1989 11 21 CCd_iI
2
CZoFZZ CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBERS
78-105 Calle Estado
La Quinta, California 92253
Regular Meeting
November 21, 1989 7:30 P.M.
CALL TO ORDER Beginning Res. No. 89-129
Ord. No. 157
a. Pledge of Allegiance
b. Roll Call
CONFIRMATION OF AGENDA Z
ANNOUNCEMENTS
PUBLIC HEARINGS
1. Public Hearing on Specific Plan 121-E, Amendment No. 2 and Plot
Plan 89-421 to Allow Elimination of Tennis Courts and Small
Structure and Construction of 77 Additional Hotel Units in a
Two-Story Structure at La Quinta Hotel Application by Landmark
Land Co.
a) Resolution Action.
WRITTEN COMMUNICATIONS
a. Letter from Tom Pina resigning from Community Services Commission.
b. Letter from City of Signal Hill regarding earthquake assistance
to cities in Northern California.
BUSINESS SESSION
1. Consideration of Amendment to Municipal Code Regarding Earthquake
Hazard Reductions.
a) 1. Motion to take up Ordinance No. 157 by title and number
only and waive full reading.
2. Motion to introduce Ordinance No. 157.
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d_i2. Consideration of Amendment to Municipal Code Regarding Design
Review Board Membership.
a) 1. Motion to take up Ordinance No. 158 by title and number
only and waive full reading.
2. Motion to introduce Ordinance No. 158.
3. Approval of Contract with Gruen Assoc. for Architectural Design of
Civic Center.
a) Minute Order Action.
4. Consideration of Participation with College of the Desert and
Other Agencies in an Economic Development Study of the Coachella
Valley.
a) Minute Order Action.
5. Second Reading of Ordinance No. 156 re: Trash Enclosures
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CONSENT CALENDAR
1. Approval of Demand Register.
2. Approval of Minutes of November 7, 1989.
3. Adoption of Resolution Temporarily Closing Avenue 52 Between
Washington and Jefferson From 7:30-10:30 on December 3, 1989 for
Chamber of Commerce's 10-K Run.
4. Declaration of 1951 Rea Water Truck as Surplus Property.
5. Authorization to Call for Bids for an Additional Vehicle for the
Public Works Street Division.
6. Approval of Final Tract Map 24889 Landmark Land Co.
7. Approval of Parcel Map No. 24837 Landmark Land Co.
8. Approval of Parcel Map No. 22596 Shovlin/Fletch
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COUNCIL COMMENT
PUBLIC COMMENT
CLOSED SESSION
a. Discussion of Litigation
City of Indio/Indio Case No. 57496
b. Discussion of Personnel.
ADJOURNMENT
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d_i STUDY SESSION AGENDA
Monday, November 20, 1989 3:00 P.M.
NOTE: Action may be taken on any of the following items during the
regularly scheduled Council Meeting of Tuesday, November 21, 1989.
1. Joint Meeting Between the City Council and Board of Coachella
Valley Recreation and Park District.
2. Review of Council Agenda of November 21, 1989.
DEPARTMENTAL REPORTS
a. City Manager
b. Assistant City Manager
C. Administrative Services Director
d. Community Safety Director
e. Planning Director
f. Public Works Director
REPORTS AND INFORMATIONAL ITEMS
a. Planning Commission Minutes of October 24, 1989.
b. Environmental Conservation Committee Minutes of November 1, 1989.
C. C. V. Recreation and Park District
d. Sunline Transit Agency
e. CVAG Committee Reports
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d_i NOTICE OF UPCOMING MEETINGS AND EVENTS
November 20, 1989 CC Study Session 3:00 P.M.
November 21, 1989 CC Regular Meeting 7:30 P.M.
November 23 & 24 CITY OFFICES CLOSED THANKSGIVING
November 25 & 26 SKINS GAME
November 27, 1989 PC Study Session 4:00 P.M.
November 27, 1989 CSC Regular Meeting 7:00 P.M.
November 28, 1989 PC Regular Meeting 7:00 P.M.
December 4, 1989 CC Study Session 3:00 P.M.
December 5, 1989 CC Regular Meeting 7:30 P.M.
December 7, 1989 MAYOR'S BREAKFAST 7:00 A.M.
December 13, 1989 PC Study Session 4:00 P.M.
December 14, 1989 PC Regular Meeting 7:00 P.M.
CC City Council
PC Planning Commission
CSC Community Services Commission
DECLARATION OF POSTING
I, Saundra L. Juhola, City Clerk of the City of La Quinta do hereby
declare that the foregoing agenda for the City Council meeting of
November 21, 1989 was posted on the outside entry to the Council
Chamber, 78-105 Calle Estado and on the bulletin board at the La
Quinta Post Office on Friday, November 17, 1989.
Datid: November 89.
Z
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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d_i CITY COUNCIL
ADDENDUM TO AGENDA
TUESDAY, NOVEMBER 21, 1989 7:30 P.M.
BUSINESS SESSION
1. Consideration of Authorization for the Planning and
Development to Enter Into a Consultant Contract with the Low
Bidder, J. F. Davidson Assoc., in an Amount not to Exceed
$9,000 Regarding Annexation No. 5.
a) Minute Order Action.
CONSENT ITEM
1. Approval from La Quinta Hotel for Approval of a Zpecial
Advertising Device Searchlights) for Christmas Tree Lighting
Ceremony & winter Wonderland Carnival on December 5, 1989.
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby declare that the foregoing agenda for the
City Council meeting of November 21, 1989 was posted on the
outside entry to the Council, 78-105 Calle Estado and on the
bulletin board at the La Quinta Post Office on Friday, November
17, 1989.
DATED: November 17, 1989
DL
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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d_i Z.q of La Quinta
Z zv bZ Z989
CITY OF SIGNAL HILL
2175 Cherry Avenue Signol HiIZ, Cojifornia 90806 213)426-7333 FAX 213) 427Z3276
October 31, 1989
City Manager
City of La Quinta
73-105 Calle Estado
La Quinta, CA 92253
l)ear Mr. Kiedrowski:
This letter is being written to encourage your City Council to consider
some type of assistance to our sister cities in NZorthern California who
were devastated by the recent earthquake. The cities in Calif ornia have a
long and rich history of working together and helping each other. I
believe that our cities should eZend our helping hands to give assistance,
especially to the smaller cities who suffered severe damage but have been
somewhat ignored.
On October 23, our City Council sent $2,500 each to the cities of Los
Gatos, Hollister, Watsonville and Santa Cruz. All of these cities sustained
widespread damage, especially to their economic base. It will take some
time before they can recover and there is a great need for immediate
economic assistance. I also believe that it will provide these cities with a
much needed psychological boost by our demonstrating our concern and
compassion through a direct donation.
I don't have to remind you that all of our cities live with the threat of
The Big One.11 Someday it might be our cities that need assistance. I
hope you will consider helping our neighbors.
Sincerely,
Gerard Goedhart
Mayor
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COUNCIL MEETING DATE: NOVEMBER 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING: I
PUBLIC HEARING ON SPECIFIC PLAN NO. BUSINESS SESSION:
121-E, AMENDMENT NO. 2 AND PLOT PLAN
NO. 89-421 TO ALLOW ELIMINATION OF CONSENT CALENDAR:
TENNIS COURTS AND SMALL STRUCTURE AND
CONSTRUCTION OF 77 ADDITIONAL HOTEL STUDY SESSION:
UNITS IN A TWO-STORY STRUCTURE AT THE
LA QUINTA HOTEL.
