1985 07 23 CC`(u AGENDA
CITY C*IL CITY OF LA QUD*
A regular tt*eting of the City
Council to be held at City Hall,
78-105 Calle Estado, La Quinta,
California.
July 23, 1985 7:30 p.m.
1. CALL To O*ER
A. Flag Salute
2. PnTT. C*TT.
3. PUBLIC CO*E**
This is the t* set aside for citizens to address the Council on matters relating
to City business it*ns which are N* listed on the Agenda). *hen addressing the
Council, please state your name and address. The proceedings of the Council *ting
are recorded on tape and c*m**ts of each person shall be l*inited to three minutes.
Persons wishing to address the City Council regarding an Agenda iten should use the
form provided. Please *nplete one form for each Agenda item you intend to address
and return the fonn to the Clerk prior to the beginning of the meeting. NaIE: Except
for hearings, ocments relative to items on the Agenda are lixnited to two minutes.
Your nar** will be called at the appropriate time.
4. WRiTTEN *13NICATI*S
A. *ication fr*n A. R. Cablay regarding resignation fr* the La OLlinta Traffic
safety C*rinittee.
B. *cunication fr*n Jixr*r* Riddell regarding cable television system service.
C. Cc*T[mnication fr* J. Connors and D. Becker, representing Citizens for La OLlinta
Cove, regarding oouncil 1L*L* O*t[flents.
5. * BY *UNCIL MEXBE*S
6. CCNSE* C*I*
A. Approval of the Minutes of a regular rreeting of the City Council held July 2,
1985.
B. PPOPOSED RESOLUTI*. A I*SOLUTI* OF THE CITY * OF THE CITY
OF LA QU]N*A, CMj*O*IA, APPI*VING DE*NDS.
7. HEARAAGS
A. Continued public hearing regarding appeal of a Notice of Public Nuisance,
*bert and Barbara Valdivia, Applicants.
1) Beport fr* the *cunity safety Coordinator.
2) Report fr* the Qxr**ty Developeent Director regarding parcel merger
policy.
3) *tion for adcption.
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`(uA*NDA City Council
July 23, 1985
Page TWo.
B. A public hearing regarding Development Agreement*t*nt No. 85-001, a reguest to
enter into a Development Agreement*nent pursuant to Government Code Section 65864
for the development project approved as Specific Plan No.84-004, The Grove
of La Quinta, Applicant.
1) Report fr*n the Planning *Commission.
2) Public ocoent.
3) Council discussion.
4) Ordinance for introduction.
8. BUSINESS SESSION
A. P*POSED O*IN*NCE. AN ORDINANCE*CE OF' THE CITY COUNCIL OF THE CITY
OF' LA QUIN'IA, CALIFO*IA, AME**DING THE LA QLJINT*
MUNICIPAL CODE, P*IBITING LITTERING OR DUMPING * PUBLIC OR PR*TE pPOPE*.
1) Ordinance for adoption. POLL CAll VOT*)
B. Continued discussion regarding a reguest frun Landmark Land C*r*any and Sunrise
Corporation relative to sw*swimming pool fencing.
1) Report fx'*n the C**ty Development Director.
2) *tion for adoption.
C. Report frcin the City Attorney regarding adoption of a proposed Ordinance
repealing auction regulations, correcting parade regulations and allowing golf
carts on public streets with certain restrictions.
1) Ordinance for introduction.
D. Report fr* the Connnity Safety Coordinator regarding establisit*t of a
date for Council presentation of an earthquakex*uake preparedness'* program.
1) *tion for adoption.
E. PPOPOSED RESOLUTION. A RESOLUTION OF THE CITY COUNCIL OF' THE
CITY OF' LA QUINTA, DECLARTNG ITS INTENTION
TO W**TE POR*IONS OF CALLE YUCATAN.
1) Resolution for adoption.
F. PPOPOSED OHD*NCE. AN ORDINANCE*CE CF THE CITY CWNCIL OF' THE CITY
OF LA QIJITA, CALIFO*IA, E*A*ISHINQ THE
* FOR ThDIVID* RESIDENTIAL REFUSE PICKUP AND DISPOSAL SE*ICE, AND ECECTING
TO HAVE *3ES PZXABL*: FOR SL*H S*VICES FOR THE OF' 1986 AND SUBSE*UUT
YEARS, COLLECTED ON THE TAX ROLL PURSUANT TO SECTION 5473 OF THE HEALTH AND
AND SAIATY CODE.
