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2001 07 03 CC
City Council Agendas are available on the City's web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBERS 78-495 Calle Tampico - La Quinta, California 92253 Regular Meeting Tuesday. July 3. 2001 - 2:00 P.M. CALL TO ORDER Beginning Res. No. 2001-89 Ord. No. 359 ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena II. PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. III. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS PERSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS - SKI HARRISON, MARK WEISS AND JOHN RUIZ REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION. NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, if the City is considering acquisition of real property, persons identified as negotiating parties do not attend the closed session. IV. PLEDGE OF ALLEGIANCE City Council Agenda RECONVENE AT 3:00 P.M. Page 1 July 3, 2001 001 V. PUBLIC COMMENT At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS - None Vill. WRITTEN CORRESPONDENCE IX. APPROVAL OF MINUTES - 1. MINUTES OF THE MEETING OF JUNE 5, 2001. 2. MINUTES OF THE MEETING OF JUNE 19, 2001 X. CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion unless requested for separate consideration by a member of the City Council or the public. 1. APPROVAL OF DEMAND REGISTER DATED JULY 3, 2001. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR CITY CLERK TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 12- 15, 2001 IN SACRAMENTO, CA. 3. APPROVAL OF ONGOING RENTAL USE OF THE SENIOR CENTER BY NEW LIFE COMMUNITY CHURCH. 4. APPROVAL TO RENEW A PROFESSIONAL SERVICES AGREEMENT WITH NICKERSON AND ASSOCIATES, INC. TO PROVIDE SERVICES FOR FISCAL YEAR 2001-2002. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT FOR TRACT 24197-2, MONTICELLO, CENTURY HOMES. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY RENETTE JENSEN. DATE OF LOSS: FEBRUARY 26, 2001. City Council Agenda Page 2 July 3, 2001 002 XI. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY LANCE AND SUSAN REIBSOMER. DATE OF LOSS: FEBRUARY 1, 2001. B. DENIAL OF CLAIM FOR DAMAGES FILED BY CHRISTINE SKEFFINGTON. DATE OF LOSS: MARCH 15, 2001. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY PAUL GORE. DATE OF LOSS: MARCH 23, 2001. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY ELEANOR L. SHEPARD. DATE OF LOSS: MAY 20, 2001. 11. DENIAL OF CLAIM FOR DAMAGES FILED BY FERNANDO CASTREJAN. DATE OF LOSS: MAY 18, 2001. 12. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR FISCAL YEAR 2001-2002. 13. APPROVAL OF A TRI-PARTY AGREEMENT WITH THE CITY OF PALM DESERT, THE CITY OF INDIAN WELLS, AND THE CITY OF LA OUINTA FOR THE MAINTENANCE OF THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT THE INTERSECTION OF WASHINGTON STREET AND FRED WARING DRIVE. 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A MANAGEMENT ANALYST AND THE MANAGEMENT ASSISTANT TO ATTEND THE MUNICIPAL MANAGEMENT ASSISTANTS OF SOUTHERN CALIFORNIA ANNUAL CONFERENCE, JULY 25-27, 2001 IN BIG BEAR LAKE, CA. 15. APPROVAL OF A CHANGE ORDER WITH PURKISS-ROSE-RSI FOR THE TOPOGRAPHICAL SURVEYING STUDY FOR COMMUNITY PARK IMPROVEMENTS. 16. APPROVAL OF A CONTRACT RENEWAL WITH THE FIRM OF TRI-LAKE CONSULTANTS TO PROVIDE CAPITAL IMPROVEMENTS PROJECT FIELD INSPECTION SERVICES. 17. APPROVAL OF EXPENDITURE OF ART IN PUBLIC PLACES FUNDS FOR JEFFERSON STREET BRIDGE RAILING STRUCTURAL ENGINEERING SERVICES. 18. APPROVAL OF CITY REPRESENTATIVE FOR THE SANTA ROSA/SAN JACINTO MOUNTAINS NATIONAL MONUMENT. BUSINESS SESSION 1. CONSIDERATION OF LOCATION OF A THIRD FIRE STATION TO SERVE NORTHERN PORTIONS OF THE CITY (CONTINUED FROM THE MEETING OF JUNE 19, 2001). A. MINUTE ORDER ACTION 2. CONSIDERATION OF APPROVAL OF INVESTMENT ADVISORY BOARD 2001/2002 WORK PLAN. A. MINUTE ORDER ACTION 003 City Council Agenda Page 3 July 3, 2001 3. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1, TAX ALLOCATION BONDS, SERIES 2001 AND MAKING CERTAIN DETERMINATIONS RELATED THERETO. A. RESOLUTION ACTION 4. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2001-2002. A. MINUTE ORDER ACTION 5. CONSIDERATION OF A CONTRACT CHANGE ORDER FOR COACHELLA VALLEY WATER DISTRICT DIRECTED MODIFICATIONS TO THE SEWER CROSSING ON THE BRIDGE OVER THE ALL-AMERICAN CANAL AT JEFFERSON STREET, PROJECT NO. 99-05. A. MINUTE ORDER ACTION 6. CONSIDERATION OF CONTRACT CHANGE ORDER TO ELIMINATE THE COACHELLA VALLEY WATER DISTRICT PUMP STATION WITHIN PROJECT NO. 99-05, JEFFERSON STREET IMPROVEMENTS, PHASE I, AVENUE 54 TO HIGHWAY 111. A. MINUTE ORDER ACTION 7. CONSIDERATION OF A CONTRACT CHANGE ORDER TO MODIFY THE TRAFFIC CIRCLE AND SURROUNDING TRAFFIC CONTROL DEVICES AT MONTEZUMA AND NAVARRO WITHIN ASSESSMENT DISTRICT 2000-1, PROJECT 98-19 AREA A/B. A. MINUTE ORDER ACTION 8. CONSIDERATION OF FACILITY USE POLICIES. A. MINUTE ORDER ACTION 9. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION FOR FISCAL YEAR 2001-2002. A. MINUTE ORDER ACTION 10. CONSIDERATION OF A FUNDING REQUEST BY THE SUNLIGHT TRANSIT AGENCY FOR THE VETS EXPRESS. A. MINUTE ORDER ACTION. City Council Agenda Page 4 July 3, 2001 XII XIII XIV 11. CONSIDERATION OF AN APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE 2OTH ANNIVERSARY PLANNING COMMITTEE. A. MINUTE ORDER ACTION. 12. CONSIDERATION OF ORDINANCE 358, CHANGING THE LAND DESIGNATION FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR A 17.82 ACRE PARCEL LOCATED WITHIN THE LA QUINTA RESORT SPECIFIC PLAN, AT THE SOUTHEAST CORNER OF EISENHOWER AND AVENUE 50. ZONE CHANGE 2001-101, KSL. A. ADOPT ORDINANCE NO. 358 ON SECOND READING. DISCUSSION OF POSSIBLE FUNDING SOURCES FOR PUBLIC SAFETY ENHANCEMENTS. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (PERKINS) 3. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. DESERT SANDS UNIFIED SCHOOL DISTRICT AD HOC COMMITTEE (HENDERSON/ADOLPH) 7. LEAGUE OF CALIFORNIA CITIES COMMITTEE 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 12. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 16. INVESTMENT ADVISORY BOARD MINUTES DATED MAY 9, 2001. 17. COMMUNITY SERVICES COMMISSION MINUTES DATED MAY 14, 2001. 18. CULTURAL ARTS COMMISSION MINUTES DATED MAY 10, 2001. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) 2. CITY ATTORNEY 3. CITY CLERK TO PUBLIC COMMENT. A. REPORT ON UPCOMING EVENTS. 4. BUILDING AND SAFETY DIRECTOR A. REPORT ON COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EVALUATION OF ANIMAL SERVICES CAMPUS ALTERNATIVES. 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR 7. FINANCE DIRECTOR B. PUBLIC WORKS DIRECTOR/CITY ENGINEER 9. POLICE CHIEF 10. FIRE CHIEF 005 City Council Agenda Page 5 July 3, 2001 �,tVAIMMiriLV&* OK101111001 Iu RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVI. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak form and limit your comments to three (3) minutes. Please watch the timing device on the podium. XVII. PRESENTATIONS - NONE For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. 1. PUBLIC HEARING TO CERTIFY A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418, AND A REQUEST FOR APPROVAL TO CHANGE THE ZONING DESIGNATION TO LOW DENSITY RESIDENTIAL AND THE GENERAL PLAN TO LOW DENSITY RESIDENTIAL FOR APPROXIMATELY 240 ACRES WITHIN THE SPHERE OF INFLUENCE OF THE CITY OF LA QUINTA FOR SUBSEQUENT ANNEXATION, BOUNDED ON THE NORTH BY AVENUE 52, ON THE EAST BY MONROE STREET, ON THE SOUTH BY AVENUE 53, AND EAST OF THE EXISTING CITY LIMIT LINES. APPLICANT: NRI, LA QUINTA LIMITED PARTNERSHIP. A. RESOLUTION ACTION(S) B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. READ BY TITLE ONLY AND INTRODUCE ORDINANCE 2. PUBLIC HEARING TO CERTIFY ENVIRONMENTAL ASSESSMENT 2001-417 AND APPROVE TENTATIVE TRACT MAP 30092, A REQUEST TO SUBDIVIDE 37.09 ACRES INTO 97 SINGLE FAMILY LOTS LOCATED AT THE NORTHWEST CORNER OF AVENUE 58 AND MONROE STREET. APPLICANT: BARTON PROPERTIES, INC. A. RESOLUTION ACTION(S) 3. PUBLIC HEARING TO CONSIDER A 1.88% RATE INCREASE FOR THE RESIDENTIAL, COMMERCIAL, AND ROLL -OFF RATES FOR THE CITY OF LA QUINTA AND AUTHORIZE THE RESIDENTIAL RATES TO BE PLACED ON THE TAX ROLLS FOR FISCAL YEAR 2001/2002 TO BE USED FOR CALENDAR YEAR 2002. A. RESOLUTION ACTION XIX. ADJOURNMENT - The next regular meeting of the City Council on July 17, 2001, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda Page 6 July 3, 2001 1�7�fl�_1:7_�iLi r • � I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of July 3, 2001, was posted on the outside entry to the Council Chambers, 78-495 Calle Tampico and on the bulletin boards at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, June 29, 2001. DATED: June 29, 2001 `x-�_ JUN EEK, CIVIC City Clerk, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. 00! City Council Agenda Page 7 July 3, 2001 cF� 9 AGENDA CATEGORY: BUSINESS SESSION COUNCIL/RDA MEETING DATE: JULY 3, 2001 CONSENT CALENDAR ITEM TITLE: Demand Register Dated July 3, 2001 RECOMMENDATION: Approve Demand Register Dated July 3, 2001 BACKGROUND: Prepaid Warrants: STUDY SESSION PUBLIC HEARING 45716 - 45718) 93,067.36 45719 - 45727) 22,102.00 45728 - 45741 } 760,225.52 Wire Transfers} 229,672.95 P/R 7093 - 7162) 88,453.67 P/R Tax Transfers} 25,799.55 CITY DEMANDS Payable Warrants: 45742 - 45897) 1,566,334.03 RDA DEMANDS $2,785,655.08 FISCAL IMPLICATIONS: Demand of Cash -City $1,920,070.73 John 44. Falconer, ;e Director $1,920,070.73 865,584.35 $2,785,655.08 CITY OF LA QUINTA BANK TRANSACTIONS 6/13/01 - 6/27/01 6/22/01 WIRE TRANSFER - DEFERRED COMP $6,106.03 6/22/01 WIRE TRANSFER - PIERS $11,020.92 6/22/01 WIRE TRANSFER - CREDIT UNION $5,546.00 6/18/01 WIRE TRANSFER - RDA ESCROW $60,000.00 6/18/01 WIRE TRANSFER - RDA ESCROW $60,000.00 6/18/01 WIRE TRANSFER - RDA ESCROW $25,000.00 6/18/01 WIRE TRANSFER - RDA ESCROW $12,000.00 6/18/01 WIRE TRANSFER - RDA ESCROW $50,000 00 TOTAL WIRE TRANSFERS OUT $229,672.95 009 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:15PM 06/27/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45742 06/27/01 &01439 JOHN ACKLEY 76.00 45743 06/27/01 &01440 ED ALDERSON 38.00 45744 06/27/01 &01441 SHARON BILLS 462.94 45745 06/27/01 &01442 LEE BRANKLINE 76.00 45746 06/27/01 &01443 LYNN BRUCE 50.00 45747 06/27/01 &01444 CHARLES BURRES 38.00 45748 06/27/01 &01445 CALIFORNIA POOLS & SPAS 484.80 45749 06/27/01 &01446 BETTE CHENEY 38.00 45750 06/27/01 &01447 FRED DAVIS 76.00 45751 06/27/01 &01448 JOHN FISHER 76.00 45752 06/27/01 &01449 DOROTHY HOWARD 17.00 45753 06/27/01 &01450 MC DERMOTT ENTERPRISES 500.00 45754 06/27/01 &01451 PM LA QUINTA LLC 19.50 45755 06/27/01 &01452 LOU SLACK 38.00 45756 06/27/01 &01453 SRHI LLC 150.00 45757 06/27/01 &01454 TRIAD 2 12.00 45758 06/27/01 &01455 U S HOME CENTRAL CAL 2596.78 45759 06/27/01 &01457 BECKY FRANCO 36.00 45760 06/27/01 &01458 THOMAS HETMANEK 60.00 45761 06/27/01 &01459 JEAN HOGREFE 36.00 45762 06/27/01 &01460 DENAE HOLT 36.00 45763 06/27/01 &01461 ELAINE HUNTER 36.00 45764 06/27/01 &01462 SHANNON KIENZLE 36.00 45765 06/27/01 &01463 BONNIE KODESCH 17.00 45766 06/27/01 &01464 CHARLES MAGALLAN 45.00 45767 06/27/01 &01465 MYRNA MANN 36.00 45768 06/27/01 &01466 DELIA MUNOZ 36.00 45769 06/27/01 &01467 COLLEEN O'SHAUGHNESSY 36.00 45770 06/27/01 &01468 PROFESSIONAL DOOR SYSTEM 25.00 45771 06/27/01 &01469 ANGELICA VILLANUEVA 30.00 45772 06/27/01 &01470 CAROLYN WALKER 45.00 45773 06/27/01 &01471 MARGARET WESTLY 36.00 45774 06/27/01 &01472 CINDY ZAMOREZ 36.00 45775 06/27/01 &01473 ROSEMARIE BERRYESSA 44.00 45776 06/27/01 &01474 BERNADETTE BIERMAN 52.00 45777 06/27/01 &01475 JACQUELYN COTHRAN 104.00 45778 06/27/01 &01476 INGRID CZERNY 6.00 45779 06/27/01 &01477 CHARLES DUGGAN 55.00 45780 06/27/01 &01478 BRUCE KAY 52.00 45781 06/27/01 &01479 NINA MORALES 24.00 45782 06/27/01 &01480 DEL RENDA 44.00 45783 06/27/01 &01481 MARIA RUIZ 52.00 45784 06/27/01 &01482 BARBARA STORKERSEN 22.00 45785 06/27/01 &01483 CAROL VIRGINIA 22.00 45786 06/27/01 AlRO01 A-1 RENTS 84.03 45787 06/27/01 AAA100 AAA SEASONS 3768.00 45788 06/27/01 ACE010 ACE HARDWARE 198.96 010 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 2:15PM 06/27/01 PAGE 2 CHECK CHECK VENDOR NUMBER DATE NO. NAME PAYMENT AMOUNT 45789 06/27/01 AME015 AMERICAN PLANNING ASSOC 246.00 45790 06/27/01 AME175 AMERICAN FORENSIC NURSES 147.00 45791 06/27/01 ASCO01 A & S COFFEE SERVICE 28.00 45792 06/27/01 AUT030 AUTOMATED TELECOM 396.97 45793 06/27/01 BAN070 BANNER AMERICAN PRODUCTS 105.96 45794 06/27/01 BER150 BERRYMAN & HENIGAR INC 12314.00 45795 06/27/01 BI0100 BIO TOX 162.90 45796 06/27/01 B00010 BOOK PUBLISHING COMPANY 4885.25 45797 06/27/01 BRI100 BRINKS INC 275.40 45798 06/27/01 BUR050 BUREA OF RECLAMATION YUMA 3368.00 45799 06/27/01 CAD010 CADET UNIFORM SUPPLY 14.16 45800 06/27/01 CAL065 CALIF JOINT POWERS INS 319538.00 45801 06/27/01 CDW050 CDW GOVERNMENT INC 1977.85 45802 06/27/01 CEN010 CENTURY FORMS INC 213.24 45803 06/27/01 CFI100 CFI SPORTS FLOORING 3168.00 45804 06/27/01 CIT025 CITICORP VENDOR FINANCE 325.39 45805 06/27/01 CLA050 CLASSIC AUTO TRANSPORT 196.00 45806 06/27/01 COA010 COACHELLA VLY ARCHAEOLOGI 35.00 45807 06/27/01 C00050 J P COOKE CO, THE 11.05 45808 06/27/01 COR150 CORPORATE EXPRESS 450.06 45809 06/27/01 COS050 COSTCO BUSINESS DELIVERY 291.59 45810 06/27/01 CPR104 CPRS DIST XI 10.00 45811 06/27/01 CRA050 DANIEL CRAWFORD JR 124.95 45812 06/27/01 CVA010 C V A G 2106.02 45813 06/27/01 DAN200 DANONE WATERS OF NORTH 444.09 45814 06/27/01 DDP100 DD PAINTING 3620.00 45815 06/27/01 DES018 DESERT ELECTRIC SUPPLY 5666.17 45816 06/27/01 DESO40 DESERT JANITOR SERVICE 4378.50 45817 06/27/01 DES060 DESERT SUN PUBLISHING CO 9886.18 45818 06/27/01 DIE050 DIETERICH POST 90.32 45819 06/27/01 DOU010 DOUBLE PRINTS 1 HR PHOTO 13.30 45820 06/27/01 EIS010 EISENHOWER IMMEDIATE CARE 610.00 45821 06/27/01 EVA050 DAVID EVANS & ASSOC INC 968.00 45822 06/27/01 EXP200 EXPRESS DETAIL 750.00 45823 06/27/01 FED010 FEDERAL EXPRESS CORP 480.98 45824 06/27/01 FER200 FERRIS, JOHNSON & ASSOC 2457.50 45825 06/27/01 FIR005 FIRELINE FIRE EQUIPMENT 233.87 45826 06/27/01 FIR007 FIRST AID SELECT 294.53 45827 06/27/01 FIR015 FIRST AMERICAN REAL 490.74 45828 06/27/01 FOX100 FOX VALLEY SYSTEMS INC 38.91 45829 06/27/01 GAS010 GASCARD INC 436.10 45830 06/27/01 GAT020 GATEWAY COMPANIES INC 1246.59 45831 06/27/01 GRA010 GRANITE CONSTRUCTION CO 677870.12 45832 06/27/01 GUY100 GUYS & GALS UNIFORMS 146.23 45833 06/27/01 HAR010 HARRIS & ASSOCIATES 40186.00 45834 06/27/01 HEG050 JIM HEGGE 871.75 45835 06/27/01 HIL150 HILTON FARNKOPF & 2290.00 45836 06/27/01 HOA010 HUGH HOARD INC 248.44 45837 06/27/01 HOM030 HOME DEPOT 699.78 Oil 004 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:15PM 06/27/01 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 45838 06/27/01 HOR100 DODIE HORVITZ 100.00 45839 06/27/01 ICB200 ICBM, INC 56.95 45840 06/27/01 IMP100 IMPACT SCIENCES INC 13747.63 45841 06/27/01 INF030 INFORMATION RESOURCES 390.00 45842 06/27/01 INT018 INTERNATIONAL PERSONNEL 299.00 45843 06/27/01 JIF100 JIFFY LUBE/AFMS 30.19 45844 06/27/01 JPRO10 JP REPROGRAPHICS 311.83 45845 06/27/01 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 45846 06/27/01 KIN050 KINKO'S 15.96 45847 06/27/01 KIN100 KINER/GOODSELL ADVERTISNG 720.00 45848 06/27/01 KRI100 BRUCE KRIBBS CONSTRUCTION 40.00 45849 06/27/01 LAW075 LAW ENFORCEMENT LEGAL 34.50 45850 06/27/01 LEA020 LEAGUE OF CALIF CITIES 790.00 45851 06/27/01 L00010 LOCK SHOP INC 324.02 45852 06/27/01 LOW100 LOWE'S COMPANIES INC 397.66 45853 06/27/01 LUN050 LUNDEEN PACIFIC CORP 391.93 45854 06/27/01 NAW010 RON NAWROCKI 1500.00 45855 06/27/01 NIC101 NICKERSON & ASSOC INC 13082.50 45856 06/27/01 OFF005 OFFICE DEPOT INC 230.43 45857 06/27/01 OFF010 OFFICE MAX 171.98 45858 06/27/01 PIC100 PICKENS FUEL CORP 18.20 45859 06/27/01 PIT010 PITNEY BOWES CREDIT CORP 1366.00 45860 06/27/01 PIT020 PITNEY BOWES 99.33 45861 06/27/01 POW100 POWERS AWARDS 23.50 45862 06/27/01 PRE015 THE PRESS -ENTERPRISE CO 472.12 45863 06/27/01 PRI020 THE PRINTING PLACE 1401.70 45864 06/27/01 PUR100 PURKISS ROSE-RSI 6851.00 45865 06/27/01 QUA200 QUALITY FENCE CO INC 4885.00 45866 06/27/01 RAL050 RALPHS GROCERY CO 72.51 45867 06/27/01 RAS020 RASA - ERIC NELSON 5235.00 45868 06/27/01 RBF100 RBF CONSULTING 3927.20 45869 06/27/01 RIV080 RIVERSIDE COUNTY HEALTH 302.00 45870 06/27/01 RIV100 RIVERSIDE COUNTY SHERIFFS 264129.56 45871 06/27/01 RIV101 RIV COUNTY SHERIFF/INDIO 2880.99 45872 06/27/01 RIV152 RIV COUNTY TRANSPORTATION 68.00 45873 06/27/01 SAX100 SAXON ENGINEERING SERVICE 2170.00 45874 06/27/01 SMA010 SMART & FINAL 47.91 45875 06/27/01 SNE100 ROGER SNELLENBERGER ASSOC 2600.00 45876 06/27/01 SOI100 SOIL & PLANT LABORATORY 776.00 45877 06/27/01 SOU007 SOUTHWEST NETWORKS, INC 9116.25 45878 06/27/01 SOU100 SOUTHLAND GEOTECHNICL INC 3514.50 45879 06/27/01 STA045 STAN'S AUTO TECH 314.48 45880 06/27/01 STA050 STAPLES 19.31 45881 06/27/01 TER100 TERRA NOVA PLANNING & 22725.05 45882 06/27/01 TKDO10 T.K.D. ASSOCIATES INC 29578.61 45883 06/27/01 TOP100 TOP OF THE LINE SIGNS 87.50 45884 06/27/01 TRIO10 TRI LAKE CONSULTANTS INC 23985.50 45885 06/27/01 TRI100 TRI STATE LAND SURVEYORS 6250.00 45886 06/27/01 TRU010 TRULY NOLEN INC 86.00 012 005 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:15PM 06/27/01 CITY OF LA QUINTA BANK ID: DEF PAGE 4 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 45887 06/27/01 USH100 USHERWOOD & ASSOC OF CAL 10265.48 45888 06/27/01 USO100 US OFFICE PRODUCTS 450.33 45889 06/27/01 USPO10 U S POSTMASTER 125.00 45890 06/27/01 VAN075 VANDORPE CHOU ASSOC INC 3450.00 45891 06/27/01 VOG050 CHRIS A VOGT 137.50 45892 06/27/01 WEL150 WELTY'S POSTAL CONNECTION 10.54 45893 06/27/01 WES020 WEST GROUP 64.50 45894 06/27/01 WIL035 WILLIAMS TILE INC 129.00 45895 06/27/01 WOR100 WORLDCOM 2295.00 45896 06/27/01 XER010 XEROX CORPORATION 1545.98 45897 06/27/01 YOU100 YOUNG ENGINEERING SERVICE 7455.00 CHECK TOTAL 1,566,334.03 013 m,, z. .-I N M V J1 m r m m o N 1 H N 6Q O E Z ti O r N O w F N N N N N N N N N N N N N N N N m .. 0 0 0 0 0 0 0 0 0 0 0 0 0 o b .i z F O O O Ol O O O O N P O N O O O O W 2 m m m N m m O m f+ m N M m m m m W 4 0 o p o 0 0 0 0 0 0 o rn o 0 o m o 0 3 3 r Q M �0 3 S r ul 3 M m m m m m 3 M 3 3 r 3 a s a a s a E wd E a ra a a a u s u a u F a u s u a u a w w w W a w a u a u s u a u \ \ \ z \ \ \ a a m m \ \ \ \ z z z w z z z z z z z 0 0 0 £ 0 0 o m m 0 u 0 0 0 0 a a a z z z a a a .+ a m a m a a s m m a a m a a m a m m a m Z C % F E F m m F m F m F 0❑❑❑ E x E x m F C o m 0 o o m ❑ o z m o ❑❑ 0 m o ❑ o a a a o ❑ 0 0❑ o m w U U F O F w F U U F Q E O F F N F O F U U E U > X% X % X X M m W W x w m O W w m u W m m m m m m w x w w w O `+ O O 0 O 0 O 0 O 0 > a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Z U Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z w W W> W> W> W W> W> W> W W W W> W> W W> W ❑ w W W w w w w W w w w w W w w w 4m] W a s a z s m a a a a a a a m W m U w o o w z Z E o o n o'i o m r m �D m rn m p M M M N ❑ N 'J l0 m p �O 10 ill l0 ❑ N N Q z w a m w m a i o o W F W N vl N O �fl N O ifl O O O £ P P p O P P O P O O O O P v p p D r r r rn r r r r m .y o rn r r r r F Z O O o O o O o O O o O O o O o O J O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U .4 '4 N rl ra rl rl 'i N .-i .4 rl N rl a O O O O O O O O O O O O O O 0 0 m m m m a a a a a a m m m m m m M O m m m m a a a a m O O O O °W z a a° a N r N z a .z, a w W O a a s w ❑ a a a N z m m rau a m z u u x u a w m z qm ❑ m m z a z a z a z a x u >> a s m N a a s ❑ z m w o 0 0 0 0❑ w a m m W W a C Z Z a Z a H H F ❑❑ Z .7 ❑ o o ❑ m w w N x a a a a w m a o u u u u m w w n rr Q � U N F P p P p P p P P P p p P p P p 014 U N O O 0 O 0 .i O O 0 .y O 0 O ,y O .r O .y O .-i O n ., O 0 O O 0 .y O a u O R►G7 Z r m O1 O r4 N M P .y N m P Gq N N N N N O F Z O r N \ N S 0 U O O O O O O O O N N N ry O W F N N N N N N N N N N N N a s m F F E F F E F F E F F F rn o O o 0 0 0 o m o 0 0 0 .. 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O � .O m O 2 O 2 m O1 O O O O Vl r r r r JI d Q m w m a O o w F 0 0 O �(1 0 O 0 N lD 0 O 0 O o O m ifI M N M u1 M ut M r Jl N m m m m r4 N N Oi O1 01 O� T m m m m o 0 0 o M M M M M o ti r4 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P P P P N f. rl rl P P P P P rl U U U U Z Z Z Z z N N U z U m N Z z Z U U W w O O ❑❑ F F Z U w O yq❑ F z U w O q❑ F S U O Z W Z Z >> az C Z z a z R' m w 0 m a ❑❑❑❑❑ m w 0 m s m w 0 m . m W 0 m a �Oa m m W 0 4 m S a w O O O O O F E W W x Y D 0 0 0 m m 0 0 m D o m a F m a F m a w F s w F O w F D x F Op x F 0 a F a w o F F 0 030 z F 023 a F O Z o a+ m o 0 ,y 0 0 0 0 0 o m o 0 O r N m \ x O W U' F Q N �D N �p N �O N l0 N �O N 1p N l0 N �O N 1p N m N l0 N 1p N �O N 1p N �O N l0 N 10 m 0 rl Z F o o v r m o o of N m N o o Ott Ott ui p 0 0 o m o 0 o v o N N v W r4 C N N p O > z I-i Z O F C u N W ❑ j i+ W > a O F O S Z w > U a O Z OU F f/1 w F O m S Z W > a W O U a O a O F O a S Z w > w .l a 0. 0 H a a 0. 0 H a a a 0 hWi a a a 0 w .] a a 0 H a a a 0 H a a a 0 H a a a 0 F O S 2 W > qa £ W w !.m] z UI O E 0 S Z W > N U Z Q .7 F O S z W > O C W m £ w F O S Z w > IZi F Z I -I a F O S Z w > O O U a F O S z w > Q a O a F m W ❑ w U O Z M OF O O M � z N❑ a w E Z O ul rt •~j O �p 10 O C Vl O m U r-1 O m� U rl O U 'i O b U rl O tO u r-1 O .-I u 'i O .-I V fi O r U r-I O r mP O' ry N b r N O Q z a Q m w m a o o a F a W o O r 1+1 O O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O O O O r V Jl O O p O O O O O O O O O z F 01 O 01 O N VI 0 0 0 0 O O O O m �I) O V1 N J1 N I(1 O O N N O O N a O c O N O 'y 0 0 N ry O rl O N 0 fl 0 ey 0 O 0 ti O ti O O ti O �y O O m O Q m N d W F W Z W a O w a O ❑ Z a a a E U Z z Z N F a U W O U N m Q w O O 3 a O F j ❑❑❑ 0 a a U I -I 4. W 0 0 F D 0 a a U M a a 0 0❑ F 7 0 a a U fu a 0 F 7 p❑❑ 0 a a N W a 0 0 F O 0 a a U I -I a a 0 0❑ F Q 0 a a U I -I W W 0 UI F u O❑ 0 a a U F a W 0 0 N F u 0 a a U E W a 0 0 a w F m F cn O a p V Z O m m Q O O x U W a a > 0 F W O u a F F O m O O > a Q (n U 3 Z O O F V M Q U > o a F 0 O a F 0 T Ul ❑ 0 0 Ul 0 0 0 m 0 0 0 UI 0 0 0 l7 0 0 0 N 0 0 N% 0 0 0 0 N 0 vl O Q > O W > 3 1+1 N r r r N N N m m b F F F O m o N N N N N P N ti r O O Q] O O O OI O a N N N N T N N N r a a a > a m o > 0 0 0 o F m E E F u a E a a s ua O w 0 O Y ❑ z ❑ a ❑ u z a z w z z > E > a > Q > OU H G O N m OI l0 N m m P N N N N I m N a o P w o 0 ❑ m rn Z o 0 w m F Z m rt U Q o 0 032 025 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:07AM 06/22/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45728 06/21/01 &01456 JOHN ALLCHIN 62.50 45729 06/21/01 COA080 COACHELLA VALLEY WATER 859.75 45730 06/21/01 COS060 COSTCO WHOLESALE STORE 893.97 45731 06/21/01 COU010 COUNTS UNLIMITED INC 1150.00 45732 06/21/01 DCT100 DC & TC LLC 100000.00 45733 06/21/01 DES051 DESERT SANDS UNIFIED SCHL 655069.35 45734 06/21/01 LAQ050 LA QUINTA CITY EMPLOYEES 364.00 45735 06/21/01 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 45736 06/21/01 SMI010 MARILYN SMITH 110.34 45737 06/21/01 SUP100 SUPPORT PAYMENT CLEARING- 150.00 45738 06/21/01 UN1005 UNITED WAY OF THE DESERT 179.00 45739 06/21/01 VER050 FREDRICO VERDUGO 450.00 45740 06/21/01 VER200 VERIZON 441.11 45741 06/21/01 VER210 VERIZON INTERNET SOLUTION 69.00 CHECK TOTAL 760,225.52 033 026 N rn M F O Z .y v v v O ti N \ e Z U U c9 O o 0 0 o V O £ m m m m £ m m � 01 F E F F F F F F E F E F F F wQ O Z F W Z N M l0 1 N N O O O Jl O 1p 1p ryP N in r rn o o M o in i� o w cV rn m Z Z N Lw] o C z 1p ❑ N o p, o 2 Wu F F ua 4 0 F N m 3 F a a IZ-I a Im-I rwi ❑ m Q a a a a a a 0 z a o a o a a a s Z O ❑ F O E O F O a F Q F F O S F O \ o E 0 a i F 0 O I F O ti a a F 0 a (9 s F O z ❑ I w O F W W F U V F F Q ❑❑ Q F W a E o f 4 F 4 H a �. E N F N F O W H a s O >> W m a O m w m a 0 U U a O m Q a O w a a 0 ♦+ N a O 0 m 0 ❑ m a O u a O L z U z z a a z a N a z w w z a z x z o z o z m z N o z o m o O W > W a W a W > a m o W ' w a w ad w > O W > ❑ w > a w > a w > £ w > a w > m w rwi a 3 3 N m F E Q M > ❑ a U1 m tp 1p Z O > Z m £ D rn 0 E m 0 a O m O �p N O ❑ I -I Z m Q a � M v c Q a Z a W m m a i o F o w a �I1 N O N O 0 O o N r O o O 0 O 0 O 0 O 0 O 0 Z O �O M lO M �p O r O r O l0 O 1p O 1p N m N N N N O r N N N N F Z 'J N u1 C ul C ✓1 M Jl M �l1 N N N ✓1 M m C O O O O o ry O O O O o Q O ri O O rl O O r4 0 rl 0 ♦y O v O M O O .i O .1 O ry O .i a x m m w ❑ a x I H a w F 3 F 3 0 0 ai U z U ❑ NO U m W ❑ O O >. i+ uFi w w ❑ Iz-I ❑ H w a £ W a W ❑ N U w S tail E F T w w 1 H Q > a >aa W a w s ££ E rl U m Z¢❑ U U IH-I N O N Z 3 3 z z a 3 N O d .Uai Q raa] W S ral w x O U O U F F a O a a O W a a Q a a O ❑ Z S O U Q O U Q O F 0 F m O Z 0❑ O Z O m F w U V V U U U ❑ ❑ I.i a � y � Z 0 0 N > l0 C O O O O O O O �D O O E O O N O O �(1 O N O C O O O U U a H U •+ O w Q O a O m 0 m 0 O O O O F U m W d Q > O g W ❑ O y U U U U U U ❑ a a m m 034 027 z m I .N. .N. a o F Z O N N b O O m N N N N N N O N N F O O 1m m m m m O 1 Z F 4] Z O r vn N m in £ D ul N N N i 4 0 e 0 0 0 r 0 0 0 m o C4 a r m q N P P F O a F W a F Z W a q a F a a O w O O > O H E F rn F U E W U O F U U U U d m O a >£ U>>>> m F a O O O m ❑ m m m m O W O z U W F z z W Q W W W W z a z i-: w W > U W z z 0 m zO z z Z Z W W W ❑ O> m z z z m> Z> W W m a m U a a w o, .� ❑ N w O W o r m o r m m r m W z' Z E m v m m Orn Orn Orn ❑ r r �n �n �n m F � X i Z a 4 m W m a 1 o o m F a m P m o 0 0 0 0 0 £ ❑ m r m �n m Z o m f"1 N o 1 m 1 ri 1 m r� o l0 m �p m l0 t0 l0 m �p F Z ll P P P fit (1 m 1+1 lit O N P �O N rl U F( o O O o o O O O o Z O F O a M � O o p F N O W � a❑' W W F < > Z 4 z O F m E U z z z z z z z z r1 ❑ F O O O O O O O O .�+ ol a N N N N N N N N a a� g r❑u s a a a s z a a F m uzi > > > > > > > > z o > 0 0 0 0 0 0 0 0 0 0 in o 0 0 0 0 0 0 O N O N N N N N N N N U E a a a a m a a a a 4 > U > > > > > > > > 035 028 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 10:32AM 06/19/01 PAGE 1 CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45719 06/19/01 AAA001 AAA TRAVEL AGENCY 45720 06/19/01 BOY075 BOYS & GIRLS CLUB OF 45721 06/19/01 COL045 COLT SECURITY SERVICES 45722 06/19/01 DEM150 LOUIS DE MARTINO 45723 06/19/01 HAR100 JOHN HARDCASTLE 45724 06/19/01 LEA020 LEAGUE OF CALIF CITIES 45725 06/19/01 SOU037 SOUTHERN CALIF ASSOC CODE 45726 06/19/01 TRE100 JUAN TREVINO 45727 06/19/01 VER100 RUBEN VERDUGO CHECK TOTAL PAYMENT AMOUNT 3515.00 7500.00 252.00 8500.00 280.00 1035.00 120.00 450.00 450.00 22,102.00 036 ZQ 0 O F Z O C'1 Q W W W W W W W W W b F o O O O O o 0 0 0 0 F o 0 0 0 0 0 0 0 0 Z F W Z ul O N O O ul O O O £❑ .+ o �n o m m N �n 'N p ifl N ill N O T P ^ Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O � Z ❑ �Zl U F Z a F Q u Z m a U h fU] a \ F E \ x a a a a s a U a w a W a W a F a a s a s W a a a a U a \ a a a u a " o 0 Z 0 z 0 0 0 a 0 0 0 0 0 0 0 a 0 p O iw+ W U 00 F O Z O 0 a 0 W. O 0 O > a Z ❑ ❑ W❑ a❑ F❑ F❑ a❑ m❑ ? VUi .] w F w w w > w H W Wo a > ZO > u > ZO > > > > > > a O m Q U m £ F a a m m o r o m O itl r c N 0 O O 0 O O o o O m m N m m N io r m o m m �n in m m e m r m m o m 0 O ti O �(I O N O O O O O O O O O O O O to f`l � N ✓1 N m 0 o O o 0 0 ti 0 0 0 w O m W U m W F W O U U O N m Z a W U > a UW Z F W a U w F m m a H W > 0 f4L w J U uWi W ❑ ❑ (X Sa w O W Z W > W E a W > qF Q Om O H O O O W 2 O Z rqO� r OU o N O 0 0 o N w r m 0 o O F o O O 37 4 m 2 > 030 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:43PM 06/13/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45716 06/13/01 IMP010 IMPERIAL IRRIGATION DIST 953.08 45717 06/13/01 PET010 PETTY CASH/CITY LA QUINTA 446.87 45718 06/13/01 STA010 STAMKO DEVELOPMENT 91667.41 CHECK TOTAL 93,067.36 038 031 Z ey N ("1 v ifl �D r m T O .y N Ni a r-I n n .mi .ei O F Z O .i \ x l0 U U' V• U' U' U' U' U U' U' U' U' U' U' U' V• rn m m O O O O M N N N m N e O O ti F O O O O O 01 m O i0 O N N Oi N O O Z F W Z M o o1 o r o N m o m r r❑O � e rn rn N m m m m e v m e Q£ m r N N m fG r m r o m o M p ❑ ❑ ❑ ❑ ❑ r �n < Z 2 Z Z m a a a m yg yy Q G g a a m m m m m m m m m ❑❑ O❑ O a W W w w w W W w w a \\\\\ Q o a a a a a a a a a o > o a a a a a o W m F 2 x x x x x 2 2 x F F U F t/1 t/I W N t/1 UI m v) v1 O ❑ ❑ ❑ ❑ o o• U 0 4 u g u q u a u Q U Q u Q u Q u Q u a W £££££ W w w w a a c o o o Z U F Z N N Y� N N !� N >� >• Z £m£ E> Q 4 Q Q> ❑ r] fil W W W W 4] W W W ❑❑❑ O O a a a Q IU-I o a v O w r > > m M Z Z £ N I -I ❑ I -I O r I-r 2 ❑ v H z Q Z a m m W m a o o W F a O O N O N O O O O O N O m O O w O O N O O O O O O O l+1 O ill l0 r m O O m O m O O O O O N O Vl Jl �O F Z O o 0 0 o O N o ,-. .. .-i N M m M m M m e w �o w �e q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z z F F F F F z z z m Z Z Z Z Z Z Z 2 2 ❑ 0 0❑❑ 0 0 0 0 0 a d d� da d d a d dQ Z o Q] a.qi r r a q z z z z z � 4 �. a• a� r �+ a. a. N r E E E E E m U F F E F E m a d a m q N °a o 0 0 0 a u u u u u U U U U w w w w a x x x x x x x x x > > > > > W F m m m N 41 m m vJ N W w w W W a Z a Q a Q a Q a Q g q ❑ 0❑❑❑ Q H U U U U U U U U U N d S a N N N !• !� N N J+ N Y K Y£U£' £UY£' yUYy' w W W W W W W W W H F F E F F fu [Z.] �• a a W G� m 6� d d m UI U1 m N 2 0 > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O F a F F E F F E F F F g Q Q Q Q U Q U 6. d d p• p• p• p• p• p. !n m UI (n m 039 03? A/P - AP6OO2 CHECKS TO BE VOIDED 3:04PM 06/20/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 45637 DEF 06/12/01 655069.35 DES051 DESERT SANDS UNIFIED SCHL 2ND HALF 00/01 PASS THRU PMT TOTAL VOIDED 655,069.35 040 033 A/P - AP6002 CHECKS TO BE VOIDED 3:08PM 06/20/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 45638 DEF 05/30/01 816.00 DES052 DESERT SANDS UNIFIED TOTAL VOIDED 816.00 INVOICE DESCRIPTION FACILITY USE Awl 034 A/P - AP6OO2 CHECKS TO BE VOIDED CITY OF LA.QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 45727 DEF O6/19/01 450.00 VER10O RUBEN VERDUGO TOTAL VOIDED 450.00 11:44AM 06/19/01 PAGE 1 INVOICE DESCRIPTION SOCCER OFFICIAL 042 035 T4ht 4 4� Q" COUNCILIRDA MEETING DATE: July 3, 2001 Authorization for Overnight Travel for the City Clerk to Attend the League of California Cities Annual Conference in Sacramento, California to be held September 12-15, 2001 • • ' iL•LA AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the City Clerk to attend the League of California Cities Annual Conference in Sacramento, CA to be held September 12, 13, 14 and 15, 2001. FISCAL IMPLICATIONS: This seminar will be funded from Travel, Training and Meetings Account #101-201- 637-000. The breakdown of estimated expenditures for this meeting is as follows: • Registration $ 395 • Meals $ 200 • Travel $ 180 • Hotel $ 280 Total $1,055 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities will be holding their annual conference, entitled "The Power of Cities - Strength in Numbers," at the Sacramento Convention Center. The major purpose for the City Clerk's attendance is to assist Riverside Division President 043 Terry Henderson to coordinate and make arrangements for the Division Breakfast meeting . As the City Council is aware, President Henderson appointed the City Clerk to serve as this year's Secretary/Treasurer for the Riverside Division of the League. The Division breakfast meetings are scheduled to take place on Friday, September 14, 2001. Attendance at the Conference will also provide the City Clerk the opportunity to attend a number of special sessions devoted to the City Clerk's Department of the League. Of particular interest are sessions on Tapping into High Tech on a Low Budget, Administering the Public Records Act and FPPC and Conflict of Interest Regulations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the City Clerk to attend the League of California Cities Annual Conference in Sacramento, California to be held September 12 - 15, 2001; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Greek, City er< Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. League of California Cities Annual Conference Announcement C:\wpdocs\Staff Reports\Calif League Conference M 002 PRELIMINARY PROGRAM This program is subject to revision. Please check www.cacities.org/2001annualconference for updates. WEDNESDAY, SEPTEMBER 12 9:00 am - 3:00 pm Elected Officials Leadership Academy 10:00 am Registration Opens 1:00 pm Policy Committee (Thursday group) 2:30 pm Policy Committee (Friday group) 3:45 - 5:30 pm Opening Plenary Session 5:30 - 7:00 pm Legislative Reception in Capitol Park THURSDAY, SEPTEMBER 8:00 am 8:45-10:00am 10:15 - 11:30 am 11:30 am 1:30 - 2:30 pm 2:30-3:00pm 3:00 - 4:30 pm 4:30 - 5:30 pm 530 - 7:30 pm YOUTH PROGRAM 13 Registration Opens Keynote Session Department Program Sessions Expo Opens/Lunch in Expo Area Keynote Session Break in Expo Area Program Sessions Hosted Reception in Expo Area Host City Reception and Gala Street Festival There will be a youth leadership component at the confer- ence. Invite several young leaders of high school age in your city to join you at the conference and benefit from learning about the many issues with which you are involved. While the youth are welcome at all sessions, several sessions will be directed especially to them. They will have the chance to learn what other cities are doing to engage young people, and they will have the chance to develop an action plan to share when they return home. Special announcements were mailed to each mayor and city manager, with detailed information about how to include youth in your city's delegation to the conference. For a copy of this information, click on the Annual Conference section of the League's website at w .cacities.org or obtain a copy by fax -on -demand at 800/365-0320. Don't miss out on this unique and fun way to develop the leaders of your city's future! Participants in last year's youth program found it both educational and enjoyable. 24TH ANNUAL EXPO Be sure to take time Thursday and Friday (but not on Saturday!) to visit the expo. The expo is an excellent oppor- tunity to meet with representatives from over 250 private firms, non-profit organizations and public agencies that provide products and services for solutions to the issues you face. The expo is a "one -stop shopping experience" for products and services relating to all areas of your city. You will find resources available to make a difference to your communi- ty. With over 30 first time exhibitors the expo promises to be a worthwhile way to spend time while at the conference. FRIDAY, SEPTEMBER 14 7:15 - 8:30 am 8:30 am 9:15 am 9:30-11:00am 11 am - 1:00 pm 1:30 - 3:00 pm 3:00 - 3:30 pm 3:30 pm 3:30 - 5:00 pm 5:30 - 7:00 pm 8:00 pm 7:00 - 11:00 pm SATURDAY, SEPTEMBER 15 7:45-9:00 am 9:15 am 9:30 - 10:45 am 11:15am-12:30pm 12:30 pm EXPO SCHEDULE Division Breakfast Sessions Expo Opens/Breakfast in Expo Area General Resolutions Committee Program Sessions Lunch in Expo Area Program Sessions Break in Expo Area Exhibits Closes Program Sessions League Corporate Partners Reception Special Performance of the Ballet Folklorico de Mexico City Social Diversity, Breakfast and Keynote.Session Annual Business Meeting Special Workshops Concluding Plenary Keynote Session Adjourn Thursday, September 13 11:30 am - 5:30 pm Complimentary Delegate Luncheon Afternoon Beverage Break Reception Friday, September 14 8:30 am - 3:30 pm Complimentary Continental Breakfast Morning Beverage Break Complimentary Delegate Luncheon Afternoon Beverage Break. Exhibitor Prize Drawings Please check w .cacities.org/2001expo for updates The "Free Admission" on Thursday, September 13 (1:30 pm - 4:30 pm) and Friday, September 14 (1:30 pm -3:30 pm) offers an opportunity for city staff not attending the conference to take advantage of the resources of the expo. Please remind your staff to pick up a free pass to the expo floor at the League Expo Desk located in the West Lobby (K Street entrance) of the Sacramento Convention Center. L45 PRELIMINARY PROGRAM TOPICS (subject to change) THE POWER OF CITIES... STRENGTHEN OUR FISCAL CONDITION • Expanding the Local Fiscal Pie: From Zero -Sum to Sum -More • The Future of the Sales and Use Tax • Census Data and City Finances • What All Officials Must Know About GASB 34 • Update on the Utility Users Tax and Franchise Fee Issues THE POWER OF CITIES... CREATE HEALTHY COMMUNITIES • Land Use Planning for a Healthy Citizenry • Changing Attitudes Toward Housing: Creative and Viable Infill Housing • How to Have Successful Group Homes • Restoring Brownfields THE POWER OF CITIES... ENERGIZE OUR COMMUNITIES • City Efficiencies and Alternatives • Planning and Codes to Save Electricity • Planning for Energy -Related Emergencies • The Future of Electricity in California • Power Options for Cities THE POWER OF CITIES... CONNECT WITH CITIZENS • Winning and Keeping the Public's Trust • Credible Communication and Testimony • Creating Community Consensus • Managing Issues and Informing the Public • Empowering Neighborhoods THE POWER OF SMALL CITIES • When Main Street is a State Highway • Economic Development That Fits Your City • How to Tap High Tech on a Low Budget THE POWER OF CITIES... INFLUENCE THE BIGGER PICTURE • Strengthening Cities' Influence at the Grassroots Level • Models for Regional Collaboration • Toward Desirable Affordable Housing • New Perspectives on Solving Social Problems • Balancing the lobs -Housing -Transportation Equation • Meeting Our Housing Needs THE POWER OF CITIES... THE PUBLIC WORK FORCE • Enhancing the Esprit of Public Servants • Recruiting Qualified Personnel in a Changing Market • Keeping Qualified Personnel: Understanding • Intergenerational Differences • Update on Benefit Issues • Update on Binding Arbitration • Succession Planning: What You Must Know and Do THE POWER OF CITIES... PROVIDE PUBLIC SAFETY • Cutting Edge Technology in Fire and Police Services • Understanding the Use of Force: What Non -Police Officials Need to Know • Preventing and Dealing with Terrorism and Violence in Schools • Effective Responses to Racial Profiling • Police Ethics and Integrity • The Fire Staffing Issue: Implications of the NFPA Standards • Policing in the 21 st Century • Emergency Medical Services: The Evolving Roles for Cities and Counties • Retail Energy Use Enforcement • Traffic Calming Update THE LEGAL POWER OF CITIES • Understanding and Administering the Public Records Act • FPPC and Conflict of Interest Regulations • Contract Issues for Public Works Projects • Enforcing the Brown Act • Litigation Updates: General Law; Torts; Land Use; Personnel THE POWER OF CITIES ... YOUTH • The Needs of Our Youth • Successful Youth Programs • Local Government Curricula • City -School Partnerships • Planning for the Future �� � GENERAL INFORMATION PLENARY SESSIONS The plenary sessions will set the tone for the conference, and provide important information on League activities being conducted on your behalf. With the conference being held during the last week of the legislative session, the opening plenary session will prepare you to make effective contacts with your legislators. The closing plenary session will renew your commitment to accomplishing your city's goals. KEYNOTE SESSIONS The keynote sessions will offer valuable insights and infor- mation on the power of cities to make a positive difference in people's lives. These sessions will explore critical issues affecting cities and provide a context in which to consider subsequent conference sessions. SMALL CITIES SESSIONS While all sessions will offer information of value to small cities, a number of sessions are specifically designed for cities below 15,000 population. These sessions are identi- fied in their title. ELECTED OFFICIALS LEADERSHIP ACADEMY Several sessions before and during the conference are offered as part of the Elected Officials Leadership Academy (EOLA). To receive Academy credit, mayors and council members must sign in at each Academy session. Sign -in forms will be available in the session room up to 20 min- utes after the start of a session. The EOLA is a voluntary program for mayors and council members consisting of a series of educational sessions specifically designed to provide a solid core of knowledge and skills needed to be more effective. In addition to enhanced knowledge and competence, completion of this Academy program leads to peer recognition and a certificate. CONFERENCE HAND OUT MATERIALS Materials received in advance from speakers augmenting their presentations or workshops will be available in each session. Where possible, these materials will also be posted on the League's Annual Conference web page for you to preview before the conference at www.cacitfes.org/2OOlanualcon(erence. MINIMUM CONTINUING LEGAL EDUCATION CREDIT AND CITY ATTORNEYS PROGRAM MATERIALS The League of California Cities is a State Bar of California MCLE approved provider. Detailed information on the hours of credit will be in the final program. City attorney papers are available on an advance -order basis for $50. The papers will be available for you to pick up at the conference in the CityBooks area. Papers ordered but not picked up at the conference will be shipped after the conference. A lim- ited number of papers will be available on site for purchase. CITY FLAG AND PIN DISPLAYS Be sure your city is represented in the city flag display! This colorful display will start the conference in a moving and festive style, with flags from hundreds of cities at the opening plenary, and then standing on display throughout the con- ference. Information regarding the flag display will be sent to cities in June. Also, there will be a large map of California where you can place your city's pin to show your city is rep- resented at the conference. Don't forget to bring plenty of extras to share with your colleagues from other cities! CALIFORNIA CITIES HELEN PUTNAM AWARD FOR EXCELLENCE Visit the special displays by cities that won this year's pres- tigious Helen Putnam Award for Excellence. Learn what you can adapt from them to use in your city that will help you do a better job of serving your citizens. Displays will be open during the conference hours. SHOP AT CITYBOOKS! Expand the benefits of the conference by visiting CityBooks, the League's bookstore, featuring the latest and best resources to help you be a more effective leader and manager. Hundreds of titles relevant to cities will be avail- able, including books by speakers on the program. Plan to pick up several books to share with your colleagues at City Hall. Form a discussion group at work around key books to expand your ability to serve the public. All attendees pre -registered by August 1, 2001, will receive a $25 coupon, good towards the purchase of books and videotapes. There is no minimum purchase required — you may use it to purchase a book priced under $25, or apply it to your purchases over $25. GUARANTEED MONEY -SAVING IDEAS We are confident you will get many money -saving ideas at the conference. City officials registered for and participat- ing in the full conference and expo are assured of learning about ideas and services to save your city money or increase its productivity. If you participate in the full conference and believe you received nothing that can be adapted to save your city money, increase productivity, or be more responsive to your citizens, you may write the League before Wednesday, September 19, 2001, and request a refund of your registration fee. PLAN TO SAVE MONEY WHEN ATTENDING THE CONFERENCE In addition to many money -saving ideas and contacts you will get from the conference and expo - easily enough to cover the cost of attending the conference - you can save money when you: • Carpool or take advantage of the discount travel programs offered by the League. • Where appropriate, share hotel rooms. • Take advantage of the several meals included for paid registrants. • Enjoy the numerous, moderately priced restaurants in the area. 005 05 ll � TRAVEL INFORMATION SOUTHWEST AIRLINES The new Southwest discount airfare program for California local government employees (YLOCAL) began January 1, 2001, and is as follows: Ticketless travel is good on flights between California cities. Reservations may be made for ticketless travel by calling Southwest Airlines Reservations at (800) 435-9792 (code YLOCAL). Reservations may also be made through any local travel agency. Fares will be unre- stricted and fully refundable. Details are posted on the League website at www.cacities.org, use keyword "Southwest." Sacramento International Airport is located 12 miles and approximately 20 minutes from the Convention Center. All major carriers fly into Sacramento. HERTZ Discount rates with unlimited mileage are available one week prior and one week after this meeting from Hertz. Call Hertz Meeting Services at 800/654-2240 and indicate the League of California Cities Meeting Number CV#02PL0001. AMTRAK The Amtrak Station is located approximately one mile from the Convention Center. AIRPORT SHUTTLE Super Shuttle services Sacramento International Airport. The shuttle is available at both terminals and the fare is approximately $10 to the Convention Center. Super Shuttle's telephone number is (800)BLUEVAN or (800)258-3826. Limited service is available after 9 pm. TAXI Sacramento International Airport is serviced exclusively by Independent Taxi Co. The approximate fare is $25 to the Convention Center. Independent's telephone number is (916) 457-4862. DASH SHUTTLE SYSTEM Sacramento Regional Transit operates DASH, a 15-minute weekday service (5:11 am — 10:05 pm) daily shut- tle service in the downtown and midtown areas connecting the convention center, hotels, shopping and attractions. Call (916) 321-BUSS for more information. S A C R A M E N T O R E G 1 O N A L A R E A ➢ ■wa.NM/i.h. Oy T. N.n. ,} u uIRrooNrMITm 99 &Hiq :p <t 8� i YOOfN .. •. � 9 HIGHLANDS fOIO OONf J aa.0 �t ARENEN �.5 A A z af' E var.v sa' .,.•, 1 m fnJwrl Nano SACAANEYfOI CAOMICNAEI - J. LA6 C YATONAS S d S v lasoo " 10ORDOVA tD d .:SACOIN[NTO uPo e r �.1.r' Ta 1yuWi1 %r © ,r�r DggA �� An inabn b _.. d f LEA * IANO � as � x �1 (SVD�uNtml y '� irNJl•61 �� ExE�In i 7 mraN mflwY 4 o e Mvl r..11 w AMA.. i•.M. © SEE DOWNTOWN AREA MAP Iza°is�:�anuai;�::•®i,"'awil vlr�ill rlrl{m; nHiei.rlW I,aW1 W al REGISTRATION ADVANCE REGISTRATION DEADLINE Deadline for advance registration, which includes the $25 CityBooks coupon, is Wednesday, August 1, 2001. After this date, you must register on site. REGISTRATION FEES (See Advance Registration Form for fee schedules.) Full registration fees include program materials, admission to all conference program sessions, the expo, the legislative reception, host city reception, League and exhibitors recep- tion, two lunches and one continental breakfast. One -day registration fees include the program materials and meal events for the single day. REGISTRATION PROCEDURES Each delegate who has registered in advance may pick up a badge and program materials at the Advance Registration Desk in the West Lobby (K Street Mall side) of the Sacramento Convention Center. Registration will open at 10:00 a.m. on Wednesday, and continue throughout the business hours of the conference. ONE -DAY REGISTRATION Can't attend the whole conference? Register for one day. This is also a helpful and attractive option for mid -level staff, and the program and contacts will benefit their pro- fessional development. SPOUSE/GUEST REGISTRATION There is a $60 registration fee for spouses/guests to attend the conference. The spouse/guest registration fee is restricted to persons who are not city or public officials and would have no professional reason to attend the conference. The $60 fee includes admission to conference sessions, the expo, meals and receptions. Admission to the expo reception and the host city reception will be for registered attendees and reg- istered spouses/guests only. There is no refund for the can- cellation of a spouse/guest registration. PAYMENT You may pay for registration and options by agency check, personal check, Visa or MasterCard. The League does not accept purchase orders, American Express, or Discover Card. Make checks payable to the League of California Cities. For credit card payment, please complete the necessary informa- tion on the advance registration form. Advance registration and options will not be processed until payment in full by check or credit card is received. Payment may be by both credit card and check (e.g. city check for registration and credit card for spouse/guest). Indicate which method of pay- ment is for what. If paying by credit card, you may fax to (916) 658-8220. CONFERENCE REFUND POLICY Advance registrants unable to attend will receive a refund of the paid registration, less a $50 processing charge, if a written request is received by Friday, August 31, 2001. Registrants paying by credit card will be issued a credit to their account. All requests for refunds must be in writing and should be addressed to the League of California Cities Conference Registration, 1400 K Street, Sacramento, CA 95814 or fax to (916) 658-8220. ANNUAL CONFERENCE HOTEL RESERVATION PROCEDURE The Sacramento Convention and Visitors Bureau will handle all hotel reservations on a first -come, first - served basis through their Housing Bureau. The League has guest rooms at nine hotels and negotiated special rates for the conference. To ensure that your request is handled quickly and efficiently, you must complete the hotel reser- vation form in its entirety or it will be returned to you. A deposit of at least one night's fee is required for each room requested. The advance deposit should be made payable to the Sacramento Convention and Visitors Bureau. Reservations cannot be accepted by phone. Only one room may be requested under each name and only one room per form. If you submit more than one reservation under the same name, the duplicate reservation may be canceled. If you are sharing a room, complete only one form with the name of the person who is sharing with you. Be sure to include all names as well as the earliest arrival and latest departure dates. All major credit cards are accepted. Reservation forms without an accompanying advance deposit cannot be processed. Once the Housing Bureau has processed your reservation, they will mail you an acknowledgement form. The participating hotel will issue an individual confirma- tion. The Housing Bureau must receive hotel reservations by 4:30 pm, Wednesday, August 1, 2001. To make changes and cancellations call the Housing Bureau at (916) 264-7617. After Friday, August 31, 2001, all changes and cancellations must be made directly to the participating hotel. Please do not make a hotel reservation unless you are sure you will use it. Making reservations just to protect your options denies other attendees a room of their choice and costs the hotel business. Your guest room reservation is an agreement between you and the hotel. If you cancel or do not show up, and the hotel is unable to fill your reservation, expect the hotel to charge you for at least one night's stay. (City Administrative Staff: If you are making hotel reservations for others please confirm with each person that they actually need hotel accommodations and intend to use it before you make the reservation. 007 049 HOTEL INFORMATION The hotel tax for the City of Sacramento is 12% plus $1.50 tourism charge. Some hotels may charge an energy surcharge. Shuttle service to and from the Convention Center will be provided to hotels marked with an asterisk'. 1. BEST WESTERN SUTTER HOUSE 1100 H Street • Sacramento, CA 95814 (916) 441-1314 Single/Double Occupancy $109 98 rooms, non-smoking, hotel, three diamond AAA, full service, walk 4 blocks to Convention Center, State Capitol, major shopping and Old Sacramento. Complimentary parking. 2. CLARION HOTEL 700 16th Street • Sacramento, CA 95814 (916)444-8000 Single/Double Occupancy $84 Excellent downtown location close to the Convention Center and State Capitol. Airport transportation, free parking, restaurant, lounge, pool. The hotel is 4 blocks from the Convention Center. 3. DOUBLETREE HOTEL SACRAMENTO* (see regional map) 2001 Point West Way • Sacramento, CA 95815 (916) 929-8855 Single/Double Occupancy $119 Full service hotel featuring 448 deluxe rooms. Fitness center, pool, spa, two restaurants, sports bar, in -room movies, complimentary parking. The hotel is 4 miles from the Convention Center. 4. HILTON HOTEL SACRAMENTO ARDEN WEST` (see regional map) 2200 Harvard Street • Sacramento, CA 95814 (916) 922-4700 Single/Double Occupancy $125 331 beautifully appointed guestrooms. Two concierge floors with complete club lounge. Non-smoking floors, restaurant, lounge, health spa/exercise facilities and pool. Complimentary parking. The hotel is 4 miles from the Convention Center. S. HOLIDAY INN CAPITOL PLAZA* 300 j Street • Sacramento, CA 95814 (916)446-0100 Single Occupancy $107 Double Occupancy $117 just a few steps to Old Sacramento and Downtown Plaza mall. Lounge, restaurant, pool. Free parking for hotel guests. The hotel is 10 blocks from the Convention Center. 6. HYATT REGENCY SACRAMENTO ^/ 1209 L Street • Sacramento, CA 95814 / Y (916) 443-1234 Single/Double Occupancy $152 503 deluxe rooms and 25 suites, 2 restaurants, lounge, pool, exercise facilities. Across the street from the State Capitol, directly adjacent to the Convention Center. Valet parking is $15 per day; self -parking is $10 per day. 7. RADISSON HOTEL SACRAMENTO* (see regional map) 500 Leisure Lane • Sacramento, CA 95815 (916) 922-2020 Single/Double Occupancy $109 Full -service resort. Many rooms overlook private lake. Hotel has fit- ness center and free parking. Seven minutes to Convention Center and the State Capitol. The hotel is 2.5 miles from the Convention Center. 8. SHERATON GRAND HOTEL SACRAMENTO 1230 j Street • Sacramento, CA 95814 (916) 447-1700 Single/Double Occupancy $145 Located in the beautifully restored, historic public Market Building. 503 comfortable guest rooms, 27 suites, restaurant, lounge, and deli, fit- ness center and outdoor heated pool. Located steps away from the Convention Center, and 1 block from the State Capitol. Valet park- ing is $15 per day; self parking is $10 per day. 9. VAGABOND INN — OLD TOWN* 909 Third Street • Sacramento, CA 95814 (916) 446-1481 Single Occupancy $78 Double Occupancy $85 Free airport shuttle, free parking, heated pool, adjacent restaurant, pets welcome, air conditioning. The hotel is 10 blocks from the Convention Center. OTHER SITES 10. City Hall 11. State Capitol 12. Convention Center 13. League Office SACRAMENTO DOWNTOWN AREA MAP EN A451�6T - N" © p O � �aueor h' ,r�i� = 0 (d 050 COUNCIL/RDA MEETING DATE: July 3, 2001 Approval of Ongoing Rental Use of the Senior Center by New Life Community Church AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Approve the ongoing rental use of the Senior Center by New Life Community Church for a fourth one-year period. Rental charge for the facility is $55 an hour. The Church will utilize the Senior Center for two hours every Sunday at a cost of $1 10 per use. Total estimated gross revenue that will be generated by the rental agreement through July, 2002 is $5,720. None. In October of 1996, the City Council adopted a Facility Use Policy for the rental of the Senior Center which is included as Attachment 1. The policy requires that any group desiring to rent the facility on an ongoing basis that exceeds three months, must obtain City Council approval. On June 20, 1998, the City Council approved the ongoing rental use by the New Life Community Church through July 1999, on July 6, 1999, the City Council approved the second ongoing rental use through July 2000, and on July 5, 2000 the third ongoing rental use was approved through July 2001. The New Life Community Church has been renting the facility on a monthly basis for three years. The Church continues to be very satisfied with the arrangement and would like to commit to continue the rental arrangement through July of 2002. C:\sr.agenda.wpd 051 The alternatives available to the City Council include: 1 . Approve the ongoing rental use of the Senior Center by New Life Community Church for a fourth one-year period; or 2. Do not approve the ongoing use of the Senior Center by New Life Community Church; or 3. Provide staff with alternative direction. Respectfully submitted, ` 7_n4 At� Tom Hartung, Buildin Safety Director Approved for submission by: /10 Thomas P. Genovese, City Manager Attachments: 1. Senior Center Facility Use Policy n 141 C Asr.agenda.wpd 052 ATTACHMENT 1 LA QUINTA SENIOR CENTER FACILITY USE POLICY & APPLICATION Adopted by City Council on October 1, 1996 C'J4 053 CITY OF LA QUINTA Due Received eo smoxarc SENIOR CENTER FACILITY USE APPLICATION Name Address of Applicant: Hereby applies for permission to use: [Please check appropriate box(es)] ❑ MULTIPURPOSE ROOM (200 seated 390 standing) . ❑ PATIO ❑ KITCHEN TIME TO BE OPENED BY STAFF:_ EQUIPMENT NEEDED (Included in PURPOSE OF EVENT(Be Specific): RENTAL DATE REQUESTED: ALTERNATE DATE: City Expected Attendance: W] TIME EVENT BEGIN: TIME FACILITY DOORS LOCKED: Rental Feel No. of Tables: No. of Chairs: Stage: o YES a NO EQUIPMENT AVAILABLE FOR RENT: Please check items: ❑ Public Address System Entertainment ❑ YES ❑ NO ❑ Audio/Visual Equipment Alcohol Under 20% ❑ YES ❑ NO ❑ Ice (Beer, Wine, Champagne) ❑ Coffeemaker Decorations ❑ YES ❑ NO ❑ Piano Staff Set Up o YES o NO Staff Clean Up ❑ YES o NO Do Not Write in This Section - For Office Use Only Rental Fee: Apprmved: Notified By: Date Insurance Cert. Received: Security Dep: Date: Date: Cond. of facility: Staff Services: Dep. Paid:S Ball Paid: S Date Refund Reqd: Guard Services:- Rec#: Rec#: Comments: Addnl, Fees: Date: Date: Total Fees Due: Initials: Initials: Guards Scheduled: PLEASE MAKE CHECKS PAYABLE TO: CITY OF LA QUINTA STATEMENT OF INFORMATION AND AGREEMENT I have read and fully understand the Senior Center Rental Policy and Procedures for the use of the La Quinta Senior Center and the terms and conditions of use which are attached hereto and made a part hereof and agree to all terms and conditions set forth in said policy. Further, I certify that the information submitted in this application is true and correct. I certify that I am authorized by my organization to enter into its agreement on their behalf. the undersigned further understands that this application is approved only when dpproved by the City Manager or his designated representative. The undersigned states that, to the best of his/her knowledge, the City of La Quinta property for the use of which application is hereby made will be used for the purpose stated above and that purpose only. I understand any deviations from set policies, terms or conditions will result in closing down the premises and forfeiture of all fees and of future rights to the use of any City of La Quinta property. Signature of Responsible Renting Party: Daytime Phone: Evening Phone: Print Name: Date: Gj5 054 SENIOR CENTER RENTAL POLICIES & PROCEDURES CITY OF LA QUINTA 78-450 La Fonda, La Quints, CA 92253 619-777-7019 It is the renter's responsibility to read and understand these policies. GENERAL POLICY The La Quints Senior Center is designed for activities of the La Quints Senior Citizen. Pursuant to the Community Development Block Grant Regulations, no use will preempt a senior activity. Therefore, availability is contingent upon scheduled senior activities. The Senior Center will not be available for use Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m. The facilities shall be available for rental or usage by the general public when not in use for senior citizen scheduled activities. Activities and programs shall be classified into groups for the purpose of developing scheduling priorities. City activities will have priority use over other applications for the facility space. When conflicts occur, facility use permits held by nonsponsored groups may be canceled as authorized by the City Manager or authorized representative. As a rule, a minimum of two week's notice will be given when a facility permit is canceled. The City of La Quints reserves the right to cancel the Facility Use Permit without notice due to unforseen circumstances. CLASSIFICATIONS Class 1. Civic sponsored activities and use by City Departments and Divisions of the City or fundraising activities sponsored by La Quints based Non-profit organizations incorporated for the sole purpose of benefitting the La Quints Senior Center. Class 2. La Quints Civic groups, non-profit organizations, clubs and associations; other Governmental Agencies (Proof of non-profit status may be required). Class 3. Le Quints resident weddings, receptions and private parties. Class 4. Commercially sponsored activities; use by businesses, groups, associations or individuals for any type of profit -making activity or event; use by non-residents. FEE SCHEDULE Senior Center Facilities Class 1 Class 2 Class 3 Class 4 Multipurpose Room No charge $55/hr 875/hr $90/hr Kitchen No charge $10/hr s20/hr $25/hr All rental fees are based upon a two hour minimum. Facilities are available for rental Monday through Friday 5:00 p.m. to 10:00 p.m. and Saturdays 8:00 a.m. to 11:00 p.m. and Sundays 8:00 a.m. to 9:00 p.m.. All fees will be doubled on scheduled holidays. Rentals falling on a holiday weekend add 50% to the rental fee. The following equipment is available for use as part of the rental fees: 15 - 60" round tables, 20 card tables, 80 folding chairs, and 120 arm chairs. '_ 6 055 In addition to the basic rental fee as set forth in the fee schedule, additional fees will be assessed for the following activities or services regardless of use classification. Items B,C,D and E are assessed and fees charged only if the service is requested by the Renting Party. A. All Class 2, 3 and 4 are required to pay a $3OO.00 security deposit. The Security Deposit will be returned if the building is left in the same condition as prior to use. (See page 4 ) Refunds are mailed to the renting party. There is a minimum of four (4) week wait. B. Set up by City staff will be assessed a flat rate of $80.00. This service includes: set up of tables, chairs and trash cans. Renter provided tablecloths and centerpieces may be included with prior approval. There will be additional charges for extensive decorations. Renting party will not be admitted to the hall during the time staff is setting up. Tables, chairs and trash cans are provided by the facility. C. Clean up by City staff will be charged a flat rate of $125.00. This service includes the clean up and putting away of tables, chairs, trash removal, sweeping & mopping of floors and restroom clean up. This service does not include the clean up of trash outside the facility. Clean up of excessive trash outside the facility will result in additional charges (See page 4). D. Use of public address system will be assessed a flat rate of $15.00. E. Use of Audio/Visual Equipment will be assessed a flat rate of $25.0O. 1. A Facility Use Application and Indemnification Form must be completed by each group desiring the use of the Senior Center. Forms must be submitted to the Building and Safety Department at 78-495 Celle Tampico, La Quints, CA 92253, at least 30 days prior to the desired date of rental. Applications may be made no more than twelve (12) months in advance. Ongoing rental use (exceeding three (3) months in duration) will require City Council approval. 2. The Building and Safety Department will contact the applicant no sooner than two days after the permit has been submitted to inform applicant of the room's availability and the total fees assessed. 3. Reservations will be confirmed upon receipt of 50% of the total fees including security deposit and all paperwork completed. 4. All groups and private parties are required to provide proof of financial responsibility by means of liability insurance in an amount of not less than $5OO,OOO general liability insurance coverage per occurrence, listing the City of La Quints as an additional named insured. Persons or groups that do not have insurance may purchase special event insurance through the City's insurance policy. A binder must be presented to the Building and Safety Department office no later than two weeks prior to the scheduled event. Failure to provide the appropriate document will result in cancellation. Insured's name must appear as renting party on the Facility Use Permit. 5. All fees must be paid in full no later than two weeks prior to the event. Checks will be accepted if final payment is made at least three weeks prior to the event. Fees paid less than three weeks prior to the event must be paid in case or money order. A confirmed Facility Use Permit will be issued upon receipt of all fees. 6. All class 2 groups that do not provide fourteen (14) days notice of cancellation will be charged a basic class 3 rental fee. 7. ANY CANCELLATION OF RESERVATION WILL RESULT IN LOSS OF 50% OF RENTAL FEE. ANY RESERVATION CANCELED 30 DAYS OR LESS FROM DATE OF RENTAL WILL BE PENALIZED IN LOSS OF 100% OF THE RENTAL FEE. 8. Approved use is non -transferable. The person signing the Facility Use Permit is responsible for the conduct of all user participants and shall have full responsibility for any breakage or damage to equipment or the building. 2 056 1. The Senior Center will be available for rental use from Monday through Friday, 5:00 p.m. to 10:00 p.m., Saturday 8:00 a.m. to 11:00 p.m. and Sunday 9:00 a.m. to 9:00 p.m.. ALL RENTERS MUST HAVE THE FACILITY CLEANED AND VACATED ACCORDING TO THE TIMES APPROVED ON THE RENTAL PERMIT. Failure to comply with these regulations will result in forfeiture of the security deposit. 2. Usage must be within allotted Use of Facility Permit time. Permit time schedules and charges must include all preparation time and set up time as well as clean up time. 3. Approval for use of the Senior Center will be granted to responsible adults, age 21 years or older. 4. Renters or permittees shall be personally responsible for all damage to the building and shall be responsible for reimbursing the City of La Quinta for any loss or damage to the Senior Center and/or City of La Quinta property. 5. Renters must comply with the health and safety codes pertaining to the flame proofing of all decorations. Decorations will be permitted only with prior approval by the City Manager or his designated representative. All decorations must be removed upon the conclusion of the event, including tacks and tape. 6. Glitter, rice, bird seed or like items are NOT allowed on the premises. This includes inside the senior center, outside on paved areas or the driveways. Failure to comply may result in loss of 100% of the security deposit. 7. All groups are expected to leave the premises in the same condition as they are found. The multi -purpose room must have all tables and chairs cleaned, floor swept, mopped if necessary, and garbage put in outside dumpster. Restrooms and lobby must be swept free of dirt and debris. Brooms and mops are supplied by city staff. Renters must provide all other cleaning supplies including cloths to wipe tables. 8. Upon arrival renter will complete a 'walk-through' tour of the building with the assigned staff person on duty. Damages and unclean items must be brought to the attention of the on -duty staff BEFORE the renter's party begins. At the conclusion of the event, the staff person on duty will accompany the renting party for a final walk-through of the facilities. Security deposits are considered released only after staff has reviewed the facility on the first business day following a rental. Checks are mailed, minimum of four weeks to process. 9. Users shall comply with all laws and City ordinances. 10. Control of lights, keys, locks and locking doors, gates, etc., will be attended to by the staff person on duty. An employee of the City of La Quinta will be at the facility during rental hours. 11. Groups size is limited to maximum numbers as directed by the Fire Marshall to be as follows: Multipurpose Room - - - - - - - - 390 with chairs only Kitchen - - - - - - - - - - - - - - - - - 15 200 with tables 12. Smoking is NOT permitted inside the senior center. Renter is responsible for enforcing this policy. Smoking is permitted outside in designated areas. Renter is responsible for the removal of smoking debris at the conclusion of their event. 13. The public -,ddress system may be permitte• use upon request and a fee will be assessed for use. 14. Office telephones are for department business use only and may be used only by assigned staff. A pay phone is provided in the lobby. 15. All teenage groups shall be accompanied by responsible adult chaperones including the signer of the Use of Facility Permit, on a ratio of two (2) adults for the first twenty juveniles and one (1) adult for each additional group of twenty (20) juveniles or part thereof. CHAPERONES MUST STAY WITH GROUP AT ALL TIMES. 16. Groups having entertainment (bands, disc jockeys, entertainers, etc.) and/or alcohol must abide by the following additional security requirements: 3 G 8 057 A. Security guard service will be required any time entertainment and/or alcohol is present. (Minimum of four hours per guard) For groups of 100 people or less a minimum of one (1) guard is required. For groups in excess of 100 people or a fraction thereof, an additional security guard is required. B. All juvenile parties will be required to have double the security requirement of item 16A. C. Guards service will be arranged by the Building and Safety Department but paid for by the renting group. Guards will report to the staff person on duty. D. Security requirements may be altered at the discretion of City Council. E. Any required City permits must be obtained by the renter and presented to the Building and Safety Department at the Civic Center office no later than two (2) weeks prior to the event. Most dances or special permits required by the City take three weeks to process. 17. The City of La Quints reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of city property. 18. Renters refusing to adhere to policies will be forced to leave the premises after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. Renter/signer of Facility Use Permit must be on the premises during the hours of the event. City staff will be on site at all times during rental hours. 19. The City of La Quints assumes no liability for any injury, damage, theft or loss of property belonging to users, before, during or after usage. 20. No animals, except those necessary for disability assistance, are allowed in the Senior Center. A. All alcohol to be consumed on premises must be approved beforehand in writing by the City Manager or his designated representative. NO EXCEPTIONS! Private parties will not be authorized to serve alcohol 20% or over. Private parties may be authorized to serve alcohol under 20% (wine, beer and champagne only). B. Any group or individual participating in the sale of alcohol in the senior center must show proof of license from the Department of Alcoholic Beverage Control. C. Parties refusing to adhere to alcohol policies will be shut.down after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. Renter/signer of Facility Use Permit must be on the premises during the hours of the event. D. Parties requesting use of alcohol will be required to adhere to the security guard requirement as listed in Conditions of Use, number 16. The security deposit of $300.00 is refundable as long as the building and equipment are left in the same condition as prior to use. (See page 2, item A) The following charges is a partial list of costs deducted for cleaning or any other misuse of the senior center and its equipment. 1. Burns to floors, carpets, furniture or walls - - - - - - - - - - - - - - - - - - - - - - - - $200.00 minimum 2. Floor stains---------------- -- ----------- ------ $200.00 minimum 3. Broken, scarred or damaged chair------------------------------- $300.00 4. Broken, scarred or damaged table------------------------------- $300.00 5. Excessive trash outside of the building--------------------------- $200.00 6. Cigarette butts left outside of building --------------------------- $100.00 7. Glitter, birdseed, rice, etc. ----------------------------------- $300.00 8. Unauthorized use of equipment -------------------------------- $300.00 It is the renter's responsibility to ensure that guests do not disturb equipment not authorized for use. This includes piano, public address system, furniture, kitchen equipment and other unauthorized items. The staff person on duty is responsible for maintaining the heating and air-conditioning controls. 4f. tUA IM INDEMNIFICATION AGREEMENT I as a user of the La Quinta Senior Center, located at 78450 Avenida La Fonda, La Quinta, California 92253, hereby agree to indemnify, defend and hold the City of La Quinta, its elected officials, officers, agents and employees, harmless from any claim or liability for damage which may arise from the use by the undersigned organization or individual. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE CITY OF LA QUINTA, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES AND I SIGN THIS CONTRACT OF MY OWN FREE WILL. Executed at La Quinta, California on Date Releasor Witness (1 0 059 TERMS AND CONDITIONS THIS LICENSE AND RENTAL AGREEMENT is made by and between the City of La Quinta ("Licensor") and the applicant identified as the ("Licensee"). 1. LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions of this Agreement, the portion of the Licensor's property located at 78495 Avenida La Fonda, La Quinta, California. 2. The above -described portion may be occupied and used by LICENSEE, its members, guests, and invitees, solely during the period and for the purpose(s) designated and approved by LICENSOR and set -out in this Facility Use Application and for incidental purposes related to such approved purpose(s). 3. LICENSEE shall pay LICENSOR for this license and any equipment and/or services specified, at the rates stated in the Fee Schedule for Senior Center Facilities and Equipment, attached hereto as Exhibit "B" and incorporated herein for all purposes, and LICENSEE shall tender such payments at the time(s) and in the manner specified by LICENSOR as specified in the Senior Center Facilities Use Policy attached hereto as Exhibit "A" . In addition, LICENSOR reserves the right to require tender of a Certificate of Insurance, security deposit and/or bond in the amount and manner provided by any or all of the attached exhibits. 4. LICENSEE agrees to abide by all rules, regulations and policies set -out in Exhibit "A". Any violation of these rules, regulations and policies by LICENSEE or its members, guests and invitees may, at the discretion of LICENSOR, result in immediate termination of this license together with the forfeiture of all sums paid and all additional sums payable under the terms of this Agreement. 5. LICENSEE assumes full responsibility for the conduct of, or damage caused by, any of LICENSEE, its members, guests or invitees. LICENSOR shall not be held liable for any injury, damage, theft, or loss of property to any person whatsoever before, during or after usage under the terms of this Agreement. LICENSEE shall hold LICENSOR harmless from and defend LICENSOR against J1 claims or liability for any injury or damage occurring in, on, or about the areas of e_e when that inju-,y or damage was caused in whole, or in part, by the act, neglect, fault of, or omission of any duty by LICENSEE, its members, guests or invitees. 6. No alteration, addition, decorations, equipment or improvements shall be made to the premises without the written authorization of LICENSOR in the manner provided in Exhibit "A". r-11 060 7. This Agreement shall constitute the entire agreement between the parties and.anv prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in the Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party. LICENSOR expressly reserves the right to modify, develop, recommend, or promulgate certain operational guidelines in furtherance of the attached "Use Policy". 8. The rights and obligations of LICENSEE under this Agreement are non- transferrable and non -assignable. Either party may terminate this Agreement at those times and in the manner provided under its terms and attachments. Any notice or requests are required to be in writing. Should the above -described premises be totally destroyed by fire or other casualty prior to the commencement of this license, this Agreement shall immediately terminate. 9. In the event of any controversy, claim or dispute between the parties hereto, arising out of or related to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys' fees and costs. 10. Should any provision or portion of this Agreement be held unenforceable or invalid for any reason, the remaining provisions and portions of this Agreement shall be unaffected by such holding. iy< 061 Tit!t 4 4 QK&M COUNCIL/RDA MEETING DATE: July 3, 2001 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Approval to Renew a Professional Services Agreement (PSA) with Nickerson & Associates, Inc. to Provide PUBLIC HEARING: Services for Fiscal Year 2001-2002 Authorize the City Manager to renew a professional services contract for a period of one year, with the firm of Nickerson & Associates, Inc. in an amount not -to -exceed $144,600, to provide Project Management and Contract Administrative Support services. The following funding has been budgeted in the approved Preliminary Fiscal Year 2001 /2002 Budget to support this contract: Account No. 101-451-603-000, Administration, Contract Services $ 25,000 Account No. 101-456-603-000, Capital Projects, Contract Services $212,970 Therefore, sufficient funding is available to support this professional services contract. None. On February 17, 1997, the City Council approved an agreement with Nickerson, Diercks, and Associates (NDA) to provide contract administration and project management support to the Public Works Department, Capital Improvement Projects (CIP) Division. This agreement covered the period from March 1997 through June 1997. This was an interim contract to complete the required work through the end of the 1996/1997 Fiscal Year. On July 1, 1997, the City Council authorized staff to seek professional services for contract management and administrative support and begin the formal "Request for Proposals" process. This action allowed staff to receive proposals from qualified firms and authorized staff to negotiate terms of a Professional Services Agreement with the I.M T:\PWDEPT C0VNCI L=01\010703b.wPd most qualified firm, as determined by the Consultant Selection Committee. During the City Council meeting of September 16, 1997, the City Council authorized the City Manager to execute a contract for professional services to provide contract management and administrative support for capital improvement projects to the firm of Nickerson, Diercks & Associates (NDA) for Fiscal Year 1997/1998 with an option to renew the contract. During the City Council meeting of September 15, 1998, the City Council approved a contract extension with NDA to provide professional services through June 30, 1999. On June 15, 1999, the City Council authorized the City Manager to bypass the competitive selection procedure and negotiate with NDA. On July 6, 1999, the City Council awarded a renewable contract to the firm of Nickerson, Diercks and Associates (NDA) in an amount not to exceed $109,200 to provide contract management, administrative and clerical support services for Fiscal Year 1999/2000 Capital Improvement Projects and private development projects. The contract is renewable for three (3) consecutive years after award. Fiscal Year 2000/2001 is year two of the three year contract. On July 5, 2000, the City Council awarded a renewable contract with the firm of Nickerson & Associates in an amount not to exceed $134,200 to provide project management and contract administrative and clerical support services for Fiscal Year 2000/2001 Capital Improvement Projects and private development projects. The 2001 /2002 contract will be for the third year of the three year renewal period authorized by the City Council in 1999. During 2000, Mr. Nickerson and Mr. Diercks dissolved their partnership. Mr. Nickerson continues to provide the same professional services requested by the City as "Nickerson & Associates, Inc.". The addition of this project management and administrative support has proven to be very productive. Therefore, staff requested authorization to renegotiate a contract for continuing services with NAI to provide professional services and clerical support. The existing contract is renewable on an annual basis for a period not to exceed three years in total duration. As in past years, the renewed contract is based on hourly fees, with a not -to -exceed amount of $85.00/hour for professional project management services, $92.00 per hour for a professional registered civil engineer, $45.00 per hour for draftsman, and $30.00/hour for clerical services. TAPW0EPT\COUNCIL=01\010703b. pd 002 063 The proposed hourly rates for the professional project manager have increased from $75.00 per hour to $85.00 per hour. This hourly increase is due the higher cost of Professional, General, and Auto Liability Insurance and other overhead factors. It should be noted that Nickerson & Associates, Inc. has not requested any hourly rate increases during the past two contract years. Typical services provided by Nickerson & Associates, Inc. include, but are not limited to: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time. • Prepare staff reports for City Council and/or Planning Commission consideration, as necessary. • Provide clerical support for the Capital Improvement Projects Division of the Public Works Department. • At the direction of staff, prepare annual 5-year Capital Improvement Program document for City Council comments and approval. Alternatives available to the City Council include: 1 . Authorize the City Manager to renew a professional services contract for a period of one year, with the firm of Nickerson & Associates, Inc. in an amount not -to -exceed $144,600, to provide Project Management and Contract Administrative Support services; or 003 TAMDEPT\CDUNCIL\2001\010703b.wpd 064 2. Do not authorize the City Manager to renew a professional services contract for a period of one year, with the firm of Nickerson & Associates, Inc. in an amount not -to -exceed $144,600, to provide Project Management and Contract Administrative Support services; or 3. Provide staff with alternative direction. Respectfully submitted, C ris A. Vo t Public Works Director/City Engineer Apppro ed for suibmi sion y: l - Thomas P. Genovese City Manager Attachments: 1. Professional Services Agreement 065 004 T:\PWDEPT\COUNCIL\2001 \010703b.wpd Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NICKERSON & ASSOCIATES ("Consultant"). The parties hereto agree as follows: LK��►f.Y�1ftWAN 1 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to PUBLIC WORKS DEPARTMENT, CAPITAL IMPROVEMENT PROJECTS DIVISION, PROJECT MANAGEMENT, CONTRACT MANAGEMENT, ADMINISTRATIVE and CLERICAL SUPPORT SERVICES FOR FY 2001/2002 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fiilly acquainted itself with the conditions there existing, ® it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to fiunish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, 066 Consultant shall perform services in addition to those specified in the Scope of Services when directed 006 T:1PW DEPT\COUNCIL\2001\010]03b..Pd to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED FORTY-FOUR THOUSAND SIX HUNDRED DOLLARS, ($144,600) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (loth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force M-4jeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, 067 floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental 007 TA DEPT\COUNCIL\]001\010703E.wPd agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Lloyd "Nick" Nickerson Jr., OWNER It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 06 008 T:\P W DEPT\COUNCIL\2001 \O10]03b..pd 4.5 City Cop_perafion. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. WilEff I► I:a► 111 513Tl►1 a URM Lei► MIP :M I_ 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal IniuryTroperty Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $500,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, 0 6 9 contractors, subcontractors, or agents. 009 T:\PWDEPT\CO U NC IL\2001 \010703E.wpd 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Owners .i 2 of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant,. its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the 070 documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any 10 T:W W DEPT\COUNCIL\Y001 \010703b.wPd documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other 071 default concerning the same or any other provision of this Agreement. T:\PWOEPT\C0UNCIL\2001\0107036.wpd 011 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Exp ration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set off or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. • • • 1' • • •Wil R lug • 8.1 Non-llabifrty of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 072 )12 TA WDEMCOUNCIL\2001\010]03b.wpE 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Nickerson & Associates 68-955 Adelina Road, Suite 200 Cathedral City, California 92234 (760)323-5344 Fax 323-5699 Attention: John M. Freeland Attention: Nick Nickerson 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. 073 13 T:\PWDEPT\C0UNCIL\2001 \010703b.wpd IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jensen, City Attorney CONSULTANT Nickerson & Associates 68-955 Adelina Road, Suite 200 Cathedral City, California 92234 (760) 323-5699 Fax (760) 323-5344 Name: Lloyd Nickerson Jr. Title: Principal Date: WE 4 T:\PWOEPT\C0UNCIL\2001 \010703b.wPE Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: Prepare and submit necessary documents to, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. 2. Preparation and tracking of project schedules using Microsoft Project 4.0. Preparation of necessary correspondence, reports, and memos necessary to administer various City capital improvement projects, using Word Perfect 6.0/6.1 or higher version word processing program. 4. Assist with bidding procedures, prepare bid summary comparisons in a table format, make recommendations for City Council consideration to award Public Works contracts for construction. 5. Prepare and conduct informal request for proposals to construction support subconsultants, summarize proposals received and make recommendation for award of Professional Services Agreements. Monitor and report on project(s) status; budget vs. actual expenditures; contract time vs. actual time. 7. As necessary, prepare Staff Reports for City Council and/or Planning Commission consideration. 8. Act as an extension of Public Works staff while in the performance of the above referenced tasks. 9. Provide clerical support services for the Capital Improvement Division 10. At the direction of staff, prepare the annual 5-year Capital Improvement Program document for review and approval by the City Council. 075 015 010703b.wpd Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ONE HUNDRED FORTY-FOUR THOUSAND SIX HUNDRED DOLLARS, ($144,600) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a bi-monthly basis for time and materials expended, time cards will be submitted on a weekly basis for review and approval by City staff. All man-hour costs to be billed as follows and per the attached consultants statement of personnel hourly billing rates. Project Manager/Administrator $85.00 per hour Professional Civil Engineer/Traffic Engineer $92.00 per hour CAD Draftsman $45.00 per hour Clerical Support $30.00 per hour All reimbursables to be paid at cost, without mark-up or additional overhead. ALLOWABLE BUDGET: CIP DIVISION ADMIN & CLERICAL SUPPORT $119,600 CIP PREPARATION $ 10,000 PUBLIC WORKS SPECIALTY PROJECTS $ 15,000 076 �16 010703b.wpd EXHIBIT B - 1 NICKERSON & ASSOCIATES, INC. Project Management and Contract Administration 68-955 Adelina Road, Suite 200, Cathedral City, CA 92234 June 12, 2001 Mr. John M. Freeland, Senior Engineer City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Subject: Regarding FY 2001-2002 Administrative Support Services Contract Renewal Dear Mr. Freeland: Nickerson & Associates, Inc. (NAI) is pleased the City of La Quinta has chosen to renew our contract for Project Management and Contract Administrative Support Services for the 2001 /2002 fiscal year. Please accept the following hourly rates for incorporation into the FY 2001/2002 contract documents. These rates will become effective on July 1, 2001 and will remain in effect through June 30, 2002. Project Manager/Contract Administrator $85.00 per hour Professional Civil Engineer/Traffic $92.00 per hour CAD Draftsman $45.00 per hour Secretarial Support $30.00 per hour NAI will continue to provided reimbursable expenses, such as messenger, postage, CAD plots, copying, etc. at cost without markup. As we discussed, NAI's hourly rates have increased slightly from the rates charged the past two years. The hourly rate increase is due to the higher cost of Professional, General, and Auto Liability Insurance, and other overhead factors. However, NAI has chosen, as in the past, not to apply any additional markup for profit due to the 12 month duration of the contract. In the future, should our direct costs be reduced, any savings realized will be passed on to the City. I look forward to continuing to provide the City of La Quints with Professional Project Management and Contract Administrative Services. Sincerely, At� LLOYD PIICKERSON, JR. President 077 Fax (760) 323-5699 Phone (760) 323-5344 Pager (760) 836-4257 17 Exhibit C Schedule of Performance Consultant shall complete all services within TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. All services to be completed within the fiscal year 2001/2002 010703b.wpd 018 078 Exhibit D Special Requirements This contract shall be annually renewable, if both parties are in mutual agreement, for a period not -to -exceed one additional year, for a total of three years in duration, without the expressed written approval of the City of La Quinta City Council. 010703b.wpd 079 79 t AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 3, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: _ Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision PUBLIC HEARING: Improvement Agreement for Tract 24197-2, Monticello, Century Homes Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 241 97-2, Monticello, Century Homes. � sm None. Tract 24197-2 is located west of Jefferson Street, north of Miles Avenue and south Fred Waring Drive (Attachment 1), and consists of 38 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of June 21, 2001, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (August 3, 2001), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required T:\PW OEPT\COUNCIL=01 \010703e. wpd M items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 24197-2, Monticello, Century Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 24197-2, Monticello, Century Homes; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer (Approved for submission by: Oe l L���l?iCG✓! Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement M T;\P DEPT\COUNCIL\2001\010]03e. wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 24197-2, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 24197-2 is conditionally approved provided the subdivider submits all required items on or before August 3, 2001. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's 082 satisfaction. O�3 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 3, 2001. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this V day of July, 2001, by the following vote, to wit: AYES: IL1[*I:" ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. 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S� - -� N mx•=o• w AVENUE ENUE �W aY yW ux •M"v ��mW 9� Aorr LI-11. - oer .r 1. ow.ee JEFFERSON 'n mzo•m• w e.zn_ • `cur u..�re. -trey =. r,.am STREET Attachment 3 CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 24197-2 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 26th day of June , 20 01 by and between Monticello, LLC, a California Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 24197-2 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 089 T:\PWDEPT\STAFF\Martinez\Tracts\agreements\24197-2.wpd Page 1 0Lf 11 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of " R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdividers expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 090 T:\PWDEPr\9TAFF\Martinez\Tracts\agreements\24197-2.wpd Page 2 of 6 �)12 2) For liens on real property as described in Paragraph 5) of SECTION 3.6., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdividers share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt T:\PWDEP-RSTAFF\Maninez\Tracts\agreements\24197-2.wpd Page 3`gfj3 r 0li I to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdividers obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall fumish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Imorovements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Buik," "As -Constructed," or "Record Drawing," the marking shall be stamped 099 T!\PWDEPT\STAFF\Maninez\Tracts\agreements\24197-2.wpd Page 4 of 6 014 by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. SeverabiliN. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\STAFRManinez\Tracts\agreements\24197-2.wpd 093 Page 5 of 6 k� 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: Title: ary Weintraub Vice President By: Il�L��[1 Title: Marty butler, Project Manager Reviewed and Approved: City Engineer Approved as to Form: City Attorney T:\PWDEPT\STAFRManinez\Tracts\agreaments\24197-2.wPd Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760f777-7075 Monticello LLC, A California Limited Liability Co. By Century Crowell Communities, LP, A California Limited Partnership, Managing Member, By: Century Homes Communities aCalifomiaCorporation, KsGeneral Partner (909)381-6007 June 26, 2001 Date Date Date Date June 26, 2001 094 Page 6 0 8 ��is Exhibit A SECURITY - TRACT 24197-2 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading 143,290 143,290 Streets 142,150 142,150 Domestic Water 70,200 70,200 Sanitary Sewer 12,600 12,600 Dry Utilities 68,400 68,400 Perimeter Wall 36,000 36,000 Monumentation 10,000 0 Construction Subtotal: $482,640 $472,640 Engineering & Plans (20% of Construction) 96,528 No -Plans Contingency (25% of Project) 144,792 Total: $723,960 095 Q17 NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES, A CALIFORNIA CORPORATION 7n February 2, 2001, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was Aeld at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a California limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Marty Butler, Rod Grinberg and Dave Cooper. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as dice President, or David J. Miller, as Assistant Secretary, signing alone (or, if required, either Gary Weintraub or David J. Miller, together with any Project Director) are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Joyce Montgomery or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: February 2, 2001 W. ATTEST: ErneVincent, AssistantSecretary 96 Upamimu \cmp=W20201.doc 'w 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 261h day of June, 2001 before me, Christy Jean Williams, Notary Public, personally appeared Gary Weintraub and Marty Butler, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. [nia eiae [oi Official tb[eiial Saal WITNESS my hand and official seal. ti&'� Signature o ota Public CHRISP! JEAN WILLIAMS CommInfon Y 1293933 Notary PubAc - CalBamia San Bwnardino Cosmlr MyCorrrtn.FrimFeb 11a2MS I0i611111AUt►Yti�=4 City of La Quinta Subdivision Improvement Agreement Monticello - Tract 24197-2 t' 01 T4t!t 4 Quhtm AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Denial of Claim for Damages Filed by Renette Jensen - Date of Loss: February 26, 2001 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: Sp_ STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Renette Jensen, with a reported date of loss of February 26, 2001. FISCAL IMPLICATIONS: The total amount of the claim was $1,288.22. None. BACKGROUND AND OVERVIEW: A claim was filed by Renette Jensen, with a reported date of loss of February 26, 2001 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2). Correspondence was sent to Ms. Jensen on April 26, 2001 by Carl Warren & Co. outlining their recommendation to the City. (Attachment 3)• FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Deny the Claim for Damages filed by Renette Jensen, with a reported date of loss of February 26, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. o Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: 'Thomas P. Genovese, City Manager Attachments: 1 . Renette Jensen Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Ms. Jensen 099 002 FILE WITH: CITY CLERK'S OFFICE FORM #1 (FRONT) � CLAIM FOR DAMAGES ATTACHMENT 1 . . -gin j"" TO PERSON OR PROPERTY LA QUIPTA, CAL. 92253 CLAIM No. RECEIVEp 2 n� Q P _ a INSTRUCTIONS 1. Ciaims for death, injury to person or to personal property must be riled not later than six b E j 3.- 32 months after the occurrence. (Gov. Code See 911.2.) 1 C l T Y 0 F L Q �F 2. Claims for damages to reel property must be filed not later than year after the occurrence. f T Y (, i • O JOFFICE (Gov. Code Sac. 911.2.) K 3 Read ends Wim form before filing. 4. See page 2 for diagram upon which to locate place of accident. - S This claim form must be signed on page 2 at bottom. & Attach separate sheet, H necessary, to give full details. SIGN EACH SHEET. TO: [Name Of City] u �� I I I� Data of Binh of Claimant Name of Claimant }� Occupation of Ctai am S ecre as H Address of Claimant City and State Home Telephone Number 7 V Business Address of Claimant City and State k±rA 84sineu TTelephons Numlr Give address and telephone number to which you desire notices or comthunications be sent , I regarding this claim: L.i Claiimllaa`✓✓/nt's Social Security No. - -7 © 56 �- Z�O't '5 G 5 l ` -�} g g When did DAMAGE or INJURY occur? Data I --210 -n( Time 2'30 PC KA Names of any city employees involved in INJURY or DAMAGE If claim Is for Equitable Indemnity, give date claimant served with the complaint: Data When did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from I ndm q C,o<-Y-\ o� %ve_-nn�o.r0t\cRt3el ��as c�ocv\c� .TLA-fr,jrG� J Describe in detail how the DAMAGE or INJURY occurred. �. OTC u s esQ tW h.er1�1 i c\kO �012 0�0� t khoce�����le(SOtt-MyNAcr. T was (� c ece.cQ�u beVFW y;ovs beca�.s�a�e �a;r.uJ4�el\ S wcs Why do you claim the city is responsible? AV o` �C`���y 66 %%e c��'} �o�� wee �� (kJ ck-s Oki o g� emu. 1. -�� ice- a. 0,eep l'oCo o Was CoUer b �Ja , `fin `The SV(-eEts S�nov & incav (�, b Eer\ 6 o s eQ alLl fo Describe in detail each INJURY or DAMAGE �OII (0.�2 t n0�caci�q or� tlY�oT car - �p, 'Pr0 �- t\AeI7- b04- SrCcr " O �U(se_ ACwno- e �1riVPs� J SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 100 004 FORM #1 (BACK) The amount claimed, as of the date of presentationaf this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ......................... $ Expenses for medical and hospital care ......... $ Loss of earnings ............................5 Special damages for ........................5 General damages ...........................$ Total damages incurred to date .............. S Total amount claimed as of date of presentation of this claim: Future expenses for medical and hospital care .... S Future loss of earnings ....................... $ Other prospective special damages ............ S Prospective general damages ................. S Total estimate prospective damages .......... S S a-- ry-o.� FO r- 1Va,22Vk-S bt'ma!�e Was damage and/or injury investigated by police? n O If so, what city? Were paramedics or ambulance called? r O If so, name city or ambulance If injured, state date, time, name and address of doctor of your first visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Address Phone DOCTORS and HOSPITALS: Hospital Address Date Hospitalized Doctor Address Date of Treatment Doctor Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle including North, East, South, and West; indicate place of accident by at time of accident by 'A•1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street comers. the time of the accident by "B-1" and the point of impact by •'X!' If City Vehicle was involved, designate by letter ' A" location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. Q 0 (Y V SIDEWALK CURB hvC'6ecrnUA0'S wnta PARKWAY SIDEWALK 7 r -I E Signature of Claimant or person filing on his behalf giving relationship to Claimant: Typed Name: Date: 101 NOTE: CLAIMS CLERK (Gov. Code Sem of a false claim is a felony (Pen. Code Sae 72.) 005 n3/tl(/26b1 15:b8 7b(13422234 L44--ibut iAJL.LISIUV HAUL tl1 Fax Coversheet Hera 3-7-01 TO: Name 7:j�one_�+m .,ievLraeV1 Company Fax # 77 Oci 7 b FR: Name i✓ 04c,/^ RE: QpJA&,t`p G4 to 6x--, Total of � pages being sent, including this sheet. Message: .Indio - Avenue 44 82-279 Avenue 44 • Indio, CA 92201 Ifyou have trouble receiving anY or all of the pages, please call sender at 760.347.3866, or fax to 760.342, 2234 102 006 03lbi/zbbi lb:ub 7bVJ4224J4 LA .L m UULLIZWN rAL tlL Dry urM Ndrr PM ENW MM HD: for 10*mftYardaa: • p++M►�«y NaAMr 0 STANWRO ftW Code Ad* Molly 12-MAwIMM44AidaCA MM vm3a4m F.0 (7" 30404 •TU VALMY'M =MT MIl•A;11 1970" DmRWAmmmW@y: M=pCRRO Doduar4 a: UNKNowM amm RlNETTEiIlA m Ad*m&- PO MOX 12M LA MMA. CA Ma Talyhmm NtlhMHMmha: f M)S•WNi• MMMall2wvlea: 1Hfar MalyDaa 2Mo oLtMad�CMe� YIN: Ranw122dTN1mu Dow Taft UL MI.OyI AO Um sonM or � Llftbm Lubw �MDY 1 dN•92 CYRAL RCMA2MY i6Mmiar Ad M�Mh 2 222•i1 MDY MMOA VWWALL L FRr comet q mw LAID !i 0 ` 1M MDY ra"m LFINDIMPANRI. 2A: �0 MS RFF MWWM LFMNDMCt"V= 4ro • i HN•••0 MDY• MEMqSAWLApM mw RMWMNNEPM F WW LOVAM VAL& M C 24 N•.M• so r NNN PROMLOVMMYALMM" LMFTANDA: O� • 1d' 2 M MY' 2DY• ALp� LEFT FENOMIA v IAI • AL AUTO REF ADMOPR CLEARCOAT d• 1• AM ADDIOOMT PAWMATMMA 1A' 11 AUTO ADDLOW SHOP MAMMA 12dAi ILV*o ADULCp•T RAiAM110wwA•TH!DMhOsgt 4a, '-JMdgdDIMDIAM•m 0 - Labor Note Appms C - bHCMHdhd in Cbw Cod CMk EMIRATE MMALL NIRAWk V?41 IL-# M 14V MMe Caft VonHhrc ,,4IA{AA-AI �hMw N. Tradmwk e/ MMkhM AMMSY1m a UNFdAme VWWPM a.•.ii• CAN �m RRw" Rmwvod1�Hnraltleiar p"w 1 or 2 103 007 17J/w 11 zOdI II: bb !bUJ4LGLJ4 L"-IbtK wLLiniuv rHU_ no now 317A1 om pM OdOrrkmk 1oH 4OIOM verelon: 0 pmvA ATANDARO Amn L LetarsuOOo & Uwe "We LMM Amint SCSI A� *AD TakM 0. Pet Rrp0lorwnt Ouwwomy AmeyAl Rwk"u SA 70.M *Ae O.ee am OOO.M "0.00 TOSOtde t+Mb Slim ti0ietT" � 7J00% et.OP rkoTaebi.4 eenr eseAs Taw Repkee ftM PW t0 AMOM Laser Sam "TAT M. Addilo"Ooek Taaa0kt:fflb Arreux ro' s Arwnt 9"Taa P.M% t�M COel6nerllupaneDdl0y MO Nan-Tomm Carte OAO TodAddaiwA om b - tin S. ToWMpkOedunlP%ft IM. 7ew AditlDa W Corw OdAP ereY Tehk 144.7i t,e0m W. T041 A4Mtetnribc 7 i 00 t! na rew: h wwwwo ow mam omm -This 400e9e rePOrt is based on our visual inspection. Poesibls Additional desrgr Dry be di.roovwd after diem mtliaq. -Part Priors are subieot to change as per our invoioe. tipkm to smforeseen airauAstAnoes in the repairing Of autonwbiles, we lregrberet of that days wr fooanr onlyrepairstarget, not Pram{se, a eoDpletion data. iWta,���` +A1.T PIDOefC ra otrARA1OTilp FOle aR Low J65 ym t]Oo1P Tara VYIi=m. "I MM MMALL NUAMM- OI PAN I0lgM "W JAN_ ►MrOMrkkOTY400"Ao/M W10o n0ikyt ummm"DDwou" AO.6soN A /i011q_I Nre 104 0 :) 8 TO: City of La Quinta ATTENTION: John Ruiz,Personnel Risk Manager RE: Claim Claimant D/Event Rec'd Y/Office Our File ATTACHMENT 2 March 13, 2001 Jensen v. City of La Quinta Renette Jensen 2/26/01 3 /g/01 S-109332-DBK We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY c Ii Dwight J. Kunz cc: CJPIA A,/enc. Attn.: Executive Director CARL WARREN & CO. 105 CLAI AS MANAGEMENT.CLAIMS ADJUSTERS 750 The City Drive . Ste 400 •Orange, CA 92868 0119 Mail: P.O. Box 25180. Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Par: (714) 740-9412 ATTACHMENT April 26, 2001 I ette Jensen ). Box 1255 Quinta, CA 92253 RE: Principal CJPIA Member City La Quinta Claimant Renette Jensen D/Incident 02/26/01 Our File S 109332 DBK Dear Ms. Jensen: As claim administrators for the self -insured City of La Quinta, we have made a careful examination of the circumstances surrounding the captioned occurrence and feel we have enough evidence to make a decision on your claim. After evaluating the facts, we have reached the conclusion that our principal is not responsible for this occurrence. We are sorry we are unable to recommend settlement of your claim to our principal. Our investigation reveals that the contractor working in the area was Granite Construction @ 38000 Monroe Indio, CA 92203 phone: 760-775-7500. We have sent a copy of your claim to them and are, requesting they contact you with their findings. This letter does not affect the notice that will be sent to you by the City of La Quinta regarding disposition of your claim. c: City of La Quinta cc: CJPIA Very truly yours, CARL WARREN & CO. Deborah Been CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Suite 400. Orange, CA 92868 Mail: P.O. Box 25180. Santa Ana, Ca 92799-5180 Phone: (714) 740-7999. (800) 572-6900 . Fax: (714) 740-9412 106 010 Granite 38000 I April 26, 2001 92203 RE: Principal CJPIA Member City La Quinta D/Event 02/26/01 Claimant Renette jensen Our File S 109332 DBK We are claims administrators for the self -insured City of La Quinta. Attached is a copy of a claim received by the city for your review. Since the City of La Quinta contracted with you, we are tendering this claim over to you for your investigation and handling. Please contact the claimant directly with your findings. Please confirm receipt of this claim by signing the acknowledgement block below and returning it to the undersigned. Very Truly Yours, CARL WARREN & CO. Deborah Been ACKNOWLEDGED: DATED: Enc: cc: cc: Copy of Claim Reply envelope City of La Quinta CJPIA CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400. Orange, CA 92868 Mail: P.O. Box 25180 . Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 a (800) 572-6900. Fax: (714) 740-9412 107 T4ht44Q" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Denial of Claim for Damages Filed by Lance and Susan Reibsomer - Date of Loss: February 01, 2001 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Lance and Susan Reibsomer, with a reported date of loss of February 01, 2001. FISCAL IMPLICATIONS: The total amount of the claim was $129.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Lance and Susan Reibsomer, with a reported date of loss of February 01, 2001 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2). Correspondence was sent to Mr. and Ms. Reibsomer on May 18, 2001 by Carl Warren & Co. outlining their recommendation to the City (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Lance and Susan Reibsomer, with a reported date of loss of February 01, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 1()R Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Lance and Susan Reibsomer Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Mr. and Ms. Reibsomer n . 101) TILE WITH: CITY CLERK'S OFFICE F.O. _BOX TSMA FORM #1 (FRONT) l'- CLAIM FOR DAMAGES ATTACHMENT 1 LA QIIINTA, CAI,. 92253 TO PERSON OR PROPERTY fittRItmvu' I NAY -9 A> E 59 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six C T Y OF LA O U I N T A months attar the occurrence. (Gov. Code Sea 911.2.) I Y CLERK ' S OFFICE 2. Claims for damages to real property must be filed not later than 1 year after The occurrence. C (Gov. Code See, 911.2.) 3 Read emirs claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. S This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of city] ') % Date of Bi h of Claimant / f s 2- __et' (� lL Name of Claimant ' u a ton of Claimant Home Address of Claimant City and State Sl—Lf'Y'0 fi fi10i/a �Q(u hJr-, i Home Telephone Number bd1 fG°I�s36 Business Address of Claimant City and Siats /"-- �3 s Bus ass'telephone Number .31a —yS66 Give address and tel hone number to which you desire notices or communications to be sent ClIiiimant's Social Security No. atom three&iq S.3 b 9 S �g yZ—mod y� va When did )AMAGE or INJURY Dccur? ` Names of any city employees involved in INJURY or DAMAGE Date 0 Ja"'riime It claim is for E4uitabli Indemnity, give date claimant served with the oo IaiM: Date Where did DAMAGE or INJURY occur? De tribe fully,and locate i ram on revs a si a of this set. Where appropriate, give street names and „address Ylto measurementsG from l nd, . w V P, 991 � j, u 6 � IILL��.. j h. E�.W 4� wvRJ" yam" ^" ilduSG. 61g20 Cal le of Iv )L� f (�fv(d� G Describe in detail how the DAMAGE or INJURY occurred. 64„4 layJ hs4rrIaS D I Shvt� YJd5 keuj �17 ��✓sumo� W ty do you claim the ciN is responsible? S > �J_ L _ .J ...! eM4y 4(71 L lvi C/SYI �l�.heP Ii1 Vf (1s '4 /i , Describe in detail each INJURY or DAMAGE `� l ep d I 'vi- d- hid �S k S l ti rfi Lt 110 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE oi)4 FORM #1(BACK) The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): ]_ Estimated prospective damages as far as known: Damage to property ......................... E Future expenses for medical and hospital care .... E Expenses for medical and hospital care .........E Future loss of earnings ....................... s Loss of earnings ............................ $ Other prospective special damages ............ s Special damages for ........................ $ Prospective general damages ................. s .. E General damages ...........................E Total estimate prospective damages - ....... —17 Total damages incurred to date .............. Ei_i- Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by police? If so, what city?_ Were paramedics or ambulance called? %-' "'If so, name city or ambulance If injured, state date, time, name and address of doctor of your first visit DOCTORS and HOSPITALS: Doctor Doctor Address Date Hospitalized Address Date of Treatment Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle including North, East, South, and West; indicate place of accident by at time of accident by'A•t" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners. the time of the accident by "B-1" and the point of impact by' X:' If City Vehicle was involved, designate by letter "N' location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. CURB bignature of Claimant or person filing on his ban iving relationship to Claimant: MUST BE FILED WITH CITY SIDEWALK Sec. 9158). Presentation of a false claim is a Date: W (Pen. Code Set: 72.) 005 4 CARPET & UPHOLSTERY CLEANING 81-105 Pecos Place • Indio, CA 92201 7601347-1742 NAME: ADDRESS: CITY/STATEMP: TELEPHONE # 2 d QUANTITY UNIT DESCRIPTION WE ACCEPT NO. DATE: INVOICE ❑ ESTIMATE TECHNICIAN INITIALS CUSTOMER INITIALS - CHECK CREDIT CARD SUB TOTAL PRICE AMOUNT 11 TOTAL JENSEN'S CARPET & UPHOLSTERY CLEANING 81-105 PECOS PLACE INDIO, CA. 92201 (760) 347-1742 RE: PAST DUE INVOICE(S) Just a friendly reminder that our records indicate we have not received payment for the enclosed invoice(s). N check has already been mailed please disregard this notice. If you have any question please don't hesitate to call our office. Thank You, David Jensen Owner 113 007 May 9, 2001 TO: City of La Quirta ATTENTION: Johl: Ruiz,Personnel Risk Manager ATTACHMENT RE: Claim Riebsomer v. City of La Quinta Claimant Lance & Susan Riebsomer D/Event 2/1/01 Rec'd Y/Office 5/9/01 Our fiie S-109552-DBK We have reviewed the above captioned claim and request that you take the action indicated below: = CLAIiM -REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the noti_e sent, as requested above. 1f you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY S i Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. 114 CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 •Orange, CA 92868 008 Mail: P.O. Box 25180 . Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Fax: (714) 740-9412 Lance & Susan R 'bsomer 51-420 Call 'ola La Qui CA 92253 RE: Principal Member City Claimant D/Incident Our File Dear Mr. Ms. Reibsomer: May 18, 2001 CJPIA La Quinta Lance & Susan Reibsomer 02/01/01 S 109552 DBK ATTACHMENT 3 As claim administrators for the self -insured City of La Quinta, we have made a careful examination of the circumstances surrounding the captioned occurrence and feel we have enough evidence to make a decision on your claim. After evaluating the facts, we have reached the conclusion that our principal is not responsible for this occurrence. We are sorry we are unable to recommend settlement of your claim to our principal. This letter does not affect the notice that will be sent to you by the City of La Quinta regarding disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been vt/cl� City of La Quinta, John Ruiz cc: CJPIA, Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Suite 400. Orange, CA 92868 Mail: P.O. Box 25180. Santa Ana, Ca 92799-5180 Phone: (714) 740-7999. (800) 572-6900. Fax: (714) 740-9412 115 009 T-iht 4 4Q" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Denial of Claim for Damages Filed by Christine Skeffington- Date of Loss: March 15, 2001 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Christine Skeffington, with a reported date of loss of March 15, 2001 . FISCAL IMPLICATIONS: The total amount of the claim was $266.45. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Christine Skeffington, with a reported date of loss of March 15, 2001 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2). Correspondence was sent to Ms. Skeffington on May 18, 2001 by Carl Warren & Co. outlining their recommendation to the City (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Christine Skeffington, with a reported date of loss of March 15, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 116 Respectfully submitted, V - jr . Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Christine Skeffington Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Ms. Skeffington 117 002 hz2�lal� FILE WITH: CITY CLERK'S OFFICE A _ n Rf Y TrrrA CLAIM FOR DAMAGES ATTACHMENT 1 LA QDINTA, CAL. 92253 TO PERSON OH PROPERTY 1,LA1M NV. RECEIVED INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six 0111 MAR 3 J AM 10: 11 months after the occurrence. (Gov. Code Sea 911.2.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. CITY 0 t L A 0 U I N T A C IT (Gov. Code Sea 911.2.) ITYC(.FRK'S OFFICE 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. fl Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of city] Date of Birth of Claimant I-Wf5 t Al i / 5 Name of Claimant Occupation of Claimant J Home Address of Claimant City and Stale Home Telephone Number 5 TN L / - Business Address of Claimant //I/X'VS City and State Business Telephone Number / / f C Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No. regarding this claim: L j7- _ b When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date -3'/6—O/ Time %.'SU /ai» If claim is for Equitable Indemnity, give date claimant served with the complaint: Date Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sneet. Where appropriate, give street names and address and measurements from landmarks: ON JEFF;iZ56N -57 /� IN72'-e6eCnON OF AV. `/&' Describe in detail how the DAMAGE or INJURY occurred. -77 W," 7-/2K}VELLIIVC7 lJ021Id olv✓EFF��ZsON CPjHEN Gon/57RUC71QN /tJiYS -174kIN6 /'- L{7CC_, UMIV R&79Gl-I1N(5 W46- 0040 &*L) //Yr5 C!Sit N f37-AV Yrir :77 1n0VL--V IN7U774LE 2fOHT "AQ /� 7UAW 7VCt-W&/.35 IA1016. AN &'k7246"L- AA/zCgL Yr✓2L0&0 001VISMUC72011 7;r-ccuC7zr2N6-V /rs Fi,_CNr 6:FNO, 0Ass//VC7 ONLY /4 ,A L= Frt=ZT Fe0o) IJCCR- CF 7-t6- 11065-Ht- Izv A AGUc H17- 771'6F CUNtut 7 7'eN C Cry /�5 TI>� OAY %�206/2�3S�D 77-/e- C 2,s4Ck- 9&-C qM6 1,noe-E P2GGUGG[NCfJJ. JA Why do you claim the city is responsible? 0/PON oe&67)CNtA/0 /a?Y OL /K tF Ur- U-)OAP- <-r-A7&-7LOty 3-/s-0/(9--0AM),, ,L PIKN67) 77-FE C/r}' M -5PePlfte- 7-077it EpVOINEc� H430U7—T7tb D19m14CrE., Z F4Z W/10tF /&572 (i6T6'P�"/N&::5 I-IC)6.) C.'C.OSe- 00A15Tkt-C71cN 7RKt3 P6nClr 70T74!F .6,04 I //y 101-tIC14 04/2,S 77LAt/e:R_ /S /3TT-9CILI- Zu. G6V106tS1-y 774e L'OA1577zuCT1ON 77EtzC�t GOIM-rCYICI 70 AT?7,4V&7-0NG /43n/&, IIV Z CGucO NGr /3EZ/Q/E /r LfJULv7L//2/y G /�� /ro7o w/rf/0ur �/�rrtN� mrc�R Describe in detail each INJURY or DAMAGE 046U<f� taA10 14162Gi - HO/KID lkCOPo f5V 'In 118 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 004 - wn-5 70/-47 7o ccir?& /N A/vU r-0 e-,m. FORINT #1 (BACK) The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ......................... Expenses for medical and hospital care �I/ , $S $ Future expenses for medical and hospital care .... s ......... Loss of earnings ............................ $ Future loss of earnings ....................... Other prospective special damages $ $ Special damages for ............ I ........... $ Prospective general damages .................$ General damages ...........................$ Total estimate prospective damages .......... $ C-7 Total damages incurred to sate .............. $ Total amount claimed as of date of presentation of this claim: $ ;266---/6' Was damage and/or injury investigated by police? /V63 If so, what city? Were paramedics or ambulance called? A1C) If so, name city or ambulal If injured, state date, time, name and address of doctor of your first visiP WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name -.4 CI(- .Skery--rH15 —16f. Address .S�/11/. AtJ DI 4190 � Name Phone 5Co /-z3V39 DOCTORS and HOSPITALS: Hospital Doctor Doctor Address Phone rcaress Date Hospitalized Address Date of Treatment Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle including North, East, South, and West; indicate place of accident by at time of accident by "A-1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners. the time of the accident by "B-1" and the point of impact by' X:' If City Vehicle was involved, designate by letter "A" location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. CURB (q -4� AM veynature or l iannant or person filing on his behalf giving relationship to Claimant: � l%GLS %Zfi / . 7/G IL Typed Name: ft+LJ 0H/etsn&-731-e&7=��1A167VN Date: I CLAIMS WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pan. Code Sea 72.) WINDSHIELD P mostin AUTOOLASS ROS SERVICE F-I MAIN OFFICE: 26881 Jefferson Ave. - Murrieta, CA 92562 BAR #: A8177073 - (800) 705-7767 - FAX (800) 706-7767 rjCcet. i Office oricivelefe Office 01kethert Nvi Office E]Sar Simeri Office E]Signat Hit Office OS Lake Tali Office 375 Bristol. Ste 55 325N Atelactern 74991 Joni Drive, #7 1364Camino Heal, #120 19NE.21rlhStreet 19MLake rahi Costa Mesa, Escondido Peter Desert So, Heoradfirto Signal Hill S Late, Tahoe CA 92626 CA 92029 CA 92260 CA 92408 CA 90806 CA 96150 Bar I: AJ201294 Bar# AG206152 Bar #: AH206289 Bar #: AH208288 Bar# AH206290 Barrr AH20670 (714) 91584221) (760)781.1127 (760) M-593 (909) 889-8123 (562) 424-1509 (530) 543.1431 7 7 Q, G (I V 'l-IN 1 [411 Lr� OUI P I I f-f L WORK AUTH. BY: INV, # DATE "OW CUST. SALE # TYPE 12- CUST SOLD P.O. BY RESALE1 INSrL rt # BY YEAR , �jr MAKE 1 11.4 "1-' POLICY # MODEL H --TV —IN BODY STYLE AUTHO- RIZED # LIC. # CLAIM CODE LOSS DATE HOME Bus, DAMAGE PHONE PHONE CAUSE] OT. PART DESCRIPTION BLOCK SIZE LIST PRICE, TOTAL L 1-1" 165. 00 1 G 5. I-D 0 fit U, ri k 1 7.) t) P 1 ^:t nu r, C... Otto 6. 00 5.1 Oil I WI.77 S F;i i D 3 (D E I 1 11 o 1. d 1. r 5 0 0 35.1-1.141 3115.00 MCI 00 500 C& 13. f i-, it n a P A F' 4 rt 11 1 7" I 12 1 P kC T 'I 17T I\ r-) C/S. DURAIN60 : Ct OF D - -- " i� - 1, POYMEIN-1, �, C!1'l-.Tj.".-I W fit tipp PLEASE REMIT PAYMENTS/CORRESPONDENCE TO MAIN OFFICE COMMENTS: www.wInd9hI*Idpr0ft.00I" F-1 F F-1 E ODOMETER WIN# SPECIAL INSTRUCTIONS T A x pig fil LOSS REPORT You are hereby authorized to pay the sum designated as "Balance/Total" to WINDSHIELD PROS on full settlement of the loss under the policy; and upon such payment being made all claims and demands described above shall be thereby released. Shall part or all of the loss not be covered by insurance, I guarantee 120 payment on receipt of invoice. Terms of payment are days from invoice date. A service charge of % TOTAL E, G 4 5 per month ( % annum) will be added to past due accounts. If your insurance company or 3rd party administrator do no pay this invoice, you, the insured, will be responsible for the entire balance due. BALANCIr • The glass listed has been replaced / repaired with like kind and quality to my entire sells RECEIVED BY: /I, Ipi I authorized my insurance Company to pay the WINDSHIELD PROS directly for the glaft9 li charges, or Diapers. April 17, 2001 TO: City of La Quinra ATTENTION: .Torn Ruiz,Personnel Risk Manager ATTACHMENT 2 RF: Claim Skeffington v. City of La Quinta Claimant Christie T. Skeffington D/Event 3/15/01 Rec'd Y/Office 3/30/01 Our File S-109460-DBK 'We have reviewed the above captioned claim and request that you take the action indicated ibelov✓: a CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY Dwight J. Kunz cc: CJPIA Attn: Executive Director C ARL WARREN & CO, 121 CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive + Ste 400 • Orange, CA 92868 007 Mai!: P.O. Box 25180 • Santa Ana, Ca 92799-5180 ATTACHMENT 3 May 18, 2001 Christie Skeffington 52060 Avenida Alvarado La Quinta, CA 92253 RE: Principal CJPIA Member City La Quinta Claimant Christie Skeffington D/Incident 03/15/01 Our File S 109460 DBK Dear Ms. Skeffington: As claim administrators for the self -insured City of La Quinta, we have made a careful examination of the circumstances surrounding the captioned occurrence and feel we have enough evidence to make a decision on your claim. After evaluating the facts, we have reached the conclusion that our principal is not responsible for this occurrence. We are sorry we are unable to recommend settlement of your claim to our principal. Our investigation reveals that the contractor working in the area was Granite Construction @ 38000 Monroe Indio, CA 92203 phone: 760-775-7500. We have sent a copy of your claim to them and are, requesting they contact you with their findings. This letter does not affect the notice that will be sent to you by the City of La Quinta regarding disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been cc: City of La Quinta cc: CJPIA CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Suite 400. Orange, CA 92868 Mail: P.O. Box 25180 . Santa Ana, Ca 92799-5180 Phone: (714) 740-7999. (800) 572-6900 . Fax: (714) 740-9412 122 coo a U n . ons May 18, 2001 Granite CA 92203 RE: Principal CJPIA Member City La Quinta D/Event 03/15/01 Claimant Christie Skeffington Our File S 109460 DBK flAY 2 2 2001 � { „UT 0` LA pp041A We are claims administrators for the self -insured City of La Quinta. Attached is a copy of a claim received by the city for your review. Since the City of La Quinta contracted with you, we are tendering this claim over to you for your investigation and handling. Please contact the claimant directly with your findings. Please confirm receipt of this claim by signing the acknowledgement block below and returning it to the undersigned. Very Truly Yours, CARL WARREN & CO. Deborah Been ACKNOWLEDGED: DATED: Enc: Copy of Claim Reply envelope Q c% City of La Quintaj 7J" Kitt cc: CJPIA CARL WARREN & CO. 123 CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400. Orange, CA 92868 (----� Mail: P.O. Box 25180 . Santa Ana, Ca 92799-518o Phone: (714) 740-7999. (800) 572-6900. Fax: (714) 740-9412 I - T-it4t 44aw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Denial of Claim for Damages Filed by Paul Gore - Date of Loss: March 23, 2001 dXFI91LTA IJd4k907-1 10Mki9 BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Paul Gore, with a reported date of loss of March 23, 2001. FISCAL IMPLICATIONS: The total amount of the claim was $302.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Paul Gore, with a reported date of loss of March 23, 2001 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2). Correspondence was sent to Mr. Gore on May 1, 2001, by Carl Warren & Co. outlining their recommendation to the City (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Deny the Claim for Damages filed by Paul Gore, with a reported date of loss of March 23, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 124 Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Paul Gore Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Mr. Gore 125 002 AZI-� de11Ve,1*6 xl (FRONT) k CLAIM FOR DAMAGES ATTACHMENT 1 FILE VATH: CRY CLERK'S OFFICE P.O..Box I5P4 TO PERSON OR PROPERTY CLAIM NO. Lh QUISTA, CAL. 92253 RECEIVED pp 1 APR - 2 Ft, 1: 16 INSTRUCTIONS I. palms Ror dash. Injury to Pow at to personal propony must be tiled not Rotor Man six moms• oiler the occ umnce. (Goo Code Sec. 911.2.) 2. Claims for dunce to real pfocedy must be filed not later Man 1 year Offer Ins, eeeurranos. CITY 01 L r� O U I N T A (Gov. Code Sea 911.2.) CITY CLEPY'S OFFICE I Brad en6e claim form boWe filing. 4, See pas 2 No diagram upon wrncn m locos PROW a. WvF* S This *Iowa form must be signal on paps 2 at bollan. 3 Anech ascends shsses it necessary, to glue fun deftik SKIN EACH SHEET. Ta: [Name Oi Cityl LaQuinta Deft 12/23/57 tdCfawnam of 23/57 Name d Claimant Paul Gore Occupation Of Clalmmt Loan Officer Cp pr Home Address d CI Mmanl 54600 Avenida Carranza, La Uinta, CAfy2�n�3 a Q Home Tahphons Number 760 771-5523 Business, Address of Claimers 7 Corporate Park, Ste. 200 Irvine, CA 9L6nlgd SIR" a B 5lNumber 771-552323 Gwe address and to"hone number to which you desire notices or communications to be sent Csimam's Social Security No. �•u•^�ild^9'p�•�7•�l"E" 54600 Avenida Carranza, La Quinta, CA 92253 546-06-8786 MarcIiR23 20g1 NJURY oeeur7 PM Names of airy city ampbyses Involved in INJURY or DAMAGE Thrr N chin isfor Equitable Indemnity, 9W dale claimant served Unknown with the complaint: Dale W Ilene dwl oAMAOE w rNJUn4 eeew4 pees.&& wry, sod feeam en dle*ram M n warn awh of this aMat. Where aDDfODrias, ON* W" names and address and meewremems from hfldmorks: The damage occured on Bermudas Street in front of the post office where the streets are being repaved. Describe in detail how the DAMAGE or INJURY occurred. While driving in front of the post office preparing to check my PO Box a city truck passed by going south on Bermudas. Just as the vehicle passed the passenser rear tire flipped up a rock from the loose gravel and cracked my windshield. I tried and was unable to flag down the driver. My car was not able to go fast enough on that rough road. I did not want to sustain any more damage. Why do you cleft tin city is responsible? According to the city it was safe to travel on an unfinished road. The city sponsored the work and it was a city vehicle that flipped up the rock that broke my window. Describe In doled each INJURY or DAMAGE While driving on Bermudas near the post office where the road was being repaved a city vehicle passed my vehicle and flipped up a rock from the loose gravel and broke the front windshield. sac PAnc a (avow( THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 126 004 FORM NI (BACK) The amount claimed, as of the date of presentation of this claim, is computed as follows Damages incurred to date (exact): Estimated prospective damages as far as known: Wnaw to property ..................... . ... S 302.00 Future expenses let msdiesl and hospital ease .... S Expenses for medical and howrof care ......... S Future loss of earnings ...................... S Loss of own. . . .......................... S Other prospective special damages ...... S Special damages for ..................... ... S Prospective general damages ................. S Total estimate prospect" demaoes .......... S General damages ........................... S Total damaoss Incurred to date 3Tffv- Total amount clai, as of dole of presentation of this claim: S S302.00 Was damage and/or inf ury inwntlgaled by polce? no If so, whet city? Were pareetedke or art bolonce called? If so, reams city or ambulance if iniumd, slate date. time, name and address of doctor of your nrst vise _ WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone Name Address Phone DOCTORS and HOSPITALS: Address Data Hospitalized Address Data of Vastmertt Address Date of Treatment READCAREFULLY For as accident claims plan on following diagram names of straaw, or your vehicle when you first saw City vehicle, location ol Chy vshicle incknding North. East. South, and Weal: indicate piece ol acekwnt by at hems of accident by "lot•' and location of youreed or your vehicle at "X" and by showing house numbers or distances to street corners. the time of the accident by "15&1" and the point of knpact by -W. 11 City Vehicle was Involved, designate by Isdw "A" locollon of City NOTE: It diagrams below do not Ile the situation, ahach herMo a proper Vehicle when you first saw it. and by "B" location of yourself diagram signed by claimant. Post Office SIDEWALK CURB ___t Bermudas X Accident site l CURB PARKWAY SIDEWALK I - Signature of Claimant or person filing on Typed Nome. Dow: his behalf giving ship to Claimant: C J,i� Paul Gore 3/29/01 FILED WITH CRY of a wise dafm Is a TR.) 127 �:D U,A'�iM"j �j ALL STAK 6LASw an-688 CATHEUxuL LANYON #1W2 (760)321-8798 8AH4AC16569t. LANH/CATHEURAL L1TY m.0W CASH/CAIHLDHAL Q. 0J/26/01 PROVIDE AND INWAL\ Fax — — PAUL GURL Hm — — 0~00 1999 PUN|1AL 6HAND AM 4 DOOR 1 DW0133068NN Windshield (slr zontr> W7^85 Labor 60,00 2.0 Urethane, Dam, Primer 1"50 1 WKTU1330 Moulding 27"77 Wk — — All new parts provided License -- This is an estimate only, not an invoice for work performed Original Estimate Authorized by Phone # Date Time 195./1 27"77 0 L24.98 L*.Toh. 60"00 44*�f 16.87 301.85 0.00 301^85 A�� v`/`, TO- City of La. Quinta ATTE'N'TION: John Ruiz,Personnel Risk Manager RE: Claim Claimant D/Event Rec'd Y/Office Our File April 17, 2001 Gore v. City of La Q>zzinta Paul Gore 3/23/01 4/2/01. S-109459-DBK ATTACHMENT 2 We have reviewed the above captioned claim and request that you take the action indicated below: V CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please ccntactthe undersigned. Very truly yours. CARL WARREN & COMPANY 7 Dwight J. Kunz cc: CJPIA Attn: Executive Director CARL WARREN & CO. 129 CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 • Orange, CA 92868 t•Pa!l; P.O. Box 251 % - Santa Ana, Ca 92799-5180 007 Paul Gore 54600 enida Carranza La Q nta, CA 92253 RE: Principal Member City Claimant D/Incident Our File Dear Ms. Gore: May 1, 2001 CJPIA La Quinta Paul Gore 03/23/01 S 109459 DBK ATTACHMENT 3 As claim administrators for the self -insured City of La Quinta, we have made a careful examination of the circumstances surrounding the captioned occurrence and feel we have enough evidence to make a decision on your claim. After evaluating the facts, we have reached the conclusion that our principal is not responsible for this occurrence. We are sorry we are unable to recommend settlement of your claim to our principal. Our investigation reveals that the contractor working in the area was Granite Construction @ 38000 Monroe Indio, CA 92203 phone: 760-775-7500. We have sent a copy of your claim to them and are, requesting they contact you with their findings. This letter does not affect the notice that will be sent to you by the City of La Quinta regarding disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been cc: City of La Quinta cc: CJPIA CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . suite 400. Orange, CA 92868 Mail: P.O. Box 25180. Santa Ana, Ca 92799-5180 Phone: (714) 740-7999. (800) 572-6900. Fax: (714) 740-9412 130 008 May 1, 2001 Granite Constriic 38000J46tiroe Indio, CA 92203 RE: Principal CJPIA Member City La Quinta D/Event .3/23/01 Claimant Paul Gore Our File S 109459 DBK We are claims administrators for the self -insured City of La Quinta. Attached is a copy of a claim received by the city for your review. Since the City of La Quinta contracted with you, we are tendering this claim over to you for your investigation and handling. Please contact the claimant directly with your findings. Please confirm receipt of this claim by signing the acknowledgement block below and returning it to the undersigned. Very Truly Yours, CARL WARREN & CO. Deborah Been ACKNOWLEDGED: DATED: Enc: Copy of Claim Reply envelope City of La Quinta cc: CJPIA CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400. Orange, CA 92868 131 Mail: P.O. Box 25180. Santa Ana, Ca 92799-5180 Phone: (714) 740-7999. (800) 572-6900. Fax: (714) 740-9412 /� A T4ht 4 4au�w AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Denial of Claim for Damages Filed by Eleanor L. Shepard - Date of Loss: May 20, 2001 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: I Q STUDY. SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Eleanor L. Shepard, with a reported date of loss of May 20, 2001. FISCAL IMPLICATIONS: The total amount of the claim was $79.82. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Eleanor Shepard, with a reported date of loss of May 20, 2001 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2). Correspondence was sent to Ms. Shepard on June 8, 2001, by Carl Warren & Co. outlining their recommendation to the City (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Eleanor L. Shepard, with a reported date of loss of May 20, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 132 Respectfully submitted, Mark Weiss, Assistant City Manager Amp/proved for submission by: l G� Thomas P. Genovese, City Manager Attachments: 1. Eleanor L. Shepard Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Ms. Shepard 133 002 FILE WITH: CITY CLERK'S OFFICE n n n rcrrw rvsm wl I,rxurnt CLAIM FOR DAMAGES ATTACHMENT 1 TO PERSON OR VmVrtRIt LA QOINTA, CAL. 92253 RECEIVED `. I �i � Y 25 P,: J: 2 4 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec 911.2.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. _ CITY S i. is Q L1 IN T A (Gov. Code Sea911.2.) - CI-Y CL7.7"='S OFFICE 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. S This claim form must be signed on page 2 at bottom. 6. Attach separate sheets. if necessary, to give full details. SIGN EACH SHEET. TO: [Name of city] Clty of La ouinta Date of Birth of Claimant 02-27-46 Name of Claimant Occupation of Claimant F Home Address of Claimant City and State Home Telephone Number 760 564-2438 Business Address of Claimant City and State Business Telephone Number T\Tnnp at present None at nrpspni- Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No. regarding this claim: 52-885 Avenida Obregon (760) 564-2438 CIA 499-46-9740 When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date Q5-20-01 Time S•15 Pm None If claim is for Equitable Indemnity, give date claimant served with the complaint: n. Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give sneer names and address and measurements from landmarks: Two pot holes located directly south of the electrical box at La Guna de la Pa: in the east bound lane of Eisenhower. Describe in detail how the DAMAGE or INJURY occurred. I was driving with traffic and did not see the two pot holes until it was too late. LAY tire hit hard and totally schredded. The attendant at American Tire said that my tire still looked in good shape, exceptfor being schredded. Please see photographs. Why do you claim the city is responsible? There are three pot holes that could not all have occurred in just two clays, Saturday and Sunday. Several city vehicles patrol the area everyday, and animal control on the weekends. The pot holes should have been noticed by city staff and reported. Please see photographs. Describe in detail each INJURY or DAMAGE The back left tire that was schredded because of the two pot holes on Eisenhower was a Michelin that would have cost at least $135.00 to replace. I can not afford to replace that quality of tire at this time, so I had to replace it with a generic Michelin. SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVER J 0014 FORM #1 (BACK) The amount claimed, as of the date of presentation of this claim, is computed as follows Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ......................... E Zs 82 Future expenses for medical and hospital care .... S Expenses for medical and hospital care ... ...... E Future loss of earnings ....................... $ Loss of earnings ............................5 Other prospective special damages ............5 Special damages for ........................ S Prospective general damages ................. $ Total estimate prospective damages .......... $ n General damages ...........................$ Total damages incurred to date .............. $ 7 9 29 Total amount claimed as of date of presentation of this claim: $ 7 9 - g 2 Was damage and/or injury investigated by police? ye, If so, what city? T_ Quint a Were paramedics or ambulance called? n n If so, name city or ambulance If injured, state date, time, name and address of doctor of your first visit WITNESSES to DAMAGE,or INJURY: List all persons and addresses of persons known to have information: Name Ariri an Fnatpr Address 4R_1 M Vi gtA T amines Phone ( 7 r 0 ) S64-11 A Name ( ^-Ar,� ir�gnarf! Address T.n rTINA r9 ' 1 a pa7 Phone Name Address Phone DOCTORS and HOSPITALS: Hospital Doctor Doctor Address Date Hospitalized Address Date of Treatment Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle including North, East, South, and West; indicate place of accident by at time of accident by "A-1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners. the time of the accident by "B-1" and the point of impact by "X:' If City Vehicle was involved, designate by letter "A" location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. Z ,5 E� N IL 0 CURB 141-7- �I S�%lJ %i OW C.,� CURB 7 cTelC(4L. 4oY �A �< Signature of Claimant or person filing on Typed Name: Date: his behalf giving relationship to Claimant:1�3} Eleanor L. Shepherd 05-25-I NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code.) '82687571 DATE a�W1_D Ft ML'c tYAi;� v^x^s'r�t "s4"Tsw STORE # 'TRAM STOREADMESS TO Li. DL#:!37P CA 9Zc^.`.,'3 U-1i y SALESPERSON _.-._. _ ....... S.tt=Y'1L1 e 4 iirti., :f.^gIG. i*. Y4 :.1.. •:i..w- 6�f SUN Fish u.. S'5L ' M1 .AIM kRl Zest 6Rb'. Y.ws4eo 1 > - d T ar: , . E CKwttJ s a [1+'li.�iu —11 ,6 L Am 1 tXSC Wp�Nyy 'x V w LL43 uvi' fCf i , ity'40A1 1(Iy�I LS itY' i LttC' r.iep ^: }�r�n9'. ...�• ',firm .i�f-s t... _ 0402 �:i:. �e _,'4✓' li:SVin C.11il7i Y`)e 4L-- INCMOVER "m,�`7� R REPAIR? `'�1YIlAR .:pia t' hl arise R :ROTATION Lf 1^rl»1.�'-..'`"�kt R RE9AiANGE : - •+,'air o Mourrrxu� a�� '�, ® 1" .Y ��''��j�1 `t "i R• I f s 1 .i o C11AN6E SNOWSmew e ti y �^ra val- "a urd a :aapr�r sa L,�rdhoher wodp woo IMr,Aw Cl IRT[MACd.��"T n , S 7'h9 TM+il'_.._^'/'F.!'!v". Nt*r,`IAL 1„— I ..tw ur:, [gin •.: .•os. ,p,I4 telbNlln meayr6"ow�ri�nniM ew 0136 136 1 June 4, 2001 TO: City of La Quinta ATTENTION: John Ruiz Personnel Risk Manager ATTACHMENT 2 RE: Claim Shepherd v. City of La Quinta Claimant Eleanor L. Shepherd D/Event 5/20/01 Rec'd Y/Office 5/25/01 Our File S-109633-DBK We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY /11 C V Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400.Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Fax: (714) 740-9412 007 137 ATTACHMENT 3 June 8, 2001 Eleanor L. Sheh d 52-885 Aveni Obregon La Quinta, C 92253 RE: Principal CJPIA Member City La Quinta Date of Incident 05/20/01 Claimant Eleanor L. Sheherd Our File S 109633 DBK Dear Ms. Sheherd: As claim administrators for the self -insured City of La Quinta we have made a careful examination of the circumstances surrounding the captioned occurrence. The city maintains the roads on a maintenance program, which is all that is, required of them. They also conduct corrective maintenance when notified of problems. This action does not, however, make the city responsible for your damage. It is cost prohibitive and impractical to expect city crews to anticipate every possible condition that may cause damage. Cities are, therefore, insulated from responsibility resulting from conditions of which they have no knowledge or notice. Normally, insurance companies sell coverage whereby persons can insure themselves against damage resulting from an occurrence such as this. If you have not already done so, you may want to consider submitting your claim to your insurance company if you purchased such coverage. The letter does not affect the notice that will be sent to you by the City of La Quinta regarding the disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been cc: City of La Quinta cc: CJPIA CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400 . Orange, CA 92868 Mail: P.O. Box 25180. Santa Ana, Ca 92799-5180 Phone: (714) 740-7999. (800) 572-6900 . Fax: (714) 740-7992 0ID8p Ds s GOVERNMENTAL ENTTI'Y PRELIMINARY REPORT TO: Carl Warren & Company DATE: 06/08/01 750 The City e, Suite 400 CLAIMANT: Eleanor L. Sheherd O ge, CA 92868 FILE NO: S 109633 DBK D/EVENT: 05/20/01 FILING DATE: 05/25/01 SIX MOS.: Yes PRINCIPAL/CITY: CJPIA/City of La Quinta. RECOMMENDED ACTION ON CLAIM: Claim Rejection. FACTS: The claimant alleges damage to her vehicle that resulted when she drove over a pothole on a City roadway. The City will provide a report from public works pertaining to the history of repair and complaints. POSSIBLE CO-DEFENDANTS: None. EVALUATION: Doubtful liability, the City maintains the roads on a regular basis and when notified of a problem. RESERVES TYPE OF CLAIM AMOUNT 1. Eleanor L. Sheherd LPD $135 00 COMMENT/WORK TO BE COMPLETED: Diary for a copy of the rejection from the City, sent to the claimant. Our further report will follow shortly. Very truly yours, C N & COMPANY De or Been cc: City of La Quints, Attn. John Ruiz cc: CJPIA - Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400. Orange, CA 92868 Mail: P.O. Box 25180. Santa Ana, Ca 92799-5180 139 Tht44Q" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE• Denial of Claim for Damages Filed by Fernando Castrejan - Date of Loss: May 18, 2001 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Fernando Castrejan, with a reported date of loss of May 18, 2001. FISCAL IMPLICATIONS: The total amount of the claim was $1,858. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Fernando Castrejan, with a reported date of loss of May 18, 2001 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2). Correspondence was sent to Mr. Castrejan on June 8, 2001, by Carl Warren & Co. outlining their recommendation to the City (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Fernando Castrejan, with a reported date of loss of May 18, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 140 Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Fernando Castrejan Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Mr. Castrejan 141 FORM #f1 (FRONT) x14 ; �T, -; Z— ""° """ CLAIM FOR DAMAGES - CITY CLERK'S OFFICE O P.O. _BQZ I501 TO PERSON OR PROPERTY LA QUIPTA, CAL. 92253 ATTACHMENT 1 RECEIVED IWMUCrIONS 1. Claims for deaf, in)ury to person or to personsi property must be filed not later than six tfte otxortenee. (Gov. Coda See 911.2.) 71101 MAY 2 4 months after P, ; 3: 07 2. Claims for damages to real property nNM be filed not later than 1 year after the occurrence. (Gov. Coda See9112.) CITY OF LA OUIiNTA a Read natrsclaim form before filing. CITY CLERK'S OFFICE 4. See pays 2 for diagram upon which to locate place of accident. S ThlsWim form must be signed on page 2 at bottom. �7 S, AYoh separate sheets, it necessary, to give full details. SIGN EACH SHEET. TO: [Name of city] ate Bt CII Name of Claimant Occupation of Claimant Home Address of Claimant C ty a Stop L Z 53 Home Telephone Number S L I CA .— 0 Business Address of Claimant Ciry and S Business Telephone Number ( - Z-7 Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security Na regarding this claim: When did DAMAG or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date �/ t o i T1ms P:O 0 - If claim 13hx Equhsbls Indemnity, give date claimant served with the complaint: Date Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side or this snot. Where appropriate, give Street names and address and measurements from landmarks: Describe in detail how the DAMAGE or INJURY occurred. Z wo5 ,�lrh5 not )C)nj on �3 � s�. in �e Z l ! 1 �GPi2�c�G�nr/tcJe t��kG�Sccf}�clv� c>� CtC �Z CAS tags 41u e aor��bpvnd , Ck VC�LU L �✓� �U'rt 0� C'0-01 OvClf (A PI C p� �� ' 1 � u d� ra)r Ca,-- run uucr Why do you claim the city is responsible? II 211-EcuuSe SGn (fE -5► -1� r nC),j e � �-o 4 QJ n C� fI'ck).\(,( '.Lb bey✓ Ii1CC ��Aa� 1n 6cad C v.rj 1 un an\^Gv(1nc0/ G% Describe in detail each INJURY or DAMAGE h 1,, ( 1 VAC V-(, CA.-C�;i �1� iv \L�Sl1 �1 g"` 1 CI�OU� -CeVCrf1 °L ry,0 S ta SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 004 FORM #I (BACK) The amount claimed, as of the date of presentationof this claim, is computed as follows: Damages incurred to date (exact): _ Estimated prospective damages as far as known: Damage to property .......................... S l . > 6 3 Future expenses for medical and hospital care S Eepenses for medical and hospital care ......... $ .... Future loss of earnings ................ ..... $ Loss of earnings ............................ S Other prospective special damages Special damages for ........................ S_tC Prospective general damages ................. 5 General damages ...........................5 Total estimate prospective damages .......... S Total damages incurred to date .............. $ Total amount claimed as of date of presentation of this claim: S Was damage and/or injury investigated by police? If so, what cw Were paramedics or ambulance called9 If so, name city or ambulance If injured, state date, time, name and address of doctor of your first visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Name Phone Address Phone DOCTORS and HOSPITALS: Hospital Address Date Hospitalized Doctor Address Date of Treatment Doctor Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle including North, East, South, and West; indicate place of accident by at time of accident by "A-1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners. the time of the accident by "B-t" and the point of impact by "X:' If City Vehicle was involved, designate by letter'W' location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. Signature of Claimant or person filing on his behalf giving relationship to Claimant: PARKWAY Typed Name: 11 BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a ArVIL CHAMPION MITSUBISHI 68-130 KYLE ROAD CATHEDRAL CITY, CA 92234 (760) 770-7100 ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS INVOICE IN THE ORIGINAL PACKAGE WITH ORIGINAL PART NUMBER ATTACHED. NO EXCEPTIONS. NO RETURNS ON ELECTRICAL OR SPECIAL ORDER PARTS. NO RETURNS AFTER 30 DAYS. 20% RE -STOCK CHARGE ON ALL RETURNED PARTS. DISCLAIMERS OF WARRANTIES Any warranties on the product sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. rE ENTERED I YOUR ORDER NO. I DATE SHIPPED I INVOICE DATE auvmr•c 0 ACCOUNT NO. 9 L D CASH RETAIL T O VIA I SLEM. I B/L NO 3 034 687004 1 ? SO W351286. 68?014! 1 1 SO 4621105 1101 101 SHOP H PAGE 1 OF 1 P T 0 POINT *.GASKET,*.GASKET,E 12.001 12.00 36.0 PIPE, 380.,53 380...53 ,380,5 GP;SKET; 12 fl' * OIL PAN; 26 26 4�1.b:�! FUEL T 413.8E 413.851 413.8 10/30 OIL 0.59 0.59 5.9 WASTE OIL 2.52 2.5 2.5 BRAKE-CL 2.8; 2.8 5.7 RED SILTC` 5.0 5_.09 -5.0 3848 * GASKET, 2.11 2.11 2.1 -i AA'7 * Q'MATMrV 10 11'7 'JQ 1`17 70 n -TLTr'qt- OIL AND FILTER CHANGE & CAR WASH $21.95 !!! FACTORY ACCESSORIES 10% OFF K YOU FOR YOUR BUSINESS ! LU70-m S SIGNATURE x WELCOME TO THE DESERTS' #1 MITSUBISHI DEALERI WHERE QUALITY IS BUILT IN. SERVICEIPARTS HOURS: MONDAY TO FRIDAY 8:00 a.m. - 5:00 p.m. SATURDAY 8:00 a.m. - 2:00 p.m. CUSTOMER COPY fi1Abp 144 01116 STALE OF CALIFORMA TRAFFIGCOLLISION REPORT CHP 5% PC Page I (Rev 8W) OP1042 pops 1 w 6 SPEOLLCOARIOFLR NAEER RMRN Nil" FLIa. Cm Judcm DIEMICT Loco REPORT MJABER 0 LA QUINPA DESERT LAR01138017 0 M ❑ REra" bf m SEAT RIVERSIDE 909C 315 CDUIDallomIRREO on: MO MY YEAR TDKB Moo( NCICE OFFICER I.O. WASHINGTON ST. 05/18/2001 0815 3300 N242 U AN.ENST BOOAMTKN: DAYOFRREK FRIDAY TOIN~ YEc No PHOTOOR BY. ®NONE O J AT MIEIISELTIOI VNTI: STATE HWY REL OR YES NO PARTY DRMER% LICENSE MNBER STATE CLASS SAFETY VEN.YEAR MAREIMODELICOLOM LICFNBE MRAKR CAW A8840710 CA C E.P. G 00 M1TS DIAMANTE ORY CA DRWER NAMNFNST. MDOLE. LAST) ROBERTO FERNANDO CASTREJON ON RswvE ©sAMEAsORVE PEDEB- TRDN STRmADDRE&B 52860 AVENIDA CARRANZA aBmERS AovREss f sWAE AS ORMEa PARKED ODY/SFATEIZIP- YENICLE LA QUINTA CA 92253 �-7 DBPOB OIOFVEN CLE ONOROERB OF: ❑OnInR RS TOR ❑OTHER DRIVEN AWAY K- m M"" s '" "�1pNf MP DRn�ATE Y. "'' PRIOR MEa DEFECTS NaxE AFP. REFEI TONARMTME M BRN BRN 5-02 125 06/22/1972 H OTTER HOME PHONE BllSNE85 PHONE YDOpB DLDTD'IGTION NDIADI'. (760)564-2332 W INnONLY VSMCLETYPE DESCRIBE VEMCLEO E BHAceMDMAAOlDARFA ❑I-," lxlN ❑MEiOR RINALWCE CARRIER POLICY MNBER RELIANNATI N_AL A65237627201 Moo MAw0R ROLLR `" DDT 0 DAL-T TCPIPSC MCADt N WASHINGTON ST. 50L 0 PARTY ORDERS LICENSE NINBER STATE CLASS SAREIY VDT. YEAR MAKE/MODEL (COLOR LICEMENWBER STATE C2744648 CA C G 93 v TRUCK win 174JUP UT MAZER "WIFIRST, MOGLE, LAST) Fxj LISA JANE CARR OMIERS N4IESAME AS DRIVER FROM SMEETADDRESS TRDN 52780 AVENIDA MONTEZUMA OVNERSAUDRESS FxJ A ASORMER FARMED CRYIETATEIZIP VEHCLE DISFOS a OFL CLEONORDERSOF: OFFICER [j]OLNER ❑OTIEII LJ DRIVEN AWAY f1T 1T LA VfN A CA 92253 RKN. MS SEX ILAM EYES I HEIOR WEIGHT EIRTHOATE MP D. Y. RACE PRp MEL MMCA DEFECe IgNE APP 1-1 REFER m HARRATNE F BLN GRN 5-04 103 1 10/20/1963 JW OTHER MORE R E BUSR£56 PIMIIE VEHICLE IOEHIIFM:ATOINUTABER: (760)771-0696 clo..OHLY DESCRIBE VDKCLE DWMOE DMOEN WANOEO MFA VDIICLE VPE ❑(INK FRORE X MINOR nwo l[_�AA 0R INSURINCECARRIER POLICY NLMBER GEICO 5415023 DIROFTRAVEL ONS1IEETORHIOW/AY SPEED LIMB CA DOT M-T TCPIPsc MCRDI N WASHINGTON ST. 50 PARTY DRRIEMS LICENSE M.MBER STATE CLASS BAFETY VEH. YEAR NW(E IMOH:LICOLOR LCENSE NUABEII STATE 3 DRNER N IMFIRST, MIDDLE, LAST) ElDARNER" NAME C1 SAME AS DRSRR L PEOES MIAR SMEETADDRESS DVMERSAOORESS ElsmIEASDRRRBf FARMED CRY/STATE/LP VEHOE OSPOSMON OF VEHICLE ON ORDERS OF: OFFICER DORMER ....- 1-1 BICY- CLI_ST SEX MIR EYES HEIGHT VVEYGHi BIRTHDATE MP Dp Yeu RACE PRSM MECIMNCWL DEFECTS - NONEAPP. EFERTONARRAWE OTTER IIO.IE PHONE BUSINESS FHONE VDIICLE IOENTIFlCATCNMIAIBER: CRPUBEONLY DESCRIREVD"CLEDMu.OE DNOENOMlAOEDARFA VDROE TYPE ❑LRM ❑NONE ❑MBAM IISURANCECARRIER POLICYMAABER Moo MAKM RDILOVER 1- 1 .4 5 DIR OFTRAVEL ON STREET OR MOHWAY SPEED LIMB CA OOT CAL-T TCPRSC MCNK PREPARERS NAME DISPATCH NOTFIED DAMEN M.J. BUTVIDAS ❑YES ❑ND JX IWA REVIEWERS NAME SGT, AMMONS # 1366 0 P GATE RENEMR!D "MAY 2 1 20 STATE OF CALIFORNIA TRAFFIC -COLLISION CODING CHP SSSWP Pam2 (8I0R) OPI D42 Pop 2 a 6 DATENCOUMONOIO, DAY YEA MCI 05/18/2001 0815 3300 OFFICER LD. N2423 MMBER LAR01138017 PROPERTY owNEa w.NEa ADDaSsa NnnrIID [_NEs C..1N0 DAMAGE OEICRIPTIIXI OF DW,,E SEATING _ POSITION 1 DRIVER 2 TO E - PASSENGERS 7-STA. WON REAR S- RR. OCC TRK. OR VAN B- POSITION UNKNOWN 0-OTHER SAFETY EQUIPMENT OCCUPANTS MABICYCLE -HELMET L - AIR BAG DEPLOYED A - NONE IN VEHICLE M - AIR SAG NOT DEPLOYED B-UNKNOWN N-OTHER DRIVER C - LAP BELT USED P - NOT REQUIRED V-NO D - LAP BELT NOT USED W - YES E - SHOULDER HARNESS USED CHILD RESTRAINT F- SHOULDER HARNESS NOT USED O - IN VEHICLE USED PASSENGER G- LAPISHOULDER HARNESS USED R- IN VEHICLE NOT USED X-NO S- IN VEHICLE USE UNKNOWN Y-YES J- PASSIVE RESTRAINT USED T- IN VEHICLE IMPROPER USE K- PASSIVE RESTRAINT NOT USED U-NONE IN VEHICLE EJECTED FROM VEHICLE 0. NOT EJECTED 1 - FULLY EJECTED 2-PARTIALLY EJECTED 9-UNKNOWN I 3 4 5 6 ITEMS MARKED BELOW FOLLOWED BY AN AS7ERISN SHOULD BE EXPLAINED IN THE NARRATNE W OF LIFT PRIMARY COLLISIONARTY AT ULT TRAFFIC CONTROL MNICES I 2 3 TYPE OF vEXK:LE I 2 3 MOVEMENT PRECEDING COLLISION A vc Ecrmr�viCUlm Cmn A CONTROLS FUNCTIONING X A PASSENGER CAR I STATION WAGOI, A STOPPED B CONTROLS NOT FUNCTIONING• B PASSENGER CAR W I TRAILER B PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING* C CONTROLS OBSCURED C MOTORCYCLE I SCOOTER_ C RAN OFF ROAD X D NO CONTROLS PRESENT I FACTOR' X D PICKUP OR PANEL TRUCK D MAKING RKRR TURN X C OTHER THAN DRIVER' TYPE OF COLLISION A HEAD-ON E PICKUP / PANEL TRUCK W/ TRAILER E MAKING TURN D_UNKNOWN• F TRUCK OR TRUCK TRACTOR P MAKING UTURN E FELLASLEEP- B SIDESWIPE G TRUCK TRUCK TRACTOR WI TRLR. G_ C REAR END H SCHOOL BUS H SLOWING IST' STOPPING WEATHER ARK 1 TO 2ITEM D BROADSIDE 1 OTHER BUS 1 PASSING THER VEHICLE A CLEAR E HIT OBJECT J EMERGENCY VEHICLE J CHANGING LANES e CLOUDY F OVERTURNED K HIGHWAY CONST. EQUIPMENT K PARKING MANEUVER C RAINING G VEHICLE/PEDESTRIAN L BICYCLE L ENTERING TRAFFIC D SNOWING X H OTHER'' FL DEBRISM OTHER VEHICLE M OTHER UNSAFE TURNING E FOG /VISIBILITY FT. N PEDESTRIAN N XING INTO OPPOSING LANE F OTHER- MOTOR VEHICLE INVOLVED WITH MOPED 0 PARKED G WIND A NON -COLLISION —0— --�- P MERGING LIGHTING B PEDESTRIAN 0 TRAVELING WRONG WAY X A DAYLIGHT C OTHER MOTOR VEHICLE 1 2 3 OTHER ASSOCIATED FACTORS MARK 1 TO 2 ITEMS R OTHER-: B DUSK- DAWN D MOTOR VEHICLE ON OTHER ROADWAY C DARK - STREETLIGHTS E PARKED MOTOR VEHICLE j:A "cam t1pV'1Ep C. YES NO D DARK - NO STREET LIGHTS F TRAIN E DARK. STREET LIGHTS NOT FUNCTIONING' G BICYCLE _0;8 vc ssciiwviaunO O�vEs ND H ANIMAL: 1 2 3 SOBRIETY.[MUG PHYSICAL (MARK t TO 2 ITEMS) ROADWAY SURFACE vc urirxvinwreo cnm C vEs HIND X A DRY FIXED OBJECT B WET Dy yl A HAD NOT BEEN DRINKING C SNOWY -ICY X J OTHER OBJECT:, I,.HUNY, VI' ASPHALT E VISION OBSCUREMENT: B NBC -UNDER INFLUENCE D SUPPERY MUDDY OILY ETC. F INATTENTION•: I C HBO- HOT UNDER INFLUENCE' ROADWAY CONDITION(S) MARK i TO 2 REMS G STOP A GO TRAFFIC D HBD-IAPARMENTUNKNOWN- PEDESTRIANS ACTIONS H ENTERING I LEAVING RAMP E UNDER DRUG INFLUENCE' A HOLES RUT` X A NO PEDESTRIANSINVOLVED B CROSSING IN CROSSWALK AT INTERSECTION 1_PREVIOUS COLLISION F IMPAIRMENT-PHYSICA X B LOOSE MATERIAL ON ROADWAY' J UNFAMILIAR WITH ROAD 10 IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' K DEFECTIVE VEH. EOUIP.: CITED H NOT APPLICABLE D CONSTRUCTION - REPAIR ZONE C CROSSING IN CROSSWALK -NOT AT INTERSECTIONi YES I NO I SLEEPY I FATIGUED E_REDUCEO ROADWAY WIDTH SPECIgL INFORMATION F FLOODED' D CROSSING - NOT IN CROSSWALK L UNINVOLVED VEHICLE A HAZARDOUS MATERIAL G OTHER': E INROAD - INCLUDES SHOULDER M OTHER*: L-fLL PAVAmy NN H NO UNUSUAL CONDITIONS F NOT IN ROAD X N NONE APPARENT x jy I 14 of I" 06C G APPROACHING I LEAVING SCHOOL BUS C RUNAWAY VEHICLE Lf4.Y SKETCH 0 INDICATE NOIIRI FOR SKETCH DIAGRAM, SEE PAGE 4 MISCELLANEOUS 146 n STATE OF CALIFORNIA INJURED/WITNESSES/PASSENGERS CHIP SSS PC Pave 3 IR" A/OR1 nP1 n47 Pape i d A DATE OF COLLISION (MO. DAY YEAR) 05/18/2001 TIME(2400) 0815 NCIC p 3300 OFFICER I.D. N2423 NUMBER LAR01138017 ONLY ONLY EXTENT OF INJURY( -A' ONE) INJURED WAS ('X' ONE) PARTY KUMB� LAt M >IAP6TY R". FATAL QOUIIY IlV016 tLVRY OTIL0. W®LE eDVRT CYRMPl.A1NT W PAL VR PAL. I M. LCLYCJJJRY Ofifn ❑ 0 7 M ❑ ❑ 1 ❑ ❑ ❑ ❑ ❑ ❑ I ❑ 2 3 G 0 NAME D.O.B./ADDRESS TELEPHONE BEAU CARR (05/0911993) 52780 AVENUM MONTEZUMA, LA QUINTA, CA 92253 760 771-0696 (INJURED ONLY) TRANSPORTED BY: TAKEN TO DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED ❑r 1 ® 2 F I ❑ 1 ❑ ❑ I ❑ ❑ ❑ ❑ ❑ 1 ❑ 2 1 5 Q 1 0 NAME / D.O.S. / ADDRESS TELEPHONE QNJU ED ONLY) TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: n VICTIM OF VIOLENT CRIME NOTIFIED NAME I D.O.B. I ADDRESS TELEPHONE (INJURED ONLY) TRANSPORTED BY. TAKEN TO. DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED NAME ID.O.S./ADDRESS TELEPHONE (INJURED ONLY) TRANSPORTED BY: TAKEN TO. DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED O" ❑ ❑ f=� ❑ ❑ ❑ ❑ ❑ nEl NAME / D O.B. / ADDRESS TELEPHONE (INJURED ONLY) TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED ❑" ❑ ❑ ❑ n ❑ n ❑ ❑ I r] o NAME /DD.B./ADDRESS TELEPHONE (INJURED ONLY) TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: 14-7 ©n9 VICTIM OF VIOLENT CRIME NOTIFIED PF, PARER'S NAMEN _I I.D. NUMBER MO. DAY YEAR RE SAj ffMoNS # 1366 C[1�1��1 J M1O DAY YEAR •...t Oi C.11.011M1/i FACTUAL DIAGRAM ..... O/ z9 /S- ?300 N� ~u ALL MEASUREMENTS ARE APiRO%.MATE NO NOT TO SCALE UNLESS STATED ISCALE - /7!0•' SA LANES No; /ivLtuOED LANDSlAPEA IMAJAN ItIASF//N677JN ST 0 /G 1" VV— -I" VV1I 9 fj" AYE. V 7 --� ... Me. .,. ... �w; r "ANIMON5 # 1366 I .e. .. ... 010 /�vrl�re,a �zvz t o r-/� of I MAY 2 1 2001 CHP 555—Page 4 (Rev 11-85) OPI 042 148 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 5 OF 6 DATE OF INCIDENT TIME NCIC NUMBER OFFIC R W. NUMBER 05/18/2001 0815 3300 N2423 LAR01138017 01 Notification: I received this collision call at 0834 hours. Responding from Washington and 02 Calle Tampico, I arrived on scene at 0838 hours. All times, speeds and measurements are 03 approximate. Measurements were made with a roll -meter and vehicle odometer. 04 05 Statements: 06 07 Driver #1 (Castrejon) was contacted on Hwy. I I I west of Washington St. The following is a 08 summary of his statement. He was travelling northbound on Washington St. about 45-50 09 MPH in the #2 lane. As he continued northbound, a vehicle in front of him kicked up a large 10 piece of asphalt from the roadway. The chunk went under his vehicle. He continued 11 northbound until he arrived at the intersection of Hwy. 111 and Washington St. At that time he 12 was flagged down by D-2 (Carr) that he had ran over the piece of asphalt causing it to hit her 13 car. At that time both drivers pulled over near the Cliffhouse restaurant and called the 14 Sheriffs Department. 15 16 Driver #2 (Carr) was contacted at Hwy. 111 west of Washington St. The following is a 17 summary of her statement. She was travelling northbound on Washington St. behind V-1. As 18 they continued northbound, she saw a chunk of asphalt kicked out behind V-1. She could not 19 move out of the way to avoid the flying piece of asphalt. The asphalt impacted her passenger 20 door and her rear passenger fender well. She then followed D-1 and notified him of the 21 damage. That is when they pulled over and called the Sheriffs Department. 22 23 Summary: D-1 (Castrejon) was travelling northbound on Washington St. in the #2 lane 24 approaching the intersection of Ave. 47. D-2 (Carr) was behind him. As the vehicles 25 continued northbound, a vehicle in front of V-1 ran over a piece of loose asphalt. The asphalt 26 was kicked out under the vehicle in front of V-1. V-1 ran over the chunk of asphalt with one of 27 his tires. The revolutions of the tire forced the piece of asphalt to become airborne. The piece 28 of asphalt then collided into the passenger side door and rear fender well of V-2. This 0111 PREPARED BY I.D. NUMBER DATE REVIE,wEFI',�Mp Damen M.J. Butvidas N2423 05/18/2001 �1IJ�°���IV°l((JM # MAA DUY 2 t 7nnt 149 STATE OF CALIFORNIA 05/18/2001 0815 3300 N2423 LAR01138017 01 collision caused damage to D •2 vehicle. 02 03 Area of Imoact: The (A01) was determined by statements as the following: 04 05 .3 miles south of the south roadway prolongation of Ave. 47 and 16'8" west of the east curb of 06 Washington St. 07 08 Cause: The cause of this collision is not the fault of either driver. D-1 (Castrejon) was unable 09 to avoid driving over the piece of asphalt that subsequently hit V-2. D-2 is not responsible for 10 being unable to avoid the flying piece of debris. 11 12 Additional Information: After speaking with the drivers in this collision, I responded to where 13 they said the collision occurred. I found the #2 lane of northbound Washington St. south of La 14 Quinta in poor condition with several potholes and loose pieces of asphalt. I immediately 15 contacted George Contreras at City of La Quinta Public Works, and advised him of the 16 problem. He said that he would send a worker out the location to repair the problem. 17 18 Recommendations: None 19 20 21 22 23 24 25 26 27 28 01) PREPARED BY I.D. NUMBER DATE WIEWER'S NAME DATE Daman M.J. Butvidas N2423 05/18/2001 ' ?' - AMMONS # 1366 MAY 2 1 2001 150 S U') El.kUlY; 00 a) 05-23-01 NS 3-00 000-6074., C9 LLI iL > cgus v I& age 0 >m v V U. 0 oiC z fOl 05-23-01 101114.12 1 *14 .12 ST 1 . 0 911 15 . 21 H r 3-06 0 0 0 - 6 8 7 5 013 151 ARCO I M75 73980 Highway 11i Pale Desert Ca 92260 ARCO 105475 Palm D980 esert CA Invoice 8 951680 Date, 05/23/01 06:26PM SI9uencet 255320 DEBIT Acct 11 xVJ=WkXX2409 PIC t 04 i Pump Gallons Price 'I 14. 11.382 $2.199 Product Amount PlusUnl 89 $25.03 Trans Fee $0.35 Total Sate $25.38 PAAYYWTTFROM PRIMARY Thank You for I , Using ARCO Pteese Come Back Asa in i l A /arsuii BOTTOM 'PY-CIS ER .O 05/23/01 .2-.12 ph RETURN BEFORE 06/21/01 11111IIIIINIIII 001 OS6000002 PGLAROID.FLM -T 9.89 ",SUBTOTAL 9.09 T• 7.500% TAX .71 TOTRL 10.63 VISR,CHRRGE 10.63 ACCOUNT NUMBER r ,rrrrwrrrrrr2�p9 00 014153 RECEIPT IDI 2-11A3-0940-0078-5503-8 VCDV"11196723 CSHI 024 1 ITEMS Save ALL Receipts Give Gift Receipts i GiftCards Ask about Receipt LookuO ( . 014 152 I I m I June 4, 2001 TO: City of La Quinta ATTENTION: John Ruiz,Personnel Risk Manager ATTACHMENT 2 RE: Claim Castrejan v. City of La Quinta Claimant Fernando Castrejan D/Event 5/18/01 Rec'd Y/Office 5/24/01 Our File S-109635-DBK We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send-,a,.standard rejection letter to the claimant. Please provide us with a copy of the notiee sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY Dwight J. Kunz cc: CJPIA w/enc. Atm.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT.CLAIMS ADJUSTERS 157 750 The City Drive • Ste 400 •Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 1 A Phone:(714) 740-7999 Ext. 140 •(800) 572-6900 • Fax: (714) 740-9412 (1 tJ 1 -1 June 8, 2001 ATTACHMENT 3 Fernando Castrej 52-860 Aveni Cana La Quinta, CX 92253 RE: Principal CJPIA Member City La Quinta Date of Incident 05/18/01 Claimant Fernando Castrejan Our File S 109635 DBK Dear Mr. Castrejan: As claim administrators for the self-instmred City of La Quinta we have made a careful examination of the circumstances surrounding the captioned occurrence. The city maintains the roads on a maintenance program, which is all that is, required of them. They also conduct corrective maintenance when notified of problems. This action does not, however, make the city responsible for your damage. It is cost prohibitive and impractical to expect city crews to anticipate every possible condition that may cause damage. Cities are, therefore, insulated from responsibility resulting from conditions of which they have no knowledge or notice. Normally, insurance companies sell coverage whereby persons can insure themselves against damage resulting from an occurrence such as this. If you have not already done so, you may want to consider submitting your claim to your insurance company if you purchased such coverage. The letter does not affect the notice that will be sent to you by the City of La Quetta regarding the disposition of your claim.. cc: City of La Quinta cc: CJPIA Very truly yours, CARL WARREN & CO. Deborah Been CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400. Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 927995180 Phone: (714) 740-7999a (800) 572-6900 • Fax: (714) 740-7992 01n0 M i it ipg � !a COUNCIL/RDA MEETING DATE: July 3, 2001 Approval of Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 2001-2002 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR:/� STUDY SESSION: PUBLIC HEARING: Approve a contract services agreement with Kiner/Goodsell Advertising and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The City Marketing Plan includes various advertising and marketing activities that have been implemented by Kiner/Goodsell Advertising since fiscal year 1998-99. Staff has prepared a contract services agreement (Attachment 1) in the amount of $244,300 to allow for Kiner/Goodsell's continued services in fiscal year 2001-02. A detailed Scope of Services is included as part of the contract services agreement (Exhibit "A"). Of the contract sum ($244,300), $24,100 represents continuing appropriations from fiscal year 2000-01 . Funds have been budgeted in the City's budget for fiscal year 2001-02 for these advertising and marketing activities. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Kiner/Goodsell contract will encourage, support and promote economic development. BACKGROUND AND OVERVIEW: The City has retained the services of Kiner/Goodsell Advertising to assist the City in its marketing efforts to promote economic development since fiscal year 1998-99. The proposed contract services agreement (the "Contract") with Kiner/Goodsell Advertising represents continued marketing services for fiscal year 2001-02. Pursuant to the City's Municipal Code, "solicitation and selection of firms for services.... shall be on the basis of the most advantageous proposal after 159 consideration of qualifications, demonstrated competence, cost, delivery time, and other factors." The Code further allows exemption by the City Council from competitive proposal solicitation "where experience with the proposed service provider has demonstrated competence and satisfactory performance..." The driving, or guiding, document of this Contract is the City of La Quinta Marketing Plan (the "Plan"). On May 1, 2001, the City Council adopted the Marketing Plan for fiscal year 2001-02 to guide the City's marketing efforts. This Contract will allow Kiner/Goodsell to implement various marketing and advertising programs and activities, as outlined in the Plan, particularly in the areas of Economic Development, Business Retention and Community Involvement. These activities are further delineated in the Scope of Services (Exhibit "A" of the Contract). An amendment to the Contract will come before the City Council for consideration in the near future regarding Kiner/Goodsell's involvement in Mainstreet Marketplace events. Kiner/Goodsell's proposal would be considered for incorporation into their Scope of Services. The Contract, and any ensuing amendment(s), will be subject to final review by the City Manager and City Attorney. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract services agreement with Kiner/Goodsell Advertising and authorize the City Manager to execute the contract; or 2. Do not approve a contract services agreement with Kiner/Goodsell Advertising; or 3. Provide staff with alternative direction. Respectfully submitted, Mani Casillas, Anagement Al alyst 160 00w Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Marketing Plan for Fiscal Year 2001-2002 2. Proposed Kiner/Goodsell Contract for Fiscal Year 2001-2002 161 0OV3 ATTACHMENT 1 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and KINER/GOODSELL ADVERTISING (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services set forth in this Agreement as well as those set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the "work". The Contractor acknowledges that the Scope of Services includes the services set forth in the City's adopted Marketing Plan prepared by Contractor. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1 .2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in 16 the work or as represented by the City, it shall immediately inform City of such fact 005 and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of the Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services in Section 1.1, above, only when directed to do so in a writing signed by the Contract Officer. The cost of any such additional services shall be agreed to in writing signed by the Contractor and the Contract Officer in advance of the provision of the services. In no event shall the total costs of such additional services exceed five percent (5%) of the Contract Sum unless the approved in advance by the City Council. 1.8 Correction of Work. The performance of services or acceptance of information furnished by Contractor shall not relieve the Contractor from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Contractor on demand without cost to the City. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of two hundred forty four thousand, three hundred dollars ($244,300), (the "Contract Sum"), except as provided in Section 1.7. The Contract Sum includes payment of the Contractor's Monthly Contractor Fee as provided in Section 2.2 as well as the payments pursuant to Sections 2.3 through 2.6. Contractor acknowledges that the Contract Sum is the maximum amount the City shall be obligated to pay for the services within the Scope of Services, and that the actual required payments may be less than that amount. 2.2 Monthly Contractor Fee. The Monthly Contractor Fee paid to Contractor shall not exceed $3,000 per month to implement the City's marketing and public relations program, for a total of $36,000 through the Term of this Agreement. The Monthly Contractor Fee covers a minimum of thirty-five (35) account service hours per month. These hours include basic account service including, but not limited to, client meetings (in person, by phone, fax or e-mail), strategic planning, budgeting, investigating PR opportunities, media relations, media placement, research, and 163 2 006 production management. The Monthly Contractor Fee includes the writing and distribution of an average of two to three (2-3) local and regional press releases per month. The Monthly Contractor Fee covers meetings to include at least one in person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks. Contractor shall track all account services hours for this project and submit a list of account services hours and the associated tasks/work completed as part of a Monthly Status Report, as described in Section 2.7, to the Contract Officer by the 25`" of each month throughout the Term of this Agreement. Prompt and complete submission of the Monthly Status Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee. 2.3 Costs for Marketing Plan Items. The City's adopted Marketing Plan, prepared by Contractor, outlines specific components and corresponding items in the areas of Economic Development, Business Retention, and Community Involvement which essentially encompass the City's overall marketing program. The Contractor will be responsible for implementation of the items outlined in the Scope of Services (Exhibit "A") which are all part of the City's Marketing Plan and, thus, considered Marketing Plan items. The total amount paid to Contractor or to third parties for the implementation of the Marketing Plan items, including any and all payments pursuant to Section 2.3 through 2.6, inclusive, shall not exceed $208,300 for the Term of this Agreement. Prior to undertaking any of the Marketing Plan items, Contractor shall submit a written job authorization request which shall outline the total costs to the City for the implementation of the Marketing Plan item at issue and which shall also contain a schedule of performance. Contractor shall not proceed with carrying out the item unless and until the Contract Officer approves the written job authorization request in writing. If the Contract Officer does not approve the written job authorization request, Contractor shall not perform the item and shall not be entitled to any compensation relating to the item. The City shall not be responsible for any costs for the Marketing Plan items beyond those set forth in the approved written job authorization request unless the additional costs are approved in writing in advance by the Contract Officer. 2.4 Vendor Services. Contractor shall act on the City's behalf to negotiate prices for vendor services. Vendor will be charged to the City at cost plus 20% to cover time and administrative costs. Vendor services include printing, talent, video and studio time. Vendor invoices shall be included with Contractor invoices in order to receive reimbursement. 2.5 Account Services Expenses. Contractor shall invoice account service expenses at cost, with no markup. These expenses include postage, long-distance telephone, and extraordinary travel outside of the Coachella Valley, as directed by Contract Officer (i.e. representation of City at a trade show outside of the Coachella Valley). Normal costs of doing business are absorbed in the Monthly Contractor Fee. 164 3 007 2.6 Additional Graphic Design and Production. Additional graphic design and production will be billed at the rate of $95/hour. Any production that is not included in the Marketing Plan will be estimated by the Contractor and approved in writing by the Contract Officer in advance of work commencing. Such work will be authorized as described in the Section 4.8 of this Agreement. 2.7 Monthly Status Reports and Budget Updates. By the 25`h day of each month throughout the Term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. The Monthly Status Report and Budget Update must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 2.8 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, (3) indicate the total expenditures to date, and (4) the total amount remaining to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. Failure to submit the Monthly. Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in 16 Section 3.4 and within the schedule of performance set forth in written job 4 0 0 8 authorization request. Extensions to the time period specified in Section 3.4 may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Section 3.4 for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect from July 1, 2001 through June 30, 2002. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Kiner, Principal b. Lee Goodsell, Principal It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor's Protect Managers. Scott Kiner and Lee Goodsell shall through the duration of the Agreement term act as the Contractor's Project Managers for services required under this Agreement. Mr. Kiner and/or Ms. Goodsell shall attend all meetings with the City, answer phone calls from City, and act as the City's "point persons" for this project. As Project Managers, Mr. Kiner and Ms. Goodsell are providing extraordinary and unique services to the City that cannot be replaced or adequately compensated in money damages, and thus any unilateral assignment of the 166 rights and duties of Kiner/Goodsell and/or Scott Kiner and/or Lee Goodsell will cause 5 C�9 irreparable injury to the City. Therefore, the Contractor agrees that in the event of any assignment, change of ownership, merger, or change in partnership arrangement and/or Scott Kiner or Lee Goodsell is no longer with the Contractor for any reason, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.3 Project Management of Scope of Services. Once task authorization is received, the Contractor shall have the sole and full responsibility for all aspects of project management and implementation of all programs and tasks including, but not limited to, the business retention and attraction program, and community events program. Such project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, etc. All economic development leads shall be referred to the City Contract Officer for follow up. 4.4 Contract Officer. The Contract Officer shall be the Assistant City Manager of the City or such other person as may be designated in writing by the Assistant City Manager of the City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.6 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 167 6 e10 4.7 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 4.8 Task Authorization. The approval of the Marketing Plan by the City Council and/or the execution of this Agreement by the parties hereto does not constitute an authorization to proceed with the work specified in said Agreement. The Contract Officer shall separately authorize Contractor to proceed on the tasks in the manner set forth in Section 2.3. Contractor shall have no claims for compensation for services on all or part of any work task upon which the Contract Officer has not authorized Contractor to proceed. 4.9 No Changes to Work Required. Contractor shall make no change in the character or extent of the work required by this Agreement, except as may be authorized in writing by Contract Officer. Such supplemental authorization shall set forth the specific changes of work to be performed and any related extension of time and/or adjustment of fee to be paid to Contractor by City as provided for in Sections 1.7 and 9.3 of this Agreement. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 7 011 The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement 16 g and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 8 01? C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. By the 25"' day of each month throughout the term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. The Monthly Status Report and Budget Update must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors or agents in the performance of this Agreement including but not limited to taglines, mascot, mascot name, mascot costume, mascot likeness, "Quail Quill", logos, names, film, artwork, transparencies, articles, editorials, press releases, ads, videos, scripts, collateral materials, photography, photo library, graphics, web site design and artwork, City Marketing Plan, and other written or graphic documents and exhibits; shall, upon payment by City for same, be the property of the City. Such items shall include any and all drafts, designs, mockups, drawings and completed materials. During the term of the Agreement, these materials, other than printed collateral materials, will generally remain on Contractor premises under City ownership. Such materials owned and paid 17 d for by the City shall be used exclusively in Contractor work for the City. Contractor 9 - 013 shall not use City owned materials for any other purpose or client without prior, express written authorization from the Contract Officer. Upon the termination of this Agreement or upon earlier request of the Contract Officer, all above -listed materials shall be delivered to City, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the materials hereunder. Contractor shall cause all subcontractors and vendors to assign to the City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor 171 in the performance of the services required by this Agreement. 10 C'14 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. Both parties to this Agreement reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the 172 other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 No Future Conflict of Interest. While under contract to the City, Contractor shall not for any new or existing client, bid on or accept any projects or contracts related to or including marketing, advertising and public relations for a Coachella Valley based city, travel or tourist area for economic development related purposes without the prior written approval of City. Such action will be deemed a conflict of interest and the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. City at its sole discretion shall determine whether an action is deemed to be a conflict of interest. 8.4 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 173 12 016 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Mark Weiss, Assistant City Manager To Contractor: Kiner/Goodsell Advertising 73-101 Highway 111, Suite 4 Palm Desert, California 92260 Attention: Scott Kiner 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 174 13 C' 17 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: CITY OF LA QUINTA: M THOMAS P. GENOVESE, City Manager "CITY" KINER/GOODSELL: Name: Title: "CONTRACTOR" 175 e-' 18 14 EXHIBIT "A" SCOPE OF SERVICES 2001-2002 Contractor shall receive a Monthly Contractor Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Contractor's Fee covers at least thirty-five (35) account service hours per month to include: • Full responsibility for all aspects of project management and implementation of all programs and tasks listed in the City Marketing Plan, including, but not limited to: • Television Advertising • Radio Advertising • Print Advertising • Update/Expand Infomercial & Spot TV • ICSC Program Ads and Fall Event • Retail Trade Publication Advertising • National Economic Print Advertising • Palm Springs Life Advertorial • V Annual Commercial Realtors Breakfast • Golf Cart Parade/Gamby Appearance • Business Retention Discount Coupon Program • Print & Radio Media in Conjunction with Business Grand Openings • The Village Grand Opening Advertising • Civic Center Park Grand Opening Advertising • 20" Anniversary Celebration Advertising • Support Various Business Events (i.e. Mariachi Festival) • Bob Hope Classic Program Ad (design) • Miscellaneous Collateral Materials • Project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders, financial institutions, developers, regional airport and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, restaurants, regional airport, financial institutions, developers, etc. • Basic account services • Client meetings (in person, by phone, fax or e-mail), including at least one in person meeting at La Quinta City Hall every month, and weekly updates via telephone or e-mail on the alternate weeks • Strategic planning 176 19 • Budgeting • Investigating public relations opportunities • Media relations • Media placement • Research • Production management • Preparing local press releases • Tracking of account services hours • Completion of Monthly Status Reports to include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. • Assume responsibility for project accuracy upon approval of direction and specifications from Contract Officer. • Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not limited to checking for defects, errors in design, page composition, format, misspelled words, print and color specifications prior to delivery to City. • Assure timely delivery of work items. O6/30/2000 1:56:02 PM L:\MyFiles\Marketing\K-G Agreement 2000-2001.doc 177 020 ATTACHMENT 2 CITY OF LA QUINTA MARKETING PLAN 2001-2002 APPROVED BY THE CITY COUNCIL MAY 1, 2001 178 021 Marketing Plan For the City of La Quinta Prepared by Kiner/Goodsell Advertising Fiscal Year July 1, 2001 - June 30, 2002 Approved by the City Council on May 1, 2001 The City Council Study Session on March 20, 2001, identified the key marketing elements to be pursued with the 2001-2002 Marketing Plan for the City of La Quinta. Several ideas were proposed in the study session. Following is a summary of those that were of most interest to the City Council, accompanied by some corresponding budget figures for the various marketing sub -categories. Also included within this Plan are other, general marketing programs of the City (e.g. ICSC attendance, street banners, promotional items, etc.) that may or may not be part of a marketing consultant's services. Based on the City Council's Study Session input, Kiner/Goodsell recommends the following marketing strategies in the areas of Economic Development, Business Retention and Community Involvement: Economic Development • Update the City's infomercial to include the Civic Center Campus, the new upgrades in The Village, the new developments on Highway 111, etc. Continue broadcast of the infomercial both locally and in the Inland Empire. Expand infomercial broadcast in the Pacific Northwest, which has shown the greatest response to the infomercial to date, and also add the Midwest and the San Diego area as new markets. • Continue advertising in print media vehicles which best reach the targeted audiences for economic development, such as Alaska Airlines' Palm Springs Desert Resorts issue and Franchise Times (the top trade publication for reaching franchisees in search of new locations). Continue maintaining a presence in the Palm Springs Life Desert Progress issue through a 4-page advertorial, as well as advertising in the Bob Hope Chrysler Classic Program Guide. • Expand Realtor's Breakfast to include more developers and La Quinta land owners, and broaden focus to include all commercial real estate opportunities in La Quinta, not just The Village. • Continue sponsorship of County Fair and National Date Festival . Continue maintaining a presence at the Palm Springs and Las Vegas ICSC conventions, including advertising in the conference guide and providing prizes that will draw event attendees to La Quinta. . Purchase new, promotional items (i.e. give-aways). 179 • Maintain a contingency account for unforeseen advertising opportunities. Business Retention . Reinstate a program that rewards consumers for spending retail, dining and service dollars in La Quinta. Refresh the program under a new, classier theme, such as the "Gold Q Program" where people would receive a small booklet that offers savings not just for retail and dining establishments, but also explore the feasibility of offering discounts to La Quinta cultural events. Demand from the community and the Chamber of Commerce, as well as the trackability of a program such as this, make it an attractive and effective business retention tool for the City. To make this program different than shopping/dining incentive programs we've implemented in the past, the promotion would be held during the summer months of 2002. The summer program offers restaurants and retailers the opportunity to attract more business during the "off season". Many businesses are looking for ways to capture revenue during the Valley's slow parts of the year. The discounts offered by businesses would likely be more substantial during a summer program. • Support local businesses with advertising timed in conjunction with the grand openings of other new businesses in La Quinta, such as the movie theater and new developments on Highway 111 (campaign would be generic and would not list new businesses individually). The premise of the advertising would be to encourage people to come to La Quinta and experience the growth as well as the wonderful new dining and retail establishments the City has to offer. • Run an advertising campaign to support The Village and the completion of its "new look". The campaign would encourage the community to come and check out the fantastic upgrades and improvements in The Village, as well as new businesses in The Village (businesses would not be named specifically, just a generic welcome to new businesses in The Village). Community Involvement • Support local events put on by La Quinta businesses, when appropriate. For example, the Mariachi Festival gives away hand-held fans to attendees. The City could help pay for this collateral item, and then have its 20th Anniversary festivities printed on the back of each one. Another event to consider partnering with would be a Breakfast of Champions event during the Bob Hope Chrysler Classic. • Continue pursuing a seasonal banner program in the City starting with banners on Calle Tampico, Highway 111, and possibly Calle Estado. • Coordinate advertising to coincide with the "unveiling" of the new Civic Center Campus, and in support of any grand opening celebration event(s) held at the 1 g campus. 023 • Coordinate advertising in support of the 20th Anniversary activities hosted by the City. 181 024 2001-2002 City of La Quinta Marketing Budget Community Services Advertising $51,000 • Support local events, such as the Mariachi Festival, Breakfast of Champions, 20`h Anniversary, etc. • Advertise in support of the 20a' Anniversary and to help kick-off the new Civic Center Campus. • Implement seasonal banner program. Economic Development Electronic Media $87,000 • Update infomercial and broadcast it in the Coachella Valley, the Inland Empire, San Diego, the Pacific Northwest and the Midwest. Revise 10-second and 30-second economic development TV spots and continue to broadcast during the newscasts and other local programming. Economic Development Print Media & Promo Items $67,000 • Continue to advertise in print media vehicles which most effectively reach the target audience for economic development, such as the Palm Springs Life Desert Cities Progress Issue, the Bob Hope Chrysler Classic Program Guide, Alaska Airlines Magazine, etc. • Order new, promotional items. • Maintain advertising contingency account. Business Retention $50,000 • Implement an upscale shopping/dining incentive program in La Quinta, which could be called the "Gold Q" program or something similar. • Advertise the grand opening/unveiling of The Village. Economic Development Events $30,000 • Advertise in the ICSC Program Guide, and provide promotional prizes for event attendees. Council and staff attendance, as appropriate, at ICSC conventions. • Host 3`a Annual Realtors' Breakfast, expanding its focus to all the new development opportunities in La Quinta. • Continue sponsorship of County Fair and National Date Festival. Consultant Retainer $36,000 • Retainer fee to cover account service hours, planning, research, etc. TOTAL BUDGET $3219000 183 T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: July 3, 2001 / CONSENT CALENDAR: 3 ITEM TITLE: Approval of a Trl-Party Agreement with STUDY SESSION: the City of Palm Desert, the City of Indian Wells, and The City of La Quinta for the Maintenance of the PUBLIC HEARING: _ Traffic Signal and Safety Lighting at the intersection of Washington Street and Fred Waring Drive Approve a tri-party "Agreement for the Maintenance of the Traffic Signal and Safety Lighting" with the City of Palm Desert, the City of Indian Wells, and the City of La Quinta, contingent upon the approval of the wording by the City Attorney. The intersection of Fred Waring Drive and Washington Street is jointly owned by Palm Desert (25%), Indian Wells (25%), and La Quinta (50%). Riverside County is providing the maintenance for this intersection, and currently bills the City of La Quinta for its portion of maintenance and electricity. The City currently pays an annual Service Level Billing fee of $2,300, adjusted at the end of the fiscal year for actual costs. The maintenance and electrical costs under this agreement are estimated to be $2,400 annually. Sufficient funds are available in the budget to cover these costs. None. The traffic signal at Fred Waring Drive and Washington Street has been maintained by Riverside County Traffic Signal Maintenance since the signal activation on December 28, 1988. The initial intersection ownership was Riverside County 75% and La Quinta 25%. Since that time, the City of Palm Desert has annexed 25%, the City of La Quinta has annexed another quadrant for a total of 50%, and the City of Indian Wells has annexed the remaining 25%. The City of La Quinta has been paying its portion of maintenance and electricity costs, as billed by the County. The City of Palm Desert has elected to assume the traffic signal and safety lighting maintenance at this intersection. Due to the fact that the City of Palm Desert maintains the signals north of Fred Waring 184 T:\PWOEP =UNCIL\2001\010703f.wpd to the freeway, and Palm Desert traffic signal maintenance technician is local, traffic signal synchronization and maintenance can be accomplished more efficiently. Included as (Attachment 1) is the proposed Agreement for Maintenance of the Traffic Signal and Safety Lighting. The alternatives available to the City Council include: 1. Approve a tri-party "Agreement for the Maintenance of the Traffic Signal and Safety Lighting" with the City of Palm Desert, the City of Indian Wells, and the City of La Quinta, and authorize the Mayor to execute the agreement; or 2. Do not approve a tri-party "Agreement for the Maintenance of the Traffic Signal and Safety Lighting" with the City of Palm Desert, the City of Indian Wells, and the City of La Quinta, and do not authorize the Mayor to execute the agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Agreement for Maintenance of Traffic Signals and Safety Lighting 185 T:\PW DEPT\COUNCIL\2001 \010703f.wpd Attachment 1 AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING This AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING ("Agreement") is entered by and among the City of Palm Desert, California, a California municipal corporation ("Palm Desert"), the City of La Quinta, California, a California municipal corporation ("La Quinta"), and the City of Indian Wells, California, a California municipal corporation ("Indian -Wells"). RECITALS This Agreement is made with reference to the following facts: A. La Quinta and Indian Wells (the"Serviced Cities") and Palm Desertjointly own certain traffic signal and highway safety lighting installations located partly within the boundaries of each city, as shown by Exhibit "A", attached hereto and incorporated herein by this reference (the "Installations"), which Installations are owned in the proportions shown by Exhibit "A". B. Palm Desert and the Serviced Cities desire to arrange for maintenance of the Installations and sharing the cost therefor. C. Palm Desert desires to maintain the Installations for itself and the Serviced Cities, and the Serviced Cities desire that Palm Desert perform such maintenance. AGREEMENT NOW THEREFORE, in consideration of the facts set forth above and the mutual covenants, promises and agreements set forth herein, the parties hereto do hereby agree as follows: 1. Maintenance. 1.1 Scope of Services. Palm Desert shall provide routine maintenance work and emergency call -out service on traffic signals, highway safety lighting, flashing beacons, and other electrically operated traffic control or warning devices associated with the Installations. Routine maintenance services hereunder shall include the following work: inspect the signal system and clean the control cabinet every six (6) weeks; re -lamp and clean signal heads every two (2) years; re -lamp and clean luminaries every five (5) years. Emergency call -out services shall include all repairs and maintenance of the subject traffic control and warning devices or reasonable temporary measures necessary to preserve the public safety in the event of an Installation failure. Palm Desert shall also arrange for delivery of electrical power to the Installations. Rb®USUC ,173265 -I- 186 0,14 1.2 Extra Work. In the event that Palm Desert determines that any work it has been requested or directed to perform is beyond the scope of this Agreement and, therefore, constitutes extra work ("Extra Work"), Palm Desert shall promptly notify the requesting city or Serviced Cities, as the case may be, of that determination before performing such Extra Work. If the requesting city or Serviced Cities agree that the requested work constitutes Extra Work and authorize Palm Desert, in writing, to perform the Extra Work, the authorizing city or Serviced Cities shall provide extra compensation to Palm Desert upon a fair and equitable basis in accordance with Palm Desert's standard rates. Palm Desert shall determine whether such work constitutes Extra Work, however, the Serviced Cities shall be entitled to any and all legal remedies in the event of a dispute concerning such determination. 2. Compensation. The total cost of the work and services to be provided by Palm Desert under this Agreement (the "Cost of Services"), not including Extra Work, shall be allocated among the Serviced Cities and Palm Desert in proportion to ownership of the Installations. Serviced Cities shall pay Palm Desert that percentage of the Cost of Services represented by the percentage ownership of the Installations shown by Exhibit "A". Palm Desert shall be responsible for that percentage of the Cost of Services represented by its percentage ownership of the Installations shown by Exhibit "A". Palm Desert shall charge for the Cost of Services in accordance with its standard rates. 3. Payment. Billing by Palm Desert shall be made annually and shall include an itemized accounting of all costs and services rendered during the period. Serviced Cities shall pay the billed amount within thirty (30) calendar days after receipt of billing from Palm Desert. In the event of a billing dispute, Serviced Cities shall submit any such dispute in writing to Palm Desert together with payment in full, in accordance with this section. Any such dispute shall be resolved and any refund owed by Palm Desert shall be settled within a reasonable period of time. 4. Records. Records for the work provided under this Agreement shall be kept by Palm Desert and shall include the cost of all services performed. Such records shall be maintained for at least two (2) years and, upon reasonable notice, shall be made available for inspection by Serviced Cities. 5. Term and Termination. This Agreement shall commence on April 1, 2001 and shall remain in force until terminated in accordance with this section. Notwithstanding the foregoing, with respect to the delivery of electrical power to the Installations this agreement shall commence on January 1, 2001. This Agreement may be terminated by any party hereto upon thirty (30) days' written notice to the other parties of such termination. Any payment obligations outstanding and the indemnity provisions hereinbelow shall survive any such termination. 6. Indemnity. Serviced Cities, and each of them, shall indemnify, defend, save and hold harmless Palm Desert, its officers, agents, servants and employees of and from any and all liability, xmmus\Jc7173265 -2- 187 005 claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of attorneys' fees in any such claim or action, arising out of or in any manner connected with activities of Serviced Cities or employees of Serviced Cities and this Agreement. Palm Desert shall indemnify, defend, save and hold harmless Serviced Cities, their officers, agents, servants and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature, or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of attorneys' fees in any such claim or action, arising out of or in any manner connected with activities of Palm Desert or employees of Palm Desert in furnishing the services and materials under this Agreement. 7. Insurance. Serviced Cities, and each of them, shall procure and maintain for the duration of this Agreement liability insurance against claims for injuries to persons or damages to property in an amount not less than One Million Dollars ($1,000,000.00) which may arise from or in connection with the activities of the Serviced Cities or employees of the Serviced Cities and this Agreement by including Palm Desert as a "Protected Party" within the insurance program maintained by the Serviced Cities with the CJPIA. Palm Desert shall procure and maintain for the duration of this Agreement liability insurance against claims for injuries to persons or damages to property in an amount not less than One Million Dollars ($1,000,000.00) which may arise from or in connection with the performance of this Agreement by Palm Desert by including the Serviced Cities, and each of them, as a "Protected Party" within the insurance program maintained by Palm Desert with the CJPIA. 8. Notice. Any notice required or permitted hereunder shall be in writing and sent to each party by regular mail and shall be deemed given two (2) business days after deposit in the mail. Notices shall be addressed as set forth below, but any addressee may change its address by written notice in accordance herewith. City of Palm Desert 73-510 Fred Waring Dr Palm Desert, CA 92260 Attn: Director of Public Works City of Indian Wells 44-950 Eldorado Drive Indian Wells, CA 92210 Attn: Director of Public Works City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Director of Public Works 9. General Provisions. 9.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, and contains all of the agreements between the parties with respect to a.Musvct,175265 -3- •• ILtue 10 6 the subject matter hereof. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof. 9.2 Amendment and Waiver. This Agreement may be amended or revoked at any time by a written agreement executed by Palm Desert and Serviced Cities. No change or modification of this Agreement shall be valid unless the same be in writing and signed by all the parties. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the party granting such waiver, and in no event shall any such waiver be deemed to be a waiver of any other term, covenant or condition of this Agreement. 9.3 Invalid Provision. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 9.4 Headines. The headings of the articles, sections, subsections or paragraphs of this Agreement are inserted solely for convenience of reference, and shall not be deemed to govern, limit or aid in the construction or interpretation of any term of this Agreement. 9.5 Independent Counsel. Each party has had the opportunity to consult with its own attorney with respect to this Agreement, and in the event that any language contained herein is construed to be vague or ambiguous, this Agreement shall not be strictly construed against any party. 9.6 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Palm Desert and the Serviced Cities. 9.7 Other Documents. The parties hereto agree that each shall, concurrently herewith, or at any time hereafter, on the demand of the other, execute any other documents or instruments or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this Agreement. 9.8 Counterparts. This Agreement may be executed in any one or more counterparts, and all so executed shall constitute one and the same instrument. Any signature page on any counterpart hereof may be detached from and added to any other counterpart identical in form hereto. 9.9 Attorneys' Fees. In the event that any party to this Agreement shall bring an action to enforce the provisions of this Agreement or as a result of any default in the performance of any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover all costs and expenses, including reasonable RNMUSUCT173265 M8 189 OtJ7 attorneys' fees, incurred by such party in connection with such action. 9.10 Governing Law. This Agreement shall be construed and governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on 2000. CITY OF PALM DESERT CITY OF INDIAN WELLS CITY OF LA QUINTA By: By: By: Mayor Mayor Mayor Attest: Attest: Attest: By: By: By: City Clerk City Clerk City Clerk Approved as to form: Approved as to form: Approved as to form: By: By: By: City Attorney City Attorney City Attorney Approved as to content: Approved as to content: Approved as to content: By: By: By: City Engineer City Engineer City Engineer RNMUSUM173265 -5- 190 0018 EXHIBIT "A" TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING INSTALLATIONS JOINTLY OWNED BY PALM DESERT, LA QUINTA, AND INDIAN WELLS TRAFFIC SIGNAL LOCATION % OWNERSHIP Fred Waring Drive & Washington Street 25% Palm Desert 50% La Quints 25% Indian Wells R,%fBUSUCTI73265 191 ID � AGENDA CATEGORY: BUSINESS SESSION: _ COUNCIL/RDA MEETING DATE: July 3, 2001 CONSENT CALENDAR: I� ITEM TITLE: Authorization for Overnight Travel for STUDY SESSION:— a Management Analyst and the Management PUBLIC HEARING: Assistant to Attend the Municipal Management Assistants of Southern California Annual Conference on July 25-27, 2001 in Big Bear Lake, CA RECOMMENDATION: Approve authorization for overnight travel for a Management Analyst and the Management Assistant to attend the Municipal Management Assistants of Southern California annual conference on July 25-27, 2001 in Big Bear Lake, CA. FISCAL IMPLICATIONS: Expenditures (per person) for this conference are estimated as follows: Registration $ 190 Travel (mileage) $ 70 Hotel $ 194 Meals $ 50 Total $ 504 TOTAL (for two) $1,008 Funds for conference attendance are available in the City Manager's Office budget under the Travel, Training & Meetings Account (#101-102-637-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Municipal Management Assistants of Southern California (MMASC) will be holding their annual conference on July 25-27, 2001 in Big Bear Lake, CA. The conference includes sessions on topics such as California's energy crisis, city website development, growth management, citizen education about local 199 government, grant writing, public transportation, and council relations. The conference flyer is provided as Attachment 1. The conference provides opportunities for professional development, information exchange, and networking, as well as discussion of current trends in municipal management. The City has participated in MMASC's annual conference in past years. For the past two years, the conference has been held locally (in Rancho Mirage). However, this year the venue will change to Big Bear Lake. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for a Management Analyst and the Management Assistant to attend the Municipal Management Assistants of Southern California annual conference on July 25-27, 2001 in Big Bear Lake, CA; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . MMASC Annual Conference Flyer 193 000 ATTACHMENT OmmbMUNICIPAL MANAGEMENT ASSISTANTS mikM OF SOUTHERN CALIFORNIA IL 7/-&t 1-11 nua► %.ur►►erenLto 5 u fnpnl.t C�OYL �r�1�LCe jzeacf inn Mein *fei9f.ts 194 pn4 Conference Schedule of Events Wednesday, July 25, 2001 Pre -Conference Peak Performance! Adventures for Higher Achievement 10 am -12 noon Registration / High Ropes Course (Dress in comfortable clothes) 10 am - 5 pm Shuttle service from hotel to High Adventure course 12-1 pm Lunch provided to all Pre -Conference participants 1pm - 5 pm High Adventure group exercise 6 pm - 9 pm Welcome reception at Mozart's Bistro (Across the street from Northwoods Resort) Thursday, July 26, 2001 DAY 1 8 - 8:45 am Registration 8:45 - 9:00 am Welcome 9 - 10:15 am Keynote Speaker 10:30 - 12 Noon BREAK OUT SESSIONS 12 Noon -1:30 pm Lunch and Keynote Speaker 1:45 - 3:00 pm BREAK OUT SESSIONS 3:00 - 3:15 Break 3:15 - 4:45 BREAK OUT SESSIONS 6 - 10 pm Social Event "Casino Night" Friday, July 27, 2001 DAY 2 7:30 - 8:30 am 8:30 - 9:30 am 9:30 - 10:45 am 10:45 - 11:00 am 11:00 - 12 Noon Noon - 2:00 pm 2:00 pm Breakfast Keynote Speaker BREAK OUT SESSIONS Break BREAK OUT SESSIONS Lunch and closing Keynote Prize drawing! Check out Peak Performance! Adventure for Higher Achievement web site at: www.peaktraining.com Break Out Session Topics High Tech Crimes, Health & Wellness, Energy Conservation, Citizen Academy, Leadership Skills, City Council Relations, City Web Site Issues, Career Advancement, Professional Development, Leadership Think Tank, Grant Writing, Water Quality & Urban Runoff, Growth Management, Performance Measurement, Public Transportation. Note: Break out session topics and times are tentative and subject to change. OUR KEYNOTE SPEAKERS Dan Walters Sacramento Bee Journalist Syndicated Columnist Dave Rodney Mt Everest climber Writer - Videographer Robert C. Bobb City Manager Oakland, California John Holmes City Manager Riverside, California 195 A14MDk 24th Annual Conference The Northwoods Resort - Big Bear Lake CONFERENCE REGISTRATION FORM Name: Title: Organization: Address: City: State: Zip: Telephone: Fax: E-mail: ❑Please check here if you have a disability or special dietary need that requires an accommodation Please attach a description of how we can accommodate your needs. Conference Rates Conference registrations received before July 4 and amid before July 20 still qualify for the early discount rate. Please circle rate option selected Before After MMASC Member July 4 July 4 Conference + *Pre-conf. $235 $260 Conference only $165 $190 One day only $130 $155 Pre -conference only $ 85 $ 85 MMASC Student/Intern Member Conference + *Pre-conf. $125 $155 Conference only $ 80 $105 One day only $ 55 $ 80 Pre -conference only $ 65 $ 65 Non-MMASC Member Conference + *Pre-conf. $260 $285 Conference only $190 $215 One day only $175 $200 Pre -conference only $104 $104 TOTAL enclosed: $ TOTAL to be paid by July 20th: $ Hotel reservations must be made and payed for separately ... Make checks payable to: MMASC Send registration form & check to: Jennifer Smith, City of Encinitas 506 South Vulcan Avenue Encinitas, CA 92024-3633 "A Suite Deal" Early Registration Lottery All registrants who book their hotel room at the Northwoods Resort before July 4 will be entered into a lottery to win a luxury suite at the regular room rate. The winner will be notified by phone on July 5. *Pre -conference Requirement You must fill out, sign, and return the Peak Performance! Participation and Medical History Authorization form with your conference registration materials. W Don't forget to 12ES{){ make a room reservation at the Northwoods Resort! The Northwoods Resort A FINE HOTEL IN THE RUSTIC TRADITION 40650 Village Drive - P.O. Box 2943 Big Bear Lake, CA 92315 Tel:909-866-3121 Fax:909-878-2122 RESERVATIONS: 800-866-3121 Hotel reservations made priorto July 4 are guar- anteed at a rate of $89. View the Northwoods Resort online at: www.northwoodsresort.com You can download additional registration forms at: www.mmasc.org 19 Questions? Call Jennifer Smith (760)633-2772 or Scott Carroll (760)434-2992. 006 COUNCILIRDA MEETING DATE: July 3, 2001 Approval of a Change Order with Purkiss-Rose-RSI for the Topographical Surveying Study for Community Park Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Approve a change order with Purkiss-Rose-RSI for Community Park Improvements in the amount of $13,110 for the Topographical Surveying Study for the Community Park. FISCAL IMPLICATIONS: The additional cost associated with the Topographical Surveying Study for the Community Park totals $13,1 10. Funds for this project are available in Account #401- 694-609-000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 3, 2001, the City Council approved a Professional Service Agreement (Agreement) with Purkiss-Rose-RSI for the plans, specifications and engineer's estimates (PS & E's) for the Community Park. As noted in Attachment 1, which defines the scope of work for the Agreement, topographical or field studies are not included as part of the scope of work. However, these studies are critical to the development of the park. Purkiss-Rose-RSI has presented two options for consideration: City staff coordinates the study and provides the report to Purkiss-Rose-RSI, or to contract with Purkiss- Rose-RSI to conduct the survey as provided in Attachment 2. Staff is recommending the latter option, as Purkiss-Rose-RSI will be in direct contact with the civil engineering consultant, therefore expediting the project. Change Order #1 is provided as Attachment 3. 197 The original Agreement for the Community Park's PS & E's totaled $207,595. With this change order, the contract will total $220,705. There are ample funds in the budget for the Community Park for technical services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a change order with Purkiss-Rose-RSI for Community Park Improvements in the amount of $13,1 10 for the Topographical Surveying Study for the Community Park; or 2. Do not approve a change order with Purkiss-Rose-RSI for Community Park Improvements in the amount of $13,1 10 for the Topographical Surveying Study for the Community Park; or 3. Provide staff with alternative direction. Respectfully (submitted, die Horvitz!ColVmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Excerpt of Professional Services Agreement for the Community Park 2. Correspondence from Purkiss-Rose-RSI Regarding Topographical Survey Services 3. Change Order #1 198 002 S:\Community Services\CCReports\CC.126.Change Order Community Park.wpd ATTACHMENT 1 Community Park, Ciry of La Quima SCOPE OF WORK This Scope of Services is being suggested with full recognition that more detailed and accurate breakdowns can be developed after substantial input by staff. The specific tasks and their sequence are based on our experience with projects of similar scope and complexity. It is our firm's intent to produce a final product that meets your objectives in terms of citizen participation, design quality, innovation, budget control, and completion schedules. This program can still be modified to ensure attainment of these goals. The work plan will include, but is not limited to, the following: PHASE I - CONSTRUCTION PLANS AND SPECIFICATIONS Review project intent, scope, approach, schedule of work, and approvals required with staff and others, as directed. (I meeting) Prepare basesheet for construction drawings. Based on approved Master Plan, obtain approval for all site materials, equipment and site furnishings. 4. Based on approved Master Plan and the additive alternates determined by the City Council, prepare final plans, technical specifications and bidding documents in sufficient detail to obtain competitive construction bids. Plans shall incorporate City standards and meet all federal; state and lopal requirements as necessary. City shall provide final "Boiler Plate" for incorporation with technical specifications. The construction documents will include: • Demolition Plan • Grading and Drainage Plan • Public Utility Plan (sewer, water, gas) • Staking Plan (layout, parking, sports fields, play area, picnic areas, plazas, walks) • Planting Plan • Irrigation Plan Architectural Plans for Concession/Restroom Building • Electrical Plans (sports fields lighting, security fighting, irrigation controller service, buildings, public telephone) • Construction Details • , Technical Specifications purkiss rose-ni Page 15 of 30 199 C'04 Community Park, City of La Quinta SCOPE OF WORK • Additive Alternates as indicated below Basketball Court Exercise Trail & Stations Picnic Shade Shelters (2) Premanufactured Ornamental Fencing Tot Play Area Skateboard Park All construction will be in accordance with current ADA and Title 24 requirements. Submit for 50% review by City and other agencies. Make necessary corrections to plans, as needed. (2 meetings, 1 w/staff and 1 w/ others) 5. Present itemized opinion of probable costs for review and approval by City. 6. Submit for 100% review by City and other agencies. Make final corrections/adjustments as necessary. ( 2 meetings, 1 w/ staff and 1 w/ others) 7. Prepare final opinion of probable costs. 8. Assist City staff in bidding process as required. Participate in pre -bid meeting if scheduled by the City. Prepare any addendum required. (1 meeting) PHASE III - CONSTRUCTION SUPPORT SERVICES (6 month duration) 1. Attend pre -construction conference. 2. Review and approve all shop drawings and submittals. 3. Provide bi-weekly site visitations and prepare reports on construction progress and quality with recommendations for correction of any deficiencies.(12 meetings) 4. Participate in the review of the Contractor's interim pay requests. 5. Assist in processing requests for information (BFI's), quotation requests and change orders. 6. Participate in final walkthrough and prepare punch list for Contractor's action. purkiss rose-rsi Page 16 of 30 200 00D Community Park, City of La Quima SCOPE Ur' wvx& From "As Built" information provided by Contractor, revise drawings to produce "record drawings" indicating underground changes. EXCLUSIONS: Geotechnical Testing Topographical or Field Survey Inspection Services Reproduction of Bid Documents City "Boiler Plate" revisions E.I.R. or Environmental Assessment Footing Design for Premanufacturer Shade Shelters Page 17 of 30 purws rose-rsi 201 CO0G ATTACHMENT 2 purkisse-rose -ysi June 18, 2001 Ms. Dodie Horvitz City of La Quinta 78-495 Calle Tampico La Quinta, CA 92 253 SUBJECT: Proposal for Topographic Surveying Services, Community Park, La Quinta Dear Dodie: As I previously discussed with you, we strongly recommend that the City secure a current topographical survey that describes the present conditions of the site that will become the base information on which the grading, drainage arfd'street improvement plans will be developed. The grading plan by Dudek is dated August 1999 and represents a mass grading plan but not necessarily "As Built" conditions. With the size of this park site and the extent of the grading, we believe it is extremely important to provide the Contractor with the most accurate topographic base. A few inches difference over the size of this site can quickly become a sizeable amount of import or export, which we do not want. Getting an accurate, current topographic survey will eliminate these accuracy concerns. We asked for a proposal from our civil engineer, Huitt Zollars to provide these topographic survey services. Following is a description of their services: Establish ground control and provide V= 40' aerial topographic map of the 18.6 acre park site showing 1-foot contour intervals. Perform supplemental survey to detail edge conditions and features (e.g. walls, fences) along north and east property boundary. It is assumed that a City benchmark exists within close proximity to the site. Provide cross section survey of Westward Ho Drive and Adams Street at 25 foot intervals along the park site frontage. Surface culture and visible features of existing utilities will be located on the park site sides of the streets. The fees to perform these services are: Task 1. Aerial Topographic Map & Supplemental Ground Survey $6,900.00 Task 2. Cross Section Survey for Street Improvements associated with the Park Frontage 4 5$ , 00.00 Landscape Architecture Recreation and Park Planning 801 North Harbor 13oWevard Ibllerton, Califomia 92832 FAX: (714) 871-1188 (714) 871-3838 20 `' 00 $11,400.00 If this is run through Purkiss Rose-RSrs contract we would require a mark up of 15% to cover coordination and insurance coverage. This would equate to $13,110.00. Ifyou want to contract with them directly to save money that is OK too. Or if you have another surveyor that the City uses that would be fine as well. We are continuing with our design efforts but would like prompt direction on these services. Our contact at Huitt Zollars is Carl Taylor. 714-259-7900. Let us know how you want to proceed. Thank You. Sincerely, Steven N. ng, AS A Landscape Architect 1 203 008 �a� r V 5 S GFhl OF ATTACHMENT 3 Sheet of 1 of 1 PROFESSIONAL SERVICES AGREEMENT: COMMUNITY PARK PROJECT NO. 694 CONSULTANT: PURKISS-ROSE-RSI CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall confonn to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Provide topographical survey services for the Community Park project. This will include establishing ground control and provide 1 "=40' aerial topographic map of the 18.66 acre park site showing I foot contour intervals. Perform supplemental survey to detail edge conditions and features along north and east property boundary. It is assumed that a City benchmark exists within close proximity to the site. Provide cross section survey of Westward Ho Drive and Adams Street at 25 foot intervals along the park site frontage. Surface culture and visible features of existing utilities will be located on the park site sides of the streets. Previous Contract Amount Through Change Order No. 0 $ 207,595 Add/Deduct this Change Order $ 13,110 Revised Contract Total 3-----27U,703 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The original contract completion date shall be: 07 /01 /02 Submitted By: Date: Approved By: Date: We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted By: Title: Consultant: Date: 204 S:\Community Services\Community Park\CHANGE ORDER p1 wpd 009 09 6/25/01 COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Approval of a Contract Renewal with the Firm of Tri- Lake Consultants to Provide Capital Improvement Project Field Inspection Services AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �J STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. in an amount not to exceed $416,000 for Fiscal Year 2001/2002 capital improvement project and private development project field inspection services. In the preliminary Fiscal Year 2001/2002 Capital Improvement Program (CIP) budget, more than $1,200,000 is budgeted for inspection services. In the preliminary Fiscal Year 2001/2002 Traffic and Development budget, $208,000 is budgeted for inspection services. In addition, more than $600,000 was budgeted for inspection services in Fiscal Year 2000/2001 CIP projects that will not be completed until Fiscal Year 2001/2002. Therefore, sufficient funding is available, totaling $1,408,000, within the approved CIP budget and Traffic and Development budget to continue inspection services. In subsequent years, authorization will be subject to the number and amount of capital improvement projects. Inspections for private development projects will be paid for from developer fees. None. During the July 1, 1997 City Council meeting, the City Council acknowledged the need for professional services to provide field inspection services for various capital improvement projects. The City Council approved a Consultant Selection Committee and a Request for Proposals for Miscellaneous Construction Observation and Inspection Services for Various Fiscal Year 1997/1998 capital improvement projects. The City Council also authorized staff to receive proposals from qualified firms and negotiate the terms of a Professional Services Agreement with the most qualified firm, as determined by the Consultant Selection Committee. 205 T:\PW OEPT\COUNCIL\2001 \010703a. wpd During the December 2, 1997 City Council meeting, the City Council authorized the City Manager to execute a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc., in an amount not to exceed $106,987 for the Fiscal Year 1997/1998 CIP field inspection services. The agreement included a provision that allowed for the contract to be renewed for one additional year if both parties concurred. During the September 15,1998 City Council meeting, the City Council authorized a Professional Services Agreement Extension for Fiscal Year 1998/1999 with Tri-Lake Consultants, Inc. for CIP inspection services, in an amount not to exceed $193,000. During the June 1, 1999 City Council meeting, the City Council authorized the City Manager to bypass the competitive selection procedures in the renegotiation and renewal of the existing contract for continuing services, pursuant to Resolution 96-80, with the firm of Tri-Lake Consultants, Inc. for field inspection services. The renegotiation was completed and on July 6, 1999, the City Council authorized the City Manager to execute a contract renewal for professional services with the firm of Tri- Lake Consultants, Inc. in an amount not to exceed $380,928 for Fiscal Year 1999/2000 capital improvement projects and private development project field inspection services. During the July 5, 2000 City Council Meeting the City Council authorized the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. in an amount not to exceed $437,472 for Fiscal Year 2000/2001 capital improvement project and private development project field inspection services. The purpose for the renewal clause is to maintain inspection continuity during projects without having to seek proposals every fiscal year for the same services. The Professional Services Agreement (Attachment 1) was negotiated on an hourly basis at an hourly rate not to exceed $50.00 per hour with funding provided from the various CIP projects assigned to the consultant. Inspections for private development projects will be paid for from developer fees at an hourly rate not to exceed $50.00 per hour. The need for the private development inspections will be dependent upon future private development in the City. Tri-Lake Consultants Inc., has met City staff's expectations with their construction observations and inspection services. If the City Council does not desire renewal of the contract, a Request for Proposals for these services would be required and City staff would follow the City procedures in order to select a qualified consulting firm. 002 206 TAMOEPT\COUNCIL\2001\O10]03s. wpd The alternatives available to the City Council include: 1 . Authorize the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. in an amount not to exceed $416,000 for Fiscal Year 2001 /2002 capital improvement project and private development project field inspection services; or 2. Do not authorize the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer �Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement T: W W OEMCOUNCIL\2001 \O10703., wPd PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Tri Lake Consultants, Inc. ("Consultant"). The parties hereto agree as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Construction Observation and Inspection Services for FY 2001 /2002 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses. Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, ® it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. TAPWDEMC..1ta X2001\31k.PSA20012002.wpd Page 1 of 12 0 , 1 C 208 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed FOUR HUNDRED SIXTEEN THOUSAND and no/100 Dollars ($416,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term• Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. T:\PWDEPT\Co, 1tanW\2001 \31ksPSA2001 2002.wpd page 2 of 12 U Q 4•CI \d •\ • 2 aGa 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Habib M. Motlagh, P.E., President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against bcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and TAPWDEPnCowlta m\2001\31ksP5A20012002.wpd Page 3 of 12 t 1)7 210 naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,0O0 Personal Injury/Property Damage Coverage $100,000 per individual; $30O,000 per occurrence $5O,OOO - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,OOO per occurrence Consultant shall carry automobile liability insurance of $1,OOO,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. T:TWDEPT\CG r Itam 0001\31ksP5A20012002.wOd Page 4 of 12 1 I F C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. TAPMEPT\Con 1tent9\2001\31kaP3A20012002.wpd Page 5 of 12 0 0 9 212 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Riahts and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. r; 'f T:\PWDEPT\Com ltente\2001\31kaP5A20012002.WPd Page 6 of 12 iJ 1. 213 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. a 5u _k 011,6201MMEMP 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Tri Lake Consultants, Inc. Attention: Habib M. Motlagh, P.E., President 170 Wilkerson, Suite A P. O. Box 606 Perris, California 92570 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability T:\PWDEPT\Cormultanta\2001\31ksPSA20012002.wptl p2gC 7 Of 12 V11 214 shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jensen, City Attorney CONSULTANT: TRI LAKE CONSULTANTS, INC. By: (signature) Name: (printed) Title: Date: T:\PWDEPT\Conm1tanb\2001\31kePSA20012002.wpd Page 8 of 12 012 215 Exhibit A Scope of Services The Consultant shall; 1. Provide technical field representative/s to monitor the construction of a variety of Capital Improvement and private development construction projects. 2. Prepare and track project schedules as directed by the City. 3. As directed by the City, prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects. 4. Observe, document and report on project progress, daily construction activities, assume the City's role and act as the City's agent with contractors, developers, other outside agencies and with City contracted technical consultants. Page 9 of 12 013 216 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed FOUR HUNDRED SIXTEEN THOUSAND and no/100 Dollars ($416,000.00) except as specified in Section 1.6 - Additional Services of the Agreement. The agreed upon hourly rate for inspection personnel provided by the consultant shall be $50.00 per hour flat rate for all time periods. The City shall not pay any additional hourly wage for hours worked over 40 nor over 8. Compensable time shall begin when the inspector arrives at the designated work site and shall end when the inspector leaves the designated work site to commute or stops conducting business associated to the City. ! l Page 10 of 12 i , 217 Exhibit C Schedule of Performance Consultant shall complete all services within the FY 2001/2002, which shall end on July 1, 2002. Page 11 of 12 (1 1 r 218 Exhibit D Special Requirements 1. The Consultant shall provide a hand held (type) cellular telephone and service for each inspector assigned to the City at no additional cost to the City. 2. The City shall provide office space, land -based telephone, fax service and minor clerical support for the inspector at no additional cost to the consultant. 3. The Consultants inspector shall supply his or her own transportation to and from the designated work site. 4. UPON CONCURRENCE FROM BOTH PARTIES (CITY and TRI LAKE CONSULTANTS INC.)THIS AGREEMENT SHALL BE RENEWABLE FOR A PERIOD NOT TO EXCEED ONE-YEAR FROM THE CURRENT DATE OF EXPIRATION (per Exhibit 'C') OF THIS AGREEMENT. Page 12 of 12 016 WK #5 # COUNCIL/RDA MEETING DATE: July 3, 2001 Approval of Expenditure of Art in Public Places Funds for Jefferson Street Bridge Railings Structural Engineering Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the expenditure of $7,800 from the Art in Public Places fund for the Jefferson Street Bridge Railings structural engineering services. FISCAL IMPLICATIONS: The Jefferson Street Bridge Railing concept was provided by the Navarrete Studios. In order to construct the bridge railings, structural engineering services are required. The cost of these services is $7,800, as provided in Attachment 1 . The Art in Public Places fund can be utilized for this purpose. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 7, 2000 City Council meeting, the Council authorized staff to negotiate an Art Purchase Agreement with Navarrete Studios (artists) to provide artistic bridge railing designs for the Jefferson Street Bridge over the All American Canal. At the May 1, 2001 City Council meeting, the City Council approved the artistic concept for the Jefferson Bridge, to include the following: Base: Use the same raised design as on the Washington Street Bridge Railings: Use the same vertical lines in the railings as on the Washington Street Bridge Mountains: View #1, as presented by the artist (Attachment 2) 220 With the concept approved, RBF Consulting may now take the concept and incorporate the design into construction documents for the bridge railings. This will be completed by a change order to the RBF contract for Jefferson Street. Once the construction drawings are complete, the bridge railings will be constructed and incorporated into the Jefferson Street Bridge over the All American Canal. Staff will present color options for the bridge railings for consideration at a future City Council meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the expenditure of $7,800 from the Art in Public Places fund for the Jefferson Street Bridge Railings structural engineering services; or 2. Do not approve of the expenditure of $7,800 from the Art in Public Places fund for the Jefferson Street Bridge Railings structural engineering services; or 3. Provide staff with alternative direction. Respect Ily su mitted, hL Dodie orvitz, om nity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Structural Engineering Services Cost from RBF Consulting 2. Concept #1 as provided by the Navarretes 221 S:\Community Services\CCReports\CC.128.Jefferson Street Bridge Railings.wpd 0 U JUN-27-2001 10:18AM FR01- T-833 P.001/002 F-460 ■ a ClONBULTING ADDITIONAL WORK REQUEST SUMMARY Client: City of La Quints Work Requested By: John Freeland, City of La Quints ATTACHMENT 1 JN 20-100093 Request No. 1 June 19, 2001 Summary of Additional Work: RBF will prepare one plan sheet showing architectural details for the construction of a decorative hand railing and textured concrete barrier for the Jefferson Street Bridge over the All -American Canal. In general, the hand railing will be constructed of tubular steel as shown on the schematic design provided by the City and the pattern on the concrete barrier will be as shown for the Washington Street Bridge Widening in the City of La Quints. Estimated Fee for Additional Work: $ 7,800 Prepared By: __ 1iX4 / `�. Authorized By: (Client) (Date) PLANNING ■ DESIGN ■ FDN11TRL112T1gN 7+410 Highway 111, Palm Desert, CA 92200J714 ■ 760346.7481 Fa><76034$8315 Offices tcmill lhrougrw„ 1 C21domp, Amore d Namm ■ www.R6Faom 22.0 004 ATTACHMENT 2 223 co5 COUNCIL/RDA MEETING DATE: July 3, 2001 Approval of City Representative for the Santa Rosa/San Jacinto Mountains National Monument Advisory Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J H PUBLIC HEARING: Approve Council Member Henderson's application for membership on the Santa Rosa/San Jacinto Mountains National Monument Advisory Committee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As the Council is aware, an 101 was published on June 15, 2001 regarding nomination of a City representative to serve on the Santa Rosa/San Jacinto Mountains National Monument Advisory Committee. The Bureau of Land Management is accepting nominations from local agencies for members of the Santa Rosa/San Jacinto Mountains National Monument Advisory Committee, as required by the Federal Advisory Committee Act. A committee is being formed to advise the Secretaries of the Interior and Agriculture on resource management issues associated with the newly established National Monument. Attachment 1 is the Letter of Invitation from the Bureau of Land Management. Membership nominations are being accepted in the following categories: 1. A representative with expertise in natural science and research selected from a regional college or university; 2. A representative of the California Dept. of Fish and Game, or the California Department of Parks and Recreation; 224 3. A representative of the County of Riverside; 4. A representative from each of the following cities: Palm Springs, Rancho Mirage, Cathedral City, La Quinta, Palm Desert, and Indian Wells; 5. A representative of the Ague Caliente Band of Cahuilla Indians; 6. A representative of the Coachella Valley Mountains Conservancy; 7. A representative of a local conservation organization; 8. A representative of a local developer or builder organization; 9. A representative of the Winter Park Authority; 10. A representative of the Pinyon Community Council. Committee members serve without pay, but will be reimbursed for travel and per diem expenses. It is anticipated that the Committee will meet at least twice per year. Terms are generally for three years, with one-third of the members serving one or two year terms. Council Member Henderson has volunteered for category 4 representing the City of La Quinta. Application forms must be submitted to the Bureau of Land Management, Palm Springs -South Coast Field Office by July 20, 2001. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Council Member Henderson's application for membership on the Santa Rosa/San Jacinto Mountains National Monument Advisory Committee; or 2. Do not approve Council Member Henderson's application for membership on the Santa Rosa/San Jacinto Mountains National Monument Advisory Committee; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell, Management Assistant 225 C Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Letter, from the Bureau of Land Management 226 ATTACHMENT 1 ` ^4 4� Santa Rosa and San .lacinto Mountains National Monument Bureau of Land Management USDA Forest Service Palm Springs -South Coast Field Office San Bernardino National Forest P.O. Box 581260 1824 S. Commercenter Circle North Palm Springs, CA 92258 San Bernardino, CA 92408 (760)251-4800 (909)383-5588 May 31, 2001 Dear Sir or Madame, You are invited to prepare nominations for persons to serve as members of the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, managed under the provisions of the Federal Advisory Committee Act (FACA). Members of the Committee will advise the Secretaries of Interior and Agriculture on resource management issues associated with the National Monument. Nominations will be accepted by the Bureau of Land Management, Palm Springs -South Coast Field Office and the USDA Forest Service, San Bernardino National Forest until June 30, 2001. Nominations to the Committee should describe and document the proposed member's qualifications for membership on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee. Letters of reference from represented interests or organizations and any other pertinent information that speaks to a nominee's qualifications is also appropriate to submit. These documents, along with completed agency application forms (enclosed), should be sent to FACA Nominations, James G. Kenna, Bureau of Land Management, P.O. Box 581260, North Palm Springs, CA 92258 or FACA Nominations, Fran Colwell, USDA Forest Service, San Bernardino National Forest, 1824 S. Commercenter Circle, San Bernardino, CA 92408. Currently, the Bureau of Land Management and the Forest Service are preparing a Memorandum of Understanding (MOU) to facilitate the joint development of a National Monument Management Plan. The Committee will advise the Secretaries with respect to the preparation and implementation of this plan. The Committee will meet periodically to gather and analyze information, conduct studies and field examinations, hear public testimony, ascertain facts, and, in an advisory capacity only, develop recommendations concerning planning for the management and uses of the National Monument. All members will serve without pay but wdl be reimbursed for travel and per diem expenses. Committee members will generally serve three-year term appointments. 227 005 To facilitate Federal processes required by FACA, the Bureau of Land Management and the Forest Service have agreed to work jointly though the Department of Interior's FACA process in approving the Monument Charter and appointing committee members. Appointments to the Committee will be made jointly by the Secretary of the Interior and the Secretary of Agriculture. Equal opportunity practices, in line with USDI and USDA policies, will be followed in all appointments to the committee. To ensure that the recommendations of the Committee have taken into account the needs of the diverse groups served by the Departments, membership should include to the extent practicable, individuals with demonstrated ability to represent minorities, women, persons with disabilities, and senior citizens. Additional information may be obtained from the Notice of Intent to Establish and Call for Nominations for the Santa Rosa and San Jacinto Mountains National Nfonument Advisory Committee, as published in the May 31, 2001 Federal Register. Or you may contact Stephanie Bolen, Interim Monument Manager, Bureau of Land Management, Palm Springs -South Coast Field Office at (760) 251 4837 or Fran Colwell, Forest Assistant Recreation Officer, San Bernardino National Forest at (909) 884-6634 x3144. Sincerely, C. DOU LAS PUIMPR} District Ranger San Jacinto Ranger District Enclosures AMES G. KE'VN Field Manager Palm Springs -South Coast Area 228 T4ty4 4 Q" COUNCILIRDA MEETING DATE: July 3, 2001 Consideration of Location of a Third Fire Station to Serve Northern Portions of the City KI • LTA u L�, • As deemed appropriate by the City Council. LI&ief-'I 0 1 u' • AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: There are no immediate fiscal implications associated with the selection of a site for the City's third fire station. The estimated cost to design, construct, furnish, and provide an engine for a station is approximately $2,000,000 not including land. Staff is proposing transferring $1.4 million in Infrastructure Funds to assist in funding the proposed station. The location would be in Redevelopment Agency Project Area 2. In addition, staff is proposing to loan $1 million from Project Area 2 to accelerate the construction of the station (if Project Area 2 funding is not available, General Fund funding would have to be advanced). This would bring the total funding available to $2.4 million ($2 million for design, construction, furnishings, including the engine and $400,000 for land). In the near future staff will present to the City Council, for its consideration, an amended Developer Impact Fee (DIF) report which will propose that $1 million of costs associated with the new station ($2.4 million less the $1.4 million already paid by developers through the Infrastructure Fund) be included in the Developer Impact Fee. If the Fee is implemented, based upon issuing 300 single family permits annually, the Fire DIF would repay RDA Project Area 2 in Fiscal Year 2032/2033. The value of a two acre section of any of the parcels of land owned by the Agency are less than $400,000, if one of them is selected for the location of the third station, the DIF would be reduced accordingly. None. 229 At the June 19, 2001 meeting the City Council considered selecting a site for a fire station to serve the northern portions of the City. The City Council reached a consensus that the proposed site at Miles and Seeley was preferred (Attachment 1 and 2), but directed staff to identify alternate sites and continued the item to today's meeting. A consensus was also reached that the alternate sites must be located north of the Whitewater Wash in order to be considered. The following locations meet that criteria: • Attachment 3 depicts a 7.7 acre residential site located at the corner of Westward Ho and Roadrunner Lane. The site is undeveloped and is currently being used by Granite as a temporary equipment yard in conjunction with the street enhancements in the area. A majority of the parcel is extremely low in relation to the adjacent streets and would require a substantial amount of fill to create a buildable lot. If staff is directed to negotiate for this parcel, estimated costs to fill the lot would be established prior to making an offer for the land. Records show that the land transferred ownership in March of this year for $225,000. • Just west of the aforementioned parcel and also depicted in Attachment 3, are lots 1-4 which are located at the southeast corner of Dune Palms and Westward Ho. Lots 2-4 contain older homes (circa 1950) but if so directed, staff could negotiate for the four parcels which when combined would be approximately 2.5 acres. • Family Heritage Church is located at the northwest corner of Miles and Adams on a 9 acre parcel. Only about a third of the property is developed at this time and representatives of the Church stated that they would be willing to discuss a possible sale of a portion of the property. Attempts to contact a representative of the church have not been successful as of the time of the preparation of this report. The parcel on which the church is located is depicted in Attachment 4. Following is a list of other possible sites for a station but all involve demolition and possibly relocation of residents: • Dune Palms Mobile Home Park It has been discovered, in conjunction with the Dune Palms road widening project, that many of the units fronting on Dune Palms are encroaching into the City right of way and may have to be removed to complete the improvements. Although the solution to this problem has not yet been determined, one consideration may be to obtain enough land to complete the road 230 improvements and build a station. The location of the park is depicted in Attachment 3. • Jefferson Street Between the Wash and Westward Ho Drive Feasibility studies as to the ultimate width of Jefferson Street at this location may indicate that residences on one or both sides have to be removed to complete the ultimate improvements. It may be possible to locate a station on a portion of the vacated land in this area. • Indian Springs Clubhouse A new clubhouse will be developed for this project on Westward Ho Drive. If the developer does not have a use for the old clubhouse, or the land on which it is located, the developer may wish to sell the parcel of land to the City. CDF and County Fire staff will be present at the meeting to answer any questions the City Council may have regarding this issue. The alternatives available to the City Council include: 1. Designate Miles and Seeley as the location of the City's third fire station; or 2. Direct staff to negotiate for an alternate site not already owned by the Agency for the location of a third fire station for the northern portion of the City; or 3. Provide staff with alternative direction. espectfully submitted, E: 'II - -ti o artung, birector of Building and Safety / ro d for submission b Thomas P. Genovese, City Manager 231 Attachments: 1 . Map showing proposed coverage area of station located at Miles Ave and Seeley Dr. Z. Parcel map Miles and Seeley Dr. 3. Parcel Map for area of Dune Palms and Westward Ho 4. Parcel Map for Miles and Adams 5. Map showing proposed coverage area of station located at Dune Palms and Westward Ho 6. Map showing proposed coverage area of station located at Miles and Adams C _' 4 232 ATTACHMENT 1 1u H a... -100 233 IM IMtl 11YPo W Proposed Station A ,YAa rYYraaM 12 r 4� R N d X)TA GJ S ^ IM] — M.NAC XT E & nYACAA (D _ S )0 ®S ACNT �ETYAiER RNFR CN E1 : C K he '° yy ` ,� QWINTA qTy TNAIRFRIJ O a° /4y+q � ). Tam j a2 ,{ 12 i 2i 11 too°� o � 1u43 643 SAW us 1 10 UK 15 02 u una as wa: xs Ifni u 2! : a wv: es mw NUR'S YAP SK604 PG.N i'a.id, County, Wiy. 2V Q SLR IXO��C MN 08 1 11 ul n YB 191�10-15 PARCEL NAP NO. 28833 Jon 100 ATTACHMENT 2 v 7 234 4a 30 Vacant in 2 3 LOT 0 LOT A E i3a we 132 00 PM 113/5 PAR2 PAR1 6 O O m C ^ a m e m � Jn Vacant House House 1.90 AC PM 113/54 ass, 00 132 00 12 494 as i6 00 S v ^ House 2.21 AC m Future Church j 3 A w 2.39 AC 2955 5/47 GIG 00 / � 1132 9/SB VCR C ^^Q 4.L 44 Trailer Park 8 11.29 AC TRA 020-112 clvcc•33) 55 Q S ATTACHMENT 3 v' 8 23) 54 mrs /uv a ro .sscnr r ruewara"or, S uJ I LAL ,.Ty._..._.. -_ 2I I IL I I II II nAze soe-e xo peer Ps N/N ASSE6 s MAP BK 6Oe PIG OJ XVF/ of cw0 r,, CALIF eo r� Jze>r .is n_ N 2 SEC /9 TSS. R.7E. 509 08 O PMf .S//93-90 Porn/ MOy Ab M B. 2/3/25-30 7mc/ M 23971-197/-I v ATTACHMENT 4 6/J-W TR.A.020-0/l 604— 03 ow-M on-6 POro-033 � 0P0-06B 609 77 OR. /e 11 11Z Family Heritage Church N v 0" J BN C09 236) '��F%i Tiht 4 4Qum& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Consideration of Approval of Investment Advisory Board 2001 /2002 Work Plan RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Investment Advisory Board 2001 /2002 Work Plan. FISCAL IMPLICATIONS: Fiscal implications consist of Board Member meeting expenses, budgeted at $4,200, and staff support time. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Investment Advisory Board's 2001/2002 Work Plan (Attachment 1) is summarized and presented as follows: • Review of government buy-back of U.S. Treasuries and potential impact on City's investment program; • Continue monthly review of City investment program for optimum return on City investment. 239 The alternatives available to the City Council include: 1 . Approve the Investment Advisory Board 2001 /2002 Work Plan; or 2. Do not approve the Investment Advisory Board 2001 /2002 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted: M. Falcdner,IFinance Director Approved for Submission by: Thomas P. Genovese, City Manager City Manager Attachment: Investment Advisory Board 2001/2002 Work Plan Pon 009 City of La Quinta Investment Advisory Board Fiscal Year 2001 /2002 Work Plan • Review of government buy-back of U.S. Treasuries, and potential impact on City investment program; • Continue to review City investment program for optimum return on City investments. 004 241 Tit!t44Q" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: ITEM TITLE: Consideration of a Resolution of the City Council Approving the Issuance by the La Quinta Redevelopment Agency of its La Quinta Redevelopment Project Area No. 1, Tax Allocation Bonds, Series 2001 and Making Certain Determinations Relating Thereto RECOMMENDATION: BUSINESS SESSION: 3 July 3, 2001 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution of the City Council approving the issuance by the La Quinta Redevelopment Agency of its La Quinta Redevelopment Project Area No. 1 Tax Allocation Bonds, Series 2001 and making certain determinations relating thereto. FISCAL IMPACT: None. BACKGROUND AND OVERVIEW: As part of the its fiscal management activities the La Quinta Redevelopment Agency Board authorized staff to evaluate the feasibility of issuing additional tax allocation bonds secured only by Project No. 1 tax increment revenue. In May 2001, the Agency Board approved a financing team to structure a bond issue. The team has subsequently been evaluating existing Agency payment obligations, preparing tax increment revenue projections, and consulting with both rating agencies and insurance companies. They have concluded that the Agency can sell approximately $46.0 million in tax allocation bonds. Bond activities have progressed to a point where documents have been completed and are ready to be distributed to bond insurance and rating agencies. This will lead to a bond sale in August or September of this year. In order to sell the bonds, the City Council must approve the bond sale and determine that the bond proceeds will 242 be used for redevelopment purposes pursuant to Health and Safety code Section 33678. If the Agency sells these bonds, the proceeds will be used to fund capital improvement projects, construct public facilities, and fund economic development initiatives that alleviate blight in Project Area No. 1. The capital improvements and public facilities will correct deficiencies that are detailed in the Agency's Five Year Implementation Plan. The economic development initiatives will be designed to assist private property owners to rehabilitate or develop their properties in a manner that facilitates more productive use of the land while protecting sensitive environmental areas. Further, these initiatives will be designed to capitalize on generating revenue that supports the City's General Fund. The attached resolution facilitates the bond sale by: • Approving the issuance of up to $48.0 million of tax allocation bonds to aid in financing redevelopment activities in Project No. 1; and • Authorizing the City Manager and Finance Director and other City staff members who have responsibility for the Agency's affairs to execute the documents and certificates necessary to facilitate the bond sale. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Adopt a resolution of the City Council approving the issuance by the La Quinta Redevelopment Agency of its La Quinta Redevelopment Project Area No. 1 Tax Allocation Bonds, Series 2001 and making certain determinations relating thereto; or 2. Provide staff with alternative direction. submitted, M. Falconer. IFinance Director Approved for Submission by: Thomas P. Genovese, City Manager 243 1011fe RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1, TAX ALLOCATION BONDS, SERIES 2001 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO WHEREAS, the La Quints Redevelopment Agency (the "Agency"), is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part I of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, a Redevelopment Plan known as the "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 1" has been adopted and approved by Ordinance No. 43 of the City of La Quinta (the "City"), which became effective on December 29, 1983 and all requirements of law for and precedent to the adoption and approval of said Redevelopment Plan have been duly complied with; and WHEREAS, the Agency has approved in substantial form its Resolution entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE LA QUINTA REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF TAX ALLOCATION BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED FORTY-EIGHT MILLION DOLLARS ($48,000,000) TO FINANCE A PORTION OF THE COSTS OF A REDEVELOPMENT PROJECT KNOWN AS THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1 AND 244 1)*t l24/015610-0053 184940.03 PM01 APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. WHEREAS, under and pursuant to the above Resolution, the Agency will authorize the issuance and sale of not to exceed $48,000,000 principal amount of its "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 1, Tax Allocation Bonds, Series 2001" (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: Section 1. Approval of Issuance of Bonds. The issuance of a principal amount not to exceed $48,000,000 of Bonds in order to aid in the financing of the La Quinta Redevelopment Project Area No.I and for other purposes related thereto, all of which constitute a "redevelopment activity", as such term is defined in Health and Safety Code Section 33678, is hereby authorized and approved pursuant to Health and Safety Code Section 33640. Section 2. Authorization of Officers. The City Manager and Finance Director of the City and the other officers and members of staff having responsibility for the affairs of the Agency are hereby authorized to execute such documents and certificates determined by Bond Counsel as necessary to assist the Agency in the issuance of the Bonds. Section 3. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this 3`d day of July, 2001, by the following vote: AYES: NOES: 124/015610-0053 194940.03 PM01 _2_ 24,5 004 ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHRINE JENSON, City Attorney City of La Quinta, California 124/015610-0053 184940.03 PM01 -3- 246 C1f1�`i STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LA QUINTA ) CLERK'S CERTIFICATE OF AUTHENTICATION I, JUNE GREEK, Clerk of the City of La Quinta, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. of the City and that the Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. Dated: July 3, 2001 Clerk of the City of La Quinta 247 124/015610-0053 nos 184940.03 PM01 -4- Tiht 4 4 Q" COUNCIL/RDA MEETING DATE: July 3, 2001 Consideration of Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2001-2002 AGENDA CATEGORY: BUSINESS SESSION: A CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract services agreement with the La Quinta Chamber of Commerce and authorize the Mayor to execute the contract. The City's Preliminary Budget, considered by the City Council on June 26, 2001, contains funds for the La Quinta Chamber of Commerce in the amount of $125,000 (Account 101-103-605-535). The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Chamber of Commerce contract are consistent with this objective. The City has been entering into an annual contract services agreement with the La Quinta Chamber of Commerce for approximately ten years. In preparation for the upcoming fiscal year, staff met with Chamber of Commerce representatives in May 2001 to discuss their contract proposal for Fiscal Year 2001-2002. The Chamber of Commerce subsequently submitted a contract proposal requesting $125,000 in funding for Fiscal Year 2001-2002, which is $25,000 less than the funding received during Fiscal Year 2000-2001 (Attachment 1). The proposed contract amount does not include funding for Mainstreet Marketplace in accordance with direction given by the City Council at the June 26, 2001 City Council Meeting on the Preliminary Budget. Staff prepared the attached Contract Services Agreement based on the Chamber's proposal for City Council's consideration (Attachment 2). The Agreement provides for four quarterly appropriations in varying amounts totaling the contract sum of $125,000 in exchange for services in the following four areas: ■ Business Retention and Promotion ■ The "Gem" Newspaper ■ Visitor's Center The Executive Director of the Chamber, Valerie Smith, has been advised of this meeting and has indicated that a representative(s) of the Chamber will be present at the July 3, 2001 City Council meeting. The City Council has reserved funds within the Fiscal Year 2001-2002 Preliminary Budget for the Chamber of Commerce. The approval of a contract services agreement will allow the City and Chamber to implement the Chamber's proposals for Fiscal Year 2001-2002. The alternatives available to the City Council include: 1. Approve a contract services agreement with the La Quinta Chamber of Commerce and authorize the Mayor to execute the contract; or 2. Do not approve a contract services agreement with the La Quinta Chamber of Commerce; or 3. Provide staff with alternative direction. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Chamber of Commerce 2001-2002 City -Chamber Contract Proposal 2. Contract Services Agreement for Fiscal Year 2001-2002 249 G:\MyD8te\WGD0CS\CITY COUNCIUCCBTFFCHAMBER CONTRACT FY01-03 07-03 01.wpJ 10 0 N June 8, 2001 To: From: Re: ATTACHMENT 1 �f t Tom Genovese, City Manager p t51 D Mark Weiss, Assistant City Manager Lr JUN 12 2001 i Shelly Morris, President CITY OF i A ❑IIIMI 2001-2002 City -Chamber Contract Proposal for Services We are pleased to submit the La Quinta Chamber of Commerce contract proposal for services for the period July 1, 2001 through June 30, 2002. This year the Board of Directors has given priority to the financial status of the Chamber. The Executive Committee performed in-depth reviews of the monthly financials on a regular basis. Monthly board meetings also provided an opportunity for on -going budget reviews, which became the basis for the following contract recommendations. We propose to mdklify the current Scope of Services to include: A. Business Retention and Promotion; B. The "Gem" Newspaper, and C. The Visitors Center. Previously our contract included six Mainstreet Marketplace events. Based on recent discussions regarding Mainstreet with council members and the Mayor, it appears the consensus is to allow additional time for further study of these events. It should be noted that the Chamber Board of Directors voted to continue Mainstreet Marketplace for the year 2001-2002. It was determined that the hard costs to provide six events would require an increase of $15,000 over last year's previous contract for services. The Board felt strongly that the focus of next season's proposed Mainstreets should be to highlight the newly revitalized Village. A separate contract for services will be proposed for this line item A. Business Retention and Promotion: The growth of La Quinta has had a positive impact on the growth of our membership base. The Chamber has positioned itself for membership retention and growth by clearly defining the value of membership benefits and services provided. We have increased our membership by 100 this past year. Our dues structure will increase, however, valley -wide we will still remain the most economic Chamber to join. We are pleased that we are able to decrease this line item by $10,000. La Quinta Chamber of Commerce 250 78-371 Highway 111 La Quinta, CA 92253 Phone: 760-564-3199 Fax 760-564-3111 www.laqu'mtachamberofcommerce.com 0 014 Page Two 1001-2002 pry-ChwNber Conbad Proposal for Services C. The "Gem" Newsnaaer: Due to postal regulations, the number of copies printed will be increased from 12,000 to 15,000. We view this as a positive change as we will now have the ability to reach all residents in La Quinta. The costs for postage, printing and processing for mailing require an increase of $15,000 to continue to produce 10 issues. Staff is preparing a report of proposed improvements and changes to The "Gem'. We have received many positive comments this past year on this publication. The newspaper is our greatest opportunity to reach a target audience to promote the City and Chamber. We also need to keep in mind the possibility of future expansion to include circulation to the residents in the annexation survey areas. C. The Visitors Center: We believe this to be a vital service we provide for the City. The media attention La Quinta is experiencing because of our growth justifies the staffing of this facility seven days a week during the season. Exposure from our improved website and the demand for more information and service from visitors and the increased number of residents, significantly impacts staff and facilities. Improvements to the facility combined with additional equipmenthechnology and a professional staff and volunteers have resulted in a more efficietlt operation. We are pleased to report that we anticipate continuation of operating at this capacity with no increase in cost to the City. Adjustments reflected in the above information would bring the total contract amount to $125,000 for the 2001-2002 fiscal year. The Board has requested consideration be given to adjust the payment for services schedule to reflect the months of greatest impact to our budget created by The "Gem." Therefore we would suggest: July Payment $41,500 October Payment $21,000 January Payment $41,500 April 15 Payment $21,000 Thank you in advance for your support. We look forward to our continued relationship with the City. 251 0�5 ATTACHMENT 2 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the "Contractor") (the "Chamber"). WHEREAS, the City and Contractor originally entered into those certain funding and lease agreements for the 1991-1992 through 2000-2001 fiscal years; and, WHEREAS, both parties agree that the services performed by Contractor result in direct benefits to the project areas in commercial revitalization and stimulation. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion, encouragement, representation and retention of business and business activities in the City of La Quinta, as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "service" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past services undertaken by Contractor. 1.2 Contractor's Proposal. The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 252 006 1.4 Licenses, Permits. Fees. and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of One Hundred Twenty -Five Thousand ($125,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment July 15, 2001 $41,500 October 15, 2001 $21,000 January 15, 2002 $41,500 April 15, 2002 $21,000 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 253 0-'D7 3.3 Force Maieure. The time period specified in the scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgement such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2002. 4.0 COORDINATION OF WORK 4.1 Representatives of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Dr. Kurt Spurgin, President b. Sheila Fleet, Vice President — Legislative and Community Affairs C. KimBerly Keyton, Vice President - Membership Services d. Bill Lohman, Vice President - Special Events & Fund Raisers e. Loretta Duffy, Treasurer f. Shelly Morris, Immediate Past Chairman g. Valerie Smith, Executive Director It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 254 008 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontractino or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents, or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. For all special events as defined in the Scope of Services (Exhibit "A"), the Contractor shall procure and maintain, at its cost, and submit according to the usual time frame required for insurance under a minor outdoor event permit, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. Said insurance shall be the same as is required by the City pursuant to obtaining the minor outdoor event permit for each of the events. Contractor shall also carry general liability and property damage insurance against 255 H9 all claims for injuries against persons or damages to property resulting from Contractor's act or omissions arising out of or related to Contractor's performance under this Agreement in an amount equal to One Hundred Thousand Dollars ($1OO,OOO) per individual and Three Hundred Thousand Dollars ($300,000) per occurrence. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such losses. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City concurrent with execution of this Agreement. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, as its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums of such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. 256 010 Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, quarterly progress reports, including an accounting of expenditures, shall be provided on or about September 2001, December 2001, March 2002, and June 2002. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this 257 011 Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease spending City funds except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered and/or committed to contractually prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days' written notice to City. 258 M 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, director or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of; any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. 25-1) 0 IL 3 To City: CITY OF LA QUINTA P. O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: LA QUINTA CHAMBER OF COMMERCE 78-371 Highway 111 La Quinta, California 92253 Attention: Valerie J. Smith, Executive Director 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are',formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. 260 oil CITY OF LA QUINTA, a California municipal Corporation Dated: By: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Dated: LA QUINTA CHAMBER OF COMMERCE -32 Nam Title: "CONTRACTOR" 261 0 15 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE The Chamber shall provide the following services: A. Business Retention & Promotion B. The Gem Newspaper (10 editions) D. Visitor's Center The Chamber shall provide the City with written quarterly reports of its activities required by this Agreement. These reports will be submitted on the following schedule. 1. First report - September 2001 2. Second report - December 2001 3. Third report - March 2002 4. Fourth report - June 2002 \\LAQUINTA\VOL2\HOME\BWWILSON\MyData\OTHER\Chamber Contract 2001-02.doc 262 01R AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 3, 2001 CONSENT CALENDAR: ITEM TITI •E: -- STUDY SESSION: _ Consideration of a Contract Change Order for Coachella Valley Water District Directed PUBLIC HEARING: Modifications to the Sewer Crossing on the Bridge over the All -American Canal at Jefferson Street, Project No. 99-05 Approve a contract change order in the amount of $214,000 to compensate the contractor for modifications required by the Coachella Valley Water District to the sewer crossing at the bridge over the All -American Canal on Jefferson Street, Project 99-05. The following represents the project budget and funding sources: SB 300 (401-000-493-485) Infrastructure Funds (401-000-493-000) CVAG Funding (401-000-466-481) TOTAL FUNDING: The following summarizes costs for construction support: Project Design: Construction Management: Materials Testing/Field Survey: Right of Way Acquisition: Administration: $713,41 1.00 $2,882,008.00 $12,589,513.00 $16,184,932.00 $1,235,338 $444,494 $141,635 $1,557,863 $668,010 Total $4,047,340 T:\PWDEPT\C0UNCIL\2001\010703c.wPd 263 The following represents a summary of the project construction budget: Base Construction Contract Amount: $6,866,566 Contract Change Order Nos. 1-26: $1,045,173 Contract Change Order No. 27: $214,000 Revised Contract Total: $8,125,739 As illustrated the total amount of Contract Change Order No. 27 is $214,000. CVWD has given a verbal commitment to pay for additional costs above the original scope of work. The original bid item (No. 98) was $35,000; therefore, CVWD would be responsible for the difference of $179,000. No additional appropriation is required. This change order is a result of a request from CVWD to change materials and modify design after the initial contract was awarded. Had this work been identified during the design process, it would have been included as an item for bid and bid as part of the original project. None. The project was bid and is being constructed utilizing prevailing wages. On June 29, 1999, the City Council awarded a contract to construct Phase I of the Jefferson Street Improvement project to Granite Construction Company in the amount of $6,866,566.00. Contract Change Order No. 27 (Attachment 1) will compensate the contractor for the following work items associated with modifications to the sewer crossing at the bridge over the All -American Canal. CVWD, by their own admission, indicated they previously had a sewer line breach at a crossing over the All -American Canal in a different location. The breach caused raw effluent to enter downstream irrigation waters. The sewer crossing pipe material in service at the time of the breach was ductile iron pipe (DIP). In an effort to mitigate this type of breach in the future, CVWD modified the design of the sewer crossing and changed the piping material to stainless steel within a heavy steel sleeve, 30 inches in diameter with one-half inch wall thickness. In November 2000, CVWD requested a change in materials for the sewer crossing relocation at the All American Canal. In January 2001, CVWD stated that the February 8, 2001, scheduled sewer tie-in using Ductile Iron Pipe (DIP) would not be allowed without revised drawings. In a January 19, 2001 field meeting with CVWD, n 264 T: W W OEMCOUNCIL\2001 \010703c.wpd the City was informed that the revised drawings would include details to raise the proposed newly constructed crossing sleeve and provide a drainpipe. The alternatives available to the City Council include: Approve a contract change order in the amount of $214,000 to compensate the contractor for modifications required by the Coachella Valley Water District to the sewer crossing at the bridge over the All -American Canal on Jefferson Street, Project 99-05; or 2. Do not approve a contract change order in the amount of $214,000 to compensate the contractor for modifications required by the Coachella Valley Water District to the sewer crossing at the bridge over the All -American Canal on Jefferson Street, Project 99-05; or 3. Provide staff with alternative direction. Respectfully submitted, C ris A. Vogt" Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Contract Change Order No. 27 00 3 T:\P DEMCOUNCI L\2001\010703C. wpd 2 V T• J > �y OF TNT ATTACHMENT 1 Sheet 1 of 2 CONTRACT: JEFFERSON STREET IMPROVEMENTS PROJECT NO.99-05 HIGHWAY III TO AVENUE 54 CONTRACTOR: Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO.27 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. Note: This Change Order Is not effective until approved by the Engineer. Below is the description of the work to be done, estimate of quantities. and prices to be paid. The work is segregated between additional work at contract price, agreed price, and force account Unless otherwise stated rates for rental equipment if for that which is actually used and no allowance will be made for idle time. Change requested by: Engineer The last percentage shown for work at contract price is the net accumulated increase or decrease from the original quantity in the Engineer's estimate. DESCRIPTION OF CHANGE: Provide labor equipment and material for the relocation of the Coachella Valley Sewer Force Main as shown on Revised Plan Sheet 104E of 104E, dated April 27, 2001. EXTRA WORK AT FORCE ACCOUNT For this work, the Contractor shall be paid in accordance with Section 8.3 `Force Account Payment' of the Contract General Conditions. 005 2 6 R C9JEFFER-11CONTRA-MCO#27-11CCO27.wPO CONTRACT: JEFFERSON STREET IMPROVEMENTS . HIGHWAY 111 TO AVENUE 54 CONTRACTOR: Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO.27 TIME ADJUSTMENT Sheet 2 of 2 PROJECT NO.99-05 Consideration of a time adjustment will be deferred until completion of the work specified herein. Determination of a commensurate time extension will be made in accordance with Section 8.4 `Time Extensions for Change Orders' of the General Conditions. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: S 214,000.00 Previous Contract Amt. Through Change Order No. -26 - S 7,697,73933 Add/Deduct this Change Order S 214.000.00 Revised Contract Total S 7,911,73933 By reason of this contract change order the time of completion is adjusted as follows: Time Adjustment Deferred Submitted Approved Approved (City of Indio) Date: of L.Q.) We, the undersigned Contractor, have given careful masideradon to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, fo-nish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work and hereby accept as full payment the amount shown above, which includes direct and indirect overhead expenses for any delays. � I Accepted By L Z%2 Title: Contractor: Granite Construction Company Date: S/ZZ-(bI 006 C:UEFFER-11CONTRA-t1CCC0V-11CC=WPO 2 6 j AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 3, 2001 CONSENT CALENDAR: _ ITEM TITLE: STUDY SESSION: _ Consideration of Contract Change Order (CCO) to Eliminate the Coachella Valley Water District Pump PUBLIC HEARING: Station Within Project No. 99-05, Jefferson Street Improvements, Phase I, Avenue 54 to Highway 111 Approve Contract Change Order No. 31 to eliminate the re -construction of the Coachella Valley Water District Pump Station within Project No. 99-05, Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1 . The following represents the project budget and funding sources: SB 300 (401-000-493-485) $713,411.00 Infrastructure Funds (401-000-493-000) $2,882,008.00 CVAG Funding (401-000-466-481) $12,589,513.00 TOTAL FUNDING: $16,184,932.00 The following summarizes costs for construction support: Project Design: Construction Management: Materials Testing/Field Survey: Right of Way Acquisition: Administration: $1,235,338 $444,494 $141,635 $1,557,863 $668,010 Total $4,047,340 TAPWDEP =UNCU2001\010703d.wpd 268 The following represents a summary of the project construction budget: Base Construction Contract Amount: $6,866,566 Contract Change Order Nos. 1-30: $1,026,605 Contract Change Order No. 31: ($119,500) Revised Contract Total: $7,773,671 As illustrated, Contract Change Order 31 reduces the Jefferson Street Phase I construction by ($119,500). Adequate funding is available to support staff's recommendation. None. The project was bid and is being constructed utilizing prevailing wages. On June 29, 1999, the City Council awarded a contract to construct Phase I of the Jefferson Street Improvement project to Granite Construction Company in the amount of $6,866,566.00. The project was originally bid with certain modifications to the L-3 pump station in order to accommodate the new street widening. However, at the time of bid CVWD had not completed their review of the L-3 modification plans. After their completed review, the scope of work had increased significantly; the engineer's estimate is now $414,879. The L-3 irrigation pump station is located at the northeast corner of Jefferson Street and Avenue 49. This location is entirely within the jurisdiction of the City of Indio. Contract Change Order No. 31 (Attachment 1) eliminates the re -construction of the Coachella Valley Water District (CVWD) pump station from the Jefferson Street Phase I construction contract. Specifically, CCO 31 omits Items 89 - Concrete Work, 90 - Pump and Motors, 91 - Piping, Valves and Supports, 92 - Painting, 93 - Electrical Service/Motor Control Center; 94 - Other Electrical Lighting, and 95 - Site Work, Walls and Gates from Granite's construction contract. City staff has coordinated with City of Indio public works staff and CVAG staff regarding the elimination of this work from the current contract and has received their concurrence to bid the work separately. In October 2000, with the approval of the revised pump station plans pending, the Contractor informed the City that the pump station materials have a 10 week lead time. In January 2001, the pump station drawings were approved by CVWD. In March 2001, the designer provided the City with an engineer's estimate for the work proposed within the CVWD approved plan revision in the amount of $414,879. 269 002 T:\PW DEFT\COUNCIL\2001 \O10]03tl.wptl Considering the estimated costs of the revisions, the long lead time for material deliveries, the delays to roadway construction, and the potential for extended overhead costs claimed by the Contractor, it has been determined that deleting the current items of work from the existing construction contract is in the best interest of the Project. It is intended that the revised pump station be bid and constructed as a stand alone project after Jefferson Street Phase I is complete. The estimated cost for a temporary tie-in of the new irrigation system to the existing pump station is $25,000. The alternatives available to the City Council include: 1. Approve Contract Change Order No.31 to eliminate the re -construction of the Coachella Valley Water District Pump Station within Project No. 99-05, Jefferson Street Improvements, Phase I, Avenue 54 to Highway 111; or 2. Do not approve Contract Change Order No.31 to eliminate the re -construction of the Coachella Valley Water District Pump Station within Project No. 99-05, Jefferson Street Improvements, Phase I, Avenue 54 to Highway 111; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Contract Change Order No. 31 r) 003 T:\P W DEMCOUNCILU001 \010703d.wpd �T F tp � y OF Tt CONTRACT: CONTRACTOR: ATTACHMENT I Sheet 1 of 2 JEFFERSON STREET IMPROVEMENTS PROJECT NO.99-05 HIGHWAY 111 TO AVENUE 54 Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO.31 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the; plans and specifications for this Contract Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. Note: This Change Order is not efedive until approved by the Engineer. Below is the description of the work to be done, estimate of quantities, and prices to be paid. The work is segregated between additional work at contract price, agreed price, and force account. Unless otherwise stated, rates for rental equipment if for that which is actually used and no allowance will be made for idle time. Change requested by: Eneineer The last percentage shown for work at contract price is the net accumulated increase or decrease from the original quantity in the Engineer's estimate. fr It frt,tA**ki.*,t�ltrlt*1t*�ir�1k1t1ti.*ltirlt**�tr*rtfr1t1t1t***fret*ltie****1tk1t1r1t1t*�*ira1t1r1t*ltltafe iebltltfr*s1t#fntfr1t1t1t*1t DESCRIPTION OF CHANGE: In accordance with Section 8.0 `Project Modification Procedures' of the General Conditions, omit Bid Schedule Items 89 `Concrete Work'; 90 `Pump and Motors'; 91 `Piping, Valves, and Supports'; 92 `Painting'; 93 `Electrical Service/Motor Control Center'; 94 `Other Electrical and Lighting'; and 95 `Site Work - Walls and Gates'. DECREASE IN CONTRACT ITEMS AT CONTRACT ITEM UNIT PRICE: Item Description Amount 89 Concrete Work -; 'LS @ $ 4,500 (- 100%) $ 4,500.00 (- 100%) 90 Pump and Motors -1 LS @ $ 20,000 (- 100%) $20,000.00 (- 100%) 91 Piping, Valves, and Supports -1 LS @ $ 30,000 (- 100%) $30,000.00 (- 100a/o) 92 Painting -1 LS @ $ 4,000 (- 100%) $ 4,000.00 (- 100%) 0115 C.UEFFER-11CON1RA-1e:Conl-l=031.wPD 271 Sheet of 2 CONTRACT: JEFFERSON STREET IMPROVEMENTS PROJECT NO.99-05 HIGHWAY 111 TO AVENUE 54 CONTRACTOR: Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO.31 Item Description Amount 93 Electrical Service/Motor Control Center -1 LS @ $ 35,000 (- 100%) $35,000.00 (- 100%) 94 Other Electrical and Lighting -1 LS @ $ 5,000 (-100%) $ 5,000.00 (- 100%) 95 Site Work - Walls and Gates -1 LS @ $ 21,000 (- 100%) $21,000.00 (- 100%) In accordance with Section 3-2 `Changes Initiated by the Agency' of the Standard Specifications, the Contractor agrees that the adjustment due to the omission of Item Numbers. 89, 90, 91, 92, 93, 94, and 95 is zero. Consideration of a time adjustment will be deferred until completion of the work specified herein. Determination of a commensurate time extension will be made in accordance with Section 8.4 `Time Extensions for Change Orders' of the General Conditions. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL BE: $ 0.00 ********************************************************************************************* Previous Contract Amt. Through Change Order No. -30 - $ 7,893,171.33 ,(Deduct) this Change Order $ (119500.00) Revised Contract Total $ 7,773,67133 By reason of this contract change order the time of completion is adjusted as follows: Time Adjustment Deferred, ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Submitted By: Date: Approved By: (City of Indio) Approved By: (City of L.Q.) Date: We, the undersigned Contractor, have given careful consideration to the change propaw and hereby agree, if this proposal is approved that we will pride all equipment furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes direct and indirect overhead expenses for any delays. Accepted By: Contractor: Granite Construction Company Title: Date: C:UEFFER-11CONTRA-1ICCO#3i-11CC031. W Pn rii1n 27 Tit!t 4 4 Q" COUNCIL/RDA MEETING DATE: July 3, 2001 ITEMTITLE: Consideration of a Contract Change Order to Modify the Traffic Circle and Surrounding Traffic Control Devices at Avenida Montezuma and Avenida Navarro, Assessment District 2000-1, Project 98-19 A/B As deemed appropriate by the City Council. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The following table illustrates the approved project budget. Construction $4,425,431 Inspection/Testing/Survey $342,971 Construction Management $442,543 Administration $221,272 Contingency $543,222 Total $5,975,439 The following table represents actual and projected construction costs that would be assignable to the construction contingency account. Contingency $543,222 Approved CCO's (incl. CVWD work) ($459,308) Pending CCO's ($109,335) Potential Quantity Increases ($10,982) Potential Quantity Decreases $0 Remaining Contingency ($36,403) CCO to be reimbursed by CVWD $340,376 Net Remaining Contingency $303,973 As illustrated, adequate funding is available to execute the proposed contract change order to modify the existing traffic circle at Avenida Montezuma and Avenida Navarro. T:WWDEMCOUNC I L\2001\010703g.wpd 273 None. On June 20, 2000, the City Council awarded a contract to Granite Construction Company in the amount of $4,425,431 to construct improvements within Assessment District 2000-1, Project No. 98-19 A/B and Prototypical Street. Included within the project scope of improvements was the construction of a 'traffic circle' located in the intersection of Avenida Montezuma and Avenida Navarro at the eastern end of the Francis Hack Park. The design intent of the traffic circle was to calm traffic while allowing for unrestricted flow. Korve Engineering did not design the traffic circle to facilitate the movement of an 18 wheel tractor trailer rig. Mail is delivered to the La Quinta Post Office at night by trucks up to the size of an 18 wheel tractor trailer; therefore, the round about as designed would not function properly. In order to facilitate the mail delivery, a field change was made, leaving the traffic circle flush with the elevation of the street surface. Upon completion of the streets and the traffic circle, a field review of how motorists reacted in this intersection was conducted. It has been identified that motorists do not conform to the traffic pattern indicated, but treat the intersection as a standard intersection by driving over the circle in a straight line instead of around the circumference. There are several potential options for Council to consider that would correct this situation. Option 1 - Reduce the diameter of the circle to accommodate the oversized vehicle, install 4 inch high roll-top style curbs to alert motorists of the circumference and reinstall pavers in the circle center at the new roll-top curb height. Install 4 inch high roll-top style curbs at the traffic delineation islands on the north, south, and east approaches to the traffic circle. Reinstall pavers within the islands to the new roll-top curb height. The paver elevation on the islands will be warped to a flush elevation at each cross -walk. The Contractor's quote (Attachment 1) for option 1 is $74,025.00 and includes a request for 41 additional working days to be added to the contract. Option 2 - Reduce the diameter in the same manner as option 1, install the roll-top curb also in the same manner, but in the center circle place colored concrete instead of pavers. Install 4 inch roll-top style curbs at the traffic delineation islands on the north, south, and east approach to the traffic circle. Place colored concrete within the islands to the elevations as indicated by the curb. Form the concrete to a flush elevation at the cross -walks. The Contractor's quote for option 2 is $42,252.00 and includes a request for 16 working days to be added to the contract. 274 009: T AMDEMCOUNCII\2001 \010]03g.wPd Option 3 - Leave the existing configuration in place and redefine and delineate a reduced diameter circle using type A traffic channelizing raised pavement marker dots such as the type used to direct left turning movements through large intersections. This would provide a physical and audible rumble when a motorist encroached on the traffic circle while allowing the motorist to adjust to the proper radius without damage to the vehicle or the new street improvements. The Contractor has not provided a quote on this option. Staff is proposing to complete this work with either in-house personnel or include the work in the final striping portion of the contract. The cost to implement this option is considerably less than either option 1 or 2 and could be done without extending the contract time. Option 3 will be implemented as an interim basis. At the completion of the Phase VI improvements, a new design for the traffic circle will be bid under separate contract. More competitive bids for this work may then be realized as part of the competitive bidding process. The construction manager, Berg and Associates, has recommended that if this work were to be completed as part of a change order to the existing contract, that a force account system be implemented (time and materials). Mr. Berg stated that he believes a cost savings would be realized by utilizing force account. The change order amounts under Option 1 and Option 2 are "not to exceed" amounts. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Implement Option 1 by approving a contract change order in an amount not -to - exceed $74,025.00 and granting the Contractor 41 additional working days to the contract; or 2. Implement Option 2 by approving a contract change order in an amount not- to - exceed $42,252.00 and granting the Contractor an additional 16 working days to the contract; or 3. Direct staff to implement Option 3, not -to -exceed $1,000; or 4. Provide staff with alternative direction. 27 min 3 T:\PWDEP COUNCIU2001\010703g.wpd Respectfully submitted, r C ris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Granite Quote dated June 19, 2001 (2 pages) 276 004 T:\PW DEPT\COUNCIL\2001 W10703g..pd Jun 26 01 03:36p Tom Berg 1-760-777-6791 ATTACHMENT 1 aRRnn-E - June 19, 2001 i y SINCE 1922 Berg & Associates Public Works Construction Management 78-109 Avenue 52 j) La Quetta, California 92253 JU N 1 P 2001 J Attn: Tom Berg, P.E. * Mi BY: Senior Construction Manager Re: City of La Quinta Assessment District 200o-1 FaYn Phase Vl Area "A&B" Improvements Project No. 98-19 GCC 225518.210 To 0. FRr t t>,1J !D Subject: Revised Traffic Circle at Montezuma and Navarro ( Q Na. 25) C -1f C�CnT CP#210 Frm : sahtece Gentlemen: EX?RWORK In response to the subject request, the following two quotes are forwarded for your consideration. Quote 1— remove and replace with pavers: 1 Granite Construction Compatry will phase the re -design of the Montezuma Circle in five ditcrent stages: removals and saw -cut, install roll-top curb, install pavers, landscape, and patch paving. • Removals and saw -cut- $5,759.17 • Install roll-top curb- $21,659.65 • Install pavers- $40,114.72 • Landscape- $1,177.46 • Patch Paving- $5.305 $74,025.00 Granite will order material the day that this price is authorized which, according to the Ciry's representative will take two weeks. There will be a lead-time of approximately four weeks for the paver materials; therefore, a time extension of 41 working days will be necessary to perform this additional work. Quote 2 — remove and replace with colored concrete Granite Construction Company will phase the redesign of the Montezuma Circle in five different stages: removals and saw -cut, install roll-top curb, place colored concrete, landscape, and patch paving. • Removals and saw -cut- $4,691.14 • Install roll-top curb. $17,613.77 • Place colored concrete- $14.678.70 • Landscape- $958.32 V • Patch Paving- $4,310.07 $42,252.00 $Wtham California Branch Indio. CA 92203 t 277 Phnnn 7Anm nn 0r 06 Jun 28 01 03:36p Tom Berg 1-760-777-8791 p.3 Berg & Associates Public Works Construction Management GCC 225518.210 June 19, 2001 Page 2 of 2 Granite will begin this remove and replacement with colored concrete work as soon as authorized. Authorization will take approximately two weeks according to the City's representative. The ready -mist concrete does not require a lead time; therefore, a time extension of only 16 working days will be necessary to perform this additional work. Please provide a Contract Change Order in the amount of Quote 1, or Quote 2 (per decision of the City of La Quinta) and extend the current completion date by the corresponding working days to facilitate this work. Granite Construction Company would like to order the material/color for this work as soon as authorized. Please discuss the above proposal at your earliest convenience. Sincerely, GRANITE CONSTRUCTION COMPANY Jenni Westphal Project Engineer cc: John Douglas cc: Mike Wills 278 rt07 T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: f- COUNCIL/RDA MEETING DATE: July 3, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Consideration of Facility Use Policies RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. Should the City Council adopt Facility Use Policies in which administrative fees are charged, when those funds are collected, they will be applied to the appropriate accounts. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the June 5, 2001 City Council meeting, the City Council considered the Facility Use Policies in regards to the City's parks, as provided in Attachment 1. The issue regarding the use of personal barbeques and inflatable amenities in City parks was discussed and staff was directed to bring this item back for further consideration. Also for consideration are the additional classifications for City facilities to be included in the General Plan Parks and Recreation Element. Personal Barbeques: The City's Municipal Code section 11 .44.060 (h) addresses the issues of barbeques by stating that it is prohibited to "make or kindle a fire except in a picnic stove, brazier, fire pit or other appropriate device provided or approved for that purpose by the public authorities" and paragraph (j) states "cook, prepare, serve or eat any meal, barbeque or picnic except at the places provided therefor" , as provided in Attachment 2. Currently, Fritz Burns Park is the only City park that provides barbeques. The Community Park will also provide barbeques in the future. The City Attorney has confirmed that the interpretation of sections 11 .44.060 (h) and (j) mean that the use of personal barbeques in City parks is prohibited. 279 The issue of City sponsored events hosting a barbeque was discussed by the Council at the June 5 meeting. City sponsored barbeques can be included in the Facility Use Policies under section K (provided in Attachment 1) as approved by public authorities. This is allowed under section 11.44.060 (h). Copies of the Municipal Code have been posted at each of the facilities on bulletin boards. Sections of the Municipal Code which address the issues of trash, barbeques and curfew have also been posted in Spanish. Facility Use Policies: A major change proposed in the Facility Use Policies is limiting the use of inflatable amenities to Fritz Burns Park and the Community Park due to the availability of parking lots and restrooms at these two park facilities. Inflatable amenities or "bounce houses" for private parties in the park are rented by the individual hosting the party and are set up in the park for use at that party. According to the Municipal Code, Chapter 11.44. 060 (S), it is prohibited to "sell, or offer for sale any merchandise, article, or thing whatsoever, or practice, carry on, conduct, or solicit for, any trade, occupation, business or profession, unless the activity has been expressly allowed pursuant to specific provision to such effect contained in either: a permit issued pursuant to Section 11.44.040; ...or the like duly entered into or granted by the City Council." Currently, a permit from the City is not required for inflatable amenities to be brought into a City park. Staff is recommending that a section of the Facility Use Policies would require private parties planning to use inflatable amenities to apply for a permit through the Community Services Department. A permit fee would be established to offset the cost of staff time to issue the permit. By issuing a permit, section 11.44.040 is being followed. The permit process will also provide a method in which the City can require the company supplying the apparatus to provide a certificate of insurance naming the City as additionally insured. The individual reserving the park site will also be required to sign a Hold Harmless clause. This condition will be provided in Section H of the Facility Use Policies. As a part of the Facility Use Permit, a refundable $50.00 Security/Clean Up Deposit is required for use of the facilities as identified in the current Parks and Recreation Rules and Regulations. Staff is recommending that a refundable Security/Cleanup Deposit be charged for private parties using inflatable amenities as part of the Facility Use Policies. The deposit will ensure the facility is left in a clean and acceptable manner after the party. The facility will be inspected for cleanliness in order to receive the refundable cleaning deposit. This task can be completed by the public works staff on duty during the weekend. Should the facility be left in a clean and acceptable manner, the security deposit will be returned. If there is damage to the facility, or City staff time is required to clean after the party use, the cost of staff time will be deducted from the deposit. The staff 28802 S:\Community Services\CCReports\CC.127.Facility Use Policies.wpd time involved in checking the facility for cleanliness can be included in the permit fee. The anticipated cost of staff time involved with the permit process, which includes issuing the permit, reserving the location and checking the location after the event for cleanliness is $50. Also contained in the Facility Use Policies are fee changes for facilities as well as classification changes for various organizations in relationship to the use of the City's facilities. The four classifications of fee charges include: Class I: La Quinta Youth Sports Organizations; Class II: La Quinta residents, La Quinta non profit and community based organizations as well as Desert Sands Unified School District; Class III: La Quinta businesses and profit organizations, Class IV: Non La Quinta residents, organizations and businesses. Class II category facility use fees are based upon the nexus that La Quinta residents pay property taxes that are used to maintain the facilities. Class III users would be La Quinta businesses using the facility for a purpose that may enhance or promote their business. Class IV users do not contribute to the general fund, which is used to fund maintenance of the facilities. Included in section A of the Facility Use Policies is a reference to the City's requirement for a Temporary Use Permit for events of fifty (50) people or more as specified in section 11.44.040 (a), provided in Attachment 3. This permit is issued through the Community Development Department. A Temporary Use Permit may also be obtained by individuals wishing to use a City facility that is not addressed in the Facility Use Policies. Park Classifications: There are three classifications in the City of La Quinta's General Plan Parks and Recreation Element. These are Neighborhood Parks, Community Parks and Regional Parks. A neighborhood park is defined in the City's General Plan as a park site between .3 and 10 acres and serves an area between 1 to 2 miles, or a population of 5,000. The service area is based upon the National Recreation and Parks Society standards and is a basic definition of a park site based upon a determined size and amenities. It is not intended to exclude people that live outside the service radius from being able to use the parks. The City's neighborhood parks include: Adams Park, Desert Pride. Park, Eisenhower Park, Fritz Burns Park, and Seasons Park. Additionally there are three other neighborhood parks either proposed or being developed. These include a 5 acre park site being developed in the near future, which is located in the Monticello development on the southwest corner of Fred Waring and Jefferson Street. Also being developed 281003 S:\Community Services\CCReports\CC.127.Facility Use Pclicies.wpd is a park at the corner of Temecula and Velasco, as well as in the Bottlebrush, Sagebrush, Saguaro area. A Community Park is defined in the General Plan as being 10-30 acres which includes play fields, court facilities, on -site parking, passive areas, as well as historical and cultural areas. The definition of a Regional Park includes a site between 31 and 100 acres with multiple sports fields, court games, picnic areas, hiking/equestrian areas and unique historical or cultural areas. At the May 1, 2001 Study Session, the City Council requested that two new park designations be included in the General Plan. These include the classifications of mini parks and the Civic Center Campus. At the June 5 City Council meeting, the recommendation to list the Cove Oasis Trailhead as a facility category was discussed. The proposed definition for a mini park is as follows: a site between .3 and one acre and includes, but not limited to, passive open areas, benches, walkways, trees, landscaping and a tot lot play area. The Civic Center Campus designation may be defined as a site 5 acres or more with the following passive amenities: a large water feature such as a lake, historical interpretation areas, public art pieces, benches, shade structures, and walking paths connecting various City buildings. The Trailhead designation may be defined as a location in which established trails begin and may include a parking lot, drinking fountain, trail signage, benches, shade structure, emergency call box and a restroom. Staff is seeking City Council direction regarding the following issues: Facility Use Policies: Adoption of the Facility Use Policies with the recommended changes; Park Classifications: Adding three new park classifications to the General Plan, Parks and Recreation element to include mini parks, Civic Center Campus and Trailhead designations. Should the City Council adopt the Facility Use Policies, the necessary changes to the Municipal Code regarding permits and fees will be provided for City Council adoption at a future City Council meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the changes to the Facility Use Policies and include the classification of mini park, Civic Center Campus and Trailhead designation in the City's 282 004 S:\Community Services\CCReports\CC. 127. Facility Use Policies.wpd .,r General Plan, Parks and Recreation element; or 2. Do not authorize changes to the Facility Use Policies and/or include the classification of mini park, Civic Center Campus and Trailhead designation in the City's General Plan, Parks and Recreation element; or 3. Provide staff with alternative direction. I homas V. Genovese, City manager Attachments: 1. Proposed Facility Use Policies 2. Municipal Code Section 11.44.060 3. Municipal Code Section 11.44.040 283 005 S:\Community Services\CCReports\CC.127.Facility Use Policies.wpd CITY OF LA QUINTA ATTACHMENT 1 (Proposed) Facility Use Policies The Facility Use Policies have been developed to assure that Parks and Recreation facilities are used in a responsible manner and that the public's investment in these facilities is adequately safeguarded. All use and conduct shall be in accordance with Chapters 11.08 and 11.44 of the La Quinta Municipal Code. A. APPLICATION FOR FACILITY USE The Facility Use Application shall be made in writing on the form provided by the City of La Quinta, at least five (5) working days prior to use. 2. Events in which fifty (50) people or more will be in attendance must also apply for a Temporary Use permit through the Community Development Department. 3. Applications will not be accepted more than six (6) months in advance of use, except for contiguous multi -day rentals. 4. All Facility Use Applications are subject to approval by the Community Services Director. B. PRIVATE PARTIES The following will apply to use of City facilities for private parties with inflatable amenities: 1. Private parties are limited to a maximum of four hours in duration. 2. Facilities available for private parties with inflatable amenities are limited to Fritz Burns Park and the Community Park. C. PRIORITY OF USE 1. The City of La Quinta has first priority for all uses. La Quinta residents have second priority. All others are to follow in the priority of use. 2. City of La Quinta residents shall have priority of use in the event two applications are submitted on the same day. D. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: 1. Applicant's violation of the conditions of Facility Use permit (current or prior permit). 284 0O"r 2. Applicant's violation of the City's rules and regulations relating to the use of facilities. 3. Failure to cooperate with City staff. 4. Previous incidents where Facility Use resulted in damage to City property. 5. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. E. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. F. SECURITY/CLEAN-UP DEPOSIT The Security/Cleaning Deposit is due with the Facility Use Application. The deposit will be refunded within five (5) working days after the event, except under the following conditions: Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 2. If the facility is not left in a clean and orderly manner, the cost to clean the facility appropriately will be deducted from the Deposit. H. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities involving an inflatable amenity must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. 28 008 PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is submitted. J. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean- up upon completion of rental use: 1. Deposit all bottles, cans, cups, cigarettes and paper in proper receptacles. 2. Mop up any liquid spilled on floor. 3. Leave kitchen or concession stand and all equipment in clean, sanitary condition. 4. Remove any decorations (deposit in proper trash receptacle or remove from premises). 5. All groups are responsible for setting -up and taking -down chairs and tables, and for clean-up of facility and the immediate area. K. FOOD OR BEVERAGE No food or beverage may be sold or served at any event unless specified on the Facility Use permit. Barbequing is allowed in City provided barbeques only, except in the case of a City sponsored event and approved by the City Council. L. ENDING TIME OF ALL EVENTS All events held in Parks and Recreation facilities must be completed by 10:00 p.m. Ballfield lights are not available after 10:00 p.m. M. CLEARANCES LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. 1. Dance permit or business license (granted by the City of La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's Department). 3. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California). 286 4. Certificate or proof of insurance naming the City of La Quinta as 009 additionally insured. 0 The following requirements shall be met: 1, Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. 2. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. 3. No open flame, barbeques or other cooking devices will be permitted in the facilities unless otherwise provided by the City. 0. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. P. SMOKING Smoking is not permitted in any City building. 287 G10 CITY OF LA QUINTA PARKS AND FACILITIES USE FEE SCHEDULE The following fees and charges are assessed for reservation/use by groups or individuals for the City's parks and facilities: ITEM CLASS I CLASS II CLASS III CLASS IV Tennis Court N/C $ 5.00 hr $ 5.00 hr $ 10.00 hr Fritz Burns Park for $50.00 per 4 $50.00 per 4 $50.00 per 4 $50.00 per 4 Inflatable Amenities hours hours hours hours Community Park for $50.00 per 4 $50.00 per 4 $50.00 per 4 $50.00 per 4 Inflatable Amenities hours hours hours hours Inflatable Amenity $50.00 $50.00 $50.00 $50.00 Park Cleaning Deposit Baseball Diamond N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Soccer Field N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Snack Bar N/C $ 10.00 hr $ 15.00 hr $ 20.00 hr Snack Bar Deposit $350.00 $350.00 $350.00 $350.00 Field Lights N/C $ 15.00 hr $ 15.00 hr $ 15.00 hr Announcing system $ 5.00 flat $ 10.00 flat $ 15.00 flat $ 20.00 flat Diamond Preparation $ 24.00 hr $ 24.00 hr $ 24.00 hr $ 24.00 hr (1/2 hour minimum) Bases $10.00 per day $10.00 per day $20.00 per day $40.00 per day Base Deposit $150.00 $150.00 $150.00 $150.00 Restrooms (Key $100.00 per $100.00 per use $100.00 per $100.00 per Deposit) use use use Security/Clean-Up $ 50.00 $ 50.00 $ 50.00 $ 50.00 Deposit Charges NOT applicable to City sponsored events CLASSIFICATION OF GROUPS Class I: 1. La Quinta youth (18 and under), 501(c)3 recreation organizations Class II: 1. La Quinta residents 2. La Quinta non-profit organizations and community -based organizations 3. Desert Sands Unified School District Class III: 1. La Quinta business and profit organizations. Class IV: 1. Non city residents, organizations, businesses. 283 G11 ATTACHMENT 2 11.44.050 the use and enjoyment by the public and by individual members of the public, of any park, recreation area, recreation or community center, or any portion thereof, or governing the use and enjoyment of an building, structure, equipment, apparatus or appliances thereon, or governing any portions of the foregoing. A copy of the rules and regulations, or a synopsis thereof shall be posted in some conspicuous place at or near the premises where the rules and regulations are to be effective, or in lieu thereof, signs or notices maybe posted at or near the premises in order to give public notice of the rules and regulations. B. No person having knowledge of or having been advised of any rule or regulation promulgated pursuant to subsection A of this section, shall disobey, violate, or fail to comply with, any such rule or regulation. C. No person shall disobey, violate, or fail to comply with, any instruction, sign or notice posted in any park, recreation area, or community or recreation center, or in any building or structure thereon, for the control, management, or direction of the premises, when the instruction, sign or notice has been posted in implementation of any rule or regulation promulgated pursuant to subsection A of this section. (Ord. 10 § 1 (part),1982) 11.44.060 Prohibited conduct generally. Within the limits of any public park or recreation area of the city, no person shall: A. Hitch, fasten, lead, drive or let loose any animal or fowl of any kind; provided that this shall not apply to a dog when led by a cord or chain, not more than six feet long, B. Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile, except at a place especially designated and provided for such purpose; C. Carry or discharge any firearm, airgun, slingshot or other device designed or intended to discharge, or capable of discharging any dangerous missile; provided, that this subsection shall not apply to any peace officer or other person lawfully licensed to carry a concealed weapon or who regularly carries a weapon in connection with private employment protecting property or persons (e.g., private patrol services and bodyguards); D. Carry or discharge any firecracker, rocket, torpedo or any other fireworks; provided, that this subsection shall not be deemed to prohibit the possession or use of safe and sane fireworks not otherwise prohibited by law, at places designated or provided for such purpose; E. Cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property, or pluck, pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; F. Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer, G. Swim, bathe, wade in, or pollute the water of any fountain, pond, lake or stream, except at a place especially designated and provided for such purpose; H. Make or kindle afire except in a picnic stove, brazier, fire pit, or other appropriate device provided or approved for that purpose by the public authorities; I. Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose; —�►J. Cook, prepare, serve or eat any meal, barbecue or picnic except at the places provided therefor; K Wash dishes or empty salt water or other waste t quids elsewhere than in facilities provided for such purposes; L Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor; M. Play or engage in model airplane flying, driving of golf balls, archery, baseball, softball, football, soccer, volleyball or any similar games of a hazardous nature except at such places as are especially set apart for such purposes; N. Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming; O. Indulge in riotous, offensive, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language; 28�9 412 co 12 ATTACHMENT 3 11.44.030 subsection A of this section shall refuse or fail immediately to remove himself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him to be so closed, until the area or place has been reopened to the public by order of proper authority. (Ord. 10 § 1 (part), 1982) 11.44.040 Permits for gatherings and meetings. —.jpA. No person shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise, of fifty or more persons, in any park or recreation area without a written permit granted by the city manager as provided in this section. B. The city manager (acting personally or by his delegated designee) is empowered to grant permits authorizing any person, society, association or organization to hold or conduct a meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise for the observance of or commemoration of any public celebration, event, or demonstration of a patriotic, municipal or memorial character, or for social, educational, training, entertainment or recreational purposes. C. An application for a permit shall be granted if the issuing authority determines: 1. That the requested activity is consistent and compatible with proper and appropriate park and recreation area uses at the location applied for; 2. That the requested activity is reasonable and will not interfere with general use of the park or recreation area by other individual or group members of the public, 3. That the requested activity will in all respects comply with the provisions of this code and of any other ordinance, law, rule or regulation in effect at the time and place the activity is to be conducted; 4. That the requested activity is not reasonably anticipated to incite violence, crime or disorderly conduct; 5. That the requested activity will not entail unusual, extraordinary or burdensome expense or police operation by the city; and 6. That no other reason exists why the granting of the permit would be detrimental to the public interest D. Except in cases where a fee is paid adequate in amount to fully reimburse the public accounts for all involved costs and permits shall not be granted for the purpose of conducting services of any religious denomination or sect, or for the purpose of discussing, expounding, advocating or opposing the principles or creed of any religious denomination or sect In all other respects, however, applications for such permits shall be considered and processed on an equal basis, subject to the same advantages, qualifications and limitations as other applications by or for another nonreligious organizations, groups or gatherings. E. In the event it is proposed that an admission fee be charged for attendance at the requested activity, or that contributions will be solicited or a collection taken up at the requested activity, the application for a permit shall expressly state such proposal. No person shall charge any such admission fee or solicit contributions or take up any collection at or for any such activity unless a provision allowing it to be done is included in a permit issued under this section. F. The issuing authority may attach conditions to any such permit which are deemed necessary or appropriate to assure that the activity will be carried on in conformance with applicable laws, rules and regulations, in a manner .onsistent with proper park and recreation area uses, and in a manner not detrimental to the public _merest. Where deemed appropriate, the issuing authority may require suitable insurance, indemnity bond or other guarantee to protect city property from damage, to protect the public from unusual and undue expense, or to protect the city from liability of any kind or character. In this connection there may further be required a money deposit or payment to defray unusual expenses to be incurred by the city, such as costs of additional police services, fire protection services, cleanup services, or other municipal services of whatever nature. G. Any permit granted pursuant to the provisions of this section shall specify the time when and the place where the activity shall be held or conducted, and shall designate the name of the person, society, association or organization to whom the permit is issued. (Ord.10 § 1 (part),1982) 11.44.050 Rules and regulations —Promulgation by city manager. A. The city manager shall have power and authority to promulgate rules and regulations governing 290 411 6 1 J COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Consideration of Contract Services Agreement with the La Quinta Arts Foundation for Fiscal Year 2001-2002 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 17 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The 2001-2002 Fiscal Year Preliminary Budget includes $90,000 in the Community Services Department Contract Services Budget Account #101-261-663-538 for the Contract Services Agreement with the La Quinta Arts Foundation (LQAF). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Arts Foundation has requested that the City fund certain services via a contract agreement for Fiscal Year 2001-02 (Attachment 1). The LQAF was funded as a contract program in Fiscal Years 1997-98, 1998-99, 1999-00 and 2000-01. An amount of $90,000 was included in the City's 2001-02 preliminary budget for this organization which represents a $15,000 increase in the amount that was funded in FY 2000-01. LQAF had requested an additional $25,000 be funded this year by the City, to include an additional event, "La Quinta Celebrates the Arts" in November 2001. At the June 26, 2001 City Council meeting, the City Council approved $75,000 to be applied toward the La Quinta Arts Festival and the Desert Plain Air event. An additional $15,000 is to be used toward the "La Quinta Celebrates the Arts" event. However, this amount will be withheld until it is certain that the event will take place in November. The LQAF proposes to acknowledge the City of La Quinta as a "Premier Sponsor" during its marketing efforts for these events. 291 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve funding for the La Quinta Arts Foundation in the amount of $90,000 for Fiscal Year 2001-02 and authorize the Mayor to execute the Contract Services Agreement; or 2. Approve funding for the La Quinta Arts Foundation in a different amount for Fiscal Year 2001-02 and authorize the Mayor to execute the Contract Services Agreement; or 3. Do not approve funding for the La Quinta Arts Foundation for Fiscal Year 2001- 02; or 4. Provide staff with alternative direction. iti, JCorh, munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Contract Services Application for the La Quinta Arts Foundation 2. Professional Services Agreement with the La Quinta Arts Foundation 292 602 ATTACHMENT 1 • June 1, 2001 Mr. Tom Genovese City Manager City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Dear Tom: A& ARTSALA FOUNDATION As you know 2002 is the 20'h Anniversary of both the City of La Quinta and La Quinta Arts Foundation. We hope the City Fathers are as excited about this major benchmark in both our histories, as we are. Planning and budgeting by both the City and LOAF are underway now and we have scheduled many activities to commemorate our past achievements and inaugurate our wonderful new facility which will allow us the flexibility to accommodate even more activities. We will be finalizing our plans over the summer and hope you will consider a partnership for our joint birthday celebrations and collaborate with us in the season's activities. In that spirit, we propose the 2001 / 2002 marketing contract of $90,000 to promote the City of La Quinta as our Premier Sponsor in the following events: A. $15,000 — LA QUINTA CELEBRATES THE ARTS! November 2001. Three-day inaugural event celebrating the unveiling of the new site featuring jazz music, juried art, large educational component. The season's opening event and the first celebration on the new Arts Foundation site. B. $20,000 — DESERT PLEIN AIR. January 2002. During the week long event several small associated events take place on the new site culminating with the grand unveiling of the art work painted during the week followed by a two day public event also on the new site. This year we envision adding the element of classical music consisting of performers and ancillary activities like art and music workshops. C. $55,000 — 20th ANNUAL LA QUINTA ARTS FESTIVAL! March 2002. This will be a stellar year for the internationally known festival. First year on the new site which has already generated much interest from the valley community and beyond. Over 1,000 artists apply to our show. We are gearing up for 50,000 people to attend over the four days. This will be the Arts Foundation's big celebration of the 20th birthday and an opportunity to celebrate of the joint birthdays of the City and the Foundation. The promotion and publicity value for your investment is easily returned to the City ten -fold. Attached you will find the supporting documentation for last year's contract as required. On behalf of La Quinta Arts Foundation, I thank the City of La Quinta for their ongoing support, which has played an integral part in the success of our events. The proceeds of these events help fund our education and scholarship programs, enabling fulfillment of our goals to provide cultural and learning opportunities to all Coachella Valley. Sincerely, Susan Francis Executive Director Cc: Tom Genevese, City Manager 293 004 POST OFFICE BOX 777 A LA QUINTA, CA 92253 A 760 564 1244 A FAX 760 564 6884 1. APPLICATION What is the overall purpose or goal of your organization? La Quinta Arts Foundation is a charitable non-profit whose mission is to cultivate and promote the arts through education. This is accomplished by developing innovative arts education programs, producing large scale events and forming meaningful partnerships and exchanges with other organizations. 2. How long has your organization been in existence: 20 Years Months 3. Describe in general the activities or services of your organization: Produce a week long Plain Air art show in January, a one day Home Tour during the season, four -day fine Arts Festival in March and a newly designed three-day celebration of many art forms in November. These enable us to administer eight educational outreach programs: Scholarship, Young at Art, Art Beat, Making Friends with Great Works of Art Docent Outreach Program, Youth Art Works, Adult Enrichment, Children's Hands -On Art Center at Festival and Children's Guided Tours at Festival. Create volunteer opportunities through the Volunteer Services Department. 4. How many people does your organization currently serve: 37,400 (estimate) Festival=30,000 Home Tour-1,000 Schools=5,000 Membership =1,000 Volunteers = 400 No. Of Youth 6,000 / yr No. of Adults 13,000+ No. of Seniors 18,400 5. How many people do you intend to serve during this Fiscal Year? 39,400+ No. Of Youth 6,000 / yr No. of Adults 15,000+ No. of Seniors 18,400 + 6. 7 f1 How many people served this Fiscal Year will be La Quinta residents: 22,000 (estimates) No. Of Youth 3,000 / yr No. of Adults 6,000+ No. of Seniors 12,000 + (Figures based on 2001 Festival Marketing Survey which revealed 31 % of attendees were full or part time La Quinta Residents.) How many paid employees/volunteers does your organization employ? No. Of full time employees 12 No. Of part time employees 2 Describe how your organization is managed and governed. Board of Directors and Executive Director 294 005 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Richard DeSantis President 73647 Sun Lane 773-3642 Palm Desert, CA 92260 Bob Wright Vice President 53795 Eisenhower Dr. 564-0393 La Quinta, CA 92253 Jim Parrish Treasurer 45605 Cielito Dr. 341-7800 Indian Wells, CA 92210 Judie Cothrun Secretary 79165 Big Horn 564-2624 La Quinta, CA 92253 Kay Wolff Past President P.O. Box 1016 564-4070 La Quinta, CA 92253 10. What is your annual schedule of events, and during what months does your organization operate? LQAF operates 12 months. Our current schedule of events/programs is as follows: Desert Plein Air art show / January; Benefits of Membership Events / January, February & March; La Quinta Arts Festival / March; Home Tour / mid -season; Adult Education Field Trips (3/year); Adult Enrichment Art Classes/Workshops (3/yr); Docent Training Sessions / Fall & Spring; Docent Program in Schools / 9 weeks each Fall & Spring; Scholarship Application Process & Awards Reception / February — June. 11. Do you charge admission, membership fee, dues, etc.? X Yes _ No If yes, please describe: LQAF Membership levels range from $50 to $10,000. An admission fee charged to attend: $10 adults; $2 children; under 7 years free 12. What are your other sources of revenue for this funding year? Source Amount SEE ATTACHED DRAFT OF STATEMENT OF REVENUES & EXPENSES 2001/2002 295 006 13. 14. Amount of money requested from the City of La Quinta? 100,000 Has your organization been funded by the City of La Quinta previously? Yes X If yes, when 1996 97 Amount received: $75,000 (contract) - Marketing two large scale events 1997 98 $45,000 (,grant) - Marketing one large scale event 1998 99 $65,000 (contract) - Marketing one large scale event & one medium event 1999 2000 $75,000 (contract) - Marketing two large scale events 2000 2001 $75,000 (contract) - Marketing two large scale events 15. Need Statement. Clearly identify the program(s) for which funding is requested and plainly state the reason(s) or need for the requested funds and how these funds will be used, if awarded. (Please attach additional sheets as necessary.) All funding will be allocated for media buying expenses which include purchasing ads in newspapers, billboards, radio & television stations and outside event programs including national publications. All are designed to bring people to La Quinta and all of which will PROMINENTLY acknowledge the City of La Quinta as a Premier Sponsor: A. $20,000 will be used for marketing the La Quinta Celebrates the Arts! in November 2001. B. $25,000 will be used to market Desert Plein Air week-long painting event in January 2002. C. $55,000 will be used for marketing the 20th annual La Quinta Arts Festival in March 2002. 16. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. (Please attach additional sheets as necessary.) All net proceeds from LQAF events are used to fund our eight educational outreach programs (listed in #3), which benefit 4th and 5th grade students, provide scholarship funding for local college -bound art students and adults who participate in enrichment programs. 17. Attach a copy of your Program Operating Budget, and a separate detailed, concise list of intended City funded expenditures. (see attached) 18. Non-profit organizations must attach a copy of the organization's current IRS Form 990. (see attached) 296 00� City of La Quinta Request for Services Contract Contents of Packet 1. Application for Contract Services Agreement Fiscal Year 2001 / 2002 2. 2001 12002 Contract Services Agreement 3. IRS Form 990 for period ending June 30, 2000 4. Statement of Revenues & Expenses 2001 / 2002 Proposed Operating Budget 5. LQAF Event Summaries 6. 2001 Art Festival Marketing report for La Quinta Arts Festival (verifying total actual / value expenditures of $142,531 7. 2002 Art Festival Marketing report showing proposed costs of $153,933 8. 2001 Art Festival Local Economy Fact Sheet showing how Festival impacts the local economy 9. La Quinta Arts Festival 2001 Demographics report 10. Festival Art Sales 1983 — 2001 graph 11. 2001 Desert Plein Air Marketing report (verifying total actual / value expenditures of $48,339 12. 2002 Desert Plein Air Marketing showing proposed costs of 5$ 2,206 13. Desert Plain Air 2001 Demographics report 14. La Quinta Celebrates the Arts marketing report showing proposed costs of 58 300 15. Current LQAF Membership Brochure 297 608 4. LA QUINTA ARTS FOUNDATION STATEMENT OF REVENUES & EXPENSES 2001-2002 PROPOSED OPERATING BUDGET 2001-2002 2000-2001 2000.2001 Proposed Budget Year to Date Approved Budget REVENUES ARTS FESTIVAL $ 892,800 763,404 824,300 DEVELOPMENT $ 380,500 203,706 272,250 EDUCATION $ 39,050 41,273 40,955 VOLUNTEER SERVICES $ 117,050 32,443 61,300 OPERATING $ 439,844 137,421 160,979 UMBRELLA SHOW $ 0 2,716 20,000 NOVEMBER EVENT $ 435,500 0 0 PLEIN AIR $ 331,200 215,601 265,175 TOTAL REVENUES $ 2,635,944 1,396,564 1,644,959 2001-2002 2000-2001 2000-2001 Proposed Budget Year to Date Approved Budget EXPENSES ARTS FESTIVAL $ 297,375 275,392 267,246 DEVELOPMENT $ 60,240 38,068 58,351 EDUCATION $ 164,750 121,563 146,815 ARTS LEAGUE $ 63,050 28,301 30,250 OPERATING $ 904,440 525,785 647,735 UMBRELLA $ 0 694 1,600 NOVEMBER EVENT $ 176,725 0 0 PLEIN AIR $ 245,900 177,262 205,850 TOTAL EXPENSES $ 1912 480 1,167,065 1,357,847 TOTAL NET RESERVE $ 723,464 229,499 287,112 SIJW, 'CT TO AWARD APPROVAL 2001-2002 PrOP009d BU690t SWO01 1:88 PM 009 S. LA QUINTA ARTS FOUNDATION EVENT SUMMARIES (A) LA QUINTA CELEBRATES THE ARTS! La Quinta Arts Foundation's opening event of the season and inaugural event on the new site is slated for November 10, 11, 12, 2001! This three-day outdoor event will provide a multitude of components demonstrating the broad range of programming offered by the Arts Foundation. Following the unveiling of the new site, 150 invited artists will have their work on exhibit, an entertainment package of top jazz and other music forms will be presented, workshops, plein air lecture, demonstrations and painting will provide the educational component; culinary arts will be well represented, the grand unveiling of the 2002 Plein Air Poster and the installation of our first public art piece honoring our 2001 / 2002 Honored Artist. All the many facets of La Quinta Arts Foundation will be on display. (B) DESERT PLEIN AIR PAINTING FESTIVAL Plein Air Painting is a form of art (French for open air), a term applied to the practice of painting out -doors so that nature is confronted directly with the intent to capture the moment, a feeling —the air. Most Plein Air painters complete their work on -site in one setting. Acrylics, oils and watercolors are the media most often used. LQAF's third annual plein air event was held January 21-28, 2001 and was very successful. The fourth annual Desert Plein Air event is scheduled January 2002 and will include the following activities: • A check -in reception for the invited artists (50); a special kick-off event will be associated with the reception. • During the next few days, each artist will paint works on various sites in the area. Artists will use access permits to be able to paint scenes viewed from within some of the gated communities. • During the same week some of the artists will be guest speakers or instructors at special educational programs hosted by the Arts Foundation for La Quinta area adults and students. • An evening exhibition celebrating the achievements of the artists during the previous week of painting will be held and an awards ceremony for the artists and our invited guests is planned. Guests will browse the exhibition and may make acquisitions of the artwork just completed. • Culminating the week, the art remaining unsold will be available for public viewing and sale in our Arts Under the Umbrellas format. 299 Gio (C) LA QUINTA ARTS FESTIVAL La Quinta Arts Foundation's premier event! This nationally acclaimed four -day outdoor fine arts show features the work over 250 juried artists set against the majestic mountains and poised as the gateway to Village La Quinta. La Quinta Arts Festival was named the third best fine arts festival in the nation by Sunshine Artists Magazine in 1998. La Quinta Arts Festival features top entertainment, many amenities and is ideal for viewing and enjoying the finest offerings of some of the world's preeminent artists. The 2002 La Quinta Arts Festival will celebrate its 20th anniversary in March and will include the following: • Artists exhibiting in painting, sculpture, ceramics, jewelry, photography and other design categories • Live entertainment will be provided all four days, highlighted by Mery Griffin, our Lifetime Honorary Festival Chairman, performing with special guest stars. • Children's Art Area will feature interactive art projects to be enjoyed by children and their parents • Wine & Beer Gardens • Food and beverage concession areas offering a wide variety of menu items 300 011 S. La Quinta Arts Festival I 2001 ART FESTIVAL MARKETING I MARCH 15 - 16. 17 - 18TH 2O01 KETING PAYROLL JNENBERG PROGRAM .............................................................. LL BOARDS SMALL B HOPE CLASSIC PROGRAM AD .......................................................................................................................................... TE FESTIVAL PROGRAM AD .......................................................................................................................................... RWAY BILLBOARD .......................................................................................................................................... QUINTA FESTIVAL POSTERS & T-Shirts ..................................................................................................................................I....... 3AZINE ADS [SOUTHWEST ART /DESERT STYLE/ DESERT KEY] Local Print Media .............................................................................................................. PALM SPRINGS film festival program .............................................................................................................. PALM SPRINGS LIFE POSTAGE & DIRECT MAILINGS .............................................................................................................. Local Media Ad Design & Printing .............................................................................................................. Pres Show Events (Poster Unveiling) .............................................................................................................. Local Broadcast Media ............................................................................................................. PHOTOGRAPHY PAGE Total Marketing $7,119 $.36,901 $4,000 $1 301 012 7. La Qu i nta Arts Festival 2002 ART FESTIVAL MARKETING MARCH 14 - 15 - 16 - 171 2002 PROPOSED BUDGET DESCRIPTION AMOUNT MARKETING PAYROLL $11,926 ANNENBERG PROGRAM $2,592 BILL BOARDS SMALL $486 BOB HOPE CLASSIC PROGRAM AD $1,377 DATE FESTIVAL PROGRAM AD $135 FAIRWAY BILLBOARD $486 LA QUINTA FESTIVAL POSTERS & T-Shirts $22,374 MAGAZINE ADS [SOUTHWEST ART /AMERICAN STYLE/ DESERT KEY $9,834 Local Print Media $32,800 PALM SPRINGS film festival program $1,026 PALM SPRINGS LIFE $3,420 POSTAGE & DIRECT MAILINGS $2,430 Local Media Ad Design & Printing $11,723 Pres Show Events (Poster Unveiling) $7,689 Local Broadcast Media $39,853 PHOTOGRAPHY $4,320 WEB PAGE $1,461 Total Marketing S153 933 302 013 I La Quinta Arts Festival I 2001 ART FESTIVAL LOCAL ECONOMY FACT SHEET I MARCH 15 - 16- 17 - 18TH 2O01 I Marketing .......................................................................................................... I Labor [inc. Security & Electricians] .......................................................................................................... )rmers Lodging [Local Hotels] Local Performers Local vendors Supplies [excluding Marketing] ........................................... . . Donations to Local 501 [c3] [i.e. Rotary, LOHS etc] Art Sales Revenue to LOAF [on -site festival Income ] & Fees paid to ttendance from All Areas of Festival $1,873,045 $627,81.3 jI 24,629 303 M La Quinta Arts Festival 2001 Attendance Residents vs. Visitors Primary or Secondary Residents? Repeat Visitors Ages Attending Reason for Attending Local Resident Breakdown Children's Art Center Visitors Student Tour Visitors Advertising & Editorial Publicity 24,629 visitors 58% Residents vs. 42% Out of Valley Visitors 71 % Primary vs. 29% Secondary Residence 64 % have attended more than once 27% Ages 65 and older 48 % Ages 46-64 21 % Ages 31-45 4 % Ages 30 and under 73% View the Artwork 58 % Purchase Art 36% Enjoy Live Entertainment 31% Social Outing 19% Family Outing 23% Enjoy Wine Tasting 14% Enjoy Beer Garden & Food 31% La Quinta 33% Palm Desert 15% Palm Springs 7% Rancho Mirage 7% Indian Wells 7% Other Desert Cities Saturday, March 17 400 Sunday, March 18 300 Friday, March 17 400 Southwest Arts Magazine Home & Garden Television Palm Springs Life Travel Scope, L.A. & San Diego The Desert Sun inpalmsprings.com Sunshine Artist Magazine KMIR—NBC Best Read Guide KESQ-ABC, FOX Local Arts Magazine A&E, Bravo, CNN, Food Network Alaska Airlines KJJZ/KPLM FM Key Magazine KPSI FM KWXYAM Desert Art Scene Native Peoples Magazine Travel Host Magazine Annenberg Theatre Program Desert Post Weekly American Style Artfaces.com Sausalitoartfest.com Bestreadguide.com KDES FM KPSI AM EZ103 KDHI, KQYN, KKJT Lapidary Journal art4net.com giving.uoregon.com artfulstyles.com la-Quinta.org Angeles Times ona Republic The San Bernardino Sun The Press Enterprise L.A. Daily News Bot Hope Chrysler Classic Program Palm Springs International Film Festival Program Riv rside County D to Festival Ne t Magazine 91 research.com 304 015 Artmarketing.com Desertfun.com Festivals.net Palm-desert.org Palmsprings.about.com Craftsreport.com Rvjournal.com Wallacegalleries.com Aaa.calif.com Desertgrafres.com Allaboutpalmsprings. com Palmsprings.about.com Tfaoi.com Lqchamber.org Zootsuitrevue.com Hgtv.com cvfamily.com desertcalendar.com desertsun.com theartcenter.com theartcenter.com performingartsmagazine.com palm-springs.com lagunacanyonartists.com desert-resorts.com califomiadates.org sunshineartist.com palmspringslife.com suitel0l.com theartsource.com desert-resorts.com desertportal.com i5ive.com theabcdirectory.com wwevents.com palmspringshotelres.com theaesthetic.com at-la.com art-for-the-world.com panmiami.com Westways Magazine Festivalnet.com fulltiming-america.com artsandcraftshows.com royalplazainn.com cadmanagementservices.com Carol Duvall Show StatueViva.com 305 016 10. W W W W W W W P P P P P P P P P P s N m Stu O G;+SB�yi.