APPLICANT: LANDMARK LAND COMPANY
BACKGROUND:
This item was reviewed by the Planning Commission at their meetings
of October 10th and 24th1 1989. At the first hearing, after
extensive discussion between the Applicant, audience and Commission,
the Planning Commission continued the hearing. It was suggested that
the Applicant meet with the surrounding Santa Rosa Cove homeowners
and try to resolve their differences. At the October 24th, continued
hearing, the Planning Commission approved the request for 77 hotel
units, subject to revised conditions.
FISCAL IMPLICATIONS:
None
APPROVED BY:
RECOMMENDATION:
Move to adopt City Council Resolution No. 89- approving Specific
Plan 121-E, Amendment No. 2 and by minute motion, accept report of
Planning Commission action on Plot Plan No. 89-421.
Submitted by: Approved for submission to
City Council:
atu e RON KIEDROWSKI, CITY MANAGER
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d_i MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PLANNING & DEVELOPMENT DEPARTMENT
DATE: NOVEMBER 21, 1989
SUBJECT: PUBLIC HEARING ON SPECIFIC PLAN NO. 121-E1
AMENDMENT NO. 2, AND PLOT PLAN NO. 89-421 TO ALLOW
ELIMINATION OF TENNIS COURTS AND SMALL STRUCTURE
AND CONSTRUCTION OF 77 ADDITIONAL HOTEL UNITS IN A
TWO-STORY STRUCTURE AT THE LA QUINTA HOTEL.
APPLICANT: LANDMARK LAND COMPANY
BACKGROUND:
The 1.7 acre site is in the R-3 zone within the La Quinta Hotel
area on the west side of Avenida Obregon, approximately midway
between Avenida Fernando and Calle Mazatlan. The site is
bordered on the north and west by the Tennis Club and
construction would require the removal of a small club building
and old championship court, and relocation of several tennis
courts.
In addition to the 77 rooms proposed in the two-story
structure, a small mechanical room addition for the rooms) to
the adjacent maintenance building to the south, and 44 parking
spaces adjacent to Avenida Obregon are proposed by the
Applicant.
The hotel structure would be rectangular in shape with a large
central courtyard reminiscent of a Spanish hacienda. The
courtyard would have a pool, spa and sunning area. The typical
guest room would be 495 square feet with one two room suite
with 990 square feet. All units would have a balcony or
patio. Materials for the Spanish style building would match
the 1989-90 hotel expansion.
PLANNING COMMISSION ACTION:
The Planning Commission reviewed this item at their meeting of
October 10, 1989. At that time a number of Santa Rosa Cove
residents and their homeowners association representative spoke
in opposition due to various concerns regarding parking,
traffic, security, density, drainage and emergency access.
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d_iAfter extensive discussion, the Commission continued the item to
October 24th, and suggested that the parties involved meet and
try to resolve their differences.
At the October 24th continued hearing it was noted that the
Applicant and homeowners had met but came to no resolution. At
the continued hearing, the main item of discussion pertained to
the relocation of the Avenida Fernando gate arm from the east
side to the west side of Avenida Obregon and installation of a
new emergency only" vehicular gate across Avenida Obregon near
the southern boundary of the hotel area. The homeowners felt
this would reduce their concerns about traffic circulation and
safety.
The Commission on a unanimous 4-0) vote with Chairman walling
absent), adopted Planning Commission Resolution No. 89-064
amending Specific Plan No. 121-E, Amendment No. 2, to allow an
additional 77 hotel rooms, and by minute motion approved Plot
Plan No. 89-421 subject to amended conditions, including
provisions for a relocated and new vehicular gates as
recommended by Staff.
CITY COUNCIL ACTION:
Move to adopt City Council Resolution No. 89- approving
Specific Plan NO. 121-E, Amendment No. 2 and by minute motion
accept report of the Planning Commission action on Plot Plan
No. 89-421.
Attachments:
1. City Council Resolution approving Specific Plan 121-E,
Amendment Z2
2. Conditions of Approval for PP Z89-42l
3. Planning Commission minutes for October 10th & 24th, 1989
4. Planning Commission report for October 24, 1989
5. Correspondence received since October 24, 1989 hearing
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d_i CITY COUNCIL RESOLUTION NO. 89-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA APPROVING
AMENDMENT NO. 2 TO SPECIFIC PLAN NO.
121-E, REVISED
CASE SP 121-E, AMENDMENT NO. 2 LANDMARK LAND COMPANY
WHEREAS, the City Council of the City of La Quinta
did adopt Specific Plan No. 121-E, Revised, as set forth in City
Council Resolution No. 82-54, on October 5, 1982, and;
WHEREAS, the City Council of the City of La Quinta
did, on the 21st day of November, 1989, hold a duly-noticed
Public Hearing to consider the request of Landmark Land Company,
Inc. to amend the aforementioned Specific Plan to allow
additional hotel units, more particularly described as follows;
A PORTION OF THE EAST HALF OF THE
SOUTHWEST ONE QUARTER OF SECTION 36
T55, R6E, SBBM, AND;
WHEREAS, said Specific Plan Amendment has complied
with the requirements of The Rules to Implement the California
Environmental Quality Act of 1970" County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director
conducted an initial study, and has determined that the
proposed Specific Plan Amendment will not have a significant
adverse impact on the environment; and
WHEREAS, the Planning Commission of the City of La
Quinta at a duly-noticed continued public hearing on October
24, 1989, did adopt Planning Commission Resolution No. 89-064,
recommending approval of Specific Plan No. 121-E, Amendment #2;
and,
WHEREAS, at said Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said City Council did
find the following facts and reasons to justify the approval of
the Specific Plan Amendment:
1. That Specific Plan No. 121-E, Amended No. 2, as
conditionally approved, is consistent with the goals,
policies, and intent of the La Quinta General Plan and
revised Specific Plan No. 121-E.
2. The proposed Amendment is necessary to allow for the
orderly development of proposed revised Specific Plan No.
121-E.
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d_iXCOUNCIL MEETING DATE: NOVEMBER 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING:
EARTHQUAKE HAZARD REDUCTION ORDINANCE BUSINESS SESSION: I
CONSENT CALENDAR:
STUDY SESSION:
BACKGROUND:
The purpose of this Ordinance is to promote public safety and welfare
by reducing the risk of death or injury that may result from the
effects of earthquakes on unreinforced masonry bearing wall buildings
constructed prior to the adoption of earthquake design requirements.
Such buildings have been widely recognized for sustaining
life-hazardous damage, including' partial or complete collapse during
moderate to strong earthquakes.
The provisions of this Ordinance are intended as minimum standards
for structural seismic resistance established primarily to reduce the
risk of life loss or injury. Compliance with these standards will
not necessarily prevent loss of life or injury or prevent earthquake
damage to rehabilitated buildings. This Ordinance does not require
alternation of existing electrical, plumbing, mechanical or fire
safety Systems unless they constitute a hazard to life or property.
FISCAL IMPLICATIONS:
None
APPROVED BY:
RECOMMENDATION:
Waive further reading and move to introduce City Ordinance No.
adding Chapter 8.12 to the La Quinta Municipal Code.
Submitted by: Approved for submission to
City Council:
I,, I
natuZ RON KIEDROWSKI, CITY MANAGER
Z Z<
BJ/CCZl1/O7 Fl
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d_iY z
MEMORANDUM
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PLANNING & DEVELOPMENT DEPARTMENT
DATE: NOVEMBER 21, 1989
SUBJECT: EARTHQUAKE HAZARD REDUCTION ORDINANCE
The State of California has mandated that all jurisdictions
located within seismic zone 4 of which La Quinta is a part) do
the following by January 1, 1990:
1. Identify all unreinforced masonry buildings URM
buildings) that are potentially hazardous, which pose a
threat to the public safety in the event of an earthquake.