1) Ordinance for introduction.
G. PROPOSED RESOLUTION. A RESOLUTION OF' THE CITY COUNCIL OF' THE CITY
OF' LA QUINTA, CALIFORNIA, APPI*VI** AND
ADOPTING THE 1985 EDITION OF' *TATD SPECIFICATIONS FOR PUBLIC *
CONST**ION".
1) Resolution for adoption.
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`(u C
July 23, 1i9t8y Council
Page Three.
H. *port fr* the Cc*tmunity Development Director regarding the Avenue 50
Park Master Plan.
1) *tion for adoption.
I. Report f* the C*unity safety Coordinator and C*tinunity Development Director
regarding a contract for a one*half time Fire Marshal position.
1) *tion for adoption.
J. Report from the City Manager regarding award of bid relative to City Project
No. 85-005, aut*nated management information syst*n.
1) *tion for adoption.
K. Other.
9. *
3
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`(u Y* 51-200 Ave. Carranza
* LJ*a1Qyuinta9*8CA 92253
*[y * *
SUBJECT: Notice of Resignation
Gentlemen:
I have accepted a position with the City of La Mesa, in the San Diego area
effective Monday, July 22, 1985. My last day of employment with the City
of a* Desert will be Friday, July 12, 1985.
At this time I would like to express my sincere appreciation to both the
engineering and development communities for their professional support
and consideration that was extended to me durin* the past couple of years.
In an effort to assist in identifying the various engineering functions
that have been dispersed recently, I have outlined below typical' duties
and the public Works staff that will be performing them;
Single Family Development...............................Ron Ayala
Misc. Engineering records..............................
public Works counter assistance..........................91
Misc. Engineering maps, plans & prints..................Sondra Sullivan
91 99
Traffic Engineering data...............................
99
public Works counter assistance........................
Map & plan check for major land developments, pp's, CUp's,
PMW's & traffic engineering.............................Contract Engineering
Also, for your information the newly appointed Director of public Works/City
Engineer is Mr. Dick Folkers, P.E., and he will be starting Monday, July 15,
1985. He should also be assuming the land development administration duties
as needed. The former Director of public Works, Mr. Barry Mcclellan will be
retained to help with the transition.)
Again, my thanks for your cooperation and best wishes for your continued suc-
cess.
Sincerely,
C Engineer
cc. City Manager, City of Palm Desert
*A.
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`(u ThIs C*UNICATI* HAS BEEN TYPED *R OOUNCIL USE.
JIM* RIDDELI
Box 968
La Quinta, California 92253
July 3, 1985
Ccooon Council
City of La Quinta
Centl*ten:
I m not sure you're aware of the many cable outages suffered by subscribers in
the La Quinta area this system was out of service last Friday, Saturday,
Sunday, and again tonite. This is intolerable cable is not a nickel and
dime business as witness the prices being paid for cable Systems. These people
inust furnish better service or give up.
Janes Riddell
Box 968
La Quinta, CA 92253
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`(u June 27, 1985
City Council of IlaQuinta
City Hall
LaQuinta, Ca. 92253 CitV oi *
Gentlemen:
At the June 15th, 1985 City Council meeting it was boast-
fully acclaimed oxi the floor by Councilm*n Violff that No one
on the Council) ever went to bed *vith any of the developersTf,
attempting to &`ive credence to the fact that no gifts of any
kind were given or accepted by any Council member.
Upon investigation of Councilman Wolff#s Statement of
Economic Interests dated February 5, 19-85, he listed a gift
of Tennis Tournament tickets valued at *23O.OO given by Ernie
Vossler, Sei2ior Vice President of Landmark Development Co. in
February 1984. It is obviou he dircctly perjured hiniseif at
the aforementioned Council meeting announcing denial of any
gift *ot*vithstanding the ct he knowingly accepted ** gift
v*1'*ed 3t 230.00 from a developer.
Is it*A-*onic that every i*sue, r*lating to Landmark*, v*ted
on by CODcilTnan VJoltf) *as sL*ays ir. agreement **t11 every re-
a m*c*e * tY*is corn***v*
bi*ce Counci** *;*olff did accept *gratuities*tuities from t';*e
ij-?nd:is*k i)evelo)ment JO., his rigt *o vote on all issues
concernin* this developer bec*me a conflict of interest. Ao
sueTh*, you are re**ested to have a roll call vote at the nem*
Council meeting to have CO1*nci**an Wolff relinq*sh his office.