<Gp,'C:;'••10Li y�hihyiv�h.. F:L: ,'6, :��..Z•Q�6 �.yy.%•i;'..'"'i�fi`i;vei;>'.c'':°,'6,': 9.:�4:]'�:�9 ��6:. ------------ 9 9 ,O amo�r'l��%1: �ttttt�w• ♦tttttttt �414• O O O O O µ 8 $ 8 § 8 w 306 61t La Quinta Arts Foundation -777-7 2001 PLEIN AIR FESTIVAL MARKETING :IN AIR MARKETING PAYROLL $7,...........362 ............................................................................................................................................................................................................................................... LBOARD $450 ECT MAILING POSTAGE & PRINTING $305 AD DESIGN AND PRINTING INTERNET $7501 RETAIL ITEMS INCLUDING POSTERS AND NOTECARDS $7,500 1 ADS USOUTHWEST ART /AMERICAN STYLE/ DESERT KEY] NEWSPAPER & LOCAL PRINT MEDIA 1 1 $8,474 1 NG RAPHY $1,500 1 BROADCAST MEDIA EVENT (POSTER UNVEILING) $3,173 1 Total Marketing S48.339 I 307 018 12. La Quinta Arts Foundation 2002 DESERT PLEIN AIR MARKETING PROPOSED BUDGET DESCRIPTION PLEIN AIR MARKETING PAYROLL $7,951 BILL BOARD $486 DIRECT MAILING POSTAGE & PRINTING $329 LOCAL AD DESIGN AND PRINTING $3,568 INTERNET $810 RETAIL ITEMS INCLUDING POSTERS AND NOTECARDS $8,100 MAGAZINE ADS USOUTHWEST ART /DESERT STYLE/ DESERT KEY] $7 205 NEWSPAPER & LOCAL PRINT MEDIA $9,152 PRINTING $5,400 PHOTOGRAPHY $1,620 LOCAL BROADCAST MEDIA $4,158 PRE -SHOW EVENT (POSTER UNVEILING) $3,427 Total Mark in 2 2 308 019 13. DesertI i 11 �'"x r. Following are the results based upon sales receipts. Where do you reside? 59% of purchasers reside in the desert. 46% of purchasers reside in Southern California. 12% of purchasers reside outside of California. Breakdown of Local Residents La Quinta 32% Palm Desert 29% Indian Wells 12% Rancho Mirage 7% Within the Coachella Valley 20% Price Points 4% purchased artwork $2,001 to $6000. 6% purchased artwork $1,501 to $2,000. 13% purchased artwork $1001 to $1,500. 40% purchased artwork $501 to $1,000. 37% purchased artwork $500 or less. Advertising, Editorial and Web Links American Style Magazine art4net Artfaces.com Artfulstyles.com at-la.com Best Read Guide Bestreadguide.com Coast Magazine Desertcalendar.com Engelen.com Fallbrook.org Favoritenet.com Festivals.net Floridatimesunion.com KMIR Magellan-pr.com Palm Springs Life Palm-desert.org Press Enterprise giving.uoregon.com sausalitoartfest.com KPLM 911research.com collectorsguide.com desertcitiestouristinformation.com nctimes.com la-Quinta.org Los Angeles Times KNWZ webgalleries.com artmarketing.com Arizona Republic artscenecal.com livingdesert.org palmspringsmarket.com desertfun.com theartcenter.net KESQ tfaoi.com Film Festival Program collectorsguide.com KJJZ cvfamilynews.com inpalmsprings.com palmspringsgalleries.com lacewing.com przewodek.com KGAM performingartsmagazine.com The Desert Sun lagunacanyonartists.com 300 620 Palmsprings.about.com Palmspringsproperties.com p-a-p-a.com Performing Arts Magazine Plein Air Scene rakent.com Rvjournal.com Southwest Art Magazine Suitel0l .com Theartsource.com Thepleinairscene.com Travel Scope Wallacegalleries.com desert-resorts.com craftsreport.com palmspringslife.com Mature Living San Bernardino Sun centava.com palm-springs.org Desert Business Journal desertportal.com aaa-calif corn i5ive.com Desertsun.com spe.sony.com califomiadates.org sunshine artist.com theabcdirectory.com KEZN KWXY desertgrafics.com wwevents.com KDES palmspringshotelres.com califomiawatercolor.com allaboutpalmsprings.com laquintaresort.com theaesthetic.com 310 G2i 14. La Quinta Arts Foundation 2002 LA QUINTA CELEBRATES THE ARTS! PROPOSED MARKETING BUDGET 31.1 (1212 ATTACHMENT 2 2001/2002 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and among the CITY OF LA QUINTA (the "City") a California municipal corporation, and LA QUINTA ARTS FOUNDATION (the "Contractor"). WHEREAS, the City Council of La Quinta finds that the Contractor provides an essential service to stimulate economic vitality and promote the general growth and revitalization of the City by its performance under this Agreement. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services: In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion and implementation of (A) Three-day event celebrating the arts, new site unveiling, opening season event for the Foundation; (B) A week-long plein air art show in January 2002 culminating in two-day plein air exhibit and music on the new site; (C) Four -day fine arts festival in March 2002. Each event contains the additional exciting elements of the first season on the new site and celebrating the 20" season of the Foundation. As specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past festivals undertaken by Contractor. 1.2 Contractor's Proposal: The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law: All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments: Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 312 1 023 1.5 Familiarity with Work: By executing this Agreement, Contractor warrants that (a) they have thoroughly investigated and considered the work to be performed; (b) they have investigated the site of the work and fully acquainted itself with the conditions there existing; (c) they have carefully considered how the work should be performed and (d) they fully understand the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum: For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of ninety thousand dollars ($90,000), the Contract Sum. Payments shall be made upon receipt of invoice in accordance with the following schedule: September 1, 2001 $15,000 January 1, 2002 $20,000 February 1,2002 $55,000 In the event that the November event does not take place the initial $15,000 payment will apply towards the January event and the total amount of this contract will be $75,000. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence: Time is of the essence in the performance of this Agreement 3.2 Schedule of Performance: All services rendered pursuant to this Agreement shall be performed diligently and within the time period established n the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure: The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A) for the performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and extend of delay and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 313 2 024 3.4 Term: Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor: The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Susan Francis, Executive Director b. Richard DeSantis, President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer: The Contract Officer shall be Tom Genovese or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment: The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the city to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder, other than in the ordinary course of its business and as required to discharge Contractor's obligations under this Agreement, without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor: Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 3 314. C-25 4.5 City Cooperation: The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring a timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance: The Contractor shall procure and maintain, at its cost, and submit according to the usual time frame required for insurance under a minor outdoor event permit, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. Said insurance shall be of the same as is required by the City pursuant to obtaining the minor outdoor event permit for each of the festival events. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to the minor outdoor event permits. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification: The contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury to or death of person(s) for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extend of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Performance Bond: (Not applicable to this Agreement.) 5.4 Payment Bond: (Not applicable to this Agreement.) 5.5 Remedies: In addition to any other remedies the City may have if contractor fails to provide or maintain any insurance policies or policy endorsements to the extend and within the time herein required, the City may, at its sole option: 31D5 4 C,26r 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extend to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS 6.1 Reports: Contractor shall provide a program report if requested by the Agency at any time during the period of September 1, 2001 to February 15, 2002. A final report, including an accounting of expenditures, shall be provided by the end of June, 2002. 6.2 Records: Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. vxlI 040 V] 111y Flu 1 DWOI[1J W;T"MOUMUU 1 �I`►fl l 7.1 California Law: This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior court of the county of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such action. 7.2 Disputes: In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, provided 316 5 C- 2'7 that if the default is an immediate danger to the health, safety and general welfare, the city may take such immediate action as the city deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds: City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of contractor in the performance of the services required by this Agreement. By this provision Contractor does not waive any rights it otherwise might have to pursue recovery of such funds so withheld as provided in Section 7.6. 7.4 Waiver: No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative: Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action: In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages: (Not applicable to this Agreement) 317 6 U8 7.8 Termination Prior to Expiration of Term: This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days written notice to City. In the event of termination by Contractor prior to either event, City shall be refunded any unexpended funds advanced to Contractor. 7.9 Attorneys' Fees: If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non -liability of City Officers and Employees: No officer or employee of the City shall be personally liable to the contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest: No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination: Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 318 C429 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice: Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA Post Office Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Tom Genovese, City Manager To Contractor: LA QUINTA ARTS FOUNDATION Post Office Box 777 78-080 Avenida La Fonda La Quinta, CA 92253 Attention: Susan Francis, Executive Director 9.2 Integrated Agreement: This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment: This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability: In the event that any one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 319 8 G30 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE Promote and implement the following: A. A three-day event celebrating art, music, opening of season and unveiling of new site. Event will called La Quinta Celebrates the Arts! held November 2001 on the new site on Washington Street. B. A weeklong event where artists paint the valley to be called Desert Plein Air held January 2002 at prime locations throughout the Valley, predominantly in La Quinta and culminating in two days of public exhibition including classical music on the new site on Washington Street. C. A four -day outdoor fine arts festival to be called 2016 Annual La Quinta Arts Festival held March 2002 on the new site on Washington Street. Marketing services for all above to include an extensive marketing program wherein the name "City of La Quinta" will be prominently displayed as a Premier Sponsor at all times. Said coverage to include but not be limited to, newspapers, magazines, radio and television advertising, as well as billboards, a fine art poster and a high quality program commemorating the event and the City of La Quinta as a Premier Sponsor. Services will also include site preparation and restoration, lighting, importation of on -site amenities, security and preparation of parking areas. 310 03i WS IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below: CITY OF LA QUINTA "CITY" a California municipal corporation By: Mayor Pro Tem ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: LA QUINT ARTS YUNDION "CONTRACTOR" By: Dated: d "rW % Susan -Fr-anciC Executive Director 321 C,34' 10 COUNCIL/RDA MEETING DATE: July 3, 2001 Consideration of a Funding Request by SunLine Transit Agency for the Vets Express Service RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: /0 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Dependent upon the City Council's direction, The Special Project Contingency Account Number 101-251-663-000 can be utilized. This account has a balance of $55,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the June 19, 2001 City Council meeting, the City Council received written correspondence regarding a funding request from SunLine Transit Agency (SunLine) for the Vets Express transportation program, as provided as Attachment 1. The City Council directed that this request be presented at the July 3, 2001 City Council meeting for consideration. SunLine is requesting funding for the Vets Express program, as the program experienced a $28,000 shortfall in Fiscal Year 2000-01. SunLine has not specified an amount they are requesting from the City of La Quinta. The other cities in the Coachella Valley as well as Riverside County have been asked to contribute to this program as well. As of this report, only Riverside County has declined the funding request. SunLine reported that the other cities are considering the request. The Vets Express provides approximately 3900 rides from the Coachella Valley to the Loma Linda Veterans Hospital per fiscal year. Of that number, 240 rides were for La Quinta residents. SunLine does not keep track of riders, only the rides that are provided. This service is offered five days a week and is offered at no cost to the participant. 322 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the funding request by SunLine Transit Agency for the Vets Express in a determined amount from Account Number 101-251-663-000; or 2. Do not authorize the funding request by SunLine Transit Agency for the Vets Express in a determined amount from Account Number 101-251-663-000; or 3. Provide staff with alternative direction. Respgctfully submitted, Dodie Horvi mmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Written Correspondence from SunLine Transit Agency Regarding the Vets Express Service 323 002 S:\Community Services\CCReports\CC.129.Vets Express..wpd Part June 4, 2001 John Pena Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Pena WRITTEN Q ATTACHMENT 1 .i Ob, . A Public Acenc, Now that the events and memorials in honor of fallen Veterans have ended and the biannual rise of patriotism has mellowed to a low buzz, it is time to turn our attentions to the surviving Veterans, as they have a need for your support year round. I am referring to the Vets Express transportation program that is operated by SunLine Transit Agency and funded in part by Regional Access Project (RAP) and Desert Healthcare District. Vets Express provides a much -needed service Monday -Friday to the Loma Linda Veterans Hospital at a cost of approximately $104,000 per year. RAP provided funding for the first 6 months of operations and we had applied for an additional $50.000 from Desert Healthcare District. There were some delays in processing of the grant and approvals due to the amount being requested and the intricacies of purchasing the new vehicle. This was further complicated by a misunderstanding between the grantees and SunLine Transit Agency, resulting in a shortfall in payment less than the cost of operations. Due in large part to this shortfall, we were faced with issuing notice of temporary stoppage of the service for the month of June. Fortunately, Mayor Will Kleindienst was able to encourage a private donor to give $10,000 that has afforded us the ability to continue the service without interruption. As mentioned at the board meeting of May 30, 2001, your financial support to recover as much of the shortfall for this fiscal year, approximately $28,000, is the primary purpose of this correspondence. Partial funding for next year has already been secured and a meeting of all partners relevant to the Vets Express has been invited to attend on June 7, 2001 at 3 00pm here at SunLine to discuss current funding, operations, and develop a plan for long term operation with financial stability. Should your schedules permit we welcome you and/or your staff's participation 324 004 32-505 Horn Olicc-Troi( Thoucand Palm; CaGfornio 92276 Phone 760-343-3456 Fox 759-3-�3-38a 5 Vets Express Page 2 Thank you in advance for you consideration of our plea for assistance with this most important program. Any financial support you can lend to this cause is another opportunity to show your appreciation, as are we, for all the Veterans have done to gaining and maintaining basic freedoms for Americans and so many others around the world. Sincerely, Cynthia J. C i r Manager, Education and Social Service Programs cc: Richard Cromwell, III enclosures 325 cu5 VETS EXPRESS OPERATIONS BUDGET OVERVIEW FY 2001 Vets Express total operations cost: RAP Grant fiscal year 2001: Desert Healthcare District Grant fiscal year 2001: Private Donation (Mayor Kleindienst) Total outstanding for FY 2001: $104,000 -$50,000 -$16,000 10.000 $28,000 326 006 COUNCIL/RDA MEETING DATE: July 3, 2001 ITEM TITLE: Consideration of an Appointment of Two City Council Members to Serve on the 20`h Anniversary Planning Committee RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHRTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the June 26, 2001 City Council meeting, the City Council recommended that a committee of be appointed to a 20`h Anniversary Planning Committee to plan activities for the City's 20`h anniversary to be held in 2002. The City Council may wish to consider appointing a citizen's committee to assist in the planning of the activities or a sub -committee of Council members to assist in the planning stages. The Community Services Commission may also be directed to undertake this task as part of their duties as Commissioners. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Appoint a citizen's committee, and/ or City Council members and/or the Community Services Commissioners to serve on the 20`h Anniversary Planning Committee; or 2. Do not appoint citizen's committee, and/ or City Council members and/or the Community Services Commissioners to serve on the 201h Anniversary Planning Committee; or 327 3. Provide staff with alternative direction. Respectfully submitted, Horvitz,,4ommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager S:\Community Services\CCReports\CC.130.Anniversary Committee.wpd 3 2 9 BUSINESS SESSION ITEM: I9L- ORDINANCE NO. 358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CHANGING THE LAND DESIGNATION FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR A 17.82 ACRE PARCEL LOCATED WITHIN THE LA QUINTA RESORT SPECIFIC PLAN, AT THE SOUTHEAST CORNER OF EISENHOWER AND AVENUE 50 CASE NO.: ZONE CHANGE 2001-101 KSL DEVELOPMENT CORP. WHEREAS, the City Council of the City of La Quinta, California, did on the 5th and 19th day of June, 2001, hold duly noticed Public Hearings for KSL Development Corp. to review a Zone Change to allow Low Density Residential zoning on a 17.82 acre site at the southeast corner of Eisenhower Drive and Avenue 50, within the La Quinta Resort Specific Plan; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Zone Change: 1. The proposed project is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The Zone Change will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The Zone Change is compatible with the City's Zoning Ordinance in that it supports the development of single family residential homes within a primarily single family residential Specific Plan. 4. The Zone Change supports the orderly development of the City. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1.PURPOSE. To rezone a portion of land generally located at the southeastern corner of Eisenhower Drive and Avenue 50, known as Assessor's Parcel Nos. 658-190-004, 773-020-033, 770-020-021, 773-020-034, from Village Commercial to Low Density Residential. 329 Ordinance No. 358 Zone Change 2001-101 Adopted June 19, 2001 Page 2 SECTION 2. ENVIRONMENTAL. This Zone Change has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that the proposed Zone Change will not have a significant adverse impact on the environment. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED this 3rd day of July, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (City Seal) 330 Ordinance No. 358 Zone Change 2001-101 Adopted June 19, 2001 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 331 EXHIBIT "A" ZONE CHANGE 2001-101 APPROVED ZONING i 50th I AVENUE LDR C , G Z � W G TY, .. PROPOSED ZONING 501h - I AVENUE z ` LDR o G z � N G ... W r r M...mr 33? COUNCIL/RDA MEETING DATE: July 3, 2001 Discussion of Possible Funding Sources for Public Safety Enhancements moillat",•� AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: Provide staff with direction as to preferred funding sources for costs associated with increased levels of service for fire and police; and Provide staff with direction regarding the possible formation of a citizens' committee and its anticipated role in the process of creating new funding sources. uW • Costs to place a City sponsored initiative on a consolidated municipal election when La Quinta Council seats are not on the ballot are estimated at $6,000. When La Quinta City Council seats are on the ballot the costs are estimated at $20,000 Costs associated with the formation of a fire suppression district are estimated at $25,000 to $40,000. ' i �itif<L•7�� None. ,j[Cj;j9j1j UPMAX• • At the Study Session on February 20, 2001, the City Council discussed enhanced levels of service for fire and emergency medical response. The general direction given to staff was to seek the means to provide a level of service that would include three fire stations, each staffed with three full time personnel, as well as one City- 333 wide paramedic squad that would supplement the medical response currently provided by American Medical Response (AMR). The costs associated with the aforementioned level of service would exceed the available funding from Structural Fire Taxes and RDA Pass Thru monies by an estimated $1.2 to $1.5 million annually. The City Council has been given options on an increase in police services for the coming fiscal year. The increased levels of service would cause an increase in costs ranging from approximately $250,000 to $800,000 annually depending on the desired level of service. Current fiscal year costs for police service is nearly $3.5 million and with the exception of a few grants, is funded entirely by the General Fund. In order to avoid burdening the General Fund with the abovementioned increases, staff was directed to look into alternate methods of financing such as general taxes, special taxes and Mello -Roos Districts and benefit assessments. Provided by Rutan and Tucker as Attachment 1, is brief description of the aforementioned funding mechanisms and their respective means of approval. Included as Attachment 2 is a survey compiled by MuniFinancial, the City's assessment administration consultant, which describes what mechanisms some other California jurisdictions have implemented to fund public safety services and the role of a citizens' group if applicable. If the City Council desires to have a referendum placed on the November 6, 2001 ballot, the City would have to adopt a resolution proposing the special tax, and submit it to the County Registrar no later than August 10, 2001. The next election would be a statewide ballot on March 5, 2002, and the adopted Resolution proposing the tax would have to be to the Registrar by early December. It should be noted that a General Tax initiative can only be placed on the ballot at the same time that City Council seats are on the ballot, which in La Quinta's case would not be until November of 2002. Representatives from MuniFinancial and special legal counsel from Rutan and Tucker will be present at the meeting to answer any questions the City Council may have regarding this issue. 334 Oi;2 Respectfully submitted, Tom Hartung, Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Public Safety Funding Mechanisms 2. Memo describing other jurisdictions' funding mechanisms 335 C>3 600-d H-. <_ � 4 rc .� rr �z o OR a a r v y WE roc � 0 0 �N to "va'f. �st .�'. i F. YO/60'd N 6-, 336 SBOB-9ti5-Yl! d11 83M ? WYlfB-woad we80:l1 G �• S ATTACHMENT 2 01PY OF IA JIJIV701 MEMORANDUM To: Tom Genovese, John Falconer (City of La Quinta) From: Brian Jewett Date: June 6, 2001 Subject: Survey Results of Public Safety Funding Alternatives This memorandum provides a summary of the results of our survey of seventeen (17) local government agencies to determine how these jurisdictions fund their public safety capital and annual operations requirements. We surveyed most of the jurisdictions within the Coachella Valley region as well as other agencies within Southern California. We also chose a Fire Protection District in Truckee, California to get a representative case study from Northern California. At the end of this memorandum, we present a comparative public safety funding matrix that summarizes our survey results. Background The City of La Quinta currently provides a basic level of fire service within the City. Service costs are funded through Redevelopment Pass Through and Structural Fire Tax funds. Unfortunately, like many jurisdictions in California, the City's fire service costs exceed revenues generated. In addition to this shortfall, the City is experiencing continued development activity. This increase in new homes and businesses, and ultimately, people, is placing a growing burden on the City's fire service and Emergency Medical Service (EMS) system. To addresses the funding shortfall and potential service level deficiencies, the City is considering alternative funding sources. Additional funding is being sought for the possible construction of a new fire station and a range of new fire personnel and medic squads. Survey Results We surveyed seventeen (17) local agencies for purposes of this project. Of these agencies, fourteen (14) are cities, two (2) are Fire Protection Districts, and one (1) is a Community 337 C 6 City of Lt Quinta, Public Safety Funding Alternatives June 6, 2001 Page 2 Services District (CSD). We asked each agency a uniform set of questions to ensure relevant comparisons between each agency. The question set involved the following subject categories: • What is (are) the funding source(s) the agency uses to fund public safety operations and maintenance (O&M), capital equipment procurement and capital construction; • For non -General Fund sources, what is the methodology by which the agency bases its tax, assessment or charge; ■ When considering alternative funding sources, was a citizen's committee formed to review the issues, review/suggest funding options and determine feasibility of each option; ■ If a citizen's committee was formed, were they detrimental to the process or did they enhance the process; ■ What was the approximate time period to implement the alternative funding source, from conception to voter approval or legislative action; • Has the alternative funding source met the agency's goals; and, ■ Any other information that would be helpful for the City of La Quinta. For each question type we found a wide variety of responses. However, we have compiled a summary of the most common responses provided by the agencies and conclusions we have reached: Funding Source ■ Most agencies use General Fund monies to fund basic levels of fire and police services. For supplementary service, most agencies implemented a special tax or a special tax district (Community Facilities District, or CFD.) ■ Of these special taxes, all were implemented by voter approval. ■ Only one agency, California City, has implemented a Fire Suppression Assessment District and levies a special assessment via this District. ■ Other sources are utility user's taxes (one agency), grants (two agencies), and impact fees and Redevelopment Agency funds for capital construction. During our interviews, we asked several fire personnel, Finance Directors and City Managers if they knew of any existing Fire Suppression Assessment District being used today. Most of the respondents did not know of any and some indicated to us that Fire Suppression Districts are not that popular anymore and if they are in use they primarily serve rural areas. Methodology Most special taxes and assessments are based on a flat per unit basis for residential properties and on a per acre or per building square footage basis for non-residential vacant and developed properties. The non-residential bases use fire flow requirement calculations to determine the 338 0 7 City of La Quinta, Public Safety Funding Alternadoa June 6, 2001 Page 3 number of Equivalent Dwelling Units or benefit units per acre or per square foot to attach to each type of non-residential establishment. In addition, most agencies levy a tax or assessment on vacant land. Role of Citizen's Committee Of the 17 respondents, only two formed and used citizen's advisory committees to review options and discuss feasibility issues. In Palm Desert, a citizen's group was formed to discuss funding alternatives for enhanced fire protection and EMS services prior to the adoption of the City's city-wide fire special tax. The role of the committee was merely an advisory one to achieve representative "buy -in" from the public. The City was not concerned about the role of the Committee and the Committee was not forceful in its views nor did it try to influence the City's decision -making process. In Desert Hot Springs, the City Council supported the formation of a citizen's group that had a limited role of reviewing funding options and recommending a preferred option. During the latter stages of the "campaign" for the UUT and the public safety parcel tax, the group took it upon themselves to support both measures. The group consisted of influential property owners within the City who used independent resources to "market" the measures to the citizens through phone calls and advertisements. According to the City, the group was encouraged by the City to stay out of the affairs of the decision -making process. Therefore, the group concentrated primarily on the public education effort. Time Period for Implementation of a Special District, Tax or Assessment The time period for adoption of a special tax or assessment typically ranged from three (3) to six (6) months. This is consistent with our experience at MuniFinancial as experts in special district formation services. Level of Success in Meeting Agency Goals All agencies reported that supplemental funding sources have provided adequate funding for supplementary or enhanced levels of public safety service. In several cases, the implementation of a special district or special tax, saved an agency from severe negative financial conditions. Only one respondent, the City of Poway, indicated that they have constructed a new fire station within the past several years. The City used Redevelopment Agency funds for this purpose and currently uses a fire protection special tax to fund on -going operation and maintenance expenses. Wrap -Up We hope that this analysis and the accompanying matrix will be able to assist the City of La Quinta in determining the best course of action in supplementing public safety needs. Should you require a follow-up meeting to discuss the results of this survey in more detail or to discuss subsequent steps, please do not hesitate to contact us. 339 C;B \ �§ §�( ;!i|® _ 2 ! |:!!7 %% k¥ _ '» 3a� \{ !!!!w 2 6 \� » 500 /}\ir- !! »»/0 @ !. ;}\0@ GO 2 )$|() » � » #E#!! !!< '!=0 !E!0 §2 E»3 s /§ J 0k �m 0oCm )m &)2ko[`. _ k( §§)$�9/( 2§ :0;\!;! 3!#;;C!! §!z 3 !( §\|rl \ }2 'k _ § ( !»}7773= �( &$�§/ )ƒ _ (� \)2i/�| }} ( J \2 aa2222} e§ 340 Gjg {�� - , 55 . _ 77{!£ /k\� (IM-0 0 •2m!!! CL » » as. Er \§ f�> Si !!I Sr »#!.! 7! 0 5r o f d §(\\0 ®\ 0 3iT § ) »§-7mCO \0 k�§�} \/ !#�# (\(k !,a■! &`�) . 32E.a Er !} }$ k0< \/( £kk )3 2 5}& !J/ ,00 ƒ)� #/$ \/ /}! co i o ; 2<[ FL 7§§ ] } | � 341 CIO / \ °;k§!ƒ\ ;/ _ ( - 0 3 } 3 \k!±°+; r, 0<W5D ! \ ! m }\ ƒ\Z§§#0 ! : ElE�, � _ . (!I021 - © !§g`} ' f - #¥ E# �, »0 [[ �� \ ( - !,!! r �}f ] }}\/} ��/� )( ! | :� !t!Q _< _k EE 0 *&; \ !!!§m !\. ( .� i FA ]42 CI± .� �.. } / 0c �° ■4ƒ � § _ K o _ £< !E{E !!;■ 7 , f� /ET §( ] ° /\ !i . £ � ` 2�\7o 3a � ° }}ei \ !!§5 0 7(7fal' > a■K, / (DO ®f � # 2L « � 341 � QI2 REPORT/INFORMATIONAL ITEM: /lo INVESTMENT ADVISORY BOARD Meeting May 9, 2001 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Osborne followed by the Pledge of Allegiance. PRESENT: Board Members Osborne, Lewis, Irwin, Olander, Moulin, ABSENT: Board Members Felice and Mahfoud OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary PUBLIC COMMENT - None III CONFIRMATION OF AGENDA IV CONSENT CALENDAR 1. Minutes of Meeting on April 11, 2001 of the Investment Advisory Board The Minutes were unanimously approved with a motion from Board Member Moulin/Olander. V BUSINESS SESSION A. Transmittal of Treasury Report for March 2001 1 344 Investment Advisory Board Minutes May 9, 2001 Mr. Falconer stated that there was one change made to page 002 of the Treasurers Report. The change was made to clarify what note 1 actually refers to. Board Member Irwin asked if it was self-explanatory, referring to cash. Board Member Moulin pointed out that it also ties in with page 5. Board Member Irwin was just questioning the need for a footnote on the first line and reiterated that the totals do reconcile. Board Member Lewis asked if there was anything listed on page 5, referring to Treasury Notes? Mr. Falconer agreed that it should have been listed, and asked the Board Members to refer to page 4 where it was to be listed. Mr. Falconer pointed out that the new purchases are yielding less than maturing investments and the yields keep dropping. Board Member Lewis, referring to the Treasury Notes, asked if there was a reason that the dates purchased are listed as N/A? Mr. Falconer stated that the date of 3/15/01 should have been listed as the date purchased. Board Member Lewis suggested that on page 4, giving a blended yield to maturity for the different investment categories. Mr. Falconer did state that the information is available, and not currently reflected on the report, but the calculations are in the system located to the right of the spread sheet, and suggested that subtotals can be added to the current sheet, if that is the Boards direction. Board Member Lewis, did point out on page 4, next to the last column, yield to maturity on different investments, were listed as a line item basis but not broken down for each of the particular categories (i.e. government, securities, treasuries...) Board Member Lewis felt that if they could be listed in same column as the yield to maturity on the total. Mr. Falconer stated that the staff would work on the sheet to reflect those items. Chairman Osborne asked Mr. Falconer to refer to page 8, and went over the methodology of the cash flow worksheet. Chairman Osborne asked if the cash flow analysis forecasted the projected cash balances that will become available. In response to Chairman Osborne, Mr. Falconer stated that was the purpose of the worksheet. Board Member Osborne stated that the projected cash flow balances for the month of March are $13 million, $19 million in April, $20 million in May, $25 million in June and than goes down substantially in July and August to $7 million by the end of August. In response to Chairman Osborne about how the excess may be invested, Mr. Falconer stated the $13 million in April would consist of $8 million invested in LAW and $5 million in Commercial Paper; for the $6 million increase in May he would lean towards short-term GSE's. Mr. Falconer continued that based upon the Board's direction regarding 2 343 Investment Advisory Board Minutes May 9, 2001 GSA's (limit of $19 million) and based upon the current GSE invested balance of $13 million the $6 million could come from GSA's. Mr. Falconer stated that the $19 million consisted of $5 million in FNMA, $5 million in Freddie Mac, $3 million in FNHLB, $3 million in Farm Credit and $3 million in Sallie Mae GSE's. Mr. Falconer stated that the $5 million for June would probably be invested in $2 million in Commercial Paper and $3 million in short-term T-Notes. Mr. Falconer added that this is a hypothetical discussion of how he would invest the funds. Board Member Lewis stated that based on the Treasurers previous discussion, Fannie Mae and FNHLB GSE's would not be available. In response to Board Member Lewis, Mr. Falconer stated that he arrived at the $6 million GSE amount as the difference between the maximum $19 million that can be invested and the $13 million that is currently invested in GSE's. Board Member Lewis stated that we currently have the full $13 million currently locked up through May. Board Member Irwin stated that the average maturity is 121 days, and turns over rapidly. Board Member Lewis stated that he was not looking at average maturity. Mr. Falconer stated that he was looking at the difference between $19 million and $13 million, whatever the mix it would be. Board Member Irwin felt that because we were dealing with short-term portfolio the City could sell an investment a month or so in advance for liquidity purposes. Board Member Lewis stated that the policy says we will not liquidate except in extreme emergencies. Chairman Osborne asked if we sell before maturity, we would run the risk of losing money on our investment. Board Member Irwin stated we would not, we sell at market and buy at market. Board Member Lewis stated that, if there was a discount or premium that was not fully amortized we might lose money. Board Member Lewis stated we do run the risk of losing money on selling for maturity. Mr. Falconer stated that we do have a "sweep" account, and we do have to forecast our cash needs, so from time to time we do use the sweep account and do use the money that's in there. Mr. Falconer also stated that we do have to manage our cash a little more wisely with the proposed changes to the policy. MOTION - It was moved by Board Member Lewis/Irwin to accept the Treasurers Report as amended, motion carried unanimously. Prior to proceeding with the next agenda item, Board Member Lewis asked if a vote on the Investment Policy would be taken at this meeting, or would the Board wait for the meeting with the City Attorney and City Manager before a vote was taken. Mr. Falconer replied that in the past the Investment Policy was voted upon after the discussion with the City Manager and City Attorney. Board Member Irwin stated that the alternative was to take a vote subject to 3 346 Investment Advisory Board Minutes May 9, 2001 comments from the City Manager and City Attorney. Board Member Lewis replied that the practice was a vote taken after comments from the City Manager and City Attorney. Board Member Lewis stated that in previous years an informal vote was taken. B. Consideration of Fiscal Year 2001/02 Investment Policies Chairman Osborne asked Mr. Falconer to address the recommended changes made to the Investment Policy to date. Mr. Falconer stated that the same methodology was being followed to the prior meeting with staff including in the agenda packet only the pages that changed, rather than recopy the entire policy. The changes included the recommended changes in the amounts and percentages allowed in GSE's and Treasury Notes. Mr. Falconer continued that the Staff report included a prospectus from the two Treasury Money Market Sweep Accounts, for which staff is requesting Board consideration. Board Member Irwin stated that he was comfortable with the changes, but wanted to address the revisions on page ten, -second paragraph, the five million Fannie Mae, five million Freddie Mac, three million for Sallie Mae and thought there was something in for Federal Home Bank. Board Member Lewis stated that Federal Home Bank was referenced in the previous paragraph. In response to Chairman Osborne, Mr. Falconer stated that the City had invested in Farm Credit GSE's, but had not invested in the Federal Intermediate Credit Bank or the Federal Land Bank. Chairman Osborne asked why we had not used the two aforementioned banks. Board Member Irwin stated that the two banks did not have a great deal of paper outstanding. Mr. Falconer stated that as a practical matter that he would not invest in something that he was not familiar with, and would have to research them prior to investing. Chairman Osborne stated that the GSE's will have the Federal Home Bank up to $3 million, Farm Credit Bank up to $3 million, Freddie Mac at $5 million and Fannie Mae at $5 million, and Sallie Mae at $3 million, which places a limitation on GSE's effectively at $19 million. Board Member Irwin asked Mr. Falconer if a new GSE entity arouse in the next twelve months, would the policy preclude us from investing in this entity. Mr. Falconer stated that he would interpret the City Policy to prohibit an investment in a new GSE. Board Member Lewis replied that the paragraph distinguishes between U.S. Government instrumentalities and agencies, and Federal Government sponsored enterprises. The GSE's specifically states which ones are in the U.S. Government instrumentality; it uses the language "are such issuers," which does not limit you to only those agencies, if a new agency should arise. Board Member Moulin asked if the State of California had to include that agency in the "umbrella?" Board Member Lewis replied he thought 0 347 Investment Advisory Board Minutes May 9, 2001 this was the language from the State. Board Member Moulin asked if the State would have to "bless" it in the code before it could be included? Board Member Lewis stated that this was the State Code. Board Member Moulin stated he was aware of this, but the new issuer would not be included. Board Member Lewis stated that "are such issuers" is generic. Mr. Falconer stated that he did not believe the State distinguished between the issuers, he thought it stated "government sponsored enterprises or institutions." Board Member Lewis believed it was also a generic term. Board Member Irwin thought that the language was addressed in the previous meeting and thought that the Board was looking just at GSE's generically and thought that some GSE's should have a higher limit than others and that is how they came to the five and three million differences. Mr. Falconer asked if he could stepout of the meeting and look up the particular State Code on GSE's to clarify the matter. Chairman Osborne asked for a brief recess and the Board unanimously agreed for Mr. Falconer to research this matter. Chairman Osborne re -convened the meeting and asked Mr. Falconer to report his findings from the review of the State Code. Mr. Falconer read from 53601 of the State Code, which lists the permitted investments for municipal governments and in a section that discusses GSE's, stated at the very end that other instruments of or issued by a Federal Agency or United States Government sponsored enterprise are permissible. As a result, Mr. Falconer's interpretation was that if a new organization came into existence in regards in Board Member Irwin's comment, it would be eligible for investment per the State Code. Board Member Irwin felt that the new entity would be a desirable investment (hypothetically speaking), and asked if the Board would give it consideration. Board Member Lewis stated that the speed at which the Federal Government creates agencies that issue debt instruments, we would probably not see one within the next twelve months. Chairman Osborne asked if there were any other comments regarding the changes that were made to the policy? Board Member Moulin wanted to address page nine, the last sentence, beginning with U.S. Treasury Bill, the last sentence states, "the City of La Quinta investment policy limits investments to U.S. Treasury to 100%." he believed it should read "does not limit investments to U.S. Treasury." Board Member Irwin suggested that it read "permits investments up to 100%." Board Member Moulin believed that we could do this, but since in our headings, it states "limitations," he suggested we add in U.S. Treasury and GNMA issues. Mr. Falconer suggested it read "limits P 348 Investment Advisory Board Minutes May 9, 2001 investments and U.S. Treasury and GNMA issues to 100% portfolio", which is consistent with the other paragraphs. Board Member Moulin also wanted to point out on page ten, the second bullet, the initials to Federal Home Loan Mortgage Corporation; the "L" was omitted in both places. In response to Chairman Osborne regarding the current City Sweep Account, Mr. Falconer replied that the City loses a day's interest on the current Sweep Account. Mr. Falconer stated that Staff recommends that the two Sweep Account be looked at, which are U.S. Treasury products, and would appreciate the Board's input on any change. Board Member Moulin stated that he was surprised that Wells Fargo Bank would offer a Dreyfus product that would compete with its own; that the Dreyfus product does not offer re -purchase agreements". Mr. Falconer pointed out that it did state "Dreyfus Treasury cash management invests only in U.S. Government securities and in repurchase agreements, which would indicate they do invest in repurchase agreements. Board Member Moulin was a little concerned that they do describe seven funds and would we consider the Treasury Prime Cash Management? Mr. Falconer stated we were only interested in the Treasury option. Board Member Moulin clarified that he was interested in the Dreyfus Treasury Prime Cash Management. Chairman Osborne asked for any additional Board comments regarding the two funds. Mr. Falconer stated that in reviewing last month's data, that he was inclined in going with the Wells Fargo product; however, based upon the last couple of months' performance the Dreyfus fund was yielding more than the Wells Fargo fund. In response to Board Member Irwin, Mr. Falconer stated that either one was suitable for the City. Chairman Osborne stated that he noticed the ratio of expenses to average net assets is different between the two. The expense ratio is higher with the Wells Fargo than Dreyfus. Board Member Irwin stated the fund with higher expense ratios has to take more of a risk to cover the higher overhead and conversely, the fund with the lower ratio has to take fewer risks. Board Member Lewis suggested that we go with the Dreyfus - Dreyfus expenses are currently at 20 basis points and Wells Fargo is at 25 basis points. Board Member Irwin stated that funds could go as low as 15 to 17 points if the amount invested is a very large amount of money, anywhere from $50 to $80 million. Board Member Lewis stated that Wells Fargo is technically at 31 basis points in its expense basis ratio, waiving 6 basis points of it and only committed to waiving that through July 31" of this year; there is no waiver on Dreyfus and it's 20 basis points. In response to Board Member Irwin, Mr. Falconer stated that after the Investment Policy that's adopted by the Council 21 349 Investment Advisory Board Minutes May 9, 2001 in June, Staff will present to the Council a recommendation to change the sweep account and enter into an agreement with the Dreyfus Fund. Chairman Osborne asked if there were any other comments on the Sweep Account. Board Member Moulin stated that at the previous meeting Board Member Irwin raised an interesting point, keeping minimum amounts and putting the majority elsewhere to get a better return. The Wells Fargo Prospectus has a limitation of $5 million, minimum and asked the Board if Dreyfus does and if so does that impact our ability to invest in the Funds. Board Member Irwin stated that the Dreyfus Fund has a $10 million minimum. Board Member Lewis stated that changes the decision. Chairman Osborne asked if it had to be kept at $10 million, or if that was the initial investment and could be lowered? Board Member Moulin suggested that we get a waiver. Mr. Falconer agreed that we could probably get a waiver from the Bank if that was required. Board Member Irwin stated that in context of getting a waiver, reading the Footnote B from the Dreyfus portfolio it states that the investor must have, in the opinion of Dreyfus, adequate intent and availability of assets to reach a future level investment of $10 million among the funds named above and asked if the City had that intention. Board Member Lewis stated because of the way the fund is offered, it could possibly be that the funds are designed for institutional investors, they could be aggregating all the funds that Wells Fargo account holders are doing in Dreyfus for the $10 million. Mr. Falconer stated that the prospectus refers to an institution that may be considered Wells Fargo and not the City of La Quinta. Board Member Lewis agreed and stated that we're not the institution investing, the institution is the bank acting in a fiduciary responsibility. Mr. Falconer stated that he would contact Wells Fargo to clarify this issue and report back his findings at the next Board Meeting. Chairman Osborne stated he had some comments and concerns in reference to the policy and the effects it has on short-term liquidity and the interest rates the City is earning. Specifically, Chairman Osborne stated that by limiting our GSE's to $19 million and LAIF to 15% of the portfolio, and the State limitations on Money Market investments, his concern is the short-term cash liquidity. Chairman Osborne stated that the City has changed its position on Commercial Paper to give the City more flexibility as outlined by Mr. Falconer in discussing the City's cashflow for the next six months. Chairman Osborne stated that based upon the size of the City portfolio and the percentage allowable of 20%, the City of La Quinta commercial paper investments could rise to $15 million. which is quite a substantial leap. Chairman Osborne believed the direction the Investment Board is heading with it choice of Investments limits the options of 7 350 Investment Advisory Board Minutes May 9, 2001 the Treasurer to short-term investments - US Treasuries. Chairman Osborne believed this would make a dramatic impact on lowering our rate of return; he projected that based upon last year's activities and looking at where our City is going over the next twelve months, it's estimated that there is $10 million in additional cash the Treasurer will have to place in investments. Chairman Osborne stated that if these policies are adopted and looking at the current LAIF interest rate, which is one -point higher than US Treasuries he calculated the City would learn $100,000 less in interest income. Chairman Osborne continued that on an average, short-term treasury notes, three month, or shorter are at least one point lower than LAIF, than our average where the City has been as a whole over the last twelve months; one point may not sound like a lot of money, but looking at one point on $10 million, there is a $100,000 in investment revenue would be given away to change to the new policy. Chairman Osborne recommended an increase in LAIF to 25% and asked for the Board's comments. Board Member Irwin stated that he was strongly opposed to any change to LAIF and did not believe the matter should be discussed. Chairman Osborne stated that last year the Board had agreed on the LAIF percentage in May at 20% and that it was discussed and changed in June to 15%. Board Member Lewis stated that he was supportive of 20% in June but that he had a choice of 15% or 25% and he could not support 25% so he voted for 15%. Board Member Irwin again stated his disapproval of raising the LAIF limit to 20%. Chairman Osborne stated that the policy as it is presently handcuffs the Treasurer to short term investments that earn less interest than it could. Board Member Irwin stated that he believed the policy should put some handcuffs on short-term investments and does not believe LAIF is a safe investment. Chairman Osborne asked Board Member Irwin whether it was safer to place $15 million in Commercial Paper or LAIF? Board Member Irwin stated that this was not necessary. Board Member Olander asked the Mr. Falconer whether he believed Commercial Paper or LAIF was safer? Mr. Falconer first wanted to clarify an earlier statement made by Chairman Osborne regarding the amount of LAIF time deposits - he may have stated $4 million, it's closer to $4 billion. Mr. Falconer stated he was more comfortable with a higher limit of LAIF than 15%, the staff at one point suggested going up to 35%, than 25%, to 15% and back to 20%. Mr. Falconer stated that the percentage could be higher than 15% and that he is not as comfortable with LAIF as he was, based upon the investment in time deposits and the investment philosophy of the current Treasurer who spoke at the recent Treasurer's Conference in Riverside, CA. Mr. Falconer stated in terms of commercial paper the City will be fine with this investment as long as we stay with the big names and the short maturities we have. Mr. Falconer stated that with LAIF we will be spreading the risk out over 0 351. Investment Advisory Board Minutes May 9, 2001 a large portfolio; if there is a loss it will be spread over a $45 billion portfolio versus what the County of Riverside experienced with their investment with Commercial Paper in Pacific Gas & Electric. Mr. Falconer stated that he understood the County did receive their principal back, but was not sure about the earnings and that there is more risk in investing in a single issuer as opposed to a pool. Mr. Falconer stated that he would lean more towards LAIF more than commercial paper based upon the diversification. Mr. Falconer stated that last year staff proposed 25% and the Board recommended 15% which staff was comfortable with; staff will work with 25% or 15% or whatever the ultimate percentage that the Board recommends. Board Member Lewis stated by comparing LAIF and Commercial Paper in the old Treasurers Reports, the City is giving up 100 basis points in yield. Board Member Lewis continued to state that if the Chairman's numbers are correct if you have $10 million dollars to invest at 100 basis points, that's $100,000, which could fund an additional police officer in the City or fund public works in the City. Board Member Lewis stated that he has been a vocal critic of LAIF and is not in favor of doing what some municipalities do which is to invest 100% in LAIF. Board Member Lewis stated that LAIF is a diversified portfolio and has investments that he does not personally agreed with and that the City does not allow; however, the people running the investments in LAIF are not trying to juggle the job of running the investments of the City. Board Member Lewis stated that the LAIF investments are not disallowed because they are illegal;, there are people that use them successfully every day of the year. Mr. Falconer stated that the Council feels comfortable with the LAIF percentage as it is now and there would be question as to why the Board would want to raise the percentage. Board Member Lewis stated that perhaps the Board went too far last year in lowering the rate to 15%. Board Member Moulin stated that he wanted to refresh the Board's memory of what occurred in the prior year's vote for the LAIF percentage. Board Member Moulin stated that in attendance were Board Member Olander, Board Member Irwin, Board Member Lewis, Board Member Mahfoud and himself. At that meeting there was a discussion about lowering the amount that was talked about at the previous meeting, which was below 20%. Board Member Moulin stated at that meeting he and Board Member Olander were satisfied with 20%, Board Member Lewis and Board Member Irwin were not satisfied with 20% and stated they wanted 15%; Board Member Mahfoud voted in favor of the 15% which broke the tie, and that is how the change came about last year. Board Member Moulin stated that he did not have a problem on the way things were done last year. Board Member Moulin stated that he asked the Treasurer last year if he was comfortable with the 15% and he was. Board Member Moulin stated that looking at GSE's and LAIF, it's sort 9 35 Investment Advisory Board Minutes May 9, 2001 of an implied authority of support. Board Member Moulin stated that he would be comfortable with 20% and that 25% would be too much. Board Member Moulin stated that he did not want to stir things up, but wanted to describe how the 15% came about. Board Member Irwin stated that things were stirred up. Mr. Falconer stated that a 5% difference in LAIF would result in a potential increase of $3.5 million and that the LAIF percentage would have to increase to 30% to arrive at the $10 million short term surplus mentioned by the Chairman. Board Member Chairman Osborne stated that he would not like to go over 25%, because of the feelings of the Board Members. Chairman Osborne stated the five years he has served on the Board, and the concerns about LAIF, the LAIF portfolio has consistently grown in those five years. Chairman Osborne stated when he first came on the Board LAIF was a $24 billion dollar fund and has grown to over $40 billion. Chairman Osborne stated the rate of return has stayed very consistent from 5'/2 to 6'/2 % over that five- year period and the liquidity on the fund has always been within a twenty -day period of 180 days to 200 days. Chairman Osborne stated that the concerns that have been raised over the last number of years regarding LAIF have not resulted in any stressful positions. Chairman Osborne stated that he understands that 25% is a jump from the current position of 15% and does not believe that the Board needs to go any higher than 25%. Chairman Osborne stated that he does not want to see a situation in six months where the City is investing in 30 to 90 day Treasuries earning 4 to 4'/2 %, while LAIF is earning 5%2 to 6'/:. Chairman Osborne believed the Board was giving away too much in interest earnings due to the concerns about LAIF. Board Member Moulin stated that the past is not often a good indicator of the future and in the last five years LAIF has done well, but the state's financial condition is drastically changing, with the energy crisis, layoffs and the softening of the real estate market. Board Member Lewis stated that the LAIF investments are not invested in the State of California and that the LAIF investments are invested in other things and reiterated that the economic state of California will not affect the return of investment in LAIF. Mr. Falconer stated that directly Board Member Lewis was correct but indirectly if members needed their money they would pull it out which may create a run on the fund. Board Member Lewis agreed and again stated that the State of California having economic hard times would not affect the safety or liquidity of LAIF. Board Member Lewis stated that he did not remember last year's meeting to the detail Board Member Moulin did and it was possible that 15% was an overreaction. Board Member Olander stated that he supported increasing the LAIF percentage to 20% and believed LAIF is preferable to Commercial Paper. Board Member Olander stated that there have been concerns by the Board about LAIF over the last few years, and more 10 35 Investment Advisory Board Minutes May 9, 2001 specifically over the last twelve months, LAIF has been putting large amounts of sums in community banks throughout the State of California. Chairman Osborne commented on the $20 million invested in Valley Independent Bank as an example of the $4 billion invested in Community Banks which on average are only six months before maturity and that LAIF has been looked at in the respect of its investments and compared to the Investment Policy of the City. Chairman Osborne stated that between 85% to 90% of LAIF's investments are within our own investment policy. Chairman Osborne stated that one of the areas outside the City Investment policy which has been discussed are the loans LAIF makes to the State of California which are short-term, for thirty day time periods. Chairman Osborne stated that he wanted to bring LAIF up to 25%, and hear some of the Board's ideas in this matter. Board Member Irwin stated strongly his opposition to the increase of LAIF as which has not changed from previous years. Chairman Osborne stated that he felt that we needed to readdress the 15% for short-term vehicles that we're able to use for the City of La Quinta. Board Member Irwin did not feel that a 25% increase in LAIF was needed. Board Member Olander suggested that the Board return to the 20%, and that it was preferable to Commercial Paper in today's environment, and that he agreed with Chairman Osborne, and noted that the Board recognizes certain weaknesses in LAIF. Board Member Olander specifically pointed out that he was disturbed by Mr. Falconer's comments about the State Treasurer looking upon the portfolio from such a social stand point. Board Member Olander stated that perhaps the Board went too much on the 15% and that he would personally feel comfortable with the 20% in LAIF as preferable over 20% in Commercial Paper. Board Member Olander stated that his opinion of Commercial Paper has diminished due to the PG&E bankruptcy and comments made by our President and Vice President which leads him to believe that the economy is still on shaky ground nationally. Board Member Irwin again reiterated his strong opposition against the increase in LAIF. Chairman Osborne asked Board Member Irwin if he would be against 20% in LAIF and Board Member Irwin opposed the increase. Board Member Irwin stated that there was not a points difference, and on a short-term basis we were looking at 35 basis points which he felt was chasing yield. Board Member Osborne stated that it was not a difference of 1 point. Board Member Lewis stated that U.S. Treasury Notes with a 61 days maturity yield 4.5% yield while LAIF was yielding 5.97% with the actual difference 150 basis points and not 35 basis points. Board Member Irwin stated his strong opposition against the increase in LAIF. Chairman Osborne stated that LAIF needed to be increased to give Mr. Falconer some room. Board Member Olander stated that the Board did give the Treasurer the ability to invest 100% in US Treasuries on an emergency situation and which 11 354 Investment Advisory Board Minutes May 9, 2001 was designed to alleviate the City in the event of a serious dilemma. Board Member Olander stated that in the discussion with LAIF we are giving the Treasurer a little opportunity to slightly increase yield. Chairman Osborne asked to poll the Board Members to increase LAIF from 15% to 20%. Chairman Osborne and Board Members Lewis, Moulin and Olander approved of an increase from 15% to 20% with Board Member Irwin opposed. Board Member Lewis asked that this issue be continued to the next meeting. A motion was made by Chairman Osborne to continue to the next scheduled meeting. Board Member Moulin/Olander seconded this motion. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report and Other Selected Financial Data - April 2001 Mr. Falconer stated that he and Board Member Moulin attended a session on GSE's at the CMTA Conference in Riverside. GSE representatives included Fannie Mae, Freddie Mac, Sallie Mae, the Federal Farm Credit Bureau and the Federal National Home Loan Bank. Both Board Member Moulin and Mr. Falconer stated that they were impressed by the presentation of the FNHLB. Board Member Moulin directed the Boards attention to page 12, which listed a $7 million change in budgeted actuals, in the month of March, therefore placing the revenues $3 million higher. Mr. Falconer stated that this amount was for the nine months from July 1". Noted and filed. B. Pooled Money Investment Board Reports — February 2001 Board Member Lewis stated that going reviewing the month end, the LAIF information indicates in the report the rates dropping to y: percent, from February to the end of April. Noted and filed. VII BOARD MEMBER ITEMS 12 355 Investment Advisory Board Minutes VIII ADJOURNMENT May 9, 2001 MOTION - It was moved by Chairman Osborne to adjourn the meeting at 6:42 p.m. Motion carried unanimously. Sub ted y, Vianka Orrantia Secretary 13 3 5 G REPORT/INFORMATIONAL ITEM: 17 COMMUNITY SERVICES COMMISSION MINUTES May 14, 2001 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:06 p.m. in the Council Chambers of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Davis led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Deborah Bechard Commissioner Mike Davis Commissioner Michelle Henson (Vice Chairperson) Commissioner Joan Rebich Commissioner Victoria St. Johns (Chairperson) STAFF PRESENT: Dodie Horvitz, Community Services Director Terri DeTamble, Community Services Secretary II. PUBLIC COMMENT Helen Marie Nelson introduced herself to the Commission. She is a resident of La Quinta and asked when the City would be working on the park at Sagebrush and Saguaro Drive. Dodie Horvitz, Community Services Director stated that she anticipates that it could possibly be July, 2001. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of March 12, 2001 B. Approval of Minutes of April 18, 2001 C. Monthly Department Report for March 2001 Commissioner Michelle Henson's name was misspelled in the minutes. It was moved by Commissioners Henson/Bechard to approve the Consent Calendar with corrections to the minutes. It was moved by Commissioners Henson/Bechard to excuse Commissioner Davis from the April 18, 2001 meeting. Unanimous. V. PUBLIC HEARING VI. BUSINESS ITEMS A. Park Naming Submittals Ms. Horvitz presented the parks to the Commissioners for consideration. The first is a parcel of land located at the corner of Velasco and Temecula which was donated by Mr. & Mrs. Meyran, with the request that the land be used exclusively for a park. Shortly after donating the land to the city, Mrs. Jean Meyran passed away. Mr. Meyran is still very dedicated to this park project. Commissioners discussed the possibility of naming the park after the Meyran family. Commissioner S:\Community Services\CSComm\CSCMIN.05-14-Ol.wpd 3 5 7 MR11 Rebich suggested "Jean Meyran Memorial Park". Commissioner Davis suggested "Jean Meyran Park", as "Memorial" might suggest a cemetery. Commissioner Henson suggested "Meyran Family Park". Commissioner St. Johns suggested asking Mr. Meyran. Commissioner Henson suggested asking Mr. Meyran if he is in favor of naming the park after his family and also asking his opinion of the suggested names. All agreed that this was the best idea. The second park discussed was Seasons Park, located on Cloudview Drive and is part of the Seasons housing development. Commissioner Davis suggested that Seasons Park is an appropriate name as it identifies the area where the park is located and keeping it simple would be best. All agreed. The same criteria applied to the third park, Desert Pride Park. All agreed that Desert Pride Park is an appropriate name. The fourth park to be discussed was the Community Park. Provided was a list of park name suggestions. The Commissioners discussed the pros and cons of each name. Commissioner St. Johns was in favor of the name, La Quinta Community Park. Ms. Horvitz informed the Commissioners that the only problem with this name is that currently the Frances Hack La Quinta Community Park, is already using that name. Commissioner Rebich asked if the La Quinta Community Park portion of the name could be removed from Frances Hack Park. Ms. Horvitz said that it's a possibility, however Coachella Valley Park and Recreation would need to give permission. It was moved by Commissioners Rebich/Davis that the large park be named La Quinta Community Park and submitted as a recommendation for the City Council to consider. It was moved by Commissioners Rebich/Henson to consider either the Jean Meyron Park or the Meyron Family Park, with Mr. Meyron's permission. It was moved by Commissioners Rebich/Davis that Seasons Park and Desert Pride Park be named as such as they are easily identified by the neighborhood in which they are located. Unanimous. B. Annual Work Plan After discussion regarding each Task identified in the Annual Work Plan it was moved by Commissioners Rebich/Henson to accept the Annual Work Plan without changes. Unanimous. CORRESPONDENCE AND WRITTEN MATERIALS Vill. COMMISSIONER ITEMS A. Community Picnic Review Commissioner St. Johns commented that it was a wonderful celebration. Everyone agreed and congratulated Ms. Horvitz and staff on a job well done. Commissioners commented that it was well attended, good music, lots of vendors and they look forward to the big 20`" anniversary celebration next year. Commissioner St. Johns suggested that next year recycle bins should be provided for cans and bottles. B. Commissioner Rebich Commissioner Rebich explained that she went to the City Council meeting to hear specifically about the issue regarding Eisenhower Park. At the meeting there was a lengthy discussion about Eisenhower Park as well as the need for a park in the northwest portion of the cove area of La Quinta. Commissioner Rebich said she still has an interest in a dog park although there was no discussion of this at the Council meeting. She feel that there is a great amount of community interest in this project. Ms. Horvitz commented that the dog park issue is still on the books as a Capital Improvement Program under an Add Project. S:\Community Services\CSComm\CSCMIN.05-14-Ol.wpd 358 002 IX. ADJOURNMENT It was moved by Commissioners Davis/Rebich to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 8:10 p.m. NEXT MEETING INFORMATION June 11, 2001 7:00 PM La Quinta Civic Center Study Session Room Next agenda: • Submitted by: L� t aY Terri DeTamble, Commission Secretary S:\Community Services\CSComm\CSCMIN.05-14-Ol.wpd 3 5 60i REPORT/INFORMATIONAL ITEM: /8 CULTURAL ARTS COMMISSION MINUTES May 10, 2001 CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Shamis presided over the meeting. Commissioner Diamond led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Denise Diamond Commissioner Leslie McMillan Commissioner Elaine Reynolds Commissioner Rosita Shamis (Chairperson) MEMBERS ABSENT: None STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT - None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of March 8, 2001 B. Art in Public Places Financial Report for 2001 C. Monthly Department Report for January 2001 Commissioners McMillan/Reynolds moved to approve the Consent Calendar as presented. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Annual Work Plan It was moved by Commissioners McMillan/Diamond to approve the Annual Work Plan with revisions. The revisions include adding Commissioner Time to each project, as well as deleting the Artist Bank Task and reviewing the Art in Public Places Master Plans. Dodie Horvitz, Community Services Director, will do a redline version and submit for Council consideration at the June 5 meeting. Unanimous. B. CALAA 25th Anniversary Events It was moved by Commissioners Reynolds/McMillan to approve a proclamation on behalf of the City of La Quinta, to thank Governor Gray Davis and CALAA for their support of the arts. Unanimous. S:\Community Services\CAComm\CACM1N.05-1 0-0 l.wpd 360 C. Artist File Format Commissioner Diamond discussed her concerns regarding the lack of information available to appropriately identify the City's art pieces. Her recommendations were to implement a standardized process which would identify all pertinent information regarding each art piece and each artist. The question about whether or not certificates of authenticity should be required needs to be answered. Labeling of each art piece should be decided upon and remain as consistent as possible. The issue of allotted space and presentation for each art piece needs to be discussed. The issue of public access and interest should be a high priority. With regard to Art In Public Places, Commissioner Diamond has gone through all the art piece files available and found the information to be incomplete for the most part. Dodie has submitted an "Art In Public Places Fact Sheet" as Attachment A, which would appropriately identify and provide pertinent information regarding each art piece. Commissioner Shamis agreed that the Fact Sheet should be used. All information should be found so that files can be completed and so that the process remains consistent. Commissioner Diamond will provide Ms. Horvitz with all the information required to complete the files and Ms. Horvitz will research. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Picnic Responses As indicated by the public's responses, the performing arts seem to be a popular interest. Items such as concerts and puppet shows were recommended often. B. De Martino Art Piece Modifications The City Council accepted the Commissions's recommendation for Mr. De Martino's art piece, however, they did exclude the two sixteen foot light poles, as well as the recommendation to put a light on the Triple A building and a light in the tree. External lights can be added at a later date if needed. Commissioner Shamis would like to know what Mr. De Martino's plans are and to request that he remove the gem that was placed as a marquette. C. Jefferson Street Bridge Railing Enhancements The City Council approved the Commission's recommendations and thought they were a great idea. Vill. COMMISSIONER ITEMS A. Commissioner Shamis Commissioner Shamis requested to change the next meeting date due to being unavailable on the 14th. It was moved by Commissioners McMillan/Diamond to change the next meeting date to June 21. Unanimous. The Mayor has indicated that he will meet with the Cultural Arts Commission in September. IX. ADJOURNMENT It was moved by Commissioners McMillan/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 9:27 p.m. 361 SACommunity Services\CAComm\CACMIN.05-10-Ol.wpd 002 02 NEXT MEETING INFORMATION June 21, 2001 7:00 PM La Quinta Civic Center Study Session Room Next agenda: Submitted by: Terri DeTamble, Commission Secretary 362' S:\Community Services\CAComm\CACMIN.05-10-Ol.wpd 60j DEPARTMENT REPORT: I -A S cF`y Of 1'K4'94- TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager ,,,�/J DATE: July 3, 2001 V(/' j RE: Department Report — Response(s) to Public Comments The following is the response to public comments made at the June 19, 2001 City Council meeting: 1. Ms. Elaine Reynolds, 49-294 Avenida Vista Bonita, addressed the City Council regarding City grant funds to help hire a qualified teacher for an art program headed by Debbie Bechard intended to inspire young people. Ms. Reynolds also asked the Council to consider the funding needs of the La Quinta Arts Association during preparation of the fiscal year 2001-02 budget. No additional response was necessary. 2. Mr. Robert Tyler, 44-215 Villeta Drive, addressed the Council regarding the City's contract with Waste Management of the Desert. Mr. Tyler noted that the 64-gallon recycling containers were omitted from the draft Resolution. The Community Development Department has since corrected the Resolution to include the 64-gallon recycling containers. 3. Mr. Rob Ballew, 43-930 San Pablo, Palm Desert, of Family YMCA of the Desert, invited the City Council to attend VIP Day at Camp Oakes on June 27, 2001. No additional response was necessary. The following public comments were made regarding the height of the berm on Avenue 54: 4. Mr. David Roberdes, 54-015 Southern Hills, addressed the City Council regarding the height of a berm along Avenue 54 at the Country Club of the Desert development, and expressed that it will heavily impact the views of 361 PGA West residents. Mr. Roberdes also stated that PGA West residents were not notified of the Planning Commission hearing to change the height of the berm; 5. Mr. Wayne LeBlang, 54-511 Southern Hills, expressed his opposition to the berm height and presented photographs of the area; 6. Mr. Michael Raines, 54-533 Southern Hills, expressed his opposition to the berm height and voiced that it might cause a "venturi" effect; 7. Mr. Mervyn Kirshner, 54-063 Southern Hills, stated that the berm height along Avenue 54 would restrict light and air flow and create a canyon effect; 8. Ms. Judy LeBlang spoke against tract map approval for Tract 29894-2 (based on the berm issue); and 9. Ms. Jeannine Puglisi expressed her opposition to the berm and complained about earth -moving activity at that site during early morning hours. The Council moved a related consent item to the business calendar to allow for further discussion. The City Attorney provided information on the legal options available to the residents to address this issue. 0 02 364 DEPARTMENT REPORT: 3'A JULY 17 JULY 25-27 AUGUST 7 AUGUST 21 SEPTEMBER 4 SEPTEMBER 12-15 SEPTEMBER 18 OCTOBER 2 OCTOBER 16 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES MAYOR AND COUNCIL MEMBERS FORUM - MONTEREY CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - SACRAMENTO CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 365 July 2001 Monthly Planner Sunday..Saturday 1 2 3 4 5 6 7 2:00 PM City Indepen- 12:00 PM Council It dence Mayors Lunch Meeting Day (City Hall Closed) 8 9 10 11 12 13 14 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Safety -Perkins Mosquito Pena Energy/Envi- 12:00 PM Transp. Abate. -Perkins 10:00 AM ARLC Sniff -Perkins 7:00 PM Plan- 12:00 PM CVAG 7:00 PM Cultural 7:00 PM Commu- ning Commis- Human/Comm.- Arts Commission nity Services Commission sion Meeting Adolph 5:30 PM Invest- ment Advisory Board 15 16 17 18 19 20 21 9:00 AM CVB- 3:30 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 22 23 24 25 26 27 28 6:00 PM League 7:00 PM Plan- 4:00 PM DRRA 9:00 AM of Calif. Cities- ning Commis- Airp-Henderson LAFCO- Riv.Div. sion Meeting Henderson 29 30 31 6:00 PM CVAG- uIe Exec Com-Pena June August S MT W T F S S MT W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 i6 12 13 14 15 16 17 18 .. 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 Printed by Calendar Creator Plus on 6/28/2001 3s9 August 2001 Monthly Planner 1 2 3 4 d 10:00 AM ALRC ber u Julyr214 S M T W T F ST F S 1 2 3 4 5 6 7 8 9 10 11 12 13 146 7 8 15 16 17 18 19 20 21131415 21 22 22 23 24 25 26 27 2820 27 28 29 29 30 31 5 6 7 8 9 10 11 2:00 PM City 9:00 AM RCTC- 12:00 PM Council Pena Energy/Envi- .. Meeting 5:30 PM Invest- Sniff ment Advisory 7:00 PM Cultural Board Arts Commission 12 13 14 15 16 17 18 10:00 AM Public 7:00 PM C.V. 3:30 PM Historic Safety -Perkins Mosquito Preservation 12:00 PM Transp. Abate. -Perkins Commission -Perkins 7:00 PM Plan- 6:00 PM League ning Commis - of Cities-Riv.Div. sion Meeting 7:00 PM Commu- nity Services Commission 19 20 21 22 '23 24 25 9:00 AM CVB- 12:00 PM CVAG 9:00 AM Henderson Human/Comm- LAFCO- 2:00 PM City Adolph Henderson Council 4:00 PM DRRA Meeting Airp-Henderson 26 27 28 29 30 31 6:00 PM CVAG- 7:00 PM Plan - Exec Com-Pena ning Commis- sion Meeting Fw„ iR, ." _ ys Printed by Calendar Creator Plus on 6/28/2001 September 2001 Monthly Planner City Council 10:00 AM ALRC 12:00 PM Meeting- Mayors Lunch Cancelled Labor Day (City Hall Closed) 10:00 AM Public I7:00 PM C.V. I9:00 AM RCTC- 1 12:00 PM Safety -Perkins Mosquito Pena Energy/Envi- 12:00 PM Transp. Abate. -Perkins 5:30 PM Invest- Sniff -Perkins 7:00 PM Plan- ment Advisory 7:00 PM Cultural 6:00 PM League ning Commis- Board Arts Commission of Cities-Riv.Div. sion Meeting 7:00 PM Commu- nity Services Commission 17 18 19 20 9:00 AM CVB- 3:30 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 6:00 PM CVAG- 7:00 PM Plan - Exec Com-Pena ning Commis- sion Meeting 12:00 PM CVAG 9:00 AM Human/Comm- LAFCO- Adolph Henderson 4:00 PM DRRA Airp-Henderson S M T W T F S S M T W T F S 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 Printed by Calendar Creator Plus on 6/28/2001 i DEPARTMENT REPORT: 14-A c&ty/ 4 etPaw MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building and Safety �.l�t• DATE: July 3, 2001 RE: CVAG Report Attached please find the report that was generated by CVAG's consultant regarding the proposed Valley -wide animal campus. At the June 26, 2001 budget meeting, Council member Adolph requested that the City Council review the document and provide comments so that he may represent the City's position at the CVAG Human and Community Resources Meeting on July 6, 2001. 