2. Develop and implement a mitigation program to reduce the
hazard.
3. Submit information on the potentially hazardous buildings
and the hazard mitigation program to the State of
California Seismic Safety Commission.
The first item has been completed. The buildings that have
been identified as potentially hazardous are:
1. The La Quinta Hotel three buildings)
2. The La Quinta Cafe
3. The Coachella Valley Realty Building across from the park
4. The two-story office building across from the park
77-895 Avenida Montezuma)
The owners have been given preliminary notification that the
buildings are potentially hazardous and the City is in the
process of adopting a mitigation program.
MR/MEMOCC.078 1-
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d_iZItem No. 2, to implement a mitigation program, is the purpose
of this proposed Ordinance. The draft has been patterned after
a model ordinance proposed by the California Seismic Safety
Commission. Building Officials from other jurisdictions, have
indicated that they are adopting this model ordinance with few,
if any, modifications. Adopting similar criteria for
La Quinta1s hazard mitigation program will be beneficial to
both the owners and the City from a design and enforcement
viewpoint.
The Council has discretion to the stated time limits as
outlined in Section 8.12.050 and Tables 8.12 B and 8.12 C which
will not affect the structural criteria presented in the
Ordinance.
MR/MEMOCC.078 2-
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d_itCOUNCIL MEETING DATE: NOVEMBER 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING:
AMENDMENT TO SECTION 9.183.040(D) BUSINESS SESSION:
DESIGN REVIEW BOARD REGARDING
MEMBERSHIP MAKEUP. CONSENT CALENDAR:
STUDY SESSION:
BACKGROUND:
On November 7, 1989, the Council appointed members to the Design
Review Board subject to reviewing the membership makeup for the
Board. The attached Ordinance reduces the minimum membership
requirement from two to one for architects and from two to one for
landscape architects, engineers, or professionals in commercial art
or graphic design.
FISCAL IMPLICATIONS:
None
APPROVED BY:
RECOMMENDATION:
Waive further reading and move to introduce City Council Ordinance No.
amending Section 9.183.040(D) of the La Quinta Municipal Code regarding
membership requirements for the Design Review Board.
Submitted by: Approved for submission to
City Council:
natur RON KIEDROWSKI, CITY MANAGER
BJ/CCZ1l/21.F2
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d_iu CITY COUNCIL ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA
AMENDING SECTION 9.183.040(D) DESIGN
REVIEW BOARD OF TITLE 9 OF THE
MUNICIPAL CODE.
THE City Council of the City of La Quinta does
ordain as follows;
SECTION 1. SECTION 9.183.040(D) of Title 9 of the
Municipal Code is hereby amended to read as follows:
Z`D. Membership of the Design Review Board shall consist
of seven members having the following
qualifications:
1. A minimum of one, up to a maximum of four,
members shall be architects;
2. A minimum of one, up to a maximum of four,
members shall be either landscape architects,
engineers, or professionals in commercial art
or graphic design; and
3. One member shall be a member of the Planning
Commission, assigned to serve on but not
chair) the Design Review Board for a one-year
period rotating among the Planning
Commission members). The assigned Planning
Commissioner may designate an alternate
Commissioner to attend a particular meeting
in the Commissioner's absence.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be
in full force and effective thirty 30) days after its adoption.
SECTION 3. POSTING. The City Clerk shall, within
15 days after passage of this Ordinance, cause it to be posted
in at least the three 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 it's 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 the 21st day of November,
1989, by the following vote:
BJ/ORDDRFT.015 1
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d_iv AYES:
NOES:
ABSENT:
ABSTAIN:
JOHN J. PENA, Mayor
City of La Quinta, California
ATTEST:
SAUNDRA JUHOLA, City Clerk
City of La Quinta
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
DAWN HONEYWELL, City Attorney RON KIEDROWSKI, City Manager
City of La Quinta City of La Quinta
BJ/ORDDRFT.015 2
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d_iwCOUNCIL MEETING DATE: Z 21, 19Z AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING:
AUTHORIZATION TO PARTICIPATE WITH COLLEGE BUSINESS SESSION:
OF THE DESERT AND OTHER AGENCIES IIZ AN
ECONOMIC DEVELOPMENT STUDY OF THE COACHELLA CONSENT CALENDAR:
VALLEY.
STUDY SESSIONZZ
BACKGROUND:
A request has been received to participate with CVAG and other
agencies in an Economic Development study of the Coachella Valley.
Ey sharing the costs of this study, La Quinta's share will be
$1,603. College of the Desert will be lead agency for this study,
and will be assisted by The Resource Group, a Riverside County
based market research and applied survev firm.
FISCAL IMPLICATIONS: APPROVED BY:
Z1,603 fromaccount 4110-11A-010
RECOMMENDATION:
That the City Council authorize narticipation with College of the
Desert and other agencies in an Economic Development Study of the
Coachella Valley.
Submitted by: Approved for submission to
City Council:
Z /ZLZ
Signature RON KIEDROWSKI, CITY MANAGER
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d_ixOVAG
COACHELLA VALLEY AS9OCIATION of GOVERNMENTS
* County of Riverside & Cities of.-
* Coactiella * Desert Hot Sitrings * Indian VVetIs
* Indic * Palm Oesert * Palm SZringS * Rancho Mirage
* Cathedral City * La Ouinta
November 8, 1989
TO: CITY MANAGERS
CITY CLERKS
FROM: LESTER D. CLEVELAND, EXECUTIVE DIRECTOR
RE: EXECUTIVE COMMITTEE ACTION TO PARTICIPATE WITH COLLEGE OF
THE DESERT AND OTHER AGENCIES IN AN ECONOMIC DEVELOPMENT
STUDY OF THE COACHELLA VALLEY.
CVAG's Executive Committee voted unanimously at its meeting on
October 31, 1989 to participate with College of the Desert and
other agencies in an Economic Development Study. Riverside
County is already participating through some of its departments,
so the $25,000 cost to participate will be spread between the
cities using CVAG's assessment formula of 50% based on assessed
valuation and 50% on population.
The results of the study will be made available Z j-urisdiction.
Here is an opportunity for all of us to get valuable information
at a fraction of what it would cost any one of us to do it by
ourselves. The $25,000 is the extra cost incurred by College of
the Desert to enlarge the sample to the size needed to get
reliable information by jurisdiction.
We assume all of CVAG's cities will participate in this study.
Based on that assumption, CVAG's assessment formula yields the
following costs for each city:
Cathedral City $ 3,206
Coachella 1,293
Desert Hot Springs 1,115
Indian Wells 1,397
Indio 3,434
La Quinta 1,603
Palm Desert 3,950
Palm Springs 6,370
Rancho Mirage 2.632
Total $ 25,000
74133 El Pasea. Suite 4. Palm Desert. CaIiZ 92260* 619) 345.1127 FAX(619)340-5949
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d_iyCOACZELLA VALLEY ASSOCIATION of GOVERNMENTS
Please bring this before your City Council as soon as possible
for action determining whether or not your city will participate
in funding this study. Staff will be available to appear before
your council at your request.
LDC/kk
attachment
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d_i BUSINESS SESSION ITEM NO. Z
ORDINANCE NO. 156
AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA
AMENDING SECTION 6.04.060
AND ADDING SECTION 6.04.065 OF CHAPTER 6.04,
REFUSE DISPOSAL, TO THE LA QUINTA MUNICIPAL CODE.
