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City Council
Deceeeer 20, 1983
Page Two.
D. PZPOSED Z ZN OHDINANCE OF THE CZ ZUNCIL OF ThE CITY
OF IA QUINTA, CALIFOZIA, AME:NDING ThE
OFFICIAL Z(ZZG Z FOR ThE CITY, BY REZZING CERZAIN PZCLS OF PZPERIY
TO IN Z OF ZZE CASE No.83-004.
1 Ordinance for adoption. ZIL CAT.T.
E Report fran the City Manager regarding a Joint Powers AgrecZtZnt with the
City of Desert Hot Springs relative to the Retired Senior Volunteer Program.
1. Ztion for adoption. A
F. Other. Z Z/aZA Z
9. AZURNMEZZ
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RESOLUTION NO. 83-80
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA,
APPROVINC DEMANDS.
BE IT RESOLVZD by the City Council of the City of La
Quinta, California, to approve demands as shown on the
Demand/Warrant Register dated December 20, 1983.
APPROVED and ADOPTED this 20th day of December, 1983.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT.
CITY ATTORNEY CITY MANAGER
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f-I
MEMORANDUM
CITY OF LA QUINTA
Z
To: Honorable Mayor and ZrrZZrs of the City Council
From: Principal Planner
Date: Z 20, 1983
Subject: BXZENSION OF TIME:, Conditional Use Case No.2394, a proposed 127 unit
planned residential develoZirZnt on 42 acres, located at the northeast
corner of 50th Avenue and Adams Street alignrrZnt; Charles Soffer,
Applicant.
The Applicant is requesting that the City Council grant a one year extension to
the expiration date of Conditional Use Case No. 2394. If approved, the Applicant
will have until October 21, 1985, to suimit and have approved a tentative subdi-
vision map.
At the tmZ that this case was approved by Riverside County, planned residential
developments regufred both a tentative tract map and a conditional use permit.
In this instance, the Applicant only suZ:Iflitted a conditional use case; since
no tract map was or approved, the planned residential development
cannot be constructed.
ZNZYSIS
Staff is recCITtZing the denial of this extension of tThZ request based on the
following facts:
First, the policy followed by the City Council previously in its consideration
of Surface MirZg Permit No. 127 and Tentative Tract Map No. 14496 was the
following:
An extension of tirrZ is granted if the Applicant has continuously
and diligently made an effort to Zly with the conditions of
approval and begin the construction or the operation of the
approved use.
Conditional Use Case No. 2394 was approved by Riverside County on April 21, 1981.
Since this approval, the Applicant has not submitted an application for tentative
map approval. Although changing conditions in the housing market have resulted
in many approved tentative maps not being recorded, unfavorable market conditions
are not justification for failing to file a tentative map application. This
indicates that the Applicant has failed to continuously and diligently make an
effort to Zly with the conditions of approval.
secondly, since the tentative tract map is essentially one-half of the total
application or approval needed for a planned residential development, without
t
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ZZjp case Na. 2394
ZecZrZr 20, 1983
page Two.
it the project cannot be Znstructed. Failure to file the necessary tract
application indicates that the Applicant does not intend to build the project.
Thirdly, the requircZrZnts for planned residential developments have changed
since this case Was approved. Now Only a tract map approval is required. The
tract map application now includes all the information ZZhich was previously
included in the conditional use permit application, such as the locations of
buildings, driveways, streets and recreational facilities. Therefore, when
tract approval is given, the current conditional use permit is Superceded by
the requirements and conditions of the tentative tract map.
Z Z
me City Council deny the request for an extension of tixrZ for Conditional Use
PeZmit No. 2394.
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4
MEMORANDUM
CITY OF LA QUINTA
To: Honorable Mayor and MZZrs of the City Council
From: Sandra L. Bonner, Principal Planner
Date: Decee:Z 20, 1983
Subject: BZEZZSION OF TIME, Conditional Use Case No.2395, a proposed 200 unit
planned residential located at the northeast corner of
Washington Street and 50th Avenue; Caarles Soffer1 Applicant.
The Applicant is requesting that the City Council grant a one year extension to
the expiration Zte of Conditional Use Case No.2395. If approved, the Applicant
will have until October 21, 19S5, to submit and have approved a tentative suddi-
vision map.
At the timZ that this case was approved by Riverside County, planned residential
develoZnts required Zth a tentative tract map and a conditional Ze permit
In this instance, the Applicant only sZZtted a conditional use case since
no tract rna p was suhnitted or approved, thZ planned residential development
cannot be constructed.
ANALYSIS
Staff is recaZIZing the denial of this exLension of tirrZ request based on the
following facts:
First, the policy followed by the City Council previously in its consideration
of Surface Mining Permit No. 127 and Tentative Tract Map No. 14496 was the
following:
An ettension of tIITZ is granted if the Applicant has continuously
and diligently made an effort to comply with the conditions of
approval and begin the construction or the operation of the
approved use.