By not abiding with tbia recuest for Councilman Jolff to
step down, ou are condoning and v.Till be resoonsible for in-
subordinate and illegal actions amongst your members.
Your vmii;ten reply to t*is matter is ren*ested.
Yoyrs very truly,
CITI*EI'*?* P0* LAQ*II*TTA COVE
**Connors & D. Becker
P. 0. Box *8l
LaQuinta, Ca. 92253
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`(u MEMORANDUM
CITY OF LA QUINTA
To: City Manager Usher and the Honorable City Council
From: Roger Hirdler, Community Safety Coordinator
Date: July 23, 1985
Subject: CONTINUING PUBLIC HEARING REGARDING APPEAL OF A NOTICE OF PUBLIC NUISANCE,
ROBERT AND BARBARA VALDIVIA, APPLICANTS
Community Safety Department staff reinspected the Valdivia' S property at 54-360
Avenida Juarez on this date, July 23, 1985. Following are our findings:
The cement mixer has been removed.
The PVC pipe in question has not been removed but has been moved to the
rear of the house. Also, some of the reinforcing bar has been moved to
the rear of the house.
On the north side of the house there is a large amount of trash, old hose,
tires, conduit bender, scaffolding and lumber.
Staff recommends the removal of the following:
1. Trash, lumber, PVC pipe, old tires, garden hose, etc.
2. Large old storage cabinet lying on top of the railroad ties.
The temporary block wall should be stacked on pallets in an orderly manner. The
rocks on the public right-of-way should be removed as they apparently come from
the Valdivia's property.
Respectfully submitted,
Roger Hirdler
Community Safety Coordinator
RHibap
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`(u MEMORANDUM
CITY OF LA QUINTA
To: The Honorable Mayor and *ers of the City Co\:*cil
From: Planning C*Tiflission
Date: July 23, 1985
Subject: DEVELOPMENT*** AGREEMENT NO. 85-001
Location: Generally Between Avenues 48 and 50 & *Washington and Jefferson Streets
Applicant: The Grove of La Quinta
Request: Tb Enter Thto a Developeent Agreement Pursuant to Governrr*t Code
Section 65864 for the Developeent Project Approved as Specific Plan
No. 84-004.
On July 9, 1985, the Planning Cor:0:1ss ion conducted a public hearing on the proposed
development agreement and rec*ttr*nded approval of the agreement as rec*rim*ded by
Staff.
In addition to general background information on development agreements, the Planning
C*titlission's discussion on this matter focused on the following issues:
o Advantages received by the City if it is approved
o Clarification of zoning regulations to be frozen"
o * of agreement on prior Specific Plan conditions
o *thod of setting annual fee
It was the Planning Cc** 55 ion' 5 consensus to support the Staff r**dation.
Dave H**erton appeared representing The Grove and indicated their concurrence with
the recommendation.
* one else appeared on the matter.
PREPARED BY: * *
1
Lawrence L. Stevens, AICP
*r:unity Developeent Director
LLS:drw
7.*.
Atch: 1. O:*inance
2. Staff Report fr*n
P/C *ting of 7/9/85
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`(Gu MEMORANDUM
CITY OF LA QUINTA
To: The H*orable Mayor and *ers of the City Council
From: *o:nity Develo*inent Dir*
Date: July 23, 1985
Subject: S*I*4ING POOL *
Suggested i*tion purusant to discussion at Study Session:
I n*e to direct Staff to prepare an ordinance to ribdify L*
Sectian 8.06.040 as follows:
1) *tain *isting reguir**&its for single-family residences
2) *ify use of Title 24 requirements for public and s*ni-public
pools
3) Reguire fencing for private pools within walled projects, but
*O p*iib*t pool fencing along golf fairways while pro*Tiding for
* sideyard fencing and alternate barriers i.e., landscaping and
slope/grade differences) sjmilar to Title 24 Standards
OR
4) *clude private pools witiin walled ocirounities frc[n fencing
requirements
91
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`(Ru MEMORANDUM
CITY OF LA QUINTA
To: *r**rs of the City Council
From Ja::es Longtin, City Attorney
Date: June 24, 1985
Subject: Miscellaneous Clean Up Ordinance Auction Regulations Repealed; Correction
of Parade Regulations Street Definition; and Golf Carts on Public Streets)
The enclosed Ordinance is sui:*nitted as a clean up" Ordinance to correct two
current discrepancies in the Municipal Code and to add new regulations allowing
golf carts on public streets.