The City Council of the City of La Quinta, California, does
hereby ordain as follows:
Section 1. That Section 6.04.060 of Chapter 6.04 be
amended to read as follows:
6.04.060. Container Specifications.
A. Any person who owns or occupies a single family
dwelling or two-family dwelling shall deposit all refuse to be
collected in a container as described herein or as approved by
the City of La Quinta. Such container shall be metal or
plastic, watertight, equipped with a tight fitting lid, have
tapered sides and two handles or bales. The container shall
not exceed thirty-three 33) gallons when empty and shall not
exceed fifty-five 55) pounds gross weight when filled.
Plastic bags specificaLly designed for refuse disposal thirty
30) to thirty-three 33) gallon capacity] may be used instead
of the standard container described herein. Use of any
container not specifically designed for refuse disposal is
prohibited.
Trash containers commonly known as dumpsters" three 3)
yard bin with a hinged lid] and roll-off containers twenty
20) to thirty 30) yard bin without a lid] shall not be
located at a single family or two-family dwelling or within the
R-l and S-R Zones except for the following purposes:
a) Home improvement and/or temporary cleanup of a
vacant lot or dwelling, provided that all
applicable permits and licenses have been
obtained; and
b) Holding special events including but not limited
to, sponsored and permitted cleanup campaigns.
Placement of such containers for the event shall
be limited to 48 hours prior to the event and 48
hours following the event.
B. Refuse shall be deposited in a dumpster at all
apartment buildings having three 3) or more dwelling units and
at any establishment or business located in the commercial and
industrial zones.
5
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d_i Section 2. That section 6.04.065 of Chapter 6.04 be added
to read as follows:
6.04.065. Container Storage.
A. All trash containers for single family or two-family
dwellings shall be stored out of public view in a side or rear
yard or an enclosed garage except on pickup day. In no event
shall such container be placed adjacent to the roadway for
collection more than twelve 12) hours prior to normal
collection time. The container shall be removed to the storage
area within twelve 12) hours following collection. If the
physical design of the dwelling does not allow for obscuring
containers from public view because of the type of fencing or
lack thereof, containers shall be stored in an area adjacent to
the dwelling at the point furthest from the closest street or
roadway or in an enclosure adjacent to the dwelling designed to
conform with the exterior design of the dwelling.
B. A trash bin enclosure shall be provided to obscure
from public view any dumpster required by Section 6.04.060.
Such enclosure shall meet the construction, location, and
access requirements established by the Planning Department of
the City of La Quinta.
C. Upon receipt of notification to provide an enclosure,
the property owner shall have six months to complete
construction of the enclosure.
D. A six 6) month extension to complete construction of
an enclosure may be granted by the Director of Planning and/or
the City Council based on individual need, but in no event
shall completion of construction of the trash bin enclosure
exceed one 1) year from the date of receipt of notification to
provide an enclosure.
E. Construction of requisite enclosures shall be
completed according to the specifications of the Planning
Department prior to issuance of a certificate of occupancy.
Section 3. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be
posted in three public places in the City of La Quinta, and the
same shall be in full force and effect immediately after its
adoption.
10-24-89
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d_i PASSED, APPROVED, AND ADOPTED by the City Council of the
City of La Quinta, California, on this day of 1989,
by the following vote, to wit:
AYES:
NOES:
ASSENT:
ABSTAIN:
JOHN J. PENA Mayor
City of La Quinta, California
ATTEST:
SAUNDRA JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
10-24-89
6860n 3-
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d_i C
Zc4;, Z ZMZORA4NDZUZ
DATE: NOVEMBER 21, 1989
TO: CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: BOB HOPE CLASSIC PROGRAM ADVERTISEMENT
The deadline for committing to space in the Bob Hope Classic
Program has been extended to December 1, 1989.
They can guarantee us a place within the first 50 pages.
They do not do the layout, but they are willing to assist with
it.
To date, the Cities of Palm Springs, Rancho Mirage and Indian
Wells have taken out full page ads.
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d_iCOUNCIL MEETING DATE: November 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING
La Quinta Chamber of Commerce's BUSINESS SESSION
10K Run, December 3, 1989
CONSENT CALENDAR Z
STUDY SESSION
BACKGROUND
This resolution is needed for the safety of the public and
the participants during the La Quinta Chamber of Commerce1 s
10K Run.
FISCAL IMPLICATIONS:
For the temporary closure of Avenue 52nd, between Washington
Street and Jefferson Street from 7:30 a.m. to 10:30 a.m., on
December 3, 1989.
APPROVED BY:
RECOMMENDATIONS:
Staff recommends approval of this resolution.
Submitted by: Approved for submission
COMMUNITY SAFETY DEPT. to City Council:
Q' Z,A
ROGER T. HIRDLER RON KIEDROWSKI
COMMUNITy SAFETY DIRECTOR CITY MANAGER
FORMOO2
1
/Z
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d_i RESOLUTION NO. 89-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, FOR THE TEMPORARY
CLOSURE OF AVENUE 52ND BETWEEN WASHINGTON ZTREET
AND JEFFERSON STREET
DURING A SPECIAL EVENT TO BE HELD
DECEMBER 3, 1989
BE IT RESOLVED by the City Council of the City of La Quinta
that upon authorization by the City Engineer, the following
temporary street closure be established from 7:30 a.m. to
approximately 10:30 a.m., and to be in effect during the period
of the special event. The duration of this event is
December 3, 1989.
1. Avenue 52 between Washington Street and
Jefferson Street
APPROVED AND ADOPTED this 21st day of November, 1989.
JOHN J. PENA, Mayor
City of La Quinta, California
EST:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
RESOLO 6
1
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d_iCOUNCIL MEETING DATE: November 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING:
BUSINESS SESSION:
Declaration of 1951 Reo Water Truck
as Surplus Property
CONSENT CALENDAR:
STUDY SESSION:
BACKGROUND:
See attached memorandum
FISCAL IMPLICATIONS: APPROVED BY:
Possible minimum revenue
RECOMMENDATION:
Declaration as Surplus Property
Submitted by: Approved for submission to
City Council:
/%Z /j$ZA
RON KIEDROWSKI, CITY MANAGER
FORM*002
Yip
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d_i MEMORANDUM
TO: Ron Kiedrowski, City Manager
FROM: Frank Reynolds, Director of Public Works
DATE: November 14, 1989
SUBJECT: Declaration of Surplus Property Water Truck
The City's 1951 Reo water truck is of no further use to the City in
that it is worn out to the point where it is dangerous to operate and
will not hold water.
It is requested that it be declared surplus property and that we be
authorized to dispose of it by any legal ineans possible.
ym;
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d_i Zaji,o(4ZZI(wLj
COUNCIL MEETING DATE: November 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING:
Authorization to Call for Bids for an
Additional Vehicle for the Public Works
Streets Division
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
BACKGROUND:
See attached memorandum
FISCAL IMPLICATIONS: APPROVED BY:
$17,000, of which approximately $11,000 exists in Fund 2
RECOMMENDATION:
Authorize Call for Bids
Submitted by: Approved for submission to
City Council:
RON KIEDROWSKI, CITY MANAGER
FORM4OO2
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d_i Z
MEMORANDUM
TO: Ronald L. Kiedrowski, City Manager A
FROM: Frank Reynolds, Director of Public Works
DATE: November 13, 1989
SUBJECT: Authorization to Purchase Additional Vehicle
The Public Works Department Street Division's utility truck is a 1985
Ford with over 90,000 miles. Throughout its service with the City it
has experienced chronic brake, engine and transmission problems
primarily due to the fact that the basic unit is too light for the
utility box mounted on it and the activities it is required to
perform. These chronic problems have intensified as the unit has
aged.