Conditional Use CaZe No. 2394 was approved by Riverside County on April 21, 1981.
Since this approval, the Applicant has not suZZtted an application for tentative
inap approval. Although changing conditions in the housing market have resulted
in many approved tentative maps not being recorded, unfavorable market conditions
are not justification for failing to file a tentative map application. This
indicates that the Applicant has failed to continuously and diligently make an
effort to carply with the conditionS of approval.
Secondly, since the tentative tract map is essentially one-half of the total
application or approval needed for a planned residential development, without
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No. 2395
Zr 20, 1983
page Two.
it the project cannot be constructed. Failure to file the necessary tract
application indicates that the Applicant does not intend to build the project.
Thirdly, the reguirZnts for planned residential develoZmZnts have changed
since tiis case was approved. Now only a tract flap approval is required. The
tract map application Z includes all the information ZZ?hich was previously
included in the oondjtional use permit application, such as the locations of
buildings, driveways, streets and recreational facilities. Therefore, when
tract approval is given, the current Znditional use permit is superseded by
the regiiireeents and conditions of the tentative tract map.
IZDZMFZZDED ZICN
The City Council deny the request for an extension of tirrZ for Conditional Use
Permit No. 2395
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STATE Z CAUZNIA
STATE BOARD OF EQUALIZATION ZZCONZ H. AC,ZZOiLIS
1020 N SIRZET SAZAZNTO, CALIFORNIA EEZS1 J. DIOZIZNIL'G
PZO. BoX 1799, SACRAMENTO. CALIZORNIA 95901) Z Z
WILLIAM A'. ENNtfl
Telephone 916) 445-3007 Th,.Z Z
RICHARO ZEVINS
Z Z PZdZ
KENNZ7H CORY
November 28, 1983 c--,Z Z
DOUOLAS 0. ELZ
ZTTY OF L.4 QUZZTA 3360
7P-105 CAIZ!ZP, ZrnZTADO 1.00
P.O.8OX 1504 7-82
LA OUIPZTA,cA 92253
Gentlemen:
In our letter dated November 18, 1983, we informed you of the
need to amend your Bradley-Burns Ordinance to delete the
exemption for operators of waterborne vessels.
Since this exemption will no longer be applicable on January 1,
1984, your present ordinance will not comply with the law and
our agreement to collect taxes will no longer be valid.
Therefore, it is imperative that we receive the requested four
certified copies of the amendments to your Bradley-Burns
Ordinance on or before December 15, 1983.
If you anticipate some difficulty in getting the amended
ordinances to this office by the above date, please call me at
the number listed above as soon as possible.
Very tr
K. H. Christensen
Supervisor, Local Tax Unit
0532A
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5)
STATE OF CALLZOZtNIA
CONWAY H COLLIS
STATE BOARD OF EQUALIZATION Fint Los AZZLs
1020 N STREET, SACRAMENTO, CAUZORNIA ERNtST j ZONENBZG, JR.
P.OZ oX 1799. SACRAMENTO, CAUZORNIA 95BOe) Z Z SoZ ZZ;-
WILLIAM M. ZNNETT
Telephone 916) 445-3007 Th,Z Z
RICHARD NEVINS
KENNETH CORY
November 18, 1983
DOUGLAS 0. IELL
TTY OF LZ QUZ5ZTA 3Z6O
7Z-1o5 cALtZ E3TArJO 1.00
BOX 1504 7-82
LA QUINTA,CA 92Z53
To City Addressed:
Chapter 5 of the Statutes of 1979 provided for the repeal
of Sections 7202 and 7203 of the Revenue and Taxation Code and
the addition of new Sections 7202 and 7203 operative January 1,
1984. The effect of this is to delete from the required
provisions of the county and city Bradley-Burns ordinances the
exemptions for operators of waterborne vessels.
AB 900 was introduced in the current legislative session
to postpone the effective date of this change in the prior
provisions of the Bradley-Burns ordinances to January 1, 1994.
This bill was passed by the Assembly and Senate but was vetoed
by the Governor. The Governor S veto message stated, in
effect, that he would not object to a twoZyear extension of
these exemptions if a bill to that effect were introduced into
the Legislature in January of 1984.
Because the 1979 changes to the Bradley-Burns Uniform
Local Sales and Use Tax Law remain operative it is imperative
that all city and county ordinances be amended prior to January
1, 1984. There is a possibility that the waterborne vessel
exemptions will be restored early in 1984. Therefore, there
must be a contingent amendment to those ordinances to provide
for the watercraft exemption to be reinstated if the law is
again changed.
Your city has enacted a short form ordinance on
Form BT-527A Rev. 2 11-74). Enclosed are copies of proposed
ordinances to amend the sections of your ordinance relating to
exemptions and exclusions that may be used.