1. Auction regulations repealed.
The California Auction Ccr*ssion has advised alL cities of the existence of
Business and Professions Code, Section 5714(c), which places the entire
licensing and regulatory power over auctions and auctioneers in a State
C**ssion and preer:pts any local regulation thereof. Accordingly, Chapter
5.04 of the Municipal Code, setting forth regulations relative to auctions
and auctioneers, should be repealed.
2. Correction of parade regulations congested traffic area definition.
The present Section 11.24.030 contains a definition of congested traffic
areas" relative to parade regulations. The definition sets forth the con-
gested traffic area for Cathedral City and not La Ouinta. Section 2 of the
Ordinance corrects this discrepancy.
3. Golf carts on local streets adjacent to golf courses.
Cities are now authorized to allow the operation of golf carts on designated
streets under its jurisdiction located adjacent to a golf course and between
the golf course and the place where golf carts are parked or stored, or in
areas bounded by a real estate development offering golf facilities. Section 3
of the Ordinance provides for the operation of golf carts on streets adjacent
to golf courses, with certain restrictions.
Respe lly submitted,
ty Attorney
*
JL/lw *c.
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`(Su Cc.
ORDINANCE NO.85- L)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING THE MUNICIPAL
CODE RELATIVE TO REPEAL OF AUCTION REGULATIONS,
CORRECTION OF PARADE REGULATIONS DEFINITIONS,
AND PROVIDING FOR OPERATION OF GOLF CARTS ON
CERTAIN CITY STREETS.
The City Council of the City of La Quinta Does ordain as follows:
SECTION 1. Section 5.04 Auctions and Auctioneers) consisting of
Sections 5.04.010-5.04.220 is hereby repealed.
SECTION 2. Section 11.24.030 is herebyamendedto read as follows:
11.24.030 Definitions. A. Congested Traffic Areas. As used
in this chapter, congested traffic areas't include Highway 111,
Washington Street, and Eisenhower Street, since these streets at
the present time are the main arterial streets leading into and out
of the city and present the gravest traffic congestion problems.
B. Parade. As used in this chapter, parade" means and
includes any march, procession or assembly consisting of persons,
animals or vehicles, or a combination thereof, upon any public
street, sidewalk, alley or other public right-of-way, which does
not comply with normal and usual traffic regulations or controls.
SECTION 3. Section 12.72 is added to Title 12 to read as follows:
Chapter 12.72
GOLF CARTS
12.72.010 Golf carts permitted on certain city streets. The
operation of golf carts, combined with other vehicular traffic, is
hereby permitted on those portions of city streets located adjacent
to a golf course and between the golf course and the place where
golf carts are parked or stored or within or bounded by a real
estate development offering golf facilities; provided however, that
no such portion of highway permitting golf cart operation and use
shall be beyond a distance of more than one mile from the golf
course if such street is not located within or bounded by a real
estate development offering golf facilities; provided further, that
the operation of golf carts is totally prohibited on Washington and
Eisenhower Streets and Avenues 50 and 52. The speed limit for opera-
tion of a golf cart on said portions of city streets shall be limited
to 25 MPH; provided further, that if such golf carts are operated
during darkness, the golf carts shall be subject to the provisions
of Vehicle Code 24001.5 regarding equipment.
A real estate development offering golf facilities" for purposes
of this section, means an area of single-family or multiple-family
residences, with a security gate, the owners or occupants of which
are eligible for membership in, or the use of, one or more golf
courses within such development by virtue of their ownership or
occupancy of a residential dwelling unit in such development.
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`(_u MEMORANDUM
CITV OF LA QUINTA
To: City Manager Usher and the Honorable City Council
From: Roger Hirdler, Community Safety Coordinator
Date: July 1, 1985
Subject: EARTHQUAKE PREPAREDNESS PRESENTATION
Staff has received a letter from Chief Ray Hebrard dated June 24, 1985 relative
to earthquake preparedness.
The letter advised that Jeri L. Hartman, Operations Officer for the Emergency
Services Division of the County Fire Department, would like to put on a presentation
to explain their role and the tools that they are developing to help prepare the
County in the event of a major earthquake. They are requesting 20 to 30 minutes
of a regular Council session, sometime between now and September 1, 1985, for the
presentation. This will include a question and answer period.
If a date could be agreed upon, I would be happy to set it up with the Office of
Emergency Services.