It is felt that the solution to the problem is to purchase a heavier
duty cab and chassis and remount the existing utility box on it. The
existing cab and chassis could then be converted for lighter duty
during its remaining years, probably in the Parks Division.
It is estimated that the unit we will need will cost in the order of
$17,000. It will be remembered that we budgeted $40,000.00 for a
water wagon, and because of an extremely favorable bid we will have
some $11,000.00 remaining in that account which could be applied to
the cost of a new cab and chassis.
Therefore, at this time I am requesting authorization to call for
bids for the new vehicle, and if authorized, subsequently request an
appropriation transfer when the amount of such a transfer is known.
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d_iCOUNCIL MEETING DATE: November 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING:
BUSINESS SESSION:
Tract Map. No. 24889
Landmark) CONSENT CALENDAR: 6,
STUDY SESSION:
BACKGROUND:
The tract map is in accordance with the conditions and
requirements of the City relating to the development final
subdivision. This tract map includes the condition that no
building permits will be issued until a subsequent final map is
recorded and all required subdivision improvements are provided
bonded).
FISCAL IMPLICATIONS: APPROVED BY:
None
RECOMMENDATION:
Approve Tract Map No. 24889
Submit Approved for submission to
City Council:
Signat RON'KIEDROWSKI, CITY MANAGER
FORM4OO2
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d_iCOUNCIL MEETING DATE: November 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING:
BUSINESS SESSION:
Parcel Map. No. 24B37
Landmark) CONSENT CALENDAR: 7
STUDY SESSION:
BACKGROUND:
The parcel map is in accordance with the conditions and
requirements of the City relating to the future development of
final subdivision Tentative Tract No. 23292).
FISCAL IMPLICATIONS: APPROVED BY:
None
RECOMMENDATION:
Approve Parcel Map No. 24837
Submitted b Approved for submission to
City Council:
RON KIEDROWSKI, CITY MANAGER
FORM*002
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d_iCOUNCIL MEETING DATE: November 21, 1989 AGENDA CATEGORY:
ITEM TITLE: PUBLIC HEARING:
BUSINESS SESSION:
Parcel Map. No. 22596
CONSENT CALENDAR:
STUDY SESSION:
BACKGROUND:
The parcelmap is in accordance with the conditions of approval and
requirements of the City.
FISCAL IMPLICATIONS: APPROVED BY:
None
RECOMMENDATION:
AZprove Parcel Map No. 22596
Approved for submission to
Council:
RON KIEDROWSKI, CITY MANAGER
FORM#002
Z j;;
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d_i STUDY SESSION ITEM NO.
JOINT STUDY SESSION
LA QUINTA CITY COUNCIL
AND
COACHELLA VALLEY RECREATION & PARK DISTRICT
AGENDA
1. Discussion of Programming and Use of Community Park and
Community Center.
2. Discussion of Programming, Maintenance and Use of Sports
Complex.
3. Discussion of Recreation Programming at the Fritz Burns Park
Including Recreation Activities for the Tennis Facility.
4. Discussion of Transmittal of Information Regarding Programs
Held in La Quinta.
5. Review of Parks Master Plan.
6. Discussion of Future Maintenance of Parks.
7. Discussion of Overall Site Planning for Northern and Eastern
Areas of La Quinta.
C</(
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d_i STUDY SESSION ITEM NO.Z /
COACHELLA VALLEY RECREATION AND PARK DISTRICT
45-1 16 COZMERcE STREET. SUITES 5 & 6- MOO. CAUFORNIA g2201 619 347-34S4
November 15, 1989
To: La Quinta City Council
From: Lucille Swam, District Zanager
Re: Joint Study Session
Attached please find the packet with information requested by the
La Quinta staff approximately five weeks ago.
The enclosed information has been reviewed by our Board of Directors
and approved for discussion. All items on the revised agenda that
was received on November 14th will be addressed as well.
We thank you for requesting the joint study session11 and hope to
realize from this exchange an open line of quality communication and
cooperation.
SERVING BERMUOA DUNES COACHELLA LA QUINTA LOWER VALLEY INDiAN WELLS Nob PALM DESERT
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d_i TABLE OF CONTENTS
I ZA QUINTA MASTER PLAN SUMMARY
A. Goals
B. Quantitive Standards
C. Future Facilities
D. Implementation
E. Operation
II REVENUE
A. La Quinta Secured Property Tax
III OPERATION COSTS FOR ZA QUINTA
A. Maintenance
B. Community Assistance
C. Administration
D. Programs & Youth Sports
IV CIVIC ORGANIZATIONS SERVED BY C.V.R.P.D.
A. Community Center
V APPENDIX
A. Appendix A
ZLf/
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d_i CITY OF LZ OUINTZZ
ENVI RONMENTZL CONSERVZTI ON COMMITTEE
MINUTES
MeetinZ 0? November 1, 1999
iZll Members 0+ the committee were present
Zlso present: Jerry Herman City Planning Director) Tom Kennedy, Mike Mendoza and
Stan Sni4+
1. The minutes 0+ the October 19 meet mg were approved.
2. Several members reported that much interest and support +or the goals 0+ the
committee are communicated +rom the community.
3. The citys planning department had prepared a Slope Znalysis PlapZ! which
identi4ies those areas within the citys hillsides whose slopes are 0 10,'., 10.1
207., and over 20'.'..
The committee studied and discussed the map. Considerable area within the
ZHillside" area are at 107. or lessZ +ew are 10.1 207.. Comparison 0+ these data
with the map which identies private vs public lands reveals that airnost all the
107. or less land is privately owned.
4
It became clear that the recentZadopt&d ordinance provides very little
protection +rom development ZZZillside area.
4. The committee in4orZZeed that the +ollowing are needed:
4.1. StrenghtZZZ the language in the General Plan relating to open space
consZZvat ion.
4.2. Revise the recently adopted ordinance Chapter 9.14Z)
5. The ZommitZee-s Qoal statement was strengthened to state: Revise rather than
StrengZtenY the e xistIflQ open-space ordinance to mt deveiopment on hi lsiZes
in La Guinta uithin legal limits."
6. Committee members expressed a need to view the areas under consideration. Thus,
on Zl'ember 16th, 7:00 am, the committee will tour the hillside areas. Howard and
i(Zie will provide +our-wheel drive vehicles.
ThZ departure point is Mendoza's house: 53-960 ZveZ M"lvarado.
7. For the subsequent meeting a+ter the tour), each Zommittee member will prepare a
written statement 0+ his/her view 0+ what the ordinance should prohibit/permit.
Each member will provide ten copies 0+ the statement.
These statements will be the basis +or discussion! negotiation, consensus or
compromise at that meeting.
The date and place 0+ that meeting will be set at the tour on the 16th.
B. The committee is very grate+ul to Jerry Herman +or producing the excellent Slope
Znalysis Map" and all other assistance he is providing.
Minutes by Fred Wol+
7Y
11/2/89
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d_i 0 MEMORANDUM
CITY OF LA QL'INTA
TO: RON KIEDROWSKI, CITY MANAGER
FROM: JERRY HERMAN, PLANNING AND DEVELOPMENT DIRECTORZZ
DATE: NOVEMBER 17, 1989
SUBJECT: CONTRACT FOR CONSULTING SERVICES
BACKGROUND:
Current work load limits Staff time in completing the
information needed for Annexation No. 5 east of Jefferson).