Many cities have codified their Bradley-Burns sales and
use tax ordinances. If your city has done so, the section
numbers in the ordinance forms will have to be changed to
correspond to the sections in the city code
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b)
2-
Please have the amendments rnade to your Bradley-Burns
Ordinance and forward four certified copies On or before
December 15, 1983, to:
State Board of Equalization
P. 0. BoZ 1799
Sacramento, CA 95808
Attn: Keith Christensen
Local Tax Unit
Sincerely,
Z t.Z
Douglas D. Bell
Executive Secretary
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, AMEZDING THE OFFZCIAL ZONING
MAP FOR THE CITY, BY REZONING CERTAIN PARCELS
OF PROPERTY REFERRED TO IN CHANGE OF ZONE
CASE NO. 83-004.
The City council of the City of La Quinta does ordain as
follows:
SECTION 1. Section 4.10 of Riverside County Ordinance No. 348
which was adopted by reference by this City Council by Ordinance
No. 5, operative AuZust 29, 1982) and La Quinta District Amended
Official Zoning Plan Map No. 14, as amended, are further amended by
rezoning from R-2-8,000 and R-1-12,000 to R-3-2,800, R-3-20,000 and
R-5, those certain parcels shown and depicted for such rezonings on
the map which is attached to and made a part of this ordinance, and
which attached map is labeled Exhibit A, Case No. CZ 83-004".
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty 30) days after passage.
SECTION 3. POSTING. The City Clerk shall within 15 days
after 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 on this day of
1983, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ci)
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
*AZR'Y CITY MANAGER
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MEMORANDUM
CITY OF LA QUINTA
To: Honorable Mayor and Members of the City Council
From: Frank M. Usher, City Manager
Date: December 16, 1983
Subject: Retired Senior Volunteer Program
The City of Desert Hot Springs is proposing a change in past
procedure by submitting an interim Joint Powers Agreement for
the operation of the Retired Senior Volunteer Program. The
interim Agreement is proposed for the period from December, 1983,
to June, 1984, with the intention of bringing the funding cycle
into conformity with the City's fiscal year. Federal funding has
been committed through November, 1984.
Zuf ficient funds have been budgeted for participation in the
program, which will cost $509 during the 7-month period. Approval
of the Agreement is respectfully recommended.
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DZplc3tZ CLAIM AGAiNST
CITY CF LA QUINTA
Date I Z Z
TO: Risk Zanagement Division
City of La Quinta
P. 0. Box 1504
La Quinta, California 92253
619) 564-2246
Pursuant to the provisions ofSections 905 and 910 of the Government Code of the State of California,
demand is hereby made against the treasury of the City of La Quinta, County of Riverside, in the
amount of $ In support of said claim, the following information is submitted:
1. Name of claimant. ZZIeeZ5Z P2e/oZ/ ZpZ1'FF4' Z Last
Z Z ZZ-Y2Z3
2. Address of claimant: Z Z Zp Area Code aZd Telephone No.
3. Address to which claimant desires notice to be mailed If different from Item 2):
Street City Zip Area CoZ and TelZho,Ze No.
4. Name of legal owner of damaged property upon which claim is based:
First MZddZe I LasZ
5. Name of registered owner of damaged property or loss upon which claim is based:
First Middie Last
6. Name of injured party(s):
First Middle Lase
7. Date alleged damage occurred Z1 I Z
Month Dav Year
8. Place where alleged damage occurred Z Z Z L Z Z Z
Pro VZ& Street NornIer or Nearest Cross Streets
9. Time of day or night damage occurred: Z fl V' Cj CZ( Z Z
10. Public property and/or public officers or employees alleged to be at fault:
Z Z C Z CZ k) rZ4yi
11,. Name, address and telephone number of witnCssZs if possible
OZ-83SZ.2t6 Rev. 3/83
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12. Manner in which damages occurred and nature, extent and amount of injury or damage claimed,
together with basis of computation thereof Set out in detail as per NOTE, shown below). If possible,
please provide pictures and estimates of amount of toss to substantiate your claim.
Th
I
I
Z fi
C
& t'!Z IH Z / j
L Z I' 1<
Z
7,
Y
&Z
The undersigned, under penalty of perjury, states: That the above claim and the items as therein set out are
true and correct; that no part thereof has been heretofore paid, and that the amount therein is justly due
this claimant, and that the same is presented within 100 days after the last item thereof has accrued
Dated I L; Z
Z Z$a,mIa//
NOTE: In presenting any claim not founded upon contract, ful details as to the nature of the claim, the
time and place when and where it arose, the public property and officers or employees alleged to
be at fault, the nature. extent and amount of the injury or damage cIZimed, and all other details
necessary to a full consideration of the merit and legality of such claim shal? be staled in ZZrIting,
signed by the claimant or someone authorized by him. For further particulars regarding filing of
Claim, see Sections 900 et seq. of the Go"ernment Code of the State of California.)
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