Respectfully submitted,
00 /
*
Roger Hirdler *
Community Safety Coordinator
RHibap
*
* *
7$
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`(fu MEMORANDUM
F:
CITY OF LA QUINTA
To: Honorable Mayor and M**ers of the City Council
From Ann Jennings, Administrative Services Coordinator
Date: July 19, 1985
Subject: Proposed Ordinance Establishing Refuse Collection Pates
*GPOUND
In July, 1984, the City Council adopted Ordinance No. 58, which established a
residential refuse collection fee of $5.50 per month, with a $0.35 per imnth
d*p fee surcharge. This rate represented a reduction of 8% below previously
set residential collection fees of $6.00 per *nth, with $0.35 dump fee surcharges.
The rate reduction was the result of the City's agreement to place charges for
residential refuse collection fees on the property tax roll, effective July 1,
1984. Under the agre*nent with Palm Desert Disposal, no increases in residen-
tial refuse collection rates would be proposed for 18 months.
We were recently notified k* Palm Desert Disposal that they are proposing a
residential refuse collection fee increase of 2.6% $0.15 per month), effective
January 1, 1986. The requested increase would result in an increase to the
current annual refuse collection charge of $0.90, or $71.10 for FY 1985-86. No
increase in the d* fee surcharge of $0.35 per month is proposed.
In addition to the proposed increase for residential refuse collection fees,
Palm Desert Disposal is proposing an increase of 2.6% in the roll-off service
rate see attached acr:r:OOication fran Palm Desert Disposal), and dump surcharge
fees for roll-offs based on actual landfill fee usage, plus normal administra-
tive costs. This is the only *mercial increase in fees being requested, and
would seem to be a fair and equitable increase based on services provided.
Staff is requesting introduction of the proposed Ordinance as a precedent to
a public hearing the Council will conduct on August 6, 1985, at which time
they will consider the report for plac*nent of residential refuse collection
fees on the property tax roll for 1985-1986. Introduction of the proposed
Ordinance does not constitute a final dete**nination as to the rate. That final
determination will be made following conduct of the public hearing on August 6th.
The City Attorney will prepare the proposed Ordinance for Council discussion and
presentation on *nday, July 22, 1985.
Respectfully submitted,
AnnJennin*
aj Administrative Services Coordinator
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`(mu RESOLUTION NO. 85-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING AND
ADOPTING THE 1985 EDITION OF *STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION."
WHEREAS, the City Engineer has recommended that the latest
edition of Standard Specifications for Public Works Construction"
be approved and adopted to be applicable to all public works con-
struction within the city.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of La Quinta that there is hereby APPROVED and ADOPTED the
1985 edition of Standard Specifications for Public Works Construc-
tion" prepared and promulgated by the Southern California chapters
of the American Public Works Association and the Associated General
Contractors of California, a copy of which is, and shall remain on
file with the City Clerk. The said 1,985 edition of said standard
specifications shall be applicable to all public works construction
undertaken after the date of adoption of this Resolution.
APPROVED and ADOPTED this day of 1985, by the
following vote:
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY MANAGER
3. G.
i)
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`(nu MEMORANDUM
CITY OF LA QUINTA
To: The *norable Mayor and *ters of the City CoUncil
From: C**ity Develo*rrent Director
Date July 23, 1985
Subject AVENUE 50 PARK D*S*ER PLAN
Dave *ton of Rohert * Hart, representing the Grave, has reaffirmed their
offer to assist in the preaaration of a Master Plan for the park. It is estimated
that develc*:*rent of a Master Plan will take approximately 60-90 days. This will
include a sch*natic site plan and design and construction estimates. Due to the
Fall constrrction planned for the school and the shared access arrang*t*t, this
should be begun as soon as possible.
Th rr* discussions with Dave, it * desirable that a small group i.e., five or
six) be formed to assist in the devel*rent of the Master Plan. It is re*uested
that the Council establish such a group. Possible rr**moers could include representa-
tives of the City Council, the Planning *rrission, the Desert Sands School District,
the Coachella Valley Recreation and Park District, B Quinta Sports and Youth, the
c*t[r**ty Servioes *omission, and City Staff.
*
*o
* *
7
S. * I/C
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`(ou MEMORANDUM
CITY OF LA QUINTA
To: City Manager Usher and the Honorable City Council
From: Community Safety Coordinator; Community Development Director
Date: July 9, 1985
Subject: CONTRACT FOR HALF TIME FIRE MARSHAL
The attached contract will provide the City of La Quinta with 20 hours per week
of fire marshal services. Fire marshal services include the enforcement of State
laws and regulations, applicable County ordinances and municipal fire ordinances
of the City.