Additional staffing is needed. However, rather than additional
Staff, I requested proposals for consulting services. I have
received two proposals; one from J.F. Davidson Associates,
Inc., and the other from Robert Bein, William Frost and
Associates. The costs for these services are $8,740.00 and
$12,200.00, respectively.
RECOMMENDATION:
In order to expedite this annexation, it is requested that the
following be presented to the City Council:
That the City Council authorize the Planning and
Development Department to enter into a consultant
contract with the lower bidder1 J.F. Davidson Associates,
for an amount not to exceed $9,000.00. The money to pay
for the contract shall come from the contingency
non-departmental fund.
MR/MEMOJH. 034
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d_iThis form of agreement is
Agreement BetweenZ Client and Consultant
distnbuted by the
Z Z Form A was developed by the Calitomia Council of Civil Engineers and Land Surveyors, is intended pnmanly for the use of Council
ZOLDEI-neeu members; and may net be repmdueed wthdut the pernZion of the Calflornia Council of Civil EngineeZ and Land SuvZZ
Copyright 1989, 1987,1984, 1982, 1979,1978, 1975,1973, 1970 and i967.
AGREEMENT ENTERED INTO AT 75-150 ShZryl Zi've, Z Desert. CalifornZ
made this 8th day of Z? 1989 byandbetween
CONSULTANT: CLiENT..
Name J. F. DAVII:SCZZ ASSOCIAZES, INC. Name CIZ OF LA QUINTA, PLANlTZ
Addrnss 75-150 Sheryl Drive Address 76-105 Caije Estado
Palm Desert. CA 92260 Z-Ouita. CA 92253
CLIENT AND CONSULTANTZAGREE-AS FOLLOWS:
Client intends to: ZflZA apZrZZditZtely 2000' acrZs of County of RiversidZ Z to UZ Z,
City of La Quinta.
hereinafter called ZrnjectZ"
A: Consultant agrees to peZorZ the tollowlngZZope Of services..
Z Planning Z Z outlined in EZit AZ Zal dated Z aZ 1989.
4
B. Client agrees to corrZpensateZconsultant for sucZ. servIc$,s as follows. I,,
S 8740 On an initial authorized afrk:ZuZZt based on Time and Materials as outlined in
Exhibit A. Z 8.Z1989.
ProvZisZoZnsZof Z ZconsuZZita;;h Z
Client and consuttantagreZe that the following provisions j r r,' Z Z
shall be part of natiOflZ client agrees to nelease fnorrZ all liability foZ work performed.
their agreement: Z Z 15. Client agrees that inZpertormingZrequested ALTA Z iZi Z
ThisagreemenZtshallbebinding upon theZ heirs executors admi istrat
1. Z with this contract oansultant agrees to signZthe statement Zlfe, survey dpou
successors and assigns of client and consultant b;thls reference.
2. This agreement shall not be assigned by either client or Consultant w ments attached hereto as Exhibit l and incorpo rated herein
Zthout In the event that c6nsultant isZ required to sign a statement Orcerificate which
the prior written consent of the other. differs from that contained in Exhibit 1,- client hereby agrees to-indemnify and
3. This agreement contains the enfire agreement between C!ient andZcorsult- hold consultant harmiqss from any and all iabuity arisiro fr9in NZ.ZBButi'ng from
ant relating to the project and the provision of serviZces to the prsject. Any pZr the signing of anyZsZtatement which differs IfOm the statement contained in
agreements, promises, negotiations or representations not expressly set forth Exhibit 1.
in this agreement are of no force or effect, &jZbsequent mod) fZticns to thiZZ 16. lithe scope of services to be provided bZ oonsujtant pursu;Zt to the terms
agreement shall be ipZwritjrg, and signed by-betZhZctiept and Z of this agreement include the preparation of Grading ofans but ZxZconstruc-
4. Consultant's waiver of any term, conditioZ,n, oscovenant, or Zeach Z Zy ton staking services. client Z such staking seMcZ S flOrrWIZZ-Zaliy
term, condition, or covenant, shall not constitutZeZtheZwarv'er of any other term, include coordinating civil engZneenngZ8erviees and the preparation of asZuilt
condition, or Covenant, or the breach ot any other term, condition, or covenant. drawings pursuant to Uniform Building Code Chapter 70 or local grading
5. If any term, condition, or covenant of this agreement is held by a court of ordinances and client will be required to retain such services- from another
competent jurisdiction to be invalid, void or unepforceable, the remaining prZ consultant or pay consultant pursuant to this agreereZ fQr such- &vice5Zas
visions of this agreement shall be valid and binding on client and consultant.- extra work in accordance with Paragraph 26..--------------------- ZZ.-`nt ZiZ--'--
6. This agreement shall be governed by and construed in accordance with 17. Consultant shall be entitled to immediately, and without notice, suspend
the laws of the State of California. Z the performance of any and all ofZZcbligations pursuant toZth-isZagreement if
7. Consultant shall only act asan advisor in all governmental relations. client filesavoluntary petition seeking relief underthe Lnitedstaies Bankruptcy
8. All original papers, documents, drawings and other work product of con- Code or if there is an involuntary bankruptcy petition filed against client in the
sultant, and copies thereof, produced by oo-nsultant pursuant tothis agreement United StatesZ Ba nkruptcyCourt, and that petition is not dismissed withinfifteen
shall remain the property of consultant and may be used by consultant without 15) days of its filing. Any suspension of services made- pursuant to the
the consent of client. provisionsof this paragraph shall continue until Such time as this.agreement has
9. Client acknowledges that its right to utilize the services and work product been fully and properly assumed in accordance with the applZcabie provisions
proviZed pursuant to this agreement wrIl continue only so long as client is not of the United States Bankruptcy Code and in compliance with the final order or
in default pursuant to the terms and conditions.of this agreement and clZnt has judgment issued by the Bankruptcy Court.
3,---
performed all obligations under this agreement,. Client further acfriowkdges 18. This agree. rent shall n.O&Ps. construed to alter. affect 0 rwave' any ten or
that consultant has the unrestricted right to use the services provioted pursuant stop notice right which consultant may have fgr the poItZormZZ qI Services
to this agreement as well as allZwqrk product provided pursuant to this agree- pursuant to ttiis agreemenL 1ient agrees to separately Provide.to Consultant
ment. the present name and address-of the record owner of the property on which the
10. Client and consultant agree to cooperate with each other in every way on project is to be located. Client also agrees to separately provide consultant with
the project. the name and address of any and all lenders who would loan money on the
11. Upon request, client shall execute and deliver, or cause to be executed and projecj-.and who are entitkd. to receive a preliminary notice.
delivered, such additional instrrurnents, documents, governmental fees and 19.- If payment for consultant's services is to be made on behalf of clienl by a
charges which are necessary to perform the terms of this agreement. third-party lender, client agrees that consultant shall not be requwZ'ed to.indem-
12. Consultant makes no representations concerning soil conditions unless nify the third-party lender, in the form of an endorsement or-.otheniZ..:ieZas.a
specifically included in writing in this agreement, and he is not responsible for condition of receiving payment for services.
any liability that may arise out of the making or failure to make soil surveys, or 20. It client fails to pay consultant within thirty 30) days after. invoices are
sub-surface soil tests, or general soil testing. rendered, client agrees consultant shall have the right to consider such default
13. Client agrees not to use or permit any other person to use plans, drawings, in payment a material breach of this entire agreement, ano, upon written notice,
or other work product prepared by consultant, which plans. drawings, or other the duties, obligations, and responsibilities of Consultant under this agreement
work product are not final and which are not signed, and stamped or sealed by are suspended or terminated. In such event, client shall promptly pay consult-
consultant. Client agrees to be liable and responsibe for any such use of ant for all fees. charges. and services provided by consultant.