369 1 Hughes, Perry & Associates MANAGEMENT CONSULTANTS Evaluation of Animal Services Campus Alternatives COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Hughes, Perry & Associates Sea Ranch, California San Mateo, California June,2001 370 i Table of Contents Page Section Title Number Executive Summary E - 1 1. Major Planning Assumptions 1 2. Shelter Capacity Projection Assumptions and Approach 4 3. Shelter Capacity Projections 7 4. Projected Annual Operating Costs for Each Alternative 10 5. Projected Capital Costs for Each Alternative 23 6. Methods for Allocating Capital and Operating Costs 29 Appendix - Space Program and Construction Cost Estimate from the Original CVAG Study Hughes, Perry I EXECUTIVE SUMMARY FOR THE EVALUATION OF ANIMAL SERVICE CAMPUS ALTERNATIVES STUDY The report which follows provides our evaluation of animal services campus alternatives requested by CVAG. Our study focused on reviewing and evaluating the draft Proposed Animal CamRus Study prepared by CVAG and dated April 6, 2001. The study documented in the report which follows had the following principal objectives: • Evaluate and validate facility capacity projections, and adjust them as required. • Evaluate capital cost projections and adjust them as necessary to reflect any modifications in facility size as well as the design, construction and construction cost estimates for developing a joint animal care facility. • Develop and evaluate alternative operating models including refining the multi -tier structure identified in the CVAG report and prepare annual operating cost estimates. • Develop and evaluate alternative cost allocation formulas for both capital and operating costs and illustrate specific impact on potential participating jurisdictions. This executive summary highlights the major findings which are presented in more detail in the main body of the report. i I . • se �• Based on discussion with the project steering committee, a series of assumptions were developed and agreed to related to the various combinations of jurisdictions potentially participating in a joint animal campus and program; holding periods for animals; and other issues were developed to support evaluation of alternatives and allocations of costs for facility development and operations. Those assumptions were as follows: Participating Jurisdictions. Three different scenarios or alternatives were identified to provide a basis for projecting operating and capital costs for shelter and field animal control operations. A "status quo' model which was based on the Valley jurisdictions participating in shelter and/or animal control services as shown in the table which follows on the next page: 37^ Hughes, Perry & Associates Page E - 1 Executive Summary for the Joint Animal Campus Evaluation Jurisdiction Partici atinif In Shelter Animal Control Palm Desert X X Rancho Mirage X Indian wells X X La Quinta X Coachella X Indio X Cathedral City X X Palm Springs Not Partici atin Desert Hot Springs X x Riverside County X The table shown above differs slightly from the configuration originally discussed with the project committee because Riverside County has not been included in the field animal control service. We believe it would not be cost effective for the County to provide contract services to Indio and Coachella, which are not participants for field services in this model, and join the consortium for field services delivery. A "full service" model which would include all jurisdictions participating for both shelter and animal control services. This would include the City of Palm Springs. A "reduced scope" model which would except Indio, La Quinta, and Coachella from participation and would consist of the other jurisdictions participating in shelter and field animal control services as follows: Jurisdiction Partici ating In Shelter Animal Control Palm Desert X X Rancho Nfirage X Indian Wells X X La Quinta Not Participating Coachella Not Participating Indio I Not Partici atin Cathedral City X X Palm Springs Not Partici atin Desert Hot Springs X X Riverside Countj Not Partici atin Initially, this alternative was to include Riverside county as a participant. However, it was subsequently determined that it was impractical, under this alternative, to expect Riverside County to participate as a member agency (sharing capital and operating costs for a joint animal services campus) if Indio, La Quinta, and Coachella did not participate because the County would 373 Hughes, Perry & Associates Page E - 2 Executive Summary for the Joint Animal Campus Evaluation probably operate the Indio shelter and field patrol service under this alternative, and there would be no advantage to the County of being a member of the joint animal services program to use the facility and program as a basis for housing animals from the unincorporated area. The two length of stay assumptions discussed with and agreed to by the committee were then employed to convert intakes to shelter capacity needs for each of the three alternatives. Those holding periods were: Minimum holding period consistent with State law and as described in the next table. Category SB 1785 Specified Holding Period Strays Six business days with the following exceptions: • Four business days if either the shelter is open one weekday evening until 7:00 PM or the shelter is open one weekend day. • The shelter has fewer than three employees. The day of intake is not counted in the holding periods specified above. Owner Surrendered Two business days. Animals Again, the day of intake is not counted in the holding periods specified above. Since the shelter would be open in the evening and on one weekend day, the shorter holding period would apply. Thus, the minimum holding period to calculate shelter capacity would be five days — the four days required by law and the intake day. A maximum holding period of ten days. Shelter capacity projections for each of the alternatives were developed and are explained in detail in the main body of the report. Capacity projections for each of the three alternatives are as follows: Factor Maximum Five DaY Holding Period Maximum Ten DaY Holding Period Dos Cats Dos Cats Alternative One - All Agencies Except 84 38 155 76 Palm Springs Shelter Spaces Required 374 Hughes, Perry & Associates Page E - 3 Executive Summary for the Joint Animal Campus Evaluation Factor Maximum Five Da Holdinff Period Maximum Ten DaY Holdint Period Dos Cats Dogs Cats Alternative Two - All Jurisdictions 99 51 183 101 Shelter Spaces Required Alternative Three Reduced Scope 33 15 61 29 Alternative Shelter Spaces Required The shelter capacity projections compare to those contained in the original CVAG planning study as shown in the table which follows below. It should be noted that the comparison is limited to shelter space for dogs because the study (and space program) did not include a specific identification of the number of cats to be accommodated and simply allocated space for a room for cat cages. Projection Number of Shelter Spaces for Dogs 5 Day Maximum Holding Period 10 Day Maximum Holding Period CVAG Study 75 75 Altemative One 84 155 Alternative Two 99 183 Alternative Three 33 61 As can be seen from the table, the alternatives identified by the committee differ from the original CVAG study, especially when the longer holding period is incorporated into the assumptions and projections. 3. PROJECTED ANNUAL OPERATING COSTS. To project annual operating costs for each of the alternatives, we developed estimated staffing plans consistent with projected facility capacity, and based on the number of jurisdictions assumed to be participants for shelter and/or field services under each. Costs were projected based on two administrative models: (1) The shelter would be operated for the JPA under contract with Riverside County; and (2) The shelter would be operated by personnel employed directly by the JPA. Basic assumptions for each model and staffing plan were as follows: Administration: Two basic "models" were employed to estimate administrative staffing requirements: Under one approach, it was assumed that the joint campus and field program would be operated under contract with Riverside County Animal Services. Under an approach which assumed that the campus would be operated by a Joint Powers Agency, it was 375 Hughes, Perry & Associates Page E - 4 Executive Summary for the Joint Animal Campus Evaluation assumed that administrative staff would include a Director and support staff (e.g. Administrative Analyst) who would handle basic accounting, personnel, and other administrative duties which would be required. The number and type of staff assumed for these functions was varied based on the size of the organization (number of staff) projected for each of the alternatives. Shelter Operations: Staffing assumptions for each operating model were based on providing kennel staff sufficient to provide coverage seven days per week for animal care; and assist with customer service during the six days per week when the kennel would be open to the public. Field Operations: Were projected based on replicating current service hours as reported by each of the jurisdictions, and based on the assumed number of jurisdictions participating in field services (second tier services) as previously discussed. Staff Salaries and Benefit Costs. Staffing costs under the County contract assumption were projected based on mid -range compensation for all positions. County benefit costs, as shown in the CVAG feasibility study report, were used to estimate benefit costs. Salaries and benefit costs for the JPA operated program were estimated based on a methodology which projected compensation costs for animal services personnel which were consistent with compensation levels for Coachella Valley cities. The next table shows our estimates of annual operating costs. Program Projected Annual Operating Cost (000) Status Quo Alternative Full Scope Alternative Reduced Scope Alternative County Contract JPA I Staffed County Contract JPA Staffed County Contract JPA Staffed Administration* $ 126 $ 357 $ 126 $ 357 $ 101 $ 273 Shelter* 435 529 547 667 299 367 Field* 354 427 901 1 085 323 389 Indirect Overhead 128 - 225 - 103 Total $ 1 043 $ 123131 $ 1 799 $ 2 109 $ 826 $ 1 029 * Salaries, benefits, and operating expense. Shelter program includes contract veterinary services. As can be seen from review of the information shown in the table and the exhibits, the JPA staffed alternatives are projected to be significantly more expensive than the County contract approach because of differences between Coachella Valley cities' compensation plans and the Riverside County compensation schedule for animal services employees. 376 Hughes, Perry & Associates Page E - 5 Executive Summary for the Joint Animal Campus Evaluation The main body of the report outlines a methodology for allocating administrative costs to the two major programs — shelter and field services so that a "tiered" service approach could be implemented. The next table shows the costs of the two tiers for each of the alternatives and compares them to the original CVAG study estimate. Alternative County Contract O eration JPA Operation Field Shelter Field Shelter Status Quo $ 582,000 $ 461 000 $ 725 000 $ 588,000 Full Scope 681000 1 118 000 803,000 1,306,000 Reduced Scope 396,000 430,000 501,000 528 000 Ori' al CVAG Estimate 385,366 1,168,750 385,366 1,168,750 4. PROJECTED CAPITAL COSTS. We reviewed and analyzed the space program and construction budget included in the CVAG Proposed Animal Campus Study, dated April 6, 2001 and also provided as an Appendix to this report. Our findings were as follows: The basic space program is sound and based on accepted space standards for animal services facilities. We found no need to make major changes in the space program. Adjustments needed were limited to those required to reflect shelter capacity and staffing differences between and among the three alternatives defined by the committee. Those changes were as follows: Adjusted shelter space to reflect the different population levels associated with each of the alternatives since the space program, as outlined in the CVAG report, was predicated on a capacity for holding 72 dogs. Made some limited changes to the administrative spaces outlined in the programs to provide the needed number of work stations consistent with the staffing plans developed for each of the alternatives, and previously described. The construction cost estimates contained in the CVAG report were reviewed and we found the following: The original construction cost estimate is based on the following per square foot construction costs: Administrative space: $ 134 per square foot. Clinic space (shell only — to be finished at a later date): $ 65 per square foot. 377 Hughes, Perry & Associates Page E - 6 Executive Summary for the Joint Animal Campus Evaluation Kennel space: $ 130 per square foot. If the unfinished clinic space is excluded, the construction cost estimate reflects an average per square foot cost of $ 131. In our work involving animal care facilities over the last three years, we have found that construction costs for new animal care facilities comparable to the one being considered by the CVAG jurisdictions range from $ 140 to $ 180 per square foot (enclosed kennel space). While the upper end of the range involves development of a "state of the art" facility with expansive public areas and high quality surface finishes, the lower end of the range reflects the type of facility described in the study and as discussed with the committee. As a result, we think it would be prudent to project construction costs at the $ 140 per square foot level rather than the $ 131 per square foot cost employed in the CVAG study. The main body of the report provides detailed estimates of construction and other project development costs for each of the alternatives. Those projected costs are summarized in the next table and also compared to the original CVAG estimate. Alternative Projected Construction and Development Costs Capacity Based on Five Day Holding Period Capacity Based on Ten Day Holding Period Status Quo Alternative $ 5 454 042 $ 6 573 027 Full Scope Alternative 5,828,376 7,182,338 Reduced Scope Alternative 4,522,038 4 805 559 Original CVAG Estimate $ 4 900 631 $ 4 900 631 As can be seen from review of the information presented in the exhibit and the tables, extending the holding period has a significant impact on facility cost — especially for the larger facility alternatives. It should also be noted that facility capacity and resulting facility costs are predicated on housing dogs on a one per kennel basis. We have found that this is a current planning standard for new animal services facilities because individual housing for dogs and cats is reported to reduce spread of illness within shelters, and also limit injuries to both animals and kennel staff. Costs could be reduced by double housing dogs, and that is a policy issue which will need to be addressed as planning for the joint animal campus proceeds. 373 Hughes, Perry & Associates Page E - 7 Executive Summary for the Joint Animal Campus Evaluation The main body of the report discusses and describes various cost allocation approaches which could be employed to allocate shelter and field service program costs under a tiered approach under which a jurisdiction could select the services (shelter and/or field) in which it would participate. We have recommended that cost allocation formulas for operating and capital costs be structured as follows: We recommend the following approach for allocating operating costs for shelter and field services: Shelter cost allocation: Base this amount, to the extent possible, on proportional use of the facility by member jurisdictions including potential use and actual use. Illustrative approaches could include: (1) Use of a single cost allocation variable (shelter days used by each jurisdiction) — this approach is currently used by Orange county to allocate costs to participating jurisdictions for their animal services programs; (2) Use two variables like population and shelter days used which would combine potential and actual use; or (3) Use of three variables like population, licensed dogs, and shelter days which combine factors reflecting actual use and potential use of the program. When multiple variables are used, they could be weighted equally or given different weights based on negotiation. We believe the two variable approach best balances use and potential use. Those would be population, and shelter intakes. The allocation of costs could be based on according equal value or weights to both variable, or weighting one variable more heavily than the other. For example, if the policy is that the cost allocation should be more closely related to actual (versus potential) use, then the use variable (intakes) would be more heavily weighted than the population variable. Field Services. Variables used would depend on services provided by the program. If the program included by both patrol, enforcement and licensing, multiple variables like licensed animals, patrol service hours, and service calls would provide a balanced allocation approach. If the program were limited to field patrol, then target service hours for each participating jurisdiction would provide an allocation method which allocated costs based on actual use. and agreed upon service/coverage levels. The next tables, on the following page, show illustrative cost allocations for each of the alternatives employing the approaches summarized above and explained in more detail in the main body of the report. 379 Hughes, Perry & Associates Page E - 8 Executive Summary for the Joint Animal Campus Evaluation Program Operated Under Contract By Riverside County Jurisdiction Alternative One Status Quo Alternative Two Full Scope I Alternative Three I Reduced Scope Shelter Field Shelter I Field I Shelter Field (Dollars 000) Cathedral City $ 80 $124 $ 83 1 $ 100 $ 145 $ 116 Coachella 44 45 98 Desert Hot Springs 31 207 32 167 56 193 Indian Wells 7 6 7 5 13 6 Indio 92 95 186 La Quinta 47 49 167 - Palm Desert 76 124 78 100 137 116 Palm Springs 81 221 Rancho Mirage 25 26 1 25 1 45 Riverside County 180 185 1 49 Program Operated Under Directly By The JPA Jurisdiction Alternative One Status Quo Alternative Two Full Scope Alternative Three Reduced Scope Shelter Field Shelter I Field Shelter Field (Dollars 000) Cathedral City $ 100 $ 158 $ 97 $ 117 $ 184 $ 142 Coachella 57 55 115 Desert Hot Springs 40 264 39 195 74 237 Indian Wells 9 8 9 6 16 7 Indio 114 - 112 218 - La Quinta 59 - 57 195 Palm Desert 93 158 91 117 171 142 Palm Springs 97 258 Rancho Mir a 30 30 29 56 Riverside Count 223 217 57 We recommend that the equally weighted variables of population (potential demand); shelter intakes (actual demand); and licensed animals (potential demand) be employed to allocate capital costs between and among participating jurisdictions. Because licensed animals by jurisdiction data are unavailable at this time, two variables (intakes and population) have been employed for illustrative purposes in the capital cost allocations shown in the main body of the report. The table, which follows on the next page, shows construction cost allocation for a facility sized based on a five day maximum holding period for a ten day maximum holding period for each of the alternatives. 380 Hughes, Perry & Associates Page E - 9 Executive Summary for the Joint Animal Campus Evaluation Jurisdiction Alternative One Status Quo Alternative T w Full Scove Alternative Three I Reduced Sco e 5 Day Holding Period 10 Day Holding Period 5 Day Holding Period I 10 Day Holding Period 5 Day Holding Period 10 Day Holding Period (Dollars 000) Cathedral City $ 725 $ 907 $ 707 $ 872 $ 1 662 $ 1 767 Coachella 425 512 400 493 - Desert Hot Springs 301 363 283 349 665 706 Indian Wells 66 79 62 76 146 155 Indio 861 1038 809 997 La Quinta 444 535 417 514 Palm Desert 699 1 842 1 657 810 1 1.544 1,641 Palm S rin s 701 864 Rancho Mira a 229 276 215 265 505 537 Riverside County 1,677 2,021 1,577 1,943 The main body of the report which follows presents these findings in detail. 381 Hughes, Perry & Associates Page E - 10 EVALUATION OF ANIMAL SERVICE CAMPUS ALTERNATIVES The report which follows provides our evaluation of animal services campus alternatives requested by CVAG. Our study focused on reviewing and evaluating the draft Proposed Animal Campus Study prepared by CVAG and dated April 6, 2001. The study documented in the report which follows had the following principal objectives: • Evaluate and validate facility capacity projections, and adjust them as required. • Evaluate capital cost projections and adjust them as necessary to reflect any modifications in facility size as well as the design, construction and construction cost estimates for developing a joint animal care facility. • Develop and evaluate alternative operating models including refining the multi -tier structure identified in the CVAG report and prepare annual operating cost estimates. • Develop and evaluate alternative cost allocation formulas for both capital and operating costs and illustrate specific impact on potential participating jurisdictions. The report opens with a summary of the major planning assumptions developed to support the analysis. 1. MAJOR PLANNING ASSUMPTIONS. Based on discussion with the project steering committee, a series of assumptions were developed and agreed to related to the various combinations of jurisdictions potentially participating in a joint animal campus and program; holding periods for animals; and other issues were developed to support evaluation of alternatives and allocations of costs for facility development and operations. Those assumptions were as follows: • Participating Jurisdictions. Three different scenarios or alternatives were identified to provide a basis for projecting operating and capital costs for shelter and field animal control operations. 382 Hughes, Perry & Associates Page 1 Evaluation ofAnimal Service Campus Alternatives A "status quo' model which was based on the Valley jurisdictions participating in shelter and/or animal control services as shown in the table which follows on the next page: Jurisdiction Partici ating In Shelter Animal Control Palm Desert X X Rancho Mirage X Indian Wells X X La Quinta X Coachella X Indio X Cathedral City X X Palm Springs Not Partici atin Desert Hot Springs X X Riverside County X The table shown above differs slightly from the configuration originally discussed with the project committee because Riverside County has not been included in the field animal control service. We believe it would not be cost effective for the County to provide contract services to Indio and Coachella, which are not participants for field services in this model, and join the consortium for field services delivery. A "full service" model which would include all jurisdictions participating for both shelter and animal control services. This would include the City of Palm Springs. A "reduced scope" model which would except Indio, La Quinta, and Coachella from participation and would consist of the other jurisdictions participating in shelter and field animal control services as follows: Jurisdiction Partici ating In Shelter Animal Control Palm Desert X X Rancho Mirage X Indian Wells X X La Quinta Not Participating Coachella Not Participating Indio Not Partici atin Cathedral City X X Palm Springs Not Pci atin arti Desert Hot Springs X X Riverside County Not Partici atin Initially, this alternative was to include Riverside county as a participant. However, it was subsequently �Tx Hughes, Perry & Associates Page Evaluation of Animal Service Campus Alternatives determined that it was impractical, under this alternative, to expect Riverside County to participate as a member agency (sharing capital and operating costs for a joint animal services campus) if Indio, La Quinta, and Coachella did not participate because the County would probably operate the Indio shelter and field patrol service under this alternative, and there would be no advantage to the County of being a member of the joint animal services program to use the facility and program as a basis for housing animals from the unincorporated area. Holding Periods for Animals. Shelter capacity for each of the scenarios was tested based on two holding period assumptions as follows: Minimum holding period consistent with State law A maximum holding period of ten days. Veterinary Services. After some discussion, it was agreed that operating cost estimates would include a provision for contract veterinary services. These services were estimated at $ 40 per hour with number of hours varied based on shelter size/animal population levels associated with the three scenarios outlined above. Shelter Service Hours. It was assumed that the shelter would be open to the public six days per week with service hours as follows: Monday - Friday: 10 AM - 7 PM. Saturday: 8 AM - 3 PM. Staffing coverage and costs were estimated accordingly. Organizational/Governance Models. It was assumed that the Animal Campus program will be organized and managed as a Joint Powers Agency. Operating costs for the JPA will be estimated under two different approaches as follows: With the JPA directly employing staff with representative public sector salaries and fringe benefits in the Coachella Valley employed to estimate costs. With the JPA contracting with Riverside County to staff and operate the shelter and field animal control program. Hughes, Perry & Associates Page 3 Evaluation of Animal Service Campus Alternatives Construction Management. For the purposes of the analysis, it was assumed that a contract construction manager would be retained to oversee and manage construction of the facility. 2. SHELTER CAPACITY PROJECTION 01 APPROACH. Major steps employed to project shelter capacity for each of the alternatives were as follows: Animal intakes reported for each of the potential participating jurisdictions were employed as the basis for projecting shelter populations. Intake data are based on calendar year 2000 experience. The table which follows shows total intakes for dogs and cats for each of the shelter alternatives previously described. Jurisdiction Alternative One Intakes Alternative Two Intakes Alternative Three Intakes Dos Cats Dos Cats Dos Cats Desert Hot Springs 1077 339 1077 339 1077 339 Coachella 523 139 523 139 Not Participating Indio 807 396 807 396 Not Participating Palm Springs Not Participating 1,053 785 Not Participating La Quinta 633 229 633 229 Not Participating Cathedral city 946 470 946 470 946 470 Rancho Mirage 52 53 52 53 52 53 Indian Wells 11 6 11 6 11 6 Palm Desert 239 195 239 195 239 195 Unincorp. Riverside County 1658 520 1658 520 Not Participating TOTAL INTAKES 5,946 2,347 6,999 3 132 2.325 1063 Intake data were reviewed to identify disposition of intakes for both dogs and cats to determine the number of animals reclaimed by owners; number adopted; and number euthanized. Alternative dispositions need to be considered because we have found, in our previous work with other jurisdictions, that owner claimed animals are typically held significantly less time than animals which are ultimately adopted or euthanized. Review of 2000 patterns for the various reporting CVAG jurisdictions indicated that disposition patterns by species were as shown in the table which follows on the next page: 3 8'5 Hughes, Perry & Associates Page Evaluation of Animal Service Campus Alternatives Disposition Dos cats Adopted 15.1% 15.3% Returned to Owner 19.6% 2.6% Euthanized 65.3% 82.1% TOTAL 100.0% 100.0% Our experience in working with other jurisdictions and review of monthly intake patterns for Palm Springs, Riverside County Animal control — Indio, and Animal Care indicates that intakes also fluctuate by species in the Coachella Valley. As intakes fluctuate, shelter populations will also fluctuate and thus, capacity planning needs to accommodate those fluctuations to avoid chronic overcrowding during higher intake volume periods. To estimate an "allowance for shelter population fluctuation, we accomplished the following: Analyzed intake volume by month, by species for the most recent twelve months available. Calculated average monthly intakes for the period. Calculated fluctuations above and below the average for each month. Took the annual average for each monthly fluctuation to calculate a planning allowance for estimating shelter capacity which accommodates animal population fluctuations in the shelter. The adjustments calculated were as follows: Dogs: 9.7% Cats: 20.1% Then, these adjustments were applied to intakes to adjust for population fluctuation impact on shelter capacity needs. The two length of stay assumptions discussed with and agreed to by the committee were then employed to convert intakes to shelter capacity needs for each of the three alternatives. Those holding periods were: Minimum holding period consistent with State law. The provisions of SB 1785 and subsequent legislation are as described in the table which follows on the next page: :N Hughes, Perry & Associates Page 5 Evaluation of Animal Service Campus Alternatives Cateaory SB 1785 Specified Holdinir Period Strays Six business days with the following exceptions: • Four business days if either the shelter is open one weekday evening until 7:00 PM or the shelter is open one weekend day. a The shelter has fewer than three employees. The day of intake is not counted in the holding periods specified above. Owner Surrendered Two business days. Animals Again, the day of intake is not counted in the holding periods specified above. Since the shelter would be open in the evening and on one weekend day, the shorter holding period would apply. Thus, the minimum holding period to calculate shelter capacity would be five days — the four days required by law and the intake day which needs to be included in the calculation because animals would occupy shelter space shortly following intake. A maximum holding period of ten days. Detailed data related to holding periods of animals by disposition are not available. However, in our work with other jurisdictions we found that: Owner re-claimed animals are typically held for shorter periods than adopted or euthanized animals. Adopted animals average holding periods which generally exceed the five and ten day periods identified by the committee for capacity planning assumptions. Euthanized animals would stay for the maximum holding period. For the purposes of the capacity projections for each of the alternatives, we have assumed that the length of stay patterns for owner reclaimed animals as documented in our recent work for other jurisdictions will be used for CVAG to avoid overstating capacity needs by applying the same length of stay to all intakes. Data from Santa Clara County and Orange County indicated that holding periods for owner re-claimed dogs and cats were similar. These data have been employed for this3 S 7 Hughes, Perry & Associates Page 6 Evaluation ofAnimal Service Campus Alternatives analysis and are as follows: Owner Returned Dogs and Cats — Average length of stay of 3.5 days. Given the assumptions described above, capacity for each of the alternatives were calculated as follows: Annual intakes by species were multiplied by the fluctuation adjustment factor. Then, adjusted intakes, by species, were multiplied by the owner returned factor to estimate the proportion of animals which would be returned to owners and have a shorter stay and the proportion which would stay for the specified maximum holding period. Once intakes were separated by disposition, each category of disposition was multiplied by average shelter days per intake and totaled to estimate total annual shelter days by species. The resulting totals were divided by 365 to calculate average daily shelter population for each alternative to include the adjustment for population fluctuations. The next section shows shelter capacity needs projected based on the approach and assumptions described above. 3. SHELTER CAPACITY PROJECTIONS Shelter capacity projections for each of the alternatives are as follows: Alternative One All Agencies Except Palm Springs Factor Maximum Five Da Holdine Period Marimum Ten DaY HoldinLy Period Dos Cats Dos Cats Intakes Including Adjustment Factor 6,523 2,347 6,523 2,347 Number Owner Redeemed 1305 85 1305 85 Number Held for Maximum Period 5 218 2 734 5.218 2,734 Projected Shelter days for Owner Redeemed 4,568 298 4,568 298 Projected Shelter Days Others 26,090 13.670 52,180 27,340 Total Annual Shelter Days 30,748 13,968 56,748 27,638 (Total shelter Days Divided by 365) Shelter Spaces Required 84 38 155 76 Hughes, Perry & Associates Page 7 Evaluation of Animal Service Campus Alternatives Alternative Two All Jurisdictions Factor Maximum Five Da Holding Period Maximum Ten Dav Holdina Period Dos Cats Dogs Cats Intakes Including Adjustment Factor 7,678 3.762 7,678 3,762 Number Owner Redeemed 1536 113 1536 113 Number Held for Maximum Period 6 142 3 649 6.142 3,649 Projected Shelter days for Owner Redeemed 5,376 396 5,376 396 Projected Shelter Days Others 30,710 18,245 61420 36,490 Total Annual Shelter Days (Total shelter Days 36,086 18,641 66,796 36,886 Divided by 365) Shelter Spaces Required 1 99 51 183 101 Alternative Three Reduced Scope Alternative Factor Maximum Five Dav Holdinky Period Maximum Ten Dav Holdine Period Dos Cats Dos Cats Intakes Including Adjustment Factor 2,551 1063 2,551 1063 Number Owner Redeemed 510 32 510 32 Number Held for Maximum Period 2041 1,031 2,041 1031 Projected Shelter days for Owner Redeemed 1785 112 1,785 112 Projected Shelter Days Others 10,205 5,155 20,410 10,310 Total Annual Shelter Days (Total shelter Days 11,990 �,267 22,195 10,422 Divided bv 365) Shelter Spaces Required 33 15 61 29 The shelter capacity projections compare to those contained in the original CVAG planning study as shown in the table which follows on the next page. It should be noted that the comparison is limited to shelter space for dogs because the study (and space program) did not include a specific identification of the number of cats to be accommodated and simply allocated space for a room for cat cages. 389 Hughes, Perry & Associates Page 8 Evaluation ofAnimal Service Campus Alternatives Projection Number of Shelter Spaces for Dogs 5 Day Maumum Holding Period 10 Day Ma3dmum Holdina Period CVAG Study 75 75 Alternative One 84 155 Alternative Two 99 183 Alternative Three 33 61 As can be seen from the table, the alternatives identified by the committee differ from the original CVAG study, especially when the longer holding period is incorporated into the assumption and projection. As previously noted, current law requires that owner surrendered animals need be held only two business days before being euthanized. Since we assume that one of the principal objectives of developing a new animal campus and program would be to reduce euthanizing of animals, capacity projections have been based on the five and ten day holding period assumption, including the assumption that owner surrendered animals, unless sick or injured, would be held for the maximum period if not adopted or reclaimed prior to the end of the maximum period. For informational purposes, we did estimate the impact of a reduced holding period (to that consistent with State law, as follows: • _ While we did not have complete data on owner surrendered animals as a proportion of total indicates, we have found from our work with other jurisdictions that owner surrenders generally account for about 30% of total intakes. • If this assumption is applied to the Coachella Valley alternatives, impact on projected shelter capacity needs for dogs under the five day holding period assumption as shown in the table which follows on the next page: 390 Hughes, Perry & Associates Page 9 Evaluation of Animal Service Campus Alternatives Factor Status Quo Full Scale Reduced Scope Alternative Alternative Alternative Intakes 5,946 6 999 2,325 Owner Surrendered at 30% 1,784 2 100 697 Other Intakes 4,162 4,899 1,628 Projected Holdin Da s Owner Surrendered at 2 Days 3,568 4,200 1,394 Reclaimed by Owners — 20% of Other Intakes and 2,912 3,430 1,140 3.5 days Held for Maximum Five Day Period 16,650 19,595 6 510 Sub -Total Annual Shelter Days for Dogs 23,130 27,225 9,044 Total Annual Projected Shelter Days Including Adjustment for Population Fluctuations 25,374 29,866 9,921 Divided by 365 to Project Capacity Needed If Owner Surrendered Animals Held for 2 Days and Other for a Maximum of 5 Days 1 70 1 82 1 27 Capacity Projected If All Animals Held for 1 Maximum of 5 Days 84 99 33 As noted above, operating cost and facility projections have been based on five and ten day holding assumptions for all animals not reclaimed or adopted prior to that time. If the shorter holding period for owner surrendered animals is subsequently determined to be an appropriate policy, capacity projections can be modified accordingly. 4. PROJECTED ANNUAL OPERATING COSTS FOR EACH ALTERNATIVE. To project annual operating costs for each of the alternatives, we developed estimated staffing plans consistent with projected facility capacity, 391 Hughes, Perry & Associates Page 10 Evaluation of Animal Service Campus Alternatives and based on the number of jurisdictions assumed to be participants for shelter and/or field services under each. Basic assumptions for each model and staffing plan were as follows: Administration: Two basic "models" were employed to estimate administrative staffing requirements: Under one approach, it was assumed that the joint campus and field program would be operated under contract with Riverside County Animal Services and, based on discussion with County representatives, that an on -site manager at the Operations Chief level would be provided to manage the operation. Under a County contract service situation, all support services (personnel, payroll, accounting, information services, etc.) would provided by the County and covered by indirect service charges. Under the approach which assumed that the campus would be operated by a Joint Powers Agency, it was assumed that administrative staff would include a Director and support staff (e.g. Administrative Analyst) who would handle basic accounting, personnel, and other administrative duties which would be required. The number and type of staff assumed for these functions was varied based on the size of the organization (number of staff projected for each of the alternatives. Under both approaches, it was assumed that the organization would staff a Volunteer Coordinator position with time commitment varying based on program size. Shelter Operations: Staffing assumptions for each operating model were based on providing kennel staff sufficient to provide coverage seven days per week for animal care; and assist with customer service during the six days per week the kennel would be open to the public (e.g. moving animals; receiving animals; etc). The number of staff required to cover positions was estimated based on 2,080 gross hours per position per year; net availability to work after leaves are considered of 85% (typical availability for public sector employees); and a net of 1,768 work hours per position. Exhibit I, which follows this page, shows how we assumed that kennel staff would be deployed under each alternative. We also assumed that kennel operations would be directed by a Kennel Supervisor who would also provide coverage as required to back-up other staff. 392 Hughes, Perry & Associates Page 11 - - - - CD- § } 00 to 00 to > } po pa PC § 7 j � } 393 \ § k , Evaluation of Animal Service Campus Alternatives Each alternative also assumed that a Veterinary Technician would be assigned to the shelter under each alternative and would handle intake examination; basic treatment; and euthanizations. Under the reduced scope alternative, it was assumed that, because of the reduced facility size, one of the Kennel Technician positions would be filled by a Veterinary Technician who would have dual responsibilities. Kennel operations under each alternative provide for Public Services staff (at the Office Assistant Level) who would provide counter service; process adoptions and owner surrenders; and other comparable services. Staffing needs in this category were determined under the same approach as that taken to estimate Kennel Technician staffing needs based on scheduled coverage given assumed Shelter public service hours. It was also assumed that Public Service staff would also support field operations (dispatch; licensing processing; etc.), and positions were allocated between the two programs (shelter and field) under the tiered approach suggested by the committee. Field Operations: Were projected based on replicating current service hours as reported by each of the jurisdictions, and based on the assumed number of jurisdictions participating in field services (second tier services) as previously discussed. The next table provides our understanding of current annual service hours of field patrol for each of the jurisdictions which are potential participants in each of the alternatives Jurisdiction Field Patrol Services Current Level of Field Currently Provided By Patrol Coverage Palm Desert Provided under contract with 6 hours per day, 354 days per California Animal Care. year. 2,124 hours per year of annual coverage. Rancho Mirage Provided under contract with 10 hours of patrol per week. 520 California Animal Care. hours per year of annual coverage. Indian Wells Provided under contract with 2 hours per week or 104 hours California Animal Services. per year of annual coverage. La Quints, Provided by in-house City staff. 2 positions allocated to field patrol. Assume 2,080 gross work hours per year per position, and once vacation, sick, and other leaves are considered (estimated at 85% - average for most public agencies), net availability to work in the field would be 1,768 net work hours per position. 394 Hughes, Perry & Associates Page 13 Evaluation ofAnimal Service Campus Alternatives Jurisdiction Field Patrol Services Current Level of Field Currently Provided By Patrol Coverage La Quinta With two positions dedicated to (continued) field patrol, this would represent 3,536 total field patrol hours annually or about 68 avera a erson hours per week. Coachella Provided under contract by Noted in response as 40 hours Riverside County. per week, or 2,080 hours of coverage annual] Indio Provided under contract by 3,952 hours per year or 76 hours Riverside County. er week. Cathedral City Provided under contract with 6 hours per day, 354 days per California Animal Care. year. 2,124 hours per year of annual coverage. Palm Springs In-house animal control 80 to 100 hours per week. For program. purposes of this analysis, will assume 90 hours per week or 4,680 person hours of field patrol annually. Desert Hot Springs Provided by in-house staff with 2 positions allocated to field two positions currently patrol. Assume 2,080 gross authorized. work hours per year per position, and once vacation, sick, and other leaves are considered (estimated at 85% - average for most public agencies), net availability to work in the field would be 1,768 net work hours per position. With two positions dedicated to field patrol, this would represent 3,536 total field patrol hours annually or about 68 average person hours per week. Riverside County County staff working out of the The four animal control staff Indio shelter. Animal control serve both Indio and Coachella staff include 1 AC Supv and 3 and the unincorporated area. ACO's. They provide coverage Assuming the four staff have from Monday to Friday from 2,080 gross work hours each 7:30 am to 4:30 PM. annually; and net availability to M and F — 2 deployed work of 85% (1,768 net work T,W,Th — 3 deployed. hours annually), the four positions would have 7,072 total They provide coverage for Indio work hours annually to serve and Coachella under contract, Coachella, Indio, and the and also serve the surrounding unincorporated area. Since unincorporated area with these Coachella and Indio contract for staff. a total of 6,032 hours annually as noted above, this would leave a net of 1,040 hours per year to cover the unincorporated area. 395 Hughes, Perry & Associates Page 14 Evaluation of Animal Service Campus Alternatives These data were employed to estimate field patrol staffing needs as shown in the next table: Jurisdiction Annual Field Animal Control Service Hours Status Quo Alternative Full Scope Alternative Reduced Scope Alternative Palm Desert 2,124 2 124 2,124 Indian Wells 104 104 104 Cathedral City 2,124 2 124 2,124 Desert Hot Springs 3,536 3,536 3 536 Rancho Mirage 520 La Quints. 3,536 Coachella 2,080 Indio 3,952 Palm Springs 4,680 Riverside County 1,040 Total Annual Hours 7,888 23,696 7,888 Total Annual Hours Divided by 1,768 Net Work Hours Per Position Equals Number of Animal Control Officers Required 4.5 FTE 13.4 FTE 4.5 FTE Staffing for field services was projected based on providing a field patrol supervisor for each alternative, and under the Status Quo and Reduced Scope alternatives, it was assumed that the supervisor would also provide field patrol services on a part-time basis. The field services staffing component for each alternative also included staffing for dispatch and licensing by Public Service Technician type positions, and varying number of Licensing Inspectors based on the number of jurisdictions assumed to be participating in the field services related service components. It should be noted that the original CVAG study projected a two tier system which was structured as follows: Tier One would include basic shelter operations including animal housing, adoptions, treatment, euthanasia, public education, and a volunteer program. Tier Two would include field patrol, licensing, enforcement of animal related laws and ordinances, and investigations. 396 Hughes, Perry & Associates Page 15 Evaluation of Animal Service Campus Alternatives We found that this was a logical separation of services and have employed the same basic service delineation to estimate operating costs in this study. Once staffing plans were developed, annual operating costs for each were determined under both operating assumptions (County contract and JPA staffed and operated). Basic assumptions employed to project costs were as follows: Staff Salaries and Benefit Costs. Staffing costs under the County contract assumption were projected based on mid -range compensation for all positions. County benefit costs, as shown in the CVAG feasibility study report, were used to estimate benefit costs. Salaries and benefit costs for the JPA operated program were estimated as follows: Compensation data for the Coachella Valley cities for several common positions (e.g. planner, office assistant, accountant, etc.) and where authorized, animal control positions were obtained. These data were then analyzed to determine proportional relationships between the animal services series and the other common classifications. Data were adjusted to estimate "average" compensation for the non -animal control series positions in the Coachella Valley jurisdictions surveyed. Then, based on the proportional relationships between animal control positions and the other common positions, a salary level (at mid -step) for an animal control officer was estimated. This salary level assumed that the JPA would compensate staff at a level consistent with compensation patterns for Valley cities. Then, the proportional relationships between the animal control officer level and other animal services positions we have documented in other jurisdictions with full service animal control and service programs were employed to estimate salary ranges for the other animal service positions. 397 Hughes, Perry & Associates Page 16 Evaluation of Animal Service Campus Alternatives All salaries were projected at mid -range. • Annual Operating Expense. Estimated as 25% of staffing costs based on relationships between staffing costs (salaries plus benefits) we have documented in our work with other animal services agencies. • County Indirect Overhead. Projected for the County contract model based on calculations developed in our analysis of the previous CVAG feasibility report which indicated that the previous cost estimates for Tier One and Tier Two services included County indirect charges for accounting/payroll, personnellhuman resource services, and information systems support averaged 18.4% of salary and benefit costs. • Veterinary Services. It was assumed that these services would be provided by a private veterinarian on contract at $ 40 dollars per hour as previously discussed with the committee. Service hours were varied based on shelter population levels/capacity. Exhibits II, III, and IV, which follow this page show projected annual operating costs developed based on the capacity, staffing, and cost assumptions previously described. The data shown in the exhibit indicate that the projected annual cost of each alternative would be as follows: Program Projected Annual Operating Cost (000) Status Quo Alternative Full Scope Alternative Reduced Scope Alternative County Contract JPA Staffed County Contract JPA Staffed County Contract JPA Staffed Administration* $ 126 $ 357 $ 126 $ 357 $ 101 $ 273 Shelter* 435 529 547 667 299 367 Field* 354 427 901 1 085 323 389 Indirect Overhead 128 225 103 Total $1043 $1313 $ 1799 $ 2 109 $ 826 $1028 * Salaries, benefits, and operating expense. Shelter program includes contract veterinary services. 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V 0 u � � � O O 0 w O O 0 O 0 N W .0 " L j0 COL• Ci ti C ; 6 s O �< m O m % u 1 m 00 U m O T C :. m� a �i'imyF o •%V �yri'i �60>0 A CIO Xo `�' >m may aCl. IL. mmmm Oda OF 401 Evaluation of Animal Service Campus Alternatives Riverside County compensation schedules for animal service personnel. To estimate the fully "loaded" cost of "tiered" services which can be employed to allocate tier or program costs to participating jurisdictions later in this report, these data were used as follows: • The two principal tiers employed in the analysis are shelter and field services. Shelter services include kennel operations, animal care and feeding, public service counter operation related to turn -ins, adoptions, and the like. Field services include field patrol, dispatch, licensing, and licensing enforcement. • Administrative costs (Director/Operations Chief, other support staff such as administrative and accounting personnel, and the Volunteer Coordinator need to be allocated to both tiers since they support both programs. The most practical basis for allocation is the proportional relationship between the two tiers. In the County contract example, the indirect/overhead charges would also be allocated in this fashion. The tables which follow on the next page show the estimated cost of the two tiers for each of the alternatives based on total cost projections shown in detail in Exhibits II through IV and the allocation methodology noted above. Hughes, Perry & Associates Page 21 402 Evaluation of Animal Service Campus Alternatives County Contract Operation Status Quo Full Scope Reduced Scope Factor Alternative Alternative Alternative Dollars Percent Dollars Percent Dollars Percent (000) (000) (000) Shelter Program Costs $ 435 58% $ 547 38% $ 299 48% Field Service Program Costs 354 42% 901 62% 323 52% Total $ 747 1 100% $ 1,448 1 10070 $ 622 1 1000/0 Administration Costs $126 allocated based $126 allocated based $101 allocated based Allocated Based on on percentages noted on percentages noted on percentages noted the Percentages above: above: above: Noted Above Shelter: 58% = $73 Shelter: 38% = $48 Shelter: 48% = $48 Field: 42% =$53 Field: 62 % =$ 78 Field: 52% =$ 53 Indirect Costs $128 allocated to $225 allocated to $103 allocated to Allocated Based on based on percentages based on percentages based on percentages the Percentages noted above: noted above: noted above: Noted Above Shelter: 58% = $74 Shelter: 38% = $86 Shelter: 48% = $49 Field: 42% =$54 Field: 62% =$139 Field: 52% =$54 Tier or Program Costs with Allocated Mena ement and Overhead Shelter $582 $681 $396 Field i 461 1 118 430 Program Total 1 $1,0431 $1 799 $826 The table which follows on the next page shows the same allocations for a program directly organized and staffed by a JPA. JPA Operation Status Quo Full Scope Reduced Scope Factor Alternative Alternative Alternative Dollars Percent Dollars Percent Dollars Percent (000) (000) (000) Shelter Program Costs* $529 55% $667 38% $367 49% Field Service Program Costs* 427 45% 1,085 62% 389 51% Total $956 100% $1752 100% $756 1000/0 Administration Costs $357 allocated based $357 allocated based $273 allocated based Allocated Based on on percentages noted on percentages noted on percentages noted the Percentages above: above: above: Noted Above Shelter: 55% = $196 Shelter: 38% = $136 Shelter: 49% = $134 Field: 45% =$161 1 Field: 62 % =$221 1 Field: 51% =$139 Tier or Program Costs with Allocated Mana ement Shelter $725 1 803 $501 Field 5881 1,3061 528 Program Total 1 $1,3131 $2,1091 $1 029 Hughes, Perry & Associates Page 22 403 03 Evaluation of Animal Service Campus Alternatives Operating costs as projected in the previous tables compare to the original CVAG estimate as follows: Alternative County Contract O eration JPA Operation Field Shelter Field Shelter Status Quo $ 582 000 $ 461 000 $ 725 000 $ 588 000 Full Scope 681,000 1 118 000 803,000 1 306 000 Reduced Scope 396,000 430 000 501,000 528,000 Original CVAG Estimate 385,366 1,168,750 385,366 1,168,750 Methods for allocating these program or tier costs will be discussed later in this report. 5. PROJECTED CAPITAL COSTS FOR EACH ALTERNATIVE. We reviewed and analyzed the space program and construction budget included in the CVAG Proposed Animal Campus Study, dated April 6, 2001 and also provided as an Appendix to this report. Our findings were as follows: The basic space program is sound and based on accepted space standards for animal services facilities. This includes the number and types of spaces included in the preliminary space program, the standards employed to project space needs by function, and the space allocations by use/function for both internal and external spaces. We found no need to make major changes in the space program. Adjustments needed were limited to those required to reflect shelter capacity and staffing differences between and among the three alternatives defined by the committee. Those changes were as follows: Adjusted shelter space to reflect the different population levels associated with each of the alternatives since the space program, as outlined in the CVAG report, was predicated on a capacity for holding 72 dogs. Made some limited changes to the administrative spaces outlined in the programs to provide the needed number of work stations consistent with the staffing plans developed for each of the alternatives, and previously described in Section 4 of this report. E Hughes, Perry & Associates Page 23 Evaluation of Animal Service Campus Alternatives The table which follows summarizes the adjustments made to the space program. Space Type Status Quo Alternative Full Scope Alternative Reduced Scope Alternative Administrative Add three additional Add seven additional Delete one work Space work stations and work stations and station and circulation factor circulation factor associated circulation totaling an totaling an factor and reduce additional 600 additional 1,400 administrative space square feet. square feet. projection by 200 square feet. Kennel Space Add from 12 to 83 Add from 27 to 111 Reduce dog kennel additional dog additional dog space from that kennel spaces based kennel spaces based projected in the on the five and ten on the five and ten CVAG report as day maximum day maximum follows: holding period holding period assumptions. Adds assumptions. Adds • For the five day 912 square feet to 2,052 square feet to holding period the kennel for the the kennel for the assumption, reduce five day holding five day holding kennel space by 39 period assumption, period assumption, kennels and 2,964 and 6,308 square feet and 8,436 square feet square feet. for the ten day for the ten day maximum holding maximum holding • For the ten day period assumption. period assumption. holding period assumption, reduce For the more For the more kennel space by 11 extended ten day extended ten day kennels and 836 holding period, add holding period, add square feet. 75 additional square 250 additional feet to the cat room. square feet to the cat room. • The construction cost estimates contained in the CVAG report were reviewed and we found the following: The original construction cost estimate is based on the following per square foot construction costs: Administrative space: $ 134 per square foot. Clinic space (shell only — to be finished at a later date): $ 65 per square foot. Kennel space: $ 130 per square foot. 405 Hughes, Perry & Associates Page 24 Evaluation of Animal Service Campus Alternatives If the unfinished clinic space is excluded, the construction cost estimate reflects an average per square foot cost of $ 131. In our work involving animal care facilities over the last three years, we have found that construction costs for new animal care facilities comparable to the one being evaluated by the committee range from $ 140 to $ 180 per square foot (enclosed kennel space). While the upper end of the range involves development of "state of the art" facility with expansive public areas and high quality surface finishes, the lower end of the range reflects the type of facility described in the study and as discussed with the committee. As a result, we think it would be prudent to project construction costs at the $ 140 per square foot level rather than the $ 131 per square foot cost employed in the CVAG study. The factors and costs employed in the CVAG study to project architect and engineering costs, interior finishes, as well as finishing external spaces, are also consistent with accepted construction cost estimation practices and guidelines with the exception of the following: The original study provided for a $ 125,000 lump sum estimate for kennel equipment/finish. Our previous work has indicated that dog kennels currently cost about $ 2,200 each and cat cages range from $ 250 to $ 450 each. Cost estimates for each of the alternative were adjusted as follows: Facility capacities for cats and dogs were multiplied by these amounts and the resulting amount (either above or below $ 125,000) was added to or deducted from the cost estimate as appropriate. As discussed with the committee, an estimate for construction management was added at 5% of construction costs. Exhibit V, which follows this page, shows revised space projections and construction and project development costs for each of the alternatives which incorporate the adjustments noted above. The exhibit shows space projections and estimated costs for each of the alternatives defined by the committee, and based on maximum holding periods for animals of five and ten days. The table shown on the page following the exhibit shows comparative costs for each alternative and holding period variation. a Hughes, Perry & Associates Page 25 Description Status Quo 5 Day Alternative 10 Day Space EMdipg Square Bolding Feet Projected Admin. Projected 5,549 5,549 Adjustment fimQ fiN Admin. Total fid" 640 Shelter Projected 15,675 15,675 Adjustment 212 B,mB,i Shelter Total 16.587 22,058 Clinic Area 2M 2M Building Total Construction Cost 25.423 Dollars 30,894 Admin. And Shelter $140 Per Square Foot $3,183,040 $3,948,980 Clinic @ $65 Per Square Foot 174,655 174,655 Building Total $3.357.695 $4,123.635 Site Improvements From CVAG Report $635.000 $635,000 Total $3.992.695 94,758,635 Contingency @ 10% 399,270 475,864 Construction Total $4,207,695 $4,973,635 Soft Costs from CVAG Report 215,000 215,000 Soft Cost Adjustments 73,100 242,600 Fees (Architect, Engineers, Testing and Inspection, Permits) at 19% 758,612 904,141 Construction Mgmt. at 5% of Construction Cost 199.635 237.932 PROJECT TOTAL EXHIBIT V (1) Projected Animal Services Facility Construction and Development Costs Hughes, Perry Associates 407 Description Full Scone Alternative 5 Day 10 Day Space Holding Holding Admin. Projected 5,549 5,549 Adjustment 1.400 1.400 Admin. Total 6,949 6.949 Shelter Projected 15,675 15,675 Adjustment 2,0,92 8.686 Shelter Total 17.727 24.36 Clinic Area 2M 2M Building Total 27,363 33.99i Construction Coat Dollars Admin. And Shelter $140 Per Square Foot $3,454,640 $4,383,400 Clinic @ $65 Per Square Foot 174,655 174,65,5 Building Total $3.629.295 $4.558.055 Site Improvements From CVAG Report $635.000 $635.000 Total 94.264.295 $5.193.055 Contingency@10% 426,430 519,306 Construction Total $4,479,295 15,408,055 Soft Costs from CVAG Report 215,000 215,000 Soft Cost Adjustments 110,650 312,950 Fees (Architect, Engineers, Testing and Inspection, Permits) at 19% 810,216 986,680 Construction Mgmt. at 5% of Construction Cost PROJECT TOTAL Hughes, Perry Associates .. EXHIBIT V (2) Projected Animal Services Facility Construction and Development Costs 9' . EXHIBIT V (3) Projected Animal Services Facility Construction and Development Costs Description Reduced Scope Alternative 5 Day 10 Day Space Holding Holding Admin. Projected 5,549 5,549 Adjustment -M 2l10 Admin. Total 5.349 b.349 Shelter Projected 15,675 15,675 Adjustment :2,964 -M Shelter Total 12.711 14.839 Clinic Area 2M 2,6.67 Building Total Construction Coal Admin. And Shelter $140 Per Square Foot $2,528,400 $2,826,320 Clinic @ $65 Per Square Foot 174-655 174,655 Building Total $2,703,055 $3,000.975 Site Improvements From CVAG Report $635.000 $635.000 Total 13.338.055 93,635,975 Contingency @ 10% 333,806 363,598 Construction Total $3.553.055 $3,850,975 Soft Costs from CVAG Report 215,000 215,000 Soft Cost Adjustments -47,150 19,350 Fees (Architect, Engineers, Testing and Inspection, Permits) at 19% 634,230 570,185 Construction Mgmt. at 5% of Construction Cost 166.903 150.049 �:�sTtXsIs�'1Wxikfw:1114M'1:7 Hughes, PerryAssociates 409 Evaluation of Animal Service Campus Alternatives Alternative Projected Construction and Development Costs Capacity Based on Five Day Holding Period Capacity Based on Ten Day Holding Period Status Quo Altemative $ 5 454 042 $ 6 573 027 Full Scope Alternative 5,828,376 7,182,338 Reduced Scope Altemative 4,522,038 4,805,559 As can be seen from review of the information presented in the exhibit and the tables, extending the holding period has a significant impact on facility cost — especially for the larger facility alternatives. It should also be noted that facility capacity and resulting facility costs are predicated on housing dogs on a one per kennel basis. We have found that this is a current planning standard for new animal services facilities because individual housing for dogs and cats is reported to reduce spread of illness within shelters, and also limit injuries to both animals and kennel staff. Costs could be reduced by double housing dogs, and that is a policy issues which will need to be addressed as planning for the joint animal campus proceeds. 6. METHODS FOR ALLOCATING CAPITAL AND OPERATING COSTS. Clearly, any approach to sharing costs for a multi jurisdictional animal services facility and program would need to be negotiated. Additionally, net cost impact on participating jurisdictions would be dependent on the number of jurisdictions participating in the program. Cost allocation for the program and the facility could be developed based on a combination of variables such as those described on the next text page which follows Exhibit V. • Population -- to account for potential demand. • Licensed animals -- to reflect different levels of animal ownership in the various jurisdictions. • Shelter intakes by jurisdiction — Proportional use of the shelter by jurisdiction. Hughes, Perry & Associates Page 410 Evaluation of Animal Service Campus Alternatives Total animal days at the shelter by jurisdiction -- to reflect proportional use of the shelter facility based on actual use since some communities could have higher levels of owner redemption, impacting average length of stay. Field patrol service hours received -- to reflect agreed upon levels of service. Field patrol service calls -- to reflect actual use of the service. Because the potential participants are interested in a tiered service approach under which a jurisdiction could select to participate in the shelter program, but not field patrol, different approaches need to be considered for each program component. Overall, we recommend the following: Operating Cost Allocation: Principal components of a recommended cost allocation approach for operating costs would be as follows: Isolate the costs of each major program component as we did earlier in this report. For the purposes of our analysis, we identified the three major components of overall management and administration; shelter operations and services; and field services including patrol, dispatch, and licensing. Allocate management and overhead costs to the shelter and field programs by adding the costs of field services and the shelter; dividing the cost of each by that amount; and employing the resulting percentage to allocate management and administrative costs to the two principal programs. Then, employ different formulas to allocate the costs of each of the two programs to the jurisdictions which choose to participate in them. We recommend the following approach for shelter and field services: Shelter cost allocation: Base this amount, to the extent possible, on proportional use of the facility by member jurisdictions including potential use and actual use. Illustrative approaches could include: (1) Use of a single cost allocation variable (shelter days used by each jurisdiction) — this approach is currently zzugnes, rerry & Associates Page 30 411 Evaluation of Animal Service Campus Alternatives used by Orange county to allocate costs to participating jurisdictions for their animal services programs; (2) Use two variables like population and shelter days used which would combine potential and actual use; or (3) Use of three variables like population, licensed dogs, and shelter days which combine factors reflecting actual use and potential use of the program. When multiple variables are used, they could be weighted equally or given different weights based on negotiation. We believe the two variable approach best balances use and potential use. Those would be population, and shelter intakes. Including licensed animals as a factor would "penalize" jurisdictions with a higher proportion of licensed animals. Intakes have been selected because shelter day data are unavailable, by jurisdiction, at this time. The allocation of costs could be based on according equal value or weights to both variable, or weighting one variable more heavily than the other. For example, if the policy is that the cost allocation should be more closely related to actual (versus potential) use, then the use variable (intakes) would be more heavily weighted than the population variable. Cost shares would be calculated as follows: -- Each jurisdiction's percent share of each of the variables noted above would be calculated based on most recent calendar or fiscal year data. - If one variable was weighted more heavily than the other, the more heavily weighted variable would be multiplied by the weighting factor before each jurisdiction's percent share of the variable was calculated. - Percent shares for each variable for each jurisdiction would be summed and divided by two to calculate the composite percent cost share. - The resulting percentage would be multiplied times the total projected annual operating cost to project individual jurisdiction cost share. Hughes, Perry & Associates Page 31 412 Evaluation of Animal Service Campus Alternatives Field Services. Variables used would depend on services provided by the program. If the program included by both patrol, enforcement and licensing, multiple variables like licensed animals, patrol service hours, and service calls would provide a balanced allocation approach. If the program were limited to field patrol, then calls for service and target service hours would provide an allocation method which balanced actual use and agreed upon service/coverage levels. Again, cost shares would be calculated as follows: - Each jurisdiction's percent share of each of the variables noted above would be calculated based on most recent calendar or fiscal year data and agreed upon field patrol service levels/coverage. - Percent shares for each variable for each jurisdiction would be summed and divided by three to calculate the composite percent cost share. - The resulting percentage would be multiplied times the total projected annual operating cost to project individual jurisdiction cost share. Exhibits VI and VII, which follow this page show illustrative application of these formulas as follows: Exhibit VI shows allocated operating costs for the three alternatives under the assumption that the County would operate the program under contract with the JPA/participating jurisdictions. The illustrative cost allocation employs two variables (population and intakes) and weights population at a 25% level and intakes at a 75% level, to allocate shelter program costs, and field service costs are allocated based on service hours. Exhibit VII shows allocated operating costs for the three alternatives under the assumption that the JPA would operate the program directly. Hughes, Perry & Associates Page 32 413 MnOm.egMN' oo UO OAq'daO o q.:N Goqco m -N °nv aOi n N� n W qN op ti T N O O O h M N 1fJ h O c+d ++ 1[J N LLO W [z .i M m " a m co m n M N w � ao d2 8@ 84 LY 6Y d' O~ N CO ti C M N M M O M °) a0 O 4 CI t+ m O N O O 4] O co 10 O ✓� OD to DO7 CD O M M Oco cq O" 00 1m N N V' N" � N v- O M 00 m T Y c ale U Sc ^ 4 t: w U t+ CJ tq Y rTi "� u m 'x" ° ^y as c ° v 40 d cx c BAc°'paCd 1p. 4 C. v C y E 414 I { Q Y e ly O t0 O N M M tD d' h d' tO QQQ ay N h aci tD m M M t? ID IsD 5 U 4 0 mN CO �o aU be y O.. q 8w aqH � d' iq O aD fD M M 1q �!i Nt0d .. 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N �C7 4 co m a m +ncoo a C me:0 e: ao timtiw X6 .A, 1NG .N. ci t° cl t0i a to r Le) S 01 a0 O 4 -4 N N O O d a vyfiry�l 0 0 0 0 0 O O N m O f0 O O m v v v w C4 O M m 00 M corn -I V ti N N f9 [z m F m O dx=Qk Q[.x W C cd Ua.:aa� F aS�ca F 419 Evaluation of Animal Service Cam us Alternatives Capital Costs. We recommend that the equally weighted variables of population (potential demand); shelter intakes (actual demand); and licensed animals (potential demand) be employed to allocate capital costs between and among participating jurisdictions. Exhibits VIII and IX, which follow this page, show illustrative applications of this formula. Again, because licensed animals by jurisdiction data are unavailable at this time, two variables (intakes and population) have been employed for illustrative purposes. Exhibit VIII shows construction cost allocation for a facility sized based on a five day maximum holding period, and Exhibit IX for a facility sized for a ten day maximum holding period. The appendix which follows at the end of this report, after Exhibits VIII and IX, contains the space program and cost estimate included in the original CVAG report and adjusted, as previously described, in this study. Hughes, Perry & Associates Page 39 420 W � is Q l�+�jiJ i4 ,r `�■eS O L W PC Y � Oi Oy)Of im(pp V Of O� pNp�� ••� 00 T Oi n N r 0 m O� V� p b b OC O Ol N ■ N O O W p N CV S tb0 tD pm ObI n N O l� N N ppp�� t� l� O LLi t0 O W •� Oj U h a m m eF b N tD p U �] m b 0 .� b 0 .. C• hp m N m Y b h N b ti Y ■ ifml Y ■ vow �wwow-vow M�b�boi cia y C4 to .i .»vi r.: -4 c�jch 0. m A Y ■ V O 0 oovo�.tO.no 0 �-i�tqS.���ygy] ■ tec C6 c N7N OOVC ww ■ wv NNNe�OI O a a bm�ohmNvbm ••h.. '+obmoh oov"coimvmon N .-i N r-i .ti .. Cj O O o o O O o o m b b O N O O b m o 0 0 0 0 0 0 0 o m b Of O O u] m m o O) eF b b O N O O b O O m b o O o b m m m m" N ti b N ti S tO N M m O N V' �••� o ti ■ 00 a $o .06u e 002 VE_x3 deb i q c d ��x3 •O d u y a F U 0'gAa.1. F 0■. S.R UUG��.R G■. R■. 0.�C F 421 O W ..s �Q o m °>W fp 'u m W s m o � ae tR ee ee .U.� ay tD O N T OG a U m C Y W O O O a 422 nb�M NO vt~O C N N Oi n 'V- N b .r �+ tD n M M m rl N CO C n -o O) C U Y n N b M O �O O n H CJ M N p U v m v M N .r Y P P P P P P R a�eea�eRe�ae��a a� � a O m 4 n M N 9 b C O N M O t0 m M O 4 .C- N N v V- O O O O n ti n v? O O IO N d' rl 1O N V� d' rl O ou d n a p Oi n .Oi .ni M N T H CO t0 m O n M N m M 0 o �oMon V C .' .r oro MMon 4 4 N M �T .-1 .� V' O V' ti a0 V' 00 .ti ti .ti N ti ti L i O C C A V O O O O O O O O O M CC �O 4J O N O O 4i O O CO M O O tD Of O O h M M M ptD N O] �i a rl p CL ti y A C m G u 07 m O O cr ��� �S'.�aa'a' H cic�ciSS�3aaaz F 423 APPENDIX: SPACE PROGRAM & CONSTRUCTION COST ESTIMATE FROM APRIL 6, 2001 CVAG STUDY BY WLC 424 W L C Architects Larry W619, AIA • George M. Wiens, AIA • RobertJ. Hensley, AIA • James P. DiCamilla, AIA • Rober, M. Simons, AIA February 2, 2001 FACILITY PROGRAM AND CONCEPTUAL DESIGN Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 Introduction: The Coachella Valley Association of Governments (CVAG) is seeking to establish an animal care campus to serve the communities in the Coachella Valley. CVAG's intent is to establish an animal care shelter on a site that is also going to be shared with an animal care facility for the Animal Samaritans of Coachella Valley. This document is expressly for the establishment of a facility program for the CVAG Shelter, conceptual design of both site and building layout, corresponding project cost estimate, and schedule. Although not in specific detail, this document addresses the master planning of the site for the incorporation of the Animal Samaritan Facility to be constructed as a separate project. As the number. of residents increases in the Coachella Valley, so correspondingly does the animal population increase in the valley. To establish a facility that is designed to accommodate all of the facilities necessary for citizens of the community, this document describes the building improvements needed for services associated with an animal shelter including temporary habitation, medical treatment, spay/neuter clinic, care and grooming for adoption, and community -wide educational programs. The CVAG established a planning committee (committee members are listed in the appendix) that was responsible for the conceptual ideas and guidance in developing this planning document. Facility Space Program: The CVAG Animal Shelter will include both dog and cat indoor kennels, specialty kennels, veterinarian clinic, adoptions area, grooming and food preparation areas, administrative offices, and staff service areas. As an option, the dog kennels can be outdoors with roof over and facilities for heating/cooling the kennels. The following summary outlines the specific areas in the Shelter that will be developed along with important features of each area that should be addressed. Virginia Dar* Tower • 10470 Foothill Boulevard • Rancho Cucamonga, California 91730. 3734 • ph: 909 987 0909 fai: 909 980 9980 1110 Iron Point Road • Suite 200 • Folsom, California 95630 - 8301 • ph: 916 355 9922 fax: 916 3S5 9950 425 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 2 Dog Kennels The facility should include 72 indoor dog kennels that are constructed of durable, easily maintainable materials and should be attractive for viewing as a part of the pet adoption process. Each kennel should be approximately 4' wide x 10' long with a guillotine door dividing the kennel in half so that the dog can occupy one half of the kennel while the other half is easily cleaned. The kennel should be constructed of epoxy floor over concrete that slopes to the center drain system for easy kennel wash down. The kennel walls should be stainless steel cages and possibly include concrete block partitions in the lower portion of the kennel. A watering system with an outlet at each dog kennel should be provided. For ease of maintenance, the floors and lower portion of the walls of the circulation areas outside of the dog kennel should also be epoxy surface. There should be an overhead hose reel system for washing down both kennels and surrounding circulation spaces. The upper walls and ceilings in the kennel area should also be a smooth surface for easy cleaning. For sound control, absorptive panels should be mounted on the ceiling to reduce noise to an acceptable level. The kennel area should be divided into two or three rooms so that portions of the space can be closed off for injured and sick dogs, aggressive dogs, and quarantined dogs. Each of these kennel spaces should have its own air circulation system that does not mix air with other portions of the building to limit the spread of infectious contaminants. As a design option, the dog kennels can be outdoor facilities. The kennel area would have a roof overhead and would be of similar construction as the indoor kennels. Heating of the kennels would be by radiant floor heating system. The kennels would be cooled either by evaporative cooling or water misters. Cat Kennels The cats in the Shelter should be housed in a room separate from the dog kennels. The room should contain stainless steel cages, possibly rolling cages, stacked two high, elevated off the floor for ease of maintenance and good visibility. The cat room should include a wall mounted utility sink, epoxy floors with drain, and an overhead hose reel for wash down. Windows should be provided in the interior walls so that visual access into the cages can be taken advantage of by the public in the adoption process. 426 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 3 Veterinarian Clinic (This space to be Shell -In Only, interior improvements are to be a part of a future project). The primary use of the clinic is for spaying and neutering both dogs and cats. It will include exam rooms, surgery preparation area, and surgery rooms. An X-ray room and recovery rooms should also be provided. For the staff and public using the clinic, administrative spaces should be provided and a public lobby and reception area separate from the main Shelter should be developed. Main Public Lobby and Administrative Areas The Shelter should present a warm and inviting entrance for the public as well as the animals that are brought into the Shelter through the front door. The entry should be sheltered from elements in terms of wind, sun, and rain, and windows should be provided in the lobby so that it is a light and inviting space. The lobby and reception space should include areas for general waiting, a front counter for assistance and services provided by staff, public restrooms, educational information displays, and inviting access to the kennel areas along with conference room and educational spaces. Administrative Spaces and Office Area Administrative areas should be centrally located within the facility to provide both physical and visual access to the entrance and lobby/reception area, along with direct visual access to kennel portions of the facility. Spaces should include an open office administrative area behind the front counter, private offices for senior staff, separate office areas for dispatching, report writing, and supervisors' offices. Open office area should be provided for the kennel technicians and staff volunteers. Support spaces should include staff restrooms with lockers and showers, electrical room for both power and voice/data communication systems, staff break room, and storage areas. Kennel Support Area These areas need to include a large food storage room, food preparation room, animal grooming and cleaning room, euthanasia/freezer/crematory area, and general storage and janitorial spaces. A covered outdoor area should be provided for loading and unloading of animals. The outdoor area should include easy access to the walk-in freezer, wash down and clean up facilities, outdoor storage, and deliveries of food and supplies. 427 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 4 Site Development and Building Exterior Features The site that is to be used to develop the CVAG Animal Shelter along with the master plan for a Good Samaritan Animal Shelter is approximately 10 acres (300 feet long on the street frontage and approximately 1,000 feet deep). This site will essentially be divided down the middle lengthwise so that each facility can be developed separately, but can possibly share common driveways, parking, and outdoor activity and service areas. At least two driveway entrances should be developed at the front of the facility with visitor parking for approximately 30 vehicles. An access/service drive should be developed down the middle of the site that will serve both facilities as well as allow public access to the rear portion of the site for scheduled activities. Staff parking should include a minimum of 24 spaces for vehicular parking, along with an additional 12 spaces for designated service vehicles. An enclosed outdoor service yard should be provided to contain the animal drop off area, outdoor animal runs, and large animal pens, and overnight service vehicle parking. This enclosed service area will allow for a variety of animal support functions and will maintain security for both the animals housed and facility staff and equipment. Portions of this area should be sheltered and enclosed from the elements. Outdoor Activity Areas At the rear portion of the site, large activity spaces can be provided that will include outdoor exercise areas, training and educational programs, and special public events. This portion of the site should be flexible in its designated program use so that a variety of future activities can be accommodated. r Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 5 Summary of Programmed Areas The following table indicates the various spaces needed throughout the facility and includes both quantity and size of each space. Building Areas # Spaces SF Each Total Comments Administration Areas Lobby/Reception 1 800 800 Includes front counter Staff Work Area 1 200 200 Includes office machines Directors Office 1 200 200 Field Supervisor 1 150 150 Next to dog kennels Staff Office 3 150 450 Report Writing 1 250 250 Dispatch 1 200 200 Sound isolated room Open Office 4 60 240 Equipment Storage 1 60 60 Kennel Techs 1 300 300 Next to dog kennels Secured Storage 1 100 100 Next to animal control sup. Janitorial 1 60 60 Public Restrooms 2 150 300 Next to public lobby Staff Break Room 1 300 3p0 Conference/Education Room 1 500 500 Next to public lobby Subtotal Administration 4,110 Circulation at 35% 1,439 Total Administration 5,549 Clinic Areas Clinic Reception/Work Area 1 500 500 Includes reception Shot Clinic 1 100 100 Exam Room 1 120 120 Surgery Prep Room 1 250 250 Surgery Room 1 200 ---- Recovery Room 2 150 300 vet's Office 1 120 120 X-Ray 1 150 150 Pharmacy/Laboratory 1 150 150 Janitorial 1 100 100 Subtotal Clinic Areas Circulation at 35% 1990 697 Total Clinic Areas 2 687 29 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 6 # Spaces SF Each Total Comments Kennel Areas Dog Kennels 72 40 2,880 Puppy Rooms 1 425 425 Cat Rooms 1 425 425 Get Acquainted Rooms 2 75 150 General Storage 1 150 150 Animal Receiving Area Food Storage 1 1 150 400 150 400 Next to dog kennels Outdoor access Food Preparation 1 200 200 Grooming 1 200 200 Laundry 1 100 100 Janitorial 1 150 150 Mechanical 1 150 150 Staff Restrooms/Showers 2 200 400 Euthanasia Room 1 200 200 Crematorium 1 1 350 350 Freezer 1 120 120 Covered Vehicle Area 1 1,800 1,800 Subtotal Kennel Areas 8,250 Circulation at 90% 7,425 Total Kennel Areas 15,675 GRAND TOTAL BUILDING AREAS J 23,910 OUTDOOR AREAS Vehicle Parking - Staff 24 400 9,600 Vehicle Parking -Public 30 400 12,000 Vehicle Parking - Trucks 12 400 4,800 Large Animal Pens 8 600 4,800 Dog Exercise Area 2 2,000 4,000 Large Animal Exercise Area 1 5,000 5,000 Paved Site Access @ 30% of total 1 13,000 13,000 Landscaping @ 30% of total 1 13,000 13,000 Building 1 23,910 23,910 TOTAL 90110 430 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 7 Project Cost Estimate The conceptual project cost estimate is developed to help establish an overall budget for all costs associated with the construction of the new CVAG Animal Care Campus. Although historical information is used from the design and construction of other animal care shelters in California, the actual project costs will vary based upon final facility design, economic factors (construction cost climate), and construction development process (project phasing, timeline, construction methods utilized). This project estimate utilizes the different types of spaces and improvements for the facility as outlined in the space program and site master plan. Costs are reflected on a square foot basis depending upon the particular type of improvement established. As the project is further developed in the final planning and design processes, the cost estimate will be significantly refined and developed. An overall contingency is provided within the cost estimate to accommodate fluctuations in project development and inflationary factors. Estimated costs are indicated in two categories — construction costs and soft costs. Soft costs include all project costs except the actual construction contract amount. These costs include planning and design, permit and review fees, construction testing and inspection, and furniture and equipment. The construction costs include the construction contracts (bid amounts) and contingency. Project Cost Estimate Construction Costs Description Unit Cost Amount Administration 1. Lobby/Reception/Office 3,500sf $135.00 472,500.00 2. Restrooms 300 sf 200.00 60.000.00 3. Storage/Circulation 1,700 sf 120.00 204,000.00 Subtotal 5,500 $ 736,500.00 Clinic - Shell -In Only 1. Reception/Work 500 sf 65.00 32,500.00 2. Exam/Surgery/Recovery 1,500 sf 65.00 97,500.00 3. Storage/Circulation 700 65.00 45,500.00 Subtotal 2,700 $ 175,500.00 431 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 8 Construction Costs Description Unit Cost Amount Kennel Areas 1. Dog Kennels 2,880 sf 165.00 $ 475,200.00 2. Puppy Rooms 425 sf 150.00 63,750.00 3. Cat Rooms 425 sf 150.00 63,750.00 4. Grooming/Laundry/Food Prep/Get 650 sf 140.00 91,000.00 Acquainted 5. Euthanasia Room 200 sf 150.00 30,000.00 6. Freezer 150 sf 200.00 30,000.00 7. Storage/Circulation/Receiving 9,145 sf 130.00 1,188,850.00 8. Covered Outdoor Area 1,800 sf 50.00 90,000.00 Subtotal 15,675 $ 2,032,550.00 Subtotal Buildine Area 23.875 2,944,550.00 xeauctton to cost for optional outdoor 6,340 sf 35.00 ($221,900.00) kennelc Outdoor Improvements 1. Off -Site Improvements 1 Is 100,000.00 $ 100,000.00 2. Utilities Its 200,000.00 200,000.00 3. Site Grading 5 acres 25,000.00 125,000.00 4. Paving, Walks, Curbs 39,400 if 3.50 137,900.00 5. Large Animal Pens 4,800 sf 4.50 21,600.00 6. Animal Exercise 7,000 sf 3.50 24,500.00 7. Landscaping 13,000 sf 2.00 26,000.00 Subtotal $ 635,000.00 Subtotal Construction Cost Contingency at 10% 50 579 5 .00 3579,5.00 Total Estimated Construction Cast 3,937,505.00 Soft Costs Equipment and Furniture 1. Office Furniture and Equipment 6,000 sf 15.00 $ 90,000.00 2. Kennel Equipment ' 1 Is 125,000.00 125,000.00 3. Clinic Equipment N.I.C. 0.00 0.00 Subtotal a 215 000.00 432 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 9 Construction Costs _Description Unit Cost Amount Fees, Testing, Inspection (Indicated as a percentage of construction cost) 1. Architect(Engineer 8% $ 315,000.40 2. Agency Approvals 2% 78,750.10 3. Connection Fees 6% . ,25030 4. Testing and Inspection 3% 123636,250. 