This contract must be renewed with the County by December 31st next preceding
the expiration date of this agreement. The County must notify the City of its
acceptance of said renewal by the last day of January.
To cancel this agreement with Cathedral City, we must give 30 days prior notice.
To cancel with the County, 90 days notice must be given, prior to July 1st of the
year of cancellation.
Staff recommends adoption of this contract for the fire marshal position.
Respectfully submitted,
Roger Hirdler
Co*nitySaf* Coordinator
*
Community Development Director
RH: LS:bap
*
I'
I,,
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`(pu AGREEMENT FOR FIRE PROTECTION SERVICES
BETWEEN COUNTY OF RIVERSIDE AND
THE CITY OF LA QUINTA
This AGREEMENT, made and entered into on July 1, 1985, between
the COUNTY OF RIVERSIDE and the City of La Quinta,
WITNESSETH:
WHEREAS, tbe City desires to contract with the County for the
performance of City's responsibility for functions within the City's
boundaries by the County of Riverside through the Fire Chief/Warden thereof;
and
WHEREAS, the County is agreeable to rendering such services on
the terms and conditions hereinafter set forth; now, therefore,
IT IS AGREED as follows:
1. The County agrees, through the Fire Chief/Warden thereof, to
provide municipal fire marshal services within the corporate limits of the
City to the extent and in the manner hereinafter set forth.
2. The minimum level of service to be provided shall be that
customarily performed by an independent municipal fire department of the
size and during the hours provided in this agreement 50% basis).
Such services shall include the enforcement of State laws and regula-
tions, applicable County Ordinances, and municipal fire ordinances of the City.
3. The rendition of such services, the standards of performance, the
discipline of officers, and other matters incident to the performance of such
services and the control of personnel so employed, shall remain in the County.
4. County shall have the right to perform the services hereunder
by use of qualified personnel employed by the State but under contract to County.
5. For the purpose of performing said function, County shall
furnish and supply all necessary labor, supervision, equipment, communication
facilities, and supplies necessary to maintain the level of services to be
rendered hereunder.
When and if all parties hereto concur as to the necessity of main-
taining an office within said City which would not normally be provided
by the Fire Warden, the City shall furnish at its own cost and expense all
necessary office space, furniture and furnishings, office supplies, janitor
service, telephone, light, water and other utilities. It is expressly under-
stood that in the event such local office is maintained in said City, such
quarters may be used by the Fire Chief/Warden in connection with the performance
of his like duties in territory outside of said City and adjacent thereto,
provided that the performance of such outside duties shall not be at any additional
cost to the City.
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`(uu a &
MEMORANDUM
CITY OF LA QUINTA
CONFIDENTIAL)
To: Honorable Mayor and M*bers of the City Council
From: Jarr*s Longtin, City Attorney
Date: July 25, 1985
Subject: Closed Session of July 23, 1985 Pending Litigation).
Peasons and Legal Authority
This *randum is provided to you as required by California Open *ting Law.
The closed session held on July 23, 1985, is authorized by Goverenent Code
Section 54956.9 b). It is and was for the puppose of deciding whether the
City presently faces a significant epposure to litigation due to the circurr*
stances described below; and if the Council decides there is such significant
exposure, to duscuss those circumstances.
On July 22, 1985, the City was made aware of a recently filed lawsuit in
Riverside County Superior Court, Case No. indio 44315, entitled City of
Coachella, the Coachella valley Water District and Landmark Land Coaa*y.
Among other things, the litigation attacks the proposal by the Water District
to exp**d the La Ouinta Waste Peclamation Plant located within the City. One
it*thod of attack is that the expansion may not c*tply with the City' 5 General
Plan and zoning requir*nts. The City Attorney and City Manager provided an
evaluation of the City's position in this matter, including that the nay be
named as a potential Doe defendant. Also discussed were the legal strengths
and weaknesses of the lawsuit and the potential tactics in the event the City
is or is not named as a party. Discussion of such matters in public session
would prejudice the City's position in this matter. Based on the foregoing,
it was and is the City Attorney' 5 recatit*ndation that the matter be discussed
in closed session.
This n*ir*randum shall be exenpt from pub disclosure pursu Goverenent
Code Section 6254.1.
Jan*s Longtjn
City Attorney
JL/aj
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