nonfinal plans, orawings, or other work product not signed and stamped or 21. All fees andotherchargeswill be billed monthlyand shall bedueatthetjme
sealed by consultant and waives liability against consultant for their use. Client 3.of billing unless otherwise Specified in this agreement. Z.
further agrees that final plans, drawings or other work product are for the 22.' Client agrees that the periodic' billings from consultant to client are correct,
exclusive use of client and may be used by client only for the project described conclusive, and binding on client unless Client, within ten 10) days from the date
on the face hereof. Such final plans, drawings or other work product reay not of receipt of such billing, notifies consultant in writing of alZef inaccuracieZ
be changed nor used on a different project without the written authorization or discrepancies, or errors in the bIlling. Z Z
approval by consultant. 23. Client agrees to pay a monthly-late payment cZharge which will be the
14. Consultant has a right to complete all services agreed to be rendered lesser of. oneZ percent 1 Z%) per month or a monthly charge not
ZZrsLorZt 0 ThIS Contract. Tn the event tn,s agreement is terminaled before tne to exceed the max.mum egal rate, which will be applied to any unpaid balance
completion of all services, unless consultant is responsible for such early fermi- commencing thirty 3o),d,ays after the date of tIne original billing.
1(2. Cl
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d_i24. If consultant. pursuant to this agreement, produces plans. specitications. ance of work by third parties including. but not limited to. the Construction Con-
cr other Oocuments ann or performs field worK. and Such pians, specifications, tractor ann Its surocontractors.
ann other documents ann/or field work are required by one or more govemmen- 38. Consultant makes no warranty. either expressed or implied. as to his find-
tal agency. and one or more such governmental agencycnanges its ordinances, ings, recommendations, plans, specifications. or protessional advice except
policies, procedures or requirements after tne date of this agreement, any ad- tnat the work was performed pursuant to generally accepted standards of
ditionai office or field worK thereby required shall be paid for by client as extra practice in effect at the time of performance.
work. 39. Estimates of land areas provided under this agreement are not to be con-
Z5. In the event of any increase of costs cue to the granting of wage increases sidered precise unless consultant specifically agrees to provide the precise de-
and/or other employee benefits to field or office employees due to the terms of termination of such areas.
any labor agreement. or rise in the cost of living, curing the lifetime of this agree- 40. In tne event the client agrees to. permits or authorizes changes in the
ment, such percentage increase shall be applied to all remaining Compensation. plans, specifications. reports and documents prepared by consultant pursuant
26. Client agrees that if client requests services not specified pursuant to the to this agreement. which cnanges are not consented to in writing by Consultant.
scope of services descr ption within tni5 agreement, client agrees to pay for all client acknowlenges that the cnanges and their effects are not the responsibility
such acoitional services as extra work, of consultant and client agrees to release consultant from all liability arising from
27. In tne event that any staking 5 destroyed. damaged or disturbed by an act the use of such changes and further agrees to defend. noemnify and hold
of God or parties other than consultant. the cost of restaking shall be paid for by harmless consultant. its officers, directors, principals, agents and employees
client as extra worK. CIent acknowledges that the design work performed from and against alt caims, demanos. damages or costs arising from the
pZrsuant to this agreement is based upon field and other conditions existing at changes and their effects.
the time of preparation of consultant's work. Client further acKnowledges that 41. Client acknowledges that the design work performed pursuant to this
tield and otner conditions may change roy the time project construction occurs agreement is based upon field and other conditions existing at the time of prepa-
ann clarification, adjustments. mocifications and otner changes may be neces- ration of consultant's work. Client further acknowledges that field and other con-
sary to reflect changed field or other conditions. If the scope of services pursu- ditions may change roy the time project cOnstructiOn occurs and Clarification, ad-
ant to this agreement does not inclune Construction staking services roy consult- justments. modifications, discrepancies or other changes may be necessary to
ant for this project, or if suosequent to this agreement client retains other per- reflect changed field or other conditions. If the scope of services pursuant to this
sons or entities to provide such staking services, client acknowledges that such agreement does not include on-site Construction review. Construction manage-
staking services will oe performed by others and that client will defend, indem- ment, supervision of construction of engineering structures, or other construC-
n.fy, ann nold consultant harmless from any and all claims arising from or tOrt supervision for this project, or it subsequent to this agreement client retains
resulting from the performance of Such staking services by other persons or other persons or entities to provide Such services, client acknowledges that
entities except claims caused by the sole negligence Or willful misconduct of such services wul be performed by others ano client will defend, indemnify and
consultant; and from any and all claims arising from or resulting from clarifica- hold consultant harmless trom any ann all claims arising from or resulting from
tons, ad;ustments. monifications or other onanges which may be necessary to the performance of such Services roy other persons or entities except claims
reflect changed field or other conditions except claims caused by the sole neg. caused by the sole negligence or willful misconduct ot consultant: and from any
ligence or willful misconduct of consultant. and alt Claims arising from or resulting from clarifications, adjustments, modifi-
28. Client shall pay the Costs of checking and inspection fees, zoning and cations, niscrepancies Or other changes necessary to reflect changed field Or
annexation application fees, assessment fees, soils engineering fees. soils other Conditions, except claims caused by the sole negligence or willful miscon-
testing fees. aerial topography fees. and all other fees, permits, bond premiums, duct of consultant.
title Company charges. blueprints and reproductions, and alt other charges not 42. Client agrees that in accornance with generally accepted construction
specifically covered by the terms of this agreement. practices, construction contraCtor will be required to assume sole and complete
29. In the event all or any portion of the work prepared or partially prepared by responsibility for jon site conditions during the course of construction of the
consultant be Suspended, abandoned, or terminated, client shall pay consultant protect, including safety of all persons and property; that this requirement shall
for all fees. charges, ann services provided for the protect. not to exceed any be made to apply Continuously and not be limited to normal working hours, and
contract limit specifien herein. Client acknowledges if the project work is sus- client further agrees to defend, indemnify and hold consultant harmless from
pended and restarts, there will be additional Charges due to suspension of the any and all liability, real or alleged. in connection with the performance of work
work wnich shall be paid for roy client as extra work. on this project, excepting liability arising from the sole negligence of consultant.
30. Client acknowledges and agrees that it consultant provides surveying 43. In the event client discovers or becomes aware of changed field or other
services, which services require the filing of a Record of Survey in accordance conditions which necessitate clarification, adjustments, modifications or other
with 8usiness and Professions Code Section 8762, that all of the costs of prepa- changes during the construction phase of the project, client agrees to notify Con-
ration. examination and filing for the Record of Survey will be paid by client as sultant and engage consultant to prepare the necessary claritications, adjust-
extra work in accordance with Paragraph 26. ments. modifications or other changes to Consultant's work before construction
31. Consultant is not responsible for delay caused by activities or factors activities commence or further activity proceeds. Purther, client agrees to have
beyond consultant's reasonable control. including but not limited to, delays by a provision in itS construction contracts for the project which requires the
reason of strikes. lockouts. work slowdowns or stoppages. accidents. acts of contractor to notify client of any changed field or other Conditions so that client
Zuo. la Zre ot c,,eni tc Zrn,sn timeiZ Intormation or approve or cisapprove iZay in turn floury consu tant purSZant to tne provisionS ot th,s paragrapn.
conSultant's work promptly, faulty performance by Client or other ContrOctors or 44. Client agrees to limit consultant's liability to client and to all Contractors and
governmental agencies. When such delays beyond consultant's reasonable subcontractors on the project due to consultant's negligent acts, errors or
control occur, client agrees consultant is not responsible in damages nor shall Omissions, and for liability arising out of or relating to this contraCt, to the sum
consultant be deemed to be in default of this agreement. of $50,000 or consultant's fees, whichever is greater.