30 Subtotal 748,125.95 15 TOTAL PROJECT COST ESTIMATE 4,900,630.95 Project Schedule The schedule outlined below indicates a typical timeline for how the CVAG Animal Care Campus could be developed within a reasonable amount of time if funding is available for the entire project. If it is determined that the project should be phased over a number of years in separate increments, the timelines should be adjusted accordingly. The timeline includes planning and design process, bidding and award of contract process, construction period, and a facility move -in and commissioning process. v.M, # I_ 1001 1 2002 �©M Architect Selection _ Site Investigation/Surveys Architect Design and Construction Document Agency Review/Approval son Building Department A a! Bid and Award Contract 433 Facility Program and Conceptual Design Coachella Valley Association of Governments Animal Care Campus Project No. 00-216.01 February 2, 2001 Page 10 Conclusion This document was developed to provide planning guidance and direction for the development of the Coachella Valley Association of Governments Animal Care Campus. The document is only one of the first steps in a process that can result in an animal shelter that will provide much needed services for the Coachella Valley for many years. Understanding the importance of expenditures of public funds, hopefully this document will be the foundation of the design and construction of the new shelter. It should not be viewed as a rigid manual on how to design and construct the new shelter, but as a flexible guide document that can spark new ideas for the final design and construction of the new shelter. GMW:sd P0021600x3-prg 434 \2000\00216\i-SO\00216A21r.dw9 Fri Feb 02 14:28: 0 2001 (C) Copyright WLC Architects. Inc. d 00 _o O 4-4 b O ~ O CC3 • r+ a C .Cd o w U Cd U Cfj Cd Cd r4 Cd O U 43 :\2000\00216\1-SO\00216A21outdoors.dwg Fri Feb 02 14:25:03 2001 d 1t i i i (C) Copyright WLC�Arcchitects, Inc rO►� O b Q � O •O U cat U >, Cd Cld U C --q 43 Tiht 4 4 Q" COUNCIL/RDA MEETING DATE: ,July 3, 2001 Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-418, and a Request to Change the Zoning Designation to Low Density Residential and the General Plan Designation to Low Density Residential Within the Sphere of Influence of the City of La Quinta for Subsequent Annexation for Approximately 240 Acres, Bounded on the North by Avenue 52, on the East by Monroe Street, on the South by Avenue 53, and East of the Existing City Limits. Applicant: NRI, La Quinta Limited Partnership RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-418; Adopt a Resolution of the City Council approving General Plan Amendment 2001-077, subject to the findings. Move to take up Ordinance No. _ by title and number only and waive further reading. Move to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The subject property is currently located outside the City limits, but within the City's Sphere of Influence and located generally at the southwest corner of Monroe Street and Avenue 52. The applicant has requested annexation into the City of La Quinta. Prior to annexation, LAFCO requires that the General Plan designation and pre -zoning be established to City standards. 437 G:\WPD0CS\ccihAnnex.wpd Project Request The General Plan and Zoning designations proposed by the applicant are for Low Density Residential development. The requested land use and zoning designations are compatible with the surrounding development in the area which is characterized by single family residences around golf course development. Mrs. Waters, a property owner of the 40-acre parcel north west of Avenue 53 and Monroe Street, currently operates a grape vineyard. She has specifically indicated that she will continue her operation. Under current zoning regulations for the City of La Quinta, the property once annexed would be allowed to continue its operation forever or until the current, or future property owner chooses to discontinue the activity. A letter was submitted by Mrs. Waters' attorney, Robert Hargreaves of Best Best & Krieger, raising numerous issues with regard to rezoning and ultimate annexation (Attachment 1). Planning Commission Action The Planning Commission at their meeting of June 26, 2001 (Attachment 2), recommended approval of the Environmental Assessment, General Plan Amendment and Zone Change with the deletion of Mrs. Waters' property (APN 769-200-011). Public Notice These applications were advertised in the Desert Sun newspaper on June 11, 2001 . All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. To date, no comments have been received. Public Agency Review All written comments received are on file with the Community Development Department. Conclusion The proposed General Plan Amendment and Pre -annexation Zone Change are consistent with General Plan goals, policies and programs for a varied housing stock. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-418; and G A W PDOCS\ccjhAnnex. wpd Adopt a Resolution of the City Council approving General Plan Amendment 2001-077, subject to the findings; and Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. on first reading; or 2. Do not adopt Resolutions of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-418, approve General Plan Amendment 2001-077, and approve Zone Change 2001- 100; or 3. Provide staff with alternative direction. Respectfully submitted, Development Director Attachment: Approved for submission by: Thomas P. Genovese, City Manager 1 . Letter from Robert Hargreaves, Best Best & Krieger, dated June 26, 2001. 2. Planning Commission draft minutes for June 26, 2001. 439 G:\W PDOCS\ccjhAnnex. wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418 PREPARED FOR GENERAL PLAN AMENDMENT 2001-077, ZONE CHANGE 2001-100, AND ANNEXATION, ESTABLISHING PRE -ANNEXATION DESIGNATIONS FOR 240 ACRES ENVIRONMENTAL ASSESSMENT 2001-418 APPLICANT: NRI, LA QUINTA LIMITED PARTNERSHIP COUNTRY CLUB OF THE DESERT WHEREAS, the City Council of the City of La Quinta, California, did, on the 3rd day of July, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-418 for General Plan Amendment 2001-077, Zone Change 2001- 100, and annexation, for the property generally located at the southwest corner of Monroe Street and Avenue 52, more particularly described as follows: APN 767-200-002, 003, 004, 005, 007, 008, 009, AND 010 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 26th day of June, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-418 for General Plan Amendment 2001-077, Zone Change 2001-100, and annexation, for the property generally located at the southwest corner of Monroe Street and Avenue 52 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-418) and has determined that although the proposed General Plan Amendment 2001-077 and Zone Change 2001-100 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the conditions of approval and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, 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, findings, and reasons to justify certifying said Environmental Assessment: U04 G:\WPD0CS\CCResoCCDEACk1st.wpd 440 City Council Resolution 2001-_ Environmental Assessment 2001-418 NRI, La Quinta Limited Partnership - Country Club of the Desert Adopted: July 3, 2001 The proposed General Plan Amendment 2001-077 and Zone Change 2001-100 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2001-418. 2. The proposed General Plan Amendment 2001-077 and Zone Change 2001-011 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed General Plan Amendment 2001-077 and Zone Change 2001-100 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed General Plan Amendment 2001-077 and Zone Change 2001-100 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed General Plan Amendment 2001-077 and Zone Change 2001-100 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2001-418 and the Environmental Assessment reflects the independent judgement of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.51d►. G:\WPDOCS\CCResoCCDEACklst.wpd 441 City Council Resolution 2001- Environmental Assessment 2001-418 NRI, La Quinta Limited Partnership - Country Club of the Desert Adopted: July 3, 2001 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2001-418 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum attached hereto and on file in the Community Development Department. 3. That Environmental Assessment 2001-418 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: /e1R1-1111IF_1IN JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California 005 G:\WPDOCS\CCResoCCDEACklst.wpd 4 4 4 City Council Resolution 2001-_ Environmental Assessment 2001-418 NRI, La Quinta Limited Partnership - Country Club of the Desert Adopted: July 3, 2001 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California (JOB G:\WPDOCS\CCResoCCDEACklst.wpd 443 ENVIRONMENTAL CHECKLIST FORM 1. Project Title: General Plan Amendment 2001-077, Change of Zone 2001- 100, Pre -Annexation land use designation and zoning 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Jerry Herman, 760-777-7125 4. Project Location: Bounded on the north by Avenue 52, on the east by Monroe Street, on the south by Avenue 53, and east of the existing City limits. 5. Project Sponsor's Name and Address: NRI/LQLP 81-100 Avenue 53 La Quinta, CA 92253 6. General Plan Designation: Proposed: Low Density Residential 7. Zoning: Proposed: Low Density Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) General Plan Amendment and Change of Zone to assign land use and zoning designations for an annexation application to the City of La Quinta. The proposed designation is Low Density Residential. The current County General Plan designation is 2B 2-5 units per acre. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Developed polo grounds South: Approved golf and low density residential development, Country Club of the Desert West: Approved golf and low density residential development, Country Club of the Desert East: Vacant desert lands and agriculture 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Local Agency Formation Commission 007 C,:\ W PDOCS\EAChecklistCCAnnex. W PD 444 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Hazards and Hazardous Materials Agriculture Resources Hydrology and Water Quality Air Quality Land Use Planning Biological Resources Mineral Resources Cultural Resources Noise Geology and Soils Population and Housing Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. O I find that the proposed project MAY have a significant effect on the environment, and an X ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ature May 24, 2001 Date n O 008 G:\WPDOCS\EAChecklistCCAnnex.WPD 2 445 Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. g) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 009 G:\WPDOCS\EAChecklistCCAnnex.WPD 3 `3 Y A /� 6 Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X V1 X X X X G:\WPOOCS\EAChecklistCCAnnex.WPD 010 447 IV. u e) Create objectionable odors affecting a substantial number of people? (Project Description) BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, Exhibit 5-1) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment, p. 5-2 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (General Plan EIR, p. 4-77 ff.) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (General Plan EIR, p. 4-77 ff.) c) Disturb or destroy a unique paleontological resource or site? (Lakebed Delineation Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (General Plan EIR, p. 4-77 ff.) X X X X X X X ri /1 X 011. G:\WPDOCS\EAChecklistCCAnnex.WPD i VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4-30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) G:\WPDOCS\EAChecklistCCAnnex.WPD X X X X X X X X 012 X X X 449 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment p. 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR, page 4-30 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR, page 4-30 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-30 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) 91 /1 X PA X X X X X X X IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) I I I X G:\WPDOCS\EAChecklistCCAnnex.WPD U13 450 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR, page 4-157 ff.) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (General Plan EIR, page 4-157 ff.) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, page 4-157 ff.) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) X X X G� X R1 0 M 2 KI M G:\WPDOCS\EAChecklistCCAnnex.WPD 014 451 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, page 4-126 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, page 4-126 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (General Plan EIR, page 4-126 ff.) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, page 4-126 ff.) e) Result in inadequate emergency access? (Application Materials) X X X X X M ro 014 X X X X G:\WPDOCS\EAChecklistCCAnnex.WPD 015 452 f) Result in inadequate parking capacity? (Application Materials) X g) Conflict with adopted policies supporting alternative transportation X (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4- 24 ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, page 4-28) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSIS. X X X X X X ►.7 X F1 X G:\WPDOCS\EAChecklistCCAnnex.WPD 016 10 453 Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier FIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. The EIR for Country Club of the Desert (SCH #99061109) was used in the preparation of this checklist and addendum. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. City of La Quinta Municipal Code Draft and Final Environmental Impact Report, SCH No. 99061109, Country Club of the Desert, August 2000. G:\WPDOCS\EAChecklistCCAnnex.WPD 11 017 454 ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 2001-418 I. d) The proposed annexation will not result in an increase in light or glare in and of itself. Buildout of the parcel, however, will generate light, since the proposed project will occur on a currently vacant parcel. The land use designation to be placed on the parcel will result in low density residential units, which generate low levels of light. The project will be required to meet the City's standards for outdoor lighting, which will ensure that lighting is directed downward and contained within the site. These standards will mitigate the potential impacts of light and glare to a less than significant level. II. c) Portions of the annexation area have been in agriculture for some time. Annexation of the land, and the imposition of land use designations, will not impact the agricultural use of the land. In the long term, however, the land will be developed in low density residential land uses. This development will result in the loss of 240 acres of agriculture in the Valley. Currently there are two parcels (769-200-002 & 003) which are under the Williamson Act contract. The applicant has filed a Notice of Non -renewal for these parcels. These two parcels are isolated and surrounded by approved residential development, and does not represent a significant change in agricultural uses. The loss of this land will be less than significant. III. c) & d) The primary source of air pollution in the City is the automobile. Although annexation will not cause an increase in air emissions in and of itself, the buildout of the project will. The proposed land use designation for the project site is low density residential, 0-4 units per acre. At this density, a maximum of 960 single family residences would be possible. Based on calculations provided by the Institute of Traffic Engineers, 960 units could generate up to 9,187 trips per day'. As shown in the Table below, buildout of the annexation area will not exceed any SCAQMD thresholds. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 284.74 10.95 58.41 1.22 1.22 Daily Threshold* 550 75 100 150 Based on 9,187 trips/day and average trip length of 6 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project. Institute of Transportation Engineers, "Trip Generation, 6the Edition." Rate calculated for single family 018 residential, at 9.57 trips per day. 455 The Coachella Valley is a non -attainment area for PM10 (particulate matter of 10 microns or smaller). In order to control PM10, the City has imposed standards and requirements on development to control dust. Although no immediate project is proposed, the disturbance of the site for construction will eventually have an impact on air quality from PM10. These impacts can be mitigated by the mitigation measures below. 1 . No earth moving activity shall be undertaken without the review and approval of a PM10 Management Plan. The applicant shall submit same to the City Engineer for review and approval. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site. 6. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 7. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 8. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 9. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 10. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 11. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 019 G:\WPDOCS\EAAddCCAnnex.WPD 456 13. The project shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. 14. Bicycle racks and/or other mandated alternative transportation provisions shall be included in project design, in conformance with City ordinances in effect at the time of development. With the implementation of these mitigation measures, the impacts to air quality from buildout of the annexation area will not be significant. Moreover, improvements in technology which are likely to reduce impacts, particularly from motor vehicles or transit route improvements in the future are not included in the analysis. IV. a) The annexation area was previously studied for biological resourceS2. The biological analysis concluded that four types of habitat occur on the site: Desert Scrub, Agriculture, Pasture and Disturbed. No species of concern were identified in site surveys conducted specifically for Coachella Valley Fringe -toed Lizard, Palm Springs Ground Squirrel, Palm Springs Pocket Mouse and Flat Tailed Horned Lizard. The area was, however, identified as having mesquite hummocks, which provide important habitat for a number of desert species. The proposed annexation area includes several mesquite hummocks. In order to mitigate this potential impact, the following mitigation measures shall be implemented: 1. Prior to the issuance of grading permits, the project proponent(s) shall submit an on -site biological resource analysis identifying the total acreage of mesquite hummocks on the 240 acre site, or any portion thereof proposed for development. 2. Prior to construction or site preparation activities, the project proponent(s) shall enter into a Memorandum of Understanding (MOU) with the California Department of Fish and Game and an appropriate non- profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage the equivalent acreage identified in mitigation measure #1 of mesquite hummock habitat in the Willow Hole area. V. b) Annexation of the project site will not, in of itself, have an impact on cultural resources. Buildout of the site, however, could impact such resources. A z "Biological Assessment for the Country Club of the Desert Project," Michael Brandman Associates, May U 2 U 2000. G:\WPDOCS\EAAddCCAnnex.WPD 457 cultural resource survey was conducted for the subject property3. The survey found a number of resources in the area, but only very limited resources on the annexation area property. In order to ensure that buried resources are not lost if they occur, the following mitigation measure shall be implemented: 1 . A qualified archaeological monitor shall be present during all demolition, earth moving and grading activities. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to occupancy. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. The site is not subject to liquefaction'. In order to protect the City from hazards associated with groundshaking, the City has adopted the Uniform Building Code, and the associated construction requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans (please see below). This requirement will ensure that impacts from ground failure are reduced to a less than significant level. VI. b) & c) The subject property is subject to soil erosion due to wind. The City will impose requirements for a PM1O management plan, which will control this hazard (please see above). The soils on the property will also be examined through an on -site soil analysis required prior to issuance of grading permits. These requirements will reduce potential impacts to a less than significant level. Vill. b) All development adds to demand for groundwater. Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. At the time the site is developed, the project will be required to retain storm flows on -site, which will encourage percolation of storm water into the ground. The project proponent will also be required to implement the City's standards for water conserving plumbing fixtures. Finally, the proposed project will be required to meet the requirements of the City's water -conserving landscaping ordinance, which requires that projects demonstrate that landscaping plans are water -efficient. 3 a "A Phase I Cultural Resource Investigation of the Country Club of the Desert Project Area..." McKenna et. al., September 1999. "Draft Environmental Impact Report, Country Club of the Desert," SCH #99061109, Impact Sciences, Ap �rt� 2000. ll "' G:\WPDOCS\EAAddCCAnnex.WPD 458 These mitigation measures will reduce potential impacts to a less than significant level. VIII. c)-e) When the annexation area is developed, impermeable surfaces will be created, which will change drainage patterns in a rain event. Any project on the site will be required to meet the City's standards for retention of the 100 year storm on - site. This will control the amount of runoff which exits the site during a storm. The site's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. This will ensure that impacts to the City's flood control system are reduced to a less than significant level. IX. b) The County of Riverside currently has jurisdiction over the annexation area. The land use designation for the subject property under the County General Plan is 2B, which allows 2 to 5 units per acre. The City's proposed designation will therefore somewhat reduce this density, resulting in an overall reduction in impacts from development of the property. The character of the property will not be changed by the proposed action, insofar as residential development would be expected to occur on this site under either jurisdiction. Finally, the adjacent lands to the west are being developed in residential units in a low density, and the project site will provide a logical extension of this development. The impacts to land use are not expected to be significant. XI. a) b) & c) The noise environment in the annexation area is generally quiet, due to limited development and low traffic volumes. The ultimate development of the site will result in an increase in noise levels, particularly noise generated by automobiles. The proposed land use designation will result in residential land uses on the site, which are considered sensitive receptors. In order to ensure that these sensitive receptors are not subject to noise impacts, the following mitigation measure shall be implemented: 1. Any project on the subject property shall be required to complete a noise analysis which includes current conditions and anticipated buildout noise levels, and which includes mitigation measures to ensure that exterior and interior noise levels meet City standards in effect at that time. The analysis shall be reviewed and approved by the Community Development Department prior to issuance of building permits. XIII. a) Both annexation and construction of the subject property will result in potential impacts for both police and fire services. The property, once developed, will generate property tax. These taxes will contribute to the City's General Fund, and off -set the potential impact to police and fire service. The project will also be required to pay school fees, as required by law. The proposed project is not expected to have a significant impact on municipal services or facilities. - 02)2 G:\WPDOCS\EAAddCCAnnex.WPD 459 XV. a) & b) The ultimate development of the subject property will result in fewer trips than under the County General Plan designation, insofar as the City land use designation proposed does not allow as many residential units as does the County. Furthermore, the buildout of the project will result in improvements on both Avenue 52 and Monroe which will improve circulation in the area. The impact of buildout of the annexation area is not expected to be significant. XVI. b►-f) Although the annexation will have no impact on utilities, the ultimate buildout of the site will have an impact on utilities and public services. However, the overall impacts of the project on these services is not expected to be significant, insofar as these suppliers will charge the residents for their services, and provide improvements to these services as needed. In addition, connection fees will be required of the project proponent at construction of the project. These fees and charges will mitigate the potential impacts to a less than significant level. u23 G:\WPDOCS\EAAddCCAnnex.WPD -m RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO ASSIGN LOW DENSITY RESIDENTIAL DESIGNATION TO APPROXIMATELY 240 ACRES LOCATED GENERALLY AT THE SOUTHWEST CORNER OF MONROE STREET AND AVENUE 52 CASE NO.: GENERAL PLAN AMENDMENT 2001-077 APPLICANT: NRI LA QUINTA LIMITED PARTNERSHIP COUNTRY CLUB OF THE DESERT WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of July, 2001 hold a duly noticed Public Hearing for La Quinta Limited Partnership to review a General Plan Amendment to assign pre -annexation land use designation of Low Density Residential to approximately 240 acres, pending annexation to the City, located generally at the southwest corner of Monroe Street and Avenue 52, more particularly described as: APN 767-200-002, 003, 004, 005, 007, 008, 009, AND 010 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26" day of June, 2001 hold a duly noticed Public Hearing for La Quinta Limited Partnership to review a General Plan Amendment to assign pre -annexation land use designation of Low Density Residential to approximately 240 acres, pending annexation to the City, located generally at the southwest corner of Monroe Street and Avenue 52; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to recommend approval of said General Plan Amendment: 1 . The proposed project is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The General Plan Amendment will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The General Plan Amendment is compatible with the City's Zoning Ordinance in that it supports the development of a range of housing in an integrated community. u24 GAWPDOCS\CCResoCDDGPAAnnex.wpd 461 City Council Resolution 2001- General Plan Amendment 2001--077 NRI La Quinta Limited Partnership - Country Club of the Desert Adopted: July 3, 2001 4. The General Plan Amendment, to be effective upon annexation of the property, supports the orderly development of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that Environmental Assessment 2001-418 assessed the environmental concerns of the General Plan Amendment; and, 3. That it does approve General Plan Amendment 2001-077 as contained in Exhibit "A" attached hereto and made part of, for the reasons set forth in this Resolution effective upon annexation. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California u25 G:\W PDOCS\CCReS0CDDG PAAn nex.wpd 462 City Council Resolution 2001- General Plan Amendment 2001--077 NRI La Quinta Limited Partnership - Country Club of the Desert Adopted: July 3, 2001 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California U2)6 GAWPDOCS%CCResoCDDGPAAnnex.wpd 463 EXHIBIT A I 0 O N w .. Q F— Z W co W cr } F— Z W 0 J ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE, ASSIGNING LOW DENSITY RESIDENTIAL DESIGNATION TO APPROXIMATELY 240 ACRES LOCATED GENERALLY AT THE SOUTHWEST CORNER OF MONROE STREET AND AVENUE 52 CASE NO.: ZONE CHANGE 2001-100 APPLICANT: NRI LA QUINTA LIMITED PARTNERSHIP COUNTRY CLUB OF THE DESERT WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of July, 2001 hold a duly noticed Public Hearing for NRI La Quinta Limited Partnership for review of a Pre -Annexation Zone Change to allow the pre -zoning of approximately 240 acres, pending annexation to the City, located generally at the southwest corner of Monroe Street and Avenue 52, more particularly described as: APN's 767-200-002, 003, 004, 005, 007, 008, 009, AND 010 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of June, 2001 hold a duly noticed Public Hearing for NRI La Quinta Limited Partnership for review of a Pre -Annexation Zone Change to allow the pre -zoning of approximately 240 acres, pending annexation to the City, located generally at the southwest corner of Monroe Street and Avenue 52, and recommended approval; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said Zone Change: 1 . The proposed project is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The Zone Change will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The Zone Change is compatible with the City's Zoning Ordinance in that it supports the development of a range of housing in an integrated community. 4. The Zone Change, to be effective upon annexation of the property, supports the orderly development of the City. 028 G:\W P DOCS\OrdCCDZC 100.wpd 465 Ordinance No. _ Zone Change 2001-100 NRI La Quinta Limited Partnership - Country Club of the Desert Adopted: July 3, 2001 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case; SECTION 2. That it does hereby confirm the conclusion that Environmental Assessment 2001-418 assessed the environmental concerns of the Zone Change; and, SECTION 3. That it does approve Zone Change 2001-100 as contained in Exhibit "A" attached hereto and made part of, for the reasons set forth in this Ordinance effective upon annexation. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 029 G: \W PDOCS\O rdCC DZC 100.wpd M EXHIBIT A I T CV; W C'3 z Q 2 U W O N J Q z W 0 W IY H cn z W (A � I- O .� J } I F- T U ,00 030 467 JUA-26-2001 01:13pm From - ATTACHMENT #1 BEST BEST & KRIEGER t_1_P w E-_y_..•ORir�w un�s2G 4P6�Lfsv nwRT....-P v.......G PttOFESS[mPl COnrDriwTiOnS I.AWYr-RS ggs4 -P � �iYTLEwafl lM• R P-wOlfE• " nnRO T +nPER4Orv• 6nn P PnF Non -n+.LG T DCLG' L LRnrvT• a£OP4L n ry rGom .R nLiGDRv n+PPnc cv LY C LPRn nPP OwsP� ywwn• ...CnPC\. nn PE�aOn• [FouG.PC C Pn.n�1Ya 1L11 T, - ry Cson me"µ D.rvn L o�tidR flD a 4CFP= asp'Pn En P D6TScn n ROTISCnMCI FF n..E..ER niCnwCF C..n eRPuR x[uTf C. irnTh I' A B, DLPRwF...n oRmn LEw�- 2ETEfl nr Dxnnn'[nD �CfiREv V Dunry _TRvEn C PPOn.+n• P n w:r PFnneaE ROBERT E n..n AEPVCC CC�i^ pp..cEnw BEPCn +,Gene PRnti R n cnEuC DUC R.cn nCv.n RxnGP,.Pn= nnThu2AiTE SRCTR o P LC w inA W CPi s a,RFn- n c LPry OCRL[Th ..Onn P up P CERVPLnC P.ERG C Ox�- AGD w.GnT n. mOnTCPn Eo, P.CwobY £GGER wALG nmin•i wOPMi PD n ERRiFF w�u�-n PPOnn�n4 PR. .. 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June 26, 2001 Honorable Chairman and Commission Members Planning Commission, City of La Quinta 78-495 Calle Tampico La Quima, CA 92270 .n PQ- D1PGLG - D2Liv POCT OInCt nOani 3DOG Pn.m DLL CIiT C•..+YCA.nn 32]'= TLLC Pnc ,>no. 3oD 3C TCl[CGPiFrc ,ieG: 5cJ DGGO w=n.nn con. CnR,LTOPn CP � n4PEnTiA n�CnnFF n nnfiP�a- nnK s TP n.D i Z.Z-, nnCo D P n6aw.•. PE:PCRCF n�Rn w CvisT wrvP a n Fn,� RAEn p nPi.•F.R• RDDcwr� Dnni0. C cst'.EnaDn .ERSiDC .DPO G. C nDry P'IP c .i A! u anLBao n .Qc. ene .3DD PF,..I.. . , DEG e..P Re .Environmental Assessment 2001-418, General Plan Amendment 2001-077, and Zane Change 2001-100 Honorable Chairman and Members of the Commission This office represents William and Madeline Waters with respect to the above -referenced maser The Waters, through Romad Investments LP, own the 40 acre vineyard at the corner of Avenue 53 and Monroe that is a portion ofthe land subject to the proposed general plan amendment, zone change, and potential annexation The Waters have not requested that their property be part of the annexation, and unless their concems are addressed, will object to the re -zoning, general plan amendment, and annexation as a Threat to the continuance of their agricultural operation The Waters' property is classified as prime agricultural land and is currently cultivated in 40 acres of high quality table grapes, in which the Waters have made a substantial investment It is the desire of the Waters to continue commercial agncuitural operations on their land. It is our understanding that under the proposed zoning, The Waters vineyard would be "grandfathered" as a pre-existing;, non -conforming use The Waters would be able to continue the vineyard indefinitely, but would be unable to make any substantial changem the operation. New farm l!-VWu&a Wn,18a60Y 032 06-26-01 13:06 RECEIVED FROM: P-02 A 6 O Jun-26-2001 01:14am From- T-298 P 003/006 F-842 rmw OFFICES OF BEST BEST & KRIEGER LI-P Honorable Chairman and Commission Members City of La Quinta Planning Commission June 26, 2001 Page 2 related structures would not be permitted, nor would a change of crop, or possibly even a replanting of the existing grapes Even more troubling is the threat to the Waters' agricultural operation if residential development is permitted on adjoining property without the necessary measures to buffer the inherently incompatible land uses. Farming operations on the Waters' property generate impacts Typical of large scale farming operations Heavy machinery may operate at all hours of the day and night, as cultivation practices demand These operations generate significant levels of noise and dust Applications ofagricultural chemicals such as sulfur, herbicides and pesticides create inevitable strong Odors On particularly cold nights, helicopters maybe employed at low altitudes to stir up the air and prcvcnt freezing. Organic fertilizers may be employed that generate their own objectionable odors Workers travel to and from the property, and engage in work on the property, at all hours of the day and night, generating additional traffic and noise While the applicant of the proposed general plan amendment and re -zoning has not disclosed the nature ofthe contemplated development, it is our understanding that the applicant is the developer of the nearby Country Club of the Desert The intention appears to be to extend the Country Club of the Desert development into the annexation area. The likely outcome will be to line the borders of the Waters' vineyard with median density, country -club housing These residences would likely be marketed to retired seniors, who undoubtedly anticipate enjoying the peace, quiet and fresh air of the rural Coachella Valley The reality of living in close proximity to a large scale agricultural operation will not fir in with the lifestyles that the retirees anticipate Unless appropriate buffering and notice provisions are required of adjacent residential development, conflicts will inevitably arise between the Waters' agricultural operations and their new neighbors that will render agricultural operations more and more difficult Prime agricultural land is being lost to development nationwide at the alarming rate of 1,000,000 acres annually The loss of prime agricultural land, both in Riverside County and California as a whole, is of strong concern to policy makers at all levels of government In attempting to address this concern, the State of California has enabled Williamson Act Agricultural Preserves (Government Code § 51200 et sec.), Agricultural Protective Zoning (Government Code § 6647 4), and Right -to -Farm Laws (Civil Code § 3480, eA s� ) The Report of the California Commission on Local Governance for the 21 st Century strongly encourages all LAFCOs to adopt strong agricultural land protection policies. The Riverside County General Plan notes that agricultural production is the County's largest industry In order to arrest the decline ofproductive agricultural lands, the Riverside County General Plan provides that 033 06-26-01 13: 07 RECEIVED FROM: P•03 4 6 9 Jua-26-2001 01:15pm From- T-299 P.004/006 F-842 LAW OFFICES OF 13E5T REST & KRIEGER uuP Honorable Chairman and Commission Members City of La Quinta !Tanning Commission June 26, 2001 Page 3 ,'The county will encourage the retention and enhancement of existing productive agricultural lands by requiring compatible land uses adjacent to them In some cases, the protection of existing productive agricultural lands will require that proposed land uses near such agricultural lands provide buffer areas adjacent to agricultural areas to create a transition between agricultural uses and higher intensity development." (General Plan, p 378.) ,,The county shall utilize land use buffers between existing productivr agricultural lands and other, incompatible land uses. Buffer requirements will be established on a community basis and be reflective of the unique conditions that exist in that area " (General Plan, p 380 ) ,,Incompatible urban development adjacent to productive agricultural land shall be discouraged." (General Plan, p 384 ) "Buffer areas must be provided between existing productive agricultural land uses and other, incompatible land uses, when necessary " (General Plan, p 384.) The Waters will object to annexation into the City of La Quinta unless similar buffer -area requirements are imposed on adjoining development. The Coral Mountain Project was required to provide a 500 ft. buffer along its southern boundary to buffer residential development from an adjoining vineyard- The Waters respectfidly request that similar buffers be required for residential projects adjoining their vineyard Furthermore, they request that notice ofthe impacts of agricultural Operationsbe required to be given to potential purchasers of residences within one -quarter (1 /4) mile of the vineyard The CEQA documentation submitted To support the proposed re -zoning and general plan amendment is inadequate because it fails to acknowledge and address potential impacts of development that is contemplated by this application Neither the staff report nor the environmental assessment honestly describe the nature of contemplated project Both refer only to the re -zoning and general plan amendment Neither acknowledges that this is the first step in a process contemplated to result in the extension of the Country Club of the Desert project into the annexation area CEQA requires that The environmental impact analysis define the project as broadly as possible to incorporale The whole COnTemplaled ptojec[ Ci[izens Association for Sensible kXeijb+R Whf J H466i o 3 4 06-26-01 13: 07 RECEIVED FROM: P-04 470 Jua-26-2001 01:16pm From- T-298 P. 006/006 F-842 k-gw oFFiCES OF PFsT BFST & KRIFGER UP Honorable Chairman and Commission Members City of La Quinra Planning Commission June 26, 2001 Page 5 buffer be required from any adjoining residential uses; and that developers be required to give purchasers of residences within one -quaver (1/4) mile notice regarding the potential impacts of agricultural operations Robert W Hari of BFST BEST RWH dm cc William and Madeline Waters IWUB,KWM1r46L4 LLP u35 471 06-26-01 13: 09 RECEIVED FROM: P.06 ATTACHMENT #2 Planning Commission Minutes June 26, 2001 B. Environmental Assessment 2001-418 General Plan Amendment 2001- 077. and Zone Change 2001-100; a request of NRI, La Quinta Limited Partnership for certification of a Mitigated Negative Declaration of Environmental Impact, approval of a pre -annexation General Plan designation from County designation 2B to Low Density Residential and a Zone Change from County designation A-1-20 to L4'w Density Residential for the property bounded on the north l'y AvA,0EiUe 52, on the east by Monroe Street, on the south by;Avenuefon the east by the existing City limits. 1. Chairman Robbins opened the; public ,hearing aril s�L tQ1 he staff report. Community Deyploprent Director' JCy.=}Lerman presented the information coHlt� 4;, n the staff repoW h'copy of which is on file in the Commu6 00 plopment Department. I IA 2. Chairman Robbins asked If there were it,W, questions of staff. Commissioner Abels as#dtff to cor11111 tint the Ms. Waters would be able to mai&fu'hill =e�ncultu 1'operation as it now exists. Staff stated hat is 0Ql"I' I f =unles-iihe operation ceases to operate for over year. br1 that+i may not. If, however, the City adopts an Agricultural designtion and zones this property as Agriculturai, tften the use can u�rntinue forever. 3. Comrniseli ner Kirk eA d„whIt legal counsel's opinion on the letter recelvl',from Ms4i'attorney in regard to the City's CEQA dotrtiwltion and p'rtioess. City Attorney Kathy Jenson stated that rn read to the allegations that they would not be able to phange icr# P,, replant, that is obviously incorrect under the i, y's Zorlirlg':Code. With regard to the issue of a proposed residential development, at this time there is no residential project aPo"Jo ti4n. At such time as an application is received and is being pr,q,odSdr it would be appropriate at that time to formulate mitigation measures that would provide notice to prospective property owners in this location. At this time it would be premature. In regard to the Agricultural issues, it is her understanding there are no Williamson Act contracts according to the environmental documents. Community Development Director Jerry Herman clarified that since the environmental document had been prepared, it had been learned that two parcels did have the Williamson Act contract, but applications have been applied for, for non -renewal. This has to be completed before the property can be annexed. Commissioner Kirk asked how the Williamson Act applies here in regard to Ms. Waters property. Staff stated he did G:\WPDOCS\PC6-26-01 .wpd 4 036 472 Planning Commission Minutes June 26, 2001 not know if Ms. Waters property was under the Williamson Act. Commissioner Kirk asked if the statements in the letter in regard to the overdraft issue is it also not right. City Attorney Kathy Jenson stated that was correct. 4. Commissioner Butler stated that during the public hpti'hg process of the Country Club of the Desert, these issr wp& addressed at that time by Ms. Waters. Staff noted that;W14,6hithe Country Club of the Desert was approved b.Iouncii`' rl was'i;conditioned to: inform property owners of thls fe. There:. S rye 0911t ation on tllrs site and therefore there is no way of c ,gd`1tioni6'djt.J t1X15.tiM as this is only apre-zoning appllo .lon only. 5. Commissioner Tyler asked stall#;=i�k,ldeptify Ms. Waters parcel. Staff did so. Commissioner Tylei'' e#"!ff:,the action being taken by the Commission at this meeting would la -e any restrictions on her property in regard to,ha,she coult;,tlo. Staff stated that it had been the direottd� #1 tlt9;,: City Council to preserve the agricultural and eguestrian uerfaff te>drafting language to do this in the Gener�f Plan Vdateo 616t(aaissioner Tyler asked what would deter-"" the z4ning andrl1814& uses in the interim period. Staff stated;! ahis ptbannexa#ton zoning and General Plan designatiof =has no affect on lyts. Water's property until such time as LAFCO officially atlhex she property. These applications have to goj;o,ite Cityt4lkltkiifui public hearing. The applications are then; pl paced and sul M tted to LAFCO with the appropriate fees. JIMLAF X; 3,*fMally takes four to six months to process an application and at th el7d iof that time the zoning would be in place. This could take Ujatoi a year and a half before the overlay was in place. Obtil:that time; the only restriction on her property would be that shb :dtaUld not add or enlarge any agricultural buildings. The re5tWhit I units are not affected. If the Commission directed staff to: o so, staff could prepare an amendment to the Zoning Code in regard to nonconforming uses. Chairman Robbins asked if the City had any a agricultural zoning. Staff stated that at this time there is no such zoning, and therefore could not annex this property in with an agricultural zoning designation. Chairman Robbins stated his concern was that this property owner was being asked to go on faith that the City will do this. Is the entire area being considered for annexation under farming. Staff noted it is mostly sod farming, equestrian, or farming uses. Chairman Robbins noted that if the land is developed, the water usage would be the same whether it is being farmed or has residential uses. u37473 5 Planning Commission Minutes June 26, 2001 7. Commissioner Kirk asked if Ms. Water's property could be removed from the annexation area. Staff stated it could be done, but LAFCO prefers an annexation area to have squared off boundaries, but the final decision is up to LAFCO. Staff noted that if this property is left out of the annexation and decides at a later date to annex into the City, the property owner at that Time would be responsible for paying all the fees for the,anrteation. 8. Chairman Robbins asked if the applicant wo#tltl Ito address the el Commission. Ms. Nancy Aarditson, repreScnihhg;11, La Quirlta Limited Partnership, stated that they and Mr. 0'""' n $0% of the annexation area. They=currently do not have #1#hi for the site, but do expect their use to be=i�tkrppatible with any agricultural uses. 9. Commissioner Butler asked how the 60011tillnt could address the issues raised by Ms. Watery EiiMs. Aaron !,,l &fated she had briefly read the letter prepare' ater's attirney, but some of the issues sited as being uniquef 1#N ing;operation are very much mMM applicable to a course operatr:rt Tltiey run heavy equipment, gglf machinery, fertilizers, Workers etfmiitg and going, the application of chemicals, pesticidi6s, very refuch like a farming operation. In the event thity were=to develop this site with a golf course, they would be.sensitive tq.ahe agricultural operation. er Tyleristbted he is aware of the noise issues of a golf An close proximity to one. He asked Ms. Aaronson to NRJ:l was in regard to the Country Club of the Desert. thins"stated this is a third partnership with related iev are all affiliated. 11. Cheitim n Robbins asked if there was any other public comment. M$. Waters stated that she lives on a golf course and it is a different type of operations. Her operation involves a lot of machinery being operated during the middle of the night not just 5:00 or 6:00 in the morning. The chemicals they use are not the same as a golf course operation. In addition, she is concerned that they had to drill down an additional 700 feet to reach ground water as their water source had dried up. Therefore, she is concerned what will happen when the golf courses go in. Her concern is that the neighbors will eventually object to her farming use and she will have problems continuing her farming operation. She would suggest there be a 500-foot buffer between the two uses. She would like to be left out of the annexation. 038 G:\WPDOCS\PC6-26-Ol.wpd 6 474 Planning Commission Minutes June 26, 2001 12. Chairman Robbins stated the Country Club of the Desert will be using canal water which will have no affect on the ground water. They will have domestic wells for people uses. There are farmers who continue to use ground water for farming and this is one of the issues that need to be addressed. The overdraft of the water in this location of the Valley is due to the water for people to drink and for farmers who chose to use ground >nuaterj r farming. In the overall picture, the site is better off with 1epilential uses than farming. 13. Commissioner Butler explained°that pre�hnexattp.h cJgee npt tdke away Ms. Water's rights to farrh,: Ms, Waters stated hOr'ifcern is that when people do move `; X hey will be before the Council complaining about all the thingS.th& 511q, is required to do to farm her property. 14. Commissioner Tyler aska 1f Ms. Water'4:pq,YhG6rns were with the impact her farming apttlen S?uld havei bit the potential future residents. Ms. Waters , sta d&ya t pnd those issues raised in the letter written by;jter attorney, Ill.=i 1Wgraves. Commissioner Tyler stated that whether or pot she is hinexed, the project will be built, and the iss _0 she is:noncernedswith will still exist. 15. Ms. Gayle Cady, 82 83,1;;.A�t6nue 54, stated this is the first time she hs!heard any n1pRlrh'the possibility of an agricultural zone inof La Obinta. The parcel in question is in a prime equestrjan;all:well as agricultural area. She does not know if it is true or not,that;an agricultural use would use the same amount of v,,'ter as a -iabi ential use. Due to the location of this site next to tfhe t410 clubs and Desert Horse Circuit, we have the largest coYl Idtherate of horses west of the Mississippi. This needs to be takeii.iitto consideration because the smell of horse manure will .................. become an issue to these residents. She is also concerned about the noise ordinance which would not allow tractors to operate at 011 hours of the night. Community Development Director Jerry Herman stated that under City ordinances there are no ordinances regarding agricultural machinery. City Attorney Kathy Jenson stated there is a general noise ordinance in the Nuisance Section that says it is a nuisance for a person to make cause, or suffer, or permit to make unnecessary sounds which are physically annoying to persons of ordinary sensitivity, etc. There is a section that pertains to construction specific hours and days for construction noise, but the Code clearly anticipates that existing, nonconforming uses can continue in its intensity, so it is a good u39 argument that the Code would allow the existing levels of noise. GAWPDOCS\PC6-26-01.wpd 7 475 Planning Commission Minutes June 26, 2001 If there is an existing use that is established that may create nuisance effects, if there is residential development coming to that area, it will not be considered a nuisance because it is first in time. 16. Commissioner Tyler stated he was surprised to hear Ms. Cady state that this is the first time she has heard mention of an agricultural overlay. He has attended many tl'I the;;erinexation and General Plan hearings and at each rrleetinglt discussion has been to leave agricultural as it is where tt'is until filtey We to make the change. Staff noted this has been the Clty"':dre,ction since annexation first started. Ms, 'Cady stefied she.wrat dd,r ,at ng Chairman Robbins comment ditectl as she was hct e�MerLh of a specific zone for agriculture et'b4�1,k'. equestrian. In addition, the horse industry brings in approx�i'rrt W'l .$2 million dollars annually to the community. 17. Ms. Ellen Lloyd Trover,: S,2,,il50 Avenueil ; "'noted there is no equestrian overlay rlentadrier In;; the drdfTYPEIR prepared for the General Plan update: She d'p n at understand the agricultural overlay and she is a retired e t'It rhdy' and does have a little experience in reading legal docUrrrents. To her it is premature to define what th,else things say urgi'l they can see the final ordinance is writings- Therefore, she does not know what Ms. Waters would be able to do. It i6iihbr, understanding in listening to the time table explehied` by staffs `to :bring the annexation to LAFCO, but obWlty}r it is unkltdn what will happen during the hearings before `it tees to LAFCO, nor do they know the exact process - before APQ ;' r disputes that may delay it. Therefore, they are cc�#lsidenng an indefinite time that Ms. Waters may have to bp8rate under a system where we do not know whether or not she wou d. 3e,able to change her current operation should she need to modify 'them to continue her business. Also, we do not know exactly what the overlays will allow. She is concerned about the ground water use in the Valley. If this area is rezoned for Low 01ensity Residential then they are talking about at least a potential for four houses per acre. For Ms. Waters property that would mean four houses that would be using ground water which would be an increase in the demand for more ground water to be used than her one residence uses. She is aware that CVWD has a Water Management Plan, but as she understands it the EIR is not prepared yet. It is a multi -agency plan so who knows how long it will take to get all the agencies into conformity and agreement with this plan or how long it will take to get it adopted and what modifications may take place during the public hearings. If th(O40 G:\WPDOCS\PC6-26-Ol.wpd 8 476 Planning Commission Minutes June 26, 2001 plan remains as it is written today, it will be the year 2019 before we stabilize the ground water overdraft. She realizes this is not a huge project, but she does realize we have to start looking at every single project and assessing its impact on ground water, because we have to remember we live in the desert and without water we will have nothing here. She is unsure What she is objecting to except the "ifiness" of the proj8p#. 18. Commissioner Abels noted that the' City water uses. 19. There being no further p the public participation project for Commission 20. Commissioner Tyler stated probably beyond what can!; Chairman hearing 1 w iTir has been stated is time. 21. Commissioner Butler'statad" h Itnows CVWD has taken into consideration the in the Valley and are putting in ponds'that will regenea=eta''the sources. In considering the applicatib"figis that afe before tl7e Commission, he does not have as many Gt 0! Cerns p# a will when an application for development __ is brouoht'before the Commission. Commissioner Abels stated there will be many issues both pro and con in O0'Ofd to annexation and the Commission will have to come up. C-mmissione'r'Kirk stated one of the issues they are wrestling with ..........................:.. Is thOij$$O�se of "rightness" and a lot of the issues raised relate to whO#1 &;specific project is proposed. Ms. Water has shown a lot of„good sense by addressing this at an early stage. Some of her concerns cannot be addressed at this time in regard to conditions Which could mitigate those concerns, as there is no application before them for development. He reminded the Commission of another project that was considered by the Commission. There were different, conflicting land uses, but there the property owners of the Low Density Residential were given notice when they bought their property that there would be a condominium project with higher density next to them. They all received the notification and signed 'off on knowing it would be there. Yet, when that project came before the Commission, they protested the development of the project. Ms. Waters is right, the proposed Al G:\WPDOCS\PC6-26-01.wpd 9 477 Planning Commission Minutes June 26, 2001 project will be a wonderful project, and the people buying there will object to the equipment used in her farming operation. Therefore, he does agree that she has a right to be concerned. At the same time, he concurs with Commissioner Butler, development is going to occur whether or not it is in the City or County. There are three options before the Commission: 1) approye the request as proposed; 2) reject it; or 3) approvwiAhe request for the everything leaving out Ms. Waters property, Therefore, he would suggest that at this time they rt4bve Ms _:,property from the annexation area. He woul.� caution yls at#M.tbat there is an old saying about "being in the tent veTeus doln" M" q 1,,gOut of the tent". She may want to11i'ei:onsitCer this decl ion ° l ltrm his perspective he would rather be in the City addressing his :'neighbors rather than being in another iunsltih, When she has to come before the Council to request this project, she will be in the County rather than in the CiiV h i?eeds to make some strategic decisions She;l ►tiG rs the projedt tlVjjf be developed and should be looking at this€;in Ifittw ibest to approach it. 24. Chairman Robbibt stated he I of x s, 1 f of compassion for Ms. Waters, but what they dre consild'Offhg is an eventual annexation. An annexation: Fn and,,:Gf' itself dries not change the land use or any impact on. What is currently, fhere. He would agree that Ms. Waters would be better .ofj;as`part of the City rather than outside the City;limits. H# wrtuI F uggest they make a recommendation that th) Ity move fibi•ward with the annexation directing staff to start tkke:pfO_cess of putting the equestrian/agricultural zoning in Cid(bMissiondr' Butler asked staff if creating a new zoning would be eorntk ryao what they are trying to achieve. Ms. Waters wants to re0in Wer use and it has never been the City's desire to remove the use. Staff stated we do not have an agricultural zone or land use in General Plan or Zoning Code. In order to accomplish what Ms. Waters wants we would have to continue this public hearing and staff would have to create a land use designation and policy for agricultural. Staff would have to create a zoning text amendment for agricultural uses and then schedule those for public hearings before the Commission and City Council. This is the only way her property and use could be made conforming. The other option is to remove her from this annexation and address it when the other annexation is brought forward which may be as much as a year to two years away. Commissioner Butler asked if her 042 G:\WPDOCS\PC6-26-01.wpd 10 479 Planning Commission Minutes June 26, 2001 property was removed would it have any affect on the proposed annexation. Staff stated it would be submitted to LAFCO for their decision. 26. Chairman Robbins asked if Ms. Waters was the only property owner not included on the application. Staff stated that was correct. 27. Commissioner Abels asked stgffJFto`clanfj� uv t lwaras before the Commission. Staff explained that ,v at ,�1Qt s� before the Commission was preannexatlO n zoningfend 28. Commissioner Tyler stated that the City is not actively to those requesting to be a 29. There being no further Commissioners Kirk/ Resolution 2001-09( certification of a,;Mitig; Impact for Enyironn clarification- err` what- designatlpi and have:; LL fNT: None. has continualfi`eiterated iexation. We are reacting it wagm d and seconded by adopt ` F'Ianning Commission iendlnq` "to the City Council utthgclaration of Environmental estsment 2001-418, with the are within the Williamson Act :d to discontinue. Abels, Butler, Kirk, Tyler, and NOES: None. ABSTAIN: None. 'edIand seconded by Commissioners Kirk/Abets to adopt 1111- ommission Resolution 2001-091 recommending to the cil approval of General Plan Amendment 2001-077, the findings and the elimination of APN 767-200-011. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: None. 1. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2001-092 recommending to the City Council approval of Zone Change 2001-100, subject to the findings and the elimination of APN 767-200-011. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: None. 043 v 11 479 JUL-2-2001 04:12P FROM: T0:97771233 ,,/I�� P:111 ILaC-DA" 7131ot La Quinta Land Partners July 2, 2001 Jerry Herman Director of Community Development City of La Quinta 78495 Calle Tampico La Quinta, CA 92253-1504 CI(`i `�F DEPAR MEN` pi ANNING Re: NRI-LQLP Land, LLC Pre -Zoning Hearing — 240 Acre Annexation to the City of La Quinta Dear Jerry: Per our conversation, we believe it to be in the interest of all parties concerned to continue the above itern, scheduled for the City Council on July 3`d , to instead be heard at the City Council meeting of July 17, 2001. Thank you. Sincerely, Nancy nso President; L inta Land Partners F.Q, gox 1540 La Quint., CA 92253 760-391-5200 rax 760-391-521 I N7-02-01 16:02 RECEIVED FROM: BEST BEST & KRIEGER LLP R.� nl�lol A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS ARTM UR L. LITTLEWORTM- WILLIAM R. OEWOLFE• RICMARD T. ANDERSON• JOMN D. WAMLM- JOMN E. BROWN MICMAELT RIOOELL• MICMAEL ORANT• FRANC I5 J. SAUM• OEORGC M. REYES• WILLIAM W. FLOYD. JR. GREGORY L. CAPONE KENDALL K. MACVEY CLARK M. ALSOP DAVID J. ERWIN• MICMAEL J. ANDELSON• DOUGLAS 5. PMILLIPS• OR EGO RY K. WILKINSON GENE TANAKA VICTOR L WOLF DANIEL E. OLIVIER HOWARD B. GOLDS STEPHEN P. DEITSCM JOHN R. ROTSCMAEFER MARTIN A. MUELLER J. MICKAEL SUMMEROUR SCOTTC. SMITH JACK B. CLARKE.JR. BRIAN M. LEWIS. BRADLEY E. NEUFELD PETER M. BARMACK JEFFREY V. DUNN STEVEN C. DKBAUN• ERIC L. GARNER' DENNIS M. COTA P. F. PEARCE ROBERT W. HARGREAVES C. MICMAEL COWETT BRUCE W. BEACH AR LENE PRATE. MARK A, EASTER MICHELLE OUELLETTE KEVIN K. RANDOLPH CYNTNIA M. OERMANO MARGUERITE S. STRAND KYLE A. SNOW JAMES B. GILPIN KIM A. BYRENS DEAN DEAL ETN SONIA RUBIO CARVALHO JOHN O. PINKN EY PIERO C. DALLARDA DWIGHT M. MONTGOMERY RICMARD T. EGGER FRANKLIN C. ADAMS WILLIAM WOOD MERRILL WILLIAM O. OAKLING. JR. •A PROFESSIONAL CORPORATION Honorable Mayor and Members of City Council City of La Quinta 78-495 Calle Tampico La Quinta, CA 92270 BERNIE L. WILLIAMSON G. HENRY WELLES DAVID J. HANCOCK NAYLEY E. PETERSON ROGER K. CRAWFORD S HAWN 0. MAGERTY JAMES P. ORRIS KEVIN T. COLLI N5 ( DAVID W. EWMAN JENNIFER T. BUCKMAN MARIA E. GLESS GLEN W. PRICE MARYMICKAEL MCLE00 JAMES R. TOUCHSTONE STEVEN M. ANDEPSON ROBERT L. PATTERSON BRYAN K. BENARD JAMEE L. RAYMOND PAULA C. P. P[ SOUSA LYSA M. SALTZMAN MARCO A. MARTINE. JOHN F. WALSH JEFFRY F. FERRE DORINE LAWRENCE-MUGHES ALISON D. ALPERT KRISHAN S. CHORRA JAMES C. TURNEY MICMAEL O. DOLIDA r-, l.-_1VED KAREN M. FREEMAN'. JOHN D. KI OOINBOTNAfI: y MALATMY SUBRAMANIAN USI MESKRCKY CRAIG M. MARSNALL JEFFREY 5. BALLINgh ''V M. TMERESA TOLEMTWGI THE REBA F. ANTpRL�F••} �" h MELISSA W. WOO L E. SEAN ARTMER TRANO T. TRAN CARMEN MARTINEZ OE ..ABA TRACIE PNAM JASON C, GLESS WILLIAM J. PRIEST DANIEL S. ROBERTS MARY BETM COBURN LI ND$EY A. COTTAM DANIELLE E. GERBER CHRISTINA A. HENRY ELISE L. CMENG NRISTN C. VARNER TAM B. TRAM DANIEL E. KATZ 79-760 HIGHWAY 1 11, SUITE 200 1 INDIAIN WELLS. CALIFORNIA 92Z10 - y POt!rT OR KE BOX 13650 PALM DSEU E'ALIFORNI4 9225E TELEP NONE FJOOI 56B-261 1 - ! �TELECOPIER (760) 340-6696 _ L u J; r BpKLAW. CO. CIIRF��9F�COUNSEL IOPQR L. CARPENTER MICMAEL O. MARRIS• ANNE T, THOMAS DONALD F. ZIMMER• CHRISTINA L. DYER D. BRIAN REIDER KIRK W. SMITM DINA O. MARRIS WARREN B. OIVEN ROSERTJ. MANNA DANIEL G. STEVENSON RAYMOND BEST 11 BBB-1957) JAMES N. KRIEOER <1913-1975) EUGENE BEST 11593 1...I July 3, 2001 OFFICES IN RIVERSIDE (909) 686.1 450 ONTARIO (909) 969.6584 SAN DIEGO (619) S26.1300 ORANGE (T 19) 939-6940 Re: Environmental Assessment 2001-418, General Plan Amendment 2001-077, and Zone Change 2001-100 Honorable Mayor and Members of the City Council: This letter is in addition to my letter of June 26, 2001 which I understand has been provided to you as part of the Council Agenda packet. In the interest of brevity, I will not repeat the information in the letter, but add the following additional information in opposition to the proposed environmental assessment, general plan amendment, and zone change. I. The Proposed Annexation is Incompatible With Continuation of Commercial Agricultural Operations Due to concerns regarding the impact of annexation into the City on their ongoing agricultural operations, the Waters request that their property not be included within the annexation area. Until such time as the City ofLa Quinta develops agricultural zoning and policies and standards to preserve the integrity of agricultural operations, the Waters feel that their vineyard is best left in the County, where such uses are welcome and protected. P WUB,R%H)184958 481 LAW OFFICES OF BEST BEST & KRIEGER LLP Honorable Mayor and Members of City Council July 3, 2001 Page 2 Additionally, the Waters request that if the annexation of the remaining property is to go forward, that a 500 foot buffer be required between residential housing developments and ongoing commercial agricultural operations, and that residential owners within one -quarter mile be given notice of the agricultural operations. As Ms. Waters testified before the Planning Commission, commercial agricultural operations are incompatible with residential uses. The use of heavy machinery and helicopters at all hours of the day and night, commercial pesticides, organic fertilizers, and bird bombs will undoubtedly be a source of constant irritation to neighboring seniors. If adequate buffers and notices are not provided, conflicts between neighbors will inevitably arise. The City cannot in good conscience, or as a matter of good planning, allow residential neighborhoods to be developed immediately adjacent to the commercial agricultural operations. II. The Environmental Assessment and Proposed Negative Declaration Fail to Acknowledge Significant Impacts As noted in my June 26' letter, the CEQA documentation prepared to support the application is inadequate because it fails to fully acknowledge and address the cumulative impacts of the proposed project and current and likely future projects. 1. Loss Of Agricultural Land Is A Significant Impact. The checklist incorporated into Environmental Assessment 2001-418, with respect to agricultural resources, states: "a. Convert prime farmland, unique farmland, No impact. or farmland of statewide importance (farmland) to non-agricultural use? b. Conflict with existing zoning for No impacat. agricultural use, or a Williamson Act contract? c. Involve other changes in the existing Less than significant impact environment which, due to their location or nature, could individually or cumulatively result in loss of farmland to non-agricultural use?" The addendum for the environmental assessment states: " II.(c) Portions of the annexation area have been in agriculture for sometime. Annexation of the land, and the imposition of land use designations, will not impact the agricultural use of the land. In the RMPUBIRWIiU84958 482 LAW OFFICES OF BEST BEST S KRIEGER LLP Honorable Mayor and Members of City Council July 3, 2001 Page 3 long term, however, the land will be developed in low density residential land uses. This development will result in the loss of 240 acres of agriculture in the Valley. The land is not currently under Williamson Act contract, and as an isolated parcel surrounded by approved residential development, does not represent a significant agricultural parcel. The loss of this land will be less than significant." To the contrary, preservation of prime agricultural land is an important concern of the State of California and the County of Riverside. Nevertheless, the environmental assessment dismisses the loss of 240 acres as "insignificant". Furthermore, it became clear during the Planning Commission hearing that a substantial part of the annexation is subject to Williamson Act contract. The loss of these lands cannot be considered "insignificant". The City of La Quinta has no policies regarding agricultural preservation, no agricultural zoning, and no standards for mitigating land use incompatibilities between agricultural and residential uses. Unless the City plans in a comprehensive manner for agricultural preservation, it will become increasingly difficult to continue agricultural operations within the City, and loss of prime farmland will become inevitable. This cumulative impact cannot be considered "insignificant". 2. The Project Will Negatively Impact Groundwater Resources. With respect to hydrology and water quality, the checklist states: "b. Substantially deplete groundwater Less than significant impact. supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table. (i.e., the production rate of pre-existing nearby wells that drop to a level which would not support existing land uses or planned uses for which permits have been granted.)." The addendum acknowledges that "all development adds to demand for groundwater". However, as the project will be required to meet the City's water -conservation standards, the EA concludes that "these mitigation measures will reduce potential impacts to a less than significant level". Once again, the assessment fails to view the issues in the larger context of cumulative impacts. Residential development of the annexation area will inevitably place an additional burden on the h LAW OFFICES OF BEST BEST & KRIEGER LLP Honorable Mayor and Members of City Council July 3, 2001 Page 4 overdrafted water table. Under current standards, residential uses are served by water pumped from ground water. The engineering firm for the nearby Coral Mountain Project analyzed the water supply demands of that project, which is a country club/residential development similar in nature to what can be anticipated in the annexed area. They calculated that the development would contribute an additional average demand of 1.8 acre feet per acre per year on the groundwater. (See PACE letter dated June 7, 20001, attached as Exhibit "1 "). Assuming that the proposal now before the City ultimately generates a similar demand, there would be an additional demand of 430 acre feet (1.8 x 240) on the groundwater. Assuming an average porosity of 25%, the water table in the vicinity could drop an additional 7 feet per year. That additional demand, when added to the additional demands imposed by other approved and projected projects, will have a significant impact on the groundwater basin. Both Mrs. Waters, and other neighboring properties, have reported that the water levels in their wells have been dropping for years. The draft Coachella Valley Water Management Plan (which is available at www.cvwd.org) states that groundwater demand in the lower valley currently exceeds recharge by 41,700 acre feet per year (page 3-17), and that groundwater levels have decreased 60 feet or more in some parts of the lower valley (page 2). (See also CVWD Annual Review 2000, excerpt attached as Exhibit "2", regarding the overdraft.) The draft Water Management Plan states that "it is clear that the continued decline of groundwater levels is unacceptable" (page 2-3). The draft Plan notes that "the continued overdraft will have serious consequences for the Coachella Valley". Short term impacts include increased groundwater pumping costs, and the cost of deepening wells and installing larger pumps. "Continued decline of groundwater levels could result in a substantial and possibly irreversible degradation of water quality in the groundwater basins" (page 1-2). Areas of the lower Coachella Valley are already experiencing subsidence caused by excessive groundwater pumping. The dropping of the water level in the aquifer can cause compaction such that the capacity of the aquifer is diminished. Even if additional water becomes available, the ability of the aquifer to store water will be diminished. The draft Water Management Plan notes that the Coachella Valley does not currently have water rights to imported water sufficient to satisfy its current and future demands. While CVWD has done an outstanding job in attempting to acquire additional sources, those efforts have not yet reached fiuition. The ability of the Coachella Valley to acquire the needed additional sources of water imports is not assured as water situation in California becomes evermore critical, with urban, agriculture and the environment competing for additional sources at the same time that the State is RWUB\RWHf184958 484 LAW OFFICES OF BEST BEST S KRIEGER LLP Honorable Mayor and Members of City Council July 3, 2001 Page 5 under directive from the Secretary of Interior to reduce its use of Colorado River Water by nearly 1,000,000 acre feet annually. Even if CVWD is able to acquire the necessary additional supplies, it is not clear that the aquifer underlying the lower valley can be successfully recharged. As noted in the draft Management Plan, "the maximum amount of potential recharge in the lower valley is not known at this time" (page 5-15). With the approval of this project, and other similar projects, the current overdraft of the groundwater will be exacerbated. Water levels in wells will drop faster. The long term damage to the aquifer is unknown, and the ability to acquire resources to recharge the aquifer is uncertain. Consequently, the incremental increase on groundwater overdraft caused by the proposed project cannot be considered "less than significant.". 3. Traffic Impacts Are Not Acknowledged. With respect to traffic generation, the environmental assessment notes: "The ultimate development of the subject property will result in fewer trips than under the County General Plan Designation, insofar as the City Land Use Designation proposed does not allow as many residential units as does the County. Furthermore, the build -out ofthe project will result in improvements on both Avenue 52 and Monroe which will improve circulation in the area. The impact of build -out of the annexation area is not expected to be significant." The assessment once again fails to acknowledge the true impact. The land is currently in agriculture. The proposed general plan amendment, zoning and annexation is intended to facilitate residential development. That residential development will undoubtedly generate more traffic than the current open space, sod farm, and vineyard that currently occupy the area. The magnitude of that impact needs to be evaluated. That impact, in conjunction with anticipated projects in the vicinity, will undoubtedly be significant unless mitigated. 4. Cumulative Impacts Are Not Addressed. In Section VII, Mandatory Findings of Significance, the checklist provides: %. Does the project have impacts that are Less than significant. individually limited, but cumulatively considerable ("cumulatively, considerable" means that incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)?" ow LAW OFFICES OF BEST BEST & KRIEGER LLP Honorable Mayor and Members of City Council July 3, 2001 Page 6 The City of La Quinta is one of the fastest growing cities in the nation. In the last few years, the City and County have approved a number of developments on the eastern boundary of the City that encroach into established agricultural areas, including Country Club of the Desert, Citrus, Plantation, Norman Course, Travertine, Quarry, Khol Ranch, etc. Thousands of additional housing units have already been approved within several miles of the proposed project, and thousands more will likely be approved in the future. As noted above, the residential development facilitated by the current project will have negative impacts on prime farmland, groundwater overdraft, and traffic. Each additional project imposes additional impacts on these scarce and precious resources. The cumulative impact ofthese projects on the preservation of agricultural land and the groundwater basin have not been assessed. Both the City ofLa Quinta and the County of Riverside are currently undergoing general plan update processes. The City of La Quinta has announced its intention to plan the entire area along its eastern boundary as far east as the Khol Ranch. The County is also updating its plan for this area. Before any additional developments are approved in this area, it makes sense that the issues of agricultural preservation and groundwater protection are studied in a comprehensive manner so that the cumulative impacts can be assessed, alternatives considered and mitigation strategies developed. 5. Mitigation Measures Are Not Implemented. The Environmental Assessment finds that the proposed project will cause significant impacts on biological resources, cultural resources, geology and soils, and noise, unless mitigated. The attached addendum specifies a number of mitigation measures. Staff proposes the adoption of a Mitigated Negative Declaration. However, there does not appear to be any mechanism specified for implementing the proposed mitigation measures. As there is no specific project proposed at this time, there is no project on which to impose the proposed conditions. Neither the general plan amendment nor the zone change are conditioned on implementation of any of the mitigation measures (which would likely be inappropriate in any case). Consequently, there is no effective way to effectuate the mitigation measures, and adoption of a mitigated negative declaration is inappropriate. III. Conclusion The Environmental Assessment assumes that residential development of the annexation property is inevitable and that the incremental loss of farmland is not significant. This will become a self-fulfilling prophecy. If affirmative steps are not taken to protect agricultural uses, farms and equestrian uses will be forced from the area. If La Quinta intends to develop in a manner that is consistent with preserving farm and equestrian uses for property owners that want to continue to pursue those uses, which uses in the past have contributed significantly both to the local economy and the desert quality of life, then appropriate planning needs to occur now. RMPUH\R V;ff 184958 486 LAW OFFICES OF BEST BEST & KRIEGER LLP Honorable Mayor and Members of City Council July 3, 2001 Page 7 In order to protect the Waters vineyard, the Waters respectfully request that their property not be included within the annexation area, and that appropriate buffer and notice mitigation measures be imposed to offset the inevitable land use incompatibility. RWH:dm cc: William and Madeline Waters RWUBUtWHU84958 487 "ROM : BEVERLY_HILLS_MEDICAL_PLAZA FAX NO. : 3106578662 00!13/2001 12:38 FAX 760 3983871 Ellen Lloaa 'Prover e- s-cl; s:a7or�: vscs Jun. 28 2001 01:37PM P2 qu UUU ;7.4e+e4va2 z' JR��S- gs^=gpjo IiaoVANCED OML ENOINEEAINO. IIIIG. 17902 GEOR�N�a3873aN:N FAX: 4-soa�tlo FUFINtA cne47 Juror 7,2001 Mr. Dave Twcdt Sher, Eaton for Aegve Adults 414Sd8 boardwalk, 8W 111 Palm Do art, CA 92211 Set coral Mouoraiarfrilosy a<La Qvk to Project lt73298P Tract M30023 Reapooae to Plaanbtg Commiasioa CooNTMtNo. I RegatdiagWasarResom m Dear Mr. Twedt We have reviewed the Prropoaod pmjact wets: demands and pMatsd The f Dowia6 eaae:tarptivs neat analycty Parable Water Domsadr (Flom AgaKer) 1,203 single Famay votive A"Roos d1wo �m'e Pon of Chrbhoass, Amon Y Cseter and Misc. Veer Total — y,= Single Family Units (st 2AS gallons per day pN Unit) ANNUAL DIC AM'. 391 FPETPOTAKS WATM r4a&roteble Aearnds (From C.A.P ) . Golf sotuae & Lmdssape Istialson 1 I t acres net aegnieio8 waudon 75 games not miseellwomw laudv-W irrigation Twat— 185 terns (at 90 inches per year) ANNUAL DEA AND: 1,341 ACRE FZrr NON4043TABL2 WA'1T$ Exhibit 488 'ROM : HEVERLY_HILLS—MEDICRL_PLRZR FAX NO. : 3106578662 Sun. 28 2001 01:37PtlM P3 oer13/2001 12:56 FAI 700 3983071 Eller, LloYd Troves Mr. Dery Twedt Jane 7, 2o01 Trilogy at La Qainta Page 2 of 2 As ludiceded above said es shown on toe maehad grtpha project aoatal water damaad from the aquifer is 391 aare feet sad will are 1,301 erne fast of CAB. tam for arigsy0n wad non -potable uses. We Dave reviewed the Mash 27, 2001 letter from CAD te My- Do Pak regarding the Districts e+Pachy to supply water to the proposed Project, and a stated in the IdtM -we an catmint that thaw it a orclarrt noly ofwam. to ddr agai* to mccessandare 16it si ers/epsteer mtd the rm of the VaAeyfor +�YYearr. • -- C IWD has prepared a draft Ground Water Managemms Plante dirnt and adWnleff WOMWwwr and surface water mate for oohing and future water demands within dw VW*. 'Put of this plan provides ns. for cKisting and for Pmater ��� on�ma p h, techniques, SriloSad w at IA 0u1ota WQj= sucb as: 1. Dlarimiae use of CAP. vAdcr for irrigift: • In whim to** use of CAP. watcrior h4stio0 oftbe proposed golf eataee, *9 project will irrigate common ama, roadwW and singtefwnily residence front yard laadrAPI 6 with C.A.P. water. 2. Calf Course turf ama limitation and use of native view Mel vegetalion in golf course and other (roadway medians. common areas and residences) landscaped areas- 3. Use of wow eenserving Plumbing fi Rum (shower heads, toilets. eta.). In addition m cm forming to the CVWD Wsrc M®agamaat Plan via the above water conmvhtg muirements, the proposed project will- require lass potable wanes d m a conventions' eon.gp restricted coninmity by virtue of the Caotoa jW# resldants. 1- Smalier residences (approaam wly 2,D00 to 2,200 square foot homes) with £bwor plumbing £tastes than conveadwil non -age restricted Commmities. 2. Reduced per residence potable water dentaad based upon the smaller per capita fmdly unit esdrns" of 1.9 people per home. We wt11 continue cut review efforts and prownt additional 8n&W Ar the June 20, 2001 hearing sod make aumehee available for questions And Clarifications at dtst time. PAcCWC ADVANCKD CIVIL BNGDME WG, INC. Mark L Krebs, PX. Prasideot Agxmm Misr No.049292 Era a-;d_Qy' End nest aslvelLern>'slOwu Twedr d► fry-ot.aoc Ji:_ CN1t /� 'ROM : BEVERLY_H I LLS_MED I CAL_PLAZA FAX NO. : 3106578662 Jun. 28 2001 014 Uij M P4 08/13/2o9l 12:37 F.AS 760 3983971 Ellen Lloyd Trover ;�•, apFi40YY s ar 6 tati alma dedatad (novmtar) Iowa . :. _ °h4S6iaaef housIngdavalopment non -housing arty 203.2 meta potobb supply uribjun;b Z4aAlmera nn arm IN nonm!unR s '.750i 11 of units adjusted 20 units tat adN9lad unity l228 total potable use 391 AFyr pobbla uadunit aroa 1.8 AFAterefy► nonspoiable supply _ lrriyatian rate = 00 s ... . (Inotteeltir) of Gaul" turf area ?.Waves addttbrtfi OW lftdOm area , 7b;aGref 4usud GG GWMO a� s aces lavin area 0 aces tlrastlandampinq Blames additional :_...... ...:...::.....: Oi MGM total nes.petabls use 1391 AF/yr non-ls/unit era d.7 AFlacreNr 4,90 -ROM : BEVERLY_HILLS_MEDICAL_PLAZA Oe 1J/2001 12:98 FAr 700 3993971 e- _-0+: e?Oavm;o^ce FAX NO. : 3106578662 Jun. 28 2001 01:38PM P5 Ellen Lloyd Tracer Icjuue j"RIA-wo ' 491 -ROM : BEVERLY_HILLS_MEDICAL_PLRZA 08/1J'2001 12:69 FAX 760 3963071 e- 7-oi,: 3:a3pu:a.cc FAX NO. : 3106578662 Jun. 28 2001 01:39PM P6 Ellen Llo7d ?rover C009 ;7>46484922 a h/ 9 LI L g c 49in For a century Coachella Valley residents have understood the need to manage limited water supplies Managing water for our future —it's time to tweak the system wisely to protect their lands for future generations. Professional water users — primarily farmers at first but later golf course managers and urban developers — recognized the need to monitor, protect and supple- ment groundwater supplies. They watched wells drop as Coachella crops began to feed the world and recover after they worked 30 years to bring Colorado River water to the area. befining water jargon Overdraft: Ground- water extraction in excess of inflow to the groundwa- ter basin over a period of time. Acre-foot: Volume of water if one acre of land was covered with one foot of water — 325,000 gallons. Upper valley: Area westerly of Wash- ington Street. Lower valley: Area easterly of Wash- ington Street. They watched ground- water levels drop as the valley developed into a winter residential and recre- ational area for the world and they saw those declines greatly reduced as imported water began supplementing natural flows in the White - water River and percolated into the ground. Implementation of microirrigation techniques and computerized water management programs by farmers and urban irrigators together with aggressive rec- lamation and reuse of waste- water, computerized man- agement of distribution systems and use of other cut- ting edge conservation techniques have attracted engineers from throughout the world to study Coachella Valley facilities. More important — these actions have allowed the valley's water supplies to meet growth resulting from city and county planning decisions. To assure that we continue to meet those demands without causing significant environmental damage we must periodically adjust water manage- ment actions. The proposed Coachella Valley Water Management Plan consists of many small to modest tweaks to improve conservation and increase importa- tion to get us through the next 35 years while we plan for changes that may be necessary then. Page 12 Are we running out of water? 404 Without a management plan, we will but the time frame is measured in centuries. There is no question, however, that environmental damage will occur long before we go thirsty. Are major California cities running out of water? Not if they keep their imported water pipelines flowing. If their pipelines fail, their water supply is limited to days —not centuries. They have no on -site storage to match Coachella Valley's aquifer. We have always had to aggressively manage the valley's limited water supplies but the storage capacity of our aquifer has granted us the luxury of time to plan and develop new and improved sources, the basics of which are conservation, reuse and importation. What does the plan do? In 1999, Coachella Valley suffered an overdraft of 136,000 acre-feet of water-32,000 from the upper valley and 104,000 from the lower valley. Generally speak- ing, an acre of developed desert land —in houses, agricul- ture, golf courses or lakes — requires about 6 acre-feet of water per year. It was this overdraft trend that led, sev- eral years earlier, to work on a new water management plan. The proposed Coachella Valley Water Management Plan provides a comprehen- sive framework that assures adequate quantities of safe, high quality water for the entire valley for the next 35 years. At that point, future water leaders can be expected to again tweak the system to account for new technology, development trends and supply availability then. This plan will reverse today's declining groundwater levels. The current reduction in groundwater storage brings with it the threats of decreas- ing water quality, land subsid- ence and increased costs. Coachella Valley Water District began development of this plan in 1993 by contract- ing with a team at the Uni- versity of California at Davis for development of a computerized groundwater model that would develop detailed information of future water needs based on the history of water use and availability. This model was completed in1998. Actual formulation of the plan and environmental review process began in 1994. Nearly complete in 1999, the plan and environmental impact report were revised to conform with projected water availability after broad points of negotiations concerning Colo- rado River use were completed. Charts show current water sources. Note that the Coachella Canal delivers an average of nearly 300,000 acre-feet annually to the lower valley while the valley's State Water Project entitlement (yellow line) is a little more than 60,000 acre-feet. Major changes in State Page 13 49� Water Project deliveries from year to year reflect an exchange agreement with Metropolitan Water District. It allows delivery to the Coachella Valley groundwater basin of excess flows during wet years and little or no water during dry years when all surface water is needed on the coastal plain. Then Coachella Valley relies on the "banked" groundwater delivered in wet years. Accompanying charts show groundwater decline in selected wells throughout the valley. Red shows actual decline. Projected continuation of that decline —if the water management plan is not imple- mented —is in yellow. Water levels will continue to decline if the over- draft problem isn't addressed. There will be a perma- nent loss of storage capacity as the land compresses on the declining aquifer. This also creates the potential for surface subsidence. The potential for water quality degradation increases. What is the process? Many alternatives were considered in drafting the plan. These were combined and reduced to four pro- posals —no project, pumping restrictions, demand man- agement and a combination plan. The no project alter- native is just that —do noth- ing and suffer the conse- quences —a required alterna- tive of the environmental review process. The pumping restric- tions alternative would require court -ordered restric- tions on groundwater extrac- tion —reducing water extrac- tion to balance water replen- ishment. To accomplish this it is estimated well owners in the upper valley would have to reduce their use by about 35 percent while well users in the lower valley would be cut back by 70 percent. The demand manage- ment alternative would keep imported supplies near cur- rent levels and require exten- sive expansion of conservation and reuse. The combination alternative includes three basic water management elements: conservation, source substitution (replacing use of groundwater with use of canal water, for instance) and groundwater recharge. The groundwater model was developed to provide a scientific basis for understanding impacts of the man- agement plan alternatives on the groundwater basin. What alternative is preferred? The combination alternative does the best job of meeting current and future water needs with the least impact to environment and the water user's quality of life and pocketbook. Page 14 496 The water conservation measures would reduce urban water demand by 10 percent, agricultural demands by 7 percent and existing golf course demand by 5 percent. Demand for new golf courses would be reduced more substantially. Demand on current groundwater supplies would be reduced through source substitution: delivering canal water to current agricultural golf course pump- ers, increasing the use of recycled water, desalting agricultural drain water for reuse, treating canal water for domestic use and providing State Water Project water for direct golf course use. The least expensive of these with the most poten- tial for alleviating the problem would be implemented first with the more costly being phased in toward the end of the 35-year period. The plan would continue the current level of recharge in the upper valley —about 100,000 acre-feet per year —and implement a lower valley recharge pro- gram of about 80,000 acre-feet per year. Where will we get more water? For several years, CVWD has been negotiating with other Colorado River water contractors in Califor- nia to quantify entitlements. As the plan now stands, we would gain an additional 155,000 acre-feet of water annually. We are also nearing completion of negotiations with Metropolitan Water District of Cali- fornia for a State Water Project entitlement transfer to us of 100,000 acre-feet in most years. Other new water would come from increased recycled water use, additional purchases of surplus water when other agencies have it available and the desalting of agricul- tural drain water. What will result? The chart on this page shows the projected result of implementing the pre- ferred alternative of the Water Management Plan based on CVWD's comput- erized groundwater model. Taking the Bermuda Dunes well chart as an example, the red line shows historic conditions, the yellow line shows projected conditions with no plan and the green line shows the groundwa- ter table recovering with the preferred plan. Where do we go? The Water Management Plan's draft environmen- tal impact report is expected to be issued before the end of 2001. It will be open for public comment for 45 days. Until that process is complete, CVWD will be holding a series of public forums and workshops on the plan in various parts of the district's service area. How can I see the full plan? The complete plan can be found on the district's web site: www.cvwd.org. It can be downloaded from there or, if you have ftp software, from ftp.cvwd.org by navigating to the public folder and then to the public documents folder, signing on as an "anonymous" user and using your e-mail address as a password. It is also available for viewing at CVWD headquarters, Highway 111 and Avenue 52, Coachella. When the draft environmental impact report is finished it will also be available in the same locations. Groups within Coachella Valley Water District can arrange for a speaker to discuss the water manage- ment plan by calling Steve Robbins, assistant to the general manager, at CVWD, 398-2651. Showing of a new 28-minute video about water management in Coachella Valley can be arranged by calling Dennis Mahr, communications and legislative director, at the same telephone number. Page 15 497 T414t 4 w'*P Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 3, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: _ Public Hearing to Certify Environmental Assessment �y 2001-417 and Approve Tentative Tract Map 30092, PUBLIC HEARING: A Request to Subdivide 37.09 Acres into 97 Single Family Lots Located at the Northwest Corner of Avenue 58 and Monroe Street Applicant: Barton Properties, Inc. RECOMMENDATION: 1. Adopt a Resolution of the City Council as recommended by the Planning Commission to certify a Mitigated Negative Declaration of Environmental Impact (EA 2001-417); and 2. Adopt a Resolution of the City Council to approve Tentative Tract Map 30092, subject to findings and conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Property History The subject property is currently located outside the City limits and located at the northwest corner of Avenue 58 and Monroe Street. This site is pending annexation into the City and has been used for farming activities in past years. On April 3, 2001, the City Council approved pre -annexation designations of Low Density Residential (General Plan Amendment 2001-074) and RL (Zone Change 2001-098) allowing up to four units per acre for this site and properties to the north (Attachment #11. Rural o SR CC Tr.30092 P-Greg T.;R6/14 Page 1 Tr. 29858 Form 6/19 infrastructure improvements exist (two traffic lanes) along the frontage of the site with high voltage electric transmission lines on both sides of Avenue 58. Project Request The Tentative Tract Map proposes 97 single family and other street and common lots. The single family lots generally measure approximately 1 10' wide by 1 19' long (13,090 sq. ft.) on 36' wide private streets (Attachment #2). Internal street access is designed around two loop streets that have four offshoot cul-de-sacs serving about one-third of the single family lots. Gated access to the project is located at the southwest corner of the site on Avenue 58; an emergency access gate is planned at the northeast corner of the project on Monroe Street at the terminus of a cul-de-sac street. A 20-foot deep landscaped lot with a meandering sidewalk and wall will be provided along both Arterial Streets as required by the General Plan Circulation Element. Easements for utility purposes are shown on the map exhibit as well. On -site drainage will be deposited into Lot #98 at the southeast corner of the development. This 1.32 acre common lot will be used for stormwater retention purposes and include raised areas for a clubhouse and off-street guest parking spaces. The applicant also proposes a tennis court in the retention basin. A CVWD well site of 0.64 acres is sited at the northeast corner of the Tract at the terminus of one of the cul-de-sac streets. Planning Commission Review On June 12, 2001, the Planning Commission, on a 5-0 vote, adopted Resolutions 2001-087 and 2001-088, recommending to the City Council certification of a Mitigated Negative Declaration and approval of Tentative Tract Map 30092, subject to findings and conditions (Attachment #3 - Minutes). Condition #81 of the Map requires an undulating decorative wall along both perimeter streets. Public Notice This project was advertised in the Desert Sun newspaper on June 12, 2001, and mailed to all property owners within 500-feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. Agency Comments A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. U'iµ. SR CC Tr.30092 P-Greg T.;R6/14 Page 2 + 99 Tr. 29858 Form 6/19 FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made, and are included in the attached Resolutions. Condition Numbers 12, 48 and 68 of the Tract Map have been modified by the Public Works Department after the Planning Commission meeting, insuring that the multi -use trail is constructed along Avenue 58. The applicant's engineer was noticed of the recommended changes. The alternatives available to the City Council include: Adopt a Resolution of the City Council as recommended by the Planning Commission to certify a Mitigated Negative Declaration of Environmental Impact (EA 2001-417), and Adopt a Resolution of the City Council to approve Tentative Tract Map 30092, subject to findings and conditions; or 2. Do not approve the above -mentioned Resolutions; or 3. Provide staff with alternative direction. Respectfully submitted, mmunity Uevelopment Attachments: Approved for submission by: (Thomas P. Genovese, City Manager 1 . Location Map 2. Tract Map Exhibit 3. June 12, 2001 Planning Commission Minutes (Excerpt) 001 SR CC Tr.30092 P-Greg T.;R6/14 Page 3 O Tr. 29858 Form 6/19 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO.: ENVIRONMENTAL ASSESSMENT 2001-417 APPLICANT: BARTON PROPERTIES WHEREAS, the City Council of the City of La Quinta, California, did on the 3'd day of July, 2001, hold a duly noticed Public Hearing for Environmental Assessment 2001-417 for Tentative Tract Map No. 30092 located at the northwest corner of Avenue 58 and Monroe Street, more particularly described as follows: Assessor's Parcel No.: 761-720-020; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 121h day of June, 2001, hold a duly noticed Public Hearing for Environmental Assessment 2001-417 for Tentative Tract Map No. 30092 and recommended certification by adoption of Resolution 2001-087. WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of April, 2001, adopt Resolution 2001-34 certifying Environmental Assessment 2001-408 for General Plan Amendment 2001-074 and Zone Change 2001-098 affecting this site and those properties to the north; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-417) and has determined that although the proposed residential development could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the conditions of approval under a Mitigated Negative Declaration of Environmental Impact; and WHEREAS, 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, findings, and reasons to certify said Environmental Assessment: 1 . The proposed Tentative Tract Map will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 004 P:\GREG\EA m ResoTTM30092Barton.wpd 501 Resolution No. 2001- Environmental Assessment 2001-417 for TTM 30092 July 3, 2001 Page 2 2001-417. 2. The proposed Tentative Tract Map will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Tentative Tract Map does not have the potential to achieve short- term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed Tentative Tract Map will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed Tentative Tract Map will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered the Environmental Assessment 2001-417 and the Environmental Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. 005 502 P:\GREG\EA cc ResoTTM3009213arton.wpd Resolution No. 2001- Environmental Assessment 2001-417 for TTM 30092 July 3, 2001 Page 3 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2001-417 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. That Environmental Assessment 2001-417 reflects the independent judgment of the City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) 006 P:\GREG\EA cc Res0TTM30092Barton.wpd 503 Resolution No. 2001- Environmental Assessment 2001-417 for TTM 30092 July 3, 2001 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 007 P:\GREG\EA oo ResoTTM30092Barton.wpd 504 Environmental Checklist Form ENVIRONMENTAL ASSESSMENT 2001-417 1 . Project Title: TTM 30092 (Barton Properties) 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Greg Trousdell 760-777-7125 4. Project Location: NW Corner of Avenue 58 and Monroe St.; East of the City limits 5. Project Sponsor's Name and Address: Barton Properties, 1 161 1 San Vicente Blvd., S-605, Los Angeles, CA 90049 (310-826-4658) 6. General Plan Designation: County: Agriculture, 2-B (2-5 d.u./acre), LDR (0-4 d.u./acre) City: Low Density Residential (Pre -Annex.) 7. Zoning: County: A-1-20, R-1-9000 City: Low Density Residential (Pre -Annex.) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Development of 97 single family and other common lots on 37 acres within the boundaries of GPA 2001-074 and ZC 2001-098. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: Vacant (previously agriculture) South: Across Ave. 58, date palm grove and residential East: Across Monroe St., vacant and scattered residential West: IID Corporate facility 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Local Agency Formation Commission (Annexation process) P:\G REG\EACkIstBarton30092. W PD Im 505 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Hazards & Hazardous Materials Public Services Agriculture Resources Hydrology and Water Quality Recreation Air Quality Land Use Planning Transportation/Traffic Biological Resources Mineral Resources Utilities and Service Systems Cultural Resources Noise Mandatory Findings Geology and Soils Population and Housing Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR p t o applicable standards, and (b) have been avoided or mitigated pursuant to that earlier E , nc ing revisions or mitigation measures that are imposed upon the proposed project, not er is required. Printed May 22-01 Date CITY OF LA OUINTA u I- For P:\GREG\EACk1stBarton30092.WPb 069 506 Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 010 P:NGREG\EACk1stBarton30092.WPD 1 507 Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X 0 X F4 V11 X P:\GREG\EACkIstBarton30092.WPD 508 4 IV V d) Expose sensitive receptors to substantial pollutant concentrations? (Application materials) e) Create objectionable odors affecting a substantial number of people? (Application materials) BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment, p. 5-2 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 5-2 ff.) CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? ("Historical/ Archaeological Resources Survey Report," CRM Tech, 10/18/2000 and Phase 1 Report by A.A.G. dated April 2001. X X X X X X X X P:\GR EG\EAC k1stBarton30092. W PD U1H 509 b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? ("Historical/ Archaeological Resources Survey Report," CRM Tech, 10/18/2000 and Phase 1 Report by A.A.G. dated April 2001.) c) Disturb or destroy a unique paleontological resource or site? ("Paleontological Resources Assessment Report, CRM Tech, 10/19/2000 and Phase 1 Report by A.A.G. dated April 2001.) d) Disturb any human remains, including those interred outside of formal cemeteries? ("Historical/ Archaeological Resources Survey Report," CRM Tech, 10/18/2000 and Phase 1 Report by A.A.G. dated April 2001.) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35 and Sladden Geotechnical Report dated 2-9-2001) ii) Strong seismic ground shaking? (General Plan FIR, page 4-30 ff and Sladden Geotechnical Report dated 2-9-2001) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff. and Sladden Geotechnical Report dated 2-9 2001) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff.) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan FIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff. and Sladden Geotechnical Report dated 2-9-2001) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) 0 M X X X X X X X X X P:\GREG\EACk1stBarton30092.WPD 013 510 VIL HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff. and Hacker Engineering Drainage Report for TTM 30092) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (General Plan FIR, page 4-59 ff. and Hacker Engineering Drainage Report for TTM 30092) X X X X X X X X X M X P:\G REG\EACklstBarton30092. W PD U14 511 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR, page 4-59 ff. and Hacker Engineering Drainage Report for TTM 30092) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-59 ff. and Hacker Engineering Drainage Report for TTM 30092) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13 ) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5- 5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR, p. 4-157 ff. and Noise Impact Report prepared by P.A. Penardi and Assoc. dated 4- 4-01) b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels?(General Plan EIR, p. 4-157 ff.) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan FIR, p. 4-157 ff.) X X X X X X X X X rd WN X 015 P:\G REG\EAC k1stBarton30092. W PD 512 d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Application Materials) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) X 11 FM9 K4 X km u16 P:\G REG\EACkIstBarton30092. W PD 513 XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. 4-126 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. 4-126 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application Materials) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, p. 4-126 ff.) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4- 24) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) X X X X X X X X X X X X X 017 P:\GREG\EACk1stBarton30092.WPD 10 514 XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b)Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSES. M E17 X AI Earlier analyses may be used where, pursuant to the tiering, program FIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier FIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Assessments prepared for the County of Riverside were used in reviewing the potential impacts of the proposed project. These include: PP15672, Fast Track #98-39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No 1. City EA 2001-408 covers this site and 240 acres to the north. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992; SCAQMD CEQA Handbook; General Plan, City of La Quinta, 1992; Paleontological Lakebed Delineation Map, City of La Quinta; City of La Quinta Municipal Code; "Historical/Archaeological Resources Survey Report," prepared by CRM Tech, October 18, 2000; "Paleontological Resources Assessment Report," prepared by CRM Tech, October 19, 2000; "Phase 1 Archaeological/Historic Resources Assessment for TTM 30092", prepared by Archaeological Advisory Group, April 2001; "Noise Report #01106 for TTM 30092," prepared by P.A. Penardi and Assoc., April 4, 2001; "Geotechnical Investigation for TTM 30092," prepared by Sladden Eng., Feb. 9, 2001;"Preliminary Drainage Calc. - TTM 30092," prepared by Hacker Eng., April 13, 2001. 018 P:\GREG\EACk1stBarton30092.WPD 11 515 Addendum for Environmental Assessment 2001-417 for Tentative Tract Map 30092 Introduction This Environmental Assessment has been prepared to supplement EA 2001-408 prepared for General Plan Amendment 2001-074 and Zone Change 2001-098 (City Council Resolution 2001-34). The purpose of this environmental assessment, therefore, is to review and quantify all known potential impacts to the environment. Where appropriate, mitigation measures associated with the physical development of the undeveloped property have been proposed. II. c) The proposed annexation area of 280 acres is not listed as significant farmland, nor is it currently subject to Williamson Act contracts. The land has a County General Plan designation of Low Density Residential, and is zoned Agriculture, 1-20 acres under the County Zoning Ordinance. The pending annexation action will not change the current use of the land from agriculture. However, site development will result in the loss of agricultural land. Residential subdivisions are being developed to the north of the site, thereby showing that landowners are receptive to nonagricultural development. The loss of this site for agriculture is not expected to be significant based on the conclusion of this assessment and EA 2001-408. III. a►, c) & d) The development of this project could generate up to 970 average daily trips'. These trips, plus development of 40 acres to the north (Annexation Application), could generate the following emissions. The Table below also includes the SCAQMD thresholds of significance for each potential pollutant. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 158.17 6.08 32.45 -- 0.68 0.68 Daily Threshold* 550 75 100 150 Based on 3,062 trips/day and average trip length of 10.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project. "Trip Generation, 6th Edition, Volume I" prepared by the Institute of Transportation Engineers. Single Family detached housing (210) used. uI P:\GREG\EAAddenT30092Barton.WPD 516 The Coachella Valley has in the past been a non -attainment area for PM10 (particulate matter of 10 microns or smaller). In order to control PM 10, the City has imposed standards and requirements on development to control dust. SCAQMD also suggests mitigation for vehicular emissions, which are integrated into the following mitigation measures for future development: 1. No earth moving activity shall be undertaken without the review and approval of a PM 10 Management Plan. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site, unless otherwise allowed by the City Engineer. 6. Any piece of land to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 7. Watering of any portion of the site or other soil stabilization method shall be employed on an ongoing basis after the initiation of any grading activity on the site. Portions of any portion of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 8. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 9. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 10. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 11. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings shall conform to energy use guidelines in Title 24 of the California Administrative Code. U'') P:\GREG\EAAddenT30092Barton.WPD 517 13. Any project on the annexation area lands shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. 14. Based on EA 2001-408, any project proposed on the annexation lands which generates more than 3,062 trips per day shall be required to prepared revised air quality calculations which provide an accurate analysis of the potential impacts caused by the project. This Map involves 40 acres (50%) of the annexation area. With the implementation of these mitigation measures, the impacts to air quality from the proposed annexation will not be significant. Moreover, improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. IV. a) Biological resource analysis has not been performed because the site has been actively used for farm activities and therefore is not likely to be a valuable habitat for native species. The land is not in an area of concern for known sensitive species and is outside the boundary of the Coachella Valley Fringed - toed Lizard Habitat Conservation Plan. Impacts from development are not expected to be significant. V. a) & b) Cultural resource surveys were conducted for the subject property'. The survey found that no significant resources occur on the site. V. c) A paleontological resource study was performed for the 80 acres at the southeasterly portion of the annexation area, and the balance of the site has been previously assessed for paleontologic resources'. The annexation area has exhibited signs of mollusks, being within the historic lakebed of ancient Lake Cahuilla, but no vertebrate remains have been located. The mollusks found are abundant in this area, and do not represent a significant resource. As such, the on -site investigation and report found that the impacts on paleontologic resources are less than significant, and that no further analysis of the site is necessary. Z Historical/Archaeological Resources Survey, prepared by CRM Tech, October, 2000; Phase 1 Archaeological/Historical Survey, prepared by James Brock, MA, RPA dated April 2001. 3 Paleontological Resources Assessment Report, prepared by CRM Tech, October 2000. Environmental Assessments prepared for the County of Riverside. These include: PP15672, Fast Track #98-39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No 1. These analyses cover 200 of the 280 acres proposed for this project. U n j P:\GREG\EAAddenT30092Barton.WPD 518 VI. a) i) & ii) The site is not located in any Earthquake Fault zones as designated by the State but is mapped in the Ground Shaking Zone IV meaning seismic events can cause damage to building under certain occurrences. To ensure structures can withstand damage from earthquakes, compliance with the Geotechnical Investigation Report by Sladden Engineering dated February 9, 2001, shall be met during any site construction work. This requirement will ensure that impacts from ground failure are reduced to a less than significant level. VI. a) iii) This site may be subject to liquefaction due to groundwater being found within 25 to 30 feet requiring "remedial grading including overexcavation and recompaction." (Sladden Report) To develop the site, the following mitigation measure shall be implemented: Grading activities and structure development shall comply with the recommendations of the Geotechnical Investigation Report prepared by Sladden Engineering for TTM 30092 including over -excavation, and other methods known to reduce the potential for liquefaction impacts on residential and recreational structures. VIII. b) Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. Development of the site will replace the use of canal water for crop irrigation purposes and may represent a positive impact insofar as water usage may be reduced when agricultural irrigation no longer occurs on the site. Stormwater generated by development will be retained on -site which will encourage percolation and groundwater recharge. Additionally, City Ordinances require water conserving plumbing fixtures and landscaping. These mitigation measures will reduce potential impacts to a less than significant level. VIII. c►-e) Site development of buildings and parking areas will create impermeable surfaces creating drainage pattern changes. The project site is located in a C Flood Zone. The project is required to meet the City's standards for retention of the 100-year storm on -site. The drainage plan, prepared by Hacker Engineering, has been reviewed by the City Engineer for compliance with Section 13.24.120 (Drainage) of the Subdivision Ordinance. Tract conditions are recommended to ensure compliance assuring the flood control system is less than significant. XI. a) The development of the area will result in increased noise levels, but these are not expected to be significant, given that the ambient noise level is, and will P AG REG\EAAddenT30092 Barton. W PD o 519 continue to be low. Development on any portion of the site will include landscaping, berms and walls which will further attenuate sound in the area as required by Noise Impact Report prepared by P.A. Penardi and Associates dated April 4, 2001. The impacts from noise are therefore not expected to be significant. XIII. a) The proposed development will have a direct impact on public services and will be served, once annexed, via City contracts with the County Sheriff and Fire Department. The project area will generate, at build -out a population of approximately 276 persons (i.e., 2.85 people per household). Site development will generate property tax which will offset the costs of added police and fire services. The project area will continue to pay the mandated school fees as development occurs. These fees mitigate the students generated, and offset the impacts to schools. The planned development is private and will include a 1 .32 acre recreation lot. In addition to private recreation, residents will have access to existing and future City parks and other municipal facilities. The collection of property tax, and the generation of sales tax from these residents' disposable income, will generate revenues to the City to offset the added costs associated with the provision of municipal services. Builders within the project area will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements. Site development is not expected to have a significant impact on municipal services or facilities. XV. a) The Village of the Palms project determined traffic impacts for development would be less than significant'. Under EA 2001-408(City Council Resolution No. 2001-34) it was determined that a traffic study would not be required, provided the sites were developed to comply with the LDR General Plan designation and Impact Mitigation Fees were paid. The implementation of these mitigation measures will reduce the potential impacts to the circulation system to a less than significant level. 4 Environmental Assessments prepared for the County of Riverside. These include: PP15672, Fast Track #98-39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No 1. 0 2 1 P:\GREG\EAAddenT30092Barton.WPD 520 XVI. a)-f) The eventual buildout of the site, however, will require service from the utility providers. The overall impacts on these services is not expected to be significant, insofar as these suppliers will charge the residents for their services, and provide improvements to these services as needed. In addition, connection fees will be required at construction of any project. These fees and charges will mitigate the potential impacts to a less than significant level. PAG REG\EAAddenT30092Barton. W PD 521 \ ( / o \ \ / �\ a \E" f§z 3 / / 0 2 \ � \ \ a o \ / j w w & $ \ ) k w k \§ \� U \.j / \\\ \ \\\ \\\\ pro §rlt \ » k [.§ ./ to m � / / 7 /) { ®) \ » » * § * c 6= = S S 2 0 3 2 ; Q \ 3 � � \ (40 � \ \ 025 522 W F d A U � A oa. OU U b .v. cy ryW O U h bD O F 1�4 ti O aCi 0 a � o A O zz a� cL o QQ �3 U a 0 z o F OO 0 O [aar � U t o 0 d W F W F d d A A W � W U U U U v o :d U O U U �yv U " w Y d 0 � � b h � bD w ,fl qq U 0 O O b 0 O ba a Con Uq U 0.o1Uto 0 0 w 0 C O w F ~ �I V itl O c> a F H °' } \` 5 \d § §u ) ( ) ) § e ) /} )& \2 �( k (\ \ / ( § §§ k � )� / •• } \ § \ § ) ) § 0 \� ; u (§ � § �k § \\/ ) () _ ) § � \ j �§ ) �E \ 2 � {# § ; (\ j6 � K c M ) � /\ ( 0 027 524 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A RESIDENTIAL SUBDIVISION OF 37.08 ACRES INTO 97 SINGLE FAMILY AND OTHER PRIVATE STREET AND COMMON LOTS LOCATED AT THE NORTHWEST CORNER OF AVENUE 58 AND MONROE STREET CASE: TENTATIVE TRACT MAP NO. 30092 APPLICANT: BARTON PROPERTIES WHEREAS, the City Council of the City of La Quinta, California did, on the 3r0 day of July, 2001, hold a duly noticed Public Hearing to consider a request by Barton Properties for Charles and Norma Fausel to create 97 single family and other private common lots on 37.08 acres located at the northwest corner of Avenue 58 and Monroe Street, more particularly described as: Assessor's Parcel No.: 761-720-020 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12" day of June, 2001, hold a duly noticed Public Hearing to consider the request and recommended approval by adoption of Resolution 2001-088. WHEREAS, the Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Department has determined that the proposed Map could not have a significant adverse impact on the environment provided that recommended mitigation is required, and that a Mitigated Negative Declaration of Environmental Impact (EA 2001-417) has been certified; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following mandatory findings to justify approval of said Tentative Tract Map: The proposed Tentative Tract Map is consistent with the La Quinta General Plan, in that the subdivision will result in the creation of large residential lots to be developed in accordance with the existing Pre -Annexation Zoning and General Plan designations as established. Project density is approximately 2.6 units per acre where up to a maximum density of four units per acre is allowed. 2. The design and improvements for the Tentative Tract Map are consistent with the La Quinta General Plan, in that all proposed single family lots meet and exceed P:\GREG\Resocc T30092Barton 58th.wpd - Greg 525 Resolution No. 2001- TTM 30092, Barton Properties July 3, 2001 Page 2 minimum required dimensions and sizes requirements. The design of private streets servicing the residential lots are consistent with standards as contained in the General Plan Circulation Element. The design of the Map, and its proposed improvements, are not likely to cause substantial environmental damage, or substantially and unavoidable injure fish or wildlife, or their habitat, in that the site is vacant and has been previously disturbed by farming activity, to the degree that the site itself does not support any wildlife species. 4. The design of the proposed subdivision map and related improvements are not likely to cause serious public health problems, in that responsible agencies have reviewed the project for these issues with no significant concerns identified. Necessary infrastructure improvements for this project are readily accessible. The health, safety and welfare of current and future residents can be assured based on the recommended conditions, which serve to implement mitigation measures for the project. 5. The design of, and type of improvements for, the Map will not conflict with easements acquired by the public at large, for access through, or use of, property within the subdivision, as the proposed subdivision has been reviewed for these issues with no concerns identified. The Tract's design includes provisions for lot access and utility and other public easements as determined necessary during review of the proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: That the above recitations are true and correct and constitute the findings of said City Council in this case; 2. That it does hereby confirm the conclusion that Environmental Assessment 2001 417 assessed the environmental concerns of this Map; and 3. That it does hereby approve Tentative Tract Map 30092 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PAGREG\Resocc T30092Barton 58th.wpd - Greg 029 5H Resolution No. 2001- TTM 30092, Barton Properties July 3, 2001 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3`d day of July, 2001, by the following vote, to wit: AYES: NOTES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\GREG\Resocc T30092Barton 58th.wpd - Greg 030 527 RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 30092, BARTON PROPERTIES JULY 3, 2001 GENERAL 1. Tentative Tract Map No. 30092 shall comply with the requirements and standards of §§66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 2. This Map approval shall expire and become null and void on July 3, 2003, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of TTM 30092 and certification of EA No. 2001-417. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following agencies and departments: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (Letters dated 2-26-01 and 3-30-01) • Imperial Irrigation District (Letter dated 4-18-01) • California Regional Water Quality Control Board (NPDES Permit) • Verizon • Time Warner Cable • The Gas Company (Letter dated 3-22-01) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 1 031. Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing five or more acres, or smaller projects which are part of a larger project disturbing five or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NO1) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Right of way dedications required of this development include: A. PUBLIC STREETS 11 Avenue 58 (Primary Arterial) - 55-foot half of 110-foot right of way. 2) Monroe Street (Primary Arterial) - 55-foot half of 110-foot right of way. B. PRIVATE STREETS 11 Main Entry: As required for final configuration of the private gated entry as approved by the City Engineer. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 2 U 3 n 529 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 3 2) Residential: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side and 29 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. C. CULS DE SAC - Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39.5-foot radius, or larger. 8. Right of way geometry for knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 1 1 . The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Avenue 58 (Primary Arterial) - 32-foot B. Monroe Street (Primary Arterial) - 20-foot The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 3 033 530 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 4 Where public facilities (e.g., sidewalks, multi -use trails) are placed on privately - owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 15. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 16. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 17. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 18. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 4 - 034 531 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 5 IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 20. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 21. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 5 035 532 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 6 GRADING 22. Prior to issuance of a grading permit, the applicant shall furnish written acknowledgment from CWQCB of receipt of applicants Notice of Intent (NOI). 23. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 24. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 25. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 26. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 27. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 6 03fi 533 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 7 provided with other erosion control measures approved by the Community Development and Public Works Departments. 28. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. IMPROVEMENT AGREEMENT 29. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 30. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQM.C. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 31. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 7 037 534 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 8 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 32. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 33. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. DRAINAGE 34. Applicant shall prepare a Storm Water Pollution Prevention Plan as required by the State NPDES General Construction Permit. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 36. Stormwater shall normally be retained in common retention basins. Individual - lot basins or other retention schemes may be approved by the City Engineer for Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 8 038 53'a Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 9 lots 2.5 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 37. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 38. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 39. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 40. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be five feet for common basins and two feet for individual -lot retention. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape areal and infiltrate 5 gpd/1,000 sq. ft. 42. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s)• No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 43. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 9 039 536 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 10 use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&R's for meeting these potential obligations. 44. The tract shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 45. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all aboveground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 46. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground, unless otherwise allowed by General Plan Amendment 2000-073. Power lines exceeding 34.5 Kv are exempt from this requirement. 47. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 48. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Avenue 58 (Primary Arterial) - Construct 43-foot half of 86-foot improvement (measured curb face to curb face) plus 6-foot meandering sidewalk. Applicant shall construct a landscaped half median, unless otherwise determined by the City Engineer. Cond cc Tr. 30092 - Greg TIP; R6/14; Pg. 10 040 537 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 1 I 2) Monroe Street (Primary Arterial) - Construct 43-foot half of 86- foot improvement (measured curb face to curb face) plus 6-foot meandering sidewalk. Applicant shall construct a landscaped half median, unless otherwise determined by the City Engineer. 3) Developer shall enter into a secured agreement for the deferred installation of a traffic signal at the main entrance off Avenue 58 at such time that signal warrants are met. Developer shall pay its fair share based on an "after the fact" traffic study. Developer may assign secured agreement to the HOA. Signalized intersection costs to be divided based on percentages of use to the participating developments. B. PRIVATE STREETS Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. C. CULS DE SAC Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius. D. MULTI -USE TRAIL - The applicant shall construct a multi -use trail along the Avenue 58 frontage within the required 32-foot wide setback. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed to separate the multi -use trail from the pedestrian sidewalk and perimeter wall in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. The multi -use trail, trail signs, and the split rail fence shall be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the fence to be installed shall be posted prior to final map approval. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 11 Al. 538 Resolution No. 2001-_ Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 12 Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 50. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 51. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 52. Knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 53. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 54. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential Collector Secondary Arterial Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 12 3.0" a.c./4.50" c.a.b. 4.0"/5.00" 4.0"/6.00" 042 539 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 13 Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 55. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 56. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 57. General access points and turning movements of traffic are limited to the following: A. Avenue 58 (Primary Arterial) - No turning restriction. B. Emergency Access on Monroe Street - No public access allowed; left turns are restricted. LANDSCAPING 58. Landscape and irrigation plans for landscaped lots, landscape setback areas and medians shall be prepared by a landscape architect and be prepared based on the water conservation measures in Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. The plans are not approved for construction until Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 13 043 540 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 14 they have been approved and signed by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. 59. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 60. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 61. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 62. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. PUBLIC SERVICES 63. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 64. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 14 044 541 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092,Barton Prop. July 3, 2001 Page 15 65. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 66. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 67. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 68. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks (except for multi -use trails). The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 69. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 70. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 15 u45 542 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 16 71. The developer shall pay school mitigation fees to the Coachella Valley Unified School District based on their requirements. Fees shall be paid prior to building permit issuance by the City. 72. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. FIRE DEPARTMENT 73. Approved standard fire hydrants, located at each street intersection and spaced not more than 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. 74. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 75. Gates entrances shall be at least two feet wider than the width of the travel lanes. Any gate providing access from a road to a driveway shall be located at least 35' setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where one way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. 76. Gates, if any, shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 77. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 16 P 543 Resolution No. 2001- Conditions of Approval - Recommended TTM 30092, Barton Prop. July 3, 2001 Page 17 78. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. MISCELLANEOUS 79. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 80. The Covenants, Conditions and Restrictions for the Tract shall be approved by the City Attorney prior to approval of the final map by the City Council. 81. Privacy walls fronting onto Avenue 58 and Monroe Street shall either meander (i.e.,minimum 5'-0" undulation) or include minimum three foot offsets every second lot. Perimeter tract improvements (conceptual plans) shall be approved by the Planning Commission, including landscaping and decorative screen walls. 82. Bureau of Reclamation easements that traverse the project site shall be disclosed on the final map. 83. No permanent improvements may be constructed within the 50-foot easement area of the Avenue 58 agricultural drain or the 10-foot easement area of lateral 123.45-0.75 without the written consent of the Coachella Valley Water District. 84. Revise the Tract Map exhibit map to reflect the Geotechnical Investigation Report regarding liquefaction. Cond cc Tr. 30092 - Greg T/P; R6/14; Pg. 17 047 544 EXHIBIT "B" REORGANIZTAION TO INCLUDE ANNEXATION 11 TO THE CITY OF LA QUINTA AND CONCURRENT DETACHMENT FROM THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO 2000_ AIRPORT BOULEVARD Attachment 1 — — 5 (AVENUE 56) 15 1 14 — 22 w Z J AVENUE 58 VICINITY MAP N.T.S. 2 2 LEGEND CITY OF LA OUINTA CORPORATE BOUNDARY ANNEXATION BOUNDARY N.A.P. NOT A PART SECTION 27[ 3repored by. Tc(Te P -= ►II(Td0oo-M O Coachella Palley Fbgiaeen 7-mf ldl fad. Belle 102. P99 DOW, Cd Well 0242 MAY, 2001 NO. DATE SECTION LINE 22 123 NE1/4 SEC. 22, T.6S., R.7E. SCALE: 1 "=600' Village @ the Palms NW1/4 SE1/4 SEC. 22, T.6S., R.7E. AVENUE THE NEI/4, THE NW1/4 OF THE SE1/4 AND THE E1/2 OF THE SE1/4 OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 1/4 SECTION LINE 22 O1 •N W L W a1 w 4- 0 y w J O J 0 F � L w Y C 23 W Vacant O w Z O v D 0\N 0 M 23 58 27 126 THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. 1 L.S. 6532 6/30/03 049 545 ®NICKER fNEINEERINi, INC. lZ..rYiY woes eno ._µfK • m / 001 O.Y r.Im.r`r Me Yw 1�/ui rll.►O � (WI j IRwOYiJI�'�Y�� rns�aw 7@� l flYl Yl010 1� Is 11tl 7@Y11 Attachment 2 ' •wVyr'• N]S.M. CMD M[lt '•.� 88 87 85 85 84 8� 82 81 80 79 sr rw•uo rw•J: seas •.L.o.. 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BI 27 ua .n 0 = 28 47 44 i 39 _ 36 ;�I g 96 nio..oe no-ar 8 Bwa.x.f ' rY-xe An.3is I Yr — I° 46 45, e I° 38e Q 97 s x $ _ 37 R I6 ` Af one a ( ,vy w• U• IIUJ MY[ �u(�MRY Itf plr >a' ( Irl v' CROIIM 1/HC) SIgMN .tf I I I . ��rr[ ( CINCC CN V.ClIL[ _I /AC W sr..rrY eater rw.xJ ere it OY1� T M1f iO 546 Attachment 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 12, 2001 CALL TO ORDER 7:00 P.M. A. This meetin a Planning Commission was called r at 7:00 P.M. by C n Robbins who asked Commissioner lead the flag B. issioners Jacques Abels, utter, Tom Kirk, Robert irman Steve Robbins. Staff present: Community Dev nt Director Jerry Herman, Assistant City Attorney John Ra lanning Manager Christine di lorio, Engineering Assistant H uzman, Principal Planner Stan Sawa, and or Executive Secretary awyer. II. PUBLIC COMMENT: III. CONFIRMATIO HE AGENDA: Confirmed IV. CONSEN S: A. irman Robbins asked if there wer orrections to the Minutes of ay 22, 2001. Commissioner T sked that Page 12, Item 20 be corrected to say General PIF endment".There being no further corrections, it was moved ed by Commissioners Abels/Kirk to approve the minutes as tnanimously approved. B. Department V. PRESENTATIONSINWe. VI. PUBLIC HEARING: A. Environmental Assessment 2001-417 and Tentative Tract Map 30092; a request of Barton Properties, Inc. (Charles and Normal Fausel), for certification of a Mitigated Negative Declaration of Environmental Impact and the subdivision of approximately 37.08 acres into 97 single family and other common lots for the property located at the northwest corner of Avenue 58 and Monroe Street 051. G:\WPDOCS\PC6-12-01.wpd 1 547 Planning Commission Minutes June 12, 2001 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted changes requested by the Public Works Department to Conditions #48.A.2, 3, and 57.E. The applicant was requesting changes to Condition #4 and #40. Staff stated they were both standard conditions and is not recommending those changes be made. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Butler asked why this was being processed prior to annexation. Community Development Director Jerry Herman stated it expedited the application. Once the annexation had been completed, the project could start. 3. Commissioner Tyler questioned whether or not the site was subject to liquefaction. He then asked if this annexation would square off the City boundaries at Avenue 58 and Monroe Street. Staff stated yes. 4. Commissioner Kirk asked if there were 36-wide rights of way. Staff stated that was correct for a public right of way. 5. Chairman Robbins asked if the applicant would like to address the Commission. Mr. David Hacker, Hacker Engineering, representing the applicant, questioned Condition #40 and asked if they would be penalized for using the extra foot of freeboard on the retention basin. It was his understanding that staff had approved this request. There would be no lot retention. In regard to the liquefaction zone, he is unaware of it being in this zone. Staff stated it may be that the note needs to be changed on the tract map. If this was true, a condition would be added. Engineering Assistant Hector Guzman stated five feet of water is the standard with the freeboard and therefore the plans conform. 6. Chairman Robbins asked if there was any other public comment. There being no further public comment, Chairman Robbins closed the public hearing and opened the project for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2001-087, certifying Environmental Assessment 2001- 417, as submitted. 052 G:\WPDOCS\PC6-12-Ot.wpd 2 54.9 Planning Commission Minutes June 12, 2001 ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 8. It was moved and seconded by Commissioner Kirk/Abels to adopt Planning Commission Resolution 2001-088, approving Tentative Tract Map 30092, as amended. a. Condition #48.A.1 & 2: Add "construct a 'landscape' half median". b. Condition #48.A.3: Developer shall enter into a secured agreement for the deferred installation of a traffic signal at the main entrance off Avenue 58 at such time that signal warrants are met. Developer shall pay its fair share based on an "after the fact" traffic study. Developer may assign secured agreements to the HOA. Signalized intersection costs to be divided based on percentages of use to the participating developments. C. Condition #57.13. Emergency Access on Monroe Street - No public access allowed; let turns are restricted. d. Add Condition #84. Revise the Tract Map exhibit map to reflect the Geotechnical Investigation Report regarding liquefaction. A. Zonina Coe AMendment 2000-066a request of the City for review of applicability impact of the current ter Efficient Ordinance on developm roposaIs. 1.Zfquested this item be c ued to the Commission meeting ust 28, 2001. It was moved and secogff by Tyler/Abets to cony this item to August 28, 2001. Wnimously approved. VII. CORRESPONDENCE AND WRIT MATERIAL:/None.Vill. COMMISSIONER ITEMS:A. Discussion regard' the Planning Commimeeting dates. The Commissio etermined they would ust 14, 2001. a 4ib711111 r gave a report of 0FCity Council meeting of May 15, I 053 GAWPDOCS\PC6-12-01.wpd 3 541 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 3, 2001 CONSENT CALENDAR: -- STUDY SESSION: Public Hearing to Consider a 1 .88% Rate Increase for PUBLIC HEARING: the Residential, Commercial, and Roll -Off Rates for the City of La Quinta and Authorize the Residential Rates to be Placed on the Tax Rolls for Fiscal Year 2001 /2002 to be Used for Calendar Year 2002 RECOMMENDATION: Adopt a Resolution of the City Council ordering the levy and collection of assessments for refuse collection and recycling services from residential properties within the City pursuant to La Quinta Charter and Municipal Code Chapter 6.04. Adopt a Resolution of the City Council setting the schedule of fees and charges for the collection, recycling (AB 939) and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City adopted Amended and Restated Agreements for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials on July 5, 2000, with Waste Management of California, Inc. The Fiscal Year 2000/2001 Residential and Commercial Rates were also adopted at that time. Pursuant to Section 15.1 CPI Base Charge, of the Municipal and Solid Waste Agreement, the contractor may request a rate increase to the service portion of the agreement of not more than 50% of CPI, subject to City Council approval. The contractor must provide an independent auditor's report stating that a rate increase is due to an increase in providing service under the Agreement. The contractor is requesting a 1.88% increase for the service charges (Attachment 1). 550 G:\WPDOCS\ccjh-waste.wpd Under consideration by the Council is both tax rates that will be placed on the tax rolls and the commercial roll -off rates that will be billed directly by Waste Management. The breakdown of the new rates for the tax rolls is as follows: OLD RATE NEW RATE Service Rate $7.01 $7.14 Dump Fee $2.34 $2.34 AB 939 $0.61 0.61 Monthly Rate $9.96 $10.09 Yearly Rate $1 19.52 $121.08 This represents a yearly increase of $1.56 ($0.13 per month) on the tax rolls for residential collection. The Municipal and Solid Waste Agreement under Section 15.7 Maximum Rates, states that the City residential rate shall not exceed 103% of the lowest rate and only one other city can have a lower rate than the City of La Quinta. Waste Management has provided information from the two other cities that have like services with the City of La Quinta (Attachment 2). The City of Cathedral City has a rate of $10.08, Palm Desert has a rate of $10.25, and the new La Quinta rate is $10.09. Therefore, the rate increase for residential service complies with this Section. The City of La Quinta established a residential tax roll rate for 2000/2001 for $9.96 per month; however, when the rate was placed on the tax rolls the yearly rate was $120.48 or $10.04 per month which was a $0.96 yearly, or $0.08 per month, overcharge. Therefore, the tax rate for those continuing tax rate residents will be reduced to $120.12, or $10.01 per month and the new additions to the tax rolls will be assessed $121.08 (Attachment 3). As staff previously informed Council, this deduction will rebate those households for the over assessment that was on their tax rolls for Fiscal Year 2000/2001. The commercial and roll -off rates which are direct bill by Waste Management have all increased by 1.88% and are listed in the attached resolution. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council ordering the levy and collection of assessments for refuse collection and recycling services from residential properties within the City pursuant to La Quinta Charter and Municipal Code Chapter 6.04. G:\W PD0Mccjh-waste.wpd 551 002 Adopt a Resolution of the City Council setting the schedule of fees and charges for the collection, recycling (AB 939) and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City; or 2. Do not adopt Resolutions of the City Council ordering the levy and collection of assessments for refuse collection and recycling services from residential properties or the setting the schedule of fees and charges for the collection, recycling (AB 939) and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City; or 3. Provide staff with alternative direction. Respectfully submitted, Harman munity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Letter from Waste Management dated March 31 with June 27, 2001 including the Independent Accountant's Report. 2. Letter from Waste Management dated June 7, 2001 regarding comparable rates. 3. Letter from Waste Management dated June 7, 2001 regarding tax rate overcharge. 552 003. G:\W PDOCS\ccih-waste.wod RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL PROPERTIES WITHIN THE CITY PURSUANT TO LA QUINTA CHARTER AND MUNICIPAL CODE CHAPTER 6.04 RESIDENTIAL WASTE FEE SCHEDULE WHEREAS, the City Council has heretofore adopted Ordinance 314 ("Ordinance") establishing standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and WHEREAS, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish, or other solid waste is a service to be performed in the City in accordance with the provision of this Ordinance; and WHEREAS, pursuant to Section 6.04.010 of said Ordinance and California Public Resources Code Section 40059(a)(1), an exclusive franchise has been granted to Waste Management of the Desert ("Contractor") for the collection, transportation, recycling, composting, and disposal of solid waste from residential, commercial, construction, and industrial (roll -off) establishments within the City; and WHEREAS, Section 6.04.135 of said Ordinance provides that the City Council shall establish by Resolution the Schedule of Fees that can be charged by Contractor for solid waste collection, disposal and recycling services; and WHEREAS, California Public Resources Code Section 41900 requires the City to demonstrate that it has a funding source, or sources, to pay the costs of preparing, adopting, implementing, and administering local recycling and source reduction programs; and WHEREAS, the City has heretofore adopted and imposed an AB 939 Administrative Fee as part of the assessment for refuse collection and recylcing services paid annually by eligible parcels within the City; and WHEREAS, the Contractor has retained MBIA MuniFinancial Services, Inc., as the Engineer for the purpose of assisting with the preparation of the annual assessment to be levied and collection upon eligible parcels of land within the City, and the City Council has approved such assessments; and U 14 G:\WPDOCS\ResoCCWaste ResFees.wpd 553 City Council Resolution 2001- Residential Waste Fee Schedule Adopted: July 3, 2001 WHEREAS, the City Council desires to levy and collect assessment sto pay for Refuse Collection and Recycling Services rendered to eligible parcels within the City for the period commencing July 1, 2001 and ending June 30, 2002. WHEREAS, at the time stated in the notice, to wit: July 3, 2001, at 7:00 p.m., this City Council conducted the hearing on said report and on the adoption of this Resolution, heard and considered all objections, or protests to the report; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1. The City Council does hereby confirm the written report, made by the City Manager, of the amounts of charges for City furnished garbage and refuse collection and disposal services for the forthcoming year, itemized for each separate residential parcel of land attached hereto and marked Exhibit "A". SECTION 2. This City Council hereby finds that the collection of such charges, together with general taxes, is in the best interest of the users and the City of La Quinta. SECTION 3. The said refuse collection service charges for each parcel of land shall constitute a special assessment against that parcel and shall constitute a lien against such parcel of land, in accordance with Section 5473.5 of the Health and Safety Code of California. SECTION 4. The said residential refuse collection charges shall be used to pay for the refuse collection service for calendar year starting January 1, 2002 through December 31, 2002. SECTION 5. The rate fees as noted in Exhibit "A" for garbage and refuse collection and disposal services for residences which consist of curb service, once per week pickups of one (1) 96 gallon waste can and one (1) 96 gallon green waste can and a 64 gallon commingle recycling container. SECTION 6. The report filed by the City Clerk with this City Council contains a description of each parcel of real property to be charged, and the amount of the charges for purposes of refuse collection for each such parcel in the Fiscal Year 2001- 2002, and such charges are correct and proper, and said report is therefore, approved and adopted. All objections to said report are hereby overruled. After July 3, 2001, the City Clerk shall file with the County Auditor of the County of Riverside a copy of said report with a statement endorsed thereon over her signature that it has duly been adopted by this City Council, together with a certified copy of this Resolution. 0O5 G:\WPDOCS\ResoCCWaste ResFees.wpd 554 City Council Resolution 2001- Residential Waste Fee Schedule Adopted: July 3, 2001 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of July, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California (! 1)6 G:AWPDOCSVResoCCWaste ResFees.wpd 555 EXHIBIT A � z § § b � u SOIRM posodOJd Ol s @ ~nC $ � « § . q_; § k k ui 04 § . o / \| bLLI & $) A ■! 0 2 f� u c �E S 6 o �� \\ w } Lo s / k ) e E ) \ i \ 2 7 A = A \ § § * * J �J Jfƒ /)i# e co- ,§ a) a) a t BCD:2 0 (\ _ §�kC o =22`=a§ a |$Jaa4� m �ƒR/kkR\)£\ > h9 7 556 RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE COLLECTION, RECYCLING (AB 939) AND DISPOSAL OF RUBBISH AND GARBAGE FROM COMMERCIAL, CONSTRUCTION, AND INDUSTRIAL (ROLL -OFF) ESTABLISHMENTS AND CERTAIN RESIDENTIAL PROPERTIES (DIRECT BILL) WITHIN THE CITY COMMERCIAL WASTE FEE SCHEDULE WHEREAS, the City Council has heretofore adopted Ordinance 314 ("Ordinance") establishing standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and WHEREAS, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish, or other solid waste is a service to be performed in the City in accordance with the provision of this Ordinance; and WHEREAS, pursuant to Section 6.04.010 of said Ordinance and California Public Resources Code Section 40059(a)(1), an exclusive franchise has been granted to Waste Management of the Desert ("Contractor") for the collection, transportation, recycling, composting, and disposal of solid waste from residential, commercial, construction, and industrial (roll -off) establishments within the City; and WHEREAS, Section 6.04.135 of said Ordinance provides that the City Council shall establish by Resolution the Schedule of Fees that can be charged by Contractor for solid waste collection, disposal and recycling services; and WHEREAS, California Public Resources Code Section 41900 requires the City to demonstrate that it has a funding source, or sources, to pay the costs of preparing, adopting, implementing, and administering local recycling and source reduction programs; and WHEREAS, the City has heretofore adopted and imposed, in accordance with Section 49109 of the California Public Resources Code an AB 939 Administrative Fee upon commercial, construction, and industrial establishments as set forth in the Schedule of Fees; and WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles, and that Contractor, not City, shall direct bill for services rendered to all commercial, construction and industrial establishments, as well as those residential properties that are not currently assessed on the property tax roll, and u08 G:\WPDOCS\ResoCCWaste Com Fees.wpd 557 City Council Resolution 2001- Commercial Waste Fee Schedule Adopted: July 3, 2001 WHEREAS, at the time stated in the notice, to wit: July 3, 2001, at 7:00 p.m., this City Council conducted the hearing on said report and on the adoption of this Resolution, heard and considered all objections, or protests to the report; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1. The refuse service rates for commercial, construction, and industrial (roll -off) establishments and those residential properties not assessed on the property tax roll are set forth in Exhibit "A", to be effective July 1, 2001 through June 30, 2002. The Contractor shall not charge, or demand rates for such refuse collection services in excess of those set forth in the current approved rate schedule. SECTION 2. This City Council hereby finds that the collection of such charges are in the best interests of the users and the City of La Quinta. SECTION 3. The report filed by the City Clerk with this City Council contains the amount of the charges for the purposes of commercial waste collection and roll -off service fees for Fiscal Year 2001-2002. SECTION 4. The said commercial and roll -off refuse collection charges shall be for the Fiscal Year 2001-2002. SECTION 5. The Contractor is authorized to bill monthly in advance to all commercial, construction, and industrial (roll -off) establishments and those residential properties that are not assessed on the property tax roll. Contractor shall provide an itemized bill distinctly showing charges for all classifications of service including, but not limited to the charges for late payment, re -delivery fees, charges for additional containers, and any fees imposed upon by the City. SECTION 6. The Contractor shall collect and remit to the City on a monthly basis an AB 939 Administrative Fee from all commercial, construction and industrial (roll -off) establishments, as well as those residential properties that are directly billed by Contractor. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2001, by the following vote: AYES: NOES: 009 558 G:\WPDOCS\ResoCCWaste ComFeesmpd City Council Resolution 2001- Commercial Waste Fee Schedule Adopted: July 3, 2001 ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California U10 G:\WPDOCS\ResoCCWaste ComFees.wpd 559 100% FRANCHISED JULY 2001 2 YARD SERVICE 1 $ 49.25 $ 17.47 $ 3.88 $ 70.60 2 $ 85.78 $ 33.29 $ 7.76 $ 126.83 3 $ 120.52 $ 49.21 $ 11.63 $ 181.36 4 $ 155.06 $ 64.99 $ 15.51 $ 235.56 5 $ 189.67 $ 77.59 $ 19.39 $ 286.65 6 $ 224.54 $ 96.54 $ 23.27 $ 344.35 EXTRA EMPTY $ 29.22 3 YARD SERVICE 1 $ 61.81 $ 25.01 5.82 $ 92.64 2 $ 106.38 $ 48.28 11.63 $ 166.29 3 $ 149.98 $ 70.90 17.45 $ 238.33 4 $ 190.34 $ 93.46 23.27 $ 307.07 5 $ 233.27 $ 116.54 29.07 $ 378.88 6 $ 274.74 $ 138.96 34.89 $ 448.59 EXTRA EMPTY $ 40.13 4 YARD SERVICE 1 $ 84.52 $ 33.69 7.76 $ 125.97 2 $ 132.20 $ 63.37 15.51 $ 211.08 3 $ 181.69 $ 92.94 23.27 $ 297.90 4 $ 231.37 $ 122.84 31.01 $ 385.22 5 $ 278.34 $ 152.32 38.76 $ 469.42 6 $ 324.26 $ 181.66 46.51 $ 552.43 EXTRA EMPTY $ 54.30 6 YARD SERVICE 1 $ 126.79 $ 50.10 11.63 $ 188.52 2 $ 198.32 $ 96.18 23.27 $ 317.77 3 $ 272.51 $ 141.13 34.89 $ 448.53 4 $ 347.29 $ 186.09 46.51 $ 579.89 5 $ 417.52 $ 231.85 58.14 $ 707.51 6 $ 486.42 $ 276.35 69.78 $ 832.55 EXTRA EMPTY $ 81.00 NEW START FEE $ 5.88 RESTART FEE $ 15.43 DELIVERY FEE $ 16.63 LOCKED ENCLOSURE $ 1528 BIN PULL-OUT> 20' $ 27.05 LOCKING CONTAINER $ 52.78 REPLACEMENT LOCKING BAR $ 35.23 SATURDAY (for service < 6x/wk) $ 21.94 EXHIBIT A ull. 560 U 0 a d E d c 0 0 Cl) M� (A ((D N (D r a) N Ol (A (A @ O L U 2 W O 0 N m N w m m n a E��U E rn %.i V co W N N> M J CD V UO J a I 00 cq � _' O W a a ❑ N N a dfA (A (A x d E (A fA fA O x x x o IL o @ a o z a t W W F- N n CO (n (n '3 J z ❑ ❑ ❑ U. U. 2 2 a0 o O }}} a ? W N J N M V O a7 Cr J J Q O a O ' o J U ❑ E d = W O O Oy p U LL �dLLaa)i LL } F a_ p u m E r y m U w a z inw� 012 561 almd posodwd d'I %u oad dmn(I aaI,uag N VI (A 611) b b O 69 O fA M N N ss N "� vi M o l� W 69 d N a � O A u13 562 ATTACHMENT #1 WASTE MANAORV EN 41.575 Eclectic Street Palm Desert, CA 92260 (760) 340.5901 (760) 340.2732 Fax www.wmdesert.com March 3I, 2001 Mr. Jerry Herman City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Jerry: Enclosed you will find the proposed price increase rate sheets reilecting.the 1.88% increase in rate service factors. As prescribed by Article XV, Section 15.1, of the franchise agreement, the 1.88% increase is 50% of the 3.75% January 2001 year to year CPI change for Los Angeles -Riverside - Grange County. I shall appreciate your assistance in placing this matter on the council agenda so it may go before the council for possible approval in an up -coming council meeting. Please contact me with any questions or concerns about the rate increase. Sincerely/��ry" v Gary Kealey Controller GK/vw 015 0 563 WASTE MANAGEMENT 41-575 Eclectic Street Palm Desert, CA 92260 (760) 340-5901 (760) 340.2732 Fax www.wmdesert.com June 27, 2001 Jerry Herman Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Mr. Herman, Enclosed is the independent auditor's report stating his review of our increase in costs in comparison with the corresponding increase in CPI, per your request and in accordance with Section 15.1 of the franchise agreement. As stated in the report, disposal tons, which is a year-to-year standard measure of growth that can be used across all types of service, is used as the standard unit. Total costs for providing services under the agreement for calendar 1999 and 2000 are divided by the year's corresponding standard unit to arrive at a cost per standard unit that can be compared year-to-year for the change in cost of providing services. The change in cost per standard unit from 1999 to 2000 is an increase of 4.7%, compared to a CPI change of 3.8%. Therefore, our rate increase request is supported. If you have any questions concerning this report, please contact me. Sincerely,/ Gary W. Kealey Controller 016 W 564 I 1 1 1 t 1 1 1 1 1 1 WASTE MANAGEMENT OF THE DESERT PALM DESERT, CALIFORNIA INDEPENDENT ACCOUNTANTS' REPORT, AND SCHEDULE OF COSTS OF PROVIDING SERVICES TO CITY OF LA QUINTA DECEMBER 31, 2000 and 1999 017 565 1 1 LUND & CUTTRY LLP /CERTIFIED PUBLIC ACCOUNTANTS 1 19700 BOB HOPE DRIVE • SUITE 309 • PO. BOX 250 • RANCHO MIRAGE, CA 92270-0250 Telephone (760) 568-2242 • Fax (760) 346-8891 E-Mail: cpas©lundandguttrv.com • www.lundandguttrv.com 1 1 1 Mr. Frank Orlett Waste Management of the Desert Palm Desert, California 1 We have reviewed the accompanying Schedule of Costs of Providing Services to City of La Quinta 1 for Waste Management of the Desert for the years ended December 31, 2000 and 1999. This schedule is the responsibility of the Company's management. 1 Our review was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. A review is substantially less in scope than an audit, the 1 objective of which is the expression of an opinion on the Schedule of Costs of Providing Services to the City of La Quinta. Accordingly, we do not express such an opinion. 1 Based on our review, nothing came to our attention that caused us to believe that the accompanying Schedule of Costs of Providing Services to the City of La Quinta is not presented in all material respects based on the measurement criteria disclosed in Note 2. 1 1 �u �d w 1 1 June 14.2001 1 1 1 (►18 1 Palm Springs Office • (760) 325-5561 566 WASTE MANAGEMENT OF THE DESERT ' SCHEDULE OF COSTS OF PROVIDING SERVICES TO CITY OF LA QUINTA FOR THE YEARS ENDED DECEMBER 31, 2000 and 1999 ' 2000 1999 OPERATING EXPENSES $ 2,537,749 $ 2,234,453 ' SELLING, GENERAL AND ADMINISTRATIVE EXPENSES 445,368 322,974 tOTHER EXPENSES 3,790 3,112 INCOME TAX EXPENSES 129,320 74,093 ' TOTAL COSTS OF PROVIDING SERVICES TO CITY OF LA QUINTA $ 3.116.227 $ 2.634.632 ' TOTAL TONS OF DISPOSAL 37.706 TONS 33.364 TONS ' TOTAL COST PER TON $ 82.65 $ 78.97 % INCREASE 4.7% 1 ' (The accompanying notes are an integral part of this schedule) 1119 567 I WASTE MANAGEMENT OF THE DESERT 1 [1 I I NOTES TO SCHEDULE OF COSTS OF PROVIDING SERVICES TO CITY OF LA OUINTA NOTEI- PURPOSE The accompanying "Schedule of Costs of Providing Services to City of La Quinta" has been prepared by the Company for the purpose of analyzing the net impact of the increases of operating expenses; selling, general and administrative expenses; other expenses and income tax expenses allocated specifically to operations within City of La Quinta. The net impact of these increases is measured by the total costs per tons of disposal. NOTE 2 - BASIS OF PRESENTATION The "Schedule of Costs of Providing Services to City of La Quinta' has been prepared on the accrual basis of accounting. The allocations to the City of La Quinta were based on actual amounts specific to La Quinta operations for franchise fees paid and costs of disposal paid (included in operating expenses). All other expenses for the City of La Quinta were determined by an allocation of Waste Management of the Desert Division totals based on the Citys' weighted average number of customers and routes to the combined overall division. NOTE 3 — SUMMARY OF RESULTS The summary of the key results of the accompanying schedule is as follows: Total Cost per ton — 2000 $82.65 Total Cost per ton —1999 78 97 Increase in cost per ton $ Lu % INCREASE IN COST PER TON The California Consumer Price Index (CPI) increase from January 2000 to January 2001 for Los Angeles, Riverside and Orange Counties was as follows: CPI January 2001 174.2 CPI January 2000 167.9 Increase in CPI 6.3 % INCREASE IN CPI ".V' 020 I 568 ATTACHMENT #2 Ww June 7, 2001 Jerry Herman Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Mr. Herman: WASTE MANAGEMENT 41-57i Eclectic Streee Palm Desert, CA 92260 (760) 340-5901 (760) 340.2732 Fax Ww .wmdesert.com In accordance with section 15.7 of the franchise contract, the July 1, 2001 proposed residential rate increase to $10.09 puts La Quinta within l 03% of the rates for "like services" within the Coachella Valley. The following are "like services" in the two other lowest priced cities: Cathedral City $10.08 for Automated curbside trash, recycling, greenwaste, and bulky item. Palm Desert $10.25 for Automated curbside trash, recycling, subscription greenwaste, and bulky item. Call me if you have any questions concerning this matter. Sincerely, 947/l/ � Gary Kealey Controller e 569 ATTACHMENT #3 June 7, 2001 Jerry Herman Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Mr. Herman: WASTE MANACEMEN'lI 41-575 Eclectic Street Palm Desert, CA 92260 (760) 340-5901 (760) 340-2732 Fax w .w desertxotx On the 2000/2001 fiscal tax roll billing for trash collection charges for calendar 2001, the residential customers billed on the tax roll were each erroneously overcharged by $0.08 a month or $0.96 for the year. Upon discussions with you, it was decided that everyone who was overcharged would get a credit on the following year's tax roll. Muni Financial, the company that we use to do the placement, will use the 2000/2001 tax roll as a basis for determining which La Quinta customers receive a $.96 lowencharge for their trash collection charges on the 2001/2002 tax roll bill. New additions to the tax roll will not receive the credit. The annual amounts that will be placed on the tax roll are: Amount charged new additions to the tax roll $121.08 Overcharge Credit ($ •96) Amount charged continuing tax roll persons $120.12 If you have any questions, please call me. Sincerely, .gib Gary W. Kealey Controller 0 5 "( n