32. Consultant shall not be lianie for damages resulting from the actions or 45. Crient agrees to purcnase and maintain. during the course of construction.
mg, Onv,ronmenial impact reports. dedications. general pians and amendments nsuren as their interest may appear.
thereto, zoning matters, annexations or consolidations, use or conditional use 46. Consultant hereby States and client hereby acknowledges that consultant
permits. project or plan approvals, and building permits. The client agrees that has no professional liability insurance for claims arising out of the performance
it is the responsiroility of the client to maintain in good standing alt government of or failure to perform professional services. including, but not limited to the
approvals and permits and to apply for any extensions thereof. preparation of reports, designs, drawings and specifications, related to the in-
33. In the event that client inStitutes a suit against consultant, either directly by vestigation. detection, abatement, replacement, use or specification, or re-
complaint or by way of cross-complaint. including a cross-complaint for indem- moval of products, materials or processes containing asbestos, asbestos
nity. for alleged negligence. error. omission, or other failure to perform, and if cement pipe, and/or hazardous waste materials. Accordingly, the client hereby
client fails to obtain a judgment in client's favor, the lawsuit is dismissed, or if agrees to bring no claim tot negligence, breach of ContraCt, indemnity or
udgment is renderen for consultant, client agrees to pay consultant all costs of otherwise against the consultant. its principals, employees. and agents if such
oclense. including attorneys fees. expert w tness tees, court cOStS, and any claim, in any way. would involve the consultant's services for tne investigation,
and all other expenses of defense. Client agrees such payments shalt be made detection, abatement, replacement, use Or specification, or removal of prod-
immediately foilowing dismissal of the case or upon entry of judgment. ucts, materials or processes Containing asbestos, asbestos Cement pipe, and/
34. If any action at law or equity, including an action tot declaratory relief, is or hazardous waste materials. Client further agrees to defend, indemnify and
orought to enforce Or interpret the provisions of this agreement, the prevailing hold harmless consultant, its oflicers, directors, principals, employees and
party shall be entitled to reasonable attorneys' fees, which fees may be set by agents from any aSOestos and/or hazardous waste material related claims that
the Court in the same action or in a separate action brought for that purpose, in may be brought by third parties as a result of the services provided by the con-
addition to any other relief to which he may be entitled. sultant pursuant to this agreement except claims Caused by the sole negligence
35. Cliefli agrees that in the event client institutes litigation to enforce or inter- or willful misconduct of the consultant.
pret the orovisions of this agreement. such litigation is to be brought and adju- 47. Client acknowledges that consultant's scope of services for this project do
d.cated in the appropriate Court in the county in which consultant's principal not include any worK related in any way to asbestos and/or hazarnous waste.
place of business is located, and client waives the right to bring, try or remove Should consultant or any other party encounter such materials on the job site,
such litigation to any other county Or judicial district, or should it in any other way become known that Such materials are present or
36. Consultant makes no representation concerning the estimated quantities may be present on the job site or any adjacent or nearby areas which may affect
Znd cost tiqures made in connection with maps. plans. specifications. or draw- consultant's work, consultant may. at its Option. terminate worK on the project
ngs ottier than tnat all sZcfl rigures are estimates only and consuitant shall not until such time as client retains a Specialist contractor to aoate ann/or remove
be responsirole for fluctuat ons n cost factors. the asbestos and/or hazardous waste materials and warrant that the job site is
37. Client acknowledges tnat consultant is not responsible for the perform- free from any hazard which may result from the existence of such materials.
IN WITNESS WHEREOF, the panties hereby execute this agreement upon the terms and conditions stated above and on the
date and year tndtcated above.
Co Z CLIENT:
By Y'ZZ7 ZZZYt_ Z
By
MZChae1 D. ZZers Zerrv Herman
ZegionaI MdflaqerZ------------------------------ Z
Client should mail completed contract to the address shown for consultant.
Th Zn
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d_i MEMORANDUM
CITY OF LA QUINTA
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PLANNING AND DEVELOPMENT DEPARTMENT
DATE: NOVEMBER 21, 1989
SUBJECT: REQUEST FROM THE LA QUINTA HOTEL FOR APPROVAL OF A
SPECIAL ADVERTISING DEVICE SEARCHLIGHTS) FOR
CHRISTMAS TREE LIGHTING CEREMONY AND WINTER
WONDERLAND CARNIVAL ON DECEMBER 5, 1989
BACKGROUND:
Municipal Code Chapter 5.64, Z`Special Advertising Deviceslt,
provides for a permit to be issued by the City Council for
advertising devices other than the usual and customary
permanent business identification signs. This includes items
such as searchlights.
REQUEST:
The Applicant is requesting approval to use a searchlight
between 5:00 p.m. and 7:00 p.m. on the evening of December 5,
1989. This will be in conjunction with their 6th Annual
Christmas Tree Lighting Ceremony and Winter Wonderland
Carnival.
Attached is a letter from the Applicant explaining the request.
CITY COUNCIL FINDINGS:
Section 5.64.020 provides, in part, that permits are to be
issued for special purposes, and not on a continuing basis
for permanent advertising or identification purposesit; and,
further that, Each permit shall be issued for a specified
period of time subject to renewal for good cause shown."
MR/MEMOCC.080 1-
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d_iIn taking action of a permit, the Council must find that the
special advertising device applied for would not:
1. Constitute a traffic hazard or nuisance to adjacent or
surrounding properties or to the public at large; or,
2. Be detrimental to the public convenience or welfare; or,
3. Be inconsistent with the various elements and objectives
of the General Plan and all other officially adopted
policies and regulations of the City.
Conditions may be assigned to any permit granted in order to
harmonize it with the public purposes expressed in this Chapter
of the Municipal Code.
The recently-adopted Dark Sky" Ordinance, which becomes
effective on January 17, 1990, will prohibit searchlights for
advertising purposes, unless a temporary variance is granted by
the City Council.
Action of the City Council may be taken by Minute Motion.
Staff believes no conditions of approval are necessary.
attachments:
0 Letter of request from Applicant
MR/MEMOCC.080 2-
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d_i Zl
Mayor John pefla Golf & Znms Resort
City Council AZ Z 1Zee HZe
City of La Quinta 49-499 Ej.ZhZZr Z
P0 BZZ69
LZ Z CZZfZZi1 92253
619 564-41)1
November 17, 1989
Dear Mayor Pena:
On December 51 1989, the La Quinta Hotel will celebrate it's
sixth Christmas Tree Lighting Ceremony and Winter Wonderland Carnival.
In honor of the City's children, proceeds from the carnival will
go to the Boy's and Girl's Club of La Quinta.
I would like to request a permit for the use of a search light,
between the hours of 5:00pm and 7:00pm, on the evening of the 5th.
We hope that you and the City Council will honor us with your
presence, as you have in the past, so that we might introduce you.
Thank you for your consideration.
Judee Cox
Director of Transportation
JAC/vc
cc:Judy Vossler Woodard NOV l7lgBg
CZTZ OZ LZ ZLiZNTA
ZLANNINZ & DEVEZZMFNT DZ?T-
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